20230208 Ver 1_210826_BarnesVillage_NWP14-29_PCN_20230203

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Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.4 January 2009
Pre -Construction Notification (PCN) Form
A.
Applicant Information
1.
Processing
1 a.
Type(s) of approval sought from the Corps:
❑x Section 404 Permit ❑ Section 10 Permit
1 b.
Specify Nationwide Permit (NWP) number: 29 & 14 or General Permit (GP) number:
1c.
Has the NWP or GP number been verified by the Corps?
❑x Yes ❑No
1d.
Type(s) of approval sought from the DWQ (check all that apply):
❑x 401 Water Quality Certification — Regular ❑ Non-404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization
1 e.
Is this notification solely for the record
because written approval is not required?
For the record only for DWQ
401 Certification:
❑ Yes ❑x No
For the record only for Corps Permit:
❑Yes ❑x No
1f.
Is payment into a mitigation bank or in -lieu fee program proposed for
mitigation of impacts? If so, attach the acceptance letter from mitigation bank
or in -lieu fee program.
❑x Yes ❑ No
1g.
Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below.
❑ Yes ❑x No
1 h.
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes ❑x No
2.
Project Information
2a.
Name of project:
Barneswood Village
2b.
County:
Mecklenburg
2c.
Nearest municipality / town:
Charlotte
2d.
Subdivision name:
Barnes Village
2e.
NCDOT only, T.I.P. or state project no:
n/a
3.
Owner Information
3a.
Name(s) on Recorded Deed:
Sarah Kay Barnes
3b.
Deed Book and Page No.
34462-821
3c.
Responsible Party (for LLC if
applicable):
3d.
Street address:
2204 WOODWYNN DR.
3e.
City, state, zip:
GASTONIA NC 28054
3f.
Telephone no.:
3g.
Fax no.:
n/a
3h.
Email address:
Page 1 of 10
PCN Form — Version 1.4 January 2009

4.
Applicant Information (if different from owner)
4a.
Applicant is:
❑ Agent ❑x Other, specify: Buyer, under contract to purchase
4b.
Name:
Richard M. Gee
4c.
Business name
(if applicable):
Gvest Capital LLC
4d.
Street address:
136 Main Street
4e.
City, state, zip:
Pineville, NC 28134
4f.
Telephone no.:
704.363.1368
4g.
Fax no.:
n/a
4h.
Email address:
[e-mail]
5.
Agent/Consultant Information (if applicable)
5a.
Name:
Perry Isner
5b.
Business name
(if applicable):
Wetlands & Waters, Inc.
5c.
Street address:
328 East Broad Street, Suite D
5d.
City, state, zip:
Statesville, NC 28677
5e.
Telephone no.:
704.773.4239
5f.
Fax no.:
n/a
5g.
Email address:
[e-mail]
Page 2 of 10

B.
Project Information and Prior Project History
1.
Property Identification
1a.
Property identification no. (tax PIN or parcel ID):
16712105, 16712107, 16712108
1 b.
Site coordinates (in decimal degrees):
Latitude: 35.15248 Longitude:-80.90938
1c.
Property size:
158 acres
2.
Surface Waters
2a.
Name of nearest body of water to proposed project:
Sugar Creek
2b.
Water Quality Classification of nearest receiving water:
C
2c.
River basin:
Catawba
3.
Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
The site consists of primarily vacant, forested land including an existing sanitary sewer easement.
3b.
List the total estimated acreage of all existing wetlands on the property: 2.8
3c.
List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 5965
3d. Explain the purpose of the proposed project:
The purpose of the proposed project is to construct a portion of the Archdale-Shopton Connector as shown on the CRTPO Comprehensive
Transportation Plan, as well as a single-family residential development to meet the growing demand for housing in this region.
3e. Describe the overall project in detail, including the type of equipment to be used:
The project includes the proposed development and supporting infrastructure including roadways, utilities, amenities, appurtenant parking and
stormwater facilities. Typical earth -moving equipment will be utilized including but not limited to pan, excavator, dump -truck, bulldozer, etc.
4.
Jurisdictional Determinations
4a.
Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
project (includingall prior phases)in the past?
❑x Yes ❑ No ❑ Unknown
Comments:
4b.
If the Corps made the jurisdictional determination, what type
of determination was made?
❑x Preliminary ❑ Final
4c.
If yes, who delineated the jurisdictional areas?
Name (if known): Perry Isner
Agency/Consultant Company: W&W, Inc.
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
SAW-2020-02155, 01/12/21
5.
Project History
5a.
Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past?
❑ Yes 0 No ❑ Unknown
5b.
If yes, explain in detail according to "help file" instructions.
6.
Future Project Plans
6a.
Is this a phased project?
❑x Yes ❑ No
6b.
If yes, explain.
Page 3 of 10
PCN Form — Version 1.4 January 2009

C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
❑ Wetlands ❑x Streams — tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a.
Wetland impact
number
Permanent (P) or
Temporary T
2b.
Type of impact
2c.
Type of wetland
2d.
Forested
2e.
Type of jurisdiction
Corps (404,10) or
DWQ (401, other)
2f.
Area of
impact
(acres)
W1
Choose one
Choose one
Yes/No
W2
Choose one
Choose one
Yes/No
W3
Choose one
Choose one
Yes/No
W4
Choose one
Choose one
Yes/No
W5
Choose one
Choose one
Yes/No
W6
Choose one
Choose one
Yes/No
2g. Total Wetland Impacts:
2h. Comments:
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a.
Stream impact
number
Permanent (P) or
Temporary (T)
3b.
Type of impact
3c.
Stream name
3d.
Perennial (PER) or
intermittent (INT)?
3e.
Type of
jurisdiction
3f.
Average
stream
width
(feet)
3g.
Impact
length
(linear
feet)
S1 P
Culvert
UT to Sugar Creek
PER
Corps
5
112
S1.a P
Stabilization (riprap apron)
UT to Sugar Creek
PER
Corps
5
36
S2 P
Culvert
UT to Sugar Creek
PER
Corps
4
77
S2.a P
Stabilization (riprap apron)
UT to Sugar Creek
PER
Corps
4
36
S3 P
Culvert
UT to Sugar Creek
PER
Corps
7
69
S3.a P
Stabilization (riprap apron)
UT to Sugar Creek
PER
Corps
7
40
3h. Total stream and tributary impacts
370
3i. Comments:
(NWP 14 impacts) - Mitigation proposed for culvert impacts only. Riprap aprons will be pressed into the stream bed at existing elevation such that
aquatic life passage is maintained. Applicant proposes 1:1 mitigation ratio (understanding it will be doubled for use of expanded service area) for
Impact S1 due to low quality rating using NC SAM (attached).
Page 4 of 10
PCN Form — Version 1.4 January 2009

C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
❑ Wetlands ❑x Streams — tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a.
Wetland impact
number
Permanent (P) or
Temporary T
2b.
Type of impact
2c.
Type of wetland
2d.
Forested
2e.
Type of jurisdiction
Corps (404,10) or
DWQ (401, other)
2f.
Area of
impact
(acres)
W1
Choose one
Choose one
Yes/No
W2
Choose one
Choose one
Yes/No
W3
Choose one
Choose one
Yes/No
W4
Choose one
Choose one
Yes/No
W5
Choose one
Choose one
Yes/No
W6
Choose one
Choose one
Yes/No
2g. Total Wetland Impacts:
2h. Comments:
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a.
Stream impact
number
Permanent (P) or
Temporary (T)
3b.
Type of impact
3c.
Stream name
3d.
Perennial (PER) or
intermittent (INT)?
3e.
Type of
jurisdiction
3f.
Average
stream
width
(feet)
3g.
Impact
length
(linear
feet)
S4 P
Culvert
UT to Sugar Creek
PER
Corps
6
58
S4.a P
Stabilization (riprap apron)
UT to Sugar Creek
PER
Corps
6
25
Choose one
Choose one
Choose one
Choose one
3h. Total stream and tributary impacts
83
3i. Comments:
(NWP 29 impacts) - Compensatory mitigation proposed for culvert impacts only. Riprap aprons will be pressed into the stream bed at existing
elevation such that aquatic life passage is maintained. Applicant proposes phased mitigation such that payment made for NWP 29 impacts to be
made prior to construction of S4/S4.a only.
Page 4 of 10
PCN Form — Version 1.4 January 2009

4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then indivi ually list all open water impacts below.
4a.
Open water
impact number
Permanent (P) or
Temporary T
4b.
Name of waterbody
(if applicable)
4c.
Type of impact
4d.
Waterbody
type
4e.
Area of impact (acres)
01
Choose one
Choose
02
Choose one
Choose
03
Choose one
Choose
04
Choose one
Choose
4f. Total open water impacts
4g. Comments:
5. Pond or Lake Construction
If pond or lake construction proposed, the complete the chart below.
5a.
Pond ID number
5b.
Proposed use or
purpose of pond
5c.
Wetland Impacts (acres)
5d.
Stream Impacts (feet)
5e.
Upland
(acres)
Flooded
Filled
Excavated
Flooded
Filled
Excavated
P1
Choose one
P2
Choose one
5f. Total:
5g. Comments:
5h. Is a dam high hazard permit required?
❑ Yes ❑ No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If any impacts require mitigation, then you MUST fill out Section D of this form.
6a. Project is in which protected basin?
❑ Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Randleman ❑ Other:
6b.
Buffer Impact
number —
Permanent (P) or
Temporary T
6c.
Reason for impact
6d.
Stream name
6e.
Buffer
mitigation
required?
6f.
Zone 1
impact
(square
feet)
6g.
Zone 2
impact
(square
feet
B1
Yes/No
B2
Yes/No
B3
Yes/No
B4
Yes/No
B5
Yes/No
B6
Yes/No
6h. Total Buffer Impacts:
6i. Comments:
Page 5 of 10

D.
Impact Justification and Mitigation
1.
Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
Project has been carefully designed such that impacts are only necessary for road crossings in order to access high ground. NWP14 impacts are
necessary to meet requirements of CRTPO CTP (documentation attached). Extensive headwalls will be utilized in order to minimize impacts to
regulated features. Initial concept plan (included) showed —55OLF of impacts, and an additional crossing which has since been eliminated.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Project will be constructed under an approved sediment and erosion control plan in order to ensure that materials incidental to construction activities
will not be transported into downstream receiving waters.
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?
❑x Yes ❑ No
2b.
If yes, mitigation is required by (check all that apply):
❑x DWQ ❑x Corps
2c.
If yes, which mitigation option will be used for this
project?
❑ Mitigation bank
❑x Payment to in -lieu fee program
❑ Permittee Responsible Mitigation
3.
Complete if Using a Mitigation Bank
3a.
Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter)
Type: Choose one
Type: Choose one
Type: Choose one
Quantity:
Quantity:
Quantity:
3c. Comments:
4.
Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
❑x Yes
4b.
Stream mitigation requested:
316 linear feet
4c.
If using stream mitigation, stream temperature:
warm
4d.
Buffer mitigation requested (DWQ only):
square feet
4e.
Riparian wetland mitigation requested:
acres
4f.
Non -riparian wetland mitigation requested:
acres
4g.
Coastal (tidal) wetland mitigation requested:
acres
4h.
Comments: NWP14 - 258 LF ; NWP29 - 58 LF
5.
Complete if Using a Permittee Responsible Mitigation Plan
5a.
If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Page 6 of 10
PCN Form — Version 1.4 January 2009

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

E.
Stormwater Management and Diffuse Flow Plan (required by DWQ)
1.
Diffuse Flow Plan
1 a.
Does the project include or is it adjacent to protected riparian buffers identified
❑ Yes 0 No
within one of the NC Riparian Buffer Protection Rules?
1 b.
If yes, then is a diffuse flow plan included? If no, explain why.
❑ Yes ❑ No
2.
Stormwater Management Plan
2a.
What is the overall percent imperviousness of this project?
>24
2b.
Does this project require a Stormwater Management Plan?
❑x Yes ❑ No
2c.
If this project DOES NOT require a Stormwater Management Plan, explain why:
2d.
If this project DOES require a Stormwater Management Plan, then provide a brief, narrative
description of the plan:
Project includes construction of several large, permanent stormwater control measures which are designed
to meet Phase II standards.
2e.
Who will be responsible for the review of the Stormwater Management Plan?
City of Charlotte
3.
Certified Local Government Stormwater Review
3a.
In which localgovernment's jurisdiction is thisproject?
City of Charlotte
❑x Phase II
❑ NSW
3b.
Which of the following locally -implemented stormwater management programs
❑ USMP
apply (check all that apply):
❑ Water Supply Watershed
❑ Other:
3c.
Has the approved Stormwater Management Plan with proof of approval been
❑Yes ❑x No
attached?
4.
DWQ Stormwater Program Review
El coastal counties
❑HQW
4a.
Which of the following state -implemented stormwater management programs apply
❑ORW
(check all that apply):
❑ Session Law 2006-246
❑ Other:
4b.
Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ❑ No
attached?
5.
DWQ 401 Unit Stormwater Review
5a.
Does the Stormwater Management Plan meet the appropriate requirements?
❑ Yes ❑ No
5b.
Have all of the 401 Unit submittal requirements been met?
❑ Yes ❑ No
Page 8 of 10
PCN Form — Version 1.4 January 2009

F.
Supplementary Information
1.
Environmental Documentation (DWQ Requirement)
1a.
Does the project involve an expenditure of public (federal/state/local) funds or the
❑Yes
0 No
use of public (federal/state) land?
1 b.
If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State
❑Yes
❑ No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1c.
If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
❑ Yes
❑ No
letter.)
Comments:
2.
Violations (DWQ Requirement)
2a.
Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards,
❑Yes
0 No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b.
Is this an after -the -fact permit application?
❑Yes
❑ No
2c.
If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3.
Cumulative Impacts (DWQ Requirement)
3a.
Will this project (based on past and reasonably anticipated future impacts) result in
❑Yes
0 No
additional development, which could impact nearby downstream water quality?
3b.
If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance
with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
4.
Sewage Disposal (DWQ Requirement)
4a.
Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility.
Project includes construction of sanitary sewer utilities to tie into existing facilities located on site. No impacts are necessary for
construction of
sanitary sewer installation.
Page 9 of 10
PCN Form — Version 1.4 January 2009

5. Endangered Species and Designated Critical Habitat (Corps Requirement)
�5a- Will this project occur in or near an area with federally protected species or ❑x Yes
habitat?
5b Have you checked with the USFWS concerning Endangered Species Act
impacts?
i
5c. If yes, indicate the USFWS Field Office you have contacted.
❑ Yes
❑ No
❑X No
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
NC NHP report, included with this request, indicates no current records of federally listed species within a mile of the project area. Afield evaluation
for Schweinitz's sunflower was conducted during the optimal survey window of 2020, with no specimens observed. The report of findings is included.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes
6b. What data sources did you use to determine whether our site would impact Essential Fish Habitat?
Y p tat
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
-1 No
❑ Yes x❑ No
7b What data sources did you use to determine whether your site would impact historic or archeological resources?
NC SHPO WebGIS service
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain? ❑x Yes ❑ No
8b. If yes, explain how project meets FEMA requirements:
Project to comply with FEMA requirements as designed by project engineer
8c. What source(s) did you use to make
FEMA National Flood Hazard Layer I
Mymoklo M 6eF
in determination?
Applicant/Agent's Printed Name Ap>icanVA t's�ture
(Agent's signature is vali ly if n authorization
letterfrom the applica 's orovided.Y
Page 10 of 10
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U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2020-02155 County: Mecklenburg U.S.G.S. Quad: NC- Charlotte West
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Requestor: NVR Inc.
Kevin Summerville
Address: 10710 Sikes Place, Suite 200
Charlotte, NC 28277
Telephone Number: 704-815-1311
E-mail: ksu mmervilleOnvrinc.com
Size (acres) 158 Nearest Town Charlotte
Nearest Waterway Sugar Creek River Basin Santee
USGS HUC 03050103 Coordinates Latitude: 35.15248
Longitude:-80.90938
Location description: The review area is located on the northwest side of Chovice Avenue; approximately 0.5 miles west of the
intersection of Chovice Avenue and Nations Ford Road. PINs: 16712105, 16712107,16712108, 16713342 (partial), and
16712102 (nartial). Reference review area descrintion shown in Jurisdictional Determination Request nackage entitled "Figure
1, Vicinity Mad' and dated 09/25/20.
Indicate Which of the Following Apply:
A. Preliminary Determination
® There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404
of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The
waters, including wetlands have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate
and reliable. The approximate boundaries of these waters are shown on the enclosed delineation map dated DATE. Therefore
this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory
mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection
measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any
way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an
appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may
request an approved JD, which is an appealable action, by contacting the Corps district for further instruction.
❑ There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404
of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403).
However, since the waters, including wetlands have not been properly delineated, this preliminary jurisdiction determination
may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is
merely an effective presumption of CWA/RHA jurisdiction over all of the waters, including wetlands at the project area, which
is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters,
including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland
delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps.
B. Approved Determination
❑ There are Navigable Waters of the United States within the above described project area/property subject to the permit
requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act
(CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for
a period not to exceed five years from the date of this notification.
❑ There are waters, including wetlandson the above described project area/property subject to the permit requirements of Section
404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
❑ We recommend you have the waters, including wetlands on your project area/property delineated. As the Corps may not be
able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that
can be verified by the Corps.

SAW-2020-02155
❑ The waters, including wetlands on your project area/property have been delineated and the delineation has been verified by
the Corps. The approximate boundaries of these waters are shown on the enclosed delineation map dated DATE. We strongly
suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once
verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided
there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years.
❑ The waters, including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the
Corps Regulatory Official identified below onDATE. Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
❑ There are no waters of the U.S., to include wetlands, present on the above described project area/property which are subject to the
permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.
❑ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA).
You should contact the Division of Coastal Management in Morehead City, NC, at [phone] to determine their
requirements.
Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or
placement of structures, or work within navigable waters of the United States without a Department of the Army permit may
constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions
regarding this determination and/or the Corps regulatory program, please contact Bryan Roden -Reynolds at 704-510-1440 or
brvan.roden-reynolds(&u sace.army.mil.
C. Basis For Determination: Basis For Determination: See the preliminary jurisdictional determination
form dated 1/12/2021.
D. Remarks: None.
E. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site
identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security
Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request
a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work.
F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B.
above)
This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this
determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a
Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you
must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Phillip Shannin, Review Officer
60 Forsyth Street SW, Room 10M15
Atlanta, Georgia 30303-8801
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal
under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you
decide to submit an RFA form, it must be received at the above address by Not applicable.
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.**
RODEN Digitally signed by RODEN
_REYNOLDS.BRYAN.KENNETH.1263385574
Corps Regulatory Official: REYNOLDS.BRYAN.KENNETH.1263385574
Harp• 7071 m 17 i n•nR•i 7 -nsna
Date of JD: 1/12/2021 Expiration Date of JD: Not applicable

SAW-2020-02155
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete the Customer Satisfaction Survey located at
http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0
Copy furnished:
Agent: Wetlands and Waters, Inc.
Perry Isner
Address: 328 East Broad Street
Statesville, NC 28613
Telephone Number: 704-773-4239
E-mail: perryisner(&wetlands-waters.com

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
a& REQUEST FOR APPEAL
Applicant: NVR Inc., Kevin Summerville File Number: SAW-2020-02155
Date: 1/12/2021
Attached is:
See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission)
A
PROFFERED PERMIT (Standard Permit or Letter of permission)
B
PERMIT DENIAL
C
APPROVED JURISDICTIONAL DETERMINATION
D
❑X
PRELIMINARY JURISDICTIONAL DETERMINATION
E
SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional information may be found at or http://www.usace.army.miUMissions/CivilWorks/ReaulatoryProgramandPenuits.asi)
OZI& Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request
that the permit be modified accordingly. You must complete Section II of this form and return the form to the district
engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will
forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your
objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your
objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After
evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in
Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein,
you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of
this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days
of the date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new
information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the
date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers
Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form
must be received by the division engineer within 60 days of the date of this notice.

E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the
preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed),
by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the
Corps to reevaluate the JD.
SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial
proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or
objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the
record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to
clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record.
However, you may provide additional information to clarify the location of information that is already in the administrative
record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision and/or the
If you only have questions regarding the appeal process you may
appeal process you may contact:
also contact:
District Engineer, Wilmington Regulatory Division
Mr. Phillip Shannin, Administrative Appeal Review Officer
Attn: Bryan Roden -Reynolds
CESAD-PDO
Charlotte Regulatory Office
U.S. Army Corps of Engineers, South Atlantic Division
U.S Army Corps of Engineers
60 Forsyth Street, Room 1 OM15
8430 University Executive Park Drive, Suite 615
Atlanta, Georgia 30303-8801
Charlotte, North Carolina 28262
Phone: [phone]
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 investi 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. Phillip Shannin, Administrative
Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8801
Phone: [phone]

PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD: 01/31/2021
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: NVR Inc., Kevin Summerville, 10710 Sikes
Place, Suite 200, Charlotte, NC 28277
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Nations Ford, SAW-2020-
02155
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The review area is located on the
northwest side of Choyce Avenue; approximately 0.5 miles west of the intersection of Choyce Avenue and
Nations Ford Road. PINS: 16712105, 16712107, 16712108, 16713342 (partial), and 16712102 (partial).
Reference review area description shown in Jurisdictional Determination Request package entitled "Figure 1,
Vicinity Map" and dated 09/25/20.
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES
AND/OR AQUATIC RESOURCES AT DIFFERENT SITES)
State: NC County: Mecklenburg City: Charlotte
Center coordinates of site (lat/long in degree decimal format): Latitude: 35.15248 Longitude:-80.90938
Universal Transverse Mercator:
Name of nearest waterbody: Sugar Creek
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
® Office (Desk) Determination. Date: 12/08/20
❑ Field Determination. Date(s):
TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAY BE" SUBJECT TO
REGULATORY JURISDICTION
Site Number
Latitude
Longitude
Estimated
Type of aquatic
Geographic authority to
(decimal
(decimal
amount of
resources (i.e.,
which the aquatic
degrees)
degrees)
aquatic
wetland vs.
resource "may be"
resources in
non -wetland
subject (i.e., Section 404
review area
waters)
or Section 10/404)
(acreage and
linear feet, if
applicable
SEE ATTACHED TABLE
1. The Corps of Engineers believes that there may be jurisdictional aquatic resources in the
review area, and the requestor of this PJD is hereby advised of his or her option to request
and obtain an approved JD (AJD) for that review area based on an informed decision after
having discussed the various types of JDs and their characteristics and circumstances when
they may be appropriate.
2. In any circumstance where a permit applicant obtains an individual permit, or a Nationwide
General Permit (NWP) or other general permit verification requiring "pre- construction
notification" (PCN), or requests verification for a non -reporting NWP or other general
permit, and the permit applicant has not requested an AJD for the activity, the permit
applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit

authorization based on a PJD, which does not make an official determination of
jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before
accepting the terms and conditions of the permit authorization, and that basing a permit
authorization on an AJD could possibly result in less compensatory mitigation being
required or different special conditions; (3) the applicant has the right to request an
individual permit rather than accepting the terms and conditions of the NWP or other
general permit authorization; (4) the applicant can accept a permit authorization and
thereby agree to comply with all the terms and conditions of that permit, including
whatever mitigation requirements the Corps has determined to be necessary; (5)
undertaking any activity in reliance upon the subject permit authorization without
requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (6)
accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking
any activity in reliance on any form of Corps permit authorization based on a PJD
constitutes agreement that all aquatic resources in the review area affected in any way by
that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction
in any administrative or judicial compliance or enforcement action, or in any administrative
appeal or in any Federal court; and (7) whether the applicant elects to use either an AJD or
a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered
individual permit (and all terms and conditions contained therein), or individual permit
denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an
administrative appeal, it becomes appropriate to make an official determination whether
geographic jurisdiction exists over aquatic resources in the review area, or to provide an
official delineation of jurisdictional aquatic resources in the review area, the Corps will
provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that
there "may be" waters of the U.S. and/or that there "may be" navigable waters of the U.S.
on the subject review area, and identifies all aquatic features in the review area that could
be affected by the proposed activity, based on the following information:

SUPPORTING DATA. Data reviewed for PJD (check all that apply) Che/cked items are included in the administrative
record and are appropriately cited:
® Maps, plans, plots or plat submitted by or on behalf of the PJD requestor:
Map: Figures 1-7
® Data sheets prepared/submitted by or on behalf of the PJD requestor. Datasheets:
® Office concurs with data sheets/delineation report.
❑ Office does not concur with data sheets/delineation report. Rationale:
❑ Data sheets prepared by the Corps:
❑Corps navigable waters' study:
❑ U.S. Geological Survey Hydrologic Atlas:
❑USGS NHD data:
❑ USGS 8 and 12 digit HUC maps:
®U.S. Geological Survey map(s). Cite scale & quad naive: Figure 4, USGS Togo Quad (7.5-minute
Quadrangle Charlotte West, NC)
®Natural Resources Conservation Service Soil Survey. Citation: Figure 5, Soil Survey (Web Soil Survey of
Mecklenburg County)
® National wetlands inventory map(s). Cite name: Figure 6, National Wetland Inventory Mau (USFWS NWI
Ma er
❑ State/local wetland inventory map(s):
®FEMA/FIRMmaps: Figure 7, FEMA Floodplain (National Flood Hazard Laver)
❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929)
® Photographs: ® Aerial (Name & Date): Figure 1, Vicinity Map (Dated 09/25/20) and Figure 3, County GIS
(Dated 09/25/20)
or ® Other (Name & Date): Photographs 1-16
❑ Previous determination(s). File no. and date of response letter:
® Other information (please specify): Figure 2, Approximate Depiction of Waters and Wetlands (Dated
09/25/20) and NCDWQ Stream Identification Forms, Version 4.11 (Dated 09/16/20)

IMPORTANT NOTE: The information recorded on this form has not necessarilv been verified by the Corns
and should not be relied upon for later iurisdictional determinations.
RODEN Digitally signed by RODEN
REYNOLDS.BRYAN.KENNET
REYNOLDS.BRYANX H.1263385574
ENNETH.1263385574 Date: 2021.01.1210:07:52
-05'00'
Signature and date of Regulatory
staff member completing PJD
1 / 12/2021
Signature and date of person requesting PJD
(REQUIRED, unless obtaining the signature is
impracticable)'
1 Districts may establish timeframes for requester to return signed PJD fonns. If the requester does not respond within the established
time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action.

Feature
Latitude
(decimal
degrees)
Longitude
(decimal
degrees)
Estimated
amount of
aquatic
resources in
review area
(acreage and
linear feet, if
applicable
Type of aquatic
resources (i.e.,
wetland vs. non-
wetland waters)
Geographic
authority to
which the
aquatic resource
"may be"
subject (i.e.,
Section 404 or
Section 10/404
Tributary Al
35.14829000
-80.90972000
450 linear feet
Non -wetland
404
Tributary A2
35.15370000
-80.90875000
2035 linear feet
Non -wetland
404
Tributary A3
35.15306000
-80.90677000
700 linear feet
Non -wetland
404
Tributary A4
35.15724000
-80.90894000
350 linear feet
Non -wetland
404
Tributary B1
35.15244000
-80.90013000
200 linear feet
Non -wetland
404
Tributary B2
35.15252000
-80.90370000
360 linear feet
Non -wetland
404
Sugar Creek
35.15242000
-80.91406000
1870 linear feet
Non -wetland
404
Wetland A1000
35.14702000
-80.91091000
0.96 acre
Wetland
404
Wetland A2000
35.15070000
-80.91314000
0.37 acre
Wetland
404
Wetland A2100
35.15107000
-80.91326000
0.012 acre
Wetland
404
Wetland A3000
35.15321000
-80.91318000
0.25 acre
Wetland
404
Wetland A4000
35.15395000
-80.91245000
0.45 acre
Wetland
404
Wetland A5000
35.15400000
-80.91087000
0.34 acre
Wetland
404
Wetland A6000
35.15472000
-80.91134000
0.42 acre
Wetland
404

*Wetland Sketch provided for illustrative purposes SF3
for preliminary planning use only. Not intended to
be relied upon for exact location, dimensions, or
orientation. All findings and assessments made by
wetland consultants regarding limits ofjurisdiction
or permitting requirements are subject to
verification bythe US Army Corps of Engineers and SR
other appropriate state and local authorities. 1
r
o�
Match
Line
4 9 _
I j
Sugar 'I 9Q�a`�'` Tributary 1131
da
Creek r Tributary B2 —200 LF
a
—360 LF
s
N
Wetland -
A1000
500 ft
—0.96 acres
Project Name: Nations Ford Road
Wetlands Owner / Developer: NVR
City /County:
.�[. & Waters Charlotte / Mecklenburg
Tax PIN(s): 16712105, 16712107, 16712108
Figure 2- Approximate Depiction Coordinates: Scale: Date:
of Waters and Wetlands Lat: 35.15248 Long:-80.90938 graphic 09/25/20

NC SAM FIELD ASSESSMENT RESULTS
Accompanies User Manual Version 2.1
I USACE AID #: NCDWR #: I
INSTRUCTIONS: Attach a sketch of the assessment area and photographs. Attach a copy of the USGS 7.5-minute topographic quadrangle,
and circle the location of the stream reach under evaluation. If multiple stream reaches will be evaluated on the same property, identify and
number all reaches on the attached map, and include a separate form for each reach. See the NC SAM User Manual for detailed descriptions
and explanations of requested information. Record in the "Notes/Sketch" section if supplementary measurements were performed. See the
NC SAM User Manual for examples of additional measurements that may be relevant.
NOTE EVIDENCE OF STRESSORS AFFECTING THE ASSESSMENT AREA (do not need to be within the assessment area).
PROJECT/SITE INFORMATION:
1. Project name (if any): Barneswood Village (Nations Ford)
3. Applicant/owner name: Gvest Capital LLC
5. County: Mecklenburg
7. River basin: Catawba
2. Date of evaluation: 08/20/2021
4. Assessor name/organization: Perry Isner / W&W, Inc.
6. Nearest named water body
on USGS 7.5-minute quad: Sugar Creek
8. Site coordinates (decimal degrees, at lower end of assessment reach): 35.15263-80.89988
STREAM INFORMATION: (depth and width can be approximations)
9. Site number (show on attached map): B1 (Impact S1) 10. Length of assessment reach evaluated (feet): 125
11. Channel depth from bed (in riffle, if present) to top of bank (feet): 2 ❑Unable to assess channel dep
12. Channel width at top of bank (feet): 13. Is assessment reach a swamp steam? ❑Yes ❑No
14. Feature type: ®Perennial flow ❑Intermittent flow ❑Tidal Marsh Stream
STREAM CATEGORY INFORMATION:
15. NC SAM Zone: ❑ Mountains (M) ® Piedmont (P) ❑ Inner Coastal Plain (1) ❑ Outer Coastal Plain (0)
16. Estimated geomorphic ❑A ®B
valley shape (skip for
Tidal Marsh Stream): (more sinuous stream, flatter valley slope) (less sinuous stream, steeper valley slope)
17. Watershed size: (skip ®Size 1 (< 0.1 mi2) ❑Size 2 (0.1 to < 0.5 mil) ❑Size 3 (0.5 to < 5 mil) ❑Size 4 (>_ 5 mil)
for Tidal Marsh Stream)
ADDITIONAL INFORMATION:
18. Were regulatory considerations evaluated? ®Yes ❑No If Yes, check all that apply to the assessment area.
❑Section 10 water ❑Classified Trout Waters ❑Water Supply Watershed (❑l ❑II ❑III ❑IV ❑V)
❑Essential Fish Habitat ❑Primary Nursery Area ❑ High Quality Waters/Outstanding Resource Waters
❑Publicly owned property ❑NCDWR Riparian buffer rule in effect ❑Nutrient Sensitive Waters
❑Anadromous fish ❑303(d) List ❑CAMA Area of Environmental Concern (AEC)
❑Documented presence of a federal and/or state listed protected species within the assessment area.
List species:
❑Designated Critical Habitat (list species)
19. Are additional stream information/supplementary measurements included in "Notes/Sketch" section or attached? ❑Yes ®No
1. Channel Water- assessment reach metric (skip for Size 1 streams and Tidal Marsh Streams)
®A Water throughout assessment reach.
❑B No flow, water in pools only.
❑C No water in assessment reach.
2. Evidence of Flow Restriction - assessment reach metric
❑A At least 10% of assessment reach in -stream habitat or riffle -pool sequence is severely affected by a flow restriction or fill to the
point of obstructing flow or a channel choked with aquatic macrophytes or ponded water or impoundment on flood or ebb within
the assessment reach (examples: undersized or perched culverts, causeways that constrict the channel, tidal gates, debris jams,
beaver dams).
®B Not
3. Feature Pattern - assessment reach metric
❑A A majority of the assessment reach has altered pattern (examples: straightening, modification above or below culvert).
®B Not
4. Feature Longitudinal Profile - assessment reach metric
®A Majority of assessment reach has a substantially altered stream profile (examples: channel down -cutting, existing damming, over
widening, active aggradation, dredging, and excavation where appropriate channel profile has not reformed from any of these
disturbances).
❑B Not
5. Signs of Active Instability - assessment reach metric
Consider only current instability, not past events from which the stream has currently recovered. Examples of instability include
active bank failure, active channel down -cutting (head -cut), active widening, and artificial hardening (such as concrete, gabion, rip -rap).
❑A < 10% of channel unstable
❑B 10 to 25% of channel unstable
®C > 25% of channel unstable

6. Streamside Area Interaction — streamside area metric
Consider for the Left Bank (LB) and the Right Bank (RB).
LB RB
❑A ❑A Little or no evidence of conditions that adversely affect reference interaction
❑B ❑B Moderate evidence of conditions (examples: berms, levees, down -cutting, aggradation, dredging) that adversely affect
reference interaction (examples: limited streamside area access, disruption of flood flows through streamside area, leaky
or intermittent bulkheads, causeways with floodplain constriction, minor ditching [including mosquito ditching])
®C ®C Extensive evidence of conditions that adversely affect reference interaction (little to no floodplain/intertidal zone access
[examples: causeways with floodplain and channel constriction, bulkheads, retaining walls, fill, stream incision, disruption
of flood flows through streamside area] or too much floodplain/intertidal zone access [examples: impoundments, intensive
mosquito ditching]) or floodplain/intertidal zone unnaturally absent or assessment reach is a man-made feature on an
interstream divide
Water Quality Stressors — assessment reach/intertidal zone metric
Check all that apply.
❑A Discolored water in stream or intertidal zone (milky white, blue, unnatural water discoloration, oil sheen, stream foam)
®B Excessive sedimentation (burying of stream features or intertidal zone)
❑C Noticeable evidence of pollutant discharges entering the assessment reach and causing a water quality problem
❑D Odor (not including natural sulfide odors)
❑E Current published or collected data indicating degraded water quality in the assessment reach. Cite source in "Notes/Sketch"
section.
❑F Livestock with access to stream or intertidal zone
❑G Excessive algae in stream or intertidal zone
❑H Degraded marsh vegetation in the intertidal zone (removal, burning, regular mowing, destruction, etc)
❑I Other: (explain in "Notes/Sketch" section)
❑J Little to no stressors
8. Recent Weather — watershed metric (skip for Tidal Marsh Streams)
For Size 1 or 2 streams, D1 drought or higher is considered a drought; for Size 3 or 4 streams, D2 drought or higher is considered a drought.
❑A Drought conditions and no rainfall or rainfall not exceeding 1 inch within the last 48 hours
❑B Drought conditions and rainfall exceeding 1 inch within the last 48 hours
®C No drought conditions
9. Large or Dangerous Stream — assessment reach metric
❑Yes ®No Is stream is too large or dangerous to assess? If Yes, skip to Metric 13 (Streamside Area Ground Surface Condition).
10. Natural In -stream Habitat Types — assessment reach metric
10a. ❑Yes ®No Degraded in -stream habitat over majority of the assessment reach (examples of stressors include excessive
sedimentation, mining, excavation, in -stream hardening [for example, rip -rap], recent dredging, and snagging)
(evaluate for Size 4 Coastal Plain streams only, then skip to Metric 12)
10b. Check all that occur (occurs if > 5% coverage of assessment reach)
(skip for Size 4 Coastal Plain streams)
❑A
Multiple aquatic macrophytes and aquatic mosses
F, W
❑F
5% oysters or other natural hard bottoms
(include liverworts, lichens, and algal mats)
2 E
❑G
Submerged aquatic vegetation
❑B
Multiple sticks and/or leaf packs and/or emergent
o w
U)C
❑H
Low -tide refugia (pools)
vegetation
Y
❑I
Sand bottom
❑C
Multiple snags and logs (including lap trees)
r
❑J
5% vertical bank along the marsh
❑D
5% undercut banks and/or root mats and/or roots
0 2
❑K
Little or no habitat
in banks extend to the normal wetted perimeter
®E
Little or no habitat
*********************************REMAINING QUESTIONS ARE NOT APPLICABLE FOR TIDAL MARSH STREAMS****************************
11. Bedform and Substrate —assessment reach metric (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams)
11a. ❑Yes ®No Is assessment reach in a natural sand -bed stream? (skip for Coastal Plain streams)
11 b. Bedform evaluated. Check the appropriate box(es).
®A Riffle -run section (evaluate 11c)
❑B Pool -glide section (evaluate 11d)
❑C Natural bedform absent (skip to Metric 12, Aquatic Life)
11 c. In riffle sections, check all that occur below the normal wetted perimeter of the assessment reach — whether or not submerged. Check
at least one box in each row (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams). Not Present (NP) = absent, Rare
(R) = present but < 10%, Common (C) _ > 10-40%, Abundant (A) _ > 40-70%, Predominant (P) _ > 70%. Cumulative percentages
should not exceed 100% for each assessment reach.
NP R C A P
® ❑ ❑ ❑ ❑ Bedrock/saprolite
® ❑ ❑ ❑ ❑ Boulder (256 — 4096 mm)
❑ ® ❑ ❑ ❑ Cobble (64 — 256 mm)
❑ ® ❑ ❑ ❑ Gravel (2 — 64 mm)
❑ ❑ ® ❑ ❑ Sand (.062 — 2 mm)
❑ ❑ ® ❑ ❑ Silt/clay (< 0.062 mm)
® ❑ ❑ ❑ ❑ Detritus
® ❑ ❑ ❑ ❑ Artificial (rip -rap, concrete, etc.)
11d. ❑Yes ❑No Are pools filled with sediment? (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams)

12
Aquatic Life — assessment reach metric (skip for Tidal Marsh Streams)
12a. ®Yes ❑No Was an in -stream aquatic life assessment performed as described in the User Manual?
If No, select one of the following reasons and skip to Metric 13. ❑No Water ❑Other:
12b. ®Yes ❑No Are aquatic organisms present in the assessment reach (look in riffles, pools, then snags)? If Yes, check all that
apply. If No, skip to Metric 13.
1 >1 Numbers over columns refer to "individuals" for Size 1 and 2 streams and "taxa" for Size 3 and 4 streams.
® ❑Adult frogs
❑ ❑Aquatic reptiles
❑ ❑Aquatic macrophytes and aquatic mosses (include liverworts, lichens, and algal mats)
❑ ❑Beetles
❑ ❑Caddisfly larvae (T)
❑ ®Asian clam (Corbicula)
❑ ❑Crustacean (isopod/amphipod/crayfish/shrimp)
❑ ❑Damselfly and dragonfly larvae
❑ ❑Dipterans
❑ ❑Mayfly larvae (E)
❑ ❑Megaloptera (alderfly, fishfly, dobsonfly larvae)
❑ ❑Midges/mosquito larvae
❑ ❑Mosquito fish (Gambusia) or mud minnows (Umbra pygmaea)
❑ ❑Mussels/Clams (not Corbicula)
❑ ❑Other fish
❑ ❑ Sal amanders/tadpoles
❑ ❑Snails
❑ ❑Stonefly larvae (P)
❑ ❑Tipulid larvae
® ❑Worms/leeches
13. Streamside Area Ground Surface Condition — streamside area metric (skip for Tidal Marsh Streams and B valley types)
Consider for the Left Bank (LB) and the Right Bank (RB). Consider storage capacity with regard to both overbank flow and upland runoff.
LB RB
❑A ❑A Little or no alteration to water storage capacity over a majority of the streamside area
®B ®B Moderate alteration to water storage capacity over a majority of the streamside area
❑C ❑C Severe alteration to water storage capacity over a majority of the streamside area (examples: ditches, fill, soil compaction,
livestock disturbance, buildings, man-made levees, drainage pipes)
14. Streamside Area Water Storage — streamside area metric (skip for Size 1 streams, Tidal Marsh Streams, and B valley types)
Consider for the Left Bank (LB) and the Right Bank (RB) of the streamside area.
LB RB
❑A ❑A Majority of streamside area with depressions able to pond water >_ 6 inches deep
❑B ❑B Majority of streamside area with depressions able to pond water 3 to 6 inches deep
®C ®C Majority of streamside area with depressions able to pond water < 3 inches deep
15. Wetland Presence — streamside area metric (skip for Tidal Marsh Streams)
Consider for the Left Bank (LB) and the Right Bank (RB). Do not consider wetlands outside of the streamside area or within the normal
wetted perimeter of assessment reach.
LB RB
❑Y ❑Y Are wetlands present in the streamside area?
®N ®N
16. Baseflow Contributors — assessment reach metric (skip for Size 4 streams and Tidal Marsh Streams)
Check all contributors within the assessment reach or within view of and draining to the assessment reach.
❑A Streams and/or springs (jurisdictional discharges)
❑B Ponds (include wet detention basins; do not include sediment basins or dry detention basins)
❑C Obstruction passing flow during low -flow periods within the assessment area (beaver dam, leaky dam, bottom -release dam, weir)
❑D Evidence of bank seepage or sweating (iron in water indicates seepage)
®E Stream bed or bank soil reduced (dig through deposited sediment if present)
❑F None of the above
17. Baseflow Detractors — assessment area metric (skip for Tidal Marsh Streams)
Check all that apply.
❑A Evidence of substantial water withdrawals from the assessment reach (includes areas excavated for pump installation)
❑B Obstruction not passing flow during low -flow periods affecting the assessment reach (ex: watertight dam, sediment deposit)
®C Urban stream (>_ 24% impervious surface for watershed)
❑D Evidence that the streamside area has been modified resulting in accelerated drainage into the assessment reach
❑E Assessment reach relocated to valley edge
❑F None of the above
18. Shading — assessment reach metric (skip for Tidal Marsh Streams)
Consider aspect. Consider "leaf -on" condition.
®A Stream shading is appropriate for stream category (may include gaps associated with natural processes)
❑B Degraded (example: scattered trees)
❑C Stream shading is gone or largely absent

19. Buffer Width — streamside area metric (skip for Tidal Marsh Streams)
Consider "vegetated buffer" and "wooded buffer" separately for left bank (LB) and right bank (RB) starting at the top of bank out
to the first break.
Vegetated Wooded
LB RB LB RB
®A ®A ®A ®A >_ 100 feet wide or extends to the edge of the watershed
❑B ❑B ❑B ❑B From 50 to < 100 feet wide
❑C ❑C ❑C ❑C From 30 to < 50 feet wide
❑D ❑D ❑D ❑D From 10 to < 30 feet wide
❑E ❑E ❑E ❑E < 10 feet wide or no trees
20. Buffer Structure — streamside area metric (skip for Tidal Marsh Streams)
Consider for left bank (LB) and right bank (RB) for Metric 19 ("Vegetated" Buffer Width).
LB RB
®A ®A Mature forest
❑B ❑B Non -mature woody vegetation or modified vegetation structure
❑C ❑C Herbaceous vegetation with or without a strip of trees < 10 feet wide
❑D ❑D Maintained shrubs
❑E ❑E Little or no vegetation
21. Buffer Stressors — streamside area metric (skip for Tidal Marsh Streams)
Check all appropriate boxes for left bank (LB) and right bank (RB). Indicate if listed stressor abuts stream (Abuts), does not abut but is
within 30 feet of stream (< 30 feet), or is between 30 to 50 feet of stream (30-50 feet).
If none of the following stressors occurs on either bank, check here and skip to Metric 22:
Abuts < 30 feet 30-50 feet
LB RB LB RB LB RB
❑A ❑A ❑A ❑A ❑A ❑A Row crops
❑B ❑B ❑B ❑B ❑B ❑B Maintained turf
❑C ❑C ❑C ❑C ❑C ❑C Pasture (no livestock)/commercial horticulture
❑D ❑D ❑D ❑D ❑D ❑D Pasture (active livestock use)
22. Stem Density — streamside area metric (skip for Tidal Marsh Streams)
Consider for left bank (LB) and right bank (RB) for Metric 19 ("Wooded" Buffer Width).
LB RB
®A ®A Medium to high stem density
❑B ❑B Low stem density
❑C ❑C No wooded riparian buffer or predominantly herbaceous species or bare ground
23. Continuity of Vegetated Buffer — streamside area metric (skip for Tidal Marsh Streams)
Consider whether vegetated buffer is continuous along stream (parallel). Breaks are areas lacking vegetation > 10 feet wide.
LB RB
®A ®A The total length of buffer breaks is < 25 percent.
❑B ❑B The total length of buffer breaks is between 25 and 50 percent.
❑C ❑C The total length of buffer breaks is > 50 percent.
24. Vegetative Composition — streamside area metric (skip for Tidal Marsh Streams)
Evaluate the dominant vegetation within 100 feet of each bank or to the edge of the watershed (whichever comes first) as it contributes to
assessment reach habitat.
LB RB
❑A ❑A Vegetation is close to undisturbed in species present and their proportions. Lower strata composed of native species,
with non-native invasive species absent or sparse.
®B ®B Vegetation indicates disturbance in terms of species diversity or proportions, but is still largely composed of native
species. This may include communities of weedy native species that develop after clear -cutting or clearing or
communities with non-native invasive species present, but not dominant, over a large portion of the expected strata or
communities missing understory but retaining canopy trees.
❑C ❑C Vegetation is severely disturbed in terms of species diversity or proportions. Mature canopy is absent or communities
with non-native invasive species dominant over a large portion of expected strata or communities composed of planted
stands of non -characteristic species or communities inappropriately composed of a single species or no vegetation.
25. Conductivity — assessment reach metric (skip for all Coastal Plain streams)
25a. ❑Yes ®No Was conductivity measurement recorded?
If No, select one of the following reasons. ❑No Water ❑Other:
25b. Check the box corresponding to the conductivity measurement (units of microsiemens per centimeter).
❑A < 46 ❑B 46 to < 67 ❑C 67 to < 79 ❑D 79 to < 230 ❑E >_ 230
Notes/Sketch:

Draft NC SAM Stream Rating Sheet
Accompanies User Manual Version 2.1
Stream Site Name Barneswood Village Date of Assessment
08/20/2021
(Nations Ford)
Stream Category Pb1 Assessor Name/Organization
Perry Isner / W&W, Inc.
Notes of Field Assessment Form (Y/N)
NO
Presence of regulatory considerations (Y/N)
NO
Additional stream information/supplementary measurements included (Y/N)
NO
NC SAM feature type (perennial, intermittent, Tidal Marsh Stream)
Perennial
USACE/ NCDWR
Function Class Rating Summary All
Streams Intermittent
(1) Hydrology
LOW
(2) Baseflow
MEDIUM
(2) Flood Flow
LOW
(3) Streamside Area Attenuation
LOW
(4) Floodplain Access
LOW
(4) Wooded Riparian Buffer
HIGH
(4) Microtopography
NA
(3) Stream Stability
LOW
(4) Channel Stability
LOW
(4) Sediment Transport
LOW
(4) Stream Geomorphology
MEDIUM
(2) Stream/Intertidal Zone Interaction
NA
(2) Longitudinal Tidal Flow
NA
(2) Tidal Marsh Stream Stability
NA
(3) Tidal Marsh Channel Stability
NA
(3) Tidal Marsh Stream Geomorphology
NA
(1) Water Quality
LOW
(2) Baseflow
MEDIUM
(2) Streamside Area Vegetation
HIGH
(3) Upland Pollutant Filtration
HIGH
(3) Thermoregulation
HIGH
(2) Indicators of Stressors
YES
(2) Aquatic Life Tolerance
LOW
(2) Intertidal Zone Filtration
NA
(1) Habitat
MEDIUM
(2) In -stream Habitat
LOW
(3) Baseflow
MEDIUM
(3) Substrate
LOW
(3) Stream Stability
LOW
(3) In -stream Habitat
LOW
(2) Stream -side Habitat
HIGH
(3) Stream -side Habitat
MEDIUM
(3) Thermoregulation
HIGH
(2) Tidal Marsh In -stream Habitat
NA
(3) Flow Restriction
NA
(3) Tidal Marsh Stream Stability
NA
(4) Tidal Marsh Channel Stability
NA
(4) Tidal Marsh Stream Geomorphology
NA
(3) Tidal Marsh In -stream Habitat
NA
(2) Intertidal Zone
NA
Overall LOW

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
TIM BAUMGARTNER
Director
Richard Gee
Gvest Capital LLC
136 Main Street
Pineville, INC 28134
Project: Barneswood Village NWP14
NORTH CAROLINA
Environmental Quality
August 18, 2021
Expiration of Acceptance: 2/18/2022
County: Mecklenburg
The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to
accept payment for compensatory mitigation for impacts associated with the above referenced project as
indicated in the table below. Please note that this decision does not assure that participation in the DMS in -
lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts.
It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will
be approved. You must also comply with all other state, federal or local government permits, regulations or
authorizations associated with the proposed activity including G.S. § 143-214.11.
This acceptance is valid for six months from the date of this letter and is not transferable. If we have not
received a copy of the issued 404 Permit/401 Certification within this time frame, this acceptance will
expire. It is the applicant's responsibility to send copies of the permits to DMS. Once DMS receives a copy
of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must
be made prior to conducting the authorized work. The amount of the in -lieu fee to be paid by an applicant is
calculated based upon the Fee Schedule and policies listed on the DMS website.
Based on the information supplied by you in your request to use the DMS, the impacts for which you are
requesting compensatory mitigation credit are summarized in the following table. The amount of mitigation
required and assigned to DMS for this impact is determined by permitting agencies and may exceed the
impact amounts shown below.
River Basin
Impact Location
8-di it HUC
Impact Type
Impact Quantity
Catawba
03050103
Warm Stream
258
*DMS proposes to utilize the Catawba 03 Expanded Service Area to meet the mitigation requirement.
Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The
mitigation will be performed in accordance with the In -Lieu Fee Program instrument dated July 28, 2010.
Thank you for your interest in the DMS in -lieu fee mitigation program. If you have any questions or need
additional information, please contact [e-mail].
Sincerely,
Av�t_�4�
FOR James. B Stanfill
Asset Management Supervisor
cc: Perry Isner, agent
R
Q,15`
North Carolina Department of Environmental Quality I Division of Mitigation Services
217 West Jones Street 11652 Mail Service Center I Raleigh, North Carolina 27699-1652
NORTH C+ QLINA
oaw mm�n�m.�no..i` /"� 919.707,8976

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
TIM BAUMGARTNER
Director
Richard Gee
Gvest Capital LLC
136 Main Street
Pineville, INC 28134
Project: Barneswood Village NWP29
NORTH CAROLINA
Environmental Quality
August 18, 2021
Expiration of Acceptance: 2/18/2022
County: Mecklenburg
The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to
accept payment for compensatory mitigation for impacts associated with the above referenced project as
indicated in the table below. Please note that this decision does not assure that participation in the DMS in -
lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts.
It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will
be approved. You must also comply with all other state, federal or local government permits, regulations or
authorizations associated with the proposed activity including G.S. § 143-214.11.
This acceptance is valid for six months from the date of this letter and is not transferable. If we have not
received a copy of the issued 404 Permit/401 Certification within this time frame, this acceptance will
expire. It is the applicant's responsibility to send copies of the permits to DMS. Once DMS receives a copy
of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must
be made prior to conducting the authorized work. The amount of the in -lieu fee to be paid by an applicant is
calculated based upon the Fee Schedule and policies listed on the DMS website.
Based on the information supplied by you in your request to use the DMS, the impacts for which you are
requesting compensatory mitigation credit are summarized in the following table. The amount of mitigation
required and assigned to DMS for this impact is determined by permitting agencies and may exceed the
impact amounts shown below.
River Basin
Impact Location
8-di it HUC
Impact Type
Impact Quantity
Catawba
03050103
Warm Stream
58
*DMS proposes to utilize the Catawba 03 Expanded Service Area to meet the mitigation requirement.
Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The
mitigation will be performed in accordance with the In -Lieu Fee Program instrument dated July 28, 2010.
Thank you for your interest in the DMS in -lieu fee mitigation program. If you have any questions or need
additional information, please contact [e-mail].
Sincerely, n /
wi t_ `ic�CgrYltia
FOR James. B Stanfill
Asset Management Supervisor
cc: Perry Isner, agent
R
Q,15`
North Carolina Department of Environmental Quality I Division of Mitigation Services
217 West Jones Street 11652 Mail Service Center I Raleigh, North Carolina 27699-1652
NORTH C+ QLINA
oaw mm�n�m.�no..i` /"� 919.707,8976

WETLANDS
.�,48, WATERS7 INC.
Kevin Summerville
NVR, Inc.
10710 Sikes Place, Suite 200
Charlotte, NC 28277
RE: Threatened and Endangered Species Evaluation
Nations Ford Road Site
Charlotte, Mecklenburg County, NC
PINS: 16712105, 16712107, 16712108
Mr. Summerville,
October 23, 2020
Wetlands & Waters, Inc. (W&W) has completed a cursory evaluation of the above referenced property
assemblage (hereafter referred to as "review area") for the purposes of determining the presence or
absence of Federal threatened and endangered species and the presence of suitable habitat for those
species. Evaluation of the review area included a desktop review for known species and critical habitat
occurrences within or in close proximity to the project area, field reviews of known extant populations of
rare species prior to onsite field surveys, and onsite field surveys designed to evaluate potentially suitable
habitat and occurrences of species known to exist in Mecklenburg County. This report may be used by the
U.S. Army Corps of Engineers (or other Lead Federal Agency) to determine if additional coordination
will be required with the U.S. Fish and Wildlife Service under the Endangered Species Act.
The review area is located near Nations Ford Road in Charlotte, NC. Figure 1 depicts the review area for
the purpose of this report.
All potentially suitable habitat for Federal listed species known to occur in Mecklenburg County was
evaluated for species occurrences. Field surveys were performed on October 15, 2020. Photographs
documenting reference populations (if applicable) and existing site conditions are included in Attachment
A. No Federal threatened or endangered species were identified in the review area, and no designated
Critical Habitat occurs within the review area. The following report details the resources and
methodologies used to make this determination.
References and Pre -Survey Protocol
W&W referenced the U.S. Fish & Wildlife Service (USFWS) list of Endangered, Threatened, and
Candidate Species known to occur in Mecklenburg County, NC (Table 1) and utilized the USFWS
Information for Planning and Consultation (IPaQ system to generate an official species list (Attachment
B) to identify threatened and endangered species and proposed and final designated critical habitat that
may occur within the review area and/or may be affected by a proposed development within the review
area. Additionally, the North Carolina Natural Heritage Program (NCNHP) database (Attachment C) was
consulted to identify natural heritage resources for the review area. Collectively, these resources were
used to develop limiting criteria for the field evaluation.
Wetlands & Waters, Inc.
WETLAND AND ENVIRONMENTAL CONSULTANTS

WETLANDS
lq4y8ac WATERS? INC.
Table 1
Endangered (E) and Threatened (T) Species in Mecklenburg Countv, North Carolina
Species
Federal
Status
Record Status
Common Name
Scientific Name
Bald Eagle
Haliaeetus leucocephalus
BGPA'
Current'
Northern Long -Eared Bat
Myotis septentrionalis
T
Probable/Potential
Carolina Heelsplitter
Lasmigona decorata
E
Current
Rusty -Patched Bumble
Bee
Bombus affinis
E
Historical'
Michaux's Sumac
Rhus michauxii
E
Current
Schweinitz's Sunflower
Hehanthus schweinitzii
E
Current
Smooth Coneflower
Echinacea laevigata
E
Current
Prior to conducting field evaluations, W&W staff review USFWS published data to validate diagnostic
characteristics for the species. When practical, known populations of Federal threatened and endangered
species are referenced in a non -intrusive manner for confirmation of seasonal growth progress, diagnostic
features, and behavioral characteristics.
Species and Habitat Descriptions
Following are abbreviated habitat descriptions of species with federal protection listed by USFWS as
potentially occurring in Mecklenburg County, NC. Additional species fact sheets are available at the
client's request.
Bald Eagle (Haliaeetus leucocephalus)
Bald Eagles require consistent food sources, perching areas, and nesting sites to survive. Their habitat
includes estuaries, large lakes such as Lake Norman and Lake Wylie, reservoirs, rivers such as the
Catawba River, and some coastal areas where there are suitable fish populations to provide a food source.
Nests are typically located in larger trees of a wooded area where open views of the surrounding area are
ample.
Northern Long -Eared Bat (Myotis septentrionahs)
Northern Long -Eared Bats are medium sized, with dark brown coloring on the back and tawny on the
underside. The species roosts during summer months singly or in colonies in live or dead trees (e.g. tree
bark, cavities), caves, mines, and infrequently in man-made structures such as barns or sheds, and
hibernates during winter months in caves and mines where temperatures are constant and air currents are
minimal.
Carolina Heelsplitter (Lasmigona decorata)
The Carolina Heelsplitter is a freshwater mussel species that generally requires well shaded areas of
stable, relatively clean, silt -free perennial stream systems for suitable habitat. Poor water quality and
degraded habitat conditions have severely impacted the known range of the Carolina Heelsplitter, as the
Bald and Golden Eagle Protection Act (BGPA).
Current record status indicates the species has been observed in the county within the last 50 years.
s Based on NC NHP information, this taxon is considered to be historical in the county, meaning that all recorded occurrences are either
extirpated, have not been found in recent surveys, or have not been surveyed recently enough to be confident that they are still present
Wetlands & Waters, Inc.
WETLAND AND ENVIRONMENTAL CONSULTANTS

WETLANDS
.�,48, WATERS7 INC.
species is known to be extremely sensitive to many pollutants common to wastewater effluent and
stormwater runoff in urbanized areas.
Rusty -Patched Bumble Bee (Bombus affinis)
The Rusty -Patched Bumble Bee are seen in areas that provide nectar and pollen from flowering plants,
nesting opportunity underground or in other clumped debris, and overwintering sites for hibernation
where soils remain undisturbed. The long flight season of the Rusty -Patched Bumble Bee, from March or
April through October, require that the species have access to diverse flowering plants that can provide
nectar and pollen throughout this period. The species typically forages within 0.6 miles of their nests,
which are commonly associated with areas that contain natural and semi -natural upland grassland,
shrubland, woodlands, and forests.
Michaux's Sumac (Rhus michauxii)
Michaux's Sumac grows in sandy or rocky open woods areas in association with basic soils, where land
disturbance has provided an open area, such as in utility or transportation rights -of -way. Periodic fire is
required as part of this species' ecology.
Schweinitz's Sunflower L ehanthus schweinitzii)
Schweinitz's Sunflower occurs in open areas that provide full to partial sun and that typically host poor
soils. As with Michaux's Sumac, Schweinitz's Sunflower is associated with areas that have experienced
land disturbance, where canopy openings provide sunlight and competition from other herbaceous and
woody vine species is minimal. The species is most abundant in unforested, permanently maintained
openings with soils that often are shallow with exposed boulders and bedrock.
Smooth Coneflower (Echinacea laevi a�ta)
The Smooth Coneflower is found in Piedmont regions of the US and is typically associated with areas
receiving full sunlight with calcium and magnesium rich soils. The species is found in open woods, cedar
barrens, roadsides, clear cuts, and powerline rights -of -way, where competition from other herbaceous and
woody vine species is minimal.
Findings
The review area is comprised of primarily forested, vacant lands with the western portion being bounded
by Sugar Creek. An existing sanitary sewer easement is present east of Sugar Creek, running parallel to
the review area boundary. Aquatic resources in the review area include previously delineated tributaries
and wetlands.
The report generated by the NC NHP database indicates there are records for a historic occurrence of a
federally protected species within the review area, the Carolina Heelsplitter. This record is dated from
1918 and is not likely to reflect current conditions for this species. Based on site surveys and review of
available data, W&W did not identify occurrences of Federal threatened or endangered species in the
review area. Following are species -specific survey results.
Bald Eagle: The review area and general vicinity lack suitable habitat for the Bald Eagle. No
occurrences of the species or nests were observed during the field review.
• Northern Long -Eared Bat: Forested portions of the site may provide suitable summer roosting
habitat for the Northern Long -Eared Bat; however, as confirmed hibernation and maternity sites
Wetlands & Waters, Inc.
WETLAND AND ENVIRONMENTAL CONSULTANTS

WETLANDS
lq4y8ac WATERS? INC.
for this species currently exclude Mecklenburg County, it is possible that potential future project
plans may qualify for exemption criteria under the Final 4(d) rule. W&W did not observe
occurrences of the species during the field review.
Carolina Heelsplitter: Although a tributary with a perennial flow regime (Sugar Creek) exists in
the western portion of the review area and contains a historic occurrence of the Carolina
Heelsplitter, frequent sedimentation and pollutant runoff from nearby impervious development
within the watershed severely reduce the suitability of the tributary to support the species.
Additionally, the review area lies outside of the designated critical habitat for this species. W&W
did not observe occurrences of the species during the field review.
• Rusty -Patched Bumble Bee: The domination of the review area by forested landcover likely
preclude the establishment of this species within the review area. W&W did not observe evidence
of established nests or occurrences of the species during the field review.
Michaux's Sumac: Only the existing sanitary sewer easement provides the infrequently but
regularly maintained habitat types consistent with those necessary for the survival and
propagation of Michaux's Sumac, although lack of recent fire events within the region and the
floodplain landscape position of this easement minimize the potential suitability for Michaux's
Sumac. All possible habitat for Michaux's Sumac was evaluated for occurrences of the species.
W&W did not discover any previously unknown populations of the species within the review
area.
Schweinitz's Sunflower: Only the existing sanitary sewer easement provides the infrequently but
regularly maintained habitat types consistent with those necessary for the survival and
propagation of Schweinitz's Sunflower, although soil types present within the floodplain
landscape position of this easement minimize the potential suitability for Schweinitz's Sunflower.
W&W observed reference populations of Schweinitz's Sunflower on August 17, 2020 and
August 27, 2020 to confirm regional growth patterns. All possible habitat for Schweinitz's
Sunflower was evaluated for occurrences of the species. W&W did not discover any previously
unknown populations of the species within the review area.
Smooth Coneflower: W&W assessed small canopy openings within the forested areas and utility
right-of-way areas where full- to partial -sunlight may provide potential for species survival. Site
conditions and management activities lack a viable vegetation and soils disturbance regimen to
support species growth. Areas where land management are less frequent, such as roadside ditches,
contain thick herbaceous growth of competing species. W&W evaluated all possible habitat for
the Smooth Coneflower but did not observe occurrences of the species during the field review.
Recommendations
Should future project plans necessitate impacts to Clean Water Act Section 404 regulated features or
acquisition of a federal permit from another agency, W&W recommends coordination with the lead
federal agency or, under some circumstances, USFWS, to determine if additional surveys for Federal
threatened and endangered species may be required. A document provided by the regional USFWS office
identifies the Optimal Survey Window and number of years a survey is valid for plant species with state
and federal protections in North Carolina (Attachment D). Note that recent practices by the regional
Wetlands & Waters, Inc.
WETLAND AND ENVIRONMENTAL CONSULTANTS

WETLANDS
.�,48, WATERS7 INC.
USFWS office has indicated that surveys conducted for Schweinitz's Sunflower outside of the Optimal
Survey Window are insufficient, which has the potential to result in significant project delays if a federal
permit is required for project -related impacts. W&W can assist with determining an effective strategy to
address potential permitting issues and efficient timing.
This concludes W&W's assessment of the presence or absence of Federal threatened and endangered
species and the presence of suitable habitat for those species. Should you require more information
regarding the results of our evaluation, please do not hesitate to contact us.
Sincerely,
Perry Isner
704.773.4239
Wetlands & Waters, Inc.
WETLAND AND ENVIRONMENTAL CONSULTANTS

Attachment A
Photo Log

DIRECTION 35.36349°N ACCURACY 41 ft
225 deg(T) 080.885580W DATUM WGS84
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35.14946'N 080.91239°W t 80 ft wG584 35.14948'N 080.91237°W t 33 ft wGS84
157 deg(T), 582 ft, 2020-10--15 15:57:27-04:00 284 deg(T), 582 ft. 2020-10-15 15:57:22-04:00
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35.15167'N 080-91366'W ± 24 ft WGS84
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35-15044'N 080-91358'W ± 34 ft W6584
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35.15293'N 080.91377'W ± 16 ft WGS84
41 deg(T), 579 ft, 20.20-10-15 16:05t39-04:00
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Species Survey

35.15385°N 080.91290'w ± 65 ft wGS84 35.15444°N 080.912131w ± 67 ft WGS84
58 deg(i), 581 ft, 2020-10-15 16:07:28-04:00 70 deg(T), 580 ft, 2020-10-15 16:09:05-04:00
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Species Survey Species Survey
35.15470'N 080.91204°W ± 183 ft W6584
15 deg(r), 636 ft, 2020-10-15 16:10:08-04:00
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NVR, Nations Ford
Species Survey

Attachment B
U.S. Fish & Wildlife Service
Official Species LIst

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]
http://www.fws.gov/nc-es/es/couMfr.html
In Reply Refer To:
Consultation Code: 04EN1000-2021-SLI-0056
Event Code: 04EN1000-2021-E-00129
Project Name: Nations Ford
October 23, 2020
Subject: List of threatened and endangered species that may occur in your proposed project
location, and/or may be affected by your proposed project
To Whom It May Concern:
The attached species list identifies threatened, endangered, proposed and candidate species, as
well as proposed and final designated critical habitat, that may occur within the boundary of your
proposed project and/or may be affected by your proposed project. Although not required by
section 7, many agencies request species lists to start the informal consultation process and begin
their fulfillment of the requirements under section 7(c) of the Endangered Species Act (Act) of
1973, as amended (16 U.S.C. 1531 et seq.).
This list, along with other helpful resources, is also available on the U.S. Fish and Wildlife
Service (Service) Asheville Field Office's (AFO) website: https://www.fws.gov/raleigh/species/
cntylist/nc counties.html. The AFO website list includes "species of concern" species that could
potentially be placed on the federal list of threatened and endangered species in the future. Also
available are:
Design and Construction Recommendations
https://www.fws.gov/asheville/htmis/project review/Recommendations.html
Optimal Survey Times for Federally Listed Plants
https://www.fws.gov/nc-es/plant/plant survey.html
Northern long-eared bat Guidance
https://www.fws.gov/asheville/htmis/project review/NLEB in WNC.html
Predictive Habitat Model for Aquatic Species
https://www.fws.gov/asheville/htmls/Maxent/Maxent.html

10/23/2020 Event Code: 04EN1000-2021-E-00129
New information based on updated surveys, changes in the abundance and distribution of
species, changed habitat conditions, or other factors could require modifications of these lists.
Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act,
the accuracy of the species lists should be verified after 90 days. This verification can be
completed formally or informally as desired. The Service recommends that verification be
completed by visiting the ECOS-IPaC website or the AFO website (the AFO website dates each
county list with the day of the most recent update/change) at regular intervals during project
planning and implementation for updates to species lists and information. An updated list may be
requested through the ECOS-IPaC system by completing the same process used to receive the
enclosed list or by going to the AFO website.
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 is required for construction projects (or other undertakings having
similar physical impacts) that are major 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)). For projects other than major construction activities, the Service suggests that a Biological
Evaluation similar to a Biological Assessment be prepared to determine whether the project may
affect listed or proposed species and/or designated or proposed critical habitat. Recommended
contents of a Biological Assessment are described at 50 CFR 402.12 and on our office's website
at https://www.fws.gov/asheville/htmis/project review/assessment guidance.html.
If a Federal agency (or their non-federal representative) determines, based on the Biological
Assessment or Biological Evaluation, that 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. In addition, the Service recommends that candidate species, proposed species, and
proposed critical habitat be addressed within the consultation. More information on the
regulations and procedures for section 7 consultation, including the role of permit or license
applicants, can be found in the "Endangered Species Consultation Handbook" at: h=.//
www.fws.gov/endangered/esa-library/pdf/TOC-GLOS.PDF.
Though the bald eagle is no longer protected under the Endangered Species Act, please be aware
that bald and golden eagles are protected under the Bald and Golden Eagle Protection Act (16
U.S.C. 668 et seq.), and projects affecting these species may require additional consultation (see
https://www.fws.gov/southeast/our-services/permits/eagles/). Wind energy projects should follow
the wind energy guidelines (http://www.fws.gov/windenergy/) for minimizing impacts to
migratory birds (including bald and golden eagles) and bats.
Guidance for minimizing impacts to migratory birds for projects including communications
towers (e.g., cellular, digital television, radio, and emergency broadcast) can be found at: http://
www. fws. gov/migratorybirds/CurrentBirdlssues/Hazards/towers/towers.htm;

10/23/2020 Event Code: 04EN1000-2021-E-00129 3
http://www.towerkill.com; andhttp://www.fws.gov/migrator3birds/CurrentBirdlssues/Hazards/
towers/comtow.html.
We appreciate your concern for threatened and endangered species. The Service encourages
Federal agencies to include conservation of threatened and endangered species into their project
planning to further the purposes of the Act. Please include the Consultation Tracking Number in
the header of this letter with any request for consultation or correspondence about your project
that you submit to our office.
Attachment(s):
• Official Species List
• Migratory Birds
• Wetlands

10/23/2020 Event Code: 04EN1000-2021-E-00129
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]

10/23/2020 Event Code: 04EN1000-2021-E-00129 2
Project Summary
Consultation Code: 04EN1000-2021-SLI-0056
Event Code: 04EN1000-2021-E-00129
Project Name: Nations Ford
Project Type: DEVELOPMENT
Project Description: Due diligence
Project Location:
Approximate location of the project can be viewed in Google Maps: https:
www.google.com/maps/place/35.15224769728558N80.9103981197614W
Counties: Mecklenburg, NC

10/23/2020 Event Code: 04EN1000-2021-E-00129 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.
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
Northern Long-eared Bat Myotis septentrionalis
Threatened
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/9045
Clams
NAME
STATUS
Carolina Heelsplitter Lasmigona decorata
Endangered
There is final critical habitat for this species. Your location is outside the critical habitat.
Species profile: https:Hecos.fws.gov/ecp/species/3534

10/23/2020 Event Code: 04EN1000-2021-E-00129 4
Flowering Plants
NAM L- 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 Endangered
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/3473
Critical habitats
THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S
JURISDICTION.

10/23/2020 Event Code: 04EN1000-2021-E-00129
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 Treaty 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.
https:Hecos.fws.gov/ecp/species/1626
Blue -winged Warbler Vermivora pinus
Breeds May 1
This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions
to Jun 30
(BCRs) in the continental USA

10/23/2020
Event Code: 04EN1000-2021-E-00129
BREEDING
NAME 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
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA
and Alaska.
Rusty Blackbird Euphagus carolinus
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA
and Alaska.
Wood Thrush Hylocichla mustelina
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA
and Alaska.
Probability Of Presence Summary
Breeds May 10
to Sep 10
Breeds
elsewhere
Breeds May 10
to Aug 31
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 ( i)
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:
1. 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

10/23/2020 Event Code: 04EN1000-2021-E-00129
was found in 5 of them, the probability of presence of the Spotted Towhee in week 12 is
0.25.
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
Bald Eagle
1111 Rill lill lill 1111
4_11 16— V—
-1111111
Non -BCC Vulnerable
h111 �iii
Blue -winged
Warbler
+ +++ ++++ ++++ ++
—�� ++— —++— ---+ + ++
+ + +�� ++
BCC -BCR
tRuckya
de
++++ +++� ���— ++"
IIII
IIII
1111111—
+-- ­+ +­+ +—++
BCC ge (CO
Warbler
++++ ++++ ++++ +„�
""
""
11114-4-+—
—++— — 4- +--+ ++++
Brairie
(CON)

10/23/2020 Event Code: 04EN1000-2021-E-00129 4
SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
Prothonotary ++ +++— — — -- + — +�— —�—+ +��+ +—++
Warbler ++
BCC Rangewide (COI)
Woodpecker(CON)
++++ ++++—
' +++' +++� +— 4- +--+ +++
RangewideBCC '
Rusty Blackbird +"+ ++++ „++ ++++ ++—+ ++-- +++— —++— ---+ +'++'
BCC Rangewide (CON)
Wood Thrush ++++ ++++ ++++ ++'1 +""""''� ++- — 4-+—�+ ++++
IF BCC Rangewide (CO
Additional information can be found using the following links:
• Birds of Conservation Concern http://www.fws.gov/birds/management/managed-species/
birds-of-conservation-concern.php
• Measures for avoiding and minimizing impacts to birds http://www.fws.gov/birds/
management/project-assessment-tools-and-guidance/
conservation-measures.php
• Nationwide conservation measures for birds http://www.fws. ov/mi rato bry irds/pdf/
management/nationwidestandardconservationmeasures. 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 and/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 migratory birds potentially occurring in my specified
location?
The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern
BCC 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
warranting special attention because they are a BCC species in that area, an eagle (Eagle Act

10/23/2020 Event Code: 04EN1000-2021-E-00129
5
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 AKN Phenology 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, migrating or present year-round in my
project 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 refer to the following resources: The Cornell Lab
of Ornithology All About Birds Bird Guide, or (if you are unsuccessful in locating the bird of
interest there), the Cornell Lab of Ornithology Neotropical Birds guide. 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

10/23/2020 Event Code: 04EN1000-2021-E-00129 6
implement to help avoid and minimize migratory bird impacts and requirements for eagles,
please see the FAQs for these topics.
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 Lorin.
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.

10/23/2020 Event Code: 04EN1000-2021-E-00129
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.
FRESHWATER FORESTED/SHRUB WETLAND
• PF01A
• PF01C
RIVERINE
• R5UBH
• R2UBH

Attachment C
N.C. Natural Heritage Program Report

MEN Roy Cooper. Governor
•s ; NC DEPARTMENT OF Susi Hamilton, Secretary
■■ ■■ NATURAL AND CULTURAL RESOURCES
013
0 Walter Clark, director, Land and Water Stewardship
NCNHDE-12197
June 10. 2020
Meagan Jolly
Wetlands & Waters, Inc.
328 East Broad Street
Statesville, NC 28677
RE: Nations Ford Road
Dear Meagan Jolly:
The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide
information about natural heritage resources for the project referenced above.
A query of the NCNHP database indicates that there are records for rare species, important natural
communities, natural areas, and/or conservation/managed areas within the proposed project
boundary. These results are presented in the attached `Documented Occurrences' tables and map.
The attached `Potential Occurrences' table summarizes rare species and natural communities that
have been documented within a one -mile radius of the property boundary. The proximity of these
records suggests that these natural heritage elements may potentially be present in the project area
if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile
radius of the project area, if any, are also included in this report.
If a Federally -listed species is documented within the project area or indicated within a one -mile
radius of the project area, the NCNHP recommends contacting the US Fish and Wildlife Service
(USFWS) for guidance. Contact information for USFWS offices in North Carolina is found here:
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.
Also please note that the NC Natural Heritage Program may follow this letter with additional
correspondence if a Dedicated Nature Preserve, Registered Heritage Area, Clean Water
Management Trust Fund easement, or an occurrence of a Federally -listed species is documented
near the project area.
If you have questions regarding the information provided in this letter or need additional assistance,
please contact Rodney A. Butler at rod ney.butlerCo�ncdcr.aov or 919-707-8603.
Sincerely,
NC Natural Heritage Program
DEPAR7HEN7 OF NATURAL AND CULTURAL RESOURCES
121 W. JONES STREET. RALEIGH. NC 27603 • 1691 MAIL SERVICE CENTER. RALEIGH. NC 27609
OFC 919.707.9120 • FAX [phone]

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Attachment D
US Fish & Wildlife Service Optimal Survey
Windows for Protected Plant Species

OPTIMAL SURVEY WINDOWS AND NUMBER OF YEARS A SURVEY IS VALID FOR
NORTH CAROLINA'S FEDERALLY THREATENED, ENDANGERED, AND AT -RISK PLANT SPECIES
SCIENTIFIC NAME
COMMON NAME
STATUS
SURVEY WINDOW
YEARS SURVEY
IS VALID
Aeschynomene virginica
sensitive joint -vetch
T
July — October
1
Amaranthus pumilus
seabeach amaranth
T
July - October
(or before first tropical storm
that causes overwash)
1
Amorpha georgiana var.
georgiana
Georgia lead -plant
AIRS
late April —October
2
Cardamine micranthera
small-anthered
bittercress
E
April - May
1
Carex impressinervia
impressed -nerved sedge
AIRS
I April - May
2
Carex lutea
golden sedge
E
mid April - mid June
2
Dionaea muscipula
Venus flytrap
AIRS
late May —June
2
Echinacea laevigata
smooth coneflower
E
late May —October
2
Fimbristylisperpusilla
Harper'sfimbristylis
AIRS
July — September
2
Geum radiatum
spreading avens
E
I June — September
2
Gymnoderma lineare
rock gnome lichen
E
year round
2
Hedyotis purpurea var.
montana
Roan Mountain bluet
E
June —July
2
Helianthus schweinitzii
Schweinitz's sunflower
E
late August — October
2
Helonias bullata
swamp pink
T
I April — May
2
Hexastylis naniflora
dwarf -flowered heartleaf
T
March — May
2
Hudsonia montana
mountain golden heather
T
late May - early June
2
Isoetes microvela
thin -wall quillwort
AIRS
April —July
1
Isotria medeoloides
small whorled pogonia
T
mid May -early July
1
Liatris helleri
Heller's blazing star
T
July — September
2
Lindera melissifolia
pondberry
E
February — March;
September - October
2
Lindera subcoriacea
bog spicebush
AIRS
March - August
2
Lobelia boykinii
Boykin'sLobelia
AIRS
May —July
2
Ludwigia ravenii
Raven's seedbox
AIRS
June - October
2
Lysimachia asperulaefolia
rough -leaved loosestrife
E
mid May —September
2
Macbridea caroliniana
Carolina birds -in -a -nest
AIRS
July— November
2
Minuartia godfreyi
Godfrey's stitchwort
AIRS
April —June
2
Oxypolis canbyi
Canby's dropwort
E
mid July — September
2
Platanthera integrilabia
white fringeless orchid
T
I mid July - late August
2
Ptilimnium nodosum
harperella
E
July — early September
(during low water)
1
Rhus michauxii
Michaux's sumac
E
May — October
2
Rhynchospora crinipes
hairy-peduncled beakrush
AIRS
July — September
2
Rudbeckia heliopsidis
sun -facing coneflower
AIRS
July — September
2
Sagittaria fasciculata
bunched arrowhead
E
mid May —July
2
Sarracenia oreophila
green pitcher -plant
E
late April — October
2
Sarracenia purpurea var.
montana
mountain purple pitcher-
Iplant
AIRS
April —October
2
Sarracenia rubra ssp. jonesii
mountain sweet pitcher-
plant
E
April —October
2

SCIENTIFIC NAME
COMMON NAME
STATUS
SURVEY WINDOW
YEARS SURVEY
IS VALID
Schwalbea americana
American chaffseed
E
May - August
(1-2 months after a fire)
2
Sisyrinchium dichotomum
white irisette
E
late May —July
2
Solidago plumosa
Yadkin River goldenrod
CCA
September — October
2
Solidago spithamaea
Blue Ridge goldenrod
T
July — September
2
Symphyotrichum georgianum
Georgia aster
CCA
October- mid November
2
Spiraea virginiana
Virginia spiraea
T
May - early July
2
Sporobolus teretifolius
wire -leaved dropseed
AIRS
—SeptemberS
(following fire)
2
Thalictrum cooleyi
Cooley's meadowrue
E
mid June - early July
2
Tsuga caroliniana
lCarolina hemlock
AIRS
year round
1 2
STATUS KEY:
E - Federally endangered
T - Federally threatened
AIRS - Proposed for listing as threatened or endangered under the ESA, candidate species for listing, or petitioned by
a third party for listing. AIRS species listed above have "substantial" 90-day findings and are undergoing status
reviews (awaiting 12-month findings).
CCA - Species subject to a candidate conservation agreement.
OTHER NOTES:
These survey windows were determined from species recovery plans, field observations, herbaria specimens, and
NC Natural Heritage Program information. For additional information about these species, please visit the U.S. Fish
and Wildlife Service Asheville Field Office webpage at https://www.fws.gov/asheville/ or the Raleigh Field Office
webpage at https://www.fws.gov/raleigh/.
If suitable habitat for species is present in the proposed impact area, the U.S. Fish and Wildlife Service will likely
request species surveys, conducted by a qualified biologist, during the optimal survey window. Projects are
reviewed on a case -by -case basis and you are encouraged to contact a Section 7 coordinator early in the project
planning process. To discuss your project and survey requirements with a Section 7 coordinator, please contact the
Asheville Field Office at 828-258-3939 or the Raleigh Field Office at 919-856-4520
Version date: March 10, 2020