20220685 Ver 2_Research Park Phase 2 PCN_20230321

WEPG
Preliminary ORM Data Entry Fields for New Actions Wetlands and Environmental Planning Group
Leonard S. Rindner, PLLC.
SAW - 2021 - 01204 BEGIN DATE [Received Date]:
Prepare file folder ❑
Assign Action ID Number in ORM ❑
1. Project Name [PCN Form A2a]: Research Park Phase 2
2. Work Type: Private❑ Institutional ❑ Government ❑ Commercial ❑
3. Project Description / Purpose [PCN Form 133d and 133e]:
PCN request for residential development
4. Property Owner / Applicant [PCN Form A3 or A4]:
Greystar (Josh Glover)
5. Agent / Consultant [PCN Form A5 —or ORM Consultant ID Number]: WEPG, PLLC c/o Daniel Kuefler
6. Related Action ID Number(s) [PCN Form 135b]:
7. Project Location - Coordinates, Street Address, and/or Location Description [PCN Form 131b]:
35.2905,-80.7743
University City Blvd and 1-85
8. Project Location - Tax Parcel ID [PCN Form 131a]: 04708214, 04739110
9. Project Location -County [PCN Form A2b]: Mecklenburg
10. Project Location — Nearest Municipality or Town [PCN Form A2c]: Charlotte
11. Project Information — Nearest Waterbody [PCN Form 132a]: Doby Creek
12. Watershed / 8-Digit Hydrologic Unit Code [PCN Form B2c]:Rocky/ 03040105
Authorization: Section 10 ❑ Section 404
Regulatory Action Type:
❑ Standard Permit
U Nationwide Permit # 14, 18, 58
❑ Regional General Permit #
Jurisdictional Determination Request
�✓ Section 10 & 404 ❑
❑Pre -Application Request
Unauthorized Activity
❑ Compliance
❑ No Permit Required
001=_ 0 PH 11141GILD%

Wetlands and Environmental Planning Group
Leonard S. Rindner, PLLC.
March 9, 2023
Mr. Douglas Perez
U.S. Army Corps of Engineers
Charlotte Regulatory Field Office
8430 University Executive Park Drive
Charlotte, NC 28262
Mr. Andrew Pitner
NCDEQ
Division of Water Resources
610 East Center Street, Suite 301
Mooresville, NC 28115
Mr. Paul Wojoski
NCDEQ
Division of Water Resources
Wetlands & Storm Water Branch
512 North Salisbury Street
Raleigh, NC 27604
Mr. Byron Hamstead
U.S. Fish and Wildlife Service
Asheville Field Office
160 Zillicoa St.
Asheville, NC 28801
Subiect: SAW-2021-01204; Updated Pre -Construction Notification for NWP #14, 418, 458
for the Research Park Phase 2 site in Charlotte, Mecklenburg County, North Carolina
Messrs. Perez, Pitner, Wojoski and Hamstead,
Enclosed is a request for Nationwide Permit 914, 918, and 958 for the Research Park Phase 2 site
on 68.78 acres located at the corner of University City Boulevard and the I-85 interchange in
Charlotte, NC. The site is a proposed residential development and consists of three streams and
two wetlands. The site was field verified by the USACE in June 2021 and by NCDEQ in August
2021 and a PJD was issued in June 2021. Please refer to the Jurisdictional Determination
Information section for information on onsite surface waters.
Previous 401/404 NWP approvals were issued for the proposed impacts in Ocober 2022 (SAW-
2021-01204). We are requesting an update to include minor additional wetland impacts that are
unavoidable due to a multi -use pathway required by the City. No other changes or modifications
are proposed to the previously permitted activities.
Charlotte Office: www.wetlands-epg.com Asheville Office:
10612-D Providence Rd. 1070 Tunnel Rd., Bldg. I
PMB 550 Suite 10, PMB 283
Charlotte, NC 28277 Asheville, NC 28805
[phone] 1
[e-mail]

Wetlands and Environmental Planning Group
Leonard S. Rindner, PLLC.
Due to an ADA-accessible multi -use pathway required by the city, an additional 0.01 acres of
wetland impacts are required. In sum, the proposed project will include permanent impacts to
one stream and one wetland for grading, a road crossing, and maintaining connectivity
requirements. Total permanent impacts proposed include 142 linear feet (0.027 AC) of stream
impact to Stream A and 0.402 acres of wetland impacts (Wetland FW). These access crossings
were necessary due to City connectivity requirements, including fire access. These impacts were
unavoidable due to roadway access, connectivity requirements, and the municipality required
multi -use path.
Impacts associated with the proposed development were limited through site selection, design,
and location/orientation of the proposed lots and access routes. Efforts of minimization were
implemented during the design to preserve existing site hydrology and limit adverse effects to
existing, onsite natural habitat. The culverts have been designed with headwalls as close to the
sidewalks as possible. Impacts related the grading for the multi -use path have been minimized to
the extent possible through the use of 2:1 slopes. The applicant has demonstrated avoidance and
minimization efforts by dedicating 42.5% of the Phase 2 area to open space and avoiding 95% of
onsite streams and 94% of onsite wetlands. To compensate for the anticipated permanent impacts
to onsite wetlands, the applicant is proposing payment to the Upper Rocky Umbrella Mitigation
Bank.
Also enclosed is a copy of our Threatened/Endangered Species Evaluation for the site. No listed
species were identified within the project area and we believe that there will be no effect on
listed species, or their critical habitat as designated under Section 7 of the Endangered Species
Act. Fish & Wildlife Services' response is included in this application. Please refer to the
Threatened and Endangered Species Evaluation Section for additional details on the terrestrial
species evaluation. Thank you for your consideration and please contact me if you have any
questions, [phone] or email at daniel.kueflergwetlands-epg.com.
Sincerely,
1 x.
i
Daniel Kuefler, PWS Len Rindner, PWS
Environmental Scientist Principal
Charlotte Office:
10612-D Providence Rd.
PMB 550
Charlotte, NC 28277
[phone]
len. ri [e-mail]
www.wetiands-epg.com
2
Asheville Office:
1070 Tunnel Rd., Bldg. I
Suite 10, PM 283
Asheville, NC 28805

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Permit Application

w A rE�QG
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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: 14. 18. 58 or General Permit (GP) number:
1c.
Has the NWP or GP number been verified by the Corps?
❑ Yes ❑X 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:
Research Park Phase 2
2b.
County:
Mecklenburg
2c.
Nearest municipality / town:
Charlotte
2d.
Subdivision name:
2e.
NCDOT only, T.I.P. or state project no:
3.
Owner Information
3a.
Name(s) on Recorded Deed:
Elan University City c/o Greystar
3b.
Deed Book and Page No.
3c.
Responsible Party (for LLC if
applicable):
Josh Glover
3d.
Street address:
521 E Morehead Street, Suite 400
3e.
City, state, zip:
Charlotte, NC 28202
3f.
Telephone no.:
[phone]
3g.
Fax no.:
3h.
Email address:
[e-mail]
Page 1 of 10
PCN Form — Version 1.4 January 2009

4.
Applicant Information (if different from owner)
4a.
Applicant is:
❑ Agent ❑ Other, specify:
4b.
Name:
4c.
Business name
(if applicable):
4d.
Street address:
4e.
City, state, zip:
4f.
Telephone no.:
4g.
Fax no.:
4h.
Email address:
5.
Agent/Consultant Information (if applicable)
5a.
Name:
Daniel Kuefler
5b.
Business name
(if applicable):
Wetlands & Environmental Planning Group, PLLC
5c.
Street address:
10612-D Providence Road, PMB 550
5d.
City, state, zip:
Charlotte, NC 28277
5e.
Telephone no.:
[phone]
5f.
Fax no.:
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):
04708214, 04739110
1 b.
Site coordinates (in decimal degrees):
Latitude: 35.2905 Longitude:-80.7743
1c.
Property size:
68.78 acres
2.
Surface Waters
2a.
Name of nearest body of water to proposed project:
Doby Creek
2b.
Water Quality Classification of nearest receiving water:
C
2c.
River basin:
Rocky/03040105
3.
Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
The Research Park Ph 2 site is located just south of University City Boulevard, and just west of Interstate Hwy 85, in Charlotte, Mecklenburg County,
North Carolina. The topography consists of moderate slopes and stream corridor with the elevation ranging from 700 to 780 ft. (Figure 1). This site is in
a semi -urbanized setting. It is surrounded by residential neighborhoods and features disturbed, mixed hardwood covered slopes and drainages.
3b.
List the total estimated acreage of all existing wetlands on the property: 7.35
3c.
List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 3,600
3d. Explain the purpose of the proposed project:
The proposed development will include impacts associated with road crossings for connectivity and associated grading.
3e. Describe the overall project in detail, including the type of equipment to be used:
Fill and grading of the site will use standard equipment, excavator, dump truck, track hoe, etc.
4.
Jurisdictional Determinations
4a.
Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
project(including all priorphases) in thepast?
❑X Yes ❑ No ❑ Unknown
Comments: SAW-2021-01204
4b.
If the Corps made the jurisdictional determination, what type
of determination was made?
❑X Preliminary ❑ Final
4c.
If yes, who delineated the jurisdictional areas?
Name (if known): Nic Nelson
Agency/Consultant Company: WEPG
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
The site was field verified by the USACE in June 2021 and by NCDEQ in August 2021 and a PJD was issued in June 2021. A copy of the signed JD
approval is included in the Jurisdictional Determination Information section.
5.
Project History
5a.
Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past?
❑X Yes ❑ No ❑ Unknown
5b. If yes, explain in detail according to "help file" instructions.
This PCN was approved in October 2022. Due to a City required multi -use path (MUP), additional impacts are required. These have been reduced to th
6.
Future Project Plans
6a.
Is this a phased project?
❑X Yes ❑ No
6b. If yes, explain.
Phase 1 had no impacts to aquatic resources. Remaining phases and proposed impacts are included in this application.
Page 3 of 10
PCN Form - Version 1.4 January 2009

C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
❑X Wetlands ❑X Streams —tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a.
2b.
2c.
2d.
2e.
2f.
Wetland impact
Type of impact
Type of wetland
Forested
Type of jurisdiction
Area of
number
Corps (404,10) or
impact
Permanent (P) or
DWQ (401, other)
(acres)
Temporary T
W1 P
Fill
Bottomland Hardwood Forest
Yes
Corps
0.333
W2 P
Fill
Bottomland Hardwood Forest
Yes
Corps
0.059
W3 T
Bore Pit
Bottomland Hardwood Forest
Yes
Corps
0.01
W4 P
Fill
Bottomland Hardwood Forest
Yes
Corps
0.01
W5
Choose one
Choose one
Yes/No
W6
Choose one
Choose one
Yes/No
2g. Total Wetland Impacts:
0.412
2h. Comments:
NWP 18 to be applied to W1, W2, W4
NWP 58 to be applied to W3
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.
3b.
3c.
3d.
3e.
3f.
3g.
Stream impact
Type of impact
Stream name
Perennial (PER) or
Type of
Average
Impact
number
intermittent (INT)?
jurisdiction
stream
length
Permanent (P) or
width
(linear
Temporary (T)
(feet)
feet)
S1 P
Culvert
Stream A
PER
Corps
8
142
S2 T
Dewatering
Stream A
PER
Corps
8
15
S3 T
Dewatering
Stream A
PER
Corps
8
15
S4
Choose one
S5
Choose one
S6
Choose one
3h. Total stream and tributary impacts
172
3i. Comments:
NWP 14 to be applied to S1, S2, S3
S1- 0.027 AC
S2- 0.011 AC Dewatering
S3- 0.011 AC Dewatering
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.
Impacts associated with the proposed development were limited through site selection, design, and location/orientation of the proposed lots & access
routes. Impact minimization was implemented during design to preserve site hydrology & limit adverse effects to existing natural habitat. The culverts
were designed with headwalls as close to the sidewalks as possible. Grading for a City -required MUP uses 2:1 slopes.The applicant has demonstrated
avoidance & minimization efforts by dedicating 42.5% of the Phase 2 area to open space, avoiding 95% of onsite streams & 94% of onsite wetlands.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Construction techniques will implement approved erosion control methods to avoid/minimize impacts to onsite/adjacent offsite receiving conveyances.
Where possible, 2:1 slopes and the maximum allowable headwalls will be used to minimize crossing impacts.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for
impacts to Waters of the U.S. or Waters of the State?
0 Yes ❑ No
2b. If yes, mitigation is required by (check all that apply):
❑ DWQ ❑X Corps
2c. If yes, which mitigation option will be used for this
project?
❑X Mitigation bank
El Payment to in -lieu fee program
❑ Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank: Upper Rocky Umbrella Mitigation Bank
3b. Credits Purchased (attach receipt and letter)
Type: Stream
Type: Riparian wetland
Type: Choose one
Quantity: 142
Quantity: 0.402
Quantity:
Please see attached etter of availability
3c. Comments:
4. Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
❑ Yes
4b. Stream mitigation requested:
linear feet
4c. If using stream mitigation, stream temperature:
Choose one
4d. Buffer mitigation requested (DWQ only):
square feet
4e. Riparian wetland mitigation requested:
acres
4f. Non -riparian wetland mitigation requested:
acres
4g. Coastal (tidal) wetland mitigation requested:
acres
4h. Comments:
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Page 6 of 10
PCN Form — Version 1.4 January 2009

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

E.
Stormwater Management and Diffuse Flow Plan (required by DWQ)
1.
Diffuse Flow Plan
1 a.
Does the project include or is it adjacent to protected riparian buffers identified
❑ Yes ❑X No
within one of the NC Riparian Buffer Protection Rules?
1 b.
If yes, then is a diffuse flow plan included? If no, explain why.
❑ Yes ❑ No
2.
Stormwater Management Plan
2a.
What is the overall percent imperviousness of this project?
2b.
Does this project require a Stormwater Management Plan?
❑X Yes ❑ No
2c.
If this project DOES NOT require a Stormwater Management Plan, explain why:
2d.
If this project DOES require a Stormwater Management Plan, then provide a brief, narrative
description of the plan:
Storm
water on the site will be handled by facilities shown on the attached plans. The stormwater plan has
not yet been submitted to City of Charlotte
but
will be designed to meet their criteria.
2e.
Who will be responsible for the review of the Stormwater Management Plan?
City of Charlotte
3.
Certified Local Government Stormwater Review
3a.
In which localgovernment's jurisdiction is thisproject?
City of Charlotte
❑X Phase II
❑ NSW
3b.
Which of the following locally -implemented stormwater management programs
❑ USMP
apply (check all that apply):
❑ Water Supply Watershed
❑ Other:
3c.
Has the approved Stormwater Management Plan with proof of approval been
❑Yes ❑X No
attached?
4.
DWQ Stormwater Program Review
❑Coastal counties
❑HQW
4a.
Which of the following state -implemented stormwater management programs apply
❑ORW
(check all that apply):
❑Session Law 2006-246
❑Other:
4b.
Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ❑X 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)
1 a.
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 0 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.
No
additional phases are proposed.
4.
Sewage Disposal (DWQ Requirement)
4a.
Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility.
Wastewater
generated on the site will be transported to the nearest treatment facility via sewer lines.
Page 9 of 10
PCN Form — Version 1.4 January 2009

5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or
❑ Yes ❑X No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act
❑X Yes ❑ No
impacts?
5c. If yes, indicate the USFWS Field Office you have contacted.
Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
A threatened and endangered species assessment was conducted in which no species were identified. Habitat may occur for the Northern long-eared
bat but the project is except as described in the attached T&E report. FWS's response is included in this package.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat?
❑ Yes ❑X No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
No essential habitat in this region.
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation
❑ Yes ❑X No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
SHPO's website: https://nc.maps.arcgis.com/
Report from R.S. Webb & Associates
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?
❑X Yes ❑ No
8b. If yes, explain how project meets FEMA requirements:
Any fill within the floodplain proposed as a part of this project will be designed to meet any requirements of a floodplain development permit as
determined by the City of Charlotte and/or FEMA.
8c. What source(s) did you use to make the floodplain determination?
www.fema.gov
https://polaris3g.meeklenburgcountync.gov/
Daniel Kuefler
02-23-2023
Applicant/Agent's Printed Name
Applicant/Agent's Signature
Date
(Agent's signature is valid only if an authorization
letter from the applicant isprovided.)
Page 10 of 10

WEPG
Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC.
Agent Authorization Letter
The purpose of this form is to authorize our firm to act on your behalf in matters related to aquatic
resource (i.e. stream/wetlands) identification/mapping and regulatory permitting. The
undersigned, who are either registered property owners or legally authorized to conduct due
diligence activities on the property as identified below, do hereby authorize associates of
Leonard S. Rindner, PLLC, Wetlands and Environmental Planning Group (WEPG) to act on my
behalf and take all actions necessary for the processing, issuance, and acceptance of applicable
permit(s) and/or certification(s).
Proj ect/Site Name: Elan University City Phase 2
Property Address: University City Blvd
Parcel Identification Number (PIN): 04708214, 04739110
Select one: I am the current property owner
Name: Josh Glover
Company: Elan University City Phase 2 LLC c/o Greystar
Mailing Address: 521 E Morehead Street, Suite 400, Charlotte, NC 28202
Telephone Number: [phone]
Electronic Mail Address: [e-mail]
l Interested Buyer* / Other"
2/21 /22
Date
* The Interested Buyer/Other acknowledges that an agreement and/or formal contract to purchase and/or conduct
due diligence activities exists between the current property owner and the signatory of this authorization in cases
where the property is not owned by the signatory.
Charlotte Office: www.wetlands-epg.com Asheville Office:
10612-D Providence Rd. 1070 Tunnel Rd., Bldg.
PMB 550 Suite 10, PM 283
Charlotte, NC 28277 Asheville, NC 28805
[phone]
len. [e-mail]

4
WATER & LAND' -
SOLUTIONS
Upper Rocky Umbrella Mitigation Bank
Statement of Availability February 17, 2023
U.S. Army Corps of Engineers
Kimberly Browning
Raleigh Regulatory Field Office
3331 Heritage Trade Center, Suite 105
Wake Forest, NC 27587
Re Project: Research Park Phase 2
This document confirms that Elan University c/o Greystar (Applicant) for the Research Park Phase 2
(Project) has expressed an interest to utilize 142 Stream Mitigation Credits and 0.402 Riparian
Wetland Mitigation Credits from the Water & Land Solutions, LLC sponsored Upper Rocky Umbrella
Mitigation Bank, specifically 142 stream credits and 0.402 riparian wetland credits from the Upper
Rocky Site, in the Yadkin HUC 03040105. As the official Bank Sponsor, Water & Land Solutions, LLC,
attests to the fact that mitigation is available for reservation at this time.
These mitigation credits are not considered secured, and consequently are eligible to be used for alternate
purposes by the Bank Sponsor, until payment in full is received from the Applicant resulting in the
issuance of a Mitigation Credit Transfer Certificate by the bank acknowledging that the Applicant has
fully secured credits from the bank and the Banker has accepted full responsibility for the mitigation
obligation requiring the credits/units.
The Banker will issue the Mitigation Credit Transfer Certificate within three (3) days of receipt of the
purchase price. Banker shall provide to Applicant a copy of the Mitigation Credit Transfer Certificate and
a documented copy of the debit of credits from the Bank Official Credit Ledger(s), indicating the permit
number and the resource type secured by the applicant. A copy of the Mitigation Credit Transfer
Certificate, with an updated Official Credit Ledger will also be sent to regulatory agencies showing the
proper documentation.
If any questions need to be answered, please contact me at 239-322-7276.
Best Regards,
Riane Fisher
Water & Land Solutions, LLC
7721 Six Forks Road, Suite 130
Raleigh, NC 27615

N
_05
N
Q
05
10
Maps/Plans

Fiuntersville Concord
Harrisburg
Mt Holly . �6
Belmont r - `�' � , 272634
r - rc-% @b
f
Mint Hill
G' /J 6D
Fair
ake Wylie Matthews
Pineville �` U
�., . Indian Trail
Os
Lion
�x
i
N
University Cray 51q6
3 PQ'
- 'r1�rtS
Acres: RESEARCH PARK PHASE 2
+/- 67.88 Mecklenburg Co., NC
FIGURE
1 12/07/20 VICINITY MAP
Subject to USACE/NCDEQ verification
MINERAL
SPRINGS !
PROJECT BOUNDARY i
STUDY LIMITS
Prepared for:
Graystar
Drawn By: Reviewed By:
ALL I DCK
Lobby Loq
PHASE 2 _
BOUNDARY
�f
i
+► fj�
I�85 Gon

a � i
h' F
i + (�
5
+ ! y 1I.: A
Vvernor's Village
E I Academy
�
z
r•
N. "r
P.
ti + , 6L
J.
i I
fifths!
ia dej
. A - .
w
I�� IA711'I�f��
Spring
Mir
it
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ir :� ;
i f5 F d di} �•
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' t
�
.^' +fi•.�
' � 5 1 F
16
- 4
PROJECT r
PROJECT BOUNDARY _ —
_ STUDY LIMITS
F Aerial Imagery Provid(
* 'I Google Earth 202
Wetlands and Environmental Planning Group
Leonard S- Rindner, PLLC-
[e-mail]
[phone]
www. wetlan ds-epg. com

21�7
r
75
S1 L
OF hie
46
PROPERTY BOUNDARY
DOBY CREEK
STUDY LIMITS
S stat!0
81 B WS 1
+ 7
L
e-WE"- 31.
r�,'
Athle dr
F
L-2 ie m- V
LOCATION 4 •----J
Lat: 35.2905 N SCALE
1:24,000 QUAD
Long: -80.7743 W USGS Q k
1P
N HUC: 03040105 ACRES Derita, NC
ROCKY 68.78 1993
r T-
i, EP 03
Lalle
Prepared for: RESEARCH PARK PHASE 2 Drawn By: Reviewed By: FIGURE
Wetlands and Fnvironmental Planning Group Graystar Mecklenburg Co., NC 3
Leonard S- Rindner, PLLC. IR BLK ALL
len-rindnerpwetlands-epg.com USGS MAP 11/30/20
[phone] For study purposes only - subject to USACEINCDEQ verification
www.wetiands-epg.com

V AO
eo p `E F
}npt D yVkti � �� � kI, VwNls `v
wkij f
CaR?
'ido OT
C
rt. CaHF
f nE
i -4' k �� VtilkB
V41kD� ti
HeB r !f En© V4kC7 Vtfk
EnO
PROPERTY BOUNDARY
ceb � ll
+7fRftA STUDY LIMITSrg
' PHASE2 ca?
BOUNDARY
Why FEi W4C.
.aEi FnB Mel
E
'�./'' I)c�xrl�i � •. � ' eta
�►}�r1��raaF c CP, Frrp `
'prim i •
• II • Erie �, l9 EnC7
� V4rME
Aar tit�U
e C�7 h
....-
i`rr37 hkt7 �
Map Unit Symbol
Map Unit Name
Acres In AOI
Percent of AOI
CeE2
Cecil sandy clay loam, 2 to 8
23.8
34.5%
percent slopes, moderately
eroded
CeD2
Cecil sandy clay loam, 8 to 15
23.0
33.2%
percent slopes, moderately
eroded
Eno
Enon sandy loam, 8 to 15
0,8
1.1°/
percent slopes
MO
Monacan loam, 0 to 2 percent
10 1
27.6°/
slopes, frequently flooded
PaE
Pacolet sandy loam, 15 to 25
25
3.6°
percent slopes
Totals for Area of Interest
69.2
100.0°/
E ,7B
H R ES
eW
ii
t
t'PHI w4+1}
NRCS Soil Survey Manuscript
Mecklenburg County 1976
Prepared for: RESEARCH PARK PHASE 2 Drawn By: Reviewed By: FIGURE
Wetlands and Environmental Planning Group Mecklenburg Co., INC 4
Leonard S. Rindner, Pll Graystar BLK ALL
SOIL MANUSCRIPT MAP 11/30/20
` ` For study purposes only - subject to USACE/NCDEQ verification

PARCEL:04739110
ELAN UNIVERSITY CITY OWNER, LLC
5
C21 E MOREHEAD ST STE 400
HARLOTTE, NC 28202
+� + }}may PROJECT BOUNDARY
Gr10 to STUDY LIMITS
0f
or
PHASE 2
_ } BOUNDARY
r •
L M1�
L�
i
PARCEL: 04708214
{ ELAN UNIVERSITY CITY
PHASE 2, LLC 521 E f
MOREHEAD ST STE 400 }
CHARLOTTE, NC 28202 F
geat
Parcel Information Obtained
J t from Mecklenburg County GIS 2020
Acres: RESEARCH PARK PHASE 2 Prepared for:
+/- 67.88 Mecklenburg Co., NC Graystar
FIGURE
PARCEL MAP Drawn By: Reviewed By:
5 12/07/20 Subject to USACE/NCDEQ verification ALL DCK ,.•,•

PROPERTY BOUNDARY
STUDY LIMITS
FEMA FLOODPLAIN AS PER
CHARLOTTE MECKLENBURG
POLARIS 3G MAPS
MR
�� r� ■ ON �t
r�
Y
I
�....RESEARCH PARK PHASE 2 Drawn
Wetlands and Environmental Planning G Mecklenburg Co.,
Leonard S. Rindner, PLLC. BLK ALL
[e-mail] POLARIS 3G FLOODPLAIN'
[phone] C 1 1
www.wetlands-epg.com •purposes •

RN PJW
PUBLIC -
No V
IF
UNDERNO IMPACT
-
11 11 •� a
11
1
LEGEND
AREA OF IMPACT F-1
TOTAL DEVELOPED AREA- 25.71 AC
RESEARCH PARK PHASE 2 - CHARLOTTE, NC - 2 PHASE OVERALL VIEW
PN1021404 1 02.20.2023 1 GREYSTAR
Rm
E E WA
BMP OUTFALL'1
BMP
/
i�
vo0 150' 300 450' 750' LandDesign®

IN I
/ ! l l- l \� T --
IN
1\\ \_' �� III 1�91 ry�@ \ / ' 11!lll J I / I J I� ,\ _ � �..� \ `-` ;,♦ �� 1�/ ^:� /,� _ � � �_ � \ ��\ � \ - �--- ---- - _� - � ````-/'/' I 1 I /
IN \ `/ /IIII�' Mlll • ,f�/Il l + 1 - _ ; 1-�� 1// `'^_��\ "� �� �\\ % �/� c\ __- / ' �� \ \`
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\ I I /' / / r /,Il b/ � V /6 rd I 1 ( � / J / � r r-.i)J� � � 1 -•� �711 � � ) ( I
Il(\l`1
\ , Q \ \ \\\ \\%�/i1C//ter., •.� l �\---1�� i//
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r iii J �`-r1L-ham \ _// / / -r- �J// \l \ �-~ ��1=\ \\��� \`
/ ( &1 \ \\
I PER�NNIA S�� Ai,J1J\ - s _ `\ \ '�IIJJ�L� I\\ l 1~ Jf J/ II\Ill l I - `< c \I1111(IJ - `i plc=�\� � \ � � ---- - _ \�
I1 /I1 r - \///f\ )) L n IM1I_�Jj l}\\� 1\ f J\) \ 11111\\ �` %/'' 711
ys{J% �\ � ------ ---- \N�
ON -SITE LENGTH = 2418'�'t, / ,� i� ^--:�, i \ ,,_\1,11(1\\ ,_ /�;s,3�v �< \ _�:;�;'--------------- ----- --
J EXISTING ;' \- _ _ i o\\ �. \ 111
1 +_..�` `�===tit�� , �\ I(I�-�I11I���`=-_��'^/�llfy\1\\'�(� �-�� �\���
(0.522 AC) r ✓ %'''r\I//%//' J / -----
_ --- = SEWER LINE` ----
--'' �����------
---- / / /// /, / ( I IU{'� ! �/ � ( ] �'-_���///+1 / l � /\� ~\J �Jr� _��J �� / i � ..iij/= `��\�_=i /j//ll,. � ` ✓�^ �„� -� �\\ \� \ ` \� �\����� �---- - _
--
- PRO Ie\l\\ � f/�', / �=_- \ -\ � �-� � r',�
�^�. \ _-
___ -- BOUINDARYI �r �I J .G \\1\\ . I f-�`f_ -- __, _ EXISTING 40 �`
----- // / --- \ \ ! [ // P 'f \ � ~'✓ r ,i /" `��� \�Z-�wV \SAS � �\ � - --- -- /
EASEMENT 1,�_
�/
r
--
/ �/' IIL�=^.i
V ,
/ - _/ 1, \1/ r < y/ '�S SS SSA ss asE
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2 f J\(\ C / ` c ( /^ ss / S TSS s
S SEA r
iL- SSE ti.
� T� ssE� ,- � SSE
�JLVERT
v f / )�SFS r SSE s v /
S � (.�' �I{/s S r _ J �--� � �- E� .^ - -x'� �
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`'
//' \ ➢ H� l I 1 `�1\ �� ''� fi 0 J ,� Jr� ��i / - - L - -� 1� \ 1 Y/\ s(- a� \N-,
1pp = V� / / _ _-____ - ✓�r s� v� �� -
/ PERE I/1 �-
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/ �l �/ V III �� /�
ON -SITE LENGTH = 253 � �I I, � / ^�v � __ r�r`��- _ _ � r /� =- �,. � ,�_-•,-;�,} �� �, v � v
v I �II I � � - r �- _ _- � VA_ 71 t \ \ � , �� AAAA s � i � l i A v �vA� A
!I/ f� lam' t/r��r=�;����� �r IA^l / r \ r v }A\ �I V �� `� (l v
(0.011 AC) / _ 9/ /%% -= _ 'i,�4 ) V 1 r r �v ) _ A ? / _}r _ • v�vvvv
/ �l ( l IJ = =-x^= /'% /r�i--= __-`�—�� I 1 A V A V AAVA� V A�� � 1 J 1 / % ( ���\����� A\V`A� 1 " � �j �'/ ' 4 (\ jV° I� \
/�
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7-
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\ \ \ r
,{�,�qry' l l� I I I 1 IIl %I / / � v��
--- __ v A V lfUl jd"�W 1 � II@ J I I r
l I ��11 / % 1 1 { f �� l /n 1
_ V I d l / / \ \ \
�� � r I �/Ill}/,
PERENNIAL STREAM C--
\ LEGEND
\ 1 \ -\ � /
,�' .ON -SITE LENGTH = 557
v v I�v���� �i� PH-- --__ - -_
'VIA, r ! � m lll� UNDER CON STRUCTION\ \\7k/'/' -____` `(0.026 AC)
-Ify 4(I I / AREA OF IMPACT
a NO IMPA T `\ y `- \ 11 / / I / / / ' •'��'. -
�
j�- -�
TOTAL DEVELOPED AREA: 25.71 AC
IN
\ \ ; � � IIII9 \\\ `1\\. l /
\ till///[% // I . \ \ / _/ / / ` \ \
\ \ Ilif71// r� III /11 \ 1\11` I l �)I\i },1 J ` /I / / 1 I I /� J / �' , \ \ `\ \
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RESEARCH PARK PHASE 2 • CHARLOTTE, NC • OVERALL EXISTING STREAM EXHIBIT PH 2
PN1021404 1 02.20.2023 1 GREYSTAR
0 100, 200' 300' 500' LandDesign®

w
4.
I
MULTI -USE PATH '
I
' I
WETLAND FW/FWW I
TO BE FILLED,
14930 SQFT (0.343) OF IMPACT,
I
e
■ �.-
OF IM1214 i
•
g'���� n
■
BMP
n
'i
WETLA -b FW/FWW
PTO BE FILLED
2554 SQFT (0.059 AC) OF IMPACT
S/SS/55 =ss� AT ANY LOCATION ERE \
_.
S� S THE PROP. PATH CROSSES _
ASS SS THE EXISTING STREAM, A �� \
PEDESTRIAN BRIDGE WILL BE i
ADDED RESULTING IN NO
IMPACT.
n
------ �y - ......
------------------------------- ----- -�
AT ANY LOCATION WHERE
THE PROP. PATH CROSSES �
INTO THE WETLAND
BOARDWALK WILL BE USED
-TO AVOID IMPACT. - - -
I - - 4-
- -
_Ll F -1--i
RESEARCH PARK PHASE 2 • CHARLOTTE, NC • OVERALL STREAM IMPACT EXHIBIT PH 2
PN1021404 1 02.20.2023 1 GREYSTAR
AREA OF IMPACT ❑
TOTAL DEVELOPED AREA- 25.71 AC
/�I
0 100, 200' 300' 500' LandDesign®

i
� A
\ I A
WATERLINE
CONNECTION
• I 1
.I
MULTI -USE PATH e;
I �
WATERLINE aF
EXT. FROM
PHASE 1 ;
I , �
� EX.
CULVERT
�O
U U
�- m
� oa I
to
� , r
�'e
4
WATERL
A�e��csRn - \
V vv
J
— BM P BMP OUTFALL
f Ia l
'PROP. S ®RM
DRAINAGE \'
PROP.
I SEWER LINE
— 5s ss
�� ss ss ss �� ss ss
' TEMP. JACK &
\I PROP. SEWER BORE IMPACT
CONNECTION N (0.01 AC) — .. — ..
L--------------------
----------------- _ _ ,
------------- -
y`I
PROJECT
I
OUNDARY I --
i-7-T-
-- I I I
RESEARCH PARK PHASE 2 • CHARLOTTE, NC • OVERALL PH 2 UTILITY EXHIBIT
PN1021404 1 02.20.2023 1 GREYSTAR
AREA OF IMPACT ❑
TOTAL DEVELOPED AREA- 25.71 AC
0 100, 200' 300' 500' LandDesign®

0+60
MULTI -USE PATH
willl� l 1 +27
i
15 FT TCE &
DEWATERWG
AREA (0.011 AC)
LEGEND
AREA OF IMPACT ❑
698 - 696
>oo
s
IMPACT WAS ADDED IN ORDER
TO MEET CITY MUP AND SLOPE
STANDARDS ass
WETLAND FW/FWW All
TO BE FILLED ass ♦ \
423 SQFT (0.010) OF IMPACT �� ♦
ss
�'v
RETAINING WALL
WETLAND FW/FWW
TO BE FILLED
14930 SQFT (0.333) OF
IMPACT
CULVERT TYPE
NECESSARY TO
MATCH EX.
`CULVERT �
5
15 FT T E &
DEWATERING
AREA (0.011 AC)
RESEARCH PARK PHASE 2 • CHARLOTTE, NC • PERENNIAL STREAM A & WETLAND FW/FWW A EXHIBIT
PN1021404 1 02.20.2023 1 GREYSTAR
F9
m
Ss
J1PP.�STORM
PROP. CULVERT
(CULVERT IS TO BE
INTERGRATED INTO WALL.
TO BE DESIGNED BY
OTHERS)
S`rF
Is
ASS �
PERENNIAL STREAM A: \SSF
142 LF OF IMPACT �SSF
\ \ 1215 SQFT (0.027 AC) �SSF
0 20' 40' 60' 100' LandDesign®

BASE FLOW TO
THROUGH WESTE
OF DOUBLE BOX C
PROP. 12" CONCRETE SILL TO BE
INSTALLED IN WESTERN BOX AT
THE UPSTREAM AND DOWN
STREAM END OF THE CULVERT
CULVERT CROSS SECTION AT ROAD CENTERLINE
(SCALE: 1 "=80' (H) 1 "=8' (V))
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RESEARCH PARK PHASE 2 - CHARLOTTE, NC - PERENNIAL STREAM A & WETLAND CROSS -SECTIONS EXHIBIT PN1021404 1 02.20.2023 1 GREYSTAR LaY1dD dDe sign

CULVERT CROSS SECTION AT ROAD CENTERLINE
WESTERN BOX
(SCALE: 1 "=80' (H) 1 "=8' (V))
725 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 725
CULVERT CROSS SECTION AT ROAD CENTERLINE
EASTERN BOX
(SCALE: 1 "=80' (H) 1 "=8' (V))
725 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 725
720 720 720 720
PR L�..RADE PR P. RADE
iiii
715 715 715 715
710 1 1 1 1 1 I 1 V 1 1 I 1 1 1 1 I l\' ' IIII I 710 1 1 710 1 1 1 1 1 I' V' ' IIII I 1. 1 1 I 1 1 1 1 I 710
STREA11
' ULVEF
695
138.02 LF of
J INV.:890.03
690
T INV.: 889.�
685
—4—
680 M
O
O
0+00
695
EX. GRADE
690
INV.: 689.96
INV.: 688.96
685
NCRETE SILL
680
STREA
CULVEF
695
138.02 LF of
0 INV.:890. 3
690
T INV.: 889.
685
680
M
O
O
0+00
695
EX. GRADE
690
EAM INV.: 689.96
INV.: 688.96
685
NCRETE SILL
680
Double 12' X
8.5' Concrete
Box Culvert
@ 0.04%
Double 12' X
8.5' Concrete
Box Culvert
@ 0.04%
T_IREAM
T
CULVERT
CULVERT
P
R
P.
12" C
1
P
P.
24"
C
�g
M CD
O 0�
O m
CD m
0� O
m O
m
O
O
M CD
O O�
O 0)
CD m�
O� O
0) O
O
O
0+50
1+00
1+50
0+50
1+00
1+50
RESEARCH PARK PHASE 2 - CHARLOTTE, NC - WESTERN/EASTERN CROSS -SECTIONS EXHIBIT PN1021404 1 02.20.2023 1 GREYSTAR LaY1dD dDe sign

1
1
1
1
1
1
1
1
1
1
11
T
1
1
1
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Prepared for: RESEARCH PARK PHASE 2 Drawn By: Reviewed By: FIGURE
Wetlznds and Environmental Planning Group Mecklenburg Co., NC 7
Leonard S. Rindner, PLLC. Greystar NRN ALL 12/11/20
len.ri nd ne [e-mail] DELINEATION MAP
[phone] For study purposes only - Subject to NCDEQIUSACE Verification UPDATED
www-wetlands-epg.com I I 1 1 4/24/22

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2021-01204 County: Mecklenburg U.S.G.S. Quad: NC- Derita
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Requestor: Greystar
Zach Spencer
Address: 521 E Morehead Street, Suite 400
Charlotte, NC 28202
Telephone Number: [phone]
E-mail: zach.spencer()ueystar.com
Size (acres) 67.88 Nearest Town Charlotte
Nearest Waterway Doby Creek River Basin Upper Pee Dee
USGS HUC 03040105 Coordinates Latitude: 35.2905
Longitude:-80.7743
Location description: The review area is located on the south side of University City Boulevard; approximately 0.1 miles west of
the intersection of University City Boulevard and I-85. PINs: 04739110, 04708214, and 04708213. Reference review area
description shown in the Jurisdictional Determination Request package entitled "Figure 1, Vicinity Mad' and dated 12/07/20.
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 12/11/2020. Therefore
this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory
mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection
measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any
way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an
appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may
request an approved JD, which is an appealable action, by contacting the Corps district for further instruction.
❑ There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404
of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403).
However, since the waters, including wetlands have not been properly delineated, this preliminary jurisdiction determination
may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is
merely an effective presumption of CWA/RHA jurisdiction over all of the waters, including wetlands at the project area, which
is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters,
including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland
delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps.
B. Approved Determination
❑ There are Navigable Waters of the United States within the above described project area/property subject to the permit
requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act
(CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for
a period not to exceed five years from the date of this notification.
❑ There are waters, including wetlandson the above described project area/property subject to the permit requirements of Section
404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
❑ We recommend you have the waters, including wetlands on your project area/property delineated. As the Corps may not be
able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that
can be verified by the Corps.
❑ The waters, including wetlands on your project area/property have been delineated and the delineation has been verified by
the Corps. The approximate boundaries of these waters are shown on the enclosed delineation map dated DATE. We strongly

SAW-2021-01204
suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once
verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided
there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years.
❑ The waters, including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the
Corps Regulatory Official identified below onDATE. Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
❑ There are no waters of the U.S., to include wetlands, present on the above described project area/property which are subject to the
permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.
❑ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA).
You should contact the Division of Coastal Management in Morehead City, NC, at [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 06/08/2021.
D. Remarks: None.
E. Attention USDA Program Participants
This delineation/determmation has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site
identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security
Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request
a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work.
F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B.
above)
This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this
determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a
Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you
must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Philip Shannin, Review Officer
60 Forsyth Street SW, Room 10M15
Atlanta, Georgia 30303-8801
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal
under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you
decide to submit an RFA form, it must be received at the above address by Not applicable.
**It is not necessary to submit an RFA fnnn to the Division Office if you do not object to the determination in this correspondence.**
Bryan Roden -Reynolds
Corps Regulatory Official: 2021.06.08 08:31:53-04'00'
Date of JD: 06/08/2021 Expiration Date of JD: Not applicable

SAW-2021-01204
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete the Customer Satisfaction Survey located at
http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0
Copy furnished:
Agent: Wetlands and Environmental Planning Grout)
Daniel Kuefler
Address: 10612-D Providence Road
Charlotte, NC 28277
Telephone Number: 336-554-2728
E-mail: daniel.kuefler( )wetlands-et)g.com

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Threatened & Endangered Species
Report

Wetlands and Environmental Planning Group
Leonard S. Rindner, PLLC.
Threatened / Endangered / Protected Species
Evaluation
For: Elan University City
Mecklenburg County, North Carolina
By: Lisa R. Gaffney
Field investigation conducted December 11, 2020 & August 2, 2021
Charlotte Office: www.wctlands-cpg.com
Asheville 6 ce:
10612-D Providence Rd.
1070 Tunnel Rd., Bldg. I
PMB 550
Suite 10, PMB 283
Charlotte, NC 28277
Asheville, NC 28805
[phone]
I en. ri nd ner@wet Ian ds -epg. co m

Elan University City - Threatened /Endangered /Protected Species Evaluation
GENERAL LANDSCAPE DESCRIPTION:
The Elan University City site (+/- 67.88 acres) is located just south of University
City Boulevard, and just west of Interstate Hwy 85, in Charlotte, Mecklenburg
County, North Carolina. It can be found on the Derita, NC USGS Topographic
Quadrangle Map; latitude is 35.2905 N, longitude is-80.7743 W. The topography
consists of moderate slopes and stream corridor with the elevation ranging from
700 to 780 ft. (Figure 1). This site is in a semi -urbanized setting. It is
surrounded by residential neighborhoods and adjacent to the University City
Boulevard and Interstate Hwy 85 corridors. The site features disturbed, mixed
hardwood covered slopes and drainages.
Figure 1:
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Mecklenburg Co., NC BLK
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Greystar USGS MAP 11/30/20
For study purposes only - Subject to US+iCEINCVER veliwtian
Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC.

Elan University City - Threatened /Endangered /Protected Species Evaluation
METHODOLOGY:
The US Fish and Wildlife Service website
https:Hecos.fws.gov/ipac/location/47YBQUTADBCBZG6FYH25LGUGZQ/resourc
es was referenced to determine the occurrence of Threatened, Endangered and
Protected species for Mecklenburg County North Carolina, the results of which
are listed below (Table 1). Maps and aerial photographs were assembled, and
the site was investigated during the weeks of December 11, 2020, and August 2,
2021.
Table 1: Threatened / Endangered / Protected Species listed for
Mecklenburg County
County: Mecklenburg, NC
*Source: US Fish & Wildlife Service
**Data search on December 11, 2020 ***Updated August 2, 2021
Group Name Status
Invertebrate Carolina Heelsplitter (Lasmigona Endangered
decorata
Vascular Plants Smooth Coneflower (Echinacea Endangered
laevi ata
Vascular Plants Schweinitz's Sunflower (Helianthus Endangered
schweinitzii)
Vascular Plants Michaux's Sumac (Rhus michauxii) Endangered
Vertebrate Northern Long -Eared Bat (Myotis Threatened
septentrionalis)
Vertebrate Bald Eagle (Haliaeetus Protected under the Bald
leucocephalus) and Golden Eagle
Protection Act
Record Status
Current
Current
Current
Current
Probable/Potential
Current
Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC.

Elan University City - Threatened /Endangered /Protected Species Evaluation
SPECIES DESCRIPTIONS:
Three plant species with federal protection are listed as potentially occurring in
Mecklenburg County:
• Schweinitz's Sunflower (Helianthus schweinitzii), listed as Federally Endangered,
is typically found in open habitats which historically have been maintained by
wildfires and grazing bison and elk herds. Now most occurrences are limited to
roadsides, woodland and field edges, and utility rights -of -way (ROW).
• Smooth Coneflower (Echinacea laevigata), listed as Federally Endangered, is
typically found in open woods, cedar barrens, roadsides, clear cuts, dry
limestone bluffs and power line rights -of -way, requiring abundant sunlight and
little competition from other plant species.
• Michaux's Sumac (Rhus michauxii), listed as Federally Endangered, requires
habitat of sandy forests and woodland edges. This species requires periodic fire
as a part of its ecology.
Four animal species with federal protection are listed as potentially occurring in
Mecklenburg County:
• Bald Eagle (Haliaeetus leucocephalus), protected by the Bald and Golden Eagle
Protection Act, typically inhabits forested areas near large bodies of open water
such as lakes, marshes, seacoasts and rivers, where there are suitable fish
populations and tall trees for nesting and roosting.
• Carolina Heelsplitter (Lasmigona decorata), listed as Federally Endangered, is
restricted to cool, clean, well -oxygenated water. Stable, silt- free stream beds
are required for this species. Typically, stable areas occur where the stream
banks are well -vegetated with trees and shrubs.
Northern Long-eared Bat (Myotis septentrionalis), listed as Federally Threatened.
During summer, northern long-eared bats roost singly or in colonies underneath
bark, in cavities, or in crevices of both live and dead trees. Males and non -
reproductive females may also roost in cooler places, like caves and mines. It
has also been found, rarely, roosting in structures like barns and sheds. Northern
long-eared bats spend winter hibernating in caves and mines, called hibernacula.
Wetlands and Environmental Planning Group
4
Leonard S. Rindner, PLLC.

Elan University City - Threatened /Endangered /Protected Species Evaluation
RESULTS:
This site is in a semi -urbanized setting. It is surrounded by residential
neighborhoods and adjacent to the University City Boulevard and Interstate 85
corridors. It features disturbed, mixed hardwood covered slopes and drainages
with Doby Creek flowing northward through the site.
The entire site is covered in a mixed hardwood dominated forest with mature
trees. Canopy tree species include American Elm (U/mus americans), Willow
Oak (Quercus phellos), White Oak (Q. a/ba), Sweet Gum (Liquidambar
styraciflua), Tulip Poplar (Liriodendron tulipifera), Short -leaf Pine (Pinus
echinata), Virginia Pine (P. virginiana), Cottonwood (Populus deltoides), and
Red Maple (Acerrubra). Sub -canopy species include American Beech (Fagus
grandifolia), Southern Magnolia (Magnolia grandiflora), Sourwood (Oxydendrum
arboreum), Flowering Dogwood (Corpus f/orida), and American Holly (Ilex
opaca). Shrub species present are Chinese Privet (Ligustrum sinense), Russian
Olive (E/aeagnus umbellate), Sacred Bamboo (Nandina sp.), Multiflora Rose
(Rosa mu/tif/ora), and Red Tips (Photinia sp.). Vines observed were Japanese
Honeysuckle (Lonicera japonica), Muscadine (Vitis rotundifolia), Poison Ivy
(Toxicodendron radicans), and Catbrier (Smilax sp.). Herbs present include
Christmas Fern (Po/ystichum acrostichoides), Ebony Spleenwort (Asp/enium
p/atyneuron), Panic Grass (Panicum sp.), False Nettle (Boehmeria cylindrica),
Jumpseed (Tovara virginiana), Japanese Stiltgrass (Microstegium vimineum),
and Knotweed (Po/ygonum sp.).
The boundaries along the roadside corridors are planted in Fescue (Festuca sp.,
turf grass and the thin transitional areas are dominated by common weedy
species such as Johnson Grass (Sorghum ha/epense), Dog Fennel (Eupatorium
capilifolium), Goldenrod (Solidago sp.), Ragweed (Ambrosia artemisiifolia),
Rabbit Tobacco (Gnapthalium obtusifolium), and Pokeweed (Phyto/acca
americans).
Threatened & Endangered/Protected Species Results
All potential habitats for Schweinitz's Sunflower along the roadsides and
woods edges were examined, and the species was not observed. WEPG
concludes Schweinitz's Sunflower (Helianthus schweinitzii) does not occur
on the site
• All potential habitats for Smooth Coneflower along the roadsides and
woods edges were examined, and the species was not observed. WEPG
concludes Smooth Coneflower (Echinacea /aevigata) does not occur on
the site.
WEPG400841
Wetlands and Environmental Planning Group

Elan University City - Threatened /Endangered /Protected Species Evaluation
All potential habitats for Michaux's Sumac along the roadsides and woods
edges were examined, and the species was not observed. WEPG
concludes Michaux's Sumac (Rhus michauxii) does not occur on the site.
No habitat exists on the site for Bald Eagles, and there were no sightings
nor were any nesting sites observed. WEPG concludes Bald Eagle
(Haliaeetus leucoceohalus) does not occur on the site.
• The stream on site does not have the habitat characteristics required to
support populations of the Carolina Heelsplitter. Based on existing
documentation, Carolina Heelsplitter populations have not been previously
identified within this basin. WEPG concludes Carolina Heelsplitter
(Las0gona decorata) does not occur on the site.
• Comparing this site location to the USFWS Asheville office's website
(http://www.fws.gov/asheville/htmis/project review/NLEB in WNC.html) it
appears that the site meets the "exempt" criteria which requires no further
action under section 7 of the Endangered Species Act for the Northern
Long-eared Bat.
RECOMMENDATIONS:
Based on the site investigation and the review of available data, WEPG did not
identify any protected species occurring on the subject property. No further
investigation of the presence of protected species on this site is recommended at
this time.
Respectfully submitted,
04z,el # 1*e�l
Lisa R. Gaffney
Biologist
January 8, 2021
*Updated August 4, 2021
31
Wetlands and Environmental Planning Group

Elan University City - Threatened /Endangered /Protected Species Evaluation
Curriculum Vitae for:
Lisa R. Gaffney
Biologist/ Botanist
B.S. Biology, University of North Carolina at Charlotte
Ms. Gaffney is a classically trained botanist and natural resource biologist and
has conducted field work and investigative studies covering thousands of
cumulative acres in both North and South Carolina since 1996, including:
• Discovered Schweinitz's Sunflower at Redlair Farm in Gaston County, NC.
which led to the purchase of the site by the State of North Carolina Plant
Conservation Program, now called Redlair Preserve. This population has
become a Recovery Site for the species.
• Located and identified numerous previously unreported populations of
Federally Endangered Schweinitz's Sunflower (Helianthus schweinitzii).
• Located and identified numerous previously unreported populations of
Threatened Dwarf Heartleaf (Hexastylis nanif/ora).
• Cabarrus County NC Natural Heritage Inventory. Organized, directed,
and conducted field survey of natural areas in Cabarrus County for the
North Carolina Natural Heritage Program.
• Lincoln County NC Natural Heritage Inventory. Organized, directed, and
conducted field survey of natural areas in Lincoln County for the North
Carolina Natural Heritage Program.
• Threatened and Endangered Species Surveys and Natural Communities
Evaluation for over 55,000 acres in North and South Carolina, 1996 -
present.
• Participated in numerous Piedmont Prairie restoration projects in both
North and South Carolina.
Wetlands and Environmental Planning Group
7
Leonard S. Rindner, PLLC.

ua
FTM
SE� .Fe
United States Department of the Interior
FISH AND WILDLIFE SERVICE
Asheville Field Office
160 Zillicoa Street
Asheville, North Carolina 28801
March 24, 2022
Lisa Gaffney
WEPG
10612-D Providence Road
PMB 550
Charlotte, North Carolina 28277
lisa. ag [e-mail]
Subject: Elan University Residential Development; Mecklenburg County, North Carolina
Dear Lisa Gaffney:
The U.S. Fish and Wildlife Service (Service) has reviewed the information provided in your
correspondence dated February 22, 2022, wherein you solicit our comments regarding project -
mediated impacts to federally protected species. We submit the following comments in
accordance with the provisions of the Fish and Wildlife Coordination Act, as amended
(16 U.S.C. 661-667e); the National Environmental Policy Act (42 U.S.C. §4321 et seq.); and
section 7 of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531-1543) (Act).
Project Description
According to the information provided, the Applicant proposes to construct a residential
development and appurtenances on approximately 68 forested acres in Charlotte, North Carolina.
The information provided suggests that the proposed project will require authorization from the
U.S. Army Corps of Engineers for unavoidable impacts to Waters of the United States. No
project design plans or a description of impacts to onsite habitats have been prepared or provided
at this time.
Federally Listed Endangered and Threatened Species
According to Service records, suitable summer roosting habitat may be present in the action area
(50CFR 402.02) for the federally threatened northern long-eared bat (Myotis septentrionalis).
However, the final 4(d) rule, (effective as of February 16, 2016) exempts incidental take of
northern long-eared bat associated with activities that occur greater than 0.25 miles from a
known hibernation site, and greater than 150 feet from a known, occupied maternity roost during
the pup season (June 1 — July 31). Based on the information provided, the project would occur at
a location where any incidental take that may result from associated activities is exempt under
the 4(d) rule for this species. Although not required, we encourage the Applicant to avoid
associated tree clearing activities during this animal's maternity roosting season from May 15 —
August 15. If adhered to, this impact minimization measure would support our
concurrence with a "may affect, not likely to adversely affect" determination from the
action agency.

Your correspondence indicates that suitable habitat is present onsite for the federally endangered
Schweinitz's sunflower (Helianthus schweinitzii), smooth coneflower (Echinacea laevigata) and
Michaux's sumac (Rhus michauxii). However, targeted botanical surveys conducted during the
appropriate timeframe (August 2, 2021) did not detect evidence for these species at that time.
Based on the information provided, we believe that the probability for inadvertent loss of these
plant species is insignificant and discountable and we would concur with "may affect, not likely
to adversely affect" determinations from the action agency for these species. Botanical survey
results are valid for two years for the purposes of consultation under the Act:
hllps://www.fws. gov/asheville/pdfs/Optimal%20Survey%20Windows%20for%20listed%20plant
s%202020.pdf
Based on the information provided, we believe that suitable habitats do not occur onsite for any
other federally protected species, and we require no further information at this time. Please be
aware that obligations under section 7 of the Endangered Species Act must be reconsidered if:
(1) new information reveals impacts of this identified action that may affect listed species or
critical habitat in a manner not previously considered, (2) this action is subsequently modified in
a manner that was not considered in this review, or (3) a new species is listed or critical habitat is
determined that may be affected by the identified action.
Erosion and Sediment Control
Measures to control sediment and erosion should be installed before any ground -disturbing
activities occur. Grading and backfilling should be minimized, and existing native vegetation
should be retained (if possible) to maintain riparian cover for fish and wildlife. Disturbed areas
should be revegetated with native vegetation as soon as the project is completed. Ground
disturbance should be limited to what will be stabilized quickly, preferably by the end of the
workday. Natural fiber matting (coir) should be used for erosion control as synthetic
netting can trap animals and persist in the environment beyond its intended purpose.
Impervious Surfaces and Low -Impact Development
Increased storm -water runoff also degrades aquatic and riparian habitat, causing stream -bank and
stream -channel scouring. Impervious surfaces reduce groundwater recharge, resulting in even
lower than expected stream flows during drought periods, which can induce potentially
catastrophic effects for fish, mussels, and other aquatic life. Accordingly, we recommend that all
new development, regardless of the percentage of impervious surface area they will create,
implement storm -water -retention and -treatment measures designed to replicate and maintain the
hydrograph at the preconstruction condition to avoid any additional impacts to habitat quality
within the watershed.
We recommend the use of low -impact -development techniques, such as reduced road widths,
grassed swales in place of curb and gutter, rain gardens, and wetland retention areas, for
retaining and treating storm -water runoff rather than the more traditional measures, such as large
retention ponds, etc. These designs often cost less to install and significantly reduce
environmental impacts from residential development.
Where detention ponds are used, storm -water outlets should drain through a vegetated area prior
to reaching any natural stream or wetland area. Detention structures should be designed to allow

for the slow discharge of storm water, attenuating the potential adverse effects of storm -water
surges; thermal spikes; and sediment, nutrient, and chemical discharges. Also, because the
purpose of storm -water -control measures is to protect streams and wetlands, no
storm -water -control measures or best management practices should be installed within any
stream (perennial or intermittent) or wetland.
The Service appreciates the opportunity to provide these comments. Please contact Mr. Byron
Hamstead of our staff at [e-mail] if you have any questions. In any future
correspondence concerning this project, please reference our Log Number 4-2-22-489.
Sincerely,
- - original signed - -
Janet Mizzi
Field Supervisor

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Cultural Resources
Report

R.S. Webb & Associates
Cultural Resource Management Consultants
2800 Holly Springs Parkway, Suite 200 • P.O. Drawer 1319
Holly Springs, Georgia 30142
Phone: [phone] • Fax: [phone]
May 16, 2022
Ms. Amber Lipsky
Leonard S. Rindner, PLLC
Wetlands & Environmental Planning Group
3714 Spokeshave Lane
Matthews, North Carolina 28105
Subject: Findings - Limited Cultural Resources Literature Review/Field Reconnaissance
Research Park Phase 2 Development Tract
Charlotte-Derita, Mecklenburg County, North Carolina
R.S. Webb & Associates No. 21-649-133
Dear Ms. Lipsky:
BACKGROUND
During 2021, R.S. Webb & Associates (RSWA) conducted a limited cultural resources literature
review and field reconnaissance for the proposed Research Park Phase 2 development tract located
near the Charlotte -area Derita community, in Mecklenburg County, North Carolina (Figure 1). The
project area includes approximately 18.6 hectares (46 acres) located astride Doby Creek and
southwest of the intersection of University City Boulevard (north) and Interstate 85 (east), in
northeast Mecklenburg County.
For this literature review, a "cultural resource" is defined as a discrete area of human activity that
is more than 50 years old. Cultural resources include, but are not limited to, archeological sites,
historic structures, military earthworks, mines/mining features, historic cemeteries, and historic
landscape features. The purpose of the current study was to determine if previously recorded cultural
resources are located within the project area.
METHODOLOGY
Literature and Records Search: Through the State Historic Preservation Office's (SHPO) HPOWEB
database, information regarding National Register of Historic Places (NRHP) properties,
Mecklenburg County surveyed -only historic resources, other surveyed properties or resources, state
Study List sites, and/or historic resources that have been given a determination of eligibility (DOE)
was reviewed and collected. The North Carolina Office of State Archaeology (OSA) provided
RSWA with information via email/electronic link regarding archeological sites located within 1.6
kilometers (km) of the project area. This information included site forms, location maps and partial
or full reports. Historic county maps were viewed online through North Carolina Maps, a
collaboration of the University of North Carolina, the State Archives of North Carolina, and the
Outer Banks History Center. Historic aerial photography and additional historic maps were accessed
through Historicaerials.com, Earthexplorer.usgs.gov, Legacy.lib.utexas.edu/maps/, and
Alabamamaps.ua.edu.

Findings - Limited Cultural Resources Literature Review/Field Reconnaissance, Research Park Phase 2 Tract Page 2
May 16, 2022
The following primary sources were found to be useful in searching for historic resources within and
adjacent to the project area:
• 1910 USDA Mecklenburg County Soil Map
• 1911 Spratt and Spratt Map of Mecklenburg County
• 1912 Post Office Department Map of Mecklenburg County
• 1938 and 1953 State Highway and Public Works Commission Maps of Mecklenburg County
• 1952 and 1973 USGS Derita, North Carolina 7.5-minute quadrangle map
• 1955 and 1978 aerial photographs of Mecklenburg County
• 1983 Official Military Atlas of the Civil War (Davis et al. 1983)
• 1993-2021 Google Earth aerial photography
Reconnaissance Field Survey: The field reconnaissance was designed to sample areas with a high
probability of containing prehistoric and/or historic resources and to record current project area
conditions. The Project Archeologist walked transects across the project area landforms as shown
in Figure 2. A combination of landscape scanning, surface inspection and screened shovel testing
was used to search for cultural resources on selected high -probability landforms. As these landforms
were walked, exposed surfaces were inspected for artifacts and other evidence of cultural resources.
Exposed surfaces include, but are not limited to, clearings, road cuts, unpaved roads/trails and
eroding banks. Shovel testing, typically at 30 meter (m) intervals, was used on selected high -
probability landforms to monitor soil conditions and search for cultural deposits. Shovel testing
involved the excavation of 30-by-30-centimeter (cm) units. Soils were screened through 0.64-cm
hardware cloth and the retained material scanned for artifacts. Each test was taken to sterile subsoil/
substrate and the profile cleaned and examined. Soil colors, textures and depths of deposit were
recorded in an all-weather journal. Data collected during the field reconnaissance were used to
generally assess the NRHP eligibility status (i.e., probably ineligible or potentially eligible) of
observed cultural resources. Current land use patterns and levels of disturbance were also noted.
RESULTS
Limited Literature Review
Previous Archeological Investigations: According to the records provided by OSA, there has been
at least four cultural resources management projects performed within 1.6 km of the project area, the
closest of which took place immediately north of the current study tract (Figure 1). hi 1996, the
North Carolina Department of Transportation conducted an archeological study for the Graham
Street Extension (now University City Boulevard) (Glover 1996). The survey report indicates no
findings within the proposed road corridor, but it states that two sites west of the current project area,
Derita Mineral Spring and archeological site 31MK162, were explored at the behest of OSA.
Previous Architecturallnvestigations: According to SHPO personnel, the North Carolina HPOWEB
database is the definitive source of all architectural survey information for Gaston County.
National Register of Historic Places: According to the HPOWEB and NPS databases, there are no
NRHP-listed historic properties located within 1.6 km of the current study tract.
Mecklenburg County Historic Resources: The HPOWEB database identifies no state study -list sites,
local landmarks, or properties determined eligible for the NRHP within 1.6 km of the study tract.
The database shows two Surveyed -Only historic resources within 1.6 km of the project area, the

Findings - Limited Cultural Resources Literature Review/Field Reconnaissance, Research Park Phase 2 Tract Page 3
May 16, 2022
closest of which is the Andrew Alexander House (MK1527), situated west of Neal Road,
approximately 750 in west of the study tract (Figure 1).
Recorded Archeological Sites: According to OSA-provided archeological site records, there are six
recorded archeological sites located within 1.6 km of the project area. Site 31MK162 (not mapped
by OSA) is a prehistoric artifact scatter site recorded in 1975 with an unknown NRHP eligbility
status. This site is/was located just south of University City Boulevard about 280 in west-northwest
of the current project area (Figure 1). No evidence of this site was relocated during Glover's 1996
survey for the corridor survey of this road extension. No other known archeological sites are located
within 800 in of the project area.
Historic Cemeteries: Historic maps and aerial photographs reviewed show no cemeteries located
closer than 800 in of the project area.
Structures on Historic Maps and Aerial Photographs: Maps produced during the first quarter of the
20t' century show the courses of Mineral Springs Road at the south project area boundary, Doby
Creek through the west part of the study tract and a road passing southeast to northwest via the
project area. These roadways appear to have been sparsely populated, but buildings appeared to the
northwest, southwest and southeast of the study tract (Figure 1). County highway maps produced
in 1938 and 1953 indicate a similar distribution of buildings, but the road through the study tract are
not depicted. The USGS and county highway maps from 1952 to 1973 show no buildings within
or adjacent to the project area during this time span.
Aerial photographs from 1955 and 1968 show the project area to be entirely wooded, with no
obvious structure/building signatures present. The Google Earth sequence of aerials shows the
project area to have been wooded from 1993 into 2021.
Field Reconnaissance
Land Use: Topographically, the project area is mostly a series of gentle side slopes, ridge ends and
ridge spurs along Doby Creek (Figures 1 and 2). The physical nature of the project area is illustrated
in Photos 1-3. Field observations confirmed that the study tract has been subjected to harsh land use
practices related to initial clearing/logging, exhaustive farming, and erosion from the late 18t'century
into the 20t' century, and by middle/late 20t' to early 2Pt century road construction. Shovel test data
from the field reconnaissance confirmed highly to moderately eroded A -horizon soils across the
project area uplands. Upland soil profiles displayed 5 to 20 cm of sandy loam, sandy clay loam or
clay loam plowzone over clay, sandy clay, silty clay or rocky sandy clay subsoil. Where shovel tests
were excavated in dry portions of the floodplain along Doby Creek, profiles exhibited silt, silty clay
and/or sand typical ofhydric or formerly hydric settings. No archeological features, midden deposits
or other cultural manifestations were noted during shovel testing.
Archeological and Historic Resources: No archeological or historic resources were recorded during
the current field reconnaissance.
SUMMARY AND CONCLUSIONS
Limited Literature Review: No recorded archeological sites are located within or near the study tract.
The closest known archeological resource, 31 MK162, is or was located about 280 in west-northwest

Findings - Limited Cultural Resources Literature Review/Field Reconnaissance, Research Park Phase 2 Tract Page 4
May 16, 2022
of the project area. The nearest recorded historic resource, Resource No. MK1527, is a historic
dwelling located approximately 750 m west of the study tract. Twentieth to 21 st century maps and
aerial photographs indicate no obvious structure/building signatures within the project area.
Field Reconnaissance: No archeological or historic resources were recorded during the current field
reconnaissance.
CLOSING COMMENTS
Ms. Lipsky, we appreciate the opportunity to work with you on this project. If you have any
questions or comments, please contact me at 770-345-0706.
Sincerely,
R.S. WEBB & ASSOCIATES
(f4 J yti�l
Robert S. (Steve) Webb
President and Senior Principal Archeologist
Attachment: Figures 1 and 2; Photos 1-3
REFERENCES
Davis, G.B., L. J. Perry and J. W. Kirkley, compiled by C. D. Cowles
1983 Atlas to Accompany the Official Records of the Union and Confederate Armies.
Reprint of the 1891-1895 edition. The Fairfax Press, New York.
Glover, G.F.
1996 Archaeological Study: Graham Street Extension, Mecklenburg County. North
Carolina Department of Transportation. Raleigh, North Carolina.

y Andre
ems. �1 Alexander
House
� .._ (SIMK1527)�/' I 1 F
.T ll
Z� • � �;: • f;,1�i,. _�7,I ,(lam ' � -_ � � � �
J \ T6
^; Glover Possible.- '
�.; .
(19 6) , 8Location of
_ r, 311VIK162 `
wr =�
t7a � • ,i u i
• J ' Lr—t � 'ylrirra•rrd
6.
.f •� e�'�'�•._ - �� � L 4 "�' �, � gas �� ' t I
Location 'of
Derita Mineral•
�• spring ANT '� �`� ..:r ' `� ` 'L•
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Jr. Oe
♦ Structure on Historic Maps — Previous Cultural Resource Project
❑ Recorded Historic Resource --- Road on Historic Maps
Recorded Archeological Site
Map Reference: 7.5-Minute USGS Quadrangle Scale
Derita (1993), NC 0 610 meters
0 2000 feet
Figure 1 Project Area, Previous Project and Cultural Resources Location Map

Project Area �
T8 T3
1.i �• �i f
T2.
Ji
T4 T1
�r �• T6
i� T5
T7
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Survey Transects :L 3
Map Reference: 7.5-Minute USGS Quadrangle Scale
Derita (1993), NC 0 152 meters
0 500 feet
Figure 2 Survey Coverage Map

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Previous Approvals

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2021-01204 County: Mecklenburg County U.S.G.S. Quad: Derita
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee: Greystar GP 11, LLC
Mr. Josh Glover
Address: 521 E. Morehead Street
Charlotte NC, 28202
Size (acres) 69
Nearest Waterway Doby Creek
USGS HUC 03040105
Nearest Town Charlotte
River Basin Upper Pee Dee
Coordinates Latitude- 35.28914906;
Longitude:-80.773885173
Location description: The Research Park Phase II Project is located in the southwest
quadrant of the intersection of University City Boulevard with 1-85 in Charlotte,
Mecklenburg County, North Carolina.
Description of projects area and activity: This permit verification authorizes the impact to
0.402 acres of wetlands due to road fill. aradina and sewer imaacts and the permanent
impact to 142 If of stream channel resulting from culvert construction and the temporary
impact to 30 If of stream channel due to temporary dewaterina associated with the
construction of a residential development.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344);
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
SPECIAL CONDITIONS
a. In order to compensate for imaacts associated with this permit. mitiaation shall be
provided in accordance with the provisions outlined on the most recent version of the
attached Compensatory Mitigation Responsibility Transfer Form. The requirements of
this form, including any special conditions listed on this form, are hereby incorporated
as special conditions of this permit authorization.
Authorization: Regional General Permit Number and/or Nationwide Permit Number: NWP 58
Utility Line Activities for Water and Other Substances, NWP 14 for Transportation
Projects and NWP 18 for Minor Discharges
SEE ATTACHED RGP or NWP GENERAL, REGIONAL AND/OR SPECIAL CONDITIONS
Your work is authorized by the above referenced permit provided it is accomplished in
strict accordance with the attached conditions and your submitted application dated May
16, 2022 and ensuing record. Any violation of the attached conditions or deviation from
your submitted plans may subject the permittee to a stop work order, a restoration order,
a Class I administrative penalty, and/or appropriate legal action.

SAW-2021-01204
This verification will remain valid until the expiration date identified below unless the nationwide
and/or regional general permit authorization is modified, suspended or revoked. If, prior to the
expiration date identified below, the nationwide and/or regional general permit authorization is
reissued and/or modified, this verification will remain valid until the expiration date identified
below, provided it complies with all requirements of the modified nationwide permit. If the
nationwide and/or regional general permit authorization expires or is suspended, revoked, or is
modified, such that the activity would no longer comply with the terms and conditions of the
nationwide permit, activities which have commenced (i.e., are under construction) or are under
contract to commence in reliance upon the nationwide and/or regional general permit, will
remain authorized provided the activity is completed within twelve months of the date of the
nationwide and/or regional general permit's expiration, modification or revocation, unless
discretionary authority has been exercised on a case -by -case basis to modify, suspend or
revoke the authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401
Water Quality Certification. You should contact the NC Division of Water Resources (telephone
919-807-6300) to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal
Area Management Act (CAMA), prior to beginning work you must contact the N.C. Division of
Coastal Management in Morehead City, NC, at [phone].
This Department of the Army verification does not relieve the permittee of the responsibility to
obtain any other required Federal, State or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the
Corps of Engineers regulatory program, please contact Crystal Amschler at [phone] X
4231 or Crystal.C.Amschler(a-)usace.army.mil.
Digitally signed by Crystal
Corps Regulatory Officia�rystal AmschlerAmsehler ,Pate: October 11, 2022
Expiration Date of Verification: March 14, 2026
The Wilmington District is committed to providing the highest level of support to the public. To
help us ensure we continue to do so, please complete our Customer Satisfaction Survey,
located online at https://re ug latory.ops.usace.anny.mil/customer-service-survey
Page 2 of 2

SAW-2021-01204
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2021-01204 County: Mecklenburg County
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner/Applicant
Address:
Greystar GP 11, LLC
Mr. Josh Glover
521 E. Morehead Stree
Suite 400
Charlotte, NC, 28202
Size (acres) 69 Nearest Town Charlotte
Nearest Waterway Doby Creek River Basin Upper Pee Dee
USGS HUC 03040105 Coordinates Latitude: 35.28914906;
Longitude:-80.773885173
Location description: The Research Park Phase II Project is located in the southwest quadrant
of the intersection of Universitv Citv Boulevard with 1-85 in Charlotte. Mecklenbura Countv.
North Carolina.
Indicate Which of the Following Apply:
A. Preliminary Determination
X There appear to be waters, including wetlands, on the above described 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. 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 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 thewaters, 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 of the U.S., including wetlands, on your 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.
Page 3 of 2

B. Approved Determination
There are Navigable Waters of the United States within the above described 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 of the U.S., including wetlands, on the above described property subject to
the permit requirements of 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.
_ We recommend you have the waters of the U.S., including wetlands, on your property
delineated. As the Corps may not be able to accomplish this wetland delineation in a timely
manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the
Corps.
_ The waters of the U.S., including wetlands, on your property have been delineated and the
delineation has been verified by the Corps. 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, unless there is a change in law or our published regulations, may be relied
upon for a period not to exceed five years from the date of this notification.
The waters of the U.S., including wetlands, have been delineated and surveyed and are
accurately depicted on the plat signed by the Corps Regulatory Official identified below on
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 no waters of the U.S., to include wetlands, present on the above described 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 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
Crystal Amschler at [phone] X 4231 or Crystal.C.Amschler(a)usace.army.mil.
C. Basis For Determination: N/A. An Approved JD has not been completed.

D. Remarks: **See the preliminaryjurisdictional determination _form dated **
E. Attention USDA Program Participants
The delineation included herein has been conducted to identify the location and extent of the aquatic
resource boundaries and/or the jurisdictional status of aquatic resources for purposes of the Clean
Water Act for the particular site identified in this request. This delineation and/or jurisdictional
determination may not be valid for the Wetland Conservation Provisions of the Food Security Act of
1985, as amended. If you or your tenant are USDA program participants, or anticipate participation in
USDA programs, you should discuss the applicability of a certified wetland determination with the
local USDA service center, prior to starting work.
F. Appeals Information for Approved Jurisdiction Determinations (as indicated in Section B.
above)
If you object to this determination, you may request an administrative appeal under Corps regulations
at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and
Request for Appeal (RFA) form. If you request to appeal this determination you must submit a
completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Mr. Philip A. Shannin
Administrative Appeal Review Officer
60 Forsyth Street SW, Floor M9
Atlanta, Georgia 30303-8803
AND
PHILIP.A.SHANNIN(a)USACE.ARMY.MIL
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it
meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division
Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be
received at the above address by **.
It is not necessary to submit an RFA form to the Division Office if you do not object to the
determination in this correspondence.
Digitally signed by Crystal
Corps Regulatory Official _Amcrhler
Date: 2022.10.11 15:49:24-04'00'
Date of JD: October 11, 2022 Expiration Date: N/A
The Wilmington District is committed to providing the highest level of support to the public. To help us
ensure we continue to do so, please complete our Customer Satisfaction Survey, located online at
https://requ latory.ops. usace.army. m it/customer-service-su rvey.

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
October 4, 2022
DWR # 22-0685
Mecklenburg County
Elan University City c/o Greystar
Attn:Josh Glover
521 E Morehead St.
Suite 400
Charlotte, NC 28202
sent via email to: lalover greystar.com
Subject: Approval of Individual 401 Water Quality Certification
Research Park Phase 2 Project
Dear Mr. Glover:
Attached hereto is a copy of Certification No. WQC005227 issued to Josh Glover and Elan University City
c/o Greystar, dated October 4, 2022. This approval is for the purpose and design described in your
application. The plans and specifications for this project are incorporated by reference as part of this
Water Quality Certification. If you change your project, you must notify the Division and you may be
required to submit a new application package with the appropriate fee. If the property is sold, the new
owner must be given a copy of this Certification and is responsible for complying with all conditions. [15A
NCAC 02H .0507(d)(2)].
This Water Quality Certification does not relieve the permittee of the responsibility to obtain all other
required Federal, State, or Local approvals before proceeding with the project, including those required
by, but not limited to, Sediment and Erosion Control, Non -Discharge, Water Supply Watershed, and
Trout Buffer regulations.
This Water Quality Certification neither grants nor affirms any property right, license, or privilege in any
lands or waters, or any right of use in any waters. This Water Quality Certification does not authorize
any person to interfere with the riparian rights, littoral rights, or water use rights of any other person
and does not create any prescriptive right or any right of priority regarding any usage of water. This
Water Quality Certification shall not be interposed as a defense in any action respecting the
determination of riparian or littoral rights or other rights to water use. No consumptive user is deemed
by virtue of this Water Quality Certification to possess any prescriptive or other right of priority with
respect to any other consumptive user regardless of the quantity of the withdrawal or the date on which
the withdrawal was initiated or expanded.
Upon the presentation of proper credentials, the Division may inspect the property.
D � � � North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mad Service Center I Raleigh, North Carolina 27699-1617
NORTH CAROLINA
919.707.9000

Elan University City c/o Greystar
DWR# 20220685
Individual Certification #WQC005227
Page 2 of 13
This Water Quality Certification shall expire on the same day as the expiration date of the corresponding
Section 404 Permit. The conditions shall remain in effect for the life of the project, regardless of the
expiration date of this Water Quality Certification.
Non-compliance with or violation of the conditions herein set forth may result in revocation of this
Water Quality Certification for the project and may also result in criminal and/or civil penalties.
If you are unable to comply with any of the conditions of this Water Quality Certification you must notify
the Mooresville Regional Office within 24 hours (or the next business day if a weekend or holiday) from
the time the permittee becomes aware of the circumstances.
The permittee shall report to the Mooresville Regional Office any noncompliance with, and/or any
violation of, stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment
impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the next
business day if a weekend or holiday) from the time the permittee became aware of the non-compliance
circumstances.
This approval and its conditions are final and binding unless contested [G.S. 143-215.5]. Please be aware
that impacting waters without first applying for and securing the issuance of a 401 Water Quality
Certification violates Title 15A of the North Carolina Administrative Code (NCAC) 2H .0500. Title 15A
NCAC 2H .0500 requires certifications pursuant to Section 401 of the Clean Water Act whenever
construction or operation of facilities will result in a discharge into navigable waters, including wetlands,
as described in 33 Code of Federal Regulations (CFR) Part 323. It also states any person desiring
issuance of the State certification or coverage under a general certification required by Section 401 of
the Federal Water Pollution Control Act shall file with the Director of the North Carolina Division of
Water Quality. Pursuant to G.S. 143-215.6A, these violations and any future violations are subject to a
civil penalty assessment of up to a maximum of $25,000.00 per day for each violation.
This Certification can be contested as provided in Chapter 150B of the North Carolina General Statutes by
filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative
Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter
150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code.
Additional information regarding requirements for filing a Petition and Petition forms may be accessed at
http://www.ncoah.com/ or by calling the OAH Clerk's Office at [phone].
A party filing a Petition must serve a copy of the Petition on:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
If the party filing the Petition is not the permittee, then the party must also serve the recipient of the
Certification in accordance with N.C.G.S 15013-23(a).
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
NORT CAROIINA 919.707.9000
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Elan University City c/o Greystar
DWR# 20220685
Individual Certification #WQC005227
Page 3 of 13
This letter completes the Division's review under section 401 of the Clean Water Act and 15A NCAC 02H
.0500. Please contact Doug Perez at 704-743-6872 or [e-mail] if you have any questions
or concerns.
Sincerely,
DocuSigned by:
F161FB69A2D84A3...
Andrew H. Pitner, P.G.
Assistant Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office, DEQ
Electronic cc: Daniel Kuefler, WEPG, [e-mail]
Crystal Amschler, USACE Regulatory Field Office, [e-mail]
Todd Bowers, EPA, [e-mail]
Ron Eubanks, Mecklenburg County, [e-mail]
Kelly Williams, DMS, [e-mail]
DWR 401 & Buffer Permitting Branch Electronic file
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mad Service Center I Raleigh, North Carolina 27699-1617
NORTH CAROLINQ 919.767.9666
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Elan University City c/o Greystar
DWR# 20220685
Individual Certification #WQC005227
Page 4 of 13
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION #WQC005227 is issued in conformity with the requirements of Section 401, Public Laws
92-500 and 95-217 of the United States and subject to North Carolina's Regulations in 15 NCAC 02H .0500
and 15A NCAC 02B .0200, to Josh Glover and Elan University City c/o Greystar, who have authorization for
the impacts listed below, as described within your application received by the N.C. Division of Water
Resources (Division) on May 18, 2022, and subsequent information on September 13, 2022, and by Public
Notice issued by the U. S. Army Corps of Engineers on May 19, 2022.
The State of North Carolina certifies that this activity will comply with water quality requirements and
the applicable portions of Sections 301, 302, 303, 306, 307 of the Public Laws 92-500 and PL 95-217 if
conducted in accordance with the application, the supporting documentation, and conditions
hereinafter set forth.
The following impacts are hereby approved. No other impacts are approved, including incidental
impacts. [15A NCAC 02H .0506(b)]
Type of Impact
Amount Approved (units)
Permanent
Amount Approved (units)
Temporary
Stream - Perennial
Culvert
142 (linear feet)
30 (linear feet)
404/401 Wetlands - BHF
BMP
0.392 (acres)
0 (acres)
This approval requires you to follow the conditions listed in the certification below.
CONDITIONS OF CERTIFICATION [15A NCAC 02H .0507(c)]:
1. Mitigation must be provided for the proposed impacts as specified in the table below. The
Division has received an acceptance letter from the NC Division of Mitigation Services (DMS) to
meet this mitigation requirement. Until the DMS receives and clears your payment, and proof
of payment has been provided to this Office, no impacts specified in this Authorization
Certificate shall occur. For accounting purposes, this Authorization Certificate authorizes
payment to the DMS to meet the following compensatory mitigation requirement [15A NCAC
02H .0506(c)]:
Compensatory
River and Sub -basin
Mitigation Required
Number
Wetlands
Yadkin (03040105)
0.392 (acres)
1:1 ratio
2. Stormwater Management: The applicant may provide documentation that the project will not
impair water quality to the receiving stream(s) from stormwater runoff or provide an approved
stormwater management plan. Any high density project and/or project that exceeds density
thresholds must provide a stormwater management plan for the entire project, for review and
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
NORT CAROIINA 919.707.9000
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Elan University City c/o Greystar
DWR# 20220685
Individual Certification #WQC005227
Page 5 of 13
approval including all forms and pertinent items that complies with the high density
development requirements. Low density development shall meet all condition for stormwater
management required by the state and be reviewed if required. The plan may be approved by
the Division, State Stormwater Program or a local delegated authority. The plan shall consider
the impact of the volume and velocity of discharge and runoff to the receiving stream and
adjacent riparian areas to prevent scouring and erosions of the features.
Citation: 15A NCAC 021J.1017, 15A NAC 02H .1003 (2)(a), 15 NCAC 028 .0614 (8), 15A NCAC 028
. 0607(h)
Justification: In order to protect against impairment of water quality standards and best usage of
receiving and downstream waters, water quality based management practices must be
employed to protect against direct or indirect discharge of waste or other sources of water
pollution. Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule (including, at minimum: aquatic life propagation, survival,
and maintenance of biological integrity, wildlife, secondary contact recreation, agriculture) and
that activities must not cause water pollution that precludes any best use on a short-term or
long-term basis. In determining that the proposed activity will comply with state water quality
standards (including designated uses, numeric criteria, narrative criteria and the state's
antidegradation policy), the Division must evaluate if the activity has avoided and minimized
impacts to waters, would cause or contribute to a violation of standards, or would result in
secondary or cumulative impacts
Diversion Ditches and other storm water conveyances as related to the sediment and erosion
control measures shall be matted and/or stabilized to reduce sediment loss and turbidity. This
includes interior/exterior slopes of sediment basins.
Citation: 15A NCAC 02H .0506 (b)(3) and (c)(3)
Justification: Failure to reduce erosion of runoff conveyances and to provide for maximum
reduction of erosion on areas not related to ongoing construction, shortens basin holding times,
increases turbidity of discharge and creates a greater potential of bypass discharge.
4. Bare/fill slopes in excess of 10 feet in height and within 30 feet of surface waters shall be
matted.
Citation: 15A NCAC 02H .0506 (b)(1) and 15A NCAC 02H .502 (c)
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. In determining that the proposed activity will
comply with state water quality standards (including designated uses, numeric criteria, narrative
criteria and the state's antidegradation policy), the Division must evaluate if the activity has
avoided and minimized impacts to waters, would cause or contribute to a violation of standards
or would result in secondary or cumulative impacts
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
NORT OARO IINA 919.707.9000
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Elan University City c/o Greystar
DWR# 20220685
Individual Certification #WQC005227
Page 6 of 13
5. The permittee shall report to the DWR Mooresville Regional Office any noncompliance with,
and/or any violation of, stream or wetland standards [15A NCAC 02B .0200], including but not
limited to sediment impacts to streams or wetlands. Information shall be provided orally within
24 hours (or the next business day if a weekend or holiday) from the time the permittee became
aware of the non-compliance circumstances.
Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c)
Justification: Timely reporting of non-compliance is important in identifying and minimizing
detrimental impacts to water quality and avoiding impacts due to water pollution that precludes
any best use on a short-term or long-term basis.
6. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the footprint
of the approved impacts (including temporary impacts).
Citation: 15A NCAC 02H .0506, 15A NCAC 02H .0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule (including, at minimum: aquatic life propagation, survival,
and maintenance of biological integrity, wildlife, secondary contact recreation, agriculture), and
that activities must not cause water pollution that precludes any best use on a short-term or
long-term basis.
7. All activities shall be in compliance with any applicable State Regulated Riparian Buffer Rules in
Chapter 2B of Title 15A in the North Carolina Administrative Code.
Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c)
Justification: The referenced Riparian Buffer rules were adopted to address water quality
impairments and further protect existing uses.
When applicable, all construction activities shall be performed and maintained in full
compliance with G.S. Chapter 113A Article 4 (Sediment and Pollution Control Act of 1973).
Regardless of applicability of the Sediment and Pollution Control Act, all projects shall
incorporate appropriate Best Management Practices for the control of sediment and erosion so
that no violations of state water quality standards, statutes, or rules occur.
Design, installation, operation, and maintenance of all sediment and erosion control measures
shall be equal to or exceed the requirements specified in the most recent version of the North
Carolina Sediment and Erosion Control Manual, or for linear transportation projects, the North
Caroline Department of Transportation Sediment and Erosion Control Manual.
All devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) sites,
including contractor -owned or leased borrow pits associated with the project. Sufficient
materials required for stabilization and/or repair of erosion control measures and stormwater
routing and treatment shall be on site at all times.
For borrow pit sites, the erosion and sediment control measures shall be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
North Carolina Department of Environmental Quality I Division of Water Resources
D E Q�� 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
NORTH CAROI INA
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Elan University City c/o Greystar
DWR# 20220685
Individual Certification #WQC005227
Page 7 of 13
Surface Mining Manual. Reclamation measures and implementation shall comply with the
reclamation in accordance with the requirements of the Sedimentation Pollution Control Act
and the Mining Act of 1971.
If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs), SA, WS-
I, WS-II, High Quality Waters (HQW), or Outstanding Resource Waters (ORW), then the
sedimentation and erosion control designs shall comply with the requirements set forth in 15A
NCAC 0413.0124, Design Standards in Sensitive Watersheds.
Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c), 15A NCACO28 .0200, 15A NCAC 028
.0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12)
Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render
the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or
adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated
uses, and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units
(NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs
designated as trout waters, for lakes and reservoirs not designated as trout waters, the turbidity
shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions,
the existing turbidity level shall not be increased. As cited in Wetland Standards: (c)(1) Liquids,
fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse
impacts on existing wetland uses, and (3) Materials producing color or odor shall not be present
in amounts that may cause adverse impacts on existing wetland uses.
Sediment and erosion control measures shall not be installed in wetland or waters except within
the footprint of temporary or permanent impacts otherwise authorized by this Certification. If
placed within authorized impact areas, then placement of such measures shall not be conducted
in a manner that results in dis-equilibrium of any wetlands, streambeds, or streambanks. Any
silt fence installed within wetlands shall be removed from wetlands and the natural grade
restored within two (2) months of the date that DEMLR or locally delegated program has
released the specific area within the project to ensure wetland standards are maintained upon
completion of the project.
Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c), 15A NCAC 028 .0200, 15A NCAC 028
.0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12)
Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render
the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or
adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated
uses, and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units
(NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs
designated as trout waters, for lakes and reservoirs not designated as trout waters, the turbidity
North Carolina Department of Environmental Quality I Division of Water Resources
D E Q�� 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
NORTH CAROI INA
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Elan University City c/o Greystar
DWR# 20220685
Individual Certification #WQC005227
Page 8 of 13
shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions,
the existing turbidity level shall not be increased. As cited in Wetland Standards: (c)(1) Liquids,
fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse
impacts on existing wetland uses, and (3) Materials producing color or odor shall not be present
in amounts that may cause adverse impacts on existing wetland uses.
10. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used
along streambanks or within wetlands.
Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c)
Justification: A project that affects waters shall not be permitted unless the existing uses
(including aquatic life propagation and biological integrity), and the water quality to protect
such uses, are protected. Protections are necessary to ensure any remaining surface waters or
wetlands, and any surface waters or wetlands downstream, continue to support existing uses
during and after project completion. The Division must evaluate if the activity has avoided and
minimized impacts to waters, would cause or contribute to a violation of standards, or would
result in secondary or cumulative impacts.
11. If the project is covered by NPDES Construction Stormwater Permit Number NCGO10000 or
NPDES Construction Stormwater Permit Number NCG250000, full compliance with permit
conditions including the erosion & sedimentation control plan, inspections and maintenance,
self -monitoring, record keeping and reporting requirements is required.
Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c); 15A NCAC 028 .0200, 15A NCAC 028
.0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12)
Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render
the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or
adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated
uses, and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units
(NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs
designated as trout waters, for lakes and reservoirs not designated as trout waters, the turbidity
shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions,
the existing turbidity level shall not be increased. As cited in Wetland Standards: (c)(1) Liquids,
fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse
impacts on existing wetland uses, and (3) Materials producing color or odor shall not be present
in amounts that may cause adverse impacts on existing wetland uses.
12. All work in or adjacent to streams shall be conducted so that the flowing stream does not come
in contact with the disturbed area. Approved best management practices from the most current
version of the NC Sediment and Erosion Control Manual, or the NC Department of
Transportation Construction and Maintenance Activities Manual, such as sandbags, rock berms,
cofferdams, and other diversion structures shall be used to minimize excavation in flowing
water.
North Carolina Department of Environmental Quality I Division of Water Resources
D E Q�� 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
NORTH CAROI INA
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Elan University City c/o Greystar
DWR# 20220685
Individual Certification #WQC005227
Page 9 of 13
Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c), 15A NCAC 028 .0200
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule, and that activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12)
Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render
the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or
adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated
uses, and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units
(NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs
designated as trout waters, for lakes and reservoirs not designated as trout waters, the turbidity
shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions,
the existing turbidity level shall not be increased.
13. Culverts shall be designed and installed in such a manner that the original stream profiles are
not altered and allow for aquatic life movement during low flows. The dimension, pattern, and
profile of the stream above and below a pipe or culvert shall not be modified by widening the
stream channel or by reducing the depth of the stream in connection with the construction
activity. The width, height, and gradient of a proposed culvert shall be such as to pass the
average historical low flow and spring flow without adversely altering flow velocity. If the width
of the culvert is wider than the stream channel, the culvert shall include multiple boxes/pipes,
baffles, benches and/or sills to maintain the natural width of the stream channel. If multiple
culverts/pipes/barrels are used, low flows shall be accommodated in one culvert/pipe and
additional culverts/pipes shall be installed such that they receive only flows above bankfull.
Placement of culverts and other structures in streams shall be below the elevation of the
streambed by one foot for all culverts with a diameter greater than 48 inches, and 20% of the
culvert diameter for culverts having a diameter less than or equal to 48 inches, to allow low flow
passage of water and aquatic life. If the culvert outlet is submerged within a pool or scour hole
and designed to provide for aquatic passage, then culvert burial into the streambed is not
required.
For structures less than 72" in diameter/width, and topographic constraints indicate culvert
slopes of greater than 2.5% culvert burial is not required, provided that all alternative options
for flattening the slope have been investigated and aquatic life movement/connectivity has
been provided when possible (e.g. rock ladders, cross -vanes, sills, baffles etc.). Notification,
including supporting documentation to include a location map of the culvert, culvert profile
drawings, and slope calculations, shall be provided to DWR 30 calendar days prior to the
installation of the culvert.
When bedrock is present in culvert locations, culvert burial is not required, provided that there
is sufficient documentation of the presence of bedrock. Notification, including supporting
documentation such as a location map of the culvert, geotechnical reports, photographs, etc.
shall be provided to DWR a minimum of 30 calendar days prior to the installation of the culvert.
If bedrock is discovered during construction, then DWR shall be notified by phone or email
within 24 hours of discovery.
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
NORT CAROIINA 919.707.9000
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Elan University City c/o Greystar
DWR# 20220685
Individual Certification #WQC005227
Page 10 of 13
Installation of culverts in wetlands shall ensure continuity of water movement and be designed
to adequately accommodate high water or flood conditions. When roadways, causeways, or
other fill projects are constructed across FEMA-designated floodways or wetlands, openings
such as culverts or bridges shall be provided to maintain the natural hydrology of the system as
well as prevent constriction of the floodway that may result in destabilization of streams or
wetlands.
The establishment of native woody vegetation and other soft stream bank stabilization
techniques shall be used where practicable instead of rip -rap or other bank hardening methods.
Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule, and that activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. Ensuring that structures are installed
properly in waters will ensure that surface water quality standards are met and conditions of
waters are suitable for all best uses.
14. If concrete is used during construction, then all necessary measures shall be taken to prevent
direct contact between uncured or curing concrete and waters of the state. Water that
inadvertently contacts uncured concrete shall not be discharged to waters of the state.
Citation: 15A 02H .0506(b), 15A NCAC 02H .0507(c), 15A NCAC 028 .0200, 15A NCAC 028 .0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12)
Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render
the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or
adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated
uses. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not
be present in amounts that may cause adverse impacts on existing wetland uses, and (3)
Materials producing color or odor shall not be present in amounts that may cause adverse
impacts on existing wetland uses.
15. All proposed and approved temporary fill and culverts shall be removed and the impacted area
shall be returned to natural conditions within 60 calendar days after the temporary impact is no
longer necessary. The impacted areas shall be restored to original grade, including each
stream's original cross -sectional dimensions, planform pattern, and longitudinal bed profile. All
temporarily impacted sites shall be restored and stabilized with native vegetation.
Citation: 15A NCAC 02H.0506(b), 15A NCAC 02H .0507(c)
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Protections are necessary to ensure any
remaining surface waters or wetlands, and any surface waters or wetlands downstream,
continue to support existing uses after project completion.
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
NORT CAROIINA 919.707.9000
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Elan University City c/o Greystar
DWR# 20220685
Individual Certification #WQC005227
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16. All proposed and approved temporary pipes/culverts/rip-rap pads etc. in streams or wetlands
shall be installed as outlined in the most recent edition of the North Carolina Sediment and
Erosion Control Planning and Design Manual or the North Carolina Surface Mining Manual or
the North Carolina Department of Transportation Best Management Practices for Construction
and Maintenance Activities so as not to restrict stream flow or cause dis-equilibrium during use
of this Certification.
Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule, and that activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. Ensuring that structures are installed
properly in waters will ensure that surface water quality standards are met and conditions of
waters are suitable for all best uses.
17. Any rip -rap required for proper culvert placement, stream stabilization, or restoration of
temporarily disturbed areas shall be restricted to the area directly impacted by the approved
construction activity. All rip -rap shall be placed such that the original streambed elevation and
streambank contours are restored and maintained and shall consist of clean rock or masonry
material free of debris or toxic pollutants. Placement of rip -rap or other approved materials
shall not result in de -stabilization of the stream bed or banks upstream or downstream of the
area or be installed in a manner that precludes aquatic life passage.
Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule, and that activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. The Division must evaluate if the
activity has avoided and minimized impacts to waters, would cause or contribute to a violation
of standards, or would result in secondary or cumulative impacts.
18. All mechanized equipment operated near surface waters shall be inspected and maintained
regularly to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids, or
other toxic materials. Construction shall be staged in order to minimize the exposure of
equipment to surface waters to the maximum extent practicable. Fueling, lubrication, and
general equipment maintenance shall be performed in a manner to prevent, to the maximum
extent practicable, contamination of surface waters by fuels and oils.
Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c), 15A NCAC 02B .0200, 15A NCAC 02B
.0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12)
Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render
the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or
adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated
uses. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not
North Carolina Department of Environmental Quality I Division of Water Resources
D E Q�� 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
NORTH CAROI INA
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Elan University City c/o Greystar
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Individual Certification #WQC005227
Page 12 of 13
be present in amounts that may cause adverse impacts on existing wetland uses, and (3)
Materials producing color or odor shall not be present in amounts that may cause adverse
impacts on existing wetland uses.
19. Heavy equipment working in wetlands shall be placed on mats or other measures shall be taken
to minimize soil disturbance and compaction.
Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c), 15A NCAC 028 .0231
Justification: Wetland standards require maintenance or enhancement of existing uses of
wetlands such that hydrologic conditions necessary to support natural biological and physical
characteristics are protected, populations of wetland flora and fauna are maintained to protect
biological integrity of the wetland; and materials or substances are not present in amounts that
may cause adverse impact on existing wetland uses.
20. In accordance with 143-215.85(b), the permittee shall report any petroleum spill of 25 gallons or
more; any spill regardless of amount that causes a sheen on surface waters; any petroleum spill
regardless of amount occurring within 100 feet of surface waters; and any petroleum spill less
than 25 gallons that cannot be cleaned up within 24 hours.
Citation: 15A NCAC 02H .0507(c), N.C.G.S 143-215.85(b)
Justification: Person(s) owning or having control over oil or other substances upon notice of
discharge must immediately notify the Department, or any of its agents or employees, of the
nature, location, and time of the discharge and of the measures which are being taken or are
proposed to be taken to contain and remove the discharge. This action is required in order to
contain or divert the substances to prevent entry into the surface waters. Surface water quality
standards require that conditions of waters be suitable for all best uses provided for in state rule
(including, at minimum: aquatic life propagation, survival, and maintenance of biological
integrity, wildlife, secondary contact recreation, agriculture), and that activities must not cause
water pollution that precludes any best use on a short-term or long-term basis.
21. The permittee and their authorized agents shall conduct all activities in a manner consistent
with State water quality standards (including any requirements resulting from compliance with
§303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal
Law.
Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule, and that activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. The Division must evaluate if the
activity has avoided and minimized impacts to waters, would cause or contribute to a violation
of standards, or would result in secondary or cumulative impacts.
22. The permittee shall require its contractors and/or agents to comply with the terms and
conditions of this certification in the construction and maintenance of this project, and shall
provide each of its contractors and/or agents associated with the construction or maintenance
of this project with a copy of this Water Quality Certification. A copy of this Water Quality
North Carolina Department of Environmental Quality I Division of Water Resources
D E Q�� 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
NORTH CAROI INA
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Elan University City c/o Greystar
DWR# 20220685
Individual Certification #WQC005227
Page 13 of 13
Certification shall be available at the project site during the construction and maintenance of
this project.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: Those actually performing the work should be aware of the requirements of this
401 Water Quality Certification to minimize water quality impacts.
This approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in
your application shall expire upon expiration of the 404 Permit. The conditions in effect on the date of
issuance shall remain in effect for the life of the project, regardless of the expiration date of this
Certification. [15A NCAC 02H .0507(c)]
This, the 4th day of October 2022
DocuSigned by:
F161FB69A2D84A3...
Andrew H. Pitner, P.G.
Assistant Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office, DEQ
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mad Service Center I Raleigh, North Carolina 27699-1617
NORTH CAROLINQ 919.767.9666
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