20230497 Ver 1_ePCN Application_20230331

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DWR
IHYlglon of Water Resources
Initial Review
Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
April 13, 2022 Ver 4.3
Has this project met the requirements for acceptance in to the review process?*
Yes
No
Is this project a public transportation project?*
Yes No
Change only if needed.
Pre -Filing Meeting Date Request was submitted on:
1 /23/2023
BIMS # Assigned*
20230497
Is a payment required for this project?*
No payment required
Fee received
Fee needed - send electronic notification
Reviewing Office*
Mooresville Regional
Office - [phone]
Version#*
1
What amout is owed?*
$240.00
$570.00
Select Project Reviewer*
Andrew
Pitner:[e-mail]
Information for Initial Review
1a. Name of project:
Nations Ford Road
la. Who is the Primary Contact?*
Amber Lipsky
1 b. Primary Contact Email:*
amber.lipsky@wetlands-
epg.com
Date Submitted
3/31 /2023
Nearest Body of Water
Sugar Creek
Basin
Catawba
1c. Primary Contact Phone:*
[phone]
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Water Classification
C
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Site Coordinates
....................................................................................................................................................
Latitude: Longitude:
35.1779-80.8899
A. Processing Information
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Mecklenburg
Is this a NCDMS Project
Yes No
Is this project a public transportation project?*
Yes No
1a. Type(s) of approval sought from the Corps:
Section 404 Permit (wetlands, streams and waters, Clean Water Act)
Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
Has this PCN previously been submitted?*
Yes
No
1 b. What type(s) of permit(s) do you wish to seek authorization?
Nationwide Permit (NWP)
Regional General Permit (RGP)
Standard (IP)
1c. Has the NWP or GP number been verified by the Corps?
Yes No
Nationwide Permit (NWP)
Number:
NWP Numbers (for multiple NWPS):
29 - Residential Developments
1d. Type(s) of approval sought from the DWR:
401 Water Quality Certification - Regular O 401 Water Quality Certification - Express
Non-404 Jurisdictional General Permit Riparian Buffer Authorization
Individual 401 Water Quality Certification
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1e. Is this notification solely for the record because written
approval is not required?
For the record only for DWR 401 Certification: Yes No
For the record only for Corps Permit: Yes No
1f. Is this an after -the -fact permit application?*
Yes No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
1 h. Is the project located in any of NC's twenty coastal counties?
Yes No
1 j. Is the project located in a designated trout watershed?
" Yes No
B. Applicant Information
1d. Who is applying for the permit?
Owner Applicant (other than owner)
le. Is there an Agent/Consultant for this project?*
Yes No
2. Owner Information
2a. Name(s) on recorded deed:
CALVIN KENLEY JR
2b. Deed book and page no.:
2c. Contact Person:
CALVIN KENLEY JR
2d. Address
Street Address
129 CEDAR BLUFF LANE
Address Line 2
City
State / Province / Region
MOORESVILLE
NC
Postal / Zip Code
Country
28117
USA
2e. Telephone Number:
2f. Fax Number:
[phone]
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2g. Email Address:*
[e-mail]
2a. Name(s) on recorded deed:
VIRGINIA KENLEY McKNIGHT, WALTER CALVIN
KENLEY JR, TERESA KENLEY KEATON
2b. Deed book and page no.:
2c. Contact Person:
CALVIN KENLEY JR
2d. Address
Street Address
2301 HUNTINGTOWNE FARM LANE
Address Line 2
City
CHARLOTTE
Postal / Zip Code
28210
2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
2a. Name(s) on recorded deed:
CTG PROPERTIES LLC
2b. Deed book and page no.:
2c. Contact Person:
CALVIN KENLEY JR
2d. Address
Street Address
P.O. BOX 2284
Address Line 2
City
BANNER ELK
Postal / Zip Code
28604
2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
............................................................................
2a. Name(s) on recorded deed:
KENLEY FAMILY PARTNERSHIP
2b. Deed book and page no.:
2c. Contact Person:
CALVIN KENLEY JR
State / Province / Region
NC
Country
USA
2f. Fax Number:
State / Province / Region
NC
Country
USA
2f. Fax Number:
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2d. Address
Street Address
P.O. BOX 2304
Address Line 2
City
State / Province / Region
BANNER ELK
NC
Postal / Zip Code
Country
28604
USA
2e. Telephone Number:
[phone] 2f. Fax Number:
2g. Email Address:*
[e-mail]
2a. Name(s) on recorded deed:
KEN -RAY PROPERTIES LLC
2b. Deed book and page no.:
2c. Contact Person:
CALVIN KENLEY JR
2d. Address
Street Address
12700 WITHERS COVE ROAD
Address Line 2
City
State / Province / Region
CHARLOTTE
NC
Postal / Zip Code
Country
28278
USA
2e. Telephone Number:
[phone] 2f. Fax Number:
2g. Email Address:*
[e-mail]
...... .......................
2a. Name(s) on recorded deed:
D. MacRAY ELLIOTT
2b. Deed book and page no.:
2c. Contact Person:
2d. Address
Street Address
12700 WITHERS COVE ROAD
Address Line 2
City
State / Province / Region
CHARLOTTE
NC
Postal / Zip Code
Country
28278
USA
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2e. Telephone Number:
2f. Fax Number:
[phone]
2g. Email Address:*
[e-mail]
3. Applicant Information (if different from owner)
3a. Name:
Josh Glover
3b. Business Name:
Greystar Development East, LLC
3c. Address
Street Address
521 E Morehead Street
Address Line 2
Suite 400
City
State / Province / Region
Charlotte
NC
Postal / Zip Code
Country
28202
USA
3d. Telephone Number:
[phone] 3e. Fax Number:
3f. Email Address:*
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Amber Lipsky
4b. Business Name:
Wetlands & Environmental Planning Group, PLLC
4c. Address
Street Address
10612-D Providence Road
Address Line 2
PMB 550
City
State / Province / Region
Charlotte
NC
Postal / Zip Code
Country
28277
USA
4d. Telephone Number:
[phone] 4e. Fax Number:
4f. Email Address:*
daniel. [e-mail]
C. Project Information and Prior Project History
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1. Project Information
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1 b. Subdivision name:
(if appropriate)
1c. Nearest municipality 1 town:
Charlotte
2. Project Identification
2a. Property Identification Number:
16904230,16904229,
16904224, 16904225, 2b. Property size:
16904227, 16904228 10.97
2c. Project Address
Street Address
Address Line 2
City State / Province / Region
Postal / Zip Code Country
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Sugar Creek
3b. Water Resources Classification of nearest receiving water:*
C
3c. What river basin(s) is your project located in?*
Catawba
3d. Please provide the 12-digit HUC in which the project is located.
030501030103
4. Project Description and History
4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at
the time of this application:*
The site is located just southeast of S. Tryon Street and just east of Nations Ford Road, in Charlotte,
NC. The elevation is approximately 690-720 ft. The site is primarily covered by an urban, small
commercial business/shopping complex with a disturbed wooded stream buffer to the rear of the
property adjacent to a railroad corridor.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases)
in the past?*
O Yes No Unknown
4f. List the total estimated acreage of all existing wetlands on the property:
0.017
4g. List the total estimated linear feet of all existing streams on the property:
540
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4h. Explain the purpose of the proposed project:*
The proposed residential development proposes impacts to one stream for a road crossing.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be
used:*
Fill and grading of the site will use standard equipment, excavator, dump truck, track hoe, etc.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes No Unknown
Comments:
5b. If the Corps made a jurisdictional determination, what type of determination was made?*
Preliminary Approved 0 Not Verified 0 Unknown Q N/A
Corps AID Number:
SAW-2022-01576
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Heath Caldwell, Nic Nelson
Agency/Consultant WEPG
Company:
Other:
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was
made by the Corps or DWR
This site was verified by B. Roden -Reynolds (USAGE) on 7/26/22. A copy of the signed JD approval is
included in the Jurisdictional Determination Information section.
6. Future Project Plans
6a. Is this a phased project?*
Yes No
Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used,
to authorize any part of the proposed project or related activity?
D. Proposed Impacts Inventory
1. Impacts Summary
1a. Where are the impacts associated with your project? (check all that apply):
Wetlands Streams -tributaries Buffers
Open Waters Pond Construction
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2. Wetland Impacts
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2a. Site
2a1 Reason
2b. Impact
2d. W. name
2e.
2f. Type of
2g.
2c. Type of W.
type*
Forested
Jurisdicition
Impact
r1l
(?)
area
ffl�-]
P
Headwater
Forest
Wetland B
Yes
Corps
0.005
(acres)
2g. Total Temporary Wetland Impact
0.000
2g. Total Wetland Impact
0.005
2i. Comments:
Grading associated with road crossing
3. Stream Impacts
2g. Total Permanent Wetland Impact
0.005
3a. Reason for
impact (?)
3b.lmpact
type*
3c. Type of
impact*
3d. S. name*
3e.
Stream
Type* (?)
3f. Type of
Jurisdiction
3g. S.
idth
3h.
Impact
length*
S1
Road
Perman
Culvert
Stream A
Intermitt
Corps
5
64
Crossing
ent
ent
Average
(linear
(feet)
feet)
S2
Road
Tempor
Workpad/C
Stream A
Intermitt
50Crossing
ary
auseway
ent
ff:]N
(linearet)
feet)
3i. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts
64
3i. Total stream and ditch impacts:
114
3j. Comments:
S1- 0.009 AC
S2- 0.006 AC
3i. Total temporary stream impacts:
50
E. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the
project:
Impacts associated with the proposed development were limited through site
selection, design, and location/orientation of the proposed lots and access routes.
The applicant has demonstrated avoidance and minimization efforts by limiting
impacts to WOTUS to one road crossing and avoiding 88% of onsite streams and
71 % of onsite wetlands.
r
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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?
Yes No
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
Due to limited site impacts, no mitigation is proposed.
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
1. Diffuse Flow Plan
la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC
Riparian Buffer Protection Rules?
Yes No
If no, explain why:
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?*
Yes No
2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H
.1003(2)?
Yes No
2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state
stormwater program or state -approved local government stormwater program?
Yes No
N/A - project disturbs < 1 acre
2d. Which of the following stormwater management program(s) apply:
Local Government State
Local Government Stormwater Programs
Phase II NSW USMP Water Supply
Please identify which local government stormwater program you are using.
City of Charlotte
Comments:
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.
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G. Supplementary Information
1. Environmental Documentation
la. Does the project involve an expenditure of public (fed erallstatellocal) funds or the use of public
(federallstate) land?*
Yes No
2. Violations (DWR Requirement)
2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or Riparian Buffer
Rules (15A NCAC 2B .0200)?*
Yes No
3. Cumulative Impacts (DWR Requirement)
3a. Will this project result in additional development, which could impact nearby downstream water
quality?*
Yes No
3b. If you answered "no," provide a short narrative description.
No additional phases proposed.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
Yes No N/A
4b. Describe, in detail, the treatment methods and dispositions (non -discharge or discharge) of
wastewater generated from the proposed project. If the wastewater will be treated at a treatment plant,
list the capacity available at that plant.
Wastewater generated on the site will be transported to the nearest treatment facility
via sewer lines.
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or habitat?*
Yes No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?*
Yes No
5c. If yes, indicate the USFWS Field Office you have contacted.
Asheville
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5d. Is another Federal agency involved?*
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Yes No Unknown
5e. Is this a DOT project located within Division's 1-8?
Yes No
5f. Will you cut any trees in order to conduct the work in waters of the U.S.?
Yes No
5g. Does this project involve bridge maintenance or removal?
Yes No
5h. Does this project involve the constructionlinstallation of a wind turbine(s)?*
Yes No
5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by
machines, such as jackhammers, mechanized pile drivers, etc.?
Yes No
5j. What data sources did you use to determine whether your site would impact Endangered Species or
Designated Critical Habitat?
A threatened and endangered species assessment was conducted in which no
species were identified. Habitat may occur for the Northern long-eared b at but the
project is except as described in the attached T&E report. Also attached is the FWS
concurrence response.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?*
Yes No
6b. What data sources did you use to determine whether your site would impact an Essential Fish
Habitat?*
No essential fish habitat in this region.
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal governments have designated
as having historic or cultural preservation status?*
Yes No
7b. What data sources did you use to determine whether your site would impact historic or archeological
resources?*
SHPO's website: https:Hnc.maps.arcgis.com/
Report from R.S. Webb & Associates
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?*
Yes No
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8c. What source(s) did you use to make the floodplain determination?*
www.fema.gov
https://polaris3g.mecklenburgcountync.gov/
Miscellaneous
Please use the space below to attach all required documentation or any additional information you feel is
helpful for application review. Documents should be combined into one file when possible, with a Cover
Letter, Table of Contents, and a Cover Sheet for each Section preferred.
Click the upload button or drag and drop files here to attach document
Nations Ford PCN.pdf 6.94MB
File must be PDF or KMZ
Comments
A complete PCN package is attached
Signature
By checking the box and signing below, I certify that:
• The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and
belief'; and
• The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within
the applicable reasonable period of time.
• 1 have given true, accurate, and complete information on this form;
• 1 agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic
Transactions Act");
• 1 agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic
Transactions Act");
• 1 understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND
• 1 intend to electronically sign and submit the PCN form.
Full Name:
Amber Lipsky
Signature
Date
3/31 /2023
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WEPG
Preliminary ORM Data Entry Fields for New Actions Wetlands and Environmental Planning Group
Leonard S. Rindner, PLLC.
SAW — 2022 - 01576 BEGIN DATE [Received Date]:
Prepare file folder ❑
1. Project Name [PCN Form A2a]: 4809 S Tryon Street
2. Work Type: Private❑ Institutional ❑
3. Project Description / Purpose [PCN Form 133d and 133e]:
PCN request
Assign Action ID Number in ORM ❑
Government ❑ Commercial ❑
4. Property Owner / Applicant [PCN Form A3 or A4]:
Greystar (Applicant)
5. Agent / Consultant [PCN Form A5 —or ORM Consultant ID Number]: WEPG, PLLC c/o Amber Lipsky
6. Related Action ID Number(s) [PCN Form 135b]:
7. Project Location - Coordinates, Street Address, and/or Location Description [PCN Form 131b]:
35.1779, 80.8899
S Tryon Street and Nation's Ford Road, Charlotte, NC
8. Project Location -Tax Parcel ID [PCN Form 131a]: 16904230, 169042291, 16904224, 16904225, 16904227, 16904228
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]: Sugar Creek
12. Watershed / 8-Digit Hydrologic Unit Code [PCN Form B2c]:Catawba (03050103)
Authorization: Section 10 ❑ Section 404 �✓ Section 10 & 404 ❑
Regulatory Action Type:
❑ Standard Permit
U Nationwide Permit # 29
❑ Regional General Permit #
Jurisdictional Determination Request
❑Pre -Application Request
Unauthorized Activity
❑ Compliance
❑ No Permit Required
001 0W411IW1L069%

Wetlands and Environmental Planning Group
Leonard S. Rindner, PLLC.
March 31, 2023
Ms. Meagan Jolly
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 Wcjoski
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: Pre -Construction Notification for NWP #29 for the Nations Ford Road site in
Charlotte, Mecklenburg County, North Carolina
Ms. Jolly, Messrs. Pitner, Wcjoski, and Hamstead,
Enclosed is a request for Nationwide Permit 929 for the Nations Ford Road site on 10.97 acres
located east of the intersection of Nations Ford Road and South Tryon Street in Charlotte, NC.
The site is a proposed residential development and consists of one stream and one wetland. A
Preliminary Jurisdictional Determination for the site was verified in July 2022. Please refer to the
Jurisdictional Determination Information for information on onsite surface waters.
As shown on the attached exhibits, the proposed project will include permanent impacts to one
stream for a road crossing and permanent impacts to one wetland for grading associated with the
road crossing. Temporary impacts are limited to construction access to install the proposed
impacts. Total permanent impacts proposed include 64 linear feet (0.009 acres) of stream impact
(Stream A) and 0.005 AC of wetland impact (Wetland B). The proposed crossing was necessary
for site connectivity and emergency vehicle access.
Charlotte Office: www.wetlands-epg.com Asheville Office:
10612-D Providence Rd. 1070 Tunnel Rd., Bldg. I
PMB 550 Suite 10, PM 283
Charlotte, NC 28277 Asheville, NC 28805
[phone] 1
len. ri [e-mail]

Wetlands and Environmental Planning Group
Leonard S. Rindner, PLLC.
Overall impacts to site surface waters associated with the proposed development were limited
through site selection location, design, and the 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. Retaining walls will be
used to minimize impacts. The applicant has demonstrated avoidance and minimization efforts
by dedicating avoiding 88% of onsite streams and 71% of onsite wetlands. Due to limited site
impacts, no mitigation is proposed.
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. 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.amber.lipskygwetlands-epg.com.
Sincerely,
i
Amber Lipsky, WPIT Daniel Kuefler, PWS
Environmental Scientist Environmental Scientist
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] 2
[e-mail]

C
O
V
d
d
Q
L.
N
CL
Permit Application

w A rE�QG
T.
Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.4 January 2009
Pre -Construction Notification (PCN) Form
A.
Applicant Information
1.
Processing
1 a.
Type(s) of approval sought from the Corps:
❑X Section 404 Permit ❑ Section 10 Permit
1 b.
Specify Nationwide Permit (NWP) number: 29 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.
❑ Yes ❑X 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:
Nations Ford Road
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:
Kenley Family Partnership
3b.
Deed Book and Page No.
3c.
Responsible Party (for LLC if
applicable):
Calvin Kenley Jr
3d.
Street address:
P.O. BOX 2304
3e.
City, state, zip:
Banner Elk, NC 28604
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 ❑X Other, specify: Developer
4b.
Name:
Josh Glover
4c.
Business name
(if applicable):
Greystar Development East, LLC
4d.
Street address:
521 E Morehead Street, Suite 400
4e.
City, state, zip:
Charlotte, NC 28202
4f.
Telephone no.:
[phone]
4g.
Fax no.:
4h.
Email address:
[e-mail]
5.
Agent/Consultant Information (if applicable)
5a.
Name:
Amber Lipsky
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):
please see attached parcel map
1 b.
Site coordinates (in decimal degrees):
Latitude: 35.1779 Longitude:-80.8899
1c.
Property size:
10.97 acres
2.
Surface Waters
2a.
Name of nearest body of water to proposed project:
Sugar Creek
2b.
Water Quality Classification of nearest receiving water:
C
2c.
River basin:
Catawba/030501030103
3.
Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
The site is located just southeast of S. Tryon Street and just east of Nations Ford Road, in Charlotte, NC. The elevation is approximately 690-720 ft.
The site is primarily covered by an urban, small commercial business/shopping complex with a disturbed wooded stream buffer to the rear of the
property adjacent to a railroad corridor.
3b.
List the total estimated acreage of all existing wetlands on the property: 0.017
3c.
List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 540
3d. Explain the purpose of the proposed project:
The proposed residential development proposes impacts to one stream for a road crossing.
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 (includingall prior phases)in the past?
❑X Yes ❑ No ❑ Unknown
Comments:
4b.
If the Corps made the jurisdictional determination, what type
of determination was made?
❑X Preliminary ❑ Final
4c.
If yes, who delineated the jurisdictional areas?
Name (if known): Heath Caldwell, Nic Nelson
Agency/Consultant Company:
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
This site was verified by B. Roden -Reynolds (USACE) on 7/26/22. A copy of the signed JD approval is included in the Jurisdictional Determination
Information section.
5.
Project History
5a.
Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past?
❑Yes ❑X No ❑ Unknown
5b.
If yes, explain in detail according to "help file" instructions.
6.
Future Project Plans
6a.
Is this a phased project?
❑ Yes ❑X No
6b.
If yes, explain.
Page 3 of 10
PCN Form — Version 1.4 January 2009

C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
❑X Wetlands ❑X Streams —tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a.
Wetland impact
number
Permanent (P) or
Temporary T
2b.
Type of impact
2c.
Type of wetland
2d.
Forested
2e.
Type of jurisdiction
Corps (404,10) or
DWQ (401, other)
2f.
Area of
impact
(acres)
W1 P
Fill
Headwater Wetland
Yes
Corps
0.005
W2
Choose one
Choose one
Yes/No
W3
Choose one
Choose one
Yes/No
W4
Choose one
Choose one
Yes/No
W5
Choose one
Choose one
Yes/No
W6
Choose one
Choose one
Yes/No
2g. Total Wetland Impacts:
0.005
2h. Comments:
Grading associated with road crossing
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a.
Stream impact
number
Permanent (P) or
Temporary (T)
3b.
Type of impact
3c.
Stream name
3d.
Perennial (PER) or
intermittent (INT)?
3e.
Type of
jurisdiction
3f.
Average
stream
width
(feet)
3g.
Impact
length
(linear
feet)
S1 P
Culvert
Stream A
INT
Corps
5
64
S2 T
Construction Access
Stream A
INT
Corps
5
50
S3
Choose one
S4
Choose one
S5
Choose one
S6
Choose one
3h. Total stream and tributary impacts
114
3i. Comments:
S1- 0.009 AC
S2- 0.006 AC
Page 4 of 10
PCN Form — Version 1.4 January 2009

4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then 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 and
access routes. The applicant has demonstrated avoidance and minimization efforts by limiting impacts to WOTUS to one road crossing and avoiding
88% of onsite streams and 71 % 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?
❑ Yes ❑X No
2b.
If yes, mitigation is required by (check all that apply):
❑ DWQ ❑ Corps
2c.
If yes, which mitigation option will be used for this
project?
❑ Mitigation bank
El Payment to in -lieu fee program
❑ Permittee Responsible Mitigation
3.
Complete if Using a Mitigation Bank
3a.
Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter)
Type: Choose one
Type: Choose one
Type: Choose one
Quantity:
Quantity:
Quantity:
3c. Comments:
4.
Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
❑ 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 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 NXI No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act
M 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. Also attached is the FWS concurrence response.
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 fish 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 FXJ 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:/Inc.maps.arcgis.Gom/
Report from R.S. Webb & Associates
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year fioodplain?
❑ Yes ❑X No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodp€ain determination?
www.fema.gov
hftps://polaris3g.mecklenburgcountync.gov/
Amber LipskyAW&NM
03-31-2023
Applicant/Agent's Printed Name
Date
Applicant/Agent's Sign ture
(Agent's signature is valid only if an authorizati
letter from the applicant is provided)
Page 10 of 10

WEPG
Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC.
Agent Authorization Letter
The purpose of this form is to authorize our firm to act on your behalf in matters related to aquatic
resource (i.e. stream/wetlands) identification/mapping and regulatory permitting. The
undersigned, who are either registered property owners or legally authorized to conduct due
diligence activities on the property as identified below, do hereby authorize associates of
Leonard S. Rindner, PLLC, Wetlands and Environmental Planning Group (WEPG) to act on my
behalf and take all actions necessary for the processing, issuance, and acceptance of applicable
permit(s) and/or certification(s).
Proj ect/Site Name: 4809 S Tryon Street
Property Address: 4809 S Tryon Street, Charlotte, NC 28217
Parcel Identification Number (PIN): 16904224, 169042291, 16904230, 16904228, 16904227, 16904225
Select one: I am an interested buyer/seller
Name: Josh Glover
Company: Greystar Development East, LLC
Mailing Address: 521 E Morehead Street, Suite 400, Charlotte, NC 28202
Telephone Number: [phone]
Electronic Mail Address: [e-mail]
Josh Glover, Authorized Representative 6/22/22
l Interested Buyer* / Other*
Date
* The Interested Buyer/Other acknowledges that an agreement and/or formal contract to purchase and/or conduct
due diligence activities exists between the current property owner and the signatory of this authorization in cases
where the property is not owned by the signatory.
Charlotte Office: 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]

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{
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PARCELID:16904228
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jurisdictional
Determination Information

*USAGE VERIFICATION 7/26/23* -- ,r■'
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' 0 For study purposes only - subject to USACE/NCDEQ Verification 4/26/22

SAW-2022-01576
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2022-01576 County: Mecklenburg U.S.G.S. Quad: NC -Charlotte West
NOTIFICATION OF JURISDICTIONAL DETERNIINATION
Requestor: Grevstar
Josh Glover
Address: 521 E Morehead Street, Suite 400
Charlotte, NC 28202
Telephone Number: 704-379-1868
E-mail: iglover(&t!revstar.com
Size (acres) 10.97 Nearest Town Charlotte
Nearest Waterway Kings Branch River Basin Santee
USGS HUC 03050103 Coordinates Latitude: 35.1779
Longitude:-80.8899
Location description: The review area is located on the south side of S. Tryon Street; approximately 0.1 miles south of the
intersection of S. Tryon Street and W. Woodlawn Road. PINs: 16904230,169042291, 16904224, 16904225, 16904227, and
16904228. Reference review area descrintion shown in the Jurisdictional Determination Request nackage entitled "Figure 1,
Vicinity Mad' and dated 03/29/22.
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 4/26/2022. Therefore
this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory
mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection
measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any
way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an
appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may
request an approved JD, which is an appealable action, by contacting the Corps district for further instruction.
❑ There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404
of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403).
However, since the waters, including wetlands have not been properly delineated, this preliminary jurisdiction determination
may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is
merely an effective presumption of CWA/RHA jurisdiction over all of the waters, including wetlands at the project area, which
is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters,
including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland
delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps.
B. Approved Determination
❑ There are Navigable Waters of the United States within the above described project area/property subject to the permit
requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act
(CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for
a period not to exceed five years from the date of this notification.
❑ There are waters, including wetlandson the above described project area/property subject to the permit requirements of Section
404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
❑ We recommend you have the waters, including wetlands on your project area/property delineated. As the Corps may not be
able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that
can be verified by the Corps.

SAW-2022-01576
❑ The waters, including wetlands on your project area/property have been delineated and the delineation has been verified by
the Corps. The approximate boundaries of these waters are shown on the enclosed delineation map dated DATE. We strongly
suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once
verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided
there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years.
❑ The waters, including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the
Corps Regulatory Official identified below onDATE. Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
❑ There are no waters of the U.S., to include wetlands, present on the above described project area/property which are subject to the
permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.
❑ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA).
You should contact the Division of Coastal Management in Morehead City, NC, at [phone] to determine their
requirements.
Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or
placement of structures, or work within navigable waters of the United States without a Department of the Army permit may
constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions
regarding this determination and/or the Corps regulatory program, please contact Bryan Roden -Reynolds at 704-510-1440 or
brvan.roden-reynolds(&u sace.army.mil.
C. Basis For Determination: Basis For Determination: See the preliminary jurisdictional determination
form dated 07/26/2022.
D. Remarks: None
E. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site
identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security
Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request
a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work.
F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B.
above)
If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed
you will find a Notification of Appeal Process (NAP) fact sheet and Request for Appeal (RFA) form. If you request to appeal this
determination you must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Mr. Philip A. Shannin
Administrative Appeal Review Officer
60 Forsyth Street SW, Floor M9
Atlanta, Georgia 30303-8803
AND
PHILIP.A. SHANNINgUSACE.ARMY.MIL
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal
under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you
decide to submit an RFA form, it must be received at the above address by Not applicable.
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.**
Bryan Roden -Reynolds
Corps Regulatory Official: 2022,07.26 09:45:47-04'00'

SAW-2022-01576
Date of JD: 07/26/2022 Expiration Date of JD: Not applicable
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 lator�.ops.usace.army.mil/customer-service-survey/.
Copy Furnished:
Agent: Wetlands and Environmental Planning Group
Amber Lipsky
Address: 10612-D Providence Road
Charlotte, NC 28277
Telephone Number: 401-339-4292
E-mail: amber.lipskvnwetlands-epg.com
Property Owner:
not provided
Calvin Kenlev Jr.
Address:
129 Cedar Bluff Lane
Mooresville, NC 28117
Telephone Number:
704-200-4442
E-mail:
nova65wckAt!mail.com

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: Gre star, Josh Glover File Number: SAW-2022-01576
Date: 07/26/2022
Attached is:
See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission)
A
PROFFERED PERMIT (Standard Permit or Letter of permission)
B
PERMIT DENIAL
C
APPROVED JURISDICTIONAL DETERMINATION
D
❑X
PRELIMINARY JURISDICTIONAL DETERMINATION
E
SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional information may be found at or http://www.usace.army.miUMissions/CivilWorks/ReaulatoryProgramandPenuits.asi)
OZI& Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request
that the permit be modified accordingly. You must complete Section II of this form and return the form to the district
engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will
forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your
objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your
objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After
evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in
Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein,
you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of
this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days
of the date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new
information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the
date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers
Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form
must be received by the division engineer within 60 days of the date of this notice.

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

PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD: 07/26/2022
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Greystar, Josh Glover, 521 E Morehead
Street, Suite 400, Charlotte, NC 28202
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, S.Tryon Street, SAW-2022-
01576
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The review area is located on the
south side of S. Tryon Street; approximately 0.1 miles south of the intersection of S. Tryon Street and W.
Woodlawn Road. PINS: 16904230, 169042291, 16904224, 16904225, 16904227, and 16904228. Reference
review area description shown in the Jurisdictional Determination Request package entitled "Figure 1,
Vicinity Map" and dated 03/29/22.
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES
AND/OR AQUATIC RESOURCES AT DIFFERENT SITES)
State: NC County: Mecklenburg City: Charlotte
Center coordinates of site (lat/long in degree decimal format): Latitude: 35.1779 Longitude:-80.8899
Universal Transverse Mercator:
Name of nearest waterbody: Kings Branch
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
® Office (Desk) Determination. Date: 07/26/22
❑ Field Determination. Date(s):
TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAY BE" SUBJECT TO
REGULATORY JURISDICTION
Aquatic Feature
Latitude
Longitude
Estimated
Type of aquatic
Geographic authority to
(decimal
(decimal
amount of
resources (i.e.,
which the aquatic
degrees)
degrees)
aquatic
wetland vs.
resource "may be"
resources in
non -wetland
subject (i.e., Section 404
review area
waters)
or Section 10/404)
(acreage and
linear feet, if
applicable
Stream A
35.1784
-80.8892
530 linear feet
Non -wetland
404
Wetland B
35.1784
-80.8894
0.02 acre
Wetland
404
1. The Corps of Engineers believes that there may be jurisdictional aquatic resources in the
review area, and the requestor of this PJD is hereby advised of his or her option to request
and obtain an approved JD (AJD) for that review area based on an informed decision after
having discussed the various types of JDs and their characteristics and circumstances when
they may be appropriate.
2. In any circumstance where a permit applicant obtains an individual permit, or a Nationwide
General Permit (NWP) or other general permit verification requiring "pre- construction
notification" (PCN), or requests verification for a non -reporting NWP or other general
permit, and the permit applicant has not requested an AID for the activity, the permit
applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit

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

SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items are included in the administrative
record and are appropriately cited:
® Maps, plans, plots or plat submitted by or on behalf of the PJD requestor:
Map: Figures 1-6
® Data sheets prepared/submitted by or on behalf of the PJD requestor. Datasheets:
® Office concurs with data sheets/delineation report.
❑ Office does not concur with data sheets/delineation report. Rationale:
❑ Data sheets prepared by the Corps:
❑Corps navigable waters' study:
❑ U.S. Geological Survey Hydrologic Atlas:
❑USGS NHD data:
❑ USGS 8 and 12 digit HUC maps:
®U.S. Geological Survey map(s). Cite scale & quad naive: Figure 4, USGS Mau (7.5-minute quadrangle
Charlotte West, NC)
®Natural Resources Conservation Service Soil Survey. Citation: Figure 5, Soil Survey Manuscript Mau (Soil
Survey of Mecklenburg County Dated 1976)
❑ National wetlands inventory map(s). Cite name:
❑ State/local wetland inventory map(s):
❑ FEMA/FIRM maps:
❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929)
® Photographs: ® Aerial (Name & Date): Figure 1, Vicinity Map (Dated 03/29/22), Figure 3, Aerial Map (Dated
03/29/22), and Figure 6, Delineation Map (Dated 04/26/22)
or ® Other (Name & Date): Photographs 1-4
❑ Previous determination(s). File no. and date of response letter:
® Other information (please specify): Figure 2, Parcel Mau (Dated 03/29/22) and Stream Reach Evaluation
Form (Dated 04/26/22)

IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps
and should not be relied upon for later Jurisdictional determinations.
Bryan Roden -Reynolds
2022.07.26 09:45:29
1� 11
Signature and date of Regulatory
staff member completing PJD
07/26/2022
Signature and date of person requesting PJD
(REQUIRED, unless obtaining the signature is
impracticable)1
1 Districts may establish timeframes for requester to return signed PJD forms. If the requester does not respond within the established
time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action.

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Threatened & Endangered Species
Report

Wetlands and Environmental Planning Group
Leonard S. Rindner, PLLC.
Threatened / Endangered / Protected Species
Evaluation
For: 4809 S. Tryon Street
Mecklenburg County, North Carolina
By: Lisa R. Gaffney, Biologist
Field investigation during the week of September 26, 2022
Charlotte Office:
10612-D Providence Rd.
PMB 550
Charlotte, NC 28277
[phone]
I en. ri nd ner@wet Ian ds -epg. co m
Ashesrile Office:
1070 Tunnel Rd., Bldg. I
Suite 10, PMB 283
Asheville, NC 28805

4809 S. Tryon Street - Threatened /Endangered /Protected Species Evaluation
GENERAL LANDSCAPE DESCRIPTION:
The 4809 S. Tryon site (+/- 10.97 acres) is located just southeast of S. Tryon
Street and just east of Nations Ford Road, in Charlotte, Mecklenburg County,
North Carolina. The site can be found on the Charlotte West USGS Topographic
Quadrangle Map; latitude is 35.1779 ON, longitude is-80.8899 °W. The elevation
is approximately 690-720 ft. The site is primarily covered by an urban, small
commercial business/shopping complex with a disturbed wooded stream buffer
to the rear of the property adjacent to a railroad corridor. (Figures 1-4).
Figure 1: USGS MAP
0'. COOS
6 PROJECT 8OUN➢ARY " .•,
STUDY LIMITS r �• �' S 1 i
Yo k Me
as
SUGAR CREEK
LOCATION f� POP.
l r
Lat. 35.1779 °N
Long:-80.8899 QW `
HUC: 03050103 USGS QUA05 a I IL I
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WEPGPrepared for: 4909 S TRYON Drawn By: Reviewed By: FIGURE
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Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC.

4809 S. Tryon Street - Threatened / Endangered / Protected Species Evaluation
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4809 S. Tryon Street - Threatened / Endangered / Protected Species Evaluation
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4809 S. Tryon Street - Threatened /Endangered /Protected Species Evaluation
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Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC.

4809 S. Tryon Street - Threatened /Endangered /Protected Species Evaluation
METHODOLOGY:
The US Fish and Wildlife Service IPaC website
https:Hipac.ecosphere.fws.gov/location/AHPDHH4DSVG4Dl6CA2WY7Y5T2M/re
sources was referenced to determine the occurrence of Threatened, Endangered
and Protected species for the 4808 S. Tryon Street site, the results of which are
listed below (Table 1). Maps and aerial photographs were assembled, and the
site was investigated during the week of September 19, 2022.
Table 1: Threatened / Endangered / Protected Species listed for
4809 S. Tryon Street
*Source: US Fish & Wildlife Service IPaC
**Data search on September 19, 2022
Group Name Status
Vascular Plants Schweinitz's Sunflower (Helianthus Endangered
schweinitzii)
Vascular Plants Smooth Coneflower (Echinacea Endangered
laevi ata
Vascular Plants Michaux's Sumac (Rhus michauxii) Endangered
Vertebrate Tricolored Bat (Perimyotis subflavus) Proposed Endangered
Vertebrate Bald Eagle (Haliaeetus leucocephalus) Protected under the Bald and
Golden Eagle Protection Act
Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC.

4809 S. Tryon Street - Threatened /Endangered /Protected Species Evaluation
SPECIES DESCRIPTIONS:
Three plant species with federal protection are listed as potentially occurring on
the subject site:
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.
Two animal species with federal protection are listed as potentially occurring on
the subject site:
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.
Tricolored Bat (Perimyotis subf/avus), proposed Endangered, is often
found in caves, abandoned mines, and road culverts during winter. During
the spring, summer, and fall, tricolored bats are found in forested habitats
where they roost in trees. Tricolored bats face extinction due primarily to
the range wide impacts of white -nose syndrome, a deadly disease
affecting cave -dwelling bats across the continent.
RESULTS:
The site is primarily covered by an urban, small commercial business complex
with a disturbed wooded stream buffer to the rear of the property adjacent to a
railroad corridor.
Tree species present in the disturbed wooded stream buffer include Shortleaf
Pine (Pinus echinata), Virginia Pine (P. virginiana), Willow Oak (Quercus
phellos), White Oak (Quercus alba), Mockernut Hickory (Carya tomentosa), Tulip
Poplar (Liriodendron tulipifera), Sweetgum (Liquidambar styraciflua), American
Elm (Ulmus americans), Red Maple (Acerrubrum), Green Ash (Fraxinus
WEPG401125 7
Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC.

4809 S. Tryon Street - Threatened /Endangered /Protected Species Evaluation
pennsylvanica), and Cottonwood (Populus deltoides). Shrubs present are
Chinese Privet (Ligustrum sinense), Russian Olive (E/aeagnus umbellate), and
Elderberry (Sambucus canadensis). Vines include Japanese Honeysuckle
(Lonicera japonica), Catbrier (Smilax sp.), Trumpet Creeper (Campsis radicans),
and Poison Ivy (Toxicodendron radicans). The herbaceous layer is dominated by
Japanese Stilt Grass (Microstegium vimineum) and includes Panic Grass
(Panicum sp.), Christmas Fern (Po/ystichum acrostichoides), Ground Ivy
(G/echoma hederacea), and River Oats (Chasmanthium /atifolium).
The semi -disturbed strip buffer behind the urban land between the edges of the
parking lots and the wooded area is dominated by common herbs including
Broomsedge (Andropogon virginicus), Johnson Grass (Sorghum halepense),
Poke Weed (Phyto/acca americans), Nightshade (So/anum sp.), Curly Dock
(Rumex crispus), Dogbane (Apocynum cannabinum), Groundsel tree (Baccharis
halimifolia), Goldenrod (Solidago sp.), and Sericea Lespedeza (Lespedeza
cuneata).
Threatened & Endangered/Protected Species Results
• All potential habitats for Schweinitz's Sunflower along the roadside,
transitional areas 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 roadside,
transitional areas and woods edges were examined, and the species was
not observed. WEPG concludes Smooth Coneflower (Echinacea
laevigata) does not occur on the site.
• All potential habitats for Michaux's Sumac along the roadside, transitional
areas 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. WEPG concludes Bald Eagle
(Haliaeetus /eucocenha/us) does not occur on the site.
• Existing guidance for Tricolored Bat (Perimyotis subf/avus) indicates that
the site meets the exempt criteria. WEPG concludes the site requires no
further action under section 7 of the Endangered Species Act for the
Tricolored Bat.
WEPG401125
Wetlands and Environmental Planning Group

4809 S. Tryon Street - Threatened /Endangered /Protected Species Evaluation
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 the site is recommended at
this time.
Respectfully submitted,
Lisa R. Gaffney
Biologist
October 11, 2022
Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC.

4809 S. Tryon Street - 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:
• 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 65,000 acres in North and South Carolina, 1996 -
present.
• 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).
• Found Schweinitz's Sunflower at Redlair Farm in Gaston County, NC.
This discovery led (in part) 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.
• Participated in numerous Piedmont Prairie restoration projects in
Mecklenburg, Union, Cabarrus and Gaston Counties, North Carolina.
WEPG#01125 10
Wetlands and Environmental Planning Group

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United States Department of the Interior
FISH AND WILDLIFE SERVICE
Asheville Field Office
160 Zillicoa Street
Asheville, North Carolina 28801
February 2, 2023
Lisa Gaffney
WEPG
10612-D Providence Road
PMB 550
Charlotte, North Carolina 28277
Lisa.gaffney(r)c,wetlands-ems com
Subject: South Tryon Street 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 January 26, 2023, 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 11 partially forested acres in Charlotte, North
Carolina. Much of the site is composed of existing developments. 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. Site development plans
and/or a description of impacts to Waters of the U.S. or onsite habitats have not been prepared or
provided at this time.
Federally Listed Plant Species
Your correspondence indicates that suitable habitat is present within the action area (50CFR
402.02) 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 (September 26, 2022) detected no
evidence for these species at that time. Therefore, we believe that the probability for inadvertent
loss of these plants is insignificant and discountable and 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:
httDs://www.fws. izov/asheville/bdfs/ODtimal%2OSurvev%2OWindows%20for%201isted%20DIant
s%202020.pdf
Tricolored bat
Based on the information provided, suitable habitat may occur within the action area for the
proposed endangered tricolored bat (Perimyotis subflavus).

On September 14, 2022, the Service published a proposal in the Federal Register to list the
tricolored bat as endangered under the Act. The Service has up to 12 months from the date the
proposal published to make a final determination, either to list the tricolored bat under the Act or
to withdraw the proposal. The Service determined the bat faces extinction primarily due to the
range -wide impacts of White Nose Syndrome (WNS). Because tricolored bat populations have
been greatly reduced due to WNS, surviving bat populations are now more vulnerable to other
stressors such as human disturbance and habitat loss. Species proposed for listing are not
afforded protection under the Act; however, as soon as a listing becomes effective (typically 30
days after publication of the final rule in the Federal Register), the prohibitions against
jeopardizing its continued existence and "take" will apply.
Although not required at this time, we encourage the Applicant to avoid all necessary project -
mediated tree clearing during this animal's active season (April 1 - October 15). This measure
would support our concurrence with a "may affect, not likely to adversely affect," determination
should this species become listed in the future.
Monarch Butterfly
Monarch butterfly is a candidate species, and we appreciate the project proponent's
consideration of monarch butterfly when evaluating the action area for impacts to federally listed
species and their habitats. The species is not subject to section 7 consultation, and an effects
determination is not necessary. General recommendations for pollinators can be provided and
would be protective of monarch butterfly should the project proponent like to implement them in
the future.
Your correspondence indicates that suitable habitat is not present within the action area for any
other federally protected species. Therefore, we require no further information and consider
consultation to be complete at this time. Please be aware that obligations under section 7 of the
Act must be reconsidered if. (1) new information reveals impacts of the identified action may
affect listed species or critical habitat in a manner not previously considered, (2) the identified
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.
We offer the following recommendations on behalf of natural resources:
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 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 4-2-23-475.
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]
March 30, 2023
Ms. Amber Lipsky
Leonard S. Rindner, PLLC
Wetlands & Environmental Planning Group
3714 Spokeshave Lane
Matthews, North Carolina 28105
Subject: Findings - Cultural Resources Literature Review
4809 South Tryon Street Development Tract
Yorkmount, Charlotte, Mecklenburg County, North Carolina
R.S. Webb & Associates No. 23-649-207
Dear Ms. Lipsky:
BACKGROUND
During March 2023, R.S. Webb & Associates (RSWA) conducted a cultural resources literature
review for the 4809 South Tryon Street development tract in the Yorkmount area of Charlotte,
Mecklenburg County, North Carolina. The project area covers approximately 11 acres located east
of the intersection of South Tryon Street and Nations Ford Road in southwestern Mecklenburg
County (Figure 1).
For this study, a cultural resource is defined as a discrete area of human activity that is at least 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
Through the State Historic Preservation Office's (SHPO) HPOWEB database, information was
reviewed regarding National Register of Historic Places (NRHP) properties, Mecklenburg County
surveyed -only historic resources, local landmarks, state study -list sites and historic resources
determined by the SHPO to be eligible for the NRHP. Historic county maps were examined 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/or Alabamamaps.ua.edu.
Research on recorded archeological sites was performed at the North Carolina Office of State
Archaeology (OSA) by Commonwealth Heritage Services, Inc., who then provided RSWA with
pertinent information via email regarding archeological sites located within 1.0 mile of the project
area. Provided site information includes available site forms, location maps and partial or full
reports.

Findings - Cultural Resources Literature Review, 4809 South Tryon Street Development Tract Page 2
March 30, 2023
The following primary sources were found to be useful in searching for historic resources within and
adjacent to the project area:
• 1907 USGS Charlotte, North Carolina -South Carolina 15-Minute quadrangle
• 1910 USDA Soil Map of Mecklenburg County
• 1911 County Commissioner's Map of Mecklenburg County
• 1912 Rural Delivery Map of Mecklenburg County
• 1938 and 1969 State Highway and Public Works Commission Map of Mecklenburg County
• 1956, 1965, 1968, 1978, and 1983 aerial photographs of Mecklenburg County
• 1948/1949-1968 and 1993 USGS Charlotte West, NC -SC 7.5-Minute quadrangle
• 1993-2018 Google Earth aerial photography.
RESULTS
Previous Archeological Investigations: OSA records indicate that at least one cultural resources
management project has been performed within 1.0 kilometers (km) of the project area. The
previous project (ER 19-5009) involves the removal of a transmission line, that at its closest point,
is approximately 550 m northeast of the study tract (Figure 1). This project remains active and no
project report was available for review.
Previous Architectural Investigations: According to SHPO personnel, the North Carolina HPOWEB
database is the definitive source of architectural survey information in North Carolina. HPOWEB
contains information from the various architectural surveys conducted in Mecklenburg County but
does not identify the boundaries of individual surveys.
National Register of Historic Places: There are no NRHP-listed historic properties located within
1.0 km of the current study tract.
Mecklenburg County Historic Resources: The HPOWEB database identifies no recorded historic
resources within 1.0 km of the study tract.
Recorded Archeological Sites: According to the OSA archeological site files, there are no recorded
archeological sites located within 1.0 km of the project area.
Revolutionary War Actions/Features: There were at least five reported Revolutionary War military
engagements in Mecklenburg County. The closest of these was an attack on a British outpost at
Polk's Mill on October 9, 1780, approximately four km northeast of the study tract (Lewis 2021).
Civil War Actions/Features: Review of the official military atlas for the Civil War (Davis et al.
1983) revealed that no significant Civil War military activity occurred in present-day Mecklenburg
County, North Carolina. Union General William T. Sherman, following the capture of Columbia,
South Carolina on February 17, 1865, moved north to the vicinity of Lancaster, South Carolina (50
km southeast). The Union armies then turned to the northeast and moved toward Laurel Hill and
Fayetteville, North Carolina, thus bypassing the project region (Davis et al. 1983).
Historic Cemeteries: The USGS topographic maps reviewed show two mapped cemeteries are within
1.0 km of the project area. These cemeteries include (Figure 1): a cemetery immediately north of

Findings - Cultural Resources Literature Review, 4809 South Tryon Street Development Tract Page 3
March 30, 2023
The Church of Pentecost, approximately 415 m south of the project area; and York Memorial
Cemetery located approximately 775 m southwest of the study tract.
The Southern Railway: The Charlotte & South Carolina Railroad, which later became part of the
Southern Railway network, was constructed approximately 800 m east of the project circa 1852
(Figure 1). A review of historic and non -historic maps indicates abandonment of this circa 1852 rail
corridor north of the project area at Woodlawn Road. Commercial/industrial rail traffic appears to
have been transferred during the middle 1950s to the Southern Railway corridor (east study tract
boundary); since this rail corridor is more than 50 years old, it is considered a historic resource.
Structures on Historic Maps and Aerial Photographs: Both South Tryon Street and Nations Ford
Road are believed to have pre -European contact origins. Maps from the first quarter of the 20'
century show Yorkville Road (now known as South Tryon Street), Nations Ford Road, and
Yorkmount Road converging at the project area, generally as they are currently aligned. These maps
indicate as many as three buildings in the study tract, the more northerly of which was known as
"Longs Store". Subsequent maps indicate two dwellings and an outbuilding present in the project
area as of 1948. The Southern Railway corridor along the eastern study tract boundary is not present
on the 1948 aerials, but is in place by 1968. Middle 20t' century maps suggest mixed commercial
and domestic occupation of the project area that changed to exclusively commercial use by 1969.
Maps show two large commercial buildings in the project area as of 1980 (Figure 1).
Aerial photographs from 1956 suggest that the rail corridor along the east side of the project area was
newly established at that time, and there was an ell -shaped commercial building in the center of the
study tract flanked north and south by building. These aerial photos also show a narrow area of
open, grassed/pastured land near road corridors and woodlands in the east half of the study tract.
Aerial photographs taken in 1965 show a much smaller ell -shaped building in the north -central part
of the project area and a large commercial building to its northeast, within the study tract. As of
1968, a second large building was present in the south part of the project are and the entire tract had
been cleared of vegetation. By 1978, a large parking lot was in place along with a fourth building
located in the southwest part of the study tract.
CONCLUSIONS
There are no NRHP-listed properties, recorded archeological sites, determined -eligible historic
properties, state study -list resources, designated local landmarks, or cemeteries are located within
the study tract. The closest known cultural resources are the middle 20t' century Southern Railway
corridor adjacent to the east project area boundary and the cemetery adjacent to The Church of
Pentecost located approximately 415 m south of the study tract. Historic/modern maps and aerial
photographs indicate the presence of buildings and associated features within the project area from
at least the middle 20t' century into the 2 Pt century.

Findings - Cultural Resources Literature Review, 4809 South Tryon Street Development Tract Page 4
March 30, 2023
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
(f L
Robert S. (Steve) ebb
President and Senior Principal Archeologist
Attachments: Figure 1
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.
Lewis, J.D.
2021 The American Revolution in North Carolina. Internet -Online. Found at:
http://www.carolana.com /NC/Revolution/home.html. Accessed March 2023.

Structure on Historic Maps and Aerial Photographs
— Previous Archeological Project
Map Reference: 7.5-Minute USGS Quadrangles Scale
Charlotte West (1968 PR 1980) and 0 610 meters
Charlotte East (1967 PR 1988), NC
0 2000 feet
Figure 1 Project Area, Previous Project and Known Cultural Resources