20230582 Ver 1_NWP_Attachments_FoundryAtCedarSt_Meck_20230420

NRE PO Box #401
Fort Mill, SC 29716
ENVIRONMENTAL 803-681-0484
Ms. Meagan Jolly April 20, 2023
Charlotte Regulatory Satellite Office
U.S. Army Corps of Engineers
151 Patton Avenue, Room 208
Asheville, NC 28801
[e-mail]
NCDWR, 401 & Buffer Permitting Unit
512 N. Salisbury St., 9th Floor
Raleigh, NC 27604
RE: Pre -Construction Notification Pursuant to Nationwide Permit No. 29
The Foundry at Cedar Street (± 4.78 acres)
SAW-2023-00194
Charlotte, Mecklenburg County, North Carolina
Dear Ms. Jolly:
Mill Creek Residential Trust has authorized NRE Environmental, LLC (NRE) to provide Clean Water Act
Section 404/401 permitting services for the approximately 4.78-acre The Foundry at Cedar Street site
(Project) bounded on the northwest by S Cedar Street and the west by W Hill Street, with Bank of America
Stadium to the south in City of Charlotte, Mecklenburg County, NC (Attachment 1). An executed Agent
Authorization Form is attached (Attachment 9).
NRE is submitting a Pre -Construction Notification pursuant to Nationwide Permit No. 29 and Water
Quality General Certification No. 4139 to the U.S. Army Corps of Engineers (USACE) and to the North
Carolina Division of Environmental Quality (NCDEQ) for proposed permanent impacts to the jurisdictional
waters of the U.S. associated with developing a mixed use commercial/residential housing development
on the Project. The property was delineated by NRE on July 28, 2022 and a preliminary jurisdictional
determination was issued by the USACE on February 17, 2023 (SAW-2023-00194; Attachment 7).
The impacts from this project will exceed the mitigation threshold under a NWP 29, therefore, payment
for 115 linear feet of permanent stream impact will be made to the in -lieu fee program (see attached
conditional response letter from Division of Mitigation Services; Attachment 13).
A copy of the PCN application is also submitted to the NCDEQ with anticipated fee of $240 for the 401
Water Quality Certification minor water quality application fee. The NCDEQ DWR Pre -filing meeting
Request completed form is attached (Attachment 15).

NRE
ENVIRONMENTAL
ATTACHMENTS INCLUDED:
NWP Request
The Foundry of Cedar Street
April20, 2023
NO.
DESCRIPTION
1
Site Location Map
2
Aerial Imagery
3
2019 Charlotte East NC 1:24k USGS Quad Sheet
4
USDA-NRCS Current Soil Survey of Mecklenburg County
5
National Wetland Inventory
6
FEMA Floodplain Map 3710454400K
7
Preliminary Jurisdictional Determination 02/17/2023
8
Wetlands And Other Waters Preliminary Jurisdictional Boundaries Map
9
Agent Authorization Form
10
Property Owner Deed Information
11
Permit Drawings
12
NCSAM form
13
NCDMS Conditional Acceptance Letter
14
Threatened and Endangered Species Habitat Assessment Report
15
NCHPO Clearance Letter
16
NCDEQ DWR Pre -filing meeting Request email
17
Site Photographs (Photos 1-4)
18
Preliminary ORM Data Entry Fields for New Actions
I trust that this information is sufficient. Please contact me (570-406-1182) if you have any questions.
Sincerely,
NRE Environmental, LLC.
Christine A. Geist, PWS, CE
President
Cc Justin Houston, PE: Mill Creek Residential Trust
Encs.

NRE
ENVIRONMENTAL
ATTACHMENT 1
Site Location Map
The Foundry at Cedar Street Site
Page 1 of 18

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NRE
ENVIRONMENTAL
ATTACHMENT 2
Aerial Imagery
The Foundry at Cedar Street Site
Page 2 of 18

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NRE Project No.
Foundry Site 22-10
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NRE
ENVIRONMENTAL
ATTACHMENT 3
USGS Map
The Foundry at Cedar Street Site
Page 3 of 18

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NRE Project No.
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NRE
ENVIRONMENTAL
ATTACHMENT 4
Soil Survey Map
The Foundry at Cedar Street Site
Page 4 of 18

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NRE
ENVIRONMENTAL
ATTACHMENT 5
National Wetland Inventory Map
The Foundry at Cedar Street Site
Page 5 of 18

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NRE Project No.
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ENVIRONMENTAL Mecklenburg County Drawn By:
Charlotte, North Carolina CAG

NRE
ENVIRONMENTAL
ATTACHMENT 6
FEMA Flood Map
The Foundry at Cedar Street Site
Page 6 of 18

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NRE
ENVIRONMENTAL
ATTACHMENT 7
Preliminary Jurisdictional Determination
02/17/2023
The Foundry at Cedar Street Site
Page 7 of 18

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2023-00194 County: Mecklenburg U.S.G.S. Quad: NC -Charlotte East
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Requestor: Mill Creek Residential Trust
Justin Houston, PE
Address: 101 W. Worthington Ave. Ste. 210
Charlotte, NC 28203
Telephone Number: 704-565-0835
E-mail: jhoustonOMCRTrust.com
Size (acres) 4.78 Nearest Town Charlotte
Nearest Waterway Irwin Creek River Basin Santee
USGS HUC 03050103 Coordinates Latitude: 35.2277
Longitude:-80.8545
Location description: The project area is in the eastern quadrant of the intersection of S. Cedar St. and Eldridge St.,
approximately 0.09 mile northeast of the intersection of S. Cedar St. and W. Morehead St. in Charlotte, Mecklenburg County,
NC. PINS: 07318201; 07318313. Refer to Site Location may, dated 07-27-2022, included in Jurisdictional Request package.
Indicate Which of the Following Apply:
A. Preliminary Determination
® There appear to be waters 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 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 8/1/2022. 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 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
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 at the project area, which is not sufficiently accurate and reliable to support an enforceable
permit decision. We recommend that you have the waters 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 waterson 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 on your project area/property delineated. As the Corps may not be able to accomplish
this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by
the Corps.
❑ The waters 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

SAW-2023-00194
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 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 Meauan Jolly at [phone] or
K.M.Jollvnus ace.armv.mil.
C. Basis For Determination: Basis For Determination: See the preliminary jurisdictional determination
form dated 2/17/2023.
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/deternimation 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. SHANNINgU SACE.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.**
Corps Regulatory Official:��
Date of JD: 2/17/2023 Expiration Date of JD: Not applicable

SAW-2023-00194
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete the Customer Satisfaction Survey located at
http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0
Copy furnished:
Agent: NRE Environmental, LLC
Ms. Christine Geist
Address: P.O. Box 401
Fort Mill, SC 29716
Telephone Number: 803-681-0484
E-mail: cgeist(&NREenviro.com

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
FEL REQUEST FOR APPEAL
Applicant: Mill Creek Residential Trust, Justin
File Number: SAW-2023-00194
Date: 2/17/2023
Houston PE
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/RegulatoryProgramandPermits.asi)x
or the Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request
that the permit be modified accordingly. You must complete Section II of this form and return the form to the district
engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will
forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your
objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your
objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After
evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in
Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein,
you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of
this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days
of the date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new
information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the
date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers
Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form
must be received by the division engineer within 60 days of the date of this notice.

E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the
preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed),
by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the
Corps to reevaluate the JD.
SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial
proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or
objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the
record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to
clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record.
However, you may provide additional information to clarify the location of information that is already in the administrative
record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision and/or the
If you only have questions regarding the appeal process you may
appeal process you may contact:
also contact:
District Engineer, Wilmington Regulatory Division
MR. PHILIP A. SHANNIN
Attn: Meagan Jolly
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 investi ations.
Date:
Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: Meagan Jolly, 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: 2/17/2023
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Mill Creek Residential Trust, Justin
Houston, PE, 101 W. Worthington Ave. Ste. 210, Charlotte, NC 28203
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, The Foundry at Cedar Street,
SAW-2023-00194
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The project area is in the eastern
quadrant of the intersection of S. Cedar St. and Eldridge St., approximately 0.09 mile northeast of the
intersection of S. Cedar St. and W. Morehead St. in Charlotte, Mecklenburg County, NC. PINS: 07318201;
07318313. Refer to Site Location map, dated 07-27-2022, included in Jurisdictional Request package.
(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: 35.2277 Longitude:-80.8545
Universal Transverse Mercator:
Name of nearest waterbody: Irwin Creek
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
®Office (Desk) Determination. Date: 02-01-2023
®Field Determination. Date(s):02-09-2023
TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAYBE" SUBJECT TO
REGULATORY JURISDICTION
Site Number
Latitude
Longitude
Estimated
Type of aquatic
Geographic authority to
(decimal
(decimal
amount of
resources (i.e.,
which the aquatic
degrees)
degrees)
aquatic
wetland vs.
resource "may be"
resources in
non -wetland
subject (i.e., Section 404
review area
waters)
or Section 10/404)
(acreage and
linear feet, if
applicable
SA
35.228102
-80.854059
115 LF
Non -wetland
404
water
1. The Corps of Engineers believes that there may be jurisdictional aquatic resources in the
review area, and the requestor of this PJD is hereby advised of his or her option to request
and obtain an approved JD (AJD) for that review area based on an informed decision after
having discussed the various types of JDs and their characteristics and circumstances when
they may be appropriate.
2. In any circumstance where a permit applicant obtains an individual permit, or a Nationwide
General Permit (NWP) or other general permit verification requiring "pre- construction
notification" (PCN), or requests verification for a non -reporting NWP or other general
permit, and the permit applicant has not requested an AJD for the activity, the permit
applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit

authorization based on a PJD, which does not make an official determination of
jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before
accepting the terms and conditions of the permit authorization, and that basing a permit
authorization on an AJD could possibly result in less compensatory mitigation being
required or different special conditions; (3) the applicant has the right to request an
individual permit rather than accepting the terms and conditions of the NWP or other
general permit authorization; (4) the applicant can accept a permit authorization and
thereby agree to comply with all the terms and conditions of that permit, including
whatever mitigation requirements the Corps has determined to be necessary; (5)
undertaking any activity in reliance upon the subject permit authorization without
requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (6)
accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking
any activity in reliance on any form of Corps permit authorization based on a PJD
constitutes agreement that all aquatic resources in the review area affected in any way by
that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction
in any administrative or judicial compliance or enforcement action, or in any administrative
appeal or in any Federal court; and (7) whether the applicant elects to use either an AJD or
a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered
individual permit (and all terms and conditions contained therein), or individual permit
denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an
administrative appeal, it becomes appropriate to make an official determination whether
geographic jurisdiction exists over aquatic resources in the review area, or to provide an
official delineation of jurisdictional aquatic resources in the review area, the Corps will
provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that
there "may be" waters of the U.S. and/or that there "may be" navigable waters of the U.S.
on the subject review area, and identifies all aquatic features in the review area that could
be affected by the proposed activity, based on the following information:
SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items are included in the administrative
record and are appropriately cited:
® Maps, plans, plots or plat submitted by or on behalf of the PJD requestor:
Map: Wetlands and Other Waters Preliminary Jurisdictional Boundaries Map (09-01-
2022)
®Data sheets prepared/submitted by or on behalf of the PJD requestor. Datasheets: DP-1 (07-28-2022)
® Office concurs with data sheets/delineation report.
❑ Office does not concur with data sheets/delineation report Rationale:
❑ Data sheets prepared by the Corps:
❑Corps navigable waters' study:
❑U.S. Geological Survey Hydrologic Atlas:
❑USGS NHD data:
❑ USGS 8 and 12 digit HUC maps:

® U.S. Geological Survey map(s). Cite scale & quad name: Charlotte East NC (2019) (07-27-2022)
®Natural Resources Conservation Service Soil Survey. Citation: Soil Survey of Mecklenburg County, NC v2.1
2022 (07-27-2022)
® National wetlands inventory map(s). Cite name: USFWS NWI (07-27-2022)
❑ State/local wetland inventory map(s):
® FEMA/FIRM maps: FEMA Panel 37104544001-, Eff. 09-02-2015 (07-27-2022)
❑ 100-year Floodplain Elevation is:
(National Geodetic Vertical Datum of 1929)
® Photographs: ® Aerial (Name & Date): Vivid Advanced 04-28-2022 (07-27-2022); Site Location (07-27-2022)
or ® Other (Name & Date): Photolog (08-4-2022)
El Previous determination(s). File no. and date of response letter:
® Other information (please specify): NC DWO Stream Identification Form Ver. 4.11 SIF-SA (07-28-2022);
Antecedent Precipitation Tool (07-28-2022)
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.
Signature and date of Regulatory
staff member completing PJD
2/17/2023
Signature and date of person requesting RID
(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.

ss2 �
0
CO
ci;v
1 �
Reference-, Background layers from NC
OneMap; https-/�www.nconemap.gov/
Notes: Wetlands and Other Waters of the US were
field reviewed by NRE Environmental on July 28, 2022-
Boundaries were flagged in the field and mapped using
Trimble sub -meter GPS by NRE.
The preliminary jurisdictional features are pending
verification by the USACE-
NRE
ENVIRONMENTAL
Potential Non -Wetland
Water of the US
Stream SA (R3; 115 If; 0.019 ac)
SiF-SA; Photo 2
i
rfr
Legend
Project Area-4-8 ac
Non -wetland Water of the U5 (Perennial)
N
■ Stream Information Form (SIF)
A Data Point
• PVC Pipe
Box Culvert
County Parcels
Building
Wetlands and Other Waters
Foundry Site
Mecklenburg County
Charlotte, North Carolina
0 50 100
Feet '
Date
ies August 1, 2022
Project No-
22-10
Drawn By'
CAG

NRE
ENVIRONMENTAL
ATTACHMENT 8
The Foundry at Cedar Street Site
Page 8 of 18
Wetlands And Other Waters Preliminary Jurisdictional Boundaries Map

662
Potential Non -Wetland
sso Water of the US
Stream SA (R3; 115 If; 0.019 ac)
SIF-SA; Photo 2
r01
Legend
Project Area- 4.8 ac W I
Non -wetland Water of the US (Perennial)
A Stream Information Form (SIF) N
N 0 Data Point
rn
• PVC Pipe
Reference; Background layers from NC
OneMap; https://www.nconemap.gov/ 0 J Box Culvert
Notes: Wetlands and Other Waters of the US were
field reviewed by NRE Environmental on July 28, 2022. County Parcels
Boundaries were flagged in the field and mapped using
Trimble sub -meter GPS by NRE. Building
The preliminary jurisdictional features are pending
verification by the USACE.
0 50 100
Feet
Wetlands and Other Waters Date
Preliminary Jurisdictional Boundaries August 1, 2022
NRE Project No.
Foundry Site 22-10
ENVIRONMENTAL Mecklenburg County Drawn By:
Charlotte, North Carolina CAG

NRE
ENVIRONMENTAL
ATTACHMENT 9
Agent Authorization Form
The Foundry at Cedar Street Site
Page 9 of 18

AGENT AUTHORIZATION FORM
Applicant:
Mill Creek Residential
Point of Contact Name:
Justin Houston
101 W. Worthington Ave.
Mailing Address:
Suite 210
Charlotte, North Carolina 28203
Phone Number:
704.565.0835
Email Address:
[e-mail]
Property:
The Foundry at Cedar Street
(Parcel #07318201 and 07318313)
I, Justin Houston representing Mill Creek Residential
(Print Name) (Applicant Name)
do hereby authorize Christine Geist PWS of NRE Environmental LLC
(Contractor / Agent) (Name of consulting firm)
to act on my behalf and take all actions necessary for the processing, issuance and acceptance
of this permit or certification and any and all standard and special conditions attached for the
Project (mown herein as The Foundry at Cedar Street Parcel #073182DlL located in
Mecklenburg County, NC. and #07318313
We hereby certify the above information submitted in this application is true and accurate to
the best of our knowledge.
►E
Authorized
Date:
_ < eside ial NRE Environ entaI LLC
nature Agent's Signature
12/09/2022 Cate: /?�-? Z-2 —

NRE
ENVIRONMENTAL
ATTACHMENT 10
Property Owner Deed Information
The Foundry at Cedar Street Site
Page 10 of 18

MECKLENBURG COUNTY, North Carolina
POLARIS 3G PARCEL OWNERSHIP AND GIS SUMMARY
Date Printed
Identity
Parcel ID GIS ID
07318313 107318313
Property Characteristics
Legal desc
NA
Land Area
0.101 GIS Calc. Acres
Fire District
CITY OF CHARLOTTE
Special District
DOWNTOWN DISTRICT 1
Account Type
INDIVIDUAL
Municipality
CHARLOTTE
Property Use
INDUSTRIAL
Zoning
Contact appropriate Planning Department or see Map.
01 /10/2023
Ownership
Owner Name
Mailing Address
C/O JEROME T FERGUSON
SR
1180 ERIKSON RD
COLUMBUS OH 43227
GILLIE LANE
1180 ERIKSON RD
COLUMBUS OH 43227
Deed Reference(s) and Sale Price
Deed Sale Date Sale Price
Site Location
ETJ Area
Charlotte
Charlotte Historic District
No
Charlotte 6/30/2011 Annexation Area
No
Census Tract #
5
Water Quality Buffer Post Construction District
Parcel Inside Water Quality Buffer I No Jurisdiction Charlotte
FEMA and Community Floodplain District Central Catawba
FEMA Panel#
3710454400J
FEMA Panel Date
03/02/2009
FEMA Flood Zone
OUT:VIEW FEMA FLOODPLAIN TO
VERIFY
Community Flood
Zone
OUT:VIEW COMMUNITY FLOODPLAIN
ITO VERIFY
Situs Addresses Tied to Parcel
600 ELDRIDGE ST CHARLOTTE
Stream Watershed Districts
Stream Watershed Name I IRWIN
This map or report is prepared for the inventory of real property within Mecklenburg County and is compiled from recorded deeds, plats, tax maps,
surveys, planimetric maps, and other public records and data. Users of this map or report are hereby notified that the aforementioned public primary
information sources should be consulted for verification. Mecklenburg County and its mapping contractors assume no legal responsibility for the
information contained herein.
Page 1/1

MECKLENBURG COUNTY, North Carolina
POLARIS 3G PARCEL OWNERSHIP AND GIS SUMMARY
Date Printed
Identity
Parcel ID GIS ID
07318201 107318201
Property Characteristics
Legal desc
1-1-3 M332-209 & ADJ TRACTS
PLUS CLOSED ALLEY
Land Area
4.61 AC
Fire District
CITY OF CHARLOTTE
Special District
DOWNTOWN DISTRICT 1
Account Type
PARTNERSHIP
Municipality
ICHARLOTTE
Property Use
I OFFICE
Zoning
Contact appropriate Planning Department or see Map.
Water Quality Buffer
Parcel Inside Water Quality Buffer I Yes
FEMA and Community Floodplain
FEMA Panel#
3710454400J
FEMA Panel Date
03/02/2009
FEMA Flood Zone
OUT:VIEW FEMA FLOODPLAIN TO
VERIFY
Community Flood
Zone
OUT:VIEW COMMUNITY FLOODPLAIN
TO VERIFY
01 /10/2023
Ownership
Owner Name
Mailing Address
AP FOUNDRY LP
802 GERVAIS ST STE 200
COLUMBIA SC 29201
Deed Reference(s) and Sale Price
Deed
Sale Date
Sale Price
36997-854
01/25/2022
36997-854
01/25/2022
36997-844
01/25/2022
$36,250,000.00
29364-962
08/06/2014
29364-958
08/06/2014
28214-78
04/04/2013
$5,200,000.00
21882-685
03/07/2007
10399-455
04/15/1999
$0.00
5552-989
07/23/1987
5164-793
01/30/1986
465-485
02/14/1922
Site Location
ETJ Area
Charlotte
Charlotte Historic District
No
Charlotte 6/30/2011 Annexation Area
No
Census Tract #
5
Post Construction District
Jurisdiction
Charlotte
District
Central Catawba
Situs Addresses Tied to Parcel
Stream Watershed Districts
619 CEDAR ST CHARLOTTE
Stream Watershed Name IRWIN
619 S CEDAR ST CHARLOTTE
619 S CEDAR ST CHARLOTTE
623 S CEDAR ST CHARLOTTE
"r
This map or report is prepared for the inventory of real property within Mecklenburg County and is compiled from recorded deeds, plats, tax maps,
surveys, planimetric maps, and other public records and data. Users of this map or report are hereby notified that the aforementioned public primary
information sources should be consulted for verification. Mecklenburg County and its mapping contractors assume no legal responsibility for the
information contained herein.
Page 1/1
This map or report is prepared for the inventory of real property within Mecklenburg County and is compiled from recorded deeds, plats, tax maps,
surveys, planimetric maps, and other public records and data. Users of this map or report are hereby notified that the aforementioned public primary
information sources should be consulted for verification. Mecklenburg County and its mapping contractors assume no legal responsibility for the
information contained herein.
Page 1/1

NRE
ENVIRONMENTAL
ATTACHMENT 11
Permit Drawings
The Foundry at Cedar Street Site
Page 11 of 18

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NRE
ENVIRONMENTAL
ATTACHMENT 12
NCSAM form
The Foundry at Cedar Street Site
Page 12 of 18

NC SAM FIELD ASSESSMENT FORM
Accompanies User Manual Version 2.1
I USACE AID #: NCDWR #: I
INSTRUCTIONS: Attach a sketch of the assessment area and photographs. Attach a copy of the USGS 7.5-minute topographic quadrangle,
and circle the location of the stream reach under evaluation. If multiple stream reaches will be evaluated on the same property, identify and
number all reaches on the attached map, and include a separate form for each reach. See the NC SAM User Manual for detailed descriptions
and explanations of requested information. Record in the "Notes/Sketch" section if supplementary measurements were performed. See the
NC SAM User Manual for examples of additional measurements that may be relevant.
NOTE EVIDENCE OF STRESSORS AFFECTING THE ASSESSMENT AREA (do not need to be within the assessment area).
PROJECT/SITE INFORMATION:
1. Project name (if any): Foundry Site
3. Applicant/owner name
5. County:
7. River basin:
Mill Creek Residential
Mecklenburg
Catawba
2. Date of evaluation
Assessor name/organization
Nearest named water body
on USGS 7.5-minute quad:
28, 2022
C. Geist, PWS, NRE
: Environmental
Irwin Creek
8. Site coordinates (decimal degrees, at lower end of assessment reach): 35.228-80.8542
STREAM INFORMATION: (depth and width can be approximations)
9. Site number (show on attached map): SA 10. Length of assessment reach evaluated (feet): 115
11. Channel depth from bed (in riffle, if present) to top of bank (feet): 10 ❑Unable to assess channel depth.
12. Channel width at top of bank (feet): 12 13. Is assessment reach a swamp steam? ❑Yes ❑No
14. Feature type: ®Perennial flow ❑Intermittent flow ❑Tidal Marsh Stream
STREAM CATEGORY INFORMATION:
15. NC SAM Zone: ❑ Mountains (M) ® Piedmont (P) ❑ Inner Coastal Plain (1) ❑ Outer Coastal Plain (0)
16. Estimated geomorphic ®A` 1 ❑B
valley shape (skip for
Tidal Marsh Stream): (more sinuous stream, flatter valley slope) (less sinuous stream, steeper valley slope)
17. Watershed size: (skip ❑Size 1 (< 0.1 mi2) ®Size 2 (0.1 to < 0.5 mil) ❑Size 3 (0.5 to < 5 mil) ❑Size 4 (>_ 5 mil)
for Tidal Marsh Stream)
ADDITIONAL INFORMATION:
18. Were regulatory considerations evaluated? ®Yes ❑No If Yes, check all that apply to the assessment area.
❑Section 10 water ❑Classified Trout Waters ❑Water Supply Watershed (❑l ❑II ❑III ❑IV ❑V)
❑Essential Fish Habitat ❑Primary Nursery Area ❑ High Quality Waters/Outstanding Resource Waters
❑Publicly owned property ❑NCDWR Riparian buffer rule in effect ❑Nutrient Sensitive Waters
❑Anadromous fish ❑303(d) List ❑CAMA Area of Environmental Concern (AEC)
❑Documented presence of a federal and/or state listed protected species within the assessment area.
List species:
❑Designated Critical Habitat (list species)
19. Are additional stream information/supplementary measurements included in "Notes/Sketch" section or attached? ®Yes ❑No
1. Channel Water — assessment reach metric (skip for Size 1 streams and Tidal Marsh Streams)
®A Water throughout assessment reach.
❑B No flow, water in pools only.
❑C No water in assessment reach.
2. Evidence of Flow Restriction — assessment reach metric
❑A At least 10% of assessment reach in -stream habitat or riffle -pool sequence is severely affected by a flow restriction or fill to the
point of obstructing flow or a channel choked with aquatic macrophytes or ponded water or impoundment on flood or ebb within
the assessment reach (examples: undersized or perched culverts, causeways that constrict the channel, tidal gates, debris jams,
beaver dams).
®B Not
3. Feature Pattern — assessment reach metric
®A A majority of the assessment reach has altered pattern (examples: straightening, modification above or below culvert).
❑B Not
4. Feature Longitudinal Profile — assessment reach metric
❑A Majority of assessment reach has a substantially altered stream profile (examples: channel down -cutting, existing damming, over
widening, active aggradation, dredging, and excavation where appropriate channel profile has not reformed from any of these
disturbances).
®B Not
5. Signs of Active Instability — assessment reach metric
Consider only current instability, not past events from which the stream has currently recovered. Examples of instability include
active bank failure, active channel down -cutting (head -cut), active widening, and artificial hardening (such as concrete, gabion, rip -rap).
❑A < 10% of channel unstable
❑B 10 to 25% of channel unstable
®C > 25% of channel unstable

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

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

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

Draft NC SAM Stream Rating Sheet
Accompanies User Manual Version 2.1
Stream Site Name Foundry Site Date of Assessment
July 28, 2022
Stream Category Pa2 Assessor Name/Organization
C. Geist, PWS, NRE
Environmental
Notes of Field Assessment Form (Y/N)
NO
Presence of regulatory considerations (Y/N)
NO
Additional stream information/supplementary measurements included (Y/N)
YES
NC SAM feature type (perennial, intermittent, Tidal Marsh Stream)
Perennial
USACE/ NCDWR
Function Class Rating Summary All
Streams Intermittent
(1) Hydrology
LOW
(2) Baseflow
HIGH
(2) Flood Flow
LOW
(3) Streamside Area Attenuation
LOW
(4) Floodplain Access
MEDIUM
(4) Wooded Riparian Buffer
LOW
(4) Microtopography
LOW
(3) Stream Stability
MEDIUM
(4) Channel Stability
LOW
(4) Sediment Transport
HIGH
(4) Stream Geomorphology
MEDIUM
(2) Stream/Intertidal Zone Interaction
NA
(2) Longitudinal Tidal Flow
NA
(2) Tidal Marsh Stream Stability
NA
(3) Tidal Marsh Channel Stability
NA
(3) Tidal Marsh Stream Geomorphology
NA
(1) Water Quality
MEDIUM
(2) Baseflow
HIGH
(2) Streamside Area Vegetation
LOW
(3) Upland Pollutant Filtration
LOW
(3) Thermoregulation
LOW
(2) Indicators of Stressors
YES
(2) Aquatic Life Tolerance
HIGH
(2) Intertidal Zone Filtration
NA
(1) Habitat
MEDIUM
(2) In -stream Habitat
HIGH
(3) Baseflow
HIGH
(3) Substrate
HIGH
(3) Stream Stability
LOW
(3) In -stream Habitat
HIGH
(2) Stream -side Habitat
LOW
(3) Stream -side Habitat
LOW
(3) Thermoregulation
LOW
(2) Tidal Marsh In -stream Habitat
NA
(3) Flow Restriction
NA
(3) Tidal Marsh Stream Stability
NA
(4) Tidal Marsh Channel Stability
NA
(4) Tidal Marsh Stream Geomorphology
NA
(3) Tidal Marsh In -stream Habitat
NA
(2) Intertidal Zone
NA
Overall
MEDIUM

NRE
ENVIRONMENTAL
ATTACHMENT 13
NCDMS Conditional Acceptance Letter
The Foundry at Cedar Street Site
Page 13 of 18

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
MARC RECKTENWALD
Director
Justin Houston
Mill Creek Residential Trust
101 W. Worthington Ave., Suite 210
Charlotte, NC 28203
Project: The Foundry at Cedar Street
NORTH CAROLINA
Environmental Quality
March 30, 2023
Expiration of Acceptance: 9/30/2023
County: Mecklenburg
The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to
accept payment for compensatory mitigation for impacts associated with the above referenced project as
indicated in the table below. Please note that this decision does not assure that participation in the DMS in -
lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts.
It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will
be approved. You must also comply with all other state, federal or local government permits, regulations or
authorizations associated with the proposed activity including G.S. § 143-214.11.
This acceptance is valid for six months from the date of this letter and is not transferable. If we have not
received a copy of the issued 404 Permit/401 Certification within this time frame, this acceptance will
expire. It is the applicant's responsibility to send copies of the permits to DMS. Once DMS receives a copy
of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must
be made prior to conducting the authorized work. The amount of the in -lieu fee to be paid by an applicant is
calculated based upon the Fee Schedule and policies listed on the DMS website.
Based on the information supplied by you in your request to use the DMS, the impacts for which you are
requesting compensatory mitigation credit are summarized in the following table. The amount of mitigation
required and assigned to DMS for this impact is determined by permitting agencies and may exceed the
impact amounts shown below.
River Basin
Impact Location
8-di it HUC
Impact Type
Impact Quantity
Catawba
03050103
Warm Stream
115
*DMS proposes to utilize the Catawba 03 Expanded Service Area to meet the mitigation requirement.
Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The
mitigation will be performed in accordance with the In -Lieu Fee Program instrument dated July 28, 2010.
Thank you for your interest in the DMS in -lieu fee mitigation program. If you have any questions or need
additional information, please contact [e-mail].
Sincerely,
FOR James. B Stanfill
Deputy Director
cc: Christine Geist, agent
�,- North Carolina Department of Environmental Quality I Division of Mitigation Services
217 West Jones Street 1 1652 Mail Service Center I Raleigh. North Carolina 27699-1652
r��n.i sannii� �
oeoarurtent memsimme�i Rre 919,707.8976

NRE
ENVIRONMENTAL
ATTACHMENT 14
The Foundry at Cedar Street Site
Page 14 of 18
Threatened and Endangered Species Habitat Assessment Report

Threatened and Endangered Species
Habitat Assessment Report
The Foundry at Cedar Street
(± 4.78 acres)
Mecklenburg County, North Carolina
NRE Project #22.10
December 1412022
Prepared For:
Mill Creek Residential
101 W. Worthington Ave., Suite 210
Charlotte, North Carolina 28203
Prepared By:
NRE
ENVIRONMENTAL
PO Box #401
Fort Mill, SC 29716
www.NREenvironmental.com

NRE
ENVIRONMENTAL
1 INTRODUCTION
Threatened and Endangered Species
Habitat Assessment Report
NRE Project #22.10
December 14, 2022
This report summarizes a Threatened and Endangered Species Habitat Assessment performed by NRE
Environmental, LLC (NRE) for ± 4.78-acre study area on the proposed Foundry at Cedar Street site (Project)
located in Mecklenburg County, North Carolina (Attachment 11. The report was commissioned to provide
information related to the occurrence of federally protected species (T&E) on or within the vicinity of the
proposed Project. The site assessment methodology consisted of reviewing available wildlife habitat
databases and published natural resource information systems, including the United States Fish and
Wildlife Service (USFWS) and North Carolina Natural Heritage Program (NCNHP) online databases, and
performing a field reconnaissance and habitat mapping.
2 METHODS
2.1 Information Review
Publicly available databases of ecological resources and classification systems were reviewed for federally
protected species of concern and their habitat information, as well as, protected and/or precluded lands
information for Mecklenburg County in the state of North Carolina and within the Project area. The
NCNHP Data Explorer and the USFWS Information for Planning and Conservation (IPaC) records for species
of concern and their habitat within or near the Project area was compiled (Attachment 2).
Digital data, including United States Geological Survey (USGS) US Topo quadrangle topographic maps
(Attachment 3), aerial imagery, a Web Soil Survey report from the US Department of Agriculture, Natural
Resource Conservation Service (NRCS), and the National Wetland Inventory (NWI), were reviewed for the
Project and surrounding area. Delineated waters of the US were reviewed for habitat suitability (NRE
2022).
References used for rare, threatened and endangered species and natural communities included, "Manual
of the Vascular Flora of the Carolinas" (Radford et al. 1968), "Guide to the Classification of the Natural
Communities of North Carolina" (Schafale 2012), and "Flora of the Southern and Mid -Atlantic States"
(Weakley 2015).
2.2 Field Reconnaissance
Following the review of digital data, NRE Biologists conducted a field investigation, which consisted of
conducting wide transecting to identify habitat types in the study area and identify plant species and
ecological conditions that are present within those habitats. Habitat types that appeared suitable for any
of the potential listed species that could occur on the study area (which can vary for each species) were
carefully documented and the approximate areas sketched on a map. Areas identified with aerials that
appeared to contain unsuitable habitat were spot checked to be certain no potential habitat was present.
During the reconnaissance, the biologists evaluated existing vegetation and used prepared maps to 1)
ground truth the amount and locations of the landcover and physical features within the Project, 2)
describe the common habitats, 3) identify less common habitats not shown on the maps, and 4) confirm
0a

NRE
ENVIRONMENTAL
Threatened and Endangered Species
Habitat Assessment Report
NRE Project #22.10
December 14, 2022
the presence or absence of suitable habitat for species of concern. Photographs were also taken to
document site conditions.
NRE biologists did not conduct a detailed rare species search during the reconnaissance; however, it was
expected that the location of any T&E or similar species that might be encountered during the field
investigation would be documented and their location noted. A detailed search would be needed in
identified suitable habitat area to search thoroughly for any listed plant or animal species that could
potentially be present during the appropriate time of year (as determined by the USFWS) if the suitable
areas were too large to completely document the area. Small areas of potential habitat that could be
reviewed 100% were searched for listed or similar species if specimens could be identified to species
and/or survey was within the appropriate time of year.
2.3 Habitat Mapping
After the Project field reconnaissance was completed, detailed habitat mapping for all federally listed
threatened and endangered species with potentially suitable habitat present on the Project was
performed in GIS. This process included sketching approximate extents of potential habitat in GIS and
exporting a pdf map depicting the locations (if present; Attachment 4).
3 RESULTS
3.1 Reference Data
Available reference data information is presented below and in the referenced Appendices:
a. Federally Listed Species of Concern and Their Habitat: According to the IPaC and the NCNHP
databases (November 29, 2022), 3 federally endangered species, 1 federally threatened species,
1 proposed federally endangered, and 1 federal candidate species have the potential to occur in
the Project, including 1 mammal, 1 mussel, 1 insect, and 3 plant species (Table 1). Potential
habitat for the bald eagle (Holiaeetus leucocepholus), a federally protected species through the
Bald and Golden Eagle Protection Act, has also been listed.
Table 1. Federally listed species with potential to occur in the Project
Federal
Common Name
Scientific Name
Habitat Notes
Status
Suitable summer roost and foraging
Proposed
habitat include deciduous forest and
Tricolored Bat
Perimyotis subflavis
Endangered
wetlands.
Hibernacula include caves, mines, rock
piles, etc.
Carolina heelsplitter
Lasmigona decorata
Endangered
Cool, clean, well -oxygenated water
Monarch butterfly
Danaus plexippus
Candidate
Grasslands and prairies
Meadows, open woodlands, the
Smooth coneflower
Echinacea laevigata
Threatened
ecotonal regions, cedar barrens, dry
limestone bluffs, clear cuts, and
roadside and utility rights -of -way

NRE
ENVIRONMENTAL
Threatened and Endangered Species
Habitat Assessment Report
NRE Project #22.10
December 14, 2022
Common Name
Scientific Name
Federal
Status
Habitat Notes
Roadside rights -of -way, maintained
power lines and other utility rights -of -
way, edges of thickets and old pastures,
Schweinitz's sunflower
Helianthus schweinitzii
Endangered
clearings and edges of upland oak -pine -
hickory woods and Piedmont longleaf
pine forests, and other sunny or semi -
sunny disturbed habitats
Sandy or rocky, open, upland woods on
Michaux's sumac
Rhus michauxii
Endangered
acidic or circumneutral, well -drained
sands or sandy loam soils with low
cation exchange capacities
b. U.S.G.S. Map: The 2019 Charlotte East USGS Topo Map indicates the site is at an elevation of 664
to 712 feet (Attachment 3). General surface water drainage is to the northwest toward Irwin
Creek. The Project is located in the Lower Catawba River Basin (HUC8 03050103).
c. Soil Survey of Mecklenburg County, North Carolina: The site is located on the Soil Survey of
Mecklenburg County, North Carolina 1. The site contains the following soil series (Attachment 4,
Table 2):
Table 2. Soil Series Mapaed within the Proiect
Soil Series Name
Map Unit
Hydric
Symbol
Cecil -Urban land complex, 2 to 8 percent slopes
CuB
No
Urban Land
Ur
No
Cecil -Urban: The CuB series consists of very deep, well drained, moderately permeable soils on
ridges and side slopes of the Piedmont uplands. The parent material is saprolite formed from
granite and gneiss and/or schist, with urban components consisting of impervious layers over
human transported material. The depth to water table is greater than 80 inches. Slope ranges
from 2 to 8 percent.
Urban: The Urban series consists of impervious layers over human -transported material.
d. Jurisdictional Waters of the USDelineation: One unnamed perennial tributary to Irwin Creek was
delineated on the site by NRE Environmental on July 28, 2022 (subject to USACE concurrence; NRE
2022). The GPS mapped location of delineated wetlands and other waters are indicated on
Attnrhmant A
e. Photographs: Photographs of the Project area depict the site landcover and or potential habitat,
as shown in Attachment 5.
1 Soil Survey Staff, Natural Resources Conservation Service, United States Department of Agriculture. Web Soil Survey. Available
online. Accessed [August/1/2022]
4

NRE
ENVIRONMENTAL
Threatened and Endangered Species
Habitat Assessment Report
NRE Project #22.10
December 14, 2022
3.2 Potential Habitat and Suitability (Attachment 4)2
A field visit was conducted by Principal Scientist, Christine Geist, PWS, within the Project area on
December 8, 2022. Potential habitat was reviewed within open fields, commercial areas, and
streams within the Project (Attachment 4). These areas were assessed to determine if they could
provide suitable habitat if appropriate soils/conditions were present. The Project area is primarily
urbanized, with impervious surfaces in the west, and open field underlain with gravel in the east
(Photo 1 and Photo 2). The open areas are used for stadium parking and consist of maintained
grasses, including Indian goosegrass (Eleusine indica), and weedy forbs (Plantago lanceolate,
Capsella bursa-pastoris, Glechoma hederacea, and Trifolium repens, Photo 2). There are several
ornamental trees throughout the site, including crepe myrtle (Lagerstroemia spp.), oak (Quercus
spp.), box elder (Acer negundo), mulberry (Morus sp.), walnut (Juglans nigra), sugar berry (Celtis
laevigata), magnolia (Magnolia grandiflora) and black cherry (Prunus serotina) (Photo 3).
Along the edges of the maintained field, a moderately dense shrub and herb layer is present,
including invasive kudzu (Pueraria montana), privet (Ligustrum lucidum), blackberry (Rubus
argutus), pokeweed (Phytolacca americans), goldenrod (Solidago spp.), poison ivy
(Toxicodendron radicans) and ivy (Hedera helix) (Photo 4).
One small, modified tributary is also located on the site, which was reviewed for suitable habitat
for freshwater species (Photo 5).
3.3 Listed Species and their Potential for Occurrence within the Project3
The following species were reviewed for their potential to occur within the Project.
Tricolored bat (Perimyotis subflavis)4
Habitat: In North Carolina, the tricolored bat (TCB) occurs throughout the state. They typically
spend winter hibernating in caves and mines, with recent survey data indicating the bats use gold
mine portals in the Piedmont. During the summer, TCB often roost singly underneath bark, in
cavities, or in crevices of both live and dead trees. This bat also been found to roost in structures
like barns and sheds, under eaves of buildings, behind window shutters, in bridges, and in bat
houses. Foraging occurs on forested hillsides and ridges, and occasionally over forest clearings,
over water, and along tree -lined corridors. Trees and human structures are important maternity
roosts.
Biological conclusion: No effect
Z Protected Species biological information from Protected Species Survey Windows and Habitat Descriptions_NCDOT.pdf.
Available at:
https://connect. ncdot.gov/resources/Envi ron menta I/EAU/ECAP/Documents/Protected%20Species%2OSurvey%2OW i ndows%20
and%20Habitat%2ODescriptions.pdf
s Protected Species biological information from Protected Species Survey Windows and Habitat Descriptions_NCDOT.pdf.
Available at:
https://connect. ncdot.gov/resources/Envi ron menta I/EAU/ECAP/Documents/Protected%20Species%2OSurvey%2OW i ndows%20
and%20Habitat%2ODescriptions.pdf
4 U.S. Fish and Wildlife Service. 2021. Species Status Assessment Report for the Tricolored Bat (Perimyotis subflavus), Version
1.1. December 2021. Hadley, MA.

NRE
ENVIRONMENTAL
Threatened and Endangered Species
Habitat Assessment Report
NRE Project #22.10
December 14, 2022
Artificial structures (old foundry buildings) that could be used as roost habitat are present within
the Project area; however, suitable foraging habitat is limited for this highly urbanized location,
which reduces the probability of site use (Photos 1 and 2). A review of NCNHP records on
November 29, 2022, also, indicates no known occurrences within 1.0 mile of the study area.
On September 13, 2022, the USFWS proposed to list the tricolored bat as an endangered species.
This proposed listing is under a public comment period. Removal of suitable roost locations or
foraging habitat may require further review upon a change to the federal listing status of the
species. Because the site lacks suitable habitat and the species has not yet been formally placed
on the endangered species list, it has been determined that this project will not affect this species.
b. Carolina heelsplitter (Lasmigona decorata)
Habitat: The Carolina heelsplitter currently has a very fragmented, relict distribution but
historically was known from several locations within the Catawba and Pee Dee River systems in
North Carolina and the Pee Dee and Savannah River systems, and possibly the Saluda River
system, in South Carolina. Recent collection records indicate that the Carolina heelsplitter has
been eliminated from the majority of its historical range, and only six populations are presently
known to exist. In Union County, NC, one small remnant population occurs in Waxhaw Creek, a
tributary to the Catawba River, and another small population occurs in both Goose Creek, a
tributary in the Rocky River, and Duck Creek, a tributary to Goose Creek, in the Pee Dee River
system. In South Carolina, there are four small surviving populations —one each in the Pee Dee
and Catawba River systems and two in the Savannah River system. Historically, the Carolina
heelsplitter was reported from small to large, moderate -gradient streams and rivers as well as
ponds. Presently, the species is known to occur in only nine small streams and one small river. It
has been recorded from a variety of substrates (including mud, clay, sand, gravel, and
cobble/boulder/bedrock) without significant silt accumulations, along stable, well -shaded stream
banks. The stability of the stream banks and stream bottom appears to be a habitat feature
essential to the species. These factors include pollutants in wastewater discharges (sewage
treatment plants and industrial discharges); habitat loss and alteration associated with
impoundments, channelization, and dredging operations; channel and streambank scouring
associated with increased storm -water runoff; and the runoff of silt, fertilizers, pesticides, and
other pollutants from various land disturbance activities with inadequate or poorly maintained
erosion and stormwater control.
Biological conclusion: No effect
There is no habitat within the Project area. One small tributary is present within the Project area
(Attachment 4; Photo 5), but it is low quality, heavily embedded, and is discontinuous from
downstream waters. The tributary has been manipulated within an urban area. A review of NHP
records on November 29, 2022, also indicates no known occurrences within 1.0 mile of the study
area. Due to the lack of habitat and no known occurrences, it has been determined that this
project will not affect this species.
c. Monarch butterfly (Danaus plexippus)
Habitat: According to the USFWS, the monarch butterfly was proposed as a Candidate species on
December 17, 2020 (85 FR 81813 81822). It was determined that listing the Monarch under the

NRE
ENVIRONMENTAL
Threatened and Endangered Species
Habitat Assessment Report
NRE Project #22.10
December 14, 2022
Endangered Species Act is warranted but precluded at this time by higher priority listing actions
and will be reviewed annually until a proposal to list the species is developed.
Biological conclusion: No effect
No habitat is present within the Project area, nor has the monarch butterfly been formally placed
on the endangered species list; therefore, it has been determined that this project will not affect
this species.
d. Smooth coneflower (Echinacea laevigata)
Habitat: Smooth coneflower, a perennial herb, is typically found in meadows, open woodlands,
the ecotonal regions between meadows and woodlands, cedar barrens, dry limestone bluffs, clear
cuts, and roadside and utility rights -of -way. In North Carolina, the species normally grows in
magnesium- and calcium- rich soils associated with gabbro and diabase parent material, and
typically occurs in Iredell, Misenheimer, and Picture soil series. It grows best where there is
abundant sunlight, little competition in the herbaceous layer, and periodic disturbances (e.g.,
regular fire regime, well-timed mowing, careful clearing) that prevents encroachment of shade -
producing woody shrubs and trees. On sites where woody succession is held in check, it is
characterized by a number of species with prairie affinities.
Biological conclusion: No effect
There is no habitat within the Project area (Photos 2 to 4). The project area does not have the
appropriate soil and the maintained field edges had a dense herbaceous/invasive vine layer,
which are not suitable areas for smooth coneflower. A review of NHP records on November 29,
2022, also indicates no known occurrences within 1.0 mile of the study area. Due to the lack of
habitat and lack of known occurrences, it has been determined that this project will not affect this
species.
e. Schweinitz's sunflower (Helianthus schweinitzii)
Habitat: Schweinitz's sunflower is endemic to the Piedmont of North and South Carolina. The few
sites where this rhizomatous perennial herb occurs in relatively natural vegetation are found in
Xeric Hardpan Forests. The species is also found along roadside rights -of -way, maintained power
lines and other utility rights -of -way, edges of thickets and old pastures, clearings and edges of
upland oak -pine -hickory woods and Piedmont longleaf pine forests, and other sunny or semi -
sunny habitats where disturbances (e.g., mowing, clearing, grazing, blow downs, storms, frequent
fire) help create open or partially open areas for sunlight. It is intolerant of full shade and excessive
competition from other vegetation. Schweinitz's sunflower occurs in a variety of soil series,
including Badin, Cecil, Cid, Enon, Gaston, Georgeville, Iredell, Mecklenburg, Misenheimer, Secrest,
Tatum, Uwharrie, and Zion, among others. It is generally found growing on shallow sandy soils
with high gravel content; shallow, poor, clayey hardpans; or shallow rocky soils, especially those
derived from mafic rocks.
Biological conclusion: No effect
There is no habitat within the Project area (Photos 2 to 4). The project area does not have the
appropriate soil and the maintained field edges had a dense herbaceous/invasive vine layer,
which are not suitable areas for Schweinitz's sunflower. Based on a site visit to a nearby reference
population of Schweinitz's sunflower on December 5, 2022, it was determined that the plant

NRE
ENVIRONMENTAL
Threatened and Endangered Species
Habitat Assessment Report
NRE Project #22.10
December 14, 2022
should still be observable during the survey period (Photo 6). A review of NHP records on
November 29, 2022, also indicates no known occurrences within 1.0 mile of the study area. Due
to the lack of observed sunflower species and lack of known occurrences, it has been determined
that this project will not affect this species.
f. Michaux's sumac (Rhus michauxii)
Habitat: Michaux's sumac, endemic to the inner Coastal Plain and lower Piedmont, grows in sandy
or rocky, open, upland woods on acidic or circumneutral, well -drained sands or sandy loam soils
with low cation exchange capacities. The species is also found on sandy or submesic loamy swales
and depressions in the fall line Sandhills region as well as in openings along the rim of Carolina
bays; maintained railroad, roadside, power line, and utility rights -of way; areas where forest
canopies have been opened up by blowdowns and/or storm damage; small wildlife food plots;
abandoned building sites; under sparse to moderately dense pine or pine/hardwood canopies;
and in and along edges of other artificially maintained clearings undergoing natural succession. In
the central Piedmont, it occurs on clayey soils derived from mafic rocks. The plant is shade
intolerant and, therefore, grows best where disturbance (e.g., mowing, clearing, grazing, periodic
fire) maintains its open habitat.
Biological conclusion: No effect
The field edges were inspected and reviewed for suitability, but were determine to be too
overgrown and shaded for the Michaux's sumac (Photos 2 to 4). A review of NHP records on
November 29, 2022, also indicates no known occurrences within 1.0 mile of the study area. Due
to the lack of habitat and lack of known occurrences, it has been determined that this project will
not affect this species.
g. Bald eagle (Haliaeetus leucocephalus)
Habitat: The bald eagle is protected under the Bald and Golden Eagle Protection Act, and enforced
by the USFWS. Habitat for the bald eagle primarily consists of mature forests in proximity to large
bodies of open water for foraging. Large dominant trees are utilized for nesting sites, typically
within 1.0 mile of open water.
Biological conclusion: No effect
A desktop-GIS assessment of the project study area, as well as the area within a 1.0-mile radius
of the project limits, was performed on November 29, 2022 using Google Earth color aerials. No
water bodies large enough or sufficiently open to be considered potential feeding sources were
identified. Since there was no foraging habitat within the review area, a survey of the project
study area and the area within 660 feet of the project limits was not conducted. Additionally, a
review of the NHP database on November 29, 2022 revealed no known occurrences of this species
within 1.0 mile of the project study area. Due to the lack of habitat, known occurrences, and
minimal impact anticipated for this project, it has been determined that this project will not affect
this species.

NRE
ENVIRONMENTAL
4 CONCLUSION
Threatened and Endangered Species
Habitat Assessment Report
NRE Project #22.10
December 14, 2022
A field review of the Project area was conducted by NRE biologists on December 8, 2022. NRE
biologists did not observe any suitable habitat for listed species within the Project area; therefore, the
Project will have no effect on any federally listed this species (Table 3). Artificial roost habitat for the
tricolored bat may be present within the Project; however, the structures are not proposed for
disturbance on the Project, and lack of foraging habitat limits probability of use. Therefore, it has been
determined that this project will not affect this species. In addition, the Project will have no effect on
the monarch butterfly, as no suitable habitat was observed and listing of this species is warranted but
precluded at this time by higher priority listing actions; therefore, it has been determined that this
project will not affect this species.
Table 3. Federally listed species with potential to occur in the Proiect
Common Name
Scientific Name
Federal Status*
Habitat
Present
Biological
Conclusion
Tricolored Bat
Perimyotis subflavis
Proposed
Endangered
No
No effect
Carolina heelsplitter
Lasmigona decorata
Endangered
No
No effect
Monarch butterfly
Danaus plexippus
Candidate
No
No effect
Smooth coneflower
Echinacea laevigata
Threatened
No
No effect
Schweinitz's sunflower
Helianthus schweinitzii
Endangered
No
No effect
Michaux's sumac
Rhus michauxii
Endangered
No
No effect
Bald Eagle
Haliaeetus leucocephalus
BGPA
No
No effect
* BGPA— Bald and Golden Eagle Protection Act
5 PROFESSIONAL STANDARDS
NRE Environmental, LLC has performed the Services with the standard of care normally exercised by
professional consultants performing comparable services under similar conditions at the time the Services
were rendered. NRE Environmental, LLC has performed the Services with recognized prudent professional
standards applicable in the industry, and in accordance with all applicable laws, regulations, standards
and codes.
6 REFERENCES
NRE Environmental, LLC. 2022. Wetlands and Other Waters Delineation Report; The Foundry; August 1,
2022. 30 pp.
Radford, A.E., H.E. Ahles, and C.R. Bell. 1968. Manual of the vascular flora of the Carolinas. Univ. North
Carolina Press, Chapel Hill, NC. 1183 pp.
RJ

NRE
ENVIRONMENTAL
Threatened and Endangered Species
Habitat Assessment Report
NRE Project #22.10
December 14, 2022
Schafale, Michael. P. 2012. Guide to the Classification of the Natural Communities of North Carolina (4th
Approximation). North Carolina Natural Heritage Program, Division of Parks and Recreation, Department
of Environment and Natural Resources. Raleigh, NC. 217 pp.
Weakley, Alan S. 2015 Flora of the Southern and Mid -Atlantic States: Working Draft of 21 May 2015.
University of North Carolina Herbarium (NCU), North Carolina Botanical Garden, Chapel Hill, NC. 1320 pp.
Also accessible at http://www.herbarium.unc.edu/flora.htm.
10

NRE
ENVIRONMENTAL
ATTACHMENT 1
Vicinity Map
11
Threatened and Endangered Species
Habitat Assessment Report
NRE Project #22.10
December 14, 2022

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Date
Site Location December 14, 2022
NREo. The Foundry at Cedar Street ProjectN22-10
ENVIRONMENTAL Mecklenburg County Drawn By:
Charlotte, North Carolina CAG

NRE
ENVIRONMENTAL
Threatened and Endangered Species
Habitat Assessment Report
NRE Project #22.10
December 14, 2022
ATTACHMENT 2
Agency Coordination
USFWS IPAC Report and NCNHP Resource Letter
12

11/29/22, 1:06 PM IPaC: Explore Location resources
IPaC U.S. Fish & Wildlife Service
IPaC resource list
This report is an automatically generated list of species and other resources such as critical
habitat (collectively referred to as trust resources) under the U.S. Fish and Wildlife Service's
(USFWS) jurisdiction that are known or expected to be on or near the project area referenced
below. The list may also include trust resources that occur outside of the project area, but
that could potentially be directly or indirectly affected by activities in the project area.
However, determining the likelihood and extent of effects a project may have on trust
resources typically requires gathering additional site -specific (e.g., vegetation/species
surveys) and project -specific (e.g., magnitude and timing of proposed activities) information.
Below is a summary of the project information you provided and contact information for the
USFWS office(s) with jurisdiction in the defined project area. Please read the introduction to
each section that follows (Endangered Species, Migratory Birds, USFWS Facilities, and NWI
Wetlands) for additional information applicable to the trust resources addressed in that
section. 1,,J
Location
Mecklenburg County, North Carolina _0�
F', I, r ■
FOaM
/5
Local office
Asheville Ecological Services Field Office
k. [phone]
Q [phone]
160 Zillicoa Street
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Asheville, NC 28801-1082
IPaC: Explore Location resources
�o�
Foy
o�
Gp� \S�e
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Endangered species
This resource list is for informational purposes only and does not constitute an analysis
of project level impacts.
The primary information used to generate this list is the known or expected range of each
species. Additional areas of influence (AOI) for species are also considered. An AOI includes
areas outside of the species range if the species could be indirectly affected by activities in
that area (e.g., placing a dam upstream of a fish population even if that fish does not occur at
the dam site, may indirectly impact the species by reducing or eliminating water flow
downstream). Because species can move, and site conditions can change, the species on this
list are not guaranteed to be found on or near the project area. To fully determine any
potential effects to species, additional site -specific and project -specific information is often
required.
Section 7 of the Endangered Species Act requires Federal agencies to "request of the
Secretary information whether any species which is listed or proposed to be listed may be
present in the area of such proposed action" for any project that is conducted, permitted,
funded, or licensed by any Federal agency. A letter from the local office and a species list
which fulfills this requirement can only be obtained by requesting an official species list from
either the Regulatory Review section in IPaC (see directions below) or from the local field
office directly.
For project evaluations that require USFWS concurrence/review, please return to the IPaC
website and request an official species list by doing the following:
1. Draw the project location and click CONTINUE.
2. Click DEFINE PROJECT.
3. Log in (if directed to d❑ so).
4. Provide a name and description for your project.
5. Click REQUEST SPECIES LIST.
Listed speciesi and their critical habitats are managed by the Ecological Services Program of
the U.S. Fish and Wildlife Service (USFWS) and the fisheries division of the National Oceanic
and Atmospheric Administration (NOAA Fisheries).
Species and critical habitats under the sole responsibility of NOAA Fisheries are not shown
on this list. Please contact NOAA Fisheries for species under their jurisdiction.
1. Species listed under the Endangered Species Act are threatened or endangered; IPaC also
shows species that are candidates, or proposed, for listing. See the listing status page for
more information. IPaC only shows species that are regulated by USFWS (see FAQ).
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IPaC: Explore Location resources
2. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office
of the National Oceanic and Atmospheric Administration within the Department of
Commerce.
The following species are potentially affected by activities in this location:
Mammals
NAME
Tricolored Bat Perimyotis subflavus
Wherever found
No critical habitat has been designated for this species.
https.//ecos.fw5,gov/ecp. species/10515
Insects
NAME
STATUS
Proposed Endangered
STATUS
Monarch Butterfly ❑anaus plexippus Candidate
Wherever found }ii
No critical habitat has been designated for this species. 100%
https://ecos.fws.gov/ecplspecies/9743 L
0\1
Flowering Plants
NAME <X STATUS
Michaux's Sumac Rhus michauxii
Wherever found
No critical habitat has been designated for this species.
hh ps://ecos.fws.gov/ecplspecies/5217
Schweinitz's Sunflower Helianthus schweinitzii
Wherever found
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp/species/3849
Smooth Coneflower Echinacea laevigata
Wherever found
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp/species/3473
Critical habitats
Endangered
Endangered
Threatened
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Potential effects to critical habitat(s) in this location must be analyzed along with the
endangered species themselves.
There are no critical habitats at this location.
Migratory birds
Certain birds are protected under the Migratory Bird Treaty Acts and the Bald and Golden
Eagle Protection Act?.
Any person or organization who plans or conducts activities that may result ill impacts to
migratory birds, eagles, and their habitats should follow appropriate regulations and
consider implementing appropriate conservation measures, as described below.
1. The Migratory Birds Treaty Act of 1918.
2. The Bald and Golden Eagle Protection Act of 1940. 104\
e
Additional information can be found using the following links:
• Birds of Conservation Concern https://www.fws.gov/programlmigratory-birds/species
• Measures for avoiding and minimizing impacts to birds
https://www.fws.gov/library/col lections/avoid ing-a nd-mi nimizi ng-incidental-take-
m igratory-bi rds
• Nationwide conservation measures for birds
https,//www.fws.gov/sites/default/files/documents/nationwide-standard-conservation-
measures.pdf
The birds listed below are birds of particular concern either because they occur on the
USFWS Birds of Conservation Concern (BCC} list or warrant special attention in your
project location. To learn more about the levels of concern for birds on your list and how
this list is generated, see the FAQ below, This is not a list of every bird you may find in this
location, nor a guarantee that every bird on this list will be found in your project area. To see
exact locations of where birders and the general public have sighted birds in and around
your project area, visit the E-bird data mapping tool (Tip: enter your location, desired date
range and a species on your list). For projects that occur off the Atlantic Coast, additional
maps and models detailing the relative occurrence and abundance of bird species on your
list are available. Links to additional information about Atlantic Coast birds, and other
important information about your migratory bird list, including how to properly interpret and
use your migratory bird report, can be found below.
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For guidance on when to schedule activities or implement avoidance and minimization
measures to reduce impacts to migratory birds on your list, click on the PROBABILITY OF
PRESENCE SUMMARY at the top of your list to see when these birds are most likely to be
present and breeding in your project area.
NAME
Bald Eagle Haliaeetus leucocephalus
This is not a Bird of Conservation Concern (BCC) in this area,
but warrants attention because of the Eagle Act or for potential
susceptibilities in offshore areas from certain types of
development or activities.
Black -billed Cuckoo Coccyzus erythropthalmus
This is a Bird of Conservation Concern (BCC) throughout its
range in the continental USA and Alaska.
https://ecos.fws.gov/ecplspeci es/9399
BREEDING SEASON
Breeds Sep 1 to Jul 31
Breeds May 15 to Oct 10
. 'A
0\
Cerulean Warbler Dendraica cerulea j Breeds Apr 28 to Jul 20
This is a Bird of Conservation Concern (BCC) throughout Its.
woll
range in the continental USA and Alaska.
https:Ilecos.Fws.gavlecp/species12974 4
NA
Chimney Swift Chaetura pelagica 01%r Breeds Mar 15 to Aug 25
This is a Bird of Conservation Concern (BCC) throughout its
range in the continental USA and Alaska.
Kentucky Warbler Oporornis formosus
This is a Bird of Conservation Concern (BCC) throughout its
range in the continental USA and Alaska.
4�
Prairie Warbler Dendroica discolor
This is a Bird of Conservation Concern (BCC) throughout its
range in the continental USA and Alaska.
Prothonotary Warbler Protonotaria citrea
This is a Bird of Conservation Concern (BCC) throughout its
range in the continental USA and Alaska.
Red-headed Woodpecker Melanerpes erythrocephalus
This is a Bird of Conservation Concern (BCC) throughout its
range in the continental USA and Alaska.
Breeds Apr 20 to Aug 20
Breeds May 1 to Jul 31
Breeds Apr 1 to Jul 31
Breeds May 10 to Sep 10
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Rusty Blackbird Euphagus carolinus Breeds elsewhere
This is a Bird of Conservation Concern (BCC) only in particular
Bird Conservation Regions (BCRs) in the continental USA
Wood Thrush Hylocichla mustelina Breeds May 10 to Aug 31
This is a Bird of Conservation Concern (BCC) throughout its
range in the continental USA and Alaska.
Probability of Presence Summary
The graphs below provide our best understanding of when birds of concern are most likely
to be present in your project area. This information can be used to tailor and schedule your
project activities to avoid or minimize impacts to birds. Please make sure you read and
understand the FAQ "Proper Interpretation and Use of Your Migratory Bird Report" before
using or attempting to interpret this report.
Probability of Presence ( ) 00( Dok%
Each green bar represents the bird's relative probability of presence in the 10km grid cell(s)
your project overlaps during a particular week of the year. (A year is represented as 12 4-
week months.) A taller bar indicates a higher probability of species presence. The survey
effort (see below) can be used to establish a level of confidence in the presence score. One
can have higher confidence in the presence score if the corresponding survey effort is also
high.
How is the probability of presence score calculated? The calculation is done in three steps:
1. The pro babiiity of presence for each week is calculated as the number of survey events ire
the week where the species was detected divided by the total number of survey events
for that week. For example, if in week 12 there were 20 survey events and the Spotted
Towhee was found in 5 of them, the probability of presence of the Spotted Towhee in
week 12 is 0.25.
2. To properly present the pattern of presence across the year, the relative probability of
presence is calculated. This is the probability of presence divided by the maximum
probability of presence across all weeks. For example, imagine the probability of
presence in week 20 for the Spotted Towhee is 0.05, and that the probability of presence
at week 12 (0.25) is the maximum of any week of the year. The relative probability of
presence on week 12 is 0.25/0.25 = 1; at week 20 it is 0.05/0.25 = 0.2.
3. The relative probability of presence calculated in the previous step undergoes a statistical
conversion so that all possible values fall between 0 and 10, inclusive. This is the
probability of presence score.
To see a bar's probability of presence score, simply hover your mouse cursor over the bar.
Breeding Season( )
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Yellow bars denote a very liberal estimate of the time -frame inside which the bird breeds
across its entire range. If there are no yellow bars shown for a bird, it does not breed in your
project area.
Survey Effort ( )
Vertical black lines superimposed on probability of presence bars indicate the number of
surveys performed for that species in the 10km grid cell(s) your project area overlaps. The
number of surveys is expressed as a range, for example, 33 to 64 surveys.
To see a bar's survey effort range, simply hover your mouse cursor over the bar.
No Data (—)
A week is marked as having no data if there were no survey events for that week.
Survey Timeframe
Surveys from only the last 10 years are used in order to ensure delivery of currently relevant
information. The exception to this is areas off the Atlantic toast, where bird returns are
based on all years of available data, since data in these areas is currently much more sparse.
probability of presence breeding season i survey effort -- n❑ data
SPECIES JAN FEB MAR APR MAY JUN JUL. AUG SEP OCT NOV DEC
Bald Eagle1 ��11"
Non -BCC 1114 i111 1111 IIII I I�
Vulnerable
Black -billed
Cuckoo
BCC Rangewide
(CON)
Cerulean
Warbler
BCC Rangewide
(CON)
Chimney Swift
BCC Rangewide
(CON)
Kentucky
Warbler
BCC Rangewide
(CON)
Prairie Warbler I I I I I
BCC Rangewide
(CON)
Prothonotary I I I I I
Warbler
BCC Rangewide
(CON)
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Red-headed Woodpecker 00*0 0000 00+0 *000 +��� i i i i i i N++ ���� on ++I* III$
BCC Rangewide
(CON)
Rusty Blackbird T+�T 11111110
++ T* +4+ t4+ +++ I ++++ ++++ +t+ +++ I I III miss
BCC - BCR T I T TTT
Wood Thrush BCC Rangewide 1 1-++ + ++-1 + *000 00 I
(CON)
Tell me more about conservation measures I can implement to avoid or minimize impacts to migratory
birds.
Nationwide Conservation Measures describes measures that can help avoid and minimize impacts to all
birds at any location year round. Implementation of these measures is particularly important when birds
are most likely to occur in the project area. When birds may be breeding in the area, identifying the
locations of any active nests and avoiding their destruction is a very helpful impact minimization measure.
To see when birds are most likely to occur and be breeding in your project area, view the Probability of
Presence Summary. Additional measures or permits may be advisable depending on the type of activity
you are conducting and the type of infrastructure or bird species present on your project site.
What does IPaC use to generate the list of migratory birds that potentially occur in my specified
location?
The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern (BCC). and other
species that may warrant special attention in your project location.
The migratory bird list generated far your project is derived from data provided by the Avian Knowledge
Network (AKNj. The AKN data is based on a growing collection of survey, banding, and citizen science
datasets and is queried and filtered to return a list of those birds reported as occurring in the 10km grid
ceII(s) which your project intersects, and that have been identified as warranting special attention because
they are a BCC species in that area, an eagle (Eagle Act requirements may apply), or a species that has a
particular vulnerability to offshore activities or development.
Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your project area.
K is not representative of all birds that may occur in your project area. To get a list of all birds potentially
present in your project area, please visit the Rapid Avian Information Locator (RAIL) Tool.
What does IPaC use to generate the probability of presence graphs for the migratory birds potentially
occurring in my specified location?
The probability of presence graphs associated with your migratory bird list are based on data provided by
the Avian Knowledge Network (AKN). This data is derived from a growing collection of survey., banding, and
citizen science datasets.
Probability of presence data is continuously being updated as new and better information becomes
available. To learn more about how the probability of presence graphs are produced and how to interpret
them, go the Probability of Presence Summary and then click on the "Tell me about these graphs" link.
How do I know if a bird is breeding, wintering or migrating in my area?
https:Hipac.ecosphere.fws.gov/location/GBAZB56JE5CSZAJDKYNPLMWL2A/resources 9/13

11/29/22, 1:06 PM
IPaC: Explore Location resources
To see what part of a particular bird's range your project area falls within (i.e. breeding, wintering,
migrating or year-round), you may query your location using the RAIL Tool and look at the range maps
provided for birds in your area at the bottom of the profiles provided for each bird in your results. If a bird
on your migratory bird species list has a breeding season associated with it, if that bird does occur in your
project area, there may be nests present at some point within the timeframe specified. If "Breeds
elsewhere" is indicated, then the bird likely does not breed in your project area.
What are the levels of concern for migratory birds?
Migratory birds delivered through IPaC fall into the following distinct categories of concern:
1. "BCC Rangewide" birds are Birds of Conservation Concern (BCC) that are of concern throughout their
range anywhere within the USA (including Hawaii, the Pacific Islands, Puerto Rico, and the Virgin
islands);
2. "BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation Regions (BCRs) in
the continental USA; and
3. "Nan -BCC - Vulnerable" birds are not BCC species in your project area, but appear on your list either
because of the Eagle Act requirements (for eagles) or (for non -eagles) potential susceptibilities in
offshore areas from certain types of development or activities (e.g. offshore energy development or
longline fishing).
Although it is important to try to avoid and minimize impacts to all birds, efforts should be made, in
particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC species of
rangewide concern. For more information on conservation measures you can implement to help avoid and
minimize migratory bird impacts and requirements for eagles, please see the FAQs for these topics.
Details about birds that are potentially affected by offshore projects
For additional details about the relative occurrence and abundance of both individual bird species and
groups of bird species within your project area off the Atlantic Coast, please visit the Northeast Ocean Data
Portal. The Portal also offers data and information about other taxa besides birds that may be helpful to
you in your project review. Aftemate ly, you may download the bird model results files underlying the portal
maps through the NOAA NCCOS Integrative Statistical Modeling and Predictive Mapping of Marine Bird
distributions and Abundance on the Atlantic Outer Continental Shelf project webpage.
Bird tracking data can also provide additional details about occurrence and habitat use throughout the
year, including migration. Models relying on survey data may not include this information. For additional
information on marine bird tracking data, see the Diving Bird Study. and the nanotag studies or contact
Caleb Spiegel or Pam Loring.
What if I have eagles on my list?
If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid violating
the Eagle Act should such impacts occur.
Proper Interpretation and Use of Your Migratory Bird Report
The migratory bird list generated is not a list of all birds in your project area, only a subset of birds of
priority concern. To learn more about how your list is generated, and see options for identifying what
other birds may be in your project area, please see the FAQ "What does IPaC use to generate the migratory
https:Hipac.ecosphere.fws.gov/location/GBAZB56JE5CSZAJDKYNPLMWL2A/resources 10/13

11/29/22, 1:06 PM
IPaC: Explore Location resources
birds potentially occurring in my specified location". Please be aware this report provides the "probability
of presence" of birds within the 10 km grid cell(s) that overlap your project; not your exact project
footprint. On the graphs provided, please also look carefully at the survey effort (indicated by the black
vertical bar) and for the existence of the "no data" indicator (a red horizontal bar). A high survey effort is
the key component. If the survey effort is high, then the probability of presence score can be viewed as
more dependable. In contrast, a low survey effort bar or no data bar means a lack of data and, therefore, a
lack of certainty about presence of the species. This list is not perfect; it is simply a starting point for
identifying what birds of concern have the potential to be in your project area, when they might be there,
and if they might be breeding (which means nests might be present). The list helps you know what to look
for to confirm presence, and helps guide you in knowing when to implement conservation measures to
avoid or minimize potential impacts from your project activities, should presence be confirmed. To learn
more about conservation measures, visit the FAQ "Tell me about conservation measures I can implement
to avoid or minimize impacts to migratory birds" at the bottom of your migratory bird trust resources
page.
Coastal Barrier Resources System
Projects within the John H. Chafee Coastal Barrier Resources System (CBRS) may be subject
to the restrictions on Federal expenditures and financial assistance and the consultation
requirements of the Coastal Barrier Resources Act (CBRA) (15 U.S.C. 3501 et seq.). For more
information, please contact the local Ecological Services Field Office or visit the CBRA
Consultations website. The CBRA website provides tools such as a flow chart to help
determine whether consultation is required and a template to facilitate the consultation
process.
There are no known Coastal barriers at this location.
Data limitations
The CBRS boundaries used in IPaC are representations of the controlling boundaries, which are depicted
on the official CBRS maps. The boundaries depicted in this layer are not to be considered authoritative for
in/out determinations close to a CBRS boundary (i.e., within the "CBRS Buffer Zone" that appears as a
hatched area on either side of the boundary). For projects that are very close to a CBRS boundary but do
not clearly intersect a unit, you may contact the Service for an official determination by following the
instructions here: https://www.fws.gov/service/coastal-barrier-resources-system-property-documentation
Data exclusions
CBRS units extend seaward out to either the 20- or 30-foot bathymetric contour (depending on the location
of the unit). The true seaward extent of the units is not shown in the CBRS data, therefore projects in the
offshore areas of units (e.g., dredging, breakwaters, offshore wind energy or oil and gas projects) may be
subject to CBRA even if they do not intersect the CBRS data. For additional information, please contact
[e-mail].
https:Hipac.ecosphere.fws.gov/location/GBAZB56JE5CSZAJDKYNPLMWL2A/resources 11 /13

11/29/22, 1:06 PM
IPaC: Explore Location resources
Facilities
National Wildlife Refuge lands
Any activity proposed on lands managed by the National Wildlife Refuge system must
undergo a 'Compatibility Determination' conducted by the Refuge. Please contact the
individual Refuges to discuss any questions or concerns.
There are no refuge lands at this location.
Fish hatcheries
\01
There are no fish hatcheries at this location. 104\
Wetlands in the National Wetlands Inventory
(NWI)
Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under
Section 404 of the Clean Water Act, or other State/Federal statutes.
For more information please contact the Regulatory Program of the local U.S. Army Corps of
Engineers District.
This location did not intersect any wetlands mapped by NWI.
NOTE: This initial screening does not replace an on -site delineation to determine whether
wetlands occur. Additional information on the NWI data is provided below.
Data limitations
The Service's objective of mapping wetlands and deepwater habitats is to produce reconnaissance level
information on the location, type and size of these resources. The maps are prepared from the analysis of
high altitude imagery. Wetlands are identified based on vegetation, visible hydrology and geography. A
margin of error is inherent in the use of imagery; thus, detailed on -the -ground inspection of any particular
site may result in revision of the wetland boundaries or classification established through image analysis.
https:Hipac.ecosphere.fws.gov/location/GBAZB56JE5CSZAJDKYNPLMWL2A/resources 12/13

11/29/22, 1:06 PM
IPaC: Explore Location resources
The accuracy of image interpretation depends on the quality of the imagery, the experience of the image
analysts, the amount and quality of the collateral data and the amount of ground truth verification work
conducted. Metadata should be consulted to determine the date of the source imagery used and any
mapping problems.
Wetlands or other mapped features may have changed since the date of the imagery or field work. There
may be occasional differences in polygon boundaries or classifications between the information depicted
on the map and the actual conditions on site.
Data exclusions
Certain wetland habitats are excluded from the National mapping program because of the limitations of
aerial imagery as the primary data source used to detect wetlands. These habitats include seagrasses or
submerged aquatic vegetation that are found in the intertidal and subtidal zones of estuaries and
nearshore coastal waters. Some deepwater reef communities (coral or tuberficid warm reefs) have m als�
been excluded frothe inventory. These habitats, because of their depth, go undetected by aerial
imagery.
Data precautions
Federal, state, and local regulatory agencies with jurisdiction over wetlands may define and describe
wetlands in a different manner than that used in this inventory. There is no attempt, in either the design or
products of this inventory, to define the limits of proprietary jurisdiction of any Federal, state, or local
government or to establish the geographical scope of the regulatory programs of government agencies.
Persons intending to engage in activities involving modifications within or adjacent to wetland areas should
seek the advice of appropriate Federal, state, or local agencies concerning specified agency regulatory
programs and proprietary jurisdictions that may affect such activities.
https:Hipac.ecosphere.fws.gov/location/GBAZB56JE5CSZAJDKYNPLMWL2A/resources 13/13

Roy Cooper, Governor
9" 0 INC DEPARTMENT OF
""i ■
WMk.M 1 NATURAL AND CULTURAL RESOURCES
■-000
November 29. 2022
Christine Geist
NRE Environmental, LLC
Po Box #401
Fort Mill, SC 29716
RE: The Foundry at Cedar Street; 22-10
Dear Christine Geist:
13. Reid Wilson, Secretary
Misty Buchanan
Deputy Director, Natural Heritage Program
The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide
information about natural heritage resources for the project referenced above.
Based on the project area mapped with your request, a query of the NCNHP database indicates that
there are no records for rare species, important natural communities, natural areas, and/or
conservation/managed areas within the proposed project boundary. Please note that although there
may be no documentation of natural heritage elements within the project boundary, it does not
imply or confirm their absence; the area may not have been surveyed. The results of this query
should not be substituted for field surveys where suitable habitat exists. In the event that rare
species are found within the project area, please contact the NCNHP so that we may update our
records.
The attached `Potential Occurrences' table summarizes rare species and natural communities that
have been documented within a one -mile radius of the property boundary. The proximity of these
records suggests that these natural heritage elements may potentially be present in the project area
if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile
radius of the project area, if any, are also included in this report.
If a Federally -listed species is found within the project area or is indicated within a one -mile radius of
the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for
guidance. Contact information for USFWS offices in North Carolina is found here:
httr)s://www.fws.gov/offices/Directory/ListOffices.cfm?statecode=37.
Please note that natural heritage element data are maintained for the purposes of conservation
planning, project review, and scientific research, and are not intended for use as the primary criteria
for regulatory decisions. Information provided by the NCNHP database may not be published
without prior written notification to the NCNHP, and the NCNHP must be credited as an information
source in these publications. Maps of NCNHP data may not be redistributed without permission.
The NC Natural Heritage Program may follow this letter with additional correspondence if a
Dedicated Nature Preserve, Registered Heritage Area, Land and Water Fund easement, or Federally -
listed species are documented near the project area.
If you have questions regarding the information provided in this letter or need additional assistance,
please contact Rodney A. Butler at rod ney.butler�ncdcr.gov or 919-707-8603.
Sincerely,
NC Natural Heritage Program
DEPARTMENT OF NATURAL AND CULTURAL RESOURCES
121 1N. JON S STREET, RALEIGI I_ NC 27603 - 16Sl MAOL SERVICE CENTER. PAL EIGH. rkc 276�0
OFC 919.707.9120 • FAK 919.707.9421

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NRE
ENVIRONMENTAL
ATTACHMENT 3
USGS Map
13
Threatened and Endangered Species
Habitat Assessment Report
NRE Project #22.10
December 14, 2022

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Date
2019 Charlotte East US Topo December 14, 2022
NREo. The Foundry at Cedar Street ProjectN22-10
ENVIRONMENTAL Mecklenburg County Drawn By:
Charlotte, North Carolina CAG

NRE
ENVIRONMENTAL
Threatened and Endangered Species
Habitat Assessment Report
NRE Project #22.10
December 14, 2022
ATTACHMENT 4
Protected Species Potential Habitat
14

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Perennial Stream
Soil Series Name Map Unit Hydric N
Symbol • PVC Pipe
p
f Cecil -Urban land complex, 2 to 8 percent slopes CUB No
Urban Land UR No BOX Culvert
Reference; Background layers from NC OneMap; f County Parcels
https://www.nconemap.gov/;ESRI; NRCS,USDA
http://websoilsurvey.sc.egov.usda.gov/ Building
Wetlands and Other Waters Delineation Report. The
Foundry Site. NRE Environmental, LLC. August 1, 2022. USDA Soils
No listed species or suitable habitat were observed on the
site. o so 007F:.t
F + S E Ma G E E 8ta,,G,.ographics, CNE- /A' ., DS, USDA,
t+;� USGS; A GRID, IGN, th is User Community
Date
Threatened and Endangered Species Habitat December 14, 2022
NREThe Foundry at Cedar Street ProjectN22-10
ENVIRONMENTAL Mecklenburg County Drawn By:
Charlotte, North Carolina CAG

NRE
ENVIRONMENTAL
ATTACHMENT 5
Site Photographs
15
Threatened and Endangered Species
Habitat Assessment Report
NRE Project #22.10
December 14, 2022

NRE
ENVIRONMENTAL
T & E Species Habitat Assessment Report
NRE Project #22.10
December 14, 2022
Photo 1. Looking northwest at redeveloped industrial buildings in the NW portion of the Project.
Photo 2. Looking southwest at open area that consists of maintained grasses and a gravel surfaced
parking area in the southeastern portion of the Project.

NRE
ENVIRONMENTAL
T & E Species Habitat Assessment Report
NRE Project #22.10
December 14, 2022
Photo 3. Looking northwest at scattered ornamental trees in the northeastern portion of the Project.
Photo 4. Looking southwest at field edge along the eastern boundary of the Project.

NRE
ENVIRONMENTAL
T & E Species Habitat Assessment Report
NRE Project #22.10
December 14, 2022
Photo 5. Looking northeast at urbanized stream segment in the northern portion of the Project.
Photo 6. Reference photo of condition of Schweinitz's sunflower in Fort Mill, SC on December 5, 2022.

NRE
ENVIRONMENTAL
ATTACHMENT 15
NCHPO Clearance Letter
The Foundry at Cedar Street Site
Page 15 of 18

6 � STAT£
r� Qunr-n •nog%'•
North Carolina Department of Natural and Cultural Resources
State Historic Preservation Office
Ramona M. Bartos, Administrator
Governor Roy Cooper
Secretary D. Reid Wilson
April 18, 2023
Christine A. Geist, PWS
NRE Environmental
PO Box 9401
Fort Mill, SC 29716
Office of Archives and History
Deputy Secretary, Darin J. Waters, Ph.D.
cgeistgnreenviro.com
Re: Re -develop the Foundry at Cedar Street into mixed -used development. 619 South Cedar Street,
Charlotte, Mecklenburg County, ER 23-0630
Dear Ms. Geist:
Thank you for your letter of February 28, 2023, concerning the above -referenced undertaking. We have
reviewed the submittal and offer the following comments.
We have conducted a review of the project and are aware of no historic resources which would be affected
by the project. Therefore, we have no comment on the project as proposed.
The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the
Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36
CFR Part 800.
Thank you for your cooperation and consideration. If you have questions concerning the above comment,
contact Renee Gledhill -Earley, environmental review coordinator, at 919-814-6579
or environmental.reviewgncdcr.gov. In all future communication concerning this project, please cite the
above referenced tracking number.
Sincerely,
Ramona Bartos, Deputy
{j State Historic Preservation Officer
Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: [phone]-6898

NRE
ENVIRONMENTAL
ATTACHMENT 16
The Foundry at Cedar Street Site
Page 16 of 18
NCDEQ DWR Pre -filing meeting Request #20201812

2/23/23, 3:03 PM Mail - Christine Geist - Outlook
401/Buffer Pre -filing Meeting Request
Christine Geist <[e-mail]>
Thu 2/23/2023 2:41 PM
To: 401 [e-mail] <401 [e-mail]>
Please fill out the following information:
Project Name: The Foundry at Cedar Street
County: Mecklenburg
Applicant Name: Justin Houston; Mill Creek Residential Trust
Applicant Email: [e-mail]
**Please note that multiple projects may be submitted within the same email by supplying all the above
information for each project.
***In the event your email is not allowing auto -responses, please save a copy of your sent email for your records
and if necessary use that copy in application/form submittal.
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2/23/23, 3:04 PM
Mail - Christine Geist - Outlook
Automatic reply: [External] 401/Buffer Pre -filing Meeting Request
401 PreFile <401 [e-mail]>
Thu 2/23/2023 2:42 PM
To: Christine Geist <[e-mail]>
This email confirms receipt of your pre -filing meeting request. Please retain this email for your records
and submit this documentation as part of your 401 application (PCN Application) as required by federal
law. DWR will not be able to accept your application without this federally required documentation. 401
applications received without documentation that a pre -filing meeting request was submitted at least 30
days prior will be returned as incomplete.
Responses to this email are not monitored.
If you need to contact 401/Buffer Permitting Staff, please use the following link(s) to access of staff
contact list(s).
For Non -Transportation Central Staff:
https: deq.nc.gov/about/divisions/water-resources/water-quality_permitH g/401-buffer-
permitting/401-buffer-permitting-contacts
For Non -Transportation Regional Staff: https://edocs.deq.nc.gov/WaterResources/DocView.aspx?
dbid=0&id=2162034&cr=1
For all Transportation Projects Including NCDOT Projects:
httpsl deq.nc.gov/about/divisions/water-resources/water-resources-permits/transportation-
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NRE
ENVIRONMENTAL
ATTACHMENT 17
Site Photographs (Photos 1-4)
The Foundry at Cedar Street Site
Page 17 of 18

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NRE
ENVIRONMENTAL
Wetlands and Other Waters Delineation
Foundry Site
August 1, 2022
Page 18 of 19
Photo 3: Looking northwest at commercial office space in the northern portion of the Project.
Photo 4: Looking southeast at commercial garage and lot in the southern portion of the project.

NRE
ENVIRONMENTAL
ATTACHMENT 18
The Foundry at Cedar Street Site
Page 18 of 18
Preliminary ORM Data Entry Fields for New Actions

Preliminary ORM Data Entry Fields for New Actions
ACTION ID 9: SAW- 2023-00194 Begin Date (Date Received):
Prepare file folder ❑ Assign Action ID Number in ORM ❑
1. Project Name [PCN Form A2a]: The Foundry at Cedar Street
2. Work Type: ❑✓ Private ❑Institutional ❑Government ❑✓ Commercial
3. Project Description / Purpose [PCN Form 133d and B3e]:
NWP 29
The proposed project is a new mixed -use development, with multifamily units and ground -floor retail. The development will consist of
approximately 380 multifamily units and 22,000 square feet of retail. Parking, access, landscaping, stormwater, courtyards, and utilities
will be provided to support the mixed -use development for tenants, patrons, and safety.
4. Property Owner / Applicant [PCN Form A3 or A4]: Mill Creek Residential Trust
5. Agent / Consultant [PNC Form A5 — or ORM Consultant ID Number]:
NRE Environmental, LLC c/o Christine Geist, PWS, PO Box #401, Fort Mill, SC 29716
6. Related Action ID Number(s) [PCN Form 135b]:
7. Project Location —Coordinates, Street Address, and/or Location Description [PCN Form Blb]:
Latitude 35.2277
Longitude-80.8545
8. Project Location —Tax Parcel ID [PCN Form Bla]: 07318201 and 07318310
9. Project Location — County [PCN Form A2b]: Mecklenburg
10. Project Location — Nearest Municipality or Town [PCN Form A2c]: City of Charlotte
11. Project Information —Nearest Waterbody [PCN Form 132a]: Irwin Creek
12. Watershed / 8-Digit Hydrologic Unit Code [PCN Form 132c]: HUC8 03050103
Authorization: Section 10 ❑ Section 404 ✓❑
Regulatory Action Type:
❑ Standard Permit
✓ Nationwide Permit 9
Regional General Permit 9
Jurisdictional Determination Request
Section 10 and 404 ❑
❑ Pre -Application Request
::]Unauthorized Activity
❑ Compliance
❑ No Permit Required
Revised 20150602