20230738 Ver 1_BeardRdTownhomesPCNCoverLetter_20230523

Nationwide Permit 29
WAM Beard Road Townhomes Project
Charlotte, Mecklenburg County,
North Carolina
Project No. 11
PREPARED FOR:
U.S. Army Corps of Engineers, Charlotte Regulatory Office
8430 University Executive Park Drive, Suite 615
Charlotte, NC 28262
PREPARED BY:
S&ME, Inc.
2016 Ayrsley Town Blvd. Suite 2-A
Charlotte, NC 28273
May 23, 2023

- a
III -
May 23, 2023
U.S.Army Corps of Engineers
Charlotte Regulatory Field Office
8430 University Executive Park Drive, Suite 615
Charlotte, North Carolina 28262
Attention: Doug Perez
North Carolina Department of Environmental Quality
Mooresville Regional Office
610 East Center Avenue, Suite 301
Mooresville, North Carolina 28115
Attention: Mecklenburg County Project Manager
Reference: Pre-Construction Notification Nationwide Permit 29
WAM Beard Road Townhomes Project
3124 Beard Road
Charlotte, Mecklenburg County, North Carolina
S&ME Project No. 23350034
On behalf of WAM Beard Road LLC (WAM), S&ME, Inc. (S&ME) is pleased to submit this application for
Department of the Army verification of impacts to Waters of the U.S. in accordance with Nationwide Permit (NWP)
29. WAM will be considered the applicant, and S&ME will act as an authorized agent and signatory on the
electronic Pre-Construction Notification (PCN) for this project (See Agent Authorization Form in Appendix 1).
An Individual 401 North Carolina Water Quality Certification (WQC) will be required for this project as it exceeds
the 0.1-acre open water impact threshold for General Certification (GC)4256.
In accordance with electronic PCN requirements, we are submitting the accompanying supporting materials
pursuant to issuance of the aforementioned NWP authorization.This PCN is for authorization of impacts to
jurisdictional waters for a residential development project.
In addition to the brief project summary provided herein, please find the following enclosed:
Project Figures
Appendix I: Agent Authorization Form
Appendix II: Project Design Sheet
Appendix III: Existing Condition Site Photographs
Appendix III: Copy of Existing Approved Jurisdictional Determination
Appendix IV: Division of Mitigation Services Acceptance Letter
Appendix V: Protected Species Documentation
Appendix VI: Cultural Resources Documentation
S&ME, Inc.1 134 Suber Road I Columbia,SC 292101 p 803.561.9024 1 www.smeinc.com

Pre-Construction Notification Nationwide Permit 29
WAM Beard Road Townhomes Project
III 3124 Beard Road
Charlotte, Mecklenburg County, North Carolina
S&ME Project No. 23350034
By copy of this correspondence and completed PCN, we are requesting your written concurrence and verification
with this electronic PCN. If you need additional information or have questions, please contact Dave Homans at
704-900-9394 or [e-mail].
Sincerely,
S&ME, Inc.
D. David Homans
Project Scientist
[e-mail]
May 23, 2023 ii

Pre-Construction Notification Nationwide Permit 29
WAM Beard Road Townhomes Project
3124 Beard Road III
Charlotte, Mecklenburg County, North Carolina E
S&ME Project No. 23350034
Table of Contents
1.0 Project Information and Description............................................................................1
2.0 Purpose and Need.............................................................................................................1
3.0 Existing Jurisdictional Waters / Site Conditions ........................................................1
4.0 Proposed Impacts to Jurisdictional Waters..................................................................2
5.0 Avoidance and Minimization / Mitigation..................................................................2
6.0 Protected Species and Historical and Cultural Resources........................................3
7.0 Floodplains.........................................................................................................................4
8.0 Additional Regulatory Considerations ........................................................................4
List of Tables
Table 4-1 Jurisdictional Impacts Summary.............................................................................................2
Figures
Appendices
Appendix I-Agent Authorization Form
Appendix I1-Project Design Sheet
Appendix III-Copy of Existing Approved Jurisdictional Determination
Appendix IV-Existing Condition Site Photographs
Appendix V-Division of Mitigation Services Acceptance Letter
Appendix VI-Protected Species Documentation
Appendix VII-Cultural Resources Documentation
May 23, 2023 iii

Pre-Construction Notification Nationwide Permit 29
WAM Beard Road Townhomes Project
3124 Beard Road III
Charlotte, Mecklenburg County, North Carolina E
S&ME Project No. 23350034
1.0 Project Information and Description
The proposed project is a new single-phase residential townhome development located at 3124 Beard Road, in
Charlotte, Mecklenburg County, North Carolina. The project area encompasses portions of three current
Mecklenburg County Parcels (PID 02920116, 02920118, and 02920101) which, under an approved rezoning
petition, are being re-allocated into a new parcel (PID 02920118) approximately 9.59 acres in size. The proposed
project will involve the construction of 17 buildings comprising 108 individual townhome units. In addition to site
grading and building construction, the proposed project will involve private road construction (the extension of
Rickenbacker Rd.), parking construction, construction of a stormwater control measure (SCM), and sanitary sewer
installation. The proposed project will require permanent fill and temporary grade tie-in impacts to a portion of an
existing open water pond.
Additional information regarding this project is contained in the body of the electronic PCN application. Refer to
Figure 1 (Vicinity Map), Figure 2 (Topographic Map), Figure 3 (Existing Site Conditions) and Figure 4 (Proposed
Jurisdictional Impacts) as well as Appendix II (Project Design Sheet).
2.0 Purpose and Need
The proposed project will convert three existing residential properties into property into 108 townhome units in
the rapidly growing Highland Creek neighborhood of northeastern Charlotte. This densification is necessary to
help alleviate the housing crisis currently occurring in Charlotte and the surrounding region. Permanent impacts to
a portion of the onsite pond are necessary to allow for the construction of drives that allow the required ingress
and egress, as well as to allow for the construction of the number of building units necessary to make the project
site economically viable.
3.0 Existing Jurisdictional Waters / Site Conditions
The project site was included as part of a larger delineation performed by Jesse Degnan of ECS Southeast, LLP in
February 2022. A Preliminary Jurisdictional Determination (PJD), SAW-2022-01654, was issued for the delineation
on August 3, 2022 and signed by Bryan Roden-Reynolds with the USACE. As outlined in this PJD, the following
Potential Jurisdictional Water was identified on site:
• Open Water 1:This approximately 0.56-acre non-wetland water is an open water impoundment of an
offsite jurisdictional tributary to Rocky River. During a January 19, 2023 site review, Dave Homans with
S&ME confirmed that this feature is an impoundment of a jurisdictional tributary that begins offsite to the
east of the project area, and not a pond constructed fully in uplands.
An additional potentially jurisdictional wetland identified in the SAW-2022-01654 PJD which is located offsite of
the current project area and will not be impacted as a part of this project.
May 23, 2023 1

Pre-Construction Notification Nationwide Permit 29
WAM Beard Road Townhomes Project
3124 Beard Road III
Charlotte, Mecklenburg County, North Carolina E
S&ME Project No. 23350034
The majority of the remainder of the project area is made up of well managed turf lawns, a few small fringe
wooded areas, and a wooded back yard area with a well maintained and mowed turf herbaceous layer.The
property is bordered by a single-family residential development to the east, a multifamily residential development
to the southeast and wooded areas and maintained fields to the southwest. The future Odell School Road
extension (to be constructed by others), which will connect Odell School Road to Beard Road,will serve as the
southwestern project boundary when it is completed.
Please see Figure 3 for the location of the on-site jurisdictional feature, Appendix III for a copy of the
aforementioned PJD, and Appendix IV for site photographs documenting current site conditions.
4.0 Proposed Impacts to Jurisdictional Waters
The proposed project will require permanent and temporary impacts to Open Water 1. Project impacts are shown
on Figure 4 and in the attached Project Design Plans in Appendix II. Refer to Table 4-1 below for a summary of
jurisdictional impacts.
Table 4-1 Jurisdictional Impacts Summary
Impact Feature Tempor Permanent
Number Name Impact Type Feature Type Impact Description ary Impacts
I Impacts
1 Open Fill Open Water Fill for driveway and 0.44 acres
Water 1 Impoundment building construction
Tie in grading and
equipment access for
2 Open Disturbance/ Open Water inlet and outlet pipe 0.04
Water 1 Tie in Grading Impoundment acres
replacement (no loss of
waters)
3 Open Dewaterin Open Water Temporary dewatering 0.08
Water 1 g Impoundment working in the dry acres
After construction, Open Water 1 will be 0.12 acres in size. In addition to filling the areas required for project
construction, the existing inlet pipe will be reoriented and replaced, and a new outlet pipe and outlet structure will
be installed. No additional stormwater will be directed to Open Water 1 from the proposed project.
5.0 Avoidance and Minimization / Mitigation
The project has been designed to minimize impacts to jurisdictional waters to the maximum extent possible while
still maximizing the number of housing units generated and fitting the required driveway and stormwater
infrastructure into the area available. During the project design process, site layout and building and driveway
May 23, 2023 2

Pre-Construction Notification Nationwide Permit 29
WAM Beard Road Townhomes Project
3124 Beard Road III
Charlotte, Mecklenburg County, North Carolina E
S&ME Project No. 23350034
orientation were substantially revised in order to maximize the extent of Open Water 1 that would remain unfilled.
Stormwater plans were designed to ensure that no net additional impervious surface area would be directed to
Open Water 1 and that this feature would not be used for stormwater treatment or construction of stormwater
facilities.
During construction, appropriate sediment and erosion control practices equaling those outlined in the most
recent version of the "North Carolina Sediment and Erosion Control Planning and Design Manual" will be used to
minimize impacts to Open Water 1. Appropriate dewatering structures, pumps, and pump-around features will be
used so that work within Open Water 1 is conducted "in the dry".
The project results in 0.44 acre of unavoidable permanent loss of jurisdictional open waters, which exceeds the
0.1-acre threshold established by NWP 29 and GC 4256 that requires compensatory mitigation. As such,
mitigation for this loss is proposed through payment into the North Carolina Division of Mitigation Services'
(DMS) in-lieu fee program, as there are no wetland mitigation banks with credits available within the projects
watershed. In previous discussions with Bryan Roden-Reynolds of the USACE, it was determined that mitigation at
a 1:1 ratio of wetland mitigation credits to acres lost is typically considered appropriate for impacts to open water
impoundments such as Open Water 1. As such, WAM will purchase 0.44 wetland mitigation credits from DMS to
mitigate for the 0.44 acres of open water that will be lost. The acceptance letter from DMS for the purchase of
these credits is included in Appendix V.
6.0 Protected Species and Historical and Cultural Resources
To comply with applicable sections of the Endangered Species Act (ESA) of 1973 (16 USC 1531-1543), S&ME
conducted a protected species habitat assessment of the project in April 2023. This review involved a field
assessment of onsite habitats, as well as a North Carolina Natural Heritage Program (NCNHP) Database review to
identify rare species, important natural communities, natural areas, and/or conservation/managed areas within a
one-mile radius of the project boundary. Additionally, the U.S. Fish and Wildlife Service (USFWS) IPaC
(Information for Planning and Consultation) online service was used to generate an up-to-date list of federally
protected threatened or endangered species which may be present in the project area. (See Appendix VI for the
NCNP Review and USFWS IPaC Report).
The NCNHP review indicated that no known federally protected species or were present within a one-mile radius
of the project. The USFWS IPaC review identified the following federally protected species that historically have a
potential to be in the project area:
Michaux's sumac—Rhus michauxii (Endangered)
Smooth coneflower—Echinacea (aevigata (Threatened)
Schweinitz's sunflower - He(ianthus schweinitzii (Endangered)
The IPac did not identify any critical habitat areas for protected species within the vicinity of the project area.
Typical habitat for the three plant species listed above includes open areas such as infrequently maintained
roadsides, utility rights-of-way and open wooded areas maintained by fire. During the field habitat review, no
May 23, 2023 3

Pre-Construction Notification Nationwide Permit 29
WAM Beard Road Townhomes Project
3124 Beard Road III
Charlotte, Mecklenburg County, North Carolina E
S&ME Project No. 23350034
onsite utility corridors were identified. Roadside areas were investigated and were determined to be made up
entirely of heavily managed and maintained lawns/turf dominated by common turfgrasses and clover. As such,
these areas would not be considered habitat for the above-listed plant species. The remainder of the project area
was made up of residences with maintained lawns (including wooded areas with mowed and maintained turf) and
small areas of urban wooded fringe with a dense understory (see Appendix IV for photo documentation).As
these habitat types are not consistent with the habitats utilized by the potential protected species, it was
determined that the proposed project would have No Effect on the species currently listed by the USFWS as
potentially present in the project area.
In order to determine consistency with the Section 106 of the National Historic Preservation Act, a 0.5-mile radius
around the project site was reviewed for known historic properties using the NC State Historic Preservation Office
(NC SHPO) HPOWEB online mapping tool (See Appendix VII). Results indicated that no properties listed on the
National Register of Historic Places (NRHP) or determined eligible or on the study list for this registry were located
within this radius. Furthermore, the entire site is located within a rapidly developing suburban residential area
with no currently known significant archeological resources; as such it is unlikely to present a significant threat to
archaeological resources.
7.0 Floodplains
According to current 100-year floodplain information obtained from Mecklenburg County, no regulated
floodplains exist within the project area or in the immediate vicinity of the project area (See Figure 2). As such the
proposed project is in full compliance with all FEMA flood zone regulations and restrictions.
8.0 Additional Regulatory Considerations
The proposed project has been designed to meet all general and regional conditions of NWP 29. Impacts to
jurisdictional waters are under the 0.5-acre threshold of NWP 29. All work in jurisdictional waters will be
conducted in the dry. The proposed project is located in the Yadkin/ Pee-Dee watershed, outside of areas with
state-regulated riparian buffers.
A stormwater plan for this project has been prepared to be submitted to the City of Charlotte for approval.
Stormwater will be treated using a sand filter stormwater control measure east of the existing pond. Stormwater
control measures have been located outside of jurisdictional areas and no discharges directly associated with
stormwater management facilities are proposed. Open Water 1 will not be used for stormwater treatment and the
proposed project results in less impervious surface draining to this feature than drains to it in under current
conditions.
Sanitary sewer service for the project area will be provided by Charlotte Water and will be treated at the Rocky
River Wastewater Treatment Plant (WWTP). Charlotte Water has approved the necessary wastewater flow
allocation for this project pending the expansion of the WWTP, which is anticipated to be complete prior to the
construction of this project.
May 23, 2023 4

Project Figures:
Figure 1 —Vicinity Map
Figure 2— USGS Topographic Map
Figure 3 — Existing Site Conditions
Figure 4— Proposed Jurisdictional Impacts

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DATE:
I I z WAM BEARD ROAD TOWNHOMES PROJECT 5-2-23 1
3124 BEARD ROAD PROJECT NUMBER
CHARLOTTE, MECKLENBURG COUNTY, NORTH CAROLINA 23350034

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DATE:
I I z WAM BEARD ROAD TOWNHOMES PROJECT 5-3-23 2
3124 BEARD ROAD PROJECT NUMBER
CHARLOTTE, MECKLENBURG COUNTY, NORTH CAROLINA 23350034

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DATE:
I I WAM BEARD ROAD TOWNHOMES PROJECT 5-4-23 3
3124 BEARD ROAD PROJECT NUMBER
CHARLOTTE, MECKLENBURG COUNTY, NORTH CAROLINA 23350034

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DATE:
I I WAM BEARD ROAD TOWNHOMES PROJECT 5-23-23 4
3124 BEARD ROAD PROJECT NUMBER
CHARLOTTE, MECKLENBURG COUNTY, NORTH CAROLINA 23350034

Appendix I - Agent Authorization Form

Agent Authorization and Right of Entry Form
Date: 5/17/2023
Project Information
S&ME Project Name: WAM Beard Road LLC Townhomes Project
Type of Project: Residential Development
Location: 3100-3200 Beard Road,Charlotte, NC
Property Owner/Representative Information
Owner Name: WAM Beard Road LLC
Mailing Address: 4402 Garris Road
City, State,Zip Code: Charlotte, NC,28209
Telephone/Email: 704-910-7103
Contact: Joshua Wilkes
Agent Information
Business Name: S&ME, Inc.
Street Address: 2016 Ayrsley Town Blvd.,Suite 2-A
City, State,Zip Code: Charlotte, NC 28273
Telephone No. 704-900-9394(cell)
Contact: Mr. D. David Homans
Authorization: I Q4VV — on on behalf of
(Con act Signature)
WAM Beard Road LLC
(Name of Landowner or Representative)
a duly authorized owner of record of the property/properties identified herein,hereby authorize
S&ME to act as agent with the USACE in connection with the above-mentioned project. By
signing above,I also authorize representatives of the Wilmington District,U.S. Army Corps of
Engineers(Corps)to enter upon the property herein described for the purposes of conducting on-
site investigations, if necessary, and issuing a jurisdictional determination pursuant to Section
404 of the Clean Water Act and/or Section 10 of the River and Harbors Act of 1889. I,the above
signed, am either a duly authorized owner of record of the property identified herein, or acting as
the duly authorized agent of the owner of record of the property.

Appendix II - Project Design Sheet

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Appendix III - Copy of Existing Approved Jurisdictional
Determination

SAW-2022-01654
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2022-01654 County:Mecklenburg U.S.G.S.Quad:NC-Harrisburg
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Requestor: Appaloosa Real Estate Partners
Brian Miller
Address: 2820 Selwyn Avenue,Suite 618
Charlotte,NC 28209
Telephone Number: 704-995-2151
E-mail: brianAappaloosarep.com
Size(acres) —27 Nearest Town Charlotte
Nearest Waterway Rocky River River Basin Upper Pee Dee
USGS HUC 03040105 Coordinates Latitude:35.367176
Longitude:-80.746047
Location description: The review area is located on the north side of Mallard Creek Road; approximately 0.1 miles east of the
intersection of Mallard Creek Road and Ridge Road..PIN:02920116,02920118,02920101,02920102,and 02920117.
Reference review area description shown in the Jurisdictional Determination Request package entitled"Figure 1,Site
Location Mad'and dated 01/25/22.
Indicate Which of the Following Apply:
A. Preliminary Determination
® There appear to be waters,including wetlands on the above described project area/property,that may be subject to Section 404
of the Clean Water Act(CWA)(33 USC§ 1344)and/or Section 10 of the Rivers and Harbors Act(RHA)(33 USC§403).The
waters,including wetlands have been delineated,and the delineation has been verified by the Corps to be sufficiently accurate
and reliable.The approximate boundaries of these waters are shown on the enclosed delineation map dated 2/2/2022. Therefore
this preliminary jurisdiction determination may be used in the permit evaluation process,including determining compensatory
mitigation.For purposes of computation of impacts,compensatory mitigation requirements,and other resource protection
measures,a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any
way by the permitted activity on the site as if they are jurisdictional waters of the U.S.This preliminary determination is not an
appealable action under the Regulatory Program Administrative Appeal Process(Reference 33 CFR Part 331).However,you may
request an approved JD,which is an appealable action,by contacting the Corps district for further instruction.
❑ There appear to be waters,including wetlands on the above described project area/property,that may be subject to Section 404
of the Clean Water Act(CWA)(33 USC § 1344)and/or Section 10 of the Rivers and Harbors Act(RHA)(33 USC§403).
However,since the waters,including wetlands have not been properly delineated,this preliminary jurisdiction determination
may not be used in the permit evaluation process. Without a verified wetland delineation,this preliminary determination is
merely an effective presumption of CWA/RHA jurisdiction over all of the waters,including wetlands at the project area,which
is not sufficiently accurate and reliable to support an enforceable permit decision.We recommend that you have the waters,
including wetlands on your project area/property delineated.As the Corps may not be able to accomplish this wetland
delineation in a timely manner,you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps.
B. Approved Determination
❑ There are Navigable Waters of the United States within the above described project area/property subject to the permit
requirements of Section 10 of the Rivers and Harbors Act(RHA)(33 USC §403)and Section 404 of the Clean Water Act
(CWA)(33 USC § 1344). Unless there is a change in law or our published regulations,this determination may be relied upon for
a period not to exceed five years from the date of this notification.
❑ There are waters,including wetlandson the above described project area/property subject to the permit requirements of Section
404 of the Clean Water Act(CWA)(33 USC§ 1344). Unless there is a change in the law or our published regulations,this
determination may be relied upon for a period not to exceed five years from the date of this notification.
❑We recommend you have the waters,including wetlands on your project area/property delineated. As the Corps may not be
able to accomplish this wetland delineation in a timely manner,you may wish to obtain a consultant to conduct a delineation that
can be verified by the Corps.

SAW-2022-01654
❑The waters,including wetlands on your project area/property have been delineated and the delineation has been verified by
the Corps. The approximate boundaries of these waters are shown on the enclosed delineation map dated DATE.We strongly
suggest you have this delineation surveyed. Upon completion,this survey should be reviewed and verified by the Corps. Once
verified,this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which,provided
there is no change in the law or our published regulations,may be relied upon for a period not to exceed five years.
❑The waters,including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the
Corps Regulatory Official identified below onDATE.Unless there is a change in the law or our published regulations,this
determination may be relied upon for a period not to exceed five years from the date of this notification.
❑ There are no waters of the U.S.,to include wetlands,present on the above described project area/property which are subject to the
permit requirements of Section 404 of the Clean Water Act(33 USC 1344). Unless there is a change in the law or our published
regulations,this determination may be relied upon for a period not to exceed five years from the date of this notification.
❑ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act(CAMA).
You should contact the Division of Coastal Management in Morehead City,NC,at(252)808-2808 to determine their
requirements.
Placement of dredged or fill material within waters of the US,including wetlands,without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act(33 USC § 1311). Placement of dredged or fill material,construction or
placement of structures,or work within navigable waters of the United States without a Department of the Army permit may
constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act(33 USC §401 and/or 403).If you have any questions
regarding this determination and/or the Corps regulatory program,please contact Bryan Roden-Reynolds at 704-510-1440 or
bryan.roden-reynolds(&usace.army.mil.
C. Basis For Determination: Basis For Determination: See the preliminary jurisdictional determination
form dated 08/03/2022.
D. Remarks: None
E. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site
identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security
Act of 1985. If you or your tenant are USDA Program participants,or anticipate participation in USDA programs,you should request
a certified wetland determination from the local office of the Natural Resources Conservation Service,prior to starting work.
F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B.
above)
If you object to this determination,you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed
you will find a Notification of Appeal Process(NAP)fact sheet and Request for Appeal(RFA)form. If you request to appeal this
determination you must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Mr.Philip A. Shannin
Administrative Appeal Review Officer
60 Forsyth Street SW,Floor M9
Atlanta,Georgia 30303-8803
AND
PHILIP.A.SHANNINgUSACE.ARMY.MIL
In order for an RFA to be accepted by the Corps,the Corps must determine that it is complete,that it meets the criteria for appeal
under 33 CFR part 331.5,and that it has been received by the Division Office within 60 days of the date of the NAP. Should you
decide to submit an RFA form,it must be received at the above address by Not applicable.
**It is not necessary to submit an 7imz
ffice if you do not object to the determination in this correspondence.**
Corps Regulatory Official:

SAW-2022-01654
Date of JD:08/03/2022 Expiration Date of JD:Not applicable
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so,please complete our Customer Satisfaction Survey, located online at
htt2s://reizulatoly.ops.usace.anny.mil/customer-service-survey
Copy furnished:
Agent: ECS Southeast,LLP
Jesse Degnan
Address: 1812 Center Park Drive,Suite D
Charlotte,NC 27407
Telephone Number: 704-525-5152
E-mail: idegnanna ecslimited.com

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant:Appaloosa Real Estate Partners,Brian Miller I File Number: SAW-2022-01654 Date: 08/03/2022
Attached is: See Section below
❑ INITIAL PROFFERED PERMIT(Standard Permit or Letter of permission) A
❑ PROFFERED PERMIT(Standard Permit or Letter of permission) B
❑ PERMIT DENIAL C
❑ APPROVED JURISDICTIONAL DETERMINATION D
❑X PRELIMINARY JURISDICTIONAL DETERMINATION E
SECTION I-The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional information may be found at or hqp://www.usace.gM.mil/Missions/CivilWorks/Re ugulatoryProgramandPermits.aspx
or the Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit,you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission(LOP),you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety,and waive all
rights to appeal the permit,including its terms and conditions,and approved jurisdictional determinations associated with the
permit.
• OBJECT: If you object to the permit(Standard or LOP)because of certain terms and conditions therein,you may request
that the permit be modified accordingly.You must complete Section II of this form and return the form to the district
engineer. Your objections must be received by the district engineer within 60 days of the date of this notice,or you will
forfeit your right to appeal the permit in the future. Upon receipt of your letter,the district engineer will evaluate your
objections and may: (a)modify the permit to address all of your concerns,(b)modify the permit to address some of your
objections,or(c)not modify the permit having determined that the permit should be issued as previously written. After
evaluating your objections,the district engineer will send you a proffered permit for your reconsideration,as indicated in
Section B below.
B: PROFFERED PERMIT:You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit,you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission(LOP),you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety,and waive all
rights to appeal the permit,including its terms and conditions,and approved jurisdictional determinations associated with the
permit.
• APPEAL: If you choose to decline the proffered permit(Standard or LOP)because of certain terms and conditions therein,
you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of
this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days
of the date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new
information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the
date of this notice,means that you accept the approved JD in its entirety,and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD,you may appeal the approved JD under the Corps of Engineers
Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form
must be received by the division engineer within 60 days of the date of this notice.

E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the
preliminary JD. The Preliminary JD is not appealable. If you wish,you may request an approved JD(which may be appealed),
by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the
Corps to reevaluate the JD.
SECTION II-LQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial
proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or
objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record,the Corps memorandum for the
record of the appeal conference or meeting,and any supplemental information that the review officer has determined is needed to
clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record.
However,you may provide additional information to clarify the location of information that is already in the administrative
record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision and/or the If you only have questions regarding the appeal process you may
appeal process you may contact: also contact:
District Engineer,Wilmington Regulatory Division MR.PHILIP A. SHANNIN
Attn: Bryan Roden-Reynolds ADMINISTRATIVE APPEAL REVIEW OFFICER
Charlotte Regulatory Office CESAD-PDS-O
U.S Army Corps of Engineers 60 FORSYTH STREET SOUTHWEST,FLOOR M9
8430 University Executive Park Drive,Suite 615 ATLANTA,GEORGIA 30303-8803
Charlotte,North Carolina 28262
PHONE: [phone];FAX[phone]
EMAIL:PHILIP.A.SHANNIN(&USACE.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 opportuni to participate in all site investi ations.
Date: Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer,Wilmington Regulatory Division,Attn: Bryan Roden-Reynolds,69 Darlington Avenue,Wilmington,North
Carolina 28403
For Permit denials,Proffered Permits and Approved Jurisdictional Determinations send this form to:
Division Engineer,Commander,U.S.Army Engineer Division,South Atlantic,Attn:Mr.Philip Shannin,Administrative
Appeal Officer,CESAD-PDO,60 Forsyth Street,Room 10M15,Atlanta,Georgia 30303-8801
Phone: [phone]

PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD: 08/03/2022
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Appaloosa Real Estate Partners,Brian
Miller,2820 Selwyn Avenue, Suite 618,Charlotte,NC 28209
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District,Beard Road Project, SAW-
2022-01654
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The review area is located on the
north side of Mallard Creek Road; approximately 0.1 miles east of the intersection of Mallard Creek Road and
Ridge Road. . PIN:02920116, 02920118, 02920101, 02920102, and 02920117. Reference review area
description shown in the Jurisdictional Determination Request package entitled"Figure 1, Site Location Map"
and dated 01/25/22.
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES
AND/OR AQUATIC RESOURCES AT DIFFERENT SITES)
State:NC County: Mecklenburg City: Charlotte
Center coordinates of site (lat/long in degree decimal format):Latitude: 35.367176 Longitude: -80.746047
Universal Transverse Mercator:
Name of nearest waterbody:Rocky River
E. REVIEW PERFORMED FOR SITE EVALUATION(CHECK ALL THAT APPLY):
®Office (Desk) Determination. Date: 08/03/22
❑Field Determination. Date(s):
TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH"MAY BE"SUBJECT TO
REGULATORY JURISDICTION
Aquatic Feature Latitude Longitude Estimated Type of aquatic Geographic authority to
(decimal (decimal amount of resources(i.e., which the aquatic
degrees) degrees) aquatic wetland vs. resource"may be"
resources in non-wetland subject(i.e.,Section 404
review area waters) or Section 10/404)
(acreage and
linear feet, if
applicable
Wetland 1 35.367176 -80.746047 0.18 acre Wetland 404
Pond 1 35.369959 -80.744687 0.56 acre Non-wetland 404
1. The Corps of Engineers believes that there may be jurisdictional aquatic resources in the
review area, and the requestor of this PJD is hereby advised of his or her option to request
and obtain an approved JD (AJD) for that review area based on an informed decision after
having discussed the various types of JDs and their characteristics and circumstances when
they may be appropriate.
2. In any circumstance where a permit applicant obtains an individual permit, or a Nationwide
General Permit (NWP) or other general permit verification requiring "pre- construction
notification" (PCN), or requests verification for a non-reporting NWP or other general
permit, and the permit applicant has not requested an 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:
0 Maps, plans, plots or plat submitted by or on behalf of the PJD requestor:
Map: Figures 1-6
0 Data sheets prepared/submitted by or on behalf of the PJD requestor. Datasheets:
0 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:
0 U.S.Geological Survey map(s).Cite scale&quad name: Figure 2,USGS Topographic Map (7.5-minute
quadrangle Harrisburg,NC)
ONatural Resources Conservation Service Soil Survey. Citation: Figure 4,USDA-NRCS Soil Survey Map (Web
Soil Survey of Mecklenbure County)
D National wetlands inventory map(s). Cite name: Figure 5,USFWS National Wetland Inventory Map
(USFWS NWI Mapper)
❑State/local wetland inventory map(s):
0 FEMA/FIRM maps: Figure 4,FEMA,Flood Hazard Zone May (National Flood Hazard Laver)
❑100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929)
0 Photographs: 0 Aerial(Name & Date):Figure 1,Site Location Map(Dated 01/25/22)and Figure 6,
Jurisdictional Determination Map(Dated 02/02/22)
or ® Other(Name&Date): Photographs 1-7
❑Previous determination(s). File no. and date of response letter:
D Other information(please specify): NCDWO Stream Identification Form,Version 4.11 (Dated 02/01/22)
IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps
and should not be relied upon for later jurisdictional determinations.
Signature and date of Regulatory Signature and date of person requesting PJD
staff member completing PJD (REQUIRED, unless obtaining the signature is
08/03/2022 impracticable)1
1 Districts may establish timeframes for requester to return signed PJD forms. If the requester does not respond within the established
time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action.

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Appendix IV - Existing Condition Site Photographs

3124 Beard Road Development a
Charlotte, North Carolina
S&ME Project No. 23350034 I I I E
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2
Remarks View of earthen dam embankment to Open Water 1.

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Charlotte, North Carolina
S&ME Project No. 23350034 III E
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Location/Orientation See figure.
3
Remarks Typical conditions that make up the majority of the project
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4
Remarks Well maintained roadside turf conditions along Beard Road,
looking northeast.

3124 Beard Road Development
Charlotte, North Carolina
S&ME Project No. 23350034 I I
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Remarks
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6 Remarks Maintained roadside turf and upland drainage ditch along
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Charlotte, North Carolina
S&ME Project No. 23350034 I I
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9
Remarks View of typical wooded areas with a well maintained turf
which made up a portion of the site.
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Remarks View of well maintained embankments and wooded fringe
areas with present along the south side of Open Water 1.

Appendix V — Division of Mitigation Services Acceptance Letter

mt STATE
R.z=•n
ROY COOPER �y
Governor _
ELIZABETH S.BISER
Secretary, f+,
MARC RECKTENWALD NORTH CAROLINA
Director Environmental Quality
May 18, 2023
Joshua Wilkes
WAM Beard Road LLC
4402 Garris Road
Charlotte, NC 28209 Expiration of Acceptance: 11/18/2023
Project: WAM Beard Road LLC Townhomes 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 Impact Type Impact Quantity
8-di it HUC
Yadkin 03040105 Riparian Wetland 0.44
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,
Acv�tl&�
FOR James. B Stanfill
Deputy Director
cc: David Homans, agent
North Carolina Department of Environmental Quality I Division of Mitigation Services
217 West Jones Street 1652 Mail Service Center I Raleigh,North Carolina 27699-1652
, ,: i o.��„„•iai nai V 919.707.8976

Appendix VI - Protected Species Documentation

Roy Cooper,Governor
■■■
■■ , NC DEPARTMENT OF D_Reid Wilson,Secretary
■■ ■■ NATURAL AND CULTURAL RESOURCES
■ ■ I■ Misty Buchanan
Deputy Director,Natural Heritage Program
NCNHDE-21651
April 19, 2023
Dave Homans
S&ME, Inc.
2016 Ayrsley Town Blvd Suite 2-A
Charlotte, INC 28273
RE: 3124 Beard Road Development
Dear Dave Homans:
The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide
information about natural heritage resources for the project referenced above.
A query of the NCNHP database indicates that there are records for rare species, important natural
communities, natural areas, and/or conservation/managed areas within the proposed project
boundary. These results are presented in the attached 'Documented Occurrences' tables and map.
The attached 'Potential Occurrences' table summarizes rare species and natural communities that
have been documented within a one-mile radius of the property boundary. The proximity of these
records suggests that these natural heritage elements may potentially be present in the project area
if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one-mile
radius of the project area, if any, are also included in this report.
If a Federally-listed species is documented within the project area or indicated within a one-mile
radius of the project area, the NCNHP recommends contacting the US Fish and Wildlife Service
(USFWS) for guidance. Contact information for USFWS offices in North Carolina is found here:
https://www.fws.gov/offices/Di rectory/ListOffices.cfm?statecode=37.
Please note that natural heritage element data are maintained for the purposes of conservation
planning, project review, and scientific research, and are not intended for use as the primary criteria
for regulatory decisions. Information provided by the NCNHP database may not be published
without prior written notification to the NCNHP, and the NCNHP must be credited as an information
source in these publications. Maps of NCNHP data may not be redistributed without permission.
Also please note that the NC Natural Heritage Program may follow this letter with additional
correspondence if a Dedicated Nature Preserve, Registered Heritage Area, Land and Water Fund
easement, or an occurrence of a Federally-listed species is documented near the project area.
If you have questions regarding the information provided in this letter or need additional assistance,
please contact Rodney A. Butler at rod ney.butler(o-)ncdcr.aov or 919-707-8603.
Sincerely,
NC Natural Heritage Program
DEPARTMENT OF NATURAL AND CULTURAL RESOURCES
Qv 121 W.JONES STREET.RALEIGH.NC 27603 • 1651 MAIL SERVICE CENTER.RALEIGH.NC 27699
& OFC 919.707.9120 • FAX [phone]

Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Intersecting the Project Area
3124 Beard Road Development
April 19, 2023
NCNHDE-21651
No Element Occurrences are Documented within the Project Area
There are no documented element occurrences (of medium to very high accuracy) that intersect with the project area. Please note, however, that although the
NCNHP database does not show records for rare species within the project area, it does not necessarily mean that they are not present; it may simply mean that
the area has not been surveyed. The use of Natural Heritage Program data should not be substituted for actual field surveys if needed, particularly if the project
area contains suitable habitat for rare species. If rare species are found, the NCNHP would appreciate receiving this information so that we may update our
database.
No Natural Areas are Documented within the Project Area
Managed Areas Documented Within Project Area
Managed Area ame Owner Owner Type
NC Department of Transportation Mitigation Site NC Department of Transportation State
NOTE: If the proposed project intersects with a conservation/managed area, please contact the landowner directly for additional information. If the project intersects with a Dedicated Nature Preserve
(DNP), Registered Natural Heritage Area(RHA),or Federally-listed species, NCNHP staff may provide additional correspondence regarding the project.
Definitions and an explanation of status designations and codes can be found at https://ncnhde.natureserve.org/help. Data query generated on April 19,2023;source: NCNHP, Q4,Winter(January)2023.
Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database.
Page 2 of 4

Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One-mile Radius of the Project Area
3124 Beard Road Development
April 19, 2023
NCNHDE-21651
Element Occurrences Documented Within a One-mile Radius of the Project Area
Taxonomic EO ID Scientific Na Common Name Element Accuracy Federal State Global State
Group Observation Occurrence Status Status Rank Rank
im M 71 Date Rank
Natural 19412 Upland Depression --- 2009-06-21 A 2-High --- --- G2G3 S2S3
Community Swamp Forest
Natural 15632 Xeric Hardpan Forest --- 2009-06-21 A 2-High --- --- G2G3 S2
Community (Basic Hardpan
Subtype)
Vascular Plant 13743 Delphinium exaltatum Tall Larkspur 1800s Hi? 5-Very --- Threatened G3 S2
Low
Natural Areas Documented Within a One-mile Radius of the Project Area
Site Nam Representational Rating JL Collective Rating
Ridge Road Hardpan Forest R1 (Exceptional) C4 (Moderate)
Managed Areas Documented Within a One-mile Radius of the Project Area
Managed Area Nam wner Owner Type
Mecklenburg County Open Space - Mallard Creek Mecklenburg County Local Government
Park
NC Department of Transportation Mitigation Site NC Department of Transportation State
Definitions and an explanation of status designations and codes can be found at https://ncnhde.natureserve.org/help. Data query generated on April 19,2023;source: NCNHP, Q4,Winter(January)2023.
Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database.
Page 3 of 4

NCNHDE-21651 : 3124 Beard Road Development
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ry NLS, OS, NMA, Geodatastyrelsen, Rijkswaterstaat. GSA, Geoland, FEMA,
Intemiap and the GIS user community
Q Project Boundary Sources Esri, HERE, Garmin, FAO, NOAA, USGS, © OpenStreetMap
contributors,and the GIS User Community
Page 4 of 4

taEH�CF Ty 17
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a United States Department of the Interior
!, FISH AND WILDLIFE SERVICE ,,, '
=RCH 3 �s Asheville Ecological Services Field Office
160 Zillicoa Street
Asheville,NC 28801-1082
Phone: [phone] Fax: [phone]
In Reply Refer To: May 05, 2023
Project Code: 2023-0078547
Project Name: 3124 Beard Road Development
Subject: List of threatened and endangered species that may occur in your proposed project
location or may be affected by your proposed project
To Whom It May Concern:
The enclosed species list identifies threatened, endangered, proposed and candidate species, as
well as proposed and designated critical habitat, that may occur within the boundary of your
proposed project and/or may be affected by your proposed project. The enclosed species list
fulfills the requirements of the U.S. Fish and Wildlife Service (Service)under section 7(c) of the
Endangered Species Act (Act) of 1973, as amended(16 U.S.C. 1531 et seq.).
Please note that new species information can change your official species list. Under 50 CFR
402.12(e) of the regulations implementing section 7 of the Act, the accuracy of this species list
should be verified after 90 days. The Service recommends you visit the ECOS-IPaC website at
regular intervals during project planning and implementation to ensure your species list is
accurate or obtain an updated species list.
The purpose of the Act is to provide a means whereby threatened and endangered species and the
ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the
Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to
utilize their authorities to carry out programs for the conservation of threatened and endangered
species and to determine whether projects may affect threatened and endangered species and/or
designated critical habitat.
A biological assessment(BA) or biological evaluation (BE) should be completed for your
project.A BA is required for major construction activities (or other undertakings having similar
physical impacts) considered to be Federal actions significantly affecting the quality of the
human environment as defined in the National Environmental Policy Act(42 U.S.C. 4332(2) (c))
(NEPA). For projects other than major construction activities, the Service suggests that a BE be
prepared to determine effects of the action and whether those effects may affect listed species
and/or designated critical habitat. E?ects of the action are all consequences to listed species or
critical habitat that are caused by the proposed action, including the consequences of other

05/05/2023 2
activities that are caused by the proposed action.A consequence is caused by the proposed action
if it is reasonably certain to occur and would not occur "but for" the proposed action..
Recommended contents of a BABE are described at 50 CFR 402.12. More information and
resources about project review and preparing a BA/BE can be found at the following web link:
https://www.fws.gov/office/asheville-ecological-services/asheville-field-office-online-review-
process-overview.
If a Federal agency determines listed species and/or designated critical habitat maybe affected
by the proposed project, the agency is required to consult with the Service pursuant to 50 CFR
402. The Service is not required to concur with "no effect" determinations from Federal action
agencies. If consultation is required, the Service recommends that candidate species, proposed
species, proposed critical habitat, and at-risk species be addressed within the consultation. More
information on the regulations and procedures for section 7 consultation, including the role of
permit or licensed applicants, can be found in the "Endangered Species Consultation Handbook"
at the following web link: https://www.fws.gov/media/endangered-species-consultation-
handbook.
Migratory Birds: In addition to responsibilities to protect threatened and endangered species
under the Act, there are additional responsibilities under the Migratory Bird Treaty Act (MBTA)
and the Bald and Golden Eagle Protection Act (BGEPA) to protect native birds from project-
related impacts.Any activity, intentional or unintentional, resulting in take of migratory birds,
including eagles, is prohibited unless otherwise permitted by the Service (50 C.F.R. Sec. 10.12
and 16 U.S.C. Sec. 668(a)). More information about MBTA and BGEPA can be found at the
following web link: https://www.fws.gov/program/migratory-birds.
We appreciate your consideration of Federally listed species. The Service encourages Federal
agencies to include conservation of threatened and endangered species in their project planning
to further the purposes of the Act. Please contact our staff at 828-258-3939, if you have any
questions. In any future correspondence concerning this project, please reference the
Consultation Code which can be found in the header of this letter.
Attachment(s):
• Official Species List
■ USFWS National Wildlife Refuges and Fish Hatcheries
■ Migratory Birds
■ Wetlands

05/05/2023 1
OFFICIAL SPECIES LIST
This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the
requirement for Federal agencies to "request of the Secretary of the Interior information whether
any species which is listed or proposed to be listed may be present in the area of a proposed
action".
This species list is provided by:
Asheville Ecological Services Field Office
160 Zillicoa Street
Asheville, NC 28801-1082
[phone]

05/05/2023 2
PROJECT SUMMARY
Project Code: 2023-0078547
Project Name: 3124 Beard Road Development
Project Type: Residential Construction
Project Description: Development of a residential townhome community
Project Location:
The approximate location of the project can be viewed in Google Maps: https://
www.google.com/maps/035.37050605,-80.74539916029134,14z
e f
i
Counties: Mecklenburg County, North Carolina

05/05/2023 3
ENDANGERED SPECIES ACT SPECIES
There is a total of 5 threatened, endangered, or candidate species on this species list.
Species on this list should be considered in an effects analysis for your project and could include
species that exist in another geographic area. For example, certain fish may appear on the species
list because a project could affect downstream species.
IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA
Fisheries1, as USFWS does not have the authority to speak on behalf of NOAA and the
Department of Commerce.
See the "Critical habitats" section below for those critical habitats that lie wholly or partially
within your project area under this office's jurisdiction. Please contact the designated FWS office
if you have questions.
1. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an
office of the National Oceanic and Atmospheric Administration within the Department of
Commerce.
MAMMALS
NAME STATUS
Tricolored Bat Perimyotis sub flavus Proposed
No critical habitat has been designated for this species. Endangered
Species profile:httpss://ecos.fws.gov/ecp/species/10515
INSECTS
NAME STATUS
Monarch Butterfly Danaus plexippus Candidate
No critical habitat has been designated for this species.
Species profile:https:Hecos.fws.gov/ecp/species/9743
FLOWERING PLANTS
NAME STATUS
Michaux's Sumac Rhus michauxii Endangered
No critical habitat has been designated for this species.
Species profile:https:Hecos.fws.gov/ecp/species/5217
Schweinitz's Sunflower Helianthus schweinitzii Endangered
No critical habitat has been designated for this species.
Species profile:https:Hecos.fws.gov/ecp/species/3849
Smooth Coneflower Echinacea laevigata Threatened
No critical habitat has been designated for this species.
Species profile:https:Hecos.fws.gov/ecp/species/3473

05/05/2023 4
CRITICAL HABITATS
THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S
JURISDICTION.
YOU ARE STILL REQUIRED TO DETERMINE IF YOUR PROJECT(S)MAY HAVE EFFECTS ON ALL
ABOVE LISTED SPECIES.

05/05/2023 1
USFWS NATIONAL WILDLIFE REFUGE LANDS
AND FISH HATCHERIES
Any activity proposed on lands managed by the National Wildlife Refuge system must undergo a
'Compatibility Determination' conducted by the Refuge. Please contact the individual Refuges to
discuss any questions or concerns.
THERE ARE NO REFUGE LANDS OR FISH HATCHERIES WITHIN YOUR PROJECT AREA.

05/05/2023
MIGRATORY BIRDS
Certain birds are protected under the Migratory Bird Treaty Act!and the Bald and Golden Eagle
Protection Act2.
Any person or organization who plans or conducts activities that may result in impacts to
migratory birds, eagles, and their habitats should follow appropriate regulations and consider
implementing appropriate conservation measures, as described below.
1. The Migratory Birds Treaty Act of 1918.
2. The Bald and Golden Eagle Protection Act of 1940.
3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)
The birds listed below are birds of particular concern either because they occur on the
USFWS Birds of Conservation Concern (BCC) list or warrant special attention in your
project location.To learn more about the levels of concern for birds on your list and how this
list is generated, see the FAQ below. This is not a list of every bird you may find in this location,
nor a guarantee that every bird on this list will be found in your project area. To see exact
locations of where birders and the general public have sighted birds in and around your project
area, visit the E-bird data mapping tool (Tip: enter your location, desired date range and a species
on your list). For projects that occur off the Atlantic Coast, additional maps and models detailing
the relative occurrence and abundance of bird species on your list are available. Links to
additional information about Atlantic Coast birds, and other important information about your
migratory bird list, including how to properly interpret and use your migratory bird report, can be
found below.
For guidance on when to schedule activities or implement avoidance and minimization measures
to reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE
SUMMARY at the top of your list to see when these birds are most likely to be present and
breeding in your project area.
BREEDING
NAME SEASON
Bald Eagle Haliaeetus leucocephalus Breeds Sep 1 to
This is not a Bird of Conservation Concern(BCC)in this area,but warrants attention Jul 31
because of the Eagle Act or for potential susceptibilities in offshore areas from certain types
of development or activities.
Black-billed Cuckoo Coccyzus erythropthalmus Breeds May 15
This is a Bird of Conservation Concern(BCC)throughout its range in the continental USA to Oct 10
and Alaska.
htWs:Hecos.fws.gov/ecp/species/9399

05/05/2023 2
BREEDING
NAME SEASON
Chimney Swift Chaetura pelagica Breeds Mar 15
This is a Bird of Conservation Concern(BCC)throughout its range in the continental USA to Aug 25
and Alaska.
Kentucky Warbler Oporornis formosus Breeds Apr 20
This is a Bird of Conservation Concern(BCC)throughout its range in the continental USA to Aug 20
and Alaska.
Prairie Warbler Dendroica discolor Breeds May 1
This is a Bird of Conservation Concern(BCC)throughout its range in the continental USA to Jul 31
and Alaska.
Prothonotary Warbler Protonotaria citrea Breeds Apr 1 to
This is a Bird of Conservation Concern(BCC)throughout its range in the continental USA Jul 31
and Alaska.
Red-headed Woodpecker Melanerpes erythrocephalus Breeds May 10
This is a Bird of Conservation Concern(BCC)throughout its range in the continental USA to Sep 10
and Alaska.
Rusty Blackbird Euphagus carolinus Breeds
This is a Bird of Conservation Concern(BCC)only in particular Bird Conservation Regions elsewhere
(BCRs)in the continental USA
Wood Thrush Hylocichla mustelina Breeds May 10
This is a Bird of Conservation Concern(BCC)throughout its range in the continental USA to Aug 31
and Alaska.
PROBABILITY OF PRESENCE SUMMARY
The graphs below provide our best understanding of when birds of concern are most likely to be
present in your project area. This information can be used to tailor and schedule your project
activities to avoid or minimize impacts to birds. Please make sure you read and understand the
FAQ "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting
to interpret this report.
Probability of Presence (■)
Each green bar represents the bird's relative probability of presence in the 10km grid cell(s) your
project overlaps during a particular week of the year. (A year is represented as 12 4-week
months.)A taller bar indicates a higher probability of species presence. The survey effort(see
below) can be used to establish a level of confidence in the presence score. One can have higher
confidence in the presence score if the corresponding survey effort is also high.
How is the probability of presence score calculated?The calculation is done in three steps:
1. The probability of presence for each week is calculated as the number of survey events in
the week where the species was detected divided by the total number of survey events for
that week. For example, if in week 12 there were 20 survey events and the Spotted Towhee

05/05/2023 3
was found in 5 of them, the probability of presence of the Spotted Towhee in week 12 is
0.25.
2. To properly present the pattern of presence across the year, the relative probability of
presence is calculated. This is the probability of presence divided by the maximum
probability of presence across all weeks. For example, imagine the probability of presence
in week 20 for the Spotted Towhee is 0.05, and that the probability of presence at week 12
(0.25) is the maximum of any week of the year. The relative probability of presence on
week 12 is 0.25/0.25 = 1; at week 20 it is 0.05/0.25 = 0.2.
3. The relative probability of presence calculated in the previous step undergoes a statistical
conversion so that all possible values fall between 0 and 10, inclusive. This is the
probability of presence score.
Breeding Season ( )
Yellow bars denote a very liberal estimate of the time-frame inside which the bird breeds across
its entire range. If there are no yellow bars shown for a bird, it does not breed in your project
area.
Survey Effort (1)
Vertical black lines superimposed on probability of presence bars indicate the number of surveys
performed for that species in the 10km grid cell(s) your project area overlaps. The number of
surveys is expressed as a range, for example, 33 to 64 surveys.
No Data (—)
A week is marked as having no data if there were no survey events for that week.
Survey Timeframe
Surveys from only the last 10 years are used in order to ensure delivery of currently relevant
information. The exception to this is areas off the Atlantic coast, where bird returns are based on
all years of available data, since data in these areas is currently much more sparse.
■probability of presence breeding season I survey effort —no data
SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
Bald Eagle
Non-BCC ttt I *+ *I+* +O� iiii ii�� t��� ++++ iii ii�i iii� *++*
Vulnerable -- ---
Black-billed +"� "" "" ��� ��
Cuckoo ++++ ++++ ++++ ++++ * +++ ++ ++ ++++ ++++
BCC Rangewide
(CON)ChimneySwift
BCC Rangewide ++++ ++++ +++* gill Till '111 11111111 1+" 110+ ++++ ++++
(CON)

05/05/2023 4
Kentucky Warbler ++++ ++++ ++++ ++:� + 1+++ ++++ ++++ ++++
BCC Rangewide
(CON)
Prairie Warbler ��
BCC Rangewide ++++ ++++ ++�++++ 0 ++++ ++++ ++++ ++++
(CON) ++
Prothonotary
Warbler ++++ ++++ ++++ ++11 1+++ +il""' ++++ ++
++ ++++ ++++ ++++
BCC Rangewide
(CON) * 'I +
Red-headed
Woodpecker $ I I I I 01+1 111+ +111 AL
1+IL1 I 1 +*+ +*++ +11+ 10Tyy
1
BCC Rangewide --'
(CON)
Rusty Blackbird T++� +++ +�++ +� �- ++++ ++++ ++++ ++++ +1++ +++1 III
BCC-BCR T
Wood Thrush ++++
BCC Rangewide ++++ ++++ + I I I I I ++ +11111 1'" Jill ++++ 1+++ ++++ ++++
(CON)
Additional information can be found using the following links:
• Birds of Conservation Concern https://www.fws.gov/program/migratory-birds/species
■ Measures for avoiding and minimizing impacts to birds https://www.fws.gov/librarr�/
collections/avoiding-and-minimizing-incidental-take-migratory
• Nationwide conservation measures for birds https://www.fws.gov/sites/default/files/
documents/nationwide-standard-conservation-measures.pdf
MIGRATORY BIRDS FAQ
Tell me more about conservation measures I can implement to avoid or minimize impacts
to migratory birds.
Nationwide Conservation Measures describes measures that can help avoid and minimize
impacts to all birds at any location year round. Implementation of these measures is particularly
important when birds are most likely to occur in the project area. When birds may be breeding in
the area, identifying the locations of any active nests and avoiding their destruction is a very
helpful impact minimization measure. To see when birds are most likely to occur and be breeding
in your project area, view the Probability of Presence Summary. Additional measures or permits
may be advisable depending on the type of activity you are conducting and the type of
infrastructure or bird species present on your project site.
What does IPaC use to generate the list of migratory birds that potentially occur in my
specified location?
The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern
BCC and other species that may warrant special attention in your project location.

05/05/2023 5
The migratory bird list generated for your project is derived from data provided by the Avian
Knowledge Network (AKN). The AKN data is based on a growing collection of survey, banding,
and citizen science datasets and is queried and filtered to return a list of those birds reported as
occurring in the 10km grid cell(s)which your project intersects, and that have been identified as
warranting special attention because they are a BCC species in that area, an eagle (Eagle Act
requirements may apply), or a species that has a particular vulnerability to offshore activities or
development.
Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your
project area. It is not representative of all birds that may occur in your project area. To get a list
of all birds potentially present in your project area, please visit the Rapid Avian Information
Locator(RAIL) Tool.
What does IPaC use to generate the probability of presence graphs for the migratory birds
potentially occurring in my specified location?
The probability of presence graphs associated with your migratory bird list are based on data
provided by the Avian Knowledge Network(AKN). This data is derived from a growing
collection of survey, banding, and citizen science datasets.
Probability of presence data is continuously being updated as new and better information
becomes available. To learn more about how the probability of presence graphs are produced and
how to interpret them, go the Probability of Presence Summary and then click on the "Tell me
about these graphs" link.
How do I know if a bird is breeding,wintering or migrating in my area?
To see what part of a particular bird's range your project area falls within (i.e. breeding,
wintering, migrating or year-round), you may query your location using the RAIL Tool and look
at the range maps provided for birds in your area at the bottom of the profiles provided for each
bird in your results. If a bird on your migratory bird species list has a breeding season associated
with it, if that bird does occur in your project area, there may be nests present at some point
within the timeframe specified. If "Breeds elsewhere" is indicated, then the bird likely does not
breed in your project area.
What are the levels of concern for migratory birds?
Migratory birds delivered through IPaC fall into the following distinct categories of concern:
1. "BCC Rangewide" birds are Birds of Conservation Concern (BCC)that are of concern
throughout their range anywhere within the USA(including Hawaii, the Pacific Islands,
Puerto Rico, and the Virgin Islands);
2. "BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation
Regions (BCRs) in the continental USA; and
3. "Non-BCC -Vulnerable" birds are not BCC species in your project area, but appear on
your list either because of the Eagle Act requirements (for eagles) or(for non-eagles)
potential susceptibilities in offshore areas from certain types of development or activities
(e.g. offshore energy development or longline fishing).

05/05/2023 6
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.Alternately, you may download the bird
model results files underlying the portal maps through the NOAA NCCOS Integrative Statistical
Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic
Outer Continental Shelf project webpage.
Bird tracking data can also provide additional details about occurrence and habitat use
throughout the year, including migration. Models relying on survey data may not include this
information. For additional information on marine bird tracking data, see the Diving Bird Study
and the nanotag studies or contact Caleb Spiegel or Pam Lorin.
What if I have eagles on my list?
If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid
violating the Eagle Act should such impacts occur.
Proper Interpretation and Use of Your Migratory Bird Report
The migratory bird list generated is not a list of all birds in your project area, only a subset of
birds of priority concern. To learn more about how your list is generated, and see options for
identifying what other birds may be in your project area, please see the FAQ "What does IPaC
use to generate the migratory birds potentially occurring in my specified location". Please be
aware this report provides the "probability of presence" of birds within the 10 km grid cell(s)that
overlap your project; not your exact project footprint. On the graphs provided, please also look
carefully at the survey effort (indicated by the black vertical bar) and for the existence of the "no
data" indicator (a red horizontal bar).A high survey effort is the key component. If the survey
effort is high, then the probability of presence score can be viewed as more dependable. In
contrast, a low survey effort bar or no data bar means a lack of data and, therefore, a lack of
certainty about presence of the species. This list is not perfect; it is simply a starting point for
identifying what birds of concern have the potential to be in your project area, when they might
be there, and if they might be breeding (which means nests might be present). The list helps you
know what to look for to confirm presence, and helps guide you in knowing when to implement
conservation measures to avoid or minimize potential impacts from your project activities,
should presence be confirmed. To learn more about conservation measures, visit the FAQ "Tell
me about conservation measures I can implement to avoid or minimize impacts to migratory
birds" at the bottom of your migratory bird trust resources page.

05/05/2023
WETLANDS
Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under Section
404 of the Clean Water Act, or other State/Federal statutes.
For more information please contact the Regulatory Program of the local U.S.Army Corps of
Engineers District.
Please note that the NWI data being shown may be out of date.We are currently working to
update our NWI data set. We recommend you verify these results with a site visit to determine
the actual extent of wetlands on site.
FRESHWATER POND
■ PUBHh

05/05/2023 2
IPAC USER CONTACT INFORMATION
Agency: S&ME Inc.
Name: David Homans
Address: 2016 Ayrsley Town Blvd. Suite 2-A
City: Charlotte
State: NC
Zip: 28273
Email [e-mail]
Phone: [phone]
LEAD AGENCY CONTACT INFORMATION
Lead Agency: Army Corps of Engineers

Appendix VII - Cultural Resources Documentation

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