20230965 Ver 1_230705_AmaviMC_NWP29PCN_20230705

DocuSign Envelope ID: 9B1BBD1A-83E0-4FE7-B7F7-7AC24D05E21A
o4'aF wA rE�Q�
Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.4 January 2009
Pre -Construction Notification (PCN) Form
A.
Applicant Information
1.
Processing
1a. Type(s) of approval sought from the Corps:
0 Section 404 Permit ❑ Section 10 Permit
1 b. Specify Nationwide Permit (NWP) number: 29 or General Permit (GP) number:
1c.
Has the NWP or GP number been verified by the Corps?
0 Yes ❑No
1d. Type(s) of approval sought from the DWQ (check all that apply):
0 401 Water Quality Certification — Regular ❑ Non-404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization
1 e.
Is this notification solely for the record
because written approval is not required?
For the record only for DWQ
401 Certification:
❑ Yes 0 No
For the record only for Corps Permit:
❑Yes 0 No
1f.
Is payment into a mitigation bank or in -lieu fee program proposed for
mitigation of impacts? If so, attach the acceptance letter from mitigation bank
or in -lieu fee program.
❑ Yes 0 No
1g.
Is the project located in any of NC's twenty coastal counties. If yes, answer 1h
below.
❑ Yes 0 No
1 h.
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes 0 No
2.
Project Information
2a.
Name of project:
Amavi Mallard Creek
2b. County:
Mecklenburg
2c.
Nearest municipality / town:
Charlotte
2d. Subdivision name:
Amavi Mallard Creek
2e.
NCDOT only, T.I.P. or state project no:
n/a
3.
Owner Information
3a.
Name(s) on Recorded Deed:
OEHLER FAMILY FARMS LLC
3b.
Deed Book and Page No.
37395-593
3c.
Responsible Party (for LLC if
applicable):
Joe Oehler
3d. Street address:
3491 JOHNSTON OEHLER RD
3e. City, state, zip:
CHARLOTTE NC 28269
3f.
Telephone no.:
[phone]
3g.
Fax no.:
n/a
3h.
Email address:
Page 1 of 10
PCN Form — Version 1.4 January 2009

DocuSign Envelope ID: 9B1BBD1A-83E0-4FE7-B7F7-7AC24D05E21A
4. Applicant Information (if different from owner)
4a. Applicant is:
❑ Agent X❑ Other, specify: Buyer, under contract to purchase
4b. Name:
Jeremia Murphy / Willie Morris
4c. Business name
(if applicable):
MCRT SFR Investments, LLC
4d. Street address:
1001 Morehead Square Drive, Suite 350
4e. City, state, zip:
Charlotte, NC 28203
4f. Telephone no.:
704.307.3018
4g. Fax no.:
n/a
4h. Email address:
[e-mail] / [e-mail]
5. Agent/Consultant Information (if applicable)
5a. Name:
Perry Isner
5b. Business name
(if applicable):
Wetlands & Waters, Inc.
5c. Street address:
328 East Broad Street, Suite D
5d. City, state, zip:
Statesville, NC 28677
5e. Telephone no.:
704.773.4239
5f. Fax no.:
n/a
5g. Email address:
[e-mail]
Page 2 of 10

DocuSign Envelope ID: 9B1BBD1A-83E0-4FE7-B7F7-7AC24D05E21A
B.
Project Information and Prior Project History
1.
Property Identification
1a.
Property identification no. (tax PIN or parcel ID):
02933116, 02933106, 02933113, 02933115
1 b.
Site coordinates (in decimal degrees):
Latitude: 35.359374 Longitude:-80.771809
1 c.
Property size:
72 acres
2.
Surface Waters
2a. Name of nearest body of water to proposed project:
Stony Creek
2b.
Water Quality Classification of nearest receiving water:
C
2c.
River basin:
Yadkin Pee Dee
3.
Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
The site consists of existing single family residences and agricultural land (cattle pasture) with some woodlands. The general land use in the vicinity
of the project consists of residential, as well as institutional (public school) and municipal (public park).
3b.
List the total estimated acreage of all existing wetlands on the property: 7.02
3c.
List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 2875
3d. Explain the purpose of the proposed project:
The purpose of the proposed project is to construct a single family residential development in order to meet the growing need for this type of housing
in the area.
3e. Describe the overall project in detail, including the type of equipment to be used:
The project includes the proposed development and supporting infrastructure including utilities, stormwater, amenities, etc. Typical earth -moving
equipment will be utilized including but not limited to excavator, pan, bulldozer, dump truck, skid -steer, etc.
4.
Jurisdictional Determinations
4a.
Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
project (includingall prior phases)in the past?
X❑ Yes ❑ No ❑ Unknown
Comments:
4b.
If the Corps made the jurisdictional determination, what type
of determination was made?
❑ Preliminary ❑X Final
4c.
If yes, who delineated the jurisdictional areas?
Name (if known): Tamp Bandy / Perry Isner
Agency/Consultant Company: Wetlands & Waters, Inc.
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
SAW-2022-01584
5.
Project History
5a.
Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past?
❑ Yes X❑ No ❑ Unknown
5b.
If yes, explain in detail according to "help file" instructions.
6.
Future Project Plans
6a.
Is this a phased project?
❑ Yes X❑ No
6b.
If yes, explain.
Page 3 of 10
PCN Form — Version 1.4 January 2009

DocuSign Envelope ID: 9B1BBD1A-83E0-4FE7-B7F7-7AC24D05E21A
C. Proposed Impacts Inventory
1. Impacts Summary
1a. Which sections were completed below for your project (check all that apply):
X❑ Wetlands X❑ Streams —tributaries ❑ Buffers X❑ Open Waters ❑ Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a.
2b.
2c.
2d.
2e.
2f.
Wetland impact
Type of impact
Type of wetland
Forested
Type of jurisdiction
Area of
number
Corps (404,10) or
impact
Permanent (P) or
DWQ (401, other)
(acres)
Temporary T
W1 P
Fill / culvert
Bottomland Hardwood Forest
Yes
Corps
0.26
W2 P
Fill / culvert
Bottomland Hardwood Forest
Yes
Corps
0.207
W3 T
Land Clearing
Bottomland Hardwood Forest
Yes
Corps
0.077
W4 P
Fill / culvert outlet
Bottomland Hardwood Forest
Yes
Corps
0.004
W5
Choose one
Choose one
Yes/No
W6
Choose one
Choose one
Yes/No
2g. Total Wetland Impacts:
0.548
2h. Comments:
Impact W3 necessary for open -cut installation of sanitary sewer (permanent conversion). Existing contours will be restored following completion of
construction such that a loss of wetlands will not occur. Compensatory mitigation is proposed at 1:1 ratio for permanent conversion impacts. 2:1 ratio
is proposed for all other permanent wetland impacts.
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a.
3b.
3c.
3d.
3e.
3f.
3g.
Stream impact
Type of impact
Stream name
Perennial (PER) or
Type of
Average
Impact
number
intermittent (INT)?
jurisdiction
stream
length
Permanent (P) or
width
(linear
Temporary (T)
(feet)
feet)
S1 P
Culvert
Tributary 1 (from AJD)
PER
Corps
6
107
S2 P
Riprap (inlet)
Tributary 1 (from AJD)
PER
Corps
6
11
S3 P
Riprap (outlet)
Tributary 1 (from AJD)
PER
Corps
6
21
S4
Choose one
S5
Choose one
S6
Choose one
3h. Total stream and tributary impacts
139
3i. Comments:
As stream impacts are less than 0.02 acres, compensatory mitigation is not proposed for stream impacts.
Page 4 of 10
PCN Form — Version 1.4 January 2009

DocuSign Envelope ID: 9B1BBD1A-83E0-4FE7-B7F7-7AC24D05E21A
4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then indivi ually list all open water impacts below.
4a.
Open water
impact number
Permanent (P) or
Temporary T
4b.
Name of waterbody
(if applicable)
4c.
Type of impact
4d.
Waterbody
type
4e.
Area of impact (acres)
01 P
Isolated Pond 1
Fill
Pond
0.2
02
Choose one
Choose
03
Choose one
Choose
04
Choose one
Choose
4f. Total open water impacts
0.2
4g. Comments:
5. Pond or Lake Construction
If pond or lake construction proposed, the complete the chart below.
5a.
Pond ID number
5b.
Proposed use or
purpose of pond
5c.
Wetland Impacts (acres)
5d.
Stream Impacts (feet)
5e.
Upland
(acres)
Flooded
Filled
Excavated
Flooded
Filled
Excavated
P1
Choose one
P2
Choose one
5f. Total:
5g. Comments:
5h. Is a dam high hazard permit required?
❑ Yes ❑ No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If any impacts require miti ation, then you MUST fill out Section D of this form.
6a. Project is in which protected basin?
❑ Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Randleman ❑ Other:
6b.
Buffer Impact
number-
Permanent (P) or
Temporary T
6c.
Reason for impact
6d.
Stream name
6e.
Buffer
mitigation
required?
6f.
Zone 1
impact
(square
feet)
6g.
Zone 2
impact
(square
feet
131
Yes/No
132
Yes/No
B3
Yes/No
B4
Yes/No
B5
Yes/No
B6
Yes/No
6h. Total Buffer Impacts:
6i. Comments:
Page 5 of 10

DocuSign Envelope ID: 9B1BBD1A-83E0-4FE7-B7F7-7AC24D05E21A
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
Project has been designed such that impacts to Waters of the US are only necessary for: a road crossing in order to meet local connectivity
requirements as required by the City of Charlotte; minor wetland impacts associated with a culvert crossing of an internal subdivision road; temporary
wetland impacts (permanent forested conversion) for construction of sanitary sewer connection.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Project will be constructed under an approved Erosion Control Plan such that materials incidental to construction activities are not transported into
downstream receiving waters.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for
impacts to Waters of the U.S. or Waters of the State?
X❑ Yes ❑ No
2b. If yes, mitigation is required by (check all that apply):
❑ DWQ X❑ Corps
2c. If yes, which mitigation option will be used for this
project?
❑ Mitigation bank
ElPayment to in -lieu fee program
❑ Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter)
Type: Choose one
Type: Choose one
Type: Choose one
Quantity:
Quantity:
Quantity:
3c. Comments:
4. Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
❑X Yes
4b. Stream mitigation requested:
linear feet
4c. If using stream mitigation, stream temperature:
Choose one
4d. Buffer mitigation requested (DWQ only):
square feet
4e. Riparian wetland mitigation requested:
0.548 acres
4f. Non -riparian wetland mitigation requested:
acres
4g. Coastal (tidal) wetland mitigation requested:
acres
4h. Comments: 2:1 ratio proposed for impacts requiring permanent wetland loss; 1:1 ratio proposed for forested conversion impacts (W3 above)
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Page 6 of 10
PCN Form — Version 1.4 January 2009

DocuSign Envelope ID: 9B1BBD1A-83E0-4FE7-B7F7-7AC24D05E21A
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation?
❑ Yes X❑ No
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
Zone
6c.
Reason for impact
6d.
Total impact
(square feet)
Multiplier
6e.
Required mitigation
(square feet)
Zone 1
3 (2 for Catawba)
Zone 2
1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund).
6h. Comments:
Page 7 of 10

DocuSign Envelope ID: 9B1BBD1A-83E0-4FE7-B7F7-7AC24D05E21A
E.
Stormwater Management and Diffuse Flow Plan (required by DWQ)
1.
Diffuse Flow Plan
1 a.
Does the project include or is it adjacent to protected riparian buffers identified
❑ Yes X❑ No
within one of the NC Riparian Buffer Protection Rules?
1 b.
If yes, then is a diffuse flow plan included? If no, explain why.
❑ Yes ❑ No
2.
Stormwater Management Plan
2a.
What is the overall percent imperviousness of this project?
>24 %
2b.
Does this project require a Stormwater Management Plan?
❑X Yes ❑ No
2c.
If this project DOES NOT require a Stormwater Management Plan, explain why:
2d.
If this project DOES require a Stormwater Management Plan, then provide a brief, narrative
description of the plan:
Project includes construction of several large, permanent SCM's as shown on the attached plans to be designed and constructed to meet Phase II
standards.
2e.
Who will be responsible for the review of the Stormwater Management Plan?
City of Charlotte
3.
Certified Local Government Stormwater Review
3a.
In which localgovernment's jurisdiction is thisproject?
City of Charlotte
❑X Phase II
❑ NSW
3b.
Which of the following locally -implemented stormwater management programs
❑ USMP
apply (check all that apply):
❑ Water Supply Watershed
❑ Other:
3c.
Has the approved Stormwater Management Plan with proof of approval been
❑Yes X❑ No
attached?
4.
DWQ Stormwater Program Review
❑ Coastal counties
❑ HQW
4a.
Which of the following state -implemented stormwater management programs apply
❑ ORW
(check all that apply):
❑ Session Law 2006-246
❑ Other:
4b.
Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ❑ No
attached?
5.
DWQ 401 Unit Stormwater Review
5a.
Does the Stormwater Management Plan meet the appropriate requirements?
❑ Yes ❑ No
5b.
Have all of the 401 Unit submittal requirements been met?
❑ Yes ❑ No
Page 8 of 10
PCN Form — Version 1.4 January 2009

DocuSign Envelope ID: 9B1BBD1A-83E0-4FE7-B7F7-7AC24D05E21A
F.
Supplementary Information
1.
Environmental Documentation (DWQ Requirement)
1 a.
Does the project involve an expenditure of public (federal/state/local) funds or the
❑ Yes X❑ No
use of public (federal/state) land?
1 b.
If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State
El Yes ❑ No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1 c.
If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
❑ Yes ❑ No
letter.)
Comments:
2.
Violations (DWQ Requirement)
2a.
Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards,
❑ Yes ❑X No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b.
Is this an after -the -fact permit application?
❑Yes ❑x No
2c.
If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3.
Cumulative Impacts (DWQ Requirement)
3a.
Will this project (based on past and reasonably anticipated future impacts) result in
❑Yes X❑ No
additional development, which could impact nearby downstream water quality?
3b.
If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
4.
Sewage Disposal (DWQ Requirement)
4a.
Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility.
Project includes construction of sanitary sewer facilities which will tie into existing on -site sewer trunkline. Project includes temporary impacts for
sanitary
sewer construction via open -cut method. Following completion of construction, contractor will reestablish existing contours and seed with
native, riparian or wetland seed mix as appropriate.
Page 9 of 10
PCN Form — Version 1.4 January 2009

DocuSign Envelope ID: 9B1BBD1A-83E0-4FE7-B7F7-7AC24D05E21A
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or
0 Yes ❑ No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act
❑ Yes X❑ No
impacts?
5c. If yes, indicate the USFWS Field Office you have contacted.
-
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
Attached NC NHP report lists one known occurrences of a federally protected species (Schweinitz's sunflower) within one mile of the project vicinity.
A site specific survey was conducted September, 2022; no previously unidentified specimens were observed.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat?
❑ Yes 0 No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation
❑ Yes 0 No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
NC SHPO WebGIS service.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?
❑ Yes 0 No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination?
FEMA National Flood Hazard Layer.
Dwu&gned by:
Willie Morris
Wit, khms
06/27/23
8D73EA979D6E4E8...
Applicant/Agent's Printed Name
Date
Applicant/Agent's Signature
(Agent's signature is valid only if an authorization
letter from the applicant isprovided.)
Page 10 of 10

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SAW-2022-01584
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2022-01584 County: Mecklenburg U.S.G.S. Quad: NC-Derita
NOTIFICATION OF JURISDICTIONAL DETERNIINATION
Requestor: Mill Creek Residential
Jeremia Murphy
Address: 1710 Camden Road, Suite 5
Charlotte, NC 28203
Telephone Number: 704-548-7973
E-mail: imurphv(&mcrtrust.com
Size (acres) 72 Nearest Town Charlotte
Nearest Waterway Stony Creek River Basin Upper Pee Dee
USGS HUC 03040105 Coordinates Latitude: 35.359374
Longitude:-80.771809
Location description: The review area is located on the southern terminus end of Johnston Oehler Private Drive. PINs:
02933106, 02933115, 02933113, and 02933116. Reference review area description shown in the Jurisdictional Determination
Request package entitled "Figure 2, County GIS" and dated 12/06/21.
Indicate Which of the Following Apply:
A. Preliminary Determination
❑ There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404
of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The
waters, including wetlands have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate
and reliable. The approximate boundaries of these waters are shown on the enclosed delineation map dated DATE. Therefore
this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory
mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection
measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any
way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an
appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may
request an approved JD, which is an appealable action, by contacting the Corps district for further instruction.
❑ There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404
of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403).
However, since the waters, including wetlands have not been properly delineated, this preliminary jurisdiction determination
may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is
merely an effective presumption of CWA/RHA jurisdiction over all of the waters, including wetlands at the project area, which
is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters,
including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland
delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps.
B. Approved Determination
❑ There are Navigable Waters of the United States within the above described project area/property subject to the permit
requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act
(CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for
a period not to exceed five years from the date of this notification.
® There are waters, including wetlandson the above described project area/property subject to the permit requirements of Section
404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
❑ We recommend you have the waters, including wetlands on your project area/property delineated. As the Corps may not be
able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that
can be verified by the Corps.

SAW-2022-01584
0 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 12/6/2021. 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 (LAMA).
You should contact the Division of Coastal Management in Morehead City, NC, at [phone] to determine their
requirements.
Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or
placement of structures, or work within navigable waters of the United States without a Department of the Army permit may
constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions
regarding this determination and/or the Corps regulatory program, please contact Bryan Roden -Reynolds at 704-510-1440 or
brvan.roden-reynolds(&usace.army.mil.
C. Basis For Determination: Basis For Determination: See the approved iurisdictional determination
form dated 8/11/2022.
D. Remarks: Pond 1 is a farm pond constructed in uplands and has no connection to downstream
jurisdictional waters.
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 09/25/2022.
**It is not necessary to submit an RFA form toithe Division Office if you do not object to the determination in this correspondence.**
Corps Regulatory Official:

SAW-2022-01584
Date of JD: 8/11/2022 Expiration Date of JD: 07/26/2027
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
hiips://re ug lator,�.ops.usace.army.mil/customer-service-survey/.
Copy Furnished:
Agent:
Wetlands and Waters, Inc.
Perry Isner
Address:
328 East Broad Street
Statesville, NC 28677
Telephone Number:
704-773-4239
E-mail:
perrvisner( )wetlands-waters.com

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: Mill Creek Residential Jeremia Mur h File Number: SAW-2022-01584
Date: 8/11/2022
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
❑X
APPROVED JURISDICTIONAL DETERMINATION
D
❑
PRELIMINARY JURISDICTIONAL DETERMINATION
E
SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional information may be found at or http://www.usace.army.miUMissions/CivilWorks/ReaulatoryProgramandPenuits.asi)
OZI& Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request
that the permit be modified accordingly. You must complete Section II of this form and return the form to the district
engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will
forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your
objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your
objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After
evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in
Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein,
you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of
this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days
of the date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new
information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the
date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers
Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form
must be received by the division engineer within 60 days of the date of this notice.

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

APPROVED JURISDICTIONAL DETERMINATION FORM
U.S. Army Corps of Engineers
This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook.
SECTION L• BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD): 8/11/2022
B. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Oehler Road, SAW-2022-01584
C. PROJECT LOCATION AND BACKGROUND INFORMATION: The review area is located on the southern terminus end of Johnston
Oehler Private Drive. PINs: 02933106, 02933115, 02933113, and 02933116. Reference review area description shown in the Jurisdictional
Determination Request package entitled "Figure 2, County GIS" and dated 12/06/21.
State: NC County/parish/borough: Mecklenburg City: Charlotte
Center coordinates of site (lat/long in degree decimal format): Lat. 35.359374 , Long.-80.771809
Universal Transverse Mercator:
Name of nearest waterbody: Stony Creek
Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows:
Name of watershed or Hydrologic Unit Code (HUC): 03040105
® Check if map/diagram of review area and/or potential jurisdictional areas is/are available upon request.
❑ Check if other sites (e.g., offsite mitigation sites, disposal sites, etc...) are associated with this action and are recorded on a different JD form:
D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
® Office (Desk) Determination. Date: 07/27/22
® Field Determination. Date(s): 08/09/22
SECTION II: SUMMARY OF FINDINGS
A. RHA SECTION 10 DETERMINATION OF JURISDICTION.
There are no "navigable waters of the U.S." within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the review area.
[Required]
❑ Waters subject to the ebb and flow of the tide.
❑ Waters are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce. Explain:
B. CWA SECTION 404 DETERMINATION OF JURISDICTION.
There are "waters of the U.S." within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. [Required]
1. Waters of the U.S.
a. Indicate presence of waters of U.S. in review area (check all that apply):'
❑TNW s, including territorial seas
❑ Wetlands adjacent to TNWs
❑X Relatively permanent waters2 (RPWs) that flow directly or indirectly into TNWs
❑Non-RPWs that flow directly or indirectly into TNWs
❑X Wetlands directly abutting RPWs that flow directly or indirectly into TNWs
❑ Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs
❑ Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs
❑ Impoundments of jurisdictional waters
El Isolated (interstate or intrastate) waters, including isolated wetlands
b. Identify (estimate) size of waters of the U.S. in the review area:
Non -wetland waters: 2,875 linear feet, wide, and/or acres.
Wetlands: 7.02 acres.
c. Limits (boundaries) of jurisdiction based on: 1987 Corps Delineation Manual
1 Boxes checked below shall be supported by completing the appropriate sections in Section III below.
2 For purposes of this form, an RPW is defined as a tributary that is not a TNW and that typically flows year-round or has continuous flow at least "seasonally" (e.g.,
typically 3 months).
Page 1 of 7 Form Version 10 June 2020

Elevation of established OHWM (if known):
2. Non -regulated waters/wetlands (check if applicable):'
❑X Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional. Explain:
Pond 1 is a farm pond constructed in uplands and has no connection to downstream jurisdictional
waters
SECTION III: CWA ANALYSIS
A. TNWs AND WETLANDS ADJACENT TO TNWs
The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. If the aquatic resource is a TNW, complete Section
I LAA and Section IILD.1. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections IILAA and 2 and Section
III.D.1.; otherwise, see Section HLB below.
1. TNW
Identify TNW:
Summarize rationale supporting determination:
2. Wetlandadjacent to TNW
Summarize rationale supporting conclusion that wetland is "adjacent'
B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY):
This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps determine
whether or not the standards for jurisdiction established under Rapanos have been met.
The agencies will assert jurisdiction over non -navigable tributaries of TNWs where the tributaries are "relatively permanent waters"
(RPWs), i.e. tributaries that typically flow year-round or have continuous flow at least seasonally (e.g., typically 3 months). A wetland
that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNW, but has year-round (perennial) flow, skip to
Section I LD.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow, skip to Section IILD.4.
A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts and EPA
regions will include in the record any available information that documents the existence of a significant nexus between a relatively
permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable water, even though a significant
nexus finding is not required as a matter of law.
If the waterbody' is not an RPW, or a wetland directly abutting an RPW, a JD will require additional data to determine if the
waterbody has a significant nexus with a TNW. If the tributary has adjacent wetlands, the significant nexus evaluation must consider
the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for analytical purposes,
the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is the tributary, or its adjacent
wetlands, or both. If the JD covers a tributary with adjacent wetlands, complete Section IILB.1 for the tributary, Section IH.B.2 for any
onsite wetlands, and Section III.B.3 for all wetlands adjacent to that tributary, both onsite and offsite. The determination whether a
significant nexus exists is determined in Section IILC below.
1. Characteristics of non-TNWs that flow directly or indirectly into TNW
(i) General Area Conditions:
Watershed size: Choose an item.
Drainage area: Choose an item.
Average annual rainfall: inches
Average annual snowfall: inches
(ii) Physical Characteristics:
(a) Relationship with TNW:
El Tributary flows directly into TNW.
❑ Tributary flows through Choose an item. tributaries before entering TNW.
Project waters are Choose an item. river miles from TNW.
Project waters are Choose an item. river miles from RPW.
s Supporting documentation is presented in Section III.F.
4Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the and West.
Page 2 of 7 Form Version 10 June 2020

Project waters are Choose an item. aerial (straight) miles from TNW.
Project waters are Choose an item. aerial (straight) miles from RPW.
Project waters cross or serve as state boundaries. Explain:
Identify flow route to TNWS:
Tributary stream order, if known:
(b) General Tributary Characteristics (check all that apply):
Tributary is: ❑Natural
El Artificial (man-made). Explain:
❑ Manipulated (man -altered). Explain:
Tributary properties with respect to top of bank (estimate):
Average width: feet
Average depth: feet
Average side slopes: Choose an item..
Primary tributary substrate composition (check all that apply):
❑ Silts ❑ Sands ❑ Concrete
❑ Cobbles ❑ Gravel ❑X Muck
❑ Bedrock ❑ Vegetation. Type/% cover -
El Other. Explain:
Tributarycondition/stability [e.g., highly eroding, sloughing banks]. Explain:
Presence of run/riffle/pool complexes. Explain:
Tributary geometry: Choose an item.
Tributary gradient (approximate average slope): %
(c) Flow:
Tributary provides for. Choose an item.
Estimate average number of flow events in review area/year: Choose an item.
Describe flow regime:
Other information on duration and volume:
Surface flow is: Choose an item.. Characteristics:
Subsurface flow: Choose an item.. Explain findings:
❑ Dye (or other) test performed:
Tributary has (check all that apply):
❑ Bed and banks
❑ OHWM'(check all indicators that apply):
❑ clear, natural line impressed on the bank ❑ the presence of litter and debris
❑ changes in the character of soil ❑ destruction of terrestrial vegetation
❑ shelving ❑ the presence of wrack line
❑ vegetation matted down, bent, or absent ❑ sediment sorting
❑ leaf litter disturbed or washed away
❑ sediment deposition
❑ water staining
❑ other (list):
El Discontinuous OHWM.' Explain:
❑ scour
❑ multiple observed or predicted flow events
❑X abrupt change in plant community
If factors other than the OHWM were used to determine lateral extent of CWA jurisdiction (check all that apply):
'Flow route can be described by identifying, e.g., tributary a, which flows through the review area, to flow into tributary b, which then flows into TNW.
'A natural or man-made discontinuity in the OHWM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where the
OHWM has been removed by development or agricultural practices). Where there is a break in the OHWM that is unrelated to the waterbody's flow regime (e.g., flow
over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break.
'Ibid.
Page 3 of 7 Form Version 10 June 2020

❑ High Tide Line indicated by:
❑ oil or scum line along shore objects
❑ fine shell or debris deposits (foreshore)
El physical markings/characteristics
El tidal gauges
❑ other (list):
❑ Mean High Water Mark indicated by:
❑ survey to available datum;
❑ physical markings;
❑ vegetation lines/changes in vegetation types.
(iii) Chemical Characteristics:
Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.). Explain:
Identify specific pollutants, if known:
(iv) Biological Characteristics. Channel supports (check all that apply):
❑Riparian corridor. Characteristics (type, average width):
❑ Wetland fringe. Characteristics:
❑ Habitat for:
El Federally Listed species. Explain findings:
❑ Fish/spawn areas. Explain findings:
❑ Other environmentally -sensitive species. Explain findings:
❑ Aquatic/wildlife diversity. Explain findings:
2. Characteristics of wetlands adjacent to non-TNW that flow directly or indirectly into TNW
(i) Physical Characteristics:
(a) General Wetland Characteristics:
Properties:
Wetland size: acres
Wetland type. Explain:
Wetland quality. Explain:
Project wetlands cross or serve as state boundaries. Explain:
(b) General Flow Relationship with Non-TNW:
Flow is: Choose an item. Explain:
Surface flow is: Choose an item.
Characteristics:
Subsurface flow: Choose an item.. Explain findings:
❑ Dye (or other) test performed:
(c) Wetland Adjacency Determination with Non-TNW:
❑ Directly abutting
El Not directly abutting
❑ Discrete wetland hydrologic connection. Explain:
El Ecological connection. Explain:
❑ Separated by berm/barrier. Explain:
(d) Proximity (Relationship) to TNW
Project wetlands are Choose an item. river miles from TNW.
Project waters are Choose an item. aerial (straight) miles from TNW.
Flow is from: Choose an item..
Estimate approximate location of wetland as within the Choose an item. floodplain.
(ii) Chemical Characteristics:
Characterize wetland system (e.g., water color is clear, brown, oil film on surface; water quality; general watershed characteristics;
etc.). Explain:
Identify specific pollutants, if known:
(iii) Biological Characteristics. Wetland supports (check all that apply):
Page 4 of 7
Form Version 10 June 2020

❑Riparian buffer. Characteristics (type, average width):
❑ Vegetation type/percent cover. Explain:
❑ Habitat for:
El Federally Listed species. Explain findings:
❑Fish/spawn areas. Explain fmdings:
❑ Other environmentally -sensitive species. Explain findings:
❑ Aquatic/wildlife diversity. Explain findings:
3. Characteristics of all wetlands adjacent to the tributary (if any)
All wetland(s) being considered in the cumulative analysis: Choose an item.
Approximately acres in total are being considered in the cumulative analysis.
For each wetland, specify the following:
Directly abuts? (Y/N) Size (in acres) Directly abuts? (Y/N) Size (in acres)
Summarize overall biological, chemical and physical functions being performed:
C. SIGNIFICANT NEXUS DETERDIINATION
A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed by any
wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological integrity of a TNW.
For each of the following situations, a significant nexus exists if the tributary, in combination with all of its adjacent wetlands, has more
than a speculative or insubstantial effect on the chemical, physical and/or biological integrity of a TNW. Considerations when
evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flow of water in the tributary and
its proximity to a TNW, and the functions performed by the tributary and all its adjacent wetlands. It is not appropriate to determine
significant nexus based solely on any specific threshold of distance (e.g. between a tributary and its adjacent wetland or between a
tributary and the TNW). Similarly, the fact an adjacent wetland lies within or outside of a floodplain is not solely determinative of
significant nexus.
Draw connections between the features documented and the effects on the TNW, as identified in the Rapanos Guidance and discussed in
the Instructional Guidebook. Factors to consider include, for example:
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to TNWs, or to
reduce the amount of pollutants or flood waters reaching a TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and other
species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that
support downstream food webs?
• Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or biological
integrity of the TNW?
Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented below:
1. Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain findings
of presence or absence of significant nexus below, based on the tributary itself, then go to Section IILD:
2. Significant nexus findings for non-RPW and its adjacent wetlands, where the non-RPW flows directly or indirectly into TNWs.
Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands,
then go to Section IILD:
3. Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain findings of presence or
absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section IILD:
D. DETERDIINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL THAT
APPLY):
1. TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area:
❑ TNWs: linear feet, wide, Or acres.
Page 5 of 7 Form Version 10 June 2020

❑ Wetlands adjacent to TNWs: acres.
2. RPWs that flow directly or indirectly into TNWs.
® Tributaries of TNWs where tributaries typically flow year-round are jurisdictional. Provide data and rationale indicating that tributary is
perennial: Tributary 1 is a named perennial tributary (i.e., Stony Creek). Tributaries 2 and 3 have the geomorphology,
hydrology, and biological indicators consistent with perennial streams in the Piedmont ecoregion of North Carolina.
❑ Tributaries of TNW where tributaries have continuous flow "seasonally" (e.g., typically three months each year)are jurisdictional. Data
supporting this conclusion is provided at Section IILB. Provide rationale indicating that tributary flows seasonally:
Provide estimates for jurisdictional waters in the review area (check all that apply):
❑ Tributary waters: 2,875 linear feet wide.
❑ Other non -wetland waters: acres.
Identify type(s) of waters:
3. Non-RPWs' that flow directly or indirectly into TNWs.
❑ Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a TNW, and it has a significant nexus with a TNW is
jurisdictional. Data supporting this conclusion is provided at Section IILC.
Provide estimates for jurisdictional waters within the review area (check all that apply):
❑ Tributary waters: linear feet, wide.
❑ Other non -wetland waters: acres.
Identify type(s) of waters:
4. Wetlands directly abutting an RPW that flow directly or indirectly into TNWs.
0 Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands.
0 Wetlands directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale indicating that tributary
is perennial in Section III.D.2, above. Provide rationale indicating that wetland is directly abutting an RPW: Wetlands 11000,
2100, 2200, and 2300 directly abut Tributary 1 (Le., Stony Creek).
❑ Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is seasonal
in Section IILB and rationale in Section III.D.2, above. Provide rationale indicating that wetland is directly abutting an RPW:
Provide acreage estimates for jurisdictional wetlands in the review area: 7.02 acres.
5. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs.
❑ Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they are adjacent and with
similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisidictional. Data supporting this conclusion is
provided at Section IILC.
Provide acreage estimates for jurisdictional wetlands in the review area: acres.
6. Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs.
❑ Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and with
similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional. Data supporting this conclusion is
provided at Section IILC.
Provide estimates for jurisdictional wetlands in the review area: acres.
Impoundments of jurisdictional waters?
As a general rule, the impoundment of a jurisdictional tributary remains jurisdictional.
El Demonstrate that impoundment was created from "waters of the U.S.," or
❑ Demonstrate that water meets the criteria for one of the categories presented above (1-6), or
❑ Demonstrate that water is isolated with a nexus to commerce (see E below).
'See Footnote # 3.
'To complete the analysis refer to the key in Section III.D.6 of the Instructional Guidebook.
Page 6 of 7 Form Version 10 June 2020

E. ISOLATED [INTERSTATE OR INTRA-STATE] WATERS, INCLUDING ISOLATED WETLANDS, THE USE, DEGRADATION
OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY SUCH WATERS (CHECK
ALL THAT APPLY):'"
❑ which are or could be used by interstate or foreign travelers for recreational or other purposes.
❑ from which fish or shellfish are or could be taken and sold in interstate or foreign commerce.
❑ which are or could be used for industrial purposes by industries in interstate commerce.
❑ Interstate isolated waters. Explain:
❑ Other factors. Explain:
Identify water body and summarize rationale supporting determination:
Provide estimates for jurisdictional waters in the review area (check all that apply):
❑ Tributary waters: linear feet, wide.
❑ Other non -wetland waters: acres.
Identify type(s) of waters:
❑ Wetlands: acres.
F. NON -JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY):
❑ If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers Wetland
Delineation Manual and/or appropriate Regional Supplements.
❑ Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce.
❑ Prior to the Jan 2001 Supreme Court decision in "SWANCC," the review area would have been regulated based solely on the "Migratory
Bird Rule" (MBR).
❑ Waters do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction. Explain:
❑X Other: (explain, if not covered above): Pond 1 is a farm pond constructed in uplands and has no connection to
downstream jurisdictional waters.
Provide acreage estimates for non jurisdictional waters in the review area, where the sole potential basis of jurisdiction is the MBR factors (i.e.,
presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional judgment (check all
that apply):
❑Non -wetland waters (i.e., rivers, streams):linear feet, wide.
OLakes/ponds: 0.2 acres.
❑ Other non -wetland waters: acres. List type of aquatic resource:
❑ Wetlands: acres.
Provide acreage estimates for non jurisdictional waters in the review area that do not meet the "Significant Nexus" standard, where such a
fmding is required for jurisdiction (check all that apply):
❑Non -wetland waters (i.e., rivers, streams):linear feet, wide.
❑Lakes/ponds: acres.
❑ Other non -wetland waters: acres. List type of aquatic resource:
❑ Wetlands: acres.
1Vrior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA HQ for review
consistent with the process described in the Corps/EPA Memorandum Regarding CWA Act Jurisdiction Following Rapanos.
Page 7 of 7 Form Version 10 June 2020

SECTION IV: DATA SOURCES.
A. SUPPORTING DATA. Data reviewed for JD (check all that apply - checked items shall be included in case file and, where checked and
requested, appropriately reference sources below):
❑X Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant: Figures 1-6
❑X Data sheets prepared/submitted by or on behalf of the applicant/consultant.
❑X Office concurs with data sheets/delineation report.
❑ Office does not concur with data sheets/delineation report.
❑ 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.
X U.S. Geological Survey map(s). Cite scale & quad name: Figure 3, USGS Topographic Quadrangle (7.5-minute quadrangle Derita,
NC)
❑X USDA Natural Resources Conservation Service Soil Survey. Citation: Figure 4, NRCS Soil Survey (Web Soil Survey of Mecklenburg
County)
❑X National wetlands inventory map(s). Cite name: Figure 5, National Wetland Inventory (USFWS NWI Mapper)
❑ State/Local wetland inventory map(s):
❑X FEMA/FIRM maps: Figure 6, FEMA Floodplain Panel (National Flood Hazard Layer)
❑ 100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929)
❑X Photographs: ❑X Aerial (Name & Date): Figure 2, County GIS (Dated 12/06/21)
Or ❑X Other (Name & Date): Photographs 1-30
❑ Previous determination(s). File no. and date of response letter -
El Applicable/supporting case law:
❑ Applicable/supporting scientific literature:
❑X Other information (please specify): Figure 1, Approximate Delineation of Surface Waters and Wetlands (Dated 12/06/21)
B. ADDITIONAL COMMENTS TO SUPPORT JD: Pond 1 is a farm pond constructed in uplands and has no
connection to downstream jurisdictional waters.
Page 1 of 1 Form Version 10 June 2020

Wetland Waters of
the U.S.
Abutting
Wetland 2200
-r1.25 ac
Wetland Waters of
the U.S.
Abutting
Wetland 2300
-r0.26 ac
=2
0 162.5 325 650 Feet
Waters of the U.S.
Perennial RPW
Tributary 1
-r2350 LF
Wetland Waters of
the U.S.
Abutting
Wetland 2100
-r1.3 ac
Isolated
Pond 1
-0.2 ac
Waters of the U.S
Perennial RPW
*Wetland Sketch provided for illustrative purposes for preliminary planning use only. Not intended Tributary 2
to be relied upon for exact location, dimensions, or orientation. All findings and assessments made �385 LF
by wetland consultants regarding limits ofjurisdiction or permitting requirements are subject to
verification by the US Army Corps of Engineers and other appropriate state and local authorities.
P tN
Wetland Waters of
the U.S.
Abutting
Wetland 1100
-4.21 ac
JJ
Waters of the U.S.
Perennial RPW
Tributary 3
-r140 LF
rojec ame.
Oehler Road
Owner/ Developer: Mill Creek Residential
WETLANDS City / County: Charlotte/Mecklenburg
& WATERS, INC_
Tax PiN(s): 02933106, 02933115, 02933113, 02933116
Figure 1- Approximate Delineation Coordinates: Scale: Date:
of Surface Waters and Wetlands I Lat: 35.359374 Long:-80.771809 Graphic 12-06-2021

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
MARC RECKTENWALD
Director
Jeremia Murphy
MCRT SFR Investments, LLC
1001 Morehead Square Drive, Suite 350
Charlotte, NC 28203
Project: Amavi Mallard Creek
NORTH CAROLINA
Environmental Quality
June 27, 2023
Expiration of Acceptance: 12/27/2023
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
Yadkin
03040105
Riparian Wetland
0.548
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,
At�t�1gfy�,d
FOR James. B Stanfill
Deputy Director
cc: Perry Isner, 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
h(h�TH :.AROI iRA IV
o �nmmmenni w�a 919,707,8976

WETLANDS
lyya WATERS, INC.
Jeremia Murphy
Mill Creek Residential
101 W. Worthington Avenue
Suite 210
Charlotte, NC 28203
RE: Threatened and Endangered Species Evaluation
Oehler Road
Charlotte, Mecklenburg County, NC
PIN: 02933106, 02933115, 02933113, 02933116
Mr. Murphy,
12-02-2022
Wetlands & Waters, Inc. (W&W) has completed an evaluation of the above referenced property
assemblage (hereafter referred to as "review area") for Federal threatened and endangered species and
potentially suitable habitat for those species known to occur in Mecklenburg County, NC at the time of
the field evaluation and for which are applicable to the optimal survey window at the time of this report.
This report may be used by the U.S. Army Corps of Engineers (or other Lead Federal Agency such as
FEMA) to determine if additional coordination will be necessary to satisfy requirements of the
Endangered Species Act.
For the purpose of this report, the review area is located at the tenninus of Johnston Oehler Road in
Charlotte, Mecklenburg County, NC.
Methodology
Evaluation of the review area included a report of known species and critical habitat occurrences within
or in close proximity to the project area from the North Carolina Natural Heritage Program (NHP)
database (Attachment D); field reviews of known extant populations of species that may potentially be
present; and on -site field evaluations of potentially suitable habitat for Federally listed species known to
occur in Mecklenburg County, conducted on September 20, 2022. The site evaluation focused on
Michaux's Sumac (Rhus michauxii), Schweinitz's Sunflower (Helianthus schweinitzii), Smooth
Coneflower (Echinacea laevigata), Northern Long -Eared Bat (Myotis septentrionalis), Bog Turtle
(Glyptemys muhlenbergii), and Carolina Heelsplitter (Lasmigona decorata) within potentially suitable
habitat areas in the review area. Photographs documenting reference populations (if applicable) and
existing site conditions are included in Attachment E.
Prior to conducting field evaluations, W&W staff review USFWS IPaC listed species that are known to
occur within the project's county. USFWS published data is used to validate diagnostic characteristics for
species that may be present. When practical, known populations of Federal threatened and endangered
species are referenced in a non -intrusive manner for confirmation of seasonal growth patterns, diagnostic
features, and behavioral characteristics.
Wetlands & Waters, Inc.
WETLAND AND ENVIRONMENTAL CONSULTANTS

4
ly
WETLANDS
ac WATERS, INC.
Species Profile
Michaux's Sumac (Rhus michauxii)
Michaux's Sumac grows in sandy or rocky open woods on sandy or sandy loam soils with low cation
exchange capacities and appears to depend on some form of disturbance to maintain the open quality of
its habitat. This disturbance may be in the form of fire, wind throws, or openings created by roads,
railroads and utility rights of way (U.S. Fish & Wildlife Service, Southeast Region, Raleigh Ecological
Services Field Office, 2021).
Schweinitz's Sunflower (Helianthus schweinitzii)
Habitat for Schweinitz's Sunflower includes clearings and edges of upland woods, thickets, and pastures.
The species is found along roadsides, powerline clearings, old pastures, and woodland openings.
Schweinitz's Sunflower requires disturbance (blowdowns, storm, or fire) to create open areas for full
sunlight, but may also grow in open stands of trees with minimal shade. Soils may be either shallow,
sandy with high gravel content, or a clayey hardpan. The sunflower may prefer soils derived from basic
material (Krings, Goyette, Suiter, & Samuels, 2021).
The NC NHP report indicates there is one documented occurrence of the Schweinitz's Sunflower within a
one -mile radius of the review area. There is potentially suitable habitat within the powerline ROW and
field edges, however no individuals were found during the field evaluation.
Smooth Coneflower (Echinacea laevigata)
Smooth Coneflower is typically found in open woods, cedar barrens, roadsides, clear cuts, dry limestone
bluffs and power line rights -of -way. The species is usually found on magnesium and calcium rich soils
associated with amphibolite, dolomite or limestone (in VA), gabbro (in NC and VA), diabase (in NC and
SC) and marble (in SC) (U.S. Fish & Wildlife Service Southeast Region, Raleigh Ecological Services
Field Office, 2011). The best Echinacea laevigata populations receive abundant sunlight and little
competition from other plant species (Gaddy 1991, as referenced in U.S. Fish & Wildlife Service
Southeast Region, Raleigh Ecological Services Field Office, 2011).
Northern Long -Eared Bat (Myotis septentrionalis)
Endangered Species Act protections for the Northern Long-eared Bat (NLEB) prohibit incidental "take"
(harming, harassing, or killing) of the species within hibernation sites, within'/4 mile of a known
hibernation site, and within a 150-foot radius of a known, occupied maternity roost from June 1-July 31.
Confirmed hibernation and maternity sites for this species are limited to a selection of western counties of
North Carolina; however, Mecklenburg County lies within the NLEB range and White -Nose Syndrome
Zone per the final 4(d) Rule.
The NC NHP report indicates that there are no known occurrences of this species within a one -mile radius
of the review area. The review area may provide limited potential to host the NLEB in forested portions
of the site, but other aspects of suitable habitat such as bridges or mine shafts are not present on -site.
W&W did not observe evidence of the species during the field review.
Bog Turtle (Glyptemys muhlenber
In the November 4, 1997 Federal Register (55822-55825), the southern population of the Bog Turtle
Wetlands & Waters, Inc.
WETLAND AND ENVIRONMENTAL CONSULTANTS

WETLANDS
WATERS, INC.
(from Virginia to Georgia) was listed as T(S/A); the designation bans the collection and interstate and
international commercial trade of bog turtles from the southern population. The T (S/A) designation has
no effect on land management activities by private landowners in North Carolina. Taxa listed as T(S/A)
are not biologically endangered or threatened and are not subject to Section 7 consultation (U.S. Fish &
Wildlife Service, 2020). Bog Turtle habitat consists of mud, grass and sphagnum moss of bogs, swamps,
and marshy meadows (U.S. Fish & Wildlife Service, 2011), with microhabitats that include dry,
saturated, and periodically flooded areas (Service U. F., 2020).
Carolina Heelsplitter (Lasmigona decorata)
The Carolina Heelsplitter is a freshwater mussel species with final designated critical habitat. The primary
constituent elements of critical habitat for this species include: permanent, flowing, cool, clean water;
geomorphically stable stream and river channels and banks; pool, riffle, and run sequences within the
channel; stable substrates with no more than low amounts of fine sediment; moderate stream gradient;
periodic natural flooding; and fish hosts, with adequate living, foraging, and spawning areas for them (B.
Hampstead, personal communication, September 14, 2020). Based on historic and recent records for the
species, the surviving occurrences exist as small fragments, restricted primarily to short reaches of
tributary streams (U.S. Fish & Wildlife Service, Southeast Region, Asheville Ecological Services Field
Office, 2012). The current range for the species in North Carolina includes South Fork Fishing, Bull Run,
Beaverdam, Sixmile, Cane, Waxhaw, and Gills creeks in the Catawba River Basin, and Flat Creek and
Lynches River in the Pee Dee River Basin (U.S. Fish & Wildlife Service, 2019).
Findings
The review area is an approximately 722-acre parcel assemblage. Forested canopy conditions occur
along the southern boundary of the review area, abutting Stony Creek. Historic aerials indicate
agricultural use has remained consistent predating 1993. The land use is currently three lots with single
family houses. The site is underlain by Enon sandy loam, 8 to 15 percent slopes, Iredell fine sandy loam,
0 to 1 percent slopes, 1 to 8 percent slopes, Mecklenburg fine sandy loam, 2 to 8 percent slopes, 8 to 15
percent slopes, Monacan loam, 0 to 2 percent slopes, and Wilkes loam 8 to 15 percent slopes. Potentially
suitable habitat for the Michaux's Sumac, Schweinitz's Sunflower, and Smooth Coneflower is limited to
the powerline ROW through the southern floodplain and along field edges throughout the review area;
other open areas of the site appear to be maintained for agriculture and are not suitable.
Potentially suitable habitat is present for Michaux's Sumac, Schweinitz's Sunflower, and Smooth
Coneflower; however, no individuals were found during the site evaluation. The results of the field survey
are illustrated on the attached figure, Threatened and Endangered Species Survey.
See the report entitled Delineation of Waters of the US compiled by Wetlands and Waters, Inc for the
subject property for the locations of potential habitats for aquatic and semiaquatic species. Only perennial
streams and rivers flowing to the Goose Creek and Duck Creek in the Yadkin River Basin, and Six Mile
Creek in the Catawba River Basin would have the potential to support the Carolina Heelsplitter. There are
perennial tributaries within the review area, however they drain to Mallard Creek and are therefore not
potentially suitable habitat. Southern Bog Turtles are threatened because of their close morphological
similarity of appearance to the endangered Northern Bog Turtle; none of the wetlands on site were
deemed to be suitable habitat for this species.
Wetlands & Waters, Inc.
WETLAND AND ENVIRONMENTAL CONSULTANTS

WETLANDS
lyya WATERS, INC.
There are no known hibernacula for Northern Long-eared Bat in the vicinity of the project based on the
US Fish and Wildlife database for watersheds that are occupied by the species. The project is entirely
outside of areas known to be occupied by the species. The project appears to meet the criteria for the 4(d)
rule exemption and our conclusion is that a "may affect not likely to adversely affect" determination is
appropriate.
Recommendations
W&W conducted evaluations of plant communities and potentially suitable habitat for the federally listed
Michaux's Sumac, Schweinitz's Sunflower, Smooth Coneflower, Northern Long -Eared Bat, Bog Turtle,
and Carolina Heelsplitter within the Oehler Road review area. Although potentially suitable habitat is
present for Michaux's Sumac, Schweinitz's Sunflower, and Smooth Coneflower, no individuals were
observed within the review area. Because of this species' apparent absence from the review area, it is our
assessment that a "may affect not likely to adversely affect" determination is appropriate and no further
action is recommended at this time.
This concludes our assessment of the presence or absence of the Federally endangered Michaux's Sumac,
Schweinitz's Sunflower, Smooth Coneflower, Northern Long -Eared Bat, Bog Turtle, and Carolina
Heelsplitter and the presence of suitable habitat for those species. Should you require more information
regarding the results of our evaluation, please do not hesitate to contact us.
Sincerely,
Perry Isner
[phone]
Enclosures: Threatened and Endangered Species Survey
Attachment A. NCDOT Project ATLAS: Schweinitz's Sunflower Potential Habitat Model
Attachment B. NCDOT Project ATLAS: Smooth Coneflower Potential Habitat Model
Attachment C. NCDOT Project ATLAS: Michaux's Sumac Potential Habitat Model
Attachment D. North Carolina Natural Heritage Program Report
Attachment E. Field Photographs
Wetlands & Waters, Inc.
WETLAND AND ENVIRONMENTAL CONSULTANTS

W
ac WATERS, INC.ETLANDS
References
Krings, A., Goyette, S., Suiter, D., & Samuels, A (2021, July). Schweinitz's Sunflower (Helianthus
schweinitzii). Retrieved from Rare plants of North Carolina:
https://projects.ncsu.edu/cals/plantbiology/ncsc/rare/images/Helianthus schweinitzii NHP.pdf
U.S. Fish & Wildlife Service Southeast Region, Raleigh Ecological Services Field Office. (2011). Smooth
Coneflower (Echinacea laevigata) 5-YearReview: Summary and Evaluation. Raleigh, NC: U.S.
Fish & Wildlife Service.
U.S. Fish & Wildlife Service, Southeast Region, Raleigh Ecological Services Field Office. (2021).
Michaux's Sumac (Rhus michauxii) 5-YearReview: Summary and Evaluation. Raleigh: Raleigh
Ecological Services Field Office, U.S. Fish & Wildlife Service.
Wetlands & Waters, Inc.
WETLAND AND ENVIRONMENTAL CONSULTANTS

Wetland Waters of
the U.S.
Abutting
Wetland 2200
-r1.25 ac
Wetland Waters of
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Wetland 2300
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=2
0 162.5 325 650 Feet
Waters of the U.S.
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Tributary 1
-r2350 LF
Wetland Waters of
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Abutting
Wetland 2100
-r1.3 ac
Isolated
Pond 1
-0.2 ac
Waters of the U.S
Perennial RPW
*Wetland Sketch provided for illustrative purposes for preliminary planning use only. Not intended Tributary 2
to be relied upon for exact location, dimensions, or orientation. All findings and assessments made �385 LF
by wetland consultants regarding limits ofjurisdiction or permitting requirements are subject to
verification by the US Army Corps of Engineers and other appropriate state and local authorities.
P tN
Wetland Waters of
the U.S.
Abutting
Wetland 1100
-4.21 ac
JJ
Waters of the U.S.
Perennial RPW
Tributary 3
-r140 LF
rojec ame.
Oehler Road
Owner/ Developer: Mill Creek Residential
WETLANDS City / County: Charlotte/Mecklenburg
& WATERS, INC_
Tax PiN(s): 02933106, 02933115, 02933113, 02933116
Figure 1- Approximate Delineation Coordinates: Scale: Date:
of Surface Waters and Wetlands I Lat: 35.359374 Long:-80.771809 Graphic 12-06-2021

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Attachment A:
NCDOT Project ATLAS
Schweinitz's Sunflower Potential
Habitat Model

Countryside
Montessori -
Johnston Oehler
Campus
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Legend
Schweinitzs
Sunflower
Potential Habitat
- High
Moderate
Low
No model output
Project Name:
WETLAN �S Owner /De -I
i �& WATERS, INC. City/County:
Tax PIN(s):
NCDOTATLAS Schweinitz's Sunflower Model Coordinates:
Oehler Road
N
W+E
S
Date: 12-01-2022

Attachment B
NCDOT Project ATLAS
Smooth Coneflower Potential Habitat
Model

J
Countryside
Montessori -
Johnston Oehler
Campus
am
114
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Legend
Smooth
Coneflower
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Moderate
Low
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ps ContribLM9
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Project Name:
We��-AT-E
N-Owner/De-I
RS, INC. City/County:
Tax PIN(s):
NCDOT ATLAS Smooth Coneflower Model Coordinates:
Oehler Road
N
W+E
S
Date: 12-01-2022

Attachment C:
NCDOT Project ATLAS
Michaux's Sumac Potential Habitat
Model

Legend
Michauxs Sumac
omalftvw Potential Habitat
° - e High
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(off Moderate
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Census B NC C I
Project Name: Oehler Road N
WETLAN �S Owner/ Developer: Mill Creek Residential W�E
1 & WATERS, INC. City/County: Charlotte/Mecklenbur V
NCDOT ATLAS Michaux's Sumac Model Tax PIN(s): oor ina es: 02t. 3106 02933116 02933116 02933110 $
Lat: 36.369374 Long:-80.771809 Date: 12-01-2022

Attachment D:
North Carolina Natural Heritage
Report

Roy Cooper, Governor
■ ■■■
r ■■ ■ INC DEPARTMENT OF
■■,■i NATURAL AND CULTURAL RESOURCES
■ ■■
December 6, 2021
Meagan Jolly
Wetlands & Waters, Inc.
328 East Broad Street
Statesville, NC 28677
RE: Oehler Road
Dear Meagan Jolly:
❑. 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.
A query of the NCNHP database indicates that there are records for rare species, important natural
communities, natural areas, and/or conservation/managed areas within the proposed project
boundary. These results are presented in the attached `Documented Occurrences' tables and map.
The attached `Potential Occurrences' table summarizes rare species and natural communities that
have been documented within a one -mile radius of the property boundary. The proximity of these
records suggests that these natural heritage elements may potentially be present in the project area
if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile
radius of the project area, if any, are also included in this report.
If a Federally -listed species is documented within the project area or indicated within a one -mile
radius of the project area, the NCNHP recommends contacting the US Fish and Wildlife Service
(USFWS) for guidance. Contact information for USFWS offices in North Carolina is found here:
httr)s://www.fws.gov/offices/Directory/ListOffices.cfm?statecode=37.
Please note that natural heritage element data are maintained for the purposes of conservation
planning, project review, and scientific research, and are not intended for use as the primary criteria
for regulatory decisions. Information provided by the NCNHP database may not be published
without prior written notification to the NCNHP, and the NCNHP must be credited as an information
source in these publications. Maps of NCNHP data may not be redistributed without permission.
Also please note that the NC Natural Heritage Program may follow this letter with additional
correspondence if a Dedicated Nature Preserve, Registered Heritage Area, 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�ncdcr.gov or 919-707-8603.
Sincerely,
NC Natural Heritage Program
DEPAR7HEN7 OF NATURAL AND CULTURAL RESOURCES
121 W. JONES STREET. RALEIGH. NC 27603 • 1691 MAIL SERVICE CENTER. RALEIGH. NC 27609
OFC 919.707.9120 • FAX [phone]

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Attachment E:
Field Survey Photos

DIRECTION 35.35995ON ACCURACY 38 ft DIRECTION 35.35993'N ACCURACY 22 ft
244 deg(T) 080.77236'W DATUM 'OG584 168 den(T) 080.77251'W UATUM WG584
V ry 1Y" � - •
Protected Protected
Oehler Species._ 2022-09-20 Oehler Species- 2022-09-20
DIRECTION 35.36006'N ACCURACY 16 ft DIRECTION 35.160420N ACCURACY 16 ft
24 deg(T) 080.7726VW DATUM WG584 73 degtT.) 080.77262'W DATUM WG584
a�3 per � - , ;•7J�`T3
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r l �('t: Fi•~1 FYI -
7r
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Protected Protected
Oehler Species- 2022-09-20 Oehler Species- 2022-09-20

DIRECTION 35.36054ON ACCURACY 16 ft
102 deg(T) 080.77240°W DATUM WG584
DIRECTION 35.36062'N ACCURACY 56 ft
126 deg1!T) 080.77197'W DATUM WG584
w
Prot (ted
Oehler Species- 2022-09-20 Oehler Species_ 2022-09-20
DIRECTION 35.36080'N ACCURACY 16 ft DIRECTION 35.36103'N ACCURACY 16 ft
88 degtT) 080.77144°W DATUM WG584 37 (leg(T) 080.77144`W DATUM WG584
VF
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PTOtrLi_CiJ Protdifted
Oehler Species. 2022-09•-20 Oehler Species_ 2022-09-20

DIRECTION 35r3614DON ACCURACY 16 ft
28 deg(T) 080.771e6°W DATUM WG584
��! �- � •,�` '����+fin- .� r
DIRECTION 35.36334'N ACCURACY 761 ft
321 deq(TY 080.76814'W DATUM KS84
' �L*fit-�'f �;. ' - ' ° � .. ,+ � " •��� �
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Protected Protected
Oehler Species._ 2022-09--20 Oehler Species._ 2022-89-20
a. DIRECTION 35.3621791 -ACCURACY 406 ft DIRECTION 35.36212°N ACCURACY 81 ft
33 gIT) :680.77134'W3• DATL" WGS84 281 deg(T) 080.77166`W DATUM WG584
�r A�. .. � � � { � �. ; •.�-� * �. `lam � } . :3.e :..
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-Protected d
(]e�ler Species._ 2022-09-20 Oehler Species.- 2022-09-20

DIRECTION. .35.36227'N ACCURACY 278 ft
2.deg (T)''. 080.77234'W DATUM WG584
L AG t
it
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Ig
J
-
prptected --i
Oehler Species_ 2022--09-20
DIRECTION 35.36301°N ACCURACY 44 ft
239 deg(T) 080.7730WW DATUM WGSB4
Protected
Oehler Species- 2022-69--20
DIRECTION 35.36279'N ACCURACY 393 ft
332 deg(T) 080.77233"W OATUH W15S84
,r -VA
Kr
- .
"r F _
�Y Awl'
Oehler
• fF
Protected
Species- 2022-89-29
DIRECTION 35.36273*N ACCURACY 73 ft
26 deg{T} 880.77357'W DATUM WGS84
too
Jt
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ay
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Frto�eCted
Oehler Species.- n22--09-20

JF..
DIRECTION 35.36271ON ACCURACY 28 ft
169 deq(T) 080.77345`W DATUM WG584
_,4�` � art !' ±'f' ' . "J .. •.lt .T
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Protec-ted
Oehler Species.. 2022-09-20
DIRECTION 35.36126°NI ACCURACY 68 ft
172 deq(T) 080.77290`W DATUM WG584
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•Protected
Oehler Species._ 2022-109-20
DIRECTION 35.36188'N ACCURACY 177 ft
166 deg(T) 080.77317°W DATU WC-584
NA.
'ram _ � '!�' � � t:-. � •.�
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yam, !�`.,��.. 3'+ � �"{ 'Y .•y ��r' �I � r � G '�� ..
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Oehler Species- 2022-09-20
DIRECTION 35,36035'N ACCURACY 17
137 do(T) 080.77358'W a►DATL" WGS
•ter r %' �• . r �Cr
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Pr'4teC ted
Oehler Species- 2022-09--20

DIRECTION 35.36033ON ACCURACY 17 ft {iIRECTION 35,36076`N ACCURACY 152 ft
288 deq(T) 080.77359"W DATUM WGS84 335 degM Q89.77451'W DATU4 WGS84
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Protected
Oehler Species-
2022-89-20
Protected
Oehler Species-
2022-09--20
DIRECTION 35.36134'N ACCURACY 250 ft DIRECTION 35,36075ON ACCURACY 72 ft
316 deg(T) 080.77484°W DATUM WG584 228 deq(T) 080.77491*W 0ATL"1 WGS84
or
Pi
lim lie
ir
fr
Protected Protected
Oehler Species- 2022-09-20 Oehler Species_ 2022-09-20

DIRECTION 35.36069'N ACCURACY 30 ft DIRECTION 35136043'N ACCURACY 16 ft
237 deg(T) 080.77501'W DATUM WG584 1.24 deg(T) 080.77478'W DATUM WG584
• - �. ' . � ��; max,. _
-4L
I �
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l - 1' '�' • ifl�
Protected Protected
Oehler Species- 2022-09-20 [7ehlur Species- 2022-D9-20
DIRECTION 35135978°N ACCURACY 260 ft DIRECTION 35135898°N ACCURACY 242 ft
147 deg(T) 080.77451'W DATUM WG584 134 deg(T) 080.77351°W DATA WG584
Lh *i.
41
Protected Protected
Oehler Species- 2022-09-20 Oehler Species- 2022-09-20

DI�ECTION 35.35952'N ACCURACY 152 ft DIRECTION 35.35939°N ACCURACY 16 ft
M deq(T) .080.77328=W DATUM 416584 201 deq(T) OW773WW DATUM WG584
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Protected Protected
Oehler Species- 2022-89-20 Oehler Species- 2022-09-20
Art
DIRECTION 35.35915°N ACCURACY 17 f� DIRECTION 35.35785°N ACCURACY 135 ft
177 deq(T) 080.77311`W DATUM.WG584 1I3 deg(T) 080.77408'W DATUM WG584
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Protected Prctur_Ccd
Oehler Species- 2022-09-20 Oehler Species- 2022-69-20

DIRECTION
129 deq(T)
i
35f35882°N
080.77777`W
• s
ACCURACY 17 ft
DATW WG584
Y
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Protected
Oehler Species_ 2022-09-20''
DIRECTION 35f35882°N
31 deo(T) 080.77145°W
�r
a
ACCURACY 17 ft
DATUM WG584
I '
DIRECTION 35.358644N ACCU Y 16 i-t.
+�l83 deq(T) .080.77202*W DATUM WG584 .
�4i` . M . I TS �.. i � • •-T yam/•} IL
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Protected
Oehler Species- 2022-09-20
DIRECTION 35.3S882°N ACCURACY 17 ft
207 deq(T) 080.77143°W DAsix4 W6S84
J L,'• � 'w
jP
r
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1! - Ito,
Oehler
.a+ -4
Protected Protected
Species- 2022-09-20 � .�� Oehler Species- 2022-09-20

DIRECTION 35.35853"N ACCURACY 16 ft DIRECTION 35.35833"N ACCURACY 16 ft
163 deg(T) 080.77125°W DATUM WG584 120 deg(T) 080.77092°W DATUM WG584
R i' 7 - 'f L+F _ • r; • _ .Y ,Zr-n � l �" w r•� r
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Protected ProtelLted
Oehler Species- 2022-09-20 Oehler Species_ 2022-09-20
DIRECTIONo 35.35826'N ACCURACY 17 ft DIRECTION 35.35821ON ACCURACY 17 ft
110 deq(T) 080.7705VW DATUM WG584 14 deg(T) 080.7782YW DATUM WG584
rj AR A, "or
•' - .•,S4 �l-A r ' ' , ��� ; , ,' 'r' l +, ft • .17
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1144
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Protected Protected
Oehler Species- 2022-09-20 Oehler Species- 2A22-09-20

L144
IRECTION 35.35822*N ACCURACY 17 ft DIRECTION 35.35824ON ACCURACY 16 ft
de�IT1 080.77020'W OATiS WG584 71 deg(T) 08S3.7fi994°W DATUM WG584
Wk
TAW
tit '�`� .... . • �,� tr� � � 14� 1—„ •+"
10
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Protected Protected
Defiler Species- 2022-09--20 Oehler Species- 2022-09-20
DIRECTION
35.35800'N
ACCURACY 36 ft
DIRECTION
35.35786"N
ACCURACY 16 ft
151 deg(T)
080. 76981 °W
DATUM WG584
105 deq (T)
080. 769WW
DATUM WG584
•
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Protected
Protected
Oehler
Species-
2022•-09-20
Oehler
Species-
2022-09-20

DIRECTION 35.35775'N ACCURACY 17 ft DIRECTION 35.35774ON ACCURACY 17 ft
143 deq(T) 080.76893'W DATUM WG584 50 deq(T) 080.76891'W DATUM WG584
ov
di
JC
i
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.may I �`'-.,a^r�.'F x � _ ' ? _ • ' , '�': s
Protect Protected
Oehler Species- 2022-09-20 Oehler Species. 2022-09-20
DIRECTION 35.35777*N ACCURACY 20 ft DIRECTION 35.35777°N ACCURACY 16 ft
19 deg(T) 080.76855°W DATUM WG584 84 deg(T) 080.76857°W DATUM WG584
jr
Nt
�. ton.
n r }
Protected
Oehler Species- 2022-09-20
mow• "` "+�+,. .�•.
Protected
Oehler Species- 2022-09-20

DIRECTION 35. 35818'N ACCURACY 16 ft
341 deg(T) 080.76857'W DATUM Wq594
Ali AWL
On.
14 _14
r 'iF J ' •r f�' `�.
Jv
IV.
All
V
Protected
Oehler
Species-
2022-09-20
DIRECTION
35.35875*N
ACCURACY 16 ft
29 deg(T)
080.76855'W
nATUM WG584
DIRECTION 35.35854"N ACCURA _.. 26 ft
2.7-degiT) 080,76883"W DATUM Wd584o
4u V
AN,
ri 1:_1 . . . . . . . . . . . .
to
-01
p 4W
iiik� *Aj -
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Protected
Oehler Species- 2022-0-26
DIRECTION 35.35922ON ACCURACY 16 ft
18 deg(T) 080.76840'W DATUM WG584
.VA
6"d,
-
4
J�
41.
7
Protected
Protected
Oehler
Species-
2022-09-20
Oehler
Species- 2e22-09-20

DIRECTION
35r35922'N
ACCURACY 16 ft
DIRECTION 35r35993ON ACCURACY 141 ft
281 deg(T)
080.76840°W
DATUM WGS84
191 degM 080.77035"W DATUMS WG584
r L .� t, .+ a• � � yr^ : ., � .. n
i•a �� c Z I..
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ir
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Pr�tz�terf
Oehler
Species_
2022-09-20
Oehler Species_ 2022-69-20
DIRECTION
35r35948*N
ACCURACY 16 ft
DIRECTION 35.35928'N ACCURACY 16 ft
176 deq(T)
080.771D526W
DATUM WGS84
153 deg(T) 080.77055"W DATUM WGS84
. r;. �'�
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Protected
Oehler
Species-
2022-09-20
Oehler Species_ 2022-09-20

DIRECTION 35.35941'N ACCURACY 16 ft ❑IRECTION 35.35944"N ACCURACY 16 ft
325 deg(T) 080.77085°W DATUM WG584 1 252 deg(T) 080.7709VW DATUM WG584
ram` .r• �� �. r _ � � r •i,'
1,7
Protected
Oehler Species... 2022-09-20
DIRECTION 35.35968"N
ACCURACY 16 ft
325 deg(T) 080.77106'W
DATUM WG584
.ram
Protected
Oehler Species- 2022-09-20
xj
-�-.r~"" �i f.: y.L'.1j3,".4' v..-��'; ._:y+.� ..r..-..'�ti�re'L��li` 4•.ti4. h'i
Protected
Oehler Species_ 2022-09-20
DIRECTIOi..,■ 5,35994-N.,1 ACCURACY 17 €t
37 degIT)' 0.771]4`w DATUM WG584
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Protected
Species- 2022-09--20

DIRECTION 35.36013°N ACCURACY 16 ft DIRECTION4 35.36030"N ACCURACY 17 ft
241 deq(T) 080.77133°W DATUM WG584 37 deg(T) 080.77165-W DATUM WGS81
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DIRE CTIOji1 , , ► '' , A.AV7-N ACCURACY 18 ft DIRECTION 35.36029"N ACCURACY I8 ft
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Oehler Species- 2022-09-20 Oehler Species_ 2022-09-20

DIRECTION 35.36@47'N ACCURACY 17 ft DIRECTIO14 35.360490N ACCURACY 17 ft
340 deq(T) 080.77079'W DATI14 WG584 8.4 deg[T] 080.77079-W DATUM WG584
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Protected Protected
Oehler Species- 2822-09-20 Oehler Species- 2022-89-20
DIRECTION 35.36047ON ACCURACY 16 ft DIRECTION 35.3605DON ACCURACY 16 ft
78 deq(T) 084.7702WW DATUM '415584 291 deq(T) 080.77028'W DATUM WG584
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Oehler Species_ 2022-09-20 Oehler Species_ 2022-09•-20

DIRECTION 35.36054'N
96 degiT) 080.771DWW
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93 deg(T) 080.76987°W DATUM WG584
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DIRECTION 35136030*N ACCURACY 161 ft DIRECTION: 35.36059'N ACCURACY 17 ft
22 deg(T) 080.76965°W DATUM WG584 126 degM 080.7687WW DATUM '41G584
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Oehler Species- 2022-09-20 Oehler Species_ 2022-09-20

DIRECTION 35.36059'N ACCURACY 17 ft DIRECTION 35.36068'N ACCURACY 27 ft
56 deg(T) 080.76877`W DATUM WG584 110 deg(T) 080.76$74'W DATUM WG584
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DIRECTION 35.360791N ACCURACY 16 ft DIRECiAN 35.36081"N ACCURACY 16 ft
67 deg(T) 080,76848'W DATUM WG584 120 deg(T) 080.76847'W DATUM WG584
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Protected Protected
Oehler Species._ 2022-09-20 Oehler 5aeries- 2022-09-20

DIRECTION 35.36096ON ACCURACY 16 ft DIRECTION 35.36103'N ACCURACY 16 ft
134 deg(T) 080.76829°W DATUM WGS84 350 deg(T) 080.76826'W DATUM WGS84
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Oehler Species._ 2022-09-20 Oehler Species._ 2022-09-20
DIRECTION 35.36106114 ►ACCURACY 16 ft DIRECTION 35.36102"N ACCURACY 16 ft
187 deg(T) 080.76809'W DATUM4f6S84 195 deg(T) 080.76814'W DATUM WGS84
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