20200548 Ver 2_Evoke at Indian Trail PCN package_20240123

CLearWaLer
An EnviroScrence CompanyM
ClearWater Environmental Consultants, Inc
www.cwenv.com
January 23, 2024
Ms. Amber Lipsky Ms. Stephanie Goss
US Army Corps of Engineers NC Division of Water Resources
Charlotte Regulatory Field Office 401 & Buffer Permitting Unit
8430 University Executive Park Drive, Ste. 611 512 N. Salisbury Street, 9th Floor
Charlotte, North Carolina 28262 Raleigh, NC 27604
RE: Evoke Indian Trail
Nationwide Permit 29 Application
Union County, North Carolina
USACE Action ID No. 2019-01147; NCDWR Project No. 20200548
Dear Ms. Lipsky and Ms. Goss,
The attached Pre -Construction Notification (PCN) request is being submitted on behalf of Evoke
at Indian Trail, LLC; represented by Mr. Henry Rebisz. The project site is located off Wesley
Chapel Stouts Road at 5304 Rosetta Dr. (35.051108,-80.642730) in Union County, NC. The
applicant is seeking Nationwide Permit 29 for temporary impacts to jurisdictional streams and
permanent impacts to wetlands to develop a multi -family residential community and associated
infrastructure.
This project was previously permitted by the Corps on May 8, 2020 (SAW# 2019-01147); that
permit expired on March 18, 2022. This request is to reissue that permit; there are no changes to
the proposed plans from the original permit. Mitigation for 0.27 acres of wetland impacts have
already been satisfied through NC Division of Mitigation Services (see Attachment E).
Please do not hesitate to contact me at 828-698-9800 if you have any questions regarding the
attached application and supplemental information. A copy of this application has been sent via
email to John Hammond, US Fish and Wildlife Service; and to the 401 permit reviewer at NCDEQ
Division of Water Resources — Mooresville Regional Office.
Sincerely,
Eric Ro zaniszyn
Senior Scientist
Copy issued:
NC DEQ Division of Water Resources, Mooresville Regional Office — 401 Permit Reviewer
US FWS, Raleigh Office — John Hammond
145 Th Avenue West, Suite B
Hendersonville, NC 28792
828-698-9800 Tel

Preliminary Data Entry Fields for New Actions
JSAW — 2019 -1147
u
1. Project Name: Evoke Indian Trail
2. Work Type: Private ❑ Institutional ❑ Government ❑ Commercial ❑✓
3. Project Description / Purpose:
The project will include five residential buildings with sixty four residential units in each building for a
total of 320 units. It will include a clubhouse, pool, putting green, and 771 parking spaces.
4. Property Owner / Applicant:
Henry Rebisz
S. Agent / Consultant: ClearWater, an EnviroScience Company
6. Related Action ID Number(s): SAW-2019-01147
7. Project Location - Coordinates, Street Address, and/or Location Description:
35.051108,-80.642730; 5304 Rosetta Dr, Seven parcels off Wesley Chapel Stouts Road behind
Sun Valley Shopping Center.
8. Project Location - Tax Parcel ID: 07069132B
9. Project Location —County: Union
10. Project Location — Nearest Municipality or Town : Indian Trail
11. Project Information — Nearest Waterbody: South Fork Crooked Creek
12. Watershed / 8-Digit Hydrologic Unit Code: Yadkin Pee -Dee/ Rocky River/03040105
Authorization: Section 10 ❑ Section 404
Regulatory Action Type:
El Standard Permit
Nationwide Permit # 29
❑ Regional General Permit #
❑ Jurisdictional Determination Request
❑✓ Section 10 & 404 ❑
F]Unauthorized Pre -Application Request
Activity
❑ Compliance
❑ No Permit Required
Revised 20210513

CLe.arWaLer
Ar; Enviro5cience Cc�npanr8
Department of the Army
Wilmington District, Corps of Engineers
Attn: Tommy Fennel, Chief Regulatory Division
PO Box 1890
Wilmington, NC 28402-1890
-and-
NC DWR, Webscape Unit
Attn: Paul Wojoski
512 North Salisbury Street
Raleigh, North Carolina 27604
I, the current landowner/managing partner of the property identified below, hereby authorize
C1earWater Environmental Consultants, an EnviroScience company, to act on my behalf as my
agent during the processing of_jurisdictional determination requests and permits to impact Wetlands
and Water of the US subject to Federal jurisdiction under Section 404 of the Clean Water Act and/or
Section 10 of the Rivers and Harbors Act of 1899. CEC is authorized to provide supplemental
information as needed at the request of the USACE or DWR.
Additionally,) authorize representatives of the Wilmington District, US Army Corps of Engineers
to enter upon the property herein described for the purposes of conducting onsite investigations and
issuing a determination associated with Wetlands and Waters of the US subject to Federal
jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors
Act of 1899.
Property Owner of Record: ��i E 6 j L G L.L
Property Owner Address: d —S d � S V r6c L k-1 �_
Pb trt], n)(' 2 � � 6 --
Phone Number: - �1L' �� 0 5-4" Ll
Email address: BEN �� ? F� 1� �,--, 1'A 1 L , Ut-\A �
Property Location: 1 :C Le �'r�i � 1�1� 1 It7 �� r3•N %R i� jG � nS C. d
Owner/Managing partner Signature:
Owner/Managing printed name:
Date: l
I
i
145 7th Avenue West, Suite B
HendersonviIle, NC 29792
Phone: [phone]
www.cwenv.com

Parcel Number
07090005P
Owner
SUN VALLEY
COMMONS
LLC
Mailing Address
C/O THE MOSER GROUP
231 POST OFFICE DR B8
INDIAN TRAIL
NC, 28079
Account Information
5311
07069132E 3111
5347 O
v
07090006D 4151.,
07090005P
0709000611 30
O �r
07069001
005N 0709000603007.E
006Y O 070720116
Land Value $36,600.00
Building Value $0.00 Description
Total Value $36,600.00 Situs Address
Acreage 1.2240 Property Class
Sales Information
Sale Date Sale Amount Book & Page
Location Information
07669003
�3106
� ti4
07069002
#25 SUN VALLEY COMMONS MP3
OPCL513-519 / OPCL581-587
0 OLD MONROE RD
COMMERCIAL
Grantor
Municipal
Indian Trail
12 Mile Service Area
Yes
Administration
County Zoning Code
CITY
School
School Assignment Information
Zoning Administration
Indian Trail
Census Tract Number
203.17
ETJ
FEMA Panel
5407
Fire District
Bakers
FEMA Zone
Soils CmB
Building Information View Real Property Site
Total Living Area 00
Year Build 0
District Voting Assignments (Jurisdictions)
Polling Place INDIAN TRAIL School District 5 Congressional 9
LIBRARY District
Precinct District #14 State House 69 Senate 35
District

Parcel Number
07069132B
Owner
EVOKE AT
INDIAN
TRAIL LLC
Mailing Address
2522 SUFFOLK AVE
HIGH POINT
NC, 27265
Account Information
Land Value
$4,649,700.00
Building Value
$0.00 Description
Total Value
$4,649,700.00 Situs Address
Acreage
28.1800 Property Class
Sales Information
OPCQ270-272
3115 WESLEY CHAPEL STOUTS RD
COMMERCIAL
Sale Date Sale Amount Book & Page Grantor
11/24/2020 $600,000.00 7898 0110 MOSES, TIMOTHY C
Location Information
Munici al
p
Indian Trail
12 Mile Service Area
Yes
Administration
County Zoning Code
CITY
School
School Assignment Information
Zoning Administration
Indian Trail
Census Tract Number
203.17
ETJ
FEMA Panel
5407
Fire District
Bakers
FEMA Zone
Soils CmB,BuB,CnB
Building Information View Real Property Site
Total Living Area 00
Year Build 0
District Voting Assignments (Jurisdictions)
Polling Place INDIAN TRAIL School District 5 Congressional 9
LIBRARY District
Precinct District #14 State House 69 Senate 35
District

oe'�F wATr'
E�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:
❑X Section 404 Permit ❑ Section 10 Permit
1 b. Specify Nationwide Permit (NWP) number: 29 or General Permit (GP) number:
1 c.
Has the NWP or GP number been verified by the Corps?
❑X Yes ❑ No
1d.
Type(s) of approval sought from the DWQ (check all that apply):
X❑ 401 Water Quality Certification — Regular ❑ Non-404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization
1 e.
Is this notification solely for the record
because written approval is not required?
For the record only for DWQ
401 Certification:
❑ Yes ❑X No
For the record only for Corps Permit:
❑ Yes ❑X No
1f.
Is payment into a mitigation bank or in -lieu fee program proposed for
mitigation of impacts? If so, attach the acceptance letter from mitigation bank
or in -lieu fee program.
❑X Yes ❑ No
1g.
Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below.
❑ Yes ❑X No
1 h.
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes ❑X No
2.
Project Information
2a.
Name of project:
Evoke Indian Trail
2b.
County:
Union
2c.
Nearest municipality /town:
Indian Trail
2d.
Subdivision name:
2e.
NCDOT only, T.I.P. or state project no:
3.
Owner Information
3a.
Name(s) on Recorded Deed:
Evoke at Indian Trail LLC
3b.
Deed Book and Page No.
7898 / 0110
3c.
Responsible Party (for LLC if
applicable):
Henry Rebisz
3d.
Street address:
2522 Suffolk Ave
3e.
City, state, zip:
High Point, NC 27265
3f.
Telephone no.:
336-403-2564
3g.
Fax no.:
3h.
Email address:
[e-mail]
Page 1 of 10
PCN Form — Version 1.4 January 2009

4.
Applicant Information (if different from owner)
4a.
Applicant is:
❑X Agent ❑ Other, specify:
4b.
Name:
4c.
Business name
(if applicable):
4d.
Street address:
4e.
City, state, zip:
4f.
Telephone no.:
4g.
Fax no.:
4h.
Email address:
5.
Agent/Consultant Information (if applicable)
5a.
Name:
Eric Romaniszyn
5b.
Business name
(if applicable):
ClearWater Environmental Consultants
5c.
Street address:
145 7th Ave West, Suite B
5d.
City, state, zip:
Hendersonville, NC
5e.
Telephone no.:
828-698-9800
5f.
Fax no.:
5g.
Email address:
[e-mail]
Page 2 of 10

B.
Project Information and Prior Project History
1.
Property Identification
1a.
Property identification no. (tax PIN or parcel ID):
07069132B
1b.
Site coordinates (in decimal degrees):
Latitude: 35.051108 Longitude:-80.64273
1 c.
Property size:
28.18 acres
2.
Surface Waters
2a.
Name of nearest body of water to proposed project:
South Fork Crooked Creek
2b.
Water Quality Classification of nearest receiving water:
C
2c.
River basin:
03040105 Rocky River
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 residential singe family homes and mobile units, mixed hardwood and deciduous forested land, maintained turfgrass lawn, open
water, streams and wetlands. The surrounding land use is similar, and includes a commercial shopping district.
3b.
List the total estimated acreage of all existing wetlands on the property: 1.754
3c.
List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 733
3d. Explain the purpose of the proposed project:
See Attachment A for additional information.
3e. Describe the overall project in detail, including the type of equipment to be used:
See Attachment A for additional information.
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?
0 Yes ❑ No ❑ Unknown
Comments: see Attachment B
4b.
If the Corps made the jurisdictional determination, what type
of determination was made?
❑X Preliminary ❑Final
4c.
If yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company: Clearwater Environmental
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
See Attachment B, two PJDs were issued on 8/14/2019 and 5/8/2020.
5.
Project History
5a.
Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past?
DYes ❑ No ❑ Unknown
5b. If yes, explain in detail according to "help file" instructions.
See Attachment A for additional information
6.
Future Project Plans
6a.
Is this a phased project?
❑ Yes 0 No
6b.
If yes, explain.
Page 3 of 10
PCN Form — Version 1.4 January 2009

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 ❑ 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 T
Land Clearing
Bottomland Hardwood Forest
Yes
Corps
0.21
W2 P
Fill
Headwater Wetland
No
Corps
0.023
W3 P
Fill
Headwater Wetland
No
Corps
0.029
W4 P
Fill
Headwater Wetland
No
Corps
0.014
W5 P
Fill
Headwater Wetland
Yes
Corps
0.027
W6 P
Fill
Headwater Wetland
No
Corps
0.004
2g. Total Wetland Impacts:
0.307
2h. Comments:
The applicant requests 0.21 acres of impacts (W1) for a temporary construction easement for a utility line and 0.097 acres of permanent wetland
impacts; 0.12 acres of impacts to W1 will be in permanently maintained / mowed easement and the remaining 0.09 acres of impacts will be replanted
with appropriate native hardwood trees.
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 T
Stabilization
S1
PER
Corps
4
40
S2
Choose one
S3
Choose one
S4
Choose one
S5
Choose one
S6
Choose one
3h. Total stream and tributary impacts
40
3i. Comments:
Temporary impacts to stream S1 are for a sewer line utility crossing and will be 0.0037 acres. Construction details are in Figure 5a and a working
in -the -dry detail is found in Attachment C.
Page 4 of 10
PCN Form — Version 1.4 January 2009

4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individually list all open water impacts below.
4a.
Open water
impact number
Permanent (P) or
Temporary T
4b.
Name of waterbody
(if applicable)
4c.
Type of impact
4d.
Waterbody
type
4e.
Area of impact (acres)
01
Choose one
Choose
02
Choose one
Choose
03
Choose one
Choose
04
Choose one
Choose
4f. Total open water impacts
4g. Comments:
5. Pond or Lake Construction
If pond or lake construction proposed, the complete the chart below.
5a.
Pond ID number
5b.
Proposed use or
purpose of pond
5c.
Wetland Impacts (acres)
5d.
Stream Impacts (feet)
5e.
Upland
(acres)
Flooded
Filled
Excavated
Flooded
Filled
Excavated
P1
Choose one
P2
Choose one
5f. Total:
5g. Comments:
5h. Is a dam high hazard permit required?
❑ Yes ❑ No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If any impacts require mitigation, then you MUST fill out Section D of this form.
6a. Project is in which protected basin?
❑ Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Randleman ❑ Other:
6b.
Buffer Impact
number—
Permanent (P) or
Temporary T
6c.
Reason for impact
6d.
Stream name
6e.
Buffer
mitigation
required?
6f.
Zone 1
impact
(square
feet)
6g.
Zone 2
impact
(square
feet
131
Yes/No
B2
Yes/No
B3
Yes/No
B4
Yes/No
B5
Yes/No
B6
Yes/No
6h. Total Buffer Impacts:
6i. Comments:
Page 5 of 10

D. Impact Justification and Mitigation
1. Avoidance and Minimization
1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
Impacts for the project are minimal and associated with the placement of fill in wetlands, temporary land clearing in wetlands and a temporary utility
crossing in one stream. The project design avoids permanent impacts to XX acres of wetlands (82% of wetland area on site) and XX linear feet of
stream (95% of stream length on site).
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
All construction equipment would be operated from high ground. Sediment and erosion control measures and best management practices would be
used on -site to avoid unintended impacts to waters on and adjacent to the site. The sewer line crossing on S1 would be done "in the dry" using a coffer
dam and pump around system (see detail in Attachment C).
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for
impacts to Waters of the U.S. or Waters of the State?
0 Yes ❑ No
2b. If yes, mitigation is required by (check all that apply):
❑ DWQ 0 Corps
2c. If yes, which mitigation option will be used for this
project?
❑ Mitigation bank
0 Payment to in -lieu fee program
❑ Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter)
Type: Choose one
Type: Choose one
Type: Choose one
Quantity:
Quantity:
Quantity:
3c. Comments:
4. Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
0 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:
0.217 acres
4f. Non -riparian wetland mitigation requested:
acres
4g. Coastal (tidal) wetland mitigation requested:
acres
4h. Comments: Payment was made to NC DMS on 3/28/2022, see Attachment E.
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Page 6 of 10
PCN Form — Version 1.4 January 2009

6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
Yes 0 No
buffer mitigation?
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
6c.
6d.
6e.
Zone
Reason for impact
Total impact
Multiplier
Required mitigation
(square feet)
(square feet)
Zone 1
3 (2 for Catawba)
Zone 2
1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund).
6h. Comments:
Page 7 of 10

E.
Stormwater Management and Diffuse Flow Plan (required by DWQ)
1.
Diffuse Flow Plan
1 a.
Does the project include or is it adjacent to protected riparian buffers identified
❑ Yes 0 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?
49.4 %
2b.
Does this project require a Stormwater Management Plan?
0 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:
A stormwater management plan will be submitted for review and approval to the Town of Indian Trail. The Town of Indian Trail is a delegated local
authority
for revision and approval of stormwater management plans.
2e.
Who will be responsible for the review of the Stormwater Management Plan?
Indian Trail
3.
Certified Local Government Stormwater Review
3a.
In which localgovernment's jurisdiction is thisproject?
Indian Trail
0 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 0 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

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
El 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.
The project will not result in additional development which could impact nearby downstream water quality. The proposed housing development is
adjacent to an existing commercial corridor in which existing amenities are sufficient to support.
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.
The for the town Indian Trail is by Union County Public Works. The County five treatment
sewage of serviced currently owns and operates wastewater
plants within the County, which is currently termed Water Reclamation Facilities (WRF).The WRF each treat wastewater from specific drainage areas
within the County. The WRF are: Twelve Mile Creek, Crooked Creek, Tallwood Estates, Grassy Branch and Olde Sycamore. Union County currently
has a total of 8.2 million gallons per day (MGD) of wastewater treatment capacity.
Page 9 of 10
PCN Form — Version 1.4 January 2009

5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or
❑X 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?
USFWS IPAC weblink and NHP Natural Heritage Data Explorer. See Attachment D for full report and database reports.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat?
❑ Yes ❑X No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
NOAA's Essential Fish Habitat (EFH) Mapper. Accessed December 20, 2023 at https://www.habitat.noaa.gov/apps/efhmapper/.
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation
❑ Yes ❑X No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
Data were gathered from NCHPO's HPOWEB 2.0 for General Audience; accessed December 20, 2023.The site is not within 2 miles of any Historic
resources on the National Register.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?
❑ Yes ❑X No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination?
NC Floodplain Mapping Program. FEMA Map No. 3710540700J, effective 10/16/2008 (Figure 6).
Eric Romaniszyn
01-17-2024
Applicant/Agent's Printed Name
Date
Applicant/Agent's Signature
(Agent's signature is valid only if an authorization
letter from the applicant is provided.)
Page 10 of 10

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Attachment A
PCN Additional Comments

Evoke at Indian Trail PCN Supplemental Information
Section B.3d. Explain the purpose of the proposed project:
The purpose of the proposed project is to build a residential subdivision with apartments,
associated parking and communal facilities and amenities. This project was previously permitted
by the Corps on May 8, 2020 (SAW# 2019-01147); that permit for NWP 29 expired on March 18,
2022. This request is to reissue that permit. Mitigation for 0.27 acres of wetland impacts have
already been satisfied through NC Division of Mitigation Services (see Attachment E).
Section B.3e. Describe the overall project in detail:
The Evoke at Indian Trail development will cover 28.18 acres and include five residential buildings
with 64 residential units in each building for a total of 320 units. The community will include a
clubhouse amenity with a pool facility and a putting green. A walking trail with a
boardwalk crossing of the existing creek will extend to the commercial center adjacent to the
property. In keeping with the local municipal standards, 15 percent of the net usable area of the
site, 3.69 acres, will be dedicated as a tree save area.
The project development will include the construction of a public street to access future
development to the north and west of the site. Parking for the project is provided in accordance
with the Town of Indian Trail Standards which requires 1.5 spaces for a single bedroom unit, 2.0
spaces for a two bedroom unit, and 2.5 spaces for a three bedroom unit. In addition to the spaces
required by the unit count, guest spaces are required at a rate of one space for every four spaces
required by unit count. A total of 760 parking spaces are required for the blend of units proposed,
and 771 parking spaces are provided.
Site preparation will involve land clearing and placing fill in wetland areas. It will also involve
stream stabilization for a temporary crossing. The total stream impacts would be 0.0037 acres
(40 If) and wetland impacts would be 0.307 acres (see Figure 5). Authorization for these is
requested under a Nationwide Permit 29.
Stream impact S1 and wetland impact W1 will be temporary impacts for sewer line installation.
The stream crossing will be installed "in -the -dry" via open cut and embedded to allow for aquatic
passage; see Figure 5a for construction details and Attachment C for a working in -the dry detail.
At impact W1, the applicant will maintain a 0.12-acre (20-foot) sewer ROW through this forested
wetland, this includes an easement through a portion of the adjacent parcel to tie to an existing
pump station. The maintained ROW will be returned to original grade and planted with native
wetland seed mix (Ernst seed mix ERNMX-132-1 or similar). An additional 0.09 acres in W1 will
need to be temporarily disturbed for construction access; it will be returned to original contours
and planted with appropriate native woody vegetation (sycamore, willow, elderberry), based on
availability, when construction is complete.
The impacts at W2, W3 and W5 are required for construction of parking areas. The W4 impact is
for construction of one of the apartment buildings, and W6 is for the entrance road.
Typical construction equipment will be used during development of the site, including bulldozers,
excavators, backhoes, dump trucks, etc.

Section B.5b Project History
A NWP 29 was issued on 5/8/2020 authorizing the permanent wetland impacts of 0.217 acres
(i.e., 0.097 acres associated with discharge of fill material and 0.12 acres associated with
conversion of a forested wetland), temporary wetland impacts of 0.09 acres, and temporary
stream impacts of 40 linear feet to facilitate the construction of a multi -family residential
subdivision. No construction activity occurred and the permit expired on 3/18/2022. A mitigation
payment was made to NC DMS for 0.27 credits of riparian wetland (see Attachment E).

Attachment B
404 Permit and Jurisdictional Determination

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2019-01147 County: Union U.S.G.S. Quad: NC -Matthews
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Pennittee: Multifamily USA
Scott Bayer
Address: 215 N. Pine Street
Charlotte, NC 28202
Telephone Number: 336-314-6169
E-mail: sbayer(dmultifamilyus.com
Size (acres) 28.18 Nearest Town Monroe
Nearest Waterway South Fork Crooked Creek River Basin Upper Pee Dee
USGS HUC 03040105 Coordinates Latitude: 35.051108
Longitude:-80.642730
Location description: The review area is located on the west/northwest side of Wesley Chapel Stouts Road, approximately 0.4
miles north of the intersection of Wesley Chapel Stout Road and Old Monroe Road. PINS: 07069133, 07069133A, 07069212,
and 07069132A. Reference review area description shown in Pre -Construction Notification package entitled "Figure 1,
Vicinity Map".
Description of projects area and activity: This verification authorizes the permanent wetland impacts of 0.217 acres (i.e., 0.097
acres associated with discharge of till material and 0.12 acres associated with conversion of a forested wetland), temporary
wetland impacts of 0.09 acres, and temporary stream impacts of 40 linear feet to facilitate the construction of a multi -family
residential subdivision. All temporary stream and wetland impacts will be restored to pre-existin6 conditions after the
completion of construction.
Applicable Law(s): X❑ Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: NWP 29. Residential Developments
SEE ATTACHED NWP GENERAL, REGIONAL, AND/OR SPECIAL CONDITIONS
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the enclosed
Conditions, your application signed and dated 4/22/2020, and the enclosed plans Wetland Impacts Sheets A-C dated 4/16/2020.
Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order,
a restoration order, a Class I administrative penalty, and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified, suspended
or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this
verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified
nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the activity would
no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction)
or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed
within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has
been exercised on a case -by -case basis to modify, suspend or revoke the authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Resources (telephone [phone]) to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior
to beginning work you must contact the N.C. Division of Coastal Management Morehead City, NC, at [phone].
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State
or local approvals/permits.

If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program,
please contact Bryan Roden -Reynolds at 704-510-1440or bryan.roden-reynolds(&,,usace.army.mil.
Corps Regulatory Official: RODEN REYNOLDS.BRYAN.KENNETH.1263385574
Expiration Date of Verification: 03/18/2022
Digit.ly,,,n dby R-N RlYNOLDS BRYAN KENN E I H 12653R 4
D ate: 2020 05 4812 49:26-04'00'
Date: 5/8/2020
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete the Customer Satisfaction Survey located at
http://coi-psmapu.usace.army.mil/cm apex/Pp=136:4: 0
Copy furnished:
Agent:
Clearwater Environmental Consultants, Inc.
Alea Tuttle
Address:
31 Clayton Street
Asheville, NC 28801
Telephone Number:
828-698-9800
E-mail:
alea(acwenv.com

SAW-2019-01147
SPECIAL CONDITIONS
a. In order to compensate for impacts associated with this permit, mitigation shall be provided in accordance
with the provisions outlined on the most recent version of the attached Compensatory Mitigation Responsibility
Transfer Form. The requirements of this form, including any special conditions listed on this form, are hereby
incorporated as special conditions of this permit authorization.
b. Please be advised that if additional impacts to waters of the U.S., either on this property or on/adjacent to this
property and associated with this project/activity, are proposed at a later date, those impacts will be combined
with the current impacts to waters of the U.S. and will be reviewed cumulatively. Generally, compensatory
mitigation will be required if individual or cumulative (i.e., past and present) losses or degradation of waters of
the U.S., are greater than 150 linear feet of perennial or intermittent stream channel and/or 0.1 acre of wetland.
Additionally, cumulative impacts that result in the loss or degradation of greater than 300 linear feet of
perennial or intermittent stream channel and/or 0.5 acre of wetland, will be processed under an Individual
Permit. This verification of the use of the Nationwide Permit Program for this project does not imply that this
office will necessarily approve any future proposal to impact waters of the U.S. on this property and/or
associated with this project/activity.

Action ID Number: SAW-2019-01147 County: Union
Permittee: Multifamily USA, Scott Bayer
Project Name: Evoke Indian Trail
Date Verification Issued: 5/8/2020
Project Manager: Bryan Roden -Reynolds
Upon completion of the activity authorized by this permit and any mitigation required by the permit,
sign this certification and return it to the following address:
US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Attn: Bryan Roden -Reynolds
Charlotte Regulatory Office
U.S Army Corps of Engineers
8430 University Executive Park Drive, Suite 615
Charlotte, North Carolina 28262
or
[e-mail]
Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. Failure to comply with any terms or conditions of this authorization may
result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I
administrative penalty, or initiating other appropriate legal action.
I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and condition of the said permit, and required mitigation was completed in
accordance with the permit conditions.
Signature of Permittee
Date

SAW-2019-01147
MEMORANDUM FOR RECORD
SUBJECT: Department of the Army Memorandum Documenting General Permit Verification
1.0 Introduction and overview: Information about the proposal subject to one or more of the
Corps regulatory authorities is provided in Section 1, detailed evaluation of the activity is found
in Sections 2 through 4 and findings are documented in Section 5 of this memorandum.
Further, summary information about the activity including administrative history of actions
taken during project evaluation is attached (ORM2 summary).
1.1 Applicant name: Multifamily USA, Scott Bayer
1.2 Activity location: Latitude: 35.051108 Longitude:-80.642730 Location description: The review
area is located on the west/northwest side of Wesley Chapel Stouts Road;
approximately 0.4 miles north of the intersection of Wesley Chapel Stout Road and Old
Monroe Road. PINs: 07069133, 07069133A, 07069212, and 07069132A. Reference review
area description shown in Pre -Construction Notification package entitled "Figure 1,
Vicinity Map".
1.3 Description of activity requiring verification:This verification would authorize the permanent
wetland impacts of 0.217 acres (i.e., 0.097 acres associated with discharge of fill
material and 0.12 acres associated with conversion of a forested wetland), temporary
wetland impacts of 0.09 acres, and temporary stream impacts of 40 linear feet to
facilitate the construction of a multi -family residential subdivision. All temporary stream
and wetland impacts will be restored to pre-existing conditions after the completion of
construction.
1.4 Is this an After -the -Fact verification? No.
1.5 Date PCN determined complete for processing: 4/22/2020
1.6 Jurisdiction Determination completed? A Preliminary JD was completed on 5/8/2020.
1.7 Permit authority: Section 404 of the Clean Water Act (33 USC 1344)
1.8 Applicable Permit: NWP 29. Residential Developments
1.9 Activity requires written waiver of NWP limits? No.
1.10 Activity requires a waiver from the requirements of a regional condition(s)? No.
2.0 Evaluation of the Pre -Construction Notification
2.1 Direct and indirect effects caused by the GP activity: The direct effects of the proposed
activity in waters would include the loss of jurisdictional waters (as specified in Section
1.3) and their associated aquatic resource functions. The proposed activity also has the
potential to result in indirect effects to waters including excess sedimentation in
downstream waters, disruption and/or killing of aquatic life in the direct vicinity of the
project area, increase of downstream flows, and blocking/restricting aquatic life
passage transiting in and through the project area. These indirect effects are expected

SAW-2019-01147
to be minimal due to design criteria and Best Management Practices (BMPs) required by
Nationwide Permit General and Regional Conditions. Additionally, indirect effects would
be further reduced through the implementation of BMPs required by state, local, and
Federal ordinances and regulations.
2.2 Site specific factors: The review area consists of residential single-family homes and
mobile units, mixed hardwoods and deciduous forested land, maintained turfgrass
lawn, open water, streams, and wetlands. The surrounding land use is similar and
commercial shopping district.
2.3 Coordination
2.3.1 Was the PCN coordinated with other agencies? No.
Agency coordination is not required and was not conducted for the proposed project.
2.3.2 Was the PCN coordinated with other Corps offices? No.
2.4 Mitigation
2.4.1 Provide brief description of how the activity has been designed on -site to avoid and minimize
adverse effects, both temporary and permanent, to waters of the United States to the
maximum extent practicable at the project site:The applicant provided a detailed statement
describing their efforts to avoid and minimized impacts to waters of the United States
on the project site in the preconstruction notification. Based on this information, the
Corps believes the applicant has avoid and minimized impacts to waters of the United
State to the maximum extent practicable.
2.4.2 Is compensatory mitigation required for unavoidable impacts to jurisdictional aquatic resources
to reduce the individual and cumulative adverse environmental effects to a minimal level?
Yes.
Provide rationale: Compensatory mitigation is required to ensure minimal adverse
environmental effects. Compensatory mitigation is required to ensure minimal adverse
environmental effects. The loss of wetlands associated with the activity is greater than
0.10 acre.
2.4.3 Type and location of compensatory mitigation
Is the impact in the service area of an approved mitigation bank? Yes.
If yes, does the mitigation bank have appropriate number and resource type of credits
available? No.
Is the impact in the service area of an approved in -lieu fee program? Yes.
If yes, does the in -lieu fee program have the appropriate number and resource type of credits
available? Yes.
Selected compensatory mitigation type/location(s): See Table 1

SAW-2019-01147
Table 1: Mitigation Type and Location
Mitigation bank credits
In -lieu fee program credits
x
Perm ittee-responsible mitigation under a watershed approach
Perm ittee-res onsible mitigation, on -site and in -kind
Perm ittee-responsible mitigation, off -site and/or out of kind
Does the selected compensatory mitigation option deviate from the order of the options
presented in §332.3(b)(2)-(6)? N/A.
If yes, provide the rationale for the deviation, including the likelihood for ecological success
and sustainability, location of the compensation site relative to the impact site and their
significance within the watershed, and/or the costs of the compensatory mitigation project (see
33 CFR §332.3(a)(1)):
2.4.4 Amount of compensatory mitigation: 0.27 acres of wetland credits
Rationale for required compensatory mitigation amount: This amount of compensatory
mitigation is necessary to replace the permanent loss of WOUS and temporal loss at the
mitigation site. Compensatory mitigation for permanent impacts to 0.097 acres of
wetlands would be required at a ratios of 1.5:1 to 1.75:1. These ratios are appropriate
because the North Carolina Wetland Methodology Assessment was conducted for all
impacted wetlands. Wetlands W1, W2, W4, W5, and W6 were rated low quality and
Wetland W7 was rated medium quality. In addition, compensatory mitigation for wetland
conversion impacts of 0.12 acres would be required at a ratio of 1:1.
3.0 Compliance with Other Laws, Policies and Requirements
3.1 Section 7(a)(2) of the Endangered Species Act (ESA)
3.1.1 ESA action area: The action area includes the waters of the United States that will be
directly affected by the proposed work or structures and uplands directly affected as a
result of authorizing the work or structures.
3.1.2 Has another federal agency taken steps to document compliance with Section 7 of the ESA
and completed consultation(s) as required? No.
Click here to enter text.
3.1.3 Known species/critical habitat present? No. The Corps has determined that it has
fulfilled its responsibilities under Section 7(a)(2) of the ESA.
IPAC Species in Union County:
Name: Carolina heelsplitter (Lasmigona decorata) Status: Endangered
Name: Michaux's sumac (Rhus michauxii) Status: Endangered
Name: Schweinitz's sunflower (Helianthus schweinitzii) Status: Endangered
Effect determination(s), including no effect, for all known species/habitat, and basis for
determination(s): Based on the latest version of the Natural Heritage Program's NHEO
data, there are listed species located within or in the vicinity of the action area and this
activity is one that would not affect those listed species. The Corps has determined the
proposed activity will not directly or indirectly affect any species subject to the ESA.

SAW-2019-01147
3.1.4 Consultation with either the National Marine Fisheries Service and/or the U.S. Fish and Wildlife
Service was initiated and completed as required, for any determinations other than "no effect"
(see the attached "Summary" sheet for begin date, end date and closure method of the
consultation). Based on a review of the information above, the Corps has determined that it
has fulfilled its responsibilities under Section 7(a)(2) of the ESA.
3.2 Magnuson -Stevens Fishery Conservation and Management Act, Essential Fish Habitat
(EFH) The NWPs/RGPs were coordinated with the NMFS during the permit renewal
process. NMFS coordination/EFH consultation is required if the activity affects SAV.
This activity does not affect SAV. Therefore, NMFS coordination/EFH consultation has
been completed.
3.2.1 Has another federal agency taken steps to comply with EFH provisions of Magnuson -Stevens
Act? No.
3.2.2 Did the proposed project require review under the Magnuson -Stevens Act? No.
3.3 Section 106 of the National Historic Preservation Act (Section 106)
3.3.1 Section 106 permit area -The permit area includes those areas comprising waters of the United
States that will be directly affected by the proposed work or structures, as well as activities
outside of waters of the U.S. because all three tests identified in 33 CFR 325, Appendix
C(g)(1) have been met.
Final description of the permit area: All three test have been met and portions of the larger
project undertaken outside of waters of the U.S. are in the permit area. Activities
undertaken outside WOUS are included in the permit area because those activities are
directly associated and integrally related with the authorized work and those activities
would not occur but for the authorization of the work within the WOUS.
3.3.2 Has another federal agency taken steps to comply with Section 106 of the National Historic
Preservation Act and completed consultation(s) as required? No.
3.3.3 Known cultural resource sites present and/or survey or other additional information
needed? No. Based on the NCDCR "HPOWEB" service, aerial photographs, and a site
visit, there are no known historic properties located in the permit area or in close
proximity to the permit area.
Effect determination and basis for that determination: The Corps has determined the
proposed activity has no potential to cause effects to properties listed or eligible for
listing in the National Register of Historic Places, because the project is located in areas
that have been extensively modified.
3.3.4 Consultation was initiated and completed as required with the appropriate agencies, tribes
and/or other parties for any determinations other than "no potential to cause effects" (see the
attached "Summary" sheet for consultation type, begin date, end date and closure method of
the consultation). The Corps has determined that it has fulfilled its responsibilities under
Section 106 of the NHPA.
3.4 Tribal Trust Responsibilities

SAW-2019-01147
3.4.1 Was government -to -government consultation conducted with Federally -recognized Tribe(s)?
No. There are no known tribal interests in the project area.
Provide a description of any consultation(s) conducted including results and how concerns
about significant effects to protected tribal resources, tribal rights and/or Indian lands were
addressed. The Corps has determined that it has fulfilled its tribal trust responsibilities.
3.4.2 Other Tribal including any discussion of Tribal Treaty rights? Select Yes or No.
3.5 Section 401 of the Clean Water Act — Water Quality Certification (WQC)
3.5.1 Is a Section 401 WQC required, and if so, has the certification been issued or waived? A
general WQC has been issued for this permit.
3.6 Coastal Zone Management Act (CZMA)
3.6.1 Is a CZMA consistency concurrence required, and if so, has the concurrence been issued,
waived or presumed? N/A, a CZMA consistency concurrence is not required.
3.7 Wild and Scenic Rivers Act
3.7.1 Is the projectlocated in a component of the National Wild and Scenic River System, or in a
river officially designated by Congress as a "study river" for possible inclusion in the system?
No. According to http://www.rivers.gov, the proposed project area is not within a
designated or study river.
3.8 Effects on Corps Civil Works Projects (33 USC 408)
3.8.1 Does the applicant also require permission under Section 14 of the Rivers and Harbors Act (33
USC 408) because the activity, in whole or in part, would alter, occupy, or use a Corps Civil
Works project? No, there are no Corps Civil Works project(s) in or near the vicinity of the
proposal.
4.0 Special Conditions
4.1 Are special conditions required to ensure minimal effects, protect the public interest and/or
ensure compliance of the activity with any of the laws above? Yes.
4.2 Required special condition(s)
Special condition:
a. In order to compensate for impacts associated with this permit, mitigation shall be provided
in accordance with the provisions outlined on the most recent version of the attached
Compensatory Mitigation Responsibility Transfer Form. The requirements of this form,
including any special conditions listed on this form, are hereby incorporated as special
conditions of this permit authorization.
b. Please be advised that if additional impacts to waters of the U.S., either on this property or
on/adjacent to this property and associated with this project/activity, are proposed at a later
date, those impacts will be combined with the current impacts to waters of the U.S. and will
be reviewed cumulatively. Generally, compensatory mitigation will be required if individual

SAW-2019-01147
or cumulative (i.e., past and present) losses or degradation of waters of the U.S., are
greater than 150 linear feet of perennial or intermittent stream channel and/or 0.1 acre of
wetland. Additionally, cumulative impacts that result in the loss or degradation of greater
than 300 linear feet of perennial or intermittent stream channel and/or 0.5 acre of wetland,
will be processed under an Individual Permit. This verification of the use of the Nationwide
Permit Program for this project does not imply that this office will necessarily approve any
future proposal to impact waters of the U.S. on this property and/or associated with this
project/activity.
Rationale:See Section 2.4.2.
5.0 Determination
5.1 Waiver request conclusion, if required or select N/A: N/A.
5.2 The activity, with the required mitigation, will result in no more than minimal individual and
cumulative adverse effects on the aquatic environment and will not be contrary to the public
interest, provided the permittee complies with the special conditions identified above.
5.3 This activity, as described, complies with all terms and conditions of the permit identified in
Section 1.5.
PREPARED BY:
RODEN Digitally signed by RODEN
REYNOLDS.BRYAN.KENNE REYNOLDS.BRYAN.KENNETH.1263
385574
THI263385574 Date: 2020.05.0812:49:02-04'00'
Bryan Roden -Reynolds
Date: 5/8/2020

Compensatory Mitigation Responsibility Transfer Form
Permittee: Multifamily USA, Scott Bayer Action ID: SAW-2019-01147
Project Name: Evoke Indian Trail County: Union
Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved
Mitigation Bank or the North Carolina Division of Mitigation Services (NCDMS), who will then sign the form to verify the
transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Permittee's responsibility to ensure
that to the U.S. Army Corps of Engineers (USACE) Project Manager identified on page two is in receipt of a signed copy of this
form before conducting authorized impacts, unless otherwise specified below. If more than one mitigation Sponsor will be
used to provide the mitigation associated with the permit, or if the impacts and/or the mitigation will occur in more than one
S-digit Hydrologic Unit Code (HUC), multiple forms will be attached to the permit, and the separate forms for each Sponsor
and/or HUC must be provided to the appropriate mitigation Sponsors.
Instructions to Sponsor: The Sponsor must verify that the mitigation requirements (credits) shown below are available at the
identified site. By signing below, the Sponsor is accepting full responsibility for the identified mitigation, regardless of
whether or not they have received payment from the Permittee. Once the form is signed, the Sponsor must update the bank
ledger and provide a copy of the signed form and the updated bank ledger to the Permittee, the USACE Project Manager, and
the Wilmington District Mitigation Office (see contact information on page 2). The Sponsor must also comply with all
reporting requirements established in their authorizing instrument.
Permitted Impacts and Compensatory Mitigation Requirements:
Permitted Impacts Requiring Mitigation* 8-digit HUC and Basin: 03040105, Yadkin River Basin
Stream Impacts (linear feet)
Wetland Impacts (acres)
Warm
Cool
Cold
Riparian Riverine
Riparian Non-Riverine
Non -Riparian
Coastal
0.217
*If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor.
Compensatory Mitigation Requirements: 8-digit HUC and Basin: 03040105, Yadkin River Basin
Stream Mitigation (credits)
Wetland Mitigation (credits)
Warm
Cool
Cold
Riparian Riverine
Riparian Non-Riverine
Non -Riparian
Coastal
0.27
Mitigation Site Debited:
(List the name of the bank to be debited. For umbrella banks, also list the specific site. For NCDMS, list NCDMS. If the NCDMS
acceptance letter identifies a specific site, also list the specific site to be debited).
Section to be completed by the Mitigation Sponsor
Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation
transactions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for
providing the mitigation identified in this document (see the table above), associated with the USACE Permittee and Action
ID number shown. I also verify that released credits (and/or advance credits for NCDMS), as approved by the USACE, are
currently available at the mitigation site identified above. Further, I understand that if the Sponsor fails to provide the
required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to
ensure compliance associated with the mitigation requirements.
Mitigation Sponsor Name:
Name of Sponsor's Authorized Representative:
Signature of Sponsor's Authorized Representative Date of Signature

Conditions for Transfer of Compensatory Mitigation Credit:
• Once this document has been signed by the Mitigation Sponsor and the USACE is in receipt of the signed form, the
Permittee is no longer responsible for providing the mitigation identified in this form, though the Permittee remains
responsible for any other mitigation requirements stated in the permit conditions.
• Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only after
the USACE is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has accepted
responsibility for providing the mitigation requirements listed herein. For authorized impacts conducted by the North
Carolina Department of Transportation (NCDOT), construction within jurisdictional areas may proceed upon permit
issuance; however, a copy of this form signed by the Sponsor must be provided to the USACE within 30 days of permit
issuance. NCDOT remains fully responsible for the mitigation until the USACE has received this form, confirming that the
Sponsor has accepted responsibility for providing the mitigation requirements listed herein.
• Signed copies of this document must be retained by the Permittee, Mitigation Sponsor, and in the USACE administrative
records for both the permit and the Bank/ILF Instrument. It is the Permittee's responsibility to ensure that the USACE
Project Manager (address below) is provided with a signed copy of this form.
• If changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to
the USACE, the Sponsor must obtain case -by -case approval from the USACE Project Manager and/or North Carolina
Interagency Review Team (NCIRT). If approved, higher mitigation ratios may be applied, as per current District guidance
and a new version of this form must be completed and included in the USACE administrative records for both the permit
and the Bank/ILF Instrument.
Comments/Additional Conditions: A letter from NCDMS, confirming they are willing and able to accept the applicant's
compensatory mitigation responsibility, dated 4/21/2020 was included with the preconstruction notification.
This form is not valid unless signed below by the USACE Project Manager and by the Mitigation Sponsor on Page 1. Once
signed, the Sponsor should provide copies of this form along with an updated bank ledger to:1) the Permittee, 2) the USACE
Project Manager at the address below, and 3) the Wilmington District Mitigation Office, Attn: Todd Tugwell, 11405 Falls
of Neuse Road, Wake Forest, NC27587 (email: [e-mail]). Questions regarding this form or any of the
permit conditions may be directed to the USACE Project Manager below.
USACE Project Manager: Bryan Roden -Reynolds
USACE Field Office: Charlotte Regulatory Office
US Army Corps of Engineers
8430 University Executive Park Drive, Suite 615
Charlotte, North Carolina 28262
Email: bryan.rode [e-mail]
RODEN Digitally signed by RODEN
REYNOLDS.BRYAN.KENNETH.1263 REYNOLDS.BRYAN.KENNETH.1263385574
385574 Date: 2020.05.08 12:48:40-04'00'
USACE Project Manager Signature
5/8/2020
Date of Signature
Current Wilmington District mitigation guidance, including information on mitigation ratios, functional assessments, and
mitigation bank location and availability, and credit classifications (including stream temperature and wetland groupings) is
available at http://ribits.usace.army.mil

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Determination of Jurisdiction:
A. ® There are waters, including wetlands on the above described project area 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). 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. Please note, if work is authorized by either a general or nationwide permit, and you wish to request an appeal of an
approved JD, the appeal must be received by the Corps and the appeal process concluded prior to the conunencement of any work
in waters of the United States and prior to any work that could alter the hydrology of waters of the United States.
B. ❑ There are Navigable Waters of the United States within the above described project area 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 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.
C. ❑ There are waters, including wetlands within the above described project area that are 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.
D. ❑ The jurisdictional areas within the above described project area have been identified under a previous action. Please reference
jurisdictional determination issued DATE. Action ID: FILE NUMBER.
Basis For Determination: See the preliminary iurisdictional determination form dated 5/8/2020.
Remarks: None.
E. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular- site
identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security
Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request
a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work.
F. Appeals Information (This information applies only to approved jurisdiction determinations as indicated in B and C
above).
This correspondence constitutes an approved jurisdiction determination for the above described site. If you object to this
determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a
Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you
must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Phillip Shannin, Review Officer
60 Forsyth Street SW, Room 1OM15
Atlanta, Georgia 30303-8801
Phone: [phone]
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal
under- 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you
decide to submit an RFA form, it must be received at the above address by Not applicable.
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.**
Corps Regulatory Official:
RODENREYNOLDS.BRYAN.KENNETH.1263385574DIyrcauy,ig-dbyRODENREYNOLDSBRYANKENNETH1263395574
Date: 20MOSM 1248,16-0404'
Bryan Roden -Reynolds
Date of JD: 5/8/2020
Expiration Date of JD: Not applicable

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: Multifamily USA, Scott Bayer File Number: SAW-2019-01147 Date: 5/8/2020
Attached is:
See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission)
A
PROFFERED PERMIT (Standard Permit or Letter of permission)
B
PERMIT DENIAL
C
APPROVED JURISDICTIONAL DETERMINATION
D
❑X
PRELIMINARY JURISDICTIONAL DETERMINATION
E
SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional information may be found at or http://www.usace.army.mi]/Missions/CivilWorks/Re�ZulatorVProaraniandPerniits.asl)x
or the Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request
that the permit be modified accordingly. You must complete Section II of this form and return the form to the district
engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will
forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your
objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your
objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After
evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in
Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein,
you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of
this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days
of the date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new
information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the
date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers
Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form
must be received by the division engineer within 60 days of the date of this notice.

E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the
preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed),
by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the
Corps to reevaluate the JD.
SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial
proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or
objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the
record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to
clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record.
However, you may provide additional information to clarify the location of information that is already in the administrative
record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision and/or the
If you only have questions regarding the appeal process you may
appeal process you may contact:
also contact:
District Engineer, Wilmington Regulatory Division
Mr. Phillip Shannin, Administrative Appeal Review Officer
Attn: Bryan Roden -Reynolds
CESAD-PDO
Charlotte Regulatory Office
U.S. Army Corps of Engineers, South Atlantic Division
U.S Army Corps of Engineers
60 Forsyth Street, Room 10M15
8430 University Executive Park Drive, Suite 615
Atlanta, Georgia 30303-8801
Charlotte, North Carolina 28262
Phone: [phone]
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day
notice of any site investigation, and will have the opportuni to participate in all site investi ations.
Date:
Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: Bryan Roden -Reynolds, 69 Darlington Avenue, Wilmington, North
Carolina 28403
For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Phillip Shannin, Administrative
Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8801
Phone: [phone]

PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD: 5/8/2020
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Multifamily USA, Scott Bayer, 215 N. Pine
Street, Charlotte, NC 28202
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Evoke Indian Trail, SAW-
2019-01147
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The review area is located on the
west/northwest side of Wesley Chapel Stouts Road; approximately 0.4 miles north of the intersection of
Wesley Chapel Stout Road and Old Monroe Road. PINS: 07069133, 07069133A, 07069212, and 07069132A.
Reference review area description shown in Pre -Construction Notification package entitled "Figure 1,
Vicinity Map".
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES
AND/OR AQUATIC RESOURCES AT DIFFERENT SITES)
State: NC County: Union City: Monroe
Center coordinates of site (lat/long in degree decimal format): Latitude: 35.051108 Longitude:-80.642730
Universal Transverse Mercator:
Name of nearest waterbody: South Fork Crooked
Creek
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
®Office (Desk) Determination. Date: 04/22/2020
❑ Field Determination. Date(s):
TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAY BE" SUBJECT TO
REGULATORY JURISDICTION
Feature
Latitude
Longitude
Estimated
Type of aquatic
Geographic authority to
(decimal
(decimal
amount of
resources (i.e.,
which the aquatic
degrees)
degrees)
aquatic
wetland vs.
resource "may be"
resources in
non -wetland
subject (i.e., Section 404
review area
waters)
or Section 10/404)
(acreage and
linear feet, if
applicable
SEE ATTACHED TABLE
1. The Corps of Engineers believes that there may be jurisdictional aquatic resources in the
review area, and the requestor of this PJD is hereby advised of his or her option to request
and obtain an approved JD (AJD) for that review area based on an informed decision after
having discussed the various types of JDs and their characteristics and circumstances when
they may be appropriate.
2. In any circumstance where a permit applicant obtains an individual permit, or a Nationwide
General Permit (NWP) or other general permit verification requiring "pre- construction
notification" (PCN), or requests verification for a non -reporting NWP or other general
permit, and the permit applicant has not requested an AJD for the activity, the permit

applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit
authorization based on a PJD, which does not make an official determination of
jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before
accepting the terms and conditions of the permit authorization, and that basing a permit
authorization on an AJD could possibly result in less compensatory mitigation being
required or different special conditions; (3) the applicant has the right to request an
individual permit rather than accepting the terms and conditions of the NWP or other
general permit authorization; (4) the applicant can accept a permit authorization and
thereby agree to comply with all the terms and conditions of that permit, including
whatever mitigation requirements the Corps has determined to be necessary; (5)
undertaking any activity in reliance upon the subject permit authorization without
requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (6)
accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking
any activity in reliance on any form of Corps permit authorization based on a PJD
constitutes agreement that all aquatic resources in the review area affected in any way by
that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction
in any administrative or judicial compliance or enforcement action, or in any administrative
appeal or in any Federal court; and (7) whether the applicant elects to use either an AJD or
a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered
individual permit (and all terms and conditions contained therein), or individual permit
denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an
administrative appeal, it becomes appropriate to make an official determination whether
geographic jurisdiction exists over aquatic resources in the review area, or to provide an
official delineation of jurisdictional aquatic resources in the review area, the Corps will
provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that
there "may be" waters of the U.S. and/or that there "may be" navigable waters of the U.S.
on the subject review area, and identifies all aquatic features in the review area that could
be affected by the proposed activity, based on the following information:

SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items are included in the administrative
record and are appropriately cited:
❑X Maps, plans, plots or plat submitted by or on behalf of the PJD requester:
Map: Figures 1-5
OData sheets prepared/submitted by or on behalf of the PJD requester. Datasheets:
© Office concurs with data sheets/delineation report.
❑ Office does not concur with data sheets/delineation report. Rationale:
❑ Data sheets prepared by the Corps:
❑Corps navigable waters' study:
❑U.S. Geological Survey Hydrologic Atlas:
❑USGS NHD data:
❑USGS 8 and 12 digit HUC maps:
0 U.S. Geological Survey map(s). Cite scale & quad name: Figure 2, USGS Topographic Map (1:24,000
Matthews, NO
ONatural Resources Conservation Service Soil Survey. Citation: Figure 4, USDA Soils Map (Web Soil Survey of
Union County)
❑ National wetlands inventory map(s). Cite name:
❑ State/local wetland inventory map(s):
❑ FEMA/FIRM maps:
❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 4929)
❑X Photographs: ❑X Aerial (Name & Date): Figure 1, Vicinity Map, Figure 3, Aerial Photograph, and Figure 5,
Delineation Map (Undated)
or ❑ Other (Name & Date):
❑Previous determination(s). File no. and date of response letter:
❑ Other information (please specify):
IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps
and should not be relied upon for later jurisdictional determinations.
RODEN Digitally signed by RODEN
REYNOLDS.BRYAN.KENN REYNOLDS.BRYAN.KENNETH.126
3385574
ETH.1263385574 Date: 2020.05.08 12:47:50-04'00'
Signature and date of Regulatory
staff member completing PJD
5/8/2020
Signature and date of person requesting PJD
(REQUIRED, unless obtaining the signature is
impracticable)'
i Districts may establish timeframes for requester to return signed PJD forms. If the requester does not respond within the established
time dame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action.

TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY
JURISDICTION
Site
number
Latitude
(decimal
degrees)
Longitude
(decimal
degrees)
Estimated amount
of aquatic resource
in review area
(acreage and linear
feet, if applicable)
Type of aquatic
resource (i.e., wetland
vs. non -wetland
waters)
Geographic authority
to which the aquatic
resource "may be"
subject (i.e., Section
404 or Section 10/404)
W1
35.05110
-80.64290
1.54
wetland
Section 404
W2
35.05120
-80.64260
0.004
wetland
Section 404
W3
35.05220
-80.64480
0.05
wetland
Section 404
W4
32.05280
-80.64320
0.023
wetland
Section 404
W5
35.05470
-80.64S10
0.014
wetland
Section 404
W6
35.05288
-80.64347
0.029
wetland
Section 404
W7
35.05516
-80.64530
0.045
wetland
Section 404
W8
35.05567
-80.64S32
0.049
wetland
Section 404
S1
35.05090
-80.64280
351
non -wetland
Section 404
S2
35.05190
-80.64449
382
non -wetland
Section 404
OW1
35.05547
i -80.64S37
0.216
non -wetland
Section 404

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Site Wineated on June 17, 2019,
Feb 1 a 2020 and Arch 11, 2020
Fi eure 5

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
Mr. Scott Bayer
Multifamily USP
215 N. Pine St.
Charlotte, NC 28202
NORTH CAROLINA
Environmental Quality
June 17, 2020
DWR# 20-0548
Union County
Subject: APPROVAL of 401 Water Quality Certification with Additional Conditions
Evoke, Indian Trail
Dear Mr. Bayer:
You have our approval, in accordance with the General Certification and those
conditions listed below, for the purpose proposed in your application dated May 4, 2020, and
received by the Division of Water Resources (the Division) on May 7, 2020, and subsequent
information on June 4, 2020. After reviewing your application, we have determined that this
project is covered by Water Quality General Certification Number 4139 which can be viewed on
our web site at https:Hdeg.nc.gov/about/divisions/water-resources/water-resources-
Permits/wastewater-branch/401-wetlands-buffer-permits/401-401-isolated-wetlands-waters-
program The General Certification allows you to use Nationwide Permit Number 29 once it is
issued to you by the U.S. Army Corps of Engineers (COE). Please note that you should get any
other federal, state or local permits before proceeding with your project, including those required
by (but not limited to) Sediment and Erosion Control, Non -Discharge, and Water Supply
Watershed regulations.
The above noted Certification will expire when the associated 404 permit expires unless
otherwise specified in the General Certification. It is advised that all conditions of the
Certification are reviewed prior to initiation of the project. In addition to the requirements of the
Certification, you must also comply with the following conditions:
This approval is only valid for the purpose and design that you described in your
application. If you change your project, you must notify us in writing, and you may be
required to send us a new application for a new Certification. If total wetland fills for this
project (now or in the future) exceed one acre, or of total impacts to streams (now or in
the future) exceed 300 linear feet, compensatory mitigation may be required. If the
property is sold, the new owner must be given a copy of the Certification and approval
letter; and is thereby responsible for complying with all conditions. 15A NCAC
02H .0506 and 15A NCAC 02H .0507
2. The Mooresville Regional Office shall be notified in writing once construction at the
approved impact areas has commenced. 15A NCAC 02H .0502 (e)
D EQ��
North Carolina Department of Environmental Quality I Division of Water Resources
Mooresville Regional Office 1 610 East Center Avenue, Suite 301 I Mooresville, North Carolina 28115
:Gg rH CTvr„ wn
n��n,�a�i m env�.unmemai o�:uN 704,663.1699

3. Approved Impacts:
Type of Impact
Amount Approved
Temporary Impact
Amount Approved
Permanent Impact
Stream
40 linear ft.
0 linear ft.
Wetland (BLHW)
0 acre
0.37 acre
4. The sewer line through the wetland shall be returned to the original elevation to maintain
wetland hydrologic connectivity and flow. The wetland shall be avoided if at time of
construction and design, another sewer connection becomes available and can reasonably
accessed.
5. Diversion Ditches and other storm water conveyances as related to the sediment and
erosion control measures shall be matted and/or stabilized to reduce sediment loss and
turbidity. This includes interior/exterior slopes of sediment basins. 15A NCAC 02H .0506
(b)(3) and (c)(3)
6. Bare/fill slopes in excess of 10 feet in height and within 30 feet of surface waters shall be
matted. 15A NCAC 02H .0506 (b)(3) and (c)(3)
7. Water Quality/Stormwater: Please provide documentation showing that water quality
from the development will not be impaired. A storm water management plan in lieu of
such documentation is acceptable if approved by a delegated or state authority. 15A
NCAC 2H .1000
8. Use of native vegetation and other soft stream bank stabilization techniques is
recommended where practicable instead of riprap or other bank hardening methods. If
riprap is necessary, it shall not be placed in the streambed, unless approved by DWR
9. During the construction of the project, no staging of equipment of any kind is permitted in
waters of the U.S., or protected riparian buffers. 15A NCAC 02H .0506(b)(3)
10. No rock, sand or other materials shall be dredged from the stream channel except where
authorized by this Certification. 15A NCAC 02H.0506(b)(3)
11. The permittee shall report to the Mooresville Regional Office any noncompliance with
this certification, any violation of stream or wetland standards [including but not limited to
sediment impacts, and any violation of state regulated riparian buffer rules. Information
shall be provided orally within 24 hours (or the next business day if a weekend or
holiday) from the time the applicant became aware of the circumstances. A written
submission shall also be provided within 5 business days of the time the applicant
becomes aware of the circumstances. The written submission shall contain a description
of the noncompliance, and its causes; the period of noncompliance, including exact
dates and times, if the noncompliance has not been corrected, the anticipated time
compliance is expected to continue; and steps taken or planned to reduce, eliminate,
and prevent reoccurrence of the noncompliance. The Division may waive the written
submission requirement on a case -by -case basis. 15A NCAC 02B .0200
12. The Permittee shall ensure that the final design drawings adhere to the permit and to the
permit drawings submitted for approval. 15A NCAC 02H .0507 (c) and 15A NCAC
02H .0506 (b)(2) and (c)(2)

13. Upon completion of the project, the applicant shall complete and return a "Certificate of
Completion" form to the 401/Wetlands Branch of the Division using the following link:
https:Hedocs.deq.nc.gov/Forms/Certificate-of-Completion. 15A NCAC 02H .0507(c)
This Certification can be contested as provided in Articles 3 and 4 of the General
Statute 150B by filing a written petition for an administrative hearing to the Office of the
Administrative Hearings (hereby known as OAH). A petition form may be obtained from the
OAH at http://www.ncoah.com/or by calling the OAH Clerk's Office at [phone].
Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the
OAH. A petition is considered filed when the original and one (1) copy along with any applicable
OAH filing fee is received in the OAH during normal office hours (Monday through Friday, 8:00
am to 5:00 pm, excluding state holidays).
The petitions may be faxed to the OAH at [phone], provided the original and one
(1) copy of the petition along with any applicable OAH filing fee is received by the OAH within
five (5) business days following the faxed transmission. Mailing address for the OAH:
If sending via US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
If sending via delivery service (UPS, FedEx, etc.)
Office of Administrative Hearings
1711 New Hope Church Rd.
Raleigh, NC 27609-6285
One (1) copy of the petition must also be served on DEQ as follows:
Mr. Bill Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the review by the Division under Section 401 of the Clean Water
Act. If you have any questions, please telephone Mr. Alan Johnson in the Mooresville Regional
Office at 704-663-1699.
Sincerely,
CDocu8igned dy:
't'" H P44%" for
F161F669AM84A3...
Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office, DEQ
Attachment
cc: Bryan Rhoden -Reynolds, Army Corps of Engineers, Charlotte, email
Alea Tuttle, Clearwater Env., alea(a)cwenv.com
DWR 401 & Buffer Permitting Branch file
MRO, Land Quality

CERTIFICATE OF COMPLETION
NCDWR Project No.:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
County:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer
Rules, and any subsequent modifications, the applicant is required to return this certificate to the 401
Wetland & Buffer Permitting Unit, North Carolina Division of Water Resources, 1617 Mail Service Center,
Raleigh, NC, 27699-1617. This form may be returned to NCDWR by the applicant, the applicant's
authorized agent, or the project engineer. It is not necessary to send certificates from all of these.
Applicant's Certification
I, , hereby state that, to the best of my abilities, due care
and diligence was used in the observation of the construction such that the construction was observed
to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer
Rules, the approved plans and specifications, and other supporting materials.
Signature:
Agent's Certification
Date:
I, , hereby state that, to the best of my abilities, due care
and diligence was used in the observation of the construction such that the construction was observed
to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer
Rules, the approved plans and specifications, and other supporting materials.
Signature:
Engineer's Certification
Partial Final
Date:
I, , as a duly registered Professional Engineer in the State
of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of
the project for the Permittee hereby state that, to the best of my abilities, due care and diligence was
used in the observation of the construction such that the construction was observed to be built within
substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved
plans and specifications, and other supporting materials.
Signature Registration No. Date _

Attachment C
Project Plans

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Attachment D
Threatened and Endangered Species Report

Evoke at Indian Trail Project
Approximately +/- 28 acres
Union County, NC
Preliminary Threatened and Endangered Species Review and Habitat
Assessment
Prepared For
Mr. Arthur Rebisz
Evoke at Evoke at Indian Trail Project LLC
2522 Suffolk Ave
High Point, NC 27265
Prepared By
CLearWaLer
An EnviroScience Company
145 7t" Avenue W
Suite B
Hendersonville, NC 28792
January 17, 2024

Table of Contents
1.0
INTRODUCTION.........................................................................................................2
2.0
METHODOLOGY.........................................................................................................2
3.0
HABITAT CLASSIFICATION.......................................................................................3
3.1
Stream.............................................................................................................................. 3
3.2
Wetland............................................................................................................................ 3
3.3
Mixed Forest.................................................................................................................... 3
3.4
Disturbed Field................................................................................................................ 4
3.5
Open Water...................................................................................................................... 4
3.6
Soils..................................................................................................................................5
4.0
PROTECTED SPECIES.............................................................................................. 5
4.1
Atlantic Pigtoe................................................................................................................. 5
4.2
Carolina Heelsplitter....................................................................................................... 5
4.3
Michaux's Sumac............................................................................................................ 6
4.4
Schweinitz's Sunflower.................................................................................................. 6
4.5
Tricolored Bat.................................................................................................................. 7
5.0
CONCLUSION AND RECOMMENDATIONS.............................................................8
6.0
REFERENCES............................................................................................................9
List of Tables
Table 1: US Fish and Wildlife Service IPaC - Official Species List.
Table 2: USDA Soil Units occurring within the project boundary.
List of Figures
Figure 1:
Site Vicinity Map
Figure 2:
USGS Topographic Map
Figure 3:
Study Area Map
Figure 4:
Habitat Map
Figure 5:
NRCS Soils Map
Appendices
Appendix A: US Fish and Wildlife Service IPaC - Official Species List and NC
Natural Heritage Program Data
Appendix B: Photolog

1.0 INTRODUCTION
The following report includes methods used and results for a threatened and endangered
species survey and habitat assessment for the project known as Evoke at Indian Trail.
The project site occupies an approximately 28-acre tract along Wesley Chapel Stouts
Rd. and Rosetta Dr. in Indian Trail, Union County, North Carolina (Figure 1). The site
ranges in elevation from 640 feet to 664 feet above mean sea level (MSL; Figure 2).
The survey was conducted to determine the occurrence of or the potential for existence
of federally listed threatened and endangered animal and plant species, in addition to
the bald eagle, within the study area (Figure 3). Completion of this survey was directed
by and complies with three current state and federal regulations: the Federal Endangered
Species Act of 1973 (16 USC 1531-1543), the North Carolina Endangered Species Act
(N.C.G.S. Sect. 113 article 25), and the North Carolina Plant Protection and
Conservation Act of 1979 (N.C.G.S. Sect. 19b 106: 202.12-22).
2.0 METHODOLOGY
The protected species surveys and habitat assessment was conducted on January 3,
2024, by ClearWater, an EnviroScience Company (ClearWater). Site visits have
previously been performed on June 17, 2019, February 10, 2020, and March 11, 2020 to
survey for element occurrences and identify potential suitable habitat.
An official species list was obtained through the US Fish and Wildlife Service (USFWS)
Information and Planning and Consultation (IPaC) on January 3, 2024. This list provides
data concerning the presence or potential occurrence of federally threatened
or endangered species in the defined project boundary. The USFWS lists five (5)
threatened and endangered species as occurring or potentially occurring in the Evoke at
Indian Trail project boundary (Table 1).
Table 1. USFWS IPaC Official Species List.
Common Name
Scientific Name
Status
Atlantic Pigtoe
Fusconaia masoni
Threatened
Carolina Heelsplitter
Lasmigona decorata
Endangered
Michaux's Sumac
Rhus michauxii
Endangered
Schweinitz's Sunflower
Helianthus schweinitzii
Endangered
Tricolored bat
Perimyotis subflavus
Proposed Endangered'
Proposed endangered by USFWS on September 13, 2022.
A database search from the NC Natural Heritage Program (NHP) dated January 3, 2024,
provided existing data concerning the presence or potential occurrences of federal and
state listed species in Mecklenburg County, North Carolina within a one -mile radius of
the site (Appendix A). The NHP indicates no elemental occurrences of threatened or
endangered species within a one -mile radius of the project boundary.
During pedestrian field surveys conducted by ClearWater biologists, site habitats were
identified and compared with recognized habitats for the five federally protected species
Clearwater, an EnviroScience Company Page 2
Project #18859 — Evoke at Indian Trail Project

potentially occurring on the site. Potential flora were identified to the taxonomic unit level
necessary to determine if the observed specimen was a protected species.
3.0 HABITAT CLASSIFICATION
During our site visit, ClearWater biologists identified five (5) habitats within the project site:
stream, mixed forest, disturbed field, wetland, and open water (Figure 4). A general overview
of the site and descriptions of each habitat type are included below.
There are several dilapidated buildings located within the project area. These buildings were
observed near the center of the property on either side of
Rosetta Dr., primarily within the disturbed field habitat. These structures may provide
summer habitat for protected bat species.
3.1 Stream
One unnamed perennial stream runs along the eastern property boundary. The
stream is an unnamed tributary to South Form Crooked Creek, a class C water
that drains to Crooked Creek in the Yadkin Pee -Dee River basin. The stream is
low gradient„ approximately two to four feet wide, and the substrate is primarily
fine- grained sandy muck. This stream is bordered by the mixed forest habitat and
was observed as low gradient. Debris and other high amounts of sediment were
observed in the channel, which appears to be heavily influenced by stormwater
events.
3.2 Wetland
The wetlands observed on site vary in composition and size, with several linear
wetlands located along the northeastern side of the project area and a larger
wetland located near the southern boundary. The wetlands along the southern
boundary were densely forested with non-native invasive species in comparison
to the wetlands near the northern boundary.
Species observed in the tree layer include swamp white oak (Quercus bicolor),
sweet gum (Luiquidambar styraciflua), and black willow (Salix nigra). Species
observed in the shrub layer include sweet gum, inkberry (Ilex glabra), green ash
(Fraxinus pennsylvanica), water oak (Quercus nigra), and privet (Ligustrum
sinense).
Species observed in the herbaceous layer include soft rush (Juncus effusus),
sedges (Carex spp.), curlydock (Rumex crispus), Japanese stiltgrass
(Microstegium vinimeum), Japanese honeysuckle (Lonicera japonica), blackberry
(Rubus sp.), swamp aster (Symphyotrichum puniceum), greenbrier (Smilax sp.),
dwarf St. John's wort (Hypericum mutilum), and sweet wood reed (Cinna
arundinaceae).
3.3 Mixed Forest
This habitat type was observed as dominant throughout the site. The forest
composition in the southern portion of the site had a relatively sparse understory,
comprised of early successional species, and dense non-native invasive species.
In contrast, moving towards the northern boundary, the forest composition was
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Project #18859 — Evoke at Indian Trail Project

more diverse and appeared to be more mature than the early successional species
observed further south on the site.
Species observed in the tree layer include white ash (Fraxinus americana), Virginia
pine (Pinus virginiana), sycamore (Platanus occidentalis), persimmon (Diospyros
virginiana), shagbark hickory (Carya ovata), American elm (Ulmus americana), red
cedar (Juniperus virginiana), southern red oak (Quercus falcata), bur oak (Quercus
macrocarpa), red maple (Acer rubrum), water oak, sweet gum, and swamp white
oak.
Species observed in the shrub layer include multiflora rose (Rosa multiflora),
Japanese holly (Ilex crenata), blueberry (Vaccinium sp.), strawberry bush
(Euonymus americanus), inkberry, white ash, blackberry, shagbark hickory, and
privet.
Species observed in the herbaceous layer include grape fern (Sceptridium sp.),
spleenwort (Asplenium platyneuron), fescue (Festuca sp.), golden ragwort
(Packers aurea), cranefly orchid (Tipularia discolor), frost aster (Symphyotrichum
pilosum), wild garlic (Allium canadense), Japanese honeysuckle, and greenbrier.
Vining species observed include wild grape (Vitis sp.) and greenbrier.
3.4 Disturbed Field
This habitat was found throughout a large portion of the property and ranged from
recently mowed/maintained, particularly towards the northeastern corner and
surrounding the open water in the southernmost corner, to unmaintained across
the center of the property.
Tree species are absent throughout this habitat, and the shrub layer is dominated
by blackberry, multiflora rose, and privet. Species observed as dominant in the
herbaceous layer include goldenrod species (Solidago spp.) and dog fennel
(Eupatorium capillifolium). Additional species observed in the herbaceous layer
include Japanese honeysuckle, false strawberry (Potentilla indica), pokeweed
(Phytolacca americana), seedbox (Ludwegia alternifolia), Chinese silvergrass
(Miscanthus sinensis), crabgrass (Digitaria sp.), clover (Trifolium repens),
American fireweed (Erechtites hieraciifolius), chickweed (Stellaria sp.), dandelion
(Taraxacum officinale), creeping Charlie (Glechoma hederacea), narrow -leaved
plantain (Plantago lanceolata), and Carolina geranium (Geranium carolinianum).
3.5 Open Water
This habitat type was located near both the southernmost and northernmost
corners of the site. The pond in the southern portion of the site was larger and
appeared to be maintained. The northernmost pond was surrounded by both mixed
forest and wetland tree species including water oak, swamp white oak, red maple,
and black willow. In contrast, species observed bordering the southernmost pond
included soft rush and other sedges.
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Project #18859 — Evoke at Indian Trail Project

3.6 Soils
Soils mapped by the Natural Resources Conservation Service (NRCS) Union
County Soil Survey are listed in Table 2 and shown in Figure 5 (NRCS 2021).
Table 2. USDA Soil Units occurring within the project boundary.
Map Unit
Symbol
Map Unit Name
BuB
Badin- Urban land complex, 2-8% slopes
CmB
Cid channery silt loam, 1-5% slopes
CnB
Cid-Urban land complex, 1-5% sopes
4.0 PROTECTED SPECIES
The following is a brief description of each federally listed species included in the IPaC
survey, its recognized habitat, and comments regarding survey results for that species.
4.1 Atlantic Pigtoe
The Atlantic pigtoe (Pleurobema cordatum) is a freshwater mussel species native to
the eastern United States. These bivalves are characterized by their somewhat
triangular and inflated shells, which typically range from yellowish -brown to dark
brown in color. The species is primarily found in rivers and streams within the Atlantic
Slope drainage, encompassing regions from North Carolina to Florida. The Atlantic
pigtoe plays a crucial role in maintaining the ecological balance of its habitat by
filtering and purifying water. As filter feeders, these mussels extract algae, bacteria,
and other organic particles from the water, contributing to improved water quality.
The Atlantic pigtoe thrives in clean and well -oxygenated freshwater habitats with
stable substrates such as sand, gravel, or mud. These mussels prefer areas with
slow to moderate water currents, as excessive turbulence can disrupt their ability to
anchor themselves to the riverbed.
Potentially suitable habitat for the Atlantic Pigtoe was not observed on site. The
streambed of the unnamed tributary was comprised of fine-grained, thick mucky
substrate with debris and trash scattered throughout. It is the opinion of ClearWater
that the proposed project is not likely to effect the Atlantic Pigtoe.
4.2 Carolina Heelsplitter
The Carolina Heelsplitter (Lasmigona decorata) was
first described in 1852. It has an ovate, trapezoid -
shaped shell. The outer surface of the shell varies
from greenish brown to dark brown in color, and
shells from younger specimens have faint greenish
brown or black rays. The nacre (inside surface) is
often pearly white to bluish white, grading to orange
in the deepest part of the shell. However, in older
specimens the entire nacre may be a mottled pale orange.
known specimen of the species measures 4.6 inches in length.
The shell of the largest
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Project #18859 — Evoke at Indian Trail Project

The Carolina Heelsplitter requires cool, clean, well -oxygenated water. Stable, silt -
free stream bottoms appear to be critical to the species. Typically, stable areas
occur where the stream banks are well -vegetated with trees and shrubs.
Potentially suitable habitat for the Carolina Heelsplitter was not observed on site.
The unnamed tributary was observed with sediment, debris, and slow moving
currents. It is the opinion of ClearWater that the proposed project is not likely to effect
the Carolina Heelsplitter.
4.3 Michaux's Sumac
Michaux's sumac (Rhus michauxii) is a
rhizomatous, densely hairy shrub, with erect
stems from 1 - 3 feet (ft) (30.5 — 91 centimeters,
cm) in height. The compound leaves contain
evenly serrated, oblong to lanceolate, acuminate
leaflets. Most plants are unisexual; however,
more recent observations have revealed plants
with both male and female flowers on one plant.
The flowers are small, borne in a terminal, erect,
dense cluster, and colored greenish yellow to
white. Flowering usually occurs from June to July;
produced through the months of August to October.
while the fruit, a red drupe, is
Michaux's sumac grows in sandy or rocky open woods in association with basic
soils. Apparently, this plant survives best in areas where some form of disturbance
has provided an open area. Several populations in North Carolina are on highway
rights -of way, roadsides, or on the edges of artificially maintained clearings. Two
other populations are in areas with periodic fires, and two populations exist on sites
undergoing natural succession.
Potentially suitable habitat for Michaux's Sumac was not observed on site. The
soils observed on the site contain high amounts of silt, clay, and loam. No species
in the genus Rhus were found on -site. Therefore, it is the opinion of ClearWater
that the proposed project is not likely to effect Michaux's sumac.
4.4 Schweinitz's Sunflower
Schweinitz's sunflower (Helianthus schweinitzii) is a
perennial that regularly grows approximately 6.5 feet (2.0
meters) tall (though it can be shorter if young or injured) and
can occasionally reach heights of 16 feet (4.8 meters). The
stem is purplish in color, and the upper third bears secondary
branches at 45-degree angles. The leaves are arranged in
pairs on the lower part of the stem but usually occur singly (or
alternate) on the upper parts. Leaves are attached to the stem
at right angles, and the tips of the leaves tend to droop. The
leaves are thick and stiff, with a rough upper surface. The
upper leaf surfaces have broad spiny hairs that are directed
toward the tip and soft white hairs cover the underside. The plant produces small
Clearwater, an EnviroScience Company Page 6
Project #18859 — Evoke at Indian Trail Project

yellow flowers from late August until frost. This species is able to colonize through
the dispersal of seeds that readily germinate without a dormant period.
Schweinitz's sunflower occurs in full to partial sun and is found in areas with poor
soils, such as thin clays that vary from wet to dry. It is believed that this species
once occurred in natural forest openings or grasslands. The species is also found
along roadside rights -of -way, maintained power lines and other utility rights -of -
way, edges of thickets and old pastures, clearings and edges of upland oak -pine -
hickory woods and Piedmont longleaf pine forests, and other sunny or semi -sunny
habitats where disturbances (e.g., mowing, clearing, grazing, blow downs, storms,
frequent fire) help create open or partially open areas for sunlight.
Potentially suitable habitat for the Schweinitz's sunflower was observed along the
edges of the forested area towards the center of the project site and within the
disturbed field habitat. The forested edges had moderate herbaceous cover,
minimal competition from woody tree species, experience full to partially full sun,
and are underlain with poor, clay soil series.
Given the potentially suitable habitat at the site, it is the opinion of ClearWater that
a survey for Schweinitz's sunflower be conducted during the species optimal
survey window (late -August through October) to confirm the absence or presence
of this species within the project site. A biological determination cannot be made
until a survey is conducted during the designated survey window.
4.5 Tricolored Bat
Tricolored bat (Perimyotis subflavus) is a small -sized bat that averages 3 to 3.5
inches in length with an average wingspan of approximately 9 inches. The fur color
varies from yellow to brown to black, with younger individuals generally having
darker coloration. The key characteristic, as the name suggests, is their tricolored
back, which is a gradient from dark near the tail, light in the middle, and dark near
the head.
The tricolored bat is found across the eastern half of
North America. In winter months, this species hibernates
in humid caves. Specifically in the southeastern U.S.,
they have also been found hibernating in road culverts
and occasionally in tree cavities. In the spring, summer,
and fall, when this species is not hibernating, they can be
found in open forests, forest edges, and occasionally in
crevices of old buildings. Their diet is composed almost
exclusively of flying insects, typically foraged from open
fields and waterways along forested areas.
This species is currently listed as proposed endangered
by the USFWS as of September 13, 2022. As of November 10th, 2023, no formal
federal management guidelines for protecting this species and its associated
habitat have been released from USFWS. USFWS has 12 months after the closure
of the public notice period (ended November 14, 2022) to determine the final listing
status of this species. If this species becomes listed as threatened or endangered,
federal management guidelines will be set in place to minimize adverse impacts.
Clearwater, an EnviroScience Company Page 7
Project #18859 — Evoke at Indian Trail Project

Potentially suitable summer habitat for this species was observed on site. The
mixed forested habitat contains several snags and mature trees with loose bark.
Until management guidelines from USFWS are published, it is anticipated that a
tree clearing moratorium would be put into place from approximately April 1st
through October 14th if the proposed endangered listing becomes effective.
Tricolored bats are not known to inhabit decaying buildings, such as the
ones found in the project area
Conducting a bat survey near the start of the active summer season could
confirm or deny the presence of this species on site. A negative presence/
absence survey result may be able to waive the tree clearing moratorium.
ClearWater recommends that tree clearing be conducted during the bat's inactive
season (October 15th to March 31st) to minimize potential impacts to this species.
If seasonal tree clearing is conducted in winter months, it would be the opinion of
ClearWater that this project may affect but is not likely to adversely affect the
tricolored bat. During permit application review, the Corps of Engineers and the
USFWS will determine if any tree cutting moratoriums are required.
5.0 CONCLUSION AND RECOMMENDATIONS
During completion of threatened and endangered species habitat assessment for the
Evoke at Indian Trail Project site, ClearWater biologists observed potentially suitable
summer habitat for the tricolored bat and Schweintiz's sunflower.
It is of the opinion of ClearWater that development of this site would not affect federally
protected species listed as potentially occurring within the project boundary, with the potential
exception of the tricolored bat and Schweintiz's sunflower.
ClearWater recommends a survey for Schweintiz's sunflower during the USFWS
designated survey window (late -August through October) to determine if Schweintiz's
sunflower is present on site and what the potential effects of development may be. Until a
survey is conducted in the designated window, a biological determination cannot be
made.
As of December 2023, no formal federal management guidelines for protecting the
tricolored bat and its associated habitat have been released from USFWS. Until
management guidelines from USFWS are published, it is anticipated that a tree clearing
moratorium would be put into place from approximately April 1st through October 14th if
the proposed endangered listing becomes effective. Any updates to the proposed
listing of the tricolored bat will also be provided by ClearWater if those updates occur
prior to commencement of this project.
Because of the transitory nature of some of the listed threatened and endangered
species and the particular flower/fruiting periods of some plants; it is possible that
endangered species populations and locations may change over time. Therefore, any
potential findings at a later date should be fully investigated and coordinated with
appropriate agencies to prevent potential adverse impacts.
Clearwater, an EnviroScience Company Page 8
Project #18859 — Evoke at Indian Trail Project

6.0 REFERENCES
Center for Biological Diversity. 2023. Natural History: Tricolored Bat.
https://www.biologicaldiversity.org/species/mammals/tricolored bat/natural histor
y html. Accessed January 2024.
Kentucky Department of Fish and Wildlife Resources. 2023. Tricolored Bat.
hftps:Hfw.ky.gov/WiIdlife/Pages/Tricolored-
Bat. aspx#: —:text=Description%3A%20One%20of%20Kentucky's%20two,of%20iu
st%20over%209%20inches. Accessed January 2024.
NCNHP (North Carolina Natural Heritage Program Database). 2023.
https:Hncnhde.natureserve.orq/; Accessed January 2024.
NRCS (Natural Resources Conservation Service). 2023. Web Soil Survey for Union
County. https://websoilsurvey.sc.egov.usda.gov/App/WebSoilSurvey.aspx;
Accessed December 2023.
Schweinitz's Sunflower— South Carolina Wildlife Federation. (n.d.). South Carolina
Wildlife Federation. https://www.scwf.org/schweinitzs-sunflower; Accessed
January 2024.
USFWS. 2023. Optimal Survey Windows for North Carolina's Federally Threatened,
Endangered, and At Risk Plants. https://www.fws.gov/story/2022-03/north-
carolinas-federally-threatened-endangered-and-risk-plant-species; Accessed
January 2024.
USFWS. 2023. Atlantic Pigtoe. Environmental Conservation Online System.
https:Hecos.fws.gov/ecp/species/5164; Accessed January 2024.
USFWS. 2023. Carolina Heelsplitter. Environmental Conservation Online System.
https:Hecos.fws.gov/ecp/species/3534; Accessed January 2024.
USFWS. 2023. Michaux's Sumac. Environmental Conservation Online System.
https:Hecos.fws.gov/ecp/species/5217; Accessed January 2024.
USFWS. 2023. Schweinitz's Sunflower. Environmental Conservation Online System.
https:Hecos.fws.gov/ecp/species/3849; Accessed January 2024.
USFWS. 2023. Tricolored bat. Environmental Conservation Online System.
https:Hecos.fws.gov/ecp/species/10515. Accessed January 2024.
USFWS Information, Planning, and Consultation System. 2023.
https:Hecos.fws.gov/ipac/; Accessed January 2024.
Clearwater, an EnviroScience Company Page 9
Project #18859 — Evoke at Indian Trail Project

Figures

Morris Park
o
a
s Boyce 0�' Country Woods
ark /
A3� ldlewood Acres Reigate
Forest Homes
/
Windrow /
/
Estates
I Wo' d'Hollow
/
Settlers Matthews /
Landing /
/
Club View
Acres /
0
Vance
Off'
Hemby Bridge
/
Southminister /
Woods
ce -Stallings
)n
FA
Project Boundary rygton=Rd—
Vicinity Map
Figure 1
Indian Trail
Project Boundary `.
Weddington
Wesley Chapel
Indian Trail 0 0.25 0.5 1 Miles
(+/- 28 Ac) i
Union County, NC. I
0 0.250.5 1 Kilometers
M
N
A [LearWaEer Q
An EnY1r08CIenC2 Company
EP Date: 1/924 Project #: 18859 NAD 1983 2011 StatePlane North Carolina RIPS 3200 F

.•j�dian Trail
it •'��'7• r� y - -- � ` � ass � .
(2350
off
R f � • r
—� J ��� ��' • J r Isis
1 O°
+:?r S to
;o ,•' Project Boundary!-
J
Sop VA Y
•�
,Su4station
b s
-----, Project Boundary
�-- -:y,.�•�.,`�. /�h�� �---i \ rpm ,y - 1�'
USGS Topographic Map Indian Trail i 500 1,000 2, 0 Feet N
1:24K Scale Quad: Matthews (+/- 28 Ac) r Aaear� f aLer
Figure 2 Union County, NC. o ,00 zoo 400 600 Meters An En vir oSc i en ce Company [�—
ior : EP Date: 1/924 Project #: 18859 NAD 1983 2011 StatePlane North Carolina RIPS 3200 Ft U

Author: EP Date: 1/924 Project #: 18859 NAD 1983 2011 StatePlane North Carolina FIPS 3200 Ft US

Author: EP Date: 1/924 Project #: 18859 NAD 1983 2011 StatePlane North Carolina FIPS 3200 Ft US

Author: EP Date: 1/924 Project #: 18859 NAD 1983 2011 StatePlane North Carolina FIPS 3200 Ft US

Appendix A:
US Fish and Wildlife Service IPaC -
Official Species List and NC Natural
Heritage Program Data

United States Department of the Interior
FISH AND WILDLIFE SERVICE
Asheville Ecological Services Field Office
160 Zillicoa Street
Asheville, NC 28801-1082
Phone: [phone] Fax: [phone]
In Reply Refer To:
Project Code: 2024-0000734
Project Name: Indian Trail
Subject: List of threatened and endangered species
location or may be affected by your propy
To Whom It May Concern:
The enclosed species list identifies threa
well as proposed and final designated cri
proposed project and/or may be affected
requirements of the U.S. Fish and W'
Endangered Species Act (Act) of 1 ,
6(/ January 03, 2024
in your proposed project
LWnpropoAsed,candidate species, as
t may oe boundary of your
proposed projes list fulfills the
hp(Service)�er sectia7(c) of the
New information based on updated s9NIQhchanges
species, changed habitat convons, or of factors
contact us if you need morSilLrent information or
federally proposed, listed4JK341Q&date species
habitat. Please note tha�pder 50 402.12( f t
Act, the accuracy of
completed formally
list should be A
i as desired. The
icT and distribution of
Es list. Please feel free to
ding the potential impacts to
,nated and proposed critical
implementing section 7 of the
3. This verification can be
recommends that verification be
completed by vi ' g-Me- JdfflWebsite at regular intervals during project planning and
implementatio r rat&ro species lists and information. An updated list may be requested
through IPa pleJ&g the same process used to receive the enclosed list.
The purp of thO�s to provide a means whereby threatened and endangered species and the
ecosys which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the
Act an its im nting regulations (50 CFR 402 et seq.), Federal agencies are required to
utilize their authorities to carry out programs for the conservation of threatened and endangered
species and to determine whether projects may affect threatened and endangered species and/or
designated critical habitat.
A Biological Assessment is required for construction projects (or other undertakings having
similar physical impacts) that are major Federal actions significantly affecting the quality of the
human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2)
(c)). For projects other than major construction activities, the Service suggests that a biological

01/03/2024
evaluation similar to a Biological Assessment be prepared to determine whether the project may
affect listed or proposed species and/or designated or proposed critical habitat. Recommended
contents of a Biological Assessment are described at 50 CFR 402.12. 10
If a Federal agency determines, based on the Biological Assessment or bio gic 1 evaluation, that
listed species and/or designated critical habitat may be affected by the prowsed IbLct, the
agency is required to consult with the Service pursuant to 50 CFR 402,AWddition',lWe Service
recommends that candidate species, proposed species and proposed Arical habi at be addressed
within the consultation. More information on the regulations and pr ures for�section 7
consultation, including the role of permit or license applicants, c be e "Endangered
Species Consultation Handbook" at: htt s://www.fws. ov/site fa files documents/
endan ered-species-consultation-handbook.pdf 4F e
Migratory Birds: In addition to responsibilities to proteithreatened and endangered species
under the Endangered Species Act (ESA), there are additional responsibilities under the
Migratory Bird Treaty Act (MBTA) and the Bald and lden agle Protection Act (BGEPA) to
protect native birds from project -related impacts. tentional or unintentional,
resulting in take of migratory birds, including eal Is, is pr ited unless otherwise permitted by
the U.S. Fish and Wildlife Service (50 C.F.R. Sec.. 10.12 16 U.S. ec. 668(a)). For more
information regarding these Acts, see Mi ra Bird Permit What W oI U.S. Fish & Wildlife
Service (fws.gov).
The MBTA has no provision for allowin4tkfmi
e ogratory birds that mNybunintentionally
killed or injured by otherwise lawful activities. I the resp ity off tie project proponent to
comply with these Acts by identify4ng potential impacts tognigr Ids and eagles within
applicable NEPA documents (when there is a federal nexus) or ird/ agle Conservation Plan
(when there is no federal nex Propone# should' ervation measures to avoid
or minimize the production roject-related stressors o imize the exposure of birds and
their resources to the projt d stressors. F^Ws.
o tion on avian stressors and
recommended conservatio mea see htt sov/librar /collections/threats-birds.
In addition to MBTA and BGEPA, Executive Or 13186: Responsibilities of Federal Agencies
to Protect Migratory Birds, obligates all Federal age es that engage in or authorize activities
that might affec gratos, to minimize those effects and encourage conservation measures
that will impr bi,Ld po ations. Executive Order 13186 provides for the protection of both
migratory N ory bird habitat. For information regarding the implementation of
Executiv der lease visit https://www.fws. ov/partner/council-conservation-
mi rato s.
We appreciate concern for threatened and endangered species. The Service encourages
Federal agencies to include conservation of threatened and endangered species into their project
planning to further the purposes of the Act. Please include the Consultation Code in the header of
this letter with any request for consultation or correspondence about your project that you submit
to our office.
Attachment(s):
• Official Species List

01/03/2024
3
OFFICIAL SPECIES LIST
This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the
requirement for Federal agencies to "request of the Secretary of the Interior i mation whether
any species which is listed or proposed to be listed may be present in the a proposed
action".
This species list is provided by:
Asheville Ecological Services Field Office
160 Zillicoa Street
Asheville, NC 28801-1082
[phone] .
O.

01/03/2024
ENDANGERED SPECIES ACT SPECIES
There is a total of 6 threatened, endangered, or candidate species on this species list.
Species on this list should be considered in an effects analysis for your
species that exist in another geographic area. For example, certain fish
list because a project could affect downstream species.
IPaC does not display listed species or critical habitats under the
Fisheriesi, as USFWS does not have the authority to speak on bS
Department of Commerce.
See the "Critical habitats" section below for those critical
within your project area under this office's jurisdiction. P�
if you have questions.
1. NOAA Fisheries, also known as the National!!
office of the National Oceanic and Atmospteric 1
Commerce.
MAMMALS
NAME Alr—
Tricolored Bat Perimyotis subflavu
No critical habitat has been designated cies.
Species profile: htt s://ecos.fws. ov/ec /s 10515
CLAMS
NAME
ct and could include
appear on the species
diet' of NOAA
and the
'holly or partially
designated FWS office
Ties Service (NMFS), is an
ation within the Department of
Mk
STATUS
Cv
4cv
Proposed
Endangered
STATUS
Atlantic Pigtoe Fusconaia masons Threatened
There is final critical habitat for this species. Your locati overlap the critical habitat.
Species profile: h t s://ecos.6s. ov/ec /s ecies/5164
Carolina Heels ter SAfna decorata Endangered
There is fi ti abi or this species. Your location does not overlap the critical habitat.
Species p�f' :// fws.gov/ecp/species/3534
INSE-W57N
NAME STATUS
Monarch Butterfly Danaus plexippus Candidate
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/9743

01/03/2024
FLOWERING PLANTS
NAME
Michaux's Sumac Rhus michauxii
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/5217
Schweinitz's Sunflower Helianthus schweinitzii
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/3849
CRITICAL HABITATS
THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT
JURISDICTION.
YOU ARE STILL REQUIRED TO DETERMINE IF YOUR
ABOVE LISTED SPECIES.
STATUS
*4Endangered
4
dangered
Q�
OFFICE'S
EFFECTS ON ALL

Roy Cooper, Governor
■■■■ INC DEPARTMENT OF
■■c;■■ NATURAL AND CULTURAL RESOURCES
■ ■■
January 3, 2024
clement Riddle
ClearWater Environmental Consultants, Inc.
145 7th ave West, Suite B
hendersonville, NC 44224
RE: Indian Trail; 18859
Dear clement Riddle:
D. Reid Wilson, Secretary
Musty Buchanan
Deputy Director, Natural Heritage Program
IR \��NiU�1WZEAEAW
The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide
information about natural heritage resources for the project referenced above.
Based on the project area mapped with your request, a query of the NCNHP database indicates that
there are no records for rare species, important natural communities, natural areas, and/or
conservation/managed areas within the proposed project boundary. Please note that although there
may be no documentation of natural heritage elements within the project boundary, it does not
imply or confirm their absence; the area may not have been surveyed. The results of this query
should not be substituted for field surveys where suitable habitat exists. In the event that rare
species are found within the project area, please contact the NCNHP so that we may update our
records.
The attached `Potential Occurrences' table summarizes rare species and natural communities that
have been documented within a one -mile radius of the property boundary. The proximity of these
records suggests that these natural heritage elements may potentially be present in the project area
if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile
radius of the project area, if any, are also included in this report.
If a Federally -listed species is found within the project area or is indicated within a one -mile radius of
the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for
guidance. Contact information for USFWS offices in North Carolina is found here:
httos://www.fws.gov/offices/Directory/ListOffices.cfm?statecode=37.
Please note that natural heritage element data are maintained for the purposes of conservation
planning, project review, and scientific research, and are not intended for use as the primary criteria
for regulatory decisions. Information provided by the NCNHP database may not be published
without prior written notification to the NCNHP, and the NCNHP must be credited as an information
source in these publications. Maps of NCNHP data may not be redistributed without permission.
The NC Natural Heritage Program may follow this letter with additional correspondence if a
Dedicated Nature Preserve, Registered Heritage Area, Land and Water Fund easement, or Federally -
listed species are documented near the project area.
If you have questions regarding the information provided in this letter or need additional assistance,
please contact the NCNHP at natural.heritage�dncr.nc.gov.
Sincerely,
NC Natural Heritage Program
DEPAR7MEN7 OF NATURAL AND CULTURAL RESOURCES
121 W. JOr4ES STREET. RALEIGH_ NEC 27603 • 1651 MAIL SERVICE C£NT£R. PALEiGH, rFC 27699
OFC 919.707.9120 • FAX [phone]

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Appendix B:
Photolog

¢ I- Q1 �1.1:47:01
"Of
r � Q b.645358
Y �?
s -11TSE
de:652.9f#
L',hoto 1. View of unnamed tributary to South Form Crooked Creek, a class C w
:o Crooked Creek in the Yadkin Pee -Dee River basin.
a'.• � � .� na � '.a k i Q k jai �„ � \
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n f
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ec i

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may.. ... .i

Photo 5. View of open water habitat located towards the northern boundary.
Photo 6. View of open water habitat located towards the southern boundary.

Photo 7. Typical view of wetland habitat located towards the southernmost boundary facing
northeast.
Photo 8. Typical view of linear wetland near the center of the site.

Photo 9. Typical view of wetland habitat near the northern portion of the site.

Attachment E
NC Division of Mitigation Services Receipt

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
MARC RECKTENWALD
Director
Scott Bayer
Multifamily USA
215 N. Pine Street
Charlotte, NC 28202
Project: Evoke Indian Trail
County: Union
401 permit#: 2020-0548
404 permit#: 2019-01147
DMS ID#: MR-07499
Amount Paid: $18,209.36
Check Number: 5070
qs 51Ni a
NORTH CAROLINA
Environmental Quality
RECEIPT
March 28, 2022
The NCDEQ Division of Mitigation Services (DMS) has received a check as indicated above as payment for the
compensatory mitigation requirements of the 401 Water Quality Certification/Section 404 Permit(s) issued for
the above -referenced project. This receipt serves as notification that your compensatory mitigation
requirements assigned to DMS associated with the authorized activity as specified below have been satisfied.
You must also comply with all other conditions of this certification and any other state, federal or local
government permits or authorization associated with this activity including G.S. § 143-214.11.
The DMS, by acceptance of this payment, acknowledges that the Division is responsible for the
compensatory mitigation requirements indicated below associated with the project permit and agrees to
provide the compensatory mitigation as specified in the permit. Mitigation responsibility assigned to the DMS
is nontransferable. The mitigation will be performed in accordance with the In -Lieu Fee Program instrument
dated July 28, 2010.
Mitigation Location
Mitigation Type
Credits
Yadkin 03040105
Riparian Wetland
0.27
Refunds of payments made to NCDMS are only approved under certain conditions. All refund requests must
be submitted in accordance with the Division's refund policy. If you have any questions or need additional
information, please contact [e-mail].
Sincerely,
Kelly Williams
ILF Program Coordinator
cc: Todd Tugwell, USACE - Raleigh; Bryan Roden -Reynolds, USACE
Clement Riddle, agent
North Carolina Department of Environmental Quality I Division of Mitigation Services
D_ E Q'217 West Jones Street 1 1652 Mall Service Center I Rateigh. North Carolina 27699 1652
NCRiI ClWIII MA
9w.707.8976