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HomeMy WebLinkAbout20200887 Ver 2_Project_URP PCN_Update_Submitted_20240219WEPG Preliminary ORM Data Entry Fields for New Actions Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. SAW — 2020-00946 - BEGIN DATE [Received Date]: Prepare file folder ❑ 1. Project Name [PCN Form A2a]: Project URP 2. Work Type: Private ❑✓ Institutional ❑ 3. Project Description / Purpose [PCN Form 133d and 133e]: Assign Action ID Number in ORM ❑ Government ❑ Commercial 11 PCN request for additional minor impacts for an existing Commercial Development 4. Property Owner / Applicant [PCN Form A3 or A4]: Summit Avenue, URP, LLC 5. Agent / Consultant [PCN Form A5 - or ORM Consultant ID Number]:Danlel Kuefler / WEPG 6. Related Action ID Number(s) [PCN Form 135b]: 7. Project Location - Coordinates, Street Address, and/or Location Description [PCN Form 131b]: 35.3276,-80.7690, Charlotte, NC 8. Project Location - Tax Parcel ID [PCN Form 131a]: 04741213, 04741212, 04741214, 04741215, 04741216 9. Project Location -County [PCN Form A2b]: Mecklenburg 10. Project Location — Nearest Municipality or Town [PCN Form A2c]: Charlotte 11. Project Information — Nearest Waterbody [PCN Form 132a]: Mallard Creek 12. Watershed / 8-Digit Hydrologic Unit Code [PCN Form 132c]: 03040105 Authorization: Section 10 ❑ Section 404 ❑✓ Section 10 & 404 ❑ Regulatory Action Type: ❑Standard Permit ✓ Nationwide Permit # 39 ❑ Regional General Permit # ❑ Jurisdictional Determination Request ❑Pre -Application Request Unauthorized Activity 0 Compliance ❑ No Permit Required Revised 20150602 February 19th, 2024 Mr. Douglas Perez U.S. Army Corps of Engineers Asheville Regulatory Field Office 151 Patton Avenue, Asheville, NC 28801-5006 Mr. Andrew Pitner NCDEQ Division of Water Resources 610 East Center Street, Suite 301, Moorseville, NC 28115 Mr. Paul Wojoski NCDEQ Division of Water Resources Wetlands & Storm Water Branch 512 North Salisbury Street, Raleigh, NC 27604 Mr. Byron Hamstead U.S. Fish and Wildlife Service Asheville Field Office 160 Zillicoa Street, Asheville, NC 28801 Subject: AFTER -THE -FACT PCN for NWP # 39 for the Project URP site, Charlotte, Mecklenburg County, North Carolina Messrs. Perez, Pitner, Wojoski and Hamstead, Enclosed is a Request for Nationwide Permit 39 for the Project URP site on +/- 81 acres at the intersection of Governor Hunt Road and David Taylor Drive in Charlotte, NC. A previous PCN request (SAW-2020-00946; DWR# 20-0887) was previously approved and the site has been completely developed with all impacts installed as approved. During construction, minor additional impacts were unavoidable as site conditions were not conducive to the construction of a spring box behind a large headwall. As such, 5 LF of intermittent stream and 0.03 ac of wetland impacts were required that were not accounted for in the previous approval. As shown on the updated attached exhibits, these modifications include impacts to one stream and one small wetland for fill and grading. To compensate for the anticipated permanent impacts, the applicant is proposing payment into NCDMS at a 1:5 ratio for 5 linear feet of intermittent warm water stream. This ratio is proposed as it is the same ratio that was initially applied to the previously approved impacts to this particular stream feature. Thank you for your consideration and please contact me if you have any questions, (336) 554-2728 or email at daniel.kuefler@wetlands-epg.com. Sincerely, Daniel Kuefler, PWS Len Rindner, PWS Environmental Scientist Principal Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. Permit Application on� ,ti au,�n NORTH CAROLINA Environmental Quality Water Resources Office Use Only Corps Action I D no. SAW-2020-00946 Date received: [Click to enter.] DWR project no. Irk enter.l Date received: [Click to enter.] Site Coordinates: Latitude (DD.DDDDDD): 35.3276 Longitude (DD.DDDDDD): 80.7690 Form Version 4.3, 1210412023 Pre -Construction Notification (PCN) Form (Ver. 4.2, 1210412023) For Nationwide Permits and Regional General Permits and corresponding Water Quality Certifications Please note: fields marked with a red asterisk are required. The form is not considered complete until all mandatory questions are answered. The PCN help document may be found at this link: https://edocs.deg.nc.gov/WaterResources/DocView.aspx?dbid=0&id=2196924&cr=1 Page 1 of 20 PCN Form Version 4.3- December 4, 2023 A. Processing Information County (counties) where project is located: * Mecklenburg Additional (if needed). Is this an ARPA project? * ❑ Yes ❑x No If yes, ARPA project number: * The project number can be found on the "Letter of Intent to Fund" (LOIF) or "Offer and Acceptance Letter". If you are unable to locate Click or tap here to enter text. your DWI ARPA Funding Project Number, please contact Corey Basinger at corey.basinger(cilncdenr.gov for further assistance. Is this a NCDMS project? * (Click yes only if NCDMS is the applicant or co- ❑ Yes ❑x No applicant) Is this a public transportation project? (Publicly funded municipal, state, or federal road, rail, ❑ Yes ❑x No or airport project) Is this a NCDOT project? * ❑ Yes ❑x No If yes, NCDOT TIP or state project number: Click to enter. If yes, NCDOT WBS number: * Click to enter. ❑x Section 404 Permit (wetlands, streams, waters, Clean Water Act) 1 a. Type(s) of approval sought from the Corps: * ❑ Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) Has this PCN previously been submitted? * ❑x Yes ❑ No Please provide the date of the previous submission. * 7/7/2020 ❑x Nationwide Permit (NWP) 1 b. What type(s) of permit(s) do you wish to seek ❑Regional General Permit (RGP) authorization? * ❑ Standard (IP) This form may be used to initiate the standard/ individual permit process with the USACE. Please contact your Corps representative concerning submittals for standard permits. All required items can be included as attachments and submitted with this form. 1 c. Has the NWP or GP number been verified by the Corps? * ® Yes ❑ No NWP number(s) (list all numbers ): 39 RGP number(s) (list all numbers ): Click to enter. Are you a federal applicant? ❑ Yes ❑x No If yes, please provide a statement concerning compliance with the Coastal Zone Management Act Click to enter text. 1 d. Type(s) of approval sought from DWR (check all that apply): ❑x 401 Water Quality Certification — Regular ❑ 401 Water Quality Certification— Express ❑ Non-404 Jurisdictional General Permit ❑ Riparian Buffer Authorization ❑ Individual 401 Water Quality Certification Is this a courtesy copy notification ❑ Yes ❑x No Page 2 of 20 PCN Form Version 4.3- December 4, 2023 1 e. Is this notification solely for the record because written approval is not required? * For the record only for DWR 401 Certification: * ❑ Yes ❑x No For the record only for Corps Permit: * ❑ Yes ❑x No 1f. Is this an after -the -fact permit/certification application? * ® Yes ❑ No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? ® Yes ❑ No If yes, attach the acceptance letter from mitigation bank or in -lieu fee program. 1 h. Is the project located in any of NC's twenty coastal counties? * ❑ Yes ❑x No 1 i. Is the project located within an NC DCM Area of Environmental Concern (AEC)? * ❑ Yes ❑x No ❑ Unknown 1j. Is the project located in a designated trout watershed? * ❑ Yes ❑x No If yes, you must attach a copy of the approval letter from the appropriate Wildlife Resource Commission Office. Trout information may be found at this link: http://www.saw.usace.army.miI/Missions/Regulatory-Permit- Program/Agency-Coordination/Trout.aspx Page 3 of 20 PCN Form Version 4.3- December 4, 2023 B. Applicant Information 1a. Who is the primary contact? Daniel Kuefler 1 b. Primary Contact Email: daniel.kuefler@wetlands-epg.com 1 c. Primary Contact Phone: (###)###-#### 336-554-2728 1 d. Who is applying for the permit/certification? (check all that apply) ❑ Owner 0 Applicant (other than owner) 1 e. Is there an agent/consultant for this project? ® Yes ❑ No 2. Landowner Information 2a. Name(s) on Recorded Deed: Centene Management Company LLC 2b. Deed Book and Page No.: click to ent� 2c. Contact Person (for corporations): Click to enter. 2d. Address Street Address: 7700 Forsyth Blvd Address line 2: Click to enter. City: Saint Louis State/ Province/ Region: MO Postal/ Zip Code: 63105 Country: Click to enter. 2e. Telephone Number: (###)###-#### 312-718-9957 2f. Fax Number: (###)###-#### Click to enter 2g. Email Address: carlsonm@claycorp.com 3. Applicant Information (if different from owner) 3a. Name: Matthew Browder 3b. Business Name (if applicable): Summit Avenue URP, LLP 3c. Address: Street Address: 1440 South Tryon Street, Suite 104 Address line 2: Click to entE City: Charlotte State/ Province/ Region: NC Postal/ Zip Code: 29203 Country UICK to enter. 3d. Telephone Number: (###)###-#### 646-346-8871 3e Fax Number: (###)###-#### Click to entr 3f. Email Address: matt@browdergroup.com Page 4 of 20 PCN Form Version 4.3- December 4, 2023 4. Agent/ Consultant (if applicable) 4a. Name: Daniel Kuefler 4b. Business Name: Wetlands and Environmental Planning Group 4c. Address: Street Address: 10612-D Providence Road Address line 2: PMB 550 City: Charlotte State/ Province/ Region: NC Postal/ Zip Code: 28277 Country: Click to enter 4d. Telephone Number: (###)###-#### 336-554-2728 4e Fax Number: (###)###-#### Click to entr 4f. Email Address: daniel.kuefler@wetlands-epg.com Agent Authorization Letter: Attach a completed/signed agent authorization form or letter. A sample form may be found at this link: https://www.saw.usace.army. mil/Missions/Reg ulatory-Permit-Program/Permits/2017-Nationwide-Permits/Pre- construction-Notification/ Page 5 of 20 PCN Form Version 4.3- December 4, 2023 C. Project Information and Prior Project History 1. Project Information 1a. Name of project: * Project URP 1 b. Subdivision name (if appropriate): Click to enter. 1c. Nearest municipality/town: * Charlotte 2. Project Identification 2a. Property identification number (tax PIN or parcel ID): 04741216, 04741214, 04741215, 04741212, 04741213 2b. Property size (in acres): 80.9 2c. Project Address: Street Address: Click to ente. Address line 2: Click to enter. City: Click to enter. State/ Province/ Region: Click to enter. Postal/ Zip Code: Click to enter. Country: Click to ente 2d. Site coordinates in decimal degrees (using 4-6 digits after the decimal point): Latitude (DD.DDDDDD): 35.3276 Longitude (-DD.DDDDDD):-80.7690 3. Surface Waters 3a. Name of nearest body of water to proposed project: Mallard Creek 3b. Water Resources Classification of nearest receiving C water: The Surface Water Classification map may be found at this link: https://ncdenr.maps.arcgis.com/apes/webappviewer/index.html?id=6el25ad7628f494694e259c8Odd64265 Yadkin-PeeDee 3c. In what river basin(s) is your project located? { Choose additional (if needed) 3d. Please provide the 12-digit HUC in which the project is 030401050103 located: The Find Your HUC map may be found at this link: https://ncdenr.maps.arc.is.com/apes/Publiclnformation/index.html?appid=ad3a85aOc6d644aOb97cdO69db238ac3 Page 6 of 20 PCN Form Version 4.3- December 4, 2023 4. Project Description and History 4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: * The site has been developed as a commercial campus. General Land Use in the vicinity is a mixture of commercial and residential development. 4b. Have Corps permits or DWR certifications been obtained for this ® Yes ❑ No ❑ Unknown project (including all prior phases) in the past? * If yes, please give the DWR Certification number and/or Corps SAW-2020-00946 Action ID (ex. SAW-0000-00000): (Click to enter.l Attach any pertinent project history documentation 4b2. Is any portion of the work already complete? * ® Yes ❑ No If yes, describe the completed work. The Site has been completely built and installed per the previously permitted plans. A small amount of additional impacts were required during construction based on site constraints and construction logistics. 4c. List of other certifications or approvals/denials received from other federal, state or local agencies for work described in this application not related to the 404 or 401. Click to enter text. 4d. Attach an 8'h x 11" excerpt from the most recent version of the USGS topographic map indicating the location of the project site. 4e. Attach an 8'h x 11" excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. 4f. List the total estimated acreage of all existing wetlands on the 0.32 acres property: 4g. List the total estimated linear feet of all existing streams (intermittent 6756 linear feet and perennial) on the property: 4g1. List the total estimated acreage of all existing open waters on the property: acres 4h. Explain the purpose of the proposed project: The site is a large commercial campus. 4i. Describe the overall project in detail, including the type of equipment to be used: Fill and grading has been completed using standard equipment. 4j. Attach project drawings/site diagrams/depictions of impact areas for the proposed project. 4k. Will this activity involve dredging in wetlands or waters? * ❑ Yes ❑x No If yes, describe the type of dredging, the composition of the dredged material, and the locations of disposal area. Click to enter text. Page 7 of 20 PCN Form Version 4.3- December 4, 2023 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or in ® Yes ❑ No ❑ Unknown proposed impact areas? Comments: ,lick to enter text 5b. If the Corps made a jurisdictional determination, 0 Preliminary ❑ Approved ❑ Emailed concurrence what type of determination was made? ❑ Not Verified ❑ Unknown ❑ n/a Corps AID number (ex. SAW-0000-00000): SAW-2020-00946 Name (if known): Click to enter 5c. If 5a is yes, who delineated the jurisdictional Agency/Consultant Company: WEPG areas? Other: Click to enter 5d. List the dates of the Corps jurisdictional determination or State determination if a determination was made by either agency. 06/10/2020 5d1. Attach jurisdictional determinations. 6. Future Project Plans 6a. Is this a phased project? ® Yes ❑ No 6b. If yes, explain. Phase 1 — East Campus; Phase II — West Campus (all phases are now complete) Are any other NWP(s), regional general permit(s), or individual permit(s) used, or intended to be used, to authorize any part of the proposed project or related activity? This includes other separate and distant crossings for linear projects that require Department of the Army authorization but don't require pre -construction notification. No 7. Addresses of adjoining property owners, lessees, etc. whose property adjoins the waterbody (if more than can be entered here, please attach a supplemental list) Click to enter. 8. Scheduling of activity: All activities / impacts on the site have been completed Page 8 of 20 PCN Form Version 4.3- December 4, 2023 D. Proposed Impacts Inventory Impacts Summary ❑x Wetlands ❑x Streams - tributaries 1 a. Where are the impacts associated with your project ❑ Buffers ❑ Open Waters (check all that apply): ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, complete this table for each wetland area impacted. 2a. Site # 2a1. Impact Reason/Type 2b. Impact Duration 2c. Wetland Type 2d. Wetland Name 2e. Forested ? 2f. Jurisdiction Type 2g. Impact Area (ac) W1 Fill (Incl. Riprap) Permanent Headwater Forest Wetland H Yes Corps 0.03 W2 Choose one Tempi Herm Choose one Click to enter Y/i , Choose one Click to enter W3 Choose one Temp/ Perm Choose onE Click to enter Y/N Choose one Click to enter W4 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W5 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W6 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W7 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W8 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W9 Choose one Temp/ Perm Choose onE Click to enter Y/I Choose one Click to enter W10 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W11 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W12 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W13 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W14 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W15 Choose one Temp/ Perm Choose onE Click to enter Y/1 Choose one Click to enter 2g1. Total temporary wetland impacts 0 ac 2g2. Total permanent wetland impacts 0.03 ac 2g3. Total wetland impacts 0.03 ac 2h. Type(s) of material being discharged and the amount of each type in cubic yards: .TICK to enter text. 2i. Comments: W1 was previously approved and has been installed Page 9 of 20 PCN Form Version 4.3- December 4, 2023 3. Stream Impacts If there are perennial or intermittent stream/ tributary impacts (including temporary impacts) proposed on the site, complete this table for all stream/ tributary sites impacted. ** All Perennial or Intermittent streams must be verified by DWR or delegated local government 3a 3b. 3c. 3d. 3e. 3f. 3g. 3h. Site #* Impact Impact Impact Type* Stream Name* Stream Jurisdiction Stream Width Impact length Reason* Duration* Type* Type* (avg ft) * (linear ft) S1 Road Crossing Permanent Crossing/ Stream C Intermittent Corps 3 152 Culvert S2 Construction Temporary Dewatering Stream C Intermittent Corps 3 20 Access S3 Construction Temporary Workpad/ Stream C Intermittent Corps 3 20 Access Causeway S4 Fill for Permanent Fill (Incl. Stream G Intermittent Corps 3 76 Daycare Riprap) S5 Retaining Wall Permanent Fill (Incl. Stream G Intermittent Corps 3 5 Riprap) S6 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S7 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S8 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S9 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S10 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S11 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S12 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S13 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S14 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S15 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S16 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S17 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S18 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S19 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S20 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter 3i1. Total jurisdictional ditch Click to enter. linear ft impact: 3i2. Total permanent stream 233 linear ft impacts: M. Total temporary stream 40 linear ft impacts: 34. Total stream and ditch 273 linear ft impacts: 3j. Comments: Impacts S1-S4 were previously approved. S5 is for additional after -the -fact impacts. All impacts are installed. Page 10 of 20 PCN Form Version 4.3- December 4, 2023 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., individually list all open water impacts in the table below. 4a. Site #* 4a1. Impact Reason 4b. Impact Duration* 4c. Waterbody Name* 4d. Activity Type* 4e. Waterbody Type* 4f. Impact area (ac)* 01 Click to enter. Temp/ Perm Click to enter. Choose one :hoose one Click to enter. 02 Click to enter. Temp/ Perm Click to enter Choose one -hoose one Click to enter. 03 Click to enter. Temp/ Perm Click to enter. Choose one Choose one Click to enter. 04 Click to enter. Temp/ Perm Click to enter. Choose one Choose one Click to enter. 05 Click to enter. Temp/ Perm Click to enter. Choose one Choose one Click to enter. 4g. Total temporary open water impacts Click to enter. ac 4g. Total permanent open water impacts Click to enter. ac 4g. Total open water impacts Click to enter. ac 4h. Comments: Click to enter. 5. Pond or Lake Construction If pond or lake construction is proposed, complete the table below. (*This does NOT include offline stormwater management ponds.) 5a. 5b. 5c. 5d. 5e. Pond ID Proposed use or Wetland Impacts (ac) Stream Impacts (ft) Upland # purpose of pond Impacts (ac) Flooded Filled Excavated Flooded Filled Excavated P1 Choose one Click to Click to Click to Click to Click tc Click to Click to enter. enter. enter. enter. enter. enter. entF P2 Choose one Click to Click to Click to Click to Click to Click to Click to enter. enter. enter. enter. enter. enter. entF P3 Choose one Click to Click to Click to Click to Click to Click to Click to enter. enter. enter. enter. enter. enter. enter. 5f. Total Click to Click to Click to Click to Click to Click to Click enter. enter. enter. enter. enter. enter. ente 5g. Comments: Click to enter. 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no.: Click to enter. 5i. Expected pond surface area (acres): Click to enter. 5j. Size of pond watershed (acres): Click to enter. 5k. Method of construction: Click to enter. Page 11 of 20 PCN Form Version 4.3- December 4, 2023 6. Buffer Impacts (DWR requirement) If project will impact a protected riparian buffer, then complete the chart below. Individually list all buffer impacts. 6a. Project is in which protected basin(s)? (Check all that apply.) ❑ Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Jordan ❑ Goose Creek ❑ Randleman ❑ Other: Click to ente Site #* 6b. Impact Type* 6c. Impact Duration* 6d. Stream Name* 6e. Buffer Mitigation Required?* 6f. Zone 1 Impact* (sq ft) 6g. Zone 2 Impact* (sq ft) 131 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter B2 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter B3 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter B4 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter B5 Choose one Temp/ Perm Click to enter. Y/N Click to enter Click to enter. B6 Choose one Temp/ Perm Click to enter. Y/N Click to enter Click to enter. B7 Choose one Temp/ Perm Click to enter. Y/N Click to enter Click to enter. B8 Choose one Temp/ Perm Click to enter. Y/N Click to enter Click to enter. B9 Choose one Temp/ Perm Click to enter. Y/N Click to enter Click to enter. B10 Choose one Temp/ Perm Click to enter. Y/N Click to enter Click to enter. 1311 Choose one Temp/ Perm Click to enter. Y/N Click to enter Click to enter. B12 Choose one Temp/ Perm Click to enter. Y/N Click to enter Click to enter. B13 Choose one Temp/ Perm Click to enter. Y/N Click to enter Click to enter. B14 Choose one Temp/ Perm Click to enter. Y/N Click to enter Click to enter. B15 Choose one Temp/ Perm Click to enter. Y/N Click to enter Click to enter. B16 Choose one Temp/ Perm Click to enter. Y/N Click to enter Click to enter. B17 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B18 Choose one Temp/ Perm Click to enter. Y/N Click to enter Click to enter. B19 Choose one Temp/ Perm Click to enter. Y/N Click to enter Click to enter. B20 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. 6h. Total temporary impacts: Zone 1: Click to enter. sq ft Zone 2: Click to enter. sq ft 6h. Total permanent impacts: Zone 1: Click to enter sq ft Zone 2: Click to enter. sq ft 6h. Total combined buffer impacts: Zone 1: Click to enter. sq ft Zone 2: Click to enter. sq ft 6i. Comments: LACK to enter. Please attach supporting documentation (impact maps, plan sheets, etc.) for the proposed project. Page 12 of 20 PCN Form Version 4.3- December 4, 2023 E. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts through project design: Overall impacts to site surface waters associated with the proposed development were limited through site selection, design and location/orientation of proposed access routes. Bottomless culverts are proposed were practicable to avoid impacts. Approximately 54% of the site has remained as undisturbed tree -save. Approximately 96% of the 6,761 LF of streams and 97% of th 0.35 ac of wetlands on site will be avoided. 1 b. Specifically describe measures taken to avoid or minimize proposed impacts through construction techniques: Construction techniques will implement approved erosion control methods to avoid/minimize to onsite/adjacent offsite receiving conveyances. Crossings have been minimized using headwalls and 2:1 slopes to avoid additional impacts Utility crossings have been bored wherever possible. 2. Compensatory Mitigation for Impacts to Waters of the U.S., Waters of the State, or Riparian Buffers 2a. If compensatory mitigation is required, by whom is it required? ❑ DWR ❑x Corps (check all that apply) 2b. If yes, which mitigation option(s) will be used for this ❑ Mitigation Bank project? (check all that apply) ❑x In Lieu Fee Program ❑ Permittee Responsible Mitigation 3. Complete if using a Mitigation Bank (Must satisfy NC General Statute143-214.11 (d1).) 3a. Name of mitigation bank: Click to enter. 3b. Credits purchased/requested: Type: Choose one Quantity Click to ente Type: Choose one Quantity 'ick to enter. Type: Choose one Quantity ick to enter. Attach receipt and/or approval letter. 3c. Comments: Click to enter. 4. Complete if Using an In Lieu Fee Program 4a. Attach approval letter from in lieu fee program. 4b. Stream mitigation requested: 5 linear feet 4c. If using stream mitigation, what is the stream temperature: warm NC Stream Temperature Classification Maps can be found under the Mitigation Concepts tab on the Wilmington District's RIBITS website: (Please use the filter and select Wilmington district) https://ribits.usace.army.miI/ribits apex/f?p=107:27:2734709611497::NO:RP:P27 BUTTON KEY:O 4d. Buffer mitigation requested (DWR only): Click to enter. square feet 4e. Riparian wetland mitigation requested: Click to enter. acres 4f. Non -riparian wetland mitigation requested: Click to enter. acres 4g. Coastal (tidal) wetland mitigation requested: Click to enter. acres Page 13 of 20 PCN Form Version 4.3- December 4, 2023 4h. Comments: lick to enter. 5. Complete if Providing a Permittee Responsible Mitigation Plan 5a. If proposing a permittee responsible mitigation plan, provide a description of the proposed mitigation plan, including mitigation credits generated. ,lick to enter 5b. Attach mitigation plan/documentation. 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — DWR requirement 6a. Will the project result in an impact within a protected riparian buffer ❑ Yes ❑x No that requires buffer mitigation? If yes, please complete this entire section — please contact DWR for more information. 6b. If yes, identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required in the table below. 6c. 6d. 6e. Zone Reason for impact Total impact Multiplier Required mitigation (square feet) (square feet) Zone 1 Click to enter. Click to enter. Choose one Click to enter. Zone 2 Click to enter. Click to enter. Choose one Click to enter. 6f. Total buffer mitigation required Click to enter. 6g. If buffer mitigation is required, is payment to a mitigation bank or ❑ Yes ❑ No NC Division of Mitigation Services proposed? 6h. If yes, attach the acceptance letter from the mitigation bank or NC Division of Mitigation Services. 6i. Comments: Click to enter. Page 14 of 20 PCN Form Version 4.3- December 4, 2023 F. Stormwater Management and Diffuse Flow Plan (DWR requirement) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers ❑ Yes ❑x No identified within one of the NC Riparian Buffer Protection Rules? 1 b. All buffer impacts and high ground impacts require diffuse flow or other form of stormwater treatment. If the project is subject to a state implemented riparian buffer protection program, include a plan that fully documents how diffuse/dispersed flow will be maintained. All Stormwater Control Measures (SCM) must be designed in accordance with the NC Stormwater Design Manual (https://deg.nc..qov/about/divisions/energv-mineral-land-resources/energv-mineral-land-permit- guidance/stormwater-bmp-manual). Associated supplement forms and other documentation must be provided. ❑ Level Spreader What Type of SCM are you ❑ Vegetated Conveyance (lower seasonal high water table- SHWT) providing? ❑ Wetland Swale (higher SHWT) (Check all that apply) 0 Other SCM that removes minimum 30% nitrogen ❑ Proposed project will not create concentrated stormwater flow through the buffer For a list of options to meet the diffuse flow requirements, click here. Attach diffuse flow documentation. 2. Stormwater Management Plan 2a. Is this an NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? * El Yes 0 No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? * ❑ Yes 0 No To look up low density requirements, click here: http://reports.oah. state. nc.us/ncac/title%2015a%20-%20environmental%20guality/chapter%2002%20- %20environmental%20management/subchapter%20h/15a%20ncac%2002h%20.1003.pdf 2c. Does this project have a stormwater management plan (SMP) 0 Yes ElNo reviewed and approved under a state stormwater program or state - approved local government stormwater program? * ❑ n/a — project disturbs < 1 acre Note: Projects that have vested rights, exemptions, or grandfathering from state or locally implemented stormwater programs or projects that satisfy state or locally -implemented stormwater programs through use of community in -lieu programs should answer "no" to this question. 2d. Which of the following stormwater management program(s) apply? 0 Local Government (Check all that apply.)* ❑ State If you have local government approval, please include the SMP on their overall impact map. Local Government Stormwater Programs * 0 Phase II ❑ USMP ❑ NSW ❑ Water Supply Page 15 of 20 PCN Form Version 4.3- December 4, 2023 Please identify which local government stormwater program you are using. City of Charlotte State Stormwater Programs * 0 Phase II ❑ HQW or ORW ❑ Coastal Counties ❑ Other Comments: Click to enter. Page 16 of 20 PCN Form Version 4.3- December 4, 2023 G. Supplementary Information 1. Environmental Documentation 1a. Does the project involve an expenditure of public (federal/state/local) ❑ Yes ❑x No funds or the 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 (North Carolina) Environmental ❑ Yes ❑x No 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 ❑ Yes ❑x No NEPA or SEPA final approval letter.) Comments: Click to enter. 2. Violations (DWR Requirement) 2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), Federally Non -Jurisdictional Wetlands /Classified Surface Waters ❑ Yes ❑x No (15A NCAC 2H. 1400) DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. If you answered "yes" to the above question, provide an explanation of the violation(s): ACK to enter. 3. Cumulative Impacts (DWR Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby ❑ Yes ❑x No downstream water quality? 3b. If you answered "no", provide a short narrative description: All work has been completed and no additional phases are anticipated. 3c. If yes, provide a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWR policy. (Attach .pdf) 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project? 1 ® Yes ❑ No ❑ N/A 4b. If yes, describe in detail the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated at a treatment plant, list the capacity available at that plant. Wastewater generated on the site will be transported to the nearest treatment facility via sewer lines. Page 17 of 20 PCN Form Version 4.3- December 4, 2023 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected ® Yes ❑ No species or habitat? (IPAC weblink: https://www.fws.gov/ipac/ ffws.govl) 5b. Have you checked with the USFWS concerning Endangered Species ❑ Yes ❑x No Act impacts? * 5c. If yes, indicate the USFWS Field Office you have contacted. Choose one 5d. Is another federal agency involved? * ❑ Yes ❑x No ❑ Unknown If yes, which federal agency? Click to enter. 5e. Is this a DOT project located within Divisions 1-8? * ❑ Yes ❑x No 5f. Will you cut any trees in order to conduct the work in waters of the U.S.? * ® Yes ❑ No 5g. Does this project involve bridge maintenance or removal? * ❑ Yes ❑x No 5g1. If yes, have you inspected the bridge for signs of bat use such as staining, guano, bats, etc.? Representative photos of signs of bat use ❑ Yes ❑ No can be found in the NLEB SLOPES, Appendix F, pages 3-7. Representative photos of signs of bat use can be found in the NLEB SLOPES, Appendix F, pages 3-7. Link to NLEB SLOPES document: http://saw-reg.usace.army.mil/NLEB/1-30-17-signed NLEB-SLOPES&apps.pdf If you answered yes to 5g1, did you discover any signs of bat use? * ❑ Yes ❑ No ❑ Unknown If yes, please show the location of the bridge on the permit drawings/ project plans 5h. Does this project involve the construction/ installation of a wind turbine(s)? * ❑ Yes ❑x No If yes, please show the location of the wind turbine(s) on the permit drawings/ project plans (attach .pdf) 5i. Does this project involve blasting and /or other percussive activities that will be conducted by machines, such as jackhammers, ❑ Yes ❑x No mechanized pile drivers, etc.? * If yes, please provide details to include type of percussive activity, purpose, duration, and specific location of this activity on the property (attach .pdf) 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? * A threatened/Endangered species assessment was conducted prior to site development in which no species were identified. Attach consultation documentation. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat? * El Yes ❑x No Is there submerged aquatic vegetation (SAV) around the project vicinity? * El Yes ❑x No El Unknown Will this project affect submerged aquatic vegetation? * ❑ Yes ❑x No ❑ Unknown Page 18 of 20 PCN Form Version 4.3- December 4, 2023 Explain: Click to enter. 6b. What data source(s) did you use to determine whether your site would impact Essential Fish Habitat? No essential fish habitat in this region 7. Historic or Prehistoric Cultural Resources (Corps Requirement) Link to the State Historic Preservation Office Historic Properties Map (does not include archaeological data): http://gis. ncdcr.,qov/hpoweb/ 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status (e.g., National Historic Trust designation or ❑ Yes ❑x No properties significant in North Carolina history and archaeology)? 7b. What data source(s) did you use to determine whether your site would impact historic or archeological resources? * Report by R.S. Webb is attached. State Historic Preservation Office's (SHPO) database http://gis.nednr.gov/hpoweb/ 7c. Attach historic or prehistoric documentation. 8. Flood Zone Designation (Corps Requirement) Link to the FEMA Floodplain Maps: https:Hmsc.fema.,qov/portal/search 8a. Will this project occur in a FEMA-designated 100-year floodplain? * ® Yes ❑ No 8b. If yes, explain how the project meets FEMA requirements. Impacts are allowed by FEMA and are permitted locally through Mecklenburg County's Floodland Development Permit process. 8c. What source(s) did you use to make the floodplain determination? www.fema.gov; FEMA's Community Floodway Map #3710457700K and as surveyed and represented on project survey. H. Miscellaneous Comments: Click to enter. Attach pertinent documentation or attachments not previously requested Page 19 of 20 PCN Form Version 4.3- December 4, 2023 I. Signature * ❑x By checking the box and signing below, I, as the project proponent, certify to the following: • The project proponent hereby certifies that all information contained herein is true, accurate, and complete, to the best of my knowledge and belief; • The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time; • The project proponent hereby agrees that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act'); • The project proponent hereby agrees to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act'); • The project proponent hereby understands that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND • As the project proponent, I intend to electronically sign and submit the PCN/online form. Full Name: * Daniel Kuefler Signature: Date: * 2/19/2024 Page 20 of 20 PCN Form Version 4.3- December 4, 2023 Wetlands Leonard S. Rindner. PLLC. Agent Authorization Letter The purpose of this form is to authorize our firm to act on your behalf in matters related to aquatic resource (i.e. stream/wetlands) identification/mapping and regulatory permitting. The undersigned, who are either registered property owners or legally authorized to conduct due diligence activities on the property as identified below, do hereby authorize associates of Leonard S. Rindner, PLLC, Wetlands and Environmental Planning Group (WEPG) to act on my behalf and take all actions necessary for the processing, issuance, and acceptance of applicable permit(s) and/or certification(s). Project/Site Name: Project URP Property Address: Governor Hunt Road, Charlotte, NC Parcel Identification Number (PIN): 04713104 Select one: I am the current property owner Name: i*0oveZ Company: '5N1M111-"-r N+cvLV. k-10—P i LLC Mailing Address: t"D 50LV ' ATQipq 1�rL— • t Sq [i t ld Gaazw � Nc- 2b7m3 Telephone Number: Mail Address: Buyer* / Other' r Date * The Interested Buyer/Other acknowledges that an agreement and/or formal contract to purchase and/or conduct due diligence activities exists between the current property owner and the signatory of this authorization in cases where the property is not owned by the signatory. Charlotte Office: www.wetiands-epg.com Asheville Office: 10612-D Providence Rd. 1070 Tunnel Rd., Bldg. I PMB 550 Suite 10. PMB 283 Charlotte, NC 28277 Asheville, NC 28805 (704)904-2277 len.rindner@wettands-epg.com ROY COOPER Governor MICHAEL S. REGAN Secretary TIM BAUMGARTNER Director Kevin Vogul LandDesign 223 North Graham Street Charlotte, NC 28202 NORTH CAROLINA Environmental Quality July 1, 2020 Expiration of Acceptance: January 1, 2021 Project: Project URP County: Mecklenburg The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to accept payment for compensatory mitigation for impacts associated with the above referenced project as indicated in the table below. Please note that this decision does not assure that participation in the DMS in - lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will be approved. You must also comply with all other state, federal or local government permits, regulations or authorizations associated with the proposed activity including G.S. § 143-214.11. This acceptance is valid for six months from the date of this letter and is not transferable. If we have not received a copy of the issued 404 Permit/401 Certification within this time frame, this acceptance will expire. It is the applicant's responsibility to send copies of the permits to DMS. Once DMS receives a copy of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the in -lieu fee to be paid by an applicant is calculated based upon the Fee Schedule and policies listed on the DMS website. Based on the information supplied by you in your request to use the DMS, the impacts for which you are requesting compensatory mitigation credit are summarized in the following table. The amount of mitigation required and assigned to DMS for this impact is determined by permitting agencies and may exceed the impact amounts shown below. River Basin Impact Location 8-di it HUC Impact Type Impact Quantity Yadkin 03040105 Warm Stream 300 Yadkin 03040105 Riparian Wetland 0.25 Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The mitigation will be performed in accordance with the In -Lieu Fee Program instrument dated July 28, 2010. Thank you for your interest in the DMS in -lieu fee mitigation program. If you have any questions or need additional information, please contact Kelly Williams at (919) 707-8915. cc: Daniel Kuefler, agent Sincerely, &V_4iczt� FOR James. B Stanfill Asset Management Supervisor NCM �H C!•ii:�Ya� EQt OCprprt�S of G.`sM RWIlrf North Carolina Department of Errvironmental Quality I Division of Mitigation Services 217 W. Jones Street 1 1652 Mail Service Center I Raleigh, North Carolina 27699-1652 919.707.8976 ROY COOPER Governor MICHAEL S. REGAN Secretary TIM BAUMGARTNER Director Kevin Vogul LandDesign 223 North Graham Street Charlotte, NC 28202 Project: Project URP County: Mecklenburg 401 permit#: 2020-0887 404 permit#: 2020-00946 DMS ID#: MR-07546 Amount Paid: $233,582.58 Check Number: pp530581186 NORTH CAROLINA Environmental Quality RECEIPT August 13, 2020 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 Warm Stream 418 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 Kelly.williams@ncdenr.gov. Sincerely, At�dA�1� FOR Tim Baumgartner Director cc: Todd Tugwell, USACE - Raleigh; Bryan Roden -Reynolds, USACE Daniel Kuefler, agent NORTH CAROLINAD Department of Environmental Duali� North Carolina Department of Environmental Quality I Division of Mitigation Services 217 W. Jones Street 11652 Mail Service Center I Raleigh, North Carolina 27699-1652 919.707.8976 ►0 Maps/Plans may e _a HIGHLAND CREEK rogresslve Preschool T A SITE l�F�las Clark's Creek Greenway Playground Y GnvrrnN Pal•A•Ro s Chlld Development Center 60 C� um 4 7-ELEVEN 35548 4? 10.s�' IJS Internal Concentrix iv Revenue Service ci t z4» G' L 0. 0 o �o r Sanitaire � ax C4a+sd� r xentiai - Charlotte ata Center QDavid Taylor Corporate Center David Tayrorpr Centralin Council om f Gov nents 4P `= 1VC r Oy [:krr cam` Colonial Grand at Legacy Park ley Greenway ': PROPERTY BOUNDARY ComplianceLine Q QC55 -Queen 9Tutor Time of Charlotte STUDY LIMITS :hard Creek City STEM School Corvian Como Elemenlci . a Kids 'R' Kids Learning g Academy of Charlotte W ilramfiicil ❑r a "' ¢�c Charlotte Observer v ,r N Chesterbrook R "Sy I Academy Preschool All Map data a 2090 Terms of Use Re or rill Prepared for: University Research Park Drawn By: Reviewed By: FIGURE 1 Wetlands and Frivironmental Planning Group Mecklenburg Co., NC Leonard S. Rindper, PLLC. Summit Ave URP, LLC BLI< DCI< VICINITY MAP 02/23/20 0.90.-2277 For study purposes only - Subject to USACE/NCDEQ verification • G o�rerq�r �J.�Int_� � � � PROPERTY BOUNDARY STUDY LIMITS PARCEL: 04741216 CENTENE MANAGEMENT COMPANY LLC 7700 FORSYTH BLVD SAINT LOUIS, MO 63105 ° r +o rr III DO 40 40 PARCEL:04741214 CENTENE MANAGEMENT COMPANY LLC 7700 FORSYTH BLVD 9iojur x SAINT LOUIS, MO 63105 CL PARCEL:04741212 PARCEL:04741215 �� CENTENE MANAGEMENT CENTENE MANAGEMENT .� PARCEL: 04741213 COMPANY LLC COMPANY LLC 7700 FORSYTH BLVD � e4 CENTENE MANAGEMENT 7700 FORSYTH BLVDti COMPANY LLC SAINT LOUIS, MO 63105 SAINT LOUIS, MO 63105 7700 FORSYTH BLVD N SAINT LOUIS, MO 63105 1 Information Provided by N ' Mecklenburg County GIS 2024 Prepared for: GOVERNOR HUNT RD Drawn By: Reviewed By: FIGURE 2 Summit Ave URP, LLC Mecklenburg Co., NC Leonard S. Rindner, PLLC. BLK KKS len.rindner@wetian 7?4 PARCEL MAP 02/23/20 ,.) 0 UPDATED KS For study purposes only - Subject to USACE/NCDEQ verification 02/15/2024 t ' 10C it I. � T �.�rl'�•!1• y ,y�•'�Y �;µY � .�• • i , �.� PROPERTY BOUNDARY y. .Y s f f STUDY LIMITS ! w JW _ y t r r ,x r 71/ ep t" , " Google Earth Maps Data Imagery 2020 • + + __ _ - I Prepared for: University Research Park Drawn By: Reviewed By: FIGURE 2 Summit Ave URP, LLC Mecklenburg Co., NC BLK Dci< AERIAL MAP 02/23/20 For study purposes only - Subject to USACE/NCDEQ verification -.7 W. PROPERTY BOUNDARY f � STUDY LIMITS _ J �• AV o o -� �- rI r� ►�� MALLARD CREEK . LOCATION N Lat: 35.3276 N SCALE Long:-80.7690 W 1:24,000 USGS QUAD "X , I HUC: 03040105 ACRES i Derita, NC +1 ` �•� F�� " � ROCKY 80.86 � 1993 1+ led, Image be subject to c Prepared for: University Research Park Drawn By: Reviewed By: FIGURE 3 Wetlands and Environmental Planning Group Mecklenburg Co., NC Leonard S. Rindper, PLLC. do Summit Ave URP, LLC BLK DCK USGS MAP 02/23/20 ' For study purposes only - Subject to USACE/NCDEQ verification `l V M o I.) 1 ti •T ..* W: wko r • 'VV M L I Celli 7 W WkH C Pat :U w� UE E„o M►�l 4f LIB PROPERTY BOUNDARY STUDY LIMITS Ene WISE Map Unit Symbol Map Unit Name Acres in ADI Percent of ADI 10 50 EnB Enon sandy loam. 2 to 8 95 percent slopes End Enon sandy loam. 8 to 15 56 6 1% percent slopes S u MeB Mecklenburg fine sandy loam, 7 3 2 to 8 percent slopes Metz Mecklenburg fine sandy loam, 95 10 40, 8 to 15 percent slopes MO Monacan loam, 0 to 2 percent 22.7 24 81!� slopes. frequently flooded PaE Pacolet sandy loam. 15 to 25 02 0 2 percent slopes WkE Wilkes loam 15 to 25 percent 36.5 40 0° slopes 100.0• Totals for Area of Interest 91.3 1 1 - -N 1% 1% 1 -J—* A N - I &V If r01 I J Prepared for: University Research Park Summit Ave URP, LLC Mecklenburg Co., NC SOIL SURVEY MANUSCRIPT MAP For study purposes only - Subject to USACE/NCDEQ verification „eI v TO xt Mfg w 6+4 NRCS Soil Survey Manuscript 11 �.� Mecklenburg County (1980) LI I Drawn By: Reviewed By: FIGURE 4 BLK DCK 02/23/20 is •�''� �' `= _.° PROPERTYBOUNDARY ��! 4 *** USACE Verification 6/10/2020 *** v� J . ,' - STUDY LIMITS 4 ti k r=`t< 'f 80.86 AC +/ vR ~ PERENNIAL + WETLAND II % INTERMITTENT - - STREAM F STREAM I 0.013 ac '. i:::;:• INTERMITTENT 1,737 If tt. •��';•�:�- ,� �i �Nlifffl'��r5. •.• _ .�h�:=.: _ ij�rr ,, •ti - 139 If � - ''}' : if STREAM C - ��NCDEQ . f ~ •�� - 486 If ,. STREAM NCDEQ FORM A STREAM k �y FORM C 5 INTERMITTENT PERENNIAL 7'.7 STREAM A USAGE 4'��� STREAM G 1 • ;ll [[ L1.==, USAGE WETLAND � III 4 yl �r i . z FORM D INTERMITTENT 'a.�` j �_„- L'4 L STREAM B 48 If WETLAND D 0.29 ac WETLAND H 0.03 ac J WETLAND E - LEG-=idC' MALLARD CREEK '•� `� � ,..�-:r, .mow.. Project boundary study limits -0.014 ac Legend -- 2,4751f Stream "T � - CMProjectEla.nil YJeiian dery .. O 175 350 l'- ; 2RCantours Landscape photo direction r J, Feet Prepared for: University Research Park Drawn By: Reviewed By: FIGURE 26 Wetlands and Environmental Planning Group Mecklenburg Co., NC NRN DCI< Leonard S. Rindner, PLLC. Summit Avenue URP, LLC DELINEATION MAP 2/23/20 r For study purposes only - Subject to USACE/NCDEQ verification INSET - SEE SHEET 11 • PROPOSED CENTRAL PROJECT COURTYARD (NWP 39) •• 152 LF OF PERMANENT IMPACT O�m� i �__- -•�- 7� \ p� \ TRAINING CENTER !i� K '•\\ tiT INTERMITTENT STREAM C (486') A DECK O OFFICE ---- ��— � OFFICE PERENNIAL STREAM A (1,795 LF) A I ',1 OFFICE BAD 3 �A BMP 4 C OFFICE 1 )(, t BMP 2 INTERNAL CIRCULATION \Y6 EMERGENCY SERVICES ROAD BOTTOMLESS CULVERT CROSSING INTERMITTENT STREAM B (48')s� -`A'� �x:A,!.a < �) WETLAND D(0.291 AC) MALLARD CREEK DATA CENTER INTERNAL CIRCULATION/ EMERGENCY SERVICES ROAD 1 / i \ V9 INTERMITTENT STREAM 1 (139') I - WETLAND 11 (0.013 AC) j• j S PERENNIAL STREAM•F (1,737 LF) I I DECK / - ---- 1 INSET- SEE SHEET 12 PROPOSED FILUDAYCARE PLAY AREA (NWP 39) \ DAYCARE I " 81 LF OF PERMANENT STREAM IMPACTED DECK 0.03 AC OF PERMANENT WETLAND IMPACTED INTERMITTENT STREAM G (81') r ,! I�� vBMP 1 I?, jd� i �j I WETLAND 1 (0.030 AC) LVERT CROSSING Imo— STREAM BUFFER (TYP) WETLAND E (0.014 AC) LEGEND: WETLANDS (0.347 AC TOTALS) (0.030 AC OF PERMANENT IMPACTS) STREAM CENTERLINE (4,286 LF TOTAL) (233 LF OF PERMANENT IMPACTS) SCALE: 1 "=350' 0 175' 350' PROJECT URP • CHARLOTTE, NC • OVERALL SITE PLAN (SHEET 10 OF 18) PN1018369 1 06.30.2020 1 SUMMIT AVENUE URP, LLC 7/2320204.45PM VCHEREDNICHENKO\\CHFILES\PR0JECTS\_2018\1018369\CAD\EXHIBITS\WETLANDS\1018369 WETLANDS EXHI BIT —2020630DWG _ EXIST. TREES TO REMAIN AS PART OF VEGETATED SECURITY BUFFER /// / }/ f / / / I I I ! I I � I_ - I\ GOVERNOR HUNT RD. I f III lI am-` f ✓ _ _ A l `INTERMITTENT STREAM C (486') I EXIST. STREAM TO REMAIN VA1 VA\l���vv UNDISTURBED ii /ram 111/- CONTRACTOR SHALL !�_ _ LIMIT ALL TEMP. IMPACTS TO ! I I I I I 1 )'ll \ \ / I / ��� , ; t ' �� WATERS OF THE US TO LESS V 50' STREAM BUFFER (TYP) THAN 90 DAYS \�\� `_ 7' � \ 6G t1BLJC RIGHT OF ;' , ,/ _/OFFICE 5' TEMP. STREAM t / �� __ = l (\ / J IMPACT FOR WALL CONSTRUCTION CANTILEVER NOTE: BMP 3 & BM P 4 v��v OVERLOOK, NO SHALL NOT ENCROACH �- 1I I/ �/I � \1S�TREAM IMPACT EXISTING JURISDICTIONAL oNp OFFICE r LIMITS OF INTERMITTENT / / 1 > / T �/� � �- • �Xf STREAM �\I I IIf Ill i / I I/ 11/ I 1`_ \ PROP. PUMP l� ` / I � t `1 1 \ INLET LOCATION /lI IIII l 11/� / I / V FOR TEMP. l 1 r l / / /) / y / �j I / I I \ \ DEWATERING \ y \\ \ �, / I / c/ I 1 \ \� \ \ _- - /1 �i o ( / I / Ill / �y PROP. COFFER DAM (20 LF 1 \ __ y / OF TEMP. STREAM IMPACT) �\ �� ��.,ears V` 1 %//�i__�� -� IAIAA✓�l/ PROP. RETAINING WALL (TYP) / INV. IN- 620.32 `�„>� , , ✓m ��\\ \ � o� \\\\�.�\�\\i��\��� - \��—� \ �_5`_'�'// /Ill(/I /\•/ - BMP3\ \\\�\ �� PROP. OFFICE / \ \ \\\ ► Q= \� 1 \ 1 1 g� JUNCTION BOX PROP. 129' OF 72" I ��, �� \ \� INV. OUT: 618.62 Utg CULVERT (BURIED 1') zo 16' L X12' X6' H CON/SPAN - - - - - () (\M ( ) AMENITY \ I -SERIES CULVERT WITH WATER OFFICE ENERGY DISSIPATION MEMBERS BODY - Rlao " PROP. RETAINING WALL (TYP) ) \ 5'TEMP. STREAM F 30'x7 OTTOML � I WALL I CULVERT F PACT FOR WA CONSTRUCTION PROP. FIRE & ���� - _ — i/ DOMESTIC WATER -��i -- _ — _ - EXIST. STREAM IN F OODPLAIN +' ::t'''} INTERNAL CIRCULATION / / I EMERGENCY S DISTRIBUTION — -- _ _ _--_----__- ,::.::>* "::k> 10'TEMP.STREAM / ROAD s TO REMAIN UNDISTURBED + +:.,�+E}°.° +:.;::;}::r +'+}'' >?:`: ... ...:>::k:�:��';3 IMPACT FOR WALL > . k: CONSTRUCTION � PROP. RETAINING WALL (TYP) T`FLOODPLAIN ; 'OD' Posy CONSrRUcnom eurr6re �- - EXIST. WETLAND TO I ` SCALE: 1"=80' REMAIN UNDISTURBED _ _ 1 SS— UNPAVm 40' ,,80' PROJECT URP - CHARLOTTE, NC - INTERMITTENT STREAM C - IMPACT AREA BUFFER EXHIBIT (SHEET 11 OF 18) PN1018369 1 06.30.2020 1 SUMMIT AVENUE URP, LLC LandDesign. 7/23/2020 4:45 PM VCHEREDNICHENKO \\CHFILES\PROJECTS\ 2018\1018369\CAD\EXHIBITS\WETLANDS\1018369-WETLANDS EXHIBIT-2020-6-30.DWG \ 0 \ \ DAVID TAYLOR DR _ C6 i 1/2"EIR jl� �IIIII� VAAA iv l \ \ EXISTING SANITARY SEWER — I; O/ NOTE: CONTRACTOR SHALL 1(_ LIMIT ALL TEMP. IMPACTS TO L :> // 1 \ WATERS OF THE US TO LESS \ I I �• BORE UNDER EX. I ` �' w \ \ THEN 90 DAYS I 1 i1I1 I11 /I Ill' STREAM—i / I I / l NO STREAM IMPACT 1111 \ \ r . Z \ SANITARY SEWER \ III EX. SANITA \\ \ \ \ I SEWER MANHOLE \ w / I SERVICE TO DECK \ 1 I I I I � \ - \ \ Iw I� I \ � I I I I II\y\�•��•�,�I �� I III \ _--_—__—, \_-------- SANITARY SEWER \ 0 I \ \ SERVICE TO DAYCARE DAYCARE— \,II`I 642.60 \ C) EXIST. FLOODPLAIN PROP. FILL TO PROVIDE OUTDOOR PLAY AREA FOR DAYCARE 81 LF OF \ \ PROP. FIRE & w J I PERMANENT STREAM IMPACT F- \ _ PROJECT BOUNDARY (TYP) DOMESTIC WATER \ � � 2 _ 50' STREAM BUFFER (TYP) / III I I I ( I / - I \ \\ �\ / DISTRIBUTION OUTDOOR PLAY AREA \ \ ELEV: 642.00 ` III IN E MI EXISTING 641.50 TW \ _ / I I I III INTERMITTENT STREAM G 618:00BW y 642.27 Tw . ��\ //� \ I -- �� (` �J �� —I �/ I \ VAA�A\\vvv/ / �// ://� 1/ / sls.00 Bw / — �/ \I I9 N PROP. 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I I STREAM \ I I NO STREAM IMPACT \ \ UTILITY YARD l DOMESTIC & FIRE s _ _ �_ _�— *�� \ \ \ �- ./ I WATER LINE - BMP 1 I SANITARY SEWER SERVICE FROM EX. PUBLIC SEWER, COLLECTION \\ �� \ �� �� BMP OUTFALL / / SANITARY SEWER SERVICE FROM EX. / PUBLIC SEWER COLLECTION / Tq / \\ / 11 ) � ' \\-- DOMESTIC/FIRE WATER SERVICE CONNECTION TO EX. \ \ \ I PUBLIC WATER MAIN DAYCARE I I INS9NrEs I I DOMESTIC & FIRE ' WATER LINE I ' CON/SPAN I III I BOTTOMLESS I I I I ARCH PIPE I Ifi' ' I ' SCALE: 1"=150' 1 I xl \ I 0 75' 150' I PROJECT URP • CHARLOTTE, NC • OVERALL WATER AND SEWER PLAN (SHEET 14 OF 18) PN1018369 1 06.30.2020 1 SUMMIT AVENUE URP, LLC Lan® 7/23/2020 4:45 PM VCHEREDNICHENKO \\CHFILES\PROJECTS\ 2018\1018369\CAD\EXHIBITS\WETLANDS\1018369-WETLANDS EXHIBIT-2020-6-30.DWG CONTECH I -SERIES 30'W X 7'H BOTTOMLESS CULVERT SECTION VIEW - STA SECTION VIEW - STA 0+34 650 635 635 PROP. GRADE @ L] ROAD 645 CENTERLINE 630 630 PROP. GRADE PROP. FIRE & DOMESTIC PROP. 30'W X 7'H WATER DISTRIBUTION BOTTOMLESS CULVERT 640 625 625 EX. GRADE AT STREAM PROPOSED 12" RCP CENTERLINE STORM PIPE 635 620 620 EXIST. GRADE 630 615 615 PROP. FOOTINGS (DESIGN AND PROP. 12'(W) X 16'(L) X 6'(H) DETAILS BY CONTECH I -SERIES CULVERT OTHERS) 625 610 610 -30 -20 -10 0 10 20 30 620 PROP. ENERGY DISSIPATION MEMBER THROUGHOUT THE EXIST. GRADE LENGTH OF THE CULVERT. NO SUBGRADE SHALL BE EXPOSED 615 SCALE: 1"=5' V SCALE: 1"=20' H 61030 -20 -10 0 10 0 2.5' 5' 0 10, 20' 72" 650 650 645 645 640 640 635 635 630 630 625 625 620 620 615 615 61030 1+50 650 645 640 635 630 625 620 EXIST. GRADE 615 20 3010 CULVERT 0+93 RCP SECTION VIEW -STA PROP.GRADE PROP. 72" RCP / r 20 3010 -20 -10 0 10 PROJECT URP - CHARLOTTE, NC - INTERMITTENT STREAM C - CROSS SECTION (SHEET 16 OF 18) PN1018369 1 06.30.2020 1 SUMMIT AVENUE URP, LLC LandDesign.7/21/20203:42PM MTAYLOR N:\2018\1018369\CAD\EXHIBITS\WETLANDS\1018369-WETLANDS EXHIBIT-72 IN CROSS SECTIONS.DWG i •.:i•:. OFFICE •■• ••• t� FL BMP OUTFALL j 41 l lk z �o �Q z BMP 4 � h = O O BMP OUTFALL 60'`P T OF WAY -------- ---------------- ° q OFFICE F-_________ __ ____________ � FL - L SS -v . FL PROJECT URP • CHARLOTTE, NC • OVERALL WATER AND SEWER PLAN (SHEET 17 OF 18) PN1018369 1 06.30.2020 1 SUMMIT AVENUE URP, LLC 7/23/2020 4:45 PM VCHEREDNICHENKO \\CHFILES\PROJECTS\ 2018\1018369\CAD\EXHIBITS\WETLANDS\1018369-WETLANDS EXHIBIT-2020-6-30.DWG SCALE: 1 "=60' 0 30' • �- OFFICE TREE SAVE: 31.75 ACRES INTERNAL CIRCULATION -EMERGENCY SERVICES ROAD pol DATA CENTER 1— BMP 5 i/ �JI I, SECTION 21-94 - TREE SAVE AREA PHASE I OVERALL SITE ACREAGE: +/- 80.86 AC ON -SITE TREE SAVE REQUIRED: +/- 12.1 AC (15%) ON -SITE TREE SAVE PROVIDED: +/- 43.72 AC (54%) LEGEND TREE SAVE AREA < O TREE SAVE: 0.26 ACRES TREE SAVE: TREE SAVE: '' 1.45 ACRES �, 5.60 ACRES OFFICE BMP4 r � s MALLARD CREEK """►" INTERNAL CIRCULATION / EMERGENCY SERVICES ROAD DECK DAYCARE OFFICE If' I DECK BMP1 i MEMO EASEMENT (TYp) �i 'P. TREE SAVE: 31.75 ACRES STREAM BUFFER (TYP) �i SCALE: 1 "=350' 0 175' 350' PROJECT URP • CHARLOTTE, NC • OVERALL TREE SAVE PLAN (SHEET 18 OF 18) PN1018369 1 06.30.2020 1 SUMMIT AVENUE URP, LLC LandDesign.7/17/2020 4:31 PM AELIASON \\CHFILES\PROJECTS\2018\1018369\CAD\EXHIBITS\WETLANDS\1018369-WETLANDS EXHIBIT-2020-6-30TREE SAVE.DWG Threatened & Endangered Species Report WEPG Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. Threatened / Endangered / Protected Species Evaluation C.nar-IULte ❑ff Ce. 10612-D Providence Rd. PMB 550 Charlotte, NC 28277 (704) 904-2277 I en. ri nd ner@wet Ian ds -epg. ca m For: Governor Hunt Road Site Mecklenburg County, North Carolina By: Lisa R. Gaffney July 2, 2020 www. wetlands-epg.co m Asheville Office-. 1070 Tunnel Rd., Bldg. I Suite 10. PMB 283 Asheville, NC 28805 Governor Hunt Road Site - Threatened /Endangered /Protected Species Evaluation GENERAL LANDSCAPE DESCRIPTION: The Governor Hunt Road Site (+/- 80.86 acres) is located just south of Governor Hunt Road and David Taylor Drive, and just north of Mallard Creek in Mecklenburg County, North Carolina. It can be found on the Derita NC USGS Topographic Quadrangle Map; latitude is 35.3276 N, longitude is-80.7690 W. The topography is gently to moderately sloped. The elevation ranges from 600 to 730 ft. (Figure 1). The site is covered with successional mixed pine and hardwood forest, with slopes and drainages flowing into Mallard Creek which forms the southern site boundary. Figure 1: PROPERTY BOUNDARY L /"'ti z� f`^ �✓ - STUDY LIMfTS 45 1 LL AP 4 v � ✓ � y� � �` "� v�1� - r MALLARD CR E ER Y . LOCATION F ► Lat: 35,32 /6 N SCALE N Lang:-80.7890 W 1:24,000 HUC:03040105 ACRES USGS[1UAE7 r y� tk IiOCICY 80.86 y Oerita, NC 1 III f WEPGPrepared for: GOVERNOR HUNT Rb Drawn 04 Reviewed By: "SURE 1 Mecklen burg Co., NC ELK USGS MAR 02?231za For study purposes only • Subkcr to USAC£/NC 0F4 very-i tran Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. Governor Hunt Road Site - Threatened /Endangered /Protected Species Evaluation METHODOLOGY: The US Fish and Wildlife Service website https://www.fws.gov/raleigh/species/cntylist/nc counties.html was referenced to determine the occurrence of Threatened, Endangered and Protected species for Mecklenburg County, North Carolina, the results of which are listed below (Table 1). Maps and aerial photographs were assembled, and the site was investigated during the weeks of March 16 and April 6, 2020; and July 1, 2020. Table 1: Threatened / Endangered / Protected Species listed for Mecklenburg County County: Mecklenburg, NC *Source: US Fish & Wildlife Service **Data search on March 16, 2020 Group Name Status Record Status Invertebrate Carolina Heelsplitter (Lasmigona Endangered Current decorata Invertebrate Rusty -patched Bumble Bee Endangered Historic (Bombus affinis) Vascular Plants Smooth Coneflower (Echinacea Endangered Current laevi ata Vascular Plants Schweinitz's Sunflower (Helianthus Endangered Current schweinitzii) Vascular Plants Michaux's Sumac (Rhus michauxii) Endangered Current Vertebrate Northern Long -Eared Bat (Myotis Threatened Probable/Potential sententrionalis) Vertebrate Bald Eagle (Haliaeetus Protected under the Bald Current leucocephalus) and Golden Eagle Protection Act Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. Governor Hunt Road Site - Threatened /Endangered /Protected Species Evaluation SPECIES DESCRIPTIONS: Three plant species with federal protection are listed as potentially occurring in Mecklenburg County: • Schweinitz's Sunflower (Helianthus schweinitzii), listed as Federally Endangered, is typically found in open habitats which historically have been maintained by wildfires and grazing bison and elk herds. Now most occurrences are limited to roadsides, woodland and field edges, and utility rights -of -way (ROW). • Smooth Coneflower (Echinacea laevigata), listed as Federally Endangered, is typically found in open woods, cedar barrens, roadsides, clear cuts, dry limestone bluffs and power line rights -of -way, requiring abundant sunlight and little competition from other plant species. • Michaux's Sumac (Rhus michauxii), listed as Federally Endangered, requires habitat of sandy forests and woodland edges. This species requires periodic fire as a part of its ecology. Four animal species with federal protection are listed as potentially occurring in Mecklenburg County: • Bald Eagle (Haliaeetus leucocephalus), protected by the Bald and Golden Eagle Protection Act, typically inhabits forested areas near large bodies of open water such as lakes, marshes, seacoasts and rivers, where there are suitable fish populations and tall trees for nesting and roosting. • Carolina Heelsplitter (Lasmigona decorata), listed as Federally Endangered, is restricted to cool, clean, well -oxygenated water. Stable, silt- free stream beds are required for this species. Typically stable areas occur where the stream banks are well -vegetated with trees and shrubs. Northern Long-eared Bat (Myotis septentrionalis), listed as Federally Threatened. During summer, northern long-eared bats roost singly or in colonies underneath bark, in cavities, or in crevices of both live and dead trees. Males and non - reproductive females may also roost in cooler places, like caves and mines. It has also been found, rarely, roosting in structures like barns and sheds. Northern long-eared bats spend winter hibernating in caves and mines, called hibernacula. Rusty -patched Bumble Bee (Bombus affinis), listed as Federally Endangered, live in colonies that include a single queen and female workers. Rusty -patched Bumble Bees historically occupied grasslands and tallgrass prairies. Bumble bees need areas that provide nectar and pollen from flowers, nesting sites (underground and abandoned rodent cavities or clumps of grasses), and overwintering sites for hibernating queens (undisturbed soil). Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. Governor Hunt Road Site - Threatened /Endangered /Protected Species Evaluation RESULTS: The site is part of University Research Park, a commercial business park development. It is covered with successional mixed pine and hardwood forest, with slopes and drainages flowing into Mallard Creek which forms the southern site boundary. There are maintained walking trails on site that tie into the greenway trail along Mallard Creek. The roadsides along Governor Hunt Road and David Taylor Drive are planted in Fescue turf grass (Festuca sp.) and cultivated Red Maple trees (Acer rubrum). The disturbed mixed hardwoods forest on the slopes and drainages has an average diameter at breast height (dbh) of 12 inches, with some larger trees up to 30 inches dbh present. The upper slopes approximate a Basic Oak -Hickory Forest community type, grading into Piedmont/Low Mountain Alluvial Forest in the bottomlands along the streams. The canopy is composed of Shortleaf Pine (P. echinata), White Oak (Quercus alba), Post Oak (Q. stellata), Red Oak (Q. rubra), Southern Red Oak (Q. falcata), Willow Oak (Q. phellos), Pignut Hickory (Carya glabra), Shagbark Hickory (C. ovata), Sweetgum (Liquidambar styraciflua), Yellow Poplar (Liriodendron tulipifera), Hackberry (Celtis laevigata), Black Walnut (Juglans nigra), American Elm (Ulmus americans), and White Ash (Fraxinus americans). The subcanopy is composed of Flowering Dogwood (Corpus florida), American Holly (Ilex opaca), Mulberry (Morus rubra), Winged Elm (Ulmus alata), Hawthorn (Crataegus sp.), Black Cherry (Prunus serotina), Eastern Red Cedar, and Black Gum (Nyssa sylvatica). The shrub layer includes Black Haw (Viburnum prunifolium), and Pinxter Azalea (Rhododendron nudiflorum), Heart's-a-burtstin (Euonymus americanus), Sweetshrub (Calycanthus floridus), Blueberry (Vaccinium spp.), Chinese Privet (Ligustrum sinense), and Russian Olive (Elaeagnus angustifolia). Vines present are Japanese Honeysuckle, Virginia Creeper (Parthenocissus quinquefolia), Muscadine (Vitis rotundifolia), Mikania scandens (Climbing Hempvine), Catbrier (Smilax spp.), and Poison Ivy (Toxicodendron radicans). The herb layer includes Heartleaf Ginger (Hexastylis arifolia), Christmas Fern (Polystichum acrostichoides), Ebony Spleenwort (Asplenium platyneuron), Spotted Wintergreen (Chimaphila maculata), American alumroot (Heuchera americans), Running Pine (Lycopodium flabelliforme), Downy Rattlesnake Plantain (Goodyera pubescens), Curlyheads (Clematis ochroleuca), Beardtongue (Penstemon sp.), Solomon's Seal (Polygonatum biflorum) and Japanese Stilt Grass (Microstegium vimineum). The assemblage of plants growing in the transitional areas around the trail and woods edges are Sericea Lespedeza (Lespedeza cuneata), Broomsedge (Andropogon virginicus), Johnson Grass (Sorghum halepense), Splitbeard (A. ternarius), Beggars Ticks (Desmodium sp.), Thoroughwort (Eupatorium sp.), St. John's Wort (Hypericum punctatum), Goldenrod (Solidago spp.), and Henbit (Lamium amplexicaule). Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. Governor Hunt Road Site - Threatened /Endangered /Protected Species Evaluation Threatened & Endangered/Protected Species Results • All potential habitats for Schweinitz's Sunflower, Michaux's Sumac and Smooth Coneflower along the roadsides, transitional areas and woods edges were examined and none of these species were present. • No habitat exists on the site for Bald Eagles, and there were no sightings nor were any nesting sites observed. • There is no habitat on site for the Carolina Heelsplitter. Based on existing documentation, Carolina Heelsplitter populations have not been previously identified within this basin. No individuals were observed during the survey nor would any be expected on -site. • Comparing this site location to the USFWS Asheville office's website (http://www.fws.gov/asheville/htmis/project review/NLEB in WNC.html) it appears that the site meets the "exempt" criteria which requires no further action under section 7 of the Endangered Species Act for the Northern Long-eared Bat. • Comparing this site location to the USFWS Range Map for Rusty -patched Bumble Bee (https://www.fws.gov/midwest/endangered/insects/rpbb/rpbbmap.htmi) Mecklenburg County is in its Historic Range, and as such, Section 7 consultation is not needed. WEPG concludes that Rusty -patched Bumble Bee is not present. RECOMMENDATIONS: Based on the site investigation and the review of available data, WEPG did not identify any protected species occurring on the subject property. No further investigation of the presence of protected species on this site is recommended at this time. Respectfully submitted, 044z, # 1*e5�1 Lisa R. Gaffney Biologist July 1, 2020 Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. Governor Hunt Road Site - Threatened /Endangered /Protected Species Evaluation Curriculum Vitae for: Lisa R. Gaffney Biologist / Botanist B.S. Biology, University of North Carolina at Charlotte Ms. Gaffney is a classically trained botanist and natural resource biologist and has conducted field work and investigative studies covering thousands of cumulative acres in both North and South Carolina since 1996, including: • Cabarrus County NC Natural Heritage Inventory. Organized, directed, and conducted field survey of natural areas in Cabarrus County for the North Carolina Natural Heritage Program. • Lincoln County NC Natural Heritage Inventory. Organized, directed, and conducted field survey of natural areas in Lincoln County for the North Carolina Natural Heritage Program. • Threatened and Endangered Species Surveys and Natural Communities Evaluation for over 50,000 acres in North and South Carolina, 1996 - present. • Located and identified numerous previously unreported populations of Federally Endangered Schweinitz's Sunflower (Helianthus schweinitzii). • Located and identified numerous previously unreported populations of Threatened Dwarf Heartleaf (Hexastylis naniflora). • Found Schweinitz's Sunflower at Redlair Farm in Gaston County, NC. This discovery led (in part) to the purchase of the site by the State of North Carolina Plant Conservation Program, now called Redlair Preserve. This population has become a Recovery Site for the species. • Participated in numerous Piedmont Prairie restoration projects in Mecklenburg, Union, Cabarrus and Gaston Counties, North Carolina. Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. N N U i O Ln oC c� U Cultural Resources Report R.S. Webb & Associates Cultural Resource Management Consultants 2800 Holly Springs Parkway, Suite 200 - P.O. Drawer 1319 Holly Springs, Georgia 30142 Phone: 770-345-0706 - Fax: 770-345-0707 April 8, 2020 Mr. Daniel Kuefler Wetlands & Environmental Planning Group 3714 Spokeshave Lane Matthews, North Carolina 28105 Subject: Findings - Cultural Resources Literature Search University Research Park Development Tract Charlotte-Derita, Mecklenburg County, North Carolina R.S. Webb & Associates Project No. 20-649-123 Dear Mr. Kuefler: BACKGROUND During March 2020, R.S. Webb & Associates conducted a desk -top cultural resources literature review for the proposed University Research Park development tract near Derita, Mecklenburg County, North Carolina. The review was conducted to identify previously recorded cultural resources located within or near the project area. A "cultural resource" is defined as a discrete area of human activity that is more than 50 years old. The study tract is located on the north side of Mallard Creek, east of Mallard Creek Road in northeast -central Mecklenburg County, North Carolina. The project area is on the USGS Derita, North Carolina 7.5-minute quadrangle map (Figure 1). METHODOLOGY Literature and Records Search: Through the State Historic Preservation Office's (SHPO) HPOWeb database, information regarding National Register of Historic Places (NRHP) properties, Mecklenburg County historic structures, and other surveyed, studied, and/or determined -eligible historic resources was reviewed and collected. Historic county maps were viewed online through North Carolina Maps, a collaboration of the University of North Carolina, the State Archives of North Carolina, and the Outer Banks History Center. Historic aerial photography and additional historic maps were accessed through Historicaerials.com, Earthexplorer.usgs.gov, Legacy.lib.utexas.edu/maps/and Alabamamaps. ua.edu. Note: The North Carolina Office of State Archaeology (OSA) was closed to the public and to consultants on March 17, 2020 due to the COVID 19 emergency. Therefore, research regarding the presence or absence of recorded archeological sites in or near the study area was performed through electronic communication with OSA personnel. The following primary sources were found to be useful in searching for historic resources within and adjacent to the project area: • 1910 USDA Soil Map of Mecklenburg County • 1911 County Commissioner's Map of Mecklenburg County Findings - Cultural Resources Literature Search, University Research Park Development Tract Page 2 April 8, 2020 • 1912 Rural Delivery Map of Mecklenburg County • 1930, 1936, 1938, 1953, 1968, 1972, and 1980 State Highway and Public Works Commission Map of Mecklenburg County • 1983 and 1986 Charlotte -Mecklenburg Metropolitan Planning Organization - Thoroughfare Plan Maps of Mecklenburg County • 1948 USGS Derita, North Carolina 7.5 Quadrangle Map • 1956 and 1968 aerial photographs of Mecklenburg County • Google Earth Aerial imagery, 1993-Present RESULTS Previous Cultural Resources Investigations: According to maps provided by the OSA, there have been at least seven previously planned and/or preformed cultural resources investigation projects conducted within 1.0 mile of the current project tract. Two of these projects, ER18-0707 and ER 19-0835, were planned and/or performed within 1,000 feet of the current project area but do not overlap with it (Figure 1). National Register of Historic Places: There are no NRHP-listed historic properties located within 1.0 mile of the project area. State Study List Properties and Properties Determined -Eligible for the NRHP: No State Study List sites or Determined -Eligible properties are located within 1.0 mile of the study tract. Mecklenburg County Historic Resources: The HPOWeb on-line database indicates that there are four surveyed -only historic resources located within 1.0 mile of the project tract. These resources were identified either by survey (1990) or by other types cultural resources identification projects (e.g., road or bridge improvement studies), but they have not been assessed for historic integrity or NRHP- eligibility. The closest of these properties, Resource MK-3260 (aka Bridge No. 83), is located approximately 780 feet west of the project area (Figure 1). Google Earth imagery indicates that the associated roadway (Mallard Creek Road) was widened, and that the historic bridge was either replaced, heavily modified and/or it was encapsulated within a replacement structure between January 1993 and March 1998. OSA-Recognized Archeological Sites: According to OSA personnel, there are 10 recorded archeological sites located within 1.0 mile of the project tract. The closest site, 31MK11, is a prehistoric lithic scatter located approximately 600 feet west of the project area; the site has not been assessed for NRHP-eligibility (Figure 1). Historic Cemeteries: Historic maps and aerial photographs show no cemeteries located within or adjacent to the project area. Revolutionary War Actions/Features: After capturing Savannah, Georgia (December 1778) and Charleston, South Carolina (May 1780), Sir Henry Clinton returned to New York and left Charles (Lord Cornwallis) and just more than 8,000 troops to conquer North Carolina. Following victory at Camden, South Carolina, the British aimed to occupy Charlotte and to restore the Royal government there. However, resistence to Cornwallis' movement was substantial, and it took his army 17 days to march the 70 miles from Camden to Charlotte. Upon Cornwallis' arrival at Findings - Cultural Resources Literature Search, University Research Park Development Tract Page 3 April 8, 2020 Charlotte on October 3,1780, the rebels constantly harassed his foraging parties, captured his scouts, and captured or killed his messengers. As a result, it took nearly a week for Cornwallis to learn of the defeat of his left wing at King's Mountain. Following a series of small skirmishes around Charlotte (though none were located near the project area), Corwallis abandoned this first attempt to subdue North Carolina, calling the vicinity a "hornet's nest" of rebellion. Cornwallis retreated south to Winnsborough, South Carolina and made a second attempt at North Carolina the following campaign season (1781); this time he bypassed the Charlotte/Mecklenburg County area to the west and north (Powell 1989, Lewis 2011). Civil War Actions/Features: Review of the Official Military Atlas of the Civil War (Davis et al. 1983) revealed that no significant Civil War military activity occurred in present Mecklenburg County, North Carolina. Union General William T. Sherman, following the capture of Columbia, South Carolina on February 17, 1865, moved north to the vicinity of Lancaster County, South Carolina, but his army then turned northeast and moved toward Laurel Hill and Fayetteville, North Carolina, thus bypassing the project region to the south and east (Davis et al. 1983). Structures on Historic Maps and Aerial Photographs: Maps of Mecklenburg County produced during the period 1910-1912 show Mallard Creek Church Road well to the north and the meandering (since straightened) course of Mallard Creek Road just west of the project tract. Secondary roads, with structures along their courses, passed northeast and southwest of the project area (Figure 1). State highway or Road Commission maps produced during the period 1930-1938 indicate evolution in the course of Mallard Creek Road with the current route assumed by the latter date. None of these maps, however, show additional roads or structures located in or near the study tract. The 1948 Derita quadrangle map shows (Figure 1): Island Park Circle, a historic segment of Mallard Creek Road located 250 feet east of the study area; Alexander Road, a remnant of a historic through road located 600 feet north of the of the study area; and what may have been Lagrange Road, a remnant of an historic though road located 2,000 feet east of the study area. Structures were depicted along the east of project side of former route and at the terminal ends of the latter two roads. Highway maps produced during the period 1953-1980 also show roads approaching the study area from the north, west, and east, but the maps depict no structures. The 1988 Charlotte -Mecklenburg Thoroughfare Plan map shows the Governor Hunt Road/David Taylor Drive courses that form the north study area boundary (these routes did not appear on a 1983 verison of the same map). The 2019 Derita, North Carolina quadrangle map shows the Mallard Creek Greenway passing along the south study area boundary (Figure 1) ; this feature also appears on aerial photographs from 1993. Aerial photographs taken in 1956 show the altered course of Mallard Creek Road and the remaining arched section of roadway (now Island Park Circle) located west of the project area with structures along its course. The project tract was almost entirely wooded in 1956, with the more heavily vegetated areas located in the northeast and west parts of the tract. Land still in cultivation, centered on a house located at the south end of Alexander Road, extended to near the north project area boundary; cultivated land was located near the creek in and near the east part of the study tract. No structures or other features appeared in or near the project area in 1956. Aerial photographs from 1968 show no change other than the further maturation of above -described wooded areas. Findings - Cultural Resources Literature Search, University Research Park Development Tract Page 4 April 8, 2020 CONCLUSIONS There are no NRHP-listed properties, known archeological sites or recorded historic resources located within or near the project tract. A historic bridge site and an unassessed archeological site lie 600 feet and more west of the study area. Historic maps and aerial photographs indicate no human occupation and some agricultural use of the study area during the 20' century. CLOSING COMMENTS Mr. Rindner, we appreciate the opportunity to work with you on this project. If you have any questions or comments, please contact me at 770-345-0706. Sincerely, R.S. WEBB & ASSOCIATES qJ.B Robert S. (Steve) Webb President and Senior Principal Archeologist Attachments: Figure 1 REFERENCES Davis, G.B., L.J. Perry and J.W. Kirkley, compiled by C.D. Cowles 1983 Atlas to Accompany the Official Records of the Union and Confederate Armies. Reprint of the 1891-1895 edition. The Fairfax Press, New York. Lewis, J.D. 2013 "The Known Battles & Skirmishes in South Carolina." The American Revolution in South Carolina. Internet -Online. Found at: http://www.carolana.com/SC/ Revolution/. Accessed November 17, 2019. Powell, W.S. 1989 North Carolina Through Four Centuries. University of North Carolina Press, Chapel Hill and London. R 1 -0707 a f Alexander Road 700 T`1 o _q • Q • ER 19-0835 n'RN ❑ 13 •�`y� Project Area Resource �0� - MK3260� ❑ _ Lagrange. (Bridge No..83) ❑ Road/Carnegie Boulevard <31MK11 ■ Island CiMck Circle Mallard Creek �y 13 r a Greenway----------+ �o ❑ Structure on Historic Maps Previous Cultural Resource Project O Recorded Archeological Site "" Road on Historic Maps Map Reference: 7.5-Minute USGS Quadrangle Scale Derita (2019), NC 0 305 meters 0 1000 feet Figure 1 Project Area and Cultural Resources Location Map El Approvals / Authorizations ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANI£L SMITH Director NORTH CAROLINA Environmental Quality August 3, 2020 DWR# 20-0887 Mecklenburg County Mr. Matthew Browder Summit Avenue URP, LLP 1440 South Tryon Str., Ste. 104 Charlotte, NC 29203 Subject: APPROVAL of 401 Water Quality Certification with Additional Conditions Project URP Dear Mr. Browder: You have our approval, in accordance with the General Certification and those conditions listed below, for the purpose proposed in your application dated and received by the Division of Water Resources (the Division) on July 7, 2020. After reviewing your application, we have determined that this project is covered b+y 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 39 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 Qi� North Carolina Department of Environmental Quality I Division of Water Resources Mooresville Regional Office 1 610 East Center Avenue, Suite 301 1 Mooresville, North Carolina 28115 N11H fH (:A�i(1!.INA � n.w O'tore'wml talQ"I 704.663.1699 3. Approved Impacts: Type of Impact Amount Approved Temporary Impact Amount Approved Permanent Impact Stream 45 linear ft. 228 linear ft. Wetland (HWF) 0 acre 0.010 acre 4. 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) 5. 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) 6. 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 7. Stormwater discharge structures at this site shall be constructed in a manner such that the potential receiving streams (of the discharge) will not be impacted due to sediment accumulations, scouring or erosion of the stream banks. 15A NCAC 02H .0506(b)(5) 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. The stream shall be restored and elevation adjusted at the location of the pump around and proposed inlet location above the proposed cantilever overlook. The proposed plan shall be approved by DWR. 15A NCAC 02H.0506(b)(2) 10. 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) 11. Immediately upon completion of the installation of a culvert or removal of a flow restricting device, water flow shall be returned to its natural course. Existing stream dimensions (including the cross section dimensions, pattern, and longitudinal profile) must be maintained (or restored via constructed benches) above and below locations of each culvert. If any of the existing pipes are or become perched and/or the stream degrades due to the construction/installation of a culvert, the stream shall be restored or culvert replaced. Monitoring of the culvert(s) shall be required quarterly and following 10 yr. rain event for a period of two (2) years to ensure stream stability. If conditions warrant, monitoring may be terminated by DWR. A report with photos of each culvert shall be provided following each inspection. 15A NCAC 02H.0506(b)(2) 12. 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 13. 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) 14. 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://edocs.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 (919) 431-3000. 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 (919) 431-3100, 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, CA DocuSigned by: .r44tW H P441ft for F161FB69A2D84A3... Corey Basinger, Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office, DEQ Attachment cc: Bryan Rhoden Reynolds, Army Corps of Engineers, Charlotte, email Len Rindner, WPEG, email 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 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2020-00946 County: Mecklenburg U.S.G.S. Quad: NC-Derita GENERAL PERNHT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: Summit Avenue URP, LLP Matthew Browder Address: 1440 South Tryon Street, Suite 104 Charlotte, NC 29203 Telephone Number: 646-346-8871 E-mail: matt(&browdergroup.com Size (acres) —81 Nearest Town Charlotte Nearest Waterway Mallard Creek River Basin Upper Pee Dee USGS HUC 03040105 Coordinates Latitude: 35.3276 Longitude:-80.7690 Location description: The review area is located on the south side of Governor Hunt Road; approximately 0.1 miles east of the intersection of Governor Hunt Road and Mallard Creek Road. PIN: 04713104. Reference review area description shown in Pre -Construction Notification package entitled "Figure 1, Vicinity Mad' and Dated 02/23/2020. Description of projects area and activity: This verification authorizes the permanent stream impacts of 228 linear feet along with temnorary stream impacts of 45 linear feet to facilitate the development of commercial develonment of a camnus consisting of the East Campus, West Campus, University Training Center, daycare facility, and Data Center. All temporary stream impacts will be restored to pre-existing conditions after the completion of construction. Table 1 nrovides a summary of all nronosed impacts. Feature Impacted Duration of Impact Amount of Impact Reason for Impact Stream C Permanent 152 linear feet Culvert installation Stream C Temporary 20 linear feet Dewatering activities Stream C Temporary 20 linear feet Construction access Stream G Permanent 76 linear feet Grading Stream G Temporary 5 linear feet Construction access PERMANENT STREAM IMPACTS 228 linear feet TEMPORARY STREAM IMPACTS 45 linear feet Applicable Law(s): 0 Section 404 (Clean Water Act, 33 USC 1344) ❑ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: NWP 39. Commercial and Institutional 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 7/8/2020, and the enclosed plans Overall Site Plan (Figures 15-25 dated 6/30/2020. 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 919-807-6300) 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 (252) 808-2808. 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 brvan.roden-reynolds(a)usace.army.mil. RODEN Corps Regulatory Official: REYNOLDS.BRYAN.KENNETH.1263385574 Expiration Date of Verification: 03/18/2022 Dig iMily signed by BODEN BEYNOLDS.BWAN.KENNETH.1263385574 Date: 2020.07.30 12:5920 -04'00' Date: 7/30/2020 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://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0 Copy furnished: Agent: Wetlands and Environmental Planning Group Daniel Kuefler Address: 10612-D Providence Road, PMB 550 Charlotte, NC 28277 Telephone Number: 336-554-2728 E-mail: Daniel.kuefler(a,wetlands-epg.com SAW-2020-00946 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. Action ID Number: SAW-2020-00946 County: Mecklenburg Permittee: Summit Avenue URP, LLP, Matthew Browder Project Name: Project URP Date Verification Issued: 7/30/2020 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 bryan.roden-reynolds@us ace. army. mil 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 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: Summit Avenue URP, LLP, Matthew Browder 1.2 Activity location: Latitude- 35.3276 Longitude:-80.7690 Location description: The review area is located on the south side of Governor Hunt Road; approximately 0.1 miles east of the intersection of Governor Hunt Road and Mallard Creek Road. PIN: 04713104. Reference review area description shown in Pre -Construction Notification package entitled "Figure 1, Vicinity Map" and Dated 02/23/2020. 1.3 Description of activity requiring verification -This verification would authorize the permanent stream impacts of 228 linear feet along with temporary stream impacts of 45 linear feet to facilitate the development of commercial development of a campus consisting of the East Campus, West Campus, University Training Center, daycare facility, and Data Center. All temporary stream impacts will be restored to pre-existing conditions after the completion of construction. Table 1 provides a summary of all proposed impacts. 1.4 Is this an After -the -Fact verification? No. 1.5 Date PCN determined complete for processing 7/15/2020 1.6 Jurisdiction Determination completed? A Preliminary JD was completed on 6/10/2020. 1.7 Permit authority: Section 404 of the Clean Water Act (33 USC 1344) 1.8 Applicable Permit: NWP 39. Commercial and Institutional 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 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 is covered with successional mixed pine and hardwood forest, with slopes and drainage flowing into Mallard Creek which forms the southern review area boundary. General land use in the vicinity of the review area consists of commercial development. 2.3 Coordination 2.3.1 Was the PCN coordinated with other agencies? No. Agency coordination with the USFWS is required for the Northern Long Eared Bat. However, the Corps is not required to wait for a response from the USFWS Asheville Office in accordance with local procedures. 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 stream channel associated with the activity is greater than 150 linear feet. 2.4.3 Type and location of compensatory mitigation Is the impact in the service area of an approved mitigation bank? Yes. If yes, dog- 11 ) 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 2 Table 2: Mitigation Type and Location bank credits -Mitigation In -lieu fee program credits x ittee-res onsible mitigation under a watershed approach -Perm ittee-res onsible mitigation, on -site and in -kind -Perm -Perm ittee-res onsible 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. II yeti, provlUe llle IdUUlldle IUI Uie 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: 418 linear feet of stream credit 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. Impacted Streams C and G were accessed for quality using the North Carolina Stream Assessment Methodology and determined Stream C is high quality and Stream G is low quality. Based on the quality of the streams compensatory mitigation ratios are as follows: 1) Stream C, 2:1 for 152 linear feet (304 linear feet of stream credit); and 2) Stream G, 1.5:1 for 76 linear feet (114 feet of stream credit). 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. 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 Mecklenburg County: NAME: Northern Long-eared Bat (Myotis septentrionalis) STATUS: Threatened NAME: Carolina heelsplitter (Lasmigona decorata) STATUS: Endangered NAME: Rusty -patched bumble bee (Bombus affinis) STATUS: Endangered NAME: Michaux's sumac (Rhus michauxii) STATUS: Endangered NAME: Smooth coneflower (Echinacea laevigata) 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 no protected species located within or in the vicinity of the action area. The Corps has determined the proposed activity will not directly or indirectly affect any species subject to the ESA. 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). The USACE reviewed this project in accordance with (IAW) the NLEB Standard Local Operating Procedures for Endangered Species (SLOPES) between the USACE, Wilmington District, and the Asheville and Raleigh U.S. Fish and Wildlife Service (Service) Offices, and determined that the action area for this project is located outside of the highlighted areas/red 12-digit HUCs and activities in the action area do not require prohibited incidental take; as such, this project meets the criteria for the 4(d) rule and any associated take is exempted/excepted. IAW the NLEB SLOPES, the USACE sent a Situation 1 email to the Service on July 15, 2020, informing them about this project. Service Concurrence: as established in the NLEB SLOPES, this project does not require prohibited intentional take of the NLEB and it meets the criteria for the 4(d) rule; therefore any associated take is exempt and it is not necessary for the USACE to wait 30 days for the Service to object or concur. 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 and aerial photographs, 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 will have no effect on properties listed or eligible for listing in the National Register of Historic Places. 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 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. 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. RODEN Digital Iysigned by RODEN REYNOLDS.BRYAN.KENNETH.12 4ErnoLDs.sRVAN.KENNETH.iz633sss7 63385574 Date: 2020.07.30 12:58:54-04'00' Bryan Roden -Reynolds Date- 7/30/2020 Compensatory Mitigation Responsibility Transfer Form Permittee: Summit Avenue URP, LLP, Matthew Browder Project Name: Project URP Action ID: SAW-2020-00946 County: Mecklenburg 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 8-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 228 *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 418 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 7/1/2020 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, NC 27587 (email: todd.tugwell@usace.army. mil). 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.roden-reynolds@usace.army.mil RODEN Digitally signed by RODEN REYNOLDS.BRYAN.KENNETH.12 REYNOLDS.BRYANXENNETH.1263385574 63385574 Date: 2020.07.30 12:58:31-04'00' 7/30/2020 USACE Project Manager Signature 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 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2020-00946 County: Mecklenburg U.S.G.S. Quad: NC- Derita NOTIFICATION OF JURISDICTIONAL DETERMINATION Requestor: Summit Avenue URP, LLC Matthew Browder Address: 1440 South Tryon Street, Suite 104 Charlotte, NC 29203 Telephone Number: 646-346-8871 E-mail: mattna,browdergroua.com Size (acres) 80.9 Nearest Waterway Mallard Creek USGS HUC 03040105 Nearest Town Charlotte River Basin Upper Pee Dee Coordinates Latitude:35.3276 Longitude:-80.7690 Location description: The review area is located on the south side of Governor Hunt Road, 0.16 miles east of the intersection of Mallard Creek Road and Governor Hunt Road. PIN. 0471310. Indicate Which of the Following Apply: A. Preliminary Determination ® There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The waters, including wetlands have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. The approximate boundaries of these waters are shown on the enclosed delineation map dated 2/23/2020. Therefore, this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. ❑ There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the waters, including wetlands have not been properly delineated, this preliminary jurisdiction determination may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an effective presumption of CWA/RHA jurisdiction over all of the waters, including wetlands at the project area, which is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters, including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. B. Approved Determination ❑ There are Navigable Waters of the United States within the above described project area/property subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ There are waters, including wetlandson the above described project area/property subject to the permit requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ We recommend you have the waters, including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. ❑ The waters, including wetlands on your project area/property have been delineated and the delineation has been verified by the Corps. The approximate boundaries of these waters are shown on the enclosed delineation map dated DATE. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once SAW-2020-00946 verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. ❑ The waters, including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by die Corps Regulatory Official identified below onDATE. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ There are no waters of the U.S., to include wetlands, present on the above described project area/property which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in Morehead City, NC, at (252) 808-2808 to determine their requirements. Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or till material, construction or placement of structures, or work within navigable waters of the United States without a Department of the Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions regarding this determination and/or the Corps regulatory program, please contact David L. Shaeffer at 704-510-1437 or david.l.shaeffer(&usace.army.mil. C. Basis For Determination: Basis For Determination: See the preliminary jurisdictional determination form dated 06/10/2020. D. Remarks: None. E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) This correspondence constitutes an approved jurisdictional 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 1 OM15 Atlanta, Georgia 30303-8801 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 fornh, 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 tie determination in this correspondence.** Digitally signed by S/' N SH AEFFER.DAVIDIEIGH.1250750573 Corps Regulatory Official: 3 Date 20200610122405-04'00' Date of JD: 06/10/2020 Expiration Date of JD: Not applicable SAW-2020-00946 The Wihnington 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://cot-psmapu.usacc.at-my.mil/cm_apex/f'?p= 136:4:0 Copy furnished: Agent: Wetlands and Environmental Plannine Group Daniel Kuefler Address: 10612-D Providence Road Charlotte, NC 28277 Telephone Number: 336-554-2728 E-mail: daniel.kuefler(awetlands-ep2.com NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: Summit Avenue URP, LLC, Matthew File Number: SAW-2020-00946 Date: 06/10/2020 Browder 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 httr)://www.usace.army.mil/Missions/CivilWorks/ReaulatoryProg-ramandPermits.asox 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 IT 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 IT 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 Cotes to reevaluate the JD. SECTION IT - REOUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PWFFERED 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 INFOJ If you have questions regarding this decision and/or the appeal process you may contact: District Engineer, Wilmington Regulatory Division Attn: David L. Shaeffer Charlotte Regulatory Office U.S Army Corps of Engineers 8430 University Executive Park Drive, Suite 615 Charlotte, North Carolina 28262 A TION: If you only have questions regarding the appeal process you may also contact: Mr. Phillip Shannin, Administrative Appeal Review Officer CESAD-PDO U.S. Army Corps of Engineers, South Atlantic Division 60 Forsyth Street, Room 1OM15 Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 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 ODDortunity to DarticiDate in all site investigations. Date: of appellant or For appeals on Initial Proffered Permits send this form to: Telephone number: District Engineer, Wilmington Regulatory Division, Attn: David L. Shaeffer, 69 Darlington Avenue, Wilmington, North Carolina 28403 For Permit denials, Proffered Permits and Approved Jurisdietional 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: (404) 562-5137 PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: 06/10/2020 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Summit Avenue URP, LLC, Matthew Browder, 1440 South Tryon Street, Suite 104, Charlotte, NC 29203 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Project URP, SAW-2020- 00946 D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The review area is located on the south side of Governor Hunt Road, 0.16 miles east of the intersection of Mallard Creek Road and Governor Hunt Road. PIN. 0471310. (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: NC County: Mecklenburg City: Charlotte Center coordinates of site (lat/long in degree decimal format): Latitude: 35.3276 Longitude:-80.7690 Universal Transverse Mercator: Name of nearest waterbody: Mallard Creek E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ©Office (Desk) Determination. Date: 6/10/2020 by the Corps ❑ Field Determination. Date(s): TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION Site Number Latitude (decimal degrees) Longitude (decimal degrees) Estimated amount of aquatic resources in review area (acreage and linear feet, if applicable Type of aquatic resources (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) Stream A 35.3286 -80.7704 1500 feet Non -Wetland 404 Stream B 35.3264 -80.7697 75 feet Non -Wetland 404 Stream C 35.3272 -80.7658 700 feet Non -Wetland 404 Wetland D 35.3266 -80.7655 0.2 acre Wetland 404 Wetland E 35.3254 -80.7621 0.01 acre Wetland 404 Stream F 35.3283 -80.7627 1600 feet Non -Wetland 404 Stream G 35.3262 -80.7611 200 feet Non -Wetland 404 Wetland H 35.3261 -80.7613 0.05 acre Wetland 404 Stream 1 35.3284 -80.7623 150 feet Non -Wetland 404 Wetland II 35.3281 -80.7623 0.01 acre Wetland 404 Mallard Creek 35.3236 -80.7609 2475 feet Non -Wetland 404 1. The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an approved JD (AJD) for that review area based on an informed decision after having discussed the various types of JDs and their characteristics and circumstances when they may be appropriate. 2. In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre- construction notification" (PCN), or requests verification for a non -reporting NWP or other general permit, and the permit applicant has not requested an AJD for the activity, the permit applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit authorization based on a PJD, which does not make an official determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an AJD could possibly result in less compensatory mitigation being required or different special conditions; (3) the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) undertaking any activity in reliance upon the subject permit authorization without requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AJD or a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it becomes appropriate to make an official determination whether geographic jurisdiction exists over aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic resources in the review area, the Corps will provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that there "may be " waters of the U.S. and/or that there "may be " navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the review area that could be affected by the proposed activity, based on the following information: SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items are included in the administrative record and are appropriately cited: ® Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Map: Figure 6 dated 02/23/2020 0 Data sheets prepared/submitted by or on behalf of the PJD requestor. Datasheets: Wetland D and Upland DPI dated 02/23/2020 ❑ Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. Rationale: ❑ Data sheets prepared by the Corps: ❑Corps navigable waters' study: ❑U.S. Geological Survey Hydrologic Atlas: ❑USGS NHD data: ❑ USGS 8 and 12 digit HUC maps: ©U.S. Geological Survey map(s). Cite scale & quad name: Figure 3 dated 02/23/2020 ©Natural Resources Conservation Service Soil Survey. Citation: Figure 4 dated 02/23/2020 ❑National wetlands inventory map(s). Cite name: ❑ State/local wetland inventory map(s): ❑ FEMA/FIRM maps: ❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929) ❑N Photographs: ❑N Aerial (Name & Date): Figure 2 dated 02/23/2020 or ® Other (Name & Date): Site Photos 1-6 dated 02/23/2020 El Previous determination(s). File no. and date of response letter: ❑N Other information (please specify): Parcel Map - Figure 5 dated 02/23/2020, Vicinity Map - Figure 1 dated 02/23/2020, NCDENR Stream Evaluations (Stream A&C) dated 02/23/2020 IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corns and should not be relied upon for later Jurisdictional determinations. Digitally signed by SHAEFFER.DAVID.LEIGH.12 360750573 •�i Date: 2020.06.10 12:24:35 -04'00' Signature and date of Regulatory staff member completing PJD 06/ 10/2020 Signature and date of person requesting PJD (REQUIRED, unless obtaining the signature is impracticable) 1 1 Districts may establish timeframes for requester to return signed PJD forms. Tf the requester does not respond within the established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action. N PROPERTY BOUNDARY STUDY LIMITS - t r F r -� PERENNIAL WETLAND II INTERMITTENT • , STREAM F STREAM 1 -0.01 ac IV!,�: k"- ,. INTERMITTENT 1600If 150If STREAM C- 1 NCDEQ 700 If t F STREAM �' ,?.• t` ' FORM A - '"_ t STREAM �'f'r �.- �• � +�;�.3l, - FORM C 1 �, ;•r � INTERMITTENT PERENNIAL ,s� f s' ` - — ``}��� STREAM A -1,500 If USACE .,. r• WETLAND FORM �• _ t j �i INTE RMI. 4 ti .1 I i ti STREAM B�- i* �• 1 ` ,. jG! WETLAND D •:k�.:ii Lam`. �` '.� .,�' ,4 �:�' r '�„ �` .• �1, 0.2 act WETLAND H 4• . f of ` r r r A* 0.05 ac �:. a.,. 'u LEG=iqC. WETLAND E m �`= Project boundary study limits -0.01 ac_- 1 MALLARD CREEKOW Legend - 2,4751f Stream � VJetlan d - --jectfioundary 0 17 —2FtContours Landscape photoidirection - Feet Prepared for: Project URP Drawn By: Reviewed By: FIGURE 6 Wetlands and Environmental Planning Group Mecklenburg Co., NC NRN DCI< Summit Avenue URP, LLC DELINEATION MAP 2/23/20 For study purposes only - Subject to USACE/NCDEQ verification