20240130 Ver 2_Penler_Creston Circle_PCN_03122024_20240312

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Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.4 January 2009
Pre -Construction Notification (PCN) Form
A.
Applicant Information
1.
Processing
1a.
Type(s) of approval sought from the Corps:
❑X Section 404 Permit ❑ Section 10 Permit
1 b.
Specify Nationwide Permit (NWP) number: 39 or General Permit (GP) number:
1c.
Has the NWP or GP number been verified by the Corps?
❑ Yes ❑X No
1d.
Type(s) of approval sought from the DWQ (check all that apply):
❑X 401 Water Quality Certification — Regular ❑ Non-404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization
1e.
Is this notification solely for the record
because written approval is not required?
For the record only for DWQ
401 Certification:
❑ Yes ❑X No
For the record only for Corps Permit:
❑ Yes ❑X No
1f.
Is payment into a mitigation bank or in -lieu fee program proposed for
mitigation of impacts? If so, attach the acceptance letter from mitigation bank
or in -lieu fee program.
❑ Yes ❑X No
1 g.
Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below.
❑ Yes ❑X No
1 h.
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes ❑X No
2.
Project Information
2a.
Name of project:
Creston Circle
2b.
County:
Mecklenburg
2c.
Nearest municipality / town:
Mount Holly
2d.
Subdivision name:
2e.
NCDOT only, T.I.P. or state project no:
3.
Owner Information
3a.
Name(s) on Recorded Deed:
Multiple. see attached
3b.
Deed Book and Page No.
3c.
Responsible Party (for LLC if
applicable):
3d.
Street address:
3e.
City, state, zip:
3f.
Telephone no.:
3g.
Fax no.:
3h.
Email address:
Page 1 of 10
PCN Form — Version 1.4 January 2009

4.
Applicant Information (if different from owner)
4a.
Applicant is:
❑X Agent ❑ Other, specify:
4b.
Name:
Mr. William McGuire
4c.
Business name
(if applicable):
Penler
4d.
Street address:
2964 Peachtree Rd., NW, Ste 275
4e.
City, state, zip:
Atlanta, GA 30305
4f.
Telephone no.:
704-576-6500
4g.
Fax no.:
4h.
Email address:
[e-mail]
5.
Agent/Consultant Information (if applicable)
5a.
Name:
Lisa Long
5b.
Business name
(if applicable):
WSP USA
5c.
Street address:
1001 Wade Avenue, Suite 400
5d.
City, state, zip:
Raleigh, NC 27605
5e.
Telephone no.:
804-564-9813
5f.
Fax no.:
5g.
Email address:
[e-mail]
Page 2 of 10

B.
Project Information and Prior Project History
1.
Property Identification
1a.
Property identification no. (tax PIN or parcel ID):
mulitple, see attached
1b.
Site coordinates (in decimal degrees):
Latitude: 35.298104 Longitude:-80.982044
1c.
Property size:
24.29 acres
2.
Surface Waters
2a.
Name of nearest body of water to proposed project:
Long Creek
2b.
Water Quality Classification of nearest receiving water:
WS-IV
2c.
River basin:
Catawba
3.
Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
The Penler Mount Holly Road site is approximately 24.29 acres located at 10837 Mount Holly Road in Charlotte, North Carolina within Mecklenburg
County. The site is comprised primarily of forested area, with several residences as well as a commercial building. A sewerline easement is present
adjacent to a stream channel, and small powerline corridors. The site is bounded by forested areas and residential development to the east, west, and
­,th ­1 1- Mount Holiv Road liqht ­mmercial development residential development and forested areas to the nnah
3b.
List the total estimated acreage of all existing wetlands on the property: 0
3c.
List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 1,678.1
3d. Explain the purpose of the proposed project:
The purpose of the project is to construct a multiuse development consisting of high -density residential and commercial buildings with community cohe,
3e.
Describe the overall project in detail, including the type of equipment to be used:
4.
Jurisdictional Determinations
4a.
Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
project (includingall prior phases)in the past?
❑X Yes ❑ No ❑ Unknown
Comments:
4b.
If the Corps made the jurisdictional determination, what type
of determination was made?
❑X Preliminary ❑ Final
4c.
If yes, who delineated the jurisdictional areas?
Name (if known): Jan Gay, WSP
Agency/Consultant Company:
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
12/7/2022 - Preliminary Jurisdictional Determinations for SAW-2022-02321 received from Bryan Roden -Reynolds of the USACE
5.
Project History
5a.
Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past?
❑Yes ❑X No ❑ Unknown
5b.
If yes, explain in detail according to "help file" instructions.
6.
Future Project Plans
6a.
Is this a phased project?
❑ Yes ❑X No
6b.
If yes, explain.
Page 3 of 10
PCN Form - Version 1.4 January 2009

C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
❑ Wetlands ❑X Streams — tributaries ❑ Buffers ❑X Open Waters ❑ Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a.
Wetland impact
number
Permanent (P) or
Temporary T
2b.
Type of impact
2c.
Type of wetland
2d.
Forested
2e.
Type of jurisdiction
Corps (404,10) or
DWQ (401, other)
2f.
Area of
impact
(acres)
W1
Choose one
Choose one
Yes/No
W2
Choose one
Choose one
Yes/No
W3
Choose one
Choose one
Yes/No
W4
Choose one
Choose one
Yes/No
W5
Choose one
Choose one
Yes/No
W6
Choose one
Choose one
Yes/No
2g. Total Wetland Impacts:
0
2h. Comments:
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a.
Stream impact
number
Permanent (P) or
Temporary (T)
3b.
Type of impact
3c.
Stream name
3d.
Perennial (PER) or
intermittent (INT)?
3e.
Type of
jurisdiction
3f.
Average
stream
width
(feet)
3g.
Impact
length
(linear
feet)
S1 P
Culvert
SA
INT
Corps
6.7
77
S2 T
Culvert
SA
INT
Corps
3.2
11
S3 T
Construction buffer
SA
INT
Corps
5.4
40
S4
Choose one
S5
Choose one
S6
Choose one
3h. Total stream and tributary impacts
77
3i. Comments:
Page 4 of 10
PCN Form — Version 1.4 January 2009

4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then indivi ually list all open water impacts below.
4a.
Open water
impact number
Permanent (P) or
Tem orar T
4b.
Name of waterbody
(if applicable)
4c.
Type of impact
4d.
Waterbody
type
4e.
Area of impact (acres)
01 P
PA
Fill
Pond
0.11
02 P
PA
Fill
Pond
0.06
03
Choose one
Choose
04
Choose one
Choose
4f. Total open water impacts
0.17
4g. Comments:.1 his feature is a s ormwa er pond with no outlet whose water source is runott Trom adjacent yards. it was determined to be non -
jurisdictional in the 12/7/2022 PJD.
5. Pond or Lake Construction
If pond or lake construction proposed, the complete the chart below.
5a.
Pond ID number
5b.
Proposed use or
purpose of pond
5c.
Wetland Impacts (acres)
5d.
Stream Impacts (feet)
5e.
Upland
(acres)
Flooded
Filled
Excavated
Flooded
Filled
Excavated
P1
Choose one
P2
Choose one
5f. Total:
5g. Comments:
5h. Is a dam high hazard permit required?
❑ Yes ❑ No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If any impacts require mitigation, then you MUST fill out Section D of this form.
6a. Project is in which protected basin?
❑ Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Randleman ❑ Other:
6b.
Buffer Impact
number -
Permanent (P) or
Temporary T
6c.
Reason for impact
6d.
Stream name
6e.
Buffer
mitigation
required?
6f.
Zone 1
impact
(square
feet)
6g.
Zone 2
impact
(square
feet
B1
Yes/No
B2
Yes/No
B3
Yes/No
B4
Yes/No
B5
Yes/No
B6
Yes/No
6h. Total Buffer Impacts:
6i. Comments:
Page 5 of 10

D.
Impact Justification and Mitigation
1.
Avoidance and Minimization
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
Impacts to jurisdictional features have been avoided and minimized to the maximum extent practicable by incorporating resourceful site planning,
including utilization of the wetland/stream delineation to adjust the layout of the Site design to avoid and minimize impacts. The remaining impacts are
necessary in order for the project's goals to be realized. The proposed culvert replaces an existing culvert at a reconfigured angle suitable to the
entrance drive. The entry drive location is a required public network street whose crossing is determined by the location of the existing adjacent drive.
1b.
Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
2.
Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a.
Does the project require Compensatory Mitigation for
impacts to Waters of the U.S. or Waters of the State?
❑ Yes ❑X No
2b.
If yes, mitigation is required by (check all that apply):
❑ DWQ ❑ Corps
2c.
If yes, which mitigation option will be used for this
project?
❑ Mitigation bank
El Payment to in -lieu fee program
❑ Permittee Responsible Mitigation
3.
Complete if Using a Mitigation Bank
3a.
Name of Mitigation Bank:
3b.
Credits Purchased (attach receipt and letter)
Type: Choose one
Type: Choose one
Type: Choose one
Quantity:
Quantity:
Quantity:
3c. Comments:
4.
Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
❑ Yes
4b.
Stream mitigation requested:
linear feet
4c.
If using stream mitigation, stream temperature:
Choose one
4d.
Buffer mitigation requested (DWQ only):
square feet
4e.
Riparian wetland mitigation requested:
acres
4f.
Non -riparian wetland mitigation requested:
acres
4g.
Coastal (tidal) wetland mitigation requested:
acres
4h.
Comments:
5.
Complete if Using a Permittee Responsible Mitigation Plan
5a.
If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Page 6 of 10
PCN Form — Version 1.4 January 2009

6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
❑ Yes ❑X No
buffer mitigation?
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
6c.
6d.
6e.
Zone
Reason for impact
Total impact
Multiplier
Required mitigation
(square feet)
(square feet)
Zone 1
3 (2 for Catawba)
Zone 2
1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund).
The project occurs within Charlotte -Mecklenburg S.W.I.M and post -development buffer areas. Buffer disturbances will be permitted
6h. Comments: through CMSWS. No state riparian buffers are present in the project area.
Page 7 of 10

E.
Stormwater Management and Diffuse Flow Plan (required by DWQ)
1.
Diffuse Flow Plan
la.
Does the project include or is it adjacent to protected riparian buffers identified
❑ Yes ❑X No
within one of the NC Riparian Buffer Protection Rules?
1b.
If yes, then is a diffuse flow plan included? If no, explain why.
❑ Yes ❑ No
2.
Stormwater Management Plan
2a.
What is the overall percent imperviousness of this project?
2b.
Does this project require a Stormwater Management Plan?
❑X Yes ❑ No
2c.
If this project DOES NOT require a Stormwater Management Plan, explain why:
2d.
If this project DOES require a Stormwater Management Plan, then provide a brief, narrative
description of the plan:
Stormwater
management is provided per City of Charlotte requirements. The overall plan proposes a storm system to maintain the existing drainage
patterns and route through the proposed Wet Pond. Water Quality and Detention are being provided through the Wet Pond.
2e.
Who will be responsible for the review of the Stormwater Management Plan?
Charlotte -Mecklenburg Stormwater Service
3.
Certified Local Government Stormwater Review
3a.
In which localgovernment's jurisdiction is thisproject?
Charlotte -Mecklenburg Stormwater Service
❑X Phase II
❑ NSW
3b.
Which of the following locally -implemented stormwater management programs
❑ USMP
apply (check all that apply):
❑ Water Supply Watershed
❑ Other:
3c.
Has the approved Stormwater Management Plan with proof of approval been
❑Yes ❑X No
attached?
4.
DWQ Stormwater Program Review
❑Coastal counties
❑HQW
4a.
Which of the following state -implemented stormwater management programs apply
❑ORW
(check all that apply):
❑Session Law 2006-246
❑Other:
4b.
Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ❑ No
attached?
5.
DWQ 401 Unit Stormwater Review
5a.
Does the Stormwater Management Plan meet the appropriate requirements?
❑ Yes ❑ No
5b.
Have all of the 401 Unit submittal requirements been met?
❑ Yes ❑ No
Page 8 of 10
PCN Form — Version 1.4 January 2009

F.
Supplementary Information
1.
Environmental Documentation (DWQ Requirement)
1a.
Does the project involve an expenditure of public (federal/state/local) funds or the
❑ Yes
❑X No
use of public (federal/state) land?
1b.
If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State
El Yes
❑ No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1c.
If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
❑ Yes
❑ No
letter.)
Comments:
2.
Violations (DWQ Requirement)
2a.
Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards,
❑Yes
❑X No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b.
Is this an after -the -fact permit application?
❑Yes
❑X No
2c.
If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3.
Cumulative Impacts (DWQ Requirement)
3a.
Will this project (based on past and reasonably anticipated future impacts) result in
El Yes
❑X No
additional development, which could impact nearby downstream water quality?
3b.
If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance
with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
4.
Sewage Disposal (DWQ Requirement)
4a.
Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility.
Sewer in -site is private and routing to the public Charlotte Water sewer system on -site. This Charlotte Water system routes to the McAlpine WWTP.
The flow anticipated from the site is 37,530 GPD. Treatment capacity of the plant is unknown.
Page 9 of 10
PCN Form — Version 1.4 January 2009

5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or
❑X Yes ❑ No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act
❑ Yes ❑X No
impacts?
5c. If yes, indicate the USFWS Field Office you have contacted.
-
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat?
❑ Yes ❑X No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
NOAA EFH mapper
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation
❑X Yes ❑ No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?
❑X Yes ❑ No
8b. If yes, explain how project meets FEMA requirements:
According to FEMA FIRM panel 3710450600L (effective 09/02/2015), the southeastern portions of the project area are located within Zone AE, an
area with 1 % annual chance flood hazard within regulatory floodway. and base flood elevations between 600 and 610 feet above mean sea level. The
remainder of the site is located within Zone X, an area of minimal flood hazard. No impacts to the 100-yr floodplain are anticipated.
8c. What source(s) did you use to make the floodplain determination?
FEMA FIRM panel 3710450600L (effective 09/02/2015)
Lisa Long
Wv�
03-12-2024
Applicant/Agent's Printed Name
Date
Applicant/Agent's Signature
(Agent's signature is valid only if an authorization
letter from the applicant isprovided.)
Page 10 of 10

Penler Mount Holly Road
Mecklenburg County, North Carolina
USACE Pre -Construction Notification (NWP 39) Submittal Package
Attachments
Pre -Filing Meeting Request (email submitted to NCDEQ on November 13, 2023)
Property Owners Table
SAW-2022-02321 Signed PJD
Figure 1 —Site Location Map
Figure 2 — Site Aerial Map
Figure 3 —Topographic Map
Figure 4 — National Wetland Inventory Map
Figure 5 — NRCS Soils Map
Figure 6 — Known Cultural Resources Map
Figure 7 —Jurisdictional Features Map
Plan View and Cross -Section Environmental Impacts Drawing
NC Natural Heritage Program Database Query Correspondence
U.S. Fish and Wildlife Service IPaC Database Query Correspondence
Natural and Cultural Resources Review Technical Report

Long, Lisa
From: 401 PreFile <401 [e-mail]>
Sent: Monday, November 13, 2023 9:17 AM
To: Tudor, Nick
Subject: Automatic reply: [External] 401/Buffer Pre -filing Meeting Request
This email confirms receipt of your pre -filing meeting request. Please retain this email for your records and
submit this documentation as part of your 401 application (PCN Application) as required by federal law. DWR
will not be able to accept your application without this federally required documentation. 401 applications
received without documentation that a pre -filing meeting request was submitted at least 30 days prior will be
returned as incomplete.
Responses to this email are not monitored.
If you need to contact 401/Buffer Permitting Staff, please use the following link(s) to access of staff contact
list(s).
For Non -Transportation Central Staff:
https://deg.nc.gov/about/divisions/water-resources/water-quality-permitting/401-buffer-permitting/401-
buffer-perm itti ng-contacts
For Non -Transportation Regional
Staff: https://edocs.deg.nc.gov/WaterResources/DocView.aspx?dbid=0&id=2162034&cr=1
For all Transportation Projects Including NCDOT Projects:
https://deg.nc.gov/about/divisions/water-resources/water-resources-permits/transportation-
pe rm itti ng/staff-contacts
Email correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties by an authorized
state official.

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SAW-2022-02321
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2022-02321 County: Mecklenburg U.S.G.S. Quad: NC -Mountain Island Lake
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Requestor:
Penler Development
William McGuire
Address:
2964 Peachtree Road NW
Atlanta, GA 30305
Telephone Number:
704-576-6500
E-mail:
wmcguire(&t)enler.com
Size (acres) 22 Nearest Town Charlotte
Nearest Waterway Long Creek River Basin Santee
USGS HUC 03050101 Coordinates Latitude: 35.2989
Longitude:-80.9816
Location description: The review area is located on the south side of Mt. Holly Road; approximately 0.2 miles south of the
intersection of Mt. Holly Road and Mt. Holly-Huntersville Road. PIN: 05302225. Reference review area description shown in
the Jurisdictional Determination Request package entitled "Figure 1, Site Location Mad' and dated 09/15/22.
Indicate Which of the Following Apply:
A. Preliminary Determination
® There appear to be waters on the above described project area/property, that may be subject to Section 404 of the Clean Water
Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The waters have been
delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. The approximate boundaries
of these waters are shown on the enclosed delineation map dated 9/29/2022. Therefore this preliminary jurisdiction determination
may be used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of
impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made on the basis of a
preliminary JD will treat all waters and wetlands that would be affected in any way by the permitted activity on the site as if they
are jurisdictional waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program
Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable
action, by contacting the Corps district for further instruction.
❑ There appear to be waters on the above described project area/property, that may be subject to Section 404 of the Clean Water
Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the waters
have not been properly delineated, this preliminary jurisdiction determination may not be used in the permit evaluation process.
Without a verified wetland delineation, this preliminary determination is merely an effective presumption of CWA/RHA
jurisdiction over all of the waters at the project area, which is not sufficiently accurate and reliable to support an enforceable
permit decision. We recommend that you have the waters on your project area/property delineated. As the Corps may not be able
to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can
be verified by the Corps.
B. Approved Determination
❑ There are Navigable Waters of the United States within the above described project area/property subject to the permit
requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act
(CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for
a period not to exceed five years from the date of this notification.
❑ There are waterson the above described project area/property subject to the permit requirements of Section 404 of the Clean
Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be
relied upon for a period not to exceed five years from the date of this notification.
❑ We recommend you have the waters on your project area/property delineated. As the Corps may not be able to accomplish
this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by
the Corps.

SAW-2022-02321
❑ The waters on your project area/property have been delineated and the delineation has been verified by the Corps. The
approximate boundaries of these waters are shown on the enclosed delineation map dated DATE. We strongly suggest you have
this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey
will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in
the law or our published regulations, may be relied upon for a period not to exceed five years.
❑ The waters have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official
identified below onDATE. Unless there is a change in the law or our published regulations, this determination may be relied
upon for a period not to exceed five years from the date of this notification.
❑ There are no waters of the U.S., to include wetlands, present on the above described project area/property which are subject to the
permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.
❑ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (LAMA).
You should contact the Division of Coastal Management in Morehead City, NC, at [phone] to determine their
requirements.
Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or
placement of structures, or work within navigable waters of the United States without a Department of the Army permit may
constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions
regarding this determination and/or the Corps regulatory program, please contact Bryan Roden -Reynolds at 704-510-1440 or
b rvan.rod en-reynold s(&u sace.army. mil.
C. Basis For Determination: Basis For Determination: See the preliminary jurisdictional determination
form dated 12/7/2022.
D. Remarks: None
E. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site
identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security
Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request
a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work.
F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B.
above)
If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed
you will find a Notification of Appeal Process (NAP) fact sheet and Request for Appeal (RFA) form. If you request to appeal this
determination you must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Mr. Philip A. Shannin
Administrative Appeal Review Officer
60 Forsyth Street SW, Floor M9
Atlanta, Georgia 30303-8803
AND
PHILIP.A. SHANNINAUSACE.ARMY.MIL
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal
under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you
decide to submit an RFA form, it must be received at the above address by Not applicable.
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.**
Corps Regulatory Official:

SAW-2022-02321
Date of JD: 12/7/2022 Expiration Date of JD: Not applicable
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete our Customer Satisfaction Survey, located online at
https://re u1�atOr,�.ops.usace.army.mil/customer-service-survey/.
Copy Furnished:
Agent: Wood E&I
Jan Gav
Address: P.O. Box 71
Candler, NC 28715
Telephone Number: 828-772-0269
E-mail: ian.2avna,woodplc.com
Property Owner: N/A
BY0e Mattick
Address: 10837 Mount Holly Road
Charlotte, NC 28214
Telephone Number: not provided
E-mail: not provided

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: Perrier Develo ment, William McGuire File Number: SAW-2022-02321 Date: 12/7/2022
Attached is:
See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission)
A
PROFFERED PERMIT (Standard Permit or Letter of permission)
B
PERMIT DENIAL
C
APPROVED JURISDICTIONAL DETERMINATION
D
❑X
PRELIMINARY JURISDICTIONAL DETERMINATION
E
SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional information may be found at or http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPennits.asi)
or the Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request
that the permit be modified accordingly. You must complete Section II of this form and return the form to the district
engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will
forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your
objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your
objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After
evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in
Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein,
you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of
this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days
of the date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new
information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the
date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers
Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form
must be received by the division engineer within 60 days of the date of this notice.

E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the
preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed),
by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the
Corps to reevaluate the JD.
SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial
proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or
objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the
record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to
clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record.
However, you may provide additional information to clarify the location of information that is already in the administrative
record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision and/or the
If you only have questions regarding the appeal process you may
appeal process you may contact:
also contact:
District Engineer, Wilmington Regulatory Division
MR. PHILIP A. SHANNIN
Attn: Bryan Roden -Reynolds
ADMINISTRATIVE APPEAL REVIEW OFFICER
Charlotte Regulatory Office
CESAD-PDS-O
U.S Army Corps of Engineers
60 FORSYTH STREET SOUTHWEST, FLOOR M9
8430 University Executive Park Drive, Suite 615
ATLANTA, GEORGIA 30303-8803
Charlotte, North Carolina 28262
PHONE: [phone]; FAX [phone]
EMAIL: PHILIP.A.SHANNIN(aUSACE.ARMY.MIL
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15-day
notice of any site investigation, and will have the opportum to participate in all site investi ations.
Date:
Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: Bryan Roden -Reynolds, 69 Darlington Avenue, Wilmington, North
Carolina 28403
For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Philip Shannin, Administrative
Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801
Phone: [phone]

PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD: 11/09/2022
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Penler Development, William McGuire,
2964 Peachtree Road NW, Atlanta, GA 30305
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Mt. Holly Road, SAW-2022-
02321
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The review area is located on the
south side of Mt. Holly Road; approximately 0.2 miles south of the intersection of Mt. Holly Road and Mt.
Holly-Huntersville Road. PIN: 05302225. Reference review area description shown in the Jurisdictional
Determination Request package entitled "Figure 1, Site Location Map" and dated 09/15/22.
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES
AND/OR AQUATIC RESOURCES AT DIFFERENT SITES)
State: NC County: Mecklenburg City: Charlotte
Center coordinates of site (lat/long in degree decimal format): Latitude: 35.2989 Longitude:-80.9816
Universal Transverse Mercator:
Name of nearest waterbody: Long Creek
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
®Office (Desk) Determination. Date: 11/09/22
❑ Field Determination. Date(s):
TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAY BE" SUBJECT TO
REGULATORY JURISDICTION
Aquatic
Latitude
Longitude
Estimated
Type of
Geographic authority
Feature
(decimal
(decimal
amount of
aquatic
to which the aquatic
degrees)
degrees)
aquatic
resources (i.e.,
resource "may be"
resources in
wetland vs.
subject (i.e., Section
review area
non -wetland
404 or Section 10/404)
(acreage and
waters)
linear feet, if
applicable
Stream SA
35.2989
-80.9816
427 linear feet
Non -wetland
404
Stream SA2
35.2981
-80.9811
503 linear feet
Non -wetland
404
Long Creek
35.2974
-80.9812
733 linear feet
Non -wetland
404
Pond PA
35.2985
-80.9815
0.17 acres
Non -wetland
404
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 AID 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: Figures 1-5 and 7
® Data sheets prepared/submitted by or on behalf of the PJD requestor. Datasheets:
® Office concurs with data sheets/delineation report.
❑ Office does not concur with data sheets/delineation report. Rationale:
❑ Data sheets prepared by the Corps:
❑Corps navigable waters' study:
❑ U. S. Geological Survey Hydrologic Atlas:
❑USGS NHD data:
❑ USGS 8 and 12 digit HUC maps:
® U.S. Geological Survey map(s). Cite scale & quad name: Figure 3, Topographic Man
®Natural Resources Conservation Service Soil Survey. Citation: Figure 5, NRCS Soils Map (Web Soil Survey of
Mecklenburg County)
® National wetlands inventory map(s). Cite name: Figure 4, National Wetland Inventory Map (USFWS NWI
Ma
❑ State/local wetland inventory map(s):
❑ FEMA/FIRM maps:
❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929)
® Photographs: ® Aerial (Name & Date): Figure 1, Site Location Map (Dated 09/15/22), Figure 2, Site Aerial Mau
(Dated 09/15/22)
or ® Other (Name & Date): Photographs 1-8
❑ Previous determination(s). File no. and date of response letter:
® Other information (please specify): NCDWQ Stream Identification Forms, Version 4.11 (Dated 08/31/22)
IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps
Signature and date of Regulatory
staff member completing PJD
12/7/2022
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. If the requester does not respond within the established
time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action.

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Roy Cooper, Governor
on
■o INC DEPARTMENT OF
N )
■■minim NATURAL AND CULTURAL RESOURCES
■ ■®■
September 15, 2022
D. Reid Wilson, Secretary
Misty Buchanan
Deputy Director, Natural Heritage Program
Julia Tillery
Wood Environment & Infrastructure Solutions
4021 Stirrup Creek Dr. ste 100
Durham, NC 27703
RE: Mount Holly Road Boring Location Plan, Mecklenburg County NC; 6228220184
Dear Julia Tillery:
The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide
information about natural heritage resources for the project referenced above.
A query of the NCNHP database indicates that there are records for rare species, important natural
communities, natural areas, and/or conservation/managed areas within the proposed project
boundary. These results are presented in the attached `Documented Occurrences' tables and map.
The attached `Potential Occurrences' table summarizes rare species and natural communities that
have been documented within a one -mile radius of the property boundary. The proximity of these
records suggests that these natural heritage elements may potentially be present in the project area
if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile
radius of the project area, if any, are also included in this report.
If a Federally -listed species is documented within the project area or indicated within a one -mile
radius of the project area, the NCNHP recommends contacting the US Fish and Wildlife Service
(USFWS) for guidance. Contact information for USFWS offices in North Carolina is found here:
httr)s://www.fws.gov/offices/Directory/ListOffices.cfm?statecode=37.
Please note that natural heritage element data are maintained for the purposes of conservation
planning, project review, and scientific research, and are not intended for use as the primary criteria
for regulatory decisions. Information provided by the NCNHP database may not be published
without prior written notification to the NCNHP, and the NCNHP must be credited as an information
source in these publications. Maps of NCNHP data may not be redistributed without permission.
Also please note that the NC Natural Heritage Program may follow this letter with additional
correspondence if a Dedicated Nature Preserve, Registered Heritage Area, Land and Water Fund
easement, or an occurrence of a Federally -listed species is documented near the project area.
If you have questions regarding the information provided in this letter or need additional assistance,
please contact Rodney A. Butler at rod ney.butler�ncdcr.gov or 919-707-8603.
Sincerely,
NC Natural Heritage Program
VEPA I MLN r Q) NAi URAL ANG CU1~I'URAi. kE$(}lJ1rt:E
09 121 L4 JCiNES STF EET. RALCK_,_,H. NC 27603 - 1651 MA L SERVICE (EN 1 : i
CFC 919 7U7.9120 • FAX [phone]

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FUR&IA
4.: United States Department of the Interior -41
p
FISH AND WILDLIFE SERVICE
Asheville Ecological Services Field Office
160 Zillicoa Street
Asheville, NC 28801-1082
Phone: [phone] Fax: [phone]
In Reply Refer To:
Project Code: 2024-0026317
Project Name: Penler Mount Holly Road
December 13, 2023
Subject: List of threatened and endangered species that may occur in your proposed project
location or may be affected by your proposed project
To Whom It May Concern:
The enclosed species list identifies threatened, endangered, proposed and candidate species, as
well as proposed and designated critical habitat, that may occur within the boundary of your
proposed project and/or may be affected by your proposed project. The enclosed species list
fulfills the requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the
Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.).
Please note that new species information can change your official species list. Under 50 CFR
402.12(e) of the regulations implementing section 7 of the Act, the accuracy of this species list
should be verified after 90 days. The Service recommends you visit the ECOS-IPaC website at
regular intervals during project planning and implementation to ensure your species list is
accurate or obtain an updated species list.
The purpose of the Act is to provide a means whereby threatened and endangered species and the
ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the
Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to
utilize their authorities to carry out programs for the conservation of threatened and endangered
species and to determine whether projects may affect threatened and endangered species and/or
designated critical habitat.
A biological assessment (BA) or biological evaluation (BE) should be completed for your
project. A BA is required for major construction activities (or other undertakings having similar
physical impacts) considered to be Federal actions significantly affecting the quality of the
human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2) (c))
(NEPA). For projects other than major construction activities, the Service suggests that a BE be
prepared to determine effects of the action and whether those effects may affect listed species
and/or designated critical habitat. Effects of the action are all consequences to listed species or
critical habitat that are caused by the proposed action, including the consequences of other

12/13/2023
activities that are caused by the proposed action. A consequence is caused by the proposed action
if it is reasonably certain to occur and would not occur "but for" the proposed action..
Recommended contents of a BABE are described at 50 CFR 402.12. More information and
resources about project review and preparing a BABE can be found at the following web link:
https://www.fws. gov/office/asheville-ecological-services/asheville-field-office-online-review-
process-overview.
If a Federal agency determines listed species and/or designated critical habitat may be affected
by the proposed project, the agency is required to consult with the Service pursuant to 50 CFR
402. The Service is not required to concur with "no effect" determinations from Federal action
agencies. If consultation is required, the Service recommends that candidate species, proposed
species, proposed critical habitat, and at -risk species be addressed within the consultation. More
information on the regulations and procedures for section 7 consultation, including the role of
permit or licensed applicants, can be found in the "Endangered Species Consultation Handbook"
at the following web link: https://www.fws.gov/media/endangered-species-consultation-
handbook.
Migratory Birds: In addition to responsibilities to protect threatened and endangered species
under the Act, there are additional responsibilities under the Migratory Bird Treaty Act (MBTA)
and the Bald and Golden Eagle Protection Act (BGEPA) to protect native birds from project -
related impacts. Any activity, intentional or unintentional, resulting in take of migratory birds,
including eagles, is prohibited unless otherwise permitted by the Service (50 C.F.R. Sec. 10.12
and 16 U.S.C. Sec. 668(a)). More information about MBTA and BGEPA can be found at the
following web link: https://www.fws.gov/program/migratory-birds.
We appreciate your consideration of Federally listed species. The Service encourages Federal
agencies to include conservation of threatened and endangered species in their project planning
to further the purposes of the Act. Please contact our staff at 828-258-3939, if you have any
questions. In any future correspondence concerning this project, please reference the
Consultation Code which can be found in the header of this letter.
Attachment(s):
• Official Species List
• USFWS National Wildlife Refuges and Fish Hatcheries
• Bald & Golden Eagles
• Migratory Birds
• Wetlands
OFFICIAL SPECIES LIST
This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the
requirement for Federal agencies to "request of the Secretary of the Interior information whether

12/13/2023
any species which is listed or proposed to be listed may be present in the area of a proposed
action".
This species list is provided by:
Asheville Ecological Services Field Office
160 Zillicoa Street
Asheville, NC 28801-1082
[phone]

12/13/2023
4
PROJECT SUMMARY
Project Code: 2024-0026317
Project Name: Penler Mount Holly Road
Project Type: Commercial Development
Project Description: Proposed mixed -use development
Project Location:
The approximate location of the project can be viewed in Google Maps: https:
www. google.com/maps/(a)35.29745405,-80!98130076059323,14z
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r
Counties: Mecklenburg County, North Carolina
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7}

12/13/2023
ENDANGERED SPECIES ACT SPECIES
There is a total of 5 threatened, endangered, or candidate species on this species list.
Species on this list should be considered in an effects analysis for your project and could include
species that exist in another geographic area. For example, certain fish may appear on the species
list because a project could affect downstream species.
IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA
Fisheriesl, as USFWS does not have the authority to speak on behalf of NOAA and the
Department of Commerce.
See the "Critical habitats" section below for those critical habitats that lie wholly or partially
within your project area under this office's jurisdiction. Please contact the designated FWS office
if you have questions.
1. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an
office of the National Oceanic and Atmospheric Administration within the Department of
Commerce.
MAMMALS
NAME STATUS
Tricolored Bat Perimyotis sub flavus Proposed
No critical habitat has been designated for this species. Endangered
Species profile: https://ecos.fws.gov/ecp/species/10515
INSECTS
NAME STATUS
Monarch Butterfly Danaus plexippus Candidate
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/9743
FLOWERING PLANTS
NAME
STATUS
Michaux's Sumac Rhus michauxii
Endangered
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/5217
Schweinitz's Sunflower Helianthus schweinitzii
Endangered
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/3849
Smooth Coneflower Echinacea laevigata
Threatened
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/3473

12/13/2023
11
CRITICAL HABITATS
THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S
JURISDICTION.
YOU ARE STILL REQUIRED TO DETERMINE IF YOUR PROJECT(S) MAY HAVE EFFECTS ON ALL
ABOVE LISTED SPECIES.
USFWS NATIONAL WILDLIFE REFUGE LANDS
AND FISH HATCHERIES
Any activity proposed on lands managed by the National Wildlife Refuge system must undergo a
'Compatibility Determination' conducted by the Refuge. Please contact the individual Refuges to
discuss any questions or concerns.
THERE ARE NO REFUGE LANDS OR FISH HATCHERIES WITHIN YOUR PROJECT AREA.
BALD & GOLDEN EAGLES
Bald and golden eagles are protected under the Bald and Golden Eagle Protection Acti and the
Migratory Bird Treaty Act2.
Any person or organization who plans or conducts activities that may result in impacts to bald or
golden eagles, or their habitats3, should follow appropriate regulations and consider
implementing appropriate conservation measures, as described in the links below. Specifically,
please review the "Supplemental Information on Migratory Birds and Eagles".
1. The Bald and Golden Eagle Protection Act of 1940.
2. The Migratory Birds Treaty Act of 1918.
3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)
There are bald and/or golden eagles in your project area.
For guidance on when to schedule activities or implement avoidance and minimization measures
to reduce impacts to migratory birds on your list, see the PROBABILITY OF PRESENCE
SUMMARY below to see when these birds are most likely to be present and breeding in your
project area.
NAME
BREEDING SEASON
Bald Eagle Haliaeetus leucocephalus Breeds Sep 1 to
This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention Jul 31
because of the Eagle Act or for potential susceptibilities in offshore areas from certain
types of development or activities.
https://ecos.fws.gov/ecp/species/1626

12/13/2023
7
PROBABILITY OF PRESENCE SUMMARY
The graphs below provide our best understanding of when birds of concern are most likely to be
present in your project area. This information can be used to tailor and schedule your project
activities to avoid or minimize impacts to birds. Please make sure you read "Supplemental
Information on Migratory Birds and Eagles", specifically the FAQ section titled "Proper
Interpretation and Use of Your Migratory Bird Report" before using or attempting to interpret
this report.
Probability of Presence (■)
Green bars; the bird's relative probability of presence in the 10km grid cell(s) your project
overlaps during that week of the year.
Breeding Season( )
Yellow bars; liberal estimate of the timeframe inside which the bird breeds across its entire
range.
Survey Effort (1)
Vertical black lines; the number of surveys performed for that species in the 10km grid cell(s)
your project area overlaps.
No Data( )
A week is marked as having no data if there were no survey events for that week.
probability of presence breeding season I survey effort — no data
SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
Ea
gle agle
Bald Ea C I_ i 1J I j 1 + + + + 4- 4-- -4- +—+— ;-4 4- -} 4 4-+4-+ 4-4-4-+
Vulnerable
Additional information can be found using the following links:
• Eagle Management https://www.fws.gov/program/eagle-management
• Measures for avoiding and minimizing impacts to birds https://www.fws.gov/librq�r/
rator.
• Nationwide conservation measures for birds https://www.fws.gov/sites/default/files/
documents/nationwide-standard-conservation-measures.pdf
• Supplemental Information for Migratory Birds and Eagles in IPaC https://www.fws.gov/
media/supplemental-information-mi ratory-birds-and-bald-and-golden-ea les-may-occur-
project-action

12/13/2023 8
MIGRATORY BIRDS
Certain birds are protected under the Migratory Bird Treaty Act1 and the Bald and Golden Eagle
Protection Actz.
Any person or organization who plans or conducts activities that may result in impacts to
migratory birds, eagles, and their habitats should follow appropriate regulations and consider
implementing appropriate conservation measures, as described in the links below. Specifically,
please review the "Supplemental Information on Migratory Birds and Eagles".
1. The Migratory Birds Treaty Act of 1918.
2. The Bald and Golden Eagle Protection Act of 1940.
3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)
For guidance on when to schedule activities or implement avoidance and minimization measures
to reduce impacts to migratory birds on your list, see the PROBABILITY OF PRESENCE
SUMMARY below to see when these birds are most likely to be present and breeding in your
project area.
BREEDING
NAME
SEASON
Bald Eagle Haliaeetus leucocephalus
Breeds Sep 1 to
This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention
Jul 31
because of the Eagle Act or for potential susceptibilities in offshore areas from certain types
of development or activities.
https://ecos.fws.gov/ecp/species/1626
Chimney Swift Chaetura pelagica
Breeds Mar 15
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA
to Aug 25
and Alaska.
https://ecos.fws.gov/ecp/species/9406
Eastern Whip -poor -will Antrostomus voci ferns
Breeds May 1
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA
to Aug 20
and Alaska.
https://ecos.fws.gov/ecp/species/10678
Prairie Warbler Dendroica discolor
Breeds May 1
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA
to Jul 31
and Alaska.
https://ecos.fws.gov/ecp/species/9513
Red-headed Woodpecker Melanerpes erythrocephalus
Breeds May 10
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA
to Sep 10
and Alaska.
https://ecos.fws.gov/ecp/species/9398

12/13/2023
E
BREEDING
NAME SEASON
Wood Thrush Hylocichla mustelina Breeds May 10
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 31
and Alaska.
https://ecos.fws.gov/ecp/species/9431
PROBABILITY OF PRESENCE SUMMARY
The graphs below provide our best understanding of when birds of concern are most likely to be
present in your project area. This information can be used to tailor and schedule your project
activities to avoid or minimize impacts to birds. Please make sure you read "Supplemental
Information on Migratory Birds and Eagles", specifically the FAQ section titled "Proper
Interpretation and Use of Your Migratory Bird Report" before using or attempting to interpret
this report.
Probability of Presence (■)
Green bars; the bird's relative probability of presence in the 10km grid cell(s) your project
overlaps during that week of the year.
Breeding Season( )
Yellow bars; liberal estimate of the timeframe inside which the bird breeds across its entire
range.
Survey Effort (1)
Vertical black lines; the number of surveys performed for that species in the 10km grid cell(s)
your project area overlaps.
No Data (—)
A week is marked as having no data if there were no survey events for that week.
probability of presence breeding season I survey effort — no data
SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
Bald Eagle
Non -BCC 11,1,I 1I11 1111 I1I� 1111 I� ��+�+ ili I��l i1�1 ���I
Vulnerable
Chimney Swift
BCC Rangewide ++++ + { +'�I' �++ f+--f--+--f--+--+--+--�
(CON)
Eastern Whip -poor -
will ++++ ++++ ++++ ++++ �1 N- N- N — N- N — u- u- a u-+�+++,+++ ++++ ++++
BCC Rangewide
(CON)

12/13/2023 10
Prairie Warbler +
BCC Rangewide
(CON)
Red-headed I II i I
Woodpecker I I I I I I I T,+ �T*� +�-�- —} F F + F { I I 1 1 I 1 1 1 1 1 Jill
BCC Rangewide
(CON)
Wood Thrush — 4- �� — +� + + + + +++
BCC Rangewide ++++ ++++ ++++ ++�„$$$ —$' +� � + ++++ + + +
(CON)
Additional information can be found using the following links:
• Eagle Management https://www.fws.gov/program/eagle-management
• Measures for avoiding and minimizing impacts to birds https://www.fws.gov/librq�r/
rator.
• Nationwide conservation measures for birds https://www.fws.gov/sites/default/files/
documents/nationwide-standard-conservation-measures.pdf
• Supplemental Information for Migratory Birds and Eagles in IPaC https://www.fws.gov/
media/supplemental-information-mi ratory-birds-and-bald-and-golden-ea les-may-occur-
project-action
WETLANDS
Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under Section
404 of the Clean Water Act, or other State/Federal statutes.
For more information please contact the Regulatory Program of the local U.S. Army Corps of
Engineers District.
Please note that the NWI data being shown may be out of date. We are currently working to
update our NWI data set. We recommend you verify these results with a site visit to determine
the actual extent of wetlands on site.
RIVERINE
• R2UBH
FRESHWATER POND
• PUBHh

12/13/2023
11
IPAC USER CONTACT INFORMATION
Agency:
WSP
Name:
Lisa Long
Address:
4021 Stirrup Creek Dr.
Address Line 2:
#100
City:
Durham
State:
NC
Zip:
27703
Email
[e-mail]
Phone:
8045649813

wood.
September 16, 2022
Mr. William McGuire
Development Manager
Penler
2964 Peachtree Road, NW, Ste. 275
Atlanta, Georgia 30305
Subject: Natural and Cultural Resources Review Technical Report
10837 Mount Holly Road Project
Mecklenburg County, North Carolina
Wood Project: 6228-22-0184
Dear Mr. McGuire,
Wood Environment & Infrastructure Solutions, Inc.
104 Corporate Blvd, Suite 407
West Colum bia, SC 29169
T:803-798-1200
www.woodpic.com
Wood Environment & Infrastructure Solutions, Inc. (Wood) has conducted a natural and cultural resources
review to assist Penler in plans to develop 10837 Mount Holly Road (Project Area) located in Charlotte,
Mecklenburg County, North Carolina and shown on Figures 1 and 2. The investigation included a
jurisdictional waters evaluation (wetlands, streams, and other waterbodies), a threatened and endangered
species habitat assessment, and a cultural resources literature and records review. This report documents
the methodology used to assess the potential limits of United States Army Corps of Engineers (USACE)
jurisdictional surface waters within the Project Area and presents the findings of the field investigation.
The results of the threatened and endangered species database review and the assessment of the
potential for occurrence of listed plant and animal species within the Project Area are also included in the
report.
PROJECT AREA DESCRIPTION
The Project Area consists of an approximately 22-acre parcel located at 10837 Mount Holly Road,
Charlotte, Mecklenburg County, North Carolina. The Project Area is located within a predominantly
residential area in Charlotte, with some commercial buildings in the vicinity. Much of the Project Area
consists of forested area, with several residences as well as a commercial building. A utility line easement
(likely municipal sewer) is present adjacent to a stream channel, and small powerline corridors.
METHODOLOGY
Plant Community Characterization
The plant communities within the Project Area were characterized during the site reconnaissance to
facilitate the protected species habitat evaluation. The characterization entailed the identification of
vegetation within the canopy, shrub, and ground story strata, including presence/abundance of nuisance
(invasive) plant species.
Wood' is a trading name for John Wood Group PLC and its subsidiaries

10837 Mount Holly Road Project
Mecklenburg County, North Carolina
Natural and Cultural Resources Review Technical Report
Jurisdictional Waters Limited Evaluation
wood.
Waters of the United States (U.S.), including streams and wetlands, are defined by 33 Code of Federal
Regulation (CFR) Part 328.3 et cit. and are protected by Section 404 and other applicable sections of the
Clean Water Act (CWA) (33 United States Code [USC] 1344). Impacts to these regulated resources are
administered and enforced by the Wilmington District of the USACE, as well as other federal and state
government agencies.
Wood initially performed an in-house review of potentially jurisdictional waters within the Project Area
using the U.S. Geological Survey (USGS) digital 7.5' topography (Mountain Island Lake, North Carolina
Quadrangle, 2019) (Figure 3), the U.S. Department of Agriculture's (USDA) Natural Resources
Conservation Service (NRCS) Buncombe County Soil Survey (digital versions), the U.S. Fish and Wildlife
Service (USFWS) National Wetlands Inventory (NWI) online Wetlands Mapper (Figure 4), and the USDA
NRCS geographic information system (GIS) soils data (Figure 5). These graphic resources and documents
were used to facilitate the on -site investigation.
Subsequent to the in-house review, Wood performed an on -site limited evaluation of the Project Area for
the presence of potentiallyjurisdictional surface waters on August 31 and September 1, 2022. Professional
Wetland Scientists evaluated the potentially jurisdictional waters using the Routine On -Site Determination
Method as defined in the USACE Wetland Delineation Manual' and the Eastern Mountains and Piedmont
Region supplement'. This technique uses a multi -parameter approach, which requires positive evidence of
three criteria: hydrophytic vegetation, hydric soils, and wetland hydrology. Potential streams were
evaluated using the North Carolina Department of Environmental Quality (NCDEQ) Division of Water
Resources' (DWR) Methodology for Identification of Intermittent and Perennial Streams and Their Origins'
(Version 4.11), effective September 1, 2010. Areas exhibiting wetland characteristics and/or stream and
tributary systems, if present within the Project Area, are considered potentially jurisdictional waters. The
functional quality of each observed wetland area was also assessed using the North Carolina Wetland
Assessment Method (NCWAM) per the methodology outlined in the NCWAM User Manuaf4 (Version 5.1),
effective February 2016. In addition, the functional quality of each observed stream feature was assessed
using the North Carolina Stream Assessment Method (NCSAM) per the methodology outlined in the
NCSAM User Manuals (Version 2.1), effective August 2015.
Protected Sbecies Habitat Evaluation
Environmental Laboratory. 1987. "Corps of Engineers Wetlands Delineation Manual," Technical Report Y-87-1.
U.S. Army Engineer Waterways Experiment Station. Vicksburg, MS.
z Environmental Laboratory. 2012. "Reg iona I Supplement to the Corps of Engineers Wetland Delineation Manual:
Eastern Mountains and Piedmont, Version 2.0," Technical Report ERDC/EL TR-12-9. U.S. Army Engineer
Waterways Experiment Station. Vicksburg, MS
3 Division of Water Quality. 2010. "Methodology for Identification of Intermittent and Perennial Streams and their
Origins, Version 4.11". North Carolina Department of Environment and Natural Resources, Division of Water
Quality. Raleigh, NC.
4 N.C. Wetland Functional Assessment Team. 2016. "N.C. Wetland Assessment Method (NC WAM) User Manual, Version
5.1". North Carolina Wetland Functional Assessment Team. Raleigh, NC.
5 N.C. Stream Functional Assessment Team. 2015. "N.C. Stream Assessment Method (NC SAM) User Manual, Version 2.1".
North Carolina Stream Functional Assessment Team. Raleigh, NC.
Project No.: 6228-22-0184
Wood Environment & Infrastructure Solutions, Inc.
September16, 2022

10837 Mount Holly Road Project
Mecklenburg County, North Carolina
Natural and Cultural Resources Review Technical Report
wood.
Certain plant and animal species are protected (listed) by federal regulations (Federal Endangered Species
Act [ESA] of 1973 [16 USC 1531-1544, December 28, 1973, as amended 1976-1982, 1984, and 1988]. The
bald eagle (Hafiaeetus feucocephafus) is federally protected under the Bald and Golden Eagle Protection Act
(BGEPA) and the Migratory Bird Treaty Act (MBTA).
Wood accessed the USFWS Information, Planning, and Conservation System (IPaC) database (available
online at http://ecos.fws.goy/ipac/) to determine whether federally listed threatened or endangered plant
or animal species (including designated critical habitat) may be near the Project Area.
Following the in-house review, Wood scientists conducted an on -site habitat assessment of the Project Area
on August 31 and September 1, 2022, consisting of an on -site pedestrian reconnaissance of potential
suitable habitat, to determine the potential for federally listed protected species occurring within the Project
Area.
Cultural Resources Literature and Records Review
Wood consulted the Historic Preservation Office Web Service (HPOWEB) maintained by the North
Carolina Historic Preservation Office (NCH PO), and the data inventory and library housed at the North
Carolina Office of State Archaeology (NCOSA) in Raleigh, North Carolina. For this review, the project area
includes the proposed 24-acre Mount Holly Road project area and one -mile radius Area of Potential
Effects (APE). Results of the cultural resources research indicate that there are no known cultural resources
located within the project area. There are three known archaeology sites and six historic resources in the
APE.
RESULTS
Plant Community Characterization
Based on the September 26, 2021, site reconnaissance, developed areas were observed throughout a
portion of the Project Area with areas of maintained grass and ornamental shrubs. Forested areas
comprise most of the Project Area, and white oak (Quercus afba), northern red oak (Quercus rubra), black
walnut (Jugfans nigra), red maple (Acer rubrum), Virginia pine (Pinus virginiana) and Chinese privet
(Ligustrum sinense). The ground story stratum within the forested areas ranged from mostly absent in the
eastern and western portions of the site, to dominated by English ivy (Hedera helix) in the north central
portion of the site. Some areas were dominated by trumpet creeper (Campsis radicans) and stiltgrass
(Microstegium viminuem). Photographs of the Project Area and habitat are included in Appendix A.
Jurisdictional Waters Evaluation
Two stream features were identified within the Project Area based on the August 31 and September 1,
2022, site evaluation (Figure 6). No wetland features were identified during this review.
One stream channel and one pond feature were depicted on the USFWS NWI database (Figure 4) and on
the USGS topographic map (Figure 3). Two stream features were observed onsite during the August 31
and September 1, 2022 site evaluation. Additionally, a small excavated pond was also identified. However,
this feature is likely Isolated as it does not have a hydrologic connection to anyjurisdictional feature.
Project No.: 6228-22-0184
Wood Environment & Infrastructure Solutions, Inc.
September16, 2022

10837 Mount Holly Road Project
Mecklenburg County, North Carolina
Natural and Cultural Resources Review Technical Report
wood.
The field investigation was completed in accordance with the wetland delineation and stream
classification methodology described in the Methodology of this report.
Protected Species Habitat Evaluation
Wood accessed the USFWS IPaC database on August 26, 2022 to determine whether federally listed
threatened or endangered plant and animal species or designated critical habitat may be within or near
the Project Area. Table 1 presents this information for Mecklenburg County. Known habitats used by the
species listed in Table 1 were compared with the habitat occurring within the Project Area to determine
the potential for occurrence for each species and the potential for effect that site development would
have on these species. Specifically, the potential for effect that the site activities would have on the
species listed in Table 1 was based on the following factors:
• A comparison of the known habitat uses by these species;
• The habitats (if present) within the Project Area;
• The quantity, quality, and proximity of these habitats;
• Observations of these species or their sign during field reconnaissance; and
• The proposed site activities (construction materials and equipment, construction practices).
The USFWS IPaC database query is included in Appendix B. The NCNHP report (most recent update
September 15, 2022, Consultation Code: NCNHDE-19350) states that there no potential occurrrences of
any federally listed species within a one -mile radius of the Project Area. The NCNHP letter is included in
Appendix B. A Photographic Log of the existing habitat within the Project Area is included in Appendix
A.
Table 1. Federally Listed Plant and Animal
North Carolina.
Summer habitat includes deciduous forests and mixed
evergreen -deciduous forests, with bats roosting singly or
in colonies underneath bark, in cavities, or in crevices of
May Affect,
Northern long-eared bat
both live and dead trees. Specifically, dead, or partially
Not Likely to
(Myotis septentrionafis)
T
dead, hardwood trees with exfoliating bark are preferred
Adversely
(suitable roost trees). Winter hibernating habitat
(hibernacula) includes caves and mines, typically with large
Affect.
passages and entrances, constant temperatures, and high
humiditv with no air currents.
Northern Long-eared
This species is located throughout much of the
May Affect,
bat
T
eastern and north central United States. Habitat
Not Likely to
(Myotis septentrionafis)
includes forested areas with low understory cover for
Adversely
most of the year, and overwinters in caves and mines
Affect.
Project No.: 6228-22-0184
Wood Environment & Infrastructure Solutions, Inc.
September16, 2022
CI

10837 Mount Holly Road Project
Mecklenburg County, North Carolina
Natural and Cultural Resources Review Technical Report
wood.
Common Name
(Scientific Name)
Feder Potential for
al General Habitat Description Effect
Status
Insects
This species is located throughout the eastern and May Affect,
Monarch butterfly
C western U.S. Habitat includes areas with milkweed Not Likely to
(Danaus pfexippus)
(Ascfepias spp.) and flowering plants for nectar and Adversely
breeding purposes. Affect.
.•
Michaux's sumac
This species is endemic to the inner Coastal Pain and
May Effect,
Not likely to
(Rhus michauxit)
E
lower Piedmont, and grows in sandy or rocky, open,
Adversely
upland woods, maintained rights -of -way
Affect
This species is endemic to the Piedmont of North
May Effect,
Schweinitz;s sunflower
and South Carolina, and is found along roadside
Not likely to
(Hefianthus schweinitzit)
E
rights -of -way, maintained utility rights -of -way, and
Adversely
edges of upland mixed hardwood forests where
Affect
disturbance help create open areas for sunlight
This species is a perennial herb typically found in
Smooth coneflower
T
meadows, open woodlands and areas where there is
No Effect.
(Echinacea faevigata)
abundant sunlight and little competition in the
herbaceous layer.
Sources: NCNHP List of Rare Plant Species of North Carolina; USFWS IPaC; USFWS Environmental Conservation Online System —
Species Profiles; NatureServe Explorer.
Explanation Codes: C = Candidate; E = Endangered; T = Threatened; SA = Similarity of Appearance.
On August 31 and September 1, 2022, Wood scientists conducted the habitat assessment (pedestrian
reconnaissance) to determine the potential for listed plant and animal species occurring within the Project
Area. Known habitats used by these species were compared with the habitats found within the Project
Area to confirm the potential for occurrence for each species and the potential for effect that site
development would have on these species. No federally listed threatened or endangered animal or plant
species were observed during the field reconnaissance.
On April 2, 2015, the northern long-eared bat (NLEB) was listed by the USFWS as threatened under the
ESA. The listing was primarily due to the impacts of white -nose syndrome on the species, a disease which
has killed millions of cave -hibernating bats. The USFWS also developed a final 4(d) rule, which became
effective on February 16, 2016. The ESA protects threatened and endangered wildlife from "take," which
includes harming, harassing or killing a listed species. However, the USFWS implemented a special rule
under section 4(d) of the ESA providing flexibility to those working in NLEB habitat. Under the 4(d) rule al
intentional take is prohibited except:
Defense of human life (includes for public health monitoring);
Removal of hazardous trees for protection of human life and property; and
Removal of bats from human structures.
Wood Environment & Infrastructure Solutions, Inc.
Project No.: 6228-22-0184 September16, 2022

10837 Mount Holly Road Project
Mecklenburg County, North Carolina
Natural and Cultural Resources Review Technical Report
wood.
The summer habitat of the NLEB includes deciduous forests and mixed evergreen -deciduous forests, with
bats roosting singly or in colonies underneath bark, in cavities, or in crevices of both live and dead trees.
Specifically, dead, or partially dead, hardwood trees with exfoliating bark are preferred as suitable roost
trees. Live trees with exfoliating bark, specifically white oak (Quercus afba) and shagbark hickory (Carya
ovata), are not present within the Project Area. Furthermore, dead or dying trees with exfoliating bark
and/or cavities/fissures are not present within the Project Area. Open water habitats (i.e., rivers, lakes, and
ponds with insect populations) occur within proximity (approximately 1 mile) to the Project Area (French
Broad River); therefore, such foraging opportunities for the NLEB are present, although not abutting the
Project Area. Winter hibernating habitat (hibernacula) for the NLEB includes caves and mines, typically
with large passages and entrances, constant temperatures, and high humidity with no air currents. The
USFWS has determined that tree removal activities that are not within 0.25 mile (0.4 kilometer) of a known
hibernaculum would not constitute incidental take of the NLEB (50 CFR § 17.40(o)). Additionally, tree
removal in general does not constitute incidental take unless a tree is a known, occupied maternity roost
and the removal is performed during the pup season (identified as June 1 to July 31 in the 4(d) rule).
However, there are no known NLEB maternity roost trees at the Project Area based on the NCNHP report.
Furthermore, the NCNHP report does not include any records for the NLEB within the Project Area. With
these considerations, the potential for effect for the NLEB was presumed to be "May Affect, Not Likely to
Adversely Affect" as related to the development of the Project Area. It is further noted that such a
determination essentially means that all effects are beneficial, insignificant, or discountable. Finally, it is
noted that, although not required, the USFWS encourages land developers to avoid any associated tree
clearing activities during the NLEB's maternity roosting season from May 15 to August 15.
The monarch butterfly is currently a candidate species for listing on the Endangered Species List after a
December 2020 species assessment was completed by the USFWS and the agency recommended
candidate listing. Habitat for the monarch butterfly consists of a wide variety of flowering plants
throughout their migration and breeding areas which covers much of the U.S. These flowering plants
include species such as goldenrods (Sofidago spp.), asters (Symphyotrichum spp. and Eurybia spp.),
gayfeathers (Liatris spp.) and coneflowers (Echinacea spp.); however, the species requires milkweed
specifically for breeding. No monarch butterflies, flowering plant species or breeding plant species
(milkweed) were observed within the Project Area, though the immediate area may provide the species
with these habitat requirements. As a result of these considerations, the potential for effect of the
monarch butterfly was determined to be "May Affect, Not Likely to Adversely Affect".
Michaux's sumac, endemic to the inner Coastal Plain and lower Piedmont, grows in sandy or rocky, open,
upland woods on acidic or circumneutral, well -drained sands or sandy loam soils with low cation
exchange capacities. The species is also found on sandy or submesic loamy swales and depressions in the
fall line Sandhills region as well as in openings along the rim of Carolina bays; maintained railroad,
roadside, power line, and utility rights -of -way; areas where forest canopies have been opened up by
blowdowns and/or storm damage; small wildlife food plots; abandoned building sites; under sparse to
moderately dense pine or pine/hardwood canopies; and in and along edges of other artificially
maintained clearings undergoing natural succession. In the central Piedmont, it occurs on clayey soils
derived from mafic rocks. The plant is shade intolerant and, therefore, grows best where disturbance
maintains its open habitat. Based on the presence of potentially suitable habitat, the potential effect for
this species within the Project Area was determined to be "May Effect, Not likely to Adversely Effect".
Project No.: 6228-22-0184
Wood Environment & Infrastructure Solutions, Inc.
September16, 2022

10837 Mount Holly Road Project
Mecklenburg County, North Carolina
Natural and Cultural Resources Review Technical Report
wood.
Schweinitz's sunflower, endemic to the Piedmont of North and South Carolina. The few sites where this
rhizomatous perennial herb occurs in relatively natural vegetation are found in Xeric Hardpan Forests. The
species is also found along roadside rights -of -way, maintained power lines and other utility rights -of -way,
edges of thickets and old pastures, clearings and edges of upland oak -pine -hickory woods and Piedmont
longleaf pine forests, and other sunny or semi -sunny habitats where disturbances (e.g., mowing, clearing,
grazing, blow downs, storms, frequent fire) help create open or partially open areas for sunlight. It is
intolerant of full shade and excessive competition from other vegetation. Schweinitz's sunflower occurs in
a variety of soil series, including Badin, Cecil, Cid, Enon, Gaston, Georgeville, Iredell, Mecklenburg,
Misenheimer, Secrest, Tatum, Uwharrie, and Zion, among others. It is generally found growing on shallow
sandy soils with high gravel content; shallow, poor, clayey hardpans; or shallow rocky soils, especially
those derived from mafic rocks. Potentially suitable habitat for this species is present within the Project
area, at the edge of the forested areas, along the road sides, and within the sewerline easement . The
field work was conducted within the survey window for this species, and no individuals of Schweinitz's
sunflower were noted. Based on the presence of potentially suitable habitat, the potential effect for this
species within the Project Area was determined to be "May Effect, Not likely to Adversely Effect".
Smooth coneflower, a perennial herb, is typically found in meadows, open woodlands, the ecotonal
regions between meadows and woodlands, cedar barrens, dry limestone bluffs, clear cuts, and roadside
and utility rights -of -way. In North Carolina, the species normally grows in magnesium- and calcium- rich
soils associated with gabbro and diabase parent material, and typically occurs in Iredell, Misenheimer, and
Picture soil series. It grows best where there is abundant sunlight, little competition in the herbaceous
layer, and periodic disturbances (e.g., regular fire regime, well-timed mowing, careful clearing) that
prevents encroachment of shade -producing woody shrubs and trees. On sites where woody succession is
held in check, it is characterized by a number of species with prairie affinities. The potential for effect for
this species within the Project Area was determined to be "No Effect".
Cultural Resources Literature and Records Review
National Register of Historic Places (NRHP)
According to records maintained by NCHPO and NCOSA, there are no previously recorded NRHP Listed
properties located within the Project Area or APE (Figure 7).
Archaeological Resources
Using the NCOSA site file records, Wood reviewed the information provided in the site forms for any
previously recorded archaeology sites within the Project Area and APE. Table 2 summarizes the relevant
information, detailing the site numbers, site types, and National Register of Historic Places (NRHP)
eligibility for each site. A site may be recommended not eligible, undetermined, or eligible for listing in
the NRHP. Undetermined means that additional work is required to accurately evaluate the eligibility of
the resource.
Project No.: 6228-22-0184
Wood Environment & Infrastructure Solutions, Inc.
September16, 2022

10837 Mount Holly Road Project
Mecklenburg County, North Carolina
Natural and Cultural Resources Review Technical Report
wood.
There are three previously recorded archaeology sites located within a one -mile of the Project Area
(Figure 7, Table 2). Of the three known archaeology sites, two are not eligible and one requires additional
work to determine its eligibility for listing in the NRHP.
Table 2. Previously recorded archaeology sites located the vicinity of the project area.
EligibilitySite No. Site Type NRHP
31 MK449 Late 19t" to 20t" c. historic artifact scatter Not Eligible NCOSA 2022
31 MK611 Historic quarry pit (1790s — 1940) Undetermined NCOSA 2022
31 MK976 Unknown prehistoric lithic scatter Not Eligible NCOSA 2022
A small portion of the project area has been previously surveyed for archaeological resources along Long
Creek where it crosses through the project area (Figure 7). According to the North Carolina Survey Status
Report (2019), the last comprehensive historic architectural survey of Mecklenburg County was completed
in 1997.
Historic Architecture Resources
Wood reviewed the historic architectural information provided by the HPOWEB GIS webpage maintained
by the North Carolina Historic Preservation Office (NCHPO) to identify historical structures within the
Project Area and APE. Table 3 summarizes the relevant information, detailing the historic resource
names, description, temporal affiliation, and NRHP eligibility for each location. An historic resource
may be recommended as not eligible, undetermined, or eligible for listing in the NRHP. Undetermined
means that additional work is required to accurately evaluate the eligibility of the resource.
A total of six historic resources is located within the APE (Figure 7, Table 3).
Table 3. Previously recorded historic architectural resources located in the vicinity of the project area.
Resource No. Description Temporal NRHP Eligibility
Affiliation
31 MK1489 Beatty House CA900 Undetermined (Survey Only)
31 MK1492
Connell House
n.d.
Undetermined (Survey Only)
31 MK1497
Goforth House
n.d.
Undetermined (Survey Only)
31 MK1509
McClure Realty House
n.d.
Undetermined (Survey Only)
31 MK1513
McIntosh House
c. 1830-1850
Undetermined (Survey Only)
31 MK3675
Long Creek Bridge
n.d.
Not Eligible
n.d. = no date
Of the six historic structures located within the APE, one is not eligible and five require additional work to
determine their eligibility for listing in the NRHP (HPOWEB 2022).
Historic Maps
In addition to reviewing the records held at the NCHPO and NCOSA, archival and historic USGS
topographic maps and historic aerials were also reviewed. Edward Hearn's Map of Mecklenburg County,
NC (1910) map shows no structures in the vicinity of the Project Area. Historic USGS maps of the area
Project No.: 6228-22-0184
Wood Environment & Infrastructure Solutions, Inc.
September16, 2022
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10837 Mount Holly Road Project
Mecklenburg County, North Carolina
Natural and Cultural Resources Review Technical Report
wood.
show the earliest evidence of settlement in the project area and surrounding area in 1948. The Paw Creek
NC map (1948 shows two structures within the project area. These structures appear to still be present on
the Mountain Island Lake, NC map (1969) as well as five additional structures along Creston Circle and Mt
Holly Road. Current aerial images of the project area suggest many of these structures are still standing.
CONCLUSIONS
Wood identified two stream features within the Project Area that would likely be considered jurisdictional
waters by the USACE. The field investigation was completed in accordance with the wetland delineation
and stream classification methodology described in the Methodology section of this report.
There are no known NLEB maternity roost trees at the Project Area and there are no records for rare
species (including the NLEB) within the Project Area. However, live trees with exfoliating bark, snag trees,
and trees with cavities/fissures, which could be utilized by NLEB, are present on the Project Area. With
these considerations, the potential for effect for the NLEB within the Project Area was determined to be
"May Affect, Not Likely to Adversely Affect". Potentially suitable habitat is also present within the Project
Area for Michaux's sumac. During the site reconnaissance on 31 August and 1 September, no monarch
butterflies or Schweinitz's sunflower were observed, although the immediate vicinity does provide habitat
for both species. The potential for effect for the monarch butterfly, Michaux's sumac, and Schweinitz's
sunflower was, therefore, presumed to be "May Affect, Not Likely to Adversely Affect" as related to the
proposed action within the Project Area boundaries.
As no suitable habitat is present within the Project Area for smooth coneflower, the potential for effect for
these species within the Project Area was determined to be "No Effect".
The cultural resources literature and records review indicate there are no previously recorded
archaeological sites, historic structure, or historic areas located within the Project Area. The records search
of the NCH PO and NCOSA files show that there are three previously recorded archaeology sites and six
historic structures within the one -mile APE. Of these cultural resources, none are eligible for listing in the
NRHP. Historic maps of the area suggest the presence of several potentially historic structures within the
project area. To determine the potential significance of the structures within the project area, field
investigation is necessary.
Based on the results of this cultural resources literature and records review, the proposed project area is not
expected to impact any known archaeological sites nor present any adverse effects to any recorded historic
structures. Due to the limited number of cultural resources surveys in the area and the presence of several
potentially historic structures within the project area, further survey and investigation would determine the
presence of any potentially significant sites within the project area. This records search has been provided for
planning purposes and consultation with the North Carolina Office of State Archaeology is advised to satisfy
the full requirements for the Section 106 process.
CLOSING
Wood appreciates the opportunity to provide our services to you. If you have questions, please contact the
undersigned at your convenience.
Project No.: 6228-22-0184
Wood Environment & Infrastructure Solutions, Inc.
September16, 2022

10837 Mount Holly Road Project
Mecklenburg County, North Carolina
Natural and Cultural Resources Review Technical Report
Sincerely,
Wood Environment & Infrastructure Solutions, Inc.
Lauren Christian, RPA 17112
Archaeologist
Attachments:
FIGURES
FIGURE 1 —Site Location Map
FIGURE 2
— Site Aerial Map
FIGURE 3
—Topographic Map
FIGURE 4
— National Wetlands Inventory Map
FIGURE 5 —
NRCS Soils Map
FIGURE 6 —Jurisdictional
Features Map
FIGURE 7 —
Known Cultural Resources Map
APPENDIX A — Photographic Log
APPENDIX B — Protected Species Database Search Queries
Project No.: 6228-22-0184
wood.
Jan Gay, LSS, CNRP
Senior Ecologist
Wood Environment & Infrastructure Solutions, Inc.
September16, 2022
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