20240467 Ver 1_MallardCrTownhomesPCNCoverLetter_20240321

PREPARED FOR:
U.S. Army Corps of Engineers, Charlotte Regulatory Office
8430 University Executive Park Drive, Suite 615
Charlotte, NC 28262
S&ME, Inc.
2016 Ayrsley Town Blvd. Suite 2-A
Charlotte, NC 28273
March 21, 2024

-a a
III
March 21, 2024
U.S. Army Corps of Engineers
Charlotte Regulatory Field Office
8430 University Executive Park Drive, Suite 615
Charlotte, North Carolina 28262
Attention: Jennifer Lawrence
North Carolina Department of Environmental Quality
Mooresville Regional Office
610 East Center Avenue, Suite 301
Mooresville, North Carolina 28115
Attention: Mecklenburg County Project Manager
Reference: Pre -Construction Notification Nationwide Permit 29
Mallard Creek Townhomes
Mallard Creek Road
Charlotte, Mecklenburg County, North Carolina
S&ME Project No. 23350415
On behalf of Appaloosa Real Estate Partners (Appaloosa), S&ME, Inc. (S&ME) is pleased to submit this application
for Department of the Army verification of impacts to Waters of the U.S. in accordance with Nationwide Permit
(NWP) 29. Appaloosa will be considered the applicant, and S&ME will act as an authorized agent and signatory on
the electronic Pre -Construction Notification (PCN) for this project (See Agent Authorization Form in Appendix 1).
An Individual 401 North Carolina Water Quality Certification (WQC) will be required for this project as it exceeds
the 0.1-acre open water and 150 linear foot (LF) threshold for General Certification (GC) 4256.
In accordance with electronic PCN requirements, we are submitting the accompanying supporting materials
pursuant to issuance of the aforementioned NWP authorization. This PCN is for authorization of impacts to
jurisdictional waters for a residential development project.
In addition to the brief project summary provided herein, please find the following enclosed:
Project Figures
Appendix I: Agent Authorization Form
Appendix 11: Project Design Sheets
Appendix III: Copy of Existing Preliminary Jurisdictional Determination
Appendix IV: Protected Species Documentation
Appendix V: Cultural Resources Documentation
S&ME, Inc. 12016 Ayrsley Town Blvd. Ste. 2A I Charlotte, NC 282731 p 704.523.4726 1 www.smeinc.com

=0
Pre -Construction Notification Nationwide Permit 29
Mallard Creek Townhomes
Mallard Creek Road
Charlotte, Mecklenburg County, North Carolina
S&ME Project No. 23350415
By copy of this correspondence and completed PCN, we are requesting your written concurrence and verification
with this electronic PCN. If you need additional information or have questions, please contact Dave Homans at
704-900-9394 or [e-mail].
Sincerely,
S&ME, Inc.
D. David Homans
Project Scientist
[e-mail]
March 21, 2024

Pre -Construction Notification Nationwide Permit 29
Mallard Creek Townhomes
Mallard Creek Road
Charlotte, Mecklenburg County, North Carolina III E
S&ME Project No. 23350415
Table of Contents
1.0 Project Information and Description............................................................................1
2.0 Purpose and Need.............................................................................................................1
3.0 Existing Jurisdictional Waters / Site Conditions........................................................1
4.0 Proposed Impacts to Jurisdictional Waters..................................................................2
5.0 Avoidance and Minimization / Mitigation..................................................................3
6.0 Protected Species and Historical and Cultural Resources........................................3
7.0 Floodplains.........................................................................................................................4
8.0 Additional Regulatory Considerations........................................................................4
List of Tables
Table 4-1 Jurisdictional Impacts Summary.............................................................................................2
Figures
Appendices
Appendix I — Agent Authorization Form
Appendix II — Project Design Sheets
Appendix III — Copy of Existing Preliminary Jurisdictional Determination
Appendix IV — Protected Species Documentation
Appendix V — Cultural Resources Documentation
March 21, 2024

Pre -Construction Notification Nationwide Permit 29
Mallard Creek Townhomes
Mallard Creek Road
Charlotte, Mecklenburg County, North Carolina III E
S&ME Project No. 23350415
1.0 Project Information and Description
The proposed project is a new single-phase residential townhome development located on east of Mallard Creek
Road and south of Alexander Road in Charlotte, Mecklenburg County, North Carolina. The project area
encompasses portions of four Mecklenburg County Parcels (PID 04715208, 04715206, 04715205, and 04715204)
totaling approximately 10.95 acres in size. The proposed project will involve the construction of 30 buildings
comprising 132 individual townhome units. In addition to site grading and building construction, the proposed
project includes the construction of two public streets and private alleys, parking, storm water drains and
underground stormwater retention, and sanitary sewer installation. The proposed project will require permanent
fill and temporary disturbance to portions of an existing open water pond, as well as fill to a headwater
intermittent stream channel.
Additional information regarding this project is contained in the body of the electronic PCN application. Refer to
Figure 1 (Vicinity Map), Figure 2 (U.S. Geologic Survey (USGS) Topographic Map), Figure 3 (Potential Waters of
the U.S. Map) and Figure 4 (Project Impact Map) as well as Appendix II (Project Design Sheets).
2.0 Purpose and Need
The proposed project will convert four existing residential properties into 132 townhome units in the rapidly
growing University area of northeastern Charlotte. This densification is necessary to help alleviate the housing
crisis currently occurring in Charlotte and the surrounding region. Permanent impacts to the onsite pond and
stream are necessary for the construction of driveways that allow the required ingress and egress, appropriate
grading to tie into existing slopes, as well as to allow for the construction of the number of building units
necessary to make the project site economically viable.
3.0 Existing Jurisdictional Waters / Site Conditions
The project site was delineated by D. David Homans of S&ME in April 2022. A Preliminary Jurisdictional
Determination (PJD), SAW-2022-01654, was issued for the delineation on July 21, 2022 and signed by Crystal
Amschler with the U.S. Army Corps of Engineers (USACE). As outlined in this PJD, the following Potential
Jurisdictional Waters were identified on site:
Stream S1: An intermittent tributary to Stream S2. This channel was approximately 421 linear feet (LF)
long with 0.025 acre of jurisdictional streambed onsite.
Stream S2: An intermittent tributary to Stream S3. This channel had approximately 244 LF of active
channel onsite with 0.019 acre of jurisdictional streambed.
Stream S3: An intermittent tributary to Mallard Creek. This channel had approximately 358 LF of active
channel onsite with 0.023 acre of jurisdictional streambed.
March 21, 2024

Pre -Construction Notification Nationwide Permit 29
Mallard Creek Townhomes
Mallard Creek Road
Charlotte, Mecklenburg County, North Carolina
S&ME Project No. 23350415
-a
• Open Water Pond OW1: This approximately 0.312-acre non -wetland water is an open water
impoundment. This feature is the result of an earthen berm dam at the headwater of Stream S2.
Wetland WA: This approximately 0.012-acre wetland is an emergent seep arising from a former spring
box and flowing down into Open Water Pond OW1.
The majority of the remainder of the project area is made up of single-family residences, well managed turf lawns,
and urban forested areas. The property is bordered by single-family residential properties to the north and east, a
church and a multifamily townhome development currently under construction to the south, and Mallard Creek
Elementary School to the west. The general vicinity is dominated by single family and multi -family residential
properties and large commercial office developments.
Please see Figure 3 for the location of the onsite jurisdictional features and Appendix III for a copy of the
aforementioned PJD with site photographs documenting current site conditions.
4.0 Proposed Impacts to Jurisdictional Waters
The proposed project will require permanent and temporary impacts to Open Water Pond OW1 and permanent
impacts to Stream S1. Project impacts are shown on Figure 4 and in the attached Project Design Plans in
Appendix II. Refer to Table 4-1 below for a summary of jurisdictional impacts.
Table 4-1 Jurisdictional Impacts Summary
Impact.o
Type
Feature Type
Impact Description
Number
Name
ImpactsImpact
m..
Fill for driveway/building
1
Open Water
Fill / Grading
Open Water
construction and
0
0.16 acre
Pond OW1
Impoundment
grading the breach in
the existing dam
Open Water
Equipment
Open Water
Temporary disturbance
2
Pond OW1
Disturbance
Impoundment
for equipment access
0.03 acre
0
Intermittent
Fill for alley and building
0.016 acre
S1
Stream S1
Dewatering
Stream
construction
0
(253 LF)
The acreage of impacts for Stream S1 was calculated from the recorded extents of Stream S1, which indicates an
average width of 2.79 feet in the areas impacted. The remainder of Open Water OW1 will be undisturbed and
allowed to revegetate as a wetland following the breach of the dam. Wetland WA and the remaining stream
channels onsite will not be disturbed, and riparian areas around the stream channels will be included in post -
construction buffer preservation areas.
March 21, 2024

Pre -Construction Notification Nationwide Permit 29
Mallard Creek Townhomes
Mallard Creek Road
Charlotte, Mecklenburg County, North Carolina III E
S&ME Project No. 23350415
5.0 Avoidance and Minimization / Mitigation
The project has been designed to minimize impacts to jurisdictional waters to the maximum extent possible while
still maximizing the number of housing units and incorporating the required access road infrastructure and safely
tying in the proposed grades to original slopes. During the project design process, site layout and building and
driveway orientation were revised to maximize the extent of Open Water OW1 that would remain undisturbed.
The outlet breach of OW1 was also modified to allow for continuity of flow into Stream S2. Slope grading
impacting Stream S1 is the minimum necessary to safely tie into existing slopes. Underground stormwater
detention was designed to prevent additional impervious surface area being directed to Open Water OW1; this
jurisdictional feature will also not be used for stormwater treatment.
During construction, appropriate sediment and erosion control practices equaling those outlined in the most
recent version of the "North Carolina Sediment and Erosion Control Planning and Design Manual" will be used to
minimize impacts to downstream receiving waters. Appropriate dewatering structures, pumps, and pump -around
features will be used so that work within Open Water OW1 is conducted "in the dry".
The project results in 0.16 acre of unavoidable permanent loss of jurisdictional open waters, which exceeds the
0.1-acre threshold established by NWP 29 for notification. Though open water impacts associated with this project
exceed the 0.1 acre threshold typically established for wetland impact mitigation, based on previous discussions
with the Charlotte Regional office of the USACE, mitigation cannot be requested for open water impacts.
Unavoidable loss of streambed associated with this project is 0.016 acre, which falls below the 0.02 acre threshold
established by the regional conditions of NWP 29 for typically requiring mitigation. As such, no compensatory
stream mitigation is proposed for this project.
6.0 Protected Species and Historical and Cultural Resources
To comply with applicable sections of the Endangered Species Act (ESA) of 1973 (16 USC 1531-1543), S&ME
conducted a protected species habitat assessment of the project in August 2023. This review involved a field
assessment of onsite habitats, as well as a North Carolina Natural Heritage Program (NCNHP) Database review to
identify rare species, important natural communities, natural areas, and/or conservation/managed areas within a
one -mile radius of the project boundary. Additionally, the U.S. Fish and Wildlife Service (USFWS) IPaC
(Information for Planning and Consultation) online service was used to generate a current list of federally
protected threatened or endangered species which may be present in the project area.
The NCNHP review indicated that no known federally protected species or were present within a one -mile radius
of the project. The USFWS IPaC review identified the following federally protected species that historically have a
potential to be in the project area:
Michaux's sumac — Rhus michauxii (Endangered)
Smooth coneflower — Echinacea laevigata (Threatened)
Schweinitz's sunflower - Helianthus schweinitzii (Endangered)
March 21, 2024

Pre -Construction Notification Nationwide Permit 29
Mallard Creek Townhomes
-a
Mallard Creek Road
Charlotte, Mecklenburg County, North Carolina III E
S&ME Project No. 23350415
The IPac did not identify any critical habitat areas for protected species within the vicinity of the project area.
Typical habitat for the three plant species listed above includes open areas such as infrequently maintained
roadsides, utility rights -of -way, and open wooded areas maintained by fire. During the field review, roadside
areas and one powerline easement were evaluated and determined to be heavily maintained areas with poor
quality habitat for these species. This assessment was made during the accepted survey season for these species,
and no individuals were identified. As such, it was determined that the project area may effect, but is not likely to
adversely affect these species.
In a February 26, 2024 e-mail, Bryon Hamstead of the USFWS concurred with the determinations of this protected
species review. Please see Appendix IV for a copy of the protected species report, as well as a copy of the
concurrence communications from the USFWS.
In order to determine consistency with the Section 106 of the National Historic Preservation Act, a 0.5-mile radius
around the project site was reviewed for known historic properties using the NC State Historic Preservation Office
(NC SHPO) HPOWEB online mapping tool (Appendix V). Results indicated that no properties listed on the
National Register of Historic Places (NRHP) or determined eligible or on the study list for this registry were located
within this radius. Furthermore, the site is located within a rapidly developing suburban residential area with no
currently known significant archeological resources; as such, it is unlikely to present a significant threat to
archaeological resources.
7.0 Floodplains
According to current 100-year floodplain information obtained from Mecklenburg County, no regulated
floodplains exist within the project area or in the immediate vicinity of the project area (Figure 2). As such the
proposed project is in full compliance with Federal Emergency Management Agency (FEMA) flood zone
regulations and restrictions.
8.0 Additional Regulatory Considerations
The proposed project has been designed to meet all general and regional conditions of NWP 29. Impacts to
jurisdictional waters are under the 0.5-acre threshold of NWP 29. All work in jurisdictional waters will be
conducted in the dry. The proposed project is located in the Yadkin / Pee -Dee watershed, outside of areas with
state -regulated riparian buffers.
A stormwater plan for this project has been prepared to be submitted to the City of Charlotte for approval.
Stormwater will be treated using underground retention under proposed roadways. Direct impacts to
jurisdictional features for the construction of stormwater control measures is not proposed and jurisdictional
features will not be used for stormwater treatment.
March 21, 2024 4

Pre -Construction Notification Nationwide Permit 29
Mallard Creek Townhomes
Mallard Creek Road
Charlotte, Mecklenburg County, North Carolina
S&ME Project No. 23350415
-a
Sanitary sewer service for the project area will tie into existing Charlotte Water sewer mains along Mallard Creek
Road and be treated at the Mallard Creek Water Reclamation Facility (WRF). Charlotte Water has approved the
necessary wastewater designs for this project.
March 21, 2024

Project Figures:
Figure 1 —Vicinity Map
Figure 2 — USGS Topographic Map
Figure 3 — Potential Waters of the U.S. Map
Figure 4 — Project Impact Map

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u REFERENCE: USGS USA TOPO STREAMING DATASET
FEMA DATA WAS OBTAINED FROM THE NATIONAL FLOOD HAZARD DATA LAYER (NFHL) FOR SUBJECT PROPERTY
a MECKLENBURG COUNTY. GIS BASE LAYERS WERE OBTAINED FROM USGS NATIONAL MAP. THIS MAP
IS FOR INFORMATIONAL PURPOSES ONLY. ALL FEATURE LOCATIONS DISPLAYED ARE APPROXIMATED. FEMA 100-YEAR FLOOD ZONES
THEY ARE NOT BASED ON CIVIL SURVEY INFORMATION, UNLESS STATED OTHERWISE.
0
SCALE: FIGURE NO.
USGS TOPOGRAPHIC MAP 1 = 2,000
DATE:
I I MALLARD CREEK TOWNHOMES 3-21-24 2
MALLARD CREEK ROAD PROJECT NUMBER
CHARLOTTE, MECKLENBURG COUNTY, NORTH CAROLINA 23350415

Appendix I - Agent Authorization Form

Proposal for Due Diligence Services
Mallard Creel( Road Assemblage
Charlotte, Mecklenburg County, North Carolina
S&ME Proposal No. 22350248-Rl
AGENT AUTHORIZATION AND RIGHT OF ENTRY FORM
5/10/2022
Date:
Project Information
S&ME Project Name: Mallard Creek Road Assemblage Due Diligence
Type of Project: Residential
9804-9916 Mallard Creek Road, Charlotte, NC
Location:
Mecklenburg County PIDs: 04715204, 04715205, 04715206, 04715208
Property Owner/Representative Information
Business Name: Appaloosa Real Estate Partners
Mailing Address: 1515 Mockingbird Lane Suite 7109
City, State, Zip Code: Charlotte, NC 28209
Telephone No. 704-910-7103
Contact: Joshua Wilkes [e-mail])
Agent Information
Business Name:
S&ME, Inc.
Street Address:
9751 Southern Pine Blvd
City, State, Zip Code:
Charlotte, NC 28273
Telephone No.
704-523-4726
Contact:
D. David Homans
1
Authorization: IA%L UAL' on behalf of
(Conta t Signature)
T pva I66S� �Ze' � C S 6 k C °v f"v!r _
(Name of Landowner or Representative)
a duly authorized owner of record of the property/ properties identified herein, hereby authorize S&ME to act as agent with the
USCAE in connection with the above -mentioned project. By signing above, I also authorize representatives of the Wilmington
District, U.S. Army Corps of Engineers (Corps) to enter upon the property herein described for the purposes of conducting on -
site investigations, if necessary, and issuing a jurisdictional determination pursuant to Section 404 of the Clean Water Act
and/or Section 10 of the River and Harbors Act of 1889. 1, the above signed, am either a duly authorized owner of record of the
property identified herein, or acting as the duly authorized agent of the owner of record of the property.

Appendix II - Project Design Sheets

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Appendix III - Copy of Existing Preliminary Jurisdictional
Determination

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2022-01134 County: Mecklenburg County
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner/Applicant
Address:
Size (acres)
Nearest Waterway
USGSHUC
Appaloosa Real Estate Partners
Mr. Joshua Wilkes
1515 Mockingbird Lane, Suite 7109
Charlotte, NC, 28209
10.95
Nearest Town Charlotte
Clarks Creek River Basin Upper Pee Dee
03040105 Coordinates Latitude: 35.3350580253425; Longitude:-80.7713194661438
Location description: The Mallard Creek Road Assemblage Project is located east of Mallard Creek Road,
approximately 0.5 miles south of the intersection of Mallard Creek Road with West Mallard Creek Church Road in
Charlotte, Mecklenburg County, North Carolina.
Indicate Which of the Following Apply:
A. Preliminary Determination
X There appear to be waters, including wetlands, on the above described property, that may be subject to Section 404 of the
Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The
waters, including wetlands, have been delineated, and the delineation has been verified by the Corps to be sufficiently
accurate and reliable. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process,
including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation
requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat all
waters and wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional
waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program
Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an
appealable action, by contacting the Corps district for further instruction.
_ There appear to be waters, including wetlands, on the above described 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 thewaters, including wetlands, have not been properly delineated, this preliminary jurisdiction
determination may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary
determination is merely an effective presumption of CWA/RHA jurisdiction over all of the waters, including wetlands, at
the project area, which is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend
that you have the waters of the U. S., including wetlands, on your 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 property subject to the permit requirements of
Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33 USC
§ 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for a period
not to exceed five years from the date of this notification.
_ There are waters of the U.S., including wetlands, on the above described property subject to the permit requirements of
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.
_ We recommend you have the waters of the U.S., including wetlands, on your 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.
Page 1 of 2

SAW-2022-01134
_ The waters of the U.S., including wetlands, on your property have been delineated and the delineation has been
verified by the Corps. 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, unless there is a change in law or our published regulations, may be relied upon
for a period not to exceed five years from the date of this notification.
_ The waters of the U.S., including wetlands, have been delineated and surveyed and are accurately depicted on the plat
signed by the Corps Regulatory Official identified below on . 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 no waters of the U.S., to include wetlands, present on the above described 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 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 Crystal Amschler
at [phone] X 4231 or Crystal. C.Amschler(ausace.army.mil.
C. Basis For Determination: N/A. An Approved JD has not been completed.
D. Attention USDA Program Participants
The delineation included herein has been conducted to identify the location and extent of the aquatic resource boundaries
and/or the jurisdictional status of aquatic resources for purposes of the Clean Water Act for the particular site identified in this
request. This delineation and/or jurisdictional determination may not be valid for the Wetland Conservation Provisions of the
Food Security Act of 1985, as amended. If you or your tenant are USDA program participants, or anticipate participation in
USDA programs, you should discuss the applicability of a certified wetland determination with the local USDA service center,
prior to starting work.
E. Appeals Information for Approved Jurisdiction Determinations (as indicated in Section 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. SHANNIN(c�USACE.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 **.
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:
Date of PJD: July 21, 2022
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�zulatory.ol2s.usace.army.mil/customer-service-survey/.

SAW-2022-01134
NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
AL REQUEST FOR APPEAL
Applicant: Appaloosa Real Estate Partners
File Number: SAW-2022-01134
Date: 7/26/2022
Attached
is:
See Section below
INITIAL PROFFERED PERMIT Standard Permit or Letter ofpermission)
A
PROFFERED PERMIT Standard Permit or Letter ofpermission)
B
PERMIT DENIAL
C
APPROVED JURISDICTIONAL DETERMINATION
D
PRELIMINARY JURISDICTIONAL DETERMINATION
E
SECTION I - The following identifies you rights and options regarding an administrative appeal of the above decision.
Additional information may be found at http://www.usace.anny.mil/Missions/CivilWorks/RegulatoryProgramandPennits.asi)x or
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 11 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 pennit 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 11 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 11 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.
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 70

SAW-2022-01134
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:
ADMINISTRATIVE APPEAL REVIEW OFFICER
69 Darlington Ave
CESAD-PDS-O
Wilmington, NC 28403
60 FORSYTH STREET SOUTHWEST, FLOOR M9
ATLANTA, GEORGIA 30303-8803
PHONE: [phone]; FAX [phone]
EMAIL: PHILIP.A.SHANNIN&USACE.ARMY.MIL
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day
notice of any site investigation, and will have the opportuni to participate in all site investi ations.
Date:
Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: Crystal Amschler, 69 Darlington Avenue, Wilmington,
North Carolina 28403
For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Phillip Shannin,
Administrative Appeal Ofliccr, CESAD-PDO, 60 Forsyth Street, Floor M9, Atlanta, GA 30303-8803
Phone: [phone]; EMAIL: PHILIP.A.SHANNIN(c USACE.ARMY.MIL

urisdictional Determination Reauest
US Army Corps
of Engineers.
Wilmington District
This form is intended for use by anyone requesting a jurisdictional determination (JD) from the
U.S. Army Corps of Engineers, Wilmington District (Corps). Please include all supporting
information, as described within each category, with your request. You may submit your request
via mail, electronic mail, or facsimile. Requests should be sent to the appropriate project
manager of the county in which the property is located. A current list of project managers by
assigned counties can be found on-line at:
http://www.saw.usace.aimy.mil/Missions/Re ul�atoiyPermitProi4ram/Contact/CountyLocator.aspx,
by calling 910-251-4633, or by contacting any of the field offices listed below. Once your
request is received you will be contacted by a Corps project manager.
ASHEVILLE & CHARLOTTE REGULATORY
FIELD OFFICES
US Army Corps of Engineers
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
General Number: [phone]
Fax Number: [phone]
RALEIGH REGULATORY FIELD OFFICE
US Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
General Number: [phone]
Fax Number: [phone]
INSTRUCTIONS:
WASHINGTON REGULATORY FIELD OFFICE
US Army Corps of Engineers
2407 West Fifth Street
Washington, North Carolina 27889
General Number: [phone]
Fax Number: [phone]
WILMINGTON REGULATORY FIELD OFFICE
US Army Corps of Engineers
69 Darlington Avenue
Wilmington, North Carolina 28403
General Number: 910-251-4633
Fax Number: [phone]
All requestors must complete Parts A, B, C, D, E, F and G.
NOTE TO CONSULTANTS AND AGENCIES: If you are requesting a JD on behalf of a
paying client or your agency, please note the specific submittal requirements in Part H.
NOTE ON PART D — PROPERTY OWNER AUTHORIZATION: Please be aware that
all JD requests must include the current property owner authorization for the Corps to
proceed with the determination, which may include inspection of the property when
necessary. This form must be signed by the current property owner(s) or the owner(s)
authorized agent to be considered a complete request.
NOTE ON PART D - NCDOT REQUESTS: Property owner authorization/notification for
JD requests associated with North Carolina Department of Transportation (NCDOT)
projects will be conducted according to the current NCDOT/USACE protocols.
NOTE TO USDA PROGRAM PARTICIPANTS: A Corps approved or preliminary JD
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 also request a certified wetland determination from the local
office of the Natural Resources Conservation Service, prior to starting work.
Version: May 2017 Page 1

Jurisdictional Determination Request
A. PARCEL INFORMATION
Street Address: 9804, 9828,9904, and 9916 Mallard Creek Rc
City, State: Charlotte, North Carolina
County: Mecklenburg
Parcel Index Number(s) (PIN): 04715208, 04715206, 04715205,
04715204
B. REQUESTOR INFORMATION
Name: D. David Homans, S&ME Inc.
Mailing Address: 9751 Southern Pine Blvd.
Charlotte, NC, 28273
Telephone Number: 704-900-9394
Electronic Mail Address: [e-mail]
Select one:
❑ I am the current property owner.
❑ I am an Authorized Agent or Environmental Consultanti
Interested Buyer or Under Contract to Purchase
Other, please explain.
I am the agent of the real estate developer (below)
C. PROPERTY OWNER INFORMATION'
Name: Appaloosa Real Estate Partners
Mailing Address: 1515 Mockingbird Lane Suite 7109
Charlotte, NC 28211
Telephone Number: 704.910.7103
Electronic Mail Address: [e-mail]
1 Must provide completed Agent Authorization Form/Letter.
2 Documentation of ownership also needs to be provided with request (copy of Deed, County GIS/Parcel/Tax Record).
Version: May 2017 Page 2

Jurisdictional Determination Request
D. PROPERTY ACCESS CERTIFICATION',4
By signing below, I authorize representatives of the Wilmington District, U.S. Army Corps of
Engineers (Corps) to enter upon the property herein described for the purpose of conducting on -
site investigations, if necessary, and issuing a jurisdictional determination pursuant to Section
404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. I, the
undersigned, am either a duly authorized owner of record of the property identified herein, or
acting as the duly authorized agent of the owner of record of the property.
D. David Homans, S&ME Inc.
Print Name
Capacity: ❑ Owner ✓❑ Authorized Agent'
5/ 10/2022
Date
Signature
E. REASON FOR JD REQUEST: (Check as many as applicable)
✓❑ I intend to construct/develop a projector perform activities on this parcel which would be
designed to avoid all aquatic resources.
✓❑ I intend to construct/develop a projector perform activities on this parcel which would be
designed to avoid all jurisdictional aquatic resources under Corps authority.
✓❑ I intend to construct/develop a projector perform activities on this parcel which may
require authorization from the Corps, and the JD would be used to avoid and minimize
impacts to jurisdictional aquatic resources and as an initial step in a future permitting
process.
❑ I intend to construct/develop a projector perform activities on this parcel which may
require authorization from the Corps; this request is accompanied by my permit application
and the JD is to be used in the permitting process.
❑ I intend to construct/develop a project or perform activities in a navigable water of the
U.S. which is included on the district Section 10 list and/or is subject to the ebb and flow of
the tide.
A Corps JD is required in order obtain my local/state authorization.
I intend to contest jurisdiction over a particular aquatic resource and request the Corps
confirm that jurisdiction does/does not exist over the aquatic resource on the parcel.
❑ I believe that the site may be comprised entirely of dry land.
❑ Other:
3 For NCDOT requests following the current NCDOT/USACE protocols, skip to Part E.
a If there are multiple parcels owned by different parties, please provide the following for each additional parcel on a
continuation sheet.
s Must provide agent authorization form/letter signed by owner(s).
Version: May 2017 Page 3

Jurisdictional Determination Request
F. JURISDICTIONAL DETERNIINATION (JD) TYPE (Select One)
7 I am requesting that the Corps provide a preliminM JD for the property identified herein.
A Preliminary Jurisdictional Determination (PJD) provides an indication that there may
be "waters of the United States" or "navigable waters of the United States"on a property.
PJDs are sufficient as the basis for permit decisions. For the purposes of permitting, all
waters and wetlands on the property will be treated as if they are jurisdictional "waters of
the United States". PJDs cannot be appealed (33 C.F.R. 331.2); however, a PJD is
"preliminary" in the sense that an approved JD can be requested at any time. PJDs do
not expire.
❑ I am requesting that the Corps provide an approved JD for the property identified herein.
An Approved Jurisdictional Determination (AJD) is a determination that
jurisdictional "waters of the United States" or "navigable waters of the United
States" are either present or absent on a site. An approved JD identifies the limits of
waters on a site determined to be jurisdictional under the Clean Water Act and/or
Rivers and Harbors Act. Approved JDs are sufficient as the basis for permit
decisions. AJDs are appealable (33 C.F.R. 331.2). The results of the AJD will be
posted on the Corps website. A landowner, permit applicant, or other "affected
party" (33 C.F.R. 331.2) who receives an AJD may rely upon the AJD for five years
(subject to certain limited exceptions explained in Regulatory Guidance Letter 05-
02).
❑ I am unclear as to which JD I would like to request and require additional information
to inform my decision.
G. ALL REQUESTS
Map of Property or Project Area. This Map must clearly depict the boundaries of the
review area.
✓� Size of Property or Review Area 10.95 acres.
❑✓ The property boundary (or review area boundary) is clearly physically marked on the site.
Version: May 2017 Page 4

Jurisdictional Determination Request
H. REQUESTS FROM CONSULTANTS
Project Coordinates (Decimal Degrees): Latitude:
35.335102
Longitude:-80.771215
A legible delineation map depicting the aquatic resources and the property/review area.
Delineation maps must be no larger than I Ix 17 and should contain the following: (Corps
signature of submitted survey plats will occur after the submitted delineation map has been
reviewed and approved).6
■ North Arrow
■ Graphical Scale
■ Boundary of Review Area
■ Date
■ Location of data points for each Wetland Determination Data Form or tributary
assessment reach.
For Approved Jurisdictional Determinations:
■ Jurisdictional wetland features should be labeled as Wetland Waters of the US, 404
wetlands, etc. Please include the acreage of these features.
■ Jurisdictional non -wetland features (i.e. tidal/navigable waters, tributaries,
impoundments) should be labeled as Non -Wetland Waters of the US, stream, tributary,
open water, relatively permanent water, pond, etc. Please include the acreage or linear
length of each of these features as appropriate.
■ Isolated waters, waters that lack a significant nexus to navigable waters, or non -
jurisdictional upland features should be identified as Non -Jurisdictional. Please
include a justification in the label regarding why the feature is non jurisdictional (i.e.
"Isolated", "No Significant Nexus", or "Upland Feature"). Please include the acreage
or linear length of these features as appropriate.
For Preliminary Jurisdictional Determinations:
Wetland and non -wetland features should not be identified as Jurisdictional, 404,
Waters of the United States, or anything that implies jurisdiction. These features can be
identified as Potential Waters of the United States, Potential Non -wetland Waters of
the United States, wetland, stream, open water, etc. Please include the acreage and
linear length of these features as appropriate.
Completed Wetland Determination Data Forms for appropriate region
(at least one wetland and one upland form needs to be completed for each wetland type)
6 Please refer to the guidance document titled "Survey Standards for Jurisdictional Determinations" to ensure that the
supplied map meets the necessary mapping standards. hM2://www.saw.usace.4rmy.mil/Missions/Regulatoly-Permit-
Pro gram/Jurisdiction/
Version: May 2017 Page 5

Jurisdictional Determination Request
F4Completed appropriate Jurisdictional Determination form
• PJDs, please complete a Preliminary Jurisdictional Determination Form' and include the
Aquatic Resource Table
• AJDS• please complete an Approved Jurisdictional Determination Form'.
Vicinity Map
Aerial Photograph
USGS Topographic Map
Soil Survey Map
Other Maps, as appropriate (e.g. National Wetland Inventory Map, Proposed Site
Plan, previous delineation maps, LIDAR maps, FEMA floodplain maps)
Landscape Photos (if taken)
NCSAM and/or NCWAM Assessment Forms and Rating Sheets
NC Division of Water Resources Stream Identification Forms
hJ Other Assessment Forms
' www.saw.usace.4rmy.mil/Portals/59/docs/regulatory/readocs/JD/RGL 08-02_App A Prelim _JD_Form fillable.pdf
8 Please see hM2://www.saw.usace.4M.mil/Missions/Regulatory-Permit-Program/Jurisdiction/
Principal Purpose: The information that you provide will be used in evaluating your request to determine
whether there are any aquatic resources within the project area subject to federaljurisdiction under the regulatory
authorities referenced above.
Routine Uses: This information may be shared with the Department of Justice and other federal, state, and local
government agencies, and the public, and may be made available as part of a public notice as required by federal
law. Your name and property location where federal jurisdiction is to be determined will be included in the
approved jurisdictional determination (AJD), which will be made available to the public on the District's website
and on the Headquarters USAGE website.
Disclosure: Submission of requested information is voluntary; however, if information is not provided, the
request for an AJD cannot be evaluated nor can an AJD be issued.
Version: May 2017 Page 6

Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD: 5/6/2022
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: D. Homans / SW E
C. DISTRICT OFFICE, FILE NAME, AND NUMBER:
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION:
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR
AQUATIC RESOURCES AT DIFFERENT SITES)
State: NC County/parish/borough: Mecklenburg City: Charlotte
Center coordinates of site (lat/long in degree decimal format):
Lat.: 35.335102 Long.:-80.771215
Universal Transverse Mercator:
Name of nearest waterbody: Mallard Creek
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
❑ Office (Desk) Determination. Date:
■❑ Field Determination. Date(s): 4/8/2022
TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY
JURISDICTION.
Site
number
Latitude
(decimal
degrees)
Longitude
(decimal
degrees)
Estimated amount
of aquatic resource
in review area
(acreage and linear
feet, if applicable)
Type of aquatic
resource (i.e., wetland
vs. non -wetland
waters)
Geographic authority
to which the aquatic
resource "may be"
subject (i.e., Section
404 or Section 10/404)
S 1
35.334227
-80.771298
336 LF, 0.053 Ac.
Non -Wetland Waters
Section 404
S2
35.334098
-80.771105
56 LF, 0.004 AC.
Non -Wetland Waters
Section 404
S3
35.334120
-80.770754
87 LF, 0.005 AC.
Non -Wetland Waters
Section 404
OW1
35.334937
-80.770672
0.312 Ac.
Non -Wetland Waters
Section 404
WA
35.335238
-80.770527
0.012 Ac.
Wetland
Section 404

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

SUPPORTING DATA. Data reviewed for PJD (check all that apply)
Checked items should be included in subject file. Appropriately reference sources
below where indicated for all checked items:
■❑ Maps, plans, plots or plat submitted by or on behalf of the PJD requestor:
Map:Potential Waters of the U.S. Map (Figure 3)
0 Data sheets prepared/submitted by or on behalf of the PJD requestor.
❑ 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: Derlta 1 :24,000
■❑ Natural Resources Conservation Service Soil Survey. Citation: SSURGO Data
❑ National wetlands inventory map(s). Cite name:
❑ State/local wetland inventory map(s):
❑ FEMA/FIRM maps:
❑ 100-year Floodplain Elevation is: .(National Geodetic Vertical Datum of 1929)
■❑ Photographs: ■❑ Aerial (Name & Date): 2022 Nearmap
or ■❑ Other (Name & Date): 4/8/2022 Field Photographs
❑ Previous determination(s). File no. and date of response letter:
❑ Other information (please specify):
IMPORTANT NOTE: The information recorded on this form has not necessarily
been verified by the Corps and should not be relied upon for later jurisdictional
determinations.
Signature and date of
Regulatory staff member
completing PJD
Signature and date of
person requesting PJD
(REQUIRED, unless obtaining
the signature is impracticable)'
' Districts may establish timeframes for requestor to return signed PJD forms. If the requestor 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.

Proposal for Due Diligence Services
Mallard Creel( Road Assemblage
Charlotte, Mecklenburg County, North Carolina
S&ME Proposal No. 22350248-Rl
AGENT AUTHORIZATION AND RIGHT OF ENTRY FORM
5/10/2022
Date:
Project Information
S&ME Project Name: Mallard Creek Road Assemblage Due Diligence
Type of Project: Residential
9804-9916 Mallard Creek Road, Charlotte, NC
Location:
Mecklenburg County PIDs: 04715204, 04715205, 04715206, 04715208
Property Owner/Representative Information
Business Name: Appaloosa Real Estate Partners
Mailing Address: 1515 Mockingbird Lane Suite 7109
City, State, Zip Code: Charlotte, NC 28209
Telephone No. 704-910-7103
Contact: Joshua Wilkes [e-mail])
Agent Information
Business Name:
S&ME, Inc.
Street Address:
9751 Southern Pine Blvd
City, State, Zip Code:
Charlotte, NC 28273
Telephone No.
704-523-4726
Contact:
D. David Homans
1
Authorization: IA%L UAL' on behalf of
(Conta t Signature)
T pva I66S� �Ze' � C S 6 k C °v f"v!r _
(Name of Landowner or Representative)
a duly authorized owner of record of the property/ properties identified herein, hereby authorize S&ME to act as agent with the
USCAE in connection with the above -mentioned project. By signing above, I also authorize representatives of the Wilmington
District, U.S. Army Corps of Engineers (Corps) to enter upon the property herein described for the purposes of conducting on -
site investigations, if necessary, and issuing a jurisdictional determination pursuant to Section 404 of the Clean Water Act
and/or Section 10 of the River and Harbors Act of 1889. 1, the above signed, am either a duly authorized owner of record of the
property identified herein, or acting as the duly authorized agent of the owner of record of the property.

Attachment I — Figures

NOTE: POTENTIAL JURISDICTIONAL FEATURES WERE DELINEATED IN THE FIELD BY S&ME ON APRIL 8, 2022. FEATURES WERE LOCATEDr-
WITH GPS EQUIPMENT CAPABLE OF SUB -METER ACCURACY. THEY HAVE NOT BEEN SURVEYED BY A REGISTERED LAND SURVEYOR. )j�k ^'
DERrRDTf
' V
} I �
k
x
r ?s ° f
0.
. ASS,
k
E l _ 9 .it !
POND OW1 WETLAND WA i
oPotential Non -Wetland Open Water 4,,� Potential WetlandOn
0.312 ac. on Subject Property 4 0012 ac. on Subject Property
. WA
STREAM S2
Potential Intermittent Non -Wetland Water
244 LF (0.019 ac.) on Subject Property
STREAM S1
' F Potential Intermittent Non -Wetland Water `' • y.,,�
s - u
421 LF (0.025 ac.) on Subject Property I ! rl R
k.r ,:,i • -S2 i; S3 • }.;+'' STREAM S3 {'A
kIntermittent Non -Wetland Water ;rr
?:' z Ot 4 � }{ 358 LF (0 023 ac.) on Subject Property
SUBJECT PROPERTY 10.95 AC.
^� POTENTIAL NON -WETLAND TRIBUTARIES
';745 �I
_�® POTENTIAL WETLANDS
0yP —� 1520 70 300„`t i ro o
"I•q' Q POTENTIAL NON -WETLAND OPEN WATERS
O STREAM DATA POINT
w REFERENCE:2022 AERIAL PHOTOGRAPH
s GIS BASE LAYERS WERE OBTAINED FROM MECKLENBURG COUNTY r J J 11 UPLAND DATA POINT
a AND NEARMAP/ DURHAM COUNTY. ALL FEATURE LOCATIONS we rf
DISPLAYED ARE APPROXIMATED THEY ARE NOT BASED ON CIVIL 3m '
• � � �', � � ® WETAND DATA POINT
0
SURVEY INFORMATION, UNLESS STATED OTHERWISE.
SCALE: FIGURE NO.
POTENTIAL WATERS OF THE U.S. MAP 1 " = 150 '
DATE:
I I MALLARD CREEK ROAD ASSEMBLAGE 5-4-22
MALLARD CREEK ROAD PROJECT NUMBER
CHARLOTTE, MECKLENBURG COUNTY, NORTH CAROLINA 22350248

Attachment II — Site Photographs

Jurisdictional Waters Assessment
Mallard Creek Road Assemblage
Charlotte, North Carolina
S&ME Project No. 22350248
-©r
April 8, 2022

Jurisdictional Waters Assessment
Mallard Creek Road Assemblage
Charlotte, North Carolina
S&ME Project No. 22350248
r/
Il
�
xG ,t
_� tea` � � 1 �-
1111
/ � � �✓�r�
1
Location Orientation
At origin of Stream S1, looking south (downstream).
Remarks I Stream S1 downstream of its origin.
April 8, 2022

Jurisdictional Waters Assessment
Mallard Creek Road Assemblage
Charlotte, North Carolina
S&ME Project No. 22350248
Location / Orientation I At origin of Stream S2, looking south.
5
Remarks I Stream S2 downstream from its origin.
-©r
April 8, 2022

Jurisdictional Waters Assessment
Mallard Creek Road Assemblage
Charlotte, North Carolina
S&ME Project No. 22350248
f
a
•
Stream S3 at upstream property boundary, looking
Location Orientation
•
•
•
-©r
April 8, 2022

Jurisdictional Waters Assessment
Mallard Creek Road Assemblage
Charlotte, North Carolina
S&ME Project No. 22350248
sy
Location / Orientation At pond, looking west.
9 Remarks Potentially jurisdictional open water pond- earthen
dam visible on the left.
N
i lots
N
y
E.
TO
7111 � . •w��.
J
!
dd t
L
aMF
.` CSC.. �
O
�`� � T a'y .r ro � ry',• �a t�d�vp � �
_�
Y_�'�:,.
a
�n..�;i•�,;,•p� �
} fir.
�
f-P�1..ilr` . r St',�w's-.o��.
.d'°,,..� .h .
d
Location / Orientation
At Wetland WA, looking south
towards the pond.
10
View of Wetland WA at former
spring box origin
Remarks
upstream from the pond.
April 8, 2022

Jurisdictional Waters Assessment
Mallard Creek Road Assemblage
Charlotte, North Carolina
S&ME Project No. 22350248
Location Orientation At Upland data point UP-1, looking northwest.
April 8, 2022
April 8, 2022

Attachment III — Data Forms

NC Division of Water Quality -Methodology for Identification of Intermittent and
Perennial Streams and Their Origins v. 4.11
NC DWQ Stream Identification Form Version 4.11
Date: 4/8/2022
Project/Site: Mallard Cr. Rd. Assemblage
Latitude: 35.334227
Evaluator: D. David Homans
County: Mecklenburg
Longitude:-80.771298
Total Points:
Stream is least intermittent 28.5
Stream Determination (circle one)
Other Stream S1
at
if>_ 19 or perennial if>_ 30"
Intermittent
e.g. Quad Name:
A. Geomorphology (Subtotal = 15 )
Absent
Weak
Moderate
Strong
1a. Continuity of channel bed and bank
0
1 0
2 0
30
2. Sinuosity of channel along thalweg
0
1 •
2
3
3. In -channel structure: ex. riffle -pool, step -pool,
ripple -pool sequence
0 0
1 0
2 0
30
4. Particle size of stream substrate
0 0
1 0
2 0
3 •
5. Active/relict floodplain
0 0
1•
2
30
6. Depositional bars or benches
0
1 •
2 n
3
7. Recent alluvial deposits
0
1 •
20
3
8. Headcuts
0 •
1
2
3
9. Grade control
00
0.50
10
1.50
10. Natural valley
0 0
1 0.5
1 0
1 1.50
11. Second or greater order channel
No = 0 •
Yes = 3
a artificial ditches are not rated; see discussions in manual
B. Hydrology (Subtotal = 7.5 )
12. Presence of Baseflow
00
10
2 0
30
13. Iron oxidizing bacteria
0 •
10
2
3
14. Leaf litter
1.
1 Q
0.
0
15. Sediment on plants or debris
0
0.5 •
1
1.5
16. Organic debris lines or piles
00
0.5
1 •
1.5
17. Soil -based evidence of high water table?
No = 0
Yes = 3
C. Biology (Subtotal =
18. Fibrous roots in streambed
3
2 •
in
0
19. Rooted upland plants in streambed
3 •
20
10
0
20. Macrobenthos (note diversity and abundance)
0
1R
2
3
21. Aquatic Mollusks
0 •
1
2
3
22. Fish
0 •
0.50
in
1.5
23. Crayfish
0 .
0.5
1
1.5
24. Amphibians
0 •
0.5
1
1.5
25. Algae
0 •
0.5 U
10
1.5
26. Wetland plants in streambed
FACW = 0.7500BL =
1.500ther = 0 p
'perennial streams may also be identified using other methods. See p. 35 of manual.
Notes: Stream originates at seep on the project property.
See attached figures
Sketch:
41

NC Division of Water Quality -Methodology for Identification of Intermittent and
Perennial Streams and Their Origins v. 4.11
NC DWQ Stream Identification Form Version 4.11
Date: 4/8/2022
Project/Site: Mallard Cr. Rd. Assemblage
Latitude: 35.334098
Evaluator: D. David Homans
County: Mecklenburg
Longitude:-80.771105
Total Points:
Stream is least intermittent 25
Stream Determination (circle one)
Other Stream S2
at
if>_ 19 or perennial if>_ 30"
Intermittent
e.g. Quad Name:
A. Geomorphology (Subtotal = 13 )
Absent
Weak
Moderate
Strong
1a. Continuity of channel bed and bank
0
1 •
2 0
30
2. Sinuosity of channel along thalweg
0
1 .
2
3
3. In -channel structure: ex. riffle -pool, step -pool,
ripple -pool sequence
0 0
1 O
2 0
30
4. Particle size of stream substrate
0 0
1 0
2 0
3
5. Active/relict floodplain
0 0
1
2
30
6. Depositional bars or benches
0
1
2 .
3
7. Recent alluvial deposits
0
1 .
20
3
8. Headcuts
00
1
2 •
3
9. Grade control
00
0.50
10
1.50
10. Natural valley
00
0.5
10
1 1.50
11. Second or greater order channel
No = 0 •
Yes = 3
a artificial ditches are not rated; see discussions in manual
B. Hydrology (Subtotal = 7.5 )
12. Presence of Baseflow
00
1 O
20
30
13. Iron oxidizing bacteria
0
1 •
2
3
14. Leaf litter
1.50
1 Q
0.
0
15. Sediment on plants or debris
0
0.5
1 •
1.5
16. Organic debris lines or piles
00
0.5 •
lu
1.5
17. Soil -based evidence of high water table?
No = 0
Yes = 3 .
C. Biology (Subtotal = 4.5 )
18. Fibrous roots in streambed
3
2 •
in
0
19. Rooted upland plants in streambed
3
2 •
10
0
20. Macrobenthos (note diversity and abundance)
0 •
1
2
3
21. Aquatic Mollusks
0 •
10
2
3
22. Fish
0(.)
0.50
in
1.5
23. Crayfish
0 •
0.5
1
1.5
24. Amphibians
0 •
0.5
1
1.5
25. Algae
00
0.5 •
10
1.5
26. Wetland plants in streambed
•
FACW = 0.7500BL =
1.500ther = 0 Q
'perennial streams may also be identified using other methods. See p. 35 of manual.
Notes: Stream originates at see behind an earthen embankment
pond dam. A brief break occurs in the the channel in an area of subterranean /
overland sheet flow, prior to a downstream headcut.
See attached figures
Sketch:
41

NC Division of Water Quality -Methodology for Identification of Intermittent and
Perennial Streams and Their Origins v. 4.11
NC DWQ Stream Identification Form Version 4.11
Date: 4/8/2022
Project/Site: Mallard Cr. Rd. Assemblage
Latitude: 35.334120
Evaluator: D. David Homans
County: Mecklenburg
Longitude:-80.770754
Total Points:
Stream is least intermittent 26.5
Stream Determination (circle one)
Other Stream S3
at
if>_ 19 or perennial if>_ 30"
Intermittent
e.g. Quad Name:
A. Geomorphology (Subtotal = 13.5 )
Absent
Weak
Moderate
Strong
1a. Continuity of channel bed and bank
0
1 0
2 0
30
2. Sinuosity of channel along thalweg
0
1 .
2
3
3. In -channel structure: ex. riffle -pool, step -pool,
ripple -pool sequence
0 0
1 0
2 0
30
4. Particle size of stream substrate
0 0
1 •
2 0
3
5. Active/relict floodplain
0 0
1
2
30
6. Depositional bars or benches
0
1
2 .
3
7. Recent alluvial deposits
0
1 0
2 •
3
8. Headcuts
00
1
2 •
3
9. Grade control
00
0.5 •
10
1.50
10. Natural valley
00
0.5
1 0
1 1.50
11. Second or greater order channel
No = 0 •
Yes = 3
a artificial ditches are not rated; see discussions in manual
B. Hydrology (Subtotal = 9 )
12. Presence of Baseflow
00
10
20
30
13. Iron oxidizing bacteria
0
1 •
2
3
14. Leaf litter
1.50
1 Q
0.
0
15. Sediment on plants or debris
0
0.50
1 •
1.5
16. Organic debris lines or piles
00
0.5 U
1 •
1.5
17. Soil -based evidence of high water table?
No = 0
Yes = 3 .
C. Biology (Subtotal =
18. Fibrous roots in streambed
3
2
1 .
0
19. Rooted upland plants in streambed
30
2 •
10
0
20. Macrobenthos (note diversity and abundance)
0
1 •
2
3
21. Aquatic Mollusks
0 •
1
2
3
22. Fish
0(.)
0.50
in
1.5
23. Crayfish
0 •
0.5
1
1.5
24. Amphibians
0 •
0.5
1
1.5
25. Algae
0 •
0.5 U
10
1.5
26. Wetland plants in streambed
•
FACW = 0.7500BL =
1.500ther = 00
'perennial streams may also be identified using other methods. See p. 35 of manual.
Notes: Channel has been straightened over most of the
project area. Originates at an headcut / subterannean flow area near the
property
boundary fence.
See attached figures
Sketch:
41

U.S. Army Corps of Engineers Requirement Control Symbol
WETLAND DETERMINATION DATA SHEET — Eastern Mountains and Piedmont Region EXEMPT
(Authority. AR 335-15,
See ERDC/EL TR-07-24; the proponent agency is CECW-CO-R paragraph 5-2a)
Project/Site: Mallard Creek Road Assemblage City/County: Charlotte / Mecklenburg Sampling Date: 4/8/2022
Applicant/Owner: Appaloosa Real Estate Partners State: NC Sampling Point: WA
Investigator(s): D. Homans (S&ME Inc.) Section, Township, Range:
Landform (hillside, terrace, etc.): valley bottom; pond margin Local relief (concave, convex, none): concave Slope (%): 1
Subregion (LRR or MLRA): LRR P, MLRA 136 Lat: 35.335238 Long:-80.770527 Datum:
Soil Map Unit Name: Mecklenburg Fine Sandy Loam NWI classification: none
Are climatic / hydrologic conditions on the site typical for this time of year? Yes X No (If no, explain in Remarks.)
Are Vegetation Soil or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes X No
Are Vegetation Soil or Hydrology naturally problematic? (If needed, explain any answers in Remarks.)
SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc.
Hydrophytic Vegetation Present? Yes X No Is the Sampled Area
Hydric Soil Present? Yes X No within a Wetland? Yes X No
Wetland Hydrology Present? Yes X No
Remarks:
See Figure 3 for data point location. Wetland is located in upslope headwater margin of pond below a former spring box
HYDROLOGY
Wetland Hydrology Indicators:
Secondary Indicators (minimum of two required)
Primary Indicators (minimum of one is required; check all that apply)
—Surface Soil Cracks (136)
X Surface Water (Al) _True
Aquatic Plants (1314)
_Sparsely Vegetated Concave Surface (138)
X High Water Table (A2) _Hydrogen
Sulfide Odor (C1)
_Drainage Patterns (1310)
X Saturation (A3) _Oxidized
Rhizospheres on Living Roots (C3)
_Moss Trim Lines (1316)
—Water Marks (131) —Presence
of Reduced Iron (C4)
_ Dry -Season Water Table (C2)
_Sediment Deposits (132) _Recent
Iron Reduction in Tilled Soils (C6)
_Crayfish Burrows (C8)
_Drift Deposits (133) _Thin
Muck Surface (C7)
_Saturation Visible on Aerial Imagery (C9)
_Algal Mat or Crust (134) _Other
(Explain in Remarks)
_Stunted or Stressed Plants (D1)
_Iron Deposits (135)
_Geomorphic Position (D2)
—Inundation Visible on Aerial Imagery (137)
_Shallow Aquitard (D3)
—Water-Stained Leaves (139)
_ Microtopographic Relief (D4)
Aquatic Fauna (1313)
X FAC-Neutral Test (D5)
Field Observations:
Surface Water Present? Yes X No
Depth (inches): 1
Water Table Present? Yes X No
Depth (inches): 0
Saturation Present? Yes X No
Depth (inches): 0
Wetland Hydrology Present? Yes X No
(includes capillary fringe)
Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available:
Remarks:
ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont — Version 2.0

VEGETATION (Four Strata) - Use scientific names of plants.
Sampling Point: WA
Absolute Dominant
Indicator
Tree Stratum (Plot size: 30 )
% Cover Species?
Status
Dominance Test worksheet:
1
Number of Dominant Species
2.
That Are OBL, FACW, or FAC: 2 (A)
3.
Total Number of Dominant
4.
Species Across All Strata: 2 (B)
5.
Percent of Dominant Species
6.
That Are OBL, FACW, or FAC: 100.0% (A/B)
7.
Prevalence Index worksheet:
=Total Cover
Total % Cover of: Multiply by:
50% of total cover:
20% of total cover:
OBL species 50 x 1 = 50
Sapling/Shrub Stratum (Plot size: 15
)
FACW species 35 x 2 = 70
1.
FAC species 0 x 3 = 0
2.
FACU species 8 x 4 = 32
3.
UPL species 0 x 5 = 0
4.
Column Totals: 93 (A) 152 (B)
5.
Prevalence Index = B/A = 1.63
6.
Hydrophytic Vegetation Indicators:
7.
_ 1 - Rapid Test for Hydrophytic Vegetation
8.
X 2 - Dominance Test is >50%
9.
X 3 - Prevalence Index is <_3.0'
=Total Cover
4 - Morphological Adaptations' (Provide supporting
50% of total cover:
20% of total cover:
data in Remarks or on a separate sheet)
Herb Stratum (Plot size: 5 )
-Problematic Hydrophytic Vegetation' (Explain)
1. Carex lurida
50 Yes
OBL
'Indicators of hydric soil and wetland hydrology must be
2. Juncus effusus
30 Yes
FACW
present, unless disturbed or problematic.
Definitions of Four Vegetation Strata:
3. Prunella vulgaris 8 No FACU
4. Ranunculus abortivus
5 No
FACW
Tree - Woody plants, excluding vines, 3 in. (7.6 cm) or
5.
more in diameter at breast height (DBH), regardless of
6
height.
7.
Sapling/Shrub -Woody plants, excluding vines, less
8.
than 3 in. DBH and greater than or equal to 3.28 ft
9
(1 m) tall.
10.
Herb - All herbaceous (non -woody) plants, regardless
11.
of size, and woody plants less than 3.28 ft tall.
93 =Total Cover
Woody Vine - All woody vines greater than 3.28 ft in
50% of total cover:
47 20% of total cover:
19
height.
Woody Vine Stratum (Plot size: 30 )
1.
2.
3.
4.
5.
Hydrophytic
=Total Cover
Vegetation
50% of total cover:
20% of total cover:
Present? Yes X No
Remarks: (Include photo numbers here or on a separate sheet.)
ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont - Version 2.0

SOIL
Sampling Point: WA
Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.)
Depth Matrix Redox Features
(inches) Color (moist) % Color (moist) % Types Loc2 Texture Remarks
0-12 10YR 4/2 80 5YR 5/6 20 C M Loamy/Clayey Prominent redox concentrations
Type: C=Concentration, D=Depletion,
Hydric Soil Indicators:
_ Histosol (Al)
_ Histic Epipedon (A2)
—Black Histic (A3)
—Hydrogen Sulfide (A4)
—Stratified Layers (A5)
_2 cm Muck (A10) (LRR N)
_ Depleted Below Dark Surface (A11:
_Thick Dark Surface (Al2)
—Sandy Mucky Mineral (S1)
—Sandy Gleyed Matrix (S4)
—Sandy Redox (S5)
—Stripped Matrix (S6)
Dark Surface (S7)
Restrictive Layer (if observed):
Type:
Depth (inches):
Remarks:
RM=Reduced Matrix, MS=Masked Sand Grains
_ Polyvalue Below Surface (S8) (MLRA 147, 148)
_Thin Dark Surface (S9) (MLRA 147, 148)
—Loamy Mucky Mineral (F1) (MLRA 136)
—Loamy Gleyed Matrix (F2)
X Depleted Matrix (F3)
_ Redox Dark Surface (F6)
—Depleted Dark Surface (F7)
_ Redox Depressions(F8)
_ Iron -Manganese Masses (F12) (LRR N,
MLRA 136)
_ Umbric Surface (F13) (MLRA 122, 136)
_ Piedmont Floodplain Soils (F19) (MLRA 148)
Red Parent Material (F21) (MLRA 127, 147, 148)
2Location: PL=Pore Lining, M=Matrix
Indicators for Problematic Hydric Soils3:
_2 cm Muck (A10) (MLRA 147)
—Coast Prairie Redox (A16)
(MLRA 147, 148)
—Piedmont Floodplain Soils (F19)
(MLRA 136, 147)
—Red Parent Material (F21)
(outside MLRA 127, 147, 148)
_Very Shallow Dark Surface (F22)
Other (Explain in Remarks)
3Indicators of hydrophytic vegetation and
wetland hydrology must be present,
unless disturbed or problematic.
Hydric Soil Present? Yes X No
ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont — Version 2.0

U.S. Army Corps of Engineers Requirement Control Symbol
WETLAND DETERMINATION DATA SHEET — Eastern Mountains and Piedmont Region EXEMPT
(Authority. AR 335-15,
See ERDC/EL TR-07-24; the proponent agency is CECW-CO-R paragraph 5-2a)
Project/Site: Mallard Creek Road Assemblage City/County: Charlotte / Mecklenburg Sampling Date: 4/8/2022
Applicant/Owner: Appaloosa Real Estate Partners State: NC Sampling Point: UP-1
Investigator(s): D. Homans (S&ME Inc.) Section, Township, Range:
Landform (hillside, terrace, etc.): valley slope Local relief (concave, convex, none): concave Slope (%): 3
Subregion (LRR or MLRA): LRR P, MLRA 136 Lat: 35.335421 Long:-80.770533 Datum:
Soil Map Unit Name: Mecklenburg Fine Sandy Loam NWI classification: none
Are climatic / hydrologic conditions on the site typical for this time of year? Yes X No (If no, explain in Remarks.)
Are Vegetation Soil or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes X No
Are Vegetation Soil or Hydrology naturally problematic? (If needed, explain any answers in Remarks.)
SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc.
Hydrophytic Vegetation Present? Yes No X Is the Sampled Area
Hydric Soil Present? Yes No X within a Wetland? Yes No X
Wetland Hydrology Present? Yes No X
Remarks:
See Figure 3 for data point location. Located in wooded area adjacent to Wetland WA and the Pond on site
HYDROLOGY
Wetland Hydrology Indicators:
Secondary Indicators (minimum of two required)
Primary Indicators (minimum of one is required: check all that apply)
—Surface Soil Cracks (136)
_Surface Water (Al) _True
Aquatic Plants (1314)
_Sparsely Vegetated Concave Surface (138)
—High Water Table (A2) —Hydrogen
Sulfide Odor (C1)
—Drainage Patterns (1310)
_Saturation (A3) _Oxidized
Rhizospheres on Living Roots (C3)
_Moss Trim Lines (1316)
—Water Marks (131) —Presence
of Reduced Iron (C4)
_ Dry -Season Water Table (C2)
_Sediment Deposits (132) _Recent
Iron Reduction in Tilled Soils (C6)
_Crayfish Burrows (C8)
_Drift Deposits (133) _Thin
Muck Surface (C7)
_Saturation Visible on Aerial Imagery (C9)
_Algal Mat or Crust (134) _Other
(Explain in Remarks)
_Stunted or Stressed Plants (D1)
_Iron Deposits (135)
_Geomorphic Position (D2)
—Inundation Visible on Aerial Imagery (137)
_Shallow Aquitard (D3)
—Water-Stained Leaves (139)
_ Microtopographic Relief (D4)
Aquatic Fauna (1313)
FAC-Neutral Test (D5)
Field Observations:
Surface Water Present? Yes No
X Depth (inches):
Water Table Present? Yes No
X Depth (inches):
Saturation Present? Yes No
X Depth (inches):
Wetland Hydrology Present? Yes No X
(includes capillary fringe)
Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available:
Remarks:
No wetland hydrology was present.
ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont — Version 2.0

VEGETATION (Four Strata) - Use scientific names of plants.
Sampling Point: UP-1
Absolute
Dominant
Indicator
Tree Stratum (Plot size: 30 )
% Cover
Species?
Status
1. Quercus alba
30
Yes
FACU
2. Carya glabra
30
Yes
FACU
3. Quercus alba
10
No
FACU
4.
5.
6.
7.
70
=Total Cover
50% of total cover:
35
20% of total cover:
14
Sapling/Shrub Stratum (Plot size: 15
)
1. Cornus florida
15
Yes
FACU
2. Elaeagnus angustifolia
10
Yes
FACU
3. Prunus serotina
10
Yes
FACU
4.
5.
6.
7.
8.
9.
35
=Total Cover
50% of total cover:
18
20% of total cover:
7
Herb Stratum (Plot size: 5 )
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
=Total Cover
50% of total cover:
20% of total cover:
Woody Vine Stratum (Plot size: 30
)
1. Lonicera japonica
15
Yes
FACU
2. Vitis rotundifolia
2
No
FAC
3.
4.
5.
17
=Total Cover
50% of total cover:
9
20% of total cover:
4
Remarks: (Include photo numbers here or on a separate sheet.)
Dominance Test worksheet:
Number of Dominant Species
That Are OBL, FACW, or FAC:
0
(A)
Total Number of Dominant
Species Across All Strata:
6
(B)
Percent of Dominant Species
That Are OBL, FACW, or FAC:
0.0%
(A/B)
Prevalence Index worksheet:
Total % Cover of:
Multiply by:
OBL species 0
x 1 =
0
FACW species 0
x 2 =
0
FAC species 2
x 3 =
6
FACU species 120
x 4 =
480
UPL species 0
x 5 =
0
Column Totals: 122 (A)
486
(B)
Prevalence Index = B/A
=
3.98
_ 1 - Rapid Test for Hydrophytic Vegetation
_2 - Dominance Test is >50%
_3 - Prevalence Index is <_3.0'
4 - Morphological Adaptations' (Provide supporting
data in Remarks or on a separate sheet)
Problematic Hydrophytic Vegetation' (Explain)
'Indicators of hydric soil and wetland hydrology must be
present, unless disturbed or problematic.
Definitions of Four Vegetation Strata:
Tree - Woody plants, excluding vines, 3 in. (7.6 cm) or
more in diameter at breast height (DBH), regardless of
height.
Sapling/Shrub -Woody plants, excluding vines, less
than 3 in. DBH and greater than or equal to 3.28 ft
(1 m) tall.
Herb - All herbaceous (non -woody) plants, regardless
of size, and woody plants less than 3.28 ft tall.
Woody Vine - All woody vines greater than 3.28 ft in
height.
Hydrophytic
Vegetation
Present? Yes No X
ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont - Version 2.0

Appendix IV — Protected Species Documentation

Dave Homans
From: Hamstead, Byron A <[e-mail]>
Sent: Monday, February 26, 2024 9:00 AM
To: Dave Homans
Subject: Re: [EXTERNAL] USFWS Project Code 2024-0031055 Mallard Creek Townhomes
Follow Up Flag: Follow up
Flag Status: Flagged
Hey Dave,
We offer the following comments/concurrence pursuant to Section 7 of the Endangered Species Act (ESA):
Based on the information provided in your biological evaluation (BE), low quality suitable habitat for the federally
endangered Schweinitz's sunflower (Helianthus schweinitzii), Michaux's sumac (Rhus michauxii), and federally
threatened smooth coneflower (Echinacea laevigata) occurs within the proposed action area. Multiple known
occurrences of Schweinitz's sunflower exist in the project vicinity. However, your BE indicates that these species
were not detected during targeted botanical surveys conducted August 17, 2023. Therefore, we believe the
probability for project -meditated loss of these species is insignificant and/or discountable and would concur with
a "may affect, not likely to adversely affect" determinations from the action agency. Botanical survey results for
this species are valid for two years for the purposes of ESA consultation: https://www.fws.gov/story/2022-
03/north-carolinas-federally-threatened-endangered-and-risk-plant-species
The information provided indicates that suitable forage and/or roosting habitat for the proposed endangered
tricolored bat (Perimyotis subfiavus) occurs within the proposed action area. To minimize impacts to this species,
we encourage project proponents to accomplish any necessary tree clearing outside of the "active season" for this
animal. In our office work area, the active season for tricolored bat generally occurs during the warmer time of year
from April 1 to September 30, but may be extended in areas adjacent to hibernacula. Although this species is not
currently afforded legal protection under Section 7 of the ESA, this impact minimization measure would support
our concurrence with a "may affect, not likely to adversely affect" determination from the appropriate action
agency should this species become listed in the future. If the proposed action would not affect suitable habitat for
this animal, we would not object to a "no effect" determination from the appropriate action agency.
Monarch butterfly (Danaus plexippus) is a candidate species, and we appreciate project proponents'
consideration of monarch butterflywhen evaluating the action area for impacts to federally listed species and
their habitats. This animal is also not subject to Section 7 consultation, and an effects determination from the
action agency is not necessary. If requested, general recommendations for pollinators including monarch butterfly
can be provided should the project proponent choose to implement them in the future.
The information provided indicates that suitable habitat is not present within the action area for any other federally
listed species. Therefore, we consider consultation to be complete and require no further action at this time.
Please be aware that obligations under Section 7 of the ESA must be reconsidered if: (1) new information reveals
impacts of the identified action may affect listed species or critical habitat in a manner not previously considered,
(2) the identified action is subsequently modified in a manner that was not considered in this review, or (3) a new
species is listed or critical habitat is determined that may be affected by the identified action.
Please contact me if you have any questions.

Regards,
Byron Hamstead
(he/him)
Fish and Wildlife Biologist
U.S. Fish and Wildlife Service
Asheville Ecological Services Field Office
160 Zillicoa Street
Asheville, North Carolina, 28801
This email correspondence and any attachments to and from this sender is subject to the Freedom of Information Act and maybe disclosed
to third parties.
From: Hamstead, Byron A <byron_hamstead @fws.gov>
Sent: Friday, January 26, 2024 9:15 AM
To: Dave Homans <[e-mail]>
Subject: Re: [EXTERNAL] USFWS Project Code 2024-0031055 Mallard Creek Townhomes
Thanks Dave,
We have added this request to our list for review and will respond within 30d.
Regards,
Byron Hamstead
(he/him)
Fish and Wildlife Biologist
U.S. Fish and Wildlife Service
Asheville Ecological Services Field Office
160 Zillicoa Street
Asheville, North Carolina, 28801
This email correspondence and any attachments to and from this sender is subject to the Freedom of Information Act and maybe disclosed
to third parties.
From: Dave Homans <[e-mail]>
Sent: Friday, January 26, 2024 9:05 AM
To: Hamstead, Byron A <byron_hamstead @fws.gov>
Subject: [EXTERNAL] USFWS Project Code 2024-0031055 Mallard Creek Townhomes
This email has been received from outside of DOI - Use caution before clicking on links, opening
attachments, or responding.
Hello Byron, I hope you are doing well!
Please see the attached Protected Species Assessment for the proposed Mallard Creek Townhomes Project located at
9804, 9828, 9904 and 9916 Mallard Creek Road, Charlotte, North Carolina. We would appreciate your review and
comments on this report as we will be submitting a Pre -Construction Notification for Army Corps of Engineers wetland
permitting for the project in the upcoming weeks.
Thanks, and feel free to reach out if you have any additional questions, or if we can provide any additional information.

\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\
Dave Homans
GIS / Natural Resources Project Scientist
S&ME
• 2016 Ayrsley Town Blvd., Suite 2-A
- Charlotte, NC 28273 map
III S M: 704.900.9394 // 0: 704.523.4726
S www.smeinc.com
Linkedln // Twitter // Facebook
This electronic message is subject to the terms of use set forth at www.smeinc.com/email. If you received this message in error, please advise the sender
by reply and delete this electronic message and any attachments. Please consider the environment before printing this email.

-a a
III
January 26, 2024
Mr. Byron Hamstead
U.S. Fish and Wildlife Service
Asheville Ecological Services Field Office
160 Zillicoa Street
Asheville, North Carolina, 28801
Reference: Protected Species Assessment
Mallard Creek Townhomes Project
Charlotte, Mecklenburg County, North Carolina
S&ME Project No. 23350415
USFWS Project Code 2024-0031055
Dear Mr. Hamstead,
S&ME, Inc. (S&ME) is pleased to present you with the results of our protected species assessment for the Mallard
Creek Townhomes Project, for your review and comment. The information contained herein was prepared to
evaluate the project site for potential impacts to federally threatened and endangered species and their critical
habitat, as this project will involve impacts to regulated waters of the U.S. These impacts will require authorization
under the U.S. Army Corps or Engineers Nationwide Permit 29 (Residential Developments).
PROJECT DESCRIPTION
The project site is a 10.95-acre area made up of 4 parcels including 9804, 9828, 9904 and 9916 Mallard Creek
Road, Charlotte, North Carolina. The project site is located in a residential area surrounded by single family home
developments. Current designs for the proposed project are to develop this property as a townhome community.
This development will require clearing and filling portions of the property, as well as draining and filling a portion
of an on -site pond and filling a portion of an on -site intermittent stream. As the proposed project will require
federal permitting under the section 404 and 401 of the Clean Water Act (CWA), it is necessary to determine if
federally threatened and endangered species or their critical habitat are likely to be impacted by the project, in
order to demonstrate compliance with the U.S. Endangered Species Act (ESA). The project site is depicted on
Figures 1, 2, 3 and 4, in Attachment I, as well as site photographs, in Attachment II.
DATABASE REVIEW
The US Fish and Wildlife Service (USFWS) Information for Planning and Consultation (IPaQ system was used to
determine if federally threatened and endangered species subject to the ESA may be occur within the project site
or may be affected by the proposed project. Additionally, a North Carolina Natural Heritage Program (NCNHP)
database search was conducted to identify known populations of federally threatened and endangered species
within a one -mile radius of the project site (Appendix III); the results of the database search was cross referenced
with the last publicly available Element Occurrence (EO) spatial data files (July, 2018) in order to ascertain more
S&ME, Inc. 19751 Southern Pine Blvd. I Charlotte, NC 28273 1 p 704-523-4726 1 www.smeinc.com

Protected Species Assessment
Mallard Creek Townhomes Project
Charlotte, Mecklenburg County, North Carolina
S&ME Project No. 23350415
detailed EO location information, if available. The results of these database inquiries are included as a part of
Attachment III.
The potential species identified by the USFWS IPaC report are identified in Table 1, below.
Table 1- List of Federal Threatened and Endangered Species
Common Name
Tricolored bat
Scientific Name
Perimyotis subflavus
Federal Listing
Proposed Endangered
Monarch Butterfly
Danaus plexippus
Candidate
Michaux's Sumac
Rhus michauxii
Endangered
Schweinitz's Sunflower
Helianthus schweinitzii
Endangered
Smooth Coneflower
Echinacea laevigata
Threatened
Further description of these species, their potential habitats, along with the Biological Conclusion rendered based
on habitat and species survey results at the project site are included in the "Species Evaluation" section below.
The NCNHP database review did not identify any know current populations of federally threatened or endangered
species within a one -mile radius of the project site.
SITE DESCRIPTION
A pedestrian site review was conducted on August 17, 2023 by Mr. D. David Homans, an S&ME natural resources
project scientist with 17 years of experience in environmental and natural resources fields operating in the
southeast. Three primary habitat types were identified within the project site, as described below and identified
on the Site Map (Figure 3) and shown in the Site Photographs (Attachment II).
Maintained Residential Lawn / Rights -of -Way
Much of the project disturbance area was made up of maintained residential lawns. Herbaceous species were
typical turfgrasses and yard weeds such as false hawksbeard (Youngia japonica) and red clover (Trifolium pratense).
Mature shade trees of a wide variety of native and ornamental species were present in these areas including
loblolly pine (Pinus taeda), pecan (Carya illinoinensis), flowering cherry trees (Prunus sp.) and willow oak (Quercus
phellos). Roadside areas and a small overhead power line right-of-way (ROW) that ran through the central portion
of the project site were maintained in a similar manner to the surrounding close -cropped turfgrass lawn areas.
Mixed Hardwood Forest
Portions of the project site along its southern and eastern portion of the project property were made up of young
mixed hardwood forest. Conditions were typical of small urban wooded lots. Canopy species were dominated by
tulip poplar (Liriodendron tulipifera), American beech (Fagusgrandifolia), sweetgum (Liquidambarstyraciflua), red
maple (Acer rubrum), white oak (Q. alba), sycamore (Platanus occidentalis), hickory (Carya sp.) and northern red
oak (Q. rubra). Understory vegetation was dominated by American beech and sweetgum saplings, eastern red
cedar (Juniperus virginiana), and invasive Japanese privet (Ligustrum japonicum) and autumn olive (Elaeagnus
January 26, 2024

Protected Species Assessment
Mallard Creek Townhomes Project
Charlotte, Mecklenburg County, North Carolina
S&ME Project No. 23350415
umbellata). Few herbaceous species were observed in the wooded habitat though invasive Japanese honeysuckle
(Lonicera japonica) was present along the forest floor over much of this habitat type.
Forest Edge l Scrub Areas
Scrub habitat was also present in the transitional areas along wooded tree lines and in a few overgrown areas
along the edges of lawns. These areas were dominated by sapling of sweetgum and red maple, shrubs such as
groundsel bush (Baccharis halimifolia) and other herbaceous species such as giant goldenrod (Solidago gigantea),
blackberry (Rubus sp.), dogfennel (Eupatorium capillifolium), and elephantsfoot (Elephantopus tomentosus) as well
as vining species such as trumpet creeper (Campsis radicans) and Japanese honeysuckle.
Aquatic Habitats
Two aquatic habitats were observed onsite. Three intermittent headwater streams were present along the
southern and eastern portions of the property. These streams drain into Mallard Creek, a tributary of Rocky River
within the Yadkin Pee Dee watershed. Within the project site, these channels were primarily dry at the time of
observation, with areas of entrenchment and substantial downcutting observed.
In addition, an approximately 0.3-acre man-made pond was observed upstream from one of the intermittent
channels. The pond appeared to be relatively shallow with an unconsolidated bottom. During late summer
observations the pond had developed a substantial cover of duckweed (Lemna sp.).
SPECIES EVALUATION
Federally threatened and endangered species (identified in Table 1) information and site habitat observations
were reviewed to determine their likely occurrence within the project site and whether the project, as proposed,
will affect these species.
Tricolored Bat
BIOLOGICAL DETERMINATION: NOT APPLICABLE TO PROPOSED SPECIES; MAY AFFECT, NOT LIKELY TO
AVERSELY AFFECT (If Clearing Moratoriums are followed)
The tricolored bat is a small bat species reaching between two and three inches in length that is named after the
coloration of each strand of hair, which is dark at the base, blends to yellow midshaft, and ends in a brown tip. The
species' current range is eastern North America, though the tricolored bat is in great decline from its historic
range and population numbers.
The tricolored bat is a generalist feeder that preys on insects using echolocation and hibernates in caves or
abandoned mines. This species is known to hibernate in man-made structures such as road -side culverts. During
spring, summer, and fall seasons, the tricolored bat roosts in trees and leaf clusters. It tends to hibernate alone
and roost singly, though has been known to share hibernacula with other bat species.
Owls, raccoons, snakes, hawks, and feral cats, among other species, are predators of the tricolored bat. Currently
the primary threat to this species is white -nose syndrome, a disease caused by a fungal pathogen which leads to
increased winter mortality. Additional threats include habitat degradation, human disturbance of hibernacula, and
a lack of knowledge of their ecology needed to inform management plans.
January 26, 2024

Protected Species Assessment
! Mallard Creek Townhomes Project
MEN&. Charlotte, Mecklenburg County, North Carolina
S&ME Project No. 23350415
The NCNHP database report did not identify known hibernation sites and/or roost trees within one mile of the
project area. Potential suitable habitat for the tricolored bat exists within the mixed hardwood forest trees which
exhibited loose and peeling bark or cavities capable of providing roosting habitat. No culverts or bridges are
present within and adjacent to the project area that may serve as hibernacula. Additional consultation with the
USFWS is not currently necessary because the tricolored bat is not a protected species at this time. As a result, a
biological determination is not applicable to this species. If the tricolored bat becomes listed as an endangered
species, further consultation with the USFWS may be required as tree removal may affect this species. If this
species is listed, clearing moratoriums would be required during typical active season for this species which
extend from April through October. If this clearing moratorium is observed, the determination for this species
could be "may affect but not likely to adversely affect."
Monarch Butterfly
BIOLOGICAL DETERMINATION: NOT APPLICABLE TO CANDIDATE SPECIES
The monarch butterfly is a stunning bright orange insect with scattered white dots and black vein -like markings.
Its scientific name, Danaus plexippus, translated in Greek means "sleepy transformation" in reference to the
species hibernation and metamorphosis. The monarch butterfly is also one of the few insect species that migrate.
Monarch butterflies fly up to 2,500 miles from their breeding grounds in the United States and Canada to their
overwintering spots in central Mexico. Habitat includes fields, roadsides, and other open areas. Monarch
butterflies require flowering plants within these habitats to feed on their nectar, and they breed in areas with
milkweed (Asclepias sp.), the host plant for their larva.
As a candidate species, there is no federal protection afforded for the monarch butterfly. However, the USFWS
appreciates its inclusion into assessments. Suitable habitat exists along the lightly maintained edge habitats. No
individuals of monarch butterfly or milkweed were observed during the habitat assessment. A biological
determination for the monarch butterfly is not applicable to the proposed project as the monarch butterfly is a
candidate species.
Michaux's Sumac
BIOLOGICAL DETERMINATION: NOT LIKELY TO ADVERSELY AFFECT
Michaux's sumac is a rhizomatous, densely hairy shrub with erect stems approximately one to three feet in height.
The compound leaves are evenly serrated, oblong to lanceolate, acuminate leaflets. Flowers are small, borne in a
terminal, erect, dense cluster and are greenish yellow to white in color. Michaux's sumac flowers between June
and July and the fruit, a red drupe, is produced through the months of August to October.
Michaux's sumac grows in sandy or rocky open woods in association with basic soils, surviving best in areas where
some form of disturbance has provided an open area. In North Carolina, observed populations have been
identified on roadsides or on the edges of artificially maintained clearings. This species does not tolerate shade or
wet soils.
The field assessment fell within the optimal survey window for Michaux's sumac (May through October). Suitable
habitat for Michaux's sumac exists along wooded edges and to a limited extent within the power line right of way.
No individuals of Michaux's sumac or individuals in the Rhus genus were observed within the project area during
January 26, 2024 4

Protected Species Assessment
Mallard Creek Townhomes Project
Charlotte, Mecklenburg County, North Carolina
S&ME Project No. 23350415
the field assessment. Accordingly, future development of the project is not likely to adversely affect Michaux's
sumac.
Schweinitz's Sunflower
BIOLOGICAL DETERMINATION: NOT LIKELY TO ADVERSELY AFFECT
Schweinitz's sunflower is a federally endangered wildflower species native to the piedmont regions of North and
South Carolina. Its flowers are comprised of relatively small yellow disk flowers and yellow ray flowers, and it has
purple stems and slightly rough leaves. Schweinitz's sunflower provides nectar to pollinators such as insects, small
mammals, and songbirds. It also serves as a larval host plant for the silvery checkerspot butterfly (Chlosyne
nycteis), meaning it provides the nutrients silvery checkerspot caterpillars need to grow and develop. This species
prefers habitat with dry, well -drained soils and full sunlight, and it relies on regular disturbance, such as fire or
grazing wildlife, to maintain its preferred habitat. Schweinitz's sunflower is found along roadsides, forest openings,
and utility easements.
Limited suitable habitat for Schweinitz's sunflower exists within the forested edge habitat on the property.
Roadside areas and the powerline ROW were well maintained as residential lawn and therefore considered poor
habitat for this species. A pedestrian review of these habitats was conducted during the species' optimal survey
window of late August through October, and no individuals were observed. The only yellow -flowering aster
species observed within the potential habitat areas was a single black-eyed susan (Rudbeckia hirta) observed
along the edge of the powerline ROW. As such, it was determined that the proposed project will have no effect
on this species.
Smooth Coneflower
BIOLOGICAL DETERMINATION: NOT LIKELY TO ADVERSELY AFFECT
Smooth coneflower is a perennial herb in the Aster family (Asteraceae) that grows up to 3.3 feet tall from a vertical
root stock. The large leaves may reach eight inches in length and three inches in width and taper into long
leafstalks toward the base; they are smooth to slightly rough in texture. Smooth coneflower is a composite, a
cluster of flowers grouped together to form a single flower-like structure. Smooth coneflower has narrow,
drooping, light pink to purplish petals that emerge rolled and appear string -like; the petals look droopy shortly
after the flowers open.
The protruding spike -like flowers that make-up the flower head or seed head give the genus Echinacea its name,
from the Greek word echinos, which means spiny or prickly. The smooth coneflower can be distinguished from its
most similar relative, the purple coneflower, by its leaves, which in the smooth coneflower are elliptical, and never
heart -shaped, like those of the purple coneflower. Also, in purple coneflower, the ray flowers are more perky, not
droopy like smooth coneflower.
Smooth coneflower is typically found in open woods, glades, cedar barrens, roadsides, clear -cuts, dry limestone
bluffs, and powerline easements, usually on basic magnesium and calcium rich soils associated with amphibolite,
dolomite, or limestone (in Virginia), gabbro (in North Carolina and Virginia), diabase (in North Carolina and South
Carolina), and marble (in South Carolina and Georgia). Smooth coneflower occurs in plant communities that have
January 26, 2024

Protected Species Assessment
Mallard Creek Townhomes Project
Charlotte, Mecklenburg County, North Carolina
S&ME Project No. 23350415
been described as very dry hardpan forests, diabase glades, or dolomite woodlands. Optimal sites are
characterized by abundant sunlight and little competition in the herbaceous layer.
The field assessment fell within the optimal survey window for this species (late May through October). Limited
suitable habitat for smooth coneflower exists within the forested edge habitat on the property. Roadside areas
and the powerline ROW were well maintained as residential lawn and therefore considered poor habitat for this
species. No individuals of smooth coneflower or of the Echinacea genus were observed within the project area
during the habitat assessment. Accordingly, future development of the project is not likely to adversely affect
smooth coneflower.
CONCLUSIONS
The proposed project is not likely to have an adverse effect on Schweinitz's sunflower, Michaux's sumac, or
smooth coneflower; though marginal habitat for these species was present on site, they were not observed on site
during their optimal survey window. Although suitable habitat exists, biological determinations for the tri-colored
bat and monarch butterfly are not applicable as they are currently not federally protected. In the event that tri-
colored bat is listed, the project is expected to not adversely affect this species if clearing does not occur within
the active season of this species.
If there are questions concerning the assessment, please contact Dave Homans at 704-900-9394 or
[e-mail].
Sincerely,
S&ME, Inc.
D. David Homans
Natural Resources Project Scientist
Enclosures
January 26, 2024

Attachments

Attachment I — Figures

Attachment II — Site Photographs