20181376 Ver 1_401 Application_20181005

rYL-1 si -
Preliminary ORM Data Entry Fields for New Actions Wetlands an iro m to ng Group
Leonard S. Rin -X"""..
201A1376
SAW — 2016 - 01111 BEGIN DATE [Received Date]:
Prepare file folder ❑ Assign Action ID Number in ORM ❑
1. Project Name [PCN Form A2a]: Cresswlnd
2. Work Type: Private Fv—/] Institutional ❑ Government ❑ Commercial ❑
3. Project Description / Purpose [PCN Form I33d and 63e]: `y�-"_1�
Pre -Construction Notification for a residential development. '- �c
C,
D
�1
4. Property Owner / Applicant [PCN Form A3 or A41:
KH Mint Hill, LLP
5. Agent / Consultant [PCN Form A5 — or ORM Consultant ID Number]: Leonard S. Rlndner, PLLC / WEPG
6. Related Action ID Number(s) [PCN Form 135b]: SAW -2016-01 1 1 1
7. Project Location - Coordinates, Street Address, and/or Location Description [PCN Form 61b]:
35.2289 N -80.6482 W; 12701 Albemarle Road, Charlotte, NC 28227
8. Project Location - Tax Parcel ID [PCN Form 61a]: multiple parcels (see attached map)
9. Project Location — County [PCN Form A2b]: Mecklenburg
10. Project Location — Nearest Municipality or Town [PCN Form A2c]: Charlotte
11. Project Information — Nearest Waterbody [PCN Form 132a]: McKee Creek
12. Watershed / 8 -Digit Hydrologic Unit Code [PCN Form Kc]: 03040105 - Rocky
Authorization: Section 10 ❑ Section 404
Regulatory Action Type:
❑Standard Permit
✓ Nationwide Permit # 29,12
❑ Regional General Permit #
❑ Jurisdictional Determination Request
Section 10 & 404 ❑
❑Pre -Application Request
Unauthorized Activity
0 Compliance
❑ No Permit Required
Revised 20150602

Wetlands and Environmental Planning Group
August 15, 2018
Mr. David Shaeffer
U.S. Army Cotes of Engineers
Asheville Regulatory Field Office
151 Patton Avenue
Asheville, NC 28801-5006
Mr. Alan Johnson
NCDEQ
Division of Water Resources
610 East Center Street, Suite 301
Moorseville, NC 28115
Ms. Karen Higgins
NCDEQ
Division of Water Resources
Wetlands & Storm Water Branch
512 North Salisbury Street
Raleigh, NC 27604
Mr. Byron Hamstead
U.S. Fish and Wildlife Service
Asheville Field Office
160 Zillicoa Street
Asheville, NC 28801
Leonard S. Rmdner, PLLC.
Subject: SAW -2016-01111; Pre -Construction Notification for NWP #s 29 & 12 for the
Cresswind Site, Charlotte, Mecklenburg County.
Ms. Higgins and Messrs. Shaeffer, Johnson, and Hamstead,
Enclosed is a request for a Nationwide Permit # 29 & 12 for the approximate 365 -acre site
known as the Cresswind site located at 12701 Albemarle Road, Charlotte, NC. The site is a
proposed residential development and consists of six streams and nine wetlands. These features
were field -verified by William Elliot (USACE) and a preliminary jurisdictional determination
was approved on June 20, 2016 (SAW -2016-01111). Please refer to the Jurisdictional
Determination section for information on onsite surface waters.
As shown on the attached exhibits, the proposed project will include impacts associated with
three road crossings and two sewer line crossings. Impacts to site surface waters associated with
the proposed development were limited through site selection location, design,
Charlotte Office: www.wetiands-epg.com Asheville Office:
10612-D Providence Rd. 1070 Tunnel Rd., Bldg. I
PMB 550 Suite 10, PMB 283
Charlotte, NC 28277 Asheville, NC 28805
[phone] 1
[e-mail]

Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC.
location/orientation of the proposed lots, associated parking areas and access routes. Total
permanent impacts proposed are to 280 linear feet of stream channel (Streams K & L) and 0.023
acres of wetland (Wetland H/I).
Efforts of impact minimization were implemented during the design to preserve the existing
channel hydrology and limit adverse effects to existing, onsite natural habitat. The stream and
wetland impacts have been minimized to include only the necessary roadway crossings.
Headwalls and 2:1 slopes have been used where possible to minimize impact lengths and the
temporary impacts for the required sanitary sewer infrastructure have been limited to one
location on each stream segment. Due to the underlying geology of this site, the proposed
temporary open cutting for the sewer line crossings are a more appropriate approach than
directional boring, as noted in the utility boring summary letter attached. The applicant has
demonstrated substantial avoidance and minimization efforts in which the majority of the 8,108
linear feet of stream channels and 0.6 acres of wetlands onsite will be avoided on the project.
To compensate for the anticipated permanent impacts, the applicant is proposing payment into
NCDMS at a 2:1 ratio for 280 linear feet of warm water perennial stream. Please refer the
enclosed conditional acceptance letter from NCDMS.
Also enclosed is a copy of our Threatened/Endangered Species Evaluation for the site. No listed
species were identified within the project area and we believe that there will be no effect on
listed species or their critical habitat as designated under Section 7 of the Endangered Species
Act. Please refer to the Threatened and Endangered Species Evaluation Section for additional
details on the terrestrial species evaluation. Thank you for your consideration and please contact
me if you have any questions, [phone] or email at [e-mail].
Sincerely,
Daniel Kuefler
Environmental Scientist
Len Rindner, PWS
Principal
Charlotte Office: www.wetiands-epg.com Asheville Office:
10612-D Providence Rd. 1070 Tunnel Rd., Bldg. I
PMB 550 Suite 10, PMB 283
Charlotte, NC 28277 Asheville, NC 28805
[phone] 2
[e-mail]

Permit Application

Office Use Only:
Corps action ID no. 2016-01111
DWQ project no.
Form Version 1.4 January 2009
Page 1 of 10
PCN Form — Version 1.4 January 2009
Pre -Construction Notification (PCN) Form
A.
Applicant Information
1.
Processing
1 a.
Type(s) of approval sought from the Corps:
❑X Section 404 Permit ❑ Section 10 Permit
1 b.
Specify Nationwide Permit (NWP) number: 29,12 or General Permit (GP) number:
1c.
Has the NWP or GP number been verified by the Corps?
❑ Yes ❑X No
1 d. Type(s) of approval sought from the DWQ (check all that apply):
❑X 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization
1 e.
Is this notification solely for the record
because written approval is not required?
For the record only for DWQ
401 Certification:
❑ Yes ❑X No
For the record only for Corps Permit:
❑ Yes ❑X No
1f.
Is payment into a mitigation bank or in -lieu fee program proposed for
mitigation of impacts? If so, attach the acceptance letter from mitigation bank
or in -lieu fee program.
❑X Yes ❑ No
1g.
Is the project located in any of NC's twenty coastal counties. If yes, answer 1h
below.
N Yes NX No
1 h.
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
j ❑ Yes ❑X No
2.
Project Information
2a.
Name of project:
Cresswind
2b. County:
Mecklenburg
2c.
Nearest municipality / town:
Charlotte
2d. Subdivision name:
2e.
NCDOT only, T.I.P. or state project no:
3.
Owner Information
3a.
Name(s) on Recorded Deed:
KH Mint Hill LLLP
3b.
Deed Book and Page No.
Multiple Parcels - see attached Map
3c.
Responsible Party (for LLC if
applicable):
Mike McLendon
3d. Street address:
701 S. Olive Ave, #104, West Palm Beach, FL, 33401
3e. City, state, zip:
Charlotte, NC, 28277
3f.
Telephone no.:
561-682-9500
3g.
Fax no.:
3h.
Email address:
[e-mail]
Page 1 of 10
PCN Form — Version 1.4 January 2009

4. Applicant Information (if different from owner)
4a. Applicant is:
❑ Agent ❑ Other, specify:
4b. Name:
4c. Business name
(if applicable):
4d. Street address:
4e. City, state, zip:
4f. Telephone no.:
4g. Fax no.:
4h. Email address:
5. Agent/Consultant Information (if applicable)
5a. Name:
Daniel Kuefler
5b. Business name
(if applicable):
Leonard S. Rindner, PLLC - Wetlands & Environmental Planning Group
5c. Street address:
10612-D Providence Road, PMB 550
5d. City, state, zip:
Charlotte, NC 28227
5e. Telephone no.:
336-554-2728
5f. Fax no.:
5g. Email address:
[e-mail]
Page 2 of 10

B.
Project Information and Prior Project History
1.
Property Identification
1a.
Property identification no. (tax PIN or parcel ID):
multiple parcels - see attached map
1 b.
Site coordinates (in decimal degrees):
Latitude: 35.2289 Longitude: -80.6482
1 c.
Property size:
365 acres
2.
Surface Waters
2a.
Name of nearest body of water to proposed project:
McKee Creek
2b.
Water Quality Classification of nearest receiving water:
C
2c.
River basin:
03040105 - Rocky
3.
Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
The site consists primarily of vacant cleared fields with scattered forested areas. General land use in the vicinity consists of residential and commercial
development.
3b.
List the total estimated acreage of all existing wetlands on the property: 0.56
3c.
List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 8,108
3d. Explain the purpose of the proposed project:
The project consists of grading, fill, road crossings & BMPs for aresidential development.
3e. Describe the overall project in detail, including the type of equipment to be used:
Excavation and grading of the site will use standard equipment - excavator, dump trucks, track hoe, etc.
4.
Jurisdictional Determinations
4a.
Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
project(including all priorphases) in thepast?
0 Yes ❑ No ❑ Unknown
Comments:
4b.
If the Corps made the jurisdictional determination, what type
of determination was made?
0 Preliminary ❑ Final
4c.
If yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company: WEPG
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
WEPG's delineations were field -verified by William Elliot (USACE). A copy of the approved Preliminary Jurisdictional Determination signed 06/20/2016
(SAW -2016-01111) is attached.
5.
Project History
5a.
Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past?
El Yes X❑ No ❑ Unknown
5b.
If yes, explain in detail according to "help file" instructions.
6.
Future Project Plans
6a.
Is this a phased project?
❑ YesX❑ No
6b.
If yes, explain.
Page 3 of 10
PCN Form — Version 1.4 January 2009

C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
❑X Wetlands ❑X Streams — tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a.
Wetland impact
number
Permanent (P) or
Temporary T
2b.
Type of impact
2c.
Type of wetland
2d.
Forested
2e.
Type of jurisdiction
Corps (404,10) or
DWQ (401, other)
2f.
Area of
impact
(acres)
W1 P
Culvert
Bottomland Hardwood Forest
Yes
Corps
0.022
W2 P
RipRap
Bottomland Hardwood Forest
Yes
Corps
0.001
W3
Choose one
Choose one
Yes/No
W4
Choose one
Choose one
Yes/No
W5
Choose one
Choose one
Yes/No
W6
Choose one
Choose one
Yes/No
2g. Total Wetland Impacts:
0.023
2h. Comments:
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a.
Stream impact
number
Permanent (P) or
Temporary (T)
3b.
Type of impact
3c.
Stream name
3d.
Perennial (PER) or
intermittent (INT)?
3e.
Type of
jurisdiction
3f.
Average
stream
width
(feet)
3g.
Impact
length
(linear
feet)
S1
Choose one
PLEASE
-
S2
Choose one
SEE ATTACHED
-
-
S3
Choose one
TABLE ON THE
-
-
S4
Choose one
FOLLOWING PAGE
-
-
S5
Choose one
-
-
S6
Choose one
3h. Total stream and tributary impacts
3i. Comments:
Please note that 60' of the proposed total stream impacts are temporary for sewer crossings where directional boring was not possible by engineering
constraints. An additional 44' of the proposed total impacts are for stabilizing riprap that will be installed at pre -construction elevations and will not
contribute to a loss -of -water.
Page 4 of 10
PCN Form — Version 1.4 January 2009

Wetlands and Environmental Planning Group
Cresswind Site (SAW -2016-0111) PRE CONSTRUCTION NOTIFICATION (PCN) FORM
Table 3. Proposed Stream Impacts
Leonard S. Rindner, PLLC.
3. Stream Impacts
3a. Stream Impact
number Permanent
(P) or Temporary (T)
3b. Type of
Impact
3c. Stream name
3d. Perennial
(PER) or
Intermittent
(INT)?
3f. Average 3g. Impact
3e. Type of jurisdiction
Stream Width length
(Corps / DWQ)
(feet) (linear feet)
Permanent
Culvert
Stream K
PER
DWQ 6 € 120
E
Permanent
Headwall
Stream K
PER
DWQ 6 g
Permament
RipRap
Stream K
PER
DWQ 6 22
Temporary
I Excavation
Stream K
PER
DWQ 6 1 30
Temporary
Excavatiion
Stream L
PER
DWQ 8 30
Permanent
Culvert
Stream L
PER
DWQ 6 100
Permanent
Headwall
Stream L
PER
DWQ 6 ( g
Permanent
RipRap
Stream L
PER
DWQ I 6 22
3
3h. Total Stream and Tributary Impacts: 340
Charlotte Office: www.wetlands-epg.com Asheville Office:
10612-D Providence Rd. 1070 Tunnel Rd.. Bldg. I
PMB 550 Suite 10, PMB 283
Charlotte, NC 28277 Asheville, NC 28805
[phone]
[e-mail]

4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then indivii ually list all open water impacts below.
4a.
Open water
impact number
Permanent (P) or
Temporary T
4b.
Name of waterbody
(if applicable)
4c.
Type of impact
4d.
Waterbody
type
4e.
Area of impact (acres)
01
Choose one
Choose
02
Choose one
Choose
03
Choose one
Choose
04 -
Choose one
Choose
4f. Total open water impacts
4g. Comments:
5. Pond or Lake Construction
If pond or lake construction proposed, the complete the chart below.
5a.
Pond ID number
5b.
Proposed use or
purpose of pond
5c.
Wetland Impacts (acres)
5d.
Stream Impacts (feet)
5e.
Upland
(acres)
Flooded
Filled
Excavated
Flooded
Filled
Excavated
P1
Choose one
P2
Choose one
5f. Total:
5g. Comments:
5h. Is a dam high hazard permit required?
❑ Yes ❑ No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If any impacts require mitigation, then you MUST fill out Section D of this form.
6a. Project is in which protected basin?
❑ Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Randleman ❑ Other:
6b.
Buffer Impact
number —
Permanent (P) or
Temporary T
6c.
Reason for impact
6d.
Stream name
6e.
Buffer
mitigation
required?
6f.
Zone 1
impact
(square
feet)
6g.
Zone 2
impact
(square
feet
61
Yes/No
B2 -
Yes/No
B3 -
Yes/No
B4 -
Yes/No
B5 -
Yes/No
B6 -
Yes/No
6h. Total Buffer Impacts:
6i. Comments:
Page 5 of 10

D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
Due to the location of the numerous on site streams and wetlands, opportunities to avoid these areas were limited. Impacts to site surface waters
associated with the proposed development were limited through site selection location, design, location/orientation of the proposed lots, associated
parking areas and access routes. Please refer to cover letter for additional details regarding specific avoidance and minimization measures.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Construction techniques will implement approved erosion control methods to avoid/minimize impacts to onsite/adjacent offsite receiving conveyances.
The stream and wetland impacts have been minimized to include only the necessary roadway crossings. Headwalls and 2:1 slopes have been used
where possible to minimize impact lengths and the temporary impacts for the required sanitary sewer infrastructure have been limited to one location
on each stream segment.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for
impacts to Waters of the U.S. or Waters of the State?
❑X Yes ❑ No
2b. If yes, mitigation is required by (check all that apply):
❑ DWQ ❑X Corps
2c. If yes, which mitigation option will be used for this
project?
❑ Mitigation bank
❑X Payment to in -lieu fee program
❑ Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter)
Type: Choose one
Type: Choose one
Type: Choose one
Quantity:
Quantity:
Quantity:
3c. Comments:
4. Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
Q Yes
4b. Stream mitigation requested:
280 linear feet
4c. If using stream mitigation, stream temperature:
warm
4d. Buffer mitigation requested (DWQ only):
square feet
4e. Riparian wetland mitigation requested:
acres
4f. Non -riparian wetland mitigation requested:
acres
4g. Coastal (tidal) wetland mitigation requested:
acres
4h. Comments:
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Page 6 of 10
PCN Form — Version 1.4 January 2009

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

E.
Stormwater Management and Diffuse Flow Plan (required by DWQ)
1.
Diffuse Flow Plan
1a.
Does the project include or is it adjacent to protected riparian buffers identified
❑ Yes ❑X No
within one of the NC Riparian Buffer Protection Rules?
1 b.
If yes, then is a diffuse flow plan included? If no, explain why.
❑ Yes ❑ No
2.
Stormwater Management Plan
2a.
What is the overall percent imperviousness of this project?
40 %
2b.
Does this project require a Stormwater Management Plan?
❑X Yes ❑ No
2c.
If this project DOES NOT require a Stormwater Management Plan, explain why:
2d.
If this project DOES require a Stormwater Management Plan, then provide a brief, narrative
description of the plan:
Storm water on the site will be handled by facilities shown on the attached plans. The stormwater plan will
be reviewed by Mecklenburg County and
been
designed to meet both their criteria.
2e.
Who will be responsible for the review of the Stormwater Management Plan?
Mecklenburg County
3.
Certified Local Government Stormwater Review
3a.
In which localgovernment's jurisdiction is thisproject?
Mecklenburg County
❑X Phase II
❑ NSW
3b.
Which of the following locally -implemented stormwater management programs
❑ USMP
apply (check all that apply):
❑ Water Supply Watershed
❑ Other:
3c.
Has the approved Stormwater Management Plan with proof of approval been
F1 Yes ❑X No
attached?
4.
DWQ Stormwater Program Review
❑Coastal counties
❑HQW
4a.
Which of the following state -implemented stormwater management programs apply
❑ORW
(check all that apply):
❑Session Law 2006-246
❑Other:
4b.
Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ❑X No
attached?
5.
DWQ 401 Unit Stormwater Review
5a.
Does the Stormwater Management Plan meet the appropriate requirements?
❑ Yes ❑ No
5b.
Have all of the 401 Unit submittal requirements been met?
❑ Yes ❑ No
Page 8 of 10
PCN Form — Version 1.4 January 2009

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

5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or
❑ Yes ❑X No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act
❑ Yes ❑X No
impacts?
5c. If yes, indicate the USFWS Field Office you have contacted.
-
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
A threatened/Endangered species assessment was conducted in which no species were identified. Habitat does exist for the Northern Long Eared Bat
but the project is exempt as noted in the included T&E report.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat?
❑ Yes ❑X No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
No essential fish habitat in this region.
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation
❑ Yes ❑X No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
SHPO's website: http://gis.ncdcr.gov/hpoweb/
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA -designated 100 -year floodplain?X❑
Yes ❑ No
8b. If yes, explain how project meets FEMA requirements:
No fill / grading will occur within the floodplain as part of the proposed project
8c. What source(s) did you use to make the floodplain determination?
http://polaris3g.mecklenburgcountync.gov
Digitally signed by Daniel Kuefler
Daniel DN: cn=Daniel Kuefler, o=WEPG,
ou,
email=daniel kuefler@wetlands-
Daniel Kuefler
Kuefler epg.com, c=US
08-15-2018
Date: 2018.08.15 11:54:14 -04'00'
Applicant/Agent's Printed Name
Date
Applicant/Agent's Signature
(Agent's signature is valid only if an authorization
letter from the applicant is provided.
Page 10 of 10

Mitfgctdm Services
EN W IRON NE NTAL OU 4LITY
June 26, 2018
Robert Daurity
KH Mint Hill LLP
701 S. Olive Ave. #104
West Palm Beach, FL 33401
Project: Cresswinds Charlotte
ROY COOPER
MICHAEL: S. REGAN
Expiration of Acceptance: 12/26/2018
County: Mecklenburg
The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to
accept payment for compensatory mitigation for impacts associated with the above referenced project as
indicated in the table below. Please note that this decision does not assure that participation in the DMS in -
lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts.
It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will
be approved. You must also comply with all other state, federal or local government permits, regulations or
authorizations associated with the proposed activity including G.S. § 143-214.11.
This acceptance is valid for six months from the date of this letter and is not transferable. If we have not
received a copy of the issued 404 Permit/401 Certification/CAMA permit within this time frame, this
acceptance will expire. It is the applicant's responsibility to send copies of the permits to DMS. Once DMS
receives a copy of the permit(s) an invoice will be issued based on the required mitigation in that permit and
payment must be made prior to conducting the authorized work. The amount of the in -lieu fee to be paid by
an applicant is calculated based upon the Fee Schedule and policies listed on the DMS website.
Based on the information supplied by you in your request to use the DMS, the impacts for which you are
requesting compensatory mitigation credit are summarized in the following table. The amount of mitigation
required and assigned to DMS for this impact is determined by permitting agencies and may exceed the
impact amounts shown below.
River Basin Impact Location Impact Type—r Impact Quantity
Yadkin
3 -di ig t HUC
03040105 1 Warm Stream
300
Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The
mitigation will be performed in accordance with the In -Lieu Fee Program instrument dated July 28, 2010 and
15A NCAC 02B .0295 as applicable. Thank you for your interest in the DMS in -lieu fee mitigation program.
If you have any questions or need additional information, please contact Kelly Williams at [phone].
cc: Len Rindner, agent
Sincerely,
Jame s�B ,Stanfill
Asset M 6agement Supervisor
State of North Carolina I Environmental Quality ' Mitigation Services
1652 Mail Service Center I Raleigh, NC 27699-1652 217 W. Jones Street. Suite 3000
919 707 8976 T

Hoopaugh Grading Company, LLC.
Ben Stevens
Kolter Homes
Charlotte, N.C.
Re: Utility Bores at Creek Crossings in Cresswind Subdivision
Mr. Stevens,
Based on our experience of the geology near the project site, and knowledge of the soil boring data
provided for the future phases of Cresswind, we suspect difficulty boring the creeks for the proposed
utility crossings. Results of the soil test borings show hard rock in some of the boring locations which is
not conducive for conventional boring methods. Many times, these scenarios become problematic due to
the different types of rock encountered, specialized boring heads can be required, depending on the type
of rock, these bore heads are not readily available and usually have to be shipped from different parts of
the country. When these conditions are encountered, the logistics of this method end up extending the
duration of exposure around the sensitive area for weeks. I have experienced conditions in hard rock that
the bore could only be advanced 3-5 feet per day, when the open cut method is used the utilities can be
installed within a two or three-day window and the area can be re -stabilized and returned to it's natural
state, ultimately creating less risk for contamination in the creek or stream. If more detailed information
is needed, we would welcome the opportunity to discuss this in more detail. Please let me know if we can
assist with any additional information.
Regards,
Hoopaugh Grading Company, LLC
Tim Davis
704-309-6902

Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC.
Atlent Authorization Letter
The purpose of this form is to authorize our firm to act on your behalf in matters related to aquatic
resource (i.e. stream/wetlands) identification/mapping and regulatory permitting. The
undersigned, who are either registered property owners or legally authorized to conduct due
diligence activities on the property as identified below, do hereby authorize associates of
Leonard S. Rindner, PLLC, Wetlands and Environmental Planning Group (WEPG) to act on my
behalf and take all actions necessary for the processing, issuance, and acceptance of applicable
permit(s) and/or certification(s).
Project/Site Name: Cresstivind
Property Address: 12701 Albemarle Road, Charlotte, NC 28227
Parcel Identification Number (PIN): See Parcel Map
Select one: I am the current property owner
Name: Mike McLendon, V.P.
Company: KH Mint Hill, LLLP
Mailing Address: 701 S Olive Ave #104, West Palm Beach, FL 33401
Telephone Number: [phone]
Electronic Mail Address: [e-mail]
Property Owner l Interested
—/ -/<;
Date
* The Interested Buyeu/Other acknowledges that an agreement and/or formal contract to purchase and/or conduucl
dtue diligence activities exists between the current property owner and the signatory of this authorization in cases
where the property is not owned by the signalmy.
Charlotte Office: www,wetlands-epg.com
Asheville Office:
10612-D Providence Rd.
1070 Tunnel Rd., Bldg. I
PMB 550
Suite 10, PMB 283
Charlotte, NC 28277
Asheville, NC 28805
[phone]
len.rindner a wetlands-epg.com

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FIGURE NO. CRESSWIND Drawn By: Reviewed By:
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FIGURE NO.5 CRESSWIND
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SOIL MANUSCRIPT MAP - WATERS OF THE U.S.
EXISTING CONDITIONS STUDY
SUBJECT TO USACE/NCDENR VERIFICATION
Drawn By: KevieWea by:
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DATE:
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PROJECT NUMBER:
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3415 Ukemi�nl BI.A.
1 11,11.50 29719
60 B349440`,C
g0380'�°'°f3O
ORIGINAL DATE: 06121/2018
CRESSWIND
SHEET:
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19
KH MINT HILL, LLP.
CITY OF CHARLOTTE, NC

Wetlands and Environmental Planning Group
Cresswind Site (SAW-2016-0111)—STREAM STABILIZATION EXHIBIT
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Charlotte Office: www.wetlands-epg.com Asheville Office:
10612-D Providence Rd. 1070 Tunnel Rd., Bldg. I
PMB 550 Suite 10, PMB 283
Charlotte, NC 28277 Asheville, NC 28805
[phone] Figure 20
[e-mail]

W9
jurisdictional
Determination Information

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action I.D.: SAW -2016-01111 County: Mecldenburg U.S.G.S. Quad: NC -MINT HILL
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner/Agent: Robert Daurity, KH Hill LLP
Address: 701 S Olive Ave #104 West Palm Beach, Florida 33401
Telephone No.:
Property description:
Size (acres): 365 acres
Nearest Town: Charlotte
Nearest Waterway: Caldwell Creek River Basin: Upper Pee Dee
Coordinates: 35.2289, -80.6482 Hydrologic Unit Code: 03040105
Location Description: The site is located at 12701 Albemarle Road, Mecklenburg County, Charlotte NC, Coordinates:
35.2299,-80.6482
Indicate Which of the Following Apply:
A. Preliminary Determination
Based on preliminary information, there may be waters and wetlands on the above described property. We strongly
suggest you have this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be
considered final, a jurisdictional determination must be verified by the Corps. This pre liminaiy determination is not an
appealable action under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331). ). 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.
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 and Section 404 of the Clean Water Act. Unless there is a change in the law or
our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
X There are waters and 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 the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
We strongly suggest you have the waters and wetlands on your property delineated. Due to the size of your property
and/or our present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a
more timely delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by
the Corps.
X The waters and 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, provided there is no change in the law or our published regulations, may be relied upon for a period not to
exceed five years.
_ The waters and 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 the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
There are no waters of the U.S., to include wetlands, present on the above described property which are subject to the
permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our
published- regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.

Action Id.: SAW -2016-01111
Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this
determination and/or the Corps regulatory program, please contact William Elliott at 828-271-7980.
C. Basis For Determination
The site contains wetlands as determined by the 1987 Corps of Engineers Wetland Delineation Manual and the
Interim Regional Supplement to the Corps of Engineers Wetlands Delineation Manual. Eastern Mountain and
Piedmont Region. These wetlands are adjacent to stream channels located on the property that exhibit indicators of
ordinary high water marks. The stream channel on the property is an unnamed tributary to Mckee Creek which
flows intot he Rocky which flows to the Upper Pee Dee River. Yadkin River joins the Uwharrie River to form the
Pee -Dee River. Pee Dee River enters the Atlantic Ocean through Winyah Bay in South Carolina. So drainages in
Iredell, Rowan, and Wilkes drain to Yadkin River (before it's confluence with Uwharrie River). Drainages in
Cabarrus, Mecklenburg, Stanley, and Union drain to Pee -Dee River.
D. Remarks: Jurisdictional "Waters of the US" have been identified on this property as depicted
by submitted Jurisdictional Request Package on file.
E. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the
particular site identified in this request. The delineation/determination may not be valid for the wetland conservation
provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation
in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources
Conservation Service, prior to starting work.
F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in
B. above)
Attached to this verification is an approved jurisdictional determination. If you are not in agreement with that approved
jurisdictional determination, you can make an administrative appeal under 33 CFR 331. Enclosed you will find a 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: Jason Steele, Review Officer
60 Forsyth Street SW, Room 1OM15
Atlanta, Georgia 30303-8801
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for
appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP.
Should you decide to submit an RFA form, it must be received at the above address within 60 days of the issue date below.
**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: _William Elliott
Issue Date: June 20, 2016 Expiration Date: June 19, 2021
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to
do so, please complete the Customer Satisfaction Survey located at our website at http://per2,nwp.usace.armv.mit/surve .lam
to complete the survey online.
CF: Leonard S. Rindner, PLLC, WEPG 10612-D Providence Road, PMB 550, Charlotte NC 28277
2

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Applicant: Robert Daurity, KH Hill LLP File Number: SAW-2016- Date: June w, i o
101111
Attached is:
See Section below
INITIAL PROFFERED PERMIT Standard Permit or Letter ofpermission)
A
PROFFERED PERMIT Standard Permit or Letter of permission)
B
PERMIT DENIAL
C
X APPROVED JURISDICTIONAL DETERMINATION
D
PRELIMINARY JURISDICTIONAL DETERMINATION
F
J
e�o►$ Identifies your righted o�ttons icgardtzig;an adnuxusttatrve appeal cif the above
x ��
�ition play be found at
.w ..Y ��>ata;nrGW/Pages/el;_tnate ox Co?� ,a,►s at 33 CF'ait 331 w�:.....
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 permit for your reconsideration, as indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights
to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you
may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this
form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the
date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process
by completing Section 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 Ru-ther instruction. Also you may
provide new information for further consideration by the Corps to reevaluate the JD.
SECTION -11 - IS`l' FOR APPEAQWJECTIINERAL PROFFERED PERW � 4f
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.
go,r oF,
.=;k:v.
If you have questions regarding this decision and/or the appeal
If you only have questions regarding the appeal process you may
process you may contact:
also contact:
William Elliott, Project Manager
Mr. Jason Steele, Administrative Appeal Review Officer
USACE, Asheville Regulatory Field Office
CESAD-PDO
151 Patton Ave
U.S. Army Corps of Engineers, South Atlantic Division
RM 208
60 Forsyth Street, Room I OM 15
Asheville, NC 28801
Atlanta, Georgia 30303-8801
828-271-7980
Phone: [phone]
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day
notice of any site investigation, and will have the opportunity to participate in all site investigations.
Date:
Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: William Elliott, 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. Jason Steele,
Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801
Phone: [phone]
4

M1. j NON -JURISDICTIONAL PERENNIAL WETLAND M WETLAND
SEASONAL GULLY RPW L 0.05 Acres 0.33 Acres
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f ; 0.42 Acres, USACE ON 10/8/2015*
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FIGURE NO. CRESSWINDS
Drawn By: Reviewed By:
21 Wetlands and Environmental Planning
Mecklenburg Co., NC NRN LSR
Group
Leonard S. Rindner, PLLC.
DELINEATION MAP — WATERS OF THE U.S. DATE:
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2277 EXISTING CONDITIONS STUDY 8/27/15
f: SUBJECT TO USACE/NCDENR VERIFICATION

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WETLAND — TYPICAL — PHOTO 4
BRAIDED WETLAND — TYPICAL — PHOTO 5
DISTURBED WETLAND — TYPICAL — PHOTO 6
FIGURE NO. CRESSWINDS— PHOTOS 2
21b kAIE7nf" Mecklenburg Co., NC
-- TYPICAL REPRESENTATIVE - WATERS OF THE U.S.
_ EXISTING CONDITIONS STUDY
SUBJECT TO USACE/NCDENR VERIFICATION
Drawn By:I Reviewed By:
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DATE:
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Wetlands and Environmental Planning Group
Leonard S. Rindner, PLLC.
Threatened / Endangered / Protected Species
Evaluation
For Cresswind Site
Mecklenburg County, North Carolina
By: Lisa R. Gaffney
July 18, 2018
Charlotte Office: www.wetlands-epg.com
Asheville Office:
10612-D Providence Rd.
1070 Tunnel Rd., Bldg. I
PMB 550
Suite 10, PM 283
Charlotte, NC 28277
Asheville. NC 28805
[phone]
[e-mail]

Cresswind Site - Threatened /Endangered /Protected Species Evaluation
GENERAL LANDSCAPE DESCRIPTION:
The Cresswind site is located just north of Albemarle Road, and just west of
Rocky River Church Road, in Mecklenburg County, North Carolina. The site can
be found on the Mint Hill USGS Topographic Quadrangle Map; latitude is
35.2289 °N, longitude is 80.6482 °W. The topography consists of gently sloped
upland grading into moderate slopes and stream corridors with the elevation
ranging from 630 to 790 ft. (Figure 1).
Figure 1:
FIGURE 1`40.
'
f
Mecklenburg Counry, NC
2
USGS MAP
\
EXISTING CONDITIONS STUDY
\\
SUBJECT TO USACE/NCOENR VEPIflCAiION
'APPROXIMATE BOUNDARY
•t
LOCATION:
Lac 35.2289
SCALE
� '
Long: -80.6482
1:24,000
-
HUC:03040105
ACRE
ROCKY
-365.00
Minl HBI, NC
ra..«.r
FIGURE 1`40.
CRESSWINDS
Mecklenburg Counry, NC
2
USGS MAP
\
EXISTING CONDITIONS STUDY
\\
SUBJECT TO USACE/NCOENR VEPIflCAiION
'APPROXIMATE BOUNDARY
Drawn By: I Reviewed By:
LRG ISR
DATE
12/18/14
Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC.

Cresstivind Site - Threatened /Endangered /Protected Species Evaluation
METHODOLOGY:
The US Fish and Wildlife Service website htti)://www.fws.gov/endangered/ was
referenced to determine the occurrence of Threatened, Endangered and
Protected species for Mecklenburg County North Carolina, the results of which
are listed below (Table 1). Maps and aerial photographs were assembled, and
the site was investigated during the weeks of January 5 and 12, 2015.
Table 1: Threatened / Endangered / Protected Species listed for
Mecklenburg County
County: Mecklenburg, NC
*Source: US Fish & Wildlife Service
**Data search on April 11, 2015 ***UPDATED July 18, 2018
Group Name Status Record Status
Invertebrate Carolina Heelsplitter (Lasmigona Endangered Current
decorata
Invertebrate Rusty -patched Bumble Bee Endangered Historic
(Bombus affinis)
Vascular Plants Smooth Coneflower (Echinacea Endangered
laevi ata
Vascular Plants Schweinitz's Sunflower (Helianthus Endangered
schweinitzii)
Vascular Plants Michaux's Sumac (Rhus michaux6) Endangered
Vertebrate Northern Long -Eared Bat (Myotic
septentrionalis)
Vertebrate Bald Eagle (Haliaeetus
leucocephalus)
Threatened
Current
Current
Current
Probable/Potential
Protected under the Bald Current
and Golden Eagle
Protection Act
Wetlands and Environmental Planning Group Leonard S. Rindner. PLLC.

Cresstivind Site - Threatened /Endangered /Protected Species Evaluation
Three plant species with federal protection were included in the survey efforts:
• Schweinitz's Sunflower (Helianthus schweinitzit), listed as Federally
Endangered, is typically found in open habitats which historically have
been maintained by wildfires and grazing bison and elk herds. Now most
occurrences are limited to roadsides, woodland and field edges, and utility
rights-of-way (ROW).
• Smooth Coneflower (Echinacea laevigata), listed as Federally
Endangered, is typically found in open woods, cedar barrens, roadsides,
clear cuts, dry limestone bluffs and power line rights-of-way, requiring
abundant sunlight and little competition from other plant species.
Michaux's Sumac (Rhus michauxii), listed as Federally Endangered,
requires habitat of sandy forests and woodland edges. This species
requires periodic fire as a part of its ecology.
A total of four animal species with federal protection are listed as potentially
occurring in Mecklenburg County:
• Bald Eagle (Haliaeetus leucocephalus), protected by the Bald and Golden
Eagle Protection Act, typically inhabits forested areas near large bodies of
open water such as lakes, marshes, seacoasts and rivers, where there are
suitable fish populations and tall trees for nesting and roosting.
• Carolina Heelsplitter (Lasmigona decorata), listed as Federally
Endangered, is restricted to cool, clean, well -oxygenated water. Stable,
silt- free stream beds are required for this species. Typically stable areas
occur where the stream banks are well -vegetated with trees and shrubs.
Northern Long-eared Bat (Myotis septentrionalis), listed as Federally
Threatened. During summer, northern long-eared bats roost singly or in
colonies underneath bark, in cavities, or in crevices of both live and dead
trees. Males and non -reproductive females may also roost in cooler
places, like caves and mines. It has also been found, rarely, roosting in
structures like barns and sheds. Northern long-eared bats spend winter
hibernating in caves and mines, called hibernacula.
Rusty -patched Bumble Bee (Bombus affinis), listed as Federally
Endangered, live in colonies that include a single queen and female
workers. Rusty -patched Bumble Bees historically occupied grasslands
and tallgrass prairies. Bumble bees need areas that provide nectar and
pollen from flowers, nesting sites (underground and abandoned rodent
cavities or clumps of grasses), and overwintering sites for hibernating
queens (undisturbed soil).
Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC.

Cresstivincl Site - Threatened / Encianwered / Protected Species Evaluation
RESULTS:
The site is characterized by expansive woodlands; pine plantations; disturbed,
timbered woodlots; pastureland; fencerows and dirt access roads; scrub/shrub
thickets; and stream corridors. There is a power line right of way transecting the
property. There are two utility towers on the site: a cell phone tower and a
Doppler radar tower. There is roadside edge on Albemarle Road, Rocky River
Church Road, and along 1-485 in part.
The mixed pine/hardwood forest on site is composed of White Oak (Quercus
alba), Red Oak (Q. rubra), Black Oak (Q. velutina), Mockernut Hickory (Carya
tomentosa), Pignut Hickory (C.glabra), American Beech (Fagus grandifolia),
Short -leaf Pine (Pinus echinata), Tulip Poplar (Liriodendron tulipifera), and
Sweet -gum (Liquidambar styraciflua). Understory species include Red Maple
(Acer rubrum), Flowering Dogwood (Cornus florida), Redbud (Cercis
canadensis), Sourwood (Oxydendrum arboreum), American Holly (Ilex opaca),
Ironwood (Celtis laevigata), and Black Gum (Nyssa sylvatica). Shrubs include
Blueberry (Vaccinium spp.) and Strawberry Bush (Euonymus americanus). Vines
present are Japanese Honeysuckle (Lonicera japonica), Virginia Creeper
(Parthenocissus quinquefolia), Muscadine (Vitis rotundifolia), and Poison Ivy
(Toxicodendron radicans) Herbs are generally sparse and include Christmas
Fern (Polystichum acrostichoides), Ebony Spleenwort (Asplenium platyneuron),
and Wintergreen (Chimaphila maculata). Additional herbs are expected to be
present but were not evident at the time of evaluation (January).
The pine plantations are planted in rows of Loblolly Pine (Pinus taeda). The
trees are even aged and are essentially a monoculture with just a few
successional hardwood saplings interspersed.
The disturbed, timbered land is covered in successional scrub/shrub thickets
including Blackberry, Autumn Olive (Elaeagnus sp.), with stump sprouts and
saplings of Short -leaf Pine, Sweet -gum, Tulip Poplar, Red Cedar (Juniperus
virginiana), Winged Elm (Ulmus alata), Black Cherry (Prunus serotina), and
Persimmon (Diospyros virginiana).
The pasture is dominated in Fescue grass (Festuca sp.), along with native
grasses and broad leaf weeds. This open land is either grazed or mowed except
for transitional edge habitat.
The assemblage of plants growing in the transitional edges of the woods,
timbered areas and disturbed roadside includes Broomsedge (Andropogon
virginicus), Johnson Grass (Sorghum halepense), Indian Grass (Sorghastrum
nutans), Japanese Stiltgrass (Microstegium vimineum), Love Grass (Eragrostis
sp.), Gamma Grass (Tripsacum dactyloides), Purple Top (Tridens flavus), Panic
Grass (Panicum sp.), Sericea Lespedeza (Lespedeza cuneata), Ragweed
(Ambrosia artemisiifolia), Curly Dock (Rumex crispus), Goldenrod (Solidago sp.),
Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC.

Cresswind Site - Threatened /Endangered /Protected Species Evaluation
Blackberry (Rubus sp.), Chinese Privet (Ligustrum sinense), Winged Sumac
(Rhus copallina), Japanese Honeysuckle (Lonicera japonica), Brazilian Verbena
(Verbena brasiliensis), Rabbit Tobacco (Gnapthalium obtusifolium), St. John's
Wort (Hypericum sp.), Tickseed (Bidens sp.), and Poke Weed (Phytolacca
americana).
Threatened & Endangered/Protected Species Results
All potential habitats for Schweinitz's Sunflower, Michaux's Sumac and
Smooth Coneflower along the roadsides and woods edges were examined
and none of these species were present.
• No habitat exists on the site for Bald Eagles, and there were no sightings
nor were any nesting sites observed.
The on-site streams do not have the habitat characteristics required to
support populations of the Carolina Heelsplitter. Based on existing
documentation, Carolina Heelsplitter populations have not been previously
identified within this basin. No individuals were observed during the survey
nor would any be expected on-site.
Comparing this site location to the USFWS Asheville office's website
(http://www.fws.gov/asheville/htmis/project review/NLEB in WNC.html) it
appears that the site meets the "exempt" criteria which requires no further
action under section 7 of the Endangered Species Act for the Northern
Long-eared Bat.
Comparing this site location to the USFWS Range Map for Rusty -patched
Bumble Bee
(https://www.fws.gov/midwest/endangered/insects/rpbb/rpbbmap.html)
Mecklenburg County is in it's Historic Range, and as such, Section 7
consultation is not needed. WEPG concludes that Rusty -patched Bumble
Bee is not present.
Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC.

Cressuvind Site - Threatened /Endangered / Protected Species Evaluation
RECOMMENDATIONS:
Based on the site investigation and the review of available data, WEPG did not
identify any protected species occurring on the subject property. No further
investigation of the presence of protected species on this site is recommended at
this time.
Respectfully submitted,
Lisa R. Gaffney
Biologist
July 18, 2018
Wetlands and Environmental Planning Group Leonard S. Rindner. PLLC.

Cressivind Site - Threatened /Endangered /Protected Species Evaluation
Curriculum Vitae for:
Lisa R. Gaffney
Biologist / Botanist
B.S. Biology, University of North Carolina at Charlotte
Ms. Gaffney is a classically trained Botanist and has conducted field work and
investigative studies covering thousands of cumulative acres in both North and South
Carolina since 1996, including:
• Cabarrus County NC Natural Heritage Inventory 1997-1998. Organized,
directed, and worked in field survey of natural areas in Cabarrus County for the
North Carolina Natural Heritage Program.
• Lincoln County NC Natural Heritage Inventory 2000-2001. Organized, directed,
and worked in field survey of natural areas in Lincoln County for the North
Carolina Natural Heritage Program.
• Threatened and Endangered Species Surveys and Natural Communities
Evaluation for over 45,000 acres in North and South Carolina, 1996 - present.
• Located and identified at least six previously unreported populations of Federally
Endangered Schweinitz's Sunflower (Helianthus schweinitzii).
• Located and identified four previously unreported populations of
Threatened Dwarf Heartleaf (Hexastylis naniflora).
• Located a previously unknown population of Federally Endangered Schweinitz's
Sunflower at Redlair Farm in Gaston County, NC. This discovery led (in part) to
the purchase of the site by the State of North Carolina Plant Conservation
Program, now called Redlair Preserve. This population has become a Recovery
Site for the species.
• Participated in numerous Piedmont Prairie restoration projects in Mecklenburg,
Union, Cabarrus and Gaston Counties, North Carolina.
Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC.