20151295 Ver 2_401 Application_20181113

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Preliminary ORM Data Entry Fields for New Actions Wetlands and Environmental Planning Group
Leonard S. Rindner, PLLC.
SAW — 201 - BEGIN DATE [Received Date]:
Prepare file folder ❑ Assign Action ID Number in ORM PAI
1. Project Name [PCN Form A2a]: Summers Walk Phase 5
2. Work Type: PrivateWl
Institutional F-1Government ❑ Commercial 1:1
3. Project Description / Purpose [PCN Form 63d and 63e]:
PCN request for road crossings associated with subdivision expansion
4. Property Owner / Applicant [PCN Form A3 or A4]: MF Summers Walk Investments, LLC
5. Agent / Consultant [PCN Form A5 — or ORM Consultant ID Number]: Leonard S. Rlndner, PLLC / WEPG
6. Related Action ID Number(s) [PCN Form 65b]: 200331084, 200532043, and 20532044
7. Project Location - Coordinates, Street Address, and/or Location Description [PCN Form 131b]:
35.45487N, -80.7688W; 16008 Davidson -Concord Road, Davidson, NC
8. Project Location - Tax Parcel ID [PCN Form 61a]: 00747199, 0747110, 46723522890000, 46724437100000
9. Project Location —County [PCN Form A2b]: Cabarrus / Mecklenburg
10. Project Location — Nearest Municipality or Town [PCN Form A2c]: Davidson
11. Project Information — Nearest Waterbody [PCN Form 62a]: Rocky River
12. Watershed / 8 -Digit Hydrologic Unit Code [PCN Form 62c]: 03040105 - Rocky
Authorization: Section 10 ❑ Section 404 7 Section 10 & 404
Regulatory Action Type:
Standard Permit
✓ Nationwide Permit # 14
❑ Regional General Permit #
❑ Jurisdictional Determination Request
❑Pre -Application Request
Unauthorized Activity
0 Compliance
❑ No Permit Required
Revised 20150602

Wetlands and Environmental Planning Group
November 8, 2018
Ms. Catherine Janiczak
U.S. Army Corps of Engineers
Asheville Regulatory Field Office
151 Patton Avenue, Asheville, NC 28801-5006
Ms. Donna Hood
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. Rindner, PLLC.
Subject: Pre -Construction Notification for NWP #14 for the Summers Walk Phases 5 Site,
Cabarrus and Mecklenburg Counties, NC.
Ms. Janiczak, Hood, and Higgins and Mr. Hamstead,
Enclosed is a resubmission for a Nationwide Permit # 14 for the approximate 65.2 -acre site
known as the Summers Walk Phase 5 site located at 16008 Davidson -Concord Road, near
Davidson, NC. The site is a proposed residential development and consists of two streams and
four wetlands. A preliminary jurisdictional determination of a larger area encompassing Phases 5
& 6 was field -verified by William Elliot and Steve Kichefski on 11/5/2013. A previous permit
application for Phases 5 and 6 of this project was approved on 1/28/2016 and expired 3/18/2017
(SAW -2016-00109). This resubmittal includes Phase 5 only and involves a smaller subset of the
verified delineation. In a subsequent meeting with USACE PMs on 9/11/18 it was agreed that a
resubmission of the PJD would not be required along with this permit resubmission as conditions
on the site have not changed since the 2013 verification. Please refer to the Jurisdictional
Determination section for information on onsite surface waters for Phase 5. Please refer to the
Approvals section for information on previous authorizations.
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] 1
[e-mail]

Wetlands and Environmental Planning Group
Leonard S. Rindner, PLLC.
As shown on the attached exhibits, the proposed project will include impacts to one perennial
stream and one wetland associated with two road crossings. These road crossings are required to
provide access/service to Phase 5 of the existing Summers Walk residential subdivision and to
facilitate connectivity to the surrounding area as required by the City of Kannapolis. Overall
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. Total permanent impacts proposed are to 0.109 acres of wetland (Wetland L)
and 162 linear feet stream (Stream A). Of the 162 linear feet of impact to Stream A, only 117
linear feet will contribute to a loss of waters of the U.S.
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 wetland
crossing is located in the narrowest portion of the wetland in an area that has been cleared for a
previous access path. The stream crossing is located in an area that has been impacted by
clearing and grading from adjacent development. The roadway crossings have been designed at
minimum possible widths reducing surface water impacts through the use of retaining walls,
headwalls, and recessed sidewalks. The footprints of proposed energy dissipation pads have been
kept to the minimum required by the City of Kannapolis. Additionally, the crossing approach to
Stream A has been redesigned from the previously approved design and will reduce impacts by
25 linear feet. The applicant has demonstrated substantial avoidance and minimization efforts in
which the 96% of the streams and 90% of the wetlands onsite will be avoided on the project.
To compensate for the anticipated permanent impacts, the applicant is proposing payment into
NCDMS at a 1.75:1 ratio for 117 linear feet of perennial warm water stream and a 1:1 ratio for
0.109 acres of riparian wetland. As noted above, the selected locations of the stream and wetland
crossings have been historically impacted and show significant impairment to their current
ecological functional capacity. Please see the North Carolina Stream and Wetland Assessment
Method (NCSAM/NCWAM) forms attached for their respective quantitative scores.
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

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Office Use Only:
Corps action ID no.
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
1a.
Type(s) of approval sought from the Corps:
❑X Section 404 Permit ❑ Section 10 Permit
1b.
Specify Nationwide Permit (NWP) number: 14 or General Permit (GP) number:
1 c.
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.
❑ Yes ❑X No
1 h.
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes ❑X No
2.
Project Information
2a.
Name of project:
Summers Walk Phase 5
2b.
County:
Mecklenburg / Cabarrus
2c.
Nearest municipality / town:
Davidson
2d.
Subdivision name:
Summers Walk
2e.
NCDOT only, T.I.P. or state project no:
3.
Owner Information
3a.
Name(s) on Recorded Deed:
MF Summers Walk Investments, LLC
3b.
Deed Book and Page No.
27770-231, 10224-21, 10770-123
3c.
Responsible Party (for LLC if
applicable):
Thomas Clement
3d.
Street address:
13860 Ballantyne Corporate Place, Suite 130
3e.
City, state, zip:
Charlotte, INC 28277
3f.
Telephone no.:
301-363-3476
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 PINS - see attached parcel map
1 b.
Site coordinates (in decimal degrees):
ILatitude: 35.4548 Longitude: -80.7688
1 c.
Property size:
65.23 acres
2.
Surface Waters
2a.
Name of nearest body of water to proposed project:
Rocky River
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 is currently vacant and is composed of forested areas and utility right-of-way easements. General land use in the vicinity consists of
residential and commercial developments. Site conditions have not changed since the 2013 USACE field -verification.
3b.
List the total estimated acreage of all existing wetlands on the property: 1.05
3c.
List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 2,705
3d. Explain the purpose of the proposed project:
Construction of two road crossings to provide necessary access to Phase 5 of the residential subdivision.
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: PJD Request submitted 12/08/15 (SAW -2016-00109).
4b.
If the Corps made the jurisdictional determination, what type
of determination was made?
Preliminary ❑ Final
4c.
If yes, who delineated the jurisdictional areas?
Name (if known): Nic Nelson
Agency/Consultant Company: WEPG
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
The original PJD submittal was field -verified by William Elliot and Steve Kichefski on 11/5/2013. In a subsequent meeting with USACE PMs on
09/11/18 it was agreed a PJD resubmission would not be required along with this permit resubmission.
5.
Project History
5a.
Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past?
0 Yes ❑ No ❑ Unknown
5b. If yes, explain in detail according to "help file" instructions.
Previous permits issued for development under AIDS 20331084, 200532043, and 200532044 for NWPs 12, 14, and 39. See attached cover letter.
6.
Future Project Plans
6a.
Is this a phased project?
0 Yes ❑ No
6b. If yes, explain.
The proposed impacts are associated with the final phases of the Summers Walk residential development. No additional phases are proposed.
Page 3 of 10
PCN Form - Version 1.4 January 2009

C. Proposed Impacts Inventory
1. Impacts Summary
1a. Which sections were completed below for your project (check all that apply):
❑X Wetlands ❑X Streams — tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a.
2b.
2c.
2d.
2e.
2f.
Wetland impact
Type of impact
Type of wetland
Forested
Type of jurisdiction
Area of
number
Corps (404,10) or
impact
Permanent (P) or
DWQ (401, other)
(acres)
Temporary T
W1 P
Culvert
Bottomland Hardwood Forest
Yes
Corps
0.109
W2 T
Construction Access
Bottomland Hardwood Forest
Yes
Corps
0.012
W3
Choose one
Choose one
Yes/No
W4
Choose one
Choose one
Yes/No
W5
Choose one
Choose one
Yes/No
N/6
Choose one
Choose one
Yes/No
2g. Total Wetland Impacts:
0.121
2h. Comments:
The 0.012 ac temporary wetland impacts are required for construction access for the retaining wall on the upslope side of the proposed crossing.
These impacts will be restored to preexisting conditions. The 0.109 ac of permanent impacts are based on the minimum requirements of the energy
dissipation pool design verified by the City of Kannapolis.
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a.
3b.
3c.
3d.
3e.
3f.
3g.
Stream impact
Type of impact
Stream name
Perennial (PER) or
Type of
Average
Impact
number
intermittent (INT)?
jurisdiction
stream
length
Permanent (P) or
width
(linear
Temporary (T)
(feet)
feet)
S1 P
Culvert
Stream A
PER
Corps
6
77
S2 P
Plunge Pool
Stream A
PER
Corps
6
40
S3 P
Rip Rap
Stream A
PER
Corps
6
45
S4 T
Construction Access
Stream A
PER
Corps
6
42
S5
Choose one
S6
Choose one
3h. Total stream and tributary impacts
204
3i. Comments:
The 42 If of temporary impacts are needed for construction access for the headwall on the upslope side of the crossing - these will be restored as per
the restoration exhibits included. The permanent impacts include 45 If of riprap that will be placed at existing bed elevations, per requirements of the
City of Kannapolis, and will not contribute to loss -of -waters of the U.S.
Page 4 of 10
PCN Form — Version 1.4 January 2009

4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then 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 vou MUST fill out Section D of this form.
6a. Project is in which protected basin?
❑ Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Randleman ❑ Other:
6b.
Buffer Impact
number —
Permanent (P) or
Temporary T
6c.
Reason for impact
6d.
Stream name
6e.
Buffer
mitigation
required?
6f.
Zone 1
impact
(square
feet)
6g.
Zone 2
impact
(square
feet
B1 -
Yes/No
B2 -
Yes/No
B3 -
Yes/No
B4 -
Yes/No
B5 -
Yes/No
B6 -
Yes/No
6h. Total Buffer Impacts:
6i. Comments:
Page 5 of 10

D. Impact Justification and Mitigation
1. Avoidance and Minimization
1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
Due to the location of the wetlands and streams on the site, opportunities to avoid these areas were limited. The impacted wetland and stream areas
span the location of both access areas for the site. Plan design for the residential lots and roadway access was oriented and located to minimize
impacts to wetlands and streams while maintaining required development lots and site access/egress requirements. Updates from the previous
submission include realigning the proposed crossing of Stream A to reduce impacts and alleviate potential future erosion at the stream bend.
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.
Where possible, retaining walls and headwalls, and recessed sidewalks are used to keep road crossings as narrow as possible. The footprints of
proposed energy dissipation pads have been kept to the minimum required by the City of Kannapolis.
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.
❑X Yes
4b. Stream mitigation requested:
117 linear feet
4c. If using stream mitigation, stream temperature:
warm
4d. Buffer mitigation requested (DWQ only):
square feet
4e. Riparian wetland mitigation requested:
0.109 acres
4f. Non-riparian wetland mitigation requested:
acres
4g. Coastal (tidal) wetland mitigation requested:
acres
4h. Comments: A 1.75:1 ratio is proposed for stream impacts & a 1:1 ratio is proposed for wetland impacts. See attached NCSAM/NCWAM.
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Page 6 of 10
PCN Form — Version 1.4 January 2009

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

E.
Stormwater Management and Diffuse Flow Plan (required by DWQ)
1.
Diffuse Flow Plan
1 a.
Does the project include or is it adjacent to protected riparian buffers identified
❑ Yes ❑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?
21.5%
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 has
not yet been submitted to the City of
Kannapolis but will be designed to meet their criteria.
2e.
Who will be responsible for the review of the Stormwater Management Plan?
City of Kannapolis
3.
Certified Local Government Stormwater Review
3a.
In which localgovernment's jurisdiction is thisproject?
City of Kannapolis
❑X Phase II
❑ NSW
3b.
Which of the following locally -implemented stormwater management programs
❑ USMP
apply (check all that apply):
❑ Water Supply Watershed
❑ Other:
3c.
Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ❑X No
attached?
4.
DWQ Stormwater Program Review
❑Coastal counties
❑HQW
4a.
Which of the following state -implemented stormwater management programs apply
❑ORW
(check all that apply):
❑Session Law 2006-246
❑Other:
4b.
Has the approved Stormwater Management Plan with proof of approval been
❑ Yes 0 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)?
1 c.
If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
❑ Yes ❑ No
letter.)
Comments:
2.
Violations (DWQ Requirement)
2a.
Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards,
❑Yes ❑X No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b.
Is this an after -the -fact permit application?
El 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
❑ Yes X❑ No
additional development, which could impact nearby downstream water quality?
3b.
If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
4.
Sewage Disposal (DWQ Requirement)
4a. Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility.
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 on the site in which no Federally protected 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 Q 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 grading/fill will occur/be placed within the floodplain as part of this project. Subsequently, no change in base flood elevations will occur as part of
this project.
8c. What source(s) did you use to make the floodplain determination?
http://polaris3g.mecklenburgcountync.gov ; http://gis.cabarruscounty.us/mycabarrusgis/
Daniel Digitally signed by Daniel Kuefler
DN: cn=Daniel Kuefler, o=WEPG,
ou, email=daniel.kuefler@wetlands-
c=US
epg.cDate:
Daniel Kuefler
01
Kuefler Date: 201 8.11.07 14:08:22 -05'00'
11-08-2018
Applicant/Agent's Printed Name
Date
Applicant/Agent's Signature
(Agent's signature is valid only if an authorization
letter from the applicant isprovided.)
Page 10 of 10

Wetlands and Environmental Planning Group
Ap-ent Authorization Letter
Leonard S. Rindner, PLLC.
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: Summers Walk Phase 5 & 3A
Property Address: 16008 Davidson -Concord Road, Davidson, NC 28036
Parcel Identification Number (PIN): 2multiple PINS see attached map.
Select one: I am the current property owner
Name: Thomas M. Clement
Company: MF Summers Walk Investments, LLC
Mailing Address: 11610 N. Community House Rd., Suite 100, Charlotte, NC 28277
Telephone Number: 704-930-7500
Electronic Mail Address: [e-mail]
9/14/2018
Property Owner/ Interested Buyer* / Other* Date
* The Interested Buyer/Other acknowledges that an agreement and/or formal contract to purchase and/or conduct
due diligence activities exists between the current property owner and the signatory of this authorization in cases
where the property is not owned by the signatory.
Charlotte Office: www.wettands-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. [e-mail]

Mitigation Services
f"VIR©NME NTAL@UA LIT
November 7, 2018
Thomas Clement
MF Summers Walk Investments, LLC
11610 N. Community House Road, Suite 100
Charlotte, NC 28277
Project: Summers Walk Phase V
Rt)l_ I. 0(011AL
MICFIAEL S. REGAN
Expiration of Acceptance: 5/7/2019
County: Cabarrus
The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to
accept payment for compensatory mitigation for impacts associated with the above referenced project as
indicated in the table below. Please note that this decision does not assure that participation in the DMS in -
lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts.
It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will
be approved. You must also comply with all other state, federal or local government permits, regulations or
authorizations associated with the proposed activity including G.S. § 143-214.11.
This acceptance is valid for six months from the date of this letter and is not transferable. If we have not
received a copy of the issued 404 Permit/401 Certification within this time frame, this acceptance will
expire. It is the applicant's responsibility to send copies of the permits to DMS. Once DMS receives a copy
of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must
be made prior to conducting the authorized work. The amount of the in -lieu fee to be paid by an applicant is
calculated based upon the Fee Schedule and policies listed on the DMS website.
Based on the information supplied by you in your request to use the DMS, the impacts for which you are
requesting compensatory mitigation credit are summarized in the following table. The amount of mitigation
required and assigned to DMS for this impact is determined by permitting agencies and may exceed the
impact amounts shown below.
River Basin Impact Location Impact Type Impact Quantity
Yadkin 03040105
Yadkin 03040105
Riparian Wetland I 0.109
Warm Stream 117
Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The
mitigation will be performed in accordance with the In -Lieu Fee Program instrument dated July 28, 2010.
Thank you for your interest in the DMS in -lieu fee mitigation program. If you have any questions or need
additional information, please contact Kelly Williams at [phone].
cc: Daniel Kuefler, agent
Sincerely,
J mrs.BStanfilA sagement Supervisor
State of North Carolina I Environmental Quality I Mingation Services
1652 Mail Service Center I Raleigh, NC 27699-1652 17 R'. Jones Street, Suite ;000
919 707 8976 T

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FIGURE NO.( SUMMERSWALK PHASE V
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USGS MAP - WATERS OF THE U.S.
EXISTING CONDITIONS STUDY
SUBJECT TO USACE/NCDENR VERIFICATION
it
Drawn By: Reviewed By:
HAC LSR
DATE:
10/27/15

FIGURE NO. SUMMERSWALK PHASE V Drawn By: Reviewed By:
4 A IC D i� Cabarrus/Mecklenburg Co., NC HAC LSR
DATE:
NRCS SOIL MAP — WATERS OF THE U.S.
EXISTING CONDITIONS STUDY 10/28/2015
SUBJECT TO USACE/NCDENR VERIFICATION

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5 _
SOIL MANUSCRIPT — WATERS OF THE U.S.
EXISTING CONDITIONS STUDY
SUBJECT TO USACE/NCDENR VERIFICATION
Drawn By: Reviewed By:
DCK LSR
DATE:
10/16/2018

MF Summers Walk
Investments, LLC
13860 Ballantyne
Corporate Place
Charlotte, NC 28277
PID: 00747110
nor
el MF Summers Walk Investments, LLC
13860 Ballantyne Corporate Place
Charlotte, NC 28277
PID:00747199
FIGURE NO.
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so MV __ ..
MF Summers Walk Investments, LLC
13860 Ballantyne Corporate Place
Charlotte, NC 28277
PID:46724437100000
SUMMERSWALK PHASE V
Cabarrus/Mecklenburg Co., NC
PARCEL MAP - WATERS OF THE U.S.
EXISTING CONDITIONS STUDY
SUBJECT TO USACE/NCDENR VERIFICATION
I
Drawn By: I Reviewed By:
HAC LSR
DATE:
10/27/15
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DATE:
Navigation Pathway Map 10/27/15 /
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Cabarrus/ Meck. Co., NC
STREAM BANK STABILIZATION DETAIL
TYPICAL DETAIL— N.T.S.
Drawn By: Reviewed By:
DCK LSR
DATE:
11/08/18
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a UVF STAKES SHALL 9E SPACEO T O.C.
S. UVE STAKES 90" BE PLANTED A VINIMW OF 16' IN
DEPTH IMM NO MORE TF(AN a-6' 21F STAML' 01POISE11
LIVE -W-AH DETAIAtSTAiL
IF
EXTEND COR MER MAT WWF(L. 9iLT WITH
H
F1f.MFORCm WITH N+P:
V REYDAA 'OP OF IAM( WE AT TOP OF BANK
(U)OE OF rOIR FTBFA
NFT/MAT)
%NL -
(
"DIM ROU( (9MOT OR IIIPORt)
LY BE USED TO REFORM
!REAM IAN( (STACKF'D} IA' :)
1l SHALL COVER STRFAM
x FADE OF ROCK STACK
SE OF ROCK TO 4NO40R BANK
CIPIICNAL)
! FX1EN0 COIR FlBFR NET/MAT
12' BELOW WAILR "rACL
-._ t1LI VAIICN
5 0 2.5 5 10 20 0 10 20 4V
VERTICAL GRAPHIC SCALE HORIZONTAL GRAPHIC SCALE
I ow parr I ( !N "-K-E )
Summers Walk Phase 5
Cabarrus/ Meck. Co., NC
STREAM BANK STABILIZATION DETAIL
TYPICAL DETAIL— N.T.S.
Drawn By: Reviewed By:
DCK LSR
DATE:
11/08/18

O
.4-J
cz
C—
E
v
r�
.jurisdictional
Determination Information

FIGURE NO. SUMMERSWALK PHASE V Drawn By: Reviewed By:
19 Cabarrus/Mecklenburg Co., NC HAC LSR
Wetlands and Environmental Planning Group I DATE:
Leonard S, Rindner, PILLC' DELINEATION MAP — WATERS OF THE U.S.
\ len. rind [e-mail] , .,_ EXISTING CONDITIONS STUDY 11/4/15 /
SUBJECT TO USACE/NCDENR VERIFICATION

STREAM REACH EVALUATION FORM
Date: 7/26/13 Evaluator: I NRN, LSR
Eastin :
-80.7688 W
Project: Summers Walk Phase V: Perennial Stream A
Northing:
35.4548 N
Total Points:
1a.
Stream is at least intermittent if > 19 or perennial if > 30*
34.0
(right -click the purple number and left -click Update Field to summarize points)
2
A.
Geomorphology
Absent
Weak
Moderate
Strong
SCORE
1a.
Continuity of channel bed and bank
0
1
2
3
2
2.
Sinuosity of channel along thalweg
0
1
2
3
3
3.
In -channel structure: riffle- / step- pool sequence
0
1
2
3
1
4.
Particle size of stream substrate
0
1
2
3
2
5.
Active/relic floodplain
0
1
2
3
0
6.
Depositional bars or benches
0
1
2
3
3
7.
Recent alluvial deposits
0
1
2
3
1
8.
Headcuts
0
1
2
3
0
9.
Grade controls
0
0.5
1
1.5
1.5
10.
Natural valley
0
0.5
1
1.5
1.5
11.
Second or greater order channel
No = 0
Yes
= 3
0
Geomorphology
Subtotal
15.0
a Man-made ditches are not rated: see discussion in NCDWQ Manual
B. Hydrology
12. Presence of Baseflow
0
1
2
3
3
13. Iron Oxidizing Bacteria
0
1
2
3
1
14. Leaf litter
1.5
1
0.5
0
1.5
15. Sediment on plants or debris
0
0.5
1
1.5
1.5
16. Organic debris lines or piles Wrack lines
0
0.5
1
1.5
1
17. Soil -based Evidence of high water table?
0.5
No = 0
Yes = 3
3
23.
Crayfish
0
Hydrology
Subtotal
11.0
C. Biology
18.
Fibrous roots in streambed
3
2
1
0
3
19.
Rooted upland plants in streambed
3
2
1
0
3
20.
Macrobenthos note diversity and abundance)
0
1
2
3
0
21.
Aquatic Mollusks
0
1
2
3
0
22.
Fish
0
0.5
1
1.5
1
23.
Crayfish
0
0.5
1
1.5
0
24.
Amphibians
0
0.5
1
1.5
1
25.
Algae
0
0.5
1
1.5
0
26.
Wetland plants in streambed
FACW= 0.75, OBL= 1.5, Other= 0
0
Biology
Subtotal
8.0
* perennial streams may also be identified using other methods. See page 35 of NCDWQ manual.
Notes:
Adapted from NCDWQ: Methodology for Identification of Intermittent and Perennial Streams and their
Origins.
(version 4.11)

WETLAND DETERMINATION DATA FORM — Eastern Mountains and Piedmont Region
Project/Site: Summers Walk Phase V City/County: Charlotte/Mecklenburg
ADDllcant/OWner: MF Summers Walk Investments, LLC
State: NC
Investigator(s): NRN, LSR Section, Township, Range:
Landform (hillslope, terrace, etc.): valley Local relief (concave, convex, none): concave
Subregion (LRR or MLRA): MLRA 136 Lat: 35.4548 N Long: -80.7688 W
Soil Map Unit Name: VaD: Vance Sandy Loam
Are climatic / hydrologic conditions on the site typical for this time of year? Yes X
Are Vegetation Soil or Hydrology significantly disturbed?
Are Vegetation Soil ' or Hydrology naturally problematic?
Sampling Date: 7/26/13
- Sampling Point: Wetland L
_ Slope (%): 8-15
Datum:
NWI classification:
No (If no, explain in Remarks.)
Are "Normal Circumstances" present? Yes No =
(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 = Is the Sampled Area
Hydric Soil Present? Yes= No= within a Wetland? Yes No
Wetland Hydrology Present? Yes 0 No =
Remarks:
Representative Wetland Data Point for Wetlands O, P and Q.
HYDROLOGY
Wetland Hydrology Indicators:
Secondary Indicators (minimum of two required)
Primary Indicators (minimum of one is required: check all that apply)
Ourface Soil Cracks (136)
=Surface Water (A1)
=True Aquatic Plants (1314)
=1sparsely Vegetated Concave Surface (68)
=High Water Table (A2)
=Hydrogen Sulfide Odor (C1)
=Prainage Patterns (610)
=Saturation (A3)
=Oxidized Rhizospheres on Living Roots (C3) =Moss Trim Lines (616)
=Water Marks (131)
=Presence of Reduced Iron (C4)
=Dry -Season Water Table (C2)
=Sediment Deposits (62)
=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 (B7)
=Shallow Aquitard (D3)
=Water -Stained Leaves (139)
=Microtopographic Relief (D4)
=Aquatic Fauna (613)
=FAC -Neutral Test (D5)
Field Observations:
Surface Water Present? Yes=
No= Depth (inches): 0-211
Water Table Present? Yes=
No= Depth (inches): 0 -
Saturation Present? Yes=
No= Depth (inches): Q _
Wetland Hydrology Present? Yes a] No
includes capillary fringe)
Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available:
Remarks:
US Army Corps of Engineers Eastern Mountains and Piedmont - Version 2.0

VEGETATION (Five Strata) — Use scientific names of plants.
Sampling Point: Wetland L
Sapling Stratum (Plot size: 15' ) OBL species x 1 =
1 Fraxinus pennsylvanica 20 Y FACW FACW species x 2 =
2 Carpinus caroliniana 15 Y FAC FAC species x 3 =
3 Salix nigra 10 Y OBL FACU species x 4 =
q. UPL species x 5 =
5. Column Totals: (A) (B)
Absolute
Dominant Indicator
Dominance Test worksheet:
7.
Tree Stratum (Plot size: 30'
) % Cover
Species? Status
Number of Dominant Species
15'
1 Fraxinus pennsylvanica
35
Y FACW
That Are OBL, FACW, or FAC:
12
(A)
2 Salix nigra
25
Y OBL
02 - Dominance Test is >50%
2 Sambucus nigra
15
Y FAC
03 - Prevalence Index is 53.01
Total Number of Dominant
=4 - Morphological Adaptations' (Provide supporting
3 Carpinus caroliniana
15
Y FAC
Species Across All Strata:
12
(B)
4.
_Problematic Hydrophytic Vegetation' (Explain)
6.
Percent of Dominant Species
7.
5.
be present, unless disturbed or problematic.
5'
That Are OBL, FACW, or FAC:
100%
(A/B)
6.
1 Carex crinata
45
Prevalence Index worksheet:
Tree — Woody plants, excluding woody vines,
2 Pontederia cordata
20
7
approximately 20 ft (6 m) or more in height and 3 in.
(7.6 cm) or larger in diameter at breast height (DBH).
3 Juncus effusus
75
Y FACW
Total % Cover of:
Multiply by:
15
N FACW
Sapling — Woody plants, excluding woody vines,
= Total Cover
approximately 20 ft (6 m) or more in height and less
Sapling Stratum (Plot size: 15' ) OBL species x 1 =
1 Fraxinus pennsylvanica 20 Y FACW FACW species x 2 =
2 Carpinus caroliniana 15 Y FAC FAC species x 3 =
3 Salix nigra 10 Y OBL FACU species x 4 =
q. UPL species x 5 =
5. Column Totals: (A) (B)
Hydrophytic
Vegetation
Present? Yes= No
20 = Total Cover
Remarks: (Include photo numbers here or on a separate sheet.)
US Army Corps of Engineers Eastern Mountains and Piedmont — Version 2.0
Prevalence Index = B/A =
7.
Hydrophytic Vegetation Indicators:
45
15'
= Total Cover
F-11 - Rapid Test for Hydrophytic Vegetation
Shrub Stratum (Plot size:
)
1 Alnus serrulata
30
Y OBL
02 - Dominance Test is >50%
2 Sambucus nigra
15
Y FAC
03 - Prevalence Index is 53.01
=4 - Morphological Adaptations' (Provide supporting
3
4.
data in Remarks or on a separate sheet)
5.
_Problematic Hydrophytic Vegetation' (Explain)
6.
'Indicators of hydric soil and wetland hydrology must
7.
be present, unless disturbed or problematic.
5'
45
=Total Cover
Definitions of Five Vegetation Strata:
Herb Stratum (Plot size: )
1 Carex crinata
45
Y OBL
Tree — Woody plants, excluding woody vines,
2 Pontederia cordata
20
Y OBL
approximately 20 ft (6 m) or more in height and 3 in.
(7.6 cm) or larger in diameter at breast height (DBH).
3 Juncus effusus
20
Y FACW
q Boeheria cylindrica
15
N FACW
Sapling — Woody plants, excluding woody vines,
approximately 20 ft (6 m) or more in height and less
5.
than 3 in. (7.6 cm) DBH.
6.
Shrub — Woody plants, excluding woody vines,
7
approximately 3 to 20 ft (1 to 6 m) in height.
8.
9
Herb — All herbaceous (non -woody) plants, including
herbaceous vines, regardless of size, and woody
10.
plants, except woody vines, less than approximately 3
11.
ft (1 m) in height.
12.
Woody vine — All woody vines, regardless of height.
100
= Total Cover
Woody Vine Stratum (Plot size: 30' )
1 Smilax rotundifolia
20
Y FAC
Hydrophytic
Vegetation
Present? Yes= No
20 = Total Cover
Remarks: (Include photo numbers here or on a separate sheet.)
US Army Corps of Engineers Eastern Mountains and Piedmont — Version 2.0

SOIL
Profile Description: (Describe to the depth needed to document the indicator or confirm the absence
Sampling Point: Wetland L
Depth Matrix Redox Features
(inches) Color (moist) % Color (moist) % Type Loc Texture Remarks
0-12 513 4/1 80 7.5YR 4/1 20 RM M Sandy Clay
'Type: C=Concentration, D=De letion, RM=Reduced Matrix, MS=Masked Sand Grains. 2Location: PL=Pore Lining, M=Matrix.
Hydric Soil Indicators:
=Histosol (A1)
=Dark Surface (S7)
Indicators for Problematic Hydric Soils':
=2 cm Muck (A10) (MLRA 147)
=Histic Epipedon (A2)
=Polyvalue Below Surface (S8) (MLRA 147, 148)
=Coast Prairie Redox (A16)
=Black Histic (A3)
=Thin Dark Surface (S9) (MLRA 147, 148)
(MLRA 147, 148)
=Hydrogen Sulfide (A4)
=Loamy Gleyed Matrix (F2)
=Piedmont Floodplain Soils (F19)
=Stratified Layers (A5)
=2 cm Muck (A10) (LRR N)
=Depleted Matrix (F3)
=Redox Dark Surface (F6)
(MLRA 136, 147)
=Very Shallow Dark Surface JF 12)
=Depleted Below Dark Surface (A11)
=Depleted Dark Surface (F7)
=Other (Explain in Remarks)
=Thick Dark Surface (Al2)
=Redox Depressions (F8)
=Sandy Mucky Mineral (S1) (LRR N,
=Iron -Manganese Masses (F12) (LRR N,
MLRA 147, 148)
MLRA 136)
=Sandy Gleyed Matrix (S4)
=Umbric Surface (F13) (MLRA 136, 122)
3Indicators of hydrophytic vegetation and
=Sandy Redox (S5)
=Piedmont Floodplain Soils (F19) (MLRA 148)
wetland hydrology must be present,
=Stripped Matrix (S6)
=Red Parent Material (F21) (MLRA 127, 147)
unless disturbed or problematic.
Type:
Depth (inches):
Remarks:
Hydric Soil Present? Yes No =
US Army Corps of Engineers Eastern Mountains and Piedmont — Version 2.0

WETLAND DETERMINATION DATA FORM — Eastern Mountains and Piedmont Region
Project/Site: Summers Walk Phase V City/County: Charlotte/Mecklenburg
State: NC
ADDlicant/Owner: MF Summers Walk Investments, LLC
Investigator(s): NRN, LSR Section, Township, Range:
Landform (hillslope, terrace, etc.): valley Local relief (concave, convex, none): concave
Subregion (LRR or MLRA): MLRA 136 Lat: 35.4455 N Long: -80.7740 W
Soil Map Unit Name: VaD: Vance Sandy loam NWI classification:
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? YesFT� No
Are Vegetation Soil ' or Hydrology naturally problematic? (If needed, explain any answers in Remarks.)
Sampling Date: 7/26/13
_ Sampling Point: Upland DP1
- Slope (%): 8-15
Datum:
SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc.
Hydrophytic Vegetation Present? Yes= No 0✓ Is the Sampled Area
Hydric Soil Present? Yes= No within a Wetland? Yes No
Wetland Hydrology Present? Yes= No 0
Remarks:
Upland data point taken approximately 30'W of Wetland L. Representative Upland Data Point for
Wetlands O, P and Q.
HYDROLOGY
Wetland Hydrology Indicators:
Secondary Indicators (minimum of two required)
Primary Indicators (minimum of one is required: check all that apply)
Elsurface Soil Cracks (B6)
=Surface Water (A1) =True Aquatic Plants (B14)
E=Isparsely Vegetated Concave Surface (B8)
=High Water Table (A2) =Hydrogen Sulfide Odor (Cl)
E=]Drainage Patterns (1310)
=Saturation (A3) =Oxidized Rhizospheres on Living Roots (C3) =Moss Trim Lines (1316)
=Water Marks (B1) =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 (64) Other (Explain in Remarks)
[Stunted or Stressed Plants (D1)
=Iron Deposits (B5)
=Geomorphic Position (D2)
=Inundation Visible on Aerial Imagery (B7)
=Shallow Aquitard (D3)
[Water -Stained Leaves (B9)
[Microtopographic Relief (D4)
=Aquatic Fauna (B13)
=FAC -Neutral Test (D5)
Field Observations:
Surface Water Present? Yes= No= Depth (inches): -
Water Table Present? Yes= No= Depth (inches): -
Saturation Present? Yes= No= Depth (inches):
Wetland Hydrology Present? Yes= No
-
includes capillary fringe)
Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available:
Remarks:
US Army Corps of Engineers Eastern Mountains and Piedmont — Version 2.0

VEGETATION (Five Strata) — Use scientific names of plants.
Sampling Point: Upland DP1
�- = i oiai ,over
Woody Vine Stratum (Plot size: 30' )
1 Lonicera japonica 20 Y FAC
2.
3.
4 Hydrophytic
Vegetation
5. Present? Yes= No �✓
20 = Total Cover
Remarks: (Include photo numbers here or on a separate sheet.)
US Army Corps of Engineers Eastern Mountains and Piedmont - Version 2.0
Absolute Dominant Indicator
Dominance Test worksheet:
Tree Stratum (Plot size: 30' )
% Cover Species? Status
Number of Dominant Species
1 Quercus alba
25 Y FACU
That Are OBL, FACW, or FAC: 1 (A)
2 Liriodendron tulipifera
20 Y FACU
Total Number of Dominant
3. Ulmus alata
15 Y FACU
10
Species Across All Strata: (B)
4.
Percent of Dominant Species
5.
That Are CBL, FACW, or FAC: 10% (A/B)
6.
Prevalence Index worksheet:
7.
60 = Total Cover
Total % Cover of: Multiply by:
Sapling Stratum (Plot size: 15'
)
OBL species x 1 =
1 Liriodendron tulipifera
20 Y FACU
FACW species x 2 =
2 Ulmus alata
15 Y FACU
FAC species x 3 =
3 Quercus alba
10 Y FACU
FACU species x 4 =
4.
UPL species x 5 =
5.
Column Totals: (A) (B)
6.
Prevalence Index = B/A =
7.
Hydrophytic Vegetation Indicators:
45
15'
= Total Cover
01 -Rapid Test for Hydrophytic Vegetation
Shrub Stratum (Plot size:
)
1 Elaeagnus angustifolia
45 Y FACU
02 - Dominance Test is >50%
2 Rosa multiflora
15 Y FACU
Q3 - Prevalence Index is 153.01
Q4 Morphological Adaptations'
3
- (Provide supporting
4.
data in Remarks or on a separate sheet)
5.
Problematic Hydrophytic Vegetation' (Explain)
6.
'Indicators of hydric soil and wetland hydrology must
7.
be present, unless disturbed or problematic.
5'
=
60 Total Cover)
Definitions of Five Vegetation Strata:
Herb Stratum (Plot size:
1 Polystichum acrostichoides
35 Y FACU
Tree - Woody plants, excluding woody vines,
2
approximately 20 ft (6 m) or more in height and 3 in.
(7.6 cm) or larger in diameter at breast height (DBH).
3.
4
Sapling - Woody plants, excluding woody vines,
approximately 20 ft (6 m) or more in height and less
5•
than 3 in. (7.6 cm) DBH.
6.
Shrub - Woody plants, excluding woody vines,
7.
approximately 3 to 20 ft (1 to 6 m) in height.
8.
9
Herb - All herbaceous (non -woody) plants, including
herbaceous vines, regardless of size, and woody
10.
plants, except woody vines, less than approximately 3
11
ft (1 m) in height.
12.
Woody vine - All woody vines, regardless of height.
�- = i oiai ,over
Woody Vine Stratum (Plot size: 30' )
1 Lonicera japonica 20 Y FAC
2.
3.
4 Hydrophytic
Vegetation
5. Present? Yes= No �✓
20 = Total Cover
Remarks: (Include photo numbers here or on a separate sheet.)
US Army Corps of Engineers Eastern Mountains and Piedmont - Version 2.0

SOIL
Sampling Point: Upland DP1
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) % Type' Loc Texture Remarks
0-12 7.5YR 6/8 100 - - - - Clay
'Type: C=Concentration, D=De letion,
Hydric Soil Indicators:
=Histosol (A1)
=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) (LRR N,
MLRA 147, 148)
=Sandy Gleyed Matrix (S4)
=Sandy Redox (S5)
=Stripped Matrix (S6)
Restrictive Layer (if observed):
Type:
Depth (inches):
Remarks:
RM=Reduced
MS=Masked Sand Grains. 2Location: PL=Pore Lining, M=Matrix.
Indicators for Problematic Hydric Sc
=Dark Surface (S7)
=2 cm Muck (A10) (MLRA 147)
=Polyvalue Below Surface (S8) (MLRA 147, 148)
=Coast Prairie Redox (A16)
=Thin Dark Surface (S9) (MLRA 147, 148)
(MLRA 147, 148)
=Loamy Gleyed Matrix (F2)
=Piedmont Floodplain Soils (F19)
=Depleted Matrix (F3)
=Redox Dark Surface (F6)
(MLRA 136, 147)
=Very Shallow Dark Surface (TF12)
=Depleted Dark Surface (F7)
=Other (Explain in Remarks)
=Redox Depressions (F8)
=Iron -Manganese Masses (F12) (LRR N,
MLRA 136)
=Umbric Surface (F13) (MLRA 136, 122)
=Piedmont Floodplain Soils (F19) (MLRA 148)
Red Parent Material (F21) (MLRA 127, 147)
3Indicators of hydrophytic vegetation and
wetland hydrology must be present,
unless disturbed or problematic.
Hydric Soil Present? Yes= No a✓
US Army Corps of Engineers Eastern Mountains and Piedmont — Version 2.0

NC SAM FIELD ASSESSMENT RESULTS
ies user manual version z.i
USACE AID #: NCDWR #:
INSTRUCTIONS: Attach a sketch of the assessment area and photographs. Attach a copy of the USGS 7.5 -minute topographic quadrangle,
and circle the location of the stream reach under evaluation. If multiple stream reaches will be evaluated on the same property, identify and
number all reaches on the attached map, and include a separate form for each reach. See the NC SAM User Manual for detailed descriptions
and explanations of requested information. Record in the "Notes/Sketch" section if supplementary measurements were performed. See the
NC SAM User Manual for examples of additional measurements that may be relevant.
NOTE EVIDENCE OF STRESSORS AFFECTING THE ASSESSMENT AREA (do not need to be within the assessment area).
PROJECT/SITE INFORMATION:
1. Project name (if any): Summers Walk 2. Date of evaluation: 09/20/18
3. Applicant/owner name: MREC - Tom Clement 4. Assessor name/organization: Daniel Kuefler - WEPG
5. County: Cabarrus 6. Nearest named water body
7. River basin: Yadkin-PeeDee on USGS 7.5 -minute quad: Rocky River
8. Site coordinates (decimal degrees, at lower end of assessment reach): 35.4548, -80.7688
STREAM INFORMATION: (depth and width can be approximations)
9. Site number (show on attached map): Stream A 10. Length of assessment reach evaluated (feet): 100
11. Channel depth from bed (in riffle, if present) to top of bank (feet): 2 ❑Unable to assess channel depth.
12. Channel width at top of bank (feet): 4 13. Is assessment reach a swamp steam? ❑Yes ❑No
14. Feature type: ®Perennial flow ❑Intermittent flow ❑Tidal Marsh Stream
STREAM CATEGORY INFORMATION:
15. NC SAM Zone: ❑ Mountains (M) ® Piedmont (P) ❑ Inner Coastal Plain (1) ❑ Outer Coastal Plain (0)
16. Estimated geomorphic ®A\1 l EIB
shape (skip for
Tidal Marsh Stream): (more sinuous stream, flatter valley slope) (less sinuous stream, steeper valley slope)
17. Watershed size: (skip ❑Size 1 (< 0.1 mil) ®Size 2 (0.1 to < 0.5 mit) ❑Size 3 (0.5 to < 5 mit) ❑Size 4 (>_ 5 mit)
for Tidal Marsh Stream)
ADDITIONAL INFORMATION:
18. Were regulatory considerations evaluated? ®Yes ❑No If Yes, check all that apply to the assessment area.
❑Section 10 water ❑Classified Trout Waters []Water Supply Watershed (❑I ❑II ❑III ❑IV ❑V)
❑Essential Fish Habitat ❑Primary Nursery Area ❑ High Quality Waters/Outstanding Resource Waters
❑Publicly owned property ❑NCDWR Riparian buffer rule in effect ❑Nutrient Sensitive Waters
❑Anadromous fish ❑303(d) List ❑CAMA Area of Environmental Concern (AEC)
❑Documented presence of a federal and/or state listed protected species within the assessment area.
List species:
❑Designated Critical Habitat (list species)
19. Are additional stream information/supplementary measurements included in "Notes/Sketch" section or attached? ®Yes ❑No
1. Channel Water - assessment reach metric (skip for Size 1 streams and Tidal Marsh Streams)
®A Water throughout assessment reach.
❑B No flow, water in pools only.
❑C No water in assessment reach.
2. Evidence of Flow Restriction - assessment reach metric
❑A At least 10% of assessment reach in -stream habitat or riffle -pool sequence is severely affected by a flow restriction or fill to the
point of obstructing flow or a channel choked with aquatic macrophytes or ponded water or impoundment on flood or ebb within
the assessment reach (examples: undersized or perched culverts, causeways that constrict the channel, tidal gates, debris jams,
beaver dams).
®B Not
3. Feature Pattern - assessment reach metric
❑A A majority of the assessment reach has altered pattern (examples: straightening, modification above or below culvert).
®B Not A
4. Feature Longitudinal Profile - assessment reach metric
❑A Majority of assessment reach has a substantially altered stream profile (examples: channel down -cutting, existing damming, over
widening, active aggradation, dredging, and excavation where appropriate channel profile has not reformed from any of these
disturbances).
®B Not
5. Signs of Active Instability - assessment reach metric
Consider only current instability, not past events from which the stream has currently recovered. Examples of instability include
active bank failure, active channel down -cutting (head -cut), active widening, and artificial hardening (such as concrete, gabion, rip -rap).
®A < 10% of channel unstable
❑B 10 to 25% of channel unstable
❑C > 25% of channel unstable

6. Streamside Area Interaction — streamside area metric
Consider for the Left Bank (LB) and the Right Bank (RB).
LB RB
®A ®A Little or no evidence of conditions that adversely affect reference interaction
❑B ❑B Moderate evidence of conditions (examples: berms, levees, down -cutting, aggradation, dredging) that adversely affect
reference interaction (examples: limited streamside area access, disruption of flood flows through streamside area, leaky
or intermittent bulkheads, causeways with floodplain constriction, minor ditching [including mosquito ditching])
❑C ❑C Extensive evidence of conditions that adversely affect reference interaction (little to no floodplain/intertidal zone access
[examples: causeways with floodplain and channel constriction, bulkheads, retaining walls, fill, stream incision, disruption
of flood flows through streamside area] or too much floodplain/intertidal zone access [examples: impoundments, intensive
mosquito ditching]) or floodplain/intertidal zone unnaturally absent or assessment reach is a man-made feature on an
interstream divide
7. Water Quality Stressors — assessment reach/intertidal zone metric
Check all that apply.
❑A Discolored water in stream or intertidal zone (milky white, blue, unnatural water discoloration, oil sheen, stream foam)
❑B Excessive sedimentation (burying of stream features or intertidal zone)
❑C Noticeable evidence of pollutant discharges entering the assessment reach and causing a water quality problem
❑D Odor (not including natural sulfide odors)
❑E Current published or collected data indicating degraded water quality in the assessment reach. Cite source in "Notes/Sketch"
section.
❑F Livestock with access to stream or intertidal zone
❑G Excessive algae in stream or intertidal zone
❑H Degraded marsh vegetation in the intertidal zone (removal, burning, regular mowing, destruction, etc)
❑I Other: (explain in "Notes/Sketch" section)
®J Little to no stressors
8. Recent Weather — watershed metric (skip for Tidal Marsh Streams)
For Size 1 or 2 streams, D1 drought or higher is considered a drought; for Size 3 or 4 streams, D2 drought or higher is considered a drought.
❑A Drought conditions and no rainfall or rainfall not exceeding 1 inch within the last 48 hours
❑B Drought conditions and rainfall exceeding 1 inch within the last 48 hours
®C No drought conditions
9. Large or Dangerous Stream — assessment reach metric
❑Yes ®No Is stream is too large or dangerous to assess? If Yes, skip to Metric 13 (Streamside Area Ground Surface Condition).
10. Natural In -stream Habitat Types —assessment reach metric
10a. ❑Yes
®No Degraded in -stream habitat over majority of the assessment reach (examples of stressors include excessive
sedimentation, mining, excavation, in -stream hardening
[for example, rip -rap], recent dredging, and snagging)
(evaluate for Size 4 Coastal Plain streams only, then skip to Metric 12)
10b. Check all that occur (occurs if > 5% coverage of assessment reach)
(skip for Size 4 Coastal Plain streams)
❑A
Multiple aquatic macrophytes and aquatic mosses @ W
❑F 5% oysters or other natural hard bottoms
(include liverworts, lichens, and algal mats) m
❑G Submerged aquatic vegetation
❑B
Multiple sticks and/or leaf packs and/or emergent
❑H Low -tide refugia (pools)
vegetation Y LC
❑1 Sand bottom
❑C
Multiple snags and logs (including lap trees) L
❑J 5% vertical bank along the marsh
®D
5% undercut banks and/or root mats and/or roots
❑K Little or no habitat
in banks extend to the normal wetted perimeter
❑E
Little or no habitat
*********************************REMAINING QUESTIONS ARE NOT APPLICABLE FOR TIDAL MARSH STREAMS****************************
11. Bedform and Substrate —assessment reach metric (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams)
11a. ❑Yes ®No Is assessment reach in a natural sand -bed stream? (skip for Coastal Plain streams)
11 b. Bedform evaluated. Check the appropriate box(es).
®A Riffle -run section (evaluate 11c)
❑B Pool -glide section (evaluate 11 d)
❑C Natural bedform absent (skip to Metric 12, Aquatic Life)
11 c. In riffle sections, check all that occur below the normal wetted perimeter of the assessment reach — whether or not submerged. Check
at least one box in each row (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams). Not Present (NP) = absent, Rare
(R) = present but < 10%, Common (C) _ > 10-40%, Abundant (A) _ > 40-70%, Predominant (P) _ > 70%. Cumulative percentages
should not exceed 100% for each assessment reach.
NP R C A P
® ❑ ❑ ❑ ❑ Bedrock/saprolite
❑ ® ❑ ❑ ❑ Boulder (256 — 4096 mm)
❑ ❑ ® ❑ ❑ Cobble (64 — 256 mm)
❑ ❑ ® ❑ ❑ Gravel (2 — 64 mm)
❑ ❑ ® ❑ ❑ Sand (.062 — 2 mm)
❑ ❑ ® ❑ ❑ Silt/clay (< 0.062 mm)
❑ ® ❑ ❑ ❑ Detritus
® ❑ ❑ ❑ ❑ Artificial (rip -rap, concrete, etc.)
11d. ®Yes ❑No Are pools filled with sediment? (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams)

12. Aquatic Life — assessment reach metric (skip for Tidal Marsh Streams)
12a. ®Yes ❑No Was an in -stream aquatic life assessment performed as described in the User Manual?
If No, select one of the following reasons and skip to Metric 13. ❑No Water ❑Other:
12b. ®Yes ❑No Are aquatic organisms present in the assessment reach (look in riffles, pools, then snags)? If Yes, check all that
apply. If No, skip to Metric 13.
1 >1 Numbers over columns refer to "individuals" for Size 1 and 2 streams and "taxa" for Size 3 and 4 streams.
® ❑Adult frogs
❑ ❑Aquatic reptiles
❑ ❑Aquatic macrophytes and aquatic mosses (include liverworts, lichens, and algal mats)
❑ ❑Beetles
❑ ❑Caddisfly larvae (T)
❑ ❑Asian clam (Corbicula)
® ❑Crustacean (isopod/amphipod/crayfish/shrimp)
❑ ❑Damselfly and dragonfly larvae
❑ ❑Dipterans
❑ ❑Mayfly larvae (E)
❑ ❑Megaloptera (alder -fly, fishfly, dobsonfly larvae)
❑ ❑Midges/mosquito larvae
❑ ❑Mosquito fish (Gambusia) or mud minnows (Umbra pygmaea)
❑ ❑Mussels/Clams (not Corbicula)
❑ ❑Other fish
❑ ❑Salamanders/tadpoles
❑ ❑Snails
❑ ❑Stonefly larvae (P)
❑ ❑Tipulid larvae
❑ ❑Worms/leeches
13. Streamside Area Ground Surface Condition — streamside area metric (skip for Tidal Marsh Streams and B valley types)
Consider for the Left Bank (LB) and the Right Bank (RB). Consider storage capacity with regard to both overbank flow and upland runoff.
LB RB
❑A ®A Little or no alteration to water storage capacity over a majority of the streamside area
®B ❑B Moderate alteration to water storage capacity over a majority of the streamside area
❑C ❑C Severe alteration to water storage capacity over a majority of the streamside area (examples: ditches, fill, soil compaction,
livestock disturbance, buildings, man-made levees, drainage pipes)
14. Streamside Area Water Storage — streamside area metric (skip for Size 1 streams, Tidal Marsh Streams, and B valley types)
Consider for the Left Bank (LB) and the Right Bank (RB) of the streamside area.
LB RB
❑A ❑A Majority of streamside area with depressions able to pond water >_ 6 inches deep
❑B ®B Majority of streamside area with depressions able to pond water 3 to 6 inches deep
®C ❑C Majority of streamside area with depressions able to pond water < 3 inches deep
15. Wetland Presence — streamside area metric (skip for Tidal Marsh Streams)
Consider for the Left Bank (LB) and the Right Bank (RB). Do not consider wetlands outside of the streamside area or within the normal
wetted perimeter of assessment reach.
LB RB
❑Y ❑Y Are wetlands present in the streamside area?
ON ON
16. Baseflow Contributors — assessment reach metric (skip for Size 4 streams and Tidal Marsh Streams)
Check all contributors within the assessment reach or within view of and draining to the assessment reach.
®A Streams and/or springs (jurisdictional discharges)
❑B Ponds (include wet detention basins; do not include sediment basins or dry detention basins)
❑C Obstruction passing flow during low -flow periods within the assessment area (beaver dam, leaky dam, bottom -release dam, weir)
❑D Evidence of bank seepage or sweating (iron in water indicates seepage)
❑E Stream bed or bank soil reduced (dig through deposited sediment if present)
❑F None of the above
17. Baseflow Detractors — assessment area metric (skip for Tidal Marsh Streams)
Check all that apply.
❑A Evidence of substantial water withdrawals from the assessment reach (includes areas excavated for pump installation)
❑B Obstruction not passing flow during low -flow periods affecting the assessment reach (ex: watertight dam, sediment deposit)
❑C Urban stream (>_ 24% impervious surface for watershed)
®D Evidence that the streamside area has been modified resulting in accelerated drainage into the assessment reach
❑E Assessment reach relocated to valley edge
❑F None of the above
18. Shading — assessment reach metric (skip for Tidal Marsh Streams)
Consider aspect. Consider "leaf -on" condition.
®A Stream shading is appropriate for stream category (may include gaps associated with natural processes)
❑B Degraded (example: scattered trees)
❑C Stream shading is gone or largely absent

19. Buffer Width — streamside area metric (skip for Tidal Marsh Streams)
Consider "vegetated buffer" and "wooded buffer" separately for left bank (LB) and right bank (RB) starting at the top of bank out
to the first break.
Vegetated Wooded
LB RB LB RB
®A ®A ®A ®A >_ 100 feet wide or extends to the edge of the watershed
❑B ❑B ❑B ❑B From 50 to < 100 feet wide
❑C ❑C ❑C ❑C From 30 to < 50 feet wide
❑D ❑D ❑D ❑D From 10 to < 30 feet wide
❑E ❑E ❑E ❑E < 10 feet wide or no trees
20. Buffer Structure — streamside area metric (skip for Tidal Marsh Streams)
Consider for left bank (LB) and right bank (RB) for Metric 19 ("Vegetated" Buffer Width).
LB RB
❑A ®A Mature forest
®B ❑B Non -mature woody vegetation or modified vegetation structure
❑C ❑C Herbaceous vegetation with or without a strip of trees < 10 feet wide
❑D n Maintained shrubs
❑E ❑E Little or no vegetation
21. Buffer Stressors — streamside area metric (skip for Tidal Marsh Streams)
Check all appropriate boxes for left bank (LB) and right bank (RB). Indicate if listed stressor abuts stream (Abuts), does not abut but is
within 30 feet of stream (< 30 feet), or is between 30 to 50 feet of stream (30-50 feet).
If none of the following stressors occurs on either bank, check here and skip to Metric 22:
Abuts < 30 feet 30-50 feet
LB RB LB RB LB RB
❑A ❑A ❑A ❑A ❑A ❑A Row crops
❑B ❑B ❑B ❑B ❑B ❑B Maintained turf
❑C ❑C ❑C ❑C ❑C ❑C Pasture (no livestock)/commercial horticulture
❑D ❑D ❑D ❑D ❑D ❑D Pasture (active livestock use)
22. Stem Density — streamside area metric (skip for Tidal Marsh Streams)
Consider for left bank (LB) and right bank (RB) for Metric 19 ("Wooded" Buffer Width).
LB RB
®A ®A Medium to high stem density
❑B ❑B Low stem density
❑C ❑C No wooded riparian buffer or predominantly herbaceous species or bare ground
23. Continuity of Vegetated Buffer — streamside area metric (skip for Tidal Marsh Streams)
Consider whether vegetated buffer is continuous along stream (parallel). Breaks are areas lacking vegetation > 10 feet wide.
LB RB
®A ®A The total length of buffer breaks is < 25 percent.
❑B ❑B The total length of buffer breaks is between 25 and 50 percent.
❑C ❑C The total length of buffer breaks is > 50 percent.
24. Vegetative Composition — streamside area metric (skip for Tidal Marsh Streams)
Evaluate the dominant vegetation within 100 feet of each bank or to the edge of the watershed (whichever comes first) as it contributes to
assessment reach habitat.
LB RB
®A ®A Vegetation is close to undisturbed in species present and their proportions. Lower strata composed of native species,
with non-native invasive species absent or sparse.
❑B ❑B Vegetation indicates disturbance in terms of species diversity or proportions, but is still largely composed of native
species. This may include communities of weedy native species that develop after clear -cutting or clearing or
communities with non-native invasive species present, but not dominant, over a large portion of the expected strata or
communities missing understory but retaining canopy trees.
❑C ❑C Vegetation is severely disturbed in terms of species diversity or proportions. Mature canopy is absent or communities
with non-native invasive species dominant over a large portion of expected strata or communities composed of planted
stands of non -characteristic species or communities inappropriately composed of a single species or no vegetation.
25. Conductivity — assessment reach metric (skip for all Coastal Plain streams)
25a. ❑Yes ®No Was conductivity measurement recorded?
If No, select one of the following reasons. ❑No Water ❑Other:
25b. Check the box corresponding to the conductivity measurement (units of microsiemens per centimeter).
❑A < 46 ❑B 46 to < 67 ❑C 67 to < 79 ❑D 79 to < 230 ❑E >_ 230
Notes/Sketch:
Rainfall <24 hrs prior. Some evidence of sedimentation and canopy/buffer gaps along LB due to land clearing activities.

Stream Site Name Summers Walk
Stream Category Pat
Draft NC SAM Stream Rating Sheet
Accompanies User Manual Version 2.1
Date of Assessment 09/20/18
Assessor Name/Organization Daniel Kuefler - WEPG
Notes of Field Assessment Form (Y/N) YES
Presence of regulatory considerations (Y/N) NO
Additional stream information/supplementary measurements included (Y/N) YES
NC SAM feature type (perennial, intermittent, Tidal Marsh Stream) Perennial
Function Class Rating Summary
USACE/ NCDWR
All Streams Intermittent
(1) Hydrology
HIGH
(2) Baseflow
MEDIUM
(2) Flood Flow
HIGH
(3) Streamside Area Attenuation
HIGH
(4) Floodplain Access
HIGH
(4) Wooded Riparian Buffer
HIGH
(4) Microtopography
LOW
(3) Stream Stability
HIGH
(4) Channel Stability
HIGH
(4) Sediment Transport
MEDIUM
(4) Stream Geomorphology
HIGH
(2) Stream/Intertidal Zone Interaction
NA
(2) Longitudinal Tidal Flow
NA
(2) Tidal Marsh Stream Stability
NA
(3) Tidal Marsh Channel Stability
NA
(3) Tidal Marsh Stream Geomorphology
NA
(1) Water Quality
MEDIUM
(2) Baseflow
MEDIUM
(2) Streamside Area Vegetation
HIGH
(3) Upland Pollutant Filtration
HIGH
(3) Thermoregulation
HIGH I
(2) Indicators of Stressors
NO
(2) Aquatic Life Tolerance
LOW
(2) Intertidal Zone Filtration
NA
(1) Habitat
LOW
(2) In -stream Habitat
LOW
(3) Baseflow
MEDIUM
(3) Substrate
MEDIUM
(3) Stream Stability
HIGH
(3) In -stream Habitat
LOW
(2) Stream -side Habitat
HIGH
(3) Stream -side Habitat
HIGH
(3) Thermoregulation
HIGH
(2) Tidal Marsh In -stream Habitat
NAa
(3) Flow Restriction
NA
(3) Tidal Marsh Stream Stability
NA
(4) Tidal Marsh Channel Stability
NA
(4) Tidal Marsh Stream Geomorphology
NA
(3) Tidal Marsh In -stream Habitat
NA
(2) Intertidal Zone
NA
Overall
MEDIUM

NC WAM FIELD ASSESSMENT FORM
Evidence of stressors affecting the assessment area (may not be within the assessment area)
Please circle and/or make note on the last page if evidence of stressors is apparent. Consider departure from reference, if appropriate, in
recent past (for instance, within 10 years). Noteworthy stressors include, but are not limited to the following.
• Hydrological modifications (examples: ditches, dams, beaver dams, dikes, berms, ponds, etc.)
• Surface and sub -surface discharges into the wetland (examples: discharges containing obvious pollutants, presence of nearby septic
tanks, underground storage tanks (USTs), hog lagoons, etc.)
• Signs of vegetation stress (examples: vegetation mortality, insect damage, disease, storm damage, salt intrusion, etc.)
• Habitat/plant community alteration (examples: mowing, clear -cutting, exotics, etc.)
Is the assessment area intensively managed? ❑ Yes ® No
Regulatory Considerations -Were regulatory considerations evaluated? ®Yes ❑No If Yes, check all that apply to the assessment area.
❑ Anadromous fish
❑ Federally protected species or State endangered or threatened species
❑ NCDWR riparian buffer rule in effect
❑ Abuts a Primary Nursery Area (PNA)
❑ Publicly owned property
❑ N.C. Division of Coastal Management Area of Environmental Concern (AEC) (including buffer)
❑ Abuts a stream with a NCDWQ classification of SA or supplemental classifications of HQW, ORW, or Trout
❑ Designated NCNHP reference community
❑ Abuts a 303(d) -listed stream or a tributary to a 303(d) -listed stream
What type of natural stream is associated with the wetland, if any? (check all that apply)
❑ Blackwater
® Brownwater
❑ Tidal (if tidal, check one of the following boxes) ❑ Lunar ❑ Wind ❑ Both
Is the assessment area on a coastal island? ❑ Yes ® No
Is the assessment area's surface water storage capacity or duration substantially altered by beaver? ❑ Yes ® No
Does the assessment area experience overbank flooding during normal rainfall conditions? ® Yes ❑ No
1. Ground Surface Condition/Vegetation Condition — assessment area condition metric
Check a box in each column. Consider alteration to the ground surface (GS) in the assessment area and vegetation structure (VS) in the
assessment area. Compare to reference wetland if applicable (see User Manual). If a reference is not applicable, then rate the assessment
area based on evidence an effect.
GS VS
®A ❑A Not severely altered
❑B ®B Severely altered over a majority of the assessment area (ground surface alteration examples: vehicle tracks, excessive
sedimentation, fire -plow lanes, skidder tracks, bedding, fill, soil compaction, obvious pollutants) (vegetation structure
alteration examples: mechanical disturbance, herbicides, salt intrusion [where appropriate], exotic species, grazing, less
diversity [if appropriate], hydrologic alteration)
2. Surface and Sub -Surface Storage Capacity and Duration — assessment area condition metric
Check a box in each column. Consider surface storage capacity and duration (Surf) and sub -surface storage capacity and duration (Sub).
Consider both increase and decrease in hydrology. A ditch <_ 1 foot deep is considered to affect surface water only, while a ditch > 1 foot
deep is expected to affect both surface and sub -surface water. Consider tidal flooding regime, if applicable.
Surf Sub
❑A ®A Water storage capacity and duration are not altered.
®B ❑B Water storage capacity or duration are altered, but not substantially (typically, not sufficient to change vegetation).
❑C ❑C Water storage capacity or duration are substantially altered (typically, alteration sufficient to result in vegetation change)
(examples: draining, flooding, soil compaction, filling, excessive sedimentation, underground utility lines).
3. Water Storage/Surface Relief — assessment area/wetland type condition metric (skip for all marshes)
Check a box in each column. Select the appropriate storage for the assessment area (AA) and the wetland type (WT).
AA WT
3a. ❑A ❑A Majority of wetland with depressions able to pond water > 1 deep
❑B ❑B Majority of wetland with depressions able to pond water 6 inches to 1 foot deep
❑C ❑C Majority of wetland with depressions able to pond water 3 to 6 inches deep
®D ®D Depressions able to pond water < 3 inches deep
3b. ❑A Evidence that maximum depth of inundation is greater than 2 feet
❑B Evidence that maximum depth of inundation is between 1 and 2 feet
®C Evidence that maximum depth of inundation is less than 1 foot
Accompanies user manual version o.0
USACE AID #
NCDWR#
Project Name
Summers Walk
Date of Evaluation
9/20/18
Applicant/Owner Name
MREC - Tom Clement
Wetland Site Name
Wetland L
Wetland Type
Riverine Swamp Forest
Assessor Name/Organization
Daniel Kuefler - WEPG
Level III Ecoregion
Piedmont
Nearest Named Water Body
Rocky River
River Basin
Yadkin-PeeDee
USGS 8 -Digit Catalogue Unit
03040105
County
Mecklenburg
NCDWR Region
Mooresville
M Yes F-1 No
Precipitation within 48 hrs?
Latitude/Longitude (deci-deqrees)
35.4548, -80.7688
Evidence of stressors affecting the assessment area (may not be within the assessment area)
Please circle and/or make note on the last page if evidence of stressors is apparent. Consider departure from reference, if appropriate, in
recent past (for instance, within 10 years). Noteworthy stressors include, but are not limited to the following.
• Hydrological modifications (examples: ditches, dams, beaver dams, dikes, berms, ponds, etc.)
• Surface and sub -surface discharges into the wetland (examples: discharges containing obvious pollutants, presence of nearby septic
tanks, underground storage tanks (USTs), hog lagoons, etc.)
• Signs of vegetation stress (examples: vegetation mortality, insect damage, disease, storm damage, salt intrusion, etc.)
• Habitat/plant community alteration (examples: mowing, clear -cutting, exotics, etc.)
Is the assessment area intensively managed? ❑ Yes ® No
Regulatory Considerations -Were regulatory considerations evaluated? ®Yes ❑No If Yes, check all that apply to the assessment area.
❑ Anadromous fish
❑ Federally protected species or State endangered or threatened species
❑ NCDWR riparian buffer rule in effect
❑ Abuts a Primary Nursery Area (PNA)
❑ Publicly owned property
❑ N.C. Division of Coastal Management Area of Environmental Concern (AEC) (including buffer)
❑ Abuts a stream with a NCDWQ classification of SA or supplemental classifications of HQW, ORW, or Trout
❑ Designated NCNHP reference community
❑ Abuts a 303(d) -listed stream or a tributary to a 303(d) -listed stream
What type of natural stream is associated with the wetland, if any? (check all that apply)
❑ Blackwater
® Brownwater
❑ Tidal (if tidal, check one of the following boxes) ❑ Lunar ❑ Wind ❑ Both
Is the assessment area on a coastal island? ❑ Yes ® No
Is the assessment area's surface water storage capacity or duration substantially altered by beaver? ❑ Yes ® No
Does the assessment area experience overbank flooding during normal rainfall conditions? ® Yes ❑ No
1. Ground Surface Condition/Vegetation Condition — assessment area condition metric
Check a box in each column. Consider alteration to the ground surface (GS) in the assessment area and vegetation structure (VS) in the
assessment area. Compare to reference wetland if applicable (see User Manual). If a reference is not applicable, then rate the assessment
area based on evidence an effect.
GS VS
®A ❑A Not severely altered
❑B ®B Severely altered over a majority of the assessment area (ground surface alteration examples: vehicle tracks, excessive
sedimentation, fire -plow lanes, skidder tracks, bedding, fill, soil compaction, obvious pollutants) (vegetation structure
alteration examples: mechanical disturbance, herbicides, salt intrusion [where appropriate], exotic species, grazing, less
diversity [if appropriate], hydrologic alteration)
2. Surface and Sub -Surface Storage Capacity and Duration — assessment area condition metric
Check a box in each column. Consider surface storage capacity and duration (Surf) and sub -surface storage capacity and duration (Sub).
Consider both increase and decrease in hydrology. A ditch <_ 1 foot deep is considered to affect surface water only, while a ditch > 1 foot
deep is expected to affect both surface and sub -surface water. Consider tidal flooding regime, if applicable.
Surf Sub
❑A ®A Water storage capacity and duration are not altered.
®B ❑B Water storage capacity or duration are altered, but not substantially (typically, not sufficient to change vegetation).
❑C ❑C Water storage capacity or duration are substantially altered (typically, alteration sufficient to result in vegetation change)
(examples: draining, flooding, soil compaction, filling, excessive sedimentation, underground utility lines).
3. Water Storage/Surface Relief — assessment area/wetland type condition metric (skip for all marshes)
Check a box in each column. Select the appropriate storage for the assessment area (AA) and the wetland type (WT).
AA WT
3a. ❑A ❑A Majority of wetland with depressions able to pond water > 1 deep
❑B ❑B Majority of wetland with depressions able to pond water 6 inches to 1 foot deep
❑C ❑C Majority of wetland with depressions able to pond water 3 to 6 inches deep
®D ®D Depressions able to pond water < 3 inches deep
3b. ❑A Evidence that maximum depth of inundation is greater than 2 feet
❑B Evidence that maximum depth of inundation is between 1 and 2 feet
®C Evidence that maximum depth of inundation is less than 1 foot

4. Soil Texture/Structure - assessment area condition metric (skip for all marshes)
Check a box from each of the three soil property groups below. Dig soil profile in the dominant assessment area landscape feature.
Make soil observations within the top 12 inches. Use most recent National Technical Committee for Hydric Soils guidance for regional
indicators.
4a. ❑A Sandy soil
®B Loamy or clayey soils exhibiting redoximorphic features (concentrations, depletions, or rhizospheres)
❑C Loamy or clayey soils not exhibiting redoximorphic features
❑D Loamy or clayey gleyed soil
❑E Histosol or histic epipedon
4b. ❑A Soil ribbon < 1 inch
®B Soil ribbon >_ 1 inch
4c. ❑A No peat or muck presence
®B A peat or muck presence
5. Discharge into Wetland - opportunity metric
Check a box in each column. Consider surface pollutants or discharges (Surf) and sub -surface pollutants or discharges (Sub). Examples
of sub -surface discharges include presence of nearby septic tank, underground storage tank (UST), etc.
Surf Sub
®A ®A Little or no evidence of pollutants or discharges entering the assessment area
❑B ❑B Noticeable evidence of pollutants or discharges entering the wetland and stressing, but not overwhelming the
treatment capacity of the assessment area
❑C ❑C Noticeable evidence of pollutants or discharges (pathogen, particulate, or soluble) entering the assessment area and
potentially overwhelming the treatment capacity of the wetland (water discoloration, dead vegetation, excessive
sedimentation, odor)
6. Land Use - opportunity metric (skip for non -riparian wetlands)
Check all that apply (at least one box in each column). Evaluation involves a GIS effort with field adjustment. Consider sources draining
to assessment area within entire upstream watershed (WS), within 5 miles and within the watershed draining to the assessment area (5M),
and within 2 miles and within the watershed draining to the assessment area (2M).
WS 5M 2M
®A ❑A ❑A > 10% impervious surfaces
❑B ❑B ❑B Confined animal operations (or other local, concentrated source of pollutants
❑C ❑C ❑C >- 20% coverage of pasture
❑D ❑D ❑D >_ 20% coverage of agricultural land (regularly plowed land)
❑E 0 ❑E >_ 20% coverage of maintained grass/herb
❑F ❑F ❑F >_ 20% coverage of clear-cut land
❑G ®G ®G Little or no opportunity to improve water quality. Lack of opportunity may result from little or no disturbance in
the watershed or hydrologic alterations that prevent drainage and/or overbank flow from affecting the
assessment area.
7. Wetland Acting as Vegetated Buffer -assessment area/wetland complex condition metric (skip for non -riparian wetlands)
7a. Is assessment area within 50 feet of a tributary or other open water?
®Yes ❑No If Yes, continue to 7b. If No, skip to Metric 8.
Wetland buffer need only be present on one side of the water body. Make buffer judgment based on the average width of wetland.
Record a note if a portion of the buffer has been removed or disturbed.
7b. How much of the first 50 feet from the bank is wetland? (Wetland buffer need only be present on one side of the .water body. Make
buffer judgment based on the average width of wetland. Record a note if a portion of the buffer has been removed or disturbed.)
❑A >- 50 feet
❑B From 30 to < 50 feet
®C From 15 to < 30 feet
❑D From 5 to < 15 feet
❑E < 5 feet or buffer bypassed by ditches
7c. Tributary width. If the tributary is anastomosed, combine widths of channels/braids for a total width.
®<- 15 -feet wide ❑> 15 -feet wide ❑ Other open water (no tributary present)
7d. Do roots of assessment area vegetation extend into the bank of the tributary/open water?
®Yes ❑No
7e. Is stream or other open water sheltered or exposed?
®Sheltered - adjacent open water with width < 2500 feet and no regular boat traffic.
❑Exposed - adjacent open water with width >- 2500 feet or regular boat traffic.
8. Wetland Width at the Assessment Area - wetland type/wetland complex condition metric (evaluate WT for all marshes and
Estuarine Woody Wetland only; evaluate WC for Bottomland Hardwood Forest, Headwater Forest, and Riverine Swamp Forest
only)
Check a box in each column for riverine wetlands only. Select the average width for the wetland type at the assessment area (WT) and
the wetland complex at the assessment area (WC). See User Manual for WT and WC boundaries.
WT WC
❑A ❑A >- 100 feet
❑B ❑B From 80 to < 100 feet
❑C ❑C From 50 to < 80 feet
❑D ❑D From 40 to < 50 feet
®E ®E From 30 to < 40 feet
❑F ❑F From 15 to < 30 feet
❑G n From 5 to < 15 feet
❑H ❑H < 5 feet

9. Inundation Duration — assessment area condition metric (skip for non -riparian wetlands)
Answer for assessment area dominant landform.
®A Evidence of short -duration inundation (< 7 consecutive days)
❑B Evidence of saturation, without evidence of inundation
❑C Evidence of long -duration inundation or very long -duration inundation (7 to 30 consecutive days or more)
10. Indicators of Deposition — assessment area condition metric (skip for non -riparian wetlands and all marshes)
Consider recent deposition only (no plant growth since deposition).
®A Sediment deposition is not excessive, but at approximately natural levels.
❑B Sediment deposition is excessive, but not overwhelming the wetland.
❑C Sediment deposition is excessive and is overwhelming the wetland.
11. Wetland Size — wetland type/wetland complex condition metric
Check a box in each column. Involves a GIS effort with field adjustment. This metric evaluates three aspects of the wetland area: the
size of the wetland type (WT), the size of the wetland complex (WC), and the size of the forested wetland (FW) (if applicable, see User
Manual). See the User Manual for boundaries of these evaluation areas. If assessment area is clear-cut, select "K" for the FW column.
WT WC FW (if applicable)
❑A ❑A ❑A >_ 500 acres
❑B ❑B ❑B From 100 to < 500 acres
❑C ❑C ❑C From 50 to < 100 acres
❑D ❑D ❑D From 25 to < 50 acres
❑E ❑E R From 10 to < 25 acres
❑F ❑F ❑F From 5 to < 10 acres
❑G ❑G R From 1 to < 5 acres
❑H ❑H R From 0.5 to < 1 acre
01 ®I 01 From 0.1 to < 0.5 acre
❑J ❑J ❑J From 0.01 to < 0.1 acre
❑K ❑K ❑K < 0.01 acre or assessment area is clear-cut
12. Wetland Intactness — wetland type condition metric (evaluate for Pocosins only)
❑A Pocosin is the full extent (>_ 90%) of its natural landscape size.
❑B Pocosin type is < 90% of the full extent of its natural landscape size.
13. Connectivity to Other Natural Areas — landscape condition metric
13a. Check appropriate box(es) (a box may be checked in each column). Involves a GIS effort with field adjustment. This metric
evaluates whether the wetland is well connected (Well) and/or loosely connected (Loosely) to the landscape patch, the contiguous
naturally vegetated area and open water (if appropriate). Boundaries are formed by four -lane roads, regularly maintained utility line
corridors the width of a four -lane road or wider, urban landscapes, maintained fields (pasture and agriculture), or open water > 300
feet wide.
Well Loosely
❑A
❑A
>_ 500 acres
❑B
❑B
From 100 to < 500 acres
❑C
®C
From 50 to < 100 acres
®D
❑D
From 10 to < 50 acres
❑E
❑E
< 10 acres
❑F
❑F
Wetland type has a poor or no connection to other natural habitats
13b. Evaluate for marshes only.
❑Yes ❑No Wetland type has a surface hydrology connection to open waters/stream or tidal wetlands.
14. Edge Effect — wetland type condition metric (skip for all marshes and Estuarine Woody Wetland)
May involve a GIS effort with field adjustment. Estimate distance from wetland type boundary to artificial edges. Artificial edges include
non -forested areas _> 40 feet wide such as fields, development, roads, regularly maintained utility line corridors, and clear -cuts. Consider
the eight main points of the compass. Artificial edge occurs within 150 feet in how many directions? If the assessment area is clear cut,
select option "C."
❑A 0
®B 1 to 4
❑C 5to8
15. Vegetative Composition —assessment area condition metric (skip for all marshes and Pine Flat)
®A Vegetation is close to reference condition in species present and their proportions. Lower strata composed of appropriate
species, with exotic plants absent or sparse within the assessment area.
❑B Vegetation is different from reference condition in species diversity or proportions, but still largely composed of native species
characteristic of the wetland type. This may include communities of weedy native species that develop after clearcutting or clearing.
It also includes communities with exotics present, but not dominant, over a large portion of the expected strata.
❑C Vegetation severely altered from reference in composition, or expected species are unnaturally absent (planted stands of non -
characteristic species or at least one stratum inappropriately composed of a single species), or exotic species are dominant in at
least one stratum.
16. Vegetative Diversity — assessment area condition metric (evaluate for Non -tidal Freshwater Marsh only)
®A Vegetation diversity is high and is composed primarily of native species (< 10% cover of exotics).
❑B Vegetation diversity is low or has > 10% to 50% cover of exotics.
❑C Vegetation is dominated by exotic species (> 50 % cover of exotics).

17. Vegetative Structure — assessment area/wetland type condition metric
17a. Is vegetation present?
®Yes ❑No If Yes, continue to 17b. If No, skip to Metric 18.
17b. Evaluate percent coverage of assessment area vegetation for all marshes only. Skip to 17c for non -marsh wetlands.
❑A >_ 25% coverage of vegetation
❑B < 25% coverage of vegetation
17c. Check a box in each column for each stratum. Evaluate this portion of the metric for non -marsh wetlands. Consider
structure in airspace above the assessment area (AA) and the wetland type (WT) separately.
AA WT
T
o [JA ®A Canopy closed, or nearly closed, with natural gaps associated with natural processes
❑B ❑B Canopy present, but opened more than natural gaps
U ®C ❑C Canopy sparse or absent
T
o ❑A
❑A
Dense mid-story/sapling layer
Cn ❑B
®B
Moderate density mid-story/sapling layer
®C
❑C
Mid-story/sapling layer sparse or absent
❑A
❑A
Dense shrub layer
L ❑B
❑B
Moderate density shrub layer
Cn ®C
®C
Shrub layer sparse or absent
-c ❑A
❑A
Dense herb layer
_ ®B
®B
Moderate density herb layer
❑C
❑C
Herb layer sparse or absent
18. Snags — wetland type condition metric (skip for all marshes)
❑A Large snags (more than one) are visible (> 12 inches DBH, or large relative to species present and landscape stability).
®B Not A
19. Diameter Class Distribution — wetland type condition metric (skip for all marshes)
❑A Majority of canopy trees have stems > 6 inches in diameter at breast height (DBH); many large trees (> 12 inches DBH) are
present.
®B Majority of canopy trees have stems between 6 and 12 inches DBH, few are > 12 inch DBH.
❑C Majority of canopy trees are < 6 inches DBH or no trees.
20. Large Woody Debris — wetland type condition metric (skip for all marshes)
Include both natural debris and man -placed natural debris.
®A Large logs (more than one) are visible (> 12 inches in diameter, or large relative to species present and landscape stability).
❑B Not A
21. Vegetation/Open Water Dispersion — wetland type/open water condition metric (evaluate for Non -Tidal Freshwater Marsh only)
Select the figure that best describes the amount of interspersion between vegetation and open water in the growing season. Patterned
areas indicate vegetated areas, while solid white areas indicate open water.
❑A ❑B ❑C ❑D
22. Hydrologic Connectivity — assessment area condition metric (evaluate for riparian wetlands and Salt/Brackish Marsh only)
Examples of activities that may severely alter hydrologic connectivity include intensive ditching, fill, sedimentation, channelization, diversion,
man-made berms, beaver dams, and stream incision. Documentation required if evaluated as B, C, or D.
❑A Overbank and overland flow are not severely altered in the assessment area.
❑B Overbank flow is severely altered in the assessment area.
®C Overland flow is severely altered in the assessment area.
❑D Both overbank and overland flow are severely altered in the assessment area.
Notes
Assessment area is in the vicinity of the proposed road crossing where a cleared path (buffer break >30' wide) has been established. This is at
the narrowest spot of the wetland complex.

NC WAM Wetland Rating Sheet
Accompanies User Manual Version 5.0
Wetland Site Name Wetland L Date of Assessment 9/20/18
Wetland Type Riverine Swamp Forest Assessor Name/Organization Daniel Kuefler - WEPG
Notes on Field Assessment Form (Y/N) YES
Presence of regulatory considerations (Y/N) NO
Wetland is intensively managed (Y/N)
Assessment area is located within 50 feet of a natural tributary or other open water (Y/N) YES
Assessment area is substantially altered by beaver (Y/N) NO
Assessment area experiences overbank flooding during normal rainfall conditions (Y/N) YES
Assessment area is on a coastal island (Y/N) NO
Sub -function Ratina Summa
Function Sub -function Metrics Rating
Hydrology Surface Storage and Retention Condition LOW
Sub -surface Storage and
Retention Condition LOW
Water Quality Pathogen Change
Condition
MEDIUM
Hydrology
Condition/Opportunity
MEDIUM
Water Quality
Opportunity Presence (Y/N)
NO
Particulate Change
Condition
LOW
Condition/Opportunity
LOW
Habitat
Opportunity Presence (Y/N)
NO
Soluble Change
Condition
MEDIUM
Condition/Opportunity
MEDIUM
Opportunity Presence (Y/N)
NO
Physical Change
Condition
MEDIUM
Condition/Opportunity
MEDIUM
Opportunity Presence (Y/N)
NO
Pollution Change
Condition
NA
Condition/Opportunity
NA
Opportunity Presence (Y/N)
NA
Habitat Physical Structure
Condition
HIGH
Landscape Patch Structure
Condition
LOW
Vegetation Composition
Condition
HIGH
Function Ratina Summa
Function
Metrics
Rating
Hydrology
Condition
LOW
Water Quality
Condition
LOW
Condition/Opportunity
LOW
Opportunity Presence (Y/N)
NO
Habitat
Condition
HIGH
Overall Wetland Rating LOW

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Threatened & Endangered Species
Report

Wetlands and Environmental Planning Group T __^ —� Leonard S. Rindner, PLLC.
Threatened / Endangered / Protected Species
Evaluation
For: Summer's Walk Phase V
Cabarrus and Mecklenburg Counties, North Carolina
By: Lisa R. Gaffney
October 11, 2018
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. [e-mail]

SUMMER 'S 1V 4LK PHASE V - Threatened / E/7dcr//gerc,cl / Proicc°tecl SI/c c-ie,s
Evaluation
GENERAL LANDSCAPE DESCRIPTION:
The Summer's Walk Phase V property (+/-64 acres) is located just north of Hwy
73 — Davidson Hwy., and just south of Rocky River in Cabarrus County, North
Carolina. A small section on the western boundary is in Mecklenburg County,
North Carolina. It can be found on the Cornelius USGS Topographic
Quadrangle Map; latitude is 35.4548 N, longitude is 80.7688 W. The topography
is gently sloped with the elevation ranging from 640 to 720 ft. (Figure 1). The
site is relatively disturbed, having been timbered in part, with the majority of the
site now being covered with sucessional secondary growth of young
trees/shrub/scrub vegetation. There are underground pipelines traversing the
site, one on the western side and one on the eastern side, as well as a Sanitary
Sewer Line (SSL) along Rocky River. There are also several dirt trails and roads
crisscrossing the property.
Figure 1:
FIGURENDtI SUMMERSWALK PHASE V l Oravn ey. I Rewewed 6y:
1 /�/EW— tabanus/Me(klenburgko., Nc I61C t5R
DATE:
USGS MM - WATERS OF THE US.
(XISTR(GCONDRIONS STUDy 10/77/15
iURIFCT TO U1ACF/fCff1 RVFR1nrATVh
Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC.

SUMMER'S WALK PHASE V- Threatened / Endangered /Protected Species
Evaluation
METHODOLOGY:
The US Fish and Wildlife Service website
https://www.fws.gov/raleigh/species/cntVIist/nc counties.html was referenced to
determine the occurrence of Threatened, Endangered and Protected species for
Cabarrus and Mecklenburg Counties, North Carolina, the results of which are
listed below (Tables 1 & 2). Maps and aerial photographs were assembled, and
the site was investigated on June 15, 2015, and reviewed again on October 9,
2018.
Table 1: Threatened / Endangered / Protected Species listed for
Mecklenburg County
County: Mecklenburg, NC *Source: US Fish & Wildlife Service**Data search updated
on October 9, 2018
Group
Name
Status
Record Status
Invertebrate
Carolina Heelsplitter
Endangered
Current
(Lasmigona decorata)
Invertebrate
Rusty -patched Bumble Bee
Endangered
Historic
(Bombus affinis)
Vascular
Smooth Coneflower
Endangered
Current
Plants
(Echinacea laevigata)
Vascular
Schweinitz's Sunflower
Endangered
Current
Plants
(Helianthus schweinitzii)
Vascular
Michaux's Sumac (Rhus
Endangered
Current
Plants
michauxii
Vertebrate
Northern Long -Eared Bat
Threatened
Probable/Potential
(Myotis sententrionalis)
Vertebrate Bald Eagle (Haliaeetus Protected under the Current
Bald and Golden
'G
Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC.

SUMMER'S WALK PHASE V - Threatened / Endangered / Protected Species
Evaluation
Group Name Status Record Status
leucocephalus) Eagle Protection Act
Table 2: Threatened / Endangered / Protected Species listed for
Cabarrus County
County: Cabarrus, NC
*Source: US Fish & Wildlife Service
**Data search updated on October 9, 2018
Federal
Group Name Status Record Status
Vascular Schweinitz's Sunflower (Helianthus Endangered Current
Plants schweinitzit)
Vertebrate Northern Long -Eared Bat (Myotis Threatened Probable/Potential
septentrionalis)
Vertebrate Bald Eagle (Haliaeetus leucocephalus) Protected Current
Invertebrate Carolina Heelsplitter (Lasmigona decorata) Endangered Historic
Three plant species with federal protection were included in the survey efforts:
• Schweinitz's Sunflower (Helianthus schweinitzii), listed as Federally
Endangered, is typically found in open habitats which historically have
been maintained by wildfires and grazing bison and elk herds. Now most
occurrences are limited to roadsides, woodland and field edges, and utility
rights-of-way (ROW).
• Smooth Coneflower (Echinacea laevigata), listed as Federally
Endangered, is typically found in open woods, cedar barrens, roadsides,
clear cuts, dry limestone bluffs and power line rights-of-way, requiring
abundant sunlight and little competition from other plant species.
Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC.

SUMMER'S WALK PHASE V - Threatened / Endangered / Protected Species
Evaluation
• 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 and Cabarrus Counties:
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).
RESULTS
(Species lists reflect the seasonality of the survey)
The site is relatively disturbed, having been timbered in part, with the majority of
the site now being covered with sucessional secondary growth of young
trees/shrub/scrub vegetation. There is a buffer of disturbed woods on the
northern portion of the property adjacent to Rocky River. There are underground
pipelines traversing the site, one on the western side and one on the eastern
side, as well as a Sanitary Sewer Line (SSL) along Rocky River. There are also
several dirt trails and roads crisscrossing the property.
Wetlands and Environmental Planning Group
Leonard S. Rindner, PLLC.

SUMMER'S WALK PHASE V - Threatened / Endangered / Protected Species
Evaluation
The disturbed woods adjacent to Rocky River are a mix of pines and hardwoods.
Tree species present are Virginia Pine (Pinus virginiana), Shortleaf Pine (P.
echinata), Red Cedar (Juniperus virginiana), White Oak (Quercus alba), Willow
Oak (Q. phellos), Red Oak (Q. rubra), Hickory (Carya sp.), Cottonwood (Populus
deltoides), Hackberry (Celtis occidentalis), Sweetgum (Liquidambar styracif/ua),
and Tulip Poplar (Liriodendron tulipifera). Understory trees are Box Elder Maple
(Acer negundo), Redbud (Cercis canadensis), Winged Elm (Ulmus alata), River
Birch (Betula nigra), Black Cherry (Prunus serotina), Red Maple (A. rubra),
Flowering Dogwood (Cornus florida), and American Holly (Ilex opaca). Shrubs
include Strawberry Bush (Euonymus americanus), Russian Olive (Elaeagnus
umbellate) and Chinese Privet (Ligustrum sinense). Vines present are Japanese
Honeysuckle (Lonicera japonica), Catbrier (Smilax sp.), Muscadine (Vitis
rotundifolia), and Poison Ivy (Toxicodendron radicans). The herb layer is
dominated by Japanese Stiltgrass (Microstegium vimineum), and includes
Christmas Fern (Polystichum acrostichoides), Ebony Spleenwort (Asplenium
platyneuron), Spotted Wintergreen (Chimaphila maculata), and Bedstraw
(Galium sp.).
There is a vine and herb community that fills the ecotone between the dirt
roadsides along the perimeter and interior of the site and the edges of the woods.
This community is composed of Japanese Honeysuckle, Poison Ivy, Johnson
grass (Sorghum halepense), Pokeweed (Phytolacca americana), Rabbit Tobacco
(Gnapthalium obtusifolium), Sericea Lespedeza (Lespedeza cuneata), Tickseed
(Coreopsis major), and Foxtail (Setaria sp.).
The recently disturbed areas are somewhat overgrown with tall Fescue,
Blackberry (Rubus sp.) patches and small tree saplings, mostly Pine, Red Cedar
and Winged Elm (Ulmus alata).
The underground utility rights-of-way are covered by typical soil stabilizing
vegetation and are maintained by periodic mowing and spraying. Dominant
species include Fescue (Festuca spp.), Serecia Lespedeza (Lespedeza
cuneata), Love Grass (Eragrostis spp.), and White Clover (Trifolium repens).
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.
Wetlands and Environmental Planning Group
Leonard S. Rindner, PLLC.

SUMMER'S WALK PHASE V - Threatened / Endangered / Protected Species
Evaluation
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/robbmap.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.
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
October 11, 2018
Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC.

SUMMER'S WALK PHASE V- 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 schweinitzh).
• 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.

i
2
Approvals /
Authorizations

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. SAW -2016-00109 County: Cabarrus USGS Quad: NC-CORNELIUS
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner / Authorized Agent: Thomas Clement, MF Summers Walk Investments, LLC
Address: 13860 Ballantyne Corporate Place, Suite 130
Charlotte, NC 28277
Telephone No.: 301363 3476
Size and location of property (water body, road name/number, town, etc.): The project is located at
16008 Davidson -Concord Road, Davidson, NC Coordinates: 35.45487N, -80.7688W
Description of projects area and activity: This permit authorizes excavation and placement of fill
material associated with residential construction. Permanent impacts: 142 If stream ; 0.09 acres
wetland fill and temporary impacts: 151f of stream and 0.001 wetland fill are permitted.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number:
Nationwide Permit Number: NW 14 - 29
Additional Remarks and/or Special Permit Conditions
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with
the attached conditions and your submitted application and attached information dated December 15, 2015.
Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to
a stop work order, a restoration order, a Class I administrative penalty, and/or appropriate legal action.
As compensatory mitigation, the applicant will provide payment to the North Carolina Division of
Mitigation Services (DMS) for 142 If of warm stream credits and 0.1 Riparian Wetland in the Yadkin
River Basin 03040105. Payment must be made prior to conducting the authorized work.
PERMIT CONDITION TO BE INCLUDED ON ALL PERMITS USING THIS PROCESS: "In
order to compensate for impacts associated with this permit, mitigation shall be provided in
accordance with the provisions outlined on the most. recent version of the attached
Compensatory Mitigation Responsibility Transfer Form. The requirements of this form,
including any special conditions listed on this form, are hereby incorporated as special
conditions of this permit authorization."
This verification will remain valid until the expiration date identified below unless the nationwide authorization
is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide permit
authorization is reissued and/or modified, this verification will remain valid until the expiration date identified
below, provided it complies with all requirements of the modified nationwide permit. If the nationwide permit
authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with
the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or
are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity
is completed within twelve months of the date of the, nationwide permit's expiration, modification or revocation,
unless discretionary authority has been exercised on a case-by-case basis to modify, suspend or revoke the
authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality
Certification. You should contact the NC Division of Water Quality (telephone [phone]) to determine
Section 401 requirements. You may also visit their website at: http://portal.nedenr.orp/web/wq/swp/ws/websca ee

For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area
Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management.
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other
required Federal, State or local approvals/permits.
If there are any questions regarding this verification, any of the conditions o the Permit, or the Corps of
Engineers regulatory program, please contact William Elliott at 828 71,79
Corps Regulatory Official William ElliottDate: January 28, 2016
Expiration Date of Verification: March 18, 2017
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
hgp://per2.nwp.usace.army.mil/survey.html to complete the survey online.

U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Compensatory Mitigation Responsibility Transfer Form
Permittee: Jeremy Horton, Cole Jenest and Stone Action ID: SAW -2016-00109
Project Name: Summers Walk Phase V County: Cabarrus
Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved
Mitigation Bank or the North Carolina Division of Mitigation Services (NCDMS), who will then sign the form to verify the
transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Permittee's responsibility to
ensure that to the U.S. Army Corps of Engineers (USACE) Project Manager identified on page two is in receipt of a signed
copy of this form before conducting authorized impacts, unless otherwise specified below. If more than one mitigation
Sponsor will be used to provide the mitigation associated with the permit, or if the impacts and/or the mitigation will occur
in more than one 8 -digit Hydrologic Unit Code (HUC), multiple forms will be attached to the permit, and the separate forms
for each Sponsor and/or HUC must be provided to the appropriate mitigation Sponsors.
Instructions to Sponsor: The Sponsor must verify that the mitigation requirements (credits) shown below are available at
the identified site. By signing below, the Sponsor is accepting full responsibility for the identified mitigation, regardless of
whether or not they have received payment from the Permittee. Once the form is signed, the Sponsor must update the
bank ledger and provide a copy of the signed form and the updated bank ledger to the Permittee, the USACE Project
Manager, and the Wilmington District Mitigation Office (see contact information on page 2). The Sponsor must also comply
with all reporting requirements established in their authorizing instrument_
Permitted Impacts and Compensatory Mitigation Requirements:
Permitted Impacts Requiring Mitigation* 8 -digit HUC and Basin: 03040105, Yadkin River Basin
Stream Impacts (linear feet) Wetland Impacts (acres)
Warm Cool
Cold Riparian Riverine
Riparian Non-Riverine Non -Riparian Coastal
142
0.1
Coastal
*If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor.
Compensatory Mitigation Requirements: 8 -digit HUC and Basin: 03040105, Yadkin River Basin
Stream Mitigation (credits) Wetland Mitigation (credits)
Warm
Cool
_
Cold Riparian Riverine
Riparian Non-Riverine
Non -Riparian
Coastal
142
1 0.1
Mitigation Site Debited: NCDMS
(List the name of the bank to be debited. For umbrella banks, also list the specific site. For NCDMS, list NCDMS. If the
NCDMS acceptance letter identifies a specific site, also list the specific site to be debited).
Section to be completed by the Mitigation Sponsor
Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation
transactions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for
providing the mitigation identified in this document (see the table above), associated with the USACE Permittee and Action
ID number shown. I also verify that released credits (and/or advance credits for NCDMS), as approved by the USACE, are
currently available at the mitigation site identified above. Further, I understand that if the Sponsor fails to provide the
required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to
ensure compliance associated with the mitigation requirements.
Mitigation Sponsor
Name of Sponsor's Authorized Representative:
Signature of Sponsor's Authorized Representative Date of Signature
Page 1 of 2 Form Updated 23 November, 2015

USACE Wilmington District
Compensatory Mitigation Responsibility Transfer Form, Page 2
Conditions for Transfer of Compensatory Mitigation Credit:
• Once this document has been signed by the Mitigation Sponsor and the USACE is in receipt of the signed form, the
Permittee is no longer responsible for providing the mitigation identified in this form, though the Permittee remains
responsible for any other mitigation requirements stated in the permit conditions.
• Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only
after the USACE is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has
accepted responsibility for providing the mitigation requirements listed herein. For authorized impacts conducted by
the North Carolina Department of Transportation (NCDOT), construction within jurisdictional areas may proceed upon
permit issuance; however, a copy of this form signed by the Sponsor must be provided to the USACE within 30 days of
permit issuance. NCDOT remains fully responsible for the mitigation until the USACE has received this form, confirming
that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein.
P Signed copies of this document must be retained by the Permittee, Mitigation Sponsor, and in the USACE
administrative records for both the permit and the Bank/ILF Instrument. It is the Permittee's responsibility to ensure
that the USACE Project Manager (address below) is provided with a signed copy of this form.
If changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to
the USACE, the Sponsor must obtain case-by-case approval from the USACE Project Manager and/or North Carolina
Interagency Review Team (NCIRT). If approved, higher mitigation ratios may be applied, as per current District
guidance and a new version of this form must be completed and included in the USACE administrative records for both
the permit and the Bank/ILF Instrument.
Comments/Additional Conditions:
This form is not valid unless signed below by the USACE Project Manager and by the Mitigation Sponsor on Page 1. Once
signed, the Sponsor should provide copies of this form along with an updated bank ledger to: 1) the Permittee, 2) the
USACE Project Manager at the address below, and 3) the Wilmington District Mitigation Office, Attn: Todd Tugwell,
11405 Falls of Neuse Road, Wake Forest, NC27587 (email. [e-mail]. mil). Questions regarding this form
or any of the permit conditions may be directed to the USACE Project Manager below.
USACE Project Manager: William Elliott
USACE Field Office: Asheville Regulatory Field Office
US Army Corps of Engineers
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
Email: [e-mail]
k
January 28. 2016
Project Manager Signature Date of Signature
Current Wilmington District mitigation guidance, including information on mitigation ratios, functional assessments, and
mitigation bank location and availability, and credit classifications (including stream temperature and wetland groupings) is
available at http://ribits.usace.army.mil.
Page 2 of 2
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://regulatory.usacesurvey.com/ to complete the survey online.

Water Resources
ENVIRONMENTAL QUALITY
Mr. Thomas Clement
MF Summers Walk Investments, LLC
13860 Ballantyne Corporate Place, Ste. 130
Charlotte, NC 28277
PAT N ICCRORY
c,,,e,
DONALD R. VAN DER VAART
.SC'cd el01'1'
S. JAY ZIMMERMAN
Dire, for
January 15, 2016
DWR# 15-1295
Mecklenburg County
Subject: APPROVAL of 401 Water Quality Certification with Additional Conditions
Summerswalk Ph. 5/Ph. 6
Dear Mr. Clement:
You have our approval, in accordance with the General Certification and those
conditions listed below, for the purpose proposed in your application dated December 1, 2015,
and received by the Division of Water Resources (the Division) on December 15, 2015. After
reviewing your application, we have determined that this project is covered by Water Quality
General Certification Numbers 3890 & 3886 which can be viewed on our web site at
http://Portal.ncdenr.org/web/wq/swp/ws/401. The General Certifications allow you to use
Nationwide Permit Numbers 29 & 14 once they are is issued to you by the U.S. Army Corps of
Engineers (COE). Please note that you should get any other federal, state or local permits
before proceeding with your project, including those required by (but not limited to) Sediment
and Erosion Control, Non -Discharge, and Water Supply Watershed regulations.
The above noted Certifications will expire when the associated 404 permits expire
unless otherwise specified in the General Certifications. It is advised that all conditions of the
Certification are reviewed prior to initiation of the project. In addition to the requirements of the
Certification, you must also comply with the following conditions:
This approval is only valid for the purpose and design that you described in your
application. If you change your project, you must notify us in writing, and you may be
required to send us a new application for a new Certification. If total wetland fills
associated with this project (now or in the future) exceed one acre, or of total impacts to
streams (now or in the future) exceed 150 linear feet, compensatory mitigation may be
required. If the property is sold, the new owner must be given a copy of the Certification
and approval letter; and is thereby responsible for complying with all conditions. 15A
NCAC 02H.0506 and 15A NCAC 02H.0507
2. Approved Impacts:
Type of Impact
Amount Approved
Amount Approved
Temporary Impact
Permanent Impact
Stream
15 linear ft.
287 linear ft.
(145 If previous)
Wetland
0 acre
0.91 acre
State of North Carolina I Environmental Quality I Water Resources I Water Quality Regional Operations
Mooresville Regional Office1610 East Center Avenue, Suite 3011 Mooresville, North Carolina 28115
704 663 1699

3. The Mooresville Regional Office shall be notified in writing once construction at the
approved impact areas has commenced. 15A NCAC 02H.0502 (e)
4. Diversion Ditches and other storm water conveyances as related to the sediment and
erosion control measures shall be matted and/or stabilized to reduce sediment loss and
turbidity. This includes interior/exterior slopes of sediment basins. 15A NCAC 02H .0506
(b)(3) and (c)(3)
5. Bare/fill slopes in excess of 10 feet in height and within 30 feet of surface waters shall be
matted. 15A NCAC 02H .0506 (b)(3) and (c)(3)
6. A final, written storm water management is required per condition #12 of the General
Certification. You are required to provide one copy of the approved SMP, including plan
details on full-sized plan sheets, with proof of approval from the delegated program. The
approved SMP shall be submitted to the DWR 401 & Buffer Permitting Unit (1650 Mail
Service Center, Raleigh, NC 27699-1650) before any impacts authorized in this
certification occur. After it is approved and submitted to the Division, the SMP may not
be modified without prior written authorization from the delegated program. If the SMP
is modified in the future, then you shall provide one modified SMP with proof of approval
to the DWR 401 & Buffer Permitting Unit prior to the commencement of the
modifications.
7. Stormwater discharge structures at this site shall be constructed in a manner such that
the potential receiving streams (of the discharge) will not be impacted due to sediment
accumulations, scouring or erosion of the stream banks. 15A NCAC 02H .0506(b)(5)
8. Use of native vegetation and other soft stream bank stabilization techniques is
recommended where practicable instead of riprap or other bank hardening methods. if
riprap is necessary, it shall not be placed in the streambed, unless approved by DWR
9. Mitigation [15A NCAC 02H .0500(h)] must be provided for the proposed impacts as
specified in the table below. The Division has received notification/acceptance from the
City of Charlotte Umbrella Stream and Wetland Mitigation Bank to meet this mitigation
requirement. Until the City of Charlotte receives and clears your payment, and proof of
payment has been provided to this Office, no impacts specified in this Authorization
Certificate shall occur. For accounting purposes, this Certification authorizes payment to
meet the following compensatory mitigation requirement:
Compensatory Mitigation River and Sub -basin Number
Required
Stream 287 (feet) Yadkin (03040105) 1:1 ratio
Wetlands 0 (acres)
10. During the construction of the project, no staging of equipment of any kind is permitted in
waters of the U.S., or protected riparian buffers. 15A NCAC 02H .0506(b)(3)
11. The Permittee shall ensure that the final design drawings adhere to the permit and to the
permit drawings submitted for approval. 15A NCAC 02H.0507 (c) and 15A NCAC 02H
.0506 (b)(2) and (c)(2)
12. All mechanized equipment operated near surface waters must be regularly inspected and
maintained to prevent contamination of stream waters from fuels, lubricants, hydraulic
fluids, or other toxic materials. 15A NCAC 02H.0506(b)(3)

13. No rock, sand or other materials shall be dredged from the stream channel except where
authorized by this Certification. 15A NCAC 02H.0506(b)(3)
14. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or
adjacent to surface waters is prohibited. 15A NCAC 02H.0506(b)(3)
15. The permittee shall report any violations of this Certification to the Division of Water
Resources within 24 hours of discovery.. 15A NCAC 02H .0507(c)
This Certification can be contested as provided in Articles 3 and 4 of the General Statute
1508 by filing a written petition for an administrative hearing to the Office of the Administrative
Hearings (hereby known as OAH). A petition form may be obtained from the OAH at
http://www.ncoah.com/or by calling the OAH Clerk's Office at (9 19) 431-3000.
Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the
OAH. A petition is considered filed when the original and one (1) copy along with any applicable
OAH filing fee is received in the OAH during normal office hours (Monday through Friday, 8:00
am to 5:00 pm, excluding state holidays).
The petitions may be faxed to the OAH at [phone], provided the original and one
(1) copy of the petition along with any applicable OAH filing fee is received by the OAH within
five (5) business days following the faxed transmission. Mailing address for the OAH:
If sending via US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
If sending via delivery service (UPS, FedEx, etc.)
Office of Administrative Hearings
1711 New Hope Church Rd.
Raleigh, NC 27609-6285
One (1) copy of the petition must also be served on DEQ as follows:
Mr. Sam M. Hayes, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the review by the Division under Section 401 of the Clean Water
Act. If you have any questions, please telephone Mr. Alan Johnson in the Mooresville Regional
Office at 704-663-1699 or Ms. Karen Higgins in the Central Office in Raleigh 919-807-6360.
Si cer ly
cL W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office, DEQ
Attachments
cc: William Elliot, Army Corps of Engineers, Asheville (email)
Kelly Williams, Division of Mitigation Services, 15e11 .Williamsncdenr.gov
Amanda Jones, WPEG (email)
Karen Higgins, Wetlands Unit
MRO, Land Quality

15-1295
NORTH CAROLINA-DIVISON OF WATER RESOURCES
401 WATER QUALITY CERTIFICATION
SUMMARY OF PERMITTED IMPACTS AND MITIGATION REQUIREMENTS
In accordance with 15A NCAC 2 H .0500, MF Summers Walk Investments, LLC has
permission as outlined below to impact 287 linear feet of stream and 0.1 acre of wetland in
order to proceed with the road project in Iredell County, North Carolina. All activities associated
with these authorized impacts must be conducted with the conditions listed in the attached
certification. THIS CERTIFICATION IS NOT VALID WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENT: Division of Mitigation Services (DMS)
LOCATION:
COUNTY:
BASIN/SU BBAS I N
Impacts:
287 linear feet of stream (145 If previously)
0.091 acre of wetland
Davidson -Concord Rd.
Mecklenburg/Cabarrus County
Yadkin (03040105)
As required by 15A NCAC 2H .0506, and the conditions of this certification, you are required to
compensate for the above impacts through the restoration, creation, enhancement or
preservation of wetlands as outlined below prior to conducting any activities that impact or
degrade the waters of the state.
Note: Linear foot requirements proposed to be mitigated through the DMS must be rounded to
the nearest foot and acreage requirements must be rounded to one-quarter acre increments
according to 15 2r .0503(b).
Mitigation required:
287 linear feet total of stream
Mitigation:
287 linear feet of stream by the DMS required for the 401 Water Quality Certification. In
correspondence dated November 3, 2015 the DMS indicated that up to 150 linear feet of stream
mitigation would be conducted by DMS if available within the cataloging unit. More may be
required if mitigation is required outside the unit.
One of the options you have available to satisfy the compensatory mitigation requirements is .
through the payment of a fee to the DMS per NCAC 2R .0503. If you choose this option, please
sign this form and mail it to the Ecosystem Enhancement Fund at the address listed below. An
invoice for the appropriate amount of payment will be sent to you upon receipt of this form.
PLEASE NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVE
NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE EEP.
Signature Date,
ECOSYSTEM ENHANCEMENT PROGRAM
DIVISON OF WATER RESOURCES
1652 Mail Service Center
RALEIGH, N.C. 27669-1652

United States Department of the Interior
FISH AND WILDLIFE SERVICE
Asheville Field Office
160 Zillicoa Street
Asheville, North Carolina 28801
January 13, 2016
Ms. Amanda Jones, PWS
Wetlands and Environmental Planning Group
1070 Tunnel Rd., Building 1
Suite 10, PMB 283
Asheville, North Carolina 28805
Dear Ms. Jones:
Subject: Pre -Construction Notice for Summers Walk Residential Development (Phases 5 & 6);
Davidson; Mecklenburg and Cabarrus Counties, North Carolina
Log No. 4-2-16-106
The U.S. Fish and Wildlife Service (Service) has reviewed the information provided in your
letter received December 15, 2015. We submit the following comments in accordance with the
provisions of the Fish and Wildlife Coordination Act, as amended (16 U.S.C. 661-667e); the
National Environmental Policy Act (42 U.S.C. §4321 et seq.); and section 7 of the Endangered
Species Act of 1973, as amended (16 U.S.C. 1531-1543) (Act).
Project Description
According to the information provided, your client is seeking Nationwide Permits (numbers 14
and 29) to culvert 142 linear feet of a perennial tributary to the Rocky River and culvert a 0.09
acre forested wetland. Additionally, the project would fill a 0.001 acre forested wetland and
excavate 15 linear feet in an intermittent tributary to the Rocky River. The purpose of the
proposed project is to construct road crossings and a temporary sewer line to accommodate the
construction of a residential development located at 16008 Davidson -Concord Road in Davidson,
North Carolina.
The project site and surrounding land cover is primarily composed of southern Piedmont dry
oak -pine forest, and according to the PCN, several invasive plant species are present at the site.
Your client proposes to pay into the North Carolina Division of Mitigation Services for proposed
permanent impacts to 142 linear feet of warm water stream channel and 0.091 acres of riparian
wetlands at a 2:1 ratio.

Federally Listed Endangered and Threatened Species
According to Service records and the biological assessment provided with your PCN, suitable
roosting habitat occurs within the project area for the federally threatened northern long-eared
bat (Myotis septentrionalis). During the summer, northern long-eared bats typically roost singly
or in colonies in a wide variety of forested habitats, underneath bark, or in cavities/crevices of
both live trees and snags. Northern long-eared bats have also been documented roosting in
man-made structures (i.e., buildings, barns, etc.) during the summer. Northern long-eared bats
predominately winter in hibernacula that include caves and abandoned mine portals. It should be
noted that the general habitat types described above may not be all-inclusive; additional habitat
types may be identified as new information is obtained.
You have determined that the proposed project is "not likely to adversely affect" this species.
The nearest Service record of occurrence for this species is greater than 40 miles from the project
site. Since the suitable habitat appears to be minimal, the probability of "take" that could occur
from this project is insignificant and/or discountable, we concur with your determination that the
proposed project "may affect", but is "not likely to adversely affect" the northern long-eared bat.
However, we still recommend incorporating the tree -cutting moratorium of May 15 — August 15
into development plans. While our "not likely to adversely affect" determination is not
dependent on this action, the cutting moratorium is a measure that should be implemented to
further reduce the probability of "take" for this species.
Moreover, you determined that the project would not affect any other federally listed species on
the Mecklenburg and Cabarrus County lists. Therefore, we consider the consultation to be
complete at this time. However, please be aware that obligations under section 7 of the Act must
be reconsidered if. (1) new information reveals impacts of this identified action that may affect
listed species or critical habitat in a manner not previously considered, (2) this 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.
The Service offers the following recommendations in the interest of protecting fish and wildlife
resources:
Stream Crossings
The ecological functionality of a stream largely depends on whether it can access its floodplain,
especially during high flow events. Accordingly, we recommend installing span bridges that
cross streams and floodplains to minimize impacts to the aquatic environment, allow for the
movement of aquatic organisms, facilitate nutrient transport, and eliminate the need to place fill
in streams and floodplains.
Your letter indicates that bottomless culverts and span bridges were deemed to be infeasible due
to their substantial cost. If culverts are the only feasible stream crossing option, they should be
sufficiently sized to mimic the stream's natural function and habitats; allow for sufficient water
depth, volume, and velocity levels that will provide adequate passage for aquatic organisms; and
accommodate the movement of debris and entrained bed material during high flow events.
WEPG staff, Lisa R. Gaffney conducted a project site visit and evaluation of suitable habitat for federally listed
species on June 15, 2015.
2

Widening the stream channel must be avoided. Water depth inside the culvert must be adequate
for fish to be completely immersed and unhindered by the stream bottom. The culvert should be
designed and installed at the same slope as the stream grade to maintain an acceptable water
velocity for fish passage, and the stream's native substrate characteristics should be retained
within the culvert.
Where feasible, we recommend the use of multiple barrels (other than the base -flow barrel),
placed on or near stream bank -full or floodplain bench elevation, in order to accommodate
floodwaters within the stream corridor. In the interest of maintaining ecosystem function, these
high-flow barrel structures should connect the stream to floodplain benches. If the culvert is
40 linear feet or longer (such as that proposed in Stream Impact A), alternating or notched
baffles should be installed in a manner that mimics the existing stream pattern. These measures
aim to maintain or enhance ecological stream function by: (1) allowing for sediment deposition
(native substrate formation) within the barrel, (2) maintaining sufficient water depth and flow
regimes, and (3) providing resting places to accommodate passage for fish and other aquatic
organisms.
Measures to control sediment and erosion should be installed before any ground -disturbing
activities occur. Grading and backfilling must be kept to a minimum, and existing vegetation
should be retained (if possible) to maintain riparian cover for fish and wildlife. Disturbed areas
should be re -vegetated with native grass and tree species as soon as the project is completed.
Stormwater Management
The PCN indicates that the overall imperviousness of the proposed 81 acre project will be 21.5 —
35.4%. Since impervious surfaces (such as roofs, roads, and parking lots) collect pathogens,
metals, sediment, and chemical pollutants and quickly transmit them (via stormwater runoff) to
receiving waters, the Service recommends implementing stormwater systems that allow runoff to
infiltrate the soil. These systems have the highest documented pollutant -removal efficiency,
eliminating nearly all lead, zinc, and solids; and more than 50 percent of total phosphorous.
Ponds and wetlands, which allow contaminants to settle out of the water column or break down
in the presence of sunlight and biological activity, can remove more than 70 percent of bacteria.
Where detention ponds are used, stormwater outlets should drain through a vegetated area prior
to reaching any natural stream or wetland area. Detention structures should be designed to allow
for the slow discharge of stormwater, attenuating the potential adverse effects of stormwater
surges; thermal spikes; and sediment, nutrient, and chemical discharges. Since the purpose of
these stormwater-control measures and best management practices is to protect streams and
wetlands, they should not be installed within any stream (perennial or intermittent), wetland, or
riparian area.
Additionally, we recommend that all new developments, regardless of the percentage of
impervious surface area they will create, implement stormwater-retention and -treatment
measures designed to replicate the hydrograph at the preconstruction condition in order to avoid
any additional impacts to habitat quality within the watershed. Rather than traditional
stormwater treatment measures like large retention ponds, we recommend implementing
low -impact -development techniques, such as reduced road widths, grassed swales in place of
curb and gutter, rain gardens, and wetland retention areas. Sufficient retention designs should be
implemented to allow for the slow discharge of stormwater, attenuating the potential adverse
3

effects of stormwater surges; thermal spikes; and sediment, nutrient, and chemical discharges.
These designs often cost less to install and significantly reduce environmental impacts from
development.
The Service recommends that consideration be given to the use of pervious materials (i.e.,
pervious concrete, interlocking/open paving blocks, etc.) for the construction of roads,
driveways, sidewalks, etc. Pervious surfaces minimize changes to the hydrology of the
watershed and can be used to facilitate groundwater recharge. Pervious materials are also less
likely to absorb and store heat and allow the cooler soil below to cool the pavement (thus
preventing heated water from entering adjacent waterways). Additionally, pervious concrete
requires less maintenance and is less susceptible to freeze/thaw cracking due to large voids
within the concrete. We also recommend (if applicable) the incorporation of rooftop gardens or
any type of green rooftop into the building construction plans. Green rooftops have many
benefits, including: (a) keeping buildings warmer by adding insulation to the roof, resulting in
lower heating and cooling costs; (b) reducing the amount and improving the quality of
stormwater runoff because water is absorbed and filtered through plants and soil; and
(c) improving overall air quality by removing particulate matter from the air. These
recommendations, along with the proposed stormwater runoff collection devices that will be
constructed, would decrease the amount of stormwater runoff while increasing its quality.
Invasive Exotic Species
Invasive plant species are present at the site and the Service is concerned that disturbances
resulting from the proposed project may allow them to spread. Without active management,
including the revegetation of native species in disturbed areas, project corridors will likely be
sources of, and corridors for, the movement of invasive exotic plant species. Exotic species are a
major contributor to species depletion and extinction, second only to habitat loss. Exotics are a
factor contributing to the endangered or threatened status of more than 40 percent of the animals
and plants on the Federal List of Endangered and Threatened Wildlife and Plants.' It is
estimated that at least 4,000 exotic plant species and 2,300 exotic animal species are now
established in the United States, costing more than $130 billion a year to control.3 Additionally,
the U.S. Government has many programs and laws in place to combat invasive species (see
www.invasivespecies.gov). Specifically, Section 2(a)(3) of Executive Order 13112 - Invasive
Species (February 3, 1999) directs federal agencies to "not authorize, fund, or carry out actions
that it believes are likely to cause or promote the introduction or spread of invasive species in the
United States or elsewhere." Despite their short-term erosion -control benefits, many exotic
species used in soil stabilization seed mixes are persistent once they are established, thereby
preventing the reestablishment of native vegetation. Many of these exotic plants are also
aggressive invaders of nearby natural areas, where they are capable of displacing
already -established native species. Therefore, we strongly recommend that only species native
to the natural communities within the project area be used in association with all aspects of this
project.
ZD.S. Wilcove, D. Rothstein, J. Dubow, A. Phillips, and E
the United States. Bioscience 48:607-615.
3D. Pimentel, L. Lach, R. Zuniga, and D. Morrison. 2000
species in the United States. BioScience 50:53-65.
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Losos. 1998. Quantifying threats to imperiled species in
Environmental and economic costs of nonindigenous

Riparian Buffers
Since potential habitat for aquatic resources occur on or adjacent to the project site, we
recommend that forested riparian buffers be preserved and/or restored. Natural, forested riparian
buffers are critical to the health of aquatic ecosystems. The Service generally recommends that
forested riparian buffers (a minimum of 50 feet wide along intermittent streams and 100 feet
wide along perennial streams [or the full extent of the 100 -year floodplain, whichever is greater])
should be created and/or maintained along all aquatic areas. Within the watersheds of streams
supporting endangered aquatic species, we recommend undisturbed, forested buffers that are
naturally vegetated with trees, shrubs, and herbaceous vegetation and extend a minimum of
200 feet from the banks of all perennial streams and a minimum of 100 feet from the banks of
all intermittent streams or the full extent of the 100 -year floodplain, whichever is greater).
Instream Construction
The amount of disturbance to soils and instream habitats should not exceed what can be
stabilized by the end of the work day. Equipment should be kept out of streams by operating
from the banks in a fashion that minimizes disturbance to woody vegetation. The site should be
inspected daily and should be maintained in order to prevent the contamination of surface waters
from leaking fuels, lubricants, hydraulic fluids, or other toxic materials. All fuels, lubricants, and
other toxic materials should be stored outside the riparian management area of the stream, in a
location where the material can be contained. Equipment should be checked for leaks of
hydraulic fluids, cooling system liquids, and fuel and should be cleaned before fording any
stream. Also, all fueling operations should be accomplished outside the riparian area.
The Service appreciates the opportunity to comment on this project. Please contact Mr. Byron
Hamstead of our staff at 828/258-3939, Ext. 225, if you have any questions. In any future
correspondence concerning this project, please reference our Log Number 4-2-16-106.
Sincerely,
- - original signed - -
Janet A. Mizzi
Field Supervisor
Electronic copy to:
Mr. William Elliott, Asheville Regulatory Field Office, U.S. Anny Corps of Engineers,
151 Patton Avenue, Room 208, Asheville, NC 28801-5006
Mr. Alan Johnson, North Carolina Department of Environment and Natural Resources, Division
of Water Resources, 610 East Center Street, Suite 301, Mooresville, NC 28115
Ms. Karen Higgins, North Carolina Department of Environment and Natural Resources, Division
of Water Resources, 512 North Salisbury Street, Raleigh, NC 27604
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