20190620 Ver 1_Elm Lane PCN 050819_20190508

Preliminary ORM Data Entry Fields for New Actions WEPGWetlands and Environmental Planning Group
Leonard S. Rindner, PLLC.
SAW — 2018 - 02072 BEGIN DATE [Received Date]:
Prepare file folder
1. Project Name [PCN Form A2a]: Elm Lane site
2. Work Type: Private 7 Institutional ❑
Assign Action ID Number in ORM ❑
Government ❑ Commercial ❑
3. Project Description / Purpose [PCN Form 133d and 133e]:
PCN request for a residential development
4. Property Owner/ Applicant [PCN Form A3 or A4]: Land Investment Resources
5. Agent / Consultant [PCN Form A5 — or ORM Consultant ID Number]: Leonard S. Rindner, PLLC / WEPG
6. Related Action ID Number(s) [PCN Form 135b]:
7. Project Location - Coordinates, Street Address, and/or Location Description [PCN Form 131b]:
35.0510N/-80.8178 W - Elm Lane, Charlotte, NC
8. Project Location - Tax Parcel ID [PCN Form 131a]: 223281 15
9. Project Location—County [PCN Form A2b]: Mecklenburg
10. Project Location — Nearest Municipality or Town [PCN Form A2c]: Charlotte
11. Project Information — Nearest Waterbody [PCN Form 132a]: McAlpine Creek
12. Watershed / 8 -Digit Hydrologic Unit Code [PCN Form 132c]: 03050103
Authorization: Section 10 ❑ Section 404 ❑✓ Section 10 & 404 ❑
Regulatory Action Type:
❑Standard Permit
✓ Nationwide Permit # 18
❑ Regional General Permit #
❑ Jurisdictional Determination Request
Pre -Application Request
Unauthorized Activity
0 Compliance
❑ No Permit Required
Revised 20150602

Wetlands and Environmental Planning Group
May 8, 2019
Mr. David Shaeffer
U.S. Army Corps of Engineers
Asheville Regulatory Field Office
151 Patton Avenue, Asheville, NC 28801-5006
Mr. Alan Johnson
NCDEQ
Division of Water Resources
610 East Center Street, Suite 301, Moorseville, NC 28115
Ms. Karen Higgins
NCDEQ
Division of Water Resources
Wetlands & Storm Water Branch
512 North Salisbury Street, Raleigh, NC 27604
Mr. Byron Hamstead
U.S. Fish and Wildlife Service
Asheville Field Office
160 Zillicoa Street, Asheville, NC 28801
Leonard 5. Rindner, PLLC.
Subject: SAW -2018-02072; Pre -Construction Notification for NWP 18 for the Elm Lane
site, Charlotte, Mecklenburg County, NC.
Ms. Higgins and Messrs. Shaeffer, Johnson, and Hamstead,
Enclosed is a request for Nationwide Permit # 18 for the approximate 7.5 -acre site known as
the Elm Lane site located southwest of the intersection of Elm Lane and Camfield Street in
Charlotte, NC. The site is a proposed residential development and consists of one wetland. The
site was field -verified by NCDEQ (Alan Johnson) on July 5, 2018. A preliminary jurisdictional
determination was submitted on November 1, 2018 (SAW -2018-02072) and was field -verified
by David Shaeffer on November 30, 2018. Please refer to the Jurisdictional Determination
section for updated information on onsite surface waters.
As shown on the attached exhibits, the proposed project will include impacts to one wetland
(Wetland A/AA) for the installation of a BMP to serve the proposed residential development.
Overall impacts to site surface waters associated with the proposed development were limited
through site selection location, design, location/orientation of the proposed lots and access routes
and the design / location of stormwater facilities. The total permanent impacts proposed are
limited to 0.089 acres of wetlands (Wetlands A/AA).
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
len.rindnerga wetlands-epg.com

Wetlands and Environmental Planning Group
Leonard 5. Rindner, PLLC.
Efforts of impact minimization were implemented during the design to preserve the existing
hydrology and limit adverse effects to existing, onsite natural habitat. The size, shape, and
location of the required BMP were specifically designed to minimize impacts to the feature and
ensure that the remaining portion of the effected wetland would receive adequate hydrology. A
concave design was incorporated on the west side of the dry detention basin to conform to the
natural shape of the existing wetland and minimize additional impacts to the aquatic resources.
The detention basin incorporates a large retaining wall with temporary water storage located
along the face of the wall. This pond storage and wall design approach minimizes impacts to the
adjacent wetland. Surface drainage areas were analyzed with existing and proposed grades to
ensure adequate hydrology is maintained within the existing wetland area (1.68 CFS of drainage
flow based on a 10 year event). Slope grades of 2:1 where incorporated where feasible and
allowed by the City of Charlotte Engineering department. The wetland will receive supplemental
planting of native wetland species throughout the required tree save area as shown on the
attached plans.
To compensate for the anticipated permanent impacts, the applicant is proposing payment into
NCDMS at a 2:1 ratio for 0.089 acres of riparian wetland. The impacted wetland is a relatively
small and isolated feature that does not provide any direct stream buffering function. It is
bordered on one side by manicured residential lots and drains directly to a stormwater culvert.
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
Charlotte Office:
10612-D Providence Rd.
PMB 550
Charlotte, NC 28277
[phone]
len.rindnerga wetlands-epg.com
www.wetlands-epg.com
2
Len Rindner, PWS
Principal
Asheville Office:
1070 Tunnel Rd., Bldg. I
Suite 10, PMB 283
Asheville, NC 28805

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
1 a.
Type(s) of approval sought from the Corps:
❑X Section 404 Permit ❑ Section 10 Permit
1 b.
Specify Nationwide Permit (NWP) number: 18 or General Permit (GP) number:
1c.
Has the NWP or GP number been verified by the Corps?
❑ Yes Q No
1d.
Type(s) of approval sought from the DWQ (check all that apply):
❑X 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization
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
1 g.
Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below.
❑ Yes ❑X No
1 h.
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes ❑X No
2.
Project Information
2a.
Name of project:
Elm Lane site
2b.
County:
Mecklenburg
2c.
Nearest municipality / town:
Charlotte
2d.
Subdivision name:
2e.
NCDOT only, T.I.P. or state project no:
3.
Owner Information
3a.
Name(s) on Recorded Deed:
Covenant Baptist Church of the Carolinas
3b.
Deed Book and Page No.
04815-951
3c.
Responsible Party (for LLC if
applicable):
John Francois, Admin Chair
3d.
Street address:
6401 Carmel Rd
3e.
City, state, zip:
Charlotte, INC, 28226
3f.
Telephone no.:
704-542-7273
3g.
Fax no.:
3h.
Email address:
Page 1 of 10
PCN Form — Version 1.4 January 2009

4. Applicant Information (if different from owner)
4a. Applicant is:
❑ Agent ❑X Other, specify: Developer
4b. Name:
Philip M. Hayes
4c. Business name
(if applicable):
Land Investment Resources, LLC
4d. Street address:
3440 Toringdon Way, Suite 205
4e. City, state, zip:
Charlotte NC 28277
4f. Telephone no.:
704-614-9531
4g. Fax no.:
4h. Email address:
[e-mail]
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):
22328115
1 b. Site coordinates (in decimal degrees):
Latitude: 35.051 Longitude: -80.8178
1 c.
Property size:
7.5 acres
2.
Surface Waters
2a.
Name of nearest body of water to proposed project:
McAlpine Creek
2b. Water Quality Classification of nearest receiving water:
C
2c.
River basin:
03050103
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 primarily covered with a secondary growth, disturbed, mixed pine/hardwood forest. General land use in the vicinity is primarily residential
and commercial developments.
3b.
List the total estimated acreage of all existing wetlands on the property: 0.155
3c.
List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 0
3d. Explain the purpose of the proposed project:
The project consists of grading, fill & BMP for a residential development.
3e. Describe the overall project in detail, including the type of equipment to be used:
Excavation and grading of the site will use standard equipment - excavator, dump trucks, track hoe, etc.
4.
Jurisdictional Determinations
4a.
Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
project (includingall prior phases)in the past?
❑X Yes ❑ No ❑ Unknown
Comments: PJD Re uest submitted 11/01/18 SAW -2018-02072
q
4b.
If the Corps made the jurisdictional determination, what type
of determination was made?
❑X Preliminary ❑ Final
4c.
If yes, who delineated the jurisdictional areas?
Name (if known): Nic Nelson
Agency/Consultant Company: WEPG
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
A Preliminary Jurisdictional Determination request was submitted on 11/01/18 (SAW -2018-02072) and was field -verified by David Shaeffer (USACE)
on 11/30/18. Please refer to the delineation map included in the JD section for further info.
5.
Project History
5a.
Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past?
❑ Yes ❑X No ❑ Unknown
5b.
If yes, explain in detail according to "help file" instructions.
6.
Future Project Plans
6a.
Is this a phased project?
❑ Yes ❑X No
6b.
If yes, explain.
Page 3 of 10
PCN Form — Version 1.4 January 2009

C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
❑X Wetlands ❑ Streams — tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a.
Wetland impact
number
Permanent (P) or
Temporary T
2b.
Type of impact
2c.
Type of wetland
2d.
Forested
2e.
Type of jurisdiction
Corps (404,10) or
DWQ (401, other)
2f.
Area of
impact
(acres)
W1 P
Fill
Bottomland Hardwood Forest
Yes
Corps
0.089
W2
Choose one
Choose one
No
W3
Choose one
Choose one
Yes/No
W4
Choose one
Choose one
Yes/No
W5
Choose one
Choose one
Yes/No
W6
Choose one
Choose one
Yes/No
2g. Total Wetland Impacts:
0.089
2h. Comments:
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a.
Stream impact
number
Permanent (P) or
Temporary (T)
3b.
Type of impact
3c.
Stream name
3d.
Perennial (PER) or
intermittent (INT)?
3e.
Type of
jurisdiction
3f.
Average
stream
width
(feet)
3g.
Impact
length
(linear
feet)
S1
Choose one
S2
Choose one
S3
Choose one
S4
Choose one
S5
Choose one
S6
Choose one
3h. Total stream and tributary impacts
3i. Comments:
Page 4 of 10
PCN Form — Version 1.4 January 2009

4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then indivi ually list all open water impacts below.
4a.
Open water
impact number
Permanent (P) or
Temporary T
4b.
Name of waterbody
(if applicable)
4c.
Type of impact
4d.
Waterbody
type
4e.
Area of impact (acres)
01
Choose one
Choose
O2
Choose one
Choose
03
Choose one
Choose
04
Choose one
Choose
4f. Total open water impacts
4g. Comments:
5. Pond or Lake Construction
If pond or lake construction proposed, the complete the chart below.
5a.
Pond ID number
5b.
Proposed use or
purpose of pond
5c.
Wetland Impacts (acres)
5d.
Stream Impacts (feet)
5e.
Upland
(acres)
Flooded
Filled
Excavated
Flooded
Filled
Excavated
P1
Choose one
P2
Choose one
5f. Total:
5g. Comments:
5h. Is a dam high hazard permit required?
❑ Yes ❑ No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If any impacts require mitigation, then you MUST fill out Section D of this form.
6a. Project is in which protected basin?
❑ Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Randleman ❑ Other:
6b.
Buffer Impact
number —
Permanent (P) or
Temporary (T)
6c.
Reason for impact
6d.
Stream name
6e.
Buffer
mitigation
required?
6f.
Zone 1
impact
(square
feet)
6g.
Zone 2
impact
(square
feet)
61
Yes/No
B2
Yes/No
B3
Yes/No
B4
Yes/No
B5
Yes/No
B6
Yes/No
6h. Total Buffer Impacts:
6i. Comments:
Page 5 of 10

D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
Due to the location of the on site wetland, opportunities to completely avoid these areas were limited. Impacts to site surface waters associated with
the proposed development were limited through site selection location, design, location/orientation of the proposed lots and access routes and design
of the concave BMP. Surface drainage areas were analyzed with existing and proposed grades to ensure adequate hydrology will be maintained (1.68
CFS of drainage flow based on a 10 yr event). The remaining onsite wetland area will be supplemented with additional wetland species.
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.
2:1 slopes are used where feasible and allowed by the City of Charlotte. An concave shape was incorporated to the west side of the dry detention
basin to conform to the adjacent wetland below; the basin incorporates a retaining wall with temporary water storage located along the face of the wall.
This pond storage and wall design approach minimizes impacts to the adjacent wetland and secures development to higher grades above.
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
Q Payment to in -lieu fee program
❑ Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter)
Type: Choose one
Type: Choose one
Type: Choose one
Quantity:
Quantity:
Quantity:
3c. Comments:
4. Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
Q Yes
4b. Stream mitigation requested:
linear feet
4c. If using stream mitigation, stream temperature:
Choose one
4d. Buffer mitigation requested (DWQ only):
square feet
4e. Riparian wetland mitigation requested:
0.089 acres
4f. Non -riparian wetland mitigation requested:
acres
4g. Coastal (tidal) wetland mitigation requested:
acres
4h. Comments:
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
A 2:1 ratio is proposed for the wetland impacts.
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 Q 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?
44.3%
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
been submitted to Mecklenburg County for
review
and has been designed to meet their criteria.
2e.
Who will be responsible for the review of the Stormwater Management Plan?
Mecklenburg County
3.
Certified Local Government Stormwater Review
3a.
In which localgovernment's jurisdiction is thisproject?
Mecklenburg County
❑x Phase II
❑ NSW
3b.
Which of the following locally -implemented stormwater management programs
❑ USMP
apply (check all that apply):
❑ Water Supply Watershed
❑ Other:
3c.
Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ❑X No
attached?
4.
DWQ Stormwater Program Review
❑Coastal counties
❑HQW
4a.
Which of the following state -implemented stormwater management programs apply
❑ORW
(check all that apply):
❑Session Law 2006-246
❑Other:
4b.
Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ❑X No
attached?
5.
DWQ 401 Unit Stormwater Review
5a.
Does the Stormwater Management Plan meet the appropriate requirements?
❑ Yes ❑ No
5b.
Have all of the 401 Unit submittal requirements been met?
❑ Yes ❑ No
Page 8 of 10
PCN Form — Version 1.4 January 2009

F.
Supplementary Information
1.
Environmental Documentation (DWQ Requirement)
1 a.
Does the project involve an expenditure of public (federal/state/local) funds or the
❑ Yes 0 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
❑Yes ❑ No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1c.
If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
❑ Yes ❑ No
letter.)
Comments:
2.
Violations (DWQ Requirement)
2a.
Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards,
❑Yes 0 No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b.
Is this an after -the -fact permit application?
❑Yes 0 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 0 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.
Wastewater
generated on the site will be transported to the nearest treatment facility 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 Q 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?
AThreatened/Endangered species assessment was conducted in which no species were identified. Habitat does exist for the Northern Long Eared Bat
but the project is exempt as noted in the included T&E report.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat?
❑ Yes 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?
❑ Yes Q No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination?
http://polaris3g.mecklenburgcountync.gov ; www.fema.gov
Digitally signed by Daniel Kuefler
Daniel DN: cn=Daniel Kuefler, o=WEPG,
ou,
email=daniel.kuefler@wetlands-
Daniel Kuefler
Kuefler epg.com, c=US
05-03-2019
Date: 2019.05.03 15:18:53 -04'00'
Applicant/Agent's Printed Name
Date
Applicant/Agent's Signature
(Agent's signature is valid only if an authorization
letter from the applicant isprovided.)
Page 10 of 10

VYetiards and Environmental Nanning Group
A 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: Elm Lane West
Property Address: Elm Larne, Charlotte, NC
Parcel Identification Number (PIN): 22328111
Select one: I am an interested buyerlseller
Name: Philip M. Hayes
Company: Land Investment Resources, LLC
Mailing Address: 3440 Toringdon Way, Suite 205 Charlotte, NC 28277
Telephone Number: 704-614-9531
Electronic Mail Address: pmhayesna,Eandinvestmentresources.com
L
I'rollertyPwneA/ Aerested Buyer* I Other`
Ddte
* The Interested BuyerlOther acknowledges that an agreement andlor 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.wer1ands-epg.com Asheville Office:
106 R 2-D Providence Rd. 1470 Tunnel Rd.. Bldg. I
PMS 550 Suite 10, PM 283
Charlotte, NC 28277 Asheville. NC 78805
[phone]
len.rindner(3a wetlands-epg.cam

ROY COOPER
Govemor
MICHAEL S. REGAN
Secretary
TIM BAUMGARTNER
Director
Philip Hayes
Land Investment Resources, LLC
3440 Toringdon Way, Suite 205
Charlotte, NC 28227
Project: Elm Lane Site
NORTH CAROLINA
Environmental Quality
April 15, 2019
Expiration of Acceptance: 10/15/2019
County: Mecklenburg
The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to
accept payment for compensatory mitigation for impacts associated with the above -referenced project as
indicated in the table below. Please note that this decision does not assure that participation in the DMS in -
lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts.
It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will
be approved. You must also comply with all other state, federal or local government permits, regulations or
authorizations associated with the proposed activity including G.S. § 143-214.11.
This acceptance is valid for six months from the date of this letter and is not transferable. If we have not
received a copy of the issued 404 Permit/401 Certification within this time frame, this acceptance will
expire. It is the applicant's responsibility to send copies of the permits to DMS. Once DMS receives a copy
of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must
be made prior to conducting the authorized work. The amount of the in -lieu fee to be paid by an applicant is
calculated based upon the Fee Schedule and policies listed on the DMS website.
Based on the information supplied by you in your request to use the DMS, the impacts for which you are
requesting compensatory mitigation credit are summarized in the following table. The amount of mitigation
required and assigned to DMS for this impact is determined by permitting agencies and may exceed the
impact amounts shown below.
River Basin
Catawba
Impact Location
(8 -digit HUC)
03050103
Impact Type Impact Quantity
Riparian Wetland 0.089
"DMS proposes to utilize the Catawba 03 Expanded Service Area to meet the mitigation requirement.
Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The
mitigation will be performed in accordance with the In -Lieu Fee Program instrument dated July 28, 2010 and
15A NCAC 02B .0295 as applicable. Thank you for your interest in the DMS in -lieu fee mitigation program.
If you have any questions or need additional information, please contact Kelly Williams at [phone].
cc: Daniel Kuefler, agent
[, EC
Sincerely,
James. b Stanfill
Asset. Management Supervisor
North Carolina Department of Environmental Quality i Division of Mitigation Services
217 w Jones Street 11652 Mail Service Centet I Raleigh, North Carolina 27699-1652
919.7078976

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1
VICINITY MAP
-WATERS OF THE U.S.-
EXISTING CONDITIONS STUDY
+ SUBJECT TO USACE/NCDEQ VERIFICATION
Drawn By:I Revi ewed By:
NRN LSR
DATE:
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SUGAR CREEK 7.5 Weddington, NC �& •..
FIGURE NO.
3
ELM LANE
Mecklenburg Co., NC
Drawn By:I Revi ewed By:
NRN LSR
USGS MAP DATE:
4/11/18
-WATERS OF THE U.S.-
EXISTING CONDITIONS STUDY Updated 5/3/19
SUBJECT TO USACE VERIFICATION

►A s
APPROXIMATE
PROJ ECT BOUNDARY
STUDY AREA
(�� W D I
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FIGURE NO. ELM LANE
4 WEPG I
Mecklenburg Co., NC
NRCS PUBLISHED SOILS MAP
-WATERS OF THE U.S.-
EXISTING CONDITIONS STUDY
SUBJECT TO USACE/NCDEQ VERIFICATION
Drawn By: Revi ewed By:
NRN _SR
DATE:
4/11/18 ,
Updated 5/3/19
Map Unit Symbol
Map Unit Name
Acres in AOI
Percent of AOI
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percent slopes, moderately
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EnS
Enon sandy loam, 2 to 8
percent slopes
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MeB
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WkB
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slopes
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2.5 14.2%
17,8 1 0.15°l
WkD
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slopes
Totals for Area & Interest
FIGURE NO. ELM LANE
4 WEPG I
Mecklenburg Co., NC
NRCS PUBLISHED SOILS MAP
-WATERS OF THE U.S.-
EXISTING CONDITIONS STUDY
SUBJECT TO USACE/NCDEQ VERIFICATION
Drawn By: Revi ewed By:
NRN _SR
DATE:
4/11/18 ,
Updated 5/3/19

FIGURE NO. I I ELM LANE I Drawn By: I Reviewed By:
Mecklenburg Co., NC I DCKK ILSR
NRCS WEB SOILS MAP DATE:
10/30/18
-WATERS OF THE U.S.-
EXISTING CONDITIONS STUDY Updated 5/3/19
SUBJECT TO US4CE/NCDEQ VERIFIC4TION
Map Unit Symbol
Map Unit Mame
Acres in AOI
Percent of AOI
CeB2
Cecil sandy clay loam,. 2 to 8
percent slopes, moderately
eroded
9.1
51.3`.°0
EnS
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percent slopes
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24.5 *o
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slopes
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7.2%
WkD
Wilkes loam, 8 to 15 percent
slopes
2.5
.
14.2 %
Touts for Area of Interest
17.8
100.0%
FIGURE NO. I I ELM LANE I Drawn By: I Reviewed By:
Mecklenburg Co., NC I DCKK ILSR
NRCS WEB SOILS MAP DATE:
10/30/18
-WATERS OF THE U.S.-
EXISTING CONDITIONS STUDY Updated 5/3/19
SUBJECT TO US4CE/NCDEQ VERIFIC4TION

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Figure 8
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PROPOSED SITE
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Ai
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Figure 8

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TREE SAVE AND BUFFER AREA (TYP.)
REQUIRED BUFFER SCREENING SHRUBS (TYP.)
SURFACE DRAINAGE TO RECHARGE WETLAND. 0.4
ACRES DRAINING TO WETLAND. 1.68 CFS OF STORM
DRAINAGE FLOW, BASED ON A 10 YR EVENT.
WETLAND TO BE ENHANCED WITH WETLAND
TOLERANT SHRUBS. SEE PLANTING EXHIBIT BY WPEG
WETLAND AREA NOT IMPACTED: 2,844 SF
EXISTING WETLAND
AREA TO REMAIN
ANTI -SEEP COLLAR—
TO BE INSTALLED—
EXISTING
NSTALLED_EXISTING HW TO BE -
REPLACED WITH PR.
STORM MANHOLE AS
PART OF THE STORM
DRAINAGE DESIGN
TEMPORARY WETLAND
IMPACT 50 SF
PROJECT
BOUNDARY_
/
lip"
TREE SAVE AND
BUFFER AREA (TYP.)
II
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RIM: 676.00
/ 24" RCP
FOREBAY I
RETAINING WALL
W -WETLAND IMPACT 3,877 SF
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2459 Wilkinson Blvd, St, 200 Charlotte, NC 28208
704.343.0608
vin .d rgrp.aam
Copyright © 2019 Design Resource Group, PA This plan or drawing antl any accompanying documents or calculations are the properly of Design Resource Group, PA; antl are Intended solely far the use of the recipient noted. No third party use or—dlfcation is permitted without written authorization
PROJECT #: 579-009
DRAWN BY: JO
CHECKED BY NB
MAY 1, 2019
REVISIONS:
Figure 10
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PROJECT #: 579-009
DRAWN BY: JO
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REVISIONS:
Figure 10

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DRAWN BY: JO
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' MAY 1, 2019
REVISIONS:
EXTENTS OF WETLAND (TYP.)
PROJECT BOUNDARY
NOT TO SCALE ,1
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REVISIONS:
EXTENTS OF WETLAND (TYP.)
PROJECT BOUNDARY
NOT TO SCALE ,1
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PROJECT GOALS:
(1) RELOCATE EVERGREEN SHRUB BUFFER
TO AVOID EXISTING WETLAND
(2) ENHANCE VEGETATION — WITH
CONTAINERIZED NATIVE SHRUBS & TREES
CONTAINERIZED MATERIAL Won center):
Magnolia virginiana (Sweet Bay), Cornus amomum
(Silky Dogwood), Clethera alnifolia (Sweet
Pepperbush), Sambucus nigra (Elderberry) Spiraea
tomentosa (Hardhack), Lyonia lucida (Fetterbush),
Morella cerifera (Wax Myrtle)
TREE SAVE AND BUFFER AREA
PROPERTY LINE—,
SURFACE DRAINAGE TO RECHARGE WTLAIND. 0.4
---� ACRES DRAINING, TO WIETLAND. 1-88 CFS OF STORM �
DRAINAGE FLOW, BASED ON A 10 YR EVENT. �
S -y
WETLAND AREA PRESERVED 2,844 SF
_ f
EXISTING WEnAND
AREA TO -REMAIN
eau;MA7
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REPLACED WITH PR-
STORM MANHOLE AS
i PART OF THE STORM .•;•.
+ DRAINAGE DESIGN *.
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RETAINING WALL
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_ SAND FILTER
*Temporary access corridor to be reestablished with native species, wooded corridor to be replanted at 260 stems/acre.
Permanent maintenance easement to be reseeded with native stabilization mix.
FIGURE NO.
ELM LANE WEST Drawn By: Reviewed
12 All: Q I + Mecklenburg Co., INC NRN LSR
ENHANCEMENT MAP
-WATERS OF THE U.S.-
EXISTING CONDITIONS STUDY
SUBJECT TO USACE/NCDEQ VERIFICATION
DATE:
4/15/19

w
.jurisdictional
Determination Information

0-
.49R. f ,
3 APPROXIMATE PROJECT
i BOUNDARY
(Red Dashed Line)
vi.
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WETLANDA/AA
-0.155 ac onsite _
•
`.,1 t r •` APPROVED PJD BOUNDARY
Von k STUDY LIMITS
(Solid Black Line) ,
***NCDEQ VERIFICATION 7/5/18*** ***USACE VERIFICATION 11/30/18***
.r
FIGURE NO.
ELM LANE WEST Fawn By: Reviewed
13 Mecklenburg Co., NC NRN LSR
. -
DELINEATION MAP aD/20/18 ATE:
ATK
-WATERS OF THE U.S.- YRkto U/30/18
' - EXISTING CONDITIONS STUDY /
+ SUBJECT TO USACE VERIFICATION

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Threatened & Endangered Species
Report

Wetlands and Environmental Planning Group
Leonard S. Rindner, PLLC.
Threatened / Endangered / Protected Species
Evaluation
Charlotte Office:
10612-D Providence Rd.
PMB 550
Charlotte, NC 28277
[phone]
I en. ri nd ner@wet Ian ds -epg. co m
For Elm Lane Site
Mecklenburg County, North Carolina
By: Lisa R. Gaffney
February 12, 2019
www.wetiands-epg.com
Asheville Office:
1070 Tunnel Rd., Bldg. I
Suite 10, PMB 283
Asheville, NC 28805

Elm Lane Site -Threatened /Endangered /Protected Species Evaluation
GENERAL LANDSCAPE DESCRIPTION:
The Elm Lane site (12.6 acres) is located just west of Elm Lane, and just north of
Robinson Forest Drive in Mecklenburg County, North Carolina. It can be found
on the Weddington, NC USGS Topographic Quadrangle Map; latitude is 35.0510
N, longitude is -80.8178 W. The topography consists of upland flat grading into
gentle slopes, with the elevation ranging from 650 to 690 ft. (Figure 1). Two
church buildings and parking lots with expansive turf grass lawn and planted
small trees occupy the eastern portion of the site, and the western portion is
covered with a secondary growth, disturbed mixed pine/hardwood forest. There
is a dirt -gravel road leading to a cell phone tower in the northern section of the
site.
Figure 1:
Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC.
Drawn By: Revie wed By:
FIGURE NO.
ELM LANE
CREEK
g
We kle nh urg Co, NC
� I 1
LI5G5 MAP
DATE:
-TSOFTH4/11/113S-
EXISTING CO ND fip NS STU Dv
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-
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Let: 35.0510 °N
SCALE
- _
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Long: -80.8178 °N! 1
1:24,000
HUC:03050203
ACRES
USGSQUA ❑
-
SUGARCREEK
12.557
Weddington, NC
Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC.
Drawn By: Revie wed By:
FIGURE NO.
ELM LANE
g
We kle nh urg Co, NC
IN PIN LS
LI5G5 MAP
DATE:
-TSOFTH4/11/113S-
EXISTING CO ND fip NS STU Dv
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Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC.

Elm Lane Site - Threatened /Endangered /Protected Species Evaluation
METHODOLOGY:
The US Fish and Wildlife Service website http://www.fws.gov/endangered/ was
referenced to determine the occurrence of Threatened, Endangered and
Protected species for Mecklenburg County North Carolina, the results of which
are listed below (Table 1). Maps and aerial photographs were assembled, and
the site was investigated on February 12, 2019
Table 1: Threatened / Endangered / Protected Species listed for
Mecklenburg County
County: Mecklenburg, NC
*Source: US Fish & Wildlife Service
**Data search on February 12, 2019
Group Name Status Record Status
Invertebrate Carolina Heelsplitter (Lasmipona Endangered Current
decorata
Invertebrate Rusty -patched Bumble Bee Endangered Historic
(Bombus affinis)
Vascular Plants Smooth Coneflower (Echinacea Endangered
laevi ata
Vascular Plants Schweinitz's Sunflower (Helianthus Endangered
schweinitzii)
Vascular Plants Michaux's Sumac (Rhus michauxii) Endangered
Vertebrate Northern Long -Eared Bat (Myotis
septentrionalis)
Vertebrate Bald Eagle (Haliaeetus
leucocephalus)
Threatened
Current
Current
Current
Probable/Potential
Protected under the Bald Current
and Golden Eagle
Protection Act
Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC.

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

Elm Lane Site -Threatened /Endangered /Protected Species Evaluation
RESULTS:
Two church buildings and parking lots with expansive turf grass lawn and planted
small trees occupy the eastern portion of the site, and the western portion is
covered with a secondary growth, disturbed mixed pine/hardwood forest.
The disturbed mixed pine/hardwood forest includes canopy trees of Short -leaf
Pine (Pinus echinata), Willow Oak (Quercus phellos), White Oak (Q. alba),
Southern Red Oak (Q. falcata), Sweet Gum (Liquidambar styraciflua), Tulip
Poplar (Liriodendron tulipifera), and Red Maple (Acer rubra). Sub -canopy
species include Red Cedar (Juniperus virginiana), Southern Magnolia (Magnolia
grandiflora), Sourwood (Oxydendrum arboreum), Flowering Dogwood (Cornus
florida), and American Holly (Ilex opaca). The shrub layer is dominated by
Russian Olive (Elaeagnus umbellate). Vines observed were Japanese
Honeysuckle (Lonicera japonica), Muscadine (Vitis rotundifolia), Poison Ivy
(Toxicodendron radicans), and Catbrier (Smilax sp.). The herb layer is sparse
and includes Christmas Fern (Polystichum acrostichoides), Ebony Spleenwort
(Asplenium platyneuron), Japanese Stiltgrass (Microstegium vimineum), Panic
Grass (Panicum sp.), False Nettle (Boehmeria cylindrica), and Knotweed
(Polygonum sp.).
Transitional areas along the tree line are dominated by common weedy species
including Ragwort (Packera sp.), Broomsedge (Andropogon virginicus),
Goldenrod (Solidago sp.), Ragweed (Ambrosia artemisiifolia), Rabbit Tobacco
(Gnapthalium obtusifolium), Beggars Ticks (Desmodium sp.), and Dogfennel
(Eupatorium capillifolium).
Threatened & Endangered/Protected Species Results
All potential habitats for Schweinitz's Sunflower, Michaux's Sumac and
Smooth Coneflower along the roadside, transitional areas and woods
edges were examined and none of these species were present.
No habitat exists on the site for Bald Eagles, and there were no sightings
nor were any nesting sites observed.
• There are no suitable streams on site with 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
Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC.

Elm Lane Site - Threatened /Endangered /Protected Species Evaluation
action under section 7 of the Endangered Species Act for the Northern
Long-eared Bat.
Comparing this site location to the USFWS Range Map for Rusty -patched
Bumble Bee
(https://www.fws.gov/midwest/endangered/insects/rpbb/rpbbmap.htmi)
Mecklenburg County is in 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,
4'.1 # 1*e�l
Lisa R. Gaffney
Biologist
February 13, 2019
Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC.