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HomeMy WebLinkAbout20210892 Ver 1_ePCN Application_20210621DWR Dlrlslon of Water Resources Pre -Construction Notification (PCN) Form For Nationwide Permits and Regional General Permits (along with corresponding Water Quality Certifications) June 1, 2021 Ver4.1 Initial Review Has this project met the requirements for acceptance in to the review process?* r Yes r No Is this project a public transportation project?* r Yes r No Change only if needed. BIMS # Assigned 20210892 Is a payment required for this project?* r No payment required r Fee received r Fee needed - send electronic notification Reviewing Office* Mooresville Regional Office - (704) 663-1699 'Information for Initial Review la. Name of project: Margaret Wallace Road la. Who is the Primary Contact?* Heath Caldwell 1b. Primary Contact Email:* heath.caldvvell@\&etlands-epg.com Date Submitted 6/21/2021 Nearest Body of Water McAlpine Creek Basin Catawba Water Classification C Site Coordinates Latitude: Longitude: 35.1702-80.7103 A. Processing Information County (or Counties) where the project is located: Mecklenburg Is this a NCDMS Project r Yes r No Is this project a public transportation project?* r Yes r No Pre -Filing Meeting Information Version#* 1 What amout is owed?* IT $240.00 r $570.00 Select Project Reviewer* Alan Johnson:eads\adjohnson1 1c. Primary Contact Phone:* (704)999-5279 Is this a courtesy copy notification?* r Yes r No ID# 20210892 Pre -fling Meeting or Request Date 5/4/2021 Attach documentation of Pre -Filing Meeting Request here: dick the upload button or drag and drop files here to attach document 0. DWR Pre -Filing Meeting Request Form.pdf File type mast be FCF 1a. Type(s) of approval sought from the Corps: V Section 404 Permit (wetlands, streams and waters, Clean Water Act) r Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) Has this PCN previously been submitted?* r Yes r No 1b. What type(s) of permit(s) do you wish to seek authorization? W Nationwide Permit (NWP) r Regional General Permit (RGP) r Standard (IP) 1c. Has the NWP or GP number been verified by the Corps? r Yes r No Nationwide Permit (NWP) Number: NWP Numbers (for multiple NWPS): 1d. Type(s) of approval sought from the DWR: fJ 401 Water Quality Certification - Regular r Non-404 Jurisdictional General Permit r Individual 401 Water Quality Certification Version 1 29 - Residential Developments le. Is this notification solely for the record because written approval is not required? For the record only for DWR 401 Certification: For the record only for Corps Permit: 50.87KB r 401 Water Quality Certification - E>q)ress r Riparian Buffer Authorization 1f. Is this an after -the -fact permit application?* r Yes r No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? r Yes r No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? r Yes r No 1h. Is the project located in any of NC's twenty coastal counties? r Yes r No 1j. Is the project located in a designated trout watershed? r Yes r No B. Applicant Information 1d. Who is applying for the permit? W Owner r Applicant (other than owner) le. Is there an Agent/Consultant for this project?* r Yes r No 2. Owner Information 2a. Name(s) on recorded deed: ResiBuilt 2b. Deed book and page no.: r Yes r No r Yes r No 2c.Contact Person: Jeff Hill 2d.Address Street Address 3630 Peachtree Rd NE Address tine 2 Suite 1500 City State / Rovince / Rion Atlanta GA Postal / Zip Code Country 30326 USA 2e. Telephone Number: 2f. Fax Number: (470)809-1256 2g. Email Address:* amber. lipsky@wetlands-e pg. com 4. Agent/Consultant (if applicable) 4a. Name: Heath Caldwell 4b. Business Name: Wetlands & Environmental Planning Group 4c.Address Street Address 10612-D Providence Road Address tine 2 PMB 550 City State / Province / Pegion Charlotte NC Postal / Zip Code Country 28277 USA 4d. Telephone Number: 4e. Fax Number: (704)999-5279 4f. Email Address:* heath.caldmll@mtlands-epg.com C. Project Information and Prior Project History C^U 1. Project Information 1b. Subdivision name: (d appropriate) 1c. Nearest municipality/ town: Matthews F- 2. Project Identification 2a. Property Identification Number: 2b. Property size: 19304324,19304327 11.31 2c. Project Address Street Address Address tine 2 City State / Province / legion Postal / Zip Code Country 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* McAlpine Creek 3b. Water Resources Classification of nearest receiving water:* C 3c. What river basin(s) is your project located in?* Catawba 3d. Please provide the 12-digit HUC in which the project is located. 03050103 4. Project Description and History 4a. 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 Margaret Wallace Road site located just west of Margaret Wallace Road, and just south of Idlewild Road. There are two residential homes with outbuildings near Margaret Wallace Road and the remainder of the site is covered With disturbed mixed pine -hardwood trees on slopes and small drainages flowing to an unnamed tributary to McAlpine Creek. The topography is gently sloped with the elevation ranging from 680 to 720ff. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?* r Yes r No r Unknown 4f. List the total estimated acreage of all existing wetlands on the property: 0.022 4g. List the total estimated linear feet of all existing streams on the property: 381 4h. Explain the purpose of the proposed project:* Involves fill to one wetland for a road crossing and lot fill. 41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* Fill and grading of the site will use standard equipment, excavator, dump truck, track hoe, etc. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* r Yes r No r Unknown Comments: 5b. If the Corps made a jurisdictional determination, what type of determination was made?* r Preliminary r Approved r Not Verified r Unknown r N/A Corps AID Number: SAW-2020-01277 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Nic Nelson Agency/Consultant Company: WEPG Other: 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made bythe Corps or DWR This site was verified by B. Roden -Reynolds (USACE) on 7/27/20. A copy of the signed JD approval is included in the Approvals section. Please see the Jurisdictional Determination section for updates to verification. 6. Future Project Plans 6a. Is this a phased project?* r Yes r No Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity? D. Proposed Impacts Inventory 1. Impacts Summary 1a. Where are the impacts associated with your project? (check all that apply): W Wetlands r Streams -tributaries r Buffers r Open Waters r Pond Construction 2. Wetland Impacts f�� 2al Reason (?) 2b. Impact type * (?) 2c. Type of W.2d. W. name 2e.Forested* 2f.Typeof 2g. Impact Jurisdicition*(?) area* W1 Lot FIII P Headwater Forest Wetland D Yes Corps 0.015 (acres) W2 Roadway Fill P Headwater Forest Wetland D Yes Corps 0.007 (acres) 2g. Total Temporary Wetland Impact 2g. Total Permanent Wetland Impact 0.000 0.022 2g. Total Wetland Impact 0.022 21. Comments: E. Impact Justification and Mitigation U 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: Impacts associated with the proposed development were limited through site selection, design, and location/orientation of the proposed lots and access routes. Avoiding Wetland D was difficult due to its central location onsite. As shown on the alternative alignment sheets, the high retaining walls required would still impact half of the total area and create safety/access issues in cases of emergency. Also, avoiding the impact would violate the Charlotte Subdivision Ordinance. The applicant has demonstrated avoidance and minimization efforts by avoiding -100 % of onsite streams. 1b. 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. 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? r Yes r No 2c. If yes, mitigation is required by (check all that apply): r DWR W Corps 2d. If yes, which mitigation option(s) will be used for this project? r Mitigation bank W Payment to in -lieu fee r Permittee Responsible program Mitigation 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. r Yes r No 4b. Stream mitigation requested: (linear feet) 4d. Buffer mitigation requested (DWR only): (square feet) 4f. Non -riparian wetland mitigation requested: (acres) 0.022 4h. Comments 4c. If using stream mitigation, what is the stream temperature: 4e. Riparian wetland mitigation requested: (acres) 4g. Coastal (tidal) wetland mitigation requested: (acres) A 2:1 ratio is proposed for site impacts F. Stormwater Management and Diffuse Flow Plan (required by DWR) U 1. Diffuse Flow Plan 1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? r Yes If no, explain why: r No 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?* r Yes r No Comments: 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 Charlotte but will be designed to meet their criteria. G. Supplementary Information u 1. Environmental Documentation 1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?* r Yes r No 2. Violations (DWR Requirement) 2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15A NCAC 2B .0200)?* r Yes r No 3. Cumulative Impacts (DWR Requirement) 3a. Will this project result in additional development, which could impact nearby downstream water quality?* r Yes r No 3b. If you answered "no," provide a short narrative description. No additional phases are proposed. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* r Yes r No r WA 4b. Describe, in detail, the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated at a treatment plant, list the capacity available at that plant. Wastewater generated on the site will be transported to the nearest treatment facility via sewer lines. 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or habitat?* r Yes r No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* r Yes r No 5c. If yes, indicate the USFWS Field Office you have contacted. Asheville 5d. Is another Federal agency involved?* r Yes r No r Unknown 5e. Is this a DOT project located within Division's 1-8? r Yes r No 5f. Will you cut anytrees in order to conduct the work in waters of the U.S.? r Yes r No 5g. Does this project involve bridge maintenance or removal? r Yes r No 5h. Does this project involve the construction/installation of a wind turbine(s)?* r Yes r No 51. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.? r Yes r No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? A threatened and endangered species assessment was conducted in which no species were identified. Habitat may occur for the Northern long-eared bat but the project is except as described in the attached T&E report. The report has been submitted to FWS for concurrence. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?* r Yes r No 6b. What data sources did you use to determine whether your site would impact an 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 status?* r Yes r No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? SHPO's website: https:Ync.maps.arcgis.cory 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain?* r Yes r No 8c. What source(s) did you use to make the floodplain determination?* mm.fema.gov hftps://polaris3g.rriecklenburgcountync.gov/ Miscellaneous Please use the space below to attach all required documentation or any additional information you feel is helpful for application review. Documents should be combined into one file when possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred. Click the upload button a drag and drop files here to attach document Margaret Wallace PCN.pdf 8.51MB File rrust be POF or lIaV Comments A full, compiled PCN is attached including ORM, cover letter, photos, forms, authorizations, and other supporting documentation. Signature * R By checking the box and signing below, I certify that: • The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief; and • The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. • I have given true, accurate, and complete information on this form; • I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); • I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act'); • I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND • I intend to electronically sign and submit the PCN form. Full Name: Heath Caldwell Signature � 4 1e4l Date 6/21 /2021 ROY COOPER Governor JOHN NICHOLSON Interim Secretary TIM BAUMGARTNER Director Jeff Hill ResiBuilt 3630 Peachtree Rd NE, Suite 1500 Atlanta, GA 30326 NORTH CAROLINA Environmental Quality June 8, 2021 Expiration of Acceptance: 12/8/2021 Project: Margaret Wallace Road County: Mecklenburg This is a conditional acceptance letter. 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 8-di it HUC Impact Type Impact Quantity Catawba 03050103 Non -Riparian Wetland** 0.022 *DMS proposes to utilize the Catawba 03 Expanded Service Area to meet the mitigation requirement. "Non -riparian wetland credit is not available in this service area. In accordance with the directive from the February 8, 2011 IRT meeting, non -riparian wetland impacts located in the mountain and piedmont areas of North Carolina can be accepted as requested, but mitigated utilizing riparian wetland mitigation credits. 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@ncdenr.gov. Sincerely, FOR James. B Stanfill Asset Management Supervisor cc: Heath Caldwell, agent D EQ �� North Carolina Department of Environmental Quality Division of Mitigation Services 217 West Jones Street 1 1652 Mail Service Center I Raleigh, North Carolina 27699-1652 NORTH CAROLINA oePanmem or enmrommemai ouai� / 919.707.8976 D# * 20210892 Version* 1 Regional Office * Mooresville Regional Office - (704) 663-1699 Reviewer List* Alan Johnson Pre -Filing Meeting Request submitted 5/4/2021 Contact Name* Heath Caldwell Contact Email Address* heath.caldwell@wetlands-epg.com Project Name* Margaret Wallace Project Owner* ResiBuilt Project County* Union Owner Address: Street Address 3630 Peachtree Road NE Address Line 2 Suite 1500 aty State / Province / Pegion Atlanta GA Postal / Zip axle Country 30326 USA Is this a transportation project?* r Yes r No Type(s) of approval sought from the DWR: W 401 Water Quality Certification - F- 401 Water Quality Certification - Regular Express F- Individual Permit F- Modification F- Shoreline Stabilization Does this project have an existing project ID#?* C Yes (-- No Do you know the name of the staff member you would like to request a meeting with? Alan Johnson Please give a brief project description below and include location information.* A proposed residential development including fill to one wetland By digitally signing below, I certify that I have read and understood that per the Federal Clean Water Act Section 401 Certification Rule the following statements: This form completes the requirement of the Pre -Filing Meeting Request in the Clean Water Act Section 401 Certification Rule. • I understand by signing this form that Icannot submit myapplication until 30 calendar days after this pre -filing meeting request. • I also understand that DWR is not required to respond or grant the meeting request. Your project's thirty -day clock started upon receipt of this application. You will receive notification regarding meeting location and time if a meeting is necessary. You will receive notification when the thirty -day clock has expired, and you can submit an application. Signature Submittal Date 5/4/2021 WEPG Preliminary ORM Data Entry Fields for New Actions Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. SAW — 2020 - 01277 BEGIN DATE [Received Date]: Prepare file folder ❑ Assign Action ID Number in ORM ❑ 1. Project Name [PCN Form A2a]: LIR -Margaret Wallace Rd 2. Work Type: Private � Institutional Government ❑ Commercial ❑ 3. Project Description / Purpose [PCN Form 133d and 133e]: PCN request for 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]: 35.1702 N/-81.7103 , Margaret Wallace Rd, Matthews, NC 8. Project Location -Tax Parcel ID [PCN Form 131a]: 19304324, 19304327 9. Project Location —County [PCN Form A2b]: Mecklenburg 10. Project Location — Nearest Municipality or Town [PCN Form A2c]: Matthews 11. Project Information — Nearest Waterbody [PCN Form 132a]: McAlpine Creek 12. watershed / 8-Digit Hydrologic Unit Code [PCN Form B2c]:Catawba/ 03050103 Authorization: Section 10 ❑ Section 404 �✓ Section 10 & 404 ❑ Regulatory Action Type: ❑ Standard Permit U Nationwide Permit # 29 ❑ Regional General Permit # Jurisdictional Determination Request ❑Pre -Application Request Unauthorized Activity ❑ Compliance ❑ No Permit Required Oa ks]111141L160% Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. June 21, 2021 Mr. Bryan Roden -Reynolds U.S. Army Corps of Engineers Charlotte Regulatory Field Office 8430 University Executive Park Drive Charlotte, NC 28262 Mr. Alan Johnson NCDEQ Division of Water Resources 610 East Center Street, Suite 301 Mooresville, NC 28115 Mr. Paul Wcjoski 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 St. Asheville, NC 28801 Subiect: SAW-2020-01277; Pre -Construction Notification for NWP #29 for the Margaret Wallace Road site in Matthews, Mecklenburg County, North Carolina Messrs. Roden -Reynolds, Johnson, Wojoski, and Hamstead, Enclosed is a request for Nationwide Permit 929 for the Margaret Wallace Road site on 11.31 acres located at just west of Margaret Wallace Road and just south of Idlewild Road in Matthews, NC. The site is a proposed residential development and consists of three streams and one wetland. A Preliminary Jurisdictional Determination Request was submitted and authorized in July 2020 for the proposed project. Please refer to the Jurisdictional Determination Information for updated information on onsite surface waters. As shown on the attached exhibits, the proposed project will include permanent impacts to one wetland for a road crossing and lot fill. Overall impacts to site surface waters associated with the proposed development were limited through site selection location, design, and the Charlotte Office: www.wetlands-epg.com Asheville Office: 10612-D Providence Rd. 1070 Tunnel Rd., Bldg. I PMB 550 Suite 10, PM 283 Charlotte, NC 28277 Asheville, NC 28805 (704)904-2277 1 len. ri ndner@wetlands-epg.com Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. location/orientation of the proposed lots and access routes. Total permanent impacts proposed include 0.022 acres of wetland impacts (Wetland D). Although alternative layouts were considered, the central location of Wetland D made it difficult to avoid without creating fire access and safety issues. As seen in Figure 9, only 0.01 acres of wetland would be avoided, and this option would require extensive retaining walls and create potential safety issues including cutting off fire access around buildings. Furthermore, these access crossings were necessary to comply with the Charlotte Subdivision Ordinance and completely avoiding the wetland area did not allow for the required connection (See alternative design/Figure 10). Please refer the Avoidance and Minimization narrative and the attached exhibits for additional information regarding the requirements and encumbrances considered in determining the proposed roadway connections. The applicant has demonstrated substantial avoidance and minimization efforts by providing a tree save that leaves almost 20% of the site undeveloped and avoids 100% of the 381 linear feet of onsite streams. To compensate for the anticipated permanent impacts to onsite wetlands, the applicant is proposing payment to the North Carolina Division of Mitigation Services In -Lieu Fee Program at a 2:1 ratio. 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, (704) 999-5279 or email at heath. caldwell(c�r�,wetlands-epg.com. Sincerely, Heath Caldwell Len Rindner, PWS Environmental Scientist Principal Charlotte Office: 10612-D Providence Rd. PMB 550 Charlotte, NC 28277 (704)904-2277 len.rindner@wetlands-epg.com www.wetiands-epg.com Asheville Office: 1070 Tunnel Rd., Bldg. I Suite 10, PM 283 Asheville, NC 28805 C O V d d Q L. N CL Permit Application w A rE�QG T. Office Use Only: Corps action ID no. DWQ project no. Form Version 1.4 January 2009 Pre -Construction Notification (PCN) Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: ❑X Section 404 Permit ❑ Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: 29 or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? ❑ Yes ❑X No 1d. Type(s) of approval sought from the DWQ (check all that apply): ❑X 401 Water Quality Certification — Regular ❑ Non-404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization 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 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: Margaret Wallace Road 2b. County: Mecklenburg 2c. Nearest municipality / town: Matthews 2d. Subdivision name: 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: Jeff Hill 3b. Deed Book and Page No. 3c. Responsible Party (for LLC if applicable): ResiBuilt 3d. Street address: 3630 Peachtree Rd NE, Suite 1500 3e. City, state, zip: Atlanta, GA 30326 3f. Telephone no.: (470)809-1256 3g. Fax no.: 3h. Email address: jhill@resi-built.com 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: Heath Caldwell 5b. Business name (if applicable): Wetlands & Environmental Planning Group, PLLC 5c. Street address: 10612-D Providence Road, PMB 550 5d. City, state, zip: Charlotte, NC 28277 5e. Telephone no.: (704)999-5279 5f. Fax no.: 5g. Email address: heath.caldweIl@wetlands-epg.com Page 2 of 10 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 19304324, 19304327 1 b. Site coordinates (in decimal degrees): Latitude: 35.1702 Longitude:-80.7103 1c. Property size: 11.31 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: Catawba/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 Margaret Wallace Road site located just west of Margaret Wallace Road, and just south of Idlewild Road. There are two residential homes with outbuildings near Margaret Wallace Road and the remainder of the site is covered with disturbed mixed pine -hardwood trees on slopes and small drainages flowing to an unnamed tributary to McAlpine Creek. The topography is gently sloped with the elevation ranging from 680 to 720ft. 3b. List the total estimated acreage of all existing wetlands on the property: 0.022 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 381 3d. Explain the purpose of the proposed project: Involves fill to one wetland for a road crossing and lot fill. 3e. Describe the overall project in detail, including the type of equipment to be used: Fill and grading of the site will use standard equipment, excavator, dump truck, 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: 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. This site was verified by B. Roden -Reynolds (USAGE) on 7/27/20. A copy of the signed JD approval is included in the Approvals section. Please see the Jurisdictional Determination section for updates to verification. 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 Headwater Wetland Yes Corps 0.015 W2 P Fill Headwater Wetland Yes Corps 0.007 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: 0.022 2h. Comments: W1- Lot Fill W2- Roadway Fill 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 02 Choose one Choose 03 Choose one Choose 04 Choose one Choose 4f. Total open water impacts 4g. Comments: 5. Pond or Lake Construction If pond or lake construction proposed, the complete the chart below. 5a. Pond ID number 5b. Proposed use or purpose of pond 5c. Wetland Impacts (acres) 5d. Stream Impacts (feet) 5e. Upland (acres) Flooded Filled Excavated Flooded Filled Excavated P1 Choose one P2 Choose one 5f. Total: 5g. Comments: 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. 6a. Project is in which protected basin? ❑ Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Randleman ❑ Other: 6b. Buffer Impact number — Permanent (P) or Temporary T 6c. Reason for impact 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact (square feet) 6g. Zone 2 impact (square feet 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 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. Impacts associated with the proposed development were limited through site selection, design, and location/orientation of the proposed lots and access routes. Avoiding Wetland D was difficult due to its central location onsite. As shown on the alternative alignment sheets, the high retaining walls required would still impact half of the total area and create safety/access issues in cases of emergency. Also, avoiding the impact would violate the Charlotte Subdivision Ordinance. The applicant has demonstrated avoidance and minimization efforts by avoiding —100% of onsite streams. 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. 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: linear feet 4c. If using stream mitigation, stream temperature: Choose one 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non -riparian wetland mitigation requested: 0.022 acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: A 2:1 ratio is proposed for site impacts 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? 59 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 Charlotte but will be designed to meet their criteria. 2e. Who will be responsible for the review of the Stormwater Management Plan? City of Charlotte 3. Certified Local Government Stormwater Review 3a. In which localgovernment's jurisdiction is thisproject? City of Charlotte ❑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. No additional phases are proposed. 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 ❑X No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ❑X Yes ❑X No impacts? 5c. If yes, indicate the USFWS Field Office you have contacted. Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? A threatened and endangered species assessment was conducted in which no species were identified. Habitat may occur for the Northern long-eared bat but the project is except as described in the attached T&E report. The report has been submitted to FWS for concurrence. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes ❑X No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? No essential fish habitat in this region 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation ❑ Yes ❑X No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? SHPO's website: https://nc.maps.arcgis.com/ 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? ❑ Yes ❑X No 8b. If yes, explain how project meets FEMA requirements: 8c. What source(s) did you use to make the floodplain determination? www.fema.gov https://polaris3g.meeklenburgcountyne.gov/ Heath Caldwell �%,�� )� 06-21-2021 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 Leonard S Rindner, PLLC. Agent Authorization Letter The purpose of this form is to authorize our firm to act on your behalf in matters related to aquatic resource (i.e. stream/wetlands) identification/mapping and regulatory permitting. The undersigned, who are either registered property owners or legally authorized to conduct due diligence activities on the property as identified below, do hereby authorize associates of Leonard S. Rindner, PLLC, Wetlands and Environmental Planning Group (WEPG) to act on my behalf and take all actions necessary for the processing, issuance, and acceptance of applicable permit(s) and/or certification(s). Project/Site Name: Margaret Wallace Road Property Address: 4313 Margaret Wallace Rd, Matthews, NC Parcel Identification Number (PIN): 19304324, 19304327 Select one: I am the current property owner Name: Jeff Hill Company: ResiBuilt Mailing Address: 3630 Peachtree Rd NE, Suite 1500 Atlanta, GA 30326 Telephone Number: (470)809-1256 Electronic Mail Address: jhill@resi-built.com Owner i 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.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 (704)904-2277 len.rindner cgwetlands-epg.com ROY COOPER Governor JOHN NICHOLSON Interim Secretary TIM BAUMGARTNER Director Jeff Hill ResiBuilt 3630 Peachtree Rd NE, Suite 1500 Atlanta, GA 30326 NORTH CAROLINA Environmental Quality June 8, 2021 Expiration of Acceptance: 12/8/2021 Project: Margaret Wallace Road County: Mecklenburg This is a conditional acceptance letter. 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 8-di it HUC Impact Type Impact Quantity Catawba 03050103 Non -Riparian Wetland** 0.022 *DMS proposes to utilize the Catawba 03 Expanded Service Area to meet the mitigation requirement. "Non -riparian wetland credit is not available in this service area. In accordance with the directive from the February 8, 2011 IRT meeting, non -riparian wetland impacts located in the mountain and piedmont areas of North Carolina can be accepted as requested, but mitigated utilizing riparian wetland mitigation credits. 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@ncdenr.gov. Sincerely, FOR James. 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Rindner, PLLC. Threatened / Endangered / Protected Species Evaluation For: Margaret Wallace Road Mecklenburg County, North Carolina By: Lisa R. Gaffney May 11, 2021 Field investigation conducted May 11, 2021 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 (704) 904-2277 I en. ri nd ner@wet Ian ds -epg. co nn Margaret Wallace Road Site - Threatened /Endangered /Protected Species Evaluation GENERAL LANDSCAPE DESCRIPTION: The Margaret Wallace Road site (11.31 acres) is located just west of Margaret Wallace Road, and just south of Idlewild Road, in Mecklenburg County, North Carolina. It can be found on the Mint Hill USGS Topographic Quadrangle Map-, latitude is 35.1702 N, longitude is 80.7103 W. There are two residential homes with outbuildings near Margaret Wallace Road and the remainder of the site is covered with disturbed mixed pine -hardwood trees on slopes and small drainages flowing to an unnamed tributary to McAlpine Creek. The topography is gently sloped with the elevation ranging from 680 to 720ft. (Figure 1). Figure 1: •fir, , 1,. +�`- i _-- r�� I ��-- 3 ' �� `, I . MCALPINE CREEK r+/ —� PROPERTY BOUNDARY �---� "•'—f l Z' P .?, •ICry �- _ + fr STUDY LIMITS 's �f 11.31+J-Acres lT.•� !!! �ti! I' f . sr t r `�Ir LOCATION r - i LaF: 35.1702 RN � L Lung:-80.7103 °W USGS 4UAD �l f i f4 4 HUC' n3t?Sn103 SCALE Mint Hill, LOWER CATAWBA 1:24,ODD 1946 ���--Fr �f �. •� f /J --i` �• WPrepared for: UR - MARGARET WALLACE RD Drawn By: Reviewed Fry: FIGURE Mecklenhur8Cu, NC 1 Landinvestment Rs A:__ Resources USGS MAP 03112J21 For study purposes only - Subject to USAQ�INQDE4 a rrjmation Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. Margaret Wallace Road Site - Threatened /Endangered /Protected Species Evaluation METHODOLOGY: The US Fish and Wildlife Service website https://www.fws.gov/raleigh/species/cntylist/mecklenburg.html was referenced to determine the occurrence of Threatened, Endangered and Protected species for Mecklenburg County North Carolina, the results of which are listed below (Table 1). Maps and aerial photographs were assembled, and the site was investigated during the week of May 10, 2021. Table 1: Threatened / Endangered / Protected Species listed for Mecklenburg County County: Mecklenburg, NC *Source: US Fish & Wildlife Service **Data search on May 10, 2021 Group Name Status Record Status Invertebrate Carolina Heelsplitter (Lasmigona Endangered Current decorata Invertebrate Rusty -patched Bumble Bee (Bombus Endangered Historic affinis) Vascular Plants Smooth Coneflower (Echinacea Endangered Current laevi ata Vascular Plants Schweinitz's Sunflower (Helianthus Endangered Current schweinitzii) Vascular Plants Michaux's Sumac (Rhus michauxii) Endangered Current Vertebrate Northern Long -Eared Bat (Myotis Threatened Probable/Potential septentrionalis) Vertebrate Bald Eagle (Haliaeetus leucocephalus) Protected under the Bald Current and Golden Eagle Protection Act Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. Margaret Wallace Road Site - Threatened /Endangered /Protected Species Evaluation SPECIES DESCRIPTIONS: 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). WEPG#00720 Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. Margaret Wallace Road Site - Threatened /Endangered /Protected Species Evaluation RESULTS: There are two residential homes with outbuildings near Margaret Wallace Road with expansive lawns and typical sidewalks, driveways, yards, trees, planting beds, and fences. The entire road frontage is planted in Fescue (Festuca sp.) and maintained by frequent mowing. The remainder of the site is covered with disturbed mixed pine -hardwood trees on slopes and small drainages flowing to an unnamed tributary to McAlpine Creek. The tree cover is mature with the average diameter at breast height (DBH) at 10 inches. Canopy trees include Loblolly Pine (Pinus taeda), Shortleaf Pine (P. echinata), Virginia Pine (P. virginiana), White Oak (Quercus a/ba), Black Oak (Q. ve/utina), Southern Red Oak (Q. fa/cata), Northern Red Oak (Q. rubra), Willow Oak (Q. phellos), Mockernut Hickory (C. tomentosa), Sweetgum (Liquidambar styracif/ua), Tulip Poplar (Liriodendron tulipifera), and White Ash (Fraxinus americans). Subcanopy species occurring are Sourwood (Oxydendrum arboreum), Ironwood (Carpinus caroliniana), American Holly (Ilex opaca), Red Maple (Acer rubrum), Eastern Red Cedar (Juniperus virginiana), and Flowering Dogwood (Corpus f/orida), The shrub layer Includes Spicebush (Lindera benzoin), Autumn Olive (E/aeagnus umbellate), and Chinese Privet (Ligustrum sinense). Vines present are Periwinkle (Vinca minor), Japanese Honeysuckle (Lonicera japonica), Muscadine (Vitis rotundifolia), English Ivy (Hedera helix), and Poison Ivy (Toxicodendron radicans). The herb layer includes Christmas Fern (Po/ystichum acrostichoides), Bedstraw (Galium sp.), River Oats (Chasmanthium /atifolium), and Japanese Stiltgrass (Microstegium vimineum). Threatened & Endangered/Protected Species Results • All potential habitats for Schweinitz's Sunflower along the roadside and woods edges were examined, and the species was not observed. WEPG concludes Schweinitz's Sunflower (Helianthus schweinitzii) does not occur on the site. All potential habitats for Smooth Coneflower along the roadside and woods edges were examined, and the species was not observed. WEPG concludes Smooth Coneflower (Echinacea /aevigata) does not occur on the site. All potential habitats for Michaux's Sumac along the roadside and woods edges were examined, and the species was not observed. WEPG concludes Michaux's Sumac (Rhus michauxii) does not occur on the site. WEPG#00720 Wetlands and Environmental Planning Group Margaret Wallace Road Site - Threatened /Endangered /Protected Species Evaluation • No habitat exists on the site for Bald Eagles, and there were no sightings nor were any nesting sites observed. WEPG concludes Bald Eagle (Haliaeetus leucoceohalus) does not occur on the site. 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 identified within this basin. No individuals were observed during the survey, nor would any be expected on -site. WEPG concludes Carolina Heelsplitter (Lasmigona decorata) does not occur on the site. Comparing this site location to the USFWS Range Map for Rusty -patched Bumble Bee (https://www.fws.gov/midwest/endangered/insects/rpbb/rpbbmap.html) Mecklenburg County is in its Historic Range, and as such, Section 7 consultation is not needed. WEPG concludes Rusty -patched Bumble Bee (Bombus affinis) does not occur on the site. • Comparing this site location to the USFWS Asheville office's website (http-//www.fws.gov/asheville/htm Is/project_review/N LE B_in_WNC. htm I) WEPG concludes 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. 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, 04z,el # 1*e�l Lisa R. Gaffney Biologist May 11, 2021 6 Wetlands and Environmental Planning Group Margaret Wallace Road Site - Threatened /Endangered /Protected Species Evaluation Curriculum Vitae for: Lisa R. Gaffney Biologist/ Botanist B.S. Biology, University of North Carolina at Charlotte Ms. Gaffney is a classically trained botanist and natural resource biologist and has conducted field work and investigative studies covering thousands of cumulative acres in both North and South Carolina since 1996, including: • Discovered Schweinitz's Sunflower at Redlair Farm in Gaston County, NC. which led 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. • Located and identified numerous previously unreported populations of Federally Endangered Schweinitz's Sunflower (Helianthus schweinitzii). • Located and identified numerous previously unreported populations of Threatened Dwarf Heartleaf (Hexastylis nanif/ora). • Cabarrus County NC Natural Heritage Inventory. Organized, directed, and conducted field survey of natural areas in Cabarrus County for the North Carolina Natural Heritage Program. • Lincoln County NC Natural Heritage Inventory. Organized, directed, and conducted 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 55,000 acres in North and South Carolina, 1996 - present. • Participated in numerous Piedmont Prairie restoration projects in both North and South Carolina. Wetlands and Environmental Planning Group 7 Leonard S. Rindner, PLLC. EN Approvals / Authorizations U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2020-01277 County: Mecklenburg U.S.G.S. Quad: NC- Mint Hill NOTIFICATION OF JURISDICTIONAL DETERNIINATION Requestor: Land Investment Resources Philip Haves Address: 3440 Torin0on Way STE 205 Charlotte, NC 28277 Telephone Number: 704-614-9531 E-mail: pmhayes(&Iandinvestmentresou rces.com Size (acres) 10.34 Nearest Town Matthews Nearest Waterway McAlpine Creek River Basin Santee USGS HUC 03050103 Coordinates Latitude: 35.1702 Longitude:-80.7103 Location description: The review area is located on the northwest side of Margaret Wallace Road; approximately 0.3 miles south of the intersection of Margaret Wallace Road and Idlewild Road. PIN: 19304324. Reference review area description shown in Jurisdictional Determination Request package entitled "Figure 1, Vicinity Map" and Dated 03/30/2020. Indicate Which of the Following Apply: A. Preliminary Determination ® There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The waters, including wetlands have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. The approximate boundaries of these waters are shown on the enclosed delineation map dated 6/15/2020. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. ❑ There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the waters, including wetlands have not been properly delineated, this preliminary jurisdiction determination may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an effective presumption of CWA/RHA jurisdiction over all of the waters, including wetlands at the project area, which is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters, including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. B. Approved Determination ❑ There are Navigable Waters of the United States within the above described project area/property subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ There are waters, including wetlandson the above described project area/property subject to the permit requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ We recommend you have the waters, including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. ❑ The waters, including wetlands on your project area/property have been delineated and the delineation has been verified by the Corps. The approximate boundaries of these waters are shown on the enclosed delineation map dated DATE. We strongly SAW-2020-01277 suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. ❑ The waters, including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below onDATE. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ There are no waters of the U.S., to include wetlands, present on the above described project area/property which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in Morehead City, NC, at (252) 808-2808 to determine their requirements. Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or placement of structures, or work within navigable waters of the United States without a Department of the Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Bryan Roden -Reynolds at 704-510-1440 or brvan.roden-rynolds( )usace.army.mil. C. Basis For Determination: Basis For Determination: See the preliminary jurisdictional determination form dated 07/27/2020. D. Remarks: None. E. Attention USDA Program Participants This delineation/deternimation has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/deternimation may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Phillip Shannin, Review Officer 60 Forsyth Street SW, Room 10M15 Atlanta, Georgia 30303-8801 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by Not applicable. **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.** Corps Regulatory Official: RODEN REYNOLDS.BRYAN.KENNETH.1263385574 Digitally signed by RODEN REYNOLDS.BRYAN.KENNETH.1263385574 Date: 2020.07.27 0839:42-04'00' Date of JD: 07/27/2020 Expiration Date of JD: Not applicable SAW-2020-01277 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 http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0 Copy furnished: Agent: Wetlands and Environmental Planning Grout) Daniel Kuefler Address: 10612-D Providence Road Charlotte, NC 28277 Telephone Number: 336-554-2728 E-mail: daniel.kuefler( )wetlands-et)g.com Property Owner: Linda McCarver Address: 14221 Thompson Rd Charlotte, NC 28227 Telephone Number: 7048474230 E-mail: Not provided NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: Land Investment Resources, Phi1i Ha es File Number: SAW-2020-01277 Date: 07/27/2020 Attached is: See Section below INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A PROFFERED PERMIT (Standard Permit or Letter of permission) B PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D ❑X PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at or http://www.usace.army.miUMissions/CivilWorks/ReaulatoryProgramandPenuits.asi) OZI& Corps regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision and/or the If you only have questions regarding the appeal process you may appeal process you may contact: also contact: District Engineer, Wilmington Regulatory Division Mr. Phillip Shannin, Administrative Appeal Review Officer Attn: Bryan Roden -Reynolds CESAD-PDO Charlotte Regulatory Office U.S. Army Corps of Engineers, South Atlantic Division U.S Army Corps of Engineers 60 Forsyth Street, Room 1 OM15 8430 University Executive Park Drive, Suite 615 Atlanta, Georgia 30303-8801 Charlotte, North Carolina 28262 Phone: (404) 562-5137 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15-day notice of any site investigation, and will have the opportunit to participate in all site investi ations. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: Bryan Roden -Reynolds, 69 Darlington Avenue, Wilmington, North Carolina 28403 For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Phillip Shannin, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: 07/27/2020 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Land Investment Resources, Philip Hayes, 3440 Toringdon Way STE 205, Charlotte, NC 28277 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, LIR - Margaret Wallace rd, SAW-2020-01277 D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The review area is located on the northwest side of Margaret Wallace Road; approximately 0.3 miles south of the intersection of Margaret Wallace Road and Idlewild Road. PIN: 19304324. Reference review area description shown in Jurisdictional Determination Request package entitled "Figure 1, Vicinity Map" and Dated 03/30/2020. (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: NC County: Mecklenburg City: Matthews Center coordinates of site (lat/long in degree decimal format): Latitude: 35.1702 Longitude:-80.7103 Universal Transverse Mercator: Name of nearest waterbody: McAlpine Creek E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ®Office (Desk) Determination. Date: 07/23/2020 ❑ Field Determination. Date(s): TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION Feature Latitude Longitude Estimated Type of aquatic Geographic authority to (decimal (decimal amount of resources (i.e., which the aquatic degrees) degrees) aquatic wetland vs. non- resource "may be" resources in wetland waters) subject (i.e., Section 404 review area or Section 10/404) (acreage and linear feet, if applicable Stream A 35.1708 -80.7135 288 feet Non -Wetland 404 Stream B 35.1709 -80.7141 101 feet Non -Wetland 404 Stream C 35.1707 -80.7136 12.6 feet Non -Wetland 404 Wetland D 35.1703 -80.7113 0.01 acre Wetland 404 1. The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an approved JD (AJD) for that review area based on an informed decision after having discussed the various types of JDs and their characteristics and circumstances when they may be appropriate. 2. In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre- construction notification" (PCN), or requests verification for a non -reporting NWP or other general permit, and the permit applicant has not requested an AJD for the activity, the permit applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit authorization based on a PJD, which does not make an official determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an AJD could possibly result in less compensatory mitigation being required or different special conditions; (3) the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) undertaking any activity in reliance upon the subject permit authorization without requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AID or a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it becomes appropriate to make an official determination whether geographic jurisdiction exists over aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic resources in the review area, the Corps will provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that there "may be" waters of the U.S. and/or that there "may be" navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the review area that could be affected by the proposed activity, based on the following information: SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items are included in the administrative record and are appropriately cited: ® Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Map: Figures 1-7 ® Data sheets prepared/submitted by or on behalf of the PJD requestor. Datasheets: ® Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. Rationale: ❑ Data sheets prepared by the Corps: ❑Corps navigable waters' study: ❑ U.S. Geological Survey Hydrologic Atlas: ❑USGS NHD data: ❑ USGS 8 and 12 digit HUC maps: ®U.S. Geological Survey map(s). Cite scale & quad name: Figure 3, USGS May (1:24,000 Mint Hill, NC) ®Natural Resources Conservation Service Soil Survey. Citation: Figure 4, Soil Manuscript May (Soil Survey of Mecklenburg County Dated 1980) ❑ National wetlands inventory map(s). Cite name: ❑ State/local wetland inventory map(s): ® FEMA/FIRM maps: Figure 5 3/30/2020 ❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929) ® Photographs: ® Aerial (Name & Date): Figure 1, Vicinity Map (Dated 03/30/2020) and Figure 2, Aerial Map (Polaris 3G Online GIS) or ® Other (Name & Date): Photographs 1-4 (Dated 06/15/2020) ❑ Previous determination(s). File no. and date of response letter: ® Other information (please specify): Figure 5, Buffer Map (Dated 03/30/2020), Figure 6, Parcel Map (Dated 03/30/2020), Figure 7, Delineation May (Dated 06/15/2020), and Stream Reach Evaluation Forms (Dated 06/15/2020) IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for later iurisdictional determinations. 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