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HomeMy WebLinkAbout20170113 Ver 1_401 Application_20170117Wetlands and Environmental Planning Group Mr. Jason Randolph 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 Mooresville, 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 St. Asheville, NC 28801 January 20, 2017 Leonard S. Rindner, PLLC. /0170113 tr L ���` .)NN 2 4 2017 Subject: SAW -2016 -01541 --Request for Pre -Construction Notification for NWP 29 and Final Approved Jurisdictional Determination for the Moore Farm Site, Indian Trail, Union County, NC Ms. Higgins, and Messrs. Randolph, Johnson, and Hamstead, Enclosed is a request for Nationwide Permit #29 and Final Approved Jurisdictional Determination associated with the proposed Moore Farm site in Indian Trail, Union County, NC. Site visits were conducted to review and confirm WEPG's delineation on November 10th and December 1 st by Alan Johnson of NCDEQ and Mr. Jason Randolph of the USACE, respectively. The three open water ponds on the site were determined to be non jurisdictional since they were agricultural ponds excavated in high ground. As detailed in the attached Delineation Map, the site consists of one perennial and two intermittent stream channels and one abutting wetland. Please refer to accompanying Jurisdictional Determination section for additional information on site surface waters. 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 (828)708-7059 len.rindner((ilwetlands-epg.com 1 amanda.jones@wetlands-epg.com Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. Due to the locations of the onsite jurisdictional surface water features, complete avoidance of impacts was not practicable. Impacts to site surface waters associated with the proposed development were limited through site selection location and design location/orientation of the proposed lots, access routes, and existing/proposed utilities. Proposed permanent impacts associated with the project total approximately 0.041 acres of onsite wetlands (Wetlands K/KK) and approximately 140 linear feet of seasonal streams (R -PW H). Specifically, the proposed impacts to jurisdictional waters are associated with fill and grading for construction of stormwater facilities and roadway access. Temporary impacts total 55 linear feet and are associated with excavation for a proposed sewer line crossing and temporary fill for stabilization of the streambanks following the removal of a culvert. Temporary impacts proposed for the sewer line crossing are approximately 20 linear feet. Temporary impacts anticipated from the removal of the existing culvert are approximately 35 linear feet. Matting and temporary stabilization will be installed to limit erosion and reestablish vegetation along the banks. A Conceptual Restoration Plan is attached and provides details for the stabilization of stream banks at the culvert removal location. Due to the minimal impacts associated with the proposed project, no compensatory mitigation is being proposed for the anticipated permanent impacts. Also enclosed is a copy of our Threatened/Endangered Species Evaluation for the site in which no listed species were identified within the project area therefore 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. We believe that the site plan has been designed to avoid and minimize impacts to aquatic resources on the site while still providing needed access to develop the site as proposed. Please contact me if you have any questions, (828) 708-7059 or email at amanda.ionesgwetlands- epg_com. Sincerely, OIUVI-- Amanda Jones Regulatory Specialist Heath Caldwell Environmental Scientist 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 (828)708-7059 len.rindner@wetlands-epg.com 2 amanda.jones@wetlands-epg.com Permit Application W A T V� G > _ o � < Office Use Only: Corps action ID no. 2016-01541 DWQ project no. Form Version 1.4 January 2009 Page 1 of 10 PCN Form — Version 1.4 January 2009 Pre -Construction Notification (PCN) Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: ❑X Section 404 Permit ❑ Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: 29 or General Permit (GP) number: 1 c. Has the NWP or GP number been verified by the Corps? ❑ Yes ❑X No 1 d. Type(s) of approval sought from the DWQ (check all that apply): ❑X 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ❑ Yes ❑X No For the record only for Corps Permit: ❑ YesX❑ 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. ❑ Yes ❑X No 1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. N Yes NX No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ❑ No 2. Project Information 2a. Name of project: Moore Farms Site 2b. County: Union 2c. Nearest municipality / town: Indian Trail 2d. Subdivision name: 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: Multiple parcels (see attached map) - recently purchased by applicant 3b. Deed Book and Page No. 3c. Responsible Party (for LLC if applicable): 3d. Street address: 3e. City, state, zip: 3f. Telephone no.: 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: New owner 4b. Name: Mel Graham 4c. Business name (if applicable): Graham Enterprises of the Carolinas LLC 4d. Street address: 2701 Coltsgate Road, Suite 300 4e. City, state, zip: Charlotte, NC 28211 4f. Telephone no.: 704-552-5338 4g. Fax no.: 4h. Email address: mel@grahamenterprises.org 5. Agent/Consultant Information (if applicable) 5a. Name: Amanda Jones 5b. Business name (if applicable): Leonard S. Rindner, PLLC - Wetlands & Environmental Planning Group 5c. Street address: 1070 Tunnel Road, Building 1, Suite 10, PMB 283 5d. City, state, zip: Asheville, NC 28803 5e. Telephone no.: 828-708-7059 5f. Fax no.: 5g. Email address: amanda.jones@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): Multiple parcels- please see attached Parcel Map 1 b. Site coordinates (in decimal degrees): Latitude: 35.036 Longitude: -80.6798 1 c. Property size: 96.16 acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: Davis Mine Creek 2b. Water Quality Classification of nearest receiving water: Class C 2c. River basin: 03050103 Catawba 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: A majority of the site is composed of vacant, fallow fields and horticultural fields with forested areas on the periphery of site. General land use in the vicinity consists of residential and agricultural development. 3b. List the total estimated acreage of all existing wetlands on the property: 0.095 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 1,899 3d. Explain the purpose of the proposed project: Fill and grading for roadway access and construction of stormwater facilities for proposed 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, trackhoe, dump trucks, 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: SAW -2016-01541 4b. If the Corps made the jurisdictional determination, what type of determination was made? ❑ Preliminary ❑X Final 4c. If yes, who delineated the jurisdictional areas? Name (if known): N. Nelson/H.Caldwell Agency/Consultant Company: WEPG Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. Site visit was conducted by Jason Randolph on 11/15/2016 to confirm WEPG's delineation in which findings/determinations are included for final approved determination. 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 Q 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 0.041 W2 - Choose one Choose one Yes/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: 0.041 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 P Culvert RPW H INT Corps 5 140 S2 T Excavation RPW H INT Corps 5 20 S3 T Stabilization RPW H INT Corps 5 35 S4 - Choose one - - S5 - Choose one - - S6 - Choose one 3h. Total stream and tributary impacts 195 3i. Comments: Culvert will total 140 If of total stream impacts for roadway crossing. 55 If of temporary impacts includes 35 If for stream bank stabilization at proposed culvert removal and 20 If for proposed sanitary sewer line crossing. 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 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. 5d. 5e. Wetland Impacts (acres) Stream Impacts (feet) 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. The site plan was designed to avoid onsite surface water features to the maximum extent practicable while still incorporating necessary site development and viable access. Impacts to site surface waters associated with the proposed development were limited through site location, plan design and location/orientation of lots, and access routes. Of the 1,899 linear feet of onsite streams and the 0.95 acres of onsite wetlands, only 140 linear feet of stream and 0.041 acres of wetlands will be impacted as part of this project. 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? ❑ Yes Q No 2b. If yes, mitigation is required by (check all that apply): ❑ DWQ ❑ Corps 2c. If yes, which mitigation option will be used for this project? ❑ Mitigation bank El 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. ❑ 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: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Page 6 of 10 PCN Form — Version 1.4 January 2009 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? Yes QX No 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund). 6h. Comments: Page 7 of 10 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 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? 28.3% 2b. Does this pro'ect require a Stormwater Management Plan? 0 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: Stormwater on the site will be handledttreated by BMPs as shown on the attached plans. The stormwater plan has not been submitted/approved by Union County but has been designed to meet their criteria. 2e. Who will be responsible for the review of the Stormwater Management Plan? Union County 3. Certified Local Government Stormwater Review 3a. In which localgovernment's jurisdiction is thisproject? Union County ❑X Phase II ❑ NSW 3b. Which of the following locally -implemented stormwater management programs E] 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 ❑X No use of public (federal/state) land? 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State El Yes ❑ No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1 c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (if so, attach a copy of the NEPA or SEPA final approval ❑ Yes ❑ No letter.) Comments: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, E] Yes Eg No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after -the -fact permit application? ❑Yes 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 Eg 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 ❑ Yes ❑X No impacts? 5c. If yes, indicate the USFWS Field Office you have contacted. - 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? A threatened/endangered species assessment was conducted in which no species were identified. Habitat does exist for the Northern Long Eared Bat but the project is exempt as noted in the cover letter. Report is included 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes ❑X No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? No essential fish habitat in this region. 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation ❑ Yes ❑X No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? SHPO's website: http://gis.ncdcr.gov/hpoweb/ 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA -designated 100 -year floodplain? ❑X Yes ❑ No 8b. If yes, explain how project meets FEMA requirements: No grading or fill will occur within the designated floodplain as part of this project. 8c. What source(s) did you use to make the floodplain determination? hftp://gis-web.co.union.nc.us/gomaps/# Digitally signed by Heath Caldwell Heath Caldwell ou, rn=Heath Caldwell,o=WEPG, ou, email=heath.caldwell(c�wetlands Heath Caldwell e c=US 01-19-2017 ate: 201 Date: 2017.07.17 08:55:18 -05'00' Applicant/Agent's Printed Name Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant isprovided.) Page 10 of 10 Wetlands and Environmental Planning Group Anent 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: Moore Farm Site Property Address: 3401 Waxhaw Indian Trial Road, Indian Trail, NC 28079 Parcel Identification Number (PIN): Multiple parcels - See attached parcel map. Select one: 1 am an interested buyer/seller Name: Mel Graham Company: Graham Enterprises of the Carolinas, LLC Mailing Address: 2701 Coltsgate Road, Suite 300, Charlotte, NC 28211 Telephone Number: 704-552-5338 Electronic Mail Address: mel@grahamenterprises.org r�oqfflyym� Property Owner / Interested Buyer* / Other' Date * The Interested Buyer/Other acknowledges that an agreement and/or formal contract to purchase and/or conduct due diligence activities exists between the current property owner and the signatory of this authorization in cases where the property is not owned by the signatory. Charlotte Office: www.wetiands-epg.com Asheville Office: 10612-D Providence Rd. 1070 Tunnel Rd.. Bldg. I PMB SSO Suite 10, PMB 283 Charlotte. NC 28277 Asheville. NC 28805 (704)904-2277 (828)708-7059 len.rindner@wetlands-epg.com 2 amanda.lones@wetlands-epg.com N c N NEI Maps/Plans heet 2 of 17 MOORE FARM Union Co., NC AERIAL MAP — WATERS OF THE U.S. EXISTING CONDITIONS STUDY SUBJECT TO USA CEINCDEQ VERIFICATION Drawn By: Reviewed By: HAC LSR DATE: / 7/6/16 d 1 g. 00, -' CREEK IL 4 w ` i• �� `� DAVIS MINE CREEKIn I National GecgraoicScoe,, t-c-:;tc' USGS QUAD Matthews, NC M�-RL„UL 96.16 jSheet 3 of6/ 17 n �,� �� I MOORE FARM Union Co., NC USGS MAP — WATERS OF THE U.S. EXISTING CONDITIONS STUDY SUBJECT TO USACE/NCDEQ VERIFICATION LOCATION Lat: 35.U3b `-'N Long: -80.6798 °W H UC: 03050103 LOWER CATAWBA Drawn By: Reviewed By: HAC LSR DATE: 7/7/16 WyB.' Bd! BdC2 ' Bd C 2--- / 1� • Wetlands and Environmental Planning Group Leonard S. Rindner. PLLC. len.rindner@wetlands-epg,com (704)904-2277 www.wetiands-epg.com GsB BaB .w BdC2 dC Properties recently purchased and is now owned by: Mel Graham Graham Enterprises of the Carolinas, LLC .i - PID# M7120012 7 PID# M7120014 PID# M7120013 PID# N7120014 PID# 07138003A PID# N7120013 � PIQ# M7120014 -�� PID# N7120014 LTATJ 1 Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. len.rindner@wetlands-epg.com (704) 904-2277 www.wetlands-epg.com (formerly) Elizabeth Moore 319 North 27"' Street Wilmington, NC 28405 (formerly) Pitt Moore 3401 Waxhaw Indian Trail Indian Trail, NC 28079 1 Flow Path: Jurisdictional features on the site flow into Price Mill Creek, to East Fork -- l,ol F " Twelvemile Creek, to Twelvemile Creek, then to the Catawba River (TNW). Xt G6 , c `-, � i t j SVD � , /J �� � j,�, r �r� • i � -'� � ; rP•. � 7Nou„ 0 44. 'U 4- _171_1 1 b i , y , : • , �i V� ;rte . ; . -. ► - � -� - f - Legend y t� C, x ,.J rr .. a 1 L.- i �.� Flow Path Project Boundar, Sheet 7 of MOORE FARM Drawn By: Reviewed By: 17 r Pr. Union Co., NC HAC LSR Navigation Pathway Map *Approximate boundary DATE: 7/7/16 WATERS OF THE US RPW H 821 LF/0.11 ACRES EXIST. 30' PERMANENT SANITARY SEWER EASEMENT ENGINGERLNG 2013 Van Buren Ave., Suite A Indian Trail, NC 28079 (704) 8824222 www.eagleonline.net o EXISTING p HOUSE EXISTING CULVERT J '1 z e i 0 z I x 3 u x W SSMH RIM 601.22 WATERS OF THE US RPW C 157 LF/0.03 ACRES S M H' =�— -� RIM 59 .93 S H RIM 597. 3 SSMH T RIM 597.07 WATERS OF THE US RPW 921 LF/0.32 ACREB WATERS OF THE US ABUTTING WETLAND K/KK 0.95 ACRES EXISTING CONDITIONS MAP SCALE' 1.,-500' JOB NAME: MOORE FARMS APPLICANT: GRAHAM ENTERPRISE LOCATION: JOB NUMBER: 5750 WAXHAW INDIAN TRAIL RD UNION CO. N.C. EXIST. 30' PERMANENT SANITARY SEWER EASEMENT GRAPHIC SCALE 0 500' 1000' ( IN FEET ) 1 inch = 5oo ft. Sheet 8 of 17 PROP. TEMP. PROP. STREAM IMPACT AREA -1 STREAM IMPACT -3 140± LF DISTURBANCE PROP. WET 35± LF DISTURBANCE 2-72" CMP WITH HEADWALLS POND "REFERENCE CONCEPTUAL E STREAM STABILIZATION PLAN PROP. 20' S.S. ESMT. c BY WEPG" PROP. WET AN��— IMPACT AREA -1 rw000 LN. ----- J - - - I (0.041 AC/1,805 SF) $ `` �N PROP. Z V MOORE FARM ►.,, SUBDIVISION 3 ±96.16 ACRES P P W STREAM 20± LF DISTURBANC POND PROP. • •P•./�� EXIST. 20' PERMANENT SANITARY SEWER A EASEMENT E ENGIN ERLNG 2013 Van Buren Ave., Suite A Indian Trail, NC 28079 (704)882-4222 www.eagleonline.net PROP. WET ii POND II 1� PROP. 20' I S.S. ESMT. I ' / PROP. WET POND OVERALL SITE PLAN SCALE: 1�=500' JOBNAME: MOOREFARMS APPLICANT: GRAHAM ENTERPRISE LOCATION: JOB NUMBER: 5750 WAXHAW INDIAN TRAIL RD UNION CO. N.C. GRAPHIC SCALE 0 500' 1000' ( IN FEET ) 1 inch = 500 ft. Sheet 9 of 17 W ct f PROP:- SEGMENTAL r 1 0 �Z, BLOCK WALL f o _ _ IONS ��ssos. o ♦y `STREAM IMPACT ARE 1 log 0± T 6�BANC� s 1� DIS co w- SS 67y 613 / l h 6?0 A, — r / 61` •" 616 ," �� - _--- 1 \ -- N 618 620 2 ,,, .'• 620 ♦r / 9+00 of M,O RE FARM — N —15708 s2p PAR', / szo % ROP. SEGMENTAL 620 LOCK WALL , 624 tiV iI I',, 618 619' 618 616 ' 105 v 615 0 \ \ +` 1' 61377 a�cV rn t%s \ co EG L F STREAM CROSSING #1 PROP. 40'Wx38'Lx12°D GRAPHIC SCALE E N 1 N ERI Cbi DUAL CULVERT - IMPACT AREA RIP RAP APRON. 040' 80' ELEVATION ABOVE SCALE : "-40'ORDINARY HIGH JOB NAME: MOOREFARMS ( IN FEET ) 2013 Van Buren Ave., Suite A APPLICANT: GRAHAM ENTERPRISE LOCATION: WATER MARK Indian Trail, NC 28079 5750 WAXHAW INDIAN TRAIL RD (NO IMPACT) 1 inch = 40 ft. JOB NUMBER: (704) 882-4222 UNION CO. N.C. Sheet 10 of 17 www.eagleonline.net E A G L E ENG1] IEERING 2013 Van Buren Ave., Suite A Indian Trail, NC 28079 (704)882-4222 www.eagleonline.net STREAM CROSSING #2 8" S.S. TEMP. IMPACT AREA SCALE: 1"=40' JOB NAME: MOORE FARMS APPLICANT: GRAHAM ENTERPRISE LOCATION: JOB NUMBER: 5750 WAXHAW INDIAN UNION CO. N.C. GRAPHIC SCALE 0 40' 80' ( IN FEET ) I inch = 40 ft. 620 620 PROP ADEATCENTERLINE 615 A 615 -125:E iI Q21= 0 i 610 610 i A 125±L 7211CM 0.,,;0% 605 / SLOPE (BURIED 1.(?') 0 605 602 ,Z)� •— Lq o� e— O � O (Np o N � 602 0+00 1+00 2+00 3+00 EA "a NGIN GER LN STREAM CROSSING #1 VERTICAL DUAL CULVERT - CROSS-SECTION GRAPHIC SCALE SCALE SCALE: 1'=40' ( IN FEET ) JOB NAME: MOORE FARMS 401 8I 1 inch = 4' ft. 2013 Van Buren Ave., Suite A APPLICANT: GRAHAM ENTERPRISE LOCATION: Indian Trail, NC 28079 JOB NUMBER: 5750 WAXHAIN INDIAN TRAIL RD ( IN FEET ) (704) 882-4222 UNION CO. N.C. 1 inch = ao ft. Sheet 12 of 17 www.eagleonline.net 620 PROPOSED SEGMENTAL BLOCK WALL 615 610 605 602 PROPOSED �/�RAI�F /d•1) -0+25 0+00 ENANGEA 2013 Van Buren Ave., Suite A Indian Trail, NC 28079 (704)882-4222 www.eagleonline.net 1+00 STREAM CROSSING #1 DUAL CULVERT - PROFILE SCALE: 1'=40' JOBNAME: MOOREFARMS APPLICANT: GRAHAM ENTERPRISE LOCATION: JOB NUMBER: 5750 WAXHAW INDIAN UNION CO. N.C. 620 )@±0.50% 3MENTAL 615 610 2+00 2+25 605 602 O VERTICAL GRAPHIC SCALE SCALE ( IN FEET ) 0 40' 80' 1 inch = 4' ft. 0 ( IN FEET) Sheet 13 of 17 1 inch = 40 ft. ME -,__ • • __E �-- himmm M� imm�mI�I Iv/mmm m IImmmm�I mmCID �� •SLOPE • -4, , „ co -0+25 0+00 ENANGEA 2013 Van Buren Ave., Suite A Indian Trail, NC 28079 (704)882-4222 www.eagleonline.net 1+00 STREAM CROSSING #1 DUAL CULVERT - PROFILE SCALE: 1'=40' JOBNAME: MOOREFARMS APPLICANT: GRAHAM ENTERPRISE LOCATION: JOB NUMBER: 5750 WAXHAW INDIAN UNION CO. N.C. 620 )@±0.50% 3MENTAL 615 610 2+00 2+25 605 602 O VERTICAL GRAPHIC SCALE SCALE ( IN FEET ) 0 40' 80' 1 inch = 4' ft. 0 ( IN FEET) Sheet 13 of 17 1 inch = 40 ft. 61( 60( -. off- Ir co J EXIS ELD I I , 107.47' of 8' PVC ® 0.50% 158.x' of PROPOSED OPE CUT INS MLLATI N 595- 0+00 NEE 2013 Van Buren Ave., Suite A Indian Trail, NC 28079 (704) 882-4222 w --ea m-111wrist 1+00 STREAM CROSSING #2 8' S.S. PROFILE & CROSS-SECTION SCALE. 1W0' JOB NAME NIOO/tEFARM$ APPLICANT. QRAKW ENTERPRISE LOCATION. JOB NUMBER SM WAXHAWINOIAN7A !INION CO. N.C. 60( 59: n-&77 0+71.64 IO T. CL CATION TREAM T W. 8" DIP =@ )SSING i5 VERTICAL GRAPHIC SCALE SCALE ( IN FEET ) 0 �� 1 inch = 4' ft. 0 ( IN FEET) Sheet 14 of 17 1 inch = 40 ft. EXIS ELD OFS PR( S.S. PIP CRI 5.1 0+71.64 IO T. CL CATION TREAM T W. 8" DIP =@ )SSING i5 VERTICAL GRAPHIC SCALE SCALE ( IN FEET ) 0 �� 1 inch = 4' ft. 0 ( IN FEET) Sheet 14 of 17 1 inch = 40 ft. t , %V, Y Wim.%;i N CD I w M mjr� 605 :x SCALE: VX 00 627 ED 621 \ (n S ENGINEERING 2013 Van Buren Ave., Suite A Indian Trail, NC 28079 (704)882-4222 I / = v \ 617 7r62 / 110 � _ I J 614 N � 620 s�� PROP. WETLAND IMPACT AREA 1 0.041 ACRES ( 1,805 S.F) 620 6'> 6' 6b 6;,j 610 �^ ItY 1 1 1"V / 'O 674 ,,AA 6;? —4Q' SS ESMT v --26—SS E�T - 608 .603- 607 601 WETLANDS IMPACT �=60' JOB NAME: APPLICANT: MOOREFARMS GRAHAM ENTERPRISE LOCATION: JOB NUMBER: 5750 WAXHAW INDIAN TRAIL RD UNION CO. N.C. No I WET BASIN -4 612 � � I N \ (n GRAPHIC SCALE 0 60' 120' ( IN FEET ) 1 inch = 60' ft. Sheet 15 of 17 d'r 634 �, °' _, N v I w711 5 � N�1 N IO 011% it W � N o 15" 11 T� rn INV. 607. I/ `14LC _ N � 7 i N O e p 8 i 15" DI 1 INV. 606.81 9 co ENGINEERING 2013 Van Buren Ave., Suite A Indian Trail, NC 28079 (704) 882-4222 www.eagleonline.net CP N co O � N �- ROP. P STREAM IMPACT —3 ±35 LF DISTURBANCE (AREA WILL BE RESTORED TO rPRE—CONSTRUCTION CONTOURS) "REFERENCE CONCEPTUAL STREAM ..__STABI,LIZATION PLAU BY WgPG" O N I / O ` � co \ 618 61) o STREAM CROSSING #3 15" CULVERT TEMP. IMPACT AREA SCALE: I'=60' JOBNAME: MOOREFARMS APPLICANT: GRAHAM ENTERPRISE LOCATION: JOB NUMBER: 5750 WAXHAW INDIAN TRAIL RD UNION CO. N.C. l i i ob GRAPHIC SCALE 0 60' 120' ( IN FEET ) 1 inch = 60' ft. LEGEND IMPACT AREA 62S 622 Sheet 16 of 17 CENTER LINE H- I I I 2:1 SLOPE LIVE STAKES/ CONTAINER _ 2 12" COIR 1 r V FIBER LOG _ TOE OF SLOPE OVERALL PROJECT GOALS SEED & STRAW NATIVE SEED MIX AND REPLANT TREES IN DISTURBED AREAS DISTURBED AREA TO BE SEEDED (NATIVE MIX), MATTED & PLANTED 13' ON CENTER - FROM TOP OF SLOPE TO TOE OF SLOPE) (1) STABILIZE ERODING AREAS W/COIR FIBER BLANKET (2) INSTALL COIR FIBER LOGS AT TOE OF SLOPE (3) RE-ESTABLISH NATIVE VEGETATION W/SEED & LIVE STAKE/CONTAINERIZED MATERIAL (Nov '16-M arch '17) Materials List: 1. Coir Fiber Logs: Diam. 12", Length 10' 2. Wooden Stakes: Length 3' 3. Erosion Fabric: Coir Fiber Matting — NO PLASTIC 4. Sod Pins: 1,000+ Sheet 17 of 17 SEED, MAT & * PLANT FROM TOP \, % OF BANK TO TOE / OF SLOPE 2 r T� 605, D ,i i �' I % SEED &STRAW 00 V �` / / NATIVE SEED MIX AND ! COIR FIBER LOGS /� REPLANTTREES IN I DISTURBED AREAS Live Stakes/Containerized Material (3' on center): Cornus amomum (Silky Dogwood), Salix caroliniana (Carolina Willow), Salix sericea (Silky Willow), Sambucus canadensis (Elderberry), Symphoricarpos orbiculatus (Coralberry) (Native Stabilization Seed Mix (20-251bs. per acre): Elymus virginicus (Virginia wild rye), Tripsacum dactyloides (Eastern gammagrass), Panicum virgatum (Switchgrass),.Agrostis scabra (Rough bentgrass), Carex vulpinoidea (Fox sedge), Tridens flavus (Purple top), Schizachvr•ium scoparium (Little bluestem), Coreopsis lanceolata (Lance leaf tickseed), Sorghastrum nutans (Indian grass), Elymus hystr•ix (Bottlebrush grass) I Festuca ovina var. duriuscala (Hard Fescue), Rudbeckia hirta (Blackeyed Susan) MOORE FARM Union Co., NC ENHANCEMENT MAP — WATERS OF THE U.S. EXISTING CONDITIONS STUDY SUBJECT TO USACEiNCDEQ I ERIFICATION Drawn By: Reviewed By: NRN LSR DATE: / 1/18/17 O .4-J c� .E v 4 v w .jurisdictional Determination Information Jurisdictional Determination Request 0 US Army Corps of Englnasrs Wilmington District This form is intended for use by anyone requesting a jurisdictional determination (JD) from the U.S. Army Corps of Engineers, Wilmington District (Corps). Please include all supporting information, as described within each category, with your request. You may submit your request to the appropriate Corps Field Office (or project manager, if known) via mail, electronic mail, or facsimile. A current list of county assignments by Field Office and project manager can be found on-line at: http://www.saw.usace.army.miI/Missions/Re ug latoEXPermitPro rg_am_aspx , by telephoning: 910-251-4633, or by contacting any of the field offices listed below: ASHEVILLE REGULATORY FIELD OFFICE US Army Corps of Engineers 151 Patton Avenue, Room 208 Asheville, North Carolina 28801-5006 General Number: (828) 271-7980 Fax Number: (828) 281-8120 RALEIGH REGULATORY FIELD OFFICE US Army Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 General Number: (919) 554-4884 Fax Number: (919) 562-0421 WASHINGTON REGULATORY FIELD OFFICE US Army Corps of Engineers 2407 West Fifth Street Washington, North Carolina 27889 General Number: (910) 251-4610 Fax Number: (252) 975-1399 WILMINGTON REGULATORY FIELD OFFICE US Army Corps of Engineers 69 Darlington Avenue Wilmington, North Carolina 28403 General Number: 910-251-4633 Fax Number: (910) 251-4025 Jurisdictional Determination Request INSTRUCTIONS: All requestors must complete Parts A, B, C, D, E and F. NOTE TO CONSULTANTS AND AGENCIES: If you are requesting a JD on behalf of a paying client or your agency, please note the specific submittal requirements in Part G. NOTE ON PART D — PROPERTY OWNER AUTHORIZATION: Please be aware that all JD requests must include the current property owner authorization for the Corps to proceed with the determination, which may include inspection of the property when necessary. This form must be signed by the current property owner to be considered a complete request. NOTE ON PART D - NCDOT REQUESTS: Property owner authorization/notification for JD requests associated with North Carolina Department of Transportation (NCDOT) projects will be conducted according to the current NCDOT/USACE protocols. NOTE TO USDA PROGRAM PARTICIPANTS: Corps approved and preliminary JDs identify the limits of CWA (and RHA, if applicable) jurisdiction for the particular site identified in your request. The JD may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. Jurisdictional Determination Request A. PARCEL INFORMATION Property Information Moore Farm Site Address: Waxhaw Indian Trial Road, Indian Trail, NC 28079 County: Union From the 1485 and US -74 intersection southeast of Charlotte, take exit 51B to US -74 south and travel 2.7 miles to N. Indian Trail Road. Directions: Turn right onto N. Indian Trail Road and travel 1.5 miles to Waxhaw Indian Trail Road. Travel two miles and the site will be on your left. Parcel Index Number (PIN): M7120012, M7120013, M7120014, N7120012, N7120014, N7120013, and 07138993A B. REQUESTOR INFORMATION Name: Leonard S. Rindner, PLLC, Wetlands & Environmental Planning Group (WEPG) Mailing Address: 10612-D Providence Road, PMB 550, Charlotte NC 28277 Telephone Number: 704-904-2277 Electronic Mail Address: len.rindner a,wetlands-e .com Select one: I am the current property owner. I am an Authorized Agent or Environmental Consultant Interested Buyer or Under Contract to Purchase ❑ Other, please explain. 7 Name: Graham Enterprises of the Carolinas LLC Mailing Address: 2701 Coltsgate Road Suite 300, Charlotte, NC 28211 Telephone Number: 704-552-5338 Electronic Mail Address 3: Mel@grahamenterprises.org Select one: ❑✓ I am the current property owner. ❑ I am an Authorized Agent or Environmental Consultant4 H Interested Buyer or Under Contract to Purchase Other, please explain. 1 If available 2 Must attach completed Agent Authorization Form 3 If available 4 Must attach completed Agent Authorization Form 3 Jurisdictional Determination Request E. JURISDICTIONAL DETERMINATION TYPE Select One: I am requesting that the Corps provide a preliminary JD for the property identified herein. ❑ I am requesting that the Corps investigate the property/project area for the presence or absence of WoUS6 and provide an approved JD for the property identified herein. This request does NOT include a request for a verified delineation. (proceed to F and G below). ❑ I am requesting that the Corps delineate the boundaries of all WoUS on a property/project area and provide an approved JD (this may or may not include a survey plat). I am requesting that the Corps evaluate and approve a delineation of WoUS (conducted by others) on a property/project area and provide an approved JD (may or may not include a survey plat). F. ALL REQUESTS Map of Property or Project Area (attached). This Map must clearly depict the boundaries of the area of evaluation. ✓❑ Size of Property or Project: 96.16 I verify that the property (or project) boundaries have recently been surveyed and marked by a licensed land surveyor OR are otherwise clearly marked or distinguishable. G. JD REQUESTS FROM CONSULTANTS OR AGENCIES (1) Preliminary JD Requests: ❑ Completed and signed Preliminary Jurisdictional Determination F ❑ Project Coordinates: Latitude Longitude Maps (no larger than I 1 x 17) with Project Boundary Overlay: ❑ Large and small scale maps that depict, at minimum: streets, intersections, towns e Waters of the United States ' See Appendix A of this Form. From Regulatory Guidance Letter No. 08-02, dated June 26, 2008 Jurisdictional Determination Request Aerial Photography of the project area USGS Topographic Map Soil Survey Map Other Maps, as appropriate (e.g. National Wetland Inventory Map, Proposed Site Plan, previous delineation maps, LIDAR maps, FEMA floodplain maps) Delineation Information (when applicable): Wetlands: Wetland Data Sheets Upland Data Sheets n i1 Landscape Photos, if taken Tributaries: USACE Assessment Forms Other Assessment Forms (when appropriate) Field Sketch overlain on legible Map that includes: All aquatic resources (for sites with multiple resources, label and identify) Locations of wetland data points and/or tributary assessment reaches Locations of photo stations Approximate acreage/linear footage of aquatic resources (2) Approved JDs including Verification of a Delineation: ❑✓ Project Coordinates: 35.036 N, -80.6798 W Maps (no larger than 11x17) with Project Boundary Overlay: Large and small scale maps that depict, at minimum: streets, intersections, towns Aerial Photography of the project area USGS Topographic Map Soil Survey Map Other Maps, as appropriate (e.g. National Wetland Inventory Map, Proposed Site Plan, previous delineation maps) Delineation Information (when applicable): tlands: Wetland Data Sheets Upland Data Sheets Tributaries: USACE Assessment Forms Other Assessment Forms (when appropriate) 8 Delineation information must include, at minimum, one wetland data sheet for each wetland/community type. 9 Delineation information must include, at minimum, one wetland data sheet for each wetland/community type. N Jurisdictional Determination Request Landscape Photos, if taken Field Sketch overlain on legible Map that includes: All aquatic resources (for sites with multiple resources, label and identify) Locations of wetland data points and/or tributary assessment reaches Locations of photo stations Approximate acreage/linear footage of aquatic resources Supporting Jurisdictional Information (for Approved JDs only) Approved Jurisdictional Determination Form(s) (also known as "Rapanos Form(s)") Map(s) depicting the potential (or lack of potential) hydrologic connection(s), adjacency, etc. to navigable waters. I. REQUESTS FOR CORPS APPROVAL OF SURVEY PLAT Prior to final production of a Plat, the Wilmington District recommends that the Land Surveyor electronically submit a draft of a Survey Plat to the Corps project manager for review. Due to storage limitations of our administrative records, the Corps requires that all hard- copy submittals include at least one original Plat (to scale) that is no larger than 11"x17" (the use of match lines for larger tracts acceptable). Additional copies of a plat, including those larger than 11"x17", may also be submitted for Corps signature as needed. The Corps also accepts electronic submittals of plats, such as those transmitted as a Portable Document Format (PDF) file. Upon verification, the Corps can electronically sign these plats and return them via e-mail to the requestor. Plats submitted for approval must: F] be sealed and signed by a licensed professional land surveyor ❑ be to scale (all maps must include both a graphic scale and a verbal scale) ❑ be legible ❑ include a North Arrow, Scale(s), Title, Property Information ❑ include a legible WoUS Delineation Table of distances and bearings/metes and bounds/GPS coordinates of all surveyed delineation points clearly depict surveyed property or project boundaries 7 Jurisdictional Determination Request clearly identify the known surveyed point(s) used as reference (e.g. property corner, USGS monument) when wetlands are depicted: *include acreage (or square footage) of wetland polygons *identify each wetland polygon using an alphanumeric system ❑ when tributaries are depicted: *include either a surveyed, approximate centerline of tributary with approximate width of tributary OR surveyed Ordinary High Water Marks (OHWM) of tributary *include linear footage of tributaries and calculated area (using approximate widths or surveyed OHWM) *include name of tributary (based on the most recent USGS topographic map) or, when no USGS name exists, identify as "unnamed tributary" ❑ all depicted WoUS (wetland polygons and tributary lines) must intersect or tie -to surveyed project/property boundaries ❑ include the location of wetland data points and/or tributary assessment reaches ❑ include, label accordingly, and depict acreage of all waters not currently subject to the requirements of the CWA (e.g. "isolated wetlands", "non jurisdictional waters"). NOTE: An approved JD must be conducted in order to make an official Corps determination that a particular waterbody or wetland is not jurisdictional. ❑ include and survey all existing conveyances (pipes, culverts, etc.) that transport Wous CERTIFICATION LANGUAGE ❑ When the entire actual Jurisdictional Boundar i�picted: Jurisdictional Determination Request include the following Corps Certification language: "This certifies that this copy of this plat accurately depicts the boundary of the jurisdiction of Section 404 of the Clean Water Act as determined by the undersigned on this date. Unless there is a change in the law or our published regulations, the determination of Section 404 jurisdiction may be relied upon for a period not to exceed five (5) years from this date. The undersigned completed this determination utilizing the appropriate Regional Supplement to the 1987 U.S. Army Corps of Engineers Wetlands Delineation Manual." Regulatory Official: Title: Date: USACE Action ID No.: When uplands maypresent within a depicted Jurisdictional Boundary include the following Corps Certification language: "This certifies that this copy of this plat identifies all areas of waters of the United States regulated pursuant to Section 404 of the Clean Water Act as determined by the undersigned on this date. Unless there is change in the law or our published regulations, this determination of Section 404 jurisdiction may be relied upon for a period not to exceed five years from this date. The undersigned completed this determination utilizing the appropriate Regional Supplement to the 1987 U.S. Army Corps of Engineers Wetlands Delineation Manual." Regulatory Official: Title: Date: USACE Action ID No.: GPS SURVEYS 0 Jurisdictional Determination Request For Surveys prepared using a Global Positioning System (GPS), the Survey must include all of the above, as well as: ❑ be at sub -meter accuracy at each survey point. include an accuracy verification: One or more known points (property corner, monument) shall be located with the GPS and cross-referenced with the existing traditional property survey (metes and bounds). ❑ include a brief description of the GPS equipment utilized. 10 FIGURE NO. MOORE FARM Union Co., NC DELINEATION MAP — WATERS OF THE U.S. Drawn By: Reviewed By: HAC LSR DATE: 10/18/16 Rev: 11/16/16 Jurisdictional Wetland KIKK SOUTH CAROLINA PFO DEPRESS Area 0.95 ACRE RPWWN 35.0364 -80.6811 Davis Mine Creek Jurisdictional Perennial RPW Tributary B SOUTH CAROLINA R3 Linear 921 FOOT RPW 35.0389 -80.674 Price Mill Creek Jurisdictional Seasonal RPW Tributary C SOUTH CAROLINA R4 Linear 157 FOOT RPW 35.03875 -80.6741 Price Mill Creek Jurisdictional Seasonal RPW Tributary H SOUTH CAROLINA R3 Linear 821 FOOT RPW 35.0383 -80.6821 Davis Mine Creek 1-7 El Photo 3: Seasonal RPW C Moore Farm EP Union County, NC- Photos taken on 7/6/2016 Wetlands and Environmental Planning Group Leonard S. Rindner. PLLC. i� _ ... , �. � S !y4 a \ * i ., �, �, � ....,, 4�e � �� � �, � � � 4 � ��~' nth `'�P• v �, .� r ,err � s� ` -..,.,w# � '• fes. �,.. i i � "°rrr .`: , � ,. A. =,, ._. ..o �^ � t � ._ �. . — :.'- .. •�- ,� .. , w a _.: °�� � z � * 1 � ./7 �.. ., ; . .. '� '''`} max'`' ' t a �:�a - �,�- ,„� M. � � _ ' f �,m � �' �� ..,3.` . i W _ � �. .: , ,�� - � i �.: �t � � � ��� ., ,,� ,� a .{{ .. �,: � ` � / � is ",. ip' - � y. ��,�� ; .. f -, . �. s Px �:� � � ,�. <,, ,� A. �. 1 �,� Photo 5: Open Water/Agricultural Pond Moore Farm Union County, NC - Photos taken on 7/6/2016 Wedands and Environmental Planning Group Leonard S. Rindner. PLIC. Photo 6: Open Water/Agricultural Pond Moore Farm Union County, NC - Photos taken on 7/6/2016 Wetlands and Environmental Planning Group Leonard S. Rindner. PLLC. Photo 7: Open Water/Agricultural Pond Moore Farm Union County, NC - Photos taken on 7/6/2016 Wetlands and Environmental Planning Group Leonard 5 RLndner. PLLC. k 1 -rte 5 � �..,.� 'tie •� �� '�'� L� +k""�a,,�, ^�"4'+-_. ''� a ,ef� 5 , � �,{� f ,' 17 VWM,�y/ y • "i It C+ .... .' -.tip. ... ..`--..�aa. moi' .",a. .,._ '. �' �' _.. , .`°.ra • •,. �. r ..�`, ,. NF1` Cr: .. y♦ ? a «g i k h 9 `f 4 STREAM REACH EVALUATION FORM I Date: 17/11/16 1 Evaluator: I HAC I Easting: 1-80.6846 Proiect: I Moore Farms: Waters of the US RPW B (DP1) I Northinq: 1 35.0342 Total Points: Stream is at least intermittent if > 19 or perennial if > 30' (riqht-click the purple number and left -click Update Field to summarize points) A. Geornorphology Geomorphology Absent Weak Moderate Strong SCORE 1a. Continuity of channel bed and bank 0 1 2 3 3 2. Sinuosity of channel along thalweg 0 1 2 3 2 3. In -channel structure: riffle- / step- pool sequence 0 1 2 3 3 4. Particle size of stream substrate 0 1 2 3 3 5. Active/relic floodplain 0 1 2 3 1 6. Depositional bars or benches 0 1 2 3 2 7. Recent alluvial deposits 0 1 2 3 2 8. Headcuts 0 1 2 3 0 9. Grade controls 0 0.5 1 1.5 1 10. Natural valley 0 0.5 1 1.5 1.5 11. Second or greater order channel No = 0 1 Yes = 3 0 Geomorphology Subtotal 6mI� a Man-made ditches are not rated: see discussion in NCDWQ Manual B. Hydroloqy 12. Presence of Baseflow 0 1 2 3 1 13. Iron Oxidizing Bacteria 0 1 2 3 0 14. Leaf litter 1.5 1 0.5 0 1.5 15. Sediment on plants or debris 0 0.5 1 1.5 1 16. Organic debris lines or piles Wrack lines 0 0.5 1 1.5 0.5 17. Soil -based Evidence of high water table? 0 No = 0 Yes = 3 3 0 24. Amphibians 0 Hydrology Subtotal 6E,� 1.5 C. Biology 18. Fibrous roots in streambed 3 2 1 0 3 19. Rooted upland plants in streambed 3 2 1 0 3 20. Macrobenthos note diversity and abundance 0 1 2 3 1 21. Aquatic Mollusks 0 1 2 3 2 22. Fish 0 0.5 1 1.5 0 23. Crayfish 0 0.5 1 1.5 0 24. Amphibians 0 0.5 1 1.5 0 25. Algae 0 0.5 1 1.5 0 26. Wetland plants in streambed FACW= 0.75, OBL= 1.5, Other= 0 0 Biology Subtotal perennial streams may also be identified using other methods. See paqe 35 of NCDWQ manual. Notes: Several live mussels found within approximate 200' reach of stream. Adapted from NCDWQ: Methodology for Identification of Intermittent and Perennial Streams and their (version 4.11) Origins. STREAM REACH EVALUATION FORM Date: 1 7/12/16 1 Evaluator: I HAC I Easting: -80.6819 Proiect: I Moore Farms: Waters of the US RPW H IDP 2) 1 Northinq: 35.0377 Total Points: Stream is at least intermittent if > 19 or perennial if > 30" (riqht-click the purple number and left -click Update Field to summarize points) A. Geomorphology Absent Weak Moderate Strong SCORE 1a. Continuity of channel bed and bank 0 1 2 3 2 2. Sinuosity of channel along thalweg 0 1 2 3 2 3. In -channel structure: riffle- / step- pool sequence 0 1 2 3 1 4. Particle size of stream substrate 0 1 2 3 1 5. Active/relic floodplain 0 1 2 3 1 6. Depositional bars or benches 0 1 2 3 2 7. Recent alluvial deposits 0 1 2 3 1 8. Headcuts 0 1 2 3 0 9. Grade controls 0 0.5 1 1.5 0.5 10. Natural valley 0 0.5 1 1.5 1.5 11. Second or greater order channel No = 0 Yes = 3 0 Geomorphology Subtotal a Man-made ditches are not rated: see discussion in NCDWQ Manual B. Hydrology 12. Presence of Baseflow 0 1 2 3 1 13. Iron Oxidizing Bacteria 0 1 2 3 0 14. Leaf litter 1.5 1 0.5 0 0 15. Sediment on plants or debris 0 0.5 1 1.5 1 16. Organic debris lines or piles Wrack lines 0 0.5 1 1.5 1 17. Soil -based Evidence of high water table? Crayfish No = 0 Yes = 3 3 0.5 24. Amphibians 0 Hydrology Subtotal 1.5 C. Biology 18. Fibrous roots in streambed 3 2 1 0 2 19. Rooted upland plants in streambed 3 2 1 0 3 20. Macrobenthos note diversity and abundance 0 1 2 3 1 21. Aquatic Mollusks 0 1 2 3 0 22. Fish 0 0.5 1 1.5 0 23. Crayfish 0 0.5 1 1.5 0.5 24. Amphibians 0 0.5 1 1.5 0 25. Algae 0 0.5 1 1.5 0 26. Wetland plants in streambed FACW= 0.75, OBL= 1.5, Other= 0 0 Bioloav Subtotal . perennial streams may also be identified using other methods. See page 35 of NCDWQ manual. Notes: Intermittent channel located upslope from Wetland K/KK. Adapted from NCDWQ: Methodology for Identification of Intermittent and Perennial Streams and their (version 4.11) Origins. WETLAND DETERMINATION DATA FORM - Eastern Mountains and Piedmont Region Project/Site: Moore Farm City/County: Indian Trail/Union Co Applicant/Owner: Graham Enterprises of the Carolinas LLC State: NC Investigator(s): NRN, HAC Section, Township, Range: Landform (hillslope, terrace, etc.): Floodplain Local relief (concave, convex, none): Subregion (LRR or MLRA): Lat: 35.0373 Long: -80.6816 Soil Map Unit Name: ScA: Secrest-Cid complex NWI classification: Are climatic / hydrologic conditions on the site typical for this time of year? Yes x No (If no, explain in Remarks.) Are Vegetation Soil , or Hydrology - significantly disturbed? Are "Normal Circumstances" present? Yes=] No= Are Vegetation - Soil - or Hydrology - naturally problematic? (If needed, explain any answers in Remarks.) Sampling Date: 7/12/16 - Sampling Point: Wetland DP 3 - Slope (%): 0 - 2 Datum: SUMMARY OF FINDINGS - Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes= No = Is the Sampled Area Hydric Soil Present? Yes= No = within a Wetland? Yes No Wetland Hydrology Present? Yes= No = Remarks: HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (minimum of two required) Primary Indicators (minimum of one is required: check all that aaoly) [�Surface Soil Cracks (136) =Surface Water (A1) IZI True Aquatic Plants (B14) =1sparsely Vegetated Concave Surface (68) =High Water Table (A2) =Hydrogen Sulfide Odor (Cl) ETPrainage Patterns (B10) =Saturation (A3) =Oxidized Rhizospheres on Living Roots (C3) =Moss Trim Lines (616) =Water Marks (131) =Presence of Reduced Iron (C4) =Dry -Season Water Table (C2) =Sediment Deposits (62) =Recent Iron Reduction in Tilled Soils (C6) =Crayfish Burrows (C8) =Drift Deposits (63) =Thin Muck Surface (C7) =Saturation Visible on Aerial Imagery (C9) =Algal Mat or Crust (134) =Other (Explain in Remarks) =Stunted or Stressed Plants (D1) =Iron Deposits (135) Q✓ Geomorphic Position (D2) =Inundation Visible on Aerial Imagery (137) =Shallow Aquitard (D3) =Water -Stained Leaves (69) =Microtopographic Relief (D4) =Aquatic Fauna (1313) =FAC -Neutral Test (135) Field Observations: Surface Water Present? Yes= No= Depth (inches): 2" Water Table Present? Yes= Saturation Present? Yes= No= Depth (inches): 3" No= Depth (inches): SUrfaCe Wetland Hydrology Present? Yes= No includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: US Army Corps of Engineers Eastern Mountains and Piedmont — Version 2.0 VEGETATION (Five Strata) — Use scientific names of plants. Absolute Dominant Indicator Tree Stratum (Plot size: 30' ) % Cover Species? Status j. -Salix nigra 80 Y OBL 2 Platanus occidentalis 5 N FACW 3. 4. 7. 85 = Total Cover Sapling Stratum (Plot size: 30' j. -Salix nigra 15 Y 2. _ 5. 6. 7. � a =Total Cover Shrub Stratum (Plot size: 30' 1. 2. 3. 6. 7. Herb Stratum (Plot size: 30' 1 Microstegium vimineum 70 2 Carex sp. 10 3 Solidago sp. 5 q Rubus sp. 5 5. 6. 7. 8. 10. 11. 12. Woody Vine Stratum (Plot size: 30' ) 1 Lon icera japonica 3. on OBL Sampling Point: Wetland DP 3 Dominance Test worksheet: 'Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problematic. Definitions of Five Vegetation Strata: Number of Dominant Species Tree — Woody plants, excluding woody vines, N That Are OBL, FACW, or FAC: 4 (A) Total Number of Dominant Sapling — Woody plants, excluding woody vines, Species Across All Strata: 4 (B) Percent of Dominant Species Shrub — Woody plants, excluding woody vines, That Are OBL, FACW, or FAC: 100% (A/B) Prevalence Index worksheet: herbaceous vines, regardless of size, and woody Total % Cover of: Multiply by: OBL species x 1 = Woody vine — All woody vines, regardless of height. FACW species x 2 = FAC species x 3 = FACU species x4= UPL species x 5 = Column Totals: (A) (B) Prevalence Index = B/A = 01 -Rapid Test for Hydrophytic Vegetation =2 - Dominance Test is >50% Q3 - Prevalence Index is 53.0' 04 - Morphological Adaptations' (Provide supporting data in Remarks or on a separate sheet) Problematic Hydrophytic Vegetation' (Explain) = Total Cover 'Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problematic. Definitions of Five Vegetation Strata: Y FAC Tree — Woody plants, excluding woody vines, N approximately 20 ft (6 m) or more in height and 3 in. N (7.6 cm) or larger in diameter at breast height (DBH). N Sapling — Woody plants, excluding woody vines, approximately 20 ft (6 m) or more in height and less than 3 in. (7.6 cm) DBH. Shrub — Woody plants, excluding woody vines, approximately 3 to 20 ft (1 to 6 m) in height. Herb — All herbaceous (non -woody) plants, including herbaceous vines, regardless of size, and woody plants, except woody vines, less than approximately 3 ft (1 m) in height. Woody vine — All woody vines, regardless of height. = Total Cover 5 Y FAC 5. _ 5 Remarks: or on a separate = Total Cover Hydrophytic Vegetation Present? YesF✓ No US Army Corps of Engineers Eastern Mountains and Piedmont —Version 2.0 SOIL Sampling Point: Wetland DP 3 Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color (moist) % Color (moist) % Tvne Loc Texture Remarks 0-20 10YR 6/2 85 7.5YR 4/6 15 C PL Clay loam 'Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains. `Location: PL=Pore Lining, M=Matrix Hydric Soil Indicators: ❑Histosol (Al) =Dark Surface (S7) Indicators for Problematic Hydric Soils': ❑2 cm Muck (A10) (MCRA 147) QHistic Epipedon (A2) =Polyvalue Below Surface (S8) (MLRA 147, 148) =Coast Prairie Redox (A16) =Black Histic (A3) =hin Dark Surface (S9) (MLRA 147, 148) (MLRA 147, 148) =Hydrogen Sulfide (A4) =Loamy Gleyed Matrix (F2) =Piedmont Floodplain Soils (F19) =Stratified Layers (A5) =2 cm Muck (A10) (LRR N) =Depleted Matrix (F3) ❑Redox Dark Surface (F6) (MLRA 136, 147) =Very Shallow Dark Surface (TF12) =Depleted Below Dark Surface (A11) =Depleted Dark Surface (F7) =Other (Explain in Remarks) =Thick Dark Surface (Al2) =Redox Depressions (F8) =Sandy Mucky Mineral (S1) (LRR N, ❑Iron -Manganese Masses (F12) (LRR N, MLRA 147, 148) =Sandy Gleyed Matrix (S4) MLRA 136) ❑Umbric Surface (F13) (MLRA 136, 122) 3Indicators of hydrophytic vegetation and =Sandy Redox (S5) =Piedmont Floodplain Soils (F19) (MLRA 148) wetland hydrology must be present, =Stripped Matrix (S6) ❑Red Parent Material (F21) (MLRA 127, 147) unless disturbed or problematic. Type: Depth (inches): Remarks: Hydric Soil Present? Yes ✓❑ No = US Army Corps of Engineers Eastern Mountains and Piedmont —Version 2.0 WETLAND DETERMINATION DATA FORM — Eastern Mountains and Piedmont Region Project/Site: Moore Farm City/County: Indian Trail/Union Co ADDlicanUOwner: Graham Enterprises of the Carolinas LLC State: NC Investigator(s): NRN, HAC Section, Township, Range: Landform (hillslope, terrace, etc.): Floodplain Local relief (concave, convex, none): Subregion (LRR or MLRA): Lat: 35.0373 Long: -80.6819 Sampling Date: 7/12/16 - Sampling Point: Upland DP 4 - Slope (%): 0 - 2 Datum: Soil Map Unit Name: ScA: Secrest-Cid complex NWI classification: Are climatic / hydrologic conditions on the site typical for this time of year? Yes x No (If no, explain in Remarks.) Are Vegetation Soil or Hydrology - significantly disturbed? Are "Normal Circumstances" present? Yes F7 No = Are Vegetation ' Soil ' or Hydrology ' naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes= No = Is the Sampled Area Hydric Soil Present? Yes= No Q✓ within a Wetland? Yes No Wetland Hydrology Present? Yes= No Q Remarks: Upland data point taken approximately 40' West of Wetland DP 3. HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (minimum of two reauired) Primary Indicators (minimum of one is reauired: check all that apply) =1surface Soil Cracks (B6) =Surface Water (Al) =True Aquatic Plants (614) =]Sparsely Vegetated Concave Surface (138) =High Water Table (A2) =Hydrogen Sulfide Odor (Cl) E::]Drainage Patterns (610) =Saturation (A3) =Oxidized Rhizospheres on Living Roots (C3) =Moss Trim Lines (1316) =Water Marks (61) =Presence of Reduced Iron (C4) =Dry -Season Water Table (C2) =Sediment Deposits (132) =Recent Iron Reduction in Tilled Soils (C6) =Crayfish Burrows (C8) =Drift Deposits (133) =Thin Muck Surface (C7) =Saturation Visible on Aerial Imagery (C9) =Algal Mat or Crust (B4) =Other (Explain in Remarks) Stunted or Stressed Plants (D1) =Iron Deposits (135) =Geomorphic Position (D2) =Inundation Visible on Aerial Imagery (137) =Shallow Aquitard (D3) =Water -Stained Leaves (139) =Microtopographic Relief (D4) =Aquatic Fauna (B13) =FAC -Neutral Test (D5) Field Observations: Surface Water Present? Yes= No= Depth (inches): - Water Table Present? Yes= No= Depth (inches): - Saturation Present? Yes= No= Depth (inches): - Wetland Hydrology Present? Yes= No E✓ includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: US Army Corps of Engineers Eastern Mountains and Piedmont — Version 2.0 VEGETATION (Five Strata) — Use scientific names of plants. Sampling Point: Upland DP 4 Remarks: (Include photo numbers here or on a separate sheet.) US Army Corps of Engineers Eastern Mountains and Piedmont -Version 2.0 Absolute Dominant Indicator Dominance Test worksheet: Tree Stratum (Plot size: 30' ) % Cover Species? Status Number of Dominant Species j. -Salix nigra 55 Y OBL That Are OBL, FACW, or FAC: 4 (A) 2 Ulmus americana 20 Y FACW Li uidambar s raciflua 3• 4 � 10 N FAC Total Number of Dominant Species Across All Strata: 6 (B) 4. Percent of Dominant Species 5. That Are OBL, FACW, or FAC: 66.6% (p/B) 6. Prevalence Index worksheet: 7 85 = Total Cover Total % Cover of: Multiply by: Sapling Stratum (Plot size: 30' ) OBL species x 1 = 1. FACW species x 2 = 2, FAC species x 3 = 3, FACU species x4= 4, UPL species x 5 = 5. Column Totals: (A) (B) 6. Prevalence Index = B/A = 7. Hydrophytic Vegetation Indicators: 30' = Total Cover 01 - Rapid Test for Hydrophytic Vegetation Shrub Stratum (Plot size: 1. Juniperus virginiana 5 Y FACU ✓02 - Dominance Test is >50% 2. 03 - Prevalence Index is 53.0' 3. Q4 - Morphological Adaptations' (Provide supporting 4. data in Remarks or on a separate sheet) 5. Problematic Hydrophytic Vegetation' (Explain) 6. 'Indicators of hydric soil and wetland hydrology must 7. be present, unless disturbed or problematic. 30' = 5 Total Cover Definitions of Five Vegetation Strata: Herb Stratum (Plot size: ) 1 Allium canadense 50 Y FACU Tree - Woody plants, excluding woody vines, 2. Microstegium vimineum 15 Y FAC approximately 20 ft (6 m) or more in height and 3 in. (7.6 cm) or larger in diameter at breast height (DBH). 3. 4 Sapling - Woody plants, excluding woody vines, approximately 20 ft (6 m) or more in height and less 5• than 3 in. (7.6 cm) DBH. 6. Shrub - Woody plants, excluding woody vines, 7 approximately 3 to 20 ft (1 to 6 m) in height. 8. 9 Herb - All herbaceous (non -woody) plants, including herbaceous vines, regardless of size, and woody 10. plants, except woody vines, less than approximately 3 ft (1 m) in height. 11. 12. Woody vine - All woody vines, regardless of height. 65 = Total Cover Woody Vine Stratum (Plot size: 30' ) 1 Lonicera japonica 20 Y FAC 2.- 3. 4' Hydrophytic Vegetation 5. Present? Yes= No= 20 = Total Cover Remarks: (Include photo numbers here or on a separate sheet.) US Army Corps of Engineers Eastern Mountains and Piedmont -Version 2.0 SOIL Sampling Point: Upland DP 4 (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color (moist) % Color (moist) % Type' Loc Texture Remarks 0-20 5YR 4/6 100 silt loam RM=Reduced Matrix. MS=Masked Sand Grains. Soil Indicators: UHistosol (Al) ❑Histic Epipedon (A2) =Black Histic (A3) =Hydrogen Sulfide (A4) =Stratified Layers (A5) =2 cm Muck (A10) (LRR N) =Depleted Below Dark Surface (A11) =Thick Dark Surface (Al2) =Sandy Mucky Mineral (S1) (LRR N, MLRA 147, 148) =Sandy Gleyed Matrix (S4) =Sandy Redox (S5) =Stripped Matrix (S6) Restrictive Layer (if observed): Type: Depth (inches): 2Location: PL=Pore Lining, M=Matrix. Indicators for Problematic Hydric Sc =Dark Surface (S7) ❑2 cm Muck (A10) (MLRA 147) =Polyvalue Below Surface (S8) (MLRA 147, 148) =Coast Prairie Redox (A16) =Thin Dark Surface (S9) (MLRA 147, 148) (MLRA 147, 148) =Loamy Gleyed Matrix (F2) =Piedmont Floodplain Soils (F19) =Depleted Matrix (F3) ❑Redox Dark Surface (F6) (MLRA 136, 147) =Very Shallow Dark Surface (TF12) =Depleted Dark Surface (F7) =Other (Explain in Remarks) =Redox Depressions (F8) ❑Iron -Manganese Masses (F12) (LRR N, MLRA 136) ❑Umbric Surface (F13) (MLRA 136, 122) 3Indicators of hydrophytic vegetation and =Piedmont Floodplain Soils (F19) (MLRA 148) wetland hydrology must be present, =Red Parent Material (F21) (MLRA 127, 147) unless disturbed or problematic. Hydric Soil Present? Yes ✓❑ No = US Army Corps of Engineers Eastern Mountains and Piedmont —Version 2.0 APPROVED JURISDICTIONAL DETERMINATION FORM U.S. Army Corps of Engineers This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook. SECTION I: BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD): B. DISTRICT OFFICE, FILE NAME, AND NUMBER: Applicant: Graham Enterprises Site: Moore Farms Form for: Waters of the U.S. Abutting Wetland K/KK, Waters of the U.S. Perennial RPW Tributary B, Waters of the U.S. Seasonal RPW Tributary C, and Waters of the U.S. Seasonal RPW Tributary H. C. PROJECT LOCATION AND BACKGROUND INFORMATION: State:NC County/parish/borough: Union City: Indian Trail Center coordinates of site (lat/long in degree decimal format): Lat. 35.036° N, Long. -80.67980 W. Universal Transverse Mercator: Name of nearest waterbody: Price Mill Creek Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: Catawba River Name of watershed or Hydrologic Unit Code (HUC): 03050103 Check if map/diagram of review area and/or potential jurisdictional areas is/are available upon request. Check if other sites (e.g., offsite mitigation sites, disposal sites, etc...) are associated with this action and are recorded on a different JD form. D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): Office (Desk) Determination. Date: Field Determination. Date(s): SECTION II: SUMMARY OF FINDINGS A. RHA SECTION 10 DETERMINATION OF JURISDICTION. There "navigable waters of the US." within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the review area. [Required) Waters subject to the ebb and flow of the tide. Waters are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce. Explain: B. CWA SECTION 404 DETERMINATION OF JURISDICTION. There "waters ofthe U.S." within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. [Required] 1. Waters of the U.S. a. Indicate presence of waters of U.S. in review area (check all that apply): TNWs, including territorial seas Wetlands adjacent to TNWs Relatively permanent waterS2 (RPWs) that flow directly or indirectly into TNWs Non-RPWs that flow directly or indirectly into TNWs Wetlands directly abutting RPWs that flow directly or indirectly into TNWs Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs Impoundments of jurisdictional waters Isolated (interstate or intrastate) waters, including isolated wetlands b. Identify (estimate) size of waters of the U.S. in the review area: Non -wetland waters: 1899 linear feet: 4 width (ft) and/or 0.17 acres. Wetlands: 0.95 acres. c. Limits (boundaries) of jurisdiction based on: Ebb by O VM Elevation of established OHWM (if known): 2. Non-regulated waters/wetlands (check if applicable):' Boxes checked below shall be supported by completing the appropriate sections in Section III below. Z For purposes of this form, an RPW is defined as a tributary that is not a TNW and that typically flows year-round or has continuous flow at least "seasonally" (e.g., typically 3 months). ' Supporting documentation is presented in Section III.F. Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional. Explain: Three open water ponds were determined be non -jurisdictional during 11/15/16 site visit. Ponds were excavated in high ground for agricultural purpsoses. . SECTION III: CWA ANALYSIS A. TNWs AND WETLANDS ADJACENT TO TNWs The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. If the aquatic resource is a TNW, complete Section III.A.1 and Section III.D.1. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections III.A.1 and 2 and Section III.D.1.; otherwise, see Section 111.13 below. 1. TNW Identify TNW: Summarize rationale supporting determination: Wetland adjacent to TNW Summarize rationale supporting conclusion that wetland is "adjacent': B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY): This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps determine whether or not the standards for jurisdiction established under Rapanos have been met. The agencies will assert jurisdiction over non -navigable tributaries of TNWs where the tributaries are "relatively permanent waters" (RPWs), i.e. tributaries that typically flow year-round or have continuous flow at least seasonally (e.g., typically 3 months). A wetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNW, but has year-round (perennial) flow, skip to Section III.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow, skip to Section III.D.4. A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts and EPA regions will include in the record any available information that documents the existence of a significant nexus between a relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable water, even though a significant nexus finding is not required as a matter of law. If the waterbody° is not an RPW, or a wetland directly abutting an RPW, a JD will require additional data to determine if the waterbody has a significant nexus with a TNW. If the tributary has adjacent wetlands, the significant nexus evaluation must consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for analytical purposes, the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is the tributary, or its adjacent wetlands, or both. If the JD covers a tributary with adjacent wetlands, complete Section III.B.I for the tributary, Section III.B.2 for any onsite wetlands, and Section III.B.3 for all wetlands adjacent to that tributary, both onsite and offsite. The determination whether a significant nexus exists is determined in Section III.0 below. 1. Characteristics of non-TNWs that flow directly or indirectly into TNW (i) General Area Conditions: Watershed size: 3285 square miles Drainage area: 2061 acres Average annual rainfall: 44 inches Average annual snowfall: 0 inches (ii) Physical Characteristics: (a) Relationship with TNW: ❑ Tributary flows directly into TNW. ® Tributary flows through 4 tributaries before entering TNW. Project waters are 25-30 river miles from TNW. Project waters are 1 (or less) river miles from RPW. Project waters are 15-20 aerial (straight) miles from TNW. Project waters are 1 (or less) aerial (straight) miles from RPW. Project waters cross or serve as state boundaries. Explain: Identify flow route to TNWS: Jurisdictional features on the site flow into Price Mill Creek, to East Fork Twelvemile Creek, to Twelvemile Creek, then to the Catawba River (TNW). ° Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the and West. s Flow route can be described by identifying, e.g., tributary a, which flows through the review area, to flow into tributary b, which then flows into TNW. Tributary stream order, if known: 1. (b) General Tributary Characteristics (check all that apply): Tributary is: ® Natural ❑ Artificial (man-made). Explain: ❑ Manipulated (man -altered). Explain: Tributary properties with respect to top of bank (estimate): Average width: 10 feet Average depth: +/-5 feet Average side slopes: ZJ. Primary tributary substrate composition (check all that apply): ® Silts ® Sands ❑ Concrete ® Cobbles ® Gravel ❑ Muck ® Bedrock ❑ Vegetation. Type/% cover: ❑ Other. Explain: Tributary condition/stability [e.g., highly eroding, sloughing banks]. Explain: Presence of run/riffle/pool complexes. Explain: Tributary geometry: Ret-tixely;ssi�t Tributary gradient (approximate average slope): % (c) Flow: Tributary provides for: +�Sll14* Estimate average number of flow events in review area/year: � (et r _O Describe flow regime: Flow of RPW A, B and M are perennial. Flow of RPW C, H and O are intermittent. See attached stream evaluation forms. Other information on duration and volume: Surface flow is: Disco' cmdv 9il tid. Characteristics: Subsurface flow: thskmv n. Explain findings: ❑ Dye (or other) test performed: Tributary has (check all that apply): ® Bed and banks ® OHWM' (check all indicators that apply): ❑ clear, natural line impressed on the bank ® changes in the character of soil ❑ ® shelving ❑ vegetation matted down, bent, or absent ® leaf litter disturbed or washed away ® sediment deposition IK ❑ water staining ❑ ❑ other (list): ❑ Discontinuous OHWM.' Explain: the presence of litter and debris destruction of terrestrial vegetation the presence of wrack line sediment sorting scour multiple observed or predicted flow events abrupt change in plant community If factors other than the OHWM were used to determine lateral extent of CWA jurisdiction (check all that apply): Q High Tide Line indicated by: Mean High Water Mark indicated by: ❑ oil or scum line along shore objects ❑ survey to available datum; ❑ fine shell or debris deposits (foreshore) ❑ physical markings; ❑ physical markings/characteristics ❑ vegetation lines/changes in vegetation types. ❑ tidal gauges ❑ other (list): (iii) Chemical Characteristics: Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.). Explain: water color is clear - no signs of pollutants. Identify specific pollutants, if known: 'A natural or man-made discontinuity in the OHWM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where the OHWM has been removed by development or agricultural practices). Where there is a break in the OHWM that is unrelated to the waterbody's flow regime (e.g., flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break. 7Ibid. (iv) Biological Characteristics. Channel supports (check all that apply): ❑ Riparian corridor. Characteristics (type, average width): ® Wetland fringe. Characteristics: Forested wetland abuts Seasonal RPW Tributary H. ® Habitat for: ❑ Federally Listed species. Explain findings: ❑ Fish/spawn areas. Explain findings: ❑ Other environmentally -sensitive species. Explain findings: ® Aquatic/wildlife diversity. Explain findings: Typical aquatic and wildlife diversity. 2. Characteristics of wetlands adjacent to non-TNW that flow directly or indirectly into TNW (i) Physical Characteristics: (a) General Wetland Characteristics: Properties: Wetland size: acres Wetland type. Explain: Wetland quality. Explain: Project wetlands cross or serve as state boundaries. Explain: (b) General Flow Relationship with Non-TNW: Flow is: Pick List. Explain: Surface flow is: Pick List Characteristics: Subsurface flow: Pick List. Explain findings: ❑ Dye (or other) test performed: (c) Wetland Adjacency Determination with Non-TNW: ❑ Directly abutting ❑ Not directly abutting ❑ Discrete wetland hydrologic connection. Explain: ❑ Ecological connection. Explain: ❑ Separated by berm/barrier. Explain: (d) Proximity (Relationship) to TNW Project wetlands are PkkLW river miles from TNW. Project waters are Pick List aerial (straight) miles from TNW. Flow is from: Pick List. Estimate approximate location of wetland as within the Pick List floodplain. (ii) Chemical Characteristics: Characterize wetland system (e.g., water color is clear, brown, oil film on surface; water quality; general watershed characteristics; etc.). Explain: Identify specific pollutants, if known: (iii) Biological Characteristics. Wetland supports (check all that apply): ❑ Riparian buffer. Characteristics (type, average width): ❑ Vegetation type/percent cover. Explain: . ❑ Habitat for: ❑ Federally Listed species. Explain findings: ❑ Fish/spawn areas. Explain findings: ❑ Other environmentally -sensitive species. Explain findings: ❑ Aquatic/wildlife diversity. Explain findings: . 3. Characteristics of all wetlands adjacent to the tributary (if any) All wetland(s) being considered in the cumulative analysis: Pick List Approximately ( ) acres in total are being considered in the cumulative analysis. For each wetland, specify the following: Directly abuts? (Y/N) Size (in acres) Directly abuts? (Y/N) Size (in acres) Jurisdictional Wetland K/KK 0.95 Summarize overall biological, chemical and physical functions being performed: Onsite wetland and jurisdictional RPW's provide habitat for herpetofauna and macro invertebrates. The wetland has the capacity to provide nutrients and organic carbon to downstream foodwebs. Wetlands provide flood storage during rain events and ground water recharge during dry periods. The wetland also traps and filters pollutants before reaching offsite Perennial RPWs and the Catawba River (TNW). C. SIGNIFICANT NEXUS DETERMINATION A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed by any wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological integrity of a TNW. For each of the following situations, a significant nexus exists if the tributary, in combination with all of its adjacent wetlands, has more than a speculative or insubstantial effect on the chemical, physical and/or biological integrity of a TNW. Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flow of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e.g. between a tributary and its adjacent wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland lies within or outside of a floodplain is not solely determinative of significant nexus. Draw connections between the features documented and the effects on the TNW, as identified in the Rapanos Guidance and discussed in the Instructional Guidebook. Factors to consider include, for example: • Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to TNWs, or to reduce the amount of pollutants or flood waters reaching a TNW? • Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW? • Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that support downstream foodwebs? • Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or biological integrity of the TNW? Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented below: 1. Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section IIID: Significant nexus findings for non-RPW and its adjacent wetlands, where the non-RPW flows directly or indirectly into TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section IIID: Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section IIID: . D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL THAT APPLY): 1. TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area: 0 TNWs: linear feet width (fl), Or, acres. Q Wetlands adjacent to TNWs: acres. RPWs that flow directly or indirectly into TNWs. Tributaries of TNWs where tributaries typically flow year-round are jurisdictional. Provide data and rationale indicating that tributary is perennial: Perennial RPW Tributary B exhibits geomorphology, hydrology, and biological indicators consistent with perennial flowing streams in the piedmont ecoregion. Tributaries of TNW where tributaries have continuous flow "seasonally" (e.g., typically three months each year) are. DO Tributaries of TNW where tributaries have continuous flow "seasonally" (e.g., typically three months each year) are jurisdictional. Data supporting this conclusion is provided at Section III.B. Provide rationale indicating that tributary flows seasonally: Seasonal RPW Tributaries C, and H exhibit geomorphology, hydrology, and biological indicators consistent with intermittent flowing streams in the piedmont ecoregion. Provide estimates for jurisdictional waters in the review area (check all that apply): Tributary waters: 1899 linear feet 10 width (ft). Other non -wetland waters: acres. Identify type(s) of waters: Non-RPWss that flow directly or indirectly into TNWs. Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a TNW, and it has a significant nexus with a TNW is jurisdictional. Data supporting this conclusion is provided at Section III.C. Provide estimates for jurisdictional waters within the review area (check all that apply): Tributary waters: linear feet width (ft). Other non -wetland waters: acres. Identify type(s) of waters: Wetlands directly abutting an RPW that flow directly or indirectly into TNWs. Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands. Wetlands directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale indicating that tributary is perennial in Section III.D.2, above. Provide rationale indicating that wetland is directly abutting an RPW: . Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is seasonal in Section III.B and rationale in Section III.D.2, above. Provide rationale indicating that wetland is directly abutting an RPW: Wetland K/KK directly abuts onsite Seasonal RPW Tributary H with no break in jurisdiction. Provide acreage estimates for jurisdictional wetlands in the review area: 0.95 acres. 5. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs. Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisidictional. Data supporting this conclusion is provided at Section III.C. Provide acreage estimates for jurisdictional wetlands in the review area: acres. Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs. Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional. Data supporting this conclusion is provided at Section III.C. Provide estimates for jurisdictional wetlands in the review area: acres. Impoundments of jurisdictional waters.' As a general rule, the impoundment of a jurisdictional tributary remains jurisdictional. Demonstrate that impoundment was created from "waters of the U.S.," or Demonstrate that water meets the criteria for one of the categories presented above (1-6), or Demonstrate that water is isolated with a nexus to commerce (see E below). E. ISOLATED [INTERSTATE OR INTRA -STATE] WATERS, INCLUDING ISOLATED WETLANDS, THE USE, DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY SUCH WATERS (CHECK ALL THAT APPLY):10 'See Footnote # 3. v To complete the analysis refer to the key in Section III. D.6 of the Instructional Guidebook. 10 Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA HQ for review consistent with the process described in the Corps/EPA Memorandum Regarding CWA Act Jurisdiction Following Rapanos. which are or could be used by interstate or foreign travelers for recreational or other purposes. from which fish or shellfish are or could be taken and sold in interstate or foreign commerce. which are or could be used for industrial purposes by industries in interstate commerce. 0 Interstate isolated waters. Explain: Other factors. Explain: Identify water body and summarize rationale supporting determination: Provide estimates for jurisdictional waters in the review area (check all that apply): Tributary waters: linear feet width (ft). Other non -wetland waters: acres. Identify type(s) of waters: Wetlands: acres. F. NON -JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY): If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers Wetland Delineation Manual and/or appropriate Regional Supplements. Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce. ❑ Prior to the Jan 2001 Supreme Court decision in "SWANCC," the review area would have been regulated based solely on the "Migratory Bird Rule" (MBR). 171 Waters do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction. Explain: Other: (explain, if not covered above): Provide acreage estimates for non jurisdictional waters in the review area, where the sole potential basis of jurisdiction is the MBR factors (i.e., presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional Idgment (check all that apply): Non -wetland waters (i.e., rivers, streams): linear feet width (ft). Lakes/ponds: acres. Q Other non -wetland waters: acres. List type of aquatic resource: Wetlands: acres. Provide acreage estimates for non jurisdictional waters in the review area that do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction (check all that apply): E3 Non -wetland waters (i.e., rivers, streams): linear feet, width (ft). Lakes/ponds: acres. Other non -wetland waters: acres. List type of aquatic resource: Wetlands: acres. SECTION IV: DATA SOURCES. A. SUPPORTING DATA. Data reviewed for JD (check all that apply - checked items shall be included in case file and, where checked and requested, appropriately reference sources below): M Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant: CM Data sheets prepared/submitted by or on behalf of the applicant/consultant. ❑ Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. 0 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: See map. USDA Natural Resources Conservation Service Soil Survey. Citation: National wetlands inventory map(s). Cite name: State/Local wetland inventory map(s): FEMA/FIRM maps: 100 -year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929) ® Photographs: ® Aerial (Name & Date): or ❑ Other (Name & Date): Site photographs 10/22/2015. Previous determination(s). File no. and date of response letter: Applicable/supporting case law: Applicable/supporting scientific literature: Other information (please specify): B. ADDITIONAL COMMENTS TO SUPPORT JD: Ln W �V d! V) N v M C c� W �, d1 v Cu s Threatened & Endangered Species Report Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. Threatened / Endangered / Protected Species Evaluation For: Moore Farm Union County, North Carolina By: Lisa R. Gaffney September 21, 2016 Chrlo W ORIM: www.wedww"N aom AdwAm 011 m 10612PO Nuvldl . Rd. IGMTWwmd Rd.. Oft I PMB 550 &" I% PMB 383 Chnrbeee, NC 38277 AdWA@6 NC 2WW ice+? +0+-7777 Omrmm Ia rInAw G wllrndaowcom w=dyocam Moore Farm —Threatened / Endangered / Protected Species Evaluation GENERAL LANDSCAPE DESCRIPTION: The Moore Farm site is +/- 96 acres located just east of Waxhaw Indian Trail Road, and just north of Hunter Pointe Drive in Union County, North Carolina. It can be found on the Matthews, NC USGS Topographic Quadrangle Map; latitude is 35.0360 N, longitude is 80.6798 W. The site is a tree farm and is a mosaic of cultivated tree groves, disturbed forest cover, dirt/gravel roads, open water ponds, fencerows, and residential property. The topography is flat to gently sloped with the elevation ranging from 590 to 640 ft. (Figure 1). Figure 1: OOF I /;; e C Wedands and Environmental PlanninS Group Leonard S. Rlndner, PLLC. USGS QUAD LOCATION Matthews, NC Lat: 35.036 ON APPROXIMATE Long: -80.6798 QW ACREAGE HLIC:03050103 96.16 LOWER CATAWBA Wedands and Environmental PlanninS Group Leonard S. Rlndner, PLLC. Moore Farm Threatened / Endangered / Protected Species Evaluation METHODOLOGY: The US Fish and Wildlife Service website http://www.fws.gov/raleigh/species/cntylist/union.htmi was referenced to determine the occurrence of Threatened, Endangered and Protected species for Union County North Carolina, the results of which are listed below (Table 1). Maps and aerial photographs were assembled and the site was investigated September 13 and 16, 2016. Table 1: Threatened / Endangered / Protected Species listed for Union County County: Union, NC *Source: US Fish & Wildlife Service **Data search on September 13, 2016 Group Name Status Lead Office Clams Carolina heelsplitter Endangered Asheville (Lasmigona Ecological decorata) Services Field Office Flowering Schweinitz's Endangered Asheville Plants sunflower Ecological (Helianthus Services Field schweinitzir) Office Flowering Michaux's sumac Endangered Raleigh Plants (Rhus michauxu) Ecological Services Field Office Birds Bald Eagle Protected under the Great Lakes- (Haliaeetus Bald and Golden Big Rivers leucocephalus) Eagle Protection Act Region (Region 3) Wedandi and Environmental PlanninS Group Leonard S. Rindnor, PLLC. Moore Farm —Threatened / Endangered / Protected Species Evaluation Two plant species with federal protection are listed as potentially occurring in Union County: • Schweinitz's Sunflower (Helianthus schweinitzh), 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). • 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. Two animal species with federal protection are listed as potentially occurring in Union 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. 1:7 *114&1 The site is primarily a tree farm and is a mosaic of cultivated tree groves, overgrown thickets, mowed access corridors, disturbed forest cover, dirt/gravel roads, open water ponds, fencerows, and residential property. On the mostly flat uplands there are multiple groves of cultivated trees, primarily Loblolly Pines (Pinus taeda) in varying stages of maturity. The more mature stands have an average DBH (diameter at breast height) of 18 inches, and the less mature stands have an average DBH of 6 inches. There is also a stand of cultivated Shumard and Willow Oaks (Quercus shumardii and Q. phellos) with an average DBH of 10 inches. The more natural wooded areas are primarily associated with drainages, wetlands and slopes. The homesites and outbuildings in the western portion of the site near Waxhaw Indian Trail Road have semi open lawns and landscaping, as well as several sheds and trailers with overgrown weedy patches and scrub/shrub cover along with areas covered in mixed turf grass and typical lawn weeds. Wetland: and Environmental PlanminE Group Leonard S. Rlndner, PLLC. Moore Farm —Threatened / Endangered / Protected Species Evaluation The expansive tree stands have transitional edges dominated by Dog Fennel (Eupatorium capilifollium), Goldenrod (Solidago spp.), Broomsedge (Andropogon virginicum), and Blackberry (Rubus spp.). The dirt and gravel roads and maintained corridors throughout the site are covered with partially mowed turfgrass and scrub/shrub thickets dominated by Fescue (Festuca sp.), Blackberry, Pokeweed (Phytolacca americana), Goldenrod, Broomsedge, Brazilian Verbena (Verbena brasiliense), Tickseed (Bidens sp.), Evening Primrose (Oenothera sp.), Black Cherry (Prunus serotina), Persimmon (Diosporous virginiana), Winged Elm (Ulmus alata), and Red Cedar (Juniperus virginiana). The disturbed mixed woods on the slopes and drainages are composed Loblolly Pine (Pinus taeda), of Short -leaf Pine (P. echinata), Virginia Pine (P. virginiana), American Ash (Fraxinus americana), White Oak (Quercus alba), Northern Red Oak (Quercus rubra), Southern Red Oak (Quercus falcata), Black Oak (Quercus velutina), Willow Oak (Quercus phellos), Mockernut Hickory (Carya tomentosa), Pignut Hickory (Carya glabra), Carolina Shagbark Hickory (Carya carolinae- septentrionalis), Black Walnut (Juglans nigra), Green Ash (F. pensylvanica), Sweet Gum (Liquidambar styraciflua), and Yellow Poplar (Liriodendron tulipifera var. tulipifera). Subcanopy trees present are Sourwood (Oxydendrum arboreum), Red Maple (Acer rubrum var. rubrum), Red Cedar (Juniperus virginiana), Flowering Dogwood (Cornus florida), Black Gum (Nyssa sylvatica), Black Cherry (Prunus serotina), Redbud (Cercis canadensis), and Red Mulberry (Morus rubra). The shrub layer includes Blueberry (Vaccnium sp.), Spicebush (Lindera benzoin), Autumn Olive (Elaeagnus umbellata), Paw Paw (Asimina triloba) and Chinese Privet (Ligustrum sinense). Vines present are Japanese Honeysuckle (Lonicera japonica), Trumpet Creeper (Campsis radicans), Virginia Creeper (Parthenocissus quinquefolia), Muscadine (Vitis rotundifolia), and Poison Ivy (Toxicodendron radicans). The herb layer includes Christmas Fern (Polystichum acrostichoides), Crane -fly Orchid (Tipularia discolor), Spotted Wintergreen (Chimaphila maculata), River Oats (Chasmanthium latifolium), and Japanese Stiltgrass (Microstegium vimineum). The open water ponds have some transitional wetland edge habitat dominated by typical wetland vegetation including Sedges (Carex spp., Cyperus spp., Scirpus spp.), Rushes (Juncus spp.), and Cattails (Typha latifolia). The mowed roadside along Waxhaw Indian Trail Road is dominated by Fescue turf grass and common weedy and transitional species including Johnson grass (Sorghum halepense), Sericea Lespedeza (Lespedeza cuneata), Ragwort (Packera sp.) Indian Hemp (Apocynum cannabinum), Goldenrod (Solidago sp.), Beggars Ticks (Desmodium sp.), and Dogfennel (Eupatorium capillifolium). There is also a Pecan grove (Carya illinoensis) adjacent to the road. Wedands and Environmental Planning Group Leonard S. Rindner, PLLC. Moore Farm —Threatened / Endangered / Protected Species Evaluation Threatened & Endangered/Protected Species Results • All potential habitats for Schweinitz's Sunflower and Michaux's Sumac along the roadsides, access corridors, woods and field edges were closely examined and neither of these species were present. • Streams on site do not have the habitat characteristics required to support populations of the Carolina Heelsplitter. No mussels were observed during the survey nor would any be expected on-site. • There is no bald eagle habitat on site, and no eagles or eagle's nests were observed. RECOMMENDATIONS: I recommend further consultation with the project planners and engineers regarding coordination with USFWS and other federal and state agencies as needed. Respectfully submitted, Lisa R. Gaffney Biologist September 21, 2016 Wetlands and Environmental Planning Group Leonard S. Rindnor, PLLC. Moore Farm —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 biologist, and has conducted field work and investigative studies covering thousands of cumulative acres in both North and South Carolina since 1996, including: • Cabarrus County NC Natural Heritage Inventory 1997-1998. Organized, directed, and worked in field survey of natural areas in Cabarrus County for the North Carolina Natural Heritage Program, collecting field data and writing reports. • Lincoln County NC Natural Heritage Inventory 2000-2001. Organized, directed, and worked in field survey of natural areas in Lincoln County for the North Carolina Natural Heritage Program, collecting field data and writing reports. • Threatened and Endangered Species Surveys and Natural Communities Evaluation for over 30,000 acres in North and South Carolina, 1996 - present. • Located and identified at least six previously unreported populations of Federally Endangered Schweinitz's Sunflower (Helianthus schweinitzii). • Located and identified four previously unreported populations of Threatened Dwarf Heartleaf (Hexastylis naniflora). • Located a previously unknown population of Federally Endangered Schweinitz's Sunflower at Redlair Farm in Gaston County, NC. This discovery led (in part) to the purchase of the site by the State of North Carolina Plant Conservation Program, now called Redlair Preserve. This population has become a Recovery Site for the species. • Participated in numerous Piedmont Prairie restoration projects in Mecklenburg, Union, Cabarrus and Gaston Counties, North Carolina. Wetlands and Environmental Planning Group Leonard S. Rlndner, PLLC.