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HomeMy WebLinkAbout20081155 Ver 4_Individual_20170717LOWRYS ENVIRONMENTAL & ECOLOGICAL SERVICES, LLC 1823 Quinn Road Chester, South Carolina 29706 Phone 803-992-0910 14 July 2017 Ms. Karen Higgins North Carolina Division of Water Resources 401 & Buffer Permitting Branch 1617 Mail Service Center Raleigh, North Carolina 27699-1617 RE: Individual Permit Application Package Kellswater Phase 3 Development City of Kannapolis, Cabarrus County, North Carolina Dear Ms. Higgins: D Lowrys Environmental & Ecological Services, LLC, (LEES), has prepared four copies and a CD of an Individual Permit Application Package for the Kellswater Phase 3 Development, located adjacent to Isenhour Road, and near the intersection of Kannapolis Parkway and Rogers Lake Road within the City of Kannapolis, Cabarrus County, North Carolina.. The required permit fee of $570.00 is also included in the package. Should you have any questions or need any additional information, please do not hesitate contacting me at (803) 992-0910 or by email at ppetitizoutgamail.com. Sincerely, Lowrys Environmental & Ecological Services, LLC. S. Paul Petitgout President/Managing Mem er Enclosures Copy: Jason Randolph — USACE o��c�adr� D JUL l 1 2011 D - AER RESOURCES BUFFER ITTING U.S. ARMY CORPS OF ENGINEERS APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT OMB APPROVAL NO.0710.0003 33 CFR 325. 'rhe Nancy proponent en Is.CECW-CO-R. E)CPIRES: 2a FEBRUARY 2013 Public reporting for this collection of information is estimated to average 11 hours per a sponse, including the time for reviewing instructions. searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate at any othor aspect of the colV,diorl of information, including suggestions for reducing this burden, to Department of Defense, Washington Headquarters, Executive Services and Communications Directorate, Information Management Division and to the Office of Managemen t and Budget. Paperwork Reduction Project (0710-0003), Respondents should be aware that notwithstanding any otprovision of tin, no Person shell be sntbjed to any penalty for failing to comply with a caNedion of ihformaoon it it does not disptay a currently valid OMB control number- Please DO NOT RETURN your form to either of those addresses. Campleted applications must be submitted to the District Engineer having jurisdiction over the location of the proposed activity, PRIVACY ACT STATEMENT Authorities. Rivers and Harbors Act, Section 10, 33 USC 403; Clean Water Ad, Section a04, 33 USC 1344; Marine Protection, Research, and Sanetuanes Act, Section 103, 33 USC 1413; Regulatory Programs of IN, Gorps of Engineers: Final Rule 33 CFR 320.332, Principal Purpose- Information provided on this form will be used in evaluating the application for a permit Routine Uses: This information maybe shared with the Department et Justice and other federal, state, and kcal government agencies, and the public and may be made available as part of a public notice as required by Federal law. Submission of requested information is voluntary, however, if information is nor provided the application permit cannot be evaluated nor can a permit be Issued Ore set of original draw ingis or good reproducible copies which shwa the location and character of the proposed activity must be attached to !tris application (see sample drawings andfor instructions) and be submitted to the District Engineer having jurisdiction over the location of the proposed activity. An application that is not completed in full will be returned. (ITEMS 1 THRU 4 TO BE FILLED BY THE CORPS) 1. APPLICATION NO. 2. FIELD OFFICE CODE 3. DATE RECEIVED 4. DATE APPLICATION COMPLETE (ITEMS BELOW TO BE FILLED BYAPPLICANT) 5. APPLICANT'S NAME 8. AUTHORIZED AGENTS NAME AND TITLE (agent; not required) First - SCo t Middle - Last - Lawrence First - S. Middle -Paul Last - Petitgout Company- MRECV-KW, LLC Company- Lowrys Environmental & Ecological Services, LLC E-mail Address - E-mail Address - ppctitgout@gmail.com ANTS ADDRESS: 9, AGENTS ADDRESS: Address- 13860 Ballantyne Corporate Place; Suite 130 Address- 1823 Quinn Road City - Charlotte State - NC Zip - 28277 Country - USA City - Chester State - SC Zip -29706 Country -USA 7. APPLICANTS PHONE NOs. WAREA CODE 10. AGENTS PHONE NOs. WAREA CODE a. Residence b. Business c Fax a. Residence b. Business c. Fax 704-930-7501 803-992-0910 STATEMENT OF AUTHORIZATION 11. 1 hereby authorize, a Paul Pe��ti��t$�o_rA (LEES) to my behalf as my agent in the processing of this application and to furnish, upon request, supplemental etformationin support of s perrtif! appl{catio ATURE OF APPLICANT NAME, LOdA7ION, AND DESCRIPTION OF PROJ ECT OR ACTIVITY 12. PROJECT NAME OR TITLE (see instructions) Kellswater Phase 3 13. NAME OF WATERBODY, IF KNOWN (if applicable) 14. PROJECT STREET ADDRESS (if applicable) Adjacent to Irish Buffalo Creek Address 3905 Isenhour Road 15. LOCATION OF PROJECT Latitude: -N 35.468417 Longitude: -W -80.656106 City - Kannapolis State- NC Zip- 28081 16. OTHER LOCATION DESCRIPTIONS, IF KNOWN (see Instructions) State Tax Parcet ID See Attached Sheet Municipality Kannapolis, Cabarrus County, NC Section - N/A Township - N/A Range - NIA C\I/� Ir Mail IA.. I AT ­_ "" - -"' ' ""' '."''L PREVIOUS EDITIONS ARE OBSOLETE. Page 1 of 3 17. DIRECTIONS TO THE SITE From Charlotte, NC, Take I-85 North to Exit 54(Kannapolis Parkway). At the top of the exit ramp, tum left and go approximately 5 miles to Rogers Lake Road. At the stoplight (intersection of Kannapolis Parkway and Rogers Lake Road), tum right and go 0,6 mile to Isenhour Road. Turn Right onto Isenhour Road and go until the pavement ends. This is the Kellswater Phase 3 property, 18. Nature of Activity (Description of project, include ail features) Please see Sections 1, 2 and 7 of the Attached Environmental Document. 19. Project Purpose (Describe the reason or purpose of the project, see instructions) Please see Section 1.1 of the Attached Environmental Document. USE BLOCKS 20-23 IF DREDGED AND/OR FILL MATERIAL IS TO BE DISCHARGED 20. Reason(s) for Discharge Please see Section 1 of the Attached Environmental Document. ------_- 21 Type(s) of Material Being Discharged and the Amount of Each Type in Cubic Yards: Type Type Type Amount In Cubic Yards Amount in Cubic Yards Amount in Cubic Yards Clean Fill - ±200 cubic yards 22. Surface Area in Acres of Wetlands or Other Waters Filled (see instructions)�� Acres 0.035 -acre or Linear Feet 205 If (Phase 3) plus 112 If (1N—WP - SAW -2012-00410) = TOTAI. 317 If 23. Description of Avoidance, Minimization, and Compensation (see instructions) _ Please See Sections 6 and 8 of the Attached Environmental Document. 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RD Mail City: KANNAPOLIS Mail City: KANNAPOLIS Mail State: NC Mail State: NC Mail Zip Code: 28081 Mail Zip Code: 28081 Property Real ID: 04-048-0037.10 Property Real ID: 04-048-0036.20 PIN14: 56035024880000 PIN14: 56024989220000 INTEGRA SPRINGS PROPERTY Account Name 1: UPLANDS COMPANY INC Account Name 1: OWNER LLC Mailing Address: 2600 S CANNON BLVD STE Mailing Address: 125 W 55TH ST FL 10 Mail City: KANNAPOLIS Mail City: NEW YORK Mail State: NC Mail State: NY Mail Zip Code: 28083 Mail Zip Code: 10019 Property Real ID: 04-048E-0004.00 Property Real ID: 04-048E-0001 00 PIN14: 56024930710000 PIN14: 56023892960000 Account Name 1: MPV KELLSWATER LLC Account Name 1: KELLSWATER HOLDING II LLC Mailing Address: C/O GEORGE L KISER JR 74 BUCK Mailing Address: 2400 SOUTH BLVD ISLAND RD APT 101 Mail City: CHARLOTTE Mail City: BLUFFTON Mail State: NC Mail State: Sc Mail Zip Code: 28203 Mail Zip Code: 29910 Property Real ID: 04-048D-0003.00 Property Real ID: 04-051-0037.20 1 KELLSWATER PHASE 3 ADJACENT PROPERTY OWNERS BLOCK 25 PIN14: 56023892700000 PIN14: 560247270400DO Account Name 1: NORTHWEST SWIM & Account Name 1: THE REFUGE INC RACQUET CLUB Mailing Address: P 0 BOX 796 Mailing Address: 230 REFUGE WAY Mail City: KANNAPOLIS Mail City: KANNAPOLIS Mail State: NC Mail State: NC Mail Zip Code: 28081 Mail Zip Code: 28081 Property Real ID: 04-051-0037.10 Property Real ID: 04-051-0004.00 PIN14: 56024700510000 PIN14: 56025529070000 Account Name 1: DIETZENBACH PHILLIP JAY Account Name 1: CENTRAL NC COUNCIL OF Account Name 2: DIETZENBACH NATALIE LOO Account Name 2: BOY SCOUTS OF AMERICA Mailing Address: 820 KANNAPOLIS PKWY Mailing Address: P 0 BOX 250 Mail City: CONCORD Mail City: ALBEMARLE Mail State: NC Mail State: NC Mail Zip Code: 28027 Mail Zip Code: 28001 Property Real ID: 04-050-0014 00 Property Real ID: 04-0051-0035.00 PIN14: 56025670910000 PIN14: 56026576870000 BROWN LANDREL TYRANN CO- Account Name 1: OVERCASH ARTHUR LEON LF Account Name 1: TRSTEE EST Account Name 2: BROWN SUZANNE S CO- Account Name 2: TRUSTEE Mailing Address: 4777 CAMP CABARRUS DR Mailing Address: 4714 CAMP CABARRUS OR Mail City: KANNAPOLIS Mail City: KANNAPOLIS Mail State: NC Mail State: NC Mail Zip Code: 28081 Mail Zip Code: 28081 Property Real ID: 04-051-0034.20 Property Real 10: 04-051-0034 00 N PIN14 Account Name 1: Account Name 2: Mailing Address: Mail City: Mail State: Mail Zip Code: Property Real ID: PIN14: Account Name 1: Account Name 2: Mailing Address: Mail City: Mail State: Mail Zip Code: Property Real ID PIN14: Account Name 1: Mailing Address: Mail City: Mail State: Mail Zip Code: Property Real ID: KELLSWATER PHASE 3 ADJACENT PROPERTY OWNERS BLOCK 25 56028660060000 PIN14: 56028722670000 KANNAPOLIS REAL EST AGENCY Account Name 1: FUNDERBURKE DENISE INC OVERCASH Account Name 2: FUNDERBURKEJONATHAN SCOTT HSB 500 S CANNON BLVD Mailing Address: P 0 BOX 12 KANNAPOLIS Mail City: ALAMANCE NC Mail State: NC 28083 Mail Zip Code: 27201 04-051 -0005.00 Property Real ID: 04-052 -0012.00 56028738580000 DRYE BRENDA R -TRUSTEE REYNOLDS PAULINE H-REVC TRUSTI REYNOLDS ARLIE G -REVOC TRUST1 1848 INDEPENDENCE SQUARE KANNAPOLIS NC 28081 04-052 -0001.00 56028934830000 INGRAM GEORGE W 4325 BURGIN ST KANNAPOLIS NC 28081 04-051 -0002 10 3 PIN14: 56028834560000 Account Name 1: BICKERSTAFF GLENN Account Name 1: 4427 BURGIN ST Mail City: ARTHR ESTATE Mail State: BICKERSTAFF MARTHA Account Name 2: 28081 Property Real ID: WF 1330 VILLAGE GREEN Mailing Address: DR Mail City: KANNAPOLIS Mail State: NC Mail Zip Code: 28081 Property Real ID: 04-051 -0003.00 PIN14: 56037051510000 Account Name 1: RUSS STARR Mailing Address: 4427 BURGIN ST Mail City: KANNAPOLIS Mail State: NC Mail Zip Code: 28081 Property Real ID: 04-054-0026 00 KELLSWATER PHASE 3 ADJACENT PROPERTY OWNERS BLOCK 2S PIN14: 56037064230000 Account Name 1: TEETE PEARL W Mailing Address: 1420 TEATE DR Mail City: KANNAPOLIS Mail State: NC Mail Zip Code: 28081 Property Real ID: 04-054-0002 00 INDIVIDUAL PERMIT ENVIRONMENTAL DOCUMENT KELLSWATER DEVELOPMENT PHASE 3 CITY OF KANNNAPOLIS, CABARUS COUNTY, NORTH CAROLINA LEES Project No. 16001.00 July 2017 For US Army Corps of Engineers Wilmington District Charlotte (Asheville) Regulatory Field Office 151 Patton Avenue Room 208 Asheville, North Carolina 28801 828-271-7980 LOWRYS ENVIRONMENTAL & ECOLOGICAL SERVICES, LLC. 1823 Quinn Road Chester, South Carolina 29706 803-992-0910 TABLE OF CONTENTS 1.0 INTRODUCTION............................................................................1 1.1 PURPOSE ----------------------------------------------------------------------------------------------------------------------- 1 1.2 PERMITTING HISTORY 2 2.0 CURRENT SITE CONDITIONS ................................ ? 2.1 JURISDICTIONAL AREAS. 2.1.1 Jurisdictional Wetlands 2 2.1.2 Jurisdictional Streams 3 2.2 SOILS 3 3.0 ENDANGERED SPECIES...... 3 4.0 CULTURAL RESOURCES . 5 5.0 ALTERNATIVES ANALYSIS..........................................................................................5 5.1 "NO ACTION" Alternative 6 5.2 "NO PERMIT" Alternative ---------------------------------------------------------------------------------------------- 6 5.3 Multiple Owners Alternative------------------------------------------------------------------------------------------ 6 5.4 Ingram Alternative--------------------------------------------------------------------------------------------------------- 7 5.5 Kellswater Commercial Alternative ----------------------------------------------------------------------------------- 8 5.5 Overcash Alternative 9 5.5 Kellswater Phase 3 Alternative (Preferred Alternative) -----------------------------------------------------10 6.0 AVOIDANCE AND MINIMIZATION 10 7.0 PROPOSED JURISDICTIONAL IMPACTS 12 7.1 WETLAND IMPACTS 12 7.2 STREAM IMPACTS 12 8.0 MITIGATION ................. 13 9.0 ENVIRONMENTAL AND PUBLIC INTEREST FACTORS 14 9.1 PHYSICAL/CHEMICAL CHARACTERISTICS AND ANTICIPATED CHANGES 14 9.2 BILOGICAL CHARACTERISTICS AND ANTICIPATED CHANGES 15 9.3 HUMAN USE CHARACTERISTICS AND IMPACTS 15 10.0 SUMMARY ................................................. ...........17 Tables: Table 1. Soil Summary Table 2. Summary of Jurisdictional Impacts for Each Sketch Plan Reviewed Table 3. Wetland Impact Summary Table 4. Stream Impact Summary Table 5. Wetland Mitigation Summary Table 6. Stream Mitigation Summary Fi ures Sheet 1 of 13. General Location Map Sheet 2 of 13. USGS Topographic Map Sheet 3 of 13. USDA Soils Map Sheet 4 of 13. USFWS NWI Map Sheet 5 of 13. Alternative Sites Location Map Sheet 6 of 13. "Multiple Owners" Alternative Site Sheet 7 of 13. "Ingram" Alternative Site Sheet 8 of 13. "Kellswater Commercial" Alternative Site Sheet 9 of 13. "Overcash" Alternative Site Sheet 10 of 13. "Kellswater Phase 3" Alternative Site (Preferred Alternative) Sheet 11 of 13. Overall Site Plan Sheet 12 of 13. Sketch Plan #1 (Avoidance/Minimization) Sheet 13 of 13. Sketch Plan #2 (Avoidance/Minimization) Engineering Drawings Sheet 1 of 5. Over Site Plan Sheet 2 of 5. Overall Site Plan (No Topo) Sheet 3 of 5. Wetland Impact 1 A and Stream Impact 1 Sheet 4 of 5. Stream Impact 2 Sheet 5 of 5. Stream Impact 3 Appendices Appendix A — Nationwide Permit/Jurisdictional Determination SAW -2012-00410 Issued February 29, 2016. Appendix B — Correspondence from NCDMS Regarding Mitigation Acceptance. Appendix C — NCSAM Worksheets 1.0 INTRODUCTION The f77 -acre planned development known as Kellswater Phase 3, lies near the intersection of Kannapolis Parkway and Rogers Lake Road (southeast quadrant of the intersection), adjacent to Isenhour Road, in the City of Kannapolis, Cabarrus County, North Carolina and is currently in the process of being developed (Sheets 1-4 of 13). The entire Kellswater development has been planned as a high end residential community to service this quickly developing area. This development is the culmination of several years of work to bring a residential community to the Kannapolis, Cabarrus County, area that would service this metropolitan Charlotte area with upscale housing. Previous developers began master planning the development prior to the "Great Recession" that began in early 2008. Those early plans integrated a large number of wetland and stream impacts into the overall plan that have been abandoned due to the desire of the new development team to bring a multi -faceted development to the area while still maintaining the natural aesthetics of the area and reducing the overall environmental impacts to the greatest extent practicable. 1.1 PURPOSE AND NEED The growth of the housing market in the greater Charlotte Metropolitan area (seven county area) has been enormous since the end of the "Great Recession." The demand for housing in the area has skyrocketed since 2011 and appears to be heading for increases into the foreseeable future. With this in mind, the owners of the Kellswater, Phase 3 Development Site have begum developing the other phases of the site over the last several years to meet the growing need for housing in this quickly growing area of Cabarrus County, North Carolina. Currently, demand is extremely strong for housing in the Kannapolis area due to very rapid growth. The increased demand has been created by a shortage of entitled developments that have the needed infrastructure to quickly move from an undeveloped state to finished lots in the area. With this in mind, the basic purpose of this project is to provide residential housing in this area of Cabarrus County where growth is exceeding the supply of housing, while completing the development in an environmentally sensitive manner (keeping wetland and/or stream impact to the minimum necessary to meet the overall objective of the project). The overall purpose of the project is to expand the existing development (phases 1 and 2) by bringing on line Phase 3 which will be able to use the existing infratructre already created by Phases 1 and 2, which should allow the area to be developed with less environmental impact than if the Phase 3 development was starting from scratch on properties not associated with the Kellswater development. 1.2 PERMITTING HISTORY The initial project actually began in late 2005 and was known as the Kellswater Crossing development project. With the significant downturn in the economy that occurred in 2007- 2008, and lasted for several years, the project was eventually acquired through foreclosure by the financial institutions which had loaned money for its initial acquisition. During the original portion of the project, the project was entitled by the Town of Kannapolis, North Carolina. The current developers for the Kellswater project applied for a Nationwide Permit (NWP 29) for a single road crossing that accessed the central portion of the property. Based on information from the US Army Corps of Engineers permit issued February 29, 2016 (Action ID: SAW -2012-00410), permanent impacts of 112 linear feet of stream were permitted for the project (Appendix A). This crossing was dictated by the City of Kannapolis, which requires two points of access to all parts of the development. There was one entrance to the back side of the property from Rogers Lake Road, but the rationale for applying for this crossing was that two points of access were needed so that the residents would have safe passage should one of the crossings be blocked. It should be noted here that the permittee intends to mitigate for the 117 linear feet of impact associated with the road crossing permitted under the Nationwide Permit 29 that was issued. This permanent impact will be added to the total impact for the future development and will be mitigated for as a part of this permit action (as shown in Table 6). 2.0 CURRENT SITE CONDITIONS The subject property currently comprised of a large mixture of different uses. Those include existing residential development (in Phase 1), clearing for new development (Phase 2, 4 and 5), and existing timberland (Phase 3). Upland forested communities are dominated by a canopy of sweetgum (Liquidambar styracifua), red maple (Acer rubrum), loblolly pine (Pinus taeda), yellow poplar (Liriodendron tulipifera), and American beech (Fagus grandifolia). The shrub layer is primarily saplings of the canopy species, but also includes ironwood (Carpinus caroliniana), Chinese privet (Ligustrum sinense), and red cedar (juniperus virginiana). The groundcover consists of vines such as Japanese honeysuckle (Lonicera japonica) and wild grape (Vitis rotundifolia) with herbaceous individuals such as Christmas fern (Polystichum acrostichoides), and blackberry (Rubus argutus) also being present. Topography in the area is generally moderately sloped. 2.1 JURISDICTIONAL AREAS Wetland and stream delineations were conducted by ESI in 2013. A jurisdictional determination request was submitted to the Corps office in Asheville. A field visit was conducted by Mr. Steve Kichefski in June of 2013, and a JD letter was issued as a part of a Nationwide Permit Action in February, 2016 (Appendix A). 2.1.1 Jurisdictional Wetlands On-site jurisdictional waters of the U.S., as defined by the U.S. Army Corps of Engineers (USACE), were delineated by ESI during 2013. The site was evaluated utilizing the Eastern Mountains and Piedmont Regional Supplement (Version 2) published by the Corps of Engineers Wetland Delineation Manual (Environmental Laboratory 2012). Onsite wetlands consist of a few canopy tree species such as sweetgum (Liquidambar styraciva), yellow poplar (Liriodendron tulipifera), and Ironwood (Carpinus caroliniana). The majority of shrubs are saplings of canopy species. Herbaceous groundcover is dominated by microstegium (Microstegium vimineum), and poison ivy (Toxicodendron radicans). 2 2.1.2 Jurisdictional Streams Jurisdictional waters of the U.S. were classified according to USACE guidance. The results of the jurisdictional determination investigation indicated that there are several jurisdictional stream segments located within the development. All of these streams are either first or second order tributaries that either form or empty into Irish Buffalo Creek, a part of the Yadkin -Pee Dee River basin (HUC #03040105) (USGS 1974). 2.2 SOILS According to the USDA Soil Survey of Cabarrus County, six soil mapping units are found within the project boundary (Sheet 3 of 13). The soil units are summarized in Table 1. Table 1. Soil Summary Soil Unit Map Symbol General Characteristics Cecil Sandy Clay Loam, CeB2 2-8 percent slopes, eroded Deep to very deep, well drained moderately permeable soils on ridges and side slopes of the Piedmont. Cecil Sandy Clay Loam, 8-15 percent slopes, CeD2 eroded Chewacla Sandy Loam Ch Very deep, somewhat poorly drained, moderately permeable soils that Frequently Flooded occur in floodplains of the Piedmont Cullen Clay Loam CuB2 2-8 percent slopes, eroded Very deep, well drained moderately permeable soils formed in residuum from mixed mafic and felsic crystalline rocks that occur on Cullen Clay Loam CuD2 upland ridgetops and side slopes of the Piedmont. 8-15 percent slopes Enon Sandy Loam, 2-8 EnB percent slopes Very deep, well drained, slowly permeable soils on ridgetops and side slopes of the Piedmont. Enon Sandy Loam, 8-15 percent slopes EnD Pacolet Sandy Loam, 15- PaF Very deep, well drained, moderately permeable soils of the Piedmont. 35 percent slopes Poindexter Loam, 15-45 Moderately deep well drained, moderately permeable soils that formed percent slopes PoF in residuum from basic rocks or a mixture of basic and acidic rocks in the Piedmont. 3.0 ENDANGERED SPECIES Lowrys Environmental and Ecological Services, LLC (LEES) has conducted an investigation for the potential of endangered species or their associated habitats within an approximately 75 -acre area of a site known as the Kellswater Phase 3 development, located near the intersection of Kannapolis Parkway and Rogers Lake Road (southeast quadrant of the intersection), adjacent to Isenhour Road, in the City of Kannapolis, Cabarrus County, North Carolina. The USFWS (USFWS online database) indicates three species with ranges extending into Cabarrus County: Northern long eared bat (Myotis septentrionalis), Carolina heelsplitter (Lasmigona decorata), and Schweinitz' sunflower (Helianthus schweinitzii). On September 16, 2016, ESI personnel reviewed digital records kept by the North Carolina Natural Heritage Program (NCNHP). ESI evaluated the project study area during the period of September 21-22, 2016, for potential habitat associated with federally listed Threatened (T) or Endangered (E) species known to occur in Cabarrus County. It should be noted here that ESI performed the surveys for all of the terrestrial species. Surveys for Carolina heelsplitter were not performed due to the lack of quality habitat. The following Biological Conclusions are presented for review and are based on the research and surveys conducted for each of the species potentially present on the site. Northern long-eared bat (T) is a medium-sized bat about 3 to 3.7 inches in length but with a wingspan of 9 to 10 inches. The northern long-eared bat is found across much of the eastern and north central United States and all Canadian provinces from the Atlantic coast west to the southern Northwest Territories and eastern British Columbia. During summer, northern long-eared bats roost singly or in' colonies underneath bark, in cavities, or in crevices of both live and dead trees. Males and non-reproductive females may also roost in cooler places, like caves and mines. This bat seems opportunistic in selecting roosts, using tree species based on suitability to retain bark or provide cavities or crevices. Northern long- eared bats spend winter hibernating in caves and mines. They typically use large caves or mines with large passages and entrances; constant temperatures; and high humidity with no air currents. NCNHP records review indicates no documented occurrences within a one-mile radius of the project study area. Low quality potential habitat for this species may exist within the project study area. No known hibernacula or maternity roost trees are known to exist on or near the property. Biological Conclusion: May effect, not likely to adversely affect Carolina heelsplitter (E) tends to inhabit shaded areas in large rivers to small streams and is often burrowed into clay banks between the root systems of trees, or in runs along steep banks with moderate current. The more recent habitat where the Carolina heelsplitter has been found is in sections of streams containing bedrock with perpendicular crevices filled with sand and gravel, and with wide riparian buffers. The project study area does contain some small streams that may provide marginal habitat for Carolina heelsplitter. NCNHP records review indicates no documented occurrences within a one-mile radius of the project study area. Biological Conclusion: No effect Schweinitz' sunflower (E) tends to grow in soils that are thin, occur on upland interstream flats or gentle slopes, are clayey in texture, and, when weathered from metasedimentary rocks, often contain large quantities of slaty rock fragments. This species also inhabits generally open areas, with abundant sunlight and little competition from other vegetation. Suitable habitat for this species is present along the open areas along roadsides and within the large powerline corridor present on site. Additionally, there are areas that have been previously cleared that are in early succession that provide marginal habitat. During the systematic survey of these areas, no individuals of Schweinitz' sunflower or related species were observed. NCNHT records review indicates no documented occurrences within a one - 9 mile radius of the project study area. Biological Conclusion: No effect 4.0 CULTURAL RESOURCES ESI has conducted a preliminary review for cultural resources that are known to occur on or near the proposed project site. In addition, a request for project review has been submitted to the NC State Historic Preservation Office (NC SHPO). Results of the review by NC SHPO have not been received by the applicant. Once we receive comments from the NC SHPO, we will forward these comments to the US Army Corps of Engineers for review. At that time, a determination as to whether further cultural resource work is necessary on the subject property will be made. 5.0 ALTERNATIVES ANALYSIS Prior to the current owners purchasing the Kellswater Development project, entitled properties in the northern portion of the Charlotte Metropolitan Area were reviewed. The developers were interested in properties that could be developed as a residential development, tied to the adjacent commercial and institutional areas located in the general aera. The owners were also looking for property that was entitled by the local government for development which would facilitate development quickly once the housing market recovered. At this time (2010), it was not feasible to develop raw land with no entitlements due to the tight credit market and the fact that distressed properties were available for purchase. When selecting propertys from all available alternatives, the owners were utilizing the following criteria: (1) the development needed to be in a fast growing area within the Charlotte Metropolitan Area, specifically Cabarrus County (2) the site needed to be entitled, and (3) the majority of the site needed to be constructable without Section 404/401 Permitting (minimal impacts to wetlands and streams). The overall Kellswater site met these criteria. The site is located in north -central Cabarrus County (City of Kannapolis), it was entitled by the previous owners, and Phases 1, 2, 4, and 5 could be constructed without Section 404/401 Impacts to wetlands or streams. However, now that the development has reached the point of needing to make impacts within Phase 3 of the project. With this in mind, altenatives to the Phase 3 site must be evaluated to make sure that this is the Least Environmentally Damaging Practicable Alternative (LEDPA), that meets the purpose and need of the project. The criteria for choosing alternative sites for Phase 3 were as follows: (1) the site needs to be adjacent to the existing phases of the Kellswater site to maintain connectivity to the existing facilities/infrastructure, (2) the parcel (or group of parcels) needs to contain at least 50 -acres of buildable area to generate the needed area for housing, and the site needs to be available for sale and easlily entitled (zoned to Traditional Neighborhood Development (TND) if it is not already). In addition to these conditions, the amount of impacts to natural (wetlands, streams, endangered species) and cultural resources needs to be evaluated. For the purposes of this environmental document, seven potential alternatives will be reviewed: (1) the "No Action Alternative," (2) the "No Permit Alternative," (3) the R "Multiple Owners" Alternative, (4) the "Ingram Site" Alternative, (5) the "Kellswater Commercial Site" Alternative, (6) the "Overcash Site" Alternative, and (7) the "Kellswater Phase 3 Site " Alternative (the preferred alternative) (Sheet 5 of 13). 5.1 "NO ACTION" ALTERNATIVE A "No Action" alternative, which means the applicant will not develop the site, therefore avoiding all wetland and surface water impacts, is not a reasonable alternative for this project. The demand for additional housing lots in this area is high and additional development land that has access to existing infrastructure is non-existent in this area of Kannapolis and Cabarrus County, NC. No Action would basically mean that the project's overall purpose and need would not be met because due to the fact that the site would not be developed and another site would need to be located. Since this does not meet the overall purpose and need of the project, the "No Action Alternative" is not a viable alternative. 5.2 "NO PERMIT" ALTERNATIVE A "No Permit" alternative which avoids all wetland and surface water impacts, is not a reasonable alternative as the site would need to be completely redesigned in order to avoid the discharge of fill into any wetlands and streams located on site. All development areas that may encroach into jurisdictional areas would need to be redesigned to avoid the jurisdictional impacts. Overall, the critical design criteria needed to make the project viable could not be implemented, making it impossible to meet the project's purpose and need. Due to these factors, the No Permit alternative is not considered a practicable alternative. 5.3 MULTIPLE OWNERS ALTERNATIVE Location: The Multiple Owners alternative is located adjacent to the existing Kellswater development and Rogers Lake Road, approximately 0.4 mile east of the intersection of Kannapolis Parkway and Rogers Lake Road, within the City of Kannapolis, Cabarrus County, North Carolina (Sheet 6 of 13). The property has mixed zoning (Agricultural (AG) and Traditional Neighborhood Development (TND)). The parcels that are not currently zoned TND would need to be rezoned before the development could be entitled by the city. Land Use: Based on GIS mapping obtained from the Cabarrus County, the site is undeveloped and consists of mostly undisturbed forestland with a small area of pastureland. Two of the parcels that make up this conglomerate of parcels, are occupied currently. Environmental Concerns: There are two tributary systems estimated to be within this alternative (Irish Buffalo Creek and an unnamed tributary to Irish Buffalo Creek). Irish Buffalo Creek has an extensive floodplain which we estimate would contain areas of wetlands. The unnamed tributary along with the potential wetland areas make the area challenging to develop without any impact. In addition to the wetlands and streams located on site, limited habitat for endangered species may be present on site. Further, with the site being in a relatively undisturbed setting, and adjacent to a major creek, cultural resources may be present. Advantages to this Alternative: The site has great access from Rogers Lake Road and a portion of the site is zoned properly for a TND development. Impacts to streams may be less than the preferred alternative. Disadvantages to this Alternative: There are four major disadvantages to this proposed alternative. First, the site does not meet the minimum size required (f50 buildable acres) for the proposed development. Secondly, the site is not fully entitled and ready for development,, based on our current research. There would be considerable expense in obtaining the correct zoning to meet the conditions required by a TND development. Secondly, the proposed site would need to impact the majority of streams and wetlands to provide buildable area. Since the general size requirement has not been met, buildable area must be maximized in order to meet the purpose and need of the development. Thirdly, the proposed site has the potential to contain both significant cultural resources and endangered species. All undeveloped sites have this potential, but given the size and location of this area the odds are greater that something significant could be present. Lastly, and most importantly, the parcels are owned by several different landowners and none of the parcels are currently available for purchase. Based on the fact that the Multiple Owners Site has the potential to have impacts to wetlands and streams, endangered species, and cultural resources, and is also not currently available for purchase, the site does not meet the purpose and need for the project and therefore cannot be considered a practicable alternative. 5.4 INGRAM ALTERNATIVE Location: The Ingram Site alternative is located east of and adjacent to Irish Buffalo Creek within the City of Kannapolis, Cabarrus County, North Carolina (Sheet 7 of 13). The property is zoned medium density residential (RM -2). Land Use: Based on current mapping by the Cabarrus County, the site is undeveloped and consists of mostly pastureland and forested areas. Environmental Concerns: Irish Buffalo Creek forms the western property boundary for this alternative. In order to connect to the existing development, a bridge crossing would likely be required. This would be extremely costly connection. Additionally, there is a sizable floodplain on the property. In addition to Irish Buffalo Creek and the potential wetlands located within its floodplain areas, habitat for endangered species (specifically Schweinitz's sunflower) may be present on site. Further, with the site being in a relatively undisturbed setting, cultural resources may be present. Advantages to this Alternative: The site may meet the general size criteria of ±50 buildable acres (the unbuildable floodplain area may reduce the buildable area below 50 -acres). The property is currently zoned medium density residential. Additionally, the disturbance noted on site (presence of cleared, pasture type areas) reduces the probability of significant cultural resources being located on site, and potential wetland and stream impacts would be limited to the floodplain areas of Irish Buffalo Creek. Disadvantages to this Alternative: There are five major disadvantages to this proposed alternative. First, the site may not meet the minimum buildable area of f50 -acres due to the 7 extensive floodplain located on the site. Secondly, the site is not fully entitled and ready for development, based on our current research. There may be considerable expense in obtaining the correct zoning to meet the conditions required by a TND development. Thirdly, the proposed site has the potential to contain endangered species. With open habitat present, Schweinitz's sunflower have higher probability of being present than the other alternatives. Additionally, access to the site is problematic as the only current access would be from Bergin Street via Independence Square (from Rogers Lake Road). The roads would likely need to be upgraded to handle the traffic associated with the new development. Lastly, and most importantly, the site is currently unavailable for purchase. Based on the fact that the site may not meet the minimum buildable size requirement, is not fully entitled and zoned properly, access issues and the fact that the site is currently unavailable for purchase, the site does not meet the purpose and need for the project and therefore cannot be considered a practicable alternative. 5.5 KELLSWATER COMMERCIAL ALTERNATIVE Location: The Kellswater Commercial Site alternative is located at the intersection of Rogers Lake Road and Kannapolis Parkway, within the City of Kannapolis, Cabarrus County, North Carolina (Sheet 8 of 13). The property is zoned General Commercial (C-2) Land Use: Based on current mapping by the Cabarrus County, the site is undeveloped and consists of mostly cleared land. Environmental Concerns: There is a small tributary that forms the northern property boundary. Irish Buffalo Creek forms the western property boundary for this alternative. In order to connect to the existing Kellswater development, a bridge crossing would likely be required. This would be an extremely costly connection. Additionally, there is a sizable floodplain on the property. In addition to Irish Buffalo Creek and the potential wetlands located within its floodplain areas, habitat for endangered species (Schweinitz's sunflower) may be present on site. Further, with the site being in a relatively undisturbed setting, cultural resources may be present. Advantages to this Alternative: The site meets the general size criteria of f50 buildable acres. Additionally, the disturbance noted on site (presence of cleared areas) reduces the probability of significant cultural resources being located on site, and potential wetland and stream impacts would not be required. The site has great access from both Kellswater Parkway and Rogers Lake Road. Disadvantages to this Alternative: There are three major disadvantages to this proposed alternative. First, the site is not fully entitled and ready for development, based on our current research. There would be considerable expense in obtaining the correct zoning to meet the conditions required by a TND development. The City would also be reluctant to rezone the parcel from commercial to a residential use due to the lack of commercial area in the area. Secondly, the proposed site has the potential to contain endangered species. With open habitat present, Schweinitz's sunflower has a higher probability of being present than most of the other alternatives. Lastly, and most importantly, the site is currently unavailable for purchase. 8 Based on the fact that the site is not fully entitled and zoned properly, and is currently unavailable for purchase, the site does not meet the purpose and need for the project and therefore cannot be considered a practicable alternative. 5.6 OVERCASH ALTERNATIVE Location: The Overcash Site alternative is located south of the existing Kellswater Developmment, of and adjacent to Irish Buffalo Creek within the City of Kannapolis, Cabarrus County, North Carolina (Sheet 9 of 13). The property is zoned Agricultural (AG). Land Use: Based on current mapping by the Cabarrus County, the site is undeveloped and consists of mostly pastureland and some small forested areas. Environmental Concerns: Irish Buffalo Creek forms the easterm property boundary for this alternative. Additionally, there is a sizable floodplain on the property. There is also the possibility of an unnamed tributary forming on the property and flowing to Irish Buffalo Creek. In addition to Irish Buffalo Creek and the potential wetlands and stream located within or near its floodplain areas, habitat for endangered species (specifically Schweinitz's sunflower) may be present on site. Further, with the site being in a relatively undisturbed setting, cultural resources may be present. Advantages to this Alternative: The site may meet the general size criteria of ±50 buildable acres (the unbuildable floodplain area may reduce the buildable area below 50 -acres). The property is currently zoned agricultural (AG). Additionally, the disturbance noted on site (presence of cleared, pasture type areas) reduces the probability of significant cultural resources being located on site, and potential wetland and stream impacts would be limited to the floodplain areas of Irish Buffalo Creek and possibly the small unnamed tributary. Disadvantages to this Alternative: There are four major disadvantages to this proposed alternative. First, the site may not meet the minimum buildable area of f50 -acres due to the extensive floodplain located on the site. Secondly, the site is not fully entitled and ready for development, based on our current research. There may be considerable expense in obtaining the correct zoning to meet the conditions required by a TND development. Secondly, the proposed site has the potential to contain endangered species. With open habitat present, Schweinitz's sunflower will have a higher probability of being present than most of the other alternatives. Lastly, access to the site is problematic as the only current access would be from Camp Cabarrus Road, via Kannapolis Parkway. This road would likely need to be upgraded to handle the traffic associated with the new development. This would be very costly and may also affect adjacent property owners. In addition to the problematic nature of improving Camp Cabarrus Road, a connection to the existing Kellswater development would require impacts to both wetlands and stream. Lastly, and most importantly, the site is currently unavailable for purchase. Based on the fact that the site may not meet the minimum buildable size requirement, is not fully entitled and zoned properly, access issues and the fact that the site is currently unavailable for purchase, the site does not meet the purpose and need for the project and therefore cannot be considered a practicable alternative. Z 5.7 KELLSWATER PHASE 3 ALTERNATIVE (Preferred Alternative) Location: The Kellswater Phase 3 site alternative is located adjacent to the existing Kellswater development and has access from Rogers Lake Road. The Kellswater Phase 3 site is currently zoned properly (TND). The property is located adjacent to Isenhour Road and Irish Buffalo Creek near the intersection of Rogers Lake Road and Kannapolis Parkway, in the City of Kannapolis, Cabarrus County, North Carolina (Sheet 10 of 13). Land Use: The current land use of the proposed development areas would be primarily silviculture, with some small areas of cleared pastureland. Environmental Concerns: A large unnamed tributary separates this parcel from the remaining Kellswater Development. Additionally there are two other small unnamed tributarys that occur on site. The pasture areas also have the potential for endangered species (Schweinitz's sunflower). Advantages to this Alternative: The site meets the size and zoning requirements and the site was available for purchase. Impacts to jurisdictional waters have been minimized. Additionally, there would be no known effects to endangered species or cultural resources. The site also meets the purpose and need for the project, as well as all other siting requirements. Disadvantages to this Alternative: Permanent stream impacts of 205 linear feet and permanent wetland impacts of 0.035 -acre which will allow for the construction of this unique transportation oriented development. Based on the fact that the preferred alternative is the only alternative that meets the purpose and need of the project, and does so while minimizing jurisdictional impacts to the greatest extent practicable, we believe that preferred alternative would be the least damaging, environmentally preferable alternative. 6.0 AVOIDANCE AND MINIMIZATION Wetland and stream impacts on the preferred alternative have been avoided and/or minimized to the greatest extent practicable. The project will impact approximately 205 linear feet. The vast majority of jurisdictional areas are avoided by the development of the property. The reason that the vast majority of jurisdictional areas are avoided is that the developer's engineer took care to try and avoid jurisdictional areas to the greatest extent practicable. All stream impacts are to first order, intermittent streams. The wetland that is proposed for impact is a small wetland area at the head of one of the tributaries (Sheets 11-13 of 13). During the initial design efforts, several configurations were evaluated for lot efficiency and environmental impact. The first draft of a sketch plan (Sheet 12 of 13) had approximately 650 linear feet of stream impact and approximately 0.2 -acre of wetland impact. All of the impacts were directly related to either lot fill or road fill. This plan would call for impacts to the entire stream and wetland system that drains to Irish Buffalo Creek along the eastern property boundary. Additionally, a small wetland pocket along the southern boundary of this E phase would also be completely eliminated by this plan. The engineer and developer both agreed that the impacts were too great and that a plan could be derived on this site that met the overall need for lots while minimizing impacts to jurisdictional areas. The second draft of the sketch plan (Sheet 12 of 13) reduced impacts to the wetland and stream system that drains to Irish Buffalo Creekby approximately 200 linear feet, but the central portion of the stream reach would still be impacted by lot fill and isolating the upper portion of the reach and the small wetland at the head of the reach above the pipe that would be needed to pass water through the area of fill. Additionally, the small wetland along the southern boundary of the phase is eliminated, as well (Proposed Impacts: Stream -450 If; Wetland -0.2 -acre). Again the engineer and the developer determined that a better plan that still met their development goals with fewer impacts was still possible. A third draft of the sketch plan (Sheet 12 of 13) was reviewed and it consisted of the same basic plan as the second draft with the exception of connecting the two cul-de-sacs and placing a culverted crossing in the tributary to Irish Buffalo Creek. The engineer calculated that the impacts would be nearly the same as the second draft sketch plan with a similar lot efficiency. This plan was discarded also. The final plan, which is presented as the preferred plan (Engineering Drawings: Sheets 1-5 of 5) reduce impacts to the tributary to Irish Buffalo Creek down to 67 linear feet. The wetland at the head of this tributary is also lost, but the wetland size is relatively small (0.032 -acre). A small trail crossing (20 linear feet) of this same triburary is planned for a trail system along Irish Buffalo Creek. The secondary tributary that drains to another tributary of Irish Buffalo Creek also benefits from this plan as impacts are reducted from approximately 200 linear feet down to 118 linear feet. Impacts to the the wetland along the southern phase boundary is elimated completely. It should be noted here that, when feasible, the current site design also integrated sewer lines into road rights of way to prevent impacts. In summary, the developer and his engineer has designed a site that meets the stated purpose and need of the project while avoiding and minimizing impacts to jurisdictional areas to the greatest extent practicable. Table 2 summarizes the proposed impacts for each version of the sketch plan. Tahle 2. Summary of Jurisdictional Imnacts for Each Sketch Plan Reviewed. Sketch Plan Version Stream Impacts linear feet Wetland Impacts acres I" Sketch Plan ±650 ±0.2 2nd Sketch Plan ±450 ±0.17 3rd Sketch Plan ±430 ±0.17 Final referred Sketch Plan 205 1 0.03 7.0 PROPOSED JURISDICTIONAL IMPACTS As mentioned above, the proposed plan calls for the three separate stream impacts totaling 205 linear feet of permanent stream impact and 0.035 -acre of permanent wetland impact. These impacts are two main types: (1) wetland/stream fill, and (2) culverted stream crossing. It should be noted here that the culvert placed for the stream crossing for the trail will be buried to the appropriate depth to facilitate aquatic movement through the pipe. Fill placed in headwater streams will be done in such a way as to facilitate the movement of water through the fill until it is "daylighted." This will be accomplished using "french drains" or other acceptable engineering techniques. Engineering Drawings are attached that depict the proposed impacts associated with the project (Engineering Drawings: Sheets 1-5 of 5). 7.1 WETLAND IMPACTS There is one, very small wetland impact associated with the project. Wetland Impact 1 consists of the placement of a culvert for a road crossing and some lot fill. Table 3 below, summarizes the impacts to jurisdictional wetlands associated with the project. Table 3. Wetlands Impact mary Wetland Area of Located Engineering Impact Type of Impact Impact within Drawings Site (acres) 100 -year Sheet Number Floodplain Number(s) I Fill/Road 0.035 No 1, 2, 3 Crossing Total Wetland Impacts: 0.035 -acre 7.2 STREAM IMPACTS There are three separate stream impacts located on site. Stream Impact 1 consists of fill placed in a headwater stream (and the adjacent wetland) for a road crossing and associated lot development. Stream Impact 2 consists of fill placed in a headwater stream for lot development. Stream Impact 3 consists of the placement of a culvert for a trail crossing. Table 4 below, summarizes the proposed impacts to jurisdictional streams associated with the project. 12 Table 4. Stream Impact Summary Stream Area of Length of Area of Temporary or Required Engineering Impact Type of Impact Impact Permanent perennial or Drawings Site Impact (Linear Feet) (Acres) Impact Intermittent Sheet Number Number(s) 1 Fill 67 0.003 Permanent Intermittent 1, 2, 3 2 Fill 118 0.005 Permanent Perennial 1, 2, 4 3 Trail 20 0.002 Permanent Perennial 1, 2, 5 Crossing Total Permanent Stream Impacts: 205 linear feet (0.01 -acre) 8.0 MITIGATION The applicant proposes to compensate for wetland and stream impacts through the purchase of both stream and wetland mitigation from the NC Division of Mitigation Services (NCDMS). Application has been made to the NCDMS since there are no wetland or stream mitigation banks that service the area of the project. The applicant has made application to the NCDMS for both the stream and wetland impacts associate with the project. Correspondence from NCDMS accepting responsibility for both the wetland and stream mitigation is attached as Appendix B. Tables 5 and 6 summarize the impacts associated with the project and the mitigation required to compensate for the impacts. The North Carolina Stream Assessment Method (NCSAM) worksheets that were used in determining the mitigation ratios for the proposed stream impacts are included in Appendix C. Table 5. Wetland Mitigation Summary Wetland Area of Impact Impact Required Site Mitigation Number (acres) 1 0.035 0.25 -acre Total Required Wetland Mitigation: 0.25 -acre 13 Table 6. Stream Mitigation Summary *Note: Ratios are based on the following values: Perennial High = 2:1; Perennial Medium = 1.75:1; Perennial Low = 1.5:1; Intermittent High = 1:1; Intermittent Medium = 0.75:1; Intermittent Low = 0.5:1 9.0 ENVIRONMENTAL AND PUBLIC INTEREST FACTORS Information regarding the physical/chemical characteristics and anticipated changes, biological characteristics and anticipated changes, and human use characteristics and impacts of the proposed project were used to make the determination that this project is not contrary to the public interest. This information is summarized below: 9.1 PHYSICAL/CHEMICAL CHARACTERISTICS AND ANTICIPATED CHANGES • Substrate: Earthmoving will occur within the Kellswater Phase 3 development project; however, no significant changes to the general substrate are anticipated other than what is necessary for construction and landscaping. • Currents, Circulation, or Drainage Patterns: Stream and wetland impacts are proposed; however, no significant changes to the overall circulation and drainage of the Kellswater Phase 3 development project are anticipated. • Suspended Particulates and Turbidity: The approved Erosion and Sedimentation Control Plan will be strictly enforced to maintain State and federal water quality standards during construction. • Water Quality: Overall water quality on the site is expected to increase as a result of a comprehensive stormwater management plan and associated buffer areas. Downstream water quality will not be affected by the Kellswater Phase 3 14 Intermittent Perennial Stream Impact Site Impact Required Mitigation Required Mitigation Number (Linear Feet) Ratio* Ratio* Linear Feet Linear Feet 1 67 0.75 (50) X 2 118 0.75 (89) X 3 20 0.75 (15) X Previous Impacts 112 X 1.75 (196) (NWP 29) TOTAL 317 154 196 TOTAL REQUIRED STREAM 350 linear feet MITIGATION *Note: Ratios are based on the following values: Perennial High = 2:1; Perennial Medium = 1.75:1; Perennial Low = 1.5:1; Intermittent High = 1:1; Intermittent Medium = 0.75:1; Intermittent Low = 0.5:1 9.0 ENVIRONMENTAL AND PUBLIC INTEREST FACTORS Information regarding the physical/chemical characteristics and anticipated changes, biological characteristics and anticipated changes, and human use characteristics and impacts of the proposed project were used to make the determination that this project is not contrary to the public interest. This information is summarized below: 9.1 PHYSICAL/CHEMICAL CHARACTERISTICS AND ANTICIPATED CHANGES • Substrate: Earthmoving will occur within the Kellswater Phase 3 development project; however, no significant changes to the general substrate are anticipated other than what is necessary for construction and landscaping. • Currents, Circulation, or Drainage Patterns: Stream and wetland impacts are proposed; however, no significant changes to the overall circulation and drainage of the Kellswater Phase 3 development project are anticipated. • Suspended Particulates and Turbidity: The approved Erosion and Sedimentation Control Plan will be strictly enforced to maintain State and federal water quality standards during construction. • Water Quality: Overall water quality on the site is expected to increase as a result of a comprehensive stormwater management plan and associated buffer areas. Downstream water quality will not be affected by the Kellswater Phase 3 14 development project due to the stormwater practices that will be implemented during site development. • Flood Control Functions: Alterations to the site as a result of the Kellswater Phase 3 development project will not result in a reduction of flood control functions due to the fact that the project will be located outside of any regulated floodplain. • Storm, Wave and Erosion Buffers: The Kellswater Phase 3 development project will have no effect on storm, wave and erosion buffers. • Aquifer Recharge: Preliminary assessments indicate that the Kellswater Phase 3 development project will not have an effect on aquifer recharge. • Baseflow: The Kellswater Phase 3 development project will not have an effect on baseflow. 9.2 BIOLOGICAL CHARACTERISTICS AND ANTICIPATED CHANGES • Special Aquatic Sites: Certain unavoidable impacts to wetlands and streams will result from this project; however, impacts have been minimized to the maximum extent possible, and are being mitigated through the purchase of wetland and stream mitigation credits from the NC Division of Mitigation Services. • Habitat for Fish and Other Aquatic Organisms: No significant habitat degradation is anticipated as a result of the project. Appropriate culverts and pipes will be used for crossings that allow for aquatic life passage, including burying pipes. • Wildlife Habitat: No significant habitat degradation is anticipated as a result of the Kellswater Phase 3 development project. Fragmentation will occur; however, those species occurring on the site are adaptable to fragmented landscapes. Wildlife corridors and open space will be left undisturbed throughout the project when possible. • Endangered or Threatened Species: Protected species issues are addressed in Section 3.0 of this report. 9.3 HUMAN USE CHARACTERISTICS AND IMPACTS • Existing and Potential Water Supplies: The Kellswater Phase 3 development project should have no effect on existing or potential water supplies. • Recreational or Commercial Fisheries: No effect. • Other Water Related Recreation: No effect. • Aesthetics of Aquatic Ecosystem: No effect. • Parks, National and Historic Properties, etc.: No effect. • Traffic/Transportation Patterns: The design team does not anticipate any issues with traffic resulting from this project. • Energy Consumption/Generation: No effect. LIN • Navigation: No effect. • Safety: No effect. • Air Quality: No effect. • Noise: No effect. • Historic Properties: The NC SHPO has been advised of the project and we are currently waiting on a determination of whether or not additional cultural resource work will be necessary. • Land Use Classification: The design team and applicant have dealt with all zoning issues. • Economics: The Kellswater Phase 3 development is not anticipated to have any significant effect on the local economy other than to provide the necessary supply of housing needed in the area. • Property Values: Property values in the vicinity may increase as a result of the project • Regional Growth: The Kellswater Phase 3 development project is not intended as driver of regional growth. It is only intended to provide needed additional housing supply. • Tax Revenues: The Kellswater Phase 3 development should increase tax revenues for the county, state and federal governments modestly. • Employment: The Kellswater Phase 3 development project is not anticipated to create a significant increase in employment for the area. However, there may be a slight increase in construction related jobs during the period of construction. • Public Facilities: Not applicable. • Business Activity: Not applicable. • Prime and Unique Farmland: No effect. • Food and Fiber Production: There will be a modest reduction in fiber production as a result of this project in that some of the land was previously used for timber production. • Water Quantity: Other than the direct impacts to wetlands and streams on the site, which are being mitigated, the Kellswater Phase 3 development project should not affect water quality. • Mineral Needs: No effect. • Consideration of Private Property: No effect. • Community Cohesion: The Kellswater Phase 3 development project should not impact existing community cohesion. • Community Growth and Development: The Kellswater Phase 3 development project will not affect future community growth and development. • Relocations: No relocations are anticipated as a result of this project. 10 10.0 SUMMARY The Kellswater Phase 3 development project is being proposed in order to meet the need/market for a high end residential development (single family residential) in Kannapolis, Cabarrus County, North Carolina, a portion of the greater Charlotte Metropolitan Area. The project, as proposed, will require approximately 205 linear feet of permanent jurisdictional stream impact and approximately 0.035 -acre of permanent wetland impact. Additionally, the owners will be providing compensatory mitigation for the impacts that were permitted previously by a Nationwide Permit (112 linear feet). To compensate for this loss, the applicant proposes to purchase stream and wetland mitigation from the NC Division of Mitigation Services to satisfy all compensatory mitigation needs. 17 FIGURES (Sheets 1-13) O} I ) /'� l r 77 Zs 1 _ Project Location 77 acres) Al- > ��"`,° - '��_- 1. z'' �.-.,�'.,'-'�'-�y,� , _ , ~' IQ� ,r� • � , a • �,�,,,�;�i f _._ �� ��1jilt Overall Development (± 256 acres) iil� �,�- '`) i i l a 1C�'c+ �i a ✓. 1 ✓ (l , - i \ 411 a`s� ~�"' 'S f� , '{ , � , t,. � .1 S � 7 1 I l i ..•y �y..'a a) I �S 1� ^. � a...+±� l/ rus'`:' f' J.., w„ � ' � f � tr� `-,' ' ` --.,.. , LJ �'.� }t" y '• 1 I S SQ " `�.. `�a.�'A % 6, f •'�-) �1' 11;4 .. " } , = ,� . r • `.'. v...�la t f • 0 Overall Development j ,' ~Wa F --- Project Area i Tan 0 660 1,320 iii�f r •,,' �` +.,.f1'ct i./' 1 t Feet o::.ti \,\i, y`� - j •^`'fir `j j 1 inch equals 1,320 feet - }� t r�'� \ / -f% } Source: Landvoyage.com, •, j I ~ :✓, �a USGS Kannapolis (NC) Quadrangle, 2000. I s f{ Disclaimer: The information depicted on this figure is for + ! ��„ / ✓y f`a j{ informational purposes only and was not prepared for, is not suitable for legal or engineering purposes. +' ;1` 4 �. •�4J�`„�j f. �jr'=. r ` N ' , Kellswater Phase 3 Lowrys Environmental & City of Kannapolis, CabarruDs�County, North Carolina USGS Ecological Services, LLC Drawn By: SPP Date: 06-23-17 Rev. 1823 Quinn Road Chester, South Carolina 29706 rprojec-7m gr. SPP Scale: 1"=1,320' Sheet: 1 of 13 803-992-0910 .Nk ,r ,e CU82 Poi. f- N i2 ) CC8 2 Project Location ,- (± 256 acres) EnD Ch ni 3 t>-- r 'Ptos 1 t CcD2 u02 '. fl2 �IIN C MeDj ,82 -- _ ..q L C U8 J --- ` `` C8 CUB? EnB 2 Y 4 5n, n B B2 Soils Legend - - SYMBOL FULL NAME 'CcB2 Cecil sandy day loam, 2 to 8 percent slopes, eroded p "Luc".,, CcD2 Cecil sandy day loam, 8 to 15 percent slopes, eroded Ch fl'l V Chewada sandy loam, frequently flooded V _ CUB2 Cullen day loam, 2 to 8 percent slopes, eroded EnDCuD2 Cullen day loam, 8 to 15 percent slopes En6 Enon sandy loam, 2 to 8 percent slopes EnD Enon sandy loam, 8 to 15 percent slopes PaF Pacolet sandy loam, 15 to 35 percent slopes PoF Poindexter loam, 15 to 45 percent slopes Overall Boundary Project Area Location and extent is approximate. Source: USDA Soil Survey of Cabarrus Countyi.b (Not drawn to scale) aF Disclaimer The information depicted on this figure is for formational purposes only and was not prepared for, and is not suitable for legal or engineering purposes. C 08 G VL7 Kellswater Phase 3 Lowrys Environmental & City of Kannapolis, Cabarrus County, North Carolina USGS To o Map Ecological Services, LLC Drawn By: SPP Date: 06-23-17 Rev. 1823 Quinn Road Chester, South Carolina 29706 Project Mgr. SPP Scale: Not to Scale Sheet: 2 of 13 803-992-0910 Kellswater Phase 3 Lowrys Environmental 8s City of Kannapolis, Cabarrus County, North Carolina USGS Topo Map Ecological Services LLC Drawn By: SPP Date: 06-23-17 Rev. 1823 Quinn Road Chester, South Carolina 29706 Project Mgr. SPP Scale: 1"=1,320' Sheet: 3 of 13 803-992-0910 0 U,S. Fish and Wildlife Service National Wetlands Invento Wetlands June 28, 2017 Ths nep I. f« g.n.ral r.f.rence..N. Th. us Fsh and wtfdwfe Servs M not responsible for the accuracy or currentness of the Wetlands base data shown on this map. AN wetlands "ad data should Freshwater Emergent Wetland Lake be used naccordencewith thelayer metadatef-ridonthe Estuarine and Marine Deepwater Wellanrle Mapper web.Ae. 09 P � Freshwater Forested/Shrub Wetland [' Other Estuarine and Marine Wetland Freshwater Pond Riverine Project Area Overall Boundary Location and extent is approximate. Source: USFWS NWI Mapper (Scale: As Noted) Disclaimer: The information depicted on this figure is for informational purposes only and was not prepared for, and is not suitable for legal or engineering purposes. Kellswater Phase 3 City of Kannapolis, Cabarrus County, North Carolina USGS Togo Mao Drawn By: SPP I Date: 06-23-17 1 Rev. Project Mgr. SPP I Scale: Not to Scale I Sheet: 4 of 13 aasanm we,enrc Lowrys Environmental & Ecological Services, LLC 1823 Quinn Road Chester, South Carolina 29706 803-992-0910 Multiple (*vners f (±32.5 Kellswater Kellswater Commercial Phase 3 (±54.2 -ac.) (±77 -ac.) IngrafTI r. (±44.2-a(..) Kellswater 'Yevelopment 4 17, Overcash (±5 c. 4, M Multiple Owners Alternative Kellswater Development Location and extent is approximate. Source: Cabarrus County, INC GIS (Scale: Not to Scale) Disclaimer: The information depicted on this figure is for informational purposes only and was not prepared for, and is not suitable for legal or engineering purposes. Kellswater Phase 3 Lowrys Environmental 8s City of Kannapolis, Cabarrus County, North Carolina Cabarrus County, NC GIS Aerial (Unknown Date) Ecological Services, LLC Drawn By: SPP Date: 06-23-17 Rev. 1823 Quinn Road Chester, South Carolina 29706 Project Mgr. SPP Scale: Not to Scale Sheet: 6 of 13 803-992-0910 v Lam.„.. �r - j -i�- ,K r , 1 17 ` � a ,. s i2 D a •'t s e I Ingram i Kellswater evelopment Ira 4. t �;4 - �. err \•�^ � �',. � '71 Ow �._ 7v } Date: 06-23-17 Kellswater Commercial Alternative Kellswater Development Location and extent is approximate. Source: Cabarrus County, NC GIS (Scale: Not to Scale) Disci mer The information depicted on this figure is for informational purposes only and was not prepared for, and is not suitable for legal or engineering purposes. i����M � �l�► rir+W.#� Kellswater Phase 3 Lowrys Environmental & City of Kannapolis, Cabarrus County, North Carolina Cabarrus County, NC GIS Aerial (Unknown Date) Ecological Services, LLC Drawn By: SPP Date: 06-23-17 Rev. 1823 Quinn Road Chester, South Carolina 29706 Project Mgr. SPP Scale: Not to Scale Sheet: 8 of 13 803-992-0910 12: A V JPt. Kellswater evelopment sir 7 r- Kellswater Phase 3 Lowrys Environmental City of Koa�nnapolis, Cabarrus County, North Carolina [Drawn ;By: Cabarrus SPP County, Date: NC GIs 06-23-17 Aerial (Unknown Date) Rev. Ecological Services, LLC 1823 Quinn Road Chester, South Carolina 29706 Project Mgr. SPP Scale: Not to Scale Sheet: 9 of 13 803-992-0910 Kellswater Phase 3 Alternative Kellswater Development Location and extent is approximate. Source: Cabarrus County, NC GIS (Scale: Not to Scale) Disclaimer: The information depicted on this figure is for informational purposes only and was not prepared for, and is not suitable for legal or engineering purposes. •"4000mootifMW Kellswater Phase 3 Lowrys Environmental 8v City of Kannapolis, Cabarrus County, North Carolina Cabarrus County, NC GIS Aerial (Unknown Date) Ecological Services, LLC Drawn By: SPP Date: 06-23-17 Rev. 1823 Quinn Road Chester, South Carolina 29706 Project Mgr. SPP Scale: Not to Scale Sheet: 10 of 13 803-992-0910 —I_., w wz�p �� ■ pmpesad Phwe 1C GRAPHIC SCALE Iwetal E%Is1bg Phar 2A �,ULSWA'rep IS It 1 DCsg DEVELOPMENT INFORMATION: Project: The Village at Kellswater Bridge Cabarrus County, North Carolina Developer: MRECV - KW, LLC cro L Star Management, LLC 516 N. West Street Raleigh, North Carolina 27603 Phone: 919-256-1981 Zoning: TND (Traditional Neighborhood Development) Parcels Ovmed by MRECV Aueavis Acreage Density Phase (AcJ Developed tmrvomt (Unils/Ac.) Irmo Ino i t oosal No es: -TND Master Plan is subjadto applimble Kannapalis UDO in place atdme of approval. -Lot lines, street lombona, common open space. and density, in proposed phases are shown as mncepWal and subject te revision by the developer during dna final design pmmas. Max Density or Development shall not =ad 960 Units (3.75 UnitrJAc.) - Common Open Spam shall not be lass Bran 12.81 A'(5%) - AN lob tees than 50' in width shall be acrossed by an albywey. -TND Master Plan has been ornpiled dom available dela and sources inducting wrdad final plate, existing boundary surveyc, Duke Poway Easement/right of way maps, nobted field surveys and Cabanas County GIS. Parcel lines and --g- are approxina% and subject ti, Final Plat/Survay. -Developer is ieq—d to update development table with submittel of Preliminary and Final Plate. - Fmnt eetbacks shall be 6 feet Garage tam shall b , set at a minimum of 20 teett,am right of way for front load garages. - Street acape furnishings shall be consistent will current developed phases. Updated TND Subdivision Master Plan May 17, 2017 ® Common Open Space Area (Platted) Me Management 516 N. West street Rsbigh. NonfCarolro 27601 P'. (918) 2561881 T R LL FOR LOTS 'OTENTI AL STREAM FI -OR LOTS . ....... > LL ---- - - ------ - - - —T I t VCULVERT PERMIT ol, 21-F OF STREAM NWP#29 SAW-2016-CO410 POTENTI AL VVETLAND FI LL FOR LOTS r gat STREAM IMPACT APPROX. 20OLF POTENTIAL ROAD LOOP WITH CULVERT AND LOT FILL OEVELOPMENT WOR"710N 40 IN 1 J I "Wi PERMITTED CULVERT CROSSING PER VAIP#29 SAW -2016-00410 112LF OF PERENNIAL STREAM APPPDX. 61 OOSF OF WETLAND FILL GRAPKIC Xmx -777 1 • 4 ----- ------- 1 J I "Wi PERMITTED CULVERT CROSSING PER VAIP#29 SAW -2016-00410 112LF OF PERENNIAL STREAM APPPDX. 61 OOSF OF WETLAND FILL GRAPKIC Xmx ENGINEERING DRAWINGS (Sheets 1-5) IMPACTED WETLANDS CUMULATIVE IMPACT S�. Type Length/Area GRAPHIC SCALE DE Impact #1 Stream 67.00 LF/0 003 AC. Impact #1A Wetlana 0.036 AC. Impact #2 Stream 116.00 LF/0.005 AC. Impact #3 Stream 20.00 LF10.002 AC. Total Wetlands 0.036 AC, Total Streams 205.00 LF10.010 AC. KELLSWATER PHASE 3 City of Kannapolis, North Carolina Drawn By: RSN Date: Jul 15 2016 Rev:June 1 Engineer: PLM Scale:l" = 400' Sheet: )02 AC 400 0 200 400 am ( IN FEET ) 1 inch = 400ft. R. Joe Harris & Associates, Inc. Engineering . land Surveying . Planning Management 1'P lien Cuu IMw.9tiie IOI.ItN ML9(`MMW ,em�an Www IMPACTED WETLANDS CUMULATW IMPACT 8C. Type Length/Area GRAPHIC SCALE DE Impact #1 Stream 67.00 LF/0.003 AC. Impact#1A Wetland 0.036 AC. Impact #2 Stream 118.00 LF/0.005 AC. Impact #3 Stream 20.00 LFID.002 AC. Total Wetlands 0.036 AC. Total Streams 205.00 LF10.010 AC KELLS WATER PHASE 3 City of Kannapolis, North Carolina Drawn By: RSN Date: Jul 15 2016 Rev:June Enaineer: PLM Scale: V = 400' Sheet: W 102 AC 400 0 200 4D0 800 ( IN FEET ) I inch = 400ft. o� R. Joe Harris & Associates, Inc. Engineering . Land surveying • Planning Management IMPACT #1-1A PLAN VIEW - WETLAND 10' RSOD SETBACK WETLANDS IMPACTS (THIS VIEW): 0.036 AC. (1580.79 SQFT) STREAM IMPACTS (THIS VIEW): ±67.00 LF/0.003 AC. Drawn KELLSWATER PHASE 3 City of Kannapolis, North Carolina July 15, 2016 Rev:June 16, 201 111= 50' Sheet: GRAPHIC SCALE 50 0 25 5o 100 ( IN FEET ) I inch = 50 ft. R. Joe Harris & Associates, Inc. Engineering . Land surveying • .Planning Management 0711-- 0 . &kl Illi. TM M11L WD7015 .Mtl MJ_17p: IMPACT #2 PLAN VIEW - WETLAND STREAM IMPACTS (THIS VIEW): ±118.00 LF/0.005 AC. GRAPHIC SCALE 50 0 25 50 100 ( IN FEET ) 1 inch = 50 ft. KELLSWATER PHASE 3 City of Kannapolis, North Carolina R. Joe Harris & Associates, Inc. Engineering . Land Surveying • Planning Drawn B : RSN Date: July15 2016 Rev:June 15, 2017 Management - - "" flllkn('wry llmc, Wiilo 1111.1-w1 MAI.9C M✓n9 IAVJ',Hp!-1'9G Enaineer: PLM Scale: 1" = 50' Sheet: IMPACT #3 PLAN VIEW - WETLAND RJI•I KELLSWATER PHASE 3 VARIABLE WIDTH LIMITS OF DISTURBANCE RSOD SLOPE BUFFER 50' RSOD SLOPE 20' RSOD VEGETATED BUFFER ��BUFFER (PROTECTED STREAM) STREAM STREAM IMPACTS (THIS VIEW): (20.00 LF/0.002 AC. FUTURE IRISH BUFFALO GREENWAY TRAIL WITH 30' PUBLIC ACCESS EASEMENT KELLSWATER PHASE 3 City of Kannapolis, North Carolina Drawn Bv: RSN Date: Julv 15. 2016 Rev:June 1 " = 50' ISheet: IMPACT 3 LF/0,002 AC. GRAPHIC SCALE 50 0 25 50 100 ( IN FEET ) 1 inch = 50 ft. R. Joe Harris & Associates, Inc. Engineering . Land Surveying • Planning Management !P Ihl Ca Vm BUYu ILII.F,W MAWMW MAA APPENDIX A Nationwide Permit (SAW -2012-00410) Jurisdictional Determination U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action ID. SAW -2016-00410 County: Cabarrus U.S.G.S. Quad: Kannapolis GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: MRECV-KW LLC A Delaware LLC /Attn: Mr. Alexander Address: 13860 Ballantyne Corporate Place, Suitel30 Charlotte, NC 28277 Telephone Number: 704-930-7501 Size (acres): 112 LF Nearest Town: Charlotte Nearest Waterway: Irish Buffalo Creek Coordinates: 35.46665 N, -80.65874 W River Basin/ HUC: Rocky Watershed; Upper Pee Dee Basin, HUC: 03040105 Location description: The >200 acre proposed project site is located between Keadv Mill Loop and Irish Buffalo Creek in Kannapolis, Cabarrus County, North Carolina. Description of projects area and activity: This verification authorizes permanent impacts to 112 LF of perennial stream channel associated with the construction of a residential development. Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344) ❑ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number or Nationwide Permit Number: 29 SEE ATTACHED RGP or NWP GENERAL, REGIONAL AND SPECIAL CONDITIONS Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted application and attached information dated November 13, 2015 . Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class I administrative penalty, and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide/regional authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide/regional permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide/regional permit. If the nationwide/regional permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide/regional permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide/regional permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide/regional permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case-by-case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Resources (telephone 919-807-6300) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (LAMA), prior to beginning work you must contact the N.C. Division of Coastal Management. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Steve Kichefski at 828-271-7980, ext. 234 or steven.l.kichefski*usace.army.mil. KICHEFSKI.STEVEN.L ON <=US,o--U S. fmveenment. wi=0.A, ou=VK, Corps Regulatory Official: •1386908539 "�w°16.11 �� °°°U8S39 Date: February 29, 2016 om.: mie.ozn ic:.w: ia.m�ao Steve Kichefski Expiration Date of Verification: March 18, 2017 SAW -2016-00410 Determination of Jurisdiction: A. ® Based on preliminary information, there appear to be waters of the US including wetlands within the above described project area. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331). B. ❑ There are Navigable Waters of the United States within the above described project area subject to the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. C. ❑ There are waters of the US and/or wetlands within the above described project area subject to the permit requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. D. ❑ The jurisdictional areas within the above described project area have been identified under a previous action. Please reference jurisdictional determination issued . Action ID: SAW - Basis for Determination: The project area contains wetlands as determined by the 1987 Corps of Engineers Wetland Delineation Manual and the Regional Supplement to the Corps of Engineers Wetlands Delineation Manual: Eastern Mountain and Piedmont Region(version 2.0). These wetlands are adjacent to stream channels located on the property that exhibit indicators of ordinary high water marks. The stream channel in the project area is an unnamed tributary (UT) to Irish Buffalo Creek which flows into the Rocky Watershed; Upper Pee Dee Basin; HUC: 03040105. The UT to Irish Buffalo Creek flows to the Atlantic Ocean via Irish Buffalo Creek, Cold Water Creek, the Rocky River and the Pee Dee River. The Pee Dee River is a Section 10 Navigable -In -Fact water starting at the Blewett Falls Dam. Remarks: A portion of this project area was included with the verification/JD SAW -2005-31764 issued on June 20, 2005. A follow up field visit was conducted by Steve Kichefski on June 18, 2013 and this PJD is based on the updated maps submitted November 13, 2015. E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information ('Phis information applies only to approved jurisdictional determinations as indicated in B and C above). This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Jason Steele, Review Officer 60 Forsyth Street SW, Room 10M 15 Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address within 60 days of the date of issue below. **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.** SAW-2016-00410 KICHEFSKI.STEVEN.L. 1386908 mag=uso U..S, Goo-nmeKL oa DoQo P08539 F Corps Regulatory Official: 539 Date: 2016.0 2916:30r.53-0'001 386908539 Steve Kichefski Issue Date of JD: February 29, 2016 Expiration Date of JD: N/A The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete our Customer Satisfaction Survey, located online at http://re rug, latory.usacesurve yam. Copy furnished: SPECIAL CONDITIONS 1) Please be advised that if additional impacts to waters of the U.S., either on this property or on/adjacent to this property and associated with this project/activity, are proposed at a later date, those impacts will be combined with the current impacts to waters of the U.S. and will be reviewed cumulatively. Generally, compensatory mitigation will be required if individual or cumulative (i.e., past and present) losses or degradation of waters of the U.S. are greater than 150 linear feet of perennial or intermittent stream channel and/or 0.1. acre of wetland. Additionally, cumulative impacts that result in the loss or degradation of greater than 300 linear feet of perennial or intermittent* stream channel, and/or 0.5 acre of wetland, will be processed under an Individual Permit. This verification of the use of the Nationwide Permit Program for this project does not imply that this office will necessarily approve any future proposal to impact waters of the U.S. on this property and/or associated with this project/activity. * The District Commander has the ability to waive the 300 linear foot limit for intermittent streams on a case-by-case basis. All requests for waiver must be in writing and shall include rationale for the request. 2) Action ID Number: SAW -2016-00410 Permit Type: NWP 29 County: Cabarrus Permittee: MRECV-KW LLC A Delaware LLC /Attn: Mr. Alexander Project Name: KellswaterDevelopment Date Verification Issued: February 29, 2016 Project Manager: Steve Kichefski Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: US ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Attn.: CESAW-RG-A 151 Patton Avenue, Room 208 Asheville, North Carolina 28801-5006 Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. Failure to comply with any terms or conditions of this authorization may result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I administrative penalty, or initiating other appropriate legal action. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and condition of the said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAII. Applicant: MRECV-KW LLC A Delaware LLC /Attn: Mr. Alexander File Number: SAW-SAW-2016-00410 Date: February 29, 2016 Attached is: See Section below ❑ INITIAL PROFFERED PERMIT (Standard Permit or Letter ofpermission) A ❑ PROFFERED PERMIT Standard Permit or Letter ofpermission) B ❑ PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I -The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at http:i/www.usace.armv.mil/Missions 0\ ilWorkslRe lug latoiyProgramandPermits.aspx or Corps regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terns and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section 11 of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section 11 of this form and sending the form to the district engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision and/or the If you only have questions regarding the appeal process you may appeal process you may contact: also contact: District Engineer, Wilmington Regulatory Division, Attn.: Mr. Jason Steele, Administrative Appeal Review Officer Steve Kichefski CESAD-PDO 828-271-7980 U.S. Army Corps of Engineers, South Atlantic Division 60 Forsyth Street, Room l OM 15 Atlanta, Georgia 30303-8801 Phone: 404 562-5137 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportuni to participate in all site investi ations. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn.: Steve Kichefski, 69 Darlington Avenue, Wilmington, North Carolina 28403 For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room I OM 15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 APPENDIX B NCDMS Acceptance Letter Mitigation Services ENVIRONMENTAL OVAL ITY June 26, 2017 Scott Monday MRECV-KW LLC c/o LStar Land 8430 Rea Road Charlotte, NC 28277 Project: Kellswater Phase 3 Development ROY COOPER MICHAEL S, REGAN Expiration of Acceptance: December 26, 2017 County: Cabarrus The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to accept payment for compensatory mitigation for impacts associated with the above referenced project as indicated in the table below. Please note that this decision does not assure that participation in the DMS in -lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will be approved. You must also comply with all other state, federal or local government permits, regulations or authorizations associated with the proposed activity including G.S. § 143-214.11. This acceptance is valid for six months from the date of this letter and is not transferable. If we have not received a copy of the issued 404 Permit/401 Certification/CAMA permit within this time frame, this acceptance will expire. It is the applicant's responsibility to send copies of the permits to DMS. Once DMS receives a copy of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the in -lieu fee to be paid by an applicant is calculated based upon the Fee Schedule and policies listed on the DMS website. Based on the information supplied by you in your request to use the DMS, the impacts for which you are requesting compensatory mitigation credit are summarized in the following table. The amount of mitigation required and assigned to DMS for this impact is determined by permitting agencies and may exceed the impact amounts shown below. Impact - — River CU Location Basin (8 -digit HUC) — - - — Stream (feet) Wetlands (acres) Buffer I Buffer II (Sq. Ft.) (Sq. Ft.) Cold Cool T I WarmRi arian Non -Riparian Coastal Marsh Yadkin 03040105 0 0 317 0.036 0 0 0 0 Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The mitigation will be performed in accordance with the In -Lieu Fee Program instrument dated July 28, 2010 and 15A NCAC 02B .0295 as applicable. Thank you for your interest in the DMS in -lieu fee mitigation program. If you have any questions or need additional information, please contact Kelly Williams at (919) 707-8915. cc: Paul Petitgout, agent Sincerely, James. B Stanfill Asst --Management Supervisor State of North Carolina I Environmental Quality , Mitigation Services 1652 Mail Service Center I Raleigh. NC 27699-1652 1 217 W. Jones Street, Suite 3000 919 707 8976 T APPENDIX C NCSAM Worksheets ------------ Arrmmnanioc I Icor RAmnuni w -moi— -) i INSTRUCTIONS: Attach a sketch of the assessment area and photographs. Attach a copy of the USGS 7.5 -minute quadrangle, and circle the location of the stream reach under evaluation. It multiple stream reaches will be evaluated property, identity and number all reaches on the attached map, and include a separate form for each reach. See the Manual Tor detailed descriptions and explanations of requested information. Record in the "Notes/Sketch" section it an measurements were performed. See the NC SAM User Manual for examples of additional measurements that may be r, NOTE EVIDENCE OF STRESSORS AFFECTING THE ASSESSMENT AREA (do not need to be within the assessment area). PROJECT/ SITE INFORMATION: 1. Project name (it any Kellswater Phase 3 2. Date of evaluati(May 2017 3. Applicant/owner nal - 4. Assessor name/drganizat LES 5. County: CaDarrus 6. Nearest named water bot 7. River Basin: Yadkin -Pee Dee on USGS 7.5 -minute quaf Irish Buffalo Creek S. Site coordinates (decimal degrees, at lower- end of assessmen 35.469 N -80.655 W STREAM INFORMATION: {depth and width can be approximations 9. Site number {show on attached rr Impact # 1 10. Length of assessment reach evaluated (67 11. Channel depth from bed (in rittle, it presen _o76p of b<3 ` ;Unable to assess ch Annei depth. 12. Channel width at top of bank (fie 2 13. Is assessment r -e -a -ER a swamp stream Yes No 14. Feature type: rEPerennial tlow[ n ermi en ow Tidal Marsh Stream STREAM RATING INFORMATION: 15. NC SAM Zone: Mountains {M} �-]Pied mont (P) Inner Coastal Plain (I) Outer Coastal Plain {{ 16. Estimated geomorphic 1 valley shape (skip for a —`..�'"— b Tidal Marsh Stream): (more sinuous stream, flatter valley slope) (less sinuous stream, steeper valley slope) 17. Watershed size: (skipEESize 1 (< 0.1 mit) � jSize 2 (0.1 to < 0.5 mi2) Size 3 (0.5 to < 5 mit) Size 4 (>_ 5 mi2) for Tidal Marsh Stream) ADDITIONAL INFORMATION: 18. Were regulatory considerations evaluate Yes No It Yes, check all that appy to the assessment area. Section 10 water Classified Trout Waters Water Supply Watershed I 11 111 IV V Essential Fish Habitat Primary Nursery Area High Quality Waters/Outstanding Resource Waters Publicly owned property NCDWR riparian butter rule in ette Nutrient Sensitive Waters Anadromous fish 303(d) List CAMA Area of Environmental Concern (AEC) Documented presence of a federal and/or state listed protected species within the assessment area. List species: Designated Critical HabitatIs spec 19. Are additional stream intormation/suPe emen ary measurements included In nes p r CAI-Tlfln V=C -L. Lnannel water -assessment reach metric (skip for Size 1 streams and Tidal Marsh Streams) A Water throughout assessment reach. B No flow, water in pools only. C No water in assessment reach. 2. Evidence of Flow Restriction -assessment reach metric A At least 10% of assessment reach in -stream habitat or riftie-pool sequence is adversely affected by a flow restr point of obstructing flow or a channel choked with aquatic macrophytes or ponded water or impounded on filo the assessment reach {examples: undersized or perched culverts, causeways that constrict the channel, tidal gi B Not A 3. Feature Pattern - assessment reach metric A A majority of the assessment reach has altered pattern (examples: straightening, modification above or below B Not A. 4. Feature Longitudinal Profile -assessment reach metric A Majority of assessment reach has a substantially altered stream profile (examples: channel down -cutting, existi over widening, active aggradation, dredging, and excavation where appropriate channel profile has not reform, these disturbances). B Not A 5. Signs of Active Instability - assessment reach metric Consider only current instability, not past events from which the stream has currently recovered. Examples of instabi active bank failure, active channel down -cutting (head -cut), active widening, and artificial hardening (such as concretf A < 10% of channel unstable B 10 to 25% of channel unstable C > 25% of channel unstable 6. Streamside Area interaction - streamside area metric Consider tar the Lett Bani (LB) and the Right Bank (RB). LB RB A A Little or no evidence of conditions that adversely affect reference interaction B B Moderate evidence of conditions (examples: berms, levees, down -cutting, aggradation, dredging) that a1 reference interaction (examples: limited streamside area access, disruption of flood flows through strew leaky or intermittent bulkheads, causeways with floodplain constriction, minor ditching ).including mosgl C C Extensive evidence of conditions that adversely affect reference interaction (little to no rloodplain/inters {examples: causeways with floodplain and channel constriction, bulkheads, retaining walls, till, stream in uiai uptlui 1 ui i wuu rows inrougn streamside area) or too much tloodplain/intertidal zone access (examp impoundments, intensive mosquito ditchingJ) or tloodplain/intertidal zone unnaturally absent or assessr man-made feature on an interstream divide 7. Water Quality Stressors —assessment reach/intertidal zone metric Check all that apply. A Discolored water in stream or intertidal zone (milky white, blue, unnatural water discoloration, oil sheen, strea B Lxcessive sedimentation (burying of stream teatures or intertidal zone) C Noticeable evidence of pollutant discharges entering the assessment reach and causing a water quality probler D Odor (not including natural sulfide odors) E Current published or collected data indicatingdegraded water quality in the assessment reach. Cite source in t section. F Livestock with access to stream or intertidal zone G Excessive algae in stream or intertidal zone H Degraded marsh vegetation in the intertidal zone (removal, burning, regular mowing, destruction, etc.) I Other (explain in "Notes/Sketch" section) J Little to no stressors 8. 8. Recent Weather —watershed metric For Size 1 or 2 streams, Dl drought or higher is considered a drought; for Size 3 or 4 streams, D2 drought or higher is drought. A Drought conditions and no rainfall or rainfall not exceeding 1 inch within the last 48 hours B Drought conditions and rainfall exceeding 1 inch within the last 48 hours C No drought conditions 9 Large or Dangerous Stream —assessment reach metric Yes No Is stream is too large or dangerous to assess'? It Yes, skip to Metric 13 (Streamside Area Ground Suri 10. Natural In -stream Habitat Types — assessment reach metric 10a. Yes No Degraded in -stream habitat over majority of the assessment reach (examples of stressors incluc sedimentation, mining, excavation, in -stream hardening (tor example, rip -rap), recent dredging, (evaluate for size 4 Coastal Plain streams only, then skip to Metric 12) 10b Check all that occur (occurs it > 5% coverage of assessment reach) (skip for Size 4 Coastal Plain streams) A Multiple aquatic macrophytes and aquatic moss e F 5% oysters or other natural hard bottoms (include liverworts, lichens, and algal mats) a m G Submerged aquatic vegetati:.)n B Multiple sticks and/or [eat packs and/or emerg H Low -tide retugia (pools) vegetation o I Sand bottom C Multiple snags and logs (including lap trees) " !M21 5% vertical bank along the marsh D 5% undercut banks and/or root mats and/or robtV K Little or no habitat in banks extend to the normal wetted perimeter E Little or no habitat ......REMAININ13 QUESTIONS ARE NOT APPLICABLE FOR TIDAL MARSH STREAMS***`�" 11. Bedtorm and Substrate — assessment reach metric (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams) 11a. Yes No Is assessment reach in a natural sand -bed stream'? (skip for Coastal Plain streams) llb Bedtorm evaluated. Check the appropriate box(es). A Ritfle-run section (evaluate 11c) B Pool -glide section (evaluate 11d) C Natural bedtorm absent (skip to Metric 12, Aquatic Lite) 11c. In rittles sections, check all that occur below the normal wetted perimeter of the assessment reach — whether or Check at least one box in each row (skip for Size 4 Coastal Plain Streams and Tidal Marsh Streams). Not Present absent, Rare (R) = present but 510%, Common (C) = > 10-40%, Abundant (A) = > 40-70%, Predominant (P) = > 70`. percentages should not exceed 100% for each assessment reach. NP R C A P Bedrock/saprolite Boulder (256 — 4096 mm) Cobble (64 — 256 mm) Gravel (2 — 64 mm) Sand (.062 — 2 mm) Silt/clay (< 0.062 mm) Detritus Artificial (rip -rap, concrete, etc.) 11d. Yes No Are pools tilled with sediment'? (skip for Size 4 Coastal Plain streams and Tidal N',arsh Streams) 12. Aquatic Lite — assessment reach metric (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams) 12a. Yes No Was an in -stream aquatic lite assessment performed as described in the User Manual? It No, select one of the following reasons and skip to Metr No Water Other 12b, Yes No Are aquatic organisms present in the a55essment reach (iuoK in riffles, pools, tnen snags)? It Yep all that apply. it No, skip to Metric 13. >1 Numbers over columns reter to "individuals" for size 1 and 2 streams and "taxa" for size 3 and 4 strew Adult frogs Aquatic reptiles Aquatic macrophytes and aquatic mosses (include liverworts, lichens, and alga(mats) Beetles (including water pennies) t-aaalsny larvae ( I ncnoptera I FJ) Asian clam (Corbicula) Crustacean (isopod/amphipod/craytish/shrim p) Damseltly and dragonfly larvae Dipterans (true flies) Mayfly larvae (Ephemeroptera (EJ) Megaloptera (aldertly, tishtly, dobsontly larvae) Midges/mosquito larvae Mosquito fish (Gambusia) or mud minnows (Umbra pygmaea) Mussels/Clams (not Corbicula) Other fish Salamanders/tadpoles Snails Stonetly larvae (Piecoptera (PJ) Tipulid larvae Worms/leeches 13. Streamside Area Ground Surface Condition — streamside area metric (skip for Tidal Marsh Streams and B valley types) Consider for the Left Bank (LB) and the Right Bank (RB). Consider storage capacity with regard to both overbank flow upland runoff. LB RB A A Little or no alteration to water storage capacity over a majority of the streamside area B B Moderate alteration to water storage capacity over a majority of the streamside area C C Severe alteration to water storage capacity over a majority of the streamside area (examples include: di soil, compaction, livestock disturbance, buildings, man-made levees, drainage pipes) 14. Streamside Area Water Storage — streamside area metric (skip for Size 1 streams, Tidal Marsh Streams, and B valley t. Consider for the Lett Bank (LB) and the Right Bank (RB) of the streamside area. LB RB A A Majority of streamside area with depressions able to pond water >_ 6 inches deep B B Majority of streamside area with depressions able to pond water 3 to 6 inches deep C C Majority of streamside area with depressions able to pond water < 3 inches deep 15. Wetland Presence — streamside area metric (skip for Tidal Marsh Streams) Consider for the Left Bank (LB) and the Right Bank (RB). Do not consider wetlands outside of the streamside area or V normal wetted perimeter of assessment reach. LB RB Y Y Are wetlands present in the streamside area? N N 16. Baseflow Contributors — assessment reach metric (skip for size 4 streams and Tidal Marsh Streams) Check all contributors within the assessment reach or within view of and draining to the assessment reach. A Streams and/or springs (jurisdictional discharges) B Ponds (include wet detention basins; do not include sediment basins or dry detention basins) C Obstruction that passes some flow during low -flow periods within assessment area (beaver dam, bottom-relea D Evidence of bank seepage or sweating (iron oxidizing bacteria in water indicates seepage) E Stream bed or bank soil reduced (dig through deposited sediment it present) F None of the above 17. Basetlow Detractors — assessment area metric (skip for Tidal Marsh Streams) Check all that apply. A Evidence of substantial water withdrawals from the assessment reach (includes areas excavated for pump inst< B Obstruction not passing flow during low flow periods affecting the assessment reach (ex: watertight dam, sedi C Urban stream (>_ 24% impervious surface for watershed) D Evidence that the stream -side area has been modified resulting in accelerated drainage into the assessment re; E Assessment reach relocated to valley edge F None of the above 18. Shading — assessment reach metric (skip for Tidal Marsh Streams) Consider aspect. Consider "leat-on" condition. A Stream shading is appropriate for stream category (may include gaps associated with natural processes) B Degraded (example: scattered trees) C Stream shading is gone or largely absent 19. Butter Width — streamside area metric (skip for Tidal Marsh Streams) Consider "vegetated buffer" and "wooded butter" separately for left bank (LB) and right bank (RB) starting at the top of bank out to the first break. Vegetated Wooded LB RB LB RB A A A A >_ 100-teet wide or extends to the edge of the watershed B B B B From 50 to < 100-teet wide C C C C From 30 to < 50-teet wide D D D D From 10 to < 30-teet wide E E t E < 10-teet wide or no trees 20. Butter Structure — streamside area metric (skip for Tidal Marsh Streams) Consider for left bank (LB) and right bank (RB) for Metric 19 ("Vegetated" Butter Width). LB RB A A Mature forest u u ivon-mature woody vegetation or moditied vegetation structure C C Herbaceous vegetation with or without a strip of trees < 10 teet wide D D Maintained shrubs E E Little or no vegetation 21. Butter Stressors — streamside area metric (skip for Tidal Marsh Streams) Check all appropriate boxes for lett bank (LB) and right bank (RB). Indicate it listed stressor abuts stream (Abuts), doe is within 30 teet of stream (< 30 teet), or is between 30 to 50 Leet of stream (30-50 teet). It none of the tollowing stressors occurs on either bank, check here and skip to Metric 22: Abuts < 30 teet 30-50 Leet LB RB LB RB LB RB A A A A A A Row crops B B B B B B Maintained turt C C C C C C Pasture (no livestock)/commercial horticulture D D D D D D Pasture (active livestock use) 22. Stem Density — streamside area metric (skip tor Tidal Marsh Streams) Consider for lett bank (LB) and right bank (RB) for Metric 19 ("Wooded" Butter Width). LB RB A A Medium to high stem density B B Low stem density C C No wooded riparian butter or predominantly herbaceous species or bare ground 23. Continuity of Vegetated Butter — streamside area metric (skip for Tidal Marsh Streams) Consider whether vegetated butter is continuous along stream (parallel). Breaks are areas lacking vegetation > 10-te( LB RB A A The total length of butter breaks is < 25 percent. B B The total length of butter breaks is between 25 and 50 percent. C C The total length of butter breaks is > 50 percent. 24. Vegetative Composition — First 100 teet of streamside area metric (skip for Tidal Marsh Streams) Evaluate the dominant vegetation within 100 Leet of each bank or to the edge of the watersned (whichever comes tir to assessment reach habitat. LB RB A A Vegetation is close to undisturbed in species present and their proportions. Lower strata composed o' species, with non-native invasive species absent or sparse. B B Vegetation indicates disturbance in terms of species diversity or proportions, but is still largely compo: species. This may include communities of weedy native species that develop atter clear -cutting or cle< communities with non-native invasive species present, but not dominant, over a large portion of the e communities missing understory but retaining canopy trees. C C Vegetation is severely disturbed in terms of species diversity or proportions. Mature canopy is absent with non-native invasive species dominant over a large portion of expected strata or communities con stands of non -characteristic species or communities inappropriately composed of a single species or n 25. Conductivity — assessment reach metric (skip for all Coastal Plain streams) 25a. Yes No Was a conductivity measurement recorded? It No, select one of the following reasons No Water Other 25b Check the box corresponding to the conductivity measurement (units of microsiemens per centimeter). A <46 B 46 to < 67 C 67 to < 79 D 79 to < 230 E >_ 230 Notes/Sketch: a.4 xi�.HlY •• L: �L' NC SAM Stream Rating Sheet Accompanies User Manual Version 2.1 Stream Site Name Kellswater Phase 3 Date of Evaluation May 2617 Stream Category Plot Assessor Name/Organization LEES Notes of Field Assessment Form (Y/N) NO Presence of regulatory considerations (Y/N) NO Additional stream information/supplementary measurements included (Y/N) NO NC SAM feature type (perennial, intermittent, Tidal Marsh Stream) Intermittent USACE/ NCDWR Function Class Rating Summary All Streams Intermittent (1) Hydrology MEDIUM MEDIUM (2) Baseflow HIGH HIGH (2) Flood Flow MEDIUM MEDIUM (3) Streamside Area Attenuation MEDIUM MEDIUM (4) Floodplain Access MEDIUM MEDIUM (4) Wooded Riparian Buffer MEDIUM MEDIUM (4) Microtopography NA NA (3) Stream Stability MEDIUM MEDIUM (4) Channel Stability MEDIUM MEDIUM (4) Sediment Transport MEDIUM MEDIUM (4) Stream Geomorphology MEDIUM MEDIUM (2) Stream/Intertidal Zone Interaction NA NA (2) Longitudinal Tidal Flow NA NA (2) Tidal Marsh Stream Stability NA NA (3) Tidal Marsh Channel Stability NA NA (3) Tidal Marsh Stream Geomorphology NA NA (1) Water Quality (2) Baseflow HIGH HIGH (2) Streamside Area Vegetation HIGH HIGH (3) Upland Pollutant Filtration HIGH HIGH (3) Thermoregulation MEDIUM MEDIUM (2) indicators of Stressors NO NO (2) Aquatic Life Tolerance NA (2) Intertidal Zone Filtration NA NA (1) Habitat LOW MEDIUM (2) In -stream Habitat LOW MEDIUM (3) Baseflow HIGH HIGH (3) Substrate LOW LOW (3) Stream Stability MEDIUM MEDIUM (3) In -stream Habitat LOW HIGH (2) Stream -side Habitat MEDIUM MEDIUM (3) Stream -side Habitat MEDIUM MEDIUM (3) Thermoregulation MEDIUM MEDIUM (2) Tidal Marsh In -stream Habitat NA NA (3) Flow Restriction NA NA (3) Tidal Marsh Stream Stability NA NA (4) Tidal Marsh Channel Stablllty NA NA (4) Tidal Marsh Stream Geomorphology NA NA (3) Tidal Marsh in -stream Habitat NA NA (2) Intertidal Zone Habitat NA NA Overall MEDIUM NC SAW FIELD ASSESSMENT FORM user Manual Version 2.1 INSTRUCTIONS: Attach a sketch of the assessment area and photographs. Attach a copy of the USGS 7.5 -minute topographic quadrangle, and circle the location of the stream reach under evaluation. If multiple stream reaches will be evaluated on the same property, identify and number all reaches on the attached map, and include a separate form for each reach. See the NC SAM User Manual for detailed descriptions and explanations of requested information. Record in the "Notes/Sketch" section if any supplementary measurements were performed. See the NC SAM User Manual for examples of additional measurements that may be relevant. NOTE EVIDENCE OF STRESSORS AFFECTING THE ASSESSMENT AREA (do not need to be within the assessment area). PROJECT / SITE INFORMATION: 1. Project name (if any): Kellswater Phase 3 2. Date of evaluation: May 2017 3. Applicant/owner name: MRECV-KW, LLC 4. Assessor name/organization: LEES 5. County: Cabarrus 6. Nearest named water body 7. River Basin: Yadkin -Pee Dee on USGS 7.5 -minute quad: Irish Buffalo Creek 8. Site coordinates (decimal degrees, at lower end of assessment reach): 35.469 N -80.657 W STREAM INFORMATION: (depth and width can be approximations) 9. Site number (show on attached map): Impact # 2 10. Length of assessment reach evaluated (feet): 118 11. Channel depth from bed (in riffle, if present) to top of bank (feet): 3 1- Unable to assess channel depth. 12. Channel width at top of bank (feet): 2 13. Is assessment reach a swamp stream? r Yes f~ No 14. Feature type: ('- Perennial flow (: Intermittent flow r Tidal Marsh Stream STREAM RATING INFORMATION. 15. NC SAM Zone: t^ Mountains (M) s^+ Piedmont (P) r Inner Coastal Plain (1) { ` Outer Coastal Plain (0) 16. Estimated geomorphic valley shape (skip for f^` a (Z b Tidal Marsh Stream): (more sinuous stream, flatter valley slope) (less sinuous stream, steeper valley slope) 17. Watershed size: (skip (o Size 1 (< 0"1 mi`) r Size 2 (0.1 to < 0.5 mi`) r Size 3 (0.5 to < 5 mi) r Size 4 (a 5 miZ) for Tidal Marsh Stream) ADDITIONAL INFORMATION: 18. Were regulatory considerations evaluated? Yes (- No If Yes, check all that appy to the assessment area. r Section 10 water r Classified Trout Waters r Water Supply Watershed ( -C" 1 (" 11 r Ili c iv (" v) f- Essential Fish Habitat f- Primary Nursery Area F High Quality Waters/Outstanding Resource Waters F Publicly owned property r NCDWR riparian buffer rule in effect f Nutrient Sensitive Waters r- fish f'- 303(d) List I- CAMA Area of Environmental Concern (AEC) F Documented presence of a federal and/or state listed protected species within the assessment area. List species: (` Designated Critical Habitat (list species): 19. Are additional stream information/supplementary measurements included in "Notes/Sketch" section or attached? (' Yes Co-,, No 1. Channel Water -assessment reach metric (skip for Size 1 streams and Tidal Marsh Streams) (- A Water throughout assessment reach. C` B No flow, water in pools only. (� C No water in assessment reach. 2. Evidence of Flow Restriction - assessment reach metric (" A At least 10% of assessment reach in -stream habitat or riffle -pool sequence is adversely affected by a flow restriction 2t fill to the point of obstructing flow or a channel choked with aquatic macrophytes or ponded water or impounded on flood or ebb ,:dthin the assessment reach (examples: undersized or perched culverts, causeways that constrict the channel, tidal gates). l: B Not A 3. Feature Pattern - assessment reach metric r A A majority of the assessment reach has altered pattern (examples: straightening, modification above or below culvert). (- B Not A. 4. Feature Longitudinal Profile - assessment reach metric (� A Majority of assessment reach has a substantially altered stream profile (examples: channel down -cutting, existing damming, over widening, active aggradation, dredging, and excavation where appropriate channel profile has not reformed from any of these disturbances). (-` B Not A 5. Signs of Active Instability - assessment reach metric Consider only current instability, not past events from which the stream has currently recovered. Examples of Instability include active bank failure, active channel down -cutting (head -cut), active widening, and artificial hardening (such as concrete, gabion, rip -rap). C" A < 10% of channel unstable C B 10 to 25% of channel unstable t- C > 25% of channel unstable 6. Streamside Area Interaction - streamside area metric Consider for the Left Bank (LB) and the Right Bank (RB). LB RB C" A r A Little or no evidence of conditions that adversely affect reference interaction (: B (: B Moderate evidence of conditions (examples: berms, levees, down -cutting, aggradation, dredging) that adversely affect reference interaction (examples: limited streamside area access, disruption of flood flows through streamside area, leaky or intermittent bulkheads, causeways with floodplain constriction, minor ditching [including mosquito ditching]) i" C (" C Extensive evidence of conditions that adversely affect reference interaction (little to no floodplain/intertidel zone access [examples: causeways with floodplain and channel constriction, bulkheads, retaining walls, fill, stream incision, ❑isrupoon OT nooe bows through streamside area] or too much floodplain/intertidal zone access [examples: impoundments, intensive mosquito ditching]) or floodplain/intertidal zone unnaturally absent or assessment reach is a man-made feature on an interstream divide 7. Water Quality Stressors — assessment reach/intertidal zone metric Check all that apply. r A Discolored water in stream or intertidal zone (milky white, blue, u; natura! water discoloration: oil sheen, stream foam) r- B Excessive sedimentation (burying cf stream features or intertidal zone) F C Noticeable evidence of pollutant discharges entering the assessment -each and causing a water quality problem 1— D Odor (not including natural sulfide odors; F- E Current published or collected data indicating degraded water quality in the assessment reach. Cite source in the "Notes/Sketch" section. r- F Livestock with access to stream or intertidal zone r- G Excessive algae in stream or intertidal zone F H Degraded marsh vegetation in the intertidal zone iremov2l burning. regular mowing. destruction. etc.) I— I Other: ;explain in "No'es/Sketch" section) r71 J Little to no stressors 8. Recent Weather — watershed metric For Size 1 or 2 streams, D1 drought or higher is considered a drought; for Size 3 or 4 streams, D2 drought or higher is considered a drought. f- A Drought conditions and no rainfall or rainfall not exceeding 1 inch within the last 48 hours r B Drought conditions and rainfall exceeding 1 inch within the last 48 hours re C No drought conditions 9 Large or Dangerous Stream — assessment reach metric Yes t7: No Is stream is too large or dangerous to assess? If Yes, skip to Metric 13 (Streamside Area Ground Surface Condition). 10. Natural In -stream Habitat Types — assessment reach metric 10a. f" Yes fi No Degraded in -stream habitat over majority of the assessment reach (examples of stressors include excessive sedimentation, mining, excavation, in -stream hardening [for example, rip -rap), recent dredging, and snagging) (evaluate for size 4 Coastal Plain streams only, then skip to Metric 12) 10b. Check all that occur (occurs if > 5% coverage of assessment reach) (skip for Size 4 Coastal Plain streams) F A Multiple aquatic macrophytes and aquatic mosses a w r'-- F 5% oysters or other natural hard bottoms (include liverworts, lichens, and algal mats) F_ m r G Submerged aquatic vegetation F7 B Multiple sticks and/or leaf packs and/or emergent o 2 , F H Low -tide refugia (pools) vegetation rn t o r I Sand bottom F C Multiple snags and logs (including lap trees) a) e F J 5% vertical bank along the marsh r— D 5% undercut banks and/or root mats and/or roots v i K Little or no habitat in banks extend to the normal wetted perimeter r— E Little or no habitat **"*"*"************"****"**""***"'REMAINING QUESTIONS ARE NOT APPLICABLE FOR TIDAL MARSH STREAMS*"*******"****" 11. Bedform and Substrate —assessment reach metric (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams) 11 a. ^ Yes t': No Is assessment reach in a natural sand -bed stream? (skip for Coastal Plain streams) 11 b. Bedform evaluated. Check the appropriate box(es). W A Riffle -run section (evaluate 11 c) R, B Pool -glide section (evaluate 11d) r— C Natural bedform absent (skip to Metric 12, Aquatic Life) 11 c. In riffles sections, check all that occur below the normal wetted perimeter of the assessment reach — whether or not submerged. Check at least one box in each row (skip for Size 4 Coastal Plain Streams and Tidal Marsh Streams). Not Present (NP) = absent, Rare (R) = present but:5 10%, Common (C) = > 10-40%, Abundant (A) _ > 40-70%, Predominant (P) = > 70%. Cumulative percentages should not exceed 100% for each assessment reach. NP R C A P t— Bedrock/saprolite r Boulder (256 — 4096 mm) : ` Cobble (64 — 256 mm) f" +e >r' i-" Gravel (2 — 64 mm) r i Sand (.062 — 2 mm) <` f— n C' Silt/clay (< 0.062 mm) t— Detritus r 3 f— Artificial (rip -rap, concrete, etc.) 11d, r Yes .: No Are pools filled with sediment? (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams) 12. Aquatic Life — assessment reach metric (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams) 12a. f* Yes (` No Was an in -stream aquatic life assessment performed as described in the User Manual? If No, select one of the following reasons and skip to Metric 13. i No Water f` Other: 12b. ti Yes (— No Are aquatic organisms present in the assessment reach (look in riffles, pools, then snags)? If Yes, check all that apply. if No, skip to Metric 13. 1 >1 Numbers over columns refer to "individuals" for size 1 and 2 streams and "taxa" for size 3 and 4 streams. F i Adult frogs r— Aquatic reptiles i� i Aquatic macrophytes and aquatic mosses (include liverworts, lichens, and algal mats) f-" 1— Beetles (including water pennies) r r c;adorstly larvae (Trichoptera [T)) I- (- Asian clam (Corbicula ) F_ r Crustacean(isopod/amph ipod/crayfish(shrimp) 7 f- Damselfly and dragonfly larvae F- 17- Dipterans (true flies) T- I- Mayfly larvae (Ephemeroptera [E]) F_ F Megaloptera (alderfly, fishfly, dobsonfly larvae) R f- Midges/mosquito larvae I— i Mosquito fish (Gambusia) or mud minnows (Umbra pygmaea) r_ I- Mussels/Clams (not Corbicula) f" f-' Other fish F f- Salamanders/tadpoles f� f-- Snails f r Stonefly larvae (Plecoptera [P]) (- F Tipulid larvae F f Worms/leeches 13. Streamside Area Ground Surface Condition - streamside area metric (skip for Tidal Marsh Streams and B valley types) Consider for the Left Bank (LB) and the Right Bank (RB). Consider storage capacity with regard to both overbank flow and upland runoff. LB RB t- A r A Little or no alteration to water storage capacity over a majority of the streamside area r B r B Moderate alteration to water storage capacity over a majority of the streamside area i C t"' C Severe alteration to water storage capacity over a majority of the streamside area (examples include: ditches, fill, soil, compaction, livestock disturbance, buildings, man-made levees, drainage pipes) 14. Streamside Area Water Storage - streamside area metric (skip for Size 1 streams, Tidal Marsh Streams, and B valley types) Consider for the Left Bank (LB) and the Right Bank (RB) of the streamside area. LB RB r A r A Majority of streamside area with depressions able to pond water z 6 inches deep C- B ( B Majority of streamside area with depressions able to pond water 3 to 6 inches deep r C r C Majority of streamside area with depressions able to pond water < 3 inches deep 15. Wetland Presence - streamside area metric (skip for Tidal Marsh Streams) Consider for the Left Bank (LB) and the Right Bank (RB). Do not consider wetlands outside of the streamside area or within the normal wetted perimeter of assessment reach. LB RB r Y f- Y Are wetlands present in the streamside area? fo N f: N 16. Baseflow Contributors - assessment reach metric (skip for size 4 streams and Tidal Marsh Streams) Check all contributors within the assessment reach or within view of and draining to the assessment reach. F Streams and/or springs (jurisdictional discharges) f-- B Ponds (include wet detention basins; do not include sediment basins or dry detention basins) rW C Obstruction that passes some flow during iow-flow periods within assessment area (beaver dam, bottom -release dam) f D Evidence of bank seepage or sweating (iron oxidizing bacteria in water indicates seepage) @ E Stream bed or bank soil reduced (dig through deposited sediment if present) r F None of the above 17. Baseflow Detractors - assessment area metric (skip for Tidal Marsh Streams) Check all that apply. F A Evidence of substantial water withdrawals from the assessment reach (includes areas excavated for pump installation) T_ B Obstruction not passing flow during low flow periods affecting the assessment reach (ex: watertight dam, sediment deposit) r- C Urban stream ( 24% impervious surface for watershed) r D Evidence that the stream -side area has been modified resulting in accelerated drainage into the assessment reach F E Assessment reach relocated to valley edge r F None of the above 18. Shading - assessment reach metric (skip for Tidal Marsh Streams) Consider aspect. Consider "leaf -on" condition. i:` A Stream shading is appropriate for stream category (may include gaps associated with natural processes) B Degraded (example: scattered trees) (- C Stream shading is gone or largely absent 19. Buffer Width - streamside area metric (skip for Tidal Marsh Streams) Consider "vegetated buffer" and "wooded buffer" separately for left bank (LB) and right bank (RB) starting at the top of bank out to the first break. Vegetated Wooded LB RB LB RB f` A C A (- A f" A > 100 -feet wide or extends to the edge of the watershed f": B f': B to S is B From 50 to < 100 -feet wide C' C <- C f-- C f` C From 30 to < 50 -feet wide it D f- D r D D From 10 to < 30 -feet wide (` E r E r E d E < 10 -feet wide or no trees 20. Buffer Structure -streamside area metric (skip for Tidal Marsh Streams) Consider for left bank (LB) and right bank (RB) for Metric 19 ("Vegetated" Buffer Width). LB RB t-" A r A Mature forest to D to a r4on-mature wcoay vegetation or modified vegetation structure t C r C Herbaceous vegetation with or without a strip of trees < 10 feet wide C D D Maintained shrubs r E r E Little or no vegetation 21. Buffer Stressors — streamside area metric (skip for Tidal Marsh Streams) Check all appropriate boxes for left bank (LB) and right bank (RB). Indicate if listed stressor abuts stream (Abuts), does not abut but is within 30 feet of stream (< 30 feet), or is between 30 to 50 feet of stream (30-50 feet). If none of the following stressors occurs on either bank, check here and skip to Metric 22: I✓ Abuts < 30 feet 30-50 feet LB RB LB RB LB RB r A r A r A f A (' A A Row crops (" B (-6 (-6 r B r B f" B Maintained turf C` C r C r C i C i C C` C Pasture (no livestock)lcommerc ai horticulture f D i D f` D f D r D r D Pasture (active livestock use) 22. Stem Density — streamside area metric (skip for Tidal Marsh Streams) Consider for left bank (LB) and right bank (RB) for Metric 19 ("Wooded" Buffer Width), LB RB f+ A C A Medium to high stem density 4 ` B r B Low stem density i" C C C No wooded riparian buffer or predominantly herbaceous species or bare ground 23. Continuity of Vegetated Buffer — streamside area metric (skip for Tidal Marsh Streams) Consider whether vegetated buffer is continuous along stream (parallel). Breaks are areas lacking vegetation > 10 -feet wide. LB RB A f: A The total length of buffer breaks is < 25 percent. f B C' B The total length of buffer breaks is between 25 and 50 percent. t— C t— C The total length of buffer breaks is > 50 percent. 24. Vegetative Composition — First 100 feet of streamside area metric (skip for Tidal Marsh Streams) Evaluate the dominant vegetation within 100 feet of each bank or to the edge of the watershed (whichever comes first) as it contributes to assessment reach habitat. LB RB f^ A f` A Vegetation is close to undisturbed in species present and their proportions. Lower strata composed of native species, with non-native invasive species absent or sparse. C: B ; B Vegetation indicates disturbance in terms of species diversity or proportions, but is still largely composed of native species. This may include communities of weedy native species that develop after clear -cutting or clearing or communities with non-native invasive species present; but not dominant, over a large portion of the expected strata or communities missing understory but retaining canopy trees. f' C C' C Vegetation is severely disturbed in terms of species diversity or proportions. Mature canopy is absent or communities with non-native invasive species dominant over a large portion of expected strata or communities composed of planted stands of non -characteristic species or communities inappropriately composed of a single species or no vegetation. 25. Conductivity — assessment reach metric (skip for all Coastal Plain streams) 25a. f"' Yes r No Was a conductivity measurement recorded? If No, select one of the following reasons. L: No Water r Other: 25b, Check the box corresponding to the conductivity measurement (units of microsiemens per centimeter). r A <46 i B 46 to < 67 f C 67 to < 79 f 0 79 to < 230 C E :a 230 Notes/Sketch: NC SAM Stream Rating Sheet Accompanies User Manual Version 2.1 Stream Site Name Kellswater Phase 3 Stream Category Pbl Notes of Field Assessment Form (Y/N) Presence of regulatory considerations (Y/N) Additional stream information/supplementary measurements included (Y/N) NC SAM feature type (perennial, intermittent, Tidal Marsh Stream) Date of Evaluation May 2017 Assessor Namelorganization LEES Kin I f l NO [n+Mr i++n + USACEI NCDWR Function Class Rating Summary All Streams Intermittent (1) Hydrology MEDIUM MEDIUM (2) Baseflow HIGH HIGH (2) Flood Flow MEDIUM 61EDIUM (3) Streams ide Area Attenuation MEDIUM MEDIUM (4) Floodplain Access MEDIUM MEDIUM (4) Wooded Riparian Buffer HIGH HIGH (4) Microtopography NA NA (3) Stream Stability MEDIUM MEDIUM (4) Channel Stability MEDIUM MEDIUM (4) Sediment Transport MEDIUM MEDIUM (4) Stream Geomorphology MEDIUM MEDIUM (2) Stream/Intertidal Zone Interaction NA NA ^ (2) Longitudinal Tidal Flow NA NA (2) Tidal Marsh Stream Stability NA --NA (3) Tidal Marsh Channel Stability NA NA (3) Tidal Marsh Stream Geomorphology NA NA (1) Water Quality (2) Baseflow HIGH HIGH (2) Streamside Area Vegetation HIGH HIGH (3) Upland Pollutant Filtration HIGH HIGH (3) Thermoregulation HIGH HIGH (2) Indicators of Stressors NO NO (2) Aquatic Life Tolerance NA (2) Intertidal Zone Filtration NA NA (1) Habitat MEDIUM HIGH (2) In -stream Habitat LOW HIGH (3) Baseflow HIGH HIGH (3) Substrate MEDIUM MEDIUM (3) Stream Stability MEDIUM MEDIUM (3) In -stream Habitat LOW HIGH (2) Stream -side Habitat HIGH HIGH (3) Stream -side Habitat HIGH HIGH (3) Thermoregulation HIGH HIGH (2) Tidal Marsh In -stream Habitat NA - NA (3) Flow Restriction NA NA (3) Tidal Marsh Stream Stabil;ty NA NA (4) Tidal Marsh Cnannel Stability NA NA (4) Tidal Marsh Stream Geomorphology NA NA (3) Tidal Marsh In -stream Habitat NA NA (2) Intertidal Zone Habitat NA NA Overall MEDIUM NC SAM FIELD ASSESSMENT FORM User Manual Version 2.1 INSTRUCTIONS: Attach a sketch of the assessment area and photographs. Attach a copy of the USGS 7.5 -minute topographic quadrangle, and circle the location of the stream reach under evaluation. If multiple stream reaches will be evaluated on the same property, identify and number all reaches on the attached map, and include a separate form for each reach. See the NC SAM User Manual for detailed descriptions and explanations of requested information. Record in the "Notes/Sketch" section if any supplementary measurements were performed. See the NC SAM User Manual for examples of additional measurements that may be relevant. NOTE EVIDENCE OF STRESSORS AFFECTING THE ASSESSMENT AREA (do not need to be within the assessment area). PROJECT / SITE INFORMATION: 1. Project name (if any): Kellswater Phase 3 2. Date of evaluation: May 2017 3. Applicant/owner name: MRECV-KW, LLC 4. Assessor namelorganization: LEES 5. County: Cabarrus 6. Nearest named water body 7. River Basin: Yadkin -Pee Dee on USGS 7.5 -minute quad: Irish Buffalo Creek 8. Site coordinates (decimal degrees, at lower end of assessment reach): 35.469 N -80.655 W STREAM INFORMATION: (depth and width can be approximations) 9. Site number (show on attached map). Impact # 3 10. Length of assessment reach evaluated (feet): 20 11. Channel depth from bed (in riffle, if present) to top of bank (feet): 3 F Unable to assess channel depth. 12. Channel width at top of bank (feet): 2 13. is assessment reach a swamp stream? r Yes f" No 14. Feature type: (- Perennial flow 6V Intermittent flow f- Tidal Marsh Stream STREAM RATING INFORMATION: 15. NC SAM Zone: f Mountains (M) f: Piedmont (P) t Inner Coastal Plain (I) f` Outer Coastal Plain (0) 16. Estimated geomorphic L J valley shape (skip for f a ��✓ t; b Tidal Marsh Stream): (more sinuous stream, flatter valley slope) (less sinuous stream, steeper valley slope) 17. Watershed size: (skip f: Size 1 (< 0.1 min) r~ Size 2 (0.1 to < 0.5 mi`) C Size 3 (0.5 to < 5 mr) r Size 4 (a 5 mi) for Tidal Marsh Stream) ADDITIONAL INFORMATION: 18. Were regulatory considerations evaluated? (+ Yes (` No If Yes, check all that appy to the assessment area. I- Section 10 water f- Classified Trout Waters r Water Supply Watershed ( r 1 (" II r III r IV r V) r Essential Fish Habitat f-- Primary Nursery Area r High Quality Waters/Outstanding Resource Waters F Publicly owned property f NCDWR riparian buffer rule in effect F Nutrient Sensitive Waters (- Anadromous fish f- 303(d) List f-' CAMA Area of Environmental Concern (AEC) r Documented presence of a federal and/or state listed protected species within the assessment area. List species: F- Designated Critical Habitat (list species): 19. Are additional stream information/supplementary measurements included in "Notes/Sketch" section or attached? C' Yes f+; No 1. Channel Water - assessment reach metric (skip for Size 1 streams and Tidal Marsh Streams) t+ A Water throughout assessment reach. B No flow, water in pools only. ( C No water in assessment reach. 2. Evidence of Flow Restriction - assessment reach metric f" A At least 10% of assessment reach in -stream habitat or riffle -pool sequence is adversely affected by a flow restriction or fill to the point of obstructing flow or a channel choked with aquatic macrophytes or ponded water or impounded on flood or ebb within the assessment reach (examples: undersized or perched culverts, causeways that constrict the channel, tidal gates). G B Not A 3, Feature Pattern - assessment reach metric r' A A majority of the assessment reach has altered pattern (examples: straightening, modification above or below culvert). (-*.B Not A. 4, Feature Longitudinal Profile - assessment reach metric (: A Majority of assessment reach has a substantially altered stream profile (examples: channel down -cutting, existing damming, over widening, active aggradation, dredging, and excavation where appropriate channel profile has not reformed from any of these disturbances). i B Not A 5. Signs of Active Instability - assessment reach metric Consider only current instability, not past events from which the stream has currently recovered. Examples of instability include active bank failure, active channel down -cutting (head -cut), active widening, and artificial hardening (such as concrete, gabion, rip -rap). r A < 10% of channel unstable r: B 10 to 25% of channel unstable r` C > 25% of channel unstable 6. Streamside Area Interaction - streamside area metric Consider for the Left Bank (LB) and the Right Bank (RB). LB RB r` A r" A Little or no evidence of conditions that adversely affect reference interaction (: B (+ B Moderate evidence of conditions (examples: berms, levees, down -cutting, aggradation, dredging) that adversely affect reference interaction (examples: limited streamside area access, disruption of flood flows through streamside area, leaky or intermittent bulkheads, causeways with floodplain constriction, minor ditching [including mosquito ditching]) 'r C r~ C Extensive evidence of conditions that adversely affect reference interaction (little to no floodplain/intertidal zone access [examples: causeways with floodplain and channel constriction, bulkheads, retaining walls, fill, stream incision, disruption of flood flows through streamside area] or too much floodplainlntertidal zone access [examples: impoundments, intensive mosquito ditching]) or floodplain/intertidal zone unnaturally absent or assessment reach is a man-made feature on an interstream divide 7. Water Quality Stressors — assessment reach/intertidal zone metric Check all that apply. r— Discolored water in stream or intertidal gone (mlky white, blue. unnatural water discoloration, oil sheen, stream foam) f"' B Excessive sedimentation (burying of stream features or intertidal zone) I— C Noticeable evidence of pollutant discharges entering the assessment reach and causing a water quality problem f- D Odor (not including natural sulfide odors) F E Current published or collected data indicating degraded water quality in *,he assessment reach. Cite source in the "Notes/Sketch" section. F F Livestock with access to stream or intertidal zone r G Excessive algae to stream or intertidal zone F- Degraded marsh vegetation in the intertidal zone (removal, burning, regular mowing, destruction, etc.) F I Other. (expla;n in "Notes/Sketch" section) r7o J Little to no stressors 8. Recent Weather — watershed metric For Size 1 or 2 streams, D1 drought or higher is considered a drought; for Size 3 or 4 streams, D2 drought or higher is considered a drought. r A Drought conditions and no rainfall or rainfall not exceeding 1 inch within the last 48 hours ,{ ' B Drought conditions and rainfall exceeding 1 inch within the last 48 hours {: C No drought conditions 9 Large or Dangerous Stream — assessment reach metric f' Yes t+ No Is stream is too large or dangerous to assess? If Yes, skip to Metric 13 (Streamside Area Ground Surface Condition). 10, Natural In -stream Habitat Types — assessment reach metric 10a. (— Yes i No Degraded in -stream habitat over majority of the assessment reach (examples of stressors include excessive sedimentation, mining, excavation, in -stream hardening [for example, rip -rap], recent dredging, and snagging) (evaluate for size 4 Coastal Plain streams only, then skip to Metric 12) 10b. Check all that occur (occurs if > 5% coverage of assessment reach) (skip for Size 4 Coastal Plain streams) f A Multiple aquatic macrophytes and aquatic mosses w I— F 5% oysters or other natural hard bottoms (include liverworts, lichens, and algal mats)p cEa F G Submerged aquatic vegetation f B Multiple sticks and/or leaf packs and/or emergent r H Low -tide refugia (pools) vegetation x o r I Sand bottom f C Multiple snags and logs (including lap trees) CD r m I` J 5% vertical bank along the marsh F D 5% undercut banks and/or root mats and/or roots (— K Little or no habitat in banks extend to the normal wetted perimeter f E Little or no habitat "*—'—'****'"'--*'**—"*"*REMAINING QUESTIONS ARE NOT APPLICABLE FOR TIDAL MARSH STREAMS--*-*—*""""" 11. Bedform and Substrate— assessment reach metric (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams) Ila. r Yes t No Is assessment reach in a natural sand -bed stream? (skip for Coastal Plain streams) 11 b. Bedform evaluated. Check the appropriate box(es). f7 A Riffle -run section (evaluate 11 e) 17 B Pool -glide section (evaluate 11d) F C Natural bedform absent (skip to Metric 12, Aquatic Life) 11 c. In riffles sections, check all that occur below the normal wetted perimeter of the assessment reach —whether or not submerged. Check at least one box In each row (skip for Size 4 Coastal Plain Streams and Tidal Marsh Streams). Not Present (NP) = absent, Rare (R) = present but S 10%, Common (C) = > 10-40%, Abundant (A) _ > 40-70%, Predominant (P) _ > 70%. Cumulative percentages should not exceed 100% for each assessment reach. NP R C A P r t: r f" C°" Bedrock/saprolite C° ro, r i C Boulder (256 — 4096 mm) C f• r a: r Cobble (64 — 256 mm) r r C: C C Gravel (2 — 64 mm) {" r C+ ( C- Sand (.062 — 2 mm) C` r C+ t'" r Silt/clay (< 0.062 mm) f"` re r i Detritus JLT f r t {" Artificial (rip -rap, concrete, etc.) 1 id. f Yes C: No Are pools filled with sediment? (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams) 12. Aquatic Life — assessment reach metric (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams) 12a. {e Yes r No Was an in -stream aquatic life assessment performed as described in the User Manual? If No, select one of the following reasons and skip to Metric 13. i ` No Water �- Other: 12b. r-" Yes C— No Are aquatic organisms present in the assessment reach (look in riffles, pools, then snags)? If Yes, check all that apply. If No, skip to Metric 13. 1 >1 Numbers over columns refer to "individuals' for size 1 and 2 streams and "taxa" for size 3 and 4 streams. F- f— Adult frogs I- i Aquatic reptiles !+ r Aquatic macrophytes and aquatic mosses (include liverworts, lichens, and algal mats) f r Beetles (including water pennies) i,- F_ larvae (Trichoptera F_ Asian clam (Corbicula ) i• r"` Crustacean (isopod/amphipod/crayfish/shrim p) ! l- Damselfly and dragonfly larvae r- Dipterans (true flies) F_ Mayfly larvae (Ephemeroptera [E]) F_ r- Megaloptera (alderfly, fishfly, dobsonfly larvae) f 71 I- Midgestmosquito larvae r- T Mosquito fish (Gambusia) or mud minnows (Umbra pygmaea) F r- Mussels/Clams (not Corbicula ) l" (- Other fish F f- I" r- Snails r- r Stonefly larvae (Plecoptera [P]) (� l- Tipulid larvae r r- Worms/leeches 13. Streamside Area Ground Surface Condition - streamside area metric (skip for Tidal Marsh Streams and B valley types) Consider for the Left Bank (LB) and the Right Bank (RB). Consider storage capacity with regard to both overbank flow and upland runoff. LB RB r' A r A Little or no alteration to water storage capacity over a majority of the streamside area i ` B r B Moderate alteration to water storage capacity over a majority of the streamside area t"' C r C Severe alteration to water storage capacity over a majority of the streamside area (examples include: ditches, fill, soil, compaction, livestock disturbance, buildings, man-made levees, drainage pipes) 14. Streamside Area Water Storage - streamside area metric (skip for Size 1 streams, Tidal Marsh Streams, and B valley types) Consider for the Left Bank (LB) and the Right Bank (RB) of the streamside area. LB RB C A ; A Majority of streamside area with depressions able to pond water >_ 6 inches deep (- B r` B Majority of streamside area with depressions able to pond water 3 to 6 inches deep (" C ("' C Majority of streamside area with depressions able to pond water < 3 inches deep 15. Wetland Presence - streamside area metric (skip for Tidal Marsh Streams) Consider for the Left Bank (LB) and the Right Bank (RB). Do not consider wetlands outside of the streamside area or within the normal wetted perimeter of assessment reach. LB RB ("' Y i- Y Are wetlands present in the streamside area? re N re N 16. Baseflow Contributors - assessment reach metric (skip for size 4 streams and Tidal Marsh Streams) Check all contributors within the assessment reach or within view of and draining to the assessment reach. F A Streams and/or springs (jurisdictional discharges) F B Ponds (include wet detention basins; do not include sediment basins or dry detention basins) F C Obstruction that passes some flow during low -flow periods within assessment area (beaver dam, bottom -release dam) F D Evidence of bank seepage or sweating (iron oxidizing bacteria in water indicates seepage) I✓ E Stream bed or bank soil reduced (dig through deposited sediment if present) t- F None of the above 17. Baseflow Detractors - assessment area metric (skip for Tidal Marsh Streams) Check all that apply. r` A Evidence of substantial Ovate- withdrawals from the assessment reach (includes areas excavated for pump installation) r- B Obstruction not passing flow during low `low periods affecting the assessment reach (ex watertight dam, sediment deposit) r- C Urban stream (_ 24% impervious surface for watershed) f- D Evidence that the stream -side area has been modified resulting in accelerated drainage into the assessment reach F E Assessment reach relocated to valley edge (e F None of the above 18. Shading - assessment reach metric (skip for Tidal Marsh Streams) Consider aspect. Consider "leaf -on" condition. r: A Stream shading is appropriate for stream category (may include gaps associated with natural processes) t- B Degraded (example: scattered trees) C Stream shading is gone or largely absent 19. Buffer Width - streamside area metric (skip for Tidal Marsh Streams) Consider "vegetated buffer" and "wooded buffer" separately for left bank (LB) and right bank (RB) starting at the top of bank out to the first break. Vegetated Wooded LB RB LB RB ("` A (" A r' A (' A > 100 -feet wide or extends to the edge of the watershed (` B (: B to- B ro B From 50 to < 100 -feet wide ("` C r C ("` C r` C From 30 to < 50 -feet wide r D t- D r D r D From 10 to < 30 -feet wide t"' E (- E r E (. E < 10 -feet wide or no trees 20. Buffer Structure - streamside area metric (skip for Tidal Marsh Streams) Consider for left bank (LB) and right bank (RB) for Metric 19 ("Vegetated" Buffer Width). LB RB i A i- A Mature forest fi, B i* B Non -mature woody vegetation or modified vegetation structure i C + C Herbaceous vegetation with or without a strip of trees < 10 feet wide I- D r D Maintained shrubs i E i— E Little or no vegetation 21. Buffer Stressors streamside area metric (skip for Tidal Marsh Streams) Check all appropriate boxes for left bank (LB) and right bank (RB). Indicate if listed stressor abuts stream (Abuts), does not abut but is within 30 feet of stream (< 30 feet), or is between 30 to 50 feet of stream (30-50 feet). If none of the following stressors occurs on either bank, check here and skip to Metric 22: (� Abuts < 30 feet 30-50 feet LS RB LB RB LB RB r r f -A [A ("A ' A Row crops r B I— B (` B B i' B {' B Maintained turf i" C r C {' C r C C L— C Pasture (no livestock)leommorcial horiCUltUre r D C D r D (— D f-' D ?— D Pasture (aclive livestock use), 22. Stem Density — streamside area metric (skip for Tidal Marsh Streams) Consider for left bank (LB) and right bank (RB) for Metric 19 ("Wooded" Buffer Width). LB RB t: A i A Medium to high stem density i_ B f B Low stem density r C r C No wooded riparian buffer or predominantly herbaceous species or bare ground 23. Continuity of Vegetated Buffer— streamside area metric (skip for Tidal Marsh Streams) Consider whether vegetated buffer is continuous along stream (parallel). Breaks are areas lacking vegetation > 10 -feet wide. LB RB G A f+ A The total length of buffer breaks is < 25 percent. ti B f-` B The total length of buffer breaks is between 25 and 50 percent. t" C f C The total length of buffer breaks is > 50 percent. 24. Vegetative Composition — First 100 feet of streamside area metric (skip for Tidal Marsh Streams) Evaluate the dominant vegetation within 100 feet of each bank or to the edge of the watershed (whichever comes first) as it contributes to assessment reach habitat. LB RB A t— A Vegetation is close to undisturbed in species present and their proportions. Lower strata composed of native species, with non-native invasive species absent or sparse. (0- B }T B Vegetation indicates disturbance in terms of species diversity or proportions, but is still largely composed of native species. This may include communities of weedy native species that develop after clear -cutting or clearing or communities with non-native invasive species present, but not dominant, over a large portion of the expected strata or communities missing understory but retaining canopy trees. C C C Vegetation is severely disturbed in terms of species diversity or proportions. Mature canopy is absent or communities with non-native invasive species dominant over a large portion of expected strata or communities composed of planted stands of non -characteristic species or communities inappropriately composed of a single species or no vegetation. 25. Conductivity — assessment reach metric (skip for all Coastal Plain streams) 25a. t- Yes f: No Was a conductivity measurement recorded? If No, select one of the following reasons. ( No Water i Other: 250. Check the box corresponding to the conductivity measurement (units of microsiemens per centimeter). A <46 ( B 46 to < 67 1— C 67 to < 79 t` D .79 to < 230 t E = 230 Notes/Sketch: NC SAM Stream Rating Sheet Accompanies User Manual Version 2.1 Stream Site Name Kellswater Phase 3 Stream Category Pb1 Notes of Field Assessment Form (Y/N) Presence of regulatory considerations (Y/N) Additional stream information/supplementary measurements included (YIN) NC SAM feature type (perennial, intermittent, Tidal Marsh Stream) Date of Evaluation May 2017 Assessor Name/Organization LEES rani NO kin Intermittent USACE/ NCDWR Function Class Rating Summary All Streams Intermittent (1) Hydrology MEDIUM MEDIUM (2) Baseflow HIGH HIGH (2) Flood Flow MEDIUM MEDIUM (3) Streamside Area Attenuation MEDIUM MEDIUM (4) Floodplain Access MEDIUM MEDIUM (4) Wooded Riparian Buffer MEDIUM MEDIUM (4) Microtopography NA NA (3) Stream Stability MEDIUM MEDIUM (4) Channel Stability MEDIUM MEDIUM (4) Sediment Transport MEDIUM MEDIUM (4) Stream Geomorphology MEDIUM MEDIUM (2) Stream/Intertidal Zone Interaction NA NA (2) Longitudinal Tidal Flow NA NA (2) Tidal Marsh Stream Stability NA NA (3) Tidal Marsh Channel Stability NA NA (3) Tidal Marsh Stream Geomorphology NA NA (1) Water Quality (2) Baseflow HIGH HIGH (2) Streamside Area Vegetation HIGH HIGH (3) Upland Pollutant Filtration HIGH HIGH (3) Thermoregulation HIGH HIGH (2) Indicators of Stressors NO NO (2) Aquatic Life Tolerance NA (2) Intertidal Zone Filtration NA NA (1) Habitat MEDIUM HIGH (2) In -stream Habitat LOW HIGH (3) Baseflow HIGH HIGH (3) Substrate MEDIUM MEDIUM (3) Stream Stability MEDIUM MEDIUM (3) In -stream Habitat LOW HIGH (2) Stream -side Habitat HIGH HIGH (3) Stream -side Habitat HIGH HIGH (3) Thermoregulation HIGH HIGH (2) Tidal Marsh In -stream Habitat NA NA (3) Flow Restriction NA NA (3) Tidal Marsh Stream Stability NA NA (4) Tioal Marsh Channel Stability NA NA (4) Tidal Marsh Stream Geomorphology NA NA (3) Tidal Marsh In -stream Habitat NA NA (2) Intertidal Zone Habitat NA NA Overall MEDIUM NC user Manual version 2.1 INSTRUCTIONS: Attach a sketch of the assessment area and photographs. Attach a copy of the USGS 7.5 -minute topographic quadrangle, and circle the location of the stream reach under evaluation, If multiple stream reaches will be evaluated on the same property, identify and number all reaches on the attached map, and include a separate form for each reach. See the NC SAM User Manual for detailed descriptions and explanations of requested information. Record in the "Notes/Sketch" section if any supplementary measurements were performed. See the NC SAM User Manual for examples of additional measurements that may be relevant. NOTE EVIDENCE OF STRESSORS AFFECTING THE ASSESSMENT AREA (do not need to be within the assessment area). PROJECT! SITE INFORMATION: 1. Project name (if any): Kellswater Phase 3 2. Date of evaluation: May 2017 3. Applicantlowner name: MRECV-KW, LLC 4. Assessor name/organization: LEES 5. County: Cabarrus 6. Nearest named water body 7. River Basin: Yadkin-PeeDee on USGS 7.5 -minute quad: Irish Buffalo Creek S. Site coordinates (decimal degrees, at lower end of assessment reach): 35.466, -80.659 STREAM INFORMATION: (depth and width can be approximations) 9. Site number (show on attached map): Prev. Impact (NWP) 10. Length of assessment reach evaluated (feet): 100 11. Channel depth from bed (in riffle, if present) to top of bank (feet). 3 r- Unable to assess channel depth. 12. Channel width at top of bank (feet): 5 13 Is assessment reach a swamp stream? r Yes ir' No 14. Feature type: (+ Perennial flow (- Intermittent flow t— Tidal Marsh Stream STREAM RATING INFORMATION: 15. NC SAM Zone: r Mountains (M) (+ Piedmont (P) C' Inner Coastal Plain (1) ( Outer Coastal Plain (0) 16. Estimated geomorphic \ J valley shape (skip for ( a y—��r: b Tidal Marsh Stream): (more sinuous stream, flatter valley slope) (less sinuous stream, steeper valley slope) 17. Watershed size: (skip (: Size 1 (< 0.1 mi`) f"- Size 2 (0.1 to < 0.5 mi') i— Size 3 (0.5 to < 5 mi`) {' Size 4 (? 5 miZ) for Tidal Marsh Stream) ADDITIONAL INFORMATION: 18. Were regulatory considerations evaluated? fi Yes f-' No If Yes, check all that appy to the assessment area. r— Section 10 water r— Classified Trout Waters r-- Water Supply Watershed ( (` I C li r III r IV (— V) r Essential Fish Habitat (- Primary Nursery Area (` High Quality Waters/Outstarding Resource Waters f— Publicly owned property r- NCDWR riparian buffer rule in effect r-" Nutrient Sensitive Waters r Anadromous fish r 303(d) List f CAMA Area of Environmental Concern (AEC) i— Documented presence of a federal and/or state listed protected species within the assessment area. List species: r— Designated Critical Habitat (list species): 19. Are additional stream information/supplementary measurements included in " Notes(Sketch" section or attached? r: Yes ((" No 1. Channel Water— assessment reach metric (skip for Size 1 streams and Tidal Marsh Streams) G' A Water throughout assessment reach. f-' B No flow, water in pools only. C-0 No water in assessment reach. 2. Evidence of Flow Restriction — assessment reach metric C A At least 100/6 of assessment reach in -stream habitat or riffle -pool sequence is adversely affected by a flow restriction Qr fiIl to the point of obstructing flow ora channe! choked with aquatic macrophytes or ponded water or impounded on flood or ebb within the assessment reach (examples: undersized or perched culverts, causeways that constrict the charnel, tidal gates). is B Not A 3_ Feature Pattern — assessment reach metric C A A majority of the assessment reach has altered patte,-n (examples: straightening, modification above or below culvert). t: 8 Not A. 4. Feature Longitudinal Profile—assessment reach metric fi A Majority of assessment reach has a substantially altered stream profile (examples: channel down -cutting, existing damming, over widening, active aggradation, dredging, and excavation where appropriate channel profile has not reformed from any of these disturbances). B Not A 5. Signs of Active Instability — assessment reach metric Consider only current instability, not past events from which the stream has currently recovered. Examples of instability include active rank failure, active channel down -cutting (head -cut), active widening, and artificial hardening (such as concrete, gabion, rip -rap). r A < 10% of channel unstable t: B 10 to 25% of channel unstable i C > 25% of channel unstable 6. Streamside Area Interaction—streamside area metric Consider for the Left Bank (LB) and the Right Bank (RB). LB RB r A r A Little or no evidence of conditions that adversely affect reference interaction (� B C# B Moderate evidence of conditions (examples: berms, levees, down -cutting, aggradation, dredging) that adversely affect reference interaction (examples: limited streamside area access, disruption of flood flows through streamside area, leaky or intermittent bulkheads, causeways with floodplain constriction, minor ditching [including mosquito ditching]) i C r C Extensive evidence of conditions that adversely affect reference interaction (little to no floodplain/intertidal zone access [examples: causeways with floodplain and channel constriction, bulkheads, retaining walls, fill, stream incision, disruption of flood flows through streamside area] or too much floodplain/intertidal zone access (examples; impoundments, intensive mosquito ditching)) or floodplain/intertidal zone unnaturally absent or assessment reach is a man-made feature on an interstream divide Water Quality Stressors — assessment reach/intertidal zone metric Check all that apply. I' A Discolored water in stream or intertidal zone (milky wrote, blue, unnaturai water discoloration, oil sheen, stream foam) F B Excessive sedimentation (burying of stream features or intertidal zone) I G Nquceacle evioence of pollutant discharges ertennq the as.sessmNnt each ri)d c;rs nd a „iter qua!^y problem r- D Odor (Inc', Including natural sulfide odors) 7 E Current pubt,shed or collected data indicating degraded ria r quality it the assessment rear_n C le source it ;he "Notes/Sketch' section. I"- F Livestock with access to stream or intertidal zone r- G Excessive algae in stream or irtertical zone r- H Degraded marsh vegetation in the intertidal zone (removal. Owning, regular mowinp, destruction. etc.) f- Other. _ (c -,/plain 'n "tk: cs-IS�f lcr," sect on) i✓ J Little to no stressors 8_ Recent Weather -watershed metric For Size 1 or 2 streams, D1 drought or higher is considered a drought; for Size 3 or 4 streams, D2 drought or higher is considered a drought. r"` A Drought conditions gnd no rainfall or rainfall not exceeding 1 inch within the last 48 hours t` B Drought conditions and rainfall exceeding 1 inch within the last 48 hours t- C No drought conditions 9 Large or Dangerous Stream - assessment reach metric C Yes C.` No Is stream is too large or dangerous to assess? If Yes, skip to Metric 13 (Streamside Area Ground Surface Condition). 10. Natural In -stream Habitat Types - assessment reach metric 10a. C' Yes t^ No Degraded in -stream habitat over majority of the assessment reach (examples of stressors include excessive sedimentation, mining, excavation, in -stream hardening [for example, rip -rap), recent dredging, and snagging) (evaluate for size 4 Coastal Plain streams only, then skip to Metric 12) 10b. Check all that occur (occurs if > 5% coverage of assessment reach) (skip for Size 4 Coastal Plain streams) r- A Multiple aquatic macrophytes and aquatic mosses m a ( F 5% oysters or other natural hard bottoms (include liverworts, lichens, and algal mats)F E 1- G Submerged aquatic vegetation 11 B Multiple sticks and/or leaf packs and/or emergent o - a r- H Low -tide refugia (pools) vegetation x o r- I Sar.d bottom f- C Multiple snags and logs (including tap trees) r J 5% vertical bank along the marsh r- D 5% undercut banks and/or root mats and/or roots v -5 r- K Little or no habitat in banks extend to the normal wetted perimeter I- E Little or no habitat """*"*""'* -REMAINING QUESTIONS ARE NOT APPLICABLE FOR TIDAL MARSH STREAMS"`""'"'"""'""'""""""'"""^ 11. Bedform and Substrate- assessment reach metric (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams) Ila, C Yes % No Is assessment reach in a natural sand -bed stream? (skip for Coastal Plain streams) 11 b. Bedform evaluated. Check the appropriate box(es). F" A Riffle -run section (evaluate 11c) 1`7 B Pool -glide section (evaluate 11d) r-- C Natural bedfonn absent (skip to Metric 12, Aquatic Life) 11c. In riffles sections, check all that occur below the normal wetted perimeter of the assessment reach -whether or not submerged. Check at feast one box in each row (skip for Size 4 Coastal Plain Streams and Tidal Marsh Streams). Not Present (NP) = absent, Rare (R) = present buts 10%, Common (C) = > 10-40%, Abundant (A) = > 40-70%, Predominant (P) _ > 70`/0. Cumulative percentages should not exceed 100% for each assessment reach. NP R C A P t f- t% C` t Bedrock/saprolite i% f- i f i Boulder (256 - 4096 mm) C' Cobble (64 - 256 mm) C C C+ r r Gravel (2 - 64 mm) r Sand (.062 - 2 mm) t i r C Silt/clay (< 0.062 mm) C 4- r- t Detritus t: t r r k— Artificial (rip -rap, concrete, etc.) 11d. t" Yes No Are pools filled with sediment? (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams) 12. Aquatic Life - assessment reach metric (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams) 12a. %-- Yes (- No Was an in -stream aquatic life assessment performed as described in the User Manual? If No, select one of the following reasons and skip to Metric 13. r No Water i Other: 12b. 4 Yes i- No Are aquatic organisms present in the assessment reach (look in riffles, pools, then snags)? If Yes, check all that apply. If No, skip to Metric 13. 1 >1 Numbers over columns refer to "individuals" for size 1 and 2 streams and "taxa" for size 3 and 4 streams. F_ I- Adult frogs r r- Aquatic reptiles f' r-- Aquatic macrophytes and aquatic mosses (include liverworts, lichens, and algal mats) I- ry Beetles (including water pennies) F_ r- Caddisfly larvae (Trichoptera [T;) I- F- clam (Corbicula ) I" r- Crustacean (isopod/amphipod/crayfish/shrimp) r r- Damselfly and dragonfly larvae r % r- Dipterans (true flies) r r Mayfly larvae (Ephemeroptera [E]) I-" r- Megaloptera (alderfly, fishfly, dobsonfly larvae) I- I- Midgeslmosquito larvae I Mosquito fish (Gambusia) or mud minnows (Umbra pygmaea) F_ r- Mussels/Clams (not Corbicula ) )- r Otherfish F- F_ Salamanders/tadpoles r✓ f- Snails 1 F_ Stonefly larvae (Piecoptera [P)) r- r- Tipulid larvae r-7 r- Worms/leeches 13. Streamside Area Ground Surface Condition — streamside area metric (skip for Tidal Marsh Streams and B valley types) Consider for the Left Bank (LB) and the Right Bank (RB). Consider storage capacity with regard to both overbank flow and upland runoff. LB RB r A (' A Little or no alteration to water storage capacity over a majority of the streamside area £ B r B Moderate alteration to water storage capacity over a majority of the streamside area t C % C Severe alteration to water storage capacity over a majority of the streamside area (examples include: ditches, fill, soil, compaction, livestock disturbance, buildings, man-made levees, drainage pipes) 14. Streamside Area Water Storage — streamside area metric (skip for Size 1 streams, Tidal Marsh Streams, and B valley types) Consider for the Left Bank (LB) and the Right Bank (RB) of the streamside area. LB RB (— A r A Majority of streamside area with depressions able to pond water >_ 6 inches deep f` B C-8 Majority of streamside area with depressions able to pond water 3 to 6 inches deep - C f` C Majority of streamside area with depressions able to pond water < 3 inches deep 15. Wetland Presence — streamside area metric (skip for Tidal Marsh Streams) Consider for the Left Bank (LB) and the Right Bank (RB). Do not consider wetlands outside of the streamside area or within the normal wetted perimeter of assessment reach. LB RB (— Y C Y Are wetlands present in the streamside area? f:N f:N 16. Baseflow Contributors — assessment reach metric (skip for size 4 streams and Tidal Marsh Streams) Check all contributors within the assessment reach or within view of and draining to the assessment reach. r— A Streams and/or springs (jurisdictional discharges) r- B Ponds (include wet detention basins; do not include sediment basins or dry detention basins) (— C Obstruction that passes some flow during low -flow periods within assessment area (beaver dam, bottom -release dam) f" D Evidence of bank seepage or sweating (iron oxidizing bacteria in water indicates seepage) W E Stream bed or bank soil reduced (dig through deposited sediment if present) 1— F None of the above 17. Basefiow Detractors -- assessment area metric (skip for Tidal Marsh Streams) Check all that apply. I— A Evidence of substantial water withdrawals from the assessment reach (includes areas excavated for hump installation) 1— B Obstruction not passing flow during low flow periods affecting the assessment reach (e:c watertight cam. sediment deposit) f C Urban stream (.- 24% impervious surface for watershed) r— D Evidence that the stream -Side area has been modified resulting in accelerated drainage into the assessment reach i-- E Assessment reach relocated to valley edge i✓ F None of the above 18. Shading — assessment reach metric (skip for Tidal Marsh Streams) Consider aspect. Consider "leaf -on' condition. f-` A Stream shading is appropriate for stream category (may include gaps associated with natural processes) f` B Degraded (example: scattered trees) (— C Stream shading is gone or largely absent 19. Buffer Width —streamside area metric (skip for Tidal Marsh Streams) Consider "vegetated buffer" and "wooded buffer" separately for left bank (LB) and right bank (RB) starting at the top of bank out to the first break. Vegetated Wooded LB RB LB RB (" A f` A f-- A f^ A z 100 -feet wide or extends to the edge of the watershed B t: B f B C B From 50 to < 100 -feet wide i C i C (+ C t: C From 30 to < 50 -feet wide t— D n D (- D f' D From 10 to < 30 -feet wide f' E f" E (— E i E < 10 -feet wide or no trees 20. Buffer Structure — streamside area metric (skip for Tidal Marsh Streams) Consider for left bank (LB) and right bank (RB) for Metric 19 ("Vegetated" Buffer Width). LB RB i A r A Mature forest (: B f: B Non -mature woody vegetation or modified vegetation structure f` C f C Herbaceous vegetation with or without a strip of trees < 10 feet wide f" D r D Maintained shrubs (— E (— E Little or no vegetation 21. Buffer Stressors — streamside area metric (skip for Tidal Marsh Streams) Check all appropriate boxes for left bank (LB) and right bank (RB). Indicate if listed stressor abuts stream (Abuts), does not abut but is within 30 feet of stream (< 30 feet), or is between 30 to 50 feet of stream (30-50 feet). If none of the following stressors occurs on either bank, check here and skip to Metric 22: 1`71 Abuts < 30 feet 30-50 feet L6 RB LB RB LB RB f A (- A f` A f` A f .A C' A Row crops (` B (_6 f" B f` B B i 6 Nleintained tur. C C ,'"' C irC f` C f— C' C Pasture (no iivestockVcomme-ciai Iia1:Cuitu;(3 C' D r D (— D s D (— D (— D Pasture (active Ivestock use) 22. Stem Density — streamside area metric (skip for Tidal Marsh Streams) Consider for left bank (LB) and right bank (RB) for Metric 19 ("Wooded" Buffer Width). LB RB C A f: A Medium to high stem density C-8 f` B Low stem density C No wooded riparian buffer or predominantly herbaceous species or bare ground 23. Continuity of Vegetated Buffer — streamside area metric (skip for Tidal Marsh Streams) Consider whether vegetated buffer is continuous along stream (parallel). Breaks are areas lacking vegetation > 10 -feet wide. Lb Xb !: A t: A The total length of buffer breaks is < 25 percent. {' B B The total length of buffer breaks is between: 25 and 50 percent. C_ i C The total length of buffer breaks is > 50 percent. 24. Vegetative Composition — First 100 feet of streamside area metric (skip for Tidal Marsh Streams) Evaluate the dominant vegetation within 100 feet of each bank or to the edge of the watershed (whichever comes first) as it contributes to assessment reach habitat. LB RB f A {„ A Vegetation is close to undisturbed ii species present and their p-oportions. Lower strata composed of native species, with non-native invasive species absent or sparse. (. B .: B Vegetation indicates disturbance in terms of species diversity or proportions, but is stili largely composed of native species. This may include communities of weedy native species that develop after clear -cutting or clearing pr communities with non-native invasive species present, but not dominant, over a large portion of the expected strata o,L communities missing understory but retaining canopy trees. i C t C Vegetation is severely disturbed in terms of species diversity or proportions. Mature canopy is absent or communities with non-native invasive species dominant over a large porton of expected strata or communities composed of planted stands of non -characteristic species or communities inappropriately composed. of a singe species gr no vegetation. 25. Conductivity —assessment reach metric (skip for all Coastal Plain streams) 25a. f— Yes is No Was a conductivity measurement recorded? If No, select one of the following reasons.f No Water .^+ Other: Aquatic habitat present 25b. Check the box corresponding to the conducfvity measurement (.units of microsiemens per centimete ). (— A :46 f B 43 to < G7 i i 5? to < ; 9 i D 79 to � 230 i E 230 Notes/Sketch: NC SAM Stream Rating Sheet Accompanies User Manual Version 2.1 Stream Site Name Keflswater Phase 3 Stream Category Pb1 Notes or Field Assessment Form (YiN) Presence of regulatory considerations (Y/N) Additional stream information/supplementary measurements included (Y/N) NC SAM feature type (perennial, intermittent, Tidal Marsh Stream) Date of Evaluation May 2017 Assessor Name/Organization LEES YES USACE/ NCDWR Function Class Rating Summary All Streams Intermittent (1) Hydrology MEDIUM (2) Baseflow HIGH - (2) Flood Flow MEDIUM (3) Streamside Area Attenuation MEDIUM (4) Floodplain Access MEDIUM (4) Wooded Riparian Buffer HIGH (4) Microtopography NA (3) Stream Stability MEDIUM (4) Channel Stability MEDIUM (4) Sediment Transport MEDIUM - (4) Stream Geomorphology HIGH (2) Stream/intertidal Zone Interaction NA (2) Longitudinal Tidal Flow NA (2) Tidal Marsh Stream Stability NA (3) Tidal Marsh Channel Stability NA (3) Tidal Marsh Stream Geomorphology NA (1) Water Quality MEDIUM (2) Baseflow HIGH (2) Streamside Area Vegetation HIGH (3) Upland Pollutant Filtration HIGH (3) Thermoregulation HIGH (2) Indicators of Stressors NO (2) Aquatic Life Tolerance Logy (2) Intertidal Zone Filtration NA (1) Habitat MEDIUM (2) In -stream Habitat LOW (3) Baseflow HIGH (3) Substrate MEDIUM (3) Stream Stability MEDIUM (3) In -stream Habitat LOW (2) Stream -side Habitat HIGH (3) Stream -side Habitat MEDIUM (3) Thermoregulation HIGH (2) Tidal Marsh In -stream Habitat NA (3) Flow Restriction NA (3) Tidal Marsh Stream Stability NA (4) Tidal Marsh Channel Stability NA (4) Tidal Marsh Stream Geomorphology NA (3) Tidal Marsh In -stream Habitat NA (2) Intertidal Zone Habitat NA Overall MEDIUM