HomeMy WebLinkAbout20191521 Ver 1_PCN Form Submission_20191101DR
02*10n of Water R"Ourc"
Pre -Construction Notification (PCN) Form
September 29, 2018 Ver 3
Initial Review
Has this project met the requirements for acceptance into the review process?*
r Yes
r No
Is this project a public transportation project?*
r Yes r No
Change only if needed.
BIMS # Assigned *
Version#*
20191521
1
Is a payment required for this project?*
* No payment required
What amout is owed?*
* Fee received
r $240.00
r Fee needed - send electronic notification
r $570.00
Reviewing Office* Select Project Reviewer*
Mooresville Regional Office - (704) 663-1699 Alan Johnson:eads\adjohnsonl
Information for Initial Review
1a. Name of project:
Atrium Health - Union West Campus
1a. Who is the Primary Contact?*
Chris Tinklenberg, PWS
1 b. Primary Contact Email:*
chris.tinklenberg@kimley-horn.com
Date Submitted
11 /1 /2019
Nearest Body of Water
UT to North Fork Crooked Creek
Basin
Yadkin-PeeDee
Water Classification
North Fork Crooked Creek - Class "C'
Site Coordinates
Latitude:
35.094180
A. Processing Information
County (or Counties) where the project is located:
Union
Is this project a public transportation project?*
r Yes r No
Longitude:
-80.675572
1a. Type(s) of approval sought from the Corps:
V Section 404 Permit (wetlands, streams and waters, Clean Water Act)
r Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
1 b. What type(s) of permit(s) do you wish to seek authorization?
P Nationwide Permit (NWP)
r- Regional General Permit (RGP)
r- Standard (IP)
1c. Primary Contact Phone:*
(704)409-1802
1c. Has the NWP or GP number been verified by the Corps?
r Yes r No
Nationwide Permit (NWP) Number:
NWP Numbers (for multiple NWPS):
1d. Type(s) of approval sought from the DWR:
P 401 Water Quality Certification - Regular
r Non-404 Jurisdictional General Permit
r Individual Permit
39 - Commercial/Institutional Developments
r 401 Water Quality Certification - E)press
r Riparian Buffer Authorization
le. Is this notification solelyfor the record because written approval is not required?
For the record only for DWR 401 Certification:
For the record only for Corps Permit:
1f. Is this an after -the -fact permit application?*
r Yes r No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
r Yes r No
19. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
r Yes r No
Acceptance Letter Attachment
Atrium Health - Union West Campus Acceptance Letter.pdf
1h. Is the project located in any of NC's twenty coastal counties?
r Yes r No
1j. Is the project located in a designated trout watershed?
r Yes r No
B. Applicant Information
1d. Who is applying for the permit?
W Owner r Applicant (other than owner)
le. Is there an Agent/Consultant for this project?*
r Yes r No
2. Owner Information
2a. Name(s) on recorded deed:
Tom Washington, The Charlotte Mecklenburg Hospital Authority
2b. Deed book and page no.:
2c. Responsible party:
Tom Washington
2d. Address
Street Address
9401 Arrowpoint Blvd
Address Line 2
Office 306
City
Charlotte
Postal / Zip Code
28233
2e. Telephone Number:
(704)667-9428
2g. Email Address:*
Tom.Washington@atriumhealth.org
4. Agent/Consultant (if applicable)
4a. Name:
State / Rwince / Fbgim
North Carolina
Country
United States
2f. Fax Number
82.89KB
r Yes r No
rYes rNo
J
Chris Tinklenberg, PWS
4b. Business Name:
Kimley-Horn and Associates
4c.Address
Street Address
200 South Tryon Street
Address Line 2
Suite 200
city
Charlotte
Postal / Zip Code
28202
4d. Telephone Number:
(704)409-1802
4f. Email Address:*
Chris.Tinklenberg@kimley-horn.com
Agent Authorization Letter*
04-CharMeck Hospital Authority AGENT AUTH_SIGNED.pdf
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(d appropriate)
WA
1c. Nearest municipality/town:
Stallings
2. Project Identification
State / Province / legion
NC
Country
United States
4e. Fax Number:
2a. Property Identification Number:
07102019, 07102016, 07102012D,
07102021, 07102022, 07102015, 07102018,
07102013A, 07102012, 07102012B,
07102012C,07102023A,07102011,
2b. Property size:
07102012A,07102017,07102020
56.1
2c. Project Address
Street Address
3507 Mathews -Indian Trail Road
Address Une 2
Chy
State / Province / Region
Stallings
NC
Postal / Zip Cade
Country
28104
USA
3. Surface Waters
3a. Name of the nearest body of water to proposed project:*
UT to North Fork Crooked Creek
3b. Water Resources Classification of nearest receiving water:*
North Fork Crooked Creek - Class "C"
3c. What river basin(s) is your project located in?*
Yadkin-PeeDee
3d. Please provide the 12-digit HUC in which the project is located.
030401050702
4. Project Description and History
489.4KB
4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application:*
The subject property is primarily undeveloped, consisting of open fields and forested areas, as well as one commercial property, nine residential properties, and five parcels of vacant,
undeveloped land. The current topography ranges from approximately 752 feet above mean sea level at the northwest portion of the site to 691 feet above mean sea level at the
southeast portion of the site. Existing land use in the vicinity of the project includes commercial development and residential/maintained properties. The approximately 53-acre property
is located in the northeast quadrant of the Stallings Road and Matthews -Indian Trail Road intersection in Stallings, Union County, North Carolina. The project will consist of
mass -grading approximately 45-acres to accommodate the development, construction of a private street, public utility extensions, and two stormwater detention facilities.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?*
r Yes r No r Unknown
4d. Attach an 8 1/2 X 11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site. (for DWR)
Union_Fig2_USGS.pdf
843.35KB
4e. Attach an 81/2 X 11 excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. (for DWR)
Union_Fig3_SSURGO_NWl.pdf 2.45MB
4f. List the total estimated acreage of all existing wetlands on the property:
0.16 acres
4g. List the total estimated linear feet of all existing streams on the property:
The total length of all on -site streams is approximately 2,052 linear feet.
4h. Explain the purpose of the proposed project:*
Atrium Health seeks to construct a new mixed -use development consisting of a 160,000 square -foot (sf) Hospital and 60,000-sf Medical Office Building (MOB) anchors, as well as,
additional medical office buildings, retail shops, restaurants, a hotel, and multi -family apartment homes.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:*
The project will consist of mass -grading approximately 45-acres to accommodate the development, construction of a private
street, public utility extensions, and two stormwater detention facilities.
Two access points are required from Matthews -Indian Trail to service the proposed development's projected traffic needs while maintaining proper levels of service along Matthews -
Indian Trail. The location of both access points will provide essential spacing and circulation for roughly 160,000 SF of Hospital along with the future hospital, commercial, mixed -use,
and retail development. The existing grade of Matthews -Indian Trail Road presented elevation constraints for the proposed Matthews -Indian Trail Road access points. In order to
provide connection to Matthews -Indian Trail Road without steep access road grades, soil must be added to the proposed access roads and parcels south of Street A. Proposed
commercial/residential development for these parcels will require up to 20-ft of fill in some locations to achieve development goals. The multi -use development will be constructed in
three (3) phases; however, mass -grading for the entirety of the site
will be conducted in Phase 1. Mass -grading of the approximately 45-acre project area will result in permanent impacts to 0.12 acres of potential wetland -waters of the U.S. (WoUS) and
200-L.F. of non -wetland WoUS. Existing baseflow from the impacted features will be conveyed through an underground drainage system, i.e. French -drain, in order to maintain
downstream hydrology. No additional impacts to potential WoUS are anticipated in Phases 2 and 3.
In total, the proposed development project seeks to impact 200 linear feet and 0.12-ac of waters of the U.S
Typical construction equipment including bulldozers, back hoes, front end loaders, etc. will be utilized during construction.
4j. Please upload project drawings for the proposed project.
06_Atrium Union West -Mass Grading Plans_11A7.pdf 33.34MB
_UnionWest_Figures _COMPLETE.pdf 7.23MB
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
r Yes
Comments
r No
5b. If the Corps made a jurisdictional determination, what type of determination was made?*
r Preliminary r Approved r Not Verified r Unknown r WA
Corps AID Number:
SAW-2019-01848)
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Daniel Kuefler
Agency/Consultant Company: Wetlands and Environmental Planning Group (WEPG)
Other:
r Unknown
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
September 11, 2019
5d1. Jurisdictional determination upload
SAW-2019-01259 (signed PJD).pdf 483.12KB
6. Future Project Plans
6a. Is this a phased project?*
r Yes O No
7b. If yes, explain.
The overall development will be constructed in three (3) phases; however, mass grading for the entirety of the multi -use development will be conducted in Phase 1. No impacts to WoUS
are proposed in Phases 2 & 3.
Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity?
D. Proposed Impacts Inventory
1. Impacts Summary
la. Where are the impacts associated with your project? (check all that apply):
V Wetlands FT Streams -tributaries
r Open Waters F Pond Construction
2. Wetland Impacts
❑ Buffers
Reason (?)
2b. Impact type * ()
2c. Type of W. *
2d. W. name *
Forested*
2f. Type of
2g. Impact
r
fe.
Jurisdicition*(?)
area
WC
Grading Fill
P
Headwater Forest
WC — Impact 1
Yes
Corps
0.100
(acres)
WH
Grading Fill
P
Headwater Forest
WH— Impact 2
Yes
Corps
0.015
(acres)
WF
Grading fill
P
Headwater Forest
�WF — Impact 3
Yes
Corps
0.007
(acres)
29. Total Temporary Wetland Impact
0.000
29. Total Wetland Impact
0.122
2h. Comments:
3. Stream Impacts
29. Total Permanent Wetland Impact
0.122
3a. Reason for impact (?) 3b.lmpact type * 3c. Type of impact* 3d. S. name * �3e. Stream Type* [J.
f. Type of 3g. S. width * 3h. Impact
(?) risdiction* length*
Grading fill 7:1ff:71
Fill SB — Impact 4 ::Iff::]
Both 4 200
fl
9 p Average (fed) (Inear fed)
31. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts:
200
3i. Total stream and ditch impacts:
200
3j. Comments
E. Impact Justification and Mitigation
1. Avoidance and Minimization
31. Total temporary stream impacts:
0
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
The proposed project will avoid impacts to 1700-If of intermittent and perennial streams along the eastern portion of the property. The proposed
impacts are necessary and unavoidable to meet the goals of the proposed development. Two access points are required from Matthews -Indian Trail to
service the proposed development's projected traffic needs while maintaining proper levels of service along Matthews -Indian Trail. The location of
both access points will provide essential spacing and circulation for roughly 160,000 SF of Hospital along with the future hospital, commercial, mixed -
use, and retail development. The existing grade of Matthews -Indian Trail Road presented elevation constraints for the proposed Matthews -Indian Trail
Road access points. In order to provide a connection to Matthews -Indian Trail Road without steep access road grades, soil must be added to the
proposed access roads and parcels south of Street A. Proposed commercial/residential development for these parcels will require up to 20-ft of fill in
some locations to achieve development goals. Stream impacts were unavoidable for these parcels. Locations along Matthews -Indian Trail Road,
where grading demands for development would be highly impactful, were designated as tree conservation areas to provide avoidance of additional
stream impacts.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Avoidance and minimization though construction techniques is not feasible since mass -grading will permanently impact the features outlined above.
Epsting baseflow from the impacted features will be conveyed through an underground drainage system, i.e. French -drain, in order to maintain
downstream hydrology which eliminates the potential for indirect impacts.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
v
2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State?
C Yes
r No
2c. If yes, mitigation is required by (check all that apply):
DWR W Corps
2d. If yes, which mitigation option(s) will be used for this project?
[ Mitigation bank rJ Payment to in -lieu fee r Permittee Responsible
program Mitigation
4. Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
6- Yes r No
4b. Stream mitigation requested:
(linear feet)
200
4d. Buffer mitigation requested (DWR only):
(square feet)
4f. Non -riparian wetland mitigation requested:
(acres)
4h. Comments
4c. If using stream mitigation, what is the stream temperature:
warm
4e. Riparian wetland mitigation requested:
(acres)
0.12
4g. Coastal (tidal) wetland mitigation requested:
(acres)
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
1. Diffuse Flow Plan
la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
r Yes r No
If no, explain why:
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?*
r Yes C No
2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?
r Yes r No
2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater
program?
r Yes r No
3. Stormwater Requirements
3a. Select whether a completed stormwater management plan (SMP) is included for review and approval or if calculations are provided to document the project will not cause
degradation of downstream surface waters.*
r Stormwater Management r Antidegradation
Plan Calculations
3b. Stormwater Management Plan
3c. Antidegradation Calculations:
Comments:
The Stormwater Management Plan is designed to meet the Town of Stallings requirements which adopted the City of Charlotte Stormwater Design Manual, BMP Design Standards
Manual, and the Sediment & Erosion Control Ordinance. The post -development flow rates have been reduced to the pre -development flow rates for both the 10-year, 6-hour storm
event and the 25-year, 6-hour storm event. The stormwater network has been designed to convey the 10-year storm event. The SMP was submitted on November 1, 2019. Following
approval, a copy of the approval Will be provided to NCDWR for their record.
G. Supplementary Information
1. Environmental Documentation
la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?*
r Yes C No
2. Violations (DWR Requirement)
2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or
Riparian Buffer Rules (15A NCAC 2B .0200)? *
r Yes r No
3. Cumulative Impacts (DWR Requirement)
3a. Will this project result in additional development, which could impact nearby downstream water quality?*
r Yes r No
3b. If you answered "no," provide a short narrative description.
Additional development that could impact nearby downstream water quality is not anticipated as a result of this project.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
r Yes r Nor N/A
4b. Describe, in detail, the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated
at a treatment plant, list the capacity available at that plant.
Wastewater discharge has been evaluated by Union County Public Works and will be split between two eAsting sewers to best make use of available
capacity. One existing sanitary sewer main runs through the project site and the other along Stallings Road. The pre-treatment required for certain
waste -streams are as follows: grinder station for hospital medical waste, grease trap for kitchen waste, and a cooling system for energy plant make-up
water and washdown. Wastewater will be monitored quarterly through sampling by a third party laboratory. Emergency power condensate will be
discharged to a stormwater retention pond.
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or habitat?*
r Yes r No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?*
r Yes r No
5c. If yes, indicate the USFWS Field Office you have contacted.
Asheville
5d. Is another Federal agency involved?*
r Yes r No
5e. Is this a DOT project located within Division's 1-8?
r Yes r No
5f. Will you cut anytrees in order to conduct the work in waters of the U.S.?
r Yes r No
5g. Does this project involve bridge maintenance or removal?
r Yes r No
5h. Does this project involve the construction/installation of a wind turbine(s)?*
r' Yes r No
r Unknown
5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.?
r Yes r No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
A review of the North Carolina Natural Heritage Program (NCNHP) database on October 17, 2019, did not indicate known occurrences of threatened
or endangered species within the project boundary. Additionally, pedestrian surveys conducted by WEPG on November 19, 2018, and KH on October
28, 2019 did not identify any occurrences of protected species Within the property boundary. (See attached Gateway Commons — T&E Evaluations). A
concurrence request letter will be submitted to the USFWS on November 4, 2019. USFWS concurrence will be provided once it is received.
Consultation Documentation Upload
Gateway CommonsT&E 11.19.18.pdf 712.68KB
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?*
r Yes r No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?*
NCNHP element occurrence database did not indicate the presence of EFH within the project boundary.
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?*
r Yes r No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?*
Kimley-Horn consulted the North Carolina State Historic Preservation Office (SHPO) HPOWEB GIS service on October 21, 2019, and found no sites of
architectural, historic, or archaeological significance Within or near the project boundary.
7c. Historic or Prehistoric Information Upload
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?*
f Yes 6 No
8c. What source(s) did you use to make the floodplain determination?*
Based on the effective FEMA Flood Insurance Rate Map Number 3710449900K, dated February 19th, 2014 the site is within unshaded Zone X(areas
determined to be outside the 0.2 % annual chance floodplain).
Miscellaneous �=
Comments
A pdf copy of the full PCN document and associated documentation (including NCWAM Assessment forms) is included for your reference. If you need any additional information, please
let me know.
Thank you,
Chris
Miscellaneous attachments not previously requested.
00_Atrium - Union_West_PCN_COMPLETE.pdf
4.64MB
Signature Vil
m By checking the box and signing below, I certify that:
• I have given true, accurate, and complete information on this form;
• I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
• I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act');
• I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND
• I intend to electronically sign and submit the PCN form.
Full Name:
Chris Tinklenberg
Signature
Date
11 /1 /2019
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
TIM BAUMGARTNER
Director
Tom Washington
Atrium Health
9401 Arrowpoint Blvd., Office 306
Charlotte, NC 28273
Project: Atrium Health - Union West Campus
NORTH CAROLINA
Environmental Quality
October 24, 2019
Expiration of Acceptance: 4/24/2020
County: Union
The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to
accept payment for compensatory mitigation for impacts associated with the above referenced project as
indicated in the table below. Please note that this decision does not assure that participation in the DMS in -
lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts.
It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will
be approved. You must also comply with all other state, federal or local government permits, regulations or
authorizations associated with the proposed activity including G.S. § 143-214.11.
This acceptance is valid for six months from the date of this letter and is not transferable. If we have not
received a copy of the issued 404 Permit/401 Certification within this time frame, this acceptance will
expire. It is the applicant's responsibility to send copies of the permits to DMS. Once DMS receives a copy
of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must
be made prior to conducting the authorized work. The amount of the in -lieu fee to be paid by an applicant is
calculated based upon the Fee Schedule and policies listed on the DMS website.
Based on the information supplied by you in your request to use the DMS, the impacts for which you are
requesting compensatory mitigation credit are summarized in the following table. The amount of mitigation
required and assigned to DMS for this impact is determined by permitting agencies and may exceed the
impact amounts shown below.
River Basin I Impact Location Impact Type Impact Quantity
Yadkin 1 03040105 Riparian Wetland 1 0.12
Yadkin 1 03040105 _F__ Warm Stream 200
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: Chris Tinklenberg, agent
Sincerely,
Ja es. B Stanfill
Ass anagement Supervisor
�'H
North Carolina Department of Environmental Quality I Division of Mitigation Services
7.17 W. Jones Street 11652 Mail Service Center I Raleigh, North Carolina 27699-1652
919,707.8976
AGENT AUTHORIZATION FORM
Name: Tom Washington, The Charlotte Mecklenburg Hospital Authority
Address: 9401 Arrowpoint Blvd., Office 306, Charlotte, NC 28273
Phone: 704-667-9428
Project Name/Description: Atrium Union West Hospital
Date: 10/23/2019
The Department of the Army
U.S. Army Corps of Engineers, Wilmington District
Attention: Mr. David Shaeffer
Re: Wetland Related Consulting and Permitting
Atrium Union West Hospital
To whom it may concern:
The Charlotte Mecklenburg Hospital Authority hereby designates and authorizes Kimley-Horn
and Associates, Inc.to act in their behalf as their agent solely for the purpose processing
Jurisdictional Determinations, Section 404 permits/Section 401 Water Quality Certifications
applications, and to furnish upon request supplemental information in support of applications, etc.,
from this day forward until successful completion of the permitting process or revocation by The
Charlotte Mecklenburg Hospital Authority. In acting as agent, Kirnley-Horn and Associates, Inc.
does not assume financial responsibility/ownership for the referenced project.
Authorized this the day of 0<7P18f'Z , 2019
The Charlotte Mecklenburg Hospital Authority
i0 % WA C-H�niC��i
(Print Name`,p4�C�TO�; p-Upy) (Sign re)
Authorized Representative wvv
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Atrium Health
Kimley)))Horn Union West Campus
Union County, NC
October 2019
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Atrium Health
Kim Iey)>>Horn Union West Campus
Union County, NC
October 2019
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Atrium Health
Kimley)))Horn Union West Campus
Union County, NC
October 2019
SAW-2019-01259
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2019-01259 County: Union U.S.G.S. Quad: NC- Matthews
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Requestor: Atrium Health
Robert Dravton
Address: P.O. Box 32861
Charlotte, NC 28232
Telephone Number: 704-619-0409
E-mail: Robert.drayton(datriumhealth.org
Size (acres) 56.1 Nearest Town Matthews
Nearest Waterway North Fork Crooked Creek River Basin Upper Pee Dee
USGS HUC 03040105 Coordinates Latitude: 35.0921
Longitude:-80.6742
Location description: The review area is located on the north side of Matthews -Indian Trail Road; approximatelv 0.3 miles
south of the intersection of Matthews -Indian Trail Road and Stallings Road. PINS: 07102019, 07102016, 07102012D, 07102021,
07102022, 07102015, 07102018, 07102013A, 07102012, 07102012B, 07102012C, 07102023A, 07102011, 07102012A, 07102017,
07102020. Reference review area descriution shown in Jurisdictional Determination Request uackage entitled "Figure 1.
Vicinitv Mad' and Printed Date of 02/15/2018.
Indicate Which of the Following Apply
A. Preliminary Determination
® There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404
of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The
waters, including wetlands have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate
and reliable. The approximate boundaries of these waters are shown on the enclosed delineation map dated 8/28/2019. Therefore
this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory
mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection
measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any
way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an
appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may
request an approved JD, which is an appealable action, by contacting the Corps district for further instruction.
❑ There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404
of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403).
However, since the waters, including wetlands have not been properly delineated, this preliminary jurisdiction determination
may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is
merely an effective presumption of CWA/RHA jurisdiction over all of the waters, including wetlands at the project area, which
is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters,
including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland
delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps.
B. Approved Determination
❑ There are Navigable Waters of the United States within the above described project area/property subject to the permit
requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act
(CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for
a period not to exceed five years from the date of this notification.
❑ There are waters, including wetlandson the above described project area/property subject to the permit requirements of Section
404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
SAW-2019-01259
❑ We recommend you have the waters, including wetlands on your project area/property delineated. As the Corps may not be
able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that
can be verified by the Corps.
❑ The waters, including wetlands on your project area/property have been delineated and the delineation has been verified by
the Corps. The approximate boundaries of these waters are shown on the enclosed delineation map dated DATE. We strongly
suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once
verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided
there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years.
❑ The waters, including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the
Corps Regulatory Official identified below onDATE. Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
❑ There are no waters of the U.S., to include wetlands, present on the above described project area/property which are subject to the
permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.
❑ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA)
You should contact the Division of Coastal Management in Morehead City, NC, at (252) 808-2808 to determine their
requirements.
Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or
placement of structures, or work within navigable waters of the United States without a Department of the Army permit may
constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions
regarding this determination and/or the Corps regulatory program, please contact Brvan Roden-Revnolds at 704-510-1440 or
b ry an. ro den-revno ld s(d, u s ace. armv. mil.
C. Basis For Determination: Basis For Determination: See the preliminary jurisdictional determination
form dated 9/11/2019.
D. Remarks: None.
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 (This information applies only to approved jurisdictional determinations as indicated in B.
above)
This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this
determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a
Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you
must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Jason Steele, Review Officer
60 Forsyth Street SW, Room 10M15
Atlanta, Georgia 30303-8801
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal
under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you
decide to submit an RFA form, it must be received at the above address by Not applicable.
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.
RODEN REYNOLDS.BRYAN.KENNETH.1263385574 Digitallysiped by RODEN REYNOLDS.BRYAN.KENNETH.1263385574
Corps Regulatory Official: Date: 2019.09.11 09:34:08-04-00-
SAW-2019-01259
Date of JD: 9/11/2019 Expiration Date of JD: Not applicable
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete the Customer Satisfaction Survey located at
http://corpsmapu.usace.anny.mil/cm_apex/Vp=136:4:0
Copy furnished:
Agent: Wetlands and Environmental Planning Group
Daniel Kuefler
Address: 10612-D Providence Road, PMB 550
Charlotte, NC 28277
Telephone Number: 336-554-2728
E-mail: daniel.kuefler(dwetlands-epg.com
NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: Atrium Health, Robert Dravton File Number: SAW-2019-01259 Date: 9/11/2019
Attached
is:
See Section below
F-11
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 or http://www.usace.anny.mil/Missions/CivilWorks/RegulatorvProgramandPennits.asI)x
or the Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request
that the permit be modified accordingly. You must complete Section II of this form and return the form to the district
engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will
forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your
objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your
objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After
evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in
Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein,
you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of
this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days
of the date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new
information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the
date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers
Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form
must be received by the division engineer within 60 days of the date of this notice.
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the
preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed),
by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the
Corps to reevaluate the JD.
SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial
proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or
objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the
record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to
clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record.
However, you may provide additional information to clarify the location of information that is already in the administrative
record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision and/or the
If you only have questions regarding the appeal process you may
appeal process you may contact:
also contact:
District Engineer, Wilmington Regulatory Division
Mr. Jason Steele, Administrative Appeal Review Officer
Attn: Bryan Roden -Reynolds
CESAD-PDO
Charlotte Regulatory Office
U.S. Army Corps of Engineers, South Atlantic Division
U.S Army Corps of Engineers
60 Forsyth Street, Room 1OM15
8430 University Executive Park Drive, Suite 615
Atlanta, Georgia 30303-8801
Charlotte, North Carolina 28262
Phone: (404) 562-5137
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day
notice of any site investigation, and will have the opportunity to participate in all site investigations.
Date:
Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: Bryan Roden -Reynolds, 69 Darlington Avenue, Wilmington, North
Carolina 28403
For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative Appeal
Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8801
Phone: (404) 562-5137
PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD: 9/11/2019
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Atrium Health, Robert Drayton, P.O. Box 32861,
Charlotte, NC 28232
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Union West Campus Site, SAW-
2019-01259
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The review area is located on the north side
of Matthews -Indian Trail Road; approximately 0.3 miles south of the intersection of Matthews -Indian Trail Road and
Stallings Road. PINS: 07102019, 07102016, 07102012D, 07102021, 07102022, 07102015, 07102018, 07102013A,
07102012, 0710201213, 07102012C, 07102023A, 07102011, 07102012A, 07102017, 07102020. Reference review area
description shown in Jurisdictional Determination Request package entitled "Figure 1, Vicinity Map" and Printed Date
of 02/15/2018.
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR
AQUATIC RESOURCES AT DIFFERENT SITES)
State: NC County: Union City: Matthews
Center coordinates of site (lat/long in degree decimal format): Latitude: 35.0921 Longitude:-80.6742
Universal Transverse Mercator:
Name of nearest waterbody: North Fork Crooked Creek
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
❑ Office (Desk) Determination. Date:
H Field Determination. Date(s): 08/28/2019
TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY
JURISDICTION.
Estimated amount of
Geographic authority to
Type of aquatic
Latitude (decimal
Longitude (decimal
aquatic resources in
resources (i.e.,
which the aquatic resource
Feature
review area (acreage
'may be" subject (i.e.,
degrees)
degrees)
wetland vs. non -
and linear feet, if
Section 404 or Section
wetland waters)
applicable
10/404)
Stream A
35.0924
-80.6728
1,000 linear feet
Non -wetland
404
Stream B
35.0928
-80.6759
375 linear feet
Non -wetland
404
Stream D
35.0923
-80.6725
50 linear feet
Non -wetland
404
Stream G
35.0919
-80.6751
550 linear feet
Non -wetland
404
Wetland
C/ CC
35.0935
-80.6766
0.15 acre
Wetland
404
Wetland E
35.0927
-80.6727
0.02 acre
Wetland
404
Estimated amount of
Geographic authority to
Type of aquatic
Latitude (decimal
Longitude (decimal
aquatic resources in
resources (i.e.,
which the aquatic resource
Feature
review area (acreage
'may be" subject (i.e.,
degrees)
degrees)
wetland vs. non -
and linear feet, if
wetland waters)
Section 404 or Section
applicable
10/404)
Wetland F
35.0924
-80.6756
0.01 acre
Wetland
404
Wetland H
35.0925
-80.6757
0.1 acre
Wetland
404
1) The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review
area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an
approved 7D (AID) for that review area based on an informed decision after having discussed the
various types of 7Ds and their characteristics and circumstances when they may be appropriate.
2) In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General
Permit (NWP) or other general permit verification requiring "pre- construction notification" (PCN), or
requests verification for a non -reporting NWP or other general permit, and the permit applicant has
not requested an AID for the activity, the permit applicant is hereby made aware that: (1) the permit
applicant has elected to seek a permit authorization based on a PJD, which does not make an official
determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AID
before accepting the terms and conditions of the permit authorization, and that basing a permit
authorization on an AID could possibly result in less compensatory mitigation being required or
different special conditions; (3) the applicant has the right to request an individual permit rather than
accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant
can accept a permit authorization and thereby agree to comply with all the terms and conditions of that
permit, including whatever mitigation requirements the Corps has determined to be necessary; (5)
undertaking any activity in reliance upon the subject permit authorization without requesting an AID
constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g.,
signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps
permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area
affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such
jurisdiction in any administrative or judicial compliance or enforcement action, or in any
administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AID
or a PJD, the 7D will be processed as soon as practicable. Further, an AID, a proffered individual
permit (and all terms and conditions contained therein), or individual permit denial can be
administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it
becomes appropriate to make an official determination whether geographic jurisdiction exists over
aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic
resources in the review area, the Corps will provide an AID to accomplish that result, as soon as is
practicable. This PJD finds that there "may be" waters of the U.S. and/or that there "may be"
navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the
review area that could be affected by the proposed activity, based on the following information:
SUPPORTING DATA. Data reviewed for PJD (check all that apply)
Checked items should be included in subject file. Appropriately reference sources below where
indicated for all checked items:
® Maps, plans, plots or plat submitted by or on behalf of the PJD requestor:
Map: Figures 1-6
® Data sheets prepared/submitted by or on behalf of the PJD requestor.
® Office concurs with data sheets/delineation report.
❑ Office does not concur with data sheets/delineation report. Rationale:
❑ Data sheets prepared by the Corps:
❑ Corps navigable waters' study:
❑ U.S. Geological Survey Hydrologic Atlas:
❑ USGS NHD data.
❑ USGS 8 and 12 digit HUC maps.
® U.S. Geological Survey map(s). Cite scale & quad name: Figure 3, USGS Map (1:24,000 Matthews, NC)
® Natural Resources Conservation Service Soil Survey. Citation: Figure 4, NRCS Published Soils Map (Soil Survey of
Union County)
❑ National wetlands inventory map(s). Cite name:
❑ State/local wetland inventory map(s):
❑ FEMAIFIRM maps:
❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929)
® Photographs: ®Aerial (Name & Date): Figure 1, Vicinity Map (Dated 02/15/2018), Figure 2, Aerial Map (Dated
02/15/2018) and Figure 6, Delineation Map (Dated 08/28/2019)
or ®Other (Name & Date): Photographs 1-6 (Dated
11/19/2018)
❑ Previous determination(s). File no. and date of response letter:
® Other information (please specify): Figure 5, Tax Parcel Map (Dated 11/28/2018) and Stream Reach Evaluation
Forms (Dated 11/19/2019)
IMPORTANT NOTE: The information recorded on this form has not necessarily been
verified by the Corus and should not be relied uuon for later iurisdictional determinations.
RODEN Digitally signed by RODEN
REYNOLDS.B RYAN.KEN N ETH.
REYNOLDS.BRYANX 1263385574
ENNETH.1263385574 Date: 2019.09.1109:32:42
-04'00'
Signature and date of Regulatory
staff member completing PJD
9/11/2019
Signature and date of person requesting PJD
(REQUIRED, unless obtaining the signature is
impracticable)'
1 Districts may establish timeframes for requester to return signed PJD forms. If the requester does not respond within the
established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an
action.
LEGEND
***NCDEQ VERIFICATION 1/31/19***
Project boundary study limits
***USACE VERIFICATION 8/28/19*** Stream
Wetland
Landscape photo direction
PROJECT BOUNDARY LJ
STUDY LIMITS
1
l
WETLAND F
0.01 ac
USACE
i
WETLAND
DATA �
ti POINT C WETLAND E
USACE UPLAND - 0.02 ac
~ DATA POINT 1
Q
6
WETLAND C/CC NCDEQ STREAM
.� 0.15 ac FORM A
�. n
' ► ti PIPE R l L 1
tINTERMITTENT STREAM B �•
- 400 If +
•. � 'f t- WETLAND H 0
.�
III -0.1 ac
1
/ PERENNIAL STREAM A CULVERT NCDEQ STREAM
1,000If FORM D
INTERMITTENT
01 i
INTERMITTENT STREAM G STREAM D
550 If 50 If
FIGURE NO. Atrium Health — Union West Campus Drawn By: Reviewed By:
6 G
Union Co., NC NRN LSR
Leonard S. Rindner, PLLC. • DELINEATION MAP DATE:
/
-WATERS OF THE U.S.- 2
len. rind Updaatedced 8/28/19/
ner@wetlands-epg.comFURTHER STUDY REQUIRED
• SUBJECT TO USACE/NCDEQ VERIFICATION
Wetlands and Environmental Planning Group
Leonard S. Rindner, PLLC.
Threatened / Endangered / Protected Species
Evaluation
For: Gateway Commons
Union County, North Carolina
By: Lisa R. Gaffney
November 26, 2018
Charlotte Office: www.wetiands-epg.com
Asheville Office:
10612-D Providence Rd.
1070 Tunnel Rd., Bldg. I
PMB 550
Suite 10, PMB 283
Charlotte, NC 28277
Asheville, NC 28805
(704) 904-2277
I en. ri nd ner@wet Ian ds -epg. co m
Gateway Commons - Threatened / Endangered / Protected Species Evaluation
GENERAL LANDSCAPE DESCRIPTION:
The Gateway Commons site is 56.057 acres located just east of Matthews Indian
Trail Road, just west of US Hwy 74, and just south of Stallings Road in Union
County, North Carolina. It can be found on the Matthews, NC USGS
Topographic Quadrangle Map; latitude is 35.0921 N, longitude is-80.6742 W.
The site is a mosaic of land use characterized by several private home sites with
lawns and landscaping, small outbuildings, and gravel driveways and access
roads; a small restaurant and parking lot; expansive disturbed and partially rough
graded and excavated land adjacent to the Hwy 74 corridor and new Monroe
Expressway construction; abandoned old fields and pastureland in varying
stages of succession; old farm roads and fencerows; and a small creek corridor
with narrow buffer. The topography is moderately sloped with the elevation
ranging from 690 to 750 ft. (Figure 1).
Figure 1:
7 T
fir• - NORTH FORK
i � - CROOKLOCRCEK
CP
FIr JJRE NO. I GATEWAY COMMONS Drawn By: I Reviewed By!
h A Jr— ri I'll I IJr— Co., .NC I IRN I -SR
7
DATE.
U SGS MAP
-WATERS OF THE U.S. 2/t5M
EXISTING CONONTOIS STUDY
SUBJECT TO LrACE VERMCATION
Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC.
Gateway Commons - Threatened /Endangered /Protected Species Evaluation
METHODOLOGY:
The US Fish and Wildlife Service website
https://www.fws.gov/raleigh/species/cntylist/union.htmI was referenced to
determine the occurrence of Threatened, Endangered and Protected species for
Union County North Carolina, the results of which are listed below (Table 1).
Maps and aerial photographs were assembled, and the site was investigated
during the week of November 19, 2018.
Table 1: Threatened / Endangered / Protected Species listed for
Union County
County: Union, NC
*Source: US Fish & Wildlife Service
**Data search on November 19, 2018
Group Name Status Lead Office
Clams Carolina heelsplitter Endangered
Asheville
(Lasmipona
Ecological
decorata)
Services Field
Office
Flowering Schweinitz's Endangered
Asheville
Plants sunflower
Ecological
(Helianthus
Services Field
schweinitzii)
Office
Flowering Michaux's sumac Endangered Raleigh
Plants (Rhus michauxii) Ecological
Services Field
Office
Birds Bald Eagle Protected under the Great Lakes-
(Haliaeetus Bald and Golden Big Rivers
leucocephalus) Eagle Protection Act Region (Region
3)
Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC.
Gateway Commons - Threatened /Endangered /Protected Species Evaluation
Two plant species with federal protection are listed as potentially occurring in
Union County:
• Schweinitz's Sunflower (Helianthus schweinitzii), listed as Federally
Endangered, is typically found in open habitats which historically have
been maintained by wildfires and grazing bison and elk herds. Now most
occurrences are limited to roadsides, woodland and field edges, and utility
rights -of -way (ROW).
• Michaux's Sumac (Rhus michauxii), listed as Federally Endangered,
requires habitat of sandy forests and woodland edges. This species
requires periodic fire as a part of its ecology.
Two animal species with federal protection are listed as potentially occurring in
Union County:
• Bald Eagle (Haliaeetus leucocephalus), protected by the Bald and
Golden Eagle Protection Act, typically inhabits forested areas near large
bodies of open water such as lakes, marshes, seacoasts and rivers,
where there are suitable fish populations and tall trees for nesting and
roosting.
• Carolina Heelsplitter (Lasmigona decorata), listed as Federally
Endangered, is restricted to cool, clean, well -oxygenated water. Stable,
silt- free stream beds are required for this species. Typically, stable areas
occur where the stream banks are well -vegetated with trees and shrubs.
RESULTS:
The site is a mosaic of land use. There are several private home sites along
Stallings Road and Matthews Indian Trail Road with large lawns and
landscaping, small outbuildings, and gravel driveways and access roads. Also
on Stallings Road is a small restaurant and parking lot; and large gravel lot for
construction staging and storage. There is expansive disturbed and partially
rough graded and excavated land adjacent to the Hwy 74 corridor and new
Monroe Expressway construction. There is an adjacent pine dominated
successional woodlot. The southeastern portion of the site has old fields and
pastureland in varying stages of succession; old farm roads and fencerows; a
wooded slope with old homesite rubble and a small creek corridor with a narrow
wooded buffer.
Much of the roadside along Stallings Road has been highly disturbed from
ongoing road construction. Remaining roadside habitat along Stallings and
Matthews Indian Trail Road is partly landscaped turf lawn, and partly semi -open
weedy vegetation along old fence lines. There is a small overhead power line
Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC.
Gateway Commons - Threatened /Endangered /Protected Species Evaluation
along Matthews Indian Trail Road, and the right -of way area is maintained by
periodic mowing.
The rough graded and excavated area on the northeastern section of the site is
highly disturbed and is covered with access roads, open cuts, and exposed,
eroded base soils and saprolite. Vegetation is somewhat sparse with young
pines, grasses and Lespedeza dominating. Some of the lesser disturbed areas
and perimeters are covered with brush and debris piles and extensive bramble
thickets dominated by Blackberry (Rubus sp.), Multiflora Rose (Rosa multiflora),
Chinese Privet (Ligustrum sinense), Winged Sumac (Rhus copallina), Catbrier
(Smilax spp.), and Japanese Honeysuckle (Lonicera japonica).
The adjacent wooded area to the west is pine dominated with Shortleaf Pine (P.
echinata), Loblolly Pine (P. taeda), Virginia Pine (P. virginiana), and mixed
hardwood trees including Sweetgum (Liquidambar styraciflua), Yellow Poplar
(Liriodendron tulipifera), White Oak (Quercus albs), Post Oak (Q. stellata), Black
Cherry (Prunus serotina), Eastern Red Cedar (Juniperus virginiana), and Black
Gum (Nyssa sylvatica).
Semi -open old fields, interior dirt roads, and transitional fringe along the edges of
the woods and fence lines are dominated by common and weedy species
including Groundsel Tree (Baccharis haliminifolia), Callery Pear (Pyrus
calleryana), Hawthorne (Crataegus sp.), Johnson grass (Sorghum halepense),
Sericea Lespedeza (Lespedeza cuneata), Brazilian Vervain (Verbena
brasiliense), Sourgrass (Rumex acetosella), Cocklebur (Xanthium strumarium),
Ragwort (Packers sp.), Ragweed (Ambrosia sp.), Wingstem (Verbesina
alternifolia), Goldenrod (Solidago sp.), and Dogfennel (Eupatorium capillifolium).
Trees present on the small wooded slope and narrow stream buffers include Red
Oak (Q. rubra), Southern Red Oak (Q. fa/cats), Willow Oak (Q. phellos),
Mockernut Hickory (Carya tomentosa), Shagbark Hickory (C. ovata), Hackberry
(Celtis laevigata), White Ash (Fraxinus americana), American Elm (Ulmus
americana), and Cottonwood (Populus deltoides).
There is a notably large Willow Oak on the top of the wooded slope near an old
homesite foundation and rubble pile. A formal measurement was not taken, but
the estimated diameter at breast height (DBH) is 6 feet.
Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC.
Gateway Commons - Threatened /Endangered / ProtectedSpecies Evaluation
Threatened & Endangered/Protected Species Results
• All potential habitats for Schweinitz's Sunflower and Michaux's Sumac
along the wood lines, roadsides, and field edges were closely examined.
No individuals of Schweinitz's Sunflower or Michaux's Sumac were
observed.
• There is no Bald Eagle habitat on site, and no eagles or eagle's nests
were observed.
• There is no suitable habitat on site for Carolina Heelsplitter. No mussels
were observed during the survey nor would any be expected on -site.
RECOMMENDATIONS:
Based on the site investigation and the review of available data, WEPG did not
identify any protected species occurring on the subject property. No further
investigation of the presence of protected species on this site is recommended at
this time.
Respectfully submitted,
4'-, # 1*e�l
Lisa R. Gaffney
Biologist
November 26, 2018
Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC.
Gateway Commons - Threatened /Endangered /Protected Species Evaluation
Curriculum Vitae for:
Lisa R. Gaffney
Biologist / Botanist
B.S. Biology, University of North Carolina at Charlotte
Ms. Gaffney is a classically trained botanist and natural resource biologist, and
has conducted field work and investigative studies covering thousands of
cumulative acres in both North and South Carolina since 1996, including:
• Cabarrus County NC Natural Heritage Inventory 1997-1998. Organized,
directed, and worked in field survey of natural areas in Cabarrus County
for the North Carolina Natural Heritage Program.
• Lincoln County NC Natural Heritage Inventory 2000-2001. Organized,
directed, and worked in field survey of natural areas in Lincoln County for
the North Carolina Natural Heritage Program.
• Threatened and Endangered Species Surveys and Natural Communities
Evaluation for over 45,000 acres in North and South Carolina, 1996 -
present.
• Located and identified at least six previously unreported populations of
Federally Endangered Schweinitz's Sunflower (Helianthus schweinitzii).
• Located and identified four previously unreported populations of
Threatened Dwarf Heartleaf (Hexastylis naniflora).
• Located a previously unknown population of Federally Endangered
Schweinitz's Sunflower at Redlair Farm in Gaston County, NC. This
discovery led (in part) to the purchase of the site by the State of North
Carolina Plant Conservation Program, now called Redlair Preserve. This
population has become a Recovery Site for the species.
• Participated in numerous Piedmont Prairie restoration projects in
Mecklenburg, Union, Cabarrus and Gaston Counties, North Carolina.
Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC.
Gateway Commons - Threatened / Endangered / Protected Species Evaluation
Figure 2: VICINTIY MAP
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2
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EXISTING CONDITIONS STUDY
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SUBJECT TO USACE VERfF1CAPON
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N
Drawn By: Reviewed By:
NRN LSR
DATE:
2/15/18
Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC.
Gateway Commons - Threatened /Endangered /Protected Species Evaluation
Figure 3: USGS MAP
H FO R
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FIGURE NO.
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Union Co., NC
3
IIJSGS MAP
-WATERS OF THE U.S.-
E7 XISCONDITIONS STUDY
+ +
SUMECT TO USRCE VERIFIC4TICN
Drawn By: Reviewed By:
NRN LSR
DATE:
2/15/19
Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC.
Gateway Commons - Threatened / Endangered / Protected Species Evaluation
Figure 4: AERIAL MAP
k i•
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y
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FIGURE Na GATEWAYCOMMONS Drawn By: Revie.redBy:
4 union Co., NC NRN LSR
AERIAL AP DATE:
MAP
2f15j1$
-WATERS OF THE U.S.-
EXISTING CONDITIONS STUDY
Sda8 ECT TO USACEINCDEQ VERIFICATION
'G to
Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC.
Gateway Commons - Threatened / Endangered / Protected Species Evaluation
Figure 5: PUBLISHED SOIL MAP
Map Unit Symbol
Map Unit Name
Acres in ADI
APB
Appling santly Ism. 2 W 8
percent slopes
<n a
At9
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is 8 percent slopes
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34
Totals (or Ama of Interest
67.3
FIGURE NCL GATEWAY COMMONS
j4 %C ['] f" I Union Co., NC
MRCS PUBLISHED SOILS MAP
-WATERS OF THE U.S.-
EXISTING CONDITIONS STUDY
SdaE EC7 7O USACEINCDE4 VERIF�CADON
Percent of ADI
rc)
J°,
184.4°•0 .
Drawn By: Reviewed By:
NRN LSR
DATE:
2/15/18 f
WEPG 11
Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC.