HomeMy WebLinkAbout20191512 Ver 1_PCN Form Submission_20200130DWR
mrlslon of Water Resources
Pre -Construction Notification (PCN) Form
September 29, 2018 Ver 3
Initial Review
Has this project met the requirements for acceptance in to the review process?*
r Yes
r No
Is this project a public transportation project?*
G Yes IT No
Change only if needed.
BIMS # Assigned
20191512
Is a payment required for this project?*
IT No payment required
r Fee received
r Fee needed - send electronic notification
Select Project Reviewer*
Alan Johnson:eads\adjohnson1
Information for Initial Review
1a. Name of project:
Village at Rocky River
1a. Who is the Primary Contact?*
Nicholas Parker
1b. Primary Contact Email:*
nrparker@amicuseng.com
Date Submitted
1 /30/2020
Nearest Body of Water
Bearskin Creek
Basin
Yadkin-PeeDee
Water Classification
C
Site Coordinates
Latitude: Longitude:
34.990132-80.610546
A. Processing Information
County (or Counties) where the project is located:
Union
Is this project a public transportation project?*
r Yes r No
1a. Type(s) of approval sought from the Corps:
W Section 404 Permit (wetlands, streams and waters, Clean Water Act)
r Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
1b. What type(s) of permit(s) do you wish to seek authorization?
* Nationwide Permit (NWP)
* Regional General Permit (RGP)
7 Standard (IP)
Version#*
1
Reviewing Office*
Mooresville Regional Office - (704) 663-1699
1c. Primary Contact Phone:*
(704)902-5771
U
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:
W 401 Water Quality Certification - Regular
r Non-404 Jurisdictional General Permit
r Individual Permit
14 - Linear transportation
le. Is this notification solely for the record because written approval is not required?
For the record only for DWR401 Certification:
For the record only for Corps Permit:
F 401 Water Quality Certification - E)press
F Riparian Buffer Authorization
1f. Is this an after -the -fact permit application?*
r Yes r No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
r Yes r No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
r Yes r No
Acceptance Letter Attachment
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?
r Owner W 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:
Harris Teeter Properties, LLC a North Carolina LLC
2b. Deed book and page no.:
3830/784
2c. Responsible party:
Harris Teeter Properties, LLC
2d.Address
Street Address
701 Crestdale Road
Address Line 2
City
Matthews
Postal / Zip Code
28105
2e. Telephone Number:
(704)844-3100
2g. Email Address:*
rclink@amicuseng.com
3. Applicant Information (if different from owner)
State / Province / Region
NC
Country
USA
2f. Fax Number:
r Yes r No
r Yes r No
3a. Name:
Nicholas Parker
3b. Business Name:
Green Street Land Co., LLC
3c.Address
Street Address
5615 Potter Road
Address tine 2
City
Mathews
Postal / Zip Code
28104
3d. Telephone Number:
(704)902-5771
3f. Email Address:*
nrparker@amicuseng.com
4. Agent/Consultant (if applicable)
4a. Name:
Nick Creidler
4b. Business Name:
Headwater Environmental, Inc.
4c.Address
Street Address
1844 Sir Tyler Drive
Address tine 2
City
Wilmington
Postal / Zip Code
28405
4d. Telephone Number:
(910)777-8386
4f. Email Address:*
nick@headvraterenvironmental.com
Agent Authorization Letter*
64f.Agent Authorization Letter.pdf
State / Province / RZ gion
NC
Country
USA
3e. Fax Number:
State / Province / Region
NC
Country
New Hanover
4e. Fax Number:
73.4KB
C. Project Information and Prior Project History C^U
1. Project Information
1b. Subdivision name:
(d appropriate)
Village at Rocky River
1c. Nearest municipality/ town:
Monroe
2. Project Identification
2a. Property Identification Number:
2b. Property size:
09348013A;09348013B
55.07
2c. Project Address
Street Address
Rocky River Road
Address tine 2
City
State / Province / Region
Monroe
NC
Postal / Zip Code
Country
28110
Union
3. Surface Waters
3a. Name of the nearest body of water to proposed project:*
Bearskin Creek
3b. Water Resources Classification of nearest receiving water:*
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.
030401050501
4. Project Description and History
4a. Describe the existing conditions on the site and the general land use in the vicinityof the project at the time of this application:*
The site is currently wooded. Three wetland areas and one stream are located on site. Wetland A is located on the northern portion of the site. Wetland B is located on the southern
portion of the site, abutting Stream A. Stream A has intermittent flow and drains off -site to the northwest. According to Monroe Code of Ordinances, Code §158.06, a 50-foot vegetative
buffer is required along Stream A. Wetland C is located on the central portion of the site. Several mounds of dirt and vegetative debris are located throughout Wetland C. A relic logging
access road severes connection between Wetland A and C. The wetland and stream locations were verified by the U.S. Army Corps of Engineers on November 27, 2018 (SAW-2006-
40743).
The site is situated in a developing area of Union County. An elementary school is located north of the site. Wooded land, agricultural land, and dwellings are located east of the site.
Weddington Road bounds the site to the south followed by a church. North Rocky River Road bounds the site to the west. Wooded and agricultural land are located further west.
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
4c. If yes, please give the DWR Certification number or the Corps Action ID (exp. SAW-0000-00000).
SAW-2006-40743
Project History Upload
SAW-2006-40743 (signed PJD)-signed.pdf
614.67KB
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)
C4d.Topo Map.pdf
878.56KB
4e. Attach an 8 1/2 X 11 excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. (for DWR)
C4e.Printed Soil Map.pdf 1.29MB
4f. List the total estimated acreage of all existing wetlands on the property:
1.67 acres
4g. List the total estimated linear feet of all existing streams on the property:
950 feet
4h. Explain the purpose of the proposed project:*
The proposed project involves construction of a residential subdivision consisting of single-family homes. As the population of Union County continues to grow, new affordable housing
accommodations are needed to keep up with an increasing population. The proposed subdivision is designed to accommodate and attract middle income families. Access to the
proposed subdivision shall be located on the north site of Weddington Road and on the east side of North Rocky River Road.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:*
The proposed project includes development of a 184-lot residential subdivision consisting of single-family homes. A community center and pool shall be located on the central portion of
the site. Minor impacts are proposed at Wetland Area A. The proposed residential development w01 avoid Wetland Areas B, C, and Stream A. There will be two access points to the
proposed subdivision. The access roads will extend north from Weddington Road and east from North Rocky River Road, respectively.
Proposed development of an improved road on the northern portion of site vdll result in 0.084 acre of wetland impacts. The proposed road crossing shall provide neighborhood
continuity and access to residential units. A stormweter BMP is designed on the west side of Wetland Area A. 24" reinforced concrete pipe (RFP) shall be used to convey stormwater
from the proposed development to the BMP. The RFP piping will discharge directly to the BMP. The BMP shall discharge to an 18" RCP that will be tied in to existing stormwater
infrastructure associated with the adjacent school to the north.
Timbering of the site will utilize heavy machinery and chainsaws to clear the project areas for development. Bulldozers, backhoes, and excavators will be used in the grading of the site,
building of the BMPs, and other aspects associated with the development of a residential subdivision. Additionally, pick-up trucks will be utilized on site by contractors and construction
workers.
4j. Please upload project drawings for the proposed project.
Survey and Former Site Plans.pdf 663.82KB
Site Plans.01-22-2020.Wetlands Exhibit Maps.pdf 691.93KB
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
r Yes
r No
Comments:
Wetland delineation completed by Headwater Environmental in September 2018.
5b. If the Corps made a jurisdictional determination, what type of determination was made?*
r Preliminary r- Approved r Not Verified r Unknown r- N/A
Corps AID Number:
SAW-2006-40743
r- Unknown
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company:
Other:
Paul Pascarosa; Nick Creidler
Headwater Environmental, Inc.
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
PJD (SAW-2006-40743) issued by Bryan Roden Reynolds of the USACE on November 27, 2018.
Site visit with Alan Johnson, November 26, 2018.
5d1. Jurisdictional determination upload
SAW-2006-40743 (signed PJD)-signed.pdf 614.67KB
6. Future Project Plans
6a. Is this a phased project?*
r Yes C No
7b. If yes, explain.
Development of the residential subdivision vtll consist of three (3) phases. By building in phases, the developer is managing their budget by ensuring completed houses sell before they
invest in building new houses within the proposed subdivision.
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):
W Wetlands f Streams -tributaries
r Open Waters r Pond Construction
2. Wetland Impacts
r Buffers
!a. Site #* (?) 2a1 Reason (?) 2b. Impact type * M �2�e of W. 2d. W. name * 2e. Forested * 2f. Type of 2g. Impact
Jurisdicition*M area*
_11
t
d A Street P Pine Flat Wetland A Yes Corps 0.084
(acres)
C^U
2g. Total Temporary Wetland Impact 2g. Total Permanent Wetland Impact
0.000 0.084
2g. Total Wetland Impact
0.084
2h. Comments:
Permanent wetland impacts are associated with fill needed to build a road on the northern portion of the site. The road shall provide neighbor
continuity for the eastern and western portions of the subdivision. The proposed road will ease vehicle traffic on other streets within the development.
E. Impact Justification and Mitigation v
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
The current site plans were designed to specifically to avoid and minimize impacts to Waters of the U.S.
In 2006, the USACE determined there were no Waters of the U.S. within the site boundary (same action ID as current JD). In August 2018, site plans
were designed based around the 2006 JD. Therefore, the original site plans for this project were designed without regard to wetland resources.
After a preliminary site reconnaissance by the permittee, potential Waters of the U.S. were observed. Headwater was retained to perform a wetland
delineation in September 2018. We identified and mapped 1.69 acres of wetland and 950 feet of stream. The wetland delineation was approved by the
Army Corps of Engineers on November 27, 2018.
Therefore, in retrospect, the original site plans included over 1.5 acres of wetland impacts, and approximately 100 feet of stream impacts. Streets and
residential lots were located through Wetland Areas A, B and C, plus a road crossing was designed through Stream A and its associated 50-foot
buffer. A third access point to the subdivision was located on the east side of Rocky River Road.
In August 2019, the site plans eliminated the stream crossing, altered the road design, and minimized lot size. These site plans depicted a residential
lot and a stormwater BMP throughout Wetland Areas A. The stormwater BMP was added to the northern portion of the site, within the footprint of
Wetland A. This area was originally selected due to its lower topographic position (i.e. water flows downhill). Permanent impacts to Wetland Area A
were minimized to 0.44-acre. In addition to payment into a mitigation bank, a proposition was made to restore Wetland C which included removing relic
fill material, restoring the disturbed area to grade, and planting native species. After review of mitigation options and potential restoration efforts,
further avoidance and minimization efforts were implemented.
The current site plans relocated the proposed BMP to the west of Wetland Area A, and open green space acreage was reduced to accommodate for
residential lots. Wetland impacts have been limited to a single road crossing. The proposed project has minimized wetland impacts to a total of 0.084-
acre. The permanent wetland impacts are to allowfor a road that connects lots on the northern portion of the site. A mitigation plan has been
eliminated from this proposed action since total impacts are less than 0.10-acre.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Silt fencing will be installed prior to construction along the perimeter of the wetlands and stream to minimize sedimentation into these resources.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State?
r Yes r No
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
Permanent wetland impacts are less than 0.10-acre. Therefore, compensatory mitigation is not required.
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 f• No
If no, explain why:
City of Monroe buffers apply to the intermittent stream. Monroe Code of Ordinances, Code §158.06
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?*
r Yes r 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
2d. Which of the following stormwater management program(s) apply:
W Local Government r State
Local Government Stormwater Programs
W Phase II r NSW r USMP r Water Supply
Please identify which local government stormwater program you are using.
Plan to be submitted to City of Monroe by developer.
Comments:
Stormwater management plan will be submitted to City of Monroe for review.
G. Supplementary Information
1. Environmental Documentation
1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?*
r Yes r No
2. Violations (DWR Requirement)
2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or
Riparian Buffer Rules (15A NCAC 2B .0200)? *
r Yes r No
3. Cumulative Impacts (DWR Requirement)
3a. Will this project result in additional development, which could impact nearby downstream water quality?*
r Yes r No
3b. If you answered "no," provide a short narrative description.
The site surrounded by a school to the north, private land to the east, a church and gas station to the south, and a road followed by agricultural land
to the west. Additional development is not anticipated.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
r Yes r Nor NIA
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.
City sewer services
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
Sc. If yes, indicate the USFWS Field Office you have contacted.
Asheville
5d. Is another Federal agency involved?*
r Yes r No r Unknown
5e. Is this a DOT project located within Division's 1-8?
r Yes r No
5f. Will you cut any trees 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
Si. 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?
Headwater performed a Biological Assessment of the site, refer to attachment.
Consultation Documentation Upload
G5.Village.Biological Assessment.pdf 729.16KB
G5.Village.Biological Assessment.pdf 729.16KB
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?*
NOAA Essential Fish Habitat Mapper
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 f• No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?*
North Carolina State Historic Preservation Office HPOWEB GIS Service
7c. Historic or Prehistoric Information Upload
G7c.SHPO Map.pdf 599.81<6
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year flood plain?*
f Yes G No
8c. What source(s) did you use to make the floodplain determination?*
FEMA Online Flood Service Center: Map Panel # 3710541500J dated October 16, 2008.
Miscellaneous U
Comments
Miscellaneous attachments not previously requested.
Signature U
W 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 AGC);
• 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:
Nicholas Creidler
Signature
�e444Wd at&l/5t
Date
1 /30/2020
Jurisdictional Determination Request
UNNOMMMMEN
D. PROPERTY ACCESS CERTIFICATION','
By signing below, I authorize representatives of the Wilmington District, U.S. Army Corps of
Engineers (Corps) to enter upon the property herein described for the purpose of conducting on -
site investigations, if necessary, and issuing a jurisdictional determination pursuant to Section
404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. 13 the
undersigned, am either a duly authorized owner of record of the property identified herein, or
acting as the duly authorized agent of the owner of record of the property.
Print Name Additionally, by signing this document, I
Capacity: ❑✓ Owner ❑Authorized Agents authorize Headwater Environmental, Inc. to
c7 �1e %Z serve as my agent regarding the wetland
Date
Si
assessment.
E. REASON FOR Jll REQUEST: (Check as many as applicable)
❑ I intend to construct/develop a project or perform activities on this parcel which would be
Q
'gned to avoid all aquatic resources.
1 intend to construct/develop a project or perform activities on this parcel which would be
designed to avoid all jurisdictional aquatic resources under Corps authority.
❑ I intend to construct/develop a project or perform activities on this parcel which may
require authorization from the Corps, and the JD would be used to avoid and minimize
impacts to jurisdictional aquatic resources and as an initial step in a future permitting
process.
❑ I intend to construct/develop a project or perform activities on this parcel which may
require authorization from the Corps; this request is accompanied by my permit application
and the JD is to be used in the permitting process.
❑ I intend to construct/develop a project or perform activities in a navigable water of the
U.S. which is included on the district Section 10 list and/or is subject to the ebb and flow of
the tide.
❑ A Corps JD is required in order obtain my local/state authorization.
I intend to contest jurisdiction over a particular aquatic resource and request the Corps
confirm that jurisdiction does/does not exist over the aquatic resource on the parcel.
❑ I believe that the site may be comprised entirely of dry land.
❑ Other:
For NCDOT requests following the current NCDOT/USACE protocols, skip to Part E.
If there are multiple parcels oNNned by different parties, please provide the following for each additional parcel on a
continuation sheet.
s Must provide agent authorization form/letter signed by owner(s).
Version: May 2017 Page 3
SOURCE:FIGURE 1LOCATION MAP
Date:9/14/2018
Prepared by:NJC
USGS
7.5-Minute Topographic Quadrangle
Monroe, North Carolina (1989)
Controur Interval = 10 feet
0 2,000 4,0001,000
Feet
Harris Teeter Site
North Rocky River Road
Monroe, North Carolina
HEnv Project # 2018106A
Legend
Site boundary
1 inch = 2,000 feet
SOURCE:FIGURE 2ARCHIVED SOIL SURVEY MAP
Date:9/27/2018
Prepared by:NJC
Natural Resources Conservation
Service (NRCS)
Archived Soil Survey
Union County, North Carolina (1996)
Harris Teeter Site
North Rocky River Road
Monroe, North Carolina
HEnv Project # 2018106A
Legend
Site boundary
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Checked By:Project Number:Drawn By:Date:Revisions:NRPJLM17-17-23001.22.2020AMICUS PARTNERS, PLLC P-119130 South Union StreetConcord, NC 28025P-1191 704.573.1621Wetlands "A" DisturbanceOverall Exhibit MapVillage at Rocky RiverSeal:Sheet:C-0.0NOT FORCONSTRUCTIONORRECORDATIONEXHIBITMAP ONLYWETLANDS "A"3,659 SF/0.084 AC. PERMANENT IMPACTWETLAND "A" IMPACT DUE TOFILL ASSOCIATED WITH ROAD CROSSINGWETLANDS "A" - 25,980 SF/0.596 ACWETLANDS "B"35,326 SF/0.811 AC.NO IMPACTINT. STREAMWETLANDS "C"11,602 SF/0.266 AC.NO IMPACT
18" RCPCB-2024" RCPCB-22CB-1924" RCPCB-18CB-17DCB-1630" RCP30" RCP30"
RCPJB-272
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30" RCP40.0'20.0'Checked By:Project Number:Drawn By:Date:Revisions:NRPJLM17-17-23001.22.2020AMICUS PARTNERS, PLLC P-119130 South Union StreetConcord, NC 28025P-1191 704.573.1621Wetlands "A" DisturbanceExhibit MapVillage at Rocky RiverSeal:Sheet:C-0.1NOT FORCONSTRUCTIONORRECORDATIONEXHIBITMAP ONLYWETLANDS "A"3,659 SF/0.084 AC. PERMANENT IMPACTWETLAND "A" IMPACT DUE TOFILL ASSOCIATED WITH ROAD CROSSINGWETLANDS "A" - 25,980 SF
Checked By:Project Number:Drawn By:Date:Revisions:NRPJLM17-17-23001.22.2020AMICUS PARTNERS, PLLC P-119130 South Union StreetConcord, NC 28025P-1191 704.573.1621Wetlands "A" DisturbanceCross SectionVillage at Rocky RiverSeal:Sheet:C-0.2NOT FORCONSTRUCTIONORRECORDATIONEXHIBITMAP ONLY
September 10, 2019
1:28,890
❑ 0.28 0,55 11 mi
NR Paints
SLHD Center Point
r NR Individual Listing
0 0.42 0.85 1.7 km
SLDOE HD Center Point
NR Listing, Gone
5L boundaries
* N R H D Center Point
Study List Boundary
NR Boundaries
Both 5L and Determined Eligible Boundary
❑National Register Boundary
DOE Points
❑Boundary of DestroyedARemoved N R Listing
A Determined E ligibie
SL Points
A DOE, Gone
SL Individual Entry
-" 5L and DOE
1 SL and DOE entry
SL and DOE, Gone
NC Cenler for G eographic Ininrmation &Analysis
� Study List Entry, Gone
DOE HD Center Paint
SL and DOE, Gone
SLD0EHD Center Point
PCN Application Attachment
Village at Rocky River
Headwater Project 2018106A2
1
Section G5: Review of endangered species and designated critical habitat
Headwater conducted a multiple site visits in September and November 2018, January 2019, and
October 2019. The site was clearcut in the early 1990s, and subsequently planted with short leaf
pine. The site has been managed as timberland during the past 27 to 28 years. The understory
is routinely bushogged and maintained. Currently, the understory is comprised of 3 to 4-year
growth and consists of assorted herbaceous and shrub/sapling species.
As previously discussed in Section Ci, three wetland systems and stream are located within the
site boundary.
In general, the site can be divided into three separate habitat areas:
Managed pineland
The majority of the site is managed pineland. The shortleaf pine trees (Pinus enchinata)
are approximately 30 years old. There is no mid-canopy. The understory is somewhat
dense and is comprised of assorted shrubs, saplings, and herbaceous species. Species
observed include, but are not limited to, Chinese privet (Ligustrum sinense), black cherry
(Prunus serotina), black ash (Fraxinus nigra), pokeweed (Phytolacca Americana), stinking
chamomile (Anthemis cotula), tall beggarticks (Bidens vulgate), and blackberry (Rubus
argutus).
PFO Wetland
Forested wetlands are located on the central and northern portions of the site. The
shrubs/sapling layers are light within the forested wetland area. Herbaceous species are
fairly dense within the Wetland Area A. Species observed within the forested wetland
areas include shortleaf pine, red maple (Acer rubrum), sweet gum (Liquidambar
styraciflua), groundsel tree (Baccharis halimifolia), soft rush (Juncus effuses), common
thresquare (Schoenoplectus pungens), slender woodoats (Chasmanthium laxum), and
various sedges (Carex spp.). Wetland Area C is a sparsely vegetated concave surface
with a peripheral of water oak (Quercus nigra), sweetgum and mockernut hickory (Carya
tomentosa). The upper reach of Wetland A is seasonally saturated. The remainder of
Wetland A and all of Wetland C are seasonally inundated with several inches of water,
This seasonal inundation is primarily due to poor surface water management by the
timbering activity and adjoining property to the north.
Narrow Riparian Corridor and PSS Wetland
An intermittent stream is located on the southern portion of the site. The stream flows off-
site to the southeast and is a tributary of Bearskin Creek. The narrow riparian corridor is
comprised of assorted trees and scrub/shrub vegetation extending approximately 15 feet
horizontally along the stream bank. Species observed include red maple, short leaf pine,
water oak, wax myrtle (Morella cerifera), sweet gum, box elder (Acer negundo), Chinese
privet (Ligustrum sinense), greenbriar (Smilax rontundifolia), and muscadine grape (Vitus
rontundifolia). In the fall and winter, the perennial stream has a steady flow and is tannin
rich. The stream receives sediment from the adjacent agricultural fields. Habitat for
assorted macrobenthic organisms, minnows, and amphibians is minimal.
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Village at Rocky River
Headwater Project 2018106A2
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FEDERALLY LISTED SPECIES
There are seven species listed by the USFWS in Union County, North Carolina:
Name Scientific Name Taxonomic Group Federal Status
Carolina heelsplitter Lasmigona decorata Clam E
Atlantic pigtoe Fusconaia masoni Clam PT
Schweinitz's sunflower Helianthus schweinitzii Flowering Plant E
Michaux's sumac Rhus michauxii Flowering Plant E
Ravine sedge Carex impressinervia Flowering Plant UR
Tricolored bat Perimyotis subflavus Mammal UR
E: Endangered; UR: Potential Threatened; UR: Under Review
Species Description
Carolina heelsplitter (Lasmigona decorata)
The Carolina heelsplitter is a freshwater mussel with an ovate, trapezoid-shaped shell, growing
up to 4.6 inches in length. The outer surface of the shell varies from greenish brown to dark brown
in color, and shells from younger specimens have faint greenish brown or black rays. The nacre
(inside surface) is often pearly white to bluish white, grading to orange in the deepest part of the
shell. Historically, the Carolina heelspliter was found throughout the Catawba and Pee Dee River
systems.
The Carolina heelsplitter habitat requires cool, clean, well-oxygenated water with stable, silt-free
stream bottoms. Typically, stable areas occur where the stream banks are well-vegetated with a
mature forested canopy and shrubs. It is not known to inhabit narrow stream less than 5 feet in
width. The Carolina heelsplitter inhabits larger order low gradient creeks with available sections
of pooling.
Atlantic pigtoe (Fusconaia masoni)
The shell of the Atlantic pigtoe is a chunky, rhombus shape, like that of a pig’s hoof/toe. There is
a distinct posterior ridge. The outer surface of the shell is yellow to dark brown and parchment-
like, while the inner layer is iridescent blue to salmon, white, or orange. Although larger specimens
exist, the Atlantic pigtoe rarely exceeds two inches in length. Young individuals may have
greenish rays across the entire shell surface. When collected fresh, the interior surface (nacre) in
the shell tends to be salmon colored and sometimes iridescent. Atlantic pigtoe has interlocking
hinge “teeth” on the inside of the shell to help keep the two valves in proper alignment.
The preferred habitat of the Atlantic pigtoe is coarse sand and gravel, and rarely in silt and detritus.
Historically, the best populations existed in small creeks to larger rivers with excellent water
quality, where flows were sufficient to maintain clean, silt-free substrates. The Atlantic pigtoe rely
on host fish for successful reproduction. Each mussel species has specific fish species (host fish)
that are needed by the glochidia to keep growing to ultimately transform into juveniles. After a few
weeks of living as parasites, they drop off and land on the river bottom where they grow into
adults. Atlantic pigtoe are tachytictic (short term breeders) that usually release their larvae by July
or August.
PCN Application Attachment
Village at Rocky River
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Schweinitz's sunflower (Helianthus schweinitzii)
This plant is a perennial herb that produces solitary stem, five to six feet tall, and bears yellow
flower heads in late summer and early autumn. It occurs within clearings in upland oak-pine-
hickory woods and piedmont longleaf pine forests in moist to mostly dry sandy loams. This species
requires full to partial sun of an open habitat. This habitat is historically associated with areas that
experience wildfires and grazing by herds of bison and elk. Now, most occurrences are confined
to roadsides and powerline clearings.
Michaux's sumac (Rhus michauxii)
This plant is a low-growing, densely hairy, dioecious scrub. It is usually between one and three
feet in height. The leaves are pinnately compound with seven to 13 leaflets that are coarsely
toothed. The female plants produce erect clusters of greenish-yellow to white flowers with four to
five parts, and conspicuous red drupes. It generally flowers from April to June and fruits persist
from August through September or October. Many populations do not contain plants of both
sexes. Michaux's sumac occurs in sandy or rocky open woods, sometimes in association with
circumneutral soils. In the eastern Piedmont, it occurs on sand soils derived from granite. In the
central Piedmont, it occurs on clayey soils derived from mafic rocks. In all of its habitats, Rhus
michauxii is dependent upon some form of disturbance to maintain the open quality of its habitat.
Ravine sedge (Carex impressinervia)
The ravine sedge is a perennial, grass-like herb forming dense clumps connected by underground
stems or rhizomes. Flowering stems are 10 - 34 inches tall and yellow-brown. Leaf sheaths are
hairless and greenish-white or light tan. Leaf blades are about ⅛ inch wide and smooth, except
for a hairy mid-vein; the lower part of the leaf is a hairless, pale green or tan sheath encircling the
base of the stem. Old, fibrous leaf bases persist at the base of the plant. The topmost flower spike
is up to 1½ inches long, solitary at the top of the flowering stem, and contains male flowers only.
Lateral flower spikes are up to 1¾ inches long, with both female and male flowers, 2 - 4 spikes
per stem, and are held below the male-flowered spike on the same stem; each spike with 5 - 11
fruits. The fruit body is about ⅛ inch long with a short, bent stalk and sharply bent tip, tightly
enclosed in a 3-sided, heavily veined sac.
Ravine sedge occurs in vegetatively diverse moist to wet deciduous forests. It is usually found on
gentle slopes above and in the floodplains of small streams, usually in areas with mafic (rich in
magnesium and iron) or slate bedrock
Tricolored bat (Perimyotis subflavus)
The tricolored bat, formerly known as the eastern pipistrelle, is a small bat weighing 5 to 8 grams
and has a wingspan of 8 to 10 inches. The term “tricolored” refers to the bat’s yellowish-brown
coat that is dark at the base, yellowish-brown in the middle, and dark at the tips. The wing
membranes are blackish, but the face and ears have a pinkish color. An obvious identifying
characteristic of this species is the pink color of the skin on the radius bone.
Tricolored bats are associated with forested landscapes, along waterways. They can also be
found over water and adjacent to water edges. In South Carolina, sparse vegetation and early
successional stands were found to be the best predictor of foraging habitat use by tricolored bats.
These bat primarily feeds over water and forest edges. Mature stands of deciduous trees, along
perennial streams, are preferred by this species. They can also rely on farm ponds and other
water sources provide some trees are available in the vicinity, They are not often found in deep
woods, seeming to prefer edge habitats near areas of mixed agricultural use. These bats have
PCN Application Attachment
Village at Rocky River
Headwater Project 2018106A2
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been found to feed on large hatches of grain moths emerging from corn cribs, indicating that they
may be of important agricultural benefit. Hibernation sites are found deep within caves or mines
in areas of relatively warm, stable temperatures. White nose syndrome and habitat loss are the
biggest threats to tricolored bats.
Additional State listed species of concern
Name Scientific Name Taxonomic Group State Status
Smooth sunflower Helianthus laevigatus Flowering plant SC
Eastern creekshell Villosa delumbis Clam SR
SC: Special Concern; SR: Significantly Rare
Correspondence from the North Carolina Wildlife Resources Commission dated December 5,
2019, indicated there are known records of federally listed Scheinitz’s sunflower and state special
concern smooth sunflower (Helianthus laevigatus) near the site, and state significantly rare
eastern creekshell mussel (Villosa delumbis) in the watershed.
Smooth sunflower (Helianthus laevigatus)
This flower is a North American species of sunflower known by the common name smooth
sunflower. It is native to the east-central and southeastern United States
from Georgia to Maryland.
It is a perennial herb up to 220 cm (over 7 feet) tall, spreading by means of underground rhizomes.
Most of the leaves are on the stem rather than crowded around the base, each leaf up to 15 cm
(6 inches) long. Leaves and stems generally have no hairs, and the undersides of the leaves
sometimes appear pale because of a layer of wax on the surface. One plant usually produces 1-
6 flower heads. Each head has 5-10 yellow ray florets surrounding 40 or more yellow disc florets.
Helianthus laevigatus requires high light availability and generally occurs in open areas with shale,
dolomite, limestone, or ultra-mafic, igneous substrates. In Virginia, West Virginia and Maryland,
its habitats include glades and barrens, woodland borders, dry roadsides, and powerline corridors.
In North Carolina and South Carolina, all occurrences are in disturbed areas on slate derived
soils.
Eastern creekshell (Villosa delumbis)
The eastern creekshell is very similar to the Carolina creekshell. The periostracum is yellow to
dark golden brown with green rays. However, the rays of the eastern creekshell are usually broken
instead of continuous. These rays may cover the entire shell or be restricted to the posterior slope.
A dark layer of diatoms and algae may be obscure the true colors of the shell. There are
two pseudocardinal teeth in each valve; however, the posterior tooth in the left valve and the
anterior tooth in the right valve may be vestigial. The lateral teeth are straight and well developed;
two in the left valve and one in the right. Finally, the outer margins of the marsupium in the eastern
creekshell are black; while, the outer margins of the marsupium in the Carolina creekshell are
ivory colored. Preferred habitat for the eastern creekshell consists of small rivers and creeks with
mud or soft sand bottoms, particularly where rich in plant detritus.
HABITAT REVIEW
The on-site stream has intermittent flow, poor riffle-pool systems, and poorly sorted bottom.
Habitat for the Carolina heelsplitter, Atlantic pigtoe, and eastern creekshell is not present on site.
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Village at Rocky River
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Habitat with an open understory and well drained sandy soils preferred by the Schweinitz’s
sunflower and Micheaux’s sunflower is not present on site.
The site is relatively flat. The forest is dominated by pine, and bedrock was not observed on site.
Therefore, habitat for the ravine sedge is not present.
Open areas with exposed rock (such as slate, shale, dolomite, etc.) and full sun are not present
on site. Therefore, habitat for the smooth coneflower is not present.
There is no hibernacula feature present at the site. A relatively open forest habitat is present on
site. However, the site lacks a mature hardwood tree forest (i.e. tree cavities and deciduous leaf
foliage), perennial stream, and open water. Therefore, foraging habitat for the tri-colored bat is
not present.
SITE PHOTOS
Headwater Project #2018106A2
Photograph 1. Managed pineland throughout the site. Photo: October 14, 2019.
Photograph 2. Lower reach of Wetland A (PFO Wetland) on the northern portion of the site,
Photo: September 26, 2018
SITE PHOTOS
Headwater Project #201816A2
Photograph 3. Wetland Area C (PFO) on the central portion of the site. Photo: November 26, 2018
Photograph 4. Wetland Area C (PFO) on the central portion of the site. Photo: October 14, 2019
SITE PHOTOS
Headwater Project #2018106A2
Photograph 5. Intermittent stream located on the southern portion of the site. Photo: September 26, 2018
Photograph 6. Riparian corridor, scrub/shrub wetland. Photo: September 26, 2018