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HomeMy WebLinkAbout20200195 Ver 1_401 Application_20200204Preliminary ORM Data Entry Fields for New Actions SAW — 2019 - 628 BEGIN DATE [Received Date]: 2 O 2 9 5 Prepare file folder ❑ Assign Action ID Number in ORM ❑ 1. Project Name [PCN Form A2a]: 6918 Wilkinson Boulevard 2. Work Type: Private Fv-(] Institutional ❑ Government ❑ Commercial ❑ 3. Project Description / Purpose [PCN Form 63d and 83e]: p The purpose of this project is to develop the property into a multi -family di lop en . 4. Property Owner / Applicant [PCN Form A3 or A4]: KFC Wayford Belmont, LLC; POC: Morris Kaplan 5. Agent / Consultant [PCN Form A5 —or ORM Consultant ID Number]: CWS; POC: Ms. Aliisa Harjuniemi, PWS 6. Related Action ID Number(s) [PCN Form B5b]: SAW-2019-00628 yy t. L 7. Project location - Coordinates, Street Address, and/or Location Description [PCN Form Bib]: iJ 6918 Wilkinson Boulevard 35.248375,-81.025127 8. Project Location -Tax Parcel ID [PCN Form B1a]: 186553, 186555. 186556, 186557, 18655, 186561, 186562. 186563, and 186564 9. Project Location — County [PCN Form A21bj: Gaston 10. Project Location — Nearest Municipality or Town [PCN Farm A2c]: Belmont 11. Project Information —Nearest Waterbody [PCN Form B2a]: Catawba River 12. Watershed / B-Digit Hydrologic Unit Code [PCN Form B2cj: Catawba (HUC 03050103) Authorization: Section 10 ❑ Section 404❑ Section 30 & 404 ❑ Regulatory Action Type: ❑Standard Permit ✓ Nationwide Permit # 14 ❑ Regional General Permit # ❑ Jurisdictional Determination Request ❑Pre -Application Request Unauthorized Activity ❑ Compliance ❑ No Permit Required Revised 20150602 CAROLINA WETLAND SERVICES, INC. 550 E. Westinghouse Blvd. Charlotte, NC 28273 704527-1177 (office) 704527-1133 (fax) To: Ms. Catherine Janiczak Date: January 30, 2020 U.S. Army Corps of Engineers, Charlotte Satellite Office 151 Patton Avenue, Room 208 Asheville, NC 28801 Subject: Pre -Construction Notification Pursuant to Nationwide Permit No. 14 6918 Wilkinson Boulevard Belmont, North Carolina CWS Project No. 2019-0008 Dear Ms. Janiczak, The 6918 Wilkinson Boulevard (also known as The Morris at Belmont) site is approximately 37 acres in extent and is located southeast of the Wilkinson Boulevard and Park Street intersection in Gaston County, North Carolina (Figure 1, attached). KFC Wayford Belmont, LLC has contracted Carolina Wetland Services, Inc. (CWS) to provide Section 404/401 permitting services for this project. An executed Agent Authorization Form is attached (Attachment B). CWS is submitting a Pre -Construction Notification pursuant to Nationwide Permit No. 14 to the U.S. Army Corps of Engineers for proposed permanent impacts to jurisdictional waters of the U.S. associated with developing the property for a single-family residential subdivision. The proposed impact consists of one stream crossing required for ingress and egress. A copy of the PCN application is being provided to the North Carolina Department of Environmental Quality (NCDEQ) with a check of $570 for the 401 Water Quality Certification approval fee. ATTACHMENTS INCLUDED: DESCRIPTION Attachment A - Figures 1-7 Attachment B - Agent Authorization Form Attachment C - Preliminary Jurisdictional Determination SAW-2019-00628 Attachment D - Permit Drawings Attachment E - Protected Species Habitat Assessment Report Attachment F - Property Owner Information Attachment G - Photo a e (Photographs 1-4 Please do not hesitate to contact Aliisa Harjuniemi at 980-259-1222 or aliisa@cws-inc.net should you have any questions or comments regarding this request. Sincerely, Aliisa Harjuniemi, PWS Project Scientist ma" Christine Geist, PWS, CE Principal Scientist Office Use Only: Corps action ID no. DWQ project no. _ Form Version 1.4 January 2009 Pre -Construction Notification (PCN) Form A. Applicant Information 1. Processing 1a. Type(s) of approval sought from the Corps F Section 404 Permit Section 10 Permit 1b. Specify Nationwide Permit (NWP) number: 14 or General Permit (GP) number. 1c. Has the NWP or GP number been verified by the Corps? Yes No 1 d. Type(s) of approval sought from the DWQ (check all that apply): ® 401 Water Quality Certification— Regular Non-404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express Riparian Buffer Authorization le. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: Yes ■ No For the record only for Corps Permit: N Yes N No 1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. Yes kjl No 1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1h below. . Yes ® No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ! Yes j No 2. Project Information 2a. Name of project: 16918 Wilkinson Boulevard 2b. County: Gaston 2c. Nearest municipality / town: Belmont 2d. Subdivision name: N/A 2e. NCDOT only, T.I.P. or state project no: N/A 3. Owner Information 3a. Name(s) on Recorded Deed: Multiple. See Attachment F 3b. Deed Book and Page No. See Attachment F 3c. Responsible Party (for LLC W applicable): N/A 3d. Street address: See Attachment F 3e. City, state, zip: See Attachment F 3f. Telephone no.: POC: Mr. Morris Kaplan, 305-901-2200 3g. Fax no.: N/A 3h. Email address: POC: Mr. Morris Kaplan, mkaplan@livekaplan.com Page 1 of 14 PCN Form — Version 1.4 January 2009 4. Applicant Information (if different from owner) 4a. Applicant is: ,pl Agent '�Z] KFC Wayford Belmont, LLC 4b. Name: Morris Kaplan 4c. Business name (if applicable): KFC Wayford Belmont, LLC 4d. Street address: 1111 Kane Concourse, Suite 302 4e. City, state, zip: Bay Harbor Islands, FL 33154 4f. Telephone no.: 305-901-2200 4g. Fax no.: N/A 4h. Email address: mkaplan@livekaplan.com 5. Agent/Consultant Information (if applicable) 5a. Name: Aliisa Harjuniemi, PWS 5b. Business name (if applicable): Carolina Wetland Services, Inc. 5c. Street address: 550 E. Westinghouse Blvd. 5d. City, state, zip: Charlotte, NC 28273 5e. Telephone no.: 980-259-1222 5f. Fax no.: N/A 5g. Email address: aliisa@cws-inc.net Page 2 of 14 PCN Form —Version 1.4 January 2009 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 186553, 186555, 186556, 186557, 18655, 186561, 186562, 186563, and 186564 1 b. Site coordinates (in decimal degrees): Latitude: 35.2483750 Longitude:-81.025127 ° 1 c. Property size: 37 acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: UT to Catawba River 2b. Water Quality Classification of nearest receiving water: WS-IV 2c. River basin: Catawba (HUC 03050101) 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: The project area consists of forested areas and maintained open areas. On -site elevations range from 600-650 feet above mean sea level (Figure 2). Land cover within the project area consists of deciduous forest, herbaceous areas, and mixed forest (Figure 3). ccording to the United States Department of Agriculture - Natural Resources Conservation Service (USDA-NRCS) Web Soil Survey of Gaston County (Figure 4) and the NRCS Published Soil Survey for Gaston County (Figure 5), on -site soils consist of even different soil types. Of the on -site soils, Chewacla loam is listed on the Web Soil Survey as being hydric or containing hydric inclusions. There are two jurisdictional waters of the U.S. located within the property (Streams A and B). The on -site jurisdictional waters of he U.S. are depicted in Figure 7. The surrounding land use consists of commercial building, undeveloped forested areas, single family subdivisions, and residential houses. 3b. List the total estimated acreage of all existing wetlands on the property: 0 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 2,728 linear feet of perennial stream 3d. Explain the purpose of the proposed project: The purpose of this project is to develop the property for multi -family development to meet the demand for housing in Belmont. Page 3 of 14 PCN Form —Version 1.4 January 2009 3e. Describe the overall project in detail, including the type of equipment to be used: The project proposes developing the site for a multi -family development. Under Nationwide Permit No. 14, the project proposes unavoidable impacts to one jurisdictional stream channel for a road crossing, resulting in a total of 173 linear feet of stream impacts. This road crossing is required to provide ingress and egress for traffic and emergency vehicles to the development. The proposed site plan, proposed impacts, and details are depicted in Sheets 1-7, Attachment D. Proposed Road Crossing (S1-S3) Stream A runs along the eastern portion of the property, therefore crossing this jurisdictional stream channel cannot be while meeting the zoning requirements. The proposed stream crossingwas required by zoning as part of the required connections and approval process for the project through City Council. To construct the proposed road crossing, a 110-foot long, 10x12 reinforced concrete box culvert (RCBC), will be installed, resulting in 118 linear feet of permanent impacts to Stream A (S1). The proposed culvert will be buried one foot below the channel bed to allow passage of aquatic life and maintain low flows. Headwalls at the inlet and outlet of the culvert will be utilized in order to minimize channel impacts to the maximum extent practicable. A 35-foot rip rap apron at the culvert outlet will be utilized to minimize erosional forces undermining the pipe. The rip rap will be keyed at the existing grade. This will result in a total of 35 linear feet permanent impact to Stream A (32), but no loss of jurisdictional waters. A pump around will be utilized for completing stream related work. This will result in approximately 20 linear feet of additional temporary impacts (S3). All work will be constructed in the dry and all temporary fill will be removed following the work. Disturbed stream bed banks will be returned to pre -construction grade. Typical construction equipment such as a track hoe will be used. Page 4 of 14 PCN Form — Version 1.4 January 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this roe / project(including all priorphases) in the Yes No; Comments: Unknown 4b. If the Corps made the jurisdictional determination, what type of determination was made? �9] Preliminary Final 4c. If yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: CWS 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. A Preliminary Jurisdictional Determination (SAW-2019-00628) is included as Attachment C. 5. Project History 5a. Have permits or certifications been requested orEll obtained for this project (including all prior phases) in Yes No Unknown 5b. If yes, explain in detail according to "help file" instructions. 6. Future Project Plans 6a. Is this a phased project? 7,0 Yes EM No 6b. If yes, explain. The project is single and complete project. Page 5 of 14 PCN Form —Version 1.4 January 2009 C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): Wetlands [0] Streams — tributaries O❑ Buffers G Open Waters F❑_,' Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. Wetland impact number Permanent (P) or Tempora T 2b. Type of impact 2c. Type of wetland 2d. Forested 2e. Type of jurisdiction Corps (404,10) or DWQ (401, other) 2f. Area of impact (acres) W1 W2 W3 W4 W5 W6 2g. Total Wetland Impacts: 2h. Comments: 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. Stream impact number Permanent (P) or Temporary (T) 3b. Type of impact 3c. Stream name 3d. Perennial (PER) or intermittent (INT)? 3e. Type of jurisdiction 3f. Average stream width (feet) 3g• Impact length (linear feet) S1 P Culvert Stream A PER Corps 12 118 S2 P Armoring Stream A PER Corps 12 35 S3 T Pump around system Stream A PER Corps 12 20 3h. Total stream and tributary impacts 173 If Page 6 of 14 PCN Form — Version 1.4 January 2009 3i. Comments: Permanent impacts to streams total 153 linear feet. Permanent loss of waters totals 118 linear feet Temporary impacts to streams total 20 linear feet. Page 7 of 14 PCN Form — Version 1.4 January 2009 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then indivii ually list all open water impacts below. 4a. Open water impact number Permanent(P)or Temporary T 4b. Name of waterbody (if applicable 4c. Type of impact 4d. Waterbody type 4e. Area of impact (acres) 01 Ch`° Choose 02 Choose One Choose 03 Choose One Choose 04 Choose One Choose 4f. Total open water impacts 4g. Comments: 1.1-acres of permanent open water impacts, with no permanent loss of waters associated with the impacts since a stream restoration project will be completed within the pond footprint. 5. Pond or Lake Construction If pond or lake construction proposed, the complete the chart below. 5a. Pond ID number 5b. Proposed use or purpose of pond 5c. Wetland Impacts (acres) 5d. Stream Impacts (feet) 5e. Upland (acres) Flooded Filled Excavated Flooded Filled Excavated P1 Choose One P2 Choose One 5f. Total: 5g. Comments: 5h. Is a dam high hazard permit required? Yes No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. 6a. Project is in which protected basin? N Neuse Tar -Pamlico Catawba 0 Randleman N Other: 6b. Buffer Impact number- Permanent (P) or Temporary T 6c. Reason for impact 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact (square feet) 6g. Zone 2 impact (square feet B1 Yes/No g2 Yes/No B3 Yes/No B4 Yes/No g5 Yes/No B6 Yes/No 6h. Total Buffer Impacts: 6i. Comments: Page 8 of 14 PCN Form - Version 1.4 January 2009 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. o avoid and minimize impacts to jurisdictional waters of the U.S., the property was delineated prior to finalizing the site plan an he proposed site plan was designed around the delineation results. Impacts to jurisdictional waters have been limited to one stream crossing in order to provide ingress and egress for traffic and emergency vehicles to the development. Stream A runs along the eastern portion of the property, therefore crossing this •unsdictional stream channel cannot be avoided while meeting the zoning requirements. This crossing was required by zoning s part of the required connections and approval process for the project through City Council. The road will cross the stream at a perpendicular angle. Headwalls at the inlet and outlet of the culvert will be utilized in order to minimize channel impacts to the maximum extent practicable. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Proper sediment and erosion control measures will be used to minimize disturbances to downstream waters. Silt fence will be installed around the jurisdictional features, outside of the avoided streams. Construction activities and impacts to on -site jurisdictional waters of the U.S. will comply with all conditions of Nationwide Permit No. 14 and Water Quality Certificate No. 4135. All work will be constructed in the dry and all temporary fill will be removed following the work. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for Yes O No impacts to Waters of the U.S. or Waters of the State? 2b. If yes, mitigation is required by (check all that apply): E DWQ 0 Corps Page 9 of 14 PCN Form — Version 1.4 January 2009 2c. If yes, which mitigation option will be used for this project? Mitigation bank Payment to in -lieu fee program Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type: Choose One Type: Choose One Type: Choose One Quantity: Quantity: Quantity: 3c. Comments: 4. Complete if Making a Payment to Inaleu Fee Program 4a. Approval letter from in -lieu fee program is attached. Yes 4b. Stream mitigation requested: 4c. If using stream mitigation, stream temperature: 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non -riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: Mitigation is proposed at 1:1 ratio. 5. Complete if Using a Perrnittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? Yes . No 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (square feet) Zone 1 Zone 2 6f. Total buffer mitigation required: Page 10 of 14 PCN Form —Version 1.4 January 2009 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund). 6h. Comments: Page 11 of 14 PCN Form —Version 1.4 January 2009 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1a. Does the project include or is it adjacent to protected riparian buffers identified Yes No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. Yes No The site is not adjacent to protected NC Riparian Buffers. 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? >24% 2b. Does this project require a Stormwater Management Plan? 0 Yes No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: The plan will be submitted to the City of Belmont and Gaston County for review. A copy of the approved plan will be provided upon request once available. 2e. Who will be responsible for the review of the Stormwater Management Plan? Belmont 3. Certified Local Government Stormwater Review 3a. In which local governmenfs jurisdiction is thisproject'? M Phase ll 3b. Which of the following locally -implemented stormwater management programs ❑ NSW apply (check all that apply): ❑ USMP ® Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes No attached? 4. DWQ Stormwater Program Review fr] Coastal counties ❑ HOW 4a. Which of the following state -implemented stomtwater management programs apply ❑ ORW (check all that apply): ❑ Session Law 2006-246 ❑ Other: 4b. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes No attached? 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ❑ Yes No 5b. Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No Page 12 of 14 PCN Form — Version 1.4 January 2009 F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) la. Does the project involve an expenditure of public (federal/state/local) funds or the 7-1 Yes L� No use of public (federal/state) land? —' 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State Yes 0 No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1 c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval � Yes ED.No letter.) Zi Comments: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, C Yes No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after -the -fact permit application? Q Yes E No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in r-71 Yes No additional development, which could impact nearby downstream water quality? u 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. The project will not result in additional development. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. Sewerlines will be tied to the existing sewer easement located along the on -site perennial streams. Page 13 of 14 PCN Form — Version 1.4 January 2009 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or " Yes No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act Yes No impacts? 5c. If yes, indicate the USFWS Field Office you have contacted. ``II c� 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? o determine which protected species are listed as occurring or potentially occurring within the project vicinity, and prior to conducting the on -site field investigation, CWS consulted the United States Fish and Wildlife Service (USFWS) Endangered and Threatened Species and Species of Concern by County for North Carolina online database for Gaston County. In addition, CWS performed a data review and habitat assessment for this property. The results of the desktop review and habitat assessment are included in the Protected Species Habitat Assessment Report (Attachment E). 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? Yes jj No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? NOAA Fisheries: http://www.habitat.noaa.gov/protection/efh/habitatmapper.html 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 r , Yes No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? CWS consulted the SHPO online GIS service. The search indicated there are no known historical structures, buildings, sites, or districts existing within the project limits. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? `p Yes; No 8b. If yes, explain how project meets FEMA requirements: Conditional Letter of Map Revision based on Fill (CLOMR-F) is in progress. It is required by FEMA rules that the CLOMR-F cannot be submitted until plans for review have been submitted to review agencies. 8c. What source(s) did you use to make the floodplain determination? FEMA FIRM No. 3710359500M �✓°r^. ZA 1.30.20 Ms. Aliisa Harjuniemi Applicant/Agent's Signature (Agent's Applicant/Agent's Printed Name signature is valid only if an authorization letter Date from the applicant is provided.) Page 14 of 14 PCN Form — Version 1.4 January 2009 ysn>a�, Marshall Arhur R",h Hwy. " Sf 81vd J e° Cramerton 9v Mt Holly- 9 �o4,p 9.4 �a2p w` W 9T n o` Belmont ALtey , M<Ad.n -11, Rd Wdkln aoll elvd y a C Belmont � a Z � S t*em 9a d h e+° ,F rnntq l.1�mn0M,, ff d0.d :our.. Q� ,:9i c a° E a N J, o 4 z a 'P 4 Mm Island Counlry C WD �ftd L D { o 3 t � 1 N i Of L,,r p4 ry Rd I 1 1 B.tryhAl Nstule PIN R nw t 1! 1 { i Legend 1 O Project Limits (38 acJ 5,000 2,500 0 5,000 Feet REFERENCE: BACKGROUND VICINITY MAP PROVIDED BY ESRI, 2019. R SCALE: DATE: FIGURE NO. 1 inch = 5,000 feet 3/22/2019 ® Vicinity Map CWS PROJECT NO: DRAWN BY: 1 2019-0008 MLS 6918 Wilkinson Boulevard of COORDINATES: CHECKED BY: CAROLINA Gaston County 35.248375,-81.025127 CAG WETLANO SERVICES Belmont, North Carolina 7 G'ATeam Dane Xwsufthg Team DmieV01W019Conwltlng Pmjede12019-0M86918WiIXimw BWtl DWCGIS\Flguret_wdnM.mw �s d . —. �— N 4 iIXA4YXH lNII . / /AWSYMIJPLtlWA ....r' ' - n D 1� Y1 r TA ® r rrrr�aNr ":priAtow� rrLtaM1 _ - IPPA¢Llem 'fP ��4' r 7t,r R . 7y sd:ylAll,: - Legend Project Limits (38 ac.) 0 ' 2,000 1,000 0 2,000 Feel REFERENCE: USGS 7.5 MINUTE TOPOGRAPHIC DUADRANGLE)S): BELMONTAND MOUNT HOLLY, NC (2017). SCALE: DATE: FIGURE NO. 1 inch = 2,000 feet 3/22/2019 USGS Topographic Map CWS PROJECT NO: DRAWN BY: 2 2019-0008 MLS Lc 6918 Wilkinson Boulevard of COORDINATES: CHECKED BY: C A R O L I N A Gaston County 35.248375,-81.025127 CAG WETLAND SERVICES Belmont, North Carolina % G:\Team Drives\ConsulbW Team Drive2019\2019 Consulting Proj s12019-OO 8 6918 Wilkinson BNdQD\AmG1MRgure2_USGS.mxa G \Team Drives\Consdurg Team Drive\2MU019 Coms ltmg PmledW019-00086918 WYkinson BNdWDWrcGISTigum3_NerWl.mx6 GATeam Drnes\CwsAng Team DriveVOM2019 Consulting Projeds12019-00086918 WMnwn BNdUMmGISTigum4_CurteMSoil.mxd G1Team Dr %%C uftrg Team Drlve19019t8019 Conwlbng Pmjetls1Y0131 6916 Wilkinwn BNdQDWCGISWigure3__MistoncSoil.m d RIVER E P 0 z REFERENCE: NATIONAL WETLAND INVENTORY DATA PROVIDED BY UNITED STATES FISH AND WILDLIFE SERVICE FOR NORTH CAROLINA, ACCESSED 2019. L BACKGROUND YER(S) PROVIDED BY GASTON COUNTY GIS DEPARTMENT, DATED 2018. SCALE: DATE: WIIJVu IVER Loop Q' 4i CHANNEL EDGEMONT Legend Project Limits (38 ac.) Roads National Wetland Inventory Freshwater Forested/Shrub Wetland Pa � Freshwater Pond F 2,000 1,000 0 2,000 Feet 1 inch = 2,000 feet 3/22/2019 ® FIGURE No. National Wetland Inventory CWS PROJECT NO. DRAWN BY: 6 2019-0008 HEM 6918 Wilkinson Boulevard COORDINATES: CHECKED BY �f C A R O L I N A Gaston County 35.248375,-81.025127 CAG WETLAND SERVICES Belmont, North Carolina 7 G \Team Drives%Com,0tirg Team Drive@019 19 Consufta, Proje=Q(11&00)8 6910 W ikmacm BIvM. DWmGISTi9ure6_NWI..d DP1 Perennial Stream A 2,087 If W • DP SCP2 U CO Perennial Stream B 641 If Legend H[,Rc Hsr O Project Limits (38 ac.) h om ��e Perennial Stream I; e Roads z x z ~ Tax Parcels zo e�T4�e4 s y � ODP Data Point BRo0Ks Q •SCP Stream Classification Point v T ti y' Ar < Indicates Flow REFERENCE: BACKGROUND GIS LAYER(S) PROVIDED BY GASTON COUNTY GIS DEPARTMENT, DATED 2018. 0+ Photo Location and Direction NOTE: JURISDICTIONAL WATERS OF THE U.S. WERE DELINEATED (FLAGGED IN THE FIELD), CLASSIFIED, AND MAPPED USING A SUB -FOOT CAPABLE GPS 500 250 0 500 Feet UNIT BY CWS, INC.. ON MARCH 19. 2019. JURISDICTIONAL FEATURES HAVE BEEN VERIFIED BY THE USAGE ON APRIL 22, 2019 (SAW-2019-00628(. SCALE: DATE. FIGURE NO. 1 inch = 500 feet 4/1/2019 ® Jurisdictional Boundaries CWS PROJECT NO: DRAWN BY 7 2019-0008 HEM 6918 Wilkinson Boulevard of COORDINATES'. CHECKED BY C A R 0 L I N A Gaston County 35.248375,-81.025127 CAG WETLAND SERVICES Belmont, North Carolina 7 GiTeam Drnes\ConsMW Team Drwe@01912019 Cons ffing Pmjeds12019-00086918 Wilkinson BNtl DW GISWigum7_JD.mxd 6918 Wilkinson Boulevard Attachments ATTACHMENT B: Agent Authorization Form January 30, 2020 CWS Project No. 2019-0008 AGENT CERTIFICATION OF AUTHORIZATION I, Morris Kaplan, representing KFC Wayford Belmont, LLC, hereby certify that I have authorized Allisa Haryuniemi of Carolina Wetland Services, Inc. to act on my behalf and take all actions necessary to the processing, issuance, and acceptance of this request for wetlands determination / permitting and any and all standard and special conditions attached. Gaston County Owner/Representative Name Owner/Representative Parcel ID Address 186553,186555,186556, 186557, 186558, 186661, KFC Wayford Belmont, LLC; POC: 1111 Kane Concourse, Suite 302 186562, 186563, and Mr. Morris Kaplan Bay Harbor Islands, FL 33154 186564 We hereby certify that the above information submitted in this application is true and accurate to the best of our knowledge. i Authorized signature Agents signature 0 Date Date 1.28.20 Completion of this form will allow the agent to sign all future application correspondence. 6918 Wilkinson Boulevard Attachments ATTACHMENT C: January 30, 2020 CWS Project No. 2019-0008 Preliminary Jurisdictional Determination (SAW-2019-00628) U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2019-00628 County: Gaston U.S.G.S. Quad: NC- Belmont & Mount Holly NOTIFICATION OF JURISDICTIONAL DETERNIINATION Requestor: Madge S. Garrison Revoc Trust Morris Kaplan Address: 608 Lankashire Road Winston Salem, NC 27104 Telephone Number: 305-901-2200 E-mail: mkaplan(i0ivekaplan.com Size (acres) 38 Nearest Town Mount Gilead Nearest Waterway Clarks Creek River Basin Upper Pee Dee USGS HUC 03040104 Coordinates Latitude: 35.248375 Longitude:-80.025127 Location description: The review area is located 0.277 miles Southeast of the intersection of Wilkinson Blvd and Park St in Gaston County. PIN(s)186553, 186555, 186556, 186557, 18655, 186561, 186562, 186563, 186564. Indicate Which of the Following Apply: A. Preliminary Determination ® There appear to be waters 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 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 4/1/2019. 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 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 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 at the project area, which is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters 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 on the above described project area/property subject to the permit requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ We recommend you have the waters 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. SAW-2019-00628 ❑ The waters 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 have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on DATE. 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 Catherine M. Janiczak at 704-510-1438 or Catherine.M.Janiczak(a,usace.army.mil. C. Basis For Determination: Basis For Determination: See the preliminary iurisdictional determination form dated 04/22/2019. 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 1 OM15 Atlanta, Georgia 30303-8801 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by Not applicable. **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.** Corps Regulatory Official: Catherine M. Janiczak Date of JD: 04/22/2019 Expiration Date of JD: Not applicable SAW-2019-00628 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0 Copy furnished: Agent: CWS Inc Aliisa Hariuniemi Address: 550 E. Westinghouse Blvd Charlotte, NC 28273 Telephone Number: 980-259-1222 E-mail: at isana,cws-inc.net N&MCAMN OF Ab AND REQUEST FOR APPEAL Applicant: Madge S. Garrison Revoc Trust, Morris File Number: SAW-2019-00628 Date: 04/22/2019 Kaplan Attached is: See Section below INITIAL PROFFERED PERMIT Standard Permit or Letter ofpermission) A PROFFERED PERMIT Standard Permit or Letter ofpermission) B PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION 1 - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at or hum-'www.usacc.arnrv.ntil Missions CivilWorks:Rcgulatorvl'rogramarulPcnnits.asnx 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 1D 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 lI of this form and sending the form to the district engineer. This forth 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 M. 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 If you have questions regarding this decision and/or the appeal process you may contact: District Engineer, Wilmington Regulatory Division Attn: Catherine M. Janiczak Charlotte Regulatory Office U.S Army Corps of Engineers 8430 University Executive Park Drive, Suite 615 Charlotte, North Carolina 28262 If you only have questions regarding the appeal process you may also contact: Mr. Jason Steele, Administrative Appeal Review Officer CESAD-PDO U.S. Army Corps of Engineers, South Atlantic Division 60 Forsyth Street, Room I OM 15 Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 IRIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government I consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of anv site investieation. and will have the onnortunity to narticinate in all site investi¢ations. Date: or For appeals on Initial Proffered Permits send this form to: Telephone number: District Engineer, Wilmington Regulatory Division, Attn: Catherine M. Janiczak, 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: 04/22/2019 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Madge S. Garrison Revoc Trust, Morris Kaplan, 608 Lankashire Road,Winston Salem, NC 27104 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, PROJECT NAME, SAW-2019- 00628 D. PROJECT LOCATIONS) AND BACKGROUND INFORMATION: The review area is located 0.277 miles Southeast of the intersection of Wilkinson Blvd and Park St in Gaston County. PIN(s)186553, 186555, 186556, 186557, 18655, 186561, 186562, 186563, 186564. (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: NC County: Gaston City: Mount Gilead Center coordinates of site (lat/long in degree decimal format): Latitude: 35.248375 Longitude:-80.025127 Universal Transverse Mercator: Name of nearest waterbody: Clarks Creek E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ® Office (Desk) Determination. Date: 04/22/2019 ❑ Field Determination. Date(s): TABLE OF AQUATIC RESOURCES INREVIEWAREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION. Site Number Latitude (decimal degrees) Longitude (decimal degrees) Estimated amount of aquatic resources in review area (acreage and linear feet, if applicable Type of aquatic resources (i.e., wetland vs. non - wetland waters) Geographic authority to which the aquatic resource "may be" subject (i.e., Section 404 or Section 10/404) Stream A 35.248165 -81.024084 2087 linear feet Non -wetland Sec. 404 Stream B 35.245836 -81.022248 641 linear feet Non -wetland Sec. 404 1) The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an approved JD (AJD) for that review area based on an informed decision after having discussed the various types of JDs and their characteristics and circumstances when they may be appropriate. 2) In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre- construction notification" (PCN), or requests verification for a non -reporting NWP or other general permit, and the permit applicant has not requested an AJD for the activity, the permit applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit authorization based on a PJD, which does not make an official determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an AJD could possibly result in less compensatory mitigation being required or different special conditions; (3) the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) undertaking any activity in reliance upon the subject permit authorization without requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AJD or a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it becomes appropriate to make an official determination whether geographic jurisdiction exists over aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic resources in the review area, the Corps will provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that there "may be" waters of the U.S. and/or that there "may be" navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the review area that could be affected by the proposed activity, based on the following information: SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items 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: Figure 7 (Dated 04/01/2019)_ ® 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: 7.5 Minute Topographic, Belmont and Mount Holly ® Natural Resources Conservation Service Soil Survey. Citation: Gaston County Sheets 4 and 8, 1989 ® National wetlands inventory map(s). Cite name: USFWS, 2018 ❑ State/local wetland inventory map(s): ❑ FEMA/FIR 4 maps: ❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929) ® Photographs: ®Aerial (Name & Date): ESRI (Dated 2018) or ®Other (Name & Date): Photolog (Dated March 2019) ❑ Previous determination(s). File no. and date of response letter:, ❑ Other information (please specify): IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corns and should not be relied upon for later jurisdictional determinations. Catherine M. Janiczak Signature and date of Regulatory staff member completing PJD 04/22/2019 Signature and date of person requesting PJD (REQUIRED, unless obtaining the signature is impracticable) t t 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. ST DP1 Perennial Stream A 2,087 If SCP2 U D9 Perennial Stream B 641 If Legend O Project Limits (38 ac.) Perennial Stream Roads Tax Parcels F C z W ATgLveq *DP Data Point MW s p BRppksT ASCP Stream Classification Point 3P < Indicates Flow REFERENCE: BACKGROUND GIS LAYERS) PROVIDED BY GAS ION *1* Photo Location and Direction COUNTY GIS DEPARTMENT, DATED 2018. NOTE JURISDICTIONAL WATERS OF THE U.S. WERE DELINEATED (FLAGGED IN THE FIELD), CLASSIFIED, AND MAPPED USING A SUB -FOOT CAPABLE GPS 500 250 0 500 Feet UNIT BY CWS, INC., ON MARCH 19, 2019. JURISDICTIONAL FEATURES HAVE NOT BEEN VERIFIED BY THE USACE. SCALE. DATE: FIGURE NO. 1 inch = 500 feet 4/1/2019 Jurisdictional Boundaries 7 CWS PROJECT NO: DRAWN BY ® 2019-0008 HEM 6918 Wilkinson Boulevard of COORDINATES. CHECKED BY'. ^ y A R Q L I N A Gaston County 7 35.248375,-81.025127 CAG WETLAND SERVICES Belmont, North Carolina G:\Team Drrves\Consuting Team Drive@01912019 Consulting Projed%Q01&00086918 Wilklnwn BNdUDWmGISTigure7_JD.mxd 6918 Wilkinson Boulevard Attachments ATTACHMENT D: Permit Drawings January 30, 2020 CWS Project No. 2019-0008 L '� \ �y �� ^mod ` �` ._ tc�v 'r ••( %i l��� •�1 \�` N, Or Wko- R STREAM 1 \ \ \ \ z Z �}II(I,/Ijggllpllpll�j/)�J�/�� Z RA4Mlblll /�l�llSlir/�i'� �1�1 -• ���\I �v il' EXIST. PROPERTY _ �� j JAMES R. GARRISON BOUNDARY (TYP.)� o -r�r _ re �^ %/ DB 2955 PG 326 (`� . il('11'd ,111(I{Ij\ ��� �lZ '" z EXIST. 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BOUNDARY (TYP)_ �� �'- , }CREEK 11I11 �� =LLJ J LU W � Im Lu %!, � / fly 1� r� p O i/4r~��—` W a f{'l /,%J 1 Z z / �an �l (/�CEXIST. PROPERTY1�\\� w i l �ri7 �,✓ �i� j BOUNDARY (TYP.) j \. W z �� z Al /JI/11� z -4r.i1.)7. FOR USACOE PERMIT SUBMITTALS ONLY. DESIGN EVALUATION BASED ON PHYSICAL z w LA - SURVEY DATA AND LIDAR TOPOGRAPHY. m BAR SCALE 1"=400' Q m a N U_ zo o m J Y 3 w w 0 200' 400' B00' Q fA csi h \ `v6`~�; EXIST. 100 �` OD LINE (1YP.) - \ uh PROP! 70' SAN.SWR• llk/ TEMPORARY PUMP LINE (TYP.) T-1� III S1 - Perennial Stream A - 118 if permanent impact a ""\A-�' . . . . . . . . . . . . Y # 9 � EXIST. 100 YEAR FLOOD LINE At, I �� / /� • \ • PRO. PUMP INLET LOCATION / J� �5g4- 1 (PUMP AND LINE TO BE SIZED 1 ,( �. r. BY CONTRACTOR) �. J PROP. COFFER DAM ° (OR APPROVED EQUIVALENT) z z \ °° 817 - PROP. HEADWALL DESIGN BY OTHERS) . i z . ..... T PROP. HEADWALLOi/jal/It" (DESIGN BY OTHERS) / / ' ;(rip erennial Stream A f permanent impact I v 1 ap) o 0 1 I I' 1 PROP. PUMP I PROP. 11 F 1o•X1 S3 - Perennial Stream A Z Z z e� CBC - 201f total temporary eYi" Q 09 impact due to pump -� a_J m around system w i (See sheet 7 for detail) _ �. U DD ✓I / . m_ i d Q 1n els e78 LU N 5 O O CL all* .. U21 1e O ezo w= / p STREAM-1LU - - -- m m ........... JJ � PROP. RIP IISCHARGE I N �t I RAP APRON LOCATION I IMIIIS2 3 R m w . . . . . . . . . . . . . . . . z LL O w BAR SCALE 1"= 40' 4 �w CO) FOR USACOE PERMIT SUBMITTALS ONLY. a m r DESIGN EVALUATION BASED ON PHYSICAL a w 20• SURVEYDATAAND LIDAR TOPOGRAPHY. 80• O u+ o w NQ — ■■■■■■■■■■■■■■■ 620 PROP. - • CENTERLINE ■■■■■■■■■■■■■■■ 610 al■■■■■■■■■■■■■■00 ■■■■■■■■■■■■■ ■1�■■■■■■■■■■■■■ • 00 JROAD ■■■■■■■■■■■ ■■■■■■■■■■■■ • of LLI .. ■■,■■■■■■cl■■■■■ 600 cn AT- GRADE■■■■H■■ I� ■■■■■■■ ROAD- CENTERLINE■■■■N■■ i ■■■■■■■ ■■■■a■r,■ ■■■■a�■r ■■■■a■ HORIZONTAL GRAPHIC SCALE 590■■■■■ cc PROP- ::. , . ■■■■■■■Lu ■ ■■■■■■■ ■ ■■■Lu i ■ I .■ ■■■■■■■■■■■■■■■ oVERTICAL GRAPHIC SCALE _ z - - .- USACOE PERMITEVALUATION.. - O O f` CD �/• O 620 PROP.GRADE 610 H� PROP. CULVERT HEADWALL (DESIGN BY OTHERS) .11 PROP. 1' STREAM BED MATERIAL HORIZONTAL GRAPHIC SCALE 590 IN1 BAR SCALE 1 "= 60' CLASS 'A'- 0 30' 60' 120' RIP RAP APRON THICKNESS = 2.00' VERTICAL GRAPHIC SCALE NJ: 00 BAR SCALE 1"=6' 00 Lo 0 3' 6' 12' 10'X12' RCBC 109.73 LF @ 0.27% INV. OUT = 588.44 � M 0 00 rn fmomd 0 r wm z0 w¢ it ? 00 o0 zz PROP. CULVERT HEADWALL I (DESIGN BY OTHERS) W J LL- H C.� Q a 0 w cn O a O /—EXIST. GRADE z J O U F=- o Z Z Z O 0 C J c W J 00 W m H Q O m W 1— z W 0 co _ AT STREAM CENTERLINE w m z URIED 1' 0 Z_ Lu Z 5 � o 0 INV. IN = 588.74 Q w � co m LL co O w O o FOR USACOE PERMIT m "' SUBMITTALS ONLY. V o m DESIGN EVALUATION BASED ON J W Y Z c� �yi Z H PHYSICAL SURVEY DATA AND CL Q w c� W LIDAR TOPOGRAPHY. Q N v a o c=n O + O + EE 6� tl 610 PROP. CULVERT HEADWALL (DESIGN BY OTHERS) 600 o W a 0 0 5 Z Z w N Z O Lu cn z J o 0 EXIST. GRADE AT PROP. GRADE AT CULVERT �, N O Lu W m CULVERT INLET INLET V Q 590 0 a � m HORIZONTAL GRAPHIC SCALE PROP. 10'X12' RCBC INV. ELEV. = 588.74 AT INLET w m Z � U) O O a W � W cn of g BAR SCALE 1 "= 60' z W m w v v J (D m 0 o W� co C7 v a N m_ F ¢ 0 LL O to w c=i� 580 c 0 30' 60' —0' m co oto VERTICAL GRAPHIC SCALE W BAR SCALE 1"=6' 0 3' s' 12' C' Y L(i M LoN z Lo 0 Q I FOR USACOE PERMIT SUBMITTALS ONLY. J DESIGN EVALUATION BASED ON PHYSICAL p ?� SURVEY DATA AND LIDAR TOPOGRAPHY. a N NOTES: 1. WORK IN CREEK SHALL BE PLANNED TO MINIMIZE THE NUMBER OF DAYS OF DISTURBANCE. 2. THE SUBCONTRACTOR IS TO OBSERVE THE LOCAL WEATHER FORECASTS AND NOT BEGIN WORK IN THE CREEK UNLESS AT LEAST THREE DAYS WITHOUT RAIN IS ANTICIPATED. 3. ALL DISTURBED CREEK BED AND BANKS ARE TO BE STABILIZED PRIOR TO THE END OF EACH WORK DAY. 4. FOR LARGER CREEKS, CONSTRUCTION SHOULD OCCUR ON ONE SIDE OF THE CREEK AT A TIME. THE FIRST SIDE SHOULD BE STABILIZED BEFORE BEGINNING CONSTRUCTION ON THE OPPOSITE SIDE. 5. A TEMPORARY PIPE OR PUMP MAY BE INSTALLED TO CONTROL CREEK FLOW DURING CONSTRUCTION. CONSTRUCT THREE ROCK CHECK DAMS (STD. 30.10) AT 100—FOOT SPACING DOWN STREAM FROM THE CONSTRUCTION ZONE IF CONDITIONS AND PROPERTY RIGHTS ALLOW. ---7t, CONSTRUCTION ZONE TOP BANK MP (CONTRACTOR TO SIZE TO PUMP BASE FLOW) INSTALL DIKE OR COFFERDAM IMMEDIATELY UPSTREAM OF THE CONSTRUCTION ZONE STREAM PUMP AROUND z 0 U O z Z F- O 2 w J 0° Lu m J a W 0 � O m Lu =z w 0 w Luw coS Z C9 NOT TO SCALE z �1 0 W (� aO N o w 0 V m } Z We a � U w -w-a Z w UOaOc=n ¢� Q i/i 6918 Wilkinson Boulevard Attachments ATTACHMENT E: January 30, 2020 CWS Project No. 2019-0008 Protected Species Habitat Assessment Report CAROLINA WETLAND SERVICES, INC. 550 E. Westinghouse Blvd. Charlotte, NC 28273 704-527.1177 (office) 704-527-1133(fax) May 8, 2019 Mr. Morris Kaplan Kaplan Residential 1111 Kane Concourse Ste 302 Bay Harbor Islands, FL 33154 Subject: Protected Species Habitat Assessment Report 6918 Wilkinson Blvd Belmont, North Carolina CWS Project No. 2019-0008 Dear Mr. Kaplan, Kaplan Residential has contracted Carolina Wetland Services, Inc. (CWS) to provide a protected species habitat assessment for the 6918 Wilkinson Blvd site. The project area includes Gaston County Tax Parcel Nos. 186553, 186555, 186556, 186557, 186558, 186561, 186562, 186563, and 186564, totalling approximately 38 acres in extent. The project area is located southeast of the Wilkinson Boulevard and Park Street intersection in Belmont, North Carolina (Figure 1). Methods In -office Desktop Review To determine which protected species are listed as occurring or potentially occurring within the project vicinity and prior to conducting the on -site field investigation, CWS consulted the United States Fish and Wildlife Service's (USFWS) Endangered and Threatened Species and Species of Concern by County for North Carolina online database for Gaston County'. In addition, CWS performed a data review using the North Carolina Natural Heritage Program (NCNHP) Data Explorer2 on April 25, 2019 to determine if any record occurrences of federally -listed, candidate endangered, threatened species, or critical habitat are located within the project limits. Typical habitat requirements for listed species was discerned from multiple USFWS3 and NCNHP° online resources including, but not limited to, specific USFWS species profiles, recovery plans, NCNHP's Guide to Federally Listed Endangered and Threatened Species of North Carolina, and List of the Rare Plant Species of North Carolina. United States Department ' United States Fish and Wildlife Service, Raleigh Field Office. Accessed April 25, 2019. Endangered and Threatened Species and Species of Concern by County for North Carolina. https:/hw .fws.gov/raleigh/specieslentylisttgaston.html 3 North Carolina Natural Heritage Program. 2019. Biotics Database. Division of Land and Water Stewardship. Department of Natural and Cultural Resources, Raleigh, North Carolina.. ' U.S. Fish and Wildlife Service. 2006. Optimal Survey Windows for North Carolina's Federally Threatened and Endangered Plant Species. http://www.fws.gov/nces/esiplant_survey.html. Accessed April 25, 2019. Buchanan, M.F. and J.T. Finnegan. 2010. Natural Heritage Program List of the Rare Plant Species of North Carolina. NC Natural Heritage Program, Raleigh, NC. Accessed from https://w .fws.gov/raleigh/species/cntylist/nc_Wunfes.html NORTH CAROLINA - SOUTH CAROLINA WWW.CWS-INC.NET Page 1 of 6 6918 Wilkinson Blvd May 8, 2019 Protected Species Habitat Assessment Report CWS Project No. 2019-0008 of Agriculture - Natural Resources Conservation Service (USDA-NRCS) Web Soil Survey of Gaston County5 and aerial imagery were also reviewed for potential habitat communities of listed species within the project vicinity (Figures 2 and 3). Field Survey CWS scientists Megan Shelton, (WPIT)a, Staff Scientist II, and Hannah Meeler, Staff Scientist I, conducted a pedestrian habitat assessment of the project area on April 25, 2019. Supporting habitat areas for potentially occurring federally -protected species that were identified during the desktop review were evaluated in the field. The evaluation included assessing the quality of physical and/or biological features that would be supportive of protected species. Additionally, during the pedestrian habitat assessment, habitat areas were qualitatively reviewed for the occurrence of applicable federally protected species. However, formal surveys were not conducted for the occurrence of protected species. Identification references for natural communities include Nelson's'The Natural Communities of North Carolina.' (1986)' and Weakley's 'Flora of the Southern and Mid -Atlantic States' (2015)8 for plant species identification. Results Based on the NCNHP data explorer review, there are no current records of federally -protected species within the project limits or within a mile of the project limits (Attachment A). The USFWS lists four federally protected species for Gaston County (Table 1). An official species list has not been obtained from the USFWS Asheville Field Office. Table 1. Unofficial List of Federally -Protected Species Potentially Occurring within the 6918 Wilkinson Blvd Site. Gaston County, NC. Myotr Group Scientific Name Common Name Federal Status• Recoird Eblus Plant Helianthus Schweinitz's E Current schweinitzii sunflower Plant HexasVis nanitlora Dwarf -flowered T Current heartleaf Animal Haliaeetus Bald eagle BGPA Current leucocephalus Animal Myotis Northern long-eared T Current septentrionalis bat E - Endangered, T - Threatened, BGPA - Bald and Golden Eagle Protection Act Two terrestrial community types were identified within the project area during the field survey. These community types consist of deciduous forest and herbaceous areas (Figure 3). Of the identified on -site community types, the deciduous and the herbaceous areas along the forest edge are considered potential habitat for federally threatened or endangered species that could potentially occur within the project limits. A brief description of each species habitat requirements and determination of effect findings are listed below by species. ' United States Department of Agriculture, 2017. Web Soil Survey of Gaston County, North Carolina. April 25, 2019. Source: https:lhvebsoilsurvey.nres.urde.gov/app/HomePage.htm F Wetland Professional in Training, The Society of Wetland Scientist Certification Training Program 7 Nelson, John B.. 1986. The Natural Communities of North Carolina, Initial Classification and Description. hftpJ/m. namethatplant.net(PDFs/JBN Doc.pdf ' Weakley, A.S. 2015. Flora of the Southern and Mid -Atlantic States. http:lty .herbadum.unc.edu/fiora.htm. Page 2 of 6 6918 Wilkinson Blvd May 8, 2019 Protected Species Habitat Assessment Report CWS Project No. 2019-0008 Schweinitz's sunflower (Helianthus schweinitzi►� Habitat Description: Schweinitz's sunflower is a perennial herb with yellow rays and yellow centers. They can reach heights of five feet. Populations are limited to the piedmont of North and South Carolina. It has been listed as an endangered species under the Endangered Species Act (ESA) since 1991.1 The typical habitat for this plant includes roadsides, old pastures, transmission line right-of-ways, open areas, either natural or human -maintained habitats, or edges of upland woods. Major characteristics of soils associated with suitable Schweinitz's sunflower habitat include thin soils, soils on upland interstream flats or gentle slopes, soils that are clay like in both composition and texture (and often with substantial rock fragments), soils that have a high shrinkage swell capacity, and those which vary over the course of the year from very wet to very dry. Biological Analysis: A NCNHP data record review revealed that there are no current occurrences for this species within the project limits, or within a one -mile radius of the project (Attachment A). The desktop review determined that there is a small section along the eastern portion of the project boundary that does contain the Cecil soils commonly associated with Schweinitz's sunflower, however this area is completely forested, which is not conducive to this species (Photograph 1). The field habitat assessment performed on April 25, 2019 revealed that the majority of the site is dominated by the invasive species kudzu (Pueraria montana), which provides too much competition for Schweinitz's sunflower (Photograph 2). There is a sewer line right-of-way that runs through the northern and eastern portion of the project limits, however, the right-of-way is too compacted and too heavily maintained through the practices of mowing to be supportive habitat for the Schweinitz's sunflower (Photograph 3). No individuals of Schweinitz's sunflower or other Helianthus species were observed during the field assessment on April 25, 2019, and supportive habitat was not present, which leads CWS to conclude that this project will have no effect on the Schweinitz's sunflower. Dwarf -flowered heartleaf (Hexastylis naniflora) Habitat Description: Dwarf -flowered heartleaf is endemic to the western Piedmont and foothills of North and South Carolina. This herbaceous evergreen is found in moist to rather dry forests along bluffs; boggy areas next to streams and creek heads; and adjacent hillsides, slopes, and ravines. Requiring acidic, sandy loam soils, the species is found in soil series such as Pacolet, Madison, and Musella, among others. Occurrences are generally found on a north facing slope. Undisturbed natural communities such as Piedmont/Coastal Plain Heath Bluff, Dry-Mesic Oak Hickory Forest, and Mesic Mixed Hardwood Forest hold the most viable occurrences. However, less viable remnant occurrences are found in disturbed habitats, including logged, grazed, mown, and residential/commercial developed lands; areas converted to pasture, orchards, and tree plantations; roadside rights -of -way; and on upland slopes surrounding man-made ponds or lakes.10 9 United States Fish and Wildlife Services. 1991. Endangered and Threatened Wildlife and Plants; Helianthus schweinitzii (Schweinitz's sunflower) Determined to be Endangered. http://ecos.fws.gov/docs/federal_ register/frl852.pdf. 10 North Carolina Department of Transportation NRTR Guidelines for Consultants. T&E Animal and Plant Habitat Descriptions. https://connect. ncdot. gov/resou rces/environmental/pages/environmental-compliance-g uides.aspx Page 3 of 6 6918 Wilkinson Blvd May 8, 2019 Protected Species Habitat Assessment Report CWS Project No. 2019-0008 Biological Analysis: A NCNHP data record review revealed that there are no current occurrences for this species within the project limits, or within a one -mile radius of the project. The desktop review and field survey assessment determined that the soils commonly associated with the Dwarf -flowered heartleaf are not found within the project limits. In addition, the area in the eastern portion of the project limits that did contain the proper slopes was too overgrown with kudzu in the understory to provide suitable habitat (Photograph 4). No Hexastylis species were observed during the habitat assessment on April 25, 2019, and suitable habitat was not present, which leads CWS to conclude that the project will have no affect the Dwarf -flowered heartleaf. Bald eagle (Haliaeetus leucocephalus) The Bald and Golden Eagle Protection Act," enacted in 1940, prohibits anyone, without a permit issued, from "taking" bald eagles, including their parts, nests, or eggs. Habitat for the bald eagle includes cliffs and forested areas near estuaries, large lakes, reservoirs, rivers, seacoast, and as they become more abundant, stands of undisturbed forest. The Catawba River is large enough to be considered a potential feeding source and is located within a one mile radius of the project area. The project limits also include patches of undisturbed deciduous forest with large trees in the canopy. However, no bald eagles or bald eagle nests were observed during the site visit on April 25, 2019. Additionally, a review of the NCNHP database on April 25, 2019, revealed no known occurrences of this species within 1.0 mile of the project study area. Due to the presence of suitable habitat, CWS concludes that this project may affect, but is not likely to adversely affect the bald eagle. However, if an eagle nest is observed within the property at any time during the project related activities, consultation with the USFWS will be required. Northern long-eared bat (Myotis se septentrionalis) The northern long-eared bat (NLEB) is one of the species of bats most impacted by the white -nose syndrome disease. Summer habitat (roosting habitat) of the NLEB includes forests and woodlots containing live trees and/or dead snags greater than three inches diameter at breast height with cavities or crevices. Winter habitat (hibernacula) of the NLEB includes caves, mines, rocky areas, or structures that mimic similar conditions such as culverts greater than 48-inch in diameter.12 The NLEB was listed as Threatened (T) on April 2, 2015. The forested areas within the property are potential habitats for the NLEB. A Standard Local Operating Procedure for Endangered Species Act Compliance (SLOPES) was established for NLEB between the USFWS Asheville and Raleigh Ecological Offices and the United States Army Corps of Engineers (USACE), Wilmington District, on January 31, 2017.13 This SLOPES defines how the USACE will make determinations of effect to the NLEB on projects in which the USACE is the lead federal agency. Alternative Local Procedure 2 (ALP 2) applies for the 6918 Wilkinson Blvd site as the action area is within range of the NLEB,14 the action area is located " https://www.fws.gov/midwest/MidwestBird/eaglepermits/bagepa.htmi 12 United States Fish and Wildlife Service. 2016.4(d) Rule for the Northern Long -Eared Bat; Final rule. https://www.gpo.gov/fdsys/pkg/FR-2016-01-14/pdf/2016-00617.pdf 13 USACE http://saw-reg.usace.army.mil/NLEB/1-30-17-signed_NLEB-SLOPES&apps.pdfw 14 The U.S. Fish and Wildlife Service (USFWS) 2016. https://ww.fws_gov/midwestlendangered/mammals/nleb/pdfMNSZone.pdf Page 4 of 6 6918 Wilkinson Blvd May 8, 2019 Protected Species Habitat Assessment Report CWS Project No. 2019-0008 outside of a red 12-digit HUC as defined by the Asheville Ecological Services Field office,15 and consultation by the USACE is not required on other listed species or critical habitat. The final 4(d) rule exempts incidental take of NLEB associated with activities that occur greater than 0.25 miles from a known hibernaculum site and greater than 150 feet from a known, occupied maternity roost from June 1-July 31. In accordance with the ALP 2 and the final 4(d) rule (effective as of February 16, 2016), any incidental take that may result from associated activities is exempt under the 4(d) rule. Therefore, this project is exempt under the 4(d) rule. Determinations Based on the literature search and the results of the on -site assessment for suitable habitat of federally -protected endangered, threatened, and candidate species, suitable habitat was not observed within the project limits for Schweinitz's sunflower or the Dwarf flowered heartleaf and therefore the proposed project will not affect these species. Suitable habitat was observed for the Bald eagle. No Bald eagles or Bald eagle nests were observed during the site visit, but due to the presence of suitable habitat, CWS concludes that this project may affect, but is not likely to adversely affect the bald eagle. If an eagle nest is observed within the property at any time during the project related activities, consultation with the USFWS will be required. Additionally, based on the project area location, no tree removal activities will occur within a 150-foot radius of a known, occupied NLEB maternity roost from June 1-July 31, and no trees will be removed within 0.25 miles of a known hibemaculum at any time of year. Therefore, any incidental take on NLEB that may result from associated activities is exempt under the 4(d) rule and notifications will follow the SLOPES agreement16. Biological determinations requirements for federally protected species are summarized in Table 2 (below). Table 2. Biological Determination Requirements Summary Table for Federally Protected Species Federal Effect on Listed Biological Scientific Name Common Name Status* Species Determination Required Helianthus schweinitzii Schweinitz's sunflower E No Effect No Hexastylis naniflora Dwarf -flowered heartleaf T No Effect No Myotis septentrionalis Northem-long-eared bat T Exempt/Excepted Yes" Haliaeetus May affect, but not leucocephalus Bald eagle BGEPA likely to adversely Maybe affect E - Endangered, T - Threatened, BGEPA - Bald and Golden Eagle Protection Act ' - Required in accordance with SLOPES, ALP 2 agreement. A biological assessment was not conducted for this project. All biological determinations of effect represent the best professional opinion of CWS and are not official determinations of effect. It is the responsibility of the lead federal agency to render an official determination of effect. Should the lead federal agency agree with CWS's initial findings of no effect, then no USFWS consultation is required to comply with Section 7 of the Endangered Species Act. Should the lead federal agency's determination of effect differ from the findings of CWS, formal or informal consultation with USFWS may be required. 's The U.S. Fish and Wildlife Service (USFWS) 2016. Northern Long -Eared Bat. 16 http:/twww.fws.gov/asheville/htmislproject_review/NLEB_in_WNC.html Page 5 of 6 6918 Wilkinson Blvd Protected Species Habitat Assessment Report May 8, 2019 CWS Project No. 2019-0008 Thank you for the opportunity to provide these services on this important project. Please do not hesitate to contact Aliisa Harjuniemi at 980-259-1222 or aliisa@cws-inc.net should you have any questions or comments regarding this report. Sincerely, /4i"� A�'-Cfi''�' Aliisa Harjuniemi, PWS Project Scientist Christine A. Geist, PWS, CE Consulting Group Manager Attachments: Figure 1: USGS Topographic Map Figure 2: Current USDA-NRCS Soil Map of Gaston County Figure 3: Aerial Imagery Attachment A: NCNHP Data Review Report Attachment B: Representative Photographs (1-4) Page 6 of 6 vrllF RD � vrRsmnB+E�+''Ard 'r. Nf.Clpy�,4� =R ' I :sl lI 11 b M1 Jr / BEL ONE h <EgqlYl r •BELAgNT "... • I s Bt I \' g' Legend N g EB� O Project Limits (38 ac.) 'P 2,000 1,000 0 2,000 Feet REFERENCE: USGS 7.5 MINUTE TOPOGRAPHIC QUADRANGLES). BELMONT AND MOUNT HOLLY, NC (2011). SCALE: DATE: FIGURE NO. 1 inch = 2,000 feet 5/2/2019 ® USGS Topographic Map CM PROJECT NO: DRAWN BY: 1 2019-0008 MLS 6918 Wilkinson Boulevard of COORDINATES: CHECKED BY: C A R O L I N A Gaston County 35.248375,-81.025127 CAG WETLAND SERVICES Belmont, North Carolina 3 GLTeam Dnves\Consdit Team Dr eX201WO19ConsuMP,ecl 019-00088918W,*,. nB CUBur Resources\Figures\F,g..2_USGS.m>m G.iTmm Does Cmsulting Teem Dmie1201912019Consulting Pmjes1s1201�6916WkirmngI PET5VucGISTgum2_CumntSal.md GSTeam Dnves Consulting Team Dwe1201912019 Consutling PmWs@019-00066918 Wilkinson 91WWP SWm I&Flgurs3_MrWLmxd 6918 Wilkinson Blvd Attachments May 8, 2019 CWS Project No. 2019-0008 ATTACHMENT A: NCNHP Report 0 Roy Cooper. Governor ON � NC DEPARTMENT OF Susi Hamilton. Secretary Nunn NATURAL AND CULTURAL RESOURCES • MEN Walter Clark, Director, Land and Water Stewardship April 25, 2019 Megan Shelton Carolina Wetland Services 550 East Westinghouse Blvd Charlotte, NC 28273 RE: Wilkinson Blvd Dear Megan Shelton NCNHDE-8828 The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources for the project referenced above. A query of the NCNHP database indicates that there are records for rare species, important natural communities, natural areas, and/or conservation/managed areas within the proposed project boundary. These results are presented in the attached 'Documented Occurrences' tables and map. The attached 'Potential Occurrences' table summarizes rare species and natural communities that have been documented within a one -mile radius of the property boundary. The proximity of these records suggests that these natural heritage elements may potentially be present in the project area if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile radius of the project area, if any, are also included in this report. If a Federally -listed species is documented within the project area or indicated within a one -mile radius of the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for guidance. Contact information for USFWS offices in North Carolina is found here: hft /A.....v.r fiuc nnv /nffiroc /hircrhnrv/I mtnffiroa rfm?atatcrnrlc=77 Please note that natural heritage element data are maintained for the purposes of conservation planning, project review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions. Information provided by the NCNHP database may not be published without prior written notification to the NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NCNHP data may not be redistributed without permission. Also please note that the NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature Preserve, Registered Heritage Area, Clean Water Management Trust Fund easement, or an occurrence of a Federally -listed species is documented near the project area. If you have questions regarding the information provided in this letter or need additional assistance, please contact Rodney A. Butler at rod nev.butler0)ncdcr.aov or 919-707-8603. Sincerely, NC Natural Heritage Program DEPARTMENT OF NATURAL AND CULTURAL RESOURCES Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Intersecting the Project Area Wilkinson Blvd April 25, 2019 NCNHDE-8828 No Element Occurrences are Documented within the Project Area There are no documented element occurrences (of medium to very high accuracy) that intersect with the project area. Please note, however, that althougl NCNHP database does not show records for rare species within the project area, it does not necessarily mean that they are not present; it may simply mear the area has not been surveyed. The use of Natural Heritage Program data should not be substituted for actual field surveys if needed, particularly if the pr area contains suitable habitat for rare species. If rare species are found, the NCNHP would appreciate receiving this information so that we may update oui database. No Natural Areas are Documented within the Project Area Managed Areas Documented Within Project Area Managed Area Name NC Clean Water Management Trust Fund Easement NC DNCR, Clean Water Management Trust State Fund NOTE: If the proposed project intersects with a conservation/managed area, please contact the landowner directly for additional information. If the project intersects with a Dedicated Nature Pr (DNP), Registered Natural Heritage Area (RHA), or Federally -listed species, NCNHP staff may provide additional correspondence regarding the project. Definitions and an explanation of status designations and codes can be found at httns://ncnhde.natureserve oro/content/helo. Data query generated on April 25. 2019; source: NCNHP, O1 Jan 20 Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database. Page 2 of 4 Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One -mile Radius of the Project Area Wilkinson Blvd April 25, 2019 NCNHDE-8828 Flement OCCUrrerces Documented Within a One -mile Radius of the Project Area Taxonomic EO ID Scientific Name Common N Ele ` State Global S� Group Observation Occurrence Status Status Rank aiwilawmili Date Rank Amphibian 38441 Eurycea quadridigitata Dwarf Salamander 1974-04-02 H? 4-Low --- Special GS S2 Concern Animal 38212 Waterbird Colony --- 2017-02-15 E 2-High --- --- GNR S3 Assemblage Natural 31615 Dry-Mesic Basic --- 2012-08-14 C 2-High --- --- G3G4 S3 Community Oak --Hickory Forest (Piedmont Subtype) Natural 31616 Mesic Mixed Hardwood--- 2012-08-14 C 2-High --- --- G3G4 S4 Community Forest (Piedmont Subtype) Vascular Plant 28867 Carex bushii Bush's Sedge 1983-08-20 H? 3-Medium Significantly G4 S1 Rare Peripheral Natural Areas Documented Within a One -mile Radius of the Project Area Slte Name` Representational Rating Collective Rating Gateway Nature Preserve R3 (High) C4 (Moderate) Managed Areas Documented Within a One -mile Radius of the Project Area Managed Area Name Owner Owner Type NC Clean Water Management Trust Fund Easement NC DNCR, Clean Water Management Trust State Fund Mecklenburg County Open Space Mecklenburg County Local Government Gaston County Open Space Gaston County: multiple local government Local Government Iswa Nature Preserve Mecklenburg County Local Government Definitions and an explanation of status designations and codes can be found at https//ncnhde.natureserve.ora/content/help. Data query generated on April 25, 2019: source: NCNHP, Q1 Jan 20 Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database. Page 3 of 4 NCNHDE-8828: Wilkinson Blvd �. Y „e01 •- � i �� Brwvn Torn0i - \ i vn o• f y 3� \mow 4 t S •,_ _ of 14 .. .a �.i �10 M '. .yP 41..e♦ `` µ f .r �•w�^onC � � rou.. P, .. x April 25, 2019 ❑ Project Boundary ❑ Buffered Project Boundary NHP Natural Area (NHNA) ❑ Managed Area (MAREA) Page 4 of 4 s— 1:23,778 0 0.2 0.4 0.a mi 0 CIM5 0.65 1.3 km S u E . HEM. Gwme, Inl•map. nr.Yr„x P Cary.. GEIICO, J5 , FAG, NPS. NAG GwB.Y. ION, N w M. O� S—".. Et J . 4EP En CN,v INa.q Nvpl. UI OgnEYaeU.Yp aa,M4ulay..�.a IN, OIS uNx ian.ne�N 6918 Wilkinson Blvd Attachments May 8, 2019 CWS Project No. 2019-0008 ATTACHMENT B: Photopage (Photographs 1-4) 6918 Wilkinson Blvd Attachment B: Photopage May 8, 2019 CWS Project No. 2019-0008 Photograph 1. View of unsuitable Schweinitz's sunflower habitat, facing north. � S G fit N. Photograph 2. View of unsuitable Schweinitz's sunflower habitat, facing northwest. Photopage 1 of 2 6918 Wilkinson Blvd May 8, 2019 Attachment B: Photopage CWS Project No. 2019-0008 Photograph 3. View of unsuitable Schweinitz's sunflower habitat, facing nor[hcast. Photograph 4. View of unsuitable Dwarf -flowered heartleaf habitat, facing east. Photopage 2 of 2 6918 Wilkinson Boulevard Attachments ATTACHMENT F: Property Owner Information January 30, 2020 CWS Project No. 2019-0008 3/22/2019 Parcel Details for 186553 Property Information Parcel Number 186553 Mapped Acres 0.5100 Tax Year 2019 . Assessed Value 14.920 Class 1000-Vacant Tax Rate 0.0000 Tax Code 310 - COMMUNITY FD Total Tax $0.00 Neighborhood BEOD6-Park Street Physical Address MCLEAN AVE BELMONT INC 28012 O Property Sketches & Photos Mobile Video File Legal Descriptions Legal Description Subdivision Name Block Lot Dead Book Deed Page MARY A GARRISON L 13-17 15 037A 005 00 000 No Exemptions Related Names as of 1-1-2019 OWNER MADGE S GARRISON REVOC TRUST, Mailing Address 608 LANKASHIRE RD WINSTON SALEM, NC 271040000 Sales History Year Dead Book & Page Selo Type Sale Date Sold By Sold To Price 1998 099E 0667 8/27/1998 MADGE S GARRISON REVOC TRUST $0 1899 07620269 1/1/1899 $0 Land Valuation Property Class Valued Acres Appraised Value RES UNDEVELOPED 0.5100 14,917 No Structure Information Market Value Year Market Land Market Building Market Total 2019 14,920 0 14,920 https:/Igastonnc.devnetwedge.mmtparcellview/l 9655312019?card=true 12 3/22/2019 Parcel Details for 186553 Contact Information 126 W. Main Ave. PO Box 1578 Gastonia, NC 28053-1578 https://gastonnc.devnetwedge.com/parceUview/186553/2019?card=true 2/2 3/2212019 Parcel Details for 186555 Properly Information Parcel Number 186556 Mapped Acres 0.2300 Tax Year 2019 . Assessed Value 6,730 Class 1D00-Vacant Tax Rate 0.0000 Tax Code 310 - COMMUNITY FD Total Tax $0.00 Neighborhood BE006-Park Street Physical Address MCLEAN AVE BELMONT NC 28012 O Property Sketches & Photos Mobile Video File Legal Descriptions Legal Description Subdivision Name Block Lot Dead Book Deed Page MARY A GARRISON L 2D-21 15 037A 007 00 000 No Exemptions Related Names as of 1-1-2019 OWNER MADGE S GARRISON REVOC TRUST, Mailing Address 608 LANKASHIRE RD WINSTON SALEM, NC 271040000 Sales History Year Deed Book 6 Page Sale Type Sale Date Sold By Sold To Price 1998 099E 0667 8/27/1998 MADGE S GARRISON REVOC TRUST $0 1988 1924 0862 711119M $0 1899 07620269 1/1/1899 $0 Land Valuation Property Class Valued Acres Appraised Value RES LAND 0,2300 6,727 No Structure Information Market Value Year Market Land Market Building Market Total 2019 6,730 0 6.730 https://gastonnc.de"etwedge.mnVpar Vview/186556/2019?card=true 1/2 3/22/2019 Parcel Details for 186555 iContact Information _ T 128 W. Main Ave. PO Box 1578 Gastonia, NC 28053-1578 hftps://gastonnc.devnetwedge.com/parcel/view/186555/2019?card=true 2/2 3/22/2019 Parcel Details for 186556 Property Information Parcel Number 186556 Mapped Acres 1.9700 Tax Year 2019 . Assessed Value 39,090 Class 1000-Vacant Tax Rate 0.0000 Tax Code 310-COMMUNITY FD Total Tax $0,00 Neighborhood BE006-Park Street Physical Address MCLEAN AVE BELMONT NC 28012 O Property Sketches & Photos Mobile Video File • 1 Legal Descriptions Legal Description Subdivision Name Block Lot Deed Book Deed Page . 15 037A 008 00 000 No Exemptions Related Names as of 1-1-2019 OWNER MADGE S GARRISON REVOC TRUST, Mailing Address 608 LANKASHIRE RD WINSTON SALEM, NC 271040000 Sales History Year Dead Book & Page Sale Type Sale Date Sold By Sold To Price 1998 099E 0667 8/27/1998 MADGE S GARRISON REVOC TRUST $0 1899 07620269 1/1/1899 s0 Land Valuation Property Class Valued Acres Appraised Value RES LAND 1.9700 39.092 No Structure Information Market Value Year Market Land Market Building Market Total 2019 39,090 0 39,090 https://gastonnc.devnetwedge.com/parceWiew/186556/2019?card=true 1/2 3/22/2019 Parcel Details for 186556 Contact Information --------------------- - - -- ---- ---_ 128 W. Main Ave.--�—�-- _ — -- PO Box 1578 Gastonia, NC 28053-1578 hftps://gastonnc.devnetwedge.com/parcel/view/186556/2019?card=true 2/2 3/22/2019 Parcel Details for 186557 Property Information Parcel Number 186557 Mapped Acres 1.2600 Tax Year 2019 . Assessed Value 33,050 Class 1000-Vacant Tax Rate 0.0000 Tax Code 310 - COMMUNITY FD Total Tax $0,00 Neighborhood BE006-Park Street Physical Address MCLEAN AVE BELMONT NC 28012 O Property Sketches & Photos Mobile Video File is !tio i xt w i y Legal Descriptions Legal Description Subdivision Name Blook Lot Dead Book Deed Page MARY A GARRISON L 22-32 15 037A 009 00 000 No Exemptions Related Names as of 1-1-2019 OWNER MADGE S GARRISON REVOC TRUST, Mailing Address 608 LANKASHIRE RD WINSTON SALEM, NC 271040000 Sales History Year Deed Book S Page Sale Type Sale Date Sold By Sold To Price 1998 099E 0667 8/27/1998 MADGE S GARRISON REVOC TRUST $0 1899 0762 0269 1/1/1899 $0 Land Valuation Property Class Valued Acres Appraised Value RES LAND 1 2600 33,052 No Structure Information Market Value Year Markel Land Markel Building Markel Total 2019 33.050 0 33,050 hftps://gastonnc.devnetwedge.mm/parcel/view/l 86557/2019?card=true 1/2 3/22/2019 Parcel Details for 186557 i Contact Information 128 W. Main Ave. PO Box 1578 Gastonia, NC 28053-1578 hftps://gastonnc.devnetwedge.com/parcel/view/186557/2O19?card=true 2/2 3/22/2019 Parcel Details for 196558 Property Information Parcel Number 186558 Mapped Acres 26.2300 Tax Year 2019 . Assessed Value 341,370 Class 1001 - Vacant 10 Acres 8 Up Tax Rate 0.0000 Tax Code 310 -COMMUNITY FD Total Tax $0.00 Neighborhood BE003 - Belmont Village/N Main/Wilkinson Physical Address MCLEAN AVE BELMONT NC 28012 O Property Sketches & Photos Mobile Video File Legal Descriptions Legal Description Subdivision Name Block Lot Deed Book Deed Page . 15 037A 010 00 000 No Exemptions Related Names as of 1-1-2019 OWNER MADGE S GARRISON REVOC TRUST, Mailing Address 608 LANKASHIRE RD WINSTON SALEM, NC 271040000 Sales History Year Deed Book & Page Sale Type Sale Date Sold By Sold To Price 1998 099E 0667 8/27/1998 MADGE S GARRISON REVOC TRUST $0 1899 0762 0269 1/1/1899 $0 Land Valuation Property Class Valued Acres Appraised Value RES LAND 24.3600 333.801 FLOOD PLAIN 1.8700 7.573 No Structure Information Market Value Year Market Land Market Building Market Total 2019 341,370 0 341,370 https://gastonnc.devnetwedge.coMpareeVview/l 96558/2019?card=true 1/2 3/22/2019 Parcel Details for 186558 Contact Information 128 W. Main Ave. PO Box 1578 Gastonia, NC 28053-1578 https://gastonnc.devnetwedge.com/parcel/view/186558/2019?card=true 2/2 3f22/2019 Parcel Details for 186561 Property Information Parcel Number 186561 Mapped Acres 0.8000 Tax YNr 2019 . Assessed Value 5,640 Class 2000-Commercial Land Tax Rate 0.0000 Tax Code 110 - BELMONT CITY Total Tax $0.00 Neighborhood BE004-Wilkinson Physical Address ALICE AVE BELMONT NC 28012 O Property Sketches 8 Photos Mobile Video File M • • Legal Descriptions Legal Description Subdivision Name Block Lot Deed Book Deed Page MARY A GARRISON L 87-93 15 037A 013 00 000 No Exemptions Related Names as of 1-1-2019 OWNER MADGE 8 GARRISON REVOC TRUST, Mailing Address 608 LANKASHIRE RD WINSTON SALEM, NC 271040000 Sales History Year Dead Book a Page Sale Type sale Date Sold By Sold To Price 1998 099E 0667 8/27/1998 MADGE S GARRISON REVOC TRUST $0 1899 0762 0269 11111899 $0 Land Valuation . Property Class Valued Acres Appraised Value FLOOD PLAIN 0.3300 1,237 0.4700 4,406 No Structure Information Market Value Year Market Land Market Building Market Total 2019 5.640 0 5,640 hgps://gastonnc.devnetwedge.com/parcel/view/l86561/2019?card=true 1/2 3/22/2019 Parcel Details for 186561 i Contact Information 128 W. Main Ave. PO Box 1578 Gastonia, NC 28053-1578 https://gastonnc.devnetwedge.com/parcel/view/l 86561 /2019?card=true 2/2 3/22/2019 Parcel Details for 186562 Property Information Parcel Number 186562 Mapped Acres 0.8600 Tax Year 2019 . Assessed Value 3,230 Class 2000 - Commercial Land Tax Rate 0.0000 Tax Code 110 - BELMONT CITY Total Tax $0.00 Neighborhood BE004-Wilkinson Physical Address ALICE AVE BELMONT NC 28012 O Property Sketches & Photos Mobile Video File Legal Descriptions Legal Description Subdivision Name Block Lot Deed Book Deed Page MARY A GARRISON L 81-86 15 037A 014 00 000 No Exemptions Related Names as of 1-1-2019 OWNER MADGE S GARRISON REVOC TRUST, Mailing Address 608 LANKASHIRE RD WINSTON SALEM. NC 271040000 Sales History Year Deed Book & Page Sale Type sale Data Sold By Sold To Price 1998 099E 0667 8/27/7998 MADGE S GARRISON REVOC TRUST $0 1899 07620269 1/1/1899 $0 Land Valuation Property Class Valued Acres Appraised Value FLOOD PLAIN 0.8600 3,225 No Structure Information Market Value Year Market Land Market Building Market Total 2019 3,230 0 3,230 hftps://gastonnc.devnetwedge.wm/parcel/view/l 86562/2019?card=true 112 3/22/2019 Parcel Details for 186562 Contact Information 128 W. Main Ave. PO Box 1578 Gastonia, NG 28053-1578 https:Hgastonnc.devnetwedge.com/parcel/view/186562/2019?card=true 2/2 3/22/2019 Parcel Details for 186563 Property Information Parcel Number 186563 Mapped Acres 0.6800 Tax Year 2019 - Assessed Value 35,060 Class 2000-Commercial Land Tax Rate 0.0000 Tax Code 110 - BELMONT CITY Total Tax $0.00 Neighborhood BE004-Wilkinson Physical Address WILKINSON BLVD BELMONT NC 28012 O Property Sketches 8 Photos Mobile Video File 186563 Legal Descriptions Legal Description Subdivision Name Block Lot Deed Book Deed Page MARY A GARRISON L 60-65 15 037A 015 00 000 No Exemptions Related Names as of 1-1-2019 OWNER MADGE S GARRISON REVOC TRUST, Mailing Address 608 LANKASHIRE RD WINSTON SALEM, NC 271040000 Sales History Year Deed Book & Page Sale Type Sale Date Sold By Sold To Price 1998 099E 0667 8/27/1998 MADGE S GARRISON REVOC TRUST s0 1899 0762 0269 1/l/1899 $0 Land Valuation Property Class Valued Acres Appraised Value COMM RESIDUAL 0.6800 35.062 No Structure Information Market Value Year Market Land Market Building Market Total 2019 35,060 0 35,060 https://gastonnc.devnetwedge.mm/parcei/view/l 86563/201 9?ca rd=true 1/2 3/22/2019 Parcel Details for 186563 I Contact Information 128 W. Main Ave. PO Box 1578 Gastonia, NC 28053-1578 https://gastonnc.devnetwedge.com/parcel/view/l86563/#19?card=true 2/2 3/22/2019 Parcel Details for 186564 Property Information Parcel Number 186564 Mapped Acres 0.8000 Tax Year 2019 . Assessed Value 41,250 Class 2000-Commercial Land Tax Rate 0.0000 Tax Code 110 - BELMONT CITY Total Tax $0.00 Neighborhood BE004 - Wilkinson Physical Address WILKINSON BLVD BELMONT NC 28012 O Property Sketches & Photos Mobile Video File Legal Descriptions Legal Description Subdivision Name Block Lot Deed Book Deed Page MARY A GARRISON L 66-72 15 037A 016 00 000 No Exemptions Related Names as of 1-1-2019 OYMER MADGE S GARRISON REVOC TRUST, Mailing Address 608 LANKASHIRE RD WINSTON SALEM, NC 271040000 Sales History Year Dead Book & Page Sale Type Sale Dale Sold By Sold To Prim 1998 099E 0667 8/27/1998 MADGE S GARRISON REVOC TRUST $0 1899 0762 0269 1/1/1899 $0 Land Valuation Property Class Valued Acres Appraised Value COMM RESIDUAL 0.8000 41,250 No Structure Information Market Value Year Market Land Market Building Market Total 2019 41,250 0 41,250 https://gastonnc.devnetwedge.mm/parceWiew/l86564/2019?card=true 1/2 3/22/2019 FQo�nlac Information https://gastonnc.devnetwedge.com/parcel/view/18 564/ 1 019?card=true I 2/2 6918 Wilkinson Boulevard Attachments ATTACHMENT G: Photopage (Photographs 1-4) January 30, 2020 CWS Project No. 2019-0008 6918 Wilkinson Boulevard January 30, 2020 Attachment G: Photopage CWS Project No. 2019-0008 Photograph 1. View of Perennial Stream A, facing upstream. y fV G � I •ir'.7r ^. j P4 Photograph 2 View of Perennial Stream B, facing upstream. Photopage 1 of 2 6918 Wilkinson Boulevard January 30, 2020 Attachment G: Photopage CWS Project No. 2019-0008 Photograph 3. View of non jurisdictional upland area, facing southwest. Photograph 4. View of non -jurisdictional upland area, facing southeast. Photopage 2 of 2