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HomeMy WebLinkAbout20200255 Ver 1_PCN Form Submission_20200214DWR mrlslon of Water Resources Pre -Construction Notification (PCN) Form September 29, 2018 Ver 3 Initial Review Has this project met the requirements for acceptance in to the review process?* r Yes r No Is this project a public transportation project?* C Yes r No Change only if needed. BIMS # Assigned 20200255 Is a payment required for this project?* r No payment required r Fee received r Fee needed - send electronic notification Reviewing Office * Nboresville Regional Office - (704) 663-1699 Information for Initial Review 1a. Name of project: Winterlake Drive site 1a. Who is the Primary Contact?* Daniel Kuefler 1b. Primary Contact Email:* d a n ie I. kuefle r@wetl ands-epg. co m Date Submitted 2/14/2020 Nearest Body of Water Catawba Creek Basin Catawba Water Classification C Site Coordinates Latitude: 35.2302 A. Processing Information County (or Counties) where the project is located: Gaston Is this project a public transportation project?* r Yes r No Longitude: -81.1654 1a. Type(s) of approval sought from the Corps: W Section 404 Permit (wetlands, streams and waters, Clean Water Act) r Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) 1b. What type(s) of permit(s) do you wish to seek authorization? * Nationwide Permit (NWP) * Regional General Permit (RGP) 7 Standard (IP) Version#* 1 What amout is owed?* IT $240.00 r $570.00 Select Project Reviewer* Alan Johnson:eads\adjohnson1 1c. Primary Contact Phone:* (336)554-2728 1c. Has the NWP or GP number been verified by the Corps? r Yes r No Nationwide Permit (NWP) Number: NWP Numbers (for multiple NWPS): 1d. Type(s) of approval sought from the DWR: W 401 Water Quality Certification - Regular r Non-404 Jurisdictional General Permit F Individual Permit 29 - Residential Developments le. Is this notification solely for the record because written approval is not required? For the record only for DWR401 Certification: For the record only for Corps Permit: F 401 Water Quality Certification - E)iress F Riparian Buffer Authorization 1f. Is this an after -the -fact permit application?* r Yes r No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? r Yes r No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? r Yes r No Acceptance Letter Attachment 1h. lathe project located in any of NC's twenty coastal counties? r Yes r No 1j. Is the project located in a designated trout watershed? r Yes r No B. Applicant Information 1d. Who is applying for the permit? r Owner W Applicant (other than owner) le. Is there an Agent/Consultant for this project?* r Yes r No 2. Owner Information 2a. Name(s) on recorded deed: JM Gunter Family Trust 2b. Deed book and page no.: 2c. Responsible party: Roberta Gunter 2d.Address Street Address 113 Patrick Street Address tine 2 City Gastonia Postal / Zip Cate 28054 2e. Telephone Number: (704)864-6828 2g. Email Address:* daniel.kuefler@wetlands-epg.com 3. Applicant Information (if different from owner) State / Province / Region NC Country Gastonia 2f. Fax Number: r Yes r No r Yes r No 3a. Name: Thomas Pearson 3b. Business Name: JP Development Group 3c.Address Street Address 4301 Fairview Oaks Drive Address Line 2 CKY Charlotte Postal / Zip Code 28217 3d. Telephone Number: (704)617-7200 3f. Email Address:* daniel. kuefler@v,etlands-epg. com 4. Agent/Consultant (if applicable) 4a. Name: Daniel Kuefler 4b. Business Name: Wetlands & Environmental Planning Group 4c.Address Street Address 10612-D Providence Road Address tine 2 City Charlotte Postal / Zip Code 28227 4d. Telephone Number: (336)554-2728 4f. Email Address:* heath.caldvvell@vvetlands-epg.com Agent Authorization Letter* agent auth _duplicate.pdf State / Province / legion NC Country USA 3e. Fax Number: State / Prmince / legion NC Country USA 4e. Fax Number: 67.31 KB C. Project Information and Prior Project History C^U 1. Project Information 1b. Subdivision name: (if appropriate) 1c. Nearest municipality/ town: Gastonia 2. Project Identification 2a. Property Identification Number: please see attached parcel map 2c. Project Address Street Address Intersection of Elam Street & Winterlake Drive Address Line 2 City Gastonia Postal / Zip Code 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* Catawba Creek 3b. Water Resources Classification of nearest receiving water:* C 2b. Property size: 19.2 State / Province / Region NC Country 3c. What river basin(s) is your project located in?* Catawba 3d. Please provide the 12-digit HUC in which the project is located. 030501011502 4. Project Description and History 4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application:* The entire site is wooded; there is a disturbed pine dominated forest on the upland slopes, and the lower slopes and stream corridors are dominated by a disturbed mixed hardwood forest community. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?* r Yes r No r Unknown 4d. Attach an 8 1/2 X 11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site. (for DWR) usgs _duplicate.pdf 127.59KB 4e. Attach an 8 1/2 X 11 excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. (for DWR) soils _duplicate.pdf 177.76KB 4f. List the total estimated acreage of all existing wetlands on the property: 0.155 4g. List the total estimated linear feet of all existing streams on the property: 1015 4h. Explain the purpose of the proposed project:* The project consists of one road crossing, grading, fill & sewer installation for a mixed -use development. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* Excavation and grading of the site will use standard equipment - excavator, dump trucks, track hoe, etc. 4j. Please upload project drawings for the proposed project. plans _duplicate.pdf 1.51MB 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the propertyor proposed impact areas?* r Yes r No r Unknown Comments: The site was field -verified by USACE (Catherine Janiczak) on 7/10/19. A copy of the signed Notification of Jurisdictional Determination (PJD) is attached. 5b. If the Corps made a jurisdictional determination, what type of determination was made?* r Preliminary r Approved r Not Verified r Unknown r N/A Corps AID Number: SAW-2019-00967 5c. If 58 is yes, who delineated the jurisdictional areas? Name (if known): Nic Nelson Agency/Consultant Company: WEPG Other: 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR The site was field -verified by USACE (Catherine Janiczak) on 7/10/19. A copy of the signed Notification of Jurisdictional Determination (PJD) is attached. Sd1. Jurisdictional determination upload deliniation _duplicate.pdf 168.54KB 6. Future Project Plans 6a. Is this a phased project?* r Yes O No 7b. If yes, explain. Future modifications to the existing on site dam are expected in order to meet safety requirements. Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity? No. [D. Proposed Impacts Inventory 1. Impacts Summary la. Where are the impacts associated with your project? (check all that apply): W Wetlands W Streams -tributaries r Buffers r Open Waters r Pond Construction 2. Wetland Impacts 2a. Site #* (?) 2a1 Reason (?) 2b. Impact type * (?) �2�e of W. 2d. W. name * 2e. Forested * 2f. Type of 2g. Impact Jurisdicition*(?) 11 area N1 Road Crossing P Bottomland Hardwood Forest Wetland D Yes Corps 0.066 (acres) 2g. Total Temporary Wetland Impact 0.000 2g. Total Wetland Impact 0.066 2g. Total Permanent Wetland Impact 0.066 2h. Comments: 0.066 ac of impacts to wetland D. A french drain will be installed to maintain hydrology to the top of the unimpacted portion of the wetland. 3. Stream Impacts ❑ 3a. Reason for impact (?) 3b.lmpact type * 3c. Type of impact * 3d. S. name * 3e. Stream Type * 3f. Type of 3g. S. width * 3h. Impact (?) Jurisdiction* length* Road Crossing Permanent Culvert Stream C Perennial Corps 3 82 S1 g p Average (feet) (lir�rfeet) 3P Road Crossing Temporary Dewatering Stream C Perennial Corps 3 Average (feet) 10 (lir�rfeet) 31. Total jurisdictional ditch impact in square feet: 0 31. Total permanent stream impacts: 82 31. Total stream and ditch impacts: 92 31. Total temporary stream impacts: 10 3j. Comments: Riprap installed downstream of the culvert for bank stabilization will be installed above the Ordinary High Water Mark to avoid additional stream impacts. E. Impact Justification and Mitigation 1. Avoidance and Minimization la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: Due to the location of the on site streams and wetland, opportunities to avoid these areas were limited. Impacts to site surface waters associated with the proposed development were limited through site selection, location, design, & location/orientation of the proposed lots and access routes. The road crossing has been designed to be as narrow as possible with 2:1 slopes. Baffles will be used within the culvert to aid in the accumulation and retention of natural substrate. A french drain will be installed near the top of the unimpacted portion of wetland C to maintain hydrology. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Construction techniques will implement approved erosion control methods to avoid/minimize impacts to onsite/adjacent offsite receiving conveyances. Rip rap installed to armor the banks below the road crossing will be placed above the OHWM and will not require additional impacts. Utility crossings will be bored to avoid additional impacts. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? r Yes r No 2b. If this project DOES NOT require Compensatory Mitigation, explain why: F. Stormwater Management and Diffuse Flow Plan (required by DWR) 1. Diffuse Flow Plan la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? r Yes r No If no, explain why: 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?* r Yes r No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? r Yes r No 2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater program? r Yes r No 2d. Which of the following stormwater management program(s) apply: W Local Government F State Local Government Stormwater Programs V Phase II r NSW r USMP r Water Supply Please identify which local government stormwater program you are using. City of Gastonia Comments: Storm water on the site will be handled by facilities shown on the attached plans. The stormwater plan has not yet been submitted to the City of Gastonia but will be designed to meet their criteria. G. Supplementary Information 1. Environmental Documentation la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?* r Yes r No 2. Violations (DWR Requirement) 2a. Is the site in violation of DWR Water Quality Certification Rules (15ANCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15A NCAC 2B .0200)? * r Yes f• No 3. Cumulative Impacts (DWR Requirement) 3a. Will this project result in additional development, which could impact nearby downstream water quality?* r Yes r No 3b. If you answered "no," provide a short narrative description. Future upgrades to the existing dam onsite are anticipated for safety reasons but are not expected to result in additional impacts. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* r Yes r Nor WA 4b. Describe, in detail, the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated at a treatment plant, list the capacity available at that plant. Wastewater generated on the site will be transported to the nearest treatment facility via sewer lines. 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or habitat?* r Yes r No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* r Yes f• No 5d. Is another Federal agency involved?* r Yes r No r Unknown Se. Is this a DOT project located within Division's 1-8? r Yes r No 5f. Will you cut any trees in order to conduct the work in waters of the U.S.? r Yes r No 5g. Does this project involve bridge maintenance or removal? r Yes r No 5h. Does this project involve the construction/installation of a wind turbine(s)?* r Yes r No 5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.? r Yes r No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? A threatened/Endangered species assessment was conducted in which no species were identified. Habitat does exist for the Northern Long Eared Bat but the project is exempt as noted in the included T&E report. Consultation Documentation Upload T&E_duplicate.pdf 226.45KB 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?* r Yes r No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?* No essential fish habitat in this region. 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?* r Yes r No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* SHPO's website: http://gis.ncdcr.gov/hpoweb/ 7c. Historic or Prehistoric Information Upload 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain?* r Yes r No 8c. What source(s) did you use to make the floodplain determination?* GastonCounty GIS; www.fema.gov Miscellaneous c^U Comments A compiled PCN packet is attached, including ORM, cover letter, forms, photos, authorizations and other supplementary documentation. Miscellaneous attachments not previously requested. Winterlake PCN _compiled 021420.pdf 5.66MB Signature U * W By checking the box and signing below, I certify that: • I have given true, accurate, and complete information on this form; I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); • I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); • I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND • I intend to electronically sign and submit the PCN form. Full Name: Daniel Kuefler Signature Date 2/14/2020 Wetlands and Environmental Planning Agent Authorization Letter Leonard S. Rirdner. PLLC. The purpose of this form is to authorize our firm to act on your behalf in matters related to aquatic resource (i.e. stream/wetlands) identification/mapping and regulatory permitting. The undersigned, who are either registered property owners or legally authorized to conduct due diligence activities on the property as identified below, do hereby authorize associates of Leonard S. Rindner, PLLC, Wetlands and Environmental Planning Group (WEPG) to act on my behalf and take all actions necessary for the processing, issuance, and acceptance of applicable permit(s) and/or certification(s). Project/Site Name: Winterlake Drive site Property Address: Winterlake Drive /Elam Street, Gastonia, NC Parcel Identification Number (PIN): 3554367139, 3554366093, 3554366725, 3554352765, 3554259284, 3554350294, 3554352203,3554353222, 3554354250 Select one: I am other Name: Thomas D. Pearson Company: J P Development Group, LLC Mailing Address: 14301 Fairview Oaks Drive, Charlotte, N. C. 282117 Telephone Number: 704-617-7200 Electronic Mail Address: tdpearson@bellsouth.net Property Ownerf Interested Buyer* /Other Date * The Interested Buyer/Other acknowledges that an agreement and/or formal contract to purchase and/or conduct due diligence activities exists between the current property owner and the signatory of this authorization in cases where the property is not owned by the signatory. Charlotte Office: www.wetiands-epg.com Ashevilla Office, i 612-D Providence Rd, 1070 Tunnel Rd., Bldg. l PIXIE' 550 Suite 10, PMB 283 Charlotte, NC 28277 Asheville, NC 28805 (704)904-2277 ien.rindner@wetlands-epg.com Winterlake Drive Gaston County, NC USGS MAP Subject to USACE/NCDEQ verification FIGURE 05/01/18 Prepared for: Acres: +/- 19.2 LOCATION Lat: 35.2302 ºN Long: -81.1654 ºW HUC: 03050101 (Catawba) PROJECT BOUNDARY STUDY LIMITS USGS QUAD Gastonia South, NC SCALE 1:24,000 ACRES 19.2 3 Pearson Land Corporation Winterlake Drive Gaston County, NC SOILS MANUSCRIPT MAP Subject to USACE/NCDEQ verification FIGURE 05/01/18 Prepared for: Acres: +/- 19.2 PROJECT BOUNDARY STUDY LIMITS 5 Pearson Land Corporation VICINITY MAP NO SCALE N BFTF- 1 b WI E I M� No"N", �it 8DANROS BASED CH •'�`++ nc GRID Nw as 1 ryr, 'w PER fl,-, S�ATC SG590f1 t • i ••�� - .- - -- - i � _��I r 7 �yl � 0A I � 7 r r l • j � _ _ _ Jr/ f!I I 330,49LF.� 0A22 ACRE p,Q73 ACRE' I `. `,•f i� 1 1 I I 'I AL H + r f F. ! Y .RE r I I Iy r , 1 R° qP Y r� TLAND C ' ISB A�C[[E L ,yam .1 Y. STREAM R `. GM2 r� AWL FT • - - r - -r -iWr� i Nl•. . - .- .•W ..�` •--- J1 .. .'fir :��, GRAPHIC SCALE no 0 100 P00-- l— I r m w �r�rrr�.r7r��arww Folio E �a�•zvR�Wwr SHEET TITLE E%!S!"IlITG MW COMMONS PROJECT yip' WBMZRUM D)= PROPAWY otarm ■r CITY OF GAST N, GAS70N COW N C. rwrn A'!J Yewaruouoe a7rvo ying t ii[3uts, ng y�rl�■■iri a Srrr.rlsr 8 Is..riNr i mlrcr Ork omd AQ um MC Corpw�L, �a K-Lh Ctrdhw 96475 Pia Wh C-61%, =94 Mf1PA iL`'0.7. 40U4um 404.660.0lmvj ., I v 6 an i r RIP RAP STREAM BANK ABOVE THE HIGH WATER MARK FOR STABILIZATION (TYP.) 10' TEMPORARY ACCESS/DEWATERING DURING CULVERT CONSTRICTION —� 1 V� i L PERENNIAL STREAM C Ij IMPACT 82 LF. 1 CDs C -GR PER OPUS J 177'3-48?'RCP 1-i lilt 45 0 82 LF. STREAM IMPACT 0.066 AC. WETLAND IMPACT o GRAPHIC SCALE 60 0 30 60 120 1 inch = 60 ft. PROJECT NO. SHEET TITLE SAW-2019--00967 - WETLAND IMPACT DETAIL 'A " SCALE "6 0' GATE 01/08/20 Q_ (7Ll CRAWR BY ea) PROJECT WKD SESSION W.RRLAKE DRIVE PROPERTY CHECKED BY 4 CITY OF GASTONIA, GASTON COUNTY, N.C. FOR: PEARSON LAND CORPORATION 1 WIM lly. YARBRouGNMmuAMS & H®US..E9 INc. DRAASRG NO. Planning U Surveying o Engineering 730 Windsor Oak Caput P.O. Bo: Elea NC Corporate Charlotte. North Carolina, 28273 Pineville. North Carolina, 28134 ��___ Registration IC-0476 704.555.1990 704.556.0505(fas) 3 or 6 I J 7 of 1 ��/F,S T.E. I a C r _-ATER EDCF 51 Et 4i.1 1 J E't - pQHO A� ,ti❑ A47 3 Etp' e _ 1 S E31 R 4ko r INTERMITTENT STREAM B + 1IL , PROPOSED SEWER CROSSING 1 46 �� �i I TO BE BORED 1 1 il31 NO -IMPACT l 0 LF. STREAM IMPACT 1 I I 0 AC. WETLAND IMPACT GRAPHIC SCALE B❑ 0 30 60 120 z inch = 60 ft. BEARINGS BASED ON NC GRID(NAD 03) PER OPUS STATIC SESSION SHEET TITLE NOW OR FORMERLY SAW T2039_QC9P PROJECT NO, U�'.IL TY GROSSING DETAIL "B 1 " 60' DATE 01/08/20 P PROJECT aenwN av wKn WDUMLAIM DRIVE PROPERTY CHECKED BY CITY OF GASTONIA, GASTON COUNTY, NC FOR: PEARSON LAND v� �CORPORATION �p p�� MAPPED BY. ARBRouGH- WILLums & HotTLEy INC. DRAWNG NO. pnning o Srtrveying o En inaering ,la { P 734 tSndeor Qafr Court P.O.Y 1198 NC Corporate Charlotte, North Carolina. 282n Plaevllle, North Carolina, 28134 Registration #C-0475 704.556.1090 704.558.M(fa:) sHr 4 of 6 SFiTS Winterlake Drive Gaston County, NC DELINEATION MAP Subject to USACE/NCDEQ verification FIGURE 7 05/17/18 Updated 7/10/19 Prepared for: Pearson Land Corporation Acres: +/- 19.2 PROJECT BOUNDARY STUDY LIMITS PERENNIAL STREAM C -450 lf PIPE CULVERT INTERMITTENT STREAM B - lf CULVERT POND A -1. ac WETLAND E (Fringe around pond) -0. ac Drawn By: DCK Reviewed By: LSR 1 2 3 4 DAM 5 6 7 8 9 10 PERENNIAL STREAM H - 0 lf WETLAND F -0.0 ac WETLAND D -0.0 ac USACE WET FORM E USACE UPLAND DP1 NCDEQ STR FORM C NCDEQ STR FORM B PERENNIAL STREAM I - 1 5 lf USACE Verification 7/10/19 *** USACE Verification 7/10/19 *** Threatened / Endangered / Protected Species Evaluation For Winterlake Drive Gaston County, North Carolina By: Lisa R. Gaffney January 21, 2020 Winterlake Drive - Threatened / Endangered / Protected Species Evaluation 222 GENERAL LANDSCAPE DESCRIPTION: The Winterlake Drive site (+/-19.2 acres) is located just west of Winterlake Drive, just east of Hwy 274, and just north of Elam Street in Gaston County, North Carolina. It can be found on the Gastonia South USGS Topographic Quadrangle Map; latitude is 35.2302 N, longitude is -81.1654 W. The topography consists of moderate slopes grading into a pond and an unnamed tributary to Catawba Creek, with the elevation ranging from 740 to 770 ft. (Figure 1). The entire site is wooded; there is a disturbed pine dominated forest on the upland slopes, and the lower slopes and stream corridors are dominated by a disturbed mixed hardwood forest community. Figure 1: Winterlake Drive - Threatened / Endangered / Protected Species Evaluation 3333 METHODOLOGY: The US Fish and Wildlife Service website http://www.fws.gov/endangered/ was referenced to determine the occurrence of Threatened, Endangered and Protected species for Gaston County North Carolina, the results of which are listed below (Table 1). Maps and aerial photographs were assembled, and the site was investigated January 15, 2020. Table 1: Threatened / Endangered / Protected Species listed for Gaston County *Source: US Fish & Wildlife Service **Data search on January 15, 2020 Group Name Status Flowering Plants Dwarf-flowered heartleaf (Hexastylis naniflora) Threatened Flowering Plants Schweinitz's sunflower (Helianthus schweinitzii) Endangered Reptiles Bog turtle (Glyptemys muhlenbergii) Similarity of Appearance (Threatened) Mammals Northern Long- Eared Bat (Myotis septentrionalis) Threatened Birds Bald Eagle (Haliaeetus leucocephalus) Protected under the Bald and Golden Eagle Protection Act Winterlake Drive - Threatened / Endangered / Protected Species Evaluation 444 SPECIES DESCRIPTIONS: Two plant species with federal protection are listed as potentially occurring in Gaston County: Schweinitz’s Sunflower (Helianthus schweinitzii), listed as Federally Endangered, is typically found in open habitats which historically have been maintained by wildfires and grazing bison and elk herds. Now most occurrences are limited to roadsides, woodland and field edges, and utility rights-of-way (ROW). Dwarf-flowered Heartleaf (Hexastylis naniflora), listed as Federally Threatened, is only found in the upper Piedmont of North and South Carolina. It grows in acidic soils along bluffs and adjacent slopes,often in association with mountain laurel. Three animal species with federal protection are listed as potentially occurring in Gaston County: Bald Eagle (Haliaeetus leucocephalus), protected by the Bald and Golden Eagle Protection Act, typically inhabits forested areas near large bodies of open water such as lakes, marshes, seacoasts and rivers, where there are suitable fish populations and tall trees for nesting and roosting. Bog Turtle (Glyptemys muhlenburgii), Bog turtles live in the mud, grass and sphagnum moss of bogs, swamps, and marshy meadows. These wetlands are usually fed by cool springs flowing slowly over the land, creating the wet, muddy soil needed by the turtles. Northern Long-eared Bat (Myotis septentrionalis), listed as Federally Threatened. During summer, northern long-eared bats roost singly or in colonies underneath bark, in cavities, or in crevices of both live and dead trees. Males and non-reproductive females may also roost in cooler places, like caves and mines. It has also been found, rarely, roosting in structures like barns and sheds. Northern long-eared bats spend winter hibernating in caves and mines, called hibernacula. Winterlake Drive - Threatened / Endangered / Protected Species Evaluation 5555 RESULTS: The entire site is wooded; there is a disturbed Loblolly Pine (Pinus taeda) dominated forest on the upland slopes, and the lower slopes, pond buffer and stream corridor are dominated by a disturbed mixed hardwood forest community. An overhead power line parallels Elam Street. There are small trails throughout the site. The disturbed pine dominated forest on the slopes has an average diameter at breast height (dbh) for the canopy trees of 14 inches, with some larger trees up to 36 inches dbh present. Mixed Oaks and Hickories dominate on lower slopes and drainages. Canopy trees present include Loblolly Pine, Virginia Pine (Pinus virginiana), Shortleaf Pine (P.echinata), Sweetgum (Liquidambar styraciflua), Tulip Poplar (Liriodendron tulipifera), White Oak (Quercus alba), Red Oak (Q. rubra), Southern Red Oak (Q. falcata), Willow Oak (Q. phellos), Mockernut Hickory (Carya tomentosa), Hackberry (Celtis laevigata), American Elm (Ulmus americana), and White Ash (Fraxinus americana). Subcanopy species present are, Red Maple (Acer rubrum), Sourwood (Oxydendrum arboreum,Flowering Dogwood (Cornus florida), American Holly (Ilex opaca), Winged Elm (Ulmus alata), Black Cherry (Prunus serotina), Eastern Red Cedar (Juniperus virginiana), and Black Gum (Nyssa sylvatica). The shrub layer includes Chinese Privet (Ligustrum sinense), Multiflora Rose (Rosa multiflora), Blueberry (Vaccinium spp.), and Russian Olive (Elaeagnus angustifolia). Vines present are Kudzu (Pueraria lobata), Japanese Honeysuckle (Lonicera japonica), Virginia Creeper (Parthenocissus quinquefolia), Muscadine (Vitis rotundifolia), Catbrier (Smilax sp.), and Poison Ivy (Toxicodendron radicans). The herb layer is sparse, and includes Bracken Fern (Pteridium aquilinum), Christmas Fern (Polystichum acrostichoides), Spotted Wintergreen (Chimaphila maculata), Running Pine (Lycopodium flabelliforme), Downy Rattlesnake Plantain (Goodyera pubescens), Violets (Viola spp.), and Japanese Stilt Grass (Microstegium vimineum). The roadsides along Winterlake Drive and Elam Street have turf grass shoulders and ditches, along with patches of narrow weedy buffers including scrub/shrub thickets. The overhead power line on Elam Street has been both herbicided and mowed. Johnson grass (Sorghum halepense), and Broomsedge (Andropogon virginicus) are dominant, species including Blackberry (Rubus sp.), Winged Sumac (Rhus copallinum), Sericea Lespedeza (Lespedeza cuneata), Goldenrod (Solidago sp.), Ragweed (Ambrosia sp.), Pokeweed (Phytolacca americana), Wingstem (Verbescina sp.), and Dogfennel (Eupatorium capillifolium). Winterlake Drive - Threatened / Endangered / Protected Species Evaluation 6666 Threatened / Endangered / Protected Species Results Potential habitat for Dwarf-flowered Heartleaf was examined; no suitable habitat is present and no individuals of this species were observed. The potential habitat for Schweinitz’s Sunflower along the roadside, transitional areas and woods edges were examined. There was no suitable habitat for this species, and it was not present. The site has no suitable habitat for Bog Turtles. No individuals were observed during the survey nor would any be expected on-site. No suitable nesting habitat exists on the site for Bald Eagles, and there were no sightings nor were any nesting sites observed. Comparing this site location to the USFWS Asheville office’s website (http://www.fws.gov/asheville/htmls/project_review/NLEB_in_WNC.html) it appears that the site meets the “exempt” criteria which requires no further action under section 7 of the Endangered Species Act for the Northern Long-eared Bat. RECOMMENDATIONS: Based on the site investigation and the review of available data, WEPG did not identify any protected species occurring on the subject property. No further investigation of the presence of protected species on this site is recommended at this time. Respectfully submitted, _________________ Lisa R. Gaffney Biologist January 21, 2020 Winterlake Drive - Threatened / Endangered / Protected Species Evaluation 7777 Curriculum Vitae for: Lisa R. Gaffney Biologist / Botanist B.S. Biology, University of North Carolina at Charlotte Ms. Gaffney is a classically trained botanist and natural resource biologist, and has conducted field work and investigative studies covering thousands of cumulative acres in both North and South Carolina since 1996, including: Cabarrus County NC Natural Heritage Inventory 1997-1998. Organized, directed, and worked in field survey of natural areas in Cabarrus County for the North Carolina Natural Heritage Program. Lincoln County NC Natural Heritage Inventory 2000-2001. Organized, directed, and worked in field survey of natural areas in Lincoln County for the North Carolina Natural Heritage Program. Threatened and Endangered Species Surveys and Natural Communities Evaluation for over 45,000 acres in North and South Carolina, 1996 - present. Located and identified at least six previously unreported populations of Federally Endangered Schweinitz's Sunflower (Helianthus schweinitzii). Located and identified four previously unreported populations of Threatened Dwarf Heartleaf (Hexastylis naniflora). Located a previously unknown population of Federally Endangered Schweinitz's Sunflower at Redlair Farm in Gaston County, NC. This discovery led (in part) to the purchase of the site by the State of North Carolina Plant Conservation Program, now called Redlair Preserve. This population has become a Recovery Site for the species. Participated in numerous Piedmont Prairie restoration projects in Mecklenburg, Union, Cabarrus and Gaston Counties, North Carolina.