20200255 Ver 1_USACE PCN Compiled_20200214

Preliminary ORM Data Entry Fields for New Actions
SAW – 201 BEGIN DATE [Received Date]:
Prepare file folder Assign Action ID Number in ORM
1.Project Name [PCN Fm A2a]:
2.Work Type: Private Institutional Government Commercial
3.Project Description / Purpose [PCN Form B3d and B3e]:
4.Property Owner / Applicant [PCN Form A3 or A4]:
5.Agent / Consultant [PCN Form A5 – or ORM Consultant ID Number]:
6.Related Action ID Number(s) [PCN Form B5b]:
7.Project Location - Coordinates [PCN Form B1b]:

8.Project Location - Tax Parcel ID [PCN Form B1a]:
9.Project Location – County [PCN Form A2b]:
10.Project Location – Nearest Municipality or Town [PCN Form A2c]:
11.Project Information – Nearest Waterbody [PCN Form B2a]:

Authorization: Section 10 Section 404 Section 10 & 404
Regulatory Action Type:
Standard Permit
Nationwide Permit #
Regional General Permit #
Jurisdictional Determination Request
Pre-Application Request
Unauthorized
Compliance

Revised 20150602
9 967
Winterlake Drive site
✔
PCN for a residential development
Pearson Land Corporation (Applicant)
Leonard S. Rindner, PLLC / WEPG
35.2302 N/-81.1654W - Intersection of Elam Street & Winterlake Drive, Gastonia, NC
Numerous parcels - tax parcel map attached
Gaston
Gastonia
Catawba Creek
03050101 Catawba
✔
✔29
1
Subject: SAW-2019-00967; Pre-Construction Notification for NWP 29 for the Winterlake
Drive site, Gastonia, Gaston County, NC.
2
Permit Application Permit Application
Page 1 of 10
PCN Form – Version 1.4 January 2009
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: Section 404 Permit Section 10 Permit
1b. Specify Nationwide Permit (NWP) number: or General Permit (GP) number:
1c. Has the NWP or GP number been verified by the Corps? Yes No
1d. 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
1e. 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:
Yes 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 No
1g. Is the project located in any of NC’s twenty coastal counties. If yes, answer 1h
below. Yes No
1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? Yes No
2. Project Information
2a. Name of project:
2b. County:
2c. Nearest municipality / town:
2d. Subdivision name:
2e. NCDOT only, T.I.P. or state project no:
3. Owner Information
3a. Name(s) on Recorded Deed:
3b. Deed Book and Page No.
3c. Responsible Party (for LLC if
applicable):
3d. Street address:
3e. City, state, zip:
3f. Telephone no.:
3g. Fax no.:
3h. Email address:
Winterlake
Gaston
Gastonia
JM Gunter Family Trust
please refer to attached parcel map
Roberta Gunter
113 Patrick Street
Gastonia,NC, 28054
704-864-6828
[e-mail] / [e-mail]
29
Page 2 of 10
4. Applicant Information (if different from owner)
4a. Applicant is: Agent Other, specify:
4b. Name:
4c. Business name
(if applicable):
4d. Street address:
4e. City, state, zip:
4f. Telephone no.:
4g. Fax no.:
4h. Email address:
5. Agent/Consultant Information (if applicable)
5a. Name:
5b. Business name
(if applicable):
5c. Street address:
5d. City, state, zip:
5e. Telephone no.:
5f. Fax no.:
5g. Email address:
Thomas Pearson
J P Development Group
4301 Fairview Oaks Drive
Charlotte, NC 28217
704-617-7200
[e-mail]
Daniel Kuefler
Leonard S. Rindner, PLLC - Wetlands & Environmental Planning Group
10612-D Providence Road, PMB 550
Charlotte, NC 28227
336-554-2728
[e-mail]
Developer
Page 3 of 10
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):
1b. Site coordinates (in decimal degrees): Latitude: Longitude:
1c. Property size: acres
2. Surface Waters
2a. Name of nearest body of water to proposed project:
2b. Water Quality Classification of nearest receiving water:
2c. River basin:
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:
3b. List the total estimated acreage of all existing wetlands on the property:
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
3d. Explain the purpose of the proposed project:
3e. Describe the overall project in detail, including the type of equipment to be used:
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
project (including all prior phases) in the past?
Yes No Unknown
Comments:
4b. If the Corps made the jurisdictional determination, what type
of determination was made? Preliminary Final
4c. If yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company:
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
5. Project History
5a. Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past? Yes No Unknown
5b. If yes, explain in detail according to “help file” instructions.
6. Future Project Plans
6a. Is this a phased project? Yes No
6b. If yes, explain.
please see attached parcel map
-81.1654
19.2
Catawba Creek
C
03050101
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.
0.155
The project consists of one road crossing, grading, fill & sewer installation for a mixed-use development.
Excavation and grading of the site will use standard equipment - excavator, dump trucks, track hoe, etc.
WEPG
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.
Future modifications to the existing on site dam are expected in order to meet safety requirements.
35.2302
1,015
See comment below
Nic Nelson
Page 4 of 10
PCN Form – Version 1.4 January 2009
C. Proposed Impacts Inventory
1. Impacts Summary
1a. Which sections were completed below for your project (check all that apply):
Wetlands Streams – tributaries Buffers Open Waters 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
Temporary (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
S2
S3
S4
S5
S6
3h. Total stream and tributary impacts
3i. Comments:
Fill Bottomland Hardwood Forest Yes Corps 0.066
Yes/No -
Yes/No -
Yes/No -
Yes/No -
Yes/No -
0.066
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.
Culvert Stream C PER 82
Stream C 3 10
92
Riprap installed downstream of the culvert for bank stabilization will be installed above the Ordinary High Water Mark to avoid additional stream
impacts.
P
-
-
-
-
-
Choose one
Choose one
Choose one
Choose one
Choose one
Choose one
Choose one
Choose one
Choose one
Choose one
P
T
-
-
-
-
Access / Dewatering
Choose one
Choose one
Choose one
Choose one
PER
-
-
-
-
-
-
-
-
Page 5 of 10
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 individually 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)
O1
O2
O3
O4
4f. Total open water impacts
4g. Comments:
5. Pond or Lake Construction
If pond or lake construction proposed, then complete the chart below.
5c.
Wetland Impacts (acres)
5d.
Stream Impacts (feet)
5e.
Upland
(acres)
5a.
Pond ID number
5b.
Proposed use or
purpose of pond
Flooded Filled Excavated Flooded Filled Excavated
P1
P2
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? Neuse Tar-Pamlico Catawba Randleman 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
B2
B3
B4
B5
B6
6h.Total Buffer Impacts:
6i. Comments:
Choose one Choose
Choose one
Yes/No
-
-
-
-
Choose one
Choose one
Choose one
Choose
Choose
Choose
Choose one
-
-
-
-
-
-
Yes/No
Yes/No
Yes/No
Yes/No
Yes/No
)
Page 6 of 10
PCN Form – Version 1.4 January 2009
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
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?
Yes No
2b. If yes, mitigation is required by (check all that apply): DWQ Corps
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:
Type:
Type:
Quantity:
Quantity:
Quantity:
3c. Comments:
4. Complete if Making a Payment to In-lieu Fee Program
4a. Approval letter from in-lieu fee program is attached. Yes
4b. Stream mitigation requested: linear feet
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:
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
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.
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.
Choose one
Choose one
Choose one
Choose one
Page 7 of 10
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 3 (2 for Catawba)
Zone 2 1.5
6f.Total buffer mitigation required:
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 8 of 10
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
within one of the NC Riparian Buffer Protection Rules?
Yes No
1b. If yes, then is a diffuse flow plan included? If no, explain why.
Yes No
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project? %
2b. Does this project require a Stormwater Management Plan? 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:

2e. Who will be responsible for the review of the Stormwater Management Plan?
3. Certified Local Government Stormwater Review
3a. In which local government’s jurisdiction is this project?
3b. Which of the following locally-implemented stormwater management programs
apply (check all that apply):
Phase II
NSW
USMP
Water Supply Watershed
Other:
3c. Has the approved Stormwater Management Plan with proof of approval been
attached?
Yes No
4. DWQ Stormwater Program Review
4a. Which of the following state-implemented stormwater management programs apply
(check all that apply):
Coastal counties
HQW
ORW
Session Law 2006-246
Other:
4b. Has the approved Stormwater Management Plan with proof of approval been
attached?
Yes No
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
28
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.
City of Gastonia
City of Gastonia
Page 9 of 10
PCN Form – Version 1.4 January 2009
F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1a. Does the project involve an expenditure of public (federal/state/local) funds or the
use of public (federal/state) land? Yes No
1b. 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
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
Yes No
1c. 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
letter.)
Comments:
Yes No
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,
or Riparian Buffer Rules (15A NCAC 2B .0200)?
Yes No
2b. Is this an after-the-fact permit application? Yes 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
additional development, which could impact nearby downstream water quality? Yes No
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.
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.
Wastewater generated on the site will be transported to the nearest treatment facility via sewer lines.
Future upgrades to the existing dam onsite are anticipated for safety reasons but are not expected to
result in additional impacts.
Page 10 of 10
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? Yes No
5b. Have you checked with the USFWS concerning Endangered Species Act
impacts? Yes No
5c. If yes, indicate the USFWS Field Office you have contacted.
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat? Yes No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
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 (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
Yes No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain? Yes No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination?
Applicant/Agent's Printed Name
_______________________________
Applicant/Agent's Signature
(Agent's signature is valid only if an authorization
letter from the applicant is provided.)

Date
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.
No essential fish habitat in this region.
SHPO's website: http://gis.ncdcr.gov/hpoweb/
GastonCounty GIS; www.fema.gov
-
Daniel Kuefler 02-10-2020
Daniel
Kuefler
Digitally signed by Daniel Kuefler
DN: cn=Daniel Kuefler, o=WEPG,
ou, email=daniel.kuefler@wetlands-
epg.com, c=US
Date: 2020.02.10 18:40:11 -05'00'
Maps/Plans Maps/Plans
Winterlake Drive
Gaston County, NC
VICINITY 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
SITE
1
Pearson Land Corporation
Winterlake Drive
Gaston County, NC
AERIAL 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
2 Pearson Land Corporation
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
NRCS SOILS MAP
Subject to USACE/NCDEQ verification
FIGURE
05/01/18
Prepared for: Acres:
+/- 19.2
PROJECT BOUNDARY
STUDY LIMITS
4a Pearson Land Corporation
Winterlake Drive
Gaston County, NC
NRCS SOILS MAP - Legend
Subject to USACE/NCDEQ verification
FIGURE
05/01/18
Prepared for: Acres:
+/- 19.2
4b
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
Winterlake Drive
Gaston County, NC
TAX PARCEL 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)
Parcel ID: 3554366093
PROJECT BOUNDARY
STUDY LIMITS
Parcel ID: 3554367139
Parcel ID: 3554354250
Parcel ID: 3554353222
Parcel ID: 3554352203
Parcel ID: 3554350294
Parcel ID: 3554259284
Parcel ID: 3554366725
Parcel ID: 3554352765
All parcels within Project
Boundary Study Limits now
or formerly registered to:
JM Gunter Family Trust &
Windley Family Trust
113 Patrick Street
Gastonia, NC, 28054
6 Pearson Land Corporation
Jurisdictional Determination Jurisdictional
Determination Information

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
- 15 lf
USACE Verification 7/10/19
*** USACE Verification 7/10/19 ***
Winterlake Drive Site: Gaston County, NC
Photos taken 05/01/18

PHOTO 1: Pond spillway downstream view (from top of Dam).
PHOTO 2: Pond spillway upstream view towards pond.
Winterlake Drive Site: Gaston County, NC
Photos taken 05/01/18

PHOTO 3: View of pipe discharging into wetland F (facing dam).
PHOTO 4: Downstream view of perennial stream H at confluence with culvert (facing north)
Winterlake Drive Site: Gaston County, NC
Photos taken 05/01/18

PHOTO 5: Downstream view of perennial stream C at confluence with pond.
PHOTO 6: Upstream view of perennial stream C from confluence with pond.
Winterlake Drive Site: Gaston County, NC
Photos taken 05/01/18

PHOTO 7: Downstream view of intermittent stream B at confluence with pond.
PHOTO 8: Downstream view of intermittent stream B from culvert (facing north).
Winterlake Drive Site: Gaston County, NC
Photos taken 05/01/18

PHOTO 9: View of wetland seep alongside Stream C (facing north).
PHOTO 10: Upstream view of perennial stream C (facing southwest).
Threatened & Endangered Species Report Threatened & Endangered Species
Report
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
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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
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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
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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.
Approvals Approvals /
Authorizations
. Preliminary Determination
C.
.
For appeals on Initial Proffered Permits send this form to:
For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to:
"may be" "may be"