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HomeMy WebLinkAbout20190022 Ver 2_More Info Received_20200221Strickland, Bev From: Aliisa Harjuniemi <aliisa@cws-inc.net> Sent: Friday, February 21, 2020 2:05 PM To: Shaeffer, David Leigh (Dave) CIV USARMY CESAW (USA) Cc: Johnson, Alan Subject: [External] Re: SAW-2018-02047 Mattamy Homes, Shopton West ((Notice of Incomplete Application) Attachments: ILF_Acceptance_Shopton West.pdf, Shopton West -Revised PCN_2.21.20.pdf External ei report.spam@nc.gov Alan and David, Thank you for your comments. Our client has decided to purchase all the required credits from DMS instead doing on -site improvements. Attached is the revised PCN and ILF acceptance letter. The permanent impacts are lower in this resubmittal since the original submittal did not differentiate permanent and temporary impacts. The engineers also used our preliminary GPS data in their permit drawings instead of surveyed data. The permit drawings were revised using the survey data for the permit modification request you received on December 31, 2019. Let me know if you have any further questions or need anything else. Thanks, Aliisa On Fri, Jan 31, 2020 at 7:12 AM Shaeffer, David Leigh (Dave) CIV USARMY CESAW (USA) <David.L.Shaeffer@usace.army.mil> wrote: Aliisa, On December 31, 2019 we received the application you submitted on behalf of Mattamy Homes to place fill material in 0.4 acres of wetlands in Charlotte, Mecklenburg County, North Carolina. I have completed my initial review of the application and I have determined that it is incomplete. The following information is necessary to complete this application: a. The proposed restoration work cannot be used as compensatory mitigation. The agreement that Daniel Roberts and I had was that we would not double the compensatory mitigation requirement for using the expanded service area credits if onsite restoration (not creation) work was conducted. Therefore, the permittee would be responsible for purchasing credits for all wetland losses at a 2:1 ratio in addition to the restoration work. Please submit a revised PCN and remove references to this project as compensatory mitigation, mitigation areas, or wetland creation. b. The conversations with Daniel Roberts also involved preserving the remaining wetlands through conservations easements or deed restrictions. Please revise the restoration plan accordingly. c. It appears that the restoration work may result in temporary impacts to existing wetlands. If this is the case, these impacts must be listed in the PCN. Please clarify. Please provide the information requested above in ONE consolidated response within 30-days of the date of this correspondence. If you do not respond within 30-days, the application will be administratively canceled. Please contact me via telephone or e-mail if you have questions. Sincerely, David L. Shaeffer Project Manager/Geographer U.S. Army Corps of Engineers Charlotte Regulatory Office Desk: 704-510-1437 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=13 6 * 0 Aliisa Harjuniemi, PWS Project Manager Carolina Wetland Services, Inc. 550 E. Westinghouse Boulevard Charlotte, NC 28273 Direct: 980-259-1222 C)ffirP• 70A_' '?7_1 177 www.cws-inc.net ROY COOPER Governor MICHAEL S. REGAN Secretary 71M BAUMGARTNER Brian Johnson Mattamy Homes 2127 Ayrsley Town Blvd Suite 201 Charlotte, NC 28273 Project: Shopton Road West Townhomes a NORTH CAROLINA Environmental Quality January 31, 2020 Expiration of Acceptance: 7/31/2020 County: Mecklenburg The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to accept payment for compensatory mitigation for impacts associated with the above referenced project as indicated in the table below. Please note that this decision does not assure that participation in the DMS in - lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will be approved. You must also comply with all other state, federal or local government permits, regulations or authorizations associated with the proposed activity including G.S. § 143-214.11. This acceptance is valid for six months from the date of this letter and is not transferable. If we have not received a copy of the issued 404 Permit/401 Certification within this time frame, this acceptance will expire. It is the applicant's responsibility to send copies of the permits to DMS. Once DMS receives a copy of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the in -lieu fee to be paid by an applicant is calculated based upon the Fee Schedule and policies listed on the DMS website. Based on the information supplied by you in your request to use the DMS, the impacts for which you are requesting compensatory mitigation credit are summarized in the following table. The amount of mitigation required and assigned to DMS for this impact is determined by permitting agencies and may exceed the impact amounts shown below. River Basin Impact Location Impact Type I P p yp � Impact Quantity (8-dig itHUC) Catawba — — 03050103 Riparian Wetland 0.32 *DMS proposes to utilize the Catawba 03 Expanded Service Area to meet the mitigation requirement. Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The mitigation will be performed in accordance with the In -Lieu Fee Program instrument dated July 28, 2010 and 15A NCAC 02B .0295 as applicable. Thank you for your interest in the DMS in -lieu fee mitigation program. If you have any questions or need additional information, please contact Kelly Williams at (919) 707-8915. cc: Aliisa Harjumiemi, agent Sincerely, Jam s. Stanfill Arse anagement Supervisor Z-�_D_E -sl Q�p North Carolina Department of Environmental Qpality I Division of Mitigation Services 217 W.Jones Street 11652 Mail Service Center I Raleigh, North Carolina 27699-1652 919.707.8976 d�pF W A rE�% flvfil::�,C 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 1 a. Type(s) of approval sought from the Corps: N Section 404 Permit ❑ Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: 29 and 18 or General Permit (GP) number: 1 c. Has the NWP or GP number been verified by the Corps? ❑ Yes N No 1 d. Type(s) of approval sought from the DWQ (check all that apply): N 401 Water Quality Certification — Regular ❑ Non-404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ❑ Yes N No For the record only for Corps Permit: ❑ 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. N Yes ❑ No 1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ❑ Yes N No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes N No 2. Project Information 2a. Name of project: Shopton Road West Townhomes 2b. County: Mecklenburg 2c. Nearest municipality / town: Charlotte 2d. Subdivision name: 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: Mattamy Homes 3b. Deed Book and Page No. 33888-987 3c. Responsible Party (for LLC if applicable): Brian Johnson 3d. Street address: 2025 Ayrsley Town Blvd, Suite 1104 3e. City, state, zip: Charlotte NC 28273 3f. Telephone no.: (980) 859-4380 ext 3253 3g. Fax no.: N/A 3h. Email address: BA.Johnson@mattamycorp.com Page 1 of 14 PCN Form — Version 1.4 January 2009 4. Applicant Information (if different from owner) 4a. Applicant is: Agent Other: 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: Aliisa Harjuniemi 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): 19901102 1 b. Site coordinates (in decimal degrees): Latitude: 35.09994 Longitude:-81.006098 1 c. Property size: 40.3 acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: Sugar Creek 2b. Water Quality Classification of nearest receiving water: Class C 2c. River basin: Catawba River (HUC 03050103) 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 Shopton Road West Townhomes site (Mecklenburg County Tax Parcel No. 19901102) is approximately 40.3 acres in extent and is located north of the Shopton Road West and South Tryon Street intersection in Charlotte, North Carolina (Figure 1). According to the United States Geological Survey (USGS) Topographic Map (Figure 2) on -site elevations range from 650-690 feet above mean sea level. Land cover within the project area consists of deciduous forest, evergreen forest, mixed forest, and forested wetlands (Figure 3). Surrounding land use consists of residential subdivisions and undeveloped forested areas. According to the United States Department of Agriculture - Natural Resources Conservation Service (USDA-NRCS) USDA-NRCS Soil Survey of Mecklenburg County (Figures 4 and 5) on -site soils consist of four different soil units. Of the on -site soils, only the Iredell fine sandy loam is listed the Web Soil Survey database as containing hydric inclusions. The property was delineated by CWS on June 19, 2018 and on -site features were field verified by Mr. David Shaeffer of the USACE on November 1, 2018. Based on the results of these field investigations, there are three jurisdictional waters of the U.S. located within the property. These waters consist of one jurisdictional stream channel (Stream A) and two jurisdictional palustrine forested wetlands (Wetlands AA and BB). No ponds, lakes, or other non -wetland waters are present or approximately shown on the most recently published USGS topographic map. Though historically an isolated mafic depression, Wetland BB was identified as a potential wetland water of the U.S. by Mr. Shaeffer due to the presence of a non -jurisdictional ditch connecting Wetland BB with downstream waters. 3b. List the total estimated acreage of all existing wetlands on the property: 2.22 acres of wetland 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 87 linear feet of intermittent stream 3d. Explain the purpose of the proposed project: The purpose of this project is to develop the property into a residential subdivision comprising entirely of townhomes. This project will provide affordable residential housing to southwest Charlotte, North Carolina near Lake Wylie, 1-77, 1-485, and the Charlotte -Douglas International Airport to meet the growing demand for housing due to population growth. 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 residential development. Construction of this project will require permanent impacts to one jurisdictional wetland water of the U.S. U.S. Army Corps of Engineers (USACE) has previously issued a Nationwide Permit No. 29 verification for this project (SAW- 2018-02047). This verification authorized 0.49 acre of permanent wetland impacts to facilitate construction of single-family development. Since the date of the original permit submittal, the proposed impacts have changed slightly. The proposed permanent impacts no total 0.32 acre. The proposed temporary impacts total 0.08 acre. The proposed current site is included as Attachment C. The proposed impacts include filling 0.27 acre of Wetland BB in order to construct lots for houses (W1). The temporary impacts associated with the construction include 0.08 acre of impacts to Wetland BB due to clearing (W2). These areas will be allowed to naturally regenerate. The proposed stormwater control measure will permanently fill 0.05 acre of Wetland BB (W3). The proposed impact due to the stormwater control measure is minor and will be permitted under Nationwide Permit No. 18. Proper sediment and erosion control techniques will be used to prevent future cumulative impacts. Typical heavy equipment will be used in the grading operations (bulldozers, excavators, dump trucks, graders, etc). 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by ❑x Yes ❑ No ❑ Unknown the Corps or State been requested or obtained for this property / project including all prior phases in the Comments: 4b. If the Corps made the jurisdictional determination, ❑x PreliminaryEl Final what type of determination was made? 4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: Name (if known): Other: Carolina Wetland Services Page 4 of 14 PCN Form — Version 1.4 January 2009 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. Preliminary Jurisdictional Determination, dated January 31, 2019, is included in Attachment E (SAW-2018-02047). 5. Project History 5a. Have permits or certifications been requested or ❑x Yes ❑ No ❑ Unknown obtained for this project (including all prior phases) in 5b. If yes, explain in detail according to "help file" instructions. U.S. Army Corps of Engineers (USACE) has previously issued a Nationwide Permit No. 29 verification for this project (SAW- 2018-02047). This verification authorized 0.49 acre of permanent wetland impacts to facilitate construction of single-family development. Compensatory mitigation was required with 4:1 ratio due having to purchase the credits from expanded service area Since the date of the original permit submittal, the site proposed impacts have changed slightly. The proposed permanent impacts now total 0.32 acre. The proposed temporary impacts total 0.08 acre. The previously issue Nationwide Permit Verification dated January 31, 2019 is included in Attachment E (SAW-2018-02047). 6. Future Project Plans 6a. Is this a phased project? ❑ Yes ❑x No 6b. If yes, explain. 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): M 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 P Fill for lots Headwater Forest Yes Corps 0.27 W2 T Clearing for construction Headwater Forest Yes Corps 0.08 W3 P Fill for BMP Headwater Forest Yes Corps 0.05 2g. Total Wetland Impacts: 0.40 2h. Comments: Proposed permanent impacts to jurisdictional wetlands total 0.32 acre. Proposed temporary impacts total 0.08 acre. 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 S7 S8 S9 3h. Total stream and tributary impacts 3i. Comments: Page 6 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 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) 01 02 03 - 04 - 4f. Total open water impacts 4g. Comments: 5. Pond or Lake Construction If pond or lake construction proposed, then 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? ❑ 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 - Yes/No B2 - Yes/No B3 - Yes/No B4 - Yes/No B5 _ Yes/No B6 _ Yes/No 6h. Total Buffer Impacts: 6i. Comments: Page 7 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. To avoid and minimize impacts to jurisdictional waters of the U.S., the Shopton Road West Townhomes site was delineated prior to finalizing the site plan. The project has been designed to avoid impacts wherever possible. No impacts to jurisdictional streams are proposed. We believe that the current site plan is the best possible plan that meets the project goals while avoiding impacts to jurisdictional waters of the U.S. to the greatest extent practicable. No Build Alternative In an attempt to minimize impacts to jurisdictional waters while still meeting the goals of the project, a "No Build" alternative was considered. The property is being purchased for the purpose of providing residential housing to meet the growth and demand of an area in Mecklenburg County experiencing significant population growth. A "No Build" option would not meet the project goals of providing necessary housing to meet the current demand. Therefore, the No Build Alternative was eliminated from further consideration. Page 8 of 14 PCN Form — Version 1.4 January 2009 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 wetlands and stream. Construction activities and impacts to on -site jurisdictional waters of the U.S. will comply with all conditions of Nationwide Permit Nos. 18 and 29 and Water Quality General Certification No. 4139. 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: Choose One Type: Choose One Type: Choose One 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. ❑x Yes ❑ No 4b. Stream mitigation requested: 0.0 4c. If using stream mitigation, stream temperature: Choose One 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: 0.32 acre 4f. Non -riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: ILF Approval Letter will be provided when received. 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. Page 9 of 14 PCN Form — Version 1.4 January 2009 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 ❑ Yes © No buffer mitigation? 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. 6c. 6d. 6e. Zone Reason for impact Total impact Multiplier Required mitigation (square feet) (square feet) Zone 1 Zone 2 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 10 of 14 PCN Form — Version 1.4 January 2009 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1 a. 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. The site is not adjacent to protected NC Riparian Buffers. ❑ Yes ❑ No 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? >24 % 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: The City of Charlotte will be reviewing the stormwater plan. The location of the Stormwater Control Measures (SCM) are depicted in the plan view (Attachment C). A stormwater BMP is proposed in the eastern portion of the site. A copy of the stormwater plan will be provided to NCDEQ per request. 2e. Who will be responsible for the review of the Stormwater Management Plan? City of Charlotte 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? ❑x Phase II 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 M No attached? 4. DWQ Stormwater Program Review ❑ Coastal counties ❑ HQW 4a. Which of the following state -implemented stormwater 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 11 of 14 PCN Form — Version 1.4 January 2009 F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1 a. Does the project involve an expenditure of public (federal/state/local) funds or the ❑ Yes ® 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 ❑ 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 letter.) ❑ Yes ❑ No 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, ❑ Yes ® No or Riparian Buffer Rules (15A NCAC 2B .0200)? 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 ❑ Yes ® No additional development, which could impact nearby downstream water quality? 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. This project will not result in cumulative impacts to jurisdictional waters in foreseeable future. 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 connected to an existing off -site municipal sewerline. On -site sewage will be treated off site at a Charlotte treatment plant. Page 12 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 ❑x Yes ❑ No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ❑ Yes 0 No impacts? 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? 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 (USFWS) Endangered and Threatened Species and Species of Concern by County for North Carolina online database for Mecklenburg County. In addition, CWS performed a data review using the North Carolina Natural Heritage Program (NCNHP) Data Explorer on October 15, 2018 to determine if any record occurrences of federally -listed, candidate endangered, threatened species, or critical habitat were located within the project limits. The results of the desktop review and habitat assessment are included in the Protected Species Habitat Assessment Report that was included in the original permit submittal. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes 0 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 ❑ Yes 0 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? A letter was forwarded to the North Carolina State Historic Preservation Office (SHPO) on October 16, 2018 to determine the presence of any areas of architectural, historic, or archaeological significance that would be affected by the project. CWS also consulted the SHPO online GIS service and Charlotte -Mecklenburg Historic Landmarks Commission webpage. Both searches indicated there are no known historical structures, buildings, sites, or districts existing within the project limits. The SHPO office responded on November 8, 2018 and stated that they are aware of no historic resources which would be affected by the project and therefore have no comment on the project as proposed. (Attachment G). 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? ❑ Yes 0 No 8b. If yes, explain how project meets FEMA requirements: 8c. What source(s) did you use to make the floodplain determination? FEMA Panel No. 3710440900K Page 13 of 14 PCN Form — Version 1.4 January 2009 Aliisa Harjuniemi 2.21.20 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