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HomeMy WebLinkAbout20200394 Ver 1_PCN Form Submission_20200320DWR mrlslon of Water Resources Pre -Construction Notification (PCN) Form September 29, 2018 Ver 3 Initial Review Has this project met the requirements for acceptance in to the review process?* r Yes r No Is this project a public transportation project?* G Yes r No Change only if needed. BIMS # Assigned 20200394 Is a payment required for this project?* r No payment required r Fee received r Fee needed - send electronic notification Reviewing Office * Mooresville Regional Office - (704) 663-1699 Information for Initial Review 1a. Name of project: Belshire of Waldhaw 1a. Who is the Primary Contact? Jennifer Burdette (McAdams) 1b. Primary Contact Email:* burdette@mcadamsco.com Date Submitted 3/20/2020 Nearest Body of Water Rone Branch Basin Catawba Water Classification C Site Coordinates Latitude: Longitude: 34.924627-80.759958 A. Processing Information County (or Counties) where the project is located: Union Is this project a public transportation project?* r Yes r No 1a. Type(s) of approval sought from the Corps: W Section 404 Permit (wetlands, streams and waters, Clean Water Act) r Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) 1b. What type(s) of permit(s) do you wish to seek authorization? * Nationwide Permit (NWP) * Regional General Permit (RGP) 7 Standard (IP) Version#* 1 What amout is owed?* IT $240.00 r $570.00 Select Project Reviewer* Alan Johnson:eads\adjohnson1 1c. Primary Contact Phone:* (919)361-5000 U 1c. Has the NWP or GP number been verified by the Corps? r Yes r No Nationwide Permit (NWP) Number: NWP Numbers (for multiple NWPS): 1d. Type(s) of approval sought from the DWR: W 401 Water Quality Certification - Regular r Non-404 Jurisdictional General Permit 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)press F Riparian Buffer Authorization 1f. Is this an after -the -fact permit application?* r Yes r No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? r Yes r No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? r Yes r No Acceptance Letter Attachment 1h. Is the project located in any of NC's twenty coastal counties? r Yes r No 1j. Is the project located in a designated trout watershed? r Yes r No B. Applicant Information 1d. Who is applying for the permit? r Owner W Applicant (other than owner) le. Is there an Agent/Consultant for this project?* r Yes r No 2. Owner Information 2a. Name(s) on recorded deed: Paula Buie Hamilton 2b. Deed book and page no.: 6588-214 2c. Responsible party: 2d.Address Street Address 601 Evans Manor Drive Address Line 2 City Matthews rtstal / Zip Cate 28104 2e. Telephone Number: (704)321-2920 2g. Email Address:* paulabhamilton@aol.com 3. Applicant Information (if different from owner) State / Province / Region NC Country USA 2f. Fax Number: r Yes r No r Yes r No 3a. Name: Michael lagnemma 3b. Business Name: Broadstreet Homes 3c.Address Street Address 2526 Plantation Center Drive, Ste B Address Line 2 City State / Province / Flegion Matthews NC Postal / Zip Code Country 28105 USA 3d. Telephone Number: 3e. Fax Number: (855)552-7623 3f. Email Address:* michael@broadstreethomes.com 4. Agent/Consultant (if applicable) 4a. Name: Jennifer Burdette 4b. Business Name: McAdams Company 4c.Address Street Address 2905 Meridian Parkway Address Line 2 City State / Province / Fbgion Durham NC Fbstal / Zip Code Country 27713 USA 4d. Telephone Number: 4e. Fax Number: (919)361-5000 4f. Email Address:* burdefte@mcadanisco.com Agent Authorization Letter* 01-COU15000-HamiltonAgentAuth.pdf 140.05KB 02-COU15000-BroadstreetAgentAuth.PDF 365.28KB C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (d appropriate) 1c. Nearest municipality/ town: Waxhaw 2. Project Identification 2a. Property Identification Number: 05138010,05138011 2c. Project Address Street Address 4401 Helms Rd Address Line 2 city Waxhaw Postal / Zip Code 28173 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* Rope Branch 2b. Property size: 31 State / Rovince / Region NC Country USA 3b. Water Resources Classification of nearest receiving water:* 3c. What river basin(s) is your project located in?* Catawba 3d. Please provide the 12-digit HUC in which the project is located. 030501030204 4. Project Description and History 4a. Describe the existing conditions on the site and the general land use in the vicinityof the project at the time of this application:* Young forest occupies the majority of the project area. An approximately 5-acre grass field is located at the intersection of Helms Road and Wa)(haw-Marvin Road and a small pond is situated within the forested area of the site. Figure 1 depicts the location of the property on the US Geological Survey (USGS) Catawba NE, NC 7.5-minute quadrangle topographic maps. Figure 2 shows the location of the site on the most recently published Union County Soil Survey map. Figure 3, attached at the end of the application, depicts the subject property on an aerial photograph of the area. Land use in the vicinity of the project consists of primarily of forest and residential subdivisions. 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) 03-COU15000-USGS.pdf 1.05MB 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) 04-COU15000-Soil Survey.pdf 1.46MB 4f. List the total estimated acreage of all existing wetlands on the property: 0.11 4g. List the total estimated linear feet of all existing streams on the property: 507 4h. Explain the purpose of the proposed project:* The purpose of the project is to provide residential space to meet the market demand in the greater Charlotte area. 41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* This is a residential development consisting of approximately 65 single-family homes and 40 townhomes with associated roads, utilities, stormwater control measures, trash facilities and open space. Stormwater generated by the development will be treated by two sormwater control measures consisting of aboveground sand filters. Stormwater detention for the development will be provided by enhancement of the existing pond dam. This enhancement will impact the open water area of the pond. The existing normal pool elevation will be maintained and temporary detention above the normal pool will be limited to a few hours. Typical construction equipment will be used consisting of front-end loaders, bulldozers, paving equipment, graders, and earth movers. 4j. Please upload project drawings for the proposed project. 05-COUl5000-Impact Maps.pdf 2.63MB 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* r Yes r No r Unknown Comments: 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-2019-00037 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Jennifer Burdette Agency/Consultant Company: McAdams Company Other: 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR Bryan Roden -Reynolds with the USAGE conducted a site visit on February 13, 2019 and issued the attached Preliminary Jurisdictional Determination. Please note that the stream channel and wetlands identified at the head of the pond were inundated at the time of the site visit, which occurred during a period of wetter than normal conditions. However, these areas were observed to be still inundated during a site visit on March 12, 2020 along with signs of beaver activity. Beaver damming activities have permanently converted these areas to open water as shown on the Overall Impact Exhibit (EX A). 5d1. Jurisdictional determination upload 06-COUl5000-PJD-2019-02-13.pdf 311.59KB 6. Future Project Plans 6a. Is this a phased project?* r Yes r No Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity? D. Proposed Impacts Inventory 1. Impacts Summary 1a. Where are the impacts associated with your project? (check all that apply): r Wetlands W Streams -tributaries F Buffers W Open Waters r Pond Construction 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* � Utility Crossing -Impact Area Temporary Excavation lJT to Rone Branch ::]Perennial Both 7 22 2 Average (feet) (lir�rfeet) 3i. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 0 3i. Total stream and ditch impacts: 22 3j. Comments: 4.Open Water Impacts 3i. Total temporary stream impacts: 22 a. sit 4a1. Impact Reason 4b. Impact type 4c. Name of waterbody 4d. Activity type :114e. Waterbody type 4f. Impact area )1 Pond Enhancement P :]Ft, Rone Branch Fill Pond 0.28 4g. Total temporary open water Impacts: 0.00 4g. Total open water impacts: 0.28 4h. Comments: E. Impact Justification and Mitigation 1. Avoidance and Minimization 4g. Total permanent open water impacts: 0.28 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: The applicant requested a delineation of surface waters and wetlands prior to designing a site plan to avoid and minimize impacts to these resources to the maximum extent practicable. The stream channel belowthe pond must be crossed to provide sanitary sewer service to all areas of the proposed development. Lack of maintenance on the existing pond dam combined with the need for temporary stormwater detention necessitates the open water impact for the dam enhancement. Most of the stormwater runoff from the development will be directed to two splitter boxes. In the water quality event, these splitter boxes direct flow to the proposed sand filters. Only runoff exceeding the water quality volume will be directed to the enhanced existing pond for detention. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: A Sediment and Erosion Control Plan will be developed and approved by City of Charlotte, and the project will comply with the supplementary NPDES Construction Stormwater Permit (NCG010000) including a plan to pump the pond down for the dam enhancement. The utility line will be installed during dry conditions after the pond is pumped down to avoid stream Flow coming into contact with the excavation. 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: There are no impacts to wetlands or permanent impacts to stream channels. Impacts to open water do not require mitigation. Therefore, mitigation should not be required for the project. F. Stormwater Management and Diffuse Flow Plan (required by DWR) 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? r Yes r No If no, explain why: The project is not located within an area that requires state protected riparian buffers. 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 15ANCAC 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: r Local Government R State State Stormwater Programs V Phase II r HWQ or ORW r Coastal Counties V Other Tipped County Comments: The proposed development is located within the Catawba River basin with stormwater runoff from the proposed development draining into an unnamed tributary to Rone Branch. Per the Town of Waxhaw Stormwater Ordinance, stormwater management on this site shall meet the standards contained in the Town of Waxiiaw Storm Water Design Manual and the current edition of the Charlotte -Mecklenburg Land Development Standards Manual. The proposed project will result in a significant increase in peak flow rates to downstream properties. To mitigate these impacts, the proposed stormwater management plan has been designed such that post -development peak flow rates are no greater than pre -development levels. In order to meet these standards, the existing pond will be enhanced to meet detention requirements and two sand filters are proposed to meet water quality requirements. LGSupplementary Information U 1. Environmental Documentation 1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?* r Yes r No 2. Violations (DWR Requirement) 2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15A NCAC 2B .0200)? * r Yes r No 3. Cumulative Impacts (DWR Requirement) 3a. Will this project result in additional development, which could impact nearby downstream water quality?* r Yes r No 3b. If you answered "no," provide a short narrative description. The proposed project is a residential development that is not anticipated to result in additional development. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* r Yes r Nor N/A 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. The project will be connected to the Union County Public Works sanitary sewer system. 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or habitat?* r Yes r No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* r Yes r No 5c. If yes, indicate the USFWS Field Office you have contacted. Asheville 5d. Is another Federal agency involved?* r Yes r No 5e. Is this a DOT project located within Division's 1-8? r Yes r No 5f. Will you cut anytrees 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)?* (- Yes r No r Unknown 51. 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? See attached Protected Species Assessment sent to the Bryan Hamstead at the USFWS Asheville office on March 19, 2020. Consultation Documentation Upload 07-COU15000-T&E Rpt Pkg-2020-03-19-Optimized.pdf 2.92MB 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?* r Yes r No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?* NOAA Essential Fish Habitat (EFH) Mapper (http://wmw.habitat.noaa.gov/protection/efh/efhmapper/), accessed 3/11/2020 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?* State Historic Preservation Office Historic Properties online buffer tool (https://nc.maps.arcgis.com/apps/webappviewer) accessed 1/28/2020). A request for an environmental reviewwas sent to SHPO on March 13, 2020. The response will be submitted upon receipt. 7c. Historic or Prehistoric Information Upload 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-yearfloodplain?* r Yes r No 8c. What source(s) did you use to make the floodplain determination?* FEMA FIRM map number 3710447300J (effective 10/1612008), accessed 3/13/2020 Miscellaneous Comments Miscellaneous attachments not previously requested. 08-COU15000-Aerial Map.pdf 1.09MB 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: Jennifer Burdette Signature c�� ffmtel Date 3/20/2020 'JWADAMS PIN(s): Property Owner Name: Property Owner Address: Property Owner PhonPrFrnail- Project Name, Project Number. Project Manager_ Attn- Bryan Roden -Reynolds AGENT AUTHORII.ATtON FORM All Blanks To Be Filled In By The Current Property Owner 5138010 & S 138011 Paula Buie Hamiton 601 Evans Manor Drive, Matthews, NC 28104 Phone:704-321-2920 Email:paulabhamilton@aol.com Helms Property (Belshire) C+reTUNI'f =1 V Marc Van Dine/Jennifer BurdrttP US Army Corps of Fngineers Asheville Regulatory Field Office 151 Patton Avenue, Roam 208 Asheville, NC 28801 5006 Re: Wetlands Related Consulting and Permitting To Whom It May Concern: Attn: Karen Higgins NC Division of Water Resources 401 & Buffer Permitting Branch 512 N. Salisbury Street Raleigh, NC 77604 I hereby designate and authorise The John R. McAdams Company, Inc_ to act in my behalf as my agent in the processing of permit applications, to fumiSh upon request supplemental information in support of applications, etc. from this day forward I, the undersigned, a duly authorized owner of record of the property/properties identified herein. do authorise representatives of the Wilmington District, U.5. Army Corps of Engineers (Corps) and NC Division of Water Resources to enter upon the property herein described for the purpose of conducting on -site investigation and issuing a determination associated with Water of the U-S. subject to Federal jurisdiction under Section 404 of the Clean Water Act/Section 10 of the RJvers anti Harbors Act of 1899 and/or Waters of State and/or Riparian Buffer Rulcs. This notification supersedes any previous correspondencf concerning the agent for this project. NOTICE: This authorization, for liability and professional courtesy reasons, is valid only for government officials to enter the property when accompanied by The John R. McAdams Company, Inc. staff. Paula Buie Hamilton Print Property Owner Name & Title i Signature rrez" rxAerwrprys LtIFW 11 e"rar"& 2905 Mendwn Parkway. Durharn, NC 0 919. 3a1. 5000 M" W A DA M S AGENT AUTHORIZE ` . All Blanks To Be Filled In By The Current Contract Purchaser PIN(s): 5138010 & 5138011 Name: Broadstreet Homes - Michael lagnemma Property Owner Address: 2526 Plantation Center Drive, Suite B, Matthews, North Carolina 28105 Property owner Phone/Email: Phone:855-552-7623 Email:michael@broadstreethomes.com Project Name: Helms Property (Belshire) Project Number: COU-15000 Project Manager: Marc Van Dine/Jennifer Burdette Attn: Bryan Roden -Reynolds US Army Corps of Engineers Asheville Regulatory Field Office 151 Patton Avenue, Room 208 Asheville, NC 28801-5006 Re: Wetlands Related Consulting and Permitting To Whom It May Concern: Attn: Karen Higgins NC Division of Water Resources 401 & Buffer Permitting Branch 512 N. Salisbury Street Raleigh, NC 27604 I hereby designate and authorize The John R. McAdams Company, Inc. to act in my behalf as my agent in the processing of permit applications, to furnish upon request supplemental information in support of applications, etc. from this day forward. I, the undersigned, a duly authorized owner of record of the property/properties identified herein, do authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) and NC Division of Water Resources to enter upon the property herein described for the purpose of conducting on -site investigation and issuing a determination associated with Water of the U.S. subject to Federal jurisdiction under Section 404 of the Clean Water Act/Section 10 of the Rivers and Harbors Act of 1899 and/or Waters of State and/or Riparian Buffer Rules. This notification supersedes any previous correspondence concerning the agent for this project. NOTICE: This authorization, for liability and professional courtesy reasons, is valid only for government officials to enter the property when accompanied by The John R. McAdams Co parry, Inc. staff. Michael lagnemma / Principal Print Contractor Purchaser Name & Title Signature, Date creating experiences through experience 2905 Meridian Parkway, Durham, NC / 919. 361. 5000 J � - 1 • _ _ _. _ • 1 -'� • y� 54• ' Q _ s;�•� �� haws • •.. • ,r • r • i r t 1 •.' �r• . �+` ... • r _ _ _ _ -� r1 (•fin ice'} lie 's,_� Copgright:© 2013 National Geographic Society, i-cubed NOTES: 1. USGS; 7.5 MINUTE, QUAD, "CATAWBA NE", NORTH CAROLINA; 2013 NATIONAL GEOGRAPHIC SOCIETY 2. LAT 34.924627 N, LONG:-80.759958 W 0 500 1,000 STREAM & WETLAND DELINEATION Feet FIGURE 1. USGS TOPOGRAPHIC VICINITY MAP 1 inch = 1,000 feet HELMS PROPERTY DATE: 2/2/2018 MCADAMS WAXHAW, NORTH CAROLINA JOB NO: COU-15000 DRAWN BY: burdette Tito N w. STREAM FEATURE A I awn Tr,_r4 PROJECT AREA 5 tb I� a ` Tub CIL, f NOTES: 1. USGS; SOIL SURVEY SHEET 26, UNION COUNTY, NORTH CAROLINA 2. LAT: 34.924627 N, LONG:-80.759958 W 0 375 750 J STREAM & WETLAND DELINEATION Feet FIGURE 2. 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IF, w"W 61% Qa ►�►'170 ►i'i!WMvM1rNT*Rmlaav,►i Q►-►1i 5 ►iWWW -P4341 Wi l►�i�i ►ii!►�i���i�i!i►s!i° MAE VEAi i�►��i�i►i�i�i�i�i►iit'i ►�i�i�i�:�z�i?'�:�'���`��i���i:��►ii�►�i���i�i�i�i���i�i�► ��s SAW-2019-00037 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2019-00037 County: Union U.S.G.S. Quad: NC- Catawba NE NOTIFICATION OF JURISDICTIONAL DETERMINATION Applicant: Broadstreet Homes Michael Iagnemma Address: 2526 Plantation Center Drive, Suite B Matthews, NC 28105 Telephone Number: 855-552-7623 E-mail: michael(dbroadstreethomes.com Size (acres) 30.0 Nearest Town Waxhaw Nearest Waterway Rone Branch River Basin Santee USGS HUC 03050103 Coordinates Latitude: 34.9246247 Longitude:-80.759958 Location description: The review area is located on the north side of Waxhaw Highwav; approximately 1.0 miles west of the intersection of Waxhaw Highwav and North Broome Street. PINS: 5138010 and 5138011. Reference review area description shown in Jurisdictional Determination Request package entitled "Figure 1. USGS Touograuhic Vicinitv Mad' and Printed Date of 02/02/2018. Indicate Which of the Following Apply: A. Preliminary Determination ® There appear to be waters including wetlands, on the above described project area/property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The waters including wetlands, have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. The approximate boundaries of these waters are shown on the enclosed delineation map dated 2/13/2019. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. ❑ There appear to be waters including wetlands, on the above described project area/property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the waters including wetlands, have not been properly delineated, this preliminary jurisdiction determination may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an effective presumption of CWA/RHA jurisdiction over all of the waters including wetlands, at the project area, which is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters including wetlands, on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. B. Approved Determination ❑ There are Navigable Waters of the United States within the above described project area/property subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ There are waters including wetlands, on the above described project area/property subject to the permit requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. SAW-2019-00037 ❑ We recommend you have the waters including wetlands, on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. ❑ The waters including wetlands, on your project area/property have been delineated and the delineation has been verified by the Corps. The approximate boundaries of these waters are shown on the enclosed delineation map dated DATE. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. ❑ The waters including wetlands, have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on DATE. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ There are no waters of the U.S., to include wetlands, present on the above described project area/property which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA) You should contact the Division of Coastal Management in Morehead City, NC, at (252) 808-2808 to determine their requirements. Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or placement of structures, or work within navigable waters of the United States without a Department of the Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Brvan Roden-Revnolds at 704-510-1440 or b ry an. ro den-revno ld s(d, u s ace. armv. mil. C. Basis For Determination: Basis For Determination: See the preliminary jurisdictional determination form dated 2/13/2019. D. Remarks: None. E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Jason Steele, Review Officer 60 Forsyth Street SW, Room 1OM15 Atlanta, Georgia 30303-8801 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by Not applicable. **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence. SAW-2019-00037 Digitally signed by RODEN REYNOLDS.BRYAN.KENNETH.1263385574 RO D E N DN: c=US, o=U.S. Government, ou=DOD, ou=PKl, ou=USA, cn=RODEN REYNl: REYNOLDS.BRYAN.KENNETH.1263385574 Date: O20119.02.13r11:50: 8 0400'3385574 Corps Regulatory Officia Date of JD: 2/13/2019 Expiration Date of JD: Not applicable 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.anny.mil/cm_apex/Vp=136:4:0 Copy furnished: Agent: John R. McAdams Companv Jennifer Burdette Address: 2905 Meridian Parkwav Durham, NC 27713 Telephone Number: 919-422-3605 E-mail: burdette(dmcadamsco.com SAW-2019-00037 NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: Broadstreet Homes, Michael Iagnemma File Number: SAW-2019-00037 Date: 02/12/2019 Attached is: See Section below ❑ INITIAL PROFFERED PERMIT Standard Permit or Letter ofpermission) A ❑ PROFFERED PERMIT Standard Permit or Letter ofpermission) B ❑ PERMIT DENIAL C ❑ APPROVED JURISDICTIONAL DETERMINATION D ® PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at or http://www.usace.anny.mil/Missions/CivilWorks/RegulatorvProgramandPennits.asI)x or the Corps regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section 11 of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section 11 of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. SAW-2019-00037 SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision and/or the If you only have questions regarding the appeal process you may appeal process you may contact: also contact: District Engineer, Wilmington Regulatory Division Mr. Jason Steele, Administrative Appeal Review Officer Attn: Bryan Roden -Reynolds CESAD-PDO Charlotte Regulatory Office U.S. Army Corps of Engineers, South Atlantic Division U.S Army Corps of Engineers 60 Forsyth Street, Room 1OM15 8430 University Executive Park Drive, Suite 615 Atlanta, Georgia 30303-8801 Charlotte, North Carolina 28262 Phone: (404) 562-5137 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site investigations. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: Bryan Roden -Reynolds, 69 Darlington Avenue, Wilmington, North Carolina 28403 For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: 02/12/2019 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Broadstreet Homes, Michael Iagnemma, 2526 Plantation Center Drive, Suite B, Matthews, NC 28105 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Helms Property, SAW-2019-00037 D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The review area is located (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: NC County: Union City: Waxhaw Center coordinates of site (lat/long in degree decimal format): Latitude: 34.9246247 Longitude:-80.759958 Universal Transverse Mercator: Name of nearest waterbody: Rone Branch E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑ Office (Desk) Determination. Date: ® Field Determination. Date(s): 02/12/2019 TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION. Estimated amount of Geographic authority to Type of aquatic aquatic resources in which the aquatic resource Latitude (decimal Longitude (decimal resources (i.e., Site Number review area (acreage 'may be" subject (i.e., degrees) degrees) wetland vs. non - and linear feet, if Section 404 or Section wetland waters) applicable 10/404) Wetland 34.925110 -80.760628 0.07 acre Wetland 404 1A Wetland 34.759932 -80.759932 0.02 acre Wetland 404 213 Wetland 34.923772 -80.760198 0.01 acre Wetland 404 3C Wetland 34.923356 -80.759970 0.01 acre Wetland 404 4D Stream 34.925291 -80.760732 420 linear feet Non -wetland 404 T1A Stream 34.925099 -80.759740 72 linear feet Non -wetland 404 T2B Open Water 34.924564 -80.760423 1.18 acres Non -wetland 404 01A 1) The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an approved JD (AJD) for that review area based on an informed decision after having discussed the various types of JDs and their characteristics and circumstances when they may be appropriate. 2) In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre- construction notification" (PCN), or requests verification for a non -reporting NWP or other general permit, and the permit applicant has not requested an AID for the activity, the permit applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit authorization based on a PJD, which does not make an official determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AID before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an AID could possibly result in less compensatory mitigation being required or different special conditions; (3) the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) undertaking any activity in reliance upon the subject permit authorization without requesting an AID constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AID or a PJD, the 7D will be processed as soon as practicable. Further, an AID, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it becomes appropriate to make an official determination whether geographic jurisdiction exists over aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic resources in the review area, the Corps will provide an AID to accomplish that result, as soon as is practicable. This PJD finds that there "may be" waters of the U.S. and/or that there "may be" navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the review area that could be affected by the proposed activity, based on the following information: SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items should be included in subject file. Appropriately reference sources below where indicated for all checked items: ® Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Map: Figures 1-4 ® Data sheets prepared/submitted by or on behalf of the PJD requestor. ® Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. Rationale: ❑ Data sheets prepared by the Corps: ❑ Corps navigable waters' study: ❑ U.S. Geological Survey Hydrologic Atlas: ❑ USGS NHD data. ❑ USGS 8 and 12 digit HUC maps. ® U.S. Geological Survey map(s). Cite scale & quad name: Figure 1, USGS Topographic Vicinity Map (1: 24,000 Catawba, NC) ® Natural Resources Conservation Service Soil Survey. Citation: Figure 2, NRCS Soil Survey (Soil Survey of Union County, Sheet 26) ❑ National wetlands inventory map(s). Cite name: ❑ State/local wetland inventory map(s): ❑ FEMA/FIRM maps: ❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929) ® Photographs: ®Aerial (Name & Date): Figure 3, Aerial Map (01/03/2019) and Figure 4, Preliminary Jurisdictional Determination Map (02/13/2019) or ❑Other (Name & Date): ❑ Previous determination(s). File no. and date of response letter: ❑ Other information (please specify): IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corus and should not be relied uuon for later iurisdictional determinations. RO D E N Digitally signed by RODEN REYNOLDS.BRYA N.KE N N ETH.1263385574 REYNOLDS.BRYAN.KE ou=PKIJou=USA,cn=RODENt,ou=DoD, NNETH.1263385574 REYNOLDS.BRYAN.KENNETH.1263385574 Date: 2019.02.13 11.49:56-05'00' Signature and date of Regulatory staff member completing PJD 2/13/2019 Signature and date of person requesting PJD (REQUIRED, unless obtaining the signature is impracticable)' 1 Districts may establish timeframes for requester to return signed PJD forms. If the requester does not respond within the established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action. LEGEND a PROJECT AREA 2-FT CONTOUR PROJECT AREA IV 115 CL 3' 1 114 CL 3' POTENTIAL NONWETLAND POTENTIAL WETLAND i WATERS OF THE US WATERS OF THE US T1 (A) continued +/- 154 LF W2 (B) +/- 0.02 AC 1 POTENTIAL WETLAND WATERS OF THE US — W1 (A) +/- 0.07 AC J109 TT TOB\ POTENTIAL NONWETLAND WATERS OF THE US 01 (A) +/- 1.18 AC 100CL3' —' ► II POTENTIAL NONWETLAND WATERS OF THE US ii 1 1 C L 5' - Q POTENTIAL NONWETLAND 2BjL A(RSO2TFEU 118 TT TOB 120 1 T TO I 108 TT TOB POTENTIAL WETLAND WATERS OF THE US W3 (C) +/- 0.01 AC DF #1 & #2 POTENTIAL WETLAND 102 TT TOB WATERS OF THE US W4 (D) +/- 0.01 AC 101 CL 3' 1) Catawba River Basin - HUC 030501030204 (Twelvemile Creek subwatershed) 4) Field work completed 01/25/2018 2) DWR Stream Index Number 11-138-4; Rone Branch; Classification C 5) Jurisdictional limits were verified by Brian Roden -Reynolds, USACE on 2/12/19. 3) There are no FEMA floodplains located within study area. (NCFIRM Map Number 6) Jurisdictional features have not been field surveyed by geomatics. 3710447300J; Map Revised 10/16/2008) 7) Size and dimensional limits of all streams and wetlands are approximate. 0 100 200 J FIGURE 4. PRELIMINARY JURISDICTIONAL Feet DETERMINATION MAP 1 inch = 200 feet HELMS PROPERTY DATE: 2/13/2019 WADAMS WAXHAW, UNION COUNTY, NORTH CAROLINA JOB NO: COU-15000 DRAWN BY: burdette lk' tS•. �PROJECT f. ,per r {�•• �.A r, AREA - • i r1 I M �y 'J MCADAMS '•fir;?''r"Q''- FIGURE 3. AERIAL MAP HELMS PROPERTY WAXHAW, UNION COUNTY, NORTH CAROLINA 0 100 200 Feet 1 inch = 200 feet DATE: 1 /3/2019 JOB NO: COU-15000 DRAWN BY: burdette MCADAMS PROTECTED SPECIES ASSESSMENT > COU-15000 March 19, 2020 Asheville Ecological Services Field Office U.S. Fish and Wildlife Service Via asheville@fws.gov RE: Protected Species Assessment Belshire of Waxhaw Waxhaw, Union County, NC To Whom it May Concern: McAdams conducted a protected species assessment for the proposed Belshire at Waxhaw project in support of an application for a Section 404 Clean Water Act permit. Broadstreet Homes proposes to construct a residential development consisting of approximately 40 townhomes, 65 single-family homes and associated amenity areas, utilities and stormwater management facilities. Figure 1 depicts the location of the project study area on the US Geological Survey (USGS) Catawba NE, NC 7.5- minute quadrangle topographic map. Figure 2 shows the location of the project study area on the most recently published Union County Soil Survey map. Tatum gravelly silty clay loam and Georgeville silty clay loam map units occupy the project area. The property contains approximately 27 acres of mixed pine -hardwood forest, four acres of maintained grass in the northern portion, and an approximately one -acre pond. Figure 3 depicts the subject property on an aerial photograph of the area and Figure 4 depicts the surface water features that have been verified on the site. Please note that the stream channel and wetlands identified at the head of the pond were inundated at the time of the US Army Corps of Engineers' site visit, which occurred during a period of wetter than normal conditions. However, these areas were observed to be still inundated during a site visit on March 12, 2020 along with signs of beaver activity. Beaver damming activities have permanently converted these areas to open water. On February 19, 2020, McAdams used the US Fish and Wildlife (USFWS) Information for Planning and Consultation (IPaC) website to obtain a list of threatened and endangered species that may occur in the proposed project location and/or may be affected by the proposed project. This process generates an Official Species List that is shown in Table 1. No Critical Habitats were identified within or within the vicinity of the project area. A list of natural heritage resources was obtained from the NC Natural Heritage Program (NCNHP) on February 19, 2020. No records for rare species, important natural communities, natural areas or conservation/managed areas were identified within or within one mile of the project area. Information regarding the appearance and habitat for each species identified were compiled. McAdams staff routinely visits the NC Botanical Garden to observe protected species identified on Official Species Lists during different stages of their life cycle including into senescence. A staff member also visited a known site of Schweinitz's Sunflower near creating experiences through experience 2905 Meridian Parkway, Durham, NC 27713 / 919. 361. 5000 MCADAMS PROTECTED SPECIES ASSESSMENT > COU-15000 Charlotte on March 11, 2020. The area had been mowed but dried specimens were observed on the ground. On March 13, 2020, a McAdams staff member walked transects through open areas around the homesite, along the field edges and powerline easements present on the site that are suitable for Michaux's Sumac and Schweinitz's Sunflower. Photographs taken during the field survey are provided in Appendix A. Eupatorium capillifolium (dog fennel), Ligustrum sinense (Chinese privet), Rubus sp. (Blackberry), Fescue sp. (Fescue), Andropogon virginicus (broomsedge) and other grasses were common within the survey area. Table 1. Federally Protected Species That May Be Within the Project Study Area (2/19/2020) Scientific Name Common Name Federal Status Clams Lasmigona decorate Carolina Heelsplitter Endangered Flowering Plants Helianthus schweinitzii Schweinitz's Sunflower Endangered Rhus michauxii Michaux's Sumac Endangered Carolina Heelsplitter (Lasmigona decorata) — Endangered Biological Opinion: No effect "Description: The Carolina heelsplitter was first described in 1852. It has an ovate, trapezoid -shaped shell. The outer surface of the shell varies from greenish brown to dark brown in color, and shells from younger specimens have faint greenish brown or black rays. The nacre (inside surface) is often pearly white to bluish white, grading to orange in the deepest part of the shell. However, in older specimens the entire nacre may be a mottled pale orange. The shell of the largest known specimen of the species measures 4.6 inches in length. Like other freshwater mussels, the Carolina heelsplitter feeds by siphoning and filtering food particles from the water column ..." "Habitat: The Carolina heelsplitter requires cool, clean, well -oxygenated water. Stable, silt -free stream bottoms appear to be critical to the species. Typically stable areas occur where the stream banks are well -vegetated with trees and shrubs." (USFWS 2017a) The small sections of perennial streams upstream of the pond and below the pond dam present on the project site are inundated by beaver dams and are not suitable habitat for Carolina heelsplitter. Schweinitz's Sunflower (Helianthus schweinitzii) — Endangered Biological Opinion: May affect; not likely to adversely affect "Description: Schweinitz's sunflower is a perennial that regularly grows approximately 6.5 feet tall (though it can be shorter if young or injured) and can occasionally reach heights of 16 feet. It has thickened roots that are used by the plant to store starch. The stem is purplish in color, and the upper third bears secondary branches at 45-degree angles. The leaves are arranged in pairs on the lower part of the stem but usually occur singly (or alternate) on the upper parts. Leaves are attached to the stem at right angles, and the tips of the leaves tend to droop. The leaves are creating experiences through experience 2 of 6 MCADAMS PROTECTED SPECIES ASSESSMENT > COU-15000 thick and stiff, with a rough upper surface. The upper leaf surfaces have broad spiny hairs that are directed toward the tip and soft white hairs cover the underside. The plant produces small yellow flowers from late August until frost. This species is able to colonize through the dispersal of seeds that readily germinate without a dormant period." "Habitat: Schweinitz's sunflower occurs in full to partial sun and is found in areas with poor soils, such as thin clays that vary from wet to dry. It is believed that this species once occurred in natural forest openings or grasslands. Many of the remaining populations occur along roadsides." (USFWS 2017b) Irregularly maintained areas around the homesite, field edges and powerline easements within the project area contain suitable habitat for Schweinitz's sunflower. NCNHP data from February 19, 2020 indicates no documented occurrences of Schweinitz's sunflower within one mile of the project study area. The nearest documented occurrence of Schweinitz's sunflower shown on the North Carolina Natural Heritage Data Explorer was in 2017 approximately 2.5 miles east of the project area along Waxhaw Highway. Another documented occurrence was observed in 2018 approximately 3.5 miles east of the project area along Waxhaw Highway. The optimal survey window for this species is May to October. Although outside of the optimal survey window, a McAdams staff member conducted a field survey of the suitable habitat focusing on standing dried specimens as described above. Schweinitz's sunflower was not observed within the areas of suitable habitat. Michaux's Sumac (Rhus michauxii) — Endangered Biological Opinion: May affect, not likely to adversely affect "Description: Michaux's sumac is a rhizomatous, densely hairy shrub, with erect stems from one to three feet in height. The compound leaves contain evenly serrated, oblong to lanceolate, acuminate leaflets. Most plants are unisexual; however, more recent observations have revealed plants with both male and female flowers on one plant. The flowers are small, borne in a terminal, erect, dense cluster, and colored greenish yellow to white. Flowering usually occurs from June to July, while the fruit, a red drupe, is produced through the months of August to October." (USFWS 2017c) "Habitat: Michaux's sumac grows in sandy or rocky open woods in association with basic soils. Apparently, this plant survives best in areas where some form of disturbance has provided an open area" (USFWS 2017b). Although the USFWS website states that Michaux's sumac grows in open woods in association with basic soils, the species recovery plan states that the species grows in "open woods on acidic soils with low cation exchange capacity" (USFWS 1993). Irregularly maintained areas around the homesite, field edges and powerline easements within the project area contain suitable habitat for Michaux's sumac. NCNHP data from February 19, 2020 indicates no documented occurrences of Michaux's sumac within one mile of the project study area. The nearest documented occurrence of Michaux's sumac shown on the North Carolina Natural Heritage Data Explorer was a historical observation approximately 3 miles northeast of the project area. The optimal survey window for this species is May to October. creating experiences through experience 3 of 6 MCADAMS PROTECTED SPECIES ASSESSMENT > COU-15000 Although outside of the optimal survey window, a McAdams staff member conducted a field survey of the suitable habitat focusing on short, leafless stems as described above. Michaux's sumac was not observed within the areas of suitable habitat. Northern Long-eared Bat (Myotis septentrionalis) — Threatened Biological Opinion: No effect "Appearance: The northern long-eared bat is a medium-sized bat with a body length of 3 to 3.7 inches but a wingspan of 9 to 10 inches. Their fur color can be medium to dark brown on the back and tawny to pale -brown on the underside. As its name suggests, this bat is distinguished by its long ears, particularly as compared to other bats in its genus, Myotis." "Winter Habitat: Northern long-eared bats spend winter hibernating in caves and mines, called hibernacula. They use areas in various sized caves or mines with constant temperatures, high humidity, and no air currents. Within hibernacula, surveyors find them hibernating most often in small crevices or cracks, often with only the nose and ears visible." "Summer Habitat: During the summer, northern long-eared bats roost singly or in colonies underneath bark, in cavities or in crevices of both live trees and snags (dead trees). Males and non -reproductive females may also roost in cooler places, like caves and mines. Northern long-eared bats seem to be flexible in selecting roosts, choosing roost trees based on suitability to retain bark or provide cavities or crevices. This bat has also been found rarely roosting in structures, like barns and sheds." (USFWS 2018) Northern long-eared bat is not listed on the USFWS Union County species list. Bald and Golden Eagle Protection Act Description: "Distinguished by a white head and white tail feathers, bald eagles are powerful, brown birds that may weigh 14 pounds and have a wingspan of 8 feet. Male eagles are smaller, weighing as much as 10 pounds and have a wingspan of 6 feet." Habitat: "Bald eagles require a good food base, perching areas, and nesting sites. Their habitat includes estuaries, large lakes, reservoirs, rivers, and some seacoasts." (USFWS 2007a) Bald eagles build large nests (4 to 6 feet in diameter and larger) in the tops of tall trees and snags that include perches with a clear view of water. (USFWS 2007b) The NCNHP report did not list eagle nests within 1.0 mile of the project area. McAdams did not observe bald eagles or nests within the project area. Conclusions/Recommendations The project area contains suitable habitat for Michaux's sumac and Schweinitz's sunflower. A biological opinion of "may affect, not likely to adversely affect" was determined for these two species because no individuals were observed during a field survey conducted outside of the optimal survey windows for these species. Northern long- eared bat is not listed for Union County, thus a biological opinion of "no effect" was determined for northern long - creating experiences through experience 4 of 6 MCADAMS PROTECTED SPECIES ASSESSMENT > COU-15000 eared bat. A determination of "No Eagle Act permit required" was determined for the bald eagle because there are no known nests or suitable habitat within 660 feet of the project area. We request your review and comments on this protected species assessment. Sincerely, MCADAMS Jennifer Burdette Sr. Environmental Consultant, Water Resources Attachments: Figure 1. USGS Map Figure 2. Soil Survey Map Figure 3. Aerial Map Figure4. Preliminary Jurisdictional Delineation Map Appendix A. Field Survey Photographs USFWS Official Species List (2/19/2020) NCNHP Site Information (2/19/2020) creating experiences through experience 5 of 6 MCADAMS PROTECTED SPECIES ASSESSMENT > COU-15000 Literature Cited U.S. Fish and Wildlife Service. 2007a. Bald Eagle Fact Sheet, https://www.fws.gov/migratorybirds/pdf/management/bald-eagle-fact-sheet.pdf. U.S. Fish and Wildlife Service. 2007b. National Bald Eagle Management Guidelines, https://www.fws.gov/migratorybirds/pdf/management/nationalbaldeaglenanagementguidelines.pdf U.S. Fish and Wildlife Service. 2018. Northern Long -Eared Bat Fact Sheet. Northern Long -Eared Bat I Species Information, www.fws.gov/midwest/endangered/mammals/nleb/nlebFactSheet.html. U.S. Fish and Wildlife Service (N. Murdock and J. Moore). 1993. Michaux's Sumac Recovery Plan. Atlanta, Georgia: U.S. Fish and Wildlife Service. 30 pp. U.S. Fish and Wildlife Service/Raleigh Ecological Services Field Office. 2017a. Carolina Heelsplitter I Species Information, www.fws.gov/raleigh/species/es_carolina_heelsplitter.html. U.S. Fish and Wildlife Service/Raleigh Ecological Services Field Office. 2017b. Schweinitz's Sunflower I Species Information, www.fws.gov/raleigh/species/es_schweinitz_sunf lower. htm1. U.S. Fish and Wildlife Service/Raleigh Ecological Services Field Office. 2017c. Michaux's Sumac I Species Information, www.fws.gov/raleigh/species/es_michauxs_sumac.html. creating experiences through experience 6 of 6 NOTES: 1. USGS; 7.5 MINUTE, QUAD, "CATAWBA NE", NORTH CAROLINA; 2013 NATIONAL GEOGRAPHIC SOCIETY 2. LAT 34.924627 N, LONG:-80.759958 W 0 500 1,000 STREAM & WETLAND DELINEATION Feet FIGURE 1. USGS TOPOGRAPHIC VICINITY MAP 1 inch = 1,000 feet HELMS PROPERTY DATE: 2/2/2018 WADAMS WAXHAW, NORTH CAROLINA JOB NO: COU-15000 DRAWN BY: burdette Tae� 0 a r T2 �4 ` Tub - r PROJECT ARE, - fAl -1--, _ STREAM FEATURE A i y - Y T el i + f , � jj.•rj k 67 CIO f. Naas 3h t � 1) r NOTES: 1. USGS; SOIL SURVEY SHEET 26, UNION COUNTY, NORTH CAROLINA 2. LAT: 34.924627 N, LONG:-80.759958 W 0 375 750 STREAM & WETLAND DELINEATION Feet FIGURE 2. NRCS SOIL SURVEY 1 inch = 750 feet HELMS PROPERTY DATE: 1/8/2018 WADAMS WAXHAW, NORTH CAROLINA JOB NO: COU-15000 DRAWN BY: roth Y:\Projects\COU\COU-15000\Storm\Wetlands\GIS\COU15000 Figure 2 Soil Survey.mxd, 1/8/2018 3:55:08 PM, roth J MCADAMS PROJECT AREA c FIGURE 3. AERIAL MAP HELMS PROPERTY WAXHAW, UNION COUNTY, NORTH CAROLINA 0 100 200 Feet 1 inch = 200 feet DATE: 1 /3/2019 JOB NO: COU-15000 DRAWN BY: burdette LEGEND a PROJECT AREA 2-FT CONTOUR POTENTIAL WETLAND WATERS OF THE US W1 (A) +/- 0.07 AC 109 TT TOB \ I I I POTENTIAL NONWETLAND WATERS OF THE US I 01 (A) +/- 1.18 AC \ MTERS OF T1 ) +/- 221 PROJECT AREA 115 CL 3' 114 CL 3' POTENTIAL NONWETLAND WATERS OF THE US T1 (A) continued +/- 154 LF 1 TOB 1 — 121 C L 5' POTENTIAL WETLAND WATERS OF THE US W2 (B) +/- 0.02 AC POTENTIAL NONWETLAND WATERS OF THE US T2 (B) +/- 72 LF / 118 TT TOB 1j 0 1 T TO TOB POTENTIAL WETLAND 1 WATERS OF THE US W3 (C) +/- 0.1 AC DF #1 & #2 102 TT TOB POTENTIAL WETLAND WATERS OF THE US W4 (D) +/- 0.01 AC I' I 1 1 C 3' 1 1) Catawba River Basin - HUC 030501030204 (Twelvemile Creek subwatershed) 4) Field work completed 01/25/2018 2) DWR Stream Index Number 11-138-4; Rone Branch; Classification C 5) Jurisdictional limits were verified by Brian Roden -Reynolds, USACE on 2/12/19. 3) There are no FEMA floodplains located within study area. (NCFIRM Map Number 6) Jurisdictional features have not been field surveyed by geomatics. 3710447300J; Map Revised 10/16/2008) 7) Size and dimensional limits of all streams and wetlands are approximate. 0 100 200 J FIGURE 4. PRELIMINARY JURISDICTIONAL Feet DETERMINATION MAP 1 inch = 200 feet HELMS PROPERTY DATE: 2/13/2019 MCADAMS WAXHAW, UNION COUNTY, NORTH CAROLINA JOB NO: COU-15000 DRAWN BY: burdette MCADAMS PROTECTED SPECIES ASSESSMENT > COU-15000 Appendix A. Habitat Photographs Photo 1. Perennial stream looking toward pond dam and showing channel inundated by beaver (25 Jan 2018) Photo 2. Perennial stream in the left fork above the pond showing inundation by the pond from beaver activity (12 Mar 2020) creating experiences through experience t yY y ► Ty f!L x MCADAMS PROTECTED SPECIES ASSESSMENT > COU-15000 Photo 5. Field edge from near Waxhaw-Marvin Road looking south (12 Mar 2020) Photo 6. Field edge southernmost corner of field looking northwest (12 Mar 2020) creating experiences through experience 3 of 4 MCADAMS PROTECTED SPECIES ASSESSMENT > COU-15000 Photo 7. Less frequently maintained area around power poles adjacent to Helms Road looking southwest (12 Mar 2020) Photo 8. Powerline ROW along Helms Road looking northeast (12 Mar 2020) creating experiences through experience 4 of 4 -+ United States Department of the Interior FISH AND WILDLIFE SERVICE Asheville Ecological Services Field Office t UWA 160 Zillicoa Street Asheville, NC 28801-1082 Phone: (828) 258-3939 Fax: (828) 258-5330 http://www.fws.gov/nc-es/es/couMfr.html In Reply Refer To: February 19, 2020 Consultation Code: 04EN1000-2020-SLI-0346 Event Code: 04EN1000-2020-E-00820 Project Name: Belshire at Waxhaw Subject: List of threatened and endangered species that may occur in your proposed project location, and/or may be affected by your proposed project To Whom It May Concern: The attached species list identifies threatened, endangered, proposed and candidate species, as well as proposed and final designated critical habitat, that may occur within the boundary of your proposed project and/or may be affected by your proposed project. Although not required by section 7, many agencies request species lists to start the informal consultation process and begin their fulfillment of the requirements under section 7(c) of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). This list, along with other helpful resources, is also available on the U.S. Fish and Wildlife Service (Service) Asheville Field Office's (AFO) website: https://www.fws.gov/raleigh/species/ cntylist/nc counties.html. The AFO website list includes "species of concern" species that could potentially be placed on the federal list of threatened and endangered species in the future. Also available are: Design and Construction Recommendations https://www.fws.gov/asheville/htmis/project review/Recommendations.html Optimal Survey Times for Federally Listed Plants https://www.fws.gov/nc-es/plant/plant survey.html Northern long-eared bat Guidance https://www.fws.gov/asheville/htmis/project review/NLEB in WNC.html Predictive Habitat Model for Aquatic Species https://www.fws.gov/asheville/htmls/Maxent/Maxent.html 02/19/2020 Event Code: 04EN1000-2020-E-00820 New information based on updated surveys, changes in the abundance and distribution of species, changed habitat conditions, or other factors could require modifications of these lists. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act, the accuracy of the species lists should be verified after 90 days. This verification can be completed formally or informally as desired. The Service recommends that verification be completed by visiting the ECOS-IPaC website or the AFO website (the AFO website dates each county list with the day of the most recent update/change) at regular intervals during project planning and implementation for updates to species lists and information. An updated list may be requested through the ECOS-IPaC system by completing the same process used to receive the enclosed list or by going to the AFO website. The purpose of the Act is to provide a means whereby threatened and endangered species and the ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to utilize their authorities to carry out programs for the conservation of threatened and endangered species and to determine whether projects may affect threatened and endangered species and/or designated critical habitat. A Biological Assessment is required for construction projects (or other undertakings having similar physical impacts) that are major Federal actions significantly affecting the quality of the human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2) (c)). For projects other than major construction activities, the Service suggests that a Biological Evaluation similar to a Biological Assessment be prepared to determine whether the project may affect listed or proposed species and/or designated or proposed critical habitat. Recommended contents of a Biological Assessment are described at 50 CFR 402.12 and on our office's website at https://www.fws.gov/asheville/htmis/project review/assessment guidance.html. If a Federal agency (or their non-federal representative) determines, based on the Biological Assessment or Biological Evaluation, that listed species and/or designated critical habitat may be affected by the proposed project, the agency is required to consult with the Service pursuant to 50 CFR 402. In addition, the Service recommends that candidate species, proposed species, and proposed critical habitat be addressed within the consultation. More information on the regulations and procedures for section 7 consultation, including the role of permit or license applicants, can be found in the "Endangered Species Consultation Handbook" at: http:// www.fws.gov/endangered/esa-library/pdf/TOC-GLOS.PDF. Though the bald eagle is no longer protected under the Endangered Species Act, please be aware that bald and golden eagles are protected under the Bald and Golden Eagle Protection Act (16 U.S.C. 668 et seq.), and projects affecting these species may require additional consultation (see https://www.fws.gov/southeast/our-services/permits/eagles/). Wind energy projects should follow the wind energy guidelines (http://www.fws.gov/windenergy/) for minimizing impacts to migratory birds (including bald and golden eagles) and bats. Guidance for minimizing impacts to migratory birds for projects including communications towers (e.g., cellular, digital television, radio, and emergency broadcast) can be found at: http:// www. fws. gov/migratorybirds/CurrentBirdlssues/Hazards/towers/towers.htm; 02/19/2020 Event Code: 04EN1000-2020-E-00820 http://www.towerkill.com; and http://www.fws.gov/migrato!ybirds/CurrentBirdlssues/Hazards/ towers/comtow.html. We appreciate your concern for threatened and endangered species. The Service encourages Federal agencies to include conservation of threatened and endangered species into their project planning to further the purposes of the Act. Please include the Consultation Tracking Number in the header of this letter with any request for consultation or correspondence about your project that you submit to our office. Attachment(s): • Official Species List • Migratory Birds • Wetlands 02/19/2020 Event Code: 04EN1000-2020-E-00820 Official Species List This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the requirement for Federal agencies to "request of the Secretary of the Interior information whether any species which is listed or proposed to be listed may be present in the area of a proposed action". This species list is provided by: Asheville Ecological Services Field Office 160 Zillicoa Street Asheville, NC 28801-1082 (828) 258-3939 02/19/2020 Event Code: 04EN1000-2020-E-00820 2 Project Summary Consultation Code: 04EN1000-2020-SLI-0346 Event Code: 04EN1000-2020-E-00820 Project Name: Belshire at Waxhaw Project Type: DEVELOPMENT Project Description: Residential development including 65 single-family homes, 40 townhomes, and associated amenity areas, utilities and stormwater management facilities. Project Location: Approximate location of the project can be viewed in Google Maps: https: www.google.com/maps/place/34.925080267675895N80.75997712370119W t� Counties: Union, NC IE 02/19/2020 Event Code: 04EN1000-2020-E-00820 3 Endangered Species Act Species There is a total of 3 threatened, endangered, or candidate species on this species list. Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species. IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA Fisheriesi, as USFWS does not have the authority to speak on behalf of NOAA and the Department of Commerce. See the "Critical habitats" section below for those critical habitats that lie wholly or partially within your project area under this office's jurisdiction. Please contact the designated FWS office if you have questions. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce. Clams NAME STATUS Carolina Heelsplitter Lasmigona decorata Endangered There is final critical habitat for this species. Your location is outside the critical habitat. Species profile: https:Hecos.fws.gov/ecp/species/3534 Flowering Plants NAME STATUS Michaux's Sumac Rhus michauxii Endangered No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/5217 Schweinitz's Sunflower Helianthus schweinitzii Endangered No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/3849 Critical habitats THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECTAREA UNDER THIS OFFICE'S JURISDICTION. 02/19/2020 Event Code: 04EN1000-2020-E-00820 Migratory Birds Certain birds are protected under the Migratory Bird Treaty Act! and the Bald and Golden Eagle Protection Actz. Any person or organization who plans or conducts activities that may result in impacts to migratory birds, eagles, and their habitats should follow appropriate regulations and consider implementing appropriate conservation measures, as described below. 1. The Migratory Birds Treaty Act of 1918. 2. The Bald and Golden Eagle Protection Act of 1940. 3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a) The birds listed below are birds of particular concern either because they occur on the USFWS Birds of Conservation Concern (BCC) list or warrant special attention in your project location. To learn more about the levels of concern for birds on your list and how this list is generated, see the FAQ below. This is not a list of every bird you may find in this location, nor a guarantee that every bird on this list will be found in your project area. To see exact locations of where birders and the general public have sighted birds in and around your project area, visit the E-bird data mapping tool (Tip: enter your location, desired date range and a species on your list). For projects that occur off the Atlantic Coast, additional maps and models detailing the relative occurrence and abundance of bird species on your list are available. Links to additional information about Atlantic Coast birds, and other important information about your migratory bird list, including how to properly interpret and use your migratory bird report, can be found below. For guidance on when to schedule activities or implement avoidance and minimization measures to reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE SUMMARY at the top of your list to see when these birds are most likely to be present and breeding in your project area. NAME BREEDING SEASON Prairie Warbler Dendroica discolor Breeds May 1 to Jul 31 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Prothonotary Warbler Protonotaria citrea Breeds Apr 1 to Jul 31 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. 02/19/2020 Event Code: 04EN1000-2020-E-00820 Probability Of Presence Summary The graphs below provide our best understanding of when birds of concern are most likely to be present in your project area. This information can be used to tailor and schedule your project activities to avoid or minimize impacts to birds. Please make sure you read and understand the FAQ "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting to interpret this report. Probability of Presence ( ') Each green bar represents the bird's relative probability of presence in the 10km grid cell(s) your project overlaps during a particular week of the year. (A year is represented as 12 4-week months.) A taller bar indicates a higher probability of species presence. The survey effort (see below) can be used to establish a level of confidence in the presence score. One can have higher confidence in the presence score if the corresponding survey effort is also high. How is the probability of presence score calculated? The calculation is done in three steps: The probability of presence for each week is calculated as the number of survey events in the week where the species was detected divided by the total number of survey events for that week. For example, if in week 12 there were 20 survey events and the Spotted Towhee was found in 5 of them, the probability of presence of the Spotted Towhee in week 12 is 0.25. 2. To properly present the pattern of presence across the year, the relative probability of presence is calculated. This is the probability of presence divided by the maximum probability of presence across all weeks. For example, imagine the probability of presence in week 20 for the Spotted Towhee is 0.05, and that the probability of presence at week 12 (0.25) is the maximum of any week of the year. The relative probability of presence on week 12 is 0.25/0.25 = 1; at week 20 it is 0.05/0.25 = 0.2. 3. The relative probability of presence calculated in the previous step undergoes a statistical conversion so that all possible values fall between 0 and 10, inclusive. This is the probability of presence score. Breeding Season( ) Yellow bars denote a very liberal estimate of the time -frame inside which the bird breeds across its entire range. If there are no yellow bars shown for a bird, it does not breed in your project area. Survey Effort (1) Vertical black lines superimposed on probability of presence bars indicate the number of surveys performed for that species in the 10km grid cell(s) your project area overlaps. The number of surveys is expressed as a range, for example, 33 to 64 surveys. No Data (—) A week is marked as having no data if there were no survey events for that week. Survey Timeframe 02/19/2020 Event Code: 04EN1000-2020-E-00820 3 Surveys from only the last 10 years are used in order to ensure delivery of currently relevant information. The exception to this is areas off the Atlantic coast, where bird returns are based on all years of available data, since data in these areas is currently much more sparse. ■ probability of presence breeding season I survey effort — no data SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Prairie Warbler '-- gill 'lk - - - - - - - . , -- . . — . . — . -- BCC Rangewide (CON) Prothonotary -- —4-- Warbler BCC Rangewide (CON) Additional information can be found using the following links: • Birds of Conservation Concern http://www.fws.gov/birds/management/managed-species/ birds-of-conservation-concern.DhD • Measures for avoiding and minimizing impacts to birds http://www.fws.gov/birds/ management/project-assessment-tools-and-guidance/ conservation-measures.php • Nationwide conservation measures for birds http://www.fws.gov/migratoDLbirds/pdf/ irds/pdf/ management/nationwidestandardconservationmeasures. pdf Migratory Birds FAQ Tell me more about conservation measures I can implement to avoid or minimize impacts to migratory birds. Nationwide Conservation Measures describes measures that can help avoid and minimize impacts to all birds at any location year round. Implementation of these measures is particularly important when birds are most likely to occur in the project area. When birds may be breeding in the area, identifying the locations of any active nests and avoiding their destruction is a very helpful impact minimization measure. To see when birds are most likely to occur and be breeding in your project area, view the Probability of Presence Summary. Additional measures and/or permits may be advisable depending on the type of activity you are conducting and the type of infrastructure or bird species present on your project site. What does IPaC use to generate the migratory birds potentially occurring in my specified location? The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern BCC and other species that may warrant special attention in your project location. 02/19/2020 Event Code: 04EN1000-2020-E-00820 4 The migratory bird list generated for your project is derived from data provided by the Avian Knowledge Network (AKN). The AKN data is based on a growing collection of survey, banding, and citizen science datasets and is queried and filtered to return a list of those birds reported as occurring in the 10km grid cell(s) which your project intersects, and that have been identified as warranting special attention because they are a BCC species in that area, an eagle (Eagle Act requirements may apply), or a species that has a particular vulnerability to offshore activities or development. Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your project area. It is not representative of all birds that may occur in your project area. To get a list of all birds potentially present in your project area, please visit the AKN Phenology Tool. What does IPaC use to generate the probability of presence graphs for the migratory birds potentially occurring in my specified location? The probability of presence graphs associated with your migratory bird list are based on data provided by the Avian Knowledge Network (AKN). This data is derived from a growing collection of survey, banding, and citizen science datasets . Probability of presence data is continuously being updated as new and better information becomes available. To learn more about how the probability of presence graphs are produced and how to interpret them, go the Probability of Presence Summary and then click on the "Tell me about these graphs" link. How do I know if a bird is breeding, wintering, migrating or present year-round in my project area? To see what part of a particular bird's range your project area falls within (i.e. breeding, wintering, migrating or year-round), you may refer to the following resources: The Cornell Lab of Ornithology All About Birds Bird Guide, or (if you are unsuccessful in locating the bird of interest there), the Cornell Lab of Ornithology Neotropical Birds guide. If a bird on your migratory bird species list has a breeding season associated with it, if that bird does occur in your project area, there may be nests present at some point within the timeframe specified. If "Breeds elsewhere" is indicated, then the bird likely does not breed in your project area. What are the levels of concern for migratory birds? Migratory birds delivered through IPaC fall into the following distinct categories of concern: 1. "BCC Rangewide" birds are Birds of Conservation Concern (BCC) that are of concern throughout their range anywhere within the USA (including Hawaii, the Pacific Islands, Puerto Rico, and the Virgin Islands); 2. "BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation Regions (BCRs) in the continental USA; and 3. "Non -BCC - Vulnerable" birds are not BCC species in your project area, but appear on your list either because of the Eagle Act requirements (for eagles) or (for non -eagles) potential susceptibilities in offshore areas from certain types of development or activities (e.g. offshore energy development or longline fishing). 02/19/2020 Event Code: 04EN1000-2020-E-00820 5 Although it is important to try to avoid and minimize impacts to all birds, efforts should be made, in particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC species of rangewide concern. For more information on conservation measures you can implement to help avoid and minimize migratory bird impacts and requirements for eagles, please see the FAQs for these topics. Details about birds that are potentially affected by offshore projects For additional details about the relative occurrence and abundance of both individual bird species and groups of bird species within your project area off the Atlantic Coast, please visit the Northeast Ocean Data Portal. The Portal also offers data and information about other taxa besides birds that may be helpful to you in your project review. Alternately, you may download the bird model results files underlying the portal maps through the NOAA NCCOS Integrative Statistical Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic Outer Continental Shelf project webpage. Bird tracking data can also provide additional details about occurrence and habitat use throughout the year, including migration. Models relying on survey data may not include this information. For additional information on marine bird tracking data, see the Diving Bird Study and the nanotag studies or contact Caleb Spiegel or Pam Lorin. What if I have eagles on my list? If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid violating the Eagle Act should such impacts occur. Proper Interpretation and Use of Your Migratory Bird Report The migratory bird list generated is not a list of all birds in your project area, only a subset of birds of priority concern. To learn more about how your list is generated, and see options for identifying what other birds may be in your project area, please see the FAQ "What does IPaC use to generate the migratory birds potentially occurring in my specified location". Please be aware this report provides the "probability of presence" of birds within the 10 km grid cell(s) that overlap your project; not your exact project footprint. On the graphs provided, please also look carefully at the survey effort (indicated by the black vertical bar) and for the existence of the "no data" indicator (a red horizontal bar). A high survey effort is the key component. If the survey effort is high, then the probability of presence score can be viewed as more dependable. In contrast, a low survey effort bar or no data bar means a lack of data and, therefore, a lack of certainty about presence of the species. This list is not perfect; it is simply a starting point for identifying what birds of concern have the potential to be in your project area, when they might be there, and if they might be breeding (which means nests might be present). The list helps you know what to look for to confirm presence, and helps guide you in knowing when to implement conservation measures to avoid or minimize potential impacts from your project activities, should presence be confirmed. To learn more about conservation measures, visit the FAQ "Tell me about conservation measures I can implement to avoid or minimize impacts to migratory birds" at the bottom of your migratory bird trust resources page. 02/19/2020 Event Code: 04EN1000-2020-E-00820 Wetlands Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under Section 404 of the Clean Water Act, or other State/Federal statutes. For more information please contact the Regulatory Program of the local U.S. Army Corps of Engineers District. Please note that the NWI data being shown may be out of date. We are currently working to update our NWI data set. We recommend you verify these results with a site visit to determine the actual extent of wetlands on site. WETLAND INFORMATION WAS NOT AVAILABLE WHEN THIS SPECIES LIST WAS GENERATED. PLEASE VISIT HTTPS://WWW.FWS.GOVM/ETLANDS/DATA/MAPPER.HTML OR CONTACT THE FIELD OFFICE FOR FURTHER INFORMATION. 4 ,own Roy Cooper, Governor •� ow NC DEPARTMENT OF Susi Hamilton. Secretary 0>•- >•x NATURAL AND CULTURAL RESOURCES Walter Clark, Director, Land and Water Stewardship NCNHDE-11413 February 19, 2020 Alec Pierzga The John R. McAdams Company 2905 Meridian Parkway Durham, NC 27713 RE: Belshire at Waxhaw: COU-15000 Dear Alec Pierzga: The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources for the project referenced above. Based on the project area mapped with your request, a query of the NCNHP database indicates that there are no records for rare species, important natural communities, natural areas, and/or conservation/managed areas within the proposed project boundary. Please note that although there may be no documentation of natural heritage elements within the project boundary, it does not imply or confirm their absence; the area may not have been surveyed. The results of this query should not be substituted for field surveys where suitable habitat exists. In the event that rare species are found within the project area, please contact the NCNHP so that we may update our records. The attached `Potential Occurrences' table summarizes rare species and natural communities that have been documented within a one -mile radius of the property boundary. The proximity of these records suggests that these natural heritage elements may potentially be present in the project area if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile radius of the project area, if any, are also included in this report. If a Federally -listed species is found within the project area or is indicated within a one -mile radius of the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for guidance. Contact information for USFWS offices in North Carolina is found here: httr)s://www.fws.aov/offices/Directory/ListOffices.cfm?statecode=37. Please note that natural heritage element data are maintained for the purposes of conservation planning, project review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions. Information provided by the NCNHP database may not be published without prior written notification to the NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NCNHP data may not be redistributed without permission. The NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature Preserve, Registered Heritage Area, Clean Water Management Trust Fund easement, or Federally -listed species are documented near the project area. If you have questions regarding the information provided in this letter or need additional assistance, please contact Rodney A. Butler at rod ney.butlerCo�ncdcr.aov or 919-707-8603. Sincerely, NC Natural Heritage Program 0EPAR7MENT OF NATURAL AND CULTURAL RESOURCES p] 121 W. JONES STREET RALEIGH. r-t% 27603 - 1651 MAUL SERv1GE CENTER. RALEdGH. 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