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Home My WebLink About20200575 Ver 1_401 Application_20200428Staff Review Does this application have all the attachments needed to accept it into the review process?* r Yes r No ID#* 20200575 Version* 1 Is this project a public transportation project?* r Yes r No Reviewer List:* Alan Johnson:eads\adjohnson1 Select Reviewing Office:* Mooresville Regional Office - (704) 663-1699 Submittal Type:* 401 Application Does this project require a request for payment to be sent?* r Yes r No How much is r $240.00 owed?* r $570.00 Project Submittal Form Please note: fields marked with a red asterisk below are required. You will not be able to submit the form until all mandatory questions are answered. Project Type: r New Project r New Project w Existing ID r Pre -Application Submittal r More Information Response r Other Agency Comments r For the Record Only (Courtesy Copy) r Stream or Buffer Appeal New Project - Please check the new project type if you are trying to submit a new project that needs an official approval decision. Pre -Application Submittal - Please check the pre -application submittal if you just want feedback on your submittal and do not have the expectation that your submittal will be considered a complete application requiring a formal decision. More Information Response - Please check this type if you are responding to a request for information from staff and you have and ID# and version for this response. Other Agency Comments - Please check this if you are submitting comments on an existing project. Project Contact Information Name: Aliisa Harjuniemi VUio is subrritting the inforrration? Email Address: aliisa@cws-inc.net Project Information Project Name: Frank Grier Road Is this a public transportation project? r Yes r No Is the project located within a NC DCM Area of Environmental Concern (AEC)? r Yes r No r Unknown County (ies) Mecklenburg Please upload all files that need to be submited. aick the upload button or drag and drop files here to attach document 2018-0406.Frank Grier Road.4.24.20.NWP29.pdf 15.33MB Only pdf or Iv17 files are accepted. Describe the attachments: Pre -Construction Notification pursuant for Nationwide Permit No. 29 and WQC 4139. Sign and Submit V Bychecking the boxand signing box below, I certifythat: • I have given true, accurate, and complete information on this form; • I agree that submission of this 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 online form." Signature: LlIrli�r Submittal Date: Is filled in &Ao ratically. Preliminary ORM Data Entry Fields for New Actions SAW – 201 Ͳ BEGIN DATE [Received Date]: Prepare file folder Assign Action ID Number in ORM 1.Project Name [PCN FŽƌm A2a]: 2.Work Type: Private Institutional Government Commercial 3.Project Description / Purpose [PCN Form B3d and B3e]: 4.Property Owner / Applicant [PCN Form A3 or A4]: 5.Agent / Consultant [PCN Form A5 – or ORM Consultant ID Number]: 6.Related Action ID Number(s) [PCN Form B5b]: 7.Project Location - Coordinates͕^ƚƌĞĞƚĚĚƌĞƐƐ͕ĂŶĚͬŽƌ>ŽĐĂƚŝŽŶĞƐĐƌŝƉƚŝŽŶ[PCN Form B1b]: 8.Project Location - Tax Parcel ID [PCN Form B1a]: 9.Project Location – County [PCN Form A2b]: 10.Project Location – Nearest Municipality or Town [PCN Form A2c]: 11.Project Information – Nearest Waterbody [PCN Form B2a]: ϭϮ͘tĂƚĞƌƐŚĞĚͬϴͲŝŐŝƚ,ǇĚƌŽůŽŐŝĐhŶŝƚŽĚĞ΀WE&ŽƌŵϮĐ΁͗ Authorization: Section 10 Section 404 Section 10 & 404 Regulatory Action Type: Standard Permit Nationwide Permit # Regional General Permit # Jurisdictional Determination Request Pre-Application Request Unauthorized ĐƚŝǀŝƚǇ Compliance EŽWĞƌŵŝƚZĞƋƵŝƌĞĚ Revised 20150602 9 1139 Frank Grier Road ✔ The purpose of the project is to develop the property for a single-family subdivision. Applicant: Eastwood Homes; POC: Brad Dyer CWS; POC: Ms. Aliisa Harjuniemi, PWS SAW-2019-01139 East of the Plott Road and Plaza Road Extension intersection in Charlotte,North Carolina. 35.251893, -80.709868 10811227, and 10811229 Mecklenburg Charlotte UT to Reedy Creek 03040105 ✔ ✔29 CAROLINA WETLAND SERVICES, INC. 550 E. Westinghouse Blvd. Charlotte, NC 28273 704-527-1177(office) 704-527-1133 (fax) To: Mr. David Shaeffer Date: April 24, 2020 U.S. Army Corps of Engineers, Charlotte Satellite Office 151 Patton Avenue, Room 208 Asheville, NC 28801 Subject: Pre -Construction Notification Pursuant to Nationwide Permit No. 29 Frank Grier Road Charlotte, North Carolina CWS Project No. 2018-0406 Dear Mr. Shaeffer, The Frank Grier Road site is approximately 40 acres in extent and is located east of the Plott Road and Plaza Road Extension intersection in Mecklenburg County, North Carolina (Figures 1 and 2, Attachment A). Eastwood Homes has contracted Carolina Wetland Services, Inc. (CWS) to provide Section 404/401 permitting services for this project. An executed Agent Authorization Form is attached (Attachment B). CWS is submitting a Pre -Construction Notification pursuant to Nationwide Permit No. 29 to the U.S. Army Corps of Engineers for proposed permanent impacts to jurisdictional waters of the U.S. associated with developing the property for a single-family residential subdivision. A copy of the PCN application is being provided to the North Carolina Division of Environmental Quality (NCDEQ) with a check of $570 for the 401 Water Quality Certification approval fee. ATTACHMENTS INCLUDED: DESCRIPTION Attachment A - Figures 1-7 Attachment B - Agent Authorization Form Attachment C - Preliminary Jurisdictional Determination SAW-2019-01139 Attachment D - Property Owner Info Attachment E - Proposed Impacts Attachment F - Protected Species Habitat Assessment Attachment G - ILF Acceptance Letter Attachment H - SHPO Letter Attachment I - Photopa e (Photographs 1-12 Please do not hesitate to contact Aliisa Harjuniemi at 980-259-1222 or aliisa@cws-inc.net should you have any questions or comments regarding this request. Sincerely, Aliisa Harjuniemi, PWS Senior Project Manager Page 1 of 17 PCN Form – Version 1.4 January 2009 Office Use Only: Corps action ID no. DWQ project no. Form Version 1.4 January 2009 Pre-Construction Notification (PCN) Form A. Applicant Information 1. Processing 1a. Type(s) of approval sought from the Corps: ☒ Section 404 Permit ☐ Section 10 Permit 1b. Specify Nationwide Permit (NWP) number: 29 or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? ☐ Yes ☒ No 1d. Type(s) of approval sought from the DWQ (check all that apply): ☒ 401 Water Quality Certification – Regular ☐ Non-404 Jurisdictional General Permit ☐ 401 Water Quality Certification – Express ☐ Riparian Buffer Authorization 1e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ☐ Yes ☒ No For the record only for Corps Permit: ☐ Yes ☒ No 1f. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in-lieu fee program. ☒ Yes ☐ No 1g. Is the project located in any of NC’s twenty coastal counties. If yes, answer 1h below. ☐ Yes ☒ No 1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ☐ Yes ☒ No 2. Project Information 2a. Name of project: Frank Grier Road 2b. County: Mecklenburg 2c. Nearest municipality / town: Charlotte 2d. Subdivision name: N/A 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: See Attachment D 3b. Deed Book and Page No. 3c. Responsible Party (for LLC if applicable): 3d. Street address: 3e. City, state, zip: 3f. Telephone no.: POC: Mr. Brad Dyer: 980‐721‐0919 3g. Fax no.: 3h. Email address: POC: Mr. Brad Dyer: bdyer@eastwoodhomes.com Page 2 of 17 PCN Form – Version 1.4 January 2009 4. Applicant Information (if different from owner) 4a. Applicant is: ☐ Agent ☒ Other 4b. Name: Mr. Brad Dyer 4c. Business name (if applicable): Eastwood Homes 4d. Street address: 2857 Westport Road 4e. City, state, zip: Charlotte, NC 28208 4f. Telephone no.: 980‐721‐0919 4g. Fax no.: N/A 4h. Email address: bdyer@eastwoodhomes.com 5. Agent/Consultant Information (if applicable) 5a. Name: Aliisa Harjuniemi, PWS 5b. Business name (if applicable): Carolina Wetland Services, Inc. 5c. Street address: 550 E. Westinghouse Blvd. 5d. City, state, zip: Charlotte, NC 28273 5e. Telephone no.: 980‐259‐1222 5f. Fax no.: N/A 5g. Email address: aliisa@cws‐inc.net Page 3 of 17 PCN Form – Version 1.4 January 2009 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 10811227, and 10811229 1b. Site coordinates (in decimal degrees): Latitude: 35.251893° Longitude: -80.709868° 1c. Property size: 40 acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: Reedy Creek 2b. Water Quality Classification of nearest receiving water: Class C 2c. River basin: Yadkin (HUC 03040105) 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: The project area consists of undeveloped forested. On-site elevations range from 690-750 feet above mean sea level (Figure 2). Land cover within the project area consists of deciduous forest, mixed forest, and woody wetlands (Figure 3). The surrounding land use consists of single-family residential areas and undeveloped forested areas. According to the United States Department of Agriculture - Natural Resources Conservation Service (USDA-NRCS) Web Soil Survey of Mecklenburg County (Figure 4) and the NRCS Historic Soil Survey for Mecklenburg County (Figure 5), current and historic on-site soils consist of two different soil types. None of the on-site soils are listed on the Web Soil Survey as containing hydric inclusions. National Wetlands Inventory GIS layer does not depict any wetlands within the project limits (Figure 6). There are eleven jurisdictional waters of the U.S. located within the project boundary totaling approximately 2.22 acres, including 1,507 linear feet of jurisdictional stream channel (Figure 7). These waters consist of seven jurisdictional wetlands (Wetlands AA-GG), and four jurisdictional stream channels (Streams A-D) 3b. List the total estimated acreage of all existing wetlands on the property: 2.08 ac. 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 809 linear feet of perennial stream, 698 linear feet of intermittent stream 3d. Explain the purpose of the proposed project: The purpose of this project is to develop the property into single-family residential subdivision. This project will provide residential housing for Charlotte to meet the growing demand for housing due to rapid population growth in the Charlotte metropolitan area. Page 4 of 17 PCN Form – Version 1.4 January 2009 3e. Describe the overall project in detail, including the type of equipment to be used: The project proposed developing the site for single-family residential subdivision. Under NWP No. 29, proposed impacts to jurisdictional waters associated with this project total 0.24 acre of jurisdictional wetland and 181 linear feet of stream channel. The proposed site plan and impacts are depicted in Attachment E. Crossings 1-3 Proposed widening of the Frank Grier Road in order to meet the City of Charlotte requirements will result in both permanent and temporary impacts to the jurisdictional features located along the existing road. The footprint of the road has been minimized to the maximum extent practicable. The permanent stream impacts are result of the culvert extensions and associate rip rap aprons and dewatering system (S1-S6). The wetland impacts due to the road widening consist of fill and temporary clearing for the construction (W1-W7). Crossing 4 Proposed wetland crossing in the western portion of the property is required to meet block length and connectivity requirements for the City of Charlotte. The wetland impacts due to this road crossing consist of fill for the road and temporary clearing for the construction (W8-W9). A culvert will be installed to maintain the hydrologic connection between the up-and-downgradient portions. Typical construction equipment such as excavators, track hoes, and bulldozers will be used to construct this development. Page 5 of 17 PCN Form – Version 1.4 January 2009 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project (including all prior phases) in the ☒ Yes ☐ No ☐ Unknown Comments: 4b. If the Corps made the jurisdictional determination, what type of determination was made? ☒ Preliminary ☐ Final 4c. If yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: CWS 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. Preliminary Jurisdictional Determination, dated February 3, 2020 is included as Attachment C (SAW-2019-01139). 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in ? ☐ Yes ☐ No ☒ Unknown 5b. If yes, explain in detail according to “help file” instructions. The existing Frank Grier Road crosses multiple jurisdictional features. However, this road was constructed in the 1970s-1980s and these crossings should not be counted towards the cumulative impacts. 6. Future Project Plans 6a. Is this a phased project? ☐ Yes ☒ No 6b. If yes, explain. Page 6 of 17 PCN Form – Version 1.4 January 2009 C. Proposed Impacts Inventory 1. Impacts Summary 1a. Which sections were completed below for your project (check all that apply): ☒ Wetlands ☒ Streams – tributaries ☐ Buffers ☐ Open Waters ☐ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. Wetland impact number Permanent (P) or Temporary (T) 2b. Type of impact 2c. Type of wetland 2d. Forested 2e. Type of jurisdiction Corps (404,10) or DWQ (401, other) 2f. Area of impact (acres) W1 P Fill Headwater Forest Yes 404 0.02 W2 T Clearing for construction Headwater Forest Yes 404 0.01 W3 P Fill Headwater Forest Yes 404 0.03 W4 T Clearing for construction Headwater Forest Yes 404 0.03 W5 P Clearing for sewer easement Headwater Forest Yes 404 0.01 W6 P Fill Headwater Forest Yes 404 0.02 W7 T Clearing for construction Headwater Forest Yes 404 0.02 W8 P Fill Headwater Forest Yes 404 0.08 W9 T Clearing for construction Headwater Forest Yes 404 0.02 2g. Total Wetland Impacts: 0.24 ac. 2h. Comments: Proposed permanent wetland impacts total 0.16 ac. Proposed temporary wetland impacts total 0.08 ac. 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. Stream impact number Permanent (P) or Temporary (T) 3b. Type of impact 3c. Stream name 3d. Perennial (PER) or intermittent (INT)? 3e. Type of jurisdiction 3f. Average stream width (feet) 3g. Impact length (linear feet) S1 P Culvert extension Stream D INT Corps 3 18 S2 P Rip rap Stream D INT Corps 3 13 S3 P Fill due to road widening Stream C INT Corps 2 91 S4 P Culvert extension Stream A PER Corps 4 16 S5 P Rip rap Stream A PER Corps 4 23 S6 T Dewatering system Stream A Per Corps 4 20 3h. Total stream and tributary impacts 181 lf Page 7 of 17 PCN Form – Version 1.4 January 2009 3i. Comments: Proposed loss of stream channel total 125 lf Proposed permanent impacts total 161 lf Proposed temporary impacts total 20 lf Page 8 of 17 PCN Form – Version 1.4 January 2009 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individually list all open water impacts below. 4a. Open water impact number Permanent (P) or Temporary (T) 4b. Name of waterbody (if applicable 4c. Type of impact 4d. Waterbody type 4e. Area of impact (acres) O1 ‐ Choose One Choose O2 ‐ Choose One Choose O3 ‐ Choose One Choose O4 ‐ Choose One Choose 4f. Total open water impacts 4g. Comments: 5. Pond or Lake Construction If pond or lake construction proposed, then complete the chart below. 5a. Pond ID number 5b. Proposed use or purpose of pond 5c. Wetland Impacts (acres) 5d. Stream Impacts (feet) 5e. Upland (acres) Flooded Filled Excavated Flooded Filled Excavated P1 Choose One P2 Choose One 5f. Total: 5g. Comments: 5h. Is a dam high hazard permit required? ☐ Yes ☐ No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. 6a. Project is in which protected basin? ☐ Neuse ☐ Tar-Pamlico ☐ Catawba ☐ Randleman ☐ Other: 6b. Buffer Impact number – Permanent (P) or Temporary (T) 6c. Reason for impact 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact (square feet) 6g. Zone 2 impact (square feet) B1 B2 B3 B4 B5 Page 9 of 17 PCN Form – Version 1.4 January 2009 B6 ‐ Yes/No 6h. Total Buffer Impacts: 6i. Comments: Page 10 of 17 PCN Form – Version 1.4 January 2009 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. To avoid and minimize impacts to jurisdictional waters of the U.S., the site was delineated prior to finalizing the site plan and the proposed site plan was designed around the delineation results. Approximately 1,326 linear feet of on-site stream channel and 1.84 acres of wetland were avoided through site design. Wingwall at the inlet and outlets of the culverts are utilized to minimize the length of the impacts. Two lots were removed (between the lots 71 and 72) to avoid approximately 0.07 acre of additional impacts to Wetland EE. Proposed widening of the Frank Grier Road is needed to meet the City of Charlotte requirements. The footprint of the road has been minimized to the maximum extent practicable. Without the road widening, the site could not be developed into a subdivision. Project Alternatives Proposed wetland crossing in the western portion of the property is required to meet block length and connectivity requirements for the City of Charlotte. Since cul-de sac roads would not be counted towards the block length, an alternative constructing two dead end cul-de-sac road was considered. However, this would result in a loss of approximately 10 additional lots and put the economic feasibility of the project in jeopardy. Additionally, City of Charlotte subdivision ordinance states that cul-de-sacs and other permanently dead-end streets should be avoided. Therefore, this alternative was rejected from further consideration. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Proper sediment and erosion control measures will be used to minimize disturbances to downstream waters. Silt fence will be installed around the jurisdictional features, outside of the avoided wetlands and streams. Construction activities and impacts to on-site jurisdictional waters of the U.S. will comply with all conditions of Nationwide Permit No. 29 and Water Quality Certificate No. 4139. All work will be constructed in the dry and all temporary fill will be removed following the work. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? ☒ Yes ☐ No 2b. If yes, mitigation is required by (check all that apply): ☐ DWQ ☒ Corps 2c. If yes, which mitigation option will be used for this project? ☐ Mitigation bank ☒ Payment to in-lieu fee program ☐ Permittee Responsible Mitigation Page 11 of 17 PCN Form – Version 1.4 January 2009 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type: Choose One Type: Choose One Type: Choose One Quantity: Quantity: Quantity: 3c. Comments: 4. Complete if Making a Payment to In-lieu Fee Program 4a. Approval letter from in-lieu fee program is attached. ☒ Yes 4b. Stream mitigation requested: 0 4c. If using stream mitigation, stream temperature: Choose 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non-riparian wetland mitigation requested: 0.16 acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) – required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? ☐ Yes ☐ No 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (square feet) Zone 1 Zone 2 6f. Total buffer mitigation required: Page 12 of 17 PCN Form – Version 1.4 January 2009 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund). 6h. Comments: Page 13 of 17 PCN Form – Version 1.4 January 2009 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? ☐ Yes ☒ No 1b. If yes, then is a diffuse flow plan included? If no, explain why. ☐ Yes ☒ No 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? >24% 2b. Does this project require a Stormwater Management Plan? ☒ Yes ☐No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: The stormwater management plan will be reviewed by City of Charlotte. 2e. Who will be responsible for the review of the Stormwater Management Plan? City of Charlotte 3. Certified Local Government Stormwater Review 3a. In which local government’s jurisdiction is this project? 3b. Which of the following locally-implemented stormwater management programs apply (check all that apply): ☒ Phase II ☐ NSW ☐ USMP ☐ Water Supply Watershed ☐ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been attached? ☐ Yes ☒ No 4. DWQ Stormwater Program Review 4a. Which of the following state-implemented stormwater management programs apply (check all that apply): ☐ Coastal counties ☐ HQW ☐ ORW ☐ Session Law 2006-246 ☐ Other: 4b. Has the approved Stormwater Management Plan with proof of approval been attached? ☐ Yes ☒ No 5. DWQ 401 Unit Stormwater Review Page 14 of 17 PCN Form – Version 1.4 January 2009 5a. Does the Stormwater Management Plan meet the appropriate requirements? ☐ Yes ☐ No 5b. Have all of the 401 Unit submittal requirements been met? ☐ Yes ☐ No Page 15 of 17 PCN Form – Version 1.4 January 2009 F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? ☐ Yes ☒ No 1b. If you answered “yes” to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State (North Carolina) Environmental Policy Act (NEPA/SEPA)? ☐ Yes ☐ No 1c. If you answered “yes” to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval letter.) Comments: ☐ Yes ☐ No 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, or Riparian Buffer Rules (15A NCAC 2B .0200)? ☐ Yes ☒ No 2b. Is this an after-the-fact permit application? ☐ Yes ☒ No 2c. If you answered “yes” to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality? ☐ Yes ☒ No 3b. If you answered “yes” to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered “no,” provide a short narrative description. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. The sewerline will tie to the existing infrastructure in the southwestern property corner. Page 16 of 17 PCN Form – Version 1.4 January 2009 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or habitat? ☒ Yes ☐ No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts? ☐ Yes ☒ No 5c. If yes, indicate the USFWS Field Office you have contacted. ‐ 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? To determine which protected species are listed as occurring or potentially occurring within the project vicinity, and prior to conducting the on-site field investigation, CWS consulted the United States Fish and Wildlife Service (USFWS) Endangered and Threatened Species and Species of Concern by County for North Carolina online database for Mecklenburg County. In addition, CWS performed a data review and habitat assessment for this property. The results of the desktop review and habitat assessment are included in the Protected Species Habitat Assessment Report (Attachment F). 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ☐ Yes ☒ No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? NOAA Fisheries: http://www.habitat.noaa.gov/protection/efh/habitatmapper.html 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? ☒ Yes ☐ No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? A letter was forwarded to the North Carolina State Historic Preservation Office (SHPO) on March 18, 2020 to determine the presence of any areas of architectural, historic, or archaeological significance that would be affected by the project. CWS also consulted the SHPO online GIS service a Charlotte-Mecklenburg Historic Landmarks Commission’s webpage and found no historical structures, buildings, sites, or districts within the project limits. In their response letter dated 4.24.20 SHPO states that they have no comments on the project as proposed. A copy of the SHPO’s response letter is attached (Attachment H). 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? ☐ Yes ☒ No 8b. If yes, explain how project meets FEMA requirements: . Page 17 of 17 PCN Form – Version 1.4 January 2009 8c. What source(s) did you use to make the floodplain determination? FEMA FIRM No. 3710458500K Ms. Aliisa Harjuniemi Applicant/Agent's Printed Name Applicant/Agent's Signature (Agent's signature is valid only if an authorization letter from the applicant is provided.) 4.24.20 Date Frank Grier Road Attachments April 24, 2020 CWS Project No. 2018-0406 ATTACHMENT A: Figures 1-7 FIGURE NO.SCALE: CWS PROJECT NO: COORDINATES: DATE: DRAWN BY: CHECKED BY: SCALE: CWS PROJECT NO: COORDINATES: Vicinity Map 1 of 7 I 5,000 0 5,0002,500 Feet CAG 2018-0406 MLS Legend Project Limits (40 ac.) Frank Grier Road Mecklenburg County Charlotte, North Carolina 11/15/20181 inch = 5,000 feet G:\Team Drives\Consulting Team Drive\2018\2018 Consulting Projects\2018-0406 Frank Grier Road\JD\ArcGIS\Figure1_Vicinity.mxd 35.251893, -80.709868 Virginia North Carolina Georgia South Carolina Kentucky Tennessee West VirginiaState Location Extent REFERENCE: BACKGROUND VICINITY MAP PROVIDED BY ESRI, 2018. FIGURE NO.SCALE: CWS PROJECT NO: COORDINATES: DATE: DRAWN BY: CHECKED BY: SCALE: CWS PROJECT NO: COORDINATES: USGS Topographic Map 2 of 7 I 2,000 0 2,0001,000 Feet CAG 2018-0406 MLS Legend Project Limits (40 ac.) Frank Grier Road Mecklenburg County Charlotte, North Carolina 11/15/20181 inch = 2,000 feet G:\Team Drives\Consulting Team Drive\2018\2018 Consulting Projects\2018-0406 Frank Grier Road\JD\ArcGIS\Figure2_USGS.mxd 35.251893, -80.709868 REFERENCE: USGS 7.5 MINUTE TOPOGRAPHIC QUADRANGLE(S): HARRISBURG AND MINT HILL, NC (2017). FIGURE NO.SCALE: CWS PROJECT NO: COORDINATES: DATE: DRAWN BY: CHECKED BY: SCALE: CWS PROJECT NO: COORDINATES: Plaz a R d E x tVermilion DrFrank Grier RdTerra Cotta Dr Sand Hills CtBurnt U m b e r D r Cas a C t Aerial Map 3 of 7 I 300 0 300150 Feet CAG 2018-0406 MLS Legend Project Limits (40 ac.) Roads Tax Parcels Frank Grier Road Mecklenburg County Charlotte, North Carolina 11/15/20181 inch = 300 feet G:\Team Drives\Consulting Team Drive\2018\2018 Consulting Projects\2018-0406 Frank Grier Road\JD\ArcGIS\Figure3_Aerial.mxd 35.251893, -80.709868 REFERENCE: BACKGROUND AERIAL IMAGERY PROVIDED BY ESRI, ACCESSED 2018. BACKGROUND GIS LAYER(S) PROVIDED BY MECKLENBURG COUNTY GIS DEPARTMENT, DATED 2018. FIGURE NO.SCALE: CWS PROJECT NO: COORDINATES: DATE: DRAWN BY: CHECKED BY: SCALE: CWS PROJECT NO: COORDINATES: MO CeB2 EnB WkE VaB CeB2 EnD VaB EnD WkD CeB2 CuB PaE CeB2 EnD WkB VaB CeB2 EnD VaB EnB EnB VaB WkE CeB2 CeB2 CeD2 EnD EnD WkEWkE EnD CeD2 PaE WkE CeD2 CeB2 CeD2 EnB WkD W MeB CeB2 EnD PaE CeD2 HeB CeD2 EnB CeB2 PaE CeD2 EnB W WkB VaB W HeB CeB2 VaD CeD2 CeD2 PaE HeB WkE CeD2 VaD CeD2 MO VaD Plott RdPlaz a R d E xt Vermilion DrThe P l a z a Terra C ott a Dr Moody R d Rothmo re S t Frank Grier RdCadmium CtApril Ln Burnt Umber D r Cuddington DrMatlea Ct Jerimoth DrHills w i c k D r Tiburon Cr Kneller StRobinson Church RdBal la rd H i l ls C t Mo b i l e L n Salama n d e r R un Ln Purbeck Wy Casa C t Chapparall Ln Ma l d e n P a r k D r Windrift Rd S a u c a l i t o C t Andros Ln USDA-NRCS Current Soil Survey of Mecklenburg County 4 of 7 I 1,000 0 1,000500 Feet CAG 2018-0406 MLS Legend Project Limits (40 ac.) Roads Frank Grier Road Mecklenburg County Charlotte, North Carolina 11/15/20181 inch = 1,000 feet G:\Team Drives\Consulting Team Drive\2018\2018 Consulting Projects\2018-0406 Frank Grier Road\JD\ArcGIS\Figure4_CurrentSoil.mxd 35.251893, -80.709868 REFERENCE: USDA-NRCS SOIL SURVEY OF MECKLENBURG COUNTY, NC, DATED 2017. Hydric Coverage (%) EnB Enon sandy loam, 2 to 8 percent slopes No 51 EnD Enon sandy loam, 8 to 15 percent slopes No 49 100 Soil Unit Name and Description Total Coverage: FIGURE NO.SCALE: CWS PROJECT NO: COORDINATES: DATE: DRAWN BY: CHECKED BY: SCALE: CWS PROJECT NO: COORDINATES: USDA-NRCS Historic Soil Survey of Mecklenburg County 5 of 7 I 2,000 0 2,0001,000 Feet CAG 2018-0406 MLS Legend Project Limits (40 ac.) Frank Grier Road Mecklenburg County Charlotte, North Carolina 11/15/20181 inch = 2,000 feet G:\Team Drives\Consulting Team Drive\2018\2018 Consulting Projects\2018-0406 Frank Grier Road\JD\ArcGIS\Figure5_HistoricSoil.mxd 35.251893, -80.709868 REFERENCE: USDA-NRCS SOIL SURVEY OF MECKLENBURG COUNTY, NC, SHEETS 5 AND 8, DATED 1976. Hydric EnB Enon sandy loam, 2 to 8 percent slopes No EnD Enon sandy loam, 8 to 15 percent slopes No Soil Unit Name and Description Plaza Rd Ext Frank Grier Rd FIGURE NO.SCALE: CWS PROJECT NO: COORDINATES: DATE: DRAWN BY: CHECKED BY: SCALE: CWS PROJECT NO: COORDINATES: Plaz a R d Ext Vermilion DrFrank Grier RdCadmium C t Terra Cotta Dr Burnt Um b e r D r Casa Ct Moody R d Sand Hills CtFuschia CtNational Wetland Inventory 6 of 7 I 400 0 400200 Feet CAG 2018-0406 MLS Legend Project Limits (40 ac.) Roads National Wetland Inventory Freshwater Forested/Shrub Wetland Freshwater Pond Frank Grier Road Mecklenburg County Charlotte, North Carolina 11/15/20181 inch = 400 feet G:\Team Drives\Consulting Team Drive\2018\2018 Consulting Projects\2018-0406 Frank Grier Road\JD\ArcGIS\Figure6_NWI.mxd 35.251893, -80.709868 REFERENCE: NATIONAL WETLAND INVENTORY DATA PROVIDED BY UNITED STATES FISH AND WILDLIFE SERVICE FOR NORTH CAROLINA, ACCESSED 2018. BACKGROUND LAYER(S) PROVIDED BY MECKLENBURG COUNTY GIS DEPARTMENT, DATED 2018. FIGURE NO.SCALE: CWS PROJECT NO: COORDINATES: DATE: DRAWN BY: CHECKED BY: SCALE: CWS PROJECT NO: COORDINATES: 72 0 7307 1 0 6907407 5 0 680760 670660770 780 690750690680Plaz a R d E x tVermilion DrFrank Grier RdTerra Cotta Dr Sand Hills CtBurnt U m b e r D r Jurisdictional Boundaries 7 of 7 I 300 0 300150 Feet CAG 2018-0406 MLS Legend Project Limits (40 ac.) Intermittent Stream Perennial Stream Wetland Culvert Roads Tax Parcels !DP Data Point #SCP Stream Classification Point ,Indicates Flow !Í Photo Location and Direction Frank Grier Road Mecklenburg County Charlotte, North Carolina 11/20/20181 inch = 300 feet G:\Team Drives\Consulting Team Drive\2018\2018 Consulting Projects\2018-0406 Frank Grier Road\JD\ArcGIS\Figure7_JD.mxd 35.251893, -80.709868 REFERENCE: BACKGROUND GIS LAYER(S) PROVIDED BY MECKLENBURG COUNTY GIS DEPARTMENT, DATED 2018. NOTE: JURISDICTIONAL WATERS OF THE U.S. WERE DELINEATED (FLAGGED IN THE FIELD), CLASSIFIED, AND MAPPED USING A SUB-FOOT CAPABLE GPS UNIT BY CWS, INC., ON NOVEMBER 16 AND 19, 2018. JURISDICTIONAL FEATURES HAVE NOTBEEN VERIFIED BY THE USACE. I 1 inch = 100 feet Å1 Å2 Å3 Å4 Å5 Å6 Å7 Å 8 Å9 Å01 Å11 Å21 DP1DP2 DP3 # S C P 1 #SCP2 #S C P 3 #SCP4 #S C P 5 #SCP6 Wetland AA 0.67 acre Wetland BB 0.03 acre Wetland CC 0.01 acre Wetland DD 0.13 acre Wetland EE 0.52 acre Wetland FF 0.25 acre Wetland GG 0.47 acre Perennial Stream A 549 lf Intermittent Steam A 54 lf Perennial Stream B 260 lf Intermittent Stream C 295 lf Intermittent Stream D 349 lf Frank Grier Road Attachments April 24, 2020 CWS Project No. 2018-0406 ATTACHMENT B: Agent Authorization Form AGENT CERTIFICATION OF AUTHORIZATION I, Brad Dyer, representing Eastwood Homes, hereby certify that I have authorized Aliisa Harjuniemi of Carolina Wetland Services, Inc. to act on my behalf and take all actions necessary to the processing, issuance, and acceptance of this request for wetlands determination / permitting and any and all standard and special conditions attached. Mecklenburg County Applicant Name Applicant Address Parcel IDs 10811227 and 10811229 Eastwood Homes; 2857 Westport Road, Charlotte, POC: Brad Dyer NC 28208 We hereby certify that the above information submitted in this application is true and accurate to the best of our knowledge. /e� k 6 ffi orized 4igna I dre Date Agent's signature 6-24-2019 Date Completion of this form will allow the agent to sign all future application correspondence. Frank Grier Road Attachments April 24, 2020 CWS Project No. 2018-0406 ATTACHMENT C: Preliminary Jurisdictional Determination (SAW-2019-01139) U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2019-01139 County: Mecklenburg U.S.G.S. Quad: NC- Harrisburg NOTIFICATION OF JURISDICTIONAL DETERMINATION Requestor: Eastwood Homes Brad Dyer Address: 2857 Westport Road Charlotte, NC 28208 Telephone Number: 980-721-0919 E-mail: bdyerAeastwoodhomes.com Size (acres) 40 Nearest Town Charlotte Nearest Waterway Reedy Creek River Basin Upper Pee Dee USGS HUC 03040105 Coordinates Latitude: 35.2518 Longitude:-80.7098 Location description: The review area is located on the southeast and southwest corners of the intersection of Plaza Road Extension and Frank Grier Road. PINS: 10811227 and 10811229. 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 11/20/2018. 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 wetlandson the above described project area/property subject to the permit requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ We recommend you have the waters, 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 SAW-2019-01139 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 onDATE. 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 David L. Shaeffer at 704-510-1437 or david.l.shaeffernn,usace.armv. mil. C. Basis For Determination: Basis For Determination: See the preliminary Jurisdictional determination form dated 2/3/2020. 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: Phillip Sannin, Review Officer 60 Forsyth Street SW, Room 10M15 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.** Digitally signed by SHAEFFER.DAVI D.LEIGH.1260750573 Corps Regulatory Official: Date: 2020.02.03 07:57:35 -05'00' Date of JD: 2/3/2020 Expiration Date of JD: Not applicable SAW-2019-01139 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.artny.mil/cm_apex/f?p=136:4:0 Copy furnished: Agent: CWS, Inc. Aliisa Hariuniemi Address: 550 East Westinghouse Boulevard Charlotte, NC 28273 Telephone Number: 980-259-1222 E-mail: aliisaAcws-inc.net NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: Eastwood Homes, Brad Dyer File Number: SAW-2019-01139 Date: 2/3/2020 Attached is: See Section below ❑ INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) 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.army.mil/Missions/CivilWorks/RegulatoryProgramandPennits.aspx or the Corps regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved 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. SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMI 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. Phillip Sannin, Administrative Appeal Review Officer Attn: David L. Shaeffer CESAD-PDO Charlotte Regulatory Office U.S. Army Corps of Engineers, South Atlantic Division U.S Army Corps of Engineers 60 Forsyth Street, Room 10M15 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: David L. Shaeffer, 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. Phillip Sannin, 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: 2/3/2020 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Eastwood Homes, Brad Dyer, 2857 Westport Road, Charlotte, NC 28208 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Frank Grier Road, SAW-2019- 01139 D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The review area is located on the southeast and southwest corners of the intersection of Plaza Road Extension and Frank Grier Road. PINS: 10811227 and 10811229. (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: NC County: Mecklenburg City: Charlotte Center coordinates of site (lat/long in degree decimal format): Latitude: 35.2518 Longitude:-80.7098 Universal Transverse Mercator: Name of nearest waterbody: Reedy Creek E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑ Office (Desk) Determination. Date: ® Field Determination. Date(s): 9/13/2019 by the Corps TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION. Estimated amount of Geographic authority to Type of aquatic Latitude Longitude (decimal aquatic resources in resources (i.e., which the aquatic resource Site Number (decimal review area (acreage "may be" subject (i.e., degrees) wetland vs. non- degrees) and linear feet, if Section 404 or Section wetland waters) applicable 10/404) Wetland AA 35.250248 -80.710962 0.67 ac. Wetland Waters Section 404 Wetland BB 35.250009 -80.709925 0.03 ac. Wetland Waters Section 404 Wetland CC 35.250229 -80.709922 0.01 ac. Wetland Waters Section 404 Wetland DID 35.250712 -80.7099 0.13 ac. Wetland Waters Section 404 Wetland EE 35.252073 -80.710428 0.52 ac. Wetland Waters Section 404 Wetland FF 35.253885 -80.710066 0.25 ac. Wetland Waters Section 404 Wetland GG 35.253578 -80.70868 0.47 ac. Wetland Waters Section 404 Stream A 35.250176 -80.711110 54 If Non -Wetland Section 404 (Int) Waters Stream A 35.249964 -80.710080 549 If Non -Wetland Section 404 (Per) Waters Stream B 35.250508 -80.711326 260 If Non -Wetland Section 404 Waters Stream C 35.250349 -80.709953 295 If Non -Wetland Section 404 Waters Stream D 35.253778 -80.708931 349 If Non -Wetland Section 404 Waters 1) The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an approved JD (AJD) for that review area based on an informed decision after having discussed the various types of JDs and their characteristics and circumstances when they may be appropriate. 2) In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre- construction notification" (PCN), or requests verification for a non -reporting NWP or other general permit, and the permit applicant has not requested an AJD for the activity, the permit applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit authorization based on a PJD, which does not make an official determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an AJD could possibly result in less compensatory mitigation being required or different special conditions; (3) the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) undertaking any activity in reliance upon the subject permit authorization without requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AJD or a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it becomes appropriate to make an official determination whether geographic jurisdiction exists over aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic resources in the review area, the Corps will provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that there "may be"waters of the U.S. and/or that there "may be" navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the review area that could be affected by the proposed activity, based on the following information: SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items should be included in subject file. Appropriately reference sources below where indicated for all checked items: ® Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Map: Figure 7 of 7 dated 11/20/2018 ® 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:Nationalmap.gov ® USGS NHD data. ® USGS 8 and 12 digit HUC maps. ❑ U.S. Geological Survey map(s). Cite scale & quad name: ® Natural Resources Conservation Service Soil Survey. Citation: ESRI USA Soils Mapservice ®National wetlands inventory map(s). Cite name: USFWS NWI Mapservice ❑ State/local wetland inventory map(s): ❑ FEMA/FIRM maps: ❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929) ® Photographs: ❑Aerial (Name & Date): or ®Other (Name & Date): Photos 1-12 dated 11/20/2019 ❑ Previous determination(s). File no. and date of response letter: ❑ Other information (please specify): IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for later jurisdictional determinations. Digitally signed by SHAEFFER.DAVID.LEI111 12 60750573 Date: 2020.02.03 07:58:24 -05'00' Signature and date of Regulatory staff member completing PJD 2/3/2020 Signature and date of person requesting PJD (REQUIRED, unless obtaining the signature is impracticable)1 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. FIGURE NO.SCALE: CWS PROJECT NO: COORDINATES: DATE: DRAWN BY: CHECKED BY: SCALE: CWS PROJECT NO: COORDINATES: 72 0 7307 1 0 6907407 5 0 680760 670660770 780 690750690680Plaz a R d E x tVermilion DrFrank Grier RdTerra Cotta Dr Sand Hills CtBurnt U m b e r D r Jurisdictional Boundaries 7 of 7 I 300 0 300150 Feet CAG 2018-0406 MLS Legend Project Limits (40 ac.) Intermittent Stream Perennial Stream Wetland Culvert Roads Tax Parcels !DP Data Point #SCP Stream Classification Point ,Indicates Flow !Í Photo Location and Direction Frank Grier Road Mecklenburg County Charlotte, North Carolina 11/20/20181 inch = 300 feet G:\Team Drives\Consulting Team Drive\2018\2018 Consulting Projects\2018-0406 Frank Grier Road\JD\ArcGIS\Figure7_JD.mxd 35.251893, -80.709868 REFERENCE: BACKGROUND GIS LAYER(S) PROVIDED BY MECKLENBURG COUNTY GIS DEPARTMENT, DATED 2018. NOTE: JURISDICTIONAL WATERS OF THE U.S. WERE DELINEATED (FLAGGED IN THE FIELD), CLASSIFIED, AND MAPPED USING A SUB-FOOT CAPABLE GPS UNIT BY CWS, INC., ON NOVEMBER 16 AND 19, 2018. JURISDICTIONAL FEATURES HAVE NOTBEEN VERIFIED BY THE USACE. I 1 inch = 100 feet Å1 Å2 Å3 Å4 Å5 Å6 Å7 Å 8 Å9 Å01 Å11 Å21 DP1DP2 DP3 # S C P 1 #SCP2 #S C P 3 #SCP4 #S C P 5 #SCP6 Wetland AA 0.67 acre Wetland BB 0.03 acre Wetland CC 0.01 acre Wetland DD 0.13 acre Wetland EE 0.52 acre Wetland FF 0.25 acre Wetland GG 0.47 acre Perennial Stream A 549 lf Intermittent Steam A 54 lf Perennial Stream B 260 lf Intermittent Stream C 295 lf Intermittent Stream D 349 lf Frank Grier Road Attachments April 24, 2020 CWS Project No. 2018-0406 ATTACHMENT D: Property Owner Info MECKLENBURG COUNTY, North Carolina POLARIS 3G PARCEL OWNERSHIP AND GIS SUMMARY Date Printed: Identity Parcel ID GIS ID 10811229 110811229 Property Characteristics Legal desc PTRB M7-781 Land Area 20.8 AC Fire District ROBINSON Special District FIRE SERVICE A Account Type INDIVIDUAL Municipality MECKLENBURG COUNTY -UNINCORPORATED Property Use SINGLE FAMILY RESIDENTIAL - RURAL ACREAGE 11 /19/2018 Ownership Owner Name Mailing Address NANCY COE HALL 209 HENDERSON ST MOUNT HOLLY NC 28120 Deed Reference(s) and Sale Price Deed Sale Date Sale Price 31866-908 06/08/2017 02221-592 07/10/1961 $0.00 Site Location ETJ Area Charlotte Charlotte Historic District No Charlotte 6/30/2011 Annexation Area No Census Tract # 56.17 Post Construction District Zoning Jurisdiction Charlotte Contact appropriate Planning Department or see Map. District I Yadkin Southeast Catawba Water Quality Buffer Stream Watershed Districts Parcel Inside Water Quality Buffer Yes Stream Watershed Name REEDY FEMA and Community Floodplain FEMA Panel# 3710458500K FEMA Panel Date 02/19/2014 FEMA Flood Zone OUT:VIEW FEMA FLOODPLAIN TO VERIFY Community Flood Zone OUT:VIEW COMMUNITY FLOODPLAIN TO VERIFY Situs Addresses Tied to Parcel PLAZA RD EXT UNINC Built -Upon Area Restriction Allowed Built -Upon Area 0.00 sq ft This map or report is prepared for the inventory of real property within Mecklenburg County and is compiled from recorded deeds, plats, tax maps, surveys, planimetric maps, and other public records and data. Users of this map or report are hereby notified that the aforementioned public primary information sources should be consulted for verification. Mecklenburg County and its mapping contractors assume no legal responsibility for the information contained herein. Page 1/1 MECKLENBURG COUNTY, North Carolina POLARIS 3G PARCEL OWNERSHIP AND GIS SUMMARY Date Printed: Identity Parcel ID GIS ID 10811227 110811227 Property Characteristics Legal desc PTRB M7-781 Land Area 19.701 AC Fire District ROBINSON Special District FIRE SERVICE A Account Type INDIVIDUAL Municipality MECKLENBURG COUNTY -UNINCORPORATED Property Use SINGLE FAMILY RESIDENTIAL - RURAL ACREAGE 11 /19/2018 Ownership Owner Name Mailing Address NANCY COE HALL 209 HENDERSON ST MOUNT HOLLY NC 28120 Deed Reference(s) and Sale Price Deed Sale Date Sale Price 31866-908 06/08/2017 02221-592 01/01/1975 $0.00 Site Location ETJ Area Charlotte Charlotte Historic District No Charlotte 6/30/2011 Annexation Area No Census Tract # 56.17 Post Construction District Zoning Jurisdiction Charlotte Contact appropriate Planning Department or see Map. District I Yadkin Southeast Catawba Water Quality Buffer Stream Watershed Districts Parcel Inside Water Quality Buffer Yes Stream Watershed Name REEDY FEMA and Community Floodplain FEMA Panel# 3710458500K FEMA Panel Date 02/19/2014 FEMA Flood Zone OUT:VIEW FEMA FLOODPLAIN TO VERIFY Community Flood Zone OUT:VIEW COMMUNITY FLOODPLAIN TO VERIFY Situs Addresses Tied to Parcel PLAZA RD EXT UNINC Built -Upon Area Restriction Allowed Built -Upon Area 0.00 sq ft This map or report is prepared for the inventory of real property within Mecklenburg County and is compiled from recorded deeds, plats, tax maps, surveys, planimetric maps, and other public records and data. Users of this map or report are hereby notified that the aforementioned public primary information sources should be consulted for verification. Mecklenburg County and its mapping contractors assume no legal responsibility for the information contained herein. Page 1/1 Frank Grier Road Attachments April 24, 2020 CWS Project No. 2018-0406 ATTACHMENT E: Proposed Impacts Crossing #3Crossing #2Crossing #4Crossing #1 S2 - Stream D-13lfpermanentimpact (rip rap)S1 - Stream D-18lfpermanentimpact (culvertextension)W1 - Wetland FF- 0.02 acre permanentimpact (fill for road andrip rap)W2 - Wetland FF- 0.01 acretemporary impact(constructiondisturbance) W3 - Wetland DD- 0.03 acrepermanent impact(fill)W4 - Wetland DD- 0.03 acre temporaryimpact(constructiondisturbance)W5 - Wetland DD- 0.01 acre permanentimpact(sewer easement,clearing)S3- Stream C-91lfpermanentimpact(fill for road) W6 - Wetland AA- 0.02 acrepermanent impact(fill)W7 - Wetland AA- 0.02 acretemporary impact(constructiondisturbance)S4 - Stream A-16lfpermanentimpact (culvertextension, 8 lf bothup-and downgradient)S5 - Stream A-23lfpermanentimpact (rip rap; 13 lfat he outlet, 10 lf atthe inlet)S6 - Stream A- 20 lf tempoaryimpact fordewatering (10 lfboth up-and downgradient) W8-WetlandEE- 0.08 acrepermanent impact(fill for road)W9-WetlandEE- 0.02 acre temporaryimpact(constructiondisturbance) CONCRETE PIPE DIMENSIONS WALL THK. OUT DIA. IN DIA. H A B C E F G W K M 2 1/4"19 1/2" 15" 271/2 20" 24" 8" 7 1/2" 4" 4" 8" 17' loll 2 1/2' 23" 18" 31" 20" 24" 8" 9" 4" 4" 8" 17' 12" 3" 30" 24" 38" 20" 30" 8" 12" 4" 4" 8" 21' 15" 3 1/2" 37" 30" 45" 20" 44" 12' 15" 6" 8" 8" 31 ' 18" 4" 44" 36" 52" 32" 44" 12' 18" 6" 8" 8" 31 22" 4 1/2" 51" 42" 59" 32" 48" 12 21" 6 8" 8" 34' 26" 5" 58" 48" 66 32 48 12 24 6" 8 8 34 29" 5 1/2' 65" 54" 73" 32" 54" 12' 27" 6" 8" 8" 38' 33" 6" 72" 60" 80 36 66 12 30 8" 12 12 46 36" 6 1/2" 79" 66" 87 36 72 12 33 8" 12 12 51 40" 7" 86" 72" 94" 36" 78" 12' 36" 8" 121 12 56' 43" REINFORCING "C" BAR "D" BAR V IN. N0. LGT. NO. LGT. 15" 4 2'-0" 4 l'-11" 18" 4 2'-3" 4 2'-2" 24" 4 2'-9" 4 2'-8" 30" 4 3'-3" 4 3'-2" 36" 4 3'-9" 4 3'-8" 42" 4 1 4'-3" 4 4'-2" 48" 4 4'-9" 4 4'-8" 54" 4�5'— 4 5'-2"60" 4 4 5'-8"66" 4 4 6'-2" �2" 4 6'-9"� 4 6 —SJ SIDE VIEW • CITY OF CHARLOTTE LAND DEVELOPMENT STANDARDS CHAPJMTE. INCLUDES CHARLOTTE ETJ I F T— TOP VIEW AT 12" ON CENTER N CENTER FRONT VIEW CONCRETE WINGWALL WITH SPLASH PAD NOT TO SCALE 20.17A 1 8 STIPULATION FOR REUSE N .� ql A SPEQIC SIZE HAi1 RWD EKRN9011, MVEOfiE XC maosanW[alar rmx ns 5vE naE ax iz�ia/+e. wo rt s xor sumelE fOR 0I! A OEipRllf PRO�FCf SIZE pi AT A IAIEX 11E 16E OE N YNGIIS fpl RFiERFNf.'E qi E4' VPIE ql unnEx � uam nc sExACEs a rnavExEr urnsEo inom�Is wo nlom¢ MPRmUCIIOM 6 116 OWYNS WR � dl AVOIXpi PROIECf 6 NOf xnxan® ra wr ff mxlwxr m nc w. IN R 0 0 U O CO rE.7 O 401. 04 E,,,,� F• 0 U MODIFICATION LOG LJ JOB NUMBER: C18DO37 CHECKED BY: CT DRAWN BY: C0A DATE: 03-23-2020 EADWAL DETAIL SHEET: 5OF5 Frank Grier Road Attachments April 24, 2020 CWS Project No. 2018-0406 ATTACHMENT F: Protected Species Habitat Assessment CAROLINA WETLAND SERVICES, INC. 550 E. Westinghouse Blvd. Charlotte, NC 28273 704-527-1177 (office) 704-527-1133 (fax) March 13, 2020 Ms. Sara Shirley American Engineering 8008 Corporate Center Drive, Suite 110 Charlotte, NC 28226 Subject: Protected Species Habitat Assessment Report Frank Grier Road Charlotte, North Carolina CWS Project No. 2018-0406 Dear Ms. Shirley, American Engineering has contracted Carolina Wetland Services, Inc. (CWS) to provide a protected species habitat assessment for the Frank Grier Road site. The Frank Grier Road site is approximately 40 acres in extent and is located east of the Plott Road and Plaza Road Extension intersection in Mecklenburg County, North Carolina (Figure 1, attached). Methods In -office Desktop Review To determine which protected species are listed as occurring or potentially occurring within the project vicinity and prior to conducting the on -site field investigation, CWS consulted the United States Fish and Wildlife Service (USFWS) Endangered and Threatened Species and Species of Concern by County for North Carolina online database for Mecklenburg County'. In addition, CWS performed a data review using the North Carolina Natural Heritage Program (NCNHP) Data Explorer on March 2, 2020 to determine if any record occurrences of federally -listed, candidate endangered, threatened species, or critical habitat are located within the project limits. Typical habitat requirements for listed species was discerned from multiple USFWS3 and NCNHP4 online resources including, but not limited to, specific USFWS species profiles, recovery plans, NCNHP's Guide to Federally Listed Endangered and Threatened Species of North Carolina, and List of the Rare Plant Species of North Carolina. United States Department of Agriculture - Natural Resources Conservation Service (USDA-NRCS) Web Soil Survey of United States Fish and Wildlife Service, Raleigh Field Office. Accessed March 2, 2020. Endangered and Threatened Species and Species of Concern by County for North Carolina. https://www.fws.gov/raleigh/species/cntylist/mecklenburg.html Z North Carolina Natural Heritage Data Explorer. Accessed March 2, 2020. https://ncnhde.natureserve.org/. s U.S. Fish and Wildlife Service. 2006. Optimal Survey Windows for North Carolina's Federally Threatened and Endangered Plant Species. http://www.fws.gov/nces/es/plant_Survey.html. Accessed March 2, 2020. 4 Buchanan, M.F. and J.T. Finnegan. 2010. Natural Heritage Program List of the Rare Plant Species of North Carolina. NC Natural Heritage Program, Raleigh, NC. Accessed from https://www.fws.gov/raleigh/species/cntylist/nc_counties.html NORTH CAROLINA - SOUTH CAROLINA WWW.CWS-INC.NET Page 1 of 8 Frank Grier Road March 13, 20209 Protected Species Assessment Report CWS Project No. 2018-0406 Mecklenburg County' and aerial imagery were also reviewed for potential habitat communities of listed species within the project vicinity (Figures 2 and 3). Field Survey CWS scientist Aliisa Harjuniemi, PWS', conducted a pedestrian habitat assessment of the project area on March 6, 2020. Potential habitats for potentially occurring federally -protected species that were identified during the desktop review were assessed in the field for the quality of physical and/or biological features essential to the conservation of the applicable species. Additionally, during the pedestrian habitat assessment, areas were reviewed for applicable federally protected species. However, formal surveys were not conducted for the occurrence of protected species. Identification references for natural communities include the National Land Cover Database (2011)'. Results Based on the NCNHP data explorer review, there are no current occurrences within the project limits or within a one -mile radius of the project limits (Attachment A). The USFWS lists seven federally protected species for Mecklenburg County (Table 1). An official species list has not been obtained from the USFWS Asheville Field Office. Table 1. Unofficial List of Federally -Protected Species Potentially Occurring within the Frank Grier Road Site, Mecklenburg County, NC. Major Group Scientific Name Common Name Federal Status* Record Status Plant Helianthus Schweinitz's E Current schweinitzii sunflower Plant Echinacea Smooth coneflower E Current laevigata Plant Rhus michauxii Michaux's sumac E Current Animal Lasmigona Carolina heelsplitter E Current decorata Animal Bombus affinis Rusty -patched E Historic bumble bee Animal Myotis Northern -long-eared T Current septentrionalis bat Animal Haliaeetus Bald eagle BGPA Current leucocephalus E - Endangered, T - Threatened, BGPA - Bald and Golden Eagle Protection Act Four terrestrial community types were identified within the project area during the field survey. These community types consist of deciduous forest, mixed forest, woody wetlands, and herbaceous areas along the road right-of-way (Figure 3). Of the identified on -site community types, the forested and herbaceous areas are considered potential habitat for federally threatened or endangered species that could potentially occur within the project limits. A brief United States Department of Agriculture, 2017. Web Soil Survey of Mecklenburg County, North Carolina. Accessed 10/28/19 Source: https://websoilsurvey.nres.usda.gov/app/HomePage.htm 6 Professional Wetland Scientist, The Society of Wetland Scientist Professional Certification Program MLRC. National Land Cover Database, 2011. https://www.mrlc.gov/nlcd11_ leg. php Page 2 of 8 Frank Grier Road March 13, 20209 Protected Species Assessment Report CWS Project No. 2018-0406 description of each species habitat requirements and determination of effect findings are listed below by species. Schweinitz's sunflower (Helianthus schweinitzii) Habitat Description: Schweinitz's sunflower is a perennial herb with yellow rays and yellow centers. They can reach heights of five feet. Populations are limited to the piedmont of North and South Carolina. It has been listed as an Endangered species under the ESA since 1991.8 The typical habitat for this plant includes roadsides, old pastures, transmission line right-of-ways, open areas, either natural or human -maintained habitats, or edges of upland woods. Major characteristics of soils associated with suitable Schweinitz's sunflower habitat include thin soils, soils on upland interstream flats or gentle slopes, soils that are clay like in both composition and texture (and often with substantial rock fragments), soils that have a high shrinkage swell capacity, and those which vary over the course of the year from very wet to very dry. Biological Analysis: A NCNHP data record review revealed that there are no current occurrences for this species on -site, or within a one -mile radius of the project limits. A desktop review of the site was conducted on March 6, 2020, and determined that the site does contain Enon soil series that have known Schweinitz's sunflower occurrences. However, the majority of the site consists of forested areas with closed canopy, which is not conducive for Schweinitz's sunflower. The herbaceous areas along the Frank Grier Road were assessed for suitability as potential habitat. Due to frequent mowing along the road, the potential habitat was determined to be marginal (Photographs 1-3, Attachment B). No individuals of Schweintz's sunflower or other Helianthus species were observed during the field assessment on March 6, 2020. However, this site assessment was conducted outside of the optimal survey window (late August until frost). It is our best professional opinion that this project will have no effect on the Schweinitz's sunflower. However, as a marginal habitat is present, it is up to the lead federal agency to determine if an intensive survey is required. Smooth coneflower (Echinacea laevigata) Habitat Description: Smooth coneflower is a tall, perennial herbaceous plant found in areas with abundant sunlight where competition in the herbaceous layer is minimal. It has been federally listed as Endangered under the ESA since 1992.9 Typical habitat for this plant includes meadows, open woodlands, the ecotonal regions between meadows and woodlands, cedar barrens, dry limestone bluffs, clear cuts, and roadside and utility rights -of -way. In North Carolina, the species normally grows in magnesium- and calcium- rich soils associated with gabbro and diabase parent material, and typically occurs in Iredell, Misenheimer, and Picture soil series. It grows best where there is abundant sunlight, 8 United States Fish and Wildlife Services. 1991. Endangered and Threatened Wildlife and Plants; Helianthus schweinitzii (Schweinitz's sunflower) Determined to be Endangered. http://ecos.fws.gov/docs/federal_register/frl852.pdf. 9 United States Fish and Wildlife Services. 1992. Endangered and Threatened Wildlife and Plants; Echinacea laevigata (Smooth Coneflower) Determined to be Endangered. http://ecos.fws.gov/docs/fed era l_register/fr2140.pdf. Page 3 of 8 Frank Grier Road March 13, 20209 Protected Species Assessment Report CWS Project No. 2018-0406 little competition in the herbaceous layer, and periodic disturbances (e.g., regular fire regime, well-timed mowing, careful clearing) that prevents encroachment of shade -producing woody shrubs and trees. On sites where woody succession is held in check, it is characterized by a number of species with prairie affinities. Biological Analysis: A NCNHP data record review revealed that there are no current occurrences for this species within the project limits, or within a one -mile radius of the project (Attachment A). The majority of the project limits are forested, which does not provide the abundant sunlight the smooth coneflower requires. In addition, Iredell, Misenheimer, and Picture soil series commonly associated with the smooth coneflower are not found within the project limits.10 Due to the lack of habitat and known occurrences, CWS concludes that this project will have no effect on the smooth coneflower. Michaux's sumac (Rhus michauxii) Habitat Description: Michaux's sumac is a rhizomatous shrub. It is densely hairy with compound leaves exhibiting evenly -serrated leaflets. Flowers are small, greenish to white, in terminal clusters. Fruits are red drupes produced from August to October. It has been listed as an Endangered species under the Endangered Species Act (ESA) since 1989.11 It is found on the coastal plains of Virginia to Florida, with most populations occurring in North Carolina. It prefers sandy or rocky open woods with basic soils, as well as, highway right-of-ways, roadsides, or edges of artificially -maintained clearings. Biological Analysis: A NCNHP data record review revealed that there are no current occurrences for this species within the project limits, or within a one -mile radius of the project (Attachment A). Disturbed open areas conducive to early -succession species are not present in the project area outside the road right of way along Frank Grier Road. The on -site soils consist of the Enon soil series, which are too acidic for Michaux's sumac. Additionally, there are no current records of this species within Mecklenburg County12. Due to the lack of habitat and known occurrences, CWS concludes that this project will have no effect on Michaux's sumac. Carolina heelsplitter (Lasmigona decorata) Habitat Description: The Carolina heelsplitter was historically known from several locations within the Catawba and Pee Dee River systems in North Carolina and the Pee Dee and Savannah River systems, and possibly the Saluda River system in South Carolina. In North Carolina, the species is now known only from a handful of streams in the Pee Dee and Catawba River systems. The species exists in very low abundances, usually within 6 feet of shorelines, throughout its known range. The general habitat requirements for the 0 United States Department of Agriculture, 2017. Web Soil Survey of Mecklenburg County, North Carolina. Accessed 10/28/19 Source: https://websoiIsurvey.nres.usda.gov/app/HomePage.htm United States Fish and Wildlife Services. 1989. Endangered and Threatened Wildlife and Plants; Determination of Endangered Status for Rhus michauxii (Michaux's sumac). http://ecos.fws.gov/docs/federal_register/frl60l.pdf. 12 USFWS Michaux's Sumac Recovery Plan; https://ecos.fws.gov/docs/recovery_plan/930430.pdf Page 4 of 8 Frank Grier Road March 13, 20209 Protected Species Assessment Report CWS Project No. 2018-0406 Carolina heelsplitter are shaded areas in large rivers to small streams, often burrowed into clay banks between the root systems of trees, or in runs along steep banks with moderate current. Recently, the Carolina heelsplitter has been found in sections of streams containing bedrock with perpendicular crevices filled with sand and gravel, and with wide riparian buffers.13 Biological Analysis: There are two perennial streams on -site, but the stream banks are moderately incised. In addition, the stream bottoms are heavily embedded with silt which is not suitable habitat for Carolina heelsplitter. The on -site perennial streams are connected to downstream waters via culverts, which is also not conducive for Carolina heelsplitter (Photograph 4). Additionally, the NCNHP data record review revealed that there are no current occurrences for this species within the project limits, or within a one -mile radius of the project (Attachment A). Therefore, CWS concludes that this project will have no effect on the Carolina heelsplitter. Rusty Patched Bumble Bee (Bombus affinis) The Rusty patched bumble bee was listed as Endangered under the ESA in January 2016.14 Rusty patched bumble bees once occupied grasslands and tallgrass prairies of the Upper Midwest and Northeast, but most grasslands and prairies have been lost, degraded, or fragmented by conversion to other uses. According to USFWS guidance, "the rusty patched bumble bee population has declined by approximately 90% or more. There are currently records of Bombus affinis in isolated places within 13 states and 1 providence since 2000. In these areas, surveys should only be completed by qualified biologists under the guidance of the federal recovery/scientific permit under section 10(a)(1)(B) of the ESA. These surveyors must also meet all applicable state permitting and reporting requirements. The presence of Bombus affinis has been broken down into three zones. A high potential zone provides a reasonable basis for describing where the species is likely to be present and where federal agencies and others should consult with Fish and Wildlife Services to evaluate the potential effects of their actions. A low potential zone buffers a high potential zone and are much less likely to support existing populations. Scientists are hopeful that some of these low potential areas may contain the bee, and they recommend that surveyors obtain a scientific recovery permit. The third zone is the unoccupied zone. Scientists believe that the likelihood of finding the species in these areas is so low that they do not recommend scientific recovery permits, unless a Bombus affinis may have accidentally been collected.15 According to USFWS' Rusty Patched Bumble Bee Interactive Map, Mecklenburg County is located within an unoccupied zone. Therefore, the proposed project will have no effect on the Rusty -patched bumble bee. 13 NCDOT TE Animal Habitat Descriptions. 2015 https://connect.ncdot.gov/resources/Environmental/Compliance%20Guides%20and%20Procedures/TE%2OAnimal°/`2OHabitat% 20Descriptions%2OMar_6_2015.pdf 14 United States Fish and Wildlife Services. https://www.fws.gov/midwest/endangered/i nsects/rpbb/pdf/Survey_Protocols_RPBB_12Apri l2019. pdf 5 United States Fish and Wildlife Services. https://www.fvvs.gov/midwest/endangered/insects/rpbb/index.html Page 5 of 8 Frank Grier Road March 13, 20209 Protected Species Assessment Report CWS Project No. 2018-0406 Northern long-eared bat (Myotis septentrionalis) The northern long-eared bat (NLEB) is one of the species of bats most impacted by the white -nose syndrome disease. Summer habitat (roosting habitat) of the NLEB includes forests and woodlots containing live trees and/or dead snags greater than three inches diameter at breast height with cavities or crevices. Winter habitat (hibernacula) of the NLEB includes caves, mines, rocky areas, or structures that mimic similar conditions such as culverts greater than 48-inch in diameter.16 The NLEB was listed as Threatened (T) on April 2, 2015. The forested areas within the property are potential habitats for the NLEB. A Standard Local Operating Procedure for Endangered Species Act Compliance (SLOPES) was established for NLEB between the USFWS Asheville and Raleigh Ecological Offices and the United States Army Corps of Engineers (USACE), Wilmington District, on January 31, 2017." This SLOPES defines how the USACE will make determinations of effect to the NLEB on projects in which the USACE is the lead federal agency. Alternative Local Procedure 2 (ALP 2) applies for the Frank Grier Road site as the action area is within range of the NLEB,'$ the action area is located outside of a red 12-digit HUC as defined by the Asheville Ecological Services Field Office,19 and consultation by the USACE is required on other listed species or critical habitat. The final 4(d) rule exempts incidental take of NLEB associated with activities that occur greater than 0.25 miles from a known hibernaculum site and greater than 150 feet from a known, occupied maternity roost from June 1-July 31. In accordance with ALP 2 and the final 4(d) rule (effective as of February 16, 2016), any incidental take that may result from associated activities is exempt under the 4(d) rule. Therefore, this project is exempt under the 4(d) rule. Bald eagle (Haliaeetus leucocephalus) The Bald and Golden Eagle Protection Act,20 enacted in 1940, prohibits anyone without a permit issued, from "taking" bald eagles, including their parts, nests, or eggs. Habitat for the bald eagle includes cliffs and forested areas typically within 1.0 mile of estuaries, large lakes, reservoirs, rivers, seacoast, and as they become more abundant, stands of undisturbed forest. A desktop-GIS assessment of the project study area, as well as, the area within a 1 mile radius of the project limits, was performed on March 6, 2020 using 2019 color aerials. No water bodies large enough or sufficiently open to be considered potential feeding sources were identified. Since there was no foraging habitat within the review area, a survey of the project study area and the area within the project limits was not conducted. Additionally, a review of the NCNHP database on March 2, 2020 revealed no known occurrences of this species within 1.0 mile of the project study area. Due to the lack of habitat and known occurrences, CWS concludes that this project will not affect this species. 16 United States Fish and Wildlife Service. 2016. 4(d) Rule for the Northern Long -Eared Bat; Final rule. https://www.gpo.gov/fdsys/pkg/FR-2016-01-14/pdf/2016-00617.pdf 17 USACE http://saw-reg.usace.army.mil/NLEB/1-30-17-signed_NLEB-SLOPES&apps.pdf 8 The U.S. Fish and Wildlife Service (USFWS) 2016. https://www.fws.gov/midwest/endangered/mammals/nleb/pdf/WNSZone.pdf 19 The U.S. Fish and Wildlife Service (USFWS) 2016. Northern Long -Eared Bat. 20 https://www.fws.gov/midwest/MidwestBird/eaglepermits/bagepa.html Page 6 of 8 Frank Grier Road March 13, 20209 Protected Species Assessment Report CWS Project No. 2018-0406 Summary Based on the literature search and the results of the on -site assessment for suitable habitat of federally -protected endangered, and threatened species, suitable habitat was not observed within the project limits for smooth coneflower, Michaux's sumac, bald eagle, or Carolina heelsplitter. Marginal habitat was observed for Schweinitz's sunflower, but there are no occurrences for this species within a one mile radius and no Helianthus species were observed during the habitat assessment. The project area is not located within the currently occupied range of the rusty -patched bumble bee. CWS has concluded that activities within the project area will not directly or indirectly jeopardize the continued existence of Schweinitz's sunflower, smooth coneflower, Michaux's sumac, bald eagle, rusty -patched bumble bee, and Carolina heelsplitter. Additionally, based on the project area location, no tree removal activities will occur within a 150-foot radius of a known, occupied NLEB maternity roost from June 1-July 31 and no trees will be removed within 0.25 miles of a known hibernaculum at any time of year. Therefore, any incidental take on NLEB that may result from associated activities is exempt under the 4(d) rule and notifications will follow the SLOPES agreement2l. Biological determinations requirements for federally protected species are summarized in Table 2. Table 2. Biological Determination Requirements Summary Table for Federally Protected Species Federal Effect on Listed Biological Scientific Name Common Name Status* Species Determination Required Helianthus schweinitzii Schweinitz's sunflower E No Effect No Echinacea laevigata Smooth coneflower E No Effect No Rhus michauxii Michaux's sumac E No Effect No Lasmigona decorata Carolina heelsplitter E No Effect No Bombus affinis Rusty -patched bumble bee E No Effect No Myotis septentrionalis Northern -long-eared bat T Exempt Yes** Haliaeetus Bald eagle BGPA No Effect No leucocephalus * E - Endangered, T - Threatened, BGPA - Bald and Golden Eagle Protection Act ** - Required in accordance with SLOPES, ALP 2 agreement. A biological assessment was not conducted for this project. All biological determinations of effect represent the best professional opinion of CWS and are not official determinations of effect. It is the responsibility of the lead federal agency to render an official determination of effect. Should the lead federal agency agree with CWS's initial findings of no effect, then no USFWS consultation is required to comply with Section 7 of the Endangered Species Act. Should the lead federal agency's determination of effect differ from the findings of CWS, formal or informal consultation with USFWS may be required. 21 http://www.fws.gov/asheville/htmis/project review/NLEB_in_WNC.html Page 7 of 8 Frank Grier Road Protected Species Assessment Report March 13, 20209 CWS Project No. 2018-0406 Thank you for the opportunity to provide these services on this important project. Please do not hesitate to contact Aliisa Harjuniemi at 980-259-1222 or aliisa@cws-inc.net should you have any questions or comments regarding this report. Sincerely, Aliisa Harjuniemi, PWS Senior Project Manager Christine Geist, PWS, CE Consulting Group Manager Attachments: Figure 1: USGS Topographic Map Figure 2: USDA-NRCS Web Soil Survey of Mecklenburg County Figure 3: Aerial Map Attachment A: NCNHP Data Review Report Attachment B: Representative Photographs (1-4) Page 8 of 8 FIGURE NO.SCALE: CWS PROJECT NO: COORDINATES: DATE: DRAWN BY: CHECKED BY: SCALE: CWS PROJECT NO: COORDINATES: USGS Topographic Map 2 of 7 I 2,000 0 2,0001,000 Feet CAG 2018-0406 MLS Legend Project Limits (40 ac.) Frank Grier Road Mecklenburg County Charlotte, North Carolina 11/15/20181 inch = 2,000 feet G:\Team Drives\Consulting Team Drive\2018\2018 Consulting Projects\2018-0406 Frank Grier Road\JD\ArcGIS\Figure2_USGS.mxd 35.251893, -80.709868 REFERENCE: USGS 7.5 MINUTE TOPOGRAPHIC QUADRANGLE(S): HARRISBURG AND MINT HILL, NC (2017). FIGURE NO.SCALE: CWS PROJECT NO: COORDINATES: DATE: DRAWN BY: CHECKED BY: SCALE: CWS PROJECT NO: COORDINATES: MO CeB2 EnB WkE VaB CeB2 EnD VaB EnD WkD CeB2 CuB PaE CeB2 EnD WkB VaB CeB2 EnD VaB EnB EnB VaB WkE CeB2 CeB2 CeD2 EnD EnD WkEWkE EnD CeD2 PaE WkE CeD2 CeB2 CeD2 EnB WkD W MeB CeB2 EnD PaE CeD2 HeB CeD2 EnB CeB2 PaE CeD2 EnB W WkB VaB W HeB CeB2 VaD CeD2 CeD2 PaE HeB WkE CeD2 VaD CeD2 MO VaD Plott RdPlaz a R d E x t Vermilion DrThe P l a z a Terra C ott a Dr Moody R d Rothmo re S t Frank Grier RdCadmium CtApril L n Burnt Umber D r Cuddington DrMatlea C t Jerimoth DrHills w i c k D r Tiburon Cr Kneller StRobinson Church RdBal la rd H i l ls C t Mo b i l e L n Salama n d e r R un Ln Purbeck Wy Casa C t Chapparall Ln Ma l d e n P a r k D r Windrift Rd S a u c a l i t o C t Andros Ln USDA-NRCS Current Soil Survey of Mecklenburg County 4 of 7 I 1,000 0 1,000500 Feet CAG 2018-0406 MLS Legend Project Limits (40 ac.) Roads Frank Grier Road Mecklenburg County Charlotte, North Carolina 11/15/20181 inch = 1,000 feet G:\Team Drives\Consulting Team Drive\2018\2018 Consulting Projects\2018-0406 Frank Grier Road\JD\ArcGIS\Figure4_CurrentSoil.mxd 35.251893, -80.709868 REFERENCE: USDA-NRCS SOIL SURVEY OF MECKLENBURG COUNTY, NC, DATED 2017. Hydric Coverage (%) EnB Enon sandy loam, 2 to 8 percent slopes No 51 EnD Enon sandy loam, 8 to 15 percent slopes No 49 100 Soil Unit Name and Description Total Coverage: ),*85(126&$/( &:6352-(&712 &225',1$7(6 '$7( '5$:1%< &+(&.('%< 6&$/( &:6352-(&712 &225',1$7(6 3OD] D 5 G ( [ W9HUPLOLRQ'U)UDQN*ULHU5G7HUUD&RWWD'U 6DQG+LOOV&W% X U Q W 8 P E H U ' U $HULDO0DS I )HHW &$* $9+ /HJHQG 3URMHFW/LPLWVDF 3RWHQWLDO6FKZHLQLW]¶V6XQIORZHU+DELWDW ,QWHUPLWWHQW6WUHDP 3HUHQQLDO6WUHDP :HWODQG &XOYHUW 5RDGV 7D[3DUFHOV !Í 3KRWR/RFDWLRQDQG'LUHFWLRQ )UDQN*ULHU5RDG 0HFNOHQEXUJ&RXQW\ &KDUORWWH1RUWK&DUROLQD LQFK IHHW *?6KDUHGGULYHV?&RQVXOWLQJ7HDP'ULYH??&RQVXOWLQJ3URMHFWV?)UDQN*ULHU5RDG?3(76?$UF*,6?)LJXUHB$HULDOP[GÅ 5()(5(1&(%$&.*5281'$(5,$/,0$*(5<3529,'('%<(65,$&&(66(' %$&.*5281'*,6/$<(563529,'('%<0(&./(1%85*&2817<*,6'(3$570(17 '$7(' 127(+$%,7$7$66(660(173(5)250('%<&:6,1&210$5&+216,7( )($785(6+$9(%((19(5,),('%<7+(86$&(6$:ÅÅÅ Frank Grier Road Attachments March 13, 2020 CWS Project No. 2018-0406 ATTACHMENT A: NCNHP Data Review Report NCNHDE-11540 March 2, 2020 Megan Shelton Carolina Wetland Services 550 East Westinghouse Blvd Charlotte , NC 28273 RE: Frank Grier Road; 2018-0406 Dear Megan Shelton: The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources for the project referenced above. A query of the NCNHP database indicates that there are records for rare species, important natural communities, natural areas, and/or conservation/managed areas within the proposed project boundary. These results are presented in the attached ‘Documented Occurrences’ tables and map. The attached ‘Potential Occurrences’ table summarizes rare species and natural communities that have been documented within a one-mile radius of the property boundary. The proximity of these records suggests that these natural heritage elements may potentially be present in the project area if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one-mile radius of the project area, if any, are also included in this report. If a Federally-listed species is documented within the project area or indicated within a one-mile radius of the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for guidance. Contact information for USFWS offices in North Carolina is found here: https://www.fws.gov/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. Also please note that the NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature Preserve, Registered Heritage Area, Clean Water Management Trust Fund easement, or an occurrence of a Federally-listed species is documented near the project area. If you have questions regarding the information provided in this letter or need additional assistance, please contact Rodney A. Butler at rodney.butler@ncdcr.gov or 919-707-8603. Sincerely, NC Natural Heritage Program Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Intersecting the Project AreaFrank Grier RoadProject No. 2018-0406March 2, 2020NCNHDE-11540No Element Occurrences are Documented within the Project AreaThere are no documented element occurrences (of medium to very high accuracy) that intersect with the project area. Please note, however, that although theNCNHP database does not show records for rare species within the project area, it does not necessarily mean that they are not present; it may simply mean thatthe area has not been surveyed. The use of Natural Heritage Program data should not be substituted for actual field surveys if needed, particularly if the projectarea contains suitable habitat for rare species. If rare species are found, the NCNHP would appreciate receiving this information so that we may update ourdatabase.Natural Areas Documented Within Project AreaSite Name Representational Rating Collective RatingReedy Creek Nature Preserve Forests R4 (Moderate) C4 (Moderate)Managed Areas Documented Within Project Area*Managed Area NameOwnerOwner TypeReedy Creek Nature PreserveMecklenburg CountyLocal Government*NOTE: If the proposed project intersects with a conservation/managed area, please contact the landowner directly for additional information. If the project intersects with a Dedicated Nature Preserve(DNP), Registered Natural Heritage Area (RHA), or Federally-listed species, NCNHP staff may provide additional correspondence regarding the project.Definitions and an explanation of status designations and codes can be found at https://ncnhde.natureserve.org/content/help. Data query generated on March 2, 2020; source: NCNHP, Q1 Jan 2020.Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database.Page 2 of 5 Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One-mile Radius of the Project AreaFrank Grier RoadProject No. 2018-0406March 2, 2020NCNHDE-11540Element Occurrences Documented Within a One-mile Radius of the Project AreaTaxonomicGroupEO ID Scientific Name Common Name LastObservationDateElementOccurrenceRankAccuracy FederalStatusStateStatusGlobalRankStateRankNaturalCommunity25442 Basic Mesic Forest(Piedmont Subtype)--- 2007-10-08 B 3-Medium --- --- G3G4 S3S4NaturalCommunity25443 Dry-Mesic BasicOak--Hickory Forest(Piedmont Subtype)--- 2010 A 3-Medium --- --- G3G4 S3NaturalCommunity25444 Dry-MesicOak--Hickory Forest(Piedmont Subtype)--- 2010 B 3-Medium --- --- G4G5 S4NaturalCommunity1577 Mesic Mixed HardwoodForest (PiedmontSubtype)--- 2007-10-08 C 3-Medium --- --- G3G4 S4NaturalCommunity25441 Piedmont AlluvialForest--- 2007-10-08 C 2-High --- --- G4 S4Vascular Plant 13743 Delphinium exaltatum Tall Larkspur 1800s Hi? 5-VeryLow--- Endangered G3 S2Vascular Plant 5014 Hexalectris spicata Crested Coralroot 1958-08-06 H 4-Low --- SignificantlyRarePeripheralG5 S2Vascular Plant 13152 SymphyotrichumgeorgianumGeorgia Aster 2018 D 2-High Candidate Threatened G3 S3Natural Areas Documented Within a One-mile Radius of the Project AreaSite Name Representational Rating Collective RatingReedy Creek Nature Preserve Forests R4 (Moderate) C4 (Moderate)Managed Areas Documented Within a One-mile Radius of the Project AreaManaged Area Name Owner Owner TypeReedy Creek Nature Preserve Mecklenburg County Local GovernmentReedy Creek Park Mecklenburg County Local GovernmentCatawba Lands Conservancy Easement Catawba Lands Conservancy PrivateReedy Creek Greenway Mecklenburg County Local GovernmentPage 3 of 5 Managed Areas Documented Within a One-mile Radius of the Project AreaManaged Area Name Owner Owner TypeDelta Creek Park Mecklenburg County Local GovernmentDefinitions and an explanation of status designations and codes can be found at https://ncnhde.natureserve.org/content/help. Data query generated on March 2, 2020; source: NCNHP, Q1 Jan 2020.Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database.Page 4 of 5 Page 5 of 5 Frank Grier Road Attachments March 13, 2020 CWS Project No. 2018-0406 ATTACHMENT B: Photopage (Photographs 1-4) Frank Grier Road Attachment B - Photopage March 13, 2020 CWS Project No. 2018-0406 Photograph 1. View of potential habitat for Schweinitz's sunflower, facing northeast. Photograph 2. View of potential habitat for Schweinitz's sunflower, facing southwest Photopage 1 of 2 r x 5 b r , •� r zK - Frank Grier Road Attachments April 24, 2020 CWS Project No. 2018-0406 ATTACHMENT G: ILF Acceptance Letter April 22, 2020 Brad Dyer Eastwood Homes 2857 Westport Road Charlotte, NC 28208 Expiration of Acceptance: 10/22/2020 Project: Frank Grier Road County: Mecklenburg The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to accept payment for compensatory mitigation for impacts associated with the above referenced project as indicated in the table below. Please note that this decision does not assure that participation in the DMS in- lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will be approved. You must also comply with all other state, federal or local government permits, regulations or authorizations associated with the proposed activity including G.S. § 143-214.11. This acceptance is valid for six months from the date of this letter and is not transferable. If we have not received a copy of the issued 404 Permit/401 Certification within this time frame, this acceptance will expire. It is the applicant’s responsibility to send copies of the permits to DMS. Once DMS receives a copy of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the in-lieu fee to be paid by an applicant is calculated based upon the Fee Schedule and policies listed on the DMS website. Based on the information supplied by you in your request to use the DMS, the impacts for which you are requesting compensatory mitigation credit are summarized in the following table. The amount of mitigation required and assigned to DMS for this impact is determined by permitting agencies and may exceed the impact amounts shown below. River Basin Impact Location (8-digit HUC) Impact Type Impact Quantity Yadkin 03040105 Riparian Wetland 0.16 Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The mitigation will be performed in accordance with the In-Lieu Fee Program instrument dated July 28, 2010. Thank you for your interest in the DMS in-lieu fee mitigation program. If you have any questions or need additional information, please contact Kelly Williams at (919) 707-8915. Sincerely, FOR James. B Stanfill Asset Management Supervisor cc: Aliisa Harjumiemi, agent Frank Grier Road Attachments April 24, 2020 CWS Project No. 2018-0406 ATTACHMENT H: SHPO Letter North Carolina Department of Natural and Cultural Resources State Historic Preservation Office Ramona M. Bartos, Administrator Governor Roy Cooper Office of Archives and History Secretary Susi H. Hamilton Deputy Secretary Kevin Cherry Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: (919) 807-6570/807-6599 April 24, 2020 Aliisa Harjuniemi aliisa@cws-inc.net Carolina Wetland Services, Inc. 550 East Westinghouse Boulevard Charlotte, NC 28273 Re: Develop Frank Grier site subdivision, east of Plott Road and Plaza Road Extension intersection , Mecklenburg, ER 20-0687 Dear Ms. Harjuniemi: Thank you for your email of March 18, 2020, concerning the above project. We have conducted a review of the project and are aware of no historic resources which would be affected by the project. Therefore, we have no comment on the project as proposed. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation’s Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, contact Renee Gledhill-Earley, environmental review coordinator, at 919-814-6579 or environmental.review@ncdcr.gov. In all future communication concerning this project, please cite the above referenced tracking number. Sincerely, Ramona Bartos, Deputy State Historic Preservation Officer Frank Grier Road Attachments April 24, 2020 CWS Project No. 2018-0406 ATTACHMENT I: Photopage (Photographs 1-12) ` 1' t •tip .... ivtAl f - 1-- A IMMKIYALA Frank Grier Road Phninnana April 24, 2020 CWS Project No. 2018-0406 �� ,-`i i r � ray "� 6r.. .�. % "i ',,{ '„. ` J If I l c . � `�.' ` -4 ,.,� '� Sri`._' •y'r � •�'.'Yt � . �� i #\'�."' :� 3• i'=". .- { J`Y _ >, 3, Photograph 5. View of Wetland EE, facing northwest. a� Ra JOP w� o 'E;, - 14 'l b -Msi �_ � z - r . r,•s . � _ i� � � _ - nib ':' �"' �- Photograph 6. View of Wetland FF, facing southeast. Photopage 3 of 6 Frank Grier Road Photopage April 24, 2020 CWS Project No. 2018-0406 Photograph 9. View of Perennial Stream A, facing downstream. Photograph 10. View of Perennial Stream B, facing upstream. Photopage 5 of 6 Frank Grier Road Photopage April 24, 2020 CWS Project No. 2018-0406 ' ,��► ': 34:y tz a, - - ;AV?` y t Pr - _��"•• Photograph 11. View of Intermittent Stream C, facing upstream. �. Vj- s x � lit �t�'��r�. ��. i�". r s 5 -tom'-I.u'A�d�� `��i� r�.�� p�� • .�+�r5�„-!'�k��'��1�,'+��,. �t� rrY +�.os.=i � _ < �� e' ✓" �, 1,r�� _�� 4F ''y �°`"!z'�'' .��3'' y�.,.. V,f.�+aiwC '�-� 74 sisgiL,r ��w'�r-7y, yq.. �'°' e Ai ti.��ECl�; - �m �>' ✓ �@•+ �� '+r 'y� .r ;�.. _ Y3IA'. J+ ;AAq`. �qq. a STf ,'�• S, �J. �' s 1Pr _ ':1 C11� ' 3r�� -Si7rrd�rM �.. � n �' • �� , �\3 s � Photograph 12. View of Intermittent Stream D, facing upstream. Photopage 6 of 6