HomeMy WebLinkAbout20200575 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,LJĚƌŽůŽŐŝĐhŶŝƚŽĚĞWE&ŽƌŵϮĐ͗
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
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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
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Charlotte, North Carolina
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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:
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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
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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)
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Frank Grier Road
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April 24, 2020
CWS Project No. 2018-0406
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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.
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Frank Grier Road
Photopage
April 24, 2020
CWS Project No. 2018-0406
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Photograph 12. View of Intermittent Stream D, facing upstream.
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