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HomeMy WebLinkAbout20200767 Ver 1_401 Application_20200610DWR mrlslon of Water Resources Pre -Construction Notification (PCN) Form April 11, 2020 Ver 3.1 Initial Review Has this project met the requirements for acceptance in to the review process?* r Yes r No Is this project a public transportation project?* C Yes r No Change only if needed. BIMS # Assigned 20200767 Is a payment required for this project?* r No payment required r Fee received r Fee needed - send electronic notification Reviewing Office * Nboresville Regional Office - (704) 663-1699 Information for Initial Review 1a. Name of project: The Addison Apartments 1a. Who is the Primary Contact? S&EC, PA - Bob Zarzecki 1b. Primary Contact Email:* bzarzecki@sandec.com Date Submitted 6/10/2020 Nearest Body of Water Rocky River (Stream Index W. 13-17) Basin Yadkin-PeeDee Water Classification C Site Coordinates Latitude: 35.360394 A. Processing Information County (or Counties) where the project is located: Cabarrus Is this a NCDMS Project r Yes r No Longitude: -80.714858 Is this project a public transportation project?* r Yes r No 1a. Type(s) of approval sought from the Corps: W Section 404 Permit (wetlands, streams and waters, Clean Water Act) r Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) Version#* 1 What amout is owed?* IT $240.00 r $570.00 Select Project Reviewer* Alan Johnson:eads\adjohnson1 1c. Primary Contact Phone:* (919)846-5900 U 1b. What type(s) of permit(s) do you wish to seek authorization? W Nationwide Permit (NWP) r Regional General Permit (RGP) r Standard (IP) 1c. Has the NWP or GP number been verified by the Corps? r Yes r No Nationwide Permit (NWP) Number: NWP Numbers (for multiple NWPS): 1d. Type(s) of approval sought from the DWR: W 401 Water Quality Certification - Regular r Non-404 Jurisdictional General Permit r Individual Permit 29 - Residential Developments le. Is this notification solely for the record because written approval is not required? For the record only for DWR 401 Certification: For the record only for Corps Permit: F- 401 Water Quality Certification - E)press r Riparian Buffer Authorization 1f. Is this an after -the -fact permit application?* r Yes r No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? r Yes r No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? r Yes r No Acceptance Letter Attachment 1h. Is the project located in any of NC's twenty coastal counties? r Yes r No 1j. Is the project located in a designated trout watershed? r Yes r No B. Applicant Information 1d. Who is applying for the permit? W Owner r Applicant (other than owner) le. Is there an Agent/Consultant for this project?* r Yes r No 2. Owner Information 2a. Name(s) on recorded deed: Old Holland Road, LLC 2b. Deed book and page no.: Book 06499 / Page 0097 2c. Responsible party: George W. Sistrunk, III (Managing Member) 2d.Address Street Address 525 N. Tryon Street Address tine 2 Suite 1400 City Charlotte Rbstal / Zip Code 28202-0215 2e. Telephone Number: (704)227-1065 2g. Email Address:* gsistrunk@lawhssm.com Slate / Ftovince / Region NC Country USA 2f. Fax Number: r- Yes r No r Yes r No 4. Agent/Consultant (if applicable) 4a. Name: Bob Zarzecki 4b. Business Name: Soil & Environmental Consultants, PA (S&EC) 4c.Address Street Address 8412 Falls of Neuse Road Address tine 2 Suite 104 City Raleigh Flostal / Zip Code 27615 4d. Telephone Number: (919)846-5900 4f. Email Address:* bzarzecki@sandec.com Agent Authorization Letter* The Addison - S&EC Agent Authorization (owner).pdf The Addison - S&EC Agent Authorization (City of Concord).pdf C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (d appropriate) 1c. Nearest municipality/ town: Concord 2. Project Identification 2a. Property Identification Number: 45898075560000,45899006810000, 45899042310000,45899050000000 2c. Project Address Street Address Old Holland Road Address Line 2 City Concord Postal / Zip Code 28262 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* Rocky River (Stream Index No. 13-17) 3b. Water Resources Classification of nearest receiving water:* C 3c. What river basin(s) is your project located in?* Yadkin-PeeDee 3d. Please provide the 12-digit HUC in which the project is located. 030401050106 4. Project Description and History State / Frovince / Fbgion NC Country USA 4e. Fax Number: (919)846-9467 2b. Property size: 26.039 State / F?ovince / Region NC Country USA 263.54KB 116.39KB 4a. 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 site is vacant, forested land with a +/- 1.5 acre pond. The site is located southeast of the intersection of Interstate Highway 85 and Bruton Smith Blvd. Retail shopping center(s) and the Great Wolf Lodge Water Park and Hotel exist just north of the site. Vacant, agricultural and rural residential properties exist to the west, south and east of the site. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?* r Yes r No r Unknown 4d. Attach an 8 1/2 X 11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site. (for DWR) The Addison - USGS.pdf 1.66MB 4e. Attach an 8 1/2 X 11 excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. (for DWR) The Addison - Soil Survey.pdf 727.41 KB 4f. List the total estimated acreage of all existing wetlands on the property: 2.34 4g. List the total estimated linear feet of all existing streams on the property: 1,400 4h. Explain the purpose of the proposed project:* The purpose of the project is to construct a residential apartment community. 41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* The project is a residential apartment community consisting of several residential apartment buildings and associated parking lots, stormwater management ponds (SCM Wet Pond #1 & #2), and utilities, including an offsite sanitary sewer line to connect to an eAsting manhole. Heavy equipment (such as excavators, bulldozers, dump trucks, etc.) will be used to clear, grade and develop the project. 4j. Please upload project drawings for the proposed project. The Addison - IMPACT MAPS.pdf 2.83MB 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* G Yes r No r Unknown Comments: 5b. If the Corps made a jurisdictional determination, what type of determination was made?* r Preliminary r Approved r Not Verified r Unknown r N/A Corps AID Number: SAW-2019-00556 PJD Sc. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Catherine M. Janiczak / Bob Zarzecki Agency/Consultant Company: USACE / S&EC Other: 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR PJD dated June 25, 2019; The PJD is for the development site. S&EC also delineated potential wetlands within the offsite sanitary sewer easement as shown on the attached impact maps. Ms. Janiczak did not feel the need to visit this offsite sewer easement delineation. The applicant is not asking for a JD associated with the requested NWP verification. 5d1. Jurisdictional determination upload The Addison - PJD SAW-2019-00556.pdf 1.1 MB 6. Future Project Plans 6a. Is this a phased project?* r Yes r No Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity? D. Proposed Impacts Inventory 1. Impacts Summary 1a. Where are the impacts associated with your project? (check all that apply): W Wetlands W Streams -tributaries r Buffers r Open Waters r Pond Construction 2. Wetland Impacts a. Site #* (?) 2a1 Reason (?) 2b. Impact type * (?) 2c. Type of W.* 2d. W. name * 2e. Forested * 2f. Type of 2g. Impact Jurisdicition*(?) area* npact Area 1 sanitary sewer ��T Non -Tidal Freshwater Marsh W2 ��Bth 0.106 (acres) Im act Area 1 P Im act Area 1 P sanitary sewer Y sanitary sewer Y T T wa Tidal Freshwater Marsh ��W2 wo Bottomland Hardod Forest �W2 No Yes Both Both 0.005 (acres) 0.015 (acres) Im act Area 3 P sanitary Y sewer T See P �W4 Yes Both 0.060 (acres) 2g. Total Temporary Wetland Impact 0.186 2g. Total Wetland Impact 0.186 2h. Comments: 2g. Total Permanent Wetland Impact 0.000 Note: The proposed wetland impacts to install the sanitary sewer have been broken into both forested and non -forested wetland areas. The non - forested wetland areas are those within maintain easements or otherwise maintained vegetated areas primarily along Old Holland Road. Potential permanent conversion of forested to non -forested wetland areas requested is 0.075 acres (less than 1/10th acre). All wetland areas will be restored to original grades and seeded with a wetland seed mix as described on the plans. Impacts to wetlands and stream have been minimized by avoiding some of the wetlands areas by means of bore-n-jack, directionally drilling the line under some of the areas at the road crossing and stream crossing location. This was not possibly to do throughout the entire area due to the need to construct the deep boring pits and due to steep topography in other areas. 3. Stream Impacts ❑ 3a. Reason for impact (?) 3b.lmpact type * 3c. Type of impact* 3d. S. name * 3e. Stream Type * �3f. Type of 3g. S. width* �3h. Impact (?) Jurisdiction* length* Road Grading Permanent Fill S1 Intermittent Both 3 112 S1 9 Average (feet) (linear feet) 3i. Total jurisdictional ditch impact in square feet: 3i. Total permanent stream impacts: 112 31. Total stream and ditch impacts: 112 3j. Comments: E. Impact Justification and Mitigation 1. Avoidance and Minimization 3i. Total temporary stream impacts: 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: The applicant hired S&EC, PA to completed a delineatin of WOTUS on the property and have it verified by the USACE. They then used this information in their site planning to try to avoide impacts to WOTUS as much as practicable. This resulting in only needing to permanently impact 112 lienar feet of intermittent stream, and avoid impacts to the pond and stream below the pond. Temporary wetland impacts are needed however to install the necessary sanitary sewer for the project. Efforts were made to minimize impacts to the stream by locating the actual road above the jurisdictional intermittent stream origin. However, impacts to the stream could not be completely avoided due to the steep terrain and necessary grading for the road. Offsite stormwater runoff currently flows through the upper, non -jurisdictional drainage above the jurisdictional intermittent stream origin. This runoff will be bypassed under the road as depicted on the plans. Retaining walls are being used to avoid impacts to the lower portion of the stream, buffers, and wetlands (area W1) at the top end of the pond. As described above, efforts were also made to avoid some of the wetlands and stream impacts for the sanitary sewer by means of bore-n-jack, directional drilling under the wetlands at the road and stream crossing locations. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: The project will obtain an erosion and sediment control permit, construction stormwater permit and post -construction stormwater management plan approval for the project from the City of Concord. These efforts will help avoid and minimize to WOTUS and water quality during construction of the project. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? r Yes 6 No 2b. If this project DOES NOT require Compensatory Mitigation, explain why: The project was able to minimize permanent impacts to only 112 LF of stream and <1/10 acre of forested wetland conversion. Mitigaiton is typically only required for impacts resulting in the loss of 150 LF of stream and 1 /10th acre of wetlands. The use of onsite post -construction stormwater management and riparian buffers also further mitigates impacts to WOTUS. F. Stormwater Management and Diffuse Flow Plan (required by DWR) 1. Diffuse Flow Plan 1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? r Yes r No If no, explain why: The project is not in one of the NC Riparian Buffer Protection Rule watershed (e.g., Neuse, Tar -Pam, Catawba, etc.). Stream buffers are required by the City of Concord however and the City will ensure that diffuse flow will be maintained in these buffers or otherwise approve the SCM discharges as depicted on the plans. 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?* r Yes r No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? r Yes r No 2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater program? r Yes r No r NIA - project disturbs < 1 acre 2d. Which of the following stormwater management program(s) apply: V Local Government F State Local Government Stormwater Programs W Phase II r NSW r USMP r Water Supply Please identify which local government stormwater program you are using. City of Concord, NC Comments: The stormwater managment plan for the project includes the protection of riparian buffers and the use of the two SCM Wet Ponds #1 & #2 as depicted on the plans. G. Supplementary Information U 1. Environmental Documentation la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?* r Yes r No 2. Violations (DWR Requirement) 2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 21-1.0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15A NCAC 2B .0200)? * r Yes r No 3. Cumulative Impacts (DWR Requirement) 3a. Will this project result in additional development, which could impact nearby downstream water quality?* r Yes r No 3b. If you answered "no," provide a short narrative description. The project consists of the construction of a residential apartment community already adjacent to epsting roadway infrastruce and retail shopping. Projects such as this are not typically considered to result in additional development, which could impact nearby downstream water quality. Any such development would need to comply with the same stornmater managent and Clean Water Act regulations as this project. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* r Yes r Nor N/A 4b. Describe, in detail, the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated at a treatment plant, list the capacity available at that plant. The project Will connect to the epsting City of Concord sanitary sewer system. The City and State Will ensure that adequate capactity epsts. 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or habitat?* r Yes r No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* r Yes r No 5d. Is another Federal agency involved?* r Yes r No r Unknown 5e. Is this a DOT project located within Division's 1-8? r Yes r No 5f. Will you cut any trees in order to conduct the work in waters of the U.S.? r Yes r No 5g. Does this project involve bridge maintenance or removal? r Yes r No 5h. Does this project involve the construction/installation of a wind turbine(s)?' r Yes r No 51. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.? r Yes r No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? FWS IPAC & NC NHP online databases; Attached FWS official species list, NLEB consistency determination, NHP report and S&EC species conclusion table. Consultation Documentation Upload The Addison - FWS & NHP Info.pdf 1.64MB 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?* r Yes r No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?* NOAA EFH online mapper; The project is located within the piedmont of NC far from any EFH areas. 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?* r Yes r No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* NC SHPO HPOWEB 7c. Historic or Prehistoric Information Upload The Addison - SHPO.pdf 278.61 KB 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain?* r Yes r No 8b. If yes, explain how project meets FEMA requirements: Only the sanitary sewer is proposed within the FEMA floodplain. No above grade fills are proposed. The City of Concord will reviewfor FEMA compliance. 8c. What source(s) did you use to make the floodplain determination?* FEMA DFIRM & NC Flood databases Miscellaneous Comments Miscellaneous attachments not previously requested. The Addison - FEMA.pdf Signature * W By checking the box and signing below, I certify that: 379.51 KB • I have given true, accurate, and complete information on this form; • I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act'); • I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act'); • I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND • I intend to electronically sign and submit the PCN form. Full Name: Bob Zarzecki Signature U u Date 6/10/2020 Environmental Consultants, 8412 Fa11s of Neuse Road, Suite 104, Raleigb, NC 27615 • Phone; (919) W-5900 sandec.com PROPERTY OWNER CERTIFICATION I AGENT AUTHORIZATION Project Name/Description: OLD HOLLAND ROAD SITE S&EC Project # Date: 2019 The Department of the Army U.S. Army Corps of Engineers, Wilmington District 69 DarIington Avenue Wilmington, NC 29403 Attn: Dave Shaeffer Field Office: USAGE Asheville/Charlotte Re ug_ iatary Field Office 1, the undersigned, a duly authorized owner of record of the property/properties identified herein, do authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) and Soil & Environmental Consultants, PA (S&EC) staff (as my agent) to enter upon the property herein described for the purpose of conducting on -site investigations and Issuing a determination associated with Waters of the U.S. subject to Federal jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. This document also authorizes S&EC (as my agent) to act on my behalf and take all actions necessary for the processing, issuance and acceptance of a permit or certification and any and all associated standard and special conditions. This notification supersedes any previous correspondence concerning the agent for this project. NOTICE: This authorization, for liability and professional courtesy reasons, is valid only for government officials to enter the property when accompanied by S&EC staff. You should call S&EC to arrange a site meeting prior to visiting the site. PARCEL INFORMATION: Old Holland Road Site, ConggA. cabbarus Co" NC PINS (acres): 458 8075560000 20.509 acres 45$ 006810000 2.25 acres 458 423I0000 1-06 acres 4589905000000O 2.22 acres • total gea =+/- 26.032 acres Watershed: ver. 13-17 'M Yadkin Pee.Dee 03040105 PROPERTY OWNER INFORMATION: Name: Old Holland Road LLC Address: 201 S. College St., Suite 2020, Charlotte, NC 28244 Phone No.: Fax No.: Mobile No.: Email: 0 f Q 1-6 /" /r./{ LL L I.�c2ir1 Property Owner (please print) Date Property Signature We hereby certify the above fnfonmatiion submM ed in this app11catfan is true and accurate to the best of our knowledge, Environmental Consultants, 8412 Falls of Neuse Road, Suite 104, Raleigh, NC 27615 • Phone: (919) 846-5900 sandec.com MUNICIPAL OFFICIAL CERTIFICATION I AGENT AUTHORIZATION Project Name/Description: The Addison Off -site Sewer Easement S&EC Project #13732 Date: 2020 The Department of the Army U.S. Army Corps of Engineers, Wilmington District 69 Darlington Avenue Wilmington, NC 28403 Attn: Catherine Janiczak (or assigned) Field Office: USACE Charlotte Regulatory Field Office I, the undersigned, a duly authorized municipal official for the sanitary sewer easement identified herein, do authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) and Soil & Environmental Consultants, PA (S&EC) staff (as my agent) to enter upon the property herein described for the purpose of conducting on -site investigations and issuing a determination associated with Waters of the U.S. subject to Federal jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. This document also authorizes S&EC (as my agent) to act on my behalf and take all actions necessary for the processing, issuance and acceptance of a permit or certification and any and all associated standard and special conditions. This notification supersedes any previous correspondence concerning the agent for this project. NOTICE: This authorization, for liability and professional courtesy reasons, is valid only for government officials to enter the easement area when accompanied by S&EC staff. You should call S&EC to arrange a site meeting prior to visiting the site. EASEMENT INFORMATION: The Addison Offsite Sewer Easement Old Holland Road Concord Cabbarus Co. NC PINS (acres): portion of 45898173110000; Deed: B11409/P0330; Lat/Long: 35.6288/-80.7156 Watershed: Rocky River, 13-17, "C", Yadkin Pee -Dee 03040105 MUNICIPAL OFFICIAL INFORMATION: Name: City of Concord Address: 35 Cabarrus Avenue, PO Box 308, Concord, NC 28206-0308 Phone No.: (704)920-5215 Fax No.: ( ) Mobile No.: ( ) Email: paynel e,concordne.-ov Lloydyne, City Manager Municipal Official y(please F � ::. i .- 04, I / a ._;2-C2 Date We hereby certify the above information submitted in this application is true and accurate to the best of our knowledge. 6 N A- j, V\ k Offsite Sewer) j Lde A N B Pond 1 JU L V, C3 D L V % 0, IA 71 tits r X I P L"1 V I V, Z IN % L stowe5 WE N Chap' --cem L J S i to cl, M Cerh V, - --. 1 11 % Project Number: 13732.Wl Map Title: 0 1,000 2,000 N Project Manager: Figure 1- USGS Map I I I I I Ili I I BZ Old Holland Road Site - Charlotte Feet Scale: Cabarrus County, NC A 1 1000' • Source: 2016 USGS Soil & Environmental Consultants, Date: 8412 Falls ofN—R-d, Si. 104, Raleigh, - Ph.- (919) W-5900- F- (919) W-946 12/5/2018 Harrisburg, NC Quadrangle -dec.com P 0 B ' CuD 2 rZI . uB 2 Et D Offsite Sewer of CuB2 A af PondP F CO2, 1 J CuB 2 r 4 PoF Project Number: Map Title: N 13732.W1 0 500 1,000 Project Manager: Figure 2- Soil Survey Map I i i i I i i i I BZ Old Holland Road Site - Charlotte Feet Scale: Cabarrus County, NC 1" = 500' • Date: Source: Cabarrus County Soil & Environmental Consultants, P 12 /5/2 018 8412 Falls ofN.— Road, 6ui. 104, Raleigh, NC 27615 • Ph...: (919) 846-5900 • Pas (919) 846-946 Soil Survey Sheet 5 ,.de — JURISDICTIONAL// PERENNIAL STREAM B L DUKE ENERGY CAROLINAS, LLC / PID #4589719144000 I (CABARRUS COUNTY) \ / APPROX. WETLAND AREA W4 FP 1,120 SF (0.03 AC) GWR CAROLINAS PROPERTY / Ir OWNER LLC PID #45899170630000 III (CABARRUS COUNTY) �PN� GWR CAROLINAS /y OLO \OL .� PIN- 45 98173 10000 APPROX. WETLAND AREA W3 \' 7,260 SF (0.17 AC) / 10; VEGETATIONu BUFFER, (TYP.) JURISDICTIONAL '/- /(f 30' BUFFER,�(TYP.)\ -- _ PERENNIAL STREAM A (� 1 `� POND AREA 1jj� w /\\ ���� ` \�65,340 SF (1.50 AC) 061 Ali WETLAND AREA W2 72,184 SF (1.77 AC) I � DAVID M. AUMAN PENNY D. AUMAN^.\\\\ PID #029-561-10 (MECKLENBURG OLD HOLLAND ROAD, LLC COUNTY) PID #029-561-09 (MECKLENBURG COUNTY) c 'ii�o vep'R �F,ieGRGSCOGH O NL. 00 OLD HOLLAND SITE ROAD s C MO ROAD f'O ROAD VICINITY MAP NOT TO SCALE. - WETLAND AREA W1 -� W 6,098 SF (0.14 AC) N� � - T ILLIAM E, �. —0011 JURISDICTIONAL INTERMITTENT \ STREAM C Z ��' �11111dllllrl1ri����� EXISTING PROPERTY LINE, (TYP.) WILLIAM E. CAUDLE PID #45889927890000 (CABARRUS COUNTY) WILLIAM E. CAUDLE PID #029-561-07 (MECKLENBURG COUNTY) DESIGN RESOURCE GROUP LANDSCAPE ARCHITECTURE CIVIL ENGINEERING TRANSPORTATION PLANNING 2459 W'Gklnson Blvd, Ste 200 Charlotte, NC 28208 704.343.0608 w,vw.d rgrp.com H z Lu ZZ 2 O o o a 0 L) � /^' ter/ / Q N LuJto _ U 0 > Li ` 0 0 Lu o z O LLJ Z �zow Q W o Lr U) H w�NO W 0 2 0 >/a� LL J 1 U 1 r` N z O USACE #: (SAW-2019-00556) EXISTING CONDITIONS 0 150 300 O SCALE: 1" = 300' PROJECT #: 036-023 DRAWN BY WSM CHECKED BY SK APRIL 28, 2020 Tom/ 6.4 INPL. Copy,ight@2020 Design Resource Group, PA This plan or drawing a nd any accompanying documents or calculations are[he property of Design Resource Group, PA; and are intended solely for [he use of [he recipien[no[ed. No[hird party use or modifca[ion is permitted without vmitten authoriution. 1.0 dr DESIGN RESOURCE GROUP LANDSCAPE ARCHITECTURE CIVIL ENGINEERING TRANSPORTATION PLANNING 2459 V ',lklnson Blvd, Ste 200 704.343.0608 wn rgrp.aom Charlotte, NC 28208 .d Z Lu ZZ ' Oo O 7 OL)w� �/� vJ cr Q N J J Lu J u _ U 2 0 > C � 0 0 � o z O LJJ Z z ow Q U) H W O N w�O U 2 i /Q/� LL to J 0 U r N N Z O U USACE #: (SAW-2019-00556) PROPOSED SITE PLAN & IMPACT A_ o 100 200 O SCALE: 1" = 200' PROJECT #: 036-023 DRAWN BY WSfal CHECKED BY SK APRIL 28, 2020 REVISIONS: mul Copyright@2020 Design Resource Group, PA This plan or drawing a nd any accompanying documents or calculations are[he property of Design Resource Group, PA; and are intended solely for [he use of [he recipien[no[ed. No[hird party use or modifca[ion is permitted without vmitten authoriution. TEMPORARY IMPACTED MAINTAINED / (WITHIN ELECTRICAL EASEMENT WETLAND AREA W2 206 SF (0.005 AC) 30'x12'x6' DEEP BORING PIT i OLD HOLLAND ROAD ELECTRICAL EASEMENT, (TYP. 'bow LINE TO BE BORED UNDER STREAM 0 SEE SHEET 3.1 FOR PROFILE 6'x12'x6' DEEP LINE TO BE BORED UNDER STREAM AOR D / RECEIVING PIT _ UT — — SEE SHEET 3.2 FOR PROFILE 24'x12'x6' DEEP _ _ _ ■ ■ _RECEIVING PIT _ — `' ■ _ x xx x \ f z x x/ z z / x r�x z I,- V Vv V xxxxxxx xxxx^ �'x / / — \ x x xxxx��x xx i x x x x."x x x x / v'p_/ TEMPORARY IMPACTED x _ x xx' �` % NON -FORESTED WETLAND \ x x x x.x : x x AREA W2 x / F — - 4,638 SF (0.106 AC) x x � x \ x x L�/ j am/ Rpq�(�RF _ —� ��� IEXISTING TEMP. I" UTILITY EASEMENT 1 EXISTING` TEMP. / 30' UNDISTURBED BUFFER, (TYP`) \ \� ICONSTRUCTION10' VEGETATION BUFFER, (TYP.) I EASEMENT I I I I I 30' SANITARY SEWER EASEMENT, (TYP.)- TEMPORARY IMPACTED FORESTED 30'/" I I I I SANITARY SEWER LINE, (TYP.) WETLAND AREA W2 1 1 I I TREE PROTECTION FENCE, (TYP. 634 SF (0.015 AC) I =� NOTES: 1. TO THE EXTENT POSSIBLE, RETURN THE AREA TO THE EXISTING GRADE. REMOVAL OF EXISTING TOPSOIL AND OTHER VEGETATION SHOULD BE AVOIDED WHERE POSSIBLE. 2. IMPACTED WETLANDS TO BE RETURNED TO PRE-EXISTING CONDITIONS FOLLOWING TEMPORARY IMPACTS; 12" TOPSOIL PLACED ON FABRIC AND REPLACED UPON COMPLETION. AREA TO BE SCARIFIED AND TO RESEEDED WITH NATIVE WETLAND SEED MIX TO SPECIFICATIONS PER SEED MIX. MULCH AFTER SEEDING WITH APPROXIMATELY 2 TONS OF GRAIN STRAW PER ACRE. 3. REMEDIED AREAS TO BE REASONABLY FREE OF WWEDS, TRASH, DEBRIS, AND OTHER FOREIGN MATERIALS. 4. CONTRACTOR TO MINIMIZE THE USE OF CONSTRUCTION EQUIPMENT WITHIN THE RESTORATION AREA WITH THE GOAL OF AVOIDING EXCESSIVE COMPACTION OF EXISTING SOIL. DESIGN RESOURCE GROUP LANDSCAPE ARCHITECTURE CIVIL ENGINEERING TRANSPORTATION PLANNING 2459 W'Gklnson Blvd, Ste 200 Charlotte, NC 28208 704.343.0608 w,vw.d rg'P.com H Z W ZZ 2 O�0 o 0 a o��� /� vJ Of Q J J LuJto _ U 0 > LU U) 0 0 Lu Ow�E Z z ow Q LjO U) H w�N0 C) 2 0 > </'�� < I L ' J 1 U 1 r N Z O USACE #: (SAW-2019-00556) W' _ 0 is 30 SCALE: 1" = 30' PROJECT #: 036-023 DRAWN BY WSIA CHECKED BY SK APRIL 28, 2020 mul Copyright@2020 Design Resource Group, PA This plan or drawing a nd any accompanying documents or calculations are[he property of Design Resource Group, PA; and are intended solely for [he use of [he recipien[no[ed. No[hird party use or modifca[ion is permitted without vmitten authoriution. dr DESIGN RESOURCE GROUP LANDSCAPE ARCHITECTURE CIVIL ENGINEERING TRANSPORTATION PLANNING 2459 V ',lklnson Blvd, Ste 200 704.343.0608 wn rgrp.aom Charlotte, NC 28208 .d Z Lu ZZ ' Oo O 7 OL)w� �/� vJ cr Q N J J Lu J u _ U 2 0 > C � 0 0 � o z O LJJ Z z ow Q U) H W O N w�O U 2 i /Q/� LL to J 0 U r N N Z O U USACE #: (SAW-2019-00556) SEWER CROSSING PROFILE 0 20 40 SCALE: 1" = 40' PROJECT #: 036-023 DRAWN BY WSIA CHECKED BY SK APRIL 28, 2020 REVISIONS: 3.1 Copyright@2020 Design Resource Group, PA This plan or drawing a nd any accompanying documents or calculations are[he property of Design Resource Group, PA; and are intended solely for [he use of [he recipien[no[ed. No[hird party use or modifca[ion is permitted without vmitten authoriution. 610 m 590 6+00 PUBLIC SSMH—C RIM:601.37 INV IN:595.26 { INV IN:595.26 INV OUT.59476 15LF 8" SAN SWR @ 1. PUBLIC SSMH-04 _ RIM: 609.36 INV IN:600.33 (8") / INV OUT:600.13 (8")� TOP OF BANK \ ELEV=604.18 _\ TOP OF BANK / ELEV=603.73 / I i F s") BOTTOM OF STREAM ELEV=603.41 7+00 40 LF 8" RJ DIP SANITARY SEWER IN 18" STEEL CASING WITH RESTRAINING COLLARS TO BE JACK & BORED 8+00 rah I - -1 Lp 0 DESIGN RESOURCE GROUP 610 LANDSCAPE ARCHITECTURE CIVIL ENGINEERING TRANSPORTATION PLANNING 2459 W'Gklnson Blvd, Ste 200 Charlotte, NC 28208 704.343.0608 d rgrp.com H Z LJJ Z z 2 a OL)w � Oo �0 N UJ ir J J Q LJJ J to _ O > LU 0 Lu ( o z 0 0 LJJ Z z o w Q � z nN/ Of LU 0. W g 600 = O Q 0- uj N U N Z O U J 590 9+00 USACE #: (SAW-2019-00556) SEWER CROSSING PROFILE 0 20 40 SCALE: 1" = 40' PROJECT #: 036-023 DRAWN BY WSIA CHECKED BY SK APRIL 28, 2020 REVISIONS: Copyright@2020 Design Resource Group, PATH, planordrawingandanyaccompanying documents or calculations are[he property of Design Resource Group, PA; and are intended solely for [he use of [he recipien[no[ed. No[hird party use or modifca[ion is permitted without vmitten authoriution. M dr DESIGN RESOURCE GROUP LANDSCAPE ARCHITECTURE CIVIL ENGINEERING TRANSPORTATION PLANNING 2459 V ',lklnson Blvd, Ste 200 704.343.0608 wn rgrp.aom Charlotte, NC 28208 .d Z Lu ZZ ' Oo O 7 0L)w� �/� vJ cr Q N J J Lu J u _ U 2 0 > C � 0 0 � o z O LJJ Z z ow Q U) H W O N w�O U 2 i /Q/� LL to J 0 U r N N Z O U USACE #: (SAW-2019-00556) IMPACT AREA 2 g 10 20 � SCALE: 1" = 20' PROJECT #: 036-023 DRAWN BY WSIA CHECKED BY SK APRIL 28, 2020 REVISIONS: w l Copyright@2020 Design Resource Group, PA This plan or drawing a nd any accompanying documents or calculations are[he property of Design Resource Group, PA; and are intended solely for [he use of [he recipien[no[ed. No[hird party use or modifca[ion is permitted without vmitten authoriution. TO THE EXTENT POSSIBLE, RETURN THE AREA TO THE EXISTING GRADE. REMOVAL OF EXISTING TOPSOIL AND OTHER VEGETATION SHOULD BE AVOIDED WHERE POSSIBLE. IMPACTED WETLANDS TO BE RETURNED TO PRE-EXISTING CONDITIONS FOLLOWING TEMPORARY IMPACTS; 12" TOPSOIL PLACED ON FABRIC AND REPLACED UPON COMPLETION. AREA TO BE SCARIFIED AND TO RESEEDED WITH NATIVE WETLAND SEED MIX TO SPECIFICATIONS PER SEED MIX. MULCH AFTER SEEDING WITH APPROXIMATELY 2 TONS OF GRAIN STRAW PER ACRE. REMEDIED AREAS TO BE REASONABLY FREE OF WWEDS, TRASH, DEBRIS, AND OTHER FOREIGN MATERIALS. CONTRACTOR TO MINIMIZE THE USE OF CONSTRUCTION EQUIPMENT WITHIN THE RESTORATION AREA WITH THE GOAL OF AVOIDING EXCESSIVE COMPACTION OF EXISTING SOIL. I i I TEMPORARY IMPACTED FORESTED WETLAND AREA W4 356 SF (0.06 AC) 30' SANITARY SEWER EASEMENT, (TYPj SANITARY SEWER LINE, (TYP.)- -NOW OR FORMERd Y 1 MARKETPLACE A T CONCORD MILL DB 107471,32 TRA C T F2, P 40/30-31 � I EXISTING STORM PIPE-, 1 10' VEGETATION BUFFER, (TYP.}} 1 % \ /\ 11 30' UNDISTURBED BUFFER, (TYP.)- I I II lj I I� I II� I EXISTING STORM EASEMENT, (TYP. 12'x30'x12' DEEP BORING PI" I l /\ LINES TO BE BORED UNDER WETLANDS AND ROAD, (TYP.' I GREAT WOLF LODGE BMP dr DESIGN RESOURCE GROUP LANDSCAPE ARCHITECTURE CIVIL ENGINEERING TRANSPORTATION PLANNING 2459 W',lk,,so, Blvd, Ste 200 704.343.0608 vi,vw.drgrp.aom Charlotte, NC 28208 H z Lu Zz 2 O o o 0 a o�w� Of Q J J» Lu J u _ O 0 > LU 0 Lu o z O L L] � a- Z H Z ow Q �d H WO wino C) 2 >/Q/��: U) J 1 0 U LL N 1 z 0 USACE #: (SAW-2019-00556) IMPACT AREA 3 0 is 30 SCALE: 1" = 30' PROJECT #: 036-023 DRAWN BY: WSIA CHECKED BY SK APRIL 28, 2020 - - x SHEET 3.0 FOR IVING PIT LD HOLLAND ROAD REVISIONS: NA U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2019-00556 County: Cabarrus U.S.G.S. Quad: NC- Harrisburg NOTIFICATION OF JURISDICTIONAL DETERMINATION Requestor: Old Holland Road LLC George W. Sistrunk III Address: 201 South College Street, Suite 2020 Charlotte, NC 28244 Telephone Number: 704-227-1061 E-mail: gsistrunk(&lawhssm.com Size (acres) 26 Nearest Town Charlotte Nearest Waterway Rocky River River Basin Upper Pee Dee USGS HUC 03040105 Coordinates Latitude: 35.360843 Longitude:-80.714275 Location description: The review area is located 100 feet Southeast of the intersection of Weddington Road and Old Holland Road in Cabarrus County. PIN(s): 4589807556000, 45899006810000, 45899042310000, 4589905000000. 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 4/24/2019. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. ❑ There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the waters, including wetlands have not been properly delineated, this preliminary jurisdiction determination may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an effective presumption of CWA/RHA jurisdiction over all of the waters, including wetlands at the project area, which is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters, including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. B. Approved Determination ❑ There are Navigable Waters of the United States within the above described project area/property subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ There are waters, including wetlands on the above described project area/property subject to the permit requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ 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. SAW-2019-00556 ❑ The waters, including wetlands on your project area/property have been delineated and the delineation has been verified by the Corps. The approximate boundaries of these waters are shown on the enclosed delineation map dated DATE. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. ❑ The waters, including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on DATE. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ There are no waters of the U.S., to include wetlands, present on the above described project area/property which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in Morehead City, NC, at (252) 808-2808 to determine their requirements. Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or placement of structures, or work within navigable waters of the United States without a Department of the Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Catherine M. Janiczak at 704-510-1438 or C atherine.M.Janiczaknn ,,usace.armv.mil. C. Basis For Determination: Basis For Determination: See the preliminary jurisdictional determination form dated 6/25/2019. D. Remarks: None. E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Jason Steele, Review Officer 60 Forsyth Street SW, Room 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.** Corps Regulatory Official: Date of JD: 6/25/2019 Expiration Date of JD: Not applicable SAW-2019-00556 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0 Copy furnished: Agent: Bob Zarzecki Address: 8412 Falls of Neuse Road, Suite 104 Ralei!h, NC 27615 Telephone Number: 919-846-5900 E-mail: WarzeckiAsandec.com PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: 6/25/2019 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Old Holland Road LLC, George W. Sistrunk III, 201 South College Street, Suite 2020,Charlotte, NC 28244 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Old Holland Road PJD, SAW- 2019-00556 D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The review area is located 100 feet Southeast of the intersection of Weddington Road and Old Holland Road in Cabarrus County. PIN(s): 4589807556000, 45899006810000,45899042310000,4589905000000. (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: NC County: Cabarrus City: Charlotte Center coordinates of site (lat/long in degree decimal format): Latitude: 35.360843 Longitude:-80.714275 Universal Transverse Mercator: Name of nearest waterbody: Rocky River E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑ Office (Desk) Determination. Date: ® Field Determination. Date(s): 04/24/2019 TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION. Estimated amount of Geographic authority to Type of aquatic aquatic resources in which the aquatic resource Latitude (decimal Longitude (decimal resources (i.e., Site Number review area (acreage 'may be" subject (i.e., degrees) degrees) wetland vs. non - and linear feet, if Section 404 or Section wetland waters) applicable 10/404) W1 35.359624 -80.714422 0.14 acres Wetland Sec. 404 W2 35.361703 -80.716689 2.2 acres Wetland Sec. 404 A 35.362099 -80.715754 800 linear feet Non -wetland Sec. 404 B 35.361975 -80.716908 200 1 i near feet Non -wetland Sec. 404 C 35.359227 -80.713495 400 1 i near feet Non -wetland Sec. 404 Pond 1 35.360651 -80.715034 1.5 acres Non -wetland Sec. 404 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 3 (Dated 04/24/2019)_ ® 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 ❑ USGS NHD data. ❑ USGS 8 and 12 digit HUC maps. ® U.S. Geological Survey map(s). Cite scale & quadname: 1:24000 2016 USGS Harrisburg, NC Quadrangle ® Natural Resources Conservation Service Soil Survey. Citation: Cabarrus County Soil Survey Sheet 5 ❑ National wetlands inventory map(s). Cite name: ❑ State/local wetland inventory map(s): ❑ FEMA/FIRM maps: ❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929) ❑ Photographs: ❑Aerial (Name & Date): or ❑Other (Name & Date): ❑ Previous determination(s). File no. and date of response letter: ❑ Other information (please specify): IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for later iurisdictional determinations. Lllt6z� Signature and date of VulatorV staff member completing PJD 6/25/2019 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. Preliminary Jurisdictional Determination field verified by Catherine M Janiczak or the USACE Charlotte Regulatory Satellite Office on April 24, 2019. r., .� I - ntial uplands n this area iiii \\\\\\\ .10 \`\"\� r/'vzz40 �j//'�� , / /j%%���i�!/i �►-= =i/ �'/iiii%%= \ \\\1\\\�\1\\\\\\\\\\I Ilj►1/// //iiii/i/i //// /� ' �� /'i ; `\ 1\N\\\���\1 l 11�Ij�� 1 %%�/�)%�\ I\ \ I \\\\\\\\� //llI Ij rit (I I I I \ \�� `. `.`� \\\ `\ j 1 Ij\11�\I�\� / I I I I I I I \ \ �� `� `� �`\`� ♦ `\� + � 1/11111111j\�\ / 66 TT PL I I I \ \ \ � -� �� � ` `` \ \ ♦ / /I 111 III I ���i�i i �1\\ ��\♦`� =— \ `\ i i i i i i I\i; 27 / 1 IIlil11111/ff///// ----'/ Jlj j 11 11111 11 it III I % /Jr� // j / /�• %� �i'i/iiii; -__' J iili�iili11i1i►i//� , ]I .Zt Z1 I 47f //iii'/i 27 I t lilt It I / It I / \ 1 I\ 1\1\ \\11 \1\ \\ \ \ \ 1I \ \iii'--- \\\ \ \ 1 \ \\ I\\ \\\ \ DP1 a\!\ \ \\\\.. //� �/ ///- I I I I► 1 I II I I I i i i /�-�\ \\\\`\\ ��mX, AAA\ \ I lilt I I II I / / \ ` ��\ \ \\\\ 0\\\\\\\\\\\\\ \ / %// % % % !j/% % %' _ -_-_- J �// J) I 1 III I I I I 1 I / /' `\� \; �\ �\ \\it I I/ III\\\�\\`\\\�\\\\\\\\\ \ \I\I\\\ \\\�\\00\�\ ilil\i'i1�l+il►�\11 IIII111:1 III Jiiiiil ili �� �i iii r %i !' i i♦ \\ \\ `�..) i iii 15 TT Pond ji/ jlllllll�jl�r� j ll I r 1 l r�j�lj�111 �l1 11 � 111 � I\�`\`---'��^_ `��:::\`\\ j 111►1ilii�liljl�l�1��11111j 1 I I► 1 I I I I 11\►\ 1\\\ `♦ _---- �.-_���: ��\"\\ \`! 11 jl 111111j1111111�1111 1 i i 11 i i i \\\ I ,i iii►1►1'i'i►ii►iil Iljl�\\\\\\\`\\\`���\_��_-_-_-��i!i���\\\�\\\\\\\\\\\ II 11111111111111jlljllll`O %Olh \\\\\\\\\ \\\\ J I \\\\\\x\\\\I\\\\` 10. �_-__�-�_��_ ---- — `- � � \\.\��\\`�\��\\��\�\\\\\\• \. � \ I \�- iii Legend Parcel Boundaries c-�^a Potentially Jurisdictional Perennial Stream I I i '1 c--'�cc)o Potentially Jurisdictional Intermittent Stream 1111; > Potentially Jurisdictional Pond Illj►I I I Potentially Jurisdictional Wetland I ►► w00% Figure 3 - Sketch Map Old Holland Road Site - Charlotte Project No. Scale: NC OneMap 13732.W1 1" = 175' Cabarrus County GIS Project Mgr.: Prepared by: BZ 4/24/2019 JL 01 TT Pond \\\\\\\\\\\`\ r \I\\`\\ \`\`\\ \\ --J \\\\\\\ \�\` _ _ \ \ \\\\\ \\�/ \\♦ \\ / 1 III I / \ Detailed Delineation of Waters of the US Suitable for Preliminary Planning Only S&EC reserves the right to modify this map based on more fieldwork, and any other additional information. Approximations were mapped I 1 usingtopographic ma s, air photos and round truthin If the site is I 1 1 P P g g• \ going to be disturbed, S&EC's detailed delineation should be approved I I I 1 and permitted by the U.S. Army Corps of Engineers as required. If the I I l N user of this work desires an accurate map of the regulated features j \\ flagged by S&EC, they should retain a NC Registered Professional Land ) ) \\ Surveyor to locate S&EC's flaRRinR. j 0 175 350 700 Feet N Soil & Environmental Consultants, PA 8412 Falls of N.— Road, Suite 104, R.kigh. NC 27615 • Phone: (919) 846-5900 • Fax: (919) 946-9467 s dec. 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Approximations were mapped I 1 usingtopographic ma s, air photos and round truthin If the site is I 1 1 P P g g• \ going to be disturbed, S&EC's detailed delineation should be approved I I I 1 and permitted by the U.S. Army Corps of Engineers as required. If the I I l N user of this work desires an accurate map of the regulated features j \\ flagged by S&EC, they should retain a NC Registered Professional Land ) ) \\ Surveyor to locate S&EC's flaRRinR. j 0 175 350 700 Feet N Soil & Environmental Consultants, PA 8412 Falls of N.— Road, Suite 104, R.kigh. NC 27615 • Phone: (919) 846-5900 • Fax: (919) 946-9467 s dec. The Addison - SHPO Car, NW4 �"Nty oIN LJJY Ln Mallard Creek i Wiilirow Dowkis • MEU John B R RU 90 Up eivcl 99 o` Hondeick Auto NZ M m a � n sr � r x y� 4 �G+F 6/10/2020, 2:40:46 PM 1:18,056 0 0.13 0.25 0.5 mi Local districts & boundaries Local Landmark, Gone Surveyed Only individual resources & centerpoints Local individual resources & centerpoints Local HD Center Point Surveyed Only 0 0.2 0.4 0.8 km Local Landmark Surveyed in NRHD Sources: Esri, HERE, Garmin, USGS, Intermap, INCREMENT P, NRCan, North Carolina State Historic Preservation Office City of Charlotte, County of Cabarrus, State of North Carolina DOT, Esri, HERE, Garmin, INCREMENT P, NGA USGS Northing: = 592,495, Easting = 1,486,794 Northing: = 592,495, Easting = 1,490,263 Northing: = 589,027, Easting = 1,486,794 Page 1 of 2 Northing: = 589,027, Easting = 1,490,263 This is an official copy of a portion of the above referenced flood map. This map incorporates changes or amendments which may have been made subsequent to the date on the title block. For the latest product information about National Flood Insurance Program flood maps check the FEMA Flood Map Store atwww.msc.fema.gov. Without Base Flood Elevation (BFE) With BFE or Depth Regulatory Floodway 0.2%Annual Chance Flood Hazard Future Conditions 1%Annual Chance Flood Hazard Areas Determined to be Outside the 0.2%Annual Chance Flood Hazard Jurisdiction Boundary FIRM Panel Boundary North Carolina State Plane Projection Feet (Zone 3200) Datum: NAD 1983 (Horizontal), NAVD 1988 (Vertical) l inch =500 feet 16000 19 0 125 250 500 Feet 0 25 50 100 OMeters E NATIONAL FLOOD INSURANCE PROGRAM CC0 FLOOD INSURANCE RATE MAP 'QA O Panel(s):4589,4588,4598,4599 a CONTAINS: U COMMUNITY CID CABARRUS COUNTY 370036 CC CITY OF CONCORD 370037 N Notice to User: The Map Number(s) shown below should be used when placing map orders; the Community Number(s) shown above should be used on insurance O applications for the subject community. O SELECTED PANELS: MAP NUMBER EFFECTIVE DATE 3710458900L 11/16/2018 3710458800K 11/16/2018 a Cc 3710459800L 11/16/2018 z 3710459900K 11/16/2018 5� w � y y �* Fc FEMA: National Flood Insurance Program ° z $ Page 2 of 2 Atq� Pa ne I (s):4589,4588,4598,4599 CONTAINS: COMMUNITY CID CABARRUS COUNTY 370036 CITY OF CONCORD 370037 Notice to User: The Map Number(s) shown below should be used when placing map orders; the Community Number(s) shown above should be used on insurance applications for the subject community. SELECTED PANELS: MAP NUMBER 3710458900L 3710458800K 3710459800L 3710459900K NOTES TO USERS EFFECTIVE DATE 11/16/2018 11/16/2018 11/16/2018 11/16/2018 This is an official FIRMette of a portion of the effective panels listed in the Title Block shown on Page 1. The information represented on this FIRMette was extracted from the effective digital flood hazard data available at http://fris.nc.gov/fris. Base flood elevation data, floodway, nonencroachment widths, information on certain areas no in the Special Flood Hazard Areas protected by flood control structures, and other pertinent data are available in the Flood Insurance Study (FIS) available at http://fris.nc.gov/fris. Users should be aware that flood elevations shown on this FIRMette represent elevations rounded to one tenth of a foot (0.1') and should be utilized in conjunction with data available in the FIS. NOTES TO USERS Base map information and geospatial data used to develop this FIRMette were obtained from various organizations, including the participating local community(ies), state and federal agencies, and/or other sources. The primary base for this FIRM is aerial imagery acquired by the State in 2010. Information and geospatial data supplied by the local community(ies) that met FEMA base map specifications were considered the preferred source for development of the base map. See geospatial metadata for the associated digital FIRMette for additional information about base map preparation. Base map features shown on this FIRMette, such as corporate limits, are based on the most up-to-date data available at the time of publication. Changes in the corporate limits may have occurred since this map was published. Map users should consult the appropriate community official or website to verify current conditions of jurisdictional boundaries and base map features. This map may contain roads that were not considered in the hydraulic analysis of streams where no new hydraulic model was created during the production of this statewide format FIRM. Flood elevations on this map are referenced to either or both the North American Vertical Datum of 1988 (NAVD 88) or National Geodetic Datum of 1929 (NGVD 29), and are labeled accordingly. These flood elevations must be compared to structure and ground elevations referenced to the same vertical datum. To obtain current elevation, description, and/or location information for bench marks shown on this map, or for information regarding conversion between NGVD 29 and NAVD 88, please contact the Information Services Branch of the National Geodetic Survey at (301) 713-3242, or visit its website at hftp://www.ngs.noaa.gov/. MORE INFORMATION Letters of Map Amendment (LOMA) 1-877-336-2627 hgp.//msc.fema.gov/ Letters of Map Revision (LOMR) 919-715-5711 www.ncfloodmaps.com Flood Insurance Availability North Carolina Division of Emergency Management (NCDEM) 919-715-5711 http://www.nccrimecontrol.org/nfip National Flood Insurance Program (NFIP) 1-877-638-6620 hftp://www.fema.gov/business/nfip Questions about this FIRMette 1-877-336-2627 hftp://fema.gov United States Department of the Interior FISH AND WILDLIFE SERVICE Asheville Ecological Services Field Office 160 Zillicoa Street Asheville, NC 28801-1082 Phone: (828) 258-3939 Fax: (828) 258-5330 http://www.fws.gov/nc-es/es/couMfr.html In Reply Refer To: Consultation Code: 04EN1000-2020-SLI-0665 Event Code: 04EN1000-2020-E-01550 Project Name: The Addison Apartments June 10, 2020 Subject: List of threatened and endangered species that may occur in your proposed project location, and/or may be affected by your proposed project To Whom It May Concern: The attached species list identifies threatened, endangered, proposed and candidate species, as well as proposed and final designated critical habitat, that may occur within the boundary of your proposed project and/or may be affected by your proposed project. Although not required by section 7, many agencies request species lists to start the informal consultation process and begin their fulfillment of the requirements under section 7(c) of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). This list, along with other helpful resources, is also available on the U.S. Fish and Wildlife Service (Service) Asheville Field Office's (AFO) website: https://www.fws.gov/raleigh/species/ cntylist/nc counties.html. The AFO website list includes "species of concern" species that could potentially be placed on the federal list of threatened and endangered species in the future. Also available are: Design and Construction Recommendations https://www.fws.gov/asheville/htmis/project review/Recommendations.html Optimal Survey Times for Federally Listed Plants https://www.fws.gov/nc-es/plant/plant survey.html Northern long-eared bat Guidance https://www.fws.gov/asheville/htmis/project review/NLEB in WNC.html Predictive Habitat Model for Aquatic Species https://www.fws.gov/asheville/htmls/Maxent/Maxent.html 06/10/2020 Event Code: 04EN1000-2020-E-01550 New information based on updated surveys, changes in the abundance and distribution of species, changed habitat conditions, or other factors could require modifications of these lists. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act, the accuracy of the species lists should be verified after 90 days. This verification can be completed formally or informally as desired. The Service recommends that verification be completed by visiting the ECOS-IPaC website or the AFO website (the AFO website dates each county list with the day of the most recent update/change) at regular intervals during project planning and implementation for updates to species lists and information. An updated list may be requested through the ECOS-IPaC system by completing the same process used to receive the enclosed list or by going to the AFO website. The purpose of the Act is to provide a means whereby threatened and endangered species and the ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to utilize their authorities to carry out programs for the conservation of threatened and endangered species and to determine whether projects may affect threatened and endangered species and/or designated critical habitat. A Biological Assessment is required for construction projects (or other undertakings having similar physical impacts) that are major Federal actions significantly affecting the quality of the human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2) (c)). For projects other than major construction activities, the Service suggests that a Biological Evaluation similar to a Biological Assessment be prepared to determine whether the project may affect listed or proposed species and/or designated or proposed critical habitat. Recommended contents of a Biological Assessment are described at 50 CFR 402.12 and on our office's website at https://www.fws.gov/asheville/htmis/project review/assessment guidance.html. If a Federal agency (or their non-federal representative) determines, based on the Biological Assessment or Biological Evaluation, that listed species and/or designated critical habitat may be affected by the proposed project, the agency is required to consult with the Service pursuant to 50 CFR 402. In addition, the Service recommends that candidate species, proposed species, and proposed critical habitat be addressed within the consultation. More information on the regulations and procedures for section 7 consultation, including the role of permit or license applicants, can be found in the "Endangered Species Consultation Handbook" at: http:// www.fws.gov/endangered/esa-library/pdf/TOC-GLOS.PDF. Though the bald eagle is no longer protected under the Endangered Species Act, please be aware that bald and golden eagles are protected under the Bald and Golden Eagle Protection Act (16 U.S.C. 668 et seq.), and projects affecting these species may require additional consultation (see https://www.fws.gov/southeast/our-services/permits/eagles/). Wind energy projects should follow the wind energy guidelines (http://www.fws.gov/windenergy/) for minimizing impacts to migratory birds (including bald and golden eagles) and bats. Guidance for minimizing impacts to migratory birds for projects including communications towers (e.g., cellular, digital television, radio, and emergency broadcast) can be found at: http:// www. fws. gov/migratorybirds/CurrentBirdlssues/Hazards/towers/towers.htm; 06/10/2020 Event Code: 04EN1000-2020-E-01550 3 http://www.towerkill.com; and http://www.fws.gov/migratoI3Lbirds/CurrentBirdlssues/Hazards/ towers/comtow.html. We appreciate your concern for threatened and endangered species. The Service encourages Federal agencies to include conservation of threatened and endangered species into their project planning to further the purposes of the Act. Please include the Consultation Tracking Number in the header of this letter with any request for consultation or correspondence about your project that you submit to our office. Attachment(s): • Official Species List • Migratory Birds • Wetlands 06/10/2020 Event Code: 04EN1000-2020-E-01550 Official Species List This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the requirement for Federal agencies to "request of the Secretary of the Interior information whether any species which is listed or proposed to be listed may be present in the area of a proposed action". This species list is provided by: Asheville Ecological Services Field Office 160 Zillicoa Street Asheville, NC 28801-1082 (828) 258-3939 06/10/2020 Event Code: 04EN1000-2020-E-01550 Project Summary Consultation Code: 04EN1000-2020-SLI-0665 Event Code: 04EN1000-2020-E-01550 Project Name: The Addison Apartments Project Type: DEVELOPMENT Project Description: Residential apartment community and offsite sewer. Project Location: Approximate location of the project can be viewed in Google Maps: https: www.google.com/maps/place/35.36101233388973N80.71531324345278W Counties: Cabarrus, NC I Mecklenburg, NC 06/10/2020 Event Code: 04EN1000-2020-E-01550 3 Endangered Species Act Species There is a total of 5 threatened, endangered, or candidate species on this species list. Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species. IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA Fisheriesi, as USFWS does not have the authority to speak on behalf of NOAA and the Department of Commerce. See the "Critical habitats" section below for those critical habitats that lie wholly or partially within your project area under this office's jurisdiction. Please contact the designated FWS office if you have questions. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce. Mammals NAME STATUS Northern Long-eared Bat Myotis septentrionalis Threatened No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/9045 Clams NAME STATUS Carolina Heelsplitter Lasmigona decorata Endangered There is final critical habitat for this species. Your location is outside the critical habitat. Species profile: https:Hecos.fws.gov/ecp/species/3534 06/10/2020 Event Code: 04EN1000-2020-E-01550 4 Flowering Plants NAM L- STATUS Michaux's Sumac Rhus michauxii Endangered No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/5217 Schweinitz's Sunflower Helianthus schweinitzii Endangered No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/3849 Smooth Coneflower Echinacea laevigata Endangered No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/3473 Critical habitats THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECTAREA UNDER THIS OFF ICE'S JURISDICTION. 06/10/2020 Event Code: 04EN1000-2020-E-01550 Migratory Birds Certain birds are protected under the Migratory Bird Treaty Act! and the Bald and Golden Eagle Protection Actz. Any person or organization who plans or conducts activities that may result in impacts to migratory birds, eagles, and their habitats should follow appropriate regulations and consider implementing appropriate conservation measures, as described below. 1. The Migratory Birds Treaty Act of 1918. 2. The Bald and Golden Eagle Protection Act of 1940. 3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a) The birds listed below are birds of particular concern either because they occur on the USFWS Birds of Conservation Concern (BCC) list or warrant special attention in your project location. To learn more about the levels of concern for birds on your list and how this list is generated, see the FAQ below. This is not a list of every bird you may find in this location, nor a guarantee that every bird on this list will be found in your project area. To see exact locations of where birders and the general public have sighted birds in and around your project area, visit the E-bird data mapping tool (Tip: enter your location, desired date range and a species on your list). For projects that occur off the Atlantic Coast, additional maps and models detailing the relative occurrence and abundance of bird species on your list are available. Links to additional information about Atlantic Coast birds, and other important information about your migratory bird list, including how to properly interpret and use your migratory bird report, can be found below. For guidance on when to schedule activities or implement avoidance and minimization measures to reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE SUMMARY at the top of your list to see when these birds are most likely to be present and breeding in your project area. NAME BREEDING SEASON Bald Eagle Haliaeetus leucocephalus Breeds Sep 1 to This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention Jul 31 because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. https:Hecos.fws.gov/ecp/species/1626 Prairie Warbler Dendroica discolor Breeds May 1 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Jul 31 and Alaska. 06/10/2020 Event Code: 04EN1000-2020-E-01550 BREEDING NAME SEASON Prothonotary Warbler Protonotaria citrea Breeds Apr 1 to This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA Jul 31 and Alaska. Red-headed Woodpecker Melanerpes erythrocephalus Breeds May 10 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Sep 10 and Alaska. Rusty Blackbird Euphagus carolinus Breeds This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA elsewhere and Alaska. Wood Thrush Hylocichla mustelina Breeds May 10 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 31 and Alaska. Probability Of Presence Summary The graphs below provide our best understanding of when birds of concern are most likely to be present in your project area. This information can be used to tailor and schedule your project activities to avoid or minimize impacts to birds. Please make sure you read and understand the FAQ "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting to interpret this report. Probability of Presence (■) Each green bar represents the bird's relative probability of presence in the 10km grid cell(s) your project overlaps during a particular week of the year. (A year is represented as 12 4-week months.) A taller bar indicates a higher probability of species presence. The survey effort (see below) can be used to establish a level of confidence in the presence score. One can have higher confidence in the presence score if the corresponding survey effort is also high. How is the probability of presence score calculated? The calculation is done in three steps: 1. The probability of presence for each week is calculated as the number of survey events in the week where the species was detected divided by the total number of survey events for that week. For example, if in week 12 there were 20 survey events and the Spotted Towhee was found in 5 of them, the probability of presence of the Spotted Towhee in week 12 is 0.25. 2. To properly present the pattern of presence across the year, the relative probability of presence is calculated. This is the probability of presence divided by the maximum probability of presence across all weeks. For example, imagine the probability of presence in week 20 for the Spotted Towhee is 0.05, and that the probability of presence at week 12 (0.25) is the maximum of any week of the year. The relative probability of presence on week 12 is 0.25/0.25 = 1; at week 20 it is 0.05/0.25 = 0.2. 06/10/2020 Event Code: 04EN1000-2020-E-01550 3 3. The relative probability of presence calculated in the previous step undergoes a statistical conversion so that all possible values fall between 0 and 10, inclusive. This is the probability of presence score. Breeding Season( ) Yellow bars denote a very liberal estimate of the time -frame inside which the bird breeds across its entire range. If there are no yellow bars shown for a bird, it does not breed in your project area. Survey Effort (1) Vertical black lines superimposed on probability of presence bars indicate the number of surveys performed for that species in the 10km grid cell(s) your project area overlaps. The number of surveys is expressed as a range, for example, 33 to 64 surveys. No Data (—) A week is marked as having no data if there were no survey events for that week. Survey Timeframe Surveys from only the last 10 years are used in order to ensure delivery of currently relevant information. The exception to this is areas off the Atlantic coast, where bird returns are based on all years of available data, since data in these areas is currently much more sparse. ■ probability of presence breeding season I survey effort — no data SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Bald Eagle Jjj� J J J: �IJi Jill Jill Jill Ili ++++ + �� ��jj iiii iiii Non -BCC Vulnerable MEN NEW pr Prairie Warbler ++++ ++++ ++++ ++++ X+ ++++ ++++ -+++ ++++ ++++ BCC Rangewide (COI) Prothonotary I I pill 0 ++•+ ++++ ++++ —+++ ++++ ++++ Warbler ++++ ++++ ++++ , `■■■ BCC Rangewide (COI) Red-headed Woodpecker + logy TTTi lin ivi lin 111111 1+ 1111+ ++ 111111+1 BCC Rangewide (COI) Rusty Blackbird BCC Rangewide (CON) ++ 1+4 i"+ +1++++ ++++ ++ + +— +++ ++++ +1++ —++11 I I I 1111 Wood Thrush ++++ ++++ ++++ ++,+,1�' �"� ���� •Ep R+ ++++ —+++ ++++ ++++ BCC Rangewide (CON) Additional information can be found using the following links: • Birds of Conservation Concern http://www.fws.gov/birds/management/managed-species/ birds-of-conservation-concern.php 06/10/2020 Event Code: 04EN1000-2020-E-01550 4 • Measures for avoiding and minimizing impacts to birds http://www.fws.gov/birds/ management/project-assessment-tools-and-guidance/ conservation-measures.php • Nationwide conservation measures for birds http://www.fws.gov/migrator3Lbirds/pdf/ management/nationwidestandardconservationmeasures. pdf Migratory Birds FAQ Tell me more about conservation measures I can implement to avoid or minimize impacts to migratory birds. Nationwide Conservation Measures describes measures that can help avoid and minimize impacts to all birds at any location year round. Implementation of these measures is particularly important when birds are most likely to occur in the project area. When birds may be breeding in the area, identifying the locations of any active nests and avoiding their destruction is a very helpful impact minimization measure. To see when birds are most likely to occur and be breeding in your project area, view the Probability of Presence Summary. Additional measures and/or permits may be advisable depending on the type of activity you are conducting and the type of infrastructure or bird species present on your project site. What does IPaC use to generate the migratory birds potentially occurring in my specified location? The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern (BCQ and other species that may warrant special attention in your project location. The migratory bird list generated for your project is derived from data provided by the Avian Knowledge Network (AKN). The AKN data is based on a growing collection of survey, banding, and citizen science datasets and is queried and filtered to return a list of those birds reported as occurring in the 10km grid cell(s) which your project intersects, and that have been identified as warranting special attention because they are a BCC species in that area, an eagle (Eagle Act requirements may apply), or a species that has a particular vulnerability to offshore activities or development. Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your project area. It is not representative of all birds that may occur in your project area. To get a list of all birds potentially present in your project area, please visit the AKN Phenology Tool. What does IPaC use to generate the probability of presence graphs for the migratory birds potentially occurring in my specified location? The probability of presence graphs associated with your migratory bird list are based on data provided by the Avian Knowledge Network (AKN). This data is derived from a growing collection of survey, banding, and citizen science datasets . Probability of presence data is continuously being updated as new and better information becomes available. To learn more about how the probability of presence graphs are produced and 06/10/2020 Event Code: 04EN1000-2020-E-01550 how to interpret them, go the Probability of Presence Summary and then click on the "Tell me about these graphs" link. How do I know if a bird is breeding, wintering, migrating or present year-round in my project area? To see what part of a particular bird's range your project area falls within (i.e. breeding, wintering, migrating or year-round), you may refer to the following resources: The Cornell Lab of Ornithology All About Birds Bird Guide, or (if you are unsuccessful in locating the bird of interest there), the Cornell Lab of Ornithology Neotropical Birds guide. If a bird on your migratory bird species list has a breeding season associated with it, if that bird does occur in your project area, there may be nests present at some point within the timeframe specified. If "Breeds elsewhere" is indicated, then the bird likely does not breed in your project area. What are the levels of concern for migratory birds? Migratory birds delivered through IPaC fall into the following distinct categories of concern: 1. "BCC Rangewide" birds are Birds of Conservation Concern (BCC) that are of concern throughout their range anywhere within the USA (including Hawaii, the Pacific Islands, Puerto Rico, and the Virgin Islands); 2. "BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation Regions (BCRs) in the continental USA; and 3. "Non -BCC - Vulnerable" birds are not BCC species in your project area, but appear on your list either because of the Eagle Act requirements (for eagles) or (for non -eagles) potential susceptibilities in offshore areas from certain types of development or activities (e.g. offshore energy development or longline fishing). Although it is important to try to avoid and minimize impacts to all birds, efforts should be made, in particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC species of rangewide concern. For more information on conservation measures you can implement to help avoid and minimize migratory bird impacts and requirements for eagles, please see the FAQs for these topics. Details about birds that are potentially affected by offshore projects For additional details about the relative occurrence and abundance of both individual bird species and groups of bird species within your project area off the Atlantic Coast, please visit the Northeast Ocean Data Portal. The Portal also offers data and information about other taxa besides birds that may be helpful to you in your project review. Alternately, you may download the bird model results files underlying the portal maps through the NOAA NCCOS Integrative Statistical Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic Outer Continental Shelf project webpage. Bird tracking data can also provide additional details about occurrence and habitat use throughout the year, including migration. Models relying on survey data may not include this information. For additional information on marine bird tracking data, see the Diving Bird Study and the nanotag studies or contact Caleb Spiegel or Pam Lorin. 06/10/2020 Event Code: 04EN1000-2020-E-01550 What if I have eagles on my list? If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid violating the Eagle Act should such impacts occur. Proper Interpretation and Use of Your Migratory Bird Report The migratory bird list generated is not a list of all birds in your project area, only a subset of birds of priority concern. To learn more about how your list is generated, and see options for identifying what other birds may be in your project area, please see the FAQ "What does IPaC use to generate the migratory birds potentially occurring in my specified location". Please be aware this report provides the "probability of presence" of birds within the 10 km grid cell(s) that overlap your project; not your exact project footprint. On the graphs provided, please also look carefully at the survey effort (indicated by the black vertical bar) and for the existence of the "no data" indicator (a red horizontal bar). A high survey effort is the key component. If the survey effort is high, then the probability of presence score can be viewed as more dependable. In contrast, a low survey effort bar or no data bar means a lack of data and, therefore, a lack of certainty about presence of the species. This list is not perfect; it is simply a starting point for identifying what birds of concern have the potential to be in your project area, when they might be there, and if they might be breeding (which means nests might be present). The list helps you know what to look for to confirm presence, and helps guide you in knowing when to implement conservation measures to avoid or minimize potential impacts from your project activities, should presence be confirmed. To learn more about conservation measures, visit the FAQ "Tell me about conservation measures I can implement to avoid or minimize impacts to migratory birds" at the bottom of your migratory bird trust resources page. 06/10/2020 Event Code: 04EN1000-2020-E-01550 Wetlands Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under Section 404 of the Clean Water Act, or other State/Federal statutes. For more information please contact the Regulatory Program of the local U.S. Army Corps of Engineers District. Please note that the NWI data being shown may be out of date. We are currently working to update our NWI data set. We recommend you verify these results with a site visit to determine the actual extent of wetlands on site. FRESHWATER POND • PUBHh RIVERINE • R4SBC • RSUBH ■ ■■■ Roy Cooper. Governor 00 0 NC DEPARTMENT OF Susi Hamilton, Secretary ■■L■■ NATURAL AND CULTURAL RESOURCES IN won Walter Clark, Director, Land and Water Stewardship NCNHDE-12190 June 10. 2020 Robert Zarzecki Soil & Environmental Consultants, PA 8412 Falls of Neuse Road, Suite 104 Raleigh, NC 27615 RE. The Addison Apartments, S&EC # 13732 Dear Robert Zarzecki: The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources for the project referenced above. Based on the project area mapped with your request, a query of the NCNHP database indicates that there are no records for rare species, important natural communities, natural areas, and/or conservation/managed areas within the proposed project boundary. Please note that although there may be no documentation of natural heritage elements within the project boundary, it does not imply or confirm their absence, the area may not have been surveyed. The results of this query should not be substituted for field surveys where suitable habitat exists. In the event that rare species are found within the project area, please contact the NCNHP so that we may update our records. The attached `Potential Occurrences' table summarizes rare species and natural communities that have been documented within a one -mile radius of the property boundary. The proximity of these records suggests that these natural heritage elements may potentially be present in the project area if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile radius of the project area, if any, are also included in this report. If a Federally -listed species is found within the project area or is indicated within a one -mile radius of the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for guidance. Contact information for USFWS offices in North Carolina is found here: 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. The NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature Preserve, Registered Heritage Area, Clean Water Management Trust Fund easement, or Federally -listed species are documented near the project area. If you have questions regarding the information provided in this letter or need additional assistance, please contact Rodney A. Butler at rodnev.butlerWncdcr.aov or 919-707-8603. Sincerely, NC Natural Heritage Program DEPARTMENT OF NATURAL AND CULTURAL RESOVRCES 121 W. JONES STREET. RALEIGH. NC 27603 • 16S1 MAIL SERVICE CENTER, RALEIGH. NC 27699 & OFC g19.707.9120 • FAX 919.707.9121 Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One -mile Radius of the Project Area The Addison Apartments Project No. S&EC # 13732 June 10, 2020 NCNHDE-12190 Element Occurrences Documented Within a One -mile Radius of the Project Area Taxonomic EO ID Scientific Name Common Name Element Accuracy Federal State Global State Group Observation Occurrence Status Status Rank Rank Date Rank A Natural 5863 Piedmont Levee Forest--- 1998-10-22 B? 4-Low --- --- G3G4 S3S4 Community (Typic Subtype) Natural 19889 Piedmont/Mountain --- 2010 B? 2-High --- --- G4? S4 Community Semipermanent Impoundment (Piedmont Marsh Subtype) Natural 30607 Piedmont/Mountain --- 2010 B? 3-Medium --- --- G4 S4 Community Semipermanent Impoundment (Shrub Subtype) Vascular Plant 13743 Delphinium exaltatum Tall Larkspur 1800s Hi? 5-Very --- Endangered G3 S2 Low Vascular Plant 28994 Helianthus schweinitzii Schweinitz's Sunflower 2017-09-19 D 2-High Endangered Endangered G3 S3 Vascular Plant 28995 Helianthus schweinitzii Schweinitz's Sunflower 2018-10-31 Dr 2-High Endangered Endangered G3 S3 Vascular Plant 28997 Helianthus schweinitzii Schweinitz's Sunflower 2013-10-16 F 2-High Endangered Endangered G3 S3 Vascular Plant 20476 Helianthus schweinitzii Schweinitz's Sunflower 2017-09-19 D 2-High Endangered Endangered G3 S3 Natural Areas Documented Within a One -mile Radius of the Project Area Site Name Reprilentational Rating AMpollective Rating Rocky River Corridor R5 (General) C5 (General) Mallard Creek Road Sunflower Site R5 (General) C5 (General) Managed Areas Documented Within a One -mile Radius of the Project Area Managed Area Name er Owner Type Cabarrus County Open Space Cabarrus County. multiple local Local Government government Catawba Lands Conservancy Easement Catawba Lands Conservancy Private Mallard Creek Road Sunflower Conservation Site NC Department of Transportation State NC Department of Transportation Mitigation Site NC Department of Transportation State Page 2 of 4 Definitions and an explanation of status designations and codes can be found at httr)s://ncnhde.natureserve.ora/heir). Data query generated on June 10, 2020; source: NCNHP, Q2 Apr 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 3 of 4 NCNHDE-12190: The Addison Apartments pr lop 50.d ^ .'� , I it%tn .,ti tJ�� �•to`r�Av - Fr.°a concord roans roan OI ay Ra crr+1`10 edema n \1-1� "a'N ods PI n mellooa or w 3 �� Ur Stony C,.ek N sas r.Vc .k Gre —y w��� G Brulo n Z Ile ndnrk Auto I'll Mallard creek l , Withrow Downs 739 R Y9 `PP o ".. mtrrra,eaa Win b5 More Mad Rd Ch.Mlb Sbrrey Creek I/ruon Vo Nd Mabre Spe.dw y kmenlary - �ra"r ; , a June 10, 2020 Project Boundary Buffered Project Boundary E] NHP Natural Area (NHNA) 13 Managed Area (MAREA) 1:23,500 0 0.2 0.4 0.8 mi 0 0.3 0.6 12 km Sources: Esri, HERE, Garmin, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri China (Hong Kong), (c) OpenStreetMap contributors, and the GIS User Community Page 4 of 4 United States Department of the Interior FISH AND WILDLIFE SERVICE Asheville Ecological Services Field Office 160 Zillicoa Street Asheville, NC 28801-1082 Phone: (828) 258-3939 Fax: (828) 258-5330 http://www.fws.gov/nc-es/es/couMfr.html IPaC Record Locator: 837-22102646 June 10, 2020 Subject: Consistency letter for the 'The Addison Apartments' project indicating that any take of the northern long-eared bat that may occur as a result of the Action is not prohibited under the ESA Section 4(d) rule adopted for this species at 50 CFR §17.40(o). Dear Robert Zarzecki: The U.S. Fish and Wildlife Service (Service) received on June 10, 2020 your effects determination for the 'The Addison Apartments' (the Action) using the northern long-eared bat (Myotis septentrionalis) key within the Information for Planning and Consultation (IPaC) system. You indicated that no Federal agencies are involved in funding or authorizing this Action. This IPaC key assists users in determining whether a non -Federal action may cause "take"Ell of the northern long-eared bat that is prohibited under the Endangered Species Act of 1973 (ESA) (87 Stat.884, as amended; 16 U.S.C. 1531 et seq.). Based upon your IPaC submission, any take of the northern long-eared bat that may occur as a result of the Action is not prohibited under the ESA Section 4(d) rule adopted for this species at 50 CFR §17.40(o). Unless the Service advises you within 30 days of the date of this letter that your IPaC-assisted determination was incorrect, this letter verifies that the Action is not likely to result in unauthorized take of the northern long-eared bat. Please report to our office any changes to the information about the Action that you entered into IPaC, the results of any bat surveys conducted in the Action area, and any dead, injured, or sick northern long-eared bats that are found during Action implementation. If your Action proceeds as described and no additional information about the Action's effects on species protected under the ESA becomes available, no further coordination with the Service is required with respect to the northern long-eared bat. The IPaC-assisted determination for the northern long-eared bat does not apply to the following ESA -protected species that also may occur in your Action area: • Carolina Heelsplitter, Lasmigona decorata (Endangered) • Michaux's Sumac, Rhus michauxii (Endangered) • Schweinitz's Sunflower, Helianthus schweinitzii (Endangered) 06/10/2020 IPaC Record Locator: 837-22102646 • Smooth Coneflower, Echinacea laevigata (Endangered) You may coordinate with our Office to determine whether the Action may cause prohibited take of the animal species listed above. [1]Take means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct [ESA Section 3(19)]. 06/10/2020 IPaC Record Locator: 837-22102646 3 Action Description You provided to IPaC the following name and description for the subject Action. 1. Name The Addison Apartments 2. Description The following description was provided for the project 'The Addison Apartments': Residential apartment community and offsite sewer. Approximate location of the project can be viewed in Google Maps: https://www.google.com/ maps/place/35.36101233388973N80.71531324345278W Determination Key Result This non -Federal Action may affect the northern long-eared bat; however, any take of this species that may occur incidental to this Action is not prohibited under the final 4(d) rule at 50 CFR § 17.40(o). Determination Key Description: Northern Long-eared Bat 4(d) Rule This key was last updated in IPaC on May 15, 2017. Keys are subject to periodic revision. This key is intended for actions that may affect the threatened northern long-eared bat. The purpose of the key for non -Federal actions is to assist determinations as to whether proposed actions are excepted from take prohibitions under the northern long-eared bat 4(d) rule. 06/10/2020 IPaC Record Locator: 837-22102646 4 If a non -Federal action may cause prohibited take of northern long-eared bats or other ESA -listed animal species, we recommend that you coordinate with the Service. 06/10/2020 IPaC Record Locator: 837-22102646 5 Determination Key Result Based upon your IPaC submission, any take of the northern long-eared bat that may occur as a result of the Action is not prohibited under the ESA Section 4(d) rule adopted for this species at 50 CFR § 17.40(o). Qualification Interview 1. Is the action authorized, funded, or being carried out by a Federal agency? No 2. Will your activity purposefully Take northern long-eared bats? No 3. [Semantic] Is the project action area located wholly outside the White -nose Syndrome Zone? Automatically answered No 4. Have you contacted the appropriate agency to determine if your project is near a known hibernaculum or maternity roost tree? Location information for northern long-eared bat hibernacula is generally kept in state Natural Heritage Inventory databases — the availability of this data varies state -by -state. Many states provide online access to their data, either directly by providing maps or by providing the opportunity to make a data request. In some cases, to protect those resources, access to the information may be limited. A web page with links to state Natural Heritage Inventory databases and other sources of information on the locations of northern long- eared bat roost trees and hibernacula is available at www.fws.gov/midwest/endangered/ mammals/nleb/nhisites.html. Yes Will the action affect a cave or mine where northern long-eared bats are known to hibernate (i.e., hibernaculum) or could it alter the entrance or the environment (physical or other alteration) of a hibernaculum? No 6. Will the action involve Tree Removal? Yes 06/10/2020 IPaC Record Locator: 837-22102646 M. 7. Will the action only remove hazardous trees for the protection of human life or property? No 8. Will the action remove trees within 0.25 miles of a known northern long-eared bat hibernaculum at any time of year? No 9. Will the action remove a known occupied northern long-eared bat maternity roost tree or any trees within 150 feet of a known occupied maternity roost tree from June 1 through July 31? No 06/10/2020 IPaC Record Locator: 837-22102646 Project Questionnaire If the project includes forest conversion, report the appropriate acreages below. Otherwise, type Win questions 1-3. 1. Estimated total acres of forest conversion: 26 2. If known, estimated acres of forest conversion from April 1 to October 31 26 3. If known, estimated acres of forest conversion from June 1 to July 31 0 If the project includes timber harvest, report the appropriate acreages below. Otherwise, type Win questions 4-6. 4. Estimated total acres of timber harvest U 5. If known, estimated acres of timber harvest from April 1 to October 31 0 6. If known, estimated acres of timber harvest from June 1 to July 31 0 If the project includes prescribed fire, report the appropriate acreages below. Otherwise, type Win questions 7-9. 7. Estimated total acres of prescribed fire 0 8. If known, estimated acres of prescribed fire from April 1 to October 31 0 9. If known, estimated acres of prescribed fire from June 1 to July 31 0 If the project includes new wind turbines, report the megawatts of wind capacity below. Otherwise, type Win question 10. 06/10/2020 IPaC Record Locator: 837-22102646 10. What is the estimated wind capacity (in megawatts) of the new turbine(s)? Species Conclusions Table Project Name: The Addison Apartments, Concord, Cabarrus County, NC Date: June 10, 2020 Species / Resource Name Conclusion ESA Section 7 / Notes / Documentation Eagle Act Determination Northern Long-eared Bat Potential suitable habitat May affect, Action not See attached FWS consistency letter Myotis septentrionalis present and no current likely to result in survey conducted. unauthorized take Carolina Heelsplitter No suitable habitat present. No effect Only potential suitable habitat is the large unnamed tributary Lasmigona decorata stream along the western project area. No direct impacts are proposed to this stream. No known occurrences exist within 1 mile of project. Michaux's Sumac Suitable habitat present, no No effect. Preliminary surveys conducted on June 25, 2019 & August 26, Rhus michauxii species present. 2019. No species found. No known species within 1 mile of site. Schweinitz's sunflower Suitable habitat present, no No effect. Preliminary surveys conducted on June 25, 2019 & August 26, Helianthus schweinitzii species present. 2019. No species found. Known occurrences of species and the Mallard Creek Road Sunflower Site exist within 1 mile of site. See attached NHP report updated June 10, 2020. Smooth Coneflower Suitable habitat present, no No effect. Preliminary surveys conducted on June 25, 2019 & August 26, Echinacea laevigata species present. 2019. No species found. No known species within 1 mile of site. Bald Eagle No nests within 1 mile of No effect to nesting Haliaeetus leucocephalus project. bald eagles. Critical Habitat No critical habitat within 1 mile of project. Acknowledgement: I agree that the above information about my proposed project is true. I used all of the provided resources to make an informed decision about impacts in the immediate and surrounding areas. Bob Zarzecki Digitally signed by Bob Zarzecki DN: cn=Bob Zarzecki, o=Soil & Environmental Consultants, PA, ou=Wetlands Department, email=bzarzecki@sandec.com, c=US Date: 2020.06.10 12:42:16-04'00' Signature /Title Date