HomeMy WebLinkAbout20200887 Ver 1_401 Application_20200707DWR
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
20200887
Is a payment required for this project?*
r No payment required
r Fee received
r Fee needed - send electronic notification
Reviewing Office *
Mooresville Regional Office - (704) 663-1699
Information for Initial Review
1a. Name of project:
Project URP
1a. Who is the Primary Contact?*
Daniel Kuefler
1b. Primary Contact Email:*
d a n ie I. kuefle r@wetl ands-epg. co m
Date Submitted
7/7/2020
Nearest Body of Water
Mallard Creek
Basin
Yadkin-PeeDee
Water Classification
C
Site Coordinates
Latitude:
35.3276
A. Processing Information
County (or Counties) where the project is located:
Mecklenburg
Is this a NCDMS Project
r Yes r No
Longitude:
-80.7690
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?*
r $240.00
r $570.00
Select Project Reviewer*
Alan Johnson:eads\adjohnson1
1c. Primary Contact Phone:*
(336)554-2728
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:
Nationwide Permit (NWP) Number:
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
18 - Minor Discharges
14 - Linear transportation
39 - Commercial/Institutional 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:
j— 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
ILF_duplicate.pdf
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?
d Yes r No
B. Applicant Information
1d. Who is applying for the permit?
V 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:
Summit Avenue URP, LLP
2b. Deed book and page no.:
26940-583
2c. Responsible party:
Matthew Browder
2d.Address
Street Address
1440 South Tryon Street, Ste 104
Address Line 2
City
Charlotte
Postal / Zip OJde
29203
2e. Telephone Number:
(646)346-8871
2g. Email Address:*
State / Province / Region
NC
Country
USA
2f. Fax Number:
93.38KB
r^ Yes r No
r Yes r No
daniel.kuefler@wetlands-epg.com
4. Agent/Consultant (if applicable)
4a. Name:
Daniel Kuefler
4b. Business Name:
Wetlands & Environmental Planning Group
4c.Address
Street Address
10612-D Providence Road
Address Line 2
PMB 550
City
State / Province / Region
Charlotte
NC
Postal / Zip Code
Country
28277
USA
4d. Telephone Number:
4e. Fax Number:
(336)554-2728
4f. Email Address:*
heath. caldwell@wetla nds-e pg. com
Agent Authorization Letter*
Agent Auth _Duplicate.pdf 301.06KB
C. Project Information and Prior Project History U
1. Project Information
1b. Subdivision name:
(d appropriate)
1c. Nearest municipality/ town:
Charlotte
2. Project Identification
2a. Property Identification Number:
04713104
2c. Project Address
Street Address
Governor Hunt Rd
Address Line 2
Cly
Charlotte
Postal / Zip Code
28214
3. Surface Waters
3a. Name of the nearest body of water to proposed project:*
Mallard Creek
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.
030401050103
4. Project Description and History
2b. Property size:
80.9
State / Province / Region
NC
Country
USA
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:*
Site is covered with successional mixed pine and hardwood forest, with slopes and drainages flowing into Mallard Creek which forms the southern site
boundary. Commercial properties surround the site and US Highway 85 is less than a mile southeast.
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)
USGS_duplicate.pdf 238.94KB
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)
soils_duplicate.pdf 375.19KB
4f. List the total estimated acreage of all existing wetlands on the property:
0.347
4g. List the total estimated linear feet of all existing streams on the property:
6,761
4h. Explain the purpose of the proposed project:*
Commercial development of a campus. The complex will be constructed in phases comprised of East Campus, West Campus,
University Training center, Daycare facility, and Data Center.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:*
Fill and grading of the site will use standard equipment- excavator, dump truck, track hoe, etc.
4j. Please upload project drawings for the proposed project.
plans_duplicate.pdf 7.56MB
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the propertyor proposed impact areas?*
r Yes r No
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-2020-00946
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Nic Nelson
Agency/Consultant Company: WEPG
Other:
r Unknown
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made bythe Corps or DWR
A PJD Request was submitted and approved (SAW-2020-00946) on 6/10/20. Please see the JD and Approvals section for details.
5d1. Jurisdictional determination upload
Delineation _duplicate.pdf 1.87MB
6. Future Project Plans
6a. Is this a phased project?*
r Yes r No
7b. If yes, explain.
Phase 1- East Campus
Phase 2- West Campus
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?
No.
D. Proposed Impacts Inventory
1. Impacts Summary
la. Where are the impacts associated with your project? (check all that apply):
W Wetlands W Streams -tributaries r Buffers
r Open Waters F Pond Construction
2. Wetland Impacts
2a. Site #* (?) 2a1 Reason (?) 2b. Impact type * (?) 2c. Type of W.* 2d. W. name * 2e. Forested * 2f. Type of 2g. Impact
F�Jurisdicition*(?) area*
2g. Total Temporary Wetland Impact
0.000
2g. Total Wetland Impact
0.010
2h. Comments:
3. Stream Impacts
2g. Total Permanent Wetland Impact
0.010
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
❑
11 (?)
Jurisdiction*
length*
S1
Campus
P
Permanent
Culvert
Stream C
Intermittent
Corps
P
3
152
Average (feet)
(lir�rfeet)
$2
Campus
Temporary
Dewatering
Stream C
Intermittent
Corps
20
Aver�ge(feet)
(lir�rfeet)
S3
Access
Temporary
Workpad/Causeway
Stream C
Intermittent
Corps
Average (feet)
(lir�rfeet)
Crossing
Permanent
Culvert
Stream C
Intermittent
Corps
Average (feet)
(linearfeet)
S5
Crossing
Temporary
Workpad/Causeway J
Stream C
Intermittent
Corps
3
5
Average (feet)
(lir�rfeet)
S6
Grading
g
Permanent
Fill
Stream G
Intermittent
Corps
P
3
76
Average (feet)
(linearfeet)
fl
Access
Temporary
Workpad/Causeway
Stream G
Intermittent
Corps
3
5
Average (feet)
(lir�rfeel)
31. Total jurisdictional ditch impact in square feet:
31. Total permanent stream impacts:
262
31. Total stream and ditch impacts:
297
31. Total temporary stream impacts:
35
3j. Comments:
*Additional Minor Discharges (approAmately 0.002 ac / 4 cubic yards) to Stream C will be required for the
installation of two Cross -Vanes on the daylighted portion between culverts.
E. Impact Justification and Mitigation u
1. Avoidance and Minimization
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
Overall impacts to site surface waters associated with the proposed development were limited through site selection location, design, and
location/orientation of the proposed access routes. Bottomless culverts for road crossings are proposed wherever practicable ti avoid additional
impacts. Appropmately 54 % of the site will remain as undisturbed tree -save. The applicant has demonstrated substantial avoidance and minimization
efforts in which 96% of the 6,761 linear feet of stream and 97 % of the 0.35 acres of wetlands on site have been avoided.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Construction techniques will implement approved erosion control methods to avoid/minimize the onsite/adjacent offsite receiving conveyances.
Crossings have been minimized to the eMent feasible. Cross -vanes will be used to reduce stream velocity immediately downstream of culverts. Utility
crossings will be bored. A spring drain is proposed to maintain hydrology to Stream G and Wetland M where impacts where required to avoid unsafe
headwalls adjacent to the daycare.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State?
r Yes r No
2c. If yes, mitigation is required by (check all that apply):
r DWR W Corps
2d. If yes, which mitigation option(s) will be used for this project?
r Mitigation bank W Payment to in -lieu fee r Permittee Responsible
program Mitigation
4. Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
r Yes r No
4b. Stream mitigation requested:
(linear feet)
262
4d. Buffer mitigation requested (DWR only):
(square feet)
4f. Non -riparian wetland mitigation requested
(acres)
4c. If using stream mitigation, what is the stream temperature:
4e. Riparian wetland mitigation requested:
(acres)
4g. Coastal (tidal) wetland mitigation requested:
(acres)
4h. Comments
1:1 ratio is proposed for Intermittent Stream Impacts
F. Stormwater Management and Diffuse Flow Plan (required by DWR) U
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:
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 N/A - project disturbs < 1 acre
2d. Which of the following stormwater management program(s) apply:
W Local Government r 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 Charlotte
Comments:
Storm water on the site will be handled by facilities shown on the attached plans. The stormwater plan has not yet been submitted to the City of
Charlotte but will be designed to meet their criteria
G. Supplementary Information
1. Environmental Documentation
1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?
r Yes r No
2. Violations (DWR Requirement)
2a. Is the site in violation of DWR Water Quality Certification Rules (15ANCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or
Riparian Buffer Rules (15A NCAC 2B .0200)?*
r Yes r No
3. Cumulative Impacts (DWR Requirement)
3a. Will this project result in additional development, which could impact nearby downstream water quality?*
r Yes r No
3b. If you answered "no," provide a short narrative description.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR forth is project?*
r Yes r Nor WA
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.
Wastewater generated on the site will be transported to the nearest treatment facility via sewer lines.
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 f• 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 anytrees in order to conduct the work in waters of the U.S.?
r Yes r No
5g. Does this project involve bridge maintenance or removal?
r Yes r No
5h. Does this project involve the construction/installation of a wind turbine(s)?'
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?
A threatened/Endangered species assessment was conducted in which no species were identified. Habitat may exist for the Northern Long Eared Bat
but the project is exempt as noted in the included T&E report.
Consultation Documentation Upload
T&E _duplicate.pdf 239.7KB
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?*
No essential fish habitat in this region.
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?*
Report by R.S. Webb is attached. State Historic Preservation Office's (SHPO) database http://gis.ncdnr.gov/hpov.eb/
7c. Historic or Prehistoric Information Upload
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-yearfloodplain?*
r Yes r No
8b. If yes, explain how project meets FEMA requirements:
Impacts allowed by FEMA will be coordinated locally through Mecklenburg County's Floodland Development Permit process.
8c. What source(s) did you use to make the floodplain determination?*
wvwv.fema.gov; FEMA's Community Floodvoy Map #3710457700K and as surveyed and represented on project survey.
Miscellaneous
Comments
A compiled PCN packet is attached, including cover letter, memoranda from the engineers, maps, forms, photos, authorizations, ILF letter and other supporting documentation.
Miscellaneous attachments not previously requested.
Project _URP PCN 070720 _Compiled.pdf
13.4MB
Signature u
® By checking the box and signing below, I certify that:
I have given true, accurate, and complete information on this form;
I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND
I intend to electronically sign and submit the PCN form.
Full Name:
Daniel Kuefler
Signature
ct�lL�lieL�iC�eG
Date
7/7/2020
July 1, 2020
Kevin Vogul
LandDesign
223 North Graham Street
Charlotte, NC 28202 Expiration of Acceptance: January 1, 2021
Project: Project URP County: Mecklenburg
The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to
accept payment for compensatory mitigation for impacts associated with the above referenced project as
indicated in the table below. Please note that this decision does not assure that participation in the DMS in-
lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts.
It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will
be approved. You must also comply with all other state, federal or local government permits, regulations or
authorizations associated with the proposed activity including G.S. § 143-214.11.
This acceptance is valid for six months from the date of this letter and is not transferable. If we have not
received a copy of the issued 404 Permit/401 Certification within this time frame, this acceptance will
expire. It is the applicant’s responsibility to send copies of the permits to DMS. Once DMS receives a copy
of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must
be made prior to conducting the authorized work. The amount of the in-lieu fee to be paid by an applicant is
calculated based upon the Fee Schedule and policies listed on the DMS website.
Based on the information supplied by you in your request to use the DMS, the impacts for which you are
requesting compensatory mitigation credit are summarized in the following table. The amount of mitigation
required and assigned to DMS for this impact is determined by permitting agencies and may exceed the
impact amounts shown below.
River Basin Impact Location
(8-digit HUC)
Impact Type Impact Quantity
Yadkin 03040105 Warm Stream 300
Yadkin 03040105 Riparian Wetland 0.25
Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The
mitigation will be performed in accordance with the In-Lieu Fee Program instrument dated July 28, 2010.
Thank you for your interest in the DMS in-lieu fee mitigation program. If you have any questions or need
additional information, please contact Kelly Williams at (919) 707-8915.
Sincerely,
FOR James. B Stanfill
Asset Management Supervisor
cc: Daniel Kuefler, agent
Leonard S. Rindner,
Agent Authorization Letter
The purpose of this form is to authorize our firm to act on your behalf in matters related to aquatic
resource (i.e. stream/wetlands) identification/mapping and regulatory permitting. The
undersigned, who are either registered property owners or legally authorized to conduct due
diligence activities on the property as identified below, do hereby authorize associates of
Leonard S. Rindner, PLLC, Wetlands and Environmental Planning Group (WEPG) to act on my
behalf and take all actions necessary for the processing, issuance, and acceptance of applicable
permit(s) and/or certification(s).
Project/Site Name: Project URP
Property Address: Governor Hunt Road, Charlotte, NC
Parcel Identification Number (PIN): 04713104
Select one: I am the current property owner
Name: ?*Qoro a IZ
Company: '5kAKlu '-r Nr-;A W- k-10—P i LL.
Mailing Address: k"D 50IUV ' TQ P114 1�rL— • t Sq [i t id
o4n-L� -AL vb?m3
Telephone Number:
Mail Address:
Inte`rrted Buyer* / Other`
r Z% 120
Date
* The Interested Buyer/Other acknowledges that an agreement and/or formal contract to purchase and/or conduct
due diligence activities exists between the current properly owner and the signatory of this authorization in cases
where the property is not owned by the signatory.
Charlotte Office: www.wetiands-epg.com Asheville Office:
10612-D Providence Rd. 1070 Tunnel Rd., Bldg. I
PMB 550 Suite 10. PMB 283
Charlotte, NC 28277 Asheville, NC 28805
(704)904-2277
Ion. rindner@wetlands-epg.com
Reviewed By: DCK 02/23/20 FIGURE 3 Drawn By: BLK Prepared for: LandDesign University Research Park Mecklenburg Co., NC USGS MAP For study purposes only - Subject to USACE/NCDEQ verification PROPERTY BOUNDARY STUDY LIMITS MALLARD CREEK LOCATION Lat: 35.3276 N Long: -80.7690 W HUC: 03040105 ROCKY SCALE 1:24,000 ACRES 80.86 USGS QUAD Derita, NC 1993Summit Ave URP, LLC
Reviewed By: DCK 02/23/20 FIGURE 4 Drawn By: BLK Prepared for: LandDesign University Research Park Mecklenburg Co., NC SOIL SURVEY MANUSCRIPT MAP For study purposes only - Subject to USACE/NCDEQ verification PROPERTY BOUNDARY STUDY LIMITS NRCS Soil Survey ManuscriptMecklenburg County (1980) Summit Ave URP, LLC
Inset: See Figure 17Proposed Fill for Daycare Play Area(NWP 39)76 LF of Permanent Stream Impact (Stream G)5 LF Temporary Stream Impact (Stream G)Inset: See Figure 16Proposed Central Project Courtyard(NWP 39)152 LF of Permanent Stream Impact (Stream C)5 LF Temporary Stream Impact for Headwall Construction (Stream C)20 LF Temporary Stream Impact for Dewatering (Stream C)Inset: See Figure 16Proposed Emergency Services Road Crossing(NWP 14)34 LF of Permanent Stream Impact (Stream C)5 LF Temporary Stream Impact for Headwall Construction (Stream C)0.01 AC Permanent Wetland Impact for RipRap Apron (Wetland D)Inset: See Figure 16Minor Discharges for Cross-VaneInstallation(NWP 18)Impacts not to exceed 0.002 AC /4 Cubic Yards (Stream C)2626,761(Figure 15)
GOVERNOR HUNT ROADNWP18 MINOR IMPACTS (<0.002 ac) FOR(2) CROSS-VANE INSTALLATIONSALONG OPEN STREAM SECTION(TYP.)0.01 AC PERMANENT WETLANDIMPACTS (WETLAND D)CLASS 3 RIP RAP FORREQUIRED ENERGYDISSIPATION152 LF STREAM IMPACTS34 LF STREAM IMPACTS(Figure 16)
5' TEMP. STREAM IMPACTFOR WALL CONSTRUCTIONTO BE RESTORED AS SHOWNON STABILIZATION EXHIBIT76UNDISTURBED(Figure 17)
(Figure 18)
AVAGO TECHNOLOGIES WIRELESS (U.S.A.) MH5 DATA CENTERS - CHALOTTE DEVELOPMENT, LLCLOT 2H5 OB - CHALOTTE, LLCLOT 3ELECTROLUX NORTH AMERICA, INC.ELECTROLUX NORTHAMERICA, INC.SUMMIT AVENUE URP, LLCGOVERNOR HUNT ROADDAVID TAYLOR DRIVE(Figure 19)
(Figure 20)Proposed Emergency Services Road Crossing(NWP 14)34 LF of Permanent Stream Impact (Stream C)5 LF Temporary Stream Impact for Headwall Construction (Stream C)0.01 AC Permanent Wetland Impact for RipRap Apron (Wetland D)Minor Discharges for Cross-Vane Installation (NWP 18) Impacts not to exceed 0.002 AC / 4 Cubic Yards (Stream C)Proposed Central Project Courtyard (NWP 39) 152 LF of Permanent Stream Impact (Stream C) 5 LF Temporary Stream Impact for Headwall Construction (Stream C) 20 LF Temporary Stream Impact for Dewatering (Stream C)
(Figure 21)
(Figure 22)
(Figure 23)
(Figure 24)
FIGURE NO.
University Research Park
Mecklenburg Co., NC
STREAM BANK STABILIZATION DETAIL
TYPICAL DETAIL – N.T.S.
DATE:
7/6/20
Drawn By:
LSR DCK
Reviewed By:
25
Reviewed By: DCK 2/23/20 FIGURE 6 Drawn By: NRN Prepared for: Summit Avenue URP, LLC University Research Park Mecklenburg Co., NC DELINEATION MAP For study purposes only -Subject to USACE/NCDEQ verificationPERENNIAL STREAM A -1,795 lf INTERMITTENTSTREAM B - 48 lf INTERMITTENT STREAM C - 486 lf WETLAND D - 0.29 ac WETLAND E -0.014 ac WETLAND H - 0.03 ac INTERMITTENT STREAM G -81 lf PERENNIAL STREAM F - 1,737 lf INTERMITTENT STREAM I - 139 lf WETLAND II -0.013 ac PROPERTY BOUNDARY STUDY LIMITS 80.86 AC +/- 1 2 3 4 5 6 NCDEQ STREAMFORM A NCDEQ STREAMFORM C USACE UPLAND FORM DP1 USACE WETLANDFORM D MALLARD CREEK -2,475 lf *** USACE Verification 6/10/2020 *** 26
Threatened / Endangered / Protected Species
Evaluation
For:Governor Hunt Road Site
Mecklenburg County, North Carolina
By: Lisa R. Gaffney
July 2, 2020
Governor Hunt Road Site - Threatened / Endangered / Protected Species Evaluation
222
GENERAL LANDSCAPE DESCRIPTION:
The Governor Hunt Road Site (+/- 80.86 acres) is located just south of Governor
Hunt Road and David Taylor Drive, and just north of Mallard Creek in
Mecklenburg County, North Carolina. It can be found on the Derita NC USGS
Topographic Quadrangle Map; latitude is 35.3276 N, longitude is -80.7690 W.
The topography is gently to moderately sloped. The elevation ranges from 600
to 730 ft. (Figure 1). The site is covered with successional mixed pine and
hardwood forest, with slopes and drainages flowing into Mallard Creek which
forms the southern site boundary.
Figure 1:
Governor Hunt Road Site - Threatened / Endangered / Protected Species Evaluation
3333
METHODOLOGY:
The US Fish and Wildlife Service website
https://www.fws.gov/raleigh/species/cntylist/nc_counties.html was referenced to
determine the occurrence of Threatened, Endangered and Protected species for
Mecklenburg County, North Carolina, the results of which are listed below (Table
1). Maps and aerial photographs were assembled, and the site was investigated
during the weeks of March 16 and April 6, 2020; and July 1, 2020.
Table 1: Threatened / Endangered / Protected Species listed for
Mecklenburg County
County: Mecklenburg, NC
*Source: US Fish & Wildlife Service
**Data search on March 16, 2020
Group Name Status Record Status
Invertebrate Carolina Heelsplitter (Lasmigona
decorata)
Endangered Current
Invertebrate Rusty-patched Bumble Bee
(Bombus affinis)
Endangered Historic
Vascular Plants Smooth Coneflower (Echinacea
laevigata)
Endangered Current
Vascular Plants Schweinitz's Sunflower (Helianthus
schweinitzii)
Endangered Current
Vascular Plants Michaux's Sumac (Rhus michauxii)Endangered Current
Vertebrate Northern Long-Eared Bat (Myotis
septentrionalis)
Threatened Probable/Potential
Vertebrate Bald Eagle (Haliaeetus
leucocephalus)
Protected under the Bald
and Golden Eagle
Protection Act
Current
Governor Hunt Road Site - Threatened / Endangered / Protected Species Evaluation
444
SPECIES DESCRIPTIONS:
Three plant species with federal protection are listed as potentially occurring in
Mecklenburg County:
Schweinitz’s Sunflower (Helianthus schweinitzii), listed as Federally Endangered,
is typically found in open habitats which historically have been maintained by
wildfires and grazing bison and elk herds. Now most occurrences are limited to
roadsides, woodland and field edges, and utility rights-of-way (ROW).
Smooth Coneflower (Echinacea laevigata), listed as Federally Endangered, is
typically found in open woods, cedar barrens, roadsides, clear cuts, dry
limestone bluffs and power line rights-of-way, requiring abundant sunlight and
little competition from other plant species.
Michaux’s Sumac (Rhus michauxii), listed as Federally Endangered, requires
habitat of sandy forests and woodland edges. This species requires periodic fire
as a part of its ecology.
Four animal species with federal protection are listed as potentially occurring in
Mecklenburg County:
Bald Eagle (Haliaeetus leucocephalus), protected by the Bald and Golden Eagle
Protection Act, typically inhabits forested areas near large bodies of open water
such as lakes, marshes, seacoasts and rivers, where there are suitable fish
populations and tall trees for nesting and roosting.
Carolina Heelsplitter (Lasmigona decorata), listed as Federally Endangered, is
restricted to cool, clean, well-oxygenated water. Stable, silt- free stream beds
are required for this species. Typically stable areas occur where the stream
banks are well-vegetated with trees and shrubs.
Northern Long-eared Bat (Myotis septentrionalis), listed as Federally Threatened.
During summer, northern long-eared bats roost singly or in colonies underneath
bark, in cavities, or in crevices of both live and dead trees. Males and non-
reproductive females may also roost in cooler places, like caves and mines. It
has also been found, rarely, roosting in structures like barns and sheds. Northern
long-eared bats spend winter hibernating in caves and mines, called hibernacula.
Rusty-patched Bumble Bee (Bombus affinis), listed as Federally Endangered,
live in colonies that include a single queen and female workers. Rusty-patched
Bumble Bees historically occupied grasslands and tallgrass prairies. Bumble
bees need areas that provide nectar and pollen from flowers, nesting sites
(underground and abandoned rodent cavities or clumps of grasses), and
overwintering sites for hibernating queens (undisturbed soil).
Governor Hunt Road Site - Threatened / Endangered / Protected Species Evaluation
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RESULTS:
The site is part of University Research Park, a commercial business park
development. It is covered with successional mixed pine and hardwood forest,
with slopes and drainages flowing into Mallard Creek which forms the southern
site boundary. There are maintained walking trails on site that tie into the
greenway trail along Mallard Creek. The roadsides along Governor Hunt Road
and David Taylor Drive are planted in Fescue turf grass (Festuca sp.) and
cultivated Red Maple trees (Acer rubrum).
The disturbed mixed hardwoods forest on the slopes and drainages has an
average diameter at breast height (dbh) of 12 inches, with some larger trees up
to 30 inches dbh present. The upper slopes approximate a Basic Oak-Hickory
Forest community type, grading into Piedmont/Low Mountain Alluvial
Forest in the bottomlands along the streams. The canopy is composed of
Shortleaf Pine (P.echinata), White Oak (Quercus alba), Post Oak (Q. stellata),
Red Oak (Q. rubra), Southern Red Oak (Q. falcata), Willow Oak (Q. phellos),
Pignut Hickory (Carya glabra), Shagbark Hickory (C. ovata), Sweetgum
(Liquidambar styraciflua), Yellow Poplar (Liriodendron tulipifera), Hackberry
(Celtis laevigata), Black Walnut (Juglans nigra), American Elm (Ulmus
americana), and White Ash (Fraxinus americana). The subcanopy is composed
of Flowering Dogwood (Cornus florida), American Holly (Ilex opaca), Mulberry
(Morus rubra), Winged Elm (Ulmus alata), Hawthorn (Crataegus sp.), Black
Cherry (Prunus serotina), Eastern Red Cedar, and Black Gum (Nyssa sylvatica).
The shrub layer includes Black Haw (Viburnum prunifolium), and Pinxter Azalea
(Rhododendron nudiflorum), Heart’s-a-burtstin (Euonymus americanus),
Sweetshrub (Calycanthus floridus), Blueberry (Vaccinium spp.), Chinese Privet
(Ligustrum sinense), and Russian Olive (Elaeagnus angustifolia). Vines present
are Japanese Honeysuckle, Virginia Creeper (Parthenocissus quinquefolia),
Muscadine (Vitis rotundifolia), Mikania scandens (Climbing Hempvine), Catbrier
(Smilax spp.), and Poison Ivy (Toxicodendron radicans). The herb layer includes
Heartleaf Ginger (Hexastylis arifolia), Christmas Fern (Polystichum
acrostichoides), Ebony Spleenwort (Asplenium platyneuron), Spotted
Wintergreen (Chimaphila maculata), American alumroot (Heuchera americana),
Running Pine (Lycopodium flabelliforme), Downy Rattlesnake Plantain
(Goodyera pubescens), Curlyheads (Clematis ochroleuca), Beardtongue
(Penstemon sp.), Solomon’s Seal (Polygonatum biflorum) and Japanese Stilt
Grass (Microstegium vimineum).
The assemblage of plants growing in the transitional areas around the trail and
woods edges are Sericea Lespedeza (Lespedeza cuneata), Broomsedge
(Andropogon virginicus), Johnson Grass (Sorghum halepense), Splitbeard (A.
ternarius), Beggars Ticks (Desmodium sp.), Thoroughwort (Eupatorium sp.), St.
John’s Wort (Hypericum punctatum), Goldenrod (Solidago spp.), and Henbit
(Lamium amplexicaule).
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Threatened & Endangered/Protected Species Results
All potential habitats for Schweinitz’s Sunflower, Michaux’s Sumac and
Smooth Coneflower along the roadsides, transitional areas and woods
edges were examined and none of these species were present.
No habitat exists on the site for Bald Eagles, and there were no sightings
nor were any nesting sites observed.
There is no habitat on site for the Carolina Heelsplitter. Based on existing
documentation, Carolina Heelsplitter populations have not been previously
identified within this basin. No individuals were observed during the survey
nor would any be expected on-site.
Comparing this site location to the USFWS Asheville office’s website
(http://www.fws.gov/asheville/htmls/project_review/NLEB_in_WNC.html) it
appears that the site meets the “exempt” criteria which requires no further
action under section 7 of the Endangered Species Act for the Northern
Long-eared Bat.
Comparing this site location to the USFWS Range Map for Rusty-patched
Bumble Bee
(https://www.fws.gov/midwest/endangered/insects/rpbb/rpbbmap.html)
Mecklenburg County is in its Historic Range, and as such, Section 7
consultation is not needed. WEPG concludes that Rusty-patched Bumble
Bee is not present.
RECOMMENDATIONS:
Based on the site investigation and the review of available data, WEPG did not
identify any protected species occurring on the subject property. No further
investigation of the presence of protected species on this site is recommended at
this time.
Respectfully submitted,
_________________
Lisa R. Gaffney
Biologist
July 1, 2020
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Curriculum Vitae for:
Lisa R. Gaffney
Biologist / Botanist
B.S. Biology, University of North Carolina at Charlotte
Ms. Gaffney is a classically trained botanist and natural resource biologist and
has conducted field work and investigative studies covering thousands of
cumulative acres in both North and South Carolina since 1996, including:
Cabarrus County NC Natural Heritage Inventory. Organized, directed,
and conducted field survey of natural areas in Cabarrus County for the
North Carolina Natural Heritage Program.
Lincoln County NC Natural Heritage Inventory. Organized, directed, and
conducted field survey of natural areas in Lincoln County for the North
Carolina Natural Heritage Program.
Threatened and Endangered Species Surveys and Natural Communities
Evaluation for over 50,000 acres in North and South Carolina, 1996 -
present.
Located and identified numerous previously unreported populations of
Federally Endangered Schweinitz's Sunflower (Helianthus schweinitzii).
Located and identified numerous previously unreported populations of
Threatened Dwarf Heartleaf (Hexastylis naniflora).
Found Schweinitz's Sunflower at Redlair Farm in Gaston County, NC.
This discovery led (in part) to the purchase of the site by the State of North
Carolina Plant Conservation Program, now called Redlair Preserve. This
population has become a Recovery Site for the species.
Participated in numerous Piedmont Prairie restoration projects in
Mecklenburg, Union, Cabarrus and Gaston Counties, North Carolina.