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HomeMy WebLinkAbout20200887 Ver 1_PCN Compiled_20200707Preliminary ORM Data Entry Fields for New Actions SAW – 201 BEGIN DATE [Received Date]: Prepare file folder Assign Action ID Number in ORM 1.Project Name [PCN Fm A2a]: 2.Work Type: Private Institutional Government Commercial 3.Project Description / Purpose [PCN Form B3d and B3e]: 4.Property Owner / Applicant [PCN Form A3 or A4]: 5.Agent / Consultant [PCN Form A5 – or ORM Consultant ID Number]: 6.Related Action ID Number(s) [PCN Form B5b]: 7.Project Location - Coordinates [PCN Form B1b]: 8.Project Location - Tax Parcel ID [PCN Form B1a]: 9.Project Location – County [PCN Form A2b]: 10.Project Location – Nearest Municipality or Town [PCN Form A2c]: 11.Project Information – Nearest Waterbody [PCN Form B2a]: Authorization: Section 10 Section 404 Section 10 & 404 Regulatory Action Type: Standard Permit Nationwide Permit # Regional General Permit # Jurisdictional Determination Request Pre-Application Request Unauthorized Compliance Revised 20150602 Project URP ✔ PCN request for a Commercial Development Summit Avenue, URP, LLC Leonard S. Rindner, PLLC / WEPG 35.3276, -80.7690, Charlotte, NC 04713104 Mecklenburg Charlotte Mallard Creek 03040105 ✔ ✔39, 14, 18 SAW-2020-00946 1 July 7, 2020 Mr. Bryan Roden-Reynolds U.S. Army Corps of Engineers Asheville Regulatory Field Office 151 Patton Avenue, Asheville, NC 28801-5006 Mr. Alan Johnson NCDEQ Division of Water Resources 610 East Center Street, Suite 301, Moorseville, NC 28115 Mr. Paul Wojoski NCDEQ Division of Water Resources Wetlands & Storm Water Branch 512 North Salisbury Street, Raleigh, NC 27604 Mr. Byron Hamstead U.S. Fish and Wildlife Service Asheville Field Office 160 Zillicoa Street, Asheville, NC 28801 Subject: Pre-Construction Notification for NWP #s 14, 18, 39 for the Project URP site, Charlotte, Mecklenburg County, North Carolina Messrs. Roden-Reynolds, Johnson, Wojoski and Hamstead, Enclosed is a Request for Nationwide Permits 14, 18, and 39 for the Project URP site on +/- 81 acres at the intersection of Governor Hunt Road and David Taylor Drive in Charlotte, NC. The site is a proposed commercial development of a campus and consists of seven streams and four wetlands. A preliminary jurisdictional determination request (SAW-2020-00946) was previously submitted and proved by USACE (D. Shaeffer) on 6/10/2020. Please refer to the Jurisdictional Determination and Approvals sections for information on onsite surface waters. A pre- application meeting with the USACE was held on 3/19/20 in which the overall scope and layout of the project with anticipated impacts were deemed to be reasonable. As shown on the attached exhibits, the proposed project will include impacts to two streams and two wetlands for one road crossing, fill, and grading. 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. The total permanent impacts proposed include 262 linear feet of stream impacts (Intermittent Streams C & G) and 0.01 acres of wetland impacts (Wetland D). It was not possible to avoid impacts further due to the terrain, the 2 centralized location of the streams, and the resulting fill required to achieve buildable grades. For example, grades in the northwest corner of the site would require excessive cuts in the order to achieve the grade relationships needed; those cut depths would create massive amounts of non- rippable rock, requiring site blasting. Please see the attached memorandum for additional specific details regarding the project layout and design with respect to site constraints, safety, security, and connectivity requirements. Efforts of impact minimization were implemented during the design to preserve the existing hydrology and limit adverse effects to existing, onsite natural habitat. Bottomless culverts for road crossings and directional boring for utility crossings are proposed wherever practicable to avoid additional impacts. A spring drain is proposed to maintain hydrology to Stream G and Wetland M, where impacts to Stream G were required to achieve safe grades by avoiding large headwalls adjacent to the daycare facility. Approximately 54% (greater than three times the required amount) of the site will remain as undisturbed tree-save area. The applicant has demonstrated substantial avoidance and minimization efforts in which 96% of the 6,761 linear feet of stream channel and 97% of the 0.35 acres of wetlands onsite will be avoided. To compensate for the anticipated permanent impacts, the applicant is proposing payment into NCDMS at a 1:1 ratio for 262 linear feet of intermittent warm water stream. Enclosed is a copy of our Threatened/Endangered Species Evaluation for the site. No listed species were identified within the project area and we believe that there will be no effect on listed species or their critical habitat as designated under Section 7 of the Endangered Species Act. Please refer to the Threatened and Endangered Species Evaluation Section for additional details on the terrestrial species evaluation. Thank you for your consideration and please contact me if you have any questions, (336) 554-2728 or email at daniel.kuefler@wetlands-epg.com. Sincerely, Daniel Kuefler Len Rindner, PWS Environmental Scientist Principal Centene East Coast HQ PN 1018369 July 1, 2020 Project Summary Introduction The Centene East Coast HQ Project is a high profile, transformational economic development opportunity for the City of Charlotte and the State of North Carolina. The proposed campus is comprised of approximately 80 acres located within Charlotte City limits, and within a research center known as University Research Park. The current zoning of the parcel is split between RE-1 and RE-2 (Research). Proximity to Interstate 85, the University of North Carolina at Charlotte campus, uptown Charlotte and Charlotte Douglass Airport are all considerations which factored into the desired campus location. Access to a network of Greenway Trails and a Research Park also proved to be important considerations as the project site was studied. The Centene East Coast HQ campus is envisioned to become a vibrant, active and sustainable employment center within the URP at University City. The campus will serve 5,700 future employees on site at full build out and reflect the corporate culture of the Centene. Specific attention has been given to the idea of an active and wellness campus environment. Health + Wellness, along with security and privacy are the driving themes for the development strategies for the project as a whole. The architecture and the surrounding landscape & amenities work together to define a theme and aesthetic for the project. Additionally, the organization of the campus focuses on natural elements and amenities to provide an employee experience that serves as a differentiator for this project. The single goal for the relocation project is to provide a state of the art campus which will recruit and retain the best employee base in the region, while creating a truly unique and innovative employee experience. The campus is comprised of an East Campus and West campus, converging in the middle by a connecting amenity space. The project program is as follows: East Campus – approximately 526,000 sf office space + 2,800 parking spaces (structured parking) West Campus – approximately 526,000 sf office space + 2,800 parking spaces (structured parking) University Training Center – 80,000 sf Daycare Facility – 11,000 sf Data Center – 80,000 sf Amenity Courtyard The organization of the buildings is arranged in a manner that boasts views of nature-towards Mallard Creek to the south of the site. Walkability and proximity are also very important in maintaining a strong central core for the Centene and their campus. Security and privacy are critical components of the function and arrangement of the master plan. Significant investment will be made in preserving tree canopy for the site, which adds to the sense of security and reinforces the theme of the project. The central amenity facility serves to connect the East and West Campus with a pedestrian network that has been identified within the thresholds for distances for the project. Featuring a sophisticated yet natural plaza – the central courtyard will be a highly amenitized core for the Campus. Balancing a walkable transition between East Campus and West Campus, gathering spaces will be programmed to allow for outdoor exploration. Mature Trees, hardscape, water, enhanced landscape, and innovative spaces for gathering are all components of the central courtyard. Bridges are located across water elements to enhance the connective perception between the East Campus and West Campus. This is very important – the connection and celebration of the campus elements. Significant grade for the site provides opportunities for terrace walls and enhanced views into nature. Site furnishings and programmed spaces activate the courtyard and give it life with function for the Centene East Coast HQ Campus. The design of this central courtyard is to effectively connect the campus- tying together the integral planning components of the project. The functionality of the central amenity core is an important consideration for the entire campus. It is critical for a number of reasons including: -Connecting element between East Campus and West Campus. But beyond a simple connection, it is connected through programming and spaces required to fulfill requirements for Centene -The shape of the core element facilitates walking distances and proximity requirements for Centene, from a corporate strategy perspective -The impacts to the stream within the core amenity area is based on grade constraints and presenting a functional space for gathering and outdoor workplace utilization. -The focus of the amenity is gathering – which is important. But there is a component of utilization of space between the East and West Campus as a programmed, functional space. Dimensionally, the amenity/plaza needs to perform in a certain manner. This space serves a highly functional role for the operations of Centene. Security and Safety have been a driving theme for this campus since the early stages of concept. The site has been studied to balance the requirements of fire service, infrastructure requirements, code requirements and servicing for the project. There are 4 main access points to the project (2 for the East Campus and 2 for the West Campus). Each side will contain an employee entry and a delegate entry – all of which are gated. The entire project will be gated for security. Fire access will loop around the perimeter of the site to the south and will be lower than the level of the central courtyard – in an effort to hide that function. Additionally, the site contains a Daycare facility to serve the employees needs. The location and functionality of the Daycare facility is intentional as a separated component of the project. Spatially, this facility has specific design criteria which will greatly enhance the function of the HQ Campus. Preservation is at the core a vital component of the execution of this project. Environmental considerations drive the functionality of the plan and how it is executed. There are several critical planning components that combine to define the strategy for development of this site. Tree Preservation is a defining element in establishing the aesthetic for the Campus. In addition to the canopy and shade that will be provided, the soil stability and limited additional impervious for the project are site considerations that contribute to the design. Additionally, the Stormwater Management is viewed as an innovative opportunity to treat water from the site and mitigate the impervious improvements as part of the project. By allowing this function to be a visible and dramatic component of the placemaking program, natural processes are enhanced. The FEMA Floodway to the south (Mallard Creek) will remain undisturbed. The associated FEMA Floodplain and Community Floodplain have limited disturbance to allow for the required development program. Minimizing impact to these environmental features are important to the core of this campus. Understanding that the goal is to minimize impacts, it is important to note that areas that are being avoided on the master plan are not simply leftover/ unused spaces. Geotechnical and environmental constraints layer in to direct the areas which will need to be developed in order to achieve the critical project elements for the project. The central core of the project is critical for the functionality of the campus and allows necessary connectivity within allowable thresholds between the East Campus and West Campus Grades in the Northwest corner of the project create excessive cuts in order to achieve the site grade relationships required for the project The cut depths in the Northwest corner would create massive amounts of non-rippable rock identified which would require site blasting. The project desires to maintain an enhanced buffer off the public road as part of their overall security requirements. These spaces identified as either geotechnical or environmentally sensitive areas will function as a part of the campus for active/ passive recreation, gathering and other uses relative to open spaces for the project. Open spaces will be programmed as functional extensions of the building and working environment. The programming of these spaces will vary due to topography, size, and proximity to the building and/or plaza spaces. Topography has also influenced the strategy of how the entire master plan works. Functionally, balancing walls with buildings and campus core are integral components to the overall strategy for development of the master plan. The Corporate Campus Master Plan has evolved and has incorporated best practices for the workplace, as identified and analyzed by the entire project/ development team. Critical linkages between buildings and parking, including servicing are critical aspects of the plan which rely on proximity and a central concept for design. In summary, there are very specific requirements and criteria that has been defined by the entire design team which shapes the strategy for the development of the master plan for Centene. Creating a state of the art Health & Wellness Campus requires the balancing of many functional components and programming elements for the building and campus to work efficiently. The team has worked through these exercises and challenged design thoughts in order to ensure preservation of environmental features for the Campus. The functionality of the Campus is reliant on proximity and vital linkages – joined together at the core. Permit Application Permit Application Page 1 of 10 PCN Form – Version 1.4 January 2009 Office Use Only: Corps action ID no. _____________ DWQ project no. _______________ Form Version 1.4 January 2009 Pre-Construction Notification (PCN) Form A. Applicant Information 1. Processing 1a. Type(s) of approval sought from the Corps: Section 404 Permit Section 10 Permit 1b. Specify Nationwide Permit (NWP) number: or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? Yes No 1d. Type(s) of approval sought from the DWQ (check all that apply): 401 Water Quality Certification – Regular Non-404 Jurisdictional General Permit 401 Water Quality Certification – Express Riparian Buffer Authorization 1e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: Yes No For the record only for Corps Permit: Yes No 1f. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in-lieu fee program. Yes No 1g. Is the project located in any of NC’s twenty coastal counties. If yes, answer 1h below. Yes No 1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? Yes No 2. Project Information 2a. Name of project: 2b. County: 2c. Nearest municipality / town: 2d. Subdivision name: 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: 3b. Deed Book and Page No. 3c. Responsible Party (for LLC if applicable): 3d. Street address: 3e. City, state, zip: 3f. Telephone no.: 3g. Fax no.: 3h. Email address: Project URP Mecklenburg Charlotte Summit Avenue URP, LL 26940-583 Matthew Browder 1440 South Tryon Street, Suite 104 Charlotte, NC 29203 646-346-8871 matt@browdergroup.com 14, 18, 39 Page 2 of 10 4. Applicant Information (if different from owner) 4a. Applicant is: Agent Other, specify: 4b. Name: 4c. Business name (if applicable): 4d. Street address: 4e. City, state, zip: 4f. Telephone no.: 4g. Fax no.: 4h. Email address: 5. Agent/Consultant Information (if applicable) 5a. Name: 5b. Business name (if applicable): 5c. Street address: 5d. City, state, zip: 5e. Telephone no.: 5f. Fax no.: 5g. Email address: Daniel Kuefler Wetlands & Environmental Planning Group 10612-D Providence Road, PMB 550 Charlotte, NC 28277 336-554-2728 daniel.kuefler@wetlands-epg.com Page 3 of 10 PCN Form – Version 1.4 January 2009 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 1b. Site coordinates (in decimal degrees): Latitude: Longitude: 1c. Property size: acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: 2b. Water Quality Classification of nearest receiving water: 2c. River basin: 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: 3b. List the total estimated acreage of all existing wetlands on the property: 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 3d. Explain the purpose of the proposed project: 3e. Describe the overall project in detail, including the type of equipment to be used: 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project (including all prior phases) in the past? Yes No Unknown Comments: 4b. If the Corps made the jurisdictional determination, what type of determination was made? Preliminary Final 4c. If yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? Yes No Unknown 5b. If yes, explain in detail according to “help file” instructions. 6. Future Project Plans 6a. Is this a phased project? Yes No 6b. If yes, explain. 04713104 -80.769 80.9 Mallard Creek C 03040105 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. 0.347 Fill and grading of the site will use standard equipment- excavator, dump truck, track how, etc. WEPG A PJD Request was submitted and approved (SAW-2020-00946) on 6/10/20. Please see the JD and Approvals section for details. Phase 1-East Campus Phase 2-West Campus 35.3276 6,761 Nic Nelson 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. Page 4 of 10 PCN Form – Version 1.4 January 2009 C. Proposed Impacts Inventory 1. Impacts Summary 1a. Which sections were completed below for your project (check all that apply): Wetlands Streams – tributaries Buffers Open Waters Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. Wetland impact number Permanent (P) or Temporary (T) 2b. Type of impact 2c. Type of wetland 2d. Forested 2e. Type of jurisdiction Corps (404,10) or DWQ (401, other) 2f. Area of impact (acres) W1 W2 W3 W4 W5 W6 2g.Total Wetland Impacts: 2h. Comments: 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. Stream impact number Permanent (P) or Temporary (T) 3b. Type of impact 3c. Stream name 3d. Perennial (PER) or intermittent (INT)? 3e. Type of jurisdiction 3f. Average stream width (feet) 3g. Impact length (linear feet) S1 S2 S3 S4 S5 S6 3h. Total stream and tributary impacts 3i. Comments: Fill Headwater Wetland Yes Corps 0.01 Yes/No - Yes/No - Yes/No - Yes/No - Yes/No - 0.01 Choose one - P - - - - - Choose one Choose one Choose one Choose one Choose one Choose one Choose one Choose one Choose one Choose one - - - - - - Choose one Choose one Choose one Choose one Choose one - - - - - - - - - Stream Impact number Permanent (P) or Temporary (T) Type of Impact Stream Name Perennial (PER) or Intermittent (INT) Type of Jurisdiction Average Stream Width (feet) Impact Length (linear feet) S1 - P Culvert (NWP 39) Stream C INT Corps 3 152 S2 - T Dewatering (NWP 39)Stream C INT Corps 3 20 S3 - T Construction Access (NWP 39)Stream C INT Corps 3 5 S4 - P Culvert (NWP 14) Stream C INT Corps 3 34 S4 - T Construction Access (NWP 14)Stream C INT Corps 3 5 S5 - P Fill (NWP 39) Stream G INT Corps 3 76 S6 - T Access (NWP 39) Stream G INT Corps 3 5 297Total Impacts *Additional Minor Discharges (approximately 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. University Research site - Pre-Construction Notification (PCN) FORM Table C.1. Proposed Stream Impacts Summary Page 5 of 10 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individually list all open water impacts below. 4a. Open water impact number Permanent (P) or Temporary (T) 4b. Name of waterbody (if applicable 4c. Type of impact 4d. Waterbody type 4e. Area of impact (acres) O1 O2 O3 O4 4f. Total open water impacts 4g. Comments: 5. Pond or Lake Construction If pond or lake construction proposed, then complete the chart below. 5c. Wetland Impacts (acres) 5d. Stream Impacts (feet) 5e. Upland (acres) 5a. Pond ID number 5b. Proposed use or purpose of pond Flooded Filled Excavated Flooded Filled Excavated P1 P2 5f.Total: 5g. Comments: 5h. Is a dam high hazard permit required? Yes No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. 6a.Project is in which protected basin? Neuse Tar-Pamlico Catawba Randleman Other: 6b. Buffer Impact number – Permanent (P) or Temporary (T) 6c. Reason for impact 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact (square feet) 6g. Zone 2 impact (square feet) B1 B2 B3 B4 B5 B6 6h.Total Buffer Impacts: 6i. Comments: Choose one Choose Choose one Yes/No - - - - Choose one Choose one Choose one Choose Choose Choose Choose one - - - - - - Yes/No Yes/No Yes/No Yes/No Yes/No ) Page 6 of 10 PCN Form – Version 1.4 January 2009 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? Yes No 2b. If yes, mitigation is required by (check all that apply): DWQ Corps 2c. If yes, which mitigation option will be used for this project? Mitigation bank Payment to in-lieu fee program Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type: Type: Type: Quantity: Quantity: Quantity: 3c. Comments: 4. Complete if Making a Payment to In-lieu Fee Program 4a. Approval letter from in-lieu fee program is attached. Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non-riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Impacts associated with the proposed development were limited through site selection, location, design, and location/orientation of the proposed lots and access routes. As shown on the attached exhibits, building orientation and layout was chosen to reduce impacts on jurisdictional features and preserve natural areas. Bottomless crossings have been proposed wherever practicable to avoid additional impacts. A large portion of the site is being undistrubed/retained as tree save areas. Please refer to the cover letters for additional information. Construction techniques will implement approved erosion control methods to avoid/minimize to onsite/adjacent offsite receiving conveyances. Crossings have been minimized using headwalls and 2:1 slopes to avoid additional impacts Utility crossings will be bored wherever possible. 262 warm 0.01 a 1:1 ratio is proposed for Intermittent Stream Impacts and a 2:1 ratio is proposed for Wetland Impacts. Choose one Choose one Choose one 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 to avoid additional impacts. Approximately 54% (greater than three times the required amount) of the site will remain as undisturbed tree-save area. The applicant has demonstrated substantial avoidance and minimization efforts in which 96% of the 6,761 linear feet of stream channel and 97% of the 0.35 acres of wetlands onsite will be avoided. Construction techniques will implement approved erosion control methods to avoid/minimize the onsite/adjacent offsite receiving conveyances. Crossings have been minimized to the extent 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 were required to avoid unsafe headwalls adjacent to the daycare. Page 7 of 10 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) – required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? Yes No 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f.Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund). 6h. Comments: Page 8 of 10 PCN Form – Version 1.4 January 2009 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? Yes No 1b. If yes, then is a diffuse flow plan included? If no, explain why. Yes No 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? % 2b. Does this project require a Stormwater Management Plan? Yes No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: 2e. Who will be responsible for the review of the Stormwater Management Plan? 3. Certified Local Government Stormwater Review 3a. In which local government’s jurisdiction is this project? 3b. Which of the following locally-implemented stormwater management programs apply (check all that apply): Phase II NSW USMP Water Supply Watershed Other: 3c. Has the approved Stormwater Management Plan with proof of approval been attached? Yes No 4. DWQ Stormwater Program Review 4a. Which of the following state-implemented stormwater management programs apply (check all that apply): Coastal counties HQW ORW Session Law 2006-246 Other: 4b. Has the approved Stormwater Management Plan with proof of approval been attached? Yes No 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? Yes No 5b. Have all of the 401 Unit submittal requirements been met? Yes No 36.7 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 City of Charlotte City of Charlotte Page 9 of 10 PCN Form – Version 1.4 January 2009 F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? Yes No 1b. If you answered “yes” to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State (North Carolina) Environmental Policy Act (NEPA/SEPA)? Yes No 1c. If you answered “yes” to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval letter.) Comments: Yes No 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, or Riparian Buffer Rules (15A NCAC 2B .0200)? Yes No 2b. Is this an after-the-fact permit application? Yes No 2c. If you answered “yes” to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality? Yes No 3b. If you answered “yes” to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered “no,” provide a short narrative description. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. Wastewater generated on the site will be transported to the nearest treatment facility via sewer lines. Page 10 of 10 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or habitat? Yes No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts? Yes No 5c. If yes, indicate the USFWS Field Office you have contacted. 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? Yes No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? Yes No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? Yes No 8b. If yes, explain how project meets FEMA requirements: 8c. What source(s) did you use to make the floodplain determination? Applicant/Agent's Printed Name _______________________________ Applicant/Agent's Signature (Agent's signature is valid only if an authorization letter from the applicant is provided.) Date 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. No essential fish habitat in this region. Report by R.S. Webb is attached. State Historic Preservation Office's (SHPO) database http://gis.ncdnr.gov/hpoweb/ Impacts are allowed by FEMA and are permitted locally through Mecklenburg County's Floodland Development Permit process. www.fema.gov; FEMA's Community Floodway Map #3710457700K and as surveyed and represented on project survey. - Daniel Kuefler 07-07-2020 Daniel Kuefler Digitally signed by Daniel Kuefler DN: cn=Daniel Kuefler, o=WEPG, ou, email=daniel.kuefler@wetlands- epg.com, c=US Date: 2020.07.07 13:48:40 -04'00' 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: ?*00ve IZ Company: '5kAKlu '-r Nr--%4 W- k-10—P i LLC Mailing Address: k"D 50lUV 4} M* 1pt4 1�rL— • t Sq [i t 10 C..4' n-L� -AL vb?m3 Telephone Number: Mail Address: Inie"PeMed Buyer* / Other` SW 120 Date * The Interested Buyer/Other acknowledges that an agreement andlor formal contract to purchase and/or conduct due diligence activities exists between the current property 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 len.rindner@wettands-epg.com 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 Maps/Plans Maps/Plans Reviewed By: DCK 02/23/20 FIGURE 1 Drawn By: BLK Prepared for: LandDesign University Research Park Mecklenburg Co., NC VICINITY MAP For study purposes only - Subject to USACE/NCDEQ verification PROPERTY BOUNDARY STUDY LIMITS SITE Summit Ave URP, LLC Reviewed By: DCK 02/23/20 FIGURE 2 Drawn By: BLK Prepared for: LandDesign University Research Park Mecklenburg Co., NC AERIAL MAP For study purposes only - Subject to USACE/NCDEQ verification PROPERTY BOUNDARY STUDY LIMITS Google Earth Maps Data Imagery 2020 Summit Ave URP, LLC 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 Reviewed By: DCK 02/23/20 FIGURE 5 Drawn By: BLK Prepared for: LandDesign University Research Park Mecklenburg Co., NC TAX PARCEL MAP For study purposes only - Subject to USACE/NCDEQ verification PROPERTY BOUNDARY STUDY LIMITS PARCEL: 04713104 SUMMIT AVENUE URP LLC 1440 SOUTH TRYON ST SUITE 104 CHARLOTTE NC 28203Summit Ave URP, LLC (Figure 6)Figure 7Figure 8Figure 9Figure 10Figure 11Figure 12Figure 13 (Figure 7) (Figure 8) (Figure 9) (Figure 10) (Figure 11) (Figure 12) (Figure 13) (Figure 14) 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 Jurisdictional Determination Jurisdictional Determination Information 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 Reviewed By: DCK 02/23/20 FIGURE 27 Drawn By: BLK Prepared for: Summit Avenue, URP, LLC University Research Park Mecklenburg Co., NC FEMA MAP For study purposes only - Subject to USACE/NCDEQ verification PROPERTY BOUNDARY STUDY LIMITS FEMA FLOODPLAIN AS PER CHARLOTTE MECKLENBURG POLARIS ONLINE GIS Governor Hunt Road Mecklenburg Co., NC – 2/23/20 MALLARD CREEK – PERENNIAL STREAM – PHOTO 1 PERENNIAL STREAM A – PHOTO 2 Governor Hunt Road Mecklenburg Co., NC – 2/23/20 INTERMITTENT STREAM G – PHOTO 3 INTERMITTENT STREAM C – PHOTO 4 Governor Hunt Road Mecklenburg Co., NC – 2/23/20 WETLAND II – PHOTO 5 WETLAND D – PHOTO 6 Threatened & Endangered Species Report Threatened & Endangered Species Report 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 5555 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). Governor Hunt Road Site - Threatened / Endangered / Protected Species Evaluation 6666 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 Governor Hunt Road Site - Threatened / Endangered / Protected Species Evaluation 7777 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. Cultural Resources Report Cultural Resources Report R.S. Webb & Associates Cultural Resource Management Consultants 2800 Holly Springs Parkway, Suite 200 - P.O. Drawer 1319 Holly Springs, Georgia 30142 Phone: 770-345-0706 - Fax: 770-345-0707 April 8, 2020 Mr. Daniel Kuefler Wetlands & Environmental Planning Group 3714 Spokeshave Lane Matthews, North Carolina 28105 Subject: Findings - Cultural Resources Literature Search University Research Park Development Tract Charlotte-Derita, Mecklenburg County, North Carolina R.S. Webb & Associates Project No. 20-649-123 Dear Mr. Kuefler: BACKGROUND During March 2020, R.S. Webb & Associates conducted a desk-top cultural resources literature review for the proposed University Research Park development tract near Derita, Mecklenburg County, North Carolina. The review was conducted to identify previously recorded cultural resources located within or near the project area. A "cultural resource" is defined as a discrete area of human activity that is more than 50 years old. The study tract is located on the north side of Mallard Creek, east of Mallard Creek Road in northeast-central Mecklenburg County, North Carolina. The project area is on the USGS Derita, North Carolina 7.5-minute quadrangle map (Figure 1). METHODOLOGY Literature and Records Search: Through the State Historic Preservation Office’s (SHPO) HPOWeb database, information regarding National Register of Historic Places (NRHP) properties, Mecklenburg County historic structures, and other surveyed, studied, and/or determined-eligible historic resources was reviewed and collected. Historic county maps were viewed online through North Carolina Maps, a collaboration of the University of North Carolina, the State Archives of North Carolina, and the Outer Banks History Center. Historic aerial photography and additional historic maps were accessed through Historicaerials.com, Earthexplorer.usgs.gov, Legacy.lib.utexas.edu/maps/and Alabamamaps. ua.edu. Note: The North Carolina Office of State Archaeology (OSA) was closed to the public and to consultants on March 17, 2020 due to the COVID 19 emergency. Therefore, research regarding the presence or absence of recorded archeological sites in or near the study area was performed through electronic communication with OSA personnel. The following primary sources were found to be useful in searching for historic resources within and adjacent to the project area: • 1910 USDA Soil Map of Mecklenburg County • 1911 County Commissioner’s Map of Mecklenburg County Findings - Cultural Resources Literature Search, University Research Park Development Tract Page 2 April 8, 2020 • 1912 Rural Delivery Map of Mecklenburg County • 1930, 1936, 1938, 1953, 1968, 1972, and 1980 State Highway and Public Works Commission Map of Mecklenburg County • 1983 and 1986 Charlotte-Mecklenburg Metropolitan Planning Organization- Thoroughfare Plan Maps of Mecklenburg County • 1948 USGS Derita, North Carolina 7.5 Quadrangle Map • 1956 and 1968 aerial photographs of Mecklenburg County • Google Earth Aerial imagery, 1993-Present RESULTS Previous Cultural Resources Investigations: According to maps provided by the OSA, there have been at least seven previously planned and/or preformed cultural resources investigation projects conducted within 1.0 mile of the current project tract. Two of these projects, ER18-0707 and ER 19-0835, were planned and/or performed within 1,000 feet of the current project area but do not overlap with it (Figure 1). National Register of Historic Places: There are no NRHP-listed historic properties located within 1.0 mile of the project area. State Study List Properties and Properties Determined -Eligible for the NRHP: No State Study List sites or Determined-Eligible properties are located within 1.0 mile of the study tract. Mecklenburg County Historic Resources: The HPOWeb on-line database indicates that there are four surveyed-only historic resources located within 1.0 mile of the project tract. These resources were identified either by survey (1990) or by other types cultural resources identification projects (e.g., road or bridge improvement studies), but they have not been assessed for historic integrity or NRHP- eligibility. The closest of these properties, Resource MK-3260 (aka Bridge No. 83), is located approximately 780 feet west of the project area (Figure 1). Google Earth imagery indicates that the associated roadway (Mallard Creek Road) was widened, and that the historic bridge was either replaced, heavily modified and/or it was encapsulated within a replacement structure between January 1993 and March 1998. OSA-Recognized Archeological Sites: According to OSA personnel, there are 10 recorded archeological sites located within 1.0 mile of the project tract. The closest site, 31MK11, is a prehistoric lithic scatter located approximately 600 feet west of the project area; the site has not been assessed for NRHP-eligibility (Figure 1). Historic Cemeteries: Historic maps and aerial photographs show no cemeteries located within or adjacent to the project area. Revolutionary War Actions/Features: After capturing Savannah, Georgia (December 1778) and Charleston, South Carolina (May 1780), Sir Henry Clinton returned to New York and left Charles (Lord Cornwallis) and just more than 8,000 troops to conquer North Carolina. Following victory at Camden, South Carolina, the British aimed to occupy Charlotte and to restore the Royal government there. However, resistence to Cornwallis’ movement was substantial, and it took his army 17 days to march the 70 miles from Camden to Charlotte. Upon Cornwallis’ arrival at Findings - Cultural Resources Literature Search, University Research Park Development Tract Page 3 April 8, 2020 Charlotte on October 3, 1780, the rebels constantly harassed his foraging parties, captured his scouts, and captured or killed his messengers. As a result, it took nearly a week for Cornwallis to learn of the defeat of his left wing at King’s Mountain. Following a series of small skirmishes around Charlotte (though none were located near the project area), Corwallis abandoned this first attempt to subdue North Carolina, calling the vicinity a “hornet’s nest” of rebellion. Cornwallis retreated south to Winnsborough, South Carolina and made a second attempt at North Carolina the following campaign season (1781); this time he bypassed the Charlotte/Mecklenburg County area to the west and north (Powell 1989, Lewis 2011). Civil War Actions/Features: Review of the Official Military Atlas of the Civil War (Davis et al. 1983) revealed that no significant Civil War military activity occurred in present Mecklenburg County, North Carolina. Union General William T. Sherman, following the capture of Columbia, South Carolina on February 17, 1865, moved north to the vicinity of Lancaster County, South Carolina, but his army then turned northeast and moved toward Laurel Hill and Fayetteville, North Carolina, thus bypassing the project region to the south and east (Davis et al. 1983). Structures on Historic Maps and Aerial Photographs: Maps of Mecklenburg County produced during the period 1910-1912 show Mallard Creek Church Road well to the north and the meandering (since straightened) course of Mallard Creek Road just west of the project tract. Secondary roads, with structures along their courses, passed northeast and southwest of the project area (Figure 1). State highway or Road Commission maps produced during the period 1930-1938 indicate evolution in the course of Mallard Creek Road with the current route assumed by the latter date. None of these maps, however, show additional roads or structures located in or near the study tract. The 1948 Derita quadrangle map shows (Figure 1): Island Park Circle, a historic segment of Mallard Creek Road located 250 feet east of the study area; Alexander Road, a remnant of a historic through road located 600 feet north of the of the study area; and what may have been Lagrange Road, a remnant of an historic though road located 2,000 feet east of the study area. Structures were depicted along the east of project side of former route and at the terminal ends of the latter two roads. Highway maps produced during the period 1953-1980 also show roads approaching the study area from the north, west, and east, but the maps depict no structures. The 1988 Charlotte-Mecklenburg Thoroughfare Plan map shows the Governor Hunt Road/David Taylor Drive courses that form the north study area boundary (these routes did not appear on a 1983 verison of the same map). The 2019 Derita, North Carolina quadrangle map shows the Mallard Creek Greenway passing along the south study area boundary (Figure 1) ; this feature also appears on aerial photographs from 1993. Aerial photographs taken in 1956 show the altered course of Mallard Creek Road and the remaining arched section of roadway (now Island Park Circle) located west of the project area with structures along its course. The project tract was almost entirely wooded in 1956, with the more heavily vegetated areas located in the northeast and west parts of the tract. Land still in cultivation, centered on a house located at the south end of Alexander Road, extended to near the north project area boundary; cultivated land was located near the creek in and near the east part of the study tract. No structures or other features appeared in or near the project area in 1956. Aerial photographs from 1968 show no change other than the further maturation of above-described wooded areas. Findings - Cultural Resources Literature Search, University Research Park Development Tract Page 4 April 8, 2020 CONCLUSIONS There are no NRHP-listed properties, known archeological sites or recorded historic resources located within or near the project tract. A historic bridge site and an unassessed archeological site lie 600 feet and more west of the study area. Historic maps and aerial photographs indicate no human occupation and some agricultural use of the study area during the 20 century. th CLOSING COMMENTS Mr. Rindner, we appreciate the opportunity to work with you on this project. If you have any questions or comments, please contact me at 770-345-0706. Sincerely, R.S. WEBB & ASSOCIATES Neil J. Bowen Robert S. (Steve) Webb Historian President and Senior Principal Archeologist Attachments: Figure 1 REFERENCES Davis, G.B., L.J. Perry and J.W. Kirkley, compiled by C.D. Cowles 1983 Atlas to Accompany the Official Records of the Union and Confederate Armies. Reprint of the 1891-1895 edition. The Fairfax Press, New York. Lewis, J.D. 2013 “The Known Battles & Skirmishes in South Carolina.” The American Revolution in South Carolina. Internet-Online. Found at: http://www.carolana.com/SC/ Revolution/. Accessed November 17, 2019. Powell, W.S. 1989 North Carolina Through Four Centuries. University of North Carolina Press, Chapel Hill and London. r ER 19 %*(Bridg%No.•l ' r r� 1 r - ER Alexan ••' ❑ ❑ Project ,13 - -ti `ter i 1 3 � Island Cieek Circle Mallard Creek Greenway ! • ❑ Structure on Historic Maps O Recorded Archeological Site N.N ��•Lagrange �. Road/Carnegie Boulevard o� Previous Cultural Resource Project Road on Historic Maps Map Reference: 7.5-Minute USGS Quadrangle Scale Derita (2019), NC 0 305 meters 0 1000 feet Figure 1 Project Area and Cultural Resources Location Map Approvals Approvals / Authorizations U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2020-00946 County: Mecklenburg U.S.G.S. Quad: NC- Derita NOTIFICATION OF JURISDICTIONAL DETERMINATION Requestor: Summit Avenue URP, LLC Matthew Browder Address: 1440 South Tryon Street, Suite 104 Charlotte, NC 29203 Telephone Number: 646-346-8871 E-mail: mattna,browdereroun.com Size (acres) 80.9 Nearest Town Charlotte Nearest Waterway Mallard Creek River Basin Upper Pee Dee USGS HUC 03040105 Coordinates Latitude: 35.3276 Longitude:-80.7690 Location description: The review area is located on the south side of Governor Hunt Road, 0.16 miles east of the intersection of Mallard Creek Road and Governor Hunt Road. PIN. 0471310. Indicate Which of the Following Apply: A. Preliminary Determination ® There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The waters, including wetlands have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. The approximate boundaries of these waters are shown on the enclosed delineation map dated 2/23/2020. Therefore, this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. ❑ There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the waters, including wetlands have not been properly delineated, this preliminary jurisdiction determination may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an effective presumption of CWA/RHA jurisdiction over all of the waters, including wetlands at the project area, which is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters, including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. B. Approved Determination ❑ There are Navigable Waters of the United States within the above described project area/property subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ There are waters, including wetlandson the above described project area/property subject to the permit requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ We recommend you have the waters, including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. ❑ The waters, including wetlands on your project area/property have been delineated and the delineation has been verified by the Corps. The approximate boundaries of these waters are shown on the enclosed delineation map dated DATE. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once SAW-2020-00946 verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. ❑ The waters, including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below onDATE. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ There are no waters of the U.S., to include wetlands, present on the above described project area/property which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in Morehead City, NC, at (252) 808-2808 to determine their requirements. Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or placement of structures, or work within navigable waters of the United States without a Department of the Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions regarding this determination and/or the Corps regulatory program, please contact David L. Shaeffer at 704-510-1437 or david.l.shaefferC& usace. army. m il. C. Basis For Determination: Basis For Determination: See the preliminary jurisdictional determination form dated 06/10/2020. D. Remarks: None. E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Phillip Shannin, Review Officer 60 Forsyth Street SW, Room 10M15 Atlanta, Georgia 30303-8801 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by Not applicable. **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.** Digitally signed by S H AEF F E R.DAVI D.LEIG H.1260750573 Coles Regulatory Official: Dace: 2020.06.1012:24:05-04'00' Date of JD: 06/10/2020 Expiration Date of JD: Not applicable SAW-2020-00946 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: Wetlands and Environmental Planning Group Daniel Kuefler Address: 10612-D Providence Road Charlotte, NC 28277 Telephone Number: 336-554-2728 E-mail: daniel.kueflerna,wetlands-epg.com NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: Summit Avenue URP, LLC, Matthew File Number: SAW-2020-00946 Date: 06/10/2020 Browder Attached is: See Section below ❑ INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A ❑ PROFFERED PERMIT (Standard Permit or Letter of permission) B ❑ PERMIT DENIAL C ❑ APPROVED JURISDICTIONAL DETERMINATION D ❑X PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at or http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits.aspx or the Corps regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT M F REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision and/or the If you only have questions regarding the appeal process you may appeal process you may contact: also contact: District Engineer, Wilmington Regulatory Division Mr. Phillip Shannin, Administrative Appeal Review Officer Attn: David L. Shaeffer CESAD-PDO Charlotte Regulatory Office U.S. Army Corps of Engineers, South Atlantic Division U.S Army Corps of Engineers 60 Forsyth Street, Room 1OM15 8430 University Executive Park Drive, Suite 615 Atlanta, Georgia 30303-8801 Charlotte, North Carolina 28262 Phone: (404) 562-5137 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site investigations. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: David L. Shaeffer, 69 Darlington Avenue, Wilmington, North Carolina 28403 For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Phillip Shannin, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: 06/10/2020 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Summit Avenue URP, LLC, Matthew Browder, 1440 South Tryon Street, Suite 104, Charlotte, NC 29203 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Project URP, SAW-2020- 00946 D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The review area is located on the south side of Governor Hunt Road, 0.16 miles east of the intersection of Mallard Creek Road and Governor Hunt Road. PIN. 0471310. (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: NC County: Mecklenburg City: Charlotte Center coordinates of site (lat/long in degree decimal format): Latitude: 35.3276 Longitude:-80.7690 Universal Transverse Mercator: Name of nearest waterbody: Mallard Creek E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ® Office (Desk) Determination. Date: 6/10/2020 by the Corps El Field Determination. Date(s): TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAYBE" SUBJECT TO REGULATORY JURISDICTION Site Number Latitude (decimal degrees) Longitude (decimal degrees) Estimated amount of aquatic resources in review area (acreage and linear feet, if applicable Type of aquatic resources (i.e., wetland vs. non -wetland waters) Geographic authority to which the aquatic resource "may be" subject (i.e., Section 404 or Section 10/404) Stream A 35.3286 -80.7704 1500 feet Non -Wetland 404 Stream B 35.3264 -80.7697 75 feet Non -Wetland 404 Stream C 35.3272 -80.7658 700 feet Non -Wetland 404 Wetland D 35.3266 -80.7655 0.2 acre Wetland 404 Wetland E 35.3254 -80.7621 0.01 acre Wetland 404 Stream F 35.3283 -80.7627 1600 feet Non -Wetland 404 Stream G 35.3262 -80.7611 200 feet Non -Wetland 404 Wetland H 35.3261 -80.7613 0.05 acre Wetland 404 Stream 1 35.3284 -80.7623 150 feet Non -Wetland 404 Wetland 11 35.3281 -80.7623 0.01 acre Wetland 404 Mallard Creek 35.3236 -80.7609 2475 feet Non -Wetland 404 1. The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an approved JD (AJD) for that review area based on an informed decision after having discussed the various types of JDs and their characteristics and circumstances when they may be appropriate. 2. In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre- construction notification" (PCN), or requests verification for a non -reporting NWP or other general permit, and the permit applicant has not requested an AJD for the activity, the permit applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit authorization based on a PJD, which does not make an official determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an AJD could possibly result in less compensatory mitigation being required or different special conditions; (3) the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) undertaking any activity in reliance upon the subject permit authorization without requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AJD or a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it becomes appropriate to make an official determination whether geographic jurisdiction exists over aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic resources in the review area, the Corps will provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that there "may be"waters of the U.S. and/or that there "may be" navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the review area that could be affected by the proposed activity, based on the following information: SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items are included in the administrative record and are appropriately cited: ❑X Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Map: Figure 6 dated 02/23/2020 ®Data sheets prepared/submitted by or on behalf of the PJD requestor. Datasheets: Wetland D and Upland DPI dated 02/23/2020 ❑ Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. Rationale: El Data sheets prepared by the Corps: ❑Corps navigable waters' study: El U.S. Geological Survey Hydrologic Atlas: ❑USGS NHD data: ❑ USGS 8 and 12 digit HUC maps: ©U.S. Geological Survey map(s). Cite scale & quad name: Figure 3 dated 02/23/2020 ❑Natural Resources Conservation Service Soil Survey. Citation: Figure 4 dated 02/23/2020 ❑National wetlands inventory map(s). Cite name: ❑ State/local wetland inventory map(s): ❑ FEMA/FIRM maps: ❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929) ® Photographs: © Aerial (Name & Date): Figure 2 dated 02/23/2020 or ® Other (Name & Date): Site Photos 1-6 dated 02/23/2020 ❑ Previous determination(s). File no. and date of response letter: ❑XOtherinformation (please specify): Parcel Map - Figure 5 dated 02/23/2020, Vicinity Map - Figure 1 dated 02/23/2020, NCDENR Stream Evaluations (Stream A&Q dated 02/23/2020 IMPORTANT NOTE: The information recorded on this form has not necessarilv been verified by the G and should not be relied upon for later iurisdictional determinations. Digitally signed by SHAEFFER.DAVID.LEIGH.12 60750573 Date: 2020.06.10 12:24:35 -04'00' Signature and date of Regulatory Signature and date of person requesting PJD staff member completing PJD (REQUIRED, unless obtaining the signature is 06/10/2020 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.