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HomeMy WebLinkAbout20200948 Ver 1_401 Application_20200722DWR 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 20200948 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: 155 Baucom 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 7/22/2020 Nearest Body of Water Gum Branch Basin Yadkin-PeeDee Water Classification WS-IV Site Coordinates Latitude: 35.3057 A. Processing Information County (or Counties) where the project is located: Mecklenburg Is this a NCDMS Project r Yes r No Longitude: -80.9302 Is this project a public transportation project?* r Yes r No 1a. Type(s) of approval sought from the Corps: W Section 404 Permit (wetlands, streams and waters, Clean Water Act) r Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) Version#* 1 What amout is owed?* IT $240.00 r $570.00 Select Project Reviewer* Alan Johnson:eads\adjohnson1 1c. Primary Contact Phone:* (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: NWP Numbers (for multiple NWPS): 1d. Type(s) of approval sought from the DWR: W 401 Water Quality Certification - Regular r Non-404 Jurisdictional General Permit r Individual Permit 29 - Residential Developments le. Is this notification solely for the record because written approval is not required? For the record only for DWR 401 Certification: For the record only for Corps Permit: F- 401 Water Quality Certification - E)press r Riparian Buffer Authorization 1f. Is this an after -the -fact permit application?* r Yes r No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? r Yes r No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? r Yes r No Acceptance Letter Attachment 1h. Is the project located in any of NC's twenty coastal counties? r Yes r No 1j. Is the project located in a designated trout watershed? r Yes r No B. Applicant Information 1d. Who is applying for the permit? R 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: LH Fund3, LLC 2b. Deed book and page no.: 2c. Responsible party: Jon Grabowski 2d.Address Street Address 809 W Hill St., Ste C Address Line 2 city Charlotte Postal / Zip Code 28208 2e. Telephone Number: (313)600-7248 2g. Email Address:* daniel. kuefler@wetlands-epg. com State / Rovince / l-gion NC Country USA 2f. Fax Number: r Yes r No r Yes r No 4. Agent/Consultant (if applicable) 4a. Name: Daniel Kuefler 4b. Business Name: Wetlands & Evironmental Planning Group 4c.Address Street Address 10612-D Providence Road, PMB 550 Address Line 2 City Charlotte Postal / Zip Code 28227 4d. Telephone Number: (336)554-2728 4f. Email Address:* h eath. ca Id we I I @wetlands-e pg. com Agent Authorization Letter* Agent Auth _duplicate.pdf State / Province / F bgion NC Country USA 4e. Fax Number: 161.33KB C. Project Information and Prior Project History C^U 1. Project Information 1b. Subdivision name: (if appropriate) 1c. Nearest municipality/ town Charlotte 2 Pro Project Identification 2a. Property Identification Number: 2b. Property size: 03517438 7.45 ac 2c. Project Address Street Address west of the intersection of Baucom Street and Old Plank Road Address tine 2 city State / Province / Region Charlotte NC Postal / Zip Code Country 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* Gum Branch 3b. Water Resources Classification of nearest receiving water:* WS-IV 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 030501011403 4. Project Description and History 4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application:* The site is partially wooded and the topography is gently sloping, with the elevation ranging from 690 to 710 ft. The site is in a suburban setting and is surrounded by residential homes sites. 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 150.26KB 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 261.51 KB 4f. List the total estimated acreage of all existing wetlands on the property: 0.279 4g. List the total estimated linear feet of all existing streams on the property: 0 4h. Explain the purpose of the proposed project:* The project consists of grading & fill for a residential development. 41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* Excavation and grading of the site will use standard equipment - excavator, dump trucks, track hoe, etc. 4j. Please upload project drawings for the proposed project. Plans_duplicate.pdf 832.42KB 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the propertyor proposed impact areas?* r Yes r No C Unknown Comments: 5b. If the Corps made a jurisdictional determination, what type of determination was made?* r Preliminary r Approved r Not Verified r Unknown r N/A Corps AID Number: SAW-2019-01344 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Nic Nelson Agency/Consultant Company: WEPG Other: 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR The site was field -verified by David Shaeffer (USACE) on 11/8/19; a copy of the Preliminary Jurisdictional Determination is attached (SAW-2019-01344). 5d1. Jurisdictional determination upload delineation _duplicate.pdf 148.84KB 6. Future Project Plans 6a. Is this a phased project?* r Yes r No Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity? No. D. Proposed Impacts Inventory 1. Impacts Summary 1a. Where are the impacts associated with your project? (check all that apply): W Wetlands r Streams -tributaries r Buffers r Open Waters r Pond Construction 2. Wetland Impacts a. Site #* (?) 2af Reason M 2b. Impact type * M 2c. Type of W.* 2d. W. name * 2e. Forested* 2f. Type of 2g. Impact Jurisdicition*(?) area* _11 ✓1 Fill ��P ff mland Hardwood Forest Wetland B Yes Corps 0.012 (acres) 2g. Total Temporary Wetland Impact 0.000 2g. Total Wetland Impact 0.012 2h. Comments: 2g. Total Permanent Wetland Impact 0.012 E. Impact Justification and Mitigation U 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: Due to the location of the on site streams and wetland, opportunities to avoid these areas were limited. Impacts to site surface waters associated with the proposed development were limited through site selection, location, design, & location/orientation of the proposed lots and access routes. 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 impacts to onsite/adjacent offsite receiving conveyances. 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 2b. If this project DOES NOT require Compensatory Mitigation, explain why: F. Stormwater Management and Diffuse Flow Plan (required by DWR) 1. Diffuse Flow Plan 1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? r Yes r No If no, explain why: 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 15ANCAC 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 WA - 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 f Water Supply Please identify which local government Stormwater program you are using. City of Charlotte Comments: Storm water on the site wwill be handled by facilities shown on the attached plans. The storrmater plan has not yet been submitted to the City of Charlotte but wwill 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 (15A NCAC 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 N/A 4b. Describe, in detail, the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated at a treatment plant, list the capacity available at that plant. 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 r No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* r Yes r No 5d. Is another Federal agency involved?* r Yes r No r Unknown 5e. Is this a DOT project located within Division's 1-8? r Yes r No 5f. Will you cut any trees in order to conduct the work in waters of the U.S.? r Yes r No 5g. Does this project involve bridge maintenance or removal? r Yes r No Sh. Does this project involve the construction/installation of a wind turbine(s)?* r Yes r No Si. 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 does 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_duplictae.pdf 258.58KB 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?* SHPO's website: http://gis.ncder.gov/hpoweb/ 7c. Historic or Prehistoric Information Upload 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain?* r Yes r No 8c. What source(s) did you use to make the floodplain determination?* Polaris3G; www.ferm.gov Miscellaneous• Comments A compiled PCN packet is attached, including cover letter, forms, photos, and supplementary information. Miscellaneous attachments not previously requested. 155 Baucom PCN 072020 _compiled.pdf 4.96MB Signature ® 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 Date 7/22/2020 u Wetlands and Environmental Planning Group Agent Authorization Letter Leonard S. Rindner, PLLC. 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: 155 Baucom Street site Property Address: SW of intersection of Baucom Street & Old Plank Road, Charlotte, NC Parcel Identification Number (PIN): 03517438 Select one: I am other Name: Jon Grabowski Company: LH Fund 3, LLC Mailing Address: 809 W Hill St Suite C Charlotte NC 28208 Telepbone Number: 313-600-7248 Electronic Mail Property Drone on+@a RedCeda I Other* cam 77/69 * The Interested BuyerlOther acknowledges that an agreement andlor, formal contract to purchase anchor 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.wetlands-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 @wetlands-epg.com i► 1 • ti sIF . Joe tif• APPROXIMATE v PROJECT BOUNDARY rr, `STUDY LIMITS ` . ■ + ` �1 Ch �., • a i r k, • . A y t � � _�� r- • � ri R J lot a ■ ■ �_ ■ GUM BRANCH 669 LOCATION + Lat: 35.3057 N SCALE • Long:-80.9302 W 1:24,000 HUC: 03050101 ACRES USGS QUAD r UPPER CATAWBA L 7.45 FMountain Island Lake ,t Acres: 155 BAUCOM ST Prepared for: + - 7.45 Red Cedar � Mecklenburg Co., NC FIGURE 3 USGS MAP Drawn By: Reviewed By: 6/24/19 Subject to USACE/NCDEQ verification BILK LSR �,• ,�, ' WkE ,-Av H e13 PROJECT BOUNDARY EnD STUDY LIMITS • T a EnD S liow\".�- N Map Unit Symbol Map Unit Name Acres in AOI Percent of AOI EnD Enon sandy loam, 8 to 15 2.8 29.5% percent slopes HeB Helena sandy loam, 2 to 8 6.6 70.5% percent slopes I Totals for Area of Interest 9.4 100.0% Acres: 155 BAUCOM ST Prepared for: Red Cedar +/- 9.4 Mecklenburg Co., NC FIGURE Drawn By: Reviewed By: NRCS PUBLISHED SOILS 4 05127120 Subject to USACE/NCDEQ verification BLK DCK ro o N 3 o II y N � � �c O J 3 LL1 Q Z w D O Q z I, ti V d (43NIVINIVVY ,kilo - M08 ,09) SON j,L a \ Ob08 NNbld 010 a OE — — — w f ° � a LLL a a Q co O U i 1 o u11 W w 0 L �L \\ Qq RIPco-0 — o ct� LOU IL L76 10 Lij 1 Of o �01 —� — _ _ OGo ° Q O 0 WN Z, 30 W M o z a o — W Z c � ti � 6)� z W �1,aZ ° Li a ~U Z LU Q z w 0) Co o J LL a Orf 00 CN L1J O n w > 2 X LU Q d CD o x 6MP SNOI LIONOO ONI LSI GREMd IM,o1 sP91yx3 W.g.M\8914z3\OMO - -.9 - UO-LZZ9UePa0 Pay\spa10'&VONVO Q N O 02S Z Z Z C7 Q d O O Z U CO CO (M.M O z Uj LO W O O S O N W ro J r- U') r- to P- LO r— W M z r- N CO Z N r- CM O Q Q-;;I- 6 J r- LU W C7 Oz(D C7 wO QO �C7 O O C7 �(„)C� =CD W d z d � d Q W d Cf)d d d = d Q d d = (V W' O) O (V O W to Z ti M ti U = Z W N_ af co Ln m rn I` r- M LO v co O o � N LS) Q MC\J V CO M pZj ao O W O ti= M CO co O Cl) 00 ti U (n M (D (� N LP O�� (n J M� � m N ti � O Lf7 U O U Lf) CIA O O W N ti M > W Q� J W �e Q W Q� Q Z z m it) m LO W m Ln z m Ln 0 m it) z m Ln � m LO � m Lr) Q m it) W Q m Ln W m Ln Q 0 0< >- 0 0� 0 o W o o z o o 0 0 0 0 0 0 0 0 0� 0 o M LU o z Ld o CO W Q� W �' W C.7 W U W � W Q W Q W � W O Z W Q W O W D= fr W O Q W 0 0 W 0 5 W 0 W W 0= W 0= W O Q W D 00 W Dor- w D w M d U U 0 d 0 0 d W M d-i m d� m d of m d of m d� m d ne w O d m m d 0 N C'7 � L1i CO r-_:cc;6> (('Vod 3010 W06J ,0£ 'XOdddH NMOHS) AIVM 301HJId 431N]vvnNOW ,09 ° ((J3NIVINIHIN,l110) x ° OV08 NNbld a10 0 0 0 0 01 O LU 0 w m F— CO LL1 C O Lf7 r � o N O00 II N c �) r— .j W 6i J � Q Q U U) 0 LL LO LL O N LU U) U) w n O Z Z_ O Q w 0 nrJirJinrntnn.��nn �w snawz� ouenannwawz�nnnn - ernLaanc woonea - nn-m4��eoao NVId Clio r— C14 Q0 CN ;a� ll ��e MR101 ®r R F- b j�4b02i 1INbld al0 0 w w w o LOW _ w w 3 ¢ Z OE;OE :..,. -- _ 0 U w D s� o I , . 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Rindnei Threatened / Endangered / Protected Species Evaluation Charlotte Office: 10612-D Providence Rd. PMB 550 Charlotte, NC 28277 (704) 904-2277 I en. ri nd ner@wet Ian ds -epg. ca m For 155 BA UCOM STREET Mecklenburg County, North Carolina By: Lisa R. Gaffney June 26, 2020 www.wetiancis-epg.co m Ashesrile Office: 1070 Tunnel Rd., Bldg. I Suite 10, PMB 283 Asheville, NC 28805 155 Baucom Street - Threatened /Endangered /Protected Species Evaluation GENERAL LANDSCAPE DESCRIPTION: The 155 Baucom Street site (+/- 9.4 acres) is located just south of Old Plank Road, and is bisected by Baucom Street in Charlotte, Mecklenburg County, North Carolina. It can be found on the Mountain Island Lake, NC USGS Topographic Quadrangle Map; latitude is 35.3057 N, longitude is-80.9302 W. The topography is gently sloping, with the elevation ranging from 690 to 710 ft. The site is in a suburban setting and is surrounded by residential homes sites. (Figure 1). Figure 1: Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. 155 Baucom Street - Threatened /Endangered /Protected Species Evaluation METHODOLOGY: The US Fish and Wildlife Service website http://www.fws.gov/endangered/ 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 week of June 15, 2020 Table 1: Threatened / Endangered / Protected Species listed for Mecklenburg County County: Mecklenburg, NC *Source: US Fish & Wildlife Service **Data search on June 16, 2020 Group Name Status Record Status Invertebrate Carolina Heelsplitter (Lasmiciona Endangered Current decorata Invertebrate Rusty -patched Bumble Bee Endangered Historic (Bombus affinis) Vascular Plants Smooth Coneflower (Echinacea Endangered laevi ata Vascular Plants Schweinitz's Sunflower (Helianthus Endangered schweinitzii) Vascular Plants Michaux's Sumac (Rhus michauxii) Endangered Vertebrate Northern Long -Eared Bat (Myotis septentrionalis) Vertebrate Bald Eagle (Haliaeetus leucocephalus) Threatened Current Current Current Probable/Potential Protected under the Bald Current and Golden Eagle Protection Act Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. 155 Baucom Street - Threatened /Endangered /Protected Species Evaluation 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). Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. 155 Baucom Street - Threatened /Endangered /Protected Species Evaluation RESULTS: The site is in a suburban setting and is surrounded by a neighborhood of residential homes. There is a homesite with small outbuildings on Old Plank Road, and the southeastern side of the Baucom Street site has two residential homesites. They all have open, mowed lawns and scattered large oaks and pines. There is an overhead power line along the southwestern site boundary. The remainder of the site is characterized by disturbed, mixed pine and young hardwood cover. Tree species present include Short -leaf Pine (Pinus echinata), Virginia Pine (P. virginiana), Willow Oak (Quercus phellos), White Oak (Q. alba), Southern Red Oak (Q. falcata), Sweet Gum (Liquidambar styraciflua), American Elm (Ulmus americans), Tulip Poplar (Liriodendron tulipifera), and Red Maple (Acer rubra). Understory trees include Red Cedar (Juniperus virginiana), Southern Magnolia (Magnolia grandiflora), Sourwood (Oxydendrum arboreum), Flowering Dogwood (Cornus florida), and American Holly (Ilex opaca). Chinese Privet (Ligustrum sinense) is the predominant shrub species present. Vines observed were Japanese Honeysuckle (Lonicera japonica), Muscadine (Vitis rotundifolia), Poison Ivy (Toxicodendron radicans), and Catbrier (Smilax sp.). Herbs present include Christmas Fern (Polystichum acrostichoides), Ebony Spleenwort (Asplenium platyneuron), Japanese Stiltgrass (Microstegium vimineum), Panic Grass (Panicum sp.), False Nettle (Boehmeria cylindrica), and Knotweed (Polygonum sp.). A patch of Asian Bamboo (Phyllostachys sp.) is near the northwest property boundary. Transitional vegetated strips along the wood's edges and fence lines are dominated by common species such as Goldenrod (Solidago sp.), Ragweed (Ambrosia artemisiifolia), Rabbit Tobacco (Gnapthalium obtusifolium), and Pokeweed (Phytolacca americans). The overhead power line right-of-way is covered with mixed grasses, forbs, and weedy thickets dominated by Fescue (Festuca sp.), Broomsedge (Andropogon virginicus), Asters (Aster sp.), Blackberry (Rubus spp.), Winged Sumac (Rhus copallinum), and Porcelain -berry (.Ampelopsis glandulosa var. brevipedunculata). Threatened & Endangered/Protected Species Results All potential habitats for Schweinitz's Sunflower, Michaux's Sumac and Smooth Coneflower along the roadside, 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. Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. 155 Baucom Street - Threatened /Endangered /Protected Species Evaluation There is no suitable habitat on site to support the Carolina Heelsplitter. Based on existing documentation, Carolina Heelsplitter populations have not been previously identified within this basin. • Comparing this site location to the USFWS Asheville office's website (http://www.fws.gov/asheville/htmis/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 it's 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, 4,el # 1*e�l Lisa R. Gaffney Biologist June 26, 2020 Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. 155 Baucom Street - Threatened /Endangered /Protected Species Evaluation 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. Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC.