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HomeMy WebLinkAbout20201128 Ver 1_401 Application_20200831Staff Review Does this application have all the attachments needed to accept it into the review process?* r Yes r No ID#* 20201128 Version* 1 Is this project a public transportation project?* r Yes r No Reviewer List:* Alan Johnson:eads\adjohnson1 Select Reviewing Office:* Mooresville Regional Office - (704) 663-1699 Submittal Type:* 401 Application Does this project require a request for payment to be sent?* r Yes r No How much is r $240.00 owed?* r $570.00 Project Submittal Form Please note: fields marked with a red asterisk below are required. You will not be able to submit the form until all mandatory questions are answered. Project Type: * r For the Record Only (Courtesy Copy) r New Project r Modification/New Project with Existing ID r More Information Response r Other Agency Comments r Pre -Application Submittal r Re-Issuance\Renewal Request r Stream or Buffer Appeal New Project - Please check the new project type if you are trying to submit a new project that needs an official approval decision. Pre -Application Submittal - Please check the pre -application submittal if you just want feedback on your submittal and do not have the expectation that your submittal will be considered a complete application requiring a formal decision. More Information Response - Please check this type if you are responding to a request for information from staff and you have and ID# and version for this response. Other Agency Comments - Please check this if you are submitting comments on an existing project. Re-issuance\Renewal Request — Please check this if you are submitting for a re-issuance\renewal prior to expiration date for the corresponding 401/404. If submitting after the expiration date or if modification needed use Modification/New Project with Existing ID option. Project Contact Information Name: Aliisa Harjuniemi Who is subrritting the inforrration? Email Address: aliisa@cws-inc.net Project Information Project Name: Monroe Crossing Patton Ave. Is this a public transportation project? r Yes r No Is the project located within a NC DCM Area of Environmental Concern (AEC)? r Yes r No r Unknown County (ies) Union Please upload all files that need to be submited. aick the upload button or drag and drop files here to attach document 2019-0419.Monroe Crossing Patton 5.31 MB Ave.8.28.20. NW P29. pdf Only pdf or krre files are accepted. Describe the attachments or comments: PCN for the Monroe Crossing Patton Ave. site, located in Union County, NC. Sign and Submit V By checking the box and signing box below, I certify that: • I have given true, accurate, and complete information on this form; • I agree that submission of this form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act") • I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act'); • I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND • I intend to electronically sign and submit the online form." Signature: e��rrTrT�1rrtrr. Submittal Date: Is filled in automatically. Preliminary 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 Form A2a]: Monroe Crossing Patton Ave. 2. Work Type: Private 7 Institutional ❑ Government ❑ Commercial ❑ 3. Project Description / Purpose [PCN Form B3d and B3e]: The purpose of the project is to develop the property into a single-family subdivision. 4. Property Owner /Applicant [PCN Form A3 or A4]: Development Solutions Group LLC; POC: Kent Olson 5. Agent / Consultant [PCN Form A5 — or ORM Consultant ID Number]: CWS; POC: Aliisa Harjuniemi 6. Related Action ID Number(s) [PCN Form B5b]: SAW-2020-00080 7. Project Location - Coordinates, Street Address, and/or Location Description [PCN Form B1b]: West of the Skyway Drive and West Roosevelt Boulevard interchange in Union County, North Carolina. Decimal Degree Coordinates: 35.000081 °,-80.5583580 8. Project Location -Tax Parcel ID [PCN Form B1a]: 09267129 9. Project Location — County [PCN Form A2b]: Union 10. Project Location — Nearest Municipality or Town [PCN Form A2c]: Monroe 11. Project Information — Nearest Waterbody [PCN Form B2a]: UT to Stewarts Creek 12. Watershed / 8-Digit Hydrologic Unit Code [PCN Form 132c]: 03040105 Authorization: Section 10 ❑ Section 404 W1 Section 10 & 404 ❑ Regulatory Action Type: ❑Standard Permit ✓ Nationwide Permit # 29 ❑ Regional General Permit # ❑ Jurisdictional Determination Request R Pre-Application Request Unauthorized Activity 0 Compliance ❑ No Permit Required Revised 20150602 CiAROLINA WETLAND .SERVICES, INC. 550 E. Westinghouse Blvd. Charlotte, NC 28273 704-527-1177 (office) 704-527-1133 (fax) To: Bryan Roden -Reynolds Date: August 28, 2020 U.S. Army Corps of Engineers Charlotte Regulatory Field Office 8430 University Executive Park Drive Charlotte, NC 28262 Subject: Pre -Construction Notification Pursuant to Nationwide Permit No. 29 Monroe Crossing Patton Ave. Monroe, North Carolina CWS Project No. 2019-0419 Dear Mr. Roden -Reynolds, The Monroe Crossing Patton Ave. site is approximately 20 acres in extent and is located west of the Skyway Drive and West Roosevelt Boulevard interchange in Union County, North Carolina (Figures 1 and 2, Attachment A). Development Solutions Group, LLC has contracted Carolina Wetland Services, Inc. (CWS) to provide Section 404/401 permitting services for this project. An executed Agent Authorization Form is attached (Attachment B). CWS is submitting a Pre -Construction Notification pursuant to Nationwide Permit No. 29 to the U.S. Army Corps of Engineers for proposed impacts to the jurisdictional waters of the U.S. associated with developing the property into a single-family development. A Preliminary Jurisdictional Determination (SAW-2020-00080) is included as an Attachment C. ATTACHMENTS INCLUDED: DESCRIPTION Attachment A - Figures 1-7 Attachment B - Agent Authorization Form Attachment C - Preliminary Jurisdictional Determination SAW-2020-00080 Attachment D - Proposed Impacts Attachment E - Protected Species Habitat Assessment Report Please do not hesitate to contact Aliisa Harjuniemi at 980-259-1222 or aliisa@cws-inc.net should you have any questions or comments regarding this request. Sincerely, Aliisa Harjuniemi, PWS Senior Project Manager a`'pF W A rEgC) T. A A a 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 1 a. Type(s) of approval sought from the Corps: 0 Section 404 Permit ❑ Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: 29 or General Permit (GP) number: 1 c. Has the NWP or GP number been verified by the Corps? ❑ Yes 0 No 1 d. Type(s) of approval sought from the DWQ (check all that apply): N 401 Water Quality Certification — Regular ❑ Non-404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ❑ Yes N No For the record only for Corps Permit: ❑ Yes 0 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 N No 1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 In below. ❑ Yes N No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes N No 2. Project Information 2a. Name of project: Monroe Crossing Patton Ave. 2b. County: Union 2c. Nearest municipality / town: Monroe 2d. Subdivision name: N/A 2e. NCDOT only, T.I.P. or state project no: N/A 3. Owner Information 3a. Name(s) on Recorded Deed: Monroe Mall Crossing LLC 3b. Deed Book and Page No. 4627-573 3c. Responsible Party (for LLC if applicable): Attn: Randy Bates 3d. Street address: PO Box 1266 3e. City, state, zip: Mount Pleasant, SC 29465 3f. Telephone no.: 704-543-0760 3g. Fax no.: N/A 3h. Email address: kent@olsondevelopment.com Page 1 of 15 PCN Form — Version 1.4 January 2009 4. Applicant Information (if different from owner) 4a. Applicant is: ❑ Agent 0 Other 4b. Name: Kent Olson 4c. Business name (if applicable): Development Solutions Group, LLC 4d. Street address: 11121 Carmel Commons Blvd. #360 4e. City, state, zip: Charlotte, NC 28226 4f. Telephone no.: 704-543-0760 4g. Fax no.: N/A 4h. Email address: kent@olsondevelopment.com 5. Agent/Consultant Information (if applicable) 5a. Name: Aliisa Harjuniemi, PWS 5b. Business name (if applicable): Carolina Wetland Services, Inc. 5c. Street address: 550 E. Westinghouse Blvd. 5d. City, state, zip: Charlotte, NC 28273 5e. Telephone no.: 980-259-1222 5f. Fax no.: N/A 5g. Email address: aliisa@cws-inc.net Page 2 of 15 PCN Form — Version 1.4 January 2009 B. Project Information and Prior Project History 1. Property Identification 1 a. Property identification no. (tax PIN or parcel ID): 09267129 1 b. Site coordinates (in decimal degrees): Latitude: 35.000081 ° Longitude:-80.558358' 1 c. Property size: 20 acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: UT to Stewarts Creek 2b. Water Quality Classification of nearest receiving water: WS-III 2c. River basin: Yadkin Pee Dee 03040105 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: The Monroe Crossing Patton Ave. site is approximately 20 acres in extent and is located west of the Skyway Drive and West Roosevelt Boulevard interchange in Union County, North Carolina (Figures 1 and 2, Attachment A). The project area consists of forested areas and a powerline right-of-way. On -site elevations range from approximately 590-630 feet above mean sea level (Figure 2). Land cover within the project area consists of mixed forest and herbaceous areas (Figure 3). According to the United States Department of Agriculture - Natural Resources Conservation Service (USDA-NRCS) Web Soil Survey of Union County (Figure 4) and the NRCS Published Soil Survey for Union County (Figure 5), on -site soils consist of five soil types. None of the soils are listed on the Web Soil Survey as hydric or containing hydric inclusions. There are five jurisdictional waters of the U.S. located within the project boundary. These waters consist of two wetlands (Wetlands AA and BB) and three stream channels (Streams A-C). The on -site jurisdictional waters of the U.S. are depicted in Figure 7. The surrounding land use consists of commercial buildings, single- and multi -family residential developments, and small amounts of undeveloped forested areas. 3b. List the total estimated acreage of all existing wetlands on the property: 0.023 ac. 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 790 linear feet of perennial stream, 1,321 linear feet of intermittent stream. 3d. Explain the purpose of the proposed project: The purpose of this project is to develop the property into a single-family residential subdivision. This project will provide residential housing for Monroe, North Carolina to meet the growing demand for housing due to population growth. Page 3 of 15 PCN Form — Version 1.4 January 2009 3e. Describe the overall project in detail, including the type of equipment to be used: The project proposes developing the site for a single-family residential development. Under Nationwide Permit No. 29, the project proposes unavoidable impacts to one jurisdictional stream channel due to one road stream crossing. This stream crossing is required to provide sufficient ingress and egress for traffic and emergency vehicles throughout the development. A pump around or a similar water diversion method will be utilized for completing stream related work. The proposed site plan, proposed impacts, and details are included as Attachment D. Road Crossing: S1-S3 The proposed road crossing is located in the north -central portion of the property. Stream B divides the property in western and eastern halves. Therefore, connecting the eastern and western portions of the proposed subdivision requires crossing Stream B. The stream crossing was placed in a location that will avoid all wetland impacts. To further minimize impacts, the stream crossing is located at a straight portion of the stream reach, and the road will cross the stream at a perpendicular angle. To construct the proposed road crossing, a 79-foot-long, 48-inch reinforced concrete pipe (RCP), will be installed, resulting in 120 linear feet of permanent impacts to Stream B (S1). The proposed culvert will be buried one foot below the channel bed to allow passage of aquatic life and maintain low flows. A 15 linear foot rip rap apron will be placed downstream from the culvert to prevent erosion (S2). The proposed culvert is designed to maintain the upstream/downstream hydrological connection and the aquatic life passage. The rip rap apron will be keyed at the existing grade. Headwalls at the inlet and outlet of the culvert will be utilized in order to minimize channel impacts to the maximum extent practicable. A pump around will be utilized for completing stream related work. This will result in approximately 20 linear feet of additional temporary impacts (S3). All work will be constructed in the dry and all temporary fill will be removed following the work. Disturbed stream bed banks will be returned to pre -construction grade. Typical pump around system details are depicted in Sheet 5 (Attachment D). Typical construction equipment such as a track hoe will be used. Page 4 of 15 PCN Form — Version 1.4 January 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by ❑x Yes ❑ No ❑ Unknown the Corps or State been requested or obtained for this roe / project(including all priorphases) in the Comments: 4b. If the Corps made the jurisdictional determination, ❑x Preliminary El Final what type of determination was made? 4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: Name (if known): Other: CWS 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. A Preliminary Jurisdictional Determination, dated June 29, 2020 is included as an Attachment C (SAW-2020-00080). 5. Project History 5a. Have permits or certifications been requested or ❑ Yes ❑ No ❑x Unknown obtained for this project (including all prior phases) in 5b. If yes, explain in detail according to "help file" instructions. There is an existing culvert located in the northern portion of the property, off from Commerce Drive that has been installed prior to 2000 based on the historic aerial imagery. This crossing was likely below the notification threshold for NWP26 and the linear footage should not be counted cumulatively to the proposed impacts. The acreage of this impact footprint (-0.01 acre) may be counted cumulative to the proposed impacts. 6. Future Project Plans 6a. Is this a phased project? ❑ Yes ❑x No 6b. If yes, explain. Page 5 of 15 PCN Form — Version 1.4 January 2009 C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): ❑ Wetlands 0 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 P Culvert Stream B PER Corps 4 120 S2 P Rip Rap Apron Stream B PER Corps 4 15 S3 T Pump around system Stream B PER Corps 4 20 3h. Total stream and tributary impacts 155 If Page 6 of 15 PCN Form — Version 1.4 January 2009 3i. Comments: Permanent impacts to streams total 135 linear feet. Permanent loss of waters totals 120 linear feet Temporary impacts to streams total 20 linear feet. Page 7 of 15 PCN Form — Version 1.4 January 2009 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individually list all open water impacts below. 4a. Open water impact number Permanent (P) or Temporary (T) 4b. Name of waterbody (if applicable 4c. Type of impact 4d. Waterbody type 4e. Area of impact (acres) 01 - Choose One Choose 02 - Choose One Choose 03 - Choose One Choose 04 - Choose One Choose 4f. Total open water impacts 4g. Comments: 5. Pond or Lake Construction If pond or lake construction proposed, then complete the chart below. 5a. Pond ID number 5b. Proposed use or purpose of pond 5c. Wetland Impacts (acres) 5d. Stream Impacts (feet) 5e. Upland (acres) Flooded Filled Excavated Flooded Filled Excavated P1 Choose One P2 Choose One 5f. Total: 5g. Comments: 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. 6a. Project is in which protected basin? ❑ Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Randleman ❑ Other: 6b. Buffer Impact number- Permanent (P) or Temporary (T) 6c. Reason for impact 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact (square feet) 6g. Zone 2 impact (square feet B1 - Yes/No B2 - Yes/No B3 - Yes/No B4 - Yes/No B5 - Yes/No B6 - Yes/No 6h. Total Buffer Impacts: 6i. Comments: Page 8 of 15 PCN Form - Version 1.4 January 2009 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. To avoid and minimize impacts to jurisdictional waters of the site was delineated prior to finalizing the site plan and the proposed site plan was designed around the delineation results. Impacts to jurisdictional waters have been limited to one stream crossing in order to provide sufficient ingress and egress for traffic and emergency vehicles throughout the development. Stream B divides the property in western and eastern halves. Therefore, connecting the eastern and western portions of the proposed subdivision requires crossing Stream B. The stream crossing was placed in a location that will avoid all wetland impacts. To further minimize impacts, the stream crossing is located at a straight portion of the stream reach, and the road will cross the stream at a perpendicular angle. The proposed culvert will be buried a minimum of one foot below the channel bed to allow passage of aquatic life and maintain low flows. The proposed culvert is designed to maintain the upstream/downstream hydrological connection and the aquatic life passage. The rip rap apron will be keyed at the existing grade. Headwalls at the inlet and outlet of the culvert will be utilized in order to minimize channel impacts to the maximum extent practicable. II work will be constructed in the dry and all temporary fill will be removed following the work. Disturbed stream bed banks will be returned to pre -construction grade. No Build Alternative In an attempt to minimize impacts to jurisdictional waters while meeting the goals of the project, a "No Build" alternative was considered. The property is being purchased for the purpose of providing more residential housing to meet the growth and demand of an area in Union county experiencing significant population growth. A "No Build" option would not meet the project goals of providing the necessary housing to meet the current demand. Therefore, the no build alternative was eliminated from further consideration. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Proper sediment and erosion control measures will be used to minimize disturbances to downstream waters. Silt fence will be installed around the jurisdictional features, outside of the avoided wetlands and streams. Construction activities and impacts to on -site jurisdictional waters of the U.S. will comply with all conditions of Nationwide Permit No. 29 and Water Quality Certificate No. 4139. All work will be constructed in the dry and all temporary fill will be removed following the work. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for ❑ Yes ❑x No impacts to Waters of the U.S. or Waters of the State? 2b. If yes, mitigation is required by (check all that apply): ❑ DWQ ❑ Corps ❑ Mitigation bank 2c. If yes, which mitigation option will be used for this project? ❑ Payment to in -lieu fee program ❑ Permittee Responsible Mitigation Page 9 of 15 PCN Form — Version 1.4 January 2009 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type: Choose One Type: Choose One Type: Choose One Quantity: Quantity: Quantity: 3c. Comments: 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. ❑ Yes 4b. Stream mitigation requested: 4c. If using stream mitigation, stream temperature: Choose One 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: Mitigation is proposed at 1:1 ratio. 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) —required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? ❑ Yes 0 No 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (square feet) Zone 1 Zone 2 6f. Total buffer mitigation required: 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). Page 10 of 15 PCN Form — Version 1.4 January 2009 6h. Comments: Page 11 of 15 PCN Form — Version 1.4 January 2009 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers identified ❑ Yes ❑x No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. The site is not adjacent to protected NC Riparian Buffers. ❑ Yes ❑ No 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? <24% 2b. Does this project require a Stormwater Management Plan? ❑x 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: Town of Monroe will be reviewing the stormwater management plan. 2e. Who will be responsible for the review of the Stormwater Management Plan? Town of Monroe 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? ❑x Phase II 3b. Which of the following locally -implemented stormwater management programs ❑ NSW apply (check all that apply): ❑ USMP ❑ Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑x No attached? 4. DWQ Stormwater Program Review ❑ Coastal counties El HQWEl 4a. Which of the following state -implemented stormwater management programs apply ORW (check all that apply): ❑ Session Law 2006-246 ❑ Other: 4b. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑ No attached? 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 Page 12 of 15 PCN Form — Version 1.4 January 2009 F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1 a. Does the project involve an expenditure of public (federal/state/local) funds or the ❑ Yes ❑x No use of public (federal/state) land? 1 b. 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 ❑ Yes ❑ No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1 c. 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.) ❑ Yes ❑ No Comments: 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, ❑ Yes ❑x No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after -the -fact permit application? ❑ Yes ❑x 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 ❑ Yes ❑x No additional development, which could impact nearby downstream water quality? 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. The project will not result in additional development. 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. Sewerlines will be tied to the existing sewer infrastructure. Page 13 of 15 PCN Form — Version 1.4 January 2009 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or ❑x Yes ❑ No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ❑ Yes ❑x No impacts? 5c. If yes, indicate the USFWS Field Office you have contacted. - 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? To determine which protected species are listed as occurring or potentially occurring within the project vicinity, and prior to conducting the on -site field investigation, CWS consulted the United States Fish and Wildlife Service (USFWS) Endangered and Threatened Species and Species of Concern by County for North Carolina online database for Gaston County. In addition, CWS performed a data review using the North Carolina Natural Heritage Program (NCNHP) Data Explorer to determine if any record occurrences of federally -listed, candidate endangered, threatened species, or critical habitat were located within the project limits. The results of the desktop review and protected species assessment are included in the Protected Species Assessment Report (Attachment E). 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes ❑x No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? NOAA Fisheries: http://www.habitat.noaa.gov/protection/efh/habitatmapper.htmi 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 ❑ Yes ❑x No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? A letter was forwarded to the North Carolina State Historic Preservation Office (SHPO) on July 23, 2020 to determine the presence of any areas of architectural, historic, or archaeological significance that would be affected by the project. CWS also consulted the SHPO online GIS service. The search indicated there are no known historical structures, buildings, sites, or districts existing within the project limits. No response has been received from the SHPO by the date of this permit application submittal. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? ❑ Yes ❑x No 8b. If yes, explain how project meets FEMA require Men+s-: 8c. What source(s) did you use to make the floodplain determination? FEMA FIRM No. 3710543500J Page 14 of 15 PCN Form — Version 1.4 January 2009 Ms. Aliisa Harjuniemi 8.28.20 Applicant/Agent's Signature (Agent's Applicant/Agent's Printed Name signature is valid only if an authorization letter Date from the applicant is provided.) Page 15 of 15 PCN Form — Version 1.4 January 2009 Monroe Crossing Patton Ave. Attachments August 28, 2020 CWS Project No. 2019-0419 ATTACHMENT A: Figures 1-7 W°dd�n9'r�n Rd �r�ranklln Si M .00 p r G 'C 7 A t� L 9C e Club 8 L001 4b Legend rIt � Project Limits (20 ac.) h .J REFERENCE: BACKGROUND VICINITY MAP PROVIDED BY ESRI, 2019. 5,000 2,500 0 5,000 Feet 9 SCALE: DATE: FIGURE NO. 1 inch = 5,000 feet 12/10/2019 Vicinity Map CWS PROJECT NO: DRAWN BY: 2019-0419 JKM Monroe Crossing Patton Ave COORDINATES: CHECKED BY: CAR ❑ L l NA Union County 35.000081,-80.558358 CAG WETLAND SERVICES Monroe, North Carolina G:\Shared drives\Consulting Team Drive\2019\2019 Consulting Projects\2019-0419 Monroe Crossing Patton Ave\JDWrcGIS\Figuret_Vicinity.rrixd Fy ti a: 4 - p GQ I: 3 POLLJF �Q 4 . Flrst A6sem61y - ... . ChriArm rill Np[t. ~lam Gel _. Baptist rtc xE I Pluier Lake cc Monroe puou� sr ; 1 4 0R N _. �L z --. r� �.• -ram __...._ .- a f •�� J lJr4 GO[fJM+'lr NCl •'� AEARO 5T KING ST 1 X ~ 6enton Heiq�ls • Clem Sch d �r f`-"� ^� •n \ t the Arts y r ° c,PPk � '" ❑ ❑ Vi nl [ N S. `. r fy� -'-SY TON RA N C14 6RCN 5 T .' 1 r t' - �' __ •_. _ _ - CROW SF 4CtrFRtF ` : . W ORANtCifN s a - Z � Legend Project Limits (20 ac.) � = 1 _ 2,000 1,000 0 2,000 Feet • REFERENCE: USGS 7.5 MINUTE TOPOGRAPHIC QUADRANGLE(S): BAKERSAND MONROE, NC (2018). E. SCALE: DATE: FIGURE NO. 1 inch = 2,000 feet 12/17/2019 USGS Topographic Map CWS PROJECT NO: DRAWN BY: 2019-0419 JKM Monroe Crossing Patton Ave COORDINATES: CHECKED BY: CAR ❑ L I N A Union County 35.000081,-80.558358 CAG WETLAND SERVICES Monroe, North Carolina G:\Shared drives\Consulting Team Drive\2019\2019 Consulting Projects\2019-0419 Monroe Crossing Patton Ave\JD\ArcGIS\Figure2_USGS.mxd G:\Shared drives\Consulting Team Drive\2019\2019 Consulting Projects\2019-0419 Monroe Crossing Patton Ave\JD\ArcGIS\Figure3_aerial.mxd BdB2 CmB BaB B B2 BdC2 W CmB BuB BdB2 BaB Ud `°qOA CmB BuB�pp�FL TaB BaC BdB2 W BuBLLJ t t 11 y9 v M S�AIE p. R BdB2 BdB2 WCmg 2pL� SUNNYg �Q ROOKp,R BuB Q qs yT pNq EUCLID ST BaB CmB Z G) BdB2 r N � (� O p�BuB �JO BaB CmB BaB rn O u> = I = CmB y� 4<p n EAST AV �L LL EAST AV rrF41, TbB2 CnB t `r KERR ST JCO� P1@ CnB REDRO ST BB 2 KING Si GO�D/Lj7N 1�,�\�P G�g\OEs� LYDIAST Q FRp EN = U 44/ =v A, BENTON ST w w MYERS ST ChA �0 FRST BEN_ TOOK I TuB amz L` 7OF U PHIFER ST Qv MgNsT� RIGGINS ST RIGGINS ST AVON ST BaB Badin channery silt loam, 2 to 8 percent slopes No 18.6 LPL BdB2 Badin channery silty clay loam, 2 to 8 percent slopes, moderately eroded No 0.4 Project Limits (20 ac.) BuB Badin-Urban land complex, 2 to 8 percent slopes No 42.3 cam( CmB Cid channery silt loam, 1 to 5 percent slopes No 30.7 OPT Roads B CnB Cid-Urban land complex, 1 to 5 percent slopes No 8.1 Totals for Area of Interest: 00 1,000 500 0 1,000 Feet REFERENCE: USDA-NRCS WEB SOIL SURVEY OF UNION COUNTY, NC, DATED 2017. ChA CnB CnB SCALE: DATE: USDA-NRCS Current Soil Survey FIGURE NO. 1 inch = 1,000 feet 12/18/2019 Y CWS PROJECT NO: DRAWN BY: of Union County 2019-0419 JKM Monroe Crossing Patton Ave COORDINATES: CHECKED BY: CAR ❑ L I N A Union County 4 35.000081,-80.558358 CAG WETLAND SERVICES Monroe, North Carolina G:\Shared drives\Consulting Team Drive\2019\2019 Consulting Projects\2019-0419 Monroe Crossing Patton Ave\JD\ArcGIS\Figure4_CurrentSoil.mxd 4j. �$dG• rrEtB FAaz s BBB - 13uu t r 1 !rfr �ti srrn,y f T —J r+ •.e E Ch PR Ie192 tire.. r��?s 11` �, Ole r� t35C r Sae lid West Roosevelt Boulevard - =rii6 �,li flEEt:� IN,Im f Hub 1 ` Secrest Shortcut Road r .3H �a 11dw }W % 1 CmR. =BuR Yfr i. rrt9012 TTI Skyway Drive G i_[ rg. ,. �ne4 Old Charlotte Highway i sod' L."t MONRGE� r i+vts r 9aC • I ` — \ Asti;: r:r{ ` .{�;� � RuF S...Ea i:,•Fi BaE3 _ � r„E ,.� ! _. '3 E3:rLi •. r aati } i61i] E€!5 TA2 , -- h l r' I9G. _ - C,„17 .. n,�_. •. 3x13 b` g 1 ��Ei +�t al C ` North Charlotte Avenue �a3 Bois aBUB .r 1 fW � t l:riL fi t Un r RJR 4 , FLU 1 1,Cmri� BaB •~ - and Description Badin channery silt loam, 2 to 8 percent slopes Hydric (Y/N) No BdB2 Badin channery silty clay loam, 2 to 8 percent slopes, moderately eroded No BUB Badin-Urban land complex, 2 to 8 percent slopes No CmB Cid channery silt loam, 1 to 5 percent slopes No CnB Cid-Urban land complex, 1 to 5 percent slopes No REFERENCE: USDA-NRCS HISTORIC SOIL SURVEY OF UNION COUNTY, NC, SHEETS 18AND 23, DATED 1996. ❑ E,sr -' Legend Project Limits (20 ac.) 2,000 1,000 0 2,000 Feet , - - i Tu E3+ckn_ € S:J, r SCALE: 1 inch = 2,000 feet 12/17/2019 DATE: USDA-NRCS Published Soil Survey FIGURE NO. CWS PROJECT NO: DRAWN BY: of Union County 2019-0419 ITD Monroe Crossing Patton Ave COORDINATES: CHECKED BY: CAR ❑ L 1 N A Union County 5 35.000081,-80.558358 CAG WETLAND SERVICES Monroe, North Carolina G:\Shared drives\Consulting Team Drive\2019\2019 Consulting Projects\2019-0419 Monroe Crossing Patton Ave\JD\ArcGIS\Figure5_HistoricSoil.mxd = Imo' 1�C� I 11 J 0 O I- rr O 2 N LU X O W N IN ��R vSF 01 L 0 EUCLID ST o ss H10E T T S 7 n 7" �c� GOO O 0, �f�O�rGZ N m O <O ) N \N N N U) S EAST AV ILL ILLEAST AV O �R<OTT PV KERR ST cn Q \ 00 j PEDRO ST O �O<pj/NF R p C'����0 = KING ST C SqN (PLU � LYDIA ST } NURCy o Rp -o� 5�0 vQ 6A G�� SA BENTON Legend �EN� ON Project Limits (20 ac.) Roads ° National Wetlands Inventory o ��A =�v pNsFTp� ��2�9 Freshwater Forested/Shrub Wetland 2 co s� Freshwater Pond w CO U Riverine REFERENCE: NATIONAL WETLAND INVENTORY DATA PROVIDED BY UNITED STATES FISH AND WILDLIFE SERVICE FOR NORTH CAROLINA, ACCESSED 2018. BACKGROUND LAYER(S) PROVIDED 1,000 500 0 1,000 Feet BY UN ON COUNTY GIS DEPARTMENT, DATED 2019. T � SCALE: DATE: FIGURE NO. 1 inch = 1,000 feet 12/10/2019 National Wetlands Inventory CWS PROJECT NO: DRAWN BY: 2019-0419 JKM Monroe Crossing Patton Ave COORDINATES: CHECKED BY: CAR ❑ L I N A Union County 35.000081,-80.558358 CAG WETLAND SERVJCES Monroe, North Carolina G:\Shared drives\Consulting Team Drive\2019\2019 Consulting Projects\2019-0419 Monroe Crossing Patton Ave\JD\ArcGIS\Figure6_NWl.mxd Perennial Stream C 241 If Wetland AA 0.02 ac. DW1 SCP1 A SCP6 i ILegend `1 SCP5 Project Limits (20 ac.) - - Intermittent Stream ,�. Perennial Stream A 549 If / 1D 0DP4y • DP5 CP7 • Perennial Stream ® Forested Wetland Intermittent Stream B Roads 1,321 If Tax Parcels Culvert PV •DP Data Point PPS SON Indicates Flow 2 N Photo Location and Direction 0 0 A SCP Stream Classification Point Z REFERENCE: BACKGROUND GIS LAYER(S) PROVIDED BY UNION COUNTY GIS DEPARTMENT, DATED 2019. NOTE: JURISDICTIONAL WATERS OF THE U.S. WERE DELINEATED (FLAGGED IN THE FIELD), CLASSIFIED, AND MAPPED USING A SUB -FOOT CAPABLE GPS UNIT BY CWS, INC., ON DECEMBER 12, 2019. JURISDICTIONAL FEATURES HAVE NOT BEEN VERIFIED BY THE USACE. SCALE: DATE: 1 inch = 300 feet 6/25/2020 CWS PROJECT NO: DRAWN BY: 2019-0419 AVH COORDINATES: CHECKED BY: 35.000081,-80.558358 GCA 1,SCP4 0`QP3 , , SCP3 DP2• Wetland BB 0.003 ac. c o � � 3 w co 3 300 150 0 Jurisdictional Boundaries Is Monroe Crossing Patton Ave CAR ❑ L I N A Union County WETLAND SERVICES Monroe, North Carolina 0 300 Feet L FIGURE NO. G:\Shared drives\Consulting Team Drive\2019\2019 Consulting Projects\2019-0419 Monroe Crossing Patton Ave\JD\ArcGIS\Figure7_JD_rev6.25.20.mxd Monroe Crossing Patton Ave. Attachments August 28, 2020 CWS Project No. 2019-0419 ATTACHMENT B: Agent Authorization Form AGENT CERTIFICATION OF AUTHORIZATION 1, Kent Olson, representing Development io s Group LL , hereby certify that I have authorized Aliisa Harjuniemi of Carolina Wetland Services, Inc. to act on my behalf and take all actions necessary to the processing, issuance, and acceptance of this request for wetlands determination 1 permitting and any and all standard and special conditions attached. Union County Owner/Representative Name Owner/Representative Parcel ID Address Development Solutions Group LLC POC: Kent Olson 11121 Carmel Commons Blvd. #360 09287129 Charlotte, NC 28226 kent@olsondevelopment. cam 704.543.0760 We hereby certify that the above information submitted in this application is true and accurate to the best of our knowledge. If Autho0ze signature Agent's signature ti 6 12.20.19 Date Date Completion of this form will allow the agent to sign all future application correspondence. Monroe Crossing Patton Ave. Attachments August 28, 2020 CWS Project No. 2019-0419 ATTACHMENT C: Preliminary Jurisdictional Determination (SAW-2020-00080) SAW-2020-00080 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2020-00080 County: Union U.S.G.S. Quad: NC- Bakers NOTIFICATION OF JURISDICTIONAL DETERNIINATION Requestor: Development Solutions Group, LLC Kent Olson Address: 11121 Carmel Commons Boulevard, Suite 360 Charlotte, NC 28226 Telephone Number: 704-543-0760 E-mail: kent(&olsondevelopment.com Size (acres) 20 Nearest Town Monroe Nearest Waterway Stewarts Creek River Basin Upper Pee Dee USGS HUC 03040105 Coordinates Latitude: 35.000081 Longitude:-80.558358 Location description: The review area is located on the north side of Patton Avenue; approximately 0.3 miles east of the intersection of Patton Avenue and N. Charlotte Avenue. PIN: 09267129. Reference review area description shown in Jurisdictional Determination Request package entitled "Figure 1, Vicinity Man" and Printed Date of 12/10/2019. Indicate Which of the Following APP 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 6/25/2020. 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. SAW-2020-00080 ❑ The waters, including wetlands on your project area/property have been delineated and the delineation has been verified by the Corps. The approximate boundaries of these waters are shown on the enclosed delineation map dated DATE. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. ❑ The waters, including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below 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 Bryan Roden -Reynolds at 704-510-1440 or b rvan.roden-revnoldsnn ,u sace.armv.mil. C. Basis For Determination: Basis For Determination: See the preliminary jurisdictional determination form dated 6/29/2020. 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.** RODEN Digitally signed by RODEN REYNOLDS.BRYAN.KENNE M.1263385574 Corps Regulatory Official: REYNOLDS.BRYAN.KENNETH.1263385574 Date: 2020.06.2909:17:27-04'00' Date of JD: 6/29/2020 Expiration Date of JD: Not applicable SAW-2020-00080 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: Carolina Wetland Services, Inc. Aliisa Hariuniemi Address: 550 E. Westinghouse Boulevard Charlotte, NC 28273 Telephone Number: 980-259-1222 E-mail: aliisa(&cws-inc.net NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: Development Solutions Group, LLC, Kent File Number: SAW-2020-00080 Date: 6/29/2020 Olson Attached is: See Section below ❑ INITIAL PROFFERED PERMIT Standard Permit or Letter of ermission A ❑ PROFFERED PERMIT Standard Permit or Letter ofpermission) B ❑ PERMIT DENIAL C ❑ APPROVED JURISDICTIONAL DETERMINATION D ® PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at or http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPenuits.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 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: Bryan Roden -Reynolds CESAD-PDO Charlotte Regulatory Office U.S. Army Corps of Engineers, South Atlantic Division U.S Army Corps of Engineers 60 Forsyth Street, Room 1 OM15 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 opportum to participate in all site investi ations. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: Bryan Roden -Reynolds, 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: 6/29/2020 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Development Solutions Group, LLC, Kent Olson, 11121 Carmel Commons Boulevard, Suite 360, Charlotte, NC 28226 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Monroe Crossing Patton Ave, SAW-2020-00080 D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The review area is located on the north side of Patton Avenue; approximately 0.3 miles east of the intersection of Patton Avenue and N. Charlotte Avenue. PIN: 09267129. Reference review area description shown in Jurisdictional Determination Request package entitled "Figure 1, Vicinity Map" and Printed Date of 12/10/2019. (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: NC County: Union City: Monroe Center coordinates of site (lat/long in degree decimal format): Latitude: 35.000081 Longitude:-80.558358 Universal Transverse Mercator: Name of nearest waterbody: Stewarts Creek E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ® Office (Desk) Determination. Date: 02/04/2020 and 05/06/2020 ® Field Determination. Date(s): 03/28/2019 and 02/19/2020 TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION. Estimated amount of Type of aquatic q Geographic authority to Latitude (decimal Longitude (decimal aquatic resources inwhich resources (i.e., the aquatic resource "maybe" Feature degrees) degrees) review area (acreage wetland vs. non - subject (i.e., and linear feet, if wetland waters) Section 404 or Section applicable 10/404 Wetland 35.002073 -80.558016 0.02 acre Wetland 404 AA Wetland 34.998247 -80.556941 0.003 acre Wetland 404 BB Stream A 35.001019 -80.559050 549 linear feet Non -wetland 404 Stream B 34.999945 -80.557978 1,321 linear feet Non -wetland 404 Stream C 35.000311 -80.560423 241 linear 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 orjudicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AJD or a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it becomes appropriate to make an official determination whether geographic jurisdiction exists over aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic resources in the review area, the Corps will provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that there "may be" waters of the U.S. and/or that there "may be" navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the review area that could be affected by the proposed activity, based on the following information: SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items should be included in subject file. Appropriately reference sources below where indicated for all checked items: ® Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Map: Figures 1-7 ® Data sheets prepared/submitted by or on behalf of the PJD requestor. ® Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. Rationale: ❑ Data sheets prepared by the Corps: ❑ Corps navigable waters' study: ❑ U.S. Geological Survey Hydrologic Atlas: ❑ USGS NHD data. ❑ USGS 8 and 12 digit HUC maps. ® U.S. Geological Survey map(s). Cite scale & quad name: Figure 2, USGS Topographic Map (1:24,000 Bakers and Monroe, NC) ® Natural Resources Conservation Service Soil Survey. Citation: Figure 4, USDA-NRCS Current Soil Survey of Union County (Web Soil Survey of Union County) and Figure 5, USDA-NRCS Published Soil Survey of Union County (Soil Survey of Union County Sheets 18 and 23 Dated 1996) ® National wetlands inventory map(s). Cite name: Figure 6, National Wetlands Inventory (USFWS NWI Mapper) ❑ 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 1, Vicinity Map (Dated 12/10/2019), Figure 3, Aerial Map (ESRI Aerial Imagery), and Figure 7, Jurisdictional Boundaries (Dated 06/25/2020) or ®Other (Name & Date): Photographs 1-7 (Dated 12/20/2019) ❑ Previous determination(s). File no. and date of response letter: ® Other information (please specify): NCDWQ Stream Identification Forms (Version 4.11) Dated 12/12/2019 IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for later Jurisdictional determinations. RODEN Digitally signed by RODEN REYNOLDS.BRYAN.KE REYNOLDS.BRYAN.KENNETH.126 3385574 NNETH.1263385574 Date: 2020.06.2909:17:01-04'00' Signature and date of Regulatory staff member completing PJD 6/29/2020 Signature and date of person requesting PJD (REQUIRED, unless obtaining the signature is impracticable)1 1 Districts may establish timeframes for requester to return signed PJD forms. If the requester does not respond within the established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action. Perennial Stream C 241 If Wetland AA 0.02 ac. DR1 SCP1 A SCP6 , , i Legend ,`1 SCP5 Project Limits (20 ac.) - - Intermittent Stream ,�. Perennial Stream , Forested Wetland Perennial Stream A 549 If DP4 4 • DP5 CP7 • 1,SCP4 0`Q P 3 , , , SCP3 DP2• lWetlandBB 0.003 ac. Roads Intermittent Stream B , 1,321 If , CTax Parcels — Culvert ODP Data Point PPS SON PV Indicates Flow 2co 0 0 � N Photo Location and Direction o o w 3 ASCP Stream Classification Point w = REFERENCE: BACKGROUND GIS LAYER(S) PROVIDED BY UNION COUNTY GIS DEPARTMENT, DATED 2019. NOTE: JURISDICTIONAL WATERS OF THE U.S. WERE DELINEATED (FLAGGED IN THE FIELD), CLASSIFIED, 3OO 150 0 AND MAPPED USINGASUB-FOOTCAPABLE GPS UNIT BY CWS, INC., ON DECEMBER 12, 2019. JURISDICTIONAL FEATURES HAVE NOT BEEN VERIFIED BY THE USACE. SCALE: DATE: 1 inch = 300 feet 6/25/2020 CWS PROJECT NO: DRAWN BY: 2019-0419 AVH COORDINATES: CHECKED BY: 35.000081,-80.558358 GCA Jurisdictional Boundaries 11 Monroe Crossing Patton Ave C A R O L I N A Union County WETLAND SERVICES Monroe, North Carolina 0 300 Feet L FIGURE NO. N G:\Shared drives\Consulting Team Drive\2019\2019 Consulting Projects\2019-0419 Monroe Crossing Patton Ave\JD\Revised 6.24.2020\Figure7_JD_rev6.25.20.mxd Monroe Crossing Patton Ave. Attachments August 28, 2020 CWS Project No. 2019-0419 ATTACHMENT D: Proposed Impacts H Vim/ / /m \\ O G: R.10 \ _ PROP. ROAD CROSSING - _ V� � \\\V � v v � ' i � \ � � — — � — — -WETLAND B �� �\ 120 LF PERMANENT IMPACT — — — — — �o. ,q� WETLAND Y� (SEE SHEET 2 - 5 FOR DETAIL) \ J ZONING: C \ \ \\\\ \ G \ \ _ / / \ \ \ \ \ P � _ PL \ \ l � n— Existing culvert ����� ��V�� — VICINITY MAP built prior to 2000 � 91A N.T.S. /INTE' M-ITT5NT \ \ \ I l \ APPROX. LOCATION / i �ONIN�R-MP /STREP�M-B A AOINMONROEM�« j /j (1,321 LF) A A / NOTES. o,QRIF. C/L STREAM 023/54 / % / / / / 0 09Z6„g/ / 1. EXISTING CONTOURS AND PROPERTY LINES as2`P''"° SHOWN ARE FROM GIS. I� / i / / / drainage area/ — [L���\ ___ ///// /NiaT / / / / / i APR L +H— / Mo;aN\Ffi4«V / A EX. POWER UTI�i i \\ \ °2' ;N EASEMEI4\\\\ \ \ VA������ �V NSF PERENNIAL \ STREAMi4�ll�l� \ \ J549LF) ADMINS�RACaENSERVICES ® A\ZONING�����/ 150' 75' 0 150' 300' PERENN14L Know what's below. / / //i STREAM Call before yp� dig.— /v ly a N s HrMs V v v _ 11516 v MCKIIV&CREED v 8020 Tower Point Drive Charlotte, North Carolina 28227 Phone: (704) 841-2588, Fax: (704) 841-2567 NC License# F-1222 www. mcki mcreed .co m MONROE CROSSING DATE: AUGUST2020 SCALE DRAWING NO. PATTO N AVENUE MCE PROJ. # 07780-0002 DRAWN JPM HORIZONTAL: UNION COUNTY MONROE NORTH CAROLINA DESIGNED JM 1"=150' 1 OF 5 CHECKED KJC VERTICAL: PROJ. MGR. KJC N/A J J REVISION CONCEPTUAL GRADING PLAN STATUS: PRELIMINARY NOT FOR CONSTRUCTION J S1 - 120 LF PERMANENT STREAM IMPACT (100 LF LINEAR) 20 LF TEMPORARY IMPACT BYPASS PUMP SYSTEM (10 LF IMPACT UPSTREAM 10 LF IMPACT DOWNSTREAM) (SEE SHEET 5 FOR DETAIL) PROP. 79 LF 48" RCP W/ (2) HEADWALLS INV IN: 601.33 INV OUT: 598.55 S2- 15 LF RIPRAP APRON HEADWALL 30' BUFFER (SHOWN FROM CENTERLINE) PROP BUILDING PAD (TYP) Know what's below. Call before you dig. v 1VF1M4&CREED v 8020 Tower Point Drive Charlotte, North Carolina 28227 Phone: (704) 841-2588, Fax: (704) 841-2567 NC License# F-1222 www. mcki mcreed .co m APPROX. C/L LOCATION INTERMITTENT STREAM B (1,321 LF) HEADWALL PROP. 5' SIDEWALK (TYP) PROP. 8' PLANTING AREA (TYP) PROP. 2.0' CURB & GUTTER (TYP) MONROE CROSSING PATTON AVENUE UNION COUNTY, MONROE, NORTH CAR LINA CONCEPTUAL STREAM CROSSING DATE: AUGUST2020 MCE PROJ. # 07780-0002 DRAWN JPM DESIGNED JLM CHECKED KJC PROJ. MGR. KJC DRAWING NO. SCALE HORIZONTAL: 2 V. = 40' 2OF5 VERTICAL: N/A REVISION STATUS: PRELIMINARY NOT FOR CONSTRUCTION Know what's below. Call before you dig. v 1V�I�VI�CREED v 8020 Tower Point Drive Charlotte, North Carolina 28227 Phone: (704) 841-2588, Fax: (704) 841-2567 NC License# F-1222 www. mcki mcreed .co m A1F; A15 I I PEDESTRIAN RAIL. a cd 0 + (NP) 610 I 0 o I 610 a PROP. 5' CONC. SIDEWALK H TOP: 6 6 .25 �j j SNP) PROP. 2. 'CURB & GUTTER M I P) I 605 I I HW TOP• 603.50 605 APPROX. EX. S EAM CIL G ADE —41 �8 FRCp INV IN: 601.63 3s3/I PROP. CAST-IN-P -ACE REINFORCE CONCRETE HEA WALL ( P) 600 � � � 600 — — INV OUT: 598,55 595 I I PROP. R PRAP A RON 595 L=15' 592 592 O i0 O O O i0 i0 co 0) 00 O C4 O LO O CO co O i0 O O O O o O O O O O O 0 0 0 0 0 0 O O O O O O O O O O O (D O (D �o to O O O O O 9+00 9+50 1 0+00 1 0+50 1 1 +00 1 1 +50 1 2+00 V=40' (HORIZ.) 40' 0 40' 80' 4' 0 4' 8' V=4' (VERT.) MONROE CROSSING PATTON AVENUE UNION COUNTY, MONROE, NORTH CAR LINA C/L STREAM AT ROAD A PROFILE DATE: AUGUST2020 MCE PROJ. # 07780-0002 DRAWN JPM DESIGNED JLM CHECKED KJC PROJ. MGR. KJC DRAWING NO. SCALE HORIZONTAL: 3 V. = 40' 3OF5 VERTICAL: 1"=4' REVISION STATUS: PRELIMINARY NOT FOR CONSTRUCTION 0- Know what's below. Call before you dig. v 1VF1M4&CREED v 8020 Tower Point Drive Charlotte, North Carolina 28227 Phone: (704) 841-2588, Fax: (704) 841-2567 NC License# F-1222 www. mcki mcreed .co m s9n s9n U 0 Q Q 0 00 QO 0 J .. 615 0 U 615 J � U c) PROP. GRAD 610 610 / / i 605 \ i / 605 EX. G ADE _ 600 — 48" IRCP 600 PIPE INVERT BURIED 1' 595 595 —0+50 0+00 1 +00 2+00 V=40' (HORIZ.) 40' 0 40' 80' 4' 0 4' 8' V=4' (VERT.) MONROE CROSSING PATTON AVENUE UNION COUNTY, MONROE, NORTH CAR LINA C/L ROAD A AT STREAM CROSSING DATE: AUGUST2020 MCE PROJ. # 07780-0002 DRAWN JPM DESIGNED JPM CHECKED KJC PROJ. MGR. KJC DRAWING NO. SCALE HORIZONTAL: 4 V. = 40' 4OF5 VERTICAL: 1"=4' REVISION STATUS: PRELIMINARY NOT FOR CONSTRUCTION S1 : 120 LF PERMANENT STREAM IMPACT (100 LF LINEAR) 80 LF 48" RCP (2) HEADWALLS S2- 15 LF RIPRAP DOWNSTREAM S3: 20 LF TEMPORARY IMPACT BYPASS PUMP SYSTEM (10 LF IMPACT UPSTREAM 10 LF IMPACT DOWNSTREAM) APPROX. C/L LOCATION INTERMITTENT STREAM B DISCHARGE HOSE ENERGY DISSIPATION FLOW IMPERVIOUS DIKE SUCTION HOSE �� FLOw -a e ✓ F`aw PROJECT TOP OF BANK DEWATERING DEVICE WORK AREA NOTE: ANCHOR ALL PUMPS AND PIPES SECURELY BYPASS PUMPING DETAIL v 1VFfM4&CREED v 8020 Tower Point Drive Charlotte, North Carolina 28227 Phone: (704) 841-2588, Fax: (704) 841-2567 NC License# F-1222 www. mcki mcreed .co m NOT TO SCALE PROP.HEA DE-WATE E — q MONROE CROSSING PATTON AVENUE UNION COUNTY, MONROE, NORTH CAR LINA BY-PASS PUMPING DETAIL )CATION 5 DIKE )WALL Know what's below. Call before you dig. DATE: AUGUST2020 MCE PROJ. # 07780-0002 DRAWN JPM DESIGNED JPM CHECKED KJC PROJ. MGR. KJC SCALE DRAWING NO. 5 HORIZONTAL: V. = 40' 5OF5 VERTICAL: N/A REVISION STATUS: PRELIMINARY NOT FOR CONSTRUCTION Monroe Crossing Patton Ave. Attachments August 28, 2020 CWS Project No. 2019-0419 ATTACHMENT E: Protected Species Habitat Assessment Report CAROLINA WETLAND SERVICES, INC. 550 E. Westinghouse Blvd. Charlotte, NC 28273 704-527-1177 (office) 704-527-1133 (fax) July 20, 2020 Kent Olson Development Solutions Group, LLC 11121 Carmel Commons Blvd. #360 Charlotte, NC 28226 Subject: Protected Species Survey Monroe Crossing Patton Ave. Monroe, North Carolina CWS Project No. 2019-0419 Dear Mr. Olson, The Development Solutions Group, LLC has contracted Carolina Wetland Services, Inc. (CWS) to provide a protected species habitat assessment and survey for the Monroe Crossing Patton Ave. site. The Monroe Crossing Patton Ave. site (Union County Tax Parcel No. 09267129) is approximately 20 acres in extent and is located west of the Skyway Drive and West Roosevelt Boulevard interchange in Union County, North Carolina (Figure 1, attached). Methods In -office Desktop Review To determine which protected species are listed as occurring or potentially occurring within the project vicinity and prior to conducting the on -site field investigation, CWS consulted the United States Fish and Wildlife Service (USFWS) Endangered and Threatened Species and Species of Concern by County for North Carolina online database for Union County'. In addition, CWS performed a data review using the North Carolina Natural Heritage Program (NCNHP) Data Explorer2 on July 9, 2020 to determine if any record occurrences of federally -listed, candidate endangered, threatened species, or critical habitat are located within the project limits. Typical habitat requirements for listed species were discerned from multiple USFWS3 and NCNHP4 online resources including, but not limited to, specific USFWS species profiles, recovery plans, NCNHP's Guide to Federally Listed Endangered and Threatened Species of North Carolina, and List of the Rare Plant Species of North Carolina. United States Department of Agriculture - Natural Resources Conservation Service (USDA-NRCS) Web Soil Survey of Union County' and aerial imagery were also reviewed for potential habitat communities of listed ' United States Fish and Wildlife Service, Raleigh Field Office. Accessed July 9, 2020. Endangered and Threatened Species and Species of Concern by County for North Carolina. https://www.fws.gov/raleigh/species/cntylist/Union.html 2 North Carolina Natural Heritage Data Explorer. Accessed July 9, 2020. https://ncnhde.natureserve.org/. 3 U.S. Fish and Wildlife Service. 2006. Optimal Survey Windows for North Carolina's Federally Threatened and Endangered Plant Species. http://www.fws.gov/noes/es/plant_Survey.htmi. Accessed July 9, 2020. 4 Buchanan, M.F. and J.T. Finnegan. 2010. Natural Heritage Program List of the Rare Plant Species of North Carolina. NC Natural Heritage Program, Raleigh, NC. Accessed from https://www.fws.gov/raleigh/species/cntylisttnc_counties.html 5 United States Department of Agriculture, 2017. Web Soil Survey of Union County, North Carolina. Source: https://websoilsurvey.nres.usda.gov/app/HomePage.htm NORTH CAROLINA - SOUTH CAROLINA WWW.CWS-INC.NET Page 1 of 5 Monroe Crossing Patton Ave. Protected Species Assessment Report July 17, 2020 CWS Project No. 2019-0419 species within the project vicinity (Figures 2 and 3). Field Survey CWS scientist Aliisa Harjuniemi, PWS6 and Megan Shelton, WPIT7 conducted a pedestrian habitat assessment of the project area on June 24, 2020. Potential habitats for potentially occurring federally- protected species that were identified during the desktop review were assessed in the field for the quality of physical and/or biological features essential to the conservation of the applicable species. Additionally, during the pedestrian habitat assessment, areas were reviewed for applicable federally protected species. Identification references for natural communities include the National Land Cover Database (2011)$. An intensive survey for Schweinitz's sunflower and Michaux's sumac was conducted on July 14, 2020. Photographs 1-4 are representative of the site conditions at the time of the survey (Attachment B). Prior to the field work, CWS scientists visited a reference population of Helianthus schweinitzii on July 14, 2020 to determine the condition of its stem, leaves, and flowers. Based on the reference population, the above ground plant parts are identifiable and the plant was approximately five feet tall, but no flowers were present (Photographs 5 and 6). Results Based on the NCNHP data explorer review, there are no known occurrences of federally -protected species within the project limits or within a mile of the project limits (Attachment A). The USFWS lists three federally protected species for Union County (Table 1). Additionally, bald eagle is protected under the Bald and Golden Eagle Protection Act9. An official species list has not been obtained from the USFWS Asheville Field Office. Table 1. Unofficial List of Federally -Protected Species Potentially Occurring within the Monroe Crossing Patton Ave. Site, Union County, NC. Major Group Scientific Name Common Name Federal Status* Record Status Helianthus Schweinitz's Plant E Current schweinitzii sunflower Plant Rhus michauxii Michaux's sumac E Historic Animal Lasmigona Carolina heelsplitter E Current decorata Animal Haliaeetus Bald eagle BGPA Current leucocephalus * E - Endangered, T - Threatened, BGPA - Bald and Golden Eagle Protection Act Two terrestrial community types were identified within the project area during the field survey. These community types consist of mixed forest and open herbaceous areas (Figure 3). Of the identified on -site community types, the herbaceous areas may be considered potential habitat for federally threatened or endangered species that could potentially occur within the project 6 Professional Wetland Scientist, The Society of Wetland Scientists Professional Certification Training Program 7 Wetland Professional in Training, The Society of Wetland Scientists Professional Certification Training Program 9 MLRC. National Land Cover Database, 2011. https://www.mric.gov/nlcdll_leg.php 9 https://www.fws.gov/midwest/eagle/protectliaws.htmi Page 2 of 5 Monroe Crossing Patton Ave. Protected Species Assessment Report July 17, 2020 CWS Project No. 2019-0419 limits. A brief description of each species habitat requirements and determination of effect findings are listed below by species. Schweinitz's sunflower (Helianthus schweinitzii Habitat Description: Schweinitz's sunflower is a perennial herb with yellow rays and yellow centers. They can reach heights of five feet. Populations are limited to the piedmont of North and South Carolina. It has been listed as an Endangered species under the ESA since 1991.10 The typical habitat for this plant includes roadsides, old pastures, transmission line right-of-ways, open areas, either natural or human -maintained habitats, or edges of upland woods. Major characteristics of soils associated with suitable Schweinitz's sunflower habitat include thin soils, soils on upland interstream flats or gentle slopes, soils that are clay like in both composition and texture (and often with substantial rock fragments), soils that have a high shrinkage swell capacity, and those which vary over the course of the year from very wet to very dry. Biological Analysis: A NCNHP data record review did not reveal any records of Schweinitz's sunflower within a one -mile radius of the project area (Attachment A). The powerline right-of-way is infrequently maintained herbaceous area which can be potential habitat for the Schweinitz's sunflower (Figure 3: Photographs 1-4). An intensive survey was conducted on July 14, 2020 and no individuals of Schweinitz's sunflower were observed within the project area. Additionally, no individuals Schweinitz's sunflower were observed during the site visit conducted on June 24, 2020. As no individuals of Schweinitz's sunflower were observed within the project limits and there are no known populations within a mile from the project limits, CWS concludes that this project will have no effect on Schweinitz's sunflower. Michaux's sumac (Rhus michauxiil Habitat Description: Michaux's sumac is a rhizomatous shrub. It is densely hairy with compound leaves exhibiting evenly -serrated leaflets. Flowers are small, greenish to white, in terminal clusters. Fruits are red drupes produced from August to October. It has been listed as an Endangered species under the Endangered Species Act (ESA) since 1989.11 It is found on the coastal plains of Virginia to Florida, with most populations occurring in North Carolina. It prefers sandy or rocky open woods with basic soils, as well as, highway right-of-ways, roadsides, or edges of artificially -maintained clearings. Biological Analysis: An NCNHP data record review revealed that there are no current occurrences for this species within the project limits or within a one -mile radius of the project (Attachment A). An intensive survey was conducted on July 14, 2020 within the open areas and no 10 United States Fish and Wildlife Services. 1991. Endangered and Threatened Wildlife and Plants; Helianthus schweinitzii (Schweinitz's sunflower) Determined to be Endangered. hftp://ecos.fws.gov/docs/f`ederal_register/frl852.pdf. United States Fish and Wildlife Services. 1989. Endangered and Threatened Wildlife and Plants; Determination of Endangered Status for Rhus michawdi (Michau)es sumac). http://ecos.fws.gov/docs/federal_register/frl601.pdf. Page 3 of 5 Monroe Crossing Patton Ave. Protected Species Assessment Report July 17, 2020 CWS Project No. 2019-0419 individuals of Michaux's sumac were observed. No individuals Michaux's sumac were observed during the site visits conducted on June 24, 2020. Additionally, there are no current records of this species within Union County 12. Due to the lack of observed individuals and known occurrences within Union County, CWS concludes that this project will have no effect on Michaux's sumac. Carolina heelsplitter (Lasmigona decorata) Habitat Description: The Carolina heelsplitter was historically known from several locations within the Catawba and Pee Dee River systems in North Carolina and the Pee Dee and Savannah River systems, and possibly the Saluda River system in South Carolina. In North Carolina, the species is now known only from a handful of streams in the Pee Dee and Catawba River systems. The species exists in very low abundances, usually within 6 feet of shorelines, throughout its known range. The general habitat requirements for the Carolina heelsplitter are shaded areas in large rivers to small streams, often burrowed into clay banks between the root systems of trees, or in runs along steep banks with moderate current. Recently, the Carolina heelsplitter has been found in sections of streams containing bedrock with perpendicular crevices filled with sand and gravel, and with wide riparian buffers." Biological Analysis: There is one perennial stream located within the project limits that is potential habitat for the Carolina heelsplitter. However, according to the NCNHP data record review there are no current observances for this species within the project limits or within a one -mile radius of the project (Attachment A) and the project area is not within a designated critical habitat. This unnamed perennial tributary drains to Stewarts Creek through several culverts and its drainage area consists mostly of urban landscape, which is not conducive for this species. Therefore, CWS concludes that this project will have no effect on the Carolina heelsplitter. Bald eagle (Haliaeetus leucocephalus) The Bald and Golden Eagle Protection Act, 14 enacted in 1940, prohibits anyone without a permit issued, from "taking" bald eagles, including their parts, nests, or eggs. Habitat for the bald eagle includes cliffs and forested areas typically within 1.0 mile of estuaries, large lakes, reservoirs, rivers, seacoast, and as they become more abundant, stands of undisturbed forest. A desktop-GIS assessment of the project study area, as well as, the area within a 1 mile radius of the project limits, was performed on July 14, 2020 using 2020 color aerials. No water bodies large enough or sufficiently open to be considered potential feeding sources were identified. Since there was no foraging habitat within the review area, a survey of the project study area and the area within the project limits was not conducted. Additionally, a review of the NCNHP database on July 9, 2020 revealed no known occurrences of this species within 1.0 mile of the project study area. Due to the lack of habitat and known occurrences, CWS concludes that this project will have no effect on this species. 12 USFWS Michaux's Sumac Recovery Plan; https://ecos.fws.gov/docs/recovery_plan/930430.pdf 13 NCDOT TE Animal Habitat Descriptions. 2015. https://con nect. ncdot.gov/resources/Environmental/Compliance%20G u ides%20and%20 Procedu resfTE%2OAni mal %20 Habitat% 20Descri ptions%2OMar_6_2015. pdf 14 https://www.fws.gov/midwest/MidwestBird/eaglepermits/bagepa.html Page 4 of 5 Monroe Crossing Patton Ave. Protected Species Assessment Report July 17, 2020 CWS Project No. 2019-0419 Summary Based on a literature search and the results of the on -site assessment for potential habitat of federally -protected endangered, and threatened species, potential habitat was not observed for bald eagles. Therefore the proposed project will have no effect on this species. The perennial streams provide potential habitat for Carolina Heelspitter. However, the project area is outside of critical habitat designated for this species. Potential habitats for Schweinitz's sunflower and Michaux's sumac were surveyed, but no individuals of these species were found on July 14, 2020. Therefore, the project as proposed is not likely to directly or indirectly jeopardize the continued existence of these species. Biological determinations requirements for federally protected species are summarized in Table 2. Table 2. Biological Determination Requirements Summary Table for Federally Protected Species Federal Effect on Listed Biological Scientific Name Common Name Status* Species Determination Required Helianthus schweinitzii Schweinitz's sunflower E No effect No Rhus michauxii Michaux's sumac E No effect No Lasmigona decorata Carolina heelsplitter T No effect No Haliaeetus Bald eagle BGPA No Effect No leucocephalus * E - Endangered, T - Threatened, BGPA - Bald and Golden Eagle Protection Act ** MANLAA - May affect but not likely to adversely affect The lead federal agency will determine if written concurrence from the USFWS is required based on the findings of this report. Thank you for the opportunity to provide these services on this important project. Please do not hesitate to contact Aliisa Harjuniemi at 980-259-1222 or aliisa@cws-inc.net should you have any questions or comments regarding this report. Sincerely, /�" A"-Co� Aliisa Harjuniemi, PWS Senior Project Scientist Attachments: Figure 1: USGS Topographic Map Figure 2: USDA-NRCS Current Soil Survey of Union County Figure 3: Aerial Map Attachment A: NCNHP Data Review Report Attachment B: Representative Photographs (1-6) Page 5 of 5 rt. First Asxmbty -- Christrm 5dr - p - R fin R t 0 La44 Slxnrng Llc�x �_ •.,Baptist Acacf P1u[er •� W Lake 60 � sp 13 DIP Py LI a ` FUCF+a - Monroe _ - 4' d4 yr= tiG �t.i l oy b^ AFARD ST r�.. KING Sr . I. Benton Hnp�ts • - '+' _ Clem 5ch d .. the Arts --. ST TON Rp F �' $ N CHURCH S T-- U- 1 - '1 - -H—�CROWs7 ~ W IRANKON ST mil- I n • _ Legend nov.sT Project Limits (20 ac.) A, 2, 000 1, 000 0 2,000 Feet REFERENCE: USGS 7.5 MINUTE TOPOGRAPHIC QUADRANGLE(S): BAKERS AND MONROE, NC (2018). C SCALE: DATE: FIGURE NO. 1 inch = 2,000 feet 12/17/2019 USGS Topographic Map CWS PROJECT NO: DRAWN BY: 2019-0419 JKM Monroe Crossing Patton Ave COORDINATES: CHECKED BY: C A R❑ L I N A Union County 35.000081,-80.558358 CAG WETLAND SERVICES Monroe, North Carolina G:\Shared drives\Consulting Team Drive\2019\2019 Consulting Projects\2019-0419 Monroe Crossing Patton Ave\JD\ArcGIS\Figure2_USGS.mxd G:\Shared drives\Consulting Team Drive\2019\2019 Consulting Projects\2019-0419 Monroe Crossing Patton Ave\JD\ArcGIS\Figure4_CurrentSoil.mxd G:\Shared drives\Consulting Team Drive\2019\2019 Consulting Projects\2019-0419 Monroe Crossing Patton Ave\PETS\ArcGIS\Figure3_Aerial - PETS.mxd Monroe Crossing Patton Ave. Attachments July 20, 2020 CWS Project No. 2019-0419 ATTACHMENT A: NCNHP Data Review Report a IIIIIIIII Ray Cooper, Governor •� 0 NC DEPARTMENT OF Susi Hamilton, Secretary No,!No NATURAL AND CULTURAL RESOURCES i man Walter Clark, Director, Land and Water Stewardship N CN H DE-12427 July 9, 2020 Megan Shelton Carolina Wetland Services 550 East Westinghouse Blvd Charlotte , NC 28273 RE: Monroe Crossing Patton Avenue; 2019-0419 Dear Megan Shelton: The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources for the project referenced above. Based on the project area mapped with your request, a query of the NCNHP database indicates that there are no records for rare species, important natural communities, natural areas, and/or conservation/managed areas within the proposed project boundary. Please note that although there may be no documentation of natural heritage elements within the project boundary, it does not imply or confirm their absence; the area may not have been surveyed. The results of this query should not be substituted for field surveys where suitable habitat exists. In the event that rare species are found within the project area, please contact the NCNHP so that we may update our records. The attached 'Potential Occurrences' table summarizes rare species and natural communities that have been documented within a one -mile radius of the property boundary. The proximity of these records suggests that these natural heritage elements may potentially be present in the project area if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile radius of the project area, if any, are also included in this report. If a Federally -listed species is found within the project area or is indicated within a one -mile radius of the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for guidance. Contact information for USFWS offices in North Carolina is found here: httos://www.fws.aov/offices/Directory/ListOffices.cfm?statecode=37. Please note that natural heritage element data are maintained for the purposes of conservation planning, project review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions. Information provided by the NCNHP database may not be published without prior written notification to the NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NCNHP data may not be redistributed without permission. The NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature Preserve, Registered Heritage Area, Clean Water Management Trust Fund easement, or Federally -listed species are documented near the project area. If you have questions regarding the information provided in this letter or need additional assistance, please contact Rodney A. Butler at rod nev.butler(cbncdcr.aov or 919-707-8603. Sincerely, NC Natural Heritage Program DEPARTMENT OF NATURAL AND CULTURAL RESOURCES 121 W JONES STREET. RALEIGH- NC 27803 • 1rSI HAIL SFNVK:E c.£r�TI;R. PAL DGH, Nz 27G99 OFC J19.707.9120 • FAX 919,70_ 9SV1 3 : ( yCD ® \ / \ \ a // / O \ e / a o � � ƒ % e / o e j t % / % z \\ §2 / n e 2 y ® \ 0 LO � \ / s2 2 H j9 / 5§ E \z \ tz \ u c/ 5 m / / \3 �7 / /j \D ID }\ ± / [ % / ® - : < < & _0 III/ 0 x O : \/\o\ \ /%00— _ m* a a g ®/66e 9 m e \/ eeee\ / G \ U) e/u\/ (D m 4 / 4 C. \ \ \ / \ \ // Z \ u \ 0 ° 0 �/ \ \ \\ ® J \\ % Z 5 \ 0 ƒD : 6 ( / / o ± ® ° § & E \ » \ \ \ u \ \ \\ 0 ƒ O e �\ E e c \\ \ cm\ \ / / ( m ° \ % \ \ '§ 2 \ \ m .[ \ . m 2 e e t ° E °° 3 E \ / E. _ / 3e _ /e \ j / \\ \ / \ /{ J C ° / \� � \ \� % \ 4 :/ / / 2 / \ / \ / \ \/ § \ % E / = — Z E n \o /\ ■/ / / \ ) \ \ 2 O M Monroe Crossing Patton Ave. Attachments July 20, 2020 CWS Project No. 2019-0419 ATTACHMENT B: Representative Photographs (1-6) Monroe Crossing Patton Ave. Photopage July 20, 2020 CWS Project No. 2019-0419 Photograph 1. Potential habitat for Schweinitz's sunflower, facing northeast. .k L • l - 4 F : 5 t Photograph 2. Potential habitat for Schweinitz's sunflower, facing southwest. Photopage 1 of 3 Monroe Crossing Patton Ave. July 20, 2020 Photopage CWS Project No. 2019-0419 Photograph 3. Potential habitat for Schweinitz's sunflower, facing southeast Photograph 4. Potential habitat for Schweinitz's sunflower, facing northwest. Photopage 2 of 3 Monroe Crossing Patton Ave. July 20, 2020 Photopage CWS Project No. 2019-0419 Photograph 5. Schweinitz's sunflower reference population (July 14, 2020). Photograph 6. Schweinitz's sunflower reference population (July 14, 2020). Photopage 3 of 3