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HomeMy WebLinkAbout20201132 Ver 1_Towns of Cannon PCN compiled_20200903WEPG Preliminary ORM Data Entry Fields for New Actions Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. SAW — 2019 - 02172 BEGIN DATE [Received Date]: Prepare file folder ❑ Assign Action ID Number in ORM ❑ 1. Project Name [PCN Form A2a]: The Towns at Cannon 2. Work Type: Private Fv_1 Institutional ❑ Government ❑ Commercial ❑ 3. Project Description / Purpose [PCN Form 133d and 133e]: Nationwide Permit application for a residential development 4. Property Owner / Applicant [PCN Form A3 or A4]: Tyson Reilly (Applicant) 5. Agent / Consultant [PCN Form A5 —or ORM Consultant ID Number]: WEPG, PLLC c/o Heath Caldwell 6. Related Action ID Number(s) [PCN Form 135b]: 7. Project Location - Coordinates, Street Address, and/or Location Description [PCN Form 131b]: 35.27792 N,-80.79818 W, 1515 Cannon Ave, Charlotte, NC 28269 8. Project Location -Tax Parcel ID [PCN Form 131a]: 04507101, 04507209, 04509301 9. Project Location —County [PCN Form A2b]: Mecklenburg 10. Project Location — Nearest Municipality or Town [PCN Form A2c]: Charlotte 11. Project Information — Nearest Waterbody [PCN Form 132a]: Little Sugar Creek 12. watershed / 8-Digit Hydrologic Unit Code [PCN Form 132c]:Lower Catawba / 03050103 Authorization: Section 10 ❑ Section 404 Regulatory Action Type: ❑ Standard Permit U Nationwide Permit # 29 ❑ Regional General Permit # Jurisdictional Determination Request �✓ Section 10 & 404 ❑ ❑Pre -Application Request Unauthorized Activity ❑ Compliance ❑ No Permit Required Oa ks]111141L160% Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. September 3, 2020 Mr. David L. Shaeffer U.S. Army Corps of Engineers Asheville Regulatory Field Office 151 Patton Avenue Asheville, NC 28801-5006 Mr. Alan Johnson NCDENR Division of Water Resources 610 East Center Street, Suite 301 Mooresville, NC 28115 Mr. Paul Wcjoski NCDENR Division of Water Resources Wetlands & Storm Water Branch 512 North Salisbury Street Raleigh, NC 27604 Mr. Byron Hamstead U.S. Fish and Wildlife Service Asheville Field Office 160 Zillicoa St. Asheville, NC 28801 Subiect: SAW-2019-02172; Pre -Construction Notification for NWP 429 for The Towns at Cannon site in Charlotte, Mecklenbum County, North Carolina Messrs. Roden -Reynolds, Johnson, Wojoski and Hamstead, Enclosed is a request for Nationwide Permit 929 for The Towns at Cannon site on +/- 42 acres northwest of the intersection of Cannon Avenue and North Graham Street in Charlotte, NC. The site is a proposed residential development and consists of five streams and eight wetlands. A preliminary jurisdictional determination request was previously submitted and approved by USACE (D. Shaeffer) on 1/3/2020. Please refer to the Jurisdictional Determination and Approvals sections for information on onsite surface waters. As shown on the attached exhibits, the proposed project will include permanent impacts to two streams and two wetlands for road crossings and minor temporary impacts for utility installation. Overall impacts to site surface waters associated with the proposed development were limited through site selection location, design, and the location/orientation of the proposed lots and access routes. Total permanent impacts proposed include 128 linear feet of stream impact Charlotte Office: 10612-D Providence Rd. PMB 550 Charlotte, NC 28277 (704)904-2277 len. ri ndner@wetlands-epg.com www.wetiands-epg.com Asheville Office: 1070 Tunnel Rd., Bldg. I Suite 10, PM 283 Asheville, NC 28805 Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. (Stream A and Stream B) and 0.133 acres of wetland impacts (Wetlands T and U). It was not possible to avoid impacts further due to the centralized location of the stream bisecting the site and the connections to existing roadways required by the City. These crossings were necessary due to City connectivity requirements as well as constraints from existing sewer line infrastructure and onsite stream buffers. Charlotte DOT required crossing Stream A to provide connectivity from Cannon Avenue to the protected intersection at West Sugar Creek Road. The crossing location was chosen to avoid the confluence of Stream A and Stream C. The applicant has demonstrated substantial avoidance and minimization efforts in which 93% of the 2,978 linear feet of stream channel and 90.5% of the 1.4 acres of wetlands will be avoided. Efforts of impact minimization were implemented during the design process to preserve the existing hydrology and limit adverse effects to existing, onsite natural habitat. Headwalls are proposed at each crossing and, where possible, 2:1 slopes will be implemented to limit impacts to site surface waters. With the approval of CDOT, the road was narrowed from 70 feet to 56 feet to avoid impacts to the surrounding wetlands and shifted to cross Stream A perpendicularly. Sidewalks were not narrowed due to anticipated low traffic speeds and higher than normal pedestrian activity. Roughly six acres of the site will be dedicated to the Mecklenburg County Park and Recreation Department and include extensive trail networks, a portion of which include public sidewalks on the main spine road where a planting strip separation will provide an added level of safety. Additionally, the developer purchased additional land near Wetland V to allow the road to enter the site from West Sugar Creek Road without impacts. To minimize the impacts at the crossing of Stream B, the sidewalk will be installed directly behind the curb. In attempts to better quantify the functional capacity of the onsite reach, a NCSAM (Version 2.1) was conducted for Stream B and a NCWAM for Wetland T. Results of the NCSAM were skewed by the streamside area and stream buffer metrics as the abutting stream area is composed of a wide, connected forested area. Overall results of the NCSAM indicated a medium Functional Class rating for the onsite reach. However, considering the moderately degraded streambanks, excessive sedimentation, limited to no base flow and flash flows from surrounding stormwater inputs and lack of in -stream habitat, any potential for stream rehabilitation and habitat development is severely restricted. Please refer to the NCSAM Stream Assessment section for metrics scores and ratings summaries. Results of the NCWAM indicated a low Functional Class Rating due to the >10% of impervious surfaces surrounding the site, low vegetation diversity, low water quality, and lack of habitat as detailed in the attached NCWAM. To compensate for the anticipated permanent impacts to onsite wetlands, the applicant is proposing payment to the North Carolina Division of Mitigation Services In -Lieu Fee Program at a 1:1 ratio for 0.045 acres of impacts to Wetland T and 56 linear feet of impacts to Stream B. This proposed compensation is justified above and in the attached NCSAM/WAM forms. A 2:1 ratio is proposed for 72 linear feet of impacts to Stream A and 0.106 acres of impacts to Wetland U. Also enclosed is a copy of our Threatened/Endangered Species Evaluation for the site. No listed species were identified within the project area and we believe that there will be no effect on listed species, or their critical habitat as designated under Section 7 of the Endangered Species Charlotte Office: vrww.wetlands-epg.com Asheville Office: 10612-D Providence Rd. 1070 Tunnel Rd., Bldg. I PMB 550 Suite 10, PM 283 Charlotte, NC 28277 Asheville, NC 28805 (704)904-2277 2 len. ri ndner@wetlands-epg.com Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. Act. Please refer to the Threatened and Endangered Species Evaluation Section for additional details on the terrestrial species evaluation. Thank you for your consideration and please contact me if you have any questions, (336)554-2728 or email at daniel.kueflergwetlands-epg.com. Sincerely, i Daniel Kuefler Len Rindner, PWS Environmental Scientist Principal Charlotte Office: 10612-D Providence Rd. PMB 550 Charlotte, NC 28277 (704)904-2277 len.rindner@wetlands-epg.com www.wetiands-epg.com Asheville Office: 1070 Tunnel Rd., Bldg. I Suite 10, PM 283 Asheville, NC 28805 C O V d d Q L. N CL Permit Application w A rE�QG T. 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: ❑X Section 404 Permit ❑ Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: 29 or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? ❑ Yes ❑X No 1d. Type(s) of approval sought from the DWQ (check all that apply): ❑X 401 Water Quality Certification — Regular ❑X 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 ❑X No For the record only for Corps Permit: ❑ Yes ❑X 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. ❑X Yes ❑ No 1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ❑ Yes ❑X No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ❑X No 2. Project Information 2a. Name of project: Towns at Cannon 2b. County: Mecklenburg 2c. Nearest municipality / town: Charlotte 2d. Subdivision name: 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: Eddie Flow 3b. Deed Book and Page No. 04548/782 3c. Responsible Party (for LLC if applicable): 3d. Street address: 5527 Manning Road 3e. City, state, zip: Charlotte, NC 28269 3f. Telephone no.: 704-596-2509 3g. Fax no.: 3h. Email address: Page 1 of 10 PCN Form — Version 1.4 January 2009 4. Applicant Information (if different from owner) 4a. Applicant is: ❑ Agent ❑X Other, specify: Developer 4b. Name: Tyson Reilly 4c. Business name (if applicable): The Ardent Companies 4d. Street address: 2100 Powers Ferry Road, St. 350 4e. City, state, zip: Atlanta, GA, 30339 4f. Telephone no.: 803-548-4656 4g. Fax no.: 4h. Email address: treilly@theardentcompanies.com 5. Agent/Consultant Information (if applicable) 5a. Name: Daniel Kuefler 5b. Business name (if applicable): Wetlands & Environmental Planning Group, PLLC 5c. Street address: 10612-D Providence Road, PMB 550 5d. City, state, zip: Charlotte, NC 28277 5e. Telephone no.: 336-554-2728 5f. Fax no.: 5g. Email address: daniel.kuefler@wetlands-epg.com Page 2 of 10 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 04507101, 04507209, 04509001 1 b. Site coordinates (in decimal degrees): Latitude: 35.27792 Longitude:-80.79818 1c. Property size: 41.75 acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: Little Sugar Creek 2b. Water Quality Classification of nearest receiving water: C 2c. River basin: Catawba/ 03050103 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 site consists of wooded slopes and stream corridors of small tributaries to Little Sugar Creek. The topography consists of gentle slopes with the elevation ranging from 750 to 790 ft. 3b. List the total estimated acreage of all existing wetlands on the property: 1.4 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 2,978 3d. Explain the purpose of the proposed project: Construction of road crossings, utility installations, and BMPs for a residential development. 3e. Describe the overall project in detail, including the type of equipment to be used: Fill and grading of the site will use standard equipment, excavator, dump truck, track hoe, etc. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project(including all priorphases) in thepast? ❑X Yes ❑ No ❑ Unknown Comments: SAW-2019-02172 4b. If the Corps made the jurisdictional determination, what type of determination was made? ❑X Preliminary ❑ Final 4c. If yes, who delineated the jurisdictional areas? Name (if known): Nic Nelson Agency/Consultant Company: WEPG Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. This site was verified by D. Shaeffer (USACE) on 02/06/20. A copy of the signed JD approval is included in the Approvals section. 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? ❑Yes ❑X No ❑ Unknown 5b. If yes, explain in detail according to "help file" instructions. 6. Future Project Plans 6a. Is this a phased project? ❑ Yes ❑X No 6b. If yes, explain. Page 3 of 10 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): ❑X Wetlands ❑X 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. 2b. 2c. 2d. 2e. 2f. Wetland impact Type of impact Type of wetland Forested Type of jurisdiction Area of number Corps (404,10) or impact Permanent (P) or DWQ (401, other) (acres) Temporary T W1 P Culvert Bottomland Hardwood Forest Yes Corps 0.045 W2 P Culvert Bottomland Hardwood Forest Yes Corps 0.099 W3 P Fill Bottomland Hardwood Forest Yes Corps 0.007 W4 T Fill Bottomland Hardwood Forest Yes Corps 0.019 W5 Choose one Choose one Yes/No W6 Choose one Choose one Yes/No 2g. Total Wetland Impacts: 0.17 2h. Comments: W1-Wetland T W2-Wetland U W3-Wetland U W4- Wetland U 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. 3b. 3c. 3d. 3e. 3f. 3g. Stream impact Type of impact Stream name Perennial (PER) or Type of Average Impact number intermittent (INT)? jurisdiction stream length Permanent (P) or width (linear Temporary (T) (feet) feet) S1 P Culvert Stream B INT Corps 4 56 S2 P Culvert Stream A PER Corps 4 72 S3 T Stabilization Stream A PER Corps 4 25 S4 T Stabilization Stream A PER Corps 4 10 S5 T Stabilization Stream A PER Corps 4 10 S6 Choose one 3h. Total stream and tributary impacts 173 3i. Comments: Page 4 of 10 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 indivi ually 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, the 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 5 of 10 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. Impacts associated with the proposed development were limited through site selection, design, and location/orientation of the proposed lots and access routes. The Stream A crossing location was chosen to avoid the confluence of Stream A and Stream C. Roughly 6 acres of the site will be dedicated to Mecklenburg County Parks and Recreation Department as well. Please refer to the cover letter for additional details. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Headwalls are proposed at each crossing and where possible 2:1 slopes will be implemented to limit impacts to site surface waters. With the approval of CDOT, the road was narrowed from 70' to 56' to avoid impacts to the surrounding wetlands and shifted to cross Stream A perpendicularly. The crossing at Stream B was minimized by shifting the pedestrian sidewalk directly behind the curb. The developer purchased additional land near Wetland V to allow the road to enter the site from West Sugar Creek Road without impacts. 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? ❑X Yes ❑ No MeeklenblbllFg 2b. If yes, mitigation is required by (check all that apply): ❑ DWQ ® Corps 2c. If yes, which mitigation option will be used for this project? ❑ Mitigation bank ❑X Payment to in -lieu fee program ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type: 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. ❑X Yes 4b. Stream mitigation requested: 128 linear feet 4c. If using stream mitigation, stream temperature: warm 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: 0.133 acres 4f. Non -riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: 1:1 compensation ratio proposed for Wetland T and Stream B. See NCSAM/WAM for justification. 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. Page 6 of 10 PCN Form — Version 1.4 January 2009 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 ❑ Yes ❑X No buffer mitigation? 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. 6c. 6d. 6e. Zone Reason for impact Total impact Multiplier Required mitigation (square feet) (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund). 6h. Comments: Page 7 of 10 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. ❑ Yes ❑ No 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 39.07 % 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: Storm water on the site will be handled by facilities shown on the attached plans. The stormwater plan has not yet been submitted to Mecklenburg County but will be designed to meet their criteria. 2e. Who will be responsible for the review of the Stormwater Management Plan? Mecklenburg County 3. Certified Local Government Stormwater Review 3a. In which localgovernment's jurisdiction is thisproject? Mecklenburg County ❑X Phase II ❑ NSW 3b. Which of the following locally -implemented stormwater management programs ❑ USMP apply (check all that apply): ❑ 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 ❑HQW 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 ❑X 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 8 of 10 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 0 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)? 1c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval ❑ Yes ❑ No letter.) 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 0 No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after -the -fact permit application? ❑Yes 0 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 0 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. No additional phases are proposed at this time. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. Wastewater generated on the site will be transported to the nearest treatment facility via sewer lines. Page 9 of 10 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 ❑ Yes ❑X 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? 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. 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? No essential 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 ❑ 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? SHPO's website: https://nc.maps.arcgis.com/ 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 requirements: 8c. What source(s) did you use to make the floodplain determination? www.fema.gov https://polaris3g.meeklenburgcountyne.gov/ Daniel Kuefler I ,2-.:,-, �e� Applicant/Agent's Printed Name Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant isprovided.) Page 10 of 10 Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. Agent Authorization Letter The purpose of this form is to authorize our firm to act on your behalf in matters related to aquatic resource (i.e. stream/wetlands) identification/mapping and regulatory permitting. The undersigned, who are either registered property owners or legally authorized to conduct due diligence activities on the property as identified below, do hereby authorize associates of Leonard S. Rindner, PLLC, Wetlands and Environmental Planning Group (WEPG) to act on my behalf and take all actions necessary for the processing, issuance, and acceptance of applicable permit(s) and/or certification(s). Project/Site Name: The Towns at Cannon site Property Address: NW of intersection of W Sugar Ck Rd & Cannon Avenue, Charlotte, NC Parcel Identification Number (PIN): 04507209, 04507101, 04509301 Select one: I am other Name: Tyson Reilly Company: The Ardent Companies Mailing Address: 2100 Powers Ferry Road, St. 350, Atlanta, GA 30339 Telephone Number: 803-548-4656 treilly@theardentcompanies.com Electronic Mail Address: 7 Tyson Reilly (Director) - The Ardent Companies September 19th, 2019 Property Owner / Interested Buyer* / Other* Date * The Interested Buyer/Other acknowledges that an agreement and/or formal contract to purchase and/or conduct due diligence activities exists between the current 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 2880S (704)904-2277 I en. ri ndner@wetlands-epg.com ROY COOPER Governor MICHAEL S. REGAN Secretary TIM BAUMGARTNER Director Tyson Reilly The Ardent Companies 2100 Powers Ferry Road Atlanta, GA 30339 Project: The Towns at Cannon NORTH CAROLINA Environmental Quality August 14, 2020 Expiration of Acceptance: 2/14/2021 County: Mecklenburg The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to accept payment for compensatory mitigation for impacts associated with the above referenced project as indicated in the table below. Please note that this decision does not assure that participation in the DMS in - lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will be approved. You must also comply with all other state, federal or local government permits, regulations or authorizations associated with the proposed activity including G.S. § 143-214.11. This acceptance is valid for six months from the date of this letter and is not transferable. If we have not received a copy of the issued 404 Permit/401 Certification within this time frame, this acceptance will expire. It is the applicant's responsibility to send copies of the permits to DMS. Once DMS receives a copy of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the in -lieu fee to be paid by an applicant is calculated based upon the Fee Schedule and policies listed on the DMS website. Based on the information supplied by you in your request to use the DMS, the impacts for which you are requesting compensatory mitigation credit are summarized in the following table. The amount of mitigation required and assigned to DMS for this impact is determined by permitting agencies and may exceed the impact amounts shown below. River Basin Impact Location (8-digit HUC) Impact Type Impact Quantity Catawba 03050103* Riparian Wetland 0.133 Catawba 03050103* Warm Stream 128 *DMS proposes to utilize the Catawba 03 Expanded Service Area to meet the mitigation requirement. Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The mitigation will be performed in accordance with the In -Lieu Fee Program instrument dated July 28, 2010. Thank you for your interest in the DMS in -lieu fee mitigation program. If you have any questions or need additional information, please contact Kelly.Williams@ncdenr.gov. cc: Daniel Kuefler, agent Sincerely, FOR James. B Stanfill Asset Management Supervisor NORTH CAROLINAD Department of Emironmental Wality North Carolina Department of Environmental Quality I Division of Mitigation Services 217 W. Jones Street 11652 Mail Service Center I Raleigh, North Carolina 27699-1652 919.707.8976 ►0 Maps/Plans III Park New3n �`L•�,n; �b `�rr Park �e MINERAL SPRINGS r. DERITA s f 1 •4, DE ATESYILLE m v SITE t HIDDEN VALLEY ATANDO 29 JUNCTION Flom.; • y q, r � 3f. LVbing -TRYDN HILLS 9c'1915Micro= is S VICINITY MAP LOCATION Lat: 35.27792 °N, Long:-80.79818 °W HUC: 03050103 (Lower Catawba) �m R St x `N a\es Q m �O a�a �` Approximate Site o o�e`a caF Location (Not to scale) Z Moss Supply Company ay Inn ive ityArea � O Days Inn hPiq Charlotte is, aRa North -Speed... u ii Cd'nonq�e� cken Box IM i -National Tire Red Roo YJ Cook Out Wholesale v o Unive... �a Cannon i 3 L Q L Q+ m 41 �4olpme0 t D1 40 IV 40 Service Rd Sunbelt �Vt Rentals Motel 6 a;end A Charlotte - 1L. Wendys OAd ��tEtSt Un ivers ity Wilson Ln continental inn �YV �u�dget- Taco Bell " Inn 500 feet 100 m Bing Charlotte �' ©2019HERE, ©OpenStreetMap Acres: THE TOWNS AT CANNON Drawn By: Reviewed By: (+/-) 41.75 Mecklenburg County, NC PJK ALL FIGURE 1 VICINITY MAP Prepared for: 09112119 The Ardent Companies Approximate Location, For Study Purposes Only , ..r. Subject to USACE and NCDEQ Verification 2019 Aerial Map A. Project Boundary Study Limits F I (+/-) 41.75 acres `f 1' a 4 LOCATION (j 0. — _ Lat: 35.27792 9N, Long:-80.79818 9W ar HUC: 03050103 (Lower Catawba) evel a ml Acres: THE TOWNS AT CANNON Drawn By: Reviewed By: (+/-) 41.75 Mecklenburg County, NC PJK ALL FIGURE 2 2019 Aerial Map —Approximate Location Prepared for: 09112119 The Ardent Companies For Study Purposes Only Subject to USACE and NCDEQ Verification USGS MAP - Derita, NC Quadrangle (1993) 12 IT Ib rt* a a r 1 r • •j�L� �. Project Boundary , ' * $ I r _ r + Study Limits 7,9 f! : • ■ ■ i � ■ •� �.� 1 (+/-) 41.75 acres �4 = % ' ' x * `5 Flee -�- r � ` - — - ti .' • 5iL Unnamed Tributary to r-: Little Sugar Creek _ ! I 1 iir LOCATION —` Lat: 35.27792 °N, Long:-80.79818 °W HUC: 03050103 (Lower Catawba) + �� I 4. I — ■.. i { 4 Acres: THE TOWNS AT CANNON Drawn By: Reviewed By: (+/-) 41.75 Mecklenburg County, NC PJK ALL FIGURE 3 USGS Map — Derita, NC Quadrangle (1993) Prepared for: 09/19/19 The Ardent Companies Approximate Location, For Study Purposes Only '1111111; . 1111, Subject to USACE and NCDEQ Verification NRCS ARCHIVED SOIL MAP — MECKLENBURG COUNTY eD14 Cud. Project Boundary V� Study Limits (+/-) 41.75 acres r CUB � {, M0 F r CaD 2"-� - fir. - eD e � r C it c F) 2' CA�B 21 M 0 HeB UK En13 LOCATION United States Department of Agriculture, Natural Lat: 35.27792 °N, Long:-80.79818 °W Resources Conservation Service. 1980. �;,y� � Soil survey Mecklenburg County, North Carolina. HUC: 03050103 (Lower Catawba) Sheet 4 Acres: THE TOWNS AT CANNON Drawn By: Reviewed By: (+/-) 41.75 Mecklenburg County, NC PJK ALL FIGURE 4 NRCS PUBLISHED SOILS MAP Prepared for: 09119119 The Ardent Companies (Mecklenburg County, NC. Sheet 4) ,.I •,. Subject to USACE and NCDEQ Verification y . 10,9mul- X Parcel ID: 04507101 Parcel Parcel ID: 04507209 P Eddie F w Eddie Flowe 5527 Manning Road M I 5527 Manning Road Charlotte NC 28269 rlot C 9 Charlotte NC 28269 APPROXIMATE PROJECT BOUNDARY STUDY LIMITS I L Parcel ID: 04509301 F, Eddie Flowe 5527 Manning Road Charlotte NC 28269 7 Acres: THE TOWNS AT CANNON Preparpd +/-41.8 Mecklenburg County, NC for: A\ THE ARDENT FIGURE Drawn By: Reviewed By: 5 09118119 TAX PARCEL MAP DCK LSR Subject to USACE and NCDEQ verification �© Al NgRR T J B �V N vm � O c�TY�FRsi CINDY LN NWY g5 a U Q a z Q SITE J w N v 0 0 rn o VICINITY MAP SCALE: NTS U O Q U U Q H m U C O c c m U �n _ CD LOCATION MAP DATE: August 21, 2020 Landworks THE TOWNS AT CANNON PROJECT NO: 19004 Design Grou PA P' rn CREATING SPACES TO LIVE, WORK AND PLAY THE ARDENT COMPANIES CITY OF CHARLOTTE, MECKLENBURG COUNTY, NORTH CAROLINA I SHEET# WL-COVER 7621LIp1eMranu�Suih111 ak70441411604 atoe 704-8414UM SCALE: NOT TO SCALE / /f / ! / / l THE TOWNS AT \ 1 \\ 4 1ii� 1 11/ /--� \ 1 \\\\ \ 1 I 1 11 1 %/ii/ If CANNON AVENUE,) II / / / BOUNDARY l \�\\ \\ ---—�---1 Z \ v Ik tilt11 \II\\\ I / / 11 1 v Sg�RE/ Y \\N\ 11 it I�¢ A III / IA v At11j11 j I I I I I 1 lv�R�'`� // A� \ �L \ 1 A v� z l l l l k I AIIIII 1 1 1 V A �� �V I I p 1 cG I/ A G 1 1 1 \ I r vv`vAj11111 I V �� 1/—V 1 r/ A I// \ I 11 I 1 1 1 \��� �� 1 / / ",D / /1 I I U Illl ,vI // Ih�-_/ < III/ 1 1 / 11j \IP11�1111174��\ \ 1 \ \.•�—� \ �--/ / 1 ! IIyO�� 1 1 1 \\ \ Al / ♦�a�� 1111111111\VA�� \ _ A 1 V / / / /�� _ 1 v� —,1 ' �I // — --���� IIIIIIIIII 1\IZI�I 1 v 1 1 �� AV�E I WETLAND W �— / ��vv IIIII 11 (0.01 AC) 1 v \�♦ 1 ! l �� A� �\ I11�1� EXIST. \ ��%// I UST. INTERMITTENT CULVERT I \�i/ i I j STREAM B j o �} — WETLAND V\ (593 LF)— / /rt�'1 1 s -, i t \ �• \ of I' h� A�1 11 �� / / lVI / Ir�. 1 / /vvl 1 A(0.02 AC) �N, '1� / 1 / r v I 11141v �' '� ��<�- I / liq EXIST. PERENNIAL \ / i� ��\1\�-- /%// `��.�� �i i/1%�� 1 / _ STREAM A I ys; WETLAND T (1340Lf)'/ I11 Cs \ \(0.1\ AC)-� I/l kEXIST.INTERMITTENT 1\+ \ \ '// / / \ 'STREAM C I WETLAND Z > J IIIII l \ \ �\\ r' / /'/ I / f •/ t I l 1 1 I 1 0.21 AC AL —_WETLAND X V .� Av A\ V i �I l I f 1 f I u \\ VI! (453 LI) 1 I l— ( ) \ 1 \VAV1 ON / 'WETLAND Y' \\ \ I I I / ! ( (0.01ACpVvv�vN.:\�!%j / ��%�Oq� /�h I l THE TOWNSAT� IA //j 1 IWETLANDU-11�13-\N\ILj`C �: 1 A I f /1 1 0.92 AC CANNON AVENUE / / / 1 ( ,) s"\ \ I PROPERTY ! t /� j f I �I \�—/< 1 (I t{ 1 I I j� I //i --♦ II Oc 1'� // \ \l ! \lli1z I III \IIY /— BOUNDARY I I \\/ N,\ �\ 1 \ t y \\�w'I III III w 11 EXIST. `��\ \1 EXIST. INTERMITTENT \�I11"% 1' < <; 1 �l �/\ 1 �\ t12, 1 1 III III cwC / \� v A' 2 /! !I rl G%t [ 11Alll U CULVERT-N \\ STREAM F //I,'�/� .✓( �/ ! %\J �/ 1 I/ /i 1�wllllalIV s� � /��fr l!� I WETLANDS V��v �_ /�jl;r(0.04AC)11U),1//i//% \\�\ \ \e �`\� ` EXIST. / // //ri I i /I NON -JURISDICTIONAL C r1t•� _a V \ ♦— CULVERTS// / ��. // ( \�/��� r� (GULLY 4 _—vA�A���� y/'ice Ali �v _i / III EXIST. 48" CMPAV IIIA� / / EXIST. BRIDGE 111�T\ -t0� /f All v, v�v � 1 1 /j111 I � % 1 I /�IIIIII I till /I — — — — — — If /. 0' 200' 400' 800, N SCALE: 1 "=400' DATE: EXISTING CONDITION August 21, 2020 Landw®rks THE TOWNS AT CANNON PROJECT NO: 19004 n Desl Group, PA SHEET# g P' IVE, WORK AND PLAY THE ARDENT COMPANIES WL-1 CREATING SPACES TO L 7621 Little Avenue, Suite 111 tel:704-841-1604 CITY OF CHARLOTTE, MECKLENBURG COUNTY, NORTH CAROLINA SCALE: _^ 1 STREAM IMPACT SUMMARY ROAD CROSSING 41 - STREAM B : 56 LF UTILITIES & ROAD CROSSING #2 - STREAM A: 72 LF TEMPORARY SANITARY SEWER & WATER IMPACT # 3 : 25 LF TEMPORARY WATER IMPACT # 4 : 10 LF TEMPORARY WATER IMPACT # 5 : 10 LF PERMANENT STEAM IMPACT TOTAL : 128 LF TEMPORARY STREAM IMPACT TOTAL: 45 LF WETLAND IMPACT SUMMARY ROAD CROSSING #1 - WETLAND T : 1,946 SF UTILITIES & ROAD CROSSING 42 - WETLAND U : 4,309 SF PEDESTRIAN TRAIL CROSSING #6 - WETLAND U : 306 SF TEMPORARY WETLAND IMPACT - WETLAND U : 823 SF PERMANENT WETLAND IMPACT TOTAL: 6,561 SF TEMPORARY WETLAND IMPACT TOTAL 823 SF z �I I < di I \w Ilz II mIlj II r PROPOSED \\\y \ PROPOSED ROAD SAND FILTER#4 \\\� �\ OR\vE��'� CROSSING IMPACT #1 WETLAND Y PROPOSED TEMPORARY \\\o \ WETLAND T III i WATER IMPACT #5 \� SAND Q FILTER #5 WETLAND X OUTFALL � `� e/ G P WETLAND PROPOSED � 5% WETLAND V 1 PROPOSED TEMPORARY 4" WATER `\ WETLAND W II SANITARY & WATER IMPACT #3 \' `� �.®�® 1 PROPOSED Y1 SAND FILTER #5 III II PROPOSED ROAD SEWER TIE-IN II p II CROSSING IMPACT #2 \ LOCATION II WETLAND ULU Y PROPOSED UJ N_-- �q 8" SEWERD TRAIL IMPACT #6 II I liU" I >% 6D I PROPOSED ( p 8"WATER �E III IIII� izUj III EXISTING 8" SEWER n I PROP. 4" WATER WI 1 __ SAND FILTER #2 THE ORIGINAL REZONING PROPOSED NO ROAD OUTFALL CROSSING TO AVOID STREAM IMPACT. HOWEVER, _ PROPOSED SAND FILTER #1 •+ _ ��� ' CHARLOTTE DOT (CDOT) REQUIRED THE STREAM _ 7 PROPOSED CROSSING TO PROVIDE BETTER ROAD NETWORK CAN _ ���- CONNECTIVITY TO CANNON AVE & W SUGAR NON � SAND FILTER#3 ��. AVENU-CREEK RD. IN THE EFFORT OF MINIMIZING THE E s SAND FILTER #1 _ �%IMPACT TO STREAM A, IT WAS SUCCESSFULLY OUTFACE PROPOSED NON-JURISDICTIONALNEGOTIATED WITH CDOT TO NARROW THE SAND FILTER #2 GULLY CROSSING ROAD WIDTH FROM 71' RIGHT-OF-WAY PROPOSED TEMPORARY / STREET TO 56' ROW. IN ADDITION, THE 1TLANDS — WE-1 (ROW) WATER IMPACT #4 SAND FILTER #3 —.WETLAND DEVELOPER PURCHASED ADDITIONAL LAND UP / OUTFALL WETLAND AREA V TO ALLOW THE ROAD TO ENTER THE SITE FROM WEST SUGAR CREEK RD jxNJ /'_--__--NEAR O' 'j 5� PEE\.85 �� \ WITHOUT ANY IMPACTS IN THAT AREA. MEND THE ROAD CROSSING IS PROPOSED AT THE \LOCATION PROVIDEN TO SUFFICIENT CAPACITY FORT E WATER QUALITY AND STORM DETENTION BASINS WHICH IS REQUIRED TO CAPTURE & TREAT RUNOFF FROM THE ENTIRE PROJECT AND LOCATED AT THE NATURAL LOWEST POINT OF THE SITE. IMPERVIOUS SUMMARY 0' 200' 400' 800, IMPERVIOUS AREA: 16.03 AC SITE AREA: 41.03 AC N PERCENT IMPERVIOUS AREA: 39.07 % SCALE: 1 "=400' DATE: o SITE PLAN FOR STREAM & WETLAND IMPACTS August 21, 2020 Landworks THE TOWNS AT CANNON PROJECT NO: 19004 Design Group, PA sHEEr# CREATING SPACES TO LIVE, WORK AND PLAY THE ARDENT COMPANIES CITY OF CHARLOTTE, MECKLENBURG COUNTY, NORTH CAROLINA WL-2 N 7621 Little Avenue, Suite 111 te1: 704-841-1604 SCALE: fax, 704-841-1 04 1 "=400' I EXIST. / INTERMITTENT STREAM B WETLAND T i �ROP.S 10' WETLAND �\ BUFFER \\. 764 I PROP. STORM �\ PIPE TO WO BASIN / PROPOSED ROAD y y y�2:1 SLOPE IS PROPOSED CROSSING 41 IMPACT y TO MINIMIZE WETLAND TO STREAM B : 56 LF �/I �' �u� y� IMPACTS OQ PROPOSED ROAD I � Q CROSSING 41 IMPACT TO WETLAND T: 1,946 SF / PROPOSED 760 / w � SAND FILTER#5 s; �. •; 5 �� �.. PROP. WATER1 PROP. LINE SANITARY SEWER i f /!ii _ y WETLAND HYDROLOGY y y —,WILL BE MAINTAINED y y y y \ PROP. 8' SIDEWALK. l I l y Y y y y y ;� 'WITH PIPE UNDER THIS PEDESTRIAN SIDEWALK 1 .yl y y y y y/ y y ROAD CROSSING IS SHIFTED DIRECTLY BEHIND y y THE CURB IN ORDER TO i MMQ '1! Z //y y y y y y y y y y y � y y \ y j MINIMIZE WETLAND IMPACTS. I 'W Jy y\�\ „„�4X y y Oy / y SEE SHEETS WL-6 & WL-8 FOR CULVERT 41 PROFILE, ELEVATION AND DETAIL 'EXIST. a WETLAND U INTERMITTENT a LEGEND STREAM C y IMPACTED o U WETLANDS c ° EX. WETLANDS 0' 15' 30' 60' TO REMAIN N M Ln SCALE: 1 "=30' DATE: STREAM IMPACTS FOR ROAD CROSSING #1 August 21, 2020 o Landworks THE TOWNS AT CANNON PROJECT NO: 19004 Design Group, PA SHEET# THE ARDENT COMPANIES WL-3 CREATING SPACES TO LIVE, WORK AND PLAY c� 7621LittleAvenue ,Suite111 tel:704-841-1604 CITY OF CHARLOTTE, MECKLENBURG COUNTY, NORTH CAROLINA SCALE: a 1 "=30' EXIST. SANITAR �� \\ SEWER (TY TEMPORARY SANITARY SEWER & 8" \ WATER IMPACT #3 (25 LF). STREAM TO \ BE RESTORED TO PRE -CONSTRUCTION CONDITIONS. SEE SHEET WL-8 FOR SEWER & WATER PROFILE AT STREAM s' CROSSING PROPOSED ROAD I \\I CROSSING #2 IMPACT TO STREAM A: 72 LF I LOWES PLAC DRIVE P.) m A-712 \\\ 1 � � t MANHOLE/ 1 / / PROP 8" \ WATER 2:1 SLOPE IS PROPOSED TO �48 i ' \MINIMIZE IMPACTS j PROP STORM PIPE I TO W.Q.W.. BASIN 1 (TYP.) STREAM BANK STABILI2ATION RIP RAP ARMOR TYP. p RIP RAP TO BE PLACED ON THE CHANNEL BANKS ±12" ABOVE THE TYPICAL WATER PROP 4" \ '\ ELEVATION; NOT WITHIN THE / ID f WATER STREAM I \\ U) vv EczTI rii i I I I I / / PROP. D FILTER #2 TEMPORARY 4" WATER IMPACT #4 (10LF). STREAM TO BE RESTORED TO PRE -CONSTRUCTION CONDITIONS. SEE SHEET WL-8 FOR WATER PROFILE AT STREAM CROSSING LEGEND IMPACTED WETLANDS ®TEMPORARY IMPACTED WETLANDS EX. WETLANDS \ ;V , TO REMAIN 0 0 tY V t� \t PROP. SAND fi FILTER #4 U)z� �ml _ c mi TEMPORARY UTILITIES IMPACT i TO WETLAND U: 823 SF REMOVE 6"-12" OF TOP SOIL OF PROPOSED DISTURBED AREA. TOP SOIL TO BE PLACED ON FABRIC AND REPLACED UPON COMPLETION. r '^ PERMANENT MAINTENANCE I EASEMENT TO BE RESEEDED >/ WITH NATIVE WETLAND SEED MIX. INSTALL ANIT-SEEP COLLARS AT THE DOWNSTREAM (UTILITY LINE GRADIENT) WETLAND BOUNDARY WETLAND U i ' f li 54\� SE\N IN i � I 953 l i QQ 1 -�EikDW,4LLS' j � I � t A� `1��+ •�/�: -� O •gyp. � \I QI PROPOSED UTILITIES & ROAD CROSSING 42 IMPACT TO WETLAND U: 4,309 SF PROPOSED SIDEWALK AS PART OF THE REZONING APPROVAL, THIS PROJECT DEDICATES ROUGHLY 6 ACRES OF LAND TO THE MECKLENBURG COUNTY PARK AND RECREATION DEPARTMENT. THE LAND PLAN ALSO INCLUDES AN EXTENSIVE TRAIL NETWORK - A PORTION OF WHICH IS REPRESENTED BY THE PUBLIC SIDEWALKS ON THE MAIN SPINE ROAD. ON THE ROAD CROSSING OF STREAM A, THE SIDEWALK/TRAILS ARE TIGHTENED TO THE BACK OF CURB AS THERE WILL BE HIGHER THAN NORMAL PEDESTRIAN AND CHILDREN ON BIKES USING THE SIDEWALKS/TRAILS IN THAT IN THIS AREA, AND THE PLANTING STRIP SEPARATION WILL PROVIDE AN ADDED LEVEL OF SAFETY AT THE STREAM CROSSING. 0' 30' 60' 120' SCALE: 1 "=60' UAI t: o STREAM IMPACTS FOR UTILITIES & ROAD CROSSING #2 August 21, 2020 Landworks THE TOWNS AT CANNON PROJECT NO: 19004 Design Groun PA Group, SHEET# THE ARDENT COMPANIES WL-4 CREATING SPACES TO LIVE, WORK AND PLAY N 7621 LRtlekmnue, Sdh m taL•704-8414604 CITY OF CHARLOTTE, MECKLENBURG COUNTY, NORTH CAROLINA SCALE: a 1 "=60' " J PROP. 8' PEDESTRIAN TRAIL -PROP. PEDESTRIAN BRIDGE t LEGEND N U IMPACTED o WETLANDS 0' 30' 60' 120' �j EX. WETLANDS N n TO REMAIN SCALE: 1 "=60' DATE: o STREAM IMPACTS FOR UTILITIES & TRAIL CROSSING August 21, 2020 Landworks THE TOWNS AT CANNON PROJECT NO: 19004 Design Groun PA Group, SHEET# CREATING SPACES TO LIVE, WORK AND PLAY THE ARDENT COMPANIES CITY OF CHARLOTTE, MECKLENBURG COUNTY, NORTH CAROLINA WL-5 N 7621 LRtleAvene.Sulh m taL•704-8414604 SCALE: a 11 TOP OF WA ELEV. =±76( 7E SLOPED WINGWP (BEYO� STREAM BANK STA RIP RAP AI RIP RAP TO BE F THE CHANNEL E ABOVE THE TYPIC ELEVATION; NOT V EXISTING GRAD AT INTERMITTEN STREAM 75 I'MIN. BURY IN PIP PER NCDENR 4 PERMIT REG 74 CL PROPOSEDLL GRADE o TOP OI w I ELE ._ J Q .3 of a , LL LOPED I D (BEYOND) i 31LI ATION 42" RCD/ ;M . LACED ON AN S ±12" — TOP OF A AL WATER STREAM B NI fIT RIP RAP ARM S REAM RIP RAPT BI THE CHAN EI E T T ELEVATION; N STREAM TOTAL STREAM MPACT: 56LF STREAM0— (MEASURED77— C/L XI STING ST EP E C/LGGRRADE 01 D. CULVERT CROSSI G #1 PROFILE - ROAD CULVERT CROSSING #1 SCALE H: 1 "=40' V: 1 "=10' STREAM RIP RAP ROAD CULVERT #1 ELEVATION AT HEADWALL SCALE: NOT TO SCALE WALL ±760.5 '60 VGWALL JK STABILIZATION DR TYP. PLACED ON BANKS ±12" (PICAL WATER OT WITHIN THE '50 M '46 NVERT OF 42" PIPE 12" BELOW FIN. GRADE ;MIN.) UA I t: o CULVERT PROFILES & ELEVATIONS August 21, 2020 rn Landworks THE TOWNS AT CANNON AV PROJECTNO 19004 Design Group, PA Q P' SHEET#f THE ARDENT COMPANIES WL-6 rn CREATING SPACES TO LIVE, WORK AND PLAY 76YfLRdeManuaS010 t&70�41-I� CITY OF CHARLOTTE, MECKLENBURG COUNTY, NORTH CAROLINA SCALE: a _M I AS SHOWN TOP OF WALL ELEV. = ±748.i 75 PROPOSE[ HEADWALL Ito] a$70:7-1011i STREAM BANK STAI RIP RAP AF RIP RAP TO BE P THE CHANNEL E ABOVE THE TYPIC ELEVATION; NOT V 74 EXISTING GRAD AT INTERMITTEN STREAM C PROP. 4" DIP WATE 732 PROPCSED GRADE---- c a' T JOQI E UOO� a L 66" RC P BI 1 M EF EF 31LIZATION 77�:_-� ;MOR TYP. LACED ON STREA ANKS ±12" / EEO./ STABIL AL WATER RIP RA 'ITHIN THE RIP RA STREAM ON THI 62 LF PROP CULVERT BANKS TYPICE TOTAL STREAM IMPACT: 72LF ELEVA \ T (MEASURED AT THE S� S I REAM C/L) 1` PROP. 8" DIP WATERJ CLi R PROP. 8" DIP SEWER CULVE T CROSSING #2 PROFILE - UTILITIES & ROAD CULVERT CROSSING #2 SCALE H: 1"=40' V: 1"=10' 3 - 66" HEADWALL FOOTING 1.5' SILL 1.0' SILL ROAD CULVERT #2 ELEVATION AT HEADWALL SCALE: NOT TO SCALE TOP OF HEADWALL -1-1.5' SILL )P OF WALL _EV: = ±749.1 '50 DPED WINGWALL :YOND) N. BURY IN PIPE NCDENR 401 MIT READ. 0 BANK IZATION ARMOR TYP. TO BE PLACED :CHANNEL ±12" ABOVE THE L WATER ION; NOT WITHIN REAM TING STREAM 'RADE '34 -INVERT OF 66" PIPE 12" BELOW FIN. GRADE (MIN.) NOTE: THE SILLS ARE PROPOSED AS SHOWN TO MAINTAIN THE FLOOD ELEVATION. THE FLOOD ELEVATION CANNOT BE RAISED TO AVOID FLOODING ON ADJACENT PROPERTIES AS REQUIRED BY THE CITY. DAI t: o CULVERT PROFILES & ELEVATIONS August 21, 2020 Landworks THE TOWNS AT CANNON AVE PROJECT NO: 19004 Design Grou PA P' SHEET# THE ARDENT COMPANIES WL_7 CREATING SPACES TO LIVE. WORK AND PLAY N 7621 LMNAww45dbm a1704-8414604 CITY OF CHARLOTTE, MECKLENBURG COUNTY, NORTH CAROLINA SCALE: AS SHOWN CC HE CC WI CON FOO ENLARGED UULVtK I i& HtzAUVVALL Utz I AIL SCALE: NOT TO SCALE PROP. GRADE EX. GRADE 765 PROP.GRADE 760 755 100 YR. FLOOD ELEV. 750 745 ii z 740 z t 735 IG STREAM ELEVATION PEINVERT I - 1 ■■■ I■1■■■s I■1�■■I■ I■11■■I� I■■1■■11 I■■I■■lti 1 ■■■ \■■ ANN U■■ WIN IMI■'■■I ■■■■■■■■ �■■■■■ I■■■■■�■■■ I■■■�■■■■ WEill■■■II■ , A■■■I�ILi■■I/ ■1\\■■IIII■■■■%I ■\■■IIII■■■I/�■ ■■No ■■��■■■■■I■■■�■■■■ ■■\ �����i■■ ■■ � . � ■ 11 ■■■1\\■■■■■IIII■■■�/i■■■ ■■■111■■■■■111 I ■■■■Ill ■■■ ■■■■\■■■■■IIII■■■■I/I■■■ ■■■■1\1■■I■■■ ■■■Ill ■■■■ ■■■■■ ► ■■■■■■ . J RADE ¢ 7 1+00 1+80 ~ y GENERALNOTES 750 750 1. TEMPORARY OPEN CUT SANITARY SEWER & WATER IMPACT. 2. STREAM TO BE RESTORED TO PRE -CONSTRUCTION CONDITIONS. 3. BORING UNDER STREAM FOR SEWER & WATER NOT FEASIBLE DUE TO 745 745 DEPTH REQUIREMENT FROM BOTTOM OF STREAM TO TOP OF PIPE. P ROP.4" D1 WATER LINE 74 1 +00 o TEMPORARY SEWER & WATER IMPACT CULVERT #3 740 0 SCALE: NOT TO SCALE TEMPORARY WATER IMPACT #5 n n SCALE: NOT TO SCALE DATE: STREAM & WETLAND IMPACT FOR August 21, 2020 Landworks THE TOWNS AT CANNON PROJECT NO: lsooa Design Group,PA SHEET# n CREATING SPACES TO LIVE, WORK AND PLAY THE ARDENT COMPANIES CITY OF CHARLOTTE, MECKLENBURG COUNTY, NORTH CAROLINA WL-g T621LRd•Avw•�• Sulbm t*704-s41_16a SCALE: i foe 4604 1 NOT TO SCALE WATER QUALITY NOTES: 1. WATER QUALITY BMP'S SHALL BE INSTALLED IN ACCORDANCE WITH CITY OF CHARLOTTE POST CONSTRUCTION CONTROLS ORDINANCE (PCCO), AND THE MECKLENBURG COUNTY BMP DESIGN MANUAL. 2. BMP DESIGN AND CONSTRUCTION SHALL BE APPROVED BY CITY OF CHARLOTTE ENGINEERING DEPARTMENT ====I= Ili ul O u III O PROPOSED ROAD \ CROSSING IMPACT#1 j � I I PROPOSED A� ��� / . pl SAND FILTER #4�G SAND FILTER #4 OUTFALL PROPOSED ROAD CROSSING IMPACT #2 PROPOSED SAND FILTER #5 SAND FILTER#5 OUTFALL 9 /j Lu 110 iIm � z w Luw of V (D PROPOSED SANDFILTER#3 NON -JURISDICTIONAL, PROPOSED -q SAND FILTER #1 _ CgN�lp --- — � GULLY NAVEN<IE U SAND FILTER #1 a— a OUTFACE -� PROPOSED SAND FILTER #3 SAND FILTER#2 OUTFALL z SAND FILTER #2--/ LLI OUTFALL ,NJ Ira a C 0' 200' 400' 800, C) N n SCALE: 1 "=400' o WATER QUALITY MASTER PLAN DATE: August 21, 2020 Landworks THE TOWNS AT CANNON AVE PROJECT NO: 19004 a Design Group, PA CREATING SPACES TO LIVE, WORK AND PLAY THE ARDENT COMPANIES CITY OF CHARLOTTE, MECKLENBURG COUNTY, NORTH CAROLINA SHEET# WL-9 a 7621 Little Avenue, Suite 111 tel: 704-841-1604 SCALE: A' Chadotte. NC 28226 fax:704-841-1604 1 "=400' 1. UPON COMPLETION OF STREAM CROSSING WORK, CONTRACTOR SHALL BACKRLL AND MECHANICALLY TAMP (NO SPECIFIC DENSITY) SOILS INTO PLACE AND DRESS DISTURBED SURFACES 2. BEGINNING AT A POINT 2' ABOVE WATER SURFACE ELEVATION, GRASS DISTURBED AREAS (SEED. FERTILIZER k STRAW MULCH) STREAM BANK, TOP OF BANK AND DISTURBED AREAS UPLAND OF STREAM 3. INSTALL COIR FIBER NET/MAT STARTING MINIMUM 12' BELOW WATER SURFACE ELEVATION AND EXTENDING A MINIMUM 5 BEYOND TOP OF BANK. MINIMUM SPECIFICATIONS FOR COIR FIBER NET/MAT AS FOLLOWS: — MIN. THICKNESS OF 0.30 INCHES — 100% COCONUT FIBER AND WOVEN INTO TONE — AVG. WEIGHT OF 20 OUNCES/SQ. YD. 4. COIR FIBER NET/MAT SHALL BE SECURELY HELD IN PLACE WITH USE OF WOODEN STAKED AND WIRE STAPLES (AS NEEDED) 5. INSTALL LIVE STAKES BEGINNING AT WATER SURFACE ELEVATION AND EXTENDING 2 VERTICAL FEET UP THE STREAM BANK. SEE LIVE STAKE DETAIL FOR ADDITIONAL REQUIREMENTS. 6. INSTALL SILT FENCE W/1WRE REINFORCEMENT ALONG TOP OF BANK (ADJACENT TO END OF COIR FIBER NET/MAT) FOR WIDTH OF DISTURBED SOILS WATER SURFACE ELEVATION COIR FIBER NET/MAT GRASS (SM, MULCH do FERTILIZE) — REMAINING DISTURBED STREAM BANK AREAS INCLUDING TOPS OF BANK (UNDER COIR NET/MAT) LIVE STAKE (WLLOWS OR — SPECIES APPROVED BY COW/DHEC) FOR FIRST 24' ABOVE NORMAL WATER SURFACE ELEVATION 24'3 12't LIVE STAKES SHALL BE APPROXIMATELY 24'IN LENGTH 2. LIVE STAKES SHALL BE 0.5'-1.5' IN DIAMETER AT THE TIME OF PLANTING ]. LIVE STAKES SHALL BE BLACK WALLOW OR SPECIES SPECIFIED BY COE/DH£C OR CONSULTANT I1. i. SPECIES SHALLBE DpiMANT AT THE TIME OF ACQUISITIONAND PLANTING AND LOCALLY GROWI/HARVESTEOS. LIVE STAKES SHALL BE SPACED Y D.C. 6. LIVE STAKES SHALL BE PLANTED A MINIMUM OF 18' IN N DEPTH VATH NO MORE THAN 4'-8' OF STAKE EXPOSED EXTEND COIR FIBER MAT W BEYOND TOP OF BANK 1-I I i ;- I EXTEND COIR FIBER NET/MAT 4 1 k l 12' BELOW WATER SURFACE ELEVATION STREAM BANK STABILIZATION - LIVE STAKE TYPICAL DETAIL — N.T.S. 5 ❑ 2.5 5 10 VERTICAL GRAPHIC SCALE ( IN FE>r'1' ) 20 ❑ 10 20 40 HORIZONTAL GRAPHIC SCALE ( IN FEET ) INSTALL SILT FENCE REINFORCED WITH HOG WIRE AT TOP OF BANK (EDGE OF CDIR FIBER NET/MAT) LARGE ROC[ (SNOT OR IMPORT) MAY BE USED TO REFORM STREAM BANK (STACKED), 16' OF SOIL SHALL COVER STREAM SIDE FACE OF ROCK STACK. (USE OF ROCK TO ANCHOR BANK IS OPTIONAL) O .4—j c� .E v v we jurisdictional Determination Information U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Td. SAW-2049-02172 County: Mecklenburg U.S.G.S. Quad: NC- Derita NOTIFICATION OF JURISDICTIONAL DETERMINATION Requestor: The Ardent Companies Tyson Reilly Address: 2100 Powers Ferry Road, Suite 350 Atlanta, GA 30339 Telephone Number: 803-548-4656 E-mail: treillyn thearden tcom pan ies.com Size (acres) 41.75 Nearest Town Charlotte Nearest Waterway Little Sugar Creek River Basin Santee USGS HUC 03050103 Coordinates Latitude: 35.2779 Longitude:-80.7981 Location description: The review area is located directly north of the intersection of Cannon Avenue and Equipment Drive. PIN: 04507101, 04507209, and 04509301. Indicate Which of the Following Apply: A. Preliminary Determination ® There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The waters, including wetlands have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. The approximate boundaries of these waters are shown on the enclosed delineation map dated 10/25/2019. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any way by the permitted activity- on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. ❑ There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the waters, including wetlands have not been properly delineated, this preliminary jurisdiction determination may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an effective presumption of CWA/RHA jurisdiction over all of the waters, including wetlands at the project area, which is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters, including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. B. Approved Determination ❑ There are Navigable Waters of the United States within the above described project area/property subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ There are waters, including wetlandson the above described project area/property subject to the permit requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ We recommend you have the waters, including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. ❑ The waters, including wetlands on your project area/property have been delineated and the delineation has been verified by the Corps. The approximate boundaries of these waters are shown on the enclosed delineation map dated DATE. We strongly SAW-2019-02172 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) 508-2808 to determine their requirements. Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or placement of structures, or work within navigable waters of the United States without a Department of the Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions regarding this determination and/or the Corps regulatory program, please contact David L. Shaeffer at 704-510-1437 or david.l.shaeffer(&,,usace.armv.mil. C. Basis For Determination: Basis For Determination: See the preliminary jurisdictional determination form dated 2/6/2020. 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 1OM15 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.** ned �---/ f, � Digitally 0.02.0 0 SH AEFFER.DAVID.LEIG H.1260750573 Corps Regulatory Official: Date, 2o2o.02.o6oe1s2s-os'oo' Date of JD: 2/6/2020 Expiration Date of JD: Not applicable SAW-2019-02172 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/V`p=136:4:0 Copy furnished: Agent: Leonard S. Rindner, PLLC, WEPG Daniel Kuefler Address: 10612-D Providence Road, PMB 550 Charlotte, NC 28277 Telephone Number: 336-554-2728 E-mail: daniel.kuefler(a wetlands-eve.com NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: The Ardent Companies, Tyson Reilly File Number: SAW-2019-02172 Date: 2/6/2020 Attached is: See Section below PROFFERED PERMIT (Standard Permit or Letter of ermission) A RED PERMIT (Standard Permit or Letter of ermission) B DENIAL LAPPROVED C JURISDICTIONAL DETERMINATION D INARY JURISDICTIONAL DETERMINATION E SECTION I - The following identities your rights and options regarding an administrative appeal of the above decision. Additional information may be found at or http://www.usace.army.miliMissions/CivilWorks/Re ulatoryProgramandPermits.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 11 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 IT 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 IT 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 IT - REQUEST FOR YEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMTT 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. F CONTACT F QUESTIONS RR INFORMATION: If you have questions regarding this decision and/or the If you only have questions regarding the appeal process you may appeal process you may contact: also contact: District Engineer, Wilmington Regulatory Division Mr. Phillip Shannin, Administrative Appeal Review Officer Attn: David L. Shaeffer CESAD-PDO Charlotte Regulatory Office U.S. Army Corps of Engineers, South Atlantic Division U.S Army Corps of Engineers 60 Forsyth Street, Room 1OM15 8430 University Executive Park Drive, Suite 615 Atlanta, Georgia 30303-8801 Charlotte, North Carolina 28262 Phone: (404) 562-5137 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opporntunit to participate in all site investigations. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: David L. Shaeffer, 69 Darlington Avenue, Wilmington, North Carolina 28403 For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Phillip Shannin, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: 2/6/2020 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: The Ardent Companies, Tyson Reilly, 2100 Powers Ferry Road, Suite 350, Atlanta, GA 30339 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, 1515 Cannon Avenue, SAW-2019- 02172 D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The review area is located directly north of the intersection of Cannon Avenue and Equipment Drive. PIN: 04507101, 04507209, and 04509301. (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: NC County: Mecklenburg City: Charlotte Center coordinates of site (lat/long in degree decimal format): Latitude: 35.2779 Longitude:-80.7981 Universal Transverse Mercator: Name of nearest waterbody: Little Sugar Creek E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑ Office (Desk) Determination. Date: ® Field Determination. Date(s): 1 /3/2020 by the Corps TABLE OFAQUATIC RESOURCES IN REVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION. Site Number Latitude (decimal degrees) Longitude (decimal degrees) Estimated amount of aquatic resources in review area (acreage and linear feet, if applicable Type of aquatic resources (i.e., wetland vs. non- wetland waters) Geographic authority to which the aquatic resource "may be" subject (i.e., Section 404 or Section 10/404) Wetland S 35.27880000 -80.79840000 0.04 acres wetland 404 Wetland T 35.28180000 -80.79720000 0.11 acres wetland 404 Wetland U 35.28010000 -80.79770000 0.92 acres wetland 404 Wetland V 35.28200000 -80.79570000 0.02 acres wetland 404 Wetland W 35.28180000 -80.79620000 0.01 acres wetland 404 Wetland X 35.28120000 -80.79850000 0.08 acres wetland 404 Wetland Y 35.28060000 -80.79780000 0.01 acres wetland 404 Wetland Z 35.28140000 -80.79900000 0.21 acres wetland 404 Stream A 35.28170000 -80.79890000 1340 linear feet non -wetland 404 Stream B 35.28160000 -80.79720000 593 linear feet non -wetland 404 Stream C 35.28190000 -80.79600000 453 linear feet non -wetland 404 Stream E 35.27880000 -80.79810000 71.7 linear feet non -wetland 404 Stream F 35.27990000 -80.80180000 520 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 or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AJD or a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it becomes appropriate to make an official determination whether geographic jurisdiction exists over aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic resources in the review area, the Corps will provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that there "rnay 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 tile. Appropriately reference sources below where indicated for all checked items: ® Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Map: Figure 1 dated 10/25/2020 ® 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:Nationalma og_v ® USGS NHD data. ® USGS 8 and 12 digit HUC maps. ❑ U.S. Geological Survey map(s). Cite scale & quad name: ® Natural Resources Conservation Service Soil Survey. Citation:ESRT Soils Mapservice accessed on 12/10/2019 ®National wetlands inventory map(s). Cite name:USFWS NWI Mapservice accessed on 12/10/2019 ❑ State/local wetland inventory map(s): ❑ FEMA/FIRM maps: ❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929) ® Photographs: ❑Aerial (Name & Date): or ®Other (Name & Date): Photos 1-12 dated 8/15/2019 and 8/18/2019 ❑ Previous determination(s). File no. and date of response letter: ❑ Other information (please specify): IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for later jurisdictional determinations. Digitally signed by SHAEFFER.DAVID.LEIGH.126 0750573 Date: 2020.02.06 06:15:58 -05'00' Signature and date of Regulatory staff member completing PJD 2/6/2020 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. r ' ■'{ { '.� Wetland a 0.11 acres - Wetland W * • r!i h, y , ! Stream -� I �I - f • evaluation - 1 .7 I • {� form (DP3) {'�■ 'i +Y , •� • Perennial Stream A 1 `' Intermittent Stream B 0. 1 -`� �. ' 1340 linear feet 593 linear feet %_ •• , • ■ ~ _ r•' CUIVert '� •■ '* ,yi '� I ' - `■ �� '} `� �ti �� t, ~�� • •I 1 L ti 1 ' h • _ 7 Y a L y 1 % Wetland data 4 1 ` ', �` '{ • Wetland Z �; % I. • �■ �t ter` • _' +* ! ` A ', ~, • `N 'L , , — ' form (DPI) ■ ,r I r + a 0.21acres 1 ',t ■ • ■ 3 titi`-■ F i• { ' ■ * ■ • 7 , Upland data �, L F r 1 i tit t PROJECT BOUNDARY form (DP2) f •',�•• 3 , ', y _ _ _ _ s -'� *� r+ _ _ • _ ', +� • LIMITS OF STUDY r �,;; +• ' .r +� (+/-) 41.75 acres (Total) F ~*i� ` ' . .' 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'� L + F ,r .r r -4 r: + , i r� Photo location and direction x� x; r',:•r r' r• M _ SCALE DATE: 200 100 0 200(Feet) 10/25/19 0 Project boundary study limits ***NCDEQ VERIFICATION 12/4/19*** y y ' - _ _ NCSAM / NCWAM NC WAM FIELD ASSESSMENT FORM Accompanies user Manual Version b.0 USACE AID # 2019-02172 NCDWR# Project Name Towns at Cannon Date of Evaluation 8/19/2020 Applicant/Owner Name The Ardent Companies Wetland Site Name Wetland T Wetland Type Headwater Forest Assessor Name/Organization H.Caldwell/WEPG Level III Ecoregion Piedmont Nearest Named Water Body Little Sugar Creek River Basin Catawba USGS 8-Digit Catalogue Unit 03050103 County Mecklenburg NCDWR Region Mooresville F1 Yes M No Precipitation within 48 hrs? Latitude/Longitude (deci-degrees) 35.2818N/-80.7973W Evidence of stressors affecting the assessment area (may not be within the assessment area) Please circle and/or make note on the last page if evidence of stressors is apparent. Consider departure from reference, if appropriate, in recent past (for instance, within 10 years). Noteworthy stressors include, but are not limited to the following. • Hydrological modifications (examples: ditches, dams, beaver dams, dikes, berms, ponds, etc.) • Surface and sub -surface discharges into the wetland (examples: discharges containing obvious pollutants, presence of nearby septic tanks, underground storage tanks (USTs), hog lagoons, etc.) • Signs of vegetation stress (examples: vegetation mortality, insect damage, disease, storm damage, salt intrusion, etc.) • Habitat/plant community alteration (examples: mowing, clear -cutting, exotics, etc.) Is the assessment area intensively managed? ❑ Yes ® No Regulatory Considerations - Were regulatory considerations evaluated? ®Yes ❑No If Yes, check all that apply to the assessment area. ❑ Anadromous fish ❑ Federally protected species or State endangered or threatened species ❑ NCDWR riparian buffer rule in effect ❑ Abuts a Primary Nursery Area (PNA) ❑ Publicly owned property ❑ N.C. Division of Coastal Management Area of Environmental Concern (AEC) (including buffer) ❑ Abuts a stream with a NCDWQ classification of SA or supplemental classifications of HQW, ORW, or Trout ❑ Designated NCNHP reference community ❑ Abuts a 303(d)-listed stream or a tributary to a 303(d)-listed stream What type of natural stream is associated with the wetland, if any? (check all that apply) ❑ Blackwater ® Brownwater ❑ Tidal (if tidal, check one of the following boxes) ❑ Lunar ❑ Wind ❑ Both Is the assessment area on a coastal island? ❑ Yes ® No Is the assessment area's surface water storage capacity or duration substantially altered by beaver? ❑ Yes ® No Does the assessment area experience overbank flooding during normal rainfall conditions? ❑ Yes ® No 1. Ground Surface Condition/Vegetation Condition —assessment area condition metric Check a box in each column. Consider alteration to the ground surface (GS) in the assessment area and vegetation structure (VS) in the assessment area. Compare to reference wetland if applicable (see User Manual). If a reference is not applicable, then rate the assessment area based on evidence an effect. GS VS ®A ®A Not severely altered ❑B ❑B Severely altered over a majority of the assessment area (ground surface alteration examples: vehicle tracks, excessive sedimentation, fire -plow lanes, skidder tracks, bedding, fill, soil compaction, obvious pollutants) (vegetation structure alteration examples: mechanical disturbance, herbicides, salt intrusion [where appropriate], exotic species, grazing, less diversity [if appropriate], hydrologic alteration) Surface and Sub -Surface Storage Capacity and Duration — assessment area condition metric Check a box in each column. Consider surface storage capacity and duration (Surf) and sub -surface storage capacity and duration (Sub). Consider both increase and decrease in hydrology. A ditch <_ 1 foot deep is considered to affect surface water only, while a ditch > 1 foot deep is expected to affect both surface and sub -surface water. Consider tidal flooding regime, if applicable. Surf Sub ®A ®A Water storage capacity and duration are not altered. ❑B ❑B Water storage capacity or duration are altered, but not substantially (typically, not sufficient to change vegetation). ❑C ❑C Water storage capacity or duration are substantially altered (typically, alteration sufficient to result in vegetation change) (examples: draining, flooding, soil compaction, filling, excessive sedimentation, underground utility lines). Water Storage/Surface Relief — assessment area/wetland type condition metric (skip for all marshes) Check a box in each column. Select the appropriate storage for the assessment area (AA) and the wetland type (WT). AA WT 3a. ❑A ❑A Majority of wetland with depressions able to pond water > 1 deep ❑B ❑B Majority of wetland with depressions able to pond water 6 inches to 1 foot deep ❑C ❑C Majority of wetland with depressions able to pond water 3 to 6 inches deep ®D ®D Depressions able to pond water < 3 inches deep 3b. ❑A Evidence that maximum depth of inundation is greater than 2 feet ❑B Evidence that maximum depth of inundation is between 1 and 2 feet ®C Evidence that maximum depth of inundation is less than 1 foot 4. Soil Texture/Structure — assessment area condition metric (skip for all marshes) Check a box from each of the three soil property groups below. Dig soil profile in the dominant assessment area landscape feature. Make soil observations within the top 12 inches. Use most recent National Technical Committee for Hydric Soils guidance for regional indicators. 4a. ❑A Sandy soil ❑B Loamy or clayey soils exhibiting redoximorphic features (concentrations, depletions, or rhizospheres) ❑C Loamy or clayey soils not exhibiting redoximorphic features ®D Loamy or clayey gleyed soil ❑E Histosol or histic epipedon 4b. ®A Soil ribbon < 1 inch ❑B Soil ribbon >_ 1 inch 4c. ®A No peat or muck presence ❑B A peat or muck presence 5. Discharge into Wetland — opportunity metric Check a box in each column. Consider surface pollutants or discharges (Surf) and sub -surface pollutants or discharges (Sub). Examples of sub -surface discharges include presence of nearby septic tank, underground storage tank (UST), etc. Surf Sub ❑A ❑A Little or no evidence of pollutants or discharges entering the assessment area ®B ®B Noticeable evidence of pollutants or discharges entering the wetland and stressing, but not overwhelming the treatment capacity of the assessment area ❑C ❑C Noticeable evidence of pollutants or discharges (pathogen, particulate, or soluble) entering the assessment area and potentially overwhelming the treatment capacity of the wetland (water discoloration, dead vegetation, excessive sedimentation, odor) 6. Land Use — opportunity metric (skip for non -riparian wetlands) Check all that apply (at least one box in each column). Evaluation involves a GIS effort with field adjustment. Consider sources draining to assessment area within entire upstream watershed (WS), within 5 miles and within the watershed draining to the assessment area (5M), and within 2 miles and within the watershed draining to the assessment area (2M). WS 5M 2M ®A ®A ®A > 10% impervious surfaces ❑B ❑B ❑B Confined animal operations (or other local, concentrated source of pollutants ❑C ❑C ❑C >_ 20% coverage of pasture ❑D ❑D ❑D >_ 20% coverage of agricultural land (regularly plowed land) ❑E ❑E ❑E >_ 20% coverage of maintained grass/herb ❑F ❑F ❑F >_ 20% coverage of clear-cut land ❑G ❑G ❑G Little or no opportunity to improve water quality. Lack of opportunity may result from little or no disturbance in the watershed or hydrologic alterations that prevent drainage and/or overbank flow from affecting the assessment area. 7. Wetland Acting as Vegetated Buffer —assessment area/wetland complex condition metric (skip for non -riparian wetlands) 7a. Is assessment area within 50 feet of a tributary or other open water? ®Yes ❑No If Yes, continue to 7b. If No, skip to Metric 8. Wetland buffer need only be present on one side of the water body. Make buffer judgment based on the average width of wetland. Record a note if a portion of the buffer has been removed or disturbed. 7b. How much of the first 50 feet from the bank is wetland? (Wetland buffer need only be present on one side of the .water body. Make buffer judgment based on the average width of wetland. Record a note if a portion of the buffer has been removed or disturbed.) ❑A >_ 50 feet ❑B From 30 to < 50 feet ❑C From 15 to < 30 feet ❑D From 5 to < 15 feet ®E < 5 feet or buffer bypassed by ditches 7c. Tributary width. If the tributary is anastomosed, combine widths of channels/braids for a total width. ®<_ 15-feet wide ❑> 15-feet wide ❑ Other open water (no tributary present) 7d. Do roots of assessment area vegetation extend into the bank of the tributary/open water? ❑Yes ®No 7e. Is stream or other open water sheltered or exposed? ®Sheltered — adjacent open water with width < 2500 feet and no regular boat traffic. ❑Exposed — adjacent open water with width >_ 2500 feet or regular boat traffic. 8. Wetland Width at the Assessment Area — wetland type/wetland complex condition metric (evaluate WT for all marshes and Estuarine Woody Wetland only; evaluate WC for Bottomland Hardwood Forest, Headwater Forest, and Riverine Swamp Forest only) Check a box in each column for riverine wetlands only. Select the average width for the wetland type at the assessment area (WT) and the wetland complex at the assessment area (WC). See User Manual for WT and WC boundaries. WT WC ❑A ❑A >_ 100 feet ❑B ❑B From 80 to < 100 feet ❑C ❑C From 50 to < 80 feet ❑D ❑D From 40 to < 50 feet ®E ®E From 30 to < 40 feet ❑F ❑F From 15 to < 30 feet ❑G ❑G From 5 to < 15 feet ❑H ❑H < 5 feet 9. Inundation Duration — assessment area condition metric (skip for non -riparian wetlands) Answer for assessment area dominant landform. ®A Evidence of short -duration inundation (< 7 consecutive days) ❑B Evidence of saturation, without evidence of inundation ❑C Evidence of long -duration inundation or very long -duration inundation (7 to 30 consecutive days or more) 10. Indicators of Deposition — assessment area condition metric (skip for non -riparian wetlands and all marshes) Consider recent deposition only (no plant growth since deposition). ®A Sediment deposition is not excessive, but at approximately natural levels. ❑B Sediment deposition is excessive, but not overwhelming the wetland. ❑C Sediment deposition is excessive and is overwhelming the wetland. 11. Wetland Size — wetland type/wetland complex condition metric Check a box in each column. Involves a GIS effort with field adjustment. This metric evaluates three aspects of the wetland area: the size of the wetland type (WT), the size of the wetland complex (WC), and the size of the forested wetland (FW) (if applicable, see User Manual). See the User Manual for boundaries of these evaluation areas. If assessment area is clear-cut, select "K" for the FW column. WT WC FW (if applicable) ❑A ❑A ❑A >_ 500 acres ❑B ❑B ❑B From 100 to < 500 acres ❑C ❑C ❑C From 50 to < 100 acres ❑D ❑D ❑D From 25 to < 50 acres ❑E ❑E ❑E From 10 to < 25 acres ❑F ❑F ❑F From 5 to < 10 acres ❑G ❑G ❑G From 1 to < 5 acres ❑H ❑H ❑H From 0.5 to < 1 acre ®I ®I ®I From 0.1 to < 0.5 acre ❑J ❑J ❑J From 0.01 to < 0.1 acre ❑K ❑K ❑K < 0.01 acre or assessment area is clear-cut 12. Wetland Intactness — wetland type condition metric (evaluate for Pocosins only) ❑A Pocosin is the full extent (>_ 90%) of its natural landscape size. ❑B Pocosin type is < 90% of the full extent of its natural landscape size. 13. Connectivity to Other Natural Areas — landscape condition metric 13a. Check appropriate box(es) (a box may be checked in each column). Involves a GIS effort with field adjustment. This metric evaluates whether the wetland is well connected (Well) and/or loosely connected (Loosely) to the landscape patch, the contiguous naturally vegetated area and open water (if appropriate). Boundaries are formed by four -lane roads, regularly maintained utility line corridors the width of a four -lane road or wider, urban landscapes, maintained fields (pasture and agriculture), or open water > 300 feet wide. Well Loosely ❑A ❑A >_ 500 acres ❑B ❑B From 100 to < 500 acres ❑C ®C From 50 to < 100 acres ®D ❑D From 10 to < 50 acres ❑E ❑E < 10 acres ❑F ❑F Wetland type has a poor or no connection to other natural habitats 13b. Evaluate for marshes only. ❑Yes ❑No Wetland type has a surface hydrology connection to open waters/stream or tidal wetlands. 14. Edge Effect — wetland type condition metric (skip for all marshes and Estuarine Woody Wetland) May involve a GIS effort with field adjustment. Estimate distance from wetland type boundary to artificial edges. Artificial edges include non -forested areas >_ 40 feet wide such as fields, development, roads, regularly maintained utility line corridors, and clear -cuts. Consider the eight main points of the compass. Artificial edge occurs within 150 feet in how many directions? If the assessment area is clear cut, select option "C." ❑A 0 ®B 1 to 4 ❑C 5to8 15. Vegetative Composition — assessment area condition metric (skip for all marshes and Pine Flat) ❑A Vegetation is close to reference condition in species present and their proportions. Lower strata composed of appropriate species, with exotic plants absent or sparse within the assessment area. ®B Vegetation is different from reference condition in species diversity or proportions, but still largely composed of native species characteristic of the wetland type. This may include communities of weedy native species that develop after clearcutting or clearing. It also includes communities with exotics present, but not dominant, over a large portion of the expected strata. ❑C Vegetation severely altered from reference in composition, or expected species are unnaturally absent (planted stands of non - characteristic species or at least one stratum inappropriately composed of a single species), or exotic species are dominant in at least one stratum. 16. Vegetative Diversity — assessment area condition metric (evaluate for Non -tidal Freshwater Marsh only) ❑A Vegetation diversity is high and is composed primarily of native species (< 10% cover of exotics). ®B Vegetation diversity is low or has > 10% to 50% cover of exotics. ❑C Vegetation is dominated by exotic species (> 50 % cover of exotics). 17. Vegetative Structure — assessment area/wetland type condition metric 17a. Is vegetation present? ®Yes ❑No If Yes, continue to 17b. If No, skip to Metric 18. 17b. Evaluate percent coverage of assessment area vegetation for all marshes only. Skip to 17c for non -marsh wetlands. ®A >_ 25% coverage of vegetation ❑B < 25% coverage of vegetation 17c. Check a box in each column for each stratum. Evaluate this portion of the metric for non -marsh wetlands. Consider structure in airspace above the assessment area (AA) and the wetland type (WT) separately. TAA WT o ❑A ❑A Canopy closed, or nearly closed, with natural gaps associated with natural processes m ®B ®B Canopy present, but opened more than natural gaps U ❑C ❑C Canopy sparse or absent T o ❑A ❑A Dense mid-story/sapling layer ®B ®B Moderate density mid-story/sapling layer ❑C ❑C Mid-story/sapling layer sparse or absent - ❑A ❑A Dense shrub layer Moderate density layer 1E ®B ®B shrub U) ❑C ❑C Shrub layer sparse or absent -0 ®A ®A Dense herb layer _ ❑B ❑B Moderate density herb layer ❑C ❑C Herb layer sparse or absent 18. Snags — wetland type condition metric (skip for all marshes) ❑A Large snags (more than one) are visible (> 12 inches DBH, or large relative to species present and landscape stability). ®B Not A 19. Diameter Class Distribution — wetland type condition metric (skip for all marshes) ❑A Majority of canopy trees have stems > 6 inches in diameter at breast height (DBH); many large trees (> 12 inches DBH) are present. ®B Majority of canopy trees have stems between 6 and 12 inches DBH, few are > 12 inch DBH. ❑C Majority of canopy trees are < 6 inches DBH or no trees. 20. Large Woody Debris — wetland type condition metric (skip for all marshes) Include both natural debris and man -placed natural debris. ❑A Large logs (more than one) are visible (> 12 inches in diameter, or large relative to species present and landscape stability). ®B Not 21. Vegetation/Open Water Dispersion — wetland type/open water condition metric (evaluate for Non -Tidal Freshwater Marsh only) Select the figure that best describes the amount of interspersion between vegetation and open water in the growing season. Patterned areas indicate vegetated areas, while solid white areas indicate open water. ®A ❑B ❑C ❑D 22. Hydrologic Connectivity — assessment area condition metric (evaluate for riparian wetlands and Salt/Brackish Marsh only) Examples of activities that may severely alter hydrologic connectivity include intensive ditching, fill, sedimentation, channelization, diversion, man-made berms, beaver dams, and stream incision. Documentation required if evaluated as B, C, or D. ®A Overbank and overland flow are not severely altered in the assessment area. ❑B Overbank flow is severely altered in the assessment area. ❑C Overland flow is severely altered in the assessment area. ❑D Both overbank and overland flow are severely altered in the assessment area. Notes Higly urbanized setting consisting of adjacent residential and commercial developments. NC WAM Wetland Rating Sheet Accompanies User Manual Version 5.0 Wetland Site Name Wetland T Date of Assessment 8/19/2020 Wetland Type Headwater Forest Assessor Name/Organization H.Caldwell/WEPG Notes on Field Assessment Form (Y/N) YES Presence of regulatory considerations (Y/N) NO Wetland is intensively managed (Y/N) NO Assessment area is located within 50 feet of a natural tributary or other open water (Y/N) YES Assessment area is substantially altered by beaver (Y/N) NO Assessment area experiences overbank flooding during normal rainfall conditions (Y/N) NO Assessment area is on a coastal island (Y/N) NO Sub -function Ratina Summa Function Sub -function Metrics Rating Hydrology Surface Storage and Retention Condition MEDIUM Sub -surface Storage and Retention Condition HIGH Water Quality Pathogen Change Condition LOW Condition/Opportunity MEDIUM Opportunity Presence (Y/N) YES Particulate Change Condition HIGH Condition/Opportunity NA Opportunity Presence (Y/N) NA Soluble Change Condition MEDIUM Condition/Opportunity HIGH Opportunity Presence (Y/N) YES Physical Change Condition LOW Condition/Opportunity LOW Opportunity Presence (Y/N) YES Pollution Change Condition NA Condition/Opportunity NA Opportunity Presence (Y/N) NA Habitat Physical Structure Condition MEDIUM Landscape Patch Structure Condition LOW Veaetation Composition Condition MEDIUM Function Ratina Summa Function Metrics Rating Hydrology Condition HIGH Water Quality Condition LOW Condition/Opportunity MEDIUM Opportunity Presence (Y/N) YES Habitat Condition LOW Overall Wetland Rating LOW NC SAM FIELD ASSESSMENT RESULTS user rvianuai version d.,i USACE AID #: SAW-2019-02172 NCDWR #: INSTRUCTIONS: Attach a sketch of the assessment area and photographs. Attach a copy of the USGS 7.5-minute topographic quadrangle, and circle the location of the stream reach under evaluation. If multiple stream reaches will be evaluated on the same property, identify and number all reaches on the attached map, and include a separate form for each reach. See the NC SAM User Manual for detailed descriptions and explanations of requested information. Record in the "Notes/Sketch" section if supplementary measurements were performed. See the NC SAM User Manual for examples of additional measurements that may be relevant. NOTE EVIDENCE OF STRESSORS AFFECTING THE ASSESSMENT AREA (do not need to be within the assessment area). PROJECT/SITE INFORMATION: 1. Project name (if any): Towns at Cannon 3. Applicant/owner name: The Ardent Comp 5. County: Mecklenburg 7. River basin: Catawba nies 2. Date of evaluation: 8/19/2020 Assessor name/organization Nearest named water body on USGS 7.5-minute quad: H.Caldwell/WEPG 03050103 8. Site coordinates (decimal degrees, at lower end of assessment reach): 35.281 N/-80.7975W STREAM INFORMATION: (depth and width can be approximations) 9. Site number (show on attached map): Stream B 10. Length of assessment reach evaluated (feet): 200 11. Channel depth from bed (in riffle, if present) to top of bank (feet): 1 ❑Unable to assess channel depth. 12. Channel width at top of bank (feet): 2 13. Is assessment reach a swamp steam? ❑Yes ❑No 14. Feature type: ❑Perennial flow ®Intermittent flow ❑Tidal Marsh Stream STREAM CATEGORY INFORMATION: 15. NC SAM Zone: ❑ Mountains (M) ® Piedmont (P) ❑ Inner Coastal Plain (1) ❑ Outer Coastal Plain (0) 16. Estimated geomorphic ®A El valley shape (skip for Tidal Marsh Stream): (more sinuous stream, flatter valley slope) (less sinuous stream, steeper valley slope) 17. Watershed size: (skip ®Size 1 (< 0.1 mi2) ❑Size 2 (0.1 to < 0.5 mil) ❑Size 3 (0.5 to < 5 mil) ❑Size 4 (>_ 5 mil) for Tidal Marsh Stream) ADDITIONAL INFORMATION: 18. Were regulatory considerations evaluated? ®Yes ❑No If Yes, check all that apply to the assessment area. ❑Section 10 water ❑Classified Trout Waters ❑Water Supply Watershed (❑l ❑II ❑III ❑IV ❑V) ❑Essential Fish Habitat ❑Primary Nursery Area ❑ High Quality Waters/Outstanding Resource Waters ❑Publicly owned property ❑NCDWR Riparian buffer rule in effect ❑Nutrient Sensitive Waters ❑Anadromous fish ❑303(d) List ❑CAMA Area of Environmental Concern (AEC) ❑Documented presence of a federal and/or state listed protected species within the assessment area. List species: ❑Designated Critical Habitat (list species) 19. Are additional stream information/supplementary measurements included in "Notes/Sketch" section or attached? ®Yes ❑No 1. Channel Water— assessment reach metric (skip for Size 1 streams and Tidal Marsh Streams) ❑A Water throughout assessment reach. ❑B No flow, water in pools only. ®C No water in assessment reach. 2. Evidence of Flow Restriction — assessment reach metric ❑A At least 10% of assessment reach in -stream habitat or riffle -pool sequence is severely affected by a flow restriction or fill to the point of obstructing flow or a channel choked with aquatic macrophytes or ponded water or impoundment on flood or ebb within the assessment reach (examples: undersized or perched culverts, causeways that constrict the channel, tidal gates, debris jams, beaver dams). ®B Not A 3. Feature Pattern — assessment reach metric ❑A A majority of the assessment reach has altered pattern (examples: straightening, modification above or below culvert). ®B Not 4. Feature Longitudinal Profile — assessment reach metric ❑A Majority of assessment reach has a substantially altered stream profile (examples: channel down -cutting, existing damming, over widening, active aggradation, dredging, and excavation where appropriate channel profile has not reformed from any of these disturbances). ®B Not A 5. Signs of Active Instability — assessment reach metric Consider only current instability, not past events from which the stream has currently recovered. Examples of instability include active bank failure, active channel down -cutting (head -cut), active widening, and artificial hardening (such as concrete, gabion, rip -rap). ®A < 10% of channel unstable ❑B 10 to 25% of channel unstable ❑C > 25% of channel unstable 6. Streamside Area Interaction — streamside area metric Consider for the Left Bank (LB) and the Right Bank (RB). LB RB ❑A ❑A Little or no evidence of conditions that adversely affect reference interaction ®B ®B Moderate evidence of conditions (examples: berms, levees, down -cutting, aggradation, dredging) that adversely affect reference interaction (examples: limited streamside area access, disruption of flood flows through streamside area, leaky or intermittent bulkheads, causeways with floodplain constriction, minor ditching [including mosquito ditching]) ❑C ❑C Extensive evidence of conditions that adversely affect reference interaction (little to no floodplain/intertidal zone access [examples: causeways with floodplain and channel constriction, bulkheads, retaining walls, fill, stream incision, disruption of flood flows through streamside area] or too much floodplain/intertidal zone access [examples: impoundments, intensive mosquito ditching]) or floodplain/intertidal zone unnaturally absent or assessment reach is a man-made feature on an interstream divide Water Quality Stressors — assessment reach/intertidal zone metric Check all that apply. ❑A Discolored water in stream or intertidal zone (milky white, blue, unnatural water discoloration, oil sheen, stream foam) ®B Excessive sedimentation (burying of stream features or intertidal zone) ❑C Noticeable evidence of pollutant discharges entering the assessment reach and causing a water quality problem ❑D Odor (not including natural sulfide odors) ❑E Current published or collected data indicating degraded water quality in the assessment reach. Cite source in "Notes/Sketch" section. ❑F Livestock with access to stream or intertidal zone ❑G Excessive algae in stream or intertidal zone ❑H Degraded marsh vegetation in the intertidal zone (removal, burning, regular mowing, destruction, etc) ®I Other: (explain in "Notes/Sketch" section) ❑J Little to no stressors 8. Recent Weather — watershed metric (skip for Tidal Marsh Streams) For Size 1 or 2 streams, D1 drought or higher is considered a drought; for Size 3 or 4 streams, D2 drought or higher is considered a drought. ❑A Drought conditions and no rainfall or rainfall not exceeding 1 inch within the last 48 hours ❑B Drought conditions and rainfall exceeding 1 inch within the last 48 hours ®C No drought conditions 9. Large or Dangerous Stream — assessment reach metric ❑Yes ®No Is stream is too large or dangerous to assess? If Yes, skip to Metric 13 (Streamside Area Ground Surface Condition). 10. Natural In -stream Habitat Types — assessment reach metric 10a. ❑Yes ❑No Degraded in -stream habitat over majority of the assessment reach (examples of stressors include excessive sedimentation, mining, excavation, in -stream hardening [for example, rip -rap], recent dredging, and snagging) (evaluate for Size 4 Coastal Plain streams only, then skip to Metric 12) 10b. Check all that occur (occurs if > 5% coverage of assessment reach) (skip for Size 4 Coastal Plain streams) ❑A Multiple aquatic macrophytes and aquatic mosses F, W ❑F 5% oysters or other natural hard bottoms (include liverworts, lichens, and algal mats) F E ❑G Submerged aquatic vegetation ❑B Multiple sticks and/or leaf packs and/or emergent o Y ❑H Low -tide refugia (pools) vegetation Y rC ❑I Sand bottom ❑C Multiple snags and logs (including lap trees) r ❑J 5% vertical bank along the marsh ®D 5% undercut banks and/or root mats and/or roots ❑K Little or no habitat in banks extend to the normal wetted perimeter ❑E Little or no habitat *********************************REMAINING QUESTIONS ARE NOT APPLICABLE FOR TIDAL MARSH STREAMS**************************** 11. Bedform and Substrate —assessment reach metric (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams) 11 a. ❑Yes ®No Is assessment reach in a natural sand -bed stream? (skip for Coastal Plain streams) 11 b. Bedform evaluated. Check the appropriate box(es). ®A Riffle -run section (evaluate 11c) ❑B Pool -glide section (evaluate 11d) ❑C Natural bedform absent (skip to Metric 12, Aquatic Life) 11 c. In riffle sections, check all that occur below the normal wetted perimeter of the assessment reach — whether or not submerged. Check at least one box in each row (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams). Not Present (NP) = absent, Rare (R) = present but < 10%, Common (C) _ > 10-40%, Abundant (A) _ > 40-70%, Predominant (P) _ > 70%. Cumulative percentages should not exceed 100% for each assessment reach. NP R C A P ® ❑ ❑ ❑ ❑ Bedrock/saprolite ® ❑ ❑ ❑ ❑ Boulder (256 — 4096 mm) ® ❑ ❑ ❑ ❑ Cobble (64 — 256 mm) ❑ ® ❑ ❑ ❑ Gravel (2 — 64 mm) ❑ ❑ ❑ ❑ ® Sand (.062 — 2 mm) ❑ ❑ ® ❑ ❑ Silt/clay (< 0.062 mm) ❑ ® ❑ ❑ ❑ Detritus ® ❑ ❑ ❑ ❑ Artificial (rip -rap, concrete, etc.) 11d. ❑Yes ❑No Are pools filled with sediment? (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams) 12 Aquatic Life — assessment reach metric (skip for Tidal Marsh Streams) 12a. ❑Yes ®No Was an in -stream aquatic life assessment performed as described in the User Manual? If No, select one of the following reasons and skip to Metric 13. ®No Water ❑Other: 12b. ❑Yes ❑No Are aquatic organisms present in the assessment reach (look in riffles, pools, then snags)? If Yes, check all that apply. If No, skip to Metric 13. 1 >1 Numbers over columns refer to "individuals" for Size 1 and 2 streams and "taxa" for Size 3 and 4 streams. ❑ ❑Adult frogs ❑ ❑Aquatic reptiles ❑ ❑Aquatic macrophytes and aquatic mosses (include liverworts, lichens, and algal mats) ❑ ❑Beetles ❑ ❑Caddisfly larvae (T) ❑ ❑Asian clam (Corbicula) ❑ ❑Crustacean (isopod/amphipod/crayfish/shrimp) ❑ ❑Damselfly and dragonfly larvae ❑ ❑Dipterans ❑ ❑Mayfly larvae (E) ❑ ❑Megaloptera (alderfly, fishfly, dobsonfly larvae) ❑ ❑Midges/mosquito larvae ❑ ❑Mosquito fish (Gambusia) or mud minnows (Umbra pygmaea) ❑ ❑Mussels/Clams (not Corbicula) ❑ ❑Other fish ❑ ❑ Sala manders/tad poles ❑ ❑Snails ❑ ❑Stonefly larvae (P) ❑ ❑Tipulid larvae ❑ ❑Worms/leeches 13. Streamside Area Ground Surface Condition — streamside area metric (skip for Tidal Marsh Streams and B valley types) Consider for the Left Bank (LB) and the Right Bank (RB). Consider storage capacity with regard to both overbank flow and upland runoff. LB RB ®A ®A Little or no alteration to water storage capacity over a majority of the streamside area ❑B ❑B Moderate alteration to water storage capacity over a majority of the streamside area ❑C ❑C Severe alteration to water storage capacity over a majority of the streamside area (examples: ditches, fill, soil compaction, livestock disturbance, buildings, man-made levees, drainage pipes) 14. Streamside Area Water Storage — streamside area metric (skip for Size 1 streams, Tidal Marsh Streams, and B valley types) Consider for the Left Bank (LB) and the Right Bank (RB) of the streamside area. LB RB ❑A ❑A Majority of streamside area with depressions able to pond water >_ 6 inches deep ❑B ❑B Majority of streamside area with depressions able to pond water 3 to 6 inches deep ®C ®C Majority of streamside area with depressions able to pond water < 3 inches deep 15. Wetland Presence — streamside area metric (skip for Tidal Marsh Streams) Consider for the Left Bank (LB) and the Right Bank (RB). Do not consider wetlands outside of the streamside area or within the normal wetted perimeter of assessment reach. LB RB ®Y ❑Y Are wetlands present in the streamside area? ❑N ON 16. Baseflow Contributors — assessment reach metric (skip for Size 4 streams and Tidal Marsh Streams) Check all contributors within the assessment reach or within view of and draining to the assessment reach. ❑A Streams and/or springs (jurisdictional discharges) ❑B Ponds (include wet detention basins; do not include sediment basins or dry detention basins) ❑C Obstruction passing flow during low -flow periods within the assessment area (beaver dam, leaky dam, bottom -release dam, weir) ❑D Evidence of bank seepage or sweating (iron in water indicates seepage) ®E Stream bed or bank soil reduced (dig through deposited sediment if present) ❑F None of the above 17. Baseflow Detractors — assessment area metric (skip for Tidal Marsh Streams) Check all that apply. ❑A Evidence of substantial water withdrawals from the assessment reach (includes areas excavated for pump installation) ❑B Obstruction not passing flow during low -flow periods affecting the assessment reach (ex: watertight dam, sediment deposit) ®C Urban stream (>_ 24% impervious surface for watershed) ®D Evidence that the streamside area has been modified resulting in accelerated drainage into the assessment reach ❑E Assessment reach relocated to valley edge ❑F None of the above 18. Shading — assessment reach metric (skip for Tidal Marsh Streams) Consider aspect. Consider "leaf -on" condition. ®A Stream shading is appropriate for stream category (may include gaps associated with natural processes) ❑B Degraded (example: scattered trees) ❑C Stream shading is gone or largely absent 19. Buffer Width — streamside area metric (skip for Tidal Marsh Streams) Consider "vegetated buffer" and "wooded buffer" separately for left bank (LB) and right bank (RB) starting at the top of bank out to the first break. Vegetated Wooded LB RB LB RB ®A ®A ®A ❑A >_ 100 feet wide or extends to the edge of the watershed ❑B ❑B ❑B ❑B From 50 to < 100 feet wide ❑C ❑C ❑C ®C From 30 to < 50 feet wide ❑D ❑D ❑D ❑D From 10 to < 30 feet wide ❑E ❑E ❑E ❑E < 10 feet wide or no trees 20. Buffer Structure — streamside area metric (skip for Tidal Marsh Streams) Consider for left bank (LB) and right bank (RB) for Metric 19 ("Vegetated" Buffer Width). LB RB ®A ❑A Mature forest ❑B ®B Non -mature woody vegetation or modified vegetation structure ❑C ❑C Herbaceous vegetation with or without a strip of trees < 10 feet wide ❑D ❑D Maintained shrubs ❑E ❑E Little or no vegetation 21. Buffer Stressors — streamside area metric (skip for Tidal Marsh Streams) Check all appropriate boxes for left bank (LB) and right bank (RB). Indicate if listed stressor abuts stream (Abuts), does not abut but is within 30 feet of stream (< 30 feet), or is between 30 to 50 feet of stream (30-50 feet). If none of the following stressors occurs on either bank, check here and skip to Metric 22: ❑ Abuts < 30 feet 30-50 feet LB RB LB RB LB RB ❑A ❑A ❑A ❑A ❑A ❑A Row crops ❑B ❑B ❑B ❑B ❑B ®B Maintained turf ❑C ❑C ❑C ❑C ❑C ❑C Pasture (no livestock)/commercial horticulture ❑D ❑D ❑D ❑D ❑D ❑D Pasture (active livestock use) 22. Stem Density — streamside area metric (skip for Tidal Marsh Streams) Consider for left bank (LB) and right bank (RB) for Metric 19 ("Wooded" Buffer Width). LB RB ®A ®A Medium to high stem density ❑B ❑B Low stem density ❑C ❑C No wooded riparian buffer or predominantly herbaceous species or bare ground 23. Continuity of Vegetated Buffer — streamside area metric (skip for Tidal Marsh Streams) Consider whether vegetated buffer is continuous along stream (parallel). Breaks are areas lacking vegetation > 10 feet wide. LB RB ®A ®A The total length of buffer breaks is < 25 percent. ❑B ❑B The total length of buffer breaks is between 25 and 50 percent. ❑C ❑C The total length of buffer breaks is > 50 percent. 24. Vegetative Composition — streamside area metric (skip for Tidal Marsh Streams) Evaluate the dominant vegetation within 100 feet of each bank or to the edge of the watershed (whichever comes first) as it contributes to assessment reach habitat. LB RB ❑A ❑A Vegetation is close to undisturbed in species present and their proportions. Lower strata composed of native species, with non-native invasive species absent or sparse. ®B ®B Vegetation indicates disturbance in terms of species diversity or proportions, but is still largely composed of native species. This may include communities of weedy native species that develop after clear -cutting or clearing or communities with non-native invasive species present, but not dominant, over a large portion of the expected strata or communities missing understory but retaining canopy trees. ❑C ❑C Vegetation is severely disturbed in terms of species diversity or proportions. Mature canopy is absent or communities with non-native invasive species dominant over a large portion of expected strata or communities composed of planted stands of non -characteristic species or communities inappropriately composed of a single species or no vegetation. 25. Conductivity — assessment reach metric (skip for all Coastal Plain streams) 25a. ❑Yes ®No Was conductivity measurement recorded? If No, select one of the following reasons. ❑No Water ❑Other: 25b. Check the box corresponding to the conductivity measurement (units of microsiemens per centimeter). ❑A < 46 ❑B 46 to < 67 ❑C 67 to < 79 ❑D 79 to < 230 ❑E >_ 230 Notes/Sketch: Intermittent stream adjacent residential area. Majority of hydrology is from precipitation/flash flows from developed area Draft NC SAM Stream Rating Sheet Accompanies User Manual Version 2.1 Stream Site Name Towns at Cannon Date of Assessment 8/19/2020 Stream Category Pal Assessor Name/Organization H.Caldwell/WEPG Notes of Field Assessment Form (Y/N) YES Presence of regulatory considerations (Y/N) NO Additional stream information/supplementary measurements included (Y/N) YES NC SAM feature type (perennial, intermittent, Tidal Marsh Stream) Intermittent USACE/ NCDWR Function Class Rating Summary All Streams Intermittent (1) Hydrology HIGH HIGH (2) Baseflow MEDIUM MEDIUM (2) Flood Flow HIGH HIGH (3) Streamside Area Attenuation HIGH HIGH (4) Floodplain Access MEDIUM MEDIUM (4) Wooded Riparian Buffer HIGH HIGH (4) Microtopography HIGH HIGH (3) Stream Stability HIGH HIGH (4) Channel Stability HIGH HIGH (4) Sediment Transport LOW LOW (4) Stream Geomorphology HIGH HIGH (2) Stream/Intertidal Zone Interaction NA NA (2) Longitudinal Tidal Flow NA NA (2) Tidal Marsh Stream Stability NA NA (3) Tidal Marsh Channel Stability NA NA (3) Tidal Marsh Stream Geomorphology NA NA (1) Water Quality MEDIUM MEDIUM (2) Baseflow MEDIUM MEDIUM (2) Streamside Area Vegetation HIGH HIGH (3) Upland Pollutant Filtration HIGH HIGH (3) Thermoregulation HIGH HIGH (2) Indicators of Stressors YES YES (2) Aquatic Life Tolerance OMITTED NA (2) Intertidal Zone Filtration NA NA (1) Habitat LOW HIGH (2) In -stream Habitat LOW MEDIUM (3) Baseflow MEDIUM MEDIUM (3) Substrate LOW LOW (3) Stream Stability HIGH HIGH (3) In -stream Habitat LOW HIGH (2) Stream -side Habitat HIGH HIGH (3) Stream -side Habitat HIGH HIGH (3) Thermoregulation HIGH HIGH (2) Tidal Marsh In -stream Habitat NA NA (3) Flow Restriction NA NA (3) Tidal Marsh Stream Stability NA NA (4) Tidal Marsh Channel Stability NA NA (4) Tidal Marsh Stream Geomorphology NA NA (3) Tidal Marsh In -stream Habitat NA NA (2) Intertidal Zone NA NA Overall MEDIUM HIGH a- J i O Q v oC 22 Threatened & Endangered Species Report Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. 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. co m For 1515 Cannon Avenue Mecklenburg County, North Carolina By: Lisa R. Gaffney August 14, 2020 www.wetiands-epg.com Ashesrile Office: 1070 Tunnel Rd., Bldg. I Suite 10, PMB 283 Asheville, NC 28805 1515 Cannon Avenue - Threatened /Endangered /Protected Species Evaluation GENERAL LANDSCAPE DESCRIPTION: The 1515 Cannon Avenue site (+/- 41.75 acres) is located just north of Cannon Avenue, and west of W. Sugar Creek Road in Charlotte, Mecklenburg County, North Carolina. It can be found on the Derita, NC USGS Topographic Quadrangle Map; latitude is 35.2779 N, longitude is-80.7981 W. The topography consists of gentle slopes, creeks, and riparian corridors, with the elevation ranging from 750 to 790 ft. (Figure 1). Figure 1: USGS MAP - Derita, NC Quadrangle (1993) �� '' t �r: . s •'I rita Project 8arrndary / r• - -' Study Limits :I f(a- 1+1-) 51-75 ages � � �'`vp - Ath19t'C field_ 'INTERCHANGE 4 93 . ■� .F $5 _ ` Nil ■� - - l Unnamed TrlGu[ary to � • + tit ` / .. Ufla.SLrgar Erask 67 • 1 / -1' LOCATION Lat' 35-77792 9K, Long:-80.79818 9W HUC:03050103 (Lower Catawba) -7 acres: 1515 CANNON AVENUE on>rn uy- uc��rwmd uy: {+/-1 41-75 Mecklenburg CauntV, NC "K FIGURE 1 p9119/I9 USGS Map — Derita, NC Quadrangle (1993) me kdc a cnmvanW' _ ApproA mate Localim, For5tudy Pu'p tSeS Un�y S.NMt to U5ACC NCaO, and CAa55 vrArmfion Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. 1515 Cannon Avenue - 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 weeks of October 14, 2019 and August 10, 2020. Table 1: Threatened / Endangered / Protected Species listed for Mecklenburg County County: Mecklenburg, NC *Source: US Fish & Wildlife Service **Data search on October 14, 2019 ***Updated August 10, 2020 Group Name Status Record Status Invertebrate Carolina Heelsplitter (Lasmigona Endangered Current decorata Invertebrate Rusty -patched Bumble Bee Endangered Historic (Bombus affinis) Vascular Plants Smooth Coneflower (Echinacea Endangered Current laevi ata Vascular Plants Schweinitz's Sunflower (Helianthus Endangered Current schweinitzii) Vascular Plants Michaux's Sumac (Rhus michauxii) Endangered Current Vertebrate Northern Long -Eared Bat (Myotis Threatened Probable/Potential septentrionalis) Vertebrate Bald Eagle (Haliaeetus Protected under the Bald Current leucocephalus) and Golden Eagle Protection Act Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. 1515 Cannon Aveyi»e - T177-eatened / Endangered / M-ntected 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). WEPG 4 Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. 1515 Cannon Aveiiw, - T177-eatened / Fndanger(,d / M-ntected Species Evaluation RESULTS: This site is in an urbanized setting. It is surrounded by a residential neighborhood to the north, commercial and light industrial businesses to the east and west, and Interstate-85 corridor to the south. The site consists of wooded slopes and stream corridors of small tributaries to Little Sugar Creek. There is a strong presence of non-native invasive species throughout the site. This condition is not uncommon in older, urbanized areas in the city. The majority of the site is covered in a mixed hardwood forest with mature trees. Many of the trees are covered with climbing English Ivy (Hedera helix), which is also the predominant ground cover in some areas. Canopy tree species include American Elm (Ulmus americans), Green Ash (Fraxinus pennsylvanica), Black Locust (Robinia pseudoacacia), Willow Oak (Quercus phellos), White Oak (Q. alba), Sweet Gum (Liquidambar styraciflua), Tulip Poplar (Liriodendron tulipifera),Cottonwood (Populus deltoides), Black Walnut (Juglans nigra), River Birch (Betula nigra), and Red Maple (Acerrubra). Sub -canopy species include Southern Magnolia (Magnolia grandiflora), Sourwood (Oxydendrum arboreum), Flowering Dogwood (Corpus f/orida), and American Holly (Ilex opaca). The primary shrub species present is Chinese Privet (Ligustrum sinense). Additional shrub species includes Blackberry (Rubus sp.), Multiflora Rose (Rosa multif/ora), and Red Tips (Photinia sp.). English Ivy (Hedera helix) is the strongly dominant vine. Additional vines observed were Japanese Honeysuckle (Lonicera japonica), Muscadine (Vitis rotundifolia), Poison Ivy (Toxicodendron radicans), and Catbrier (Smilax sp.). Herbs present include the dominant Japanese Stiltgrass (Microstegium vimineum), along with Christmas Fern (Polystichum acrostichoides), Ebony Spleenwort (Asplenium platyneuron), Panic Grass (Panicum sp.), False Nettle (Boehmeria cylindrica), Jumpseed (Tovara virginiana), and Knotweed (Polygonum sp.). The slopes and adjacent uplands on the western side of the site are covered with mixed mature and young Loblolly (Pinus taeda) dominated pine stands along with Short -leaf Pine (P. echinata) and Virginia Pine (P. virginiana). There is an old fence line along Cannon Avenue, with overhanging tree limbs and climbing English Ivy. The boundary along the roadside is shady. The thin transitional areas are dominated by common weedy species such as Goldenrod (Solidago sp.), Ragweed (Ambrosia artemisiifolia), Rabbit Tobacco (Gnapthalium obtusifolium), and Pokeweed (Phytolacca americans). WEPG Wetlands and Environmental Planning Group 1515 Cannon Avenue - Threatened / Endangered / Protected Species Evaluation 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. The streams on site do not have the habitat characteristics required to support populations of the Carolina Heelsplitter. Based on existing documentation, Carolina Heelsplitter populations have not been previously identified within this basin. No individuals were observed during the survey nor would any be expected on -site. Comparing this site location to the USFWS Asheville office's website (http://www.fws.gov/asheville/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, 041XI # 1*e�l Lisa R. Gaffney Biologist August 14, 2020 6 Wetlands and Environmental Planning Group 1515 Cannon Avenue - 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 nanif/ora). • 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 7 Leonard S. Rindner, PLLC.