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HomeMy WebLinkAbout20201730 Ver 1_401 Application_20210106T Pre -Filing Meeting Request Form ID#* 20201730 Version* 1 Regional Office * Mooresville Regional Office - (704) 663-1699 Reviewer List* Alan Johnson Pre -Filing Meeting Request submitted 11/11/2020 Contact Name * Contact Email Address Project Name * Project Own erN Project County t Owner Address: Perry Isner perryisner@wetlands-vvaters.com Villages at Creedmore LGI Fbmes NC, LLC Mecklenburg Street Address 3037 Sherman Drive Address line 2 UY Lancaster FOstal / Zip Code 29720 Is this a transportation project? * r Yes r No RECE1VED1NCDF(,'" N'P JAN 0 6 ?.021 Non -Discharge Permitting Unit State / Province / Region SC Country United States Type(s) of approval sought from the DWR: 401 Water Quality Certification - F 401 Water Quality Certification - �, Q Regular Express • Individual Permit Modification I JJJ1 • Shoreline Stabilization Does this project have an existing project ID#? Yes r No Do you know the name of the staff member you would like to request a meeting with? Alan Johnson Please give a brief project description below. Proposed residential development. Please give a couple of dates you are available for a meeting. 11 /16/2020 V, 11 /17/2020 Please attach the documentation you would like to have the meeting about. 2020_11_10 Villages at Creedmore - Stream 4.06MB Mitigation Exhibit.pdf pdf oily By digitally signing below, I certify that I have read and understood that per the Federal Clean Water Act Section 401 Certification Rule the following statements: • This form completes the requirement of the Pre -Filing Meeting Request in the Clean Water Act Section 401 Certification Rule. • I understand by signing this form that I cannot submit my application until 30 calendar days after this pre -filing meeting request. 1 also understand that DWR is not required to respond or grant the meeting request. Your project's thirty -day clock started upon receipt of this application. You will receive notification regarding meeting location and time if a meeting is necessary. You will receive notification when the thirty -day clock has expired, and you can submit an application. Signature I" /m& Submittal Date 11/11/2020 \0,O ,,NA7-�9 I�JILlL3l o�< Office Use Only: Corps action ID no. DWQ project no. Form Version 1.3 Dec 10 2008 Pre -Construction Notification (PCN) Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: ®Section 404 Permit El Section 10 Permit 1b. Specify Nationwide Permit (NWP) number: 29 or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? ® Yes ❑ No 1d. Type(s) of approval sought from the DWQ (check all that apply): ® 401 Water Quality Certification — Regular ❑ Non-404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ❑ Yes ® No For the record only for Corps Permit: ❑ Yes ® No 1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. ❑ Yes ® No 1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ❑ Yes ® No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ® No 2. Project Information 2a. Name of project: Villages at Creedmore 2b. County: Mecklenburg 2c. Nearest municipality / town: Charlotte 2d. Subdivision name: Villages at Creedmore 2e. NCDOT only, T.I.P. or state project no: n/a 3. Owner Information 3a. Name(s) on Recorded Deed: LGI Homes NC, LLC 3b. Deed Book and Page No. 34144-986 3c. Responsible Party (for LLC if applicable): Bobby MacNaughton 3d. Street address: 3037 Sherman Drive 3e. City, state, zip: Lancaster, SC 29720 3f. Telephone no.: 803.381.3391 3g. Fax no.: n/a 3h. Email address: bmacnaughton@lgihomes.com Page 1 of 11 PCN Form — Version 1.3 December 10, 2008 Version 4. Applicant Information (if different from owner) 4a. Applicant is: ❑ Agent ❑ Other, specify: 4b. Name: 4c. Business name (if applicable): 4d. Street address: 4e. City, state, zip: 4f. Telephone no.: 4g. Fax no.: 4h. Email address: 5. Agent/Consultant Information (if applicable) 5a. Name: Perry Isner 5b. Business name (if applicable): Wetlands & Waters, Inc. 5c. Street address: 328 East Broad Street, Suite D 5d. City, state, zip: Statesville, NC 28677 5e. Telephone no.: 704.773.4239 5f. Fax no.: n/a 5g. Email address: perryisner@wetlands-waters.com Page 2 of 11 PCN Form — Version 1.3 December 10, 2008 Version B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 05548101, 05548106 1 b. Site coordinates (in decimal degrees): Latitude: 35.28543 Longitude: --80.96218 (DD.DDDDDD) (-DD.DDDDDD) 1 c. Property size: 30 acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to Long Creek proposed project: 2b. Water Quality Classification of nearest receiving water: WS-IV 2c. River basin: Catawba 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 primarily vacant, forested lands and is bounded on two sides by existing railways, with 1-485 forming the western property boundary. 3b. List the total estimated acreage of all existing wetlands on the property: 0.44 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 3225 3d. Explain the purpose of the proposed project: The purpose of the proposed is to construct a residential devleopment to meet the growing demand for housing in this region and to meet the economic expectations of the landowner. 3e. Describe the overall project in detail, including the type of equipment to be used: The project includes the proposed development and supporting infrastructure including internal roadways, utilities, amenities, and stormwater facilities. Typical earth -moving equipment will be utilized including but not limited to pan, excavator, bulldozer, and dump -truck. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / ® Yes [_1No ElUnknown project (including all prior phases) in the past? Comments: 4b. If the Corps made the jurisdictional determination, what type El Preliminary El Final of determination was made? 4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: Name (if known): Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. unknown 5. Project History 5a. Have permits or certifications been requested or obtained for ❑ Yes ® No ❑ Unknown this project (including all prior phases) in the past? 5b. If yes, explain in detail according to "help file" instructions. 6. Future Project Plans 6a. Is this a phased project? ❑ Yes ® No 6b. If yes, explain. Page 3 of 11 PCN Form — Version 1.3 December 10, 2008 Version Page 4 of 11 PCN Form — Version 1.3 December 10, 2008 Version C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): ❑ Wetlands ® Streams - tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. 2b. 2c. 2d. 2e. 2f. Wetland impact Type of jurisdiction number — Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact Permanent (P) or (if known) DWQ — non-404, other) (acres) Temporary T W 1 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W2 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W3 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W4 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W5 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W6 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ 2g. Total wetland impacts 2h. Comments: 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. 3b. 3c. 3d. 3e. 3f. 3g. Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact number - (PER) or (Corps - 404, 10 stream length Permanent (P) or intermittent DWQ — non-404, width (linear Temporary (T) (INT)? other) (feet) feet) S1 ®P ❑ T Culvert UT to Thomas ® PER ® Corps 5 78 Pond ❑ INT ❑ DWQ S2 ®P ❑ T Inlet/Outlet Riprap UT to Thomas Pond ® PER ❑ INT ® Corps ❑ DWQ 5 44 S3 ❑ P ®T Pump -around / construction UT to Thomas ® PER ® Corps 5 20 Pond ❑INT El DWQ access S4 ®P ❑ T Culvert UT to Thomas ❑ PER ® Corps 3 20 Pond ® INT ❑ DWQ S5 ®P ❑ T Inlet/Outlet Riprap UT to Thomas Pond ❑ PER ® INT ® Corps ❑ DWQ 3 44 S6 ❑ P ®T Pump -around / construction UT to Thomas ❑ PER ® Corps 3 20 Pond ®INT El DWQ access 3h. Total stream and tributary impacts 226 3i. Comments: As permanent impacts for purposes of culverts are less than 150 LF, compensatory mitigation is not proposed. Riprap aprons will be pressed into the stream channel at the existing grade such that aquatic functions are maintained. Page 5 of 11 PCN Form — Version 1.3 December 10, 2008 Version 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individually list all open water impacts below. 4a. 4b. 4c. 4d. 4e. Open water Name of waterbody impact number - (if applicable) Type of impact Waterbody type Area of impact (acres) Permanent (P) or Temporary T 01 ❑P❑T 02 ❑P❑T 03 ❑P❑T 04 ❑P❑T 4f. Total open water impacts 4g. Comments: 5. Pond or Lake Construction If pond or lake construction proposed, then complete the chart below. 5a. 5b. 5c. 5d. 5e. Wetland Impacts (acres) Stream Impacts (feet) Upland Pond ID Proposed use or purpose (acres) number of pond I I I I Flooded Filled Excavated Flooded Filled Excavated Flooded P1 P2 5f. Total 5g. Comments: 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. 6a. Project is in which protected basin? 6b. 6c. 6d. Buffer impact number - Reason Permanent (P) or for TemDorary (T) impact 61 ❑P❑T B2 ❑P❑T B3 ❑P❑T 6i. Comments: ❑ Neuse ❑ Tar -Pamlico ❑ Other: ❑ Catawba ❑ Randleman 6e. I 6f. I 6g. Buffer Stream name mitigation required? ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No 6h. Total buffer impacts Zone 1 impact Zone 2 impact (square feet) (square feet) Page 6 of 11 PCN Form - Version 1.3 December 10, 2008 Version D. Impact Justification and Mitigation 1. Avoidance and Minimization 1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. The project has been designed to avoid impacts to jurisdictional Waters of the US to the maximum extent practicable. Impacts associated with two stream crossings are only proposed for access to high ground for an internal subdivision road as well as a walking path to access common open space. Crossings have been designed to utilize headwalls and riprap energy dissipators and have been located in relatively straight sections of the respective tributaries in order to minimize impacts as much as possible. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. The project will be constructed under an approved sediment and erosion control plan in order to ensure that materials incidental to construction activites are not transported into downstream receiving waters. Riprap aprons will be pressed into the stream channel at the existing grade to ensure that hydrologic function and aquatic and life passage is maintained. Following construction temporary impact areas for construction access and pump -around will be returned to pre -construction grades and dimensions. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? ❑ Yes ® No 2b. If yes, mitigation is required by (check all that apply): ❑ DWQ ❑ Corps 2c. If yes, which mitigation option will be used for this project? ❑ Mitigation bank El 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 Quantity 3c. Comments: 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. ❑ Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: ❑ warm ❑ cool ❑cold 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non -riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Page 7 of 11 PCN Form — Version 1.3 December 10, 2008 Version 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? ❑ Yes ® No 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund). 6h. Comments: Page 8 of 11 PCN Form — Version 1.3 December 10, 2008 Version 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 ® 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 Comments: 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? >24 % 2b. Does this project require a Stormwater Management Plan? ® Yes ❑ No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: Project will adhere to Phase II stormmater standards under review of the City of Charlotte and includes construction of three large, permanent stormwater control ponds. ® Certified Local Government 2e. Who will be responsible for the review of the Stormwater Management Plan? ❑ DWQ Stormwater Program ❑ DWQ 401 Unit 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? City of Charlotte ® Phase 11 3b. Which of the following locally -implemented stormwater management programs ❑ NSW ❑ USMP apply (check all that apply): ❑ Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ® 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 ❑ 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 9 of 11 PCN Form — Version 1.3 December 10, 2008 Version F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1a. Does the project involve an expenditure of public (federal/state/local) funds or the ❑ Yes ® No use of public (federal/state) land? 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ❑ Yes ❑ No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1 c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval ❑ 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 ® No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after -the -fact permit application? ❑ Yes ® No 2c. If you answered `yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in ❑ Yes ® 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. 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. Project will tie into existing sanitary sewer facilities located on site. No impacts to jurisdictional Waters of the US are proposed for sanitary sewer disposal. Page 10 of 11 PCN Form — Version 1.3 December 10, 2008 Version 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 ❑ No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ❑ Yes ® No impacts? ❑ Raleigh 5c. If yes, indicate the USFWS Field Office you have contacted. ❑ Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? NC Natural Heritage Program documents an occurrence of a federally protected species within one mile of the project area, observation date 2013. A targeted survey for federally protected species was conducted on 11/06/20, with confirmation from USFWS (attached) that surveys done during this timeframe would be considered valid. No specimens or previously unidentified populations of federally procted species were found on site. The full report of findings is attached to this notification. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? FEJ Yes ® No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation ❑ Yes ® 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? NC SHPO WebGIS service. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? ❑ Yes ® No 8b. If yes, explain how project meets FEMA requirements: 8c. What source(s) did you use to make the floodplain determination? FEMA National Flood Hazard Layer Applicant/Agent's Printed Name Date Applicant/Agent's Signature (Agent's signature is valid only if an authorization letter from the applicant is provided. Page 11 of 11 PCN Form — Version 1.3 December 10, 2008 Version 5. Endangered Species and Design; 5a. Will this project occur in or near an habitat? 5b. Have you checked with the USFWE impacts? 5c. If yes, indicate the USFWS Field Of 5d. What data sources did you use to 6 Habitat? NC Natural Heritage Program docur area, observation date 2013. A targi confirmation from USFWS (attaches or previously unidentified population attached to this notification. 6. Essential Fish Habitat (Cops Req / / / �O O W Opp p�� \ \P\ `\G yOp QG� `O�CD (DB 1P OILROAD R/W Q\0 311. PG 882) P� OO #5 1 S 53-39'14" E \ 53°42'53" E RBF3J ZONING: l-1 613.26' ZONING: /-1 51. 76' 61)cU ZONING. MX-2 — — — I ZONING: MX-2 BF! OVE ' L_WPA OVERLAY: L WPA i i i 1 i i �✓ / ' 'CIF-(y�P�\ \ � �o � cc)G\�y�� ��O O�hO�\ F' �G. `'�Fz�P AGO 5bQp � � \P� ` ' i \0 c \ ' 15 • B��pK o , 19 OSO I n MB 45a •055�,P G 19 06 2 5 \ ' P\D zoN�N� R P \o I I S\S�oE T� P� ��°a9' � " F USE RE EN _________________________________ __ N-- -- -- ~ -- ~ --------------------------------------------- 40' REAR YARD - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - IF - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CIV 100+1 SWEL: (fc) 696.51 CD -1------__------_- 4--------- --------=- ----- --- \ I10 LF OF TEMPORARY IMPA EXIST CREEK 76 LF 96" CONCRET! ' BOX CULVER ;� Stream Drainage rlBox ., + Pipe Upstream Downstream Length of Temp. SILT SACK OR PLAN VIEW APPROVED DEWATERING STREAM DEVICE DISCHARGE DIVERSION %HOSES 7 PUMPS / P EWATERING A P A INTAKE HOSE i i FLOW LINTAKE HOSE ^� �-EIM SEDIMENT CLEAN WATER SUMP -HOLE OR DIKE POOL (12- TO 1 S' DEEP DIA. ) 7CHARG ONTO DISCHARGE O WORK AREA LENGTH A STABLE NOT TO EXCEED THAT VELOCITY WHICH CAN BE DISSIPATOR MADE COMPLETED IN ONE DAY OF RIP RAP OR SANDBAGS UMP-AROUND PRACTICE: EMPORARY MEASURE FOR DEWATERING STREAM AND POND CONSTRUCTION SITES. Section A -A IMPERVIOUS SHEETING WORK AREA BASE FLOW + 1 FOOT (2 FOOT MINIMUM) CROSS SECTION OF SANDBAG DIVERSION SOURCE: MARYIAND'S GUIDELINES TO WATERWAY CONSTRUCTION - DETAIL 1.2 INSTALLING A TEMPORARY PUMP AROUND AND SUPPORTING MEASURES TO DIVERT FLOW AROUND POND DREDGE CONSTRUCTION SITES. PUMP -AROUND PRACTICES, AND ASSOCIATED DREDGE CONSTRUCTION SHOULD BE COMPLETED IN THE FOLLOWING SEQUENCE (REFER TO CONSTRUCTION ACTIVITIES INCLUDING THE INSTALLATION OF EROSION AND SEDIMENT CONTROL MEASURES SHOULD NOT BEGIN UNTIL ALL NECESSARY EASEMENTS AND/OR RIGHTSAF-WAYS HAVE BEEN ACQUIRED. ALL EXISTING UTILITIES SHOULD BE MARKED IN THE FIELD PRIOR TO CONSTRUCTION. THE CONTRACTOR IS RESPONSIBLE FOR ANY DAMAGE TO EXISTING UTILITIES THAT MAY RESULT FROM CONSTRUCTION AND SHOULD REPAIR THE DAMAGE AT HIS/HER OWN EXPENSE TO THE COUNTY'S OR UTILITY COMPANY'S SATISFACTION. THE CONTRACTOR SHOULD NOTIFY THE SEDIMENT CONTROL INSPECTOR AT LEAST 5 DAYS BEFORE BEGINNING CONSTRUCTION. ADDITIONALLY, THE CONTRACTOR SHOULD INFORM THE LOCAL ENVIRONMENTAL PROTECTION AND RESOURCE MANAGEMENT INSPECTION AND ENFORCEMENT DIVISION AND THE PROVIDER OF LOCAL UTILITIES A MINIMUM OF 08 HOURS BEFORE STARTING CONSTRUCTION. THE CONTRACTOR SHOULD CONDUCT A PRE -CONSTRUCTION MEETING ON SITE WITH THE CONSTRUCTION INSPECTOR, CITY PROJECT MANAGER, AND THE ENGINEER TO REVIEW LIMITS OF DISTURBANCE, EROSION AND SEDIMENT CONTROL REQUIREMENTS, AND THE SEQUENCE OF CONSTRUCTION. THE CONTRACTOR SHOULD STAKE OUT ALL LIMITS OF DISTURBANCE PRIOR TO THE PRE -CONSTRUCTION MEETING SO THEY MAY BE REVIEWED. THE PARTICIPANTS WILL ALSO DESIGNATE THE CONTRACTOR'S STAGING AREAS AND FLAG ALL TREES WITHIN THE LIMITS OF DISTURBANCE WHICH WILL BE REMOVED FOR CONSTRUCTION ACCESS. TREES SHOULD NOT BE REMOVED WITHIN THE LIMITS OF DISTURBANCE WITHOUT APPROVAL FROM THE LOCAL AUTHORITY. CONSTRUCTION SHOULD NOT BEGIN UNTIL ALL SEDIMENT AND EROSION CONTROL MEASURES HAVE BEEN INSTALLED AND APPROVED BY THE ENGINEER AND THE CONSTRUCTION INSPECTOR THE CONTRACTOR SHOULD STAY WITHIN THE LIMITS OF THE DISTURBANCE AS SHOWN ON THE PLANS AND MINIMIZE DISTURBANCE WITHIN THE WORK AREA WHENEVER POSSIBLE. UPON INSTALLATION OF ALL SEDIMENT CONTROL MEASURES AND APPROVAL BY THE CONSTRUCTION INSPECTOR, THE CONTRACTOR SHOULD BEGIN WORK WITH THE ESTABLISHMENT OF STABILIZED CONSTRUCTION ENTRANCES. THE SEQUENCE OF CONSTRUCTION MUST BE FOLLOWED UNLESS THE CONTRACTOR GETS WRITTEN APPROVAL FOR DEVIATIONS FROM THE LOCAL AUTHORITY. THE CONTRACTOR SHOULD ONLY BEGIN WORK IN AN AREA WHICH CAN BE COMPLETED BY THE END OF THE DAY. AT THE END OF EACH WORK DAY, THE WORK AREA MUST BE STABILIZED AND THE PUMP AROUND REMOVED. WORK SHOULD NOT BE CONDUCTED IN THE POND DURING RAIN EVENTS. SANDBAG DIKES SHOULD BE SITUATED AT THE ENDS OF THE WORK AREA AS SHOWN ON THE PLANS, AND POND WATER SHOULD BE PUMPED AROUND THE WORK AREA THE PUMP SHOULD DISCHARGE ONTO A STABLE VELOCITY DISSIPATER MADE OF RIPRAP OR SANDBAGS. WATER FROM THE WORK AREA SHOULD BE PUMPED TO A SEDIMENT FILTERING MEASURE SUCH AS A DEWATERING BASIN, SILT SACK, OR OTHER APPROVED SOURCE, THE MEASURE SHOULD BE LOCATED SUCH THAT THE WATER DRAINS DOWNSTREAM OF THE POND. AFTER AN AREA IS COMPLETED AND STABILIZED, THE CLEAN WATER DIKE SHOULD BE REMOVED. AFTER THE FIRST SEDIMENT FLUSH, A NEW CLEAN WATER DIKE WOULD BE ESTABLISHED FROM THE OLD SEDIMENT DIKE. FINALLY, UPON ESTABLISHMENT OF A NEW SEDIMENT DIKE BELOW THE OLD ONE, THE OLD SEDIMENT DIKE SHOULD BE REMOVED. A PUMP AROUND MUST BE INSTALLED ON ANY TRIBUTARY OR STORM DRAIN OUTFALL WHICH CONTRIBUTES BASEFLOW TO THE WORK AREA. THIS SHOULD BE ACCOMPLISHED BY LOCATING A SANDBAG DIKE AT THE DOWNSTREAM END OF THE TRIBUTARY OR STORM DRAIN OUTFALL AND PUMPING THE STREAM FLOW AROUND THE WORK AREA. THIS WATER SHOULD DISCHARGE ONTO THE SAME VELOCITY DISSIPATER USED FOR THE MAIN STEM PUMP AROUND. 710 700 m aRciP. 167.89 LF 8" _DIP -I 1. I , 0.60% "F 117 TO SCALE 71 ci J-710 \ 0 — — EXIST CREEK (TBR) \ \ �- s' ohe 0 �o �ohe��I J I I/ _ 41— ohe ohe ohe oAN�j—NED 100 1 R�Ap R/ 8g2 fD8 1g03A, PG Stream Drainage Culvert Pipe Upstream CDownstream Length of Temp. �.., i A— 1—N rn� /; ,i I o—th (fry 1...,,... L.1, L ­_11- 1 1--+ (I+) 1 1--+ nfl `77— \ n RIP —RAP APROP LA = 22.0(FT W1 = 25.5(FT = 10.5FT 10 LF OF PO A Y IMPACTL EXIST CREEK \tSILTS—ACKDR PLAN VIEWEDSTREAM U18QARGE % DIVERSION / HOSES / PUMPS / Section A,A P ` _=.LIE P EWATERINO A A IMPERVIOUS SHEETING' WORK AREA BASE FLOW 1 FOOT I 12 FOOT ANasw) I / FLOW / �— LINTAKE HOSE / ��� CROSS SECTION O 'SEDIMENT QEAN WATER SUMP SANDBAG ONERSION DIKE P. (10LE OR POOL ry7 TO 18' SOIARCE: MARYIAND'B GUIDELINES TO WATERWAY PUMPS SHOULD DEEP 7 DIM) CONSTRUCTION - DETAIL 1.2 DISCHARGE ONTO WORK AREA LENGTH A STABLE NOT TO EXCEED THAT VELOCITY WHICH CAN BE DISSIPATOR MADE COMPLETED IN ONE DAY OF RP RAP OR SANDBAGS PUMPAROUNO PRACTICE' TEMPORARY MEASURE FOR DEWATERING STREAM AND POND CONSTRUCTION SITES. DESCAIPTIGW THE WORK SHOULD CONSIST OF INSTALLING A TEMPORARY PUMP AROUND AND SUPPORTING MEASURES TO DIVERT FLOW MOUND POND DREDGE CONSTRUCTION SITES. IMPLEMENTATKkI SEOUFJVCE: SEDIMENT CONTROL MEASURES, PUIP,AROUND PRACTICES, AND ASSOCIATED DREDGE CONSTRUCTION SHOULD RE COMPLETED IN THE FOLLOWING SEQUENCE (REFER TO DETAIL) I. CONSTRUCTION ACTIVR ES INCLUDING THE INSTALLATION OF EROSION AND SEDIMENT CONTROL MEASURES SHOULD NOT BEGIN UNTIL ALL NECESSARY EASEMENTS ANOM RIGHTS F-WAYS HAVE BEEN ACQUIRED. ALL EXISTING UTILITIES SHOULD BE MARKED IN THE FIELD PRIOR TO CONSTRUCTION. THE CONTRACTOR 6 RESPONSIBLE FOR ANY DAMAGE TO EXISTING UTILITIES THAT MAY RESULT FROM CONSTRUCTION AND SHOULD REPAIR THE DAMAGE AT HSNER OWN EXPENSE TO THE COUNTY'S OR UTIUTY COMPANYS SATISFACTION. 2, THE CONTRACTOR SHOULD NOTIFY THE SEDIMENT CONTROL INSPECTOR AT LEAST S DAYS SWORE BEGINNING CONSTRUCTION. ADOTIONNLY, THE CONTRACTOR SHOULD INFORM THE LOCAL ENVIRONMENTAL PROTECTION AND RESOURCE MANAGEMENT INSPECTION AND ENFORCEMENT DIVISION AND THE PROVIDER OF LOCAL UTILITIES A MINIMUM OF MB HOURS BEFORE STARTING CONSTRUCTION. 1 THE CONTRACTOR SHOULD CONDUCT A PRE -CONSTRUCTION MEETING ON SITE WITH THE CONSTRUCTION INSPECTOR, CRY PROJECT MANAGER. AND THE ENGINEER TO RENEW L"M OF DISTURBAMCE, EROSION AND SEDIMENT CONTROL REQUIREMENTS. AND THE SEQUENCE OF CONSTRICTION. THE CONTRACTOR SHOUSTAKE LD STAOUT ALL PRIOR UMRS OF DISTURBANCE TO THE PRE -CONSTRUCTION MEETING SO THEY MAY BE RENEWED. THE PARTICIPANTS WILL ALSO DESIGNATE THE CONNTRACTOWS STAGING AREAS AND FLAG ALL TREES WITHIN THE LIMITS OF DISTURBANCE WHICH WILL BE REMOVED FOR CONSTRUCTION ACCESS. TREES SHOULD NOT BE REMOVED W%THIN THE UMRS OF DISTURBANCE WRNOUT APPROVAL FROM THE LOCAL WTHDRTY. A. CONSTRUCTION SHOULD NOT BEGIN UNTIL ALL SEDIMENT AND EROSION CONTROL MEASURES HAVE BEEN INSTALLED AND APPROVED BY THE ENGINEER AND THE CONSTRUCTION INSPECTOR THE CONTRACTOR SHOULD STAY WITHIN THE LIMITS OF THE DISTURBANCE AS SHOWN ON THE PANS AND MINIMIZE DISTURBANCE WITHIN THE WORK AREAWMENEVER POSSIBLE. S. UPON INSTALLATION OF ALL SEDIMENT CONTROL MEASURES AND APPROVAL BY THE CONSTRUCTION INSPECTOR, THE CONTRACTOR SHOULD BEGIN WOW WITH THE ESTABLISHMENT OF STABILIZED CONSTRUCTION ENTRANCES. THE SEQUENCE OF CONSTRUCTION MUST BE FOLLOWED UNLESS THE CONTRACTOR GETS WRITTEN APPROVAL FOR DEVIATIONS FROM THE LOCAL AUTHORITY. TIE CONTRACTOR SHOULD ONLY BEON WORK IN AN M AREA WHICH CBE COMPLETED BY THE END OF THE DAY. RK AT THE END OF EACH WODAY, THE WORK AREA MUST BE STABILIZED AND THE PUMP MOUND REMOVED. WORK SHOULD NOT BE CONDUCTED IN THE POND DURING RAIN EVENTS. R. SMOBAG DIKES SHOULD BE S'TUATED AT THE ENDS OF THE WORK AREA AS SHOWN ON THE PLANS, AND POND WATER SHOULD BE PUMPED AROUND THE WORK AREA. THE PUMP SHOULD DISCHARGE ONTO A STABLE VELOCITY DISSIPATER MADE OF RIPRAP OR SANDBAGS. 7. WATER FROM THE WORK AREA SHOULD BE PUMPED TO A SEDIMENT FILTERING SUCH AS A DEWATERING SABIN. SILT SACK OR OTHER APPROVED SOURCE, THE MEASURE SHOULD BE LOCATED SUCH THAT THE WATER DRAINS DOWNSTREAM OF THE POND, B. AFTER M AREA IS COMPLETED AND STABILIZED, THE CLEAN WATER DIKE WOULD BE REMOVED. AFTER THE FIRST SEDIMENT FLUSH, A NEW CLEAN WATER DIKE WOD BE ESTABLISHED FROM THE OLD SEDIMENT DIKE. FINALLY, UPON ESTABLISHMENT OF ANEW SEDIMENT DIKE BELOW THE OLD ONE, THE OD SEDIMENT DIKE SHOULD BE REMOVED. I. A PUMP AROUND MUST BE INSTALLED ON ANY TRIBUTARY OR STORM DRAIN OUTFAL WHICH CONTRIBUTES BA.SEFLOW TO THE WORK AREA THIS SHOAD BE ACCOMPLISHED BY LOCATING A SANDBAG DIKE AT THE DOWNSTREAM ENO OF THE TRIBUTARY OR STORM DRAIN OUTFALL AND PUMPING THE STREAM FLOW AROUND THE WORK AREA THIS WATER SHOULD DISCHARGE ONTO THE SAME VELOCITY DISSIPATER USED FOR THE MAIN STEM PUMP AROUND. n PUkrr- ARCUI'D DETAIL Y Nor TOSCALE 720 710 700 . I f 685 -0+50 0+00 1 +00 2+00 0 ■■■ Roy Cooper, Governor ":■ w NC DEPARTMENT OF ■■■aI NATURAL AND CULTURAL RESOURCES Susi Hamilton. Secretary ■"■■■ Walter Clark. Director, Land and Water Stewardship NCNHDE-13244 November 4, 2020 Meagan Jolly Wetlands & Waters, Inc. 328 East Broad Street Statesville, NC 28677 RE: Villages at Creedmore Dear Meagan Jolly: The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources for the project referenced above. A query of the NCNHP database indicates that there are records for rare species, important natural communities, natural areas, and/or conservation/managed areas within the proposed project boundary. These results are presented in the attached 'Documented Occurrences' tables and map. The attached 'Potential Occurrences' table summarizes rare species and natural communities that have been documented within a one -mile radius of the property boundary. The proximity of these records suggests that these natural heritage elements may potentially be present in the project area if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile radius of the project area, if any, are also included in this report. If a Federally -listed species is documented within the project area or indicated within a one -mile radius of the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for guidance. Contact information for USFWS offices in North Carolina is found here: httos://www.fws.goy/offices/Directory/ListOffices,cfm?statecode=37. Please note that natural heritage element data are maintained for the purposes of conservation planning, project review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions. Information provided by the NCNHP database may not be published without prior written notification to the NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NCNHP data may not be redistributed without permission. Also please note that the NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature Preserve, Registered Heritage Area, Clean Water Management Trust Fund easement, or an occurrence of a Federally -listed species is documented near the project area. If you have questions regarding the information provided in this letter or need additional assistance, please contact Rodney A. Butler at rod ney.butler(a)ncdcr.aov or 919-707-8603. Sincerely, NC Natural Heritage Program Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Intersecting the Project Area Villages at Creedmore November 4, 2020 NCNHDE-13244 No Element Occurrences are Documented within the Project Area There are no documented element occurrences (of medium to very high accuracy) that intersect with the project area. Please note, however, that althou NCNHP database does not show records for rare species within the project area, it does not necessarily mean that they are not present; it may simply me the area has not been surveyed. The use of Natural Heritage Program data should not be substituted for actual field surveys if needed, particularly if the area contains suitable habitat for rare species. If rare species are found, the NCNHP would appreciate receiving this information so that we may update c database. No Natural Areas are Documented within the Project Area Managed Areas Documented Within Project Area* Managed Area Name .., ,.., ... Ownerp ��°` Owner Type City of Charlotte Open Space City of Charlotte Local Government NOTE: If the proposed project intersects with a conservation/managed area, please contact the landowner directly for additional information. If the project intersects with a Dedicated Nature (DNP), Registered Natural Heritage Area (RHA), or Federally -listed species, NCNHP staff may provide additional correspondence regarding the project. Definitions and an explanation of status designations and codes can be found at httr)s://ncnhde.natureserve.ora/help. Data query generated on November 4, 2020; source: NCNHP, Q3 OctobE Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database. Page 2 of 4 Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One -mile Radius of the Project Area Villages at Creedmore November 4, 2020 NCNHDE-13244 Element Occurrences Documented Within a One -mile Radius of the Project Area Taxonomic EO ID Scientific Name Common Name Last Element Accuracy Federal State Global Statf Group Observation Occurrence Status Status Rank Ranh Date Rank Vascular Plant 21132 A(;mispon helleri Carolina Birdfoot- 1997-09-11 C? 2-High --- Special G5T3 S3 trefoil Concern Vulnerable Vascular Plant 13743 Delphinium exaltatum Tall Larkspur 1800s Hi? 5-Very --- Endangered G3 S2 Low Vascular Plant 20445 Helianthus schweinitzii Schweinitz's Sunflower 2013 X 2-High Endangered Endangered G3 S3 Natural Areas Documented Within a One -mile Radius of the Project Area Site Name Representational Rating Collective Rating Long Creek Bluff R2 (Very High) C4 (Moderate) Managed Areas Documented Within a One -mile Radius of the Project Area Managed Area Name Owner Owner Type Mecklenburg County Open Space - Long Creek Mecklenburg County Local Government Greenway NC Land and Water Fund Funded Project NC DNCR, NC Land and Water Fund State Catawba Lands Conservancy Easement Catawba Lands Conservancy Private City of Charlotte Open Space City of Charlotte Local Government NC Department of Transportation Mitigation Site NC Department of Transportation State Definitions and an explanation of status designations and codes can be found at httos://ncnhde.natureserve.orq/help. Data query generated on November 4, 2020; source: NCNHP, Q3 OctobE Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database Page 3 of 4 NCNHDE-13244: Villages at Creedmore November 4, 2020 1:23,579 Project Boundary o 02 o a o e MI Buffered Project Boundary o 03 0,6 1.2 km NHP Natural Area (NHNA) Managed Area (MAREA) Page 4 of 4 Sources Esri_ HERE. Garmn Inlerm p rncrement P Corp GEBCO. USGS. FAO. NPS. NRCAN. GeoOsse. IGN, Kadmter NL Ordnance Survey Esn Japan. METI Evr Crum (H-9 K Vn (0 OoenSVeetMap conb ibutars and ete GIS User Comnw dy WETLANDS ..�. & WATERS, INC. Mr. Bobby MacNaughton November 11, 2020 LGI Homes NC, LLC 3037 Sherman Drive Lancaster, SC 29720 RE: Threatened and Endangered Species Evaluation Villages at Creedmore Project Charlotte, Mecklenburg County, NC PIN: 05548101, 05548106 Mr. MacNaughton, Wetlands & Waters, Inc. (W&W) has completed a cursory evaluation of the above referenced property assemblage (hereafter referred to as "review area") for the purposes of determining the presence or absence of Federal threatened and endangered species and the presence of suitable habitat for those species. Evaluation of the review area included a desktop review for known species and critical habitat occurrences within or in close proximity to the project area, field reviews of known extant populations of rare species prior to onsite field surveys, and onsite field surveys designed to evaluate potentially suitable habitat and occurrences of species known to exist in Mecklenburg County. Should future project -related impacts be necessary, this report may be used by the U.S. Army Corps of Engineers (or other Lead Federal Agency) to determine if additional coordination will be required to satisfy requirements of the Endangered Species Act. The review area is located south of Elgin Drive and east of Interstate-485 in northwest Charlotte, NC. Figure 1 depicts the review area for the purpose of this report. All potentially suitable habitat for Federal listed species known to occur in Mecklenburg County was evaluated for species occurrences. Field surveys were performed November 6, 2020. Photographs documenting reference populations and existing site conditions are included in Attachment A. No Federal threatened or endangered species were identified in the review area, and no designated Critical Habitat occurs within the review area. The following report details the resources and methodologies used to make this determination. References and Pre -Survey Protocol W&W referenced the U.S. Fish & Wildlife Service (USFWS) list of Endangered, Threatened, and Candidate Species known to occur in Mecklenburg County, NC (Table 1) and utilized the USFWS Information for Planning and Consultation (lPaC) system to generate an official species list (Attachment B) to identify threatened and endangered species and proposed and final designated critical habitat that may occur within the review area and/or may be affected by proposed development within the review area. Additionally, the North Carolina Natural Heritage Program (NCNHP) database (Attachment C) was consulted to identify natural heritage resources within or in close proximity to the review area. Collectively, these resources were used to develop limiting criteria for the field evaluation. Wetlands & Waters, Inc. WETLAND AND ENVIRONMENTAL CONSULTANTS WETLANDS . W. & WATERS, INC. Table 1 Endangered (E) and Threatened (T) Species in Mecklenburg County, North Carolina Species Federal Status Record Status Common Name Scientific Name Bald Eagle Haliaeetus leucocephalus BGPAI Current' Northern Long -Eared Bat Myotis septentrionalis T Probable/Potential Carolina Heelsplitter Lasmigona decorata E Current Rusty -Patched Bumble Bee Bombus affinis E Historical' Michaux's Sumac Schweinitz's Sunflower Rhus michauxii E Current Helianthus schweinitzii E Current Smooth Coneflower Echinacea laevigata E Current Prior to conducting field evaluations, W&W staff review USFWS published data to validate diagnostic characteristics for the subject species. When practical, known populations of Federal threatened and endangered species are referenced in a non -intrusive manner for confirmation of seasonal growth progress, diagnostic features, and behavioral characteristics. Species and Habitat Descriptions Following are abbreviated habitat descriptions of species with federal protection listed by USFWS as potentially occurring in Mecklenburg County, NC. Additional species fact sheets are available at the client's request. Bald Eagle (Haliaeetus leucocephalus) Bald Eagles require consistent food sources, perching areas, and nesting sites to survive. Their habitat includes estuaries, large lakes such as Lake Norman and Lake Wylie, reservoirs, rivers such as the Catawba River, and some coastal areas where there are suitable fish populations to provide a food source. Nests are typically located in larger trees of a wooded area where open views of the surrounding area are ample. Northern Long -Eared Bat (Myotis septentrionalis) Northern Long -Eared Bats are medium sized, with dark brown coloring on the back and tawny on the underside. The species roosts during summer months singly or in colonies in live or dead trees (e.g. tree bark, cavities), caves, mines, and infrequently in man-made structures such as barns or sheds, and hibernates during winter months in caves and mines where temperatures are constant and air currents are minimal. Carolina Heelsplitter Lasmigona decorata) The Carolina Heelsplitter is a freshwater mussel species with final designated critical habitat. The primary constituent elements of critical habitat for this species include: permanent, flowing, cool, clean water; geomorphically stable stream and river channels and banks; pool, riffle, and run sequences within the Bald and Golden Eagle Protection Act (BGPA). 2 Current record status indicates the species has been observed in the county within the last 50 years. J Based on NC NHP information, this taxon is considered to be historical in the county, meaning that all recorded occurrences are either extirpated, have not been found in recent surveys, or have not been surveyed recently enough to be confident that they are still present Wetlands & Waters, Inc. WETLAND AND ENVIRONMENTAL CONSULTANTS W& WETLANDS WATERS9 INC. channel; stable substrates with no more than low amounts of fine sediment; moderate stream gradient; periodic natural flooding; and fish hosts, with adequate living, foraging, and spawning areas for them. Rusty -Patched Bumble Bee (Bombus a nis) The Rusty -Patched Bumble Bee are seen in areas that provide nectar and pollen from flowering plants, nesting opportunity underground or in other clumped debris, and overwintering sites for hibernation where soils remain undisturbed. The long flight season of the Rusty -Patched Bumble Bee, from March or April through October, require that the species have access to diverse flowering plants that can provide nectar and pollen throughout this period. The species typically forages within 0.6 miles of their nests, which are commonly associated with areas that contain natural and semi -natural upland grassland, shrubland, woodlands, and forests. This species is considered a historic occurrence in Mecklenburg County. Michaux's Sumac (Rhus michauxii) Michaux's Sumac grows in sandy or rocky open woods areas in association with basic soils, where land disturbance has provided an open area, such as in utility or transportation rights -of -way. Periodic fire is required as part of this species' ecology. Schweinitz's Sunflower (Helianthus schweinitzii) Schweinitz's Sunflower occurs in open areas that provide full to partial sun and that typically host poor soils. As with Michaux's Sumac, Schweinitz's Sunflower is associated with areas that have experienced land disturbance, where canopy openings provide sunlight and competition from other herbaceous and woody vine species is minimal. The species is most abundant in unforested, permanently maintained openings with soils that often are shallow with exposed boulders and bedrock. Smooth Coneflower (Echinacea laevigata) The Smooth Coneflower is found in Piedmont regions of the US and is typically associated with areas receiving full sunlight with calcium and magnesium rich soils. The species is found in open woods, cedar barrens, roadsides, clear cuts, and powerline rights -of -way, where competition from other herbaceous and woody vine species is minimal. Findings The review area consists of primarily vacant, forested land. A railway and adjacent right-of-way (ROW) forms the northern review area boundary. The eastern review area boundary abuts contiguous forested land. An abandoned railway ROW (last in service prior to 2005, based on historic aerials) and adjacent powerline ROW forms the southern review area boundary. The western review area terminates at the ROW of Interstate-485. A sanitary sewer easement, constructed within the last two years, dissects the central review area from north to south. Land use in the general vicinity consists of residential (low- and high -density), institutional, vacant woodlands, and agricultural. Internal forested areas contain small canopy openings but is predominantly mature timber. Riparian habitat includes perennial and intermittent tributaries and wetlands. The typical species composition of these areas include those listed in the table below. Wetlands & Waters, Inc. WETLAND AND ENVIRONMENTAL CONSULTANTS WETLANDS ly4ya WATERS, INC. Forested Uplands Common Name Scientific Name White oak Quercus alba Tulip poplar Liriodendron tulipifera Scarlet oak Quercus coccinea Common greenbrier Smilax rotundifolia Mockemut hickory Carya tomentosa Japanese honeysuckle Lonicera japonica Winged elm Ulmus alata Loblolly pine Pinus taeda Sweetgum Liguidambar styracaflua Red maple Acer rubrum Autumn olive Elaeagnus umbellata Japanese stiltgrass Microstegium vimineum Poison ivy Toxicodendron radicans Riparian Common Name Scientific Name Smallspike false nettle Boehmeria cylindrica Netted chainfern Woodwardia areolata Red maple Acer rubrum Boxelder Acer negundo Poison Ivy Toxicodendron radicans Green ash Fraxinus pennsylvanica Willow oak Quercus phellos Japanese stiltgrass Microstegium vimineum Common greenbrier Smilax rotundifolia ROWs, clearings, interspersed canopy openings and edge habitat are generally comprised of similar early successional opportunistic species and those species commonly used for site stabilization, although vary in prevalence. Powerline ROW areas are chemically managed for woody growth suppression and therefore lack species in the tree stratum. Typical species observed within these areas include those listed below. Rights -of- a , Fields, Edges Common Name Scientific Name Common Les edeza Les edeza striata Broomsed a bluestem Andro o on vir inicus Johnson grass Sorghum hale ense Tall goldenrod Solids o altissima Tall Beggar's Ticks Bidens vul ata Wetlands & Waters, Inc. WETLAND AND ENVIRONMENTAL CONSULTANTS W & WATERS9, INC. ETLANDS Common blackberry Rubus alle heniensis Small woodland sunflower(likely) Helianthus microcephalus Sweetgum Li uidambar styraciflua Eastern red cedar Juni erus virginiana Eastern baccharis Baccharis halimi olia Japanese honeysuckle Lonicera 'a onica American pokeberry Ph tolacca americana The database search of the NC NHP indicates that there are records for rare species, important natural communities, natural areas, and/or conservation/managed areas within the review area4, although this finding appears to be a GIS mapping error. There are no documented element occurrences (of medium to high accuracy) of species with federal or state protections within the review area. The report lists City of Charlotte open space, a managed area, as occurring within the review area, however this area is located directly north of the review area and adjacent railway. Within a one -mile radius of the review area, the NC NHP report lists a documented occurrence of Schweinitz's Sunflower with high accuracy, last observed in 2013. A natural area and several other managed areas are also listed as occurring within a one -mile radius of the review area. W&W did not identify previously unidentified populations of Federal threatened or endangered species within the review area. Following are species -specific survey results. Bald Eagle: The NC NHP report indicates that there are no known occurrences of this species within a one -mile radius of the review area. The review area provides a mature tree canopy that may be suitable for the Bald Eagle but lacks proximate sources of abundant prey, such as large bodies of water. The site is located approximately 4.75 miles from the Catawba River, which appears to a the closest consistent food source. W&W did not observe evidence of established nests or previously unknown populations of the species within the review area. • Northern Long -Eared Bat: The review area provides a mature tree canopy that may be suitable for use by the species; however, as confirmed hibernation and maternity sites for this species currently exclude Mecklenburg County, it is possible that potential future project plans may qualify for exemption criteria under the Final 4(d) rule, particularly if no tree removal is proposed. W&W did not observe occurrences of the species during the field review. • Carolina Heelsplitter: The NC NHP report indicates that there are no known occurrences of this species within a one -mile radius of the review area. A perennial tributary within the review area may provide potentially suitable habitat for the species based on flow regime. However, the review area lies outside of the final designated critical habitat for this species therefore it would not be expected to occur on the site. • Rusty -Patched Bumble Bee: The NC NHP report indicates that there are no known occurrences of this species within a one -mile radius of the review area. Flowering herbaceous species within ' Although there may be no NC NIP documentation of Federal listed species within the review area, it does not imply or confirm their absence; the area may not have been surveyed previously. Wetlands & Waters, Inc. WETLAND AND ENVIRONMENTAL CONSULTANTS WETLANDS Sc WATE:RS9 INC. early successional areas may provide suitable foraging opportunities for the species. W&W did not observe evidence of established nests or previously unknown populations of the species within the review area. • Michaux's Sumac: The NC NHP report indicates that there are no known occurrences of this species within a one -mile radius of the review area. Potentially suitable habitat onsite is limited to disturbed areas along and within ROWS, clearings and canopy openings, and forest edges. Herbicide application within powerline ROWS likely degrades suitability of those areas to support the species. W&W evaluated all possible habitat for Michaux's Sumac within the review area but did not discover previously unknown populations of the species. • Schweinitz's Sunflower: The NC NHP report indicates that there is a known occurrence of this species within a one -mile radius of the review area. Reference populations were consulted on August 17 and August 27, 2020 to confirm regional growth patterns for identification of the species. Potentially suitable habitat onsite is limited to disturbed areas along and within ROWs, clearings and canopy openings, and forest edges. W&W observed small populations of Helianthus species within the powerline ROW of the southern review area; diagnostic criteria including lack of tubers definitively eliminate Helianthus schweinitzii, while rays (8) and involucres size indicate H. microcephalus. W&W did not discover previously unknown populations of the species within the review area. • Smooth Coneflower: The NC NHP report indicates that there are no known occurrences of this species within a one -mile radius of the review area. Potentially suitable habitat onsite is limited to areas along and within ROWs, clearings and canopy openings, and forest edges where the herbaceous stratum contains lower density of competing species. W&W evaluated all possible habitat for Smooth Coneflower within the review area but did not discover previously unknown populations of the species. Recommendations Should future project plans necessitate impacts to Clean Water Act Section 404 regulated features or acquisition of a federal permit from another agency, W&W recommends coordination with the lead federal agency or, under some circumstances, USFWS, to assess potential project -mediated impacts to federally protected species. The results of this survey can be supplied during federal permitting processes to support species effect determinations per Endangered Species Act requirements. Additionally, a document provided by the regional USFWS office identifies the Optimal Survey Window and number of years a survey is valid for plant species with state and federal protections in North Carolina (Attachment D). The USFWS has indicated that surveys conducted for federal threatened and endangered plants outside of the Optimal Survey Window are insufficient, which has the potential to result in significant project delays if a federal permit is required. W&W can assist with determining an effective strategy to address potential permitting issues and efficient timing. This concludes our assessment of the presence or absence of Federal threatened and endangered species and the presence of suitable habitat for those species. Should you require more information regarding the results of our evaluation, please do not hesitate to contact us. Wetlands & Waters, Inc. WETLAND AND ENVIRONMENTAL CONSULTANTS W& WETLANDS WATERS, INC. Sincerely, Meagan Jolly 704.681.3479 Wetlands & Waters, Inc. WETLAND AND ENVIRONMENTAL CONSULTANTS T � a W, Wa WETLANDS WATERS, INC. Figure 1. Review Area Review Area Project Name: Villages at Creedmore Owner/ Developer: LGI Homes City/County: Charlotte/Mecklenburg Tax PIN(s): 05548101, 05548106 Coordinates: Scale: Lat:35.28543 Long:-80.96218 1 Graphic Date: 11-11-2020 Attachment A Photo Log DIRECTION 35.36349°N ACCURACY 41 ft 225 deg(T) 080.88558°W DATUM WGS84 J' J � ^_" ( `";j J % '\ mow, .""`'`�" '� -':6�! ' ,�1}t �s ��,` •,t " � � ,,..�. 01NA" 000 - 4 ' J its. I yt ..+r� `"�"-may _. •, ,. � ��\, f-`�ri1 �' f��� �`►ti-"'/Aa�: OW ' �,� ^�'� s�,a`e' �,.` � t r. � 1c ' � ' �.-• � rq f. *,� � 'i�'�°(yj �J' S � . ��j r* \ ra.. "Z,a r 'k �`' l�' ✓ n� � '. ��„ r �.1 1►-1], fj� . r r . r�� ''. �ayK, !�"��.�';���"t s , �, Pit r ' cr i`' 1' .�i � , -�' ��,a'. ,�r� y1!s '� +.F•-rrs yf ►YY .J'� ,i� . /` ,� �' �-t` � ``J , � f: McCoyRoad Reference 2020-08-17 Population 14:35:18-04:00 35.36313°N 080.88549°W ± 40 ft WGS84 42 deg(T), 712 ft, 2020-08-27 14:19:35-04:00 mot. • d f . v i jiMW %�� � � ^ .. •� T nl ,rue ►aoi,�<� -`� • � i' f - �. 4 �� �� � , 1A IN ` '�- «iry tW • ram' 'q � 4,j1��4t4 eyr � � ...-�� ..� 5.. •� -aka I ( \-', � I ... r x. ', Loh A�."- -° ` • ""''w. , Reference Population IVillages at Creedmore ^ T&E Eval. Typ. RR 2020-11-06 10:32:46-05:00 pt- 'e C' ■■ FFFF �y AA b•'� UIKL(- I lull j D 5 z b / I z - N 292 deg(T) 080.96317OW vv I Villages at Creedmore ;V­Z-: !w ­_- T&E Eval. Typ. RR DATUM WGS84 WzA 2020-11-06 09:50:56-05:00 198 deq(T) f 080.963380W DATUM WGS84 `t s a '54- Z �- II x41 r" x vAl e ' `,,, d°1 . �����' 1L fit) ri �� - 3 �kA •4 j� 'iw� `. S � ; .ice y � - _ � - fi yjFF« t , } s x tt > xwf'n r•' f« % `i ' a3 R <fz.�€' Villages at Creedmore T&E Eval, Typ. SS 2020-11-06 9 easement 09:51:28-05:00 V IN It Villages at Creedmore T&E Eval. Typ. RR 2020-11-06 09:52:37-05:00 149 deg(T) i►••5 i '. 4 DATUM WGS84 ... ry r _sr a- s _ p m , m .. T&E Eval. Typ. SS 2020-11-06 Villages at g Creedmore easement 09:55:38-05:00 / w • 152 deg(T)I's 1 s 140 deg(T) m DATUM WG584 i Villages at C reedmo re \ I ' R-• i T&E Eval. Typ. Power 2020-11-06 row 10:02:28-05:00 .ts. i r .r 1 K/ ..y -yam ..* dm -A 7F y['+ ,, • "�y.ff ! 1 ♦1 � Ld i n ' lra � � .MM •_ � d � •�i g. � Y � ��� 4.+'�Y . v �r }•. �..�„ i .t , V F , 'Ay "^Ln ., m LO Ln 1 w . t • s. a a W j \ • y (S�yy CD uj F � � ' :va , 0 s �,■ Ul • w w � a u t *„e^.....• .w�' "`..'.',.i i "r","9Y u 4 - "."�%• r. ! ' *';fir"" - fw TMc 4J "t 40 deg(T) DATUM WGS84 18 deg(T) 080-96319OW DATUM WGS84 14, s : f , ` r ,u ^ .R a r 44 n 'yam T a - a , 1 y, Villages at C reedmo re T&E Eva l . Typ . Power 2020-11-06 g row not HeSc 10:07:37-05:00 22 deg(T) 080.96475°W DATUM WGS84 rti Y 14 47 e 3 ! F " M a r i 't .ter I Y _ � /aaa - •�}t'S�`r P# ;.A �;;! l �� 9" =• {1 S. / v6/ t IS}. Y� A. y 8 sF .'' � �"�, � � i` Vpk i p � i � 4{ _�- s. t • i � _ - #, �` i ,�-4 ,. { ,, i '� 1 t ? 1�1 4�, �w 't' (` �-S"� _ F f '' i _ j��e �� -t�4 � �l :F` e �`1� r � ` %� } y' , e`• t 7fp` e .r `s' _ � i '� ;� i K a �j � �i, i ? ,.,. �. • �..;Y jam" I p ` � � ,_ 4 k Villages at Creedmore T&E Evat. Typ. DOT 2020-11-06 row 10:01:18-05:00 -jwJ ! L%JJ J'T I 080.96472°W DATUM WGS84 246 deg(T) r �k `. 'Sri ✓'. 's ��'�. / 1 t.�}..� ��`,� ,��;" y ? r' ♦/ e: .� rye,}ry / / J� r' Villages at Creedmore T&E Eval. Typ, DOT 2020-11-06 row 10:01:30-05:00 s 138 deg(T) 191 deg(T) 080-96448OW DATUM WGS84 a ' � ..s°' - � .us'+ .} <j� „� � of `� e= •..,� d s d 1 a •• { _ j p i V t �P , .r � v a M w < r Villages at C reedmo re T&E Eva l . Typ . Power 2020-11-06 9 row 10:02:25-05:00 x� .n'a' M� ^tl'Y •�18 �.yd � 00 > ; n Ul rl .. \_ ate,, � ._.,{_�" . A• f.w P � '` ♦� .yr �►� �I Rai .t�.`w. � �� YTF' a ,#`My MA■ ��a,L� � 1��� � J r � WAR 333 deg(T) u4° y i ,# Yi ORO AJ z Hf All *,. t e\� a jl I } y i _.;itsx Y. +r A\1+t k } i. Villages at Creedmore T&E Eval. Typ. Power 2020-11-06 g row 10:03:55-05:00 130 deg(T) DATUM WGS84 4: Ov `♦ < '�, r.y -'`k }. � r= 'Y � 1 ': eft a t • � " _:w, �e a �„ .; , � .•fit r � '.�'ti. .,v ,„ � ' � .� ' .. '. r T&E EVal T Power 2020-11-06 Villages at C reedmo re yp' row 10:05:10-05:00 44 deg(T) 080-96317OW DATUM WGS84 , r 1 `1 yj r �Y �y i l .N- F� : a , , z W r ' e \777, a � y i1 ^ Xv of a� r, t ` n t , Ao♦, a t t .. a4 #f .y fy� � �� '�•'' �'���� � ,*.. w p�� ..,;` � -,` ��:?,� i�t � 1P -.fi I '} '#,^ofL,.,o.=. ..P 1 Villages at Creedmore T&E Eval. Typ. Power 2020-11-06 g row not HeSc 10:07:45-05:00 Villages at Creedmore T&E Eval. Typ. Power row DATUM WGS84 2020-11-06 10:10:36-05:00 E m Villages at C reedmo re T&E Eva l . Typ . Power 2020-11-06 row chem. maint. 10:11:20-05:00 Villages at C reedmo re :Vat Typ. easement 2020-11-06 10:12:57-05:00 =A Villages at C reedmo re .J✓ • LV✓L.. I IY 080-96256OW T&E Eval. Typ. SS easement 2020-11-06 10:16:36-05:00 Vll\Lt, 1 LVIv .J✓ • y-V-TW ! Iv 107 deg(T) 080-96139OW 354 deg(T) Y } • l 080.96050OW 2020-11-06 10:20:34-05:00 ,. 105 deg(T) 080.95971°w DATUM WG584 e M ' f fia • _ j` 4 •may. wn .. u 4 ry X. T&E Eva l . Typ . Power 2020-11-06 Villages g at C reedmo re row 10:21:32-05:00 r rr 108 deg(T) DATUM WGS84 - s y i t 1 b r Villages at C reedmo re T&E EVal . Typ . Power 2020-11-06 g row 10:22:26-05:00 108 deg(T) r i Villages at C reedmo re T&E Eva l . Typ . RR { 4 2020-11-06 10:25:49-05:00 t IVillages at Cree'dmore T&E Eval. Typ. RR kAm�m 2020-11-05 10:25:56-05:00 27 deg(T) 080-96040°W DATUM WC584 q'�.v Ay�i994Q er • i r 9 r y. , . _. 'yam•._ - Tr, x `L•- :�i, 's .ae °s° a. '" �.4 � 3 ..ter S° ,fin :t'r` ,y.+• � _i:. ., ' IK ftx 4 C ff z q y 2020-11-06 Villages 9 at Creedmore T&E Eval. T . RR Yp 10:30:18-05:00 5 deg(T) r :. 080.96118OW • f t � y. }4 #t iF y 9+. r Villages at Creedmore T&E Eval. Typ. RR DATUM WGS84 2020-11-06 10:31:46-05:00 Attachment B U.S. Fish & Wildlife Service Official Species LIst Pt- United States Department of the Interior FISH AND WILDLIFE SERVICE Asheville Ecological Services Field Office 160 Zillicoa Street Asheville, NC 28801-1082 Phone: (828) 258-3939 Fax: (828) 258-5330 http://www.fws.gov/nc-es/es/countyfr.htm] In Reply Refer To: November 11, 2020 Consultation Code: 04EN1000-2021-SLI-0089 Event Code: 04EN1000-2021-E-00195 Project Name: Villages at Creedmoore Subject: List of threatened and endangered species that may occur in your proposed project location, and/or may be affected by your proposed project To Whom It May Concern: The attached species list identifies threatened, endangered, proposed and candidate species, as well as proposed and final designated critical habitat, that may occur within the boundary of your proposed project and/or may be affected by your proposed project. Although not required by section 7, many agencies request species lists to start the informal consultation process and begin their fulfillment of the requirements under section 7(c) of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). This list, along with other helpful resources, is also available on the U.S. Fish and Wildlife Service (Service) Asheville Field Office's (AFO) website: https://www.fws.gov/raleigh/species/ cntylist/nc counties.html. The AFO website list includes "species of concern" species that could potentially be placed on the federal list of threatened and endangered species in the future. Also available are: Design and Construction Recommendations https://www.fws.gov/asheville/htmis/project review/Recommendations.html Optimal Survey Times for Federally Listed Plants https://www.fws.gov/nc-es/plant/plant survey.html Northern long-eared bat Guidance https://www.fws.gov/asheville/htmis/project review/NLEB in WNC.html Predictive Habitat Model for Aquatic Species https://www.fws.gov/asheville/htmls/Maxent/Maxent.html 11/11/2020 Event Code: 04EN1000-2021-E-00195 New information based on updated surveys, changes in the abundance and distribution of species, changed habitat conditions, or other factors could require modifications of these lists. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act, the accuracy of the species lists should be verified after 90 days. This verification can be completed formally or informally as desired. The Service recommends that verification be completed by visiting the ECOS-IPaC website or the AFO website (the AFO website dates each county list with the day of the most recent update/change) at regular intervals during project planning and implementation for updates to species lists and information. An updated list may be requested through the ECOS-IPaC system by completing the same process used to receive the enclosed list or by going to the AFO website. The purpose of the Act is to provide a means whereby threatened and endangered species and the ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to utilize their authorities to carry out programs for the conservation of threatened and endangered species and to determine whether projects may affect threatened and endangered species and/or designated critical habitat. A Biological Assessment is required for construction projects (or other undertakings having similar physical impacts) that are major Federal actions significantly affecting the quality of the human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2) (c)). For projects other than major construction activities, the Service suggests that a Biological Evaluation similar to a Biological Assessment be prepared to determine whether the project may affect listed or proposed species and/or designated or proposed critical habitat. Recommended contents of a Biological Assessment are described at 50 CFR 402.12 and on our office's website at https://www.fws.gov/asheville/htmis/project review/assessment guidance.html. If a Federal agency (or their non-federal representative) determines, based on the Biological Assessment or Biological Evaluation, that listed species and/or designated critical habitat may be affected by the proposed project, the agency is required to consult with the Service pursuant to 50 CFR 402. In addition, the Service recommends that candidate species, proposed species, and proposed critical habitat be addressed within the consultation. More information on the regulations and procedures for section 7 consultation, including the role of permit or license applicants, can be found in the "Endangered Species Consultation Handbook" at: http:// www.fws.gov/endangered/esa-librgI3L/pdf/TOC-GLOS.PDF. Though the bald eagle is no longer protected under the Endangered Species Act, please be aware that bald and golden eagles are protected under the Bald and Golden Eagle Protection Act (16 U.S.C. 668 et seq.), and projects affecting these species may require additional consultation (see https://www.fws.gov/southeast/our-services/permits/eagles/). Wind energy projects should follow the wind energy guidelines (httD://www.fws.pov/windenergy/j for minimizing impacts to migratory birds (including bald and golden eagles) and bats. Guidance for minimizing impacts to migratory birds for projects including communications towers (e.g., cellular, digital television, radio, and emergency broadcast) can be found at: http:// www fws.gov/migratory birds/CurrentBirdIssues/Hazards/towers/towers.htm; 11/11/2020 Event Code: 04EN1000-2021-E-00195 http://www.towerkill.com; and http://www.fws.gov/migratorybirds/CurrentBirdlssues/Hazards/ towers/comtow.html. We appreciate your concern for threatened and endangered species. The Service encourages Federal agencies to include conservation of threatened and endangered species into their project planning to further the purposes of the Act. Please include the Consultation Tracking Number in the header of this letter with any request for consultation or correspondence about your project that you submit to our office. Attachment(s): ■ Official Species List • Migratory Birds • Wetlands 11/11/2020 Event Code: 04EN1000-2021-E-00195 1 Official Species List This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the requirement for Federal agencies to "request of the Secretary of the Interior information whether any species which is listed or proposed to be listed may be present in the area of a proposed action". This species list is provided by: Asheville Ecological Services Field Office 160 Zillicoa Street Asheville, NC 28801-1082 (828) 258-3939 11/11/2020 Event Code: 04EN1000-2021-E-00195 2 Project Summary Consultation Code: 04EN1000-2021-SLI-0089 Event Code: 04EN1000-2021-E-00195 Project Name: Villages at Creedmoore Project Type: DEVELOPMENT Project Description: Residential subdivision Project Location: Approximate location of the project can be viewed in Google Maps: h, ttps:// www.google.com/maps/place/35.28548081561132N80.9621476268944W Counties: Mecklenburg, NC 11/11/2020 Event Code: 04EN1000-2021-E-00195 3 Endangered Species Act Species There is a total of 5 threatened, endangered, or candidate species on this species list. Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species. IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA Fisheriesi, as USFWS does not have the authority to speak on behalf of NOAA and the Department of Commerce. See the "Critical habitats" section below for those critical habitats that lie wholly or partially within your project area under this office's jurisdiction. Please contact the designated FWS office if you have questions. 1. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce. Mammals NAME STATUS Northern Long-eared Bat Myotis septentrionalis Threatened No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/9045 Clams iVf1lME STATUS Carolina Heelsplitter Lasmigona decorata Endangered There is final critical habitat for this species. Your location is outside the critical habitat. Species profile: hitps://ecos.fws.gov/ecp/species/3534 11/11/2020 Event Code: 04EN1000-2021-E-00195 4 Flowering Plants NAME Michaux's Sumac Rhus michauxii No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/5217 Schweinitz's Sunflower Helianthus schweinitzii No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ems/species/3849 Smooth Coneflower Echinacea laevigata No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/3473 STATUS Endangered Endangered Endangered Critical habitats THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. 11/11/2020 Event Code: 04EN1000-2021-E-00195 Migratory Birds Certain birds are protected under the Migratory Bird Treaty Act! and the Bald and Golden Eagle Protection Acts. Any person or organization who plans or conducts activities that may result in impacts to migratory birds, eagles, and their habitats should follow appropriate regulations and consider implementing appropriate conservation measures, as described below. 1. The Migratory Birds Treaty Act of 1918. 2. The Bald and Golden Eagle Protection Act of 1940. 3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a) The birds listed below are birds of particular concern either because they occur on the USFWS Birds of Conservation Concern (BCC) list or warrant special attention in your project location. To learn more about the levels of concern for birds on your list and how this list is generated, see the FAQ below. This is not a list of every bird you may find in this location, nor a guarantee that every bird on this list will be found in your project area. To see exact locations of where birders and the general public have sighted birds in and around your project area, visit the E-bird data mapping tool (Tip: enter your location, desired date range and a species on your list). For projects that occur off the Atlantic Coast, additional maps and models detailing the relative occurrence and abundance of bird species on your list are available. Links to additional information about Atlantic Coast birds, and other important information about your migratory bird list, including how to properly interpret and use your migratory bird report, can be found below. For guidance on when to schedule activities or implement avoidance and minimization measures to reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE SUMMARY at the top of your list to see when these birds are most likely to be present and breeding in your project area. NAME BREEDING SEASON Wood Thrush Hylocichla mustelina Breeds May 10 to Aug 31 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Probability Of Presence Summary The graphs below provide our best understanding of when birds of concern are most likely to be present in your project area. This information can be used to tailor and schedule your project activities to avoid or minimize impacts to birds. Please make sure you read and understand the 11/11/2020 Event Code: 04EN1000-2021-E-00195 FAQ "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting to interpret this report. Probability of Presence (E) Each green bar represents the bird's relative probability of presence in the 10km grid cell(s) your project overlaps during a particular week of the year. (A year is represented as 12 4-week months.) A taller bar indicates a higher probability of species presence. The survey effort (see below) can be used to establish a level of confidence in the presence score. One can have higher confidence in the presence score if the corresponding survey effort is also high. How is the probability of presence score calculated? The calculation is done in three steps: 1. The probability of presence for each week is calculated as the number of survey events in the week where the species was detected divided by the total number of survey events for that week. For example, if in week 12 there were 20 survey events and the Spotted Towhee was found in 5 of them, the probability of presence of the Spotted Towhee in week 12 is 0.25. 2. To properly present the pattern of presence across the year, the relative probability of presence is calculated. This is the probability of presence divided by the maximum probability of presence across all weeks. For example, imagine the probability of presence in week 20 for the Spotted Towhee is 0.05, and that the probability of presence at week 12 (0.25) is the maximum of any week of the year. The relative probability of presence on week 12 is 0.25/0.25 =1; at week 20 it is 0.05/0.25 = 0.2. 3. The relative probability of presence calculated in the previous step undergoes a statistical conversion so that all possible values fall between 0 and 10, inclusive. This is the probability of presence score. Breeding Season (�. ) Yellow bars denote a very liberal estimate of the time -frame inside which the bird breeds across its entire range. If there are no yellow bars shown for a bird, it does not breed in your project area. Survey Effort (1) Vertical black lines superimposed on probability of presence bars indicate the number of surveys performed for that species in the 10km grid cell(s) your project area overlaps. The number of surveys is expressed as a range, for example, 33 to 64 surveys. No Data (—) A week is marked as having no data if there were no survey events for that week. Survey Timeframe Surveys from only the last 10 years are used in order to ensure delivery of currently relevant information. The exception to this is areas off the Atlantic coast, where bird returns are based on all years of available data, since data in these areas is currently much more sparse. 1111112020 Event Code: 04EN1000-2021-E-00195 ■ probability of presence breeding season I survey effort — no data SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Wood Thrush - -+— —+-- — •-- BCC Rangewide (CON) „ Additional information can be found using the following links: ■ Birds of Conservation Concern http://www.fws.gov/birds/management/managed-species birds-of-conservation-concern.pha ■ Measures for avoiding and minimizing impacts to birds http://www.fws.,gov/birds/ management/project-assessment-tools-and-guidance/ conservation-measures.php • Nationwide conservation measures for birds http://www.fws.gov/migratorybirds/pdf/ management/nationwidestandardconservationmeasures.pdf Migratory Birds FAQ Tell me more about conservation measures I can implement to avoid or minimize impacts to migratory birds. Nationwide Conservation Measures describes measures that can help avoid and minimize impacts to all birds at any location year round. Implementation of these measures is particularly important when birds are most likely to occur in the project area. When birds may be breeding in the area, identifying the locations of any active nests and avoiding their destruction is a very helpful impact minimization measure. To see when birds are most likely to occur and be breeding in your project area, view the Probability of Presence Summary. Additional measures and/or permits may be advisable depending on the type of activity you are conducting and the type of infrastructure or bird species present on your project site. What does IPaC use to generate the migratory birds potentially occurring in my specified location? The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern BCC and other species that may warrant special attention in your project location. The migratory bird list generated for your project is derived from data provided by the Avian Knowledge Network (AKN). The AKN data is based on a growing collection of survey, banding, and citizen science datasets and is queried and filtered to return a list of those birds reported as occurring in the 10km grid cell(s) which your project intersects, and that have been identified as warranting special attention because they are a BCC species in that area, an eagle (Eagle Act requirements may apply), or a species that has a particular vulnerability to offshore activities or development. 11/11/2020 Event Code: 04EN1000-2021-E-00195 Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your project area. It is not representative of all birds that may occur in your project area. To get a list of all birds potentially present in your project area, please visit the AKN Phenology Tool. What does IPaC use to generate the probability of presence graphs for the migratory birds potentially occurring in my specified location? The probability of presence graphs associated with your migratory bird list are based on data provided by the Avian Knowledge Network (AKN). This data is derived from a growing collection of survey, banding, and citizen science datasets . Probability of presence data is continuously being updated as new and better information becomes available. To learn more about how the probability of presence graphs are produced and how to interpret them, go the Probability of Presence Summary and then click on the "Tell me about these graphs" link. How do I know if a bird is breeding, wintering, migrating or present year-round in my project area? To see what part of a particular bird's range your project area falls within (i.e. breeding, wintering, migrating or year-round), you may refer to the following resources: The Cornell Lab of Ornithology All About Birds Bird Guide, or (if you are unsuccessful in locating the bird of interest there), the Cornell Lab of Ornithology Neotropical Birds guide. If a bird on your migratory bird species list has a breeding season associated with it, if that bird does occur in your project area, there may be nests present at some point within the timeframe specified. If "Breeds elsewhere" is indicated, then the bird likely does not breed in your project area. What are the levels of concern for migratory birds? Migratory birds delivered through IPaC fall into the following distinct categories of concern: 1. "BCC Rangewide" birds are Birds of Conservation Concern (BCC) that are of concern throughout their range anywhere within the USA (including Hawaii, the Pacific Islands, Puerto Rico, and the Virgin Islands); 2. "BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation Regions (BCRs) in the continental USA; and 3. "Non -BCC - Vulnerable" birds are not BCC species in your project area, but appear on your list either because of the Eagle Act requirements (for eagles) or (for non -eagles) potential susceptibilities in offshore areas from certain types of development or activities (e.g. offshore energy development or longline fishing). Although it is important to try to avoid and minimize impacts to all birds, efforts should be made, in particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC species of rangewide concern. For more information on conservation measures you can implement to help avoid and minimize migratory bird impacts and requirements for eagles, please see the FAQs for these topics. Details about birds that are potentially affected by offshore projects 11/11/2020 Event Code: 04EN1000-2021-E-00195 For additional details about the relative occurrence and abundance of both individual bird species and groups of bird species within your project area off the Atlantic Coast, please visit the Northeast Ocean Data Portal. The Portal also offers data and information about other taxa besides birds that may be helpful to you in your project review. Alternately, you may download the bird model results files underlying the portal maps through the NOAA NCCOS Integrative Statistical Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic Outer Continental Shelf project webpage. Bird tracking data can also provide additional details about occurrence and habitat use throughout the year, including migration. Models relying on survey data may not include this information. For additional information on marine bird tracking data, see the Diving Bird Study and the nanotag studies or contact Caleb Spiegel or Pam Loring. What if I have eagles on my list? If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid violating the Eagle Act should such impacts occur. Proper Interpretation and Use of Your Migratory Bird Report The migratory bird list generated is not a list of all birds in your project area, only a subset of birds of priority concern. To learn more about how your list is generated, and see options for identifying what other birds may be in your project area, please see the FAQ "What does IPaC use to generate the migratory birds potentially occurring in my specified location'. Please be aware this report provides the "probability of presence" of birds within the 10 km grid cell(s) that overlap your project; not your exact project footprint. On the graphs provided, please also look carefully at the survey effort (indicated by the black vertical bar) and for the existence of the "no data" indicator (a red horizontal bar). A high survey effort is the key component. If the survey effort is high, then the probability of presence score can be viewed as more dependable. In contrast, a low survey effort bar or no data bar means a lack of data and, therefore, a lack of certainty about presence of the species. This list is not perfect; it is simply a starting point for identifying what birds of concern have the potential to be in your project area, when they might be there, and if they might be breeding (which means nests might be present). The list helps you know what to look for to confirm presence, and helps guide you in knowing when to implement conservation measures to avoid or minimize potential impacts from your project activities, should presence be confirmed. To learn more about conservation measures, visit the FAQ "Tell me about conservation measures I can implement to avoid or minimize impacts to migratory birds" at the bottom of your migratory bird trust resources page. 11/11/2020 Event Code: 04EN1000-2021-E-00195 Wetlands Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under Section 404 of the Clean Water Act, or other State/Federal statutes. For more information please contact the Regulatory Program of the local U.S. Army Corps of Engineers District. Please note that the NWI data being shown may be out of date. We are currently working to update our NWI data set. We recommend you verify these results with a site visit to determine the actual extent of wetlands on site. FRESHWATER FORESTED/SHRUB WETLAND ■ PF01A Attachment C N.C. Natural Heritage Program Report re �� Roy Cooper, Governor ** NC DEPARTMENT OF Susi Hamilton. Secretary N59M NATURAL AND CULTURAL RESOURCES 11140101111 Waiter Clark, Director, Land and Water Stewardship NCNHDE-13244 November 4, 2020 Meagan Jolly Wetlands & Waters, Inc. 328 East Broad Street Statesville, NC 28677 RE: Villages at Creedmore Dear Meagan Jolly: The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources for the project referenced above. A query of the NCNHP database indicates that there are records for rare species, important natural communities, natural areas, and/or conservation/managed areas within the proposed project boundary. These results are presented in the attached 'Documented Occurrences' tables and map. The attached 'Potential Occurrences' table summarizes rare species and natural communities that have been documented within a one -mile radius of the property boundary. The proximity of these records suggests that these natural heritage elements may potentially be present in the project area if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile radius of the project area, if any, are also included in this report. If a Federally -listed species is documented within the project area or indicated within a one -mile radius of the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for guidance. Contact information for USFWS offices in North Carolina is found here: httUs://www.fws,gov/offices/Directory/`ListOffices.cfm?statecode=37. Please note that natural heritage element data are maintained for the purposes of conservation planning, project review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions. Information provided by the NCNHP database may not be published without prior written notification to the NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NCNHP data may not be redistributed without permission. Also please note that the NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature Preserve, Registered Heritage Area, Clean Water Management Trust Fund easement, or an occurrence of a Federally -listed species is documented near the project area. If you have questions regarding the information provided in this letter or need additional assistance, please contact Rodney A. Butler at rod nev.butlerna ncdcr.aov or 919-707-8603. Sincerely, NC Natural Heritage Program Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Intersecting the Project Area Villages at Creedmore November 4, 2020 NCNHDE-13244 No Element Occurrences are Documented within the Project Area There are no documented element occurrences (of medium to very high accuracy) that intersect with the project area. Please note, however, that althou NCNHP database does not show records for rare species within the project area, it does not necessarily mean that they are not present; it may simply me the area has not been surveyed. The use of Natural Heritage Program data should not be substituted for actual field surveys if needed, particularly if the area contains suitable habitat for rare species. If rare species are found, the NCNHP would appreciate receiving this information so that we may update c database. No Natural Areas are Documented within the Project Area Managed Areas Documented Within Project Area Managed Area Name-_ Owner `' Owner Type -s City of Charlotte Open Space City of Charlotte Local Government NOTE: If the proposed project intersects with a conservation/managed area, please contact the landowner directly for additional information. If the project intersects with a Dedicated Nature (DNP), Registered Natural Heritage Area (RHA), or Federally -listed species, NCNHP staff may provide additional correspondence regarding the project. Definitions and an explanation of status designations and codes can be found at https://ncnhde.natureserve.ora/help. Data query generated on November 4, 2020; source: NCNHP, 03 OctobE Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database. Page 2 of 4 Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One -mile Radius of the Project Area Villages at Creedmore November 4, 2020 NCNHDE-13244 Element Occurrences Documented Within a One -mile Radius of the Project Area Taxonomic EO ID Scientific Name Common Name Last Element Accuracy Federal State Global Stab Group Observation Occurrence Status Status Rank Ranl Date Rank Vascular Plant 21132 Acmispon helleri Carolina Birdfoot- 1997-09-11 C? 2-High --- Special G5T3 S3 trefoil Concern Vulnerable Vascular Plant 13743 Delphinium exaltatum Tall Larkspur 1800s Hi? 5-Very --- Endangered G3 S2 Low Vascular Plant 20445 Helianthus schweinitzii Schweinitz's Sunflower 2013 X 2-High Endangered Endangered G3 S3 Natural Areas Documented Within a One -mile Radius of the Project Area Site Name Representational Rating Collective Rating Long Creek Bluff R2 (Very High) C4 (Moderate) Managed Areas Documented Within a One -mile Radius of the Project Area Managed Area Name Owner Owner Type Mecklenburg County Open Space - Long Creek Mecklenburg County Local Government Greenway NC Land and Water Fund Funded Project NC DNCR, NC Land and Water Fund State Catawba Lands Conservancy Easement Catawba Lands Conservancy Private City of Charlotte Open Space City of Charlotte Local Government NC Department of Transportation Mitigation Site NC Department of Transportation State Definitions and an explanation of status designations and codes can be found at httos://ncnhde.natureserve.ora/heir). Data query generated on November 4, 2020; source: NCNHP, Q3 OctobE Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database Page 3 of 4 November 4, 2020 Project Boundary Buffered Project Boundary NHP Natural Area (NHNA) Managed Area (MAREA) NCNHDE-13244: Villages at Creedmore Page 4 of 4 Gbynwawa` Va— P. Crc 4 1:23,579 0 0.2 04 0.8 MI 0 0.3 06 1.2km Sources Ems. HERE, Garmn, InWrnap. increment P Cap GE9CO, USi;S FAO. NPS, NRCAN, Ce S. M. IGN. Kadaster NL. Ordnance Survey. Esn Japan EI, Es Mn CNma (Hong Kongi. (c) OpenSueeaMap conA'OJutors, and the GIS user Con—andy Attachment D US Fish & Wildlife Service Optimal Survey Windows for Protected Plant Species OPTIMAL SURVEY WINDOWS AND NUMBER OF YEARS A SURVEY IS VALID FOR NORTH CAROLINA'S FEDERALLY THREATENED, ENDANGERED, AND AT -RISK PLANT SPECIES SCIENTIFIC NAME COMMON NAME STATUS SURVEY WINDOW YEARS SURVEY IS VALID Aeschynomene virginica sensitive joint -vetch T July — October 1 Amaranthus pumilus seabeach amaranth T July - October (or before first tropical storm that causes overwash 1 Amorpho georgiona var. eor Tana Georgia lead -plant ARS late April — October 2 Cardamine micranthera small-anthered bittercress E April - May 1 Carex impressinervia impressed -nerved sedge ARS April - May 2 Carex lutea golden sedge E mid April - mid June 2 Dionaea muscipula Venus flytrap ARS late May —June 2 Echinacea loevigata smooth coneflower E late May — October 2 Fimbristylis perpusilla Harper's fimbristylis ARS I July — September 2 Geum radiatum spreading avens E June — September 2 Gymnoderma lineare rock gnome lichen E year round 2 Hedyotis purpurea var. Montana Roan Mountain bluet E June —July 2 Helianthus schweinitzii Schweinitz's sunflower E I late August — October 2 Helonias bullato swamp pink T April — May 2 Hexastylis naniflora dwarf -flowered heartleaf T March — May 2 Hudsonia montana mountain golden heather T late May -early June 2 Isoetes microvela thin -wall quillwort ARS April — July 1 Isotria medeoloides small whorled pogonia T I mid May - early July 1 Liatris helleri Heller's blazing star T July — September 2 Lindera melissifolia pondberry E February — March; September - October 2 Lindera subcoriacea bog spicebush ARS March - August 2 Lobelia boykinii Boykin's lobelia ARS May —July 2 Ludwigia ravenii Raven's seedbox ARS June - October 2 Lysimachia asperulaefolia rough -leaved loosestrife E mid May —September 2 Macbridea caroliniana Carolina birds -in -a -nest ARS July— November 2 Minuartia godfreyi Godfrey's stitchwort ARS April —June 2 Oxypolis canbyi Canby's dropwort E I mid July — September 2 Platanthera integrilabia white fringeless orchid T mid July - late August 2 Ptilimnium nodosum harperella E July — early September (during low water) 1 Rhus michauxii Michaux's sumac E May —October 2 Rhynchospora crinipes hairy-peduncled beakrush ARS July — September 2 Rudbeckia heliopsidis sun -facing coneflower ARS July — September 2 Sagittaria fasciculato bunched arrowhead E mid May —July 2 Sarracenia oreophila green pitcher -plant E late April — October 2 Sarracenia purpurea var. montana mountain purple pitcher- plant ARS April —October 2 Sarracenia rubra ssp. jonesii mountain sweet pitcher- plant E April — October 2 SCIENTIFIC NAME COMMON NAME STATUS SURVEY WINDOW YEARS SURVEY IS VALID Schwalbea americana American chaffseed E May - August (1-2 months after a fire) 2 Sisyrinchium dichotomum white irisette E I late May —July 2 Solidago plumoso Yadkin River goldenrod CCA September — October 2 Solidago spithamaea Blue Ridge goldenrod T July — September 2 Symphyotrichum georgianum Georgia aster CCA October - mid November 2 Spiraea virginiana Virginia spiraea T May - early July 2 Sporobolus teretifolius wire -leaved dropseed ARS July —September (following fire) 2 Thalictrum cooieyi Cooley's meadowrue E mid June - early July 2 Tsuga caroliniana lCarolina hemlock I ARS year round 1 2 STATUS KEY: E - Federally endangered T - Federally threatened ARS - Proposed for listing as threatened or endangered under the ESA, candidate species for listing, or petitioned by a third parry for listing. ARS species listed above have "substantial" 90-day findings and are undergoing status reviews (awaiting 12-month findings). CCA - Species subject to a candidate conservation agreement. OTHER NOTES: These survey windows were determined from species recovery plans, field observations, herbaria specimens, and NC Natural Heritage Program information. For additional information about these species, please visit the U.S. Fish and Wildlife Service Asheville Field Office webpage at https://www.fws.gov/asheville/ or the Raleigh Field Office webpage at https://www.fws.gov/raleigh/. If suitable habitat for species is present in the proposed impact area, the U.S. Fish and Wildlife Service will likely request species surveys, conducted by a qualified biologist, during the optimal survey window. Projects are reviewed on a case -by -case basis and you are encouraged to contact a Section 7 coordinator early in the project planning process. To discuss your project and survey requirements with a Section 7 coordinator, please contact the Asheville Field Office at 828-258-3939 or the Raleigh Field Office at 919-856-4520 Version date: March 10, 2020 m -