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HomeMy WebLinkAbout20201526 Ver 1_Blue Sky PCN package SUBMITTED_20210113WEPG Preliminary ORM Data Entry Fields for New Actions Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. SAW — 2019 - 02211 BEGIN DATE [Received Date]: Prepare file folder ❑ 1. Project Name [PCN Form A2a]: Blue Sky Meadows 2. Work Type: Private Z Institutional ❑ 3. Project Description / Purpose [PCN Form 133d and 133e]: Assign Action ID Number in ORM ❑ Government ❑ Commercial ❑ Nationwide Permit request for a Residential Development 4. Property Owner / Applicant [PCN Form A3 or A4]: Pace Development Group (Applicant) 5. Agent / Consultant [PCN Form A5 — or ORM Consultant ID Number]: Leonard S. Rindner, PLLC / WEPG 6. Related Action ID Number(s) [PCN Form 135b]: 7. Project Location - Coordinates, Street Address, and/or Location Description [PCN Form 131b]: 35.0118N/-80.5505, Monroe, NC 8. Project Location -Tax Parcel ID [PCN Form 131a]: 09216042 9. Project Location —County [PCN Form A2b]: Union 10. Project Location — Nearest Municipality or Town [PCN Form A2c]: Monroe 11. Project Information — Nearest Waterbody [PCN Form 132a]: Stewarts Creek 12. Watershed / 8-Digit Hydrologic Unit Code [PCN Form 132c]: 03040105 Authorization: Section 10 ❑ Section 404 Z Section 10 & 404 ❑ Regulatory Action Type: ❑ Standard Permit U Nationwide Permit # 29 ❑ Regional General Permit # Jurisdictional Determination Request ❑Pre -Application Request Unauthorized Activity ❑ Compliance ❑ No Permit Required Oa ks]111141L160% Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. January 13, 2021 Mr. Bryan Roden -Reynolds U.S. Army Corps of Engineers Charlotte Regulatory Field Office 8430 University Executive Park Drive Charlotte, NC 28262 Mr. Alan Johnson NCDEQ Division of Water Resources 610 East Center Street, Suite 301 Mooresville, NC 28115 Mr. Paul Wcjoski NCDWR Division of Water Resources Wetlands & Storm Water Branch 512 North Salisbury Street Raleigh, NC 27604 Mr. Byron Hamstead U.S. Fish and Wildlife Service Asheville Field Office 160 Zillicoa St. Asheville, NC 28801 Subiect: SAW-2019-02211; Pre -Construction Notification for NWP 429 for the Blue Skv Meadows site in Monroe, Union County, North Carolina Messrs. Roden -Reynolds, Johnson, Wcjoski, and Hamstead, Enclosed is a request for Nationwide Permit 929 for the Blue Sky Meadows site on 120 acres located west of Concord Ave and north of Hillsdale Drive in Monroe, Union County, NC. The site is a proposed residential development and consists of five streams and nine wetlands. A Preliminary Jurisdictional Determination Request was authorized by B. Roden -Reynolds in January 2020. Please refer to the Jurisdictional Determination Information for updated information on onsite surface waters and to the Approvals/Authorizations sections for previous approvals. As shown on the attached exhibits, the proposed project will include permanent impacts to three streams for road crossing access and one wetland for roadway and stormwater infrastructure Charlotte Office: 10612-D Providence Rd. PMB 550 Charlotte, NC 28277 (704)904-2277 len. ri ndner@wetlands-epg.com www.wetiands-epg.com Asheville Office: 1070 Tunnel Rd., Bldg. I Suite 10, PM 283 Asheville, NC 28805 Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. installation. Total permanent impacts proposed include 265 linear feet of stream (Streams A and B) and 0.078 acres of wetland impacts (Wetland L). These impacts were necessary due to connectivity requirements as well as constraints from proposed infrastructure and onsite stream buffers. Impacts to site surface waters associated with the proposed development were limited through site selection location, design, and the location/orientation of the proposed lots and access routes. Retaining walls and 2:1 sloping will be implemented, where possible, to limit impacts to site surface waters. The applicant has demonstrated substantial avoidance and minimization efforts in which 86% of the 0.567 acres of onsite wetlands and 95% of the 5,291 if of onsite streams will avoid permanent impacts. To compensate for the anticipated loss to Waters of the US, the applicant is proposing payment to the North Carolina Division of Mitigation Services In -Lieu Fee Program at a 2:1 ratio for 235 linear feet of impacts to onsite perennial streams. Also enclosed is a copy of our Threatened/Endangered Species Evaluation for the site. No listed species were identified within the project area and we believe that there will be no effect on listed species, or their critical habitat as designated under Section 7 of the Endangered Species Act. Please refer to the Threatened and Endangered Species Evaluation Section for additional details on the terrestrial species evaluation. Thank you for your consideration and please contact me if you have any questions, (704) 999-5279 or email at heath. caldwell(c�r�,wetlands-epg com. Sincerely, �qaww Heath Caldwell Environmental Scientist Charlotte Office: 10612-b Providence Rd. PMB 550 Charlotte, NC 28277 (704)904-2277 len.rindner@wetlands-epg.com www.wetiands-epg.com Len Rindner, PWS Principal Asheville Office: 1070 Tunnel Rd., Bldg. I Suite 10, PMB 283 Asheville, NC 28805 C O V d d Q L. N CL Permit Application w A rE�QG T. Office Use Only: Corps action ID no. DWQ project no. Form Version 1.4 January 2009 Pre -Construction Notification (PCN) Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: ❑X Section 404 Permit ❑ Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: 29 or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? ❑ Yes ❑X No 1d. Type(s) of approval sought from the DWQ (check all that apply): ❑X 401 Water Quality Certification — Regular ❑ Non-404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ❑ Yes ❑X No For the record only for Corps Permit: ❑ Yes ❑X No 1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. ❑X Yes ❑ No 1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ❑ Yes ❑X No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ❑X No 2. Project Information 2a. Name of project: Blue Sky Meadows 2b. County: Union 2c. Nearest municipality / town: Monroe 2d. Subdivision name: 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: Franklin Howey Jr & Allison Howey 3b. Deed Book and Page No. 4772/073 3c. Responsible Party (for LLC if applicable): 3d. Street address: PO Box 429 3e. City, state, zip: Monroe, NC 28111 3f. Telephone no.: (704)289-3401 3g. Fax no.: 3h. Email address: n/a Page 1 of 10 PCN Form — Version 1.4 January 2009 4. Applicant Information (if different from owner) 4a. Applicant is: ❑ Agent ❑X Other, specify: Developer 4b. Name: Brian Pace 4c. Business name (if applicable): Pace Development Group 4d. Street address: 6719C Fairview Road 4e. City, state, zip: Charlotte, NC 28210 4f. Telephone no.: (704)365-1208 4g. Fax no.: 4h. Email address: bpace@pacedevelop.com 5. Agent/Consultant Information (if applicable) 5a. Name: Heath Caldwell 5b. Business name (if applicable): Wetlands & Environmental Planning Group, PLLC 5c. Street address: 10612-D Providence Road, PMB 550 5d. City, state, zip: Charlotte, NC 28277 5e. Telephone no.: 704-999-5279 5f. Fax no.: 5g. Email address: heath. caldweIl@wetlands-epg.ccm Page 2 of 10 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 09216042 1 b. Site coordinates (in decimal degrees): Latitude: 35.0118 Longitude:-80.5505 1c. Property size: 120 acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: Stewarts Creek 2b. Water Quality Classification of nearest receiving water: WS-III 2c. River basin: Yadkin Pee Dee 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 is +/-120 acres located west of Concord Ave and north of Hillsdale Drive in Monroe, Union County, North Carolina. It consists of expansive woodlots that have been timbered and are in early succession, old logging roads, creek corridors with narrow buffers, large crop fields, a private home site, small outbuildings, and a gravel driveway. The topography is moderately sloped with the elevation ranging from 550 to 620 ft. 3b. List the total estimated acreage of all existing wetlands on the property: 0.567 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 5,291 3d. Explain the purpose of the proposed project: The project consists of three road crossings, sewer and utility installation, minor fill/grading for BMP, three road crossings, utility installation and minor grading for stormwater infrastructure. 3e. Describe the overall project in detail, including the type of equipment to be used: Fill and grading of the site will use standard equipment, excavator, dump truck, track hoe, etc. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project(including all priorphases) in thepast? ❑X Yes ❑ No ❑ Unknown Comments: SAW-2019-02211 4b. If the Corps made the jurisdictional determination, what type of determination was made? ❑X Preliminary ❑ Final 4c. If yes, who delineated the jurisdictional areas? Name (if known): Nic Nelson Agency/Consultant Company: WEPG Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. This site was verified by B. Roden -Reynolds (USACE) on 1/17/20. A copy of the signed JD approval is included in the Approvals section. 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? ❑Yes ❑X No ❑ Unknown 5b. If yes, explain in detail according to "help file" instructions. 6. Future Project Plans 6a. Is this a phased project? ❑ Yes ❑X No 6b. If yes, explain. Page 3 of 10 PCN Form — Version 1.4 January 2009 C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): ❑X Wetlands ❑X Streams —tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. Wetland impact number Permanent (P) or Temporary T 2b. Type of impact 2c. Type of wetland 2d. Forested 2e. Type of jurisdiction Corps (404,10) or DWQ (401, other) 2f. Area of impact (acres) W1 P Fill Bottomland Hardwood Forest Yes Corps 0.014 W2 P Fill Bottomland Hardwood Forest Yes Corps 0.064 W3 T Excavation Non -Tidal Freshwater Marsh Yes Corps 0.2 W4 Choose one Choose one Yes/No W5 Choose one Choose one Yes/No W6 Choose one Choose one Yes/No 2g. Total Wetland Impacts: 0.278 2h. Comments: W1 - 0.0114 AC of impact is due to BMP W3 - temporary impact, will be restored as noted on the exhibits 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. Stream impact number Permanent (P) or Temporary (T) 3b. Type of impact 3c. Stream name 3d. Perennial (PER) or intermittent (INT)? 3e. Type of jurisdiction 3f. Average stream width (feet) 3g. Impact length (linear feet) S1 Choose one PLEASE S2 Choose one SEE S3 Choose one THE S4 Construction Access ATTACHED S5 Choose one TABLE S6 Choose one 3h. Total stream and tributary impacts 3i. Comments: Page 4 of 10 PCN Form — Version 1.4 January 2009 Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. Table 2. Proposed Irr acts Inventory/ Stream Impacts - Stream Impact number Permanent P or Tern p ora ry Type of Impact Stream Name Perennial (PER) or Intermittent {INTj Type of Jurisdiction Average Stream Width (feet) Impact Length (linear feet) S1 - P Culvert Stream A PER Corps 6 82 S2 - P Rip Rap Stream A PER Corps 6 10 S3 - T Construction Access Stream A PER Corps 6 10 S4 - P Culvert Stream A PER Corps 6 86 S5 - P Rip Rap Stream A PER Corps 6 10 S6-T Construction Access Stream PER Corps 6 10 S7 - P Culvert Stream B PER Corps 6 67 S8 - P Rip Rap Stream B PER Corps 6 10 S9 - T Construction Access Stream B PER Corps 6 8 Total Impacts 293 *S2, S5, S8 are no loss impacts. Rip rap will be placed at pre -construction stream bed elevations. Charlotte Office: 10612-D Providence Rd. PMB 550 Charlotte, NC 28277 (704)904-2277 len. ri ndner@wetiands-epg.com www.wetlands-epg.com Asheville Office: 1070 Tunnel Rd., Bldg. I Suite 10, PM 283 Asheville, NC 28805 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then indivi ually list all open water impacts below. 4a. Open water impact number Permanent (P) or Temporary T 4b. Name of waterbody (if applicable) 4c. Type of impact 4d. Waterbody type 4e. Area of impact (acres) 01 Choose one Choose 02 Choose one Choose 03 Choose one Choose 04 Choose one Choose 4f. Total open water impacts 4g. Comments: 5. Pond or Lake Construction If pond or lake construction proposed, the complete the chart below. 5a. Pond ID number 5b. Proposed use or purpose of pond 5c. Wetland Impacts (acres) 5d. Stream Impacts (feet) 5e. Upland (acres) Flooded Filled Excavated Flooded Filled Excavated P1 Choose one P2 Choose one 5f. Total: 5g. Comments: 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. 6a. Project is in which protected basin? ❑ Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Randleman ❑ Other: 6b. Buffer Impact number — Permanent (P) or Temporary T 6c. Reason for impact 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact (square feet) 6g. Zone 2 impact (square feet B1 Yes/No B2 Yes/No B3 Yes/No B4 Yes/No B5 Yes/No B6 Yes/No 6h. Total Buffer Impacts: 6i. Comments: Page 5 of 10 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. Impacts associated with the proposed development were limited through site selection, design, and location/orientation of the proposed lots and access routes. Proposed alignments are designed to meet safety and conductivity requirements while preserving as much undisturbed stream corridor as feasible. The applicant has demonstrated substantial avoidance and minimization efforts in which 86% of the 0.567 acres of onsite wetlands and 95% of the 5,291 If of onsite streams will avoid permanent impacts. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Construction techniques will implement approved erosion control methods to avoid/minimize impacts to onsite/adjacent offsite receiving conveyances. Crossings have been proposed within less sinuous stream sections to minimize impacts. All utilities but one will be bored to avoid impacts. Wetland impacts due to utilities were a result of realigning the utility corridor to eliminate an additional stream crossing. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? ❑X Yes ❑ No 2b. If yes, mitigation is required by (check all that apply): ❑ DWQ ❑X Corps 2c. If yes, which mitigation option will be used for this project? ❑ Mitigation bank ❑X Payment to in -lieu fee program ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type: Choose one Type: Choose one Type: Choose one Quantity: Quantity: Quantity: 3c. Comments: 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. ❑X Yes 4b. Stream mitigation requested: 235 linear feet 4c. If using stream mitigation, stream temperature: warm 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: 30' of proposed permanent impact due to rip rap - to be installed at preconstruction streambed elevations. 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Page 6 of 10 PCN Form — Version 1.4 January 2009 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires ❑ Yes ❑X No buffer mitigation? 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. 6c. 6d. 6e. Zone Reason for impact Total impact Multiplier Required mitigation (square feet) (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund). 6h. Comments: Page 7 of 10 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers identified ❑ Yes ❑X No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. ❑ Yes ❑ No 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 38 2b. Does this project require a Stormwater Management Plan? ❑X Yes ❑ No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: Storm water on the site will be handled by facilities shown on the attached plans. The stormwater will be submitted to Union County and is designed to meet their criteria. 2e. Who will be responsible for the review of the Stormwater Management Plan? Union County 3. Certified Local Government Stormwater Review 3a. In which localgovernment's jurisdiction is thisproject? Union County ❑X Phase II ❑ NSW 3b. Which of the following locally -implemented stormwater management programs ❑ USMP apply (check all that apply): ❑ Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ❑Yes ❑X No attached? 4. DWQ Stormwater Program Review ❑Coastal counties ❑HQW 4a. Which of the following state -implemented stormwater management programs apply ❑ORW (check all that apply): ❑Session Law 2006-246 ❑Other: 4b. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑X No attached? 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ❑ Yes ❑ No 5b. Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No Page 8 of 10 PCN Form — Version 1.4 January 2009 F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1 a. Does the project involve an expenditure of public (federal/state/local) funds or the ❑ Yes 0 No use of public (federal/state) land? 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ❑Yes ❑ No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval ❑ Yes ❑ No letter.) Comments: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, []Yes 0 No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after -the -fact permit application? ❑Yes 0 No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in ❑Yes 0 No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. No additional phases proposed. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. Wastewater generated on the site will be transported to the nearest treatment facility via sewer lines. Page 9 of 10 PCN Form — Version 1.4 January 2009 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or ❑ Yes ❑X No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ❑ Yes ❑X No impacts? 5c. If yes, indicate the USFWS Field Office you have contacted. - 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? A threatened/endangered species assessment was conducted in which no species were identified. Habitat does exist for the Northern Long Eared Bat but the project is exempt as noted in the included T&E report. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes ❑X No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? No essential habitat in this region. 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation ❑ Yes ❑X No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? SHPO's website: https://nc.maps.arcgis.com/ 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? ❑ Yes ❑X No 8b. If yes, explain how project meets FEMA requirements: 8c. What source(s) did you use to make the floodplain determination? www.fema.gov, Union County GIS Heath Caldwell ( Qr �j 01.13.2021 Applicant/Agent's Printed Name Date Applicant/Agent's Signature (Agent's signature is valid only if an authorization letter from the applicant isprovided.) Page 10 of 10 Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. Agent Authorization Letter The purpose of this form is to authorize our firm to act on your behalf in matters related to aquatic resource (i.e. stream/wetlands) identification/mapping and regulatory permitting. The undersigned, who are either registered property owners or legally authorized to conduct due diligence activities on the property as identified below, do hereby authorize associates of Leonard S. Rindner, PLLC, Wetlands and Environmental Planning Group (WEPG) to act on my behalf and take all actions necessary for the processing, issuance, and acceptance of applicable permit(s) and/or certification(s). Project/Site Name: Concord Avenue - Monroe site Property Address: SW of Intersection of Concord Hwy & Concord Ave, Monroe, NC Parcel Identification Number (PIN): 09216042 Select one: I am other Name: Brian Pace Company: \Gcc- Dc- -r �-t7 Mailing Address: 9 1 y _ C �, �, t ,ram ✓� Telephone Number: Electronic Mail Address: 70Y-av Property Owner / Interested Buyer* yl,-)AsL. y Date The Interested Buyer%Other acknowledges that an agreement andior formal contract to purchase and/or conduct due diligence activities exists between the current property owner and the signatory of this authori_ation in cases where the property is not owned by the signatory. IRTP-..,R-....A�..m9�P•,.,..._ •.s�wngq.•,PT ,•. 9R1..1 d•---,A!•.�y1�w 11CR,•'T,••_!AIAA...--•--R....•..R.-,,,...,A,....y.IM—a._�PnRM..iR.—�O w Charlotte Office: www.wetlands-epg.com Asheville Office: 10612-D Providence Rd. 1070 Tunnel Rd., Bldg. I PMB 550 Suite 10, PMB 283 Charlotte, NC 28277 Asheville, NC 28805 (704)904-2277 len.rindner cgwetlands-epg.com ROY COOPER Governor MICHAEL S. REGAN Secretary TIM BAUMGARTNER Director Brian Pace Pace Development Group 6719-C Fairview Road Charlotte, NC 28210 "N QUAM`1111�/ NORTH CAROLINA Environmental Quality November 2, 2020 Expiration of Acceptance: 5/2/2021 Project: Concord Avenue -Monroe County: Union The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to accept payment for compensatory mitigation for impacts associated with the above referenced project as indicated in the table below. Please note that this decision does not assure that participation in the DMS in - lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will be approved. You must also comply with all other state, federal or local government permits, regulations or authorizations associated with the proposed activity including G.S. § 143-214.11. This acceptance is valid for six months from the date of this letter and is not transferable. If we have not received a copy of the issued 404 Permit/401 Certification within this time frame, this acceptance will expire. It is the applicant's responsibility to send copies of the permits to DMS. Once DMS receives a copy of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the in -lieu fee to be paid by an applicant is calculated based upon the Fee Schedule and policies listed on the DMS website. Based on the information supplied by you in your request to use the DMS, the impacts for which you are requesting compensatory mitigation credit are summarized in the following table. The amount of mitigation required and assigned to DMS for this impact is determined by permitting agencies and may exceed the impact amounts shown below. River Basin Impact Location (8-digit HUC) Impact Type Impact Quantity Yadkin 03040105 Warm Stream 300 Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The mitigation will be performed in accordance with the In -Lieu Fee Program instrument dated July 28, 2010 and 15A NCAC 02B .0295 as applicable. Thank you for your interest in the DMS in -lieu fee mitigation program. If you have any questions or need additional information, please contact Kelly.Williams@ncdenr.gov. cc: Amber Lipsky, agent Sincerely, lkv�dut� FOR James. B Stanfill Asset Management Supervisor NORTH CARo ND_EQ�� oeparlment of Environmental Duali North Carolina Department of Environmental Quality I Division of Mitigation Services 217 W. Jones Street 11652 Mail Service Center I Raleigh, North Carolina 27699-1652 919.707.8976 ►0 Maps/Plans 3 CIE 200 2- — ' O SOF)"y-brook Or Huibor '—� Freight Rpars SITE g u° da p a - s zoo; 0 tj �R 4 i a P• eh a wedd'inw. Rd Sutton Park yV Ftankli�ST Monroe FFa St 1pj BLUE SKY MEADOWS Drawn By FIGURE �A/C: ^ Q( Union Co., INC BLK VICINITY MAP -WATERS OF THE U.S.- EXISTING CONDITIONS STUDY SUBJECT TO USACE/NCDEQ VERIFICATION plyl I, Lake N Reviewed By: ALL DATE: 05/07/20 dn' rr"r .7. . PROJECT BOUNDARY STUDY LIMITS BOUNDARY rf ' I 3 i.4F 4. r WL a 4L F- Th BLUE SKY MEADOWS Union Co., NC Wetlands and Environmental Planning Group Leonard S. Rindner, PILLC. AERIAL MAP -WATERS 01 THE U.S.- Ien.rindner9wetIands-epg.conn EXISTING CONDITIONS STUDY (704) 904-2277 --t-1-1-anarnm SUBJECT TO USACEINCDEQ VERIFICATION Drawn By: Reviewed BLK ALL DATE: 5/07/20 f d dr 6 STEWARTS N L, CREEK it 60 f4 N, L r jj;,� N 24 % I % X -X ■00 r I NP "r f6 lip. r in 4h 1p dw -L Ir PROPERTY BOUINIDARYJ TS STUDY LIMITS A It .0 4b 41 -A J. it llp 7t-- 1). - l6 ', ti ''�'r '14 4f r'� LOCATION h' % % SCALE Lat: 35.0118 2N 1:24,000 Long: -80.5505 2W USGS QUAD ACRES HUC: 03040105 120 Bakers, NC .82 YADKIN PEE DEE BLUE SKY MEADOWS Drawn By: Reviewed By: FIGURE A I F— r% t00% Union Co NC BLK ALL 3 .1 USGS MAP DATE: - WATERS OF THE U.S. - 5/07/20 EXISTING CONDITIONS STUDY SUBJECT TO USACE VERIFICATION elle 1 "r N.. Map Unit Symbol Map Unit Name Acres in AOI Percent of AOI 362 29.7% BaB Badin channery silt loam, 2 to 8 percent slopes 34.3 28.2% BaC Badin channery silt loam, 8 to 15 percent slopes 34.5 28.3% Bd132 Badin channery silty clay loam, 2 to 8 percent slopes, moderately eroded BdC2 Badin channery silty clay loam, 5A 4.4% 8 to 15 percent slopes, moderately eroded ChA Chewacla silt loam, 0 to 2 0.8 0.6% percent slopes, frequently flooded TaB Tarrus gravelly silt loam, 2 to 8 10.5 8.6% percent slopes Ud Udarthents, loamy 0.2 0.2% Totals for Area of Interest 1 122.01 100.0% BLUE SKY MEADOWS Drawn By: Reviewed By: FIGURE r P ( Union Co., NC BLK ALL DATE: NRCS PUBLISHED SOILS MAP -WATERS OF THE U.S.- 5/07/20 EXISTING CONDITIONS STUDY SUBJECT TO NCDEQ VERIFICATION INTERMITTENT STREAM "BS" WETLAND N ±561 LF ±0.20 AC WETLAND ..H.. �WETLAND..K.. 4 I `WETLAND ••G•• \ -0.045 AC llllll� ±0.045 AC �<<� �/ / // / A�\\V� V 1 /���// / �� / -EXISTING GRAVEL ROAD & BRIDGE �)���� ��\\�\� PERENNIAL STREAMCROSSING TO BE REMOVED & 1,367 LF RESTORED. SEE SHEET 11) PERENNIAL STREAM "A' WETLAND"J' ±0.017 AC'Ifl ,INTERMITTENT STREAM "C") 4 U-,�-±451LF 5 "INTERMITTENT STREAM "M1"r-\\�5�-` )_±8 LFJ DEVELOPMENT DATA DEVELOPER INFORMATION: PACE DEVELOPMENT GROUP 6719-C FAIRVIEW ROAD CHARLOTTE. NC 28210 TOTAL AREA: 120.07 PARCEL ID NUMBER: 09-216-042 ZONING: CD (BLUE SKY MEADOWS) WATERSHED: STEWARTS CREEK ±2,904 LF WETLAND ±0.014AC WETLAND 'E" ±0.046 AC _WETLAND "L" ±0.078 AC �� / T z_ i -WETLAND "D" ±0.013 AC GRAPHIC SCALE 500' 0 250' 500' 1000' ( IN FEET) 1 inch = 500 ft. 40. ,. �S tj/, lam% �.. ��� C�� fir i $ �-1 7582 ter. 'it �I . • • ' ice' ���` ��j �►�1 13i 2000' = f LICENSE NO.: F-1407 Co o w CO CO Q w m w H Co Y o Oz U FCO w Co z W w J d 0 CO 0 a a N m O z W O z z Y 0 N U W CD z J I- m ti w of z IL o_ 0 J W W 0 w o_ *PROPOSED ANTI -SEEP COLLAR TO BE INSTALLED AT THE DOWNSTREAM AND UPSTREAM SIDE OF THE WETLAND CROSSINGS. COLLARS SHALL BE INSTALLED PER STATE STANDARDS *REMOVE 6"-12" OF TOP SOIL IN DISTURBED AREA. TOP SOIL TO BE I PLACED ON FABRIC AND REPLACED UPON COMPLETION. TEMPORARY J/ ACCESS AND PERMANENT MAINTAINENCE EASEMENT TO BE RESEEDED PROPOSED SEWER LINE. WITH NATIVE STABILIZATION MIX. TEMP0.2 AC WETLAND IMPACT PROPOSED*, OPEN CU PROPOSED SEWER LINE. �� 5 /NO IMPACT PROPOSED, JACK & BORE' i �® u PROPOSED SEWER LINE. VZNOIMPACT PROPOSED, JACK &BORE J�1j111'l\�.. TOTAL PROPOSED AREA: TOTAL SITE IMPERVIOUS AREA: 120.07 ±45.65 AC (38%) TOTAL LF OF PERENNIAL STREAMS: 4,271 LF TOTAL LF OF INTERMITTENT STREAMS: 1,020 LF TOTAL AREA OF WETLANDS: 0.567 AC 500' EXISTING SEWER LINE Jv PROPOSED SEWER LINE. NO IMPACT PROPOSED, JACK & BORE W(.STR�EAM CROSSING #1 -' PERENNIAL STREAM "A" � ±92 LF OF PERMANENT IMPACT o� PROPOSED SEWER LINE. ✓J/ NO IMPACT PROPOSED, JACK & BOREARO Ox �. 7582 STREAM CROSSING #2 PERENNIAL STREAM "A" ±96 LF OF PERMANENT IMPACT GRAPHIC SCALE 0 250' 500' 1000, ( IN FEET) 1 inch = 500 ft. CARO 2000' = f LICENSE NO.: F-1407 /11111111100 Co o w CO 0 CO Q�w o m Lu Lu H Y o Oz U m H w Q z W Lu J d 0 C 0 U Lu O of 0 N O a w Lu � rn Y rn w w m O O of 0 z IL o_ O Lu W Lu 0 w Q o_ 7 ■ rram�` _ -�� ��_ � r 500' �t GRAPHIC SCALE 0 250' 500' 1000' ( IN FEET) 1 inch = 500 ft. SCM OUTFALL (TYP) ��� fir i - 17582 �4 1',/tr ; �3i *C%\\`\,' /�� 21 \\\1111111/// 2000' = f LICENSE NO.: F-1407 m o W Q CO CO LU o m W H coW Y o OZ U m H Q z W W Lu J 0_ 0 N 0 U Z w 0 of 0 z IL o_ 0 J W W 0 W Q o_ �W RCP Q`B*' 02 i STREAM CROSSING #1 PERENNIAL STREAM ±82 LF OF PERMANENT IMPACT 15" RCP (CLASS 1\0 i BV 0.44 i VV�536.37 B 19 L13W=527./ i / TW=53b.7 N P Bw=7a �TW=536.8 J BW=526.6 TW=537.3 PROPOSED SEWER, NO IMPACTS PROPOSED. W=530.�� // ➢k // 131 1-6 J � / EXISTING TOP OF BANK TW=536.44/ W=526.29 PERENNIAL STREAM "A" CENTERLINE RIP RAP APRON TO BE PLACED AT =5 09 PRE -CONSTRUCTION CONTOURS. 10 =526.21 �LF OF PERMANENT IMPACT Tdv=540.69 TW=545.3 W=526.28 BVV=53:;K2 / p�A;ii;lsi4:lfiill/►� � CB# 05 BW=526.5 — 528- — TW=538.4 i — 341 SUMMARY OF IMPACT STREAM ALONG CULVERT: 82 LF EMBEDDED RIP RAP APRON: 10 LF GRAPHIC SCALE ADDITIONAL LENGTH FOR CONSTRUCTION: 10 LF 40' 0 20' 40' 80' ( IN FEET) 1 inch = 40 ft. Co o w Co 0 Co Lu o m w C w H Y o 0z U FCo 'm w z W Lu J d 0 C 0 U z Lu 0 CFA04i < - $ f ✓l 7582 u a _ �. •' r ifJ�rEi��r •1�,` a a Q z N W Cl) W a CARO� \N y ` �. •.� z sa - - .LICENSE NO.: w a_ C� = F-1407 = Lu :psi, •'•• : ' �� .�� Lu -'So CI Al � IL , 9 0o O Lo - o + ++ o+ + a _° 90 r r PROPOSED ROUND CULVERTS. RETAINING WALLMEN SEE PLANS FOR DETAILS (TYP. DESIGN BY OTHERS) 540 w � m W C W Lu W co STREAM BANK STABILIZATION co m N W H o Y U (SEE SHEET 12 OF 12) � Q co EMENE&EM11111001 W W Lu J z 530 CULVERT BURIED 12 INCHES a_ o Co MEN z TYPICAL ELEVATION - ALUMINIZED CMP CULVERTS MEN (NTS) o [If z MEN Lve Ts MEN 0 1 MEN Aimol ME ob"006P.—WEEMS MEN CF AtCf�r i W Lu -_ - ✓17582 C a _ BASE FLOW CULVERT 'r. �� c .' �'i�J{f} r Ei� o CD z (108" ALUMINIZED CMP) ��``w TO BE BURIED V IN STREAM BED �!<, r' ' `Cn :`' �'`' W M cn 520 y ��s 2� W a 518 •AR�•,j''%, GRAPHIC SCALE a Lu of `.``�o��N r 4' 0 2' 4' 8. ` •• Y 0 (n z 40' 0 20' 40' 80, • LICENSE NO.: W o_ = F-1407 = w w 0+00 1+00 1+15.17 _0+10 ( IN FEET) ���� ••.• \V `�� U VERTICAL: 1 inch = 4 ft. � �0 CIA„; HORIZONTAL: 1 inch = 40 ft. 10 ■■ ■■IIIII!!IILL■J■ ■■1 ■��i�•..���Y?.iT�1 //// PLACED AT:�-\/ =5�5.43 �%� W=555.74 SUMMARY OF IMPACT STREAM ALONG CULVERT: EMBEDDED RIP RAP APRON: ADDITIONAL LENGTH FOR CONSTRUCTION 40' EXISTING TOP OF BANK / -PERENNIAL STREAM "A" CENTERLINE 12 4// 86 LF 10LF 10 LF GRAPHIC SCALE 0 20' 40' 80' ( IN FEET) 1 inch = 40 ft. . i;Slstul 1"ji `L���J''•� ur; of ti� � • • . _ 4 J �+`i ter. 'it �I . • • ' i�''��`` At LICENSE NO.: F-1407 m o w N 0 Lu Q m w m N w H Y O Z o cO > � w O Q m z W Lu J of Q U K d 0 N 0 U Z W 0 K Z 0 Z J N d 04 O Q Z Cn Y V W a W = J a m W 0 W 0� w IL 0 J W W 0 W Q o_ 11 zd 90 w z PROPOSED ROUND CULVERTS. RETAINING WALL MENEMEM SEE PLANS FOR DETAILS (TYP. DESIGN BY OTHERS) 711�< coon o w Co 560 — Co Co 0 u�om w w CoN H Y O STREAM BANK STABILIZATION I--Q Co (SEE SHEET 12 OF 12) w ui W J d 0 � 0 CULVERT BURIED 12 INCHES ENIMEMIMMEMOMMIN TYPICAL ELEVATION - ALUMINIZED CMP CULVERTS o (NTS) [If mom molowlsomm Rom 0 'ZED Cmp `L♦���''ur��\ (wit//jt�ji,': CULVERTS40. '� ASS/t r� �T �% Lu 5510 011086L1,1-021% OEM, CF At ✓17582 _ a 1 �} ♦ N BASE FLOW CULVERT Cn v (108" ALUMINIZED CMP) ((( ( ? Q TO BE BURIED V IN STREAM BED niuUtt .``��� N CAR �'''�. °° a o GRAPHIC SCALE `.``o��. °��Lu of m biam- a 543 4' 0 2' 4' 8. ` •• (q Z ao' o zo' ao' 80Lu • LICENSE NO.: F-1407 = w w ( IN FEET) %�S�••'• ' • �c'.��ui -0+10 0+00 1+00 1+16.23 VERTICAL: 1 inch = 4 ft. HORIZONTAL: 1 inch = 40 ft. 12 f f I EXISTING TOP OF BANK RIP RAP APRON TO BE PLACED AT h PRE -CONSTRUCTION CONTOURS. 10 Ln� LF OF PERMANENT IMPACT --PERENNIAL STREAM STREAM CROSSING #3 / / � ji -" B" CENTERLINE PERENNIAL STREAM " B" i OF PERMANENT IMPACT SINGLEPIPE PE HEADWALL. — -NCDOT STD. 838.80 / d SINGLE PIPE HEADWALL. / NCDOTSTD. 838.80 SUMMARY OF IMPACT STREAM ALONG CULVERT: 67 LF EMBEDDED RIP RAP APRON: 10 LF GRAPHIC SCALE ADDITIONAL LENGTH FOR CONSTRUCTION: 8 LF 40' o 20' 40' 80' ( IN FEET) 1 inch = 40 ft. m o w Q m N 0 Lu o m w C w H Y o OZ U F 'm w Q z W w J of d 0 W 0 U Z w O K 0 z J N d M O Q cc Cn 0 Y V N W c J Q d m W 0 W N 0� w IL 0 J W W 0 W IL c c LO - o 90 C w z 12" TALL, 6" THICK CONCRETE 580 SILL W/ #4 REBAR @ 12" ON CENTER (MIN. PSI SIDE FOR CONCRETE). SEEEE SIDE DETAILS 12" o W m w N ELEVATION C lu o w cow o H Oz Y U — — o Q m z W Of w LLJ J 0 ,��ER o co o 570 -12 - z Lu DRILL AND EPDXY W/ HILTI 0 Of SIDE RE500 (OR EQUIVALENT) 3" o INTO FOOTING. .11 wo. ur��\(wit//jt�ji,':LU oil- .1 BENI �■., i -i ✓1 %582 - a Elio Zulus mmomi-. C p .� 1 C9 N 560 moommommsm `RIP w m m RAP APRON TO `����}}}ii►Uttii BE PLACED AT ���� N CAR '�i� OC'v'i�i m Q o PRE -CONSTRUCTION GRAPHIC SCALE w Of 0 affiffimamm ``�`�Q��. CONTOURS a o 2 a 8. •. ~ ~ N z moommom557 40' 0 20' 40' 80, = ' LICENSE NO.: LU � F-1407 w ( IN FEET) %�S�••'• ' • �c'.�� w Uj ..... VERTICAL: 1 inch = 4 ft. ''�;� �0 CIA„; HORIZONTAL: 1 inch = 40 ft. 14 z V A A _jCo Lu / \ li i i CO CO 1 / WETLAND EXTENTS (TYP) I- - TH o INSTALL SUBSURFACE DRAIN \ m Q Co 3 i /� / i i— PTO MAINTAIN HYDROLOGY I o o z pm �, _ �\ FCO Co Lu Lu Lu E Q 0 Q Co o WETLAND "L" I I 84 \ 3,392 SF (0.078 ACRES) TOTAL PERMANENT IMPACT vft0�'t�;.� \ 601 SF (0.014 AC SCM DISTURBANCE) �� • " " ' '% 21791 SF (0.064 ACRES ROADIDEVELOPMENT DISTURBANCE) � r-- • ��' �-�,. .-''T �� A -17582 Zz 0 c� Lu l21 L z CARLu m L of GRAPHIC SCALE °�''••• ••� - w 50 0 zs 50 100 zoa = •LICENSE NO.: 0 F-1407 = C� w w Lu ( IN FEET)qSSo •••.....••• 1 inch = 50 ft. ,, i1C111110 15 EXISTING SINGLE FAMILY HOME (TO BE REMOVED) / CENTERLINE OF INTERMITTENT, � \ STREAM " BS" j EXISTING GRAVEL DRIVE (TO BE REMOVED) EXISTING ACCESSORY /STRUCTURE (TO BE REMOVED) i EXISTING BRIDGE WITH WOOD — �— �� DECKING OVER STEEL p,A;lsIim,-tJ ft/► . / / V SUPPORTS ( TO BE REMOVED) STREAM BANKS TO BE REBUILTISTABILIZED ONCE'/ i BRIDGE IS REMOVED — �!�� CF4iA CENTERLINE OF PERENNIAL d i i� — — ��������. " �� r ✓ (%s`'3 — STREAM "A"�-- GRAPHIC SCALE 's°�' ••�" 50' 0 25' 50' 100, 200' = LICENSE NO.: F-1407 = ( IN FEET) -'So ..... •• S �;�`�� 1 inch = 50 ft. iioC,IA�\`\���` Co o w CO CO Lu o C w H Cow Y o 0Z U CO H w z W w J d 0 C 0 16 U Z w 0 of z 0 0 of CD a_ 0 w w 0 w Q o_ NOTES FOR STREAM BANK STABILIZATION o zmLL o 1. UPON COMPLETION OF STREAM CROSSING WORK, CONTRACTOR SHALL BACKFILL 1. LIVE STAKE SHALL BE APPROXIMATELY 24" IN a U - z AND MECHANICALLY TAMP (NO SPECIFIC DENSITY) SOILS INTO PLACE AND DRESS LENGTH 2. DISTURBED SURFACES. BEGINNING AT A POINT 2' ABOVE WATER SURFACE ELEVATION, GRASS DISTURBED 2. LIVE STAKES SHALL BE 0.5"-1.5" IN DIAMETER =04 AT THE TIME OF PLANTING AREAS (SEED, FERTILIZER& STRAW MULCH) STREAM BANK, TOP OF BANK AND DISTURBED AREAS UPLAND OF STREAM. 3. LIVE STAKES SHALL BE BLACK WILLOW OR coon 3. INSTALL COIR FIBER NET/MAT STARTING MINIMUM 12" BELOW WATER SURFACE SPECIES SPECIFIED BY LCNR/NCDEQ OR CONSULTANT ELEVATION AND EXTENDING A MINIMUM 5' BEYOND TOP OF BANK. MIN. 4. SPECIES SHALL BE DORMANT AT THE TIME OF SPECIFICATIONS FOR COIR FIBER NET/MAT AS FOLLOWS: 24"t ACQUISITION AND PLANTING AND LOCALLY MIN. THICKNESS OF 0.30 INCHES GROWN/HARVESTED 100% COCONUT FIBER AND WOVEN INTO TWINE 5. LIVE STAKES SHALL BE SPACED 3' O.C. AVG. WEIGHT OF 20 OZ/SQ. YD. 6. LIVE STAKES SHALL BE PLANTED A MINIMUM OF 4. COIR FIBER NET/MAT SHALL BE SECURELY HELD IN PLACE WITH USE OF WOODEN 18" IN DEPTH WITH NO MORE THAN 4"-6" OF o 0 STAKED AND WIRE STAPLES (AS NEEDED) STAKE EXPOSED 5. INSTALL LIVE STAKES BEGINNING AT WATER SURFACE ELEVATION AND EXTENDING co coco 2 VERTICAL FEET UP THE STREAM BANK. SEE LIVE STAKE DETAIL FOR ADDITIONAL CD REQUIREMENTS. LIVE STAKE DETAIL w m 6. INSTALL SILT FENCE W/ WIRE REINFORCEMENT ALONG TOP OF BANK (ADJACENT m o L Y TO END OF COIR FIBER NET/MAT) FOR A WIDTH OF DISTURBED SOILS. z EXTEND COIR FIBER MAT o cn > 5' BEYOND TOP OF BANK Luw Q of a_ o W o U Z Lu O K 0 COIR FIBER NET/MAT t U rfili: <,��`.,F GRASS SEED, MULCH, FERTILIZE III III �c���• .,� • . ` �l' i ` ✓ REMAINING DISTURBED STREAM I- {',� BANK AREAS INCLUDING TOPS OF INSTALL SILT FENCE _ i}A,.i' ;•L�= i BANK (UNDER COIR NET/MAT) REINFORCED WITH HOG WIRE AT TOP OF BANK i r, a ti Ja LIVE STAKE (WILLOWS OR _ (EDGE OF COIR FIBER =, 0 SPECIES APPROVED BY - NET/MAT ;.k'•' •` o Q LCNR/NCDEQ) FOR FIRST 24" -� • • .. • • .tom. ` r i } LuABOVE NORMAL WATER i�llhli 'ifi�SS ,•t1�'' SURFACE ELEVATION 24"t j y o w z J WATER SURFACE ELEVATION \lllllll/ CAR J Luo LARGE ROCK (SHOT OR -, o<�.••• ••��/� 12"t •••. CD IMPORT) MAY BE USED TO �:• 9 z REFORM STREAM BANK _ _ LICENSE NO.: Lu (STACKED). 18" OF SOIL SHALL _ _ F-1407Lu o _ COVER STREAM SIDE FACE OF = ROCK STACK. (USE OF ROCK •• Lu TO ANCHOR BANK IS ��� J� ••.,••• •, C� `�� Lu EXTEND COIR FIBER NET/MAT 12" OPTIONAL) i�*,i///' BELOW WATER SURFACE ELEVATION so iIAl ,'7 O .4—j c� .E v v we jurisdictional Determination Information / *** NCDEQ VERIFICATION 9/3/19 & 10/2/19 *** *** USACE VERIFICATION 1/16/20 *** } - WETLAND K PERENNIAL i > STREAM B 0.045 ac C) WETLAND H 1,367 If -0.109 ac s ;. STREAM BS WETLAND N h -561 If 9 -0.2 ac tiIF 6 e WETLAND G -0.045 ac 2 CULVERT INTERMITTENT } STREAM C USACE i ! -451If WETLAN USACE 8 D FORM F UPLAND DP1 PROJECT BOUNDARY NCDEQ STREAM STUDY LIMITS INTERMITTENT FORM C r 1 S STREAM M -8 If � O 5 WETLAND J JP 4 -0.017 ac 4 WETLAND F -0.014 ac I -}' 1 NCDEQ i STREAM LEGEND WETLAND L FORM A -0.078 ac ❑ Project boundary study limits PERENNIAL # V Stream WETLAND D WETLAND E N STREAM AJ © Wetland 0.013 ac -0.046 ac I-2,9041f �,�, Landscape pho#oldirection LLLLLL._ _ FIGURE BLUE SKY MEADOWS Drawn By: Reviewed By: 18 Union Co., NC NRN LSR - DELINEATION MAP DATE: • -WATERS OF THE U.S: 6/21/19 r EXISTING CONDITIONS STUDY Updated 10/2/19 • �: SUBJECT TO USA CEINCDEQ VERIFICATION ' r ;. { ' + x ' ;,��i-�� - < � {'� � = ���'•' I '� �' `fir I j '"=� � "1 . J. � �. • _ ., �- �i'a� �, . �` �� ��- �' 13p:\ ' ' 11. •fit. + 1/! ..Ur i •�y Qw��y�� _ s.•. Jw 7 R+►+` - - � _ � �. � � � .�.. _ � � - � �' •Yi is %/ 44 ;�, ash _ 'L� _y* � � � + <, - ` � �( I' / • � t� tip„ �3'� ��.,,•y¢_; -�-r i II 7. s Vol AIL r n rr� t yam, c '.-• - s -� s ,- _I�. y YC 4 '•-R I ,�;t �y� .11if�� ifs `'�� • i!Tom, a.� '."�. - � � � ` � � I �.+{ T 1 � Eel.""• ! .f+ - [ � KKCC �. t A�v�''i�,t!��w �` �`•+� �� .y � _ 1-i•r.yYti 'ava'�`�9�.� ���'.`i c..-. � IPP -24-1, 10 '� r. -'� 1 _ r �tn� 4 � y ���ar' -ice ��hs • w�� � r, _ of c�• �� � ,,,� �� fir, j`. •.f ..Sr,•,�' IF 4V' J, OA r I� a WETLAND N - PHOTO 9 Blue Sky Meadows Union Co., NC-1/11/21 Wetlands and Environmental Planning Group Leonard S_ Rindner. PLLC. a- J i O Q v oC 22 Threatened & Endangered Species Report Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. Threatened / Endangered / Protected Species Evaluation Charlotte Office: 10612-D Providence Rd. PMB 550 Charlotte, NC 28277 (704) 904-2277 I en. ri nd ner@wet Ian ds -epg. co m For: Blue Sky Meadows Union County, North Carolina By: Lisa R. Gaffney September 24, 2018 www.wetiands-epg.co m Ashesrile Office: 1070 Tunnel Rd., Bldg. I Suite 10, PMB 283 Asheville, NC 28805 Blue Sky Meadows -Threatened /Endangered / Protected Species Evaluation GENERAL LANDSCAPE DESCRIPTION: The Blue Sky Meadows site is +/-120.07 acres located just west of Concord Avenue, and just north of Hillsdale Drive in Monroe, Union County, North Carolina. It can be found on the Bakers USGS Topographic Quadrangle Map; latitude is 35.0118 N, longitude is-80.5505 W. The site consists of expansive woodlots that have been timbered and are in early succession; old logging roads; creek corridors with narrow buffers; large crop fields; a private home site with lawn and landscaping; small outbuildings; and a gravel driveway. The topography is moderately sloped with the elevation ranging from 550 to 620 ft. (Figure 1). Figure 1: 'l� -- l l CREEK 11 8M24 f 00 Hi rI;•'�_ '�c r • • _ A" 4G a � 1 = •-'• Y' • PRO PERTV H011 Na ' •• 1r -� ' . STUDY UM[TS i �Y • '� +► '�'' J LOCATION k " •.l L'- �! SCALE Lat: 35.0119 PIN 1:24,000 Long: -90,5505°W N _ USGS gUAD ACRES HUC:03040105 yyY Bakers, NC 120.07 YAUNINPEE DEE �— FIG URE NO- BIUe Sky M@adOWS Drawn By: Reviewed E3y: V niDn CO., NC NRN ESR USGS MAP DATEWAT: STING ONDIS OF THE SS. - g)13118 E x15TING CON � I71 ON5 SiU DY SUBJECT TO US4CE VER1f7L4 TM Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. Blue Sky Meadows - Threatened/ Endangered / Protected Species Evaluation METHODOLOGY: The US Fish and Wildlife Service website http://www.fws.gov/raleigh/species/cntylist/union.html was referenced to determine the occurrence of Threatened, Endangered and Protected species for Union County North Carolina, the results of which are listed below (Table 1). Maps and aerial photographs were assembled, and the site was investigated during the week of September 17, 2018. Table 1: Threatened / Endangered / Protected Species listed for Union County County: Union, NC *Source: US Fish & Wildlife Service **Data search on September 17, 2018 Group Name Status Lead Office Clams Carolina heelsplitter Endangered Asheville (Lasmigona Ecological decorata) Services Field Office Flowering Schweinitz's Endangered Asheville Plants sunflower Ecological (Helianthus Services Field schweinitzii) Office Flowering Michaux's sumac Endangered Raleigh Plants (Rhus michauxii) Ecological Services Field Office Birds Bald Eagle Protected under the Great Lakes- (Haliaeetus Bald and Golden Big Rivers leucoce,nhalus) Eagle Protection Act Region (Region 3) Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. Blue Sky Meadows- Threatened / Endangered / Protected Species Evaluation Two plant species with federal protection are listed as potentially occurring in Union County: • Schweinitz's Sunflower (Helianthus schweinitzii), listed as Federally Endangered, is typically found in open habitats which historically have been maintained by wildfires and grazing bison and elk herds. Now most occurrences are limited to roadsides, woodland and field edges, and utility rights -of -way (ROW). • Michaux's Sumac (Rhus michauxii), listed as Federally Endangered, requires habitat of sandy forests and woodland edges. This species requires periodic fire as a part of its ecology. Two animal species with federal protection are listed as potentially occurring in Union County: • Bald Eagle (Haliaeetus leucocephalus), protected by the Bald and Golden Eagle Protection Act, typically inhabits forested areas near large bodies of open water such as lakes, marshes, seacoasts and rivers, where there are suitable fish populations and tall trees for nesting and roosting. • Carolina Heelsplitter (Lasmigona decorata), listed as Federally Endangered, is restricted to cool, clean, well -oxygenated water. Stable, silt- free stream beds are required for this species. Typically stable areas occur where the stream banks are well -vegetated with trees and shrubs. RESULTS: The site consists of expansive woodlots that have been timbered and are in early succession; old logging roads; creek corridors with narrow buffers; large crop fields; and a private home site with lawn and landscaping, small outbuildings, and a gravel driveway. The timbered area is highly disturbed and is covered with old logging roads, debris piles and stump sprouts, with extensive bramble thickets dominated by Blackberry (Rubus sp.), Carolina Rose (Rosa caroling), Chinese Privet (Ligustrum sinense), and Winged Sumac (Rhus copallina). Sapling trees are filling in, dominated by Sweetgum (Liquidambar styracif/ua), Yellow Poplar (Liriodendron tulipifera), White Oak (Quercus alba), Post Oak (Q. stellata), Virginia Pine (Pinus virginiana), Shortleaf Pine (P. echinata), Black Cherry (Prunus serotina), Eastern Red Cedar (Juniperus virginiana), and Black Gum (Nyssa sylvatica). WEPG 4 Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. Blue Sky Meadows - Threatened/ Endange7Y'd / Pt-otected Species Evaluation Trees present on the narrow stream buffers include Red Oak (Q. rubra), Southern Red Oak (Q. fa/cata), Willow Oak (Q. phellos), Mockernut Hickory (Carya tomentosa), Shagbark Hickory (C. ovata), Hackberry (Ce/tis /aevigata), American Elm (U/mus americans), and White Ash (Fraxinus americans). There are several large, open crop fields. At the time of the site investigation they were planted in soy beans. The roadside and transitional fringe along the edges of the woods and fields are dominated by common and weedy species including Johnson grass (Sorghum halepense), Sericea Lespedeza (Lespedeza cuneata), Sourgrass (Rumex acetosella), Cocklebur (Xanthium strumarium), Ragwort (Packera sp.), Ragweed (Ambrosia sp.), Wingstem (Verbesina alternifolia), Goldenrod (Solidago sp.), and Dogfennel (Eupatorium capillifolium). Threatened & Endangered/Protected Species Results All potential habitats for Schweinitiz's Sunflower and Michaux's Sumac along the wood lines, roadside and field edges were closely examined. No individuals of Schweinitz's Sunflower or Michaux's Sumac were observed. • There is no Bald Eagle habitat on site, and no eagles or eagle's nests were observed. There is no suitable habitat on site for Carolina Heelsplitter. No mussels were observed during the survey nor would any be expected on -site. RECOMMENDATIONS: Based on the site investigation and the review of available data, WEPG did not identify any protected species occurring on the subject property. No further investigation of the presence of protected species on this site is recommended at this time. Respectfully submitted, L., # 1*e�l Lisa R. Gaffney Biologist September 24, 2018 Wetlands and Environmental Planning Group Blue Sky Meadows - Threatened/ Endangered / Protected Species Evaluation Curriculum Vitae for: Lisa R. Gaffney Biologist / Botanist B.S. Biology, University of North Carolina at Charlotte Ms. Gaffney is a classically trained botanist and natural resource biologist, and has conducted field work and investigative studies covering thousands of cumulative acres in both North and South Carolina since 1996, including: • Cabarrus County NC Natural Heritage Inventory 1997-1998. Organized, directed, and worked in field survey of natural areas in Cabarrus County for the North Carolina Natural Heritage Program. • Lincoln County NC Natural Heritage Inventory 2000-2001. Organized, directed, and worked in field survey of natural areas in Lincoln County for the North Carolina Natural Heritage Program. • Threatened and Endangered Species Surveys and Natural Communities Evaluation for over 45,000 acres in North and South Carolina, 1996 - present. • Located and identified at least six previously unreported populations of Federally Endangered Schweinitz's Sunflower (Helianthus schweinitzii). • Located and identified four previously unreported populations of Threatened Dwarf Heartleaf (Hexastylis nanif/ora). • Located a previously unknown population of Federally Endangered Schweinitz's Sunflower at Redlair Farm in Gaston County, NC. This discovery led (in part) to the purchase of the site by the State of North Carolina Plant Conservation Program, now called Redlair Preserve. This population has become a Recovery Site for the species. Participated in numerous Piedmont Prairie restoration projects in Mecklenburg, Union, Cabarrus and Gaston Counties, North Carolina. 6 Wetlands and Environmental Planning Group EN Approvals / Authorizations U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2019-02211 County: Union U.S.G.S. Quad: NC- Bakers NOTIFICATION OF JURISDICTIONAL DETERMINATION Requestor: Pace Development Group Brian Pace Address: 6719-C Fairview Road Charlotte, NC 28210 Telephone Number: 704-365-1208 E-mail: bpace(a)pacedevelop.com Size (acres) 120.1 Nearest Town Monroe Nearest Waterway Stewarts Creek River Basin Upper Pee Dee USGS HUC 03040105 Coordinates Latitude: 35.0118 Longitude:-80.5505 Location description: The review area is located on the east side of Secrest Short Cut Road; approximately 4 miles southeast of the intersection of Secrest Short Cut Road and N. Rocky River Road. PIN: 09216042. Reference review area description shown in Jurisdictional Determination Request package entitled "Figure 1, Vicinity Mad' and Printed Date of 08/14/2018. Indicate Which of the Following APP A. Preliminary Determination ® There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The waters, including wetlands have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. The approximate boundaries of these waters are shown on the enclosed delineation map dated 10/2/2019. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. ❑ There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the waters, including wetlands have not been properly delineated, this preliminary jurisdiction determination may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an effective presumption of CWA/RHA jurisdiction over all of the waters, including wetlands at the project area, which is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters, including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. B. Approved Determination ❑ There are Navigable Waters of the United States within the above described project area/property subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ There are waters, including wetlandson the above described project area/property subject to the permit requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ We recommend you have the waters, including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. SAW-2019-02211 ❑ The waters, including wetlands on your project area/property have been delineated and the delineation has been verified by the Corps. The approximate boundaries of these waters are shown on the enclosed delineation map dated DATE. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. ❑ The waters, including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below onDATE. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ There are no waters of the U.S., to include wetlands, present on the above described project area/property which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in Morehead City, NC, at (252) 808-2808 to determine their requirements. Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or placement of structures, or work within navigable waters of the United States without a Department of the Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Bryan Roden -Reynolds at 704-510-1440 or b rvan.roden-reynolds(a,u sace.army.mil. C. Basis For Determination: Basis For Determination: See the preliminary jurisdictional determination form dated 01/17/2020. D. Remarks: None. E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Phillip Shannin, Review Officer 60 Forsyth Street SW, Room 1OM15 Atlanta, Georgia 30303-8801 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by Not applicable. **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.** RODEN Corps Regulatory Official: REYNOLDS.BRYAN.KENNETH.1263385574 Date of JD: 01/17/2020 Expiration Date of JD: Not applicable Digitally signed by RODEN REYNOLDS.BRYAN.KENNETH.1263385574 Date:2020.01.1708:17:13 05'00' SAW-2019-02211 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0 Copy furnished: Agent: Wetlands and Environmental Planning Group Daniel Kuefler Address: 10612-D Providence Road, PMB 550 Charlotte, NC 28277 Telephone Number: 336-554-2728 E-mail: daniel.kuefler(a),wetlands-epg.com