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HomeMy WebLinkAbout20201776 Ver 1_ePCN Application_20210128DWR mrlslon of Water Resources Pre -Construction Notification (PCN) Form October 26, 2020 Ver 3.3 Initial Review Has this project met the requirements for acceptance in to the review process?* r Yes r No Is this project a public transportation project?* C Yes r No Change only if needed. BIMS # Assigned 20201776 Is a payment required for this project?* r No payment required r Fee received r Fee needed - send electronic notification Reviewing Office * Mooresville Regional Office - (704) 663-1699 Information for Initial Review 1a. Name of project: Sam Furr Senior Apartments 1a. Who is the Primary Contact?* Daniel Kuefler 1b. Primary Contact Email:* dkuefler@vvetiands-epg.com Date Submitted 1 /28/2021 Nearest Body of Water McDm%ell Creek Basin Catawba Water Classification WS-IV Site Coordinates Latitude: 35.4451 Pre -Filing Meeting Information ID# 20201776 Pre -fling Meeting or Request Date* 11 /18/2020 Longitude: -80.8844 Attach documentation of Pre -Filing Meeting Request here:* Pre -File Notice _duplicate.pdf Version#* 1 What amout is owed?* IT $240.00 r $570.00 Select Project Reviewer* Alan Johnson:eads\adjohnson1 1c. Primary Contact Phone:* (336)554-2728 Version 1 41.89KB A. Processing Information C^U County (or Counties) where the project is located: Mecklenburg Is this a NCDMS Project r Yes r No Is this project a public transportation project?* r Yes r No la. Type(s) of approval sought from the Corps: * Section 404 Permit (wetlands, streams and waters, Clean Water Act) r Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) Has this PCN previously been submitted?* r Yes r No 1b. What type(s) of permit(s) do you wish to seek authorization? W Nationwide Permit (NWP) r Regional General Permit (RGP) r Standard (IP) 1c. Has the NWP or GP number been verified by the Corps? r Yes r No Nationwide Permit (NWP) Number: NWP Numbers (for multiple NWPS): 1d. Type(s) of approval sought from the DWR: W 401 Water Quality Certification - Regular r Non-404 Jurisdictional General Permit r Individual Permit 29 - Residential Developments le. Is this notification solely for the record because written approval is not required? For the record only for DWR401 Certification: For the record only for Corps Permit: r 401 Water Quality Certification - E)press r Riparian Buffer Authorization 1f. Is this an after -the -fact permit application?* r Yes r No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? r Yes r No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? r Yes r No Acceptance Letter Attachment 1h. Is the project located in any of NC's twenty coastal counties? r Yes r No 1j. Is the project located in a designated trout watershed? r Yes r No B. Applicant Information 1d. Who is applying for the permit? W Owner r Applicant (other than owner) le. Is there an Agent/Consultant for this project?* r Yes r No 2. Owner Information 2a. Name(s) on recorded deed: South Creek Construction, LLC 2b. Deed book and page no.: Construction, LLC 35294-689 2c. Responsible party: Jake Palillo 2d.Address * r Yes r No r Yes r No Street Address 18611 Starcreek Drive Address tine 2 City Cornelius Postal / Zip Code 28031 2e. Telephone Number: (704)363-7902 2g. Email Address:* daniel. kuefler@wetlands-epg.com 4. Agent/Consultant (if applicable) 4a. Name: Daniel Kuefler 4b. Business Name: Wetlands and Environmental Planning Group 4c.Address Street Address 10612-D Providence Road, PMB 550 Address tine 2 City Charlotte Postal / Zip Code 28277 4d. Telephone Number: (336)554-2728 4f. Email Address:* daniel.kuefier@vvetlands-epg.com Agent Authorization Letter* Agent Auth _duplicate.pdf State / Rwince / Ifgion NC Country USA 2f. Fax Number: Slate / Rwince / Region NC Country USA 4e. Fax Number: 150.59KB C. Project Information and Prior Project History C^U 1. Project Information 1b. Subdivision name: (d appropriate) 1c. Nearest municipality/ town: Huntersville 2. Pro Project Identification 2a. Property Identification Number: 2b. Property size: 00537401, 00506120B 2.4 2c. Project Address Street Address NE of the intersection of Sam Furr Road and Sedgebrook Lane Address tine 2 City State / PrWnce / Region Huntersville NC Postal / Zip Code Country USA 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* McDowell Creek 3b. Water Resources Classification of nearest receiving water:* WS-Iv 3c. What river basin(s) is your project located in?* Catawba 3d. Please provide the 12-digit HUC in which the project is located. 030501011401 4. Project Description and History 4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application:* The site is located just north of Sam Furr Road, and just east of Sedgebrook Lane in Huntersville, North Carolina. The topography consists of gentle slopes, with the elevation ranging from 710 to 740 ft. The site is covered with disturbed, young mixed pines and hardwoods and includes a small section of landscaped walking trail, strip buffer, and underground pipeline right-of-way. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?* r Yes r No r Unknown 4d. Attach an 8 1/2 X 11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site. (for DWR) usgs_duplicate.pdf 228.01 KB 4e. Attach an 8 1/2 X 11 excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. (for DWR) soils_duplicate.pdf 443.07KB 4f. List the total estimated acreage of all existing wetlands on the property: 0.1 4g. List the total estimated linear feet of all existing streams on the property: 0 4h. Explain the purpose of the proposed project:* The project consists of a utility installation to support a residential development. 41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* Grading and clearing of the site will utilize typical mechanized tools & equipment - dump trucks track hoe, etc. 4j. Please upload project drawings for the proposed project. plans _duplicate.pdf 648.86KB 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* r Yes r No r Unknown Comments: 5b. If the Corps made a jurisdictional determination, what type of determination was made?* r Preliminary f Approved r Not Verified r Unknown r N/A Corps AID Number: 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Nic Nelson Agency/Consultant Company: WEPG Other: 5d1. Jurisdictional determination upload Delineation _Duplicate.pdf 279.4KB 6. Future Project Plans 6a. Is this a phased project?* r Yes r No Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity? No. D. Proposed Impacts Inventory 1. Impacts Summary la. Where are the impacts associated with your project? (check all that apply): W Wetlands r Streams -tributaries r Buffers r Open Waters r Pond Construction 2. Wetland Impacts 2a. Site #* (?) 2a1 Reason (?) 2b. Impact type * (?) 2c. Type of W.* 2d. W. name * 2e. Forested * 2f. Type of 2g. Impact Jurisdicition*(?) area* t 1 Sewerline T Bottomland Hardwood Forest Wetland A Yes Corps 0.009 (acres) 2g. Total Temporary Wetland Impact 0.009 2g. Total Wetland Impact 0.009 2h. Comments: E. Impact Justification and Mitigation 1. Avoidance and Minimization 2g. Total Permanent Wetland Impact 0.000 la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: mpacts associated with the proposed development were limited through site selection, design, and location/orientation of the proposed lots and access routes. The applicant has demonstrated avoidance and minimization efforts by avoiding --96 % of onsite streams and all wetlands. The proposed sewer alignment and associated temporary impacts are required due to the shallow depth of the utility installation and close probmity to epsting infrastructure. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Construction techniques will implement approved erosion control methods to avoid/minimize impacts to onsite/adjacent offsite receiving conveyances. Anti -see pco I la rswil I be i nsta I ledtostatestan da rdsa ndte mpo ra ryimpactswi I I berestored byreplaci ng6-12 i n chesoftopsoilan dreseed in gwith n ativesta bil izatio n mix 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? r Yes r No 2b. If this project DOES NOT require Compensatory Mitigation, explain why: F. Stormwater Management and Diffuse Flow Plan (required by DWR) 1. Diffuse Flow Plan la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? r Yes r No If no, explain why: 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?* r Yes r No 2b. Does this project meet the requirements for low density projects as defined in 15ANCAC 02H .1003(2)? r Yes r No 2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater program? r Yes r No r N/A - project disturbs < 1 acre 2d. Which of the following stormwater management program(s) apply: W Local Government r State Local Government Stormwater Programs W Phase II r NSW r USMP f Water Supply Please identify which local government stormwater program you are using. Town of Huntersville Comments: Storm water on the site will be handled by facilities shown on the attached plans. The stornmater plan has not yet been submitted to the Town of Huntersville will be designed to meet their criteria. G. Supplementary Information U 1. Environmental Documentation 1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?* r Yes r No 2. Violations (DWR Requirement) 2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15A NCAC 2B .0200)? * r Yes r No 3. Cumulative Impacts (DWR Requirement) 3a. Will this project result in additional development, which could impact nearby downstream water quality?* r Yes r No 3b. If you answered "no," provide a short narrative description. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* r Yes r Nor N/A 4b. Describe, in detail, the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated at a treatment plant, list the capacity available at that plant. Wastewater generated on the site will be transported to the nearest treatment facility via sewer lines. 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or habitat?* r Yes r No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* r Yes r No 5d. Is another Federal agency involved?* r Yes r No r Unknown 5e. Is this a DOT project located within Division's 1-8? r Yes r No 5f. Will you cut any trees in order to conduct the work in waters of the U.S.? r Yes r No 5g. Does this project involve bridge maintenance or removal? r Yes r No 5h. Does this project involve the construction/installation of a wind turbine(s)?* r Yes r No 5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.? r Yes r No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? A threatened and endangered species assessment was conducted in which no species were identified. Habitat may occur for the Northern long-eared bat but the project is except as described in the attached T&E report. Consultation Documentation Upload Sam Furr Senior Apts T&E_duplicate.pdf 775.01 KB 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?* r Yes r No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?* No essential fish habitat in this region 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?* r Yes r No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* SHPO's website: https:Hnc.maps.arogis.com/ 7c. Historic or Prehistoric Information Upload 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain?" r Yes r No 8c. What source(s) did you use to make the floodplain determination?" hftps://polaris3g.mecklenburgcountync.gov Miscellaneous Comments A compiled PCN packet is attached, including cover letter, forms, maps, photos, authorizations and other supporting documentation. Miscellaneous attachments not previously requested. Sam Furr Sr Apts PCN 012221 _compiled.pdf 4.39MB Signature F7 By checking the box and signing below, I certify that: u • The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief; and • The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. I have given true, accurate, and complete information on this form; • I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); • I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); • I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND • I intend to electronically sign and submit the PCN form. Full Name: Daniel Kuefler Signature Date 1 /28/2021 VE� �- .-,---� Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. A14ent 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 oi- legally authorized to conduct due diligence activities On the property as identified below, CIO hereby authorize associates Of Leonard S. Rindner, PLLC, Wetlands and Environmental Planning Group (`VEPG) to act On my behalf and take all actions necessary for the processing, issuance, and acceptance Of applicable permit(s) and/Or certitication(S). Project/Site Name: Sant Furr Road Senior Apartments Property Address: Saar Furr Road, Huntetsville, NC Parcel Identification Number (PIN): 00'37401, 00506120E Select one: l any other Name: Jake Palillo Company: South Creel: Construction, LLC Mailing Address: 18611 Starcreek Drive, Cornelius, NC Telephone Number : (704)363-7902 Electronic IMail Address: jpalillo r(aol.com Propertj} Oir/ Brovr* / Qt/.. (I L3I2d2U Date The l)itei-este(IBit)'er/Other «cknoirle((,,,ec thud (ill tigreTm nl unclior conditet dice diligence activities exists between the the signata_r of this uurthor¢«timl ill cases inhere the propert�V is irnt owned by the sigwlta1'. 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 utl� tit' Llub u - CORP F3UY��;� umping tatiQn w LOCATION Lat: 35.4451 N Long:-80.8844 W HUC: 03050101 UPPER CATAWBA Acres: +/- 2.42 FIGURE 3 9115120 • Y �I It PROJECT BOUNDARY • STUDY LIMITS • � `iil 2145 MCDOWELL CREEK �r I USGS QUAD ICO; Lake Norman South,NC 1993 SAM FURR RD SENIOR APARTMENTS Prepared for: Mecklenburg Co., NC South Creek Construction USGS MAP Drawn By: Reviewed By: Subject to USACE/NCDEQ verification BLK DCK 'i N wl�s r �r CA( r I PROJECT BOUNDARY �M— STUDY LIMITS v er 1'Q 21 MU . +Le02 CD End - - � � oll cc Map Unit Map Unit Name Acres t pe rcen in a cen Symbol AOI CeD2 Cecil sandy clay 2.3 96.3% loam, 8 to 15 percent slopes, moderately eroded EnD Enon sandy loam, 8 0.1 3.7% to 15 percent .��� T �. C r''�♦ slopes Totals for Area of 2.4 100.00/6 ti NRCS Soil Survey Manuscript N Interest Mecklenburg County 1980 I Acres: SAM FURR RD SENIOR APARTMENTS Prepared for: +/- 2.42 Mecklenburg Co., NC South Creek Construction FIGURE 4 SOIL SURVEY MANUSCRIPT MAP Drawn By: Reviewed By: 9/15/20 Subject to USACE/NCDEQ verification BLK DCK t / EXIST. 72" RCP EXIST. SANITARY SEWER MANHOLE / \ EXIST. 60" RCP L� err nwr 2 005-00-20 EXIST. WETLAND A // ? I� �399±SF, 0.009AC EXIST. PROPERTY < < EXI� / \\t L �% i % �i� = - -'�°,E - - BOUNDARY �- �-�./ice 'BOB C / I 005-s74-oz \ \\llll �11111 / SCALE: 1 =80 rrL 4-WDALr 0 40' 80' 160' DA Hall: as 7.1 ColeJenest BIRKDALE INDEPENDENT LIVING Project No. 4536 & stone EXISTING CONDITIONS Issued 01. 08. 2021 FIGURE 6 -\, TIE LATERAL TO EXISTING 6" SEWER EXISTING 60" STORM PIPE EXISTING 72" STORM HEADWALL � wN �0 maomry n w I / 005-00-20 SSA • �.! ! / TEMPORARY IMPACTS WILL BE / !! ONOIONS 8Y REPLACING N —12 --- / e INCHES OF TOPSOIL AND RESEEDING / j _ / WITH NATIVE STABILIZATION MIX �_— % �- ��► i / r EXISTING SPILLWAY i6 ---� ��G � ♦ \ � 7 PROPOSED VARIABLE / WIDTH SAN. SWR AND EXIST. WETLAND A STORM DRAINAGE j ♦ \ EASEMENT 399tSF (0 009AC) \ u \\ S / PROPOSED OFFS17E PROPOSED SANITARY SLATERAL STORMWATER `�� ` ♦ SAM FURR SENIOR . ; ` ♦ ♦ APARTMENTS Q PROPOSED OFFSITE O � \d �• DRAINAGE O V PROPOSED STORM PROPOSED UNDERGROUND PROPOSED UNDERGROUNO — — DRAINAGE EASEMENT STORMWATER SAND FILTER STORMWATER DETENTION ' h. I I / EXIST. R/W �7�E 1 AMABOVALE [L�9T 1 "-80' I a� SCALE: - z MEW A r fiwmDACE WAGY PRdW£RTrOIME7� ,!4[Y, MC 0 40' 80' 160' W61. \ .` . \\, \\ \\\\ DA Mal. as ,., ColeJenest BIRKDALE INDEPENDENT LIVING Project No. 4536 &Stone OVERALL SITE Issued 01.08.2021 FIGURE 7 S � / / / \\ 1 , ( PROP. TIE-IN TO EX. SSMH #6 \ P OP. IT Y / RIM=714.70 \ SE ER CLEANOUTS / / INV. IN=709.90(PR.) S INV. IN=710.24(EX.) INV. OUT=709.90(EX.) I T z XIST. 15" CLTWATER U SS EASEMENT QJO 'EXIST. � " RCPINV./L i �``/ O PRQP. ANTI -SEEP C LLARS TO BE I `� INSTALLED AT THE DO NSTREAM AND- lv UPSTREAM SIDE 0 THE WETLAND CRO/SING. COLLARS TO BE INSTALLED PER STATE STANDARDS. PROP VARIABLE WIDTH -AN SA . SWR. AND STORM �\ \ RAINAGE EASEMENT / ,ItXPT. R/W 1 \ \ PROP. RIP RAP' PROP. 6" DIP SANITARY ��\ ��\ \! LINED SWAL� �( SEWER SERVICE ( pl \`� \� �� PROP. 18", P� \ PROP. SSMH #1 \� \ STORM 0 FALL ! i �CM, \�J \ � � SCALE: 1 "=20' Z 0 10' 20' 40' �- ColeJenest BIRKDALE INDEPENDENT LIVING & Stone WETLAND IMPACT EXHIBIT EXIST. 60" RCP INV.=710.74 PROP. 399fSF (0.009AC) OF TEMPORARY WETLAND A IMPACT (WIDTH VARIES WITH PROP. EASEMENTS) EXIST. WETLAND A 399fSF (0.009AC) EXIST. CONCRETE SPILLWAY TEM PORAU IMPACTS WILL BE RESTORED RE -EXISTING CONDITIONS REPLACING 6-12 INCHES OF PSOIL AND RESEEDING WITH NATIV STABILIZATION MIX. Project No. 4536 Issued 01.08.2021 FIGURE 8 ■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■ ■■■■■■ii�illillll�il III■\■■■■■II■■■■.'�i■■■■■■■ ■■■■■■■■■■■■■■\�I■■III■■■■■■■■■■■ ■■■■■■■■■■IIIIII !11■■■11'll■■■■ice■■■■■■■■ ■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■ ■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■ ColeJenest & Stone 161maZw; BIRKDALE INDEPENDENT LIVING PROFILE SCALE: 1 "=40' HORZ. 1 "=4' VERT. Project No. 4536 Issued 01.08.2021 FIGURE 9 NCDEQ STREAM FORM DP2 - 1.2 - r PROPERTY BOUNDARY '- STUDY LIMITS 24 -h a32, USACE _ �" �'•• UPLAND DP1 3 �'•,,", r j }� WETLAND A -0.009 AC 4 USACE -73t7_ :: •'7.— WETAND w] �,$ _ 1 `„ ; ' 1�a_... FORM A o a ' �oi�i_.- • ' - � III NEW" - ,__• •.: Acres: SAM FURR —SENIOR APARTMENTS Prepared for: +/- 2.42 Mecklenburg Co., NC South Creek ConstrujBy: FIGURE 10 Drawn By: Reviewe 9115120 DELINEATION MAP NRN ALL Subject to USACE/NCDEQ verification �'I ' 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: Sam Furr Senior Apartments Mecklenburg County, North Carolina By: Lisa R. Gaffney Field investigation conducted on November 16, 2020 www.wetiands-epg.com Ashesrile Office: 1070 Tunnel Rd., Bldg. I Suite 10, PMB 283 Asheville, NC 28805 Sam Furr Senior Apartments - Threatened /Endangered /Protected Species Evaluation GENERAL LANDSCAPE DESCRIPTION: The Sam Furr Senior Apartments site (+/- 2.42 acres) is located just north of Sam Furr Road, and just east of Sedgebrook Lane in Huntersville, North Carolina. It can be found on the Lake Norman South, NC USGS Topographic Quadrangle Map- latitude is 35.4451 N, longitude is-80.8844 W. The topography consists of gentle slopes, with the elevation ranging from 710 to 740 ft. (Figure 1). The site is covered with disturbed, young mixed pines and hardwoods and includes a small section of landscaped walking trail, strip buffer, and underground pipeline right-of-way. Figure 1: CARP BUY Marina urnping tation 1 } � r 710 �� 1 PROJECT BOUNDARY STUDY LI MITSIV ' N. 7 70 4C LOCATION �5.7 � � MC DOWEL L CR E EK Lat: 25.4451 N Long: -10 1144 W U.SG5 QUAD HL '2: 5"" Lake Norman South,NC SCALE ! UPPERCATAW6A 1993 I 67 5ArV1 FURRRDSENIORAPARiMENTS Pre Paredfor: + -2.42 B FPart Development � Mecklenburg Ca., NC FIG U RE 115G5 MAP [,fawn Et': Rev leveed et': 1 9/2V20 5 OXCE ro USA CEM IVE 4 �nPCOL RLIC ALL Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. Sam Furr Senior Apartments - Threatened /Endangered /Protected Species Evaluation METHODOLOGY: The US Fish and Wildlife Service website http://www.fws.gov/endangered/ was referenced to determine the occurrence of Threatened, Endangered and Protected species for Mecklenburg County North Carolina, the results of which are listed below (Table 1). Maps and aerial photographs were assembled, and the site was investigated on November 16, 2020. Table 1: Threatened / Endangered / Protected Species listed for Mecklenburg County County: Mecklenburg, NC *Source: US Fish & Wildlife Service **Data search on November 16, 2020 Group Name Status Record Status Invertebrate Carolina Heelsplitter (Lasmigona Endangered Current decorata Invertebrate Rusty -patched Bumble Bee Endangered Historic (Bombus affinis) Vascular Plants Smooth Coneflower (Echinacea Endangered laevi ata Vascular Plants Schweinitz's Sunflower (Helianthus Endangered schweinitzii) Vascular Plants Michaux's Sumac (Rhus michauxii) Endangered Vertebrate Northern Long -Eared Bat (Myotis septentrionalis) Vertebrate Bald Eagle (Haliaeetus leucocephalus) Threatened Current Current Current Probable/Potential Protected under the Bald Current and Golden Eagle Protection Act Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. Sam Furr Senior Apartments - Threatened /Endangered /Protected Species Evaluation SPECIES DESCRIPTIONS: Three plant species with federal protection are listed as potentially occurring in Mecklenburg County: • Schweinitz's Sunflower (Helianthus schweinitzii), listed as Federally Endangered, is typically found in open habitats which historically have been maintained by wildfires and grazing bison and elk herds. Now most occurrences are limited to roadsides, woodland and field edges, and utility rights -of -way (ROW). • Smooth Coneflower (Echinacea laevigata), listed as Federally Endangered, is typically found in open woods, cedar barrens, roadsides, clear cuts, dry limestone bluffs and power line rights -of -way, requiring abundant sunlight and little competition from other plant species. Michaux's Sumac (Rhus michauxii), listed as Federally Endangered, requires habitat of sandy forests and woodland edges. This species requires periodic fire as a part of its ecology. Four animal species with federal protection are listed as potentially occurring in Mecklenburg County: • Bald Eagle (Haliaeetus leucocephalus), protected by the Bald and Golden Eagle Protection Act, typically inhabits forested areas near large bodies of open water such as lakes, marshes, seacoasts and rivers, where there are suitable fish populations and tall trees for nesting and roosting. • Carolina Heelsplitter (Lasmigona decorata), listed as Federally Endangered, is restricted to cool, clean, well -oxygenated water. Stable, silt- free stream beds are required for this species. Typically stable areas occur where the stream banks are well -vegetated with trees and shrubs. Northern Long-eared Bat (Myotis septentrionalis), listed as Federally Threatened. During summer, northern long-eared bats roost singly or in colonies underneath bark, in cavities, or in crevices of both live and dead trees. Males and non - reproductive females may also roost in cooler places, like caves and mines. It has also been found, rarely, roosting in structures like barns and sheds. Northern long-eared bats spend winter hibernating in caves and mines, called hibernacula. Rusty -patched Bumble Bee (Bombus affinis), listed as Federally Endangered, live in colonies that include a single queen and female workers. Rusty -patched Bumble Bees historically occupied grasslands and tallgrass prairies. Bumble bees need areas that provide nectar and pollen from flowers, nesting sites (underground and abandoned rodent cavities or clumps of grasses), and overwintering sites for hibernating queens (undisturbed soil). WEPG#00801 4 Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. Sam Furr Senior Apartments - Threatened /Endangered /Protected Species Evaluation RESULTS: The site is covered with disturbed, young mixed pines and hardwoods and includes a small section of landscaped walking trail, strip buffer, and underground pipeline right-of-way. The site is surrounded by landscaped ponds, grounds, and trails of adjacent residential and commercial development. Aerial photography records show most of the site was timbered and graded late 2006 / early 2007. The young, mixed tree species include Short -leaf Pine (Pinus echinata), Virginia Pine (P. virginianus), Willow Oak (Quercus phellos), Southern Red Oak (Q. falcata), Post Oak (Q. stellata), Sweet Gum (Liquidambar styraciflua), Tulip Poplar (Liriodendron tulipifera), Red Maple (Acer rubra), Red Cedar (Juniperus virginiana), Sourwood (Oxydendrum arboreum), and American Holly (Ilex opaca). The shrub layer is dominated by and Blackberry (Rubus spp.), and Chinese Privet (Ligustrum sinense). Vines include Japanese Honeysuckle (Lonicera japonica), Muscadine (Vitis rotundifolia), Poison Ivy (Toxicodendron radicans), and Catbrier (Smilax sp.). Herbs include Panic Grass (Panicum sp.), Japanese Stiltgrass (Microstegium vimineum), and Knotweed (Po/ygonum sp.). Transitional areas along the tree lines are heavily landscaped and edged with turf grass and the sparse, naturally growing herbs observed were Sericea Lespedeza (Lespedeza cuneata), Broomsedge (Andropogon virginicus), and Ragwort (Packera sp.). Threatened & Endangered/Protected Species Results The potential habitats for Schweinitz's Sunflower, Michaux's Sumac and Smooth Coneflower along the tree line were examined. This habitat is heavily landscaped and managed, with little to no native vegetation present. No individuals of Schweinitz's Sunflower or Michaux's Sumac were observed. *at the time of the survey there had not yet been a killing frost and plants were easily identifiable. • No habitat exists on the site for Bald Eagles, and there were no sightings nor were any nesting sites observed. • This site does not have suitable habitat to support populations of the Carolina Heelsplitter. Comparing this site location to the USFWS Asheville office's website (http://www.fws.gov/asheville/htmis/project review/NLEB in WNC.html) it appears that the site meets the "exempt" criteria which requires no further action under section 7 of the Endangered Species Act for the Northern Long-eared Bat. WEPG400801 Wetlands and Environmental Planning Group Sam Furr Senior Apartments - Threatened /Endangered /Protected Species Evaluation • Comparing this site location to the USFWS Range Map for Rusty -patched Bumble Bee (https://www.fws.gov/midwest/endangered/insects/rpbb/rpbbmap.html) Mecklenburg County is in its Historic Range, and as such, Section 7 consultation is not needed. WEPG concludes that Rusty -patched Bumble Bee is not present. RECOMMENDATIONS: Based on the site investigation and the review of available data, WEPG did not identify any protected species occurring on the subject property. No further investigation of the presence of protected species on this site is recommended at this time. Respectfully submitted, Lisa R. Gaffney Biologist November 17, 2020 Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. Sam Furr Senior Apartments - Threatened /Endangered /Protected Species Evaluation Curriculum Vitae for: Lisa R. Gaffney Biologist/ Botanist B.S. Biology, University of North Carolina at Charlotte Ms. Gaffney is a classically trained botanist and natural resource biologist and has conducted field work and investigative studies covering thousands of cumulative acres in both North and South Carolina since 1996, including: • Cabarrus County NC Natural Heritage Inventory. Organized, directed, and conducted field survey of natural areas in Cabarrus County for the North Carolina Natural Heritage Program. • Lincoln County NC Natural Heritage Inventory. Organized, directed, and conducted field survey of natural areas in Lincoln County for the North Carolina Natural Heritage Program. • Threatened and Endangered Species Surveys and Natural Communities Evaluation for over 55,000 acres in North and South Carolina, 1996 - present. • Located and identified numerous previously unreported populations of Federally Endangered Schweinitz's Sunflower (Helianthus schweinitzii). • Located and identified numerous previously unreported populations of Threatened Dwarf Heartleaf (Hexastylis nanif/ora). • Found Schweinitz's Sunflower at Redlair Farm in Gaston County, NC. This discovery led (in part) to the purchase of the site by the State of North Carolina Plant Conservation Program, now called Redlair Preserve. This population has become a Recovery Site for the species. • Participated in numerous Piedmont Prairie restoration projects in Mecklenburg, Union, Cabarrus and Gaston Counties, North Carolina WEPG#00801 7 Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. Sam Furr Senior Apartments - Threatened /Endangered /Protected Species Evaluation Figure 2: VICINTIY MAP rp William Amos o �` Hough High School °va • 15 �qfr e epatCaldwell Ra p SITE n E 3� "g& $' Local Cab Authorued g odd d Driver Of Huntersville go- - � � ¢gar av s8" Oakwood vhQ'`Ra �i S Corporate Housing n cp Y Rd A �`�� �t m ��d9�` r. DOT' �N c m kNtcB eu ice Academy . r 4 �, to �gJ 'too r o �. Sunglass Hut ��pd � St,ngtoxa[•s atdo H y ova ra Start p,��PRri ,4 Veclona'sWret PROJECT BOUNDARY a I.ugerer vine. once Inn by At Charlotte Lake. STUDY LIMITS 0 Fargo Privale Bank Camden Sedgebrook So,f , Bwkd ate VHlage 9arnes 8 N 9 Apartments Ta `�Saf aea�ierrbr {;] D PROPOSED SEWER LINE ■ Midwood Smokehouse ^"y Chepolle M f µ..xa • 11Nrery lakrae • ",ry y SWM Fu,, nd Q tj 4tj Medi-Weighlloss A & Hunlersville T Coral Sushl e yAew =' John D Wells, DDS, PA O Y s 9 brie tix King Tiger Tae Kwon ` Do of Huntersville a 5"00 Oakdale Golf Cluk Fairways al Airkdale I Acresi SA FURR RD SENIOR APARTMENTS Prepared for: + - 2 42 Bi-Part Development WEPG � Mecklenburg Co., NC FIGURE 2 VICINITY MAP Drawn By: Reviewed By: 911S120 Subject to USACE/NCDEQ verlficavan SLK ALL Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. Sam Furr Senior Apartments - Threatened /Endangered /Protected Species Evaluation Figure 3: USGS MAP CORP BOY 78 Marina =Z= U fTl I rl' _ tatMon -X k _ PRDJE{TBOUWARY 1 — J 4 * I STUDY LIMITS ` r, } { r w� ( J / ILI T J_ LOCATION 4'} ME DOWEL L{REEK y■J Lat: 35.4451 N r If Long:-90.SS44 W USGS QUAD t H U12: 03050101 Lake Norman South NC UPPERCATAWBA 1993 Ace: SAM FU RR R D SE N IOR ARA RT MEN TS Preparedfor: 1 +t_2.42 Mecklenburg Cu., NC BpPartDevelaproent WEPG FIGURE USGS MAP Drawn E?y: Reaiewed By: 3 9125{7{7 5ubecr10U54CEMIDE4u_enficaL;m RLR ALL WEPG400801 9 Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. Sam Furr Senior Apartments - Threatened /Endangered /Protected Species Evaluation Figure 4: NRCS SOIL MAP Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. Sam Furr Senior Apartments - Threatened /Endangered /Protected Species Evaluation Figure 5: AERIAL MAP - W-4111111111 CeD2 - Gea2, w.►�s GeD �y A� r„ eel' - t PROJECT BOUNDARY 2 STUDY LIMITS �--- .\ C eB t ' Y a$F' -4 - [l I C*02 'k i E n R �. I � T.1:Qi Map Acres �A Unit Map Unit Name in Percent - 9 ym6vl A01 of AOI CeD2 Cecil sandy clay 2.3 95.3°I° loam, 8 to 15°. percent Slopes,` moderately eroded \ F i i H En❑ Enon sandy loam, 8 0.1 3.74,o to 15 Percent Slopes Totals for Area of 2.4 100.00l0 MRCS Soil Survey Manuscript r . Interest r Mecklenburg County 1980 N acres: SAM FURR RD SENIOR APARTMENTS Prepared for: + - 2 42 Bf-Part Development FPG FIGURE Mecklenburg Co., INC 5 SOIL SURVEY MANUSCRIPT MAP Drawn By: Reviewed By: 9�I5�2d Subject to US4CE/NCDE4 verification BILK ALL Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. ID#* 20201776 Version* 1 Regional Office * Mooresville Regional Office - (704) 663-1699 Reviewer List* Alan Johnson Pre -Filing Meeting Request submitted 11/18/2020 Contact Name* Heath Caldwell Contact Email Address* heath.caldwell@wetlands-epg.com Project Name* Sam Furr Road Senior Apartments Project Owner* Bi-Part Development Project County* Mecklenburg Owner Address: Street Address 18611 Starcreek Drive Address Line 2 aty State / Province / Region Cornelius NC Postal / Zip axle Country 28031 USA Is this a transportation project?* r Yes r No Type(s) of approval sought from the DWR: PF 401 Water Quality Certification - j— 401 Water Quality Certification Regular Express r- Individual Permit r- Modification j— Shoreline Stabilization Does this project have an existing project ID#?* r 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.* The forthcoming PCN will include a request for Nationwide Permit 12 associated with the proposed Sam Furr Senior Apartments site on 2.4 acres north of Sam Furr Road near it's intersection with Birkdale Commons Parkway. There is one wetland in the sewer easement area and no aquatic resources on site. Please give a couple of dates you are available for a meeting. 12/1 /2020 Please attach the documentation you would like to have the meeting about. 4536_Overall Site.pdf 537.52KB pdf only 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. 1 understand by signing this form that I cannot submit my application until 30 calendar days after this pre -filing meeting request. (also understand that DWR is not required to respond orgrantthe 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 Submittal Date 11/18/2020