HomeMy WebLinkAbout20201907 Ver 1_ePCN Application_20210218DWR
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
20201907
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:
New Haven Drive
1a. Who is the Primary Contact?*
Heath Caldwell
1b. Primary Contact Email:*
heath.caldwell@v4etlands-epg.com
Date Submitted
2/18/2021
Nearest Body of Water
South Prong Clarke Creek
Basin
Yadkin-PeeDee
Water Classification
C
Site Coordinates
Latitude:
35.4009
Pre -Filing Meeting Information
ID#
20201907
Pre -fling Meeting or Request Date*
12/8/2020
Longitude:
-80.8309
Attach documentation of Pre -Filing Meeting Request here:*
Pre -Filing Request_dup.pdf
Version#*
1
What amout is owed?*
IT $240.00
r $570.00
Select Project Reviewer*
Alan Johnson:eads\adjohnson1
1c. Primary Contact Phone:*
(704)999-5279
Version
1
60.11 KB
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:
F 401 Water Quality Certification - E)press
F 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
ILF_dup.pdf
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?
V 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:
Bowman Development Group
2b. Deed book and page no.:
33000/533
2c. Responsible party:
Nate Bowman
2d.Address
407.27KB
*
r Yes r No
r Yes r No
Street Address
13815 Cinnabar Place
Address tine 2
City
Huntersville
Postal / Zip Code
28078
2e. Telephone Number:
(704)999-5279
2g. Email Address:*
amber. lipsky@wetla nd s-e pg. com
4. Agent/Consultant (if applicable)
4a. Name:
Heath Caldwell
4b. Business Name:
Wetlands & Environmental Planning Group
4c.Address
Street Address
10612-D Providence Road
Address tine 2
PMB 550
City
Charlotte
Postal / Zip Code
28277
4d. Telephone Number:
(704)999-5279
4f. Email Address:*
heath.caldvvell@v,etlands-epg.com
Agent Authorization Letter*
Agent Authorization_dup.pdf
State / Province / Rion
North Carolina
Country
USA
2f. Fax Number:
State / Province / legion
North Carolina
Country
USA
4e. Fax Number:
77.93KB
C. Project Information and Prior Project History O
1. Project Information
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality/ town:
Huntersville
2. Project Identification
2a. Property Identification Number:
2b. Property size:
01920122,01920124
2.6
2c. Project Address
Street Address
Address tine 2
City
State / Province / Iagion
Postal / Zip Code
Country
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
South Prong Clarke Creek
3b. Water Resources Classification of nearest receiving water:*
C
3c. What river basin(s) is your project located in?*
Yadkin-PeeDee
3d. Please provide the 12-digit HUC in which the project is located.
030401050101
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 south of New Haven Drive and north of Holbrooks Road in Huntersville, NC. The site is partially forested with an old agricultural pond bed. The elevation is 750-
760ft.
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_dup.pdf 354.11 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)
NRCS_dup.pdf 416.2KB
4f. List the total estimated acreage of all existing wetlands on the property:
0.355
4g. List the total estimated linear feet of all existing streams on the property:
0
4h. Explain the purpose of the proposed project:*
The proposed project Will involve filling 0.317 acres of a wetland for a residential development.
41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:*
Fill and grading of the site Will use standard equipment, excavator, dump truck, track hoe, etc.
4j. Please upload project drawings for the proposed project.
e)(hibits_dup.pdf 2.31 MB
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 r Approved r Not Verified r Unknown r N/A
Corps AID Number:
SAW-2020-02268
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Nic Nelson
Agency/Consultant Company: WEPG
Other:
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
This site was verified by B. Roden -Reynolds (USACE) on 2/4/2021. A copy of the signed JD approval is included in the Approvals section.
5d1. Jurisdictional determination upload
JD Approval_dup.pdf 324.4KB
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?
D. Proposed Impacts Inventory U
1. Impacts Summary
1a. 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 * 2C Type of 2g. Impact
Jurisdicition*M area*
f
Grading/Fill ��P Small -Basin Wetland Wetland A No Corps 0.317
(acres)
2g. Total Temporary Wetland Impact
0.000
2g. Total Wetland Impact
0.317
2g. Total Permanent Wetland Impact
0.317
2h. Comments:
For grading associated with a house pad, road stabilization, and sanitary sewer installation.
E. Impact Justification and Mitigation U
1. Avoidance and Minimization
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
Impacts associated with the proposed development were limited through site selection, design, and location/orientation of the proposed lot and access
routes. Proposed impacts are unavoidable due to the central location of the wetland bisecting the site and the grade limitations/requirements for a
residential house pad and sanitary sewer as well as the grading for the stabilization of New Haven Drive. The applicant has demonstrated avoidance
and minimization efforts by limiting grading into the wetland required for stabilization of the embankment.
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.
Per the engineer, the proposed grading is necessary to achieve cover for the sanitary sewer lateral, the stabilization of New Haven Drive, and for the
house pad and yard/garden area. Additionally the eAsting 12" pipe that was installed temporarily to support construction of the road will be plugged
and abandoned. The emsting 36" culvert will be extended to an elevation at eAsting ground level that will neither drain or flood the remaining wetland.
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
2c. If yes, mitigation is required by (check all that apply):
r DWR W Corps
2d. If yes, which mitigation option(s) will be used for this project?
F Mitigation bank W Payment to in -lieu fee F Permittee Responsible
program Mitigation
4. Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
r Yes r No
4b. Stream mitigation requested:
(linear feet)
4d. Buffer mitigation requested (DWR only):
(square feet)
4f. Non -riparian wetland mitigation requested:
(acres)
0.317
4c. If using stream mitigation, what is the stream temperature:
4e. Riparian wetland mitigation requested:
(acres)
4g. Coastal (tidal) wetland mitigation requested:
(acres)
4h. Comments
A 1:1 ratio is proposed for the wetland impacts. Please see the NCWAM section for more information
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)?
rYes rNo
Comments:
Total imperviousness is under 24%
G. Supplementary Information
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.
No additional phases are proposed.
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
Threatened & Endangered Species_dup.pdf 246.18KB
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 f No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?*
SHPO's website: https://nG.maps.arcgis.con-
7c. Historic or Prehistoric Information Upload
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-yearfloodplain?*
r^ Yes R No
8c. What source(s) did you use to make the floodplain determination?*
www.fema.gov
hftps://polaris3g.mecklenburgcountync.gov/
Miscellaneous V
Comments
A full, compiled PCN is attached including ORM, cover letter, forms, photos, authorizations, and other supporting documentation
Miscellaneous attachments not previously requested.
New Haven PCN package.pdf 8.38MB
Signature
*
N7 By checking the box and signing below, I certify that:
• 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:
Heath Caldwell
Signature
1�?Ilwa 6?arda
Date
2/18/2021
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
TIM BAUMGARTNER
Director
Nate Bowman
Bowman Development Group
13815 Cinnabar Place
Huntersville, NC 28078
NORTH CAROLINA
Environmental Quality
February 8, 2021
Expiration of Acceptance: 8/8/2021
Project: New Haven Drive County: Mecklenburg
This is a conditional acceptance letter.
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
Non -Riparian Wetland*
0.40
Won -riparian wetland credit is not available in this service area. In accordance with the directive
from the February 8, 2011 IRT meeting, non -riparian wetland impacts located in the mountains and
piedmont areas of North Carolina can be accepted as requested, but mitigated utilizing riparian
wetland mitigation credits. Upon receipt of payment, DMS will take responsibility for providing the
compensatory mitigation. The mitigation will be performed in accordance with the In -Lieu Fee Program
instrument dated July 28, 2010. Thank you for your interest in the DMS in -lieu fee mitigation program. If you
have any questions or need additional information, please contact Kelly.WiIliams@ncdenr.gov.
cc: Heath Caldwell, agent
Sincerely,
FOR James. B Stanfill
Asset Management Supervisor
NORTH CAROLINAD_E
Department of Environ—tal quality
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
Wetlands and Environmental Planning Group
Agent Authorization Letter
Leonard S. Rindner, PLLC.
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: New Haven Drive
Property Address: New Haven Drive, north of Holbrooks Road
Parcel Identification Number (PIN): 01920122, 01920124
Select one: I am the current property owner
Name: Nate Bowman
Company: Bowman Development Group
Mailing Address: 13815 Cinnabar Place, Huntersville, NC
Telephone Number: (704)875-9704 x101
Electronic Mail Address: natebowmanl5@gmail.com
Property) Owner / Interested Buyer * / Other
Date
* The Interested Buyer/Other acknowledges that an agreement and/or -formal contract to purchase and/or conduct
dine diligence activities exists between the current property owner and the signatouy of this authorization in cases
where the property is not owned by the signatouy.
Charlotte Office: www.wetlands-epg.com
777
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.rind ner a wetlands-epg.com
To South Prong
Clark Creek
i F
qP
r
APPROXIMATES
PROJECT BOUNDARY }
I STUDY LIMITS
elk
k -do Ir
ti
1:
Leamin
d, 1 SCALE
" ' r LOCATION
N USGS QUAD 1:24,000 Lat: 35.4042 °N
Cornelius, NC ACRES Long:-80.8287 °W
AL --AL j_ 1993 2.6 HUC: 03040105 (Rocky)
Acres: New Haven Drive site Prepared for:
+/- 2.6 Mecklenburg County, NC Bowman Development Group
FIGURE
3 USGS MAP Drawn By: Reviewed By:
11/24/20 Subject to USACE/NCDEQ verification DCK LSR
End
kE
0
-OW
APPROXIMATE
PROJECT BOUNDARY
STUDY LIMITS
- f
I
V Af3
i� E
n D6
Map Unit Symbol
Map Unit Name
Acts in AOI
Percent of AOI
EnD
Enon sandy loam. S to 15
percent slopes
0-1
4.3%
VV
Water
0.9
35.3%
VVkE
Wilkes loam. 15 to 25 percent
slopes
1.6
60.4%
Totals for Area of Interest
2.7
100.0%
N FNRCS Soil Survey Manuscript
ecklenburg County 1976
Acres: New Haven Drive site Prepared for:
+/- 2.6 MecklenbCounty, NC Bowman Development Group
urg
FIGURE
4 SOIL MANUSCRIPT MAP Drawn By: Reviewed By:
11/24/20 Subject to USACE/NCDEQ verification DCK LSR Wetlands ) 0 7
ww
SITE A \\\\ �+` `\ r lk`'
VICINITY MAP
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02/15/21
PROJECT �jyKp Y
(HECKED BY
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INCLENBURG COUNTY, NC
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THE INVERT: 750.90 _ - ` r
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SHEET TITLE
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PROJECT
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PROPOSED m \ \ \ \ \`\
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13 814 S.F. \ \ \ \ / 4 PROPOSED WIDE
0.317 AC. \� PROPOSED 1 \l \I I I GENTLE SWALE
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MATCH GRADE TO EXIST. SAN.
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WETLAND AREA TO
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(2,022 SF.) Mecklenburg
0.317 AC. WETLAND IMPACT
GRAPHIC SCALE
100 0 50 100 200
d ONLY ONE LOT ALLOWED
SUBDIVIDING IS NOT ALLOWED
1 inch = 100 ft.
i
REMNGq.eAsm ON
NC rcKNAATID 4'S9RJ))
PER OPUS
0N
Holbrooks Rd
S.R. # 2446
SHEET TITLE
PROJECT N0.
WETLAND IMPACT DETAIL 'A"
S 1.E 100'
DATE
02/15/21
PROJECT
DRAIN 8Y
WKD
NEW HAVEN DRIVE POND
° VGK BY
TOWN OF HUNTERSVILLE, MECKLENBURG COUNTY, NC
FOR: BOWMAN DEVELOPMENT INC.
�Gp/ROUP.
INC.APPED BY: llAlMROUGH W.ILMAMS & HouLEy I
DRAWNG NO.
Planning o Surveying o Engineering
w�l (m•�)
730 Windsor Oak Court P.O. Box 1198
NC Corporate Charlotte, North Carolina, 28273 Pineville, North Carolina, 28134
8
Registration ¢C-0475 704.556.1990 704.558.0505(fax)
SHT
New Haven Dr
S.R.# 2668 �W
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j I EX. STREET 1 I
3.91' 17 39, 3.23'
EX. 8" DIP
761.32 7A1 nZ SAN. SWR.
INV: 756.32
EX. 6' W.M. 3.08'
TOP: 758.3
EX. 12CP
OF POND TO BE"PLUGGED
GgOSTOM
EX151�N
EXISTING CONDITIONS
New Haven Dr o
S.R.# 2668
ag
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W X W r0
[ EX. STREET
6' 17.39' 3.2.'
SHOULDE
EX. 8' DIP
SAN. SWR.
INV: 756.32
761.32 761.02
PROPOSED GRADE TOP OF DI 3 3:1 MAX. SLOPE 33EX. 6 PROP. MH 2
755.5 TOP: 758.3 3.50' RIM:755.6
ROPOSED GRADE 3.55' 2.83'
�-88.30'0
PROP�36VRCP 0.50%
PROP. DI 3
INV. 750.66
PROP. MH 2
INV. 750.22
PROP. HW 3
INV. 737.03 PROP. 48"RCP 19.90'0 0.13% INV. 737.00
PROPOSED CONDITIONS
qW
SHEET TITLE
PROJECT N0.
WETLAND IMPACT DETAIL "A"
S i"'� 30'
DATE
02/15/21
PROJECT
oRAwN BY
WKD
NEW HAVEN DRIVE POND
CHECKED BY
VGK
TOWN OF HUNTERSVILLE, MECKLENBURG COUNTY, NC
FOR: BOWMAN DEVELOPMENT GROUP, INC.
YAPPm BY: YARBROUGH-WIIII.II.YA1bdS 8[ HOU%B9 INC.
DRAWING N0.
Planning o Surveying o Engineering
730 Windsor Oak Court P.O. Box 1198
NC Corporate Charlotte, North Carolina, 28273 Pineville, North Carolina, 28134
n
Registration ,yC-0475 704.558.1990 704.558.0505(tes)
7
stir
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2020-02268 County: Mecklenburg U.S.G.S. Quad: NC- Cornelius
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Requestor:
Bowman Development Grout)
Nate Bowman
Address:
13815 Cinnabar Place
Huntersville, NC 28078
Telephone Number:
(704)875-9704 x101
E-mail:
natebowman15(&t!mail.com
Size (acres) 2_6 Nearest Town Huntersville
Nearest Waterway Clarke Creek River Basin Upper Pee Dee
USGS HUC 03040105 Coordinates Latitude: 35.4009
Longitude:-80.8309
Location description: The review area is located on the north side of Holbrooks Road; approximately 0/1 miles east of the
intersection of Holbrooks Road and Central Avenue. PINS: 01920122 and 01920124. Reference review area description shown
in Jurisdictional Determination Request package entitled "Figure 1, Vicinity Mad' and dated 11/24/20.
Indicate Which of the Following Apply:
A. Preliminary Determination
❑ There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404
of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The
waters, including wetlands have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate
and reliable. The approximate boundaries of these waters are shown on the enclosed delineation map dated DATE. Therefore
this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory
mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection
measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any
way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an
appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may
request an approved JD, which is an appealable action, by contacting the Corps district for further instruction.
❑ There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404
of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403).
However, since the waters, including wetlands have not been properly delineated, this preliminary jurisdiction determination
may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is
merely an effective presumption of CWA/RHA jurisdiction over all of the waters, including wetlands at the project area, which
is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters,
including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland
delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps.
B. Approved Determination
❑ There are Navigable Waters of the United States within the above described project area/property subject to the permit
requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act
(CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for
a period not to exceed five years from the date of this notification.
® There are waters, including wetlandson the above described project area/property subject to the permit requirements of Section
404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
❑ We recommend you have the waters, including wetlands on your project area/property delineated. As the Corps may not be
able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that
can be verified by the Corps.
❑ The waters, including wetlands on your project area/property have been delineated and the delineation has been verified by
the Corps. The approximate boundaries of these waters are shown on the enclosed delineation map dated DATE. We strongly
SAW-2020-02268
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
brvan.roden-reynolds(&u sace.army.mil.
C. Basis For Determination: Basis For Determination: See the approved iurisdictional determination
form dated 2/4/2021.
D. Remarks: None.
E. Attention USDA Program Participants
This delineation/deternimation has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site
identified in this request. The delineation/deternimation may not be valid for the wetland conservation provisions of the Food Security
Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request
a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work.
F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B.
above)
This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this
determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a
Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you
must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Phillip Shannin, Review Officer
60 Forsyth Street SW, Room 10M15
Atlanta, Georgia 30303-8801
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal
under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you
decide to submit an RFA form, it must be received at the above address by 04/21/2021.
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.**
Bryan Roden -Reynolds
Corps Regulatory Official: 2021,02.0412:08:10-05'00'
Date of JD: 2/4/2021 Expiration Date of JD: 02/19/2026
SAW-2020-02268
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 Grout)
Heath Caldwell
Address: 10612-D Providence Road
Charlotte, NC 28277
Telephone Number: (704)999-5279
E-mail: heath.caldwell(&wctlands-ct)g.com
Property Owner: Bowman Development Grout)
Nate Bowman
Address: 13815 Cinnabar Place
Huntersville, NC 28078
Telephone Number: (704)875-9704 x101
E-mail: natebowman15(&t!mail.com
NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: Bowman Develo ment Grou , Nate Bowman I File Number: SAW-2020-02268
Date: 2/4/2021
Attached is:
See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission)
A
PROFFERED PERMIT (Standard Permit or Letter of permission)
B
PERMIT DENIAL
C
❑X
APPROVED JURISDICTIONAL DETERMINATION
D
❑
PRELIMINARY JURISDICTIONAL DETERMINATION
E
SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional information may be found at or http://www.usace.army.miUMissions/CivilWorks/ReaulatoryProgramandPenuits.asi)
OZI& Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request
that the permit be modified accordingly. You must complete Section II of this form and return the form to the district
engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will
forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your
objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your
objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After
evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in
Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein,
you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of
this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days
of the date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new
information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the
date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers
Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form
must be received by the division engineer within 60 days of the date of this notice.
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the
preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed),
by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the
Corps to reevaluate the JD.
SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial
proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or
objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the
record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to
clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record.
However, you may provide additional information to clarify the location of information that is already in the administrative
record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision and/or the
If you only have questions regarding the appeal process you may
appeal process you may contact:
also contact:
District Engineer, Wilmington Regulatory Division
Mr. Phillip Shannin, Administrative Appeal Review Officer
Attn: Bryan Roden -Reynolds
CESAD-PDO
Charlotte Regulatory Office
U.S. Army Corps of Engineers, South Atlantic Division
U.S Army Corps of Engineers
60 Forsyth Street, Room 1 OM15
8430 University Executive Park Drive, Suite 615
Atlanta, Georgia 30303-8801
Charlotte, North Carolina 28262
Phone: (404) 562-5137
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15-day
notice of any site investigation, and will have the opportunit to participate in all site investi ations.
Date:
Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: Bryan Roden -Reynolds, 69 Darlington Avenue, Wilmington, North
Carolina 28403
For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Phillip Shannin, Administrative
Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8801
Phone: (404) 562-5137
U.S. ARMY CORPS OF ENGINEERS
REGULATORY PROGRAM
APPROVED JURISDICTIONAL DETERMINATION FORM (INTERIM)
® NAVIGABLE WATERS PROTECTION RULE
I. ADMINISTRATIVE INFORMATION
Completion Date of Approved Jurisdictional Determination (AJD): 2/4/2021
ORM Number: AW-2020-02268
Associated JDs: N/A
Review Area Location': State/Territory: City: Huntersville County/Parish/Borough: Mecklenburg
Center Coordinates of Review Area: Latitude 35.4009 Longitude-80.8309
II. FINDINGS
A. Summary: Check all that apply. At least one box from the following list MUST be selected. Complete the
corresponding sections/tables and summarize data sources.
J The review area is comprised entirely of dry land (i.e., there are no waters or water features, including
wetlands, of any kind in the entire review area). Rationale: N/A or describe rationale.
❑ There are "navigable waters of the United States" within Rivers and Harbors Act jurisdiction within the
review area (complete table in Section 11.13).
❑x There are "waters of the United States" within Clean Water Act jurisdiction within the review area
(complete appropriate tables in Section II.C).
* There are waters or water features excluded from Clean Water Act jurisdiction within the review area
(complete table in Section II.D).
B. Rivers and Harbors Act of 1899 Section 10 (§ 10)2
§ 10 Name § 10 Size § 10 Criteria Rationale for § 10 Determination
V/A I N/A
C. Clean Water Act Section 404
Territorial Seas and Traditional Navi able Waters a 1 waters :3
a 1 Name
a 1 Size
a 1 Criteria
Rationale fora 1 Determination
Tributaries a 2 waters):
(a)(2) Name
(a)(2) Size
(a)(2) Criteria
Rationale fora 2 Determination
N/A
N/A I
N/A.
Lakes and ponds, and impoundments of jurisdictional waters ((a)(3) waters):
a 3 Name
a 3 Size
a 3 Criteria
Rationale fora 3 Determination
i Map(s)/figure(s) are attached to the AID provided to the requester
2 If the navigable water is not subject to the ebb and flow of the tide or included on the District's list of Rivers and Harbors Act Section 10 navigable waters list, do
NOT use this document to make the determination. The District must continue to follow the procedure outlined in 33 CFR part 329.14 to make a Rivers and Harbors
Act Section 10 navigability determination.
s A stand-alone TNW determination is completed independently of a request for an AID. A stand-alone TNW determination is conducted for a specific segment of river
or stream or other type of waterbody, such as a lake, where upstream or downstream limits or lake borders are established. A stand-alone TNW determination should be
completed following applicable guidance and should NOT be documented on the AID Form.
Page 2 of 2 Form Version 10 June 2020 updated
U.S. ARMY CORPS OF ENGINEERS
REGULATORY PROGRAM
APPROVED JURISDICTIONAL DETERMINATION FORM (INTERIM)
NAVIGABLE WATERS PROTECTION RULE
Adjacent wetlands ((a)(4) waters):
(a)(4) Name
(a)(4) Size
(a)(4) Criteria
Rationale fora 4 Determination
Wetland A
0.374
acre(s)
(a)(4) Wetland
Wetland A has a connection to a downstream
abuts an (a)(1)-
jurisdictional water via a culvert. Wetland A is
(a)(3) water.
physically separated from an (a)(2) intermittent
stream but has direct hydrologic connection via
a culvert which allows flows during a typical
year.
D. Excluded Waters or Features
Excluded waters b)(1) — b 12 :4
Exclusion Name
Exclusion Size
Exclusions
Rationale for Exclusion Determination
N/A.
III. SUPPORTING INFORMATION
A. Select/enter all resources that were used to aid in this determination and attach data/maps to this
document and/or references/citations in the administrative record, as appropriate.
❑x Information submitted by, or on behalf of, the applicant/consultant: Figures 1-11
This information is sufficient for purposes of this AJD.
Rationale: N/A or describe rationale for insufficiency (including partial insufficiency).
❑ Data sheets prepared by the Corps: Title(s) and/or date(s).
❑x Photographs: Aerial and Other: Figure 2, Aerial Map (Dated 11/24/20), Figure 3 1938 Historic
Aerial Map (Dated 11/24/20), Figure 4, 1956 Historic Aerial Map (Dated 11/24/20), Figure 5 1960
Historic Aerial Map (Dated 11/24/20), Figure 11, Delineation Map (Dated 11/17/20), and Photographs
1-2
L Corps site visit(s) conducted on: 02/03/21
❑ Previous Jurisdictional Determinations (AJDs or PJDs): ORM Number(s) and date(s).
❑x Antecedent Precipitation Tool: provide detailed discussion in Section 111.B.
❑x USDA NRCS Soil Survey: Figure 7, Soil Manuscript Map (Soil Survey of Mecklenburg County
Dated 1976) and Figure 8, NRCS Soils Map (Web Soil Survey of Mecklenburg County)
❑ USFWS NWI maps: Title(s) and/or date(s,
❑x USGS topographic maps: Figure 6, USGS Map (7.5-minute quadrangle Cornelius, NC) and Figure
9, 1960 Historic Topo Map (USGS)
Other data sources used to aid in this determination:
Data Source (select)
Name and/or date and other relevant information
USGS Sources
N/A.
USDA Sources
N/A.
NOAA Sources
N/A.
USACE Sources
N/A.
State/Local/Tribal Sources
N/A.
' Some excluded waters, such as (b)(2) and (b)(4), may not be specifically identified on the AJD form unless a requester specifically asks a Corps district to do so.
Corps districts may, in case -by -case instances, choose to identify some or all of these waters within the review area.
s Because of the broad nature of the (b)(1) exclusion and in an effort to collect data on specific types of waters that would be covered by the (b)(1) exclusion, four sub-
categories of (b)(1) exclusions were administratively created for the purposes of the AJD Form. These four sub -categories are not new exclusions, but are simply
administrative distinctions and remain (b)(1) exclusions as defined by the NWPR.
Page 2 of 2 Form Version 10 June 2020 updated
U.S. ARMY CORPS OF ENGINEERS
REGULATORY PROGRAM
APPROVED JURISDICTIONAL DETERMINATION FORM (INTERIM)
® NAVIGABLE WATERS PROTECTION RULE
Data Source (select)
Name and/or date and other relevant information
Other Sources
Figure 1, Vicinity Map (Dated 11124120) and Figure 10, Parcel Map (Dated
11 /24/20
B. Typical year assessment(s): The consultant (i.e., Wetlands and Environmental Planning Group)
conduced a site visit on 11/17/20. The Antecedent Precipitation Tool (APT) was used for this date
and determined the site was under wetter than normal conditions. The Corps conducted a site visit
on 02/03/21. The APT was used for this date and determined the site was under normal conditions.
C. Additional comments to support AJD: The proposed project area only contains one jurisdictional
wetland.
Page 2 of 2 Form Version 10 June 2020 updated
New Haven Pond -Threatened /Endangered /Protected Species Evaluation
GENERAL LANDSCAPE DESCRIPTION:
The New Haven Pond site (+/- 2.6 acres) is located just south of New Haven
Drive and just north of Holbrooks Road near its intersection with S. Old
Statesville Road in Huntersville, North Carolina. The site consists of an old,
agricultural pond bed. It can be found on the Cornelius, NC USGS Topographic
Quadrangle Map; latitude is 35.4042 N, longitude is-80.8287 W. The elevation is
750 - 760 ft. (Figure 1).
Fiaure 1:
To South Prong
Clark Creek
r � �
r` APPROXIMATE f '�
PROJECT BOUNDARY k '
STUDY LIMITS
�
NZ
1
Learnin
a SCALE LOCATION
N USGS QUAD 1:24,000 Lat: 35.4042 9N
r Cornelius, NC ACRES Long:-80.8287 ?W
I , 1443 2.6 HUC: 03M105 (Rocky)
r
,uPs' New Haven Drive site Prepared for-
6 Mecklenburg County, NC Bowman Development G roup
EPG
FIGURE
1 USGS MAP Drawn By: Reviewed By
I V24120 subject to USACE/NCOE4 verification DCK LSR -
Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC.
New Haven Pond -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 February 17, 2021.
Table 1: Threatened / Endangered / Protected Species listed for
Mecklenburg County
County: Mecklenburg, NC
*Source: US Fish & Wildlife Service
**Data search on February 17, 2021
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.
New Haven Pond - 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.
New Haven Pond -Threatened /Endangered /Protected Species Evaluation
RESULTS:
The site consists of an old, agricultural pond bed. New Haven Road on the dam
side of the old pond is under reconstruction and the entire area is currently under
some disturbance. The area upstream of the old pond is also under construction
adjacent to Holbrooks Road. There are no remaining naturally vegetated areas
on the site other than typical wetland fringe species of Cattails (Typha /atifolia),
Sedges (Carex spp., Scirpus, spp. ), and Rushes (Juncus spp. ).
Threatened & Endangered/Protected Species Results
• There is no habitat for Schweinitz's Sunflower, Michaux's Sumac and
Smooth Coneflower on this site. No individuals of Schweinitz's Sunflower,
Smooth Coneflower, or Michaux's Sumac were observed.
• 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.
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.
Wetlands and Environmental Planning Group
New Haven Pond -Threatened /Endangered /Protected Species Evaluation
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
February 18, 2021
Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC.
New Haven Pond -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:
• Discovered Schweinitz's Sunflower at Redlair Farm in Gaston County, NC.
which led 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.
• 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 naniflora).
• 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.
• Participated in numerous Piedmont Prairie restoration projects in both
North and South Carolina.
Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC.
ID#* 20201907
Version* 1
Regional Office * Mooresville Regional Office - (704) 663-1699
Reviewer List* Alan Johnson
Pre -Filing Meeting Request submitted 12/8/2020
Contact Name* Heath Caldwell
Contact Email Address* heath.caldwell@wetlands-epg.com
Project Name* New Haven Drive
Project Owner* Bowman Development
Project County* Mecklenburg
Owner Address: Street Address
13815 Cinnabar Place
Address Line 2
aty
State / Rovince / Region
Huntersville
NC
Fbstal / Zip axle
Country
28078
USA
Is this a transportation project?* r Yes r No
Type(s) of approval sought from the DWR:
* 401 Water Quality Certification - F 401 Water Quality Certification -
Regular Express
* Individual Permit F Modification
F Shoreline Stabilization
Does this project have an existing project ID#?*
C Yes (-- 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 29
associated with the proposed New Haven Drive site on 2.6 acres
north of Holbrooks Road in Huntersville, NC. There one wetland on
site. An Approved Jurisdictional Determination will be submitted to the
USACE with the PCN submission.
Please give a couple of dates you are available for a meeting.
1 /1 /2021
Please attach the documentation you would like to have the meeting about.
Context Maps 120720.pdf 918.65KB
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.
1 also understand that DWR is not required to respond or grant the meeting request.
Your project's thirty -day clock started upon receipt of this application. You will receive notification regarding meeting location
and time if a meeting is necessary. You will receive notification when the thirty -day clock has expired, and you can submit an
application.
Signature
Submittal Date 12/8/2020