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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 NO SCALE j rl/A/�'� i \\ r I�\\'�\\11� �I� 1V eyy T � �• � i q � C' WETLANDA iv`vvIlll�i,Il'Itl Have 7, ".0.355AC. /ii'lill`v��I�iii�Il �V S'R# n j ',,/ I \ A: 266g uj 10 r ` olbroo �,�6 i, ; - GRAPHIC SCALE SHEET TITLE PRO=ND. 200 0 100 200 400 MUS f NG SITE CONDITIONS Si"•`=200' DALE 02/15/21 PROJECT �jyKp Y (HECKED BY IN FEET) a r�K INCLENBURG COUNTY, NC TOWN OFNW HU R HAVEN L 1 inch = 200 ft. FOR: BOWMAN DEVELOPMENT GROUP INC. r4PPm ar: Ymmwum-ghmAms R HOuiz, INC. DRAWING No. ?•L6 PlesNla��rveyiNj o BsjlNll/iMj BEAPoNGS BASED ON 0' (^ NC NGS BAD 83 1w North � EB87S � �' )troth • V PER OPUS (ARC S�SSION RaeLtrou— /C-0478 704A661000 704.668.0606(h:1 �✓ /' l �pSUE VA • +�,\I'/ICI:A1� 1i y1/✓'I�'+v -` +�-` v�iv A •� - _ T� �� 44 ,I t Vvv• v v '��+ �•� v,� �� `./ _ 7 -�* �" VICINITY MAP ; /' - \ ' \'✓`,, �` - - �. NO SCALE �Y�,' 6 '/ �"� }'/ I Y I , / ' I 11 JL_ •- ��`. - lllyy11yy11• �%!I 111 �l I�(' I �� --1 .� / h� ' 6'� J II•ll / I I SKIMMER SEDIMENT BASIN /1 - - W/ 90MMER AND POROUS BAFFLES SIOMMEA:4' W/ 7.9OMFIOE r CLEAR AND GRADE AS NECESSARY t, , STORAGE TOP: TO INSTALL DI #3. INSTALL TRASH SKIMMER REST 0" 758.% RACK, TIE SKIMMER TO DI /3 AT _ BASIN EI,OTTCM INVERT: 756.0' THE INVERT: 750.90 _ - ` r TOP OF DI ELEV. 755.5 :3 \ ` ��,+ m IMMER BAMEW 11SIN V K "I CONFIGURATION "AND FINAL GRADES IFOR FINAL STABIUZATON 1PHASEh %�j _ �.• \,.�I` '•�Jhr ( \ ' s p 1 /T�y_ V a v 1 PROP. SHED , I' , PROPOSED LOT ° -'I� PROPOSED STORM '� GRADING \\ ; %; I i. (II 14I DRAINAGE _SYSTEM WETLANDS IMPACT WETLANDS IMPACT _ , \ PROPOSED I ( SEE SHEET 3 OF 3 WETLAND ..A., I ` \ B°°rw s a�14ETLANDSIMPACT 13.814 S.F. \ I ` ;� \�It SEM 0.317 AC. 01 00. /_A Cx I GRAPHIC SCALE 200 0 100 200 4iC ( IN FEET ) 1 inch = 200 ft. BEARINGS BASED ON NC GRIO(NAO B3 PER OPUS STATIC SSION SHEET TITLE PROPOSED SITE D&ROVFIMM SCE•`--200' PROJECT WKD ED®A0BA DIM P01M CH BY TOWN OF �, MECLUSBURG COUNTY, NC vGK FOR: BOWMAN DEVELOPMENT RaQ1MtnDEVELLOPMENT GROUP. 11VC. mum RlADuum-WhWAI- ez Hou)� *NcDRAMNNO. figs J,c P1wwlwgSrsu�yiwt I Swq►tws ? Q�ra s ,,.fc_s,I "U60AM 704MIUD I.) -IT 7 EX.12" PIPE TO BE PLUGGED NeW H Z %' S, a ven Dr Mecklenburg \ aFti F� r . R. # 668 PROPOSED WIDE x y / / GENTLE SWALE Q s:, PIPE INV: PIPE INN 74200 TO MEANDER �TSa.Ro LLJ PROPOSED m \ \ \ \ \`\ DRIVEWAY F ( II �A� A� r l l / Of PROPOSED \ _• > I o HOUSE / \ I 314 36" RCP \ 96' 30°RCP �\ V AV A I Ifs ' m PROP. SAN. SEWER \� Mecklenburg I I \I I I I I I I LATERAL IN FILL PROP. SHED v �: WETLAND "A" - PROPOSED STORM ' WETLANDS IMPACT _ _ \ � ; ��. I i I DRAINAGE SYSTEM 13 814 S.F. \ \ \ \ / 4 PROPOSED WIDE 0.317 AC. \� PROPOSED 1 \l \I I I GENTLE SWALE \11'I GARDEN \ /� \ I ( ' I I\ \ TO MEANDER AREA INV OF PROP. PIPE TO 1 ; EXIST. 3 M65 64 MATCH GRADE TO EXIST. SAN. NOT DRAIN OR I - - _ \ �� SEWER FLOOD WETLAND �— \ WETLAND AREA TO REMAIN 0.046 AC. BouNOARY LINE (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 ¢g a �ia w �w chi w W W W W d 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 �w CL 0 w w =)m 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