HomeMy WebLinkAbout20201903 Ver 1_401 Application_20210224ID# * 20201903 Version * 1
Regional Office * Mooresville Regional Office - (704) 663-1699
Reviewer List* Alan Johnson
Pre -Filing Meeting Request submitted 12/7/2020
Contact Name * Meagan Jolly
Contact Email Address*
Project Name *
Project Owner"
Project County*
Owner Address:
meaganjolly@wetlands-wators.com
Annsborough Park
Mll Homes
Cabarrus
�atrl
RECEIVEDINMENWR
FEB 2 4 2021
Water. uuamy
Permitting Section
Street Address
5350 77 Center Drive
Address Line 2
Suite 100
City State / Rovince / fiagion
Charlotte NC
vestal / Zp Code Country
28217 USA
Is this a transportation project?* Yes r: No
Type(s) of approval sought from the DWR:
rJ 401 Water Quality Certification - r 401 Water Quality Certification -
Regular Express
F Individual Permit - Modification
Shoreline Stabilization
Does this project have an existing project ID#?'
�- Yes r No
Do you know the name of the staff member you would like to request a meeting with?
Please give a brief project description below.*
Residential subdivision and sanitary sewer main
Please give a couple of dates you are available for a meeting.
12/15/2020
12/2912020
12/17/2020
12/30/2020
Please attach the documentation you would like to have the meeting about.
pdf on y
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.
• I 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 12/7/2020
Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
Pre -Construction Notification (PCN) Form
A. Applicant Information
1.
Processing
1 a.
Type(s) of approval sought from the
Corps:
®Section 404 Permit El Section 10 Permit
1 b.
Specify Nationwide Permit (NWP) number: 29 or General Permit (GP) number:
1 c.
Has the NWP or GP number been verified by the Corps?
❑ Yes
® No
1d.
Type(s) of approval sought from the DWQ (check all that apply):
® 401 Water Quality Certification — Regular ❑ Non-404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization
1 e.
Is this notification solely for the record
because written approval is not required?
For the record only for DWQ 401
Certification:
❑ Yes N No
For the record only for Corps Permit:
❑ Yes N No
1f.
Is payment into a mitigation bank or in -lieu fee program proposed for mitigation
of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu
fee program.
N Yes
❑ No
1 g.
Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below.
❑ Yes
® No
1 h.
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes
N No
2.
Project Information
2a.
Name of project:
Annsborough Park
2b.
County:
Cabarrus
2c.
Nearest municipality / town:
Concord
2d.
Subdivision name:
Annsborough Park
2e.
NCDOT only, T.I.P. or state
project no:
n/a
3.
Owner Information
3a.
Name(s) on Recorded Deed:
RUC Holdings, ULC
3b.
Deed Book and Page No.
14422, 0139
3c.
Responsible Party (for LLC if
applicable):
Adam J. Morman
3d. Street address:
144-41h 215f St. Floor Ave SW
3e.
City, state, zip:
Calgary, Alberta, Canada T2P
3f.
Telephone no.:
571.297.9071
3g.
Fax no.:
na
3h.
Email address:
AMorman@walton.com
Page 1 of 11
PCN Form — Version 1.3 December 10, 2008 Version
4. Applicant Information (if different from owner)
4a. Applicant is:
❑ Agent ® Other, specify: Buyer, under contract to purchase
4b. Name:
Cody Simoneaux
4c. Business name
(if applicable):
M/I Homes of Charlotte, LLC
4d. Street address:
5350 77 Center Drive Suite 100
4e. City, state, zip:
Charlotte, NC 28217
4f. Telephone no.:
(704r597-4538
4g. Fax no.:
n/a
4h. Email address:
csimoneaux@mihomes.com
5. Agent/Consultant Information (if applicable)
5a. Name:
Perry Isner
5b. Business name
(if applicable):
Wetlands & Waters, Inc.
5c. Street address:
328 East Broad Street Suite D
5d. City, state, zip:
Statesville, NC 28677
5e. Telephone no.:
704.773.4239
5f. Fax no.:
n/a
5g. Email address:
perryisner@wetlands-waters.com
Page 2 of 11
PCN Form — Version 1.3 December 10, 2008 Version
B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID):
46910304840000, 46817272340000, 46817143160000,
46819461530000
Latitude:35.421536 Longitude: -
1 b. Site coordinates (in decimal degrees):
80.717368
(DD.DDDDDD) (-DD.DDDDDD)
1 c. Property size:
165 acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to
Rocky River
proposed project:
2b. Water Quality Classification of nearest receiving water:
C
2c. River basin:
Yadkin Pee Dee, 03040105
3. Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
Project area consists of primarily vacant previously agricultural property, some forested areas, and an existing farm pond.
General land use in the vicinity of the project is primarily residential and agricultural.
3b. List the total estimated acreage of all existing wetlands on the property:
2.1
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
10,063
3d. Explain the purpose of the proposed project:
The purpose of the proposed project is to construct a sanitary sewer trunkline to serve both the Annsborough Park
subdivision as well as provide greater sewer capacity to the region for the Town of Concord, which the project is designed
to accomodate. An existing pump -station operated by the Town of Concord will be de-commisioned as a result of the
proposed project.
3e. Describe the overall project in detail, including the type of equipment to be used:
The project consists of the proposed development, amenities, associated infrastructure and stormwater facilities as well
as affilitated off -site sanitary sewer connection. Typical earth -moving equipment will be utilized such as excavator, dump -
truck, etc.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
®Yes [-I No El Unknown
project (including all prior phases) in the past?
Comments:
4b. If the Corps made the jurisdictional determination, what type
®Preliminary ❑Final
of determination was made?
4c. If yes, who delineated the jurisdictional areas?
Agency/Consultant Company: Wetlands & Waters, Inc.
Name (if known): Perry Isner, Tamp Bandy, Chris Huysman
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
SAW-2019-01341
5. Project History
5a. Have permits or certifications been requested or obtained for
❑ Yes ® No ❑ Unknown
this project (including all prior phases) in the past?
5b. If yes, explain in detail according to "help file" instructions.
Page 3 of 11
PCN Form — Version 1.3 December 10, 2008 Version
6. Future Project Plans
6a. Is this a phased project? I ® Yes ❑ No
6b. If yes, explain.
The eastern portion of the project area will be constructed as Phase 1, with the western development area constructed as
Phase 2. Impacts W1, S1 and S2 will be constructed as part of Phase 1, with impacts S3, S4, S5 and S6 constructed as
part of Phase 2. The applicant proposes phased mitigation such that payment will be made 60 days prior to construction
of the proposed impacts for each phase.
Page 4 of 11
PCN Form — Version 1.3 December 10, 2008 Version
C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
® Wetlands ® Streams - tributaries ❑ Buffers
❑ Open Waters ❑ Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a.
2b.
2c.
2d.
2e.
2f.
Wetland impact
Type of jurisdiction
number —
Type of impact
Type of wetland
Forested
(Corps - 404, 10
Area of impact
Permanent (P) or
(if known)
DWQ — non-404, other)
(acres)
Temporary T
W1 ®P ❑ T
Fill
Headwater
wetland
® Yes
[:1 No
® Corps
❑ DWQ
0.016
W2 ❑ PUT
Sanitary Sewer
Bottomland
® Yes
® Corps
0.25
open -cut
Hardwood Forest
❑ No
❑ DWQ
W3 ❑ P ❑ T
❑ Yes
❑ No
❑ Corps
❑ DWQ
W4 ❑ P ❑ T
❑ Yes
❑ No
❑ Corps
❑ DWQ
W5 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W6 ❑ P ❑ T
❑ Yes
❑ No
❑ Corps
❑ DWQ
2g. Total wetland impacts
0.266
2h. Comments: Temporary sewer impacts to be restored to previous contours and seeded with native riparian seed mixture
folowing construction.
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a.
3b.
3c.
3d.
3e.
3f.
3g•
Stream impact
Type of impact
Stream name
Perennial
Type of jurisdiction
Average
Impact
number -
(PER) or
(Corps - 404, 10
stream
length
Permanent (P) or
intermittent
DWQ — non-404,
width
(linear
Temporary (T)
(INT)?
other)
(feet)
feet)
S1 ®P ❑ T
Culvert
UT to Rocky River
® PER
❑ INT
® Corps
❑ DWQ
4
84
S2 ®P ❑ T
Riprap inlet/outlet
UT to Rocky River
® PER
❑ INT
® Corps
❑ DWQ
4
10
S3 ®P ❑ T
Culvert
UT to Rocky River
® PER
❑ INT
® Corps
❑ DWQ
6
82
S4 ® P ❑ T
Riprap inlet/outlet
UT to Rocky River
® PER
❑ INT
® Corps
❑ DWQ
6
10
S5 ®P ❑ T
Culvert
UT to Rocky River
❑ PER
® INT
® Corps
❑ DWQ
2
75
S6 ®P ❑ T
Riprap inlet/outlet
UT to Rocky River
❑ PER
® INT
® Corps
❑ DWQ
2
24
3h. Total stream and tributary impacts
285
3i. Comments: Proposed permanent impacts to —0.026 acres of streams. Each culvert crossing will have —10 LF of temporary
impacts in order to utilize cofferdams and pump -around during construction. Riprap will be pressed into the stream bed at the
current grade.
Page 5 of 11
PCN Form — Version 1.3 December 10, 2008 Version
4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individually list all open water impacts below.
4a.
4b.
4c.
4d.
4e.
Open water
Name of waterbody
impact number —
(if applicable)
Type of impact
Waterbody type
Area of impact (acres)
Permanent (P) or
Temporary T
01 ❑P❑T
02 ❑P❑T
03 ❑P❑T
04 ❑P❑T
4L Total open water impacts
4g. Comments:
5. Pond or Lake Construction
If pond or lake construction proposed, then complete the chart below.
5a.
5b.
5c.
5d.
5e.
Wetland Impacts (acres)
Stream Impacts (feet)
Upland
Pond ID
Proposed use or purpose
(acres)
number
of pond
Flooded
Filled
Excavated
Flooded
Filled
Excavated
Flooded
P1
P2
5f. Total
5g. Comments:
5h. Is a dam high hazard permit required?
❑ Yes ❑ No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If any impacts require mitigation, then you MUST fill out Section D of this form.
6a.
❑ Neuse El Tar -Pamlico El Other:
Project is in which protected basin?
❑ Catawba ❑ Randleman
6b.
6c.
6d.
6e.
6f.
6g.
Buffer impact
number —
Reason
Buffer
Zone 1 impact
Zone 2 impact
Permanent (P) or
for
Stream name
mitigation
(square feet)
(square feet)
Temporary T
impact
re uired .
B1 ❑P❑T
❑Yes
❑ No
B2 ❑P❑T
El Yes
❑ No
B3 ❑P❑T
El Yes
❑ No
6h. Total buffer impacts
6i. Comments:
Page 6 of 11
PCN Form — Version 1.3 December 10, 2008 Version
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
Project has been designed to minimize impacts to aquatic resources wherever practical. Road crossings are necessary for
access to high ground and to satisfy connectivity requirements as well as emergency vehicle access per local ordinance. A
span is being uitilized in order to avoid impacts for one crossing, with the other crossings uitilizing headwalls and wingwalls to
minimize disturbance. Wetlands on site have been avoided to the maximum extent practicable, with impacts only proposed
for a small wetland area in order to construct fill slopes supporting a storm drainage pipe and residential lot as well as
temporary impacts for construction of a sanitary sewer line.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
The project will be constructed under an approved sediment and erosion control plan such that risk of materials incidental to
construction activities being transported into downstream receiving waters is minimized.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for
impacts to Waters of the U.S. or Waters of the State?
® Yes ❑ No
2b. If yes, mitigation is required by (check all that apply):
® DWQ ® Corps
2c. If yes, which mitigation option will be used for this
project?
❑ Mitigation bank
®Payment to in -lieu fee program
❑ Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter)
Type
Quantity
3c. Comments:
4. Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
® Yes
4b. Stream mitigation requested:
241 linear feet
4c. If using stream mitigation, stream temperature:
® warm ❑ cool ❑cold
4d. Buffer mitigation requested (DWQ only):
square feet
4e. Riparian wetland mitigation requested:
acres
4f. Non -riparian wetland mitigation requested:
acres
4g. Coastal (tidal) wetland mitigation requested:
acres
4h. Comments: The applicant proposes phased mitigation such that payment will be made 60 days prior to construction of the
proposed impacts for each phase (see phasing description above). Compensatory mitigation is only proposed for permanent
culvert impacts, as riprap will be pressed into the stream bed at the existing grade. A 1:1 mitigation ratio is proposed for
Impact S5 as the feature scores a'Low' using NC SAM. Impacts S1 and S3 are proposed at 2:1 mitigation.
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Page 7 of 11
PCN Form — Version 1.3 December 10, 2008 Version
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation?
❑ Yes ® No
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
Zone
6c.
Reason for impact
6d.
Total impact
(square feet)
Multiplier
6e.
Required mitigation
(square feet)
Zone 1
3 (2 for Catawba)
Zone 2
1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund).
6h. Comments:
Page 8 of 11
PCN Form — Version 1.3 December 10, 2008 Version
E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1.
Diffuse Flow Plan
1a.
Does the project include or is it adjacent to protected riparian buffers identified
❑ Yes ® No
within one of the NC Riparian Buffer Protection Rules?
1 b.
If yes, then is a diffuse flow plan included? If no, explain why.
❑ Yes ❑ No
Comments:
2.
Stormwater Management Plan
2a.
What is the overall percent imperviousness of this project?
>24 %
2b.
Does this project require a Stormwater Management Plan?
® Yes ❑ No
2c.
If this project DOES NOT require a Stormwater Management Plan, explain why:
2d.
If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
Project includes construction of several large, permanent stormwater control measures as depicted on the attached
plans.
® Certified Local Government
2e.
Who will be responsible for the review of the Stormwater Management Plan?
❑ DWQ Stormwater Program
❑ DWQ 401 Unit
3.
Certified Local Government Stormwater Review
3a.
In which local government's jurisdiction is this project?
Concord
® Phase II
❑ NSW
3b.
Which of the following locally -implemented stormwater management programs
❑ USMP
apply (check all that apply):
❑ Water Supply Watershed
❑ Other:
3c. Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ® No
attached?
4.
DWQ Stormwater Program Review
❑ Coastal counties
❑ HQW
4a.
Which of the following state -implemented stormwater management programs apply
❑ ORW
(check all that apply):
❑ Session Law 2006-246
❑ Other:
4b.
Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ❑ No
attached?
5. DWQ 401 Unit Stormwater Review
5a.
Does the Stormwater Management Plan meet the appropriate requirements?
❑ Yes ❑ No
5b.
Have all of the 401 Unit submittal requirements been met?
❑ Yes ❑ No
Page 9 of 11
PCN Form — Version 1.3 December 10, 2008 Version
F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1 a. Does the project involve an expenditure of public (federal/state/local) funds or the
❑ Yes ® No
use of public (federal/state) land?
1 b. If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State
❑ Yes ❑ No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1 c. If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
❑ Yes ❑ No
letter.)
Comments:
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards,
❑ Yes ® No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b. Is this an after -the -fact permit application?
❑ Yes ® No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in
❑ Yes ® No
additional development, which could impact nearby downstream water quality?
3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
4. Sewage Disposal (DWQ Requirement)
4a. Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility.
Project includes construction of on site sanitary sewer and off -site connection to tie into existing facilities.
Page 10 of 11
PCN Form — Version 1.3 December 10, 2008 Version
S. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or
® Yes ❑ No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act
❑ Yes ® No
impacts?
❑ Raleigh
5c. If yes, indicate the USFWS Field Office you have contacted.
❑ Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
A query of the NC Natural Heritage Program was conducted with a summary report included with this documentation. No
occurrences of federally protected species are documented within one mile of the project area. A follow-up field
evaluation of potentially suitable habitats on site was performed with no federally listed species identified within the
project area.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat?
❑Yes ® No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation
❑ Yes ® No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
NC SHPO Web GIS service.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?
❑ Yes ® No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination? FEMA National Flood Hazard Layer
e6h Simone4ax,�
J.
t 7, �(�1
I
Applicant/Agent's Printed Name
Date
Applicant/Agenfs Signature
(Agent's signature is valid only if an authorization letter from the applicant
is orovided.
Page 1 1 of 11
PCN Form — Version 1.3 December 10, 2008 Version
Th-
jig
HE/A"D�WALL
/r(tl N'RCP
PCP
PROFILE
N.T.S.
655
650
mm
640
655
650
645
640
635 635
I
PIPE JOINT
625 625
h
PLAN -0+50 0+00 1+00 1+50
N.T.S.
CULVERT W DETAIL N.T.S. CULVERT W PROFILE AS SHOWN
HEADWALL
1) 30' RCP
PROFILE
N.T.S.
SM
29+00
30+00
SEAFORDE DRIVE CROSSING PROFILE
i 2a j�
7
/ — I
n3 /
655
655
PE:.
aeoJle F /
PROPOSED GRADE
PROPOSED
-
1
WATER LINE
PLINE
667.24'
;
HEADWALL,
650
TYP.
� 1 U2 UPSTREA+A ,
-- AU--
WINDWLL,
650
T2
DD
V
3.4T�
—STING-,6—STINGGPADE
� UPSTREAM
11
(._ —
I
�
,
i
PIPE JOINT
PLAN
N.T.S.
680
o�
675 S _a-z
D' »
qlp z z
670
HEAowAu
11) 30' RCP
11) SB' ROP
665
660 - \
PROFILE
N.T.S.
650 F _
36.79' OF
645 24"RCP.___
@ 1.20%
640
4100
CULVERT U DETAIL
N,T.S.
ASHVALE STREET CROSSING PROFILE
~
✓/
31
\ Ja
870
670
!
PROPOSED GRADE
17
\ VEDETA'
PROPOSED 8'
SETM
PVC SEWER LINE
PROPOSED8'
PVC WATER LINE
865 -___ _-.
HEADWALL, TYP.
- 665
3'
82A
\ _ UPSTREAM'
DOWNSTREAM
5.09,
/ \ \ ! P*GE
\ \ o
INV: IM62
WINGWALL TVP.
\ \ \ POOL —
j
52 UPSTREAM —
660 - _
_ 4.27 66C
_ INV.6 .14
52A
t
UPSTREAM
`
OWNSTREAM
650
645
640
636
630
625
PROPOSED GRADE
PROPOSED 8' — --
PVC SSWR 4NE PROPOSED S'
d 3' PVC WATER LINE
HEADWALL, TYR.
HEADWALL. TYP...
WINGWALL, WINGWALL, TYP.
TYP.
0425 CONSIPAN ARCH
I
UPSTREAM PIPE INVERT:833.20
OOWNSTREAM PIPE �E%ISTIN¢GRADE
INVERT. 03.10
va o0 0$
om ��
650
645
640
635
630
625
-0+50 0+00 1+00 2+00
660
655
650
64
640
636
630
625
620
N �
n�m
12+00
PROPOSED 8' W)
�I
CONTECH 0-
EXISTING 81
¢
13
CULVERT PROFILE 1" = 40' NUTGROVE DRIVE CROSSING PROFILE
i
r �
I- G
N. UPSTREAM _ -V$0 ' PIPE INVERT: v:
633.20
HEADWALL. TVP
/ `WINGWALL
650
645
640
635
830
625
620
615
610
44+G0
j
I
I
I
I
I
�
--- - - _----
-
---- - -
-- - ---- -
-
pEXISTING
--
--- - --- -
-- - - -- --- - -- - ---
-- -
GRADE
w a _
mg 9
i
" ------
�--
_
_
..- —
_---------��'
WETLAND ANTI -SEEP COLLAR.
SEE DETAIL ON SHOT CU-105.
AN'COLLAR.
WETLAND TI-SE
SEE DETAIL ON SH
T CU-105.
j
50337'OF12'PVC®050X
�1010.
eed.00'oFlzPvc�oso°s
�
�
''
94.13'OF 17 PVC
i
i
I
i
�
I
i
45+00 46+00 47+00 48+00 49+00 50+00 51+00 52+W
UNDISTURBED
iw
OPEN SPACE
A�
WETLANDS
_
STREAM -
- -
-
/
BUFFER
-- _ A -
i
SSMH-21
\i
VEGETATED
\
- _ _ -
_ u- sTA.e.as.15
i° T�P•ese,B� -
EXISTING WEfLAND9 - -i-
-
SETBACK
- -
_
_
1,,WETLANDSUF�ER 10,874;15F(025A-)
,. XIS s
%
' _, - - -
_ _ " \ - •. .-..
_.-
_
\ TOBTWGwEuND
wETLAND ANTI -BEEP COLLAR. �
�.`
- - -
- j
SEE DETAIL ON SHEET CLL105. VEGETATIVE
BEi\SACK, TYP.
-
- TOP 626:eY- _ -
i
• .. 30' CLASS II \a -
- -
_� —�
1_
- _
�-
_
I
a
/
j
�'~
/ - y -
+-1
•.,--.-.�.
`.L"-`
PROP 16
_
/ --'4.—�-1—' _
w-,�-r
SEWERFAR
_
47
Sf*00
-
62+06
Un o Ln o Ln
0 o rn rn 00
ti r- c0 co c0
\ ;a
I
\ \\ \ \
\ \ \
\ \ \ \ \ \
\\ \
\ 1
^
\ \ \
\\
\ \
\ \ +
r
\ YO \
\ \ Ln
\
(DI
6 g9a'
6
969
41
t
�
/
LU
QZ
/ !
w '\
+1 0 Go
\
0 0
Lq
dj
Uj
CQ
J- I
CD
0 2
W F-
00
(L a
0 -j
I X
w D
(L ca
I
U
E
r-
m
1p
0
OR
Ln
a) A
`
cn
E
rnrn
0
0
z
0
Lr)
to
F-
ul
Lq
m
m
0
0
LU
-j
LU
uj
co
CAD
F-
9
Ln
r"
tD
rl�
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2019-01341 County: Cabarrus U.S.G.S. Quad: NC- Kannapolis
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Requestor: M/I Homes of Charlotte, LLC
Jeremia Murphy
Address: 5350 77 Center Drive, Suite 100
Charlotte, NC 28217
Telephone Number: 704-5974571
E-mail: imurphyAmihomes.com
Size (acres) 165 Nearest Town Concord
Nearest Waterway Rocky River River Basin Upper Pee Dee
USGS HUC 03040105 Coordinates Latitude: 35.421536
Longitude:-80.717368
Location description: The review area is located 0.476 miles West of the intersection of Odell School Road and Idlewild Drive in
Cabarrus Countv. PIN(s): 46817272340000. 46817143160000. and 46910304840000.
Indicate Which of the Following A
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 6/20/2019. Therefore
this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory
mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection
measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any
way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an
appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may
request an approved JD, which is an appealable action, by contacting the Corps district for further instruction.
❑ There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404
of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403).
However, since the waters, including wetlands have not been properly delineated, this preliminary jurisdiction determination
may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is
merely an effective presumption of CWA/RHA jurisdiction over all of the waters, including wetlands at the project area, which
is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters,
including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland
delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps.
B. Approved Determination
❑ There are Navigable Waters of the United States within the above described project area/property subject to the permit
requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act
(CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for
a period not to exceed five years from the date of this notification.
❑ There are waters, including wetlands on the above described project area/property subject to the permit requirements of Section
404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
❑ We recommend you have the waters, including wetlands on your project area/property delineated. As the Corps may not be
able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that
can be verified by the Corps.
SAW-2019-01341
❑ The waters, including wetlands on your project area/property have been delineated and the delineation has been verified by
the Corps. The approximate boundaries of these waters are shown on the enclosed delineation map dated DATE. We strongly
suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once
verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided
there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years.
❑ The waters, including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the
Corps Regulatory Official identified below on DATE. 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 Catherine M. Janiczak at 704-510-1438 or
Catherine.M.Janiczak(a,usace.army.mil.
C. Basis For Determination: Basis For Determination: See the preliminary jurisdictional determination
form dated 8/20/2019.
D. Remarks: None.
E. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site
identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security
Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request
a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work.
F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B.
above)
This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this
determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a
Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you
must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Jason Steele, Review Officer
60 Forsyth Street SW, Room 1OM15
Atlanta, Georgia 30303-8801
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal
under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you
decide to submit an RFA form, it must be received at the above address by Not applicable.
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.**
Corps Regulatory Official: f,`.
Date of JD: 8/20/2019 Expiration Date of JD: Not applicable
SAW-2019-01341
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.anny.mil/cm_apex/Vp= l 36:4:0
Copy furnished:
Agent:
Wetlands & Waters, Inc.
Perry Isner
Address:
7917 Sherrills Ford Road
Sherrills Ford, NC 28673
Telephone Number:
704-773-4239
E-mail:
Perry.isner(a)gmail.com
Property Owner: RUC Holdings, ULC
Adam J. Morman
Address: 144-41' 2111 St. Floor Ave SW
Calgary, Alberta, Canada T2P
Telephone Number: 571-297-9071
E-mail: AMorman(a,walton.com
NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: M/I Homes of Charlotte, LLC, Jeremia
File Number: SAW-2019-01341 --J-Date:
8/20/2019
Murphy
Attached
is:
See Section below
F11
INITIAL PROFFERED PERMIT Standard Permit or Letter ofpermission)
A
❑
PROFFERED PERMIT Standard Permit or Letter ofpermission)
B
PERMIT DENIAL
C
❑
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.aimy.miI/Missions/CivilWorks/Re ulatoryProgramandPermits.aspx
or the 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 INFORMA'
If you have questions regarding this decision and/or the
appeal process you may contact:
District Engineer, Wilmington Regulatory Division
Attn: Catherine M. Janiczak
Charlotte Regulatory Office
U.S Army Corps of Engineers
8430 University Executive Park Drive, Suite 615
Charlotte, North Carolina 28262
If you only have questions regarding the appeal process you may
also contact:
Mr. Jason Steele, Administrative Appeal Review Officer
CESAD-PDO
U.S. Army Corps of Engineers, South Atlantic Division
60 Forsyth Street, Room 1 OM 15
Atlanta, Georgia 30303-8801
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 opportunity to participate in all site investigations.
Date: I Telephone number:
of appellant or
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: Catherine M. Janiczak, 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. Jason Steele, Administrative Appeal
Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8801
Phone: (404) 562-5137
PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD: 8/20/2019
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: M/1 Homes of Charlotte, LLC, Jeremia Murphy, 5350
77 Center Drive, Suite 100,Charlotte, NC 28217
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, MI Homes Annesborough Park
PJD, SAW-2019-01341
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The review area is located 0.476 miles
West of the intersection of Odell School Road and Idlewild Drive in Cabarrus County. PIN(s): 46817272340000,
46817143160000, and 46910304840000.
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR
AQUATIC RESOURCES AT DIFFERENT SITES)
State: NC County: Cabarrus City: Concord
Center coordinates of site (lat/long in degree decimal format): Latitude: 35.421536 Longitude:-80.717368
Universal Transverse Mercator:
Name of nearest waterbody: Rocky River
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
❑ Office (Desk) Determination. Date:
® Field Determination. Date(s): 07/30/2019
TABLE OFAQUATIC RESOURCES INREVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY
JURISDICTION.
Estimated amount of
Geographic authority to
Type of aquatic
Latitude (decimal
Longitude (decimal
aquatic resources in
resources (i.e.,
which the aquatic resource
Site Number
review area (acreage
"may be" subject (i.e.,
degrees)
degrees)
wetland vs. non -
and linear feet, if
wetland waters)
Section 404 or Section
applicable
10/404)
Tributary
35.422076
-80.718105
2819 linear feet
Non -wetland
Sec. 404
i
Tributary
35.419732
-80.718942
2056 linear feet
Non -wetland
Sec. 404
2
Tributary
35.421939
-80.718509
796 linear feet
Non -wetland
Sec. 404
3
Tributary
35.419318
-80.718493
3411 linear feet
Non -wetland
Sec. 404
4
Pond 1
35.423650
-80.713965
1.74 acres
Non -wetland
Sec. 404
Wetland
35.424632
-80.713933
0.11 acres
Wetland
Sec. 404
100
Wetland
35.423612
-80.713147
0.05 acres
Wetland
Sec. 404
200
Wetland
35,420098
-80.718537
0.58 acres
Wetland
Sec. 404
300
Estimated amount of
Geographic authority to
Type of aquatic
aquatic resources in
which the aquatic resource
Latitude (decimal
Longitude (decimal
resources (i.e.,
Site Number
review area (acreage
"may be" subject (i.e.,
degrees)
degrees)
wetland vs. non-
and linear feet, if
Section 404 or Section
wetland waters)
applicable
10/404)
Wetland
35.422435
-80.718887
0.02 acres
Wetland
Sec. 404
400
Wetland
35.421226
-80.712045
0.02 acres
Wetland
Sec. 404
500
Wetland
35.420222
-80.710874
0.003 acres
Wetland
Sec. 404
600
Wetland
35.420571
-80.713411
0.15 acres
Wetland
Sec. 404
700
Wetland
35.421041
-80.714264
0.025 acres
Wetland
Sec. 404
800
Wetland
35.419210
-80.717559
0.52 acres
Wetland
Sec. 404
900
Wetland
35.417894
-80.721357
0.61 acres
Wetland
Sec. 404
1000
Wetland
35.420452
-80.713899
0.008 acres
Wetland
Sec. 404
1100
Tributary
35.422737
-80.719020
285 linear feet
Non -wetland
Sec. 404
I-1
Tributary
35.423569
-80.714442
86 linear feet
Non -wetland
Sec. 404
1-2
Tributary
35.423403
-80.714399
93 linear feet
Non -wetland
Sec. 404
1-3
Tributary
35.421063
-80.712198
367 linear feet
Non -wetland
Sec. 404
1-4
Tributary
35.420222
-80.710718
57 linear feet
Non -wetland
Sec. 404
1-5
Tributary
35.420481
-80.715077
93 linear feet
Non -wetland
Sec. 404
1-6
1) The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review
area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an
approved JD (AJD) for that review area based on an informed decision after having discussed the
various types of JDs and their characteristics and circumstances when they may be appropriate.
2) In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General
Permit (NWP) or other general permit verification requiring "pre- construction notification" (PCN), or
requests verification for a non -reporting NWP or other general permit, and the permit applicant has
not requested an AJD for the activity, the permit applicant is hereby made aware that: (1) the permit
applicant has elected to seek a permit authorization based on a PJD, which does not make an official
determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AJD
before accepting the terms and conditions of the permit authorization, and that basing a permit
authorization on an AJD could possibly result in less compensatory mitigation being required or
different special conditions; (3) the applicant has the right to request an individual permit rather than
accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant
can accept a permit authorization and thereby agree to comply with all the terms and conditions of that
permit, including whatever mitigation requirements the Corps has determined to be necessary; (5)
undertaking any activity in reliance upon the subject permit authorization without requesting an AJD
constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g.,
signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps
permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area
affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such
jurisdiction in any administrative or judicial compliance or enforcement action, or in any
administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AJD
or a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered individual
permit (and all terms and conditions contained therein), or individual permit denial can be
administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it
becomes appropriate to make an official determination whether geographic jurisdiction exists over
aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic
resources in the review area, the Corps will provide an AJD to accomplish that result, as soon as is
practicable. This PJD finds that there "may be" waters of the U.S. and/or that there "may be"
navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the
review area that could be affected by the proposed activity, based on the following information:
SUPPORTING DATA. Data reviewed for PJD (check all that apply)
Checked items should be included in subject file. Appropriately reference sources below where
indicated for all checked items:
® Maps, plans, plots or plat submitted by or on behalf of the PJD requestor:
Map: Annsborough Park Site (Dated 06/20/2019)_
® Data sheets prepared/submitted by or on behalf of the PJD requestor.
® Office concurs with data sheets/delineation report.
❑ Office does not concur with data sheets/delineation report. Rationale:
❑ Data sheets prepared by the Corps:
❑ Corps navigable waters' study:
❑ U.S. Geological Survey Hydrologic Atlas:
❑ USGS NHD data.
❑ USGS 8 and 12 digit HUC maps.
® U.S. Geological Survey map(s). Cite scale & quad name: 1:24000 Kannapolis_
® Natural Resources Conservation Service Soil Survey. Citation: NRCS Soil Survey ESRI Mapservice
® National wetlands inventory map(s). Cite name: NWI Mapservice
❑ State/local wetland inventory map(s):
® FEMA/FIRM maps: NFHL Mapservice
❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929)
® Photographs: ®Aerial (Name & Date): Figure 3 (Dated 06/20/2019)
or ®Other (Name & Date): Photopages (Dated 06/19/2019)
❑ Previous determination(s). File no. and date of response letter:
❑ Other information (please specify):
IMPORTANT NOTE: The information recorded on this form has not necessarily been
verified by the Corps and should not be relied upon for later jurisdictional determinations.
Signature and date of R latory�
staff member completing PJD
8/20/2019
Signature and date of person requesting PJD
(REQUIRED, unless obtaining the signature is
impracticable)1
1 Districts may establish timeframes for requester to return signed PJD forms. If the requester does not respond within the
established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an
action.
Owner /
Potential Non -Wetland
Waters of the US
WETLANDS
Pond
acZO��
VM -WATERS, INC.
1.74
Project
Develo er MI Homes
Name:
Annsborough Park Site
Cityl County:
Town: Concord Cabarrus
State:
NC
Tax
PINS:
46910304840000,468172723400D0,46817143160000,46819461530000
Coordinates (Lat/Long) AIDI
35.421536,-80.71736 ORI
unknown/tbd
Scale: Date:
1 inch = 350 feet 06/20/19
I
Potential Non -Wetland
Waters of the US
Tributary 1-1
285 LF
Potential Wetland Waters
of the US
Wetland 400
0.02 ac
Potential Wetland Waters
of the US
Wetland 1000
0.61 ac
P3
�— 350 ft —►I
N I inch = 350 feet
P4
Potential Wetland Waters
of the US
Wetland 300
0.58 ac
Potential Non -Wetland
Waters of the US
Tributary 3
796 LF
Paired
Dataforms
DF1 & DF2
Potential Non -Wetland
Waters of the US
Tributary 1-2
86 LF
Potential Non -Wetland
Waters of the US
Tributary 1-3
93 LF
Potential Non -Wetland
Waters of the US
Tributary 1
2,819 LF
SF1
Potential Wetland Waters
of the US
Potential Wetland Waters
p1
Wetland 800
of the US
0.025 ac
Wetland 700
0.15 ac
PJ2
O'
Potential Non -Wetland
Ap
Waters of the US
�,..-. •1 �,i•"
Tributary 2
i
2,056 LF
Potential Wetland Waters
of the US
Wetland 900
0.52 ac
/ \
Potential Wetland Waters
\\l
of the US
Wetland 1100
Potential Non -Wetland
0.008 ac
Waters of the US
Tributary 4
3,411 LF
Potential Non -Wetland
Waters of the US
Tributary 1-6
93 LF
Potential Wetland Waters
of the US
Wetland 100
0.11 ac
Potential Wetland Waters
of the US
Wetland 200
0.05 ac
Potential Wetland Water:
of the US
Wetland 500
0.02 ac
Potential Non-Wetlan
Waters of the US
Tributary 1-4
367 LF
Potential Non-Wetlal
Waters of the US
Tributary 1-5
57 LF
Potential Wetland Waters
of the US
Wetland 600
0.003 ac
"Wetland Sketch provided for illustrative purposes for preliminary planning use only. Not intended
to be relied upon for exact location, dimensions, or orientation. All findings and assessments made
by wetland consultants regarding limits of jurisdiction or permitting requirements are subject to
verification by the US Army Corps of Engineers and other appropriate state and local authorities.
C`,:IFF
Jeremia Murphy
M/I Homes of Charlotte, LLC
5350 Seventy -Seven Center Drive
Charlotte, NC 28217
Project: Annsborough Park SD
'H CA
c -, vironmentai Qo
February 17, 2021
Expiration of Acceptance: 8/17/2021
County: Cabarrus
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-di it HUC
Impact Type
Impact Quantity
Yadkin
03040105
Warm Stream
241
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.Williams@ncdenr.gov.
Sincerely,
FOR James. B Stanfill
Asset Management Supervisor
cc: Perry Isner, agent
NC SAM FIELD ASSESSMENT RESULTS
user manual version c.i
USACE AID #: NCDWR #:
INSTRUCTIONS: Attach a sketch of the assessment area and photographs. Attach a copy of the USGS 7.5-minute topographic quadrangle,
and circle the location of the stream reach under evaluation. If multiple stream reaches will be evaluated on the same property, identify and
number all reaches on the attached map, and include a separate form for each reach. See the NC SAM User Manual for detailed descriptions
and explanations of requested information. Record in the "Notes/Sketch" section if supplementary measurements were performed. See the
NC SAM User Manual for examples of additional measurements that may be relevant.
NOTE EVIDENCE OF STRESSORS AFFECTING THE ASSESSMENT AREA (do not need to be within the assessment area).
PROJECT/SITE INFORMATION:
1. Project name (if any): Annsborough Park 2. Date of evaluation: 01/25/21
3. Applicant/owner name: M/I Homes 4. Assessor name/organization: P. Isner, C. Huysman
5. County: Cabarrus 6. Nearest named water body
7. River basin: Yadkin-PeeDee on USGS 7.5-minute quad: Rocky River
8. Site coordinates (decimal degrees, at lower end of assessment reach): 35.42215-80.72056
STREAM INFORMATION: (depth and width can be approximations)
Trib 1-1 (Impact
9. Site number (show on attached map): S5,S6) 10. Length of assessment reach evaluated (feet): 125
11. Channel depth from bed (in riffle, if present) to top of bank (feet): 0.5 El Unable to assess channel depth.
12. Channel width at top of bank (feet): 2 13. Is assessment reach a swamp steam? ❑Yes []No
14. Feature type: ❑Perennial flow ®Intermittent flow ❑Tidal Marsh Stream
STREAM CATEGORY INFORMATION:
15. NC SAM Zone: ❑ Mountains (M) ® Piedmont (P) ❑ Inner Coastal Plain (1) ❑ Outer Coastal Plain (0)
16. Estimated geomorphic ❑A` ®B
valley shape (skip for
Tidal Marsh Stream): (more sinuous stream, flatter valley slope) (less sinuous stream, steeper valley slope)
17. Watershed size: (skip ®Size 1 (< 0.1 mi2) ❑Size 2 (0.1 to < 0.5 mil) []Size 3 (0.5 to < 5 mil) []Size 4 (>_ 5 mil)
for Tidal Marsh Stream)
ADDITIONAL INFORMATION:
18. Were regulatory considerations evaluated? ®Yes ❑No If Yes, check all that apply to the assessment area.
❑Section 10 water El Classified Trout Waters ❑Water Supply Watershed (01 011 ❑111 ❑IV ❑V)
❑Essential Fish Habitat El Primary Nursery Area ❑ High Quality Waters/Outstanding Resource Waters
❑Publicly owned property ❑NCDWR Riparian buffer rule in effect []Nutrient Sensitive Waters
❑Anadromous fish ❑303(d) List ❑CAMA Area of Environmental Concern (AEC)
El Documented presence of a federal and/or state listed protected species within the assessment area.
List species:
[I Designated Critical Habitat (list species)
19. Are additional stream information/supplementarM measurements included in "Notes/Sketch" section or attached? ❑Yes ®No
1. Channel Water- assessment reach metric (skip for Size 1 streams and Tidal Marsh Streams)
®A Water throughout assessment reach.
❑B No flow, water in pools only.
❑C No water in assessment reach.
2. Evidence of Flow Restriction - assessment reach metric
❑A At least 10% of assessment reach in -stream habitat or riffle -pool sequence is severely affected by a flow restriction or fill to the
point of obstructing flow or a channel choked with aquatic macrophytes or ponded water or impoundment on flood or ebb within
the assessment reach (examples: undersized or perched culverts, causeways that constrict the channel, tidal gates, debris jams,
beaver dams).
®B Not
3. Feature Pattern - assessment reach metric
❑A A majority of the assessment reach has altered pattern (examples: straightening, modification above or below culvert).
®B Not
4. Feature Longitudinal Profile - assessment reach metric
®A Majority of assessment reach has a substantially altered stream profile (examples: channel down -cutting, existing damming, over
widening, active aggradation, dredging, and excavation where appropriate channel profile has not reformed from any of these
disturbances).
❑B Not
5. Signs of Active Instability - assessment reach metric
Consider only current instability, not past events from which the stream has currently recovered. Examples of instability include
active bank failure, active channel down -cutting (head -cut), active widening, and artificial hardening (such as concrete, gabion, rip -rap).
❑A < 10% of channel unstable
❑B 10 to 25% of channel unstable
®C > 25% of channel unstable
6. Streamside Area Interaction — streamside area metric
Consider for the Left Bank (LB) and the Right Bank (RB).
LB RB
❑A ❑A
Little or no evidence of conditions that adversely affect reference interaction
❑B ❑B
Moderate evidence of conditions (examples: berms, levees, down -cutting, aggradation, dredging) that adversely affect
reference interaction (examples: limited streamside area access, disruption of flood flows through streamside area, leaky
or intermittent bulkheads, causeways with floodplain constriction, minor ditching [including mosquito ditching])
®C ®C
Extensive evidence of conditions that adversely affect reference interaction (little to no flood plainfinter idal zone access
[examples: causeways with floodplain and channel constriction, bulkheads, retaining walls, fill, stream incision, disruption
of flood flows through streamside area] or too much floodplain/intertidal zone access [examples: impoundments, intensive
mosquito ditching]) or floodplain/intertidal zone unnaturally absent or assessment reach is a man-made feature on an
interstream divide
Water Quality Stressors — assessment reach/intertidal zone metric
Check all that apply.
❑A Discolored water in stream or intertidal zone (milky white, blue, unnatural water discoloration, oil sheen, stream foam)
❑B Excessive sedimentation (burying of stream features or intertidal zone)
❑C Noticeable evidence of pollutant discharges entering the assessment reach and causing a water quality problem
❑D Odor (not including natural sulfide odors)
❑E Current published or collected data indicating degraded water quality in the assessment reach. Cite source in "Notes/Sketch"
section.
❑F Livestock with access to stream or intertidal zone
❑G Excessive algae in stream or intertidal zone
❑H Degraded marsh vegetation in the intertidal zone (removal, burning, regular mowing, destruction, etc)
❑I Other: (explain in "Notes/Sketch" section)
®J Little to no stressors
8. Recent Weather — watershed metric (skip for Tidal Marsh Streams)
For Size 1 or 2 streams, D1 drought or higher is considered a drought; for Size 3 or 4 streams, D2 drought or higher is considered a drought.
❑A Drought conditions and no rainfall or rainfall not exceeding 1 inch within the last 48 hours
❑B Drought conditions and rainfall exceeding 1 inch within the last 48 hours
®C No drought conditions
9. Large or Dangerous Stream — assessment reach metric
❑Yes ®No Is stream is too large or dangerous to assess? If Yes, skip to Metric 13 (Streamside Area Ground Surface Condition).
10. Natural In -stream Habitat Types — assessment reach metric
10a. ❑Yes [I No Degraded in -stream habitat over majority of the assessment reach (examples of stressors include excessive
sedimentation, mining, excavation, in -stream hardening [for example, rip -rap], recent dredging, and snagging)
(evaluate for Size 4 Coastal Plain streams only, then skip to Metric 12)
10b. Check all
that occur (occurs if > 5% coverage of assessment reach)
(skip for Size 4 Coastal Plain streams)
❑A
Multiple aquatic macrophytes and aquatic mosses
5 N
❑F
5% oysters or other natural hard bottoms
(include liverworts, lichens, and algal mats)
F E
❑G
Submerged aquatic vegetation
❑B
Multiple sticks and/or leaf packs and/or emergent
w �'i,
❑H
Low -tide refugia (pools)
vegetation
x r3
❑I
Sand bottom
❑C
Multiple snags and logs (including lap trees)
L o
❑J
5% vertical bank along the marsh
❑D
5% undercut banks and/or root mats and/or roots
2
❑K
Little or no habitat
in banks extend to the normal wetted perimeter
®E
Little or no habitat
REMAINING QUESTIONS ARE NOT APPLICABLE FOR TIDAL MARSH STREAMS
11. Bedform and Substrate — assessment reach metric (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams)
11a. ❑Yes ®No Is assessment reach in a natural sand -bed stream? (skip for Coastal Plain streams)
11 b. Bedform evaluated. Check the appropriate box(es).
®A Riffle -run section (evaluate 11c)
❑B Pool -glide section (evaluate 11d)
❑C Natural bedform absent (skip to Metric 12, Aquatic Life)
11 c. In riffle sections, check all that occur below the normal wetted perimeter of the assessment reach — whether or not submerged. Check
at least one box in each row (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams). Not Present (NP) = absent, Rare
(R) = present but < 10%, Common (C) _ > 10-40%, Abundant (A) _ > 40-70%, Predominant (P) _ > 70%. Cumulative percentages
should not exceed 100% for each assessment reach.
NP R C A P
® ❑ ❑ ❑ ❑ Bedrock/saprolite
® ❑ ❑ ❑ ❑ Boulder (256 — 4096 mm)
❑ ® ❑ ❑ ❑ Cobble (64 — 256 mm)
❑ ❑ ® ❑ ❑ Gravel (2 — 64 mm)
❑ ❑ ® ❑ ❑ Sand (.062 — 2 mm)
❑ ❑ ® ❑ ❑ Silt/clay (< 0.062 mm)
O ® ❑ ❑ ❑ Detritus
® ❑ ❑ ❑ ❑ Artificial (rip -rap, concrete, etc.)
11d. []Yes []No Are pools filled with sediment? (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams)
12. Aquatic Life — assessment reach metric (skip for Tidal Marsh Streams)
12a. ®Yes ❑No Was an in -stream aquatic life assessment performed as described in the User Manual?
If No, select one of the following reasons and skip to Metric 13. ❑No Water [I Other:
12b. []Yes ®No Are aquatic organisms present in the assessment reach (look in riffles, pools, then snags)? If Yes, check all that
apply. If No, skip to Metric 13.
1 >1 Numbers over columns refer to "individuals" for Size 1 and 2 streams and "taxa" for Size 3 and 4 streams.
❑ []Adult frogs
❑ []Aquatic reptiles
❑ []Aquatic macrophytes and aquatic mosses (include liverworts, lichens, and algal mats)
❑ ❑Beetles
❑ ❑Caddisfly larvae (T)
❑ ❑Asian clam (Corbicula)
❑ ❑Crustacean (isopod/a mph ipod/crayfish/shrimp)
❑ ❑Damselfly and dragonfly larvae
❑ ❑Dipterans
❑ El Mayfly larvae (E)
❑ ❑Megaloptera (alderfly, fishfly, dobsonfly larvae)
❑ ❑Midges/mosquito larvae
❑ El Mosquito fish (Gambusia) or mud minnows (Umbra pygmaea)
❑ ❑Mussels/Clams (not Corbicula)
❑ El Other fish
❑ ❑Salamanders/tadpoles
❑ ❑Snails
❑ ❑Stonefly larvae (P)
❑ ❑Tipulid larvae
❑ ❑Worms/leeches
13. Streamside Area Ground Surface Condition — streamside area metric (skip for Tidal Marsh Streams and B valley types)
Consider for the Left Bank (LB) and the Right Bank (RB). Consider storage capacity with regard to both overbank flow and upland runoff.
LB RB
❑A ❑A Little or no alteration to water storage capacity over a majority of the streamside area
®B ®B Moderate alteration to water storage capacity over a majority of the streamside area
❑C ❑C Severe alteration to water storage capacity over a majority of the streamside area (examples: ditches, fill, soil compaction,
livestock disturbance, buildings, man-made levees, drainage pipes)
14. Streamside Area Water Storage — streamside area metric (skip for Size 1 streams, Tidal Marsh Streams, and B valley types)
Consider for the Left Bank (LB) and the Right Bank (RB) of the streamside area.
LB RB
❑A ❑A Majority of streamside area with depressions able to pond water >_ 6 inches deep
❑B ❑B Majority of streamside area with depressions able to pond water 3 to 6 inches deep
®C ®C Majority of streamside area with depressions able to pond water < 3 inches deep
15. Wetland Presence — streamside area metric (skip for Tidal Marsh Streams)
Consider for the Left Bank (LB) and the Right Bank (RB). Do not consider wetlands outside of the streamside area or within the normal
wetted perimeter of assessment reach.
LB RB
❑Y ❑Y Are wetlands present in the streamside area?
ON ON
16. Baseflow Contributors — assessment reach metric (skip for Size 4 streams and Tidal Marsh Streams)
Check all contributors within the assessment reach or within view of and draining to the assessment reach.
❑A Streams and/or springs (jurisdictional discharges)
❑B Ponds (include wet detention basins; do not include sediment basins or dry detention basins)
❑C Obstruction passing flow during low -flow periods within the assessment area (beaver dam, leaky dam, bottom -release dam, weir)
❑D Evidence of bank seepage or sweating (iron in water indicates seepage)
❑E Stream bed or bank soil reduced (dig through deposited sediment if present)
OF None of the above
17. Baseflow Detractors — assessment area metric (skip for Tidal Marsh Streams)
Check all that apply.
❑A Evidence of substantial water withdrawals from the assessment reach (includes areas excavated for pump installation)
❑B Obstruction not passing flow during low -flow periods affecting the assessment reach (ex: watertight dam, sediment deposit)
El Urban stream 0! 24% impervious surface for watershed)
❑D Evidence that the streamside area has been modified resulting in accelerated drainage into the assessment reach
❑E Assessment reach relocated to valley edge
OF None of the above
18. Shading — assessment reach metric (skip for Tidal Marsh Streams)
Consider aspect. Consider "leaf -on" condition.
®A Stream shading is appropriate for stream category (may include gaps associated with natural processes)
❑B Degraded (example: scattered trees)
❑C Stream shading is gone or largely absent
19. Buffer Width — streamside area metric (skip for Tidal Marsh Streams)
Consider "vegetated buffer" and "wooded buffer" separately for left bank (LB) and right bank (RB) starting at the top of bank out
to the first break.
Vegetated Wooded
LB RB LB RB
®A ®A ❑A ❑A >_ 100 feet wide or extends to the edge of the watershed
❑B ❑B ❑B ❑B From 50 to < 100 feet wide
❑C ❑C ®C ❑C From 30 to < 50 feet wide
❑D ❑D ❑D ®D From 10 to < 30 feet wide
❑E ❑E ❑E ❑E < 10 feet wide or no trees
20. Buffer Structure — streamside area metric (skip for Tidal Marsh Streams)
Consider for left bank (LB) and right bank (RB) for Metric 19 ("Vegetated" Buffer Width).
LB RB
❑A ❑A Mature forest
®B ®B Non -mature woody vegetation or modified vegetation structure
❑C ❑C Herbaceous vegetation with or without a strip of trees < 10 feet wide
❑D ❑D Maintained shrubs
❑E ❑E Little or no vegetation
21. Buffer Stressors — streamside area metric (skip for Tidal Marsh Streams)
Check all appropriate boxes for left bank (LB) and right bank (RB). Indicate if listed stressor abuts stream (Abuts), does not abut but is
within 30 feet of stream (< 30 feet), or is between 30 to 50 feet of stream (30-50 feet).
If none of the following stressors occurs on either bank, check here and skip to Metric 22:
Abuts < 30 feet 30-50 feet
LB RB LB RB LB RB
❑A ❑A ❑A ❑A ❑A ❑A Row crops
❑B ❑B ❑B El ❑B ❑B Maintained turf
❑C ❑C ❑C ❑C ❑C ❑C Pasture (no livestock)/commercial horticulture
El ❑D ❑D El ❑D ❑D Pasture (active livestock use)
22. Stem Density — streamside area metric (skip for Tidal Marsh Streams)
Consider for left bank (LB) and right bank (RB) for Metric 19 ("Wooded" Buffer Width).
LB RB
®A ®A Medium to high stem density
❑B ❑B Low stem density
❑C ❑C No wooded riparian buffer or predominantly herbaceous species or bare ground
23. Continuity of Vegetated Buffer — streamside area metric (skip for Tidal Marsh Streams)
Consider whether vegetated buffer is continuous along stream (parallel). Breaks are areas lacking vegetation > 10 feet wide.
LB RB
®A ®A The total length of buffer breaks is < 25 percent.
❑B ❑B The total length of buffer breaks is between 25 and 50 percent.
❑C ❑C The total length of buffer breaks is > 50 percent.
24. Vegetative Composition — streamside area metric (skip for Tidal Marsh Streams)
Evaluate the dominant vegetation within 100 feet of each bank or to the edge of the watershed (whichever comes first) as it contributes to
assessment reach habitat.
LB RB
❑A ❑A Vegetation is close to undisturbed in species present and their proportions. Lower strata composed of native species,
with non-native invasive species absent or sparse.
❑B ❑B Vegetation indicates disturbance in terms of species diversity or proportions, but is still largely composed of native
species. This may include communities of weedy native species that develop after clear -cutting or clearing or
communities with non-native invasive species present, but not dominant, over a large portion of the expected strata or
communities missing understory but retaining canopy trees.
®C ®C Vegetation is severely disturbed in terms of species diversity or proportions. Mature canopy is absent or communities
with non-native invasive species dominant over a large portion of expected strata or communities composed of planted
stands of non -characteristic species or communities inappropriately composed of a single species or no vegetation.
25. Conductivity — assessment reach metric (skip for all Coastal Plain streams)
25a. ❑Yes ®No Was conductivity measurement recorded?
If No, select one of the following reasons. ❑No Water ❑Other:
25b. Check the box corresponding to the conductivity measurement (units of microsiemens per centimeter).
❑A < 46 ❑B 46 to < 67 ❑C 67 to < 79 ❑D 79 to < 230 ❑E z 230
Notes/Sketch:
Draft NC SAM Stream Rating Sheet
Accompanies User Manual Version 2.1
Stream Site Name Annsborough Park
Stream Category Pb1
Date of Assessment 01/25/21
Assessor Name/Organization P. Isner, C. Huysman
Notes of Field Assessment Form (Y/N) NO
Presence of regulatory considerations (Y/N) NO
Additional stream information/supplementary measurements included (Y/N) NO
NC SAM feature type (perennial, intermittent, Tidal Marsh Stream) Intermittent
USACE/
NCDWR
Function Class Rating Summary
All Streams
Intermittent
(1) Hydrology
LOW
LOW
(2) Baseflow
HIGH
HIGH
(2) Flood Flow
LOW
LOW
(3) Streamside Area Attenuation
LOW
LOW
(4) Floodplain Access
LOW
LOW
(4) Wooded Riparian Buffer
MEDIUM
MEDIUM
(4) Microtopography
NA
NA
(3) Stream Stability
LOW
LOW
(4) Channel Stability
LOW
LOW
(4) Sediment Transport
MEDIUM
MEDIUM
(4) Stream Geomorphology
MEDIUM
MEDIUM
(2) Stream/Intertidal Zone Interaction
NA
NA
(2) Longitudinal Tidal Flow
NA
NA
(2) Tidal Marsh Stream Stability
NA
NA
(3) Tidal Marsh Channel Stability
NA
NA
(3) Tidal Marsh Stream Geomorphology
NA
NA
(1) Water Quality
HIGH
HIGH
(2) Baseflow
HIGH
HIGH
(2) Streamside Area Vegetation
HIGH
HIGH
(3) Upland Pollutant Filtration
HIGH
HIGH
(3) Thermoregulation
HIGH
HIGH
(2) Indicators of Stressors
NO
NO
(2) Aquatic Life Tolerance
HIGH
NA
(2) Intertidal Zone Filtration
NA
NA
(1) Habitat
LOW
LOW
(2) In -stream Habitat
LOW
LOW
(3) Baseflow
HIGH
HIGH
(3) Substrate
MEDIUM
MEDIUM
(3) Stream Stability
LOW
LOW
(3) In -stream Habitat
LOW
LOW
(2) Stream -side Habitat
MEDIUM
MEDIUM
(3) Stream -side Habitat
LOW
LOW
(3) Thermoregulation
HIGH
HIGH
(2) Tidal Marsh In -stream Habitat
NA
NA
(3) Flow Restriction
NA
NA
(3) Tidal Marsh Stream Stability
NA
NA
(4) Tidal Marsh Channel Stability
NA
NA
(4) Tidal Marsh Stream Geomorphology
NA
NA
(3) Tidal Marsh In -stream Habitat
NA
NA
(2) Intertidal Zone
NA
NA
Overall
LOW
LOW
WA
WETLANDS
J- & WATERS, INC.
Mr. Jeremia Murphy December 11, 2020
M/I Homes of Charlotte
5350 77 Center Drive, Suite 100
Charlotte, NC 28217
RE: Threatened and Endangered Species Evaluation
Annsborough Park and Mite Sewer Extension
Cabarrus County, NC
PIN:46910304840000,46910412380000,46819461530000,46910147030000,
46910102070000, 46817272340000,46817143160000; Partial Review: 46816039840000,
46815045480000,46815035180000,46815025020000,46815021860000,46815025020000,
46815021860000,46815005050000,46815011550000,46814093780000,46804989310000,
46804925920000
Mr. Murphy,
Wetlands & Waters, Inc. (W&W) has completed a cursory evaluation of the above referenced property
assemblage (hereafter referred to as "review area") for the purposes of determining the presence or
absence of Federal threatened and endangered species and the presence of suitable habitat for those
species. Evaluation of the review area included a desktop review for known species and critical habitat
occurrences within or in close proximity to the project area, field reviews of known extant populations of
rare species prior to onsite field surveys, and onsite field surveys designed to evaluate potentially suitable
habitat and occurrences of species known to exist in Cabarrus County. Should future project -related
impacts be necessary, this report may be used by the U.S. Army Corps of Engineers (or other Lead
Federal Agency) to determine if additional coordination will be required to satisfy requirements of the
Endangered Species Act.
The review area is located 0.5 miles west of the intersection of Odell School Road and Idlewild Drive in
Concord, NC. Figure 1 depicts the review area for the purpose of this report.
All potentially suitable habitat for Federal listed species known to occur in Cabarrus County was
evaluated for species occurrences. Field surveys were performed September 10, September 14, and
October 1, 2020. Photographs documenting reference populations and existing site conditions are
included in Attachment A. No Federal threatened or endangered species were identified in the review
area, and no designated Critical Habitat occurs within the review area. The following report details the
resources and methodologies used to make this determination.
References and Pre -Survey Protocol
W&W referenced the U.S. Fish & Wildlife Service (USFWS) list of Endangered, Threatened, and
Candidate Species known to occur in Cabarrus County, NC (Table 1) and utilized the USFWS
Information for Planning and Consultation (IPaQ system to generate an official species list (Attachment
B) to identify threatened and endangered species and proposed and final designated critical habitat that
may occur within the review area and/or may be affected by proposed development within the review
area. Additionally, the North Carolina Natural Heritage Program (NCNHP) database (Attachment C) was
Wetlands & Waters, Inc.
WETLAND AND ENVIRONMENTAL CONSULTANTS
WETLANDS
& WATERS, INC.
consulted to identify natural heritage resources within or in close proximity to the review area.
Collectively, these resources were used to develop limiting criteria for the field evaluation.
Table 1
Endangered (E) and Threatened (T) Species in Cabarrus County, North Carolina
Species
Federal Record Status
Status
Common Name
Scientific Name
Bald Eagle
Haliaeetus
BGPA'
Current2
leucoce halus
Northern Long -Eared
Myotis septentrionalis
T
Probable/Potential3
Bat
Carolina Heelsplitter
Lasmigona decorata
E
Probable/Potential
Schweinitz's Sunflower
I Helianthus schweinitzii
E
Current
Prior to conducting field evaluations, W&W staff review USFWS published data to validate diagnostic
characteristics for the subject species. When practical, known populations of Federal threatened and
endangered species are referenced in a non -intrusive manner for confirmation of seasonal growth
progress, diagnostic features, and behavioral characteristics.
Species and Habitat Descriptions
Following are abbreviated habitat descriptions of species with federal protection listed by USFWS as
potentially occurring in Cabarrus County, NC. Additional species fact sheets are available at the client's
request.
Bald Eagle (Haliaeetus leucocephalus)
Bald Eagles require consistent food sources, perching areas, and nesting sites to survive. Their habitat
includes estuaries, large lakes such as Lake Norman and Lake Wylie, reservoirs, rivers such as the
Catawba River, and some coastal areas where there are suitable fish populations to provide a food source.
Nests are typically located in larger trees of a wooded area where open views of the surrounding area are
ample.
Northern Long -Eared Bat (Myotis septenhionalis)
Northern Long -Eared Bats are medium sized, with dark brown coloring on the back and tawny on the
underside. The species roosts during summer months singly or in colonies in live or dead trees (e.g. tree
bark, cavities), caves, mines, and infrequently in man-made structures such as barns or sheds, and
hibernates during winter months in caves and mines where temperatures are constant and air currents are
minimal.
Carolina Heelsplitter (Lasmigona decorata)
Bald and Golden Eagle Protection Act (BGPA).
2 Current record status indicates the species has been observed in the county within the last 50 years.
3 The species is considered likely to occur in this County based on the proximity of known records (in adjacent counties), the presence of
potentially suitable habitat, or both.
Wetlands & Waters, Inc.
WETLAND AND ENVIRONMENTAL CONSULTANTS
WETLANDS
Sc WATERS, INC.
The Carolina Heelsplitter is a freshwater mussel species with final designated critical habitat. The primary
constituent elements of critical habitat for this species include: permanent, flowing, cool, clean water;
geomorphically stable stream and river channels and banks; pool, riffle, and run sequences within the
channel; stable substrates with no more than low amounts of fine sediment; moderate stream gradient;
periodic natural flooding; and fish hosts, with adequate living, foraging, and spawning areas for them.
Schweinitz's Sunflower (Helianthus schweinitzii)
Schweinitz's Sunflower occurs in open areas that provide full to partial sun and that typically host poor
soils. Schweinitz's Sunflower is associated with areas that have experienced land disturbance, where
canopy openings provide sunlight and competition from other herbaceous and woody vine species is
minimal. The species is most abundant in unforested, permanently maintained openings with soils that
often are shallow with exposed boulders and bedrock.
Findings
The northern portion of the review area consists of mature woodlands, clearings with early successional
growth, a co -located maintained sanitary sewer/powerline right-of-way (ROW) with abutting forested
land in the southcentral review area, powerline ROW parallel to Odell School Road, low -density
residential structures adjacent to Odell School Road, and cleared fields currently in agricultural use for
hay production. The majority of highway ROW areas adjacent to Odell School Road appear to be
routinely mechanically maintained. Additionally, powerline ROW infrastructure (poles) in this area
contain thick early successional growth such as Rubus allegheniensis and Lonicera japonica. Clearings
abutting the northern review area boundary contain similar growth density and wider variety of
pioneering early successional species. The southern portion of the review area, located adjacent and south
of North Scalybark Trail, contains mature woodlands, developed residential areas, riparian areas and a
portion of the co -located sanitary sewer/powerline ROW found in the southcentral area of the northern
review area. The typical species composition of various communities onsite are listed in the following
tables.
Forested Uplands
Common Name
Scientific Name
White oak
Quercus alba
Tulip poplar
Liriodendron tulipifera
Scarlet oak
Quercus coccinea
Mockernut hickory
Carya tomentosa
Shagbark hickory
Carya ovata
Flowering Dogwood
Cornus florida
Winged elm
Ulmus alata
American hornbeam
Carpinus caroliniana
Loblolly pine
Pinus taeda
Sweetgum
Liquidambar styracaflua
Eastern red cedar
Juniperus virginiana
Christmas fern
Polystichum acrostichoides
Japanese honeysuckle
Lonicera japonica
Wetlands & Waters, Inc.
WETLAND AND ENVIRONMENTAL CONSULTANTS
ETLANDS
VsnWATEMS9
INC.
Common greenbrier I Smilax rotundifolia
Riparian Bottomland/Floodvlain
Common Name
Scientific Name
American hornbeam
Carpinus caroliniana
Pawpaw
Asimina triloba
Giant cane
Arundinaria gigantea
Smallspike false nettle
Boehmeria cylindrica
Netted chainfern
Woodwardia areolata
Red maple
Acer rubrum
Boxelder
Acer negundo
Black walnut
Juglans nigra
Chinese privet
Ligustrum sinense
Autumn olive
Elaeagnus umbellata
Thicket sedge
Carex abscondita
American sycamore
Platanus occidentalis
Green ash
Fraxinus pennsylvanica
Willow oak
Quercus phellos
American elm
Ulmus americana
Sweetgum
Liquidambar styraciva
Clearinhs/Fields
Common Name
Scientific Name
Broomsed a bluestem
Andro 0 on vir 'nicus
Tall goldenrod
Solids o altissima
Red fescue
Festuca rubra
Common blackberry
Rubus alle heniensis
Do fennel
Eu atorium ca illi olium
Bermuda grass
C nodon dactylon
Early Successional
Common Name
Scientific Name
Loblolly pine
Pinus taeda
Bradford pear
Pynis calleryana
Common persimmon
Diospyros vir 'niana
Sweetgum
Li uidambar styraciflua
Eastern red cedar
Juni erus vir 'niana
Wetlands & Waters, Inc.
WETLAND AND ENVIRONMENTAL CONSULTANTS
WETLANDS
YJ-4fSa"
WATERS, I NC.
Edge/Road ROW
Common Name
Scientific Name
Tall goldenrod
Solids o altissima
Common blackberry
Rubus alle heniensis
Common les edeza
Les edeza striata
Sanitary Sewer/Powerline ROW
Common Name
Scientific Name
Sweetgum
Li uidambar styraciflua
Tall goldenrod
Solids o altissima
Woodland sunflower
Helianthus microce halos
Common blackberry
Rubus alle heniensis
Dogfennel.
Eu atorium ca illi olium
Giant ragweed
Ambrosia tri da
Common ragweed
Ambrosia artemisii olia
Winged elm
Ulmus alata
Winged sumac
Rhus co allinum
Common greenbrier
Smilax rotundi olia
Boxelder
Acer negundo
Red maple
Acer rubrum
Chinese privet
Li strum sinense
The database search of the NC NHP indicates that there are no records for rare species, important natural
communities, natural areas, and/or conservation/managed areas within the review aree. The report lists
several State -listed species, natural and managed areas within a one -mile radius of the review area. No
species with federal protections have documented occurrences within a one -mile radius of the review
area.
W&W did not identify previously unidentified populations of Federal threatened or endangered species
within the review area. Following are species -specific survey results.
Bald Eagle: The NC NHP report indicates that there are no known occurrences of this species
within a one -mile radius of the review area. The review area provides a mature tree canopy that
may be suitable to support the Bald Eagle, but lacks an abundant prey source (i.e. fishable
waters). The site is located approximately 1 mile from the Don T. Howell Reservoir, located
north of the review area, which may provide a food source for the species. W&W did not observe
evidence of established nests or previously unknown populations of the species within the review
area.
Although there may be no NC NHP documentation of Federal listed species within the review area, it does not imply or confirm their absence;
the area may not have been surveyed previously.
Wetlands & Waters, Inc.
WETLAND AND ENVIRONMENTAL CONSULTANTS
Y4fWETLANDS
sa: WATERS, INC.
• Northern Long -Eared Bat: The review area provides a mature tree canopy that may provide
suitable summer roosting habitat for the species. The Northern long-eared bat's final 4(d) rules
4(d) rule tailors protections to areas affected by white -nose syndrome during the bat's most
sensitive life stages, and prohibits incidental take that may occur from tree removal activities
within 150 feet of a known occupied maternity roost tree during the pup season (June 1 through
July 31) or within a 0.25 miles of a hibernation site, year round.
Coordination with Bryon Hamstead of the USFWS Asheville Field Office indicates that the
review area occurs at a location where any incidental take that may result from associated
activities is exempt under the 4(d) rule for this species (Attachment D). W&W did not observe
occurrences of the species during the field review.
• Carolina Heelsplitter: The NC NHP report indicates that there are no known occurrences of this
species within a one -mile radius of the review area. A perennial tributary within the review area
may provide potentially suitable habitat for the species based on flow regime. However, the
review area lies outside of the final designated critical habitat for this species therefore it would
not be expected to occur on the site.
• Schweinitz's Sunflower: The NC NHP report indicates that there are no known occurrences of
this species within a one -mile radius of the review area. Reference populations were consulted on
August 17 and August 27, 2020 to confirm regional growth patterns for identification of the
species. Potentially suitable habitat is present onsite within clearings, forest edges, highway and
utility ROWs, and canopy openings that have been subject to disturbance. W&W observed
populations of Helianthus species within the powerline ROW that dissects the southcentral
review area. These populations were further investigated with Dr. Jim Matthews of Ripple
EcoSolutions on October 1, 2020. Diagnostic criteria, including lack of tubers, definitively
eliminate Helianthus schweinitzii, while rays (8) and involucres size indicate H. microcephalus.
W&W did not discover previously unknown populations of the species within the review area.
Recommendations
Should future project plans necessitate impacts to Clean Water Act Section 404 regulated features or
acquisition of a federal permit from another agency, W&W recommends coordination with the lead
federal agency or, under some circumstances, USFWS, to assess potential project -mediated impacts to
federally protected species. The results of this survey can be supplied during federal permitting processes
to support species effect determinations per Endangered Species Act requirements. Additionally, a
document provided by the regional USFWS office identifies the Optimal Survey Window and number of
years a survey is valid for plant species with state and federal protections in North Carolina (Attachment
E). The USFWS has indicated that surveys conducted for federal threatened and endangered plants
outside of the Optimal Survey Window are insufficient, which has the potential to result in significant
project delays if a federal permit is required. W&W can assist with determining an effective strategy to
address potential permitting issues and efficient timing.
5 Effective February 16, 2016. Section 4(d) of the Endangered Species Act allows USFWS to promulgate special
rules for species listed as threatened (not endangered) that provide flexibility in implementing the ESA.
Wetlands & Waters, Inc.
WETLAND AND ENVIRONMENTAL CONSULTANTS
WSnWATERSV ETLANDS
INC.
This concludes our assessment of the presence or absence of Federal threatened and endangered species
and the presence of suitable habitat for those species. Should you require more information regarding the
results of our evaluation, please do not hesitate to contact us.
Sincerely,
Meagan Jolly
704.681.3479
Wetlands & Waters, Inc.
WETLAND AND ENVIRONMENTAL CONSULTANTS
Attachment A
Photo Log
DIRECTION 35.36349°N ACCURACY 41 ft
225 deg(T) 080.885580W DATUM WG58.4
le
oe
oo
401
LY0
V
r may t
a I-
r si
r
�w a
r�N
e rr
110,
44
qr
lip
�' ,.� .w ,. �r •C." l f/J' '� !, yr 1 : is.�..
v + •'(++
i IL
I���' :l.'•'r '•� '9 �. •S'� a>��^- -- .4t � .iJ 1w'{:v
McCoy Road Reference 2020-08-17
Population 14:35:18 04:00
35.36313°N 080.88549°W ± 40 ft WG584
42 deg(T), 712 ft, 2020-08-27 14:19:35-04:00
6^
qIPW
-'
r
v �
,
f
.{gIt I
,
w i T i
s
Y
Reference Population
V.Li %L-%- 1 LV1M J✓ • TL 1✓ / I t_%.JI %"♦.. I &&_✓
189 deg(T) 080.71555°W DATUM WGS84
!
- l C
O
n
.?�m� - .5 .•?' � - / -:! 1•� r
w . { r ^�, :-t sal' Yl x�`� jr� t��i/ %t1�'i� ��bs~'� � a• �� '� �°r.yi'i � ��,,. ,{. �!� '�`�.� �..i; ` � t ', l
•g/
-.IY.. t„' •,� '+C ' +' S' s :'-gi`W�• �" f "f ( f T:-
' f sa fir! s' , �' t .:: {� .�'• � 4� �Tv., ,� �; ?'y' .rk_.',> r x r? ^ ,�'K� ...,,/•'.
314
jr
fJ .--., - ,ems._ ° _ r"` l �`� 1• � '' � t� a S � �' �""�'
x
-
,
r
r
,.h�.Jy., x�*, .. J�� ` l �. ..% _ ,�1?� i F3a�V.) -,� v -,� ,� ,..� il' �`�� 1�4^' d �' t,x�,y��'` '6 «. 1�' .i•:! 4 p.l�. ��� ...s :��` :k
5b ,t1j y �` - , ._ �i'1, i ._ •}� 4?1 r 4. i p ; 6 �f, t ! - f _
M/I Annsborough Sunflower Evaluation 2020-09-14
16:14:05-04:00
V 11 \LL%— I .L %JIY JJ ■ TLL VT i V
225 deg(T) 080.71627°W
.t
! z..
Ik
_ AL
k.. .'
0
DATUM WGS84
'M} k
W
s
r . M I Annsborou h Sunflower Evaluation 2020-09-14
g 16:14:58-04:00
21 deg(T) r{-'t�77�p♦♦M, k 080.71274°W DATUM WGS84
• :%
;•,
1,4
LTV
r
• i t
a-'
a
..wsh sy i"; '�•%�1 %y`�, f A � �-,: 'i j y �^r.' 11� - '�'.
5 F:`, 1 ..` l e i 1• i fr v Er��� � �r .���`�� Y k�
r
1
k p h 2
1 f }
s4
3Te. �i'b ,. 1 • '
M/I Annsborough Sunflower Evaluation 2020-09-14
16:22:49-04:00
125 deg(T)
M/I Annsbo rough
DATUM WG584
080.71i�335 °W
Sunflower Evaluation 2020-09-14
16:23:17-04:00
• �
080.71249°W "`. DATUM WGS84
Af
r
z�
2020-09-14
16:24:35-04:00
141 deg(T)
■ �.
080.71206°W
P-01
DATUM WGS84
M/I Annsborough Sunflower Evaluation 2020-09-14
16:25:32-04:00
243 deg(T) 080.71305°W DATUM WGS84
R t ,yam
*•. t` 'r, � ':'1 ffr'l�w�^+ ,� .�� R ,. a,..� . saj+.•yt � 't .; •�'"_'c �v�.u",
^
,
w
' 'wk
r
.y
'
i •' t 1
M/I Annsborough Sunflower Evaluation 2020-09-14
16:28:39-04:00
308 deg(T) 080.71483°W DATUM WGS84
" `1` �"M't,-'�S � t � � .. r1 _ *fir' _r .tq � • -e..
"! � TT f :y.••F.
•' _ '�..:'#, � r � `"�' - - ',►3` z' � �`r'Ytr',!rf ., l�" t i # ",r;.. S 'f„�} � .�'�i, :��; '� \, r
n -
w` ♦ � sa
mw T- s `, ru- :_;;,:i � � � ` � `�"� i 5�,....p A 4 .� �ay JI f�.. � .. �r1 �• �x ,r i
. •ZR�`� �%_ fit, :C'..-- 'y ti f.. � \�Y. F . �JY .�y`+M•� t
y •• r
•
-
�� S +ice _,,•r ''his- ..
� « .. .. - w ;h+�•y.. DFr �;,r ^fi ��'� �.. ♦, +�� ,�y 'a r-.-., •�.,; ''� N � ,• iG'�; .. ."vi •`� P!'•r•,.,�'r. �^�..,: �••:L.r �, �� t..
',;�1►r.�wi:F�4 F+.F ;a � - :p .1«'` "•", d.. x�:c st . �., ^.•r: ,,� �._'�rt,r., � � �,� t .. ,.
y •
lf y
M/I Annsborough Sunflower Evaluation 2020-09-14
16:32:30-04:00
341 deg(T) - 080.71367°W,-''"' DATUM WGS84
�r, dew .►.•.
44.
_ c R e... � y� . r ' S f �t a i +LJy` rti"� +� d'y, � k' 4 .+ 'x^j�` �• ; .�h \, . � -.
f�r. . "hiz'a' � �'' r w, •,. ,� � j4* k'#� "� � z t�"�t'r�� ; r+ ^ �s
i .� 'Fr"Y � � � „��i `� yTh�k Y J•1` *�� ti7� i • Si k� { Y �`'
a 1 )'
/ , t
r�
'{'... , + C"`'. - : 1 } ♦ -v_ 1� - J'/S7]1 i`" �Z� ,. d ll . �Ue�G''• a' t:f 1/l r {. x`'� #;''� - - . . _
M/I Annsborough Sunflower Evaluation 2020-09-14
16:35:09-04:00
L/ 1 1 % L- %- I .L V I I ✓✓. -T L L. ✓-T I I r 1 V %- V I \/ A %- I & W 1
21 deg(T) 080.71337°W DATUM WGS84
M/I Annsborough Sunflower Evaluation 2020-09-14
16:35:29-04:00
29 deg(T)
LXX�1**
k Y.
✓ ✓ • -T L L..J ✓ 1 •
080.71278°W
DATUM WGS84
P, ■
fix ,
"
~
E
�'� d � *,-...� ... �-w �1. ,- T' rr, r_'..l F,i tS s.:.«- -''-SA .: ''s _�.k+ ��•.�x �C�:.
1
�� •� C-jo- �`
�. tr,... sI !
�
., P'� �. r.
ai �pTyd,. �-�
_ /
1 . _.-.' � a nr. .y'•yTr S�d c� �
,� m _ ^l...'
• l� \ .'� � ,�„ ;°y"w' n ".�: '. �... •
.dE
�� I _
"'y '� sir )r +, { "'_. M,,:,eC_ 1 ryi •L",` " R' �t ` nr �}
r�
4
t
Nk
.+i` '.&'� ��"' ° .•,., � - T � � Jr •tit[... �,. �"'vt. f,.."`" � f� ,�
M/I Annsborough Sunflower Evaluation 2020-09-14
16:35:55-04:00
90 deg(T) 080.71277°W
r
DATUM WG584
._.
l
M/I Annsborough Sunflower Evaluation 2020-09-14
16:35:58-04:00
V.LINL %\ 11.VIV —j—.0 • TLJLL 114 r-I%—% WI %"%— 1 AL
88 deg(T) 080.71230°W DATUM WGS84
s
O Ali + r y!^ OC .>t
X'•a _ '4 '� r3 f r • t � �!, r �.. _a c�-'4 t�'`��
,_ bus .�, J` .. ? � •�, �„ " ,a �C ;,� `rg :`ter\ .��'� y, �r •�'`•1! �'R1,. `�/.�'��; y.
w. k
d
f � -
_
r
00
�55-
Ike
,� -A1�! �•-;.5 G• i` ! t 3
1 r t 42
v `�_' - •+V' '�!� ,}�,C f "* t`.�Oe✓'r' .:; a '_ A t,. :Wgk
a / :- 'f �Y vrs �" .:'�,� .{ ' -r� � �ei ��t t f � :'.icy 4 �' r��; 1f'I `r�-flh { �• 1.. �' �} " \' .
I �, . i "asu ,� •. x1 ' j ' IL'A'
• "4' -'. i �.`'r+t ;r:a;a�t../tY}.,"-`;v �t�' F1jr,'iw o• i �,. ! •[ s� �,�+s�': > % 4 . �' #°_ `( �...s`. -
!. ,X ;� � .. f:. F-- \ ' � � { "7a.•�- - - .gib, � '"T v ;-4i . si3
r �
1 y�y./{ _ �,,e] [t, ,ry{ p ! ,A �•�y a, ...., 1 I 1 � � 1V " , -/
l
�+
"t �l •�' �.r1 � '/ �•. yip. t - - � T- �' 11 ,� .p,ti y -�,` v ' \` "' v
Y • r/
M/I Annsborough Sunflower Evaluation 2020-09-14
16:36:57-04:00
283 deg(T)
• L
✓✓ a TIL. ✓LV I F-I
080.71274°W
DATUM WGS84
M/I Annsborough Sunflower Evaluation 2020-09-14
16:37:33 04:00
r 357 deg (T )'�
`� 4•
080.71272 W
N
F"
DATUM WGS84
v
M/I Annsborough Sunflower Evaluation 2020-09-14
16:37:58-04:00
I deg(T)
M/I Annsborough
s.
080.71315 °W sue:`
r
Sunflower Evaluation
DATUM WGS84
.Y-
a
2020-09-14
16:39:17-04:00
W.,
(S) Ln
(S)
r14 CD
rN
ui
C3)
ALLUKALT•
r• .
w
M/I Annsborough Sunflower Evaluation 2020-09-14
16:40:57-04:00
289 deg(T) 080.71119°W DATUM WGS84
' .>0. 'v, -•- t � f � 3� i }� °: be i
�l t
,
� � ". .. � tom, .. . y.. r . .`. -,V ' y:,• � � `
y
s
a. .
(j .. r s✓sue.+•
low
t � `
M I Annsborou h Sunflower Evaluation 2020-09-14
g 16:46:14-04:00
264 deg (T)
-10 -0 6 -T d- -0 -T 1 1 14
080.71142OW
DATUM WGS84
01'r, '.
I IiA
342 deg(T)
M/I Annsborough
080.71192°W
+i
Sunflower Evaluation
DATUM WGS84
2020-09-14
16:48:16-04:00
333 deg (T) 080.71119°W �' -� DATUM WGS84
ki
h;:y � •-p a �, `.. -ate -_s l � � 1 %rt'�' .. Xt 1►, �'
4 � ~ � � 4�}- _� . �i.'� . ! '•1� `�(_ /err/ � � iN �'. (�/�} t'l.� � .�-.., �' Y,'. �.� � "� i
r r\
• t.
�. � " ... �fc �� �' � " -. v'i� ��dY Fs �iv'� ih� i� i:P7ti V ,:fOj ^.� � '' ' f i •�t * �.�
F
.�' �� � N • � '`� - ` _�f W � �-. ,`�`wwY� .fit r. �.2� - •��.. �, r � �� ' 7p5R` '�{ \^.�j Y'
r � r
♦ ,'S-rL Y"1 '.�..'� ��.` - a Vista 7� :, •.x yi � v i,� — / p � s `�
F
s
iT
♦ � v
�}� j� lij4' 3�' 7 ! '`� a��tt'i w aid! 3.,�' � +'` �i, �� e'j'r '� �. , • 'F �'
,� �,t'b� � ` �R�' Y ¢ ri !'�, ,j� ��/�� �• j { rE. ,���� R � ��;?J I�er« iw��,�• i��f �'� ';.1���i `'�"" �r4� f
a.. f
{
.> r
w n '
{?fir
c+
,. ,. �,., q � ; •"z�A..{ > d "' E,,.�,'! .fir, f,: .�.- -�+.- ::�. `e-," 5 : }' -9f Ys
#� `.. ��.,�i• �.r. 2 ":sF* �!;�,., Ya, {:.x ii, .. i ,: �q' � ,.} �� $ U�'^:1a - `�,. '�+' F-
,=v.�
x`
ft
�.- •'..ti:s.-, ,, .. +,. •?; �n 4c , i •. ,.. :. ,:, ;:r c �� '� ' x �: '�� ��� v� r<:' { ka { � `r"
-m -,. L. ,y= .,« .5 '-;e+y „,. - °,3f. a • ,,. ",�:s.,",�,� - t `.� . ,�.. q "_ ` s,:'-.
f 1, ., .�i? �. � :.. }:. , py4t; JA. t "� �" a, i ,.I �:: '.. - ti` .7 }N"• • ,s ,`,� -.0 jy !-y �`, fr � :.i'
r. >B •.'.._. A� �: .:.. , .. . F�.f .. ^:9 :. _ ... ,.. c . „ � ,� a•. � rs � 2 ..-. _,� � -*�' �:�6 �.. ,�;• ,,:'�3 h= .t+-s A " 3j -''� �.� xY / @^ ' 6t �-:�:x. r', _
,. tiY i.;, :4 a4 , rya, :.: :. .i .--.. * .,. s ..:i :> �.,. r ,-^i'ik:.a .. "�r-:a`'y, u+;� i�: .r! e-,• ._K' ±a���
;, .{�• _,.. _,i. yltl �.-'`'i'=. ',. ate§ aaa...,::: � r- , _..� -r ...- R r.: ��:€-a.. l{ ,..«: t�.7F"i.-• '�
�Mifl
���;as'�`'�.:�fr..'�:.:.,,
�d
175 deg(T)
✓J r —rLT-1 W I'd
080.71089°W
DATUM WGS84
M/I Annsborough Sunflower Evaluation 2020-09-14
16:50:46-04:00
LIP -L I X L— %- I L %.i I V
-j .j a —T 9— J -F W I V
F—I \— %— W I I" %— I & --T I I-
147 deg(T)
080.71046OW
DATUM WGS84
4%6
k
01
A o%
71,
Vi I
Ae
M/I Annsborough Sunflower Evaluation 2020-09-14
16: 52: 15-04: 00
269 deg(T)
080.71216°W
DATUM
WGS84
.t.
Ara
2020-09-14
M/I Annsborough
Sunflower Evaluation
16:55:39-04:00
cr
r--j
r--j
r1i
Ln r-i
CD
Ln a)
CD I
Ln
Lr)
00
211
deg(T)
080.71179°W
DATUM WGS84
,17 3,
:t
., �.
a5
{
2020-09-14
16:56:43-04:00
352 deg (T*�) y 080.70921 OW DATUM WGS84
yr`w iM 1
. ... ' ;1►:�f:j+ �\. Pad ..A '\�� 7
I
r §x
mow—
m
r444
-
r
a�
• }�.r �? '�'tea"
Y � }
i
r 1'
r
s t i a
`
t
M/I Annsborou h Sunflower Evaluation 2020-09-14
g 17:01:45-04:00
200 deg(T)
• •
080.70921OW
DATUM WGS84
M/I Annsborough Sunflower Evaluation 2020-09-14
17:01:51-04:00
284 deg(T)
s fy
DATUM WGS84
;Ir.
a.
1�F
a
}
.r
wn
f .L-
`� •t '� K
x '
r L
,rR+
� • a s _`� ,;fig,^. t• _ .. �,, �u �' u
a
r ;
a-
01
s
17,
ti y�
E
M/I Annsborough Sunflower Evaluation 2020-09-14
17:02:30-04:00
263 deg (T)
, V-j
-------- ----
WGS84
U
A
4-f
aw ipofj NIP
AO -
2020-09-14
M/I Annsborough
Sunflower Evaluation
17:03:13-04:00
26
Sk
{
y
r
z r
A F
2
_ s -
�P-
l
h 'n-
. w
r
ti r
i
y
R '
.r
a
�*' t
• ' Ica '.,,.,.. -..
M/I Annsborough Sunflower Evaluation 2020-09-14
17:03:52-04:00
!'• 080919O
358 deg(T)
•�' `r� +5. ,rr -,.r by �•' Y,� � ■� a'�s;iSw�Y,6�;.� .:, rf t"' a�-rb ' � w ��,.. -
s .,� L r > � -� ,a+..F ? � + � r t� a;}�, r s `�" A t "rr'+`- `r f � �.� Y' . �.�,.,��t �•-3��ta ,w s .,�1„ i
,.. .�. *�_. i Y.3 •ta'w3, �'' ww+r'_.. - k �., aS c a7 ��SA �.. . a' ._�,,". saie '' ,k;;, d'.x» 4s �� e. �aF �, - Ala
_.y
awl, ,.�. ,�-'';,�,� �:�� y �'.�J'���F y c,+ �" ,�^"`*,.s iu +�n+tA:+ �. r y ��^" •ii4 i . k �'�..C" A^y�`,
'r�':iA�°-�pe,.
�w^Ff.PYs'��'S�-.. ��8��3..ii,.'!• ��'S „�',Y ."�v!La'-�.ch. :su.��::.i ._. rJ;� ��t.. ., "sM^'��''_�'vk'�• .. °v��,� ..:W*.l�W��~..ti .E�Y. ,��•. _s. ._.
r4
i
W > w�
t
`.6
t"`
All t T $r
d�
�,��� • -'obi
,Fr
>. , _; . 4. ._, -.r� .4. s: �'r• ,,.,... 4 ,_ ,¢. ,.. , .;:, �'d"'r:.'u
fll- '
'"' ;1�'S '{ a9'.,% . n-< .�.• ' A4, b,., ,.", a", s�, .r � ,:, +'.'. _'. ,.4. �rp 4 '-ti 4 ., I
�
•DAr,."�
+A ,. � A "»P,�4rsta;...' eir�.`,- a .. <.•� , ,. . /� � 3 9�y rl �'ffy. w.'� � ! �� ar:: ° —, �.
y
Am —,
a
324 deg(T) 080.71308°W DATUM WGS84
gg
vt
IS
Ik
.. �i h �3� trh `y. ••� '-k�.7� t .. w * s 4 � - r �. •e'y, <x-
} +ate ..; *'!�' r#'.w . �+ p t gt ,� !> r � �• ' -
_
a v,
. 6*
s
r 4
Ar .
f yy g
t ,
G
,
^a
« a
r
F
A
!4
nr
u ` 3
4-
M/I Annsborough
r
PW
/� r ' ,�aR i , '-�',�t � "-` f ' _dry. � ,r F'#�'r , '."'".� �, `Z �e� .< c ,* �`'•�T� � -t.�jj� t' �,�•.,�.. �' - � f r ;�..�..
t�j, � �� •� �+�� � e ,� � � � � �` � � " � ,yam f , ,' h ;�nt��` �',t
Xf
Sunflower Evaluation 2020--09-14
17:13:18-04:00
174 deg(T) 080.71328°w DATUM WGS84
Nq
PA
1►
i F
Vp or
txi..�I:,yyMikau. W
M/I Annsborough Sunflower Evaluation 2020-09-14
17:14:14-04:00
-0 —.f a —T e L —If J- —T I's
080.71407OW
DATUM WGS84
Li
'�`
�
� ,;
_�' 1, r � .f v �
� _
. ,
._ :.
- --trite .
�
M/I Annsborough Sunflower Evaluation 2020-09-14
17:15:10-04:00
216 deg(T)
'i
ray
r 'ahr..
+ r
• 1
080.71522OW
a 1
i
M/I Annsborough Sunflower Evaluation
DATUM WGS84
7
2020-09-14
17:16:22-04:00
_.,..
��... .�
,•�
-.
.� - � ��.w ,� r�� f Aft �.,� �'�" �
�,
;. � r
+.. r. »� � . � � „
M1 - � �;
deg(T)
.w
—.P✓. T1..dLV I
080.71478°W
DATUM WGS84
a
f
s - +." I ', . 4� !., ,':�
`. f v'
y Y t atl S.
I SF; • t .An
F �� .'. f'.r
F F a} j F'- ,
M/I Annsborough Sunflower Evaluation 2020-09-14
17:18:11-04:00
247 deg(T)
M/I Annsborough
ri -, ' f
0. J
. '31
Sunflower Evaluation
DATUM WGS84
i
2020-09-14
17:25:06-04:00
240 deg(T) 080.71590°W 3. DATUM WGS84
q
-
.
r
�. ..._ . AI• +� r` ._. � i ~' '•tYi �'t'- n � -'+f�•� � R' �-+��aqj"� - r j g
. -.i � � � -' f ,'� � �. \� ,,.- r • ,' � ;; ...�• �IR � �w� t�, i .'Y° y. ��A, e�i W+ .,.p. �y ��.- � - .s `W it �
s s R ti. •�af.;�`+.�,r" f�d� 1 '.t -9� ". ,'Ti'm.y, Y .� y �." �` 't 'f1 '� �. r��Af�r•- "«-t•- w.•
44
41
`' � •{ �/1 i � r _.. ' ,.�y-. t"Y � • ` 'm•►. - , #.. � yi �.,,+ . y ...` 9 � ?.q. � �+ 40. ��t � � ,.
4
'� ii i � i i' � r? � e� f 1�+►vr.�f � 5,d � • ,,.� � ~' �t ► s- � �� �. � t +` el ' ,• ,f� �
s t
as 'L d '4 _ F'� ice. _ `t� % • x.,� !�.- - - ' Ci. fS .. w'� l"-�Y�• . a. `.ld
M/I Annsborough Sunflower Evaluation 2020-09-14
17:26:55-04:00
L! .L. 1\ L— 'k— 11 V I r ,J —# . T .L V J6 V IV %— %— V I \" %— 1 t/ L 1 L,
249 deg(T) 080.71620°W DATUM WGS84
P.. two'!
01
-00
41
. t ,� 1 � t� j, �a�,,� i ror3 � �y■� t � $v � �� � � ��. ' 8 '1� �+ .€ � � €4 .. ,� w „,,, y�
s� fr �-Y� � �'� w t � a" A.. �'!(fr a i. ��.L, w fY ti4s� v �_ � � # �� �_.. �p .� � _'": ,� *♦
t - �'z i. � a i ..ice ,� �' � � - +• _..}�
•. � .fit ,�IH ' T � _ '- _`Pry• -
,
L
Ir
M/I Annsbo rough
Jr
«R+-►�r''i Fhe « a �� �B� �-"� � �`.e' ...s`_ .JMt Q� ,i ., F;��^
J a
—a
Sunflower Evaluation
2020-09-14
17:28:07-04:00
I '
a
j
MA
lee Ak
iA
�; ' �" w - � �, ► ♦ i'� e 1 x r-^ � $� - /' ' .ter i � .+„ '� '
i{l 1i 1.t
.
Mir •
l.,r
a=.i y tl ixyi �. /.'e,F. .'� � .',�•� _ ,c .. ++ `�j� ' � •�'-'. ;` , �''.
' .
.. ,� � '` •?fir ,� :� • �`� � _) - . `f,•
� " '6� ..1 `f t- : .�!' 'fie 'i :.�'ti �j a � 4 ! ^.+!ti��. ' ♦ -�.
y
3 i
�.'
_ R i
V 11 \LLL. I L%JlV ✓✓ ■ T.L / V 1. 1 V I'1Ill %-VI \!-l`. 1 ✓"T
269 deg(T) 080.71707°W DATUM WGS84
► —16 a
07
IMP
'
• a
k'
1 Y'
r �
x
3
�. � i" t. it �T^'.,� � �.,,w,' ��� fi •i-MS,
rx•t's_ * F i,
� M/I Annsborough Sunflower Evaluation
2020-09-14
17:35:13-04:00
tr`'� s , �
�'
�}. �+ �
,. f, 3 � ., � is , '' �C � i:..{�i ' i�#
� � A 'L�
� � � .
,� � '� t r
�. � ' ��,
` t
+w ,
r
� _, �: � ,: � "ii�; " ' '. .. Vie' �•'�' i � "'y � _ .. Y�.� �
�1 s
9f ,
•Y
9 F_
vo
aw
f laws- yIt
m
m
x
x
e T
+. g
.,. _. a -; • .. . - !.
i
I PIT ,7a
r
:
�� ..y'i.��WF ♦.,.r, 'w���1�. - � 1�':��I�` � � ,.� � ti. ai/M�°�i�� �r� _3� #�^I/�'�F.
137 deg(T)
MII Annsbo rough
d
r i
Sunflower Evaluation
2020-09-14
17:54:57-04:00
I s m
266 de
{
T
* t
' - - - sr.
J V
"�" � f',' i'��'�, ��� ,.�` r� .w •i '+. a.- `
r
s
° �.. tea;¢ �,- ,•,: �y ��,.� ,,u � � '�,, �a� , _,�r�---�
=4 -
`�,�,
r ' `
IAO
-74
'� i- � r:-, '?6 rki 5,=, � r "�/ 1 t,.->'`� �.� t �� � � a�_�� ;.Y lij �� M��4 .�� • t 4� �
r
S
_ w
i
M I Annsborou h Sunflower Evaluation 2020-09-14
9 01-04:00
17:56: •
117 deg(T)
✓✓ • T. L V V— r 1•
080.71285°W
AK
A
., - r \` _. _ � t -ram' _✓ � �
M/I Annsborough Sunflower Evaluation
DATUM WGS84
2020-09-14
17:56:54-04:00
38 deg(T) 080.71082°W DATUM WGS84
M/I Annsborough
Sunflower Evaluation
2020-09-14
17:59:46-04:00
V .LI \1,—%- 1 .L VI■ J.J / 'T1—If V%—# 1 V "t«%--VI \/1%— t TT
70 deg(T) 080.71077°W DATUM WGS84
�#� w„
3
1 .-c..'C• �y a - i. '4`°.'� .,A� `' �?,:a3Jrd «�i:4.y l±t. .r
4i._.
1
` ,. rs .:»F • a ; - � z,2 ...:. . � „r, _x ,V ' ". �,,,•3 `.±. k � '.;&-rya ? r +y" .. �� x '3`: .
3
y sa.
4 *�-*'a«`' �T r ':&`� ce. '.� i% 'ir*+A:"''.eJ' '`Kiy` '..J.,rT"I.^a- Y-+Y�i7,#_y'�,... .►
fAll,,
� �e J yr t e „ bra a svJ`Z ' �'; �' w� • � i.. `' � ' " • saga > t � b �: i � t t :.i�
sh- 1 r « * • � ` !. � a' v. � / ti, . � ��' -�_c�� �•.� J, ��.♦ "�i Yt : - i � .! 't.
r r ;�`I, i a'fi:.: `.r,.-.r � �. � P , F r a��,, .� f' I � ' �� � . , ✓.
;�. s 'µay _ .�: � ..•.ry � s,, Y� �, +^ _ �'` y{
r 4
'r!�.. - f '!x? ,� _.. r .p�� +� �.f� � '} ..�.. 1 `�.�� 4: •.a j � 11 "�� �r�, itSl�� �. e/ '{.y
_.-\.t ��. {r �� 'dr .+ �,�tr' '.l .f% �"'� _ :td `i. '+',�'i .�. �y c �:. 1;�. r71 �-. � .� ��±j f- �%.,:1i�+•
rY' Y
1.
l: :_i. M.--• y •r);..3•.a `a't�. f, ,� Ei "�e. . F^ j I r' '.t� '� Y - �' f, �1 I ` t t'
�'ya.. r.. ,.�� �; a. -t . .•��� �" 3.�1 y i`' T .� • � ""#.f •; '1, t ,�^'� �) r i I a•• r
_ � � � +. .. % • % � '�• J ..� r l ,':i ��+� . � i ice. ,I -j .�r'f` �"*:. � �'i � r,t ' "r r y : a��
• r ,1 .' �ii"/ !y}, '.1"' �.(;,{'; f�i 7 �. i ..!T`,� '. 5i/ ^•a�' ) K-: (�f .lr r Al .4 p �:�:.• ;.S �' :'i� fAor
.
s .-..i ,t ., .�I!,wi' ir, - '4 �K �•.T'`1.3 `?n v v', d. •� `�1•� Ar'4. �S. .R?• E
.. ,C� � y �'F ' �. .. 1♦ ��� .,l-` a�' �, 1• ;` � rY r' i �y�i:. y h �, y Y�• %," y'q� l 1
�ira i j�Wr � .;.� V y JQ. } � � T,:�. + t ( ��!• � � J � f a. t � r.
�,t . ..�+ t�f1� '.. •� Yr"t.'..e ''>�` •F �1. ` JtiF ,� t. . •i�'y)j '��`�� � k1�-
.-.. ..J�/(
�� .,E ��7� ei •'_':.�5 ..\ ', �,' �. �i ... t.��i i' -.!S ,� yf•��.:�° � � �z .. `i ,i,� F ..!!"�a.�,i".., .,.M 4q ,�� 1 r �+' !
M/I Annsborou h Sunflower Evaluation 2020-09-14
g 17:59:56-04:00
a - T -'' -
3
T
72046OW
..deg
._80.
nss
M/I Annsborough Sunflower Evaluation
2020-09-14
18:19:04-04:00
lf', ,i ••
D
ATIIM tnt{;RR4
-m
M/I Annsborough Sunflower Evaluation 2020-09-14
18:19:46-04:00
16 deg(T) 080.72211°W DATUM WGS84
u
3 ,
,
S ✓F {
,
w a y
t
• Rr
eR �}�r " •L. -a a• � < _ .! y1„s,V e �rif .�...� ����•.,C✓i''�?� ♦ t
+ay.
q a k
a: s
y a
_ ,*t
0
f
A q �
y v 7p
-
a�' 'ai".. �'�«�,''#�U �.ti '' rrIF1�<� . Y re�� `�%. °#C �,.:�, '� �A,•t xi��`.Y ..� rix,��.�b` I..d'.`a`• � v 'sj� .
r. y
�: '•jl` ,�`s.:. j. �� ���"`. t `+'e , \�- '�,g. •. �,,, .'�,.<v � Yej+4 a`'+h��� a ,[„ X-t �{� r.- ++ '. `
2. , r _ `f --tHi. ,v • ti>� �"' 1 o�A : .GAF Y.f�yE , :i, .F ..�` fi
t'.�°.�"!'
_- .a���• ~� '�� q'�?"T•`.� ,C` ,? 't, � rti rq '
f+ t
jA
IL
Ore
.:•� � :�r. •�, � " ''�`4e ¢ "c .'�, ..<�. :✓, . ' .k � � ���,« �, _ rtj' ,fit � # °:.a
t�'�' r r` s, ^�!�^ ''1' • Zi, _� 1� ` -a� '�, '4' �+��4'
�•�. r,�. %�' "tlrx -a r 'i+,� F-•, Ski��"1►•' � °" r� �� ��• ,\� . ,>f�a l�.- �� - `� ,�,•\.�. 1"�'v�°' � ���� .'��„ '���
. ..'!' ?',. ,.. _.. T s s °lr, ,. . t `�'"� � x+�+�'�. .x= «. + f :..%P'.a -�� ...i`� ,> .s i'� � e",!•1:® y w•.�i il.J. .. waw.. s -
M I Annsborou h Sunflower Evaluation 2020-09-14
1 9 18:26:36-04:00
332 deg(T)
t.
l
1.
M/I Annsborough
MOO"Emil
t
r
Sunflower Evaluation
N
i
2020-09-14
18:28:43-04:00
291 deg(T)
✓✓ r -r L.VVv Iv
080.72366°W
DATUM WGS84
M/I Annsborough Sunflower Evaluation 2020-09-14
18:29:04-04:00
V.LI\LS. 1 .LVIV ✓✓ a -rc-V,Ja I
DATUM WGS84
M/I Annsborough Sunflower Evaluation 2020-09-14
18:30:06-04:00
188 deg (T)
V�
DATUM WGS84
35.42067°N -`. ACCURACY 16 ft
080.72.477 °W�. ,kt�;;' .ATUM WGS84
s� ;fib � ,'•e `7. _ ` k , ' � 4:«., o-
AM
, w
♦ 4 e
a
r
DIRECTION
253 deg(T)
x
M/I Annsbo rough Sunflower 2020-09-14
Evaluation 18:31:56-04:00
00:vo-88:88:81
VI-60-0ZOZ
ix
c i
tls,sow -wn-Lva
1 �
080.72496OW
DATUM WGS84
r N
: !
` '.�.e.C. , per°' • }c t
V+.
0 deg(T)
"� _ _.. ice,► ,,,�, � .. �
3 "z
♦ Ar% #
x.. » r r
M/I Annsborough
�.1 F
_Ft
+
i ve _ F. � h v '�i lR � �a Ir5 ` �'. '4a11 ML � ` w✓ -.,f'7.
Sunflower Evaluation 2020--09--14
18 : 41:14--04 : 00
m
18 deg(T)
+, `a, C
ti
�.d
DATUM WGS84
f
_w
7
i a
, l
4
e
2020-09-14
M/I Annsborough
Sunflower
Evaluation
18:44:19-04:00
Lj L I % L- %.. I JL %J 1 14 _J _J s -T d- L -1 L 114 %- %.- %J I % f--% %.- I Z- %J
99 deg(T) 080.72110OW DATUM WGS84
M - -, 11
A
M/I Annsborough Sunflower Evaluation 2020-09-14
18:44:23-04:00
sY "
Ln
344 deg(T)
f
M/I Annsborough
Sunflower Evaluation
DATUM WGS84
2020-09-14
16:12:39-04:00
Attachment B
U.S. Fish & Wildlife Service
Official Species LIst
United States Department of the Interior
f FISH AND WILDLIFE SERVICE
Asheville Ecological Services Field Office
160 Zillicoa Street
Asheville, NC 28801-1082
Phone: (828) 258-3939 Fax: (828) 258-5330
htto://www.fws.gov/nc-es/es/countyfr.htnil
In Reply Refer To: November 12, 2020
Consultation Code: 04EN1000-2019-SLI-0527
Event Code: 04EN1000-2021-E-00204
Project Name: Annsborough Park
Subject: Updated list of threatened and endangered species that may occur in your proposed
project location, and/or may be affected by your proposed project
To Whom It May Concern:
The attached species list identifies threatened, endangered, proposed and candidate species, as
well as proposed and final designated critical habitat, that may occur within the boundary of your
proposed project and/or may be affected by your proposed project. Although not required by
section 7, many agencies request species lists to start the informal consultation process and begin
their fulfillment of the requirements under section 7(c) of the Endangered Species Act (Act) of
1973, as amended (16 U.S.C. 1531 et seq.).
This list, along with other helpful resources, is also available on the U.S. Fish and Wildlife
Service (Service) Asheville Field Office's (AFO) website: httl2s://www.fws.gov/raleigh/species/
cntylist/nc counties.html. The AFO website list includes "species of concern" species that could
potentially be placed on the federal list of threatened and endangered species in the future. Also
available are:
Design and Construction Recommendations
httDS://www.fws.P-OV/asheville/htmis/Droiect review/Recommendations.html
Optimal Survey Times for Federally Listed Plants
https://www.fws.gov/nc-es/plant/plant surveyhtml
Northern long-eared bat Guidance
https://www.fws.gov/asheville/htmis/project review/NLEB in WNC.html
Predictive Habitat Model for Aquatic Species
https://www.fws.gov/asheville/htmls/Maxent/Maxent.html
11/12/2020 Event Code: 04EN1000-2021-E-00204
New information based on updated surveys, changes in the abundance and distribution of
species, changed habitat conditions, or other factors could require modifications of these lists.
Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act,
the accuracy of the species lists should be verified after 90 days. This verification can be
completed formally or informally as desired. The Service recommends that verification be
completed by visiting the ECOS-IPaC website or the AFO website (the AFO website dates each
county list with the day of the most recent update/change) at regular intervals during project
planning and implementation for updates to species lists and information. An updated list may be
requested through the ECOS-IPaC system by completing the same process used to receive the
enclosed list or by going to the AFO website.
The purpose of the Act is to provide a means whereby threatened and endangered species and the
ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the
Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to
utilize their authorities to carry out programs for the conservation of threatened and endangered
species and to determine whether projects may affect threatened and endangered species and/or
designated critical habitat.
A Biological Assessment is required for construction projects (or other undertakings having
similar physical impacts) that are major Federal actions significantly affecting the quality of the
human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2)
(c)). For projects other than major construction activities, the Service suggests that a Biological
Evaluation similar to a Biological Assessment be prepared to determine whether the project may
affect listed or proposed species and/or designated or proposed critical habitat. Recommended
contents of a Biological Assessment are described at 50 CFR 402.12 and on our office's website
at https://www.fws.gov/asheville/htmls/project review/assessment guidance.html.
If a Federal agency (or their non-federal representative) determines, based on the Biological
Assessment or Biological Evaluation, that listed species and/or designated critical habitat may be
affected by the proposed project, the agency is required to consult with the Service pursuant to
50 CFR 402. In addition, the Service recommends that candidate species, proposed species, and
proposed critical habitat be addressed within the consultation. More information on the
regulations and procedures for section 7 consultation, including the role of permit or license
applicants, can be found in the "Endangered Species Consultation Handbook" at: http://
www.fws.gov/endanp-ered/esa-libraiy/pdf/TOC-GLOS.PDF.
Though the bald eagle is no longer protected under the Endangered Species Act, please be aware
that bald and golden eagles are protected under the Bald and Golden Eagle Protection Act (16
U.S.C. 668 et seq.), and projects affecting these species may require additional consultation (see
https://www.fws.gov/southeast/our-services/permits/eap,les/). Wind energy projects should follow
the wind energy guidelines (http://www.fws.gov/windenergy/) for minimizing impacts to
migratory birds (including bald and golden eagles) and bats.
Guidance for minimizing impacts to migratory birds for projects including communications
towers (e.g., cellular, digital television, radio, and emergency broadcast) can be found at: http.L//
www.fws.gov/mi ratoo birds/CurrentBirdlssues/Hazards/towers/towers.htm;
11/12/2020 Event Code: 04EN1000-2021-E-00204
http://www.towerkill.com; and htt_p://www.fws.gov/migratorybirds/CurrentBirdlssues/Hazards/
towers/comtow.html.
We appreciate your concern for threatened and endangered species. The Service encourages
Federal agencies to include conservation of threatened and endangered species into their project
planning to further the purposes of the Act. Please include the Consultation Tracking Number in
the header of this letter with any request for consultation or correspondence about your project
that you submit to our office.
Attachment(s):
■ Official Species List
■ Migratory Birds
• Wetlands
11/12/2020 Event Code: 04EN1000-2021-E-00204
Official Species List
This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the
requirement for Federal agencies to "request of the Secretary of the Interior information whether
any species which is listed or proposed to be listed may be present in the area of a proposed
action".
This species list is provided by:
Asheville Ecological Services Field Office
160 Zillicoa Street
Asheville, NC 28801-1082
(828)258-3939
11/12/2020 Event Code: 04EN1000-2021-E-00204 2
Project Summary
Consultation Code: 04EN1000-2019-SLI-0527
Event Code: 04EN1000-2021-E-00204
Project Name: Annsborough Park
Project Type: DEVELOPMENT
Project Description: Potential residential subdivision. Project area is smaller than defined
consultation area. Construction within two to three years.
Project Location:
Approximate location of the project can be viewed in Google Maps: https://
www.g_oogle.com/maps/place/35.42145066485094N80.71988099535292W
Counties: Cabarrus, NC
11/12/2020
Event Code: 04EN1000-2021-E-00204
Endangered Species Act Species
There is a total of 3 threatened, endangered, or candidate species on this species list.
Species on this list should be considered in an effects analysis for your project and could include
species that exist in another geographic area. For example, certain fish may appear on the species
list because a project could affect downstream species.
IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA
Fisheries!, as USFWS does not have the authority to speak on behalf of NOAA and the
Department of Commerce.
See the "Critical habitats" section below for those critical habitats that he wholly or partially
within your project area under this office's jurisdiction. Please contact the designated FWS office
if you have questions.
1. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an
office of the National Oceanic and Atmospheric Administration within the Department of
Commerce.
Mammals
NAME
Northern Long-eared Bat Myotis septentrionalis
No critical habitat has been designated for this species.
Species profile: https://ecos,fws.gov/ecp/species/9045
Clams
I` Ai`AL
Carolina Heelsplitter Lasmigona decorata
There is final critical habitat for this species. Your location is outside the critical habitat.
Species profile: https:Hecos.fws.eov/ecp/species/3534
Flowering Plants
NAME
Schweinitz's Sunflower Helianthus schweinitzii
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws,gov/ecp/species/3849
STATUS
Threatened
STATUS
Endangered
STATUS
Endangered
11/12/2020 Event Code: 04EN1000-2021-E-00204
Critical habitats
THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S
JURISDICTION.
11/12/2020
Event Code: 04EN1000-2021-E-00204
Migratory Birds
Certain birds are protected under the Migratory Bird Treaty Act! and the Bald and Golden Eagle
Protection ActZ.
Any person or organization who plans or conducts activities that may result in impacts to
migratory birds, eagles, and their habitats should follow appropriate regulations and consider
implementing appropriate conservation measures, as described below.
1. The Migratory Birds Treaty Act of 1918.
2. The Bald and Golden Eagle Protection Act of 1940.
3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)
The birds listed below are birds of particular concern either because they occur on the USFWS
Birds of Conservation Concern (BCC) list or warrant special attention in your project location.
To learn more about the levels of concern for birds on your list and how this list is generated, see
the FAQ below. This is not a list of every bird you may find in this location, nor a guarantee that
every bird on this list will be found in your project area. To see exact locations of where birders
and the general public have sighted birds in and around your project area, visit the E-bird data
mapping tool (Tip: enter your location, desired date range and a species on your list). For
projects that occur off the Atlantic Coast, additional maps and models detailing the relative
occurrence and abundance of bird species on your list are available. Links to additional
information about Atlantic Coast birds, and other important information about your migratory
bird list, including how to properly interpret and use your migratory bird report, can be found
below.
For guidance on when to schedule activities or implement avoidance and minimization measures
to reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE
SUMMARY at the top of your list to see when these birds are most likely to be present and
breeding in your project area.
BREEDING
NAME SEASON
Bald Eagle Haliaeetus leucocephalus Breeds Sep 1 to
This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention Jul 31
because of the Eagle Act or for potential susceptibilities in offshore areas from certain types
of development or activities.
htWs://ecos.fws.gov/ecp/species/1626
Eastern Whip -poor -will Antrostomus voci ferns Breeds May 1
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 20
and Alaska.
11/12/2020
Event Code: 04EN1000-2021-E-00204
BREEDING
NAME SEASON
Prairie Warbler Dendroica discolor Breeds May 1
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Jul 31
and Alaska.
Prothonotary Warbler Protonotaria citrea Breeds Apr 1 to
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA Jul 31
and Alaska.
Red-headed Woodpecker Melanerpes erythrocephalus Breeds May 10
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Sep 10
and Alaska.
Rusty Blackbird Euphagus carolinus Breeds
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA elsewhere
and Alaska.
Wood Thrush Hylocichla mustelina Breeds May 10
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 31
and Alaska.
Probability Of Presence Summary
The graphs below provide our best understanding of when birds of concern are most likely to be
present in your project area. This information can be used to tailor and schedule your project
activities to avoid or minimize impacts to birds. Please make sure you read and understand the
FAQ "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting
to interpret this report.
Probability of Presence (®)
Each green bar represents the bird's relative probability of presence in the 10km grid cell(s) your
project overlaps during a particular week of the year. (A year is represented as 12 4-week
months.) A taller bar indicates a higher probability of species presence. The survey effort (see
below) can be used to establish a level of confidence in the presence score. One can have higher
confidence in the presence score if the corresponding survey effort is also high.
How is the probability of presence score calculated? The calculation is done in three steps:
1. The probability of presence for each week is calculated as the number of survey events in
the week where the species was detected divided by the total number of survey events for
that week. For example, if in week 12 there were 20 survey events and the Spotted Towhee
was found in 5 of them, the probability of presence of the Spotted Towhee in week 12 is
0.25.
2. To properly present the pattern of presence across the year, the relative probability of
presence is calculated. This is the probability of presence divided by the maximum
11/12/2020 Event Code: 04EN1000-2021-E-00204 3
probability of presence across all weeks. For example, imagine the probability of presence
in week 20 for the Spotted Towhee is 0.05, and that the probability of presence at week 12
(0.25) is the maximum of any week of the year. The relative probability of presence on
week 12 is 0.25/0.25 = 1; at week 20 it is 0.05/0.25 = 0.2.
3. The relative probability of presence calculated in the previous step undergoes a statistical
conversion so that all possible values fall between 0 and 10, inclusive. This is the
probability of presence score.
Breeding Season( )
Yellow bars denote a very liberal estimate of the time -frame inside which the bird breeds across
its entire range. If there are no yellow bars shown for a bird, it does not breed in your project
area.
Survey Effort (1)
Vertical black lines superimposed on probability of presence bars indicate the number of surveys
performed for that species in the 10km grid cell(s) your project area overlaps. The number of
surveys is expressed as a range, for example, 33 to 64 surveys.
No Data (—)
A week is marked as having no data if there were no survey events for that week.
Survey Timeframe
Surveys from only the last 10 years are used in order to ensure delivery of currently relevant
information. The exception to this is areas off the Atlantic coast, where bird returns are based on
all years of available data, since data in these areas is currently much more sparse.
® probability of presence breeding season I survey effort — no data
SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
Bald Eagle l IIII {Ili lIII illy i�l� III► lilT II ill► IIIR Ills
Non -BCC Wnerabke
Eastern Whip -poor- ■
will ++++ ++— ++� €� . -. ..,+— } + « • + ++++ ++ �+
Ak
BCC Rangewide (CON)
Prairie Warbler ++++ ++++ ++++I;1 I I I ► i +++I ++++ ++++ ++++
BCC Rangewide (CON)
Prothonotary ++++ ++++ ++++ ++++ ++++ ++++ ++++ ++++
WarBCCbRangewide (CON)
Red-headed Woodpecker 0*01 logo 111111+1 1111 IN IN I1+ 1+++ ow 11+1
BCC Rangewide (CON)
Rusty Blackbird ++� ®i�+ +�Mi� ++++ ++++ ++++ ++++ ++++ +1++ +++1+$$1111
BCC Rangewide (CON)
11/12/2020 Event Code: 04EN1000-2021-E-00204
SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
Wood Thrush 44 ++++ + + { +,11 ��+4- +4 ®+++ ++++ +1++ ++++ ++++ ++++
BCC Rangewide (CON)
Additional information can be found using the following links:
• Birds of Conservation Concern http://www.fws.gov/birds/management/managed-species/
birds-of-conservation-concern.php
• Measures for avoiding and minimizing impacts to birds http://www.fws.govibirds/
management/project-assessment-tools-and-guidance
conservation-measures.php
■ Nationwide conservation measures for birds http://www.fws.gov/migratorybirds/pdf/
management/nationwidestandardconservationmeasures.pdf
Migratory Birds FAQ
Tell me more about conservation measures I can implement to avoid or minimize impacts
to migratory birds.
Nationwide Conservation Measures describes measures that can help avoid and minimize
impacts to all birds at any location year round. Implementation of these measures is particularly
important when birds are most likely to occur in the project area. When birds may be breeding in
the area, identifying the locations of any active nests and avoiding their destruction is a very
helpful impact minimization measure. To see when birds are most likely to occur and be breeding
in your project area, view the Probability of Presence Summary. Additional measures and/or
permits may be advisable depending on the type of activity you are conducting and the type of
infrastructure or bird species present on your project site.
What does IPaC use to generate the migratory birds potentially occurring in my specified
location?
The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern
(BQQ and other species that may warrant special attention in your project location.
The migratory bird list generated for your project is derived from data provided by the Avian
Knowledge Network (AKN). The AKN data is based on a growing collection of survey, banding,
and citizen science datasets and is queried and filtered to return a list of those birds reported as
occurring in the 10km grid cell(s) which your project intersects, and that have been identified as
warranting special attention because they are a BCC species in that area, an eagle (Eagle Act
requirements may apply), or a species that has a particular vulnerability to offshore activities or
development.
Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your
project area. It is not representative of all birds that may occur in your project area. To get a list
of all birds potentially present in your project area, please visit the AKN Phenology Tool.
11/12/2020 Event Code: 04EN1000-2021-E-00204
What does IPaC use to generate the probability of presence graphs for the migratory birds
potentially occurring in my specified location?
The probability of presence graphs associated with your migratory bird list are based on data
provided by the Avian Knowledge Network (AKN). This data is derived from a growing
collection of survey, banding, and citizen science datasets .
Probability of presence data is continuously being updated as new and better information
becomes available. To learn more about how the probability of presence graphs are produced and
how to interpret them, go the Probability of Presence Summary and then click on the "Tell me
about these graphs" link.
How do I know if a bird is breeding, wintering, migrating or present year-round in my
project area?
To see what part of a particular bird's range your project area falls within (i.e. breeding,
wintering, migrating or year-round), you may refer to the following resources: The Cornell Lab
of Ornithology All About Birds Bird Guide, or (if you are unsuccessful in locating the bird of
interest there), the Cornell Lab of Ornithology Neotropical Birds guide. If a bird on your
migratory bird species list has a breeding season associated with it, if that bird does occur in your
project area, there may be nests present at some point within the timeframe specified. If "Breeds
elsewhere" is indicated, then the bird likely does not breed in your project area.
What are the levels of concern for migratory birds?
Migratory birds delivered through IPaC fall into the following distinct categories of concern:
1. "BCC Rangewide" birds are Birds of Conservation Concern (BCC) that are of concern
throughout their range anywhere within the USA (including Hawaii, the Pacific Islands,
Puerto Rico, and the Virgin Islands);
2. "BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation
Regions (BCRs) in the continental USA; and
3. "Non -BCC - Vulnerable" birds are not BCC species in your project area, but appear on
your list either because of the Eagle Act requirements (for eagles) or (for non -eagles)
potential susceptibilities in offshore areas from certain types of development or activities
(e.g. offshore energy development or longline fishing).
Although it is important to try to avoid and minimize impacts to all birds, efforts should be made,
in particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC
species of rangewide concern. For more information on conservation measures you can
implement to help avoid and minimize migratory bird impacts and requirements for eagles,
please see the FAQs for these topics.
Details about birds that are potentially affected by offshore projects
For additional details about the relative occurrence and abundance of both individual bird species
and groups of bird species within your project area off the Atlantic Coast, please visit the
Northeast Ocean Data Portal. The Portal also offers data and information about other taxa besides
birds that may be helpful to you in your project review. Alternately, you may download the bird
model results files underlying the portal maps through the NOAA NCCOS Integrative Statistical
11/12/2020 Event Code: 04EN1000-2021-E-00204
Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic
Outer Continental Shelf project webpage.
Bird tracking data can also provide additional details about occurrence and habitat use
throughout the year, including migration. Models relying on survey data may not include this
information. For additional information on marine bird tracking data, see the Diving Bird Study
and the nanotag studies or contact Caleb Spiegel or Pam LOrinQ.
What if I have eagles on my list?
If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid
violating the Eagle Act should such impacts occur.
Proper Interpretation and Use of Your Migratory Bird Report
The migratory bird list generated is not a list of all birds in your project area, only a subset of
birds of priority concern. To learn more about how your list is generated, and see options for
identifying what other birds may be in your project area, please see the FAQ "What does IPaC
use to generate the migratory birds potentially occurring in my specified location". Please be
aware this report provides the "probability of presence" of birds within the 10 km grid cell(s) that
overlap your project; not your exact project footprint. On the graphs provided, please also look
carefully at the survey effort (indicated by the black vertical bar) and for the existence of the "no
data" indicator (a red horizontal bar). A high survey effort is the key component. If the survey
effort is high, then the probability of presence score can be viewed as more dependable. In
contrast, a low survey effort bar or no data bar means a lack of data and, therefore, a lack of
certainty about presence of the species. This list is not perfect; it is simply a starting point for
identifying what birds of concern have the potential to be in your project area, when they might
be there, and if they might be breeding (which means nests might be present). The list helps you
know what to look for to confirm presence, and helps guide you in knowing when to implement
conservation measures to avoid or minimize potential impacts from your project activities,
should presence be confirmed. To learn more about conservation measures, visit the FAQ "Tell
me about conservation measures I can implement to avoid or minimize impacts to migratory
birds" at the bottom of your migratory bird trust resources page.
11/12/2020 Event Code: 04EN1000-2021-E-00204
1
Wetlands
Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under Section
404 of the Clean Water Act, or other State/Federal statutes.
For more information please contact the Regulatory Program of the local U.S. Army Corps of
Engineers District.
Please note that the NWI data being shown may be out of date. We are currently working to
update our NWI data set. We recommend you verify these results with a site visit to determine
the actual extent of wetlands on site.
FRESHWATER FORESTED/SHRUB WETLAND
■ PFO1A
FRESHWATER POND
■ PUBHh
RIVERINE
■ R4SBC
■ R5UBH
United States Department of the Interior'-,�4 =-
.` FISH AND WILDLIFE SERVICE
Asheville Ecological Services Field Office
160 Zillicoa Street
Asheville, NC 28801-1082
Phone: (828) 258-3939 Fax: (828) 258-5330
ht!p://www.fws.izov/nc-es/es/couniyft.html
In Reply Refer To: September 09, 2019
Consultation Code: 04EN1000-2019-SLI-0726
Event Code: 04EN1000-2019-E-01862
Project Name: Annsborough Park offsite sewer alt. 1
Subject: List of threatened and endangered species that may occur in your proposed project
location, and/or may be affected by your proposed project
To Whom It May Concern:
The attached species list identifies threatened, endangered, proposed and candidate species, as
well as proposed and final designated critical habitat, that may occur within the boundary of your
proposed project and/or may be affected by your proposed project. Although not required by
section 7, many agencies request species lists to start the informal consultation process and begin
their fulfillment of the requirements under section 7(c) of the Endangered Species Act (Act) of
1973, as amended (16 U.S.C. 1531 et seq.).
This list, along with other helpful resources, is also available on the U.S. Fish and Wildlife
Service (Service) Asheville Field Office's (AFO) website: hgps://www.fws.2ov/raleigh/species/
cntylist/nc_counties.html. The AFO website list includes "species of concern" species that could
potentially be placed on the federal list of threatened and endangered species in the future. Also
available are:
Design and Construction Recommendations
https://www.fws.aov/asheville/htmis/protect review/Recommendations.html
Optimal Survey Times for Federally Listed Plants
https://www.fws.gov/nc-es/plant/plant survey.html
Northern long-eared bat Guidance
hags://www.fws.gov/asheville/htmis/project review/NLEB_in_Vv`NC.html
Predictive Habitat Model for Aquatic Species
hitps://www.fws.gov/asheville/htmls/Maxent/Maxent.html
09/09/2019 Event Code: 04EN1000-2019-E-01862
New information based on updated surveys, changes in the abundance and distribution of
species, changed habitat conditions, or other factors could require modifications of these lists.
Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act,
the accuracy of the species lists should be verified after 90 days. This verification can be
completed formally or informally as desired. The Service recommends that verification be
completed by visiting the ECOS-IPaC website or the AFO website (the AFO website dates each
county list with the day of the most recent update/change) at regular intervals during project
planning and implementation for updates to species lists and information. An updated list may be
requested through the ECOS-IPaC system by completing the same process used to receive the
enclosed list or by going to the AFO website.
The purpose of the Act is to provide a means whereby threatened and endangered species and the
ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the
Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to
utilize their authorities to carry out programs for the conservation of threatened and endangered
species and to determine whether projects may affect threatened and endangered species and/or
designated critical habitat.
A Biological Assessment is required for construction projects (or other undertakings having
similar physical impacts) that are major Federal actions significantly affecting the quality of the
human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2)
(c)). For projects other than major construction activities, the Service suggests that a Biological
Evaluation similar to a Biological Assessment be prepared to determine whether the project may
affect listed or proposed species and/or designated or proposed critical habitat. Recommended
contents of a Biological Assessment are described at 50 CFR 402.12 and on our office's website
at hiips://www.fws.izov/asheville/htmls/project—review/assessment guidance.html.
If a Federal agency (or their non-federal representative) determines, based on the Biological
Assessment or Biological Evaluation, that listed species and/or designated critical habitat may be
affected by the proposed project, the agency is required to consult with the Service pursuant to
50 CFR 402. In addition, the Service recommends that candidate species, proposed species, and
proposed critical habitat be addressed within the consultation. More information on the
regulations and procedures for section 7 consultation, including the role of permit or license
applicants, can be found in the "Endangered Species Consultation Handbook" at: htlp://
www.fws.jzov/endanp-ered/esa-libLar
Though the bald eagle is no longer protected under the Endangered Species Act, please be aware
that bald and golden eagles are protected under the Bald and Golden Eagle Protection Act (16
U.S.C. 668 et seq.), and projects affecting these species may require additional consultation (see
h!Ws://www.fws.gov/southeast/our-services/pennits/eap-l). Wind energy projects should follow
the wind energy guidelines (hqp://www.fws.gov/windenergy/) for minimizing impacts to
migratory birds (including bald and golden eagles) and bats.
Guidance for minimizing impacts to migratory birds for projects including communications
towers (e.g., cellular, digital television, radio, and emergency broadcast) can be found at: h1W.//
09/09/2019 Event Code: 04EN1000-2019-E-01862
www. fws.izov/migratoab irds/CurrentB irdl s sues/Hazards/towers/towers. htm;
hqp://www.towerkill.com; and htW://www.fws. og v/mi rg atorybirds/CurrentBirdlssues/Hazards/
towers/comtow.html.
We appreciate your concern for threatened and endangered species. The Service encourages
Federal agencies to include conservation of threatened and endangered species into their project
planning to further the purposes of the Act. Please include the Consultation Tracking Number in
the header of this letter with any request for consultation or correspondence about your project
that you submit to our office.
Attachment(s):
• Official Species List
• Migratory Birds
• Wetlands
09/09/2019 Event Code: 04EN1000-2019-E-01862
Official Species List
This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the
requirement for Federal agencies to "request of the Secretary of the Interior information whether
any species which is listed or proposed to be listed may be present in the area of a proposed
action".
This species list is provided by:
Asheville Ecological Services Field Office
160 Zillicoa Street
Asheville, NC 28801-1082
(828) 258-3939
09/09/2019 Event Code: 04EN1000-2019-E-01862
2
Project Summary
Consultation Code: 04EN1000-2019-SLI-0726
Event Code: 04EN1000-2019-E-01862
Project Name: Annsborough Park offsite sewer alt. 1
Project Type: WASTEWATER PIPELINE
Project Description: Sanitary sewer connection to serve future development. Alternative
alignment 1, current.
Project Location:
Approximate location of the project can be viewed in Google Maps: Mips:
www.google.com/mgps/Tlace/35.41485800412927N80.7333680119522W
��V
Counties: Cabarrus, NC
09/09/2019
Event Code: 04EN 1 000-2019-E-0 1862
Endangered Species Act Species
There is a total of 3 threatened, endangered, or candidate species on this species list.
Species on this list should be considered in an effects analysis for your project and could include
species that exist in another geographic area. For example, certain fish may appear on the species
list because a project could affect downstream species.
IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA
Fisheriesl, as USFWS does not have the authority to speak on behalf of NOAA and the
Department of Commerce.
See the "Critical habitats" section below for those critical habitats that lie wholly or partially
within your project area under this office's jurisdiction. Please contact the designated FWS office
if you have questions.
1. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an
office of the National Oceanic and Atmospheric Administration within the Department of
Commerce.
Mammals
NAME STATUS
Northern Long-eared Bat Myotis septentrionalis Threatened
No critical habitat has been designated for this species.
Species profile: hgps://ecos.fws.izov/ecp/species/9045
Clams
STATUS
Carolina Heelsplitter Lasmigona decorata Endangered
There is final critical habitat for this species. Your location is outside the critical habitat.
Species profile: htips:Hecos.fws.2ov/ecp/species/3534
Flowering Plants
NAME STATUS
Schweinitz's Sunflower Helianthus schweinitzii Endangered
No critical habitat has been designated for this species.
Species profile: htips://ecos.fws. og v/ecp/species/3849
09/09/2019 Event Code: 04EN1000-2019-E-01862
Critical habitats
THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S
.JURISDICTION.
09/09/2019
Event Code: 04EN1000-2019-E-01862
Migratory Birds
Certain birds are protected under the Migratory Bird Treaty Actl and the Bald and Golden Eagle
Protection Acts.
Any person or organization who plans or conducts activities that may result in impacts to
migratory birds, eagles, and their habitats should follow appropriate regulations and consider
implementing appropriate conservation measures, as described below.
1. The Migratory Birds Treaty Act of 1918.
2. The Bald and Golden Eagle Protection Act of 1940.
3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)
The birds listed below are birds of particular concern either because they occur on the USFWS
Birds of Conservation Concern (BCC) list or warrant special attention in your project location.
To learn more about the levels of concern for birds on your list and how this list is generated, see
the FAQ below. This is not a list of every bird you may find in this location, nor a guarantee that
every bird on this list will be found in your project area. To see exact locations of where birders
and the general public have sighted birds in and around your project area, visit the E-bird data
mapping tool (Tip: enter your location, desired date range and a species on your list). For
projects that occur off the Atlantic Coast, additional maps and models detailing the relative
occurrence and abundance of bird species on your list are available. Links to additional
information about Atlantic Coast birds, and other important information about your migratory
bird list, including how to properly interpret and use your migratory bird report, can be found
helnw_
For guidance on when to schedule activities or implement avoidance and minimization measures
to reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE
SUMMARY at the top of your list to see when these birds are most likely to be present and
breeding in your project area.
BREEDING
NAME SEASON
Bald Eagle Haliaeetus leucocephalus Breeds Sep 1 to
This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention Jul 31
because of the Eagle Act or for potential susceptibilities in offshore areas from certain types
of development or activities.
hgps://ecos. fws.gov/eo/spec ies/ 1626
Prairie Warbler Dendroica discolor Breeds May 1
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Jul 31
and Alaska.
09/09/2019
Event Code: 04EN1000-2019-E-01862
BREEDING
NAME SEASON
Prothonotary Warbler Protonotaria citrea Breeds Apr 1 to
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA Jul 31
and Alaska.
Red-headed Woodpecker Melanerpes erythrocephalus Breeds May 10
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Sep 10
and Alaska.
Rusty Blackbird Euphagus carolinus Breeds
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA elsewhere
and Alaska.
Wood Thrush Hylocichla mustelina Breeds May 10
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 31
and Alaska.
Probability Of Presence Summary
The graphs below provide our best understanding of when birds of concern are most likely to be
present in your project area. This information can be used to tailor and schedule your project
activities to avoid or minimize impacts to birds. Please make sure you read and understand the
FAQ "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting
to interpret this report.
Probability of Presence (®)
Each green bar represents the bird's relative probability of presence in the 1 Okm grid cell(s) your
project overlaps during a particular week of the year. (A year is represented as 12 4-week
months.) A taller bar indicates a higher probability of species presence. The survey effort (see
below) can be used to establish a level of confidence in the presence score. One can have higher
confidence in the presence score if the corresponding survey effort is also high.
How is the probability of presence score calculated? The calculation is done in three steps:
1. The probability of presence for each week is calculated as the number of survey events in
the week where the species was detected divided by the total number of survey events for
that week. For example, if in week 12 there were 20 survey events and the Spotted Towhee
was found in 5 of them, the probability of presence of the Spotted Towhee in week 12 is
0.25.
2. To properly present the pattern of presence across the year, the relative probability of
presence is calculated. This is the probability of presence divided by the maximum
probability of presence across all weeks. For example, imagine the probability of presence
in week 20 for the Spotted Towhee is 0.05, and that the probability of presence at week 12
(0.25) is the maximum of any week of the year. The relative probability of presence on
week 12 is 0.25/0.25 = 1; at week 20 it is 0.05/0.25 = 0.2.
09/09/2019 Event Code: 04EN1000-2019-E-01862
3. The relative probability of presence calculated in the previous step undergoes a statistical
conversion so that all possible values fall between 0 and 10, inclusive. This is the
probability of presence score.
Breeding Season( )
Yellow bars denote a very liberal estimate of the time -frame inside which the bird breeds across
its entire range. if there are no yellow bars shown for a bird, it does not breed in your project
area.
Survey Effort (1)
Vertical black lines superimposed on probability of presence bars indicate the number of surveys
performed for that species in the 10km grid cell(s) your project area overlaps. The number of
surveys is expressed as a range, for example, 33 to 64 surveys.
No Data (—)
A week is marked as having no data if there were no survey events for that week.
Survey Timeframe
Surveys from only the last 10 years are used in order to ensure delivery of currently relevant
information. The exception to this is areas off the Atlantic coast, where bird returns are based on
all years of available data, since data in these areas is currently much more sparse.
■ probability of presence breeding season I survey effort — no data
SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
Bald Eagle yy
Non -BCC Vulnerable l l I I l i 1 1 1 ..}
Prairie Warbler
BCC Rangewide (CON) +t ++++ ++++ ++++ 1 1 i E 1 l ( 1 l`. 1'. 1 +4+ ++++ "-4++ ++++ ++++
a54d�r.,'10-d avers, �...
Prothonotary I 111
Warbler ++++ +++4- ++4-t 74 . } 1 t + 4.+ ++4-+ +4-++ —+++ ++++ ++++
BCC Rangewide (CON)
Red-headed Woodpecker 1111 Jill t®+® ®ilk 'll 111' ®+ 1+++ Jill II+J
BCC Rangewide (CON)
Rusty Blackbird ++, „$+ +1++ ++++ ++++ -F—++ ++++ ++4-+ +,++ "-++, ,+„ ,,,,
BCC Rangewide (CON)
Wood Thrush ++++ ++++ ++++ ++I+ If :,. ++++ - 4-++ ++++ ++++
BCC Rangewide (CON)
Additional information can be found using the following links:
• Birds of Conservation Concern htip://www.fws.govibirds/manaaement/manaaed-species/
birds-of-conservation-concern.php
• Measures for avoiding and minimizing impacts to birds htip://www.fws.govibirds/
mans eg ment/project-assessment-tools-and-guidance/
conservation-measures.php
09/09/2019 Event Code: 04EN1000-2019-E-01862
■ Nationwide conservation measures for birds hqp://www.fws. og v/migratoiybirds/pdf/
management/nationwidestandardconservationmeasures.pdf
Migratory Birds FAQ
Tell me more about conservation measures I can implement to avoid or minimize impacts
to migratory birds.
Nationwide Conservation Measures describes measures that can help avoid and minimize
impacts to all birds at any location year round. Implementation of these measures is particularly
important when birds are most likely to occur in the project area. When birds may be breeding in
the area, identifying the locations of any active nests and avoiding their destruction is a very
helpful impact minimization measure. To see when birds are most likely to occur and be breeding
in your project area, view the Probability of Presence Summary. Additional measures and/or
permits may be advisable depending on the type of activity you are conducting and the type of
infrastructure or bird species present on your project site.
What does IPaC use to generate the migratory birds potentially occurring in my specified
location?
The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern
(BCC) and other species that may warrant special attention in your project location.
The migratory bird list generated for your project is derived from data provided by the Avian
Knowledge Network (AKN). The AKN data is based on a growing collection of survey, banding,
and citizen science datasets and is queried and filtered to return a list of those birds reported as
occurring in the IOkm grid cell(s) which your project intersects, and that have been identified as
warranting special attention because they are a BCC species in that area, an eagle (Eagle Act
requirements may apply), or a species that has a particular vulnerability to offshore activities or
development.
Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your
project area. It is not representative of all birds that may occur in your project area. To get a list
of all birds potentially present in your project area, please visit the AKN Phenology Tool.
What does IPaC use to generate the probability of presence graphs for the migratory birds
potentially occurring in my specified location?
The probability of presence graphs associated with your migratory bird list are based on data
provided by the Avian Knowledge Network (AKN). This data is derived from a growing
collection of survey, banding, and citizen science datasets .
Probability of presence data is continuously being updated as new and better information
becomes available. To learn more about how the probability of presence graphs are produced and
how to interpret them, go the Probability of Presence Summary and then click on the "Tell me
about these graphs" link.
How do I know if a bird is breeding, wintering, migrating or present year-round in my
project area?
09/09/2019 Event Code: 04EN1000-2019-E-01862
To see what part of a particular bird's range your project area falls within (i.e. breeding,
wintering, migrating or year-round), you may refer to the following resources: The Cornell Lab
of Ornithology All About Birds Bird Guide, or (if you are unsuccessful in locating the bird of
interest there), the Cornell Lab of Ornithology Neotropical Birds g iide. If a bird on your
migratory bird species list has a breeding season associated with it, if that bird does occur in your
project area, there may be nests present at some point within the timeframe specified. If "Breeds
elsewhere" is indicated, then the bird likely does not breed in your project area.
What are the levels of concern for migratory birds?
Migratory birds delivered through IPaC fall into the following distinct categories of concern:
1. "BCC Rangewide" birds are Birds of Conservation Concern (BCC) that are of concern
throughout their range anywhere within the USA (including Hawaii, the Pacific Islands,
Puerto Rico, and the Virgin Islands);
2. "BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation
Regions (BCRs) in the continental USA; and
3. "Non -BCC - Vulnerable" birds are not BCC species in your project area, but appear on
your list either because of the Eagle requirements (for eagles) or (for non -eagles)
potential susceptibilities in offshore areas from certain types of development or activities
(e.g. offshore energy development or longline fishing).
Although it is important to try to avoid and minimize impacts to all birds, efforts should be made,
in particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC
species of rngewide concern. For more information on conservation measures you can
implement to help avoid and minimize migratory bird impacts and requirements for eagles,
please see the FAQs for these topics.
Details about birds that are potentially affected by offshore projects
For additional details about the relative occurrence and abundance of both individual bird species
and groups of bird species within your project area off the Atlantic Coast, please visit the
Northeast Ocean Data Portal. The Portal also offers data and information about other taxa besides
birds that may be helpful to you in your project review. Alternately, you may download the bird
model results files underlying the portal maps through the NOAA NCCOS Integrative Statistical
Modeling; and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic
Outer Continental Shelf project webpage.
Bird tracking data can also provide additional details about occurrence and habitat use
throughout the year, including migration. Models relying on survey data may not include this
information. For additional information on marine bird tracking data, see the Diving Bird Study
and the nanotag studies or contact Caleb Spiegel or Pam Loring.
What if I have eagles on my list?
If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid
violating the Eagle Act should such impacts occur.
Proper Interpretation and Use of Your Migratory Bird Report
09/09/2019 Event Code: 04EN1000-2019-E-01862
The migratory bird list generated is not a list of all birds in your project area, only a subset of
birds of priority concern. To learn more about how your list is generated, and see options for
identifying what other birds may be in your project area, please see the FAQ "What does IPaC
use to generate the migratory birds potentially occurring in my specified location". Please be
aware this report provides the "probability of presence" of birds within the 10 km grid cell(s) that
overlap your project; not your exact project footprint. On the graphs provided, please also look
carefully at the survey effort (indicated by the black vertical bar) and for the existence of the "no
data" indicator (a red horizontal bar). A high survey effort is the key component. If the survey
effort is high, then the probability of presence score can be viewed as more dependable. In
contrast, a low survey effort bar or no data bar means a lack of data and, therefore, a lack of
certainty about presence of the species. This list is not perfect; it is simply a starting point for
identifying what birds of concern have the potential to be in your project area, when they might
be there, and if they might be breeding (which means nests might be present). The list helps you
know what to look for to confirm presence, and helps guide you in knowing when to implement
conservation measures to avoid or minimize potential impacts from your project activities,
should presence be confirmed. To learn more about conservation measures, visit the FAQ "Tell
me about conservation measures I can implement to avoid or minimize impacts to migratory
birds" at the bottom of your migratory bird trust resources page.
09/09/2019 Event Code: 04EN1000-2019-E-01862
Wetlands
Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under Section
404 of the Clean Water Act, or other State/Federal statutes.
For more information please contact the Regulatory Program of the local U.S. Arm�Co_rps of
Engineers District.
Please note that the NWI data being shown may be out of date. We are currently working to
update our NWI data set. We recommend you verify these results with a site visit to determine
the actual extent of wetlands on site.
FRESHWATER EMERGENT WETLAND
• PEM 1 C
FRESHWATER FORESTED/SHRUB WETLAND
• PFO 1 C
• PFOIA
RIVERINE
• R2UBHx
Attachment C
N.C. Natural Heritage Program Report
ten* Roy Cooper, Governor
11I� *1 NC DEPARTMENT OF
■fuse NATURAL AND CULTURAL RESOURCES S«si Hamilton, Secretary
a -sub Walter Clark Director, Land and Water Stewardship
NCNHDE-12847
September 10, 2020
Meagan Jolly
Wetlands & Waters, Inc.
328 East Broad Street
Statesville, NC 28677
RE: Annsborough Park
Dear Meagan Jolly:
The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide
information about natural heritage resources for the project referenced above.
Based on the project area mapped with your request, a query of the NCNHP database indicates that
there are no records for rare species, important natural communities, natural areas, and/or
conservation/managed areas within the proposed project boundary. Please note that although there
may be no documentation of natural heritage elements within the project boundary, it does not
imply or confirm their absence; the area may not have been surveyed. The results of this query
should not be substituted for field surveys where suitable habitat exists. In the event that rare
species are found within the project area, please contact the NCNHP so that we may update our
records.
The attached 'Potential Occurrences' table summarizes rare species and natural communities that
have been documented within a one -mile radius of the property boundary. The proximity of these
records suggests that these natural heritage elements may potentially be present in the project area
if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile
radius of the project area, if any, are also included in this report.
If a Federally -listed species is found within the project area or is indicated within a one -mile radius of
the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for
guidance. Contact information for USFWS offices in North Carolina is found here:
Fiftnr//%n/%nnei f\A/c nnv/nffirroc/Furor-fnr%i/1 icf(lffircc r-fm7cfatnr-nr1n='Z7
Please note that natural heritage element data are maintained for the purposes of conservation
planning, project review, and scientific research, and are not intended for use as the primary criteria
for regulatory decisions. Information provided by the NCNHP database may not be published
without prior written notification to the NCNHP, and the NCNHP must be credited as an information
source in these publications. Maps of NCNHP data may not be redistributed without permission.
The NC Natural Heritage Program may follow this letter with additional correspondence if a
Dedicated Nature Preserve, Registered Heritage Area, Clean Water Management Trust Fund
easement, or Federally -listed species are documented near the project area.
If you have questions regarding the information provided in this letter or need additional assistance,
please contact Rodney A. Butler at rod ney.butler(a)ncdcr.gov or 919-707-8603.
Sincerely,
NC Natural Heritage Program
Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One -mile Radius of the Project Area
Annsborough Park
September 10, 2020
NCNHDE-12847
Element Occurrences Documented Within a One -mile Radius of the Project Area
Taxonomic EO ID Scientific Name
Common Name Last Element Accuracy Federal
State
Global
Statf
Group
Observation Occurrence Status
Status
Rank
Rant
Date Rank
Butterfly 32085 Pontia protodice
Checkered White 2003-11-02 BC 3-Medium ---
Significantly
G5
S1S�
Rare
Vascular Plant 8163 Acmispon helleri
Carolina Birdfoot- 1994-08-15 D 3-Medium ---
Special
G5T3
S3
trefoil
Vascular Plant 24597 Acmispon helleri Carolina Birdfoot- 1994-09-26 F 2-High
trefoil
Vascular Plant 24596 Acmispon helleri Carolina Birdfoot- 2002-07-03 F 2-High
trefoil
Vascular Plant 11779 Desmodium Sessile Tick -trefoil 1951-08-28
sessilifolium
Vascular Plant 8456 Silphium perfoliatum Northern Cup -plant 1997-09-09
No Natural Areas are Documented Within a One -mile Radius of the Project Area
Managed Areas Documented Within a One -mile Radius of the Project Area
X? 3-Medium
X 3-Medium ---
Managed Area Name Owner Owner Type
NC Clean Water Management Trust Fund Funded NC DNCR, Clean Water Management Trust State
Project Fund
Cabarrus Soil and Water Conservation District Cabarrus Soil and Water Conservation Local Government
Conservation Property District
NC Division of Mitigation Services Easement NC DEQ, Division of Mitigation Services State
Concern
Vulnerable
Special
Concern
Vulnerable
Special
Concern
Vulnerable
Special
Concern
Historical
Threatened
G5T3 S3
G5T3 S3
G5 SH
G5 S1
Definitions and an explanation of status designations and codes can be found at httos://ncnhde.natureserve.orq/helo. Data query generated on September 10, 2020; source: NCNHP, Q3 July 2
Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database
Page 2 of 3
September 10, 2020
Project Boundary
Buffered Project Boundary
0 Managed Area (MAREA)
NCNHDE-12847: Annsborough Park
Page 3 of 3
1:27,757
0 0,225 045 0.9 mi
0 0.375 075 1.5 km
Source. Ea';. HERE. Garmn. Ini mmap. merement P Corp.. GEBCC, USGS.
FAO, NPS, NRCAN, Geo®aw, IGN. Kadasw NL, Ordnance Survey. Enn .japan.
M TI. Esri China (Hong Kongi. ici Opsn9aeetMap conmutws. and the GIS
Use, Community
Roy Cooper. Governor
NC DEPARTMENT OF
3*J NATURAL AND CULTURAL RESOURCES SLtsi Hamilton, Secretary
Walter Clark Director, Land and Water Stewardship
NCNHDE-10200
September 9, 2019
Meagan Jolly
Wetlands & Waters, Inc.
328 East Broad Street
Statesville, NC 28677
RE: Alt. 1 Annsborough Sewer
Dear Meagan Jolly:
The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide
information about natural heritage resources for the project referenced above.
Based on the project area mapped with your request, a query of the NCNHP database indicates that
there are no records for rare species, important natural communities, natural areas, and/or
conservation/managed areas within the proposed project boundary. Please note that although there
may be no documentation of natural heritage elements within the project boundary, it does not
imply or confirm their absence: the area may not have been surveyed. The results of this query
should not be substituted for field surveys where suitable habitat exists. In the event that rare
species are found within the project area, please contact the NCNHP so that we may update our
records.
The attached 'Potential Occurrences' table summarizes rare species and natural communities that
have been documented within a one -mile radius of the property boundary. The proximity of these
records suggests that these natural heritage elements may potentially be present in the project area
if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile
radius of the project area, if any, are also included in this report.
If a Federally -listed species is found within the project area or is indicated within a one -mile radius of
the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for
guidance. Contact information for USFWS offices in North Carolina is found here:
httos://www.fws.gov/offices/Directory/ListOffices.cfm?statecode=37.
Please note that natural heritage element data are maintained for the purposes of conservation
planning, project review, and scientific research, and are not intended for use as the primary criteria
for regulatory decisions. Information provided by the NCNHP database may not be published
without prior written notification to the NCNHP, and the NCNHP must be credited as an information
source in these publications. Maps of NCNHP data may not be redistributed without permission.
The NC Natural Heritage Program may follow this letter with additional correspondence if a
Dedicated Nature Preserve, Registered Heritage Area, Clean Water Management Trust Fund
easement, or Federally -listed species are documented near the project area.
If you have questions regarding the information provided in this letter or need additional assistance,
please contact Rodney A. Butler at rod ney.butler(d)ncdcr.Qov or 919-707-8603.
Sincerely,
NC Natural Heritage Program
Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One -mile Radius of the Project Area
Alt. 1 Annsborough Sewer
September 9, 2019
NCNHDE-10200
Element Occurrences Documented
Within a One -mile Radius of the Project Area
Taxonomic EO ID
Scientific Name
Common Name Last Element Accuracy Federal
State Global Stat(
Group
Observation Occurrence Status
Status Rank Ranl
Date Rank
Freshwater 4864
Villosa vaughaniana
Carolina Creekshell 1998-07-13 E 3-Medium ---
Endangered G2G3 S3
Bivalve
Freshwater Fish15945
Etheostoma collis
Carolina Darter 2016-06-01 E 3-Medium ---
Special G3 S3
Concern
Natural 19888
Piedmont/Mountain
--- 2010 AB 3-Medium ---
--- G4G5 S4
Community
Semipermanent
Impoundment (Open
Water Subtype)
Natural 30602
Piedmont/Mountain
--- 2010 AB 3-Medium ---
--- G4? S4
Community
Semipermanent
Impoundment
(Piedmont Marsh
Subtype)
Natural 30603
Piedmont/Mountain
--- 2010 AB 3-Medium ---
--- G4 S4
Community
Semipermanent
Impoundment (Shrub
Subtype)
Natural Areas Documented Within a One -mile Radius of the Project Area
Site Name
Representational Rating Collective Rating
Clarke Creek Heronry
R4 (Moderate) C5 (General)
Managed Areas Documented Within a One -mile Radius of the Project Area
Managed Area Name Owner Owner Type
NC Division of Mitigation Services Easement NC DEQ, Division of Mitigation Services State
Cabarrus Soil and Water Conservation District Cabarrus Soil and Water Conservation Local Government
Conservation Property District
Definitions and an explanation of status designations and codes can be found at httos://ncnhde.natureserve ora/content/help. Data query generated on September 9, 2019: source: NCNHP, Q.
Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database.
Page 2 of 3
N
W+E
September 9, 2019
Project Boundary
Buffered Project Boundary
f _ NHP Natural Area (NHNA)
r- Managed Area (MAREA)
NCNHDE-10200: Alt. 1 Annsborough Sewer
1� �
Page 3 of 3
1:23,050
0 02 0.4 0.8mi
0 0.3 06 1.2 km
Sources Esn, HERE. Garcon, inrxmap, increment P Corp GEOCO. USGS
FAO NPS. NRCAN, GeoOvss. IGN Kadaster NL, Ordnance Survey. Etn Japan
KE71. Esn China (Hong Korgi. (c) OpenSaee9dap contributors, and the GIS
User Corns ndy
Attachment D
US Fish & Wildlife Service
Correspondence
i
NLEB Inquiry - Cabarrus County, NC
Hamstead, Byron <byron—hamstead@fws.gov>
To: Meagan Jolly <k.meaganjolly@gmail. com>
Thanks Meagan,
Meagan Jolly <k.meaganjolly@gmail.com>
Mon, Sep 9, 2019 at 1:20 PM
Suitable summer roosting habitat may be present in the project area for the federally threatened northern long-eared bat (Myotis
septentrionalis). However, the final 4(d) rule (effective as of February 16, 2016), exempts incidental take of northern long-eared
bat associated with activities that occur greater than 0.25 miles from a known hibernation site, and greater than 150 feet from a
known, occupied maternity roost during the pup season (June 1 — July 31). Based on the information provided, the project
would occur at a location where any incidental take that may result from associated activities is exempt under the 4(d)
rule for this species.
Relatively high quality suitable habitats for the federally endangered Schweinitz's sunflower (Helianthus schweinitzii) appear to
occur onsite according to aerial imagery. This species is known to occur in disturbed areas including roadsides, utility line rights
of way, forest openings, forest edges, old pastures, and transitional edge habitats. To ensure that this species is not
inadvertently lost, targeted surveys should be conducted by a qualified botanist during the optimal survey window where
proposed project -mediated impacts overlap suitable habitats. Surveys are not needed where impacts suitable habitats will be
avoided. The optimal survey window for this species is now, late August — October (or first frost).
ask that you consider a couple other species in subsequent site evaluations: Georgia aster (Symphyotrichum georgianum,
species of concern) and bald eagle (Haliaeetus leucocephalus). Based on aerial imagery, it appears that there is relatively good
quality habitat onsite for the Georgia aster - the closest record of this species occurs a little ways west in Mecklenburg County.
The impoundment on Coddle Creek supports at least two bald eagle nest sites. I estimate that onsite conditions provide at best,
marginal quality nest sites for bald eagle. Still, I ask that you consider this species in any further site evaluation.
Please be aware that in accordance with the Act, it is the responsibility of the appropriate federal agency or its designated
representative to review its activities or programs and to identify any such activities or programs that may affect endangered or
threatened species or their habitats. If it is determined that the proposed activity may adversely affect any species federally
listed as endangered or threatened, formal consultation with this office must be initiated.
Thanks for the coordination. Please contact me if you have any q's. I am happy to help however I can.
Regards,
Byron
Byron Hamstead
Fish and Wildlife Biologist
USFWS Asheville Field Office
160 Zillicoa St., Suite B
Asheville, NC, 28801
828-258-3939 ext. 42225
This email correspondence an any attachments to and from this sender is subject to the Freedom of Information Act and may be
disclosed to third parties.
On Mon, Aug 12, 2019 at 10:47 AM Meagan Jolly <k.meaganjolly@gmail.com> wrote:
Good afternoon Byron,
am working with a client on a potential project in Cabarrus County, NC that may require tree clearing activities in the future --
this is a different project area than my previous email on August 9, 2019. Can you advise if the project area is near a known
hibernaculum or maternity roost tree? I have attached a shapefile generated by the NCNHP GIS system that contains
the project location. Your guidance is much appreciated.
Thanks,
Meagan Jolly
704.681.3479
WWETLANDS
S WATERS, INC.
The information contained in this email message is confidential and may be legally privileged and is intended only for the use of the individual
or entity named above. If you are not an intended recipient or if you have received this message in error, you are hereby notified that any
dissemination, distribution or copy of this email is strictly prohibited. If you have received this email in error, please immediately notify us by
return email or telephone if the sender's phone number is listed above, then promptly and permanently delete this message. Thank you for
your cooperation and consideration.
Attachment E
US Fish & Wildlife Service Optimal Survey
Windows for Protected Plant Species
OPTIMAL SURVEY WINDOWS AND NUMBER OF YEARS A SURVEY IS VALID FOR
NORTH CAROLINA'S FEDERALLY THREATENED, ENDANGERED, AND AT -RISK PLANT SPECIES
SCIENTIFIC NAME
COMMON NAME
STATUS
SURVEY WINDOW
YEARS SURVEY
IS VALID
Aeschynomene virginica
sensitive joint -vetch
T
July — October
1
Amaranthus pumilus
seabeach amaranth
T
July - October
(or before first tropical storm
that causes overwash)
1
Amorpha georgiana var.
eorgiana
Georgia lead -plant
ARS
late April —October
2
Cardamine micranthera
small-anthered
bittercress
E
April - May
1
Carex impressinervia
impressed -nerved sedge
ARS
April - May
2
Carex lutea
golden sedge
E
mid April - mid June
2
Dionaea muscipula
Venus flytrap
ARS
late May —June
2
Echinacea laevigata
smooth coneflower
E
late May — October
2
Fimbristylis perpusilla
Harper's fimbristylis
ARS
July — September
2
Geum radiatum
spreading avens
E
June — September
2
Gymnoderma lineare
rock gnome lichen
E
year round
2
Hedyotis purpurea var.
montana
Roan Mountain bluet
E
June —July
2
Helianthus schweinitzii
Schweinitz's sunflower
E
late August — October
2
Helonias bullata
swamp pink
T
April — May
2
Hexastylis naniflora
dwarf -flowered heartleaf
T
March — May
2
Hudsonia montana
mountain golden heather
T
late May - early June
2
Isoetes microvela
thin -wall quillwort
ARS
April —July
1
Isotria medeoloides
small whorled pogonia
T
mid May - early July
1
Liatris helleri
Heller's blazing star
T
July — September
2
Lindera melissifolia
pondberry
E
February —March;
September - October
2
Lindera subcoriacea
bog spicebush
ARS
March - August
2
Lobelia boykinii
Boykin's Lobelia
ARS
May —July
2
Ludwigia ravenii
Raven's seedbox
ARS
June - October
2
Lysimachia asperulaefolia
rough -leaved loosestrife
E
mid May — September
2
Macbridea caroliniana
Carolina birds -in -a -nest
ARS
July — November
2
Minuartia godfreyi
Godfrey's stitchwort
ARS
April —June
2
Oxypolis canbyi
Canby's dropwort
E
mid July — September
2
Platanthera integrilabio
white fringeless orchid
T
mid July - late August
2
Ptilimnium nodosum
harperella
E
July — early September
(during low water)
1
Rhus michauxii
Michaux's sumac
E
May — October
2
Rhynchosporacrinipes
hairy-peduncledbeakrush
ARS
July — September
2
Rudbeckia heliopsidis
sun -facing coneflower
ARS
July — September
2
Sagittaria fasciculato
bunched arrowhead
E
mid May —July
2
Sarracenia oreophila
green pitcher -plant
E
I late April — October
2
Sarracenia purpurea var.
montano
mountain purple pitcher-
plant
ARS
April —October
2
Sarracena rubra ssp. jonesii
mountain sweet pitcher-
plant
E
April —October
2
SCIENTIFIC NAME
COMMON NAME
STATUS
SURVEY WINDOW
YEARS SURVEY
IS VALID
Schwalbea americans
American chaffseed
E
May - August
(1-2 months after a fire)
2
Sisyrinchium dichotomum
white irisette
E
late May —July
2
Solidago plumoso
Yadkin River goldenrod
CCA
September — October
2
Solidago spithamaea
Blue Ridge goldenrod
T
July — September
2
Symphyotrichum georgianum
Georgia aster
CCA
October - mid November
2
Spiraea virginiana
Virginia spiraea
T
May - early July
2
Sporobolus teretifolius
wire -leaved dropseed
ARS
July — September
(following fire)
2
Thalictrum cooleyi
Cooley's meadowrue
E
I
mid June - early July
2
Tsuga caroliniana
lCarolina hemlock
ARS
year round
2
STATUS KEY:
E - Federally endangered
T - Federally threatened
ARS - Proposed for listing as threatened or endangered under the ESA, candidate species for listing, or petitioned by
a third party for listing. ARS species listed above have "substantial" 90-day findings and are undergoing status
reviews (awaiting 12-month findings).
CCA - Species subject to a candidate conservation agreement.
OTHER NOTES:
These survey windows were determined from species recovery plans, field observations, herbaria specimens, and
NC Natural Heritage Program information. For additional information about these species, please visit the U.S. Fish
and Wildlife Service Asheville Field Office webpage at https://www.fws.gov/asheville/ or the Raleigh Field Office
webpage at https://www.fws.gov/raleigh/.
If suitable habitat for species is present in the proposed impact area, the U.S. Fish and Wildlife Service will likely
request species surveys, conducted by a qualified biologist, during the optimal survey window. Projects are
reviewed on a case -by -case basis and you are encouraged to contact a Section 7 coordinator early in the project
planning process. To discuss your project and survey requirements with a Section 7 coordinator, please contact the
Asheville Field Office at 828-258-3939 or the Raleigh Field Office at 919-856-4520
Version date: March 10, 2020
CAE
CA0267 Charles T.
Log HOL15e
Cox Mill