HomeMy WebLinkAbout20200575 Ver 2_Modification Request_20210520Staff Review Form
Updated September 4, 2020
Staff Review
Does this application have all the attachments needed to accept it into the review process?*
6* Yes r No
ID#* Version* 2
20200575
Is this project a public transportation project?*
r Yes
r No
Reviewer List:* Alan Johnson:eads\adjohnson1
Select Reviewing Office:*
Mooresville Regional Office - (704) 663-1699
Does this project require a request for payment to be sent?*
Yes
r
No
How much is
owed?*
r $240.00
r $570.00
Project Submittal Form
Please note: fields marked with a red asterisk * below are required. You will not be able to submit the form until all
mandatory questions are answered.
Project Type:*
✓ For the Record Only (Courtesy Copy)
✓ New Project
✓ Modification/New Project with Existing ID
✓ More Information Response
✓ Other Agency Comments
✓ Pre -Application Submittal
✓ Re-Issuance\Renewal Request
✓ Stream or Buffer Appeal
Pre -Filing Meeting Information
Before submitting this form please ensure you have submitted the Pre -Filing Meeting Request Form as we will not
be able to accept your application without this important first step. The Pre -Filing Meeting Request Form is used in
accordance with 40 C.F.R. Section 121.4(a) "At least 30 days prior to submitting a certification request, the project
proponent shall request a pre -filing meeting with the certifying agency" and in accordance with 40 C.F.R. Section
121.5(b)(7), and (c)(5) all certification requests shall include documentation that a pre -filing meeting request was
submitted to the certifying authority at least 30 days prior to submitting the certification request. Click here to read
more information on when this form is needed prior to application submission or here to view the form.
Attach documentation of Pre -Filing Meeting Request here:
DWR Pre -Filing Meeting Request Form (17).pdf 53.87KB
Date for Meeting Request 4/16/2021
ID# 20200575 Version 2
Project Contact Information
Name: Aliisa Harjuniemi
Who is submitting the inforrration?
Email Address: aliisa@cws-inc.net
Project Information
Existing ID #:
200575
20170001 (no dashes)
Project Name: Frank Grier Road
Is this a public transportation project?
r Yes
a No
Existing Version:
1
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
r Yes r No r Unknown
County (ies)
Mecklenburg
Please upload all files that need to be submited.
Click the upload button or drag and drop files here to attach docurrent
2018-0406.Frank Grier.5.19.21.NWP29_Mod.pdf 23.78MB
Only pdf or krrz files are accepted.
Describe the attachments
or comments:
The purpose of the project is to develop the property for a single-family subdivision. USACE and NCDEQ
have previously issued the 404 and 401 permits for this project. However, at Charlotte Water's request the
headwall structures have been moved outside of any proposed easement required for new water or sewer
mains. As a result of relocating headwall structures additional wetland and stream disturbances are
necessary for construction. To facilitate maintenance storm structure are not allowed within CLT Water
Easements. The new wetland disturbance total 0.28 acres (0.04 acre increase), and the new total for stream
impacts is 189 linear feet (8 linear feet increase). The previous permit verifications are attached (SAW-2019-
01139, DWR# 20-0575).
Sign and Submit
I-J By checking the box and signing box below, I certify that:
• I, the project proponent, hereby certifies that all information contained herein is true, accurate, and complete to
the best of my knowledge and belief.
• I, the project proponent, hereby requests that the certifying authority review and take action on this CWA 401
certification request within the applicable reasonable period of time.
• I agree that submission of this online form is a "transaction" subject to Chapter 66, Article 40 of the NC General
Statutes (the "Uniform Electronic Transactions Act");
• I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General
Statutes (the "Uniform Electronic Transactions Act");
• I understand that an electronic signature has the same legal effect and can be enforced in the same way as a
written signature; AND
• I intend to electronically sign and submit the online form.
Signature:
[j-7/r72,14 c g1We;:wee.-
Submittal Date: Is filled in autonatically.
Preliminary ORM Data Entry Fields for New Actions
SAW – 201 Ͳ BEGIN DATE [Received Date]:
Prepare file folder Assign Action ID Number in ORM
1.Project Name [PCN FŽƌm A2a]:
2.Work Type: Private Institutional Government Commercial
3.Project Description / Purpose [PCN Form B3d and B3e]:
4.Property Owner / Applicant [PCN Form A3 or A4]:
5.Agent / Consultant [PCN Form A5 – or ORM Consultant ID Number]:
6.Related Action ID Number(s) [PCN Form B5b]:
7.Project Location - Coordinates͕^ƚƌĞĞƚĚĚƌĞƐƐ͕ĂŶĚͬŽƌ>ŽĐĂƚŝŽŶĞƐĐƌŝƉƚŝŽŶ[PCN Form B1b]:
8.Project Location - Tax Parcel ID [PCN Form B1a]:
9.Project Location – County [PCN Form A2b]:
10.Project Location – Nearest Municipality or Town [PCN Form A2c]:
11.Project Information – Nearest Waterbody [PCN Form B2a]:
ϭϮ͘tĂƚĞƌƐŚĞĚͬϴͲŝŐŝƚ,LJĚƌŽůŽŐŝĐhŶŝƚŽĚĞWE&ŽƌŵϮĐ͗
Authorization: Section 10 Section 404 Section 10 & 404
Regulatory Action Type:
Standard Permit
Nationwide Permit #
Regional General Permit #
Jurisdictional Determination Request
Pre-Application Request
Unauthorized ĐƚŝǀŝƚLJ
Compliance
EŽWĞƌŵŝƚZĞƋƵŝƌĞĚ
Revised 20150602
9 1139
Frank Grier Road
✔
The purpose of the project is to develop the property for a single-family subdivision. This is a
modification request to a previously issued Nationwide Permit.
Applicant: Eastwood Homes; POC: Brad Dyer
CWS; POC: Ms. Aliisa Harjuniemi, PWS
SAW-2019-01139
East of the Plott Road and Plaza Road Extension intersection in Charlotte,North Carolina.
35.251893, -80.709868
10811227, and 10811229
Mecklenburg
Charlotte
UT to Reedy Creek
03040105
✔
✔29
CAROLINA WETLAND SERVICES, INC.
550 E. Westinghouse Blvd.
Charlotte, NC 28273
704-527-1177 (office)
704-527-1133 (fax)
Mr. Bryan Roden -Reynolds
U.S. Army Corps of Engineers, Charlotte Regulatory Office
8430 University Executive Park Drive
Charlotte, NC 28262
Mr. Alan Johnson
NCDWR, 401 & Buffer Permitting Unit
512 N. Salisbury St., 9th Floor
Raleigh, NC 27604
Date: May 19, 2021
Subject: Permit Modification Request to Nationwide Permit No. 29
Frank Grier Road
Charlotte, North Carolina
CWS Project No. 2018-0406
Dear Mr. Roden -Reynolds and Mr. Johnson,
The Frank Grier Road site is approximately 40 acres in extent and is located east of the Plott Road and
Plaza Road Extension intersection in Mecklenburg County, North Carolina (Figures 1 and 2, Attachment A).
Eastwood Homes has contracted Carolina Wetland Services, Inc. (CWS) to provide Section 404/401
permitting services for this project. An executed Agent Authorization Form is attached (Attachment B).
The purpose of the project is to develop the property for a single-family subdivision. USACE and NCDEQ
have previously issued the 404 and 401 permits for this project. However, at Charlotte Water's request the
headwall structures have been moved outside of any proposed easement required for new water or sewer
mains. As a result of relocating headwall structures additional wetland and stream disturbances are
necessary for construction. To facilitate maintenance storm structure are not allowed within CLT Water
Easements. The new wetland disturbance total 0.28 acres (0.04 acre increase), and the new total for stream
impacts is 189 linear feet (8 linear feet increase). The previous permit verifications are attached
(SAW-2019-01139, DWR# 20-0575).
CWS is submitting an updated Pre -Construction Notification pursuant to Nationwide Permit No. 29 to the
U.S. Army Corps of Engineers for proposed permanent impacts to jurisdictional waters of the U.S.
associated with developing the property for a single-family residential subdivision.
A copy of the PCN application is being provided to the North Carolina Division of Environmental Quality
(NCDEQ) with a check of $570 for the 401 Water Quality Certification approval fee.
Frank Grier Road
Transmittal Letter
May 19, 2021
CWS Project No. 2018-0406
ATTACHMENTS INCLUDED:
DESCRIPTION
Attachment A - Figures 1-7
Attachment B - Agent Authorization Form
Attachment C - General Permit Verification and PJD (SAW-2019-01139)
Attachment D - Water Quality Certification (DWR# 20-0575)
Attachment E - Proposed Impacts
Attachment F - Protected Species Habitat Assessment
Attachment G - ILF Acceptance Letter and Payment Receipt for Previously Authorized Impacts
Attachment H - SHPO Letter
Attachment I - Photopage (Photographs 1-12)
Please do not hesitate to contact Aliisa Harjuniemi at 980-259-1222 or aliisa@cws-inc.net should you have
any questions or comments regarding this request.
Sincerely,
Megan Bollero, WPIT
Project Manager
Aliisa Harjuniemi, PWS
Senior Project Manager
Page 2 of 2
Page 1 of 17
PCN Form – Version 1.4 January 2009
Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.4 January 2009
Pre-Construction Notification (PCN) Form
A. Applicant Information
1. Processing
1a. Type(s) of approval sought from the Corps: ☒ Section 404 Permit ☐ Section 10 Permit
1b. Specify Nationwide Permit (NWP) number: 29 or General Permit (GP) number:
1c. 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
1e. Is this notification solely for the record
because written approval is not required?
For the record only for DWQ
401 Certification:
☐ Yes ☒ No
For the record only for Corps Permit:
☐ Yes ☒ 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.
☒ Yes ☐ No
1g. Is the project located in any of NC’s twenty coastal counties. If yes, answer 1h
below. ☐ Yes ☒ No
1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ☐ Yes ☒ No
2. Project Information
2a. Name of project: Frank Grier Road
2b. County: Mecklenburg
2c. Nearest municipality / town: Charlotte
2d. Subdivision name: N/A
2e. NCDOT only, T.I.P. or state project no:
3. Owner Information
3a. Name(s) on Recorded Deed: GCAM GRIER MEADOWS LLC
3b. Deed Book and Page No. 35399-705
3c. Responsible Party (for LLC if
applicable):
3d. Street address: 250 GIBRALTAR RD
3e. City, state, zip: HORSHAM PA 19044
3f. Telephone no.: POC: Mr. Brad Dyer: 980‐721‐0919
3g. Fax no.:
3h. Email address: POC: Mr. Brad Dyer: bdyer@eastwoodhomes.com
Page 2 of 17
PCN Form – Version 1.4 January 2009
4. Applicant Information (if different from owner)
4a. Applicant is: ☐ Agent ☒ Other
4b. Name: Mr. Brad Dyer
4c. Business name
(if applicable):
Eastwood Homes
4d. Street address: 2857 Westport Road
4e. City, state, zip: Charlotte, NC 28208
4f. Telephone no.: 980‐721‐0919
4g. Fax no.: N/A
4h. Email address: bdyer@eastwoodhomes.com
5. Agent/Consultant Information (if applicable)
5a. Name: Aliisa Harjuniemi, PWS
5b. Business name
(if applicable):
Carolina Wetland Services, Inc.
5c. Street address: 550 E. Westinghouse Blvd.
5d. City, state, zip: Charlotte, NC 28273
5e. Telephone no.: 980‐259‐1222
5f. Fax no.: N/A
5g. Email address: aliisa@cws‐inc.net
Page 3 of 17
PCN Form – Version 1.4 January 2009
B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID): 10811227, and 10811229
1b. Site coordinates (in decimal degrees): Latitude: 35.251893° Longitude: -80.709868°
1c. Property size: 40 acres
2. Surface Waters
2a. Name of nearest body of water to proposed project: Reedy Creek
2b. Water Quality Classification of nearest receiving water: Class C
2c. River basin: Yadkin (HUC 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:
The project area consists of undeveloped forested. On-site elevations range from 690-750 feet above mean sea level (Figure
2). Land cover within the project area consists of deciduous forest, mixed forest, and woody wetlands (Figure 3). The
surrounding land use consists of single-family residential areas and undeveloped forested areas.
According to the United States Department of Agriculture - Natural Resources Conservation Service (USDA-NRCS) Web Soil
Survey of Mecklenburg County (Figure 4) and the NRCS Historic Soil Survey for Mecklenburg County (Figure 5), current and
historic on-site soils consist of two different soil types. None of the on-site soils are listed on the Web Soil Survey as containing
hydric inclusions. National Wetlands Inventory GIS layer does not depict any wetlands within the project limits (Figure 6).
There are eleven jurisdictional waters of the U.S. located within the project boundary totaling approximately 2.22 acres, including
1,507 linear feet of jurisdictional stream channel (Figure 7). These waters consist of seven jurisdictional wetlands (Wetlands
AA-GG), and four jurisdictional stream channels (Streams A-D)
3b. List the total estimated acreage of all existing wetlands on the property:
2.08 ac.
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 809 linear feet of
perennial stream, 698 linear feet of intermittent stream
3d. Explain the purpose of the proposed project:
The purpose of this project is to develop the property into single-family residential subdivision. This project will provide
residential housing for Charlotte to meet the growing demand for housing due to rapid population growth in the Charlotte
metropolitan area.
Page 4 of 17
PCN Form – Version 1.4 January 2009
3e. Describe the overall project in detail, including the type of equipment to be used:
The project proposed developing the site for single-family residential subdivision. Under NWP No. 29, proposed impacts to
jurisdictional waters associated with this project total 0.28 acre of jurisdictional wetland and 189 linear feet of stream channel.
The proposed site plan and impacts are depicted in Attachment E.
Crossings 1-3
Proposed widening of the Frank Grier Road in order to meet the City of Charlotte requirements will result in both permanent
and temporary impacts to the jurisdictional features located along the existing road. The footprint of the road has been
minimized to the maximum extent practicable. The permanent stream impacts are result of the culvert extensions and
associate rip rap aprons and dewatering system (S1-S6). The wetland impacts due to the road widening consist of fill and
temporary clearing for the construction (W1-W7).
Crossing 4
Proposed wetland crossing in the western portion of the property is required to meet block length and connectivity requirements
for the City of Charlotte. The wetland impacts due to this road crossing consist of fill for the road and temporary clearing for the
construction (W8-W9). A culvert will be installed to maintain the hydrologic connection between the up-and-downgradient
portions.
Typical construction equipment such as excavators, track hoes, and bulldozers will be used to construct this development.
Page 5 of 17
PCN Form – Version 1.4 January 2009
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by
the Corps or State been requested or obtained for this
property / project (including all prior phases) in the
☒ Yes ☐ No ☐ Unknown
Comments:
4b. If the Corps made the jurisdictional determination,
what type of determination was made? ☒ Preliminary ☐ Final
4c. If yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company:
Other: CWS
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
Preliminary Jurisdictional Determination, dated February 3, 2020 is included as Attachment C (SAW-2019-01139).
5. Project History
5a. Have permits or certifications been requested or
obtained for this project (including all prior phases) in
?
☒ Yes ☐ No ☐ Unknown
5b. If yes, explain in detail according to “help file” instructions.
USACE and NCDEQ have previously issued the 404 and 401 permits for this project. However, at Charlotte Water’s request
the headwall structures have been moved outside of any proposed easement required for new water or sewer mains. As a
result of relocating headwall structures additional wetland and stream disturbances are necessary for construction. To facilitate
maintenance storm structure are not allowed within CLT Water Easements.
The new wetland disturbance total 0.28 acres (0.04 acre increase), and the new total for stream impacts is 189 linear feet (8
linear feet increase). The previous permit verifications are attached as Attachments C and D (SAW-2019-01139, DWR# 20-
0575, respectively).
6. Future Project Plans
6a. Is this a phased project? ☐ Yes ☒ No
6b. If yes, explain.
Page 6 of 17
PCN Form – Version 1.4 January 2009
C. Proposed Impacts Inventory
1. Impacts Summary
1a. 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.
Wetland impact
number
Permanent (P) or
Temporary (T)
2b.
Type of impact
2c.
Type of wetland
2d.
Forested
2e.
Type of jurisdiction
Corps (404,10) or
DWQ (401, other)
2f. Area
of
impact
(acres)
W1 P Fill Headwater Forest Yes 404 0.03
W2 T Clearing for construction Headwater Forest Yes 404 0.01
W3 P Fill Headwater Forest Yes 404 0.05
W4 T Clearing for construction Headwater Forest Yes 404 0.03
W5 P Clearing for sewer easement Headwater Forest Yes 404 0.01
W6 P Fill Headwater Forest Yes 404 0.03
W7 T Clearing for construction Headwater Forest Yes 404 0.02
W8 P Fill Headwater Forest Yes 404 0.08
W9 T Clearing for construction Headwater Forest Yes 404 0.02
2g. Total Wetland Impacts: 0.28 ac.
2h. Comments:
Proposed permanent wetland impacts total 0.20 ac.
Proposed temporary wetland impacts total 0.08 ac.
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a.
Stream impact
number
Permanent (P) or
Temporary (T)
3b.
Type of impact
3c.
Stream
name
3d.
Perennial (PER) or
intermittent (INT)?
3e.
Type of
jurisdiction
3f.
Average
stream
width
(feet)
3g.
Impact
length
(linear
feet)
S1 P Culvert extension Stream D INT Corps 3 20
S2 P Rip rap Stream D INT Corps 3 13
S3 P Fill due to road widening Stream C INT Corps 2 95
S4 P Culvert extension Stream A PER Corps 4 18
S5 P Rip rap Stream A PER Corps 4 23
S6 T Dewatering system Stream A Per Corps 4 20
3h. Total stream and tributary impacts 189 lf
Page 7 of 17
PCN Form – Version 1.4 January 2009
3i. Comments:
Proposed loss of stream channel total 134 lf
Proposed permanent impacts total 169 lf
Proposed temporary impacts total 20 lf
Page 8 of 17
PCN Form – Version 1.4 January 2009
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.
Open water
impact number
Permanent (P) or
Temporary (T)
4b.
Name of waterbody
(if applicable
4c.
Type of impact
4d.
Waterbody
type
4e.
Area of impact (acres)
O1 ‐ Choose One Choose
O2 ‐ Choose One Choose
O3 ‐ Choose One Choose
O4 ‐ Choose One Choose
4f. Total open water impacts
4g. Comments:
5. Pond or Lake Construction
If pond or lake construction proposed, then complete the chart below.
5a.
Pond ID number
5b.
Proposed use or
purpose of pond
5c.
Wetland Impacts (acres)
5d.
Stream Impacts (feet)
5e.
Upland
(acres)
Flooded Filled Excavated Flooded Filled Excavated
P1 Choose One
P2 Choose One
5f. Total:
5g. Comments:
5h. Is a dam high hazard permit required? ☐ Yes ☐ No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If any impacts require mitigation, then you MUST fill out Section D of this form.
6a. Project is in which protected basin?
☐ Neuse ☐ Tar-Pamlico ☐ Catawba ☐ Randleman ☐ Other:
6b.
Buffer Impact
number –
Permanent (P) or
Temporary (T)
6c.
Reason for impact
6d.
Stream name
6e.
Buffer
mitigation
required?
6f.
Zone 1
impact
(square
feet)
6g.
Zone 2
impact
(square
feet)
B1
B2
B3
B4
B5
Page 9 of 17
PCN Form – Version 1.4 January 2009
B6 ‐ Yes/No
6h. Total Buffer Impacts:
6i. Comments:
Page 10 of 17
PCN Form – Version 1.4 January 2009
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
To avoid and minimize impacts to jurisdictional waters of the U.S., the site was delineated prior to finalizing the site plan and the
proposed site plan was designed around the delineation results. Approximately 1,318 linear feet of on-site stream channel and
1.80 acres of wetland were avoided through site design. Wingwall at the inlet and outlets of the culverts are utilized to minimize
the length of the impacts.
Two lots were removed (between the lots 71 and 72) to avoid approximately 0.07 acre of additional impacts to Wetland EE.
Proposed widening of the Frank Grier Road is needed to meet the City of Charlotte requirements. The footprint of the road has
been minimized to the maximum extent practicable. Without the road widening, the site could not be developed into a
subdivision.
Project Alternatives
Proposed wetland crossing in the western portion of the property is required to meet block length and connectivity requirements
for the City of Charlotte. Since cul-de sac roads would not be counted towards the block length, an alternative constructing two
dead end cul-de-sac road was considered. However, this would result in a loss of approximately 10 additional lots and put the
economic feasibility of the project in jeopardy. Additionally, City of Charlotte subdivision ordinance states that cul-de-sacs and
other permanently dead-end streets should be avoided. Therefore, this alternative was rejected from further consideration.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Proper sediment and erosion control measures will be used to minimize disturbances to downstream waters. Silt fence will be
installed around the jurisdictional features, outside of the avoided wetlands and streams. Construction activities and impacts to
on-site jurisdictional waters of the U.S. will comply with all conditions of Nationwide Permit No. 29 and Water Quality Certificate
No. 4139. All work will be constructed in the dry and all temporary fill will be removed following the work.
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
Page 11 of 17
PCN Form – Version 1.4 January 2009
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter)
Type: Choose One
Type: Choose One
Type: Choose One
Quantity:
Quantity:
Quantity:
3c. Comments:
4. Complete if Making a Payment to In-lieu Fee Program
4a. Approval letter from in-lieu fee program is attached. ☒ Yes
4b. Stream mitigation requested: 0
4c. If using stream mitigation, stream temperature: Choose
4d. Buffer mitigation requested (DWQ only): square feet
4e. Riparian wetland mitigation requested: acres
4f. Non-riparian wetland mitigation requested: 0.20 acres
4g. Coastal (tidal) wetland mitigation requested: acres
4h. Comments:
The previously requested amount totaled 0.16 acre. The payment receipt for the previously requested amount is included in
the Attachment G. The remaining acreage proposed to be mitigated totals 0.04 acre at 2:1 ratio.
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.
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
Zone 2
6f. Total buffer mitigation required:
Page 12 of 17
PCN Form – Version 1.4 January 2009
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 13 of 17
PCN Form – Version 1.4 January 2009
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
within one of the NC Riparian Buffer Protection Rules? ☐ Yes ☒ No
1b. If yes, then is a diffuse flow plan included? If no, explain why.
☐ Yes ☒ No
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project? >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:
The stormwater management plan will be reviewed by City of Charlotte.
2e. Who will be responsible for the review of the Stormwater Management Plan? City of Charlotte
3. Certified Local Government Stormwater Review
3a. In which local government’s jurisdiction is this project?
3b. Which of the following locally-implemented stormwater management programs
apply (check all that apply):
☒ Phase II
☐ NSW
☐ USMP
☐ Water Supply Watershed
☐ Other:
3c. Has the approved Stormwater Management Plan with proof of approval been
attached? ☐ Yes ☒ No
4. DWQ Stormwater Program Review
4a. Which of the following state-implemented stormwater management programs apply
(check all that apply):
☐ Coastal counties
☐ HQW
☐ ORW
☐ Session Law 2006-246
☐ Other:
4b. Has the approved Stormwater Management Plan with proof of approval been
attached? ☐ Yes ☒ No
5. DWQ 401 Unit Stormwater Review
Page 14 of 17
PCN Form – Version 1.4 January 2009
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 15 of 17
PCN Form – Version 1.4 January 2009
F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1a. Does the project involve an expenditure of public (federal/state/local) funds or the
use of public (federal/state) land? ☐ Yes ☒ No
1b. 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
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
☐ Yes ☐ No
1c. If you answered “yes” to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
letter.)
Comments:
☐ Yes ☐ No
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,
or Riparian Buffer Rules (15A NCAC 2B .0200)?
☐ Yes ☒ No
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
additional development, which could impact nearby downstream water quality? ☐ Yes ☒ No
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.
The sewerline will tie to the existing infrastructure in the southwestern property corner.
Page 16 of 17
PCN Form – Version 1.4 January 2009
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or
habitat? ☒ Yes ☐ No
5b. Have you checked with the USFWS concerning Endangered Species Act
impacts? ☐ Yes ☒ No
5c. If yes, indicate the USFWS Field Office you have contacted. ‐
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
To determine which protected species are listed as occurring or potentially occurring within the project vicinity, and prior to
conducting the on-site field investigation, CWS consulted the United States Fish and Wildlife Service (USFWS) Endangered and
Threatened Species and Species of Concern by County for North Carolina online database for Mecklenburg County. In addition,
CWS performed a data review and habitat assessment for this property. The results of the desktop review and habitat
assessment are included in the Protected Species Habitat Assessment Report (Attachment F).
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?
NOAA Fisheries: http://www.habitat.noaa.gov/protection/efh/habitatmapper.html
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
☒ Yes ☐ No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
A letter was forwarded to the North Carolina State Historic Preservation Office (SHPO) on March 18, 2020 to determine the
presence of any areas of architectural, historic, or archaeological significance that would be affected by the project. CWS also
consulted the SHPO online GIS service a Charlotte-Mecklenburg Historic Landmarks Commission’s webpage and found no
historical structures, buildings, sites, or districts within the project limits. In their response letter dated 4.24.20 SHPO states
that they have no comments on the project as proposed. A copy of the SHPO’s response letter is attached (Attachment H).
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:
.
Page 17 of 17
PCN Form – Version 1.4 January 2009
8c. What source(s) did you use to make the floodplain determination? FEMA FIRM No. 3710458500K
Ms. Aliisa Harjuniemi
Applicant/Agent's Printed Name
Applicant/Agent's Signature (Agent's
signature is valid only if an authorization letter
from the applicant is provided.)
5.19.21
Date
Frank Grier Road May 19, 2021
Attachments CWS Project No. 2018-0406
ATTACHMENT A:
Figures 1-7
FIGURE NO.SCALE:
CWS PROJECT NO:
COORDINATES:
DATE:
DRAWN BY:
CHECKED BY:
SCALE:
CWS PROJECT NO:
COORDINATES:
Vicinity Map 1
of
7
I
5,000 0 5,0002,500 Feet
CAG
2018-0406 MLS
Legend
Project Limits (40 ac.)
Frank Grier Road
Mecklenburg County
Charlotte, North Carolina
11/15/20181 inch = 5,000 feet
G:\Team Drives\Consulting Team Drive\2018\2018 Consulting Projects\2018-0406 Frank Grier Road\JD\ArcGIS\Figure1_Vicinity.mxd
35.251893, -80.709868
Virginia
North Carolina
Georgia
South Carolina
Kentucky
Tennessee
West VirginiaState Location Extent
REFERENCE: BACKGROUND VICINITY MAP PROVIDED BY ESRI, 2018.
FIGURE NO.SCALE:
CWS PROJECT NO:
COORDINATES:
DATE:
DRAWN BY:
CHECKED BY:
SCALE:
CWS PROJECT NO:
COORDINATES:
USGS Topographic Map 2
of
7
I
2,000 0 2,0001,000 Feet
CAG
2018-0406 MLS
Legend
Project Limits (40 ac.)
Frank Grier Road
Mecklenburg County
Charlotte, North Carolina
11/15/20181 inch = 2,000 feet
G:\Team Drives\Consulting Team Drive\2018\2018 Consulting Projects\2018-0406 Frank Grier Road\JD\ArcGIS\Figure2_USGS.mxd
35.251893, -80.709868
REFERENCE: USGS 7.5 MINUTE TOPOGRAPHIC QUADRANGLE(S): HARRISBURG AND MINT HILL, NC (2017).
FIGURE NO.SCALE:
CWS PROJECT NO:
COORDINATES:
DATE:
DRAWN BY:
CHECKED BY:
SCALE:
CWS PROJECT NO:
COORDINATES:
Plaz
a
R
d
E
x
tVermilion DrFrank Grier RdTerra Cotta Dr
Sand Hills CtBurnt U
m
b
e
r
D
r
Cas
a
C
t
Aerial Map 3
of
7
I
300 0 300150 Feet
CAG
2018-0406 MLS
Legend
Project Limits (40 ac.)
Roads
Tax Parcels
Frank Grier Road
Mecklenburg County
Charlotte, North Carolina
11/15/20181 inch = 300 feet
G:\Team Drives\Consulting Team Drive\2018\2018 Consulting Projects\2018-0406 Frank Grier Road\JD\ArcGIS\Figure3_Aerial.mxd
35.251893, -80.709868
REFERENCE: BACKGROUND AERIAL IMAGERY PROVIDED BY ESRI, ACCESSED 2018.
BACKGROUND GIS LAYER(S) PROVIDED BY MECKLENBURG COUNTY GIS DEPARTMENT, DATED 2018.
FIGURE NO.SCALE:
CWS PROJECT NO:
COORDINATES:
DATE:
DRAWN BY:
CHECKED BY:
SCALE:
CWS PROJECT NO:
COORDINATES:
MO
CeB2
EnB
WkE
VaB
CeB2
EnD
VaB
EnD
WkD
CeB2
CuB
PaE
CeB2
EnD
WkB
VaB
CeB2
EnD
VaB
EnB
EnB
VaB
WkE
CeB2
CeB2
CeD2
EnD
EnD
WkEWkE
EnD
CeD2
PaE
WkE
CeD2
CeB2
CeD2
EnB
WkD
W
MeB
CeB2
EnD
PaE
CeD2
HeB
CeD2
EnB
CeB2
PaE
CeD2
EnB
W
WkB
VaB
W
HeB
CeB2
VaD
CeD2
CeD2
PaE
HeB
WkE
CeD2
VaD
CeD2
MO
VaD
Plott RdPlaz
a
R
d
E
xt
Vermilion DrThe
P
l
a
z
a
Terra
C
ott
a
Dr
Moody R
d
Rothmo
re
S
t Frank Grier RdCadmium CtApril Ln
Burnt Umber
D
r
Cuddington DrMatlea Ct
Jerimoth DrHills
w
i
c
k
D
r
Tiburon Cr
Kneller StRobinson Church RdBal
la
rd
H
i
l
ls
C
t Mo
b
i
l
e
L
n
Salama
n
d
e
r
R
un Ln
Purbeck Wy
Casa
C
t
Chapparall Ln Ma
l
d
e
n
P
a
r
k
D
r
Windrift Rd
S
a
u
c
a
l
i
t
o
C
t
Andros Ln
USDA-NRCS Current Soil Survey
of Mecklenburg County 4
of
7
I
1,000 0 1,000500 Feet
CAG
2018-0406 MLS
Legend
Project Limits (40 ac.)
Roads
Frank Grier Road
Mecklenburg County
Charlotte, North Carolina
11/15/20181 inch = 1,000 feet
G:\Team Drives\Consulting Team Drive\2018\2018 Consulting Projects\2018-0406 Frank Grier Road\JD\ArcGIS\Figure4_CurrentSoil.mxd
35.251893, -80.709868
REFERENCE: USDA-NRCS SOIL SURVEY OF MECKLENBURG COUNTY, NC, DATED 2017.
Hydric Coverage (%)
EnB Enon sandy loam, 2 to 8 percent slopes No 51
EnD Enon sandy loam, 8 to 15 percent slopes No 49
100
Soil Unit Name and Description
Total Coverage:
FIGURE NO.SCALE:
CWS PROJECT NO:
COORDINATES:
DATE:
DRAWN BY:
CHECKED BY:
SCALE:
CWS PROJECT NO:
COORDINATES:
USDA-NRCS Historic Soil Survey
of Mecklenburg County 5
of
7
I
2,000 0 2,0001,000 Feet
CAG
2018-0406 MLS
Legend
Project Limits (40 ac.)
Frank Grier Road
Mecklenburg County
Charlotte, North Carolina
11/15/20181 inch = 2,000 feet
G:\Team Drives\Consulting Team Drive\2018\2018 Consulting Projects\2018-0406 Frank Grier Road\JD\ArcGIS\Figure5_HistoricSoil.mxd
35.251893, -80.709868
REFERENCE: USDA-NRCS SOIL SURVEY OF MECKLENBURG COUNTY, NC, SHEETS 5 AND 8, DATED 1976.
Hydric
EnB Enon sandy loam, 2 to 8 percent slopes No
EnD Enon sandy loam, 8 to 15 percent slopes No
Soil Unit Name and Description
Plaza Rd Ext
Frank Grier Rd
FIGURE NO.SCALE:
CWS PROJECT NO:
COORDINATES:
DATE:
DRAWN BY:
CHECKED BY:
SCALE:
CWS PROJECT NO:
COORDINATES:
Plaz
a
R
d
Ext
Vermilion DrFrank Grier RdCadmium
C
t
Terra Cotta Dr
Burnt Um
b
e
r
D
r
Casa Ct
Moody R
d Sand Hills CtFuschia CtNational Wetland Inventory 6
of
7
I
400 0 400200 Feet
CAG
2018-0406 MLS
Legend
Project Limits (40 ac.)
Roads
National Wetland Inventory
Freshwater Forested/Shrub Wetland
Freshwater Pond
Frank Grier Road
Mecklenburg County
Charlotte, North Carolina
11/15/20181 inch = 400 feet
G:\Team Drives\Consulting Team Drive\2018\2018 Consulting Projects\2018-0406 Frank Grier Road\JD\ArcGIS\Figure6_NWI.mxd
35.251893, -80.709868
REFERENCE: NATIONAL WETLAND INVENTORY DATA PROVIDED BY UNITED STATES FISH AND
WILDLIFE SERVICE FOR NORTH CAROLINA, ACCESSED 2018.
BACKGROUND LAYER(S) PROVIDED BY MECKLENBURG COUNTY GIS DEPARTMENT, DATED 2018.
FIGURE NO.SCALE:
CWS PROJECT NO:
COORDINATES:
DATE:
DRAWN BY:
CHECKED BY:
SCALE:
CWS PROJECT NO:
COORDINATES:
72
0
7307
1
0
6907407
5
0
680760
670660770
780
690750690680Plaz
a
R
d
E
x
tVermilion DrFrank Grier RdTerra Cotta Dr
Sand Hills CtBurnt
U
m
b
e
r
D
r
Jurisdictional Boundaries 7
of
7
I
300 0 300150 Feet
CAG
2018-0406 MLS
Legend
Project Limits (40 ac.)
Intermittent Stream
Perennial Stream
Wetland
Culvert
Roads
Tax Parcels
!DP Data Point
#SCP Stream Classification Point
,Indicates Flow
!Í Photo Location and Direction
Frank Grier Road
Mecklenburg County
Charlotte, North Carolina
11/20/20181 inch = 300 feet
G:\Team Drives\Consulting Team Drive\2018\2018 Consulting Projects\2018-0406 Frank Grier Road\JD\ArcGIS\Figure7_JD.mxd
35.251893, -80.709868
REFERENCE: BACKGROUND GIS LAYER(S) PROVIDED BY MECKLENBURG
COUNTY GIS DEPARTMENT, DATED 2018.
NOTE: JURISDICTIONAL WATERS OF THE U.S. WERE DELINEATED (FLAGGED
IN THE FIELD), CLASSIFIED, AND MAPPED USING A SUB-FOOT CAPABLE GPS
UNIT BY CWS, INC., ON NOVEMBER 16 AND 19, 2018. JURISDICTIONAL
FEATURES HAVE NOTBEEN VERIFIED BY THE USACE.
I
1 inch = 100 feet
Å1 Å2 Å3
Å4
Å5 Å6
Å7
Å 8
Å9
Å01 Å11
Å21
DP1DP2
DP3
#
S C P 1
#SCP2
#S C P 3
#SCP4
#S C P 5
#SCP6
Wetland AA
0.67 acre
Wetland BB
0.03 acre
Wetland CC
0.01 acre
Wetland DD
0.13 acre
Wetland EE
0.52 acre
Wetland FF
0.25 acre
Wetland GG
0.47 acre
Perennial Stream A
549 lf
Intermittent Steam A
54 lf
Perennial Stream B
260 lf
Intermittent Stream C
295 lf
Intermittent Stream D
349 lf
Frank Grier Road May 19, 2021
Attachments CWS Project No. 2018-0406
ATTACHMENT B:
Agent Authorization Form
AGENT CERTIFICATION OF AUTHORIZATION
I, Brad Dyer, representing Eastwood Homes, hereby certify that I have authorized Aliisa
Harjuniemi of Carolina Wetland Services, Inc. to act on my behalf and take all actions necessary
to the processing, issuance, and acceptance of this request for wetlands determination /
permitting and any and all standard and special conditions attached.
Mecklenburg
Parcel
IDs
County
Applicant
Name
Applicant
Address
2857
Westport
Eastwood
Homes;
Road,
Charlotte,
10811227
and
10811229
POC:
Brad
Dyer
NC
28208
We hereby certify that the above information submitted in this application is true and accurate to
the best of our knowledge.
/� onzed �igna�ure
Date
Agent's signature
6-24-2019
Date
Completion of this form will allow the agent to sign
all future application correspondence.
Frank Grier Road May 19, 2021
Attachments CWS Project No. 2018-0406
ATTACHMENT C:
General Permit Verification and PJD (SAW-2019-01139)
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2019-01139 County: Mecklenburg U.S.G.S. Quad: NC-Harrisburg
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee: Eastwood Homes
Brad Dyer
Address: 2857 Westport Road
Charlotte, NC 28208
Telephone Number: 980-721-0319
E-mail: bdyer@eastwoodhomes.com
Size (acres) 40 Nearest Town Charlotte
Nearest Waterway Reedy Creek River Basin Upper Pee Dee
USGS HUC 03040105 Coordinates Latitude: 35.251893
Longitude: -80.709868
Location description: The project area is located on the southeast and southwest corners of the intersection of Plaza Road
Extension and Frank Grier Road. PINs: 10811227 and 10811229.
Description of projects area and activity: This verification authorizes the grading and placement of fill material in 181 linear feet
of stream and 0.24 acre of wetlands to facilitate the construction of a single-family residential development. The project would
result in the loss of 0.16 acre of wetlands and 125 linear feet of stream associated with the installation or expansion of road
crossings, permanent impacts to 36 linear feet of stream for riprap dissipation pads, and temporary impacts to 0.08 acre of
wetland and 20 linear feet of stream for construction access clearing.
Applicable Law(s): ܈Section 404 (Clean Water Act, 33 USC 1344)
܆Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: NWP 29. Residential Developments
SEE ATTACHED NWP GENERAL, REGIONAL, AND/OR SPECIAL CONDITIONS
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the enclosed
Conditions, your application signed and dated 4/24/2020, and the enclosed plans Sheets 1-5 dated 3/23/2020 and 3/29/2020 (Sheet
1). Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work
order, a restoration order, a Class I administrative penalty, and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified, suspended
or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this
verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified
nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the activity would
no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction)
or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed
within twelve months of the date of the nationwide permit’s expiration, modification or revocation, unless discretionary authority has
been exercised on a case-by-case basis to modify, suspend or revoke the authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Resources (telephone 919-807-6300) to determine Section 401 requirements.
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State
or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program,
please contact David L. Shaeffer at 704-510-1437or david.l.shaeffer@usace.army.mil.
Corps Regulatory Official: _____________________________________________________Date: 06/30/2020
Expiration Date of Verification: 03/18/2022
Digitally signed by SHAEFFER.DAVID.LEIGH.1260750573
Date: 2020.06.30 16:07:30 -04'00'
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete the Customer Satisfaction Survey located at
http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0
Copy furnished:
Agent: Carolina Wetland Services, Inc.
Aliisa Harjuniemi
Address: 550 E. Westinghouse Blvd.
Charlotte, NC 28273
Telephone Number: 980-259-1222
E-mail: aliisa@cwsဨinc.net
SAW-2019-01139
SPECIAL CONDITIONS
a. In order to compensate for impacts associated with this permit, mitigation shall be provided in accordance
with the provisions outlined on the most recent version of the attached Compensatory Mitigation Responsibility
Transfer Form. The requirements of this form, including any special conditions listed on this form, are hereby
incorporated as special conditions of this permit authorization.
Action ID Number: SAW-2019-01139 County: Mecklenburg
Permittee: Eastwood Homes, Brad Dyer
Project Name: Frank Grier Road
Date Verification Issued: 06/30/2020
Project Manager: David L. Shaeffer
Upon completion of the activity authorized by this permit and any mitigation required by the permit,
sign this certification and return it to the following address:
US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Attn: David L. Shaeffer
Charlotte Regulatory Office
U.S Army Corps of Engineers
8430 University Executive Park Drive, Suite 615
Charlotte, North Carolina 28262
or
david.l.shaeffer@usace.army.mil
Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. Failure to comply with any terms or conditions of this authorization may
result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I
administrative penalty, or initiating other appropriate legal action.
I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and condition of the said permit, and required mitigation was completed in
accordance with the permit conditions.
_______________________________________ ______________________
Signature of Permittee Date
CompensatoryMitigationResponsibilityTransferForm
Permittee:EastwoodHomes,BradDyer ActionID:SAWͲ2019Ͳ01139
ProjectName:FrankGrierRoadCounty:Mecklenburg
InstructionstoPermittee:ThePermitteemustprovideacopyofthisformtotheMitigationSponsor,eitheranapproved
MitigationBankortheNorthCarolinaDivisionofMitigationServices(NCDMS),whowillthensigntheformtoverifythe
transferofthemitigationresponsibility.OncetheSponsorhassignedthisform,itisthePermittee’sresponsibilitytoensure
thattotheU.S.ArmyCorpsofEngineers(USACE)ProjectManageridentifiedonpagetwoisinreceiptofasignedcopyofthis
formbeforeconductingauthorizedimpacts,unlessotherwisespecifiedbelow.IfmorethanonemitigationSponsorwillbe
usedtoprovidethemitigationassociatedwiththepermit,oriftheimpactsand/orthemitigationwilloccurinmorethanone
8ͲdigitHydrologicUnitCode(HUC),multipleformswillbeattachedtothepermit,andtheseparateformsforeachSponsor
and/orHUCmustbeprovidedtotheappropriatemitigationSponsors.
InstructionstoSponsor:TheSponsormustverifythatthemitigationrequirements(credits)shownbelowareavailableatthe
identifiedsite.Bysigningbelow,theSponsorisacceptingfullresponsibilityfortheidentifiedmitigation,regardlessof
whetherornottheyhavereceivedpaymentfromthePermittee.Oncetheformissigned,theSponsormustupdatethebank
ledgerandprovideacopyofthesignedformandtheupdatedbankledgertothePermittee,theUSACEProjectManager,and
theWilmingtonDistrictMitigationOffice(seecontactinformationonpage2).TheSponsormustalsocomplywithall
reportingrequirementsestablishedintheirauthorizinginstrument.
PermittedImpactsandCompensatoryMitigationRequirements:
PermittedImpactsRequiringMitigation*8ͲdigitHUCandBasin:03040105,YadkinRiverBasin
StreamImpacts(linearfeet)WetlandImpacts(acres)
WarmCoolColdRiparianRiverineRiparianNonͲRiverineNonͲRiparianCoastal
0.16
*Ifmorethanonemitigationsponsorwillbeusedforthepermit,onlyincludeimpactstobemitigatedbythissponsor.
CompensatoryMitigationRequirements:8ͲdigitHUCandBasin:03040105,YadkinRiverBasin
StreamMitigation(credits)WetlandMitigation(credits)
WarmCoolColdRiparianRiverineRiparianNonͲRiverineNonͲRiparianCoastal
0.32
MitigationSiteDebited:NCDMS
(Listthenameofthebanktobedebited.Forumbrellabanks,alsolistthespecificsite.ForNCDMS,listNCDMS.IftheNCDMS
acceptanceletteridentifiesaspecificsite,alsolistthespecificsitetobedebited).
SectiontobecompletedbytheMitigationSponsor
StatementofMitigationLiabilityAcceptance:I,theundersigned,verifythatIamauthorizedtoapprovemitigation
transactionsfortheMitigationSponsorshownbelow,andIcertifythattheSponsoragreestoacceptfullresponsibilityfor
providingthemitigationidentifiedinthisdocument(seethetableabove),associatedwiththeUSACEPermitteeandAction
IDnumbershown.Ialsoverifythatreleasedcredits(and/oradvancecreditsforNCDMS),asapprovedbytheUSACE,are
currentlyavailableatthemitigationsiteidentifiedabove.Further,IunderstandthatiftheSponsorfailstoprovidethe
requiredcompensatorymitigation,theUSACEWilmingtonDistrictEngineermaypursuemeasuresagainsttheSponsorto
ensurecomplianceassociatedwiththemitigationrequirements.
MitigationSponsorName:
NameofSponsor’sAuthorizedRepresentative:
SignatureofSponsor’sAuthorizedRepresentativeDateofSignature
ConditionsforTransferofCompensatoryMitigationCredit:
x OncethisdocumenthasbeensignedbytheMitigationSponsorandtheUSACEisinreceiptofthesignedform,the
Permitteeisnolongerresponsibleforprovidingthemitigationidentifiedinthisform,thoughthePermitteeremains
responsibleforanyothermitigationrequirementsstatedinthepermitconditions.
x Constructionwithinjurisdictionalareasauthorizedbythepermitidentifiedonpageoneofthisformcanbeginonlyafter
theUSACEisinreceiptofacopyofthisdocumentsignedbytheSponsor,confirmingthattheSponsorhasaccepted
responsibilityforprovidingthemitigationrequirementslistedherein.ForauthorizedimpactsconductedbytheNorth
CarolinaDepartmentofTransportation(NCDOT),constructionwithinjurisdictionalareasmayproceeduponpermit
issuance;however,acopyofthisformsignedbytheSponsormustbeprovidedtotheUSACEwithin30daysofpermit
issuance.NCDOTremainsfullyresponsibleforthemitigationuntiltheUSACEhasreceivedthisform,confirmingthatthe
Sponsorhasacceptedresponsibilityforprovidingthemitigationrequirementslistedherein.
x SignedcopiesofthisdocumentmustberetainedbythePermittee,MitigationSponsor,andintheUSACEadministrative
recordsforboththepermitandtheBank/ILFInstrument.ItisthePermittee’sresponsibilitytoensurethattheUSACE
ProjectManager(addressbelow)isprovidedwithasignedcopyofthisform.
x Ifchangesareproposedtothetype,amount,orlocationofmitigationafterthisformhasbeensignedandreturnedto
theUSACE,theSponsormustobtaincaseͲbyͲcaseapprovalfromtheUSACEProjectManagerand/orNorthCarolina
InteragencyReviewTeam(NCIRT).Ifapproved,highermitigationratiosmaybeapplied,aspercurrentDistrictguidance
andanewversionofthisformmustbecompletedandincludedintheUSACEadministrativerecordsforboththepermit
andtheBank/ILFInstrument.
Comments/AdditionalConditions:AletterfromNCDMS,confirmingtheyarewillingandabletoaccepttheapplicant’s
compensatorymitigationresponsibility,dated4/22/2020wasincludedwiththepreconstructionnotification.
ThisformisnotvalidunlesssignedbelowbytheUSACEProjectManagerandbytheMitigationSponsoronPage1.Once
signed,theSponsorshouldprovidecopiesofthisformalongwithanupdatedbankledgerto:1)thePermittee,2)theUSACE
ProjectManagerattheaddressbelow,and3)theWilmingtonDistrictMitigationOffice,Attn:ToddTugwell,11405Falls
ofNeuseRoad,WakeForest,NC27587(email:todd.tugwell@usace.army.mil).Questionsregardingthisformoranyofthe
permitconditionsmaybedirectedtotheUSACEProjectManagerbelow.
USACEProjectManager:DavidL.Shaeffer
USACEFieldOffice:CharlotteRegulatoryOffice
USArmyCorpsofEngineers
8430UniversityExecutiveParkDrive,Suite615
Charlotte,NorthCarolina28262
Email:david.l.shaeffer@usace.army.mil
06/30/2020
USACEProjectManagerSignatureDateofSignature
CurrentWilmingtonDistrictmitigationguidance,includinginformationonmitigationratios,functionalassessments,and
mitigationbanklocationandavailability,andcreditclassifications(includingstreamtemperatureandwetlandgroupings)is
availableathttp://ribits.usace.army.mil
Digitally signed by
SHAEFFER.DAVID.LEIGH.126075057
3
Date: 2020.06.30 16:08:30 -04'00'
Crossing #3Crossing #2Crossing #4Crossing #1
S2 - Stream D-13lfpermanentimpact (rip rap)S1 - Stream D-18lfpermanentimpact (culvertextension)W1 - Wetland FF- 0.02 acre permanentimpact (fill for road andrip rap)W2 - Wetland FF- 0.01 acretemporary impact(constructiondisturbance)
W3 - Wetland DD- 0.03 acrepermanent impact(fill)W4 - Wetland DD- 0.03 acre temporaryimpact(constructiondisturbance)W5 - Wetland DD- 0.01 acre permanentimpact(sewer easement,clearing)S3- Stream C-91lfpermanentimpact(fill for road)
W6 - Wetland AA- 0.02 acrepermanent impact(fill)W7 - Wetland AA- 0.02 acretemporary impact(constructiondisturbance)S4 - Stream A-16lfpermanentimpact (culvertextension, 8 lf bothup-and downgradient)S5 - Stream A-23lfpermanentimpact (rip rap; 13 lfat he outlet, 10 lf atthe inlet)S6 - Stream A- 20 lf tempoaryimpact fordewatering (10 lfboth up-and downgradient)
W8-WetlandEE- 0.08 acrepermanent impact(fill for road)W9-WetlandEE- 0.02 acre temporaryimpact(constructiondisturbance)
% CONCRETE
PIPE
.-
DIMENSIONS
WALL
THK.
OUT
DIA.
IN
DIA.
H
A
BC
E
FGW
K
M
2 1/4'19
1/2"
15"
271/2"
20"
24"
8"
7 1/2"
4"
4"
8"
17"
10"
2 1/2"
23"
18"
31"
20"
24"
8"
9"
4"
4"
8"
17"
12"
3"
30"
24"
38"
20"
30"
8"
12"
4"
4"
8"
21"
15"
3 1/2"
37"
30"
45"
20"
44"
12"
15"
6"
8"
8"
31"
18"
4"
44"
36"
52"
32"
44"
12"
18"
6"
8"
8"
31"
22"
4 1/2"
51"
42"
59"
32"
48"
12"
21"
6"
8"
8"
34"
26"
5"
58"
48"
66"
32"
48"
12"
24"
6"
8"
8"
34"
29"
5 1/2"
65"
54"
73"
32"
54"
12"
27"
6"
8"
8"
38"
33"
6"
72"
60"
80"
36"
66"
12"
30"
8"
12"
12"
46"
36"
6 1/2"
79"
66"
87"
36"
72"
12"
33"
8"
12"
12"
51"
40"
7"
86"
72"
94"
36"
78"
12"
36"
8"
12"
12"
56"
49
REINFORCING
VIM.
NO.
LGT.
NO.
LGT.
15"
4
2'-0"
4
1'-11"
18"
4
2'-3"
4
2'-2"
24"
4
2'-9"
4
2'-8"
30"
4
3'-3"
4
3'-2"
36"
4
3'-9"
4
3'-8"
42"
4
4'-3"
4
4'-2"
48"
4
4'-9"
4
4'-8"
54"
4
5'-3"
4
5'-2"
60"
4
5'-9"
4
5'-8"
66"
4
6'-3"
4
6'-2"
G
Z
a
N
n
4
. _ 4
•
1•
4
#4 BAR 12" 0.C.
�IWI-
"D" BARS AT 12" ON CENTER
"C" BARS AT 12" ON CENTER
SIDE VIEW
TOP VIEW
FRONT VIEW
NOT TO SCALE
•
cr»
` CIIABLO1 T.
CITY OF CHARLOTTE
LAND DEVELOPMENT STANDARDS
INCLUDES CHARLOTTE ETJ
CO\CETE WI\GWALL WITH SPLASH PAD
STD. NO. REV.
20.17A 8J
*** 3 Days Before Digging ***
North Carolina 811
811 or 1-800-632-4949
Remote Ticket Entry
http://nc811.org/remoteticketentry.htm
STIPULATION FOR REUSE
11E GRAMM MS PREPARED FOR USE
ON A SPECIFIC SITE PLAZA RWD
EAI41E011. PURISM NC
12/1 /19. MT IRTN ITS ESIIE 411E
ON 12/13/ID. "ERE 'TOT PROJECT
STE
FOR USE ON A DIFFERENT PRWFCT 91E
1* AT A LATER ME. USE 6 ON
DNEEID RE FOMWICE OR DIMPLE 0*
RODEPRDMCT REWEES 1E
MEWS a PINPERLY INDEED
NONTIECREMINIS PIE SOWERS
w
REUSE ON
D MS PROJECT FOR
dl AVOIREi BE CONWAYE NOT
IIC UN. AVO SW BE (AN10
TIC W.
MODIFICATION LOG
JOB NUMBER: C180037
CHECKED BY:
CT
DRAWN BY: COA
DATE: 03-23-2020
HEADWALL
DETAIL
SHEET:
5 OF 5
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2019-01139 County: Mecklenburg U.S.G.S. Quad: NC- Harrisburg
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Requestor: Eastwood Homes
Brad Dyer
Address: 2857 Westport Road
Charlotte, NC 28208
Telephone Number: 980-721-0919
E-mail: bdyer(a�eastwoodhomes.com
Size (acres) 40 Nearest Town Charlotte
Nearest Waterway Reedy Creek River Basin Upper Pee Dee
USGS HUC 03040105 Coordinates Latitude: 35.2518
Longitude: -80.7098
Location description: The review area is located on the southeast and southwest corners of the intersection of Plaza Road
Extension and Frank Grier Road. PINs: 10811227 and 10811229.
Indicate Which of the Following Apply:
A. Preliminary Determination
® There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404
of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The
waters, including wetlands have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate
and reliable. The approximate boundaries of these waters are shown on the enclosed delineation map dated 11/20/2018. Therefore
this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory
mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection
measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any
way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an
appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may
request an approved JD, which is an appealable action, by contacting the Corps district for further instruction.
❑ There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404
of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403).
However, since the waters, including wetlands have not been properly delineated, this preliminary jurisdiction determination
may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is
merely an effective presumption of CWA/RHA jurisdiction over all of the waters, including wetlands at the project area, which
is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters,
including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland
delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps.
B. Approved Determination
❑ There are Navigable Waters of the United States within the above described project area/property subject to the permit
requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act
(CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for
a period not to exceed five years from the date of this notification.
❑ There are waters, including wetlandson the above described project area/property subject to the permit requirements of Section
404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
❑ We recommend you have the waters, including wetlands on your project area/property delineated. As the Corps may not be
able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that
can be verified by the Corps.
❑ The waters, including wetlands on your project area/property have been delineated and the delineation has been verified by
the Corps. The approximate boundaries of these waters are shown on the enclosed delineation map dated DATE. We strongly
SAW-2019-01139
suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once
verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided
there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years.
❑ The waters, including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the
Corps Regulatory Official identified below onDATE. Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
❑ There are no waters of the U.S., to include wetlands, present on the above described project area/property which are subject to the
permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.
❑ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA).
You should contact the Division of Coastal Management in Morehead City, NC, at (252) 808-2808 to determine their
requirements.
Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or
placement of structures, or work within navigable waters of the United States without a Department of the Army permit may
constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions
regarding this determination and/or the Corps regulatory program, please contact David L. Shaeffer at 704-510-1437 or
david.l.shaeffer(uusace.army. mil.
C. Basis For Determination: Basis For Determination: See the preliminary jurisdictional determination
form dated 2/3/2020.
D. Remarks: None.
E. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site
identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security
Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request
a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work.
F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B.
above)
This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this
determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a
Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you
must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Phillip Sannin, Review Officer
60 Forsyth Street SW, Room 10M15
Atlanta, Georgia 30303-8801
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal
under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you
decide to submit an RFA form, it must be received at the above address by 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:
Digitally signed by
SHAEFFER.DAVID.LEIGH.1260750573
J.- Date: 2020.02.03 07:57:35 -05'00'
Date of JD: 2/3/2020 Expiration Date of JD: Not applicable
SAW-2019-01139
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete the Customer Satisfaction Survey located at
http://corpsmapu.usace.army.mil/cm_apex/f7p=136:4:0
Copy furnished:
Agent: CWS, Inc.
Aliisa Harjuniemi
Address: 550 East Westinghouse Boulevard
Charlotte, NC 28273
Telephone Number: 980-259-1222
E-mail: aliisa(acws-inc.net
NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: Eastwood Homes, Brad Dyer File Number: SAW-2019-01139 Date: 2/3/2020
Attached is:
See Section below
❑ INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission)
A
❑ PROFFERED PERMIT (Standard Permit or Letter of permission)
B
❑ PERMIT DENIAL
C
❑ APPROVED JURISDICTIONAL DETERMINATION
D
0 PRELIMINARY JURISDICTIONAL DETERMINATION
E
SECTION I - The following identifies your rights and options regarding an administrative appeal
Additional information may be found at or http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits.aspx
of the above decision.
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
completing Section II of this form and sending the form to the division engineer. This form
engineer within 60 days of the date of this notice.
Administrative Appeal Process by
must be received by the division
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 PERMI I
REASONS FOR APPEAL OR OBJECTIONS: (Describe your
proffered permit in clear concise statements. You may attach
objections are addressed in the administrative record.)
reasons for appealing the decision or your objections to an initial
additional information to this form to clarify where your reasons or
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record,
the Corps memorandum for the
officer has determined is needed to
or analyses to the record.
is already in the administrative
record of the appeal conference or meeting, and any supplemental
clarify the administrative record. Neither the appellant nor the
information that the review
Corps may add new information
the location of information that
However, you may provide additional information to clarify
record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision and/or the
appeal process you may contact:
District Engineer, Wilmington Regulatory Division
Attn: David L. Shaeffer
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. Phillip Sannin, Administrative Appeal Review Officer
CESAD-PDO
U.S. Army Corps of Engineers, South Atlantic Division
60 Forsyth Street, Room 10M15
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 investi ations.
Date:
Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: David L. Shaeffer, 69 Darlington Avenue, Wilmington, North
Carolina 28403
For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Phillip Sannin, Administrative
Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801
Phone: (404) 562-5137
PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD: 2/3/2020
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Eastwood Homes, Brad Dyer, 2857 Westport
Road, Charlotte, NC 28208
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Frank Grier Road, SAW-2019-
01139
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The review area is located on the southeast
and southwest corners of the intersection of Plaza Road Extension and Frank Grier Road. PINs: 10811227 and
10811229.
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR
AQUATIC RESOURCES AT DIFFERENT SITES)
State: NC County: Mecklenburg City: Charlotte
Center coordinates of site (lat/long in degree decimal format): Latitude: 35.2518 Longitude: -80.7098
Universal Transverse Mercator:
Name of nearest waterbody: Reedy Creek
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
❑ Office (Desk) Determination. Date:
® Field Determination. Date(s): 9/13/2019 by the Corps
TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY
JURISDICTION.
Site Number
Latitude
(decimal
degrees)
Longitude (decimal
degrees)
Estimated amount of
aquatic resources in
review area (acreage
and linear feet, if
applicable
Type of aquatic
resources (i.e.,
wetland vs. non -"may
wetland waters)
Geographic authority to
which the aquatic resource
be subject (i.e.,
Section 404 or Section
10/404)
Wetland AA
35.250248
-80.710962
0.67 ac.
Wetland Waters
Section 404
Wetland BB
35.250009
-80.709925
0.03 ac.
Wetland Waters
Section 404
Wetland CC
35.250229
-80.709922
0.01 ac.
Wetland Waters
Section 404
Wetland DD
35.250712
-80.7099
0.13 ac.
Wetland Waters
Section 404
Wetland EE
35.252073
-80.710428
0.52 ac.
Wetland Waters
Section 404
Wetland FF
35.253885
-80.710066
0.25 ac.
Wetland Waters
Section 404
Wetland GG
35.253578
-80.70868
0.47 ac.
Wetland Waters
Section 404
Stream A
(Int)
35.250176
-80.711110
54 If
Non -Wetland
Waters
Section 404
Stream A
(Per)
35.249964
-80.710080
549 If
Non -Wetland
Waters
Section 404
Stream B
35.250508
-80.711326
260 If
Non -Wetland
Waters
Section 404
Stream C
35.250349
-80.709953
295 If
Non -Wetland
Waters
Section 404
Stream D
35.253778
-80.708931
349 If
Non -Wetland
Waters
Section 404
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: Figure 7 of 7 dated 11/20/2018
® Data sheets prepared/submitted by or on behalf of the PJD requestor.
® Office concurs with data sheets/delineation report.
El Office does not concur with data sheets/delineation report. Rationale:
111 Data sheets prepared by the Corps:
❑ Corps navigable waters' study:
❑ U.S. Geological Survey Hydrologic Atlas:Nationalmap.gov
® USGS NHD data.
® USGS 8 and 12 digit HUC maps.
El U.S. Geological Survey map(s). Cite scale & quad name:
® Natural Resources Conservation Service Soil Survey. Citation: ESRI USA Soils Mapservice
®National wetlands inventory map(s). Cite name: USFWS NWI Mapservice
El State/local wetland inventory map(s):
❑ FEMA/FIRM maps:
❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929)
® Photographs: ❑Aerial (Name & Date):
or ®Other (Name & Date): Photos 1-12 dated 11/20/2019
❑ 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.
Digitally signed by
SHAEFFER.DAVID.LEIGH.12
1)=3 f .......?•_______ 60750573
Date: 2020.02.03 07:58:24
-05'00'
Signature and date of Regulatory
staff member completing PJD Signature and date of person requesting PJD
2/3/2020 (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.
FIGURE NO.SCALE:
CWS PROJECT NO:
COORDINATES:
DATE:
DRAWN BY:
CHECKED BY:
SCALE:
CWS PROJECT NO:
COORDINATES:
72
0
7307
1
0
6907407
5
0
680760
670660770
780
690750690680Plaz
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tVermilion DrFrank Grier RdTerra Cotta Dr
Sand Hills CtBurnt
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Jurisdictional Boundaries 7
of
7
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300 0 300150 Feet
CAG
2018-0406 MLS
Legend
Project Limits (40 ac.)
Intermittent Stream
Perennial Stream
Wetland
Culvert
Roads
Tax Parcels
!DP Data Point
#SCP Stream Classification Point
,Indicates Flow
!Í Photo Location and Direction
Frank Grier Road
Mecklenburg County
Charlotte, North Carolina
11/20/20181 inch = 300 feet
G:\Team Drives\Consulting Team Drive\2018\2018 Consulting Projects\2018-0406 Frank Grier Road\JD\ArcGIS\Figure7_JD.mxd
35.251893, -80.709868
REFERENCE: BACKGROUND GIS LAYER(S) PROVIDED BY MECKLENBURG
COUNTY GIS DEPARTMENT, DATED 2018.
NOTE: JURISDICTIONAL WATERS OF THE U.S. WERE DELINEATED (FLAGGED
IN THE FIELD), CLASSIFIED, AND MAPPED USING A SUB-FOOT CAPABLE GPS
UNIT BY CWS, INC., ON NOVEMBER 16 AND 19, 2018. JURISDICTIONAL
FEATURES HAVE NOTBEEN VERIFIED BY THE USACE.
I
1 inch = 100 feet
Å1 Å2 Å3
Å4
Å5 Å6
Å7
Å 8
Å9
Å01 Å11
Å21
DP1DP2
DP3
#
S C P 1
#SCP2
#S C P 3
#SCP4
#S C P 5
#SCP6
Wetland AA
0.67 acre
Wetland BB
0.03 acre
Wetland CC
0.01 acre
Wetland DD
0.13 acre
Wetland EE
0.52 acre
Wetland FF
0.25 acre
Wetland GG
0.47 acre
Perennial Stream A
549 lf
Intermittent Steam A
54 lf
Perennial Stream B
260 lf
Intermittent Stream C
295 lf
Intermittent Stream D
349 lf
Frank Grier Road May 19, 2021
Attachments CWS Project No. 2018-0406
ATTACHMENT D:
Water Quality Certification (DWR# 20-0575)
June 9, 2020
DWR# 20-0575
Mecklenburg County
Mr. Brad Dyer
Eastwood Homes
2857 Westport Rd.
Charlotte, NC 28208
Subject: APPROVAL of 401 Water Quality Certification with Additional Conditions
Frank Grier Rd. Development
Dear Mr. Dyer:
You have our approval, in accordance with the General Certification and those
conditions listed below, for the purpose proposed in your application dated April 29, 2020, and
received by the Division of Water Resources (the Division) on May 6, 2020. After reviewing
your application, we have determined that this project is covered by Water Quality General
Certification Number 4139 which can be viewed on our web site at
https://deq.nc.gov/about/divisions/water-resources/water-resources-permits/wastewater-
branch/401-wetlands-buffer-permits/401-401-isolated-wetlands-waters-program The General
Certification allows you to use Nationwide Permit Number 29 once it is issued to you by the U.S.
Army Corps of Engineers (COE). Please note that you should get any other federal, state or
local permits before proceeding with your project, including those required by (but not limited to)
Sediment and Erosion Control, Non-Discharge, and Water Supply Watershed regulations.
The above noted Certification will expire when the associated 404 permit expires unless
otherwise specified in the General Certification. It is advised that all conditions of the
Certification are reviewed prior to initiation of the project. In addition to the requirements of the
Certification, you must also comply with the following conditions:
1. This approval is only valid for the purpose and design that you described in your
application. If you change your project, you must notify us in writing, and you may be
required to send us a new application for a new Certification. If total wetland fills for this
project (now or in the future) exceed one acre, or of total impacts to streams (now or in
the future) exceed 300 linear feet, compensatory mitigation may be required. If the
property is sold, the new owner must be given a copy of the Certification and approval
letter; and is thereby responsible for complying with all conditions. 15A NCAC
02H .0506 and 15A NCAC 02H .0507
2. The Mooresville Regional Office shall be notified in writing once construction at the
approved impact areas has commenced. 15A NCAC 02H .0502 (e)
3. Approved Impacts:
Type of Impact
Amount Approved
Temporary Impact
Amount Approved
Permanent Impact
Stream 20 linear ft. 161 linear ft.
Wetland 0.08 acre 0.16 acre
4. Diversion Ditches and other storm water conveyances as related to the sediment and
erosion control measures shall be matted and/or stabilized to reduce sediment loss and
turbidity. This includes interior/exterior slopes of sediment basins. 15A NCAC 02H .0506
(b)(3) and (c)(3)
5. Culverts (installed in streams) shall be buried, not installed at a lower elevation. Culverts
constructed in wetlands shall be at grade to maintain hydrology.
6. (Bare/fill slopes in excess of 15 feet in height and within 50 feet of surface waters shall be
matted. 15A NCAC 02H .0506 (b)(3) and (c)(3)
7. Water Quality/Stormwater: Please provide documentation showing that water quality
from the development will not be impaired. A storm water management plan in lieu of
such documentation is acceptable if approved by a delegated or state authority. 15A
NCAC 2H .1000
8. Stormwater discharge structures at this site shall be constructed in a manner such that
the potential receiving streams (of the discharge) will not be impacted due to sediment
accumulations, scouring or erosion of the stream banks. 15A NCAC 02H .0506(b)(5)
9. Use of native vegetation and other soft stream bank stabilization techniques is
recommended where practicable instead of riprap or other bank hardening methods. If
riprap is necessary, it shall not be placed in the streambed, unless approved by DWR
10. During the construction of the project, no staging of equipment of any kind is permitted in
waters of the U.S., or protected riparian buffers. 15A NCAC 02H .0506(b)(3)
11. No rock, sand or other materials shall be dredged from the stream channel except where
authorized by this Certification. 15A NCAC 02H.0506(b)(3)
12. The permittee shall report to the Mooresville Regional Office any noncompliance with
this certification, any violation of stream or wetland standards [including but not limited to
sediment impacts, and any violation of state regulated riparian buffer rules. Information
shall be provided orally within 24 hours (or the next business day if a weekend or
holiday) from the time the applicant became aware of the circumstances. A written
submission shall also be provided within 5 business days of the time the applicant
becomes aware of the circumstances. The written submission shall contain a description
of the noncompliance, and its causes; the period of noncompliance, including exact
dates and times, if the noncompliance has not been corrected, the anticipated time
compliance is expected to continue; and steps taken or planned to reduce, eliminate,
and prevent reoccurrence of the noncompliance. The Division may waive the written
submission requirement on a case-by-case basis. 15A NCAC 02B .0200
13. The Permittee shall ensure that the final design drawings adhere to the permit and to the
permit drawings submitted for approval. 15A NCAC 02H .0507 (c) and 15A NCAC
02H .0506 (b)(2) and (c)(2)
14. Upon completion of the project, the applicant shall complete and return a “Certificate of
Completion” form to the 401/Wetlands Branch of the Division using the following link:
https://edocs.deq.nc.gov/Forms/Certificate-of-Completion. 15A NCAC 02H .0507(c)
This Certification can be contested as provided in Articles 3 and 4 of the General Statute
150B by filing a written petition for an administrative hearing to the Office of the Administrative
Hearings (hereby known as OAH). A petition form may be obtained from the OAH at
http://www.ncoah.com/or by calling the OAH Clerk’s Office at (919) 431-3000.
Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the
OAH. A petition is considered filed when the original and one (1) copy along with any applicable
OAH filing fee is received in the OAH during normal office hours (Monday through Friday, 8:00
am to 5:00 pm, excluding state holidays).
The petitions may be faxed to the OAH at (919) 431-3100, provided the original and one
(1) copy of the petition along with any applicable OAH filing fee is received by the OAH within
five (5) business days following the faxed transmission. Mailing address for the OAH:
If sending via US Postal Service: If sending via delivery service (UPS, FedEx, etc.)
Office of Administrative Hearings Office of Administrative Hearings
6714 Mail Service Center 1711 New Hope Church Rd.
Raleigh, NC 27699-6714 Raleigh, NC 27609-6285
One (1) copy of the petition must also be served on DEQ as follows:
Mr. Bill Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the review by the Division under Section 401 of the Clean Water
Act. If you have any questions, please telephone Mr. Alan Johnson in the Mooresville Regional
Office at 704-663-1699.
Sincerely,
Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office, DEQ
Attachment
cc: Bryan Rhoden Reynolds, Army Corps of Engineers, Charlotte, email
Aliisa Harjuniemi, CWS, email
DWR 401 & Buffer Permitting Branch file
MRO, Land Quality
for
CERTIFICATE OF COMPLETION
NCDWR Project No.: _______________ County: _______________________
Applicant: ________________________________________________________________________
Project Name: _____________________________________________________________________
Date of Issuance of 401 Water Quality Certification: _____________________________________
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer
Rules, and any subsequent modifications, the applicant is required to return this certificate to the 401
Wetland & Buffer Permitting Unit, North Carolina Division of Water Resources, 1617 Mail Service Center,
Raleigh, NC, 27699-1617. This form may be returned to NCDWR by the applicant, the applicant’s
authorized agent, or the project engineer. It is not necessary to send certificates from all of these.
Applicant’s Certification
I, _____________________________________, hereby state that, to the best of my abilities, due care
and diligence was used in the observation of the construction such that the construction was observed
to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer
Rules, the approved plans and specifications, and other supporting materials.
Signature: ___________________________________________ Date: ___________________________
Agent’s Certification
I, _____________________________________, hereby state that, to the best of my abilities, due care
and diligence was used in the observation of the construction such that the construction was observed
to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer
Rules, the approved plans and specifications, and other supporting materials.
Signature: ___________________________________________ Date:___________________________
Engineer’s Certification
_______ Partial _______ Final
I, _______________________________________, as a duly registered Professional Engineer in the State
of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of
the project for the Permittee hereby state that, to the best of my abilities, due care and diligence was
used in the observation of the construction such that the construction was observed to be built within
substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved
plans and specifications, and other supporting materials.
Signature ________________________________ Registration No. ___________Date_____________
Frank Grier Road May 19, 2021
Attachments CWS Project No. 2018-0406
ATTACHMENT E:
Proposed Impacts
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10511103OVERALL SITEPLANC3.0---- ---- ----American Engineering Associates - Southeast, P.A.8008 Corporate Center Dr - Suite 110Charlotte, NC 28226 704-375-2438AMERICANFIRM # C-3881 *** 3 Days Before Digging ***North Carolina 811811 or 1-800-632-4949Remote Ticket Entryhttp://nc811.org/remoteticketentry.htmJOB NUMBER:DATE:DRAWN BY: CHECKED BY: C180037CTCDA2-18-2020( IN FEET )0GRAPHIC SCALE1 inch = 100 ft.50100200100DEVELOPMENT DATA1. BEFORE YOU DIG, STOP. CALL THE NC ONE-CALL CENTER AT 1-800-632-4949. IT'S THE LAW.EXISTING UTILITIES ARE SHOWN FROM THE BEST AVAILABLE INFORMATION AND AREAPPROXIMATE. IT IS THE CONTRACTOR'S RESPONSIBILITY TO VERIFY THESE AND OTHERUTILITIES BEFORE STARTING CONSTRUCTION. NOTIFY UTILITY LOCATING COMPANY (ONECALL @ 1-800-632-4949) OR INDIVIDUAL UTILITY OWNERS FOR UNDERGROUND LOCATIONSAT LEAST 48 HOURS IN ADVANCE.2. CONTRACTOR SHALL CONTACT ALL OWNERS OF EASEMENTS, RIGHT-OF-WAYS ANDUTILITIES, PUBLIC OR PRIVATE, BEFORE WORKING IN THESE AREAS.3. CONTRACTOR SHALL PUT INTO PLACE SUCH TEMPORARY EROSION CONTROL MEASURES ASINDICATED ON THE PLANS. THESE MEASURES SHALL BE INSPECTED AND EVALUATED DURINGCONSTRUCTION OPERATION FOR THEIR EFFECTIVENESS IN PREVENTING EROSION MATERIALAND SEDIMENT FROM DISCHARGING FROM THE WORK AREA. IF REQUIRED, AND ASDIRECTED BY THE CITY INSPECTOR, ADDITIONAL TEMPORARY EROSION CONTROL MEASURESSHALL BE INSTITUTED AND INSTALLED.4. ALL CONSTRUCTION WITHIN MECKLENBURG COUNTY SHALL BE COMPLETED INACCORDANCE WITH THE LATEST EDITION OF THE CHARLOTTE/MECKLENBURG LANDDEVELOPMENT STANDARDS MANUAL.5. PER CITY OF CHARLOTTE SECTION 18-175(e) OF CITY CODE AND SECTION 10.0 OF THE CITYPOST CONSTRUCTION CONTROLS ADMINISTRATIVE MANUAL, ALL REQUIRED NATURALAREAS AND/OR POST CONSTRUCTION CONTROL EASEMENTS (PCCEs) MUST BE RECORDEDPRIOR TO ISSUANCE OF THE CERTIFICATE OF OCCUPANCY.6. PROTECT ALL PROPERTY MONUMENTS AND PINS. MONUMENTS AND PINS THAT WILL BEDISTURBED DURING CONSTRUCTION SHALL BE REFERENCED AND REPLACED BY A LICENSEDLAND SURVEYOR.7. CONTRACTOR SHALL MAINTAIN THE SITE IN A MANNER SUCH THAT WORKMEN AND THEPUBLIC WILL BE PROTECTED FROM INJURY, AND ADJOINING PROPERTY PROTECTED FROMDAMAGE.8. CONTRACTOR SHALL REMOVE ALL TRASH AND DEBRIS FROM THE SITE UPON COMPLETIONOF THE PROJECT AND AT LEAST ONCE A WEEK DURING CONSTRUCTION.9. DEVELOPER WILL PROVIDE STREET SIGNS PER CLDSM#50.05 (9" SIGNS ONLY).10. CONTRACTOR IS RESPONSIBLE FOR DAMAGE TO ANY EXISTING ITEM AND/OR MATERIAL DUETO CONSTRUCTION OPERATIONS. ALL STREET SURFACES, UTILITY POLES, CULVERTS,DITCHES, CURB AND GUTTER OR OTHER STRUCTURES THAT ARE DISTURBED OR DAMAGED INANY MANNER AS A RESULT OF CONSTRUCTION SHALL BE REPLACED OR REPAIRED BY THECONTRACTOR IN ACCORDANCE WITH THE APPROPRIATE SPECIFICATIONS.11. CONTRACTOR SHALL REMOVE DEBRIS FROM EXISTING CATCH AND CLEAN OUT EXISTINGDRAIN PIPES. REPAIR AND REPLACE EXISTING CATCH BASIN FRAME & GRATE AS NEEDED.12. ALL LOT STRIPING AND DIRECTIONAL ARROWS TO BE PAINTED REFLECTIVE WHITE, TWOCOATS.13. ALL PAVING SHALL CONFORM WITH PAVING DETAIL ON SHEET C9.3.14. IF DEPARTURES FROM THE DRAWINGS OR SPECIFICATIONS ARE DEEMED NECESSARY BY THECONTRACTOR, DETAILS OF SUCH DEPARTURES AND REASONS THEREOF SHALL BESUBMITTED IN WRITING TO THE OWNER FOR REVIEW. NO DEPARTURES FROM THECONTRACT DOCUMENTS WILL BE ALLOWED WITHOUT APPROVAL BY THE OWNER.15. CONTRACTOR SHALL MAINTAIN AN "AS-BUILT" SET OF DRAWINGS TO RECORD THE EXACTLOCATION OF ALL PIPING AND PIPE INVERT ELEVATIONS PRIOR TO CONCEALMENT.DRAWINGS SHALL BE GIVEN TO THE OWNER UPON COMPLETION OF THE PROJECT.16. ANY AND ALL QUANTITIES SHOWN OR IMPLIED ON THE PLANS ARE FOR ESTIMATIONPURPOSES ONLY.17. PRIOR TO ANY CONSTRUCTION ACTIVITIES, THE CONTRACTOR WILL NOTIFY THE SITEINSPECTOR AND THE URBAN FORESTER WITH THE CITY OF CHARLOTTE ENGINEERING ANDPROPERTY MANAGEMENT DEPARTMENT.18. THE CONTRACTOR WILL CONTACT CDOT RIGHT OF WAY MANAGEMENT AT 704-432-1562 TOOBTAIN A RIGHT-OF-WAY USE PERMIT BEFORE BEGINNING WORK WITHIN THERIGHT-OF-WAY.19. CERTIFICATION AND STREET CUT PERMITS ARE REQUIRED FOR UTILITY CUTS ON CITYSTREETS. ALLOW 7 DAYS PROCESSING FOR PERMIT. FOR INFORMATION CONTACTCHARLOTTE DEPARTMENT OF TRANSPORTATION (704-336-4025) OR VISIThttp://www.charmeck.org/departments/transportation/street+maintenance/home/htm20.TREES WITHIN THE STREET RIGHT-OF-WAY ARE PROTECTED BY LAW. A PERMIT IS REQUIREDFROM THE CITY ARBORIST AT 704-336-5753 PRIOR TO REMOVAL OF ANY RIGHT-OF-WAYTREES. ALL TREES OVER 8" IN DIAMETER AS MEASURED 4.5' ABOVE GROUND AND LOCATEDWITHIN THE SETBACK ARE PROTECTED BY LAW. CONTACT LAND DEVELOPMENT AT704-336-6692 FOR REQUIRED PERMITS.21. BUILDING DIMENSIONS SHOWN ARE APPROXIMATE. REFER TO ARCHITECTURAL DRAWINGSFOR EXACT BUILDING DIMENSIONS.22. COORDINATE ALL CURB AND STREET GRADES IN INTERSECTION WITH INSPECTOR.23. APPROVAL OF THIS PLAN IS NOT AN AUTHORIZATION TO GRADE ADJACENT PROPERTIES.WHEN FIELD CONDITIONS WARRANT OFF-SITE GRADING, PERMISSION MUST BE OBTAINEDFROM THE AFFECTED PROPERTY OWNERS.24. IN ORDER TO ENSURE PROPER DRAINAGE, KEEP A MINIMUM OF 0.5% SLOPE OF THE CURB.25. SUBSURFACE DRAINAGE FACILITIES MAY BE REQUIRED IN THE STREET RIGHT-OF-WAY IFDEEMED NECESSARY BY THE INSPECTOR.26. NON-STANDARD ITEMS (I.E.: PAVERS, IRRIGATION SYSTEMS, ETC.) IN THE RIGHT-OF-WAYREQUIRE A RIGHT-OF-WAY ENCROACHMENT AGREEMENT WITH THE CHARLOTTEDEPARTMENT OF TRANSPORTATION/NORTH CAROLINA DEPARTMENT OF TRANSPORTATIONBEFORE INSTALLATION. FOR CITY OF CHARLOTTE MAINTAINED STREETS, CONTACT CDOT AT(704)336-3888.27. SITE TRIANGLES SHOWN ARE THE MINIMUM REQUIRED.28. THE DEVELOPER SHALL CONTACT THE CHARLOTTE DEPARTMENT OF TRANSPORTATION (GUSJORDI, 704-336-7086) TO IDENTIFY ANY CONFLICTS WITH TRAFFIC SIGNALIZATIONEQUIPMENT. 60-90 DAYS WILL BE REQUIRED TO COORDINATE RELOCATION. DEVELOPERSHALL BE RESPONSIBLE FOR ALL RELATED RELOCATION COST AND/OR ANY REPAIR COSTCAUSED BY THE CONSTRACTOR/DEVELOPER.29. AREAS OF SEVERE ASPHALT DISREPAIR WILL BE REMOVE TO TOP OF SUBBASE AND PATCHEDPRIOR TO OVERLAY.30. THERE WILL BE NO DEMOLITION LANDFILL ON SITE.31. THE ESTIMATED COMPLETION IS DECEMBER 2021.32. THE PURPOSE OF THE STORM DRAINAGE EASEMENT (SDE) IS TO PROVIDE STORM WATERCONVEYANCE. BUILDINGS ARE NOT PERMITTED IN THE EASEMENT AREA. ANY OTHER OBJECTSWHICH IMPEDE STORM WATER FLOW OR SYSTEM MAINTENANCE ARE ALSO PROHIBITED.33. THE DEVELOPER SHALL MAINTAIN EACH STREAM, CREEK, OR BACKWASH CHANNEL IN ANUNOBSTRUCTED STATE AND SHALL REMOVE FROM THE CHANNEL AND BANKS OF THE STREAMALL DEBRIS, LOGS, TIMBER, JUNK AND OTHER ACCUMULATIONS.34. ANY BUILDING WITHIN THE 100+1 STORWATER ELEVATION LINE IS SUBJECT TO THERESTRICTIONS OF THE (CITY OF CHARLOTTE/MECKLENBURG COUNTY) SUBDIVISION ORDINANCE,SECTION 7.00.8.35. PE SEALED SHOP DRAWINGS FOR RETAINING WALL MUST BE SUBMITTED TO CITY ENGINEERPRIOR TO CONSTRUCTION.36. "AS-BUILT" DRAWINGS AND PLANS OF THE STORM DRAINAGE SYSTEM, INCLUDING DESIGNEDDITCHES, MUST BE SUBMITTED PRIOR TO SUBDIVISION FINAL INSPECTION TO THE CITY/COUNTYENGINEERING DEPARTMENT IN ACCORDANCE WITH THE CITY/COUNTY SUBDIVISIONORDINANCE.37. PRIOR TO CO, SURVEYR SEALED AS-BUILT DRAWINGS OF ALL WATER QUALITY BMP'S ANDDETENTION SYSTEMS MUST BE PROVIDED.38. A PRECONSTRUCTION MEETING SHALL BE SCHEDULED WITH THE NCDOT INSPECTOR PRIOR TOANY WORK IN THE NCDOT R/W.39. ANY WORK WITHIN THE CITY'S R/W THAT REQUIRES CLOSURE OF A SIDEWALK OR TRAVEL LANEMUST BE APPROVED BY CDOT AND WILL REQUIRE A R/W USE PERMIT OR R/W LEASE DEPENDINGUPON THE PROPOSED DURATION OF CLOSURE. THESE APPROVALS ARE IN ADDITION TO SITEAPPROVALS AND SHOULD BE COORDINATED WITH CDOT PRIOR TO CONSTRUCTION.CONTRACTOR SHALL CONTACT CDOT AT (704)432-1562 AT LEAST 5 BUSINESS DAYS PRIOR TOBEGINNING WORK FOR IMPACTS LESS THAN 30 DAYS. CONTRACTOR SHALL CONTACT CDOT AT(704)336-8348 AS SOON AS POSSIBLE FOR IMPACTS GREATER THAN 30 DYAS. EVERY EFFORTSHALL BE MADE TO CONSTRUCT IMPROVEMENTS WITH MINIMAL IMPACT TO DRIVERS ANDPEDESTRIANS.40. DEVELOPER TO CONTACT CDOT (ANTHONY MENDEZ: 704-336-4971) DURING SITE PLANPREPARATION TO DISCUSS STREET LIGHTING REQUIREMENTS, IF ANY, FOR THIS PROJECT.COORDINATE WITH DUKE ENERGY AND CDOT AS NECESSARY TO DETERMINE LIGHTING LEVELS,LIGHTING LAYOUT AND REQUIREMENTS FOR INSTALLATION.PCCO SUMMARYORIGINAL PARCEL ID NUMBER(S):DEVELOPMENT TYPE:SUBJECT TO PCCO? Y/NIF NO, WHY?WATERSHED:DISTURBED AREA (AC):SITE AREA (AC):TOTAL ON- SITE DRAINAGE AREA (AC):EXISTING BUILT- UPON- AREA (SF):EXISTING BUA TO BE REMOVED (SF):EXISTING BUA TO REMAIN (SF):PROPOSED NEW BUA (SF):PROPOSED % BUA:DENSITY (HIGH / LOW)TOTAL POST- PROJECT BUA FOR SITE:DEVELOPMENT OR REDEVELOPMENT?NATURAL AREA REQUIRED (AC):NATURAL AREA PROVIDED, TOTAL (AC):UNDISTURBED TREED NATURAL AREAPRESERVED (AC):TOTAL STREAM BUFFER PROTECTED ON-SITE (AC):TRANSIT STATION AREA? Y/NDISTRESSED BUSINESS DISTRICT? Y/NMITIGATION TYPE (IF APPLICABLE)NATURAL AREA MITIGATION? Y/NBUFFER MITIGATION? Y/NTOTAL PHOSPHOROUS MITIGATION? Y/N108-11-227 & 108-11-229RESIDENTIAL SINGLE FAMILY DETACHEDYYADKIN SE CATAWBA, REEDY28.5341.85DA#1DA#227.5730,042030,042291,59625%HIGH330,398DEVELOPMENTN/ANNNNN14.2823,928023,928119,00720%HIGHN/ADEVELOPMENTNNNNN155,551TOTAL41.8553,970053,970410,60323%HIGHDEVELOPMENTNNNNN485,9497.3210.8110.813.75N/AN/AN/AN/AN/AN/AKEY MAPSHEET C3.3SHEET C3.4SHEET C3.5SHEET C3.2SHEET C3.1WETLANDSSIDEWALKSEX. CATCH BASIN & PIPEEX. STORM DRAIN & PIPEUTUTGGR/WPROPERTY LINEADJACENT PROPERTY LINEEASEMENT LINEEX. UNDERGROUND TELEPHONE LINEEX. GAS LINEEX. UNDERGROUND ELECTRIC LINESEX. OVERHEAD ELECTRICEX. WATER LINEEX. GRAVITY SEWERSTORM DRAIN EASEMENTSDESANITARY SEWER RIGHT OF WAYSSRWFLARED END SECTIONFESREINFORCED CONCRETE PIPERCPCATCH BASINCBDROP INLETDILEGENDUGEUGEOEOEOETREE SAVE & NATURAL AREARIGHT OF WAY LINEOPEN SPACEEXISTING ZONING: R-3JURISDICTION: CHARLOTTE ETJPARCEL ID #: 108-11-227 & 108-11-229DEED BOOK / PAGE: DB 31866, PG 908TOTAL SITE AREA: 41.85 ACPROPOSED ZONING: R-4 CLUSTER DEVELOPMENTMAX DENSITY: 3 DU/ACPROPOSED DENSITY: 2.0 DU/ACPROPOSED LOT: 84 LOTSPROPOSED TOTAL AREA IN LOTS: 14.63ACPROPOSED AREA IN R/W:FRANK GRIER ROAD 2.70 ACFAUNA ROAD 1.74 ACHEATHLAND DRIVE1.56 ACPLATEAU DRIVE0.18 ACVELD COURT 0.39 ACTOTAL 6.57 ACPROPOSED OPEN SPACE:SWIM/PCO BUFFERS 3.75 ACOTHER 15.24 ACTOTAL OPEN SPACE 18.99 ACLINEAR FEET OF STREET:FRANK GRIER ROAD 2,079 LFFAUNA ROAD 1,345 LFHEATHLAND DRIVE 1,265 LFPLATEAU DRIVE 163 LFVELD COURT266 LFTOTAL LINEAR FEET OF STREET: 5,118 FTSETBACKS (BASED ON TREE SAVE INCENTIVES):MIN FRONT YARD*: 20 FTMIN SIDE YARD: 5 FT (INTERIOR)6 FT (EXTERIOR)10 FT (CORNER LOTS)MIN REAR YARD*: 30 FT (R-4 CLUSTER INTERIOR LOT)45 FT (R-3 CLUSTER EXTERIOR LOT)*FRONT AND REAR YARDS SHOWN ARE REDUCTIONS ALLOWED UNDER THE TREE ORDINANCELOTS**:R-3 CLUSTER PER TREE SAVE INCENTIVES:MINIMUM LOT WIDTH REQUIRED: 60 FT MINIMUM LOT AREA REQUIRED: 8,000 SF R-4 CLUSTER PER SECTION 9.205, TABLE 9.205 (5)MINIMUM LOT WIDTH REQUIRED: 50 FTMINIMUM LOT AREA REQUIRED: 6,000 SF**ALL LOTS ARE R-4 CLUSTER SIZE UNLESS OTHERWISE NOTED.R4 ZONING TREE SAVE AREA REQUIRED:TOTAL SITE AREA:41.85 ACNET SITE AREA: 41.18 AC(0.67 AC R/W DEDICATION)TREE SAVE AREA REQUIRED (25.0%): 10.46 AC (455,637 SF)TREE SAVE AREA PROVIDED (26.9%): 11.08 AC (482,645 SF)25% OF TREE SAVE IS REQUIRED TO BE COMMON OPEN SPACE100% OF TREE SAVE PROVIDED IS IN COMMON OPEN SPACENATURAL OPEN SPACE REQUIRED (17.5%): 7.32 ACNATURAL OPEN SPACE PROVIDED (26.9%): 11.08 AC4-13-21Crossing #3Crossing #2Crossing #4Crossing #1
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R/WR/WR/WSWWWWWAmerican Engineering Associates - Southeast, P.A.8008 Corporate Center Dr - Suite 110Charlotte, NC 28226 704-375-2438AMERICANFIRM # C-3881 *** 3 Days Before Digging ***North Carolina 811811 or 1-800-632-4949Remote Ticket Entryhttp://nc811.org/remoteticketentry.htmCULVERTCROSSING 1FRANKGRIER RDSTR. E3-E61 OF 5CROSS SECTIONScale:Hort: 1"10'Vert: 1"=10'PLAN VIEWScale: 1"=30'( IN FEET )01 inch = 30 ft.15 30 6030W2 - Wetland FF- 0.01 acretemporary impact(constructiondisturbance)W1 - Wetland FF- 0.03 acre permanentimpact (fill for road andrip rap)S2 - Stream D-13lfpermanentimpact (rip rap)S1-StreamD-20lfpermanentimpact (culvertextension)R/W
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WWWWWWWWAmerican Engineering Associates - Southeast, P.A.8008 Corporate Center Dr - Suite 110Charlotte, NC 28226 704-375-2438AMERICANFIRM # C-3881 *** 3 Days Before Digging ***North Carolina 811811 or 1-800-632-4949Remote Ticket Entryhttp://nc811.org/remoteticketentry.htmCULVERTCROSSING 2FRANKGRIER RDSTR.E11-E142 OF 5CROSS SECTIONScale:Hort: 1"10'Vert: 1"=10'PLAN VIEWScale: 1"=30'R/WSWELWEL//R/W/SWELWEWEL/WWR/W/WRWWR/WWS3- Stream C-95lfpermanentimpact(fill for road)W3 - Wetland DD- 0.05 acrepermanent impact(fill)W4 - Wetland DD- 0.03 acretemporary impact(constructiondisturbance)W5-WetlandDD- 0.01 acrepermanent impact(sewer easement,clearing)
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SWWWWWWAmerican Engineering Associates - Southeast, P.A.8008 Corporate Center Dr - Suite 110Charlotte, NC 28226 704-375-2438AMERICANFIRM # C-3881 *** 3 Days Before Digging ***North Carolina 811811 or 1-800-632-4949Remote Ticket Entryhttp://nc811.org/remoteticketentry.htm CULVERTCROSSING 3FRANKGRIER RDSTR. K1-K23 OF 5CROSS SECTIONScale:Hort: 1"10'Vert: 1"=10'PLAN VIEWScale: 1"=30'R/WR/WR/WR/WR/WS4 - Stream A-18lfpermanentimpact (culvertextension, 9 lf bothup-and downgradient)S5 - Stream A- 23 lf permanentimpact (rip rap; 13 lfat he outlet, 10 lf atthe inlet)S6 - Stream A- 20 lf tempoaryimpact fordewatering (10 lfboth up-and downgradient)W6 - Wetland AA- 0.03 acrepermanent impact(fill)W7 - Wetland AA- 0.02 acretemporary impact(constructiondisturbance)
WWWWWWWWWWWAmerican Engineering Associates - Southeast, P.A.8008 Corporate Center Dr - Suite 110Charlotte, NC 28226 704-375-2438AMERICANFIRM # C-3881 *** 3 Days Before Digging ***North Carolina 811811 or 1-800-632-4949Remote Ticket Entryhttp://nc811.org/remoteticketentry.htmCULVERTCROSSING 4HEATHLANDRDSTR. J1-J24 OF 5CROSS SECTIONScale:Hort: 1"=10'Vert: 1"=10'PLAN VIEWScale: 1"=30'( IN FEET )01 inch = 30 ft.15 30 6030W9-WetlandEE- 0.02 acretemporary impact(constructiondisturbance)W8-WetlandEE- 0.08 acrepermanent impact(fill for road)WWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWW
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2 1/2"
23"
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31"
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15"
3 1/2"
37"
30'
45"
20"
44"
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6"
8"
8"
31"
18"
4"
44"
36"
52"
32"
44"
12'
18"
6"
8"
8'
31"
22"
4 1/2"
51"
42"
59"
32"
48"
12
21"
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8'
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34"
26"
5"
58"
48'
66"
32"
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6"
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5 OF 5
Frank Grier Road May 19, 2021
Attachments CWS Project No. 2018-0406
ATTACHMENT F:
Protected Species Habitat Assessment
CAROLINA WETLAND SERVICES, INC.
550 E. Westinghouse Blvd.
Charlotte, NC 28273
704-527-1177 (office)
704-527-1133 (fax)
March 13, 2020
Ms. Sara Shirley
American Engineering
8008 Corporate Center Drive, Suite 110
Charlotte, NC 28226
Subject:
Dear Ms. Shirley,
Protected Species Habitat Assessment Report
Frank Grier Road
Charlotte, North Carolina
CWS Project No. 2018-0406
American Engineering has contracted Carolina Wetland Services, Inc. (CWS) to provide a
protected species habitat assessment for the Frank Grier Road site. The Frank Grier Road site
is approximately 40 acres in extent and is located east of the Plott Road and Plaza Road
Extension intersection in Mecklenburg County, North Carolina (Figure 1, attached).
Methods
In -office Desktop Review
To determine which protected species are listed as occurring or potentially occurring within the
project vicinity and prior to conducting the on -site field investigation, CWS consulted the United
States Fish and Wildlife Service (USFWS) Endangered and Threatened Species and Species of
Concern by County for North Carolina online database for Mecklenburg County'. In addition,
CWS performed a data review using the North Carolina Natural Heritage Program (NCNHP)
Data Explorer2 on March 2, 2020 to determine if any record occurrences of federally -listed,
candidate endangered, threatened species, or critical habitat are located within the project
limits.
Typical habitat requirements for listed species was discerned from multiple USFWS3 and
NCNHP4 online resources including, but not limited to, specific USFWS species profiles,
recovery plans, NCNHP's Guide to Federally Listed Endangered and Threatened Species of
North Carolina, and List of the Rare Plant Species of North Carolina. United States Department
of Agriculture - Natural Resources Conservation Service (USDA-NRCS) Web Soil Survey of
United States Fish and Wildlife Service, Raleigh Field Office. Accessed March 2, 2020. Endangered and Threatened Species
and Species of Concern by County for North Carolina. https://www.fws.gov/raleigh/species/cntylist/mecklenburg.html
2 North Carolina Natural Heritage Data Explorer. Accessed March 2, 2020. https://ncnhde.natureserve.org/.
3 U.S. Fish and Wildlife Service. 2006. Optimal Survey Windows for North Carolina's Federally Threatened and Endangered Plant
Species. http://www.fws.gov/nces/es/plant_survey.html. Accessed March 2, 2020.
4 Buchanan, M.F. and J.T. Finnegan. 2010. Natural Heritage Program List of the Rare Plant Species of North Carolina. NC Natural
Heritage Program, Raleigh, NC. Accessed from https://www.fws.gov/raleigh/species/cntylist/nc_counties.html
NORTH CAROLINA - SOUTH CAROLINA
WWW.CWS-INC.NET
Page 1 of 8
Frank Grier Road March 13, 20209
Protected Species Assessment Report CWS Project No. 2018-0406
Mecklenburg County' and aerial imagery were also reviewed for potential habitat communities
of listed species within the project vicinity (Figures 2 and 3).
Field Survey
CWS scientist Aliisa Harjuniemi, PWS6, conducted a pedestrian habitat assessment of the
project area on March 6, 2020. Potential habitats for potentially occurring federally -protected
species that were identified during the desktop review were assessed in the field for the quality
of physical and/or biological features essential to the conservation of the applicable species.
Additionally, during the pedestrian habitat assessment, areas were reviewed for applicable
federally protected species. However, formal surveys were not conducted for the occurrence of
protected species. Identification references for natural communities include the National Land
Cover Database (2011)7.
Results
Based on the NCNHP data explorer review, there are no current occurrences within the project
limits or within a one -mile radius of the project limits (Attachment A). The USFWS lists seven
federally protected species for Mecklenburg County (Table 1). An official species list has not
been obtained from the USFWS Asheville Field Office.
Table 1. Unofficial List of Federally -Protected Species Potentially Occurring within the
Frank Grier Road Site, Mecklenburg County, NC.
Major Group
Scientific Name
Common Name
Federal Status*
Record Status
Plant
Helianthus
schweinitzii
Schweinitz's
sunflower
E
Current
Plant
Echinacea
laevigata
Smooth coneflower
E
Current
Plant
Rhus michauxii
Michaux's sumac
E
Current
Animal
Lasmigona
decorata
Carolina heelsplitter
E
Current
Animal
Bombus affinis
Rusty -patched
bumble bee
E
Historic
Animal
Myotis
septentrionalis
Northern -long-eared
bat
T
Current
Animal
Haliaeetus
leucocephalus
Bald eagle
BGPA
Current
E - Endangered, T - Threatened, BGPA - Bald and Golden Eagle Protection Act
Four terrestrial community types were identified within the project area during the field survey.
These community types consist of deciduous forest, mixed forest, woody wetlands, and
herbaceous areas along the road right-of-way (Figure 3). Of the identified on -site community
types, the forested and herbaceous areas are considered potential habitat for federally
threatened or endangered species that could potentially occur within the project limits. A brief
5 United States Department of Agriculture, 2017. Web Soil Survey of Mecklenburg County, North Carolina. Accessed 10/28/19
Source: https://websoilsurvey.nrcs.usda.gov/app/HomePage.htm
6 Professional Wetland Scientist, The Society of Wetland Scientist Professional Certification Program
MLRC. National Land Cover Database, 2011. https://www.mrlc.gov/nlcdll_leg.php
Page 2 of 8
Frank Grier Road March 13, 20209
Protected Species Assessment Report CWS Project No. 2018-0406
description of each species habitat requirements and determination of effect findings are listed
below by species.
Schweinitz's sunflower (Helianthus schweinitzii)
Habitat Description:
Schweinitz's sunflower is a perennial herb with yellow rays and yellow centers. They
can reach heights of five feet. Populations are limited to the piedmont of North and
South Carolina. It has been listed as an Endangered species under the ESA since
1991.8 The typical habitat for this plant includes roadsides, old pastures, transmission
line right-of-ways, open areas, either natural or human -maintained habitats, or edges of
upland woods. Major characteristics of soils associated with suitable Schweinitz's
sunflower habitat include thin soils, soils on upland interstream flats or gentle slopes,
soils that are clay like in both composition and texture (and often with substantial rock
fragments), soils that have a high shrinkage swell capacity, and those which vary over
the course of the year from very wet to very dry.
Biological Analysis:
A NCNHP data record review revealed that there are no current occurrences for this
species on -site, or within a one -mile radius of the project limits. A desktop review of the
site was conducted on March 6, 2020, and determined that the site does contain Enon
soil series that have known Schweinitz's sunflower occurrences. However, the majority
of the site consists of forested areas with closed canopy, which is not conducive for
Schweinitz's sunflower. The herbaceous areas along the Frank Grier Road were
assessed for suitability as potential habitat. Due to frequent mowing along the road, the
potential habitat was determined to be marginal (Photographs 1-3, Attachment B). No
individuals of Schweintz's sunflower or other Helianthus species were observed during
the field assessment on March 6, 2020. However, this site assessment was conducted
outside of the optimal survey window (late August until frost). It is our best
professional opinion that this project will have no effect on the Schweinitz's
sunflower. However, as a marginal habitat is present, it is up to the lead federal
agency to determine if an intensive survey is required.
Smooth coneflower (Echinacea laevigata)
Habitat Description:
Smooth coneflower is a tall, perennial herbaceous plant found in areas with abundant
sunlight where competition in the herbaceous layer is minimal. It has been federally
listed as Endangered under the ESA since 1992.9 Typical habitat for this plant includes
meadows, open woodlands, the ecotonal regions between meadows and woodlands,
cedar barrens, dry limestone bluffs, clear cuts, and roadside and utility rights -of -way. In
North Carolina, the species normally grows in magnesium- and calcium- rich soils
associated with gabbro and diabase parent material, and typically occurs in Iredell,
Misenheimer, and Picture soil series. It grows best where there is abundant sunlight,
8 United States Fish and Wildlife Services. 1991. Endangered and Threatened Wildlife and Plants; Helianthus schweinitzii
(Schweinitz's sunflower) Determined to be Endangered. http://ecos.fws.gov/docs/federal_register/fr1852.pdf.
9 United States Fish and Wildlife Services. 1992. Endangered and Threatened Wildlife and Plants; Echinacea laevigata (Smooth
Coneflower) Determined to be Endangered. http://ecos.fws.gov/docs/federal_register/fr2140.pdf.
Page 3 of 8
Frank Grier Road March 13, 20209
Protected Species Assessment Report CWS Project No. 2018-0406
little competition in the herbaceous layer, and periodic disturbances (e.g., regular fire
regime, well-timed mowing, careful clearing) that prevents encroachment of
shade -producing woody shrubs and trees. On sites where woody succession is held in
check, it is characterized by a number of species with prairie affinities.
Biological Analysis:
A NCNHP data record review revealed that there are no current occurrences for this
species within the project limits, or within a one -mile radius of the project (Attachment A).
The majority of the project limits are forested, which does not provide the abundant
sunlight the smooth coneflower requires. In addition, Iredell, Misenheimer, and Picture
soil series commonly associated with the smooth coneflower are not found within the
project limits.10 Due to the lack of habitat and known occurrences, CWS concludes that
this project will have no effect on the smooth coneflower.
Michaux's sumac (Rhus michauxii)
Habitat Description:
Michaux's sumac is a rhizomatous shrub. It is densely hairy with compound leaves
exhibiting evenly -serrated leaflets. Flowers are small, greenish to white, in terminal
clusters. Fruits are red drupes produced from August to October. It has been listed as
an Endangered species under the Endangered Species Act (ESA) since 1989.11 It is
found on the coastal plains of Virginia to Florida, with most populations occurring in
North Carolina. It prefers sandy or rocky open woods with basic soils, as well as,
highway right-of-ways, roadsides, or edges of artificially -maintained clearings.
Biological Analysis:
A NCNHP data record review revealed that there are no current occurrences for this
species within the project limits, or within a one -mile radius of the project (Attachment A).
Disturbed open areas conducive to early -succession species are not present in the
project area outside the road right of way along Frank Grier Road. The on -site soils
consist of the Enon soil series, which are too acidic for Michaux's sumac. Additionally,
there are no current records of this species within Mecklenburg County12. Due to the
lack of habitat and known occurrences, CWS concludes that this project will have no
effect on Michaux's sumac.
Carolina heelsplitter (Lasmigona decorata)
Habitat Description:
The Carolina heelsplitter was historically known from several locations within the
Catawba and Pee Dee River systems in North Carolina and the Pee Dee and Savannah
River systems, and possibly the Saluda River system in South Carolina. In North
Carolina, the species is now known only from a handful of streams in the Pee Dee and
Catawba River systems. The species exists in very low abundances, usually within 6
feet of shorelines, throughout its known range. The general habitat requirements for the
10 United States Department of Agriculture, 2017. Web Soil Survey of Mecklenburg County, North Carolina. Accessed 10/28/19
Source: https://websoilsurvey.nrcs.usda.gov/app/HomePage.htm
11 United States Fish and Wildlife Services. 1989. Endangered and Threatened Wildlife and Plants;Determination of Endangered
Status for Rhus michauxii (Michaux's sumac). http://ecos.fws.gov/docs/federal_register/fr1601.pdf.
12 USFWS Michaux's Sumac Recovery Plan; https://ecos.fws.gov/docs/recovery_plan/930430.pdf
Page 4 of 8
Frank Grier Road March 13, 20209
Protected Species Assessment Report CWS Project No. 2018-0406
Carolina heelsplitter are shaded areas in large rivers to small streams, often burrowed
into clay banks between the root systems of trees, or in runs along steep banks with
moderate current. Recently, the Carolina heelsplitter has been found in sections of
streams containing bedrock with perpendicular crevices filled with sand and gravel, and
with wide riparian buffers.13
Biological Analysis:
There are two perennial streams on -site, but the stream banks are moderately incised.
In addition, the stream bottoms are heavily embedded with silt which is not suitable
habitat for Carolina heelsplitter. The on -site perennial streams are connected to
downstream waters via culverts, which is also not conducive for Carolina heelsplitter
(Photograph 4). Additionally, the NCNHP data record review revealed that there are no
current occurrences for this species within the project limits, or within a one -mile radius
of the project (Attachment A). Therefore, CWS concludes that this project will have
no effect on the Carolina heelsplitter.
Rusty Patched Bumble Bee (Bombus affinis)
The Rusty patched bumble bee was listed as Endangered under the ESA in January 2016.14
Rusty patched bumble bees once occupied grasslands and tallgrass prairies of the Upper
Midwest and Northeast, but most grasslands and prairies have been lost, degraded, or
fragmented by conversion to other uses. According to USFWS guidance, "the rusty patched
bumble bee population has declined by approximately 90% or more. There are currently
records of Bombus affinis in isolated places within 13 states and 1 providence since 2000. In
these areas, surveys should only be completed by qualified biologists under the guidance of the
federal recovery/scientific permit under section 10(a)(1)(B) of the ESA. These surveyors must
also meet all applicable state permitting and reporting requirements. The presence of Bombus
affinis has been broken down into three zones. A high potential zone provides a reasonable
basis for describing where the species is likely to be present and where federal agencies and
others should consult with Fish and Wildlife Services to evaluate the potential effects of their
actions. A low potential zone buffers a high potential zone and are much less likely to support
existing populations. Scientists are hopeful that some of these low potential areas may contain
the bee, and they recommend that surveyors obtain a scientific recovery permit. The third zone
is the unoccupied zone. Scientists believe that the likelihood of finding the species in these
areas is so low that they do not recommend scientific recovery permits, unless a Bombus affinis
may have accidentally been collected.15 According to USFWS' Rusty Patched Bumble Bee
Interactive Map, Mecklenburg County is located within an unoccupied zone. Therefore, the
proposed project will have no effect on the Rusty -patched bumble bee.
13 NCDOT TE Animal Habitat Descriptions. 2015.
https://connect.ncdot.gov/resources/Environmental/Compliance%20Guides%20and%20Procedures/TE%20Animal%20Habitat%
20Descriptions%20Mar_6_2015.pdf
14 United States Fish and Wildlife Services.
https://www.fws.gov/midwest/endangered/insects/rpbb/pdf/Survey_Protocols_RPBB_12ApriI2019.pdf
15 United States Fish and Wildlife Services. https://www.fws.gov/midwest/endangered/insects/rpbb/index.html
Page 5 of 8
Frank Grier Road March 13, 20209
Protected Species Assessment Report CWS Project No. 2018-0406
Northern long-eared bat (Myotis septentrionalis)
The northern long-eared bat (NLEB) is one of the species of bats most impacted by the
white -nose syndrome disease. Summer habitat (roosting habitat) of the NLEB includes forests
and woodlots containing live trees and/or dead snags greater than three inches diameter at
breast height with cavities or crevices. Winter habitat (hibernacula) of the NLEB includes caves,
mines, rocky areas, or structures that mimic similar conditions such as culverts greater than
48-inch in diameter.16 The NLEB was listed as Threatened (T) on April 2, 2015.
The forested areas within the property are potential habitats for the NLEB. A Standard Local
Operating Procedure for Endangered Species Act Compliance (SLOPES) was established for
NLEB between the USFWS Asheville and Raleigh Ecological Offices and the United States
Army Corps of Engineers (USACE), Wilmington District, on January 31, 2017.17 This SLOPES
defines how the USACE will make determinations of effect to the NLEB on projects in which the
USACE is the lead federal agency. Alternative Local Procedure 2 (ALP 2) applies for the Frank
Grier Road site as the action area is within range of the NLEB,18 the action area is located
outside of a red 12-digit HUC as defined by the Asheville Ecological Services Field Office,19 and
consultation by the USACE is required on other listed species or critical habitat.
The final 4(d) rule exempts incidental take of NLEB associated with activities that occur greater
than 0.25 miles from a known hibernaculum site and greater than 150 feet from a known,
occupied maternity roost from June 1-July 31. In accordance with ALP 2 and the final 4(d) rule
(effective as of February 16, 2016), any incidental take that may result from associated activities
is exempt under the 4(d) rule. Therefore, this project is exempt under the 4(d) rule.
Bald eagle (Haliaeetus leucocephalus)
The Bald and Golden Eagle Protection Act,20 enacted in 1940, prohibits anyone without a permit
issued, from "taking" bald eagles, including their parts, nests, or eggs. Habitat for the bald
eagle includes cliffs and forested areas typically within 1.0 mile of estuaries, large lakes,
reservoirs, rivers, seacoast, and as they become more abundant, stands of undisturbed forest.
A desktop-GIS assessment of the project study area, as well as, the area within a 1 mile radius
of the project limits, was performed on March 6, 2020 using 2019 color aerials. No water bodies
large enough or sufficiently open to be considered potential feeding sources were identified.
Since there was no foraging habitat within the review area, a survey of the project study area
and the area within the project limits was not conducted. Additionally, a review of the NCNHP
database on March 2, 2020 revealed no known occurrences of this species within 1.0 mile of
the project study area. Due to the lack of habitat and known occurrences, CWS concludes
that this project will not affect this species.
16 United States Fish and Wildlife Service. 2016. 4(d) Rule for the Northern Long -Eared Bat; Final rule.
https://www.gpo.gov/fdsys/pkg/FR-2016-01-14/pdf/2016-00617.pdf
17 USACE http://saw-reg.usace.army.mil/NLEB/1-30-17-signed_NLEB-SLOPES&apps.pdf
18 The U.S. Fish and Wildlife Service (USFWS) 2016. https://www.fws.gov/midwest/endangered/mammals/nleb/pdf/WNSZone.pdf
19 The U.S. Fish and Wildlife Service (USFWS) 2016. Northern Long -Eared Bat.
20 https://www.fws.gov/midwest/MidwestBird/eaglepermits/bagepa.html
Page 6 of 8
Frank Grier Road March 13, 20209
Protected Species Assessment Report CWS Project No. 2018-0406
Summary
Based on the literature search and the results of the on -site assessment for suitable habitat of
federally -protected endangered, and threatened species, suitable habitat was not observed
within the project limits for smooth coneflower, Michaux's sumac, bald eagle, or Carolina
heelsplitter. Marginal habitat was observed for Schweinitz's sunflower, but there are no
occurrences for this species within a one mile radius and no Helianthus species were observed
during the habitat assessment. The project area is not located within the currently occupied
range of the rusty -patched bumble bee. CWS has concluded that activities within the project
area will not directly or indirectly jeopardize the continued existence of Schweinitz's sunflower,
smooth coneflower, Michaux's sumac, bald eagle, rusty -patched bumble bee, and Carolina
heelsplitter. Additionally, based on the project area location, no tree removal activities will occur
within a 150-foot radius of a known, occupied NLEB maternity roost from June 1-July 31 and no
trees will be removed within 0.25 miles of a known hibernaculum at any time of year. Therefore,
any incidental take on NLEB that may result from associated activities is exempt under the 4(d)
rule and notifications will follow the SLOPES agreement'. Biological determinations
requirements for federally protected species are summarized in Table 2.
Table 2. Biological Determination Requirements Summary Table for Federally Protected Species
Scientific Name
Common Name
Federal
Status*
Effect on Listed
Species
Biological
Determination
Required
Helianthus schweinitzii
Schweinitz's sunflower
E
No Effect
No
Echinacea laevigata
Smooth coneflower
E
No Effect
No
Rhus michauxii
Michaux's sumac
E
No Effect
No
Lasmigona decorata
Carolina heelsplitter
E
No Effect
No
Bombus affinis
Rusty -patched bumble bee
E
No Effect
No
Myotis septentrionalis
Northern -long-eared bat
T
Exempt
Yes**
Haliaeetus
leucocephalus
Bald eagle
BGPA
No Effect
No
* E - Endangered, T - Threatened, BGPA - Bald and Golden Eagle Protection Act
** - Required in accordance with SLOPES, ALP 2 agreement.
A biological assessment was not conducted for this project. All biological determinations of
effect represent the best professional opinion of CWS and are not official determinations of
effect. It is the responsibility of the lead federal agency to render an official determination of
effect. Should the lead federal agency agree with CWS's initial findings of no effect, then no
USFWS consultation is required to comply with Section 7 of the Endangered Species Act.
Should the lead federal agency's determination of effect differ from the findings of CWS, formal
or informal consultation with USFWS may be required.
21 http://www.fws.gov/asheville/htmis/project_review/NLEB_in_WNC.html
Page 7 of 8
Frank Grier Road
Protected Species Assessment Report
March 13, 20209
CWS Project No. 2018-0406
Thank you for the opportunity to provide these services on this important project. Please do not
hesitate to contact Aliisa Harjuniemi at 980-259-1222 or aliisa@cws-inc.net should you have
any questions or comments regarding this report.
Sincerely,
Aliisa Harjuniemi, PWS
Senior Project Manager
Christine Geist, PWS, CE
Consulting Group Manager
Attachments: Figure 1: USGS Topographic Map
Figure 2: USDA-NRCS Web Soil Survey of Mecklenburg County
Figure 3: Aerial Map
Attachment A: NCNHP Data Review Report
Attachment B: Representative Photographs (1-4)
Page 8 of 8
FIGURE NO.SCALE:
CWS PROJECT NO:
COORDINATES:
DATE:
DRAWN BY:
CHECKED BY:
SCALE:
CWS PROJECT NO:
COORDINATES:
USGS Topographic Map 2
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Project Limits (40 ac.)
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Mecklenburg County
Charlotte, North Carolina
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G:\Team Drives\Consulting Team Drive\2018\2018 Consulting Projects\2018-0406 Frank Grier Road\JD\ArcGIS\Figure2_USGS.mxd
35.251893, -80.709868
REFERENCE: USGS 7.5 MINUTE TOPOGRAPHIC QUADRANGLE(S): HARRISBURG AND MINT HILL, NC (2017).
FIGURE NO.SCALE:
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COORDINATES:
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REFERENCE: USDA-NRCS SOIL SURVEY OF MECKLENBURG COUNTY, NC, DATED 2017.
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Frank Grier Road March 13, 2020
Attachments CWS Project No. 2018-0406
ATTACHMENT A:
NCNHP Data Review Report
NCNHDE-11540
March 2, 2020
Megan Shelton
Carolina Wetland Services
550 East Westinghouse Blvd
Charlotte , NC 28273
RE: Frank Grier Road; 2018-0406
Dear Megan Shelton:
The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide
information about natural heritage resources for the project referenced above.
A query of the NCNHP database indicates that there are records for rare species, important natural
communities, natural areas, and/or conservation/managed areas within the proposed project
boundary. These results are presented in the attached ‘Documented Occurrences’ tables and map.
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 documented within the project area or 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:
https://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.
Also please note that 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 an occurrence of a Federally-listed species is 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 rodney.butler@ncdcr.gov or 919-707-8603.
Sincerely,
NC Natural Heritage Program
Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Intersecting the Project AreaFrank Grier RoadProject No. 2018-0406March 2, 2020NCNHDE-11540No Element Occurrences are Documented within the Project AreaThere are no documented element occurrences (of medium to very high accuracy) that intersect with the project area. Please note, however, that although theNCNHP database does not show records for rare species within the project area, it does not necessarily mean that they are not present; it may simply mean thatthe area has not been surveyed. The use of Natural Heritage Program data should not be substituted for actual field surveys if needed, particularly if the projectarea contains suitable habitat for rare species. If rare species are found, the NCNHP would appreciate receiving this information so that we may update ourdatabase.Natural Areas Documented Within Project AreaSite Name Representational Rating Collective RatingReedy Creek Nature Preserve Forests R4 (Moderate) C4 (Moderate)Managed Areas Documented Within Project Area*Managed Area NameOwnerOwner TypeReedy Creek Nature PreserveMecklenburg CountyLocal Government*NOTE: If the proposed project intersects with a conservation/managed area, please contact the landowner directly for additional information. If the project intersects with a Dedicated Nature Preserve(DNP), Registered Natural Heritage Area (RHA), or Federally-listed species, NCNHP staff may provide additional correspondence regarding the project.Definitions and an explanation of status designations and codes can be found at https://ncnhde.natureserve.org/content/help. Data query generated on March 2, 2020; source: NCNHP, Q1 Jan 2020.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 5
Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One-mile Radius of the Project AreaFrank Grier RoadProject No. 2018-0406March 2, 2020NCNHDE-11540Element Occurrences Documented Within a One-mile Radius of the Project AreaTaxonomicGroupEO ID Scientific Name Common Name LastObservationDateElementOccurrenceRankAccuracy FederalStatusStateStatusGlobalRankStateRankNaturalCommunity25442 Basic Mesic Forest(Piedmont Subtype)--- 2007-10-08 B 3-Medium --- --- G3G4 S3S4NaturalCommunity25443 Dry-Mesic BasicOak--Hickory Forest(Piedmont Subtype)--- 2010 A 3-Medium --- --- G3G4 S3NaturalCommunity25444 Dry-MesicOak--Hickory Forest(Piedmont Subtype)--- 2010 B 3-Medium --- --- G4G5 S4NaturalCommunity1577 Mesic Mixed HardwoodForest (PiedmontSubtype)--- 2007-10-08 C 3-Medium --- --- G3G4 S4NaturalCommunity25441 Piedmont AlluvialForest--- 2007-10-08 C 2-High --- --- G4 S4Vascular Plant 13743 Delphinium exaltatum Tall Larkspur 1800s Hi? 5-VeryLow--- Endangered G3 S2Vascular Plant 5014 Hexalectris spicata Crested Coralroot 1958-08-06 H 4-Low --- SignificantlyRarePeripheralG5 S2Vascular Plant 13152 SymphyotrichumgeorgianumGeorgia Aster 2018 D 2-High Candidate Threatened G3 S3Natural Areas Documented Within a One-mile Radius of the Project AreaSite Name Representational Rating Collective RatingReedy Creek Nature Preserve Forests R4 (Moderate) C4 (Moderate)Managed Areas Documented Within a One-mile Radius of the Project AreaManaged Area Name Owner Owner TypeReedy Creek Nature Preserve Mecklenburg County Local GovernmentReedy Creek Park Mecklenburg County Local GovernmentCatawba Lands Conservancy Easement Catawba Lands Conservancy PrivateReedy Creek Greenway Mecklenburg County Local GovernmentPage 3 of 5
Managed Areas Documented Within a One-mile Radius of the Project AreaManaged Area Name Owner Owner TypeDelta Creek Park Mecklenburg County Local GovernmentDefinitions and an explanation of status designations and codes can be found at https://ncnhde.natureserve.org/content/help. Data query generated on March 2, 2020; source: NCNHP, Q1 Jan 2020.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 4 of 5
Page 5 of 5
Frank Grier Road March 13, 2020
Attachments CWS Project No. 2018-0406
ATTACHMENT B:
Photopage (Photographs 1-4)
Frank Grier Road
Attachment B - Photopage
March 13, 2020
CWS Project No. 2018-0406
Photograph 1. View of potential habitat for Schweinitz's sunflower, facing northeast.
Photograph 2. View of potential habitat for Schweinitz's sunflower, facing southwest
Photopage 1 of 2
Frank Grier Road
Attachment B - Photopage
March 13, 2020
CWS Project No. 2018-0406
Photograph 3. View of potential habitat for Schweinitz's sunflower, facing northeast.
Photograph 4. View of unsuitable habitat for Carolina Heelsplitter, facing southwest
Photopage 2 of 2
Frank Grier Road May 19, 2021
Attachments CWS Project No. 2018-0406
ATTACHMENT G:
ILF Acceptance Letter and
Payment Receipt for Previously Authorized Impacts
May 18, 2021
Brad Dyer
Eastwood Homes
2857 Westport Road
Charlotte, NC 28208 Expiration of Acceptance: 11/17/2021
Project: Frank Grier Road (additional wetland) County: Mecklenburg
The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to
accept payment for compensatory mitigation for impacts associated with the above referenced project as
indicated in the table below. Please note that this decision does not assure that participation in the DMS in-
lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts.
It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will
be approved. You must also comply with all other state, federal or local government permits, regulations or
authorizations associated with the proposed activity including G.S. § 143-214.11.
This acceptance is valid for six months from the date of this letter and is not transferable. If we have not
received a copy of the issued 404 Permit/401 Certification within this time frame, this acceptance will
expire. It is the applicant’s responsibility to send copies of the permits to DMS. Once DMS receives a copy
of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must
be made prior to conducting the authorized work. The amount of the in-lieu fee to be paid by an applicant is
calculated based upon the Fee Schedule and policies listed on the DMS website.
Based on the information supplied by you in your request to use the DMS, the impacts for which you are
requesting compensatory mitigation credit are summarized in the following table. The amount of mitigation
required and assigned to DMS for this impact is determined by permitting agencies and may exceed the
impact amounts shown below.
River Basin Impact Location
(8-digit HUC) Impact Type Impact Quantity
Yadkin 03040105 Riparian Wetland 0.04
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: Aliisa Harjumiemi, agent
RECEIPT
July 29, 2020
Brad Dyer
Eastwood Homes
2857 Westport Road
Charlotte,NC 28208
Project: Frank Grier Road
County: Mecklenburg
401 permit#: 2020-0575
404 permit#: 2019-01139
DMS ID#: MR-07501
Amount Paid: $29,435.02
Check Number: 57402
The NCDEQ Division of Mitigation Services (DMS) has received a check as indicated above as payment for the
compensatory mitigation requirements of the 401 Water Quality Certification/Section 404 Permit(s) issued for
the above-referenced project. This receipt serves as notification that your compensatory mitigation
requirements assigned to DMS associated with the authorized activity as specified below have been satisfied.
You must also comply with all other conditions of this certification and any other state, federal or local
government permits or authorization associated with this activity including G.S. § 143-214.11.
The DMS, by acceptance of this payment, acknowledges that the Division is responsible for the
compensatory mitigation requirements indicated below associated with the project permit and agrees to
provide the compensatory mitigation as specified in the permit. Mitigation responsibility assigned to the DMS
is nontransferable. The mitigation will be performed in accordance with the In-Lieu Fee Program instrument
dated July 28, 2010.
Mitigation Location Mitigation Type Credits
Yadkin 03040105 Riparian Wetland 0.32
Refunds of payments made to NCDMS are only approved under certain conditions. All refund requests must
be submitted in accordance with the Division’s refund policy. If you have any questions or need additional
information, please contact Kelly.Williams@ncdenr.gov.
Sincerely,
FOR Tim Baumgartner
Director
cc: Todd Tugwell, USACE - Raleigh; David Shaeffer, USACE
Aliisa Harjumiemi, agent
Frank Grier Road May 19, 2021
Attachments CWS Project No. 2018-0406
ATTACHMENT H:
SHPO Letter
North Carolina Department of Natural and Cultural Resources
State Historic Preservation Office
Ramona M. Bartos, Administrator
Governor Roy Cooper Office of Archives and History
Secretary Susi H. Hamilton Deputy Secretary Kevin Cherry
Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: (919) 807-6570/807-6599
April 24, 2020
Aliisa Harjuniemi aliisa@cws-inc.net
Carolina Wetland Services, Inc.
550 East Westinghouse Boulevard
Charlotte, NC 28273
Re: Develop Frank Grier site subdivision, east of Plott Road and Plaza Road Extension intersection ,
Mecklenburg, ER 20-0687
Dear Ms. Harjuniemi:
Thank you for your email of March 18, 2020, concerning the above project.
We have conducted a review of the project and are aware of no historic resources which would be affected by
the project. Therefore, we have no comment on the project as proposed.
The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the
Advisory Council on Historic Preservation’s Regulations for Compliance with Section 106 codified at 36 CFR
Part 800.
Thank you for your cooperation and consideration. If you have questions concerning the above comment,
contact Renee Gledhill-Earley, environmental review coordinator, at 919-814-6579 or
environmental.review@ncdcr.gov. In all future communication concerning this project, please cite the above
referenced tracking number.
Sincerely,
Ramona Bartos, Deputy
State Historic Preservation Officer
Frank Grier Road May 19, 2021
Attachments CWS Project No. 2018-0406
ATTACHMENT I:
Photopage (Photographs 1-12)
Frank Grier Road
Photopage
May 19, 2021
CWS Project No. 2018-0406
Photograph 1. View of Wetland AA, facing south.
Photograph 2. View of Wetland BB, facing south.
Photopage 1 of 6
Frank Grier Road
Photopage
May 19, 2021
CWS Project No. 2018-0406
Photograph 3. View of Wetland CC, facing southeast.
Photograph 4. View of Wetland DD, facing north.
Photopage 2 of 6
Frank Grier Road
Photopage
May 19, 2021
CWS Project No. 2018-0406
Photograph 5. View of Wetland EE, facing northwest.
Photograph 6. View of Wetland FF, facing southeast.
Photopage 3 of 6
Frank Grier Road
Photopage
May 19, 2021
CWS Project No. 2018-0406
Photograph 7. View of Wetland GG, facing west.
Photograph 8. View of Intermittent Stream A, facing upstream.
Photopage 4 of 6
Frank Grier Road
Photopage
May 19, 2021
CWS Project No. 2018-0406
Photograph 9. View of Perennial Stream A, facing downstream.
Photograph 10. View of Perennial Stream B, facing upstream.
Photopage 5 of 6
Frank Grier Road
Photopage
May 19, 2021
CWS Project No. 2018-0406
Photograph 11. View of Intermittent Stream C, facing upstream.
Photograph 12. View of Intermittent Stream D, facing upstream.
Photopage 6 of 6
DWR Pre-Fil ing Meeting Req u est Form
ID#*Ve rsion *
Re gional Office *
Re v ie we r List *
Contact Name *
Contact Email Addre ss *
Proje ct Name *
Proje ct Owne r *
Proje ct County *
Owne r Addre ss:
Is this a transportation proje ct?*
Type (s) of approv al sought from the DWR:
Doe s this proje ct hav e an e xisting proje ct ID#?*
Ple ase list all e xisting proje ct ID's associate d with this proje cts.*
Do you know the name of the staff me mbe r you would like to re que st a me e ting with?
Ple ase giv e a brie f proje ct de scription be low and include location information.*
20200575 2
Mooresville Regional Office - (704) 663-1699
Alan Johnson
Pre-Filing Me eting Reque st submitte d 4/16/2021
Aliisa Harjuniemi
aliisa@cws-inc.net
Frank Grier Road (AKA Grier Meadows)
Eastwood Homes
Mecklenburg
City
Charlotte
State / Province / Region
NC
Postal / Zip Code
28208
Country
USA
Street Address
2857 Westport Road
Address Line 2
Yes No
401 Water Quality Certification -
Regular
401 Water Quality Certification -
Express
Individual Permit Modification
Shoreline Stabilization
Yes No
20-0575
Alan Johnson
Signature
Submittal Date
The Frank Grier Road site is approximately 40 acres in extent and is
located east of the Plott Road and Plaza Road Extension intersection
in Mecklenburg County, North Carolina.
The purpose of the project is to develop the property for a single-
family subdivision. USACE and NCDEQ have previously issued the
404 and 401 permits for this project. However, at CLT Water’s
request the headwall structures have been moved outside of any
proposed easement required for new water or sewer mains. As a
result of relocating headwall structures additional wetland and stream
disturbances are necessary for construction. To facilitate
maintenance storm structure are not allowed within CLT Water
easements.
The new wetland disturbance total 0.28 acres (0.04 ac increase), and
the new total for stream impacts is 189 linear feet (8 linear feet
increase). The previous permit verifications and the current culvert
details are attached.
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.
· I 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.
4/16/2021