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20210699 Ver 1_ePCN Application_20210610
DWR Division of Water Resources Pre -Construction Notification (PCN) Form For Nationwide Permits and Regional General Permits (along with corresponding Water Quality Certifications) June 1, 2021 Ver4.1 Initial Review Has this project met the requirements for acceptance in to the review process?* r Yes ✓ No Is this project a public transportation project?* ✓ Yes r No Change only if needed. BIMS # Assigned* Version#* 20210699 1 Is a payment required for this project?* ✓ No payment required ✓ Fee received ✓ Fee needed - send electronic notification Reviewing Office * Mooresville Regional Office - (704) 663-1699 What amout is owed?* r $240.00 r $570.00 Select Project Reviewer* Alan Johnson:eads\adjohnson 1 Information for Initial Review la. Name of project: StoneyGreen Subdivision la. Who is the Primary Contact?* Rich Mogensen 1b. Primary Contact Email:* rich@mogensenmitigation.com Date Submitted 6/10/2021 Nearest Body of Water Reedy Creek Basin Yadkin-PeeDee Water Classification Site Coordinates Latitude: 35.2531 Longitude: -80.6922 1 c. Primary Contact Phone:* (704)567-1111 A. Processing Information u County (or Counties) where the project is located: Mecklenburg Is this a NCDMS Project ✓ Yes r No Is this project a public transportation project?* ✓ Yes r No Pre -Filing Meeting Information Is this a courtesy copy notification?* ✓ Yes r No ID# 20210699 Version 1 Pre -fling Meeting or Request Date 4/6/2021 Attach documentation of Pre -Filing Meeting Request here: Click the upload button or drag and drop files here to attach document Pre -Filing Meeting Request.pdf Fle type nest be FIT la. Type(s) of approval sought from the Corps: rJ Section 404 Permit (wetlands, streams and waters, Clean Water Act) r" Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) Has this PCN previously been submitted?* ✓ Yes ✓ No 1b. What type(s) of permit(s) do you wish to seek authorization? 17 Nationwide Permit (NWP) I-- Regional General Permit (RGP) I-- Standard (IP) lc. Has the NWP or GP number been verified by the Corps? ✓ Yes rNo Nationwide Permit (NWP) Number: 29 - Residential Developments NWP Numbers (for multiple NWPS): Id. Type(s) of approval sought from the DWR: 17 401 Water Quality Certification - Regular I— Non-404 Jurisdictional General Permit I-- Individual 401 Water Quality Certification le. Is this notification solely for the record because written approval is not required? For the record only for DWR 401 Certification: For the record only for Corps Permit: If. Is this an after -the -fact permit application?* ✓ Yes f No 55.45KB I— 401 Water Quality Certification - Express I— Riparian Buffer Authorization lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? ✓ Yes 6 No lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? ✓ Yes rNo 1h. Is the project located in any of NC's twenty coastal counties? ✓ Yes 6 No 1j. Is the project located in a designated trout watershed? ✓ Yes f No B. Applicant Information ld. Who is applying for the permit? I Owner 17 Applicant (other than owner) le. Is there an Agent/Consultant for this project?* 6 Yes r No 2. Owner Information 2a. Name(s) on recorded deed: JDSI, LLC 2b. Deed book and page no.: 04196-537 ✓ Yesr No ✓ Yes 6 No 2c. Contact Person: Judson Stringfellow 2d.Address Street Address 2116 Crown Centre Drive Address Line 2 Suite 200 aty State / Province / Isgion Charlotte NC Postal / Zip Code Country 28277 USA 2e. Telephone Number: 2f. Fax Number: (704)361-7777 2g. Email Address:* judsonstringfellow@gmail.com 3. Applicant Information (if different from owner) 3a. Name: David Hensley 3b. Business Name: SouthCraft Development 3c. Address Street Address 2116 Crown Centre Drive Address Line 2 Suite 200 DIY Charlotte Postal / Zip Code 28277 3d. Telephone Number: (704)222-4542 3f. Email Address:* davida.hensley@gmail.com 4. Agent/Consultant (if applicable) 4a. Name: Rich Mogensen 4b. Business Name: Mogensen Mitigation 4c. Address Street Address PO Box690429 Address Line 2 aty Charlotte Postal / Zip (ode 28227 4d. Telephone Number: (704)567-1111 4f. Email Address:* rich@mogensenmitigation.com State / Province / Region NC Country USA 3e. Fax Number: State / Province / Region NC Country USA 4e. Fax Number: C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (if appropriate) lc. Nearest municipality/ town: Charlotte 2. Project Identification 2a. Property Identification Number: 10812119, 10812101A 2b. Property size: 39.33 2c. Project Address Street Address Hood Road Address tine 2 Criy State / Province / legion Postal / Zip Code Country 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* Reedy Creek 3b. Water Resources Classification of nearest receiving water:* c 3c. What river basin(s) is your project located in?* Yadkin-PeeDee 3d. Please provide the 12-digit HUC in which the project is located. 03040105 4. Project Description and History 4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application:* The site is located just west of Hood Road, south of Plaza Road Extension in Charlotte, Mecklenburg County, NC. This site is partially forested with areas of overgrown pasture and a private estate. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?* r Yes C• No C- Unknown 4f. List the total estimated acreage of all existing wetlands on the property: 0.627 4g. List the total estimated linear feet of all existing streams on the property: 3575 4h. Explain the purpose of the proposed project:* The proposed residential development consists of one road crossing. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* Fill and grading of the site will use standard equipment, excavator, dump truck, track hoe, etc. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* 6 Yes C- No Comments: 5b. If the Corps made a jurisdictional determination, what type of determination was made?* 6' Preliminary C- Approved F Not Verified F Unknown C- WA Corps AID Number: SAW-2019-01101 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: Rich Mogensen SynTerra r Unknown 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR This site was verified by D. Shaeffer (USACE) on 2/3/20. A copy of the signed JD approval is included in the Approvals section. Please note, between the JD and PCN, discrepancies in stream and wetland measurements are the result of including Reedy Creek as the southern boundary. 6. Future Project Plans 6a. Is this a phased project?* C Yes /7 No Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity? D. Proposed Impacts Inventory 1. Impacts Summary la. Where are the impacts associated with your project? (check all that apply): r Wetlands r Open Waters 3. Stream Impacts fJ Streams -tributaries ✓ Pond Construction r Buffers SI 3a. Reason for impact (?) Road Crossing 3b.Impact type* Permanent 3c. Type of impact* Culvert 3d. S. name* Stream (S-1) 3e. Stream Type* (?) Intermittent 3f. Type of Jurisdiction* Corps 3g. S. width* 17 Average (feet) 3h. Impact length* 107 (linear feet) 3i. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 107 3i. Total stream and ditch impacts: 107 3j. Comments: Riprap will be placed above the OHWM. Total acreage of the impact is <0.05 acres. 3i. Total temporary stream impacts: 0 E. Impact Justification and Mitigation 1. Avoidance and Minimization la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: Impacts associated with the proposed development were limited through site selection, design, and location/orientation of the proposed lots and access routes. The applicant has demonstrated avoidance and minimization efforts by dedicating significant area as tree saves and avoiding -100% of onsite wetlands and 97% of streams. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Construction techniques will implement approved erosion control methods to avoid/minimize impacts to onsite/adjacent offsite receiving conveyances. 2:1 slopes will be used to minimize crossing impacts and riprap will be placed above the OHWM. 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 this project DOES NOT require Compensatory Mitigation, explain why: Impacts total to less than 0.05 AC F. Stormwater Management and Diffuse Flow Plan (required by DWR) 1. Diffuse Flow Plan la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? ✓ Yes 6No If no, explain why: 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?* ✓ Yes (' No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? ✓ Yes ( No 2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater program? 6' Yes r No ✓ N/A - project disturbs < 1 acre 2d. Which of the following stormwater management program(s) apply: (7 Local Government r State Local Government Stormwater Programs I7 Phase II r NSW r USMP r Water Supply Please identify which local government stormwater program you are using. City of Charlotte Comments: Stormwater on the site will be handled by facilities shown on the attached plans. The stormwater plan has not yet been submitted to City of Charlotte but will be designed to meet their criteria. G. Supplementary Information 1. Environmental Documentation la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?* ✓ Yes GNo 2. Violations (DWR Requirement) 2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15A NCAC 2B .0200)?* ✓ Yes F No 3. Cumulative Impacts (DWR Requirement) 3a. Will this project result in additional development, which could impact nearby downstream water quality?* ✓ Yes f No 3b. If you answered "no," provide a short narrative description. No additional phases proposed. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* r: Yes r Nor N/A 4b. Describe, in detail, the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated at a treatment plant, list the capacity available at that plant. Wastewater generated on the site will be transported to the nearest treatment facility via sewer lines. 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or habitat?* ✓ Yes f. No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* ✓ Yes r No 5c. If yes, indicate the USFWS Field Office you have contacted. Asheville 5d. Is another Federal agency involved?* ✓ Yes 5e. Is this a DOT project located within Division's 1-8? ✓ Yes G No t No r Unknown 5f. Will you cut any trees in order to conduct the work in waters of the U.S.? ✓ Yes r No 5g. Does this project involve bridge maintenance or removal? ✓ Yes ( No 5h. Does this project involve the construction/installation of a wind turbine(s)?* ✓ Yes r No 5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.? ✓ Yes G No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? No suitable habitat present. Habitat may occur for the Northern long-eared bat but the project is except as described in the attached Spangler T&E report. The report has been submitted for concurrence. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?* C Yes ( No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?* No essential fish habitat in this region. 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?* C Yes 6- No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* https://polaris3g.mecklenburgcountync.gov/ SHPO's website: https://nc.maps.arcgis.com/ NC Department of Natural and Cultural Resources 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain?* 6 Yes CNo 8b. If yes, explain how project meets FEMArequirements: Impacts to floodplain are being coordinated with local FEMA floodplain managers and a Individual Floodplain Development Permit has been submitted via Charlotte -Mecklenburg Stormwater Services. 8c. What source(s) did you use to make the floodplain determination?* ewwv.fema.gov https://polaris3g.mecklenburgcountync.gov/ Miscellaneous Please use the space below to attach all required documentation or any additional information you feel is helpful for application review. Documents should be combined into one file when possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred. Click the upbad button or drag and drop files here to attach docurrent StoneyGreene PCN.pdf 11 57MB Fie must be FCF or NW Comments Please see attached for a complete PCN package, including maps, exhibits, and supplementary materials. Signature * 17 By checking the box and signing below, I certify that: • The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief; and • The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. • I have given true, accurate, and complete information on this form; • I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); • I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); • I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND • I intend to electronically sign and submit the PCN form. Full Name: Richard Mogensen Signature Date 6/10/2021 DWR Pre -Filing Meeting Request Form ID#* Regional Office * Reviewer List* 20210699 Version* 1 Mooresville Regional Office - (704) 663-1699 Alan Johnson Pre -Filing Meeting Request submitted 4/6/2021 Contact Name* Contact Email Address* Project Name* Project Owner* Project County* Owner Address: Amber Lipsky lipskyamber@gmail.com StoneyGreen Subdivision SouthCraft Development Mecklenburg Street Address 2116 Crown Centre Drive Address Line 2 Suite 200 City Charlotte Fbstal / Zip Code 28277 Is this a transportation project?* r Yes ( No Type(s) of approval sought from the DWR: W 401 Water Quality Certification - Regular I— Individual Permit I— Shoreline Stabilization I— 401 Water Quality Certification - Express I— Modification Does this project have an existing project ID#?* C Yes ( No State / Rovince / Region NC Country USA Do you know the name of the staff member you would like to request a meeting with? Alan Johnson Please give a brief project description below and include location information.* The proposed NWP 29 will include one stream crossing Please give a couple of dates you are available for a meeting. 5/6/2021 Please attach the documentation you would like to have the meeting about. STONEY GREEN_ STREAM DISTURBANCE.pdf pdf only By digitally signing below, I certify that I have read and understood that per the Federal Clean Water Act Section 401 Certification Rule the following statements: • This form completes the requirement of the Pre -Filing Meeting Request in the Clean Water Act Section 401 Certification Rule. • I understand by signing this form that I cannot submit my application until 30 calendar days after this pre -filing meeting request. • !also understand that DWR is not required to respond or grant the meeting request. Your project's thirty -day clock started upon receipt of this application. You will receive notification regarding meeting location and time if a meeting is necessary. You will receive notification when the thirty -day clock has expired, and you can submit an application. Signature Submittal Date 4/6/2021 June 10, 2021 Mr. Bryan Roden -Reynolds U.S. Army Corps of Engineers Charlotte Regulatory Field Office 8430 University Executive Park Drive Charlotte, NC 28262 Mr. Alan Johnson NCDEQ Division of Water Resources 610 East Center Street, Suite 301 Mooresville, NC 28115 Subject: SAW-2019-01101; Pre -Construction Notification for NWP #29 for the StoneyGreen Subdivision site in Charlotte, Mecklenburg County, North Carolina Mr. Roden -Reynolds and Mr. Johnson, Enclosed is a request for Nationwide Permit #29 for the StoneyGreen Subdivision site on 39.33 acres located on Hood Road in Charlotte, NC. The site is a proposed residential development and consists of three streams and three wetlands. A Preliminary Jurisdictional Determination Request was authorized in February 2020. Please refer to the Jurisdictional Determination Information and Authorizations sections for information on onsite surface waters. As shown on the attached exhibits, the proposed project will include 107 linear feet of permanent impacts to one stream (Stream S-1) for road crossing access. These access crossings were necessary due to City connectivity requirements. Impacts were limited to the extent possible by implementing 2:1 slopes and avoiding all other aquatic resources on site. Due to the limited impacts, no compensatory mitigation is proposed. Also enclosed is a copy of a Threatened and Endangered Species and Cultural Resources Evaluation for the site. Please refer to the Threatened and Endangered Species Evaluation Section for additional details on the terrestrial species evaluation. Thank you for your consideration and please contact me with any questions, at (704) 567-1111 or rich.mogensen@mogensenmitigation.com. Sincerely, Richard Mogensen, PWS 1 DWR Pre -Filing Meeting Request Form ID#* Regional Office * Reviewer List* 20210699 Version* 1 Mooresville Regional Office - (704) 663-1699 Alan Johnson Pre -Filing Meeting Request submitted 4/6/2021 Contact Name* Contact Email Address* Project Name* Project Owner* Project County* Owner Address: Amber Lipsky lipskyamber@gmail.com StoneyGreen Subdivision SouthCraft Development Mecklenburg Street Address 2116 Crown Centre Drive Address Line 2 Suite 200 City Charlotte Fbstal / Zip Code 28277 Is this a transportation project?* r Yes ( No Type(s) of approval sought from the DWR: W 401 Water Quality Certification - Regular I— Individual Permit I— Shoreline Stabilization I— 401 Water Quality Certification - Express I— Modification Does this project have an existing project ID#?* C Yes ( No State / Rovince / Region NC Country USA Do you know the name of the staff member you would like to request a meeting with? Alan Johnson Please give a brief project description below and include location information.* The proposed NWP 29 will include one stream crossing Please give a couple of dates you are available for a meeting. 5/6/2021 Please attach the documentation you would like to have the meeting about. STONEY GREEN_ STREAM DISTURBANCE.pdf pdf only By digitally signing below, I certify that I have read and understood that per the Federal Clean Water Act Section 401 Certification Rule the following statements: • This form completes the requirement of the Pre -Filing Meeting Request in the Clean Water Act Section 401 Certification Rule. • I understand by signing this form that I cannot submit my application until 30 calendar days after this pre -filing meeting request. • !also understand that DWR is not required to respond or grant the meeting request. Your project's thirty -day clock started upon receipt of this application. You will receive notification regarding meeting location and time if a meeting is necessary. You will receive notification when the thirty -day clock has expired, and you can submit an application. Signature Submittal Date 4/6/2021 WEPG Preliminary ORM Data Entry Fields for New Actions SAW — 2019 - 01101 Wetlands and Environmental Planning Group Leonard S. Lindner, PLLC. BEGIN DATE [Received Date]: Prepare file folder n Assign Action ID Number in ORM n 1. Project Name [PCN Form A2a]: StoneyGreen Subdivision 2. Work Type: Private n Institutional n Government n Commercial 3. Project Description / Purpose [PCN Form B3d and B3e]: PCN request for residential development 4. Property Owner / Applicant [PCN Form A3 or A4]: South Craft Development (Applicant) 5. Agent / Consultant [PCN Form A5 — or ORM Consultant ID Number]: WEPG, PLLC c/o Daniel Kuefler 6. Related Action ID Number(s) [PCN Form B5b]: 7. Project Location - Coordinates, Street Address, and/or Location Description [PCN Form Bib]: 35.2531. -80.6922 Hood Road, Charlotte, NC 8. Project Location - Tax Parcel ID [PCN Form B1a]: 10812101A, 10812101 B 9. Project Location —County [PCN Form A2b]: Mecklenburg 10. Project Location — Nearest Municipality or Town [PCN Form A2c]: Charlotte 11. Project Information — Nearest Waterbody [PCN Form B2a]: Reedy Creek 12. Watershed / 8-Digit Hydrologic Unit Code [PCN Form B2c]:Yadkin PeeDee (03040105) Authorization: Section 10 n Section 404 n Section 10 & 404 n Regulatory Action Type: ❑ Stand m ✓ Nationwide Permit # n RegionaldarGeneralPerit Permit # n Jurisdictional Determination Request H Pre -Application Request Unauthorized Activity n Compliance ❑ No Permit Required Revised 20150602 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 la. Type(s) of approval sought from the Corps: ❑ Section 10 Permit X Section 404 Permit 1 b. Specify Nationwide Permit (NWP) number: 29 or General Permit (GP) number: lc. Has the NWP or GP number been verified by the Corps? ❑ Yes X No 1d. Type(s) of approval sought from the DWQ (check all that apply): — Regular ❑ Non-404 Jurisdictional General Permit — Express ❑ Riparian Buffer Authorization X 401 Water Quality Certification ❑ 401 Water Quality Certification le. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: For the record only for Corps Permit: ❑ Yes X No ❑ Yes X 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 X No 1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ❑ Yes X No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes X No 2. Project Information 2a. Name of project: StoneyGreen Subdivision 2b. County: Mecklenburg 2c. Nearest municipality / town: Charlotte 2d. Subdivision name: 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: Judson Stringfellow 3b. Deed Book and Page No. 04196-537 3c. Responsible Party (for LLC if applicable): JDSI, LLC 3d. Street address: 2116 Crown Centre Drive, Suite 200 3e. City, state, zip: Charlotte, NC 28277 3f. Telephone no.: (704)361-7777 3g. Fax no.: 3h. Email address: judsonstringfellow@gmail.com Page 1 of 10 PCN Form — Version 1.4 January 2009 4. Applicant Information (if different from owner) 4a. Applicant is: ❑ Agent X Other, specify: Developer 4b. Name: David Hensley 4c. Business name (if applicable): SouthCraft Development 4d. Street address: 2116 Crown Centre Dr. Suite 200 4e. City, state, zip: Charlotte, NC 28277 4f. Telephone no.: (704)222-4542 4g. Fax no.: 4h. Email address: davida.hensley@gmail.com 5. Agent/Consultant Information (if applicable) 5a. Name: Rich Mogensen 5b. Business name (if applicable): Mogensen Mitigation 5c. Street address: PO Box 690429 5d. City, state, zip: Charlotte, NC 28227 5e. Telephone no.: (704)567-1111 5f. Fax no.: 5g. Email address: rich@mogensenmitigation.com Page 2 of 10 B. Project Information and Prior Project History 1. Property Identification la. Property identification no. (tax PIN or parcel ID): 10812119, 10812101A lb. Site coordinates (in decimal degrees): Latitude: 35.2531 Longitude: -80.6922 lc. Property size: 39.33 acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: Reedy Creek 2b. Water Quality Classification of nearest receiving water: C 2c. River basin: Yadkin Pee Dee/03040105 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: The site is located just west of Hood Road, south of Plaza Road Extension in Charlotte, Mecklenburg County, NC. This site is partially forested with areas of overgrown pasture and a private estate. 3b. List the total estimated acreage of all existing wetlands on the property: 0.627 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 3,575 3d. Explain the purpose of the proposed project: The proposed residential development consists of one road crossing. 3e. Describe the overall project in detail, including the type of equipment to be used: Fill and grading of the site will use standard equipment, excavator, dump truck, track hoe, etc. 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 past? X Yes ❑ No ❑ Unknown Comments: SAW-2019-01101 4b. If the Corps made the jurisdictional determination, what type of determination was made? X Preliminary Final 4c. If yes, who delineated the jurisdictional areas? Name (if known): Rich Mogensen Agency/Consultant Company: Mogensen Mitigation Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. This site was verified by D. Shaeffer (USAGE) on 2/3/20. A copy of the signed JD approval is included in the Approvals section. Please note, between the JD and PCN, discrepancies in stream and wetland measurements are the result of including Reedy Creek as the southern boundary. 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? ❑Yes X No ❑Unknown 5b. If yes, explain in detail according to "help file" instructions. 6. Future Project Plans 6a. Is this a phased project? ❑ Yes X No 6b. If yes, explain. Page 3 of 10 PCN Form — Version 1.4 January 2009 C. Proposed Impacts Inventory 1. Impacts Summary la. Which sections ❑ Wetlands were completed below for your project (check all that apply): ❑ Buffers ❑ Open Waters ❑ Pond Construction X Streams — tributaries 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 - Choose one Choose one Yes/No - W2 - Choose one Choose one Yes/No - W3 - Choose one Choose one Yes/No - W4 - Choose one Choose one Yes/No - W5 - Choose one Choose one Yes/No - W6 - Choose one Choose one Yes/No - 2g. Total Wetland Impacts: 2h. Comments: 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 Stream (S-1) PER Corps 17 107 S2 - Choose one - - S3 - Choose one - - S4 - Choose one - - S5 - Choose one - - S6 - Choose one - - 3h. Total stream and tributary impacts 107 3i. Comments: Riprap will be placed above the OHWM. total acreage of the impact is <0.05 acres. Page 4 of 10 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) 01 - Choose one Choose 02 - Choose one Choose 03 - Choose one Choose 04 - 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 - Yes/No B2 - Yes/No B3 - Yes/No B4 - Yes/No B5 - Yes/No B6 - Yes/No 6h. Total Buffer Impacts: 6i. Comments: Page 5 of 10 D. Impact Justification and Mitigation 1. Avoidance and Minimization la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. Impacts associated with the proposed development were limited through site selection, design, and location/orientation of the proposed lots and access routes. The applicant has demonstrated avoidance and minimization efforts by dedicating significant area as tree saves and avoiding —100% of onsite wetlands and 97% of streams. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Construction techniques will implement approved erosion control methods to avoid/minimize impacts to onsite/adjacent offsite receiving conveyances. 2:1 slopes will be used to minimize crossing impacts and riprap will be placed above the OHWM. 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? No ❑ Yes X 2b. If yes, mitigation is required by (check all that apply): ❑ DWQ ❑ Corps 2c. If yes, which mitigation option will be used for this project? ❑ Mitigation bank ❑ Payment to in -lieu fee program ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type: 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: linear feet 4c. If using stream mitigation, stream temperature: Choose one 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non -riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Page 6 of 10 PCN Form — Version 1.4 January 2009 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 X No 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund). 6h. Comments: Page 7 of 10 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? ❑ Yes X No 1 b. 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? 28.36 % 2b. Does this project require a Stormwater Management Plan? X 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: Storm water on the site will be handled by facilities shown on the attached plans. The stormwater plan has not yet been submitted to City of Charlotte but will be designed to meet their criteria. 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? City of Charlotte 3b. Which of the following locally -implemented stormwater management programs apply (check all that apply): X Phase II NSW ❑ USMP ❑ Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been attached? ❑Yes X 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 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 8 of 10 PCN Form — Version 1.4 January 2009 F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1 a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? ❑ Yes X No 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State (North Carolina) Environmental Policy Act (NEPA/SEPA)? ❑Yes ❑ No lc. 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 X No 2b. Is this an after -the -fact permit application? ❑Yes X 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 X 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. No additional phases proposed. 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. Wastewater generated on the site will be transported to the nearest treatment facility via sewer lines. Page 9 of 10 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 X No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts? ❑ No X Yes 5c. If yes, indicate the USFWS Field Office you have contacted. Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? No suitable habitat present. Habitat may occur for the Northern long-eared bat but the project is except as described in the attached Spangler T&E report. The report has been submitted for concurrence. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes X No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? No essential fish habitat in this region. 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? ❑ Yes X No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? https://polaris3g.mecklenburgcountync.gov/ SHPO's website: https://nc.maps.arcgis.com/ 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? ❑ No X Yes 8b. If yes, explain how project meets FEMA requirements: Impacts to floodplain are being coordinated with local FEMA floodplain managers and a Individual Floodplain Development Permit has been submitted via Charlotte -Mecklenburg Stormwater Services. 8c. What source(s) did you use to make the floodplain determination? www.fema.gov https://polaris3g.mecklenburgcountync.gov/ Rich Mogensen Applicant/Agent's Printed Name , o'�n 06-10-2021 Date Applicant/Agent's Signature (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 10 of 10 MOGENSEN MITIGATION, INC AGENT AUTHORIZATION FORM PROPERTY LEGAL DESCRIPTION: LOT NO. PLAN NO. PARCEL ID: 10812119, 10812101A STREET ADDRESS: 8301 Hood Rd. Charlotte NC 28215 PROPERTY OWNER: The undersigned, registered property owners of the above noted property, do hereby authorize Richard Mogensen , of Mogensen Mitigation (Contractor / Agent) (Name of consulting firm) to act on my behalf and take all actions necessary for the processing, issuance and acceptance of this permit or certification and any and all standard and special conditions attached. By signing below, I authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) to enter upon the property herein described for the purpose of conducting on - site investigations, if necessary, and issuing a jurisdictional determination pursuant to Section 404 of the Clean Waters Act and/or Section 10 of the Rivers and Harbors Act of 1899. I, the undersigned, am the duly authorized owner of record of the property identified herein. PROPERTY OWNERS ADDRESS (if different than property above): 2116 crown Centre Dr. STE 2oo, Charlotte NC 28277 PROPERTY OWNER CONTACT: David Hensley — 704-222-4542 We hereby certify the above information submitted in this application is true and accurate to the best of our knowledge. Au i.o -iz d Sign ure ` u Authorized Signature Date: 4/5/21 Date: 4/6/21 Maps and Exhibits 1411, -,-A, ioN.- N\\* vmpopp.,--•—diollow....-7— t • igt Or4 \Afttp MECKLENBURG CO. MMI MOGENSEN MITIGATION INC LEGEND PROPERTY BOUNDARY GRAPHIC SCALE 1500 0 1500 3000 Mogensen Mitigation, Inc. PO Box 690429 Charlotte, NC 28227 www.mogmit.com DRAWN BY: J. LEE DATE: 06/12/2019 PROJECT MANAGER: R. MOGENSEN LAYOUT: FIG 1 VICINITY MAP jii NOTES: U.S. GEOLOGICAL SURVEY TOPO QUAD, HARRISBURG, NC 2016 (QUADRANGLE, QUAD ID: 8222799). FIGURE 1 VICNITY MAP (USGS) STONEY GREEN SUBDIVISION HOOD ROAD CHARLOTTE, NORTH CAROLINA 1 ill 1Jt�Jt r3. Voy,8ezr C> Q4Y40 41i£n, pR \ / MECKLENBURG CO. MOGENSEN MITIGATION INC LEGEND PROPERTY BOUNDARY GRAPHIC SCALE 1000 0 1000 2000 Mogensen Mitigation, Inc PO Box 690429 Charlotte, NC 28227 www.mogmit.com DRAWN BY: J. LEE DATE: 06/11/2019 PROJECT MANAGER: R. MOGENSEN LAYOUT: FIG 2 USGS QUAD MAP JPine Ridge '4D-pANR0 NOTES: U.S. GEOLOGICAL SURVEY TOPO QUAD, HARRISBURG, NC 2016 (QUADRANGLE, QUAD ID: 8222799). FIGURE 2 USGS QUAD MAP STONEY GREEN SUBDIVISION HOOD ROAD CHARLOTTE, NORTH CAROLINA SITE LOCATION MECKLENBURG CO. MMI MOGENSEN MITIGATION INC LEGEND PROPERTY BOUNDARY GRAPHIC SCALE 150 0 150 300 Mogensen Mitigation, Inc. PO Box 690429 Charlotte, NC 28227 www.mogmit.com DRAWN BY: J. LEE DATE: 06/11/2019 PROJECT MANAGER: R. MOGENSEN LAYOUT: FIG 3 AERIAL MAP NOTES: 1) AERIAL PHOTOGRAPH OBTAINED FROM GOOGLE EARTH PRO ON JUNE 6, 2019, DATED APRIL 26, 2018. FIGURE 3 AERIAL MAP STONEY GREEN SUBDIVISION HOOD ROAD CHARLOTTE, NORTH CAROLINA MMI MOGENSEN MITIGATION INC PROPERTY BOUNDARY LEGEND PROPERTY BOUNDARY SOIL TYPE CeB2 - CECIL SANDY CLAY LOAM (20.8%) CeD2 - CECIL SANDY CLAY LOAM (289%) MeB - MECKLENBURG FINE SANDY LOAM (93%) MO - MONACAN LOAM (36 5%) VaB - VANCE SANDY LOAM (4 7*) GRAPHIC SCALE 150 0 150 300 Mogensen Mitigation, Inc. PO Box 690429 Charlotte, NC 28227 www.mogmit.com DRAWN BY: J. LEE DATE: 06/11/2019 PROJECT MANAGER: R. MOGENSEN LAYOUT: FIG 4 NRCS SOILS MAP NOTES: SOILS DATA OBTAINED FROM THE NATIONAL RESOURCES CONSERVATION SERVICE (NRCS) ON JUNE 5, 2019 (https://websoilsurvey.sc.egov.usda.gov). FIGURE 4 NRCS SOILS MAP STONEY GREEN SUBDIVISION HOOD ROAD CHARLOTTE, NORTH CAROLINA MECKLENBURG CO. MMI MOGENSEN MITIGATION INC PROPERTY Reedy Creek (along property line 2055-LF LEGEND PROPERTY BOUNDARY STREAM WETLAND PHOTOGRAPHY POINT (P P#) C GRAPHIC SCALE 150 0 150 300 Mogensen Mitigation, Inc. PO Box 690429 Charlotte, NC 28227 www.mogmit.com DRAWN BY: J. LEE DATE: 09/24/2019 PROJECT MANAGER: R. MOGENSEN NOTES: 1) ALL LOCATIONS ARE APPROXIMATE. 2) STREAMS AND WETLANDS PRESENT ON -SITE DELINEATED WITH GPS ON JUNE 6, JUNE 11, AND SEPTEMBER 24, 2019 BY SYNTERRA. FIGURE 5 STREAM AND WETLAND DELINEATION MAP STONEYGREENE SUBDIVISION HOOD ROAD CHARLOTTE, NORTH CAROLINA GRAPHIC SCALE SNOIIION00 ONIISIX] 9 8Z ON '31101HVHO '421 000H 60£8'8 928 NOISIAIO8f1S N33?:IOrl3NO±S I ' i I ' ' � '+11� "lilt k /• 1 /' _�/ / 1 + / 11g� )' I ///1+1� \ ▪ �� // c/ �� �— v/1 / /1I� f l l �� IIII f11�`�6. V\\\\ S bb /� 7' /7--' =/r./ s �� —)'fit ��i) - 1 ---144,,, , .„ ,, 0 11 I U , , 1', ofir2.0a, F: I 1 . ' 11".. 1,,,,tir �tS i ''''' ;� R1� 0iAV ,� / M fi� (,dl /� // // / // I N.���� : mil\ � _ ^��`.�` II4\ ) \ 1 \ \ \T. \ It..,::::•.% • ___ la ,/,i ...... _ • �` ` f \ \ \ \�� _� \ , \ / 1 1) fr1 w n — _ -I 1 rN1 4 V ; -- = / 1 /" rI --/1/ r—i .io/) / / /� 1 1 V 1 \-t\\‘Z'\ / / /1 I(\/i//I„.I(-1./Kf1/./ /\V/\-,(I I / i ,' „�/1� '\,jl\,�\ Dili{(i11 J 1 i/, I1 illl I11\\ i 1' i+'11+ -`/''b F/, 11 f /J/1 — ,, )//// !l1`�`tyllll ` /////1/ 1 is h I 11 6MP'ONIISIX] ]ONeoe=riSIO WV]aS-OZ6 L NV -Id d1IS 9 Z8ZON'3110121VHO'a2!a00H L0£8'89 NOISIAIO8f1S N3a10A3NaLS a .41#047,4 ..,-:\* a "4*.f/t,r-. AN \ „iii,„ et ty, tOtt _... .-',1.\1.. 44.4%,461k 1 I 1974 P.. Ve t) ti _I ...,. 0 0,24064 to d vv. 0, k tl 114 \ 2 W 1... Re 8, It; = 28.36% (HIGH DENSITY) bMP'dONVBe=1OISIQ Wdde=11S—OZ6l� ,alo'22+m' mm m898 NOS &OenS N]]Iek]NO±S B¥P72L ONd JONV@SfISIO INVjSIS—OZ6 AT ll 1.1 .l .1 ♦ l� 1l l d1Idoe=id ie=un1nO 9 8Z ON '31101HVHO '421 OOOH 6O£8'8 928 NOISIAIO8f1S N33?:IOA3NO±S CMP ® 0.62% 0 l l l l l l bMP'd1IdOe=ld dONV8eJn1SIO WVde=11S—OZ6 L1 Jurisdictional Determination Information MECKLENBURG CO. MMI MOGENSEN MITIGATION INC PROPERTY Reedy Creek (along property line 2055-LF LEGEND PROPERTY BOUNDARY STREAM WETLAND PHOTOGRAPHY POINT (P P#) C GRAPHIC SCALE 150 0 150 300 Mogensen Mitigation, Inc. PO Box 690429 Charlotte, NC 28227 www.mogmit.com DRAWN BY: J. LEE DATE: 09/24/2019 PROJECT MANAGER: R. MOGENSEN NOTES: 1) ALL LOCATIONS ARE APPROXIMATE. 2) STREAMS AND WETLANDS PRESENT ON -SITE DELINEATED WITH GPS ON JUNE 6, JUNE 11, AND SEPTEMBER 24, 2019 BY SYNTERRA. FIGURE 5 STREAM AND WETLAND DELINEATION MAP STONEYGREENE SUBDIVISION HOOD ROAD CHARLOTTE, NORTH CAROLINA Authorizations U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Td. SAW-2019-01101 County: Mecklenburg U.S.G.S. Quad: NC- Harrisburg NOTIFICATION OF JURISDICTIONAL DETERMINATION Requestor: JDSI, Inc. Judson Stringfellow Address: 3515 Dovewood Drive Charlotte, NC 28226 Telephone Number: 704-361-7777 E-mail: 1udsonstrin¢fellow( mail.com Size (acres) 15 Nearest Town Charlotte Nearest Waterway Reedy Creek River Basin Upper Pee Dee USGS HUC 03040105 Coordinates Latitude: 35.2531 Longitude: -80.6921 Location description: The review area is located on the west side of Hood Road, 0.43 miles south of the intersection of Plaza Road Extension and Hood Road. PINs: 10812101 and 10812119. 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 9/24/2019. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. E There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404 ofthe Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 ofthe 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 deteitnination may be relied upon for a period not to exceed five years from the date of this notification. E There are waters, including wetlandson the above described project area/property subject to the permit requirements of Section 404 ofthe 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 suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once SAW-2019-01101 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(a�usace.army.mil. C. Basis For Determination: Basis For Determination: See the preliminary jurisdictional determination form dated 02/03/2020. 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. Tf 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. Tf you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Phillip Shannin, Review Officer 60 Forsyth Street SW, Room 10M15 Atlanta, Georgia 30303-8801 in order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by 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.** ` A Digitally signed by . ER.DAVID.LEIGH.1260750573 Date:2 Corps Regulatory Official: Date: 020.02.03 09:08:16 -05'00' Date of JD: 02/03/2020 Expiration Date of JD: Not applicable SAW-2019-011 tll 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/Pp=136:4:0 Copy furnished: Agent: Svnterra, Corporation Richard Mogensen Address: 10430 Harris Oaks Blvd Charlotte, NC 28269 Telephone Number: 704-576-1111 E-mail: rmogensen(asynterracorp.com NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: JDSI, Inc. Judson Stringfellow File Number: SAW-2019-01101 Date: 02/03/2020 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 DENTAL C APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E x SECTION I - The following identifies your rights and options regarding an administrative Additional information may be found at or http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits.aspx or appeal of the above decision. the Corps regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: Tf 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 TT 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 TT of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section 11 of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section IT 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. ir SECTION TT -REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision and/or the 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 Shannin, 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 RTGHT OF ENTRY: Your signature below grants the right consultants, to conduct investigations of the project site during day notice of any site investigation, and will have the op of entry to Corps of Engineers personnel, and any government the course of the appeal process. You will be provided a 15 Dortunity to participate in all site investigations. 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 Shannin, 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: 02/03/2020 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: JDSI, Inc., Judson Stringfellow, 3515 Dovewood Drive, Charlotte, NC 28226 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Purser Hood Road Site, SAW-2019-01101 D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The review area is located on the west side of Hood Road, 0.43 miles south of the intersection of Plaza Road Extension and Hood Road. PINs: 10812101 and 10812119. (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: 35.2531 Longitude: -80.6921 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): 9/24/2019 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 -wetland waters) Geographic authority to which the aquatic resource "may be" subject (i.e., Section 404 or Section 10/404) W-1 35.2520 -80.6925 0.020 ac Wetland 404 W-2 35.2515 -80.6902 0.0569 ac Wetland 404 W-3 35.2532 -80.6920 0.038 ac Wetland 404 S-1 35.2526 -80.6921 1,320 If Non -wetland 404 S-2 35.2519 -80.6935 200 If Non -wetland 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 pei nit 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 are included in the administrative record and are appropriately cited: ❑X Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Map: Fimure 6A dated 9/24/2019 ❑X Data sheets prepared/submitted by or on behalf of the PJD requestor. Datasheets: ❑X Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. Rationale: ❑ Data sheets prepared by the Corps: ❑ Corps navigable waters' study: ❑X U.S. Geological Survey Hydrologic Atlas: Nationalmap.6ov ▪ USGS NHD data: DUSGS 8 and 12 digit HUC maps: ❑ U.S. Geological Survey map(s). Cite scale & quad name: ZNatural Resources Conservation Service Soil Survey. Citation: ESRI NRCS SSURGO Soils Mapservice El National inventory map(s). Cite name: USFWS NWI Mapservice ❑ State/local wetland inventory map(s): ❑ FEMA/FIRM maps: ❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929) ❑X Photographs: ❑ Aerial (Name & Date): or Z Other (Name & Date): 12 photos dated 6/06/2019 and 6/11/2019 ▪ 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.1260750573 Date: 2020.02.03 09:08:51 -05'00' Signature and date of Regulatory Signature and date of person requesting PJD staff member completing PJD (REQUIRED, unless obtaining the signature is 02/03/2020 impracticable)' 1 Districts may establish timefi-anes for requester to return signed PJD forms. If the requester does not respond within the established tune frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action. MECKLENBURG CO. STREAM S-2 • 200-LF PROPERTY BOUNDARY STREAM WETLAND PHOTOGRAPHY POINT (P P #) C WETLAND W-3 0.038-ACRE 1 WETLAND W-2 0.569-ACRE NOTES: 1) ALL LOCATIONS ARE APPROXIMATE. 2) STREAMS AND WETLANDS PRESENT ON -SITE DELINEATED WITH GPS ON JUNE 6, JUNE 11, AND SEPTEMBER 24, 2019 BY SYNTERRA. synTerra GRAPHIC SCALE 150 0 150 300 10430 HARRIS OAKS BOULEVARD, SUITE H CHARLOTTE, NORTH CAROLINA 28269 PHONE 980-312-5999 www.synterracorp.com DRAWN BY: J. LEE DATE: 09/24/2019 PROJECT MANAGER: R. MOGENSEN LAYOUT: FIG 6A WETLANDS DELINEATION MAP FIGURE 6A STREAM AND WETLAND DELINEATION MAP PURSER PROPERTY HOOD ROAD CHARLOTTE, NORTH CAROLINA PARCEL #: 1081-2101 09/24/20194.15 PM GRIIM LEE \ Projects \Ruh Mogensen\Purser \Purser -Fig. 6A Wetlands Delineation Map. dwg Threatened and Endangered Species Report Cultural Resources Evaluation 69 SPANGLER ENVIRONMENTAL, INC. Environmental Planning Environmental Permitting Environmental Consulting Environmental Construction Management Expert Testimony 28 May 2021 Mr. Judson Stringfellow South Craft Development, LLC 2116 Crown Centre Drive, Suite 200 Charlotte, NC 28226 RE: Hood Road — Threatened and Endangered Species Memo Mr. Stringfellow: Upon your authorization Spangler Environmental, Inc. (SEI) visited the subject property, located at 8215 Hood Road, Charlotte, North Carolina (Mecklenburg County PIN# 10812101) on 18 May 2021 to determine if it contains rare and/or protected species and/or their critical habitat(s), or if either is recorded in federal and/or state databases within or near the subject property. Threatened and Endangered Species: SEI has reviewed information obtained from the United States Fish and Wildlife Service (USFWS) through the Information for Planning and Consultation (IPaC) tool. Additionally, SEI has reviewed information obtained from the North Carolina National Heritage Program (NCNHP). In order to determine if there is a reasonable likelihood of a protected species occurring on the subject property, a discretionary threshold has been established of an element occurrence within one mile of the subject property and/or critical habit corresponding to that species identified on the property through site reconnaissance and/or a records review. Data Review: Based on our review of the USFWS IPaC report (Consultation Code 04EN1000-2021-SLI-0584), there are five federally protected species which may occur in the project area and/or be affected by the proposed project, including: northern long-eared bat (Myotis septentrionalis), Carolina heelsplitter (Lasmigona decorata), Michaux's sumac (Rhus michauxii), Schweinitz's sunflower (Helianthus schweinitzii), and smooth coneflower (Echinacea laevigata). Based on our review of the NCNHP data, there are no element occurrences of protected species or natural areas within the subject property; however, there are two element occurrences within one mile of the subject property: tall larkspur (Delphinium exaltatum) and Georgia aster (Symphyotrichum georgianum). In addition, there is one natural area and six managed areas. One managed area is also shown to be within the subject property on the NCNHP report, however, this managed area only borders the subject property and is located on the adjacent parcel. The natural area within one mile is Reedy Creek Nature Preserve Forests and the managed areas include City of Charlotte open spaces, Mecklenburg County open spaces, Catawba Lands Conservancy Easement, and the Reedy Creek Greenway Easement. Site Reconnaissance: A reconnaissance of the site was completed on 18 May 2021. Topographic, hydrologic, and aerial maps of the tract were reviewed to determine distinct community locations. Communities were assigned based on observed vegetation, topography, hydrology, and soil type. The majority of the property is comprised of piedmont levee forest, although a meadow and recently demolished residential property are present in the eastern portions of the property. Reedy Creek runs along the southern property line. 4338 Bland Road Raleigh, N.C. 27609 phone 9I9-875-4288 fax 9I9-875-4287 TOLL FREE I-866-SPANGLER www.spanglerenvironmental.com IPAC protected species possibly in the vicinity of the project area: Northern Long -Eared Bat Northern long-eared bat is a federally threatened bat species with a body length of 3 to 3.7 inches, and a wingspan of 9 to 10 inches. Their fur color can be medium to dark brown on the back and tawny to pale -brown on the underside. Northern long-eared bats spend winter hibernating in caves and mines, called hibernacula. They use areas in various sized caves or mines with constant temperatures, high humidity, and no air currents. During the summer, northern long-eared bats roost singly or in colonies underneath bark, in cavities or in crevices of both live trees and snags (dead trees). Males and non -reproductive females may also roost in cooler places, like caves and mines. Northern long-eared bats seem to be flexible in selecting roosts, choosing roost trees based on suitability to retain bark or provide cavities or crevices. This bat has also been found rarely roosting in structures, like barns and sheds. Although the project area contains potentially suitable forested habitat, no northern long-eared bats were observed at the time of inspection, and NC NHP data contains no recorded occurrences in or within one mile of the subject property. Therefore, it is the opinion of SEI that the proposed project may affect but is not likely to adversely affect northern long- eared bat. Carolina Heelsplitter The Carolina heelsplitter is a federally endangered freshwater mussel with an egg -shaped shell that varies from greenish brown to dark brown in color. They are found in cool, clean, well -oxygenated water. Stable, silt -free stream bottoms appear to be critical to the species. Typically, stable areas occur where the stream banks are well -vegetated with trees and shrubs. A stream is present along the southern property line; however, the stream's substrate is very silty. In addition, NC NHP data contains no recorded occurrences in or within one mile of the subject property. Therefore, it is the opinion of SEI that the proposed project will have no effect on the Carolina heelsplitter. Michaux's Sumac Michaux's sumac is a federal and state (NC) endangered plant which generally occurs in sandy or rocky open woods and is dependent upon some form of disturbance to maintain the open quality of its habitat. Historically, this disturbance was due to periodic, naturally occurring fires; however, current habitat for Michaux's sumac is often artificially disturbed, for example highway and railroad rights -of -way, pine plantations, and edges of cultivated fields and other cleared lands. According to the US Fish and Wildlife Service (USFWS), the optimal time frame for conducting Michaux's sumac surveys is from May to October. Although potentially suitable habitat for Michaux's sumac exists within the project area, none were observed at the time of inspection, and NC NHP data contains no recorded occurrences in or within one mile of the subject property. Therefore, it is the opinion of SEI that the proposed project will have no effect on Michaux's sumac. Schweinitz's Sunflower Schweinitz's sunflower is a federally endangered perennial herb that regularly grows approximately 6% feet tall (though it can be shorter if young or injured) and can occasionally reach heights of 16 feet. It occurs in full to partial sun and is found in areas with poor soils, such as thin clays that vary from wet to dry. Although potentially suitable habitat for Schweinitz's sunflower exists within the project area, none were observed at the time of inspection, and NC NHP data contains no recorded occurrences in or within one mile of the subject property. Therefore, it is the opinion of SEI that the proposed project will have no effect on Schweinitz's sunflower. SPANGLER ENVIRONMENTAL, INC. Smooth Coneflower Smooth coneflower is a federally endangered perennial herb. It is typically found in open woods, glades, cedar barrens, roadsides, clearcuts, dry limestone bluffs, and power line rights -of -way, usually on magnesium and calcium rich soils. Optimal sites are characterized by abundant sunlight and little competition in the herbaceous layer. Limited potentially suitable habitat for smooth coneflower exists within the project area; however, none were observed at the time of inspection, and NC NHP data contains no recorded occurrences in or within one mile of the subject property. Therefore, it is the opinion of SEI that the proposed project will have no effect on smooth coneflower. NC NHP protected species within one -mile of the project area: Tall Larkspur Tall Larkspur is a state (NC) endangered herbaceous perennial that averages between 4 and 6 feet in height and 1 to 2 feet in width. This member of the buttercup family blooms from July to September, has blue or purple flowers and palmately divided, deep -green leaves. It prefers full sun and can often be found in moist but well -drained fertile soils of the mountains and piedmont. In NC it is found mostly in the mountains in clearings or the edge of woodlands. Although potentially suitable edge habitat was observed within the project area, no tall larkspur was observed at the time of inspection. Therefore, it is the opinion of SEI that the proposed project will have no effect on tall larkspur. Georgia Aster The Georgia Aster is a state (NC) threatened herbaceous perennial with white and/or purple flowers that bloom from early October to mid -November. Their primary habitat is in piedmont prairies or woodlands with acidic soils, and prefer at least moderate light, with heavy shade being a limiting factor. For this reason, this species thrives in fire -ecosystems where excessive understory is kept at bay and have become significantly less common with increased fire suppression. No suitable open understory habitat was observed within the project area, and no Georgia Aster was found on the subject property. Therefore, it is the opinion of SEI that the proposed project will have no effect on smooth coneflower. Conclusions: Based on field observations and the review of available data, SEI did not identify any protected species within the project area. As a result, impacts to protected species are not anticipated. No further investigation is recommended at this time. SPANGLER ENVIRONMENTAL, INC. Should you have any questions, or require additional clarification, please call. Sincerely, Spangler Environmental, Inc. Lisa Long Environmental Scientist — Land & Water Resources Attachments: Site Photographs NCNHP report IPaC Report NLEB MA Documentation Letter 62,3/A-v Ward Marotti Director — Land & Water Resources SPANGLER ENVIRONMENTAL, INC. Figure 1: Piedmont levee forest, 6 SPANGLER ENVIRONMENTAL, INC. Fizure 2: Meadow 6 SPANGLER ENVIRONMENTAL, INC. Figure 3: Recently demolished residential property 6 SPANGLER ENVIRONMENTAL, INC. Fizure 4: Reedy Creek 6 SPANGL,ER ENVIRONMENTAL, INC. ■■■ ■■ NC DEPARTMENT OF as ■■ NATURAL AND CULTURAL RESOURCES ■ ■ May 13, 2021 Maria Polizzi Spangler Environmental Inc. 4338 Bland Rd Raleigh, NC 27609 RE: Hood Road Dear Maria Polizzi: Roy Cooper, Governor D. Reid Wilson, Secretary Walter Clark Director, Division of Land and Water Stewardship NCNHDE-14677 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, Land and Water 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.butlerca ncdcr.gov or 919-707-8603. Sincerely, NC Natural Heritage Program DEPARTMENT OF NATURAL AND CULTURAL RESOURCES 121 w. JOrNES STREET. RALEIGH. reC 27603 = 1651 MAIL SERVICE CENTER. RALEIGH. NuC 271609 OFC 919.707.9120 • FAX 919,707,9121 No Element Occurrences are Documented within the Project Area \ \: _E= / / $ ~ / / E _E CD w>®% aas %.E > \ 3LT) 2> / § / E } / \ a) y y 0 4 /\ CD / \ % 0 \ / / ® e \ e 0 } = z \ / \ a-) / o j/ �. % ®\ / \ / « w ewers / _ _ .k & $ t .» _EE /ow w > / _ 3 °s2 )\/ u / It ± e e % z z = a z \ \ ` k = / 9 \ \ \ a2\ =Z 2 } 0 G ) ® u w e e /\%3 LE 0) > e 2 > 0 (0 / 2 ® ` \\/D \-* ( \ E \ / / \ z 2 / \ Z _ w .e / 2 0 O \ (1.) \ / j / / c = = \\ \ 3 ®\ \ \ \ \ \ a)/ \ E\}« a-)2 \\c 0 0 z / _ ® (0 a) -c _E\ / ƒ \ / e \ \ / a-) Z w e \ \ \ No Natural Areas are Documented within the Project Area NCNHP, Q1 April 2021. Please cnhde.natureserve.or r6 N O N O 0_ N O r6 N E N c 0 r6 c to r6 N a- ) -0 NCO ro 0 O - N W j Q c 00 >o z cri _ � U N a) a) O a) a) w a) a) a Radius of the 0 a) c a) E 0 0 N O c N 0 0 0 c N E G3G4 S3S4 O Observation a) E c O E a) E N Q m v O_ O r r. CD n CD a 9 o 4 _Q .� W _Q cnm s-cn O E O - c 0 V) 0 -c c CD i - CD o O • • > > 4-, 4-, C c — a f6E`6E XO }'E�'E H(D Z U Z U W O O 0 a) 4J a) 0 W 0 0 z 0 Community 2007-10-08 • • r6 4J r6 z w 0 W Endangered r. I O O op I 1958-08-06 Crested Coralroot Hexalectris spicata 0 M Vascular Plant Candidate 2019-10-07 Georgia Aster Symphyotrichum Vascular Plant georgianum E CD c O c c a) E Natural Areas Doc 1 O r6 CD a CD Site Name C4 (Moderate) Reedy Creek Nature Preserve Forest a) c 0 c LE a) c a) E O O n 92 92 QQ N N O) O) (0 (0 E c Mecklenburg County Reedy Creek 0 a () c a) a 0 c 0 U C) _O c N O N Nature Preserve c a) E a) w 0 c ro to c 0 U c J r6 _Q r6 r6 v Government Mecklenburg County a) w a) a) a) 0 a () c a) a 0 c 0 U C) N c N a)a) Government Government a) 4J 0 _c v 0 U CD CD a a cn cn E c CD CD a a O O CD CD 0 0 _C _• C U U O O � � .0 .0 Government c 0 C) _Q c CD 0 CD L) 0 N (7) a NCNHP, Q1 April 2021. Please 0 U 0 0 N 0 M M - 4 T 2' O a 0 Z ▪ U CO Z c 0 0)0 a) a) 7 CO M C 0 0 0 U 0 O CO E 0 0 9 0 LO 0 O CO _cI o • U 73 O 0 0 O Q a) 4 0 C U O co U - co O co • Cll cn O Le 0 0 O O c cn +� a) • 0 • E co w in O � C O O O O O 0 7-0 X E a O O � O 0 0 (e O N T .E - 4 w � CI 71) ncnhde.natureserve.or LO NCNHDE-14677: Hood Road N M Q _ N G 0,1 O d Project Boundary _ Buffered Project Boundary w � N C79L7 NHP Natural Area (NHNA) • Managed Area (MAREA) 0 w a United States Department of the Interior FISH AND WILDLIFE SERVICE Asheville Ecological Services Field Office 160 Zillicoa Street Asheville, NC 28801-1082 Phone: (828) 258-3939 Fax: (828) 258-5330 http://www.fws.gov/nc-es/es/countyfr.html In Reply Refer To: Consultation Code: 04EN1000-2021-SLI-0584 Event Code: 04EN1000-2021-E-01412 Project Name: Hood Rd May 19, 2021 Subject: List of threatened and endangered species that may occur in your proposed project location or may be affected by your proposed project To Whom It May Concern: The attached species list identifies threatened, endangered, proposed and candidate species, as well as proposed and final designated critical habitat, that may occur within the boundary of your proposed project and/or may be affected by your proposed project. Although not required by section 7, many agencies request species lists to start the informal consultation process and begin their fulfillment of the requirements under section 7(c) of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). This list, along with other helpful resources, is also available on the U.S. Fish and Wildlife Service (Service) —Asheville Field Office's (AFO) website: https://www.fws.gov/raleigh/species/ cntylist/nccounties.html. The AFO website list includes "species of concern" — species that could potentially be placed on the federal list of threatened and endangered species in the future. Also available are: Design and Construction Recommendations https://www.fws.gov/asheville/htmls/project review/Recommendations.html • Optimal Survey Times for Federally Listed Plants https://www.fws.gov/nc-es/plant/plant survey.html • Northern long-eared bat Guidance https://www.fws.gov/asheville/htmls/project review/NLEB in WNC.html • Predictive Habitat Model for Aquatic Species https://www.fws.gov/asheville/htmls/Maxent/Maxent.html New information based on updated surveys, changes in the abundance and distribution of species, changed habitat conditions, or other factors could require modifications of these lists. 05/19/2021 Event Code: 04EN1000-2021-E-01412 2 Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act, the accuracy of the species lists should be verified after 90 days. This verification can be completed formally or informally as desired. The Service recommends that verification be completed by visiting the ECOS-IPaC website or the AFO website (the AFO website dates each county list with the day of the most recent update/change) at regular intervals during project planning and implementation for updates to species lists and information. An updated list may be requested through the ECOS-IPaC system by completing the same process used to receive the enclosed list or by going to the AFO website. The purpose of the Act is to provide a means whereby threatened and endangered species and the ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to utilize their authorities to carry out programs for the conservation of threatened and endangered species and to determine whether projects may affect threatened and endangered species and/or designated critical habitat. A Biological Assessment is required for construction projects (or other undertakings having similar physical impacts) that are major Federal actions significantly affecting the quality of the human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2) (c)). For projects other than major construction activities, the Service suggests that a Biological Evaluation similar to a Biological Assessment be prepared to determine whether the project may affect listed or proposed species and/or designated or proposed critical habitat. Recommended contents of a Biological Assessment are described at 50 CFR 402.12 and on our office's website at https://www.fws.gov/asheville/htmis/project review/assessment guidance.html. If a Federal agency (or their non-federal representative) determines, based on the Biological Assessment or Biological Evaluation, that listed species and/or designated critical habitat may be affected by the proposed project, the agency is required to consult with the Service pursuant to 50 CFR 402. In addition, the Service recommends that candidate species, proposed species, and proposed critical habitat be addressed within the consultation. More information on the regulations and procedures for section 7 consultation, including the role of permit or license applicants, can be found in the "Endangered Species Consultation Handbook" at: http:// www.fws.gov/endangered/esa-library/pdf/TOC-GLOS.PDF. Though the bald eagle is no longer protected under the Endangered Species Act, please be aware that bald and golden eagles are protected under the Bald and Golden Eagle Protection Act (16 U.S.C. 668 et seq.), and projects affecting these species may require additional consultation (see hops://www.fws.gov/southeast/our-services/permits/eagles/). Wind energy projects should follow the wind energy guidelines (http://www.fws.gov/windenergy/) for minimizing impacts to migratory birds (including bald and golden eagles) and bats. Guidance for minimizing impacts to migratory birds for projects including communications towers (e.g., cellular, digital television, radio, and emergency broadcast) can be found at: http:// www. fws. gov/migratorybirds/CurrentBirdlssues/Hazards/towers/towers. htm; http://www.towerkill.com; and http://www.fws.gov/migratorybirds/CurrentBirdlssues/Hazards/ towers/comtow.html. 05/19/2021 Event Code: 04EN1000-2021-E-01412 3 We appreciate your concern for threatened and endangered species. The Service encourages Federal agencies to include conservation of threatened and endangered species into their project planning to further the purposes of the Act. Please include the Consultation Tracking Number in the header of this letter with any request for consultation or correspondence about your project that you submit to our office. Attachment(s): • Official Species List • Migratory Birds • Wetlands 05/19/2021 Event Code: 04EN1000-2021-E-01412 1 Official Species List This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the requirement for Federal agencies to "request of the Secretary of the Interior information whether any species which is listed or proposed to be listed may be present in the area of a proposed action". This species list is provided by: Asheville Ecological Services Field Office 160 Zillicoa Street Asheville, NC 28801-1082 (828) 258-3939 05/19/2021 Event Code: 04EN1000-2021-E-01412 2 Project Summary Consultation Code: 04EN1000-2021-SLI-0584 Event Code: 04EN1000-2021-E-01412 Project Name: Hood Rd Project Type: DEVELOPMENT Project Description: Proposed development Project Location: Approximate location of the project can be viewed in Google Maps: https:// www.google.com/maps/@35.2527265,-80.69257415277875,14z Counties: Mecklenburg County, North Carolina 05/19/2021 Event Code: 04EN1000-2021-E-01412 3 Endangered Species Act Species There is a total of 5 threatened, endangered, or candidate species on this species list. Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species. IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA Fisheriesl, as USFWS does not have the authority to speak on behalf of NOAA and the Department of Commerce. See the "Critical habitats" section below for those critical habitats that lie wholly or partially within your project area under this office's jurisdiction. Please contact the designated FWS office if you have questions. 1. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce. Mammals NAME Northern Long-eared Bat Myotis septentrionalis No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/9045 Clams NAME STATUS Threatened STATUS Carolina Heelsplitter Lasmigona decorata There is final critical habitat for this species. The location of the critical habitat is not available. Species profile: https://ecos.fws.gov/ecp/species/3534 Flowering Plants NAME Endangered STATUS Michaux's Sumac Rhus michauxii No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/5217 Schweinitz's Sunflower Helianthus schweinitzii No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/3849 Smooth Coneflower Echinacea laevigata No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/3473 Endangered Endangered Endangered 05/19/2021 Event Code: 04EN1000-2021-E-01412 4 Critical habitats THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. 05/19/2021 Event Code: 04EN1000-2021-E-01412 Migratory Birds Certain birds are protected under the Migratory Bird Treaty Act1 and the Bald and Golden Eagle Protection Actz. Any person or organization who plans or conducts activities that may result in impacts to migratory birds, eagles, and their habitats should follow appropriate regulations and consider implementing appropriate conservation measures, as described below. 1. The Migratory Birds Treaty Act of 1918. 2. The Bald and Golden Eagle Protection Act of 1940. 3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a) The birds listed below are birds of particular concern either because they occur on the USFWS Birds of Conservation Concern (BCC) list or warrant special attention in your project location. To learn more about the levels of concern for birds on your list and how this list is generated, see the FAQ below. This is not a list of every bird you may find in this location, nor a guarantee that every bird on this list will be found in your project area. To see exact locations of where birders and the general public have sighted birds in and around your project area, visit the E-bird data mapping tool (Tip: enter your location, desired date range and a species on your list). For projects that occur off the Atlantic Coast, additional maps and models detailing the relative occurrence and abundance of bird species on your list are available. Links to additional information about Atlantic Coast birds, and other important information about your migratory bird list, including how to properly interpret and use your migratory bird report, can be found below. For guidance on when to schedule activities or implement avoidance and minimization measures to reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE SUMMARY at the top of your list to see when these birds are most likely to be present and breeding in your project area. NAME BREEDING SEASON Bald Eagle Haliaeetus leucocephalus This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. https://ecos.fws.gov/ecp/species/1626 Blue -winged Warbler Vermivora pinus This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions (BCRs) in the continental USA Breeds Sep 1 to Jul 31 Breeds May 1 to Jun 30 05/19/2021 Event Code: 04EN1000-2021-E-01412 2 NAME Cerulean Warbler Dendroica cerulea This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. https://ecos.fws. gov/ecp/species/2974 Kentucky Warbler Oporornis formosus This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Prairie Warbler Dendroica discolor This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Prothonotary Warbler Protonotaria citrea This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Red-headed Woodpecker Melanerpes erythrocephalus This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Rusty Blackbird Euphagus carolinus This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Wood Thrush Hylocichla mustelina This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. BREEDING SEASON Breeds Apr 28 to Jul 20 Breeds Apr 20 to Aug 20 Breeds May 1 to Jul 31 Breeds Apr 1 to Jul 31 Breeds May 10 to Sep 10 Breeds elsewhere Breeds May 10 to Aug 31 Probability Of Presence Summary The graphs below provide our best understanding of when birds of concern are most likely to be present in your project area. This information can be used to tailor and schedule your project activities to avoid or minimize impacts to birds. Please make sure you read and understand the FAQ "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting to interpret this report. Probability of Presence (■) Each green bar represents the bird's relative probability of presence in the 10km grid cell(s) your project overlaps during a particular week of the year. (A year is represented as 12 4-week months.) A taller bar indicates a higher probability of species presence. The survey effort (see below) can be used to establish a level of confidence in the presence score. One can have higher confidence in the presence score if the corresponding survey effort is also high. How is the probability of presence score calculated? The calculation is done in three steps: 1. The probability of presence for each week is calculated as the number of survey events in the week where the species was detected divided by the total number of survey events for that week. For example, if in week 12 there were 20 survey events and the Spotted Towhee 05/19/2021 Event Code: 04EN1000-2021-E-01412 was found in 5 of them, the probability of presence of the Spotted Towhee in week 12 is 0.25. 2. To properly present the pattern of presence across the year, the relative probability of presence is calculated. This is the probability of presence divided by the maximum probability of presence across all weeks. For example, imagine the probability of presence in week 20 for the Spotted Towhee is 0.05, and that the probability of presence at week 12 (0.25) is the maximum of any week of the year. The relative probability of presence on week 12 is 0.25/0.25 = 1; at week 20 it is 0.05/0.25 = 0.2. 3. The relative probability of presence calculated in the previous step undergoes a statistical conversion so that all possible values fall between 0 and 10, inclusive. This is the probability of presence score. Breeding Season ( ) Yellow bars denote a very liberal estimate of the time -frame inside which the bird breeds across its entire range. If there are no yellow bars shown for a bird, it does not breed in your project area. Survey Effort (I) Vertical black lines superimposed on probability of presence bars indicate the number of surveys performed for that species in the 10km grid cell(s) your project area overlaps. The number of surveys is expressed as a range, for example, 33 to 64 surveys. No Data (—) A week is marked as having no data if there were no survey events for that week. Survey Timeframe Surveys from only the last 10 years are used in order to ensure delivery of currently relevant information. The exception to this is areas off the Atlantic coast, where bird returns are based on all years of available data, since data in these areas is currently much more sparse. — probability of presence breeding season 1 survey effort — no data SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Bald Eagle Non -BCC Vulnerable Blue -winged Warbler BCC - BCR Cerulean Warbler BCC Rangewide (CON) Kentucky Warbler ..•• ssr rsss iiii 1111 1111 1111 + +++ ++++ ++++ ++01 I I ' I ' 11 ---+ ++++ +"+ ++++ ++-+ +++- + +++ ++++ ++++ ++II 1111 sill III+ ++++ ++++ ++++ -1--I- --I- +++- ++++ ++++ ++++ ++i 1111111111111111+ ++++ ++++ ++-+ +++- 05/19/2021 Event Code: 04EN1000-2021-E-01412 4 BCC Rangewide (CON) Prairie Warbler BCC Rangewide (CON) Prothonotary Warbler BCC Rangewide (CON) Red-headed Woodpecker BCC Rangewide (CON) Rusty Blackbird BCC Rangewide (CON) Wood Thrush BCC Rangewide (CON) ++++ ++++ ++++ ++1+ 1111 1111 ii:' ++++ ++++ ++++ ++++ ++++ ++++ 1111 1111 1111 I11.1 ++- --'- 4±k±±±± 1111 1111 11"++++ ++++ +II+ ++1+ $+++ ++++ ++-- ---+ ++++ ++++ ++++ +„i all Al ++++ ++++ ++++ 1111 IIFy. ±--, ++—+ +++— Additional information can be found using the following links: • Birds of Conservation Concern http://www.fws.gov/birds/management/managed-species/ birds-of-conservation-concern.php • Measures for avoiding and minimizing impacts to birds http://www.fws.gov/birds/ management/project-assessment-tools-and-guidance/ conservation-measures.php • Nationwide conservation measures for birds http://www.fws.gov/migratorybirds/pdf/ management/nationwidestandardconservationmeasures.pdf Migratory Birds FAQ Tell me more about conservation measures I can implement to avoid or minimize impacts to migratory birds. Nationwide Conservation Measures describes measures that can help avoid and minimize impacts to all birds at any location year round. Implementation of these measures is particularly important when birds are most likely to occur in the project area. When birds may be breeding in the area, identifying the locations of any active nests and avoiding their destruction is a very helpful impact minimization measure. To see when birds are most likely to occur and be breeding in your project area, view the Probability of Presence Summary. Additional measures or permits may be advisable depending on the type of activity you are conducting and the type of infrastructure or bird species present on your project site. What does IPaC use to generate the migratory birds potentially occurring in my specified location? The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern (BCC) and other species that may warrant special attention in your project location. 05/19/2021 Event Code: 04EN1000-2021-E-01412 5 The migratory bird list generated for your project is derived from data provided by the Avian Knowledge Network (AKN). The AKN data is based on a growing collection of survey, banding, and citizen science datasets and is queried and filtered to return a list of those birds reported as occurring in the 10km grid cell(s) which your project intersects, and that have been identified as warranting special attention because they are a BCC species in that area, an eagle (Eagle Act requirements may apply), or a species that has a particular vulnerability to offshore activities or development. Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your project area. It is not representative of all birds that may occur in your project area. To get a list of all birds potentially present in your project area, please visit the AKN Phenology Tool. What does IPaC use to generate the probability of presence graphs for the migratory birds potentially occurring in my specified location? The probability of presence graphs associated with your migratory bird list are based on data provided by the Avian Knowledge Network (AKN). This data is derived from a growing collection of survey, banding, and citizen science datasets . Probability of presence data is continuously being updated as new and better information becomes available. To learn more about how the probability of presence graphs are produced and how to interpret them, go the Probability of Presence Summary and then click on the "Tell me about these graphs" link. How do I know if a bird is breeding, wintering, migrating or present year-round in my project area? To see what part of a particular bird's range your project area falls within (i.e. breeding, wintering, migrating or year-round), you may refer to the following resources: The Cornell Lab of Ornithology All About Birds Bird Guide, or (if you are unsuccessful in locating the bird of interest there), the Cornell Lab of Ornithology Neotropical Birds guide. If a bird on your migratory bird species list has a breeding season associated with it, if that bird does occur in your project area, there may be nests present at some point within the timeframe specified. If "Breeds elsewhere" is indicated, then the bird likely does not breed in your project area. What are the levels of concern for migratory birds? Migratory birds delivered through IPaC fall into the following distinct categories of concern: 1. "BCC Rangewide" birds are Birds of Conservation Concern (BCC) that are of concern throughout their range anywhere within the USA (including Hawaii, the Pacific Islands, Puerto Rico, and the Virgin Islands); 2. "BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation Regions (BCRs) in the continental USA; and 3. "Non -BCC - Vulnerable" birds are not BCC species in your project area, but appear on your list either because of the Eagle Act requirements (for eagles) or (for non -eagles) potential susceptibilities in offshore areas from certain types of development or activities (e.g. offshore energy development or longline fishing). 05/19/2021 Event Code: 04EN1000-2021-E-01412 6 Although it is important to try to avoid and minimize impacts to all birds, efforts should be made, in particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC species of rangewide concern. For more information on conservation measures you can implement to help avoid and minimize migratory bird impacts and requirements for eagles, please see the FAQs for these topics. Details about birds that are potentially affected by offshore projects For additional details about the relative occurrence and abundance of both individual bird species and groups of bird species within your project area off the Atlantic Coast, please visit the Northeast Ocean Data Portal. The Portal also offers data and information about other taxa besides birds that may be helpful to you in your project review. Alternately, you may download the bird model results files underlying the portal maps through the NOAA NCCOS Integrative Statistical Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic Outer Continental Shelf project webpage. Bird tracking data can also provide additional details about occurrence and habitat use throughout the year, including migration. Models relying on survey data may not include this information. For additional information on marine bird tracking data, see the Diving Bird Study and the nanotag studies or contact Caleb Spiegel or Pam Loring. What if I have eagles on my list? If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid violating the Eagle Act should such impacts occur. Proper Interpretation and Use of Your Migratory Bird Report The migratory bird list generated is not a list of all birds in your project area, only a subset of birds of priority concern. To learn more about how your list is generated, and see options for identifying what other birds may be in your project area, please see the FAQ "What does IPaC use to generate the migratory birds potentially occurring in my specified location". Please be aware this report provides the "probability of presence" of birds within the 10 km grid cell(s) that overlap your project; not your exact project footprint. On the graphs provided, please also look carefully at the survey effort (indicated by the black vertical bar) and for the existence of the "no data" indicator (a red horizontal bar). A high survey effort is the key component. If the survey effort is high, then the probability of presence score can be viewed as more dependable. In contrast, a low survey effort bar or no data bar means a lack of data and, therefore, a lack of certainty about presence of the species. This list is not perfect; it is simply a starting point for identifying what birds of concern have the potential to be in your project area, when they might be there, and if they might be breeding (which means nests might be present). The list helps you know what to look for to confirm presence, and helps guide you in knowing when to implement conservation measures to avoid or minimize potential impacts from your project activities, should presence be confirmed. To learn more about conservation measures, visit the FAQ "Tell me about conservation measures I can implement to avoid or minimize impacts to migratory birds" at the bottom of your migratory bird trust resources page. 05/19/2021 Event Code: 04EN1000-2021-E-01412 Wetlands Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under Section 404 of the Clean Water Act, or other State/Federal statutes. For more information please contact the Regulatory Program of the local U.S. Army Corps of Engineers District. Please note that the NWI data being shown may be out of date. We are currently working to update our NWI data set. We recommend you verify these results with a site visit to determine the actual extent of wetlands on site. RIVERINE • R2UBHx • R4SBC United States Department of the Interior FISH AND WILDLIFE SERVICE Asheville Ecological Services Field Office 160 Zillicoa Street Asheville, NC 28801-1082 Phone: (828) 258-3939 Fax: (828) 258-5330 http://www.fws.gov/nc-es/es/countyfr.html IPaC Record Locator: 312-102405687 May 25, 2021 Subject: Consistency letter for the 'Hood Rd' project indicating that any take of the northern long-eared bat that may occur as a result of the Action is not prohibited under the ESA Section 4(d) rule adopted for this species at 50 CFR §17.40(o). Dear Lisa Long: The U.S. Fish and Wildlife Service (Service) received on May 25, 2021 your effects determination for the 'Hood Rd' (the Action) using the northern long-eared bat (Myotis septentrionalis) key within the Information for Planning and Consultation (IPaC) system. You indicated that no Federal agencies are involved in funding or authorizing this Action. This IPaC key assists users in determining whether a non -Federal action may cause "take"111 of the northern long-eared bat that is prohibited under the Endangered Species Act of 1973 (ESA) (87 Stat.884, as amended; 16 U.S.C. 1531 et seq.). Based upon your IPaC submission, any take of the northern long-eared bat that may occur as a result of the Action is not prohibited under the ESA Section 4(d) rule adopted for this species at 50 CFR §17.40(0). Unless the Service advises you within 30 days of the date of this letter that your IPaC-assisted determination was incorrect, this letter verifies that the Action is not likely to result in unauthorized take of the northern long-eared bat. Please report to our office any changes to the information about the Action that you entered into IPaC, the results of any bat surveys conducted in the Action area, and any dead, injured, or sick northern long-eared bats that are found during Action implementation. If your Action proceeds as described and no additional information about the Action's effects on species protected under the ESA becomes available, no further coordination with the Service is required with respect to the northern long-eared bat. The IPaC-assisted determination for the northern long-eared bat does not apply to the following ESA -protected species that also may occur in your Action area: • Carolina Heelsplitter Lasmigona decorata Endangered • Michaux's Sumac Rhus michauxii Endangered • Schweinitz's Sunflower Helianthus schweinitzii Endangered 05/25/2021 IPaC Record Locator: 312-102405687 2 • Smooth Coneflower Echinacea laevigata Endangered You may coordinate with our Office to determine whether the Action may cause prohibited take of the animal species listed above. [1]Take means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct [ESA Section 3(19)]. 05/25/2021 IPaC Record Locator: 312-102405687 3 Action Description You provided to IPaC the following name and description for the subject Action. 1. Name Hood Rd 2. Description The following description was provided for the project 'Hood Rd': Proposed development Approximate location of the project can be viewed in Google Maps: https://www.google.com/ maps/@35.2527265,-80.69257415277875,14z Determination Key Result This non -Federal Action may affect the northern long-eared bat; however, any take of this species that may occur incidental to this Action is not prohibited under the final 4(d) rule at 50 CFR §17.40(o). Determination Key Description: Northern Long-eared Bat 4(d) Rule This key was last updated in IPaC on May 15, 2017. Keys are subject to periodic revision. This key is intended for actions that may affect the threatened northern long-eared bat. The purpose of the key for non -Federal actions is to assist determinations as to whether proposed actions are excepted from take prohibitions under the northern long-eared bat 4(d) rule. If a non -Federal action may cause prohibited take of northern long-eared bats or other ESA -listed animal species, we recommend that you coordinate with the Service. 05/25/2021 IPaC Record Locator: 312-102405687 4 Determination Key Result Based upon your IPaC submission, any take of the northern long-eared bat that may occur as a result of the Action is not prohibited under the ESA Section 4(d) rule adopted for this species at 50 CFR §17.40(o). Qualification Interview 1. 2. 3. Is the action authorized, funded, or being carried out by a Federal agency? No Will your activity purposefully Take northern long-eared bats? No [Semantic] Is the project action area located wholly outside the White -nose Syndrome Zone? Automatically answered No 4. Have you contacted the appropriate agency to determine if your project is near a known hibernaculum or maternity roost tree? Location information for northern long-eared bat hibernacula is generally kept in state Natural Heritage Inventory databases — the availability of this data varies state -by -state. Many states provide online access to their data, either directly by providing maps or by providing the opportunity to make a data request. In some cases, to protect those resources, access to the information may be limited. A web page with links to state Natural Heritage Inventory databases and other sources of information on the locations of northern long- eared bat roost trees and hibernacula is available at www.fws.gov/midwest/endangered/ mammals/nleb/nhisites.html. Yes 5. Will the action affect a cave or mine where northern long-eared bats are known to hibernate (i.e., hibernaculum) or could it alter the entrance or the environment (physical or other alteration) of a hibernaculum? No 6. Will the action involve Tree Removal? Yes 7. Will the action only remove hazardous trees for the protection of human life or property? No 8. Will the action remove trees within 0.25 miles of a known northern long-eared bat hibernaculum at any time of year? No 05/25/2021 IPaC Record Locator: 312-102405687 5 9. Will the action remove a known occupied northern long-eared bat maternity roost tree or any trees within 150 feet of a known occupied maternity roost tree from June 1 through July 31? No 05/25/2021 IPaC Record Locator: 312-102405687 Project Questionnaire If the project includes forest conversion, report the appropriate acreages below. Otherwise, type '0' in questions 1-3. 1. Estimated total acres of forest conversion: 10 2. If known, estimated acres of forest conversion from April 1 to October 31 0 3. If known, estimated acres of forest conversion from June 1 to July 31 0 If the project includes timber harvest, report the appropriate acreages below. Otherwise, type '0' in questions 4-6. 4. Estimated total acres of timber harvest 0 5. If known, estimated acres of timber harvest from April 1 to October 31 0 6. If known, estimated acres of timber harvest from June 1 to July 31 0 If the project includes prescribed fire, report the appropriate acreages below. Otherwise, type '0' in questions 7-9. 7. Estimated total acres of prescribed fire 0 8. If known, estimated acres of prescribed fire from April 1 to October 31 0 9. If known, estimated acres of prescribed fire from June 1 to July 31 0 If the project includes new wind turbines, report the megawatts of wind capacity below. Otherwise, type '0' in question 10. 10. What is the estimated wind capacity (in megawatts) of the new turbine(s)? 0