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HomeMy WebLinkAbout20210775 Ver 1_ePCN Application_20210713DWR Dlrlslon 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 r No Is this project a public transportation project?* r Yes r No Change only if needed. BIMS # Assigned 20210775 Is a payment required for this project?* r No payment required r Fee received r Fee needed - send electronic notification Reviewing Office* Mooresville Regional Office - (704) 663-1699 'Information for Initial Review la. Name of project: Weddington Glen la. Who is the Primary Contact?* Heath Caldwell 1b. Primary Contact Email:* heath.caldvvell@\&etlands-epg.com Date Submitted 7/13/2021 Nearest Body of Water Six -Mile Creek Basin Catawba Water Classification C Site Coordinates Latitude: Longitude: 35.0333-80.7453 A. Processing Information County (or Counties) where the project is located: Union Is this a NCDMS Project r Yes r No Is this project a public transportation project?* r Yes r No Pre -Filing Meeting Information Version#* 1 What amout is owed?* IT $240.00 r" $570.00 Select Project Reviewer* Alan Johnson:eads\adjohnson1 1c. Primary Contact Phone:* (704)999-5279 Is this a courtesy copy notification?* r Yes r No ID# Version 1 Pre -fling Meeting or Request Date 4/14/2021 Attach documentation of Pre -Filing Meeting Request here: nick the upload button or drag and drop files here to attach document DWR Pre -Filing Meeting Request Form (26).pdf File type mast be FCF 1a. Type(s) of approval sought from the Corps: V Section 404 Permit (wetlands, streams and waters, Clean Water Act) r Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) Has this PCN previously been submitted?* r Yes r No 1b. What type(s) of permit(s) do you wish to seek authorization? W Nationwide Permit (NWP) r Regional General Permit (RGP) r Standard (IP) 1c. Has the NWP or GP number been verified by the Corps? r Yes r No Nationwide Permit (NWP) Number: NWP Numbers (for multiple NWPS): 1d. Type(s) of approval sought from the DWR: fJ 401 Water Quality Certification - Regular r Non-404 Jurisdictional General Permit r Individual 401 Water Quality Certification 29 - Residential Developments 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: 51.05 KB r 401 Water Quality Certification - E>q)ress r Riparian Buffer Authorization 1f. Is this an after -the -fact permit application?* r Yes r No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? r Yes r No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? r Yes r No 1h. Is the project located in any of NC's twenty coastal counties? r Yes r No 1j. Is the project located in a designated trout watershed? r Yes r No B. Applicant Information 1d. Who is applying for the permit? r Owner fJ Applicant (other than owner) le. Is there an Agent/Consultant for this project?* r Yes r No 2. Owner Information 2a. Name(s) on recorded deed: JBH Development LLC 2b. Deed book and page no.: r Yes r No r Yes r No 2c.Contact Person: J.Bart Hopper 2d.Address Street Address 1616 Cleveland Avenue Address Une 2 City Charlotte Postal / Zip Code 28203 2e. Telephone Number: (704)999-5279 2g. Email Address:* heath.caldvvell@voetiands-epg.com 2a. Name(s) on recorded deed: Gerald & Martha Orr 2b. Deed book and page no 2c.Contact Person: 2d.Address Street Address 125 Lauren Drive Address Line 2 City Indian Trail Postal / Zip Code 28079 2e. Telephone Number: (704)999-5279 2g. Email Address:* heath.Gaidwell@wetiands-epg.com 2a. Name(s) on recorded deed: Trustee for the 011ie Manus Trust 2b. Deed book and page no 2c.Contact Person: Sandra Tudor 2d.Address Street Address 4200 Satterwythe Lane Address Line 2 City Charlotte Postal / Zip Cate 28215 2e. Telephone Number: (704)999-5279 2g. Email Address:* heath. caldwell@wetla nds-e pg.com 3. Applicant Information (if different from owner) 3a. Name: Mark Carpenter 3b. Business Name: CH Land Company LLC 3c.Address Slate / province / Fbgion NC Country USA 2f. Fax Number: State / Rovince / Pegion NC Country USA 2f. Fax Number: State / province / Region NC Country USA 2f. Fax Number: Street Address 6412 Bennington ROad Address tine 2 City State / Ravine / Rion Charlotte NC Postal / Zip Code Country 28226 USA 3d. Telephone Number: 3e. Fax Number: (704)999-5279 3f. Email Address:* amber. lipsky@wetla nd s-e pg. com 4. Agent/Consultant (if applicable) 4a. Name: Heath Caldwell 4b. Business Name: Wetlands & Environmental Planning Group 4c.Address Street Address 10612-D Providence Road Address tine 2 City Slate / Rwince / Pagion Charlotte NC Postal / Zip Code Country 28277 USA 4d. Telephone Number: 4e. Fax Number: (704)999-5279 4f. Email Address:* heath.caldwell@wetlands-epg.com C. Project Information and Prior Project History U 1. Project Information 1b. Subdivision name: (if appropriate) 1c. Nearest municipality/ town Waddington 2. Project ctct Identification 2a. Property Identification Number: 2b. Property size: 06120003,061200026,06123012 48.8 2c. Project Address Street Address Address tine 2 City Postal / Zip Code 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* Six -Mile Creek 3b. Water Resources Classification of nearest receiving water:* C 3c. What river basin(s) is your project located in?* Catawba 3d. Please provide the 12-digit HUC in which the project is located. 030501030203 State / Rwince / legion Country 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 it located just south of Hemby Road, and just west of Weddington-Matthews Road in Union County, NC. The site is a mosaic of cropland, disturbed forest cover, fencerows, and residential property. The topography is gently to moderately sloped with the elevation ranging from 690 to 730 ft. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?* r Yes r No r Unknown 4f. List the total estimated acreage of all existing wetlands on the property: 1.229 4g. List the total estimated linear feet of all existing streams on the property: 2558 4h. Explain the purpose of the proposed project:* Involves impacts to one wetland and one stream for road crossings. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* Fill and grading of the site wall 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?* r Yes r No t' Unknown Comments: 5b. If the Corps made a jurisdictional determination, what type of determination was made?* r Preliminary r Approved r Not Verified r Unknown r N/A Corps AID Number: SAW-2021-00764 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Nic Nelson Agency/Consultant Company: WEPG Other: 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR This site was verified by B. Roden -Reynolds (USAGE) on 4/13/21. A copy of the signed JD approval is included in the Approvals section. Please see the JD section for updates to the project area and aquatic resource measurements. 6. Future Project Plans 6a. Is this a phased project?* r Yes r No Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity? D. Proposed Impacts Inventory 1. Impacts Summary 1a. Where are the impacts associated with your project? (check all that apply): W Wetlands W Streams -tributaries r Buffers r Open Waters r Pond Construction 2. Wetland Impacts a. Site #* (?) 2af Reason M 2b. Impact type * (?) 2c. Type of W.* 2d. W. name * 2e. Forested * 2f. Type of _112g. Impact Jurisdicition*M area* VV1 Road Crossing P ffo mland Hardwood Forest Wetland D Yes Corps 0.057 JIJ (acres) 2g. Total Temporary Wetland Impact 0.000 2g. Total Wetland Impact 0.057 21. Comments: Road crossing at Wetland D 2g. Total Permanent Wetland Impact 0.057 3. Stream Impacts ❑ 3a. Reason for impact (?) 3b.lmpact type * 3c. Type of impact* ��nam. * 3e. Streampe * Ty3f. Type of 3g. S. width * 3h. Impact 1 (?) Jurisdiction* length* S1 Road Crossing 9 Permanent Culvert Non -Wetland Waters BB Intermittent Corps P 6 Average (feet) 87 (linearfeet) S2 No -loss impact P Permanent Stabilization Non -Wetland Waters BB Intermittent Corps P 8 Average (feet) 14 (lir�rfeet) 31. Total jurisdictional ditch impact in square feet: 3i. Total permanent stream impacts: 101 31. Total stream and ditch impacts: 101 3i. Total temporary stream impacts: 3j. Comments: S1- Road crossing S2- No -loss impact. Upstreamdownstream riprap will be placed at preconstruction streambed elevations. E. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. 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 common open space, by boring the utility connection, and by avoiding 96 % of onsite streams and 95 % of onsite wetlands. 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. Where possible, 2:1 slopes and the maximum allowable headwalls will be used to minimize crossing impacts. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? r Yes r No 2c. If yes, mitigation is required by (check all that apply): r DWR W Corps 2d. If yes, which mitigation option(s) will be used for this project? r Mitigation bank W Payment to in -lieu fee r Permittee Responsible program Mitigation 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. r Yes r No 4b. Stream mitigation requested: (linear feet) 101.2 4d. Buffer mitigation requested (DWR only): (square feet) 4f. Non -riparian wetland mitigation requested: (acres) 4h. Comments 4c. If using stream mitigation, what is the stream temperature: 4e. Riparian wetland mitigation requested: (acres) 0.058 4g. Coastal (tidal) wetland mitigation requested: (acres) We propose a 1.5:1 ratio for impacts to Stream BB. A 2:1 ratio is proposed wetland impacts. F. Stormwater Management and Diffuse Flow Plan (required by DWR) u 1. Diffuse Flow Plan 1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? r Yes r No If no, explain why: 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?* r Yes r No 2b. Does this project meet the requirements for low density projects as defined in 15ANCAC 02H .1003(2)? r Yes r 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? r Yes r No r N/A - project disturbs < 1 acre 2d. Which of the following stormwater management program(s) apply: W Local Government F State Local Government Stormwater Programs W Phase II r NSW r USMP r Water Supply Please identify which local government stormwater program you are using. Union County Comments: Storm water on the site will be handled by facilities shown on the attached plans. The stormwater plan has not yet been submitted to Union County 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?* r Yes r No 2. Violations (DWR Requirement) 2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15A NCAC 2B .0200)? * r Yes r No 3. Cumulative Impacts (DWR Requirement) 3a. Will this project result in additional development, which could impact nearby downstream water quality?* r Yes r No 3b. If you answered "no," provide a short narrative description. No additional phases are proposed. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* r Yes r Nor NIA 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 site will be transported to the nearest treatment facility via sewer lines. 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or habitat?* r Yes r No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* r Yes r No 5c. If yes, indicate the USFWS Field Office you have contacted. Asheville 5d. Is another Federal agency involved?* r Yes r No 5e. Is this a DOT project located within Division's 1-8? r Yes r No r Unknown 5f. Will you cut any trees in order to conduct the work in waters of the U.S.? r Yes r No 5g. Does this project involve bridge maintenance or removal? r Yes r No 5h. Does this project involve the construction/installation of a wind turbine(s)?* r Yes r No Si. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.? r Yes r No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? A threatened and endangered species assessment was conducted in which no species were identified. Habitat may occur for the Northern long-eared bat but the project is except as described in the attached T&E report. A report has been submitted to FWS for concurrence. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?* r Yes f• No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?* No essential fish habitat in this region. 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?* r Yes r No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* SHPO's website: https://nc.maps.arogis.com/ There are no NRHP-listed properties or other historic resources recorded in the project area. Please refer to the attached Cultural Resources Report. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-yearfloodplain?* r Yes r No 8c. What source(s) did you use to make the floodplain determination?* www.fema.gov hftp://gis-web.unioncountync.gov/goniaps/# 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. dick the upload button or drag and drop files here to attach document Weddington Glen PCN SUBMITTED.pdf 12.27MB Fie mist be FCF or tM2 Comments A full, complete PCN package is attached. Signature V By checking the box and signing below, I certify that: • The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief; and • The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. • I have given true, accurate, and complete information on this form; I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); • I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); • I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND • I intend to electronically sign and submit the PCN form. Full Name: Heath Caldwell Signature Date 7/13/2021 WEPG Preliminary ORM Data Entry Fields for New Actions Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. SAW — 2020 - 00764 BEGIN DATE [Received Date]: Prepare file folder ❑ 1. Project Name [PCN Form A2a]: Weddington Glen 2. Work Type: Private Fv_1 Institutional ❑ 3. Project Description / Purpose [PCN Form 133d and 133e]: PCN request for residential development Assign Action ID Number in ORM ❑ Government ❑ Commercial ❑ 4. Property Owner / Applicant [PCN Form A3 or A4]: CH Land (Applicant) 5. Agent / Consultant [PCN Form A5 —or ORM Consultant ID Number]: WEPG, PLLC c/o Heath Caldwell 6. Related Action ID Number(s) [PCN Form 135b]: 7. Project Location - Coordinates, Street Address, and/or Location Description [PCN Form 131b]: 35.0333,-80.7453 Weddington Matthews Road and Hemby Road 8. Project Location -Tax Parcel ID [PCN Form 131a]: 06120003, 06120002B, 06123012 9. Project Location —County [PCN Form A2b]: Union 10. Project Location —Nearest Municipality or Town [PCN Form A2c]: Weddington 11. Project Information— Nearest Waterbody [PCN Form B2a]: Sixmlle Creek 12. watershed / 8-Digit Hydrologic Unit Code [PCN Form B2c]:Catawba (03050103) Authorization: Section 10 ❑ Section 404 �✓ Section 10 & 404 ❑ Regulatory Action Type: ❑ Standard Permit U Nationwide Permit # 29 ❑ Regional General Permit # Jurisdictional Determination Request ❑Pre -Application Request Unauthorized Activity ❑ Compliance ❑ No Permit Required Oa ks]111141L160% Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. July 13, 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 Mr. Paul Wcjoski NCDEQ Division of Water Resources Wetlands & Storm Water Branch 512 North Salisbury Street Raleigh, NC 27604 Mr. Byron Hamstead U.S. Fish and Wildlife Service Asheville Field Office 160 Zillicoa St. Asheville, NC 28801 Subiect: SAW-2021-00764; Pre -Construction Notification for NWP #29 for the Weddington Glen site in Weddington, Union County, North Carolina Messrs. Roden -Reynolds, Johnson, Wcjoski, and Hamstead, Enclosed is a request for Nationwide Permit 929 for the Weddington Glen site on 48.8 acres south of Hemby Road near its intersection with Weddington-Matthews Road in Weddington, NC. The site is a proposed residential development and consists of four streams and five wetlands. A Preliminary Jurisdictional Determination Request was authorized on April 13, 2021. Please refer to the Jurisdictional Determination Information sections for information on onsite surface waters. As shown on the attached exhibits, the proposed project will include permanent impacts to one stream and one wetland for road crossings. Overall impacts to site surface waters associated with the proposed development were limited through site location selection, design, and the Charlotte Office: 10612-D Providence Rd. PMB 550 Charlotte, NC 28277 (704)904-2277 len. ri ndner@wetlands-epg.com www.wetiands-epg.com Asheville Office: 1070 Tunnel Rd., Bldg. I Suite 10, PM 283 Asheville, NC 28805 Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. location/orientation of the proposed lots and access routes. It was not possible to minimize impacts further due to site layout and connectivity requirements. Total permanent impacts proposed include 101.2 linear feet to Stream BB and 0.0576 acres of Wetland D for road crossing access. Please refer to the Avoidance and Minimization narrative for additional information. The applicant has demonstrated substantial avoidance and minimization efforts in which 96% of the 2,558 linear feet of onsite streams and 95% of the 1.229 acres of onsite wetlands will be avoided. To compensate for the anticipated permanent impacts to onsite wetlands, the applicant is proposing payment to the North Carolina Division of Mitigation Services In -Lieu Fee Program at a 2:1 ratio. A ratio of 1.5:1 is proposed for Stream BB due to the degree of degradation and compromised buffers. Please reference the NCSAM section for additional details. Also enclosed is a copy of our Threatened/Endangered Species Evaluation for the site. No listed species were identified within the project area and we believe that there will be no effect on listed species, or their critical habitat as designated under Section 7 of the Endangered Species Act. 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 if you have any questions, (704) 999-5279 or email at heath. caldwellgwetlands-epg com. Sincerely, Heath Caldwell Len Rindner, PWS Environmental Scientist Principal Charlotte Office: 10612-D Providence Rd. PMB 550 Charlotte, NC 28277 (704)904-2277 len. ri ndner@wetlands-epg.com www.wetiands-epg.com Asheville Office: 1070 Tunnel Rd., Bldg. I Suite 10, PM 283 Asheville, NC 28805 C O V d d Q L. N CL Permit Application w A rE�QG T. 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 1 a. Type(s) of approval sought from the Corps: ❑X Section 404 Permit ❑ Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: 29 or General Permit (GP) number: 1c. 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): ❑X 401 Water Quality Certification — Regular ❑ Non-404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ❑ Yes ❑X No For the record only for Corps Permit: ❑ 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. ❑X Yes ❑ 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: Weddington Glen 2b. County: Union 2c. Nearest municipality / town: Weddington 2d. Subdivision name: 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: multiple, please see attached parcel map 3b. Deed Book and Page No. 3c. Responsible Party (for LLC if applicable): 3d. Street address: 3e. City, state, zip: 3f. Telephone no.: 3g. Fax no.: 3h. Email address: 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: Mark Carpenter 4c. Business name (if applicable): CH Land Company, LLC 4d. Street address: 6412 Bannington Road 4e. City, state, zip: Charlotte, NC 28226 4f. Telephone no.: (704)562-2988 4g. Fax no.: 4h. Email address: mark.carpenter@chlandcompany.com 5. Agent/Consultant Information (if applicable) 5a. Name: Heath Caldwell 5b. Business name (if applicable): Wetlands & Environmental Planning Group, PLLC 5c. Street address: 10612-D Providence Road, PMB 550 5d. City, state, zip: Charlotte, NC 28277 5e. Telephone no.: (704)999-5279 5f. Fax no.: 5g. Email address: heath.caldweIl@wetlands-epg.com Page 2 of 10 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 06120003, 06120002B, 06123012 1 b. Site coordinates (in decimal degrees): Latitude: 35.0333 Longitude:-80.7453 1c. Property size: 48.8 acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: Six -Mile Creek 2b. Water Quality Classification of nearest receiving water: C 2c. River basin: Catawba/03050103 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 it located just south of Hemby Road, and just west of Weddington-Matthews Road in Union County, NC. The site is a mosaic of cropland, disturbed forest cover, fencerows, and residential property. The topography is gently to moderately sloped with the elevation ranging from 690 to 730 ft. 3b. List the total estimated acreage of all existing wetlands on the property: 1.229 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 2,558 3d. Explain the purpose of the proposed project: Involves impacts to one wetland and one stream for road crossings. 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 priorphases) in thepast? ❑X Yes ❑ No ❑ Unknown Comments: SAW-2021-00764 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): Nic Nelson Agency/Consultant Company: WEPG Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. This site was verified by B. Roden -Reynolds (USAGE) on 4/13/21. A copy of the signed JD approval is included in the Approvals section. Please see the JD section for updates to the project area and aquatic resource measurements. 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 1 a. Which sections were completed below for your project (check all that apply): ❑X Wetlands ❑X Streams —tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. Wetland impact number Permanent (P) or Temporary T 2b. Type of impact 2c. Type of wetland 2d. Forested 2e. Type of jurisdiction Corps (404,10) or DWQ (401, other) 2f. Area of impact (acres) W1 P Choose one Bottomland Hardwood Forest Yes Corps 0.0576 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: 0.0576 2h. Comments: W1- Road crossing at Wetland D 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 Non -Wetland Waters BB INT Corps 6 87.17 S2 P Stabilization Non -Wetland Waters BB INT Corps 8 14.03 S3 Choose one S4 Choose one S5 Choose one S6 Choose one 3h. Total stream and tributary impacts 101.2 3i. Comments: S1- Road crossing S2- No -loss impact. Upstream/downstream riprap will be placed at preconstruction streambed elevations. 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 indivi ually 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, the 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 1a. 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 common open space, by boring the utility connection, and by avoiding 96% of onsite streams and 95% of onsite wetlands. 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. Where possible, 2:1 slopes and the maximum allowable headwalls will be used to minimize crossing impacts. 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? ❑X Yes ❑ No 2b. If yes, mitigation is required by (check all that apply): ❑ DWQ ❑X Corps 2c. If yes, which mitigation option will be used for this project? ❑ Mitigation bank ❑X 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: 101.2 linear feet 4c. If using stream mitigation, stream temperature: warm 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: 0.058 acres 4f. Non -riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: We propose a 1.5:1 ratio for impacts to Stream BB. A 2:1 ratio is proposed wetland impacts. 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 ❑ Yes ❑X No buffer mitigation? 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. 6c. 6d. 6e. Zone Reason for impact Total impact Multiplier Required mitigation (square feet) (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 1 a. Does the project include or is it adjacent to protected riparian buffers identified ❑ Yes ❑X No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. ❑ Yes ❑ No 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 15.36 % 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 Union County but will be designed to meet their criteria. 2e. Who will be responsible for the review of the Stormwater Management Plan? Union County 3. Certified Local Government Stormwater Review 3a. In which localgovernment's jurisdiction is thisproject? Union County ❑X Phase II ❑ NSW 3b. Which of the following locally -implemented stormwater management programs ❑ USMP apply (check all that apply): ❑ Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ❑Yes ❑X No attached? 4. DWQ Stormwater Program Review ❑Coastal counties ❑HQW 4a. Which of the following state -implemented stormwater management programs apply ❑ORW (check all that apply): ❑Session Law 2006-246 ❑Other: 4b. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑X No attached? 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ❑ Yes ❑ No 5b. Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No Page 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 ❑ Yes 0 No use of public (federal/state) land? 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ❑Yes ❑ No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval ❑ Yes ❑ No letter.) Comments: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, []Yes 0 No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after -the -fact permit application? ❑Yes 0 No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in ❑Yes 0 No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. No additional phases are proposed. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from Wastewater the proposed project, or available capacity of the subject facility. generated on 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 ❑ Yes ❑X No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ❑X Yes ❑ No impacts? 5c. If yes, indicate the USFWS Field Office you have contacted. Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? A threatened and endangered species assessment was conducted in which no species were identified. Habitat may occur for the Northern long-eared bat but the project is except as described in the attached T&E report. A report has been submitted to FWS 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 ❑ Yes ❑X No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? SHPO's website: https://nc.maps.arcgis.com/ There are no NRHP-listed properties or other historic resources recorded in the project area. Please refer to the attached Cultural Resources Report. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? ❑ Yes ❑X No 8b. If yes, explain how project meets FEMA requirements: 8c. What source(s) did you use to make the floodplain determination? www.fema.gov http://gis-web.unioncountyne.gov/gomaps/# Heath Caldwell 07-13-2021 Applicant/Agent's Printed Name Date Applicant/Agent's Signature (Agent's signature is valid only if an authorization letter from the applicant isprovided.) Page 10 of 10 and Environmental Planning Group Agent Authorization Letter The purpose of this form is to authorize our firm to act on your behalf in matters related to aquatic resource (i.e. stream/wetlands) identification/mapping and regulatory permitting. The undersigned, who are either registered property owners or legally authorized to conduct due diligence activities on the property as identified below, do hereby authorize associates of Leonard S. Rindner, PLLC, Wetlands and Environmental Planning Group (WEPG) to act on my behalf and take all actions necessary for the processing, issuance, and acceptance of applicable permit(s) and/or certification(s). Project/Site Name: Weddington Glen Property Address: Hemby Road and Weddington Matthews Road Parcel Identification Number (PIN): 06120003, 06120002B, 06123012 Select one: I am other Name: Mark Carpenter Company: CH Land Company LLC Mailing Address: 6412 Bannington Road, Charlotte, NC 282277 Telephone Number: (704)562-2988 Electronic Mail Address: mark.carpenter@chlandcompany.com Property Owner / Interestlkd Buyer* / Other" Date f * The Interested Buyer/Other acknowledges that an agreement and/or formal contract to purchase and/or conduct due diligence activities exists between the current property owner and the signatory of this authorization in cases where the property is not owned by the signatory. Charlotte Office: 10612-D Providence Rd. PMB 550 Charlotte, NC 28277 (704) 904-2277 len.rindner@wetlands-epg.com www.wetlands-epg.com Asheville Office: 1070 Tunnel Rd„ Bldg, I Suite 10, PMB 283 Asheville, NC 28805 ROY COOPER Governor JOHN NICHOLSON Interim Secretary TIM BAUMGARTNER Director Mark Carpenter CH Land 6412 Bannington Road Charlotte, NC 28226 Project: Weddington Glen NORTH CAROLINA Environmental Quality June 21, 2021 Expiration of Acceptance: 12/21/2021 County: Union The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to accept payment for compensatory mitigation for impacts associated with the above referenced project as indicated in the table below. Note this decision does not assure that participation in the DMS in -lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will be approved. You must also comply with all other state, federal or local government permits, regulations or authorizations associated with the proposed activity including G.S. § 143-214.11. This acceptance is valid for six months from the date of this letter and is not transferable. If we have not received a copy of the issued 404 Permit/401 Certification within this time frame, this acceptance will expire. It is the applicant's responsibility to send copies of the permits to DMS. Once DMS receives a copy of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the in -lieu fee to be paid by an applicant is calculated based upon the Fee Schedule and policies listed on the DMS website. Based on the information supplied by you in your request to use the DMS, the impacts for which you are requesting compensatory mitigation credit are summarized in the following table. The amount of mitigation required and assigned to DMS for this impact is determined by permitting agencies and may exceed the impact amounts shown below. River Basin Impact Location (8-digit HUC) Impact Type Impact Quantity Catawba 03050103 Riparian Wetland 0.058 Catawba 03050103 Warm Stream 101.2 *DMS proposes to utilize the Catawba 03 Expanded Service Area to meet the mitigation requirement. Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The mitigation will be performed in accordance with the In -Lieu Fee Program instrument dated July 28, 2010. Thank you for your interest in the DMS in -lieu fee mitigation program. If you have any questions or need additional information, please contact Kelly.Williams@ncdenr.gov. 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LLJ e33~ c" —60 0 a � J Y F I � LL v _ .. \\� �01 \ \ 1 1 C \ of A _nog � a�X I\ r o AAA A z ii w oAA ¢ J v N�w — vv fop 0 V vv zwm V A oi0o \ X=V \\ iz L w a 0 1 � O .4—j c� .E v v we jurisdictional Determination Information +F NON -WETLAND WATERS E -1,024 LF -0.01T2 AC 1 )rJ PROJECT BOUNDARY STUDY LIMITS WETLAND D _ -0.224 AC WETLAND H -0.041 AC ZOO, NCDEQ STREAM \\i FORM E WETLAND G �� EP CEND 1 NCDEQ � STREAM FORMA NON -WETLAND USACE WETAND WATERS A FORM C-CC -1,181 LF WETLAND C/CC -0.869 AC LEGEND Project boundary study limits IN/ Stream Wetland Landscape phubWdim ion NON -WETLAND WATERS B -131 LF NON -WETLAND -222 LF'' Acres: WEDDINGTON GLEN Prepared for: +/- 48.77 Union Co., NC CH LAND COMPANY FIGURE - 6 3130121 DELINEATION MAP Drawn By: Reviewed By: WSubject to USACE/NCDEQ Verification N R N ALL , ' ' Acres: WEDDINGTON GLEN Prepared for: +/- 48.77 Union Co., NC CH LAND COMPANY FIGURE - 6 3130121 DELINEATION MAP Drawn By: Reviewed By: WSubject to USACE/NCDEQ Verification N R N ALL , ' ' NCSAM / NCWAM NC SAM FIELD ASSESSMENT RESULTS Accompanies User Manual Version 2.1 USACE AID #: SAW-2021-00764 NCDWR #: 20210775 INSTRUCTIONS: Attach a sketch of the assessment area and photographs. Attach a copy of the USGS 7.5-minute topographic quadrangle, and circle the location of the stream reach under evaluation. If multiple stream reaches will be evaluated on the same property, identify and number all reaches on the attached map, and include a separate form for each reach. See the NC SAM User Manual for detailed descriptions and explanations of requested information. Record in the "Notes/Sketch" section if supplementary measurements were performed. See the NC SAM User Manual for examples of additional measurements that may be relevant. NOTE EVIDENCE OF STRESSORS AFFECTING THE ASSESSMENT AREA (do not need to be within the assessment area). PROJECT/SITE INFORMATION: 1. Project name (if any): Weddington Glen 2. Date of evaluation: 5/15/2021 3. Applicant/owner name: CHLand 4. Assessor name/organization: H.Caldwell/WEPG 5. County: Union 6. Nearest named water body 7. River basin: Catawba on USGS 7.5-minute quad: Sixmile Creek 8. Site coordinates (decimal degrees, at lower end of assessment reach): 35.0334N/-80.7442W STREAM INFORMATION: (depth and width can be approximations) 9. Site number (show on attached map): Stream BB 10. Length of assessment reach evaluated (feet): 200 11. Channel depth from bed (in riffle, if present) to top of bank (feet): 1.25 ❑Unable to assess channel depth. 12. Channel width at top of bank (feet): 4.5 13. Is assessment reach a swamp steam? ❑Yes ❑No 14. Feature type: ❑Perennial flow ®Intermittent flow ❑Tidal Marsh Stream STREAM CATEGORY INFORMATION: 15. NC SAM Zone: ❑ Mountains (M) ® Piedmont (P) ❑ Inner Coastal Plain (1) ❑ Outer Coastal Plain (0) 16. Estimated geomorphic ®A El valley shape (skip for Tidal Marsh Stream): (more sinuous stream, flatter valley slope) (less sinuous stream, steeper valley slope) 17. Watershed size: (skip ®Size 1 (< 0.1 mi2) ❑Size 2 (0.1 to < 0.5 mil) ❑Size 3 (0.5 to < 5 mil) ❑Size 4 (>_ 5 mil) for Tidal Marsh Stream) ADDITIONAL INFORMATION: 18. Were regulatory considerations evaluated? ®Yes ❑No If Yes, check all that apply to the assessment area. ❑Section 10 water ❑Classified Trout Waters ❑Water Supply Watershed (❑l ❑II ❑III ❑IV ❑V) ❑Essential Fish Habitat ❑Primary Nursery Area ❑ High Quality Waters/Outstanding Resource Waters ❑Publicly owned property ❑NCDWR Riparian buffer rule in effect ❑Nutrient Sensitive Waters ❑Anadromous fish ❑303(d) List ❑CAMA Area of Environmental Concern (AEC) ❑Documented presence of a federal and/or state listed protected species within the assessment area. List species: ❑Designated Critical Habitat (list species) 19. Are additional stream information/supplementary measurements included in "Notes/Sketch" section or attached? ®Yes ❑No 1. Channel Water - assessment reach metric (skip for Size 1 streams and Tidal Marsh Streams) ❑A Water throughout assessment reach. ❑B No flow, water in pools only. ®C No water in assessment reach. 2. Evidence of Flow Restriction - assessment reach metric ❑A At least 10% of assessment reach in -stream habitat or riffle -pool sequence is severely affected by a flow restriction or fill to the point of obstructing flow or a channel choked with aquatic macrophytes or ponded water or impoundment on flood or ebb within the assessment reach (examples: undersized or perched culverts, causeways that constrict the channel, tidal gates, debris jams, beaver dams). ®B Not 3. Feature Pattern - assessment reach metric ®A A majority of the assessment reach has altered pattern (examples: straightening, modification above or below culvert). ❑B Not 4. Feature Longitudinal Profile - assessment reach metric ❑A Majority of assessment reach has a substantially altered stream profile (examples: channel down -cutting, existing damming, over widening, active aggradation, dredging, and excavation where appropriate channel profile has not reformed from any of these disturbances). ®B Not 5. Signs of Active Instability - assessment reach metric Consider only current instability, not past events from which the stream has currently recovered. Examples of instability include active bank failure, active channel down -cutting (head -cut), active widening, and artificial hardening (such as concrete, gabion, rip -rap). ®A < 10% of channel unstable ❑B 10 to 25% of channel unstable ❑C > 25% of channel unstable 6. Streamside Area Interaction — streamside area metric Consider for the Left Bank (LB) and the Right Bank (RB). LB RB ❑A ❑A Little or no evidence of conditions that adversely affect reference interaction ®B ®B Moderate evidence of conditions (examples: berms, levees, down -cutting, aggradation, dredging) that adversely affect reference interaction (examples: limited streamside area access, disruption of flood flows through streamside area, leaky or intermittent bulkheads, causeways with floodplain constriction, minor ditching [including mosquito ditching]) ❑C ❑C Extensive evidence of conditions that adversely affect reference interaction (little to no floodplain/intertidal zone access [examples: causeways with floodplain and channel constriction, bulkheads, retaining walls, fill, stream incision, disruption of flood flows through streamside area] or too much floodplain/intertidal zone access [examples: impoundments, intensive mosquito ditching]) or floodplain/intertidal zone unnaturally absent or assessment reach is a man-made feature on an interstream divide Water Quality Stressors — assessment reach/intertidal zone metric Check all that apply. ❑A Discolored water in stream or intertidal zone (milky white, blue, unnatural water discoloration, oil sheen, stream foam) ❑B Excessive sedimentation (burying of stream features or intertidal zone) ❑C Noticeable evidence of pollutant discharges entering the assessment reach and causing a water quality problem ❑D Odor (not including natural sulfide odors) ❑E Current published or collected data indicating degraded water quality in the assessment reach. Cite source in "Notes/Sketch" section. ❑F Livestock with access to stream or intertidal zone ❑G Excessive algae in stream or intertidal zone ❑H Degraded marsh vegetation in the intertidal zone (removal, burning, regular mowing, destruction, etc) ®I Other: (explain in "Notes/Sketch" section) ❑J Little to no stressors 8. Recent Weather — watershed metric (skip for Tidal Marsh Streams) For Size 1 or 2 streams, D1 drought or higher is considered a drought; for Size 3 or 4 streams, D2 drought or higher is considered a drought. ❑A Drought conditions and no rainfall or rainfall not exceeding 1 inch within the last 48 hours ❑B Drought conditions and rainfall exceeding 1 inch within the last 48 hours ®C No drought conditions 9. Large or Dangerous Stream — assessment reach metric ❑Yes ®No Is stream is too large or dangerous to assess? If Yes, skip to Metric 13 (Streamside Area Ground Surface Condition). 10. Natural In -stream Habitat Types — assessment reach metric 10a. ❑Yes ❑No Degraded in -stream habitat over majority of the assessment reach (examples of stressors include excessive sedimentation, mining, excavation, in -stream hardening [for example, rip -rap], recent dredging, and snagging) (evaluate for Size 4 Coastal Plain streams only, then skip to Metric 12) 10b. Check all that occur (occurs if > 5% coverage of assessment reach) (skip for Size 4 Coastal Plain streams) ❑A Multiple aquatic macrophytes and aquatic mosses W ❑F 5% oysters or other natural hard bottoms (include liverworts, lichens, and algal mats) F � ❑G Submerged aquatic vegetation ❑B Multiple sticks and/or leaf packs and/or emergent o Y ❑H Low -tide refugia (pools) vegetation Y r0 ❑I Sand bottom El Multiple snags and logs (including lap trees) r El 5% vertical bank along the marsh ❑D 5% undercut banks and/or root mats and/or roots U 2 ❑K Little or no habitat in banks extend to the normal wetted perimeter ®E Little or no habitat REMAINING QUESTIONS ARE NOT APPLICABLE FOR TIDAL MARSH STREAMS**************************** 11. Bedform and Substrate — assessment reach metric (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams) 11 a. [—]Yes ®No Is assessment reach in a natural sand -bed stream? (skip for Coastal Plain streams) 11 b. Bedform evaluated. Check the appropriate box(es). ®A Riffle -run section (evaluate 11c) ❑B Pool -glide section (evaluate 11d) ❑C Natural bedform absent (skip to Metric 12, Aquatic Life) 11 c. In riffle sections, check all that occur below the normal wetted perimeter of the assessment reach — whether or not submerged. Check at least one box in each row (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams). Not Present (NP) = absent, Rare (R) = present but < 10%, Common (C) _ > 10-40%, Abundant (A) _ > 40-70%, Predominant (P) _ > 70%. Cumulative percentages should not exceed 100% for each assessment reach. NP R C A P ® ❑ ❑ ❑ ❑ Bedrock/saprolite ® ❑ ❑ ❑ ❑ Boulder (256 — 4096 mm) ® ❑ ❑ ❑ ❑ Cobble (64 — 256 mm) ❑ ® ❑ ❑ ❑ Gravel (2 — 64 mm) ❑ ❑ ® ❑ ❑ Sand (.062 — 2 mm) ❑ ❑ ❑ ® ❑ Silt/clay (< 0.062 mm) ❑ ® ❑ ❑ ❑ Detritus ❑ ® ❑ ❑ ❑ Artificial (rip -rap, concrete, etc.) 11d. [—]Yes ❑No Are pools filled with sediment? (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams) 12. Aquatic Life — assessment reach metric (skip for Tidal Marsh Streams) 12a. ❑Yes ®No Was an in -stream aquatic life assessment performed as described in the User Manual? If No, select one of the following reasons and skip to Metric 13. ®No Water ❑Other: 12b. ❑Yes ®No Are aquatic organisms present in the assessment reach (look in riffles, pools, then snags)? If Yes, check all that apply. If No, skip to Metric 13. 1 >1 Numbers over columns refer to "individuals" for Size 1 and 2 streams and "taxa" for Size 3 and 4 streams. ❑ ❑Adult frogs ❑ ❑Aquatic reptiles ❑ ❑Aquatic macrophytes and aquatic mosses (include liverworts, lichens, and algal mats) ❑ ❑Beetles ❑ ❑Caddisfly larvae (T) ❑ ❑Asian clam (Corbicula) ❑ ❑Crustacean (isopod/a mph i pod/crayfish/sh ri mp) ❑ ❑Damselfly and dragonfly larvae ❑ ❑Dipterans ❑ ❑Mayfly larvae (E) ❑ ❑Megaloptera (alderfly, fishfly, dobsonfly larvae) ❑ ❑Midges/mosquito larvae ❑ ❑Mosquito fish (Gambusia) or mud minnows (Umbra pygmaea) ❑ ❑Mussels/Clams (not Corbicula) ❑ ❑Other fish ❑ ❑Salamanders/tadpoles ❑ ❑Snails ❑ ❑Stonefly larvae (P) ❑ ❑Tipulid larvae ❑ ❑Worms/leeches 13. Streamside Area Ground Surface Condition — streamside area metric (skip for Tidal Marsh Streams and B valley types) Consider for the Left Bank (LB) and the Right Bank (RB). Consider storage capacity with regard to both overbank flow and upland runoff. LB RB ❑A ❑A Little or no alteration to water storage capacity over a majority of the streamside area ®B ❑B Moderate alteration to water storage capacity over a majority of the streamside area ❑C ®C Severe alteration to water storage capacity over a majority of the streamside area (examples: ditches, fill, soil compaction. livestock disturbance, buildings, man-made levees, drainage pipes) 14. Streamside Area Water Storage — streamside area metric (skip for Size 1 streams, Tidal Marsh Streams, and B valley types) Consider for the Left Bank (LB) and the Right Bank (RB) of the streamside area. LB RB ❑A ❑A Majority of streamside area with depressions able to pond water >_ 6 inches deep ❑B ❑B Majority of streamside area with depressions able to pond water 3 to 6 inches deep ®C ®C Majority of streamside area with depressions able to pond water < 3 inches deep 15. Wetland Presence — streamside area metric (skip for Tidal Marsh Streams) Consider for the Left Bank (LB) and the Right Bank (RB). Do not consider wetlands outside of the streamside area or within the normal wetted perimeter of assessment reach. LB RB ❑Y ❑Y Are wetlands present in the streamside area? ®N ®N 16. Baseflow Contributors — assessment reach metric (skip for Size 4 streams and Tidal Marsh Streams) Check all contributors within the assessment reach or within view of and draining to the assessment reach. ❑A Streams and/or springs (jurisdictional discharges) ❑B Ponds (include wet detention basins; do not include sediment basins or dry detention basins) ❑C Obstruction passing flow during low -flow periods within the assessment area (beaver dam, leaky dam, bottom -release dam, weir) ❑D Evidence of bank seepage or sweating (iron in water indicates seepage) ®E Stream bed or bank soil reduced (dig through deposited sediment if present) ❑F None of the above 17. Baseflow Detractors — assessment area metric (skip for Tidal Marsh Streams) Check all that apply. ❑A Evidence of substantial water withdrawals from the assessment reach (includes areas excavated for pump installation) ❑B Obstruction not passing flow during low -flow periods affecting the assessment reach (ex: watertight dam, sediment deposit) ❑C Urban stream (>> 24% impervious surface for watershed) ®D Evidence that the streamside area has been modified resulting in accelerated drainage into the assessment reach ❑E Assessment reach relocated to valley edge ❑F None of the above 18. Shading — assessment reach metric (skip for Tidal Marsh Streams) Consider aspect. Consider "leaf -on" condition. ❑A Stream shading is appropriate for stream category (may include gaps associated with natural processes) ❑B Degraded (example: scattered trees) ®C Stream shading is gone or largely absent 19. Buffer Width — streamside area metric (skip for Tidal Marsh Streams) Consider "vegetated buffer" and "wooded buffer" separately for left bank (LB) and right bank (RB) starting at the top of bank out to the first break. Vegetated Wooded LB RB LB RB ®A ®A ❑A ❑A >_ 100 feet wide or extends to the edge of the watershed ❑B ❑B ®B ❑B From 50 to < 100 feet wide ❑C ❑C ❑C ❑C From 30 to < 50 feet wide ❑D ❑D ❑D ❑D From 10 to < 30 feet wide ❑E ❑E ❑E ®E < 10 feet wide or no trees 20. Buffer Structure — streamside area metric (skip for Tidal Marsh Streams) Consider for left bank (LB) and right bank (RB) for Metric 19 ("Vegetated" Buffer Width). LB RB ❑A ❑A Mature forest ®B ®B Non -mature woody vegetation or modified vegetation structure ❑C ❑C Herbaceous vegetation with or without a strip of trees < 10 feet wide ❑D ❑D Maintained shrubs ❑E ❑E Little or no vegetation 21. Buffer Stressors — streamside area metric (skip for Tidal Marsh Streams) Check all appropriate boxes for left bank (LB) and right bank (RB). Indicate if listed stressor abuts stream (Abuts), does not abut but is within 30 feet of stream (< 30 feet), or is between 30 to 50 feet of stream (30-50 feet). If none of the following stressors occurs on either bank, check here and skip to Metric 22: Abuts < 30 feet 30-50 feet LB RB LB RB LB RB ❑A ❑A ❑A ❑A ❑A ❑A Row crops ❑B ❑B ❑B ❑B ❑B ❑B Maintained turf ❑C ❑C ❑C ❑C ❑C ❑C Pasture (no livestock)/commercial horticulture ❑D ❑D ❑D ❑D ❑D ❑D Pasture (active livestock use) 22. Stem Density — streamside area metric (skip for Tidal Marsh Streams) Consider for left bank (LB) and right bank (RB) for Metric 19 ("Wooded" Buffer Width). LB RB ❑A ❑A Medium to high stem density ®B ❑B Low stem density ❑C ®C No wooded riparian buffer or predominantly herbaceous species or bare ground 23. Continuity of Vegetated Buffer — streamside area metric (skip for Tidal Marsh Streams) Consider whether vegetated buffer is continuous along stream (parallel). Breaks are areas lacking vegetation > 10 feet wide. LB RB ®A ®A The total length of buffer breaks is < 25 percent. ❑B ❑B The total length of buffer breaks is between 25 and 50 percent. ❑C ❑C The total length of buffer breaks is > 50 percent. 24. Vegetative Composition — streamside area metric (skip for Tidal Marsh Streams) Evaluate the dominant vegetation within 100 feet of each bank or to the edge of the watershed (whichever comes first) as it contributes to assessment reach habitat. LB RB ❑A ❑A Vegetation is close to undisturbed in species present and their proportions. Lower strata composed of native species, with non-native invasive species absent or sparse. ®B ❑B Vegetation indicates disturbance in terms of species diversity or proportions, but is still largely composed of native species. This may include communities of weedy native species that develop after clear -cutting or clearing or communities with non-native invasive species present, but not dominant, over a large portion of the expected strata or communities missing understory but retaining canopy trees. ❑C ®C Vegetation is severely disturbed in terms of species diversity or proportions. Mature canopy is absent or communities with non-native invasive species dominant over a large portion of expected strata or communities composed of planted stands of non -characteristic species or communities inappropriately composed of a single species or no vegetation. 25. Conductivity — assessment reach metric (skip for all Coastal Plain streams) 25a. ❑Yes ®No Was conductivity measurement recorded? If No, select one of the following reasons. ❑No Water ❑Other: 25b. Check the box corresponding to the conductivity measurement (units of microsiemens per centimeter). ❑A < 46 ❑B 46 to < 67 ❑C 67 to < 79 ❑D 79 to < 230 ❑E >_ 230 Notes/Sketch: Streamform likely originated from ditching for agricultural purposes. Powerline ROW abutting right bank. Draft NIC SAM Stream Rating Sheet Accompanies User Manual Version 2.1 Stream Site Name Weddington Glen Date of Assessment 5/15/2021 Stream Category Pal Assessor Name/Organization H.Caldwell/WEPG Notes of Field Assessment Form (Y/N) YES Presence of regulatory considerations (Y/N) NO Additional stream information/supplementary measurements included (Y/N) YES NC SAM feature type (perennial, intermittent, Tidal Marsh Stream) Intermittent USACE/ NCDWR Function Class Rating Summary All Streams Intermittent (1) Hydrology LOW LOW (2) Baseflow MEDIUM MEDIUM (2) Flood Flow LOW LOW (3) Streamside Area Attenuation LOW LOW (4) Floodplain Access MEDIUM MEDIUM (4) Wooded Riparian Buffer LOW LOW (4) Microtopography LOW LOW (3) Stream Stability MEDIUM MEDIUM (4) Channel Stability HIGH HIGH (4) Sediment Transport LOW LOW (4) Stream Geomorphology MEDIUM MEDIUM (2) Stream/Intertidal Zone Interaction NA NA (2) Longitudinal Tidal Flow NA NA (2) Tidal Marsh Stream Stability NA NA (3) Tidal Marsh Channel Stability NA NA (3) Tidal Marsh Stream Geomorphology NA NA (1) Water Quality MEDIUM MEDIUM (2) Baseflow MEDIUM MEDIUM (2) Streamside Area Vegetation MEDIUM MEDIUM (3) Upland Pollutant Filtration HIGH HIGH (3) Thermoregulation LOW LOW (2) Indicators of Stressors NO NO (2) Aquatic Life Tolerance OMITTED NA (2) Intertidal Zone Filtration NA NA (1) Habitat LOW LOW (2) In -stream Habitat LOW LOW (3) Baseflow MEDIUM MEDIUM (3) Substrate LOW LOW (3) Stream Stability HIGH HIGH (3) In -stream Habitat LOW LOW (2) Stream -side Habitat LOW LOW (3) Stream -side Habitat MEDIUM MEDIUM (3) Thermoregulation LOW LOW (2) Tidal Marsh In -stream Habitat NA NA (3) Flow Restriction NA NA (3) Tidal Marsh Stream Stability NA NA (4) Tidal Marsh Channel Stability NA NA (4) Tidal Marsh Stream Geomorphology NA NA (3) Tidal Marsh In -stream Habitat NA NA (2) Intertidal Zone NA NA Overall LOW LOW a- J i O Q v oC 22 Threatened & Endangered Species Report Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. Threatened / Endangered / Protected Species Evaluation For: Weddington Glen Union County, North Carolina By: Lisa R. Gaffney June 21, 2021 Field investigation conducted on June 18 & 21 , 2021 Charlotte Office: www.wetiands-epg.com Asheville Office: 10612-D Providence Rd. 1070 Tunnel Rd., Bldg. I PMB 550 Suite 10, PMB 283 Charlotte, NC 28277 Asheville, NC 28805 (704) 904-2277 I en. ri nd ner@wet Ian ds -epg. co nn Weddington Glen - Threatened /Endangered /Protected Species Evaluation GENERAL LANDSCAPE DESCRIPTION: The Weddington Glen site (including a sewer line connector) is +/- 48.8 acres located just south of Hemby Road, and just west of Weddington- Matthews Road in Union County, North Carolina. It can be found on the Matthews USGS Topographic Quadrangle Map- latitude is 35.0333 N, longitude is 80.7453 W. The site is a mosaic of cropland, disturbed forest cover, fencerows, and residential property. The topography is gently to moderately sloped with the elevation ranging from 690 to 730 ft. (Figure 1). Figure 1: I SIMNItECREEK 1 1 LOCATION Lat: 35.0333 N SCALE Long:-80.7453 W 1:24,OOU N H UC: 0305010.1 ACRL,5 I LOWER CATAWBA 48.8 Prepared for: PROPERTY BOUNDARY I STUDY LIMITS 1 USGS QUAD Weddington, NC 1988 & Matthews, NC 1988 CH LAID COMPANY e_ — WEDDINGTON GLEN SITE Union Co., NC USGS MAP For study purposes only - 5j6ject to USACE ver fkation Drawn By: I Reviewed By: I FIGURE 1 ALL 03/26/21 Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. Weddington Glen - Threatened /Endangered /Protected Species Evaluation METHODOLOGY: The US Fish and Wildlife Service website http://www.fws.gov/raleigh/species/cntylist/union.htmI was referenced to determine the occurrence of Threatened, Endangered and Protected species for Union County North Carolina, the results of which are listed below (Table 1). Maps and aerial photographs were assembled, and the site was investigated on June 18, 2021. Table 1: Threatened / Endangered / Protected Species listed for Union County County: Union, NC *Source: US Fish & Wildlife Service **Data search on June 18, 2021 Group Name Status Clams Carolina Heelsplitter Endangered (Lasmiclona decorata) Flowering Schweinitz's Sunflower Endangered Plants (Helianthus schweinitzii) Flowering Michaux's Sumac (Rhus Endangered Plants michauxii Birds Bald Eagle (Haliaeetus Protected under the Bald leucoce,nhalus) and Golden Eagle Protection Act WEPG#00883 3 Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. Weddington Glen - Threatened /Endangered /Protected Species Evaluation SPECIES DESCRIPTIONS: Two plant species with federal protection are listed as potentially occurring in Union County: • Schweinitz's Sunflower (Helianthus schweinitzii), listed as Federally Endangered, is typically found in open habitats which historically have been maintained by wildfires and grazing bison and elk herds. Now most occurrences are limited to roadsides, woodland and field edges, and utility rights -of -way (ROW). • Michaux's Sumac (Rhus michauxii), listed as Federally Endangered, requires habitat of sandy forests and woodland edges. This species requires periodic fire as a part of its ecology. Two animal species with federal protection are listed as potentially occurring in Union County: • Bald Eagle (Haliaeetus leucocephalus), protected by the Bald and Golden Eagle Protection Act, typically inhabits forested areas near large bodies of open water such as lakes, marshes, seacoasts and rivers, where there are suitable fish populations and tall trees for nesting and roosting. • Carolina Heelsplitter (Lasmigona decorata), listed as Federally Endangered, is restricted to cool, clean, well -oxygenated water. Stable, silt- free stream beds are required for this species. Typically, stable areas occur where the stream banks are well -vegetated with trees and shrubs. Wetlands and Environmental Planning Group 4 Leonard S. Rindner, PLLC. Weddington Glen - Threatened /Endangered /Protected Species Evaluation RESULTS: The site is a mosaic of cropland, disturbed forest cover, fencerows and road edges, and residential property. There are three large crop fields currently abandoned to weeds. The wooded areas are associated with drainages. The homesite and outbuildings on the northeast side of the site have maintained lawn and landscaping. The mobile homes on the southwest side of the site are mostly landscaped and covered in mixed turf grass and typical weeds. The section of power line right of way on the southwest perimeter of the site is covered with partially mowed turfgrass and blackberry (Rubus spp.) thickets. The fencerows are dominated by Chinese Privet (Ligustrum sinense), Black Cherry (Prunus serotina), Winged Elm (Ulmus alata), Red Cedar (Juniperus virginiana ), Blackberry, and Pokeweed (Phytolacca americana). The disturbed mixed woods are composed of Short -leaf Pine (Pinus echinata), American Ash (Fraxinus americana), White Oak (Quercus alba), Northern Red Oak (Quercus rubra), Southern Red Oak (Quercus falcata), Black Oak (Quercus velutina), Willow Oak (Quercus phellos), Mockernut Hickory (Carya tomentosa), Pignut Hickory (Carya glabra), Carolina Shagbark Hickory (Carya carolinae- septentrionalis), Black Walnut (Jug/ans nigra), Sweet Gum (Liquidambar styraciflua), and Yellow Poplar (Liriodendron tulipifera var. tulipifera). Subcanopy trees found were Sourwood (Oxydendrum arboreum), Red Maple (Acer rubrum var. rubrum), Red Cedar (Juniperus virginiana), Flowering Dogwood (Comus f/orida), Black Gum (Nyssa sy/vatica), Black Cherry (Prunus serotina), Redbud (Cercis canadensis), and Red Mulberry (Marus rubra). The shrub layer includes Spicebush (Lindera benzoin), Autumn Olive (Elaeagnus umbellata), Paw Paw (Asimina triloba) and Chinese Privet (Ligustrum sinense). Vines present are Japanese Honeysuckle (Lonicera japonica), Trumpet Creeper (Campsis radicans), Virginia Creeper (Parthenocissus quinquefolia), Muscadine (Vitis rotundifolia), and Poison Ivy (Toxicodendron radicans). The herb layer includes Christmas Fern (Polystichum acrostichoides), Crane -fly Orchid (Tipularia discolor), Spotted Wintergreen (Chimaphila maculata), River Oats (Chasmanthium latifolium), and Japanese Stiltgrass (Microstegium vimineum). The mowed roadsides along Hemby Road and Matthews-Weddington Road are dominated by Fescue turf grass (Festuca sp.), and common weedy and transitional species including Johnson grass (Sorghum halepense), Sericea Lespedeza (Lespedeza cuneata), Ragwort (Packera sp.) Indian Hemp (Apocynum cannabinum), Goldenrod (Solidago sp.), Beggars Ticks (Desmodium sp.), and Dogfennel (Eupatorium capillifolium). WEPG#00883 5 Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. Weddington Glen - Threatened /Endangered /Protected Species Evaluation Threatened & Endangered/Protected Species Results • All potential habitats for Schweinitz's Sunflower along the roadsides, power line, fields and woods edges were examined, and the species was not observed. WEPG concludes Schweinitz's Sunflower (Helianthus schweinitzii) does not occur on the site. • All potential habitats for Michaux's Sumac along the roadsides, power line, fields and woods edges were examined, and the species was not observed. WEPG concludes Michaux's Sumac (Rhus michauxii) does not occur on the site. • There is no Bald Eagle habitat on site, and no eagles or eagle's nests were observed. No habitat exists on the site for Bald Eagles, and there were no sightings nor were any nesting sites observed. WEPG concludes Bald Eagle (Haliaeetus /eucocepha/us) does not occur on the site. • Given the general disturbance of the streams on site from farming, there is unlikely to be suitable habitat on site to support populations of the Carolina Heelsplitter, although Sixmile Creek supports a population of Carolina Heelsplitter downstream and across the state line in South Carolina. WEPG concludes Carolina Heelsplitter (Las0gona decorata) does not occur on the site. RECOMMENDATIONS: Based on the site investigation and the review of available data, WEPG did not identify any protected species occurring on the subject property. No further investigation of the presence of protected species on this site is recommended at this time. Respectfully submitted, Lisa R. Gaffney Biologist June 21, 2021 Wetlands and Environmental Planning Group 6 Leonard S. Rindner, PLLC. Weddington Glen - Threatened /Endangered /Protected Species Evaluation Curriculum Vitae for: Lisa R. Gaffney Biologist/ Botanist B.S. Biology, University of North Carolina at Charlotte Ms. Gaffney is a classically trained botanist and natural resource biologist and has conducted field work and investigative studies covering thousands of cumulative acres in both North and South Carolina since 1996, including: • Discovered Schweinitz's Sunflower at Redlair Farm in Gaston County, NC. which led to the purchase of the site by the State of North Carolina Plant Conservation Program, now called Redlair Preserve. This population has become a Recovery Site for the species. • Located and identified numerous previously unreported populations of Federally Endangered Schweinitz's Sunflower (Helianthus schweinitzii). • Located and identified numerous previously unreported populations of Threatened Dwarf Heartleaf (Hexastylis nanif/ora). • Cabarrus County NC Natural Heritage Inventory. Organized, directed, and conducted field survey of natural areas in Cabarrus County for the North Carolina Natural Heritage Program. • Lincoln County NC Natural Heritage Inventory. Organized, directed, and conducted field survey of natural areas in Lincoln County for the North Carolina Natural Heritage Program. • Threatened and Endangered Species Surveys and Natural Communities Evaluation for over 55,000 acres in North and South Carolina, 1996 - present. • Participated in numerous Piedmont Prairie restoration projects in both North and South Carolina. WEPG#00883 7 Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. U Cultural Resources Report R.S. Webb & Associates Cultural Resource Management Consultants 2800 Holly Springs Parkway, Suite 200 • P.O. Drawer 1319 Holly Springs, Georgia 30142 Phone: 770-345-0706 • Fax: 770-345-0707 July 1, 2021 Mr. Heath Caldwell Leonard S. Rindner, PLLC Wetlands & Environmental Planning Group 3714 Spokeshave Lane Matthews, North Carolina 28105 Subject: Findings - Limited Cultural Resources Literature Review Weddington Glen Development Tract Weddington, Union County, North Carolina R.S. Webb & Associates No. 21-649-144 Dear Mr. Caldwell: BACKGROUND During June 2021, R.S. Webb & Associates (RSWA) conducted a limited cultural resources literature review for the proposed Weddington Glen development tract in Weddington, Union County, North Carolina. The project area covers approximately 49 acres and is located southwest of the intersection of Weddington-Matthews Road and Bulah Church Road in northwest Union County (Figure 1) For this study, a cultural resource is defined as a discrete area of human activity that is at least 50 years old. Cultural resources include, but are not limited to, archeological sites, historic structures, military earthworks, mines/mining features, historic cemeteries, and historic landscape features. The purpose of the current study was to determine if previously recorded cultural resources are located within the project area. METHODOLOGY Through the North Carolina State Historic Preservation Office's (SHPO) HPOWEB database, information was reviewed regarding National Register of Historic Places (NRHP) properties, Union County surveyed -only historic resources, local landmarks, state study -list sites and historic resources determined by the SHPO to be eligible for the NRHP. The North Carolina Office of State Archaeology (OSA) provided RSWA with information via email/electronic link regarding archeological sites located within 1.0 kilometer (km) of the project area. This information included site forms, location maps and partial or full reports. USGS topographic maps were scanned for cemeteries within or near the project area RESULTS National Register of Historic Places: There are no NRHP-listed historic properties located within 1.0 km of the current study tract. Findings - Limited Cultural Resources Literature Review, Weddington Glen Development Tract Page 2 July 1, 2021 Union County Historic Resources: The HPOWEB database identifies no state study -list sites, local landmarks or properties determined eligible for the NRHP within 1.0 km of the study tract. The database indicates two surveyed -only historic resources within 1.0 km of the project area (Figure 1). The closest is Resource No. UN0090 (John Crowell House) located approximately 510 meters (m) northeast of the study tract; the other resource, Resource No. UNO100 (James Stanhope Delaney House), is 665 m southwest of the study tract. Recorded Archeological Sites: The OSA database identifies 13 recorded archeological sites being located within 1.0 km of the project area, five of which are within 200 m of the study tract (Figure 1). Two recorded sites are located south (project side) of Bulah Church Road, at or near the northeastern extent of the study tract. Site 31UN139 is a prehistoric site adjacent to the project area recorded by Catawba College in 1977 (Carter 2016; Young and Gruden 2016). For the current literature review, this site is considered to have an unknown NRHP eligibility status. Site 31UN375 is recorded within the northeastern project area boundary and includes an isolated piece of prehistoric debitage. Due to its isolated nature, this site was determined ineligible for the NRHP. Historic Cemeteries: A review of USGS topographic maps indicated no cemeteries mapped within 1.0 km of the project area. The closest mapped cemetery appears to be in Weddington, 1.5 km to the southwest (Figure 1). CONCLUSIONS There are no NRHP-listed properties, determined -eligible properties, study -listed resources, designated local landmarks, cemeteries, or otherwise recorded historic resources located within or adjacent to the study tract. A prehistoric isolated find, 31UN375, is located within the northeastern study tract boundary, but the site has been determined ineligible for the NRI1P. A second archeological site, 31UN139, is located just northwest of the project area and is considered to have an unknown NRHP eligibility status. CLOSING COMMENTS Mr. Caldwell, we appreciate the opportunity to work with you on this project. If you have any questions or comments, please contact me at 770-345-0706. Sincerely, R.S. WEBB & ASSOCIATES (, it"r Robert S. (Steve) Webb President and Senior Principal Archeologist Attachments: Figure 1 Findings - Limited Cultural Resources Literature Review, Weddington Glen Development Tract Page 3 July 1, 2021 REFERENCES Carter, K. 2016 Archaeological Survey of the 5.4-Mile Weddington-Marvin 100 kV Transmission Line, Union County, North Carolina. Archaeological Consultants of the Carolinas, Inc. Clayton, North Carolina. Young, S. and R. Gruden 2016 Cultural Resources Survey of the 113-acre Carringdon Subdivision Tract Union County, North Carolina. TRC, Inc. Columbia, South Carolina. ow pill *f �r31UN139 31UN41 5 �j31UN44 . -- -- - crr �f i.. • Project Area n %r ti - etl�i -- L UN0090 1 �, a 77n• ,(John Crowell' House) iJN0100 -- r �31UN45 _ 1 J .cam (James . •�._ - � �,�} Stanhope" 31UN375 Delaney House)1344 L Y i_ Cemetery .vim •• ,.��" • 1 farrLa ■ Recorded Historic Resource O Recorded Archeolo ical Site' g 1��� Map Reference: 7.5-Minute USGS Quadrangles Weddington (1968, PR 1988) Matthews (1968, PR 1989), NC Scale 0 610 meters 0 2000 feet Figure 1 Project Area and Cultural Resources Location Map EN Approvals / Authorizations U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2021-00764 County: Union U.S.G.S. Quad: NC- Matthews NOTIFICATION OF JURISDICTIONAL DETERMINATION Requestor: CH Land Company, LLC Mark Carpenter Address: 6412 Bannington Road Charlotte, NC 28226 Telephone Number: (704)562-2988 E-mail: mark.carpenter(a,chlandcompanv.com Size (acres) 48.8 Nearest Town Matthews Nearest Waterway Six -mile Creek River Basin Santee USGS HUC 03050103 Coordinates Latitude: 35.0333 Longitude:-80.7453 Location description: The review area is located on the west side of Weddington Matthews Road; approximately 2 miles south of the intersection of Weddington Matthews Road and Tilley Morris Road. PINs: 06120003, 06120002B, and 06123012. Reference review area description shown in Jurisdictional Determination Request package entitled "Figure 1, Vicinity Mad' and dated 03/26/21. 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 3/30/2021. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. ❑ There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the waters, including wetlands have not been properly delineated, this preliminary jurisdiction determination may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an effective presumption of CWA/RHA jurisdiction over all of the waters, including wetlands at the project area, which is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters, including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. B. Approved Determination ❑ There are Navigable Waters of the United States within the above described project area/property subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ There are waters, including wetlandson the above described project area/property subject to the permit requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ We recommend you have the waters, including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. SAW-2021-00764 ❑ The waters, including wetlands on your project area/property have been delineated and the delineation has been verified by the Corps. The approximate boundaries of these waters are shown on the enclosed delineation map dated DATE. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. ❑ The waters, including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below onDATE. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ There are no waters of the U.S., to include wetlands, present on the above described project area/property which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in Morehead City, NC, at (252) 808-2808 to determine their requirements. Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or placement of structures, or work within navigable waters of the United States without a Department of the Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Bryan Roden -Reynolds at 704-510-1440 or brvan.roden-reynolds(&u sace.army.mil. C. Basis For Determination: Basis For Determination: See the preliminary jurisdictional determination form dated 04/13/2021. D. Remarks: None. E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Phillip 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.** Bryan Roden -Reynolds Corps Regulatory Official: 2021.04.13 10:32:54-04'00' Date of JD: 04/13/2021 Expiration Date of JD: Not applicable SAW-2021-00764 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0 Copy furnished: Agent: Wetlands and Environmental Planning Grout) Heath Caldwell Address: 10612-D Providence Road Charlotte, NC 28277 Telephone Number: (704)999-5279 E-mail: heath.caldwell(&wetlands-et)g.com Property Owner: Trustee for the 011ie Manus Trust Sandra Tudor Address: 4200 Satterwvthe Land Charlotte, NC 28215 Telephone Number: (704)564-4206 E-mail: studor1952(&aol.com NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: CH Land Company, LLC, Mark Carpenter I File Number: SAW-2021-00764 Date: 04/13/2021 Attached is: See Section below INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A PROFFERED PERMIT (Standard Permit or Letter of permission) B PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D ❑X PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at or http://www.usace.army.miUMissions/CivilWorks/ReaulatoryProgramandPenuits.asi) OZI& Corps regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision and/or the If you only have questions regarding the appeal process you may appeal process you may contact: also contact: District Engineer, Wilmington Regulatory Division Mr. Phillip Shannin, Administrative Appeal Review Officer Attn: Bryan Roden -Reynolds CESAD-PDO Charlotte Regulatory Office U.S. Army Corps of Engineers, South Atlantic Division U.S Army Corps of Engineers 60 Forsyth Street, Room 1 OM15 8430 University Executive Park Drive, Suite 615 Atlanta, Georgia 30303-8801 Charlotte, North Carolina 28262 Phone: (404) 562-5137 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15-day notice of any site investigation, and will have the opportum to participate in all site investi ations. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: Bryan Roden -Reynolds, 69 Darlington Avenue, Wilmington, North Carolina 28403 For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Phillip Shannin, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: 04/13/2021 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: CH Land Company, LLC, Mark Carpenter, 6412 Bannington Road, Charlotte, NC 28226 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Weddington Glen, SAW- 2021-00764 D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The review area is located on the west side of Weddington Matthews Road; approximately 2 miles south of the intersection of Weddington Matthews Road and Tilley Morris Road. PINS: 06120003, 0612000213, and 06123012. Reference review area description shown in Jurisdictional Determination Request package entitled "Figure 1, Vicinity Map" and dated 03/26/21. (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: NC County: Union City: Matthews Center coordinates of site (lat/long in degree decimal format): Latitude: 35.0333 Longitude:-80.7453 Universal Transverse Mercator: Name of nearest waterbody: Six -mile Creek E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ® Office (Desk) Determination. Date: 04/12/21 ❑ Field Determination. Date(s): TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION Feature Latitude Longitude Estimated Type of aquatic Geographic authority to (decimal (decimal amount of resources (i.e., which the aquatic degrees) degrees) aquatic wetland vs. non- resource "may be" resources in wetland waters) subject (i.e., Section 404 review area or Section 10/404) (acreage and linear feet, if applicable Stream A 35.0330 -80.7456 760 feet Non -Wetland 404 Stream B 35.0332 -80.7453 185 feet Non -Wetland 404 Stream BB 35.0332 -80.7447 175 feet Non -Wetland 404 Wetland C 35.0326 -80.7459 0.47 acre Wetland 404 Wetland D 35.0346 -80.7466 0.06 acre Wetland 404 Stream E 35.0343 -80.7469 930 feet Non -Wetland 404 Wetland F 35.0336 -80.7479 0.007 acre Wetland 404 Wetland G 35.0334 -80.7482 0.05 acre Wetland 404 Wetland H 35.0332 -80.7460 0.02 acre Wetland 404 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 AID 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 AID before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an AID could possibly result in less compensatory mitigation being required or different special conditions; (3) the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) undertaking any activity in reliance upon the subject permit authorization without requesting an AID 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 AID 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: ® Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Map: Figures, 1-6 ® Data sheets prepared/submitted by or on behalf of the PJD requestor. Datasheets: ® Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. Rationale: ❑ Data sheets prepared by the Corps: ❑Corps navigable waters' study: ❑U.S. Geological Survey Hydrologic Atlas: ❑USGS NHD data: ❑ USGS 8 and 12 digit HUC maps: ® U.S. Geological Survey map(s). Cite scale & quad name: Figure 3, USGS Mau (7.5-minute auadrangle Weddington and Matthews, NC) ®Natural Resources Conservation Service Soil Survey. Citation: Figure 4, NRCS Soil Survey Manuscript Mau (Soil Survey of Union County) ❑ National wetlands inventory map(s). Cite name: ❑ State/local wetland inventory map(s): ❑ FEMA/FIRM maps: ❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929) ® Photographs: ® Aerial (Name & Date): Figure 2, Aerial Map (Union County GIS Dated 2021), and Figure 6, Delineation Map (Dated 03/30/21) or ® Other (Name & Date): Photographs 1-4 (Dated 3/30/21) ❑ Previous determination(s). File no. and date of response letter: ® Other information (please specify): Figure 1, Vicinity Mau (Dated 03/26/21), Figure 5, Parcel Mau (Dated 03/26/21) and Stream Reach Evaluation Forms (Dated 03/30/21) 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. Bryan Roden -Reynolds 2021.04.13 10:32:28-04'00' Signature and date of Regulatory staff member completing PJD 04/13/2021 Signature and date of person requesting PJD (REQUIRED, unless obtaining the signature is impracticable)1 1 Districts may establish timeframes for requester to return signed PJD forms. If the requester does not respond within the established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action. sinIr _ NON -WETLAND PROJECT BOUNDARY f WATERS E + STUDY LIMITS -930 LF WETLAND D -0.06 AC WETLAND H -0.02 AC ■ rl \ \\i NCDEQ STREAM FORM E WETLAND G -0.05 AC USACE 2 - UPLAND NON -WETLAND DPI WATERS BB -175 LF 4 STREAM FORM A NON -WETLAND USACE WETAND WATERS A FORM C-CC -760 LF WETLAND C/CC = -0.47 AC NON -WETLAND WATERS B 1 LEGEND 185 LF Project boundary study limits 01V Stream 0 Wetland �i N ' Landscape photo direction I Acres: WEDDINGTON GLEN Prepared for: +/- 48.77 Union Co., NC CH LAND COMPANY Wetlands and Environmental Planning Group FIGURE Leonard S. Rindner, PULC. 6 DELINEATION MAP Drawn By: Reviewed By: 3/30/21 Subject to USACE/NCDEQ Verification NRN ALL 0) 904-2277 len.rindner@wetiands-epg.com Contact Name* Contact Email Address* Project Owner* Project Name* Project County* Owner Address:* Is this a transportation project?* Heath Caldwell heath.caldwell@wetlands-epg.com CH Land Weddington Glen Union Street Address 6412 Bannington Road Address Line 2 aty Charlotte Postal/ Zip axle 28226 (- Yes c: No Type(s) of approval sought from the DWR: W 401 Water Quality Certification - F 401 Water Quality Certification - Regular Express F Individual Permit F Modification F Shoreline Stabilization Does this project have an existing project ID#?* (- Yes c: No State / Province / 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 forthcoming PCN will include a request for a NWP 29 associated with one road crossing at the Weddington Glen site on 48.8 ac south of Hemby Road near its intersection with Weddington Matthews Road in Weddington, NC. There are four streams and five wetlands onsite. Please give a couple of dates you are available for a meeting. 5/14/2021 Please attach the documentation you would like to have the meeting about. 16157-BT WEDDINGTON MATTHEWS (3).pdf 1.15MB pdf only By digitally signing below, I certify that I have read and understood that per the Federal Clean Water Act Section 401 Certification Rule the following statements: This form completes the requirement of the Pre -Filing Meeting Request in the Clean Water Act Section 401 Certification Rule. 1 understand by signing this form that I cannot submit my application until 30 calendar days after this pre -filing meeting request. 1 also understand that DWR is not required to respond or grant the meeting request. Your project's thirty -day clock started upon receipt of this application. You will receive notification regarding meeting location and time if a meeting is necessary. You will receive notification when the thirty -day clock has expired, and you can submit an application. Signature * 4q. Submittal Date 4/14/2021 ROY COOPER Governor JOHN NICHOLSON Interim Secretary TIM BAUMGARTNER Director Mark Carpenter CH Land 6412 Bannington Road Charlotte, NC 28226 Project: Weddington Glen NORTH CAROLINA Environmental Quality June 21, 2021 Expiration of Acceptance: 12/21/2021 County: Union The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to accept payment for compensatory mitigation for impacts associated with the above referenced project as indicated in the table below. Note this decision does not assure that participation in the DMS in -lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will be approved. You must also comply with all other state, federal or local government permits, regulations or authorizations associated with the proposed activity including G.S. § 143-214.11. This acceptance is valid for six months from the date of this letter and is not transferable. If we have not received a copy of the issued 404 Permit/401 Certification within this time frame, this acceptance will expire. It is the applicant's responsibility to send copies of the permits to DMS. Once DMS receives a copy of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the in -lieu fee to be paid by an applicant is calculated based upon the Fee Schedule and policies listed on the DMS website. Based on the information supplied by you in your request to use the DMS, the impacts for which you are requesting compensatory mitigation credit are summarized in the following table. The amount of mitigation required and assigned to DMS for this impact is determined by permitting agencies and may exceed the impact amounts shown below. River Basin Impact Location (8-digit HUC) Impact Type Impact Quantity Catawba 03050103 Riparian Wetland 0.058 Catawba 03050103 Warm Stream 101.2 *DMS proposes to utilize the Catawba 03 Expanded Service Area to meet the mitigation requirement. Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The mitigation will be performed in accordance with the In -Lieu Fee Program instrument dated July 28, 2010. Thank you for your interest in the DMS in -lieu fee mitigation program. If you have any questions or need additional information, please contact Kelly.Williams@ncdenr.gov. Sincerely, FOR Ame�sStLfi�ll Asset Management Supervisor cc: Heath Caldwell, agent D EQ �� North Carolina Department of Environmental Quality Division of Mitigation Services 217 West Jones Street 1 1652 Mail Service Center I Raleigh, North Carolina 27699-1652 NORTH CAROLINA oePanmem or enmrommemai ouai� / 919.707.8976