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
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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.
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
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Determination Information
+F NON -WETLAND
WATERS E
-1,024 LF
-0.01T2 AC
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PROJECT BOUNDARY
STUDY LIMITS
WETLAND D _
-0.224 AC
WETLAND H
-0.041 AC ZOO,
NCDEQ STREAM
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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