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HomeMy WebLinkAbout20210748 Ver 1_ePCN Application_20210730DWR mrlslon 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 20210748 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: Flats at Whitehall la. Who is the Primary Contact?* Daniel Kuefler 1b. Primary Contact Email:* daniel.kuefier@mtlands-epg.com Date Submitted 7/30/2021 Nearest Body of Water Coffey Creek Basin Catawba Water Classification C Site Coordinates Latitude: Longitude: 35.148-80.9377 A. Processing Information County (or Counties) where the project is located: Mecklenburg 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:* (336)554-2728 Is this a courtesy copy notification?* r Yes r No ID# 20210748 Pre -fling Meeting or Request Date 4/12/2021 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.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 Version 1 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: 50.73KB 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: YFP Timber LLC 2b. Deed book and page no.: r Yes r No r Yes r No 2c.Contact Person: Rick Yager 2d.Address Street Address 1300 Altura Road Address tine 2 City Fort Mill Postal / Zip Code 29708 2e. Telephone Number: (336)554-2728 2g. Email Address:* daniel.kuefler@vvetlands-epg.com 3. Applicant Information (if different from owner) 3a. Name: Matt Rogers 3b. Business Name: Evolve Companies 3c.Address Street Address 2012 Eastwood Road Address tine 2 city Wilmington Postal / Zip Cade 28403 3d. Telephone Number: (336)554-2728 3f. Email Address:* amber.li psky@wetlands-epg.com 4. Agent/Consultant (if applicable) 4a. Name: Daniel Kuefler 4b. Business Name: Wetlands & Environmental Planning Group 4c.Address Street Address 10612-D Providence Road Address tine 2 PMB 550 City Charlotte Postal / Zip Cade 28277 4d. Telephone Number: (336)554-2728 4f. Email Address:* daniel.kuefier@v,etiands-epg.com C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (if appropriate) 1c. Nearest municipality / town: Charlotte 2, Project Identification Slate / Province / Flegion South Carolina Country USA 2f. Fax Number: State / Province / Rion NC Country USA 3e. Fax Number: State / Province / Ragion NC Country USA 4e. Fax Number: O 2a. Property Identification Number: 2b. Property size: 20130108 36.5 2c. Project Address Street Address Address Line 2 city State / Rovince / Region Postal / Zip Code Country 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* Coffey 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. 030501030103 4. Project Description and History 4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application:* The site is located just southwest of West Arrowood Road and just northeast of Interstate 485 in Charlotte, North Carolina. The elevation is 600 - 640 ft. The site consists of disturbed woodlands, wetlands and streams that flow into a small lake with a landscaped corridor along W. Arrowood Road. 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: 3.76 4g. List the total estimated linear feet of all existing streams on the property: 1,132 4h. Explain the purpose of the proposed project:* The proposed project consists of three road crossing and fill for a residential development. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* Fill and grading of the site will use standard equipment, excavator, dump truck, track hoe, etc. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* r Yes r No r 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-2021-00462 Sc. 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 3/8/21. A copy of the signed JD approval is included in the Approvals section. 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- Open Waters r" Pond Construction 2. Wetland Impacts r Buffers 2a. Site #* (?) 2a1 Reason (?) 2b. Impact type * (?) �2c. Type of W. 2d. W. name * 2e. Forested * 2f. Type of 2g. Impact Jurisdicition*(?) area* W1 Fill t Bottomland Hardwood Forest Wetland A Yes Corps 0.039 (acres) W2 Fill P ffornland Hardwood Forest Wetland A Yes Corps 0.006 (acres) 2g. Total Temporary Wetland Impact 0.000 2g. Total Wetland Impact 0.045 21. Comments: Impacts to Wetland A are for fill for retaining walls for a parking lot 3. Stream Impacts 2g. Total Permanent Wetland Impact 0.045 (?) Jurisdictio ❑ 3a. Reason for impact (?) 3b.lmpact type * 3c. Type of impact* 3d. S. name * 3e. Stream Type * 3f. Type of 3g. S. width * 3h. Impact n* length* S1 Road Crossing 9 Permanent Culvert -] Stream D Intermittent Corps P 6 Average (feet) 71 (linearfeet) S2 Road Crossing 9 Permanent Culvert Stream B Intermittent Corps P 9 Average (feet) 77 (lir�rfeel) 31. Total jurisdictional ditch impact in square feet: 31. Total permanent stream impacts: 148 31. Total stream and ditch impacts: 148 3i. Total temporary stream impacts: 3j. Comments: Crossing at Stream C will not result in any impacts. E. Impact Justification and Mitigation U 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 implementing retaining walls that are designed to avoid additional impacts due to rip rap, thus avoiding avoiding 87 % of onsite streams and 99 % 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 mapmum 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): F 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) 148 4d. Buffer mitigation requested (DWR only): (square feet) 4f. Non -riparian wetland mitigation requested: (acres) 0.0456 4c. If using stream mitigation, what is the stream temperature: warm 4e. Riparian wetland mitigation requested: (acres) 4g. Coastal (tidal) wetland mitigation requested: (acres) 4h. Comments A 2:1 ratio is proposed for wetland impacts. A ratio of 1.5:1 is proposed for stream impacts. CStormwater Management and Diffuse Flow Plan (required by DWR) 1. Diffuse Flow Plan la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? 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. City of Charlotte Comments: Storm ureter on the site will be handled by facilities shown on the attached plans (Johnston Lake). The stormwater plan has not yet been submitted to the City of Charlotte but will be designed to meet their criteria. Please refer to the 1994 Whitehall- 401 Water Quality Certification for additional information. 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 proposed. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR forth is project?* r Yes r Nor WA 4b. Describe, in detail, the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated at a treatment plant, list the capacity available at that plant. Wastewater generated on the site will be transported to the nearest treatment facility via sewer lines. 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or habitat?* 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 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 r Unknown 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 r No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?* No essential 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 6 No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* SHPO's website: https:Hnc.maps.arcgis.cory 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain?* r Yes r No 8c. What source(s) did you use to make the floodplain determination?* www.fema.gov https://polaris3g.mecklenburgcountync.gov/ Miscellaneous Please use the space below to attach all required documentation or any additional information you feel is helpful for application review. Documents should be combined into one file when possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred. Qick the upload button a drag and drop files here to attach document Flats at Whitehall PCN SUBMITTED.pdf 16.69MB File must be FOF or ME Comments A complete PCN package is attached. Signature V 17 By checking the box and signing below, I certify that: • The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief; and • The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request Within the applicable reasonable period of time. • I have given true, accurate, and complete information on this form; • I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); • I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act'); • I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND • I intend to electronically sign and submit the PCN form. Full Name: Daniel Kuefler Signature OlGelWCI;C-0It Date 7/30/2021 ROY COOPER Governor ELIZABETH S. BISER Secretary TIM BAUMGARTNER Director Matt Rogers Evolve Companies 2012 Eastwood Road Wilmington, NC 28403 NORTH CAROLINA Environmental Quality July 8, 2021 Expiration of Acceptance: 1/8/2022 Project: Flats at Whitehall County: Mecklenburg This is a conditional acceptance letter. The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to accept payment for compensatory mitigation for impacts associated with the above referenced project as indicated in the table below. Please note that this decision does not assure that participation in the DMS in -lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will be approved. You must also comply with all other state, federal or local government permits, regulations or authorizations associated with the proposed activity including G.S. § 143-214.11. This acceptance is valid for six months from the date of this letter and is not transferable. If we have not received a copy of the issued 404 Permit/401 Certification within this time frame, this acceptance will expire. It is the applicant's responsibility to send copies of the permits to DMS. Once DMS receives a copy of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the in -lieu fee to be paid by an applicant is calculated based upon the Fee Schedule and policies listed on the DMS website. Based on the information supplied by you in your request to use the DMS, the impacts for which you are requesting compensatory mitigation credit are summarized in the following table. The amount of mitigation required and assigned to DMS for this impact is determined by permitting agencies and may exceed the impact amounts shown below. River Basin Impact Location 8-di it HUC Impact Type Impact Quantity Catawba 03050103* Non -Riparian Wetland** 0.0456 Catawba 03050103* Warm Stream 148 *DMS proposes to utilize the Catawba 03 Expanded Service Area to meet the mitigation requirement. *Non -riparian wetland credit is not available in this service area. In accordance with the directive from the February 8, 2011 IRT meeting, non -riparian wetland impacts located in the mountain and piedmont areas of North Carolina can be accepted as requested, but mitigated utilizing riparian wetland mitigation credits. 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, At�dut� FOR James. B Stanfill Asset Management Supervisor cc: Amber Lipsky, agent DEQ �� North Carolina Department of Environmental Quality I Division of Mitigation Services _ 217 West Jones Street 1 1652 Mail Service Center I Raleigh, North Carolina 27699-1652 NORTH CAROLINA oePanmam of enm anmemai aueiN /� 919.707.8976 WEPG Preliminary ORM Data Entry Fields for New Actions Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. SAW — 2021 - 00462 BEGIN DATE [Received Date]: Prepare file folder ❑ 1. Project Name [PCN Form A2a]: Flats at Whitehall 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]: Evolve Companies (Applicant) 5. Agent / Consultant [PCN Form A5 —or ORM Consultant ID Number]: WEPG, PLLC c/o Daniel Kuefler 6. Related Action ID Number(s) [PCN Form 135b]: 7. Project Location - Coordinates, Street Address, and/or Location Description [PCN Form 131b]: 35.1480,-80.9377 south of W Arrowood Road, at intersection with Johnston Lake Drive 8. Project Location -Tax Parcel ID [PCN Form 131a]: 20130108 9. Project Location —County [PCN Form A2b]: Mecklenburg 10. Project Location — Nearest Municipality or Town [PCN Form A2c]: Charlotte 11. Project Information — Nearest Waterbody [PCN Form 132a]: Coffey 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 30, 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-2021-00462; Pre -Construction Notification for NWP #29 for the Flats at Whitehall site in Charlotte, Mecklenburg County, North Carolina Messrs. Roden -Reynolds, Johnson, Wcjoski, and Hamstead, Enclosed is a request for Nationwide Permit 929 for the Flats at Whitehall site on 36.5 acres located south of W Arrowood Road at the intersection with Johnston Lake Drive in Charlotte, NC. The site is a proposed residential development and consists of three streams, two wetlands, and one open water pond. A Preliminary Jurisdictional Determination Request was submitted for the proposed project and authorized on March 8, 2021. Please refer to the Jurisdictional Determination Information and Approvals/Authorizations sections for information on onsite surface waters. As shown on the attached exhibits, the proposed project will include permanent impacts to two streams and one wetland for road crossing access and lot fill. Overall impacts to site surface Charlotte Office: www.wetlands-epg.com Asheville Office: 10612-b Providence Rd. 1070 Tunnel Rd., Bldg. I PMB 550 Suite 10, PMB 283 Charlotte, NC 28277 Asheville, NC 28805 (704)904-2277 1 len.rindner@wetlands-epg.com Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. waters associated with the proposed development were limited through site selection location, design, and the location/orientation of the proposed lots and access routes. Retaining walls are proposed at each crossing and, where possible, 2:1 slopes will be implemented to limit impacts to site surface waters. It was not possible to minimize impacts further due to site layout and connectivity requirements. Stormwater will utilize the existing stormwater feature onsite. Please refer to the Supplementary Documentation section for more information. Total permanent impacts proposed include 148 linear feet (0.027 AC) of stream impact to Stream B and Stream D and 0.0456 acres of wetland impacts to Wetland A. Please refer to the Avoidance and Minimization narrative for additional information. The applicant has demonstrated substantial avoidance and minimization efforts in which 99% of the 1,132 acres of onsite wetlands and 87% of the 1,132 linear feet onsite streams 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 impacts to Stream B and Stream D. Wide buffers on the streams artificially elevate the NCSAM scores but a reduced ratio is proposed due to their altered pattern (historic ditching) and location within a highly urban setting. Please see the NCSAM/NCWAM section for additional information. 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, (336)554-2728 or email at daniel.kueflerkwetlands-epg.com. Sincerely, i Daniel Kuefler Environmental Scientist Charlotte Office: 10612-b Providence Rd. PMB 550 Charlotte, NC 28277 (704)904-2277 len.rindner@wetlands-epg.com www.wetiands-epg.com 2 Len Rindner, PWS Principal Asheville Office: 1070 Tunnel Rd., Bldg. I Suite 10, PMB 283 Asheville, NC 28805 C O V d d Q L. N CL Permit Application w A rE�QG T. Office Use Only: Corps action ID no. DWQ project no. Form Version 1.4 January 2009 Pre -Construction Notification (PCN) Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: ❑X Section 404 Permit ❑ Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: 29 or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? ❑ Yes ❑X No 1d. Type(s) of approval sought from the DWQ (check all that apply): ❑X 401 Water Quality Certification — Regular ❑ Non-404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ❑ Yes ❑X No For the record only for Corps Permit: ❑ Yes ❑X No 1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. ❑X Yes ❑ No 1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ❑ Yes ❑X No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ❑X No 2. Project Information 2a. Name of project: Flats at Whitehall 2b. County: Mecklenburg 2c. Nearest municipality / town: Charlotte 2d. Subdivision name: 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: YFP Timber LLC 3b. Deed Book and Page No. 3c. Responsible Party (for LLC if applicable): Rick Yager 3d. Street address: 1300 Altura Road 3e. City, state, zip: Fort Mill, SC 29708 3f. Telephone no.: (704)889-2500 3g. Fax no.: 3h. Email address: rick.yager@yagerconst.com Page 1 of 10 PCN Form — Version 1.4 January 2009 4. Applicant Information (if different from owner) 4a. Applicant is: ❑ Agent ❑X Other, specify: Developer 4b. Name: Matt Rogers 4c. Business name (if applicable): Evolve Companies 4d. Street address: 2012 Eastwood Road 4e. City, state, zip: Wilmington, NC 28403 4f. Telephone no.: (919)455-1051 4g. Fax no.: 4h. Email address: matt@evolvecos.com 5. Agent/Consultant Information (if applicable) 5a. Name: Daniel Kuefler 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.: (336)554-2728 5f. Fax no.: 5g. Email address: daniel.kuefler@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): 20130108 1 b. Site coordinates (in decimal degrees): Latitude: 35.148 Longitude:-80.9377 1c. Property size: 36.5 acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: Coffey 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 is located just southwest of West Arrowood Road and just northeast of Interstate 485 in Charlotte, North Carolina. The elevation is 600 - 640 ft. The site consists of disturbed woodlands, wetlands and streams that flow into a small lake with a landscaped corridor along W. Arrowood Road. 3b. List the total estimated acreage of all existing wetlands on the property: 3.76 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 1,132 3d. Explain the purpose of the proposed project: The proposed project consists of three road crossing and fill for a residential development. 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-2021-00462 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 (USACE) on 3/8/21. A copy of the signed JD approval is included in the Approvals section. 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. Verbal confirmation from Scott Jones (USAGE) that this is a separate project from past surrounding developments 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 Fill Bottomland Hardwood Forest Yes Corps 0.0398 W2 P Fill Bottomland Hardwood Forest Yes Corps 0.0058 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: 0.0456 2h. Comments: Impacts to Wetland A are for fill for retaining walls for a parking lot 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. Stream impact number Permanent (P) or Temporary (T) 3b. Type of impact 3c. Stream name 3d. Perennial (PER) or intermittent (INT)? 3e. Type of jurisdiction 3f. Average stream width (feet) 3g. Impact length (linear feet) S1 P Culvert Stream D INT Corps 6 71 S2 P Culvert Stream B INT Corps 9 77 S3 Choose one S4 Choose one S5 Choose one S6 Choose one 3h. Total stream and tributary impacts 148 3i. Comments: Crossing at Stream C will not result in any impacts. 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 implementing retaining walls that are designed to avoid additional impacts due to rip rap, thus avoiding avoiding 87% of onsite streams and 99% 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. ❑X Yes 4b. Stream mitigation requested: 148 linear feet 4c. If using stream mitigation, stream temperature: warm 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non -riparian wetland mitigation requested: 0.0456 acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: A 2:1 ratio is proposed for site impacts. A ratio of 1.5:1 is proposed for stream 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? 35 % 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 (Johnston Lake). The stormwater plan has not yet been submitted to the City of Charlotte but will be designed to meet their criteria. Please refer to the 1994 Whitehall- 401 Water Quality Certification for additional information. 2e. Who will be responsible for the review of the Stormwater Management Plan? City of Charlotte 3. Certified Local Government Stormwater Review 3a. In which localgovernment's jurisdiction is thisproject? City of Charlotte ❑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 proposed. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. Wastewater generated on the site will be transported to the nearest treatment facility via sewer lines. Page 9 of 10 PCN Form — Version 1.4 January 2009 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or ❑ 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 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/ 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 https://polaris3g.meeklenburgcountyne.gov/ 2- Daniel Kuefler '/ 07-30-2021 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 WEPG Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. 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). Proj ect/Site Name: Flats at Whitehall Property Address: south of W Arrowood Road, at intersection with Johnston Lake Drive Parcel Identification Number (PIN): 20130108 Select one: I am other O Name: Matt Rogers Company: Evolve Companies Mailing Address: 2012 Eastwood Road, Wilmington NC 28403 Telephone Number: (919)455-1051 Electronic Mail Address: matt@evolvecos.com Property Owner / Interested Buyer* / Other* 2-24-2021 Date * 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: www.wetlands-epg.com Asheville Office: 10612-D Providence Rd. 1070 Tunnel Rd., Bldg. PMB 550 Suite 10, PM 283 Charlotte, NC 28277 Asheville, NC 28805 (704)904-2277 len. rindner@wetiands-epg.com ROY COOPER Governor ELIZABETH S. BISER Secretary TIM BAUMGARTNER Director Matt Rogers Evolve Companies 2012 Eastwood Road Wilmington, NC 28403 NORTH CAROLINA Environmental Quality July 8, 2021 Expiration of Acceptance: 1/8/2022 Project: Flats at Whitehall County: Mecklenburg This is a conditional acceptance letter. The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to accept payment for compensatory mitigation for impacts associated with the above referenced project as indicated in the table below. Please note that this decision does not assure that participation in the DMS in -lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will be approved. You must also comply with all other state, federal or local government permits, regulations or authorizations associated with the proposed activity including G.S. § 143-214.11. This acceptance is valid for six months from the date of this letter and is not transferable. If we have not received a copy of the issued 404 Permit/401 Certification within this time frame, this acceptance will expire. It is the applicant's responsibility to send copies of the permits to DMS. Once DMS receives a copy of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the in -lieu fee to be paid by an applicant is calculated based upon the Fee Schedule and policies listed on the DMS website. Based on the information supplied by you in your request to use the DMS, the impacts for which you are requesting compensatory mitigation credit are summarized in the following table. The amount of mitigation required and assigned to DMS for this impact is determined by permitting agencies and may exceed the impact amounts shown below. River Basin Impact Location 8-di it HUC Impact Type Impact Quantity Catawba 03050103* Non -Riparian Wetland** 0.0456 Catawba 03050103* Warm Stream 148 *DMS proposes to utilize the Catawba 03 Expanded Service Area to meet the mitigation requirement. *Non -riparian wetland credit is not available in this service area. In accordance with the directive from the February 8, 2011 IRT meeting, non -riparian wetland impacts located in the mountain and piedmont areas of North Carolina can be accepted as requested, but mitigated utilizing riparian wetland mitigation credits. 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, At�dut� FOR James. 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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): Flats at Whitehall 3. Applicant/owner name: Evolve Companies 5. County: Mecklenburg 7. River basin: Catawba Date of evaluation: 7/27/2021 Assessor name/organization: Nearest named water body on USGS 7.5-minute quad: H.Caldwell/WEPG 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 B 10. Length of assessment reach evaluated (feet): 200 11. Channel depth from bed (in riffle, if present) to top of bank (feet): 2.5 ❑Unable to assess channel depth. 12. Channel width at top of bank (feet): 8 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) 01 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 CD ❑G Submerged aquatic vegetation ❑B Multiple sticks and/or leaf packs and/or emergent o Y ❑H Low -tide refugia (pools) vegetation Y rC ❑1 Sand bottom ❑C Multiple snags and logs (including lap trees) r ❑J 5% vertical bank along the marsh ®D 5% undercut banks and/or root mats and/or roots ❑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 ipod/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 ❑ ❑ Sala manders/tad poles ❑ ®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) HE 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: Stream historically straightened in the area. Adjacent to highway and residential multi-family/commercial use. Draft NIC SAM Stream Rating Sheet Accompanies User Manual Version 2.1 Stream Site Name Flats at Whitehall Date of Assessment 7/27/2021 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) Perennial USACE/ NCDWR Function Class Rating Summary All Streams Intermittent (1) Hydrology HIGH (2) Baseflow MEDIUM (2) Flood Flow HIGH (3) Streamside Area Attenuation HIGH (4) Floodplain Access MEDIUM (4) Wooded Riparian Buffer HIGH (4) Microtopography HIGH (3) Stream Stability HIGH (4) Channel Stability HIGH (4) Sediment Transport HIGH (4) Stream Geomorphology MEDIUM (2) Stream/Intertidal Zone Interaction NA (2) Longitudinal Tidal Flow NA (2) Tidal Marsh Stream Stability NA (3) Tidal Marsh Channel Stability NA (3) Tidal Marsh Stream Geomorphology NA (1) Water Quality MEDIUM (2) Baseflow MEDIUM (2) Streamside Area Vegetation HIGH (3) Upland Pollutant Filtration HIGH (3) Thermoregulation MEDIUM (2) Indicators of Stressors NO (2) Aquatic Life Tolerance LOW (2) Intertidal Zone Filtration NA (1) Habitat HIGH (2) In -stream Habitat HIGH (3) Baseflow MEDIUM (3) Substrate HIGH (3) Stream Stability HIGH (3) In -stream Habitat HIGH (2) Stream -side Habitat HIGH (3) Stream -side Habitat HIGH (3) Thermoregulation MEDIUM (2) Tidal Marsh In -stream Habitat NA (3) Flow Restriction NA (3) Tidal Marsh Stream Stability NA (4) Tidal Marsh Channel Stability NA (4) Tidal Marsh Stream Geomorphology NA (3) Tidal Marsh In -stream Habitat NA (2) Intertidal Zone NA Overall HIGH NC SAM FIELD ASSESSMENT RESULTS Accompanies User Manual Version 2.1 USACE AID #: SAW-2021-00462 NCDWR #: 20210748 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): Flats at Whitehall 3. Applicant/owner name: Evolve Companies 5. County: Mecklenburg 7. River basin: Catawba Date of evaluation: 7/27/2021 Assessor name/organization: Nearest named water body on USGS 7.5-minute quad: H.Caldwell/WEPG Creek 8. Site coordinates (decimal degrees, at lower end of assessment reach): 35.14871 N/-80.93799W STREAM INFORMATION: (depth and width can be approximations) 9. Site number (show on attached map): Stream D 10. Length of assessment reach evaluated (feet): 200 11. Channel depth from bed (in riffle, if present) to top of bank (feet): 1 ❑Unable to assess channel depth. 12. Channel width at top of bank (feet): 3.5 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) 01 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 F, W ❑F 5% oysters or other natural hard bottoms (include liverworts, lichens, and algal mats) F CD ❑G Submerged aquatic vegetation ❑B Multiple sticks and/or leaf packs and/or emergent o Y ❑H Low -tide refugia (pools) vegetation Y r ❑1 Sand bottom ❑C Multiple snags and logs (including lap trees) rCD ❑J 5% vertical bank along the marsh ®D 5% undercut banks and/or root mats and/or roots ❑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 ipod/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 ❑ ❑ Sala manders/tad poles ❑ ®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) HE 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: Stream historically straightened in the area. Adjacent to highway and residential multi -family. Draft NIC SAM Stream Rating Sheet Accompanies User Manual Version 2.1 Stream Site Name Flats at Whitehall Date of Assessment 7/27/2021 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 HIGH HIGH (2) Baseflow MEDIUM MEDIUM (2) Flood Flow HIGH HIGH (3) Streamside Area Attenuation HIGH HIGH (4) Floodplain Access MEDIUM MEDIUM (4) Wooded Riparian Buffer HIGH HIGH (4) Microtopography HIGH HIGH (3) Stream Stability HIGH HIGH (4) Channel Stability HIGH HIGH (4) Sediment Transport HIGH HIGH (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 HIGH HIGH (3) Upland Pollutant Filtration HIGH HIGH (3) Thermoregulation MEDIUM MEDIUM (2) Indicators of Stressors NO NO (2) Aquatic Life Tolerance LOW NA (2) Intertidal Zone Filtration NA NA (1) Habitat HIGH HIGH (2) In -stream Habitat HIGH HIGH (3) Baseflow MEDIUM MEDIUM (3) Substrate HIGH HIGH (3) Stream Stability HIGH HIGH (3) In -stream Habitat HIGH HIGH (2) Stream -side Habitat HIGH HIGH (3) Stream -side Habitat HIGH HIGH (3) Thermoregulation MEDIUM MEDIUM (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 HIGH HIGH NC WAM FIELD ASSESSMENT FORM /YIIVIIIF.lQIIICJ VJCI IYIQIIVQI Y=[a VII J.V USACE AID # SAW-2021-00462 NCDWR# 20210748 Project Name Flats at Whitehall Date of Evaluation 7/27/2021 Applicant/Owner Name Evolve Companies Wetland Site Name Wetland A Wetland Type Headwater Forest Assessor Name/Organization H.Caldwell/WEPG Level III Ecoregion Piedmont Nearest Named Water Body Coffey Creek River Basin Catawba USGS 8-Digit Catalogue Unit 03050103 County Mecklenburg NCDWR Region Mooresville F- Yes M No Precipitation within 48 hrs? Latitude/Longitude (deci-degrees) 35.14775N/-80.93779W Evidence of stressors affecting the assessment area (may not be within the assessment area) Please circle and/or make note on the last page if evidence of stressors is apparent. Consider departure from reference, if appropriate, in recent past (for instance, within 10 years). Noteworthy stressors include, but are not limited to the following. • Hydrological modifications (examples: ditches, dams, beaver dams, dikes, berms, ponds, etc.) • Surface and sub -surface discharges into the wetland (examples: discharges containing obvious pollutants, presence of nearby septic tanks, underground storage tanks (USTs), hog lagoons, etc.) • Signs of vegetation stress (examples: vegetation mortality, insect damage, disease, storm damage, salt intrusion, etc.) • Habitat/plant community alteration (examples: mowing, clear -cutting, exotics, etc.) Is the assessment area intensively managed? ❑ Yes ® No Regulatory Considerations - Were regulatory considerations evaluated? ®Yes ❑No If Yes, check all that apply to the assessment area. ❑ Anadromous fish ❑ Federally protected species or State endangered or threatened species ❑ NCDWR riparian buffer rule in effect ❑ Abuts a Primary Nursery Area (PNA) ❑ Publicly owned property ❑ N.C. Division of Coastal Management Area of Environmental Concern (AEC) (including buffer) ❑ Abuts a stream with a NCDWQ classification of SA or supplemental classifications of HQW, ORW, or Trout ❑ Designated NCNHP reference community ❑ Abuts a 303(d)-listed stream or a tributary to a 303(d)-listed stream What type of natural stream is associated with the wetland, if any? (check all that apply) ❑ Blackwater ® Brownwater ❑ Tidal (if tidal, check one of the following boxes) ❑ Lunar ❑ Wind ❑ Both Is the assessment area on a coastal island? ❑ Yes ® No Is the assessment area's surface water storage capacity or duration substantially altered by beaver? ❑ Yes ® No Does the assessment area experience overbank flooding during normal rainfall conditions? ® Yes ❑ No 1. Ground Surface Condition/Vegetation Condition — assessment area condition metric Check a box in each column. Consider alteration to the ground surface (GS) in the assessment area and vegetation structure (VS) in the assessment area. Compare to reference wetland if applicable (see User Manual). If a reference is not applicable, then rate the assessment area based on evidence an effect. GS VS ®A ®A Not severely altered ❑B ❑B Severely altered over a majority of the assessment area (ground surface alteration examples: vehicle tracks, excessive sedimentation, fire -plow lanes, skidder tracks, bedding, fill, soil compaction, obvious pollutants) (vegetation structure alteration examples: mechanical disturbance, herbicides, salt intrusion [where appropriate], exotic species, grazing, less diversity [if appropriate], hydrologic alteration) Surface and Sub -Surface Storage Capacity and Duration — assessment area condition metric Check a box in each column. Consider surface storage capacity and duration (Surf) and sub -surface storage capacity and duration (Sub). Consider both increase and decrease in hydrology. A ditch <_ 1 foot deep is considered to affect surface water only, while a ditch > 1 foot deep is expected to affect both surface and sub -surface water. Consider tidal flooding regime, if applicable. Surf Sub ❑A ®A Water storage capacity and duration are not altered. ®B ❑B Water storage capacity or duration are altered, but not substantially (typically, not sufficient to change vegetation). ❑C ❑C Water storage capacity or duration are substantially altered (typically, alteration sufficient to result in vegetation change ) (examples: draining, flooding, soil compaction, filling, excessive sedimentation, underground utility lines). Water Storage/Surface Relief — assessment area/wetland type condition metric (skip for all marshes) Check a box in each column. Select the appropriate storage for the assessment area (AA) and the wetland type (WT). AA WT 3a. ❑A ❑A Majority of wetland with depressions able to pond water > 1 deep ❑B ❑B Majority of wetland with depressions able to pond water 6 inches to 1 foot deep ❑C ❑C Majority of wetland with depressions able to pond water 3 to 6 inches deep ®D ®D Depressions able to pond water < 3 inches deep 3b. ®A Evidence that maximum depth of inundation is greater than 2 feet ❑B Evidence that maximum depth of inundation is between 1 and 2 feet ❑C Evidence that maximum depth of inundation is less than 1 foot 4. Soil Texture/Structure - assessment area condition metric (skip for all marshes) Check a box from each of the three soil property groups below. Dig soil profile in the dominant assessment area landscape feature. Make soil observations within the top 12 inches. Use most recent National Technical Committee for Hydric Soils guidance for regional indicators. 4a. ❑A Sandy soil ®B Loamy or clayey soils exhibiting redoximorphic features (concentrations, depletions, or rhizospheres) ❑C Loamy or clayey soils not exhibiting redoximorphic features ❑D Loamy or clayey gleyed soil ❑E Histosol or histic epipedon 4b. ❑A Soil ribbon < 1 inch ®B Soil ribbon >_ 1 inch 4c. ®A No peat or muck presence ❑B A peat or muck presence Discharge into Wetland - opportunity metric Check a box in each column. Consider surface pollutants or discharges (Surf) and sub -surface pollutants or discharges (Sub). Examples of sub -surface discharges include presence of nearby septic tank, underground storage tank (UST), etc. Surf Sub ❑A ®A Little or no evidence of pollutants or discharges entering the assessment area ®B ❑B Noticeable evidence of pollutants or discharges entering the wetland and stressing, but not overwhelming the treatment capacity of the assessment area El ❑C Noticeable evidence of pollutants or discharges (pathogen, particulate, or soluble) entering the assessment area and potentially overwhelming the treatment capacity of the wetland (water discoloration, dead vegetation, excessive sedimentation, odor) 6. Land Use - opportunity metric (skip for non -riparian wetlands) Check all that apply (at least one box in each column). Evaluation involves a GIS effort with field adjustment. Consider sources draining to assessment area within entire upstream watershed (WS), within 5 miles and within the watershed draining to the assessment area (5M), and within 2 miles and within the watershed draining to the assessment area (2M). WS 5M 2M ®A ®A ®A > 10% impervious surfaces ❑B ❑B ❑B Confined animal operations (or other local, concentrated source of pollutants El El El >_ 20% coverage of pasture ❑D ❑D ❑D >_ 20% coverage of agricultural land (regularly plowed land) ❑E ❑E ❑E >_ 20% coverage of maintained grass/herb ❑F ❑F ❑F >_ 20% coverage of clear-cut land ❑G ❑G ❑G Little or no opportunity to improve water quality. Lack of opportunity may result from little or no disturbance in the watershed or hydrologic alterations that prevent drainage and/or overbank flow from affecting the assessment area. 7. Wetland Acting as Vegetated Buffer - assessment area/wetland complex condition metric (skip for non -riparian wetlands) 7a. Is assessment area within 50 feet of a tributary or other open water? ®Yes ❑No If Yes, continue to 7b. If No, skip to Metric 8. Wetland buffer need only be present on one side of the water body. Make buffer judgment based on the average width of wetland. Record a note if a portion of the buffer has been removed or disturbed. 7b. How much of the first 50 feet from the bank is wetland? (Wetland buffer need only be present on one side of the .water body. Make bufferjudgment based on the average width of wetland. Record a note if a portion of the buffer has been removed or disturbed.) ❑A >_ 50 feet ®B From 30 to < 50 feet ❑C From 15 to < 30 feet ❑D From 5 to < 15 feet ❑E < 5 feet or buffer bypassed by ditches 7c. Tributary width. If the tributary is anastomosed, combine widths of channels/braids for a total width. ®<- 15-feet wide ❑> 15-feet wide ❑ Other open water (no tributary present) 7d. Do roots of assessment area vegetation extend into the bank of the tributary/open water? ®Yes ❑No 7e. Is stream or other open water sheltered or exposed? ®Sheltered - adjacent open water with width < 2500 feet and no regular boat traffic. ❑Exposed - adjacent open water with width >_ 2500 feet or regular boat traffic. Wetland Width at the Assessment Area - wetland type/wetland complex condition metric (evaluate WT for all marshes and Estuarine Woody Wetland only; evaluate WC for Bottomland Hardwood Forest, Headwater Forest, and Riverine Swamp Forest only) Check a box in each column for riverine wetlands only. Select the average width for the wetland type at the assessment area (WT) and the wetland complex at the assessment area (WC). See User Manual for WT and WC boundaries. WT WC ❑A ❑A >_ 100 feet ❑B ®B From 80 to < 100 feet ❑C ❑C From 50 to < 80 feet ❑D ❑D From 40 to < 50 feet ❑E ❑E From 30 to < 40 feet ❑F ❑F From 15 to < 30 feet ❑G ❑G From 5 to < 15 feet ❑H ❑H < 5 feet 9. Inundation Duration — assessment area condition metric (skip for non -riparian wetlands) Answer for assessment area dominant landform. ®A Evidence of short -duration inundation (< 7 consecutive days) ❑B Evidence of saturation, without evidence of inundation ❑C Evidence of long -duration inundation or very long -duration inundation (7 to 30 consecutive days or more) 10. Indicators of Deposition — assessment area condition metric (skip for non -riparian wetlands and all marshes) Consider recent deposition only (no plant growth since deposition). ®A Sediment deposition is not excessive, but at approximately natural levels. ❑B Sediment deposition is excessive, but not overwhelming the wetland. ❑C Sediment deposition is excessive and is overwhelming the wetland. 11. Wetland Size — wetland type/wetland complex condition metric Check a box in each column. Involves a GIS effort with field adjustment. This metric evaluates three aspects of the wetland area: the size of the wetland type (WT), the size of the wetland complex (WC), and the size of the forested wetland (FW) (if applicable, see User Manual). See the User Manual for boundaries of these evaluation areas. If assessment area is clear-cut, select "K" for the FW column. WT WC FW (if applicable) ❑A ❑A ❑A >_ 500 acres ❑B ❑B ❑B From 100 to < 500 acres ❑C ❑C ❑C From 50 to < 100 acres ❑D ❑D ❑D From 25 to < 50 acres ❑E ❑E ❑E From 10 to < 25 acres ❑F ❑F ❑F From 5 to < 10 acres ®G ®G ®G From 1 to < 5 acres ❑H ❑H ❑H From 0.5 to < 1 acre ❑l ❑l ❑1 From 0.1 to < 0.5 acre ❑J ❑J ❑J From 0.01 to < 0.1 acre ❑K ❑K ❑K < 0.01 acre or assessment area is clear-cut 12. Wetland Intactness — wetland type condition metric (evaluate for Pocosins only) ❑A Pocosin is the full extent (>_ 90%) of its natural landscape size. ❑B Pocosin type is < 90% of the full extent of its natural landscape size. 13. Connectivity to Other Natural Areas — landscape condition metric 13a. Check appropriate box(es) (a box may be checked in each column). Involves a GIS effort with field adjustment. This metric evaluates whether the wetland is well connected (Well) and/or loosely connected (Loosely) to the landscape patch, the contiguous naturally vegetated area and open water (if appropriate). Boundaries are formed by four -lane roads, regularly maintained utility line corridors the width of a four -lane road or wider, urban landscapes, maintained fields (pasture and agriculture), or open water > 300 feet wide. Well Loosely ❑A ❑A >_ 500 acres ❑B ❑B From 100 to < 500 acres ❑C ®C From 50 to < 100 acres ®D ❑D From 10 to < 50 acres ❑E ❑E < 10 acres ❑F ❑F Wetland type has a poor or no connection to other natural habitats 13b. Evaluate for marshes only. ❑Yes ❑No Wetland type has a surface hydrology connection to open waters/stream or tidal wetlands. 14. Edge Effect — wetland type condition metric (skip for all marshes and Estuarine Woody Wetland) May involve a GIS effort with field adjustment. Estimate distance from wetland type boundary to artificial edges. Artificial edges include non -forested areas >_ 40 feet wide such as fields, development, roads, regularly maintained utility line corridors, and clear -cuts. Consider the eight main points of the compass. Artificial edge occurs within 150 feet in how many directions? If the assessment area is clear cut, select option "C." ❑A 0 ®B 1 to 4 ❑C 5to8 15. Vegetative Composition — assessment area condition metric (skip for all marshes and Pine Flat) ❑A Vegetation is close to reference condition in species present and their proportions. Lower strata composed of appropriate species, with exotic plants absent or sparse within the assessment area. ®B Vegetation is different from reference condition in species diversity or proportions, but still largely composed of native species characteristic of the wetland type. This may include communities of weedy native species that develop after clearcutting or clearing. It also includes communities with exotics present, but not dominant, over a large portion of the expected strata. ❑C Vegetation severely altered from reference in composition, or expected species are unnaturally absent (planted stands of non - characteristic species or at least one stratum inappropriately composed of a single species), or exotic species are dominant in at least one stratum. 16. Vegetative Diversity — assessment area condition metric (evaluate for Non -tidal Freshwater Marsh only) ❑A Vegetation diversity is high and is composed primarily of native species (< 10% cover of exotics). ®B Vegetation diversity is low or has > 10% to 50% cover of exotics. ❑C Vegetation is dominated by exotic species (> 50 % cover of exotics). 17. Vegetative Structure — assessment area/wetland type condition metric 17a. Is vegetation present? ®Yes ❑No If Yes, continue to 17b. If No, skip to Metric 18. 17b. Evaluate percent coverage of assessment area vegetation for all marshes only. Skip to 17c for non -marsh wetlands. ®A >_ 25% coverage of vegetation ❑B < 25% coverage of vegetation 17c. Check a box in each column for each stratum. Evaluate this portion of the metric for non -marsh wetlands. Consider structure in airspace above the assessment area (AA) and the wetland type (WT) separately. AA WT o❑A ❑A Canopy closed, or nearly closed, with natural gaps associated with natural processes c ®B ®B Canopy present, but opened more than natural gaps U ❑C El Canopy sparse or absent >, o ❑A ❑A Dense mid-story/sapling layer ®B ®B Moderate density mid-story/sapling layer ❑C El Mid-story/sapling layer sparse or absent ❑A ❑A Dense shrub layer t ❑B ❑B Moderate density shrub layer U) ®C ®C Shrub layer sparse or absent n ®A ®A Dense herb layer ❑B ❑B Moderate density herb layer El El Herb layer sparse or absent 18. Snags — wetland type condition metric (skip for all marshes) ❑A Large snags (more than one) are visible (> 12 inches DBH, or large relative to species present and landscape stability). ®B Not 19. Diameter Class Distribution — wetland type condition metric (skip for all marshes) ❑A Majority of canopy trees have stems > 6 inches in diameter at breast height (DBH); many large trees (> 12 inches DBH) are present. ®B Majority of canopy trees have stems between 6 and 12 inches DBH, few are > 12 inch DBH. ❑C Majority of canopy trees are < 6 inches DBH or no trees. 20. Large Woody Debris — wetland type condition metric (skip for all marshes) Include both natural debris and man -placed natural debris. ®A Large logs (more than one) are visible (> 12 inches in diameter, or large relative to species present and landscape stability). ❑B Not 21. Vegetation/Open Water Dispersion — wetland type/open water condition metric (evaluate for Non -Tidal Freshwater Marsh only) Select the figure that best describes the amount of interspersion between vegetation and open water in the growing season. Patterned areas indicate vegetated areas, while solid white areas indicate open water. ®A ❑B ❑C ❑D s i 22. Hydrologic Connectivity — assessment area condition metric (evaluate for riparian wetlands and Salt/Brackish Marsh only) Examples of activities that may severely alter hydrologic connectivity include intensive ditching, fill, sedimentation, channelization, diversion, man-made berms, beaver dams, and stream incision. Documentation required if evaluated as B, C, or D. ®A Overbank and overland flow are not severely altered in the assessment area. ❑B Overbank flow is severely altered in the assessment area. ❑C Overland flow is severely altered in the assessment area. ❑D Both overbank and overland flow are severely altered in the assessment area. Notes Forested wetland adjacent to three tributaries and a large pond. NC WAM Wetland Rating Sheet Accompanies User Manual Version 5.0 Wetland Site Name Wetland A Wetland Type Headwater Forest Date of Assessment 7/27/2021 Assessor Name/Organization H.Caldwell/WEPG Notes on Field Assessment Form (Y/N) YES Presence of regulatory considerations (Y/N) NO Wetland is intensively managed (Y/N) NO Assessment area is located within 50 feet of a natural tributary or other open water (Y/N) YES Assessment area is substantially altered by beaver (Y/N) NO Assessment area experiences overbank flooding during normal rainfall conditions (Y/N) YES Assessment area is on a coastal island (Y/N) NO Sub -function Ratina Summa Function Sub -function Metrics Rating Hydrology Surface Storage and Retention Condition MEDIUM Sub -surface Storage and Retention Condition MEDIUM Water Quality Pathogen Change Condition HIGH Condition/Opportunity HIGH Opportunity Presence (Y/N) YES Particulate Change Condition HIGH Condition/Opportunity NA Opportunity Presence (Y/N) NA Soluble Change Condition HIGH Condition/Opportunity HIGH Opportunity Presence (Y/N) YES Physical Change Condition HIGH Condition/Opportunity HIGH Opportunity Presence (Y/N) YES Pollution Change Condition NA Condition/Opportunity NA Opportunity Presence (Y/N) NA Habitat Physical Structure Condition MEDIUM Landscape Patch Structure Condition HIGH Vegetation Composition Condition MEDIUM Function Ratina Summa Function Metrics Rating Hydrology Condition MEDIUM Water Quality Condition HIGH Condition/Opportunity HIGH Opportunity Presence (Y/N) YES Habitat Condition HIGH Overall Wetland Rating HIGH O .4—j c� .E v v we jurisdictional Determination Information U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2021-00462 County: Mecklenburg U.S.G.S. Quad: NC- Charlotte West NOTIFICATION OF JURISDICTIONAL DETERMINATION Requestor: Evolve Companies Matt Rogers Address: 2012 Eastwood Road Wilmington, NC 28403 Telephone Number: (919)455-1051 E-mail: mattOevolvecos.com Size (acres) 36.5 Nearest Town Charlotte Nearest Waterway Coffey Creek River Basin Santee USGS HUC 03050103 Coordinates Latitude: 35.1480 Longitude:-80.9377 Location description: The review area is located on the west side of W. Arrowood Road; approximately 0.3 miles north of the intersection of W. Arrowood Road and S. Tryon Street. PIN: 20130108. Reference review area description in Jurisdictional Determination Request package entitled "Figure 1, Vicinity Map" and dated 01/06/21. 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 1/7/2021. 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. ❑ The waters, including wetlands on your project area/property have been delineated and the delineation has been verified by the Corps. The approximate boundaries of these waters are shown on the enclosed delineation map dated DATE. We strongly SAW-2021-00462 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-rynolds( )usace.army.mil. C. Basis For Determination: Basis For Determination: See the preliminary jurisdictional determination form dated 03/08/2021. 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/deternimation 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.** Corps Regulatory Official: Date of JD: 03/08/2021 Expiration Date of JD: Not applicable Bryan Roden -Reynolds 2021.03.0811:40:57-05'00' a w Q v 0 Ln E ? QQ N LL �r. U LU LA co Ln a Ln w a a co0 LLI0 J J may r CL -j a' •� co LL ... i'ti� r u LUQ LU 0) 0LU _ � v . ..._ ,.. .._ r LU __ _ 0 V _ •._-_ -J Q U Z Q Q LU : Q � LU Z :� Ln v W C O Y. * i'r LL N cn �ati`O m a a "'• V z Q a J o C N `O W V Z a O LL 0 w C0 z W 14 ui z s�47" LU VS r G1 - 42 ` J oc a W = CA- w 0 ° E H z - a)OC oo O o 00 z _ _ W 00 ;. Z _ _ LU • '� _ _ _ - • u LOA 0 U O a- J i O Q v oC 22 Threatened & Endangered Species Report Q a E CD Q O E O Q co n_ E N O O U N Q N a) O C co 2 V a) co U L co V a) co U L co a) T- AE O U a) Q a) U) C co co O V N = I N Y co n 0 > p n_ .. 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Rindner, PLLC. Threatened / Endangered / Protected Species Evaluation For: Flats at Whitehall Mecklenburg County, North Carolina By: Lisa R. Gaffney Biologist Field investigation conducted March 26 and May 13, 2021 Charlotte Office: 10612-D Providence Rd. PMB 550 Charlotte, NC 28277 (704) 904-2277 I en. ri nd ner@wet Ian ds -epg. co m www.wetiands-epg.com Ashesrile Office: 1070 Tunnel Rd., Bldg. I Suite 10, PMB 283 Asheville, NC 28805 Flats at Whitehall - Threatened /Endangered /Protected Species Evaluation GENERAL LANDSCAPE DESCRIPTION: The Flats at Whitehall site (+/- 36.5 acres) is located just southwest of West Arrowood Road and just northeast of Interstate 485 in Charlotte, North Carolina. It can be found on the Charlotte W, NC USGS Topographic Quadrangle Map-, latitude is 35.1480 N, longitude is-80.9377 W. The elevation is 600 - 640 ft. The site consists of disturbed woodlands, wetlands and streams that flow into a small lake with a landscaped corridor along W. Arrowood Road. (Figure 1). Figure 1: ,L � �� �; �:� , , ---�� � � •. � � ; _ Y _sue � �' '' Orly is so COFFEY CREEiS 73 � - - Fes-- - .r ! � y.. ►A 7i PROPERTY BOUNDARY • - - STUDY LIMIT5 J 36.S +1- Acres 690 �I= :chi: •. �: .L ' ` OJ6 ? • �� `'Q1. yea r�if; _ LOCATION Lat: 35.1480 °N • .�•.+• • ' •' • V • 3- - ,c` SCALE USGS QUAD Long:-80.9377 °W ChaTiottew, HUC:03050103 1:24,E 00 NC 1993 LOWER CATAWBR IWEPG ea — Prepared For: HAWTHORNE AT WHITEHALL Drawn BV: Reviewed By: FIGURE 1 McrkIon burg Co., NC BILK USGS MAP 01106120 For study put po%15 vn ly -Subject to USA CE/NCCE4 verification Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. Flats at Whitehall - Threatened /Endangered /Protected Species Evaluation METHODOLOGY: The US Fish and Wildlife Service website http://www.fws.gov/endangered/ was referenced to determine the occurrence of Threatened, Endangered and Protected species for Mecklenburg County North Carolina, the results of which are listed below (Table 1). Maps and aerial photographs were assembled, and the site was investigated March 26 and May 13, 2021. Table 1: Threatened / Endangered / Protected Species listed for Mecklenburg County County: Mecklenburg, NC *Source: US Fish & Wildlife Service **Data search on March 26, 2021 Group Name Status Record Status Invertebrate Carolina Heelsplitter (Lasmigona Endangered Current decorata Invertebrate Rusty -patched Bumble Bee Endangered Historic (Bombus affinis) Vascular Plants Smooth Coneflower (Echinacea Endangered laevi ata Vascular Plants Schweinitz's Sunflower (Helianthus Endangered schweinitzii) Vascular Plants Michaux's Sumac (Rhus michauxii) Endangered Vertebrate Northern Long -Eared Bat (Myotis septentrionalis) Vertebrate Bald Eagle (Haliaeetus leucocephalus) Threatened Current Current Current Probable/Potential Protected under the Bald Current and Golden Eagle Protection Act Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. Flats at Whitehall - Threatened /Endangered /Protected Species Evaluation SPECIES DESCRIPTIONS: Three plant species with federal protection are listed as potentially occurring in Mecklenburg 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). • Smooth Coneflower (Echinacea laevigata), listed as Federally Endangered, is typically found in open woods, cedar barrens, roadsides, clear cuts, dry limestone bluffs and power line rights -of -way, requiring abundant sunlight and little competition from other plant species. • 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. Four animal species with federal protection are listed as potentially occurring in Mecklenburg 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. Northern Long-eared Bat (Myotis septentrionalis), listed as Federally Threatened. During summer, northern long-eared bats roost singly or in colonies underneath bark, in cavities, or in crevices of both live and dead trees. Males and non - reproductive females may also roost in cooler places, like caves and mines. It has also been found, rarely, roosting in structures like barns and sheds. Northern long-eared bats spend winter hibernating in caves and mines, called hibernacula. Rusty -patched Bumble Bee (Bombus affinis), listed as Federally Endangered, live in colonies that include a single queen and female workers. Rusty -patched Bumble Bees historically occupied grasslands and tallgrass prairies. Bumble bees need areas that provide nectar and pollen from flowers, nesting sites (underground and abandoned rodent cavities or clumps of grasses), and overwintering sites for hibernating queens (undisturbed soil). WEPG#00855 4 Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. Flats at Whitehall - Threatened /Endangered /Protected Species Evaluation RESULTS: The site consists of disturbed woodlands, wetlands and streams that flow into a small lake with landscaped corridor along W. Arrowood Road. The forested areas are a mosaic of young pine dominated patches on the drier upland and mixed hardwoods on lower slopes and drainages. Canopy species present include Shortleaf Pine (Pinus echinata), Loblolly Pine (P. taeda), Virginia Pine (P. virginiana), Tulip Poplar (Liriodendron tulipifera), Sweetgum (Liquidambar styracif/ua), White Oak (Quercus a/ba), Red Oak (Q. rubra), Black Willow (Salix nigra), and Green Ash (Fraxinus pensy/vanica). The subcanopy is composed of Red Maple (Acerrubrum), Sourwood (Oxydendrum arboreum), Flowering Dogwood (Corpus f/orida), Redbud (Cercis canadensis), American Holly (Ilex opaca), Winged Elm (U/mus a/ata), Black Cherry (Prunus serotina), Eastern Red Cedar (Juniperus virginiana), and Black Gum (Nyssa sy/vatica). The shrub layer includes Black Haw (Viburnum prunifolium), Strawberry -bush (Euonymus americanus), Chinese Privet (Ligustrum sinense), Multiflora Rose (Rosa mu/tif/ora), Blueberry (Vaccinium spp.), and Russian Olive (E/aeagnus angustifolia). Vines include Japanese Honeysuckle (Lonicera japonica), Virginia Creeper (Parthenocissus quinquefolia), Muscadine (Vitis rotundifolia), Catbrier (Smilax sp.), and Poison Ivy (Toxicodendron radicans). The herb layer includes Christmas Fern (Po/ystichum acrostichoides), Spotted Wintergreen (Chimaphila maculata), Downy Rattlesnake Plantain (Goodyera pubescens), and Japanese Stilt Grass (Microstegium vimineum). Wetter areas also support Tag Alder (Alnus serrulata), Elderberry (Sambucus canadensis), Smartweed (Polygonum spp.), Jack -in -the -Pulpit (Arisaema triphyllum), and May Apples (Podophyllum peltatum). The property interface with the Interstate 485 road corridor has typical turf grass along with typical DOT wood and metal fencing. The small lake is surrounded by woods to the south and west, with the north and eastern sides being surrounded by maintained landscaping. The edge of the lake has typical wetland fringe species of Cattails (Typha latifolia), Sedges (Carex spp., Scirpus, spp.), and Rushes (Juncus spp.). Threatened & Endangered/Protected Species Results • All potential habitats for Schweinitz's Sunflower along the roadside 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 Smooth Coneflower along the roadside and woods edges were examined, and the species was not observed. WEPG concludes Smooth Coneflower (Echinacea /aevigata) does not occur on the site. WEPG400855 Wetlands and Environmental Planning Group Flats at Whitehall - Threatened /Endangered /Protected Species Evaluation All potential habitats for Michaux's Sumac along the roadside and woods edges were examined, and the species was not observed. WEPG concludes Michaux's Sumac (Rhus michauxii) does not occur on the site. • 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 leucoceohalus) does not occur on the site. The on -site streams do not have the habitat characteristics required to support populations of the Carolina Heelsplitter. Based on existing documentation, Carolina Heelsplitter populations have not been identified within this basin. No individuals were observed during the survey, nor would any be expected on -site. WEPG concludes Carolina Heelsplitter (Lasmigona decorata) does not occur on the site. Comparing this site location to the USFWS Range Map for Rusty -patched Bumble Bee (https://www.fws.gov/midwest/endangered/insects/rpbb/rpbbmap.html) Mecklenburg County is in it's Historic Range, and as such, Section 7 consultation is not needed. WEPG concludes Rusty -patched Bumble Bee (Bombus affinis) does not occur on the site. • Comparing this site location to the USFWS Asheville office's website (http-//www.fws.gov/asheville/htm Is/project_review/N LE B_in_WNC. htm I) WEPG concludes the site meets the "exempt" criteria which requires no further action under section 7 of the Endangered Species Act for the Northern Long-eared Bat. 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, 041XI # 1*e�l Lisa R. Gaffney Biologist May 13, 2021 6 Wetlands and Environmental Planning Group Flats at Whitehall - 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 naniflora). • 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. Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. Supplementary Documentation After reeordrnZ, iWaru to: 11 hore Space Re.wnvd for Recordhig TAX CODE NOS.: SITE ADDRESSES: FOR REGISTRATION J. David Granberry REGISTER OF DEEDS Mecklenburg County NC 2013 JUN 05 01:10:43 PM 8K:28402 PG:779-786 FEE:$26.00 INSTRUMENT # 2013087730 JACKSED III I III III III 11111111111 2013087730 Rl:'R1RNED TO CUSMMER Post -Construction Stormwater Best Management Practices Operations and Maintenance Agreement and Easement Agreement This Post -Construction Stormwater Best Management Practices Operations and Maintenance Agreement and Easement Agreement (the "Agreement") is entered into and agreed upon as of 2013 (the "Effective Date") by and among GGT WHITEHALL VENTURE NC, LLC, a Delaware limited liability company (the "Responsible Party"), YFP Timber, LLC (the "Property Owner"), and the CITY OF CHARLOTTE, a municipal corporation organized under the laws of the State of North Carolina (the "City"). The term "Property Owner" as used herein means the owner(s) of the Property (as hereinafter defined), together with their successors and assigns who take or succeed to ownership of the Property (or any portion thereof). Cl i-3) 42037 vG WITNESSETH: WHEREAS, the Property Owner is the current owner of certain real property more particularly described by two separate deeds recorded with the Register of Deeds of Mecklenburg County, North Carolina, in Deed Book 11138 at Page 392, having tax. parcel ID 4 201301 19, and in Deed Book 7974 at Page 814, having tax parcel ID420130108, located at West Arrowood Road (hereinafter collectively referred to as "the Property"); and WHEREAS, the Responsible Party is the current owner of certain real property that is adjacent to the Property and more particularly described by deed recorded with the Register of Deeds of Mecklenburg County, North Carolina, in Deed Book 27132 at Page 356, having tax parcel ID 4 20145115, and located at West Arrowood Road (hereinafter referred to as "the Adjacent Property")-, and WHEREAS, the Responsible Party and the Adjacent Property shall benefit fi•om stormwater drainage on, over and across the Property, and WHEREAS, the City of Charlotte ("the City"), the Responsible Party and the Property Owner, their administrators, executors, successors, heirs, or assigns, (the "Parties"), agree that the health, safety and welfare of the citizens of the City require that the Best Management Practices facility or facilities (collectively, the "BMP Facilities") shown on the approved development plans and specifications for the Property €711-Ist be constructed and maintained for the Property; and WHEREAS, the City of Charlotte Post -Construction Stormwater Ordinance (Sections 18-101 cat sect. of the Charlotte City Code of Ordinances, hereinafter called the "PCO") requires that the stormwate€- BMP facilities shown on the approved development plans and specifications be constructed and maintained by the Property Owner; and WHEREAS, the City, the Property Owner and the Responsible Party desire that the Responsible Party shall construct and maintain the BM13 Facilities in the manner required by the PCO; and WHEREAS, pu€•scant to the provisions of the PCO, the City requires that Property Owner and the Responsible Party execute and record this Agreement and convey the easements and rights described herein as a condition to the City issuing; Certificates of Occupancy for Property Owner's development on the Property and/or the Responsible Party's development of the Adjacent Property; and WHEREAS, the Property Owner desires to grant certain casements and rights to the Responsible Party to perform the construction and maintenance of the BMP Facilities as more particularly set forth herein. NOW, THEREFORE, in consideration of the foregoing promises, the mutual covenants contained herein, and the following terms and conditions, the Parties hereto agree as follows: 1. 'File BMP Facilities shall be constructed by the Responsible Party in accordance with the PCO and the approved development plans and specifications for the Property. 2 C11-3142037 v6 2. The Responsible Party shall maintain the BMP Facilities ill good working condition acceptable to the City and in accordance with the Operations and Maintenance Tasks and Schedules found in the PCO Administrative Manual ("the Administrative Manual"). 3. The Property Owner hereby gives, grants, and conveys to the City a post -construction control maintenance easement ("PCCE") as shown oil that certain plat recorded in Map Book 54, Page 992 in the Office of the Register of Deeds of Mecklenburg County (the "Recorded Plat") which will allow the City to inspect, monitor, maintain, repair or reconstruct the BMP Facilities. 4. The Property Owner hereby gives, grants, and conveys to the City a twenty (20) foot wide BMP Access Easement ("Access Basement") as shown on the Recorded Plat that will connect the BMP Facilities and PCCE to a public right -of- way, which will allow the City the access it requires to inspect, monitor, maintain, repair or reconstruct the BMP Facilities. 5. The Property Owner hereby grants permission to the City, its authorized agents and employees, to ente€' upon the Property and to inspect the BMP Facilities whenever the City deems it necessary. Whenever possible, the City shall provide notice to the Property Owner and the Responsible Party prior to entry. The right of entry in no way confers an obligation Oil the City to assume responsibility for the BMP Facilities. 6, The Property Owner hereby gives, grants and conveys to the Responsible Party and its authorized agents an easement as shown on the Recorded Plat to enter upon the Property to perform its obligations as set forth in this Agreement, including easement rights to access the Property and construct and maintain the BMP Facilities. 7. Ill the event the Responsible Party fails to maintain the BMP Facilities as described in the PCO and the Administrative Manual or approved development plans and specifications for the Property, the City, after reasonable notice to the Property Owner and the Responsible Party, may assess fines against the Responsible Party and enter the Property and take whatever steps the City deems necessary to return the BMP Facilities to good working condition acceptable to the City. It is expressly understood and agreed by the Pa€lies that the City is under no obligation to construct, maintain or repair the BMP Facilities and in no event shall this Agreement be construed to impose any such obligation on the City. The Responsible Party shall be fully responsible for having the BMP Facilities inspected anmially by a qualified inspector, as determined by the Storm Water Administrator, and shall provide to the City, at no additional costs to the City, all Annual Maintenance and Inspection Repoil as provided in the Administrative Manual (see Appendix D). The Responsible Party's failure to provide to the City said Annual Maintenance and Inspection Report within the appropriate time as defined in the Administrative Manual may result ill fines to the Responsible Party. The Storm Water Administrator at his/her discretion may make annual inspections of the BMP Facilities to insure that the required maintenance has been conducted appropriately and the performance of the BMP Facilities is in compliance with the PCO. 3 CH-3142037 v6 9. In the event the City, pursuant to the Agreement, performs work of arty nature to the BMP Facilities, or expends any funds in the performance of said work for labor, use of equipment, supplies, materials, and the like, the Responsible Party shall reimburse the City, or shall forfeit any required bond upon demand, within thirty (30) days of receipt from the City of a list for all the costs incurred by the City hereunder. If the Responsible Party has not reimbursed the City within the above mentioned time period, the City shall secure a lien against the Adjacent Property ill the amount of said costs. The actions described in this paragraph are in addition to and not in lieu of arty and all legal remedies available to the City as a result of the Responsible Party's failure to maintain the BMP Facilities. 10. It is the intent of the Parties to insurc the proper maintenance of the BMP Facilities by the Responsible Party; provided, however, that this Agreement shall not be deemed to create or affect any additional liability of any party for damage alleged to result from or caused by storm water runoff in addition to any such liability otherwise existing under applicable law. 11. Sediment accumulation and other waste materials resulting from the normal operation of the BMP facilities shall be removed by the Responsible Party, The Responsible Party will make arrangements at the Responsible Party's expense for the removal and off -site disposal of all accumulated sediments and other waste materials. 12. In the event the Responsible Party sells or transfers the Adjacent Property, the transferring Responsible Party shall provide to the City, a Declaration of Transfer of Inspection/Maintenance Responsibilities of Stormwater BMP facilities as provided in the PCO Administrative Manual (see Appendix "0") signed by the transferring Responsible Party and the transferee and witnessed by a public notary to document that all maintenance responsibilities have been transferred and communicated to such transferee. Upon such transfer or conveyance of the Adjacent Property by the transferring Responsible Party, all obligations of the transferring Responsible Party hereunder shall automatically be transferred and assigned to, and assumed by transferee and such transferee shall be and become the "Responsible Party" under this Agreement. 13. The Responsible Party hereby agrees to indemnify and hold harmless the City and its authorized agents and employees for any and all damages, accidents, casualties, occurrences or claims that might arise or be asserted against the City from the construction, operation, repair, presence, existence or maintenance of the BMP Facility or BMP Facilities. In the event a claim is asserted against the City, its authorized agents or employees, the City shall promptly notify the Responsible Party and the Responsible Party shall defend the City, its authorized agents or employees at the Responsible Party's own expense against any such claim. If ally judgmcnt or claims against the City, its authorized agents or employees shall be allowed, the Responsible Party shall pay for all costs and expenses, including attorneys' fees, in connection therewith. 14. This Agreement shall be recorded by the Responsible Party among the deed records of the Mecklenburg County Register of Deeds and shall constitute a covenant running with the land and shall be binding on the Property Owner and the Responsible Party. The City may choose to withhold the release of any certificates of occupancy for the Property or the 4 CII-3142037 v6 Adjacent Property until such time that this Agreement has been recorded by the Responsible Party with the Register of Deeds in Mecklenburg County 15. This Agreement may be enforced by proceedings at law or in equity by or against the Parties hereto and their respective successors in interest. 16. invalidation of any one of the paragraphs of this Agreement shall in no way affect any other paragraphs and all other paragraphs shall remain in full force and effect. 17. In such cases where development has been deemed single family residential by definition, the Property Owner or the Responsible Party may petition the City to accept major maintenance responsibilities for the Best Management Practices for that development only after a two year warranty period has expired and the City has determined that the BMP Facilities meet the design requirements of the BMP Design Manual and Laud Development Standards, and that all maintenance responsibilities have been upheld during this two year period succcssfi€Ily. It is further understood that the Responsible Party will continue to provide routine maintenance activities as identified in the Administrative Manual after the City has agreed to accept the I3MIl Facilities for maintenance. Should at any time the City discover that the Responsible Party has not performed the routine maintenance activities identified in the Administrative Manual in an acceptable manor; the City may impose all fines and remedies allowed by law against the Responsible Party. S CH-3142037 0 IN WITNESS WHEREOF, the parties have executed this Agreement as of this day of ATTEST " � " � �' "/, �- -'), � � I /-�' - � -.. - (Signature) (Printed Name) 1'0R;THXCT (SignatU16 STATE OF c,r V-, C.q , c COUNTY OF _tN— Printed Name and Title) On this _day of ,�� �. 20_17� _. before me, the undersigned officer, a Notary Public in and for the State and County Aforesaid, personally appeared az,e. ^� Z, ,V , who acknowledged himself to be of CA, and he as such authorized to do so, executed the foregoing instru113ent for tl'le pLu'poses therein c011tained by signing his name as c for said R{on C_, Oc.l Witness mvInd a p ires Mfth 28, 2014 My commission expires _ -- Notary Public CI-1-3142037 vG ATTEST: (Signature) ktuitue 1-( (Printed Name) STATE OF _ _ A10 t�c� �tii COUNTY OF Me r-K1 -tivcL PROPERTY OWNER YIP Timber, LLC On this 2Z day of rT ?Y, , 20j, before me, the undersigned officer, a Notary Public in and for the State and County aforesaid, personally appeared A6g& , who acknowledged himself to be rAAcu*94— , of '/FP -T ,r,beg LI �_, and he as such authorized to do so, executed the foregoing instrument for the purpose therein contained by signing his name as AGE for said yF_ _Fj nj �, Witness my hand and Notarial Sea] SEAL My commission expires Notary Public Seen and approv Governing dy) Seen and ap ved overning Body) 7 CH-3142037 v6 ATTEST: RESPONSIBLE PARTY GGT WHITEHALL VENTURE NC, LLC, a Delaware limited liability company By: WF Arrowood, LLC, its Operating Member By: 0/'v'jV1' Name: Chad M. Kier Title: Manager STATE OF COUNTY OF On this 29A day of 6, 20, before me, the undersigned f icer, Nv;1,,1r-,y,7,e,1- Mawia�fev- blic in and f r the State and County aforesaid, personally ap red, who acknowledged himself to be , of , and he as such authorized to do so, exe/,,cujed t foregoing instrument for the purposes therein contained by signing his name as !�l4bk)4A 1,V for said Witness my hj00vAYA*gprial Seal SEAL ��ss My commission expires 1/8, Seen and a r ved (Govern' g Body) Seen and a proved overning ody) J Notary Public CH-3142037 v6 LEONARD S. RINDNER Environmental Planning Services 7113 Hickory Nut Drive Landscape Architecture Raleigh, NC 27613 Land Planning (919) 870 - 9191 September 7, 1994 Mr. John R. Dorney Wetlands and Technical Review Group NC Dept. of Environment, Health, and Natural Resources Division of Environmental Management Post Office Box 29535 Raleigh, North Carolina 27626-0535 Re: Whitehall - 401 Water Quality Certification: Response to Letter of August 25, 1994 Dear Jahn: On behalf of Whitehall Limited Partnership I am providing the following information and clarification to address your concerns in your letter of August 25, 1994, in order to obtain a 401 Water Quality Certification. Project Background To summarize, Whitehall is a proposed t600 Acre Mixed Use Regional Center which will include retail, office, industrial, and multi -family residential development. It is an area identified for significant growth in the Charlotte -Mecklenburg 2005 Land Use Plan and the Southwest District Plan. The project will be bisected by the proposed Charlotte Outer Belt (1-485), proposed Arrowood Extension - a major thoroughfare per the Thoroughfare Plan, and it is at the intersection of NC Highway 49 (York Road). York Road will have an interchange with the Outer Belt and it is scheduled for widening to a multi -lane facility in the near future. The Rezoning Plan has also been approved by the Mecklenburg County Board of County Commissioners. In conjunction with the proposed development Johnston Lake is proposed to be restored and Moody Lake enlarged. Also, 45 Acres of Depressional Swamp, forested buffer and wildlife corridor, reserved for purchase by the State, have been incorporated within the overall plan. The plans for this area were developed through a cooperative effort of Federal, State, and Local regulatory agencies ad organizations, and the developer. Mr. John R. Dorney September 7, 1994 Page Two The project site is generally characterized by gently rolling open grassland and broad upland, nearly flat ridges and is well suited topographically for a large scale development such as Whitehall. Incidentally, and unusually, the highest ground on the site in general is the Porter Road Swamp Preservation Area. Johnston Lake - Arrowood Extension / Dam Construction In order to restore Johnston Lake and construct Arrowood Road Extension, a new dam will be required. The existing dam was purposely breached over safety concerns and it's potential for failure due to leaks and seepage undermining the base of the dam. The wetland areas associated with the base of the dam are probably related to or were enhanced by this seepage. It is expected that the remaining portion of the existing dam will need to be removed. The new dam which will go in it's place is intended to support the proposed Arrowood Extension, a multi -lane thoroughfare with a minimum 100' Right -of - Way. Consideration was also given to minimizing impacts to Coffey Creek in the planning of the overall alignment by providing a perpendicular crossing. It will be designed and built to NCDOT design criteria and standards. As with most dams of this nature there will be the required foundation, slope stability, and earthwork analysis, and the resulting potential special treatment and design considerations. It is also expected that there will be a need for undercutting to remove alluvial soils to provide a stable soil foundation as well as other design and construction issues. With these considerations, combined with the design requirements and grading limits, avoidance of the impacts to this seepage wetland will be very difficult and not practicable. During the preliminary review process this unavoidable roadway / dam impact was determined to be part of the Whitehall Project by the U. S. Army Corps of Engineers (USACOE) and minimization and mitigation measures were developed and incorporated into the permit application. This includes the construction of a bio-filter and littoral shelf in conjunction with the restoration of Johnston Lake. The new lake with bio-filter will be approximately ±7 to +7.5 Acres, a net increase of ±4 to 4.5 acres of Jurisdictional Waters. The bio-filter and littoral shelf will serve as protection and a buffer of the receiving waters of Johnston Lake and provide valuable wildlife habitat. A 25' development buffer as described in the report around the lakes will also be provided and the restored fake will revitalize the fringe vegetation along the existing lake banks. Impacts to downstream waters will be minimized through strict adherence to an approved Sedimentation and Erosion Control Plan and the other Section 404, and 401 Water Quality Certification conditions. Mr. John R. Dorney September 7, 1994 Page Three Wildlife Travel Corridors Coordination and cooperative efforts of the regulatory agencies, local environmental groups, and the developer were important and instrumental in designing and determining buffers around the depressional swamps. Representatives of these local environmental groups as well as the U.S. Fish and Wildlife Service, N.C. Wildlife Resource Commission, USACOE, and NCDEM at the NCDOT coordination meetings also requested that a significant forested corridor to connect the separate swamp areas be incorporated in to the plan. As a result of this cooperation a 200' wide corridor was made available. Also, as described in the Nationwide Permit conditions, a minimum 4' wide culvert crossing will be provided to connect the depressional swamp and wetland area crossed at the narrowest point by the Southern Connector Road. This will provide a wildlife corridor for small mammals, amphibians, and other aquatic organisms. As you can see on the attached Figure 4.0, the Porter Road Swamp Preservation Area is separated from Moody Lake by the 350' Wide 1-485 Charlotte Outer Belt Right -of -Way. Although a hydrological connection will need to be retained, a wildlife corridor will probably greatly depend on the treatment of the drainage and drainageways through this wide right-of-way. While this issue may be beyond your regulatory authority, I do appreciate your concern. Perhaps this issue can be considered in the design of the Charlotte Outer Belt in this area. Although not a requirement, if NCDOT can achieve a wildlife corridor through the ROW, the developer is willing to consider taking part in coordinating efforts to complete the connection from the ROW to Moody Lake. We will be better able to do this in the future when more specific plans are developed. Bio-filter and Littoral Shelf The final bio-filter and littoral shelf specifications for Johnston Lake will be forwarded to the North Carolina Division of Environmental Management as well as the USACOE. Stormwater Management The developer is committed to provide wet detention for water quality as required. On -site stormwater management ponds as described in the permit application will be provided for all commercial and industrial uses. In our conversation on 91 1 / 94, 1 explained that the final plans for the individual tracts have not been developed and that it would be difficult to identify the final locations or number of ponds required and requested your acceptance of a conceptual plan. Based on your'agreement a conceptual plan will indicate potential pond locations and final plans will be forwarded to the NCDEM for approval. You also requested that I remove the asterisk's from Moody Lake and Johnston Lake on Figure 12.0 Mr. John R. Domey September 7, 1994 Page Four and verify that pond locations are shown on all proposed commercial 1 industrial areas. As directed pond locations are depicted conceptually in the major drainageways and additional ponds have been shown in Parcel I at this time. I hope this letter f report adequately addresses your concerns and clears the way to obtain a 401 Water Quality Certification from NCDEM. Please let me know if you have any questions or require further explanation. Thank you. k, Leonard S. Rindner Environmental Planning Consultant NC Landscape Architect 9578 cc: Jim Merrifield Brad Davis Kim Colson Steve Lund domMTlsr Lr� 1.T-��'` 1 Lf--.� 41 . 1•' _ _ O . \r� r•—.`.ux•.r v •.�. aK+r.• L + ��� ,� e� �. �� �n �' BYO -• •'ti"s•':r�i - � �-rY •' �.� s �� � - � ' O •ice ,. �'1' �'.a.�i, ': - Te ��\- ram_' - - .... • Y• �• � . ._ .�\ - t,' ..: `., _��• ., .'-..- - .__ - — Ak WHITEHALL PROJECT VICINITY .r, ,J,'• ' . ,` _. � '' �`:- , ' yam, .' . ;.._ • � .,: • � ; ':' .:.. , _ JG " rao �Qt FIGURE - 2.0 ;r=`•`''# :.. CHARLOTTE-MECKLENBURG THOROUGHFARE PLAN LLJ LIJ G, LLJ LU - f!' (c13�f ; �s: _�•� ` ,�• ..J Q �HJ ...E Ld � :�t �� ��. • `\ fl i] ate. a '1t1F •�• _ / �,� . •`CI ..� ..1 - ti _�"• l�'. �t (1 J�1 cn /, Div 1 . `. � ' — � VV c�h �• /.� ;.r �� f .�.—�:_�_} ' .al l_`, ; � � • . Vl� In r` �' � ''� i! �s •ter ��`�$;/ 4 it for It .. �" 4 f'� f �� It L � �l' sky• • `s� ��� �s / •C � � _/!^/r.' ` / � '2• f "����j��'-�,'-,�".i� Wit..- l t, 1 {IE; ` i /46 f A v , • i .rye '•tj�. . [1 cn w LU w 'P� c .• n A l LU U W uj a BEE in ul B �E11f� �I WHITEHALL PROJECT SUMMARY TOTAL PROJECT AREA: 731.35 ACRES PARCEL- GROSS EXISTING PROPOSED USE BUILDING OPEN SPACE AREA ZONING ZONING AREA R.0.1V 1 101.2 AC R-3 CC Commercial 500.000 SF 5.6 AC 18.3 AC II 16.5 AC R-3 0-1 (CD) Neighborhood 167,000 SF 5.69 AC -•2.19 AC Office * Ill 84.4 AC, R-3 R-3 (CD) ` Single Family 246 LOTS 4.21 AC --- Residential * (PARTIAL) IV A 98.1 AC R-3 R-17 MF(CD) Multi Family 1269 D.U. 15.88 AC 9.54 AC Residential IV B 6.5 AC R-3 R-17 MF(CD) .Multi Family 74 D.U. 1.I8 AC .64 AC Residential * lV C 23.8 AC R-17 MF/I-1 R-17 MF(CD) Multi Family Residential 304 D.U. 3.04 AC -- V 43.6 AC R-3 0-2 (CD) Corporate Office 470,000 SF 2.22 AC 12.02 AC VI 165.9 AC R-3 BP (CD) Business Park 1330 000 SF ~ 33.1 AC 21.68 AC VII A 152.7 AC R-3 I -I (CD) Light 1,000.000 58.43 AC 27.31 AC Industrial SF * VII B 30.9 AC R-17 MF/1-1 1-1 (CD) Light Industrial 400,000 SF 2.56 AC 1.5 AC TOTAL 723.6 AC 134.91 AC 93.18 AC QPEN SPACE R.O.W. GREENWAY . .... . . . .4-.59 AC I-485 (OUTER BELT) .. ...... . . . . 70.10 AC OPEN SPACE . ... .. . . 21.75 AC ARROWOOD RD. EXTENSION.... . . . 13.93 AC LAKES... ... .... . . 21.70 AC PROPOSED SOUTHERN CONNECTOR . . . 9.15 AC BUFFERS ... . .... . : 40.25 AC TOTAL ......... . ....... . . . 93.18 AC LANDSCAPE AREA .. . Ei 62 A TOTAL . . .. . .... . 104.91 AC TECHNICAL DATASHEET * THESE SITES WERE INCLUDED IN THE REZONING PROCESS TO CREATE AN INTEGRATED LAND USE PLAN HOWEVER WILL BE DEVELOPED BY SEPARATE OWNERS FIGURE -- 2.2 ZONING MASTER PLAN PROJECT SUMMARY zr, Il`I U w K.R[i j��� a 0 LU w _ w w F r m ' �' ['r Y L RKiiK 1 I d - • i _ 0 - I r• ' I fIi • A r CL > I ,. W LLJ "' LU V, t I I •. r ✓ U w 1 = i l��.dl-0S. • . • f . r r L •�'; 4P tt g' '. P xx r a[�°� •$ fl N C4 r . d•. c � oY � •' N r n � • y > Ii4 r I r•f0 { n r r ' rr � r P in w W [ J4 {'i�S•z � • •r • • U e • r 4 rlj , w co LU = 1LL f �! I • \ • •'i • r II in a W • ¢ .. .d ��. �.Q 2 ar7 LU LL ' r LU F1 . LU >_ i l l y1}I 1 F U Q O ui Rr W Q 0 O z O Li W w a 0 a a Q O w W O ID#* 20210748 Version* 1 Regional Office * Mooresville Regional Office - (704) 663-1699 Reviewer List* Alan Johnson Pre -Filing Meeting Request submitted 4/12/2021 Contact Name* Daniel Kuefler Contact Email Address* daniel.kuefler@wetlands-epg.com Project Name* Hawthorne at Whitehall Project Owner* Evolve Companies Project County* Mecklenburg Owner Address: Street Address 2012 Eastwood Road Address Line 2 aty State / Province / Region Wilmington NC Postal / Zip axle Country 28403 USA Is this a transportation project?* r Yes r 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#?* C Yes (-- No 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.* Forthcoming PCN will include a request for a NWP 29 for the Hawthorne at Whitehall site on 36.5 AC on the west side of W. Arrowood Road; appro)amately 0.3 miles north of the intersection of W. Arrowood Road and S. Tryon Street. PIN: 20130108. By digitally signing below, I certify that I have read and understood that per the Federal Clean Water Act Section 401 Certification Rule the following statements: • This form completes the requirement of the Pre -Filing Meeting Request in the Clean Water Act Section 401 Certification Rule. • I understand by signing this form that Icannot submit myapplication until 30 calendar days after this pre -filing meeting request. • I also understand that DWR is not required to respond or grant the meeting request. Your project's thirty -day clock started upon receipt of this application. You will receive notification regarding meeting location and time if a meeting is necessary. You will receive notification when the thirty -day clock has expired, and you can submit an application. Signature Submittal Date 4/12/2021