Loading...
HomeMy WebLinkAbout20211321 Ver 1_ePCN Application_20210902DWR Dlrlslon of Water Resources Pre -Construction Notification (PCN) Form For Nationwide Permits and Regional General Permits (along with corresponding Water Quality Certifications) June 1, 2021 Ver4.1 Initial Review Has this project met the requirements for acceptance in to the review process?* r Yes r No Is this project a public transportation project?* r Yes r No Change only if needed. BIMS # Assigned 20211321 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: Ardrey Kell Relief High School la. Who is the Primary Contact?* Heath Caldwell 1b. Primary Contact Email:* heath.caldvvell@\&etlands-epg.com Date Submitted 9/2/2021 Nearest Body of Water Fourmile Creek Basin Catawba Water Classification C Site Coordinates Latitude: Longitude: 35.0705-80.8387 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?* r $240.00 IT $570.00 Select Project Reviewer* Alan Johnson:eads\adjohnson1 1c. Primary Contact Phone:* (704)999-5279 Is this a courtesy copy notification?* r Yes r No ID# Version Pre -fling Meeting or Request Date 7/15/2021 Attach documentation of Pre -Filing Meeting Request here: nick the upload button or drag and drop files here to attach document DWR site meeting documentaion_printevent.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 39 - Commercial/Institutional 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: 40.72KB 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: Catholic Diocese of Charlotte 2b. Deed book and page no.: 06539/366 2c.Contact Person: Peter Jugis r Yes r No r Yes r No 2d.Address Street Address P.O. Box 36776 Address tine 2 City Charlotte Postal / Zip Code 28236 2e. Telephone Number: (704)999-5279 2g. Email Address:* heath.caldvvell@vvetiands-epg.com 3. Applicant Information (if different from owner) 3a. Name: Mike Higgins 3b. Business Name: Charlotte -Mecklenburg Schools 3c.Address Street Address 3301 Stafford Drive Address line 2 CRY Charlotte Postal / Zip Cade 28208 3d. Telephone Number: (704)999-5279 X Email Address:* amber.li psky@wetlands-epg.com 4. Agent/Consultant (if applicable) 4a. Name: Heath Caldwell 4b. Business Name: Wetlands & Environmental Planning Group 4c.Address Street Address 10612-D Providence Road Address tine 2 PMB 550 City Charlotte Postal / Zip Cade 28277 4d. Telephone Number: (704)999-5279 0. Email Address:* heath.Gaidwell@wetlands-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 / Fbgion NC Country USA 2f. Fax Number: State / Province / Ffgion NC Country USA 3e. Fax Number: State / Province / Fagion NC Country USA 4e. Fax Number: O 2a. Property Identification Number: 22348103,22348101,22348102 2b. Property size: 85.52 2c. Project Address Street Address Address Line 2 city Postal / Zip Code 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* Fourmile 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. 030501030105,030501030107 4. Project Description and History State / Rovince / Pegim Country 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 east of Johnston Road and just north of N. Community House Road in Charlotte, NC. The topography consists of upland ridges grading into moderate slopes and flat floodplain of Fourmile Creek. The elevation ranges from 530 to 600 ft. The site is covered with a secondary growth mixed pine/hardwood and bottomland forest and is disturbed throughout. 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: 11.843 4g. List the total estimated linear feet of all existing streams on the property: 3271 4h. Explain the purpose of the proposed project:* The proposed development involves impacts to four streams for grading associated with site access requirements and scholastic infrastructure needs. 41. 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 6 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-2019-02396 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Nic Nelson Agency/Consultant Company: WEPG Other: 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR This site was verified by D. Shaeffer (USACE) on 2/6/20 and B. Roden -Reynolds on 9/8/20. A copy of the signed JD approval is included in the Jurisdictional Determination Information 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 u 1. Impacts Summary 1a. Where are the impacts associated with your project? (check all that apply): r Wetlands W Streams -tributaries r Open Waters r Pond Construction 3. Stream Impacts r Buffers F 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 (?) 11.1urisdiction* length* S1 Grading 9 Permanent Fill Stream D Intermittent Corps P 2 547 Average (feet) (linear feet) S2 Grading 9 Permanent Fill Stream A Intermittent Corps P 4 113 Average (feet) (lir�rfeet) S3 Grading 9 Permanent Fill Stream H Intermittent Corps P 3 33 Average (feet) (linearfeet) � Road CrossingPermanent Culvert Stream B Perennial Corps P 4 56 Average (feet) (lir�rfeet) S5 Road Crossing __Temporary::] emporary Culvert Stream A Intermittent Corps 4 20 Average (feet) (linearfeet) 3i. Total jurisdictional ditch impact in square feet: 3i. Total permanent stream impacts: 749 3i. Total stream and ditch impacts: 769 31. Total temporary stream impacts: 20 3j. Comments: S4- Epsting 24.5 LF culvert to be replaced, 56 additional linear feet will be culverted S5- Temporary stream crossing will utilize reinforced concrete pipe and coarse aggregate. Pipe will be sized for peak flow conditions and installed at a right angle to the creek. The crossing will be immediately removed and the stream restored upon completion of the permanent bottomless culvert. 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. Several options were considered to find a plan that best meets CMS's high school programming needs within the available space. Additional parking and a practice field were omitted. The location/size of the field at the British School was contractually required. The applicant has shown avoidance and minimization efforts by avoiding construction in the FEMA floodplain and avoiding —77% of onsite streams and all 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. A bottomless culvert is proposed at Stream A and the proposed crossing at Stream B will be located at an existing culvert location. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? r Yes r No 2c. If yes, mitigation is required by (check all that apply): r DWR W Corps 2d. If yes, which mitigation option(s) will be used for this project? P Mitigation bank r Payment to in -lieu fee r Permittee Responsible program Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: City of Charlotte Umbrella Stream and Wetland Mitigation Bank 3b. Credits Purchased/Requested (attach receipt and letter) Type: Quantity: Stream 854 3c. Comments A ratio of 2:1 is proposed for impacts to Streams B (+/_56 LF). 1:1 is proposed for impacts to Streams A, D, and H (+/_692 LF). Please refer to the NCSAM section. The Bank's acceptance letter is attached. F. Stormwater Management and Diffuse Flow Plan (required by DWR) 1. Diffuse Flow Plan 1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? r Yes r No If no, explain why: 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?* r Yes r No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 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 r State Local Government Stormwater Programs 17 Phase II r NSW r USMP F Water Supply Please identify which local government stormwater program you are using. City of Charlotte Comments: Storm water on the site will be handled by facilities shown on the attached plans. The stormwater plan has not yet been submitted to the City of Charlotte but will be designed to meet their criteria. G. Supplementary Information 1. Environmental Documentation 1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?* r Yes r No 1b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State (North Carolina) Environmental Policy Act (NEPA/SEPA)? * r Yes r No Comments:* Per NCDPI, the use of County funds for the construction of anew school in this case does not trigger a review by NCDOA's state clearinghouse under the State EPA Act. 2. Violations (DWR Requirement) 2a. Is the site in violation of DWR Water Quality Certification Rules (15ANCAC 21-1.0500), 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 for this project?* r Yes r Nor N/A 4b. Describe, in detail, the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated at a treatment plant, list the capacity available at that plant. Wastewater generated on the site will be transported to the nearest treatment facility via sewer lines. 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or habitat?* r- Yes r No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* r Yes r No Sc. If yes, indicate the USFWS Field Office you have contacted. Asheville 5d. Is another Federal agency involved?* r Yes r No r Unknown 5e. Is this a DOT project located within Division's 1-8? r Yes IT 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 IT No 5h. Does this project involve the construction/installation of a wind turbine(s)?* r- Yes r No Si. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.? r Yes IT 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. Please also see attached for FWS response. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?* r Yes IT No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?* No essential fish habitat in this region. 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?* r- Yes r No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* SHPO's website: https://nc.maps.aregis.corr There are no NRHP-listed properties or other historic resources recorded in the project area. Please refer to the attached Cultural Resources report and SHPO response. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain?* r Yes r No 8b. If yes, explain how project meets FEMA requirements: No net grade/fill Will occur in the floodplain. 8c. What source(s) did you use to make the floodplain determination?* www.ferna.gov hftps://polaris3g.mecklenburgcountync.gov/ Miscellaneous C^U 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. Cick the upload button a drag and drop files here to attach document Ardry Kell Relief High School PCN.pdf 32.26MB Fie rust be FLF or KVF Comments A complete PCN package is attached. Per Alan Johnson, the site meeting on July 15 fulfills the Pre -Filing Meeting Request requirement. Signature 17 By checking the box and signing below, I certify that: • The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief; and • The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. • I have given true, accurate, and complete information on this form; • I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act'); • I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act'); • I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND • I intend to electronically sign and submit the PCN form. Full Name: Heath Caldwell Signature Date 9/2/2021 Ballantyne Archdiocese Site Meeting Created by: heath.caldwell@wetlands-epg.com • Your response: /Yes, I'm going Time 12:30pm - 1:30pm (Eastern Time - New York) Thu Jul 15, 2021 Whp— Endhaven Elementary School, 6815 Endhaven Ln, Charlotte, NC 28277, USA My Notes Guests -/ alan.johnson@ncdenr.gov Amber Lipsky -/ bcannella@benesch.com dennis.lacaria@gruppoetico.org Heath Caldwell jbachman@colejeneststone.com 0 doug.perez@ncdenr.gov Len Rindner WEPG Preliminary ORM Data Entry Fields for New Actions Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. SAW — 2019 - 02396 BEGIN DATE [Received Date]: Prepare file folder ❑ Assign Action ID Number in ORM ❑ 1. Project Name [PCN Form A2a]: Ardrey Kell Relief High School 2. Work Type: Private Fv_1 Institutional F71 Government ❑ Commercial ❑ 3. Project Description / Purpose [PCN Form 133d and 133e]: PCN request for a residential and institutional development 4. Property Owner / Applicant [PCN Form A3 or A4]: Charlotte -Mecklenburg Schools (Applicant) 5. Agent / Consultant [PCN Form A5 —or ORM Consultant ID Number]: WEPG, PLLC c/o Heath Caldwell 6. Related Action ID Number(s) [PCN Form 135b]: 7. Project Location - Coordinates, Street Address, and/or Location Description [PCN Form 131b]: 35.0705,-80.8387 Just east of Johnston Road and just north of N. Community House Road 8. Project Location -Tax Parcel ID [PCN Form 61a]: 22348103, 22348101, 22348102 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]: Fourmlle Creek 12. watershed / 8-Digit Hydrologic Unit Code [PCN Form 132c]:Lower Catawba (03050103) Authorization: Section 10 ❑ Section 404 Regulatory Action Type: ❑ Standard Permit U Nationwide Permit # 39 ❑ Regional General Permit # Jurisdictional Determination Request �✓ Section 10 & 404 ❑ ❑Pre -Application Request Unauthorized Activity ❑ Compliance ❑ No Permit Required Oa ks]111141L160% WEEG Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. September 2, 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-2019-02396; Pre -Construction Notification for NWP 439 for the Ardrev Kell Relief High School site in Charlotte, Mecklenburg County, North Carolina Messrs. Roden -Reynolds, Johnson, Wcjoski, and Hamstead, Enclosed is a request for Nationwide Permit 939 for the Ardrey Kell Relief High School site on 85.5 acres just east of Johnston Road and just north of N. Community House Road in Charlotte, NC. The site is a proposed high school and consists of six streams and three wetlands. A Preliminary Jurisdictional Determination Request was authorized in February 2020. Please refer to the Jurisdictional Determination Information section for information on onsite surface waters. As shown on the attached exhibits, the proposed project will include permanent impacts to four streams for grading associated with site access requirements and scholastic infrastructure needs. Overall impacts to site surface waters associated with the proposed development were limited through site selection location, design, and the location/orientation of the proposed 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. buildings/fields and access routes. Headwalls are proposed at each crossing and, where possible, 2:1 slopes will be implemented to limit impacts to site surface waters. Impacts have been limited by proposing a bottomless culvert for the crossing at Stream A. Additionally, 24.5 linear feet of an existing culvert will be replaced within the same location by a proposed 70 linear foot culvert. Total permanent impacts proposed include 749 linear feet of stream impact (Streams A, B, D and H). These access crossings were necessary due to City connectivity requirements as well as contractual constraints between the client and the property owner. The design team produced several options to find a plan that the best meets Charlotte -Mecklenburg School's programming needs within the limited, available space. The soccer field for the British School was contractually obligated, but the total area was minimized to the greatest extent possible to reduce impacts. An additional practice field and parking were omitted to avoid additional impacts. Please refer to the Avoidance and Minimization narrative and attached exhibits for more information. The applicant has demonstrated substantial avoidance and minimization efforts in which 100% of the 11.8 acres of onsite wetlands and 77% of the 3,271 linear feet of onsite streams will be avoided. To compensate for the anticipated permanent impacts to onsite wetlands, the applicant is proposing payment to the City of Charlotte Umbrella Stream and Wetland Mitigation Bank at a 2:1 ratio is proposed for impacts to Streams B (+/-56 LF). 1:1 is proposed for impacts to Streams A, D, and H (+/-692 LF). Please refer to the NCSAM 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 the Fish and Wildlife Service has issued a "No Effect" determination for the site. Please refer to the Threatened and Endangered Species Evaluation section for additional details on the terrestrial species evaluation. Historic and Archeological Resources were also evaluated for this site. The State Historic Preservation Office has reviewed the information and concluded that there would be no effect to historic resources. Please refer to the Cultural Resources Report section for additional details. Thank you for your consideration and please contact me if you have any questions, (704) 999- 5279 or email at heath. caldwell(c�r�,wetlands-epg.com. Sincerely, Heath Caldwell Len Rindner, PWS Environmental Scientist Principal 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 2 len.rindner@wetlands-epg.com C O V d d Q L. N CL Permit Application 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: 39 or General Permit (GP) number: 1 c. Has the NWP or GP number been verified by the Corps? ❑ Yes ❑X No 1 d. 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: Ardrey Kell Relief High School 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: Catholic Diocese of Charlotte 3b. Deed Book and Page No. 06539/366 3c. Responsible Party (for LLC if applicable): Peter Jugis 3d. Street address: P.O. Box 36776 3e. City, state, zip: Charlotte, NC 28236 3f. Telephone no.: (704)560-2793 3g. Fax no.: 3h. Email address: ajmorlando@charlottediocese.org 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: Buyer 4b. Name: Mike Higgins 4c. Business name (if applicable): Charlotte -Mecklenburg Schools 4d. Street address: 3301 Stafford Drive 4e. City, state, zip: Charlotte NC, 28208 4f. Telephone no.: (704)201-3406 4g. Fax no.: 4h. Email address: m.higgins@cros.k12.nc.us 5. Agent/Consultant Information (if applicable) 5a. Name: Heath Caldwell 5b. Business name (if applicable): Wetlands & Environmental Planning Group, PLLC 5c. Street address: 10612-D Providence Road, PMB 550 5d. City, state, zip: Charlotte, NC 28277 5e. Telephone no.: (704)999-5279 5f. Fax no.: 5g. Email address: heath.caldwell@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): 22348103, 22348101, 22348102 1 b. Site coordinates (in decimal degrees): Latitude. 35.0705 Longitude:-80.8387 1 c. Property size: 85.52 acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: Fourmile Creek 2b. Water Quality Classification of nearest receiving water: C 2c. River basin: Lower 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 east of Johnston Road and just north of N. Community House Road in Charlotte, NC. The topography consists of upland ridges grading into moderate slopes and flat floodplain of Fourmile Creek. The elevation ranges from 530 to 600 ft. The site is covered with a secondary growth mixed pine/hardwood and bottomland forest and is disturbed throughout. 3b. List the total estimated acreage of all existing wetlands on the property: 11.843 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 3,271 3d. Explain the purpose of the proposed project: The proposed development involves impacts to four streams for grading associated with site access requirements and scholastic infrastructure needs. 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 (includingall prior phases)in the past? ❑X Yes ❑ No ❑ Unknown Comments: SAW-2019 02396 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 D. Shaeffer (USAGE) on 2/6/20 and B. Roden -Reynolds on 9/8/20. A copy of the signed JD approval is included in the Jurisdictional Determination Information 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. 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): ❑ 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) W 1 Choose one Choose one Yes/No - W2 Choose one Choose one Yes/No W3 Choose one Choose one Yes/No W4 Choose one Choose one Yes/No W5 Choose one Choose one Yes/No W6 Choose one Choose one Yes/No 2g. Total Wetland Impacts: 2h. Comments: 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. Stream impact number Permanent (P) or Temporary (T) 3b. Type of impact 3c. Stream name 3d. Perennial (PER) or intermittent (INT)? 3e. Type of jurisdiction 3f. Average stream width (feet) 3g. Impact length (linear feet) S1 P Fill Stream D INT Corps 2 547 S2 P Fill Stream A INT Corps 4.5 113 S3 P Fill Stream H INT Corps 3 33 S4 P Culvert Stream B PER Corps 4 56 S5 T Culvert Stream A INT Corps 4.5 20 S6 Choose one 3h. Total stream and tributary impacts 769 3i. Comments: S4- Existing 24.5 LF culvert to be replaced, 56 additional linear feet will be culverted S5- Temporary stream crossing will utilize reinforced concrete pipe and coarse aggregate. Pipe will be sized for peak flow conditions and installed at a right angle to the creek. The crossing will be immediately removed and the stream restored upon completion of the permanent bottomless culvert. 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 O2 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 B 1 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 1 a. 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. Several options were considered to find a plan that best meets CMS's high school programming needs within the available space. Additional parking and a practice field were omitted. The location/size of the field at the British School was contractually required. The applicant has shown avoidance and minimization efforts by avoiding construction in the FEMA floodplain and avoiding —77% of onsite streams and all 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. A bottomless culvert is proposed at Stream A and the proposed crossing at Stream B will be located at an existing culvert location. 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? X❑ Mitigation bank El Payment to in -lieu fee program ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: City of Charlotte Umbrella Stream and Wetland Mitigation Bank 3b. Credits Purchased (attach receipt and letter) Type: Stream Type: Choose one Type: Choose one Quantity: 854 Quantity: Quantity: A ratio of 2:1 is proposed for impacts to Streams B (+/-56 LF). 1:1 is proposed for impacts to Streams A, D, and H (+/-692 LF). Please refer to 3c. Comments: the NCSAM section. The Bank's acceptance letter is attached. 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. ❑ Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: Choose one 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non -riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Page 6 of 10 PCN Form — Version 1.4 January 2009 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires ❑ 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? 46 % 2b. Does this project require a Stormwater Management Plan? ❑X Yes ❑ No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: Storm water on the site will be handled by facilities shown on the attached plans. The stormwater plan has not yet been submitted to the City of Charlotte but will be designed to meet their criteria. 2e. Who will be responsible for the review of the Stormwater Management Plan? City of Charlotte 3. Certified Local Government Stormwater Review 3a. In which 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 El 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 ❑ 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 ❑X No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1 c. 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.) Per NCDPI, the use of County funds for the construction of a new school in this case does not trigger a review by NCDOA's state clearinghouse under the State EPA Act. 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 X❑ No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after -the -fact permit application? El Yes ❑X No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in ❑Yes X❑ 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. facility Wastewater generated on the site will be transported to the nearest treatment 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. Please also see attached for FWS response. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes ❑X No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? No essential fish habitat in this region. 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation ❑ Yes ❑X No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? SHPO's website: https://nc.maps.arcgis.com/ There are no NRHP-listed properties or other historic resources recorded in the project area. Please refer to the attached report and SHPO response. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? ❑X Yes ❑ No 8b. If yes, explain how project meets FEMA requirements: No net grade/fill will occur in the floodplain. 8c. What source(s) did you use to make the floodplain determination? www.fema.gov https://polaris3g.mecklenburgcountync.gov/ Heath Caldwell �,,�f� 09-02-2021 Applicant/Agent's Printed Name Date Applicant/Agent's Signature (Agent's signature is valid only if an authorization letter from the applicant is provided.) 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). Project/Site Name: Ardrey Kell Relief High School Property Address: North off. Community House Road and Endhaven Lane, Charlotte, NC Parcel Identification Number (PIN): 22348103, 22348101, 22348102 Select one: I am other Name: Mike Higgins Company: Charlotte -Mecklenburg Schools Mailing Address: 3301 Stafford Drive, Charlotte NC, 28208 Telephone Number: (704)201-3406 Electronic Mail Address: m.higgins@cros.kl2.nc.us Digitally signed by Michael Higgins DN:C=US, Michael Higgins E=mhiggin.@a sk12nr.us, 08-25-2021 CN=Michael Higgins Date: 2021.08.25 08:21:37-04'00' Property Owner / Interested Buyer* / Other" 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: 10612-D Providence Rd. PMB 550 Charlotte, INC 28277 (704)904-2277 lcn.rindncr@?wctlands-cpg.com www.wetlands-epg.com Asheville Office: 1070 Tunnel Rd., Bldg. I Suite 10, PMB 283 Asheville, NC 28805 Charlaffe-Mecklenburg STORM WATER wl?Services—H� August 26, 2021 Mr. Mike Higgins 3301 Stafford Drive Charlotte, NC 28208 600 E. Fourth Street Charlotte, NC 28202 Fax 704.353.0473 Sent via email to Heath Caldwell heath.caldwellg_wetlands-epg.com and Amber Lipsky amber.lipsky&wetlands-ep com Subject Project: Ardrey Kell Relief High School HUC#: 03050103 (Lower Catawba) The purpose of this letter is to notify you that the City of Charlotte Umbrella Stream and Wetland Mitigation Bank ("Umbrella Bank") is willing to accept payment for stream impacts associated with the subject project. Please note that the decision by the Umbrella Bank to accept the mitigation requirements of this project does not assure that this payment will be approved by the U.S. Army Corps of Engineers or the North Carolina Division of Water Quality 401/Wetlands Unit. It is the responsibility of the applicant to contact these agencies to determine if payment to the Umbrella Bank for impacts associated with this project is appropriate. This acceptance is valid for six (6) months from the date of this letter. The following documents must be submitted to the Umbrella Bank within this time frame for this acceptance to remain valid: 1. 404 Permit Verification 2. 401 Water Quality Certification 3. Executed Memorandum of Understanding between City of Charlotte and Charlotte -Mecklenburg Schools detailing the use of and payment for the credits described in the table below. Based on the information supplied by your office, the stream and wetland credits that are necessary to satisfy the compensatory mitigation requirements for this project are detailed in the table below. The total mitigation credits available for this project are also indicated in this table. Stream (linear feet) Wetlands (acres) Credits Requested for This Project 854 0.0 Credits Available for This Project 854 0.0 Mitigation Project Name(s) Muddy Creek The stream and wetland mitigation will be provided as specified in the Section 404 Permit or corresponding 401 Water Quality Certification for impacts associated with the subject project in Hydrologic Unit 03050103 of the Catawba River Basin. The mitigation will be performed in accordance with the Agreement to Establish the City of Charlotte Umbrella Stream and Wetland Mitigation Bank in Mecklenburg County, North Carolina, dated June, 16, 2004. If you have any questions or need additional information, please contact me at (704) 562-2691 or erin. shanab ergerkcharlottenc. gov. Sincerely, Charlotte Storm Water Services Erin Shanaberger Mitigation Bank Administrator cc: File To report pollution or drainage problems, call: 311 http://stormwater.charmeck.org ►0 Maps/Plans �5 iaso Cedarwood Country Club PIPER GLEN ESTATES SITE 13ALLANTYNE BALLANTYN£ WEST S4 521 3685 ine Creed enway �- HorT�ewood Suites by'Hiltan Charlotte, `Hickory Tavern 9 hicken 8allsntyne Nlidwoad SrnoKe use LA Fitness Circle 9 SIFCl Acres: +/- 85.52 FIGURE 1 09110120 UPDATED 6118121 Red Robin Gourmet Burgers and Brews ARDREY KELL HIGH SCHOOL Mecklenburg Co., NC VICINITY MAP Subject to USACE/NCDEQ verification 1 8S G~ Bev rO W)'pp� a LS C1 Camden Touchstone Apartments 13 echJn ar rt p Oro 9� I � M15 I 1 4 Fourroile PROJECT BOUNDARY STUDY LIMITS British lnternatianal School of Charlotte 9 S m Endhaven Elementary z Prepared OOD • D AQUISITIONS 1y'Al Uel Wetlands and EnviroDrawn By: Reviewed By: i Leonard S.in len.rindnerC11-1 BILK ALL r f - -t { i F rf • �` P. 1 i F r %?L � l F ��� •ice � •� � � •.�� . 1 7 4 J + # i ++ r' or + - F *I f k L� ' ' ti T +lie F • t Y li I +'� " PROJECT BOUNDARY }� STUDY LIMITS r + } Ak �+ +� t A. 40 r y# ■ 1 r er J Aerial Imagery Provided by Mecklenburg Polaris 3G��� . .. , 1 Acres: ARDREY KELL HIGH SCHOOL Prepared for: +/- 85.52 Mecklenburg Co., NC OODFIELD AQUISITIONS Wetlands and Environmental Planning Group FIGURE 2 09110120 AERIAL MAP Drawn By: Reviewed By: Leonard S. Rindner, PLLC. UPDATED Subject to USACE/NCDEQ verification BILK ALLlen• {,-2277 7 6118121 - d r -- JP Ar- � a �f 4F Aw !_ a FOURMILE CREEK mdML r PROJECT BOUNDARY r STUDY LIMITS le F LP � LOCATION _ _ * Lat: 35.0705 Nam- Long: -80.8387 W HUC: 03050103 SCALE USGS QUAD I } LOWER CATAWBA 1:24,000 Weddington,NC ". Acres: ARDREY KELL HIGH SCHOOL Prepared for: +/- 85.52 Mecklenburg Co., NC OODFIELD AQUISITIONS FIGURE 3 09110120 USGS MAP Drawn By: Reviewed By: U� Subject to USACE/NCDEQ verification BILK ALL IF 0 kD kD MIC kEJ PROJECT BOUNDARY ' k E STUDY LIMITS y - kB Ur lie NRCS Soil Survey Manuscript Mecklenburg County 1980 r �- Map Unit Symbol Map Unkl Name Acm In AQI Percent of AOI IrB Iredell fine sander loam. i to 0.1 0.2% pernt slopes mo Monacan loam, 0 to 2 percent 20-4 25-11% slopes. frequently Amded WkS W&es loam, 4 to percent 10.3 23-7% shapes 41.0% Wk1) WHkes loam, 8 to 15 percent 33.3 slopes Wks Wrikes loam, 15 to 25 per -cent 8.2 10.0% shapes Totals for Area of Interest 81.3 100-0% Acres: ARDREY KELL HIGH SCHOOL Prepared for: +/- 85.52 Mecklenburg Co., NC WOODFIELD AQUISITIONS FIGURE 4 9110120 NRCS PUBLISHED SOILS MAP Drawn By: Reviewed By: UPDATED 6118121 Subject to USACE/NCDEQ verification BILK ALL L r T 1 f fi q - r*���# �f* _ir 100' SWIM BUFFER i FEMA FLOODPLAIN AS r PER MECKLENBURG GIS ' IF d +Peer k ,. FA Z7i y h s �i• f r Acres: ARDREY KELL HIGH SCHOOL +/- 85.52 Mecklenburg Co., INC FIGURE 5 9/10/20 UPDATED FEMA FLOODPLAIN AND BUFFER MAP 6118121 Subject to USACE/NCDEQ verification rt' i + + + PROJECT BOUNDARY STUDY LIMITS .. r CO .. 1 Prepared for: WOODFIELD AQUISITIONS Wetlands and Environmental Plan Drawn By: Reviewed By: Leonard S. Rindner, PLLC. len.rindner@wetlands-el BILK ALL(704)904-2277 www.wetlands-epg.cc '5 PARCEL:22348102 PROJECT BOUNDARY CITY OF CHARLOTTE IN I I- "1' STUDY LIMITS 600 E 4T" ST CHARLOTTE, NC 28202 f f tCC1� —aK' L � d * � f I i f i >I 1 I liarFette P1 r �w SIT. 1 's sae h PARCEL: 22348101 ROMAN CATHOLIC DIOCESE OF CHLT PO BOX 36776, CHARLOTTE, NC 28236 �f 91 13 � -- �.���n ' PARCEL: 22348103 a ROMAN CATHOLIC DIOCESE OF CHLT PO BOX 36776, CHARLOTTE, NC 28236 Parcel Information Provided N by Mecklenburg Polaris 3G ��1 Acres: ARDREY KELL HIGH SCHOOL Prepared for: +/- 85.52 Mecklenburg Co., NC OODFIELD AQUISITIONS FIGURE 6 09110120 PARCEL MAP Drawn By: Reviewed By: UPDATED Subject to USACE/NCDEQ verification BLK ALL 6118121 `a QSci w rX e " �• Y R CO m N L C _ U- c J 04 LO Xj J' \ yy /V n I _ ��/ % / •` rI� �2_ .� si s 4 / � - k < �� /_.34j�� L __ LL LL (nJ NJ cx E"3` `Wx �M e`- F , Cl) O cn co m d N Oji CD S �+ �+ O N O LO LL d LC R J ++ C1 _I C i � O � � r a r �8 F 5 LL w U J LL LL LL D t0 fD � O CM LO- Cl CAD _ p Y v z Nx a R to LL LL 'O =� d q� m`'m I U) Q S O O CO le E� ti ui <D fa N ++ r r h ( r In O y 0 M N a U) is QN o¢ S ECL m N 0 w N Z' .O 0 0 o E d 0V O QV V �LL U- L ca Qp +� E cn •— J CD M CO VJ � ui CD o � N 00 �sz � >, a o CD b O r i.! M J CD Q Q i V E cocoo 0 o m i ril o coo L It LO LO LO LO LO t C) O O O In LO LO L 3 ) G> > o _ p a �sz Cl) d) L V ACN o a r N L Ci CL a=� E co O 0 T 3 oV) LX)Q o� � m CL w UO Q 10 Z (`7 Q CO LU !� Lo O r, r, W O U Lo nQ Lo Lo O LQ 1111111�111111�1111�1''��11�11 IIIIIIIIIICIIIIIII�IIIN161111 IIIII�IIIIIIIIIIIIICII 11 IIII Illllllllllllllllllllva 111111 IIIIIIIIIIIIIIIIIII 111111 AIR •••••==111111 ��wii ��i� 1111' '• � 11 0 0 Lo L� ELEVATION 3 as a� 4-- 0 a N m CD L Q f+ c.i ca CL L w � + wo Z� 3LU O> bz a © Q Qw CD � (DC/) z(D o J Lu Q O 0 Lo LD N O N eri N co O a N J J >Q i 0 LU N In � Q m CL w U (D Q Z o') Q 0 af w p O� 00 E L6 ELEVATION � O V O �sz C 0 V .�L CL Q T V E O Q 1� w10 ZLo w p Z Lo w L9 C) Q Z V) X w 7. M M G� C LL Q= LL c`a v d C•_ Q (1) d to to • Z � i A \ o , ► \\LLJ OL J i r - � C) rl 3 as .� as � o _ a _ O `1 Z v >+ Cl) � L a CLm v a LJ lJ V) O z z CO w Q < _ ELEVATION LU wF- m� O O O O 0 0 N II � N N C LLI O N J N U 06 U) o 0 4 � Q m CL W U (D Q z o') Q 0 af w p O� O OE Q � � I LLD Ln � 11111 � 0 O Lo cD z ELEVATION w O Lo co r Ln Lo C O V a) o M m C o L N O Q r _ i N N +� O U N O w Q N Q E O un o 0 0 0 4-0 LL LLL 4-0 LL L LL L � Ln Ln J N a ca o o cc a••+ • � M 00 LO N u }+ O E i� L 0 CDT jn � N N uj J o N N Q C I 1 U U) o LLJ � i - •_�- s ------ / LL - / r/ y > QLL 740/ �Lu, �4� U 1� a a • 3 o _ p a �sz Q 2 V J Q 0 � W W C� L > 3 QO Up flf o O w c° L Q w O zo zJ NU O O p nQ n)Lq � 117 fo Lo wOCY wc� w L 111111111111111111111111 1 0 IN 11 11111MA1111111111111111 O N T O O T C 3 U OJ 0 M m < 0LU 0 r w -1 Z OJ¢N w O X O cLI,Zw O O Lf) O L0 IS) L Q CV o Q ELEVATION L < m o zZ O SQO J zQ W o a_ W Q W � co to a 5 w O �sz t� Amp cl� Q T V Z N X n `U n n w to CL O O OU Lo LD � O0o Lr) 0 a_10 C) O L0 W Q ry V ELEVATION Z X w C O V O W L Q f+ u m CL i� L C O v w cn E c� o O O L VLo .rd C 1 / L - w j Z F NCSAM NC SAM FIELD ASSESSMENT RESULTS user rvianuai version d.,i USACE AID #: SAW-2019-02396 NCDWR #: 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): Ardrey Kell Relief High School 2. Date of evaluation: 3/11/2021 3. Applicant/owner name: CMS Schools 4. Assessor name/organization: H.Caldwell/WEPG 5. County: Mecklenburg 6. Nearest named water body 7. River basin: Catawba on USGS 7.5-minute quad: Fourmile Creek 8. Site coordinates (decimal degrees, at lower end of assessment reach): 35.069782N/-80.839344W STREAM INFORMATION: (depth and width can be approximations) 9. Site number (show on attached map): Stream A 10. Length of assessment reach evaluated (feet): 200 11. Channel depth from bed (in riffle, if present) to top of bank (feet): 0.5 ❑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 A 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 A 5. Signs of Active Instability - assessment reach metric Consider only current instability, not past events from which the stream has currently recovered. Examples of instability include active bank failure, active channel down -cutting (head -cut), active widening, and artificial hardening (such as concrete, gabion, rip -rap). ❑A < 10% of channel unstable ®B 10 to 25% of channel unstable ❑C > 25% of channel unstable 6. Streamside Area Interaction — streamside area metric Consider for the Left Bank (LB) and the Right Bank (RB). LB RB ®A ®A Little or no evidence of conditions that adversely affect reference interaction ❑B ❑B Moderate evidence of conditions (examples: berms, levees, down -cutting, aggradation, dredging) that adversely affect reference interaction (examples: limited streamside area access, disruption of flood flows through streamside area, leaky or intermittent bulkheads, causeways with floodplain constriction, minor ditching [including mosquito ditching]) ❑C ❑C Extensive evidence of conditions that adversely affect reference interaction (little to no floodplain/intertidal zone access [examples: causeways with floodplain and channel constriction, bulkheads, retaining walls, fill, stream incision, disruption of flood flows through streamside area] or too much floodplain/intertidal zone access [examples: impoundments, intensive mosquito ditching]) or floodplain/intertidal zone unnaturally absent or assessment reach is a man-made feature on an interstream divide Water Quality Stressors — assessment reach/intertidal zone metric Check all that apply. ®A Discolored water in stream or intertidal zone (milky white, blue, unnatural water discoloration, oil sheen, stream foam) ❑B Excessive sedimentation (burying of stream features or intertidal zone) ®C Noticeable evidence of pollutant discharges entering the assessment reach and causing a water quality problem ❑D Odor (not including natural sulfide odors) ❑E Current published or collected data indicating degraded water quality in the assessment reach. Cite source in "Notes/Sketch" section. ❑F Livestock with access to stream or intertidal zone ❑G Excessive algae in stream or intertidal zone ❑H Degraded marsh vegetation in the intertidal zone (removal, burning, regular mowing, destruction, etc) ®I Other: (explain in "Notes/Sketch" section) ❑J Little to no stressors 8. Recent Weather — watershed metric (skip for Tidal Marsh Streams) For Size 1 or 2 streams, D1 drought or higher is considered a drought; for Size 3 or 4 streams, D2 drought or higher is considered a drought. ❑A Drought conditions and no rainfall or rainfall not exceeding 1 inch within the last 48 hours ❑B Drought conditions and rainfall exceeding 1 inch within the last 48 hours ®C No drought conditions 9. Large or Dangerous Stream — assessment reach metric ❑Yes ®No Is stream is too large or dangerous to assess? If Yes, skip to Metric 13 (Streamside Area Ground Surface Condition). 10. Natural In -stream Habitat Types — assessment reach metric 10a. ❑Yes ❑No Degraded in -stream habitat over majority of the assessment reach (examples of stressors include excessive sedimentation, mining, excavation, in -stream hardening [for example, rip -rap], recent dredging, and snagging) (evaluate for Size 4 Coastal Plain streams only, then skip to Metric 12) 10b. Check all that occur (occurs if > 5% coverage of assessment reach) (skip for Size 4 Coastal Plain streams) ❑A Multiple aquatic macrophytes and aquatic mosses F, W ❑F 5% oysters or other natural hard bottoms (include liverworts, lichens, and algal mats) F E ❑G Submerged aquatic vegetation ®B Multiple sticks and/or leaf packs and/or emergent o Y ❑H Low -tide refugia (pools) vegetation Y rC ❑I 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/amphipod/crayfish/shrimp) ❑ ❑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) ®E Stream bed or bank soil reduced (dig through deposited sediment if present) ❑F None of the above 17. Baseflow Detractors — assessment area metric (skip for Tidal Marsh Streams) Check all that apply. ❑A Evidence of substantial water withdrawals from the assessment reach (includes areas excavated for pump installation) ❑B Obstruction not passing flow during low -flow periods affecting the assessment reach (ex: watertight dam, sediment deposit) ®C Urban stream (>_ 24% impervious surface for watershed) ❑D Evidence that the streamside area has been modified resulting in accelerated drainage into the assessment reach ❑E Assessment reach relocated to valley edge ❑F None of the above 18. Shading — assessment reach metric (skip for Tidal Marsh Streams) Consider aspect. Consider "leaf -on" condition. ®A Stream shading is appropriate for stream category (may include gaps associated with natural processes) ❑B Degraded (example: scattered trees) ❑C Stream shading is gone or largely absent 19. Buffer Width — streamside area metric (skip for Tidal Marsh Streams) Consider "vegetated buffer" and "wooded buffer" separately for left bank (LB) and right bank (RB) starting at the top of bank out to the first break. Vegetated Wooded LB RB LB RB ®A ®A ®A ❑A >_ 100 feet wide or extends to the edge of the watershed ❑B ❑B ❑B ®B From 50 to < 100 feet wide ❑C ❑C ❑C ❑C From 30 to < 50 feet wide ❑D ❑D ❑D ❑D From 10 to < 30 feet wide ❑E ❑E ❑E ❑E < 10 feet wide or no trees 20. Buffer Structure — streamside area metric (skip for Tidal Marsh Streams) Consider for left bank (LB) and right bank (RB) for Metric 19 ("Vegetated" Buffer Width). LB RB ❑A ❑A Mature forest ®B ®B Non -mature woody vegetation or modified vegetation structure ❑C ❑C Herbaceous vegetation with or without a strip of trees < 10 feet wide ❑D ❑D Maintained shrubs ❑E ❑E Little or no vegetation 21. Buffer Stressors — streamside area metric (skip for Tidal Marsh Streams) Check all appropriate boxes for left bank (LB) and right bank (RB). Indicate if listed stressor abuts stream (Abuts), does not abut but is within 30 feet of stream (< 30 feet), or is between 30 to 50 feet of stream (30-50 feet). If none of the following stressors occurs on either bank, check here and skip to Metric 22: Abuts < 30 feet 30-50 feet LB RB LB RB LB RB ❑A ❑A ❑A ❑A ❑A ❑A Row crops ❑B ❑B ❑B ❑B ❑B ❑B Maintained turf ❑C ❑C ❑C ❑C ❑C ❑C Pasture (no livestock)/commercial horticulture ❑D ❑D ❑D ❑D ❑D ❑D Pasture (active livestock use) 22. Stem Density — streamside area metric (skip for Tidal Marsh Streams) Consider for left bank (LB) and right bank (RB) for Metric 19 ("Wooded" Buffer Width). LB RB ®A ®A Medium to high stem density ❑B ❑B Low stem density ❑C ❑C No wooded riparian buffer or predominantly herbaceous species or bare ground 23. Continuity of Vegetated Buffer — streamside area metric (skip for Tidal Marsh Streams) Consider whether vegetated buffer is continuous along stream (parallel). Breaks are areas lacking vegetation > 10 feet wide. LB RB ®A ®A The total length of buffer breaks is < 25 percent. ❑B ❑B The total length of buffer breaks is between 25 and 50 percent. ❑C ❑C The total length of buffer breaks is > 50 percent. 24. Vegetative Composition — streamside area metric (skip for Tidal Marsh Streams) Evaluate the dominant vegetation within 100 feet of each bank or to the edge of the watershed (whichever comes first) as it contributes to assessment reach habitat. LB RB ❑A ❑A Vegetation is close to undisturbed in species present and their proportions. Lower strata composed of native species, with non-native invasive species absent or sparse. ®B ®B Vegetation indicates disturbance in terms of species diversity or proportions, but is still largely composed of native species. This may include communities of weedy native species that develop after clear -cutting or clearing or communities with non-native invasive species present, but not dominant, over a large portion of the expected strata or communities missing understory but retaining canopy trees. ❑C ❑C Vegetation is severely disturbed in terms of species diversity or proportions. Mature canopy is absent or communities with non-native invasive species dominant over a large portion of expected strata or communities composed of planted stands of non -characteristic species or communities inappropriately composed of a single species or no vegetation. 25. Conductivity — assessment reach metric (skip for all Coastal Plain streams) 25a. ❑Yes ®No Was conductivity measurement recorded? If No, select one of the following reasons. ❑No Water ❑Other: 25b. Check the box corresponding to the conductivity measurement (units of microsiemens per centimeter). ❑A < 46 ❑B 46 to < 67 ❑C 67 to < 79 ❑D 79 to < 230 ❑E >_ 230 Notes/Sketch: Majority of hydrology composed of runoff from adjacent commercial parking areas/urban setting. Some incision is notable withi n stream reach Draft NC SAM Stream Rating Sheet Accompanies User Manual Version 2.1 Ardrey Kell Relief High Stream Site Name Date of Assessment School 3/11/2021 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 MEDIUM MEDIUM (2) Baseflow MEDIUM MEDIUM (2) Flood Flow MEDIUM MEDIUM (3) Streamside Area Attenuation HIGH HIGH (4) Floodplain Access HIGH HIGH (4) Wooded Riparian Buffer HIGH HIGH (4) Microtopography MEDIUM MEDIUM (3) Stream Stability LOW LOW (4) Channel Stability MEDIUM MEDIUM (4) Sediment Transport LOW LOW (4) Stream Geomorphology MEDIUM MEDIUM (2) Stream/Intertidal Zone Interaction NA NA (2) Longitudinal Tidal Flow NA NA (2) Tidal Marsh Stream Stability NA NA (3) Tidal Marsh Channel Stability NA NA (3) Tidal Marsh Stream Geomorphology NA NA (1) Water Quality LOW LOW (2) Baseflow MEDIUM MEDIUM (2) Streamside Area Vegetation HIGH HIGH (3) Upland Pollutant Filtration HIGH HIGH (3) Thermoregulation HIGH HIGH (2) Indicators of Stressors YES YES (2) Aquatic Life Tolerance LOW NA (2) Intertidal Zone Filtration NA NA (1) Habitat LOW HIGH (2) In -stream Habitat LOW MEDIUM (3) Baseflow MEDIUM MEDIUM (3) Substrate LOW LOW (3) Stream Stability MEDIUM MEDIUM (3) In -stream Habitat MEDIUM HIGH (2) Stream -side Habitat HIGH HIGH (3) Stream -side Habitat HIGH HIGH (3) Thermoregulation HIGH HIGH (2) Tidal Marsh In -stream Habitat NA NA (3) Flow Restriction NA NA (3) Tidal Marsh Stream Stability NA NA (4) Tidal Marsh Channel Stability NA NA (4) Tidal Marsh Stream Geomorphology NA NA (3) Tidal Marsh In -stream Habitat NA NA (2) Intertidal Zone NA NA Overall LOW MEDIUM NC SAM FIELD ASSESSMENT RESULTS user rvianuai version d.,i USACE AID #: SAW-2019-02396 NCDWR #: 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): Ardrey Kell Relief High School 2. Date of evaluation: 3/11/2021 3. Applicant/owner name: CMS Schools 4. Assessor name/organization: H.Caldwell/WEPG 5. County: Mecklenburg 6. Nearest named water body 7. River basin: Catawba on USGS 7.5-minute quad: Fourmile Creek 8. Site coordinates (decimal degrees, at lower end of assessment reach): 35.070971 N/-80.837208W 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): 0.75 ❑Unable to assess channel depth. 12. Channel width at top of bank (feet): 4 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 A 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 A 5. Signs of Active Instability - assessment reach metric Consider only current instability, not past events from which the stream has currently recovered. Examples of instability include active bank failure, active channel down -cutting (head -cut), active widening, and artificial hardening (such as concrete, gabion, rip -rap). ❑A < 10% of channel unstable ®B 10 to 25% of channel unstable ❑C > 25% of channel unstable 6. Streamside Area Interaction — streamside area metric Consider for the Left Bank (LB) and the Right Bank (RB). LB RB ®A ®A Little or no evidence of conditions that adversely affect reference interaction ❑B ❑B Moderate evidence of conditions (examples: berms, levees, down -cutting, aggradation, dredging) that adversely affect reference interaction (examples: limited streamside area access, disruption of flood flows through streamside area, leaky or intermittent bulkheads, causeways with floodplain constriction, minor ditching [including mosquito ditching]) ❑C ❑C Extensive evidence of conditions that adversely affect reference interaction (little to no floodplain/intertidal zone access [examples: causeways with floodplain and channel constriction, bulkheads, retaining walls, fill, stream incision, disruption of flood flows through streamside area] or too much floodplain/intertidal zone access [examples: impoundments, intensive mosquito ditching]) or floodplain/intertidal zone unnaturally absent or assessment reach is a man-made feature on an interstream divide Water Quality Stressors — assessment reach/intertidal zone metric Check all that apply. ®A Discolored water in stream or intertidal zone (milky white, blue, unnatural water discoloration, oil sheen, stream foam) ❑B Excessive sedimentation (burying of stream features or intertidal zone) ®C Noticeable evidence of pollutant discharges entering the assessment reach and causing a water quality problem ❑D Odor (not including natural sulfide odors) ❑E Current published or collected data indicating degraded water quality in the assessment reach. Cite source in "Notes/Sketch" section. ❑F Livestock with access to stream or intertidal zone ❑G Excessive algae in stream or intertidal zone ❑H Degraded marsh vegetation in the intertidal zone (removal, burning, regular mowing, destruction, etc) ®I Other: (explain in "Notes/Sketch" section) ❑J Little to no stressors 8. Recent Weather — watershed metric (skip for Tidal Marsh Streams) For Size 1 or 2 streams, D1 drought or higher is considered a drought; for Size 3 or 4 streams, D2 drought or higher is considered a drought. ❑A Drought conditions and no rainfall or rainfall not exceeding 1 inch within the last 48 hours ❑B Drought conditions and rainfall exceeding 1 inch within the last 48 hours ®C No drought conditions 9. Large or Dangerous Stream — assessment reach metric ❑Yes ®No Is stream is too large or dangerous to assess? If Yes, skip to Metric 13 (Streamside Area Ground Surface Condition). 10. Natural In -stream Habitat Types — assessment reach metric 10a. ❑Yes ❑No Degraded in -stream habitat over majority of the assessment reach (examples of stressors include excessive sedimentation, mining, excavation, in -stream hardening [for example, rip -rap], recent dredging, and snagging) (evaluate for Size 4 Coastal Plain streams only, then skip to Metric 12) 10b. Check all that occur (occurs if > 5% coverage of assessment reach) (skip for Size 4 Coastal Plain streams) ❑A Multiple aquatic macrophytes and aquatic mosses F, W ❑F 5% oysters or other natural hard bottoms (include liverworts, lichens, and algal mats) F E ❑G Submerged aquatic vegetation ❑B Multiple sticks and/or leaf packs and/or emergent o Y ❑H Low -tide refugia (pools) vegetation Y rC ❑I 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/amphipod/crayfish/shrimp) ❑ ❑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) ®E Stream bed or bank soil reduced (dig through deposited sediment if present) ❑F None of the above 17. Baseflow Detractors — assessment area metric (skip for Tidal Marsh Streams) Check all that apply. ❑A Evidence of substantial water withdrawals from the assessment reach (includes areas excavated for pump installation) ❑B Obstruction not passing flow during low -flow periods affecting the assessment reach (ex: watertight dam, sediment deposit) ®C Urban stream (>_ 24% impervious surface for watershed) ❑D Evidence that the streamside area has been modified resulting in accelerated drainage into the assessment reach ❑E Assessment reach relocated to valley edge ❑F None of the above 18. Shading — assessment reach metric (skip for Tidal Marsh Streams) Consider aspect. Consider "leaf -on" condition. ®A Stream shading is appropriate for stream category (may include gaps associated with natural processes) ❑B Degraded (example: scattered trees) ❑C Stream shading is gone or largely absent 19. Buffer Width — streamside area metric (skip for Tidal Marsh Streams) Consider "vegetated buffer" and "wooded buffer" separately for left bank (LB) and right bank (RB) starting at the top of bank out to the first break. Vegetated Wooded LB RB LB RB ®A ®A ®A ®A >_ 100 feet wide or extends to the edge of the watershed ❑B ❑B ❑B ❑B From 50 to < 100 feet wide ❑C ❑C ❑C ❑C From 30 to < 50 feet wide ❑D ❑D ❑D ❑D From 10 to < 30 feet wide ❑E ❑E ❑E ❑E < 10 feet wide or no trees 20. Buffer Structure — streamside area metric (skip for Tidal Marsh Streams) Consider for left bank (LB) and right bank (RB) for Metric 19 ("Vegetated" Buffer Width). LB RB ❑A ❑A Mature forest ®B ®B Non -mature woody vegetation or modified vegetation structure ❑C ❑C Herbaceous vegetation with or without a strip of trees < 10 feet wide ❑D ❑D Maintained shrubs ❑E ❑E Little or no vegetation 21. Buffer Stressors — streamside area metric (skip for Tidal Marsh Streams) Check all appropriate boxes for left bank (LB) and right bank (RB). Indicate if listed stressor abuts stream (Abuts), does not abut but is within 30 feet of stream (< 30 feet), or is between 30 to 50 feet of stream (30-50 feet). If none of the following stressors occurs on either bank, check here and skip to Metric 22: Abuts < 30 feet 30-50 feet LB RB LB RB LB RB ❑A ❑A ❑A ❑A ❑A ❑A Row crops ❑B ❑B ❑B ❑B ❑B ❑B Maintained turf ❑C ❑C ❑C ❑C ❑C ❑C Pasture (no livestock)/commercial horticulture ❑D ❑D ❑D ❑D ❑D ❑D Pasture (active livestock use) 22. Stem Density — streamside area metric (skip for Tidal Marsh Streams) Consider for left bank (LB) and right bank (RB) for Metric 19 ("Wooded" Buffer Width). LB RB ®A ®A Medium to high stem density ❑B ❑B Low stem density ❑C ❑C No wooded riparian buffer or predominantly herbaceous species or bare ground 23. Continuity of Vegetated Buffer — streamside area metric (skip for Tidal Marsh Streams) Consider whether vegetated buffer is continuous along stream (parallel). Breaks are areas lacking vegetation > 10 feet wide. LB RB ®A ®A The total length of buffer breaks is < 25 percent. ❑B ❑B The total length of buffer breaks is between 25 and 50 percent. ❑C ❑C The total length of buffer breaks is > 50 percent. 24. Vegetative Composition — streamside area metric (skip for Tidal Marsh Streams) Evaluate the dominant vegetation within 100 feet of each bank or to the edge of the watershed (whichever comes first) as it contributes to assessment reach habitat. LB RB ❑A ❑A Vegetation is close to undisturbed in species present and their proportions. Lower strata composed of native species, with non-native invasive species absent or sparse. ®B ®B Vegetation indicates disturbance in terms of species diversity or proportions, but is still largely composed of native species. This may include communities of weedy native species that develop after clear -cutting or clearing or communities with non-native invasive species present, but not dominant, over a large portion of the expected strata or communities missing understory but retaining canopy trees. ❑C ❑C Vegetation is severely disturbed in terms of species diversity or proportions. Mature canopy is absent or communities with non-native invasive species dominant over a large portion of expected strata or communities composed of planted stands of non -characteristic species or communities inappropriately composed of a single species or no vegetation. 25. Conductivity — assessment reach metric (skip for all Coastal Plain streams) 25a. ❑Yes ®No Was conductivity measurement recorded? If No, select one of the following reasons. ❑No Water ❑Other: 25b. Check the box corresponding to the conductivity measurement (units of microsiemens per centimeter). ❑A < 46 ❑B 46 to < 67 ❑C 67 to < 79 ❑D 79 to < 230 ❑E >_ 230 Notes/Sketch: Majority of hydrology composed of runoff and supply from abandoned SCMs. Some incision is notable within stream reach Draft NC SAM Stream Rating Sheet Accompanies User Manual Version 2.1 Ardrey Kell Relief High Stream Site Name Date of Assessment School 3/11/2021 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 MEDIUM MEDIUM (2) Baseflow MEDIUM MEDIUM (2) Flood Flow MEDIUM MEDIUM (3) Streamside Area Attenuation HIGH HIGH (4) Floodplain Access HIGH HIGH (4) Wooded Riparian Buffer HIGH HIGH (4) Microtopography MEDIUM MEDIUM (3) Stream Stability LOW LOW (4) Channel Stability MEDIUM MEDIUM (4) Sediment Transport LOW LOW (4) Stream Geomorphology MEDIUM MEDIUM (2) Stream/Intertidal Zone Interaction NA NA (2) Longitudinal Tidal Flow NA NA (2) Tidal Marsh Stream Stability NA NA (3) Tidal Marsh Channel Stability NA NA (3) Tidal Marsh Stream Geomorphology NA NA (1) Water Quality LOW LOW (2) Baseflow MEDIUM MEDIUM (2) Streamside Area Vegetation HIGH HIGH (3) Upland Pollutant Filtration HIGH HIGH (3) Thermoregulation HIGH HIGH (2) Indicators of Stressors YES YES (2) Aquatic Life Tolerance LOW NA (2) Intertidal Zone Filtration NA NA (1) Habitat LOW HIGH (2) In -stream Habitat LOW MEDIUM (3) Baseflow MEDIUM MEDIUM (3) Substrate LOW LOW (3) Stream Stability MEDIUM MEDIUM (3) In -stream Habitat LOW HIGH (2) Stream -side Habitat HIGH HIGH (3) Stream -side Habitat HIGH HIGH (3) Thermoregulation HIGH HIGH (2) Tidal Marsh In -stream Habitat NA NA (3) Flow Restriction NA NA (3) Tidal Marsh Stream Stability NA NA (4) Tidal Marsh Channel Stability NA NA (4) Tidal Marsh Stream Geomorphology NA NA (3) Tidal Marsh In -stream Habitat NA NA (2) Intertidal Zone NA NA Overall LOW MEDIUM NC SAM FIELD ASSESSMENT RESULTS user rvianuai version d.,i USACE AID #: SAW-2019-02396 NCDWR #: 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): Ardrey Kell Relief High School 2. Date of evaluation: 3/11/2021 3. Applicant/owner name: CMS Schools 4. Assessor name/organization: H.Caldwell/WEPG 5. County: Mecklenburg 6. Nearest named water body 7. River basin: Catawba on USGS 7.5-minute quad: Fourmile Creek 8. Site coordinates (decimal degrees, at lower end of assessment reach): 35.068227N/-80.838586W STREAM INFORMATION: (depth and width can be approximations) 9. Site number (show on attached map): Stream H 10. Length of assessment reach evaluated (feet): 200 11. Channel depth from bed (in riffle, if present) to top of bank (feet): 0.5 ❑Unable to assess channel depth. 12. Channel width at top of bank (feet): 2 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 A 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 A 5. Signs of Active Instability - assessment reach metric Consider only current instability, not past events from which the stream has currently recovered. Examples of instability include active bank failure, active channel down -cutting (head -cut), active widening, and artificial hardening (such as concrete, gabion, rip -rap). ®A < 10% of channel unstable ❑B 10 to 25% of channel unstable ❑C > 25% of channel unstable 6. Streamside Area Interaction — streamside area metric Consider for the Left Bank (LB) and the Right Bank (RB). LB RB ❑A ❑A Little or no evidence of conditions that adversely affect reference interaction ❑B ❑B Moderate evidence of conditions (examples: berms, levees, down -cutting, aggradation, dredging) that adversely affect reference interaction (examples: limited streamside area access, disruption of flood flows through streamside area, leaky or intermittent bulkheads, causeways with floodplain constriction, minor ditching [including mosquito ditching]) ®C ®C Extensive evidence of conditions that adversely affect reference interaction (little to no floodplain/intertidal zone access [examples: causeways with floodplain and channel constriction, bulkheads, retaining walls, fill, stream incision, disruption of flood flows through streamside area] or too much floodplain/intertidal zone access [examples: impoundments, intensive mosquito ditching]) or floodplain/intertidal zone unnaturally absent or assessment reach is a man-made feature on an interstream divide Water Quality Stressors — assessment reach/intertidal zone metric Check all that apply. ®A Discolored water in stream or intertidal zone (milky white, blue, unnatural water discoloration, oil sheen, stream foam) ❑B Excessive sedimentation (burying of stream features or intertidal zone) ®C Noticeable evidence of pollutant discharges entering the assessment reach and causing a water quality problem ❑D Odor (not including natural sulfide odors) ❑E Current published or collected data indicating degraded water quality in the assessment reach. Cite source in "Notes/Sketch" section. ❑F Livestock with access to stream or intertidal zone ❑G Excessive algae in stream or intertidal zone ❑H Degraded marsh vegetation in the intertidal zone (removal, burning, regular mowing, destruction, etc) ®I Other: (explain in "Notes/Sketch" section) ❑J Little to no stressors 8. Recent Weather — watershed metric (skip for Tidal Marsh Streams) For Size 1 or 2 streams, D1 drought or higher is considered a drought; for Size 3 or 4 streams, D2 drought or higher is considered a drought. ❑A Drought conditions and no rainfall or rainfall not exceeding 1 inch within the last 48 hours ❑B Drought conditions and rainfall exceeding 1 inch within the last 48 hours ®C No drought conditions 9. Large or Dangerous Stream — assessment reach metric ❑Yes ®No Is stream is too large or dangerous to assess? If Yes, skip to Metric 13 (Streamside Area Ground Surface Condition). 10. Natural In -stream Habitat Types — assessment reach metric 10a. ❑Yes ❑No Degraded in -stream habitat over majority of the assessment reach (examples of stressors include excessive sedimentation, mining, excavation, in -stream hardening [for example, rip -rap], recent dredging, and snagging) (evaluate for Size 4 Coastal Plain streams only, then skip to Metric 12) 10b. Check all that occur (occurs if > 5% coverage of assessment reach) (skip for Size 4 Coastal Plain streams) ❑A Multiple aquatic macrophytes and aquatic mosses F, W ❑F 5% oysters or other natural hard bottoms (include liverworts, lichens, and algal mats) F E ❑G Submerged aquatic vegetation ❑B Multiple sticks and/or leaf packs and/or emergent o Y ❑H Low -tide refugia (pools) vegetation Y rC ❑I 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/amphipod/crayfish/shrimp) ❑ ❑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) ®E Stream bed or bank soil reduced (dig through deposited sediment if present) ❑F None of the above 17. Baseflow Detractors — assessment area metric (skip for Tidal Marsh Streams) Check all that apply. ❑A Evidence of substantial water withdrawals from the assessment reach (includes areas excavated for pump installation) ❑B Obstruction not passing flow during low -flow periods affecting the assessment reach (ex: watertight dam, sediment deposit) ®C Urban stream (>_ 24% impervious surface for watershed) ❑D Evidence that the streamside area has been modified resulting in accelerated drainage into the assessment reach ❑E Assessment reach relocated to valley edge ❑F None of the above 18. Shading — assessment reach metric (skip for Tidal Marsh Streams) Consider aspect. Consider "leaf -on" condition. ❑A Stream shading is appropriate for stream category (may include gaps associated with natural processes) ®B Degraded (example: scattered trees) ❑C Stream shading is gone or largely absent 19. Buffer Width — streamside area metric (skip for Tidal Marsh Streams) Consider "vegetated buffer" and "wooded buffer" separately for left bank (LB) and right bank (RB) starting at the top of bank out to the first break. Vegetated Wooded LB RB LB RB ®A ❑A ❑A ❑A >_ 100 feet wide or extends to the edge of the watershed ❑B ❑B ®B ❑B From 50 to < 100 feet wide ❑C ®C ❑C ®C From 30 to < 50 feet wide ❑D ❑D ❑D ❑D From 10 to < 30 feet wide ❑E ❑E ❑E ❑E < 10 feet wide or no trees 20. Buffer Structure — streamside area metric (skip for Tidal Marsh Streams) Consider for left bank (LB) and right bank (RB) for Metric 19 ("Vegetated" Buffer Width). LB RB ❑A ❑A Mature forest ®B ®B Non -mature woody vegetation or modified vegetation structure ❑C ❑C Herbaceous vegetation with or without a strip of trees < 10 feet wide ❑D ❑D Maintained shrubs ❑E ❑E Little or no vegetation 21. Buffer Stressors — streamside area metric (skip for Tidal Marsh Streams) Check all appropriate boxes for left bank (LB) and right bank (RB). Indicate if listed stressor abuts stream (Abuts), does not abut but is within 30 feet of stream (< 30 feet), or is between 30 to 50 feet of stream (30-50 feet). If none of the following stressors occurs on either bank, check here and skip to Metric 22: ❑ Abuts < 30 feet 30-50 feet LB RB LB RB LB RB ❑A ❑A ❑A ❑A ❑A ❑A Row crops ❑B ❑B ®B ®B ❑B ❑B Maintained turf ❑C ❑C ❑C ❑C ❑C ❑C Pasture (no livestock)/commercial horticulture ❑D ❑D ❑D ❑D ❑D ❑D Pasture (active livestock use) 22. Stem Density — streamside area metric (skip for Tidal Marsh Streams) Consider for left bank (LB) and right bank (RB) for Metric 19 ("Wooded" Buffer Width). LB RB ®A ®A Medium to high stem density ❑B ❑B Low stem density ❑C ❑C No wooded riparian buffer or predominantly herbaceous species or bare ground 23. Continuity of Vegetated Buffer — streamside area metric (skip for Tidal Marsh Streams) Consider whether vegetated buffer is continuous along stream (parallel). Breaks are areas lacking vegetation > 10 feet wide. LB RB ®A ®A The total length of buffer breaks is < 25 percent. ❑B ❑B The total length of buffer breaks is between 25 and 50 percent. ❑C ❑C The total length of buffer breaks is > 50 percent. 24. Vegetative Composition — streamside area metric (skip for Tidal Marsh Streams) Evaluate the dominant vegetation within 100 feet of each bank or to the edge of the watershed (whichever comes first) as it contributes to assessment reach habitat. LB RB ❑A ❑A Vegetation is close to undisturbed in species present and their proportions. Lower strata composed of native species, with non-native invasive species absent or sparse. ®B ®B Vegetation indicates disturbance in terms of species diversity or proportions, but is still largely composed of native species. This may include communities of weedy native species that develop after clear -cutting or clearing or communities with non-native invasive species present, but not dominant, over a large portion of the expected strata or communities missing understory but retaining canopy trees. ❑C ❑C Vegetation is severely disturbed in terms of species diversity or proportions. Mature canopy is absent or communities with non-native invasive species dominant over a large portion of expected strata or communities composed of planted stands of non -characteristic species or communities inappropriately composed of a single species or no vegetation. 25. Conductivity — assessment reach metric (skip for all Coastal Plain streams) 25a. ❑Yes ®No Was conductivity measurement recorded? If No, select one of the following reasons. ❑No Water ❑Other: 25b. Check the box corresponding to the conductivity measurement (units of microsiemens per centimeter). ❑A < 46 ❑B 46 to < 67 ❑C 67 to < 79 ❑D 79 to < 230 ❑E >_ 230 Notes/Sketch: Majority of stream hydrology composed of runoff from adjacent commercial parking areas/urban setting Draft NC SAM Stream Rating Sheet Accompanies User Manual Version 2.1 Ardrey Kell Relief High Stream Site Name Date of Assessment School 3/11/2021 Stream Category Pal Assessor Name/Organization H.Caldwell/WEPG Notes of Field Assessment Form (Y/N) YES Presence of regulatory considerations (Y/N) NO Additional stream information/supplementary measurements included (Y/N) YES NC SAM feature type (perennial, intermittent, Tidal Marsh Stream) Intermittent USACE/ NCDWR Function Class Rating Summary All Streams Intermittent (1) Hydrology LOW LOW (2) Baseflow MEDIUM MEDIUM (2) Flood Flow LOW LOW (3) Streamside Area Attenuation LOW LOW (4) Floodplain Access LOW LOW (4) Wooded Riparian Buffer HIGH HIGH (4) Microtopography MEDIUM MEDIUM (3) Stream Stability MEDIUM MEDIUM (4) Channel Stability HIGH HIGH (4) Sediment Transport LOW LOW (4) Stream Geomorphology MEDIUM MEDIUM (2) Stream/Intertidal Zone Interaction NA NA (2) Longitudinal Tidal Flow NA NA (2) Tidal Marsh Stream Stability NA NA (3) Tidal Marsh Channel Stability NA NA (3) Tidal Marsh Stream Geomorphology NA NA (1) Water Quality LOW LOW (2) Baseflow MEDIUM MEDIUM (2) Streamside Area Vegetation MEDIUM MEDIUM (3) Upland Pollutant Filtration MEDIUM MEDIUM (3) Thermoregulation MEDIUM MEDIUM (2) Indicators of Stressors YES YES (2) Aquatic Life Tolerance LOW NA (2) Intertidal Zone Filtration NA NA (1) Habitat LOW LOW (2) In -stream Habitat LOW LOW (3) Baseflow MEDIUM MEDIUM (3) Substrate LOW LOW (3) Stream Stability HIGH HIGH (3) In -stream Habitat LOW LOW (2) Stream -side Habitat MEDIUM MEDIUM (3) Stream -side Habitat MEDIUM MEDIUM (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 LOW LOW O .4—j c� .E v v we jurisdictional Determination Information i;ismb�d plai}pooM uoijoaijuan 273(]DN/3DVSn of IaalgnS Aluo sasodind Apn;s aoj dVVY NOlIV3NI13a 1° c2 °-I LU N Q 00 o DN'/�;unoD 2anquajj�aW U- :ao; paaedaad 3S3:)0IaH:)HV 3NAINVIIV8 O z O C O � i (=j C ^ m C H m Z \� ~_ N M Z Q C w Z N O U d CA LU En 0 C, - W F Z. P oo O if ) m ° O � p Z ~ C W L Z O p 0 y N ° V 00 u V \ r °ILI N c C C W W J w N W W 01 % \ o w d ''xt m ~ V Q u W y � 1 N WU O z cr c O z R V LL Z y � u Z m n ga 6 W fY1 i C i ' w C H w O CJ Z W V z O j LL v Z e a 0 w O 0 Z � Q ¢ w C H N N 0 e = j o �.... L. 14—. Lo N Wrn f cc op ll C cF C W J QQ F VI W z O Q A C F Ln w Ln H I!1 F w >. W o e C g Lq F z _ 7 Z ED o U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Td. SAW-2019-02396 County: Mecklenburg U.S.G.S. Quad: NC- Weddington NOTIFICATION OF JURISDICTIONAL DETERMINATION Requestor: Woodfield Acquisitions, LLC Chad M. Hagler Address: 7804-C Fairview Road Charlotte, NC 29226 Telephone Number: 704-560-2793 E-mail: chagler(iwfinvest.net Size (acres) 75 Nearest Town Charlotte Nearest Waterway McAlpine Creek River Basin Santee USGS HUC 03050103 Coordinates Latitude: 35.0705 Longitude:-80.8387 Location description: The review area is located on the northeast corner of the intersection of Endhaven Lane and North Community House Road. PINS: 22348103 and 22348101. 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 10/25/2019. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any way by the permitted activity- on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. ❑ There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the waters, including wetlands have not been properly delineated, this preliminary jurisdiction determination may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an effective presumption of CWA/RHA jurisdiction over all of the waters, including wetlands at the project area, which is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters, including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. B. Approved Determination ❑ There are Navigable Waters of the United States within the above described project area/property subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ There are waters, including wetlandson the above described project area/property subject to the permit requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ We recommend you have the waters, including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. ❑ The waters, including wetlands on your project area/property have been delineated and the delineation has been verified by the Corps. The approximate boundaries of these waters are shown on the enclosed delineation map dated DATE. We strongly SAW-2019-02396 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) 508-2808 to determine their requirements. Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or placement of structures, or work within navigable waters of the United States without a Department of the Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions regarding this determination and/or the Corps regulatory program, please contact David L. Shaeffer at 704-510-1437 or david.l.shaeffer(&,,usace.armv.mil. C. Basis For Determination: Basis For Determination: See the preliminary jurisdictional determination form dated 2/6/2020. D. Remarks: None. E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. if you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Phillip Shannin, Review Officer 60 Forsyth Street SW, Room 1OM15 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.** Digitallysigned by SH AEF FER.DAVI D.LEIGH.1260750573 Corps Regulatory Official: �• Date:2020.02.0609:52:37-05'00' Date of JD: 2/6/2020 Expiration Date of JD: Not applicable SAW-2019-02396 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at http://corpsmapu.usace.army.mil/cm_apex/V`p=136:4:0 Copy furnished: Agent: Leonard S. Rindner, PLLC, WEPG Daniel Kuefler Address: 10612-D Providence Road, PMB 550 Charlotte, NC 28277 Telephone Number: 336-554-2728 E-mail: daniel.kuefler(a wetlands-eve.com NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: Woodfield Acquisitions, LLC, Chad M. File Number: SAW-2019-02396 Date: 2/6/2020 Ha lei Attached is: See Section below PROFFERED PERMIT (Standard Permit or Letter of permission) A RED PERMIT Standard Permit or Letter of ermission B DENIAL LAPPROVED C JURISDICTIONAL DETERMINATION D INARY JURISDICTIONAL DETERMINATION E SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at or http://www.usace.army.mil/Missions/CivilWorks/Re ug lator.T�gramandPermits.aspx or the Corps regulations a '3 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section TT of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section IT of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Cotes to reevaluate the JD. SECTION ii - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision and/or the If you only have questions regarding the appeal process you may appeal process you may contact: also contact: District Engineer, Wilmington Regulatory Division Mr. Phillip Shannin, Administrative Appeal Review Officer Attn: David L. Shaeffer CESAD-PDO Charlotte Regulatory Office U.S. Army Corps of Engineers, South Atlantic Division U.S Army Corps of Engineers 60 Forsyth Street, Room 1 OM15 8430 University Executive Park Drive, Suite 615 Atlanta, Georgia 30303-8801 Charlotte, North Carolina 28262 Phone: (404) 562-5137 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportunit to participate in all site investigations. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: David L. Shaeffer, 69 Darlington Avenue, Wilmington, North Carolina 28403 For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Phillip Shannin, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8501 Phone: (404) 562-5137 PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: 2/6/2020 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Woodfield Acquisitions, LLC, Chad M. Hagler, 7804-C Fairview Road, Charlotte, NC 29226 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Ballantyne Archdiocese Site, SAW- 2019-02396 D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The review area is located on the northeast corner of the intersection of Endhaven Lane and North Community House Road. PINS: 22348103 and 22348101. (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: NC County: Mecklenburg City: Charlotte Center coordinates of site (lat/long in degree decimal format): Latitude: 35.0705 Longitude:-80.8387 Universal Transverse Mercator: Name of nearest waterbody: McAlpine Creek E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑ Office (Desk) Determination. Date: ® Field Determination. Date(s): 1 /21 /2020 by the Corps TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION. Estimated amount of Geographic authority to Type of aquatic Latitude (decimal Longitude (decimal aquatic resources in resources (i.e., which the aquatic resource Site Number review area (acreage "may be" subject (i.e., degrees) degrees) wetland vs. non - and linear feet, if Section 404 or Section wetland waters) applicable 10/404) Intermittent 35.06990000 -80.83970000 375If Non -Wetland 404 Stream A Waters Perennial 35.07080000 -80.83750000 1000 if Non -Wetland 404 Stream B Waters Wetland C 35.07050000 -80.84020000 0.05 ac Wetland 404 Intermittent 35.07090000 -80.83760000 725If Non -Wetland 404 Stream D Waters Wetland E 35.07330000 -80.83950000 1.1 ac Wetland 404 Intermittent 35.07040000 -80.83980000 550If Non -Wetland 404 Stream F Waters Wetland G 35.07140000 -80.83910000 4.1 ac Wetland 404 Intermittent 35.06850000 -80.83850000 150If Non -Wetland 404 Stream H Waters Fourmile 35.07490000 -80.83890000 1800If 404 Non -Wetland Creek Waters 1) The Cotes of Engineers believes that there may be jurisdictional aquatic resources in the review area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an approved JD (AJD) for that review area based on an informed decision after having discussed the various types of JDs and their characteristics and circumstances when they may be appropriate. 2) In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general peirnit verification requiring "pre- construction notification" (PCN), or requests verification for a non -reporting NWP or other general permit, and the permit applicant has not requested an AJD for the activity, the permit applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit authorization based on a PJD, which does not make an official determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an AJD could possibly result in less compensatory mitigation being required or different special conditions; (3) the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) undertaking any activity in reliance upon the subject permit authorization without requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AJD or a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered individual permit (and all ternns and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it becomes appropriate to make an official determination whether geographic jurisdiction exists over aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic resources in the review area, the Corps will provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that there "may be"waters of the U.S. and/or that there "may be navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the review area that could be affected by the proposed activity, based on the following information: SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items should be included in subject tile. Appropriately reference sources below where indicated for all checked items: ® Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Map: Figure 6 dated 10/25/2019 ® Data sheets prepared/submitted by or on behalf of the PJD requestor. ® Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. Rationale: ❑ Data sheets prepared by the Corps: ❑ Corps navigable waters' study: ® U.S. Geological Survey Hydrologic Atlas:Nationalma og_v ® USGS NHD data. ® USGS 8 and 12 digit HUC maps. ❑ U.S. Geological Survey map(s). Cite scale & quad name: ® Natural Resources Conservation Service Soil Survey. Citation: ESRT Soils Mapservice ®National wetlands inventory map(s). Cite name: USFWS NWT Mapservice ❑ State/local wetland inventory map(s): ❑ FEMA/FIRM maps: ❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929) ® Photographs: ❑Aerial (Name & Date): or ®Other (Name & Date): Photos 1-6 dated 6/4/2019 ❑ Previous determination(s). File no. and date of response letter: ❑ Other information (please specify): IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for later jurisdictional determinations. Digitally signed by SHAEFFER.DAVID.LEIGH.126 ' 0750573 Date: 2020.02.06 09:53:21 -05'00' Signature and date of Regulatory staff member completing PJD 2/6/2020 Signature and date of person requesting PJD (REQUIRED, unless obtaining the signature is impracticable) 1 1 Districts may establish timeframes for requester to return signed PJD forms. If the requester does not respond within the established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action. uoijvwijiaan 273O.7N/3,)vs 1 of laalgnS Aluo sasodind Apn;s aoj 0. •O dVVY NOlIV3NI13a W Ln :)II'suoi;ismb:)d plai;pooM D DN'AjunOD 2anquajj:)aW o c-I :ao; paiedaad 3S3:)0IaH:)HV 3NAINVIIV8 LL _ w W Q •g F `Ln U a C ^ `;e, v m J H w F N Q m w [] F O rn Z Z O as W e�-I -- - , W W O ' CD F `� rrj J iU L1 W � Z Q Z r y rr g d i J S W O - • • 17a >j Z o LO I� cr z W p� Q > Z Z F LL • if y. � � v �,� tr o - �-�yy`�_ z LLL W ry W LU Ln Ln `V til yaj ' •�•:v-' Z llti ;i' Ln cr Z r F C 1` ••. W �'` O F Z -+ V Z W zui C C OC W yaj F K O Z HOW 1 7 o rY - d f5 -d LU CD Occ o _ ~ Z ~ u ■ w Ln D m Ln _ •e' ;fir• .. .� s V v ti Z m f Z O N a a- J i O Q v oC 22 Threatened & Endangered Species Report Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. Threatened / Endangered / Protected Species Evaluation For: BALLANTYNE ARCHDIOCESE Mecklenburg County, North Carolina By: Lisa R. Gaffney August 31, 2020 Field investigation conducted August 26 & 27, 2020. Charlotte Office: www.wetiands-epg.com Asheville Office: 10612-D Providence Rd. 1070 Tunnel Rd., Bldg. I PMB 550 Suite 10, PMB 283 Charlotte, NC 28277 Asheville, NC 28805 (704) 904-2277 I en. ri nd ner@wet Ian ds -epg. co nn Ballantyne Archdiocese - Threatened /Endangered /Protected Species Evaluation GENERAL LANDSCAPE DESCRIPTION: The Ballantyne Archdiocese site (+/- 75 acres) is located just east of Johnston Road, and just north of N. Community House Road in Mecklenburg County, North Carolina. It can be found on the Weddington, NC USGS Topographic Quadrangle Map; latitude is 35.0705 N, longitude is-80.8387 W. The topography consists of upland ridges grading into moderate slopes and flat floodplain of Fourmile Creek. The elevation ranges from 530 to 600 ft. (Figure 1). The site is covered with a secondary growth, disturbed mixed pine/hardwood and bottomland forest, and is disturbed throughout. Figure 1: r � /r ~'� � PouRILm� CREEK APPROXIMATE PRO}ECT BOUNDARY STUDY LIMITS _41 r �` LOCATION f f — Lat: 35.0705 N Long.-80.83S7 W HUC:03050103 SCALE U S" AD LOWERCATAWBA I:24,000ingtan,NC A,r; 9AL LANTYNE ARCH DI GEESE Prepared For! r1- R.S MN klrnhurg Cn., NC TERWILLiGER PAPPAS f IGURE 1 USGS MAP nr,�wr, Ry: R ;awed RV: 5/]3/PI Subjerr m USACE^ CdC4 vcrftoiiart Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. Ballantyne Archdiocese - 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 on August 26 and 27, 2020. Table 1: Threatened / Endangered / Protected Species listed for Mecklenburg County County: Mecklenburg, NC *Source: US Fish & Wildlife Service **Data search on August 26, 2020 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. Ballantyne Archdiocese - 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#00574 Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. Ballantyne Archdiocese - Threatened /Endangered /Protected Species Evaluation RESULTS: Most of the site is covered with a secondary growth, mixed pine/hardwood forest, grading into a bottomland forest and disturbed floodplain of Fourmile Creek. There is a sewer line right of way along the creek corridor. There are old dirt - gravel roads traversing portions of the site. There are turf grass strip buffers with cultivated trees and shrubs as well as overhead power lines along the eastern perimeter on Johnston Road, behind the adjacent commercial property, and down to Community House Road. Portions of the power line corridors had been recently mowed at the time of the survey. The disturbed tree cover grades from being dominated by pines on the uplands, to mixed hardwoods on the slopes and bottomland forest into the floodplain. Canopy species include Loblolly Pine (Pinus taeda), Short -leaf Pine (P. echinata), Virginia Pine (P. virginianus), Willow Oak (Quercus phellos), White Oak (Q. alba), Southern Red Oak (Q. falcata), Sweet Gum (Liquidambar styraciflua), Tulip Poplar (Liriodendron tulipifera), and Red Maple (Acer rubra). Floodplain trees include Sycamore (Platanus occidentalis), Cottonwood (Populus deltoides), and Green Ash (Fraxinus pennsylvanica). Subcanopy species include Red Cedar (Juniperus virginiana), Sourwood (Oxydendrum arboreum), Flowering Dogwood (Corpus f/orida), and American Holly (Ilex opaca). The shrub layer is dominated by Russian Olive (Elaeagnus umbellate) and Chinese Privet (Ligustrum sinense), with Tag Alder (Alnus serrulata), Multiflora Rose (Rosa multif/ora), and Elderberry (Sambucus canadensis) in the wetter areas. Vines include Trumpet Creeper (Campsis radicans), Japanese Honeysuckle (Lonicera japonica), Muscadine (Vitis rotundifolia), Poison Ivy (Toxicodendron radicans), and Catbrier (Smilax sp.). The herb layer is thin on the drier uplands and slopes, increasing on the lower slopes and includes Christmas Fern (Polystichum acrostichoides), Elephant's Foot (Elephantopus tomentosus), Crane -fly Orchid (Tipularia discolor), Grapefern (Botrychium sp.), and Japanese Stiltgrass (Microstegium vimineum). Additional herbs observed in the more mesic areas and in the floodplains include Sedge (Carex spp.), Rush (Juncus spp.), River Oats (Chasmanthium latifolium), False Nettle (Boehmeria cylindrica), River Cane (Arundinaria gigantea), Swamp Rose Mallow (Hibiscus moscheutos), and Knotweed (Polygonum sp.). Along the Fourmile Creek corridor there is a utility road and sewer line right of way that is maintained by mowing and bush hogging at different intervals, with semi open, disturbed scrub/shrub thickets of Blackberry (Rubus spp.), Winged Sumac (Rhus copallinum) and Groundsel Tree (Baccharis halimifolia). Transitional areas along the power lines, tree lines, and road edges are dominated by common weedy species including Johnson Grass (Sorghum halepense), Sericea Lespedeza (Lespedeza cuneata), Ragwort (Packera sp.), Indian Hemp (Apocynum cannabinum), Broomsedge (Andropogon virginicus), Goldenrod (Solidago sp.), Ragweed (Ambrosia artemisiifolia), Pokeweed WEPG#00574 Wetlands and Environmental Planning Group Ballantyne Archdiocese - Threatened /Endangered /Protected Species Evaluation (Phytolacca americans), Rabbit Tobacco (Gnapthalium obtusifolium), Beggars Ticks (Desmodium sp.), and Dogfennel (Eupatorium capillifolium). Threatened & Endangered/Protected Species Results • All potential habitats for Schweinitz's Sunflower along the roadsides, utility rights -of -way, transitional areas 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 roadsides, utility rights -of -way, transitional areas and woods edges were examined, and the species was not observed. WEPG concludes Smooth Coneflower (Echinacea /aevigata) does not occur on the site. • All potential habitats for Michaux's Sumac along the roadsides, utility rights -of -way, transitional areas 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 /eucoceaha/us) 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 Lona-eared Bat. WEPG#00574 6 Wetlands and Environmental Planning Group Ballantyne Archdiocese - Threatened /Endangered /Protected Species Evaluation RECOMMENDATIONS: Based on the site investigation and the review of available data, WEPG did not identify any protected species occurring on the subject property. No further investigation of the presence of protected species on this site is recommended at this time. Respectfully submitted, Lisa R. Gaffney Biologist August 31, 2020 Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. Ballantyne Archdiocese - 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 ua United States Department of the Interior FSERVIUE .� FISH AND WILDLIFE SERVICE Asheville Field Office 160 Zillicoa Street Asheville, North Carolina 28801 June 14, 2021 Ms. Lisa Gaffney Wetlands and Environmental Planning Group 1070 Tunnel Rd. Bldg. 1 Suite 10, PMB 283 Asheville, NC 28805 lisa.gaffney@wetlands-epg.com Subject: Ballantyne Archdiocese Development; Mecklenburg County, North Carolina Dear Ms. Gaffney: On May 13th, 2021, we received your letter or information requesting our comments on the subject project. We have reviewed the information that you presented, and the following comments are provided in accordance with the provisions of the National Environmental Policy Act (42 U.S.C.§ 4321 et seq.); the Fish and Wildlife Coordination Act, as amended (16 U.S.C. 661 - 667e); the Migratory Bird Treaty Act, as amended (16 U.S.C. 703); and section 7 of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 - 1543) (Act). Project Description According to the information provided, the proposed project would entail the construction of multifamily housing and public high school with roadway appurtenances on approximately 74 acres in Charlotte, North Carolina. Onsite habitats consists of successional forested areas, transitional habitats, rights -of -way and corridors of Fourmile Creek. Your correspondence did not provide site plans, impacts or proposed impact avoidance, minimization, and/or mitigation measures. Federally Listed Endangered and Threatened Species Service records show historic occurrences for the federally endangered Schweinitz's sunflower (Helianthus schweinitzii), Michaux's sumac (Rhus michauxii) and Smooth coneflower (Echinacea laevigata) in the project vicinity and suitable habitat occurs onsite. Targeted surveys for these species were conducted, August 26th, 2020 and August 27th, 2020, during their respective optimal survey windows. No evidence for these plants was detected at that time. Based on the information provided, we have no concerns for any other federally protected species and we require no further action at this time. Please be aware that obligations under section 7 of the Endangered Species Act must be reconsidered if: (1) new information reveals impacts of this identified action that may affect listed species or critical habitat in a manner not previously considered, (2) this action is subsequently modified in a manner that was not considered in this review, or (3) a new species is listed or critical habitat is determined that may be affected by the identified action. We offer the following general recommendations on behalf of natural resources: Erosion and Sediment Control Construction activities near aquatic resources, streams, and wetlands have the potential to cause bank destabilization, water pollution, and water quality degradation if measures to control site runoff are not properly installed and maintained. In order to effectively reduce erosion and sedimentation impacts, best management practices specific to the extent and type of construction should be designed and installed prior to land disturbing activities and should be maintained throughout construction. Natural fiber matting (coir) should be used for erosion control as synthetic netting can trap animals and persists in the environment beyond its intended purpose. Land disturbance should be limited to what can be stabilized quickly, preferably by the end of the workday. Once construction is complete, disturbed areas should be revegetated with native riparian grass and tree species as soon as possible. For maximum benefits to water quality and bank stabilization, riparian areas should be forested; however, if the areas are maintained in grass, they should not be mowed. The Service can provide information on potential sources of plant material upon request. A complete design manual that is consistent with the requirements of the North Carolina Sedimentation and Pollution Control Act and Administrative Rules, can be found at the following website: https://deg.nc.gov/about/divisions/energy-mineral-land-resources. Low Impact Development The Service is concerned about the potential storm water -mediated impacts to streams onsite. Where detention ponds are used, storm -water outlets should drain through a vegetated area prior to reaching any natural stream or wetland area. Detention structures should be designed to allow for the slow discharge of storm water, attenuating the potential adverse effects of storm water surges; thermal spikes; and sediment, nutrient, and chemical discharges. Since the purpose of storm water control is to protect streams and wetlands, no storm water control measures or best management practices should be installed within any stream (perennial or intermittent) or wetland. We recommend that retention ponds be located at least 750 feet from small wetlands to minimize hydrologic disturbance and ecological function. We recommend that consideration be given to the use of pervious materials (i.e., pervious concrete, interlocking/open paving blocks, etc.) for the construction of roads, driveways, sidewalks, etc. Pervious surfaces minimize changes to the hydrology of the watershed and can be used to facilitate groundwater recharge. Pervious materials are also less likely to absorb and store heat and allow the cooler soil below to cool the pavement. Additionally, pervious concrete requires less maintenance and is less susceptible to freeze/thaw cracking due to large voids within the concrete. Pollinators Pollinators, such as most bees, some birds and bats, and other insects, including moths and butterflies, play a crucial role in the reproduction of flowering plants and production of most fruits and vegetables. Over 75 percent of flowering plants and about 75 percent of crops are pollinated by these types of fauna. A recent study of the status of pollinators in North America by the National Academy of Sciences found that populations of honey bees (which are not native to North America) and many wild pollinators are declining. Declines in wild pollinators are a result of disease and the loss, degradation, and fragmentation of habitat. Because loss of habitat 2 and diminished native food sources have decreased the populations and diversity of pollinators throughout the country, we recommend that development projects be sited in areas that are previously disturbed (fallow fields, closed industrial sites, etc.) or sites that do not impact mature forests, streams, or wetlands. We have records of rare species in the area, including monarch butterfly (Danaus plexippus plexippus), a federal candidate for listing.' Monarch butterflies east of the Rocky Mountains used to number in the hundreds of millions but the population has declined by approximately 80 percent. Loss of habitat due to genetically modified crops, overuse of herbicides and insecticides, urban, suburban and agricultural development, disease, climate change, and overwintering site degradation are the leading causes of monarch decline. Adults use a wide variety of flowering plants throughout migration for nectar and breeding. However, milkweed plants (Asclepius spp.) are essential to monarch breeding as these are the only genus of plants that can host monarchs in their larval form. For a regional and seasonal list of plants important to monarch butterflies, please visit the Xerces Society website at: http://www.xerces. org/monarch-nectar plants/. Although the provisions of section 7 of the Act do not currently apply to candidate species or other non -listed pollinators, we would greatly appreciate your assistance in determining if monarch butterflies or suitable habitat for the species is present on the proposed project site. If individuals or suitable habitat is present, impacts should be avoided. More specific information about monarch butterfly can be found at the Service website dedicated to the species at: https: //www.fws.govlsavethemonarchl. To reduce development impacts to monarch butterflies and other pollinators and/or to increase the habitat and species diversity within the project area, we recommend the following measures be incorporated into project designs: 1. Throughout the site, avoid non-native seed mixes and plants. Instead, sow native seed mixes and plant species that are beneficial to pollinators. a. Avoid seed mixes and plants that have been pre-treated with insecticides, such as neonictinoids. b. Taller -growing pollinator plant species should be planted around the periphery of the site and anywhere on the site where mowing can be restricted during the summer months. Taller plants, not mowed during the summer, would provide benefits to pollinators, habitat for ground-nesting/feeding birds, and cover for small mammals. c. Native low-growing/groundcover species should be planted in areas that need to be maintained. This would provide benefits to pollinators while also minimizing the amount of maintenance, such as mowing and herbicide treatment. d. Using a seed mix that includes milkweed species is especially beneficial for monarch "Taxa for which the [Fish and Wildlife] Service has on file enough substantial information on biological vulnerability and threat(s) to support proposals to list them as endangered or threatened. Proposed rules have not yet been issued because this action is precluded at present by other listing activity. Development and publication of proposed rules on these taxa are anticipated. The Service encourages State and other Federal agencies as well as other affected parties to give consideration to these taxa in environmental planning" (Federal Register, February 28, 1996). Taxa formerly considered as "Category F are now considered as "candidates." 3 butterflies. The following website provides additional information and a comprehensive list of native plant species that benefit pollinators: http://www.xerces.org/pollinator-resource-center/mid-atlantic. We also offer our assistance with developing seed mixes that can be used in conjunction with fast growing erosion control seed mixes for overall soil stability and pollinator benefits. e. Additional information regarding plant species, seed mixes, and pollinator habitat requirements can be provided upon request. 2. Mowing and grounds maintenance, including pesticide use, should be scheduled to not interfere with monarch breeding or nectaring at project sites that occur along the migration route. To reduce harm, we advise mowing in the fall or winter when flowers are not in bloom. 3. Provide nesting sites for pollinator species. Different pollinators have different needs for nesting sites. Therefore, we recommend project designs include a diverse array of habitats to accommodate varied pollinators. For example: a. Hummingbirds typically nest in trees or shrubs. b. Many butterflies lay eggs on specific host plants. c. Most bees nest in the ground and in wood or dry plant stems. d. For additional information and actions that can be taken to benefit pollinators, please visit the following website: https://www.fws.gov/pollinators/. 4. Minimize effects of outdoor light pollution. Recent studies indicate that artificial lighting disrupts the natural reproduction and feeding patterns of nocturnal pollinators such as beetles and moths. This disruption results in a decrease of pollination rates in plants and a decrease in the health and diversity of nocturnal pollinators. When developing an outdoor lighting plan or installing any outdoor lighting devices, we recommend the following measures be considered to minimize potential adverse effects of outdoor lighting: a. Decrease the number of light fixtures, as practicable, to meet lighting objectives. b. Install lighting only in areas that need illumination for safety (e.g. paths, roads, etc.). Avoid lighting landscape features such as trees, shrubs, or building facades. c. Install fully shielded lights that direct light downward. d. Use only low-pressure sodium (LPS), high-pressure sodium (HPS), or light emitting diode (LED) light sources that emit "warm" light. "Warm" light sources are those that contain low amounts of blue light in their spectrum. Choosing light sources with a color temperature of no more than 3,000 Kelvins will minimize the effects of blue light exposure. e. For additional information and actions that can be taken to reduce outdoor light pollution, please visit the following website: https://www.darksky.org/our- work/lighting/lighting for-citizens/lighting-basics/. The Service appreciates the opportunity to provide these comments. Please contact Ms. Karla Quast of our staff at Karla_Quast@fws.gov, if you have any questions. In any future correspondence concerning this project, please reference our Log Number 4-2-21-302. Sincerely, - - original signed - - Janet Mizzi Field Supervisor 4 U Cultural Resources Report R.S. Webb & Associates Cultural Resource Management Consultants 2800 Holly Springs Parkway, Suite 200 • P.O. Drawer 1319 Holly Springs, Georgia 30142 Phone: 770-345-0706 • Fax: 770-345-0707 June 16, 2021 Mr. Heath Caldwell Leonard S. Rindner, PLLC Wetlands & Environmental Planning Group 3714 Spokeshave Lane Matthews, North Carolina 28105 Subject: Findings - Cultural Resources Literature Review (Revised) Ballantyne Archdiocese Development Tract Whiteoak, Mecklenburg County, North Carolina R.S. Webb & Associates No. 21-649-138 Dear Mr. Caldwell: BACKGROUND During May and June 2021, R.S. Webb & Associates (RSWA) conducted a cultural resources literature review for the proposed Ballantyne Archdiocese development tract in the Whiteoak community of Mecklenburg County, North Carolina. The proj ect area covers approximately 86 acres and is located southeast of the confluence of McAlpine Creek (west) and Four Mile Creek (north) and northeast of the current intersection of the Johnston Road and North Community House Road/Endhaven Lane in south Mecklenburg County (Figure 1). For this study, a cultural resource is defined as a discrete area of human activity that is at least 50 years old. Cultural resources include, but are not limited to, archeological sites, historic structures, military earthworks, mines/mining features, historic cemeteries, and historic landscape features. The purpose of the current study was to determine if previously recorded cultural resources are located within the project area. METHODOLOGY Through the State Historic Preservation Office's (SHPO) HPOWEB database, information was reviewed regarding National Register of Historic Places (NRHP) properties, Mecklenburg County surveyed -only historic resources, local landmarks, state study -list sites and historic resources determined by the SHPO to be eligible for the NRHP. The North Carolina Office of State Archaeology (OSA) provided RSWA with information via email regarding archeological sites within 1.6 kilometers (km) (1.0 mile) of the project area. This information included site forms, location maps and partial or full reports. Historic county maps were examined online through North Carolina Maps, a collaboration of the University of North Carolina, the State Archives of North Carolina, and the Outer Banks History Center. Historic aerial photography and additional historic maps were accessed through Historicaerials.com, Earthexplorer.usgs.gov, Legacy.lib.utexas.edu/maps/, and/or Alabamamaps.ua. edu. The following primary sources were found to be useful in searching for historic resources within and adjacent to the project area: Findings - Cultural Resources Literature Review, Ballantyne Archdiocese Tract (Revised) Page 2 June 16, 2021 • 1891 Official Military Atlas of the Civil War (Davis et al. reprinted, 1983) • 1905 USDA Charlotte, North Carolina -South Carolina 15-Minute quadrangle • 1910 USDA Soil Map of Mecklenburg County • 1911 County Commissioner's Map of Mecklenburg County • 1912 Rural Delivery Map of Mecklenburg County • 1938 and 1953 State Highway and Public Works Commission Map of Mecklenburg County • 1955, 1960, 1968, 1978, and 1983 aerial photographs of Mecklenburg County • 1968 USDA Weddington, NC -SC 7.5-Minute quadrangle • 1993-2018 Google Earth aerial photography. RESULTS Previous Archeological Investigations: OSA records indicate no fewer than nine previous cultural resources investigations located within 1.0 km of the study tract, two of which were located within approximately 300 m of the study tract (Figure 1). These surveys include an archeological survey for a roadway interchange located southwest of the current study tract (Lautzenheiser 1989) and an archeological evaluation/survey for a proposed sewer line corridor located south and east of McAlpine Creek which passed through the northwestern corner of the current project area (Holm et al. 2000) (Figure 1). Previous Architecturallnvestigations: According to SHPO personnel, the North Carolina HPOWEB database is the definitive source of all architectural survey information for Mecklenburg County. National Register of Historic Places: There are no NRHP-listed historic properties located within 1.0 km of the current study tract. Mecklenburg County Historic Resources: The HPOWEB database identifies no state study -list sites, local landmarks or properties determined eligible for the NRHP within 1.0 km of the study tract. Recorded Archeological Sites: The OSA database indicates that 11 recorded archeological sites have been identified within 1.0 km of the project area, the closest of which, 31MK526, is in or near the Johnston Road corridor and 300 m southwest of the project area (Figure 1). The recorded site is known by a surface collection of late 19' or early 20' century artifacts from a disturbed area near a mill pond dam. The associated survey report indicates that subsurface testing produced no additional artifacts and that the site did not appear to be eligible for the NRHP (Lautzenheiser 1989). Revolutionary War Actions/Features: There were at least five reported Revolutionary War military engagements in Mecklenburg County and several other such events in surrounding counties; no such events took place within 12 km of the study tract (Lewis 2021). Civil War Actions/Features: Review of the Official Military Atlas of the Civil War (Davis et al. 1983) revealed that no significant Civil War military activity occurred in present Mecklenburg County, North Carolina. Union General William T. Sherman, following the capture of Columbia, South Carolina on February 17, 1865, moved north to the vicinity of Kershaw, Lancaster County, South Carolina (61 km southeast), but his army then turned northeast and moved toward Laurel Hill and Fayetteville, North Carolina, thus bypassing the project region (Davis et al. 1983). Findings - Cultural Resources Literature Review, Ballantyne Archdiocese Tract (Revised) Page 3 June 16, 2021 Historic Cemeteries: The USGS topographic maps reviewed show no cemeteries mapped within 1.0 km of the project area. Structures on Historic Maps and Aerial Photographs: Early 20th century maps indicate that Endhaven Lane is a historic road corridor that split south of the project area and continued beyond the project area to points west and south. As many as four buildings were present near this road corridor, approximately 160 m southwest of the project area (Figure 1). By 1968, it appears that the westerly branch of the historic road corridor (to McAlpine Creek) was abandoned and the south branch became primary; no other roads appeared in or near the study tract prior to the late 1980s or early 1990s. As many as nine structures, some within complexes, may have been located within the southern part of the project area during the middle to late 20th century; two other structures were present just beyond the southeastern project area boundary during this period (Figure 1). Aerial photographs from 1955 reflect the aforementioned abandonment of the west -branch road, south of the project area. The project area was mostly in cultivation or pasture with islands of woods throughout the tract. This use of the project tract appears to have been associated with a dwelling - outbuilding complex dating to the middle of the 20th century located within the southern part of the study tract north of Endhaven Lane; two additional dwellings were in place within the southwestern project area boundary by 1965 (Figure 1). After 1960, cultivation in the study tract ceased and reforestation occurred. Aerial photographs taken in 1978 and 1983 suggest that the older dwelling/ outbuilding complex had been abandoned and its site was reclaimed by woods; the two above - referenced dwellings were still present in the southern part of the prof ect tract. The prof ect area was unimproved and entirely wooded as of 1983. Modern utility work occurred in the project area during the late 20th century, with the balance of the study tract being wooded. Aerials from 1994 show that the modern school campus with associated open space in the south central and southeastern part of the project area were in place by that time. CONCLUSIONS There are no NRHP-listed properties, determined -eligible properties, study -listed resources, designated local landmarks, cemeteries, otherwise recorded historic resources, or recorded archeological sites located within or adjacent to the study tract. The closest known cultural resource is an archeological site located 300 m southwest of the project area. Aerial photographs indicate middle 20th century agricultural use of the study tract apparently associated with one or more structure complexes located in the southern part of the study tract. CLOSING COMMENTS Mr. Caldwell, we appreciate the opportunity to work with you on this project. If you have any questions or comments, please contact me at 770-345-0706. Sincerely, iR.S. WEBB ASSOCIATES J Y Robert S. (Steve) Webb President and Senior Principal Archeologist Attachments: Figure 1 Findings - Cultural Resources Literature Review, Ballantyne Archdiocese Tract (Revised) Page 4 June 16, 2021 REFERENCES Davis, G.B., L. J. Perry and J. W. Kirkley, compiled by C. D. Cowles 1983 Atlas to Accompany the Official Records of the Union and Confederate Armies. Reprint of the 1891-1895 edition. The Fairfax Press, New York. Holm, M.A., S.E. Bamann, and L. Lautzenheiser 2000 Archaeological Evaluation and Survey of Portion of McAlpine Creek, Mecklenburg County, North Carolina. Coastal Carolina Research, Inc. Tarboro, North Carolina. Lautzenheiser, L. 1989 Archaeological Survey of US 521 Relocation, Mecklenburg County, North Carolina. Coastal Carolina Research, Inc. Tarboro, North Carolina. Lewis, J.D. 2021 The American Revolution in North Carolina. Internet -Online. Found at: http://www.carolana.comNC/Revolution/home.html. Accessed April 2021. N. QUADRANGLE LOCATION 30� • Recorded Archeological Site ❑ Structure on Historic Maps and Aerial Photographs Map Reference: 7.5-Minute USGS Quadrangle Weddington, North Carolina (2019) F D4VFN L MEG Wp --- Road on Historic Maps and Aerial Photographs — Previous Archeological Project Scale 0 305 meters 0 1000 feet Figure 1 Previous Projects and Recorded Cultural Resources North Carolina Department of Natural and Cultural Resources State Historic Preservation Office Ramona M. Bartos, Administrator Governor Roy Cooper Secretary Reid Wilson June 28, 2021 Heath Caldwell Leonard S. Rindner, PLLC Office of Archives and History Deputy Secretary Kevin Cherry heath. caldwellkwetlands-epg Re: Construct multi -use development, Ballantyne Archdiocese property, intersection of Toringdon Way & North Community House Road, Charlotte, Mecklenburg County, ER 21-1265 Dear Mr. Caldwell: Thank you for your letter of May 12, 2021, regarding the above -referenced undertaking. We have reviewed the submittal and offer the following comments. We have conducted a review of the project and are aware of no historic resources which would be affected by the project. Therefore, we have no comment on the project as proposed. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, contact Renee Gledhill -Earley, environmental review coordinator, at 919-814-6579 or environmental.reviewkncdcr.gov. In all future communication concerning this project, please cite the above referenced tracking number. Sincerely, (1,�-o-Q-. uQ- to Ramona Bartos, Deputy State Historic Preservation Officer cc: John Hamby, Restoration Systems, LLC jhabmy_(r)c restorationsystems.com Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: (919) 807-6570/807-6599