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HomeMy WebLinkAbout20220079 Ver 1_ePCN Application_20220113fr.,f DW R mrlsloa of ware. Resources Pre -Construction Notification (PCN) Form For Nationwide Permits and Regional General Permits (along with corresponding Water Quality Certifications) December 6, 2021 Ver 4.2 Initial Review Has this project met the requirements for acceptance in to the review process?* Yes No Is this project a public transportation project?* Yes No Change only if needed. BIMS # Assigned* 20220079 Is a payment required for this project? No payment required Fee received Fee needed - send electronic notification Reviewing Office* Mooresville Regional Office - (704) 663-1699 Information for Initial Review 1a. Name of project: Rinehardt Road Subdivision 1a. Who is the Primary Contact?* Daniel Kuefler 1 b. Primary Contact Email: * daniel.kuefler@wetlands-epg.com Date Submitted 1/13/2022 Nearest Body of Water Reeds Creek Basin Catawba Water Classification WS-IV,B Site Coordinates Latitude: 35.5979 A. Processing Information County (or Counties) where the project is located: Iredell Is this a NCDMS Project Yes No Longitude: -80.8304 Is this project a public transportation project?* Yes No 1a. Type(s) of approval sought from the Corps: Section 404 Permit (wetlands, streams and waters, Clean Water Act) Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) Version# * 1 What amout is owed?* $240.00 $570.00 Select Project Reviewer* Doug Perez:eads\djperez 1c. Primary Contact Phone:* (336)554-2728 Has this PCN previously been submitted?* Yes No 1 b. What type(s) of permit(s) do you wish to seek authorization? Nationwide Permit (NWP) Regional General Permit (RGP) Standard (IP) 1c. Has the NWP or GP number been verified by the Corps? Yes No Nationwide Permit (NWP) Number: NWP Numbers (for multiple NWPS): 1d. Type(s) of approval sought from the DWR: 401 Water Quality Certification - Regular Non-404 Jurisdictional General Permit Individual 401 Water Quality Certification 29 - Residential Developments le. Is this notification solely for the record because written approval is not required? For the record only for DWR 401 Certification: For the record only for Corps Permit: 1f. Is this an after -the -fact permit application?* Yes No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? Yes No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? Yes No 1 h. Is the project located in any of NC's twenty coastal counties? Yes No 1j. Is the project located in a designated trout watershed? Yes No B. Applicant Information 1d. Who is applying for the permit? Owner Applicant (other than owner) le. Is there an Agent/Consultant for this project? Yes No 2. Owner Information 2a. Name(s) on recorded deed: MT Land Rinehardt LLC 2b. Deed book and page no.: 2c. Contact Person: Charles Myers 2d.Address Street Address 141 Providence Road Address Line 2 City Charlotte Postal / Zip Code 28207 2e. Telephone Number: (336)554-2728 2g. Email Address: daniel.kuefier@wetiands-epg.com 401 Water Quality Certification - Express Riparian Buffer Authorization State / Province / Region NC Country USA 2f. Fax Number: Yes No Yes No U 3. Applicant Information (if different from owner) 3a. Name: Fred Matrulli 3b. Business Name: Pulte Group, Inc 3c.Address Street Address 11121 Carmel Commons Blvd Address Line 2 City Charlotte Postal / Zip Code 28226 3d. Telephone Number: (336)554-2728 3f. Email Address:" am bar.I ipsky@wetlands-epg.com 4. Agent/Consultant (if applicable) 4a. Name: Daniel Kuefler 4b. Business Name: Wetlands & Environmental Planning Group, PLLC 4c.Address Street Address 10612-D Providence Road Address Line 2 PMB 550 City Charlotte Postal / Zip Code 28226 4d. Telephone Number: (336)554-2728 4f. Email Address:* daniel.kuefier@wetlands-epg.com C. Project Information and Prior Project History 1. Project Information State / Province / Region NC Country USA 3e. Fax Number: State / Province / Region NC Country USA 4e. Fax Number: 1 b. Subdivision name: (if appropriate) 1c. Nearest municipality I town: Mooresville 2. Project Identification 2a. Property Identification Number: 4657674630,4657661793,4657653348, 2b.Property size: 4657645948,4657755102,4657659665 124 2c. Project Address Street Address Address Line 2 City State / Province / Region Postal / Zip Code Country 3. Surface Waters 3a. Name of the nearest body of water to proposed project: Reeds Creek 3b. Water Resources Classification of nearest receiving water:* WS-IV,B 3c. What river basin(s) is your project located in?* Catawba 3d. Please provide the 12-digit HUC in which the project is located. 030501011203 4. Project Description and History 4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: * The site is located just west Rinehardt Road and just north of Highway 150 in Mooresville, Iredell County, NC. The topography consists of gently sloping upland, grading into moderate slopes down to the floodplain of Reeds Creek, with the elevation ranging from 810 to 890 ft. The site is covered with pine stands, disturbed woodland slopes and streams, open fields, several single family home sites, and a small pond. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?* Yes No Unknown If yes, please give the DWR Certification number or the Corps Action ID (exp. SAW-0000-00000) 4f. List the total estimated acreage of all existing wetlands on the property: 1.8615 4g. List the total estimated linear feet of all existing streams on the property: 5,189 4h. Explain the purpose of the proposed project: The proposed development will include impacts to two streams and two wetland due to road crossings and associated utilities. 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?* Yes No Unknown Comments: 5b. If the Corps made a jurisdictional determination, what type of determination was made?* Preliminary Approved Not Verified Unknown N/A Corps AID Number: SAW-2020-01813 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 K. Stygar (USACE) on 8/24/21. A copy of the signed JD approval is included in the Jurisdictional Determination Information section. The Rapanos update is included in this package. 6. Future Project Plans 6a. Is this a phased project?* Yes No Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity? D. Proposed Impacts Inventory 1. Impacts Summary 1a. Where are the impacts associated with your project? (check all that apply): Wetlands Streams -tributaries Buffers Open Waters Pond Construction 2. Wetland Impacts 2a1 Reason (?) 2b. Impact type* (?) 2c. Type of W.* 2d. W. name* 2e. Forested* 2f. Type of Jurisdicitilarsa* ?) 2g• Impact W1 Culvert P Bottomland Hardwood Forest Wetland C Yes Corps 0.074 W2 Construction Access T Bottomland Hardwood Forest Wetland C Yes Corps (acres) 0.005 W3 Culvert P Bottomland Hardwood Forest Wetland K Yes Corps (acres) 0.004 (acres) W4 Fill P Isolated Wetlands Non -Jurisdictional Yes DWR 0.017 Isolated Wetland L (acres) 2g. Total Temporary Wetland Impact 0.005 2g. Total Wetland Impact 0.100 21. Comments: 3. Stream Impacts 2g. Total Permanent Wetland Impact 0 095 1-1 3a. Reason for impact (?) 3b.lmpact type* 3c. Type of impact* 3d. S. name* 3e. Stream Type* Type of 3g. S. width* 3h. Impact (?) �3f. Jurisdiction* length* S7 Road Crossing Permanent Culvert Stream A Perennial Corps 126 Average (feet) (linear feet) S2 Stabilization Permanent Fill Stream N Intermittent Corps7 20 Average (feet) (linear feet) S3 Construction Access Permanent Workpad/Causeway Stream A Perennial Corps 15 Average (feet) (linear feet) S4 Construction Access Permanent Workpad/Causeway JZrn N ��]Intermittent Corps E;;;]�near feet) 31. Total jurisdictional ditch impact in square feet: 0 31. Total permanent stream impacts: 248 31. Total stream and ditch impacts: 248 3j. Comments: S1- 0.016 AC S2- 0.003 AC E. Impact Justification and Mitigation 1. Avoidance and Minimization 31. Total temporary stream impacts: 0 la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: Impacts associated with the proposed development were limited through site selection, design, and location/orientation of the proposed lots and access routes. Multiple alignments to access to the amenity were evaluated. The proposed crossing was designed to cross at the most narrow point and retaining walls will be used to minimize impacts to other onsite waters. The applicant has demonstrated avoidance and minimization efforts by avoiding 97 % of onsite streams and 96 % of onsite wetlands. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Construction techniques will implement approved erosion control methods to avoid/minimize impacts to onsite/adjacent offsite receiving conveyances. Where possible, 3:1 slopes and the maximum allowable headwalls will be used to minimize crossing impacts. based on discussions between WEPG and project enginners, multiple road and utility alignments and redesgins were considered to minimize required road crossing impacts and eliminate several utility crossing impacts. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? Yes No 2b. If this project DOES NOT require Compensatory Mitigation, explain why: Due to limited anticipated impacts to Waters of the US, that stay below the typical mitigation thresholds for this watershed, no compensatory mitigation is proposed. Please refer to the NCSAM section for additional information on the quality of Stream N. 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? Yes 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? Yes No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? Yes No 2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater program? Yes No N/A - project disturbs < 1 acre 2d. Which of the following stormwater management program(s) apply: Local Government State Local Government Stormwater Programs Phase II NSW USMP Water Supply Please identify which local government stormwater program you are using. City of Statesville Comments: Stormwater on the site will be handled by facilities shown on the attached plans. The stormwater plan has not yet been submitted to City of Statesville but will be designed to meet their criteria. G. Supplementary Information 1. Environmental Documentation la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? Yes No 2. Violations (DWR Requirement) 2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15A NCAC 2B .0200)? * Yes No 3. Cumulative Impacts (DWR Requirement) 3a. Will this project result in additional development, which could impact nearby downstream water quality? Yes No 3b. If you answered "no," provide a short narrative description. No additional phases are proposed. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* Yes No N/A 4b. Describe, in detail, the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated at a treatment plant, list the capacity available at that plant. Wastewater generated on the site will be transported to the nearest treatment facility via sewer lines. 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or habitat?* Yes No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* Yes No 5c. If yes, indicate the USFWS Field Office you have contacted. Asheville 5d. Is another Federal agency involved?* Yes No 5e. Is this a DOT project located within Division's 1-8? Yes No 5f. Will you cut any trees in order to conduct the work in waters of the U.S.? Yes No 5g. Does this project involve bridge maintenance or removal? Yes No 5h. Does this project involve the construction/installation of a wind turbine(s)?* Yes No Unknown 51. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.? Yes 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. The report has been submitted to FWS for concurrence. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?" Yes No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?" No essential habitat in this region. 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?* Yes 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.arcgis.com/ 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain?* Yes No 8b. If yes, explain how project meets FEMA requirements: No net grading/fill will occur in the floodplain. 8c. What source(s) did you use to make the floodplain determination?"` www.fema.gov https://iredell.connectgis.com/Disclaimer.aspx?ReturnUrl= / 2fMap.aspx Miscellaneous Please use the space below to attach all required documentation or any additional information you feel is helpful for application review. Documents should be combined into one file when possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred. Click the upload button or drag and drop files here to attach document Rinehardt Road PCN.pdf 29.69MB File must be PDF or KMZ Comments A complete PCN package is attached. Signature By checking the box and signing below, I certify that: • The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief'; and • The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. • I have given true, accurate, and complete information on this form; • I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); • I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); • I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND • I intend to electronically sign and submit the PCN form. Full Name: Daniel Kuefler Signature Date 1/13/2022 WEPG Preliminary ORM Data Entry Fields for New Actions Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. SAW — 2021 - 01573 BEGIN DATE [Received Date]: Prepare file folder ❑ Assign Action ID Number in ORM ❑ 1. Project Name [PCN Form A2a]: Rinehardt Road Subdivision 2. Work Type: Private � Institutional11 Government ❑ Commercial ❑ 3. Project Description / Purpose [PCN Form 133d and 133e]: NWP 29 for residential development 4. Property Owner / Applicant [PCN Form A3 or A4]: Pulte Group, LLC 5. Agent / Consultant [PCN Form A5 —or ORM Consultant ID Number]: WEPG, PLLC c/o Daniel Kuefler 6. Related Action ID Number(s) [PCN Form 135b]: 7. Project Location - Coordinates, Street Address, and/or Location Description [PCN Form 131b]: 35.5979-80.8304 Rinehardt Road, Mooresville, NC 8. Project Location -Tax Parcel ID [PCN Form 131a]: multiple, please see attached 9. Project Location —County [PCN Form A2b]: Iredell 10. Project Location — Nearest Municipality or Town [PCN Form A2c]: Mooresville 11. Project Information — Nearest Waterbody [PCN Form 132a]: Reeds Creek 12. Watershed / 8-Digit Hydrologic Unit Code [PCN Form B2c]:Catawba (03050101 ) Authorization: Section 10 ❑ Section 404 �✓ Section 10 & 404 ❑ Regulatory Action Type: ❑ Standard Permit U Nationwide Permit # 29 ❑ Regional General Permit # Jurisdictional Determination Request ❑Pre -Application Request Unauthorized Activity ❑ Compliance ❑ No Permit Required Oa Wks] 11[6111 1% Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. January 13, 2022 Ms. Krysta Stygar 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 Subject: SAW-2020-01813; Pre -Construction Notification for NWP #29 for the Rinehardt Road Subdivision site in Mooresville, Iredell County, North Carolina Ms. Stygar, Messrs. Johnson, Wcjoski, and Hamstead, Enclosed is a request for Nationwide Permit 929 for the Rinehardt Road Subdivision site on approximately 124 acres west of Rinehardt Road and north of Highway 150 in Mooresville, NC. The site is a proposed residential development and consists of seven streams, five wetlands, one open water pond, and one non jurisdictional isolated wetland. An Approved Jurisdictional Determination Request was authorized in August 2021. Please refer to the JD Section for information on onsite surface waters, including updated AJD materials that reflect the current WOTUS definitions and surveyed project boundary. As shown on the attached exhibits, the proposed project will include permanent impacts to two streams and two wetlands for road crossing access and fill due to grading, as well as utility Charlotte Office: www.wetlands-epg.com Asheville Office: 10612-D Providence Rd. 1070 Tunnel Rd., Bldg. I PMB 550 Suite 10, PM 283 Charlotte, NC 28277 Asheville, NC 28805 (704)904-2277 1 len. ri ndner@wetlands-epg.corn Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. installation associated with the proposed development. 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 lots and access routes. Headwalls are proposed and 3:1 slopes will be implemented to limit impacts to site surface waters. Total permanent impacts proposed include 146 linear feet (0.019 AC) of stream impact (Streams A and N) and 0.0777 acres of wetland impacts (Wetlands C and K). The access crossing was necessary to connect to the required onsite amenity. The Ordinary High Water Line was flagged and surveyed to evaluate multiple crossing locations. Multiple alignments were evaluated to minimize impacts to the maximum extent possible. The remaining impacts required for grading are to meet safety requirements but have been reduced to extent possible. The applicant has demonstrated substantial avoidance and minimization efforts in which 96% of the 1.8615 acres of onsite wetlands and 97% of the 5,189 linear feet onsite streams will be avoided. Due to limited anticipated impacts to Waters of the US, that stay below the typical mitigation thresholds for this watershed, no compensatory mitigation is proposed. Please refer to the NCSAM section for additional information on the quality of Stream N. Also enclosed is a copy of our Threatened/Endangered Species Evaluation for the site. No listed species were identified within the project area and we believe that there will be no effect on listed species, or their critical habitat as designated under Section 7 of the Endangered Species Act. This report has been submitted to Fish & Wildlife Service for concurrence. Please refer to the Threatened and Endangered Species Evaluation Section for additional details on the terrestrial species evaluation. Thank you for your consideration and please contact me if you have any questions, (336)554-2728 or email at daniel.kuefler kwetlands-epg com. Sincerely, i Daniel Kuefler, PWS Environmental Scientist Charlotte Office: 10612-D Providence Rd. PMB 550 Charlotte, NC 28277 (704)904-2277 len.rindner@wetlands-epg.com www.wetiands-epg.com '4' Len Rindner, PWS Principal Asheville Office: 1070 Tunnel Rd., Bldg. I Suite 10, PMB 283 Asheville, NC 28805 C O V d d Q L. N CL Permit Application E 0 w c LL O Z a w i d a N 0 W 7 o Ci > •07 � r _ N d ;~ d N 0 C Z � v a C 0 0 CL w m IL G O O V v U) O = W 3 0 z V C O LL .d. 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N 0 w z d O O OCh } N O m m .t O ' o > In C w a O r n Q co Q z « co•O 0 Z m = O c o G :E m U) T 9 O N W Z 49 co t to in O U � a3 C � � a3 N O C 3 :o •U 'C a) U a(1) w (1) O a c � L — U d 3 x C a) -0 N U a) U+' C 7 O N C CL LO U O c U(1)O y - U (a L 3 — c CO aa) m 2 E-0LL wa ya� o y Co-0 m � ' r- rn — a�i o -0 aa) L a) a)O -0 Z y p) O M c � � Co "+ i L C O O Q ai L ai L U � O � C a3 a) E o. N c N N ojj Q 2 H w 0 z n cn } E a 0 0 a rl 0 rn U a C N a t a 0 a t 0 O) U U c N tm a rl 0 z O N } O ch a 0 �o G E U N cm L cq w O_ m E U C N O_ L aD 3 O d 2 w 0 z d } O K d N cq O. c� G N 0 I L D E NN7 of X a N ld a) E m tU N E U y m U C Co O 8 rn(D ca 0 E L JD \ 33 ai 3 a t 2 a a1 L U :d fd y N m co U co d z U d CL a� E C G 8 E V Q v O a0 � ( � � m C 0) YZ E k 7 x ' cn E m � ) m (D @ — % E 75 L \ o c a $ U.■ o o k _ DocuSign Envelope ID: 6B939CE0-5FC0-4EFA-BC5F-F3435AE25557 WEPG- Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. Agent Authorization Letter The purpose of this form is to authorize our firm to act on your behalf in matters related to aquatic resource (i.e. stream/wetlands) identification/mapping and regulatory permitting. The undersigned, who are either registered property owners or legally authorized to conduct due diligence activities on the property as identified below, do hereby authorize associates of Leonard S. Rindner, PLLC, Wetlands and Environmental Planning Group (WEPG) to act on my behalf and take all actions necessary for the processing, issuance, and acceptance of applicable permit(s) and/or certification(s). Proj ect/Site Name: Rinehardt Road Subdivision Property Address: Rinehardt Road, Mooresville, NC Parcel Identification Number (PIN): 4657674630, 4657659767, 4657659652, 4657659439, 4657659287, 4657755102, 4657647767, 4657645948, 4657653332, 4657664282 Select one: I am other Name: Fred Matrulli Company: Pulte Home Company, LLC Mailing Address: 11121 Carmel Commons Blvd. Charlotte, NC 28226 Telephone Number: (704) 212-6338 Electronic Mail Address: Fred.Matrulli@PulteGroup.com —DocuSigned by: FMI At'q l Interested Buyer* / Other" 11/30/2021 Date * The Interested Buyer/Other acknowledges that an agreement and/or formal contract to purchase and/or conduct due diligence activities exists between the current property owner and the signatory of this authorization in cases where the property is not owned by the signatory. Charlotte Office: www.wetlands-epg.com Asheville Office: 10612-D Providence Rd. 1070 Tunnel Rd., Bldg. PMB 550 Suite 10, PM 283 Charlotte, NC 28277 Asheville, NC 28805 (704)904-2277 len. rindner@wetlands-epg.com N _05 N Q 05 10 Maps/Plans 4 15a 2 Mooresville \(3 I I eyv iF5V -�6 spS -�6 W FIGURE 1 Acres: +/- 124 6114121 UPDATED 11118121 n W 4 RINEHARDT ROAD SUBDIVISION Iredell Co., NC VICINITY MAP Subject to USACE/NCDEQ verification IdeuI Dr Prepared for: MT LAND Drawn By: Reviewed By: BLK DCK Edited By: ALL 13$7, b N AINk i PROJECTBOUNDARY STUDY LIMITS'.. r ILL "I F Lancaster's -BQ a u rrlto L O'R fl}A u o Parts i The Pit nd oor far acing Walgreens 'Ilia A v r S ppl} Co A B u rger Ding Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. len. rindner@wetlands-epg.com (704) 904-2277 www.vvetiands-epg.com PROJECT BOUNDARY ' STUDY LIMITS I } REEDS CREEKif I J + L � • � � _ r' %%. IF r - r •— % f 1 it.L r P-1 1 5 r �L, -- I i I IL i r r J. Y %-1 ' 1�• r• y � � 'k r' � r -• r 74 T_z rr ter{ �- r r ' i LOCATION- �_ _• '�•� , if j■ Lat: 35.5979 °N ' Long:-80.8304 °W _ Dup HUC: 03050101 USGS QUAD SCALE N UPPER CATAWBA Mooresville NC 1:24 000� ��r 1993 r Acres: RINEHARDT ROAD SUBDIVISION Prepared for: +/- 124 Iredell Co., NC MT LAND FIGURE 6114121 USGS MAP Drawn By: Reviewed By: UPDATED BLK 11118121 Subject to USACE/NCDEQ verification Edited By: DCK ALL UO3 HC o n r r ' 4 *i� M1 CC �• + Y�{ f L. i` + , �(_ PROJECT BOUNDARY + +' o - STUDY LIMITS + T CW C"IC2 CCU s- IpA -06 lee f LC ` ' `J !' y Milo . + 3 f _ r ! G .x. N NRCS Soil Survey Manuscript Iredell County 1964 I Map Unit Description Cw Chewacla soils LcD3 Lloyd clay loam, 10 - 15% slopes, severely eroded LcC3 Lloyd clay loam, 6 - 10% slopes, severely eroded LfC2 Lloyd fine sandy loam, 6 - 10% slopes, eroded Lf132 Lloyd fine sandy loam, 2 - 6% slopes, eroded Mn Mixed alluvial land, wet MoD Moderately gullied land, hilly Acres: RINEHARDT ROAD SUBDIVISION Prepared for: +/- 124 Iredell Co., NC MT LAND FIGURE 4 6114121 SOIL SURVEY MANUSCRIPT MAP Drawn By: Reviewed By: UPDATED BLK DCK Subject to USACE/NCDEQ verification 11/18/21 Edited By: ALL r jj_ III iI _ 1 L A P I • ■ - r` L 1 - - PROJECT BOUNDARY I STUDY LIMITS l 1 _ f FEMA FLOODPLAIN r AS PER IREDELL -' + COUNTY ONLINE GIS r I f ILEA Acres: RINEHARDT ROAD SUBDIVISION Prepared for: +/- 124 Iredell Co., NC MT LAND FIGURE 5 6114121 FLOODPLAIN MAP Drawn By: Reviewed By: UPDATED BLK 11118121 Subject to USACE/NCDEQ verification Edited By: DCK 1,•1, ALL PID:4657661793 - MT LAND RINEHARDT LLC I i " I I ,4 I _ I PID:4657653348 MT LAND RINEHARDT LLC + PID: 4657674630 _ MT LAND RINEHARDT LLC I t I ' I • PROJECT BOUNDARY STUDY LIMITS I� �y7 S� L� 7. �I 1 I ��• PID:4657659665 I MT LAND RINEHARDT LLC _J I I LI PID:4657645948 MT LAND RINEHARDT LLC I I - I SIP I PID:4657755102 MT LAND RINEHARDT LLC 141 PROVIDENCE ROAD CHARLOTTE, INC 28207 ' N Parcel Information Provided by Iredell County GIS 2022 J � r-• � _ _ _ J I�; r 1] I r Acres: RINEHARDT ROAD SUBDIVISION Prepared for: +/- 124 Iredell Co., NC PULTE GROUP FIGURE 6 6114121 PARCEL MAP Drawn By: Reviewed By: UPDATED Subject to USACE/NCDEQ verification ALL DCK 116122 �PWPaa as�sLk� °�I91Sa.4� " SNOWONOOJNIlSlx3'S,13n2ns-i:Dvsl BLOBL JN NNPaWnH YLPL a4.nSKl wp4P4� LILB i ®uyaaupvj LO ain,Pa,epryatlPPSP4Pl i a „�� o LHZdS9LS9Y �(al�uosuaH H 18lYSLL994'089YL9L99Y'L9L699L99Y'Z99699L996'6EY699L996 pool MZY99L29Y'8Y MLS9Y'Z888S9LS91' 9LLY9L99Y:OI 1308Vd 2 8 / NOISIAI(lonS (IV08 l(INVH3NI8 z=, z- O= O?� °S °5 e r o ci Z`so " O �❑ o _ — o�- ozF. z O <�2 z_ o� O m o w ee <�w Z - boa a P ogz z w< >v o � 0❑ i r� ® " O \ ZLL �Z LLOF w ! 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I I m L — z�i I ~¢ a� 5a i� z o i 3z zQo a _ z� � z 0 z /`,r/ 3� Qoi (D ow 3 �i� Z s< zro u zZ zo oz o Ium Woo � o7 � twa / w za< z zafaz c� z r Ill :'I 9%ice P"\ xgo � <� ra °_ ° �< i w8°8o gd � ,_ ,3„ LV O I 30 O az I 'C mo < Ii �gF 5m s , ° O ? ��„ to Oo 0 o ti \ 'NORTH ARROW JURISDICTIONAL ° •. POND CCC - 1.217 AC JURISDICTIONAL ������'•,, CROSS � S WETLAND C/CC - 1.682 AC SECTION 8 (SL8)_ -JURISDICTIONAL 695 SF PERMANENT "A" S TRIBUTARY A - 836 LF STREAM IMPACT L HW 2 \ H W 1 �. I I ''••-.,.,.,.,.,., ,.......,..,.,.,.,..,., 120 LF OF 36" RCP .% II g 126 LF OF PERMANENT STREAM''A'' IMPACT / TEMPORARY STREAM ^'••._-_,_-,. .• ''A'' IMPACT - 80 SF (TO BE REPAIRED) TEMPORARY WETLAND- "C" IMPACT - 208 SF _� JURISDICTIONAL (CONTRACTOR TO REMOVE 6-12" OF TOP SOIL IN DISTURBED AREA. TOP ✓ WETLAND B/BB 0.165 AC i SOIL TO BE PLACED ON FABRIC AND / J IRU SDICTIONAL, f REPLACED UPON COMPLETION) TRIBUTARY A - 836 LF WETLAND " C " IMPACT 1 3,209 SF - 0.073 AC TOTAL STREAM "A" LF PERMANENT IMPACT = 126 LF - 695 SF -� TOTAL WETLAND 'C/CC" SF / AC PERMANENT IMPACT = 3,209 SF - 0.073 AC r r 0 20 40 80 GRAPHIC SCALE 1"=40 FT. RINEHARDT SUBDIVISION 40SCALE HensonFoley w STREAM "A" IMPACT DATE:11-9-2020 Landscape Architecture I Civil Engineering 121 Gilead Road, HuntersAlle NC 28078 704.875.1615f: 704.875.0959 PLAN FILE: 217005 Q 9 p: 1 1 www.hensonfoley.com 845 845 84C 340 PROPOSED GRADE PROPOSED GRADE 3:1 ROAD TIE OUT SLOPE 3:1 ROAD TIE OUT SLOPE 83 335 83 120 LF OF 36" RCP - 0.8%SLOPE 30 HW 1 INV OUT:829.20 (HW 2) INV HW 2 IN:828.20 (HW 1) STA=1+33.76 EG ELEV= 830.00 STA=0+12.45 EG ELEV= 829.00 dEXISTING GRADE 1 1 1 82 _�_ PIPE TO BE SUMPED BY 8" 7H 25 CD CD Lr) lr�' 00 O O N 00 "I: 0� 0` r CD r 00 00 0000 00 0000 w b b b b b LL.I LL.I LL. LL.I LL. 0+00 0+50 1+00 1+50 AMENITY CREEK CROSSING PROFILE - 1 " = 40' EXISTING CREEK TOB SL-H (CREEK MEANDERS AWAY FROM PIPE CENTERLINE) PROPOSED GRADE 81 MN0MNMN.E.E.E' RINEHARDT SUBDIVISION 40SCALE N HensonFoley W STREAM "A" IMPACT DATE:11-9-2020 Landscape Architecture I Civil Engineering 121 Gilead Road, HuntersAlle NC 28078 p: 704.875.1615f: 1 704.875.0959 1 www.hensonfoley.com PROFILE i Q 10 FILE: 21 7005 PVI STA: 3+00.00 PVI ELEV: 840.22 K: 30.00 LVC: 285.00 0 o LOW 'T. STA: 3+22.50 0 + LOW PT ELEV: 843.52 nj + 860 > v > 860 sso 0 PROPOSED GRADE Qoo1. 00 o o. o x N 0 o 0 � g EXISTING GRADE 36" RCP PIPE TO BE SUMPED o " 00 N v 01 v o c14 o v ch o v ch ch o rn u7 o c� o co a o v CO 0, co co v v o -0 v v v v v b y N v co v v v Cu C� Cu C� Cu C� Cu C� Cu C� Cu C� Cu C� w w w w w w w w w w w w w w 1 1+50 2+00 2+50 3+00 3+50 4+00 4+50 AMENITY DRIVEWAY ALT PROFILE - 1 " = 40' H - 1 " = 4' V RINEHARDT SUBDIVISION SCALE: co HensonFoley STREAM "A" DRIVEWAY DATE:11-9-2020 W Landscape Architecture I Civil Engineering / i, 121 Gilead Road, HuntersAlle NC 28078 704.875.1615f: 704.875.0959 PROFILE FILE: 217005 V 11 p: 1 1 www.hensonfoley.com Q "REE NORTH ARROW TOTAL STREAM "N" LF PERMANENT IMPACT = 20 LF 140 SF -.WW 1.... ..... ................. .... ........ ..... .� .,.. �~ = TEMPORARY STREAM JURISDICTIONAL JURISDICTIONAL "N" IMPACT - 610 SF TRIBUTARY TRIBUTARY "N" - 173 LF "— (POTENTIAL IMPACT FROM WALL DS CREEK" - 3,200 LF INSTALLATION & SITE GRADING) AERIAL SEWER CROSSING (TO BE RESTORED TO ORIGINAL CONDITIONS) i 802 j 804 806_ + i i —808— �5' POBLIC + + * 810* p + �q � f —812 AERIAL FOOT PATH CROSS �� 814 SECTION 1 (SL1) PROPOSED WALL CROSS i �816 SECTION 2 (SL2) \` 818 20 LF OF PERMANENT STREAM "N" IMPACT �8z 140 SF PERMANENT a2z — STREAM "N" IMPACT \ I � � A AA —� 0 20 40 80 GRAPHIC SCALE 1"=40 FT. RINEHARDT SUBDIVISION 40SCALE N H e n s o n F o l ey x DATE: 1 1-9-2020 Landscape Architecture Civil Engineering STREAM " N " PLAN (w FILE: 217005 121 Gilead Road, Hunfersville NC 28078 p: 704.875.1615f: 1 704.875.0959 1 www.hensonfoley.com v Q 12 825 825 TOP OF PROPOSED WALL ELEV= 820.06 20 82 SMALL TO PROMOTE DEPRESSION INFILTRATIOI AT Wf 15 81 10 PROPOSED GRADE 81 05 80 BOTTOM OF PROPOSED WALL ELEV= 801.46 PERFORATED PIPE TC INFILTRATION & COI\ FLOWS TO STREAM ''I EXISTING GRADE 00 —tt80 APPROXIMATE ELEVATION 800.45' STREAM 95 79 0 o 00 00 0 0 0 0 0 0 0 0 o o o� o� iL. 000 000 000 000 000 000 w 66 66 66 w LL. w LL. w LL. w LL. 0+00 0+50 1+00 1+50 2+00 STREAM N PROFILE - 1 " = 40' ACCEPT FINUE I„ RINEHARDT SUBDIVISION N 40SCALE H e n s o n F o l ey DATE: 1 1-9-2020 w Landscape Architecture Civil Engineering STREAM " N " PROFILE / 121 Gilead Road, Hunfersville NC 28078 704.875.1615f: 704.875.0959 FILE: 217005 Q 13 p: 1 1 www.hensonfoley.com SL-1 SL-2 PROPOSED GRADE 31 " TOP OF BANK RETAINING WALL RETAINING WALL EXISTING GRADE 0 a a -30 PROPOSED GRADE 8 �1 RETAINING WALL RETAINING WALL 81 1 IF TOP OF BANK 8 m EXISTING GRADE 7 790 10 10 RINEHARDT SUBDIVISION N 40SCALE H e n s o n F o l ey DATE: 1 1-9-2020 w Landscape Architecture Civil Engineering STREAM " N " SECTIONS / 121 Gilead Road, Hunfersville NC 28078 704.875.1615f: 704.875.0959 FILE: 217005 Q 14 p: 1 1 www.hensonfoley.com W N E S NORTH ARROW TOTAL WETLAND 'K" SF / AC PERMANENT IMPACT = 170 SF - 0.0039 AC \ PROPOSED � EXISTING CULVERT PIPE 1 SEWER MAIN - / JURISDICTIONAL TRIBUTARY "J" - 38 LF ++ I JURISDICT ON L " ° ••� •�,,,.,.., "K" 0.0039 AC (ETLAND JI JURISDICTIONAL TRIBUTARY: "REEDS CREEK" -3,200 LF ;� i CROSS WETLAND 'K" PERMANENT / SECTION 7 (SL7) IMPACT 2 - 170 SF - 0.0039 AC C I J / o ( I .• • I I + RINEHARDT SUBDIVISION 40SCALE x DATE: 1 1-9-2020 H e n s o n F o l ey Landscape Architecture Civil Engineering WETLAND " I C/ \" IMPACT (w v 121 Gilead Road, Hunfersville NC 28078 p: 704.875.1615f: 1 704.875.0959 1 www.hensonfoley.com FILE: 217005 Q 15 SL-7 0 -,0 ,0 0530 30 8 20 PROPOSED GRADE 6+00 7+00 CROSS \ \—SECTION 3 (SL3) \\ CROSS <\ SECTION 4 (SL4) J �t 1 \ NON JURISDICTIONAL ISOLATED \ WETLAND V- PERMANENT IMPACT_ \\\\ 730SF-0.0168AC CROSS SECTION 5 (SL5) \\I ed4 CROSS SECTION 6 (SL6) 1 — 41 � I _ _ _ _ TOTAL WETLAND V' SF PERMANENT IMPACT = 730 SF - 0.0168 AC k NOITIA110W 8+00 0 20 40 80 GRAPHIC SCALE 1"=40 FT. RINEHARDT SUBDIVISION 40SCALE 4 HensonFoley NON JURISDICTIONAL DATE:11-9-2020 w Landscape Architecture I Civil Engineering ( � 121 15f: 1 Road, H0959 1 ille NC 28078 ISOLATED WETLAND L v p:704.875.1615f: 704.875.0959 www.hensonfoley.com FILE: 21 7005 Q 1 7 S L-3 S L-4 54 -10 10 -10 4o a 10 40 PROPOSED GRADE PROPOSED GRADE TOP OF BANK TOP OF BANK 53 30 11 530 52 11 520 51 10 81 10 EXISTING GRADE EXISTING GRADE 50 M 8 10 1 10 10 00 S L-5 S L-6 -10 10 -10 10 54 40 PROPOSED GRADE a PROPOSED GRADE 40 53 3 xv TOP OF BANK TOP OF BANK 8 30 52 2L j- / 82C, 520 51 10 EXISTING GRADE i a1 10 EXISTING GRADE Soo M ao 05 0 0 ID 40 10 RINEHARDT SUBDIVISION 04 40SCALE HensonFoley W NON JURISDICTIONAL ISOLATED DATE:11-9-2020 Landscape Architecture I Civil Engineering 121 Gilead Road, HuntersAlle NC 28078 WETLAND "L" SECTIONS / i / p: 704.875.1615f: 1 704.875.0959 1 www.hensonfoley.com FILE: 21 7005 Q 1 18 , m 3wNidNa 'a eNiadNE)Niisvw - 3ovsn n(�'Ii iS66S9LS9t F jUOSU2H o r� F 14, 13 VM99b'0£9bL9L99b"L9L65959b'Z59699L99b'6£b699LS9b _ 'Z8Zt99LS9t'8t69b9L99t ZEEE99L991,'L9LL49L99t:41113bVd O NOISInla9ns GVON ICINVHININ a �� \ v� ��� a� _o� �� i/ Il� ii��l/ l I I�� �111� a t Sao oa o �a g 671 z gL;t �o Q� Ta\c)e/ �— \���VA�VAII IIIII � � ���= i1p i �� I ///(�V<<AV�VI IIIIIIIII�IIIIIII V�1�\(I\l�\III IIIII is �' � '� � I I1 AAA VAV/�II�V III IIII IIII III � v v III i,I o z- s vv III vIv aQ I I /l I I iipi i �LL �— (/so 11-'�� — �� �Iv�vvvv�v vv z v v vvv vvv // IvAvIIIv I - -'%��I j�il�� �'� � ,� � •' � �i'� �� �� � I III///�/��/ IIII I � o �., � IIIIII//�%/fljll \1I �� w WNW II ���A��� \7 1 ;I � ,/I I IIIII/IIIIIIIIIII � ll�ll'1V o Lr) V1 111 V� VA \V��Ac f z o d r t� i IIII IIII I �I �I _I I u oLu a �,�� i 111 III�IIII�I IIII I\III 1 II\ \\\VA a 6 l� II/I IV(1 \ A\' I� IIII I I IVA��� \VA I \ \V o ojQ\� _ AlA ..fir — I 4 1A)�J/IIIA�. U77 ao /�/ /i �� �� Vi ii� I lo I �//)I /� III�J",5 I �{ _�� J'�, � �m z � �� i�GP � il� ✓ / to I I I- II�/_\ O O ' O � � I� �� %_� / l\ bzI V a�l!II/� �� �� Q U Z N CSAM NC SAM FIELD ASSESSMENT RESULTS user rvianuai version d.,i USACE AID #: SAW-2021-01573 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): Rinehardt Road Subdivision 3. Applicant/owner name: Pulte Group, LLC 5. County: Iredell 7. River basin: Catawba 2. Date of evaluation: 11/18/21 Assessor name/organization: H. Caldwell, A. Li Nearest named water body on USGS 7.5-minute quad: Reeds Creek 8. Site coordinates (decimal degrees, at lower end of assessment reach): 35.5918,-80.8297 STREAM INFORMATION: (depth and width can be approximations) 9. Site number (show on attached map): Stream N 10. Length of assessment reach evaluated (feet): 100 11. Channel depth from bed (in riffle, if present) to top of bank (feet): 1 ❑Unable to assess channel depth. 12. Channel width at top of bank (feet): 4.5 13. Is assessment reach a swamp steam? ❑Yes ❑No 14. Feature type: ❑Perennial flow ®Intermittent flow ❑Tidal Marsh Stream STREAM CATEGORY INFORMATION: 15. NC SAM Zone: ❑ Mountains (M) ® Piedmont (P) ❑ Inner Coastal Plain (1) ❑ Outer Coastal Plain (0) 16. Estimated geomorphic ®A El valley shape (skip for Tidal Marsh Stream): (more sinuous stream, flatter valley slope) (less sinuous stream, steeper valley slope) 17. Watershed size: (skip ®Size 1 (< 0.1 mi2) ❑Size 2 (0.1 to < 0.5 mil) ❑Size 3 (0.5 to < 5 mil) ❑Size 4 (>_ 5 mil) for Tidal Marsh Stream) ADDITIONAL INFORMATION: 18. Were regulatory considerations evaluated? ®Yes ❑No If Yes, check all that apply to the assessment area. ❑Section 10 water ❑Classified Trout Waters ❑Water Supply Watershed (❑l ❑II ❑III ❑IV ❑V) ❑Essential Fish Habitat ❑Primary Nursery Area ❑ High Quality Waters/Outstanding Resource Waters ❑Publicly owned property ❑NCDWR Riparian buffer rule in effect ❑Nutrient Sensitive Waters ❑Anadromous fish ❑303(d) List ❑CAMA Area of Environmental Concern (AEC) ❑Documented presence of a federal and/or state listed protected species within the assessment area. List species: ❑Designated Critical Habitat (list species) 19. Are additional stream information/supplementary measurements included in "Notes/Sketch" section or attached? ®Yes ❑No 1. Channel Water— assessment reach metric (skip for Size 1 streams and Tidal Marsh Streams) ❑A Water throughout assessment reach. ®B No flow, water in pools only. ❑C No water in assessment reach. 2. Evidence of Flow Restriction — assessment reach metric ❑A At least 10% of assessment reach in -stream habitat or riffle -pool sequence is severely affected by a flow restriction or fill to the point of obstructing flow or a channel choked with aquatic macrophytes or ponded water or impoundment on flood or ebb within the assessment reach (examples: undersized or perched culverts, causeways that constrict the channel, tidal gates, debris jams, beaver dams). ®B Not 3. Feature Pattern — assessment reach metric ®A A majority of the assessment reach has altered pattern (examples: straightening, modification above or below culvert). ❑B Not 4. Feature Longitudinal Profile — assessment reach metric ®A Majority of assessment reach has a substantially altered stream profile (examples: channel down -cutting, existing damming, over widening, active aggradation, dredging, and excavation where appropriate channel profile has not reformed from any of these disturbances). ❑B Not 5. Signs of Active Instability — assessment reach metric Consider only current instability, not past events from which the stream has currently recovered. Examples of instability include active bank failure, active channel down -cutting (head -cut), active widening, and artificial hardening (such as concrete, gabion, rip -rap). ❑A < 10% of channel unstable ®B 10 to 25% of channel unstable ❑C > 25% of channel unstable 6. Streamside Area Interaction — streamside area metric Consider for the Left Bank (LB) and the Right Bank (RB). LB RB ❑A ❑A Little or no evidence of conditions that adversely affect reference interaction ❑B ❑B Moderate evidence of conditions (examples: berms, levees, down -cutting, aggradation, dredging) that adversely affect reference interaction (examples: limited streamside area access, disruption of flood flows through streamside area, leaky or intermittent bulkheads, causeways with floodplain constriction, minor ditching [including mosquito ditching]) ®C ®C Extensive evidence of conditions that adversely affect reference interaction (little to no floodplain/intertidal zone access [examples: causeways with floodplain and channel constriction, bulkheads, retaining walls, fill, stream incision, disruption of flood flows through streamside area] or too much floodplain/intertidal zone access [examples: impoundments, intensive mosquito ditching]) or floodplain/intertidal zone unnaturally absent or assessment reach is a man-made feature on an interstream divide Water Quality Stressors — assessment reach/intertidal zone metric Check all that apply. ❑A Discolored water in stream or intertidal zone (milky white, blue, unnatural water discoloration, oil sheen, stream foam) ❑B Excessive sedimentation (burying of stream features or intertidal zone) ❑C Noticeable evidence of pollutant discharges entering the assessment reach and causing a water quality problem ❑D Odor (not including natural sulfide odors) ❑E Current published or collected data indicating degraded water quality in the assessment reach. Cite source in "Notes/Sketch" section. ❑F Livestock with access to stream or intertidal zone ❑G Excessive algae in stream or intertidal zone ❑H Degraded marsh vegetation in the intertidal zone (removal, burning, regular mowing, destruction, etc) ®I Other: (explain in "Notes/Sketch" section) ❑J Little to no stressors 8. Recent Weather — watershed metric (skip for Tidal Marsh Streams) For Size 1 or 2 streams, D1 drought or higher is considered a drought; for Size 3 or 4 streams, D2 drought or higher is considered a drought. ®A Drought conditions and no rainfall or rainfall not exceeding 1 inch within the last 48 hours ❑B Drought conditions and rainfall exceeding 1 inch within the last 48 hours ❑C No drought conditions 9. Large or Dangerous Stream — assessment reach metric ❑Yes ®No Is stream is too large or dangerous to assess? If Yes, skip to Metric 13 (Streamside Area Ground Surface Condition). 10. Natural In -stream Habitat Types — assessment reach metric 10a. ❑Yes ❑No Degraded in -stream habitat over majority of the assessment reach (examples of stressors include excessive sedimentation, mining, excavation, in -stream hardening [for example, rip -rap], recent dredging, and snagging) (evaluate for Size 4 Coastal Plain streams only, then skip to Metric 12) 10b. Check all that occur (occurs if > 5% coverage of assessment reach) (skip for Size 4 Coastal Plain streams) ❑A Multiple aquatic macrophytes and aquatic mosses F, W ❑F 5% oysters or other natural hard bottoms (include liverworts, lichens, and algal mats) 2 E ❑G Submerged aquatic vegetation ®B Multiple sticks and/or leaf packs and/or emergent o w ❑H Low -tide refugia (pools) vegetation Y U)C ❑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) 11a. ❑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: Channel originates downslope of agricultural crossing. Channel largely incised with no connectivity to adjacent floodplain Draft NIC SAM Stream Rating Sheet Accompanies User Manual Version 2.1 Stream Site Name Rinehardt Road Subdivision Date of Assessment 11/18/21 Stream Category Pal Assessor Name/Organization H. Caldwell, A. Lipsky 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 MEDIUM MEDIUM (4) Microtopography LOW LOW (3) Stream Stability LOW LOW (4) Channel Stability MEDIUM MEDIUM (4) Sediment Transport LOW LOW (4) Stream Geomorphology LOW LOW (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 HIGH HIGH (2) Baseflow MEDIUM MEDIUM (2) Streamside Area Vegetation HIGH HIGH (3) Upland Pollutant Filtration HIGH HIGH (3) Thermoregulation HIGH HIGH (2) Indicators of Stressors NO NO (2) Aquatic Life Tolerance OMITTED 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 MEDIUM MEDIUM (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 HIGH O .4-j co .E w jurisdictional Determination Information SAW-2021-01573 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2021-01573 County: Iredell U.S.G.S. Quad: NC -Mooresville NOTIFICATION OF JURISDICTIONAL DETERNIINATION Requestor: MT Land Charles Myers Address: 141 Providence Road Charlotte, NC 28207 Telephone Number: (704) 778-6002 E-mail: Charles.n.myersLUmail.com Size (acres) 35.6 Nearest Waterway Reeds Creek Nearest Town Mooresville RiverBasin Santee USGS HUC 03050101 Coordinates Latitude:35.5990 Longitude:-80.8282 Location description: Parcel consists of multiple PINs in the vicinity of Rinehart Road, IredellCounty, North Carolina. PIN(s): 4657674630,4657659767,4657659652,4654659439,46576559287,4657755102,4657647767,4657645948,4657653332, 4657664282. Indicate Which of the Following Apply: A. Preliminary Determination ❑ There appearto be waters onthe above described project area/property, thatmay be subjectto Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 ofthe Rivers and Harbors Act (RHA) (33 USC § 403). The waters have been delineated, and the delineation has beenverifiedby the Corps to be sufficiently accurate and reliable. The approximate boundaries of these waters are shown on the enclosed delineation mapdatedDATE. Therefore this preliminary jurisdiction determination maybe used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigationrequirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat allwaters and wetlands thatwould be affected in anyway by the permitted activity onthe 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, youmay requestan approved JD, which is an appealable action, by contactingthe Corps district for further instruction. ❑ There appear to be waters on the above described project area/property, thatmay be subjectto Section 404 ofthe Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 ofthe Rivers and Harbors Act (RHA) (33 USC § 403). However, since the waters have not been properly delineated, this preliminaryjurisdiction determination may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an effective presumption of C WA/RHA jurisdiction over allof the waters at the project area, which is not sufficiently accurate andreliable to support anenforceable permit decision. We recommend that you have the waters 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 consultantto conduct a delineation thatcan be verified by the Corps. B. Approved Determination ❑ There are Navigable Waters of the United States within the above describedproject area/property subjectto the permit requirements of Section 10 of the Rivers andHarbors Act (RHA) (33 USC § 403) and Section 404 ofthe Clean WaterAct (CWA)(33USC§ 1344). Unless there is a change in law or our published regulations, this determination maybe relied upon for a period not to exceed five years from the date of this notification. ® There are waterson the above described project area/property subjectto the permit requirements of Section 404 ofthe Clean WaterAct(CWA)(33USC§ 1344). Unless there is a change in the law or our published regulations, this determination maybe relied upon fora period notto exceed five years from the date ofthis notification. ❑ We recommend you have the waters on your project area/property delineated. As the Corps may notbe able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation thatcan be verified by the Corps. SAW-2021-01573 ® The waters 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 delineationmap dated 6/24/2021. We strongly suggestyou 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, maybe relied upon for a period not to exceed five years. ❑ The waters 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 maybe 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 describedproject area/property which are subjectto the permit requirements of Section404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination maybe relied upon for a period notto exceed five years from the date ofthis notification. ❑ The property is located in one ofthe 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of CoastalMa nagement in Morehead City, NC, at (252) 808-2808 to determine their requirements. Placement of dredged or fill materialwithin waters of the US, in cludin g wetlands, without a Department ofthe Army permit may constitute a violation of Section 301 of the CleanWaterAct (33 USC § 1311). Placement of dredged or fill ma terial, construction or placement of structures, or work within navigable waters ofthe 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/or403). If you have any questions rega rdin g this determination and/or the Corps regulatory program, please contact Krystynka B Stygar at 252-545-0507 or kry Lgnka.b.stygar&msace.a rmy.mil. C. Basis For Determination: Based on information submitted by the applicant and available to the U.S. Army Corps of Engineers, the project area exhibits criteria for waters of the U.S. as defined in 33 CFR 328, Regulatory Guidance letter 05-05, the 1987 Wetland Delineation Manual, and/or the Regional Supplement to the 1987 Manual: Eastern Piedmont and Mountains v2.0. See the approved jurisdictional determination form dated 08/24/2021. D. Remarks: See Delineation Map entitled, "Rinehart Road -Mooresville, Delineation map " E. Attention USDA Program Participants This delineation/determinationhas been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may notbe 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) If you object to this determination, you may request an administrativeappeal under Corps regulations at33CFRPart 331. Enclosed you will find a Notification ofAppealProcess (NAP) fact sheet and Request for Appeal (RFA) form. Ifyourequest to appealthis determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Mr. Philip A. Shannin Administrative Appeal Review Officer 60 Forsyth StreetSW,FloorM9 Atlanta, Georgia 3 0303-8803 AND PHILIP.A.SHANNIN&USACE.ARMY.MIL In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, thatit meets the criteria for appeal under 33 CFR part 331.5, andthat 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 09/21/2021. * * It is not necessary to submit anRFAform to the Division Office if you do notobject to the determination in this correspondence.** Corps Regulatory Official: SAW-2021-01573 Date of JD: 8/24/2021 ExpirationDate of JD: 8/24/2026 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0 Copy furnished: Agent: Wetlands and Environmental Plannigg Group Daniel Kuelfer Address: 10612-D Providence Road Charlotte, NC 28277 Telephone Number: 336-554-2728 E-mail: Daniel.kueflerna wetlands-epg.com APPROVED JURISDICTIONAL DETERMINATION FORM U.S. Army Corps of Engineers This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook SECTION L• BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD): B. DISTRICT OFFICE, FILE NAME, AND NUMBER: C. PROJECT LOCATION AND BACKGROUND INFORMATION: State:NC County/parish/borough: Iredell City: Mooresville Center coordinates of site (lat/long in degree decimal format): Lat. 35.5979' 1, Long.-80.8304° F. Universal Transverse Mercator. Name of nearest waterbody: Reeds Creek Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: Catawba River Name of watershed or Hydrologic Unit Code (HUC): 03050101 ® Check if map/diagram of review area and/or potential jurisdictional areas is/are available upon request. ❑ Check if other sites (e.g., offsite mitigation sites, disposal sites, etc...) are associated with this action and are recorded on a different JD form. D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑ Office (Desk) Determination. Date: ❑ Field Determination. Date(s): SECTION IL• SUMMARY OF FINDINGS A. RHA SECTION 10 DETERMINATION OF JURISDICTION. There Are nd ,navigable waters of the U.S." within Rivers and Harbors Act (RIIA) jurisdiction (as defined by 33 CFR part 329) in the review area. [Required] ❑ Waters subject to the ebb and flow of the tide. ❑ Waters are presently used, or have been used in the past, or maybe susceptible for use to transport interstate or foreign commerce. Explain: B. CWA SECTION 404 DETERMINATION OF JURISDICTION. There Are "waters of the U.S." within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. [Required] 1. Waters of the U.S. a. Indicate presence of waters of U.S. in review area (check all that apply): r ❑ TNWs, including territorial seas ❑ Wetlands adjacent to TNWs ® Relatively permanent waters2 (RPWs) that flow directly or indirectly into TNWs ❑ Non-RPWs that flow directly or indirectly into TNWs ® Wetlands directly abutting RPWs that flow directly or indirectly into TNWs ® Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs ❑ Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs ® Impoundments of jurisdictional waters ® Isolated (interstate or intrastate) waters, including isolated wetlands b. Identify (estimate) size of waters of the U.S. in the review area: Non -wetland waters: 5,189 linear feet: width (ft) and/or 1.17 acres. Wetlands: 1.8615 acres. Limits (boundaries) of jurisdiction based on: 1987 Delineation Manual Elevation of established OHWM (if known): Non -regulated waters/wetlands (check if applicable):' ® Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional. Explain: The site contains one isolated wetland (Isolated Wetland L). No jurisdictional connection or nexus to a jurisdictional water body was identified when classifying this feature. 1 Boxes checked below shall be supported by completing the appropriate sections in Section III below. z For purposes of this form, an RPW is defined as a tributary that is not a TNW and that typically flows year-round or has continuous flow at least "seasonally" (e.g., typically 3 months). s Supporting documentation is presented in Section III.F. SECTION III: CWA ANALYSIS A. TNWs AND WETLANDS ADJACENT TO TNWs The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. If the aquatic resource is a TNW, complete Section I LAA and Section I LDA. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections I LAA and 2 and Section ULD.1.; otherwise, see Section I LB below. 1. TNW Identify TNW: Summarize rationale supporting determination: Wetland adjacent to TNW Summarize rationale supporting conclusion that wetland is "adjacent': B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY): This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps determine whether or not the standards for jurisdiction established under Rapanos have been met. The agencies will assert jurisdiction over non -navigable tributaries of TNWs where the tributaries are "relatively permanent waters" (RPWs), i.e. tributaries that typically flow year-round or have continuous flow at least seasonally (e.g., typically 3 months). A wetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNW, but has year-round (perennial) flow, slap to Section IILD.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow, skip to Section IILD.4. A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts and EPA regions will include in the record any available information that documents the existence of a significant nexus between a relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable water, even though a significant nexus finding is not required as a matter of law. If the waterbody4 is not an RPW, or a wetland directly abutting an RPW, a JD will require additional data to determine if the waterbody has a significant nexus with a TNW. If the tributary has adjacent wetlands, the significant nexus evaluation must consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for analytical purposes, the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is the tributary, or its adjacent wetlands, or both. If the JD covers a tributary with adjacent wetlands, complete Section I LB.1 for the tributary, Section I LB.2 for any onsite wetlands, and Section III.B.3 for all wetlands adjacent to that tributary, both onsite and offsite. The determination whether a significant nexus exists is determined in Section HLC below. 1. Characteristics of non-TNWs that flow directly or indirectly into TNW (i) General Area Conditions: Watershed size: 219 square miles Drainage area: 0.036 square miles Average annual rainfall: 44 inches Average annual snowfall: 0 inches (ii) Physical Characteristics: (a) Relationship with TNW: ❑ Tributary flows directly into TNW. ® Tributary flows through I tributaries before entering TNW. Project waters are 10-15 river miles from TNW. Project waters are 1 (or less) river miles from RPW. Project waters are 10-15 aerial (straight) miles from TNW. Project waters are 1 (or less) aerial (straight) miles from RPW. Project waters cross or serve as state boundaries. Explain: Identify flow route to TNW': Site waters flow into Reeds Creek, then into Lake Norman before flowing into the Catawba River. 4 Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the and West. 'Flow route can be described by identifying, e.g., tributary a, which flows through the review area, to flow into tributary b, which then flows into TNW. Tributary stream order, if known: (b) General Tributary Characteristics (check all that apply): Tributary is: ® Natural ❑ Artificial (man-made). Explain: ❑ Manipulated (man -altered). Explain: Tributary properties with respect to top of bank (estimate): Average width: 4 feet Average depth: 1 feet Average side slopes: 4:1 (or greater). Primary tributary substrate composition (check all that apply): ® Silts ® Sands ® Cobbles ® Gravel ❑ Bedrock ❑ Vegetation. Type/% cover. ❑ Other. Explain: ❑ Concrete ❑ Muck Tributary condition/stability [e.g., highly eroding, sloughing banks]. Explain: Presence of run/riffle/pool complexes. Explain: Tributary geometry: Relatively straight Tributary gradient (approximate average slope): % (c) Flow: Tributary provides for: Seasonal flow Estimate average number of flow events in review area/year: 20 (or greater) Describe flow regime: Streams A, D, I, 0, and Reeds Creek are perennial. Streams E, J, and N are intermittent and feed into onsite perennial streams. Other information on duration and volume: Surface flow is: Discrete and confined. Characteristics: Subsurface flow: Unknown. Explain findings: ❑ Dye (or other) test performed: Tributary has (check all that apply): ® Bed and banks ® OHWM' (check all indicators that apply): ® clear, natural line impressed on the bank ® the presence of litter and debris ® changes in the character of soil ❑ destruction of terrestrial vegetation ® shelving ❑ the presence of wrack line ❑ vegetation matted down, bent, or absent ❑ sediment sorting ❑ leaf litter disturbed or washed away ❑ scour ❑ sediment deposition ❑ multiple observed or predicted flow events ❑ water staining ❑ abrupt change in plant community ❑ other (list): ❑ Discontinuous OHWM.' Explain: If factors other than the OHWM were used to determine lateral extent of CWA jurisdiction (check all that apply): High Tide Line indicated by: d Mean High Water Mark indicated by: ❑ oil or scum line along shore objects ❑ survey to available datum; ❑ fine shell or debris deposits (foreshore) ❑ physical markings; ❑ physical markings/characteristics ❑ vegetation lines/changes in vegetation types. ❑ tidal gauges ❑ other (list): (iii) Chemical Characteristics: Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.). Explain: Water was clear. Identify specific pollutants, if known: No visable pollutants. 'A natural or man-made discontinuity in the 011WM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where the 011WM has been removed by development or agricultural practices). Where there is a break in the 011WM that is unrelated to the waterbody's flow regime (e.g., flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break. 'Ibid. (iv) Biological Characteristics. Channel supports (check all that apply): ❑ Riparian corridor. Characteristics (type, average width): ❑ Wetland fringe. Characteristics: ® Habitat for: ❑ Federally Listed species. Explain findings: ❑ Fish/spawn areas. Explain fmdings: ❑ Other environmentally -sensitive species. Explain findings: ® Aquatic/wildlife diversity. Explain findings: Aquatic vegetation. 2. Characteristics of wetlands adjacent to non-TNW that flow directly or indirectly into TNW (i) Physical Characteristics: (a) General Wetland Characteristics: Properties: Wetland size: 1.8615 acres Wetland type. Explain: Headwater wetland. Wetland quality. Explain: Project wetlands cross or serve as state boundaries. Explain: (b) General Flow Relationship with Non-TNW: Flow is: Ephemeral flow. Explain: Surface flow is: Overland sheetflow Characteristics: Subsurface flow: Unknown. Explain findings: ❑ Dye (or other) test performed: (c) Wetland Adjacency Determination with Non-TNW: ® Directly abutting ® Not directly abutting ® Discrete wetland hydrologic connection. Explain: Per USACE rep on 7/29/21. ❑ Ecological connection. Explain: ❑ Separated by berm/barrier. Explain: (d) Proximity (Relationship) to TNW Project wetlands are 10-15 river miles from TNW. Project waters are 1 (or less) aerial (straight miles from TNW. Flow is from: Wetland to navigable water* Estimate approximate location of wetland as within the 100 - 500 year floodplain. (ii) Chemical Characteristics: Characterize wetland system (e.g., water color is clear, brown, oil film on surface; water quality; general watershed characteristics; etc.). Explain: Water was clear. Identify specific pollutants, if known: (iii) Biological Characteristics. Wetland supports (check all that apply): ® Riparian buffer. Characteristics (type, average width): ❑ Vegetation type/percent cover. Explain: ® Habitat for: ❑ Federally Listed species. Explain findings: ❑ Fish/spawn areas. Explain fmdings: ❑ Other environmentally -sensitive species. Explain findings: ® Aquatic/wildlife diversity. Explain findings: Aquatic vegetation. 3. Characteristics of all wetlands adjacent to the tributary (if any) All wetland(s) being considered in the cumulative analysis: 5 Approximately ( 1.8615 ) acres in total are being considered in the cumulative analysis. For each wetland, specify the following: Directly abuts? (Y/N) Size (in acres) Directly abuts? (Y/N) Size (in acres) Wetland B (Y) 0.165 Wetland C (Y) 1.682 Wetland E (N) 0.0104 Wetland M(Y,offsite) 0.0002 Wetland K(Y) 0.0039 Summarize overall biological, chemical and physical functions being performed: C. SIGNIFICANT NEXUS DETERMINATION A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed by any wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological integrity of a TNW. For each of the following situations, a significant nexus exists if the tributary, in combination with all of its adjacent wetlands, has more than a speculative or insubstantial effect on the chemical, physical and/or biological integrity of a TNW. Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flow of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e.g. between a tributary and its adjacent wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland lies within or outside of a floodplain is not solely determinative of significant nexus. Draw connections between the features documented and the effects on the TNW, as identified in the Rapanos Guidance and discussed in the Instructional Guidebook. Factors to consider include, for example: • Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to TNWs, or to reduce the amount of pollutants or flood waters reaching a TNW? • Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW? • Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that support downstream foodwebs? • Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or biological integrity of the TNW? Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented below: Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain fmdings of presence or absence of significant nexus below, based on the tributary itself, then go to Section III.D: Significant nexus findings for non-RPW and its adjacent wetlands, where the non-RPW flows directly or indirectly into TNWs. Explain fmdings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section III.D: Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain fmdings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section III.D: Wetland E is jurisdictional by discrete hydrologic connection per the USACE site visit on 7/29/22. D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL THAT APPLY): TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area: ❑ TNWs: linear feet width (ft), Or, acres. ❑ Wetlands adjacent to TNWs: acres. RPWs that flow directly or indirectly into TNWs. ® Tributaries of TNWs where tributaries typically flow year-round are jurisdictional. Provide data and rationale indicating that tributary is perennial: Streams A, D, I, O, and Reeds Creek exhibit geomorphology, hydrology, and biological indicators consistent with perennial flowing streams in the piedmont ecoregion as documented by the attached NCDWQ Stream Identification Assessment Forms. Tributaries of TNW where tributaries have continuous flow "seasonally" (e.g., typically three months each year) are jurisdictional. Data supporting this conclusion is provided at Section IILB. Provide rationale indicating that tributary flows seasonally: Streams E, J, and N exhibit geomorphology, hydrology, and biological indicators consistent with intermittent flowing streams in the piedmont ecoregion as documented by the attached NCDWQ Stream Identification Assessment Forms. Provide estimates for jurisdictional waters in the review area (check all that apply): ® Tributary waters: 5,189 linear feet width (ft). ❑ Other non -wetland waters: acres. Identify type(s) of waters: Non-RPWs' that flow directly or indirectly into TNWs. ❑ Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a TNW, and it has a significant nexus with a TNW is jurisdictional. Data supporting this conclusion is provided at Section IILC. Provide estimates for jurisdictional waters within the review area (check all that apply): ❑ Tributary waters: linear feet width (ft). ❑ Other non -wetland waters: acres. Identify type(s) of waters: Wetlands directly abutting an RPW that flow directly or indirectly into TNWs. ® Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands. ® Wetlands directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale indicating that tributary is perennial in Section III.D.2, above. Provide rationale indicating that wetland is directly abutting an RPW: Wetlands B, C, and M directly abuts an onsite Perennial RPW Tributary with no break in jurisdiction. Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is seasonal in Section IILB and rationale in Section IILD.2, above. Provide rationale indicating that wetland is directly abutting an RPW: Wetlands K directly abut onsite Seasonal RPW Tributaries with no break in jurisdiction. Provide acreage estimates for jurisdictional wetlands in the review area: 1.8615 acres. 5. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs. Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisidictional. Data supporting this conclusion is provided at Section IILC. Provide acreage estimates for jurisdictional wetlands in the review area: 0.0104 acres. Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs. II Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional. Data supporting this conclusion is provided at Section IILC. Provide estimates for jurisdictional wetlands in the review area: acres. Impoundments of jurisdictional waters? As a general rule, the impoundment of a jurisdictional tributary remains jurisdictional. ® Demonstrate that impoundment was created from "waters of the U.S.," or ❑ Demonstrate that water meets the criteria for one of the categories presented above (1-6), or ❑ Demonstrate that water is isolated with a nexus to commerce (see E below). 'See Footnote # 3. ' To complete the analysis refer to the key in Section IILD.6 of the Instructional Guidebook. E. ISOLATED [INTERSTATE OR INTRA-STATE] WATERS, INCLUDING ISOLATED WETLANDS, THE USE, DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY SUCH WATERS (CHECK ALL THAT APPLY):" ❑ which are or could be used by interstate or foreign travelers for recreational or other purposes. ❑ from which fish or shellfish are or could be taken and sold in interstate or foreign commerce. ❑ which are or could be used for industrial purposes by industries in interstate commerce. ❑ Interstate isolated waters. Explain: ❑ Other factors. Explain: Identify water body and summarize rationale supporting determination: Provide estimates for jurisdictional waters in the review area (check all that apply): ❑ Tributary waters: linear feet width (11). ❑ Other non -wetland waters: acres. Identify type(s) of waters: ❑ Wetlands: acres. F. NON -JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY): ❑ If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers Wetland Delineation Manual and/or appropriate Regional Supplements. ❑ Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce. ❑ Prior to the Jan 2001 Supreme Court decision in "SWANCC," the review area would have been regulated based solely on the "Migratory Bird Rule" (MBR). Waters do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction. Explain: Wetland L lacks a Significant Nexus to any jurisdictional waters. No jurisdictional connection or nexus to a jurisdictional water body was identified when classifying this feature. This was confirmed during the 7/29/21 site visit. ❑ Other. (explain, if not covered above): Provide acreage estimates for non jurisdictional waters in the review area, where the sole potential basis of jurisdiction is the MBR factors (i.e., presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional udgment (check all that apply): Non -wetland waters (i.e., rivers, streams): linear feet width (ft). ❑ Lakes/ponds: acres. ❑ Other non -wetland waters: acres. List type of aquatic resource: ❑ Wetlands: acres. Provide acreage estimates for non jurisdictional waters in the review area that do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction (check all that apply): ❑ Non -wetland waters (i.e., rivers, streams): linear feet, width (ft). ❑ Lakes/ponds: acres. ❑ Other non -wetland waters: acres. List type of aquatic resource: ❑ Wetlands: acres. SECTION IV: DATA SOURCES. A. SUPPORTING DATA. Data reviewed for JD (check all that apply - checked items shall be included in case file and, where checked and requested, appropriately reference sources below): ® Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant: ® Data sheets prepared/submitted by or on behalf of the applicant/consultant. ❑ Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. ❑ Data sheets prepared by the Corps: ❑ Corps navigable waters' study: ❑ U.S. Geological Survey Hydrologic Atlas: ❑ USGS NHD data. ❑ USGS 8 and 12 digit HUC maps. ® U.S. Geological Survey map(s). Cite scale & quad name:Mooresville, NC 1993, 1:24,000 scale. ® USDA Natural Resources Conservation Service Soil Survey. Citation: NRCS Soil Survey Manuscript Iredell County 1964. 10 Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA HQ for review consistent with the process described in the Corps/EPA Memorandum Regarding CWA Act Jurisdiction Following Rapanos. ❑ National wetlands inventory map(s). Cite name: ❑ State/Local wetland inventory map(s): ® FEMA/FIRM maps: Figure 5, Iredell Co GIS. ❑ 100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929) ® Photographs: ® Aerial (Name & Date): or ® Other (Name & Date): ® Previous determination(s). File no. and date of response letter. SAW-2021-01573. ❑ Applicable/supporting case law: ❑ Applicable/supporting scientific literature: ❑ Other information (please specify): B. ADDITIONAL COUNTS TO SUPPORT JD: mom JURISDICTIONAL WETLAND B/BB a -0.165 AC USACE =f UPLAND DP1 JURISDICTIONAL WETLAND E -0.0104 AC JURISDICTIONAL TRIBUTARY D -301 LF JURISDICTIONAL TRIBUTARY J -38 LF JURISDICTIONAL TRIBUTARY REEDS CREEK -3,200 LF 1 5 a WETL � WET L 4 USACE UPLAND DP2 1 NCDEQ STR N JURISDICTIONAL TRIBUTARY A E Q 0 JURISDICTIONAL POND CCC NCDEQ -1.17 AC STR A JURISDICTIONAL WETLAND C/CC -1.682 AC USACE WET B/BB h r wF o NON JURISDICTIONAL ISOLATED WETLAND L -0.00168 AC - a JURISDICTIONAL WETLAND K 0.0039 AC I JURISDICTIONAL TRIBUTARY N a -150 LF JURISDICTIONAL TRIBUTARY O o -529 LF / — JURISDICTIONAL )/J� ' WETLAND M -0.0002 AC Q Q PROJECT BOUNDARY STUDY LIMITS b p USACE VERIFICATION 7/29/21 Acres: RINEHARDT ROAD - MOORESVILLE Prepared for: +/- 124 Iredell Co., NC MT LAND FIGURE 7 6114121 DELINEATION MAP Drawn By: Reviewed By: UPDATED NRNSubject to USACE/NCDEQ Verification Edited By: DCK 1/6/22 ALL 771 / h...r � � J Y4� �u/` _ _ `l .. ; p" � - �_ � �_ \ � � �� � .-! r� �, �" >F ?_.1�..,-- � �' •�.�',•N. '7'`' '�`„°,3,.s-1�' � ��`'� p� .�''' �r! �, RAto 174 �- _ �� � 7 .-,mot � �rs W_�,,.°'4�`ys' :}_ � i� �`, �•� ►:., _ 1 elvo S. n � « '�� �f ```� � t't�'. r fl 1• .\ , y1,,,m » ' yr 'Ly1 �,F4,�..., r -. _ ra °;•. t PHOTO 3 — VIEW JURISDICTIONAL WETLAND B/BB DATE/TIME 2021:06:24 — 09:05:00 COORDINATES: 35.5988,-80.8287 PHOTO 4a — VIEW NON JURISDICTIONAL ISOLATED L DATE/TIME 2021:06:24 — 11:38:00 COORDINATES: 35.5944,-80.8287 Rinehardt Road YYE PG Iredell Co., INC —6/24/21 Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. �'Y'W ��" • . t �' 'a ,i � !' �`��•' Y�,� �.-� Ems...- >� � u .'" "j �%' `: _ � iji?''('��•,-' j' A '!%i �� � � a • e - -y ,.- :yam -e oe JL A so IF 'HOTO 4b — VIEW NON YMSDICTIONAL ISOLATED WETLAND LN ��p� iqM C 1�41 9�[�ho Y , I Y \S a-J L O Q oC r. Threatened & Endangered Species Report Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. Threatened / Endangered / Protected Species Evaluation For: Rinehardt Road - Mooresville Iredell County, North Carolina By: Lisa R. Gaffney Biologist Field investigation conducted during the weeks of May10, 2021 and October 25, 2021. Charlotte Office: www.wetiands-epg.com Asheville Office: 10612-D Providence Rd. 1070 Tunnel Rd., Bldg. I PMB 550 Suite 10, PMB 283 Charlotte, NC 28277 Asheville, NC 28805 (704) 904-2277 I en. ri nd ner@wet Ian ds -epg. co nn Rinehardt Road - Mooresville Threatened /Endangered /Protected Species Evaluation GENERAL LANDSCAPE DESCRIPTION: The 118. 5 acre Rinehardt Road site is located just west of Rinehardt Road, and just north of Highway 150 in Mooresville, Iredell County, North Carolina. The site can be found on the Mooresville USGS Topographic Quadrangle Map-, latitude is 35.5979 ON, longitude is 80.8304 °W. The topography consists of gently sloping upland, grading into moderate slopes down to the floodplain of Reeds Creek, with the elevation ranging from 810 to 890 ft. The site is covered with pine stands, disturbed woodland slopes and streams, open fields, several single family homesites, and a small pond. Two power line rights -of -way parallel Rinehardt Road through the site. (Figures 1-4). Figure 1: PRDIf...... DARY REEDS tREEH r I `' , + 4} t LOCATION Lat:35.59799N Long:-80.8304 s1A1 HUC:0305U101 USGS QUAD ` UPPER CATAM1NBA MoorNC esville, SCALE 1:24,OQ3 f,— 1, �r'J I 1993 j _ Acres: RINEHARDT SITE Prepared For: t/- 118.S Irede!: Co., NC MT LAND FIGURE 1 6114,121 USGS MAP D� I ft Reviewed By: UPDATED 5abjea to USACF/NCDE4 ros^rofcaavn RLL DCK Ed rted®Y: 1I Hal ALL Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. Rinehardt Road - Mooresville Threatened / Endangered / Protected Species Evaluation METHODOLOGY: The US Fish and Wildlife Service website https://ecos.fws.gov/ipac/location/W4JSOKFBBRGU3JZYKF43M3DJTA/resource s was referenced to determine the occurrence of Threatened, Endangered and Protected species for Iredell County North Carolina, the results of which are listed below (Table 1). Maps and aerial photographs were assembled, and the site was investigated during the weeks of Mayl 0, 2021 and October 25, 2021. Table 1: Threatened / Endangered / Protected Species listed for Iredell County North Carolina County: Iredell, NC *Source: US Fish & Wildlife Service **Data search updated on October 25, 2021 Group Name Vascular Plants Schweinitz's sunflower (Helianthus schweinitzii) Flowering Plants Dwarf -flowered heartleaf (Hexastylis nanif/ora) Status Vascular Plants Threatened Reptiles Bog (=Muhlenberg) turtle (Clemmys Threatened muhlenbergii) Mammals Northern long-eared bat (Myotis Threatened septentrionalis) Birds Bald Eagle (Haliaeetus leucocephalus) Protected under the Bald and Golden Eagle Protection Act 3 Wetlands and Environmental Planning Group Rinehardt Road - Mooresville Threatened / Endangered / Protected Species Evaluation SPECIES DESCRIPTIONS: Two plant species with federal protection are listed as potentially occurring in Iredell 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). • Dwarf -flowered Heartleaf (Hexastylis naniflora), listed as Threatened, grows in acidic soils along bluffs and adjacent slopes, in boggy areas next to streams and creek heads, and along the slopes of nearby hillsides and ravines. Three animal species with federal protection are listed as potentially occurring in Iredell County: Bog Turtle (Clemmys muhlenburgii), listed as Threatened, occurs in bogs, fens, marshy meadows and other wetlands with emergent vegetation. 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. 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. RESULTS: Much of the site is covered with pine stands and disturbed woodland slopes, with gulleys, drainages, and streams feeding into Reeds Creek which flows southward along the western project boundary. The site also has open fields, old farm roads and trails, several single family homesites, and a small pond. Two power line rights -of -way parallel Rinehardt Road along a portion of the site. A homesite on the southeastern corner of the project site has a large, mowed lawn planted with a pecan grove. The open fields and portions of the large power line on site WEPG#00 126 Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. Rinehardt Road - Mooresville Threatened / Endangered / Protected Species Evaluation appear to be periodically mowed, although the field on the southwestern section of the site is overgrown with typical weedy species. The disturbed forested uplands are dominated by pines that grade into slopes dominated by a dry-mesic mixed hardwood community. Canopy species present are Loblolly Pine (Pinus taeda), Short -leaf Pine (P. echinata), Virginia Pine (P. virginiana), American Ash (Fraxinus americans), White Oak (Quercus alba), Northern Red Oak (Q. rubra), Southern Red Oak (Q. falcata), Black Oak (Q. velutina), Mockernut Hickory (Carya tomentosa), Sweet Gum (Liquidambar styraciflua), and Tulip Poplar (Liriodendron tulipifera var. tulipifera). Lower slopes and mesic areas also have Sycamore (Platanus occidentalis, and Cottonwood (Populus deltoides). Subcanopy trees present are Sourwood (Oxydendrum arboreum), Red Maple (Acer rubrum var. rubrum), Red Cedar (Juniperus virginiana), , Flowering Dogwood (Corpus florida), Black Gum (Nyssa sylvatica), Black Cherry (Prunus serotina), Ironwood (Carpinus caroliniana), and Redbud (Cercis canadensis). The shrub layer includes Black Haw (Viburnum prunifolium), Spicebush (Lindera benzoin), Autumn Olive (Elaeagnus umbellate), and Chinese Privet (Ligustrum sinense). Vines present are Japanese Honeysuckle (Lonicera japonica), Trumpet Creeper (Campsis radicans), Catbrier (Smilax sp.), Virginia Creeper (Parthenocissus quinquefolia), Muscadine (Vitis rotundifolia), and Poison Ivy (Toxicodendron radicans). 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.). The disturbed, open, roadsides and PLROW are dominated by shrubs, vines and herbs that typically occur in this habitat. The power line rights -of -way appear to be sprayed with herbicide. Woody species present are small tree saplings of Pines, Sweet -gum and Tulip Poplar, and shrubs of Blackberry (Rubus sp.), Russian Olive, Chinese Privet, Smooth Sumac (Rhus glabra), and Groundsel Tree (Baccharis halimifolia). Herbs present are Johnson Grass (Sorghum halepense), Plume Grass (Erianthus contortus), Sericea Lespedeza (Lespedeza cuneata), St. John's Wort (Hypericum sp.), Queen Anne's Lace (Daucus carota), Indian Grass (Sorghastrum nutans), Broomsedge (Andropogon virginicus), Ragwort (Packera sp.) Indian Hemp (Apocynum cannabinum), Pokeweed (Phytolacca americans), Common Milkweed (Asclepius tuberosus), Rabbit Tobacco (Gnapthalium obtusifolium), Tickseed (Coreopsis major), Common Clasping Aster (Symphyotrichum patens), Curly Dock (Rumex crispus), Foxtail (Setaria sp.), Ragweed (Ambrosia artemisiifolia), Goldenrod (Solidago sp.), Beggars Ticks (Desmodium sp.), Thoroughwort (Eupatorium sp.), and Kudzu (Pueraria montana var.lobata). WEPU#00 126 Wetlands and Environmental Planning Group Rinehardt Road - Mooresville Threatened / Endangered / Protected Species Evaluation 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. • Potential habitat for Dwarf Flowered Heartleaf on wooded slopes and drainages was examined, and no plants of the genus Hexastylis were observed. WEPG concludes Dwarf Flowered Heartleaf (Hexastylis nanif/ora) does not occur on the site. • There is no suitable habitat for Bog Turtles (C/emmys muh/enbergii) on site, and no bog Turtles were observed. WEPG concludes Bog Turtle (C/emmys muh/enbergii) 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 /eucocepha/us) does not occur on the site. • Comparing this site location to the USFWS Asheville office's website (http-//www.fws.gov/asheville/htmis/project_review/NLEB_in_WNC.html) WEPG concludes the site meets the "exempt" criteria which requires no further action under section 7 of the Endangered Species Act for the Northern Long-eared Bat. RECOMMENDATIONS: Based on the site investigation and the review of available data, WEPG did not observe any protected species occurring on the subject property. No further investigation for the presence of protected species on this site is recommended at this time. Respectfully submitted, 4e, #- /*,;�/ Lisa R. Gaffney Biologist October 29, 2021 31 Wetlands and Environmental Planning Group Rinehardt Road - Mooresville Threatened / Endangered / Protected Species Evaluation Curriculum Vitae for: Lisa R. Gaffney Biologist/ Botanist B.S. Biology, University of North Carolina at Charlotte Ms. Gaffney is a classically trained botanist and natural resource biologist and has conducted field work and investigative studies covering thousands of cumulative acres in both North and South Carolina since 1996, including: • Discovered Schweinitz's Sunflower at Redlair Farm in Gaston County, NC. which led to the purchase of the site by the State of North Carolina Plant Conservation Program, now called Redlair Preserve. This population has become a Recovery Site for the species. • Located and identified numerous previously unreported populations of Federally Endangered Schweinitz's Sunflower (Helianthus schweinitzii). • Located and identified numerous previously unreported populations of Threatened Dwarf Heartleaf (Hexastylis nanif/ora). • Cabarrus County NC Natural Heritage Inventory. Organized, directed, and conducted field survey of natural areas in Cabarrus County for the North Carolina Natural Heritage Program. • Lincoln County NC Natural Heritage Inventory. Organized, directed, and conducted field survey of natural areas in Lincoln County for the North Carolina Natural Heritage Program. • Threatened and Endangered Species Surveys and Natural Communities Evaluation for over 55,000 acres in North and South Carolina, 1996 - present. • Participated in numerous Piedmont Prairie restoration projects in both North and South Carolina. Wetlands and Environmental Planning Group 7 Leonard S. Rindner, PLLC.