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HomeMy WebLinkAbout20220187 Ver 1_ePCN Application_20220128fr.,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* 20220187 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: Yeoman Road Residential Development la. Who is the Primary Contact?* Danielle Clark 1 b. Primary Contact Email: dclark@harthickman.com Date Submitted 1 /28/2022 Nearest Body of Water Unnamed tributary of Irwin Creek Basin Catawba Water Classification C (Irwin Creek classification) Site Coordinates Latitude: 35.182946 A. Processing Information County (or Counties) where the project is located: Mecklenburg Is this a NCDMS Project Yes No Longitude: -80.883737 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:* (518)598-2862 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: Gary R. Benfield 2b. Deed book and page no.: 34005-379 and 10174-143 2c. Contact Person: 2d.Address Street Address 4911 Spring Meadow Lane Address Line 2 City Monroe Postal / Zip Code 28110 2e. Telephone Number: (704)283-8836 2g. Email Address: unknown@unknown.com 401 Water Quality Certification - Express Riparian Buffer Authorization State / Province / Region NC Country USA 2f. Fax Number: Yes No Yes No U 2a. Name(s) on recorded deed: David & Ann Palin 2b. Deed book and page no.: 05985-094 and 06025-925 2c. Contact Person: 2d.Address Street Address 6239 River Cabin Lane Address Line 2 City Charlotte Postal / Zip Code 28278 2e. Telephone Number: (704)588-8384 2g. Email Address:* unknown@unknown.com 3. Applicant Information (if different from owner) 3a. Name: Tim McCollum 3b. Business Name: Revolve Residential LLC 3c.Address Street Address 920 Pecan Avenue Address Line 2 Suite 100 city Charlotte Postal / Zip Code 28205 3d. Telephone Number: (704)965-2535 3f. Email Address:* tim@RevolveResidential.com 4. Agent/Consultant (if applicable) 4a. Name: Danielle Clark, PWS 4b. Business Name: Hart & Hickman, PC 4c.Address Street Address 3921 Sunset Ridge Road Address Line 2 Suite 301 City Raleigh Postal / Zip Code 27607 4d. Telephone Number: (518)598-2862 411'. Email Address: dclark@harLhickman.com C. Project Information and Prior Project History State / Province / Region NC Country USA 2f. Fax Number: State / Province / Region NC Country USA 3e. Fax Number: State / Province / Region NC Country USA 4e. Fax Number: U 1. Project Information 1b. Subdivision name: (if appropriate) 1c. Nearest municipality / town: Charlotte 2. Project Identification 2a. Property Identification Number: 14904347,14904331,14904332,and 2b.Property size: 14904333 0.86 2c. Project Address Street Address 229-253 Yeoman Road Address Line 2 City State / Province / Region Charlotte NC Postal / Zip Code Country 28217 USA 3. Surface Waters 3a. Name of the nearest body of water to proposed project:" Unnamed tributary of Irwin Creek 3b. Water Resources Classification of nearest receiving water: C (Irwin Creek classification) 3c. What river basin(s) is your project located in?* Catawba 3d. Please provide the 12-digit HUC in which the project is located. 030501030101 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 consists of four parcels of land located at 229-253 Yeoman Road in Charlotte, Mecklenburg County, North Carolina. The Site is currently developed with one residence and one commercial building. Commercial use is to the north; light industrial use and vacant land is to the east; a stormwater management area is to the south; and undeveloped land and light industrial use is to the west. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past? Yes No Unknown 4f. List the total estimated acreage of all existing wetlands on the property: 0.044 4g. List the total estimated linear feet of all existing streams on the property: 0 4h. Explain the purpose of the proposed project: * The project proposes to develop a multi -family residential development with 19 units to serve the City of Charlotte. 41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: The planned development area will be graded with heavy equipment to prepare a level building pads. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* Yes No Comments: PJD issued by the Corps on 10/5/2021 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-2021-02075 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Julia McGuire Agency/Consultant Company: Hart & Hickman, PC Other: Unknown 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR The Corps conducted a desktop review and a PJD was issued by Bryan Roden -Reynolds on 10/5/2021 (SAW-2021-02075). 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? No 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"` d. W. name* 2e. Forested' 2C Type of Jurisdicition "` 2g. Impact area WAA Fill and grading for level building pads P Headwater Forest and Area "A" Yes -] Both 0.036 (acres) 2g. Total Temporary Wetland Impact 0.000 2g. Total Wetland Impact 0.036 21. Comments: 2g. Total Permanent Wetland Impact 0.036 The permanent wetland impact involves grading and fill required to construct a level building pad for the development of two residential buildings and an associated driveway area. E. Impact Justification and Mitigation 1. Avoidance and Minimization Is. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: Avoidance and Minimization The proposed residential development is located along the westerly side of Yeoman Road south-southeast of the intersection of Yeoman Road and Yancey Road in Charlotte, Mecklenburg County, North Carolina. The Site consists of four contiguous parcels (Mecklenburg County Parcel ID Numbers 14904347, 14904331, 14904332, and 14904333) that total approximately 0.855 acre of land. H&H reviewed State and Federal threatened and endangered species databases for the Site, and conducted a screening survey of the Site and surrounding area for the presence of Federal threatened and endangered species or their suitable habitats, and none were identified. H&H also reviewed the National Registry of Historic Places (NRHP) for Sites located in Mecklenburg County, North Carolina and the North Carolina State Historic Preservation Office INC SHPO) GIS viewer, and conducted a visual reconnaissance of the Site and surrounding area for the potential presence of historic, cultural, and/or archeological sites. No recorded sites were noted on or adjacent to the Site. No significant structures were observed on -Site. H&H requested comment on the Site from the US Fish and Wildlife Service (USFWS), North Carolina Wildlife Resources Commission (NC WRC), and INC SHPO in October 2021. Agency responses are included in Appendix D. To minimize Site impacts, the proposed Site plan was designed to avoid Waters of the US to the maximum extent practicable. The developer chose the Site as an already developed property with no threatened and endangered species or cultural resource issues, which further minimizes environmental impact within the surrounding area. The Site buildings, parking areas, and driveway areas have been designed to primarily occupy upland areas. The developer considered shifting the northernmost residential building to the east to avoid the northern impact to WAA. However, the City of Charlotte is requiring an open space area along the frontage of Yeoman Road in the area where the building could be shifted. Furthermore, the developer originally proposed one private driveway within the residential development to minimize Site disturbance. However, the City of Charlotte is requiring two private driveways in accordance with their zoning code. Additionally, the developer originally proposed 24 residential units and has decreased the number of units to 19 to accommodate the City's requirements while minimizing Site disturbance to the extent practicable. The developer is proposing to avoid approximately 0.008 acre of WAA. The area of WAA to remain is located in an area that will not be utilized by the residential development and will remain undisturbed. Furthermore, the developer is proposing to install subgrade drainage, in the form of a French drain or similar, along the eastern side of WAA to assist in maintaining hydrology in and to WAA. During Site development, good erosion and sediment control practices will be followed. Extensive silt fencing will be used on the construction Site perimeter and wetland boundaries to remain. Mitigation Mitigation is typically required by the NWP #29 for wetland impacts greater than 0.1 acre. Although the proposed impact to WAA is less than 0.1 acre, the Site is located within the 103 Watershed. Permanent impacts within the 103 Watershed which result in the loss of jurisdictional waters require compensatory mitigation. Therefore, compensatory mitigation for the 0.036-acre impact to WAA is proposed in the form of purchasing mitigation credits from DEQ's DMS in -lieu fee program. The DEQ DMS acceptance letter is attached in Appendix E. Based on the INC WAM, the wetland quality of WAA is low. Based on the results of the INC WAM, the proposed mitigation ratio for wetland impacts is 2:1. u 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Avoidance and Minimization The proposed residential development is located along the westerly side of Yeoman Road south-southeast of the intersection of Yeoman Road and Yancey Road in Charlotte, Mecklenburg County, North Carolina. The Site consists of four contiguous parcels (Mecklenburg County Parcel ID Numbers 14904347, 14904331, 14904332, and 14904333) that total approximately 0.855 acre of land. H&H reviewed State and Federal threatened and endangered species databases for the Site, and conducted a screening survey of the Site and surrounding area for the presence of Federal threatened and endangered species or their suitable habitats, and none were identified. H&H also reviewed the National Registry of Historic Places (NRHP) for Sites located in Mecklenburg County, North Carolina and the North Carolina State Historic Preservation Office (NC SHPO) GIS viewer, and conducted a visual reconnaissance of the Site and surrounding area for the potential presence of historic, cultural, and/or archeological sites. No recorded sites were noted on or adjacent to the Site. No significant structures were observed on -Site. H&H requested comment on the Site from the US Fish and Wildlife Service (USFWS), North Carolina Wildlife Resources Commission (NC WRC), and NC SHPO in October 2021. Agency responses are included in Appendix D. To minimize Site impacts, the proposed Site plan was designed to avoid Waters of the US to the maximum extent practicable. The developer chose the Site as an already developed property with no threatened and endangered species or cultural resource issues, which further minimizes environmental impact within the surrounding area. The Site buildings, parking areas, and driveway areas have been designed to primarily occupy upland areas. The developer considered shifting the northernmost residential building to the east to avoid the northern impact to WAA. However, the City of Charlotte is requiring an open space area along the frontage of Yeoman Road in the area where the building could be shifted. Furthermore, the developer originally proposed one private driveway within the residential development to minimize Site disturbance. However, the City of Charlotte is requiring two private driveways in accordance with their zoning code. Additionally, the developer originally proposed 24 residential units and has decreased the number of units to 19 to accommodate the City's requirements while minimizing Site disturbance to the extent practicable. The developer is proposing to avoid approximately 0.008 acre of WAX The area of WAA to remain is located in an area that will not be utilized by the residential development and will remain undisturbed. Furthermore, the developer is proposing to install subgrade drainage, in the form of a French drain or similar, along the eastern side of WAA to assist in maintaining hydrology in and to WAA. During Site development, good erosion and sediment control practices will be followed. Extensive silt fencing will be used on the construction Site perimeter and wetland boundaries to remain. Mitigation Mitigation is typically required by the NWP #29 for wetland impacts greater than 0.1 acre. Although the proposed impact to WAA is less than 0.1 acre, the Site is located within the 103 Watershed. Permanent impacts within the 103 Watershed which result in the loss of jurisdictional waters require compensatory mitigation. Therefore, compensatory mitigation for the 0.036-acre impact to WAA is proposed in the form of purchasing mitigation credits from DEQ's DMS in -lieu fee program. The DEQ DMS acceptance letter is attached in Appendix E. Based on the NC WAM, the wetland quality of WAA is low. Based on the results of the NC WAM, the proposed mitigation ratio for wetland impacts is 2:1. 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 2c. If yes, mitigation is required by (check all that apply): DWR Corps 2d. If yes, which mitigation option(s) will be used for this project? Mitigation bank Payment to in -lieu fee program Permittee Responsible Mitigation 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. Yes No 4b. Stream mitigation requested: (linear feet) 4d. Buffer mitigation requested (DWR only): (square feet) 4f. Non -riparian wetland mitigation requested: (acres) 0.072 4h. Comments The applicant proposes 2:1 mitigation ratio for 0.036 acre of wetland impact. 4c. If using stream mitigation, what is the stream temperature: 4e. Riparian wetland mitigation requested: (acres) 4g. Coastal (tidal) wetland mitigation requested: (acres) 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: The Site is located within the Catawba River basin and the development does not propose impact to an applicable riparian buffer. 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 Charlotte Comments: Developer to install stormwater drainage infrastructure and detention per City of Charlotte Stormwater Requirements. The net increase of imprevious area will be detained and treated per the City of Charlotte Central Catawba Basin Requirements, or mitigation will be paid per current City of Charlotte Stormwater Service fees. Existing storm drainage patterns on site are to be maintained throughout project construction and completion. G. Supplementary Information 1. Environmental Documentation 1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? 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. The proposed Site plan will develop the majority of the Site and additional development is not anticipated. Additional phases and/or impacts to Waters of the U.S. are not planned or proposed. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* Yes No N/A 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 Unknown 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 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? DEQ Natural Heritage Program and Fish & Wildlife Service (FWS) on-line databases and on -Site reconnaissance. 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?* http://www.habitat.noaa.gov/pmtection/efh/efhmapper/ 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?* The National Registry of Historic Places, NC State Preservation Office databases, and on -Site reconnaissance. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain?* Yes No 8c. What source(s) did you use to make the floodplain determination?* Reviewed FEMA Flood Insurance Rate Map ID #3710453200K 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 Yeoman Road Residential PCN (SAW-2021-02075)_1-28-2022.pdf 5.22MB File must be PDF or KMZ Comments 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: Danielle C. Clark Signature a�lddE'1�� �lllt>� Date 1 /28/2022 Preliminary ORM Data Entry Fields for New Actions ACTION ID #: SAW- 2021-02075 Begin Date (Date Received): Prepare file folder ❑ Assign Action ID Number in ORM ❑ 1. Project Name [PCN Form A2a]: Yeoman Road Residential Development 2. Work Type: VPrivate ❑Institutional ❑Government ❑ Commercial 3. Project Description / Purpose [PCN Form 133d and 133e]: The property developer is proposing a residential development on the Site and is seeking verification to use Nationwide Permit #29 to impact an on -Site wetland. 4. Property Owner / Applicant [PCN Form A3 or A41: Revolve Residential LLC 5. Agent / Consultant [PNC Form A5 — or ORM Consultant ID Number]: Danielle Clark, PWS - Hart & Hickman, PC 6. Related Action ID Number(s) [PCN Form 135b]: None 7. Project Location — Coordinates, Street Address, and/or Location Description [PCN Form B lb]: 229-253 Yeoman Road, Charlotte, NC 28217 (Lat/Long: 35.182946,-80.883737) 8. Project Location — Tax Parcel ID [PCN Form Bla]: 14904347, 14904331, 14904332, and 14904333 9. Project Location —County [PCN Form A2b]: Mecklenburg 10. Project Location — Nearest Municipality or Town [PCN Form A2c]: Charlotte 11. Project Information —Nearest Waterbody [PCN Form 132a]: Unnamed tributary of Irwin Creek 12. Watershed / 8-Digit Hydrologic Unit Code [PCN Form 132c]: 03050103 Authorization: Section 10 ❑ Section 404 ❑✓ Regulatory Action Type: Standard Permit ✓ Nationwide Permit # 29 Regional General Permit # Jurisdictional Determination Request Section 10 and 404 ❑ Pre -Application Request Unauthorized Activity HCompliance No Permit Required Revised 20150602 hart hickman SMARTER ENVIRONMENTAL SOLUTIONS Sent Via Email January 28, 2022 US Army Corps of Engineers Wilmington District Charlotte Regulatory Office 8430 University Executive Park Drive, Suite 615 Charlotte, North Carolina 28262 Attn: Mr. Bryan Roden -Reynolds, PWS Re: Pre -Construction Notification Yeoman Road Residential Development 229-253 Yeoman Road Charlotte, Mecklenburg County, North Carolina SAW-2021-02075 H&H Job No. REV-001 Dear Bryan On behalf of Revolve Residential, LLC, Hart & Hickman, PC (H&H) is submitting the attached Pre - Construction Notification (PCN) application for the proposed construction of a multi -family residential development in Charlotte, Mecklenburg County, North Carolina. The Site consists of four contiguous parcels (Mecklenburg County Parcel ID Numbers 14904347, 14904331, 14904332, and 14904333) that total approximately 0.855 acre of land. The Site is currently developed with one residence and one commercial building. H&H is submitting this PCN application in order to receive verification to use Nationwide Permit (NWP) 929. H&H received a Preliminary Jurisdictional Determination (PJD) for the Site from the U.S. Army Corps of Engineers (USACE) Charlotte Regulatory Field Office on October 5, 2021. The PJD document is included in Appendix E. There is one wetland located on the Site: Wetland Area `A' (WAA). WAA is a headwater wetland located in a depressional area located in the western and central portions of the Site. WAA drains in a 2923 South Tryon Street, Suite 100 3921 Sunset Ridge Rd , Suite 301 Charlotte, NC 28203 Raleigh, NC 27607 www.harthickman.com 704.586.0007 main 919,847A241 main Mr. Bryan Roden -Reynolds January 28, 2022 Page 2 generally northerly direction towards an existing stormwater drainage pipe located in the northwestern portion of the Site that appears to drain toward a downgradient stream feature located off the Site The developer is proposing to redevelop the Site with a multi -family residential development that will consist of 19 units along with appurtenant features such as driveways, parking areas, landscaping, and amenities. As part of the residential development, the developer is proposing to impact approximately 0.036 acre of WAA. The impact to WAA involves grading required to facilitate the construction of a level building pad for the development of two of the residential buildings and an associated driveway area. The developer is also proposing to install subgrade drainage, in the form of a French drain or similar, along the eastern side of WAA to assist in maintaining hydrology in and to WAA. Although the proposed impact to WAA is less than the typical mitigation threshold for NWP 929 of 0.1 acre for wetland impacts, the Site is located within hydrologic unit code 03050103 (103 Watershed). Due to the Site's location within the 103 Watershed, permanent impacts which result in the loss of jurisdictional waters require compensatory mitigation. Therefore, mitigation for the wetland impact is proposed via the North Carolina Division of Mitigation Services (DMS) In -Lieu Fee Program. Based on the North Carolina Wetland Assessment Method (NC WAM), the wetland quality of WAA is low. Based on the results of the NC WAM, the proposed mitigation ratio for the wetland impact is 2:1. H&H is seeking an NWP 929 verification for this development. A copy of the PCN submittal package, along with their application fee, has also been submitted to the North Carolina Department of Environmental Quality Division of Water Resources (DEQ DWR). 19 hart hickman https://hartluck.shuepoint.com/sites/A4mterFiles-1/Shared Documents/AAA-Master Projects/Revolve Residential (REV)/REV-001/Wetlands/Permitting/Cover5NkRTtkP�N'VIRONMENTAL SOLUTIONS Mr. Bryan Roden -Reynolds January 28, 2022 Page 3 Should you have any questions or require additional information, please feel free to contact Danielle Clark at 518-598-2862. Sincerely, Hart and Hickman, PC Bo Cappleman, PG Due Diligence Manager Attachments Danielle Clark, PWS Sr. Project Environmental Scientist • PCN Form • Figure I — Site Location Map • Figure 2 — Preliminary Wetland Delineation Map • Appendix A — Agent Authorization • Appendix B — Wetland Impact Exhibit prepared by LandDesign • Appendix C — Avoidance & Minimization • Appendix D — Supplemental Documents • Appendix E —Preliminary Jurisdictional Determination • Appendix F — Mitigation Acceptance Letter • Appendix G — NC WAM Form cc: Mr. Alan Johnson, NC DEQ DWR (via ePCN) Mr. Tim McCollum, Revolve Residential LLC (via Email) Mr. Shaun Tooley, PLA, LandDesign (via Email) hart hickman https://hartluck.shuepoint.com/sites/A4mterFiles-1/Shared Documents/AAA-Master Projects/Revolve Residential (REV)/REV-001/Wetlands/Permitting/CoverS7IMItTERpEt?MRONMENTAL SOLUTIONS Pre -Construction Notification Yeoman Road Residential Development 229-253 Yeoman Road Charlotte, North Carolina H&H Job No. REV-001 January 28, 2022 hart _V hickman �y►►►11:iI I:Za jj1►11:�6►[ul I ►tV_ I _I&If]ILl]1[0]►i•I 2923 South Tryon Street, 5uite 100 3921 Sunset Ridge Rd, Suite 301 Charlotte, NC 28203 Raleigh, NC 27607 www.harthickman.com 704.586.0007 main 919.847.4241 main a`'pF wArE�Q� fl qqlt:� Y Office Use Only: Corps action ID no. DWQ project no. Form Version 1.4 January 2009 Pre -Construction Notification (PCN) Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: ❑X Section 404 Permit ❑ Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: 29 or General Permit (GP) number: 1 c. Has the NWP or GP number been verified by the Corps? ❑ Yes ❑X No 1 d. Type(s) of approval sought from the DWQ (check all that apply): ❑X 401 Water Quality Certification — Regular ❑ Non-404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ❑ Yes ❑X No For the record only for Corps Permit: ❑ Yes ❑X No 1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. ❑X Yes ❑ No 1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 In below. ❑ Yes ❑X No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ❑X No 2. Project Information 2a. Name of project: Yeoman Road Residential Development 2b. County: Mecklenburg 2c. Nearest municipality / town: Charlotte 2d. Subdivision name: N/A 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: Gary R. Benfield David & Ann Palin 3b. Deed Book and Page No. 34005-379 and 10174-143 05985-094 and 06025-925 3c. Responsible Party (for LLC if applicable): N/A N/A 3d. Street address: 4911 Spring Meadow Lane 6239 River Cabin Lane 3e. City, state, zip: Monroe, NC 28110 Charlotte, NC 28278 3f. Telephone no.: 704-283-8836 704-588-8384 3g. Fax no.: 3h. Email address: Page 1 of 10 PCN Form — Version 1.4 January 2009 4. Applicant Information (if different from owner) 4a. Applicant is: ❑ Agent ❑X Other, specify: Site Developer 4b. Name: Tim McCollum 4c. Business name (if applicable): Revolve Residential LLC 4d. Street address: 920 Pecan Avenue, Suite 100 4e. City, state, zip: Charlotte, NC 28205 4f. Telephone no.: 704-965-2535 4g. Fax no.: N/A 4h. Email address: tim@RevolveResidential.com 5. Agent/Consultant Information (if applicable) 5a. Name: Danielle Clark, PWS 5b. Business name (if applicable): Hart and Hickman, PC 5c. Street address: 3921 Sunset Ridge Road, Suite 301 5d. City, state, zip: Raleigh, NC 27607 5e. Telephone no.: 518-598-2862 5f. Fax no.: 919-847-4261 5g. Email address: dclark@harthickman.com Page 2 of 10 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 14904347, 14904331, 14904332, and 14904333 1b. Site coordinates (in decimal degrees): Latitude: 35.182946 Longitude:-80.883737 1 c. Property size: 0.86 acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: Unnamed tributary of Irwin Creek 2b. Water Quality Classification of nearest receiving water: C (Irwin Creek Classification) 2c. River basin: Catawba 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: The Site consists of four parcels of land located at 229-253 Yeoman Road in Charlotte, Mecklenburg County, North Carolina. The Site is currently developed with one residence and one commercial building. Commercial use is to the north; light industrial use and vacant land is to the east; a stormwater management area is to the south; and undeveloped land and light industrial use is to the west. 3b. List the total estimated acreage of all existing wetlands on the property: 0.044 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 0 3d. Explain the purpose of the proposed project: The project proposes to develop a multi -family residential development with 19 units to serve the City of Charlotte. 3e. Describe the overall project in detail, including the type of equipment to be used: The planned development area will be graded with heavy equipment to prepare a level building pads. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project (includingall prior phases)in the past? ❑X Yes ❑ No ❑ Unknown Comments: pJD issued by the Corps on 10/5/2021 4b. If the Corps made the jurisdictional determination, what type of determination was made? ❑X preliminary ❑ Final 4c. If yes, who delineated the jurisdictional areas? Name (if known): Julia McGuire Agency/Consultant Company: Hart & Hickman, PC Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. The Corps conducted a desktop review and a PJD was issued by Bryan Roden -Reynolds on 10/5/2021 (SAW-2021-02075). 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? ❑Yes ❑X No ❑ Unknown 5b. If yes, explain in detail according to "help file" instructions. 6. Future Project Plans 6a. Is this a phased project? ❑ Yes ❑X No 6b. If yes, explain. Page 3 of 10 PCN Form — Version 1.4 January 2009 C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): ❑X Wetlands ❑ Streams — tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. Wetland impact number Permanent (P) or Temporary T 2b. Type of impact 2c. Type of wetland 2d. Forested 2e. Type of jurisdiction Corps (404,10) or DWQ (401, other) 2f. Area of impact (acres) W1 P Fill Headwater Wetland Yes Corps 0.036 W2 Choose one Choose one Yes/No W3 Choose one Choose one Yes/No W4 Choose one Choose one Yes/No W5 Choose one Choose one Yes/No W6 Choose one Choose one Yes/No 2g. Total Wetland Impacts: 0.036 2h. Comments: The permanent wetland impact involves grading and fill required to construct a level building pad for the development of two residential buildings and an associated driveway area. 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. Stream impact number Permanent (P) or Temporary (T) 3b. Type of impact 3c. Stream name 3d. Perennial (PER) or intermittent (INT)? 3e. Type of jurisdiction 3f. Average stream width (feet) 3g. Impact length (linear feet) S1 Choose one S2 Choose one S3 Choose one S4 Choose one S5 Choose one S6 Choose one 3h. Total stream and tributary impacts 3i. Comments: Page 4 of 10 PCN Form — Version 1.4 January 2009 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then indivi ually list all open water impacts below. 4a. Open water impact number Permanent (P) or Temporary T 4b. Name of waterbody (if applicable) 4c. Type of impact 4d. Waterbody type 4e. Area of impact (acres) 01 Choose one Choose O2 Choose one Choose 03 Choose one Choose 04 Choose one Choose 4f. Total open water impacts 4g. Comments: 5. Pond or Lake Construction If pond or lake construction proposed, the complete the chart below. 5a. Pond ID number 5b. Proposed use or purpose of pond 5c. Wetland Impacts (acres) 5d. Stream Impacts (feet) 5e. Upland (acres) Flooded Filled Excavated Flooded Filled Excavated p1 Choose one P2 Choose one 5f. Total: 5g. Comments: 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. 6a. Project is in which protected basin? ❑ Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Randleman ❑ Other: 6b. Buffer Impact number — Permanent (P) or Temporary (T) 6c. Reason for impact 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact (square feet) 6g. Zone 2 impact (square feet) B1 Yes/No B2 Yes/No B3 Yes/No B4 Yes/No B5 Yes/No B6 Yes/No 6h. Total Buffer Impacts: 6i. Comments: Not Applicable Page 5 of 10 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. See Appendix C 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. See Appendix C 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? ❑X Yes ❑ No 2b. If yes, mitigation is required by (check all that apply): ❑ DWQ ❑X Corps 2c. If yes, which mitigation option will be used for this project? ❑ Mitigation bank ❑X payment to in -lieu fee program ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type: Choose one Type: Choose one Type: Choose one Quantity: Quantity: Quantity: 3c. Comments: 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. ❑X Yes 4b. Stream mitigation requested: 0 linear feet 4c. If using stream mitigation, stream temperature: Choose one 4d. Buffer mitigation requested (DWQ only): 0 square feet 4e. Riparian wetland mitigation requested: 0 acres 4f. Non -riparian wetland mitigation requested: 0.072 acres 4g. Coastal (tidal) wetland mitigation requested: 0 acres 4h. Comments: The applicant proposes 2:1 mitigation ratio for 0.036 acre of wetland impact. 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Page 6 of 10 PCN Form — Version 1.4 January 2009 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires Yes X No buffer mitigation? 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. 6c. 6d. 6e. Zone Reason for impact Total impact Multiplier Required mitigation (square feet) (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund). 6h. Comments: Page 7 of 10 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers identified ❑ Yes ❑X No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. N/A ❑ Yes ❑ No 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 64 % 2b. Does this project require a Stormwater Management Plan? ❑X Yes ❑ No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: N/A 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: Developer to install stormwater drainage infrastructure and detention per City of Charlotte Stormwater Requirements. The net increase of imprevious area will be detained and treated per the City of Charlotte Central Catawba Basin Requirements, or mitigation will be paid per current City of Charlotte Stormwater Service fees. Existing storm drainage patterns on site are to be maintained throughout project construction and completion. 2e. Who will be responsible for the review of the Stormwater Management Plan? City of Charlotte Stormwater Services 3. Certified Local Government Stormwater Review 3a. In which localgovernment's jurisdiction is thisproject? City of Charlotte ❑ Phase II ❑ NSW 3b. Which of the following locally -implemented stormwater management programs ❑ USMP apply (check all that apply): ❑X Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ❑Yes ❑X No attached? 4. DWQ Stormwater Program Review ❑Coastal counties ❑HQW 4a. Which of the following state -implemented stormwater management programs apply ❑ORW (check all that apply): ❑X Session Law 2006-246 ❑Other: 4b. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑X No attached? 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ❑ Yes ❑X No 5b. Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑X No Page 8 of 10 PCN Form — Version 1.4 January 2009 F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1 a. Does the project involve an expenditure of public (federal/state/local) funds or the ❑ Yes ❑X No use of public (federal/state) land? 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State El Yes ❑ No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1 c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval ❑ Yes ❑ No letter.) Comments: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ❑Yes ❑X No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after -the -fact permit application? El Yes ❑X No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in ❑Yes ❑X No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. The proposed Site plan will develop the majority of the Site and additional development is not anticipated. Additional phases and/or impacts to Waters of the U.S. are not planned or proposed. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. Wastewater will enter Charlotte Water sanitary sewer infrastructure and will be piped to an off -Site Charlotte Water wastewater treatment plant. Page 9 of 10 PCN Form — Version 1.4 January 2009 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or ❑ Yes ❑X No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ❑X Yes ❑ No impacts? 5c. If yes, indicate the USFWS Field Office you have contacted. Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? DEQ Natural Heritage Program and Fish & Wildlife Service (FWS) on-line databases and on -Site reconnaissance (See information in Appendix D). 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes ❑X No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? http://www.habitat.noaa.gov/protection/efh/efhmapper/ 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation ❑ Yes ❑X No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? The National Registry of Historic Places, NC State Preservation Office databases, and on -Site reconnaissance (See information in Appendix D). 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? ❑ Yes ❑X No 8b. If yes, explain how project meets FEMA requirements: 8c. What source(s) did you use to make the floodplain determination? Reviewed FEMA Flood Insurance Rate Map ID #3710453200K �~ Danielle Clark, PWS 01-28-2022 Applicant/Agent's Printed Name Date Applicant/Agent's Signature (Agent's signature is valid only if an authorization letter from the applicant isprovided.) Page 10 of 10 411 ztv o is SISj TE IL V $ x' / -- Pinewood P a.. r. Copyr,ight:© 201f3P, tionaI Geographio Society, I -cubed TITLE I 0 2,000 4,000 SITE LOCATION MAP I V SCALE IN FEET PROJRESIDENTIALAND COMMERCIAL PROPERTIES 229-253 YEOMAN ROAD v CHARLOTTE, NORTH CAROLINA r U.S.G.S. QUADRANGLE MAP } 2923 South Tryon Street - Suite 100 Karl hlckman Charlotte, North Carolina28203 CHARLOTTE EAST AND WEST, NORTH CAROLINA 2013 Livens # C-1 69 �o4--245 Geology og SMARTER ENVIRONMENTAL SOLUTIONS License # C-1269 / # C-245 Geology QUADRANGLE DATE: 6/8/2021 REVISION NO: 0 7.5 MINUTE SERIES (TOPOGRAPHIC) JOB NO: REV-001 FIGURE NO: 1 pxw-Z ain6id\sain6�\sPueRaM\In3n) I�luagsaa anpnail\sVabid ialseW-yyy\5 Appendix A Agent Authorization Agent Certification of Authorization 1 Tim McCollum , representing the prospective developer of the residential and commercial properties located at 229-253 Yeoman Road which are represented by Parcel Numbers 14904347, 14904331, 14904332, and 14904333 in Charlotte, Mecklenburg County, North Carolina (approx. 0.86 acres), certify that I have authorized Hart & Hickman, PC to act on the prospective developer's behalf and take all actions necessary to the processing, issuance, and acceptance of a Preliminary Jurisdictional Determination and 401/404 permitting for this property. Prospective Applicant's Signature Name/Title: Company: 8/27/21 Date Revolve Residential 920 Pecan Avenue, Suite 100 Charlotte, NC 28205 704-965-2535 tim@RevolveResidential.com Agent's Signature Danielle Clark, PWS Hart & Hickman, PC 08-24-2021 Date Appendix B Wetland Impact Exhibit prepared by LandDesign a I _ — — _ U w z W w � m w 0 a �s zw / I w O 00 00 1 z (W7 Oz Oo OQ FO U W dm Ow M> / X X Do w w mC) m� I 1 1 ❑ O Q Q I g sk LL � LL LL LL LL I 1 .09 oz Ll / .09 as 1- 10 1 i I / \ ui ui ui ui LL / LL LL � LL �z wOrz a< QmO� (Qow mw�w 'I mztm mJmm QoO OON w� QZQo I W' n I z 1Q2O _ OQm Cu) uMm �I w (Do z��o I o w s s I I I LL LL LL LL LL� LL LL LL � LL I 19W Tw o ao Z0 oo a—Qe I 0 00 U) m Wm m am g U U / O ' Q I., v � f X Q / —� / �� WOE � / / / \ / C— O 0 F F O a 0 0 0 ¢ .z LL ZLLz LL LL LL LL LL ¢n¢ LL LL LL LL g Appendix C Avoidance and Minimization Appendix C Avoidance and Minimization Yeoman Road Residential Development 229-253 Yeoman Road Charlotte, North Carolina H&H Job No. REV-001 Avoidance and Minimization The proposed residential development is located along the westerly side of Yeoman Road south- southeast of the intersection of Yeoman Road and Yancey Road in Charlotte, Mecklenburg County, North Carolina. The Site consists of four contiguous parcels (Mecklenburg County Parcel ID Numbers 14904347, 14904331, 14904332, and 14904333) that total approximately 0.855 acre of land. H&H reviewed State and Federal threatened and endangered species databases for the Site, and conducted a screening survey of the Site and surrounding area for the presence of Federal threatened and endangered species or their suitable habitats, and none were identified. H&H also reviewed the National Registry of Historic Places (NRHP) for Sites located in Mecklenburg County, North Carolina and the North Carolina State Historic Preservation Office (NC SHPO) GIS viewer, and conducted a visual reconnaissance of the Site and surrounding area for the potential presence of historic, cultural, and/or archeological sites. No recorded sites were noted on or adjacent to the Site. No significant structures were observed on -Site. H&H requested comment on the Site from the US Fish and Wildlife Service (USFWS), North Carolina Wildlife Resources Commission (NC WRC), and NC SHPO in October 2021. Agency responses are included in Appendix D. To minimize Site impacts, the proposed Site plan was designed to avoid Waters of the US to the maximum extent practicable. The developer chose the Site as an already developed property with no threatened and endangered species or cultural resource issues, which further minimizes environmental impact within the surrounding area. The Site buildings, parking areas, and driveway areas have been designed to primarily occupy upland areas. The developer considered shifting the northernmost residential building to the east to avoid the northern impact to WAA. However, the City of Charlotte is requiring an open space area along the frontage of Yeoman 1 hart 'ti hickman https://huthick.shuepoint.com/sites/A4mterFiles-1/Shared Documents/AAA-Master Projects/Revolve Residential (REV)/REV-001/Wetlands/Permitting/C - Avoid and MinimiJ.doc SMARTER ENVIRONMENTAL SOLUTIONS Road in the area where the building could be shifted. Furthermore, the developer originally proposed one private driveway within the residential development to minimize Site disturbance. However, the City of Charlotte is requiring two private driveways in accordance with their zoning code. Additionally, the developer originally proposed 24 residential units and has decreased the number of units to 19 to accommodate the City's requirements while minimizing Site disturbance to the extent practicable. The developer is proposing to avoid approximately 0.008 acre of WAA. The area of WAA to remain is located in an area that will not be utilized by the residential development and will remain undisturbed. Furthermore, the developer is proposing to install subgrade drainage, in the form of a French drain or similar, along the eastern side of WAA to assist in maintaining hydrology in and to WAA. During Site development, good erosion and sediment control practices will be followed. Extensive silt fencing will be used on the construction Site perimeter and wetland boundaries to remain. Mitigation Mitigation is typically required by the NWP 929 for wetland impacts greater than 0.1 acre. Although the proposed impact to WAA is less than 0.1 acre, the Site is located within the 103 Watershed. Permanent impacts within the 103 Watershed which result in the loss of jurisdictional waters require compensatory mitigation. Therefore, compensatory mitigation for the 0.036-acre impact to WAA is proposed in the form of purchasing mitigation credits from DEQ's DMS in -lieu fee program. The DEQ DMS acceptance letter is attached in Appendix E. Based on the NC WAM, the wetland quality of WAA is low. Based on the results of the NC WAM, the proposed mitigation ratio for wetland impacts is 2:1. 2 hart Eti hickman https://huthick.shuepoint.com/sites/A4mterFiles-1/Shared Documents/AAA-Master Projects/Revolve Residential (REV)/REV-001/Wetlands/Permitting/C - Avoid and MinimiJ.doc SMARTER ENVIRONMENTAL SOLUTIONS Appendix D Supplemental Documents North Carolina Department of Natural and Cultural Resources State Historic Preservation Office Ramona M. Bartos, Administrator Governor Roy Cooper Secretary D. Reid Wilson November 17, 2021 Dan McCauley Hart & Hickman, PC 3921 Sunset Ridge Road, Ste 301 Raleigh, NC 27607 Office of Archives and History Deputy Secretary, Darin J. Waters, Ph.D. dmccauleygharthickman.com Re: Development, 229-253 Yeoman Road, Charlotte, Mecklenburg County, ER 21-2450 Dear Mr. McCauley: Thank you for your letter of October 8, 2021, regarding the above -referenced undertaking. We have reviewed the submission and offer the following comments. We have conducted a review of the project and are aware of no historic resources which would be affected by the project. Therefore, we have no comment on the project as proposed. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, contact Renee Gledhill -Earley, environmental review coordinator, at 919-814-6579 or environmental.reviewgncdcr.gov. In all future communication concerning this project, please cite the above referenced tracking number. �Sincerely, Ramona Bartos, Deputy State Historic Preservation Officer Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: (919) 814-6570/814-6898 BNT OR Tye' FISHSERVICE �o United States Department of the Interior FISH AND WILDLIFE SERVICE gRCH 3 1Asheville Field Office 160 Zillicoa Street Suite B Asheville, North Carolina 28801 January 7, 2022 Mr. Bo Cappleman Hart & Hickman, PC 3921 Sunset Ridge Road, Suite 301 Raleigh, North Carolina 27607 Subject: Proposed Redevelopment at Yeoman Road in Charlotte, Mecklenburg County, North Carolina. Dear Mr. Cappleman: On October 8, 2021, we received (via email) your information requesting our review of the subject project. We have reviewed the information that you presented for this request and the following comments are provided in accordance with the provisions of the National Environmental Policy Act (42 U.S.C.§ 4321 et seq.); the Fish and Wildlife Coordination Act, as amended (16 U.S.C. 661 - 667e); and section 7 of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 - 1543) (Act). Proiect Description According to the information provided, an undisclosed project proponent proposes undisclosed redevelopment of three parcels on approximately 0.86 acres at 229-253 Yeoman Road in Charlotte, Mecklenburg County, North Carolina. Federally Listed Species An assessment of suitable habitat and presence/absence species surveys for six species were conducted by environmental specialist with Hart & Hickman, PC (H&H) on August 27, 2021. The findings were compiled and included in the review request submitted to our office on October 8, 2021. The following species and their associated habitats were evaluated. Species Status' Carolina heelsplitter Lasmigona decorata E Michaux's sumac Rhus michauxii E Northern long-eared bat Myotis septentrionalis T Rusty -patched bumble bee Bombus affinis E Schweinitz's sunflower Helianthus schweinitzii E Smooth coneflower Echinacea laevigata E 'E = endangered and T= threatened. The review request states that no suitable habitat is present for Carolina heelsplitter. Based on the information provided, we agree with the assessment that no suitable habitat is present for Carolina heelsplitter. As such, section 7 consultation is not required for this species. Mr. Cappleman — H&H 2 The review request states that suitable habitat for Michaux's sumac, Schweinitz's sunflower, and smooth coneflower is present on site; however, the species were not observed during surveys. Based on negative results of visual surveys conducted on August 27, 2021, we would concur with "may affect, not likely to adversely affect" determinations from the lead federal action agency for these species. Based on the information provided, suitable summer roosting habitat for northern long-eared bat (NLEB) may be present on the site. However, the final 4(d) rule (effective as of February 16, 2016), exempts incidental take of NLEB associated with activities that occur greater than 0.25 miles from a known hibernation site, and greater than 150 feet from a known, occupied maternity roost during the pup season (June 1— July 31). The proposed development would occur at a location where any incidental take that may result from associated activities is exempt under the 4(d) rule. Although not required, we encourage the project proponent to avoid any associated tree clearing activities during the NLEB active season from April 1 — October 15. We appreciate the project proponent Is consideration of rusty -patched bumble bee when evaluating the action area for impacts to federally listed species and their habitats. Rusty -patched bumble bee is historically known from Mecklenburg County and the U.S. Fish and Wildlife Service's (Service) Asheville Ecological Services Field Office, generally, does not require section 7 consultation for species only known historically from a county. Therefore, section 7 consultation is not required for this species. The proposed project is in a county that has potential or known occurrence records of at -risk species (ARS) and candidate species (CAN). Below is a list of these species known from Mecklenburg County and for which we have concerns. Status' -Species Little brown bat M otis luct u us ARS Monarch butterfly Danaus plexippus CAN Tricolored bat Perim otis sub avus ARS 'ARS = at -risk species and CAN = candidate species. Little brown bat and tricolored bat are ARS, and monarch butterfly is a CAN. ARS and CAN are not legally protected under the Act and are not subject to any of its provisions, including section 7, unless they are formally proposed or listed as endangered or threatened. While lead federal agencies are not prohibited from jeopardizing the continued existence of an ARS, CAN, or proposed species until the species becomes listed, the prohibition against jeopardy and taking a listed species under section 9 of the Act applies as soon as the listing becomes effective, regardless of the stage of completion of the proposed action. We are including these species in our response to give you advance notification and request your assistance in protecting them. Although not required, we recommend that the presence/absence of these species be addressed in future biological assessments and biological evaluations prepared for similar projects. Additionally, we encourage you to coordinate projects with the NC Wildlife Resources Commission on behalf of these species. We believe the requirements under section 7 of the Act are fulfilled for the federally listed species discussed above. However, obligations under section 7 of the Act must be reconsidered if. (1) new information reveals impacts of the identified action may affect listed species or critical habitat in a manner not previously considered, (2) the identified action is subsequently modified in a manner that was not considered in this review, or (3) a new species is listed or critical habitat is determined that may be affected by the identified action. Mr. Cappleman — H&H Fish and Wildlife Resource Recommendations We are also concerned about the potential effects the proposed project could have on other natural resources. We offer the following general recommendations for the benefit of fish and wildlife resources: Erosion and Sedimentation Control. Construction activities near aquatic resources, streams, and wetlands have the potential to cause bank destabilization, water pollution, and water quality degradation if measures to control site runoff are not properly installed and maintained. In order to effectively reduce erosion and sedimentation impacts, best management practices specific to the extent and type of construction should be designed and installed prior to land -disturbing activities and should be maintained throughout construction. Natural fiber matting (coir) should be used for erosion control as synthetic netting can trap animals and persists in the environment beyond its intended purpose. Land disturbance should be limited to what can be stabilized quickly, preferably by the end of the workday. Once construction is complete, disturbed areas should be revegetated with native riparian grass and tree species as soon as possible. For maximum benefits to water quality and bank stabilization, riparian areas should be forested; however, if the areas are maintained in grass, they should not be mowed. The Service can provide information on potential sources of plant material upon request. A complete design manual that is consistent with the requirements of the North Carolina Sedimentation and Pollution Control Act and Administrative Rules, can be found at the following website: https:lldeq.nc.govlabout/divisions/energy-mineral-land-resources. Impervious Surfaces/Stormwater/Low Impact Development (LID). Increased development contributes to the increased quantity and decreased quality of stormwater entering project area waterways. Additionally, increased development outside the floodplain increases stormwater flows already caused by the lack of or loss of riparian buffers and floodplain development. Recent studies' have shown that areas of 10 percent to 20 percent impervious surface (such as roofs, roads, and parking lots) double the amount of stormwater runoff compared to natural cover and decrease deep infiltration (groundwater recharge) by 16 percent. At 35 — 50 percent impervious surface, runoff triples, and deep infiltration is decreased by 40 percent. Above 75 percent impervious surface, runoff is 5.5 times higher than natural cover, and deep infiltration is decreased by 80 percent. Additionally, the adequate treatment of stormwater at project sites is essential for the protection of water quality and aquatic habitat. Impervious surfaces also collect pathogens, metals, sediment, and chemical pollutants and quickly transmit them (via stormwater runoff) to receiving waters. According to the Environmental Protection Agency, this nonpoint-source pollution is one of the major threats to water quality in the United States, posing one of the greatest threats to aquatic life, and is also linked to chronic and acute illnesses in human populations from exposure through drinking water and contact recreational. Increased stormwater runoff also directly damages aquatic and riparian habitat, causing streambank and stream channel scouring. Additionally, impervious surfaces reduce groundwater recharge, resulting in even lower than expected stream flows during drought periods, which can induce potentially catastrophic effects for fish, mussels, and other aquatic life. To avoid any additional impacts to habitat quality within the watershed, we recommend that all new developments, regardless of the percentage of impervious surface area created, implement stormwater retention and treatment measures designed to replicate and maintain the hydrograph at the preconstruction condition. 'Federal Interagency Stream Restoration Working Group (15 federal agencies of the United States Government). Published October 1998, Revised August 2001. Stream Corridor Restoration: Principles, Processes, and Practices. GPO Item No. 0120-A; SuDocs No. A 57.6/2:EN 3/PT.653. ISBN-0-934213-59-3. Mr. Cappleman — H&H 4 We recommend the use of low impact development techniques,2 such as reduced road widths, grassed swales in place of curb and gutter, rain gardens, and wetland retention areas, for retaining and treating stormwater runoff rather than the more traditional measures, such as large retention ponds, etc. These designs often cost less to install and significantly reduce environmental impacts from development. Where detention ponds are used, stormwater outlets should drain through a vegetated area prior to reaching any natural stream or wetland area. Detention structures should be designed to allow for the slow discharge of stormwater, attenuating the potential adverse effects of stormwater surges; thermal spikes; and sediment, nutrient, and chemical discharges. Also, because the purpose of stormwater control measures is to protect streams and wetlands, no stormwater control measures or best management practices should be installed within any stream (perennial or intermittent) or wetland. We also recommend that consideration be given to the use of pervious materials (i.e., pervious concrete, interlocking/open paving blocks, etc.) for the construction of roads, driveways, sidewalks, etc. Pervious surfaces minimize changes to the hydrology of the watershed and can be used to facilitate groundwater recharge. Pervious materials are also less likely to absorb and store heat and allow the cooler soil below to cool the pavement. Additionally, pervious concrete requires less maintenance and is less susceptible to freeze/thaw cracking due to large voids within the concrete. Use of any of the proposed stormwater collection devices described above will dramatically decrease the quantity and increase the quality of stormwater runoff. The Service appreciates the opportunity to provide these comments. Please contact Ms. Rebekah Reid of our staff at rebekah reid@fws.gov, if you have any questions. In any future correspondence concerning this project, please reference Log Number 4-2-22-332 Sincerely, - - original signed - - Janet Mizzi Field Supervisor 'We recommend visiting the Environmental Protection Agency's Web site (ht62://www.fga.goy/polluted-runoff- nonpoint-source pollution/urban-runoff--low-impact-development) for additional information and fact sheets regarding the implementation of low -impact -development techniques. 9 North Carolina Wildlife Resources Commission 9 Cameron Ingram, Executive Director 05 November 2021 Mr. Dan McCauley Hart & Hickman PC 3921 Sunset Ridge Rd, Suite 301 Raleigh, NC 27607 Subject: Request for Environmental Review 229-253 Yeoman Road Charlotte, Mecklenburg County, North Carolina Dear Mr. McCauley, Biologists with the North Carolina Wildlife Resource Commission (NCWRC) received your email on 08 October 2021. Biologists with NCWRC have reviewed the subject information. Comments are provided in accordance with provisions of the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667e) and North Carolina General Statutes (G.S. 113-131 et seq.). Hart & Hickman, PC (H&H) is requesting information on the potential impacts to threatened and endangered species and critical habitats at or near the proposed development project to be located at 229- 253 Yeoman Road in Charlotte, Mecklenburg County, North Carolina. The 0.855-acre site is in an industrial area that has a residence and automotive service garage. The site drains to an unnamed tributary of Irwin Creek in the Catawba River basin. According to H&H, one wetland is present on the western portion of the site. We have no known current records of federal or state rare, threatened, or endangered species within or adjacent to the site. H&H surveyed the site for federally protected species and their suitable habitat in August 2021, and no individuals or their habitat were observed during the field survey. We offer the following preliminary recommendations to minimize impacts to aquatic and terrestrial wildlife resources. 1. We recommend the proposed development avoid impacting the wetland. Maintain a minimum 100-foot undisturbed, native, forested buffer along perennial streams, and a minimum 50-foot buffer along intermittent streams and wetlands. Maintaining undisturbed, forested buffers along these areas will minimize impacts to aquatic and terrestrial wildlife resources, water quality, and aquatic habitat both within and downstream of the project area. Also, wide riparian buffers are helpful in maintaining stability of stream banks and for treatment of pollutants associated with urban stormwater. Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721 Telephone: (919) 707-0220 • Fax: (919) 707-0028 Page 2 05 November 2021 229-253 Yeoman Road Mecklenburg County 3. Disturbed areas should be re -seeded with native seed mixtures. Avoid fescue -based mixtures and lespedeza because fescue is invasive and/or non-native. Native, annual small grains appropriate for the season are preferred and recommended. Consider planting native, wildflower seed mixes and plants that will create pollinator habitat within the site. Avoid using invasive, non-native plants in seed mixtures or landscaping plants (http://www.ncwildflower.org/plant_galleries/invasives_list). 4. We recommend using green construction techniques to improve water, waste, and energy efficiency, such as environmental -friendly building techniques, construction waste management, and energy efficient building materials. 5. Use non-invasive native species and Low Impact Development (LID) technology in landscaping. Using LID technology in landscaping will not only help maintain the predevelopment hydrologic regime, but also enhance the aesthetic and habitat value of the site. LID techniques include permeable pavement and bioretention areas that can collect stormwater from driveways and parking areas. Additional alternatives include narrower roads, swales versus curbs/gutters and permeable surfaces such as turf stone, brick, and cobblestone. Compared to conventional developments, implementing appropriate LID techniques can be more cost-effective, increase property values, provide space -saving advantages, reduce runoff, and protect water quality (hips:Howl.cwp.org/mdocs-posts/roseen-et-al-2011-forging-the-link. Also, additional information on LID can be found at the NC State University LID guide: http://www.onsiteconsortium.org/npsdeal/NC_LID_Guidebook.pdf. NCWRC's Green Growth Toolbox provides information on nature -friendly planning (http://www.ncwildlife.org/Conservin /g Programs/GreenGrowthToolbox.aspx). At this time, the information provided is not sufficient for our staff to make definitive recommendations or conclusions concerning this project. If I can be of additional assistance, please call (919) 707-0364 or email olivia.munzer&ncwildlife.oM. Sincerely, C�1_ Olivia Munzer Western Piedmont Habitat Conservation Coordinator Habitat Conservation Program Appendix E Preliminary Jurisdictional Determination SAW-2021-02075 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2021-02075 County: Mecklenburg U.S.G.S. Quad: NC -Charlotte West NOTIFICATION OF JURISDICTIONAL DETERNIINATION Requestor: Revolve Residential Tim McCollum Address: 920 Pecan Avenue, Suite 100 Charlotte, NC 28205 Telephone Number: 704-965-2535 E-mail: tim( )revolveresidential.com Size (acres) 0.86 Nearest Town Charlotte Nearest Waterway Irwin Creek River Basin Santee USGS HUC 03050103 Coordinates Latitude: 35.182946 Longitude:-80.883737 Location description: The review area is located on the west side of Yeoman Road; approximately 0.3 miles south of the intersection of Yeoman Road and Yancey Road. PINS: 14904347,14904331, 14904332, and 14904333. Reference review area descrintion shown in the Jurisdictional Determination Request nackage entitled "Figure 1, USGS Ouadran0e Man (Dated 06/08/21). Indicate Which of the Following Apply: A. Preliminary Determination ® There appear to be wetlands on the above described project area/property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The wetlands have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. The approximate boundaries of these waters are shown on the enclosed delineation map dated 6/8/2021. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. ❑ There appear to be wetlands on the above described project area/property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the wetlands have not been properly delineated, this preliminary jurisdiction determination may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an effective presumption of CWA/RHA jurisdiction over all of the wetlands at the project area, which is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. B. Approved Determination ❑ There are Navigable Waters of the United States within the above described project area/property subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ There are wetlandson the above described project area/property subject to the permit requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ We recommend you have the wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. SAW-2021-02075 ❑ The wetlands on your project area/property have been delineated and the delineation has been verified by the Corps. The approximate boundaries of these waters are shown on the enclosed delineation map dated DATE. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. ❑ The wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below onDATE. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ There are no waters of the U.S., to include wetlands, present on the above described project area/property which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in Morehead City, NC, at (252) 808-2808 to determine their requirements. Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or placement of structures, or work within navigable waters of the United States without a Department of the Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Bryan Roden -Reynolds at 704-510-1440 or brvan.roden-reynolds(&u sace.army.mil. C. Basis For Determination: Basis For Determination: See the preliminary jurisdictional determination form dated 10/05/2021. D. Remarks: None E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and Request for Appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Mr. Philip A. Shannin Administrative Appeal Review Officer 60 Forsyth Street SW, Floor M9 Atlanta, Georgia 30303-8803 AND PHILIP.A. SHANNINgUSACE.ARMY.MIL In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by Not applicable. **It is not necessary to submit an RFA fnrm to the nivicion Office if you do not object to the determination in this correspondence.** Bryan Roden -Reynolds Corps Regulatory Official: 9091 11529 13.48-09 -(4'00' SAW-2021-02075 Date of JD: 10/05/2021 Expiration Date of JD: Not applicable 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 our Customer Satisfaction Survey, located online at https://re ug lator,�.ops.usace.army.mil/customer-service-survey/. Copy Furnished: 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: Hart and Hickman, PC Danielle Clark Address: 2923 South Tryon Street, Suite 130 Charlotte, NC 28203 Telephone Number: 704-586-0007 E-mail: dclark(&harthickman.com NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: Revolve Residential. Tim McCollum File Number: SAW-2021-02075 Date: 10/05/2021 Attached is: See Section below INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A PROFFERED PERMIT (Standard Permit or Letter of permission) B PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D ❑X PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at or http://www.usace.army.miUMissions/CivilWorks/ReaulatoryProgramandPenuits.asi) OZI& Corps regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision and/or the If you only have questions regarding the appeal process you may appeal process you may contact: also contact: District Engineer, Wilmington Regulatory Division MR. PHILIP A. SHANNIN Attn: Bryan Roden -Reynolds ADMINISTRATIVE APPEAL REVIEW OFFICER Charlotte Regulatory Office CESAD-PDS-O U.S Army Corps of Engineers 60 FORSYTH STREET SOUTHWEST, FLOOR M9 8430 University Executive Park Drive, Suite 615 ATLANTA, GEORGIA 30303-8803 Charlotte, North Carolina 28262 PHONE: (404) 562-5136; FAX (404) 562-5138 EMAIL: PHILIP.A.SHANNIN(aUSACE.ARMY.MIL RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15-day notice of any site investigation, and will have the opportum to participate in all site invest] ations. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: Bryan Roden -Reynolds, 69 Darlington Avenue, Wilmington, North Carolina 28403 For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Philip Shannin, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: 10/05/2021 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Revolve Residential, Tim McCollum, 920 Pecan Avenue, Suite 100, Charlotte, NC 28205 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Yeoman Road Residential, SAW-2021-02075 D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The review area is located on the west side of Yeoman Road; approximately 0.3 miles south of the intersection of Yeoman Road and Yancey Road. PINS: 14904347, 14904331, 14904332, and 14904333. Reference review area description shown in the Jurisdictional Determination Request package entitled "Figure 1, USGS Quadrangle Map (Dated 06/08/21). (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: NC County: Mecklenburg City: Charlotte Center coordinates of site (lat/long in degree decimal format): Latitude: 35.182946 Longitude:-80.883737 Universal Transverse Mercator: Name of nearest waterbody: Irwin Creek E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ®Office (Desk) Determination. Date: 10/05/21 ❑ Field Determination. Date(s): TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION Feature Latitude Longitude Estimated Type of aquatic Geographic authority to (decimal (decimal amount of resources (i.e., which the aquatic degrees) degrees) aquatic wetland vs. resource "may be" resources in non -wetland subject (i.e., Section 404 review area waters) or Section 10/404) (acreage and linear feet, if applicable Wetland WAA 35.182853 -80.883914 0.06 acre Wetland 404 1. The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an approved JD (AJD) for that review area based on an informed decision after having discussed the various types of JDs and their characteristics and circumstances when they may be appropriate. 2. In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre- construction notification" (PCN), or requests verification for a non -reporting NWP or other general permit, and the permit applicant has not requested an AJD for the activity, the permit applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit authorization based on a PJD, which does not make an official determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an AJD could possibly result in less compensatory mitigation being required or different special conditions; (3) the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) undertaking any activity in reliance upon the subject permit authorization without requesting an AID constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AJD or a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it becomes appropriate to make an official determination whether geographic jurisdiction exists over aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic resources in the review area, the Corps will provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that there "may be" waters of the U.S. and/or that there "may be" navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the review area that could be affected by the proposed activity, based on the following information: SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items are included in the administrative record and are appropriately cited: ® Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Map: Figures 1-2 and numerous unnumbered figures ® Data sheets prepared/submitted by or on behalf of the PJD requestor. Datasheets: ® Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. Rationale: ❑ Data sheets prepared by the Corps: ❑Corps navigable waters' study: ❑ U.S. Geological Survey Hydrologic Atlas: ❑USGS NHD data: ❑ USGS 8 and 12 digit HUC maps: ®U.S. Geological Survey map(s). Cite scale & quad name: Figure 1, USGS Quadrangle Map (7.5-minute quadrangle Charlotte East and Charlotte West, NC) ®Natural Resources Conservation Service Soil Survey. Citation: Hvdric Rating by Map Unit (Web Soil Survev of Mecklenburg County) ® National wetlands inventory map(s). Cite name: Wetlands (USFWS NWI Mapper) ❑ State/local wetland inventory map(s): ❑ FEMA/FIRM maps: ❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929) ® Photographs: ® Aerial (Name & Date): Figure 2, Preliminary Wetland Delineation Mau (Dated 06/08/21) or ® Other (Name & Date): Photographs 1-5 ❑ Previous determination(s). File no. and date of response letter: ❑ Other information (please specify): IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for later iurisdictional determinations. Bryan Roden -Reynolds 2021.10.05 13:47:35-04'00' Signature and date of Regulatory staff member completing PJD 10/05/2021 Signature and date of person requesting PJD (REQUIRED, unless obtaining the signature is impracticable)1 1 Districts may establish timeframes for requester to return signed PJD forms. If the requester does not respond within the established time frame, the district may presume concurrence and no additional follow up is necessary prior to fmalizing an action. pxw-Z I ~ S Appendix F DEQ DMS In -Lieu Fee Program Acceptance Letter ROY COOPER Governor ELIZABETH S. BISER Secretary MARC RECKTENWALD Director Tim McCollum Revolve Residential LLC 920 Pecan Avenue, Suite 100 Charlotte, NC 28205 NORTH CAROLINA Environmental Quality January 21, 2022 Expiration of Acceptance: 7/21/2022 Project: Yeoman Road Residential Development County: Mecklenburg This is a conditional acceptance letter. The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to accept payment for compensatory mitigation for impacts associated with the above referenced project as indicated in the table below. Please note that this decision does not assure that participation in the DMS in - lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will be approved. You must also comply with all other state, federal or local government permits, regulations or authorizations associated with the proposed activity including G.S. § 143-214.11. This acceptance is valid for six months from the date of this letter and is not transferable. If we have not received a copy of the issued 404 Permit/401 Certification within this time frame, this acceptance will expire. It is the applicant's responsibility to send copies of the permits to DMS. Once DMS receives a copy of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the in -lieu fee to be paid by an applicant is calculated based upon the Fee Schedule and policies listed on the DMS website. Based on the information supplied by you in your request to use the DMS, the impacts for which you are requesting compensatory mitigation credit are summarized in the following table. The amount of mitigation required and assigned to DMS for this impact is determined by permitting agencies and may exceed the impact amounts shown below. River Basin Impact Location (8-digit HUC) Impact Type Impact Quantity Catawba 03050103 Non -Riparian Wetland 0.06 *DMS proposes to utilize the Catawba 03 Expanded Service Area to meet the mitigation requirement. *Non - riparian wetland credit is not available in this service area. In accordance with the directive from the February 8, 2011 IRT meeting, non -riparian wetland impacts located in the mountain and piedmont areas of North Carolina can be accepted as requested, but mitigated utilizing riparian wetland mitigation credits. Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The mitigation will be performed in accordance with the In -Lieu Fee Program instrument dated July 28, 2010. Thank you for your interest in the DMS in -lieu fee mitigation program. If you have any questions or need additional information, please contact KeIIy.Williams()ncdenr.gov. Sincerely, //_Vdu(_grYk-aa FOR James. B Stanfill Asset Management Supervisor cc: Danielle Clark, agent North Carolina Department of Environmental Quality I Division of Mitigation Services 217 West Jones Street 1 1652 Mail Service Center I Raleigh, North Carolina 27699-1652 h(h�TH :.AROI iRA IV o �nmmmenni w�a 919,707,8976 Appendix G NC WAM Form NC WAM WETLAND ASSESSMENT FORM Accompanies User Manual Version 5 Project Name Yeoman Road Residential Development Applicant/Owner Name Revolve Residential LLC Wetland Type Headwater Forest Level III Ecoregion Piedmont River Basin Catawba Date of Evaluation 6/1/2021 Wetland Site Name Wetland Area 'A' (WAA) Assessor Name/Organization DCC - H&H Nearest Named Water Body Irwin Creek USGS 8-Digit Catalogue Unit 03050103 County Mecklenburg NCDWR Region Mooresville r; Yes T'6 No Precipitation within 48 hrs? Latitude/Longitude (deci-degrees) 35.182946,-80.883737 Evidence of stressors affecting the assessment area (may not be within the assessment area) Please circle and/or make note on last page if evidence of stressors is apparent. Consider departure from reference, if appropriate, in recent past (for instance, approximately within 10 years). Noteworthy stressors include, but are not limited to the following. • Hydrological modifications (examples: ditches, dams, beaver dams, dikes, berms, ponds, etc.) • Surface and sub -surface discharges into the wetland (examples: discharges containing obvious pollutants, presence of nearby septic tanks, underground storage tanks (USTs), hog lagoons, etc.) • Signs of vegetation stress (examples: vegetation mortality, insect damage, disease, storm damage, salt intrusion, etc.) • Habitat/plant community alteration (examples: mowing, clear -cutting, exotics, etc.) Is the assessment area intensively managed? T - Yes Jo No Regulatory Considerations - Were regulatory considerations evaluated? 4 Yes No If Yes, check all that apply to the assessment area. F Anadromous fish F0 Federally protected species or State endangered or threatened species NCDWR riparian buffer rule in effect Abuts a Primary Nursery Area (PNA) F Publicly owned property F N.C. Division of Coastal Management Area of Environmental Concern (AEC) (including buffer) Abuts a stream with a NCDWQ classification of SA or supplemental classifications of HQW, ORW, or Trout F Designated NCNHP reference community F Abuts a 303(d)-listed stream or a tributary to a 303(d)-listed stream What type of natural stream is associated with the wetland, if any? (check all that apply) Blackwater Brownwater Tidal (if tidal, check one of the following boxes) Lunar Wind Both Is the assessment area on a coastal island? i ` Yes 4 No Is the assessment area's surface water storage capacity or duration substantially altered by beaver? C- Yes i No Does the assessment area experience overbank floodin normal rainfall conditions? r-- Yes i;i No Ground Surface Condition/Vegetation Condition — assessment area condition metric Check a box in each column. Consider alteration to the ground surface (GS) in the assessment area and vegetation structure (VS) in the assessment area. Compare to reference wetland if applicable (see User Manual). If a reference is not applicable, then rate the assessment area based on evidence of an effect. GS VS i A A Not severely altered -_ B `: B Severely altered over a majority of the assessment area (ground surface alteration examples: vehicle tracks, excessive sedimentation, fire -plow lanes, skidder tracks, bedding, fill, soil compaction, obvious pollutants) (vegetation structure alteration examples: mechanical disturbance, herbicides, salt intrusion [where appropriate], exotic species, grazing, less diversity [if appropriate], hydrologic alteration) 2. Surface and Sub -Surface Storage Capacity and Duration — assessment area condition metric Check a box in each column. Consider surface storage capacity and duration (Surf) and sub -surface storage capacity and duration (Sub). Consider both increase and decrease in hydrology. A ditch <_ 1 foot deep is considered to affect surface water only, while a ditch > 1 foot deep is expected to affect both surface and sub -surface water. Consider tidal flooding regime, if applicable. Surf Sub A A Water storage capacity and duration are not altered. `. B B Water storage capacity or duration are altered, but not substantially (typically, not sufficient to change vegetation). C : C Water storage capacity or duration are substantially altered (typically, alteration sufficient to result in vegetation change) (examples: draining, flooding, soil compaction, filling, excessive sedimentation, underground utility lines). 3. Water Storage/Surface Relief — assessment area/wetland type condition metric (skip for all marshes) Check a box in each column for each group below. Select the appropriate storage for the assessment area (AA) and the wetland type (WT). AA WT 3a. C' A f A Majority of wetland with depressions able to pond water > 1 foot deep C' B f B Majority of wetland with depressions able to pond water 6 inches to 1 foot deep C C Majority of wetland with depressions able to pond water 3 to 6 inches deep (— D C D Depressions able to pond water < 3 inches deep 3b. (— A Evidence that maximum depth of inundation is greater than 2 feet f ' B Evidence that maximum depth of inundation is between 1 and 2 feet `: C Evidence that maximum depth of inundation is less than 1 foot 4. Soil Texture/Structure - assessment area condition metric (skip for all marshes) Check a box from each of the three soil property groups below. Dig soil profile in the dominant assessment area landscape feature. Make soil observations within the 12 inches. Use most recent National Technical Committee for Hydric Soils guidance for regional indicators. 4a. 1 A Sandy soil 14 B Loamy or clayey soils exhibiting redoximorphic features (concentrations, depletions, or rhizospheres) C Loamy or clayey soils not exhibiting redoximorphic features 1 D Loamy or clayey gleyed soil i E Histosol or histic epipedon 4b. A Soil ribbon < 1 inch B Soil ribbon >- 1 inch 4c. fi A No peat or muck presence B A peat or muck presence 5. Discharge into Wetland - opportunity metric Check a box in each column. Consider surface pollutants or discharges (Surf) and sub -surface pollutants or discharges (Sub). Examples of sub -surface discharges include presence of nearby septic tank, underground storage tank (UST), etc. Surf Sub A - A Little or no evidence of pollutants or discharges entering the assessment area `s B `: B Noticeable evidence of pollutants or discharges entering the wetland and stressing, but not overwhelming the treatment capacity of the assessment area C C Noticeable evidence of pollutants or discharges (pathogen, particulate, or soluble) entering the assessment area and potentially overwhelming the treatment capacity of the wetland (water discoloration, dead vegetation, excessive sedimentation, odor) 6. Land Use - opportunity metric (skip for non -riparian wetlands) Check all that apply (at least one box in each column). Evaluation involves a GIS effort with field adjustment. Consider sources draining to assessment area within entire upstream watershed (WS), within 5 miles and within the watershed draining to the assessment area (5M), and within 2 miles and within the watershed draining to the assessment area (2M). Effective riparian buffers are considered to be 50 feet wide in the Coastal Plain and Piedmont ecoregions and 30 feet wide in the Blue Ridge Mountains ecoregion. WS 5M 2M FV A F,01 A F0 A >- 10% impervious surfaces F B F B B Confined animal operations (or other local, concentrated source of pollutants) F C F C C >_ 20% coverage of pasture F D F D F D >_ 20% coverage of agricultural land (regularly plowed land) +7 E +' E F7 E >_ 20% coverage of maintained grass/herb +' F +' F F7 F >_ 20% coverage of clear-cut land F G F G F G Little or no opportunity to improve water quality. Lack of opportunity may result from little or no disturbance in the watershed or hydrologic alterations that prevent dainage and/or overbank flow from affectio the assessment area. Wetland Acting as Vegetated Buffer - assessment area/wetland complex condition metric (skip for non -riparian wetlands) 7a. Is assessment area within 50 feet of a tributary or other open water? Yes `: No If Yes, continue to 7b. If No, skip to Metric 8. 7b. How much of the first 50 feet from the bank is weltand? (Wetland buffer need only be present on one side of the water body. Make buffer judgment based on the average width of wetland. Record a note if a portion of the buffer has been removed or disturbed.) A >- 50 feet B From 30 to < 50 feet C From 15 to < 30 feet r D From 5 to < 15 feet P'- E < 5 feet or buffer bypassed by ditches 7c. Tributary width. If the tributary is anastomosed, combine widths of channels/braids for a total width. P - <- 15-feet wide P'- > 15-feet wide P - Other open water (no tributary present) 7d. Do roots of assessment area vegetation extend into the bank of the tributary/open water? f Yes f-- No 7e. Is tributary or other open water sheltered or exposed? f Sheltered - adjacent open water with width < 2500 feet and no regular boat traffic. C-- Exposed - adjacent open water with width >- 2500 feet or regular boat traffic. 8. Wetland Width at the Assessment Area - wetland type/wetland complex condition metric (evaluate WT for all marshes and Estuarine Woody Wetland only; evaluate WC for Bottomland Hardwood Forest, Headwater Forest, and Riverine Swamp Forest only) Check a box in each column. Select the average width for the wetland type at the assessment area (WT) and the wetland complex at the assessment area (WC). See User Manual for WT and WC boundaries. WT WC t A A >- 100 feet f B ( B From 80 to < 100 feet t- C f C From 50 to < 80 feet (- D f D From 40 to < 50 feet t- E f E From 30 to < 40 feet (- F C F From 15 to < 30 feet Ci G `: G From 5 to < 15 feet CH T -H <5feet 9. Inundation Duration — assessment area condition metric (skip for non -riparian wetlands) Answer for assessment area dominant landform. C A Evidence of short -duration inundation (< 7 consecutive days) C: B Evidence of saturation, without evidence of inundation r- C Evidence of long -duration inundation or very long -duration inundation (7 to 30 consecutive days or more) 10. Indicators of Deposition — assessment area condition metric (skip for non -riparian wetlands and all marshes) Consider recent deposition only (no plant growth since deposition). C: A Sediment deposition is not excessive, but at approximately natural levels. (— B Sediment deposition is excessive, but not overwhelming the wetland. t C Sediment deposition is excessive and is overwhelming the wetland. 11. Wetland Size — wetland type/wetland complex condition metric Check a box in each column. Involves a GIS effort with field adjustment. This metric evaluates three aspects of the wetland area: the size of the wetland type (WT), the size of the wetland complex (WC), and the size of the forested wetland (FW) (if applicable, see User Manual). See the User Manual for boundaries of these evaluation areas. If assessment area is clear-cut, select "K" for the FW column. WT WC FW (if applicable) A C- A z-- A >_ 500 acres %- B C B ( B From 100 to < 500 acres %- C f" C f C From 50 to < 100 acres - D (` D (` D From 25 to < 50 acres - E E f E From 10 to < 25 acres F f F C F From 5 to < 10 acres C G C G f G From 1 to < 5 acres C H (` H H From 0.5 to < 1 acre ( I C` I (` I From 0.1 to < 0.5 acre f:J 4J f:J From 0.01 to<0.1 acre C K - K C K < 0.01 acre or assessment area is clear-cut 12. Wetland Intactness — wetland type condition metric (evaluate for Pocosins only) i A Pocosin is the full extent (>_ 90%) of its natural landscape size. B Pocosin is < 90% of the full extent of its natural landscape size. 13. Connectivity to Other Natural Areas — landscape condition metric 13a. Check appropriate box(es) (a box may be checked in each column). Involves a GIS effort with field adjustment. This evaluates whether the wetland is well connected (Well) and/or loosely connected (Loosely) to the landscape patch, the contiguous metric naturally vegetated area and open water (if appropriate). Boundaries are formed by four -lane roads, regularly maintained utility line corridors the width of a four -lane road or wider, urban landscapes, fields (pasture open and agriculture), or water > 300 feet wide. Well Loosely t A C- A >_ 500 acres B - B From 100 to < 500 acres C f-- C From 50 to < 100 acres D C D From 10 to < 50 acres r` E (: E < 10 acres ri F F Wetland type has a poor or no connection to other natural habitats 13b. Evaluate for marshes only. r-- Yes C— No Wetland type has a surface hydrology connection to open waters/stream or tidal wetlands. 14. Edge Effect — wetland type condition metric (skip for all marshes and Estuarine Woody Wetland) May involve a GIS effort with field adjustment. Estimate distance from wetland type boundary to artificial edges. Artificial edges include non -forested areas >_ 40 feet wide such as fields, development, roads, regularly maintained utility line corridors and clear -cuts. Consider the eight main points of the compass. Artificial edge occurs within 150 feet in how many directiions? If the assessment area is clear-cut, select option "C." -_ A 0 r:- B 1 to 4 • C 5 to 8 15. Vegetative Composition — assessment area condition metric (skip for all marshes and Pine Flat) A Vegetation is close to reference condition in species present and their proportions. Lower strata composed of appropriate species, with exotic plants absent or sparse within the assessment area. B Vegetation is different from reference condition in species diversity or proportions, but still largely composed of native species characteristic of the wetland type. This may include communities of weedy native species that develop after clearcutting or clearing. It also includes communities with exotics present, but not dominant, over a large portion of the expected strata. C Vegetation severely altered from reference in composition, or expected species are unnaturally absent (planted stands of non - characteristic species or at least one stratum inappropriately composed of a single species), or exotic species are dominant in at least one stratum. 16. Vegetative Diversity— assessment area condition metric (evaluate for Non -tidal Freshwater Marsh only) C A Vegetation diversity is high and is composed primarily of native species (<10% cover of exotics). (i B Vegetation diversity is low or has > 10% to 50% cover of exotics. f C Vegetation is dominated by exotic species (>50% cover of exotics). 17. Vegetative Structure — assessment area/wetland type condition metric 17a. Is vegetation present? 4 Yes : No If Yes, continue to 17b. If No, skip to Metric 18. 17b. Evaluate percent coverage of assessment area vegetation for all marshes only. Skip to 17c for non -marsh wetlands. f - A >_ 25% coverage of vegetation (- B < 25% coverage of vegetation 17c. Check a box in each column for each stratum. Evaluate this portion of the metric for non -marsh wetlands. Consider structure in airspace above the assessment area (AA) and the wetland type (WT) separately. AA WT o(~ A ( A Canopy closed, or nearly closed, with natural gaps associated with natural processes m (a B (i B Canopy present, but opened more than natural gaps U C C f - C Canopy sparse or absent T o (i A i A Dense mid-story/sapling layer t— B (' B Moderate density mid-story/sapling layer C C C C Mid-story/sapling layer sparse or absent (i A (i A Dense shrub layer B (` B Moderate density shrub layer C C C - C Shrub layer sparse or absent (` A ( A Dense herb layer (e B I B Moderate density herb layer C - C Herb layer sparse or absent 18. Snags — wetland type condition metric (skip for all marshes) A Large snags (more than one) are visible (> 12-inches DBH, or large relative to species present and landscape stability). f: B Not A 19. Diameter Class Distribution — wetland type condition metric (skip for all marshes) A Majority of canopy trees have stems > 6 inches in diameter at breast height (DBH); many large trees (> 12 inches DBH) are present. B Majority of canopy trees have stems between 6 and 12 inches DBH, few are > 12-inch DBH. C Majority of canopy trees are < 6 inches DBH or no trees. 20. Large Woody Debris — wetland type condition metric (skip for all marshes) Include both natural debris and man -placed natural debris. %- A Large logs (more than one) are visible (> 12 inches in diameter, or large relative to species present and landscape stability). B Not A 21. Vegetation/Open Water Dispersion — wetland type/open water condition metric (evaluate for Non -Tidal Freshwater Marsh only) Select the figure that best describes the amount of interspersion between vegetation and open water in the growing season. Patterned areas indicate vegetated areas, while solid white areas indicate open water. A :` B C D L ' 22. Hydrologic Connectivity— assessment area condition metric (evaluate for riparian wetlands and Salt/Brackish Marsh only) Examples of activities that may severely alter hydrologic connectivity include intensive ditching, fill, sedimentation, channelization, diversion, man-made berms, beaver dams, and stream incision. Documentation required if evaluated as B, C, or D. C A Overbank and overland flow are not severely altered in the assessment area. (- B Overbank flow is severely altered in the assessment area. t — C Overland flow is severely altered in the assessment area. D Both overbank and overland flow are severely altered in the assessment area. Notes WAA is located within a highly urbanized area of the City of Charlotte. WAA is also located adjacent to a residence with a maintained lawn and a commercial automotive mechanic business. The drainage and hydrology of WAA appears to be significantly disturbed; there is a stormwater management area located to the south-southeast of WAA and a stormwater drainage pipe located to the northwest of WAA. NC WAM Wetland Rating Sheet Accompanies User Manual Version 5.0 Wetland Site Name Wetland Area'A' (WAA) Date 6/1/2021 Wetland Type Headwater Forest Assessor Name/Organization DCC - H&H Notes on Field Assessment Form (Y/N) YES Presence of regulatory considerations (Y/N) YES Wetland is intensively managed (Y/N) NO Assessment area is located within 50 feet of a natural tributary or other open water (Y/N) NO Assessment area is substantially altered by beaver (Y/N) NO Assessment area experiences overbank flooding during normal rainfall conditions (Y/N) NO Assessment area is on a coastal island (Y/N) NO Sub -function Rating Summary Function Sub -function Metrics Rating Hydrology Surface Storage and Retention Condition LOW Sub -Surface Storage and Retention Condition LOW Water Quality Pathogen Change Condition LOW Condition/Opportunity LOW Opportunity Presence? (Y/N) NO Particulate Change Condition LOW Condition/Opportunity NA Opportunity Presence? (Y/N) NA Soluble Change Condition LOW Condition/Opportunity LOW Opportunity Presence? (Y/N) NO Physical Change Condition LOW Condition/Opportunity LOW Opportunity Presence? (Y/N) NO Pollution Change Condition NA Condition/Opportunity NA Opportunity Presence? (Y/N) NA Habitat Physical Structure Condition MEDIUM Landscape Patch Structure Condition LOW Vegetation Composition Condition MEDIUM Function Rating Summary Function Metrics/Notes Rating Hydrology Condition LOW Water Quality Condition LOW Condition/Opportunity LOW Opportunity Presence? (Y/N) NO Habitat Condition LOW Overall Wetland Rating LOW