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HomeMy WebLinkAbout20220528 Ver 1_ePCN Application_20220404fr.,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* 20220528 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: Williams Road / Trinitas Subdivision la. Who is the Primary Contact?* Tyler Mundy / Mundy Real Estate LLC 1 b. Primary Contact Email: * mundyrealestatellc@gmail.com Date Submitted 4/4/2022 Nearest Body of Water Irvins Creek Basin Catawba Water Classification C (McAlpine Creek 11-137-9) Site Coordinates Latitude: 35.14488 A. Processing Information County (or Counties) where the project is located: Mecklenburg Is this a NCDMS Project Yes No Longitude: -80.70335 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:* (980)771-9200 u 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: Tyler Mundy / Mundy Real Estate LLC 2b. Deed book and page no.: PID 19344169: 34837-69 PID 19344159: 35452-217 2c. Contact Person: Tyler Mundy 2d.Address Street Address 11011 Atrium Way Address Line 2 City Matthews Postal / Zip Code 28105 2e. Telephone Number: (980)771-9200 2g. Email Address: mundyrealestatellc@gmail.com 401 Water Quality Certification - Express Riparian Buffer Authorization State / Province / Region NC Country U.S.A. 2f. Fax Number: Yes No Yes No U 4. Agent/Consultant (if applicable) 4a. Name: D. David Homans 4b. Business Name: S&ME Inc. 4c.Address Street Address 9751 Southern Pine Blvd. Address Line 2 City State / Province / Region Charlotte NC Postal / Zip Code Country 28273 U.S.A. 4d. Telephone Number: 4e. Fax Number: (704)900-9394 4f. Email Address:" dhomans@smeinc.com C. Project Information and Prior Project History 1. Project Information 1 b. Subdivision name: (if appropriate) Trinitas 1c. Nearest municipality / town: Matthews 2. Project Identification 2a. Property Identification Number: 2b. Property size: 19344159 & 19344169 5.03 2c. Project Address Street Address 2914 Williams Road Address Line 2 City State / Province / Region Matthews NC Postal / Zip Code Country 28105 U.S.A. 3. Surface Waters 3a. Name of the nearest body of water to proposed project: Irvins Creek 3b. Water Resources Classification of nearest receiving water:* C (McAlpine Creek 11-137-9) 3c. What river basin(s) is your project located in?* Catawba 3d. Please provide the 12-digit HUC in which the project is located. 030501030104 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:* See Figure 3. The project is currently entirely wooded with the exception of a new sanitary sewer right-of-way which was constructed in early 2020. The project is abutted on the east, south and southwest by existing residential subdivisions. A single-family home site borders the project on the northwest side. The general area vicinity is dominated by single family residential communities and subdivisions. 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: 0.31 4g. List the total estimated linear feet of all existing streams on the property: 531 4h. Explain the purpose of the proposed project: * The overall purpose of the project it to provide necessary residential infill development in the rapidly growing suburban Charlotte metro area. In order to provide an economically viable number of housing lots, a small area of grading and wetland fill is required at the rear of lots 6 and 7 to accommodate an adequate building footprint and functional rear yard space. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * The proposed project will involve the construction of a single new road terminating in a cul-de-sac and the appropriate site leveling and grading for the development seven new home lots. In addition to road construction and site grading, the proposed project will include the appropriate stormwater and sanitary sewer infrastructure, as well as open space conservation areas. As currently designed, the project will involve 2.80 acres of site grading, as well as some temporary ground disturbance for installation of stormwater outfall piping. As the project is an infill project tying into existing city infrastructure, little to no indirect impacts are anticipated. Construction equipment will be typical clearing, grading, and paving equipment. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* Yes No Unknown Comments: PJDs are included in Appendix III 5b. If the Corps made a jurisdictional determination, what type of determination was made?* Preliminary Approved Not Verified Unknown N/A Corps AID Number: SAW-2020-02017, SAW-2021-00572 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Suzanne Knudsen Agency/Consultant Company: S&ME, Inc. Other: 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR A Preliminary Jurisdictional Determination (PJD), SAW-2020-02017, was issued for the delineation on the on the southeastern portion of the project area (Parcel ID 19344159) on December 29, 2020 and a separate PJD, SAW-2021-00572, was issued for the northwestern portion of the project area (Parcel ID 19344169) on March 18, 2021 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? The project is a single complete development with a single road terminating in a cul-de-sac. No additional phases or project impacts are proposed. 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 �77 2a1 Reason (?) fill for site grading 2b. Impact type* (?) P 2c. Type of W. Headwater Forest 2d. W. name* Wetland WC 2e. Forested* No 2f. Type of Jurisdicition* Both 29• Impact area 0.140 acres) L storm sewer pipe nstallation T Headwater Forest Wetland WC No Both 0.100 (acres) 2g. Total Temporary Wetland Impact 0.100 2g. Total Wetland Impact 0.240 2i. Comments: See attached cover letter for further discussion of impacts E. Impact Justification and Mitigation 2g. Total Permanent Wetland Impact 0.140 1. Avoidance and Minimization la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: The project was substantially redesigned during the development process in order avoid impacts to potentially jurisdictional waters. Initial design plans involved crossing of Stream S1 and Wetland WC, as well as storm drainage impacts to Wetland A and Stream 2. In order to avoid and minimize these impacts to jurisdictional waters, the project was substantially scaled back, two lots were removed from the proposed development plans, and grading impacts were limited to just the areas within a low quality wetland (Wetland WC) where minimal grading was unavoidable. Repositioning lots 6 and 7 or eliminating grading on these lots was ruled out as it would not have allowed the appropriate grade approach for the road or it would have required that stormwater management measures be repositioned into areas where they could have potentially encroached on wetlands, which is not permitted in accordance with regional conditions on NWP 29. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: During construction, appropriate sediment and erosion control practices equaling those outlined in the most recent version of the "North Carolina Sediment and Erosion Control Planning and Design Manual" will be used to minimize impacts to the streams and adjacent wetlands. Additionally, stormwater outlets have been designed to outfall above the ordinary high-water mark of Stream S1 so as to not result in impacts to this channel. 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: (kn feet) 0 4d. Buffer mitigation requested (DWR only): (square feet) 0 4f. Non -riparian wetland mitigation requested 4h. Comments Mitigation proposed at a 1.5:1 ratio as the wetland impact is considered low quality by NC WAM metrics. See attached cover letter for further discussion. 4c. If using stream mitigation, what is the stream temperature: 4e. Riparian wetland mitigation requested: (acres) 0.21 4g. Coastal (tidal) wetland mitigation requested: (acres) 6. Buffer mitigation (State Regulated Riparian Buffer Rules) - required by DWR 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? If yes, you must fill out this entire form - please contact DWR for more information. Yes No F. Stormwater Management and Diffuse Flow Plan (required by DWR) 1. Diffuse Flow Plan la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? Yes No If no, explain why: Project is not located in a buffered watershed where diffuse flow plans are required. 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 Comments: Stormwater has been permitted through Mecklenburg County on behalf of the Town of Matthews. The project is a low density development and therefore only has quantity control and no water quality is required. Stormwater design plans and reports are available upon request. 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 project is a single complete development with a single cul-de-sac road and no potential for phased expansion; the project is surrounded on all sides by fully built -out residential development; as such the project cannot result in additional development. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* Yes No N/A 4b. Describe, in detail, the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated at a treatment plant, list the capacity available at that plant. Sanitary main line extensions will be permitted through Charlotte Water as a donated project, with treatment occurring at the McAlpine Creek WWTP. This is the largest wastewater treatment facility in the region, with ample capacity. 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 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? NC Natural Heritage Program Data Explorer / field review. See Section 6.0 of attached cover letter and Appendix V for full discussion. 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? NOAA Essential Fish Habitat Mapper: https://www.habitat.noaa.gov/apps/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?* NC Historic Preservation Office HPOWEB 2.0. See Section 6.0 of attached cover letter and Appendix VI 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplairi Yes No 8c. What source(s) did you use to make the floodplain determination?* Current FEMA National Flood Hazard Data Layer (NFHL) data for Mecklenburg County (see Figure 2) 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 TrinitasPCNCoverLetterFinal.pdf 11.06MB File must be PDF or KMZ Comments Please see attached cover letter for further 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: D. David Homans Signature Date 4/4/2022 U -;c- - _.70 Nationwide Permit 29 Williams Road / Trinitas Development Matthews, Mecklenburg County, North Carolina S&ME Project No. 214883 -a a April 1, 2022 U.S. Army Corps of Engineers Asheville Regulatory Field Office 151 Patton Avenue, Room 208 Asheville, North Carolina 28801 Attention: Steve Kichefski North Carolina Department of Environmental Quality Mooresville Regional Office 610 East Center Avenue, Suite 301 Mooresville, North Carolina 28115 Attention: Alan Johnson / Doug Perez Reference: Pre -Construction Notification Nationwide Permit 29 Williams Road Trinitas Development Matthews, Mecklenburg County, North Carolina S&ME Project No. 214883 Dear Sirs: On behalf of Mundy Real Estate, LLC (Mundy), S&ME, Inc. (S&ME) is pleased to submit this application for Department of the Army verification of impacts to Waters of the U.S. in accordance with Nationwide Permit (NWP) 29 and an Individual 401 Water Quality Certification (WQC). Mundy will be considered the applicant, and S&ME will act as an authorized agent and signatory on the electronic Pre -Construction Notification (PCN) for this project. In accordance with electronic PCN requirements, we are submitting the accompanying supporting materials pursuant to issuance of the aforementioned NWP/WQC authorization. This PCN is for authorization of impacts to jurisdictional waters for a small residential development project. In addition to the brief project summary provided herein, please find the following enclosed: Project Figures Appendix I: Site Grading Plans Appendix II: Site Photographs Appendix III: Copies of Existing Preliminary Jurisdictional Determinations Appendix IV: North Carolina Wetland Assessment Methodology (WAM) Form for Wetland WC Appendix V: Protected Species Documentation Appendix VI: Cultural Resources Documentation S&ME, Inc. 1 134 Suber Road I Columbia, SC 29210 1 p 803.561.9024 1 www.smeinc.com Pre -Construction Notification Nationwide Permit 29 Williams Road Trinitas Development I Matthews, Mecklenburg County, North Carolina S&ME Project No. 214883 By copy of this correspondence and completed PCN, we are requesting your written concurrence and verification with this electronic PCN. If you need additional information or have questions, please contact Dave Homans at 704-900-9394 or dhomans@smeinc.com. Sincerely, 5&ME, Inc. D. David Homans Project Scientist dhomans@smeinc.com Chris Daves, P.W.S. Senior Scientist cdaves@smeinc.com (Documents reviewed and approved by Tyler Mundy of Mundy Real Estate, LLC) April 1, 2022 Pre -Construction Notification Nationwide Permit 29 Williams Road Trinitas Development Matthews, Mecklenburg County, North Carolina S&ME Project No. 214883 111 E Table of Contents 1.0 Project Information and Description............................................................................1 2.0 Purpose and Need.............................................................................................................1 3.0 Existing Jurisdictional Waters / Site Conditions........................................................1 4.0 Proposed Impacts to Jurisdictional Waters..................................................................2 5.0 Avoidance and Minimization / Mitigation..................................................................3 6.0 Protected Species and Historical and Cultural Resources........................................3 7.0 Floodplains.........................................................................................................................4 8.0 Additional Regulatory Considerations........................................................................4 List of Tables Table 4-1 Jurisdictional Impacts Summary............................................................................................. 2 Figures Appendices Appendix I - Project Grading Plans Appendix II - Site Photographs Appendix III - Copies of Existing Preliminary Jurisdictional Determinations Appendix IV - North Carolina Wetland Assessment Methodology (WAM) Form for Wetland WC Appendix V - Protected Species Documentation Appendix VI - Cultural Resources Documentation April 1, 2022 iii Pre -Construction Notification Nationwide Permit 29 Williams Road Trinitas Development Matthews, Mecklenburg County, North Carolina S&ME Project No. 214883 111 E 1.0 Project Information and Description The proposed project is a new single-phase, single-family home residential development located off Williams Road, in Matthews, Mecklenburg County, North Carolina. The project area encompasses two Mecklenburg County Parcels (PID 19344159 and 19344199) totaling approximately 5.03 acres. The proposed project will involve the construction of a single new road terminating in a cul-de-sac and the appropriate site leveling and grading for the development seven new home lots. In addition to road construction and site grading, the proposed project will include the appropriate stormwater and sanitary sewer infrastructure, as well as open space conservation areas. As currently designed, the project will involve 2.80 acres of site grading, as well as some temporary ground disturbance for installation of stormwater outfall piping. The proposed project requires 0.14 acre of permanent fill to one low -quality wetland located on site as well as 0.1 acre of temporary impact to the same wetland for storm sewer line installation. Additional information regarding this project is contained in the body of the electronic PCN application. Refer to Figure 1 (Vicinity Map), Figure 2 (Topographic Map/ FEMA Flood Zone Mapping), Figure 3 (Existing Site Conditions), and Figure 4 (Proposed Jurisdictional Impacts) as well as Appendix I (Project Grading Plan) and Appendix II (Site Photographs) for additional site and project design information. 2.0 Purpose and Need The overall purpose of the project it to provide necessary residential infill development in the rapidly growing suburban Charlotte metro area. In order to provide an economically viable number of housing lots, a small area of grading and wetland fill is required at the rear of lots 6 and 7 to accommodate an adequate building footprint and functional rear yard space. 3.0 Existing Jurisdictional Waters / Site Conditions The project site was delineated by was delineated by Suzanne Knudsen and D. David Homans of S&ME in October 2020 and February of 2021. A Preliminary Jurisdictional Determination (PJD), SAW-2020-02017, was issued for the delineation on the on the southeastern portion of the project area (Parcel ID 19344159) on December 29, 2020 and a separate PJD, SAW-2021-00572, was issued for the northwestern portion of the project area (Parcel ID 19344169) on March 18, 2021. As outlined in these PJDs, the following Potentially Jurisdictional Waters were identified on site: • Stream S1: Approximately 216 LF of perennial potential non -wetland water, tributary to Irvins Creek. • Stream S2: Approximately 136 LF of intermittent potential non -wetland water, tributary to Stream S2. • Stream S3: Approximately 179 LF of intermittent potential non -wetland water, tributary to Stream S2. • Wetland WA: Approximately 0.01 acre of potential headwater wetland, abutting stream S1. April 1, 2022 Pre -Construction Notification Nationwide Permit 29 Williams Road Trinitas Development Matthews, Mecklenburg County, North Carolina S&ME Project No. 214883 111 E • Wetland WB: Approximately 0.02 acre of potential headwater wetland, abutting Stream S2. • Wetland WC: Approximately 0.28 acre of potential headwater wetland, abutting Stream S3. Please see Figure 3 for the location of these jurisdictional features, as well as Appendix III for copies of the aforementioned Preliminary Jurisdictional Determinations. As impacts are proposed to Wetland WA, this feature was assessed for it functional quality using the North Carolina Wetland Assessment Method (WAM). As the wetland had recently been heavily disturbed by recent sanitary sewer construction, WAM determined that it would be considered a low -quality feature (See WAM Form, Appendix IV). The remainder of the project area is wooded and is bordered on the east, south and southwest sides by existing residential subdivisions. A single-family home site borders the project on the northwest side. As stated previously, a new sanitary sewer right of way cuts across the property; though exact construction information for this sewer line could not be identified, field visits along with Mecklenburg County aerial photographs indicate that it was installed sometime between February and September of 2020. 4.0 Proposed Impacts to Jurisdictional Waters The proposed project will require permanent and temporary impacts to Wetland WC. Project impacts are shown on Figure 4 and in the attached Project Grading Plans in Appendix I. Refer to Table 4-1 below for a summary of wetland impacts. The following impacts to jurisdictional waters are proposed: Table 4-1 Jurisdictional Impacts Summary The storm drainage pipe associated with impact 2 will outfall into Stream 1. This outfall has been designed to be installed above the ordinary high-water mark of this channel, with no additional installation of riprap within the channel. As such, this outfall should not be considered an impact to jurisdictional waters. April 1, 2022 Pre -Construction Notification Nationwide Permit 29 Williams Road Trinitas Development Matthews, Mecklenburg County, North Carolina S&ME Project No. 214883 111 E 5.0 Avoidance and Minimization / Mitigation The project was substantially redesigned during the development process to avoid impacts to potentially jurisdictional waters. Initial design plans involved crossing of Stream S1 and Wetland WC, as well as storm drainage impacts to Wetland WA and Stream 2. To avoid and minimize these impacts to jurisdictional waters, the project was substantially scaled back, two lots were removed from the proposed development plans, and grading impacts were limited tojust the areas within a low -quality wetland (Wetland WC) where minimal grading was unavoidable. Repositioning lots 6 and 7 or eliminating grading on these lots was ruled out as it would not have allowed the appropriate grade approach for the road or it would have required that stormwater management measures be repositioned into areas where they could have potentially encroached on wetlands, which is not permitted in accordance with regional conditions on NWP 29. During construction, appropriate sediment and erosion control practices equaling those outlined in the most recent version of the "North Carolina Sediment and Erosion Control Planning and Design Manual" will be used to minimize impacts to the streams and adjacent wetlands. Additionally, stormwater outlets have been designed to outfall above the ordinary high-water mark of Stream S1 so as to not result in impacts to this channel. As the project does result in 0.14 acre of unavoidable permanent impacts to jurisdictional wetlands, mitigation for these losses is proposed through payment into the North Carolina Division of Mitigation Services' (DMS) in -lieu fee program, as there are no known wetland mitigation banks able to offer credits for the project watershed. In previous discussions with Bryan Roden -Reynolds of the USACE, it was determined that a mitigation of 1.5:1 is typically considered appropriate when the impacted wetlands are shown to be low quality by the NC WAM. As Wetland WC has been determined to be a low -quality wetland, purchase of credits from DMS for 0.21 acre of wetland is proposed for the mitigation of 0.14 acre of permanent wetland losses. 6.0 Protected Species and Historical and Cultural Resources To comply with applicable sections of the Endangered Species Act of 1973 (16 USC 1531-1543, S&ME performed a North Carolina Natural Heritage Program (NCNHP) Database review to identify are species, important natural communities, natural areas, and/or conservation/managed areas within the proposed project within a mile radius of the project boundary. Additionally, the U.S. Fish and Wildlife Service (USFWS) IPaC (Information for Planning and Consultation) online service was used to generate a list of federally protected threatened or endangered species which may be present in the project area (See Appendix V). The NCNHP review indicated that no known federally protected species were present within a one -mile radius of the project. The USFWS IPaC review identified the following federally protected species that may be in the project area: Northern long-eared bat - Myotis septentriona(is (Threatened) Carolina heelsplitter - Losmigono decorato (Endangered) Michaux's sumac — Rhus michouxii (Endangered) Smooth coneflower — Echinacea (aevigato (Endangered) Schweinitz's sunflower - He(ionthus schweinitzii (Endangered) April 1, 2022 Pre -Construction Notification Nationwide Permit 29 Williams Road Trinitas Development Matthews, Mecklenburg County, North Carolina S&ME Project No. 214883 -a Based on standard USFWS guidance provided through IPaC, it was determined that the project may affect northern long-eared bat as it does involve tree clearing which impacts potential bat feeding habitat. Regardless, incidental take of this species that may occur as a result of limited clearing of the project is not prohibited under the ESA Section 4(d) rule adopted for this species as the project is not located in the vicinity of any known roost or maternity trees. No known populations of Carolina heelsplitter exist within the McAlpine Creek or Irvins Creek watershed, and the highly degraded and modified nature of the project channel do not present adequate habitat for this species; therefore, this project will have no effect on this species. Typical habitat for the three plant species listed is substantially different from the fully wooded areas that made up the majority of the project area. Though utility rights -of -way (ROWS) are typical habitat for these species, the sanitary sewer right-of-way present on the project site was newly created out of forest habitat in the early part of 2020. As such, this area functions more as a recently restored construction site habitat rather than the regularly maintained utility corridor habitat that is appropriate for these species and thus this project will have no effect on these species. Furthermore, the sewer ROW as well as the remainder of the project site was reviewed for Schweinitz's sunflower by S&ME biologists in late September of 2020, during its flowering season. No yellow - flowering aster species were observed within the new sewer ROW, or elsewhere on the property, with the exception of devil's beggarticks (Bidens frondoso) which was observed along the southernmost boundary of the project site. In order to determine consistency with the Section 106 of the National Historic Preservation Act, a 0.5-mile radius around the project site was reviewed for known historic properties using the NC State Historic Preservation Office (NC SHPO) HPOWEB online mapping tool (See Appendix VI). Results indicated that no properties listed on the National Register of Historic Places (NRHP) or determined eligible or on the study list for this registry were located within this radius. Furthermore, the entire site is located within a rapidly developing suburban residential area with no currently known significant archeological resources; as such it is unlikely to present a significant threat to archaeological resources. 7.0 Floodplains According to current Federal Emergency Management Agency's National Flood Hazard Layer, no regulated floodplains exist within the project area or in the immediate vicinity of the project area (See Figure 2). As such the proposed project is in full compliance with all FEMA flood zone regulations and restrictions. 8.0 Additional Regulatory Considerations The proposed project has been designed to meet all general and regional conditions of NWP 29. The project is located outside of areas with statewide regulated riparian buffers. Sanitary sewer service for the project area will be provided by Charlotte Water and treatment will occur at the McAlpine Creek Waste Water Treatment Plant- the largest treatment plant in the region, which has ample capacity for additional sewage treatment. Stormwater designs for the project are currently permitted through Mecklenburg County on behalf of the Town of Matthews. The project is considered a low -density development and therefore only have quantity control and water quality April 1, 2022 4 Pre -Construction Notification Nationwide Permit 29 Williams Road Trinitas Development Matthews, Mecklenburg County, North Carolina S&ME Project No. 214883 -a control is not required. Stormwater control measures have been located outside of wetland areas and no discharges directly associated with stormwater management facilities are proposed. April 1, 2022 Project Figures: Figure 1 — Vicinity Map Figure 2 — USGS Topographic Map / FEMA Flood Zone Mapping Figure 3 — Existing Site Conditions Figure 4 — Proposed Jurisdictional Impacts n r _ J{ - - ✓J. V �t RIE I O 0 o o - N ~'i F z ell � p c ! •\ -��< m _ N p® N 0 2,000 4,000 (FEET) PROJECT AREA z REFERENCE: USGS USA TOPO STREAMING DATASET FEMA FLOOD ZONES: GIS BASE LAYERS WERE OBTAINED FROM USGS NATIONAL MAP. FEMA NATIONAL FLOOD HAZARD s LAYER (NFHL) MAPPING WAS OBTAINED FROM THE FEMA MAP SERVICE CENTER AND IS DATED 100-YEAR FLOOD ZONE a 4/6/21. THIS MAP IS FOR INFORMATIONAL PURPOSESONLY. ALL FEATURE LOCATIONS DISPLAYED ARE APPROXIMATED. THEY ARE NOT BASED ON CIVIL SURVEY INFORMATION, UNLESS STATED FLOODWAY OTHERWISE. 0 USGS TOPOGRAPHIC MAP/ SCALE: FIGURE NO. 1 " = 2,000 ' FEMA FLOOD ZONE MAPPING DATE: I I WILLIAMS ROAD / TRINITAS SUBDIVISION 3-29-22 2 WILLIAMS ROAD PROJECT NUMBER MATTHEWS, MECKLENBURG COUNTY, NORTH CAROLINA 214883 NOTE: WETLAND AND STREAM FEATURES ARE BASED OFF OF PRELIMINARY 11 Yp V N JURISDICTIONAL DETERMINATIONS FOR PARCEL 19344159 DATED £ • ti s ,'S°,I 12/29/2020 (SAW 2020-02017) AND PARCEL 19344169 DATED 3/18/2021 fir= (SAW 2021-00572). BOUNDARIES AS DEPICTED WITHIN THE PROPOSED IMPACT AREA HAVE BEEN SURVEYED BY A REGISTERED LAND SURVEYOR; ?• �3g qS , r ` THE REMAINING BOUNDARIES WERE BASED ON DATA FROM GPS 4RO v EQUIPMENT CAPABLE OF SUB -METER ACCURACY. Xira � r•„ N Stream S3.44 179 LF in the Project Area "I y ` 4 Ym- "` wtist. 0 TIMM Wetland WC E �, �� `�` ! �0.z8 Acres is the Project Area .N f Y IF ` rye imam OF L•lJ 44 4. f, I 3 01, Sanitary sewer right-of-way Stream 51 (sewer installed in early 2020) E—z16LFinthe Project Area Sri Stream S2 Wetland WA ` * •_" ^' Q 0 136 LF in the Project Area —0.01 Acres is the Project Area rr. Wetland WB —0.02 Acres is the Project Area h limam J Iffloom PROJECT AREA SANITARY SEWER RIGHT-OF-WAY 0 100 zoo ��' ®WETLANDS o (FEET) e' - STREAM (INTERMITTENT) REFERENCE: 2022 AERIAL PHOTOGRAPH STREAM (PERENNIAL) s GIS BASE LAYERS WERE OBTAINED FROM MECKLENBURG COUNTY 3 a AND NEARMAP/DURHAMCOUNTY. ALL FEATURE LOCATIONS w PHOTO LOCATIONS (SEE APPX. II) DISPLAYED ARE APPROXIMATED. THEY ARE NOT BASED ON CIVIL SURVEY INFORMATION, UNLESS STATED OTHERWISE. $ 0 SCALE: FIGURE NO. EXISTING SITE CONDITIONS 1 " = 100 ' DATE: III E WILLIAMS ROAD / TRINITAS SUBDIVISION 3-31-22 3 WILLIAMS ROAD PROJECT NUMBER MATTHEWS, MECKLENBURG COUNTY, NORTH CAROLINA 214883 VNIlO'dV7 Hl'dON AlNnO7 92in9N31)173w 'SM3H11Vw VO'd I I I OSVII Idi / GV NOISInlaans svllwal / avoa swvnllM I I I S. waxi ivNoI.LJIOSRIfif aasOdOud � r- 3 R � oso� oooio +okk�<poi ! oos��o eoo!! . NOR/llb�� 1 jjj !�!e000ioioi� ��Io¢ol0000000�oo �'O000� lkOklO o¢o¢o¢!, - �Iok0000000000 �!!k!¢�`kJkk�lkkl.!!kbls� ♦!kk♦ �v u U a ro N Z U U U C7 p p ~ Z O J Z < � a � H w Z w a p Z n Z Wa Q O a O J w a O 2 a w w w O w Appendix I -Project Grading Plans NV'Id `JNIQVHD NOISIARM SVJINRLL o WVJJ IN-S3AO11-3IIS A N o a aN3� 3w sM H SIJOISI— a $ _ bw o oo� l ►�AA�°AA�A�A�°� AAA°°°i°i ►A°A0°A°A°AO° Oi°A°Oi ►A°�°OA°000 O�°�°i°i ►A°A°A°°°AA°A°A °A°A°A°� � AA A°AA•�A°AQAAAAA°AAAAA®Aj °A°OA°OA°OA°A°� .i �•j°j°AAj°A°.AO �w•AAA°A.°A Appendix II — Site Photographs Williams Road / Trinitas Development Matthews, Mecklenburg County, North Carolina S&ME Project No. 214883 O N O N O r — Xt C �Vj 1 S� hK,�r,��r�O ��,y�'�,K� -���rr-sy,t7r��--}� ✓��{�+2'��P � I .,' �� -� Ol {��-,er� 1 View of Wetland WA within the sanitary sewer easement, looking northwest towards the proposed impact areas. r. T 0 N O N O .' W ' ` r _ � r Y�� � � i;• � ► yy .� O 2 View of Wetland WA looking southeast towards the area with proposed wetland fill. Williams Road / Trinitas Development Matthews, Mecklenburg County, North Carolina S&ME Project No. 214883 XV s. 'i4 - w- 70 a' r r Appendix III — Copies of Existing Preliminary Jurisdictional Determinations U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2020-02017 County: Mecklenburg U.S.G.S. Quad: NC- Mint Hill NOTIFICATION OF JURISDICTIONAL DETERNIINATION Requestor: Mundy Real Estate, LLC Tyler Mundy Address: 11011 Atrium Way Matthews, NC 28105 Telephone Number: 980-771-9200 E-mail: tvler(&clockworkcarolinas.com Size (acres) 3.97 Nearest Town Matthews Nearest Waterway Irvins Creek River Basin Santee USGS HUC 03050103 Coordinates Latitude: 35.145457 Longitude:-80.702388 Location description: The review area is located on the south side of Williams Road; approximately 0.2 miles southeast of the intersection of Williams Road and Windsor Chase Drive. PIN: 193-441-59. Reference review area description shown in Jurisdictional Determination Request package entitled "Figure 1, Vicinity Mad' and Dated 09/08/20. Indicate Which of the Following Apply: A. Preliminary Determination ® There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The waters, including wetlands have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. The approximate boundaries of these waters are shown on the enclosed delineation map dated 11/8/2020. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. ❑ There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the waters, including wetlands have not been properly delineated, this preliminary jurisdiction determination may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an effective presumption of CWA/RHA jurisdiction over all of the waters, including wetlands at the project area, which is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters, including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. B. Approved Determination ❑ There are Navigable Waters of the United States within the above described project area/property subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ There are waters, including wetlandson the above described project area/property subject to the permit requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ We recommend you have the waters, including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. ❑ The waters, including wetlands on your project area/property have been delineated and the delineation has been verified by the Corps. The approximate boundaries of these waters are shown on the enclosed delineation map dated DATE. We strongly SAW-2020-02017 suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. ❑ The waters, including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below onDATE. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ There are no waters of the U.S., to include wetlands, present on the above described project area/property which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in Morehead City, NC, at (252) 808-2808 to determine their requirements. Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or placement of structures, or work within navigable waters of the United States without a Department of the Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Bryan Roden -Reynolds at 704-510-1440 or brvan.roden-reynolds(&u sace.army.mil. C. Basis For Determination: Basis For Determination: See the preliminary jurisdictional determination form dated 12/29/2020. D. Remarks: None. E. Attention USDA Program Participants This delineation/determmation has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Phillip Shannin, Review Officer 60 Forsyth Street SW, Room 10M15 Atlanta, Georgia 30303-8801 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by Not applicable. **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.** RODEN Digitally signed by RODEN - REY BRYAN.KEN263385574 Corps Regulatory ryOficial: REYNOLDS.BRYAN.KENNETH.1263385574 Date, 2020.]2 29-08;52:50 -05'00' Date of JD: 12/29/2020 Expiration Date of JD: Not applicable SAW-2020-02017 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: Property Owner: N/A Zane and Brvte Williams Address: 2900 Williams Road Matthews, NC 28105 Telephone Number: 980-253-9556 E-mail: 0enc13017(&j!mail.com Agent: S&ME, Inc. Suzanne Knudsen Address: 9751 Southern Pine Boulevard Charlotte, NC 28273 Telephone Number: 704-523-4726 E-mail: sknudsen(a)smeinc.com NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: Mundy Real Estate LLC, Tyler Mundv File Number: SAW-2020-02017 Date: 12/29/2020 Attached is: See Section below INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A PROFFERED PERMIT (Standard Permit or Letter of permission) B PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D ❑X PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at or http://www.usace.army.miUMissions/CivilWorks/ReaulatoryProgramandPenuits.asi) OZI& Corps regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision and/or the If you only have questions regarding the appeal process you may appeal process you may contact: also contact: District Engineer, Wilmington Regulatory Division Mr. Phillip Shannin, Administrative Appeal Review Officer Attn: Bryan Roden -Reynolds CESAD-PDO Charlotte Regulatory Office U.S. Army Corps of Engineers, South Atlantic Division U.S Army Corps of Engineers 60 Forsyth Street, Room 1 OM15 8430 University Executive Park Drive, Suite 615 Atlanta, Georgia 30303-8801 Charlotte, North Carolina 28262 Phone: (404) 562-5137 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15-day notice of any site investigation, and will have the opportum to participate in all site investi ations. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: Bryan Roden -Reynolds, 69 Darlington Avenue, Wilmington, North Carolina 28403 For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Phillip Shannin, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: 12/30/2020 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Mundy Real Estate, LLC, Tyler Mundy, 11011 Atrium Way, Matthews, NC 28105 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Williams Road, SAW-2020- 02017 D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The review area is located on the south side of Williams Road; approximately 0.2 miles southeast of the intersection of Williams Road and Windsor Chase Drive. PIN: 193-441-59. Reference review area description shown in Jurisdictional Determination Request package entitled "Figure 1, Vicinity Map" and Dated 09/08/20. (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: NC County: Mecklenburg City: Matthews Center coordinates of site (lat/long in degree decimal format): Latitude: 35.145457 Longitude:-80.702388 Universal Transverse Mercator: Name of nearest waterbody: Irvins Creek E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ®Office (Desk) Determination. Date: 11/17/20 El Field Determination. Date(s): TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION Feature Latitude Longitude Estimated Type of Geographic authority (decimal (decimal amount of aquatic to which the aquatic degrees) degrees) aquatic resources (i.e., resource "may be" resources in wetland vs. subject (i.e., Section review area non -wetland 404 or Section 10/404) (acreage and waters) linear feet, if applicable Stream S1 35.144432 -80.702813 180 linear feet Non -wetland 404 Stream S2 35.14452 -80.703517 136 linear feet Non -wetland 404 Wetland WA 35.144328 -80.703279 0.01 acre Wetland 404 Wetland WB 35.144278 -80.703318 0.02 acre Wetland 404 Wetland WC 35.144785 -80.703396 0.13 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 AID for the activity, the permit applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit authorization based on a PJD, which does not make an official determination of jurisdictional aquatic resources; (2) the applicant has the option to request an 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 AID or a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it becomes appropriate to make an official determination whether geographic jurisdiction exists over aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic resources in the review area, the Corps will provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that there "may be" waters of the U.S. and/or that there "may be" navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the review area that could be affected by the proposed activity, based on the following information: SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items are included in the administrative record and are appropriately cited: ® Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Map: Figures 1-4 ® 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 naive: Figure 2, USGS Topographic Map (7.5-minute quadrangle Mint Hill, NC) ®Natural Resources Conservation Service Soil Survey. Citation: Figure 4, USDA Soil Survey (Web Soil Survey of Mecklenburg County) ❑ National wetlands inventory map(s). Cite name: ❑ State/local wetland inventory map(s): ❑ FEMA/FIRM maps: ❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929) ® Photographs: ® Aerial (Name & Date): Figure 1, Vicinity Man (Dated 09/08/20) and Figure 3, Approximate Waters of U.S. Man (Dated 11/08/20) or ® Other (Name & Date): Photographs 1-5 (Dated 10/06/20) ❑ Previous determination(s). File no. and date of response letter: ® Other information (please specify): NCDWQ Stream Identification Forms, Version 4.11 (Dated 10/05/20) 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. RODEN Digitally signed by RODEN REYNOLDS.BRYAN.KENNETH.12633 REYNOLDS.BRYAN.KENNETH.1263385574 85574 Date: 2020.12.29 08:52:29-05'00' Signature and date of Regulatory staff member completing PJD 12/29/2020 Signature and date of person requesting PJD (REQUIRED, unless obtaining the signature is impracticable)1 1 Districts may establish timeframes for requester to return signed PJD forms. If the requester does not respond within the established time frame, the district may presume concurrence and no additional follow up is necessary prior to fmalizing an action. U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2021-00572 County: Mecklenburg U.S.G.S. Quad: NC- Mint Hill NOTIFICATION OF JURISDICTIONAL DETERNIINATION Requestor: Mundy Real Estate, LLC Tyler Mundy Address: 11011 Atrium Way Matthews, NC 28105 Telephone Number: 980-771-9200 E-mail: tvler(&clockworkcarolinas.com Size (acres) =1 Nearest Town Matthews Nearest Waterway Irvins Creek River Basin Santee USGS HUC 03050103 Coordinates Latitude: 35.145097 Longitude:-80.703721 Location description: The review area is located on the south side of Williams Road; approximately 0.6 miles south of the intersection of Williams Road and Sam Newell Road. PIN: 193-44-169. Reference review area description shown in Jurisdictional Determination Request package entitled "Figure 1, Vicinity Mad' and dated 03/09/21. Indicate Which of the Following Apply: A. Preliminary Determination ® There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The waters, including wetlands have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. The approximate boundaries of these waters are shown on the enclosed delineation map dated 3/9/2021. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. ❑ There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the waters, including wetlands have not been properly delineated, this preliminary jurisdiction determination may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an effective presumption of CWA/RHA jurisdiction over all of the waters, including wetlands at the project area, which is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters, including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. B. Approved Determination ❑ There are Navigable Waters of the United States within the above described project area/property subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ There are waters, including wetlandson the above described project area/property subject to the permit requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ We recommend you have the waters, including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. ❑ The waters, including wetlands on your project area/property have been delineated and the delineation has been verified by the Corps. The approximate boundaries of these waters are shown on the enclosed delineation map dated DATE. We strongly SAW-2021-00572 suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. ❑ The waters, including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below onDATE. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ There are no waters of the U.S., to include wetlands, present on the above described project area/property which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in Morehead City, NC, at (252) 808-2808 to determine their requirements. Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or placement of structures, or work within navigable waters of the United States without a Department of the Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Bryan Roden -Reynolds at 704-510-1440 or brvan.roden-reynolds(&u sace.army.mil. C. Basis For Determination: Basis For Determination: See the preliminary jurisdictional determination form dated 03/18/2021. D. Remarks: None. E. Attention USDA Program Participants This delineation/determmation has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Phillip Shannin, Review Officer 60 Forsyth Street SW, Room 10M15 Atlanta, Georgia 30303-8801 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by Not applicable. **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.** Bryan Roden -Reynolds Corps Regulatory Official: 2021.03.1814:59:18-04'00' Date of JD: 03/18/2021 Expiration Date of JD: Not applicable SAW-2021-00572 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: S&ME, Inc. Suzanne Knudsen Address: 9751 Southern Pine Boulevard Charlotte, NC 28273 Telephone Number: 704-231-3800 E-mail: sknudsen(&smeinc.com NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: Mundy Real Estate LLC, Tyler Mundv File Number: SAW-2021-00572 Date: 03/18/2021 Attached is: See Section below INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A PROFFERED PERMIT (Standard Permit or Letter of permission) B PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D ❑X PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at or http://www.usace.army.miUMissions/CivilWorks/ReaulatoryProgramandPenuits.asi) OZI& Corps regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision and/or the If you only have questions regarding the appeal process you may appeal process you may contact: also contact: District Engineer, Wilmington Regulatory Division Mr. Phillip Shannin, Administrative Appeal Review Officer Attn: Bryan Roden -Reynolds CESAD-PDO Charlotte Regulatory Office U.S. Army Corps of Engineers, South Atlantic Division U.S Army Corps of Engineers 60 Forsyth Street, Room 1 OM15 8430 University Executive Park Drive, Suite 615 Atlanta, Georgia 30303-8801 Charlotte, North Carolina 28262 Phone: (404) 562-5137 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15-day notice of any site investigation, and will have the opportum to participate in all site investi ations. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: Bryan Roden -Reynolds, 69 Darlington Avenue, Wilmington, North Carolina 28403 For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Phillip Shannin, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: 03/18/2021 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Mundy Real Estate, LLC, Tyler Mundy, 11011 Atrium Way, Matthews, NC 28105 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, PROJECT NAME, SAW- 2021-00572 D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The review area is located on the south side of Williams Road; approximately 0.6 miles south of the intersection of Williams Road and Sam Newell Road. PIN: 193-44-169. Reference review area description shown in Jurisdictional Determination Request package entitled "Figure 1, Vicinity Map" and dated 03/09/21. (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: NC County: Mecklenburg City: Matthews Center coordinates of site (lat/long in degree decimal format): Latitude: 35.145097 Longitude:-80.703721 Universal Transverse Mercator: Name of nearest waterbody: Irvins Creek E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ®Office (Desk) Determination. Date: 03/18/21 ❑ Field Determination. Date(s): TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION Feature Latitude Longitude Estimated Type of aquatic Geographic authority to (decimal (decimal amount of resources (i.e., which the aquatic degrees) degrees) aquatic wetland vs. non- resource "may be" resources in wetland waters) subject (i.e., Section 404 review area or Section 10/404) (acreage and linear feet, if applicable Stream S 1 35.144784 -80.703514 36 linear feet Non -wetland 404 Stream S3 35.144952 -80.703544 179 linear feet Non -wetland 404 Wetland WC 35.14488 -80.703349 0.15 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 AID for the activity, the permit applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit authorization based on a PJD, which does not make an official determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an AJD could possibly result in less compensatory mitigation being required or different special conditions; (3) the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) undertaking any activity in reliance upon the subject permit authorization without requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AJD or a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered individual permit (and all 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 1-4 ® 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 naive: Figure 2, USGS Topographic Map (7.5-minute quadrangle Mint Hill, NC) ®Natural Resources Conservation Service Soil Survey. Citation: Figure 4, USDA Soil Survey (Web Soil Survey of Mecklenburg County) ❑ National wetlands inventory map(s). Cite name: ❑ State/local wetland inventory map(s): ❑ FEMA/FIRM maps: ❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929) ® Photographs: ® Aerial (Name & Date): Figure 3, Approximate Waters of U.S. Man (Dated 03/09/21) or ® Other (Name & Date): Photographs 1-4 ❑ Previous determination(s). File no. and date of response letter: ® Other information (please specify): Figure 4, Vicinity Map (Dated 03/09/21) and NCDWO Stream Identification Forms, Version 4.11 (Dated 02/25/21) IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for later jurisdictional determinations. Bryan Roden -Reynolds 2021.03.18 14:58:59-04'00' Signature and date of Regulatory staff member completing PJD 03/18/2021 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. nI NOTE: JURISDICTIONAL FEATURES WERE DELINEATED IN THE FIELD BY S&ME SCIENTISTS IN FEBRUARY 2021 AND WERE LOCATED WITH GPS EQUIPMENT CAPABLE OF SUB -METER ACCURACY. THEY HAVE NOT BEEN !1 VERIFIED BY THE USACE OR SURVEYED BY A REGISTERED LAND SURVEYOR. i' f f U, ,o � � p,. f r� .I , 4 ` 5 � .Vy' ��/AT��,9s��r{(t'• J40' • I�, "� i "� LY '�,:,.b�.�' �!`�� ���asM � 1'. ,� 735 �30 _ `' _ '. �r�i ;rj���. I r � �9 •I � Y i f ! i II O q sw ,� 5 �� �� n � J'' ygY�.y� � '•'1 Y,�,• rr a.+ �r r •. ,� � a vxEi �J'r oF1 ��4(Vs �ur`r � � �. , t:�-.; f r r:�• G's'4 ;: STREAM S3 a —179 LF in Project Area Heaiicutp gin p w � i�.,'rrt. • r; -9,` egg .: - -.•. .., `sfFl�R.y' r ; WETLAND C §� —0.15 Acres in Project Area STREAM S1 —36 LF In Project Area E t fly �� 0 � ip T� iw �P. -➢:i ..y � s9� ��S A � cZL- - - AN 41� JURISDICTIONAL STREAM (INTERMITTENT) JURISDICTIONAL STREAM (PERENNIAL) y (FEET) « ® JURISDICTIONAL WETLANDS WETLAND DATA FORM REFERENCE: 2021 AERIAL PHOTOGRAPH s GIs BASE LAYERS WERE OBTAINED FROM MECKLENBURG COUNTY AND r Q UPLAND DATA FORM a NEARMAP. ONE -FOOT TOPOGRAPHY DERIVED FROM 2017 DATA. ALL 4 c_ FEATURE LOCATIONS DISPLAYED ARE APPROXIMATED. THEY ARE NOT 7 E O STREAM DATA FORM 2 BASED ON CIVIL SURVEY INFORMATION, UNLESS STATED OTHERWISE. rj SCALE: FIGURE NO. APPROXIMATE WATERS OF THE U.S. MAP 1 " = 100 ' DATE: I I 3-9-21 3 2914 WILLIAMS ROAD PROJECT NUMBER MATTHEWS, MECKLENBURG COUNTY, NORTH CAROLINA 4335-20-150 Appendix IV - North Carolina Wetland Assessment Methodology (WAM) Form for Wetland WC NC WAM WETLAND ASSESSMENT FORM Accompanies User Manual Version 4.1 my i. Wetland Site Name Trinitas Development / Wetland WC Date 10/6/2021 Wetland Type Headwater Forest Assessor Name/Organization D. Homans / S&ME Level III Ecoregion Piedmont Nearest Named Water Body Irvins Creek River Basin Catawba USGS 8-Digit Catalogue Unit 03050103 Yes , No Precipitation within 48 hrs? 35.14488N 80.703349W 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 -cuffing, exotics, etc.) Is the assessment area intensively managed? (: Yes r No Regulatory Considerations (select all that apply to the assessment area) r Anadromous fish r Federally protected species or State endangered or threatened species r NCDWQ riparian buffer rule in effect r Abuts a Primary Nursery Area (PNA) r Publicly owned property r N.C. Division of Coastal Management Area of Environmental Concern (AEC) (including buffer) r Abuts a stream with a NCDWQ classification of SA or supplemental classifications of HQW, ORW, or Trout r Designated NCNHP reference community r 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 r Brownwater r Tidal (if tidal, check one of the following boxes) i - Lunar i - Wind i - Both Is the assessment area on a coastal island? (' Yes C No Is the assessment area's surface water storage capacity or duration substantially altered by beaver? Does the assessment area experience overbank normal rainfall conditions? C Yes • No Yes (: 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 (' 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. Refer to the current NRCS lateral effect of ditching guidance for North Carolina hydric soils (see USACE Wilmington District website) for the zone of influence of ditches in hydric soils. 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 ditch 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 (answer for non -marsh wetlands only) 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. (' A r A Majority of wetland with depressions able to pond water > 1 foot deep (' B r B Majority of wetland with depressions able to pond water 6 inches to 1 foot deep r C r C Majority of wetland with depressions able to pond water 3 to 6 inches deep (: D G D Depressions able to pond water < 3 inches deep 3b. (—A Evidence that maximum depth of inundation is greater than 2 feet C 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 Soil Texture/Structure -assessment area condition metric 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. (-A Sandy soil f� B Loamy or clayey soils exhibiting redoximorphic features (concentrations, depletions, or rhizospheres) f C Loamy or clayey soils not exhibiting redoximorphic features f D Loamy or clayey gleyed soil f E Histosol or histic epipedon 4b. CA Soil ribbon < 1 inch (_- B Soil ribbon >- 1 inch 4c. (T-A No peat or muck presence f 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 f B C' 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 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 F A F A F A >- 10 % impervious surfaces F B r B r B < 10% impervious surfaces r C r C r C Confined animal operations (or other local, concentrated source of pollutants) F D r D r D >- 20% coverage of pasture r E r E r E >- 20% coverage of agricultural land (regularly plowed land) r F r F r F >- 20% coverage of maintained grasstherb r G r G r G >- 20% coverage of clear-cut land r H r H r H Little or no opportunity to improve water quality. Lack of opportunity may result from hydrologic alterations that prevent drainage or overbank flow from affecting the assessment area. 7. Wetland Acting as Vegetated Buffer- assessment area/wetland complex condition metric 7a. Is assessment area within 50 feet of a tributary or other open water? (: Yes r No If Yes, continue to 7b. If No, skip to Metric 8. Wetland buffer need only be present on one side of the water body. Make buffer judgment based on the average width of the wetland. Record a note if a portion of the buffer has been removed or disturbed. 7b. How much of the first 50 feet from the bank is weltand? Descriptor E should be selected d ditches effectively bypass the buffer. r A >: 50 feet (: B From 30 to < 50 feet f C From 15 to < 30 feet (' D From 5 to < 15 feet (" E < 5 feet or buffer bypassed by ditches 7c. Tributary width. If the tributary is anastomosed, combine widths of channels/braids for a total width. (: <- 15-feet wide (- > 15-feet wide (' Other open water (no tributary present) 7d. Do roots of assessment area vegetation extend into the bank of the tributary/open water? (' Yes (: No 7e. Is tributary or other open water sheltered or exposed? (: Sheltered - adjacent open water with width < 2500 feet and no regular boat traffic. (' Exposed - adjacent open water with width >: 2500 feet or regular boat traffic. Wetland Width at the Assessment Area - wetland type/wetland complex metric (evaluate for riparian wetlands 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 areas (WC). See User Manual for WT and WC boundaries. WT WC (' A (' A >: 100 feet (' B (' B From 80 to < 100 feet (' C (' C From 50 to < 80 feet (•' D G D From 40 to < 50 feet (' E (' E From 30 to < 40 feet (' F (' F From 15 to < 30 feet (' G (' G From 5 to < 15 feet f H (' H < 5 feet 9. Inundation Duration — assessment area condition metric Answer for assessment area dominant landform. (' A Evidence of short -duration inundation (< 7 consecutive days) (: B Evidence of saturation, without evidence of inundation (' C Evidence of long -duration inundation or very long -duration inundation (7 to 30 consecutive days or more) 10. Indicators of Deposition —assessment area condition metric Consider recent deposition only (no plant growth since deposition). (: A Sediment deposition is not excessive, but at approximately natural levels. (' B Sediment deposition is excessive, but not overwhelming the wetland. t' C Sediment deposition is excessive and is overwhelming the wetland. 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). Seethe User Manual for boundaries of these evaluation areas. If assessment area is clear-cut, select "K" for the FW column. WT WC FW (if applicable) A (' A ("' A >_ 500 acres i B (' B (' B From 100 to < 500 acres C (' C ("' C From 50 to < 100 acres D (' D ("' D From 25 to < 50 acres E (' E i E From 10 to < 25 acres F (' F i F From 5 to < 10 acres i G (' G i G From 1 to < 5 acres H (' H ("' H From 0.5 to < 1 acre (: I (: I ("' I From 0.1 to < 0.5 acre (' J (' J (: J From 0.01 to < 0.1 acre (' K (' K i K < 0.01 acre or assessment area is clear-cut 12. Wetland Intactness —wetland type condition metric (evaluate for Pocosins only) r A Pocosin is the full extent (>_ 90%) of its natural landscape size. r 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 (d 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 r A r A >_ 500 acres (' B r B From 100 to < 500 acres r C r C From 50 to < 100 acres r D r D From 10 to < 50 acres i E f: E < 10 acres is F r F Wetland type has a poor or no connection to other natural habitats 13b. Evaluate for marshes only. (' Yes [- No Wetland type has a surface hydrology connection to open waterststream or tidal wetlands. 14. Edge Effect —wetland type condition metric (skip for all marshes) 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. r A No artificial edge within 150 feet in all directions (: B No artificial edge within 150 feet in four (4) to seven (7) directions r C An artificial edge occurs within 150 feet in more than four (4) directions or assessment area is clear-cut 15. Vegetative Composition — assessment area condition metric (skip for all marshes and Pine Flat) r 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. r 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. G C Vegetation severely altered from reference in composition. Expected species are unnaturally absent (planted stands of non - characteristic species or at least one stratum inappropriately composed of a single species). Exotic species are dominant in at least one stratum. 16. Vegetative Diversity — assessment area condition metric (evaluate for Non -tidal Freshwater Marsh only) r A Vegetation diversity is high and is composed primarily of native species (<10% cover of exotics). (: B Vegetation diversity is low or has > 10% to 50% cover of exotics. r C Vegetation is dominated by exotic species (>50% cover of exotics). Vegetative Structure — assessment area/wetland type condition metric 17a. Is vegetation present? (: Yes (" No If Yes, continue to 17b. If No, skip to Metric 18. 17b. Evaluate percent coverage of assessment area vegetation for all marshes only. Skip to 17c for non -marsh wetlands. (' A >_ 25 % coverage of vegetation (' B < 25% coverage of vegetation 17c. Check a box in each column for each stratum. Evaluate this portion of the metric for non -marsh wetlands. Consider structure in airspace above the assessment area (AA) and the wetland type (WT) separately. AA WT n (' A (" A Canopy closed, or nearly closed, with natural gaps associated with natural processes 0 B C B Canopy present, but opened more than natural gaps U (: C 0 C Canopy sparse or absent T `o (` A C A Dense mid-story/sapling layer (' B [-' B Moderate density mid-story/sapling layer (: C f: C Mid-story/sapling layer sparse or absent s r A r A Dense shrub layer rB (' B Moderate density shrub layer U (: C f: C Shrub layer sparse or absent s r A r A Dense herb layer (.' B f: B Moderate density herb layer x ("' C C C Herb layer sparse or absent 18. Snags — wetland type condition metric (" A Large snags (more than one) are visible (> 12-inches DBH, or large relative to species present and landscape stability). (: B Not 19. Diameter Class Distribution —wetland type condition metric A Majority of canopy trees have stems > 6 inches in diameter at breast height (DBH), many large trees (> 12 inches DBH) are present. (7- 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 Include both natural debris and man -placed natural debris. (' A Large logs (more than one) are visible (> 12 inches in diameter, or large relative to species present and landscape stability). (: B Not 21. Vegetation/Open Water Dispersion — wetland type/open water condition metric (evaluate for Non -Tidal Freshwater Marsh only) Select the figure that best describes the amount of interspersion between vegetation and open water in the growing season. Patterned areas indicate vegetated areas, while solid white areas indicate open water. C"A '"B ('C ("D w, 22. Hydrologic Connectivity — assessment area condition metric (evaluate for riparian wetlands 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. A Overbank and overland flow are not severely altered in the assessment area. (.' B Overbank flow is severely altered in the assessment area. C Overland flow is severely altered in the assessment area. D Both overbank and overland flow are severely altered in the assessment area. Notes The majority of the wetland is located within a recently installed (within the last year) sanitary sewer right-of-way. Vegetation is highly altered and soils have been substantially disturbed. Wetland is adjacent to an existing highly modified stream channel which has been straightened and is deeply incised. NC WAM Wetland Rating Sheet Accompanies User Manual Version 4.1 Rating Calculator Version 4.1 Wetland Site Name Trinitas Development / Wetland WC Date 10/6/2021 Wetland Type Headwater Forest Assessor Name/Organization D. Homans / S&ME Notes on Field Assessment Form (Y/N) YES Presence of regulatory considerations (Y/N) YES Wetland is intensively managed (Y/N) YES Assessment area is located within 50 feet of a natural tributary or other open water (Y/N) YES Assessment area is substantially altered by beaver (Y/N) NO Assessment area experiences overbank flooding during normal rainfall conditions (Y/N) 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 HIGH Condition/Opportunity HIGH Opportunity Presence? (Y/N) YES Particulate Change Condition LOW Condition/Opportunity NA Opportunity Presence? (Y/N) NA Soluble Change Condition HIGH Condition/Opportunity HIGH Opportunity Presence? (Y/N) YES Physical Change Condition MEDIUM Condition/Opportunity MEDIUM Opportunity Presence? (Y/N) NO Pollution Change Condition NA Condition/Opportunity NA Opportunity Presence? (Y/N) NA Habitat Physical Structure Condition LOW Landscape Patch Structure Condition LOW Vegetation Composition Condition LOW Function Rating Summary Function Metrics/Notes Rating Hydrology Condition LOW Water Quality Condition HIGH Condition/Opportunity HIGH Opportunity Presence? (Y/N) YES Habitat Conditon LOW Overall Wetland Rating LOW Appendix V — Protected Species Documentation Roy Cooper, Governor ■ ■■■ r ■■ ■ INC DEPARTMENT OF ■■,■i NATURAL AND CULTURAL RESOURCES ■ ■■ March 29. 2022 Dave Homans S&ME, Inc. 9751 Southern Pine Blvd Charlotte, NC 28273 RE: Williams Road / Trinitas Development Dear Dave Homans: ❑. Reid Wilson, Secretary Misty Buchanan Deputy Director, Natural Heritage Program IN \��IiFDTMV A�1i� The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources for the project referenced above. Based on the project area mapped with your request, a query of the NCNHP database indicates that there are no records for rare species, important natural communities, natural areas, and/or conservation/managed areas within the proposed project boundary. Please note that although there may be no documentation of natural heritage elements within the project boundary, it does not imply or confirm their absence; the area may not have been surveyed. The results of this query should not be substituted for field surveys where suitable habitat exists. In the event that rare species are found within the project area, please contact the NCNHP so that we may update our records. The attached `Potential Occurrences' table summarizes rare species and natural communities that have been documented within a one -mile radius of the property boundary. The proximity of these records suggests that these natural heritage elements may potentially be present in the project area if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile radius of the project area, if any, are also included in this report. If a Federally -listed species is found within the project area or is indicated within a one -mile radius of the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for guidance. Contact information for USFWS offices in North Carolina is found here: httr)s://www.fws.gov/offices/Directory/ListOffices.cfm?statecode=37. Please note that natural heritage element data are maintained for the purposes of conservation planning, project review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions. Information provided by the NCNHP database may not be published without prior written notification to the NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NCNHP data may not be redistributed without permission. The NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature Preserve, Registered Heritage Area, Land and Water Fund easement, or Federally - listed species are documented near the project area. If you have questions regarding the information provided in this letter or need additional assistance, please contact Rodney A. Butler at rod ney.butler�ncdcr.gov or 919-707-8603. Sincerely, NC Natural Heritage Program DEPAR7HEN7 OF NATURAL AND CULTURAL RESOURCES 121 W. JONES STREET. RALEIGH. NC 27603 • 1691 MAIL SERVICE CENTER. RALEIGH. NC 27609 OFC 919.707.9120 • FAX 919.707.9121 / ea / CO ( s 2 g a a E \ \ CO } \ x \ / / 1 \ \ CO % e 0 « g / e ® s e / / 7 e \ 0 � \\ \\ CO J 2 ` 2 / /\ G} \ e e e e e e e e e _ / / / / / / \% § \ \ x / / / / / / \ \ \ \ \ \ \ \ \ \ 3 \\ &\ CO / / e o 0 0 0 0 0 0 0 0 § e 3 3 3 3 3 3 3 3 3 { s }77a ?� CO CO 777a 3 » 0 0 0 0 0 0 0 0 0 2 \\ / c a a a a a a a a a »± }n \/\ 3- E \ ® p ± o 4 CO e 2 u 2 - J - �( > \ \ / §.z e z o e ƒ / =2a% z m `z d 2 »sag 2 0 ƒ / s e e CO Oa) 2 5 e / CO 2\ 2 /�/Z ± & c eo0 o CC) (` .seG / y » 3/ CO 0» Z u O a u / > > > � U) < t t t \ ® c u 2 2 0 0 0 \\\\ / 2 9 e e e e e e 3 3 3 3 2* 3 \ 3 0 \\ 2 2 2 2 / \ e / / \ \ % % % % \ no / / 3 u / / / \ \ \ \ ` z / \ © \ \ \ } _ a \ 0 \ \ \ \ \ \ \ \ \ ( \ \ \ ,0 \ \ 21 / / / / / \ \ \ \ � CO COg : z \ 3 { 0 CO �` \ / E CO = CO% } _ e g \% 3 / / CO _ y O \ 2 = / ƒ \ \ m \ 2 \ \ \ \ E E 2 \ » \ u \ 2 \ } } } \ z \ \ CO / t \ / / / e e e e \ / \ E ~ \ \ / / \ \ \ \ \\ _ _ 3 3 2 CO CO 2 % \ ) 0 \ o) o) \ \ \ \ \ \ \ z %{ Z g o E _= O O O \\\\ % \ ± / ° \ \ > > > O O O O \ \ u © » e o f t t t : \ oLn ° $ \ 2 0 0 0 \ \ \ \ \ \ \ u / e ®t e e e ±±\\ s p s : / O % CO4 6 CO_ < < m m = a _ _ = _ % % % % x x x x -0 %/ CO _ = s e s a s e e= a CO = e= a> e \ z »/\ % \\ ®® » e m y 4 0 0 0 0 \._ E z 0 z / / \ \ \ \ / / ) /» / 3 o o o o m j 2 e 0 e e»» e m e§ e± 3 5 3 c 5> Z § \ c L a) Q _O a) a) 0 U) �L m NO re CD VJ r I W Z U Z W oLL h 1p O` y�aJ a G Q�z d iQ >r ed Sr,✓4 a�n2D a Pb llrl{ &ryy sv.a/q 5 �� N �'. �a1.1pp-S o O L S 9a O Pa llµl lUW N°..pt p,arc In slew Qi S 17 tN ^ pardtktBe C,r tea. aF a -" yP S ° °n Ur Q�P 3"° J V F <` 6' a M ss rbnlll.b'� - r` a � � , as2e r Cha`'e t i lm,ntx of ¢- el�oea9 H,aa° Ka as„ey N'pOa e4 N `� a � a ' S, re11 Kd �EryE 8� aid m Nu� Rd a ae�y. eq. 5 Surnmr: rf�u19 �� pt 'v M O M N a United States Department of the Interior FISH AND WILDLIFE SERVICE Asheville Ecological Services Field Office 160 Zillicoa Street Asheville, NC 28801-1082 Phone: (828) 258-3939 Fax: (828) 258-5330 http://www.fws.p,ov/nc-es/es/coupiyfr.html In Reply Refer To: Project Code: 2022-0025733 Project Name: Williams Road / Trinitas Development March 30, 2022 Subject: List of threatened and endangered species that may occur in your proposed project location or may be affected by your proposed project To Whom It May Concern: The enclosed species list identifies threatened, endangered, proposed and candidate species, as well as proposed and final designated critical habitat, that may occur within the boundary of your proposed project and/or may be affected by your proposed project. The species list fulfills the requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). New information based on updated surveys, changes in the abundance and distribution of species, changed habitat conditions, or other factors could change this list. Please feel free to contact us if you need more current information or assistance regarding the potential impacts to federally proposed, listed, and candidate species and federally designated and proposed critical habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act, the accuracy of this species list should be verified after 90 days. This verification can be completed formally or informally as desired. The Service recommends that verification be completed by visiting the ECOS-IPaC website at regular intervals during project planning and implementation for updates to species lists and information. An updated list may be requested through the ECOS-IPaC system by completing the same process used to receive the enclosed list. The purpose of the Act is to provide a means whereby threatened and endangered species and the ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to utilize their authorities to carry out programs for the conservation of threatened and endangered species and to determine whether projects may affect threatened and endangered species and/or designated critical habitat. A Biological Assessment is required for construction projects (or other undertakings having similar physical impacts) that are major Federal actions significantly affecting the quality of the human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2) 03/30/2022 (c)). For projects other than major construction activities, the Service suggests that a biological evaluation similar to a Biological Assessment be prepared to determine whether the project may affect listed or proposed species and/or designated or proposed critical habitat. Recommended contents of a Biological Assessment are described at 50 CFR 402.12. If a Federal agency determines, based on the Biological Assessment or biological evaluation, that listed species and/or designated critical habitat may be affected by the proposed project, the agency is required to consult with the Service pursuant to 50 CFR 402. In addition, the Service recommends that candidate species, proposed species and proposed critical habitat be addressed within the consultation. More information on the regulations and procedures for section 7 consultation, including the role of permit or license applicants, can be found in the "Endangered Species Consultation Handbook" at: http://www.fws.gov/endangered/esa-library/pdf/TOC-GLOS.PDF Migratory Birds: In addition to responsibilities to protect threatened and endangered species under the Endangered Species Act (ESA), there are additional responsibilities under the Migratory Bird Treaty Act (MBTA) and the Bald and Golden Eagle Protection Act (BGEPA) to protect native birds from project -related impacts. Any activity, intentional or unintentional, resulting in take of migratory birds, including eagles, is prohibited unless otherwise permitted by the U.S. Fish and Wildlife Service (50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)). For more information regarding these Acts see https://www.fws.gov/birds/policies-and-regulations.php. The MBTA has no provision for allowing take of migratory birds that may be unintentionally killed or injured by otherwise lawful activities. It is the responsibility of the project proponent to comply with these Acts by identifying potential impacts to migratory birds and eagles within applicable NEPA documents (when there is a federal nexus) or a Bird/Eagle Conservation Plan (when there is no federal nexus). Proponents should implement conservation measures to avoid or minimize the production of project -related stressors or minimize the exposure of birds and their resources to the project -related stressors. For more information on avian stressors and recommended conservation measures see https://www.fws.gov/birds/bird-enthusiasts/threats-to- birds.php. In addition to MBTA and BGEPA, Executive Order 13186: Responsibilities of Federal Agencies to Protect Migratory Birds, obligates all Federal agencies that engage in or authorize activities that might affect migratory birds, to minimize those effects and encourage conservation measures that will improve bird populations. Executive Order 13186 provides for the protection of both migratory birds and migratory bird habitat. For information regarding the implementation of Executive Order 13186, please visit https://www.fws.gov/birds/policies-and-regulations/ executive-orders/e0-13186. php. We appreciate your concern for threatened and endangered species. The Service encourages Federal agencies to include conservation of threatened and endangered species into their project planning to further the purposes of the Act. Please include the Consultation Code in the header of this letter with any request for consultation or correspondence about your project that you submit to our office. 03/30/2022 Attachment(s): • Official Species List • Migratory Birds • Wetlands 03/30/2022 Official Species List This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the requirement for Federal agencies to "request of the Secretary of the Interior information whether any species which is listed or proposed to be listed may be present in the area of a proposed action". This species list is provided by: Asheville Ecological Services Field Office 160 Zillicoa Street Asheville, NC 28801-1082 (828) 258-3939 03/30/2022 KA Project Summary Project Code: 2022-0025733 Event Code: None Project Name: Williams Road / Trinitas Development Project Type: Residential Construction Project Description: Small (7 lot) single family home residential development in an existing residential neighborhood. Project Location: Approximate location of the project can be viewed in Google Maps: https: www.google.com/maps/(a-)35.14484265,-80.70329886266278,14z Counties: Mecklenburg County, North Carolina 03/30/2022 3 Endangered Species Act Species There is a total of 6 threatened, endangered, or candidate species on this species list. Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species. IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA Fisheriesi, as USFWS does not have the authority to speak on behalf of NOAA and the Department of Commerce. See the "Critical habitats" section below for those critical habitats that lie wholly or partially within your project area under this office's jurisdiction. Please contact the designated FWS office if you have questions. 1. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce. Mammals NAME STATUS Northern Long-eared Bat Myotis septentrionalis Threatened No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/9045 Clams NAME STATUS Carolina Heelsplitter Lasmigona decorata Endangered There is final critical habitat for this species. The location of the critical habitat is not available. Species profile: https:Hecos.fws.gov/ecp/species/3534 Insects NAME STATUS Monarch Butterfly Danaus plexippus Candidate No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/9743 03/30/2022 4 Flowering Plants NAME STATUS Michaux's Sumac Rhus michauxii Endangered No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/5217 Schweinitz's Sunflower Helianthus schweinitzii Endangered No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/3849 Smooth Coneflower Echinacea laevigata Endangered No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/3473 Critical habitats THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. 03/30/2022 Migratory Birds Certain birds are protected under the Migratory Bird Treaty Act! and the Bald and Golden Eagle Protection Act2. Any person or organization who plans or conducts activities that may result in impacts to migratory birds, eagles, and their habitats should follow appropriate regulations and consider implementing appropriate conservation measures, as described below. 1. The Migratory Birds Treat. Act of 1918. 2. The Bald and Golden Eagle Protection Act of 1940. 3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a) The birds listed below are birds of particular concern either because they occur on the USFWS Birds of Conservation Concern (BCC) list or warrant special attention in your project location. To learn more about the levels of concern for birds on your list and how this list is generated, see the FAQ below. This is not a list of every bird you may find in this location, nor a guarantee that every bird on this list will be found in your project area. To see exact locations of where birders and the general public have sighted birds in and around your project area, visit the E-bird data mapping tool (Tip: enter your location, desired date range and a species on your list). For projects that occur off the Atlantic Coast, additional maps and models detailing the relative occurrence and abundance of bird species on your list are available. Links to additional information about Atlantic Coast birds, and other important information about your migratory bird list, including how to properly interpret and use your migratory bird report, can be found below. For guidance on when to schedule activities or implement avoidance and minimization measures to reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE SUMMARY at the top of your list to see when these birds are most likely to be present and breeding in your project area. 1►I_Iuhl BREEDING SEASON Bald Eagle Haliaeetus leucocephalus Breeds Sep 1 to This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention Jul 31 because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. https:Hecos.fws.gov/ecp/species/1626 Prairie Warbler Dendroica discolor Breeds May 1 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Jul 31 and Alaska. 03/30/2022 2 NAME Prothonotary Warbler Protonotaria citrea This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Red-headed Woodpecker Melanerpes erythrocephalus This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. BREEDING SEASON Breeds Apr 1 to Jul 31 Breeds May 10 to Sep 10 Rusty Blackbird Euphagus carolinus Breeds This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions elsewhere (BCRs) in the continental USA Wood Thrush Hylocichla mustelina Breeds May 10 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 31 and Alaska. Probability Of Presence Summary The graphs below provide our best understanding of when birds of concern are most likely to be present in your project area. This information can be used to tailor and schedule your project activities to avoid or minimize impacts to birds. Please make sure you read and understand the FAQ "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting to interpret this report. Probability of Presence (■) Each green bar represents the bird's relative probability of presence in the 10km grid cell(s) your project overlaps during a particular week of the year. (A year is represented as 12 4-week months.) A taller bar indicates a higher probability of species presence. The survey effort (see below) can be used to establish a level of confidence in the presence score. One can have higher confidence in the presence score if the corresponding survey effort is also high. How is the probability of presence score calculated? The calculation is done in three steps: The probability of presence for each week is calculated as the number of survey events in the week where the species was detected divided by the total number of survey events for that week. For example, if in week 12 there were 20 survey events and the Spotted Towhee was found in 5 of them, the probability of presence of the Spotted Towhee in week 12 is 0.25. 2. To properly present the pattern of presence across the year, the relative probability of presence is calculated. This is the probability of presence divided by the maximum probability of presence across all weeks. For example, imagine the probability of presence in week 20 for the Spotted Towhee is 0.05, and that the probability of presence at week 12 (0.25) is the maximum of any week of the year. The relative probability of presence on week 12 is 0.25/0.25 = 1; at week 20 it is 0.05/0.25 = 0.2. 03/30/2022 3 3. The relative probability of presence calculated in the previous step undergoes a statistical conversion so that all possible values fall between 0 and 10, inclusive. This is the probability of presence score. Breeding Season( ) Yellow bars denote a very liberal estimate of the time -frame inside which the bird breeds across its entire range. If there are no yellow bars shown for a bird, it does not breed in your project area. Survey Effort (1) Vertical black lines superimposed on probability of presence bars indicate the number of surveys performed for that species in the 10km grid cell(s) your project area overlaps. The number of surveys is expressed as a range, for example, 33 to 64 surveys. No Data (—) A week is marked as having no data if there were no survey events for that week. Survey Timeframe Surveys from only the last 10 years are used in order to ensure delivery of currently relevant information. The exception to this is areas off the Atlantic coast, where bird returns are based on all years of available data, since data in these areas is currently much more sparse. probability of presence breeding season I survey effort — no data SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Bald Eagle iiii Jill J�Jj �� Non -BCC +++ ++++ —+++ +++ ++­+ ++ ++++ ++++ +—++ Vulnerable �� ���� mrds �`OE h. Prairie Warbler BCC Rangewide ++++ (CON) Prothonary Warbler ++++ ++++ ++++ 11IJ i+++ —+++ +++' ++­+ ++++ ++++ ++++ +—++ BCC Rangewide �— _adds NONE MEN (CON) Red-headed Woodpecker ++++ +„+ +++, +,+$ „++'+++ ++ " ++ ++�' +, +,++ ++'+'—++ BCC Rangewide (CON) Rusty Blackbird ++++ I I I F ++1N J+ I 1 I I I I —+++ ++++ ++­+ ++++ +++' ++++ +.+1 BCC -BCR Wood Thrush ' ""',; ;`' ' ' „ BCC Rangewide ++++ ++++ +++ + ++ ++�+ ++ (CON) 03/30/2022 4 Additional information can be found using the following links: • Birds of Conservation Concern http://www.fws.gov/birds/management/managed-species/ birds-of-conservation-concern.php • Measures for avoiding and minimizing impacts to birds http://www.fws.gov/birds/ management/project-assessment-tools-and-guidance/ conservation-measures.php • Nationwide conservation measures for birds http://www.fws.gov/migratoI3Lbirds/pdf/ management/nationwidestandardconservationmeasures. pdf Migratory Birds FAQ Tell me more about conservation measures I can implement to avoid or minimize impacts to migratory birds. Nationwide Conservation Measures describes measures that can help avoid and minimize impacts to all birds at any location year round. Implementation of these measures is particularly important when birds are most likely to occur in the project area. When birds may be breeding in the area, identifying the locations of any active nests and avoiding their destruction is a very helpful impact minimization measure. To see when birds are most likely to occur and be breeding in your project area, view the Probability of Presence Summary. Additional measures or permits may be advisable depending on the type of activity you are conducting and the type of infrastructure or bird species present on your project site. What does IPaC use to generate the migratory birds potentially occurring in my specified location? The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern (BCQ and other species that may warrant special attention in your project location. The migratory bird list generated for your project is derived from data provided by the Avian Knowledge Network (AKN). The AKN data is based on a growing collection of survey, banding, and citizen science datasets and is queried and filtered to return a list of those birds reported as occurring in the 10km grid cell(s) which your project intersects, and that have been identified as warranting special attention because they are a BCC species in that area, an eagle (Eagle Act requirements may apply), or a species that has a particular vulnerability to offshore activities or development. Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your project area. It is not representative of all birds that may occur in your project area. To get a list of all birds potentially present in your project area, please visit the AKN Phenology Tool. What does IPaC use to generate the probability of presence graphs for the migratory birds potentially occurring in my specified location? The probability of presence graphs associated with your migratory bird list are based on data provided by the Avian Knowledge Network (AKN). This data is derived from a growing collection of survey, banding, and citizen science datasets . 03/30/2022 5 Probability of presence data is continuously being updated as new and better information becomes available. To learn more about how the probability of presence graphs are produced and how to interpret them, go the Probability of Presence Summary and then click on the "Tell me about these graphs" link. How do I know if a bird is breeding, wintering, migrating or present year-round in my project area? To see what part of a particular bird's range your project area falls within (i.e. breeding, wintering, migrating or year-round), you may refer to the following resources: The Cornell Lab of Ornithology All About Birds Bird Guide, or (if you are unsuccessful in locating the bird of interest there), the Cornell Lab of Ornithology Neotropical Birds guide. If a bird on your migratory bird species list has a breeding season associated with it, if that bird does occur in your project area, there may be nests present at some point within the timeframe specified. If "Breeds elsewhere" is indicated, then the bird likely does not breed in your project area. What are the levels of concern for migratory birds? Migratory birds delivered through IPaC fall into the following distinct categories of concern: 1. "BCC Rangewide" birds are Birds of Conservation Concern (BCC) that are of concern throughout their range anywhere within the USA (including Hawaii, the Pacific Islands, Puerto Rico, and the Virgin Islands); 2. "BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation Regions (BCRs) in the continental USA; and 3. "Non -BCC - Vulnerable" birds are not BCC species in your project area, but appear on your list either because of the Eagle Act requirements (for eagles) or (for non -eagles) potential susceptibilities in offshore areas from certain types of development or activities (e.g. offshore energy development or longline fishing). Although it is important to try to avoid and minimize impacts to all birds, efforts should be made, in particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC species of rangewide concern. For more information on conservation measures you can implement to help avoid and minimize migratory bird impacts and requirements for eagles, please see the FAQs for these topics. Details about birds that are potentially affected by offshore projects For additional details about the relative occurrence and abundance of both individual bird species and groups of bird species within your project area off the Atlantic Coast, please visit the Northeast Ocean Data Portal. The Portal also offers data and information about other taxa besides birds that may be helpful to you in your project review. Alternately, you may download the bird model results files underlying the portal maps through the NOAA NCCOS Integrative Statistical Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic Outer Continental Shelf project webpage. Bird tracking data can also provide additional details about occurrence and habitat use throughout the year, including migration. Models relying on survey data may not include this information. For additional information on marine bird tracking data, see the Diving Bird Study and the nanotag studies or contact Caleb Spiegel or Pam Lorin. 03/30/2022 What if I have eagles on my list? If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid violating the Eagle Act should such impacts occur. Proper Interpretation and Use of Your Migratory Bird Report The migratory bird list generated is not a list of all birds in your project area, only a subset of birds of priority concern. To learn more about how your list is generated, and see options for identifying what other birds may be in your project area, please see the FAQ "What does IPaC use to generate the migratory birds potentially occurring in my specified location". Please be aware this report provides the "probability of presence" of birds within the 10 km grid cell(s) that overlap your project; not your exact project footprint. On the graphs provided, please also look carefully at the survey effort (indicated by the black vertical bar) and for the existence of the "no data" indicator (a red horizontal bar). A high survey effort is the key component. If the survey effort is high, then the probability of presence score can be viewed as more dependable. In contrast, a low survey effort bar or no data bar means a lack of data and, therefore, a lack of certainty about presence of the species. This list is not perfect; it is simply a starting point for identifying what birds of concern have the potential to be in your project area, when they might be there, and if they might be breeding (which means nests might be present). The list helps you know what to look for to confirm presence, and helps guide you in knowing when to implement conservation measures to avoid or minimize potential impacts from your project activities, should presence be confirmed. To learn more about conservation measures, visit the FAQ "Tell me about conservation measures I can implement to avoid or minimize impacts to migratory birds" at the bottom of your migratory bird trust resources page. 03/30/2022 Wetlands Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under Section 404 of the Clean Water Act, or other State/Federal statutes. For more information please contact the Regulatory Program of the local U.S. Army Corps of Engineers District. Please note that the NWI data being shown may be out of date. We are currently working to update our NWI data set. We recommend you verify these results with a site visit to determine the actual extent of wetlands on site. FRESHWATER FORESTED/SHRUB WETLAND • PF01A 03/30/2022 IPaC User Contact Information Agency: S&ME, Inc. Name: David Homans Address: 9751 Southern Pine Blvd. City: Charlotte State: NC Zip: 28211 Email dhomans@smeinc.com Phone: 7049009394 Appendix VI — Cultural Resources Documentation North Carolina State Historic Preservation Office HPOWEB 2.0 Review (3/30/2022) National Register NR individual resources & centerpoints rf Status, LocalStat, HDstatus c P'nl w ka,eCn a Ep mania ry' b � ;pD I • NR Individual Listing ay • NR Listing, Gone Wait, * NRHD Center Point 'cs oP N B�Son P x NR districts & boundaries iK0 4 4 STATUS 'c+� Mint Hill a Middle IN, d ❑ National Register Boundary ❑Boundary of Destroyed/Removed NR Listing �hans on Pti Study ListAl a � SL individual resources & centerpoints z 0 Or Status, LocalStat, HDstatus -c Ge�a�GS1 a`".e ■ SL Individual Entry a,s ■ SL and DOE entry z N c a 7 a ■ Study List Entry, Gone � n o°rrs ■ SL and DOE, Gone MECK-E Dt BURG * SLHD Center Point a n f elf°` �v ass e * SLDOEHD Center Point • Ln ;` Th'v.; ODr„ .; EL districts &boundaries � � - sv r- x r �, STATUS , ' rommv ❑ Study List Boundary E b � Fa"LFd DrLI Both SL and Determined Eligible 4,ce v Boundary o a0 Determined Eligible `'ti. Sv.•eer DOE individual resources & centerpoints; ffV h W❑nd ❑r NeWd ? FDr esi Status, LocalStat, HDstatus •r;indEr,r n � ■ Determined Eligible Dr Lr ty- ne ■ DOE, Gone �oD .: uo cA the Kara ��O°a n P.kwy c h b a S v cmeeig Th OS K Light'>'c �resr4� .-r. ^�camorc. Rw. No National Register historic properties, study list, or determined eligible properties located within a 0.5 mile radius of the proposed project.