Loading...
HomeMy WebLinkAbout20220869 Ver 1_ePCN Application_20220624Pre -Construction Notification (PCN) Form For Nationwide Permits and Regional General Permits (along with corresponding Water Quality Certifications) April 13, 2022 Ver 4.3 Initial Review Has this project met the requirements for acceptance in to the review process?* OO Yes O No Is this project a public transportation project?* OYes 0No Change only if needed. Pre -Filing Meeting Date Request was submitted on: 4/19/2022 BIMS # Assigned* 20220869 Is a payment required for this project?* 0 No payment required O Fee received O Fee needed - send electronic notification Reviewing Office* Mooresville Regional Office - (704) 663-1699 Information for Initial Review Version#* What amout is owed?* O $240.00 0 $570.00 Select Project Reviewer* Doug Perez:eads\djperez la. Name of project: Sedona Farms la. Who is the Primary Contact?* Heath Caldwell lb. Primary Contact Email:* heath .caldwel I@wetlands-epg.com Date Submitted 6/24/2022 Nearest Body of Water West Branch Rocky River Basin Yadkin-PeeDee Water Classification C Site Coordinates Latitude: 35.4613 A. Processing Information Longitude: -80.7898 lc. Primary Contact Phone:* (704)999-5279 County (or Counties) where the project is located: Mecklenburg Is this a NCDMS Project 0Yes ONo Is this project a public transportation project?* 0Yes ONo la. Type(s) of approval sought from the Corps: 21 Section 404 Permit (wetlands, streams and waters, Clean Water Act) ❑ Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) Has this PCN previously been submitted?* 0 Yes O No 1b. What type(s) of permit(s) do you wish to seek authorization? O Nationwide Permit (NWP) 0 Regional General Permit (RGP) 0 Standard (IP) lc. Has the NWP or GP number been verified by the Corps? 0Yes ®No Nationwide Permit (NWP) Number: NWP Numbers (for multiple NWPS): 1d. Type(s) of approval sought from the DWR: EO 401 Water Quality Certification - Regular 0 Non-404 Jurisdictional General Permit 0 Individual 401 Water Quality Certification 14 - Linear transportation 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: If. Is this an after -the -fact permit application?* O Yes O No 0 401 Water Quality Certification - Express 0 Riparian Buffer Authorization lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? O Yes O No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? O Yes O No lh. Is the project located in any of NC's twenty coastal counties? O Yes O No 1j. Is the project located in a designated trout watershed? OYes 0No B. Applicant Information 0Yes ONo OYes 0No Id. Who is applying for the permit? O Owner O Applicant (other than owner) le. Is there an Agent/Consultant for this project?* OYes 0No 2. Owner Information 2a. Name(s) on recorded deed: Bi-Part Development 2b. Deed book and page no.: 2c. Contact Person: Jake Palillo 2d. Address Street Address 18611 Starcreek Road Address Line 2 City Cornelius Postal / Zip Code 28031 State / Province / Region NC Country USA 2e. Telephone Number: (704)363-7902 2f. Fax Number: 2g. Email Address:* jpalillo@aol.com 4. Agent/Consultant (if applicable) 4a. Name: Heath Caldwell 4b. Business Name: Wetlands & Environmental Planning Group 4c. Address Street Address 10612-D Providence Road Address Line 2 PMB 550 City Charlotte Postal / Zip Code 28277 4d. Telephone Number: (704)999-5279 4f. Email Address: * amber.lipsky@wetlands-epg.com C. Project Information and Prior Project History State / Province / Region NC Country USA 4e. Fax Number: 1. Project Information lb. Subdivision name: Of appropriate) lc. Nearest municipality / town: Davidson 2. Project Identification 2a. Property Identification Number: 00721112 2c. Project Address Street Address Address Line 2 City Postal / Zip Code 3. Surface Waters 3a. Name of the nearest body of water to proposed project: * West Branch Rocky River 3b. Water Resources Classification of nearest receiving water: * C 3c. What river basin(s) is your project located in?* Yadkin-PeeDee 3d. Please provide the 12-digit HUC in which the project is located. 030401050102 4. Project Description and History 2b. Property size: 10.29 State / Province / Region Country 4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: * The Sedona Farms site (+/- 10.29 acre) is located just north of June Washam Road and southwest of West Branch Rocky River in Mecklenburg County, North Carolina. The elevation is approximately 680-720 ft. The site is comprised of farmland with shed and outbuildings, wooded slopes, and a small portion of field. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?* 0 Yes O No 0 Unknown 4f. List the total estimated acreage of all existing wetlands on the property: 0.0866 4g. List the total estimated linear feet of all existing streams on the property: 450 4h. Explain the purpose of the proposed project:* The proposed development includes impacts associated with a road crossing and associated grading for access to an existing residential property. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * Fill and grading of the site will use standard equipment, excavator, dump truck, track hoe, etc. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas? * !� Yes O No Comments: 5b. If the Corps made a jurisdictional determination, what type of determination was made? * _l Preliminary - Approved J Not Verified - Unknown J N/A Corps AID Number: SAW-2022-00123 Sc. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: Nic Nelson WEPG 0 Unknown 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR This site was verified by B. Roden -Reynolds (USACE) on 1/14/22. A copy of the signed JD approval is included in the Jurisdictional Determination Information section. 6. Future Project Plans 6a. Is this a phased project?* 0 Yes O No Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity? D. Proposed Impacts Inventory 1. Impacts Summary la. Where are the impacts associated with your project? (check all that apply): i1 Wetlands OO Streams -tributaries J Open Waters 0 Pond Construction 2. Wetland Impacts 0 Buffers 2a. Site #* (?) 2a1 Reason (?) 2b. Impact type* (?) 2c. Type of W.* 2d. W. name 2e. Forested* 2f. Type of Jurisdicition* (?) 2g. Impact area* W1 Road Crossing P Bottomland Hardwood Forest Wetland B Yes Corps 0.000 (acres) 2g. Total Temporary Wetland Impact 0.000 2g. Total Wetland Impact 0.000 2i. Comments: 0.00046 AC of impact (would not fit in table) 3. Stream Impacts 2g. Total Permanent Wetland Impact 0.000 3a. Reason for impact (?) 3b.lmpact type* 3c. Type of impact* 3d. S. name* 3e. Stream Type* (?) 3f. Type of Jurisdiction* 3g. S. width 3h. Impact length* S1 Road Crossing Permanent Culvert Stream A Intermittent Corps 4 Average (feet) 95 (linear feet) S2 Road Crossing Permanent Stabilization Stream A Intermittent Corps 4 Average (feet) 22 (linear feet) S3 Road Crossing Permanent Stabilization Stream A Intermittent Corps 4 Average (feet) 25 (linear feet) 3i. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 142 3i. Total stream and ditch impacts: 142 3j. Comments: S1- 0.0087 AC S2- No loss impact; Rip rap to be installed at existing stream bed elevations. 0.002 AC S3- No loss impact; Rip rap to be installed at existing stream bed elevations. 0.0023 Total acrage- 0.013 AC E. Impact Justification and Mitigation 3i. Total temporary stream impacts: 0 1. Avoidance and Minimization la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: Impacts associated with the proposed development were limited through design and location/orientation of the access route. Impacts could not be avoided as to the only feasible driveway connection would be off of the common drive as shown. The property does have frontage to the west but it is it is within a sharp horizontal curve that would not meet NCDOT sight distance requirements. The applicant has demonstrated avoidance and minimization efforts by keeping the majority of the site undeveloped and avoiding 68% of onsite streams and 99% of onsite wetlands. lb. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Construction techniques will implement approved erosion control methods to avoid/minimize impacts to onsite/adjacent offsite receiving conveyances. Where possible, 2:1 slopes and the maximum allowable headwalls will be used to minimize crossing impacts. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? O Yes * No 2b. If this project DOES NOT require Compensatory Mitigation, explain why: Due to limited site impacts, no mitigation is proposed. 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? 0 Yes O No If no, explain why: 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?* 0 Yes @ No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? O Yes No Comments: Stormwater treatment is not required for the site. Built up area is under the threshold. G. Supplementary Information 1. Environmental Documentation la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?* Yes O 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)7* Yes • No 3. Cumulative Impacts (DWR Requirement) 3a. Will this project result in additional development, which could impact nearby downstream water quality?* Yes • No 3b. If you answered "no," provide a short narrative description. No additional phases proposed. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* ® Yes 0 No 0 N/A 4b. Describe, in detail, the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated at a treatment plant, list the capacity available at that plant. Wastewater generated on the site will be transported to the nearest treatment facility via sewer lines. 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or habitat?* Yes a No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* Yes 7 No 5d. Is another Federal agency involved?* Yes 5e. Is this a DOT project located within Division's 1-8? OYes 0No • No Unknown 5f. Will you cut any trees in order to conduct the work in waters of the U.S.? O Yes No 5g. Does this project involve bridge maintenance or removal? 0 Yes ® No 5h. Does this project involve the construction/installation of a wind turbine(s)?" 0 Yes ® No 5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.? Yes • No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? A threatened and endangered species assessment was conducted in which no species were identified. Habitat may occur for the Northern long-eared bat but the project is except as described in the attached T&E report. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?* Yes • No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?* No essential fish habitat in this region. 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?* Yes • No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* SHPO's website: https://nc.maps.arcgis.com/ Report from R.S. Webb and Associates 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain?* Yes • No 8c. What source(s) did you use to make the floodplain determination?* www.fema.gov https://polaris3g.mecklenburgcountync.gov/ Miscellaneous U Please use the space below to attach all required documentation or any additional information you feel is helpful for application review. Documents should be combined into one file when possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred. Click the upload button or drag and drop files here to attach document Sedona Farms PCN.pdf File must be PDF or KMZ Comments A complete PCN package is attached. Signature 5.84MB ill By checking the box and signing below, I certify that: The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief'; and The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. I have given true, accurate, and complete information on this form; I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND I intend to electronically sign and submit the PCN form. Full Name: Heath Caldwell Signature Date 6/24/2022 WEPG Preliminary ORM Data Entry Fields for New Actions SAW — 2022 - 00123 Prepare file folder n 1. Project Name [PCN Form A2a]: Sedona Farms 2. Work Type: Private pi Institutional ri 3. Project Description / Purpose [PCN Form B3d and B3e]: NWP 14 Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. BEGIN DATE [Received Date]: Assign Action ID Number in ORM pi Government n Commercial EI 4. Property Owner / Applicant [PCN Form A3 or A4]: Jake Palillo, Bi-Part Development 5. Agent / Consultant [PCN Form A5 — or ORM Consultant ID Number]: WEPG, PLLC c/o Heath Caldwell 6. Related Action ID Number(s) [PCN Form B5b]: 7. Project Location - Coordinates, Street Address, and/or Location Description [PCN Form B1b]: 35.4613, -80.7898 15229 JUNE WASHAM RD DAVIDSON NC 28036 8. Project Location - Tax Parcel ID [PCN Form B1a]: 00721112 9. Project Location —County [PCN Form A2b]: Mecklenburg 10. Project Location — Nearest Municipality or Town [PCN Form A2c]: Davidson 11. Project Information — Nearest Waterbody [PCN Form B2a]: West Branch Rocker River 12. Watershed / 8-Digit Hydrologic Unit Code [PCN Form B2c]:03040105 Authorization: Section 10 n Section 404 n Section 10 & 404 n Regulatory Action Type: pind m StaNationwide Permit # 4 n RegionaldarGeneralPerit Perm1it # n Jurisdictional Determination Request H Pre -Application Request Unauthorized Activity n Compliance ❑ No Permit Required Revised 20150602 Pre -Filing Meeting Request-Sedona Farms Amber Lipsky <amber.lipsky@wetlands-epg.com> To: "Perez, Douglas J" <doug.perez@ncdenr.gov> Cc: Heath Caldwell <heath.caldwell@wetlands-epg.com> Please see below/attached for our Pre -Filing information. Amber Lipsky <amber.lipsky@wetlands-epg.com> Tue, Apr 19, 2022 at 9:59 AM Contact Name: Heath Caldwell Contact Email Address: heath.caldwell@wetlands-epg.com Project Owner: Bi-Part Development, LLC Project Name: Sedona Farms Project County: Mecklenburg Owner Address: 18611 Starcreek Drive, Cornelius, NC 28031 Transportation Project: No Type(s) of approval sought from the DWR: 401 Water Quality Certification (Regular) Does this project have an existing project ID#?: No Do you know the name of the staff member you would like to request a meeting with?: Doug Perez Please give a brief project description below and include location information.: The site is located on 10.29 acres just north of June Washam Road and just south of West Branch Rocky River in Mecklenburg County, North Carolina. The topography consists of flat and gently sloped upland grading into moderate slopes, with the elevation ranging from 650 to 730 ft. Please let me know if you have any questions or need more information! Best, Amber Amber Lipsky Wetlands & Environmental Planning Group Leonard S. Rindner, PLLC www.wetlands-epg.com 401.339.4292 Sedona Farms_Context Maps.pdf 1826K WEPG Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. June 24, 2022 Assigned Project Manager U.S. Army Corps of Engineers Charlotte Regulatory Field Office 8430 University Executive Park Drive Charlotte, NC 28262 Mr. Douglas Perez NCDEQ Division of Water Resources 610 East Center Street, Suite 301 Mooresville, NC 28115 Mr. Paul Wojoski NCDEQ Division of Water Resources Wetlands & Storm Water Branch 512 North Salisbury Street Raleigh, NC 27604 Mr. Byron Hamstead U.S. Fish and Wildlife Service Asheville Field Office 160 Zillicoa St. Asheville, NC 28801 Subject: SAW-2022-00123; Pre -Construction Notification for NWP #14 for the Sedona Farms site in Davidson, Mecklenburg County, North Carolina USACE Assigned Project Manager, Messrs. Perez, Wojoski, and Hamstead, Enclosed is a request for Nationwide Permit #14 for the Sedona Farms site on 10.29 acres located along June Washam Road in Davidson, NC. The site is a proposed driveway to an existing residence and consists of two streams and two wetlands. A Preliminary Jurisdictional Determination Request for the site was authorized in January 2022. Please refer to the Jurisdictional Determination Information section for information on onsite surface waters. As shown on the attached exhibits, the proposed project will include permanent impacts to one stream and one wetland for a road crossing and associated grading requirements. Total permanent impacts proposed include 142 linear feet (0.013 AC) of stream impact to Stream A and 0.00046 acres of wetland impacts (Wetland B). Charlotte Office: I0612-D Providence Rd. PMB 550 Charlotte, NC 28277 (704) 904-2277 len.rindner@wetlands-epg.com www.wetlands-epg.com 1 Asheville Office: 1070 Tunnel Rd., Bldg. 1 Suite 10, PMB 283 Asheville, NC 28805 WEPG Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. Impacts associated with the proposed development were limited through design and location/orientation of the access routes. The impacts could not be avoided as the only feasible driveway connection would be off of the common drive, as shown. The property does have frontage on June Washam Road to the west but it is it is within a sharp horizontal curve that would not meet NCDOT sight distance requirements. Efforts of minimization were implemented during the design to preserve existing site hydrology and limit adverse effects to existing, onsite natural habitat. The culvert has been designed with retaining walls and 2:1 slopes to further limit impacts. The applicant has demonstrated avoidance and minimization efforts by keeping the majority of the site undeveloped and avoiding 68% of onsite streams and 99% of onsite wetlands. Due to limited site impacts, no mitigation is proposed. Also enclosed is a copy of our Threatened/Endangered Species Evaluation for the site. No listed species were identified within the project area and we believe that there will be no effect on listed species, or their critical habitat as designated under Section 7 of the Endangered Species Act. Please refer to the Threatened and Endangered Species Evaluation Section for additional details on the terrestrial species evaluation. Thank you for your consideration and please contact me if you have any questions, (704)999-5279 or email at heath.caldwell@wetlands-epg.com. Sincerely, Heath Caldwell, PWS Environmental Scientist Len Rindner, PWS Principal Charlotte Office: 106 12-D Providence Rd. PMB 550 Charlotte, NC 28277 (704) 904-2277 len.rindner@wetlands-epg.com www.wetlands-epg.com 2 Asheville Office: 1070 Tunnel Rd., Bldg. 1 Suite 10, PMB 283 Asheville, NC 28805 Permit Application Permit Application Office Use Only: Corps action ID no. DWQ project no. Form Version 1.4 January 2009 Pre -Construction Notification (PCN) Form A. Applicant Information 1. Processing la. Type(s) of approval sought from the Corps: ❑ Section 10 Permit X Section 404 Permit 1 b. Specify Nationwide Permit (NWP) number: 14 or General Permit (GP) number: lc. Has the NWP or GP number been verified by the Corps? ❑ Yes X No ld. Type(s) of approval sought from the DWQ (check all that apply): — Regular ❑ Non-404 Jurisdictional General Permit — Express ❑ Riparian Buffer Authorization X 401 Water Quality Certification ❑ 401 Water Quality Certification le. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: For the record only for Corps Permit: ❑ Yes X No ❑ Yes X No if. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. ❑ Yes X No lg. Is the project located in any of NC's twenty coastal counties. If yes, answer lh below. ❑ Yes X No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes X No 2. Project Information 2a. Name of project: Sedona Farms 2b. County: Mecklenburg 2c. Nearest municipality / town: 2d. Subdivision name: 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: Bi-Part Development 3b. Deed Book and Page No. 3c. Responsible Party (for LLC if applicable): Jake Palillo 3d. Street address: 18611 Starcreek Road 3e. City, state, zip: Cornelius, NC 28031 3f. Telephone no.: (704)363-7902 3g. Fax no.: 3h. Email address: jpalillo@aol.com Page 1 of 10 PCN Form — Version 1.4 January 2009 4. Applicant Information (if different from owner) 4a. Applicant is: ❑ Agent ❑ Other, specify: 4b. Name: 4c. Business name (if applicable): 4d. Street address: 4e. City, state, zip: 4f. Telephone no.: 4g. Fax no.: 4h. Email address: 5. Agent/Consultant Information (if applicable) 5a. Name: Heath Caldwell 5b. Business name (if applicable): Wetlands & Environmental Planning Group, PLLC 5c. Street address: 10612-D Providence Road, PMB 550 5d. City, state, zip: Charlotte, NC 28277 5e. Telephone no.: (704)999-5279 5f. Fax no.: 5g. Email address: heath.caldwell@wetlands-epg.com Page 2 of 10 B. Project Information and Prior Project History 1. Property Identification la. Property identification no. (tax PIN or parcel ID): 00721112 1 b. Site coordinates (in decimal degrees): Latitude: 35.4613 Longitude: -80.7898 1 c. Property size: 10.29 acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: West Branch Rocky River 2b. Water Quality Classification of nearest receiving water: C 2c. River basin: Rocky/03040105 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: The Sedona Farms site (+/- 10.29 acre) is located just north of June Washam Road and southwest of West Branch Rocky River in Mecklenburg County, North Carolina. The elevation is approximately 680-720 ft. The site is comprised of farmland with shed and outbuildings, wooded slopes, and a small portion of field. 3b. List the total estimated acreage of all existing wetlands on the property: 450 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 0.0866 3d. Explain the purpose of the proposed project: The proposed development includes impacts associated with a road crossing and associated grading for access to an existing residential property. 3e. Describe the overall project in detail, including the type of equipment to be used: Fill and grading of the site will use standard equipment, excavator, dump truck, track hoe, etc. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project (including all prior phases) in the past? X Yes ❑ No ❑ Unknown Comments: SAW-2022-00123 4b. If the Corps made the jurisdictional determination, what type of determination was made? X Preliminary Final 4c. If yes, who delineated the jurisdictional areas? Name (if known): Nic Nelson Agency/Consultant Company: WEPG Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. This site was verified by B. Roden -Reynolds (USACE) on 1/14/22. A copy of the signed JD approval is included in the Jurisdictional Determination Information section. 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? ❑Yes X No ❑Unknown 5b. If yes, explain in detail according to "help file" instructions. 6. Future Project Plans 6a. Is this a phased project? ❑ Yes X No 6b. If yes, explain. No future phases proposed. Page 3 of 10 PCN Form — Version 1.4 January 2009 C. Proposed Impacts Inventory 1. Impacts Summary la. Which sections were completed below for your project (check all that apply): ❑ Buffers ❑ Open Waters ❑ Pond Construction X Wetlands X Streams — tributaries 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. Wetland impact number Permanent (P) or Temporary (T) 2b. Type of impact 2c. Type of wetland 2d. Forested 2e. Type of jurisdiction Corps (404,10) or DWQ (401, other) 2f. Area of impact (acres) W1 P Fill Bottomland Hardwood Forest Yes Corps 0.00046 W2 - Choose one Choose one Yes/No - W3 - Choose one Choose one Yes/No - W4 - Choose one Choose one Yes/No - W5 - Choose one Choose one Yes/No - W6 - Choose one Choose one Yes/No - 2g. Total Wetland Impacts: 0.00046 2h. Comments: Wetland B 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. Stream impact number Permanent (P) or Temporary (T) 3b. Type of impact 3c. Stream name 3d. Perennial (PER) or intermittent (INT)? 3e. Type of jurisdiction 3f. Average stream width (feet) 3g. Impact length (linear feet) S1 P Culvert Stream A INT Corps 4 95 S2 P Stabilization Stream A INT Corps 4 22 S3 P Stabilization Stream A INT Corps 4 25 S4 - Choose one - - S5 - Choose one - - S6 - Choose one - - 3h. Total stream and tributary impacts 142 3i. Comments: S1- 0.0087 AC S2- No loss impact; Rip rap to be installed at existing stream bed elevations. 0.002 AC S3- No loss impact; Rip rap to be installed at existing stream bed elevations. 0.0023 Total acrage- 0.013 AC Page 4 of 10 PCN Form — Version 1.4 January 2009 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individually list all open water impacts below. 4a. Open water impact number Permanent (P) or Temporary (T) 4b. Name of waterbody (if applicable) 4c. Type of impact 4d. Waterbody type 4e. Area of impact (acres) 01 - Choose one Choose 02 - Choose one Choose 03 - Choose one Choose 04 - Choose one Choose 4f. Total open water impacts 4g. Comments: 5. Pond or Lake Construction If pond or lake construction proposed, then complete the chart below. 5a. Pond ID number 5b. Proposed use or purpose of pond 5c. Wetland Impacts (acres) 5d. Stream Impacts (feet) 5e. Upland (acres) Flooded Filled Excavated Flooded Filled Excavated P1 Choose one P2 Choose one 5f. Total: 5g. Comments: 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. 6a. Project is in which protected basin? ❑ Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Randleman ❑ Other: 6b. Buffer Impact number — Permanent (P) or Temporary (T) 6c. Reason for impact 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact (square feet) 6g. Zone 2 impact (square feet) B1 - Yes/No B2 - Yes/No B3 - Yes/No B4 - Yes/No B5 - Yes/No B6 - Yes/No 6h. Total Buffer Impacts: 6i. Comments: Page 5 of 10 D. Impact Justification and Mitigation 1. Avoidance and Minimization la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. Impacts associated with the proposed development were limited through design and location/orientation of the access route. Impacts could not be avoided as to the only feasible driveway connection would be off of the common drive as shown. The property does have frontage to the west but it is it is within a sharp horizontal curve that would not meet NCDOT sight distance requirements. The applicant has demonstrated avoidance and minimization efforts by keeping the majority of the site undeveloped and avoiding 68% of onsite streams and 99% of onsite wetlands. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Construction techniques will implement approved erosion control methods to avoid/minimize impacts to onsite/adjacent offsite receiving conveyances. Where possible, 2:1 slopes and the maximum allowable headwalls will be used to minimize crossing impacts. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? No ❑ Yes X 2b. If yes, mitigation is required by (check all that apply): ❑ DWQ ❑ Corps 2c. If yes, which mitigation option will be used for this project? ❑ Mitigation bank ❑ Payment to in -lieu fee program ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type: Choose one Type: Choose one Type: Choose one Quantity: Quantity: Quantity: 3c. Comments: 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. ❑ Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: Choose one 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non -riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Page 6 of 10 PCN Form — Version 1.4 January 2009 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? Yes X No 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund). 6h. Comments: Page 7 of 10 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? ❑ Yes X No 1 b. If yes, then is a diffuse flow plan included? If no, explain why. ❑ Yes ❑ No 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? oho 2b. Does this project require a Stormwater Management Plan? ❑ Yes X No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: Stormwater treatment is not required for the site. Built up area is under the threshold. 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: 2e. Who will be responsible for the review of the Stormwater Management Plan? 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? 3b. Which of the following locally -implemented stormwater management programs apply (check all that apply): X Phase II NSW ❑ USMP ❑ Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been attached? ❑Yes X No 4. DWQ Stormwater Program Review 4a. Which of the following state -implemented stormwater management programs apply (check all that apply): ❑Coastal counties ❑HQW ❑ORW ❑Session Law 2006-246 ❑Other: 4b. Has the approved Stormwater Management Plan with proof of approval been attached? ❑ Yes X No 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ❑ Yes ❑ No 5b. Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No Page 8 of 10 PCN Form — Version 1.4 January 2009 F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? ❑ Yes X No 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State (North Carolina) Environmental Policy Act (NEPA/SEPA)? ❑Yes ❑ No lc. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval letter.) Comments: ❑ Yes ❑ No 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, or Riparian Buffer Rules (15A NCAC 2B .0200)? ❑Yes X No 2b. Is this an after -the -fact permit application? ❑Yes X No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality? Yes X No 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. No additional phases proposed. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. Wastewater generated on the site will be transported to the nearest treatment facility via sewer lines. Page 9 of 10 PCN Form — Version 1.4 January 2009 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or habitat? ❑ Yes X No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts? ❑ Yes X No 5c. If yes, indicate the USFWS Field Office you have contacted. - 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? A threatened and endangered species assessment was conducted in which no species were identified. Habitat may occur for the Northern long-eared bat but the project is except as described in the attached T&E report. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes X No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? No essential fish habitat in this region. 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? ❑ Yes X No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? SHPO's website: https://nc.maps.arcgis.com/ Report from R.S. Webb and Associates 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? ❑ Yes X No 8b. If yes, explain how project meets FEMA requirements: 8c. What source(s) did you use to make the floodplain determination? www.fema.gov https://polaris3g.mecklenburgcountync.gov/ Heath Caldwell Applicant/Agent's Printed Name (662 r la 06-24-2022 Date Applicant/Agent's Signature (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 10 of 10 wrymemeseretrwmisrwmprzepowtoes WetJands and Env:ron+nental Planning Group Leonard S. Rindner, PLLC. Agent Authorization Letter The purpose of this form is to authorize our firm to act on your behalf in matters related to aquatic resource (i.e. stream/wetlands) identification/mapping and regulatory permitting. The undersigned, who are either registered property owners or legally authorized to conduct due diligence activities on the property as identified below, do hereby authorize associates of Leonard S. Rindner, PLLC, Wetlands and Environmental Planning Group (WEPG) to act on my behalf and take all actions necessary for the processing, issuance, and acceptance of applicable permit(s) and/or certification(s), Project/Site Name: Sedona Farms Property Address: 15229 DUNE WASHAM RD Parcel Identification Number (PIN): 00721112 Select one: I am an interested buyer/seller Name: Jacob Palillo Company: Bi-Part Development LLC Mailing Address: 18611 Starcreek Dr Cornelius, NC 28031 Telephone Number: 704-363-7902 Electronic Mail Address: JPalillog,aol.com Pt•o erty Owner / nterested Buyer* / Other* (bi) �r Date The Interested Buyer/Other acknowledges that an agreement and/or form& contract to purchase and/or conduct ctne diligence activities exists between the current property owner and the signatory of this authorization in cases where the property is not owned by the ,signatory. Chas•lo:te Office: I0612-D Providence Rd. PMB 550 Charlo,te, NC 28277 1,704)904-2277 .1Ln.rnadoe4i)\wtlands.•epg..7o n www weciards-epg.com 2 Asheville Office; 070 Tunnel Rd., Bldg. i Suite 10. PMB 283 Asheville, NC 28805 (828) 708-7059 ainalida.joles@werlands-epg.com Maps/Plans 2416 73 Carolina el Renaissance Festival Picture Me Grganized9 4%0 N 1.1 '0 PROPERTY BOUNDARY STUDY LIMITS 10.29 +/- AC C"fre Ct Dr Rallingdwe Hoyd C! June Wd Saddle m`�1 R. a Pa r 7 n Stacks 0, ':- 1� tr leas a so i 9,0 a a c a. a 12418 Dembrt flt West Branch Rockyg River Greenway at... 1 24181 West Branch Natures Preserve North Trailhead ■ Wetlands and Environmental Planning G Leonard S. Rindner, PLLC. len.rindner@wetlands-epg.com (704) 904-2277 www.wedands-epg.com Prepared for: BI-PART DEVELOPMENT SEDONA FARMS Mecklenburg Co., NC VICINITY MAP For study purposes only - Subject to USACE/NCDEQ verification Drawn By: BLK Reviewed By: DCK FIGURE 1 12/22/21 PROPERTY BOUNDARY STUDY LIMITS 10.29 +/- AC -4 60 y5� N, / Par cel Information Provided by Charlotte-Meck Polaris 3G PARCEL: 00721112 BI-PARTDEVELOPMENT 18611 STARCREEK RD CORNELIUS, NC 28031 Wetlands and Environmental Planning Gro Leonard S. Rindner, PLLC. len.rindner@wetlands-epg.com (704) 904-2277 www.wetlands-epg.com Prepared for: BI-PART DEVELOPMENT SEDONA FARMS Mecklenburg Co., NC PARCEL MAP For study purposes only - Subject to USACE/NCDEQ verification Drawn By: BLK Reviewed By: DCK FIGURE 2 12/22/21 Aerial Imagery Provided by Charlotte-Meck Polaris 3G Wetlands and Environmental Plannin Leonard S. Rindner, PLLC. len.rindner@wetlands-epg.com (704) 904-2277 www.wetlands-epg.com Prepared for: BI-PART DEVELOPMENT r � PROPERTY BOUNDARY STUDY LIMITS 10.29 +/- AC SEDONA FARMS Mecklenburg Co., NC AERIAL MAP For study purposes only - Subject to USACE/NCDEQ verification Drawn By: BLK Reviewed By: DCK FIGURE 3 12/22/21 LOCATION Lat: 35.4613 2N Long: 80.7898 2W H UC: 03040105 ■ Wetlands and Environmental Planning Grou Leonard S. Rindner, PLLC. len.rindner@wetlands-epg.com (704) 904-2277 www.wedands-epg.com PROPERTY BOUNDARY STUDY LIMITS 10.29 +/- AC USGS QUAD Cornelius, NC 1993 Prepared for: SCALE 1:24,000 BI-PART DEVELOPMENT WEST BRANCH ROCKY RIVER SEDONA FARMS Mecklenburg Co., NC USGS MAP For study purposes only - Subject to USACE/NCDEQ verification Drawn By: BLK Reviewed By: DCK FIGURE 4 12/22/21 r PROPERTY BOUNDARY STUDY LIMITS 10.29 +/- AC NRCS Soil Survey Manuscript Mecklenburg County 1980 Map Unit Symbol Map Unit Name Acres In AOI Percent of AOI CeB2 Cecil sandy clay loam, 2 to 8 percent slopes, moderately eroded 1.4 13.2% CeD2 Cecil sandy clay loam, 8 to 15 percent slopes, moderately eroded 0.5 4.5% EnB non sandy loam, 2 to 8 percent slopes 0.5 5.0% EnD Enon sandy loam, 8 to 15 percent slopes 1.8 16.9% WkE Wilkes loam, 15 to 25 percent slopes 6.4 60.4% Totals for Area of Interest 10.6 100.0% Wetlands and Environmental Planning Gro Leonard S. Rindner, PLLC. len.rindner@wetlands-epg.com (704) 904-2277 www.wetlands-epg.com Prepared for: BI-PART DEVELOPMENT SEDONA FARMS Mecklenburg Co., NC SOIL SURVEY MANUSCRIPT MAP For study purposes only - Subject to USACE/NCDEQ verification Drawn By: BLK Reviewed By: DCK FIGURE 5 12/22/21 No FEMA Floodplain as per Charlotte — Meck Polaris 3G Wetlands and Environmental Planning Gro Leonard S. Rindner, PLLC. len.rindner@wetlands-epg.com (704) 904-2277 www.wetlands-epg.com Prepared for: BI-PART DEVELOPMENT SOIL SURVEY MANUSCRIPT MAP For study purposes only - Subject to USACE/NCDEQ verification Drawn By: BLK Reviewed By: DCK so 12/22/21 OR JO C KS Y B 3 LeT L•T B :9, WETLANDS D ±3,600 SF (0.0826 AC) EX. SHED (TO BE REMOVED) SETBACKS (TYP.) c'o: 007-211- • 8 WAYNE H. BLA "D DB 1387, P11: MB36,P 44 • 422 NE WA:HAMR AD 60' PLBLIC R/ 'DB 2302, PG 5) *SEE NOTE # 0 START/END OF STREAM A&Ccz78,-44110 5 s/H�\/ i ( � � T e� WETLANDS B ±174 SF (0.004 AC) \'cS\ D •07-.11-s6 DA D •R LAURK••&N 28792, ° 883 KAR D(. G7a .48,•9A SQ. F 16.2:7 ACRE 2.5' CHANNEL IF ANY CONFLICTS, DISCREPANCIES, OR OTHER UNSATISFACTORY CONDITIONS ARE DISCOVERED, EITHER ON THE CONSTRUCTION DOCUMENTS OR THE FIELD CONDITIONS, THE CONTRACTOR MUST NOTIFY HENSON FOLEY, INC IMMEDIATELY, AND SHALL NOT COMMENCE OPERATION UNTIL THE CONFLICTS, DISCREPANCIES, OR OTHER UNSATISFACTORY CONDITIONS ARE RESOLVED. THIS SURVEY WAS PROVIDED BY OTHERS AND IS INCLUDED AS REFERENCE ONLY SURVEY BY: PROFESSIONAL PROPERTY SURVEYORS INC. FIRM LICENSE: C-3666 18355 OLD STATESVILLE RD. SUITE A CORNELIUS, NC 28031 (704) 765-5134 NOTE: PLANS WERE CREATED USING A COMBINATION OF SURVEYED TOPO AND GIS TOPO. IF GRADING CONFLICTS ARISE, CONTACT ENGINEER r STREAM C (PERENNIAL) ± 60 LF \\\\��T // STREAM A (INTERMITTENT) ± 390 LF EX. COMMON DRIVE / 007- W FWAM D DB3 77( \Joco 720' _ i 107. i w NORTH ARROW E 0 50 100 1 " = 100 ft. GRAPHIC SCALE co 0 J ) L.L Z 0 0 LLI V) No C`') O CO C\I Z Z 0 0 0 0 uo Z o� C\I C\I EXISTING CONDITIONS Dare: 6/2/2022 Drawn by: KI W He name: Project no.: 222003 Revisions: EX01 CO2 - EXISTING CONDITIONS.DWG - PLOT: Kennedy - THU. 6-2-2022 3:25 PM 007-211-11 KURIAN KOSITYJR JOYCE KOSHY DB 36700, PG 600 LOT 3 MB 569, PG 137/ i `yo 007-211-05 Lu x H- O N 2 0 H m Lu S.R. 2422 JUNE WASHAM ROAD 60' PUBLIC R/W (DB 2302, PG 505) *SEE NOTE #10 705 710 007-211-08 WAYNE H. BALLARD DB 1387, PG 118 MB 36, PG 447 \` \ \ ` \\ \\\''s- \\ Aft. 4A alp \ •N4 A 1 \* 0 ‘ It \ i .7OIIF 11 r\::: elf f !\:11!0%:,'.44‘41S:::‘0, e:,: N ' N ff'7,;;,i k \k _A \ \*\ * N6 41 co SHED 007-211-06 DAVID KORAN LAURA KORAN DB 28792, PG 883 KAR D(. al° soCO 00 LOT 4 #007-211-12 448,094 SQ. FT. 10.287 ACRES ll 2.5' CHANNEL 007.211-07 ^' L7 0 695 700 i LOT 5 #007-211-13 442,145 SQ. FT. 10.150 ACRES 705 • St 007- WILLIAM D DB 367( L( MB 56! 775, oco 720' %O i i w NORTH ARROW E 0 50 100 1 " = 100 ft. GRAPHIC SCALE co 0 J ) ^L/ I..L Z 0 0 V) O CO C\I Z Z 0 0 0 0 w Z o� C\I CV LO OVERALL IMPACTS PLAN Dare: 6/2/2022 Drawn by: KIW File name: Project no.: 222003 Revisions: EX02 C06 - GRADING.DWG - PLOT: Kennedy - THU. 6-2-2022 3:26 PM • ,.t/:.7 10‘_ t4 t"b k 34.2 LF OF 36" CMP © 3.0% SLOPE soo ±48 LF OF IMPACT FROM NEW CULVERT (0.0044 AC) / STREAM STREAM IMPACT 1 ±95 LF OF DISTURBANCE ±0.0087 AC OF IMPACT RIP -RAP UP TO WETLANDS © PERMANENT DITCH OUTFALL 5/ b1 WETLAND IMPACT 1 ±20 SF (0.00046 AC) DISTURBANCE EXISTING WETLANDS B RIP -RAP APRON FOR 36" CMP © EX. STREAM ELEVATION 664.90 (SEE DETAIL SHEET C10 FOR SIZING) ±25 LF OF IMPACT FROM APRON (0.0023 AC) (c i END/ START OF STREAM'S A AND C L/// // /// // /// RIP -RAP APRON FOR 36 CMP © EX. STREAM ELEVATION 664.20 (SEE DETAIL SHEET C10 FOR SIZING) ±22 LF OF IMPACT FROM APRON (0.002 AC) 01-HDW INV IN:663.32 (02-HDW) DISTURBED LIMITS LINE (TYP.) rv�n� RIP -RAP BANK AT PERMANENT DITCH OUTFALL PROP. RETAINING WALLS (DESIGNED BY OTHERS) 1;1 stif 1 I RIP -RAP BANK AT PERMANENT DITCH OUTFALL END OF IMPACT STREAM 680 w NORTH ARROW E 0 10 20 1"=20ft. GRAPHIC SCALE co 0 ) ^L/ I..L Z 0 0 w V) O CO C\I Z Z 0 0 0 0 w Z o C\I C\I Date: 6/2/2022 Draw by: KIW File name: Project no.: 222003 Revisions: EX03 C06 - GRADING.DWG - PLOT: Kennedy - THU. 6-2-2022 3:26 PM 680 680 GRADE 675 PROP. 675 fPROP. RETAINING WALL HEADWALL 670 PROP. RETAINING HEADWALL WALL 670 \ EX. GRADE 665 1 665 PROP. © EX. STREAM RIP -RAP ELEVATION APRON PROP RIP -RAP APRON © EX. STREAM ELEVATION 34.2 LF OF 36' CMP © 3.0% SLOPE 660 (BURIED 8") 660 ,0 o `� L up ° `..0 00 • `..0o `..0 �o o `..0o �o 0+00 0+50 STREAM PROFILE 1"=40' 1+00 690 PVI STA: 4+52.87 PVI ELEV: 668.69 K: 10.47 LVC: 233.71 690 c 0 LOW PT. STA: 4+50.58 LOW PT ELEV. 675.21 N co + M 685 675 70 665 36" CMP I 60 i EX. GRADE BURIED 8" BELOW EX. STREAM ELEVATION AT INVERTS 85 675 670 665 660 680.04 680.042 676.43 676.433 675.21 675.211 676.38 676.377 679.93 0, N. ,0 3+50 4+00 4+50 5+00 5+50 LOT 4 DRIVEWAY PROFILE 1"=60' w NORTH ARROW E co 0 J V) ^/ Z 0 0 w v) CN CN O 0 J LL U CY 0_ Z 0 O CO CN Z Z 0 0 0 0 uo uJ Z o� CN CN V) LLJ J LL 0 0 Date: 6/2/2022 Drawn by: KIW Filename: w Project no.: 222003 Revisions: EX04 C06 - GRADING.DWG - PLOT: Kennedy - THU. 6-2-2022 3:26 PM Jurisdictional Determination Information USACE / ! WETAND . i FORM D .li 1 WETLAND D , ` ', � �� ----___„„de 0.0826 AC , //� USACE UPLAND DP1 f l // NCDEQ STREAM FORM C ` --- �- ���\ '`5 PERENNIAL STREAM C \ \ 1 , PROPERTY BOUNDARY 0 STUDY LIMITS 10.29 AC +/- '. `_� WETLAND B - -0.004 AC ;�—` v__ > , ', J ,. INTERMITTENT STREAM A _ -390 LF LEGEND \ J El Project boundary study limits 1! Stream /21 Wetland # Landscape photo direction NCDEQ STREAM FORM A 0 75 150 300 �, ; - Feet ,ry A • Wetlands and Environmental PlanningGro . Leonard S. Rindner, PLLC. len.rindner@wetlands-epg.com (704) 904-2277 www.wet la nds - e p g. c o m I Prepared for: BI-PART DEVELOPMENT SEDONA FARMS Mecklenburg Co., NC Drawn By: NRN Reviewed By: DCK FIGURE 7 DELINEATION MAP For study purposes only - Subject to NCDEQ/USACE Verification 12/16/21 SAW-2022-00123 Requestor: Address: Telephone Number: E-mail: Size (acres) Nearest Waterway USGS HUC U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2022-00123 County: Mecklenburg U.S.G.S. Quad: NC -Cornelius NOTIFICATION OF JURISDICTIONAL DETERMINATION Bi-Part Development, LLC Jake Palillo 18611 Starcreek Drive Cornelius, NC 28031 704-363-7902 ipalillo(a aol.com —10 Nearest Town Davidson Rocky River River Basin Upper Pee Dee 03040105 Coordinates Latitude: 35.4613 Longitude: -80.7898 Location description: The review area is located on the north side of June Washam Road; approximately 0.8 miles north of the intersection of June Washam Road and Shearer Road. PIN: 00721112. Reference review area description shown in the Jurisdictional Determination Request package entitled "Figure 1, Vicinity Map" and dated 12/22/21. 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 12/16/2021. 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. SAW-2022-00123 ❑ 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 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-revnolds(a,u sace.armv.mil. C. Basis For Determination: Basis For Determination: See the preliminary jurisdictional determination form dated 01/14/2022. D. Remarks: None E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and Request for Appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Mr. Philip A Shannin Administrative Appeal Review Officer 60 Forsyth Street SW, Floor M9 Atlanta, Georgia 30303-8803 AND PHILIP.A.SHANNIN@USACE.ARMY.MIL In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by Not applicable. **It is not necessary to submit an RFA fnrm to the fivicion Office if you do not object to the determination in this correspondence.** Bryan Roden -Reynolds Corps Regulatory Official: 2022.01.14 12:29:09-05'00' SAW-2022-00123 Date of JD: 01/14/2022 Expiration Date of JD: Not applicable The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete our Customer Satisfaction Survey, located online at https://regulatory.ops.usace.army.mil/customer-service-survey/. Copy Fumished: Agent: Wetlands and Environmental Planning Group Heath Caldwell Address: 10612-D Providence Road Charlotte, NC 28277 Telephone Number: 704-999-5279 E-mail: heath.caldwell(awetlands-epg.com PROCESS AND NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND REQUEST FOR APPEAL Applicant: Bi-Part Development, LLC Jake Palillo File Number: SAW-2022-00123 Date: 01/14/2022 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 PRELIMINARY JURISDICTIONAL DETERMINATION E x SECTION Additional ctrAg I - The following identifies your rights and options regarding an administrative appeal information may be found at or http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits.aspx of the above decision. 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 fmal 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 • signature rights • this PERMIT: You may accept or appeal the permit ACCEPT: If you received a Standard Permit, you may sign the permit document and return authorization. If you received a Letter of Permission (LOP), you may accept the LOP and on the Standard Permit or acceptance of the LOP means that you accept the permit to appeal the permit, including its terms and conditions, and approved jurisdictional permit. APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of you may appeal the declined permit under the Corps of Engineers Administrative Appeal it to the district engineer for fmal your work is authorized. Your in its entirety, and waive all determinations associated with the certain terms and conditions therein, Process by completing Section II of the division engineer within 60 days form and sending the form to the division engineer. This form must be received by of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers completing Section II of this form and sending the form to the division engineer. This form engineer within 60 days of the date of this notice. Administrative Appeal Process by must be received by the division D: APPROVED information. • • JURISDICTIONAL DETERMINATION: You may accept or appeal the ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify date of this notice, means that you accept the approved JD in its entirety, and waive all APPEAL: If you disagree with the approved JD, you may appeal the approved JD under Administrative Appeal Process by completing Section II of this form and sending the form approved JD or provide new the Corps within 60 days of the rights to appeal the approved JD. the Corps of Engineers 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 proffered permit in clear concise statements. You may attach objections are addressed in the administrative record.) reasons for appealing the decision or your objections to an initial additional information to this form to clarify where your reasons or ADDITIONAL INFORMATION: The appeal is limited to a record of the appeal conference or meeting, and any supplemental clarify the administrative record. Neither the appellant nor the review of the administrative record, information that the review Corps may add new information the location of information that the Corps memorandum for the officer has determined is needed to or analyses to the record. is already in the administrative However, you may provide additional information to clarify record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision and/or the appeal process you may contact: District Engineer, Wilmington Regulatory Division Attn: Bryan Roden -Reynolds Charlotte Regulatory Office U.S Army Corps of Engineers 8430 University Executive Park Drive, Suite 615 Charlotte, North Carolina 28262 If you only have questions regarding the appeal process you may also contact: MR. PHILIP A. SHANNIN ADMINISTRATIVE APPEAL REVIEW OFFICER CESAD-PDS-O 60 FORSYTH STREET SOUTHWEST, FLOOR M9 ATLANTA, GEORGIA 30303-8803 PHONE: (404) 562-5136; FAX (404) 562-5138 EMAIL: PHILIP.A.SHANNIN@USACE.ARMY.MIL RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15-day notice of any site investigation, and will have the opportunity to participate in all site investigations. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: Bryan Roden -Reynolds, 69 Darlington Avenue, Wilmington, North Carolina 28403 For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Philip Shannin, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: 01/14/2022 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Bi-Part Development, LLC, Jake Palillo, 18611 Starcreek Drive, Cornelius, NC 28031 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Sedona Farms, SAW-2022- 00123 D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The review area is located on the north side of June Washam Road; approximately 0.8 miles north of the intersection of June Washam Road and Shearer Road. PIN: 00721112. Reference review area description shown in the Jurisdictional Determination Request package entitled "Figure 1, Vicinity Map" and dated 12/22/21. (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: NC County: Mecklenburg City: Davidson Center coordinates of site (lat/long in degree decimal format): Latitude: 35.4613 Longitude: -80.7898 Universal Transverse Mercator: Name of nearest waterbody: Rocky River E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): Z Office (Desk) Determination. Date: 01/14/22 Field Determination. Date(s): TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION Feature Latitude (decimal degrees) Longitude (decimal degrees) Estimated amount of aquatic resources in review area (acreage and linear feet, if applicable Type of aquatic resources (i.e., wetland vs. non- wetland waters) Geographic authority to which the aquatic resource "may be" subject (i.e., Section 404 or Section 10/404) Stream A 35.46030000 -80.78840000 368 linear feet Non -wetland 404 Wetland B 35.46100000 -80.78880000 0.002 acre Wetland 404 Stream C 35.46120000 -80.78850000 60 linear feet Non -wetland 404 Wetland D 35.46260000 -80.78940000 0.04 acre Wetland 404 1. The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an approved JD (AJD) for that review area based on an informed decision after having discussed the various types of JDs and their characteristics and circumstances when they may be appropriate. 2. In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre- construction notification" (PCN), or requests verification for a non -reporting NWP or other general permit, and the permit applicant has not requested an AJD for the activity, the permit applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit authorization based on a PJD, which does not make an official determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an AJD could possibly result in less compensatory mitigation being required or different special conditions; (3) the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) undertaking any activity in reliance upon the subject permit authorization without requesting an 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- ® Data sheets prepared/submitted by or on behalf of the PJD requestor. Datasheets: ® Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. Rationale: ❑ Data sheets prepared by the Corps: ❑ Corps navigable waters' study: ❑ U. S. Geological Survey Hydrologic Atlas: ❑ USGS NHD data: ❑ USGS 8 and 12 digit HUC maps: ® U.S. Geological Survey map(s). Cite scale & quad name- Figure 4, USGS Map (7.5-minute quadrangle Cornelius, NC) ® Natural Resources Conservation Service Soil Survey. Citation: Figure 5, Soil Survey Manuscript (Soil Survey of Mecklenburg County Dated 1980) and Figure 6, Soil Survey Manuscript Map (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 Map (Dated 12/22/21), Figure 3, Aerial Map (Dated 12/22/21), and Figure 7, Delineation Map (Dated 12/16/21) or Z Other (Name & Date): Photographs 1-4 ❑ Previous determination(s). File no. and date of response letter: ® Otherinformation(pleasespecify): Figure 2, Parcel Map (Dated 12/22/21) and Stream Reach Evaluation Forms (Dated 12/16/21) 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 2022.01.14 12:28:45-05'00' Signature and date of Regulatory Signature and date of person requesting PJD staff member completing PJD (REQUIRED, unless obtaining the signature is 01/14/2022 impracticable)' 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. Threatened & Endangered Species Report a--+ L O Q cc v) a) u a) Q cn 75 aV s_ aV 01 C (11 75 C w 06 75 aV C aV "ICES' s_ H WEPG Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. Threatened / Endangered / Protected Species Evaluation Charlotte Office: 106 12-D Providence Rd. PMB 550 Charlotte, NC 28277 (704) 904-2277 len.rindner@wetlands-epg.com For: Sedona Farms Mecklenburg County, North Carolina By: Lisa R. Gaffney, Biologist Field investigation May 2, 2022 www.wetlands-epg.co r i Asheville Office: 1070 Tunnel Rd., Bldg. I Suite 10, PMB 283 Asheville, NC 28805 Sedona Farms — Threatened / Endangered / Protected Species Evaluation GENERAL LANDSCAPE DESCRIPTION: The Sedona Farms site (+/- 10.29 acre) is located just north of June Washam Road and southwest of West Branch Rocky River in Mecklenburg County, North Carolina. The site can be found on the Cornelius USGS Topographic Quadrangle Map; latitude is 35.4613 °N, longitude is -80.7898 °W. The elevation is approximately 680-720 ft. The site is comprised of farmland with shed and outbuildings, wooded slopes, and a small portion of field. (Figures 1-4). Figure 1: USGS MAP LOCATION Lat: 35.4613 °N Long: 80.7898 °W H U C: 03040105 ROCKY Werlands and Ernirnnmenta3 Planni,lq Group Leonard S. Rindner, PLLC. len, rindn er5 wedands-¢pg.coda C704) 904-2277 www.wetlands-r pg,corn PROPERTY BOUNDARY STUDY LIMITS 10.29+1- AC USGS QUAD Cornelius, NC ' SCALE 1993 1:24,000 Prepared for: JAKE PALILLO \A/ E PG For: Jake Pallillo Wetlands and Environmental Planning Group WEST BRANCH ROCKY RIVER SEDONA FARMS Mecklenburg Co., NC USGS MAP For study purposes only - Subject to USAGE/MCD EQ verl»cation Drawn By: BLK Reviewed By: FIGURE 1 12/22/21 2 Leonard S. Rindner, PLLC. Sedona Farms — Threatened / Endangered / Protected Species Evaluation Figure 2: VICINITY MAP Pt� Picture Me Organized 9 t 4. nC. Hp 4 4. PROPERTY BOUNDARY STUDY LIMITS 10.29+/-AC D Dta Der.ahwz'vr June W S � 1,0 West Branch Rocky r, Riser Greenway at.. FEED West Branch Nature© Preserve North Trailhead FEWTO Wedards and Emircmnemal pennIrdLnnup Leo. d S. RIN.b., PELL M,..,na *.wr .mm Odd) 904.7277 Mwwavedanda-encen, Prepared for: JAKE PALILLO SEDONA FARMS Mecklenburg Co., NC VICINITY MAP For study purposes only - Sobbed to USACF/HcDEQ ver7ffcadon Drawn By: BLK Reviewed By: FIGURE 2 12/22/21 \A/ E PG For: Jake Pallillo 3 Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. Sedona Farms — Threatened / Endangered / Protected Species Evaluation Figure 3: AERIAL MAP Aerial Imagery Provided by Charlotte -Meek Polaris 3G week e, end &iwian ae Fukttin Group Leonard 5. Partner. PLLC. Ien nndne.G wires-epg <an (70+11901-2777 ww....w.rtrds-ap,can I;rcporod TARE PALILLO PROPERTY BOUNDARY STUDY LIMITS 10.29+,-AC j SEDONA FARMS Mecklenburg Co., NC AERIAL MAP For study purposes only - Subject to US4CEINCOE4 venfiratfon Drawn By E L< Reviewed By: FIGURE 3 12/22/21 \A/ E PG For: Jake Pallillo 4 Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. Sedona Farms — Threatened / Endangered / Protected Species Evaluation Figure 4: NRCS SOIL MAP PROPERTY BOUNGAR STUDY LIMITS 10.29 ♦/- AC NRCS Soil Survey Manuscript Mecklenburg County 1980 Men 17ni1 Symbol Map Una Neme Acne In A01 Percent of Aa Ce62 Case card, lay loam 21o6 pnnenr CJDpe:. bpdel1Nly craaee 1A ceO2 Cad bandy 005100M 4 In 15 percent Nopos, rwtleramly around GS e ..-4.: En6 EnOnppn5r loam. 2 n a percent doss PS 5C., Eno Enee Sandi MM. a 1p 16 meant elopes 1.a WI& roses fnr Arne of lnlernel Mean Ism 1s1e25peron1 Lopes 64 10 6 674-• 1534,4 nds and En.wrnend Penning Gr111510 Leonard 11 3:r4r.a , PLLC Feenndnbo wadenea-oven,+ (lad 96a-1177 anew wel6nds.eaa.ccrn Prepared for: JAKE PALILLO SEDONA FARMS Mecklenburg Co., NC SOIL SURVEY MANUSCRIPT MAP For study purposes only - Subject to LISACEINCOE4 verijia7fran Drawn By: BLK Reviewed By: FIGURE 4 12/22.f21 \A/ E PG For: Jake Pallillo 5 Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. Sedona Farms — Threatened / Endangered / Protected Species Evaluation METHODOLOGY: The US Fish and Wildlife Service website https://ipac.ecosphere.fws.gov/location/SOT515VQ3FFMTLUCF6P2BBN7RQ/res ources was referenced to determine the occurrence of Threatened, Endangered and Protected species for the Sedona Farms site in Mecklenburg County, North Carolina, the results of which are listed below (Table 1). Maps and aerial photographs were assembled, and the site was investigated on May 2, 2022 Table 1: Threatened / Endangered / Protected Species listed for the Sedona Farms site in Mecklenburg County County: Mecklenburg, NC *Source: US Fish & Wildlife Service **Data search on May 2, 2022 Group Vas Vas Vas Ver Name Status cular Plants Schweinitz's Sunflower (Helianthus Endangered schweinitzii) cular Plants Smooth Coneflower (Echinacea Endangered laevigata) cular Plants Michaux's Sumac (Rhus michauxii) Endangered tebrate Northern Long -Eared Bat (Mvotis Threatened septentrionalis) Invertebrate Carolina Heelsplitter (Lasmigona decorata) Endangered Vertebrate Bald Eagle (Haliaeetus Protected under the Bald leucocephalus) and Golden Eagle Protection Act #01051 For: Jake Pallillo 6 Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. .Sedona Farms Threatened / Endangered / Protected .Species Evaluation SPECIES DESCRIPTIONS: Three plant species with federal protection are listed as potentially occurring in Mecklenburg County: • Schweinitz's Sunflower (Helianthus schweinitzii), listed as Federally Endangered, is typically found in open habitats which historically have been maintained by wildfires and grazing bison and elk herds. Now most occurrences are limited to roadsides, woodland and field edges, and utility rights -of -way (ROW). • Smooth Coneflower (Echinacea laevigata), listed as Federally Endangered, is typically found in open woods, cedar barrens, roadsides, clear cuts, dry limestone bluffs and power line rights -of -way, requiring abundant sunlight and little competition from other plant species. • Michaux's Sumac (Rhus michauxii), listed as Federally Endangered, requires habitat of sandy forests and woodland edges. This species requires periodic fire as a part of its ecology. Three animal species with federal protection are listed as potentially occurring in Mecklenburg County: • Bald Eagle (Haliaeetus leucocephalus), protected by the Bald and Golden Eagle Protection Act, typically inhabits forested areas near large bodies of open water such as lakes, marshes, seacoasts and rivers, where there are suitable fish populations and tall trees for nesting and roosting. • Carolina Heelsplitter (Lasmigona decorata), listed as Federally Endangered, is restricted to cool, clean, well -oxygenated water. Stable, silt- free stream beds are required for this species. Typically, stable areas occur where the stream banks are well -vegetated with trees and shrubs. • Northern Long-eared Bat (Myotis septentrionalis), listed as Federally Threatened. During summer, northern long-eared bats roost singly or in colonies underneath bark, in cavities, or in crevices of both live and dead trees. Males and non -reproductive females may also roost in cooler places, like caves and mines. It has also been found, rarely, roosting in structures like barns and sheds. Northern long-eared bats spend winter hibernating in caves and mines, called hibernacula. VYEPG For: Jake Pallillo 7 Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. .Sedona Farms' Threatened / Endangered / Protected Species Evaluation RESULTS: The site is comprised of farmland with shed and outbuildings, wooded slopes, and a small portion of field. The disturbed wooded slopes on the site are covered with a mature mixed hardwood community. Canopy trees are White Oak (Quercus alba), Red Oak (Q. rubra), Willow Oak (Q. phellos), Mockernut Hickory (Carya tomentosa), Shagbark Hickory (Carya ovata), American Beech (Fagus grandifolia), American Elm (Ulmus americana), White Ash (Fraxinus americana), Sweet gum (Liquidambar styraciflua), Yellow Poplar (Liriodendron tulipifera), Sycamore (Platanus occidentalis), and Shortleaf Pine (Pinus echinata). The subcanopy is composed of Red Maple (Acer rubrum), Ironwood (Celtis laevigata), Flowering Dogwood (Corpus florida), Red Mulberry (Morus rubra), American Holly (Ilex opaca), Black Cherry (Prunus serotina), Redbud (Cercis canadensis), Paw Paw (Asimina triloba), and Sourwood (Oxydendrum arboreum). The shrub layer includes Blueberry (Vaccinium sp.), Strawberry Bush (Euonymus americanus), Sweet Shrub (Calycanthus floridus), Spicebush (Lindera benzoin), Russian Olive (Elaeagnus umbellata), and Chinese Privet (Ligustrum sinense). The herb layer is dominated by Japanese Stilt -grass (Microstegium vimineum), with Christmas Fern (Polystichum acrostichoides), Chickweed (Stellaria media), Bedstraw (Galium sp.), and Ebony Spleenwort (Asplenium platyneuron) also occurring. Vines present are Japanese Honeysuckle (Lonicera japonica), Virginia Creeper (Parthenocissus quinquefolia), Muscadine (Vitis rotundifolia), Crossvine (Bignonia capreolata), Catbrier (Smilax sp.), and Poison Ivy (Toxicodendron radicans). The assemblage of plants growing in the transitional edges of the field, woods edges, and mowed roadside includes Fescue (Festuca sp.), Rye Grass (Elymus sp.), Barnyard Grass (Echinochloa crusgalli), Broomsedge (Andropogon virginicus), Panic Grass (Panicum sp.), Sericea Lespedeza (Lespedeza cuneata), Buttercup (Ranunculus sp.), Shepherd's Purse (Capsella bursa- pastoris), Queen Anne's Lace (Daucus carota), Bull Thistle (Carduus pumilus), Rabbit Tobacco (Gnapthalium obtusifolium), St. John's Wort (Hypericum punctatum), Venus' Looking Glass (Specularia perfoliata), Poke Weed (Phytolacca americana), Japanese Honeysuckle (Lonicera japonica), Trumpet Creeper (Campsis radicans), Blackberry (Rubus sp.), Red Cedar (Juniperus virginiana), and Chinese Privet (Ligustrum sinense). VYEPG For: Jake Pallillo 8 Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. .Sedona Farms' Threatened / Endangered / Protected Species Evaluation Threatened & Endangered/Protected Species Results • All potential habitats for Schweinitz's Sunflower along the roadsides, field, and woods edges were examined, however, these areas are frequently mowed creating marginally suitable habitat, and the species was not observed. WEPG concludes Schweinitz's Sunflower (Helianthus schweinitzii) does not occur on the site. • All potential habitats for Smooth Coneflower along the roadsides, field, and woods edges were examined, however, these areas are frequently mowed creating marginally suitable habitat, and the species was not observed. WEPG concludes Smooth Coneflower (Echinacea laevigata) does not occur on the site. • All potential habitats for Michaux's Sumac along the roadsides, field, and woods edges were examined, however, these areas are frequently mowed creating marginally suitable habitat, and the species was not observed. WEPG concludes Michaux's Sumac (Rhus michauxii) does not occur on the site. • No suitable habitat exists on the site for Bald Eagles. WEPG concludes Bald Eagle (Haliaeetus leucocephalus) does not occur on the site. • Based on existing documentation, Carolina Heelsplitter populations have not been identified within this basin. WEPG concludes Carolina Heelsplitter (Lasmigona decorata) does not occur on the site. • Comparing this site location to the USFWS Asheville office's website (http://www.fws.gov/asheville/htmis/project_review/NLEB_in_WNC.html) WEPG concludes the site meets the "exempt" criteria which requires no further action under section 7 of the Endangered Species Act for the Northern Long-eared Bat. #01051 For: Jake Pallillo 9 Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. Sedona Farms — Threatened / Endangered / Protected Species Evaluation RECOMMENDATIONS: Based on the site investigation and the review of available data, WEPG did not identify any protected species occurring on the subject property. No further investigation of the presence of protected species on the site is recommended at this time. Respectfully submitted, Lisa R. Gaffney Biologist May 2, 2022 WEPG O1O51 For: Jake Pallillo 10 Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. .Seclona Farms Threatened / Endangered / Protected Specie.s' Evaluation Curriculum Vitae for: Lisa R. Gaffney Biologist / Botanist B.S. Biology, University of North Carolina at Charlotte Ms. Gaffney is a classically trained botanist and natural resource biologist and has conducted field work and investigative studies covering thousands of cumulative acres in both North and South Carolina since 1996, including: • Discovered Schweinitz's Sunflower at Redlair Farm in Gaston County, NC. which led to the purchase of the site by the State of North Carolina Plant Conservation Program, now called Redlair Preserve. This population has become a Recovery Site for the species. • Located and identified numerous previously unreported populations of Federally Endangered Schweinitz's Sunflower (Helianthus schweinitzii). • Located and identified numerous previously unreported populations of Threatened Dwarf Heartleaf (Hexastylis naniflora). • Cabarrus County NC Natural Heritage Inventory. Organized, directed, and conducted field survey of natural areas in Cabarrus County for the North Carolina Natural Heritage Program. • Lincoln County NC Natural Heritage Inventory. Organized, directed, and conducted field survey of natural areas in Lincoln County for the North Carolina Natural Heritage Program. • Threatened and Endangered Species Surveys and Natural Communities Evaluation for over 55,000 acres in North and South Carolina, 1996 - present. • Participated in numerous Piedmont Prairie restoration projects in both North and South Carolina. VYEPG For: Jake Pallillo 11 Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. Cultural Resources Report R.S. Webb & Associates Cultural Resource Management Consultants 2800 Holly Springs Parkway, Suite 200 • P.O. Drawer 1319 Holly Springs, Georgia 30142 Phone: 770-345-0706 • Fax: 770-345-0707 June 17, 2022 Ms. Amber Lipsky Leonard S. Rindner, PLLC Wetlands & Environmental Planning Group 3714 Spokeshave Lane Matthews, North Carolina 28105 Subject: Findings - Cultural Resources Literature Review Sedona Farms Development Tract Hopewell, Mecklenburg County, North Carolina R.S. Webb & Associates No. 22-649-183 Dear Ms. Lipsky: BACKGROUND During May and June 2022, R.S. Webb & Associates (RSWA) conducted a cultural resources literature review for the Sedona Farms development tract in the Hopewell area of Mecklenburg County, North Carolina. The project area covers approximately 10.3 acres and is located north of June Washam Road and west of West Branch Rocky River in northeastern Mecklenburg County (Figure 1). For this study, a cultural resource is defined as a discrete area of human activity that is at least 50 years old. Cultural resources include, but are not limited to, archeological sites, historic structures, military earthworks, mines/mining features, historic cemeteries, historic landscape features and similar human -made features. The purpose of the current study was to determine if previously recorded cultural resources are located within the project area. METHODOLOGY Through the State Historic Preservation Office's (SHPO) HPOWEB database, information was reviewed regarding National Register of Historic Places (NRHP) properties, Mecklenburg County surveyed -only historic resources, local landmarks, state study -list sites and historic resources determined by the SHPO to be eligible for the NRHP. The North Carolina Office of State Archaeology (OSA) provided RSWA with information via email regarding archeological sites within 1.6 kilometers (km) (1.0 mile) of the project area. This information included site forms, location maps and partial or full reports. Historic county maps were examined online through North Carolina Maps, a collaboration of the University ofNorth Carolina, the State Archives ofNorth Carolina, and the Outer Banks History Center. Historic aerial photography and additional historic maps were accessed through Historicaerials.com, Earthexplorer.usgs.gov, Legacy.lib.utexas.edu/maps/ and/or Alab amamaps .ua. edu. The following primary sources were found to be useful in searching for historic resources within and adjacent to the project area: Findings - Cultural Resources Literature Review, Sedona Farms Development Tract, Mecklenburg, NC Page 2 June 17, 2022 . . . 1910 USDA Soil Map of Mecklenburg County 1911 County Commissioner's Map of Mecklenburg County 1912 Rural Delivery Map of Mecklenburg County 1938 and 1969 State Highway and Public Works Commission Map of Mecklenburg County 1956, 1965, 1978, and 1983 aerial photographs of Mecklenburg County 1970 USGS Cornelius, NC 7.5-Minute quadrangle 1993-2018 Google Earth aerial photography. RESULTS Previous Archeological Investigations: According to records provided to RSWA by OSA, there have been at least five professional cultural resources survey projects within 1.0 km of the study tract, four of which took place within 350 m of current study tract boundaries (Figure 1); the record also includes avocational reporting on archeological resources near the project area. Three professional projects took place within 100 to 350 m of current study tract boundaries (Abbott 1991; Lautzenheiser and Holm 2001; Millis et al. 2003), and one professional study included the northern portion of the current study tract area (Abbott 1992). Previous Architectural Investigations: According to SHPO personnel, the North Carolina HPOWEB database is the definitive source of architectural survey information for Mecklenburg County. National Register of Historic Places: There are no NRHP-listed historic properties located within 1.0 km of the current study tract. Mecklenburg County Historic Resources: The HPOWEB database identifies no state study -list sites, local landmarks or properties determined eligible for the NRHP within 1.0 km of the study tract. The database shows two surveyed -only historic properties located within 1.0 km of the study tract (Figure 1). The resources are MK2279/Caldwell Tenant House and MK2447/House; these properties are located north of Davidson Concord Road, 850 m and 950 m respectively southwest of the project area (Figure 1). Recorded Archeological Sites: According to records provided to RSWA by OSA, there are 10 recorded archeological sites within 1.0 km of the study tract, two of which are within 200 m of the project area (Figure 1; 31MK568 and 31MK1121). Site 31MK1121 is an historic cemetery located south of June Washam Road, approximately 100 m west of the study tract; this property was identified and delineated as part of an unknown cultural resources project in 2016. Site 31MK568 is a prehistoric artifact scatter reported by an avocational archeologist in 1991 to be located about 230 m north ofthe project area; the site form mentions that a road cut through the site and "destroyed it all". Revolutionary War Actions/Features: There were at least five reported Revolutionary War military engagements in Mecklenburg County, one such event in Iredell County to the north, and no such events in Cabarrus County to the east. The closest military action took place on February 1, 1781 at Tarrant's Tavern near Mount Mourne (Iredell County), approximately 10 km northwest of the project area (Lewis 2021). Civil War Actions/Features: Review of the official military atlas for the Civil War (Davis et al. 1983) revealed that no significant Civil War military activity occurred in present-day Mecklenburg Findings - Cultural Resources Literature Review, Sedona Farms Development Tract, Mecklenburg, NC Page 3 June 17, 2022 County. Union General William T. Sherman, following the capture of Columbia, South Carolina on February 17, 1865, moved north to the vicinity of Kershaw, Lancaster County, South Carolina (80 km south), His armies were then turned to the northeast toward Laurel Hill and Fayetteville, North Carolina, thus bypassing the project region (Davis et al. 1983). Historic Cemeteries: The USGS topographic maps reviewed show no mapped cemeteries within 1.0 km of the project area. The closest such mapped feature is Berryhill Cemetery, 1.8 km southeast of the study tract. Above -referenced archeological site 31 MK1121 is an unmapped historic cemetery located south ofJune Washam Road and approximately 100 m west of the study tract. This site was identified and delineated as part of an unknown cultural resources study in 2016. Structures on Historic Maps and Aerial Photographs: Maps from the first quarter of the 20th century show June Washam Road and its distinctive bends south and west of the study tract with a building (Mrs. A. Christenbery [sic]) located adjacent to the western project area boundary (Figure 1). County highway maps from 1938 and 1969 also show June Washam Road with buildings along its course, but the scale of these maps leave the precise location of buildings uncertain. USGS topographic maps from 1970 show two buildings on the north side ofJune Washam Road, just east of the project area; the 1993 version of the map shows two new buildings located in the northwestern part of the study tract (Figure 1). Aerial photographs from the period for 1956 to 1978 show a house just beyond the western study tract boundary (probably not the Christianbery home place) and what appear to be agricultural outbuildings to its north (in the project area) after 1961. The southwestern part of the study tract was open throughout the middle to late -middle 20th century with a transition from cultivation to pasture perhaps by 1965. The remainder of the study tract was wooded from 1956 to 2018. CONCLUSIONS There are no NRHP-listed properties, determined -eligible properties, study -listed resources, designated local landmarks, cemeteries or otherwise recorded historic resources located within the study tract. The closest recorded cultural resource is a historic cemetery (archeological site 31MK1121) located approximately 100 m west of the study tract. Historic maps and aerial photographs indicate occupation throughout the 20th century of places adjacent to the western project area boundary, with associated buildings and historic agricultural use perhaps located within the study tract. CLOSING COMMENTS Ms. Lipsky, we appreciate the opportunity to work with you on this project. If you have any questions or comments, please contact me at 770-345-0706. Sincerely, R.S. WEBlr ASSO pES art S. ( eve eb President and Senior Principal Archeologist Attachments: Figure 1 Findings - Cultural Resources Literature Review, Sedona Farms Development Tract, Mecklenburg, NC Page 4 June 17, 2022 REFERENCES Abbott, L.E. 1991 Management Summary: Archeological Consulting Services/Intensive Sample Survey: NCDOT Project R-2632: Davidson -Cornelius Bypass Environmental Assessment, Mecklenburg and Iredell Counties, North Carolina. New South Associates, Inc. Stone Mountain, Georgia. 1992 Archeological Intensive Sample Survey: Davidson -Cornelius Bypass, NCDOT TIP No. R-2632, Mecklenburg and Iredell Counties, North Carolina. New South Associates, Inc. Stone Mountain, Georgia. Davis, G.B., L. J. Perry and J. W. Kirkley, compiled by C. D. Cowles 1983 Atlas to Accompany the Official Records of the Union and Confederate Armies. Reprint of the 1891-1895 edition. The Fairfax Press, New York. Lautzenheiser, L. and M.A. Holm 2001 Archaeological assessment and survey of a portion of South Prong, Rocky River, Mecklenburg County, North Carolina. Coastal Carolina Research, Inc. Tarboro, North Carolina. Lewis, J.D. 2021 The American Revolution in North Carolina. Internet -Online. Found at: http://www.carolana.com /NC/Revolution/home.html. Accessed February 2022. Millis, H., D. Ruggiero, and P.A. Webb 2003 Archaeological Survey and Testing for the Sandhills Pipeline Project, Iredell, Cabarrus, Mecklenburg, Stanley, Union, Anson, and Richmond Counties, North Carolina. TRC Garrow Associates, Inc. Durham, North Carolina. QUADRANGLE LOCATION Millis -et al. (2003) Abbott (1092) Resource No..MK227 (Caldwell` .. � .Tenant House) une Washam Road Resource 9 No. MK2447 Lautzenheiser_ 'ands I3olm'' (2200. -- $44 7Abbott Q�(1991) A Structure on Historic Maps and Aerials Recorded Historic Resource Map Reference: 7.5-Minute USGS Quadrangle Cornelius, North Carolina (1993) O Recorded Archeological Site Previous Cultural Resource Project Scale 0 610 meters 0 2000 feet Figure 1 Project Area, Previous Projects and Recorded Cultural Resources