HomeMy WebLinkAbout20221228 Ver 1_ePCN Application_20220907DWR
Division of Water Resources
Initial Review
Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
April 13, 2022 Ver 4.3
Has this project met the requirements for acceptance in to the review process?*
Yes
No
Is this project a public transportation project?*
Yes No
Change only if needed.
Pre -Filing Meeting Date Request was submitted on:
5/18/2022
BIMS # Assigned* Version#*
20221228 1
Is a payment required for this project?*
No payment required
Fee received
Fee needed - send electronic notification
Reviewing Office*
Mooresville Regional Office - (704) 663-1699
Information for Initial Review
la. Name of project:
Secrest Price (AKA CTC at Monroe)
la. Who is the Primary Contact?*
Aliisa Harjuniemi
What amout is owed?*
$240.00
$570.00
Select Project Reviewer*
Doug Perez:eads\djperez
lb. Primary Contact Email:* lc. Primary Contact Phone:*
aliisa@cws-inc.net (980)259-1222
Date Submitted
9/7/2022
Nearest Body of Water
UT to Stewarts Creek
Basin
Yadkin-PeeDee
Water Classification
WS-III
Site Coordinates
Latitude:
35.029729°
A. Processing Information
County (or Counties) where the project is located:
Union
Is this a NCDMS Project
Yes No
Is this project a public transportation project? *
Yes No
Longitude:
-80.58812°
la. Type(s) of approval sought from the Corps:
Section 404 Permit (wetlands, streams and waters, Clean Water Act)
Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
Has this PCN previously been submitted?*
Yes
No
1 b. What type(s) of permit(s) do you wish to seek authorization?
Nationwide Permit (NWP)
Regional General Permit (RGP)
Standard (IP)
lc. Has the NWP or GP number been verified by the Corps?
Yes No
Nationwide Permit (NWP) Number: 29 - Residential Developments
NWP Numbers (for multiple NWPS):
ld. Type(s) of approval sought from the DWR:
401 Water Quality Certification - Regular
Non-404 Jurisdictional General Permit
Individual 401 Water Quality Certification
le. Is this notification solely for the record because written approval is not required?
For the record only for DWR 401 Certification:
For the record only for Corps Permit:
1f. Is this an after -the -fact permit application?*
Yes No
lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
1 h. Is the project located in any of NC's twenty coastal counties?
Yes No
1j. Is the project located in a designated trout watershed?
Yes No
B. Applicant Information
ld. Who is applying for the permit?
Owner Applicant (other than owner)
le. Is there an Agent/Consultant for this project?*
Yes No
2. Owner Information
2a. Name(s) on recorded deed:
BTR at Secrest Price, LLC
2b. Deed book and page no.:
2c. Contact Person:
Megan Ledbetter
2d. Address
Street Address
4900 North Scottsdale Rd.
Address Line 2
City
Scottsdale
Postal /Zip Code
85251
401 Water Quality Certification - Express
Riparian Buffer Authorization
State / Province / Region
NC
Country
USA
Yes No
Yes No
2e. Telephone Number:
(336)608-9345
2f. Fax Number:
2g. Email Address: *
mledbetter@taylormorrison.com
3. Applicant Information (if different from owner)
3a. Name:
Megan Ledbetter
3b. Business Name:
Taylor Morrison
3c. Address
Street Address
106 Heron Cove Loop
Address Line 2
City
Mooresville
Postal / Zip Code
28117
3d. Telephone Number:
(336)608-9345
3f. Email Address: *
mledbetter@taylormorrison.com
4. Agent/Consultant (if applicable)
4a. Name:
Aliisa Harjuniemi
4b. Business Name:
Carolina Wetland Services, Inc.
4c. Address
Street Address
550 Westinghouse Blvd
Address Line 2
City
Charlotte
Postal / Zip Code
28269
4d. Telephone Number:
(980)259-1222
4f. Email Address: *
aliisa@cws-inc.net
C. Project Information and Prior Project History
State / Province / Region
NC
Country
USA
3e. Fax Number:
State / Province / Region
NC
Country
USA
4e. Fax Number:
1. Project Information
1b. Subdivision name:
(if appropriate)
lc. Nearest municipality / town:
Monroe
2. Project Identification
2a. Property Identification Number:
09298068K
2b. Property size:
22
2c. Project Address
Street Address
Secrest Price Road
Address Line 2
City
Monroe
Postal / Zip Code
28110
3. Surface Waters
3a. Name of the nearest body of water to proposed project: *
UT to Stewarts Creek
3b. Water Resources Classification of nearest receiving water: *
WS-III
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.
030401050503
4. Project Description and History
State / Province / Region
NC
Country
USA
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 project area consists of undeveloped forested areas, herbaceous areas, and a sewerline right-of-way. Surrounding land use consists of residential development, commercial
properties, and agricultural fields. On site elevations range from 610-640 feet above mean sea level (Figure 2). Land cover within the project area consists of deciduous forest, mixed
forest, herbaceous areas, and woody wetlands.
According to the United States Department of Agriculture - Natural Resources Conservation Service (USDA-NRCS) Web Soil Survey of Union County (Figure 4) and the NRCS Published
Soil Survey for Union County (Figure 5), on -site soils consist of two different soil types. None of the on -site soils listed on the Web Soil Survey are listed as being hydric or containing
hydric inclusions.
A review of the NWI GIS layer depicts a potential riverine system along the southeastern project boundary, and a potential riverine system and freshwater pond in the northern portion of
the site (Figure 6). The Monroe Secrest Road site is located within the Area of Minimal Flood Hazard Zone (Figure 7). The on -site jurisdictional waters of the U.S. are depicted in Figure 8
and consist of one wetland (Wetland AA), two intermittent streams (Streams A and B), one perennial stream (Stream C), and one freshwater pond (Pond A).
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?*
Yes No Unknown
4f. List the total estimated acreage of all existing wetlands on the property:
0.11 ac.
4g. List the total estimated linear feet of all existing streams on the property:
350 If perennial, 548 If intermittent
4h. Explain the purpose of the proposed project: *
The purpose of this project is to develop the property into a residential development. This project will provide housing for Monroe, North Carolina to meet the growing demand for housing
due to population growth.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
Under Nationwide Permit (NWP) No. 29, the project proposes crossing the Stream B with a culvert. This would result in 160 If permanent stream impact (S1). The proposed culvert will be
constructed in dry, utilizing a dewatering system. The dewatering system would result in 20 If of temporary impact (S2). The proposed culvert will be buried one feet below the existing
grade. Head wall and retaining wall were utilized to minimize the proposed impact. The proposed site plan and culvert details are included in the Attachment D.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes No
Comments:
5b. If the Corps made a jurisdictional determination, what type of determination was made? *
Preliminary Approved Not Verified Unknown N/A
Corps AID Number:
SAW-2022-01534
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company:
Other:
CWS
Unknown
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
Preliminary Jurisdictional Determination (SAW-2022-01534) dated July 13, 2022 is included as Attachment C.
6. Future Project Plans
6a. Is this a phased project?*
Yes No
Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity?
There are no additional phases for this project in foreseeable future.
D. Proposed Impacts Inventory
1. Impacts Summary
la. Where are the impacts associated with your project? (check all that apply):
Wetlands
Open Waters
3. Stream Impacts
Streams -tributaries
Pond Construction
Buffers
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*
si
Road crossing
Permanent
Culvert
Stream B
Intermittent
Corps
5
Average (feet)
160
(linear feet)
S2
Dewatering
Temporary
Dewatering
Stream B
Intermittent
Corps
5
Average (feet)
20
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts:
160
31. Total stream and ditch impacts:
180
3j. Comments:
The proposed loss of waters total 160 If.
E. Impact Justification and Mitigation
1. Avoidance and Minimization
3i. Total temporary stream impacts:
20
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
To avoid and minimize impacts to jurisdictional waters of the U.S., property was delineated prior to finalizing the site plan and the proposed site plan was
designed around the delineation results. The proposed permanent impacts have been limited to one road crossing required to provide ingress and
egress for the proposed development.
The original plan was to avoid all stream impacts by using the existing road. However, the site plan was adjusted to meet NCDOT and City of Monroe
requirements for two entrances. In order to meet the NCDOT standards, the second entrance was moved to the southeastern portion of the property,
necessitating crossing the intermittent Stream B.
The proposed culvert will be buried one feet below the existing grade. Head wall and retaining wall were utilized to minimize the proposed impact
(Attachment D).
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Proper sediment and erosion control measures will be used to minimize disturbances to downstream waters. Silt fence will be installed around the
jurisdictional features, outside of the avoided wetlands and streams. Construction activities and impacts to on -site jurisdictional waters of the U.S. will
comply with all conditions of Nationwide Permit No. 29 and Water Quality Certificate No. 4256. All work will be constructed in the dry and all temporary
fill will be removed following the work.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State?
Yes No
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
The proposed impacts are below 0.02 acre stream mitigation treshold.
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
1. Diffuse Flow Plan
la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
Yes No
If no, explain why:
The project is not adjacent to NC Riparial Buffers.
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? *
Yes No
2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?
Yes No
2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater program?
Yes No
N/A - project disturbs < 1 acre
2d. Which of the following stormwater management program(s) apply:
Local Government State
Local Government Stormwater Programs
Phase II NSW USMP Water Supply
Please identify which local government stormwater program you are using.
City of Monroe
Comments:
An approved stormwater plan will be provided upon request once available.
The locations of the stormwater control measures (SCM) are depicted in the Attachment D.
G. Supplementary Information
1. Environmental Documentation
la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? *
Yes No
2. Violations (DWR Requirement)
2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or
Riparian Buffer Rules (15A NCAC 2B .0200)?*
Yes No
3. Cumulative Impacts (DWR Requirement)
3a. Will this project result in additional development, which could impact nearby downstream water quality?*
Yes No
3b. If you answered "no," provide a short narrative description.
The project will not result in additional cumulative impacts in foreseeable future.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
Yes No N/A
4b. Describe, in detail, the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated at a
treatment plant, list the capacity available at that plant.
The proposed sewerline connection is located near the eastern property boundary and depicted in the Attachment D.
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or habitat?*
Yes No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?*
Yes No
5d. Is another Federal agency involved?*
Yes
5e. Is this a DOT project located within Division's 1-8?
No Unknown
Yes No
5f. Will you cut any trees in order to conduct the work in waters of the U.S.?
Yes No
5g. Does this project involve bridge maintenance or removal?
Yes No
5h. Does this project involve the construction/installation of a wind turbine(s)?*
Yes No
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?
Protected Species Assessment is included as Attachment E.
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? *
https://www.fisheries. noaa.gov/resou rce/map/essential-fish-habitat-mapper
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?*
A letter was forwarded to the North Carolina State Historic Preservation Office (SHPO) on July 11, 2022 to determine the presence of any areas of
architectural, historic, or archaeological significance that would be affected by the project. CWS also consulted the SHPO online GIS service. The search
indicated there are no known historical structures, buildings, sites, or districts existing within the project limits. In their response letter dated August
2,2022, SHPO states that they are not aware of any historic resources that would be affected by this project (Attachment F).
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?*
FEMA Panels 3710542700J and 3710542600J
Miscellaneous
Please use the space below to attach all required documentation or any additional information you feel is helpful for application review. Documents should be combined into one file when
possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred.
Click the upload button or drag and drop files here to attach document
Pre-File5.18.22.pdf 55.57KB
SecrestPrice._Cover Letter and Attachments.pdf 5.16MB
File must be PDF or KMZ
Comments
Signature
By checking the box and signing below, I certify that:
• The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief'; and
• The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time.
• I have given true, accurate, and complete information on this form;
I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND
I intend to electronically sign and submit the PCN form.
Full Name:
Aliisa Harjuniemi
Signature
Date
9/7/2022
Gmail
Aliisa Harjuniemi <aliisa@cws-inc.net>
401 WQC Pre -File - Secrest Price, Monroe NC
Aliisa Harjuniemi <aliisa@cws-inc.net> Wed, May 18, 2022 at 5:46 PM
To: 401PreFile@ncdenr.gov
Dear Sir/Madam,
Per the new regulations, we are filing a Pre -filing meeting request for the above -referenced project, located in Union County, NC.
CWS will be submitting a Pre -Construction Notification pursuant to Nationwide Permit No. 14 to the U.S. Army Corps of Engineers and
North Carolina Department of Environmental Quality for the proposed impacts to the jurisdictional waters of the U.S.
The proposed impacts consist of road crossing for residential development. Estimated impacts total 132 If of permanent stream
impacts and 20 If of temporary impacts
The draft impact drawings and the vicinity map are attached.
Please let me know if you need any additional information regarding this project.
Sincerely,
Aliisa
Aliisa Harjuniemi, PWS
Project Manager
Carolina Wetland Services, Inc.
550 E. Westinghouse Boulevard
Charlotte, NC 28273
Direct: 980-259-1222
Office: 704-527-1177
www.cws-inc.net
2 attachments
- j Site Plan.pdf
761 K
—1 Vicinity Map.pdf
1273K
CAROLINA WETLAND SERVICES, INC.
550 E. Westinghouse Blvd.
Charlotte, NC 28273
704-527-1177 (office)
704-527-1133 (fax)
Date: September 7, 2022
To: Mr. Bryan Roden -Reynolds
U.S. Army Corps of Engineers, Charlotte Regulatory Office
Mr. Douglas Perez
NCDWR, 401 & Buffer Permitting Unit
Subject: Pre -Construction Notification Pursuant to Nationwide Permit No. 29
Secrest Price (AKA CTC at Monroe)
Monroe, North Carolina
CWS Project No. 2022-0064
Dear Mr. Roden -Reynolds and Mr. Perez,
The Secrest Price (AKA CTC at Monroe) site is approximately 22 acres in extent and is located northeast of
the Highway 74 and Secrest Price Road intersection in Union County, North Carolina (Figures 1 and 2,
Attachment A). Taylor Morrison has contracted Carolina Wetland Services, Inc. (CWS) to provide Section
404/401 permitting services for this project. An executed Agent Authorization Form is attached (Attachment
B).
CWS is submitting a Pre -Construction Notification pursuant to Nationwide Permit No. 29 to the U.S. Army
Corps of Engineers for proposed impacts to the jurisdictional waters of the U.S. associated with developing
the property into a residential development.
ATTACHMENTS INCLUDED:
DESCRIPTION
Attachment A - Figures 1-8
Attachment B - Agent Authorization Form
Attachment C - Preliminary Jurisdictional Determination (SAW-2022-01534)
Attachment D - Proposed Impacts
Attachment E - Protected Species Assessment
Attachment F - SHPO Letter
Please do not hesitate to contact Aliisa Harjuniemi at 980-259-1222 or aliisa@cws-inc.net should you have
any questions or comments regarding this request.
Sincerely,
114p, Rlia.
Megan Bollero, WPIT
Project Scientist
Aliisa Harjuniemi, PWS
Senior Project Manager
Secrest Price
Attachments
September 7, 2022
CWS Project No. 2022-0064
ATTACHMENT A:
Figures 1-8
P.II w.dding,, Rd
aGr.arc
0
REFERENCE: BACKGROUND VICINITY MAP PROVIDED BY ESRI, 2020.
Legend
Project Limits (22 ac.)
5,000 2,500
0
5,000 Feet
SCALE: DATE:
1 inch = 5,000 feet
5/18/2022
CWS PROJECT NO:
2021-0022
DRAWN BY:
ALH
COORDINATES:
35.029729, -80.58812
CHECKED BY:
AVH
CAROLINA
WETLAND 5ERV10E5
Vicinity Map
Secrest Price
Union County
Monroe, North Carolina
FIGURE NO.
1
G:\Shared drives\Consulting Team Drive\2022\2022 Consulting Projects\2022-0064 Secrest Price \JD\ArcGIS\Figurel_Vicinity.mxd
7f.
4.•
REFERENCE: USGS 7.5 MINUTE TOPOGRAPHIC QUADRANGLE(S): BAKERS, NC (2019).
g 1_1z0i
.13aptist
A-rad
Legend
Project Limits (22 ac.)
2,000 1,000
0
2,000 Feet
SCALE:
1 inch = 2,000 feet
CWS PROJECT NO:
2021-0022
COORDINATES:
35.029729, -80.58812
DATE:
5/18/2022
DRAWN BY:
ALH
CHECKED BY:
AVH
CAROLINA
'WETLAND SERVICES
USGS Topographic Map
Secrest Price
Union County
Monroe, North Carolina
FIGURE NO.
2
G:\Shared drives\Consulting Team Drive \ 2022 \ 2022 Consulting Projects \ 2022-0064 Secrest Price \JD \ ArcGIS Figure2_Topo.mxd
REFERENCE: BACKGROUND AERIAL IMAGERY PROVIDED BY ESRI, ACCESSED 2021.
BACKGROUND GIS LAYER(S) PROVIDED BY UNION COUNTY GIS DEPARTMENT, DATED 2021.
V
Legend
Project Limits (22 ac.)
Roads
Tax Parcels
200 100 0
200 Feet
SCALE:
1 inch = 200 feet
DATE:
5/18/2022
CWS PROJECT NO:
2021-0022
DRAWN BY:
MLB
COORDINATES:
35.029729, -80.58812
CHECKED BY:
AVH
CAROLINA
WETLAND 5ERV10E5
Aerial Map
Secrest Price
Union County
Monroe, North Carolina
FIGURE NO.
3
G:\Shared drives\Consulting Team Drive\2022\2022 Consulting Projects\2022-0064 Secrest Price \JD\ArcGIS\Figure3_Aerial.mxd
BdC2
r
Soil Unit Name and Description
Badin channey silty clay loam, 2 to 8 percent slopes, moderately eroded
Cid channery silt loam, 1 to 5 percent slopes
Hydric
Total Coverage
BdB2 aFc
Coverage (%)
84.5
15.5
100
REFERENCE: USDA-NRCS WEB SOIL SURVEY OF UNION COUNTY, NC, DATED 2020.
Legend
Project Limits (22 ac.)
Roads
SCALE: DATE:
1 inch = 1,000 feet
CWS PROJECT NO:
2021-0022
COORDINATES:
35.029729, -80.58812
5/18/2022
DRAWN BY:
MLB
CHECKED BY:
AVH
CAROLINA
WETLAND 5ERV10E5
USDA-NRCS Web Soil Survey
of Union County
Secrest Price
Union County
Monroe, North Carolina
G:\Shared drives\Consulting Team Drive\2022\2022 Consulting Projects\2022-0064 Secrest Price \JD\ArcGIS\Figure4_CurrentSoil.mxd
FIGURE NO.
4
rr„ B
ran
BR-
ia}1/.
t;ni$
tCare
Ka82
Highway 74
Rocky River Road
Bakers i
trrm
Soil Unit Name and Descriptio
1 rs$
IiuE
Hydric
BdB2 Badin channery silty clay loam, 2 to 8 percent slopes, moderately eroded No
CmB Cid channery silt loam, 1 to 5 percent slopes No
rtit..,hInd
REFERENCE: USDA-NRCS PUBLISHED SOIL SURVEY OF UNION COUNTY, NC, SHEETS 13 AND 18, DATED 1996.
CInE.TUK
Aft*f. 4 Cri113
Secrest Shortcut Road
vori
TDB
1:mEl
9reJ2
9012
Legend
Crn
BuR
2,000 1,000
Project Limits (22 ac.)
2,000 Feet
SCALE: DATE:
1 inch = 2,000 feet
CWS PROJECT NO:
2021-0022
COORDINATES:
35.029729, -80.58812
5/18/2022
DRAWN BY:
ALH
CHECKED BY:
AVH
CAR❑LINA
+,1+ ETLAND SERVICES
USDA-NRCS Published Soil Survey FIGURE NO.
of Union County
Secrest Price
Union County
Monroe, North Carolina
G:\Shared drives\Consulting Team Drive\2022\2022 Consulting Projects\2022-0064 Secrest Price \JD\ArcGIS\Figure5_HistoricSoil.mxd
5
p� ,q1, Legend
4, cT
v_ Project Limits (22 ac.)
4/
cc, Roads
y ,, O� National Wetland Inventory
9�° `) Freshwater Forested/Shrub Wetland
P
Freshwater Pond
n�`� Riverine
REFERENCE: NATIONAL WETLAND INVENTORY DATA PROIVDED BY UNITED STATES FISH AND
WILDLIFE SERVICE FOR NORTH CAROLINA, ACCESSED 2021. BACKGROUND LAYER(S) PROVIDED
BY UNION COUNTY GIS DEPARTMENT, DATED 2021.
v f
\ A
1,000 500 0 1,000 Feet
IIIIIIIIII� IIIIIIIIII�
SCALE:
1 inch = 1,000 feet
DATE:
5/18/2022
CWS PROJECT NO:
2021-0022
DRAWN BY:
MLB
COORDINATES:
35.029729, -80.58812
CHECKED BY:
AVH
CAROLINA
WETLAND 5ERV10E5
National Wetland Inventory
Secrest Price
Union County
Monroe, North Carolina
FIGURE NO.
6
G:\Shared drives\Consulting Team Drive\2022\2022 Consulting Projects\2022-0064 Secrest Price \JD\ArcGIS\Figure6_NW.mxd
3710542600J
REFERENCE: BACKGROUND AERIAL IMAGERY PROVIDED BY ESRI, ACCESSED 2021.
BACKGROUND GIS LAYER(S) PROVIDED BY UNION COUNTY GIS DEPARTMENT, DATED
2021. FEMA NATIONAL FLOOD HAZARD LAYER PROVIDED BY FEMA, DATED 2008.
Legend
Q Project Limits (22 ac.)
Roads
Tax Parcels
Flood Hazard Zones
Zone Type
1% Annual Chance Flood Hazard
▪ Regulatory Floodway
▪ Special Floodway
Area of Undetermined Flood Hazard
I♦ 0.2% Annual Chance Flood Hazard
Future Conditions 1 % Annual Chance Flood Hazard
Area with Reduced Risk Due to Levee
rar, Area with Risk Due to Levee
SCALE:
1 inch = 400 feet
CWS PROJECT NO:
2021-0022
COORDINATES:
35.029729, -80.58812
DATE:
5/18/2022
DRAWN BY:
MLB
CHECKED BY:
AVH
CAROLINA
WETLAND 5ERV10E5
FIGURE NO.
FEMA National Flood Hazard Map
Secrest Price
Union County
Monroe, North Carolina
G:\Shared drives\Consulting Team Drive\2022\2022 Consulting Projects\2022-0064 Secrest Price \JD\ArcGIS\Figure7_FEMA.mxd
7
20,
Wetland AA
0.11 acre
Intermittent Stream B
468 If
Flo -
Intermittent Stream A
80 If
Freshwater Pond A
0.08 acre
REFERENCE: BACKGROUND GIS LAYER(S) PROVIDED BY UNION
COUNTY GIS DEPARTMENT, DATED 2021.
NOTE: JURISDICTIONAL WATERS OF THE U.S. WERE DELINEATED (FLAGGED
IN THE FIELD), CLASSIFIED, AND MAPPED USING A SUB -FOOT CAPABLE GPS
UNIT BY CWS, INC., ON JUNE 21, 2021. JURISDICTIONAL FEATURES HAVE NOT
BEEN VERIFIED BY THE USACE.
200 100
Perennial Stream Ch...
350 If
Legend
Project Limits (22 ac.)
- - - Intermittent Stream
Perennial Stream
VA Wetland
Freshwater Pond
Roads
Tax Parcels
SDP Data Point
SCP Stream Classification Point
Indicates Flow
41+ Photo Location and Direction
200 Feet
SCALE:
1 inch = 200 feet
CWS PROJECT NO:
2021-0022
COORDINATES:
35.029729, -80.58812
DATE:
5/18/2022
DRAWN BY:
MLB
CHECKED BY:
AVH
CAROLINA
WETLAND 5ERV10E5
Jurisdictional Boundaries
Secrest Price
Union County
Monroe, North Carolina
FIGURE NO.
8
G:\Shared drives\Consulting Team Drive\2022\2022 Consulting Projects\2022-0064 Secrest Price \JD\ArcGIS\Figure8_JD.mxd
Secrest Price
Attachments
September 7, 2022
CWS Project No. 2022-0064
ATTACHMENT B:
Agent Authorization Form
DocuSign Envelope ID: D54D48E8-D43F-457E-B11 D-B7F43B5D3239
U.S. Army Corps of Engineers — Wilmington District - Regulatory Division
AGENT AUTHORIZATION
I. PROJECT/SITE INFORMATION
Site Name: Secrest Price
Property Identification Number(s): 09298068K
II. REQUESTOR AUTHORIZATION
I, the undersigned, Megan Ledbetter hereby authorize Aliisa Hariuniemi to act on
my behalf in all manners relating to all dealings with the U.S. Army Corps of Engineers regarding the project and
properties listed above, including taking all necessary actions for the application, processing, issuance, and/or
acceptance of a Clean Water Act and/or Rivers and Rivers Act delineations, determinations, and/or permits. Any
and all acts carried out by Aliisa Hariuniemi on my behalf as it relates to this project and properties
shall have the same effect as acts of my own.
r ❑ocuSigned tiy:
7/8/2022
Signature Date
Principal Purpose: The information that you provide will be used in evaluating your request to determine whether there are any aquatic resources within the project area
subject to federal jurisdiction under the regulatory authorities referenced above.
Routine Uses: This information may be shared with the Department of Justice and other federal, state, and local government agencies, and the public, and may be made
available as part of a public notice as required by federal law. Your name and property location where federal jurisdiction is to be determined will be included in the approved
jurisdictional determination (AJD), which will be made available to the public on the District's website and on the Headquarters USAGE website.
Disclosure: Submission of requested information is voluntary; however, if information is not provided, the request for a jurisdictional determination cannot be evaluated nor
can a jurisdictional determination be issued.
January 2020
Secrest Price
Attachments
September 7, 2022
CWS Project No. 2022-0064
ATTACHMENT C:
Preliminary Jurisdictional Determination
(SAW-2022-01534)
SAW-2022-01534
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2022-01534 County: Union U.S.G.S. Quad: NC -Bakers
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Requestor: Taylor Morrison
Meagan Ledbetter
Address: 11450 N. Community House Road, Suite 150
Charlotte, NC 28277
Telephone Number: 336-608-9345
E-mail: mledbetter(ataylormorrison.com
Size (acres) 22 Nearest Town Monroe
Nearest Waterway Stewarts Creek River Basin Upper Pee Dee
USGS HUC 03040105 Coordinates Latitude: 35.029729
Longitude: -80.58812
Location description: The review area is located on the north side of W. Roosevelt Boulevard; approximately 0.6 miles south of
the intersection of W. Roosevelt Boulevard and N. Rocky River Road. PIN: 09298068K. Reference review area description
shown in the Jurisdictional Determination Request package entitled "Figure No. 1, Vicinity Map" and dated 05/18/22.
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 5/18/2022. 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-2022-01534
❑ 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 07/13/2022.
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 form to the Division Office if you do not object to the determination in this correspondence.**
Bryan Roden -Reynolds
Corps Regulatory Official: = w 2022.07.13 13:46:51 -04'00'
SAW-2022-01534
Date of JD: 07/13/2022 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: Carolina Wetland Services, Inc.
Aliisa Harjuniemi
Address: 550 E. Westinghouse Boulevard
Charlotte, NC 28273
Telephone Number: 980-259-1222
E-mail: aliisa@cws-inc.net
PROCESS AND
NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND
REQUEST FOR APPEAL
Applicant: Taylor Morrison Meagan Ledbetter File Number: SAW-2022-01534 Date: 07/13/2022
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: 07/13/2022
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Taylor Morrison, Meagan Ledbetter, 11450
N. Community House Road, Suite 150, Charlotte, NC 28277
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Secrest Price, SAW-2022-
01534
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The review area is located on the
north side of W. Roosevelt Boulevard; approximately 0.6 miles south of the intersection of W. Roosevelt
Boulevard and N. Rocky River Road. PIN: 09298068K. Reference review area description shown in the
Jurisdictional Determination Request package entitled "Figure No. 1, Vicinity Map" and dated 05/18/22.
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES
AND/OR AQUATIC RESOURCES AT DIFFERENT SITES)
State: NC County: Union City: Monroe
Center coordinates of site (lat/long in degree decimal format): Latitude: 35.029729 Longitude: -80.58812
Universal Transverse Mercator:
Name of nearest waterbody: Stewarts Creek
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
Z Office (Desk) Determination. Date: 07/13/22
Field Determination. Date(s):
TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAY BE" SUBJECT TO
REGULATORY JURISDICTION
Aquatic 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)
Wetland AA
35.031089
-80.589191
0.11 acre
Wetland
404
Stream A
35.031091
-80.58884
80 linear feet
Non -wetland
404
Stream B
35.028274
-80.587735
468 linear feet
Non -wetland
404
Stream C
35.028692
-80.58676
350 linear feet
Non -wetland
404
Pond A
35.028249
-80.587436
0.08 acre
Non -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: Figure Nos 1-8
® 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 No. 2, USGS Topographic Map (7.5-minute
quadrangle Bakers, NC)
® Natural Resources Conservation Service Soil Survey. Citation: Figure No. 4, USDA-NRCS Web Soil Survey of
Union County (Web Soil Survey of Unio County) and Figure No. 5, USDA-NRCS Published Soil Survey of
Union County (Soil Survey of Union County Sheets 13 and 18 Dated 1996)
® National wetlands inventory map(s). Cite name- Figure No. 6, National Wetland Inventory (USFWS NWI
Mapper)
❑ State/local wetland inventory map(s):
▪ FEMA/FIRMmaps: Figure No. 7, FEMA National Flood Hazard Map (FEMA National Flood
Hazard Laver)
❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929)
® Photographs: ® Aerial (Name & Date): Figure No. 1, Vicinity Map (Dated 05/18/22), Figure No. 3, Aerial Map
(Dated 05/18/22), and Figure No. 8, Jurisdictional Boundaries (Dated 05/18/22)
or Z Other (Name & Date): Photographs 1-7
❑ Previous determination(s). File no. and date of response letter:
® Otherinformation(pleasespecify): NCDWQ Stream Identification Forms, Version 4.11 (Dated 06/21/21)
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
2022.07.13 13:46:33
-04'00'
Signature and date of Regulatory
staff member completing PJD
07/13/2022
Signature and date of person requesting PJD
(REQUIRED, unless obtaining the signature is
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.
Wetland AA
0.11 acre
DP2• %
,•„
Intermittent Stream B
468 If
REFERENCE: BACKGROUND GIS LAYER(S) PROVIDED BY UNION
COUNTY GIS DEPARTMENT, DATED 2021.
.0
Intermittent Stream A
80 If
Freshwater Pond A
0.08 acre
NOTE: JURISDICTIONAL WATERS OF THE U.S. WERE DELINEATED (FLAGGED
IN THE FIELD), CLASSIFIED, AND MAPPED USING A SUB -FOOT CAPABLE GPS
UNIT BY CWS, INC., ON JUNE 21, 2021. JURISDICTIONAL FEATURES HAVE NOT
BEEN VERIFIED BY THE USACE.
SCALE
1 inch = 200 feet
CWS PROJECT NO:
2021-0022
COORDINATES:
35.029729, -80.58812
DATE
5/18/2022
DRAWN BY:
CHECKED BY:
AVH
CARO LI NA
WETLAND SERVICES
Perennial Stream C
350 If
Legend
Project Limits (22 ac.)
- - - Intermittent Stream
Perennial Stream
® Wetland
Freshwater Pond
Roads
Tax Parcels
SDP Data Point
SCP Stream Classification Point
Indicates Flow
0+ Photo Location and Direction
200 100 0 200 Feet
N
Jurisdictional Boundaries
Secrest Price
Union County
Monroe, North Carolina
G:\Shared drives\Consulting Team Drive\2022\2022 Consulting Projects\2022-0064 Secrest Price \JD\ArcGIS\Figure8_JD.mxd
FIGURE NO.
8
Secrest Price
Attachments
September 7, 2022
CWS Project No. 2022-0064
ATTACHMENT D:
Proposed Impacts
' PI ' / ' 1 1 I I ' / '/// /l ' I // "/r i j '/ 'i 1 (/ / 1 /--Jr ► )1 1 �{ j' I 'l /'1" I ti
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200'
v
l-�ll�j //7/%%/ j k��
-
r
'INTERMITTENT STREAM A / /,/ / //� I \ �^ \1\I
1 I� /
\- . j0 LF �/j /////l ///
` `IIrJ
\ WETLAND AA / / /1 /////�
� \ \�11/\f,
0 11 ACRE /// / ` • 1 1 1
)�II1\1 %%///'—\\;I' I\ \//`�`—=— ��� 111j/ �l IF)lr
\ �- �'��i \ \\ \ 1/�1 ±350LF 1\ //Ii
I � )
1 1 I\ \ - i - //� \ \ \\\ 1/ PERENNIAL STREAM C 1 1 i �J
aB�
0 100'
I �/ / I ) l� FRESHWATER POND A /
l / //// /✓/
/- ±0.08ACRE
I
// / / -1`/l1 x/i /. i ///, /// -�i ///
J / j j JL INTERMITTENT STREAM B�///
GRAPHIC SCALE
200' 400'
800'
( IN FEET )
1 INCH = 200 FT.
DEVELOPER INFORMATION
TAYLOR MORRISON
11405 NORTH COMMUNITY HOUSE
RD, SUITE 150
CHARLOTTE, NC 28277
TOTAL AREA: ±24.89 ACRES
PARCEL: 09-298-068K (8466-567)
ZONING: CD (SECREST ROAD SITE)
WATERSHED: LAKE TWITTY -
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GENERAL NOTES
1. BEGINNING AT AT POINT 16" ABOVE CHANNEL BOTTOM ELEVATION, CUT
BANK BACK AT 2:1 MINIMUM SLOPE TO JUST ABOVE THE TOP OF CULVERT
2. ORIENT THE GEOTEXTILE PARALLEL TO THE DIRECTION OF WATER FLOW
3. SUCCESSIVE SHEETS OF GEOTEXTILE MUST BE OVERLAPPED ACCORDING
TO THE MANUFACTURER'S SPECIFICATIONS
4. GEOTEXTILE FABRIC SHALL BE SECURED IN PLACE WITH THE USE OF
WOODEN STAKES OR STAPLES ACCORDING TO THE MANUFACTURER'S
SPECIFICATIONS AT THE TOP OF SLOPE
5. RIPRAP WILL BE PLACED ON THE CHANNEL BANKS AT A DEPTH OF 12". FINAL
RIPRAP LAYER SHOULD BE FLUSH WITH THE REST OF THE CHANNEL SLOPE
6. BEGIN RIPRAP PLACEMENT AT THE TOE AND PROCEED UP THE SLOPE
DIRECTLY ONTO THE GEOTEXTILE
7. BACKFILL ALL VOIDS IN THE RIPRAP WITH SMALLER STONE TO ENSURE THE
GEOTEXTILE IS FULLY COVERED
8. AFTER PLACEMENT OF THE RIPRAP, AVOID ANY GRADING ABOVE THE
GEOTEXTILE THAT RESULTS IN MOVEMENT OF THE RIPRAP
9. ALL BANK STABILIZATION SHALL BE PLACED ABOVE HIGH WATER MARK
10. HIGH WATER MARK TO BE ESTABLISHED BY A WETLANDS CONSULTANT
CONSTRUCTION SEQUENCE FOR STREAM CROSSINGS:
STAPLE FABRIC AT
TOP OF SLOPE TO
PREVENT SHIFTING
EXISTING TOP
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FABRIC OR
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RIPRAP
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RIPRAP ARMOR
(NTS)
1. A PRECONSTRUCTION MEETING MUST BE HELD PRIOR TO ANY CREEK CROSSING. THIS INCLUDES ALL UTILITY CROSSINGS
AND PERMANENT CROSSINGS.
2. LIMIT TIME OF EXPOSURE - ALL MATERIALS AND EQUIPMENT NEEDED TO COMPLETE THE CROSSING MUST BE ON SITE PRIOR
TO STARTING. THERE MUST ALSO BE SUITABLE WEATHER CONDITIONS PER CITY OF MONROE STANDARDS
3. LIMIT EXPOSED AREAS - MINIMIZE THE SIZE OF THE AREA TO BE EXPOSED AT ANY ONE TIME.
4. CONTROL SURFACE WATER - DETERMINE THE BEST TECHNIQUE AND GAIN APPROVAL FROM THE STORMWATER STAFF.
SOME EXAMPLES INCLUDE BUT NOT LIMITED TO: PUMP AROUND, TEMPORARY PIPE AROUND, TEMPORARY CHANNEL
DIVERSION, BRIDGE MAT, ETC.
5. CONTROL SEDIMENTATION - AS SHOWN ON THE APPROVED PLANS. INNOVATIVE AND ADDITIONAL MEASURES MAY BE
REQUIRED BY THE WATER QUALITY INSPECTOR IF NEEDED.
6. SURVEY THE LIMITS OF DISTURBANCE AND MARK WITH CONTINUOUS FLAGGING - SURVEY THE LOCATION OF THE CULVERT,
HEADWALLS, AND LIMITS OF DISTURBANCE BASED ON ANY 401/404 PERMIT(S) THAT HAVE BEEN ISSUED FOR THE SITE. CALL
THE STORMWATER STAFF FOR AN INSPECTION AND TO SET UP A STREAM CROSSING PRE -CONSTRUCTION MEETING WITH
THE STORMWATER STAFF PRIOR TO STARTING ANY WORK. THIS MEETING SHOULD TAKE PLACE AT LEAST 48 HOURS PRIOR
TO WORKING IN THE STREAM. THE STORMWATER STAFF WILL GIVE INSTRUCTIONS ABOUT CONTROLLING THE SURFACE
WATER AND STARTING THE CULVERT INSTALLATION.
7. INSTALL ALL EROSION CONTROL MEASURES - MINIMIZE THE DISTURBED AREA.
8. INFORM THE STORMWATER STAFF - NOTIFY STORMWATER STAFF REGARDING THE COMPLETION OF DEVICE INSTALLATION
AND REQUEST AN INSPECTION FOR COMPLIANCE.
9. MAINTENANCE - MAINTAIN ALL MEASURES AND DEVICES DAILY, MAKING IMMEDIATE REPAIRS WHEN NEEDED.
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Secrest Price
Attachments
September 7, 2022
CWS Project No. 2022-0064
ATTACHMENT E:
Protected Species Assessment
CAROLINA WETLAND SERVICES, INC.
550 E. Westinghouse Blvd.
Charlotte, NC 28273
704-527-1177 (office)
704-527-1133 (fax)
June 1,2022
Megan Ledbetter
Taylor Morrison
106 Heron Cove Loop
Mooresville, NC 28117
Subject:
Dear Ms. Ledbetter,
Protected Species Habitat Assessment Report
Secrest Price
Monroe, North Carolina
CWS Project No. 2022-0064
Taylor Morrison has contracted Carolina Wetland Services, Inc. (CWS) to provide a protected
species habitat assessment for the Secrest Price site. The Secrest Price site is approximately
22 acres in extent and is located northeast of the Highway 74 and Secrest Price Road
intersection in Union County, North Carolina (Figure 1, attached).
Methods
In -office Desktop Review
To determine which protected species are listed as occurring or potentially occurring within the
project vicinity and prior to conducting the on -site field investigation, CWS consulted the United
States Fish and Wildlife Service (USFWS) Endangered and Threatened Species and Species of
Concern by County for North Carolina online database for Union County' and Information for
Planning and Consultation (IPAC) database2. In addition, CWS performed a data review using
the North Carolina Natural Heritage Program (NCNHP) Data Explorer' on May 9, 2022 to
determine if any record occurrences of federally -listed, candidate endangered, threatened
species, or critical habitat are located within the project limits.
Typical habitat requirements for listed species was discerned from multiple USFWS4 and
NCNHP5 online resources including, but not limited to, specific USFWS species profiles,
recovery plans, NCNHP's Guide to Federally Listed Endangered and Threatened Species of
North Carolina, and List of the Rare Plant Species of North Carolina. United States Department
1 United States Fish and Wildlife Service, Raleigh Field Office. Accessed May 9, 2022. Endangered and Threatened Species and
Species of Concern by County for North Carolina. https://www.fws.gov/raleigh/species/cntylist/union.html
2 Information for Planning and Consultation (IPAC). https://ecos.fws.gov/ipac/
3 North Carolina Natural Heritage Data Explorer. Accessed May 9, 2022. https://ncnhde.natureserve.org/
4 U.S. Fish and Wildlife Service. 2006. Optimal Survey Windows for North Carolina's Federally Threatened and Endangered Plant
Species. https://www.fws.gov/southeast/pdf/fact-sheet/north-caroling-optimal-survey-windows-for-at-risk-and-listed-plants.pdf
Accessed May 9, 2022.
5 Buchanan, M.F. and J.T. Finnegan. 2010. Natural Heritage Program List of the Rare Plant Species of North Carolina. NC Natural
Heritage Program, Raleigh, NC. Accessed from https://www.fws.gov/raleigh/species/cntylist/nc_counties.html
NORTH CAROLINA - SOUTH CAROLINA
WWW.CWS-INC.NET
Page 1 of 7
Secrest Price June 1, 2022
Protected Species Assessment Report CWS Project No. 2022-0064
of Agriculture - Natural Resources Conservation Service (USDA-NRCS) Web Soil Survey of
Union County' and aerial imagery were also reviewed for potential habitat of listed species
within the project vicinity (Figures 2 and 3).
Field Survey
CWS scientists Megan Bollero, WPIT7 and Amie Hoy, WPIT, conducted a pedestrian habitat
assessment of the project area on June 21, 2021 and May 18, 2022. Potential habitats for
potentially occurring federally -protected species that were identified during the desktop review
were assessed in the field for the quality of physical and/or biological features essential to the
conservation of the applicable species. Additionally, during the pedestrian habitat assessment,
areas were reviewed for applicable federally protected species. Identification references for
natural communities include the National Land Cover Database (2011)8.
Results
Based on the NCNHP data explorer review, there are no known occurrences of federally
protected species within a one -mile radius of the project limits (Attachment A). The USFWS
lists six federally protected species for Union County (Table 1). An official species list has not
been obtained from the USFWS Asheville Field Office.
Table 1. Unofficial List of Federally -Protected Species Potentially Occurring within the
Secrest Price, Union County, NC.
Major Group
Scientific Name
Common Name
Federal Status*
Record Status
Plant
Helianthus
schweinitzii
Schweinitz's
sunflower
E
Current
Plant
Echinacea
laevigata
Smooth coneflower
E
Current
Plant
Rhus michauxii
Michaux's sumac
E
Current
Animal
Lasmigona
decorata
Carolina Heelsplitter
E
Current
Animal
Myotis
septentrionalis
Northern -long-eared
bat
T
Current
Animal
Haliaeetus
leucocephalus
Bald eagle
BGPA
Current
* E - Endangered, T - Threatened, BGPA - Bald and Golden Eagle Protection Act
Four terrestrial community types were identified within the project area during the field survey.
These community types consist of undeveloped forested areas, forested wetland, open
herbaceous areas, and a maintained sewer line right-of-way (Figure 3). Of the identified on -site
community types, the forested areas and the open herbaceous areas are considered potential
habitat for federally threatened or endangered species that could potentially occur within the
project limits. A brief description of each species habitat requirements and determination of
effect findings are listed below by species.
6 United States Department of Agriculture, 2021. Web Soil Survey of Union County, North Carolina. Accessed
5/9//2022. Source: https://websoilsurvey.nrcs.usda.gov/app/HomePage.htm
Wetland Professional in Training, The Society of Wetland Scientist Professional Certification Program
8 MLRC. National Land Cover Database, 2011. https://www.mrlc.gov/nlcd11_leg.php
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Secrest Price June 1, 2022
Protected Species Assessment Report CWS Project No. 2022-0064
Schweinitz's sunflower (Helianthus schweinitzii)
Habitat Description:
Schweinitz's sunflower is a perennial herb with yellow rays and yellow centers. They
can reach heights of five feet. Populations are limited to the piedmont of North and
South Carolina. It has been listed as an Endangered species under the ESA since
1991.9 The typical habitat for this plant includes roadsides, old pastures, transmission
line right-of-ways, open areas, either natural or human -maintained habitats, or edges of
upland woods. Major characteristics of soils associated with suitable Schweinitz's
sunflower habitat include thin soils, soils on upland interstream flats or gentle slopes,
soils that are clay like in both composition and texture (and often with substantial rock
fragments), soils that have a high shrinkage swell capacity, and those which vary over
the course of the year from very wet to very dry.
Biological Analysis:
A NCNHP data record review revealed that there are no current occurrences for this
species within a one -mile radius of the project. A desktop review of the site was
conducted on May 9, 2022, and determined that the Badin and Cid soil series that have
known Schweinitz's sunflower populations cover the entirety of the project limits. The
majority of the site consists of open herbaceous areas that may provide potential habitat
for Schweinitz's sunflower (Photograph 1). The sewer line right-of-way is intensively
maintained which does not provide habitat for Schweinitz's sunflower (Photograph 3).
The forested areas do not provide adequate sunlight to support Schweinitz's sunflower
(Photograph 4). This assessment was completed outside the optimal survey window for
this species and due to the presence of potential habitat, CWS recommends a survey
for this species during the optimal survey window (late August -October;
Attachment C).
Smooth coneflower (Echinacea laevipata)
Habitat Description:
Smooth coneflower is a tall, perennial herbaceous plant found in areas with abundant
sunlight where competition in the herbaceous layer is minimal. It has been federally
listed as Endangered under the ESA since 1992.1° Typical habitat for this plant includes
meadows, open woodlands, the ecotonal regions between meadows and woodlands,
cedar barrens, dry limestone bluffs, clear cuts, and roadside and utility rights -of -way. In
North Carolina, the species normally grows in magnesium- and calcium- rich soils
associated with gabbro and diabase parent material, and typically occurs in Iredell,
Misenheimer, and Picture soil series. It grows best where there is abundant sunlight, little
competition in the herbaceous layer, and periodic disturbances (e.g., regular fire regime,
well-timed mowing, careful clearing) that prevents encroachment of shade -producing
woody shrubs and trees. On sites where woody succession is held in check, it is
characterized by a number of species with prairie affinities.
9 United States Fish and Wildlife Services. 1991. Endangered and Threatened Wildlife and Plants; Helianthus schweinitzii
(Schweinitz's sunflower) Determined to be Endangered. http://ecos.fws.gov/docs/federal_register/fr1852.pdf.
1° United States Fish and Wildlife Services. 1992. Endangered and Threatened Wildlife and Plants; Echinacea /aevigata (Smooth
Coneflower) Determined to be Endangered. http://ecos.fws.gov/docs/federal_register/fr2140.pdf.
Page 3 of 7
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Protected Species Assessment Report CWS Project No. 2022-0064
Biological Analysis:
A NCNHP data record review revealed that there are no current occurrences for this
species within the project limits, or within a one -mile radius of the project (Attachment A).
The forested areas and sewer line right-of-way within the project limits do not provide the
abundant sunlight the smooth coneflower requires. In addition, Iredell, Misenheimer,
and Picture soil series commonly associated with the smooth coneflower are not found
within the project limits." Due to the lack of habitat and known occurrences, CWS
concludes that this project will have no effect on the smooth coneflower.
Michaux's sumac (Rhus michauxii)
Habitat Description:
Michaux's sumac is a rhizomatous shrub. It is densely hairy with compound leaves
exhibiting evenly -serrated leaflets. Flowers are small, greenish to white, in terminal
clusters. Fruits are red drupes produced from August to October. It has been listed as
an Endangered species under the Endangered Species Act (ESA) since 1989.12 It is
found on the coastal plains of Virginia to Florida, with most populations occurring in
North Carolina. It prefers sandy or rocky open woods with basic soils, as well as,
highway right-of-ways, roadsides, or edges of artificially -maintained clearings.
Biological Analysis:
A NCNHP data record review revealed that there are no current occurrences for this
species within the project limits (Attachment A). Disturbed open areas conducive to
early -successional species are not present in the project area. The on -site soil series
are moderately acidic which is not suitable habitat for Michaux's sumac. Additionally,
there are no current records of this species within Union County13. Due to the lack of
habitat and known occurrences, CWS concludes that this project will have no effect
on Michaux's sumac.
Carolina heelsplitter (Lasmigona decorata)
Habitat Description:
The Carolina heelsplitter was historically known from several locations within the
Catawba and Pee Dee River systems in North Carolina and the Pee Dee and Savannah
River systems, and possibly the Saluda River system in South Carolina. In North
Carolina, the species is now known only from a handful of streams in the Pee Dee and
Catawba River systems. The species exists in very low abundances, usually within 6 feet
of shorelines, throughout its known range. The general habitat requirements for the
Carolina heelsplitter are shaded areas in large rivers to small streams, often burrowed
into clay banks between the root systems of trees, or in runs along steep banks with
moderate current. Recently, the Carolina heelsplitter has been found in sections of
streams containing bedrock with perpendicular crevices filled with sand and gravel, and
with wide riparian buffers.14
11 United States Department of Agriculture, 2021. Web Soil Survey of Mecklenburg County, North Carolina. Accessed 01/10/2022
Source: https://websoilsurvey.nres.usda.gov/app/HomePage.htm
12 United States Fish and Wildlife Services. 1989. Endangered and Threatened Wildlife and Plants;Determination of Endangered
Status for Rhus michauxii (Michaux's sumac). http://ecos.fws.gov/docs/federal_register/fr1601.pdf.
13 USFWS Michaux's Sumac Recovery Plan; https://ecos.fws.gov/docs/recovery_plan/930430.pdf
14 NCDOT TE Animal Habitat Descriptions. 2015.
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Protected Species Assessment Report CWS Project No. 2022-0064
Biological Analysis:
There is one perennial stream (Stream C) on -site which is a potential habitat for Carolina
heelsplitter (Photograph 5). Stream C flows into Stewarts Creek off -site. According to
North Carolina Department of Environmental Quality, Stewarts Creek had exceeding
criteria of fair, poor, or severe bioclassification of benthos and Chlorophyll.15 The project
is not located within a designated critical habitat for this species. In addition, the stream
is heavily embedded with silt which is not a suitable habitat for Carolina heelsplitter.
Therefore, CWS concludes that this project will have no effect on the Carolina
heelsplitter.
Northern Iona -eared bat (Myotis septentrionalis)
The northern long-eared bat (NLEB) is one of the species of bats most impacted by the
white -nose syndrome disease. Summer habitat (roosting habitat) of the NLEB includes forests
and woodlots containing live trees and/or dead snags greater than three inches diameter at
breast height with cavities or crevices. Winter habitat (hibernacula) of the NLEB includes caves,
mines, rocky areas, or structures that mimic similar conditions such as culverts greater than
48-inch in diameter.16 The NLEB was listed as Threatened (T) on April 2, 2015.
The forested areas within the property are potential habitats for the NLEB. No culverts greater
than 48-inch were observed within the study area.
The Secrest Price site is within range of the NLEB,17. However, there are no known
hibernaculum within 0.25 miles from a site and no known occupied maternity roost within 150
feet.
In accordance with the final 4(d) rule (effective as of February 16, 2016), any incidental take that
may result from associated activities is exempt under the 4(d) rule. Therefore, the project as
proposed is exempt under the 4(d) rule.
Bald eagle (Haliaeetus leucocephalus)
The Bald and Golden Eagle Protection Act,18 enacted in 1940, prohibits anyone without a permit
issued, from "taking" bald eagles, including their parts, nests, or eggs. Habitat for the bald eagle
includes cliffs and forested areas typically within 1.0 mile of estuaries, large lakes, reservoirs,
rivers, seacoast, and as they become more abundant, stands of undisturbed forest.
A desktop-GIS assessment of the project study area and the area within a 1 mile radius of the
project limits, was performed on May 9, 2022, using 2021 color aerials. There are no water
bodies large enough or sufficiently open to be considered a potential feeding source.
According to the NCNHP database, there is no current occurrence of this species within 1.0 mile
of the project study area. Additionally, no bald eagles or bald eagle nests were observed within
the study area at the time of the site visit. Due to the lack of optimal habitat within the project
https://connect.ncdot.gov/resources/Environmental/Compliance%20Guides%20and%20Procedures/TE%20Animal%20Habitat%
20Descriptions%20Mar_6_2015.pdf
15 https://edocs.deq.nc.gov/WaterResources/DocView.aspx?dbid=0&id=2161668&cr=1
16 United States Fish and Wildlife Service. 2016. 4(d) Rule for the Northern Long -Eared Bat; Final rule.
https://www.gpo.gov/fdsys/pkg/FR-2016-01-14/pdf/2016-00617.pdf
17 The U.S. Fish and Wildlife Service (USFWS) 2016. https://www.fws.gov/midwest/endangered/mammals/nleb/pdf/WNSZone.pdf
18 https://www.fws.gov/midwest/MidwestBird/eaglepermits/bagepa.html
Page 5 of 7
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Protected Species Assessment Report CWS Project No. 2022-0064
limits and lack of observations, CWS concludes that this project will have no effect on this
species.
Summary
Based on the literature search and the results of the on -site assessment for suitable habitat of
federally -protected endangered, and threatened species, no suitable habitat was observed for
smooth coneflower, Michaux's sumac, Carolina heelsplitter, or bald eagle. CWS has concluded
that activities within the project area will not directly or indirectly jeopardize the continued
existence of smooth coneflower, Michaux's sumac, Carolina heelsplitter, or bald eagle.
Potential habitat for Schweinitz's sunflower was observed within the project limits. CWS
recommends a survey for this species during the optimal survey window (Attachment C).
Based on the project area location, no tree removal activities will occur within a 150-foot radius
of a known, occupied NLEB maternity roost from June 1-July 31 and no trees will be removed
within 0.25 miles of a known hibernaculum at any time of year.
Biological determinations requirements for federally protected species are summarized in Table
2.
Table 2. Bioloaical Determination Requirements Summary Table for Federally Protected Species
Scientific Name
Common Name
Federal Status*
Effect on Listed
Species
Helianthus schweinitzii
Schweinitz's sunflower
E
May Affect**
Echinacea laevigata
Smooth coneflower
E
No Effect
Rhus michauxii
Michaux's sumac
E
No Effect
Lasmigona decorata
Carolina heelsplitter
E
No Effect
Myotis septentrionalis
Northern -long-eared bat
T
Exempt
Haliaeetus leucocephalus
Bald eagle
BGPA
No Effect
*E - Endangered,T - Threatened, BGPA - Bald and Golden Eagle Protection Act
** Survey recommended during optimal survey window
A biological assessment was not conducted for this project. All biological determinations of
effect represent the best professional opinion of CWS and are not official determinations of
effect. It is the responsibility of the lead federal agency to render an official determination of
effect.
Page 6 of 7
Secrest Price
Protected Species Assessment Report
June 1, 2022
CWS Project No. 2022-0064
Thank you for the opportunity to provide these services on this important project. Please do not
hesitate to contact Megan Bollero at 757-576-6433 or megan@cws-inc.net should you have any
questions or comments regarding this report.
Sincerely,
IT
6
Megan Bollero, WPIT
Project Scientist
Aliisa Harjuniemi, PWS
Senior Project Manager
Attachments: Figure 1: USGS Topographic Map
Figure 2: USDA-NRCS Web Soil Map of Union County
Figure 3: Aerial Map
Attachment A: NCNHP Data Review Report
Attachment B: Representative Photographs (1-5)
Page 7 of 7
7f.
4.•
REFERENCE: USGS 7.5 MINUTE TOPOGRAPHIC QUADRANGLE(S): BAKERS, NC (2019).
g 1_1z0i
.13aptist
A-rad
Legend
Project Limits (22 ac.)
2,000 1,000
0
2,000 Feet
SCALE:
1 inch = 2,000 feet
CWS PROJECT NO:
2022-0064
COORDINATES:
35.029729, -80.58812
DATE:
5/9/2022
DRAWN BY:
ALH
CHECKED BY:
AVH
CAROLINA
'WETLAND SERVICES
USGS Topographic Map
Secrest Price
Union County
Monroe, North Carolina
FIGURE NO.
1
G \Shared drives\Consulting Team Drive \ 2022 \ 2022 Consulting Projects \ 2022-0064 Secrest Price \ PETS \ ArcGIS \ Figure1_Topo.mxd
Soil Unit Name and Description
BdB2
CmB
•
A
REFERENCE: USDA-NRCS WEB SOIL SURVEY OF UNION COUNTY, NC, DATED 2021.
Badin channey silty clay loam, 2 to 8 percent slopes, moderately eroded
Cid channery silt loam, 1 to 5 percent slopes
No
Total Coverage:
15.5
_
Legend
Project Limits (22 ac.)
Roads
1,000
500
0
1,000 Feet
BdB2
SCALE: DATE:
1 inch = 1,000 feet
5/9/2022
CWS PROJECT NO:
2021-0022
DRAWN BY:
MLB
COORDINATES:
35.029729, -80.58812
CHECKED BY:
AVH
CAROLINA
WETLAND 5ERV10E5
USDA-NRCS Web Soil Survey
of Union County
Secrest Price
Union County
Monroe, North Carolina
FIGURE NO.
2
G:\Shared drives\Consulting Team Drive\2022\2022 Consulting Projects\2022-0064 Secrest Price \ PETS \ArcGIS\Figure2_CurrentSoil.mxd
REFERENCE: BACKGROUND AERIAL IMAGERY PROVIDED BY ESRI, DATED 2021. BACKGROUND
GIS LAYER(S) PROVIDED BY UNION COUNTY GIS DEPARTMENT, DATED 2021.
NOTE: CWS CONDUCTED THE HABITAT ASSESMENT AND DELINEATION ON JUNE 21, 2021 AND
MAY 18, 2022. JURISDICTIONAL FEATURES HAVE NOT BEEN VERIFIED BY THE USACE.
f O G
` / r • r
rrrrrrrr
1
Legend
Project Limits (22 ac.)
Potential Schweinitz's Sunflower Habitat
- - - Intermittent Stream
Perennial Stream
Wetland
Freshwater Pond
Indicates Flow
N Photo Location and Direction
250 125 0 250 Feet
SCALE:
1 inch = 250 feet
CWS PROJECT NO:
2022-0064
COORDINATES:
35.029729, -80.58812
DATE:
5/18/2022
DRAWN BY:
ALH
CHECKED BY:
AVH
k\(
CAROLINA
WETLAND SERVICES
Aerial Map
Secrest Price
Union County
Monroe, North Carolina
G:\Shared drives\Consulting Team Drive\2022\2022 Consulting Projects\2022-0064 Secrest Price \ PETS \ArcGIS\Figure3_Aerial.mxd
FIGURE NO.
3
Secrest Price
Attachments
June 1, 2022
CWS Project No. 2022-0064
ATTACHMENT A:
NCNHP Data Review Report
✓ 1■■
■■ ■ NC DEPARTMENT OF
U NDER NATURAL AND CULTURAL RESOURCES
■ ■u■
May 9, 2022
Amie Hoy
Carolina Wetland Services
550 East Westinghouse Blvd
Charlotte, NC 28273
RE: Monroe Secrest; 2022-0064
Dear Amie Hoy:
Roy Cooper, Governor
D_ Reid Wilson, Secretary
Misty Buchanan
Deputy Director, Natural Heritage Program
NCNHDE-17921
The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide
information about natural heritage resources for the project referenced above.
Based on the project area mapped with your request, a query of the NCNHP database indicates that
there are no records for rare species, important natural communities, natural areas, and/or
conservation/managed areas within the proposed project boundary. Please note that although there
may be no documentation of natural heritage elements within the project boundary, it does not
imply or confirm their absence; the area may not have been surveyed. The results of this query
should not be substituted for field surveys where suitable habitat exists. In the event that rare
species are found within the project area, please contact the NCNHP so that we may update our
records.
The attached 'Potential Occurrences' table summarizes rare species and natural communities that
have been documented within a one -mile radius of the property boundary. The proximity of these
records suggests that these natural heritage elements may potentially be present in the project area
if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile
radius of the project area, if any, are also included in this report.
If a Federally -listed species is found within the project area or is indicated within a one -mile radius of
the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for
guidance. Contact information for USFWS offices in North Carolina is found here:
https://www.fws.gov/offices/Directory/ListOffices.cfm?statecode=37.
Please note that natural heritage element data are maintained for the purposes of conservation
planning, project review, and scientific research, and are not intended for use as the primary criteria
for regulatory decisions. Information provided by the NCNHP database may not be published
without prior written notification to the NCNHP, and the NCNHP must be credited as an information
source in these publications. Maps of NCNHP data may not be redistributed without permission.
The NC Natural Heritage Program may follow this letter with additional correspondence if a
Dedicated Nature Preserve, Registered Heritage Area, Land and Water Fund easement, or Federally -
listed species are documented near the project area.
If you have questions regarding the information provided in this letter or need additional assistance,
please contact Rodney A. Butler at rodney.butler@ncdcr.gov or 919-707-8603.
Sincerely,
NC Natural Heritage Program
DEPARTMENT OF NATURAL AND CULTURAL RESOURCES
0 121 W Jo[NES STREET. RALEIGH. NC 27803 • 16.SI HAIL SERVICE cEmER. RALEIGH, NZ 2TG99
CFC 119.707.9120 • FAX 919,707.9i21
a One -mile Radius of the Project Area
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No Managed Areas are Documented
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NCNHDE-17921: Monroe Seerest
Buffered Project Boundary
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Project Boundary
Secrest Price
Attachments
June 1, 2022
CWS Project No. 2022-0064
ATTACHMENT B:
Photopage (Photographs 1-5)
Secrest Price
Attachment B: Photopage
June 1, 2022
CWS Project No. 2022-0064
Photograph 1. View of potential habitat for Schweinitz's Sunflower, facing west.
Photograph 2. View of unsuitable habitat for any terrestrial species, facing southwest.
Photopage 1 of 3
Secrest Price
Attachment B: Photopage
June 1, 2022
CWS Project No. 2022-0064
Photograph 3. View of unsuitable habitat for any terrestrial species, facing northeast.
Photograph 4. View of unsuitable habitat for any terrestrial species, facing northwest.
Photopage 2 of 3
Secrest Price
Attachment B: Photopage
June 1, 2022
CWS Project No. 2022-0064
Photograph 5. View of unsuitable habitat for Carolina Heelsplitter, facing downstream.
Photopage 3 of 3
Secrest Price
Attachments
June 1, 2022
CWS Project No. 2022-0064
ATTACHMENT C:
Optimal Survey Windows
OPTIMAL SURVEY WINDOWS AND NUMBER OF YEARS A SURVEY IS VALID FOR
NORTH CAROLINA'S FEDERALLY THREATENED, ENDANGERED, AND AT -RISK PLANT SPECIES
SCIENTIFIC NAME
COMMON NAME
STATUS
SURVEY WINDOW
YEARS SURVEY
IS VALID
Aeschynomene virginica
sensitive joint -vetch
T
July — October
1
Amaranthus pumilus
seabeach amaranth
T
July - October
(or before first tropical storm
that causes overwash)
1
Amorpha georgiana var.
georgiana
Georgia lead -plant
ARS
late April — October
2
Cardamine micranthera
small-anthered
bittercress
E
April - May
1
Carex impressinervia
impressed -nerved sedge
ARS
April - May
2
Carex lutea
golden sedge
E
mid April - mid June
2
Dionaea muscipula
Venus flytrap
ARS
late May —June
2
Echinacea laevigata
smooth coneflower
E
late May — October
2
Fimbristylis perpusilla
Harper's fimbristylis
ARS
July — September
2
Geum radiatum
spreading avens
E
June — September
2
Gymnoderma lineare
rock gnome lichen
E
year round
2
Hedyotis purpurea var.
montana
Roan Mountain bluet
E
June —July
2
Helianthus schweinitzii
Schweinitz's sunflower
E
late August — October
2
Helonias bullata
swamp pink
T
April — May
2
Hexastylis naniflora
dwarf -flowered heartleaf
T
March — May
2
Hudsonia montana
mountain golden heather
T
late May - early June
2
Isoetes microvela
thin -wall quillwort
ARS
April —July
1
Isotria medeoloides
small whorled pogonia
T
mid May - early July
1
Liatris helleri
Heller's blazing star
T
July — September
2
Lindera melissifolia
pondberry
E
February — March;
September - October
2
Lindera subcoriacea
bog spicebush
ARS
March - August
2
Lobelia boykinii
Boykin's Lobelia
ARS
May — July
2
Ludwigia ravenii
Raven's seedbox
ARS
June - October
2
Lysimachia asperulaefolia
rough -leaved loosestrife
E
mid May — September
2
Macbridea caroliniana
Carolina birds -in -a -nest
ARS
July — November
2
Minuartia godfreyi
Godfrey's stitchwort
ARS
April — June
2
Oxypolis canbyi
Canby's dropwort
E
mid July — September
2
Platanthera integrilabia
white fringeless orchid
T
mid July - late August
2
Ptilimnium nodosum
harperella
E
July — early September
(during low water)
T 1
Rhus michauxii
Michaux's sumac
E
May — October
2
Rhynchosporacrinipes
hairy-peduncled beakrush
ARS
July — September
2
Rudbeckia heliopsidis
sun -facing coneflower
ARS
July — September
2
Sagittariafasciculata
bunched arrowhead
E
mid May —July
2
Sarracenia oreophila
green pitcher -plant
E
late April — October
2
Sarracenia purpurea var.
montana
mountain purple pitcher-
plant
ARS
April — October
2
Sarracenia rubra ssp. jonesii
mountain sweet pitcher-
plant
E
April — October
2
SCIENTIFIC NAME
COMMON NAME
STATUS
SURVEY WINDOW
YEARS SURVEY
IS VALID
Schwalbea americana
American chaffseed
E
May August
(1-2 months after a fire)
2
Sisyrinchium dichotomum
white irisette
E
late May —July
2
Solidago plumosa
Yadkin River goldenrod
CCA
September — October
2
Solidago spithamaea
Blue Ridge goldenrod
T
July — September
_
2
Symphyotrichum georgianum
Georgia aster
CCA
October - mid November
2
Spiraea virginiana
Virginia spiraea
T
May - early July
2
Sporobolus teretifolius
wire -leaved dropseed
ARS
July — September
(following fire)
2
Thalictrum cooleyi
Cooley's meadowrue
E
mid June - early July
2
Tsuga caroliniana
Carolina hemlock
ARS
year round
2
STATUS KEY:
E - Federally endangered
T- Federally threatened
ARS - Proposed for listing as threatened or endangered under the ESA, candidate species for listing, or petitioned by
a third party for listing. ARS species listed above have "substantial" 90-day findings and are undergoing status
reviews (awaiting 12-month findings).
CCA - Species subject to a candidate conservation agreement.
OTHER NOTES:
These survey windows were determined from species recovery plans, field observations, herbaria specimens, and
NC Natural Heritage Program information. For additional information about these species, please visit the U.S. Fish
and Wildlife Service Asheville Field Office webpage at https://www.fws.gov/asheville/ or the Raleigh Field Office
webpage at https://www.fws.gov/raleigh/.
If suitable habitat for species is present in the proposed impact area, the U.S. Fish and Wildlife Service will likely
request species surveys, conducted by a qualified biologist, during the optimal survey window. Projects are
reviewed on a case -by -case basis and you are encouraged to contact a Section 7 coordinator early in the project
planning process. To discuss your project and survey requirements with a Section 7 coordinator, please contact the
Asheville Field Office at 828-258-3939 or the Raleigh Field Office at 919-856-4520
Version date: March 10, 2020
Secrest Price
Attachments
September 7, 2022
CWS Project No. 2022-0064
ATTACHMENT F:
SHPO Letter
North Carolina Department of Natural and Cultural Resources
State Historic Preservation Office
Ramona M. Bartos, Administrator
Governor Roy Cooper Office of Archives and History
Secretary D. Reid Wilson Deputy Secretary, Darin J. Waters, Ph.D.
August 2, 2022
Aliisa Harjuniemi
Carolina Wetland Services, Inc.
550 East Westinghouse Boulevard
Charlotte, NC 28273
aliisa@cws-inc.net
Re: Construct development, Secrest Price Road, Monroe, Union County, ER 22-1758
Dear Ms. Harjuniemi:
Thank you for your email of July 11, 2022, regarding the above -referenced undertaking. We have reviewed
the submittal and offer the following comments.
We have conducted a review of the project and are aware of no historic resources which would be affected
by the project. Therefore, we have no comment on the project as proposed.
The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the
Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36
CFR Part 800.
Thank you for your cooperation and consideration. If you have questions concerning the above comment,
contact Renee Gledhill -Earley, environmental review coordinator, at 919-814-6579
or environmental.review@ncdcr.gov. In all future communication concerning this project, please cite the
above referenced tracking number.
Sincerely,
Ramona Bartos, Deputy
State Historic Preservation Officer
Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: (919) 814-6570/814-6898