Loading...
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 1 �l I t �� • 111III / I I l J I I / /j/i/�i l )/ 1 //// // i / I/ / J I � r7, 1 \//1111 / I I/ / /III/ l/1/ // �/ j!i/jam/i//� /j /, o \) //j(J// IIIlJ9 `I'N 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 - STEWARTS CREEK .0,yti,,,,,N �r,,, z 0,6;▪ :-1.5.,..A1(.15..._:7 %:::: ''''':, • e▪ l;i ([ • }rfrriil1111\\%, `0w1C................ uii,��i, N /7O,i .♦♦4). ••./-y% LICENSE NO.: F-1407 PROJECT NUMBER: JM15.400 N N 0 N co co -0 0 SCALE: AS NOTED DRAWN BY/CHK BY: SAH/JWF EXISTING CONDITIONS MAP SECREST PRICE ROAD U 0 z 0 TAYLOR MORRISON 1 OF 6 tillll 1 (llJ I / ///)//�///i /l l/ (�/)/�///41 III I /J I I / //�/ /�//z ////////) I {1 / / I / / / //I / l ////l/ // ! /�� ��/�)%%J/ /I /I (�'' / /J/// //s,ll// r /i i /, /r%///i • '- c � �- ii 1 STREAM DISTURBANCE #1 �'� 1� S. �^ INTERMITTENT STREAM B-�� PERMANENT IMPACT: 160 LF1850 SF��l� ADD'L TEMPORARY IMPACT: 20 LF1120 SF��� ' ,, ✓ �� GRAPHIC SCALE---��;, — 200' 0 100' 200' 400' .t.,f, /// C<// / / /' 800' ( IN FEET ) 1 INCH = 200 FT. `� '�/ SEWER CONNECTION IN BUFFER, NO STREAM IMPACTS �r(c rlr )l ) )' //ll rl r, TOTAL AREA: 24.89 AC TOTAL IMPERVIOUS AREA: 9.77 AC TOTAL LF OF PERENNIAL STREAMS: 350 LF TOTAL LF OF INTERMITTENT STREAMS: 548 LF TOTAL AREA OF WETLANDS AND PONDS: 0.19 AC ` IIIIII1111/41 • ▪ z LICENSE NO.: F-1407 PROJECT NUMBER: JM15.400 0 (NI co co SCALE: AS NOTED DRAWN BY/CHK BY: SAH/JWF OVERALL SITE PLAN SECREST PRICE ROAD U 0 0 TAYLOR MORRISON 2 OF 6 1 ti IIllj 1 1 1 11 j I I j /j%%%il) jl 1/ I l'f .; .r' %' (�)j 1" l/7/J4 I mo-' 1/1///11 / / // / / I / /// // �� /ice / i/// / // \i /1/4 /// //1I 4 4 200' 0 100' is, „ ( r1Sir/ /� 7 /, // ((/// / �� 1 �, OVERFLOWIBYPASS/ GRAPHIC SCALE 200' 400' mot,; (L aoo' ..r(( ( IN FEET ) 1 INCH = 200 FT. 4.' )11� 'k. �It� SCM OUTFALL (TYP) 111`C141 ;yy,yytrtr�rrr, C,Af3.Orr F,, 0E1-3160 - ,01I 11111 //I/,, ```-57 LICENSE NO F-1407 ................... N PROJECT NUMBER: JM15.400 CN CN 0 CN co w 0 SCALE: AS NOTED DRAWN BY/CHK BY: SAH/JWF STORMWATER OVERVIEW SECREST PRICE ROAD TAYLOR MORRISON 3 OF 6 i \ \ \ N \ \ \ \\ 1 INTERMITTENT STREAM B ere 04 //SINGE PIPE HEADWALL . NCDOT STD. 838.80 \\\ ; si----` \ \ \ \� \ \ \\\ N. X \\ \ \\\N SUMMARY OF IMPACT STREAM ALONG CROSSING: ADD'L LENGTH FOR CONSTRUCTION: 30' 0 160 LF 1 850 SF (PERMANENT) 20 LF 1120 SF (TEMPORARY) GRAPHIC SCALE 15' 30' 60' J B#107 a CL _ / f RETAINING WALL DESIGNED BY OTHERS N \ \ N \ N \\ \ \ INTERi ITTENT STRfEAM B STREAM CROSSING #1 `�� INTERMITTENT STREAM B PERMANENT IMPACT: 160 LF1850 SF ADD'L TEMPORARY IMPACT: 20 LFI 120 SF N \\ i / /, / I I / / / / FES#400 / / / / / 120' ( IN FEET ) 1 INCH = 30 FT. 0 0 oQ 1/1 FRESHWATER POND A / ` ```�11111111////// z LICENSE NO.: F-1407 (\ i •••••••••••••••••••4-)- `` '/ / S s0 1111� 1c ;```` / PROJECT NUMBER: JM15.400 0 co co SCALE: AS NOTED DRAWN BY/CHK BY: SAH/JWF STREAM CROSSING #1 PLAN SECREST PRICE ROAD TAYLOR MORRISON 4 OF 6 0 630 620 610 600 rn 0 0 0 F 5' PROPOSED GRADE PROP RETAINING WALL —N. (DESIGN BY OTHERS) PROP. NCDOT HEADWALL (NCDOT STD. 83820 EXISTING GROUND (ALONG PIPEALIGNMENT) 72"RCP _151.09 LF 1.49% COCD 01 M co 0 Cco c O cm VERTICAL GRAPHIC SCALE 2.5' 5' 10' 20' 50' ( IN FEET ) 1 INCH = 5 FT. GRAPHIC SCALE 25' 50' 100' 200' ( IN FEET ) 1 INCH = 50 FT. ELEVATION J SIDE ‘‘Ns, ``11111 Rog, LICENSE NO.: F-1407 II WON PROJECT NUMBER: JM15.400 N 0 N CO CO SCALE: AS NOTED DRAWN BY/CHK BY: SAH/JWF STREAM CROSSING #1 PROFILE SECREST PRICE ROAD 0 Z W 0 0 TAYLOR MORRISON 5 OF 6 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 OF BANK -\),- ^ PROPOSED CHANNEL SLOPE CUT EXISTING SLOPE BACK TO 2:1 SLOPE MIN. EXISTING ----I CHANNEL SLOPE 1 WATER ELEV. ±6"1 CHANNEL BOTTOM ELEVATION ±16" MIRAFI FW500 GEOTEXTILE FABRIC OR EQUIVALENT NCDOT CLASS I RIPRAP STREAM BANK STABILIZATION 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. ````�III11 1111 ///♦I• z LICENSE NO.: F-1407 PROJECT NUMBER: JM15.400 N N 0 co co r SCALE: AS NOTED DRAWN BY/CHK BY: SAH/JWF STREAM CROSSING NOTES SECREST PRICE ROAD 0 w 0 z 0 TAYLOR MORRISON 6 OF 6 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 Page 2 of 7 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 Secrest Price June 1, 2022 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. Page 4 of 7 Secrest Price June 1, 2022 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 Secrest Price June 1, 2022 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 s- Q O n O N N N N O I� �U)Ow 005 0 0 c Z >a Z cfi� z O O L L < L J--J Z cD U C w i U U 0 C U) L a) w 0) U) I L Z co 4) U O a a) JJ 0 u 0 E a) c 0 CD C L 4J 0 J ! C E U 0 N U C N U U 0 C 4) E w �- +, C CD c - Q c _O co O 4J 4J U) n3 4J Occ 4zw Q0I I U) C co O 4 •c U) w 2018-10-24 Eastern Creekshell Villosa delum M 0 M a) L tn a) w m No Natural Areas are Documented Within a One -mile Radius of the Project Area a One -mile Radius of the Project Area No Managed Areas are Documented a) a) a N N 0 N a 0' 0 z U z 4) U 7 0 N N 0 0i Q T @ @ C a O -0 z � U a z N O C -" O Ol O s O O 7 -0 c 0 o 17, L C 0 s_ > 0 7 0 NCNHDE-17921: Monroe Seerest Buffered Project Boundary jLJE 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