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HomeMy WebLinkAbout20221281 Ver 1_ePCN Application_20220916DWR 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: 9/16/2022 BIMS # Assigned* Version#* 20221281 1 Is a payment required for this project?* No payment required Fee received Fee needed - send electronic notification Select Project Reviewer* Doug Perez:eads\djperez Information for Initial Review la. Name of project: COURTESY COPY Harvest Hills Drive la. Who is the Primary Contact?* Aliisa Harjuniemi Reviewing Office* Mooresville Regional Office - (704) 663-1699 1 b. Primary Contact Email:* lc. Primary Contact Phone:* aliisa@cws-inc.net (980)259-1222 Date Submitted 9/16/2022 Nearest Body of Water UT to Campbell Creek Basin Catawba Water Classification Class C Site Coordinates Latitude: 35.214793° A. Processing Information County (or Counties) where the project is located: Mecklenburg Is this a NCDMS Project Yes No Is this project a public transportation project? * Yes No Longitude: -80.728185° 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: Sam Johnson 2b. Deed book and page no.: 2c. Contact Person: 2d. Address Street Address 7 Hampton Lane Address Line 2 City Bluffton Postal /Zip Code 29910 401 Water Quality Certification - Express Riparian Buffer Authorization State / Province / Region SC Country USA Yes No Yes No 2e. Telephone Number: (704)968-3271 2f. Fax Number: 2g. Email Address: * bobby@tdcrealestate.com 3. Applicant Information (if different from owner) 3a. Name: Bobby Drakeford 3b. Business Name: The Drakeford Company 3c. Address Street Address 1914 Brunswick Ave. STE. 1A Address Line 2 City Charlotte Postal / Zip Code 28207 3d. Telephone Number: (704)968-3271 3f. Email Address: * bobby@tdcrealestate.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 28273 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: Charlotte 2. Project Identification 2a. Property Identification Number: 103-221-30 2b. Property size: 15 2c. Project Address Street Address Harvest Hills Drive Address Line 2 City Charlotte Postal / Zip Code 28212 3. Surface Waters 3a. Name of the nearest body of water to proposed project: * UT to Campbell Creek 3b. Water Resources Classification of nearest receiving water: * Class C 3c. What river basin(s) is your project located in?* Catawba 3d. Please provide the 12-digit HUC in which the project is located. 030501030107 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 and a sewer line Right -of -Way. The surrounding land use consists of residential areas. On -site elevations range from 740-750 feet above mean sea level (Figure 2). Land cover within the project area consists of deciduous forest and mixed forest. According to the United States Department of Agriculture - Natural Resources Conservation Service (USDA-NRCS) Web Soil Survey of Mecklenburg County (Figure 4) and the NRCS Published Soil Survey for Mecklenburg County (Figure 5), on -site soils consist of three different soil types. Of the on -site soils listed on the Web Soil Survey, Helena soil series is listed as containing hydric inclusions. A review of the NWI GIS layer depicts a potential riverine system flowing through the center of the project limits and a potential freshwater pond in the northeastern portion of the project limits (Figure 6). FEMA National Flood Hazard Layer was reviewed for the project area (FEMA Panels 3710458300K). The Harvest Hills Drive site is located within the Area of Minimal Flood Hazard Zone (Figure 7). 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: 1.15 ac. 4g. List the total estimated linear feet of all existing streams on the property: 1,386 If perennial, 157 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 Charlotte North Carolina to meet the growing demand for housing due to population growth. 41. 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 Stream A with a culvert. This would result in 101 If permanent stream impact (S1). Additionally, rip rap aprons will be used up -and downstream of the culvert to prevent erosional forces from undermining the culvert (S2 - 38 If). The proposed culvert will be constructed in dry, utilizing a dewatering system. The dewatering system will be within the footprint of the proposed riprap apron. The proposed culvert will be buried one feet below the existing grade. Headwalls 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 Comments: No Unknown 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-2022-00249 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: CWS 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-2022-00249) dated February 3, 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.Impact 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 A Perennial Corps 8 Average (feet) 101 (linear feet) S2 Rip rap Permanent Rip Rap Fill Stream A Perennial Corps 8 Average (feet) 38 (linear feet) 3i. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 139 3i. Total stream and ditch impacts: 139 3j. Comments: The permanent loss of waters totals 101 If of perennial stream. E. Impact Justification and Mitigation 1. Avoidance and Minimization 3i. Total temporary stream impacts: 0 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. T he original plan was to avoid all stream impacts by using a bottomless culvert. However, this option turned out to be cost prohibitive. The proposed culvert will be buried one feet below the existing grade. Head walls were utilized to minimize the proposed impact (Attachment D). lb. 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 2c. If yes, mitigation is required by (check all that apply): DWR Corps 2d. If yes, which mitigation option(s) will be used for this project? Mitigation bank Payment to in -lieu fee program Permittee Responsible Mitigation 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. Yes No 4b. Stream mitigation requested: (linear feet) 101 4c. If using stream mitigation, what is the stream temperature: warm 4d. Buffer mitigation requested (DWR only): 4e. Riparian wetland mitigation requested: (square feet) (acres) 4f. Non -riparian wetland mitigation requested: 4g. Coastal (tidal) wetland mitigation requested: (acres) 4h. Comments NC SAM score: Low (acres) 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 Charlotte 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 sewerlines will tie to the existing line within the property. 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? Yes No No Unknown 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.fish eries. 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 January 21, 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 February 23, 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 Panel 3710458300K 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 Harvest Hills Dr._Cover Letter and Attachments.pdf 5.83MB 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 9/16/2022 CAROLINA WETLAND SERVICES, INC. 550 E. Westinghouse Blvd. Charlotte, NC 28273 704-527-1177 (office) 704-527-1133 (fax) Date: September 15, 2022 To: Bryan Roden -Reynolds U.S. Army Corps of Engineers Subject: Pre -Construction Notification Pursuant to Nationwide Permit No. 29 Harvest Hills Drive Charlotte, North Carolina CWS Project No. 2021-0131 Dear Mr. Roden -Reynolds, The Harvest Hills Drive site is approximately 15 acres in extent and is located southwest of the Hickory Grove Road and E WT Harris Blvd intersection in Charlotte, North Carolina (Figure 1, Attachment A). The Drakeford Company 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-2022-00249) Attachment D - Proposed Impacts Attachment E - Protected Species Assessment Attachment F - SHPO Letter Attachment G - Proposed Mitigation 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, Megan Bollero, WPIT Project Scientist Aliisa Harjuniemi, PWS Senior Project Manager Harvest Hills Drive September 15, 2022 Attachments CWS Project No. 2021-0131 ATTACHMENT A: Figures 1-8 State Location Extent Kentucky Virginia Tennessee South Carolina Georgia 14. d041frali 40 Alemnip ovivo vrat vikok Cenral Avn a dx C." E'e REFERENCE: BACKGROUND VICINITY MAP PROVIDED BY ESRI, 2021. Hickory Grove R� 44, st,e Albernnriol�`I Reedy C leek Nature Preserve 0 74 a ° Ghu{ch Rd rer 4 L 7 i, v nt s �. Legend Project Limits (15 Acres) a � 5,000 2,500 0 5,000 Feet SCALE: 1 inch = 5,000 feet DATE: 10/13/2021 CWS PROJECT NO 2021-0131 DRAWN BY: AVH COORDINATES: 35.214793, -80.728185 CHECKED BY: GCA GAR❑ LI NA WETLAND SERVICES Vicinity Map Harvest Hills Drive Mecklenburg County Charlotte, North Carolina FIGURE NO. G:\Shared drives\Consulting Team Drive\2021\2021 Consulting Projects\2021-0131 Harvest Hills\Preliminary Wetland Investigation\ArcGIS\Figurel_Vicinity.mxd Kr, t'n .z '1,0. i :DR REFERENCE: USGS 7.5 MINUTE TOPOGRAPHIC QUADRANGLE(S): MINT HILL, NC (2018). SCALE: 1 inch = 2,000 feet CWS PROJECT NO 2021-0131 COORDINATES: 35.214793, -80.728185 DATE: 10/13/2021 DRAWN BY: AVH CHECKED BY: GCA 14-r ]. ,nr GAR❑ LI NA WETLAND SERVICES 2,000 1,000 0 2,000 Feet USGS Topographic Map Harvest Hills Drive Mecklenburg County Charlotte, North Carolina G:\Shared drives\Consulting Team Drive\2021\2021 Consulti g Projects\2021-0131 Harvest Hills\Preliminary Wetland Investigation\ArcGIS\Figure2_USGS.mxd FIGURE NO. 2 REFERENCE: BACKGROUND AERIAL IMAGERY PROVIDED BY ESRI, ACCESSED 2021. BACKGROUND GIS LAYER(S) PROVIDED BY MECKLENBURG COUNTY GIS DEPARTMENT, DATED 2021. dirt, I as -AL - Legend r 1 Project Limits (15 Acres) Roads Tax Parcels _1__'rLi► 1 r •. SCALE: 1 inch = 250 feet DATE: 12/16/2021 CWS PROJECT NO: 2021-0131 DRAWN BY: ALH COORDINATES: 35.214793, -80.728185 CHECKED BY: AVH k\( CAROLINA WETLAND SERVICES Aerial Map Harvest Hills Drive Mecklenburg County Charlotte, North Carolina FIGURE NO. 3 G:\Shared drives\Consulting Team Drive\2021\2021 Consulting Projects\2021-0131 Harvest Hills\JD\ArcGIS\Figure3_Aerial.mxd H He MO CeB2 EnB HeB <90 7� o Four fno.c's pr Four se. Hickory Grove Rd English Soil Unit Name and Description Hydric Coverage (%) Cecil sandy clay loam, 2 to 8 percent slopes, moderately eroded No 47.5 Enon sandy loam, 2 to 8 percent slopes Helena sandy loam, 2 to 8 percent slopes No 10.8 Yes Total Coverage 100 111111.45 - REFERENCE: USDA-NRCS WEB SOIL SURVEY OF MECKLENBURG COUNTY, NC, DATED 2021. 1 Parkland 1,000 Legend 500 Woodthrush Glencannon Dr Project Limits (15 Acres) Roads 0 1,000 Feet SCALE: 1 inch = 1,000 feet CWS PROJECT NO: 2021-0131 COORDINATES: 35.214793, -80.728185 DATE: 1/13/2022 DRAWN BY: ALH CHECKED BY: AVH CAROLINA WETLAND SERVICES USDA-NRCS Web Soil Survey of Mecklenburg County Harvest Hills Drive Mecklenburg County Charlotte, North Carolina FIGURE NO. 4 G:\Shared drives\Consulting Team Drive \2021\2021 Consulting Projects\2021-0131 Harvest Hills\JD\ArcGIS\Figure4_Current.mxd Ur 7 CCP.2 HuE VnB Hickory Grove Rd Soil Unit Name and Description Aiexanders Store cco 2. r Cecil sandy clay loam, 2 to 8 percent slopes, moderately eroded Enon sandy loam, 2 to 8 percent slopes Helena sandy loam, 2 to 8 percent slopes REFERENCE: USDA-NRCS PUBLISHED SOIL SURVEY OF MECKLENBURG COUNTY, NC, SHEET 8, DATED 1980. 1\ Hydric No No Yes Ce52 / C252 Cu92 SGL7'TNERN MD 1-VeB Legend c� Project Limits (15 Acres) 2,000 1,000 0 2,000 Feet Vl e / \ \ 1 I It //J -C SCALE: DATE: 1 inch = 2,000 feet CWS PROJECT NO: 2021-0131 COORDINATES: 35.214793, -80.728185 12/16/2021 DRAWN BY: ALH CHECKED BY: AVH CAROLINA WETLAND SERVICES USDA-NRCS Published Soil Survey FIGURE NO. of Mecklenburg County Harvest Hills Drive Mecklenburg County Charlotte, North Carolina G:\Shared drives\Consulting Team Drive\2021\2021 Consulting Projects\2021-0131 Harvest Hills\JD\ArcGIS\Figure5_HistoricSoils.mxd 5 Q� /.I 3 -2 ,. garcllif Dr English Hills Dr FOLir w r Inds Or aPOW' seasons Y Ra REFERENCE: NATIONAL WETLAND INVENTORY DATA PROIVDED BY UNITED STATES FISH AND WILDLIFE SERVICE FOR NORTH CAROLINA, ACCESSED 2021. BACKGROUND LAYER(S) PROVIDED BY MECKLENBURG COUNTY GIS DEPARTMENT, DATED 2021. SCALE: 1 inch = 1,000 feet CWS PROJECT NO: 2021-0131 COORDINATES: 35.214793, -80.728185 DATE: 12/16/2021 DRAWN BY: ALH CHECKED BY: AVH CAROLINA WETLAND SERVICES Legend Project Limits (15 Acres) Roads National Wetland Inventory J 12 Long Pine Dr Hollyberry Dr Glencannon Dr Freshwater Emergent Wetland Freshwater Forested/Shrub Wetland Freshwater Pond Riverine / 'etc 1,000 500 0 1,000 Feet National Wetland Inventory Harvest Hills Drive Mecklenburg County Charlotte, North Carolina FIGURE NO. 6 G:\Shared drives\Consulting Team Drive\2021\2021 Consulting Projects\2021-0131 Harvest Hills\JD\ArcGIS\Figure6_NWI.mxd REFERENCE: BACKGROUND AERIAL IMAGERY PROVIDED BY ESRI, ACCESSED 2021. BACKGROUND GIS LAYER(S) PROVIDED BY MECKLENBURG COUNTY GIS DEPARTMENT, DATED 2021. FEMA NATIONAL FLOOD HAZARD LAYER PROVIDED BY FEMA, DATED 2014. 'iiIIC.T .►C ► .i-Aikkita._mac. y Legend Q Project Limits (15 Acres) Roads Flood Hazard Zones Zone Type 1 % Annual Chance Flood Hazard rAr Regulatory Floodway 1- A Special Floodway Area of Undetermined Flood Hazard 0.2% Annual Chance Flood Hazard giN Future Conditions 1 % Annual Chance Flood Hazard r ion Area with Reduced Risk Due to Levee r Area with Risk Due to Levee II 250 125 0 250 Feet SCALE: 1 inch = 250 feet DATE: 12/16/2021 CWS PROJECT NO: 2021-0131 DRAWN BY: ALH COORDINATES: 35.214793, -80.728185 CHECKED BY: AVH CAROLINA WETLAND SERVICES FEMA National Flood Hazard Map Harvest Hills Drive Mecklenburg County Charlotte, North Carolina FIGURE NO. 7 G:\Shared drives\Consulting Team Drive\2021\2021 Consulting Projects\2021-0131 Harvest Hills\JD\ArcGIS\Figure7_FEMA.mxd Emergent Wetland AA 0.07 ac. REFERENCE: BACKGROUND GIS LAYER(S) PROVIDED BY MECKLENBURG 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 JANUARY 10, 2022. JURISDICTIONAL FEATURES HAVE NOT BEEN VERIFIED BY THE USACE. SCALE: 1 inch = 250 feet CWS PROJECT NO: 2021-0131 COORDINATES: 35.214793, -80.728185 1 /11 /2022 DRAWN BY: ALH CHECKED BY: AVH Wetland BB Emergent: 0.33 ac. Forested: 0.75 ac. Perennial Stream A 1,386 If CAROLINA WETLAND SERVIC£5 Stream B 157 If 1;SCP2 Legend Project Limits (15 ac.) Intermittent Stream Perennial Stream Emergent Wetland Forested Wetland Roads Tax Parcels SDP Data Point SCP Stream Classification Point Indicates Flow N Photo Location and Direction 250 125 Jurisdictional Boundaries Harvest Hills Drive Mecklenburg County Charlotte, North Carolina G:\Shared drives\Consulting Team Drive\2021\2021 Consulting Projects\2021-0131 Harvest Hills\JD\ArcGIS\Figure8_JD.mxd 1 250 Feet FIGURE NO. 8 Harvest Hills Drive September 15, 2022 Attachments CWS Project No. 2021-0131 ATTACHMENT B: Agent Authorization Form U.S. Army Corps of Engineers — Wilmington District - Regulatory Division AGENT AUTHORIZATION I. PROJECT/SITE INFORMATION Site Name: Harvest Hills Drive Property Identification Number(s): 103-221-30 IL REQUESTOR AUTHORIZATION I, the undersigned, Bobby Drakeford ,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. Date Principal Purpose: The information that you provide wili 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 requestfor a jurisdictional determination cannot be evaluated nor can a jurisdictional determination be issued, January 2020 Harvest Hills Drive September 15, 2022 Attachments CWS Project No. 2021-0131 ATTACHMENT C: Preliminary Jurisdictional Determination (SAW-2022-00249) SAW-2022-00249 Requestor: Address: Telephone Number: E-mail: Size (acres) Nearest Waterway USGS HUC U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2022-00249 County: Mecklenburg U.S.G.S. Quad: NC -Mint Hill NOTIFICATION OF JURISDICTIONAL DETERMINATION The Drakeford Company Bobby Drakeford 1914 Brunswick Ave, Suite lA Charlotte, NC 28207 704-968-3271 bobby(atdcrealestate.co m 15 Nearest Town Charlotte Campbell Creek River Basin Santee 03050103 Coordinates Latitude: 35.214793 Longitude: -80.728185 Location description: The review area is located on the south side of Johnette Drive; approximately 0.1 miles east of the intersection of Johnette Drive and Lawrence Orr Road. PINS; 103-221-30. Reference review area description shown in the Jurisdictional Determination Request package entitled "Figure 1, Vicinity Map" and dated 10/13/21. Indicate Which of the Following Apply: A. Preliminary Determination There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The waters, including wetlands have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. The approximate boundaries of these waters are shown on the enclosed delineation map dated 10/13/2021. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. ❑ There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the waters, including wetlands have not been properly delineated, this preliminary jurisdiction determination may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an effective presumption of CWA/RHA jurisdiction over all of the waters, including wetlands at the project area, which is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters, including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. B. Approved Determination ❑ There are Navigable Waters of the United States within the above described project area/property subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ There are waters, including wetlandson the above described project area/property subject to the permit requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ We recommend you have the waters, including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. SAW-2022-00249 ❑ 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 02/03/2022. 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: 2022.02.03 16:52:37 -05'00' SAW-2022-00249 Date of JD: 02/03/2022 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: CWS, Inc. Me2an Bollero Address: 550 E. Westinghouse Boulevard Charlotte, NC 28273 Telephone Number: 757-576-6433 E-mail: ,e2am(a,cws-inc.net Property Owner: N/A Sam Johnson Address: 7 Hampton Lane Bluffton, SC 29910 Telephone Number: not provided E-mail: not provided PROCESS AND NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND REQUEST FOR APPEAL Applicant: The Drakeford Company Bobby Drakeford File Number: SAW-2022-00249 Date: 02/03/2022 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 grAg I - The following identifies your rights and options regarding an administrative appeal of the above decision. information may be found at or http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits.aspx 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: 02/03/2022 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: The Drakeford Company, Bobby Drakeford, 1914 Brunswick Ave, Suite 1A, Charlotte, NC 28207 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Harvest Hills Drive, SAW- 2022-00249 D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The review area is located on the south side of Johnette Drive; approximately 0.1 miles east of the intersection of Johnette Drive and Lawrence Orr Road. PINS; 103-221-30. Reference review area description shown in the Jurisdictional Determination Request package entitled "Figure 1, Vicinity Map" and dated 10/13/21. (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: NC County: Mecklenburg City: Charlotte Center coordinates of site (lat/long in degree decimal format): Latitude: 35.214793 Longitude: -80.728185 Universal Transverse Mercator: Name of nearest waterbody: Campbell Creek E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): Z Office (Desk) Determination. Date: 02/03/22 Field Determination. Date(s): TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION Feature Latitude (decimal degrees) Longitude (decimal degrees) Estimated amount of aquatic resources in review area (acreage and linear feet, if applicable Type of aquatic resources (i.e., wetland vs. non- wetland waters) Geographic authority to which the aquatic resource "may be" subject (i.e., Section 404 or Section 10/404) Wetland AA 35.21492500 -80.72808600 0.07 acre Wetland 404 Wetland BB 35.21514000 -80.72736400 1.08 acres Wetland 404 Stream A 35.21485000 -80.72820400 1,386 linear feet Non -wetland 404 Stream B 35.21557600 -80.72638300 157 linear feet 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: Figures 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 2, USGS Topographic Map (7.5-minute quadrangle Mint Hill, NC) ® Natural Resources Conservation Service Soil Survey. Citation: Figure 4, USDA-NRCS Web Soil Survey of Mecklenburg County (Web Soil Survey of Mecklenburg County) and Figure 5, USDA-NRCS Published Soil Survey of Mecklenburg County (Soil Survey of Mecklenburg County Sheet 8 Dated 1980) ® National wetlands inventory map(s). Cite name- Figure 6, National Wetland Inventory (USFWS NWI Mapper) ❑ State/local wetland inventory map(s): ® FEMA/FIRM maps: Figure 7, FEMA National Flood Hazard Map (National Flood Hazard Laver) ❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929) ® Photographs: ® Aerial (Name & Date): Figure 1, Vicinity Map (Dated 10/13/21), Figure 3, Aerial Map (Dated 12/16/21) and Figure 8, Jurisdictional Boundaries (Dated 01/11/22) or Z Other (Name & Date): Photographs 1-6 ❑ Previous determination(s). File no. and date of response letter: ® Otherinformation(pleasespecify): NCDWQ Stream Identification Forms, Version 4.11 (Dated 01/10/22) 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 2022.02.03 16:52:19-05'00' Signature and date of Regulatory Signature and date of person requesting PJD staff member completing PJD (REQUIRED, unless obtaining the signature is 02/03/2022 impracticable)' 1 Districts may establish timeframes for requester to return signed PJD forms. If the requester does not respond within the established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action. Emergent Wetland AA 0.07 ac. REFERENCE: BACKGROUND GIS LAYER(S) PROVIDED BY MECKLENBURG 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 JANUARY 10, 2022. JURISDICTIONAL FEATURES HAVE NOT BEEN VERIFIED BY THE USACE. SCALE: 1 inch = 250 feet CWS PROJECT NO: 2021-0131 COORDINATES: 35.214793, -80.728185 1 /11 /2022 DRAWN BY: ALH CHECKED BY: AVH Wetland BB Emergent: 0.33 ac. Forested: 0.75 ac. Perennial Stream A 1,386 If CAR❑LINA WETLAND SERVICES Stream B 157 If 1;SCP2 Legend Project Limits (15 ac.) Intermittent Stream Perennial Stream Emergent Wetland Forested Wetland Roads Tax Parcels SDP Data Point SCP Stream Classification Point Indicates Flow N Photo Location and Direction 250 125 Jurisdictional Boundaries Harvest Hills Drive Mecklenburg County Charlotte, North Carolina G:\Shared drives\Consulting Team Drive\2021\2021 Consulting Projects\2021-0131 Harvest Hills\JD\ArcGIS\Figure8_JD.mxd 1 250 Feet FIGURE NO. 8 Harvest Hills Drive September 15, 2022 Attachments CWS Project No. 2021-0131 ATTACHMENT D: Proposed Impacts . MVO Villa il I 14 a .. ii, . 401 147,1111 I *444 :Ls, AND) ilE l22E -(MS) PIN 10322135 — — BARBARA M. OGLESBY AND HUSBAND, NOBBY JOE OGLESBY BK 3594 PG 388 ZONING: R-3 JNUMENT j83.95 (N etA 8.69 ( 833) W8) PIN 10322140 BARNES MARY BK 04686 PG 799 ZONING: R-3 N4j 0141°23'24 WEI_ tY5248• PIN 10322128 STEWARD EMMETT BK 36772 eG 739 PROPOSED STORMWATER MANAGEMENT #1 / I / I 1 ,pNNNETTEDR 1 PIN 10322J 1 FRENCH SA A BK 30562 PG 425 ZONING: R- TRACT-2 TRACT-1 PROPOSED STORMWATER ` MANAGEMENT #2 `) PIN 10322118 JOHN OLIVER WALLACE B •67 P 06 PIN 10322119 JOHN O. WALLACE BK 8109 PG 59 ZONING: R=3� \ 49 A 48 \ 50 v\ 6' SIDEWALK 8' PLANTER STRIP (TYP) 6' SIDEWALK 8' PLANTER STRIP (TYP) N 10331319 TAYLOR PAUL 06134 PG 03i ZONING... F- / / �. / ..� � ' ,�� \ O Q ���/ ,, RaN> ; / �� 2� / PlN 0 1 =.I W 9 I ��� a401 AAND'EWS D407 2 m° 'G 479 /�\/ / / oNI R-3 1854 SF ENHANCED LANDSCAPE AREA .a ''PIN10322217 \JOHNSTON GRAHAM BK 01353 PG 505 ZONING: R-3 S TRIANI 2ACCESSIBLE RAMPS (TYP) PIN 10321237 HICKORY GROVE BAPTIST CHURCH CHARLOTTE NC, INC. BK 06303 P 57 PIN 103222116 CITY OF CHARLOTTE BK 27126 PG 169 ZONING: R-3 PIN 103222715 HICKORY GROVE BAPTIST BK 25960 PG 467 ZONING: R-3 yk PIN 10324108 PC DELTA CROSSING LLC BK 35308 P 309 GRAPHIC SCALE ( ]N FEET ) 1 inch = 60 ft. tptW 6101 1 HICK CHURL PI )V 10322736 R GROVE BAPTIST HARLOTTE NC, INC 77875 PG 389 ZONINGMNST PIN 70322202 HICKORY GROVE BAPTIST CHURCH CHARLOTTE NC, INC BK 77875 PG 436 1 �.. 9 lloe, PG / iNT7�T PE� Oe 35 Spgi ALE (p4LOPER PIN 10324108 PC DELTA CROSSING LLC BK 35.308 PG 309 ZONING: R-20 AA DEVELOPMENT DATA: TAX PARCEL ID: LAND USE: TOTAL SITE AREA: TOTAL LOT AREA: TOTAL R.O.W. AREA: TOTAL OPEN SPACE AREA: TOTAL NUMBER OF LOTS: SINGLE-FAMI MULTI-FAMIL� PROPOSED DENSITY: ZONING DATA: FEMA FLOOD PANEL: WATERSHED: PC DISTRICT: ZONING DISTRICT: 103-221-30 RESIDENTIAL 15.3 ACRES 6.12 ACRES 1.98 ACRES 7.2 ACRES 64 36 28 4.18 DUA 1 1 3710458300K MCALPINE CENTRAL CATAWBA CURRENT: R-3 PROPOSED: MX-1 IN NOV INNOVATIVE STANDARDS: MIN. LOT SIZE: MIN. SINGLE-FAMILY LOT SIZE: 4,500 SF MIN MULTI -FAMILY SUBLOT SIZE: 1725 SF MIN LOT WIDTH: MIN. SINGLE-FAMILY LOT WIDTH: 40 FT MIN MULTI -FAMILY SUBLOT WIDTH: 18 FT MAX HEIGHT: 40 FT MAX DENSITY: 6 DUA SETBACKS: FRONT YARD: SIDE YARD: REAR YARD: MIN 20 FT MIN 5' MIN 20' 6U OPEN SPACE: REQUIRED: 1.53 ACRES TREE SAVE CALCULATIONS: TOTAL BOUNDARY ACREAGE: MU A 15%m 2. �. R NGLE FAMILY AREA (10% OF 12.82 ACRES TOTAL TREE SAVE REQUIRED: TOTAL TREE SAVE PROVIDED: 15.3 ACRES 0.37 ACRES ACRES 1.• CRES SHALL BE PROVIDED PER ORDINANC NOTES: 1. DEDICATION AND FEE SIMPLE CONVEYANCE OF ALL RIGHTS -OF -WAY TO THE CITY BEFORE THE SITE'S FIRST BUILDING CERTIFICATE OF OCCUPANCY IS ISSUED IS NEEDED. CDOT REQUESTS RIGHTS -OF -WAY SET AT 2 BEHIND BACK OF SIDEWALK WHERE FEASIBLE. 2 ALL TRANSPORTATION IMPROVEMENTS WILL BE APPROVED AND CONSTRUCTED BEFORE THE SITES FIRST BUILDING CERTIFICATE OF OCCUPANCY IS ISSUED AS NEEDED. THE PETITIONER MAY PHASE TRANSPORTATION IMPROVEMENTS IF SAID IMPROVEMENTS AND PHASING ARE EXPLICITLY DESCRIBED IN SITE PLAN NOTES. 3 APPROVED PLANTINGS SHALL BE INSTALLED AROUND STORMWATER MANAGEMENT FACILITIES THAT WILL SERVE TO ENHANCE THESE FACILITIES AND THE OVERALL COMMUNITY. 4 TOWNHOMES WILL COMPLY WITH EITHER 400 SQUARE FEET OF PRIVATE SPACE OR 10% UCOS. ENHANCED LANDSCAPE AREA SHALL BE EQUIVALENT OF CLASS C BUFFER. THE DRAKEFORD COMPANY HARVEST HILLS DR SUBDIVISION REZONING PETITION 2021-280 REVISED PER CITY COMMENTS REVISED PER CITY COMMENTS Drawing No RZ-1.0 (0.11Ac47�sFres) / / / / � v♦i j / �0�v•v ,bc 0 — -PROPPED — — e\ STORMWATER MANAGEMENT ,4/ --r,- / / V QV 132 / vv* 101 LF 8' SPAN X 6' RISE / / PRECAST BOX CULVERT / / 7 i / / 9 / . ' RIPRAP APRON 25 LF PROP / / / / 6� / / / z Q / / Qo9 ��o��� �� ,/ '0 / 750 745 740 735 730 725 720 / / / / / / /____ / r //j /// ////' /j// / / / 130 /op 7/ /// 77 7 / /77 /77 / / / / / //P//V/1/OtJ1 E00/ / LEP/L//lD B0 / 11 / ( / / / / / / / / I / / I / / / / 1 / / / I Av 1 / / CONw Et CO •E I I 0 gw O] N- w ii C7w �� w C0 i - _ PROP GRADE ROAD CL 0 - 0.83% -O 0.62% - N - / EX GROUND / / l 101 LF 8' SPAN X 6' RISE PRECAST BOX CULVERT 1--co t M coV co O� V V M M M M co CO M 7),O M N N M ai co'O (f) M 735.767 739.74 7 7 noo 0+00 0+50 1+00 1+50 2+00 2+50 3+00 3+50 4+00 4+50 750 745 740 735 730 725 720 4+77.83 30' 740 735 730 725 720 Stream CL EX GROUND STREAM CL 101 LF 8' SPAN X 6' RISE PRECAST BOX CULVERT 25 LF PROP RIPRAP APRON PROP GRADE 13 LF PROP RIPRAP APRON NOTES: 1. THE CULVERT WILL BE OCUNTERSUNK MINIMUM 1 FEET. 2. BMP OUTLETS SHALL NOT DRAIN DIRECTLY INTO THE STREAM. 0 15' GRAPHIC SCALE 30' 60' 120' 740 735 730 725 720 RISE SPAN RISE (fit) SPAN + (feet) I WALL THICKNESS T* (inches) HAUNCH H (inches) WEIGHT PER FOOT (.Vbs) i JOINT LENGTH (feet) 4 2 5 8 109O 8 3 _ 5 8 1120 8 4 4 5 8 1240 8 5 3 8 1480 8 .6 4 6 8 1630 8 5 5 r 8 1780 8 6 3 . I 8 1920 8 5 4 7 $ 2080 8 6 S 8 2260 8 6 7 C 2440 3 7 8 8 24o0 7 + 8 8 2600 8 7 88 28100 8 7 8 5, 3000 8 7 7 8 8 3200 8 4 8 8 2800 8 R 6 8 3200 7 8 8 3400 10 *1 1 0 10 4125 10 19 10 4375 r, 10 6 10_ 10 4625 6; 1 0 7 10 1 0 4875 6 10 8 ` 10 10 5125 6: ROB MEETS ASTM C-1433, Other Sizes Avail.] bile by Request. *— Mortiufoctures Reserves the Right to Submit Modified Designs Accordance with ASTM C-1433 Section 7.2. 4, Oldca#1 Precast' Vanguard 3230 NW. 17t1 Street, Toptko.. KS 6661I3 Pr,crre� 76''5232.2'982 Foxy 785232.58 2 RCB DATA FILE NAhE. 120DB PCBDATA_DET ISSUE MIMI icirruc.ny 2007 www.vanguand precast. co1T1 Reinforced Concrete Box Culvert Data Sheet Copyright +fir 2007 ohingwaPflica. a4 ,,,,,.,Noounor°oo '(N CARO O,<12 . •4"-FE SION-9? 9 SEAL Alts,;510‘...«• vktif 9-12-22 • 030918• 0 THE DRAKEFORD COMPANY ti 0 CO N 0 z w 1- 1- 0 J 0 ce � O HARVEST HILLS DR CHARLOTTE, NC 28212 0 0) N 0 E z 0 Drawing Information o) 0 (7, 0 N 0 co Y L Drawing No. Cl ( IN FEET ) 1 inch = 30 ft. Harvest Hills Drive September 15, 2022 Attachments CWS Project No. 2021-0131 ATTACHMENT E: Protected Species Assessment CAROLINA WETLAND SERVICES, INC. 550 E. Westinghouse Blvd. Charlotte, NC 28273 704-527-1177 (office) 704-527-1133 (fax) January 14, 2022 Bobby Drakeford The Drakeford Company 1914 Brunswick Ave, Ste. 1A Charlotte, NC 28207 Subject: Dear Mr. Drakeford, Protected Species Habitat Assessment Report Harvest Hills Drive Charlotte, North Carolina CWS Project No. 2021-0131 The Drakeford Company has contracted Carolina Wetland Services, Inc. (CWS) to provide a protected species habitat assessment for the Harvest Hills Drive site. The Harvest Hills Drive site is approximately 15 acres in extent and is located southwest of the Hickory Grove Road and E WT Harris Blvd intersection in Charlotte, 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 Mecklenburg County'. In addition, CWS performed a data review using the North Carolina Natural Heritage Program (NCNHP) Data Explorer2 and Information for Planning and Consultation (IPAC) database' on January 10, 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 of Agriculture - Natural Resources Conservation Service (USDA-NRCS) Web Soil Survey of 1 United States Fish and Wildlife Service, Raleigh Field Office. Accessed January 10, 2022. Endangered and Threatened Species and Species of Concern by County for North Carolina. https://www.fws.gov/raleigh/species/cntylist/mecklenburg.html 2 North Carolina Natural Heritage Data Explorer. Accessed January 10, 2022. https://ncnhde.natureserve.org/ 3 Information for Planning and Consultation (IPAC). https://ecos.fws.gov/ipac/ 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 January 10, 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 Harvest Hills Drive January 14, 2022 Protected Species Assessment Report CWS Project No. 2021-0131 Mecklenburg 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 January 10, 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 current occurrences of federally protected species within a one -mile radius of the project limits (Attachment A). The USFWS lists seven federally protected species for Mecklenburg 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 Harvest Hills Drive, Mecklenburg 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 Bombus affinis Rusty -patched bumble bee E Historical Animal Myotis septentrionalis Northern -long-eared bat T Probable/Potential Animal Haliaeetus leucocephalus Bald eagle BGPA Current * E - Endangered, T - Threatened, BGPA - Bald and Golden Eagle Protection Act Two terrestrial community types were identified within the project area during the field survey. These community types consist of undeveloped forested areas and a sewer line right-of-way (Figure 3). Of the identified on -site community types, the forested areas and sewer line right-of-way 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 Mecklenburg County, North Carolina. Accessed January 10, 2022 Source: https://websoilsurvey.nres.usda.gov/app/HomePage.htm Wetland Professional in Training, The Society of Wetland Scientists Professional Certification 8 MLRC. National Land Cover Database, 2011. https://www.mrlc.gov/nlcd11_leg.php Page 2 of 7 Harvest Hills Drive January 14, 2022 Protected Species Assessment Report CWS Project No. 2021-0131 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 January 10, 2022, and determined that the Cecil and Enon soil series that have known Schweinitz's sunflower populations are located within project limits. However, the entirety of the project site is forested with a sewer line right-of-way which does not provide adequate sunlight to support Schweinitz's sunflower (Photographs 1-3). In addition, the emergent wetlands are too wet to be suitable habitat for Schweinitz's sunflower. Due to the lack of habitat and known occurrences, CWS concludes that this project will have no effect on the Schweinitz's sunflower. 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. 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). 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 Harvest Hills Drive January 14, 2022 Protected Species Assessment Report CWS Project No. 2021-0131 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 slightly acidic which is not suitable habitat for Michaux's sumac. Additionally, there are no current records of this species within Mecklenburg 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 (Lasmipona 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. https://connect.ncdot.gov/resources/Environmental/Compliance%20Guides%20and%20Procedures/TE%20Animal%20Habitat% 20Descriptions%20Mar_6_2015.pdf Page 4 of 7 Harvest Hills Drive January 14, 2022 Protected Species Assessment Report CWS Project No. 2021-0131 Biological Analysis: There is one perennial stream within the study area (Stream A). The NCNHP data record review revealed that there are no known current occurrences for this species within the project limits, or within a one -mile radius of the project (Attachment A). Stream A drains into Campbell Creek which drains into McAlpine Creek. According to North Carolina Department of Environmental Quality, McAlpine has high levels of fecal coliform, which is not conducive for Carolina heelsplitter habitat15. 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. Rusty Patched Bumble Bee (Bombus affinis) The Rusty patched bumble bee was listed as Endangered under the ESA in January 2016.16 Rusty patched bumble bees once occupied grasslands and tallgrass prairies of the Upper Midwest and Northeast, but most grasslands and prairies have been lost, degraded, or fragmented by conversion to other uses. According to USFWS guidance, "the rusty patched bumble bee population has declined by approximately 90% or more. There are currently records of Bombus affinis in isolated places within 13 states and 1 providence since 2000. In these areas, surveys should only be completed by qualified biologists under the guidance of the federal recovery/scientific permit under section 10(a)(1)(B) of the ESA. These surveyors must also meet all applicable state permitting and reporting requirements. The presence of Bombus affinis has been broken down into three zones. A high potential zone provides a reasonable basis for describing where the species is likely to be present and where federal agencies and others should consult with Fish and Wildlife Services to evaluate the potential effects of their actions. A low potential zone buffers a high potential zone and is less likely to support existing populations. Scientists are hopeful that some of these low potential areas may contain the bee, and they recommend that surveyors obtain a scientific recovery permit. The third zone is the unoccupied zone. Scientists believe that the likelihood of finding the species in these areas is so low that they do not recommend scientific recovery permits, unless a Bombus affinis may have accidentally been collected.17 According to USFWS' Rusty Patched Bumble Bee Interactive Map, Mecklenburg County is located within an unoccupied zone. Therefore, the proposed project will have no effect on the Rusty -patched bumble bee. Northern long-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.18 The NLEB was listed as Threatened (T) on April 2, 2015. 15 https://files.nc.gov/ncdeq/Water%20Quality/Planning/TMDL/303d/2020/NC_2020_DRAFT_303D_LIST_PR.pdf 16 United States Fish and Wildlife Services. https://www.fws.gov/midwest/endangered/insects/rpbb/pdf/Survey_Protocols_RPBB_12ApriI2019.pdf 17 United States Fish and Wildlife Services. https://www.fws.gov/midwest/endangered/insects/rpbb/index.html 18 United States Fish and Wildlife Service. 2016. 4(d) Rule for the Northern Long -Eared Bat; Final rule. Page 5 of 7 Harvest Hills Drive January 14, 2022 Protected Species Assessment Report CWS Project No. 2021-0131 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 Harvest Hills Drive site is within range of the NLEB,19. 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,20 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, as well as, the area within a 1 mile radius of the project limits, was performed on January 10, 2022, using 2021 color aerials. There are no water bodies located within 1 mile of the Harvest Hills Drive site that are potentially large enough or sufficiently open to be considered a potential feeding source. According to the NCNHP database, there are no current occurrences 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 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, suitable habitat was not observed within the project limits for Schweinitz's sunflower, smooth coneflower, Michaux's sumac, Carolina heelsplitter, or bald eagle. Additionally, the project area is not located within the currently occupied range of the rusty -patched bumble bee. CWS has concluded that activities within the project area will not directly or indirectly jeopardize the continued existence of Schweinitz's sunflower, smooth coneflower, Michaux's sumac, Carolina Heelsplitter, bald eagle, or rusty -patched bumble bee. 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. https://www.gpo.gov/fdsys/pkg/FR-2016-01-14/pdf/2016-00617.pdf 19 The U.S. Fish and Wildlife Service (USFWS) 2016. https://www.fws.gov/midwest/endangered/mammals/nleb/pdf/WNSZone.pdf 20 https://www.fws.gov/midwest/MidwestBird/eaglepermits/bagepa.html Page 6 of 7 Harvest Hills Drive Protected Species Assessment Report January 14, 2022 CWS Project No. 2021-0131 Table 2. Biological Determination Requirements Summary Table for Federally Protected Species Scientific Name Common Name Federal Status* Effect on Listed Species Helianthus schweinitzii Schweinitz's sunflower E No Effect Echinacea laevigata Smooth coneflower E No Effect Rhus michauxii Michaux's sumac E No Effect Lasmigona decorata Carolina heelsplitter E No Effect Bombus affinis Rusty -patched bumble bee 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 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. 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, r Megan Bollero, WPIT Aliisa Harjuniemi, PWS Project Scientist Senior Project Manager Attachments: Figure 1: USGS Topographic Map Figure 2: USDA-NRCS Web Soil Map of Mecklenburg County Figure 3: Aerial Map Attachment A: NCNHP Data Review Report Attachment B: Representative Photographs (1-4) Page 7 of 7 "9D F'YLI :sr Croq pj GUFJ� REFERENCE: USGS 7.5 MINUTE TOPOGRAPHIC QUADRANGLE(S): MINT HILL, NC (2018). G taornanton fake HOLI KNF" 8,-r•. nAK r Legend 1 Project Limits (15 Acres) 2,000 1,000 0 2,000 Feet SCALE: 1 inch = 2,000 feet CWS PROJECT NO: 2021-0131 COORDINATES: 35.214793, -80.728185 DATE: 12/16/2021 DRAWN BY: ALH CHECKED BY: AVH CAR❑LINA 'Of ETLAND SERVICES USGS Topographic Map Harvest Hills Drive Mecklenburg County Charlotte, North Carolina FIGURE NO. 1 G:\Shared drives\Consulting Team Drive\2021\2021 Consulting Projects\2021-0131 Harvest Hills\PETS \ArcGIS\Figurel_USGS.mxd H He MO CeB2 EnB HeB <90 7� o Four fno.c's pr Four se. Hickory Grove Rd English Soil Unit Name and Description Hydric Coverage (%) Cecil sandy clay loam, 2 to 8 percent slopes, moderately eroded No 47.5 Enon sandy loam, 2 to 8 percent slopes Helena sandy loam, 2 to 8 percent slopes No 10.8 Yes Total Coverage 100 111111.45 - REFERENCE: USDA-NRCS WEB SOIL SURVEY OF MECKLENBURG COUNTY, NC, DATED 2021. 1 Parkland 1,000 Legend 500 Woodthrush Glencannon Dr Project Limits (15 Acres) Roads 0 1,000 Feet SCALE: 1 inch = 1,000 feet CWS PROJECT NO: 2021-0131 COORDINATES: 35.214793, -80.728185 DATE: 1/13/2022 DRAWN BY: ALH CHECKED BY: AVH CAROLINA WETLAND SERVICES USDA-NRCS Web Soil Survey of Mecklenburg County Harvest Hills Drive Mecklenburg County Charlotte, North Carolina FIGURE NO. 2 G:\Shared drives\Consulting Team Drive\2021\2021 Consulting Projects\2021-0131 Harvest Hills\ PETS \ArcGIS\Figure2_Current.mxd REFERENCE: BACKGROUND AERIAL IMAGERY PROVIDED BY ESRI, ACCESSED 2021. BACKGROUND GIS LAYER(S) PROVIDED BY MECKLENBURG COUNTY GIS DEPARTMENT, DATED 2021. NOTE: CWS CONDUCTED THE HABITAT ASSESMENT AND DELINEATION ON JANUARY 10, 2022. JURISDICTIONAL FEATURES HAVE NOT BEEN VERIFIED BY THE USACE. Legend Project Limits (15 Acres) Intermittent Stream Perennial Stream Emergent Wetland Forested Wetland Roads Tax Parcels Indicates Flow N Photo Location and Direction 250 125 0 250 Feet Fral SCALE: 1 inch = 250 feet DATE: 1/14/2022 CWS PROJECT NO: 2021-0131 DRAWN BY: ALH COORDINATES: 35.214793, -80.728185 CHECKED BY: AVH k\( CAROLINA WETLAND SERVICES Aerial Map Harvest Hills Drive Mecklenburg County Charlotte, North Carolina FIGURE NO. 3 G:\Shared drives\Consulting Team Drive\2021\2021 Consulting Projects\2021-0131 Harvest Hills\PETS\ArcGIS\Figure3_Aerial.mxd Harvest Hills Drive January 14, 2022 Attachments CWS Project No. 2021-0131 ATTACHMENT A: NCNHP Data Review Report ✓ 1■■ ■■ ■ NC DEPARTMENT OF U NDER NATURAL AND CULTURAL RESOURCES ■ ■u■ January 10, 2022 Amie Hoy Carolina Wetland Services 550 East Westinghouse Blvd Charlotte, NC 28273 RE: Harvest Hills; 2021-0131 Dear Amie Hoy: Roy Cooper, Governor D_ Reid Wilson, Secretary Misty Buchanan Deputy Director, Natural Heritage Program N CN H DE-16767 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. ILC 27803 • 16S1 HAIL SE 2VICE cEmER. RALEIGH, NIZ 27G99 CFC 119.707.9120 • FAX 919,707.9i21 a One -mile Radius of the Project Area � a) -c 41 4J z O O U 7 � U U 0 + C 0 (ll n3 a) w O) 0 C O O I a) (0 E L 4 U 0 z 0 a) U C a) U U 0 C a) E a) W Occ EO ID Scientific Name Common Name aida Taxonomic 0 7 O 0 0 co Delphinium exaltatum Tall Larkspur Vascular Plant 13743 No Natural Areas are Documented Within a One -mile Radius of the Project Area Documente i a) 0 H a) C 0 a) C 7 0 0 0) C a) U a) 0L a) 0 C0 L 0 a) U 0 Ln C a) 0 0 4J C 7 0 0 0) 7 Q ro (7 U U Local Government Campbell Creek Mecklenburg County U 0 Ln C a) 0 0 4J C 7 0 0 O> 7 0 C a) - U L a) ro a N 0 N 0 Q 0 U 0 M 0 0 z U z a) U 7 0 N C O ro N Q @ co coa 7 C z U C z O a) O O N C N -o 0 7 O a 7 C @ C O • .N L 0 ro 0 C - a) C Cro N _cO C @ C C U L o n '0a, o 7 5 O Q Q al C a @ U a) a) L a a) -o a) O >+ U a) C c O C fo C L O . , a) C E N N a) 7ro a) 0 0 C O rcs L C O @ a - x a O C ro ro Q C s_N + O C - n3 a) a) 0 a NCNHDE-16767: Harvest Hills = s' g i; 2 410 41 •••' .4** f." r,cr 1.01r ,•4„,4 ,40•• 24+, ) 1 • 4.; ,, , ' .,11.rove 444.4.•,` 4r, 4+, • 44" 9 3 414 r! 2 y I :re si x4s Project Boundary Buffered Project Boundary Managed Area (MAREA) 2 7 Harvest Hills Drive January 14, 2022 Attachments CWS Project No. 2021-0131 ATTACHMENT B: Photopage (Photographs 1-4) Harvest Hills Drive Attachment B: Photopage January 14, 2022 CWS Project No. 2021-0131 Photograph 1. View of unsuitable habitat for any terrestrial species, facing southwest. Photograph 2. View of unsuitable habitat for any terrestrial species, facing southwest. Photopage 1 of 2 Harvest Hills Drive Attachment B: Photopage January 14, 2022 CWS Project No. 2021-0131 Photograph 3. View of unsuitable habitat for any terrestrial species, facing northeast. Photograph 4. View of unsuitable habitat for Carolina heelsplitter, facing downstream. Photopage 2 of 2 Harvest Hills Drive September 15, 2022 Attachments CWS Project No. 2021-0131 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. February 23, 2022 Megan Bollero, WPIT Carolina Wetland Services Inc. 550 East Westinghouse Boulevard Charlotte, NC 28273 megan@cws-inc.net Re: Construct Harvest Hills residential subdivision, 35.214793, -80.728185, Charlotte, Mecklenburg County, ER 22-0367 Dear Ms. Bollero: Thank you for your letter of January 21, 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 1) 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 Harvest Hills Drive September 15, 2022 Attachments CWS Project No. 2021-0131 ATTACHMENT G: Proposed Mitigation ROY COOPER. Governor ELIZABETH S. BISER Secretory MARC RECKTENWALD Director Bobby Darkeford The Drakeford Company 1914 Brunswick Ave. Ste. 1A Charlotte, NC 28207 NORTH CAROLINA Environmental Quality September 14, 2022 Expiration of Acceptance: 3/14/2023 Project: Harvest Hills Drive County: Mecklenburg The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to accept payment for compensatory mitigation for impacts associated with the above referenced project as indicated in the table below. Please note that this decision does not assure that participation in the DMS in - lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will be approved. You must also comply with all other state, federal or local government permits, regulations or authorizations associated with the proposed activity including G.S. § 143-214.11. This acceptance is valid for six months from the date of this letter and is not transferable. If we have not received a copy of the issued 404 Permit/401 Certification within this time frame, this acceptance will expire. It is the applicant's responsibility to send copies of the permits to DMS. Once DMS receives a copy of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the in -lieu fee to be paid by an applicant is calculated based upon the Fee Schedule and policies listed on the DMS website. Based on the information supplied by you in your request to use the DMS, the impacts for which you are requesting compensatory mitigation credit are summarized in the following table. The amount of mitigation required and assigned to DMS for this impact is determined by permitting agencies and may exceed the impact amounts shown below. River Basin Impact Location (8-digit HUC) Impact Type Impact Quantity Catawba 03050103 Warm Stream 101 *DMS proposes to utilize the Catawba 03 Expanded Service Area to meet the mitigation requirement. Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The mitigation will be performed in accordance with the In -Lieu Fee Program instrument dated July 28, 2010. Thank you for your interest in the DMS in -lieu fee mitigation program. If you have any questions or need additional information, please contact Kelly.Williams@ncdenr.gov. cc: Aliisa Harjumiemi, agent O&j . Ie:l: n1 (11,-101,11..131 QUA iv Sincerely, Aturktlactvwcv FOR James. B Stanfill Deputy Director North Carolina Department of Environmental Quality I Division of Mitigation Services 217 West Jones Street 11652 Mail Service Center I Raleigh, North Carolina 27699-1652 919.707.8976 NC SAM FIELD ASSESSMENT FORM Accompanies User Manual Version 2.1 USACE AID #: NCDWR #: INSTRUCTIONS: Attach a sketch of the assessment area and photographs. Attach a copy of the USGS 7.5-minute topographic quadrangle, and circle the location of the stream reach under evaluation. If multiple stream reaches will be evaluated on the same property, identify and number all reaches on the attached map, and include a separate form for each reach. See the NC SAM User Manual for detailed descriptions and explanations of requested information. Record in the "Notes/Sketch" section if supplementary measurements were performed. See the NC SAM User Manual for examples of additional measurements that may be relevant. NOTE EVIDENCE OF STRESSORS AFFECTING THE ASSESSMENT AREA (do not need to be within the assessment area). PROJECT/SITE INFORMATION: 1. Project name (if any): Harvest Hills Dr. 2. Date of evaluation: 10.1.22 3. Applicant/owner name: The Drakeford Company 4. Assessor name/organization: CWS 5. County: Mecklenburg 6. Nearest named water body 7. River basin: Catawba on USGS 7.5-minute quad: Campbell Creek 8. Site coordinates (decimal degrees, at lower end of assessment reach): 35.214285, -80.728823 STREAM INFORMATION: (depth and width can be approximations) 9. Site number (show on attached map): Stream A 10. Length of assessment reach evaluated (feet): 200 11. Channel depth from bed (in riffle, if present) to top of bank (feet): 4 ❑Unable to assess channel depth. 12. Channel width at top of bank (feet): 8 13. Is assessment reach a swamp steam? Yes ❑No 14. Feature type: ®Perennial flow ❑Intermittent flow ❑Tidal Marsh Stream STREAM CATEGORY INFORMATION: 15. NC SAM Zone: ❑ Mountains (M) ® Piedmont (P) ['Inner Coastal Plain (I) 16. Estimated geomorphic valley shape (skip for Tidal Marsh Stream): 17. Watershed size: (skip for Tidal Marsh Stream) ADDITIONAL INFORMATION: 18. Were regulatory considerations evaluated? ®Yes No If Yes, check all that apply to the assessment area. ['Outer Coastal Plain (0) ▪ Section 10 water ❑ Essential Fish Habitat ❑ Publicly owned property ❑ Anadromous fish ❑ A J ®B (more sinuous stream, flatter valley slope) (less sinuous stream, steeper valley slope) ▪ Size 1 (< 0.1 mi2) ®Size 2 (0.1 to < 0.5 mi2) Size 3 (0.5 to < 5 mi2) Size 4 (>_ 5 mil) ❑ Classified Trout Waters ▪ Primary Nursery Area ▪ NCDWR Riparian buffer rule in effect 111303(d) List ❑ Water Supply Watershed (❑I ❑II ❑III ❑IV ❑V) ['High Quality Waters/Outstanding Resource Waters ▪ Nutrient Sensitive Waters ❑ CAMA Area of Environmental Concern (AEC) ▪ Documented presence of a federal and/or state listed protected species within the assessment area. List species: ▪ Designated Critical Habitat (list species) 19. Are additional stream information/supplementary measurements included in "Notes/Sketch" section or attached? ®Yes ❑No 1. Channel Water - assessment reach metric (skip for Size 1 streams and Tidal Marsh Streams) ®A Water throughout assessment reach. ❑ B No flow, water in pools only. ❑ C No water in assessment reach. 2. Evidence of Flow Restriction - assessment reach metric ❑ A At least 10% of assessment reach in -stream habitat or riffle -pool sequence is severely affected by a flow restriction or fill to the point of obstructing flow or a channel choked with aquatic macrophytes or ponded water or impoundment on flood or ebb within the assessment reach (examples: undersized or perched culverts, causeways that constrict the channel, tidal gates, debris jams, beaver dams). ®B NotA 3. Feature Pattern - assessment reach metric ❑ A A majority of the assessment reach has altered pattern (examples: straightening, modification above or below culvert). ®B NotA 4. Feature Longitudinal Profile - assessment reach metric ❑ A Majority of assessment reach has a substantially altered stream profile (examples: channel down -cutting, existing damming, over widening, active aggradation, dredging, and excavation where appropriate channel profile has not reformed from any of these disturbances). ®B NotA 5. Signs of Active Instability - assessment reach metric Consider only current instability, not past events from which the stream has currently recovered. Examples of instability include active bank failure, active channel down -cutting (head -cut), active widening, and artificial hardening (such as concrete, gabion, rip -rap). ❑ A < 10% of channel unstable ❑ B 10 to 25% of channel unstable ®C > 25% of channel unstable 6. Streamside Area Interaction — streamside area metric Consider for the Left Bank (LB) and the Right Bank (RB). LB RB ❑ A ❑A ®B ®B Little or no evidence of conditions that adversely affect reference interaction Moderate evidence of conditions (examples: berms, levees, down -cutting, aggradation, dredging) that adversely affect reference interaction (examples: limited streamside area access, disruption of flood flows through streamside area, leaky or intermittent bulkheads, causeways with floodplain constriction, minor ditching [including mosquito ditching]) ❑ C ❑C Extensive evidence of conditions that adversely affect reference interaction (little to no floodplain/intertidal zone access [examples: causeways with floodplain and channel constriction, bulkheads, retaining walls, fill, stream incision, disruption of flood flows through streamside area] or too much floodplain/intertidal zone access [examples: impoundments, intensive mosquito ditching]) or floodplain/intertidal zone unnaturally absent or assessment reach is a man-made feature on an interstream divide 7. Water Quality Stressors — assessment reach/intertidal zone metric Check all that apply. ®A Discolored water in stream or intertidal zone (milky white, blue, unnatural water discoloration, oil sheen, stream foam) ❑ B Excessive sedimentation (burying of stream features or intertidal zone) ❑ C Noticeable evidence of pollutant discharges entering the assessment reach and causing a water quality problem ❑ D Odor (not including natural sulfide odors) ❑ E Current published or collected data indicating degraded water quality in the assessment reach. Cite source in "Notes/Sketch" section. ❑ F Livestock with access to stream or intertidal zone ❑ G Excessive algae in stream or intertidal zone ❑ H Degraded marsh vegetation in the intertidal zone (removal, burning, regular mowing, destruction, etc) ®I Other: (explain in "Notes/Sketch" section) ❑ J Little to no stressors 8. Recent Weather — watershed metric (skip for Tidal Marsh Streams) For Size 1 or 2 streams, D1 drought or higher is considered a drought; for Size 3 or 4 streams, D2 drought or higher is considered a drought. ❑ A Drought conditions and no rainfall or rainfall not exceeding 1 inch within the last 48 hours ❑ B Drought conditions and rainfall exceeding 1 inch within the last 48 hours ®C No drought conditions 9. Large or Dangerous Stream — assessment reach metric ❑ Yes No Is stream is too large or dangerous to assess? If Yes, skip to Metric 13 (Streamside Area Ground Surface Condition). 10. Natural In -stream Habitat Types — assessment reach metric 10a. ®Yes No Degraded in -stream habitat over majority of the assessment reach (examples of stressors include excessive sedimentation, mining, excavation, in -stream hardening [for example, rip -rap], recent dredging, and snagging) (evaluate for Size 4 Coastal Plain streams only, then skip to Metric 12) 10b. Check all that occur (occurs if > 5% coverage of assessment ❑A Multiple aquatic macrophytes and aquatic mosses (include liverworts, lichens, and algal mats) ®B Multiple sticks and/or leaf packs and/or emergent vegetation ❑ C Multiple snags and logs (including lap trees) ®D 5% undercut banks and/or root mats and/or roots in banks extend to the normal wetted perimeter ❑ E Little or no habitat reach) (skip for Size 4 Coastal Plain streams) ❑ F 5% oysters or other natural hard bottoms ❑ G Submerged aquatic vegetation ❑ H Low -tide refugia (pools) ❑ I Sand bottom ❑ J 5% vertical bank along the marsh ❑ K Little or no habitat *********************************REMAINING QU ESTIONS ARE NOT APPLICABLE FOR TIDAL MARSH STREAMS**************************** 11. Bedform and Substrate — assessment reach metric (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams) 11a. Yes No Is assessment reach in a natural sand -bed stream? (skip for Coastal Plain streams) 11 b. Bedform evaluated. Check the appropriate box(es). ®A Riffle -run section (evaluate 11c) ❑ B Pool -glide section (evaluate 11d) ❑ C Natural bedform absent (skip to Metric 12, Aquatic Life) 11 c. In riffle sections, check all that occur below the normal wetted perimeter of the assessment reach — whether or not submerged. Check at least one box in each row (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams). Not Present (NP) = absent, Rare (R) = present but < 10%, Common (C) = > 10-40%, Abundant (A) = > 40-70%, Predominant (P) = > 70%. Cumulative percentages should not exceed 100% for each assessment reach. NP R C A P ® ❑ ❑ ❑ ❑ Bedrock/saprolite ® ❑ ❑ ❑ ❑ Boulder (256 — 4096 mm) ® ❑ ❑ ❑ ❑ Cobble (64 — 256 mm) ❑ ❑ ® ❑ ❑ Gravel (2 — 64 mm) ❑ ❑ ❑ ® ❑ Sand (.062 — 2 mm) ❑ ❑ ❑ ® ❑ Silt/clay (< 0.062 mm) ® ❑ ❑ ❑ ❑ Detritus ® ❑ ❑ ❑ ❑ Artificial (rip -rap, concrete, etc.) 11d. Yes No Are pools filled with sediment? (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams) 12. Aquatic Life — assessment reach metric (skip for Tidal Marsh Streams) 12a. ®Yes No Was an in -stream aquatic life assessment performed as described in the User Manual? If No, select one of the following reasons and skip to Metric 13. ❑No Water ❑Other: 12b. ®Yes No Are aquatic organisms present in the assessment reach (look in riffles, pools, then snags)? If Yes, check all that apply. If No, skip to Metric 13. 1 >1 Numbers over columns refer to "individuals" for Size 1 and 2 streams and "taxa" for Size 3 and 4 streams. ❑ ❑Adult frogs ❑ Aquatic reptiles ❑ Aquatic macrophytes and aquatic mosses (include liverworts, lichens, and algal mats) ❑ ❑Beetles • ❑Caddisfly larvae (T) ❑ Asian clam (Corbicula) ❑ Crustacean (isopod/amphipod/crayfish/shrimp) ❑ ❑Damselfly and dragonfly larvae ❑ ❑Dipterans ❑ ❑Mayfly larvae (E) ❑ ❑Megaloptera (alderfly, fishfly, dobsonfly larvae) ❑ ❑Midges/mosquito larvae ❑ Mosquito fish (Gambusia) or mud minnows (Umbra pygmaea) ❑ ❑Mussels/Clams (not Corbicula) ❑ Other fish ❑ ❑Salamanders/tadpoles ❑ ❑Snails ❑ ❑Stonefly larvae (P) ❑ ❑Tipulid larvae ❑ ❑Worms/leeches 13. Streamside Area Ground Surface Condition — streamside area metric (skip for Tidal Marsh Streams and B valley types) Consider for the Left Bank (LB) and the Right Bank (RB). Consider storage capacity with regard to both overbankflow and upland runoff. LB RB ®A Little or no alteration to water storage capacity over a majority of the streamside area ❑ B ❑B Moderate alteration to water storage capacity over a majority of the streamside area ❑ C ❑C Severe alteration to water storage capacity over a majority of the streamside area (examples: ditches, fill, soil compaction, livestock disturbance, buildings, man-made levees, drainage pipes) 14. Streamside Area Water Storage — streamside area metric (skip for Size 1 streams, Tidal Marsh Streams, and B valley types) Consider for the Left Bank (LB) and the Right Bank (RB) of the streamside area. LB RB ❑ A ❑A Majority of streamside area with depressions able to pond water >_ 6 inches deep ❑ B ❑B Majority of streamside area with depressions able to pond water 3 to 6 inches deep ®C ®C Majority of streamside area with depressions able to pond water < 3 inches deep 15. Wetland Presence — streamside area metric (skip for Tidal Marsh Streams) Consider for the Left Bank (LB) and the Right Bank (RB). Do not consider wetlands outside of the streamside area or within the normal wetted perimeter of assessment reach. LB RB ❑ Y ❑Y Are wetlands present in the streamside area? ®N ®N 16. Baseflow Contributors — assessment reach metric (skip for Size 4 streams and Tidal Marsh Streams) Check all contributors within the assessment reach or within view of and draining to the assessment reach. ®A Streams and/or springs (jurisdictional discharges) ❑ B Ponds (include wet detention basins; do not include sediment basins or dry detention basins) ❑ C Obstruction passing flow during low -flow periods within the assessment area (beaver dam, leaky dam, bottom -release dam, weir) ❑ D Evidence of bank seepage or sweating (iron in water indicates seepage) ®E Stream bed or bank soil reduced (dig through deposited sediment if present) ❑ F None of the above 17. Baseflow Detractors — assessment area metric (skip for Tidal Marsh Streams) Check all that apply. ❑ A Evidence of substantial water withdrawals from the assessment reach (includes areas excavated for pump installation) ❑ B Obstruction not passing flow during low -flow periods affecting the assessment reach (ex: watertight dam, sediment deposit) Urban stream (>_ 24% impervious surface for watershed) ❑ D Evidence that the streamside area has been modified resulting in accelerated drainage into the assessment reach ❑ E Assessment reach relocated to valley edge ❑ F None of the above 18. Shading — assessment reach metric (skip for Tidal Marsh Streams) Consider aspect. Consider "leaf -on" condition. ®A Stream shading is appropriate for stream category (may include gaps associated with natural processes) ❑ B Degraded (example: scattered trees) ❑ C Stream shading is gone or largely absent 19. Buffer Width — streamside area metric (skip for Tidal Marsh Streams) Consider "vegetated buffer" and "wooded buffer" separately for left bank (LB) and right bank (RB) starting at the top of bank out to the first break. Vegetated Wooded LB RB LB RB ®A ®A ®A ®A >_ 100 feet wide or extends to the edge of the watershed ❑ B ❑B ❑B ❑B From 50 to < 100 feet wide ❑ C ❑C ❑C ❑C From 30 to < 50 feet wide ❑ D ❑D ❑D ❑D From 10 to < 30 feet wide ❑ E ❑E ❑E ❑E < 10 feet wide or no trees 20. Buffer Structure Consider for left LB RB — streamside area metric (skip for Tidal Marsh Streams) bank (LB) and right bank (RB) for Metric 19 ("Vegetated" Buffer Width). Mature forest Non -mature woody vegetation or modified vegetation structure Herbaceous vegetation with or without a strip of trees < 10 feet wide Maintained shrubs Little or no vegetation 21. Buffer Stressors — streamside area metric (skip for Tidal Marsh Streams) Check all appropriate boxes for left bank (LB) and right bank (RB). Indicate if listed stressor abuts stream (Abuts), does not abut but is within 30 feet of stream (< 30 feet), or is between 30 to 50 feet of stream (30-50 feet). If none of the following stressors occurs on either bank, check here and skip to Metric 22: Abuts < 30 feet LB RB LB RB ❑ A ❑A ❑A ❑A ❑ B ❑B ❑B ❑B ❑ C ❑C ❑C ❑C ❑ D ❑D ❑D ❑D 30-50 feet LB RB ❑A ❑A ❑ B ❑B ❑ C ❑C ❑ D ❑D Row crops Maintained turf Pasture (no livestock)/commercial horticulture Pasture (active livestock use) 22. Stem Density — streamside area metric (skip for Tidal Marsh Streams) Consider for left bank (LB) and right bank (RB) for Metric 19 ("Wooded" Buffer Width). LB RB ®A ®A Medium to high stem density ❑ B ❑B Low stem density ❑ C ❑C No wooded riparian buffer or predominantly herbaceous species or bare ground 23. Continuity of Vegetated Buffer — streamside area metric (skip for Tidal Marsh Streams) Consider whether vegetated buffer is continuous along stream (parallel). Breaks are areas lacking vegetation > 10 feet wide. LB RB ®A ❑ B ❑ C ®A ❑ B ❑ C The total length of buffer breaks is < 25 percent. The total length of buffer breaks is between 25 and 50 percent. The total length of buffer breaks is > 50 percent. 24. Vegetative Composition — streamside area metric (skip for Tidal Marsh Streams) Evaluate the dominant vegetation within 100 feet of each bank or to the edge of the watershed (whichever comes first) as it contributes to assessment reach habitat. LB RB ❑ A ❑A Vegetation is close to undisturbed in species present and their proportions. Lower strata composed of native species, with non-native invasive species absent or sparse. ®B ®B Vegetation indicates disturbance in terms of species diversity or proportions, but is still largely composed of native species. This may include communities of weedy native species that develop after clear -cutting or clearing or communities with non-native invasive species present, but not dominant, over a large portion of the expected strata or communities missing understory but retaining canopy trees. ❑ C ❑C Vegetation is severely disturbed in terms of species diversity or proportions. Mature canopy is absent or communities with non-native invasive species dominant over a large portion of expected strata or communities composed of planted stands of non -characteristic species or communities inappropriately composed of a single species or no vegetation. 25. Conductivity — assessment reach metric (skip for all Coastal Plain streams) 25a. Yes No Was conductivity measurement recorded? If No, select one of the following reasons. No Water ®Other: 25b. Check the box corresponding to the conductivity measurement (units of microsiemens per centimeter). ❑A < 46 ❑B 46 to < 67 ❑C 67 to < 79 ❑D 79 to < 230 ❑E >_ 230 Notes/Sketch: Urban stream. Invasive species, including Chinese privet and Autumn olive dominate the buffer. Draft NC SAM Stream Rating Sheet Accompanies User Manual Version 2.1 Stream Site Name Harvest Hills Dr. Date of Assessment 10.1.22 Stream Category Pb2 Assessor Name/Organization CWS Notes of Field Assessment Form (Y/N) Presence of regulatory considerations (Y/N) Additional stream information/supplementary measurements included (Y/N) NC SAM feature type (perennial, intermittent, Tidal Marsh Stream) YES NO YES Perennial USACE/ NCDWR Function Class Rating Summary All Streams Intermittent (1) Hydrology LOW (2) Baseflow HIGH (2) Flood Flow LOW (3) Streamside Area Attenuation MEDIUM (4) Floodplain Access MEDIUM (4) Wooded Riparian Buffer HIGH (4) Microtopography NA (3) Stream Stability LOW (4) Channel Stability LOW (4) Sediment Transport LOW (4) Stream Geomorphology HIGH (2) Stream/Intertidal Zone Interaction NA (2) Longitudinal Tidal Flow NA (2) Tidal Marsh Stream Stability NA (3) Tidal Marsh Channel Stability NA (3) Tidal Marsh Stream Geomorphology NA (1) Water Quality (2) Baseflow (2) Streamside Area Vegetation (3) Upland Pollutant Filtration (3) Thermoregulation (2) Indicators of Stressors (2) Aquatic Life Tolerance (2) Intertidal Zone Filtration MEDIUM HIGH HIGH HIGH HIGH YES MEDIUM NA (1) Habitat LOW (2) In -stream Habitat LOW (3) Baseflow HIGH (3) Substrate LOW (3) Stream Stability LOW (3) In -stream Habitat MEDIUM (2) Stream -side Habitat HIGH (3) Stream -side Habitat HIGH (3) Thermoregulation HIGH (2) Tidal Marsh In -stream Habitat NA (3) Flow Restriction NA (3) Tidal Marsh Stream Stability NA (4) Tidal Marsh Channel Stability NA (4) Tidal Marsh Stream Geomorphology NA (3) Tidal Marsh In -stream Habitat NA (2) Intertidal Zone NA Overall LOW