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HomeMy WebLinkAbout20221376 Ver 1_ePCN Application_20221004DWR 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: 8/31/2022 BIMS # Assigned* Version#* 20221376 1 Is a payment required for this project?* No payment required Fee received Fee needed - send electronic notification Reviewing Office* Mooresville Regional Office - (704) 663-1699 Information for Initial Review la. Name of project: Creekside Cottages la. Who is the Primary Contact?* Amber Lipsky What amout is owed?* $240.00 $570.00 Select Project Reviewer* Doug Perez:eads\djperez lb. Primary Contact Email:* lc. Primary Contact Phone:* amber.lipsky@wetlands-epg.com (401)339-4292 Date Submitted 10/4/2022 Nearest Body of Water Long Branch Basin Catawba Water Classification C Site Coordinates Latitude: Longitude: 35.3001 -81.2601 A. Processing Information County (or Counties) where the project is located: Gaston Is this a NCDMS Project Yes No Is this project a public transportation project? * Yes No 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: BBB&C Enterprises LLC 2b. Deed book and page no.: 2c. Contact Person: Bobby & Cathy Conner 2d. Address Street Address P.O. Box 845 Address Line 2 City Cherryville Postal /Zip Code 28021 401 Water Quality Certification - Express Riparian Buffer Authorization State / Province / Region NC Country USA Yes No Yes No 2e. Telephone Number: (704)860-0334 2f. Fax Number: 2g. Email Address: * mark.henninger@lennar.com 3. Applicant Information (if different from owner) 3a. Name: Mark Henninger 3b. Business Name: Lennar 3c. Address Street Address 6701 Carmel Road Address Line 2 Ste 425 City Charlotte Postal / Zip Code 28226 3d. Telephone Number: (704)542-8300 3f. Email Address: * mark.henninger@lennar.com 4. Agent/Consultant (if applicable) 4a. Name: Amber Lipsky 4b. Business Name: Wetlands & Environmental Planning Group, PLLC 4c. Address Street Address 10612-D Providence Road Address Line 2 PMB 550 City Charlotte Postal / Zip Code 28227 4d. Telephone Number: (401)339-4292 4f. Email Address: * heath.caldwell@wetlands-epg.com 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: Bessemer City 2. Project Identification 2a. Property Identification Number: 307413 2b. Property size: 97.36 2c. Project Address Street Address Address Line 2 City State / Province / Region Postal / Zip Code Country 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* Long Branch 3b. Water Resources Classification of nearest receiving water:* 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. 030501020602 4. Project Description and History 4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application:* The site is located just east of Costner School Road, and just north of Hwy 274 in Bessemer City, NC. The topography consists of upland flats grading into drainages to Long Creek, with the elevation ranging from 790 to 830 ft. The entire site is old farmland in various stages of succession; there is disturbed pine dominated cover on the upland slopes, and the lower slopes and stream corridors are dominated by a disturbed mixed hardwoods. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past? * Yes No Unknown 4f. List the total estimated acreage of all existing wetlands on the property: 0.24 4g. List the total estimated linear feet of all existing streams on the property: 7812 4h. Explain the purpose of the proposed project: * The proposed project will include one road crossing and utility installation. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * Fill and grading of the site will use standard equipment, excavator, dump truck, track hoe, etc. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* Yes No Comments: 5b. If the Corps made a jurisdictional determination, what type of determination was made? * Preliminary Approved Not Verified Unknown N/A Corps AID Number: SAW-2021-02109 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: Nic Nelson WEPG Unknown 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR This site was verified by K. Stygar (USAGE) on 11/12/21. A copy of the signed JD approval is included in the Jurisdictional Determination Information section. 6. Future Project Plans 6a. Is this a phased project?* 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? D. Proposed Impacts Inventory 1. Impacts Summary la. Where are the impacts associated with your project? (check all that apply): Wetlands Streams -tributaries Open Waters Pond Construction Buffers 3. Stream Impacts 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* S1 Road Crossing Permanent Culvert Stream D Perennial Corps 7 Average (feet) 120 (linear feet) S2 Road Crossing Permanent Rip Rap Fill Stream D Perennial Corps 10 Average (feet) 20 (linear feet) S3 Road Crossing Temporary Dewatering Stream D Perennial Corps 7 Average (feet) 36 (linear feet) S4 Utility Installation Temporary Excavation Stream D Perennial Corps 7 Average (feet) 32 (linear feet) 3i. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 140 3i. Total stream and ditch impacts: 208 3i. Total temporary stream impacts: 68 3j. Comments: S2- No loss impact; rip rap will be installed at pre -construction streambed elevations S4- Area will be restored to pre-existing conditions, as indicated on Streambank Stabilization Exhibit E. Impact Justification and Mitigation 1. Avoidance and Minimization la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: Impacts associated with the proposed development were limited through site selection, design, and location/orientation of the proposed lots and access routes. Efforts of minimization were implemented during the design to preserve existing site hydrology and limit adverse effects to existing, onsite natural habitat. Retaining walls are proposed to minimize impacts, sidewalks at the crossing have been pinched in, and 2:1 slopes will be implemented to limit impacts. The applicant has demonstrated avoidance and minimization efforts by avoiding 97% of site streams and all wetlands. lb. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Construction techniques will implement approved erosion control methods to avoid/minimize impacts to onsite/adjacent offsite receiving conveyances. Where possible, 2:1 slopes and the maximum allowable headwalls will be used to minimize crossing impacts. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? Yes No 2b. If this project DOES NOT require Compensatory Mitigation, explain why: Due to limited site impacts, no mitigation is proposed. F. Stormwater Management and Diffuse Flow Plan (required by DWR) 1. Diffuse Flow Plan la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? Yes No If no, explain why: 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? * 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. Gaston County Comments: Storm water on the site will be handled by facilities shown on the attached plans. The stormwater plan has not yet been submitted to Gaston County but will be designed to meet their criteria. 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. No additional phases proposed. 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. Wastewater generated on the site will be transported to the nearest treatment facility via sewer lines. 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or habitat?* Yes No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* Yes No 5c. If yes, indicate the USFWS Field Office you have contacted. Asheville 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? A threatened and endangered species assessment was conducted in which no species were identified. Habitat may occur for the Northern long-eared bat but the project is except as described in the attached T&E report. Concurrence has been obtained from FWS. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?* Yes No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat? * No essential fish habitat in this region. 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?* Yes No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* SHPO's website: https://nc.maps.arcgis.com/ Report from R.S. Webb & Associates 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain?* Yes No 8c. What source(s) did you use to make the floodplain determination?* www.fema.gov https://gis.gastongov.com/Map/Defaultaspx 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 Creekside Cottages PCN.pdf 8.26MB File must be PDF or KMZ Comments A complete PCN package is attached. 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: Amber Lipsky Signature Date 10/4/2022 WEPG Preliminary ORM Data Entry Fields for New Actions Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. SAW — 2021 - 02109 BEGIN DATE [Received Date]: Prepare file folder ❑ 1. Project Name [PCN Form A2a]: Creekside Cottages 2. Work Type: Private❑ Institutional ❑ 3. Project Description / Purpose [PCN Form 133d and 133e]: PCN request for residential development Assign Action ID Number in ORM ❑ Government ❑ Commercial ❑ 4. Property Owner / Applicant [PCN Form A3 or A4]: Lennar Carolinas (Applicant) 5. Agent / Consultant [PCN Form A5 —or ORM Consultant ID Number]: WEPG, PLLC c/o Amber Lipsky 6. Related Action ID Number(s) [PCN Form 135b]: 7. Project Location - Coordinates, Street Address, and/or Location Description [PCN Form 131b]: 35.8159,-80.8721 west of Costner School Road, at Bobbie Lane 8. Project Location - Tax Parcel ID [PCN Form 131a]: 307413 9. Project Location —County [PCN Form A2b]: Gaston 10. Project Location — Nearest Municipality or Town [PCN Form A2c]: Bessemer City 11. Project Information — Nearest Waterbody [PCN Form 132a]: Long Creek 12. Watershed / 8-Digit Hydrologic Unit Code [PCN Form B2c]:Catawba (03050102) Authorization: Section 10 ❑ Section 404 �✓ Section 10 & 404 ❑ Regulatory Action Type: ❑ Standard Permit U Nationwide Permit # 29 ❑ Regional General Permit # Jurisdictional Determination Request ❑Pre -Application Request Unauthorized Activity ❑ Compliance ❑ No Permit Required 001 0W411IW1L069% Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. October 4, 2022 Ms. Krysta Stygar U.S. Army Corps of Engineers Charlotte Regulatory Field Office 8430 University Executive Park Drive Charlotte, NC 28262 Mr. Douglas Perez NCDEQ Division of Water Resources 610 East Center Street, Suite 301 Mooresville, NC 28115 Mr. Paul Wcjoski NCDEQ Division of Water Resources Wetlands & Storm Water Branch 512 North Salisbury Street Raleigh, NC 27604 Mr. Byron Hamstead U.S. Fish and Wildlife Service Asheville Field Office 160 Zillicoa St. Asheville, NC 28801 Subiect: SAW-2021-002109; Pre -Construction Notification for NWP 429 for the Creekside Cottages site in Bessemer City, Gaston County, North Carolina Ms. Stygar, Messrs. Perez, Wcjoski, and Hamstead, Enclosed is a request for Nationwide Permit 929 for the Creekside Cottages site on 97.36 acres located east of Costner School Road at Bobbie Lane in Bessemer City, NC. The site is a proposed residential development and consists of eight streams and five wetlands. The site was verified by the USACE in November 2021. Please refer to the Jurisdictional Determination Information section for information on onsite surface waters. As shown on the attached exhibits, the proposed project will include permanent impacts to one stream for a road crossing. Temporary impacts are limited to utility installation and construction access to install the road crossing. Total permanent impacts proposed include 120 linear feet Charlotte Office: www.wetlands-epg.com Asheville Office: 10612-D Providence Rd. 1070 Tunnel Rd., Bldg. I PMB 550 Suite 10, PMB 283 Charlotte, NC 28277 Asheville, NC 28805 (704)904-2277 1 len.rindner@wetlands-epg.com Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. (0.019 acres) of stream impacts (Stream D). This access crossing was necessary due to City connectivity and emergency vehicle access requirements. Impacts associated with the proposed development were limited through site selection, design, and location/orientation of the proposed lots and access routes. Efforts of minimization were implemented during the design to preserve existing site hydrology and limit adverse effects to existing, onsite natural habitat. Retaining walls are proposed to minimize impacts, sidewalks at the crossing have been pinched in, and 2:1 slopes will be implemented to limit impact to site surface waters. The applicant has demonstrated avoidance and minimization efforts by avoiding 97% of site streams and all wetlands. Due to limited site impacts, no mitigation is proposed. Also enclosed is a copy of our Threatened/Endangered Species Evaluation for the site. No listed species were identified within the project area and we believe that there will be no effect on listed species, or their critical habitat as designated under Section 7 of the Endangered Species Act. This report has been submitted to Fish & Wildlife Services for concurrence. Please refer to the Threatened and Endangered Species Evaluation Section for additional details on the terrestrial species evaluation. Thank you for your consideration and please contact me if you have any questions, (401)339-4292 or email at amber. I ip sky kwetl ands-ep g.com. Sincerely, Amber Lipsky, P_WS Environmental Scientist Charlotte Office: 10612-D Providence Rd. PMB 550 Charlotte, NC 28277 (704)904-2277 len. ri ndner@wetlands-epg.corn www.wetiands-epg.com 2 Heath Caldwell, PWS Environmental Scientist Asheville Office: 1070 Tunnel Rd., Bldg. I Suite 10, PM 283 Asheville, NC 28805 C O V d d Q L. N CL Permit Application w A rE�QG T. Office Use Only: Corps action ID no. DWQ project no. Form Version 1.4 January 2009 Pre -Construction Notification (PCN) Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: ❑X Section 404 Permit ❑ Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: 29 or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? ❑ Yes ❑X No 1d. Type(s) of approval sought from the DWQ (check all that apply): ❑X 401 Water Quality Certification — Regular ❑ Non-404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ❑ Yes ❑X No For the record only for Corps Permit: ❑ Yes ❑X No 1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. ❑ Yes ❑X No 1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ❑ Yes ❑X No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ❑X No 2. Project Information 2a. Name of project: Creekside Cottages 2b. County: Gaston 2c. Nearest municipality / town: Bessemer City 2d. Subdivision name: 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: BBB&C Enterprises LLC 3b. Deed Book and Page No. 3c. Responsible Party (for LLC if applicable): Bobby & Cathy Conner 3d. Street address: P.O. Box 845 3e. City, state, zip: Cherryville, NC 28021 3f. Telephone no.: (704)860-0334 3g. Fax no.: 3h. Email address: mark.henninger@lennar.com Page 1 of 10 PCN Form — Version 1.4 January 2009 4. Applicant Information (if different from owner) 4a. Applicant is: ❑ Agent ❑X Other, specify: Developer 4b. Name: Mark Henninger 4c. Business name (if applicable): Lennar 4d. Street address: 6701 Carmel Road, Ste. 425 4e. City, state, zip: Charlotte, NC 28226 4f. Telephone no.: (704)542-8300 4g. Fax no.: 4h. Email address: mark.henninger@lennar.com 5. Agent/Consultant Information (if applicable) 5a. Name: Amber Lipsky 5b. Business name (if applicable): Wetlands & Environmental Planning Group, PLLC 5c. Street address: 10612-D Providence Road, PMB 550 5d. City, state, zip: Charlotte, NC 28277 5e. Telephone no.: (401)339-4292 5f. Fax no.: 5g. Email address: amber.lipsky@wetlands-epg.com Page 2 of 10 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 307413 1 b. Site coordinates (in decimal degrees): Latitude: 35.3001 Longitude:-81.2601 1c. Property size: 97.36 acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: Long Branch 2b. Water Quality Classification of nearest receiving water: C 2c. River basin: Catawba/03050102 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: The site is located just east of Costner School Road, and just north of Hwy 274 in Bessemer City, NC. The topography consists of upland flats grading into drainages to Long Creek, with the elevation ranging from 790 to 830 ft. The entire site is old farmland in various stages of succession; there is disturbed pine dominated cover on the upland slopes, and the lower slopes and stream corridors are dominated by a disturbed mixed hardwoods. 3b. List the total estimated acreage of all existing wetlands on the property: 0.24 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 7,812 3d. Explain the purpose of the proposed project: The proposed project will include one road crossing and utility installation. 3e. Describe the overall project in detail, including the type of equipment to be used: Fill and grading of the site will use standard equipment, excavator, dump truck, track hoe, etc. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project(including all priorphases) in thepast? ❑X Yes ❑ No ❑ Unknown Comments: SAW-2021-02109 4b. If the Corps made the jurisdictional determination, what type of determination was made? ❑X Preliminary ❑ Final 4c. If yes, who delineated the jurisdictional areas? Name (if known): Nic Nelson Agency/Consultant Company: WEPG Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. This site was verified by K. Stygar (USAGE) on 11/12/21. A copy of the signed JD approval is included in the Jurisdictional Determination Information section. 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? ❑Yes ❑X No ❑ Unknown 5b. If yes, explain in detail according to "help file" instructions. 6. Future Project Plans 6a. Is this a phased project? ❑ Yes ❑X No 6b. If yes, explain. Page 3 of 10 PCN Form — Version 1.4 January 2009 C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): ❑ Wetlands ❑X Streams — tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. Wetland impact number Permanent (P) or Temporary T 2b. Type of impact 2c. Type of wetland 2d. Forested 2e. Type of jurisdiction Corps (404,10) or DWQ (401, other) 2f. Area of impact (acres) W1 Choose one Choose one Yes/No - W2 Choose one Choose one Yes/No W3 Choose one Choose one Yes/No W4 Choose one Choose one Yes/No W5 Choose one Choose one Yes/No W6 Choose one Choose one Yes/No 2g. Total Wetland Impacts: 2h. Comments: 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. Stream impact number Permanent (P) or Temporary (T) 3b. Type of impact 3c. Stream name 3d. Perennial (PER) or intermittent (INT)? 3e. Type of jurisdiction 3f. Average stream width (feet) 3g. Impact length (linear feet) S1 P Culvert Stream D PER Corps 7 120 S2 P Stabilization Stream D PER Corps 10 20 S3 T Construction Access Stream D PER Corps 7 36 S4 T Excavation Stream D PER Corps 7 32 S5 Choose one S6 Choose one 3h. Total stream and tributary impacts 208 3i. Comments: S2- No loss impact; rip rap will be installed at pre -construction streambed elevations S4- Area will be restored to pre-existing conditions, as indicated on Streambank Stabilization Exhibit Page 4 of 10 PCN Form — Version 1.4 January 2009 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then indivi ually list all open water impacts below. 4a. Open water impact number Permanent (P) or Temporary T 4b. Name of waterbody (if applicable) 4c. Type of impact 4d. Waterbody type 4e. Area of impact (acres) 01 Choose one Choose 02 Choose one Choose 03 Choose one Choose 04 Choose one Choose 4f. Total open water impacts 4g. Comments: 5. Pond or Lake Construction If pond or lake construction proposed, the complete the chart below. 5a. Pond ID number 5b. Proposed use or purpose of pond 5c. Wetland Impacts (acres) 5d. Stream Impacts (feet) 5e. Upland (acres) Flooded Filled Excavated Flooded Filled Excavated P1 Choose one P2 Choose one 5f. Total: 5g. Comments: 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. 6a. Project is in which protected basin? ❑ Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Randleman ❑ Other: 6b. Buffer Impact number — Permanent (P) or Temporary T 6c. Reason for impact 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact (square feet) 6g. Zone 2 impact (square feet B1 Yes/No B2 Yes/No B3 Yes/No B4 Yes/No B5 Yes/No B6 Yes/No 6h. Total Buffer Impacts: 6i. Comments: Page 5 of 10 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. Impacts associated with the proposed development were limited through site selection, design, and location/orientation of the proposed lots and access routes. Efforts of minimization were implemented during the design to preserve existing site hydrology and limit adverse effects to existing, onsite natural habitat. Retaining walls are proposed to minimize impacts, sidewalks at the crossing have been pinched in, and 2:1 slopes will be implemented to limit impacts. The applicant has demonstrated avoidance and minimization efforts by avoiding 97% of site streams and all wetlands. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Construction techniques will implement approved erosion control methods to avoid/minimize impacts to onsite/adjacent offsite receiving conveyances. Where possible, 2:1 slopes and the maximum allowable headwalls will be used to minimize crossing impacts. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? ❑ Yes ❑X No 2b. If yes, mitigation is required by (check all that apply): ❑ DWQ ❑ Corps 2c. If yes, which mitigation option will be used for this project? ❑ Mitigation bank El Payment to in -lieu fee program ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type: Choose one Type: Choose one Type: Choose one Quantity: Quantity: Quantity: 3c. Comments: 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. ❑ Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: Choose one 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non -riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: Due to limited site impacts, no mitigation is proposed. 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Page 6 of 10 PCN Form — Version 1.4 January 2009 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires ❑ Yes ❑X No buffer mitigation? 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. 6c. 6d. 6e. Zone Reason for impact Total impact Multiplier Required mitigation (square feet) (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund). 6h. Comments: Page 7 of 10 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers identified ❑ Yes ❑X No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. ❑ Yes ❑ No 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 1 g 2b. Does this project require a Stormwater Management Plan? ❑X Yes ❑ No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: Storm water on the site will be handled by facilities shown on the attached plans. The stormwater plan has not yet been submitted to Gaston County but will be designed to meet their criteria. 2e. Who will be responsible for the review of the Stormwater Management Plan? Gaston County 3. Certified Local Government Stormwater Review 3a. In which localgovernment's jurisdiction is thisproject? Gaston County ❑X Phase II ❑ NSW 3b. Which of the following locally -implemented stormwater management programs ❑ USMP apply (check all that apply): ❑ Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ❑Yes ❑X No attached? 4. DWQ Stormwater Program Review ❑Coastal counties ❑HQW 4a. Which of the following state -implemented stormwater management programs apply ❑ORW (check all that apply): ❑Session Law 2006-246 ❑Other: 4b. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑X No attached? 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ❑ Yes ❑ No 5b. Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No Page 8 of 10 PCN Form — Version 1.4 January 2009 F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1 a. Does the project involve an expenditure of public (federal/state/local) funds or the ❑ Yes 0 No use of public (federal/state) land? 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ❑Yes ❑ No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval ❑ Yes ❑ No letter.) Comments: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, []Yes 0 No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after -the -fact permit application? ❑Yes 0 No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in ❑Yes 0 No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. No additional phases proposed. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. Wastewater generated on the site will be transported to the nearest treatment facility via sewer lines. Page 9 of 10 PCN Form — Version 1.4 January 2009 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or ❑ Yes ❑X No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ❑X Yes ❑ No impacts? 5c. If yes, indicate the USFWS Field Office you have contacted. Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? A threatened and endangered species assessment was conducted in which no species were identified. Habitat may occur for the Northern long-eared bat but the project is except as described in the attached T&E report. Concurrence has been obtained from FWS. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes ❑X No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? No essential fish habitat in this region. 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation ❑ Yes ❑X No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? SHPO's website: https://nc.maps.arcgis.com/ Report from R.S. Webb & Associates 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? ❑ Yes ❑X No 8b. If yes, explain how project meets FEMA requirements: 8c. What source(s) did you use to make the floodplain determination? www.fema.gov https://gis.gastongov.com/Map/Default.aspx Am�xA Amber Lipsky 10-04-2022 Applicant/Agent's Printed Name Date Applicant/Agent's Signature (Agent's signature is valid only if an authorization letter from the applicant isprovided.) Page 10 of 10 DocuSign Envelope ID: 92025ABF-EDE4-45F4-A63C-B9A834D02F9F WEPG- - Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. Agent Authorization Letter The purpose of this form is to authorize our firm to act on your behalf in matters related to aquatic resource (i.e. stream/wetlands) identification/mapping and regulatory permitting. The undersigned, who are either registered property owners or legally authorized to conduct due diligence activities on the property as identified below, do hereby authorize associates of Leonard S. Rindner, PLLC, Wetlands and Environmental Planning Group (WEPG) to act on my behalf and take all actions necessary for the processing, issuance, and acceptance of applicable permit(s) and/or certification(s). Proj ect/Site Name: Costner School Road Property Address: Costner School Road, Bessemer City, NC 28016 Parcel Identification Number (PIN): 220086, 151795, 152089 Select one: I am other Name: Mark Henninger Company: Lennar Mailing Address: 6701 Carmel Road, Ste. 425, Charlotte, NC 28226 Telephone Number: (704)542-8300 Electronic Mail Address: mark.henninger@lennar.com —DocuSigned by: k,A4 t f &, W 9/23/2021 Property Owner / Interested Buyer* / Other" Date * The Interested Buyer/Other acknowledges that an agreement and/or formal contract to purchase and/or conduct due diligence activities exists between the current property owner and the signatory of this authorization in cases where the property is not owned by the signatory. Charlotte Office: www.wetlands-epg.com Asheville Office: 10612-D Providence Rd. 1070 Tunnel Rd., Bldg. PMB 550 Suite 10, PM 283 Charlotte, NC 28277 Asheville, NC 28805 (704)904-2277 len. rindner@wetlands-epg.com N _05 N Q 05 10 Maps/Plans (27a Bessemer City 161 G & G Taxidermy Q c C C.1 Max Baxter Roofinc �a 6 Q V Tuhcln RvE Qi c 4 a z 0 0 Q U- 13 Ln pnme� 1 flO V S costae" r0 n `°t�2 J �:N Sose 3 r BARKER'S RIDGE D n f Iona C3 m E �CBM Precision Ingles Markets Flowers � s y Parts Manufacturer Ca (Nato m arnQpye �CVS WEST GASTGNI The Family Pizzagalli Ra 15 274 Cis�eS ant ADS Q Tosaf USA 6 plZZena a Dole Fresh Vegetables N Acres: CREEKSIDE COTTAGES Prepared for: +/- 97.36 Gaston Co., NC LENNAR FIGURE 1 VICINITY MAP Drawn By: Reviewed By: 08118121 Subject toUSACE/NCDEQverification BLK ALL �. .�. FIGURE 2 PARCEL:307413 r� BBB&C ENTERPRISES LLC PO BOX 845 5 CHERRYVILLE, NC 28021 PROJECT BOUNDARY STUDY LIMITS 1 1 1 1 Parcel Information Provided by Gaston County Online GIS 2022 Acres: CREEKSIDE COTTAGES +/- 97.36 Gaston Co., NC 08118121 PARCEL MAP updated Subject to USACE/NCDEQ verification 9120122 Prepared for: LENNAR Drawn By: Reviewed By: BLK I ALL A4 •� Y I so In a ` iy,• '..'?" fit. �_�, �i�ti 731 I STUDY LIMITS 1 � y It% .• w + - 1 ` Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. len. r i nd n e r@ wet I an ds-e p g.c o m (704)904-2277 www.wetiands-epg.com 7 _ y V i z t _ �� �► LONG CREEK R •-. :;1' J` • � - • r i s� ; PROJECT BOUNDARY ; -- • •�4+� STUDY LIMITS 1 y• ' 41 IN 1 ■ 's ''�=mod► ,y � •, � _ � _- - -- 4 • = 17 ' 3 0" 1 ��►� . , n i •.. ; 4V i i1 �.t, l< Holland bieta Chi. • IK _ Y! LOCATION Lat: 35.8159 °N 1 ' Long:-80.8721 °W USGS QUAD • N HUC: 03050102 Bessemer City, NC SOUTH FORK CATAWBA 1993 Acres: CREEKSIDE COTTAGES Prepared for: 1 +/- 97.36 Gaston Co., NC LENNAR FIGURE 4 USGS MAP Drawn By: Reviewed By: OS/18/21 Subject to USACE/NCDEQ verification BLK ALL TaE° 3 !- . aN �4r+ Ta T&E T ak D R PROJECT BOUNDARY . STUDY LIMITS A d k TaE I TaB o TaB Pad, T aff c�ab2 CcB2 G&B? GaB2 i CaB 2 II .2 1 t T T `$ aB N NRCS Soil Survey Manuscript Gaston County 1989 Map Unit Symbol Map Unit Name Acres in AD Percent of AOt CeI52 Cecil sandy clay loam, 2 to 8 3.2 3.3% ■ O percent slopes, moderately eroded cis Cecil -Urban land complex, 2 to 7.3 7.5% 8 percent slopes ' CID Cecil -Urban land complex, 8 to 0.0 0.0% 15 percent slopes ChA Chewacla loam, 0 to 2 percent 12.1 12.4% slopes, frequently flooded LdB2 Lloyd sandy clay loam, 2 to 8 11.4 11.7% percent slopes, moderately eroded LdD2 Lloyd sandy clay loam, 8 to 15 32.3 33.0% percent slopes, moderately eroded TaB Tatum gravelly loam, 2 to 8 12.6 12.9% percent slopes TaD Tatum gravelly loam, 8 to 15 0.8 0$% percent slopes Talz Tatum gravelly loam, 15 to 25 17.1 17.5% percent slopes UwF Uwharrie stony loam, 25to45 0.9 0.9% percent slopes. very bouldery '� Totals for Area of Interest 97.6 100.E % G a B 2 Acres: CREEKSIDE COTTAGES Prepared for: +/- 97.36 Gaston Co., NC LENNAR FIGURE 5 SOIL SURVEY MANUSCRIPT MAP Drawn By: Reviewed By: 08118121 Subject to USACE/NCDEQ verification BLK ALL .14 T J fo m T _1 aLl Coe ? 4 ,lri ISO. 796 �b CV _7 800 802 �Q r _ PROJECT BOUNDARY - -r- STUDY LIMITS f I _ 834Aft a o 0 •� € 1 ' 4b t 8 -- + 02 Op $46 8 Ira a lb- cp I T . Ai7 - �o J-814 N No FEMA Floodplain as per ry. I Gaston County Online GIS 2021 I 4 274 Acres: CREEKSIDE COTTAGES Prepared for: +/- 97.36 Gaston Co., NC LENNAR FIGURE 6 FLOODPLAIN MAP Drawn By: Reviewed By: OS/18/21 Subject to USACE/NCDEQ verification BLK ALL INTERMITTENT STREAM B50' UNDISTURBED STREAM INTERMITTENT STREAM 20'"Cl" BUFFER UNDISTURBED WETLAND IMPERVIOUS AREA = 17.93 AC IMPERVIOUS % = 18.40 % PROPOSED CONNECTION TO EXISTING STREET FLOODPLAIN W/OUT FLOOD STUDY (LIMITS OF CHEWACLA LOAM SOILS) 20' GREENWAY EASEMENT (DEDICATED TO THE CITY) PROPERTY LINE _ -60 � `em �Ll "Cl" BUFFER _ PROP.- ��� _ CONNECTION TO = ----'-- STREAM 50'BUFFER _ - _ -c1d EXISTING STREET _ ----� o 6„SS T _ J a� o f \PROPERTY LINE ----- -, 77- _ STREAM IMPACT'D' _ _ _ _ _ _ _ f _ _ b _-- - - _ 120LF(866SF) w -� -- --� -J `n DISTURBANCE DUE _lo - -� --- o TO CULVERT Ao------------_ w f % o - - PROP. HEADWALLPROP. RAP _ o IP APRONRFOR 48" RCP 111 48"RCP @0.96%mow STREAM IMPACT'D' > EX. STREAM TOP ,aoa° ,o° ,o ��-aZa� N 8os ti: ao2 e� a-- 20 LF (213 SF) DISTURBANCE z OF BANK - - _ �� oo DUE TO RIP AP `� PROP. HEADWALL _ 2 _ -!` v�81� e cn U \ PN OP'D — _ 0 �� 8pg ` � cp -_ w Z G�� 06 PROP. 20' - Q9 O 814 \�. ��P�°NPN _-',a_z6 ` -�_- GREENWAY- Q H �s 1�P\N�� \ 1 - _ �� - - _ �' - _ EASEMENT _ U) \ `\ STREAM 50' BUFFER _ - - - - - N _ BOO - ~ Q O PROP. STREET'B' PROP. TEMPORARY __ {" -� __ -� -CENTERLINE CONSTRUCTION ACCESS AREA - - - - _ - _ _ - _ 830 9g�-u_J ULu (TEMP. IMPACT=720 SF, 36.5LF _ -0 'W Q _ - -_- - R/W RIP RAP WILL BE BURIED AT N w < o PRE -CONSTRUCTION STREAMBED GRADE. W W Q U DIVERSION CHANNEL WILL BE UTILIZED w U) Z FOR TEMPORARY CONSTRUCTION ACCESS. U m J PROP. PERMANENT STREAM IMPACTS: PERENNIAL STREAM 'D' (CULVERT)= 120 LF = 866 SF PERENNIAL STREAM 'D' (RIP RAP)= 20 LF = 213 SF bb TOTAL STREAM IMPACT = 140 LF = 1079 SF —— G= -— 8� LEGEND. u) o N p = N lb p � \ — — STREAM LINE o D in aJ)` U — --_��ti ----- --- STREAM T.O.B. 825 NOTE: CULVERT WILL BE BURIED AT 12" BELOW PRE -CONSTRUCTION STREAMBED GRADE. 820 z� am ego 820 1 PROP. PIPE CENTERLINE 815 815 14 z>l GRADE AT b Lo N 810 810 W J Q U U) o 805 805 U Z H Z D Ln w o z PROP. 800 HEADWALL 800 (7 Q 0 L_uj U Q 0 0 w U Q 0 Lu EX. GRADE AT PIPE CENTERLINE PROP. HEADWALL FILL PIPE TO EX. GRADE BEYOND 795 4711, 795 N W Q W U) z Q UmW � 790 111 LF 48" RCP @ p gso�o 790 Lu w z z Y 0 lll�Q z Z o " ° Q u= o M I NV. IN: 795.00 I NV. OUT: 793.94 0 U 0+00 1+00 2+00 2+25 Q a Q < 0 m, — o U Z n tlm n N N IT-- IT-- O O (3) (3) 00 b 00 00 00 00 00 00 O Lo + N o L N W J Q H W Q Z U co 0 0 \ Q W Z W XU LU U z o o a rn O rn U O z cn o a r + � 0 0 o N U 0 QLu z v a �Z U O <w HQ 0 ui d U 0 L 0o 0-0 LU U w W Q N W U) z Q UmW � Lo O Lo O Lo O Lo O Lo N N O O d') d') 00 o0 00 00 00 00 00 ti f` ti z Y 0 Q Z N 0 N = N NOTE: CULVERT WILL BE BURIED AT z � 0 o Q 12" BELOW PRE -CONSTRUCTION o 0 STREAMBED GRADE.o J 6 — ` Ln a Q o n a U Q U) y \ _INTERMITTENT STREAM _ _ _'_ /r' _ 6"SS 50' STREAM --BUFFER --- ---_ -__- z� PROPOSEDCONNECTIONTO $s — - EXISTING SANITARY SEWER b EX. SSMH- 0 /: �/ I \ o I I oe N P STREAM IMPACT'D' \ / @ ` J / w 32 LF DISTURBANCE �, ��O,Q \\ j i U \ \ \ \ •804 �\pl 8 \ � \\ x0� / / I I �/ � z �, `� 1 % W U SEE STREAM / it I I �� z STABILIZATION EXHIBIT//// Not PROPOSED ��/ / �/\\\ / \\ H U) \� `\ STREAM CROSSING �/ I f ` \ �� +�` ✓� ,% Q \ �\ \ \ \ \ \ PROPOSED \ \ \I in\ \ \ 'SANITARY SEWER PROPOSED 30' SANITARY >s8 �� \ �`;� 'SEWER EASEMENT o �, ��\\; ��, ��, �� �� uJ U w 8 8�2 8�0 808 `\\ \\ �� ��� ,� Q � � �PROPOSED 20' \ GREENWAY EASEMENT. \ \ \ \ \\\ \ •M \\ \ \ \� �\\Pcc`�NPtJ°�R `�`� w W Q U \ 824 \ \ \ \ \ \ `� r �� �`15P\r\�E� ��\� w U) Z Q wj N wcq Wv cp PROP. TEMPORARY STREAM IMPACTS: \J PERENNIAL STREAM'D' DUE TO PIPE CROSSING = 32 LF LEGEND: STREAM LINE \ pp -------- STREAM T.O.B. \ oa`Z p0 N � N O o = N U) O Ln W Q O O �2 (DU Dina co 810 810 =� am !•� ? 805 805 0 Lo 0 Lo ji N 800 Q 800 J C o U Z 795 795 > z O N U wz VO w 790 790 Q o 0� w U� N uJ U w 0 � 785 785 w Lu W z U UmW w 1+00 780 0+00 2+00 2+50 780 z z H:1 Y C) "=50' ll�Q Z N 0 N z V.1 "=5' 0 U)%O ^ � < W 0= o o �6 2 ( — �o �U o Ln a Q n a Q co SSMH-001 STA: 1 +86.73 RIM: 801.61 INV. IN: 793.89 (SSMH-002) INV. OUT: 785.33 (EX. SSMH-000) EX. SSMH-000 STA: 0+00.00 RIM: 792.50 INV. IN: 782.94 (SSMH-001) INV. OUT: 782.72 Q GRADE AT EX. PIPE CENTERLINE JG ,Q Q$ �O h� R �o. 8.17' OU SIDE DROP H 3. 0' @ 186.73 LF OF S" PVC SURFACE ELEVATION: 788.01 STATION: 1 +09 INVERT: 784.34 I UPON COMPLEF10N OF STREAM CROSSING WOW, CONTTRACTOR SHALL BACKFkl. AND WCIIANICALLY TAMP (NO SPECIFIC DENSITY) SMIS INTO PLACE AND DRESS DISTURIKI) SURFACES 7- REGMINC AT A POINT Z' ABOVE WATER SLOWAQ� FI.EVAroft GRASS &STUBBED AREAS (SEED. FERTIUZER & STRAW MULCH) STREAM HANK, TW OF BANK AND CIMRem AREAS UPLAND CF STREAM & INSTALL CM FSM INETAAT STARTNC HANNMINA W BELOW WA7rR 9.041FACE UEVAIION AND EXXNMG A MIMUW S BEYOND TOP OF SAM . MINIMM SPEOnCAMNS FOR COLT FRU NET/UAT AS E0LLOF16' RAIN T141CWM 5 OF QJO IP404E5 1002 COC13NUT FIBER AND %OVEN LNTO THANE AVG MEIWT OF 2O 0UW_ES/SQ, VD. i, COIN FIBER NET/MAT SIHALL BE suuRELY iiEw IN PLACE um tVg Or YIo00EM STA M AND WINE STAPLES (AS WMED) 5. INSTALL LrA Si"CS BEGNNNINC AT WATER SURFACE ELNEVAnON Am EXTENOHG 2 VFRTI':AL FTFT UP rmf STRFAM BANK. SEE LJVF STAKE DETAIL FfIR ADDITIONAL REGUIRENA£NTS- 6. INSTALL SL-T FrNC£ TH/WRE ROWORGEMENT ALONG 70P OF DAAIFH (ADJACENT TO END OF OpR FIRER NFT/MAT) F04 TAT)TH TW MTIJRBE.) SOBS WATER NURFACE ELEVAUM CDR HIlR NET/MAT GRA55 (Sul. MULL m a FFi arze) REMAINING CtSTURINFD SINEAM BANK AREA5 INCLUONG TOPS CIF HARK (U1111" C*R I4110AT) ow STARE (MLLOM OR - SKCICS APPROVEn BY 0041I/bWC) FOR FIRST 24* ABOVE M WATER 5LWACI_ ElEVAlICN R''S 12-.* -1. IIJl1� I. NNE STARES SHALL. K APPROXIMATELY' 24' IN LENCII, 2. U%C STASES 51441, BE O.'� -i�� N DIAME?M AT THE %K OF PLANTING A UVE STAKCS SHALL BE BLACK WALLOW OR WECE5 SPECIFIED BY COE/DKEC CA C01119ATANT N * C mOM SHALL Et OORMAAi AT 11S[ TIME T1F ACOilI9710N ^ AND "TIINQ AMI LOCALLY SAOTNAARVE 5, LAVE STAKES WtMLL WE SPA= S O.C. a RIVE STAKES SHALL BE PLMTEO A MINWJY OF IS* IN OEPTN um NO YOGI THAN a'-G, OF STAKE foTSEo LIVE DETAIL EXTEND CpR rVIR MAT EXTEND COST FIN34 NET/MAT -- - - Tr BELOW wAILR SIJIFACL ELEVATION Yi,5TAt1. Sit T FENCE REINFORCED NTH Nob HIRE AT TV OF 0AIK "a Or WR FIBER NFTdWAT) . 'AM ROUT k"T OR CW PVR T ) ►Y BE U5EA TO REFORM ;REAM SAW (STA09M), la' OF W SHALL COVER aIRFAM DE FAA OF Rm STACNC 13E OF ROM TO ANOIGR BANK *"KNAL) 5 p 2.5 5 1 o 29 O 10 20 SCALE VERTICAL GRAPHIC SCALE HORIZONTAL GRAPHIC CREEKSIDE COTTAGES Gaston Co., NC STREAM BANK STABILIZATION DETAIL TYPICAL DETAIL - N.T.S. Drawn By: Reviewed By: DICK LSR DATE: 10/01/22 / O .4-j co .E w jurisdictional Determination Information N USACE " o- UPLAND DP 1 INTERMITTENT STREAM A \ ~ -325 LF WETLAND B� PERENNIAL STREAM D USACE -3,552 LF 0.160 AC WET - A� - 3 DATA o- WETLAND E r FORM B� -0.0009 AC NCDEQ / STREAM FORM D ro INTERMITTENT ��e�; 2 s` STREAM C a 59 LF " e �� \ INTERMITTENT STREAM G -121 LF a � �\1 ` WETLAND H b -0.013 AC 91 R. r% PROJECT BOUNDARY STUDY LIMITS PERENNIAL STREAM -387 AC PERENNIAL STREAM N o 462 LF WETLAND J -0.046 AC r \ PERENNIAL STREAM M - - 4 0 a 990 LF 1 000 4 -v I p ® NCDEQ WETLAND K ,ems STREAM o LEGEND -0.015 AC FORM L o LL Project boundary study limits o {11 Stream o © Wetland a o go INTERMITTENT STREAM L N Landscapepmotoldirection a -448 LF 0 Acres: COSTNER SCHOOL ROAD Prepared for: +/- 97.36 Gaston Co., NC LENNAR FIGURE 7 DELINEATION MAP Drawn By: Reviewed By: 8130121 Subject to USACE/NCDEQ verification NRN ALL U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2021-02109County: GastonU.S.G.S. Quad: NC -Bessemer City NOTIFICATION OF JURISDICTIONAL DETERMINATION Requestor: Lennar Carolinas Mark Henninger Address: 6701 Carmel Road, Suite 425 Charlotte, NC 28226 Telephone Number: (704)542-8300 E-mail: mark henningerklennar.com Size (acres) 97.36 Nearest Town Bessemer Citv Nearest Waterway Long Creek River Basin Santee USGS HUC 03050102 Coordinates Latitude:35.3001 Longitude:-81.2601 Location description: Project is located east of Costner School Road near the intersection with Todd Drive, in Bessemer City, Gaston County,North Carolina. PIN(s): 220086,151795,152089 Indicate Which of the Following Apply: A. Preliminary Determination ® There appear to be waters on the above described project area/property, thatmay be subjectto Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 ofthe Rivers and Harbors Act (RHA) (33 USC § 403). The waters have been delineated, and the delineation has beenverifiedby the Corps to be sufficiently accurate and reliable. The approximate boundaries of these waters are shown on the enclosed delineation mapdated 8/30/2021. Therefore this preliminary jurisdiction determination maybe used in the permit evaluation process, including determining compensatory mitigation. For purposes of computationof impacts, compensatory mitigationrequirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat allwaters and wetlands thatwould be affected in anyway by the permitted activity on the site as if they are jurisdictionalwaters 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, youmayrequestanapproved JD, which is an appealable action, by contactingthe Corps district for further instruction. ❑ There appear to be waters on the above described project area/property, thatmay be subjectto Section 404 ofthe Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 ofthe Rivers and Harbors Act (RHA) (33 USC § 403). However, since the waters have not been properly delineated, this preliminary jurisdictiondetermination may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an effective presumption of C WA/RHA jurisdiction over allof the waters at the project area, which is not sufficiently accurate andreliable to support anenforceable permit decision. We recommend that you have the waters 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 consultantto conduct a delineation that can be verified by the Corps. B. Approved Determination ❑ There are Navigable Waters ofthe United States within the above described project area/property subjectto the permit requirements of Section 10 of the Rivers andHarbors Act (RHA) (33 USC § 403) and Section 404 ofthe Clean WaterAct (CWA)(33USC§ 1344). Unless there is a change in law or our published regulations, this determination maybe relied upon for a period not to exceedfive years from the date of this notification. ❑ There are waterson the above described project area/property subjectto thepermit requirements of Section 404 ofthe Clean WaterAct(CWA)(33USC§ 1344). Unless there is a change in the law or our published regulations, this determination maybe relied upon fora periodnotto exceedfiveyears from the date ofthis notification. ❑ We recommend you have the waters on your project area/property delineated. As the Corps may notbe able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. ❑ The waters on y our project area/property have been delineated and the delineation has been verified by the Corps. The approximate boundaries of these waters are shown onthe enclosed delineationmapdatedDATE. We strongly suggest youhave this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey SAW-2021-02109 will provide an accurate depiction of all areas subject to CWAjurisdiction on your property which, provided there is no change in the law or our published regulations, maybe relied upon for a periodnotto exceed five years. ❑ The waters 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 maybe 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 subj ectto the permit requirements of Section404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination maybe relied upon for a period notto exceed five years from the date of this notification. ❑ The property is located in one ofthe 20Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of CoastalMa nagement in Morehead City, NC, at (252) 808-2808 to determine their requirements. Placement of dredged or fill materialwithin waters of the US, in cludin g wetlands, without a Department ofthe Army permit may constitute a violation of Section301 of the Clean WaterAct (33 USC § 1311). Placement of dredged or fill material, construction or placement of structures, or work within navigable waters ofthe 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 rega rdin g this determination and/or the Corps regulatory program, please contact Krystynka B Stygar at 252-545-0507 or krystynka.b.stygar&msace.army.mil. C. Basis For Determination: Based on information submitted by the applicant and available to the U.S. Army Corps of Engineers, the project area exhibits criteria for waters of the U.S. as defined in 33 CFR 328, Regulatory Guidance Letter 05-05, and 1987 Wetland Delineation Manual, and/or the Regional Supplement to the 1987 Manual: Eastern Piedmont and Mountains v2.0. See the preliminary jurisdictional determination form dated 11/12/2021. D. Remarks: See approximate limits ofjurisdiction on enclosed map entitled, "Costner School Road- 08/30/2021 " E. Attention USDA Program Participants This delineation/determinationhas been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may notbe 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 appealunder Corps regulations at 33 CFR Part 33 1. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and Request for Appeal (RFA) form. Ifyourequest to appealthis 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 StreetSW,FloorM9 Atlanta, Georgia 3 0303-8803 AND PH I L I P.A. SHANNIN&USACE.ARMY.MIL In order for an RFAto be accepted by the Corps, the Corps must determine that it is complete, thatit meets the criteria for appeal under 33 CFR part 331.5, andthat it has been received by the Division Office within 60 days ofthe date ofthe 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 anRFAform tot e Division Office if you do not object to the determination in this correspondence.** Corps Regulatory Official: Date of JD: 11/12/2021 Expiration Date of JD: Not applicable SAW-2021-02109 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.anny.mil/customer-service-survey/. Copy Furnished: SAW-2021-02109 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0 Copy furnished: Agent: Wetlands and Environmental Planning Group Heath Caldwell Address: 10612-D Providence Road Charlotte, NC 28226 Telephone Number: (704) 999-5279 E-mail: heath.caldwell(a�wetlands-epg.com Property Owner: BBB & C Enterprises LLC Bobby & Cathy Conner Address: PO Box 845 Cherrvvillc. NC 28021 Telephone Number: (704) 860-0334 a-J L O Q oC r. Threatened & Endangered Species Report Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. Threatened / Endangered / Protected Species Evaluation For: Costner School Road Gaston County, North Carolina By: Lisa R. Gaffney Biologist Field investigation conducted during the week of September 27, 2021, and March 18, 2022 Charlotte Office: 10612-D Providence Rd. PMB 550 Charlotte, NC 28277 (704) 904-2277 I en. ri nd ner@wet Ian ds -epg. co m www.wetlands-epg.cor, i Ashesrile Office: 1070 Tunnel Rd., Bldg. I Suite 10, PMB 283 Asheville, NC 28805 Costner School Road - Threatened / Endangered / Protected Species Evaluation GENERAL LANDSCAPE DESCRIPTION: The Costner School Road site (+/-97.36 acres) is located just east of Costner School Road, and just north of Hwy 274 in Bessemer City, Gaston County, North Carolina. The site can be found on the Bessemer City, NC USGS Topographic Quadrangle Map; latitude is 35.8159 N, longitude is-80.721 W. The topography consists of upland flats grading into drainages and unnamed tributaries to Long Creek, with the elevation ranging from 790 to 830 ft. (Figures 1-4). The entire site is old farmland in various stages of succession; there is disturbed pine dominated cover on the upland slopes, and the lower slopes and stream corridors are dominated by a disturbed mixed hardwood forest. Figure 1: �! W � / -`�J( LONG{REEK '• _ �� ' �-• - T Leo.• .rl _ '452 �� • � �� l �r r PROJE iT 6Q IIN NARY • •Y' - .s� `�, _ _ _. . S LIMITS rfj • ry � S! r -697 . 1 - "'- _ � '4 •fr F_ i Txaile't' ti` yfv r 52 4h" T. .ii r - - IAA• LOCATI ON Lat: 35.8159 ° N 1 : 4 Long: -80.8721°W USGS QUAD HH FORK 50102 Besse 1993 y, NC •il � � - �! `rl 1: 24,000 5011TH FORK CATAINBA 1993 A;.: COSTN ER SCHOOL R43AD Pre pared for:WEPG j-7.36 Gastun Cu., NC LENNAR FIGURE 1 USGS MAP Drawn By: Renewed By: 18 1 5vb)— 0 U-"CfMCDE4 ,NnJ Wn &LIC Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. Costner School Road - Threatened / Endangered / Protected Species Evaluation METHODOLOGY: The US Fish and Wildlife Service website https:Hecos.fws.gov/ipac/location/YJWRGEDX5FEARE7QXNYHDZYFKQ/resour ces was referenced to determine the occurrence of Threatened, Endangered and Protected species for Gaston County North Carolina, the results of which are listed below (Table 1). Maps and aerial photographs were assembled, and the site was investigated during the week of September 27, 2021. Table 1: Threatened Z Endangered Z Protected Species listed for Gaston County *Source: US Fish & Wildlife Service - IPaC **Data search on September 27, 2021 Group Name Status Flowering Plants Dwarf -flowered heartleaf Threatened (Hexastylis naniflora) Flowering Plants Schweinitz's sunflower Endangered (Helianthus schweinitzii) Reptiles Bog turtle (Glyptemys Similarity of muhlenbergii) Appearance (Threatened) Mammals Northern Long- Eared Bat Threatened (Myotis septentrionalis) Birds Bald Eagle (Haliaeetus Protected under the leucocephalus) Bald and Golden Eagle Protection Act Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. Costner School Road - Threatened / Endangered / Protected Species Evaluation SPECIES DESCRIPTIONS: Two plant species with federal protection are listed as potentially occurring in Gaston County: • Schweinitz's Sunflower (Helianthus schweinitzii), listed as Federally Endangered, is typically found in open habitats which historically have been maintained by wildfires and grazing bison and elk herds. Now most occurrences are limited to roadsides, woodland and field edges, and utility rights -of -way (ROW). • Dwarf -flowered Heartleaf (Hexastylis nanif/ora), listed as Federally Threatened, is only found in the upper Piedmont of North and South Carolina. It grows in acidic soils along bluffs and adjacent slopes, often in association with mountain laurel. Three animal species with federal protection are listed as potentially occurring in Gaston County: • Bald Eagle (Haliaeetus leucocephalus), protected by the Bald and Golden Eagle Protection Act, typically inhabits forested areas near large bodies of open water such as lakes, marshes, seacoasts and rivers, where there are suitable fish populations and tall trees for nesting and roosting. • Bog Turtle (Glyptemys muhlenburgii), Bog turtles live in the mud, grass and sphagnum moss of bogs, swamps, and marshy meadows. These wetlands are usually fed by cool springs flowing slowly over the land, creating the wet, muddy soil needed by the turtles. • Northern Long-eared Bat (Myotis septentrionalis), listed as Federally Threatened. During summer, northern long-eared bats roost singly or in colonies underneath bark, in cavities, or in crevices of both live and dead trees. Males and non -reproductive females may also roost in cooler places, like caves and mines. It has also been found, rarely, roosting in structures like barns and sheds. Northern long-eared bats spend winter hibernating in caves and mines, called hibernacula. WEPG#00972 4 Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. Costner School Road - Threatened / Endangered / Protected Species Evaluation RESULTS: The entire site is old farmland in various stages of succession; there is disturbed pine dominated cover on the upland slopes, and the lower slopes and stream corridors are dominated by a disturbed mixed hardwood forest. There are small trails and dirt roads throughout the site. Some areas are invaded by Kudzu (Pueraria lobata). The disturbed pine dominated old fields on the uplands include Loblolly Pine (Pinus taeda), Virginia Pine (P. virginiana), and Shortleaf Pine (P. echinata). Lower slopes, drainages and stream corridors are dominated by disturbed hardwoods including, Sweetgum (Liquidambar styraciflua), Tulip Poplar (Liriodendron tulipifera), White Oak (Quercus alba), Red Oak (Q. rubra), Mockernut Hickory (Carya tomentosa), Pignut Hickory (C. glabra), Hackberry (Celtis laevigata), American Elm (Ulmus americana), and White Ash (Fraxinus americans). Subcanopy species include Red Maple (Acerrubrum), Sourwood (Oxydendrum arboreum), Black Gum (Nyssa sylvatica), Flowering Dogwood (Corpus f/orida), American Holly (Ilex opaca), Mulberry (Morus rubra), Winged Elm (Ulmus alata), Black Cherry (Prunus serotina), and Eastern Red Cedar (Juniperus virginiana). Shrubs include Black Haw (Viburnum prunifolium), Multiflora Rose (Rosa multif/ora), Strawberry Bush (Euonymus americanus), Chinese Privet (Ligustrum sinense), and Russian Olive (Elaeagnus angustifolia). Vines present are Japanese Honeysuckle (Lonicera japonica), Virginia Creeper (Parthenocissus quinquefolia), Muscadine (Vitis rotundifolia), Catbrier (Smilax sp.), Poison Ivy (Toxicodendron radicans), and Kudzu (Pueraria lobata). Herbs include Bracken Fern (Pteridium aquilinum), Christmas Fern (Polystichum acrostichoides), Running Pine (Lycopodium f/abelliforme), Downy Rattlesnake Plantain (Goodyera pubescens), Hawkweed (Hieracium venosum), Ebony Spleenwort (Asplenium platyneuron), Virginia Chain -fern (Woodwardia virginica), False Nettle (Boehmeria cylindrica), River Cane, (Arundinaria gigantea), and Japanese Stilt Grass (Microstegium vimineum). Individuals of the genus Hexastylis were observed along the southeast flowing tributary and on March 18, 2022 the Dlants were identified as Hexastvlis minor. The old field edges and semi -open areas on site are covered with successional scrub/shrub community dominated by Winged Elm, (Ulmus alata), Red Cedar (Juniperus virginiana), Black Cherry (Prunus serotina), Smooth Sumac (Rhus glabra), Groundsel (Baccharis halimifolia), Japanese Honeysuckle, Catbrier, and Poison Ivy. WEPG#00972 Wetlands and Environmental Planning Group Costner School Road - Threatened / Endangered / Protected Species Evaluation Threatened / Endangered / Protected Species Results Individuals of the genus Hexastylis were observed on slopes adjacent to a southeast flowing tributary and on March 18, 2022 the plants were identified as Hexastylis minor. Calyx tube openings and lobe lengths of the flowers significantly exceeded the maximum sizes for Hexastylis nanif/ora. WEPG concludes Dwarf -flowered Heartleaf (Hexastylis nanif/ora) does not occur on the site. Although Schweinitz's Sunflower is listed as occurring in Gaston County, it is limited to eastern portions of the county, and the USFWS IPaC map indicates the Costner School Road site is outside of the species distribution range. Nevertheless, this species was included in the survey efforts and all potential habitats for Schweinitz's Sunflower along the roadsides and transitional edges were examined, and the species was not observed. WEPG concludes Schweinitz's Sunflower (Helianthus schweinitzii) does not occur on the site. • The site has no suitable habitat for Bog Turtles. WEPG concludes Bog Turtle (C/emmys muh/enbergii) does not occur on the site. No habitat exists on the site for Bald Eagles, and there were no sightings nor were any nesting sites observed. WEPG concludes Bald Eagle (Haliaeetus /eucocepha/us) does not occur on the site. • Comparing this site location to the USFWS Asheville office's website (http-//www.fws.gov/asheville/htmis/project_review/NLEB_in_WNC. htm I) WEPG concludes the site meets the "exempt" criteria which requires no further action under section 7 of the Endangered Species Act for the Northern Lona-eared Bat. RECOMMENDATIONS: Based on the site investigation and the review of available data, WEPG did not identify any protected species occurring on the subject property. No further investigation of the presence of protected species on this site is recommended at this time. Respectfully submitted, Lisa R. Gaffney Biologist September 24, 2021 31 Wetlands and Environmental Planning Group Costner School Road - Threatened / Endangered / Protected Species Evaluation Curriculum Vitae for: Lisa R. Gaffney Biologist/ Botanist B.S. Biology, University of North Carolina at Charlotte Ms. Gaffney is a classically trained botanist and natural resource biologist and has conducted field work and investigative studies covering thousands of cumulative acres in both North and South Carolina since 1996, including: • Discovered Schweinitz's Sunflower at Redlair Farm in Gaston County, NC. which led to the purchase of the site by the State of North Carolina Plant Conservation Program, now called Redlair Preserve. This population has become a Recovery Site for the species. • Located and identified numerous previously unreported populations of Federally Endangered Schweinitz's Sunflower (Helianthus schweinitzii). • Located and identified numerous previously unreported populations of Threatened Dwarf Heartleaf (Hexastylis nanif/ora). • Cabarrus County NC Natural Heritage Inventory. Organized, directed, and conducted field survey of natural areas in Cabarrus County for the North Carolina Natural Heritage Program. • Lincoln County NC Natural Heritage Inventory. Organized, directed, and conducted field survey of natural areas in Lincoln County for the North Carolina Natural Heritage Program. • Threatened and Endangered Species Surveys and Natural Communities Evaluation for over 55,000 acres in North and South Carolina, 1996 - present. • Participated in numerous Piedmont Prairie restoration projects in both North and South Carolina. WEPG#00972 7 Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. Costner School Road - Threatened /Endangered /Protected Species Evaluation Figure 2: VICINITY MAP z71, Bessemer City G & G Taxidermy 19 3 ra 9 a` C7 Annlas C' 0° Costne<`� G Max Baxter Roofing B a' PRO]ECT BOUNDARY STUDY LIMITS u Sose �4yq �6 a 3 � f o c BARKER'S RIDGE Ingles Markefs� QCBM Precision �� Flowers �Co 7 Parts Manufacturer (Natu 'Ms+r+e.gye Q CVS R WEST GASTONI T The Family Pizzagalli R� Id's 2�a 9 cpje` ant 3 ADS Tosaf USA r1;3 n Dole Fresh Vegetables N acrrs� COSTNER SCHOOL ROAR Prepared forWFPG Gaston Co., NC LENNAR FIGURE 2 VICINffY MAP Drawn By Reviewed By! OSIIB121 Subject to USACEIIVCDE4 verification BLK Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. Costner School Road - Threatened / Endangered / Protected Species Evaluation Figure 3: AERIAL MAP Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. Costner School Road - Threatened / Endangered / Protected Species Evaluation Figure 4: NRCS PUBLISHED SOIL MAP ` TaE 1 . A T- s r ► t) R h `►n PROJECT BOUNDARY �", J STUDY LIMITS T Jhg TaB P�� Cc97 I ad G02 Gab? � _ Ga62 ! 2 Cos x G a Ta ` `♦ NRCS Sail Survey Manuscript 7 aR ti Gaston County 1989 Map Unit Symbol Map Unit Nana Acres In A01 PerCMI! nrA01 :c132 Coal sandy day $p . 2 to 6 3.2 j pmcmt stapes, moderately arndmd C f a Cowl-U than land mmplex, 2 to 7.3 7 e percent slopes r:rG Caul -Urban land c plex. 8 tp 0.0 1fi Percent slopes Cr A 6a la loam. 0 to 2 pemarit 12.1 12.d% slopem. lrequenity flooded t '!h. ' Lloyd sandy Gay barn. 2 10 8 1 i.� 111% Percent slopes, moderately eroded I. .:i is Lloyd sandy day lwm. 6 to 15 32.3 33.0% pelCanl elopes, mudmataty eroded I.r F Tatum OrPreey low. 2 10 61216 12.776 PMamt sl6Pea T,r) Tawm gravely bam, 8 to 15 0.0 G.8% percent slopes T.1E. Taaan gravemy loam, 15 to 25 17 1 17.5% percent slopes IJnF tlwharrle stony loam, 25 to 45 oil0.9% percent slopes, very Gotadery Totalsforwrea lffbeff l 97.6j 100.0% GaBL Acres! COSTNER SCHOOL ROAD Prepared far +/- 97.35 Gaston Co., NC LE NNAR FIGURE 4 SOIL SURVEY MANUSCRIPT NEAP Drawn By: Reviewed By: 081I8127 Subject to USACEJNCDEq veriflcotion BILK TA aQ 3 L 1 cee 2I Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. ua FTM SE� .Fe United States Department of the Interior FISH AND WILDLIFE SERVICE Asheville Field Office 160 Zillicoa Street Asheville, North Carolina 28801 May 19, 2022 Lisa Gaffney WEPG 10612-D Providence Road PMB 550 Charlotte, North Carolina 28277 lisa.gaffney@wetlands-epg.com Subject: Costner School Road Residential Development; Gaston County, North Carolina Dear Lisa Gaffney: The U.S. Fish and Wildlife Service (Service) has reviewed the information provided in your correspondence dated April 19, 2022, wherein you solicit our comments regarding project - mediated impacts to federally protected species. We submit the following comments in accordance with the provisions of the Fish and Wildlife Coordination Act, as amended (16 U.S.C. 661-667e); the National Environmental Policy Act (42 U.S.C. §4321 et seq.); and section 7 of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531-1543) (Act). Project Description According to the information provided, the Applicant proposes to construct a residential development and appurtenances on approximately 97 forested acres in Bessemer City, North Carolina. The information provided suggests that the proposed project will require authorization from the U.S. Army Corps of Engineers for unavoidable impacts to Waters of the United States. No project design plans or a description of impacts to onsite habitats have been prepared or provided at this time. Federally Listed Endangered and Threatened Species According to Service records, suitable summer roosting habitat may be present in the action area (50CFR 402.02) for the federally threatened northern long-eared bat (Myotis septentrionalis). However, the final 4(d) rule, (effective as of February 16, 2016) exempts incidental take of northern long-eared bat associated with activities that occur greater than 0.25 miles from a known hibernation site, and greater than 150 feet from a known, occupied maternity roost during the pup season (June 1 — July 31). Based on the information provided, the project would occur at a location where any incidental take that may result from associated activities is exempt under the 4(d) rule for this species. Although not required, we encourage the Applicant to avoid any associated tree clearing activities during this animal's pup season, maternity roosting season (May 15 — August 15) and/or active season (April 1 — October 15). If adhered to, a tree clearing moratorium would also support our concurrence with a "may affect, not likely to adversely affect" determination from the action agency for this animal. Please note that on March 23, 2022, the Service published a proposal to reclassify the northern long-eared bat (NLEB) as endangered under the Act. The U.S. District Court for the District of Columbia has ordered the Service to complete a new final listing determination for the NLEB by November 2022 (Case 1:15-cv-00477, March 1, 2021). The bat, currently listed as threatened, faces extinction due to the range -wide impacts of white -nose syndrome (WNS), a deadly fungal disease affecting cave -dwelling bats across the continent. The proposed reclassification, if finalized, would remove the current 4(d) rule for the NLEB, as these rules may be applied only to threatened species. Depending on the type of effects a project has on NLEB, the change in the species' status may trigger the need to re -initiate consultation for any actions that are not completed and for which the Federal action agency retains discretion once the new listing determination becomes effective (anticipated to occur by December 30, 2022). If your project may result in incidental take of NLEB after the new listing goes into effect this will need to be addressed in an updated consultation that includes an Incidental Take Statement. If your project may require re -initiation of consultation, please contact our office for additional guidance. Additional information about this animal including its proposed reclassification can be found here: https://www.fws.gov/species/northern-long-eared-bat-m. ot�ptentfionalis Your correspondence indicates that suitable habitat is present onsite for the federally endangered Schweinitz's sunflower (Helianthus schweinitzii) and the federally threatened dwarf-flwoered heartleaf (Hexastylis naniflora). However, targeted botanical surveys conducted during the appropriate timeframes (September 27, 2021 and March 18, 2022) did not detect evidence for these species at that time. We acknowledge that targeted botanical surveys detected a population of Hexastylis minor onsite which is not federally protected at this time. The presence of H. minor was diagnosed using floristic characters. Based on the information provided, we believe that the probability for inadvertent loss of these plant species is insignificant and discountable and we would concur with "may affect, not likely to adversely affect" determinations from the action agency for these species. Botanical survey results are valid for two years for the purposes of consultation under the Act: https://www.fws. gov/asheville/pdfs/Optimal%20Survey%20Windows%20for%20listed%20plant s%202020.pdf Based on the information provided, we believe that suitable habitats do not occur onsite for any other federally protected species, and we require no further information at this time. Please be aware that obligations under section 7 of the Endangered Species Act must be reconsidered if: (1) new information reveals impacts of this identified action that may affect listed species or critical habitat in a manner not previously considered, (2) this action is subsequently modified in a manner that was not considered in this review, or (3) a new species is listed or critical habitat is determined that may be affected by the identified action. Erosion and Sediment Control Measures to control sediment and erosion should be installed before any ground -disturbing activities occur. Grading and backfilling should be minimized, and existing native vegetation should be retained (if possible) to maintain riparian cover for fish and wildlife. Disturbed areas should be revegetated with native vegetation as soon as the project is completed. Ground disturbance should be limited to what will be stabilized quickly, preferably by the end of the workday. Natural fiber matting (coir) should be used for erosion control as synthetic netting can trap animals and persist in the environment beyond its intended purpose. Impervious Surfaces and Low -Impact Development Increased storm -water runoff also degrades aquatic and riparian habitat, causing stream -bank and stream -channel scouring. Impervious surfaces reduce groundwater recharge, resulting in even lower than expected stream flows during drought periods, which can induce potentially catastrophic effects for fish, mussels, and other aquatic life. Accordingly, we recommend that all new development, regardless of the percentage of impervious surface area they will create, implement storm -water -retention and -treatment measures designed to replicate and maintain the hydrograph at the preconstruction condition to avoid any additional impacts to habitat quality within the watershed. We recommend the use of low -impact -development techniques, such as reduced road widths, grassed swales in place of curb and gutter, rain gardens, and wetland retention areas, for retaining and treating storm -water runoff rather than the more traditional measures, such as large retention ponds, etc. These designs often cost less to install and significantly reduce environmental impacts from residential development. Where detention ponds are used, storm -water outlets should drain through a vegetated area prior to reaching any natural stream or wetland area. Detention structures should be designed to allow for the slow discharge of storm water, attenuating the potential adverse effects of storm -water surges; thermal spikes; and sediment, nutrient, and chemical discharges. Also, because the purpose of storm -water -control measures is to protect streams and wetlands, no storm -water -control measures or best management practices should be installed within any stream (perennial or intermittent) or wetland. The Service appreciates the opportunity to provide these comments. Please contact Mr. Byron Hamstead of our staff at byron_hamstead@fws.gov if you have any questions. In any future correspondence concerning this project, please reference our Log Number 4-2-22-535. Sincerely, - - original signed - - Janet Mizzi Field Supervisor a-J L O Q oC u O V) oC c� Cultural Resources Report R.S. Webb & Associates Cultural Resource Management Consultants 2800 Holly Springs Parkway, Suite 200 • P.O. Drawer 1319 Holly Springs, Georgia 30142 Phone: 770-345-0706 • Fax: 770-345-0707 November 23, 2021 Ms. Amber Lipsky Leonard S. Rindner, PLLC Wetlands & Environmental Planning Group 3714 Spokeshave Lane Matthews, North Carolina 28105 Subject: Findings - Cultural Resources Literature Review Costner School Road Development Tract Bessemer City, Gaston County, North Carolina R.S. Webb & Associates No. 21-678-032 Dear Ms. Lipsky: BACKGROUND During November 2021, R. S. Webb & Associates (RSWA) conducted a cultural resources literature review for the proposed Costner School Road development tract near Bessemer City, Gaston County, North Carolina. The proj ect area covers approximately 97 acres located east of Costner School Road and north of State Route (SR) 274 (Bessemer City Road), northeast of Bessemer City, in west Gaston County (Figure 1). For this study, a cultural resource is defined as a discrete area of human activity that is at least 50 years old. Cultural resources include, but are not limited to, archeological sites, historic structures, military earthworks, mines/mining features, historic cemeteries, and historic landscape features. The purpose of the current study was to determine if previously recorded cultural resources are located within the project area. METHODOLOGY Through the State Historic Preservation Office's (SHPO) HPOWEB database, information was reviewed regarding National Register of Historic Places (NRHP) properties, Gaston County surveyed -only historic resources, local landmarks, state study -list sites and historic resources determined by the SHPO to be eligible for the NRHP. The North Carolina Office of State Archaeology (OSA) provided RSWA with information via email regarding archeological sites within 1.6 kilometers (km) (1.0 mile) of the project area. This information included site forms, location maps and partial or full reports. Historic county maps were examined online through North Carolina Maps, a collaboration of the University ofNorth Carolina, the State Archives ofNorth Carolina, and the Outer Banks History Center. Historic aerial photography and additional historic maps were accessed through Historicaerials.com, Earthexplorer.usgs.gov, Legacy.lib.utexas.edu/maps/, and/or Alabamamaps.ua.edu. Findings - Cultural Resources Literature Review, Costner School Road Tract, Gaston County Page 2 November 23, 2021 The following primary sources were found to be useful in searching for historic resources within and adjacent to the project area: • 1891 Official Military Atlas of the Civil War (Davis et al. reprinted, 1983) • 1909 USDA Soil Map, Gaston County Sheet • 1911 USGS Lincolnton, North Carolina 15-minute quadrangle • 1938, 1949, 1953, 1963, and 1968 State Highway and Public Works Commission Maps of Gaston County • 1944 reprint of 1911 USGS Lincolnton, North Carolina 15-minute quadrangle • 1956, 1960, 1965, 1968, 1978, and 1983 aerial photographs of Gaston County • 1973 USGS Bessemer City, NC 7.5-minute quadrangle • 1993-2018 Google Earth aerial photography. RESULTS Previous Archeological Investigations: Records provided by OSA indicate at least two previous cultural resources investigations located within 1.0 km of the study tract, one of which took place within approximately 500 m of the current study tract (Figure 1). The closest previous project included an archeological survey of a 2-acre tract located 430 m west of the project area (May 1989). Previous Architectural Investigations: According to SHPO personnel, the North Carolina HPOWEB database is the definitive source of architectural survey information for Gaston County. National Register of Historic Places: There are no NRHP-listed historic properties located within 1.0 km of the current study tract. The closest NRHP-listed property is Central School in Bessemer City located approximately 1.8 km southwest of the project area (Figure 1). Gaston County Historic Resources: The HPOWEB database identifies no state study -list sites, local landmarks or properties determined eligible for the NRHP within 1.0 km of the study tract. The database shows two surveyed -only historic properties located within 1.0 km of the study tract (Figure 1). The closest recorded historic resource, Ragan Spinning Mill and Village (Resource No. GS0091), is located along and north of Oates Road from approximately 470 m to 850 m southeast of the study tract; surveyed resource boundaries are unknown. Perhaps the most integral part of the resource and the part located closest to the study tract, the historic mill facility, is no longer standing. The next closest resource is surveyed -only Resource No. GS0374 (Ormond House); it is located north of North Iowa Street, approximately 900 m southwest and/or west of the study tract. Recorded Archeological Sites: The OSA database indicates that two recorded archeological sites have been identified within 1.0 km of the project area (Figure 1). These include a 19' century house site (31 GS 149) and a prehistoric site (31 GS 181) located 300 to 500 m west of the study tract. Site 31 GS 149 was assessed and determined ineligible for the NRHP. Site 31 GS 181 was found to have been disturbed by construction at nearby Rhynes Airfield, but has not been assessed for NRHP- eligibility. Revolutionary War Actions/Features: There were no reported Revolutionary War military events in Gaston County. Following the twin defeats at Charlotte, North Carolina (38 km southeast on September 26, 1780) and at King's Mountain, South Carolina (19 km southwest on October 7, 1780), the British army circumnavigated Gaston County (by the south and west) before passing Findings - Cultural Resources Literature Review, Costner School Road Tract, Gaston County Page 3 November 23, 2021 eastward across the Catawba River at Cowan Ford (31 km northeast) in early February 1781 (Lewis 2021). Civil WarActions/Features: Review ofthe official atlas of the Civil War (Davis et al. 1983) revealed that no significant Civil War military activity occurred in present-day Gaston County. Union General William T. Sherman, following the capture of Columbia, South Carolina on February 17, 1865, moved north to the vicinity of Lancaster County, South Carolina (75 km southeast), but his army then turned northeast and moved toward Laurel Hill and Fayetteville, North Carolina, thus bypassing the project region (Davis et al. 1983). Historic Cemeteries: The USGS topographic maps reviewed show no cemeteries mapped within 1.0 km of the project area. The closest mapped cemeteries are more than 1.5 km to the west and southwest of the study tract. Structures on Historic Maps and Aerial Photographs: Soil maps and topographic maps produced in the first quarter of the 20' century show current Costner School Road and SR 274 as a primary roads. The maps show a secondary road arching from Costner School Road northeast then passing southeast through the study tract to SR 274; the maps also show two buildings located north of the of the secondary road in the north -central section of the study tract (Figure 1). The 1938 county highway map depicts Costner School Road and SR 274; it shows buildings being located only near rights -of -way. No roads are shown in the study tract, but three buildings are noted east of Costner Road, possibly north and west of the project area. The county highway map published in 1968 shows increased occupation along the eastern side of Costner Road and along a road leading north from SR 274, near the southeastern study tract corner boundary. No roads or buildings are shown in the study tract. The 1973 USGS topographic map shows a different access corridor (Bobbie Lane) leading to two buildings or two groups of buildings in the northwestern part of the study tract (Figure 1). Three additional buildings were located in the study tract in 1973 (Figure 1): two at the Costner School Road right-of-way in the northwestern part of the project area; and one along a road leading from the east in the southeastern part of the study tract. Aerial photography from 1956 shows nearly all of the study tract under cultivation; woodlands are located near buildings in the northwestern part of the project tract, along the northern study tract boundary, and along a creek in the eastern and southern parts of the study tract. At least two buildings are present in the northwestern portion of the project area and two are present in the extreme northwestern part of the tract east of Costner School Road (Figure 1). Aerial photos from 1969 show a new building in the northwestern section of the study tract and access to that area shifted from the western part of the study tract to the northwest via Bobbie Lane. Project area land appears to be under cultivation or in a fallow state; woodlands are present in the southern part of the project area. During the period 1973 through 1984 development near the northwestern, eastern, and southern study tract boundaries increases significantly. Woodlands in the southern part of the study tract continue to grow and mature, but the distribution of buildings, roads, and open land is unchanged. CONCLUSIONS There are no NRHP-listed properties, determined -eligible properties, study -listed resources, designated local landmarks, cemeteries, otherwise recorded historic resources or recorded Findings - Cultural Resources Literature Review, Costner School Road Tract, Gaston County Page 4 November 23, 2021 archeological sites located within or adjacent to the study tract. The closest recorded cultural resource is archeological site 31 GS 149, a 19' century house site located 300 m west of the project area. Historic maps and aerial photographs indicate extensive agricultural use of study tract and the presence of at least four buildings in the northwestern part of the project area during the 20th century. CLOSING COMMENTS Ms. Lipsky, we appreciate the opportunity to work with you on this project. If you have any questions or comments, please contact me at 770-345-0706. Sincerely, R.S. WEBB & ASSOCIATES (f4 J YtIr Robert S. (Steve) Webb President and Senior Principal Archeologist Attachments: Figure 1 REFERENCES Davis, G.B., L. J. Perry and J. W. Kirkley, compiled by C. D. Cowles 1983 Atlas to Accompany the Official Records of the Union and Confederate Armies. Reprint of the 1891-1895 edition. The Fairfax Press, New York. Lewis, J.D. 2021 The American Revolution in North Carolina. Internet -Online. Found at: http://www.carolana.comNC/Revolution/home.html. Accessed June 2021. May, J.A. 1989 An Archaeological Reconnaissance of Selected Portions of the South Fork Catawba River Watershed: Gaston and Lincoln Counties, North Carolina. Schiele Museum of Natural History. Gastonia, North Carolina .�.• i 10�' QUADRANGLEL4CATION l�J ' r .. • r .Costner School Road . 31GS181 Bobbie _� • �L� Lane xT `31GS149 a May i Proje t Area #�Y •� 1 ; ` � �(1989)�' aria � e9� � ,' 1 r 74 , � ` jGS03 • ; i .• ,� °Mill Facilit, + (Ormond House' n• —Surveyed Onlyj' (No Longer Pre : `� •- 4 r = i � 1998=20051 ppi) 't ❑ —' P me �.�.'i� i¢ 11o11s�i Aiem Ch i a. NRHP=Iied_.` Central -School .. jy� ..; + _•.t, r_�, ' r�.a :;asa - s� [ -•+�;■ I owed ' 1f 1L'• SQp ;ent, ,z •, l u .G ■n 1 � S n ., ... — •�. f ti i 4 W a 711 • (Ragan4Spimm�gF r •�-&•'- / Mill and,Village) ¢" Structure on Historic Maps and Aerials Previous Cultural Resource Project 013 Recorded Historic Resource ---' Road on Historic Maps and Aerials 0 Recorded Archeological Site Map Reference: 7.5-Minute USGS Quadrangles Bessemer City (1993) and Gastonia North (1993), North Carolina Scale 0 610 meters 0 2000 feet Figure 1 Project Area, Project Area and Cultural Resources Location Map