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HomeMy WebLinkAbout20230032 Ver 1_ePCN Application_20230103DWR 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: 11/2/2022 BINS # Assigned* Version#* 20230032 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: Old Statesville Road Apartments la. Who is the Primary Contact?* Heath Caldwell What amout is owed?* $240.00 $570.00 Select Project Reviewer* Andrew Pitner:eads\ahpitner lb. Primary Contact Email:* lc. Primary Contact Phone:* heath.caldwell@wetlands-epg.com (704)999-5279 Date Submitted 1/3/2023 Nearest Body of Water Caldwell Station Creek Basin Catawba Water Classification C Site Coordinates Latitude: Longitude: 35.4468 -80.8459 A. Processing Information County (or Counties) where the project is located: Mecklenburg Is this a NCDMS Project Yes No Is this project a public transportation project? * Yes No 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: Charter Properties, LLC 2b. Deed book and page no.: 2c. Contact Person: Phil Vetter 2d. Address Street Address 1520 South Blvd Address Line 2 Suite 215 City Charlotte Postal / Zip Code 28203 401 Water Quality Certification - Express Riparian Buffer Authorization State / Province / Region NC Country USA Yes No Yes No 2e. Telephone Number: 2f. Fax Number: (704)500-1805 2g. Email Address: * pav@charterproperties.com 2a. Name(s) on recorded deed: John Littlefield 2b. Deed book and page no.: 2c. Contact Person: 2d. Address Street Address 175 Davidson Highway Address Line 2 City Concord Postal / Zip Code 28027 2e. Telephone Number: (704)500-1805 2g. Email Address: * pav@charterproperties.com 2a. Name(s) on recorded deed: David and Jessica Henkel 2b. Deed book and page no.: 2c. Contact Person: 2d. Address Street Address 17209 Old Statesville Road Address Line 2 City Huntersville Postal / Zip Code 28078 2e. Telephone Number: (704)500-1805 2g. Email Address: * pav@charterproperties.com 2a. Name(s) on recorded deed: Shirley Brown 2b. Deed book and page no.: 2c. Contact Person: State / Province / Region NC Country USA 2f. Fax Number: State / Province / Region NC Country USA 2f. Fax Number: 2d. Address Street Address 17303 Old Statesville Road Address Line 2 City State / Province / Region Huntersville NC Postal / Zip Code Country 28078 USA 2e. Telephone Number: 2f. Fax Number: (704)500-1805 2g. Email Address: * pav@charterproperties.com 2a. Name(s) on recorded deed: Connie Heath 2b. Deed book and page no.: 2c. Contact Person: 2d. Address Street Address 17223 Old Statesville Road Address Line 2 City Hutersville Postal / Zip Code 28078 State / Province / Region NC Country USA 2e. Telephone Number: 2f. Fax Number: (704)500-1805 2g. Email Address:* pav@charterproperties.com 4. Agent/Consultant (if applicable) 4a. Name: Heath Caldwell 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 28277 4d. Telephone Number: (704)999-5279 4f. Email Address: * amber.lipsky@wetlands-epg.com C. Project Information and Prior Project History State / Province / Region NC Country USA 4e. Fax Number: 1. Project Information 1b. Subdivision name: (if appropriate) lc. Nearest municipality / town: Huntersville 2. Project Identification 2a. Property Identification Number: 00544330, 00544331, 00544317, 00544318, 00544319 2c. Project Address Street Address Address Line 2 City Postal / Zip Code 3. Surface Waters 3a. Name of the nearest body of water to proposed project: * Caldwell Station Creek 3b. Water Resources Classification of nearest receiving water: * C 2b. Property size: 17.21 State / Province / Region Country 3c. What river basin(s) is your project located in?* Catawba 3d. Please provide the 12-digit HUC in which the project is located. 030501011401 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 west of Hwy 115, and just north of Hwy 73, in Hutersville, Mecklenburg County, North Carolina. The elevation is approximately 770-810 ft. The site is primarily covered by single family residences and lawns along Hwy 115 with disturbed wooded slopes to the rear of the site adjacent to a power line right of way. 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: 0.045 4g. List the total estimated linear feet of all existing streams on the property: 507 4h. Explain the purpose of the proposed project: * The proposed residential development will include impacts to two wetlands and a stream for grading to meet required fixed intersections per rezoning. 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 Comments: A complete PJD application is included in this package No Unknown 5b. If the Corps made a jurisdictional determination, what type of determination was made?* Preliminary Approved Not Verified Unknown N/A Corps AID Number: 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: 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 Open Waters 2. Wetland Impacts Streams -tributaries Pond Construction Buffers 2a. Site #* (?) 2a1 Reason (?) 2b. Impact type* (?) 2c. Type of W.* 2d. W. name 2e. Forested* 2f. Type of Jurisdicition* (?) 2g. Impact area* W1 Fill P Bottomland Hardwood Forest Wetland D Yes Corps 0.002 (acres) W2 Fill P Bottomland Hardwood Forest Wetland C Yes Corps 0.005 (acres) W3 Fill P Bottomland Hardwood Forest Wetland A Yes Corps 0.038 (acres) 2g. Total Temporary Wetland Impact 0.000 2g. Total Permanent Wetland Impact 0.045 2g. Total Wetland Impact 0.045 2i. Comments: 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* SI Road Crossing Permanent Fill Stream B Perennial Corps 3 Average (feet) 359 (linear feet) 3i. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 359 31. Total stream and ditch impacts: 359 3j. Comments: stream width is 3.6 ft 0.029 AC of stream impacts E. Impact Justification and Mitigation 1. Avoidance and Minimization 3i. Total temporary stream impacts: 0 la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: Impacts associated with the proposed development were limited through site selection, design, and location/orientation of the proposed lots & access routes.There were limited opportunities to avoid impacts to aquatic features on this site due to fixed required connections per rezoning & existing site topography challenges. Part of the fill impacts are associated with safety hazard that would be arise from preserving a small section of the stream. The applicant has demonstrated avoidance & minimization efforts by limiting impacts to the required connections and regulated infrastructure requirements. 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 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 2c. If yes, mitigation is required by (check all that apply): DWR Corps 2d. If yes, which mitigation option(s) will be used for this project? Mitigation bank Payment to in -lieu fee program Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: Wildlands Catawba 01 Umbrella Mitigation Bank 3b. Credits Purchased/Requested (attach receipt and letter) Type: Stream Quantity: 359 3c. Comments A 1:1 ratio is proposed due to the deteriorated condition of the stream. Please see NCSAM for details. 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. Mecklenburg 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 Mecklenburg 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 exempt as described in the attached T&E report. This report has been submitted to FWS for concurrence. 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://polaris3g.mecklenburgcountync.gov/ 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 Old Statesville Road Apartments PCN.pdf 22.22MB 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: Heath Caldwell Signature WeaCY &` �/.(esll Date 1/3/2023 WEPG Preliminary ORM Data Entry Fields for New Actions SAW - 20 - Prepare file folder n Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. BEGIN DATE [Received Date]: Assign Action ID Number in ORM pi 1. Project Name [PCN Form A2a]: Old Statesville Road Apartments 2. Work Type: Private pi Institutional ri Government n Commercial 3. Project Description / Purpose [PCN Form B3d and B3e]: PJD and PCN request for residential development 4. Property Owner / Applicant [PCN Form A3 or A4]: Charter Properties 5. Agent / Consultant [PCN Form A5 — or ORM Consultant ID Number]: WEPG, PLLC c/o Heath Caldwell EI 6. Related Action ID Number(s) [PCN Form B5b]: 7. Project Location - Coordinates, Street Address, and/or Location Description [PCN Form B1b]: 35.4468, -80.8459 -17225 Old Statesville Road, Huntersville, NC 28078 8. Project Location - Tax Parcel ID [PCN Form B1a]: 00544330, 00544331, 00544317, 00544318, 00544319 9. Project Location —County [PCN Form A2b]: Mecklenburg 10. Project Location — Nearest Municipality or Town [PCN Form A2c]: Huntersville 11. Project Information — Nearest Waterbody [PCN Form B2a]: Caldwell Station Creek 12. Watershed / 8-Digit Hydrologic Unit Code [PCN Form B2c]:Catawba (03050101) Authorization: Section 10 n Section 404 n Section 10 & 404 n Regulatory Action Type: pind m StaNationwide Permit # n RegionaldarGeneralPerit Permi29t # n Jurisdictional Determination Request H Pre -Application Request Unauthorized Activity n Compliance ❑ No Permit Required Revised 20150602 Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. January 3, 2022 Mr. Bryan Roden -Reynolds U.S. Army Corps of Engineers Charlotte Regulatory Field Office 8430 University Executive Park Drive Charlotte, NC 28262 Mr. Andrew Pitner NCDEQ Division of Water Resources 610 East Center Street, Suite 301 Mooresville, NC 28115 Mr. Paul Wojoski NCDEQ Division of Water Resources Wetlands & Storm Water Branch 512 North Salisbury Street Raleigh, NC 27604 Mr. Byron Hamstead U.S. Fish and Wildlife Service Asheville Field Office 160 Zillicoa St. Asheville, NC 28801 Subject: Preliminary Jurisdictional Determination and Pre -Construction Notification for NWP #29 for the Old Statesville Road Apartments site in Huntersville, Mecklenburg County, North Carolina Messrs. Roden -Reynolds, Pitner, Wojoski, and Hamstead, Enclosed is a request for Nationwide Permit #29 for the Old Statesville Road Apattiuents site on 17.21 acres located along Old Statesville Road in Huntersville, NC. The site is a proposed residential development and consists of one stream and three wetlands. A Preliminary Jurisdictional Determination Request for the proposed project is included in this application. Please refer to the Jurisdictional Determination Information for information on onsite surface waters. This site is adjacent to an existing development. As discussed with USACE in late July of 2022, the proposed development is a separate and complete site. A portion of the project area was included in a permit application several years ago, but the proposed development includes several additional parcels, and will have their own entrance, utility connection, stormwater, and Charlotte Office: 106 12-D Providence Rd. PMB 550 Charlotte, NC 28277 (704) 904-2277 len.rindner@wetlands-epg.com www.wetlands-epg.com 1 Asheville Office: 1070 Tunnel Rd., Bldg. I Suite I D, PMB 283 Asheville, NC 28805 WEPG Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. private amenity. The only connection to the adjacent site is due to required roadway connections per the City of Huntersville. Please refer to the USACE Coordination section for additional details. As shown on the attached exhibits, the proposed project will include permanent impacts to one stream and three wetlands for road crossings and fill for a residential development. Total permanent impacts proposed include 359 linear feet (0.029 acres) of stream impact (Stream B) and 0.045 AC of wetland impacts (Wetland A, C, and D). The proposed crossings were necessary due to a combination of the NCDOT driveway spacing requirements and the required connection points per rezoning. The proposed fill impacts are, in part, to accommodate the required road grades and parking requirements. Additional fill is proposed for the preferred plan due to the safety hazards associated with potential alternative plan. The alternative plan would only limit impacts to a small section of stream (Sheets WD3.0 and 3.1) through use of large retaining walls. Additionally, the geometry and location of the required roadway connections do not allow for safer grading options and would not provide additional avoidance of stream impacts. Because of the safety complications in using the retaining walls and the required roadway connections required for the site plan, the impacts associated with the preferred plan would provide the best avoidance and minimization option while still allowing for project viability. Overall impacts to site surface waters associated with the proposed development were limited through site selection location, design, and the location/orientation of the proposed lots and access routes. A headwall is proposed at the end of the stream impact area and 2:1 slopes will be implemented to limit impacts to site surface waters. The proposed plan is the safest option while maximizing avoidance and minimization methods. To compensate for the anticipated permanent impacts to onsite streams, the applicant is proposing payment to the North Carolina Division of Mitigation Services In -Lieu Fee Program at a 1:1 ratio due to the deteriorated condition of the stream. Please refer to the enclosed NCSAM for more details. Also enclosed is a copy of our Threatened/Endangered Species Evaluation for the site. No listed species were identified within the project area and we believe that there will be no effect on listed species, or their critical habitat as designated under Section 7 of the Endangered Species Act. Please refer to the Threatened and Endangered Species Evaluation Section for additional details on the terrestrial species evaluation. This report has been submitted to Fish and Wildlife Services for concurrence. Thank you for your consideration and please contact me if you have any questions, (704)999-5279 or email at heath.caldwell@wetlands-epg.com. Sincerely, Heath Caldwell, PWS Environmental Scientist Len Rindner, PWS Principal Charlotte Office: 106 12-D Providence Rd. PMB 550 Charlotte, NC 28277 (704) 904-2277 len.rindner@wetlands-epg.com www.wetlands-epg.com 2 Asheville Office: 1070 Tunnel Rd., Bldg. I Suite I D, PMB 283 Asheville, NC 28805 USACE Correspondence USACE Correspondence Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. Ien.rindner44wetlands-epg.com (704) 904-2277 www.wedands-epg.com Charter Apartments Roden Reynolds, Bryan K CIV USARMY CESAM (USA) <Bryan.K.RodenReynolds@usace.army.mil> To: Len Rindner <len.rindner@wetlands-epg.com>, "Scott.jones@army.mil" <Scott.jones@army.mil> Cc: Amber Lipsky <amber.lipsky@wetlands-epg.com> Mr. Rindner, Amber Lipsky <amber.lipsky@wetlands-epg.com> Tue, Jul 26, 2022 at 3:21 PM I received the email yesterday and had the chance to speak with Scott today about this project. We are both in agreement that if you can demonstrate the new proposed project is a single and complete project and does not solely rely on a previous development's existing infrastructure, utility connection, roads, etc. then the Corps is ok separating this project from a previous project. Therefore, you can submit a PCN under a Nationwide Permit Program and at that time, the Corps will review all project specific information and make a final determination as to if the project can be considered a single and complete project and not considered cumulative with the adjacent development. PLEASE NOTE: A General Water Quality Certification (GN4256/GN4263) for projects eligible for Corps Nationwide Permit 29/39 is required by the North Carolina Department of Environmental Quality, Division of Water Resources. In GN4256/GN4263 states "activities that are eligible for Corps NWP 29/39 qualify for coverage under this General Certification unless they meet one of the thresholds listed (i.e., thresholds "a" through "j"). Activities meeting any one of the thresholds or circumstances listed are not eligible for coverage under GN4256/GN4263 and require an Individual 401 Water Quality Certification from the Division of Water Resources." Please focus on thresholds "b" and "c" • "b" which states "total temporary and permanent impacts to streams greater than 150 linear feet"; or • "c" which states "total temporary and permanent impacts to wetland or open waters equal to or greater than 1/10 acre." Therefore, if the proposed project exceeds any of the thresholds "a" through "j", then an Individual Water Quality Certification is required as this project will not qualify for a general Water Quality Certification. In addition, the Corps cannot issue a Nationwide Permit until the applicant receives the Individual Water Quality Certification from the Division of Water Resources and supplies a copy to the Corps. Thanks, Bryan Roden -Reynolds, PWS Senior Regulatory Project Manager U.S. Army Corps of Engineers Wilmington District 8430 University Executive Park Drive Charlotte, NC 28262 Office: (704)619-0426 From: Len Rindner <len.rindner@wetlands-epg.com> Sent: Monday, July 25, 2022 1:04 PM To: Scott.jones@army.mil Cc: Roden Reynolds, Bryan K CIV USARMY CESAM (USA) <Bryan.K.RodenReynolds@usace.army.mil> Subject: [URL Verdict: Neutral][Non-DoD Source] Fwd: Charter Apartments Scott and Bryan One of our long term clients, Charter Properties has asked us to evaluate a site in Huntersville for a multi -family project. We learned that another developer looked at this site in 2018 and David Shaeffer made a determination that the plan they submitted was associated with another project in the large Caldwell Station Area of Huntersville. In addition we understand that the proposed impacts were significantly more extensive and would likely have exceeded the Nationwide Permit thresholds, when associated with the adjacent project. Our understanding is that the earlier plan reviewed by David Shaeffer would have required an Individual Permit. However, Charter is looking at this site for their own multi -family development. They are also adding additional parcels that were not part of the previous site plans. They will have their own entrance; their own stormwater management; and their own private amenity. The plan meets the Town Of Huntersville planning requirements. They are also proposing only minor impacts to a degraded segment of stream and wetland (photo's attached). I have attached our preliminary assessment mapping from February 2022; and draft planning information for your review as well. Our client is looking for input whether this site can potentially be considered a it's own stand alone project and potentially eligible to utilize the Nationwide Permit program. Please let me know your thoughts and if you have any questions. Thank you. Len [Quoted text hidden] Permit Application Permit Application Office Use Only: Corps action ID no. DWQ project no. Form Version 1.4 January 2009 Pre -Construction Notification (PCN) Form A. Applicant Information 1. Processing la. Type(s) of approval sought from the Corps: ❑ Section 10 Permit X Section 404 Permit 1 b. Specify Nationwide Permit (NWP) number: 29 or General Permit (GP) number: lc. 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): — Regular ❑ Non-404 Jurisdictional General Permit — Express ❑ Riparian Buffer Authorization X 401 Water Quality Certification ❑ 401 Water Quality Certification le. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: For the record only for Corps Permit: ❑ Yes X No ❑ Yes X No 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. X Yes ❑ 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: Old Statesville Road Apartments 2b. County: Mecklenburg 2c. Nearest municipality / town: Huntersville 2d. Subdivision name: 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: Charter Properties, LLC 3b. Deed Book and Page No. 3c. Responsible Party (for LLC if applicable): Phil Vetter 3d. Street address: 1520 South Blvd, Suite 215 3e. City, state, zip: Charlotte, NC 28203 3f. Telephone no.: (704)500-1805 3g. Fax no.: 3h. Email address: pav©charterproperties.com Page 1 of 10 PCN Form — Version 1.4 January 2009 4. Applicant Information (if different from owner) 4a. Applicant is: ❑ Agent ❑ Other, specify: 4b. Name: 4c. Business name (if applicable): 4d. Street address: 4e. City, state, zip: 4f. Telephone no.: 4g. Fax no.: 4h. Email address: 5. Agent/Consultant Information (if applicable) 5a. Name: Heath Caldwell 5b. Business name (if applicable): Wetlands & Environmental Planning Group, PLLC 5c. Street address: 10612-D Providence Road, PMB 550 5d. City, state, zip: Charlotte, NC 28277 5e. Telephone no.: (704)999-5279 5f. Fax no.: 5g. Email address: heath.caldwell@wetlands-epg.com Page 2 of 10 B. Project Information and Prior Project History 1. Property Identification la. Property identification no. (tax PIN or parcel ID): 00544330, 00544331, 00544317, 00544318, 00544319 lb. Site coordinates (in decimal degrees): Latitude: 35.4468 Longitude: -80.8459 lc. Property size: 17.21 acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: Caldwell Station Creek 2b. Water Quality Classification of nearest receiving water: C 2c. River basin: Catawba/03050101 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 west of Hwy 115, and just north of Hwy 73, in Hutersville, Mecklenburg County, North Carolina. The elevation is approximately 770-810 ft. The site is primarily covered by single family residences and lawns along Hwy 115 with disturbed wooded slopes to the rear of the site adjacent to a power line right of way. 3b. List the total estimated acreage of all existing wetlands on the property: 0.045 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 507 3d. Explain the purpose of the proposed project: The proposed residential development will include impacts to two wetlands and a stream for grading to meet required fixed intersections per rezoning. 3e. Describe the overall project in detail, including the type of equipment to be used: Fill and grading of the site will use standard equipment, excavator, dump truck, track hoe, etc. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project (including all prior phases) in the past? ❑ Yes X No ❑ Unknown Comments. 4b. If the Corps made the jurisdictional determination, what type of determination was made? Preliminary Final 4c. If yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. A complete PJD application is included in this application. 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 la. Which sections were completed below for your project (check all that apply): ❑ Buffers ❑ Open Waters ❑ Pond Construction X Wetlands X Streams — tributaries 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. Wetland impact number Permanent (P) or Temporary (T) 2b. Type of impact 2c. Type of wetland 2d. Forested 2e. Type of jurisdiction Corps (404,10) or DWQ (401, other) 2f. Area of impact (acres) W1 P Fill Bottomland Hardwood Forest Yes Corps 0.002 W2 P Fill Bottomland Hardwood Forest Yes Corps 0.005 W3 P Fill Bottomland Hardwood Forest Yes Corps 0.038 W4 - Choose one Choose one Yes/No - W5 - Choose one Choose one Yes/No - W6 - Choose one Choose one Yes/No - 2g. Total Wetland Impacts: 0.045 2h. Comments: W1- Wetland D W2- Wetland C W3- Wetland A 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 Fill Stream B PER Corps 3.6 359 S2 - Choose one - - S3 - Choose one - - S4 - Choose one - - S5 - Choose one - - S6 - Choose one - - 3h. Total stream and tributary impacts 359 3i. Comments: S1- 0.029 AC Page 4 of 10 PCN Form — Version 1.4 January 2009 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individually list all open water impacts below. 4a. Open water impact number Permanent (P) or Temporary (T) 4b. Name of waterbody (if applicable) 4c. Type of impact 4d. Waterbody type 4e. Area of impact (acres) 01 - Choose one Choose 02 - Choose one Choose 03 - Choose one Choose 04 - Choose one Choose 4f. Total open water impacts 4g. Comments: 5. Pond or Lake Construction If pond or lake construction proposed, then complete the chart below. 5a. Pond ID number 5b. Proposed use or purpose of pond 5c. Wetland Impacts (acres) 5d. Stream Impacts (feet) 5e. Upland (acres) Flooded Filled Excavated Flooded Filled Excavated P1 Choose one P2 Choose one 5f. Total: 5g. Comments: 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. 6a. Project is in which protected basin? ❑ Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Randleman ❑ Other: 6b. Buffer Impact number — Permanent (P) or Temporary (T) 6c. Reason for impact 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact (square feet) 6g. Zone 2 impact (square feet) B1 - Yes/No B2 - Yes/No B3 - Yes/No B4 - Yes/No B5 - Yes/No B6 - Yes/No 6h. Total Buffer Impacts: 6i. Comments: Page 5 of 10 D. Impact Justification and Mitigation 1. Avoidance and Minimization la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. Impacts associated with the proposed development were limited through site selection, design, and location/orientation of the proposed lots & access routes.There were limited opportunities to avoid impacts to aquatic features on this site due to fixed required connections per rezoning & existing site topography challenges. Part of the fill impacts are associated with safety hazard that would be arise from preserving a small section of the stream. The applicant has demonstrated avoidance & minimization efforts by limiting impacts to the required connections and regulated infrastructure requirements. 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 impacts. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? No X Yes ❑ 2b. If yes, mitigation is required by (check all that apply): ❑ DWQ X Corps 2c. If yes, which mitigation option will be used for this project? fee program Mitigation X Mitigation bank ❑ Payment to in -lieu ❑ Permittee Responsible 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: Wildlands Catawba 01 Umbrella Mitigation Bank 3b. Credits Purchased (attach receipt and letter) Type: Stream Type: Choose one Type: Choose one Quantity: 359 Quantity: Quantity: A 1:1 ratio is proposed due to the deteriorated condition of the stream. Please see NCSAM for details. 3c. Comments: 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. ❑ Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: Choose one 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non -riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Page 6 of 10 PCN Form — Version 1.4 January 2009 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? Yes X No 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund). 6h. Comments: Page 7 of 10 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? ❑ Yes X No 1 b. If yes, then is a diffuse flow plan included? If no, explain why. ❑ Yes ❑ No 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? cyo 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 Mecklenburg County but will be designed to meet their criteria. 2e. Who will be responsible for the review of the Stormwater Management Plan? Mecklenburg County 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? Mecklenburg County 3b. Which of the following locally -implemented stormwater management programs apply (check all that apply): X Phase II NSW ❑ USMP ❑ Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been attached? ❑Yes X No 4. DWQ Stormwater Program Review 4a. Which of the following state -implemented stormwater management programs apply (check all that apply): Coastal counties ❑HQW ❑ORW ❑Session Law 2006-246 ❑Other: 4b. Has the approved Stormwater Management Plan with proof of approval been attached? ❑ Yes X No 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ❑ Yes ❑ No 5b. Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No Page 8 of 10 PCN Form — Version 1.4 January 2009 F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1 a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? ❑ Yes X No 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State (North Carolina) Environmental Policy Act (NEPA/SEPA)? ❑Yes ❑ No lc. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval letter.) Comments: ❑ Yes ❑ No 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, or Riparian Buffer Rules (15A NCAC 2B .0200)? ❑Yes X No 2b. Is this an after -the -fact permit application? ❑Yes X No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality? Yes X No 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. No additional phases proposed. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. Wastewater generated on the site will be transported to the nearest treatment facility via sewer lines. Page 9 of 10 PCN Form — Version 1.4 January 2009 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or habitat? ❑ Yes X No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts? ❑ No X Yes 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 exempt as described in the attached T&E report. This report has been submitted to FWS for concurrence. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes X No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? No essential fish habitat in this region. 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? ❑ Yes X No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? SHPO's website: https://nc.maps.arcgis.com Report from R.S. Webb & Associates 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? ❑ Yes X No 8b. If yes, explain how project meets FEMA requirements: 8c. What source(s) did you use to make the floodplain determination? www.fema.gov https://polaris3g.mecklenburgcountync.gov/ Heath Caldwell Applicant/Agent's Printed Name e V2a - *l, 1-3-2023 Date Applicant/Agent's Signature (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 10 of 10 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). Project/Site Name: Old Statesville Road Apartments Property Address: —17225 Old Statesville Road, Huntersville, NC 28078 Parcel Identification Number (PIN): 00544330, 00544331, 00544317, 00544318, 00544319 Select one: f am other Name: Phil Vetter Company: Charter Properties Mailing Address: 1520 South Blvd, #215, Charlotte, NC 28203 Telephone Number: (704) 500-1805 Electronic Mail Address: pav@charterproperties.com / 2 1-1— Property I ner l (nterested 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: I0612-D Providence Rd. PMB 550 Charlotte, NC 28277 (704) 904-2277 www.wetlands-epg.com Asheville Office 1070 Tunnel Rd., Bldg. 1 Suite 10, PMB 28_ Asheville, NC 2880! WILDLANDS HOLDINGS Catawba Stream Credits Statement of Availability December 27, 2022 Charter Properties, LLC 1520 South Blvd, Suite 215, Charlotte, NC 28203 Attn: Mr. Phil Vetter RE: Availability of Stream Credits for the "Old Statesville Road Apartments" project Bank Name: Wildlands Catawba 01 Umbrella Mitigation Bank Bank Sites: Firestone Mitigation Site / Double Rock Mitigation Site Bank Sponsor: Wildlands Holdings VI, LLC USACE Action ID No.: SAW-2020-01534 / SAW-2020-01532 Permittee: Charter Properties, LLC Stream Credits Needed: 359 LF Stream Credits Available: 1,466.25 LF Catawba 03050101 River Basin Dear Mr. Vetter, Wildlands Holdings VI, LLC, owned and operated by Wildlands Engineering, Inc., currently has sufficient stream credits from the Wildlands Catawba 01 Umbrella Mitigation Bank: Firestone Mitigation Site and Double Rock Mitigation Site to satisfy the stream mitigation requirements related to the above -mentioned project. The project is located within the Catawba River Basin of the service area (HUC 03050101) of the Bank. This letter is simply a statement of availability of credits as of the date written. It is neither a guarantee of future credit availability, nor a guarantee of credit pricing. Credits are sold on a first come, first serve basis at the Bank's price at the time an invoice is requested. Invoices reserve both the credits and the price for a period of 30 days. Credits and associated pricing may be reserved for up to 6 months with a signed reservation agreement and a 10% deposit. Final transfer of the credits will be made upon receipt of a copy of the US Army Corps of Engineers Compensatory Mitigation Responsibility Transfer Form approving the Stream and/or wetland mitigation purchase from the Bank and upon receipt of your payment to Wildlands Holdings VI, LLC. We appreciate the opportunity to assist you with your mitigation requirements. Please contact me at (704) 332- 7754 x114 or cbrunick@wildlandseng.com if you have any questions or need any additional information. Wildlands Holdings VI, LLC • Wildlands Engineering, Inc • 1430 South Mint Street, Suite 104, Charlotte, NC 28203 WILDLANDS HOLDINGS Sincerely, Camden M. Brunick Wildlands Engineering, Inc. Mitigation Credit Sales cbrunick@wildlandseng.com 0: (704) 332-7754 ext. 114 M: (919) 219-6162 Cc: Ms. Amber Lipsky I Wetlands & Environmental Planning Group, Leonard S. Rindner, PLLC Wildlands Holdings VI, LLC • Wildlands Engineering, Inc • 1430 South Mint Street, Suite 104, Charlotte, NC 28203 Maps/Plans Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. len.rindner@wetlands-epg.com (704) 904-2277 www.wetlands-epg.com Prepared for: CHARTER PROPERTIES OLD STATESVILLE ROAD APARTMENTS Mecklenburg Co., NC VICINITY MAP For study purposes only - Subject to USACE/NCDEQ verification Drawn By: ALL Reviewed By: HAC FIGURE 1 2/7/22 I- -L. —4-- — r - - a_ OWN CIOCI Dr C., IElm 41. 1 i111 NMI Ail els PARCEL ID: 00544330 CALDWELL STATION LLC 175 DAVIDSON HWY CONCORD, NC 28027 1 Y PARCEL ID: 00544331 DAVID & JESSICA HENKEL 10040 DEVONSHIRE DR HUNTERSVILLE, NC 28078 Parcel Information Provided by Mecklenburg County GIS 2022 s 5141 + I t + PARCEL ID: 00544317 CONNIE HEATH 3500 TALL PINE COURT WILMINGTON, NC 28409 �r 41 4 ti -. ,„..„-.1, ..,..., c....., _,.. ,,..i. +9 .... a -„. , ..... ..... ..... .4.1 . ... ... ... .... ...a. 5,.. ii,__ .... ... ss ''_ r Or) 1oIf4I PROPERTY BOUNDARY STUDY LIMITS if, 17.21 +/- AC PARCEL ID: 00544318 SHIRLEY KNOX BROWN 14411 STUMPTOWN RD \HUNTERSVILLE, NC 28078 J 4I 0 PARCEL ID: 00544319 SHIRLEY KNOX BROWN at �I r J� 00 ■ Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. len.rindner@wetlands-epg.com (e 904-2277 www. .ww et lanan ds-s- e pg. c o m Prepared for: CHARTER PROPERTIES OLD STATESVILLE ROAD APARTMENTS Mecklenburg Co., NC PARCEL MAP For study purposes only - Subject to USACE/NCDEQ verification Drawn By: ALL Reviewed By: HAC FIGURE 2 2/7/22 Aerial Imagery Provided by Google Images 2022 Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. len.rindner@wetlands-epg.com (704) 904-2277 www.wetlands-epg.com OLD STATESVILLE ROAD APARTMENTS Mecklenburg Co., NC AERIAL MAP For study purposes only - Subject to USACE/NCDEQ verification Drawn By: ALL Reviewed By: HAC FIGURE 3 2/7/22 LOCATION Lat: 35.4468 2N Long: -80.8459 2W HUC: 03050101 CATAWBA USGS QUAD Cornelius, NC 1993 Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. len.rindner@wetlands-epg.com (704) 904-2277 www.wetlands-epg.com Prepared for: CALDWELL STATION CREEK 1 PROPERTY BOUNDARY STUDY LIMITS 17.21 +/- AC SCALE 1:24,000 CHARTER PROPERTIES OLD STATESVILLE ROAD APARTMENTS Mecklenburg Co., NC USGS MAP For study purposes only - Subject to USACE/NCDEQ verification Drawn By: ALL Reviewed By: HAC FIGURE 4 2/7/22 NRCS Soil Survey Manuscript Mecklenburg County 1980 Map U IIL S•yr-ll)ul PROPERTY BOUNDARY STUDY LIMITS 17.21 +/- AC Map Unit Name Acres in AOI Percent of AOl CD Ce82 Cecil sandy clap loam. 2 to B percent slopes. moderately eroded Heh Helena sandy loam, 2 to 8 percent slopes PaE Pacolet sandy loam, 16 to 25 percent slopes Totals for Area of Interest 17.5 6B_2% 2B_g% 2_g% 100.0% Wetlands and Environmental Plannin Grou Leonard S. Rindner, PLLC. len.rindner@wetlands-epg.com (704) 904-2277 www.wetlands-epg.com Prepared for: CHARTER PROPERTIES OLD STATESVILLE ROAD APARTMENTS Mecklenburg Co., NC NRCS SOIL SURVEY MANUSCRIPT MAP For study purposes only - Subject to USACE/NCDEQ verification Drawn By: ALL Reviewed By: HAC FIGURE 5 2/7/22 W 0 a tn 0 3 i z 0 0 Wa 0 0 a 0 I / I Y / EXISTING HIGH ( TENSION POWER LINE \ 1 I\\\ I\1\ `� \ \ 1� I \ / PROPERTY LINE (TYP.) 1 1 \\ \ (\ \ \ I \ 1 I I \ \ \ / 1 i 1 \\ Hl 1 1) / / /' ;�►111//�/I INTERMITTENT STREAM "B" / / I 111I 1 1 I / / / / ±507 LF, 1,977 SF (0.045 ACC /j/ I I 1 I / // / \ / / �,//// / ///// A,/// —// / ///�// WETLAND "Crr� /�//// / //// / ± 207 SF (0.005 AC) / / / / / / / I / /> INTERMITTENT STREAM( "B" ORIGIN WETLAND ±1,660 SF (0.038 GREENWAY TRAIL PER REZONING %� / j/ / 7 / / WETLAND "D" — / / / ) I ; ±106 SF (0.002 AC) / / / //// //f / ///� //- J\ I�j /J—'i/ ///�/ / /// // \ 11 // // 7/// / / // / 1 /// / r_. l//1//_ 7 / // // \-Il// llC 7- �jI / // // / 7 \-I // / _,- / 7 \ , AC) I / I II c // f —/ / / l 1 \ V / /J 7 \ / / / 7 / / / / 1( ,,/ 11 l 1 111 \�\� ....... — _ / / 7 / / / / H1TE OAK / /WHITE7(OAK l I — _ ` — f / i /LA MATURING J / /LARGE MATkJR1Al 1 II\ �� i �� SPECIME-N-fREE SPVCIME TREE J \ / ��EGAN� WILL,RINrOAK/ / `J DBH ` 2$" DBH PINE SMALL MATURING SPECIMEN TREE 19" DBH WILLOW OAK LARGE MATURING SPECIMEN TREE 25" DBH WILLOW OAK LARGE MATURING SPECIMEN TREE 56" DBH \ f3PECu I FREE SP CIMEN TR • 14 1 SPECIMEN TR�� �'%DB PECAN I LARGE MATJNC, SPECIMEN TREE 25" DBH LARGE MATURING STC1MEN I REE 24" DBH MAPLE LARGE MATURI --- 30" DBH— MATURING / 1 / / p �/ CED LARD A-TURING RGE MA f131 �_ PE LARGE MArTURINGf SPEC EN EE DBH WI(LOW 0 LARGE MATLJNG MAKE LScEGE CI � PECIME 31" DBH 39" DBH ATU`ING TREE / / WILLOW OAK LARGE MATURING SPECIMEN TWEE DBH WILLOW OAK -e LAR E ROAD SPFCL FN TRF (NC HWY 115) PECA 29",Bf 40' DBH / � LL M4TURfNG SPECIMEN TREE 21" D84i-\ LAM LARGE MATURING SPECIMEN THE 26" DBH / t ' DBH \ CEDAR \ SMALL MATURING SPECIMEN TREE 2" DBH \ EXISTING RAILROAD d�a DESIGN RESOURCE ROUP LANDSCAPE ARCH ITECTURE CIVIL ENGINEERING TRANSPORTATION PLANNING 2459 Wilkinson Blvd, Ste 200 Charlotte, NC 28208 70w 4.343.0608 www.drgrp.com IN EXISTING CONDITIONS 60 SCALE: 1" = 120' 1200 PROJECT #: DRAWN BY: CHECKED BY: 278-044 MN TN DATE REVISIONS: WD1.0 Copyright Qf 2022 Design Resource Group, PA This plan or drawing and any accompanying documents or calculations are the property of Design Resource Group, PA; and are intended solely for the use of the recipient noted. No third party use or modification is permitted without written authorization SINGLE FAMILY LOTS PER REZONING 0 PRIMARY ENTRANCE to IMPACT AREA ENLARGEMENTS SEE SHEETS: WD2.2 & WD3.1 FOR ENLARGMENTS TOWNHOMES TOWNHOMES 411111,11,1111, TOWNHOMES 1 • �i►�/��1 • TOWNHOMES TOWNHOMES LiLILll11111111 OPEN SPACE/DOG PARK d13 DESIGN RESOURCE L ROUP LANDSCAPE ARCH ITECTURE CIVIL ENGINEERING TRANSPORTATION PLANNING ®2459 Wilkinson Blvd, Ste 200 Charlotte, NC28208 704.343.0608 www.drgrp.corn 0 L SITE PLAN SCALE: 1" = 120' OD 1200z PROJECT #: 278-044 DRAWN By: MH CHECKED BY: TH DATE REVISIONS: WD2.0 Copyright ©2022 Design Resource Group, PA This plan or drawing and any accompanying documents or calculations are the property of Design Resource Group, PA; and are intended solely for the use of the recipient noted. No third party use or modification is permitted without written authorization fn 63 0 F= EXISTING ROAD STUB PROPOSED LIMITS OF INTERMITTENT STREAM "B" STREAM DISTURBANCE ± 359 LF, ± 1,296 SF (0.029 AC) PROPOSED LIMITS OF WETLAND "C" DISTURBANCE f 207 SF (0.005 AC) I\�\ 1 PROPOSED LIMITS OF WETLAND "A" DISTURBANCE ± 1,660 SF (0.038 AC) REQUIRED FUTURE ROAD STU B AMENITY AREA, SEE ENLARGEMENT SHEET WD2.2 PRIMARY ENTRANCE REQUIRED CONNECTION PER REZONING & NCDOT DRIVEWAY SPACING REQUIREMENTS "CLUB J PUBLIC STREET A TOWNHOMES I / / / • B.M.P. TOWNHOMES RESIDENTIAL ALLEY TOWNHOMES - TOWNHOMES TOWNHOMES OLD STATESVILLE ROAD PROPOSED GREENWAY TRAIL PER REZONING (NO IMPACT) • PROPOSED END OF IMPACT/NEW INTERMITTENT STREAM "B" ORIGIN EXISTING ROAD STUB -16 PROPOSED LIMITS OF WETLAND "D" DISTURBANCE ± 106 SF (0.002 AC) • • RESIDENTIAL ALLEY TOWNHOMES • I I I I I u I I I l I I I I I TOTAL IMPERVIOUS AREA: 1,732,236 SF EXISTING ROAD STUB • OPEN SPACE/DOG PARK dr DESIGN RESOURCE L ROUP LANDSCAPE ARCH ITECTURE CIVIL ENGINEERING TRANSPORTATION PLANNING ®2459 Wilkinson Blvd, Ste 200 Charlotte, NC28208 704.343.0608 www.drgrp.corn L PROPOSED SITE PLAN & IMPACT AREAS BD 7200 Z SCALE: 1" =120' PROJECT #: DRAWN BY: CHECKED BY: 278-044 MH TH DATE REVISIONS: Copyright ©2022 Design Resource Group, PA This plan or drawing and any accompanying documents or calculations are the property of Design Resource Group, PA; and are intended solely for the use of the recipient noted. No third party use or modification is permitted without written authorization WD2.1 N tn In 1- 0 J a t; 0 6 Ja 0 0 OC 0 U 0 0 a 0 SINGLE FAMILY DEVELOPMENT PER APPROVED REZONING i I PROPOSED LIMITS OF INTERMITTENT I STREAM "B" STREAM DISTURBANCE` ± 359 LF, ± 1,296 SF (0.029 AC) i ■ ■ ■ PROPOSED LIMITS OF WETLAND "C" DISTURBANCE ± 207 SF (0.005 AC) \ ■ ■ MAX ROAD GRADE REQUIRES FILLING ■ ■ PROPOSED LIMITS OF WETLAND "A" DISTURBANCE ± 1,660 SF (0.038 AC) 'L PARKING PROVIDED PER MINIMUM CODE REQUIREMENTS REQUIRED CONNECTION POINT PER REZONING •/ ■ • ■ 11 i J / BYPASS AND SUBSURFACE � CONVEYANCE WILL DAYLIGHT AT/DEAR END OF IMPACT/NEW STREAM ORIGIN MUNICIPAL REQUIRED CROSSING. ROAD GEOMETRY REQUIRED PROPOSED LIMITS OF WETLAND "D" DISTURBANCE ± 106 SF (0.002 AC) REQUIRED CONNECTION POINT PER REZONING • dr DESIGN RESOURCE L ROUP LANDSCAPE ARCHITECTURE CIVIL ENGINEERING TRANSPORTATION PLANNING ®2459 Wilkinson Blvd, Ste 200 Charlotte, NC28208 704.343.0608 www.drgrp.corn L PROPOSED IMPACT AREA ENLARGEMENT_ 0 30 SCALE: 1" = 60' 60� PROJECT #: DRAWN BY: CHECKED BY: 278-044 MH TH DATE REVISIONS: WD2.2 Copyright © 2022 Design Resource Group, PA This plan o drawi g and any accompa ying documents or calculations ere the property of D n Resource Group, PA; and ere intended solely for the use of the recipient noted. No third party use or modificetbn is permitted without wrttten euthor¢efion RETAINING WALL TO LIMIT IMPACTS 3 C9 Z 1- I �j' j 5 7' r I 31'-6" -ROPOSED BUILDING HEAD -IN PARKING • 1 1 -PRO" 6' 10 10 ' 7' 5 7 I 16 11.5' 2' 2 1• EXISTING INTERMITTENT STREAM "B" E EXISTING INTERMITTENT STREAM "B" ORIGIN REFER TO NCSAM RATING FOR STREAM QUALITY ASSESSMENT OF THE IMPACT AREA PROPOSED END OF DISTURBANCE/NEW INTERMITTENT STREAM "B" ORIGIN ELEVATION OF PROPOSED IMPACT TO INTERMITTENT STREAM VIEW NORTH dr DESIGN RESOURCE ROUP LANDSCAPE ARCH ITECTURE CIVIL ENGINEERING TRANSPORTATION PLANNING 2459 Wilkinson Blvd, Ste 200 Charlotte, NC28208 704.343.0608 www.drg p.com v! Z 5W L /Q 0 0 0 w J J Q 0 HUNDERSVILLE NORTH CAROLINA U Z L° N W • H W o I= co CNI LLN 0NN W IIUn a_W LLZP N..OJL-� 1� � 004 a m a cC 1-_ W 1_ p U < Nis) '- 0 PROPOSED IMPACT AREA _ENLARGEMENT_ PROJECT #: 278-044 DRAWN BY: MH CHECKED BY: TH DATE REVISIONS: WD2.3 Copyright ©2022 Design Resource Group, PA This plan or drawing and any accompanying documents or calculations are the property of Design Resource Group, PA; and are intended solely for the use of the recipient noted. No third party use or modification is permitted without written authorization • • N cn W W F O a re 0 0 JH 0 a U K LY x U bn a N OFFSET FROM PR OPQSEOWALL // / S 1 PI/BLI 82 / y=.�. ) / T— 30' STREAM BUFFER 90 / / / / y TOP OF WALL: 790.00 _ --- i=iMMIMIli,-;..9" /miigym ri'� TOP OF WALL: ▪ 790.00 j BOTTOM OF WALL: 782.00 (8' HEIGHT) BOTTOM OF WALL: 772.00 (18' HEIGHT) TOP OF WALL: 790.00 BOTTOM OF WALL: 778.00 (12' HEIGHT) TOP OF WALL: 790.00 BOTTOM OF WALL: 774.00 (16' HEIGHT) / I 1 Copyright © 2022 Design Resource Group, PA This plan o drawi g and any accompa ying documents or calculations ere the property of D n Resource Group, PA; and ere intended solely for the use of the recipient noted. No third party use or modificetbn is permitted without written author¢efion d13 DESIGN RESOURCE L ROUP LANDSCAPE ARCH ITECTURE CIVIL ENGINEERING TRANSPORTATION PLANNING ®2459 Wilkinson Blvd, Ste 200 Charlotte, NC28208 704.343.0608 www.drgrp.sorn I— W 2 CC U Q Z_ ^ Z N I.< - o i 0 N0LU • > Z v I.V O - J H W v • moh J� CeH_ W U >o �CD o CD z W Q� Q U I— 0 J 0 L -STREAM IMPACT AVOIDANCE _ALTERNATIVE 30 SCALE: 1" = 60' 60� PROJECT #: 278-044 DRAWN By: MN CHECKED By: TN DATE REVISIONS: WD3.0 3 03 N LJ W tit Lai J a CC JN WR' U G C9 SAFETY ZONE m D _ > r ACCESS AND MAINTENANCE AND INVASIVE WOULD CREATE RESIDENTS, IN THE AREA. RETAINING WALL CENTER —LINE OF EXISTING STREAM 42" GUARDRAIL SAFETY ZONE 42" GUARDRAIL NOTE: 1. RETAINING WALL NECESSARY STREAM INCLUDING REMOVAL SPECIES. 2. REQUIRED HEIGHT POTENTIAL SAFETY PETS AS WELL AS xi m D o W > I- STREAM BUFFER LINE FOR STREAM BUFFER LINE EXISTING GRADE WOULD RESTRICT CLEANING OF TRASH OF WALL HAZARD FOR ANY WILD LIFE A SECTION A —A' GUESTS, SECTION A —A' OF STREAM IMPACT AVOIDANCE ALTERNATIVE VIEW NORTHWEST dr DESIGN RESOURCE ROUP LANDSCAPE ARCH ITECTURE CIVIL ENGINEERING TRANSPORTATION PLANNING 2459 Wilkinson Blvd, Ste 200 Charlotte, NC28208 704.343.0608 www.drg p.com HUNDERSVILLE, NORTH CAROLINA STREAM IMPACT AVOIDANCE ALTERNATIVE PROJECT #: 278-044 DRAWN BY: MH CHECKED BY: TH DATE REVISIONS: WD3.1 Copyright ©2022 Design Resource Group, PA This plan or drawing and any accompanying documents or calculations are the property of Design Resource Group, PA; and are intended solely for the use of the recipient noted. No third party use or modification is permitted without written authorization Jurisdictional Determination Information U.S. Army Corps of Engineers — Wilmington District - Regulatory Division REQUEST FOR JURISDICTIONAL DETERMINATION (JD) (For Jurisdictional Status and Identifying Wetlands and Other Aquatic Resources) I. PROPERTY AND CONTACT INFORMATION A. Site Details/Location: Site Name/Number: Old Statesville Road Apartments Request Date: 1/3/2022 County: Mecklenburg Acreage: 17.21 Latitude*: 35.4468 Longitude*:-80.8459 Parcel ID Number(PIN)#(s): 00544330, 00544331, 00544317, 00544318, 00544319 Property Address: 17225 Old Statesville Road City: Huntersville State: NC Zip Code: 28078 File number(s) of previous determinations associated with the site: *Coordinates must be provided in decimal degrees ONLY. B. Property Owner Information (if there are multiple property owners, complete an additional owner sheet) First Name: Shirley Last Name: Brown Company Name (if applicable): Address: 14411 Stumptown Road City: Huntersville State: NC Zip Code: 28078 Daytime Phone: Email: C. Requestor of Jurisdictional Determination/Delineation 0 Same as Property Owner First Name: Phil Last Name: Vetter Company Name (if applicable): Charter Properties Address: 1520 South Blvd, #215 City: Charlotte State: NC Zip Code: 28203 Phone: (704) 377-4172 Email: pave charterproperties.com D. Agent Acting on Behalf of the Requestor (must include an agent authorization signed by requestor): First Name: Heath Last Name: Caldwell Company Name (if applicable): Wetlands and Environmental Planning Group Address: 10612-D Providence Road City: Charlotte State: NC Zip Code: 28277 Phone: (704)999-5279 Email: heath.caldwellAwetlands-epg.com II. REASON FOR REQUEST Jurisdictional Determination Request for a Residential Developement III. TYPE OF REQUEST: (check all that apply) I —(Approved' Jurisdictional Determination (AJD) I—IPreliminary2Jurisdictional Determination (PJD) I-1 I am uncertain and request and require additional information to inform my decision Approved —An AJD is defined in Corps regulations at 33 CFR 331.2. As explained in further detail in RGL 16-01, an AJD is used to indicate that this office has identified the presence or absence of wetlands and/or other aquatic resources on a site, including their accurate location(s) and boundaries, as well as their jurisdictional status. AJDs are valid for 5 years. Preliminary — A PJD is defined in Corps regulations at 33 CFR 331.2. As explained in further detail in RGL 16-01, a PJD is used to indicate that this office has identified the approximate location(s) and boundaries of wetlands and/or other aquatic resources on a site that are presumed to be subject to regulatory jurisdiction of the Corps of Engineers. Unlike an AJD, a PJD does not represent a definitive, official determination that there are, or that there are not, jurisdictional aquatic resources on a site, and does not have an expiration date. 1 January 2020 IV. SUPPORTING INFORMATION (agents/environmental consultants only) — please list the number and date of all figures/maps/datasheets included in the delineation report — all sources must be properly cited on the figure/map. Delineation Map Figures (4/4/22) FEMA/FIRM Maps USGS TopoFigure4(2/7/22) USGS NHD NRCS Soils Survey Figures (2/7/22) USGS HUC USFWS NWI Navigable waters' study Aerial Imagery Figure 3 (2/7/22) Wetland Datasheet (data point labels) USACE Wetland Data FormA (4/4/22), USACE Wetland Data Form Upland DP1 (4/4/22) Photo Log Photos 1-6 (4/4/22, 11/3/22) Other sources: Vicinity Map (Figure 1, 2/7/22) ; Parcel Map (Figure 2, 2/7/22) ; DWR Stream Form B (4/4/22) V. AGENT/REQUESTOR CERTIFICATION (agent or requestor listed in Section 1 (C) or (D) of this request) By signing below, I certify that the information in this document and any attached documents is true and correct to the best of my knowledge. Heath Caldwell 1/3/2022 Signature Printed Name and Date VI. LEGAL RIGHT OF ENTRY (owner listed in Section 1(B) of this request - if there are multiple property owners, complete an additional owner sheet) By signing below, I authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) to enter upon the property herein described for the purpose of conducting on -site investigations, if necessary, and issuing a jurisdictional determination pursuant to Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. I, the undersigned, am a duly authorized owner of record or easement holder of the property identified herein or have other legal or statutory authority to allow right -of entry onto this property. Signature ASHEVILLE REGULATORY FIELD OFFICE US Army Corps of Engineers 151 Patton Avenue, Room 208 Asheville, North Carolina 28801-5006 General Number: (828) 271-7980 CHARLOTTE REGULATORY FIELD OFFICE Please use the Asheville Field Office phone contacts for the Charlotte Regulatory Field Office until further notice Add Aquatic Resource Table Printed Name and Date RALEIGH REGULATORY FIELD OFFICE US Army Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 General Number: (919) 554-4884 WILMINGTON REGULATORY FIELD OFFICE US Army Corps of Engineers 69 Darlington Avenue Wilmington, NC 28403 General Number: (910) 251-4633 Add Additional Owner Sheet WASHINGTON REGULATORY FIELD OFFICE US Army Corps of Engineers 2407 West Fifth Street Washington, NC 27889 General Number: (910) 251-4610 Add Agent Authorization Sheet Validate and Submit Principal Purpose: The information that you provide will be used in evaluating your request to determine whether there are any aquatic resources within the project area subject to federal jurisdiction under the regulatory authorities referenced above. Routine Uses: This information may be shared with the Department of Justice and other federal, state, and local government agencies, and the public, and may be made available as part of a public notice as required by federal law. Your name and property location where federal jurisdiction is to be determined will be included in the approved jurisdictional determination (AJD), which will be made available to the public on the District's website and on the Headquarters USAGE website. Disclosure: Submission of requested information is voluntary; however, if information is not provided, the request for a jurisdictional determination cannot be evaluated nor can a jurisdictional determination be issued. 2 January 2020 TABLE OF AQUATIC RESOURCES WITHIN REVIEW AREA Waters Name Latitude (decimal degrees) Longitude (decimal degrees) Quantity of resources in review area (number) Measurement Type Cowardin Code Geographic authority (i.e., 404 and/or 10) U.S. State Rapanos Waters Type (For AJDs only) Wetland A 35.4464 -80.8957 0.038 acre RP 404 NC Intermittent Stream B 35.4470 -80.8467 456 feet R4 404 NC Wetland C 35.4466 -80.8461 0.005 acre RP 404 NC Wetland D 35.4469 -80.8464 0.002 acre RP 404 NC PrincipalPurpose: The information that you provide will be used in evaluating your request to determine whether there are any aquatic resources within the project area subject to federal jurisdiction under the regulatory authorities referenced above. Routine Uses: This information may be shared with the Department of Justice and other federal, state, and local government agencies, and the public, and may be made available as part of a public notice as required by federal law. Your name and property location where federal jurisdiction is to be determined will be included in the approved jurisdictional determination (AJD), which will be made available to the public on the District's website and on the Headquarters USACE website. Disclosure: Submission of requested information is voluntary; however, if information is not provided, the request for a jurisdictional determination cannot be evaluated nor can a jurisdictional determination be issued. January 2020 U.S. Army Corps of Engineers — Wilmington District - Regulatory Division ADDITIONAL PROPERTY OWNER INFORMATION AND RIGHT OF ENTRY I. p$QM@IY,OWNER JNFORM flQ1 First Name: It - Last Name: VErr - Company Name: Ci1A R Pct 0PE42-1-1 65, IN c- Address: 6.2-o Sdu“H PA-vn f srE. 2ts City: G140.4t.LbSn1. State: Mc- Zip Code:L.3z-0; Phone: 104- bob - t%Os Email: PAv (PcaAp-cce-+-('tz-4 5 ., C.A.nn Property PIN #(s) 00s44;5 o , too s 443s t i o0 5443 11 / uo 544118 I D0SA4-3 t 9 II. LEG9L.RIGHIQE_ENI13Y By signing below, I authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) to enter upon the property herein described for the purpose of conducting on -site investigations, if necessary, and issuing a jurisdictional determination pursuant to Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. I, the undersigned, am a duly authorized owner of record of the property identified herein. 41:-e 0— Signatu Date it la.. / 2't— Principal Purpose: The information that you provide will be used in evaluating your request to determine whether there are any aquatic resources within the project area subject to federal jurisdiction under the regulatory authorities referenced above. Routine Uses: This information may be shared with the Department of Justice and other federal, state, and local govemment agencies, and the public, and may be made available as part of a public notice as required by federal law. Your name and property location where federal jurisdiction is to be determined will be included in the approved jurisdictional determination (AJD), which will be made available to the public on the District's website and on the Headquarters USACE website. Disclosure: Submission of requested information is voluntary; however, if information is not provided, the request for a jurisdictional determination cannot be evaluated nor can a jurisdictional determination be issued. January 2020 U.S. Army Corps of Engineers — Wilmington District - Regulatory Division ADDITIONAL PROPERTY OWNER INFORMATION AND RIGHT OF ENTRY I. pI OJERTY OWNER INFORMATION First Narne: John E Last Name: Littlefield Company Name: Caldwell Station LLC Address: 175 Davidson Hwv City: Concord State: NC Zip Code: 28027 Phone: 704-886-2029 Email: elittlefield@ddcllc.com Property PIN #(s) Parcel ID 00544330 Lega Desc L2 M 49-733 Address 17155 Old Statesville Rd Huntersville NC 28078 II. LEGAL RIGHT OF ENTRY By signing below, I authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) to enter upon the property herein described for the purpose of conducting on -site investigations, if necessary, and issuing a jurisdictional determination pursuant to Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. I, the undersigned, am a duly authorized owner of record of the property identified herein. 11/11/2022 Date Pr}ncipai Purpose, The information that you provide will be used in evaluating your request to determine whether there are any aquatic resources within the project area subject to federal jurisdiction under the regulatory authorities referenced above. Routine Uses This information may be shared with the Department of Justice and other federal, state, and local government agencies, and the public, and may be made available as part of a public notice as required by federal law. Your name and property location where federal jurisdiction is to be determined will be included in the approved jurisdictional determination (AJD), which will be made available to the public on the District's website and on the Headquarters USAGE website. Disclosure: Submission of requested information is voluntary; however, if information is not provided, the requestfor a jurisdictional determination cannot be evaluated nor can a jurisdictional determination be issued. January 2020 U.S, Army Corps of Engineers — Wilmington District - Regulatory Division ADDITIONAL PROPERTY OWNER INFORMATION AND RIGHT OF ENTRY PROPERTY OWNER INFORMATION First Name .1)(A 1jtd C it tSCR Company Name. Address Phone 1 Property PIN #(s) Last Name ell City State ip Code: Email- II. LEGAL RIGHT OF ENTRY By signing below, I authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) to enter upon the property herein described for the purpose of conducting on -site investigations, if necessary, and issuing a jurisdictional determination pursuant to Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. I, the undersigned, am a duly authorized owner of record of the property identified herein Li,/ 2- 2- Date Principal Purpose The information that you provide wig be used In evaluating your request to determine whether there are any aquatic resources wtthrn the project area subject to federal jurisdiction under the regulatory authonies referenced above Routine Uses This information may be shared with the Department of Justice and other federal, state and local government agencies, and the pubic, and may be made availab!e as part of a public notice as required by federal law Your name and property location where federal junsdiction is to be determined will be included in the approved jurisdictional detemunation (.LJD), which will be made available to the public on the Distrid's website and on the Headquarters USACE websrte Disclosure_ Submission of requested information is voluntary. however, if information is not provided, the request tor a jurisd ctional determination cannot be evaluated nor can a jurisdictional determination be issued January 2020 U.S. Army Corps of Engineers — Wilmington District - Regulatory Division ADDITIONAL PROPERTY OWNER INFORMATION AND RIGHT OF ENTRY I. PROPERTY OWNER INFORMATION First Name: Shirley Last Name: Brown Company Name: Address: 17303 and 17301 Old Statesville Road City: Huntersville State: NC Zip Code: 28078 Phone: 704.560.5608 Email: ioverc137@roadrunner.com Property PIN #(s) 00544318 and 00544319 II. LEGAL RIGHT OF ENTRY By signing below, I authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) to enter upon the property herein described for the purpose of conducting on -site investigations, if necessary, and issuing a jurisdictional determination pursuant to Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. I, the undersigned, am a duly authorized owner of record of the property identified herein. 6011/12/2022 Jun Overcash (Nov 12, 2022 20:46 EST) Signature Date Principal Purpose: The information that you provide will be used in evaluating your request to determine whether there are any aquatic resources within the project area subject to federal jurisdiction under the regulatory authorities referenced above. Routine Uses: This information may be shared with the Department of Justice and other federal, state, and local govemment agencies, and the public, and may be made available as part of a public notice as required by federal law. Your name and property location where federal jurisdiction is to be determined will be included in the approved jurisdictional determination (AJD), which will be made available to the public on the District's website and on the Headquarters USACE website. Disclosure: Submission of requested information is voluntary; however, if information is not provided, the request for a jurisdictional determination cannot be evaluated nor can a jurisdictional determination be issued. January 2020 U.S. Army Corps of Engineers — Wilmington District - Regulatory Division ADDITIONAL PROPERTY OWNER INFORMATION AND RIGHT OF ENTRY 1. PROPERTY OWNER INFORMATION First Name: Connie Company Name: Last Name: Heath Address: 17223 Old Statesville Road Phone: 910.262.8088 Property PIN #(s) 00544317 City: Huntersville State: NC Zip Code: 28078 Email: cwh0804550vahoo.com II. LEGAL RIGHT OF ENTRY By signing below, I authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) to enter upon the property herein described for the purpose of conducting on -site investigations, if necessary, and issuing a jurisdictional determination pursuant to Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. I, the undersigned, am a duly authorized owner of record of the property identified herein. C 11 /11 /2022 Connie Heath ov 112022 22:29 EST) Signature Date Principal Purpose: The information that you provide will be used in evaluating your request to determine whether there are any aquatic resources within the project area subject to federal jurisdiction under the regulatory authorities referenced above. Routine Uses: This information may be shared with the Department of Justice and other federal, state, and local govemment agencies, and the public, and may be made available as part of a public notice as required by federal law. Your name and property location where federal jurisdiction is to be determined will be included in the approved jurisdictional determination (AJD), which will be made available to the public on the District's website and on the Headquarters USACE website. Disclosure: Submission of requested information is voluntary; however, if information is not provided, the request for ajurisdictional determination cannot be evaluated nor can a jurisdictional determination be issued. January 2020 ii �_I • , t LEGEND El Project boundary study limits 1V Stream © Welland Landscape photo+direction r INTERMITTENT STREAM B —507 LF WETLAND C —0.005 AC Feet -mil WETLAND D —0.002 AC WETLAND A —0.038 AC zi PROPERTY BOUNDARY STUDY LIMITS USACE WETAND FORM D � � o `MiTi + , 't9e3Q1,'19 033,rb0RARID, ION, Fn°. 1,La r u]Gi r gm, .G _ -1 &11.) Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. len.rindner@wetlands-epg.com (704) 904-2277 www.wetlands-epg.com Prepared for: CHARTER PROPERTIES, INC OLD STATESVILLE ROAD APARTMENTS Mecklenburg Co., NC DELINEATION MAP For study purposes only - Subject to USACE/NCDEQ Verification Drawn By: NRN Reviewed By: ALL FIGURE 6 4/4/22 PHOTO 1 - VIEW INTERMITTENT STREAM B DATE/TIME 2022:04:04 - 12:21:00 COORDINATES: 35.4468, -80.8462 WEPG PHOTO 2 - VIEW INTERMITTENT STREAM B DATE/TIME 2022:04:04 - 12:41:00 COORDINATES: 35.4470, -80.8467 Old Statesville Road Apartments Mecklenburg Co., NC — 4/4/22 Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. PHOTO 3 - VIEW WETLAND A DATE/TIME 2022:04:04 - 12:15:00 COORDINATES: 35.4464, -80.8957 PHOTO 4 - VIEW WETLAND D DATE/TIME 2022:04:04 - 12:45:00 COORDINATES: 35.4469, -80.8464 WE PG Old Statesville Road Apartments Mecklenburg Co., NC — 4/4/22 Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. PHOTO 5 - VIEW INTERMITTENT STREAM B DATE/TIME 2022:11:03 - 08:40:00 COORDINATES: 35.4466, -80.8460 WE PG PHOTO 6 - VIEW INTERMITTENT STREAM B DATE/TIME 2022:11:03 - 08:45:00 COORDINATES: 35.4466, -80.8462 Old Statesville Road Apartments Mecklenburg Co., NC —11/3/22 Wetlands and Environmental Planning Group Leonard 5_ Rindner, PLLC. STREAM REACH EVALUATION FORM Date: 4/4/22 Evaluator: NRN/LSR Easting: -80.8464 Project: Old Statesville Road Apartments : Intermittent Stream B Northing: 35.4469 Total Points: Stream is at least intermittent if > 19 or perennial if > 30* (right -click the purple number and left -click Update Field to summarize points) 26.0 A. Geomorphology Absent Weak Moderate Strong SCORE la. Continuity of channel bed and bank 0 1 2 3 2 2. Sinuosity of channel along thalweg 0 1 2 3 1 3. In -channel structure: riffle- / step- pool sequence 0 1 2 3 1 4. Particle size of stream substrate 0 1 2 3 1 5. Active/relic floodplain 0 1 2 3 1 6. Depositional bars or benches 0 1 2 3 1 7. Recent alluvial deposits 0 1 2 3 2 8. Headcuts 0 1 2 3 0 9. Grade controls 0 0.5 1 1.5 1.5 10. Natural valley 0 0.5 1 1.5 1 11. Second or greater order channel No = 0 Yes = 3 0 Geomorphology Subtotal 11.5 a Man-made ditches are not rated: see discussion in NCDWQ Manual B. Hvdrolo 12. Presence of Baseflow 0 1 2 3 2 13. Iron Oxidizing Bacteria 0 1 2 3 1 14. Leaf litter 1.5 1 0.5 0 1.5 15. Sediment on plants or debris 0 0.5 1 1.5 1 16. Organic debris lines or piles (Wrack lines) 0 0.5 1 1.5 1 17. Soil -based Evidence of high water table? No = 0 Yes = 3 3 Hydrology Subtotal 9.5 C. Biolo 18. Fibrous roots in streambed 3 2 1 0 2 19. Rooted upland plants in streambed 3 2 1 0 3 20. Macrobenthos (note diversity and abundance) 0 1 2 3 0 21. Aquatic Mollusks 0 1 2 3 0 22. Fish 0 0.5 1 1.5 0 23. Crayfish 0 0.5 1 1.5 0 24. Amphibians 0 0.5 1 1.5 0 25. Algae 0 0.5 1 1.5 0 26. Wetland plants in streambed FACW= 0.75, OBL= 1.5, Other= 0 0 Biology Subtotal 5.0 * perennial streams may also be identified using other methods. See page 35 of NCDWQ manual. Notes: Adapted from Origins. NCDWQ: Methodology for Identification of Intermittent and Perennial Streams and their (version 4.11) U.S. Army Corps of Engineers WETLAND DETERMINATION DATA SHEET — Eastern Mountains and Piedmont Region See ERDC/EL TR-07-24; the proponent agency is CECW-CO-R OMB Control #: 0710-xxxx, Exp: Pending Requirement Control Symbol EXEMPT: (Authority: AR 335-15, paragraph 5-2a) Project/Site: Caldwell Station Applicant/Owner: Charter Properties Investigator(s): NRN City/County: Huntersville/Mecklenburg Sampling Date: 4/4/22 Landform (hillside, terrace, etc.): Valley Subregion (LRR or MLRA): LRR P, MLRA 136 Lat: 35.4464 Soil Map Unit Name: HeB: Helena sandy loam Section, Township, Range: State: NC Sampling Point: Wetland A Local relief (concave, convex, none): Concave Long: -80.8457 NWI classification: Slope (%): Datum: 2-8 Are climatic / hydrologic conditions on the site typical for this time of year? Yes No x (If no, explain in Remarks.) Are Vegetation , Soil , or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes No Are Vegetation , Soil , or Hydrology naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Hydric Soil Present? Wetland Hydrology Present? Yes x No Yes x No Yes x No Is the Sampled Area within a Wetland? Yes X No Remarks: Above average rainfall conditions. HYDROLOGY Wetland Hydrology Indicators: Primary Indicators (minimum of one is required; check all that apply) Secondary Indicators (minimum of two required) Surface Soil Cracks (B6) Surface (B8) (C9) _ x Surface Water (A1) Aquatic Plants (B14) Sparsely Vegetated Concave _True x High Water Table (A2) Hydrogen Sulfide Odor (C1) x Drainage Patterns (B10) _ x Saturation (A3) x Oxidized Rhizospheres on Living Roots (C3) Moss Trim Lines (B16) _ x Water Marks (B1) Presence of Reduced Iron (C4) Dry -Season Water Table (C2) _ _ Sediment Deposits (B2) Recent Iron Reduction in Tilled Soils (C6) Crayfish Burrows (C8) _ _ _ Drift Deposits (B3) Thin Muck Surface (C7) Saturation Visible on Aerial Imagery _ _ _ Algal Mat or Crust (B4) (Explain in Remarks) or Stressed Plants (D1) _Other _Stunted Iron Deposits (B5) Geomorphic Position (D2) _ _ Inundation Visible on Aerial Imagery (B7) Shallow Aquitard (D3) _ _ x Water -Stained Leaves (B9) Microtopographic Relief (D4) _ Aquatic Fauna (B13) x FAC-Neutral Test (D5) Field Observations: Surface Water Present? Yes x No Depth (inches): 1 Wetland Hydrology Present? Yes X No Water Table Present? Yes x No Depth (inches): 0 Saturation Present? Yes x No Depth (inches): 0 (includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont — Version 2.0 VEGETATION (Four Strata) - Use scientific names of plants. Sampling Point: Wetland A Tree Stratum (Plot size: 30' 1. Liquidambar styraciflua 2. Acer rubrum 3. Carpinus caroliniana 4. 5. 6. 7. Absolute % Cover Dominant Indicator Species? Status 35 Yes FAC 35 Yes FAC 25 Yes FAC 95 =Total Cover 50% of total cover: 48 20% of total cover: 19 Sapling/Shrub Stratum (Plot size: 15' ) 1. Liquidambar styraciflua 2. Acer rubrum 3. Carpinus caroliniana 4. Sambucus nigra 5. 6. 7. 8. 9. 10 10 10 10 Yes Yes Yes Yes 40 =Total Cover FAC FAC FAC FAC 50% of total cover: 20 20% of total cover: 8 Herb Stratum (Plot size: 5' ) 1. Juncus effusus 2. Microstegium vimineum 3. 4. 5. 6. 7. 8. 9. 10. Woody Vine Stratum 1. 2. 3. 4. 5. 45 30 Yes Yes 75 =Total Cover FACW FAC 50% of total cover: 38 20% of total cover: 15 (Plot size: 30' ) 50% of total cover: =Total Cover 20% of total cover: Dominance Test worksheet: Number of Dominant Species That Are OBL, FACW, or FAC: 9 (A) Total Number of Dominant Species Across All Strata: 9 (B) Percent of Dominant Species That Are OBL, FACW, or FAC: 100.0% (A/B) Prevalence Index worksheet: Total % Cover of: Multiply by: OBL species 0 x 1 = 0 FACW species 45 x 2 = 90 FAC species 165 x 3 = 495 FACU species 0 x 4 = 0 UPL species 0 x 5 = 0 Column Totals: 210 (A) 585 (B) Prevalence Index = B/A = 2.79 Hydrophytic Vegetation Indicators: 1 - Rapid Test for Hydrophytic Vegetation X 2 - Dominance Test is >50% X 3 - Prevalence Index is <_3.0' 4 - Morphological Adaptations' (Provide supporting data in Remarks or on a separate sheet) _ Problematic Hydrophytic Vegetation' (Explain) 'Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problematic. Definitions of Four Vegetation Strata: Tree - Woody plants, excluding vines, 3 in. (7.6 cm) or more in diameter at breast height (DBH), regardless of height. Sapling/Shrub - Woody plants, excluding vines, less than 3 in. DBH and greater than or equal to 3.28 ft (1 m) tall. Herb - All herbaceous (non -woody) plants, regardless of size, and woody plants less than 3.28 ft tall. Woody Vine - All woody vines greater than 3.28 ft in height. Hydrophytic Vegetation Present? Yes X No Remarks: (Include photo numbers here or on a separate sheet.) ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont - Version 2.0 SOIL Sampling Point: Wetland A Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color (moist) % Color (moist) % Type' Loc2 Texture 0-4 7.5YR 6/1 50 4-20 7.5YR 6/1 75 7.5YR 6/8 50 C PL/M 7.5YR 6/8 25 C PL/M 'Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains. Remarks Loamy/Clayey Prominent redox concentrations Loamy/Clayey Prominent redox concentrations 2Location: PL=Pore Lining, M=Matrix. Hydric Soil Indicators: Histosol (A1) Histic Epipedon (A2) Black Histic (A3) _ Hydrogen Sulfide (A4) Stratified Layers (A5) 2 cm Muck (A10) (LRR N) Depleted Below Dark Surface (A11) Thick Dark Surface (Al2) Sandy Mucky Mineral (S1) Sandy Gleyed Matrix (S4) Sandy Redox (S5) _ Stripped Matrix (S6) Dark Surface (S7) Polyvalue Below Surface (S8) (MLRA 147, 148) _Thin Dark Surface (S9) (MLRA 147, 148) Loamy Mucky Mineral (F1) (MLRA 136) _ Loamy Gleyed Matrix (F2) x Depleted Matrix (F3) _ Redox Dark Surface (F6) _ Depleted Dark Surface (F7) _ Redox Depressions (F8) Iron -Manganese Masses (F12) (LRR N, MLRA 136) Umbric Surface (F13) (MLRA 122, 136) Piedmont Floodplain Soils (F19) (MLRA 148) Red Parent Material (F21) (MLRA 127, 147, 148) Indicators for Problematic Hydric Soils3: 2 cm Muck (A10) (MLRA 147) Coast Prairie Redox (A16) (MLRA 147, 148) Piedmont Floodplain Soils (F19) (MLRA 136, 147) _ Red Parent Material (F21) (outside MLRA 127, 147, 148) _Very Shallow Dark Surface (F22) Other (Explain in Remarks) 3lndicators of hydrophytic vegetation and wetland hydrology must be present, unless disturbed or problematic. Restrictive Layer (if observed): Type: Depth (inches): Hydric Soil Present? Yes x No Remarks: ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont — Version 2.0 U.S. Army Corps of Engineers WETLAND DETERMINATION DATA SHEET — Eastern Mountains and Piedmont Region See ERDC/EL TR-07-24; the proponent agency is CECW-CO-R OMB Control #: 0710-xxxx, Exp: Pending Requirement Control Symbol EXEMPT: (Authority: AR 335-15, paragraph 5-2a) Project/Site: Old Statesville Road Apartments Applicant/Owner: Charter Properties Investigator(s): NRN Landform (hillside, terrace, etc.): Valley Subregion (LRR or MLRA): LRR P, MLRA 136 Lat: 35.4463 Soil Map Unit Name: HeB: Helena sandy loam City/County: Huntersville/Mecklenburg Sampling Date: 4/4/22 Section, Township, Range: State: NC Sampling Point: Upland DP1 Local relief (concave, convex, none): Concave Long: -80.8458 NWI classification: Slope (%): Datum: 2-8 Are climatic / hydrologic conditions on the site typical for this time of year? Yes No x (If no, explain in Remarks.) Are Vegetation , Soil , or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes No Are Vegetation , Soil , or Hydrology naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes No x Hydric Soil Present? Yes No x Wetland Hydrology Present? Yes No x Is the Sampled Area within a Wetland? Yes No x Remarks: Above average rainfall conditions. HYDROLOGY Wetland Hydrology Indicators: Primary Indicators (minimum of one is required; check all that apply) Secondary Indicators (minimum of two required) Surface Soil Cracks (B6) (B8) (C9) _ Water (A1) Aquatic Plants (B14) Sparsely Vegetated Concave Surface _Surface _True High Water Table (A2) Hydrogen Sulfide Odor (C1) Drainage Patterns (B10) _ _ _ Saturation (A3) Oxidized Rhizospheres on Living Roots (C3) Moss Trim Lines (B16) _ _ _ Water Marks (B1) Presence of Reduced Iron (C4) Dry -Season Water Table (C2) _ _ _ Sediment Deposits (B2) Recent Iron Reduction in Tilled Soils (C6) Crayfish Burrows (C8) _ _ _ Drift Deposits (B3) Thin Muck Surface (C7) Saturation Visible on Aerial Imagery _ _ _ Algal Mat or Crust (B4) (Explain in Remarks) or Stressed Plants (D1) _Other _Stunted Iron Deposits (B5) Geomorphic Position (D2) _ _ Inundation Visible on Aerial Imagery (B7) Shallow Aquitard (D3) _ _ Water -Stained Leaves (B9) Microtopographic Relief (D4) _ _ Aquatic Fauna (B13) FAC-Neutral Test (D5) Field Observations: Surface Water Present? Yes No x Depth (inches): Wetland Hydrology Present? Yes No X Water Table Present? Yes No x Depth (inches): Saturation Present? Yes No x Depth (inches): (includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont — Version 2.0 VEGETATION (Four Strata) - Use scientific names of plants. Sampling Point: Upland DP1 Tree Stratum (Plot size: 30' 1. Liriodendron tulipifera 2. Acer rubrum 3. Liquidambar styraciflua 4. 5. 6. 7. Absolute % Cover Dominant Indicator Species? Status 30 Yes FACU 30 Yes FAC 30 Yes FAC 90 =Total Cover 50% of total cover: 45 20% of total cover: 18 Sapling/Shrub Stratum (Plot size: 15' ) 1. Asimina triloba 2. Ligustrum sinense 3. 4. 5. 6. 7. 8. 9. 10 35 Yes Yes 45 =Total Cover FAC FACU 50% of total cover: 23 20% of total cover: 9 Herb Stratum (Plot size: 5' ) 1. Allium vineale 2. 3. 4. 5. 6. 7. 8. 9. 10. 25 Yes 25 =Total Cover FACU 50% of total cover: 13 20% of total cover: 5 Woody Vine Stratum (Plot size: 30' ) 1. Lonicera japonica 2. 3. 4. 5. 75 Yes 75 =Total Cover FACU 50% of total cover: 38 20% of total cover: 15 Dominance Test worksheet: Number of Dominant Species That Are OBL, FACW, or FAC: 3 (A) Total Number of Dominant Species Across All Strata: 7 (B) Percent of Dominant Species That Are OBL, FACW, or FAC: 42.9% (A/B) Prevalence Index worksheet: Total % Cover of: Multiply by: OBL species 0 x 1 = 0 FACW species 0 x 2 = 0 FAC species 70 x 3 = 210 FACU species 165 x 4 = 660 UPL species 0 x 5 = 0 Column Totals: 235 (A) 870 (B) Prevalence Index = B/A = 3.70 Hydrophytic Vegetation Indicators: 1 - Rapid Test for Hydrophytic Vegetation 2 - Dominance Test is >50% 3 - Prevalence Index is <_3.0' 4 - Morphological Adaptations' (Provide supporting data in Remarks or on a separate sheet) _ Problematic Hydrophytic Vegetation' (Explain) 'Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problematic. Definitions of Four Vegetation Strata: Tree - Woody plants, excluding vines, 3 in. (7.6 cm) or more in diameter at breast height (DBH), regardless of height. Sapling/Shrub - Woody plants, excluding vines, less than 3 in. DBH and greater than or equal to 3.28 ft (1 m) tall. Herb - All herbaceous (non -woody) plants, regardless of size, and woody plants less than 3.28 ft tall. Woody Vine - All woody vines greater than 3.28 ft in height. Hydrophytic Vegetation Present? Yes No X Remarks: (Include photo numbers here or on a separate sheet.) ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont - Version 2.0 SOIL Sampling Point: Upland DP1 Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color (moist) % Color (moist) % Type' Loc2 Texture 0-4 10YR 4/3 100 4-20 10YR 6/8 100 'Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains. Loamy/Clayey Loamy/Clayey Remarks 2Location: PL=Pore Lining, M=Matrix. Hydric Soil Indicators: Histosol (A1) Histic Epipedon (A2) Black Histic (A3) _ Hydrogen Sulfide (A4) Stratified Layers (A5) 2 cm Muck (A10) (LRR N) Depleted Below Dark Surface (A11) Thick Dark Surface (Al2) Sandy Mucky Mineral (S1) Sandy Gleyed Matrix (S4) Sandy Redox (S5) _ Stripped Matrix (S6) Dark Surface (S7) Polyvalue Below Surface (S8) (MLRA 147, 148) _Thin Dark Surface (S9) (MLRA 147, 148) Loamy Mucky Mineral (F1) (MLRA 136) _ Loamy Gleyed Matrix (F2) _ Depleted Matrix (F3) _ Redox Dark Surface (F6) _ Depleted Dark Surface (F7) _ Redox Depressions (F8) Iron -Manganese Masses (F12) (LRR N, MLRA 136) Umbric Surface (F13) (MLRA 122, 136) Piedmont Floodplain Soils (F19) (MLRA 148) Red Parent Material (F21) (MLRA 127, 147, 148) Indicators for Problematic Hydric Soils3: 2 cm Muck (A10) (MLRA 147) _ Coast Prairie Redox (A16) (MLRA 147, 148) Piedmont Floodplain Soils (F19) (MLRA 136, 147) _ Red Parent Material (F21) (outside MLRA 127, 147, 148) _Very Shallow Dark Surface (F22) Other (Explain in Remarks) 3lndicators of hydrophytic vegetation and wetland hydrology must be present, unless disturbed or problematic. Restrictive Layer (if observed): Type: Depth (inches): Hydric Soil Present? Yes No X Remarks: ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont — Version 2.0 Antecedent Precipitation vs Normal Range based on NOAA's Daily Global Historical Climatology Network N U c Oct 2021 Coordinates 35.4468, -80.8459 Observation Date 2022-04-04 Elevation (ft) 785.54 Drought Index (PDSI) Moderate drought WebWIMP H2O Balance Wet Season Figure and tables made by the Antecedent Precipitation Tool Version 1.0 Written by Jason Deters U.S. Army Corps of Engineers 4104 AA Ili r6_ iir Jan 2022 2022-03-05 2-02-03 f‘V.V - A.1\/ ri, . [it ril ,, II Feb 2022 Mar 2022 2022-04-04 Apr 2022 n _ nri, inn May 2022 kdo‘ ,i-vn fl Jun 2022 fl - Daily Total - 30-Day Rolling Total 30-Year Normal Range ir -1W IF - ul 2022 Aug 2022 ..n Product 30 Days Ending 30th %ile (in) 70th %ile (in) Observed (in) Wetness Condition Condition Value Month Weight g 2022-04-04 1.969291 4.240945 5.232284 Wet 3 3 2022-03-05 2.609843 4.21378 2.145669 Dry 1 2 1 2022-02-03 2.536417 3.699606 1.980315 Dry 1 1 Weather Station Name Coordinates Elevation (ft) Distance (mi) Elevation A Weighted L Days (Normal) r}iaRatifidAIZ et2n MT HOLLY 4 NE 35.3339, -80.9867 609.908 11.124 175.632 6.96 10846 86 HUNTERSVILLE 0.6 ESE 35.4138, -80.8351 768.045 2.36 17.495 1.103 82 0 HUNTERSVILLE 0.7 SSE 35.4063, -80.8404 811.024 2.815 25.484 1.339 0 2 HUNTERSVILLE 2.0 W 35.4177, -80.8801 748.032 2.784 37.508 1.357 35 2 CORNELIUS 1.4 W 35.4806, -80.8939 806.102 3.571 20.562 1.68 9 0 DAVIDSON 0.8 W 35.4993, -80.86 800.853 3.713 15.313 1.728 11 0 DAVIDSON 3.4 ESE 35.4745, -80.7946 680.118 3.464 105.422 1.924 2 0 DAVIDSON 0.8 W 35.4993, -80.8601 716.864 3.714 68.676 1.927 9 0 MOORESVILLE 3.5 SSE 35.5322, -80.7875 731.955 6.754 53.585 3.401 15 0 CONCORD 9.4 W 35.4315, -80.7419 655.84 5.949 129.7 3.449 37 0 WESTPORT 1.8 S 35.4814, -80.9728 808.071 7.531 22.531 3.559 11 0 MOORESVILLE 1.9 SSE 35.5531, -80.801 824.147 7.767 38.607 3.795 147 0 ENOCHVILLE 3.8 W 35.5249, -80.7332 714.895 8.326 70.645 4.335 16 0 MOUNT HOLLY 4.4 ENE 35.3302, -80.96 729.003 10.306 56.537 5.22 93 0 MOUNT HOLLY 4.8 E 35.3073, -80.9469 674.869 11.193 110.671 6.275 1 0 NCSAM NC SAM FIELD ASSESSMENT RESULTS Accompanies User Manual Version 2.1 USACE AID #: NCDWR #: INSTRUCTIONS: Attach a sketch of the assessment area and photographs. Attach a copy of the USGS 7.5-minute topographic quadrangle, and circle the location of the stream reach under evaluation. If multiple stream reaches will be evaluated on the same property, identify and number all reaches on the attached map, and include a separate form for each reach. See the NC SAM User Manual for detailed descriptions and explanations of requested information. Record in the "Notes/Sketch" section if supplementary measurements were performed. See the NC SAM User Manual for examples of additional measurements that may be relevant. NOTE EVIDENCE OF STRESSORS AFFECTING THE ASSESSMENT AREA (do not need to be within the assessment area). PROJECT/SITE INFORMATION: 1. Project name (if any): Old Statesville Road Apartments 2. Date of evaluation: 11/3/2022 3. Applicant/owner name: Charter Properties 4. Assessor name/organization: H.Caldwell/WEPG 5. County: Mecklenburg 6. Nearest named water body 7. River basin: Catawba on USGS 7.5-minute quad: Caldwell Station Creek 8. Site coordinates (decimal degrees, at lower end of assessment reach): 35.44659N/-80.846087W STREAM INFORMATION: (depth and width can be approximations) 9. Site number (show on attached map): Stream B 10. Length of assessment reach evaluated (feet): 200 11. Channel depth from bed (in riffle, if present) to top of bank (feet): 4.5 ❑Unable to assess channel depth. 12. Channel width at top of bank (feet): 7 13. Is assessment reach a swamp steam? ❑Yes No 14. Feature type: ®Perennial flow Intermittent flow ❑Tidal Marsh Stream STREAM CATEGORY INFORMATION: 15. NC SAM Zone: ❑ Mountains (M) ® Piedmont (P) ❑ Inner Coastal Plain (I) 16. Estimated geomorphic ®A ❑B valley shape (skip for Tidal Marsh Stream): (more sinuous stream, flatter valley slope) (less sinuous stream, steeper valley slope) 17. Watershed size: (skip ®Size 1 (< 0.1 mi2) Size 2 (0.1 to < 0.5 mi2) Size 3 (0.5 to < 5 mi2) Size 4 (>_ 5 mi2) for Tidal Marsh Stream) ADDITIONAL INFORMATION: 18. Were regulatory considerations evaluated? ®Yes No If Yes, check all that apply to the assessment area. ❑ Outer Coastal Plain (0) ▪ Section 10 water ❑ Essential Fish Habitat ❑ Publicly owned property ❑ Classified Trout Waters ▪ Primary Nursery Area ❑ NCDWR Riparian buffer rule in effect ❑ Water Supply Watershed (01 Oil ❑III ❑IV ❑V) ❑ High Quality Waters/Outstanding Resource Waters ❑ Nutrient Sensitive Waters ❑ Anadromous fish 0303(d) List ❑CAMA Area of Environmental Concern (AEC) ❑ Documented presence of a federal and/or state listed protected species within the assessment area. List species: ❑ Designated Critical Habitat (list species) 19. Are additional stream information/supplementary measurements included in "Notes/Sketch" section or attached? ®Yes ❑No 1. Channel Water - assessment reach metric (skip for Size 1 streams and Tidal Marsh Streams) ®A Water throughout assessment reach. ❑ B No flow, water in pools only. ❑ C No water in assessment reach. 2. Evidence of Flow Restriction - assessment reach metric ❑ A At least 10% of assessment reach in -stream habitat or riffle -pool sequence is severely affected by a flow restriction or fill to the point of obstructing flow or a channel choked with aquatic macrophytes or ponded water or impoundment on flood or ebb within the assessment reach (examples: undersized or perched culverts, causeways that constrict the channel, tidal gates, debris jams, beaver dams). ®B NotA 3. Feature Pattern - assessment reach metric ®A A majority of the assessment reach has altered pattern (examples: straightening, modification above or below culvert). ❑ B NotA 4. Feature Longitudinal Profile - assessment reach metric ®A Majority of assessment reach has a substantially altered stream profile (examples: channel down -cutting, existing damming, over widening, active aggradation, dredging, and excavation where appropriate channel profile has not reformed from any of these disturbances). ❑ B NotA 5. Signs of Active Instability - assessment reach metric Consider only current instability, not past events from which the stream has currently recovered. Examples of instability include active bank failure, active channel down -cutting (head -cut), active widening, and artificial hardening (such as concrete, gabion, rip -rap). ❑ A < 10% of channel unstable ❑ B 10 to 25% of channel unstable ®C > 25% of channel unstable 6. Streamside Area Interaction — streamside area metric Consider for the Left Bank (LB) and the Right Bank (RB). LB RB ❑ A ❑A Little or no evidence of conditions that adversely affect reference interaction ®B ®B Moderate evidence of conditions (examples: berms, levees, down -cutting, aggradation, dredging) that adversely affect reference interaction (examples: limited streamside area access, disruption of flood flows through streamside area, leaky or intermittent bulkheads, causeways with floodplain constriction, minor ditching [including mosquito ditching]) ❑ C ❑C Extensive evidence of conditions that adversely affect reference interaction (little to no floodplain/intertidal zone access [examples: causeways with floodplain and channel constriction, bulkheads, retaining walls, fill, stream incision, disruption of flood flows through streamside area] or too much floodplain/intertidal zone access [examples: impoundments, intensive mosquito ditching]) or floodplain/intertidal zone unnaturally absent or assessment reach is a man-made feature on an interstream divide 7. Water Quality Stressors — assessment reach/intertidal zone metric Check all that apply. ❑ A Discolored water in stream or intertidal zone (milky white, blue, unnatural water discoloration, oil sheen, stream foam) ❑ B Excessive sedimentation (burying of stream features or intertidal zone) ❑ C Noticeable evidence of pollutant discharges entering the assessment reach and causing a water quality problem ❑ D Odor (not including natural sulfide odors) ❑ E Current published or collected data indicating degraded water quality in the assessment reach. Cite source in "Notes/Sketch" section. ❑ F Livestock with access to stream or intertidal zone ❑ G Excessive algae in stream or intertidal zone ❑ H Degraded marsh vegetation in the intertidal zone (removal, burning, regular mowing, destruction, etc) ®I Other: (explain in "Notes/Sketch" section) ❑ J Little to no stressors 8. Recent Weather — watershed metric (skip for Tidal Marsh Streams) For Size 1 or 2 streams, D1 drought or higher is considered a drought; for Size 3 or 4 streams, D2 drought or higher is considered a drought. ❑ A Drought conditions and no rainfall or rainfall not exceeding 1 inch within the last 48 hours ❑ B Drought conditions and rainfall exceeding 1 inch within the last 48 hours ®C No drought conditions 9. Large or Dangerous Stream — assessment reach metric ❑ Yes No Is stream is too large or dangerous to assess? If Yes, skip to Metric 13 (Streamside Area Ground Surface Condition). 10. Natural In -stream Habitat Types — assessment reach metric 10a. ❑Yes No Degraded in -stream habitat over majority of the assessment reach (examples of stressors include excessive sedimentation, mining, excavation, in -stream hardening [for example, rip -rap], recent dredging, and snagging) (evaluate for Size 4 Coastal Plain streams only, then skip to Metric 12) 10b. Check all that occur (occurs if > 5% coverage of assessment ❑A Multiple aquatic macrophytes and aquatic mosses (include liverworts, lichens, and algal mats) ®B Multiple sticks and/or leaf packs and/or emergent vegetation ❑ C Multiple snags and logs (including lap trees) ®D 5% undercut banks and/or root mats and/or roots in banks extend to the normal wetted perimeter ❑ E Little or no habitat reach) (skip for Size 4 Coastal Plain streams) ❑ F 5% oysters or other natural hard bottoms ❑ G Submerged aquatic vegetation ❑ H Low -tide refugia (pools) ❑ 1 Sand bottom ❑ J 5% vertical bank along the marsh ❑ K Little or no habitat *********************************REMAINING QUESTIONS ARE NOT APPLICABLE FOR TIDAL MARSH STREAMS**************************** 11. Bedform and Substrate — assessment reach metric (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams) 11a. ❑Yes No Is assessment reach in a natural sand -bed stream? (skip for Coastal Plain streams) 11 b. Bedform evaluated. Check the appropriate box(es). ®A Riffle -run section (evaluate 11c) ❑ B Pool -glide section (evaluate 11d) ❑ C Natural bedform absent (skip to Metric 12, Aquatic Life) 11 c. In riffle sections, check all that occur below the normal wetted perimeter of the assessment reach — whether or not submerged. Check at least one box in each row (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams). Not Present (NP) = absent, Rare (R) = present but < 10%, Common (C) = > 10-40%, Abundant (A) = > 40-70%, Predominant (P) = > 70%. Cumulative percentages should not exceed 100% for each assessment reach. NP R C A P ® ❑ ❑ ❑ ❑ Bedrock/saprolite ® ❑ ❑ ❑ ❑ Boulder (256 — 4096 mm) ❑ ® ❑ ❑ ❑ Cobble (64 — 256 mm) ❑ ❑ ® ❑ ❑ Gravel (2 — 64 mm) ❑ ❑ ® ❑ ❑ Sand (.062 — 2 mm) ❑ ❑ ® ❑ ❑ Silt/clay (< 0.062 mm) ❑ ® ❑ ❑ ❑ Detritus ❑ ❑ ❑ ® ❑ Artificial (rip -rap, concrete, etc.) 11d. Yes No Are pools filled with sediment? (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams) 12. Aquatic Life — assessment reach metric (skip for Tidal Marsh Streams) 12a. ®Yes No Was an in -stream aquatic life assessment performed as described in the User Manual? If No, select one of the following reasons and skip to Metric 13. No Water ❑Other: 12b. ®Yes No Are aquatic organisms present in the assessment reach (look in riffles, pools, then snags)? If Yes, check all that apply. If No, skip to Metric 13. 1 >1 Numbers over columns refer to "individuals" for Size 1 and 2 streams and "taxa" for Size 3 and 4 streams. • ❑Adult frogs ❑ ❑Aquatic reptiles ❑ Aquatic macrophytes and aquatic mosses (include liverworts, lichens, and algal mats) ❑ ❑Beetles ❑ ❑Caddisfly larvae (T) ❑ ❑Asian clam (Corbicula) ❑ ®Crustacean (isopod/amphipod/crayfish/shrimp) ❑ ❑Damselfly and dragonfly larvae ❑ ❑Dipterans ❑ ❑Mayfly larvae (E) ❑ ❑Megaloptera (alderfly, fishfly, dobsonfly larvae) ❑ ®Midges/mosquito larvae ❑ Mosquito fish (Gambusia) or mud minnows (Umbra pygmaea) ❑ ❑Mussels/Clams (not Corbicula) ❑ ❑Other fish ❑ ❑Salamanders/tadpoles • ❑Snails ❑ ❑Stonefly larvae (P) ❑ ❑Tipulid larvae • ❑Worms/leeches 13. Streamside Area Ground Surface Condition — streamside area metric (skip for Tidal Marsh Streams and B valley types) Consider for the Left Bank (LB) and the Right Bank (RB). Consider storage capacity with regard to both overbank flow and upland runoff. LB RB ❑ A ❑A Little or no alteration to water storage capacity over a majority of the streamside area ®B ®B Moderate alteration to water storage capacity over a majority of the streamside area ❑ C ❑C Severe alteration to water storage capacity over a majority of the streamside area (examples: ditches, fill, soil compaction, livestock disturbance, buildings, man-made levees, drainage pipes) 14. Streamside Area Water Storage — streamside area metric (skip for Size 1 streams, Tidal Marsh Streams, and B valley types) Consider for the Left Bank (LB) and the Right Bank (RB) of the streamside area. LB RB ❑ A ❑A Majority of streamside area with depressions able to pond water >_ 6 inches deep ❑ B ❑B Majority of streamside area with depressions able to pond water 3 to 6 inches deep ®C ®C Majority of streamside area with depressions able to pond water < 3 inches deep 15. Wetland Presence — streamside area metric (skip for Tidal Marsh Streams) Consider for the Left Bank (LB) and the Right Bank (RB). Do not consider wetlands outside of the streamside area or within the normal wetted perimeter of assessment reach. LB RB ®Y ❑Y Are wetlands present in the streamside area? ❑ N ®N 16. Baseflow Contributors — assessment reach metric (skip for Size 4 streams and Tidal Marsh Streams) Check all contributors within the assessment reach or within view of and draining to the assessment reach. ❑ A Streams and/or springs (jurisdictional discharges) ®B Ponds (include wet detention basins; do not include sediment basins or dry detention basins) ❑ C Obstruction passing flow during low -flow periods within the assessment area (beaver dam, leaky dam, bottom -release dam, weir) ❑ D Evidence of bank seepage or sweating (iron in water indicates seepage) ®E Stream bed or bank soil reduced (dig through deposited sediment if present) ❑ F None of the above 17. Baseflow Detractors — assessment area metric (skip for Tidal Marsh Streams) Check all that apply. ❑ A Evidence of substantial water withdrawals from the assessment reach (includes areas excavated for pump installation) ❑ B Obstruction not passing flow during low -flow periods affecting the assessment reach (ex: watertight dam, sediment deposit) ®C Urban stream (>_ 24% impervious surface for watershed) ❑ D Evidence that the streamside area has been modified resulting in accelerated drainage into the assessment reach ❑ E Assessment reach relocated to valley edge ❑ F None of the above 18. Shading — assessment reach metric (skip for Tidal Marsh Streams) Consider aspect. Consider "leaf -on" condition. ®A Stream shading is appropriate for stream category (may include gaps associated with natural processes) ❑ B Degraded (example: scattered trees) ❑ C Stream shading is gone or largely absent 19. Buffer Width — streamside area metric (skip for Tidal Marsh Streams) Consider "vegetated buffer" and "wooded buffer" separately for left bank (LB) and right bank (RB) starting at the top of bank out to the first break. Vegetated Wooded LB RB LB RB ®A ®A ❑A ®A >_ 100 feet wide or extends to the edge of the watershed ❑ B ❑B ❑B ❑B From 50 to < 100 feet wide ❑ C ❑C ®C ❑C From 30 to < 50 feet wide ❑ D ❑D ❑D ❑D From 10 to < 30 feet wide ❑ E ❑E ❑E ❑E < 10 feet wide or no trees 20. Buffer Structure Consider for left LB RB ❑ A ❑A ®B ®B ❑ C ❑C ❑ D ❑D ❑ E ❑E — streamside area metric (skip for Tidal Marsh Streams) bank (LB) and right bank (RB) for Metric 19 ("Vegetated" Buffer Width). Mature forest Non -mature woody vegetation or modified vegetation structure Herbaceous vegetation with or without a strip of trees < 10 feet wide Maintained shrubs Little or no vegetation 21. Buffer Stressors — streamside area metric (skip for Tidal Marsh Streams) Check all appropriate boxes for left bank (LB) and right bank (RB). Indicate if listed stressor abuts stream (Abuts), does not abut but is within 30 feet of stream (< 30 feet), or is between 30 to 50 feet of stream (30-50 feet). If none of the following stressors occurs on either bank, check here and skip to Metric 22: Abuts < 30 feet LB RB LB RB ❑ A ❑A ❑A ❑A ❑ B ❑B ❑B ❑B ❑ C ❑C ❑C ❑C ❑ D ❑D ❑D ❑D 30-50 feet LB RB ❑ A ❑A ❑ B ❑B ❑ C ❑C ❑ D ❑D Row crops Maintained turf Pasture (no livestock)/commercial horticulture Pasture (active livestock use) 22. Stem Density — streamside area metric (skip for Tidal Marsh Streams) Consider for left bank (LB) and right bank (RB) for Metric 19 ("Wooded" Buffer Width). LB RB ®A ®A Medium to high stem density ❑ B ❑B Low stem density ❑ C ❑C No wooded riparian buffer or predominantly herbaceous species or bare ground 23. Continuity of Vegetated Buffer — streamside area metric (skip for Tidal Marsh Streams) Consider whether vegetated buffer is continuous along stream (parallel). Breaks are areas lacking vegetation > 10 feet wide. LB RB ❑ A ®B ❑ C ®A ❑ B ❑ C The total length of buffer breaks is < 25 percent. The total length of buffer breaks is between 25 and 50 percent. The total length of buffer breaks is > 50 percent. 24. Vegetative Composition — streamside area metric (skip for Tidal Marsh Streams) Evaluate the dominant vegetation within 100 feet of each bank or to the edge of the watershed (whichever comes first) as it contributes to assessment reach habitat. LB RB ❑ A ❑A Vegetation is close to undisturbed in species present and their proportions. Lower strata composed of native species, with non-native invasive species absent or sparse. ®B ®B Vegetation indicates disturbance in terms of species diversity or proportions, but is still largely composed of native species. This may include communities of weedy native species that develop after clear -cutting or clearing or communities with non-native invasive species present, but not dominant, over a large portion of the expected strata or communities missing understory but retaining canopy trees. ❑ C ❑C Vegetation is severely disturbed in terms of species diversity or proportions. Mature canopy is absent or communities with non-native invasive species dominant over a large portion of expected strata or communities composed of planted stands of non -characteristic species or communities inappropriately composed of a single species or no vegetation. 25. Conductivity — assessment reach metric (skip for all Coastal Plain streams) 25a. ❑Yes No Was conductivity measurement recorded? If No, select one of the following reasons. No Water ®Other: 25b. Check the box corresponding to the conductivity measurement (units of microsiemens per centimeter). ❑A < 46 ❑B 46 to < 67 ❑C 67 to < 79 ❑D 79 to < 230 ❑E >_ 230 Notes/Sketch: Dominant urban setting with historic alteration of stream and surrounding riparian area. Adjacent, historic SCMs and very incised stream profile. Draft NC SAM Stream Rating Sheet Accompanies User Manual Version 2.1 Stream Site Name Old Statesville Road Apartments Date of Assessment 11/3/2022 Stream Category Pal Assessor Name/Organization H.Caldwell/WEPG Notes of Field Assessment Form (Y/N) YES Presence of regulatory considerations (Y/N) NO Additional stream information/supplementary measurements included (Y/N) YES NC SAM feature type (perennial, intermittent, Tidal Marsh Stream) Perennial USACE/ NCDWR Function Class Rating Summary All Streams Intermittent (1) Hydrology MEDIUM (2) Baseflow MEDIUM (2) Flood Flow MEDIUM (3) Streamside Area Attenuation HIGH (4) Floodplain Access MEDIUM (4) Wooded Riparian Buffer HIGH (4) Microtopography MEDIUM (3) Stream Stability LOW (4) Channel Stability LOW (4) Sediment Transport MEDIUM (4) Stream Geomorphology LOW (2) Stream/Intertidal Zone Interaction NA (2) Longitudinal Tidal Flow NA (2) Tidal Marsh Stream Stability NA (3) Tidal Marsh Channel Stability NA (3) Tidal Marsh Stream Geomorphology NA (1) Water Quality LOW (2) Baseflow MEDIUM (2) Streamside Area Vegetation HIGH (3) Upland Pollutant Filtration HIGH (3) Thermoregulation HIGH (2) Indicators of Stressors YES (2) Aquatic Life Tolerance LOW (2) Intertidal Zone Filtration NA (1) Habitat LOW (2) In -stream Habitat LOW (3) Baseflow MEDIUM (3) Substrate LOW (3) Stream Stability LOW (3) In -stream Habitat MEDIUM (2) Stream -side Habitat HIGH (3) Stream -side Habitat HIGH (3) Thermoregulation HIGH (2) Tidal Marsh In -stream Habitat NA (3) Flow Restriction NA (3) Tidal Marsh Stream Stability NA (4) Tidal Marsh Channel Stability NA (4) Tidal Marsh Stream Geomorphology NA (3) Tidal Marsh In -stream Habitat NA (2) Intertidal Zone NA Overall LOW Threatened & Endangered Species Report a--+ L O Q cc v) a) u a) Q cn 75 aV s_ aV 01 C (11 75 C w 06 75 aV C aV "ICES' s_ H WEPG Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. Threatened / Endangered / Protected Species Evaluation For: Old Statesville Road Apartments Mecklenburg County, North Carolina By: Lisa R. Gaffney, Biologist Field investigation on September 28, 2022 Charlotte Office: 106 12-D Providence Rd. PMB 550 Charlotte, NC 28277 (704) 904-2277 I en. ri nd ner@wet Ian ds -epg. ca m Asheville Office: 1070 Tunnel Rd., Bldg. I Suite 10, PMB 283 Asheville, NC 28805 Old Statesville Road Apartments - Threatened / Endangered / Protected Species Evaluation GENERAL LANDSCAPE DESCRIPTION: The Old Statesville Road Apartments site (+/- 17.21 acres) is located just west of Hwy 115, and just north of Hwy 73, in Charlotte, Mecklenburg County, North Carolina. The site can be found on the Cornelius USGS Topographic Quadrangle Map; latitude is 35.4468 °N, longitude is -80.8459 °W. The elevation is approximately 770-810 ft. The site is primarily covered by single family residences and lawns along Hwy 115 with disturbed wooded slopes to the rear of the site adjacent to a power line right of way. (Figures 1-4). Figure 1: USGS MAP CALDWELL STATION CREEK LOCATION Lat: 35,4168 °N Long: 80.8459 °W H U C: 03050101 CATAWBA VVEPG#01085 USGS QUAD Cornelius, NC 1993 Prepared For: CHARTER PROPERTIES SCALE 1:24,000 PROPfRTV BOUNDARY STUDY OMITS 17.21 a/- AC ■ if �+ ■ ,1 frirsrli - r OLD STATESVILLE ROAD APARTMENTS Mecklenburg Co., NC USGS MAP for study purposes only - Su6ject to USAGE verttcatiarl Drawn By: ALL Reviewed By: FIGURE 1 2/7122 2 Leonard S. Rindner, PLLC. Wetlands and Environmental Planning Group Old Statesville Road Apartments - Threatened / Endangered / Protected Species Evaluation Figure 2: VICINITY MAP Wahnas wi.dEmoironmenti Plarv:rp Greco LeOnad S. Wnaxr. ftLC. Ien.rindber@?werlands-epg.com I./041.901-22ff www.neda ,pg.com Prepared for; CHARTER PROPERTIES OLD STATESVILLE ROAD APARTMENTS Meckien bui g Co., NC VICINITY MAP For study purposes only - Subject to USACE verification PROPERTY BOUNDARY STUDY LIMITS 17.21+/-AC J Drawn By: ALL Reviewed By: FIGURE 2 2/7/22 WEPG 401085 Wetlands and Environmental Planning Group 3 Leonard S. Rindner, PLLC. Old Statesville Road Apartments - Threatened / Endangered / Protected Species Evaluation Figure 3: AERIAL MAP i ■ - N Aerial Imagery Provided by 11 Mecklenburg County GIS 2022 WctWiA and Enn emrned Plann,na crow Lewwd S. R:.d,e, PU.0 I.n.HAAJmr y vwrtelwpg.can crwaea•xxn wwwwellandimepe.tem Prepared for: CHARTER PROPERTIES WEPG 401085 Wetlands and Environmental Planning Group khja'rrr::iff1/4444. J PROPERTY BOUNDARY STUDY LIMITS '4-1 17.2111-AC ,f. OLD STATESVILLE ROAD APARTMENTS Mecklenburg Co., NC AERIAL MAP For study purposes only- Subject to USAGE verification Drawn By: ALL Reviewed By: �AdAr FIGURE 3 2/7/22 4 Leonard S. Rindner, PLLC. Old Statesville Road Apartments - Threatened / Endangered / Protected Species Evaluation Figure 4: NRCS SOIL MAP gitiL5eopillaikb.EICade E Ei L PROPERTY BOUNDARY 1. k y STUDY LIMITS 17.21+/-AC '} GeB� rl•. ti HeE3 PaF N NRCS Sail Survey Manuscript Mecklenburg County 1980 ■ •'and Err.4.anmer.tal Plum6n5 Leawrd S. , d r. PLLC. len.rindnenSwrduds.cMoera. RBI) 9041777 www.wvt6mE-epg.com Prepare I for: CHARTER PROPERTIES CeQ2 Map Unit Symbol Hsp Unit Name Acres in AOI Percent of AOI CcE3� He8 PaE Ceal sandy day loam, 210 E3 percent slopes. moderately eroded Helena sandy loam. 2 to A percent elopes Paroled sandy loam. 15 to 25 percent slopes 9 0.5 2a9 4 1 Totals for Area of Interest k `I p.lt- "1. i OLD STATESVILLE ROAD APARTMENTS Mecklenburg Co., NC NRCS SOIL SURVEY MANUSCRIPT MAP For study purposes only - Subject to USAGE veriftrnrron 17.5 Drawn By: ALL Reviewed By: 100.0% FHGURE 4 217122 WEPG 401085 Wetlands and Environmental Planning Group 5 Leonard S. Rindner, PLLC. Old Statesville Road Apartments- Threatened / Endangered / Protected Species Evaluation METHODOLOGY: The US Fish and Wildlife Service IPaC website https://ipac.ecosphere.fws.gov/location/3Q22K7LBOZGXRP3B6TBV7OMWQA/r esources was referenced to determine the occurrence of Threatened, Endangered and Protected species for the Old Statesville Road Apartments site, the results of which are listed below (Table 1). Maps and aerial photographs were assembled, and the site was investigated on September 28, 2022. Table 1: Threatened / Endangered / Protected Species listed for the Cagle Avenue site *Source: US Fish & Wildlife Service IPaC **Data search on September 28, 2022 Group Name Status Vascular Plants Schweinitz's Sunflower (Helianthus Endangered schweinitzii) Vascular Plants Smooth Coneflower (Echinacea laevigata) Endangered Vascular Plants Michaux's Sumac (Rhus michauxii) Endangered Vertebrate Tricolored Bat (Perimyotis subflavus) Proposed Endangered Vertebrate Bald Eagle (Haliaeetus leucocephalus) Protected under the Bald and Golden Eagle Protection Act WEPG 401085 Wetlands and Environmental Planning Group 6 Leonard S. Rindner, PLLC. Old Statesville Road Apartments- Threatened / Endangered / Protected Species Evaluation SPECIES DESCRIPTIONS: Three plant species with federal protection are listed as potentially occurring on the subject site: • Schweinitz's Sunflower (Helianthus schweinitzii), listed as Federally Endangered, is typically found in open habitats which historically have been maintained by wildfires and grazing bison and elk herds. Now most occurrences are limited to roadsides, woodland and field edges, and utility rights -of -way (ROW). • Smooth Coneflower (Echinacea laevigata), listed as Federally Endangered, is typically found in open woods, cedar barrens, roadsides, clear cuts, dry limestone bluffs and power line rights -of -way, requiring abundant sunlight and little competition from other plant species. • Michaux's Sumac (Rhus michauxii), listed as Federally Endangered, requires habitat of sandy forests and woodland edges. This species requires periodic fire as a part of its ecology. Two animal species with federal protection are listed as potentially occurring on the subject site: • 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. • Tricolored Bat (Perimyotis subflavus), proposed Endangered, is often found in caves, abandoned mines, and road culverts during winter. During the spring, summer, and fall, tricolored bats are found in forested habitats where they roost in trees. Tricolored bats face extinction due primarily to the range wide impacts of white -nose syndrome, a deadly disease affecting cave -dwelling bats across the continent. RESULTS: The site is primarily covered by single family residences and lawns along Hwy 115 with disturbed wooded slopes to the rear of the site adjacent to a power line right of way. The residential properties have typical turf grass lawns that blend into the road and utility right of way along Hwy 115. Fescue (Festuca sp.) is dominant, and the area is maintained by frequent mowing. VVEPG O1O85 _ _ 7 Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. Old Statesville Road Apartments- Threatened / Endangered / Protected Species Evaluation Tree species present on the disturbed wooded slopes include Shortleaf Pine (Pinus echinata), Virginia Pine (P. virginiana), Willow Oak (Quercus phellos), White Oak (Quercus alba), Mockernut Hickory (Carya tomentosa), Tulip Poplar (Liriodendron tulipifera), Sweetgum (Liquidambar styraciflua), American Elm (Ulmus americana), Red Maple (Acer rubrum), Green Ash (Fraxinus pennsylvanica), and Cottonwood (Populus deltoides). Shrubs present are Chinese Privet (Ligustrum sinense), Russian Olive (Elaeagnus umbellata), Elderberry (Sambucus canadensis), and Sacred Bamboo (Nandina domestica). Vines include Japanese Honeysuckle (Lonicera japonica), Catbrier (Smilax sp.), Trumpet Creeper (Campsis radicans), and Poison Ivy (Toxicodendron radicans). The herbaceous layer is dominated by Japanese Stilt Grass (Microstegium vimineum) and includes Panic Grass (Panicum sp.), Christmas Fern (Polystichum acrostichoides), and River Oats (Chasmanthium /atifolium). The power line right of way and transitional areas are covered with mixed herbs and blackberry and woody vine thickets. Dominant species include Broomsedge (Andropogon virginicus), Sericea Lespedeza (Lespedeza cuneata), Ragweed (Ambrosia artemisiifolia), Goldenrod (Solidago sp.), Beggars Ticks (Desmodium sp.), Blackberry (Rubus sp.), Russian Olive, Japanese Honeysuckle, Catbrier (Smilax sp.), Poison Ivy, and Porcelain Berry (Symphoricarpos orbiculatus). Threatened & Endangered/Protected Species Results • All potential habitats for Schweinitz's Sunflower along the roadside, utility rights -of -way, transitional areas and woods edges were examined, and the species was not observed. WEPG concludes Schweinitz's Sunflower (Helianthus schweinitzii) does not occur on the site. • All potential habitats for Smooth Coneflower along the roadside, utility rights -of -way, transitional areas and woods edges were examined, and the species was not observed. WEPG concludes Smooth Coneflower (Echinacea /aevigata) does not occur on the site. • All potential habitats for Michaux's Sumac along the roadside, utility rights - of -way, transitional areas and woods edges were examined, and the species was not observed. WEPG concludes Michaux's Sumac (Rhus michauxii) does not occur on the site. • No habitat exists on the site for Bald Eagles. WEPG concludes Bald Eagle (Haliaeetus /eucocepha/us) does not occur on the site. • Existing guidance for Tricolored Bat (Perimyotis subflavus) as of the report date indicates no action is required under section 7 of the Endangered Species Act for the Tricolored Bat (Perimyotis subflavus). VVEPGO1O85 _ 8 Wetlands and Environmental Planning Group Old Statesville Road Apartments - Threatened / Endangered / Protected Species Evaluation RECOMMENDATIONS: Based on the site investigation and the review of available data, WEPG did not identify any protected species occurring on the subject property. No further investigation of the presence of protected species on the site is recommended at this time. Respectfully submitted, Lisa R. Gaffney Biologist October 11, 2022 Curriculum Vitae for: Lisa R. Gaffney Biologist/ Botanist WEPGO1O85 _ 9 Wetlands and Environmental Planning Group Old Statesville Road Apartments - Threatened / Endangered / Protected Species Evaluation 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: • 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 65,000 acres in North and South Carolina, 1996 - present. • Located and identified numerous previously unreported populations of Federally Endangered Schweinitz's Sunflower (Helianthus schweinitzii). • Located and identified numerous previously unreported populations of Threatened Dwarf Heartleaf (Hexastylis naniflora). • Found Schweinitz's Sunflower at Redlair Farm in Gaston County, NC. This discovery led (in part) 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. • Participated in numerous Piedmont Prairie restoration projects in Mecklenburg, Union, Cabarrus and Gaston Counties, North Carolina. WEPG O1O85 _ 10 Wetlands and Environmental Planning Group 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 28, 2022 Ms. Amber Lipsky Leonard S. Rindner, PLLC Wetlands & Environmental Planning Group 3714 Spokeshave Lane Matthews, North Carolina 28105 Subject: Findings - Cultural Resources Literature Review Old Statesville Road Apartments Development Tract Caldwell Community, Huntersville, Mecklenburg County, North Carolina R.S. Webb & Associates No. 22-649-201 Dear Ms. Lipsky: BACKGROUND During November 2022, R. S. Webb & Associates (RSWA) conducted a cultural resources literature review for the Old Statesville Road Apaitiuents development tract in the Caldwell community of Huntersville in Mecklenburg County, North Carolina. The project area covers approximately 17.2 acres located west of State Route (SR) 115 (Old Statesville Road), approximately 550 meters (m) north of its intersection with SR 73 (Sam Furr Road) in northern Mecklenburg County (Figure 1). For this study, a cultural resource is defined as a discrete area of human activity that is at least 50 years old. Cultural resources include, but are not limited to, archeological sites, historic structures, military earthworks, mines/mining features, historic cemeteries 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)-listed historic properties, Mecklenburg County surveyed -only historic resources, local landmarks, state study -list sites and historic resources determined by the SHPO to be eligible for the NRHP. Historic county maps were examined online through North Carolina Maps, a collaboration of the University of North Carolina, the State Archives of North 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. Research on recorded archeological sites and projects was performed at the North Carolina Office of State Archaeology (OSA) by Commonwealth Heritage Services, Inc., who then provided RSWA with pertinent information via email regarding archeological sites located within 1.6 kilometers (km) of the project area. Provided site information includes available site forms, site/project area location maps and partial or full reports. Findings - Cultural Resources Literature Review, Old Statesville Road Apartments Development Tract Page 2 November 28, 2022 The following primary sources were found to be useful in searching for historic resources within and adjacent to the project area: 1910 USDA Soil Map of Mecklenburg County 1911 County Commissioner's Map of Mecklenburg County 1912 Rural Delivery Map of Mecklenburg County 1938 and 1969 State Highway and Public Works Commission Map of Mecklenburg County 1956, 1965, 1968, 1978, and 1983 aerial photographs of Mecklenburg County 1970 and 1993 USGS Cornelius, NC 7.5-Minute quadrangle 1993-2022 Google Earth aerial photography. RESULTS Previous Archeological Investigations: Records of OSA indicate at least four archeological survey projects completed within 1.0 km of the project area, two of which were corridor or corridor -related surveys performed within 500 m of study tract boundaries (Abbott 1991; Luchsinger et al. 2005:Figure 1). Previous Architectural Investigations: According to SHPO personnel, the North Carolina HPOWEB database is the definitive source of architectural survey information for Mecklenburg County. National Register of Historic Places: There are no NRHP-listed historic properties located within 1.0 km of the current study tract. Mecklenburg County Historic Resources: The HPOWEB database shows that Resource No. MK1284, Caldwell Station School (400 m northeast) was added to the State Study List in 2001, determined eligible for the NRHP in 2006, and was designated as a Local Landmark in 2010. The database shows six additional historic buildings located within 1.0 km of the study tract, four of which are within 500 m of the project area (Figure 1; Resource Nos. 145-148). These resources were identified and evaluated as part of a proposed North Corridor commuter rail project (Alexander 2005). All of the recorded buildings were recommended ineligible for the NRHP. Two of these resources, Resource Nos. 146 and 147, were recorded within the project area. Resource No. 146 is still present and appears to be a 19t' to early 20t' century I -house. The HPOWEB database gives these resources no individual number designation and provides a link to the Alexander (2005) survey report. Recorded Archeological Sites: OSA identifies five recorded archeological sites within 1.0 km of the project area, the closest of which, 31MK586, is situated approximately 280 m southeast of the project area (Figure 1). Site 31MK586 is a sparse, prehistoric lithic scatter recommend ineligible for the NRHP. Revolutionary War Actions/Features: Following their capture then abandonment of Charlotte late in the year 1780, the British army passed across northern Mecklenburg County en route to their final defeat at Yorktown, Virginia. As the eastward campaign commenced, battles were fought on February 1, 1781 as the British crossed the Catawba River at Cowan's Ford (9 km west) and then again as American militia attempted to regroup at Tarrant's Tavern (10 km north). Though marching, bivouacking or foraging could have taken place nearby, no miliary activity is known to have occurred within the project area (Lewis 2021). Findings - Cultural Resources Literature Review, Old Statesville Road Apartments Development Tract Page 3 November 28, 2022 Civil War Actions/Features: Review of the official military atlas for the Civil War (Davis et al. 1983) revealed that no significant Civil War military activity occurred in present-day Mecklenburg County, North Carolina. Union forces, following the capture of Columbia, South Carolina on February 17, 1865, moved north to the vicinity of Lancaster, South Carolina (79 km southeast), his armies then turned to the 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. Structures on Historic Maps and Aerial Photographs: Maps from 1907 to 1970 depict an intersection at or near the southeast project area corner with as many as four dwellings and one large outbuilding in the project area (Figure 1). These buildings include recorded 2005 Resource Nos. 146 and 147, and two dwellings dating to 1952 and 1955, per county tax assessor records. Maps from 1993 indicate that the southern -most dwelling (2005 Resource No. 147) was no longer present; instead, a modern building was present near its location. Aerial photographs from the period 1956 through 1978 show multiple outbuildings in the vicinity of Resource No. 146 (17303 Old Statesville Road) and Resource No. 147 (17209 Old Statesville Road), located in the north and south portions of the project area. Between these properties were the circa 1955 and 1952 dwellings with one outbuilding each. There were sparse woodlands near the occupation sites in the east part of the study tract, while the remainder of the project area was under cultivation. Open land in the west part of the project aera was maintained as pasture throughout the 20th century; reforestation was under way by circa 2004. The maintenance of grounds at Resource No. 147 (southeast project area corner) ceased as early as 1983, but the dwelling remained present until after 2016. As of early 2022, four dwellings were still standing within the study tract, including the aforementioned I -house (Resource No. 146). CONCLUSIONS There are no NRHP-listed properties, determined -eligible properties, study -listed resources, designated local landmarks, or mapped cemeteries located within the study tract. Two late-19th or early 20th century dwellings were recorded in the study tract in 2005; both were recommended ineligible for the NRHP and one of them (No. 146) remains present. Also present in the project area are two dwellings dating to the middle 20th century. Historic maps and aerial photographs indicate four occupation loci in east part of the study tract and cultivation or pasturing of the remainder of the project area throughout the 20th century. Findings - Cultural Resources Literature Review, Old Statesville Road Apartments Development Tract Page 4 November 28, 2022 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 4 1/. L/ Robert S. (Steve) Webb President and Senior Principal Archeologist Attachments: Figure 1 REFERENCES Abbott, L.E. 1991 Management Summary: Archeological Consulting Services/Intensive Sample Survey: NCDOT Project R-2632: Davidson -Cornelius Bypass Environmental Assessment, Mecklenburg and Iredell Counties, North Carolina. New South Associates, Inc. Mebane, North Carolina. Alexander, F.P. 2005 Phase II Architectural Resources Survey Report: North Corridor Commuter Rail Project, Charlotte Area Transit System, Mecklenburg and Iredell Counties. Mattson, Alexander and Associates, Inc. Charlotte, North Carolina. 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.com /NC/Revolution/home.html. Accessed February 2022. Luchsinger, H. and T. Bailey, L. Lautzenheiser, and B. Hall 2005 Archaeological Survey of the Proposed North Corridor Commuter Rail Project (NCCR), Charlotte Area Transit System, Charlotte, North Carolina. Coastal Carolina Research, Inc. Tarboro, North Carolina. Resources Circa d,955- N1` 'tl Project Circa) 1952ti /\\ ♦ Structure on Historic Maps and Aerials • Recorded Historic Resource Map Reference: 7.5-Minute USGS Quadrangle Cornelius (1993), NC • Recorded Archeological Site Previous Cultural Resource Project Scale 0 0 Figure 1 Project Area and Recorded Cultural Resources 610 meters 2000 feet