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HomeMy WebLinkAbout20230388 Ver 1_ePCN Application_20230310DWR 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: 11/14/2022 BIMS # Assigned * Version#* 20230388 1 Is a payment required for this project? * No payment required Fee received Fee needed - send electronic notification What amout is owed?* $240.00 $570.00 Reviewing Office* Select Project Reviewer* Mooresville Regional Office - (704) 663-1699 Andrew Pitner:andrew.pitner@ncdenr.gov Information for Initial Review la. Name of project: Countrywoods Mobile Home Park la. Who is the Primary Contact?* Suzanne L. Knudsen 1b. Primary Contact Email: * lc. Primary Contact Phone: * sknudsen@smeinc.com (704)231-3800 Date Submitted 3/10/2023 Nearest Body of Water Long Creek Basin Catawba Water Classification 11-120-(0.5) Class C Long Creek Site Coordinates Latitude: 35.330264 A. Processing Information Longitude: -80.835001 Is this project connected with ARPA funding? Yes No 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 1b. 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: If. 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 lh. 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 Id. 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: Countrywoods Community, LLC; GD Countrywoods, LLC; JTC Countrywoods, LLC 2b. Deed book and page no.: PID: 0372410; 137045-653 2c. Contact Person: Kenyon Burnham/KDM Development (Countrywoods Community, LLC) 401 Water Quality Certification - Express Riparian Buffer Authorization 2d. Address Street Address 8480 Honeycutt Road Address Line 2 Suite 200 City State / Province / Region Raleigh NC Postal / Zip Code Country 27615 United States of America Yes No Yes No 2e. Telephone Number: 2f. Fax Number: (585)381-0570 2g. Email Address: * kenyon@kdmdevelopment.com 3. Applicant Information (if different from owner) 3a. Name: Marty Bizzell 3b. Business Name: Bass Nixon and Kennedy, Inc. 3c. Address Street Address 6310 Chapel Hill Road Address Line 2 Suite 250 City State / Province / Region Raleigh North Carolina Postal / Zip Code Country 27607 United States of America 3d. Telephone Number: 3e. Fax Number: (919)851-4422 3f. Email Address: * m a rty. b i zze I I@ b n k i n c. com 4. Agent/Consultant (if applicable) 4a. Name: Suzanne L. Knudsen 4b. Business Name: S&ME, Inc. 4c. Address Street Address 2016 Ayrsley Town Blvd Address Line 2 Suite 2-A City State / Province / Region Charlotte NC Postal / Zip Code Country 28273 United States of America 4d. Telephone Number: 4e. Fax Number: (704)231-3800 4f. Email Address: * sknudsen@smeinc.com C. Project Information and Prior Project History O 1. Project Information 1b. Subdivision name: (if appropriate) Countrywoods lc. Nearest municipality / town: Charlotte 2. Project Identification 2a. Property Identification Number: 03724101 2b. Property size: approximately 27.59 2c. Project Address Street Address 5201 Victoria Avenue Address Line 2 City State / Province / Region Charlotte NC Postal / Zip Code Country 28269 United States of America 3. Surface Waters 3a. Name of the nearest body of water to proposed project: * Long Creek 3b. Water Resources Classification of nearest receiving water: * 11-120-(0.5) Class C Long Creek 3c. What river basin(s) is your project located in?* Catawba 3d. Please provide the 12-digit HUC in which the project is located. 030501011403 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 eastern portion of the site is developed with the existing Countrywoods Mobile Home Park. However, due to the age and condition of the mobile homes, they were recently vacated, demolished and removed and will be replaced with new, safe models that are aesthetically pleasing. The western portion of the site is undeveloped woodland. Long Creek, its unnamed tributaries and adjacent forested headwater wetlands separate the eastern and western portions of the site (see below and attached Cover Letter). Sewer easements parallel Stream S1 and Stream S3 (Long Creek). The vicinity of the site is largely residential and commercial development. Interstate 77 is west of the site. 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: 2.24 acre of wetlands 4g. List the total estimated linear feet of all existing streams on the property: 3,931 linear feet of stream channel 4h. Explain the purpose of the proposed project: * In response to the high demand for available, safe and affordable housing options within the community, the purpose of the proposed project is to expand the existing Countrywoods Mobile Home Park located within the eastern portion of the site into the undeveloped western portion of the site as well as replace the existing unsafe, dilapidated mobile homes within the eastern portion of the site. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * The proposed project will include the development of 85 new single-family residential lots within the western portion of the project site, adjacent to the existing Countrywoods Mobile Home Park in the eastern portion of the site for a total Built Upon Area of 5.07 acres (5.2 lots per acre; 14.1% of the project site). The new development will entail clearing; site grading; installation of stormwater control features; connection of municipal water and sanitary sewer systems; and other needed infrastructure. Three stormwater retentions ponds for stormwater control that will treat of 85% of total suspended solids (TSS) in stormwater runnoff will be constructed throughout the uplands within the western portion of the site. Infrastructure required to access buildable land within the western portion of the site will require unavoidable, direct and permanent impacts to 127 linear feet (0.019 acre) of jurisdictional WOTUS to Stream 1 and Stream 6 and 0.095 acre jurisdictional WOTUS to Wetland WA and Wetland WD/WJ. Construction will utilize typical clearing, grading and paving equipment. Through the use of measures detailed in the approved soil erosion and sedimentation plan, indirect impacts to on -site and off -site streams and wetlands are not anticipated. As this is a residential infill project surrounded by other residential developments that are well supported by existing infrastructure, no significant indirect impacts on -site or off -site are anticipated. According to the Post Construction Stormwater Ordinance (PCSO) Summary Table (appended to the attached Cover Letter), 6.9 acres of undisturbed natural areas are required by the PCSO for the project, however implementation of the proposed project will exceed the requirement and provide 13.36 acres of undisturbed natural areas as well as 6.75 acres of undisturbed Surface Water Improvement and Management (SWIM) buffers regulated by the Charlotte -Mecklenburg Stormwater Services along on -site streams. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas? * Yes Comments: S&ME delineated the site in March and April 2021 No C) Unknown 5b. If the Corps made a jurisdictional determination, what type of determination was made?* Preliminary Approved Not Verified Unknown N/A Corps AID Number: SAW-2021-01076 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Suzanne L. Knudsen S&ME, Inc. Other: 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR SAW-2021-01076 Preliminary Jurisdictional Determination signed by Bryan Roden -Reynolds of the USACE and issued on 5/26/2021. Mr. Roden -Reynolds did not request a site visit with S&ME. 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? The project is a single and complete infill project located on a parcel surrounded by existing residential development of comparable lot sizes. The remaining streams and wetlands on the property are protected as areas to remain undisturbed under the Post Construction Stormwater Ordinance (PCSO). D. Proposed Impacts Inventory O 1. Impacts Summary la. Where are the impacts associated with your project? (check all that apply): Wetlands Streams -tributaries Open Waters Pond Construction 2. Wetland Impacts f1 Buffers 2a. Site #* (?) 2a1 Reason (?) 2b. Impact type* (?) 2c. Type of W.* 2d. W. name 2e. Forested* 2f. Type of Jurisdicition * (?) 2g. Impact area* WA fill/grading P Headwater Forest WA Yes Both 0.009 (acres) WD/WJ fill/grading P Headwater Forest WD/WJ Yes Both 0.086 (acres) 2g. Total Temporary Wetland Impact 0.000 2g. Total Wetland Impact 0.095 2i. Comments: See attached cover letter for further discussion of wetland impacts. 3. Stream Impacts 2g. Total Permanent Wetland Impact 0.095 3a. Reason for impact (?) 3b.Impact type* 3c. Type of impact* 3d. S. name* 3e. Stream Type* (?) 3f. Type of Jurisdiction* 3g. S. width 3h. Impact length* S1 Roadway/culvert Permanent Culvert S1 Perennial Both 8 Average (feet) 45 (linear feet) 32 Roadway/culvert Permanent Culvert S6 Perennial Both 6 Average (feet) 82 (linear feet) 3i. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 127 3i. Total stream and ditch impacts: 127 3i. Total temporary stream impacts: 0 3j. Comments: Permanent impacts are associated with proper placement of paired 48" diameter HDPE and single 72" diameter RCP culverts that will not impede flow and aquatic fauna passage. E. Impact Justification and Mitigation 1. Avoidance and Minimization la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: The project has been redesigned several times to minimize impacts to jurisdictional waters to the maximum extent possible while still maximizing the number of affordable housing units generated. Streams are crossed at a near perpendicular angle. Headwalls and wingwalls will be utilized where practicable to minimize the length of impacted channel. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: During grading and construction, appropriate sediment and erosion control practices equaling those outlined in the most recent version of the "North Carolina Sediment and Erosion Control Planning and Design Manual" will be used to minimize impacts to streams and wetlands. Additionally, stormwater outlets have been designed to outfall above the ordinary high-water mark. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? Yes No 2b. If this project DOES NOT require Compensatory Mitigation, explain why: Permanent impacts are below the mitigation threshold outlined in the regional conditions established by the Wilmington District of the USAGE so that compensatory mitigation should not be required. F. Stormwater Management and Diffuse Flow Plan (required by DWR) O 1. Diffuse Flow Plan la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? Yes No If no, explain why: The project site is located within the Catawba River Basin which is not a basin subject to the NC Riparian Buffer Protection Rules. 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. Charlotte Comments: A Stormwater Management Plan for this project has been prepared, submitted to the City of Charlotte and subsequently approved. G. Supplementary Information 1. Environmental Documentation la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? * Yes No 2. Violations (DWR Requirement) 2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15A NCAC 2B .0200)?* Yes No 3. Cumulative Impacts (DWR Requirement) 3a. Will this project result in additional development, which could impact nearby downstream water quality? * Yes No 3b. If you answered "no," provide a short narrative description. The project is a single and complete infill project located in a parcel surrounded by existing single family developments of comparable lot size in an existing residential area, therefore no additional development could occur as a result of the project. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* Yes No N/A 4b. Describe, in detail, the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated at a treatment plant, list the capacity available at that plant. The site has been approved to utilize the Charlotte municipal sewer system for which there is suitable capacity. 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or habitat? * Yes No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts? * Yes No 5d. Is another Federal agency involved?* Yes 5e. Is this a DOT project located within Division's 1-8? Yes No No Unknown 5f. Will you cut any trees in order to conduct the work in waters of the U.S.? Yes No 5g. Does this project involve bridge maintenance or removal? Yes No 5h. Does this project involve the construction/installation of a wind turbine(s)?* Yes No 5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.? Yes No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? See Section 6.0 and Appendix IV of the attached cover letter. 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? * NOAA Essential Fish Habitat Mapper: https://www.habitat.noaa.gov/apps/efhmapper/ 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? * NC SHPO HPO Web See Section 6.0 and Appendix IV of the attached cover letter. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? * Yes No 8c. What source(s) did you use to make the floodplain determination?* FEMA National Flood Hazard Data Layer (NFHL) for Mecklenburg County - See Figure 3 of attached cover letter. 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 Countrywoods Mobile Home Park PCN CoverLetter 3-10-2023.pdf 18.91 MB File must be PDF or KMZ Comments See attached cover letter, Section 8.0 for additional regulatory compliance notes. The proposed project satisfies the conditions of WQC 4256 and therefore does not require an Individual Water Quality Certification. Permanent wetland and stream impacts are below the thresholds specified by WQC 4256. Impacts to waters of the U.S. are associated with the installation of permanent fill/structures: no stream/wetland restoration; stream relocation; or jurisdictional pond dewatering are proposed. Though the proposed project is a high -density project disturbing more than one acre of land, it does have an approved Stormwater Management Plan. Additionally, the project does not involve impacts to special designated waters or waters projected by state buffer regulations. According to the Post Construction Stormwater Ordinance (PCSO) Summary Table (appended to the attached Cover Letter), 6.9 acres of undisturbed natural areas are required by the PCSO for the project, however implementation of the proposed project will exceed the requirement and provide 13.36 acres of undisturbed natural areas as well as 6.75 acres of undisturbed Surface Water Improvement and Management (SWIM) buffers regulated by the Charlotte -Mecklenburg Stormwater Services along on -site streams. Signature 8 p 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: Suzanne Louise Knudsen Signature •Swromse wJrci w/.4w Date 3/10/2023 PREPARED FOh U.S. Army Corps of Engineers, Charlotte Regulatory Field Office 8430 University Executive Park Drive, Suite 61 S Charlotte, NC 28262 SWE, Inc. 2016 Ayrsley Town Boulevard, Suite 2-A. Charlotte, NC 28273 March 10, 2023 -a a III March 10, 2023 U.S. Army Corps of Engineers Charlotte Regulatory Field Office 8430 University Executive Park Drive, Suite 615 Charlotte, North Carolina 28262 Attention: Mr. Doug Perez North Carolina Department of Environmental Quality Mooresville Regional Office 610 East Center Avenue, Suite 301 Mooresville, North Carolina 28115 Attention: Mecklenburg County Project Manager Reference: Pre -Construction Notification Nationwide Permit 29 Countrywoods Mobile Home Park Redevelopment and Improvement Project 5201 Victoria Avenue Charlotte, Mecklenburg County, North Carolina S&ME Project No. 212669 On behalf of Bass Nixon and Kennedy, Inc. (BNK) and KDM Development, S&ME, Inc. (S&ME) is pleased to submit this application for Department of the Army verification of unavoidable permanent impacts to Waters of the U.S. (WOTUS) in accordance with Nationwide Permit (NWP) No. 29 used for residential developments. BNK will be considered the applicant, KDM Development is the project owner, and S&ME will act as an authorized agent and signatory on the electronic Pre -Construction Notification (e-PCN) for this project (See Agent Authorization Form in Appendix 1). Impacts associated with the proposed project are also authorized under General Water Quality Certification (WQC) 4256. As the proposed project meets the requirements WQC 4256 (see 8.0 Additional Regulatory Considerations), additional written authorization from North Carolina Department of Environmental Quality Division of Water Resources (DWR) is not required. This e-PCN is being provided to DWR for the record only. In accordance with e-PCN requirements, we are submitting the accompanying supporting materials pursuant to issuance of the aforementioned NWP authorization. This e-PCN is for authorization of permanent impacts to jurisdictional WOTUS for a residential development expansion project. In addition to the brief project summary provided herein, please find the following enclosed: Project Figures Figure 1: Vicinity Map Figure 2: United States Geological Survey (USGS) Topographic Map S&ME, Inc. 12016 Ayrsley Town Boulevard, Suite 2-A I Charlotte, NC 28273 1 p 704.523.4726 1 www.smeinc.com Pre -Construction Notification Nationwide Permit 29 Countrywoods Mobile Home Park Redevelopment and Improvement Project 5201 Victoria Avenue Charlotte, Mecklenburg County, North Carolina S&ME Project No. 212669 ♦ Figure 3: Project Design ♦ Figure 4: Impact Area 1 ♦ Figure 5: Impact Area 2 Appendix I: Agent Authorization Form Appendix II: Culvert Cross Section Drawings Appendix III: Federally Protected Species Documentation Appendix IV: Cultural Resources Documentation Appendix V: Post Construction Stormwater Ordinance Summary Table By copy of this correspondence and completed e-PCN, we are requesting your written concurrence and verification with this e-PCN. If you need additional information or have questions, please contact Suzanne Knudsen at 704-231-3800 or sknudsenPsmeinc.com. Sincerely, S&ME, Inc. 4 Suzanne L. Knudsen Natural Resources Project Manager sknudsen@smeinc.com Senior reviewed by Jason Reeves, PE March 10, 2023 Pre -Construction Notification Nationwide Permit 29 = 0 Countrywoods Mobile Home Park Redevelopment and Improvement Project 5201 Victoria Avenue Charlotte, Mecklenburg County, North Carolina III E S&ME Project No. 212669 Table of Contents 1.0 Project Information and Description............................................................................1 2.0 Purpose and Need.............................................................................................................1 3.0 Existing Jurisdictional Waters / Site Conditions........................................................1 4.0 Proposed Impacts to Jurisdictional WOTUS...............................................................2 5.0 Avoidance and Minimization / Mitigation..................................................................3 6.0 Protected Species and Historical and Cultural Resources........................................3 7.0 Floodplains.........................................................................................................................4 8.0 Additional Regulatory Considerations........................................................................4 List of Tables Table 4-1 Jurisdictional Impacts Summary.............................................................................................2 Project Figures Appendices Appendix I — Agent Authorization Form Appendix II — Culvert Cross Sections Appendix III — Protected Species Documentation Appendix IV — Cultural Resources Documentation Appendix V — Post Construction Stormwater Ordinance Documentation March 10, 2023 iii Pre -Construction Notification Nationwide Permit 29 = 0 Countrywoods Mobile Home Park Redevelopment and Improvement Project 5201 Victoria Avenue Charlotte, Mecklenburg County, North Carolina III E S&ME Project No. 212669 1.0 Project Information and Description The proposed project is an expansion of the existing Countrywoods Mobile Home Park; a single-family residential development located at 5201 Victoria Avenue, Charlotte, Mecklenburg County, North Carolina. The project site is approximately 27.59 acres comprised on Mecklenburg County Parcel (PID 03724101). The proposed project will involve the construction of 85 new lots for single family mobile homes within the western portion of the project site adjacent to the existing Countrywoods Mobile Home Park located within the eastern portion of the site. As currently designed, the project will require two culverted road crossings of jurisdictional WOTUS (Stream 1, Stream 6, Wetland WA and Wetland WD/WJ) in order to access buildable portions of the western portion of the site. Approximately 13.36 acres will be undisturbed forested natural areas. Implementation of the project will entail clearing; site grading; installation of stormwater control features; installation of municipal water and sanitary sewer systems; and other necessary infrastructure. Three stormwater retention ponds for stormwater control and treatment will be constructed. Infrastructure needed to access buildable land within the western portion of the site will require unavoidable direct impacts to 127 linear feet (0.019 acre) of jurisdictional Stream 1 and Stream 6 and 0.095 acre of two jurisdictional wetlands (Wetlands WA and WD/WJ). Construction will utilize typical clearing, grading and paving equipment. Through implementation of an approved soil erosion and sedimentation plan, unauthorized direct and indirect impacts to on -site and off -site jurisdictional WOTUS are not anticipated. As this is a residential infill development adjacent to existing residential and commercial developments that are well supported by existing infrastructure, no significant direct or indirect on -site or off -site impacts associated with site development are anticipated. Additional information regarding this project is contained in the body of the e-PCN application. Refer to Figure 1 (Vicinity Map), Figure 2 (USGS Topographic Map), Figure 3 (Project Design), Figure 4 (Impact Area 1) and Figure 5 (Impact Area 2) appended to this report. 2.0 Purpose and Need The purpose of the proposed project is to expand the existing Countrywoods Mobile Home Park to the undeveloped western portion of the site in order to address the affordable housing crisis in the Charlotte area and meet the demand for available, safe and affordable housing solutions. Additionally, the project will replace the outdated and dilapidated existing mobile homes on site. 3.0 Existing Jurisdictional Waters / Site Conditions The project site was delineated by Ms. Suzanne Knudsen and Mr. David Homans of S&ME on March 23 and April 1, 2021. A Preliminary Jurisdictional Determination (PJD), SAW-2021-01076, was issued for the delineation on May 26, 2021. As outlined in the PJD, the following jurisdictional WOTUS were delineated on -site: Stream S1 - 844 linear feet (If) perennial, non -wetland water tributary to Long Creek Stream S2 - 475 If perennial, non -wetland water tributary to Long Creek March 10, 2023 Pre -Construction Notification Nationwide Permit 29 Countrywoods Mobile Home Park Redevelopment and Improvement Project 5201 Victoria Avenue Charlotte, Mecklenburg County, North Carolina S&ME Project No. 212669 Stream S3 — 1,407 If perennial, non -wetland water (Long Creek) Stream S4 — 100 If of intermittent, non -wetland water tributary to Long Creek Stream S5 — 21 If of perennial, non -wetland water tributary to Long Creek Stream S6 — 941 If of perennial, non -wetland water tributary to Long Creek Stream S7 — 143 If of perennial, non -wetland water tributary to Long Creek Wetland WA — 0.16 acre of forested wetland Wetland WB — 0.053 acre of forested wetland Wetland WC — 0.003 acre of forested wetland Wetland WD/WJ — 1.553 acres of forested wetland Wetland WE — 0.296 acre of forested wetland Wetland WF - 0.003 acre of forested wetland Wetland WH — 0.14 acre of forested wetland Wetland WI — 0.032 acre of forested wetland -a The eastern portion of the site is developed with the existing Countrywoods Mobile Home Park. However, due to the age and condition of the mobile homes, they were recently vacated, demolished and removed and will be replaced with new, safe models. The western portion of the site is undeveloped woodland. Sewer easements parallel Stream S1 and Streams S6. The vicinity of the site is largely residential and commercial development. Interstate 77 is west of the site. 4.0 Proposed Impacts to Jurisdictional WOTUS The proposed project will require permanent impacts to portions of Stream S1, Stream S6, Wetland WA, and Wetland WD/WJ associated with two road crossings to access the western portion of the project site. Project impacts are shown on Figures 3, 4 and S. Refer to Table 4-1 below for a summary of jurisdictional WOTUS impacts. Table 4-1 Jurisdictional Impacts Summary ImpactTemporary Impact Type Number Name .• ..Impacts Perennial 45 45 If 1 Stream S1 Culvert Crossing Tributary Road crossing 0 (0.0acre) Perennial 82 If 2 Stream S6 Culvert Crossing Road crossing 0 Tributary (0.011 acre) Forested Fill/grading associated 3 Wetland A Fill/grading headwater with road crossing 0 0.009 acre 4 Wetland Fill/grading Forested Fill/grading associated 0 0.086 acre WD/WF headwater with road crossing March 10, 2023 Pre -Construction Notification Nationwide Permit 29 = 0 Countrywoods Mobile Home Park Redevelopment and Improvement Project 5201 Victoria Avenue Charlotte, Mecklenburg County, North Carolina III E S&ME Project No. 212669 Total permanent stream impacts will be 127 If / 0.019 acre. The proposed culvert at the crossing of Stream S1 will be a 72-inch diameter reinforced concrete pipe (RCP) and the proposed culvert at the crossing of Stream S6 will be a pair of 48-inch diameter high density polyethylene (HDPE) culverts. The culverts will be installed so as to not impede flow or passage of aquatic fauna and meet the guidelines laid out in RGP 29 and WQC 4256 (See Appendix II for culvert cross sections). Total permanent wetland impacts due to grading fill associated with these road crossings will be 0.095 acre. 5.0 Avoidance and Minimization / Mitigation The project has been redesigned several times to minimize impacts to jurisdictional WOTUS to the maximum extent possible while still maximizing the number of affordable housing units generated. Streams are crossed at a near perpendicular angle. During project design, culvert crossings were redesigned with headwalls and wingwalls where possible to further minimize pipe lengths to the maximum extent practicable and thus limit impacts to jurisdictional features. During grading and construction, appropriate sediment and erosion control practices equaling those outlined in the most recent version of the "North Carolina Sediment and Erosion Control Planning and Design Manual" will be used to minimize impacts to streams and wetlands. Additionally, stormwater outlets have been designed to outfall above the ordinary high-water mark. The proposed project results in permanent impacts to 127 If/ 0.019 acre of jurisdictional stream, which falls below the 0.020-acre threshold established by the Wilmington District of the USACE for requiring mitigation. As proper avoidance and minimization steps have been taken for the project, and as the project is located in the Upper Catawba River Basin (HUC 03050101), based on our past experience as well as the project meeting the general and regional conditions of NWP No. 29, it is not anticipated the proposed project will require compensatory mitigation. 6.0 Protected Species and Historical and Cultural Resources To comply with applicable sections of the Endangered Species Act of 1973 (16 USC 1531-1543), S&ME conducted a federally protected species assessment of the project site On October 28, 2022. This review involved a generating a North Carolina Natural Heritage Program (NCNHP) database report to identify species, important natural communities, natural areas, and/or conservation/managed areas within the proposed project site and within a one -mile radius of the project site boundary. Additionally, the U.S. Fish and Wildlife Service (USFWS) Information for Planning and Consultation (IPaC) online service was used to generate an up-to-date list of federally protected threatened or endangered species which may be present in the project site. See Appendix III for the Federally Protected Species Report dated December 6, 2022 that includes the NCNHP and USFWS IPaC database reports. The NCNHP review indicated that no known federally protected species were present within the project site or within a one -mile radius of the project site. The NCNHP database report identified two open spaces managed by March 10, 2023 Pre -Construction Notification Nationwide Permit 29 = 0 Countrywoods Mobile Home Park Redevelopment and Improvement Project 5201 Victoria Avenue III Charlotte, Mecklenburg County, North Carolina E S&ME Project No. 212669 the City of Charlotte as being within a one -mile radius of the project site. The USFWS IPaC review identified the following federally protected species that may be in the project area: Bald eagle — Haliaeetus leucocephalus (Bald and Gold Eagle Protection Act) Tri-colored bat — Perimyotis subflavus (Proposed Endangered) Monarch butterfly — Danaus plexippus (Candidate for listing) Michaux's sumac — Rhus michauxii (Endangered) Smooth coneflower — Echinacea laevigata (Threatened) Schweinitz's sunflower - Helianthus schweinitzii (Endangered) As stated in the Federally Protected Species Assessment (Appendix III), habitat exists within the project site suitable for federally protected species, however, since the field assessment was conducted within the optimal survey window of those species and no individual species were observed, the proposed project will have No Effect on species currently listed by the USFWS that could potentially be present in the project site. In order to determine consistency with the Section 106 of the National Historic Preservation Act, a 0.5-mile radius around the project site was reviewed for known historic properties using the NC State Historic Preservation Office (NC SHPO) HPOWEB online mapping tool (See Appendix IV). Results indicated that no properties listed on the National Register of Historic Places (NRHP) or determined eligible or on the study list for this registry were located within this radius. Furthermore, the project site is located within a developed suburban residential and commercial area with no currently known significant archeological resources; as such it is unlikely to present a significant threat to archaeological resources. 7.0 Floodplains According to the current Federal Emergency Management Agency's (FEMA) National Flood Hazard Layer, regulated floodplains exist within the western portion of the project area; however, disturbance including site development and grading activities, will not occur within these regulated floodplains (See Figure 3). As such the proposed project is in compliance with FEMA flood zone regulations and restrictions. 8.0 Additional Regulatory Considerations The proposed project has been designed to meet the general and regional conditions of NWP 29. The project is located outside of areas with statewide regulated riparian buffers. Culvert crossings have been designed to accommodate high and low flows without adversely affecting flow velocity while maintaining the natural width of the channel. The culvert has been designed to accommodate aquatic fauna passage. Stormwater control measures have been located outside of jurisdictional WOTUS areas and no impacts directly associated with stormwater management facilities are proposed. As stated previously, the proposed project satisfies the conditions of WQC 4256 and therefore does not require an Individual Section 401 Water Quality Certification. Stream impacts are 127 If, which is below the 150 If threshold specified by WQC 4256. Impacts to jurisdictional WOTUS are associated with the installation permanent fill / structures and no stream restoration or relocation norjurisdictional pond dewatering are proposed. Though the March 10, 2023 4 Pre -Construction Notification Nationwide Permit 29 = 0 Countrywoods Mobile Home Park Redevelopment and Improvement Project 5201 Victoria Avenue Charlotte, Mecklenburg County, North Carolina III E S&ME Project No. 212669 proposed project is a high -density project disturbing more than one acre of land, a Stormwater Management Plan has been approved by the City of Charlotte's state approved stormwater program. Additionally, the project does not involve impacts to special designated waters or waters protected by state buffer regulations. According to the Post Construction Stormwater Ordinance (PCSO) Summary Table (Appendix V), 6.9 acres of undisturbed natural areas are required by the PCSO for the project; however, implementation of the proposed project will exceed that requirement and provide 13.36 acres of undisturbed natural areas as well as 6.75 acres of undisturbed Surface Water Improvement and Management (SWIM) buffers along on -site streams as regulated by the Charlotte -Mecklenburg Stormwater Services. March 10, 2023 Project Figures: Figure 1 —Vicinity Map Figure 2 — USGS Topographic Map Figure 3 — Project Design Figure 4 — Impact Area 1 Figure 5 — Impact Area 2 N E _ 0 0 E V Z 0 .51 _ 2 00 0 V T 0 Z 0 z rj 0 a a oa'rrbrrghtpcc o v s � � H _S ,,jar Gar Creek Nature Preserve • r. lail° North ki Lake Mall orh e a Lake cr r\ �� il i nlage ; io,g ., Ater i Rd p_d S- ro tD v. o 7 i, Hornets Nest Regional Park Sunset Hills Golf Course Rtt 1 2 Miles 50n 21r * eNk'd a Rd G �-a 'h Nevin dO�4 Regional Park Ranson Dance High MWd� RibbonwaIk 9 Nature a tn. Preserve R L lem EastfE Id Regional N Park tvlalkar Creek High Re ▪ fr▪ o aq� Trachii r,olt nh REFERENCE: ESRI STREETMAP USA DATASET THIS MAP IS FOR INFORMATIONAL PURPOSES ONLY. ALL FEATURE LOCATIONS DISPLAYED ARE APPROXIMATED. THEY ARE NOT BASED ON CIVIL SURVEY INFORMATION, UNLESS STATED OTHERWISE. 1 VP North side Christian 1-95 COn, Acade y L2c Ca` U * Project Location VICINITY MAP SCALE: 1 " = 1.0 miles COUNTRYWOODS MOBILE HOME PARK 5201 VICTORIA AVENUE CHARLOTTE, MECKLENBURG COUNTY, NORTH CAROLINA DATE: 3-30-21 PROJECT NUMBER 212669 FIGURE NO. 1 16 INTERCHANGE 1a / / t . J: I IL OF : •_ { IF • „r 74" " ' is • - Go '1"'!e I,4116- 30 ul If c-dlyw 0 k0 4,000 i }� ~ FEET" �=' •f.� �' ' • • ' ;.�,.•. w �' �• s REFERENCE: 1996 DERITA [NC] USGS 1:24,000 QUAD SHEET MAP a THIS MAP IS FOR INFORMATIONAL PURPOSES ONLY. ALL FEATURE LOCATIONS DISPLAYED ARE APPROXIMATED. THEY ARE NOT BASED ON CIVIL SURVEY Q PROJECT AREA INFORMATION, UNLESS STATED OTHERWISE. 0 SCALE: FIGURE NO. USGS TOPOGRAPHIC MAP 1 = 2,000 DATE: I I COUNTRYWOODS MOBILE HOME PARK 3-30-21 2 5201 VICTORIA AVENUE PROJECT NUMBER CHARLOTTE, MECKLENBURG COUNTY, NORTH CAROLINA 212669 d by DHomans 03-10-2023 Drawina Path: \\EanvteDrive\Oos\Raleigh-1050\Proiects\2021 \212669 Bass. Nixon. Kennedy Countrvwoods MHP Due Diliaence Charlotte NC\GIS\3 siteolan.mxd i/♦r r rrlr r.r. .rrrr.+, ..�♦ar,r .'♦r, '7 JAMISON LN I •r .�'r AeI ii �I ,♦i,✓"Pi r-9, %V os4" 3," ✓i4t I %�, . r 41,4,..o .v.rr r. o.. ,irrooi♦ r%f w I.I.r,r, : A ▪ otr.. •Irl.r,r,+i IIr rnr ri%� rsir.r,o.. icr.c:srrr:r.ar.:. ♦♦♦.r 4 irriJ/ �!'tr. tr. /r %♦I /, r� lfir r�r I eiiirri�is�i�r r r srrrr, i} rrrr -� .sriii� rr ▪ fir w REFERENCE: 2022 AERIAL PHOTOGRAPH GIS BASE LAYERS WERE OBTAINED FROM MECKLENBURG COUNTY. ALL FEATURE LOCATIONS DISPLAYED ARE APPROXIMATED. THEY ARE NOT BASED ON CIVIL SURVEY INFORMATION, UNLESS STATED OTHERWISE. -,... rccr r, +..i CR NI. irrr., +. .7.v'r..J./:rr. lr I'♦I.I,� roo�' rrc% sr.r.rrrurr ar,+.srurr, ♦rcr,r,r, cr,.s IMPACT AREA 1- SEE FIGURE 4 IMPACT AREA 1- SEE FIGURE 5 MPACT V,q1.11,I iA JURISDICTIONAL STREAMS JURISDICTIONAL WETLANDS FEMA EXISTING 100-YEAR FLOODPLAIN PROJECT DESIGN 5201 VICTORIA AVENUE CHARLOTTE, MECKLENBURG COUNTY, NORTH CAROLINA SCALE: 1"=150' DATE: 3-10-23 PROJECT NUMBER 212669 FIGURE NO. 3 10 fol i� WETLAND IMPACT 1 0.009 Acres of Permanent Fill IMPACT to Wetland WA 4-00 0 o � o / v STREAM IMPACT 1 E 45 LF of Culverting of Stream S1 r /' a 8.0 Feet Average Width ,� w � 0.008 Acres of Stream Loss 0 fvn t 04 (Nt )r 744.72 ex = 744_58' �i ul 77 „= Y S WETLAND IMPACT 2 0.086 Acres of Permanent Fill to Wetland WD/WJ ' . } PERMANENT STREAM IMPACTS o � 3 _ PERMANENT WETLAND IMPACT '--- REFERENCE: LIMIT OF DISTURBANCE � 4 - THIS MAP IS FOR INFORMATIONAL PURPOSES ONLY. ALL FEATURE LOCATIONS DISPLAYED ARE 0 30 60 �r JURISDICTIONAL WETLANDS APPROXIMATED. THEY ARE NOT BASED ON CIVIL SURVEY INFORMATION, UNLESS STATED OTHERWISE. (FEET) JURISDICTIONAL STREAMS 0 SCALE: FIGURE NO. IMPACT AREA 1 1 " = 30 ' DATE: III COUNTRYWOODS MOBILE HOME PARK 3-9-23 4 5201 VICTORIA AVENUE PROJECT NUMBER CHARLOTTE, MECKLENBURG COUNTY, NORTH CAROLINA 212669 ted by DHomans 03-09-2023 E 2fre O fff QI 2 N N N i of c fre r" O 0 cr REFERENCE: THIS MAP IS FOR INFORMATIONAL PURPOSES ONLY. ALL FEATURE LOCATIONS DISPLAYED ARE APPROXIMATED. THEY ARE NOT BASED ON CIVIL SURVEY INFORMATION, UNLESS STATED OTHERWISE. 111, 82 LF of Culverting of Stream S6 5.9 Feet Average Width 0.011 Acres of Stream Loss PERMANENT STREAM IMPACTS LIMIT OF DISTURBANCE JURISDICTIONAL WETLANDS - JURISDICTIONAL STREAMS IMPACT AREA 2 COUNTRYWOODS MOBILE HOME PARK 5201 VICTORIA AVENUE CHARLOTTE, MECKLENBURG COUNTY, NORTH CAROLINA SCALE: 1"=20' DATE: 3-9-23 FIGURE NO. 5 PROJECT NUMBER 212669 Appendix I - Agent Authorization Form Proposal for Environrn@ntal and Natural Resource Services Countrywoods Mobile Home park r Charlotter Mecklenburg Coun;y, North Carolina �r S&ME proposal No. 212669 AGENT AUTHORI ,ATION AND RIGHT OF ENTRY FORM Date: cwz�( Project Information S&ME Project Name- Countrywoods Mobile Home Park Type of Project: Residential Location: 5201 Victoria Avenue, Charlotte, NC Property, Owner/Representative Information BLJSIfi@5$ Name:d^(,ta FOR Countrywoods Community, LLC/KD Mailing Akddmss 8480 Honeycutt Road, Suite 200 City, State, Zip code: _ Raleigh, NC 27615 Telephone No. 585-381-0570 Contact, t e �-?V } Kenyon Burnham Agent lnformatian Business Name: S&MEr Inc Street Address, 3201 Spring Forest Road Cityr State, Zip CDde= Raleigh. NC 27616 Telephone No. 704-231-3800 (cell) Contact,. s- Suzanne Knudsen Authorization_ 1 � ' _ , on behalf of (Contact Signature} v [ r`T9 (Name of Landowner or Representative) EL duly authorized owner of record aF the property] properties idemifted herein, hereby authorize S&ME to act as agent with the USCAE in connection with the above -mentioned project. By signing above, i also authorise representatives of the Wilmington District, U.S, Army Corps of Engineers (Corps) to enter upon the property herein described for the purposes of couduc&g on -site investigations, if necessary, and issuing a jurisdictional determination pursuant to 5ection404 of the Clean Water Act ansor Section 10 of the River and Harbors Act of 1989. 1, the above signed. am either a duly authorized owner of record of the property identified he ein, ar acting as the duly authorized agent of the owner of record of the property. March 1Sr 2021 Appendix II — Culvert Cross Section Drawings LL 0 LL 0 Appendix III — Federally Protected Species Documentation =0 December 6, 2022 Bass Nixon and Kennedy, Inc. 6310 Chapel Hill Road, Suite 250 Raleigh, NC 27607 Reference: Mr. Marty Bizzell, Sr. Principal Engineer Reference: Federally Protected Species Assessment Countrywoods Mobile Home Park 5201 Victoria Avenue Charlotte, Mecklenburg County, North Carolina S&ME Project No. 212669 Dear Mr. Bizzell, S&ME, Inc. (S&ME) performed this Federally Protected Species Assessment as compliance with the Endangered Species Act (ESA) in part of federal actions that may be required associated with Clean Water Act (CWA) Section 404/401 permitting services for proposed expansion of the Countrywoods Mobile Home Park ("project area"). The project area is approximately 27.86 acres and is located at 5201 Victoria Avenue in Charlotte, Mecklenburg County, North Carolina (Mecklenburg County tax parcel ID 03724101). This Federally Protected Species Assessment was performed in accordance with Change Order 1, dated October 26, 2022, that was incorporated into S&ME Proposal Number 212669. The project area is depicted on the Vicinity Map (Figure 1), United States Geological Survey (USGS) Topographic Map (Figure 2), a Site Map (Figure 3), and a United States Department of Agriculture (USDA) Soil Survey (Figure 4), and site photographs in Attachment I. On behalf of Bass Nixon and Kennedy, Inc., the information contained herein was prepared as part of an assessment of potential impacts to migratory birds of conservation concern (BCC); federally listed threatened, endangered, proposed, and candidate species; and designated critical habitat. METHODOLOGY S&ME personnel generated a report of federally listed threatened, endangered, proposed, and/or candidate species known to occur in Mecklenburg County using the United States Fish and Wildlife Service (USFWS) Information for Planning and Consultation (IPaQ online service and the North Carolina (NC) Natural Heritage Program (NHP) species reviewer website. Results of this review are presented in Table 2. USFWS and NCNHP database reports are included in Attachment II. Federally listed threatened, endangered, proposed, and candidate species information and site habitat observations were reviewed to determine their likely occurrence within the project area. Supporting information was researched for the purpose of identifying soil types and vegetative communities. The supporting information reviewed included aerial photography, topographic quadrangle maps, soil survey sheets, land use information, and data from the National Wetlands Inventory (NWI). The NCNHP database was also S&ME, Inc. 12016 Ayrsley Town Blvd., Suite 2-A I Charlotte, NC 282731 p 704-523-4726 1 www.smeinc.com Federally Protected Species Assessment Countrywoods Mobile Home Park Charlotte, Mecklenburg County, North Carolina S&ME Project No. 212669 consulted regarding documented Element Occurrences (EOs) for rare species, important natural communities, natural areas, or conservation/managed areas within the project area. Site Description Ms. Suzanne Knudsen, natural resource project manager, and Ms. Lauren Anderson, natural resources staff scientist, conducted a site reconnaissance of the project area on October 28, 2022 to identify potential habitat for federally listed threatened, endangered, proposed, and candidate species. If potential habitat was observed, an assessment for the presence of federally listed species was conducted. The project area can be categorized into the following habitat types: woodland, wetlands, easement, roadsides/fence line, and maintained lawn. Woodland Dominant vegetation within the woodland habitat include pawpaw (Asimina triloba), sweet gum (Liquidambar styraciflua), white oak (Quercus alba), red maple (Acer rubrum), American hornbeam (Carpinus caroliniana), tulip poplar (Liriodendron tulipifera), eastern redbud (Cercis canadensis), southern red oak (Quercus falcata), American beech (Fagus grandifolia), white oak (Quercus alba), Christmas fern (Polystichum acrostichoides), northern spicebush (Lindera benzoin), poison ivy (Toxicodendron radicans), Chinese privet (Ligustrum sinense), English ivy (Hedera helix), soft rush (Juncus effusus), Japanese honeysuckle (Lonicera japonica), and ghost pipe (Monotropa uni flora). Wetlands Dominant vegetation within the wetlands included eastern cottonwood saplings (Populus deltoides), water hickory (Carya aquatica), sweetgum, giant river cane (Arundinaria gigantea), tall white aster (Doellingeria umbellata), cutleaf coneflower (Rudbeckia laciniata), common blue violet (Viola sororia), bearded beggarticks (Bidens aristosa), trumpet vine (Campsis radicans), wingleaf primrose willow (Ludwigia decurrens), sensitive fern (Onoclea sensibilis), box elder (A. negundo), silky dogwood (Corpus amomum), northern spicebush, soft rush, Japanese honeysuckle, shallow sedge (Carex lurida), kidneyleaf buttercup (Ranunculus abortivus), jewelweed (Impatiens capensis), lettuceleaf saxifrage (Micranthes micranthidifolia), and purple -stem aster (Symphyotrichum puniceum). Easement The easement was recently cleared at the time of the habitat assessment and portions of the easement were within a wetland. Dominant vegetation within the easement included, Canada goldenrod (Solidago canadensis), broadleaf dock (Rumex obtusifolius), spotted lady's thumb (Persicaria maculosa), camphorweed (Pluchea odorata), and bearded beggarticks. Roadsides/Fence Line Dominant vegetation within the roadsides and fence line included black walnut saplings (Juglans nigra), pokeweed (Phytolacca decandra), ground ivy (Glechoma hederacea), lady's thumb, blackberry (Rubus sp.), broadleaf dock, Virginia creeper (Parthenocissus quinquefolia), red clover (Trifolium pratense), goldenrod, fireweed (Chamaenerion angustifolium), Japanese honeysuckle, and common copperleaf (Acalypha rhomboidei). 2 =0 Maintained Lawn Federally Protected Species Assessment Countrywoods Mobile Home Park Charlotte, Mecklenburg County, North Carolina S&ME Project No. 212669 Dominant vegetation within the maintained lawn included creeping woodsorrel (Oxalis corniculata), Iamb's ear (Stachys byzantina), crabgrass (Digitaria sp.), common turf grasses, broadleaf plantain (Plantago major), wild strawberry (Fragaria vesca), white clover (T. repens), and common copperleaf. According to the USDA Soil Survey Exhibit (Figure 4, Attachment 1), soils mapped within the project area include: Cecil sandy clay loam, two to 15 percent slopes. Moderately eroded (CeB2, CeD2) Enon sandy loam, two to 15 percent slopes (EnB, EnD) Monacan loam, 0 to 2 percent slopes. Frequently flooded (MO) MIGRATORY BIRDS OF CONSERVATION CONCERN The following migratory BCC information is intended to identify project area land uses that may be related to potential impacts to migratory BCC. The IPaC database report included a Resource List (Attachment 11) which addresses migratory BCC and their probability of presence on the project area. The IPaC report identified nine migratory BCC, as well as the bald eagle (Haliaeetus leucocephalus), that may occur within the project area. Migratory BCC are listed below in Table 1. Table 1— Migratory Birds of Conservation Concern for Mecklenburg County Common Name Bald Eagle Scientific Name Haliaeetus leucocephalus Breeding Season September 1 to July 31 Black -billed Cuckoo Coccyzus erythropthalmus March 15 to October 10 Chimney Swift Chaetura pelagica March 15 to August 25 Kentucky Warbler Oporornis formosus April 20 to August 20 Prairie Warbler Dendroica discolor May 1 to July 31 Prothonotary Warbler Protonotaria citrea April 1 to July 31 Red-headed Woodpecker Melanerpes erythrocephalus May 10 to September 10 Rusty Blackbird Euphagus carolinus Breeds elsewhere Wood Thrush Hylocichla mustelina May 10 to August 31 The USGS quadrangle map, aerial photographs including Google Earth imagery, and generated IPaC and NCNHP database reports (Attachment 11) were reviewed to determine the general land uses within a one -mile radius of the project area. The surrounding land use within the one -mile search radius is highly urbanized and primarily includes commercial facilities, woodland, and residential developments. A portion of Griffith Lakes is located approximately 2,800 linear feet (If) east of the project area. No other large surface water body features that could be conducive to migratory BCC concentrations, including the bald eagle, are located within the project area or within a one -mile radius. Federally Protected Species Assessment III Countrywoods Mobile Home Park Charlotte, Mecklenburg County, North Carolina S&ME Project No. 212669 SPECIES EVALUATION The IPaC report indicates that no designated critical habitat has been reported as occurring within the project area. NCNHP maintains a database of EOs for federal- and state -listed species, rare species, natural communities, natural areas, or conservation/managed areas in the state of North Carolina. The NCNHP database report did not identify any EOs located within the project area or within a one -mile radius of the project area for migratory BCC or federally listed species outlined in Table 1 or Table 2, respectively. Managed areas documented within a one - mile radius of the project area include two open spaces managed by the City of Charlotte. No migratory BCC or federally listed species for Mecklenburg County were observed during the habitat assessment. The IPaC report identified federally listed threatened, endangered, proposed, and candidate species that could occur within the project area. These species are listed in the following table: Table 2 — Federally Listed Threatened, Endangered, Proposed and Candidate Species for Mecklenburg County Common Name Bald Eagle Scientific Name Haliaeetus leucocephalus Federal Listing BGEPA Tricolored Bat Perimyotis subflavus Proposed Endangered Monarch Butterfly Danaus plexippus Candidate Michaux's Sumac Rhus michauxii Endangered Schweinitz's Sunflower Helianthus schweinitzii Endangered Smooth Coneflower Echinacea laevigata Threatened BGEPA = Bald and Gold Eagle Protection Act Bald Eagle BIOLOGICAL DETERMINATION: NO EFFECT This large raptor has characteristic adult plumage consisting of a white head and tail with a dark brown body. Juvenile eagles are completely dark brown and do not fully develop the majestic white head and tail until the fifth or sixth year. Adults average about three feet from head to tail, weigh approximately 10 to 12 pounds and have a wingspan that can reach seven feet. Generally, female bald eagles are larger than the males. A typical bald eagle nest is constructed of large sticks and is lined with soft materials such as pine needles and grasses. The nests are very large, measuring up to six feet across and weighing hundreds of pounds. Nesting and feeding sites are generally in the vicinity of large bodies of open water (coastlines, rivers, large lakes). Bald eagle nesting territories range from 2.5 square miles up to 15 square miles. A portion of Griffith Lakes is located approximately 2,800 If feet east of the project area. No other large bodies of water suitable for bald eagle feeding sites are within a one -mile radius of the project area. No large bodies of water are located within the project area. The NCNHP database has reported no bald eagle EOs within the project area or within a one -mile radius of the project area. No bald eagles or bald eagle nests were observed within the project area during the habitat assessment. Accordingly, future development of the project is expected to have no effect on the bald eagle. 12 Federally Protected Species Assessment III Countrywoods Mobile Home Park Charlotte, Mecklenburg County, North Carolina S&ME Project No. 212669 Tricolored Bat BIOLOGICAL DETERMINATION: NOT APPLICABLE TO PROPOSED SPECIES The tricolored bat has an average body length of 3 to 3.5 inches, with a wingspan of 9 inches. The tricolored bat is distinguished by its unique tricolored fur that appears dark at the base, lighter in the middle, and dark at the tip. Tricolored bats often appear yellowish, varying from pale yellow to nearly orange, but may also appear silvery - gray, chocolate brown, or black. Newly flying young are much darker and grayer than adults. During the spring, summer, and fall - collectively referred to as the non -hibernating seasons - tricolored bats primarily roost among live and dead leaf clusters of live or recently dead deciduous hardwood trees. In the southern and northern portions of the range, tricolored bats will also roost in Spanish moss (Tillandsia usneoides) and old man's beard lichen (Usnea trichodea), respectively. In addition, tricolored bats have been observed roosting during summer among pine needles, eastern red cedar (Juniperus virginiana), within artificial roosts like barns, beneath porch roofs, bridges, concrete bunkers, and rarely within caves. Female tricolored bats form maternity colonies and switch roost trees regularly. Males roost singly. During the winter, tricolored bats hibernate - which means that they reduce their metabolic rates, body temperatures and heart rate - in caves and mines; although, in the southern United States, where caves are sparse, tricolored bats often hibernate in road -associated culverts, as well as sometimes in tree cavities and abandoned water wells. Tricolored bats exhibit high site fidelity with many individuals returning year after year to the same hibernaculum. Woodland present within the project area contained suitable habitat for the tricolored bat due to the presence of mature deciduous hardwood trees capable of producing loose, peeling bark and leaf clusters. The NCNHP database query identified no known hibernation sites and/or roost trees. Additional consultation is not necessary because the tricolored bat is not a federally protected species at this time. As a result, a biological determination is not applicable to this species. However, if the tricolored bat becomes listed as an endangered species further consultation may be required as the removal of trees may affect this species. Monarch Butterfly BIOLOGICAL DETERMINATION: NOT APPLICABLE TO CANDIDATE SPECIES The monarch butterfly is a stunning bright orange insect with scattered white dots and black vein -like markings. The monarch butterfly's scientific name, Danaus plexippus, translated in Greek means "sleepy transformation" in reference to the species hibernation and metamorphosis. The monarch butterfly is also one of the few insect species that migrate. Monarch butterflies fly up to 2,500 miles from their breeding grounds in the United States and Canada to their overwintering spots in central Mexico. Monarch butterfly habitat includes fields, roadsides, and other open areas. Monarch butterflies require flowering plants within these habitats to feed on their nectar. Monarch butterflies breed in areas with milkweed, the host plant for their larva. Federally Protected Species Assessment III Countrywoods Mobile Home Park Charlotte, Mecklenburg County, North Carolina S&ME Project No. 212669 As a candidate species, there is no federal protection afforded for the monarch butterfly. However, the USFWS appreciates its inclusion into assessments. Suitable habitat exists in the wetland, easement, and roadside and fence line. No individuals of monarch butterfly or milkweed were observed during the habitat assessment. A biological determination for the monarch butterfly is not applicable to the proposed project as the monarch butterfly is a candidate species. Michaux's Sumac BIOLOGICAL DETERMINATION: NO EFFECT Michaux's sumac is a rhizomatous, densely hairy shrub with erect stems approximately one to three feet in height. The compound leaves are evenly serrated, oblong to lanceolate, acuminate leaflets. Flowers are small, borne in a terminal, erect, dense cluster and are greenish yellow to white in color. Michaux's sumac flowers between June and July and the fruit, a red drupe, is produced through the months of August to October. Michaux's sumac grows in sandy or rocky open woods in association with basic soils, surviving best in areas where some form of disturbance has provided an open area. In North Carolina, observed populations have been identified on roadsides or on the edges of artificially maintained clearings such as utility easements. This species does not tolerate shade or wet soils. The habitat assessment was conducted within the optimal survey window for this species (May through October). Suitable habitat was observed along the roadside and fence line. No individuals of Michaux's sumac were observed within the project area during the assessment. Accordingly, future development of the project is expected to have no effect on Michaux's sumac. Schweinitz's Sunflower BIOLOGICAL DETERMINATION: NO EFFECT Schweinitz's sunflower is a federally endangered wildflower species native to the piedmont regions of North and South Carolina. Its flowers are comprised of relatively small yellow disk flowers and yellow ray flowers. Schweinitz's sunflower has purple stems and slightly rough leaves. Schweinitz's sunflower provides nectar to pollinators such as insects, small mammals, and songbirds. It also serves as a larval host plant for the silvery checkerspot butterfly (Chlosyne nycteis), meaning it provides the nutrients silvery checkerspot caterpillars need to grow and develop. This species prefers habitat with dry, well -drained soils and full sunlight. This species relies on regular disturbance, such as fire or grazing wildlife, to maintain its preferred habitat. Schweinitz's sunflower is found along roadsides, forest openings, and utility easements. The habitat assessment was conducted within the optimal survey window for this species (late August through October). Suitable habitat was observed along the roadside and fence line. No individuals of Schweinitz's sunflower were observed within the project area during the habitat assessment. Accordingly, future development of the project is expected to have no effect on Schweinitz's sunflower. 0 =0 Smooth Coneflower BIOLOGICAL DETERMINATION: NO EFFECT Federally Protected Species Assessment Countrywoods Mobile Home Park Charlotte, Mecklenburg County, North Carolina S&ME Project No. 212669 Smooth coneflower is a perennial herb in the Aster family (Asteraceae) that grows up to 3.3 feet tall from a vertical root stock. The large leaves may reach eight inches in length and three inches in width and taper into long leafstalks toward the base. They are smooth to slightly rough in texture. Smooth coneflower is a composite, a cluster of flowers grouped together to form a single flower-like structure. Smooth coneflower has narrow, drooping, light pink to purplish petals that emerge rolled and appear string -like. The petals look droopy shortly after the flowers open. The protruding spike -like flowers that make-up the flower head or seed head give the genus Echinacea its name, from the Greek word echinos, which means spiny or prickly. The smooth coneflower can be distinguished from its most similar relative, the purple coneflower, by its leaves, which in the smooth coneflower are elliptical, and never heart -shaped, like those of the purple coneflower. Also, in purple coneflower, the ray flowers are more perky, not droopy like smooth coneflower. Smooth coneflower is typically found in open woods, glades, cedar barrens, roadsides, clear -cuts, dry limestone bluffs, and powerline easements, usually on basic magnesium and calcium rich soils associated with amphibolite, dolomite or limestone (in Virginia), gabbro (in North Carolina and Virginia), diabase (in North Carolina and South Carolina), and marble (in South Carolina and Georgia). Smooth coneflower occurs in plant communities that have been described as very dry hardpan forests, diabase glades, or dolomite woodlands. Optimal sites are characterized by abundant sunlight and little competition in the herbaceous layer. The habitat assessment was conducted within the optimal survey window for this species (late May through October). Suitable habitat was observed along the roadside and fence line. No individuals of smooth coneflower were observed within the project area during the assessment. No species of the genus Echinacea were observed within the project area during the habitat assessment. Accordingly, future development of the project is expected to have no effect on smooth coneflower. CONCLUSIONS Implementation of the proposed project should have No Effect on bald eagle, Michaux's sumac, Schweinitz's sunflower, and smooth coneflower. A biological determination is not required for the tricolored bat or the monarch butterfly due to their current proposed endangered and candidate listings, respectively. Since it is anticipated the proposed project will have No Effect on federally listed species, consultation with the USFWS is not warranted. 7 Federally Protected Species Assessment Countrywoods Mobile Home Park Charlotte, Mecklenburg County, North Carolina S&ME Project No. 212669 If there are questions concerning the evaluation, please contact Suzanne Knudsen at 704-231-3800 or sknudsen@smeinc.com. �CiUm- ' (�fi&Awu Lauren Anderson Natural Resources Staff Scientist Suzanne L. Knudsen Natural Resources Project Manager Senior Review by Chris Daves, Senior Scientist, PWS Attachments: Attachment I Figures Figure 1 — Site Vicinity Exhibit Figure 2 — USGS Exhibit Figure 3 — Site Map Figure 4 — USDA Soil Survey Exhibit Site Photographs Attachment 11 USFWS IPaC Database Report USFWS Resource List NCNHP Database Report 0 Attachment I - Figures and Site Photographs N E _ 0 0 E V Z 0 .51 _ 2 00 0 V T 0 Z 0 z rj 0 a a oa'rrbrrghtpcc o v s � � H _S ,,jar Gar Creek Nature Preserve • r. lail° North ki Lake Mall orh e a Lake cr r\ �� il i nlage ; io,g ., Ater i Rd p_d S- ro tD v. o 7 i, Hornets Nest Regional Park Sunset Hills Golf Course Rtt 1 2 Miles 50n 21r * eNk'd a Rd G �-a 'h Nevin dO�4 Regional Park Ranson Dance High MWd� RibbonwaIk 9 Nature a tn. Preserve R L lem EastfE Id Regional N Park tvlalkar Creek High Re ▪ fr▪ o aq� Trachii r,olt nh REFERENCE: ESRI STREETMAP USA DATASET THIS MAP IS FOR INFORMATIONAL PURPOSES ONLY. ALL FEATURE LOCATIONS DISPLAYED ARE APPROXIMATED. THEY ARE NOT BASED ON CIVIL SURVEY INFORMATION, UNLESS STATED OTHERWISE. 1 VP North side Christian 1-95 COn, Acade y L2c Ca` U * Project Location VICINITY MAP SCALE: 1 " = 1.0 miles COUNTRYWOODS MOBILE HOME PARK 5201 VICTORIA AVENUE CHARLOTTE, MECKLENBURG COUNTY, NORTH CAROLINA DATE: 3-30-21 PROJECT NUMBER 212669 FIGURE NO. 1 16 INTERCHANGE 1a / / t . J: I IL OF : •_ { IF • „r 74" " ' is • - Go '1"'!e I,4116- 30 ul If c-dlyw 0 k0 4,000 i }� ~ FEET" �=' •f.� �' ' • • ' ;.�,.•. w �' �• s REFERENCE: 1996 DERITA [NC] USGS 1:24,000 QUAD SHEET MAP a THIS MAP IS FOR INFORMATIONAL PURPOSES ONLY. ALL FEATURE LOCATIONS DISPLAYED ARE APPROXIMATED. THEY ARE NOT BASED ON CIVIL SURVEY Q PROJECT AREA INFORMATION, UNLESS STATED OTHERWISE. 0 SCALE: FIGURE NO. USGS TOPOGRAPHIC MAP 1 = 2,000 DATE: I I COUNTRYWOODS MOBILE HOME PARK 3-30-21 2 5201 VICTORIA AVENUE PROJECT NUMBER CHARLOTTE, MECKLENBURG COUNTY, NORTH CAROLINA 212669 E 0 x > i • f � 150 REFERENCE: 2020 AERIAL PHOTOGRAPH GIS BASE LAYERS WERE OBTAINED FROM MECKLENBURG COUNTY. ALL FEATURE LOCATIONS DISPLAYED ARE APPROXIMATED. THEY ARE NOT BASED ON CIVIL SURVEY INFORMATION, UNLESS STATED OTHERWISE. Da DDOX'C 1ABORD E,AV PROJECT AREA SITE MAP 5201 VICTORIA AVENUE CHARLOTTE, MECKLENBURG COUNTY, NORTH CAROLINA SCALE: 1"=150' DATE: 3-30-21 PROJECT NUMBER 212669 FIGURE NO. 3 E 0 T 0 E to 0 2 T 2 w eB2 EnD HARRIS-ITECHNOLOGY BV Soils: 500 1,000 (FEET REFERENCE: USDA SSURGO DATA SOILS DATA WAS OBTAINED FROM THE USDA WEB SOIL SURVEY ON 3-30-2021. THIS MAP IS FOR INFORMATIONAL PURPOSES ONLY. ALL FEATURE LOCATIONS DISPLAYED ARE APPROXIMATED. THEY ARE NOT BASED ON CIVIL SURVEY INFORMATION, UNLESS STATED OTHERWISE. • OP DR AVT-UMN_ VaB CeD2 p LABORDE=qV- . --cfa VaBo 0 \ ..-,g ( J O \"'\ c HeB a m o L\ HeB PROJECT AREA VaD ',/ CeB2 CeB2: Cecil sandy clay loam, 2 to 8 percent slopes, moderately eroded CeD2: Cecil sandy clay loam, 8 to 15 percent slopes, moderately eroded EnB: Enon sandy loam, 2 to 8 percent slopes EnD: Enon sandy loam, 8 to 15 percent slopes MO: Monacan loam, 0 to 2 percent slopes, frequently flooded USDA SOIL SURVEY COUNTRYWOODS MOBILE HOME PARK 5201 VICTORIA AVENUE CHARLOTTE, MECKLENBURG COUNTY, NORTH CAROLINA SCALE: 1"=500' 3-30-21 PROJECT NUMBER 212669 FIGURE NO. 4 Countrywoods Mobile Home Park 5201 Victoria Avenue Charlotte, Mecklenburg County, North Carolina S&ME Project No. 212669 �' � ice► � • •'�'' .'r' . ► `s ,: "� tea•" ��* �urw o CO CD �' �, � .� may•` -- } o 1 k, J + I'1. L •1 F Y� Q) 1 Trees within the woodland habitat of the project area were capable of producing loose or exfoliated bark suitable for tricolored bat roosting. �v r- y-+s � ii1�� � � ^y=,'d � 'fir � �-� ' ;,• .'3jt,:_ ,p� •`J��r ��;� • �3 t�,��� r, Pa f- -/� { l ' sty C\J CO �► ♦' Q a 2 The woodland within the project area contained fallen leaves suitable for tricolored bat roosting. Countrywoods Mobile Home Park 5201 Victoria Avenue Charlotte, Mecklenburg County, North Carolina S&ME Project No. 212669 N N O N CO N O 3 1 Wetland habitat in the northern portion of the project area. N N O N 00 N O 4 1 Several areas within the wetland habitat were inundated with water. Countrywoods Mobile Home Park 5201 Victoria Avenue Charlotte, Mecklenburg County, North Carolina S&ME Project No. 212669 _4 O 00 f`- r f fM i o JA •ice' t C roc- '^�f'�• f3. f� ', N �" *Y A �„ � .{���+�y��, .fir'' *.ij.►CY :'�"1'' p: - :.. The sewer easement habitat was too shaded and/or wet to support the J` federally protected flora species. A segment of the sewer easement was within wetland habitat. CO v yang} d f h � b ++ 1 y Y 6 1 A chain link fence supported vining plant species. Countrywoods Mobile Home Park 5201 Victoria Avenue Charlotte, Mecklenburg County, North Carolina S&ME Project No. 212669 K Ids 0l . &A N t N .»� �.. O N 00 ,tea y � +b a RZ ,7 Roadside habitat within a powerline easement contained saplings, vines, and herbaceous species. � N N O N 00 C r O C Q C v J N S Q Ol O O S a g Maintained lawn habitat within the project area contained various grass and groundcover species. iv Countrywoods Mobile Home Park 5201 Victoria Avenue Charlotte, Mecklenburg County, North Carolina S&ME Project No. 212669 u . N N N y 0000 r N -4 �_ .. The northeastern portion of the project area is being developed with modular 9 homes. This area contains maintained lawn and the majority of the groundcover is dirt and gravel. IA N N . 1 v c Q c v J U1 S Q Ol O a-+ a At the time of the assessment there had been recent tree clearing and the 10 creation of a construction path. This construction path begins in the Linortheastern portion of the project area. v Attachment II — USFWS IPaC Database Report; USFWS Species List; NCNHP Database Report 10/25/22, 4:36 PM IPaC: Explore Location resources IPaC U.S. Fish & Wildlife Service IPaC resource list This report is an automatically generated list of species and other resources such as critical habitat (collectively referred to as trust resources) under the U.S. Fish and Wildlife Service's (USFWS) jurisdiction that are known or expected to be on or near the project area referenced below. The list may also include trust resources that occur outside of the project area, but that could potentially be directly or indirectly affected by activities in the project area. However, determining the likelihood and extent of effects a project may have on trust resources typically requires gathering additional site -specific (e.g., vegetation/species surveys) and project -specific (e.g., magnitude and timing of proposed activities) information\ Below is a summary of the project information you provided and contact information for the USFWS office(s) with jurisdiction in the defined project area. Please read the introduction to each section that follows (Endangered Species, Migratory Birds, USFWS Facilities, and NWI Wetlands) for additional information applicable to the trust resources addressed in that section. Location Mecklenburg County, North Carolina `Dr 3t 1 S�VmP 1-0.0 Oki Q 7 4 Local office Asheville Ecological Services Field Office t. (828) 258-3939 (828) 258-5330 160 Zillicoa Street https://ipac.ecosphere.f\Ns.gov/location/LXPRDHBJJVDGZCZQLCPLTW4LGi/resources 1 /13 10/25/22, 4:36 PM Asheville, NC 28801-1082 IPaC: Explore Location resources I https://ipac.ecosphere.f\Ns.gov/location/LXPRDHBJJVDGZCZQLCPLTW4LGi/resources 2/13 10/25/22, 4:36 PM IPaC: Explore Location resources Endangered species This resource list is for informational purposes only and does not constitute an analysis of project level impacts. The primary information used to generate this list is the known or expected range of each species. Additional areas of influence (AOI) for species are also considered. An AOI includes areas outside of the species range if the species could be indirectly affected by activities in that area (e.g., placing a dam upstream of a fish population even if that fish does not occur at the dam site, may indirectly impact the species by reducing or eliminating water flow downstream). Because species can move, and site conditions can change, the species on this list are not guaranteed to be found on or near the project area. To fully determine any potential effects to species, additional site -specific and project -specific information is often required. # 4'4%L % Section 7 of the Endangered Species Act requires Federal agencies to "request of the Secretary information whether any species which is listed or proposed to be listed may be present in the area of such proposed action" for any project that is conducted, permitted, funded, or licensed by any Federal agency. A letter from the local office and a species list which fulfills this requirement can only be obtained by requesting an official species list from either the Regulatory Review section in IPaC (see directions below) or from the local field office directly. V �.. For project evaluations that require USFWS concurrence/review, please return to the IPaC website and request an official species list by doing the following: 1. Draw the project location and click CONTINUE. 2. Click DEFINE PROJECT. 3. Log in (if directed to do so). 4. Provide a name and description for your project. 5. Click REQUEST SPECIES LIST. Listed species! and their critical habitats are managed by the Ecological Services Program of the U.S. Fish and Wildlife Service (USFWS) and the fisheries division of the National Oceanic and Atmospheric Administration (NOAA Fisheries). Species and critical habitats under the sole responsibility of NOAA Fisheries are not shown on this list. Please contact NOAA Fisheries for species under theirjurisdiction. 1. Species listed under the Endangered Species Act are threatened or endangered; IPaC also shows species that are candidates, or proposed, for listing. See the listing status page for more information. IPaC only shows species that are regulated by USFWS (see FAQ). https://ipac.ecosphere.f\Ns.gov/location/LXPRDHBJJVDGZCZQLCPLTW4LGi/resources 3/13 10/25/22, 4:36 PM IPaC: Explore Location resources 2. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce. The following species are potentially affected by activities in this location: Mammals NAME Tricolored Bat Perimyotis subflavus Wherever found No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/10515 Insects NAME STATUS Proposed Endangered STATUS Monarch Butterfly Danaus plexippus Candidate Wherever found No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/9743 1490) Flowering Plants NAME Michaux's Sumac Rhus michauxii .0 C) STATUS Wherever found No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/5217 %%*.& --VV- Schweinitz's Sunflower Helianthus schweinitzii Wherever found No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/3849 Smooth Coneflower Echinacea laevigata Wherever found No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/3473 Critical habitats Endangered Endangered Threatened https://ipac.ecosphere.f\Ns.gov/location/LXPRDHBJJVDGZCZQLCPLTW4LGi/resources 4/13 10/25/22, 4:36 PM IPaC: Explore Location resources Potential effects to critical habitat(s) in this location must be analyzed along with the endangered species themselves. There are no critical habitats at this location. Migratory birds Certain birds are protected under the Migratory Bird Treaty Actl and the Bald and Golden Eagle Protection Acts. Any person or organization who plans or conducts activities that may result in impacts to migratory birds, eagles, and their habitats should follow appropriate regulations and consider implementing appropriate conservation measures, as described below. 1. The Migratory Birds Treaty Act of 1918. 2. The Bald and Golden Eagle Protection Act of 1940. Additional information can be found using the following links. • Birds of Conservation Concern https://www.fws.gQv//program/migratory-birds/species • Measures for avoiding and minimizing impacts to birds https://www.fws.gov/library/collections/avoiding-and-minimizing-incidental-take- migratory-birds • Nationwide conservation measures for birds https://www.fws.gov/sites/default/files/documents/nationwide-standard-conservation- measures.pdf The birds listed below are birds of particular concern either because they occur on the USFWS Birds of Conservation Concern (BCC) list or warrant special attention in your project location. To learn more about the levels of concern for birds on your list and how this list is generated, see the FAQ below. This is not a list of every bird you may find in this location, nor a guarantee that every bird on this list will be found in your project area. To see exact locations of where birders and the general public have sighted birds in and around your project area, visit the E-bird data mapping tool (Tip: enter your location, desired date range and a species on your list). For projects that occur off the Atlantic Coast, additional maps and models detailing the relative occurrence and abundance of bird species on your list are available. Links to additional information about Atlantic Coast birds, and other important information about your migratory bird list, including how to properly interpret and use your migratory bird report, can be found below. https://ipac.ecosphere.f\Ns.gov/location/LXPRDHBJJVDGZCZQLCPLTW4LGi/resources 5/13 10/25/22, 4:36 PM IPaC: Explore Location resources For guidance on when to schedule activities or implement avoidance and minimization measures to reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE SUMMARY at the top of your list to see when these birds are most likely to be present and breeding in your project area. NAME Bald Eagle Haliaeetus leucocephalus This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. Black -billed Cuckoo Coccyzus erythropthalmus This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. https://ecos.fws.gov/ecp/species/9399 BREEDING SEASON Breeds Sep 1 to Jul 31 Breeds May 15 to Oct 10 i4o VAN Chimney Swift Chaetura pelagica t Breeds Mar 15 to Aug 25 This is a Bird of Conservation Concern (BCC) throughout '. range in the continental USA and Alaska. Kentucky Warbler Oporornis formosus Breeds Apr 20 to Aug 20 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Prairie Warbler Dendroica discolor This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Prothonotary Warbler Protonotaria citrea This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Red-headed Woodpecker Melanerpes erythrocephalus This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Rusty Blackbird Euphagus carolinus This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions (BCRs) in the continental USA Breeds May 1 to Jul 31 Breeds Apr 1 to jul 31 Breeds May 10 to Sep 10 Breeds elsewhere https://ipac.ecosphere.f\Ns.gov/location/LXPRDHBJJVDGZCZQLCPLTW4LGi/resources 6/13 10/25/22, 4:36 PM IPaC: Explore Location resources Wood Thrush Hylocichla mustelina Breeds May 10 to Aug 31 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Probability of Presence Summary The graphs below provide our best understanding of when birds of concern are most likely to be present in your project area. This information can be used to tailor and schedule your project activities to avoid or minimize impacts to birds. Please make sure you read and understand the FAQ "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting to interpret this report. Probability of Presence (■) Each green bar represents the bird's relative probability of presence in the 10km grid cell(s) your project overlaps during a particular week of the year. (A year is represented as 12 4- week months.) A taller bar indicates a higher probability of species presence. The survey effort (see below) can be used to establish a level of confidence in the presence score. One can have higher confidence in the presence score if the corresponding survey effort is also high. CN * How is the probability of presence score calculated? The calculation is done in three steps: 1. The probability of presence for each week is calculated as the number of survey events in the week where the species was detected divided by the total number of survey events for that week. For example, if in week 12 there were 20 survey events and the Spotted Towhee was found in 5 of them, the probability of presence of the Spotted Towhee in week 12 is 0.25. 2. To properly present the pattern of presence across the year, the relative probability of presence is calculated. This is the probability of presence divided by the maximum probability of presence across all weeks. For example, imagine the probability of presence in week 20 for the Spotted Towhee is 0.05, and that the probability of presence at week 12 (0.25) is the maximum of any week of the year. The relative probability of presence on week 12 is 0.25/0.25 = 1; at week 20 it is 0.05/0.25 = 0.2. 3. The relative probability of presence calculated in the previous step undergoes a statistical conversion so that all possible values fall between 0 and 10, inclusive. This is the probability of presence score. To see a bar's probability of presence score, simply hover your mouse cursor over the bar. Breeding Season( ) Yellow bars denote a very liberal estimate of the time -frame inside which the bird breeds across its entire range. If there are no yellow bars shown for a bird, it does not breed in your project area. Survey Effort (1) https://ipac.ecosphere.f\Ns.gov/location/LXPRDHBJJVDGZCZQLCPLTW4LGi/resources 7/13 10/25/22, 4:36 PM IPaC: Explore Location resources Vertical black lines superimposed on probability of presence bars indicate the number of surveys performed for that species in the 10km grid cell(s) your project area overlaps. The number of surveys is expressed as a range, for example, 33 to 64 surveys. To see a bar's survey effort range, simply hover your mouse cursor over the bar. No Data( ) A week is marked as having no data if there were no survey events for that week. Survey Timeframe Surveys from only the last 10 years are used in order to ensure delivery of currently relevant information. The exception to this is areas off the Atlantic coast, where bird returns are based on all years of available data, since data in these areas is currently much more sparse. probability of presence breeding season . survey effort no data SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Bald Eagle I I I I I I I I I I I I I I +++++ +++— +—++ 4—+ ®� I I 1 I Non -BCC Vulnerable Black -billed ++++ ++++ ++++ ++ ' ++ Cuckoo +++�----�+— +LP4� ++ ++++ ++++ BCC Rangewide (CON) ■■ Chimney Swift ++++ ++++ +++, �®��++ + + + BCC Rangewide (CON) Kentucky AlI• ERF"n" �� � I�I•W' ++++ +++ + ++' + $+++ +++— +—++ +—+ ++++ ++++ ++++ ++++ Warbler BCC Rangewide (CON) Prairie Warbler i _1-4- -+---- + +--++ +++ BCC Rangewide (CON) — Prothonotary I +++ ++++ ++++ +++1 ++++ ++++ ++++ Warbler BCC Rangewide (CON) Red-headed +'++ +,++ ++11+1010++ +— + 1+ I I I I I I F'+' + Woodpecker BCC Rangewide (CON) Rusty Blackbird ++++ ++++ +++I ++++ ++++ +++— +—++ +--+ +] I I f+++ ++++ ++++ BCC - BCR Wood Thrush ++++ ++++ ++++ "'' 11 f jil"1„ 7177 "'' L1 1 + ++++ ++++ BCC Rangewide (CON) https://ipac.ecosphere.fws.gov/location/LXPRDHBJJVDGZCZQLCPLTW4LGI/resources 8/13 10/25/22, 4:36 PM IPaC: Explore Location resources Tell me more about conservation measures I can implement to avoid or minimize impacts to migratory birds. Nationwide Conservation Measures describes measures that can help avoid and minimize impacts to all birds at any location year round. Implementation of these measures is particularly important when birds are most likely to occur in the project area. When birds may be breeding in the area, identifying the locations of any active nests and avoiding their destruction is a very helpful impact minimization measure. To see when birds are most likely to occur and be breeding in your project area, view the Probability of Presence Summary. Additional measures or permits may be advisable depending on the type of activity you are conducting and the type of infrastructure or bird species present on your project site. What does IPaC use to generate the list of migratory birds that potentially occur in my specified location? The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern (BCC). and other species that may warrant special attention in your project location. The migratory bird list generated for your project is derived from data provided by the Avian Knowledge Network (AKN). The AKN data is based on a growing collection of survey., banding, and citizen science datasets and is queried and filtered to return a list of those birds reported as occurring in the 10km grid cell(s) which your project intersects, and that have been identified as warranting special attention because they are a BCC species in that area, an eagle (Eagle Act requirements may apply), or a species that has a particular vulnerability to offshore activities or development. NWO Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your project area. It is not representative of all birds that may occur in your project area. To get a list of all birds potentially present in your project area, please visit the Rapid Avian Information Locator (RAIL) Tool. What does IPaC use to generate the probability of presence graphs for the migratory birds potentially occurring in my specified location? The probability of presence graphs associated with your migratory bird list are based on data provided by the Avian Knowledge Network (AKN). This data is derived from a growing collection of survey., banding, and citizen science datasets. Probability of presence data is continuously being updated as new and better information becomes available. To learn more about how the probability of presence graphs are produced and how to interpret them, go the Probability of Presence Summary and then click on the "Tell me about these graphs" link. How do I know if a bird is breeding, wintering or migrating in my area? To see what part of a particular bird's range your project area falls within (i.e. breeding, wintering, migrating or year-round), you may query your location using the RAIL Tool and look at the range maps provided for birds in your area at the bottom of the profiles provided for each bird in your results. If a bird on your migratory bird species list has a breeding season associated with it, if that bird does occur in your project area, there may be nests present at some point within the timeframe specified. If "Breeds elsewhere" is indicated, then the bird likely does not breed in your project area. What are the levels of concern for migratory birds? Migratory birds delivered through IPaC fall into the following distinct categories of concern: https://ipac.ecosphere.f\Ns.gov/location/LXPRDHBJJVDGZCZQLCPLTW4LGi/resources 9/13 10/25/22, 4:36 PM IPaC: Explore Location resources "BCC Rangewide" birds are Birds of Conservation Concern (BCC) that are of concern throughout their range anywhere within the USA (including Hawaii, the Pacific Islands, Puerto Rico, and the Virgin Islands); 2. "BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation Regions (BCRs) in the continental USA; and 3. "Non -BCC - Vulnerable" birds are not BCC species in your project area, but appear on your list either because of the Eagle Act requirements (for eagles) or (for non -eagles) potential susceptibilities in offshore areas from certain types of development or activities (e.g. offshore energy development or longline fishing). Although it is important to try to avoid and minimize impacts to all birds, efforts should be made, in particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC species of rangewide concern. For more information on conservation measures you can implement to help avoid and minimize migratory bird impacts and requirements for eagles, please see the FAQs for these topics. Details about birds that are potentially affected by offshore projects t ( ­q* For additional details about the relative occurrence and abundance of both individual bird species and groups of bird species within your project area off the Atlantic Coast, please visit the Northeast Ocean Data Portal. The Portal also offers data and information about other taxa besides birds that may be helpful to you in your project review. Alternately, you may download the bird model results files underlying the portal maps through the NOAA NCCOS Integrative Statistical Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic Outer Continental Shelf project webpage. Bird tracking data can also provide additional details about occurrence and habitat use throughout the year, including migration. Models relying on survey data may not include this information. For additional information on marine bird tracking data, see the Diving Bird Study and the nanotag studies or contact Caleb Spiegel or Pam Loring. i? What if I have eagles on my list? If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid violating the Eagle Act should such impacts occur. Proper Interpretation and Use of Your Migratory Bird Report The migratory bird list generated is not a list of all birds in your project area, only a subset of birds of priority concern. To learn more about how your list is generated, and see options for identifying what other birds may be in your project area, please see the FAQ "What does IPaC use to generate the migratory birds potentially occurring in my specified location". Please be aware this report provides the "probability of presence" of birds within the 10 km grid cell(s) that overlap your project; not your exact project footprint. On the graphs provided, please also look carefully at the survey effort (indicated by the black vertical bar) and for the existence of the "no data" indicator (a red horizontal bar). A high survey effort is the key component. If the survey effort is high, then the probability of presence score can be viewed as more dependable. In contrast, a low survey effort bar or no data bar means a lack of data and, therefore, a lack of certainty about presence of the species. This list is not perfect; it is simply a starting point for identifying what birds of concern have the potential to be in your project area, when they might be there, and if they might be breeding (which means nests might be present). The list helps you know what to look for to confirm presence, and helps guide you in knowing when to implement conservation measures to avoid or minimize potential impacts from your project activities, should presence be confirmed. To learn https://ipac.ecosphere.f\Ns.gov/location/LXPRDHBJJVDGZCZQLCPLTW4LGi/resources 10/13 10/25/22, 4:36 PM IPaC: Explore Location resources more about conservation measures, visit the FAQ "Tell me about conservation measures I can implement to avoid or minimize impacts to migratory birds" at the bottom of your migratory bird trust resources page. Coastal Barrier Resources System Projects within the John H. Chafee Coastal Barrier Resources System (CBRS) may be subject to the restrictions on federal expenditures and financial assistance and the consultation requirements of the Coastal Barrier Resources Act (CBRA) (16 U.S.C. 3501 et seq.). For more information, please contact the local Ecological Services Field Office or visit the CBRA Consultations website. The CBRA website provides tools such as a flow chart to help determine whether consultation is required and a template to facilitate the consultation process. \ Q z There are no known coastal barriers at this location. Data limitations The CBRS boundaries used in IPaC are representations of the controlling boundaries, which are depicted on the official CBRS maps. The boundaries depicted in this layer are not to be considered authoritative for in/out determinations close to a CBRS boundary (i.e., within the "CBRS Buffer Zone" that appears as a hatched area on either side of the boundary). For projects that are very close to a CBRS boundary but do not clearly intersect a unit, you may contact the Service for an official determination by following the instructions here: https://www.fws.gov/service/coastal-barrier-resources-system-property-documentation Data exclusions CBRS units extend seaward out to either the 20- or 30-foot bathymetric contour (depending on the location of the unit). The true seaward extent of the units is not shown in the CBRS data, therefore projects in the offshore areas of units (e.g., dredging, breakwaters, offshore wind energy or oil and gas projects) may be subject to CBRA even if they do not intersect the CBRS data. For additional information, please contact CBRA@fws.gov. Facilities National Wildlife Refuge lands Any activity proposed on lands managed by the National Wildlife Refuge system must undergo a 'Compatibility Determination' conducted by the Refuge. Please contact the individual Refuges to discuss any questions or concerns. https://ipac.ecosphere.f\Ns.gov/location/LXPRDHBJJVDGZCZQLCPLTW4LGi/resources 11 /13 10/25/22, 4:36 PM IPaC: Explore Location resources There are no refuge lands at this location. Fish hatcheries There are no fish hatcheries at this location. Wetlands in the National Wetlands Inventory (NWI) n\A Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under Section 404 of the Clean Water Act, or other State/Federal statutes' Pk,,** For more information please contact the Regulatory Program of the local U.S. Army Corps of Engineers District. \S\J i r' Wetland information is not available at this time This can happen when the National Wetlands Inventory (NWI) map service is unavailable, or for very large projects that intersect many wetland areas. Try again, or visit the NWI map to view wetlands at this location. .oe Data limitations The Service's objective of mapping wetlands and deepwater habitats is to produce reconnaissance level information on the location, type and size of these resources. The maps are prepared from the analysis of high altitude imagery. Wetlands are identified based on vegetation, visible hydrology and geography. A margin of error is inherent in the use of imagery; thus, detailed on -the -ground inspection of any particular site may result in revision of the wetland boundaries or classification established through image analysis. The accuracy of image interpretation depends on the quality of the imagery, the experience of the image analysts, the amount and quality of the collateral data and the amount of ground truth verification work conducted. Metadata should be consulted to determine the date of the source imagery used and any mapping problems. Wetlands or other mapped features may have changed since the date of the imagery or field work. There may be occasional differences in polygon boundaries or classifications between the information depicted on the map and the actual conditions on site. Data exclusions https://ipac.ecosphere.f\Ns.gov/location/LXPRDHBJJVDGZCZQLCPLTW4LGi/resources 12/13 10/25/22, 4:36 PM IPaC: Explore Location resources Certain wetland habitats are excluded from the National mapping program because of the limitations of aerial imagery as the primary data source used to detect wetlands. These habitats include seagrasses or submerged aquatic vegetation that are found in the intertidal and subtidal zones of estuaries and nearshore coastal waters. Some deepwater reef communities (coral or tuberficid worm reefs) have also been excluded from the inventory. These habitats, because of their depth, go undetected by aerial imagery. Data precautions Federal, state, and local regulatory agencies with jurisdiction over wetlands may define and describe wetlands in a different manner than that used in this inventory. There is no attempt, in either the design or products of this inventory, to define the limits of proprietary jurisdiction of any Federal, state, or local government or to establish the geographical scope of the regulatory programs of government agencies. Persons intending to engage in activities involving modifications within or adjacent to wetland areas should seek the advice of appropriate federal, state, or local agencies concerning specified agency regulatory programs and proprietary jurisdictions that may affect such activities. C)O https://ipac.ecosphere.f\Ns.gov/location/LXPRDHBJJVDGZCZQLCPLTW4LGi/resources 13/13 United States Department of the Interior FISH AND WILDLIFE SERVICE Asheville Ecological Services Field Office 160 Zillicoa Street Asheville, NC 28801-1082 Phone: (828) 258-3939 Fax: (828) 258-5330 In Reply Refer To: Project Code: 2023-0008643 Project Name: Countrywoods MHP October 25, 2022 Subject: List of threatened and endangered species that may occur in your proposed project location or may be affected by your proposed project To Whom It May Concern: The enclosed species list identifies threatened, endangered, proposed and candidate species, as well as proposed and designated critical habitat, that may occur within the boundary of your proposed project and/or may be affected by your proposed project. The enclosed species list fulfills the requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). Please note that new species information can change your official species list. Under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act, the accuracy of this species list should be verified after 90 days. The Service recommends you visit the ECOS-IPaC website at regular intervals during project planning and implementation to ensure your species list is accurate or obtain an updated species list. The purpose of the Act is to provide a means whereby threatened and endangered species and the ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to utilize their authorities to carry out programs for the conservation of threatened and endangered species and to determine whether projects may affect threatened and endangered species and/or designated critical habitat. A biological assessment (BA) or biological evaluation (BE) should be completed for your project. A BA is required for major construction activities (or other undertakings having similar physical impacts) considered to be Federal actions significantly affecting the quality of the human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2) (c)) (NEPA). For projects other than major construction activities, the Service suggests that a BE be prepared to determine effects of the action and whether those effects may affect listed species and/or designated critical habitat. E?ects of the action are all consequences to listed species or critical habitat that are caused by the proposed action, including the consequences of other 10/25/2022 activities that are caused by the proposed action. A consequence is caused by the proposed action if it is reasonably certain to occur and would not occur "but for" the proposed action.. Recommended contents of a BA/BE are described at 50 CFR 402.12. More information and resources about project review and preparing a BA/BE can be found at the following web link: https://www.fws. gov/office/asheville-ecological-services/asheville-field-office-online-review- process-overview. If a Federal agency determines listed species and/or designated critical habitat may be affected by the proposed project, the agency is required to consult with the Service pursuant to 50 CFR 402. The Service is not required to concur with "no effect" determinations from Federal action agencies. If consultation is required, the Service recommends that candidate species, proposed species, proposed critical habitat, and at -risk species be addressed within the consultation. More information on the regulations and procedures for section 7 consultation, including the role of permit or licensed applicants, can be found in the "Endangered Species Consultation Handbook" at the following web link: https://www.fws.gov/media/endangered-species-consultation- handbook. Migratory Birds: In addition to responsibilities to protect threatened and endangered species under the Act, there are additional responsibilities under the Migratory Bird Treaty Act (MBTA) and the Bald and Golden Eagle Protection Act (BGEPA) to protect native birds from project - related impacts. Any activity, intentional or unintentional, resulting in take of migratory birds, including eagles, is prohibited unless otherwise permitted by the Service (50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)). More information about MBTA and BGEPA can be found at the following web link: https://www.fws.gov/program/migratory-birds. We appreciate your consideration of Federally listed species. The Service encourages Federal agencies to include conservation of threatened and endangered species in their project planning to further the purposes of the Act. Please contact our staff at 828-258-3939, if you have any questions. In any future correspondence concerning this project, please reference the Consultation Code which can be found in the header of this letter. Attachment(s): • Official Species List • USFWS National Wildlife Refuges and Fish Hatcheries • Migratory Birds • Wetlands 10/25/2022 Official Species List This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the requirement for Federal agencies to "request of the Secretary of the Interior information whether any species which is listed or proposed to be listed may be present in the area of a proposed action". This species list is provided by: Asheville Ecological Services Field Office 160 Zillicoa Street Asheville, NC 28801-1082 (828) 258-3939 10/25/2022 Project Summary Project Code: 2023-0008643 Project Name: Project Type: Project Description: Project Location: Countrywoods MHP Acquisition of Lands Mobile home project Approximate location of the project can be viewed in Google Maps: https: www. google.com/maps/(a)35.32939450000001,-80.83458982195614,14z t3 ktr i 7 n .1iC}akr;r Cveek F•ark Or F Counties: Mecklenburg County, North Carolina b i r. 5 10/25/2022 3 Endangered Species Act Species There is a total of 5 threatened, endangered, or candidate species on this species list. Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species. IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA Fisheriesi, as USFWS does not have the authority to speak on behalf of NOAA and the Department of Commerce. See the "Critical habitats" section below for those critical habitats that lie wholly or partially within your project area under this office's jurisdiction. Please contact the designated FWS office if you have questions. 1. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce. Mammals NAME STATUS Tricolored Bat Perimyotis subflavus Proposed No critical habitat has been designated for this species. Endangered Species profile: https:Hecos.fws.gov/ecp/species/10515 Insects NAME STATUS Monarch Butterfly Danaus plexippus Candidate No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/9743 Flowering Plants NAME STATUS Michaux's Sumac Rhus michauxii Endangered No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/5217 Schweinitz's Sunflower Helianthus schweinitzii Endangered No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/3849 Smooth Coneflower Echinacea laevigata Threatened No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/3473 10/25/2022 Critical habitats THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. 10/25/2022 USFWS National Wildlife Refuge Lands And Fish Hatcheries Any activity proposed on lands managed by the National Wildlife Refuge system must undergo a 'Compatibility Determination' conducted by the Refuge. Please contact the individual Refuges to discuss any questions or concerns. THERE ARE NO REFUGE LANDS OR FISH HATCHERIES WITHIN YOUR PROJECT AREA. 10/25/2022 Migratory Birds Certain birds are protected under the Migratory Bird Treaty Act! and the Bald and Golden Eagle Protection Actz. Any person or organization who plans or conducts activities that may result in impacts to migratory birds, eagles, and their habitats should follow appropriate regulations and consider implementing appropriate conservation measures, as described below. 1. The Migratory Birds Treat. Act of 1918. 2. The Bald and Golden Eagle Protection Act of 1940. 3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a) The birds listed below are birds of particular concern either because they occur on the USFWS Birds of Conservation Concern (BCC) list or warrant special attention in your project location. To learn more about the levels of concern for birds on your list and how this list is generated, see the FAQ below. This is not a list of every bird you may find in this location, nor a guarantee that every bird on this list will be found in your project area. To see exact locations of where birders and the general public have sighted birds in and around your project area, visit the E-bird data mapping tool (Tip: enter your location, desired date range and a species on your list). For projects that occur off the Atlantic Coast, additional maps and models detailing the relative occurrence and abundance of bird species on your list are available. Links to additional information about Atlantic Coast birds, and other important information about your migratory bird list, including how to properly interpret and use your migratory bird report, can be found below. For guidance on when to schedule activities or implement avoidance and minimization measures to reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE SUMMARY at the top of your list to see when these birds are most likely to be present and breeding in your project area. BREEDING NAME SEASON Bald Eagle Haliaeetus leucocephalus Breeds Sep 1 to This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention Jul 31 because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. Black -billed Cuckoo Coccyzus erythropthalmus Breeds May 15 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Oct 10 and Alaska. https:Hecos.fws.gov/ecp/species/9399 10/25/2022 BREEDING NAME SEASON Chimney Swift Chaetura pelagica Breeds Mar 15 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 25 and Alaska. Kentucky Warbler Oporornis formosus Breeds Apr 20 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 20 and Alaska. Prairie Warbler Dendroica discolor Breeds May 1 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Jul 31 and Alaska. Prothonotary Warbler Protonotaria citrea Breeds Apr 1 to This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA Jul 31 and Alaska. Red-headed Woodpecker Melanerpes erythrocephalus Breeds May 10 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Sep 10 and Alaska. Rusty Blackbird Euphagus carolinus Breeds This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions elsewhere (BCRs) in the continental USA Wood Thrush Hylocichla mustelina Breeds May 10 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 31 and Alaska. Probability Of Presence Summary The graphs below provide our best understanding of when birds of concern are most likely to be present in your project area. This information can be used to tailor and schedule your project activities to avoid or minimize impacts to birds. Please make sure you read and understand the FAQ "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting to interpret this report. Probability of Presence (■) Each green bar represents the bird's relative probability of presence in the 10km grid cell(s) your project overlaps during a particular week of the year. (A year is represented as 12 4-week months.) A taller bar indicates a higher probability of species presence. The survey effort (see below) can be used to establish a level of confidence in the presence score. One can have higher confidence in the presence score if the corresponding survey effort is also high. How is the probability of presence score calculated? The calculation is done in three steps: The probability of presence for each week is calculated as the number of survey events in the week where the species was detected divided by the total number of survey events for that week. For example, if in week 12 there were 20 survey events and the Spotted Towhee 10/25/2022 was found in 5 of them, the probability of presence of the Spotted Towhee in week 12 is 0.25. 2. To properly present the pattern of presence across the year, the relative probability of presence is calculated. This is the probability of presence divided by the maximum probability of presence across all weeks. For example, imagine the probability of presence in week 20 for the Spotted Towhee is 0.05, and that the probability of presence at week 12 (0.25) is the maximum of any week of the year. The relative probability of presence on week 12 is 0.25/0.25 = 1; at week 20 it is 0.05/0.25 = 0.2. 3. The relative probability of presence calculated in the previous step undergoes a statistical conversion so that all possible values fall between 0 and 10, inclusive. This is the probability of presence score. Breeding Season( ) Yellow bars denote a very liberal estimate of the time -frame inside which the bird breeds across its entire range. If there are no yellow bars shown for a bird, it does not breed in your project area. Survey Effort (1) Vertical black lines superimposed on probability of presence bars indicate the number of surveys performed for that species in the 10km grid cell(s) your project area overlaps. The number of surveys is expressed as a range, for example, 33 to 64 surveys. No Data (—) A week is marked as having no data if there were no survey events for that week. Survey Timeframe Surveys from only the last 10 years are used in order to ensure delivery of currently relevant information. The exception to this is areas off the Atlantic coast, where bird returns are based on all years of available data, since data in these areas is currently much more sparse. — probability of presence breeding season I survey effort — no data SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Bald Eagle ii;' ■ "'1VNon-BCCulncable ;i ■i+��+ ■■■il. Black -Cuckoo ++++ ++++ ++++ ++ 1 III"""""'1�$+++ + + + Cuckoo ++ * ++ ++ +++ BCC Rangewide (CON) Chimney SwiftBCC Rangewd+ —e ++++ ++++...11111 Jill 11111 Jill Jill Jl ++ ++++ ++++ (CON) 10/25/2022 4 Kentucky Warbler M+M+7 --M BCC Rangewide -dm mmmm ANN No hL (CON) Praire Warbler BCC 1Rangewide ++++ ++++ ++++ ++++ fii-4- +--+ +1 ++++ ++++ (CON) kh o�� 6 Warbler tart' ++++ ++++ ++++ M1 Wo MI IFT-4-' 1 +1+ ++ Warbler ++ +�� + ++ ++++ ++++ BCC Rangewide +omb MMM (CON) Red-headed '■■]'[■■ -4 ' 1,+ l+ Woodpecker , + ++ + ++ ++ + +++ +++ ++ +�� + ++ ++'+'+++ BCC Rangewide .dm MEN ME NEM 0 (CON) Rusty Blackbird ++++ ++++ +-++ ++++ +++— +—++ +--+ ++++ ++++ ++++ ++++ BCC -BCR Wood Thrush + I I I BCC Rangewide 1111 111+ 11JI 1111 +'—+ Jill 11+4 1 i i 1 i i i 1 (CON) Additional information can be found using the following links: • Birds of Conservation Concern https://www.fws.gov/program/migratory-birds/species • Measures for avoiding and minimizing impacts to birds https://www.fws.gov/library collections/avoidins7-and-minimizins7-incidental-take-mis7ratorv-birds • Nationwide conservation measures for birds https://www.fws.gov/sites/default/files/ documents/nationwide-standard-conservation-measures.pdf Migratory Birds FAQ Tell me more about conservation measures I can implement to avoid or minimize impacts to migratory birds. Nationwide Conservation Measures describes measures that can help avoid and minimize impacts to all birds at any location year round. Implementation of these measures is particularly important when birds are most likely to occur in the project area. When birds may be breeding in the area, identifying the locations of any active nests and avoiding their destruction is a very helpful impact minimization measure. To see when birds are most likely to occur and be breeding in your project area, view the Probability of Presence Summary. Additional measures or permits may be advisable depending on the type of activity you are conducting and the type of infrastructure or bird species present on your project site. What does IPaC use to generate the list of migratory birds that potentially occur in my specified location? The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern (BCQ and other species that may warrant special attention in your project location. 10/25/2022 5 The migratory bird list generated for your project is derived from data provided by the Avian Knowledge Network (AKN). The AKN data is based on a growing collection of survey, banding, and citizen science datasets and is queried and filtered to return a list of those birds reported as occurring in the 10km grid cell(s) which your project intersects, and that have been identified as warranting special attention because they are a BCC species in that area, an eagle (Eagle Act requirements may apply), or a species that has a particular vulnerability to offshore activities or development. Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your project area. It is not representative of all birds that may occur in your project area. To get a list of all birds potentially present in your project area, please visit the Rapid Avian Information Locator (RAIL,) Tool. What does IPaC use to generate the probability of presence graphs for the migratory birds potentially occurring in my specified location? The probability of presence graphs associated with your migratory bird list are based on data provided by the Avian Knowledge Network (AKN). This data is derived from a growing collection of survey, banding, and citizen science datasets. Probability of presence data is continuously being updated as new and better information becomes available. To learn more about how the probability of presence graphs are produced and how to interpret them, go the Probability of Presence Summary and then click on the "Tell me about these graphs" link. How do I know if a bird is breeding, wintering or migrating in my area? To see what part of a particular bird's range your project area falls within (i.e. breeding, wintering, migrating or year-round), you may query your location using the RAIL Tool and look at the range maps provided for birds in your area at the bottom of the profiles provided for each bird in your results. If a bird on your migratory bird species list has a breeding season associated with it, if that bird does occur in your project area, there may be nests present at some point within the timeframe specified. If "Breeds elsewhere" is indicated, then the bird likely does not breed in your project area. What are the levels of concern for migratory birds? Migratory birds delivered through IPaC fall into the following distinct categories of concern: 1. "BCC Rangewide" birds are Birds of Conservation Concern (BCC) that are of concern throughout their range anywhere within the USA (including Hawaii, the Pacific Islands, Puerto Rico, and the Virgin Islands); 2. "BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation Regions (BCRs) in the continental USA; and 3. "Non -BCC - Vulnerable" birds are not BCC species in your project area, but appear on your list either because of the Eagle Act requirements (for eagles) or (for non -eagles) potential susceptibilities in offshore areas from certain types of development or activities (e.g. offshore energy development or longline fishing). 10/25/2022 6 Although it is important to try to avoid and minimize impacts to all birds, efforts should be made, in particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC species of rangewide concern. For more information on conservation measures you can implement to help avoid and minimize migratory bird impacts and requirements for eagles, please see the FAQs for these topics. Details about birds that are potentially affected by offshore projects For additional details about the relative occurrence and abundance of both individual bird species and groups of bird species within your project area off the Atlantic Coast, please visit the Northeast Ocean Data Portal. The Portal also offers data and information about other taxa besides birds that may be helpful to you in your project review. Alternately, you may download the bird model results files underlying the portal maps through the NOAA NCCOS Integrative Statistical Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic Outer Continental Shelf project webpage. Bird tracking data can also provide additional details about occurrence and habitat use throughout the year, including migration. Models relying on survey data may not include this information. For additional information on marine bird tracking data, see the Diving Bird Study and the nanotag studies or contact Caleb Spiegel or Pam Lorin. What if I have eagles on my list? If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid violating the Eagle Act should such impacts occur. Proper Interpretation and Use of Your Migratory Bird Report The migratory bird list generated is not a list of all birds in your project area, only a subset of birds of priority concern. To learn more about how your list is generated, and see options for identifying what other birds may be in your project area, please see the FAQ "What does IPaC use to generate the migratory birds potentially occurring in my specified location". Please be aware this report provides the "probability of presence" of birds within the 10 km grid cell(s) that overlap your project; not your exact project footprint. On the graphs provided, please also look carefully at the survey effort (indicated by the black vertical bar) and for the existence of the "no data" indicator (a red horizontal bar). A high survey effort is the key component. If the survey effort is high, then the probability of presence score can be viewed as more dependable. In contrast, a low survey effort bar or no data bar means a lack of data and, therefore, a lack of certainty about presence of the species. This list is not perfect; it is simply a starting point for identifying what birds of concern have the potential to be in your project area, when they might be there, and if they might be breeding (which means nests might be present). The list helps you know what to look for to confirm presence, and helps guide you in knowing when to implement conservation measures to avoid or minimize potential impacts from your project activities, should presence be confirmed. To learn more about conservation measures, visit the FAQ "Tell me about conservation measures I can implement to avoid or minimize impacts to migratory birds" at the bottom of your migratory bird trust resources page. 10/25/2022 Wetlands Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under Section 404 of the Clean Water Act, or other State/Federal statutes. For more information please contact the Regulatory Program of the local U.S. Army Corps of Engineers District. Please note that the NWI data being shown may be out of date. We are currently working to update our NWI data set. We recommend you verify these results with a site visit to determine the actual extent of wetlands on site. FRESHWATER FORESTED/SHRUB WETLAND • Palustrine RIVERINE • Riverine 10/25/2022 IPaC User Contact Information Agency: S&ME Name: Lauren Anderson Address: 2016 Ayrsley Town Blvd Address Line 2: Suite 2-A City: Charlotte State: NC Zip: 28273 Email lnderson@smeinc.com Phone: 7045234726 Roy Cooper, Governor 0■0■0 INC DEPARTMENT OF ■■0■o NATURAL AND CULTURAL RESOURCES ■ ■■■ October 25, 2022 Dave Homans S&ME, Inc. 2016 Ayrsley Town Blvd. Charlotte, NC 28273 RE. Countrywoods Development Dear Dave Homans. D_ Reid Wilson, Secretary Misty Buchanan Deputy Director, Natural Heritage Program NCNHDE-19756 The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources for the project referenced above. Based on the project area mapped with your request, a query of the NCNHP database indicates that there are no records for rare species, important natural communities, natural areas, and/or conservation/managed areas within the proposed project boundary. Please note that although there may be no documentation of natural heritage elements within the project boundary, it does not imply or confirm their absence, the area may not have been surveyed. The results of this query should not be substituted for field surveys where suitable habitat exists. In the event that rare species are found within the project area, please contact the NCNHP so that we may update our records. The attached `Potential Occurrences' table summarizes rare species and natural communities that have been documented within a one -mile radius of the property boundary. The proximity of these records suggests that these natural heritage elements may potentially be present in the project area if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile radius of the project area, if any, are also included in this report. If a Federally -listed species is found within the project area or is indicated within a one -mile radius of the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for guidance. Contact information for USFWS offices in North Carolina is found here. httl2s //www.fws.gov/offices/Directory/ListOffices.cfm?statecode=37. Please note that natural heritage element data are maintained for the purposes of conservation planning, project review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions. Information provided by the NCNHP database may not be published without prior written notification to the NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NCNHP data may not be redistributed without permission. The NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature Preserve, Registered Heritage Area, Land and Water Fund easement, or Federally - listed species are documented near the project area. If you have questions regarding the information provided in this letter or need additional assistance, please contact Rodney A. Butler at rod ney.butlerLncdcr.gov or 919-707-8603. Sincerely, NC Natural Heritage Program DEPAR71MENT OF NATURAL AND CULTURAL RESOVRCES Q 121 W. JONES STREET. RALEIGH. NC 27603 • 1651 MAIL SERVICE CENTER. RALEIGH. NC 27699 OFC 918.707.9120 • FAX 919.707.9121 Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One -mile Radius of the Project Area Countrywoods Development October 25, 2022 NCNHDE-19756 Element Occurrences Documented Within a One -mile Radius of the Project Area Taxonomic EO ID Scientific Name Common NameEservation Last � Element Group 2 Occurrence j Date = Rank Freshwater 17631 Villosa vaughaniana Carolina Creekshell 1993-04-23 H? Bivalve Vascular Plant 13743 Delphinium exaltatum Tall Larkspur 1800s Hi? Vascular Plant 33285 Sceptridium jenmanii Alabama Grape -fern 1936-09 H No Natural Areas are Documented Within a One -mile Radius of the Project Area Managed Areas Documented Within a One -mile Radius of the Project Area Accuracy Federal State Global State Status tatus Rank Rank 3-Medium --- Endangered G2G3 S3 5-Very --- Threatened G3 S2 Low 5-Very --- Special G3G4 S2 Low Concern Vulnerable Managed Area Name wner� er Type City of Charlotte Open Space City of Charlotte Local Government City of Charlotte Open Space City of Charlotte Local Government Definitions and an explanation of status designations and codes can be found at httr)s:Z/ncnhde.natureserve.org/helr). Data query generated on October 25, 2022; source: NCNHP, Q2, July 2022. Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database. Page 2 of 3 NCNHDE-19756: Countrywoods Development roft w s a �827 ft Y Dav a a v � Y 77 C( N J N N � J (D y d L. W WT Harris Blvd a Ave �a e� �a _v a � N _ V � C h x C Q a H 823 ft IN �a a Q Oak Or N �a W L y;`e 0.28 0.55 884ft 1.1 Miles Ha I I I I I I I October 25, 2022 Managed Area (MAREA) ❑ Buffered Project Boundary ❑ Project Boundary So uross. Fsh, Airbus DS. USGS. NGA. NASA, CGIAR. N Robinson. NCFAS. NLS. OS, NMA. Geodatastyrelsen, Rijkswaterstaat GSA, Geoland, FFMA, It-mapand the GIS user community Sources. Esri, HERE. Garm in. FAO. NOAA, USGS. © OpenStreetMap contributors, and the GIS User in, Page 3 of 3 Appendix IV — Cultural Resources Documentation , Rd , 60.10, ƒ @ � _f -un f? / t 2 A� r- Lkeyiew Rd aa5Dr \ n C. § egret* Vic 'a .� A� MECKL BURS ¥Alt e _'/ �mg - t k 14 %kPaA Dr \ ..�: 7 U) pa S 91 � � �� 40 pall ' %+mo t k§a,J),, QKTiull � oc Appendix V - Post Construction Stormwater Ordinance Summary Table PCSO SUMMARY Original Parcel ID Number(s): 3724101 Development Type: Commercial Subject to PCSO? Y/N Y If NO, why? -- Click for Dropdown -- Watershed: Western Catawba Disturbed Area (ac): 11.05 Site Area (ac): 27.59 DA#1 DA#2 Total on -site Drainage Area (ac): 27.59 Existing Built -upon -area (SF): 51,401 Existing BUA to be removed (SF): 0 Existing BUA to remain (SF): 51,401 Proposed New BUA (SF): 169,448 Proposed % BUA: 14.1 Density (High / Low) High Total Post -Project BUA for site: 220,849 Development or Redevelopment? Redevelopment Natural Area Required (ac): 6.9 Natural Area provided, total (ac): 13.36 Undisturbed Treed Natural Area Preserved (ac): 13.36 Total stream buffer protected on -site (ac): 6.74 Transit Station Area? Y/N N Distressed Business District? Y/N N Mitigation Type (if applicable) 85% TSS Natural Area mitigation? Y/N N Buffer Mitigation? Y/N N Total Phosphorous Mitigation? Y/N N