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HomeMy WebLinkAbout20230547 Ver 1_2022-0119_DawnaliaDrive_NWP_4.17.23_20230417CAROLINA WETLAND SERVICES, INC. 550 E. Westinghouse Blvd. Charlotte, NC 28273 704-527-1177 (office) 704-527-1133 (fax) To: Ms. Meagan Jolly Charlotte Regulatory Office U.S. Army Corps of Engineers Mr. Andrew Pitner NCDWR, 401 & Buffer Permitting Unit 512 N. Salisbury St., 9th Floor Raleigh, NC 27604 Date: March 31, 2023 Subject: Pre -Construction Notification Pursuant to Nationwide Permit No. 29 an WQC No. 4256 Dawnalia Drive (SAW-2023-00367) Charlotte, North Carolina CWS Project No. 2022-0119 Dear Ms. Jolly and Mr. Pitner, The Dawnalia Drive site (Mecklenburg County Tax Parcel Nos. 148308117, 14308121, 1438123; 14308125; 14308126; 14308127; 14308129; 14308131; 14308132, and 14308133) is approximately 13 acres in extent and is located southeast of the Billy Graham Parkway and West Boulevard intersection in Mecklenburg County, North Carolina (Figures 1 and 2, Attachment A). Lucern Capital Partners, has contracted Carolina Wetland Services, Inc. (CWS) to provide Section 404/401 permitting services for this project. An executed Agent Authorization Form is attached (Attachment B). On behalf of Lucern Capital Partners, CWS is submitting a Pre -Construction Notification pursuant to Nationwide Permit No. 29 to the U.S. Army Corps of Engineers and Water Quality Certification No. 4256 for the North Carolina Division of Environmental Quality (NCDEQ) for proposed impacts to jurisdictional waters of the U.S. associated with the development of townhomes. A copy of the PCN application is being provided to the North Carolina Division of Environmental Quality (NCDEQ) with a credit card payment of $570 for the Water Quality Certification approval fee. ATTACHMENTS INCLUDED: DESCRIPTION Attachment A - Figures 1-8 Attachment B - Agent Authorization Form Attachment C - Preliminary Jurisdictional Determination SAW-2023-00367 Attachment D - Impact Drawings Attachment E - Photo a e (Photographs 1-4 Attachment F - Protected Species Habitat Assessment Report and IPaC Report Attachment G - SHPO Letter Attachment H - NCSAM Forms 1 & 2 Please do not hesitate to contact Megan Bollero at 757-576-6433 or megan@cws-inc.net should you have any questions or comments regarding this request. Sincerely, Megan Bollero, WPIT Project Scientist Aliisa Harjun/iiemi, PWS Senior Project Manager Dawnalia Drive Attachments April 17, 2023 CWS Project No. 2022-0119 Attachment A: Figures (1-8) Kentucky Tennessee South Carolina Georgia ,e Paw V1eek V ®a1 Extent te ` ---- a Virginia 4 F 0 �Q O F r� 1 y Alleghany s, I<? 1 ..sue r _ 6 oot eh — WfIkim-ton Blvd-- -- - , ,k — - �- oc CO u � 10 s o O 10ii 5 00 i 21 ', y. oc Clan ro ��� We»tHlvd C/ o �s werdam Cre I1'-"-� 4 Jf 'rpa Aa A d y` o O/0 Q S r f3 m ao�avrn Rd E woouI ShoPtnn,I, r� t O oc5 V) R yt�3 Ty ova Rw J4 . w 0 0 0 2 _1-) Legend ,own -Gr�pr Rd g Project Limits (13 ac.) 4 O w 51000 2,500 0 5,000 Feet REFERENCE: BACKGROUND VICINITY MAP PROVIDED BY ESRI, 2019. ©• SCALE: DATE: FIGURE NO. 1 inch = 5,000 feet 3/10/2022 Vicinity Map CWS PROJECT NO: DRAWN BY: 2022-0119 ALH Dawnalia Drive �+ COORDINATES: CHECKED BY: c A R O L I N A Mecklenburg County 35.205296,-80.917128 AVH WETLAND SERVICES Charlotte, North Carolina Charlotte Douglas Int' Ai rpo rt G:\Shared drives\Consulting Team Drive\2022\2022 Consulting Projects\2022-0041 Dawnalia Drive\Preliminary Wetland Investigation\ArcGIS\Figurel_Vicinity.mxd a ice= d ram, o c ' r D IIII `z c - SP9 Central Piedmont Co mmunityColl i Harris Campus C itw y 1 I � r $ \ A Y ti fy F. v9Es J �. vL�F II a ✓ ! F Rid - p�O I I I p05', RC? ct Park Acad / I I � 4-1 II I 1 SErvIRY `f�f�.q cF r � ' 0 v F WEST BLVD1. 1 0 lnvin Creek 044- i icP -� mil_: - _• E . 1 VgNS A—1i � Tr _ VIGH a 00 - y,ulif � z Legend OF ` lP' The lArt v°�V I` "' """e`" Project Limits (13 ac.) Charotte- 2,000 1,000 0 2,000 Feet REFERENCE: USGS 7.5 MINUTE TOPOGRAPHIC QUADRANGLE(S): CHARLOTTE WEST, NC (2019). - - SCALE: DATE: FIGURE NO. 1 inch = 2,000 feet 3/10/2022 USGS Topographic Map CWS PROJECT NO: DRAWN BY: 2022-0119 ALH Dawnalia Drive �+ COORDINATES: CHECKED BY: c A R O L I N A Mecklenburg County 2 35.205296,-80.917128 AVH WETLAND SERVICES Charlotte, North Carolina G:\Shared drives\Consulting Team Drive\2022\2022 Consulting Projects\2022-0041 Dawnalia Drive\Preliminary Wetland Investigation\ArcGIS\Figure2_USGS.mxd G:\Shared drives\Consulting Team Drive\2022\2022 Consulting Projects\2022-0041 Dawnalia Drive\Prel imi nary Wetland InvestigationWrcGIS\Figure3_Aerial.mxd IIIE MeB 1 V\IkB UL CeB2 4 MeD co a MeD �'� i�5�`e MeD Me J Q dot Q`� Flk�� W Q) Va Mont P Q MeD _ EnB MID By a t c ' Q o MeD Fordwood Dr E MeB � MeB Ur EnB �y U e �� e D � o rn :oc a_arkMont Dr Ora Shley Cr G% 'V s a ur UL eD $ 03 CDC CUB �3 �ni 1 EnB MeD CuB W 4�9ess nD MO o WkD a CD MeD OC 'Q EnB CD 4byl B kB /\ Q o� e(9 Gd? Me WkD WkD a MO m eB Fp e�qG �� CeB2 CeB2CuB Reb EnB eo�q` EnB MeB EnB MeD Me I MO 1 EnB WkD MeD W e - MeD eD WkB EnB MeB Me MeD O MeB MeB EnB nD y En6 o; o; � e MeD UL CeD2 CeD2 MeB Legend Soil Unit Name and Description dric Coverage (% ) CuB Cecil -Urban land complex, 2 to 8 percent slopes No 11.1 eD2 B2 Q Project Limits (13 ac.) EnB Enon sandy loam, 2 to 8 percent slopes No 23.3 MO Monacan loam, 0 to 2 percent slopes, frequently flooded Yes 16 Roads WkD Wilkes loam, 8 to 15 percent slopes No 49.6 2 Total Coverage e 1,000 500 0 1,000 Feet REFERENCE: USDA-NRCS WEB SOIL SURVEY OF MECKLENBURG COUNTY, NC, DATED 2021. CeeD2 MeB — C B2 SCALE: DATE: USDA-NRCS Web Soil Survey FIGURE NO. 1 inch = 1,000 feet 3/10/2022 of Mecklenburg County CWS PROJECT NO: 2022-0119 DRAWN BY: ALH Dawnalia Drive 4 COORDINATES: CHECKED BY: �+ y A R O L I N A Mecklenburg County 35.205296,-80.917128 AVH WETLAND SERVICES Charlotte, North Carolina G:\Shared drives\Consulting Team Drive\2022\2022 Consulting Projects\2022-0041 Dawnalia Drive\Preliminary Wetland Investigation\ArcGIS\Figure4_Current.mxd L Z paF � MO C'uo CeB2 Cr.g2 CuB MeO �U PaE n Ur CuD '� :ate ( etlp CUB CuD CC, 5 GzgY 0,02 C01)2 E;sS CEO? MeB \ a Ur MeB eD / CLE2 Ur h \ f Ce82 1 U '�y Med f,u6 � :: uB Ge�'L MeB M e02 � k� WkB � 8 r. � C":B !rA Fr Mil NC MeB F f fJ Ce$2 MeB y M w C MeD 11 (.lr �$ e� Cep= C;cO'C MOB ��O Ccc6 U� -Ilt� feB2 Ur �;�'� MeB ,1yy4: fr MQ F� µf t @ Jr Cep2 CeV2 Douglas�u�l�s Mutlrcii,�tl Arr}7art En8 � cr,r3 Wk€ f: w tig•� ,J3kE � M;-Li � rr,g2 PaE Jye' yAeC) %uEs Ur C. West Blvd ' cer CuB Ui `kU M 0 EhC w C u(3 Cue Mk8 Fn6 Me'D MeB MO En ? WAD W k GeD2 Cut3 C, uD 1y� MO Ce8.2 i ?9 ' En13 MeB EnB lJ Yorkmont Road L WkC3 MeU Er, ti \ CeB2 FJI 0E"B c '0 I MeB MeQ MeB � MeB •.`�, v - - H.B oz t Me (West Tyvola Road V MkB MeB CeB:, EnB n GeD2 MeD � G� MGMeS l lr rz G CE13 E p7 EnD Ur CeD2 MeB MeD Ge Mel) 03 rh r, A2 Ges2 !u Mel' 1[„a BL PaK Ce02 ti y& Gia J rF.B P1E �� MeB MILS MOB ` I PaE MeB 0 w Fs, - �.. W k E Ur £ MeB Soil Unit Name and Description Hydric CuB Cecil -Urban land complex, 2 to 8 percent slopes No EnB Enon sandy loam, 2 to 8 percent slopes No MO Monacan loam, 0 to 2 percent slopes, frequently flooded Yes WkD Wilkes loam, 8 to 15 percent slopes No eID C"D)? Ce82 ` CeB . eh \N�r v�V10 rots Legend afi v� Q y�0 Q Project Limits (13 ac.) wkr c 2,000 1,000 0 2,000 Feet REFERENCE: USDA-NRCS PUBLISHED SOIL SURVEY OF MECKLENBURG COUNTY, NC, SHEET 6, DATED 1980. H1 U SCALE: DATE: USDA-NRCS Published Soil Survey FIGURE NO. 1 inch = 2,000 feet 3/10/2022 Y CWS PROJECT NO: DRAWN BY: of Mecklenburg County 2022-0119 ALH Dawnalia Drive �+ COORDINATES: CHECKED BY: e A R O L I N A Mecklenburg County 5 35.205296,-80.917128 AVH WETLAND SERVICES Charlotte, North Carolina G:\Shared drives\Consulting Team Drive\2022\2022 Consulting Projects\2022-0041 Dawnalia Drive\Preliminary Wetland Investigation\ArcGIS\Figure5_Historic.mxd 0 Q o co a Q i By f--7� Air�e st O' e Pv BovC\ett do 0 s r b m N�y im a Soya / o` c m Win Flk O` Mont P/ o Q L > 0 J Y ¢ a HenlPhill St For�Dr iv U :nview Ln wont Dr O Cr Q � oss e4� o m�m� 4b�7 e sr od so dae o � o y°rs° Legend °° Q Project Limits (13 ac.) O Roads CD o- National Wetland Inventory 0 z ® Freshwater Emergent Wetland O F Piper Ln - Freshwater Forested/Shrub Wetland O '���:�:: �a Freshwater Pond Riverine co ,o REFERENCE: NATIONAL WETLAND INVENTORY DATA PROVIDED BY UNITED STATES FISH AND 1,000 500 0 1,000 Feet WILDLIFE SERVICE FOR NORTH CAROLINA, ACCESSED 2021. BACKGROUND LAYER(S) PROVIDED BY MECKLENBURG COUNTY GIS DEPARTMENT, DATED 2021. SCALE: DATE: FIGURE NO. 1 inch = 1,000 feet 3/10/2022 National Wetland Inventory CWS PROJECT NO: DRAWN BY: 2022-0119 ALH Dawnalia Drive �+ COORDINATES: CHECKED BY: e A R O L I N A Mecklenburg County 6 35.205296,-80.917128 AVH WETLAND SERVICES Charlotte, North Carolina G:\Shared drives\Consulting Team Drive\2022\2022 Consulting Projects\2022-0041 Dawnalia Drive\Preliminary Wetland InvestigationWrcGIS\Figure6_NWl.mxd ♦ • • • �� .� • �f,Y s..r sue'• .*,��gJ ` � �. � • � ._ SOX 44 ♦ � P.`� I � f A I A Q A y- � PANEL l/ ' M � r �„ �► -may 0 W 1 PCT FUTURE - '' CONDITIONS I �� Legend Zone AE Project Limits (13 ac.) Roads Zone AE Flood Hazard Zones Zone Type STATE 1 % Annual Chance Flood Hazard EN(CR; WA P- Adr Regulatory Floodway 1 PCT FUTURE %^ Special Floodway CONDITIONS PANEL Area of Undetermined Flood Hazard Zone X 3710452.300K 0.2%Annual Chance Flood Hazard �, ' eff. 9/Per?met`er Pointe PY W1 Future Conditions 1 %Annual Chance Flood Hazard 'rW.Area with Reduced Risk Due to Levee 1 p Area with Risk Due to Levee t Y J REFERENCE: BACKGROUND AERIAL IMAGERY PROVIDED BY ESRI, ACCESSED 2021. c 300 150 0 300 Feet BACKGROUND GIS LAYER(S) PROVIDED BY MECKLENBURG COUNTY GIS DEPARTMENT, DATED 2021. FEMA NATIONAL FLOOD HAZARD LAYER PROVIDED BY FEMA, DATED 2015.�` ow SCALE: DATE: FIGURE NO. 1 inch = 300 feet 3/20/2022 FEMA National Flood Hazard Map CWS PROJECT NO: DRAWN BY: 2022-0119 ALH Dawnalia Drive �+ COORDINATES: CHECKED BY: c A R O L I N A Mecklenburg County 7 35.205296,-80.917128 AVH WETLAND SERVICES Charlotte, North Carolina G:\Shared drives\Consulting Team Drive\2022\2022 Consulting Projects\2022-0041 Dawnalia Drive\Prel imi nary Wetland InvestigationWrcGIS\Figure7_Fema.mxd /I/ A \ \� / vllll�llr \\ I v Legend 1 Q Project Limits (13 ac.) — — - Intermittent Stream I Perennial Stream B Perennial Stream 744 1f Roads / Tax Parcels ODP Data Point I A SCP Stream Classification Point < Indicates Flow REFERENCE: BACKGROUND GIS LAYER(S) PROVIDED BY MECKLENBURG Photo Location and Direction COUNTY GIS DEPARTMENT, DATED 2021. NOTE: JURISDICTIONAL WATERS OF THE U.S. WERE DELINEATED (FLAGGED IN THE FIELD), CLASSIFIED, AND MAPPED USING ASUB-FOOT CAPABLE GPS 200 100 0 200 Feet UNIT BY CWS, INC., ON MARCH 15, 2022. JURISDICTIONAL FEATURES HAVE NOT BEEN VERIFIED BYTHE USACE. SCALE: 1 inch = 200 feet DATE: 3/15/2022 �+ y A R O L I N A Jurisdictional Boundaries FIGURE NO. 8 CWS PROJECT NO: 2022-0119 DRAWN BY: ALH Dawnalia Drive Mecklenburg County COORDINATES: CHECKED BY: 35.205296,-80.917128 AVH WETLAND SERVICES Charlotte, North Carolina G:\Shared drives\Consulting Team Drive\2022\2022 Consulting Projects\2022-0041 Dawnalia Drive\Preliminary Wetland InvestigationWrcGIS\Figure8_JD.mxd Dawnalia Drive Attachments April 17, 2023 CWS Project No. 2022-0119 Attachment B: Agent Authorization Form DocuSign Envelope ID: 7E4FDD81-DOBA-4DO5-A814-E2D56031EACA U.S. Army Corps of Engineers — Wilmington District - Regulatory Division AGENT AUTHORIZATION I. PROJECT/SITE INFORMATION Site Name: Dawnalia Drive Property Identification Number(s): 148308117, 14308121, 1438123, 14308125, 14308126, 14308127, 14308129, 14308131,14308132,14308133 I, the undersigned, Frank Forte ,hereby authorize Meean Bollero , to act on my behalf in all manners relating to all dealings with the U.S. Army Corps of Engineers regarding the project and properties listed above, including taking all necessary actions for the application, processing, issuance, and/or acceptance of a Clean Water Act and/or Rivers and Rivers Act delineations, determinations, and/or permits. Any and all acts carried out by Meean Bollero on my behalf as it relates to this project and properties shall have the same effect as acts of my own. pocuSigned 6y: Siyna ure Date Principal Purpose: The information that you provide will be used in evaluating your request to determine whether there are any aquatic resources within the project area subject to federal jurisdiction under the regulatory authorities referenced above. Routine Uses: This information may be shared with the Department of Justice and other federal, state, and local government agencies, and the public, and may be made available as part of a public notice as required by federal law. Your name and property location where federal jurisdiction is to be determined will be included in the approved jurisdictional determination (AJD), which will be made available to the public on the District's website and on the Headquarters USACE website. Disclosure: Submission of requested information is voluntary; however, if information is not provided, the request for ajurisdictional determination cannot be evaluated nor can a jurisdictional determination be issued. January 2020 Dawnalia Drive Attachments April 17, 2023 CWS Project No. 2022-0119 Attachment C: Preliminary Jurisdictional Determination (SAW-2023-00367) U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2023-00367 County: Mecklenburg U.S.G.S. Quad: NC -Charlotte West NOTIFICATION OF JURISDICTIONAL DETERMINATION Requestor: Lucern Capital Partners Mr. Frank Forte Address: 218 Broad Street Red Bank, NJ 07702 Telephone Number: 732-515-3586 E-mail: frank.forte(&lucerncapital.com Size (acres) 13 Nearest Town Charlotte Nearest Waterway Taggart Creek River Basin Santee USGS HUC 03050103 Coordinates Latitude: 35.205296 Longitude:-80.917128 Location description: The project is located along Dawnalia Drive, south of the intersection of Dawnalia Drive and West Boulevard, in Charlotte, Mecklenburg County, NC. Refer to Figure No. 3, Aerial Map, dated 03-10-2022. Indicate Which of the Following Apply: A. Preliminary Determination ® There appear to be waters on the above described project area/property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The waters have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. The approximate boundaries of these waters are shown on the enclosed delineation map dated 3/15/2022. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. ❑ There appear to be waters on the above described project area/property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the waters have not been properly delineated, this preliminary jurisdiction determination may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an effective presumption of CWA/RHA jurisdiction over all of the waters at the project area, which is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. B. Approved Determination ❑ There are Navigable Waters of the United States within the above described project area/property subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ There are waterson the above described project area/property subject to the permit requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ We recommend you have the waters on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. ❑ The waters on your project area/property have been delineated and the delineation has been verified by the Corps. The approximate boundaries of these waters are shown on the enclosed delineation map dated DATE. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey SAW-2023-00367 will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. ❑ The waters have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below onDATE. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ There are no waters of the U.S., to include wetlands, present on the above described project area/property which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in Morehead City, NC, at (252) 808-2808 to determine their requirements. Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or placement of structures, or work within navigable waters of the United States without a Department of the Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Meagan Jo llv at (704) 510-1441 or K.M.Jollvnus ace. army.mil. C. Basis For Determination: Basis For Determination: See the preliminary jurisdictional determination form dated 02/24/2023. D. Remarks: None E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and Request for Appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Mr. Philip A. Shannin Administrative Appeal Review Officer 60 Forsyth Street SW, Floor M9 Atlanta, Georgia 30303-8803 AND PHILIP.A. SHANNINgUSACE.ARMY.MIL In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by Not applicable. **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.** Corps Regulatory Official: _ Date of JD: 02/24/2023 Expiration Date of JD: Not applicable SAW-2023-00367 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0 Copy furnished: Agent: Carolina Wetland Services, Inc. Ms. Megan Bollero Address: 550 E. Westinghouse Blvd. Charlotte, NC 28273 Telephone Nmnber: 757-576-6433 E-mail: megan()cws-inc.net NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: Lucern Capital Partners, Mr. Frank Forte File Number: SAW-2023-00367 Date: 02/24/2023 Attached is: See Section below INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A PROFFERED PERMIT (Standard Permit or Letter of permission) B PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D ❑X PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at or http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits.aspx oil& Corps regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. SECTION II - REQUEST FOR APPEAL olkLECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision and/or the If you only have questions regarding the appeal process you may appeal process you may contact: also contact: District Engineer, Wilmington Regulatory Division MR. PHILIP A. SHANNIN Attn: Meagan Jolly ADMINISTRATIVE APPEAL REVIEW OFFICER Charlotte Regulatory Office CESAD-PDS-O U.S Army Corps of Engineers 60 FORSYTH STREET SOUTHWEST, FLOOR M9 8430 University Executive Park Drive, Suite 615 ATLANTA, GEORGIA 30303-8803 Charlotte, North Carolina 28262 PHONE: (404) 562-5136; FAX (404) 562-5138 EMAIL: PHILIP.A.SHANNIN(a USACE.ARMY.MIL RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15-day notice of any site investigation, and will have the opportunit to participate in all site invest] ations. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: Meagan Jolly, 69 Darlington Avenue, Wilmington, North Carolina 28403 For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Philip Shannin, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: 02/24/2023 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Lucern Capital Partners, Mr. Frank Forte, 218 Broad Street, Red Bank, NJ 07702 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Dawnalia Drive, SAW-2023- 00367 D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The project is located along Dawnalia Drive, south of the intersection of Dawnalia Drive and West Boulevard, in Charlotte, Mecklenburg County, NC. Refer to Figure No. 3, Aerial Map, dated 03-10-2022. (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: NC County: Mecklenburg City: Charlotte Center coordinates of site (lat/long in degree decimal format): Latitude: 35.205296 Longitude:-80.917128 Universal Transverse Mercator: Name of nearest waterbody: Taggart Creek E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ®Office (Desk) Determination. Date: 02-23-2023 ® Field Determination. Date(s):02-24-2023 TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION Site Number Latitude Longitude Estimated Type of aquatic Geographic authority to (decimal (decimal amount of resources (i.e., which the aquatic degrees) degrees) aquatic wetland vs. resource "may be" resources in non -wetland subject (i.e., Section 404 review area waters) or Section 10/404) (acreage and linear feet, if applicable Stream A 35.20536900 -80.91635000 502 Non -wetland 404 Stream B 35.20455200 -80.91698200 744 Non -wetland 404 1. The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an approved JD (AJD) for that review area based on an informed decision after having discussed the various types of JDs and their characteristics and circumstances when they may be appropriate. 2. In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre- construction notification" (PCN), or requests verification for a non -reporting NWP or other general permit, and the permit applicant has not requested an AID for the activity, the permit applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit authorization based on a PJD, which does not make an official determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an AJD could possibly result in less compensatory mitigation being required or different special conditions; (3) the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) undertaking any activity in reliance upon the subject permit authorization without requesting an AID constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AJD or a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it becomes appropriate to make an official determination whether geographic jurisdiction exists over aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic resources in the review area, the Corps will provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that there "may be" waters of the U.S. and/or that there "may be" navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the review area that could be affected by the proposed activity, based on the following information: SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items are included in the administrative record and are appropriately cited: ® Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Map: Figure 8, Jurisdictional Boundaries 1"=200' (03-15-2022) N Data sheets prepared/submitted by or on behalf of the PJD requestor. Datasheets: DP1 (03-15-2022) ® Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. Rationale: ❑ Data sheets prepared by the Corps: ❑Corps navigable waters' study: ❑U.S. Geological Survey Hydrologic Atlas: ❑ USGS NHD data: ❑ USGS 8 and 12 digit RUC maps: ® U.S. Geological Survey map(s). Cite scale & quad name: Figure 2, Topographic Map Charlotte West, NC (2019) 1"=2000' (03-10-2022) ®Natural Resources Conservation Service Soil Survey. Citation: Figure 4, USDA-NRCS Web Soil Survey of Mecklenburg County 1"=1000' (03-10-2022); Figure 5, USDA-NRCS Published Soil Survey of Mecklenburg County, Sheet 6, dated 1980, 1"=2000' (03-10-2022) ® National wetlands inventory map(s). Citename: Figure 6, National Wetland Inventory 1"=1000' (03-10- 2022 ❑ State/local wetland inventory map(s): ® FEMAIFIRM maps: Figure 7, FEMA National Flood Hazard Man, 1"=300' (03-20-2022) ❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929) ® Photographs: ® Aerial (Name & Date): Figure 1, Vicinity Man 1"--MOO' (03-10-2022); Figure 3, Aerial Man 1"=200' (03-10-2022) or ® Other (Name & Date): Attachment C, Consultant -provided photovage (03-21-2022) ❑ Previous determination(s). File no. and date of response letter: ® Other information (please specify): NC DWO Stream Identification Form Version 4.11 SCPl/Stream A; SCP2/Stream B, SCP3/Toyograyhic Crenulation (03-15-2022) IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for later jurisdictional determinations. t-� Signature and date of Regulatory staff member completing PJD 02/24/2023 Signature and date of person requesting PJD (REQUIRED, unless obtaining the signature is impracticable)1 1 Districts may establish timeframes for requester to return signed PJD forms. If the requester does not respond within the established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action. /I/ A \ \� / vllll�llr \\ I v Legend 1 Q Project Limits (13 ac.) — — - Intermittent Stream I Perennial Stream B Perennial Stream 744 1f Roads / Tax Parcels ODP Data Point I A SCP Stream Classification Point < Indicates Flow REFERENCE: BACKGROUND GIS LAYER(S) PROVIDED BY MECKLENBURG Photo Location and Direction COUNTY GIS DEPARTMENT, DATED 2021. NOTE: JURISDICTIONAL WATERS OF THE U.S. WERE DELINEATED (FLAGGED IN THE FIELD), CLASSIFIED, AND MAPPED USING ASUB-FOOT CAPABLE GPS 200 100 0 200 Feet UNIT BY CWS, INC., ON MARCH 15, 2022. JURISDICTIONAL FEATURES HAVE NOT BEEN VERIFIED BYTHE USACE. SCALE: 1 inch = 200 feet DATE: 3/15/2022 �+ y A R O L I N A Jurisdictional Boundaries FIGURE NO. 8 CWS PROJECT NO: 2022-0119 DRAWN BY: ALH Dawnalia Drive Mecklenburg County COORDINATES: CHECKED BY: 35.205296,-80.917128 AVH WETLAND SERVICES Charlotte, North Carolina G:\Shared drives\Consulting Team Drive\2022\2022 Consulting Projects\2022-0041 Dawnalia Drive\Preliminary Wetland InvestigationWrcGIS\Figure8_JD.mxd Dawnalia Drive Attachments April 17, 2023 CWS Project No. 2022-0119 Attachment D: Impact Drawings 0 Z Z - p 3A n — r _ O X C T Z m r m v m z v r ' D t11 11 oil NEW� r m G) m z v v CA) _0 N rt o O m Z D N -.A.� W� O `/ al W 0 rt o O D o rt / z O 0) 0)rt / CD PROPERTYLINE o z �M Z D m n p _0 v v D / N z (D �. n p f?o � ° / N 2 v (D / mol /�O o / ° T_ m p � � m D Z / D O I r � TpB i v / \ TQ TpA ® � � rpe U v U) U) W 0 N CD ;um roe rn N N W a O OO rn N Z _0 _0D V CD CD CD > I r w r_ O m CD CD n � � 3 3 A m 0 m _0 _0z 3 m m n o 0 a o 0 0 ,--r n n z m c m m z ^ ^ ^ m\m a g m T z m Q x m m CD -0 \ m p z m m C m p p (CD o � nu $ •� x ii C) 55 = mm O oz� �yCcp m Oz� 00O D g zmODD Om Z Noz�� 3� z O D NO Z O O O O0 m Cd D Z 0 D O a z m D Nm' D m O, m 0 aim N Cd o O Nv N m co I m c O co m Z 1a 70m0 2 Z O m O D� �� z o � 0 O Dm �I+zN m N z m g aOO� O _ o D Z O D 2< m D O O O D r a N 0 0 o� z p ?! N D N w D m w � Z r 0 0 D m z c W O r z 'D Z D D 0 � N z m X m O r 'mA V+ m m m CA O a) D ' D O z z O z O z o Z z z o O C A N D Z o� N O O z o MO c z z G C m D O (� a m x N r a o r C 0 C, I� I N O JO N - T r m N 0 O " Z N � o0 MO O m C� pp N z N o N N O W O IX _ 0 z 0, O m0 D m 0 Om o O z >> D z GV0-rT.- D zm � m N C Z D m o m o D r� r D N O Q (� y @ L D r r � O V ��o m«vgA �' V m*m �oc�°° 00 �° ym.. KO Ov�O, II # A N AAD 0 0 0m 0 N >> 66;o �zNNO�7 II II m -00 OD Am Omz I+ NN min^ 0 �0 z In ym O OC �an� 0 cc Norm rti O mm z0 NN mm ao � m c m Dawnalia Drive Attachments April 17, 2023 CWS Project No. 2022-0119 Attachment E: Photopage (Photographs 1-4) Dawnalia Drive Attachment C: Photopage March 21, 2022 CWS Project No. 2022-0119 4 �* � �`"� °d t a a��� - 1 may, 'yiQ• „w �� ��� , ;� � ram" , •� � ��, y � � ���[�, .� �''i Photograph 1. View of intermittent Stream A, facing upstream (SCP1). Photograph 2. View of perennial Stream B, facing downstream (SCP2). Photopage 1 of 2 NO 1gR,WV'� S i r '.0 s, rah .,.� r��—yam n ' L f��l� 7�f��( 5 ?.r,�,.r��y�tid. z��axts�" .' _ �'t��?. • �a� w..�� 9FA � �45�� I � \ y_�. � - _ y . Dawnalia Drive Attachments April 17, 2023 CWS Project No. 2022-0119 Attachment F: Protected Species Habitat Assessment Report and IPaC Report CAROLINA WETLAND SERVICES, INC. 550 E. Westinghouse Blvd. Charlotte, NC 28273 704-527-1177 (office) 704-527-1133 (fax) October 27, 2022 Cassidy Michaux DPR Design 919 Berryhill Road; Ste 101 Charlotte, North Carolina 28202 Subject: Protected Species Habitat Assessment Report Dawnalia Drive Charlotte, North Carolina CWS Project No. 2022-0119 Dear Ms. Michaux, DPR Design has contracted Carolina Wetland Services, Inc. (CWS) to provide a protected species habitat assessment for the Dawnalia Drive project. The Dawnalia Drive project is approximately 13 acres in extent and is located southeast of the Billy Graham Parkway and West Blvd. intersection in Charlotte, North Carolina (Figure 1, attached). Methods In -office Desktop Review To determine which protected species are listed as occurring or potentially occurring within the project vicinity and prior to conducting the on -site field investigation, CWS consulted the United States Fish and Wildlife Service (USFWS) Endangered and Threatened Species and Species of Concern by County for North Carolina online database for Mecklenburg County'. In addition, CWS performed a data review using the North Carolina Natural Heritage Program (NCNHP) Data Explorer2 and Information for Planning and Consultation (IPAC) database' on October 5, 2022 to determine if any record occurrences of federally -listed, candidate endangered, threatened species, or critical habitat are located within the project limits. Typical habitat requirements for listed species was discerned from multiple USFWS' and NCNHP' online resources including, but not limited to, specific USFWS species profiles, recovery plans, NCNHP's Guide to Federally Listed Endangered and Threatened Species of North Carolina, and List of the Rare Plant Species of North Carolina. United States Department of Agriculture - Natural Resources Conservation Service (USDA-NRCS) Web Soil Survey of ' United States Fish and Wildlife Service, Raleigh Field Office. Accessed October 5, 2022. Endangered and Threatened Species and Species of Concern by County for North Carolina. https://www.fws.gov/raleigh/species/cntylist/mecklenburg.html 2 North Carolina Natural Heritage Data Explorer. Accessed October 5, 2022. https://ncnhde.natureserve.org/ 3 Information for Planning and Consultation (IPAC). https://ecos.fws.gov/ipact ° U.S. Fish and Wildlife Service. 2006. Optimal Survey Windows for North Carolina's Federally Threatened and Endangered Plant Species. https://www.fws.gov/southeasttpdf/fact-sheet/north-carolina-optimal-survey-windows-for-at-risk-and-listed-plants.pdf Accessed October 5, 2022. 5 Buchanan, M.F. and J.T. Finnegan. 2010. Natural Heritage Program List of the Rare Plant Species of North Carolina. NC Natural Heritage Program, Raleigh, NC. Accessed from https://www.fws.gov/raleigh/species/cntylisttnc_counties.htmi NORTH CAROLINA - SOUTH CAROLINA WWW.CWS-INC.NET Page 1 of 6 Dawnalia Drive Protected Species Assessment Report October 27, 2022 CWS Project No. 2022-0119 Mecklenburg County6 and aerial imagery were also reviewed for potential habitat of listed species within the project vicinity (Figures 2 and 3). Field Survey CWS scientists Megan Bollero, WPIT7 and June Blankenship, Natural Resource Technician, conducted a pedestrian habitat assessment of the project area on October 5, 2022. Potential habitats for potentially occurring federally -protected species that were identified during the desktop review were assessed in the field for the quality of physical and/or biological features essential to the conservation of the applicable species. Additionally, during the pedestrian habitat assessment, areas were reviewed for applicable federally protected species. Identification references for natural communities include the National Land Cover Database (2011)8. Results Based on the NCNHP data explorer review, there are no current occurrences of federally protected species within a one -mile radius of the project limits (Attachment A). The USFWS lists five federally protected species for Mecklenburg County (Table 1). An official species list has not been obtained from the USFWS Asheville Field Office. Table 1. Unofficial List of Federally -Protected Species Potentially Occurring within the Dawnalia Drive site, Mecklenburg County, NC. Major Group Scientific Name Common Name Federal Status* Record Status Plant Helianthus Schweinitz's E Current schweinitzii sunflower Plant Echinacea Smooth coneflower E Current laevigata Plant Rhus michauxii Michaux's sumac E Current Perimyotis Animal subflavus Tricolored bat PE Proposed Animal Haliaeetus Bald eagle BGPA Current leucocephalus * E - Endangered, PE - Proposed Endangered, BGPA - Bald and Golden Eagle Protection Act Six terrestrial community types were identified within the project area during the field survey. These community types consist of deciduous forest, mixed forest, open herbaceous areas, a sewer line right-of-way, and maintained grassy areas (Figure 3). Of the identified on -site community types, the forested areas, herbaceous areas, and sewer line right-of-way are considered potential habitat for federally threatened or endangered species that could potentially occur within the project limits. A brief description of each species habitat requirements and determination of effect findings are listed below by species. a United States Department of Agriculture, 2021. Web Soil Survey of Mecklenburg County, North Carolina. Accessed October 5, 2022. Source: https://websoilsurvey.nres.usda.gov/app/HomePage.htm Wetland Professional in Training, The Society of Wetland Scientists Professional Certification 8 MLRC. National Land Cover Database, 2011. https://www.mrlc.gov/nlcdll_leg.php Page 2 of 6 Dawnalia Drive Protected Species Assessment Report October 27, 2022 CWS Project No. 2022-0119 Schweinitz's sunflower (Helianthus schweinitzii Habitat Description: Schweinitz's sunflower is a perennial herb with yellow rays and yellow centers. They can reach heights of five feet. Populations are limited to the piedmont of North and South Carolina. It has been listed as an Endangered species under the ESA since 1991.1 The typical habitat for this plant includes roadsides, old pastures, transmission line right-of-ways, open areas, either natural or human -maintained habitats, or edges of upland woods. Major characteristics of soils associated with suitable Schweinitz's sunflower habitat include thin soils, soils on upland interstream flats or gentle slopes, soils that are clay like in both composition and texture (and often with substantial rock fragments), soils that have a high shrinkage swell capacity, and those which vary over the course of the year from very wet to very dry. Biological Analysis: A NCNHP data record review revealed that there are no current occurrences for this species within a one -mile radius of the project. A desktop review of the site was conducted on October 5, 2022, and determined that the soil series that have known Schweinitz's sunflower populations cover a small portion of the project limits, however, these areas are maintained lawns, which are not suitable habitats (Photographs 1-4). The forested areas within the project limits do not provide adequate sunlight to support Schweinitz's sunflower (Photograph 5). Additionally, CWS visited a reference population on August 16 and October 11, 2022. Based on the reference population, the plant was approximately six feet tall and all the plant parts were readily identifiable (Photograph 6). No individuals of Schwenitz's sunflower were observed during the site visit on October 5, 2022. Since no individuals of Schweinitz's sunflower were observed within the project limits while above -ground plant parts were identifiable, and suitable habitat is not present, CWS concludes that the project will have no effect on Schwenitz's sunflower. Smooth coneflower (Echinacea laevigata) Habitat Description: Smooth coneflower is a tall, perennial herbaceous plant found in areas with abundant sunlight where competition in the herbaceous layer is minimal. It has been federally listed as Endangered under the ESA since 1992.10 Typical habitat for this plant includes meadows, open woodlands, the ecotonal regions between meadows and woodlands, cedar barrens, dry limestone bluffs, clear cuts, and roadside and utility rights -of -way. In North Carolina, the species normally grows in magnesium- and calcium- rich soils associated with gabbro and diabase parent material, and typically occurs in Iredell, Misenheimer, and Picture soil series. It grows best where there is abundant sunlight, little competition in the herbaceous layer, and periodic disturbances (e.g., regular fire regime, well-timed mowing, careful clearing) that prevents encroachment of s United States Fish and Wildlife Services. 1991. Endangered and Threatened Wildlife and Plants; Helianthus schweinitzii (Schweinitz's sunflower) Determined to be Endangered. hftp://ecos.fws.gov/docs/f`ederal_register/frl852.pdf. 10 United States Fish and Wildlife Services. 1992. Endangered and Threatened Wildlife and Plants; Echinacea laevigata (Smooth Coneflower) Determined to be Endangered. http://ecos.fws.gov/docs/federal_register/fr2l40.pdf. Page 3 of 6 Dawnalia Drive Protected Species Assessment Report October 27, 2022 CWS Project No. 2022-0119 shade -producing woody shrubs and trees. On sites where woody succession is held in check, it is characterized by a number of species with prairie affinities. Biological Analysis: A NCNHP data record review revealed that there are no current occurrences for this species within the project limits, or within a one -mile radius of the project (Attachment A). The forested areas within the project limits do not provide the abundant sunlight the smooth coneflower requires. In addition, Iredell, Misenheimer and Picture soil series commonly associated with the smooth coneflower are not found within the project limits" . Due to the lack of suitable habitat and known occurrences, CWS concludes this project will have no effect on the smooth coneflower. Michaux's sumac (Rhus michauxi�) Habitat Description: Michaux's sumac is a rhizomatous shrub. It is densely hairy with compound leaves exhibiting evenly -serrated leaflets. Flowers are small, greenish to white, in terminal clusters. Fruits are red drupes produced from August to October. It has been listed as an Endangered species under the Endangered Species Act (ESA) since 1989.12 It is found on the coastal plains of Virginia to Florida, with most populations occurring in North Carolina. It prefers sandy or rocky open woods with basic soils, as well as, highway right-of-ways, roadsides, or edges of artificially -maintained clearings. Biological Analysis: A NCNHP data record review revealed that there are no current occurrences for this species within the project limits (Attachment A). Disturbed open areas conducive to early -successional species are not present in the project area. The on -site soil series are slightly acidic which is not suitable habitat for Michaux's sumac. Additionally, there are no current records of this species within Mecklenburg County13. Due to the lack of habitat and known occurrences, CWS concludes that this project will have no effect on Michaux's sumac. Tricolored bat (Perimyotis subflavus) On September 14, 2022, the U.S. Fish and Wildlife Service (Service) published a proposal in the Federal Register to list the tricolored bat (Perimyotis subflavus) as endangered under the Act. 14 The Service has up to 12-months from the date the proposal published to make a final determination, either to list the tricolored bat under the Act or to withdraw the proposal. The Service determined the bat faces extinction primarily due to the range -wide impacts of white -nose syndrome (WNS), a deadly fungal disease affecting cave -dwelling bats across North America. Because tricolored bat populations have been greatly reduced due to WNS, surviving bat populations are now more vulnerable to other stressors such as human disturbance and habitat loss. Species proposed for listing are not afforded protection under the Act; however, as United States Department of Agriculture, 2021. Web Soil Survey of Mecklenburg County, North Carolina. Accessed 09/30/2022 Source: https://websoilsurvey.nres.usda.gov/app/HomePage.htm 12 United States Fish and Wildlife Services. 1989. Endangered and Threatened Wildlife and Plants; Determination of Endangered Status for Rhus michauxii (Michaux's sumac). http://ecos.fws.gov/docs/federal_ register/fr1601.pdf. 13 USFWS Michaux's Sumac Recovery Plan; https://ecos.fws.gov/docs/recovery_plan/930430.pdf 14 https://www.govinf6.gov/content/pkg/FR-2022-09-14/pdf/2022-18852.pdf#page=13 Page 4 of 6 Dawnalia Drive Protected Species Assessment Report October 27, 2022 CWS Project No. 2022-0119 soon as a listing becomes effective (typically 30 days after publication of the final rule in the Federal Register), the prohibitions against jeopardizing its continued existence and "take" will apply. Therefore, if a future or existing project may affect tricolored bats after the potential new listing goes into effect, USFWS recommends analyzing possible effects of the project on tricolored bats and their habitat to determine whether consultation under section 7 of the Act is necessary. Conferencing procedures can be followed prior to listing to ensure the project does not jeopardize the existence of a species or adversely modify critical habitat. Projects with an existing section 7 biological opinion may require reinitiation of consultation to provide uninterrupted authorization for covered activities. Bald eagle (Haliaeetus leucocephalus) The Bald and Golden Eagle Protection Act,15 enacted in 1940, prohibits anyone without a permit issued, from "taking" bald eagles, including their parts, nests, or eggs. Habitat for the bald eagle includes cliffs and forested areas typically within 1.0 mile of estuaries, large lakes, reservoirs, rivers, seacoast, and as they become more abundant, stands of undisturbed forest. A desktop-GIS assessment of the project study area, as well as, the area within a 1 mile radius of the project limits, was performed on October 5, 2022, using 2021 color aerials. There are no water bodies located within 1 mile of the Dawnalia Drive project that are potentially large enough or sufficiently open to be considered a potential feeding source. According to the NCNHP database, there are no current occurrences of this species within 1.0 mile of the project study area. Additionally, no bald eagles or bald eagle nests were observed within the study area at the time of the site visit. Due to the lack of optimal habitat within the project limits and lack of observations, CWS concludes that this project will have no effect on this species. Summary Based on the literature search and the results of the on -site assessment for suitable habitat of federally -protected endangered, and threatened species, suitable habitat was not observed within the project limits for Schweinitz's sunflower, smooth coneflower, Michaux's sumac, or bald eagle. CWS has concluded that activities within the project area will not directly or indirectly jeopardize the continued existence of Schweinitz's sunflower, smooth coneflower, Michaux's sumac, or bald eagle. While section 7 of the Endangered Species Act review is not required now for the tricolored bat, it would be required after a final effective date of listing if one occurs. Biological determinations requirements for federally protected species are summarized in Table 2. 15 https://www.fws.gov/midwest/MidwestBird/eaglepermits/bagepa.html Page 5 of 6 Dawnalia Drive Protected Species Assessment Report October 27, 2022 CWS Project No. 2022-0119 Table 2. Biological Determination Requirements Summary Table for Federally Protected Species Scientific Name Common Name Federal Status* Effect on Listed Species Helianthus schweinitzii Schweinitz's sunflower E No Effect Echinacea laevigata Smooth coneflower E No Effect Rhus michauxii Michaux's sumac E No Effect Perimyotis subflavus Tricolored bat PE TBD*** Haliaeetus leucocephalus Bald eagle BGPA No Effect * E - Endangered, PE - Proposed Endangered, BGPA - Bald and Golden Eagle Protection Act A biological assessment was not conducted for this project. All biological determinations of effect represent the best professional opinion of CWS and are not official determinations of effect. It is the responsibility of the lead federal agency to render an official determination of effect. Thank you for the opportunity to provide these services on this important project. Please do not hesitate to contact Megan Bollero at 757-576-6433 or megan@cws-inc.net should you have any questions or comments regarding this report. Sincerely, IT&� Megan Bollero, WPIT Project Scientist Aliisa Harjuniemi, PWS Senior Project Manager Attachments: Figure 1: USGS Topographic Map Figure 2: USDA-NRCS Web Soil Map of Mecklenburg County Figure 3: Aerial Map Attachment A: NCNHP Data Review Report Attachment B: Representative Photographs (1-6) Page 6 of 6 l 4 /try Ll O� vZ ,not i- 350 R FV % - 5 I Central Piedmont Co mmuniTy Coll fHarris Campus PAYN WIN a ; , n 9sti m F9 f ;. T I II r Rti - ct - Reid RY Pp5 "P��F Park Acad 'EN r/ �! 4-1 n J WEST BLVD CC l J� lJ F fit== Il1 : D ps�l Hr tvANs ai O 3a� L \� I 'yqM c I1 PY�Yy ` � z Legend F lP' The Art i 000" Institute Chlotte _ Project Limits (13 ac.) Charl_ _ _ _ - - 2,000 1,000 0 2,000 Feet --- REFERENCE: USGS 7.5 MINUTE TOPOGRAPHIC QUADRANGLE(S): CHARLOTTE WEST, NC (2019). - - SCALE: DATE: FIGURE NO. 1 inch = 2,000 feet 3/10/2022 USGS Topographic Map CWS PROJECT NO: DRAWN BY: 2022-0119 ALH Dawnalia Drive COORDINATES: CHECKED BY: Cj A R O L I N A Mecklenburg County 35.205296,-80.917128 AVH WETLAND SERVICES Charlotte, North Carolina G:\Shared drives\Consulting Team Drive\2022\2022 Consulting Projects\2022-0041 Dawnalia Drive\Preliminary Wetland Investigation\ArcGIS\Figure2_USGS.mxd IIIE MeB 1 V\IkB UL CeB2 4 MeD co a MeD �'� i�5�`e MeD Me J Q dot Q`� Flk�� W Q) Va Mont P Q MeD _ EnB MID By a t c ' Q o MeD Fordwood Dr E MeB � MeB Ur EnB �y U e �� e D � o rn :oc a_arkMont Dr Ora Shley Cr G% 'V s a ur UL eD $ 03 CDC CUB �3 �ni 1 EnB MeD CuB W 4�9ess nD MO o WkD a CD MeD OC 'Q EnB CD 4byl B kB /\ Q o� e(9 Gd? Me WkD WkD a MO m eB Fp e�qG �� CeB2 CeB2CuB Reb EnB eo�q` EnB MeB EnB MeD Me I MO 1 EnB WkD MeD W e - MeD eD WkB EnB MeB Me MeD O MeB MeB EnB nD y En6 o; o; � e MeD UL CeD2 CeD2 MeB Legend Soil Unit Name and Description dric Coverage (% ) CuB Cecil -Urban land complex, 2 to 8 percent slopes No 11.1 eD2 B2 Q Project Limits (13 ac.) EnB Enon sandy loam, 2 to 8 percent slopes No 23.3 MO Monacan loam, 0 to 2 percent slopes, frequently flooded Yes 16 Roads WkD Wilkes loam, 8 to 15 percent slopes No 49.6 2 Total Coverage e 1,000 500 0 1,000 Feet REFERENCE: USDA-NRCS WEB SOIL SURVEY OF MECKLENBURG COUNTY, NC, DATED 2021. CeeD2 MeB — C B2 SCALE: DATE: USDA-NRCS Web Soil Survey FIGURE NO. 1 inch = 1,000 feet 3/10/2022 of Mecklenburg County CWS PROJECT NO: DRAWN BY: 2022-0119 ALH Dawnalia Drive 2 COORDINATES: CHECKED BY: �+ y A R O L I N A Mecklenburg County 35.205296,-80.917128 AVH WETLAND SERVICES Charlotte, North Carolina G:\Shared drives\Consulting Team Drive\2022\2022 Consulting Projects\2022-0041 Dawnalia Drive\Preliminary Wetland Investigation\ArcGIS\Figure4_Current.mxd G:\Shared drives\Consulting Team Drive\2022\2022 Consulting Projects\2022-0119 Dawnalia\PETS\Figures\Figure3_Aerial.mxd Dawnalia Drive Attachments October 27, 2022 CWS Project No. 2022-0119 Attachment A: NCNHP Ray Cooper, Governor ■■son NC DEPARTMENT OF ■■�■i NATURAL AND CULTURAL RESOURCES ■ ■■ October 5, 2022 Megan Bollero Carolina Wetland Services 550 East Westinghouse Blvd Charlotte, NC 28273 RE: Dawnalia Drive; 2022-0119 Dear Megan Bollero: D_ Reid Wilson, Secretary Misty Buchanan Deputy Director, Natural Heritage Program NCNHDE-19536 The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources for the project referenced above. Based on the project area mapped with your request, a query of the NCNHP database indicates that there are no records for rare species, important natural communities, natural areas, and/or conservation/managed areas within the proposed project boundary. Please note that although there may be no documentation of natural heritage elements within the project boundary, it does not imply or confirm their absence; the area may not have been surveyed. The results of this query should not be substituted for field surveys where suitable habitat exists. In the event that rare species are found within the project area, please contact the NCNHP so that we may update our records. The attached 'Potential Occurrences' table summarizes rare species and natural communities that have been documented within a one -mile radius of the property boundary. The proximity of these records suggests that these natural heritage elements may potentially be present in the project area if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile radius of the project area, if any, are also included in this report. If a Federally -listed species is found within the project area or is indicated within a one -mile radius of the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for guidance. Contact information for USFWS offices in North Carolina is found here: https://www.fws.gov/offices/Di rectory/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.butler(a)ncdcr.gov or 919-707-8603. Sincerely, NC Natural Heritage Program DEPARTMENT OF NATURAL AND CULTURAL RESOURCES Q 121 W. JONES STREET, RALEIGH. NC 27603 • 1651 MAIL SERVICF CENTER, RALEIGH. NC 27699 OFC 919.707.9120 • FAX 919707.9121 0 S M �a (10 (10(10 �v _o� C� ra 0 Q � 0 � 0 0 U N N @ + N O7 N O7 ) 'O i }, r6 4- � C r6 _0 C r6 M 0 n C _ C 0 w w o 0 0 w 2 @ 0 0 0 0 4- O7 ro a -0 ra (a)+- W C ro C ro O — w c w 4- 4- 4- 4-4-J4-J 41 c c c c c c C 41 C 4-1 4-1 41 C C C , E E E E E E E E E E E � U 7 7 i N i i i i i i i i i i i O @ :3 0 >, > > > > > > > > > > > ro U N N > J 0 0 0 0 0 0 O O O O O C U i UUUUUUUUUUU Q M M N-FoC l6 l6 l6 N U U U U U@- U U U U U U@ U O O O O O O 4 O U O u@ U U U@ O O O a-+ O O J J J J J J (n J J J J J (n c C C' N N Cx x (t _ Q U r m O0N W U O rya > N 0 � C Q N M C >, ro ro N Ld 1 LLJ 0 0 0 0 U @ 0 p @ ro CU a a 0 @ N C Z_ l6 i r6 Q @ N C @@ U O Z Q vOi Q U N O OZ �o E Q U O +' rp a Q0-Q O .0 Q C C C C C O @ a a 41 p a�a�a�a�a�a�0> O > O >>>� O O O N p p 41 41 41 41�} �t CU U UUU.p 41 - t - 0000000 i i E Ln+, 2) 2) C 2 r6 Z 0 O a N ro ro rcl ro ro ro L L L L L L ,> E wZ l6 UUUUUU QC C C C C(n o U _ _ a U)0 w w w w w w 0 0 0 0 0 0 0 0 0 0 0 0 a o@ C ro a 0 r6 C r6 C -Y r6 a 0 U) >, >, >, >, >, >, U +� +1 +1 +� +� +� U 0 U 0 U U U C 0 0 0 U ro N ro J N :3 U U U U U U Z Y y Y Y Y Z Y U p E o 0O— ro ro ro ro p �U U U a ra-Y � O E O E E a �a N r6 1 @ r6 i N E O C ro p ro p @ +� ra c 0 C >, U M> a- ro W � U U U r6 L Q r6 C c, O7 @ N NQ a'(n� 41U z ro ro E C @ O O 0c 7 � N N N N N N p _N w 'Z C U ra ra i ra ra ra a U J J O � m m m m m m oo c C c c c o � 0 (% p C a a a a a a+ N 0 o o o> ro z n 0 0 E (n (n (n (n (n (n U a c c c c c cCC) 0 a O a a a:3 O O O m LO � U O a a a a a a 0> O M M M C)� �� ° ro @OOOOOO z0000004 0 � O D D Dc D 0000)0 +- 0 ro ra pU U UUUU O 0 0 0 0 0 0 p roU � � �0C �0C �0CN �U ��UUUUUUpp �-C-C���U @> C N O C Q l6 O707� C NN O O O O O O 0C @ �E 0 D X O � mo �mo O w zC i�Q E U U 0-Y-Y 0 0 0 0 M > N .> ro ro 1 ++ 4--ro ap N N N N N Ua �CDWmWm> z ��UUUUUUWyayoyyyzyCN V) ro n N N O N >T 7 N a Z U Z N U 7 O V) N N O N L N � Q O 9 U Oo C d 07 -O Z (1)U o Z Q C >1 O) O i T � O N 44-44-44-44-44-44-44-41 N N N N N N N N 41 N 41 N N -0 j m 41 l6 a-+ l6 a--+ l6 a-+ l6 a--+ l6 a-+ l6 a--+ l6 a-+ l6 a--+ l6 a-+ 6 -O rD ro O cn cn cn cn cn cn cn cn cn cn 6 21 0 u Z, ci c N O U cy U ' (10 c > O U C U C U C U C U C U C U C U C U C C O Ln E i O) O) O) O) O) O) O) O) 0) (6 C cm C C C C C C C C C N @ W N W W W W W W W W c Q O O O O O O O O O O c m c +1 c c c c c c c c c c O Ln c O O O O O O O O O c> c> c> c> c c> C: C: c.>_ c > 5 ,�., � vS�vS�vS�vS�vS�vS�vS�vS�vS�O .� �o a 0)0- 0)0- 0)a 0) a_ 0) a_ 0) a_ 0)0- 0)0- 0)w o Q o cp cp cp cp cp cp cp cp cp cp U 2 U ro U ro U ro U ro U ro U ro U ru U ro U 9 ZYZYZYZYZYZYZYZYZYZ O rco9 @ U N 6 Q O O ro E 41 C: C ro N C 0 N c N O c @ N N O ro i C N i N i N i N i N i N i N i N i N ro LL O -E c)Q Q Q Q Q Q Q Q °1 7' O O O O O O O O O _0 7 7 7 7 7 7 7 7 7 > row }, O O O O O O O O O C >, >, >, >t >t >t >t >t >t O G E m m m m m m m m m .O o c>1 c >1 c >1 c >1 c >1 c >1 c >1 c >1 c ro fu 0 UO E} O O O O O O O O 0) �o } }}},+_+_,' .cm o p@ ro D ro 0)O D ro 0)O D ro 0)O D ro 0)O D ro 0)O D ro 0)O D ro 0)O D ro 0)o D xE �Z.0)O (O (O �' U +-+ U a-+ U +-+ U a-+ U +-+ U z U z U Z U c O N N O) O) O) O) O) O) O) O) O) O c Q Q 7 7 7 7 7 7 7 7 7 � ro ro o N N N C N N@ C N N@ C N N@ C N N@ C N N@ C N N@ C N N@ C N N@ C N> c +� O l6 9 C C ru ru U U O U U O U U O U U O U U O U U O U U O U U O U U O U 2:2: Z2: Z2: Z2: Z2: Z y Z y Z y Z y Z y Z 0 O M N CD a m c � � d m � W paned Ross Rd 0 L � a V pro ' m aA of '011+Nuay M V. co mpnk � �Ye S�z a "Yo Q� lrpfl`c Sfsd� J x + m O N CD a Dawnalia Drive Attachments October 27, 2022 CWS Project No. 2022-0119 Attachment B: Photopage (Photographs 1-6) Dawnalia Drive Attachment B: Photopage October 27, 2022 CWS Project No. 2022-0119 Photograph 1. View of unsuitable habitat for any terrestrial species, facing southwest. Mp Photograph 2. View of unsuitable habitat for any terrestrial species, facing northwest. Photopage 1 of 3 Dawnalia Drive Attachment B: Photopage October 27, 2022 CWS Project No. 2022-0119 :� ;. .... ZW :$r u.� ,^i-':':. �i�;�y'. .'rY,;:.�:.3 �.'y,-eY..i' i y�.`••`^..',�}',` }' ,2'i,� :.i[[�. Jy �:��. �• Photograph 3. View of unsuitable habitat for any terrestrial species, facing southwest. Photograph 4. View of unsuitable habitat for any terrestrial species, facing southeast. Photopage 2 of 3 ;;��:. ••R: jF:�;.,. � . �'-�d ':`.,�; x':�T;';Z.' J4ty�'� .. ::7',I pl;�r.•. •- -- +L:-.. - y IV 3 .Vk � •�.4� Li " y � V �� S r• � It 10/7/22, 11:55 AM 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 t❑ the trust resources addressed in that section. �►, Location Mecklenburg County, North Carolina 0 04i* i 7• Local office Asheville Ecological Services Field Office L (828) 258-3939 (828) 258-5330 https://ipac.ecosphere.fws.gov/location/ANUJ4UKVLFER7JRW3DMAQ05FXM/resources 1/13 10/7/22, 11:55 AM IPaC: Explore Location resources 160 Zillicoa Street Asheville, NC 28801-1082 O00,1\0 Foy https://ipac.ecosphere.fws.gov/location/ANUJ4UKVLFER7JRW3DMAQ05FXM/resources 2/13 10/7/22, 11:55 AM 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. 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 ❑btained by requesting an official species list from either the Regulatory Review section in IPaC (see directions below) or from the local field office directly. 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 ❑EFINE 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 their jurisdiction. 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.fws.gov/location/ANUJ4UKVLFER7JRW3DMAQ05FXM/resources 3/13 10/7/22, 11:55 AM IPaC: Explore Location resources 2. , 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/ecplspecies/ 10515 Insects NAME STATUS Proposed Endangered 114 STATUS \0 Monarch Butterfly ❑anaus plexippus Candidate Wherever found No critical habitat has been designated for this species. https:/lecas.fws.govlecplspecies19743 Flowering Plants NAME STATUS Michaux's Sumac Rhus michauxii Endangered Wherever found No critical habitat has been designated for this species. https://ecos.fws.gov/ecplspecies/5217 X%%,4Nw Schweinitz's Sunflower Helianthus schweinitzii Endangered Wherever found No critical habitat has been designated for this species. Smooth Coneflower Echinacea laevigata Threatened Wherever found No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/3473 Critical habitats https://ipac.ecosphere.fws.gov/location/ANUJ4UKVLFER7JRW3DMAQ05FXM/resources 4/13 10/7/22, 11:55 AM 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 Act- and the Bald and Golden Eagle Protection Act=. 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. -r 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.got/programlmigratory-birds/species • Measures for avoiding and minimizing impacts to birds https://www.fws.gov/l i bra ry/col lecti ons/avoiding-and-minimizing-incidental-ta ke- migratory-birds • Nationwide conservation measures for birds https://www.fws.gov/sites/defa u It/files/documents/nationwide-standard-conse rvati on- 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 (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.fws.gov/location/ANUJ4UKVLFER7JRW3DMAQO5FXM/resources 5/13 10/7/22, 11:55 AM 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. https.-//ecos.fws.gov/ecplspecies/1626 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/ecplspecies/9399 Chimney Swift Chaetura pelagica This is a Bird of Conservation Concern (BCC) throughout its BREEDING SEASON Breeds Sep 1 to jul 31 Breeds May 15 to Oct 10 Breeds Mar 15 to Aug 25 range in the continental USA and Alaska. e"N" raw) Eastern Whip -poor -will Antrostomus vociferus This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Kentucky Warbler Oporornis formosus 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. Breeds May 1 to Aug 20 Breeds Apr 20 to Aug 20 Breeds May 1 to Jul 31 Breeds Apr 1 to Jul 31 Breeds May 10 to Sep 10 https://ipac.ecosphere.fws.gov/location/ANUJ4UKVLFER7JRW3DMAQ05FXM/resources 6/13 10/7/22, 11:55 AM IPaC: Explore Location resources Rusty Blackbird Euphagus carolinus Breeds elsewhere This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions (BCRs) in the continental USA 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. 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( ) https://ipac.ecosphere.fws.gov/location/ANUJ4UKVLFER7JRW3DMAQ05FXM/resources 7/13 10/7/22, 11:55 AM IPaC: Explore Location resources 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 ( ) 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 I survey effort — no data SPECIES JAN FEB MAR APR MAY JUN JUL AUG V46 OCT NOV DEC Bald Eagle +III IIII I I I 1 1 l Non -BCC , Vulnerable ' I I -- — — — — -- --« -- Black-billed { IIII III{ l I�-1 f I {..{..{-I..1..1..1..1..1..{. I..E. ,. 1 11 1 1 .1..1. I..I.A .{ .I I l Cuckoo BCC Rangewide (CON) Chimney Swift i-+ I l + I I{ 1 1 1 1 1 1 11 Jill 1 1 1 1 I I I I 1 1 1' ' 1 1 1 1 1 1 1 fill if l BCC Rangewide (CON) Eastern Whip- 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1111 1 1 1 1 1 1 1 1 Jill ' 1 1 1 1 1 1 1 fill fill poor -will BCC Rangewide (CON) Kentucky Warbler BCC Rangewide (CON) Prairie Warbler I I I IIII IIII I l l l BCC Rangewide (CON) Prothonotary 1 IIII 1 1 1 1 1 1 I l l 1 1 1 1 1 1 1 1 1 1 1 Jill III Warbler BCC Rangewide (CON) https://ipac.ecosphere.fws.gov/location/ANUJ4UKVLFER7JRW3DMAQ05FXM/resources 8/13 10/7/22, 11:55 AM IPaC: Explore Location resources Red-headed IIII 1111 1111 Jill IIII IIII Woodpecker BCC Rangewide (CON) Rusty Blackbird I I I I I I I I I I I I I I I IIII I i l l' I I I 1111 1111 I I I BCC - BCR Wood Thrush IIII IIII Jill 'III 1111 1111 IIII BCC Rangewide (CON) 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 1 Okm 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 . This data is derived from a growing collection of 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? https://ipac.ecosphere.fws.gov/location/ANUJ4UKVLFER7JRW3DMAQ05FXM/resources 9/13 10/7/22, 11:55 AM IPaC: Explore Location resources 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. "Nan -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 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. 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 https://ipac.ecosphere.fws.gov/location/ANUJ4UKVLFER7JRW3DMAQ05FXM/resources 10/13 10/7/22, 11:55 AM IPaC: Explore Location resources 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. Coastal Barrier Resources System 40 \O� 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) (15 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. 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. https://ipac.ecosphere.fws.gov/location/ANUJ4UKVLFER7JRW3DMAQ05FXM/resources 11/13 10/7/22, 11:55 AM IPaC: Explore Location resources Facilities National Wildlife Refuge lands Any activity proposed on lands managed by the undergo a 'Compatibility Determination' conducted by the Refuge individual Refuges to discuss any questions or concerns. There are no refuge lands at this location. Fish hatcheries There are no fish hatcheries at this location. system must Please contact the Wetlands in the National Wetlands Inventory (NWI) 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. This location overlaps the following wetlands: FRESHWATER FORESTED/SHRUB WETLAND Palustrine A full description for each wetland code can be found at the National Wetlands Inventory https://ipac.ecosphere.fws.gov/location/ANUJ4UKVLFER7JRW3DMAQ05FXM/resources 12/13 10/7/22, 11:55 AM IPaC: Explore Location resources NOTE: This initial screening does not replace an on -site delineation to determine whether wetlands occur. Additional information on the NWI data is provided below. 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 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 subtidaI 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 lc� 0\ 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. https://ipac.ecosphere.fws.gov/location/ANUJ4UKVLFER7JRW3DMAQ05FXM/resources 13/13 Dawnalia Drive Attachments April 17, 2023 CWS Project No. 2022-0119 Attachment G: SHPO Letter North Carolina Department of Natural and Cultural Resources State Historic Preservation Office Ramona M. Bartos, Administrator Governor Roy Cooper Secretary D. Reid Wilson April 14, 2023 Megan Bollero, WPIT Carolina Wetland Services Inc. 550 East Westinghouse Boulevard Charlotte, NC 28273 Office of Archives and History Deputy Secretary, Darin J. Waters, Ph.D. me an e,cws-inc.net RE: Construct apartment complex, Dawalia Drive, Charlotte, Mecklenburg County, ER 23-0445 Dear Ms. Bollero: Thank you for your letter of February 7, 2023, regarding the above -referenced undertaking. We have reviewed the submittal and offer the following comments. We have conducted a review of the project and are aware of no historic resources which would be affected by the project. Therefore, we have no comment on the project as proposed. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, contact Renee Gledhill -Earley, environmental review coordinator, at 919-814-6579 or environmental.review(2ncdcr.gov. In all future communication concerning this project, please cite the above referenced tracking number. Sincerely, Ramona Bartos, Deputy State Historic Preservation Officer Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: (919) 814-6570/814-6898 Dawnalia Drive Attachments April 17, 2023 CWS Project No. 2022-0119 Attachment H: NCSAM Forms (1 &2) NC SAM FIELD ASSESSMENT FORM Accompanies User Manual Version 2.1 USACE AID #: NCDWR #: INSTRUCTIONS: Attach a sketch of the assessment area and photographs. Attach a copy of the USGS 7.5-minute topographic quadrangle, and circle the location of the stream reach under evaluation. If multiple stream reaches will be evaluated on the same property, identify and number all reaches on the attached map, and include a separate form for each reach. See the NC SAM User Manual for detailed descriptions and explanations of requested information. Record in the "Notes/Sketch" section if supplementary measurements were performed. See the NC SAM User Manual for examples of additional measurements that may be relevant. NOTE EVIDENCE OF STRESSORS AFFECTING THE ASSESSMENT AREA (do not need to be within the assessment area). PROJECT/SITE INFORMATION: 1. Project name (if any): Dawnalia Drive 3. Applicant/owner name: Lucern Capital Partners 5. County: Mecklenburg 7. River basin: Catawba 2. Date of evaluation: 03/15/22 4. Assessor name/organization: 6. Nearest named water body on USGS 7.5-minute quad: CWS, Inc. art Creek 8. Site coordinates (decimal degrees, at lower end of assessment reach): 35.205369,-80.916350 STREAM INFORMATION: (depth and width can be approximations) 9. Site number (show on attached map): Stream A 10. Length of assessment reach evaluated (feet): 502 11. Channel depth from bed (in riffle, if present) to top of bank (feet): 3 ❑Unable to assess channel depth. 12. Channel width at top of bank (feet): 5 13. Is assessment reach a swamp steam? ❑Yes ❑No 14. Feature type: ❑Perennial flow ®Intermittent flow ❑Tidal Marsh Stream STREAM CATEGORY INFORMATION: 15. NC SAM Zone: ❑ Mountains (M) ® Piedmont (P) ❑ Inner Coastal Plain (1) ❑ Outer Coastal Plain (0) 16. Estimated geomorphic ®A� J El valley shape (skip for Tidal Marsh Stream): (more sinuous stream, flatter valley slope) (less sinuous stream, steeper valley slope) 17. Watershed size: (skip ®Size 1 (< 0.1 mi2) ❑Size 2 (0.1 to < 0.5 mil) ❑Size 3 (0.5 to < 5 mil) ❑Size 4 (>_ 5 mil) for Tidal Marsh Stream) ADDITIONAL INFORMATION: 18. Were regulatory considerations evaluated? ®Yes ❑No If Yes, check all that apply to the assessment area. ❑Section 10 water ❑Classified Trout Waters ❑Water Supply Watershed (❑l ❑II ❑III ❑IV ❑V) ❑Essential Fish Habitat ❑Primary Nursery Area ❑ High Quality Waters/Outstanding Resource Waters ❑Publicly owned property ❑NCDWR Riparian buffer rule in effect ❑Nutrient Sensitive Waters ❑Anadromous fish ❑303(d) List ❑CAMA Area of Environmental Concern (AEC) ❑Documented presence of a federal and/or state listed protected species within the assessment area. List species: ❑Designated Critical Habitat (list species) 19. Are additional stream information/supplementary measurements included in "Notes/Sketch" section or attached? ❑Yes ®No 1. Channel Water -assessment reach metric (skip for Size 1 streams and Tidal Marsh Streams) ❑A Water throughout assessment reach. ®B No flow, water in pools only. ❑C No water in assessment reach. 2. Evidence of Flow Restriction - assessment reach metric ❑A At least 10% of assessment reach in -stream habitat or riffle -pool sequence is severely affected by a flow restriction or fill to the point of obstructing flow or a channel choked with aquatic macrophytes or ponded water or impoundment on flood or ebb within the assessment reach (examples: undersized or perched culverts, causeways that constrict the channel, tidal gates, debris jams, beaver dams). ®B Not 3. Feature Pattern - assessment reach metric ❑A A majority of the assessment reach has altered pattern (examples: straightening, modification above or below culvert). ®B Not 4. Feature Longitudinal Profile - assessment reach metric ®A Majority of assessment reach has a substantially altered stream profile (examples: channel down -cutting, existing damming, over widening, active aggradation, dredging, and excavation where appropriate channel profile has not reformed from any of these disturbances). ❑B Not 5. Signs of Active Instability - assessment reach metric Consider only current instability, not past events from which the stream has currently recovered. Examples of instability include active bank failure, active channel down -cutting (head -cut), active widening, and artificial hardening (such as concrete, gabion, rip -rap). ❑A < 10% of channel unstable ®B 10 to 25% of channel unstable ❑C > 25% of channel unstable Streamside Area Interaction — streamside area metric Consider for the Left Bank (LB) and the Right Bank (RB). LB RB ❑A ❑A Little or no evidence of conditions that adversely affect reference interaction ®B ®B Moderate evidence of conditions (examples: berms, levees, down -cutting, aggradation, dredging) that adversely affect reference interaction (examples: limited streamside area access, disruption of flood flows through streamside area, leaky or intermittent bulkheads, causeways with floodplain constriction, minor ditching [including mosquito ditching]) ❑C ❑C Extensive evidence of conditions that adversely affect reference interaction (little to no floodplain/intertidal zone access [examples: causeways with floodplain and channel constriction, bulkheads, retaining walls, fill, stream incision, disruption of flood flows through streamside area] or too much floodplain/intertidal zone access [examples: impoundments, intensive mosquito ditching]) or floodplain/intertidal zone unnaturally absent or assessment reach is a man-made feature on an interstream divide Water Quality Stressors — assessment reach/intertidal zone metric Check all that apply. ®A Discolored water in stream or intertidal zone (milky white, blue, unnatural water discoloration, oil sheen, stream foam) ❑B Excessive sedimentation (burying of stream features or intertidal zone) ❑C Noticeable evidence of pollutant discharges entering the assessment reach and causing a water quality problem ❑D Odor (not including natural sulfide odors) ❑E Current published or collected data indicating degraded water quality in the assessment reach. Cite source in "Notes/Sketch" section. ❑F Livestock with access to stream or intertidal zone ❑G Excessive algae in stream or intertidal zone ❑H Degraded marsh vegetation in the intertidal zone (removal, burning, regular mowing, destruction, etc) ❑I Other: (explain in "Notes/Sketch" section) ❑J Little to no stressors 8. Recent Weather — watershed metric (skip for Tidal Marsh Streams) For Size 1 or 2 streams, D1 drought or higher is considered a drought; for Size 3 or 4 streams, D2 drought or higher is considered a drought. ❑A Drought conditions and no rainfall or rainfall not exceeding 1 inch within the last 48 hours ❑B Drought conditions and rainfall exceeding 1 inch within the last 48 hours ®C No drought conditions 9. Large or Dangerous Stream — assessment reach metric ❑Yes ®No Is stream is too large or dangerous to assess? If Yes, skip to Metric 13 (Streamside Area Ground Surface Condition). 10. Natural In -stream Habitat Types — assessment reach metric 10a. ❑Yes ❑No Degraded in -stream habitat over majority of the assessment reach (examples of stressors include excessive sedimentation, mining, excavation, in -stream hardening [for example, rip -rap], recent dredging, and snagging) (evaluate for Size 4 Coastal Plain streams only, then skip to Metric 12) 10b. Check all that occur (occurs if > 5% coverage of assessment reach) (skip for Size 4 Coastal Plain streams) ❑A Multiple aquatic macrophytes and aquatic mosses W ❑F 5% oysters or other natural hard bottoms (include liverworts, lichens, and algal mats) E ❑G Submerged aquatic vegetation ®B Multiple sticks and/or leaf packs and/or emergent o w ❑H Low -tide refugia (pools) vegetation Y r ❑I Sand bottom ❑C Multiple snags and logs (including lap trees) r12 M ❑J 5% vertical bank along the marsh ❑D 5% undercut banks and/or root mats and/or roots 0 :5 ❑K Little or no habitat in banks extend to the normal wetted perimeter ❑E Little or no habitat *********************************REMAINING QUESTIONS ARE NOT APPLICABLE FOR TIDAL MARSH STREAMS**************************** 11. Bedform and Substrate — assessment reach metric (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams) 1 la. ❑Yes ®No Is assessment reach in a natural sand -bed stream? (skip for Coastal Plain streams) 11 b. Bedform evaluated. Check the appropriate box(es). ❑A Riffle -run section (evaluate 11c) ®B Pool -glide section (evaluate 11d) ❑C Natural bedform absent (skip to Metric 12, Aquatic Life) 11 c. In riffle sections, check all that occur below the normal wetted perimeter of the assessment reach — whether or not submerged. Check at least one box in each row (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams). Not Present (NP) = absent, Rare (R) = present but < 10%, Common (C) _ > 10-40%, Abundant (A) _ > 40-70%, Predominant (P) _ > 70%. Cumulative percentages should not exceed 100% for each assessment reach. NP R C A P ❑ ❑ ❑ ❑ ❑ Bedrock/saprolite ❑ ❑ ❑ ❑ ❑ Boulder (256 — 4096 mm) ❑ ❑ ❑ ❑ ❑ Cobble (64 — 256 mm) ❑ ❑ ❑ ❑ ❑ Gravel (2 — 64 mm) ❑ ❑ ❑ ❑ ❑ Sand (.062 — 2 mm) ❑ ❑ ❑ ❑ ❑ Silt/clay (< 0.062 mm) ❑ ❑ ❑ ❑ ❑ Detritus ❑ ❑ ❑ ❑ ❑ Artificial (rip -rap, concrete, etc.) 11d. ®Yes ❑No Are pools filled with sediment? (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams) 12. Aquatic Life — assessment reach metric (skip for Tidal Marsh Streams) 12a. ®Yes ❑No Was an in -stream aquatic life assessment performed as described in the User Manual? If No, select one of the following reasons and skip to Metric 13. ❑No Water ❑Other: 12b. ❑Yes ®No Are aquatic organisms present in the assessment reach (look in riffles, pools, then snags)? If Yes, check all that apply. If No, skip to Metric 13. 1 >1 Numbers over columns refer to "individuals" for Size 1 and 2 streams and "taxa" for Size 3 and 4 streams. ❑ ❑Adult frogs ❑ ❑Aquatic reptiles ❑ ❑Aquatic macrophytes and aquatic mosses (include liverworts, lichens, and algal mats) ❑ ❑Beetles ❑ ❑Caddisfly larvae (T) ❑ ❑Asian clam (Corbicula) ❑ ❑Crustacean (isopod/amphipod/crayfish/shrimp) ❑ ❑Damselfly and dragonfly larvae ❑ ❑Dipterans ❑ ❑Mayfly larvae (E) ❑ ❑Megaloptera (alderfly, fishfly, dobsonfly larvae) ❑ ❑Midges/mosquito larvae ❑ ❑Mosquito fish (Gambusia) or mud minnows (Umbra pygmaea) ❑ ❑Mussels/Clams (not Corbicula) ❑ ❑Other fish ❑ ❑Salamanders/tadpoles ❑ ❑Snails ❑ ❑Stonefly larvae (P) ❑ ❑Tipulid larvae ❑ ❑Worms/leeches 13. Streamside Area Ground Surface Condition — streamside area metric (skip for Tidal Marsh Streams and B valley types) Consider for the Left Bank (LB) and the Right Bank (RB). Consider storage capacity with regard to both overbank flow and upland runoff. LB RB ❑A ❑A Little or no alteration to water storage capacity over a majority of the streamside area ®B ®B Moderate alteration to water storage capacity over a majority of the streamside area ❑C ❑C Severe alteration to water storage capacity over a majority of the streamside area (examples: ditches, fill, soil compaction, livestock disturbance, buildings, man-made levees, drainage pipes) 14. Streamside Area Water Storage — streamside area metric (skip for Size 1 streams, Tidal Marsh Streams, and B valley types) Consider for the Left Bank (LB) and the Right Bank (RB) of the streamside area. LB RB ❑A ❑A Majority of streamside area with depressions able to pond water >_ 6 inches deep ❑B ❑B Majority of streamside area with depressions able to pond water 3 to 6 inches deep ❑C ❑C Majority of streamside area with depressions able to pond water < 3 inches deep 15. Wetland Presence — streamside area metric (skip for Tidal Marsh Streams) Consider for the Left Bank (LB) and the Right Bank (RB). Do not consider wetlands outside of the streamside area or within the normal wetted perimeter of assessment reach. LB RB ❑Y ❑Y Are wetlands present in the streamside area? ®N ®N 16. Baseflow Contributors — assessment reach metric (skip for Size 4 streams and Tidal Marsh Streams) Check all contributors within the assessment reach or within view of and draining to the assessment reach. ®A Streams and/or springs (jurisdictional discharges) ❑B Ponds (include wet detention basins; do not include sediment basins or dry detention basins) ❑C Obstruction passing flow during low -flow periods within the assessment area (beaver dam, leaky dam, bottom -release dam, weir) ❑D Evidence of bank seepage or sweating (iron in water indicates seepage) ®E Stream bed or bank soil reduced (dig through deposited sediment if present) ❑F None of the above 17. Baseflow Detractors — assessment area metric (skip for Tidal Marsh Streams) Check all that apply. ❑A Evidence of substantial water withdrawals from the assessment reach (includes areas excavated for pump installation) ❑B Obstruction not passing flow during low -flow periods affecting the assessment reach (ex: watertight dam, sediment deposit) ®C Urban stream (>_ 24% impervious surface for watershed) ❑D Evidence that the streamside area has been modified resulting in accelerated drainage into the assessment reach ❑E Assessment reach relocated to valley edge ❑F None of the above 18. Shading — assessment reach metric (skip for Tidal Marsh Streams) Consider aspect. Consider "leaf -on" condition. ®A Stream shading is appropriate for stream category (may include gaps associated with natural processes) ❑B Degraded (example: scattered trees) ❑C Stream shading is gone or largely absent 19. Buffer Width — streamside area metric (skip for Tidal Marsh Streams) Consider "vegetated buffer" and "wooded buffer" separately for left bank (LB) and right bank (RB) starting at the top of bank out to the first break. Vegetated Wooded LB RB LB RB ®A ®A ®A ®A >_ 100 feet wide or extends to the edge of the watershed ❑B ❑B ❑B ❑B From 50 to < 100 feet wide ❑C ❑C ❑C ❑C From 30 to < 50 feet wide ❑D ❑D ❑D ❑D From 10 to < 30 feet wide ❑E ❑E ❑E ❑E < 10 feet wide or no trees 20. Buffer Structure — streamside area metric (skip for Tidal Marsh Streams) Consider for left bank (LB) and right bank (RB) for Metric 19 ("Vegetated" Buffer Width). LB RB ®A ®A Mature forest ❑B ❑B Non -mature woody vegetation or modified vegetation structure ❑C ❑C Herbaceous vegetation with or without a strip of trees < 10 feet wide ❑D ❑D Maintained shrubs ❑E ❑E Little or no vegetation 21. Buffer Stressors — streamside area metric (skip for Tidal Marsh Streams) Check all appropriate boxes for left bank (LB) and right bank (RB). Indicate if listed stressor abuts stream (Abuts), does not abut but is within 30 feet of stream (< 30 feet), or is between 30 to 50 feet of stream (30-50 feet). If none of the following stressors occurs on either bank, check here and skip to Metric 22: Abuts < 30 feet 30-50 feet LB RB LB RB LB RB ❑A ❑A ❑A ❑A ❑A ❑A Row crops ❑B ❑B ❑B ❑B ❑B ❑B Maintained turf ❑C ❑C ❑C ❑C ❑C ❑C Pasture (no livestock)/commercial horticulture ❑D ❑D ❑D ❑D ❑D ❑D Pasture (active livestock use) 22. Stem Density — streamside area metric (skip for Tidal Marsh Streams) Consider for left bank (LB) and right bank (RB) for Metric 19 ("Wooded" Buffer Width). LB RB ®A ®A Medium to high stem density ❑B ❑B Low stem density ❑C ❑C No wooded riparian buffer or predominantly herbaceous species or bare ground 23. Continuity of Vegetated Buffer — streamside area metric (skip for Tidal Marsh Streams) Consider whether vegetated buffer is continuous along stream (parallel). Breaks are areas lacking vegetation > 10 feet wide. LB RB ®A ®A The total length of buffer breaks is < 25 percent. ❑B ❑B The total length of buffer breaks is between 25 and 50 percent. ❑C ❑C The total length of buffer breaks is > 50 percent. 24. Vegetative Composition — streamside area metric (skip for Tidal Marsh Streams) Evaluate the dominant vegetation within 100 feet of each bank or to the edge of the watershed (whichever comes first) as it contributes to assessment reach habitat. LB RB ❑A ❑A Vegetation is close to undisturbed in species present and their proportions. Lower strata composed of native species, with non-native invasive species absent or sparse. ®B ®B Vegetation indicates disturbance in terms of species diversity or proportions, but is still largely composed of native species. This may include communities of weedy native species that develop after clear -cutting or clearing or communities with non-native invasive species present, but not dominant, over a large portion of the expected strata or communities missing understory but retaining canopy trees. ❑C ❑C Vegetation is severely disturbed in terms of species diversity or proportions. Mature canopy is absent or communities with non-native invasive species dominant over a large portion of expected strata or communities composed of planted stands of non -characteristic species or communities inappropriately composed of a single species or no vegetation. 25. Conductivity —assessment reach metric (skip for all Coastal Plain streams) 25a. ❑Yes ®No Was conductivity measurement recorded? If No, select one of the following reasons. ❑No Water ❑Other: 25b. Checkthe box corresponding to the conductivity measurement (units of microsiemens per centimeter). ❑A < 46 ❑B 46 to < 67 ❑C 67 to < 79 ❑D 79 to < 230 ❑E >_ 230 Notes/Sketch: Draft INC SAM Stream Rating Sheet Accompanies User Manual Version 2.1 Stream Site Name Dawnalia Drive Date of Assessment 03/15/22 Stream Category Pal Assessor Name/Organization CWS, Inc. Notes of Field Assessment Form (Y/N) NO Presence of regulatory considerations (Y/N) NO Additional stream information/supplementary measurements included (Y/N) NO NC SAM feature type (perennial, intermittent, Tidal Marsh Stream) Intermittent USACE/ NCDWR Function Class Rating Summary All Streams Intermittent (1) Hydrology MEDIUM MEDIUM (2) Baseflow MEDIUM MEDIUM (2) Flood Flow MEDIUM MEDIUM (3) Streamside Area Attenuation HIGH HIGH (4) Floodplain Access MEDIUM MEDIUM (4) Wooded Riparian Buffer HIGH HIGH (4) Microtopography MEDIUM MEDIUM (3) Stream Stability LOW LOW (4) Channel Stability MEDIUM MEDIUM (4) Sediment Transport LOW LOW (4) Stream Geomorphology MEDIUM MEDIUM (2) Stream/Intertidal Zone Interaction NA NA (2) Longitudinal Tidal Flow NA NA (2) Tidal Marsh Stream Stability NA NA (3) Tidal Marsh Channel Stability NA NA (3) Tidal Marsh Stream Geomorphology NA NA (1) Water Quality MEDIUM MEDIUM (2) Baseflow MEDIUM MEDIUM (2) Streamside Area Vegetation HIGH HIGH (3) Upland Pollutant Filtration HIGH HIGH (3) Thermoregulation HIGH HIGH (2) Indicators of Stressors NO NO (2) Aquatic Life Tolerance LOW NA (2) Intertidal Zone Filtration NA NA (1) Habitat LOW HIGH (2) In -stream Habitat LOW MEDIUM (3) Baseflow MEDIUM MEDIUM (3) Substrate LOW LOW (3) Stream Stability MEDIUM MEDIUM (3) In -stream Habitat LOW HIGH (2) Stream -side Habitat HIGH HIGH (3) Stream -side Habitat HIGH HIGH (3) Thermoregulation HIGH HIGH (2) Tidal Marsh In -stream Habitat NA NA (3) Flow Restriction NA NA (3) Tidal Marsh Stream Stability NA NA (4) Tidal Marsh Channel Stability NA NA (4) Tidal Marsh Stream Geomorphology NA NA (3) Tidal Marsh In -stream Habitat NA NA (2) Intertidal Zone NA NA Overall MEDIUM MEDIUM NC SAM FIELD ASSESSMENT FORM Accompanies User Manual Version 2.1 USACE AID #: NCDWR #: INSTRUCTIONS: Attach a sketch of the assessment area and photographs. Attach a copy of the USGS 7.5-minute topographic quadrangle, and circle the location of the stream reach under evaluation. If multiple stream reaches will be evaluated on the same property, identify and number all reaches on the attached map, and include a separate form for each reach. See the NC SAM User Manual for detailed descriptions and explanations of requested information. Record in the "Notes/Sketch" section if supplementary measurements were performed. See the NC SAM User Manual for examples of additional measurements that may be relevant. NOTE EVIDENCE OF STRESSORS AFFECTING THE ASSESSMENT AREA (do not need to be within the assessment area). PROJECT/SITE INFORMATION: 1. Project name (if any): Dawnalia Drive 3. Applicant/owner name: Lucern Capital Partners 5. County: Mecklenburg 7. River basin: Catawba 2. Date of evaluation: 03/15/22 4. Assessor name/organization: 6. Nearest named water body on USGS 7.5-minute quad: CWS, Inc. art Creek 8. Site coordinates (decimal degrees, at lower end of assessment reach): 35.204552,-80.916962 STREAM INFORMATION: (depth and width can be approximations) 9. Site number (show on attached map): Stream B 10. Length of assessment reach evaluated (feet): 744 11. Channel depth from bed (in riffle, if present) to top of bank (feet): 5 ❑Unable to assess channel depth. 12. Channel width at top of bank (feet): 8 13. Is assessment reach a swamp steam? ❑Yes ❑No 14. Feature type: ®Perennial flow ❑Intermittent flow ❑Tidal Marsh Stream STREAM CATEGORY INFORMATION: 15. NC SAM Zone: ❑ Mountains (M) ® Piedmont (P) ❑ Inner Coastal Plain (1) ❑ Outer Coastal Plain (0) 16. Estimated geomorphic ®A� J El valley shape (skip for Tidal Marsh Stream): (more sinuous stream, flatter valley slope) (less sinuous stream, steeper valley slope) 17. Watershed size: (skip ❑Size 1 (< 0.1 mi2) ®Size 2 (0.1 to < 0.5 mil) ❑Size 3 (0.5 to < 5 mil) ❑Size 4 (>_ 5 mil) for Tidal Marsh Stream) ADDITIONAL INFORMATION: 18. Were regulatory considerations evaluated? ®Yes ❑No If Yes, check all that apply to the assessment area. ❑Section 10 water ❑Classified Trout Waters ❑Water Supply Watershed (❑l ❑II ❑III ❑IV ❑V) ❑Essential Fish Habitat ❑Primary Nursery Area ❑ High Quality Waters/Outstanding Resource Waters ❑Publicly owned property ❑NCDWR Riparian buffer rule in effect ❑Nutrient Sensitive Waters ❑Anadromous fish ❑303(d) List ❑CAMA Area of Environmental Concern (AEC) ❑Documented presence of a federal and/or state listed protected species within the assessment area. List species: ❑Designated Critical Habitat (list species) 19. Are additional stream information/supplementary measurements included in "Notes/Sketch" section or attached? ❑Yes ®No 1. Channel Water -assessment reach metric (skip for Size 1 streams and Tidal Marsh Streams) ®A Water throughout assessment reach. ❑B No flow, water in pools only. ❑C No water in assessment reach. 2. Evidence of Flow Restriction - assessment reach metric ❑A At least 10% of assessment reach in -stream habitat or riffle -pool sequence is severely affected by a flow restriction or fill to the point of obstructing flow or a channel choked with aquatic macrophytes or ponded water or impoundment on flood or ebb within the assessment reach (examples: undersized or perched culverts, causeways that constrict the channel, tidal gates, debris jams, beaver dams). ®B Not 3. Feature Pattern - assessment reach metric ❑A A majority of the assessment reach has altered pattern (examples: straightening, modification above or below culvert). ®B Not 4. Feature Longitudinal Profile - assessment reach metric ®A Majority of assessment reach has a substantially altered stream profile (examples: channel down -cutting, existing damming, over widening, active aggradation, dredging, and excavation where appropriate channel profile has not reformed from any of these disturbances). ❑B Not 5. Signs of Active Instability - assessment reach metric Consider only current instability, not past events from which the stream has currently recovered. Examples of instability include active bank failure, active channel down -cutting (head -cut), active widening, and artificial hardening (such as concrete, gabion, rip -rap). ❑A < 10% of channel unstable ®B 10 to 25% of channel unstable ❑C > 25% of channel unstable Streamside Area Interaction — streamside area metric Consider for the Left Bank (LB) and the Right Bank (RB). LB RB ❑A ❑A Little or no evidence of conditions that adversely affect reference interaction ®B ®B Moderate evidence of conditions (examples: berms, levees, down -cutting, aggradation, dredging) that adversely affect reference interaction (examples: limited streamside area access, disruption of flood flows through streamside area, leaky or intermittent bulkheads, causeways with floodplain constriction, minor ditching [including mosquito ditching]) ❑C ❑C Extensive evidence of conditions that adversely affect reference interaction (little to no floodplain/intertidal zone access [examples: causeways with floodplain and channel constriction, bulkheads, retaining walls, fill, stream incision, disruption of flood flows through streamside area] or too much floodplain/intertidal zone access [examples: impoundments, intensive mosquito ditching]) or floodplain/intertidal zone unnaturally absent or assessment reach is a man-made feature on an interstream divide Water Quality Stressors — assessment reach/intertidal zone metric Check all that apply. ®A Discolored water in stream or intertidal zone (milky white, blue, unnatural water discoloration, oil sheen, stream foam) ❑B Excessive sedimentation (burying of stream features or intertidal zone) ❑C Noticeable evidence of pollutant discharges entering the assessment reach and causing a water quality problem ❑D Odor (not including natural sulfide odors) ❑E Current published or collected data indicating degraded water quality in the assessment reach. Cite source in "Notes/Sketch" section. ❑F Livestock with access to stream or intertidal zone ❑G Excessive algae in stream or intertidal zone ❑H Degraded marsh vegetation in the intertidal zone (removal, burning, regular mowing, destruction, etc) ❑I Other: (explain in "Notes/Sketch" section) ❑J Little to no stressors 8. Recent Weather — watershed metric (skip for Tidal Marsh Streams) For Size 1 or 2 streams, D1 drought or higher is considered a drought; for Size 3 or 4 streams, D2 drought or higher is considered a drought. ❑A Drought conditions and no rainfall or rainfall not exceeding 1 inch within the last 48 hours ❑B Drought conditions and rainfall exceeding 1 inch within the last 48 hours ®C No drought conditions 9. Large or Dangerous Stream — assessment reach metric ❑Yes ®No Is stream is too large or dangerous to assess? If Yes, skip to Metric 13 (Streamside Area Ground Surface Condition). 10. Natural In -stream Habitat Types — assessment reach metric 10a. ❑Yes ❑No Degraded in -stream habitat over majority of the assessment reach (examples of stressors include excessive sedimentation, mining, excavation, in -stream hardening [for example, rip -rap], recent dredging, and snagging) (evaluate for Size 4 Coastal Plain streams only, then skip to Metric 12) 10b. Check all that occur (occurs if > 5% coverage of assessment reach) (skip for Size 4 Coastal Plain streams) ❑A Multiple aquatic macrophytes and aquatic mosses W ❑F 5% oysters or other natural hard bottoms (include liverworts, lichens, and algal mats) E ❑G Submerged aquatic vegetation ®B Multiple sticks and/or leaf packs and/or emergent o w ❑H Low -tide refugia (pools) vegetation Y r ❑I Sand bottom ❑C Multiple snags and logs (including lap trees) r12 M ❑J 5% vertical bank along the marsh ❑D 5% undercut banks and/or root mats and/or roots 0 :5 ❑K Little or no habitat in banks extend to the normal wetted perimeter ❑E Little or no habitat *********************************REMAINING QUESTIONS ARE NOT APPLICABLE FOR TIDAL MARSH STREAMS**************************** 11. Bedform and Substrate — assessment reach metric (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams) 1 la. ❑Yes ®No Is assessment reach in a natural sand -bed stream? (skip for Coastal Plain streams) 11 b. Bedform evaluated. Check the appropriate box(es). ®A Riffle -run section (evaluate 11c) ®B Pool -glide section (evaluate 11d) ❑C Natural bedform absent (skip to Metric 12, Aquatic Life) 11 c. In riffle sections, check all that occur below the normal wetted perimeter of the assessment reach — whether or not submerged. Check at least one box in each row (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams). Not Present (NP) = absent, Rare (R) = present but < 10%, Common (C) _ > 10-40%, Abundant (A) _ > 40-70%, Predominant (P) _ > 70%. Cumulative percentages should not exceed 100% for each assessment reach. NP R C A P ® ❑ ❑ ❑ ❑ Bedrock/saprolite ® ❑ ❑ ❑ ❑ Boulder (256 — 4096 mm) ® ❑ ❑ ❑ ❑ Cobble (64 — 256 mm) ❑ ® ❑ ❑ ❑ Gravel (2 — 64 mm) ❑ ❑ ❑ ® ❑ Sand (.062 — 2 mm) ❑ ❑ ® ❑ ❑ Silt/clay (< 0.062 mm) ❑ ® ❑ ❑ ❑ Detritus ® ❑ ❑ ❑ ❑ Artificial (rip -rap, concrete, etc.) 11d. ❑Yes ®No Are pools filled with sediment? (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams) 12. Aquatic Life — assessment reach metric (skip for Tidal Marsh Streams) 12a. ®Yes ❑No Was an in -stream aquatic life assessment performed as described in the User Manual? If No, select one of the following reasons and skip to Metric 13. ❑No Water ❑Other: 12b. ®Yes ❑No Are aquatic organisms present in the assessment reach (look in riffles, pools, then snags)? If Yes, check all that apply. If No, skip to Metric 13. 1 >1 Numbers over columns refer to "individuals" for Size 1 and 2 streams and "taxa" for Size 3 and 4 streams. ❑ ❑Adult frogs ❑ ❑Aquatic reptiles ❑ ❑Aquatic macrophytes and aquatic mosses (include liverworts, lichens, and algal mats) ❑ ❑Beetles ❑ ❑Caddisfly larvae (T) ❑ ❑Asian clam (Corbicula) ❑ ❑Crustacean (isopod/amphipod/crayfish/shrimp) ❑ ❑Damselfly and dragonfly larvae ❑ ❑Dipterans ❑ ❑Mayfly larvae (E) ❑ ❑Megaloptera (alderfly, fishfly, dobsonfly larvae) ❑ ®Midges/mosquito larvae ❑ ®Mosquito fish (Gambusia) or mud minnows (Umbra pygmaea) ❑ ❑Mussels/Clams (not Corbicula) ❑ ❑Other fish ❑ ❑Salamanders/tadpoles ❑ ❑Snails ❑ ❑Stonefly larvae (P) ❑ ❑Tipulid larvae ❑ ❑Worms/leeches 13. Streamside Area Ground Surface Condition — streamside area metric (skip for Tidal Marsh Streams and B valley types) Consider for the Left Bank (LB) and the Right Bank (RB). Consider storage capacity with regard to both overbank flow and upland runoff. LB RB ❑A ❑A Little or no alteration to water storage capacity over a majority of the streamside area ®B ®B Moderate alteration to water storage capacity over a majority of the streamside area ❑C ❑C Severe alteration to water storage capacity over a majority of the streamside area (examples: ditches, fill, soil compaction, livestock disturbance, buildings, man-made levees, drainage pipes) 14. Streamside Area Water Storage — streamside area metric (skip for Size 1 streams, Tidal Marsh Streams, and B valley types) Consider for the Left Bank (LB) and the Right Bank (RB) of the streamside area. LB RB ❑A ❑A Majority of streamside area with depressions able to pond water >_ 6 inches deep ❑B ❑B Majority of streamside area with depressions able to pond water 3 to 6 inches deep ®C ®C Majority of streamside area with depressions able to pond water < 3 inches deep 15. Wetland Presence — streamside area metric (skip for Tidal Marsh Streams) Consider for the Left Bank (LB) and the Right Bank (RB). Do not consider wetlands outside of the streamside area or within the normal wetted perimeter of assessment reach. LB RB ❑Y ❑Y Are wetlands present in the streamside area? ®N ®N 16. Baseflow Contributors — assessment reach metric (skip for Size 4 streams and Tidal Marsh Streams) Check all contributors within the assessment reach or within view of and draining to the assessment reach. ®A Streams and/or springs (jurisdictional discharges) ❑B Ponds (include wet detention basins; do not include sediment basins or dry detention basins) ❑C Obstruction passing flow during low -flow periods within the assessment area (beaver dam, leaky dam, bottom -release dam, weir) ❑D Evidence of bank seepage or sweating (iron in water indicates seepage) ®E Stream bed or bank soil reduced (dig through deposited sediment if present) ❑F None of the above 17. Baseflow Detractors — assessment area metric (skip for Tidal Marsh Streams) Check all that apply. ❑A Evidence of substantial water withdrawals from the assessment reach (includes areas excavated for pump installation) ❑B Obstruction not passing flow during low -flow periods affecting the assessment reach (ex: watertight dam, sediment deposit) ®C Urban stream (>_ 24% impervious surface for watershed) ❑D Evidence that the streamside area has been modified resulting in accelerated drainage into the assessment reach ❑E Assessment reach relocated to valley edge ❑F None of the above 18. Shading — assessment reach metric (skip for Tidal Marsh Streams) Consider aspect. Consider "leaf -on" condition. ®A Stream shading is appropriate for stream category (may include gaps associated with natural processes) ❑B Degraded (example: scattered trees) ❑C Stream shading is gone or largely absent 19. Buffer Width — streamside area metric (skip for Tidal Marsh Streams) Consider "vegetated buffer" and "wooded buffer" separately for left bank (LB) and right bank (RB) starting at the top of bank out to the first break. Vegetated Wooded LB RB LB RB ®A ®A ®A ®A >_ 100 feet wide or extends to the edge of the watershed ❑B ❑B ❑B ❑B From 50 to < 100 feet wide ❑C ❑C ❑C ❑C From 30 to < 50 feet wide ❑D ❑D ❑D ❑D From 10 to < 30 feet wide ❑E ❑E ❑E ❑E < 10 feet wide or no trees 20. Buffer Structure — streamside area metric (skip for Tidal Marsh Streams) Consider for left bank (LB) and right bank (RB) for Metric 19 ("Vegetated" Buffer Width). LB RB ®A ®A Mature forest ❑B ❑B Non -mature woody vegetation or modified vegetation structure ❑C ❑C Herbaceous vegetation with or without a strip of trees < 10 feet wide ❑D ❑D Maintained shrubs ❑E ❑E Little or no vegetation 21. Buffer Stressors — streamside area metric (skip for Tidal Marsh Streams) Check all appropriate boxes for left bank (LB) and right bank (RB). Indicate if listed stressor abuts stream (Abuts), does not abut but is within 30 feet of stream (< 30 feet), or is between 30 to 50 feet of stream (30-50 feet). If none of the following stressors occurs on either bank, check here and skip to Metric 22: Abuts < 30 feet 30-50 feet LB RB LB RB LB RB ❑A ❑A ❑A ❑A ❑A ❑A Row crops ❑B ❑B ❑B ❑B ❑B ❑B Maintained turf ❑C ❑C ❑C ❑C ❑C ❑C Pasture (no livestock)/commercial horticulture ❑D ❑D ❑D ❑D ❑D ❑D Pasture (active livestock use) 22. Stem Density — streamside area metric (skip for Tidal Marsh Streams) Consider for left bank (LB) and right bank (RB) for Metric 19 ("Wooded" Buffer Width). LB RB ®A ®A Medium to high stem density ❑B ❑B Low stem density ❑C ❑C No wooded riparian buffer or predominantly herbaceous species or bare ground 23. Continuity of Vegetated Buffer — streamside area metric (skip for Tidal Marsh Streams) Consider whether vegetated buffer is continuous along stream (parallel). Breaks are areas lacking vegetation > 10 feet wide. LB RB ®A ®A The total length of buffer breaks is < 25 percent. ❑B ❑B The total length of buffer breaks is between 25 and 50 percent. ❑C ❑C The total length of buffer breaks is > 50 percent. 24. Vegetative Composition — streamside area metric (skip for Tidal Marsh Streams) Evaluate the dominant vegetation within 100 feet of each bank or to the edge of the watershed (whichever comes first) as it contributes to assessment reach habitat. LB RB ❑A ❑A Vegetation is close to undisturbed in species present and their proportions. Lower strata composed of native species, with non-native invasive species absent or sparse. ®B ®B Vegetation indicates disturbance in terms of species diversity or proportions, but is still largely composed of native species. This may include communities of weedy native species that develop after clear -cutting or clearing or communities with non-native invasive species present, but not dominant, over a large portion of the expected strata or communities missing understory but retaining canopy trees. ❑C ❑C Vegetation is severely disturbed in terms of species diversity or proportions. Mature canopy is absent or communities with non-native invasive species dominant over a large portion of expected strata or communities composed of planted stands of non -characteristic species or communities inappropriately composed of a single species or no vegetation. 25. Conductivity —assessment reach metric (skip for all Coastal Plain streams) 25a. ❑Yes ®No Was conductivity measurement recorded? If No, select one of the following reasons. ❑No Water ❑Other: 25b. Checkthe box corresponding to the conductivity measurement (units of microsiemens per centimeter). ❑A < 46 ❑B 46 to < 67 ❑C 67 to < 79 ❑D 79 to < 230 ❑E >_ 230 Notes/Sketch: Draft INC SAM Stream Rating Sheet Accompanies User Manual Version 2.1 Stream Site Name Dawnalia Drive Date of Assessment 03/15/22 Stream Category Pa2 Assessor Name/Organization CWS, Inc. Notes of Field Assessment Form (Y/N) NO Presence of regulatory considerations (Y/N) NO Additional stream information/supplementary measurements included (Y/N) NO NC SAM feature type (perennial, intermittent, Tidal Marsh Stream) Perennial USACE/ NCDWR Function Class Rating Summary All Streams Intermittent (1) Hydrology LOW (2) Baseflow HIGH (2) Flood Flow LOW (3) Streamside Area Attenuation MEDIUM (4) Floodplain Access MEDIUM (4) Wooded Riparian Buffer HIGH (4) Microtopography LOW (3) Stream Stability LOW (4) Channel Stability MEDIUM (4) Sediment Transport LOW (4) Stream Geomorphology MEDIUM (2) Stream/Intertidal Zone Interaction NA (2) Longitudinal Tidal Flow NA (2) Tidal Marsh Stream Stability NA (3) Tidal Marsh Channel Stability NA (3) Tidal Marsh Stream Geomorphology NA (1) Water Quality MEDIUM (2) Baseflow HIGH (2) Streamside Area Vegetation HIGH (3) Upland Pollutant Filtration HIGH (3) Thermoregulation HIGH (2) Indicators of Stressors NO (2) Aquatic Life Tolerance LOW (2) Intertidal Zone Filtration NA (1) Habitat LOW (2) In -stream Habitat LOW (3) Baseflow HIGH (3) Substrate LOW (3) Stream Stability MEDIUM (3) In -stream Habitat LOW (2) Stream -side Habitat HIGH (3) Stream -side Habitat HIGH (3) Thermoregulation HIGH (2) Tidal Marsh In -stream Habitat NA (3) Flow Restriction NA (3) Tidal Marsh Stream Stability NA (4) Tidal Marsh Channel Stability NA (4) Tidal Marsh Stream Geomorphology NA (3) Tidal Marsh In -stream Habitat NA (2) Intertidal Zone NA Overall LOW