NCWRC Comments -SAW-2021-00907 Mayes Meadow - Mecklenburg

North Carolina Wildlife Resources Commission 9
Cameron Ingram, Executive Director
Via Email
14 September 2023
Mr. Doug Perez
U.S. Army Corps of Engineers
Charlotte Regulatory Field Office
8430 University Executive Park Drive
Charlotte, NC 28262
Mr. Andrew Pitner
NC Department of Environmental Quality
Division of Water Resources
610 East Center Street, Suite 301
Mooresville, NC 28115
Mr. Heath Caldwell
Wetlands and Environmental Planning Group
10612-D Providence Rd, PMB 550
Charlotte, NC 28277
SUBJECT: Preconstruction Notification Permit Application for the Mayes Meadow in Huntersville,
Mecklenburg County, North Carolina. USACE Action ID: SAW-2021-00907; DEQ No.
20231100.
Dear Messrs. Perez, Pitner, and Caldwell,
Biologists with the North Carolina Wildlife Resources Commission (NCWRC) have reviewed the subject
document. Comments are provided in accordance with provisions of the Clean Water Act of 1977 (as
amended) and Fish and Wildlife Coordination Act Wildlife Coordination Act (48 Stat. 401, as amended;
16 U.S.C. 661 et seq.).
On behalf of Bayard Development (applicant), Wetlands and Environmental Planning Group (WEPG) has
submitted Preconstruction Notification (PCN) Permit Application for the Mayes Meadow located on 96.5
acres located north of Mayes Road near its intersection with Westmoreland Road in Huntersville,
Mecklenburg County, North Carolina. The site consists of two homesites, a large hayfield, wooded
slopes, streams, and wetlands.
Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] • Fax: [phone]

14 September 2023 Page 2
Mayes Meadow PCN
USACE Action ID: SAW-2021-00907
NCWRC Comments
Unnamed tributaries of the South Prong West Branch Rocky River flow through the site. The proposed
project will permanently impact 207 linear feet (If) of intermittent stream and 0.18329 acres of wetland;
and temporary impact 0.234 acres of wetland. The Upper Rocky Stream and Wetland Mitigation Bank
(Bank), which is an approximately 16.681-acre permanent conservation easement (PCE), is partially
located on the proposed Mayes Meadows development site. However, the Bank is currently owned and
sponsored by Water & Land Solutions, LLC, and Unique Places to Save will be the steward. The
proposed development proposes to encroach on approximately 0.89 acres of the PCE.
We have no records of rare, threatened, or endangered species at or adjacent to the site. WEPG conducted
federally threatened and endangered species evaluation for the site on 12 October 2021. The tricolored
bat, a state endangered species, is proposed for listing as endangered by the U.S. Fish and Wildlife
Service, and it may be listed as soon as 15 September 2023. Habitat for the tricolored bat likely occurs at
the site and tricolored bats are known to occur in Mecklenburg County.
NCWRC has concerns for the impacts the project will have on aquatic resources and we recommend the
applicant further reduce impacts to streams and wetlands. Placing fill in aquatic resources can alter
hydrology, result in significant negative impacts to downstream areas, and eliminate aquatic and
terrestrial wildlife habitat, including those in the PCE. Additional impervious surface results in an
increase in stormwater runoff that can exert significant impacts on stream morphology. This will cause
further degradation of aquatic habitat through accelerated stream bank erosion, channel and bedload
changes, altered substrates, and scouring of the stream channel. In addition, pollutants (e.g., sediment,
heavy metals, pesticides, and fertilizers) washed from developed landscapes can adversely affect and
extirpate species downstream.
We offer the following comments and recommendations to minimize impacts to aquatic and terrestrial
wildlife resources:
1. NCWRC opposes the proposed encroachments into the PCE.
2. WEPG indicates the client avoided 97% of onsite streams and 99% of onsite wetlands; however,
most of the wetlands and streams are in the PCE and should not be included in these calculations.
According to the Town of Cornelius Land Development Code (Section 6.4.40), the purpose of a
conservation subdivision includes 1) preserve common open space and natural resources, such
wetlands, streams, woodlands, steep slopes, 2) avoid clearing of natural vegetation; and 3) reduce
costs of housing and infrastructure by reducing costs of grading of trees and natural areas,
wetland crossing, and so forth. It further states that each subdivision should contain, as its central
focus, at least one park equal to a minimum of 5% of the total acreage. The documents provided
in the PCN nor the application online indicate the Open Space must be a meadow. The "meadow"
that is currently proposed for the open space is a hayfield planted with primarily non-native and
invasive plants, such as fescue. As such, we would prefer the houses are constructed in the
hayfield area and the larger conservation area to be shifted towards the back of the development
to reduce tree clearing, maintain natural vegetation, and preserve wildlife habitat and corridors.
The forest grove could fulfill the requirement of a central park/open area and the walking trail
could be constructed on the east side of the PCE. These changes to the layout would support the
Land Development Code but also follow the recommendations in NCWRC's Green Growth
Toolbox (https://www.ncwildlife.or conserving_//programs/Green-Growth-Toolbox).
An alternative, although not preferred, would be the construction of an underground stormwater
detention system under the hayfield and the hayfield is then planted with native grasses and
herbaceous flowering plants. This would reduce the number of impacts from stormwater ponds
and provide habitat for pollinators and other grassland species. Although this scenario may reduce
impacts to streams, it may not reduce impacts to the PCE. In general, we recommend
collaborating with the Town of Cornelius Planning Department to comply with the requirements
of a Conservation Subdivision while avoiding impacts to the PCE.

14 September 2023 Page 3 NCWRC Comments
Mayes Meadow PCN
USACE Action ID: SAW-2021-00907
4. Since the purpose of stormwater control is to protect streams and wetlands, no stormwater control
measures or best management practices should be installed within any stream (perennial or
intermittent) or wetland. We recommend that retention ponds be located at least 750 feet from
small wetlands to minimize hydrologic disturbance and ecological function.
5. We recommend not clearing the entire site, but rather maintaining the maximum amount of native
vegetation.
6. Avoid tree clearing activities during the active periods (April 1 — November 14) for tricolored
bats. We recommend contacting the U.S. Fish and Wildlife Service if activities that may impact
the tricolored bat are not completed before the listing becomes effective.
7. Non-native plants should not be used for seeding disturbed areas. Specifically, avoid using
Bermudagrass, redtop, tall fescue, and lespedeza, which are invasive and/or non-native. A list of
alternatives to non-native species has been attached. Grains, such as oats, wheat, or rye can also
be used for temporary cover and native seed mixes for permeant seeding. We recommend
planting native, wildflower seed mixes that will create pollinator habitat within the project
boundary. Avoid using invasive, non-native plants in seed mixtures or landscaping plants
(http://www.ncwildflower.org/plant galleries/invasives_list).
8. Stringent sediment and erosion control measures should be implemented and installed prior to
any land -disturbing activity. Incorporate the following elements into erosion and sediment control
plans: minimize clearing and grading, protect waterways, phase construction for larger
construction sites (>25 acres), stabilize soils as rapidly as possible (<2 weeks), protect steep
slopes, establish appropriate perimeter controls, employ advanced settling devices, implement a
certified contractors program, and regularly inspect erosion control measures. Ensure all silt
fencing is removed once vegetation has reestablished and soils have stabilized.
9. Erosion control matting made of plastic mesh or twine should not be used within the project area
because it can injury or kill wildlife.
Thank you for the opportunity to provide input for this project. If I can provide further assistance, please
call [phone] or email [e-mail].
Sincerely,
Olivia Munzer
Western Piedmont Habitat Conservation Coordinator
Habitat Conservation Program
ec: Ken Holbrooks, Bayard Development
Steven Kichefski, USACE
Byron Hamstead, USFWS