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HomeMy WebLinkAbout20231297 Ver 1_Exchange Apartments_Cover Page and Attachments_20230915CAROLINA WETLAND SERVICES, INC. 550 E. Westinghouse Blvd. Charlotte, NC 28273 704-527-1177 (office) 704-527-1133 (fax) Date: September 13, 2023 To: Ms. Emily Greer U.S. Army Corps of Engineers, Charlotte Regulatory Office Andrew Pitner NCDWR, 401 & Buffer Permitting Unit Mooresville Regional Office Subject: Pre -Construction Notification Pursuant to Nationwide Permit No. 39 The Exchange Apartments Monroe, North Carolina CWS Project No. 2023-0034 Dear Ms. Greer and Mr. Pitner, The Exchange Apartments site is approximately 35.5 acres in extent and is located west-southwest of the Wilson Avenue and West Roosevelt Blvd intersection in Union County, North Carolina (Figures 1 and 2, Attachment A). South East Land Investments, LLC 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). CWS is submitting a Pre -Construction Notification pursuant to Nationwide Permit No. 39 to the U.S. Army Corps of Engineers for proposed impacts to the jurisdictional waters of the U.S. associated with developing the property into a mixed -use development. ATTACHMENTS INCLUDED: DESCRIPTION Attachment A - Figures 1-8 Attachment B - Agent Authorization Form Attachment C - Preliminary Jurisdictional Determination (SAW-2021-01015) Attachment D - Proposed Impacts Attachment E - Protected Species Assessment Attachment F - SHPO Letter Attachment G - Proposed Mitigation Please do not hesitate to contact Aliisa Harjuniemi at 980-259-1222 or aliisa@cws-inc.net should you have any questions or comments regarding this request. Sincerely, Megan Bollero, WPIT Project Scientist ,/;,.4 '): /. � Aliisa Harjuniemi, PWS Senior Project Manager The Exchange Apartments Attachments September 13, 2023 CWS Project No. 2023-0034 ATTACHMENT A: Figures 1-8 Kentucky Tennessee South Carolina Georgia Virginia 1% N a 4r Trail Rd 114 o' Jam. J�'9 oo, v O 3 G 1 Boa,Sk. n ra`' y C, V 5!4A I' IVia, y n Rd � . I 1NudU,n to y Legend Project Limits (35.5 ac.) 5,000 2,500 0 5,000 Feet REFERENCE: BACKGROUND VICINITY MAP PROVIDED BY ESRI, 2021. 75 SCALE: DATE: FIGURE NO. 1 inch = 5,000 feet 5/23/2023 Vicinity Map CWS PROJECT NO: DRAWN BY: 2023-0034 MLB The Exchange Apartments COORDINATES: CHECKED BY: Cj A R O L I N A Union County 35.030544,-80.596895 AVH WETLAND SERVICES Monroe, North Carolina G:\Shared drives\Consulting Team Drive\2023\2023 Consulting Projects\2023-0034 Exchange Apartments\JD\ArcGIS\Figurel_Vicinity.mxd Chorlatte-Monroe Executv �Atrport \ tomlNk Rb U REFERENCE: USGS 7.5 MINUTE TOPOGRAPHIC QUADRANGLE(S): BAKERS, NC (2018). kQ Legend Project Limits (35.5 ac.) ,0 2,000 1,000 0 2,000 Feet SCALE: FIGURE NO. 1 inch = 2,000 feet DATE: 5/23/2023 USGS Topographic Map CVVS PROJECT NO DRAWN BY 2023-0034 MLB The Exchange Apartments COORDINATES CHECKED BY CAROLINA Union County 35.030544, -80.596895 AVH WETLAND SERVICES Monroe, North Carolina G:\Shared drives\Consufting Team Drive\2023\2023 Consulting Projects\2023-0034 Exchange Apartments\JD\ArcGIS\Figure2_USGS.mxd SCALE: 1 inch = 400 feet DATE: 5/23/2023 Cj A R O L I N A WETLAND SERVICES Aerial Map FIGURE NO. 3 CWS PROJECT NO: 2023-0034 DRAWN BY: MLB The Exchange Apartments Union County Monroe, North Carolina COORDINATES: 35.030544,-80.596895 CHECKED BY: AVH G:\Shared drives\Consulting Team Drive\2023\2023 Consulting Projects\2023-0034 Exchange Apartments\JD\ArcGIS\Figure3_Aerial.mxd BaB 2, \\B Ud �sr BaB CmB B Ud a 0 o: BdB2 aB W B B CmB d oa °ram � BdB2 ��� Gs �h e �, erC 0 Qo` BdC2 �q' i` c a�� V�o J �i CmB o e W BdB2 e� 0i CnB� G BdC2 Se 2� g crest pry may, ce Road 9h�y Sc dy as �o ore QCm\e�5� 0 O y�Q TbB2 Tu B O oo a � diie m° BdB2 \ Legend Soil Unit Name and Description Hyddc Coverage (%) Cm 75.2 Je k 'Z 'l. ry silty clay loam, 2 to 8 percent slopes, moderately eroded No 4Badinchannery ;BdC2 silty clay loam, 8to 15 slopes, moderately eroded No 19.1 \ ee Project Limits (35.5 ac.) percent complex, 2 to 8 slopes No 5 e\ �+��and percent �'�P' y`'Roads silt loam 1 to 5 ercent slo es No 0.7 W Q �e Total Coverage: 100 tnental-Driv 1,000 500 0 1,000 Feet REFERENCE: USDA-NRCS WEB SOIL SURVEY OF UNION COUNTY, NC, DATED 2022. Ud Ch Mill rQ—sB aC wd SCALE: DATE: USDA-NRCS Web Soil Survey FIGURE NO. 1 inch = 1,000 feet 5/23/2023 of Union County CWS PROJECT NO: DRAWN BY: 2023-0034 MLB The Exchange Apartments 4 COORDINATES: CHECKED BY: Cj A R O L I N A Union County 35.030544,-80.596895 AVH WETLAND SERVICES Monroe, North Carolina G:\Shared drives\Consulting Team Drive\2023\2023 Consulting Projects\2023-0034 Exchange Apartments\JDWrcGIS\Figure4_CurrentSoil.mxd SCALE: 1 inch = 2,000 feet DATE. 5/23/2023 USDA-NRCS Published Soil Survey FIGURE NO. CWS PROJECT NO: DRAWN BY: of Union Count 2023-0034 MLB The Exchange Apartments G:\Shared drives\Consulting Team Drive\2023\2023 Consulting Projects\2023-0034 Exchange Apartments\JD\ArcGIS\Figure5_Historic.mxd o- James Hamilton Road ON Shiloh Club Road I o a� �° 10 Z` ao GoJ c° �° tidy, G °� �• y o° 5ry. i rest ri 0/1 p Ce 0 Road L� dy OrriS �Q O� �dy a p; �Q oa o ,1c ° a9e� h'/yh� ° eyry o Mr dy Legend t• O,e Project Limits (35.5 ac.) Roads National Wetland Inventory p ® Freshwater Emergent Wetland °rgS�Ca\\eC - Freshwater Forested/Shrub Wetland -1 Freshwater Pond Riverine REFERENCE: NATIONAL WETLAND INVENTORY DATA PROIVDED BY UNITED STATES FISH AND WILDLIFE SERVICE FOR NORTH CAROLINA, ACCESSED 2022. 1,000 500 0 1,000 Feet BACKGROUND LAYER(S) PROVIDED BY UNION COUNTY GIs DEPARTMENT, DATED 2023. a prise SCALE: DATE: FIGURE NO. 1 inch = 1,000 feet 5/23/2023 National Wetland Inventory CWS PROJECT NO: DRAWN BY: 2023-0034 MLB The Exchange Apartments COORDINATES: CHECKED BY: C A R O L I N A Union County 6 35.030544,-80.596895 AVH WETLAND SERVICES Monroe, North Carolina G:\Shared drives\Consulting Team Drive\2023\2023 Consulting Projects\2023-0034 Exchange Apartments\JDVArcGIS\Figure6_NWl.mxd SCALE: DATE: FIGURE NO. 1 inch = 400 feet 5/23/2023 CWS PROJECT NODRAWN BY: FEMA National Flood Hazard Map : 11 2023-0034 MLB The Exchange Apartments 7 G:\Shared drives\Consulting Team Drive\2023\2023 Consulting Projects\2023-0034 Exchange Apartments\JD\HrcGIS\Figure7_FEMA.mxd W.-, I �_.a a Forested Wetland BB 0.07 acre Perennial Stream A 0IJ 1,072 If W. rn� Emergent Wetland CC 0.06 acre / REFERENCE: BACKGROUND GIS LAYER(S) PROVIDED BY UNION COUNTY GIS DEPARTMENT, DATED 2023. NOTE: JURISDICTIONAL WATERS OF THE U.S. WERE DELINEATED (FLAGGED IN THE FIELD), CLASSIFIED, AND MAPPED USING ASUB-FOOT CAPABLE GPS UNIT BY CWS, INC., ON APRIL 20, 2021, AND MAY 14, 2023. JURISDICTIONAL FEATURES IN THE RED POLYGON WERE VERIFIED BYTHE USACE ON MAY 17, 2021 (SAW-2021-01015). FEATURES IN THE GREEN POLYGONS HAVE NOT BEEN VERIFIED BY THE USACE. SCALE: DATE P ) SCP1 J� / / I Forested Wetland AA 0.16 acre 07 9• DPI O.DP2 Forested Wetland DID 0.02 acre Legend Not USACE Verified (19.5 ac.) Q USACE Verified (16 ac.) —Perennial Stream 0 Freshwater Pond ® Emergent Wetland ® Forested Wetland Freshwater Pond A M-- Culvert 0.08 acre — Roads C Tax Parcels *DP Data Point ♦SCPStream Classification Point j50 Indicates Flow N Photo Location and Direction f 400 200 0 400 Feet 1 inch = 400 feet 5/25/2023 CWS PROJECT NO: DRAWN BY: 2023-0034 MLB COORDINATES: CHECKED BY: Cj A R O L I N A 35.030544,-80.596895 AVH WETLAND SERVICES FIGURE NO. Jurisdictional Boundaries The Exchange Apartments Union County 8 Monroe, North Carolina G:\Shared drives\Consulting Team Drive\2023\2023 Consulting Projects\2023-0034 Exchange Apartments\JD\ArcGIS\Figure8_JD.mxd The Exchange Apartments Attachments September 13, 2023 CWS Project No. 2023-0034 ATTACHMENT B: Agent Authorization Form DocuSign Envelope ID: 2D2CE8DO-8F40-499A-ABA4-567EBCOE182B U.S. Army Corps of Engineers — Wilmington District - Regulatory Division AGENT AUTHORIZATION I. PROJECT/SITE INFORMATION Site Name: The Exchange Apartments Property Identification Number(s): 09339159, 09339160, 0933903313. 09339077, and 09339033 I, the undersigned, Venkat Suryadevara ,hereby authorize Aliisa Hariuniemi , 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 Aliisa Hariuniemi on my behalf as it relates to this project and properties shall have the same effect as acts of my own. Gocusigned by: Uwaswara. ACiC09.466CCi E B454... Signature slyaA*Vm 9/14/2023 1 5:48 PM EDT 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 isvoluntary; however, if information is not provided, the request for ajurisdictional determination cannot be evaluated nor can a jurisdictional determination be issued. January 2020 The Exchange Apartments Attachments September 13, 2023 CWS Project No. 2023-0034 ATTACHMENT C: Preliminary Jurisdictional Determination (SAW-2021-01015) DEPARTMENT OF THE ARMY U.S. ARMY CORPS OF ENGINEERS, WILMINGTON DISTRICT CHARLOTTE REGULATORY OFFICE 8430 UNIVERSITY EXECUTIVE PARK DRIVE, SUITE 615 CHARLOTTE NORTH CAROLINA 28262 July 28, 2023 Regulatory Program/Division Venkateswara Suryadevara South East Land Investments, LLC 9935-D Rea Rd. #136 Charlotte, NC 28277 Via Email: venkat@sonarealty.com Dear Mr./Ms. Suryadevara: This letter is in response to your request to the Wilmington District, Charlotte Regulatory Office for a preliminary jurisdictional determination (PJD). The project/review area is located west-southwest of the Wilson ave. and west Roosevelt blvd intersection at Latitude 35.031040 and Longitude-80.595290-1 in Monroe, Union County, North Carolina. The review area for this determination is limited to an approximately 35.5 acre(s) area (optional: comprised of five (5) parcels (parcel numbers: 09339159, 09339160, 0933903313,09339077 and 09339033)), which is illustrated on the enclosed site maps. This project has been assigned the file number SAW-2021-01015. This file number should be referenced in all correspondence concerning this project. Based on our review of the information you furnished, a site inspection conducted on Desktop Delineation, and other information available to our office, we have preliminarily determined the above -referenced area may contain approximately 0.39 acres of wetlands and 1,072 Linear Feet of Streams of United States under the U.S. Army Corps of Engineers (Corps) regulatory jurisdiction. These waters are identified in the enclosed site maps, The Exchange Apartments dated April 21, 2021,. This determination was made in accordance with the Corps regulatory authority pursuant to Section 404 of the Clean Water Act, and based upon criteria contained in the 1987 Corps of Engineers Wetland Delineation Manual and the Eastern Mountains and Piedmont regional supplement. Section 404 of the Clean Water Act requires a Department of the Army (DA) permit be obtained prior to the discharge of dredged or fill material into waters of the United States, including wetlands. Section 10 of the Rivers and Harbors Act of 1899 requires a DA permit be obtained for any work in, on, over or under navigable waters of the United States. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made based on a preliminary jurisdictional determination will treat all waters including 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 jurisdictional determination, which is an appealable action, by contacting the Corps district for further instructions. Please sign and return the attached PJD form within 30 days of receipt. If a signed PJD form is not received within 30 days of the date of this letter, the Corps will presume concurrence. This determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the review area identified in this request. The 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. You are cautioned that work performed in areas which may be waters of the United States, as indicated in the preliminary JD, without a Department of the Army permit could subject you to enforcement action. If you have any questions concerning this correspondence, please contact Krystynka Stygar, Regulatory Program Manager of the Charlotte Regulatory Office at 252-545- 0507, by mail at the above address, or by email at CharlotteNCREG1 @usace.army.mil. Please take a moment to complete our customer satisfaction survey located at https-//regu latory.ops. usace.army. m it/customer-service-survey/. Sincerely, Krystynka Stygar Regulatory Program Manager Enclosures cc: Megan Bollero Carolina Wetland Services (via megan@cws-inc.net) PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: 7/28/2023 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Venkateswara Suryadevara, 9935-D Rea Rd. 4136 REQUESTOR ADDRESS2, Charlotte, NC 28277 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington, None, SAW-2021-01015 D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION The project/review area is located on the NSEW side of ROADWAY, NN miles/feet NSEW of the intersection of ROADWAY and ROADWAY:. OR ADDRESS (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: North Carolina County: Union City: Monroe Center coordinates of site (lat/long in degree decimal format): Latitude: 35.031040 Longitude:-80.595290 Universal Transverse Mercator: Name of nearest waterbody: Stewarts Creek — lake Twitty E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ® Office (Desk) Determination. Date: 7/28/2023 ❑ Field Determination. Date(s): Desktop Delineation TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAYBE" 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 Wetland AA 35.0313570 -80.594086 0.16 acres wetland Section 404 Wetland BB 35.031950 -80.595602 0.07 acres Wetland Section 404 Wetland CC 35.0316320 -80.595444 0.06 acres Wetland Section 404 Wetland DID 35.0311800 -80.595525 0.02 acres Wetland Section 404 Stream A 35.030414 -80.595750 1072 LF Non -wetland Section 404 waters Pond A 35.0313520 -80.595433 0.08 acres Non -wetland Section 404 waters I . 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 AJD 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 AJD 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 orjudicial 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: Z Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Map: The Exchange Apartments dated 4/21/2021 ®Data sheets prepared/submitted by or on behalf of the PJD requestor. Datasheets: MAP LABEL ❑ 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: CORPS STUDY LABEL dated CORPS STUDY DATE El U.S. Geological Survey Hydrologic Atlas: ❑USGS NHD data: USGS NHD LABEL dated USGS NHD DATE ❑USGS 8 and 12 digit HUC maps: USGS WBD LABEL dated USGS WBD DATE Z U.S. Geological Survey map(s). Cite scale & quad name: Figure 2, USGS Topographic Map (7.5-minute quad Bakers. NO dated Letterhead ZIP CODE ®Natural Resources Conservation Service Soil Survey. Citation: Figure 4 USDA-NRCS Websoilsurvey dated 1/1/1996 Z National wetlands inventory map(s). Cite name: Figure 6 ❑ State/local wetland inventory map(s): LOCAL NWI DATE Z FEMA/FIRM maps: Figure 7 ❑ 100-year Floodplain Elevation is: ELEVATION (National Geodetic Vertical Datum of 1929) FLOOD ELEVATION LABEL dated FLOOD ELEVATION DATE Z Photographs: ❑Aerial (Name & Date): AERIAL IMAGERY LABEL dated AERIAL IMAGERY DATE or Z Other (Name & Date): Photographs 1-7 dated 4/20/2021 El Previous determination(s). File no. and date of response letter: Preliminary JD given 051 ❑ Other information (please specify): OTHER INFORMATION LABEL dated OTHER INFORMATION DATE 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. Signature and date of Regulatory staff member completing PJD Krystynka Stygar 7/28/2023 Signature and date of person requesting PJD (REQUIRED, unless obtaining the signature is impracticable)' 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. NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: Venkateswara Suryadevara, South File Number: SAW-2021- Date: 7/28/2023 East Land Investments, LLC 101015 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 WITHOUT PREJUDICE C PERMIT DENIAL WITH PREJUDICE D ❑ APPROVED JURISDICTIONAL DETERMINATION E ® PRELIMINARY JURISDICTIONAL DETERMINATION F SECTION I The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at https://www.usace.army.mil/Missions/Civil- Works/Regulatory-Program-and-Permits/appeals/ or 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. 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 in 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 WITHOUT PREJUDICE: Not appealable You received a permit denial without prejudice because a required Federal, state, and/or local authorization and/or certification has been denied for activities which also require a Department of the Army permit before final action has been taken on the Army permit application. The permit denial without prejudice is not appealable. There is no prejudice to the right of the applicant to reinstate processing of the Army permit application if subsequent approval is received from the appropriate Federal, state, and/or local agency on a previously denied authorization and/or certification. D: PERMIT DENIAL WITH PREJUDICE: You may appeal the 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. E: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information for reconsideration • 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 division engineer. This form must be received by the division engineer within 60 days of the date of this notice. • RECONSIDERATION: You may request that the district engineer reconsider the approved JD by submitting new information or data to the district engineer within 60 days of the date of this notice. The district will determine whether the information submitted qualifies as new information or data that justifies reconsideration of the approved JD. A reconsideration request does not initiate the appeal process. You may submit a request for appeal to the division engineer to preserve your appeal rights while the district is determining whether the submitted information qualifies for a reconsideration. F: PRELIMINARY JURISDICTIONAL DETERMINATION: Not appealable 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. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: -7- If you have questions regarding this decision you may contact: District Engineer, Wilmington Regulatory Division Attn: Krystynka Stygar Wilmington District U.S. Army Corps of Engineers 8430 University Executive Park Drive, Suite 615 Charlotte, North Carolina 28262 If you have questions regarding the appeal process, or to submit your request for appeal, you may contact: Philip Shannin Regulatory Administrative Appeal Review Officer U.S. Army Corps of Engineers South Atlantic Division 60 Forsyth Street, Room M9 Atlanta, Georgia 30303-8801 Phone: (404) 562-5136 Email: philip.a.shannin2@usace.army.mil SECTION II — REQUEST FOR APPEAL or OBJECTIONS 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. Use additional pages as necessary. 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. 91 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 opportunity to participate in all site investigations. Date: Signature of appellant or agent. Email address of appellant and/or agent: Telephone number: in The Exchange Apartments Attachments September 13, 2023 CWS Project No. 2023-0034 ATTACHMENT D: Proposed Impacts o_ \❑ 0 ,\, F =0 O W -O _I O v� T; w� U \ \ fD o \a.s� \. I X ❑ zm m I g� _ W s 0 om w U)o U QfD U m m W F U m ❑ ❑ ❑� U) ❑0 M ~ Q D F ❑ ❑ Z F w 0 ) W F �O Q� 1 I o O w❑ xO (7 m W 0❑ I w I o / I PIN-0INVEST / sou/H EAsrLAND INVESTMENTS, uc 06.8566, P6.347 0 / (pB. 464, P6. 767 tI� LIS .., P6. l6z 'ONE-66 I /I 0 f w m DO I o� n ❑I ¢ g O /I o I QQ moo o Z �Z tD o zryo g o U owQa" dam LTE PIN: 693391. JAOOLA MAIN& PIN: 6933968 RUO4E S 1 c N/HlAo. ou N oB. LOTS P6. )42 TONY N a R E z LOTS I AR PI-69339665A z a m o= g o HELMS PARR cY.N&T IAo.0uEN B. 5LOT74, 6.82 &TO 49, PG 887 LOT6 06. M P6. 88I HELMS PAR ors 'ONE RLo H MS PARR z NE RLo a SCOTTLANE w� � o �F � m OJ wm a c (aav�HonoaoHi aorow Damn, ,00) L( Avnn-�o-iHola onana .os ( �: J MH 311O18yH0 OlO — p Z w 0 w J (D LL 0 r W F— LU W V/ Z 0 5 Z 0 U Z_ H U) X W W 0 Z Q 2 U Wz WO 2 z 2 W > z m 3 o m o z L z w ¢ o U CC, o II'wwwAw�E zoo,p e US.74\ _I O � w U U, o Q O U \ �zLLO 1 Iwani i i 1 \ a a o a�g�maLL� �o \ w C, z I — w— — o Z w ❑ �� II II w � w 1 \ X w TNNINVINV33A / SOUTH EASIAESTMENTS, LLC PIN-09339%4 8D 40, P6. 34) —ESR MAIN N ® I 3439, 9,, P6. 1B2) IA0933 P6I6I RUON XIAO `I��IIi iTi�yiT iTJiT�iTLITL�IVI' 88. . I C PIN, NiHIA p. 8B P6. 2 ZONE 6B LOTS J4I & 8 PI -,A D oUT 8 57 R. CYN IA R o LE` B. LO P HELMS PARR LOT6 (L� (� / &TO YR. OUTEN I fu III ICI lJ' 8B 49, PG .7 H LMS OTs LINER i MSPARH QZ NE RLo LL1 � =aw I o�m�maap OU 682 s�o m���ap o�m�Pa m �9 w L �m I 9. OU N IEH�m. Np N zJigN F 'm� > LL SCOTT LANE a II 1 ¢N0 (321VjH`Jn0210H1 I I z Z aorow aanin,,000 W Avnn-�o-iHola onana .os J MH 3110l8VH0 Ol0 - w J LL 0 04 `W r W W V/ Z J a W F- Fn W 0 Z U X WZ WO 2 z 2 W z z 3 1 z w U C I I I I I \ I N\ LL O W F— LU W r F— Ca G Q W ''w V! w w Q m z O m . z I z w ¢ ' U C \ G \ � F \ G � G \F \ G \ \ F \ v LL O le W F- LU W V! r F- L) Q IL 0 z F- LU W 0 z U X WZ WLu z 2 w m z 0 z Y U Q Z 0 H U Q la W LL �0 I1 `W r W W '2 V/ W J LL 0 w IL F- L) a IL a w w F- Q — w w z C� ° Z z z Qw = U � W Z W O yx z O 0 o a W Z W W z Z } W W Z W W W U } W m > F Z w m U Fr m m J 7} Z �yx �m Q� w> O ¢ c) a Oaf u it oC9 Q � aug Do az a? m� m U) ? ? w /J / /J o / � (U o (U o zQ Z U O ~ N W W O o_ (D 09 9Z9 0 9 9Z9 + \ Z6 9Z9 oo 6 9Z9 bZ 9Z9 z 9Z9 6l LZ9 / Z ZZ9 / r 2l K9 c vcv ZZ (D LL 0 (D w F- LU w w J LL 0 w IL w 0 w 0 Z U X wz w o _z Z 2 The Exchange Apartments Attachments September 13, 2023 CWS Project No. 2023-0034 ATTACHMENT E: Protected Species Assessment CAROLINA WETLAND SERVICES, INC. 550 E. Westinghouse Blvd. Charlotte, NC 28273 704-527-1177 (office) 704-527-1133 (fax) September 12, 2023 Venkat Suryadevara South East Land Investments, LLC 9935-D Rea Rd #163 Charlotte, NC 28277 Subject: Protected Species Assessment Report The Exchange Apartments Monroe, North Carolina CWS Project No. 2023-0034 Dear Mr. Suryadevara, South East Land Investments, LLC, has contracted Carolina Wetland Services, Inc. (CWS) to provide a protected species assessment for The Exchange Apartments project. The Exchange Apartments project is approximately 35.5 acres in extent and is located west-southwest of the Wilson Avenue and West Roosevelt Blvd intersection in Union County, 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 Union 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 May 14, 2023 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 USFWS4 and NCNHP5 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 ' United States Fish and Wildlife Service, Raleigh Field Office. Accessed May 14, 2023. Endangered and Threatened Species and Species of Concern by County for North Carolina. https://www.fws.gov/raleigh/species/cntylistlunion.html 2 North Carolina Natural Heritage Data Explorer. Accessed May 14, 2023. https://ncnhde.natureserve.org/ 3 Information for Planning and Consultation (IPAC). https://ecos.fws.gov/ipac( 4 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-sheettnorth-carolina-optimal-survey-windows-for-at-risk-and-listed-plants.pdf Accessed May 14, 2023. 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 The Exchange Apartments Protected Species Assessment Report September 12, 2023 CWS Project No. 2023-0034 of Agriculture - Natural Resources Conservation Service (USDA-NRCS) Web Soil Survey of Union 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, PWS7 and June Blankenship, Natural Resource Technician, conducted a pedestrian habitat assessment of the project area on May 14, 2023. 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. An intensive targeted survey for Schweinitz's sunflower was conducted on September 7, 2023. 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 Union County (Table 1). Additionally, bald eagle is protected under Bald and Golden Eagle Protection Act, 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 The Exchange Apartments, Union County, NC. Major Group Scientific Name Common Name Federal Status* Record Status Plant Helianthus Schweinitz's E Current schweinitzii sunflower Plant Rhus michauxii Michaux's sumac E Current Animal Lasmigona Carolina heelsplitter E Current decorata Animal Perimyotis Tricolored bat PE Proposed subflavus Animal Haliaeetus Bald eagle BGPA Current leucocephalus * E - Endangered, PE - Proposed Endangered, BGPA - Bald and Golden Eagle Protection Act Seven terrestrial community types were identified within the project area during the field survey. These community types consist of deciduous forest, mixed forest, woody wetlands, scrub/shrub, agriculture field, maintained herbaceous areas, and a sewerline and powerline right of way (Figure 3). Of the identified on -site community types, the forested areas and scrub/shrub areas ° United States Department of Agriculture, 2022. Web Soil Survey of Union County, North Carolina. Accessed May 14, 2023. Source: https://websoilsurvey.nres.usda.gov/app/HomePage.htm Professional Wetland Scientist, The Society of Wetland Scientists Professional Certification 8 MLRC. National Land Cover Database, 2011. https://www.mric.gov/nlcdll_leg.php Page 2 of 6 The Exchange Apartments Protected Species Assessment Report September 12, 2023 CWS Project No. 2023-0034 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. 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 1991.9 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 desktop review of the site was conducted on May 14, 2023, and determined that the soil series that have known Schweinitz's sunflower populations are found in project limits. There are areas of shrub/scrub that are infrequently maintained which are considered potential habitat for Schweinitz's sunflower (Photographs 1 and 2). However, there are agriculture fields and maintained herbaceous areas that are highly maintained that do not provide supportive habitat (Photographs 3 and 4). In addition, a large portion of the site is forested which does not provide adequate sunlight to support Schweinitz's sunflower (Photograph 5). An intensive targeted survey for Schweinitz's sunflower was conducted on September 7, 2023 and no individuals of this species were found. Since no individuals of Schweinitz's sunflower were observed within the project limits during the targeted survey, but suitable habitat is present, CWS concludes that the project may affect, but is not likely to adversely affect Schwenitz's sunflower. 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 1989.10 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. a United States Fish and Wildlife Services. 1991. Endangered and Threatened Wildlife and Plants; Helianthus schweinitzii (Schweinitz's sunflower) Determined to be Endangered. http://ecos.fws.gov/docs/f`ederal_register/frl852.pdf. 10 United States Fish and Wildlife Services. 1989. Endangered and Threatened Wildlife and Plants; Determ i nation of Endangered Status for Rhus michauxii (Michawes sumac). http://ecos.fws.gov/docs/federal_register/frl601.pdf. Page 3 of 6 The Exchange Apartments Protected Species Assessment Report September 12, 2023 CWS Project No. 2023-0034 Biological Analysis: Disturbed open areas are present in the project area. The on -site soil series are slightly acidic which is not optimal habitat for Michaux's sumac. Additionally, there are no current records of this species within Union County". No individuals of Michaux's sumac were observed during the pedestrian habitat assessment. Due to the lack of observation, habitat, and known occurrences, CWS concludes that this project will have no effect on Michaux's sumac. Carolina heelsplitter (Lasmigona decorata) Habitat Description: The Carolina heelsplitter was historically known from several locations within the Catawba and Pee Dee River systems in North Carolina and the Pee Dee and Savannah River systems, and possibly the Saluda River system in South Carolina. In North Carolina, the species is now known only from a handful of streams in the Pee Dee and Catawba River systems. The species exists in very low abundances, usually within 6 feet of shorelines, throughout its known range. The general habitat requirements for the Carolina heelsplitter are shaded areas in large rivers to small streams, often burrowed into clay banks between the root systems of trees, or in runs along steep banks with moderate current. Recently, the Carolina heelsplitter has been found in sections of streams containing bedrock with perpendicular crevices filled with sand and gravel, and with wide riparian buffers. 12 Biological Analysis: There is one perennial stream (Stream A) on -site which is a potential habitat for Carolina heelsplitter (Photograph 6). Stream A drains into Stewarts Creek, and according to North Carolina Department of Environmental Quality, Stewarts Creek has impaired habitat due to runoff from agriculture/pasture and impervious surface 13. The project is not located within a designated critical habitat for this species. Therefore, CWS concludes that this project will have no effect on the Carolina heelsplitter. 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 soon as a listing becomes effective (typically 30 days after publication of the final rule in the " USFWS Michaux's Sumac Recovery Plan; https://ecos.fws.gov/docs/recovery_plan/930430.pdf 12 NCDOT TE Animal Habitat Descriptions. 2015. https://con nect. ncdot.gov/resources/Environmental/Compliance%20G u ides%20and%20 Procedu resfTE%2OAni mal %20 Habitat% 20Descri ptions%2OMar_6_2015. pdf 13 https://edocs.deq.nc.gov/WaterResources/DocView.aspx?dbid=0&id=2343529&cr-1 14 https://www.govinfb.gov/content/pkg/FR-2022-09-14/pdf/2022-18852.pdf#page=13 Page 4 of 6 The Exchange Apartments Protected Species Assessment Report September 12, 2023 CWS Project No. 2023-0034 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 May 14, 2023, using 2022 color aerials. There are no bodies of water located within 1.0 mile of the project study area that are potentially large enough and sufficiently open to be considered a potential feeding source. NCNHP data explorer did not reveal any bald eagles in the project limits or within a mile from the project limits. In addition, 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 observations within the study area and the vicinity of the study area, 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 Michaux's sumac, Carolina heelsplitter or bald eagle. CWS has concluded that activities within the project area will not directly or indirectly jeopardize the continued existence of Michaux's sumac, Carolina heelsplitter, and bald eagle. Potential habitat for Schweinitz's sunflower was observed within the project limits. An intensive targeted survey for Schweinitz's sunflower was conducted on September 7, 2023 and no individuals of this species were found. 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 hftps://www.fws.gov/midwest/MidwestBird/eaglepermits/bagepa.html Page 5 of 6 The Exchange Apartments Protected Species Assessment Report September 12, 2023 CWS Project No. 2023-0034 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 MANLAA Rhus michauxii Michaux's sumac E No Effect Lasmigona decorata Carolina heelsplitter E No Effect Perimyotis subflavus Tricolored bat PE TBD** Haliaeetus leucocephalus Bald eagle BGPA No Effect * E - Endangered, MANLAA - May affect, but not likely to adversely affect, BGPA - Bald and Golden Eagle Protection Act ** Consultation with USFWS may be required if species is listed 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, ■ Megan Bollero, PWS Project Scientist Aliisa Harjuniemi, PWS Senior Project Manager Attachments: Figure 1: USGS Topographic Map Figure 2: USDA-NRCS Web Soil Map of Union County Figure 3: Aerial Map Attachment A: NCNHP Data Review Report Attachment B: Representative Photographs (1-6) Attachment C: Optimal Survey Windows Page 6 of 6 Chorlatte-Monroe Executv �Atrport \ tomlNk Rb U REFERENCE: USGS 7.5 MINUTE TOPOGRAPHIC QUADRANGLE(S): BAKERS, NC (2018). kQ Legend Project Limits (35.5 ac.) ,0 2,000 1,000 0 2,000 Feet SCALE: FIGURE NO. 1 inch = 2,000 feet DATE: 5/23/2023 USGS Topographic Map CVVS PROJECT NO DRAWN BY 2023-0034 MLB The Exchange Apartments COORDINATES CHECKED BY CAROLINA Union County 35.030544, -80.596895 AVH WETLAND SERVICES Monroe, North Carolina G:\Shared drives\Consufting Team Drive\2023\2023 Consulting Projects\2023-0034 Exchange Apartments\JD\ArcGIS\Figure2_USGS.mxd BaB 2, \\B Ud �sr BaB CmB B Ud a 0 o: BdB2 aB W B B CmB d oa °ram � BdB2 ��� Gs �h e �, erC 0 Qo` BdC2 �q' i` c a�� V�o J �i CmB o e W BdB2 e� 0i CnB� G BdC2 Se 2� g crest pry may, ce Road 9h�y Sc dy as �o ore QCm\e�5� 0 O y�Q TbB2 Tu B O oo a � diie m° BdB2 \ Legend Soil Unit Name and Description Hyddc Coverage (%) Cm 75.2 Je k 'Z 'l. ry silty clay loam, 2 to 8 percent slopes, moderately eroded No 4Badinchannery ;BdC2 silty clay loam, 8to 15 slopes, moderately eroded No 19.1 \ ee Project Limits (35.5 ac.) percent complex, 2 to 8 slopes No 5 e\ �+��and percent �'�P' y`'Roads silt loam 1 to 5 ercent slo es No 0.7 W Q �e Total Coverage: 100 tnental-Driv 1,000 500 0 1,000 Feet REFERENCE: USDA-NRCS WEB SOIL SURVEY OF UNION COUNTY, NC, DATED 2022. Ud Ch Mill rQ—sB aC wd SCALE: DATE: USDA-NRCS Web Soil Survey FIGURE NO. 1 inch = 1,000 feet 5/23/2023 of Union County CWS PROJECT NO: DRAWN BY: 2023-0034 MLB The Exchange Apartments 2 COORDINATES: CHECKED BY: Cj A R O L I N A Union County 35.030544,-80.596895 AVH WETLAND SERVICES Monroe, North Carolina G:\Shared drives\Consulting Team Drive\2023\2023 Consulting Projects\2023-0034 Exchange Apartments\JDWrcGIS\Figure4_CurrentSoil.mxd SCALE: DATE: FIGURE NO. 1 inch = 400 feet 5/23/2023 Aerial Map CWS PROJECT NO: DRAWN BY: 2023-0034 MLB The Exchange Apartments G:\Shared drives\Consulting Team Drive\2023\2023 Consulting Projects\2023-0034 Exchange Apartments\PETS\ArcGIS\Figure3_Aerial.mxd The Exchange Apartments Attachments September 12, 2023 CWS Project No. 2023-0034 Attachment A: NCNHP Ray Cooper, Governor ni ■■■ ■■ = NC DEPARTMENT OF ■■ ■■ NATURAL AND CULTURAL RESOURCES ■ ■■■ May 23, 2023 Megan Bollero Carolina Wetland Services 550 E Westinghouse Blvd Charlotte, NC 28273 RE: The Exchange Apartments; 2023-0034 Dear Megan Bollero: D_ Reid Wilson, Secretary Misty Buchanan Deputy Director, Natural Heritage Program NCN H D E-22006 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 SERVICE CENTER, RALEIGH. NC 27699 OFC 919,707.9120 • FAX 919.707.9121 m p _ \\ @ 7 \ \ \\ #ol e » _ re \ - \ \ ° 9 \ m \ .0 %_ % = m \/ 62 bi n \ e 3 W \ \a \ 4-\) \ 2 2 g >3 2 \ G} E E 2 f 6 � u � c \% %z mw \ r / (/ u > / F §\ \\ 0 y§ �\ 3- eea \41 : �j�� -_ �� U \E0 r%G\/ }\ (7//\ >oaw± \ # 9 ® /[ I � ^ \ / \ cez>I °\\ff ro § `� 2 b \ Lu z o ^ \ § </& / < C 0- JIA: .0 \ o \ g /\ > _ / tE \ \ / 0 \\ (fi �z § % }/ k 0 % _£ a) ( � ./ \ `± § 2E \ \ § \u ® / } 0 w 2} t 0 0 o 0 / E C m _ / § §\ [ 3 a o © a_ O % @ / 3 \ \ / / \ z / - .% \u 5 2 2 7 a Go = 0 I C® of e c \ )[ fE .P < 2 e 3 —In a o -11 j/ \ 0 , z \ E a 0 \0 \§ (.0\ §/\ § � 2 Q z \ E \ 4 { ) < § ° u < < :2 / \ \ \ ) / § ( \ § a / \ % 2 2 = / { E o D o j D � e /> z o 2 e 2.o e E f= ) e 3@ e ± a z >> a o e r § \ _ W n iA IS ou a W C n� 3 Q Q a o � � m cy,LU t; N C ¢1 w Z D 04 co m M O M N CD a The Exchange Apartments Attachments May 25, 2023 CWS Project No. 2023-0034 Attachment B: Photopage (Photographs 1-6) The Exchange Apartments Attachment B: Photopage September 12, 2023 CWS Project No. 2023-0034 Photograph 1. View of potential habitat for Schweinitz's sunflower, facing northwest. Photograph 2. View of potential habitat for Schweinitz's sunflower, facing southwest. Photopage 1 of 3 The Exchange Apartments Attachment B: Photopage September 12, 2023 CWS Project No. 2023-0034 i.. IT, :,�.�: E —� � .I 1 y l �• � is � ��� .�� �>� Photograph 3. View of unsuitable habitat for any terrestrial species, facing southeast. Photograph 4. View of unsuitable habitat for any terrestrial species, facing northwest. Photopage 2 of 3 to, t VOP'l." Air rf. Ifn L-r-IL"I AM The Exchange Apartments Attachments May 25, 2023 CWS Project No. 2023-0034 Attachment C: Optimal Survey Windows OPTIMAL SURVEY WINDOWS AND NUMBER OF YEARS A SURVEY IS VALID FOR NORTH CAROLINA'S FEDERALLY THREATENED, ENDANGERED, AND AT -RISK PLANT SPECIES SCIENTIFIC NAME COMMON NAME STATUS SURVEY WINDOW YEARS SURVEY IS VALID Aeschynomene virginica sensitive joint -vetch T July — October 1 Amaranthus pumilus seabeach amaranth T July - October (or before first tropical storm that causes overwash) 1 Amorpha georgiana var. georgiana Georgia lead -plant AIRS late April —October 2 Cardamine micranthera small-anthered bittercress E April - May 1 Carex impressinervia impressed -nerved sedge AIRS I April - May 2 Carex lutea golden sedge E mid April - mid June 2 Dionaea muscipula Venus flytrap AIRS late May —June 2 Echinacea laevigata smooth coneflower E late May —October 2 Fimbristylisperpusilla Harper'sfimbristylis AIRS July — September 2 Geum radiatum spreading avens E June — September 2 Gymnoderma lineare rock gnome lichen E year round 2 Hedyotis purpurea var. montana Roan Mountain bluet E June —July 2 Helianthus schweinitzii Schweinitz's sunflower E late August — October 2 Helonias bullata swamp pink T April — May 2 Hexastylis naniflora dwarf -flowered heartleaf T March — May 2 Hudsonia montana mountain golden heather T late May - early June 2 Isoetes microvela thin -wall quillwort AIRS April —July 1 Isotria medeoloides small whorled pogonia T mid May -early July 1 Liatris helleri Heller's blazing star T July — September 2 Lindera melissifolia pondberry E February — March; September - October 2 Lindera subcoriacea bog spicebush AIRS March - August 2 Lobelia boykinii Boykin'sLobelia AIRS May —July 2 Ludwigia ravenii Raven's seedbox AIRS June - October 2 Lysimachia asperulaefolia rough -leaved loosestrife E mid May —September 2 Macbridea caroliniana Carolina birds -in -a -nest AIRS July— November 2 Minuartia godfreyi Godfrey's stitchwort AIRS April —June 2 Oxypolis canbyi Canby's dropwort E mid July — September 2 Platanthera integrilabia white fringeless orchid T mid July - late August 2 Ptilimnium nodosum harperella E July — early September (during low water) 1 Rhus michauxii Michaux's sumac E May — October 2 Rhynchospora crinipes hairy-peduncled beakrush AIRS July — September 2 Rudbeckia heliopsidis sun -facing coneflower AIRS July — September 2 Sagittaria fasciculata bunched arrowhead E mid May —July 2 Sarracenia oreophila green pitcher -plant E I late April — October 2 Sarracenia purpurea var. montana mountain purple pitcher- plant AIRS April —October 2 Sarracenia rubra ssp. jonesii mountain sweet pitcher- plant E April —October 2 SCIENTIFIC NAME COMMON NAME STATUS SURVEY WINDOW YEARS SURVEY IS VALID Schwalbea americana American chaffseed E May - August (1-2 months after a fire) 2 Sisyrinchium dichotomum white irisette E late May —July 2 Solidago plumosa Yadkin River goldenrod CCA September — October 2 Solidago spithamaea Blue Ridge goldenrod T July — September 2 Symphyotrichum georgianum Georgia aster CCA October - mid November 2 Spiraea virginiana Virginia spiraea T May - early July 2 Sporobolus teretifolius wire -leaved dropseed AIRS —SeptemberS (following fire) 2 Thalictrum cooleyi Cooley's meadowrue E mid June - early July 2 Tsuga caroliniana lCarolina hemlock AIRS year round 1 2 STATUS KEY: E - Federally endangered T - Federally threatened AIRS - Proposed for listing as threatened or endangered under the ESA, candidate species for listing, or petitioned by a third party for listing. AIRS species listed above have "substantial" 90-day findings and are undergoing status reviews (awaiting 12-month findings). CCA - Species subject to a candidate conservation agreement. OTHER NOTES: These survey windows were determined from species recovery plans, field observations, herbaria specimens, and NC Natural Heritage Program information. For additional information about these species, please visit the U.S. Fish and Wildlife Service Asheville Field Office webpage at https://www.fws.gov/asheville/ or the Raleigh Field Office webpage at https://www.fws.gov/raleigh/. If suitable habitat for species is present in the proposed impact area, the U.S. Fish and Wildlife Service will likely request species surveys, conducted by a qualified biologist, during the optimal survey window. Projects are reviewed on a case -by -case basis and you are encouraged to contact a Section 7 coordinator early in the project planning process. To discuss your project and survey requirements with a Section 7 coordinator, please contact the Asheville Field Office at 828-258-3939 or the Raleigh Field Office at 919-856-4520 Version date: March 10, 2020 The Exchange Apartments Attachments September 13, 2023 CWS Project No. 2023-0034 ATTACHMENT F: 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 July 10, 2023 Megan Bollero, PWS Carolina Wetland Services Inc. 550 E Westinghouse Boulevard Charlotte, NC 28273 Office of Archives and History Deputy Secretary, Darin J. Waters, Ph.D. megangcws-inc.net Re: Construct The Exchange Apartments, Wilson Avenue and West Roosevelt Boulevard, Monroe, Union County, ER 23-1342 Dear Ms. Bollero: Thank you for your letter of June 1, 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(cr�,ncdcr.gov. In all future communication concerning this project, please cite the above referenced tracking number. (1� Si « u t 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 The Exchange Apartments Attachments September 13, 2023 CWS Project No. 2023-0034 ATTACHMENT G: Proposed Mitigation NC WAM FIELD ASSESSMENT RESULTS Accompanies user Manual Version b.0 USACE AID # NCDWR# Project Name The Exchange Apartments Date of Evaluation 5.14.23 Applicant/Owner Name Sona Realty Wetland Site Name Wetland AA Wetland Type Headwater Forest Assessor Name/Organization CWS Level III Ecoregion Piedmont Nearest Named Water Body Stewarts Creek River Basin Yadkin-PeeDee USGS 8-Digit Catalogue Unit 03040105 County Union NCDWR Region Mooresville I-1 Yes M No Precipitation within 48 hrs? Latitude/Lonaitude (deci-dearees) 35.031326.-80.594017 Evidence of stressors affecting the assessment area (may not be within the assessment area) Please circle and/or make note on the last page if evidence of stressors is apparent. Consider departure from reference, if appropriate, in recent past (for instance, within 10 years). Noteworthy stressors include, but are not limited to the following. • Hydrological modifications (examples: ditches, dams, beaver dams, dikes, berms, ponds, etc.) • Surface and sub -surface discharges into the wetland (examples: discharges containing obvious pollutants, presence of nearby septic tanks, underground storage tanks (USTs), hog lagoons, etc.) • Signs of vegetation stress (examples: vegetation mortality, insect damage, disease, storm damage, salt intrusion, etc.) • Habitat/plant community alteration (examples: mowing, clear -cutting, exotics, etc.) Is the assessment area intensively managed? ❑ Yes ® No Regulatory Considerations - Were regulatory considerations evaluated? ®Yes ❑No If Yes, check all that apply to the assessment area. ❑ Anadromous fish ❑ Federally protected species or State endangered or threatened species ❑ NCDWR riparian buffer rule in effect ❑ Abuts a Primary Nursery Area (PNA) ❑ Publicly owned property ❑ N.C. Division of Coastal Management Area of Environmental Concern (AEC) (including buffer) ❑ Abuts a stream with a NCDWQ classification of SA or supplemental classifications of HQW, ORW, or Trout ❑ Designated NCNHP reference community ❑ Abuts a 303(d)-listed stream or a tributary to a 303(d)-listed stream What type of natural stream is associated with the wetland, if any? (check all that apply) ❑ Blackwater ❑ Brownwater ❑ Tidal (if tidal, check one of the following boxes) ❑ Lunar ❑ Wind ❑ Both Is the assessment area on a coastal island? ❑ Yes ® No Is the assessment area's surface water storage capacity or duration substantially altered by beaver? ❑ Yes ® No Does the assessment area experience overbank flooding during normal rainfall conditions? ❑ Yes ® No 1. Ground Surface Condition/Vegetation Condition —assessment area condition metric Check a box in each column. Consider alteration to the ground surface (GS) in the assessment area and vegetation structure (VS) in the assessment area. Compare to reference wetland if applicable (see User Manual). If a reference is not applicable, then rate the assessment area based on evidence an effect. GS VS ®A ®A Not severely altered ❑B ❑B Severely altered over a majority of the assessment area (ground surface alteration examples: vehicle tracks, excessive sedimentation, fire -plow lanes, skidder tracks, bedding, fill, soil compaction, obvious pollutants) (vegetation structure alteration examples: mechanical disturbance, herbicides, salt intrusion [where appropriate], exotic species, grazing, less diversity [if appropriate], hydrologic alteration) Surface and Sub -Surface Storage Capacity and Duration — assessment area condition metric Check a box in each column. Consider surface storage capacity and duration (Surf) and sub -surface storage capacity and duration (Sub). Consider both increase and decrease in hydrology. A ditch <_ 1 foot deep is considered to affect surface water only, while a ditch > 1 foot deep is expected to affect both surface and sub -surface water. Consider tidal flooding regime, if applicable. Surf Sub ®A ®A Water storage capacity and duration are not altered. ❑B ❑B Water storage capacity or duration are altered, but not substantially (typically, not sufficient to change vegetation). ❑C ❑C Water storage capacity or duration are substantially altered (typically, alteration sufficient to result in vegetation change) (examples: draining, flooding, soil compaction, filling, excessive sedimentation, underground utility lines). Water Storage/Surface Relief — assessment area/wetland type condition metric (skip for all marshes) Check a box in each column. Select the appropriate storage for the assessment area (AA) and the wetland type (WT). AA WT 3a. ❑A ❑A Majority of wetland with depressions able to pond water > 1 deep ❑B ❑B Majority of wetland with depressions able to pond water 6 inches to 1 foot deep ®C ®C Majority of wetland with depressions able to pond water 3 to 6 inches deep ❑D ❑D Depressions able to pond water < 3 inches deep 3b. ❑A Evidence that maximum depth of inundation is greater than 2 feet ❑B Evidence that maximum depth of inundation is between 1 and 2 feet ❑C Evidence that maximum depth of inundation is less than 1 foot 4. Soil Texture/Structure — assessment area condition metric (skip for all marshes) Check a box from each of the three soil property groups below. Dig soil profile in the dominant assessment area landscape feature. Make soil observations within the top 12 inches. Use most recent National Technical Committee for Hydric Soils guidance for regional indicators. 4a. ❑A Sandy soil ®B Loamy or clayey soils exhibiting redoximorphic features (concentrations, depletions, or rhizospheres) ❑C Loamy or clayey soils not exhibiting redoximorphic features ❑D Loamy or clayey gleyed soil ❑E Histosol or histic epipedon 4b. ®A Soil ribbon < 1 inch ❑B Soil ribbon >_ 1 inch 4c. ®A No peat or muck presence ❑B A peat or muck presence 5. Discharge into Wetland — opportunity metric Check a box in each column. Consider surface pollutants or discharges (Surf) and sub -surface pollutants or discharges (Sub). Examples of sub -surface discharges include presence of nearby septic tank, underground storage tank (UST), etc. Surf Sub ®A ®A Little or no evidence of pollutants or discharges entering the assessment area ❑B ❑B Noticeable evidence of pollutants or discharges entering the wetland and stressing, but not overwhelming the treatment capacity of the assessment area ❑C ❑C Noticeable evidence of pollutants or discharges (pathogen, particulate, or soluble) entering the assessment area and potentially overwhelming the treatment capacity of the wetland (water discoloration, dead vegetation, excessive sedimentation, odor) 6. Land Use — opportunity metric (skip for non -riparian wetlands) Check all that apply (at least one box in each column). Evaluation involves a GIS effort with field adjustment. Consider sources draining to assessment area within entire upstream watershed (WS), within 5 miles and within the watershed draining to the assessment area (5M), and within 2 miles and within the watershed draining to the assessment area (2M). WS 5M 2M ❑A ❑A ❑A > 10% impervious surfaces ❑B ❑B ❑B Confined animal operations (or other local, concentrated source of pollutants ❑C ❑C ❑C >_ 20% coverage of pasture ❑D ❑D ❑D >_ 20% coverage of agricultural land (regularly plowed land) ®E ®E ®E >_ 20% coverage of maintained grass/herb ❑F ❑F ❑F >_ 20% coverage of clear-cut land ❑G ❑G ❑G Little or no opportunity to improve water quality. Lack of opportunity may result from little or no disturbance in the watershed or hydrologic alterations that prevent drainage and/or overbank flow from affecting the assessment area. 7. Wetland Acting as Vegetated Buffer— assessment area/wetland complex condition metric (skip for non -riparian wetlands) 7a. Is assessment area within 50 feet of a tributary or other open water? ❑Yes ®No If Yes, continue to 7b. If No, skip to Metric 8. Wetland buffer need only be present on one side of the water body. Make buffer judgment based on the average width of wetland. Record a note if a portion of the buffer has been removed or disturbed. 7b. How much of the first 50 feet from the bank is wetland? (Wetland buffer need only be present on one side of the .water body. Make buffer judgment based on the average width of wetland. Record a note if a portion of the buffer has been removed or disturbed.) ❑A >_ 50 feet ❑B From 30 to < 50 feet ❑C From 15 to < 30 feet ❑D From 5 to < 15 feet ❑E < 5 feet or buffer bypassed by ditches 7c. Tributary width. If the tributary is anastomosed, combine widths of channels/braids for a total width. ❑<_ 15-feet wide ❑> 15-feet wide ❑ Other open water (no tributary present) 7d. Do roots of assessment area vegetation extend into the bank of the tributary/open water? ❑Yes ❑No 7e. Is stream or other open water sheltered or exposed? ❑Sheltered — adjacent open water with width < 2500 feet and no regular boat traffic. ❑Exposed — adjacent open water with width >_ 2500 feet or regular boat traffic. 8. Wetland Width at the Assessment Area — wetland type/wetland complex condition metric (evaluate WT for all marshes and Estuarine Woody Wetland only; evaluate WC for Bottomland Hardwood Forest, Headwater Forest, and Riverine Swamp Forest only) Check a box in each column for riverine wetlands only. Select the average width for the wetland type at the assessment area (WT) and the wetland complex at the assessment area (WC). See User Manual for WT and WC boundaries. WT WC ❑A ❑A >_ 100 feet ❑B ❑B From 80 to < 100 feet ❑C ❑C From 50 to < 80 feet ❑D ®D From 40 to < 50 feet ❑E ❑E From 30 to < 40 feet ❑F ❑F From 15 to < 30 feet ❑G ❑G From 5 to < 15 feet ❑H ❑H < 5 feet 9. Inundation Duration — assessment area condition metric (skip for non -riparian wetlands) Answer for assessment area dominant landform. ❑A Evidence of short -duration inundation (< 7 consecutive days) ®B Evidence of saturation, without evidence of inundation ❑C Evidence of long -duration inundation or very long -duration inundation (7 to 30 consecutive days or more) 10. Indicators of Deposition — assessment area condition metric (skip for non -riparian wetlands and all marshes) Consider recent deposition only (no plant growth since deposition). ®A Sediment deposition is not excessive, but at approximately natural levels. ❑B Sediment deposition is excessive, but not overwhelming the wetland. ❑C Sediment deposition is excessive and is overwhelming the wetland. 11. Wetland Size — wetland type/wetland complex condition metric Check a box in each column. Involves a GIS effort with field adjustment. This metric evaluates three aspects of the wetland area: the size of the wetland type (WT), the size of the wetland complex (WC), and the size of the forested wetland (FW) (if applicable, see User Manual). See the User Manual for boundaries of these evaluation areas. If assessment area is clear-cut, select "K" for the FW column. WT WC FW (if applicable) ❑A ❑A ❑A >_ 500 acres ❑B ❑B ❑B From 100 to < 500 acres ❑C ❑C ❑C From 50 to < 100 acres ❑D ❑D ❑D From 25 to < 50 acres ❑E ❑E ❑E From 10 to < 25 acres ❑F ❑F ❑F From 5 to < 10 acres ❑G ❑G ❑G From 1 to < 5 acres ❑H ❑H ❑H From 0.5 to < 1 acre ®I ®I ®I From 0.1 to < 0.5 acre ❑J ❑J ❑J From 0.01 to < 0.1 acre ❑K ❑K ❑K < 0.01 acre or assessment area is clear-cut 12. Wetland Intactness — wetland type condition metric (evaluate for Pocosins only) ❑A Pocosin is the full extent (>_ 90%) of its natural landscape size. ❑B Pocosin type is < 90% of the full extent of its natural landscape size. 13. Connectivity to Other Natural Areas — landscape condition metric 13a. Check appropriate box(es) (a box may be checked in each column). Involves a GIS effort with field adjustment. This metric evaluates whether the wetland is well connected (Well) and/or loosely connected (Loosely) to the landscape patch, the contiguous naturally vegetated area and open water (if appropriate). Boundaries are formed by four -lane roads, regularly maintained utility line corridors the width of a four -lane road or wider, urban landscapes, maintained fields (pasture and agriculture), or open water > 300 feet wide. Well Loosely ❑A ❑A >_ 500 acres ❑B ❑B From 100 to < 500 acres ®C ❑C From 50 to < 100 acres ❑D ❑D From 10 to < 50 acres ❑E ❑E < 10 acres ❑F ❑F Wetland type has a poor or no connection to other natural habitats 13b. Evaluate for marshes only. ❑Yes ❑No Wetland type has a surface hydrology connection to open waters/stream or tidal wetlands. 14. Edge Effect — wetland type condition metric (skip for all marshes and Estuarine Woody Wetland) May involve a GIS effort with field adjustment. Estimate distance from wetland type boundary to artificial edges. Artificial edges include non -forested areas >_ 40 feet wide such as fields, development, roads, regularly maintained utility line corridors, and clear -cuts. Consider the eight main points of the compass. Artificial edge occurs within 150 feet in how many directions? If the assessment area is clear cut, select option "C." ❑A 0 ®B 1 to 4 ❑C 5to8 15. Vegetative Composition — assessment area condition metric (skip for all marshes and Pine Flat) ❑A Vegetation is close to reference condition in species present and their proportions. Lower strata composed of appropriate species, with exotic plants absent or sparse within the assessment area. ®B Vegetation is different from reference condition in species diversity or proportions, but still largely composed of native species characteristic of the wetland type. This may include communities of weedy native species that develop after clearcutting or clearing. It also includes communities with exotics present, but not dominant, over a large portion of the expected strata. ❑C Vegetation severely altered from reference in composition, or expected species are unnaturally absent (planted stands of non - characteristic species or at least one stratum inappropriately composed of a single species), or exotic species are dominant in at least one stratum. 16. Vegetative Diversity — assessment area condition metric (evaluate for Non -tidal Freshwater Marsh only) ❑A Vegetation diversity is high and is composed primarily of native species (< 10% cover of exotics). ❑B Vegetation diversity is low or has > 10% to 50% cover of exotics. ❑C Vegetation is dominated by exotic species (> 50 % cover of exotics). 17. Vegetative Structure — assessment area/wetland type condition metric 17a. Is vegetation present? ®Yes ❑No If Yes, continue to 17b. If No, skip to Metric 18. 17b. Evaluate percent coverage of assessment area vegetation for all marshes only. Skip to 17c for non -marsh wetlands. ❑A >_ 25% coverage of vegetation ❑B < 25% coverage of vegetation 17c. Check a box in each column for each stratum. Evaluate this portion of the metric for non -marsh wetlands. Consider structure in airspace above the assessment area (AA) and the wetland type (WT) separately. AA WT T o ®A ®A Canopy closed, or nearly closed, with natural gaps associated with natural processes m ❑B ❑B Canopy present, but opened more than natural gaps U ❑C ❑C Canopy sparse or absent T o ❑A ❑A Dense mid-story/sapling layer ®B ®B Moderate density mid-story/sapling layer ❑C ❑C Mid-story/sapling layer sparse or absent ❑A ❑A Dense shrub layer s ❑B ❑B Moderate density shrub layer U) ®C ®C Shrub layer sparse or absent -0 ❑A ❑A Dense herb layer _ ®B ®B Moderate density herb layer ❑C ❑C Herb layer sparse or absent 18. Snags — wetland type condition metric (skip for all marshes) ❑A Large snags (more than one) are visible (> 12 inches DBH, or large relative to species present and landscape stability). ®B Not 19. Diameter Class Distribution — wetland type condition metric (skip for all marshes) ®A Majority of canopy trees have stems > 6 inches in diameter at breast height (DBH); many large trees (> 12 inches DBH) are present. ❑B Majority of canopy trees have stems between 6 and 12 inches DBH, few are > 12 inch DBH. ❑C Majority of canopy trees are < 6 inches DBH or no trees. 20. Large Woody Debris — wetland type condition metric (skip for all marshes) Include both natural debris and man -placed natural debris. ❑A Large logs (more than one) are visible (> 12 inches in diameter, or large relative to species present and landscape stability). ®B Not 21. Vegetation/Open Water Dispersion — wetland type/open water condition metric (evaluate for Non -Tidal Freshwater Marsh only) Select the figure that best describes the amount of interspersion between vegetation and open water in the growing season. Patterned areas indicate vegetated areas, while solid white areas indicate open water. ❑A ❑B ❑C ❑D 22 Hydrologic Connectivity — assessment area condition metric (evaluate for riparian wetlands and Salt/Brackish Marsh only) Examples of activities that may severely alter hydrologic connectivity include intensive ditching, fill, sedimentation, channelization, diversion, man-made berms, beaver dams, and stream incision. Documentation required if evaluated as B, C, or D. ❑A Overbank and overland flow are not severely altered in the assessment area. ❑B Overbank flow is severely altered in the assessment area. ®C Overland flow is severely altered in the assessment area. ❑D Both overbank and overland flow are severely altered in the assessment area. Notes NC WAM Wetland Rating Sheet Accompanies User Manual Version 5.0 Wetland Site Name Wetland AA Wetland Type Headwater Forest Date of Assessment 5.14.23 Assessor Name/Organization CWS Notes on Field Assessment Form (Y/N) YES Presence of regulatory considerations (Y/N) NO Wetland is intensively managed (Y/N) NO Assessment area is located within 50 feet of a natural tributary or other open water (Y/N) NO Assessment area is substantially altered by beaver (Y/N) NO Assessment area experiences overbank flooding during normal rainfall conditions (Y/N) NO Assessment area is on a coastal island (Y/N) NO Sub -function Ratina Summa Function Sub -function Metrics Rating Hydrology Surface Storage and Retention Condition MEDIUM Sub -surface Storage and Retention Condition HIGH Water Quality Pathogen Change Condition MEDIUM Condition/Opportunity MEDIUM Opportunity Presence (Y/N) NO Particulate Change Condition MEDIUM Condition/Opportunity NA Opportunity Presence (Y/N) NA Soluble Change Condition LOW Condition/Opportunity LOW Opportunity Presence (Y/N) NO Physical Change Condition LOW Condition/Opportunity LOW Opportunity Presence (Y/N) NO Pollution Change Condition NA Condition/Opportunity NA Opportunity Presence (Y/N) NA Habitat Physical Structure Condition HIGH Landscape Patch Structure Condition LOW Vegetation Composition Condition MEDIUM Function Ratina Summa Function Metrics Rating Hydrology Condition HIGH Water Quality Condition LOW Condition/Opportunity LOW Opportunity Presence (Y/N) NO Habitat Condition MEDIUM Overall Wetland Rating MEDIUM ROY COOPER Governor ELIZABETH S. BISER Secretary MARC RECKTENWALD Director Venkat Suryadevara South East Land Investments, LLC 9935-D Rea Rd. #136 Charlotte, NC 28277 Project: The Exchange Apartments NORTH CAROLINA Environmental Quality September 12, 2023 Expiration of Acceptance: 3/12/2024 County: Union The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to accept payment for compensatory mitigation for impacts associated with the above referenced project as indicated in the table below. Please note that this decision does not assure that participation in the DMS in - lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will be approved. You must also comply with all other state, federal or local government permits, regulations or authorizations associated with the proposed activity including G.S. § 143-214.11. This acceptance is valid for six months from the date of this letter and is not transferable. If we have not received a copy of the issued 404 Permit/401 Certification within this time frame, this acceptance will expire. It is the applicant's responsibility to send copies of the permits to DMS. Once DMS receives a copy of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the in -lieu fee to be paid by an applicant is calculated based upon the Fee Schedule and policies listed on the DMS website. Based on the information supplied by you in your request to use the DMS, the impacts for which you are requesting compensatory mitigation credit are summarized in the following table. The amount of mitigation required and assigned to DMS for this impact is determined by permitting agencies and may exceed the impact amounts shown below. River Basin Impact Location 8-di it HUC Impact Type Impact Quantity Yadkin 03040105 Riparian Wetland 0.170 Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The mitigation will be performed in accordance with the In -Lieu Fee Program instrument dated July 28, 2010. Thank you for your interest in the DMS in -lieu fee mitigation program. If you have any questions or need additional information, please contact Kelly.Williams@deq.nc.gov. Sincerely, / t�t_�U� FOR James. B Stanfill Deputy Director cc: Aliisa Harjumiemi, agent North Carolina Department of Environmental Quality I Division of Mitigation Services 217 West Jones Street 1 1652 Mail Service Center I Raleigh, North Carolina 27699-1652 h(h�TH :.AROI iRA IV o �nmmmenni w�a 919,707,8976