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HomeMy WebLinkAbout20201288 Ver 2_North Creek Village Phase 2 e-PCN Attachments_20230920Angela Petros From: Angela Petros Sent: Thursday, March 2, 2023 1:38 PM To: 401 PreFile Subject: North Creek Village Phase II NWP 29 Pre -Application To Whom It May Concern, Atlas will be submitting an NWP 29 application for the North Creek Village Phase II project. This project is in Huntersville (Mecklenburg County) and is a Mixed -Use project. Magnolia Huntersville II LLC is the applicant. Angela Petros ATLAS Environmental, Inc. 338 S. Sharon Amity Road #411 Charlotte, NC 28211 (704) 965-1219 mobile www.atiasenvi.com Offices in Asheville and Charlotte ONMENTAL Preliminary ORM Data Entry Fields for New Actions SAW — 201 - 200802707 BEGIN DATE [Received Date]: Prepare file folder ❑ Assign Action ID Number in ORM ❑ 1. Project Name [PCN Form A2a]: North Creek Village Phase II 2. Work Type: Private ❑ Institutional ❑ Government ❑ Commercial ❑✓ 3. Project Description / Purpose [PCN Form 133d and 133e]: Mixed -use development 4. Property Owner / Applicant [PCN Form A3 or A41: Owner: Magnolia Huntersville II LLC and Charles Spencer Davis Jr Applicant: Magnolia Huntersville II LLC 5. Agent / Consultant [PCN Form AS — or ORM Consultant ID Number]: Atlas Environmental, Jennifer Robertson 6. Related Action ID Number(s) [PCN Form B5b]: Phase 1 Action ID Is SAW-2008-02707 7. Project Location - Coordinates, Street Address, and/or Location Description [PCN Form 131b]: 17705 Davidson -Concord Rd Huntersville, NC 28078 35.4537660 /-80.8009170 8. Project Location - Tax Parcel ID [PCN Form 131a]: 01107311, 01126113, and 01126148 9. Project Location — County [PCN Form A2b]: Mecklenburg 10. Project Location — Nearest Municipality or Town [PCN Form A2c]: Huntersville 11. Project Information — Nearest Waterbody [PCN Form 132a]: Ramah Creek, Class C , Index #: 13-17-4-4 12. Watershed / 8-Digit Hydrologic Unit Code [PCN Form 132c]: Rocky, 03040105 Authorization: Section 10 ❑ Section 404 ❑✓ Section 10 & 404 ❑ Regulatory Action Type: Standard Permit Pre -Application Request ✓ Nationwide Permit # 18, 29, 39, and 58 ❑ Unauthorized Activity ❑ Regional General Permit # 0 Compliance ❑ Jurisdictional Determination Request ❑ No Permit Required Revised 20150602 IRaw raw -. l US Army Corps of Engineers Asheville Regulatory Field Office Attn: Doug Perez 8430 University Executive Park Drive, Suite 611 Charlotte, North Carolina 28262 September 18, 2023 NC Division of Water Resources 401 and Buffer Permitting Unit Attn: Stephanie Goss 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Re: North Creek Village Phase II - +/- 84.716 acres 17705 Davidson -Concord Rd Huntersville, NC 28078 Nationwide Permit 29, 39, and 58 Application Action ID: SAW-2008-02707 / DWR Project #: 2020-1288 Doug/Stephanie: The applicant, Stephen Vinson with Magnolia Huntersville II LLC, is requesting approval of the enclosed Nationwide Permit 18, 29, 39, and 58 verifications for unavoidable impacts to Waters of the United States. Atlas Environmental completed a stream and wetland delineation on February 08, 2023, March 07, 2023, March 08, 2023, and June 30, 2023. Included in this package is a preliminary jurisdictional determination request package for Phase 2. Stream Assessment Method stream forms are included for all streams where impacts are proposed (Phase 2) or have been installed (Phase 1). Correspondence with the North Carolina Historic Preservation Office and the United States Fish and Wildlife Service Office is also included in this package. A statement of availability from RES is included to cover the stream mitigation. The 401-water quality certification and 404 nationwide permit for Phase 1 is enclosed. Finally, the approved jurisdictional determination from the Army Corps is included. There are eight streams and four wetlands within the review area of Phase 2. Ramah Creek (713 linear feet), CH 100 (3,175 linear feet), CH 200 (1560 linear feet), CH 300 (66 linear feet), CH 400 (69 linear feet), CH 500 (98 linear feet), CH 600 (33 linear feet), and CH 700 (61 linear feet) for a total of 5,775 linear feet. Ramah Creek and the lower reaches of CH 100 and CH 200 are perennial. Upper reaches of CH 100 and CH 200 and CH 300, CH 400, CH 500, CH 600, and CH 700 are intermittent. WL 1000a (0.006 acre), WL 1000 (0.001 acre), WL 1200 (0.044 acre), and WL 1300 (0.001 acre) are hydrologically connected to CH 100. WL 1000a is an adjacent wetland near the Southern boundary. The development will require three permanent stream crossings for road access, one permanent stream impact for commercial/office space grading and parking, one permanent stream impact for grading at a stormwater pond, one permanent stream impact for lot grading, two permanent stream impacts for sewer line installation, and one temporary stream impact for sewer line installation. Additional impacts are being avoided by the site engineering and design. Avoidance and minimization are occurring by the construction of retaining walls. Impact S1 (191 LF, 0.012 acre) was located on the intermittent section of CH 200 and is related to Phase 1 of the project. Since mitigation is required for Phase 2 of the project the stream impact in Phase 1 has been added in this application to the mitigation calculation. Impact S1 (320 LF, 0.014 acre) is located on the intermittent section of CH 100. 155 linear feet is for fill related to grading and parking for a commercial or office building and 165 linear feet is for a road crossing required for connectivity to Hwy 73. A retaining wall is proposed to the East to minimize additional stream impact. Impact S2 (86 LF, 0.005 acre) is located on the intermittent section of CH 100 and is for the installation of a culvert for a road crossing. Retaining walls will be used on either side of this road crossing to avoid additional stream impacts. Impact S3 (86 LF, 0.004 acre) is for grading purposes for a BMP. Impact S4 (68 LF, 0.009 acre) is located on the perennial section of CH 100 and is for the ATLAS Environmental, Inc. 338 S. Sharon Amity Road, #411 Charlotte, North Carolina 28211 704-512-1206 (o) / 828-712-9205 (m) www.atlasenvi.com / Offices in Asheville and Charlotte (j%1RA0NMjEENTAL installation of a culvert for a road crossing. Retaining walls will be used on either side of this road crossing to avoid additional stream impacts. Impact S5 (56 LF, 0.003 acre) located on CH 400 and Impact S6 (47 LF, 0.003 acre) located on CH 300, are both for installation of the proposed sanitary sewer. A portion of impact S5 is for lot grading. The one temporary stream impact in Phase 2 is for one sewer line crossing. There is 0.068 acre of wetlands within Phase 1 and Phase 2. There are no wetland impacts proposed for Phase 2. One minor wetland impact was completed during Phase 1 at the one road crossing (0.009 acre). There are 2,661 linear feet of intermittent streams and 5,243 linear feet of perennial streams (7,904 linear feet total) within Phase 1 and Phase 2. Impacts for Phase 1 and Phase 2 are proposed to 13.2% of the wetlands, 29.5% of the low -quality intermittent streams, 1.3% of the perennial streams, and 10.8% of all streams. All but one of the intermittent stream impacts occur to the top reach of intermittent streams that are actively eroding due to stormwater flows. Phase 1 Impacts Site # Reason for Impact Wetland/ Name Forested Type of Width Impact Im act Type Stream Type Jurisdiction Area Si* Road P Intermittent CH N/A Both 3 191 LF Crossing 200 0.012ac S1** Sewer Line T Seep Yes Both N/A 0.009ac Crossing W1* Road P Perennial CH N/A Both 3 28 LF Crossing 100 0.005ac *NWP 29 approved June 8, 2021 / ** NWP 29/58 approved June 9, 2022 P=Permanent Impact / T=Temporary Impact Total Phase 1 Impacts Stream Impacts (Permanent): 191 linear feet (0.012 acre) Stream Impacts (Temporary): 28 linear feet (0.005 acre) Wetland Impacts (Permanent): 0.009 acre Phase 2 Impacts Site # Reason for Impact Wetland/ Name Forested Type of Width Impact Im act Type Stream Type Jurisdiction Area S1 Road / P Intermittent CH N/A Both 1.87 320 LF Parking 100 0.014ac S2 Road P Intermittent CH N/A Both 2.66 86 LF Crossing 100 0.005ac S3 Pond P Intermittent CH N/A Both 2.21 86 LF Grading 500 0.004ac S4 Road P Perennial CH N/A Both 5.91 68 LF Crossing 100 0.009ac S5 Lot/Sewer P Intermittent CH N/A Both 2.20 56 LF 400 0.003ac S6 Sewer P Intermittent CH N/A Both 2.36 47 LF 300 0.003ac S7 Sewer T Intermittent CH N/A Both 2.12 17 LF 100 0.001 ac Total Phase 2 Impacts Stream Impacts (Permanent): 663 linear feet (0.038 acre) Stream Impacts (Temporary): 17 linear feet (0.001 acre) ATLAS Environmental, Inc. 338 S. Sharon Amity Road, #411 Charlotte, North Carolina 28211 704-512-1206 (o) / 828-712-9205 (m) www.atlasenvi.com / Offices in Asheville and Charlotte AS ENVIRONMENTAL Total for Both Phases Stream Impacts (Permanent): 854 linear feet (0.050 acre — rounded up) (2,170 square feet) Stream Impacts (Temporary): 45 linear feet (0.006 acre) Wetland Impacts (Permanent): 0.009 acre NC DWR mitigation will not be required for this project as perennial stream impacts do not exceed 300 linear feet and wetland impacts are not greater than or equal to 0.10 acre. Corps wetland mitigation will not be required since impacts do not exceed 0.10 acre. Corps stream mitigation will be required since stream impacts exceed 0.02 acre. A copy of the Statement of Availability letter from RES Aster, LLC is enclosed. The streams on site to be impacted rate as follows on NC SAM: S1, CH 100 intermittent = low quality; S2, CH 100 intermittent = low quality; S3, CH 500 intermittent = low quality; S4, CH 100 perennial = medium quality; S5 CH 400 intermittent = low quality; S6 CH 300 intermittent = low quality, S7 CH 100 intermittent = low quality. The SAM form for CH 200 which was impacted during construction of Phase 1 is low. The SAM stream ratings for the intermittent streams are because the streams are highly entrenched, actively eroding due to storm flow velocities, presence of unnatural debris including bricks, and lack of in -stream habitat. A mitigation ratio of 1:1 is proposed for all low -quality intermittent streams. The SAM score for impact S2 perennial CH 100 is medium quality. A 2:1 mitigation ratio is proposed for the perennial stream impacts. No wetland mitigation is required since impacts total 0.009 acre for both Phases. No wetland impacts are proposed for Phase 2. Enclosed are the necessary permit application documents for nationwide permits 18, 29, 39, and 58 as well as additional supporting documentation. Thank you for your attention to the enclosed request. Please contact me if you need any additional information. Best regards, Allyson Sinclair asinclair@atlasenvi.com Jennifer L Robertson jobertson@atlasenvi.com ATLAS Environmental, Inc. 338 S. Sharon Amity Road, #411 Charlotte, North Carolina 28211 704-512-1206 (o) / 828-712-9205 (m) www.atlasenvi.com / Offices in Asheville and Charlotte AGENT AUTHORIZATION FORM U.S. Army Corps of Engineers, Wilmington District Attn: Tommy Fennel, Chief, Regulatory Division PO Box 1890 Wilmington, North Carolina 28402-1890 -and- NC Division of Water Resources, Water Quality Program Wetlands, Buffers, Streams — Compliance and Permitting Unit Attn: Stephanie Goss, Supervisor 1617 Mail Service Center Raleigh, North Carolina 27699-1650 I, the current landowner, lessee, contract holder to purchase, right to purchase holder, or easement holder of the property/properties identified below, hereby authorize Atlas Environmental Inc to act on my behalf as my agent during the processing of permits to impact Wetlands and Waters of the US that are regulated by the Clean Water Act and the Rivers and Harbors Act. Federal and State agents are authorized to be on said property when accompanied by Atlas Environmental Inc staff for the purpose of conducting on -site investigations and issuing a determination associated with Waters of the US subject to Federal jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899 and Waters of the State including 404 Wetlands, Isolated Wetlands, and other non-404 Wetlands subject to a permitting program administered by the State of North Carolina. Atlas Environmental Inc is authorized to provide supplemental information needed for delineation approval and/or permit processing at the request of the Corps or NC DWR Water Quality Program. Project Name: North Creek Village Phase 2 Property Owner of Record: Magnolia Huntersville II LLC Contact Name: Stephen Vinson Address: 9525 Birkdale Crossing Dr Suite 200 Address: Raleigh, NC 27612 Phone/Fax Number: 919-414-6721 Email Address: svinson@magnoliadevco.com Project Address: 17705 Davidson -Concord Rd Project Address: Huntersville, NC 28078 Tax PIN: 01107311, 01126113, and 01126148 Signature:��— Date: ATLAS Environmental Inc. 338 S. Sharon Amity Road, #411 Charlotte, North Carolina 28211 704-512-1206 (o) / 828-712-9205 (m) jrobertson@atlasenvi.com www.atlasenvi.com Preliminary ORM Data Entry Fields for New Actions BEGIN DATE [Received Date]: Prepare file folder ❑ Assign Action ID Number in ORM ❑ 1. Project Name [PCN Form A2a]: North Creek Village Phase II 2. Work Type: Private ❑ Institutional ❑ Government ❑ Commercial ❑✓ 3. Project Description / Purpose [PCN Form 133d and 133e]: The purpose of this project is for the construction of mixed -use development consisting of single-family units, multi -family units, and commercial development. 4. Property Owner / Applicant [PCN Form A3 or A41: Owners: Charles Spencer Davis Jr. and Stephen Vinson Applicant: Magnolia Huntersville LLC Attn: Stephen Vinson 5. Agent / Consultant [PCN Form AS — or ORM Consultant ID Number]: Atlas Environmental, Jennifer Robertson 6. Related Action ID Number(s) [PCN Form B5b]: SAW-2008-02707 (Huntersville East) aka Phase 1 7. Project Location - Coordinates, Street Address, and/or Location Description [PCN Form 131b]: 17705 Davidson -Concord Rd Huntersville, NC 28078 35.4537660/-80.8009170 8. Project Location - Tax Parcel ID [PCN Form 131a]: 01107311, 01126113, and 01126148 9. Project Location — County [PCN Form A2b]: Mecklenburg 10. Project Location — Nearest Municipality or Town [PCN Form A2c]: Huntersville 11. Project Information — Nearest Waterbody [PCN Form 132a]: Ramah Creek; 13-17-4-4; Class C 12. Watershed / 8-Digit Hydrologic Unit Code [PCN Form 132c]: Rocky 03040105 Authorization: Section 10 ❑ Section 404 Regulatory Action Type: ❑Standard Permit Nationwide Permit # ❑ Regional General Permit # ❑✓ Jurisdictional Determination Request ❑✓ Section 10 & 404 ❑ R Pre-Application Request Unauthorized Activity 0 Compliance ❑ No Permit Required Revised 20150602 -"10 TLAS VIRQNMENTAL September 01, 2023 US Army Corps of Engineers Charlotte Regulatory Field Office Attn: Doug Perez 8430 University Executive Park Drive, Suite 611 Charlotte, North Carolina 28262 Re: North Creek Village Phase II- - 84.716 Acres 17705 Davidson -Concord Rd Huntersville, NC 28078 Preliminary Jurisdictional Determination Request Doug: The applicant, Stephen Vinson of Magnolia Huntersville II LLC is requesting approval of the enclosed delineation package of potential Waters of the United States for a preliminary jurisdictional determination. Atlas Environmental staff was onsite February 08, 2023, March 07, 2023, March 08, 2023, and June 30, 2023, and assessed the presence of eight streams (Ramah Creek, CH 100, CH 2O0, CH 300, CH 400, CH 500, CH 600, and CH 700) and four wetlands (WL 1000a, WL 1000, WL 1200, and WL 1300). Ramah Creek flows across the Southern boundary of the review area and was assessed to be perennial. Channel CH 100 flows into Ramah Creek and was assessed to be perennial in the Southern reach and intermittent in the Northern reach. Channel CH 200 is a tributary to CH 100 and was also assessed to be perennial in the Southern reach and intermittent in the Northern reach. Channels CH 300, CH 400, CH 500, CH 600, and CH 700 were all delineated as intermittent. Wetland WL 1000a is located on the floodplain of Ramah Creek. Wetland WL 1000 abuts the perennial reach of channel CH 100. Wetlands WL 1200 and WL 1300 abut the intermittent reach of channel CH 100. Enclosed are the necessary jurisdictional determination documents and additional information. Thank you for your attention to the enclosed request. Please contact me if you need any additional information. Best regards, A ✓Jacob Sinclair, P.G., PWS Senior Environmental Specialist Atlas Environmental Inc. Environmental, Inc. 338 S Sharon Amity #411, Charlotte, North Carolina 28211 704-512-1206 (o) / 828-712-9205 (m) www.atlasenvi.com / Offices in Asheville and Charlotte urisdictional Determination Reauest US Army Carps a1 Enginaers AAWW40 + Dwnu This form is intended for use by anyone requesting a jurisdictional determination (JD) from the U.S. Army Corps of Engineers, Wilmington District (Corps). Please include all supporting information, as described within each category, with your request. You may submit your request via mail, electronic mail, or facsimile. Requests should be sent to the appropriate project manager of the county in which the property is located. A current list of project managers by assigned counties can be found on-line at: http://www. saw.usace.army.mil/Missions/Re�zutatoryPet-rnitProuam/Contact/CounlyLocator.asl2x, by calling 910-251-4633, or by contacting any of the field offices listed below. Once your request is received you will be contacted by a Corps project manager. ASHEVILLE & CHARLOTTE REGULATORY FIELD OFFICES US Army Corps of Engineers 151 Patton Avenue, Room 208 Asheville, North Carolina 28801-5006 General Number: (828) 271-7980 Fax Number: (828) 281-8120 RALEIGH REGULATORY FIELD OFFICE US Army Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 General Number: (919) 554-4884 Fax Number: (919) 562-0421 INSTRUCTIONS: WASHINGTON REGULATORY FIELD OFFICE US Army Corps of Engineers 2407 West Fifth Street Washington, North Carolina 27889 General Number: (910) 251-4610 Fax Number: (252) 975-1399 WILMINGTON REGULATORY FIELD OFFICE US Army Corps of Engineers 69 Darlington Avenue Wilmington, North Carolina 28403 General Number: 910-251-4633 Fax Number: (910) 251-4025 All requestors must complete Parts A, B, C, D, E, F and G. NOTE TO CONSULTANTS AND AGENCIES: if you are requesting a JD on behalf of a paying client or your agency, please note the specific submittal requirements in Part H. NOTE ON PART D — PROPERTY OWNER AUTHORIZATION: Please be aware that all JD requests must include the current property owner authorization for the Corps to proceed with the determination, which may include inspection of the property when necessary. This form must be signed by the current property owner(s) or the owner(s) authorized agent to be considered a complete request. NOTE ON PART D - NCDOT REQUESTS: Property owner authorization/notification for JD requests associated with North Carolina Department of Transportation (NCDOT) projects will be conducted according to the current NCDOT/USACE protocols. NOTE TO USDA PROGRAM PARTICIPANTS: A Corps approved or preliminary JD 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 also request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. Version: May 2017 Page 1 Jurisdictional Determination Request A. PARCEL INFORMATION Street Address: 17705 Davidson -Concord Rd City, State: Huntersville, NC 28078 County: Mecklenburg Parcel Index Number(s) (PIN): 01107311, 01126113, and 01126148 B. REQUESTOR INFORMATION Name: Stephen Vinson of Magnolia Huntersville II LLC Mailing Address: 4040 Ed Drive Suite 201 Telephone Number: Raleigh, NC 27612 919-414-6721 Electronic Mail Address: svinson@magnoliadevco.com Select one: ❑ I am the current property owner. ❑ I am an Authorized Agent or Environmental Consultant' ❑� Interested Buyer or Under Contract to Purchase ❑ Other, please explain. C. PROPERTY OWNER INFORMATION Name: Two property owners Mailing Address: See attached property report Telephone Number: unknown Electronic Mail Address: unknown Must provide completed Agent Authorization Form/Letter. 2 Documentation of ownership also needs to be provided with request (copy of Deed, County GIS/Parcel/Tax Record). Version: May 2017 Page 2 Jurisdictional Determination Request D. PROPERTY ACCESS CERTIFICATION3,4 By signing below, I authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) to enter upon the property herein described for the purpose of conducting on - site investigations, if necessary, and issuing a jurisdictional determination pursuant to Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. 1, the undersigned, am either a duly authorized owner of record of the property identified herein, or acting as the dully authorized agent �offtthe owner of record of the property. Print Name Capacity: ✓❑ Owner ❑ Authorized Agents 7 3 Date _ Si E. REASON FOR JD REQUEST: (Check as many as applicable) ❑ I intend to construct/develop a project or perform activities on this parcel which would be designed to avoid all aquatic resources. ❑ I intend to construct/develop a projector perform activities on this parcel which would be designed to avoid all jurisdictional aquatic resources under Corps authority. ✓� I intend to construct/develop a project or perform activities on this parcel which may require authorization from the Corps, and the JD would be used to avoid and minimize impacts to jurisdictional aquatic resources and as an initial step in a future permitting process. ❑ I intend to construct/develop a project or perform activities on this parcel which may require authorization from the Corps; this request is accompanied by my permit application and the JD is to be used in the permitting process. ❑ I intend to construct/develop a project or perform activities in a navigable water of the U.S. which is included on the district Section 10 list and/or is subject to the ebb and flow of the tide. A Corps JD is required in order obtain my local/state authorization. I intend to contest jurisdiction over a particular aquatic resource and request the Corps confirm that jurisdiction does/does not exist over the aquatic resource on the parcel. ❑ I believe that the site may be comprised entirely of dry land. ❑ Other: For NCDOT requests following the current NCDOT/USACE protocols, skip to Part E. a If there are multiple parcels owned by different parties, please provide the following for each additional parcel on a continuation sheet. s Must provide agent authorization form/letter signed by owner(s). Version: May 2017 Page 3 Jurisdictional Determination Request F. JURISDICTIONAL DETERMINATION (JD) TYPE (Select One) ❑� I am requesting that the Corps provide a preliminary JD for the property identified herein. A Preliminary Jurisdictional Determination (PJD) provides an indication that there may be "waters of the United States" or "navigable waters of the United States"on a property. PJDs are sufficient as the basis for permit decisions. For the purposes of permitting, all waters and wetlands on the property will be treated as if they are jurisdictional "waters of the United States". PJDs cannot be appealed (33 C.F.R. 331.2); however, a PJD is "preliminary" in the sense that an approved JD can be requested at any time. PJDs do not expire. I am requesting that the Corps provide an approved JD for the property identified herein. An Approved Jurisdictional Determination (AJD) is a determination that jurisdictional "waters of the United States" or "navigable waters of the United States" are either present or absent on a site. An approved JD identifies the limits of waters on a site determined to be jurisdictional under the Clean Water Act and/or Rivers and Harbors Act. Approved JDs are sufficient as the basis for permit decisions. AJDs are appealable (33 C.F.R. 331.2). The results of the AJD will be posted on the Corps website. A landowner, permit applicant, or other "affected party" (33 C.F.R. 331.2) who receives an AJD may rely upon the AJD for five years (subject to certain limited exceptions explained in Regulatory Guidance Letter 05- 02). ❑ I am unclear as to which JD I would like to request and require additional information to inform my decision. G. ALL REQUESTS W1Map of Property or Project Area. This Map must clearly depict the boundaries of the review area. ✓� Size of Property or Review Area 84.716 acres. ❑✓ The property boundary (or review area boundary) is clearly physically marked on the site. Version: May 2017 Page 4 Jurisdictional Determination Request H. REQUESTS FROM CONSULTANTS Project Coordinates (Decimal Degrees): Latitude: 35.4537660 Longitude:-80.8009170 A legible delineation map depicting the aquatic resources and the property/review area. Delineation maps must be no larger than I Ix17 and should contain the following: (Corps signature of submitted survey plats will occur after the submitted delineation map has been reviewed and approved). ■ North Arrow ■ Graphical Scale ■ Boundary of Review Area ■ Date ■ Location of data points for each Wetland Determination Data Form or tributary assessment reach. For Approved Jurisdictional Determinations: Jurisdictional wetland features should be labeled as Wetland Waters of the US, 404 wetlands, etc. Please include the acreage of these features. Jurisdictional non -wetland features (i.e. tidal/navigable waters, tributaries, impoundments) should be labeled as Non -Wetland Waters of the US, stream, tributary, open water, relatively permanent water, pond, etc. Please include the acreage or linear length of each of these features as appropriate. Isolated waters, waters that lack a significant nexus to navigable waters, or non - jurisdictional upland features should be identified as Non -Jurisdictional. Please include a justification in the label regarding why the feature is non jurisdictional (i.e. "Isolated", "No Significant Nexus", or "Upland Feature"). Please include the acreage or linear length of these features as appropriate. For Preliminary Jurisdictional Determinations: Wetland and non -wetland features should not be identified as Jurisdictional, 404, Waters of the United States, or anything that implies jurisdiction. These features can be identified as Potential Waters of the United States, Potential Non -wetland Waters of the United States, wetland, stream, open water, etc. Please include the acreage and linear length of these features as appropriate. LJ Completed Wetland Determination Data Forms for appropriate region (at least one wetland and one upland form needs to be completed for each wetland type) G Please refer to the guidance document titled "Survey Standards for Jurisdictional Determinations" to ensure that the supplied map meets the necessary mapping standards. http://www.saw.usace.army.mil/Missions/Re2ulatoLy-Permit- Pro 2ram/Juri s dicti on/ Version: May 2017 Page 5 Jurisdictional Determination Request Fvl Completed appropriate Jurisdictional Determination form • PJDs, please complete a Preliminary Jurisdictional Determination Form' and include the Aquatic Resource Table • AJDs, please complete an Approved Jurisdictional Determination Form' z Vicinity Map Aerial Photograph Fvl USGS Topographic Map W-1 Soil Survey Map zOther Maps, as appropriate (e.g. National Wetland inventory Map, Proposed Site Plan, previous delineation maps, LiDAR maps, FEMA floodplain maps) zLandscape Photos (if taken) NCSAM and/or NCWAM Assessment Forms and Rating Sheets ❑� NC Division of Water Resources Stream identification Forms 1J Other Assessment Forms ' www.saw.usace.arMy.mil/Portals/59/docs/regulatory/rejzdocs/JD/RGL 08-02 Ann A Prelim JD Form_fillable.pdf ' Please see htti)://www.saw.usace.army.mil/Missions/Reaulatory-Permit-Program/Jurisdiction/ Principal Purpose: The information that you provide will be used in evaluating your request to determine whether there are any aquatic resources within the project area subject to federal jurisdiction under the regulatory authorities referenced above. Routine Uses: This information may be shared with the Department of Justice and other federal, state, and local government agencies, and the public, and may be made available as part of a public notice as required by federal law. Your name and property location where federal jurisdiction is to be determined will be included in the approved jurisdictional determination (AJD), which will be made available to the public on the District's website and on the Headquarters USAGE website. Disclosure: Submission of requested information is voluntary; however, if information is not provided, the request for an AJD cannot be evaluated nor can an AJD be issued. Version: May 2017 Page 6 TLAS \ARONMENTAL AGENT AUTHORIZATION FORM U.S. Army Corps of Engineers, Wilmington District Attn: Tommy Fennel, Chief, Regulatory Division PO Box 1890 Wilmington, North Carolina 28402-1890 -and- NC Division of Water Resources, Water Quality Program Wetlands, Buffers, Streams — Compliance and Permitting Unit Attn: Stephanie Goss, Supervisor 1617 Mail Service Center Raleigh, North Carolina 27699-1650 I, the current landowner, lessee, contract holder to purchase, right to purchase holder, or easement holder of the property/properties identified below, hereby authorize Atlas Environmental Inc to act on my behalf as my agent during the processing of permits to impact Wetlands and Waters of the US that are regulated by the Clean Water Act and the Rivers and Harbors Act. Federal and State agents are authorized to be on said property when accompanied by Atlas Environmental Inc staff for the purpose of conducting on -site investigations and issuing a determination associated with Waters of the US subject to Federal jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899 and Waters of the State including 404 Wetlands, Isolated Wetlands, and other non-404 Wetlands subject to a permitting program administered by the State of North Carolina. Atlas Environmental Inc is authorized to provide supplemental information needed for delineation approval and/or permit processing at the request of the Corps or NC DWR Water Quality Program. Project Name: North Creek Village Phase 2 Property Owner of Record: Magnolia Huntersville II LLC Contact Name: Stephen Vinson Address: 9525 Birkdale Crossing Dr Suite 200 Address: Raleigh, NC 27612 Phone/Fax Number: 919-414-6721 Email Address: svinson@magnoliadevco.com Project Address: 17705 Davidson -Concord Rd Project Address: Huntersville, NC 28078 Tax PIN: 01107311, 01126113, and 01126148 Signature: Date: e ATLAS Environmental Inc. 338 S. Sharon Amity Road, #411 Charlotte, North Carolina 28211 704-512-1206 (o) / 828-712-9205 (m) jrobertson@atlasenvi.com www.atlasenvi.com MECKLENBURG COUNTY, North Carolina POLARIS 3G PARCEL OWNERSHIP AND GIS SUMMARY Date Printed Identity Parcel ID GIS ID 01126148 T 1126148 Property Characteristics Legal desc NA Land Area 1.789 AC Fire District HUNTERSVILLE RURAL Special District FIRE SERVICE D Account Type INDIVIDUAL Municipality MECKLENBURG COUNTY -UNINCORPORATED Zoning Contact appropriate Planning Department or see Map. Post Construction District Water Quality Buffer Jurisdiction Huntersville Parcel Inside Water Quality Buffer I No District Huntersville 02/16/2023 Ownership Owner Name Mailing Address CHARLES SPENCER JR DAVIS 300 WATERS DR APT B217 PALM BEACH FL 33480 Deed Reference(s) and Sale Price Deed I Sale Date Sale Price 37701-439 10/07/2022 FEMA and Community Floodplain FEMA Panel# 3710466200J FEMA Panel Date 03/02/2009 FEMA Flood Zone OUT:VIEW FEMA FLOODPLAIN TO VERIFY Community Flood Zone OUT:VIEW COMMUNITY FLOODPLAIN ITO VERIFY Situs Addresses Tied to Parcel BLACK FARMS RD UNINC Site Location ETJ Area Huntersville Charlotte Historic District No Charlotte 6/30/2011 Annexation Area No Census Tract # 63.04 Stream Watershed Districts Stream Watershed Name CLARKE This map or report is prepared for the inventory of real property within Mecklenburg County and is compiled from recorded deeds, plats, tax maps, surveys, planimetric maps, and other public records and data. Users of this map or report are hereby notified that the aforementioned public primary information sources should be consulted for verification. Mecklenburg County and its mapping contractors assume no legal responsibility for the information contained herein. Page 1/1 MECKLENBURG COUNTY, North Carolina POLARIS 3G PARCEL OWNERSHIP AND GIS SUMMARY FEMA Panel# 3710466200J Situs Addresses Tied to Parcel 15120 BLACK FARMS RD UNINC Date Printed Identity Parcel ID GIS ID 01126113 T 1126113 Property Characteristics Legal desc NA Land Area 44.93 AC Fire District HUNTERSVILLE RURAL Special District FIRE SERVICE D Account Type NC CORP Municipality MECKLENBURG COUNTY -UNINCORPORATED Property Use USE VALUE HOMESITE Zoning Contact appropriate Planning Department or see Map. Water Quality Buffer Parcel Inside Water Quality Buffer Yes Post Construction District Jurisdiction Huntersville District Huntersville 02/16/2023 Ownership Owner Name Mailing Address MAGNOLIA HUNTERSVILLE 9525 BIRKDALE CROSSING II LLC DR STE 200 HUNTERSVILLE NC 28078 Deed Reference(s) and Sale Price Deed Sale Date Sale Price 37701-464 10/07/2022 $2,818,000.00 37701-439 10/07/2022 19251-304 08/29/2005 $0.00 09988-461 10/22/1998 1$0.00 Site Location ETJ Area Huntersville Charlotte Historic District No Charlotte 6/30/2011 Annexation Area No Census Tract # 63.04 Stream Watershed Districts Stream Watershed Name CLARKE This map or report is prepared for the inventory of real property within Mecklenburg County and is compiled from recorded deeds, plats, tax maps, surveys, planimetric maps, and other public records and data. Users of this map or report are hereby notified that the aforementioned public primary information sources should be consulted for verification. Mecklenburg County and its mapping contractors assume no legal responsibility for the information contained herein. Page 1/1 MECKLENBURG COUNTY, North Carolina POLARIS 3G PARCEL OWNERSHIP AND GIS SUMMARY Date Printed Identity Parcel ID GIS ID 01107311 T 1107311 Property Characteristics Legal desc NA Land Area 37.997 AC Fire District HUNTERSVILLE RURAL Special District FIRE SERVICE D Account Type NC CORP Municipality MECKLENBURG COUNTY -UNINCORPORATED Property Use FOREST - COMMERCIAL PRODUCTION Zoning Contact appropriate Planning Department or see Map. Post Construction District Water Quality Buffer Jurisdiction Huntersville Parcel Inside Water Quality Buffer I Yes District Huntersville 02/16/2023 Ownership Owner Name Mailing Address MAGNOLIA HUNTERSVILLE 9525 BIRKDALE CROSSING II LLC DR STE 200 HUNTERSVILLE NC 28078 Deed Reference(s) and Sale Price Deed Sale Date Sale Price 37390-656 06/01/2022 $5,700,000.00 02047-401 02/01/1959 $0.00 FEMA and Community Floodplain FEMA Panel# 3710466200J FEMA Panel Date 03/02/2009 FEMA Flood Zone OUT:VIEW FEMA FLOODPLAIN TO VERIFY Community Flood Zone OUT:VIEW COMMUNITY FLOODPLAIN ITO VERIFY Situs Addresses Tied to Parcel SAM FURR RD UNINC Site Location ETJ Area Huntersville Charlotte Historic District No Charlotte 6/30/2011 Annexation Area No Census Tract # 63.04 Stream Watershed Districts Stream Watershed Name CLARKE This map or report is prepared for the inventory of real property within Mecklenburg County and is compiled from recorded deeds, plats, tax maps, surveys, planimetric maps, and other public records and data. Users of this map or report are hereby notified that the aforementioned public primary information sources should be consulted for verification. Mecklenburg County and its mapping contractors assume no legal responsibility for the information contained herein. Page 1/1 c� aD °' � U — ca ca E U M J ry O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O M LO LO V m CO N m 00 LO CO LO N LO CO I- O M 01 0 00 N r 0 M -p V— V N— —— O M N— O 0 0 0 0 0 0 0 0 0 0 0 0 Z 00 00 00 00 00 00 00 00 00 00 00 00 0) O O O O O O O O O O O O C: 00 00 00 00 00 00 00 00 00 00 00 00 p J O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O V — I— LO — 01 CO 00 CO 00 I— V LO CO a) CO 00 I- CO LO LO M N V V V V V V O LO V V LO LO LO LO LO LO LO LO LO LO LO LO LO LO co co co co co co co co co co co co Q W W W W W W W W W W W W H Q Q Q Q Q Q Q Q Q Q Q Q 2 z_ z_ z_ z_ z_ z_ z_ z_ z_ z_ z_ z_ p J J J J J J J J J J J J 0 0 0 0 0 0 0 0 0 0 0 0 3 aD Q H H H H H H H H W W W W O O O O O O O O QfQfQfw O O O O O O O O UQ UQ UQ Q M LO O 0 M 00 M — 0 — V I— 0 0 0 M M 0 O O V O I— — LO 0 0 0 0 CO— o 0 0 0 J J J J J J J J Q Q Q Q N -oW W W W W W W W p z z z z z z z z U I LL1 LL1 LL1 LL1 W W W W W W W W W W W W O > > > > > > > > O O O O aD p U c W W W W z_ z_ z_ z_ z_ z_ z_ z_ z_ z_ z_ z_ J J J J J J J J J J J J 000000000000 Of Of Of Of Of Of Of Of Of Of Of w U U U U U U U U U U U U of of of Of Of Of Of Of Of Of Of 2000000000000 wzzzzzzzzzzzz aD _�e E aD m p z U o 0 0 0 o 0 0 0 0 0 0 0 0 0 0 p 0 0 0 0 0 0 0 0 0 N m N E N M V LO CO I— m U U U U U U U PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: 9/l/2023 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Stephen Vinson of Magnolia Huntersville II LLC 4040 Ed Drive Suite 201 Raleigh, NC 27612 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, North Creek Village Phase II, SAW-2008-02707 (Huntersville East, aka Phase 1) D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: 17705 Davidson -Concord Rd Huntersville, NC 28078. The review area is primarily forested with dilapidated barn structures within the Western region of the review area. (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: NC County: Mecklenburg City: Huntersville Center coordinates of site (lat/long in degree decimal format): Latitude: 35.453766' Longitude:-80.800917' Universal Transverse Mercator: Name of nearest waterbody: Ramah Creek E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑ Office (Desk) Determination. Date: ® Field Determination. Date(s): February 08, 2023, March 7-8, 2023 TABLE OF AQUATIC RESOURCES INREVIEWAREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION. Estimated amount Geographic authority to which of aquatic resources Type of aquatic Latitude Longitude the aquatic resource "may be" Site Number decimal de ( degrees) decimal de ( degrees) in review area resources (i.e., wetland subject (i.e., Section 404 or (acreage and linear vs. non -wetland waters) Section 10/404) feet, if applicable Ramah Creek 35.44410000 -80.80459000 713 linear feet Potential Non -Wetland 404 CH 100 35.44944000 -80.80165000 3175 linear feet Potential Non -Wetland 404 CH 200 35.44751000 -80.80475000 1560 linear feet Potential Non -Wetland 404 CH 300 35.44867000 -80.80204000 66 linear feet Potential Non -Wetland 404 CH 400 35.44895000 -80.80199000 69 linear feet Potential Non -Wetland 404 CH 500 35.44931000 -80.80196000 98 linear feet Potential Non -Wetland 404 CH 600 35.45089000 -80.80102000 33 linear feet Potential Non -Wetland 404 CH 700 35.45173000 -80.80089000 61 linear feet Potential Non -Wetland 404 WL 1000a 35.44368000 -80.80328000 0.006 acre Potential Wetland 404 WL 1000 35.44856000 -80.80215000 0.001 acre Potential Wetland 404 WL 1200 35.45158000 -80.80106000 0.044 acre Potential Wetland 404 WL 1300 35.45197000 -80.80095000 0.001 acre Potential Wetland 404 1) The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an approved 7D (AID) for that review area based on an informed decision after having discussed the various types of 7Ds and their characteristics and circumstances when they may be appropriate. 2) In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre- construction notification" (PCN), or requests verification for a non -reporting NWP or other general permit, and the permit applicant has not requested an AID for the activity, the permit applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit authorization based on a PJD, which does not make an official determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AID before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an AID could possibly result in less compensatory mitigation being required or different special conditions; (3) the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) undertaking any activity in reliance upon the subject permit authorization without requesting an AID constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AID or a PJD, the 7D will be processed as soon as practicable. Further, an AID, 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 AID 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 should be included in subject file. Appropriately reference sources below where indicated for all checked items: ® Maps, plans, plots or plat submitted by or on behalf of the PJD requester: Map: Topo, USGS Topo, Lidar, WSS, NWI, NHD, HUC 12, HUC 8, Aerial, Parcel Map ® Data sheets prepared/submitted by or on behalf of the PJD requester. ❑ Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. Rationale: ❑ Data sheets prepared by the Corps: ❑ Corps navigable waters' study: ❑ U.S. Geological Survey Hydrologic Atlas: ® USGS NHD data. ® USGS 8 and 12 digit HUC maps. ® U. S. Geological Survey map(s). Cite scale & quad name: 1:24,000 Cornelius- ® Natural Resources Conservation Service Soil Survey. Citation: Web Soil Survey ® National wetlands inventory map(s). Citename: GIS Database ❑ State/local wetland inventory map(s): ® FEMA/FIRM maps: Google Earth FEMA Tool ❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929) ® Photographs: ®Aerial (Name & Date): North Carolina GIS and 2021 Google Earth Imagery or ®Other (Name & Date): Site Photographs February 08, 2023 and March 7-8, 2023 ❑ Previous determination(s). File no. and date of response letter: ❑ Other information (please specify): 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 Click here to enter a date. September 01, 2023 Signature and date of person requesting PJD (REQUIRED, unless obtaining the signature is impracticable) t 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. rer Aquatic Resource Sketch Map Ln e.Ftd 21a5. rt o . 40% �- •• a t Legend O Review Area o Streets O Meck. Co. Parcels NC OneMap Aerial Imagery 2019 Delineation M Perennial Intermittent Wetland ` a k 0 200 400 600 800 Ft ❑ �lRpNMEEVAL Page 2 of 7 Figure: lb Project Name: North Creek Village Phase II Location:17705 Davidson -Concord Rd Huntersville, NC 28078 For: Magnolia Huntersville II LLC Attn: Stephen Vinson Coordinates: 35.453766,-80.800917 Date: May 30, 2023 Aquatic Resource Sketch Map 0 Potential Non Wetland CH 2O0: - 1560 LF, 0.084 Ac INS Potential Non Wetland CH 100: - 3175 LF, 0.237 Ac Legend \ O Review Area Streets Potential Wetland C' Meck. Co. Parcels WL 1000a: - 0.006 Ac Contours: 2 Ft Delineation Potential Non Wetland Ramah Creek: - 713 LF, 0.147 Ac Perennial Intermittent 0 100 200 300 400 Ft Wetland �,Ks�r rkna§ Page 3 of 7 Detail 1 Figure: 1c Project Name: North Creek Village Phase II Location:17705 Davidson -Concord Rd Huntersville, NC 28078 For: Magnolia Huntersville II LLC Attn: Stephen Vinson Coordinates: 35.453766, -80.800917 Date: May 30, 2023 Aquatic Resource Sketch Map Potential Non Wetland CH 500: — 98 LF, 0.005 Ac CH 100 Continued Potential Non Wetland CH 400: — 69 LF, 0.003 Ac Potential Non Wetland CH 300: — 66 LF, 0.003 Ac Potential Wetland WL 1000: — 0.001 Ac CH 100 Continued Legend O Review Area o Streets C' Meck. Co. Parcels Contours: 2 Ft Delineation Perennial \ Intermittent 0 100 200 300 400 Ft Wetland na§ Page 4 of 7 Detail 2 Figure: 1d Project Name: North Creek Village Phase II Location:17705 Davidson -Concord Rd Huntersville, NC 28078 For: Magnolia Huntersville II LLC Attn: Stephen Vinson Coordinates: 35.453766,-80.800917 Date: May 30, 2023 Aquatic Resource Sketch Map Legend I i CH 100 Continued Potential Non Wetland CH 700: — 61 LF, 0.002 Ac Potential Non Wetland CH 600: — 33 LF, 0.001 Ac -- O Review Area o Streets C' Meck. Co. Parcels Contours: 2 Ft Delineation CH 100 Continued Perennial GO Intermittent FEW 100 200 300 400 Ft Wetland ly 5,JFJJJ)JJ11"J_h1W__ wlffll 7kna§ Page 5 of 7 Detail 3 Figure: le Project Name: North Creek Village Phase II Location:17705 Davidson -Concord Rd Huntersville, NC 28078 For: Magnolia Huntersville II LLC Attn: Stephen Vinson Coordinates: 35.453766,-80.800917 Date: May 30, 2023 Aquatic Resource Sketch Map CH 200 Continued 8 Legend O Review Area Streets C' Meck. Co. Parcels Contours: 2 Ft Delineation W Perennial Intermittent Wetland CH 200 Continued 0 50 100 150 200 Ft ❑ NVlRONMEIVAL Page 6 of 7 Detail 4 Figure: 1f Project Name: North Creek Village Phase II Location:17705 Davidson -Concord Rd Huntersville, NC 28078 For: Magnolia Huntersville II LLC Attn: Stephen Vinson Coordinates: 35.453766,-80.800917 Date: May 30, 2023 Aquatic Resource Sketch Map Legend O Review Area Streets C' Meck. Co. Parcels Contours: 2 Ft Delineation Perennial Intermittent Wetland CH 200 Continued 0 50 100 150 200 Ft ❑ �IRONM,EIV`LAJL Page 7 of 7 Detail 5 Figure: 1g Project Name: North Creek Village Phase II Location:17705 Davidson -Concord Rd Huntersville, NC 28078 For: Magnolia Huntersville II LLC Attn: Stephen Vinson Coordinates: 35.453766,-80.800917 Date: May 30, 2023 C) � C) O O O 7 O O Q O O (Y) c) \« 0 \ / o m / & + 0 aCL #_ / 7 ¥ a � j � « \ \ . 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MO ry` 1 35° 75'32N 5172M 5173M 517400 517500 5176M 517700 5178M 5179M 518000 518100 518200 518MO 3 3 Map Scale: 1:7,310 iF printed on A porbait (8.5' x 11') sheet id Mears N 0 100 200 400 600 0 151 700 1400 2100 Map pr4emon: Web Mercator Corm coordinates: WGS84 Edge tics: UTM Zone 17N WGS84 Natural Resources i Conservation Service rJf A t a -■ Web Soil Survey National Cooperative Soil Survey 2/8/2023 Page 1 of 3 Figure: 13a MAPLEGEND Area of Interest (AOI) Area of Interest (AOI) Soils Soil Map Unit Polygons r r Soil Map Unit Lines 13 Soil Map Unit Points Special Point Features [moo Blowout Borrow Pit a Clay Spot 3 Closed Depression Gravel Pit Gravelly Spot Landfill t Lava Flow ram; Marsh or swamp Mine or Quarry Miscellaneous Water Perennial Water Rock Outcrop Saline Spot Sandy Spot Severely Eroded Spot y; Sinkhole Slide or Slip Sodic Spot NaNatural Resources Conservation Service �I M cat 'a Soil Map —Mecklenburg County, North Carolina (Dissolved) „.: Spoil Area Stony Spot Very Stony Spot Wet Spot _] Other - Special Line Features Water Features Streams and Canals Transportation +A_+ Rails _ Interstate Highways US Routes Major Roads Local Roads Background Aerial Photography Web Soil Survey National Cooperative Soil Survey MAP INFORMATION The soil surveys that comprise your AOI were mapped at 1:24,000. Warning: Soil Map may not be valid at this scale. Enlargement of maps beyond the scale of mapping can cause misunderstanding of the detail of mapping and accuracy of soil line placement. The maps do not show the small areas of contrasting soils that could have been shown at a more detailed scale. Please rely on the bar scale on each map sheet for map measurements. Source of Map: Natural Resources Conservation Service Web Soil Survey URL: Coordinate System: Web Mercator (EPSG:3857) Maps from the Web Soil Survey are based on the Web Mercator projection, which preserves direction and shape but distorts distance and area. A projection that preserves area, such as the Albers equal-area conic projection, should be used if more accurate calculations of distance or area are required. This product is generated from the USDA-NRCS certified data as of the version date(s) listed below. Soil Survey Area: Mecklenburg County, North Carolina Survey Area Data: Version 22, Sep 12, 2022 Soil map units are labeled (as space allows) for map scales 1:50,000 or larger. Date(s) aerial images were photographed: Mar 13, 2022—May 9, 2022 The orthophoto or other base map on which the soil lines were compiled and digitized probably differs from the background imagery displayed on these maps. As a result, some minor shifting of map unit boundaries may be evident. 2/8/2023 Page 2 of 3 Figure: 13b Soil Map —Mecklenburg County, North Carolina Map Unit Legend Map Unit Symbol Map Unit Name Acres in AOI Percent of AOI CeB2 Cecil sandy clay loam, 2 to 8 6.7 8.0% percent slopes, moderately eroded EnB Enon sandy loam, 2 to 8 26.9 31.7% percent slopes EnD Enon sandy loam, 8 to 15 31.6 37.3% percent slopes HeB Helena sandy loam, 2 to 8 1.1 1.3% percent slopes MeB Mecklenburg fine sandy loam, 12.2 14.4% 2 to 8 percent slopes MO Monacan loam, 0 to 2 percent 5.2 6.1 % slopes, frequently flooded WkB Wilkes loam, 4 to 8 percent 1.0 1.2% slopes Totals for Area of Interest 84.7 100.0% Natural Resources Conservation Service TLAS IRDNIUENTAL Web Soil Survey National Cooperative Soil Survey Dissolved 2/8/2023 Page 3 of 3 Figure: 13c E7� M 1j 8 f•- WT '■ -3r ? s\ter 4 W c4 MEMO N O LL I1� I � I co ' I o co OZ U) k L j aS > U) o c0 o = c-0 U) + -- o CD s cO ) o U o J 00 LLi U U) -5 w Q o u) LO as C3 CT: CD m co o m -7 Y ° g J LL U cn N LO LO O c� � O O Ln T ED U O U rD CD O i M aU+ O cc ' ^ V/ c 13) i L C6 N Y '~ 0)o vCD Lo Y CZ) O U o ro 73 O N N 7 L 73 V m O L w O a Y --I O O O. 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Co. Parcels Ramah Creek Delineation Perennial Photo Location and Orientation Intermittent # Wetland Form Locations — Contours: 2 Ft 0 50 100 150 200 Ft KS �� am Page 3 of 7 Detail 1 Figure: 1c Project Name: North Creek Village Phase II Location:17705 Davidson -Concord Rd Huntersville, NC 28078 For: Magnolia Huntersville II LLC Attn: Stephen Vinson Coordinates: 35.453766,-80.800917 Date: March 13, 2023 Photograph and Data Form Location Map ICH 100 Continued) CH 100 Continued Legend O Review Area o Streets O Meck. Co. Parcels Contours: 2 Ft Delineation W Perennial Intermittent Wetland 29 7 DWQ Stream Form i Photo Location and Orientation 1 - -4 Form Locations 0 50 100 150 200 Ft ❑ NVIRONMENTAL Page 4 of 7 Detail 2 Figure: 1d Project Name: North Creek Village Phase II Location:17705 Davidson -Concord Rd Huntersville, NC 28078 For: Magnolia Huntersville II LLC Attn: Stephen Vinson Coordinates: 35.453766,-80.800917 Date: March 13, 2023 Photograph and Data Form Location Map Legend O Review Area Streets O Meck. Co. Parcels Contours: 2 Ft Delineation W Perennial Intermittent Wetland CH 100 Continued WL 1300 CH 700 ill Wetland Data Form Upland Data Form "CH600 CH 100 Continued Photo Location and Orientation 1 -(b- Form Locations 0 50 100 150 200 Ft ❑ NVlRONMFEVAL Page 5 of 7 Detail 3 Figure: 1e Project Name: North Creek Village Phase II Location:17705 Davidson -Concord Rd Huntersville, NC 28078 For: Magnolia Huntersville II LLC Attn: Stephen Vinson Coordinates: 35.453766,-80.800917 Date: March 13, 2023 Photograph and Data Form Location Map CH 200 Continued Legend O Review Area o Streets O Meck. Co. Parcels Contours: 2 Ft Delineation W Perennial Intermittent Wetland I 4 ICH 200 Continued) Photo Location and Orientation 1 { Form Locations 0 50 100 150 200 Ft ❑ NVlRONMFEVAL Page 6 of 7 Detail 4 Figure: 1f Project Name: North Creek Village Phase II Location:17705 Davidson -Concord Rd Huntersville, NC 28078 For: Magnolia Huntersville II LLC Attn: Stephen Vinson Coordinates: 35.453766,-80.800917 Date: March 13, 2023 Photograph and Data Form Location Map CH 200 Continued Legend i O Review Area o Streets O Meck. Co. Parcels Contours: 2 Ft DWQ Stream Form Photo Location and Orientation Delineation W Perennial Z�, Form Locations Intermittent / 0 50 100 150 200 Ft Wetland ❑ �lRpNMFEVAL Page 7 of 7 Detail 5 Figure: 1g Project Name: North Creek Village Phase II Location:17705 Davidson -Concord Rd Huntersville, NC 28078 For: Magnolia Huntersville II LLC Attn: Stephen Vinson Coordinates: 35.453766,-80.800917 Date: March 13, 2023 NC DWn Stream identification Form Version 4.11 Date: 02-08-202 3 N. Creek Village Phase 11 Project/Site: Ramah Creek Latitude: 35 443 80 Evaluator: T Casey A Baggarley county: Mecklenburg Longitude:-80.80409 Total Points: Stream Determination (circle one) Other Cornelius Quadrangle Stream is at least intermittent 43 if>_ 19 or perennial if>_ 30* Ephemeral Intermittent Pe vial e.g. Quad Name: A. Geomorphology (Subtotal = 24 ) Absent Weak Moderate Strong I" Continuity of channel bed and bank 0 1 2 3 2. Sinuosity of channel along thalweg 0 1 2 3 3. In -channel structure: ex. riffle -pool, step -pool, ripple -pool sequence 0 1 2 3 4. Particle size of stream substrate 0 1 2 3 5. Active/relict floodplain 0 1 2 3 6. Depositional bars or benches 0 1 2 3 7. Recent alluvial deposits 0 1 2 3 8. Headcuts 0 1 2 3 9. Grade control 0 0.5 1 1.5 10. Natural valley 0 0.5 1 1.5 11. Second or greater order channel No = 0 Yes = 3 - artificial ditches are not rated; see discussions in manual B. Hvdroloov (Subtotal = a_S ) 12. Presence of Baseflow 0 1 2 3 13. Iron oxidizing bacteria 0 1 2 3 14. Leaf litter 1.5 1 0.5 0 15. Sediment on plants or debris 0 0.5 1 1.5 16. Organic debris lines or piles 0 0.5 1 1.5 17. Soil -based evidence of high water table? No = 0 Yes = 3 C_ Rinlnnv (SuhtntA = a.1 1 18. Fibrous roots in streambed 3 2 1 0 19. Rooted upland plants in streambed 3 2 1 0 20. Macrobenthos (note diversity and abundance) 0 1 2 3 21. Aquatic Mollusks 0 1 2 3 22. Fish 0 0.5 1 1.5 23. Crayfish 0 0.5 1 1.5 24. Amphibians 0 0.5 1 1.5 25. Algae 0 0.5 1 1.5 26. Wetland plants in streambed FACW = 0.75; OBL = 1.5 Other = 0 `perennial streams may also be identified using other methods. See p. 35 of manual. Notes: Sketch: 3 3 3 3 2 2 2 1 1 1 3 3 1 1.5 0.5 0.5 3 3 3 2 O 0.5 0 1 0 O NC DWn Stream identification Form Version 4.11 Date: 02-08-202 3 N. Creek Village Phase 11 Project/Site: 300-70o Latitude: 35 4492 7 Evaluator: A Baggarley T casey county: Mecklenburg Longitude:-80.80482 Total Points: Stream Determination (circle one) Other Cornelius Quadrangle Stream is at least intermittent 27 if>_ 19 or perennial if>_ 3W Ephemeral IntepAittent Perennial -1I"" e.g. Quad Name: A. Geomorphology (Subtotal = 12 ) Absent Weak Moderate Strong I" Continuity of channel bed and bank 0 1 2 3 2. Sinuosity of channel along thalweg 0 1 2 3 3. In -channel structure: ex. riffle -pool, step -pool, ripple -pool sequence 0 1 2 3 4. Particle size of stream substrate 0 1 2 3 5. Active/relict floodplain 0 1 2 3 6. Depositional bars or benches 0 1 2 3 7. Recent alluvial deposits 0 1 2 3 8. Headcuts 0 1 2 3 9. Grade control 0 0.5 1 1.5 10. Natural valley 0 0.5 1 1.5 11. Second or greater order channel No = 0 Yes = 3 - artificial ditches are not rated; see discussions in manual B. Hvdroloov (Subtotal = 8 1 12. Presence of Baseflow 0 1 2 3 13. Iron oxidizing bacteria 0 1 2 3 14. Leaf litter 1.5 1 0.5 0 15. Sediment on plants or debris 0 0.5 1 1.5 16. Organic debris lines or piles 0 1 0.5 1 1.5 17. Soil -based evidence of high water table? No = 0 Yes = 3 C_ Rinlnnv (SuhtntA = 7 1 18. Fibrous roots in streambed 3 2 1 0 19. Rooted upland plants in streambed 3 2 1 0 20. Macrobenthos (note diversity and abundance) 0 1 2 3 21. Aquatic Mollusks 0 1 2 3 22. Fish 0 0.5 1 1.5 23. Crayfish 0 0.5 1 1.5 24. Amphibians 0 0.5 1 1.5 25. Algae 0 0.5 1 1.5 26. Wetland plants in streambed FACW = 0.75; OBL = 1.5 Other = 0 `perennial streams may also be identified using other methods. See p. 35 of manual. Notes: Sketch: 2 1 2 1 1 1 1 1 O 1 1 1 1 1 3 NC DWn Stream identification Form Version 4.11 Date: 0-08-202 3 3 N. Creek Village Phase 11 Project/Site: CH 100-200 Latitude: 35 4494 8 Evaluator: A Baggarley T Casey county: Mecklenburg Longitude:-80.80160 Total Points: Stream Determination (circle one) Other Cornelius Quadrangle Stream is at least intermittent 38 if>_ 19 or perennial if>_ 30* Ephemeral Intermittent Pe vial e.g. Quad Name: A. Geomorphology (Subtotal = 19 ) Absent Weak Moderate Strong I" Continuity of channel bed and bank 0 1 2 3 2. Sinuosity of channel along thalweg 0 1 2 3 3. In -channel structure: ex. riffle -pool, step -pool, ripple -pool sequence 0 1 2 3 4. Particle size of stream substrate 0 1 2 3 5. Active/relict floodplain 0 1 2 3 6. Depositional bars or benches 0 1 2 3 7. Recent alluvial deposits 0 1 2 3 8. Headcuts 0 1 2 3 9. Grade control 0 0.5 1 1.5 10. Natural valley 0 0.5 1 1.5 11. Second or greater order channel No = 0 Yes = 3 - artificial ditches are not rated; see discussions in manual B. Hvdroloov (Subtotal = 10 ) 12. Presence of Baseflow 0 1 2 3 13. Iron oxidizing bacteria 0 1 2 3 14. Leaf litter 1.5 1 0.5 0 15. Sediment on plants or debris 0 0.5 1 1.5 16. Organic debris lines or piles 0 0.5 1 1.5 17. Soil -based evidence of high water table? No = 0 Yes = 3 C_ Rinlnnv (SuhtntA = a 1 18. Fibrous roots in streambed 3 2 1 0 19. Rooted upland plants in streambed 3 2 1 0 20. Macrobenthos (note diversity and abundance) 0 1 2 3 21. Aquatic Mollusks 0 1 2 3 22. Fish 0 0.5 1 1.5 23. Crayfish 0 0.5 1 1.5 24. Amphibians 0 0.5 1 1.5 25. Algae 0 0.5 1 1.5 26. Wetland plants in streambed FACW = 0.75; OBL = 1.5 Other = 0 `perennial streams may also be identified using other methods. See p. 35 of manual. Notes: Sketch: 2 2 2 2 2 2 2 O 1 1 3 3 1 1 1 1 3 U.S. Army Corps of Engineers OMB Control #: 0710-xxxx, Exp: Pending WETLAND DETERMINATION DATA SHEET — Eastern Mountains and Piedmont Region Requirement Control Symbol EXEMPT.• See ERDC/EL TR-07-24; the proponent agency is CECW-CO-R (Authority: AR 335-15, paragraph 5-2a) Project/Site: North Creek Village Phase II City/County: Huntersville/Mecklenburg Sampling Date: 02/08/23 Applicant/Owner: Stephen Vinson of Magnolia Huntersville II LLC / See Porperty Report State: NC Sampling Point: All WLs Investigator(s): A Baggarley, T Casey Section, Township, Range: Cornelius Quadranlge Landform (hillside, terrace, etc.): Floodplain Local relief (concave, convex, none): Flat Slope (%): 2-5 Subregion (LRR or MLRA): LRR P, MLRA 136 Lat: 35.45142 Long:-80.80107 Datum: NAD 83 Soil Map Unit Name: Enon sandy loam and Monacan loam NWI classification: None Are climatic / hydrologic conditions on the site typical for this time of year? Yes No X (If no, explain in Remarks.) Are Vegetation Soil or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes X No Are Vegetation Soil or Hydrology naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes X No Is the Sampled Area Hydric Soil Present? Yes X No within a Wetland? Yes X No Wetland Hydrology Present? Yes X No Remarks: Conditions are wetter than normal. HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (minimum of two required) Primary Indicators (minimum of one is required: check all that apply) —Surface Soil Cracks (136) X Surface Water (Al) _True Aquatic Plants (1314) _Sparsely Vegetated Concave Surface (138) X High Water Table (A2) —Hydrogen Sulfide Odor (Cl) —Drainage Patterns (1310) X Saturation (A3) X Oxidized Rhizospheres on Living Roots (C3) X Moss Trim Lines (1316) —Water Marks (131) —Presence of Reduced Iron (C4) _ Dry -Season Water Table (C2) X Sediment Deposits (132) —Recent Iron Reduction in Tilled Soils (C6) X Crayfish Burrows (C8) X Drift Deposits (133) _Thin Muck Surface (C7) —Saturation Visible on Aerial Imagery (C9) _Algal Mat or Crust (134) _Other (Explain in Remarks) _Stunted or Stressed Plants (D1) —Iron Deposits (135) X Geomorphic Position (D2) _Inundation Visible on Aerial Imagery (137) _Shallow Aquitard (D3) X Water -Stained Leaves (139) _ Microtopographic Relief (D4) Aquatic Fauna (1313) FAC-Neutral Test (D5) Field Observations: Surface Water Present? Yes X No Depth (inches): 2 Water Table Present? Yes X No Depth (inches): 18 Saturation Present? Yes X No Depth (inches): 18 Wetland Hydrology Present? Yes X No (includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont — Version 2.0 VEGETATION (Four Strata) - Use scientific names of plants. Sampling Point: All WLs Absolute Dominant Indicator Tree Stratum (Plot size: 30 ) % Cover Species? Status Dominance Test worksheet: 1 Number of Dominant Species 2. That Are OBL, FACW, or FAC: 6 (A) 3. Total Number of Dominant 4. Species Across All Strata: 9 (B) 5. Percent of Dominant Species 6. That Are OBL, FACW, or FAC: 66.7% (A/B) 7. Prevalence Index worksheet: =Total Cover Total % Cover of: Multiply by: 50% of total cover: 20% of total cover: OBL species 0 x 1 = 0 Sapling/Shrub Stratum (Plot size: 15 ) FACW species 10 x 2 = 20 1. Ligustrum sinense 5 Yes FACU FAC species 35 x 3 = 105 2. Elaeagnus umbellata 5 Yes UPL FACU species 10 x 4 = 40 3. Asimina triloba 10 Yes FAC UPL species 5 x 5 = 25 4. Sambucus nigra 5 Yes FAC Column Totals: 60 (A) 190 (B) 5. Acerrubrum 5 Yes FAC Prevalence Index = B/A = 3.17 6. Hydrophytic Vegetation Indicators: 7. _ 1 - Rapid Test for Hydrophytic Vegetation 8. X 2 - Dominance Test is >50% 9. - Prevalence Index is <-3.0' 30 =Total Cover -3 4 - Morphological Adaptations' (Provide supporting 50% of total cover: 15 20% of total cover: 6 data in Remarks or on a separate sheet) Herb Stratum (Plot size: 5 ) -Problematic Hydrophytic Vegetation' (Explain) 1. Juncus effusus 5 Yes FACW 'Indicators of hydric soil and wetland hydrology must be 2. Carex spp. 5 Yes FACW present, unless disturbed or problematic. Definitions of Four Vegetation Strata: 3. Microstegium vimineum 15 Yes FAC 4. Tree - Woody plants, excluding vines, 3 in. (7.6 cm) or 5. more in diameter at breast height (DBH), regardless of 6 height. 7. Sapling/Shrub - Woody plants, excluding vines, less 8. than 3 in. DBH and greater than or equal to 3.28 ft 9 (1 m) tall. 10. Herb - All herbaceous (non -woody) plants, regardless 11. of size, and woody plants less than 3.28 ft tall. 25 =Total Cover Woody Vine - All woody vines greater than 3.28 ft in 50% of total cover: 13 20% of total cover: 5 height. Woody Vine Stratum (Plot size: 30 ) 1. Lonicera japonica 5 Yes FACU 2. 3. 4. 5. Hydrophytic 5 =Total Cover Vegetation 50% of total cover: 3 20% of total cover: 1 Present? Yes X No Remarks: (Include photo numbers here or on a separate sheet.) ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont - Version 2.0 SOIL Sampling Point: All WLs Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color (moist) % Color (moist) % Type' Locz Texture Remarks 0-3 5YR 6/2 100 Loamy/Clayey 3-16 5YR 5/1 80 5YR 5/6 20 C PL Loamy/Clayey Prominent redox concentrations 'Type: C=Concentration, D=Depletion, Hydric Soil Indicators: Histosol (Al) _ Histic Epipedon (A2) —Black Histic (A3) —Hydrogen Sulfide (A4) _Stratified Layers (A5) 2 cm Muck (A10) (LRR N) _Depleted Below Dark Surface (A11) _Thick Dark Surface (Al 2) _Sandy Mucky Mineral (S1) _Sandy Gleyed Matrix (S4) _Sandy Redox (S5) —Stripped Matrix (S6) Dark Surface (S7) Restrictive Layer (if observed): Type: Depth (inches): Remarks: RM=Reduced Matrix, MS=Masked Sand Grains. _ Polyvalue Below Surface (S8) (MLRA 147, 148) _Thin Dark Surface (S9) (MLRA 147, 148) —Loamy Mucky Mineral (F1) (MLRA 136) —Loamy Gleyed Matrix (F2) X Depleted Matrix (F3) _ Redox Dark Surface (F6) —Depleted Dark Surface (F7) _ Redox Depressions (F8) —Iron-Manganese Masses (F12) (LRR N, MLRA 136) _ Umbric Surface (F13) (MLRA 122, 136) —Piedmont Floodplain Soils (F19) (MLRA 148) Red Parent Material (F21) (MLRA 127, 1479 148) 2Location: PL=Pore Lining, M=Matrix Indicators for Problematic Hydric Soils3: 2 cm Muck (A10) (MLRA 147) _Coast Prairie Redox (A16) (MLRA 147, 148) —Piedmont Floodplain Soils (F19) (MLRA 136, 147) _Red Parent Material (F21) (outside MLRA 127, 1479 148) _Very Shallow Dark Surface (F22) Other (Explain in Remarks) 3Indicators of hydrophytic vegetation and wetland hydrology must be present, unless disturbed or problematic. Hydric Soil Present? Yes X No ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont — Version 2.0 U.S. Army Corps of Engineers OMB Control #: 0710-xxxx, Exp: Pending WETLAND DETERMINATION DATA SHEET — Eastern Mountains and Piedmont Region Requirement Control Symbol EXEMPT.• See ERDC/EL TR-07-24; the proponent agency is CECW-CO-R (Authority: AR 335-15, paragraph 5-2a) Project/Site: North Creek Village Phase II City/County: Huntersville/Mecklenburg Sampling Date: 02/08/23 Applicant/Owner: Stephen Vinson of Magnolia Huntersville II LLC / See Porperty Report State: NC Sampling Point: Upland Investigator(s): A Baggarley, T Casey Section, Township, Range: Cornelius Quadrangle Landform (hillside, terrace, etc.): Floodplain Local relief (concave, convex, none): None Slope (%): 2-5 Subregion (LRR or MLRA): LRR P, MLRA 136 Lat: 35.45138 Long:-80.80102 Datum: NAD 83 Soil Map Unit Name: Enon sandy loam and Monacan loam NWI classification: None Are climatic / hydrologic conditions on the site typical for this time of year? Yes No X (If no, explain in Remarks.) Are Vegetation Soil or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes X No Are Vegetation Soil or Hydrology naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes No X Is the Sampled Area Hydric Soil Present? Yes No X within a Wetland? Yes No X Wetland Hydrology Present? Yes No X Remarks: Conditions are wetter than normal. HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (minimum of two required) Primary Indicators (minimum of one is required: check all that apply) —Surface Soil Cracks (136) _Surface Water (Al) _True Aquatic Plants (1314) _Sparsely Vegetated Concave Surface (138) —High Water Table (A2) —Hydrogen Sulfide Odor (Cl) —Drainage Patterns (1310) _ Saturation (A3) —Oxidized Rhizospheres on Living Roots (C3) _ Moss Trim Lines (1316) —Water Marks (131) —Presence of Reduced Iron (C4) _ Dry -Season Water Table (C2) _Sediment Deposits (132) _Recent Iron Reduction in Tilled Soils (C6) _Crayfish Burrows (C8) _ Drift Deposits (133) _Thin Muck Surface (C7) —Saturation Visible on Aerial Imagery (C9) _Algal Mat or Crust (134) _Other (Explain in Remarks) _Stunted or Stressed Plants (D1) —Iron Deposits (135) X Geomorphic Position (D2) _Inundation Visible on Aerial Imagery (137) _Shallow Aquitard (D3) —Water-Stained Leaves (139) Microtopographic Relief (D4) Aquatic Fauna (1313) FAC-Neutral Test (D5) Field Observations: Surface Water Present? Yes No Depth (inches): Water Table Present? Yes No Depth (inches): Saturation Present? Yes No Depth (inches): Wetland Hydrology Present? Yes No X (includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: Conditions are wetter than normal. ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont — Version 2.0 VEGETATION (Four Strata) - Use scientific names of plants. Sampling Point: Upland Absolute Dominant Indicator Tree Stratum (Plot size: 30 ) % Cover Species? Status 1. Acerrubrum 10 No FAC 2. Liriodendron tulipifera 35 Yes FACU 3. Liquidambarstyraciflua 20 Yes FAC 4. Juniperus virginiana 10 No FACU 5. Pinus virginiana 10 No UPL 6. Fagus grandifolia 10 No FACU 7. 95 =Total Cover 50% of total cover: 48 20% of total cover: 19 Saplinq/Shrub Stratum (Plot size: 15 ) 1. Acerrubrum 5 No FAC 2. Sambucus nigra 5 No FAC 3. Ligustrum sinense 20 Yes FACU 4. Pinus virginiana 10 Yes UPL 5. Ilex opaca 10 Yes FACU 6. Fagus grandifolia 5 No FACU 7. 8. 9. 55 =Total Cover 50% of total cover: 28 20% of total cover: 11 Herb Stratum (Plot size: 5 ) 1. Hexastylis arifolia 2 No FAC 2. Polystichum acrostichoides 8 Yes FACW 3. Polytrichum commune 8 Yes UPL 4. Huperzia spp. 5 Yes UPL 5. Festuca heterophylla 5 Yes UPL 6. Cynodon dactylon 5 Yes FACU 7. Fragaria vesca 5 Yes FACU 8. Viola sororia 5 Yes FAC 9. 10. 11. 43 =Total Cover 50% of total cover: 22 20% of total cover: 9 Woody Vine Stratum (Plot size: 30 ) 1. Lonicera japonica 5 Yes FACU 2. Vitis acerifolia 2 No UPL 3. Smilax rotundifolia 2 No FAC 4. Rosa multiflora 5 Yes FACU 5. 14 =Total Cover 50% of total cover: 7 20% of total cover: 3 Remarks: (Include photo numbers here or on a separate sheet.) Dominance Test worksheet: Number of Dominant Species That Are OBL, FACW, or FAC: 3 (A) Total Number of Dominant Species Across All Strata: 14 (B) Percent of Dominant Species That Are OBL, FACW, or FAC: 21.4% (A/B) Prevalence Index worksheet: Total % Cover of: Multiply by: OBL species 0 x 1 = 0 FACW species 8 x 2 = 16 FAC species 49 x 3 = 147 FACU species 110 x 4 = 440 UPL species 40 x 5 = 200 Column Totals: 207 (A) 803 (B) Prevalence Index = B/A = 3.88 _ 1 - Rapid Test for Hydrophytic Vegetation -2 - Dominance Test is >50% _3 - Prevalence Index is:53.0' _4 - Morphological Adaptations' (Provide supporting data in Remarks or on a separate sheet) Problematic Hydrophytic Vegetation' (Explain) 'Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problematic. Definitions of Four Vegetation Strata: Tree - Woody plants, excluding vines, 3 in. (7.6 cm) or more in diameter at breast height (DBH), regardless of height. Sapling/Shrub - Woody plants, excluding vines, less than 3 in. DBH and greater than or equal to 3.28 ft (1 m) tall. Herb - All herbaceous (non -woody) plants, regardless of size, and woody plants less than 3.28 ft tall. Woody Vine - All woody vines greater than 3.28 ft in height. Hydrophytic Vegetation Present? Yes No X ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont - Version 2.0 SOIL Sampling Point: Upland Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color (moist) % Color (moist) % Type' Locz Texture Remarks 0-2 5YR 5/4 100 Loamy/Clayey 2-16 5YR 5/6 100 Loamy/Clayey 'Type: C=Concentration, D=Depletion, Hydric Soil Indicators: Histosol (Al) _ Histic Epipedon (A2) —Black Histic (A3) —Hydrogen Sulfide (A4) _Stratified Layers (A5) 2 cm Muck (A10) (LRR N) _Depleted Below Dark Surface (A11) _Thick Dark Surface (Al 2) _Sandy Mucky Mineral (S1) _Sandy Gleyed Matrix (S4) _Sandy Redox (S5) —Stripped Matrix (S6) Dark Surface (S7) Restrictive Layer (if observed): Type: Depth (inches): Remarks: RM=Reduced Matrix, MS=Masked Sand Grains. _ Polyvalue Below Surface (S8) (MLRA 147, 148) _Thin Dark Surface (S9) (MLRA 147, 148) —Loamy Mucky Mineral (F1) (MLRA 136) —Loamy Gleyed Matrix (F2) —Depleted Matrix (F3) _ Redox Dark Surface (F6) —Depleted Dark Surface (F7) _ Redox Depressions (F8) —Iron-Manganese Masses (F12) (LRR N, MLRA 136) _ Umbric Surface (F13) (MLRA 122, 136) —Piedmont Floodplain Soils (F19) (MLRA 148) Red Parent Material (F21) (MLRA 127, 1479 148) 2Location: PL=Pore Lining, M=Matrix Indicators for Problematic Hydric Soils3: 2 cm Muck (A10) (MLRA 147) _Coast Prairie Redox (A16) (MLRA 147, 148) —Piedmont Floodplain Soils (F19) (MLRA 136, 147) _Red Parent Material (F21) (outside MLRA 127, 1479 148) _Very Shallow Dark Surface (F22) Other (Explain in Remarks) 3Indicators of hydrophytic vegetation and wetland hydrology must be present, unless disturbed or problematic. Hydric Soil Present? Yes No X ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont — Version 2.0 U Q LL J r �LL N � 0 O LL 00 J O Y o Q -H O 0 z_ M > W 0 V J = () U U �w LL z Q Q Q J 2 � W Q' Q' Q' U t� L >w ~ a O Zo g-H w 3: / d u =0- Z IAz ON00 d d Z w OR J ss LL 6, -1 00 OD LO g- UOI N / U [2 U > U U)°6-Lo E E c:) N O O J \ E�CD U\ \ co 2 H U c a� m_ W N / p Q C/) U � C) a Df Q 0 w a(Q LU Q \� LLLI a / LL W O �� \� of U)� U. 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D H * O* O ILL N 0- U � Ll 001) / (O U l� � C / U) O c N N U 00 0 Qo aU / O co / J U / oQ w k / ILU r / U) L11 (n z / aw / Ir / / 1 Y V w m V V N Q = m a w 0 z O O1 I N o o Q Ir p z O U ) O LU O- O X Ir ofD w 1 p d U T u1 O Z -+4F-1hu, O O1 I O Y V w w z � O v H = V H w w m O z m N m li m 0 OD LO a N J O Nfl- LL J IL v-za N U C) N C a- E C � L O O U) CM U LU J 0 U)*o 164 CO LO m W N "� i� J (fl N > C' U .. U Z U a U.) - N U)CM C d / U O Eco / a0 ELL O J v u' U / / Fl//////i NC SAM FIELD ASSESSMENT FORM Accompanies User Manual Version 2 Rating Calculator Version 2 INSTRUCTIONS: Attach a sketch of the assessment area and photographs. Attach a copy of the USGS 7.5- quadrangle, and circle the location of the stream reach under evaluation. If multiple stream reaches will be evalu; property, identify and number all reaches on the attached map, and include a separate form for each reach. See I Manual for detailed descriptions and explanations of requested information. Record in the "Notes/Sketch" section if any suppleme measurements were performed. See the NC SAM User Manual for examples of additional measurements that may be relevant. NOTE EVIDENCE OF STRESSORS AFFECTING THE ASSESSMENT AREA (do not need to be within the assessment area) PROJECT 1 SITE INFORMATION: 1. Project name (if any): North Creek Village Phase II 2. Date of evaluation: 02/08/2023 and 03/08/2023 3. Applicant/owner name: Magnolia Huntersville II LLC 4. Assessor name/organization: Atlas Environments 5. County: Mecklenburg 6. Nearest named water body 7. River Basin: Yadkin-PeeDee on USGS 7.5-minute quad: Ramah Creek 8. Site coordinates (decimal degrees, at lower end of assessment reach): 35.45280,-80.80120 STREAM INFORMATION: (depth and width can be approximations) 9. Site number (show on attached map): CH 100 int 10. Length of assessment reach evaluated (feet): 423 11. Channel depth from bed (in riffle, if present) to top of bank (feet): 4 J- Unable to assess channi 12. Channel width at top of bank (feet): 5 13. Is assessment reach a swamp stream? ` 'Yes 14. Feature type: ` Perennial flow `.Intermittent flow Tidal Marsh Stream STREAM RATING INFORMATION: 15. NC SAM Zone: ` Mountains (M) `.Piedmont (P) Inner Coastal Plain (I) Outer 16. Estimated geomorphic \ / valley shape (skip for: a b Tidal Marsh Stream): (more sinuous stream, flatter valley slope) (less sinuous stream, steeper va 17. Watershed size: (skip r.Size 1 (< 0.1 miz) r: Size 2 (0.1 to < 0.5 miz) ` 'Size 3 (0.5 to < 5 miz) ` q for Tidal Marsh Stream) ADDITIONAL INFORMATION: 18. Were regulatory considerations evaluated? `.Yes ` 'No If Yes, check all that appy to the assessment area. Section 10 water r Classified Trout Waters i Water Supply Watershed ( ` , I ` -911 F7 Essential Fish Habitat r Primary Nursery Area High Quality Waters/Outstanding Resource W Publicly owned property r NCDWR riparian buffer rule in effect r Nutrient Sensitive Waters Anadromous fish F- 303(d) List F- CAMA Area of Environmental Concern (AEC) Documented presence of a federal and/or state listed protected species within the assessment area. List species: r Designated Critical Habitat (list species): 19. Are additional stream information/supplementary measurements included in "Notes/Sketch" section or attached? 1. Channel Water - assessment reach metric (skip for Size 1 streams and Tidal Marsh Streams) +]A Water throughout assessment reach. '4B No flow, water in pools only. r'C No water in assessment reach. �A 2. Evidence of Flow Restriction - assessment reach metric ` .,A At least 10% of assessment reach in -stream habitat or riffle -pool sequence is adversely affected by a flow restriction c point of obstructing flow or a channel choked with aquatic macrophytes or ponded water or impounded on flood or eb the assessment reach (examples: undersized or perched culverts, causeways that constrict the channel, tidal gates). rB Not 3. Feature Pattern - assessment reach metric r-,A A majority of the assessment reach has altered pattern (examples: straightening, modification above or below culvert; r B Not A. 4. Feature Longitudinal Profile - assessment reach metric `«]A Majority of assessment reach has a substantially altered stream profile (examples: channel down -cutting, existing dar over widening, active aggradation, dredging, and excavation where appropriate channel profile has not reformed from these disturbances). r'B Not �A 5. Signs of Active Instability - assessment reach metric Consider only current instability, not past events from which the stream has currently recovered. Examples of instabi active bank failure, active channel down -cutting (head -cut), active widening, and artificial hardening (such as concrete, gabior rl�A < 10% of channel unstable r: B 10 to 25% of channel unstable r.0 > 25% of channel unstable 6. Streamside Area Interaction — streamside area metric Consider for the Left Bank (LB) and the Right Bank (RB). LB RB A ,A Little or no evidence of conditions that adversely affect reference interaction B ,B Moderate evidence of conditions (examples: berms, levees, down -cutting, aggradation, dredging) that advers reference interaction (examples: limited streamside area access, disruption of flood flows through streamside leaky or intermittent bulkheads, causeways with floodplain constriction, minor ditching [including mosquito ditl C ,C Extensive evidence of conditions that adversely affect reference interaction (little to no floodplain/intertidal zoi [examples: causeways with floodplain and channel constriction, bulkheads, retaining walls, fill, stream incisioi disruption of flood flows through streamside area] or too much floodplain/intertidal zone access [examples: impoundments, intensive mosquito ditching]) or floodplain/intertidal zone unnaturally absent or assessment re man-made feature on an interstream divide 7. Water Quality Stressors — assessment reach/intertidal zone metric Check all that apply. F—A Discolored water in stream or intertidal zone (milky white, blue, unnatural water discoloration, oil sheen, stream foam) F— B Excessive sedimentation (burying of stream features or intertidal zone) F— C Noticeable evidence of pollutant discharges entering the assessment reach and causing a water quality problem F— D Odor (not including natural sulfide odors) F— E Current published or collected data indicating degraded water quality in the assessment reach. Cite source in the "Nc section. F— F Livestock with access to stream or intertidal zone F— G Excessive algae in stream or intertidal zone F— H Degraded marsh vegetation in the intertidal zone (removal, burning, regular mowing, destruction, etc.) F— I Other: (explain in "Notes/Sketch" section) F7 J Little to no stressors 8. Recent Weather —watershed metric For Size 1 or 2 streams, D1 drought or higher is considered a drought; for Size 3 or 4 streams, D2 drought or higher is consid drought. r�A Drought conditions and no rainfall or rainfall not exceeding 1 inch within the last 48 hours r�B Drought conditions and rainfall exceeding 1 inch within the last 48 hours r+ C No drought conditions 9 Large or Dangerous Stream — assessment reach metric .,Yes No Is stream is too large or dangerous to assess? If Yes, skip to Metric 13 (Streamside Area Ground Si 10. Natural In -stream Habitat Types —assessment reach metric 10a. ro.,Yes No Degraded in -stream habitat over majority of the assessment reach (examples of stressors include sedimentation, mining, excavation, in -stream hardening [for example, rip -rap], recent dredging, ani (evaluate for size 4 Coastal Plain streams only, then skip to Metric 12) 10b. Check all that occur (occurs if > 5% coverage of assessment reach) (skip for Size 4 Coastal Plain streams) r—A Multiple aquatic macrophytes and aquatic mosses N I- F 5% oysters or other natural hard bo (include liverworts, lichens, and algal mats) � F G Submerged aquatic vegetation F 7- B Multiple sticks and/or leaf packs and/or emergent o N - F— H Low -tide refugia (pools) vegetation N 0 1 Sand bottom F7 C Multiple snags and logs (including lap trees) m F—J 5% vertical bank along the marsh F 77 D 5% undercut banks and/or root mats and/or roots v F— K Little or no habitat in banks extend to the normal wetted perimeter F— E Little or no habitat *********** REMAINING QUESTIONS ARE NOT APPLICABLE FOR TIDAL MARSH STREAMS-- 11. Bedform and Substrate —assessment reach metric (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams) 11 a. r.Yes r: No Is assessment reach in a natural sand -bed stream? (skip for Coastal Plain streams) 11 b. Bedform evaluated. Check the appropriate box(es). r7A Riffle -run section (evaluate 11c) B Pool -glide section (evaluate 11d) r C Natural bedform absent (skip to Metric 12, Aquatic Life) 11 c. In riffles sections, check all that occur below the normal wetted perimeter of the assessment reach — whether or not subs Check at least one box in each row (skip for Size 4 Coastal Plain Streams and Tidal Marsh Streams). Not Presei absent, Rare (R) = present but < 10%, Common (C) = > 10-40%, Abundant (A) _ > 40-70%, Predominant (P) _ > 70%. percentages should not exceed 100% for each assessment reach. NP R C A P r F, E, E, E, Bedrock/saprolite Boulder (256 — 4096 mm) Cobble (64 — 256 mm) Gravel (2 — 64 mm) Sand (.062 — 2 mm) Silt/clay (< 0.062 mm) Detritus Artificial (rip -rap, concrete, etc.) L ' L A Are pools filled with sediment? (skip for Size 4 Coastal Plain streams and Tidal Marsh Stream., 12. Aquatic Life — assessment reach metric (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams) 12a. `.Yes ` 'No Was an in -stream aquatic life assessment performed as described in the User Manual? If No, select one of the following reasons and skip to Metric 13. ` ]No Water ` 'Other: 12b.' Yes ''No Are aquatic organisms present in the assessment reach (look in riffles, pools, then snags)? If Yes all that apply. If No, skip to Metric 13. 1 >1 Numbers over columns refer to "individuals" for size 1 and 2 streams and "taxa" for size 3 and 4 streams. r7 (—Adult frogs r— r—Aquatic reptiles Aquatic macrophytes and aquatic mosses (include liverworts, lichens, and algal mats) Beetles (including water pennies) r— r7- Caddisfly larvae (Trichoptera [T]) Asian clam (Corbicula) Crustacean (isopod/am phi pod/crayfish/shrim p) Damselfly and dragonfly larvae Dipterans (true flies) r 77 r— Mayfly larvae (Ephemeroptera [E]) Megaloptera (alderfly, fishfly, dobsonfly larvae) Midges/mosquito larvae Mosquito fish (Gambusia) or mud minnows (Umbra pygmaea) Mussels/Clams (not Corbicula) Other fish r7e r— Salamanders/tadpoles r— r— Snails r7e r— Stonefly larvae (Plecoptera [P]) r— r—Tipulid larvae r— r—Worms/leeches 13. Streamside Area Ground Surface Condition — streamside area metric (skip for Tidal Marsh Streams and B valley type Consider for the Left Bank (LB) and the Right Bank (RB). Consider storage capacity with regard to both overbank flow an upland runoff. LB RB A ,A Little or no alteration to water storage capacity over a majority of the streamside area B Z, B Moderate alteration to water storage capacity over a majority of the streamside area C ,C Severe alteration to water storage capacity over a majority of the streamside area (examples include: ditches soil, compaction, livestock disturbance, buildings, man-made levees, drainage pipes) 14. Streamside Area Water Storage — streamside area metric (skip for Size 1 streams, Tidal Marsh Streams, and B valley Consider for the Left Bank (LB) and the Right Bank (RB) of the streamside area. LB RB A ,A Majority of streamside area with depressions able to pond water >_ 6 inches deep B , B Majority of streamside area with depressions able to pond water 3 to 6 inches deep C Z*-,C Majority of streamside area with depressions able to pond water < 3 inches deep 15. Wetland Presence — streamside area metric (skip for Tidal Marsh Streams) Consider for the Left Bank (LB) and the Right Bank (RB). Do not consider wetlands outside of the streamside area or wit[ normal wetted perimeter of assessment reach. LB RB r: Y r: Y Are wetlands present in the streamside area? r '9N r '9N �A �A 16. Baseflow Contributors —assessment reach metric (skip for size 4 streams and Tidal Marsh Streams) Check all contributors within the assessment reach or within view of and draining to the assessment reach. F—A Streams and/or springs (jurisdictional discharges) F— B Ponds (include wet detention basins; do not include sediment basins or dry detention basins) F— C Obstruction that passes some flow during low -flow periods within assessment area (beaver dam, bottom -release dam F— D Evidence of bank seepage or sweating (iron oxidizing bacteria in water indicates seepage) F— E Stream bed or bank soil reduced (dig through deposited sediment if present) 7 F None of the above 17. Baseflow Detractors — assessment area metric (skip for Tidal Marsh Streams) Check all that apply. A .7vidence of substantial water withdrawals from the assessment reach (includes areas excavated for pump installatior F— B Obstruction not passing flow during low flow periods affecting the assessment reach (ex: watertight dam, sediment di F C Urban stream (>> 24% impervious surface for watershed) F— D Evidence that the stream -side area has been modified resulting in accelerated drainage into the assessment reach F— E Assessment reach relocated to valley edge f7 F None of the above 18. Shading — assessment reach metric (skip for Tidal Marsh Streams) Consider aspect. Consider "leaf -on" condition. ` .,A Stream shading is appropriate for stream category (may include gaps associated with natural processes) ` AB Degraded (example: scattered trees) ` 'C Stream shading is gone or largely absent 19. Buffer Width — streamside area metric (skip for Tidal Marsh Streams) Consider "vegetated buffer" and "wooded buffer" separately for left bank (LB) and right bank (RB) starting at the top of bank out to the first break. Vegetated Wooded LB RB LB RB r�A r�A r�A r�A >_ 100-feet wide or extends to the edge of the watershed B B B B From 50 to < 100-feet wide C C C C From 30 to < 50-feet wide D D D D From 10 to < 30-feet wide E E E E < 10-feet wide or no trees 20. Buffer Structure — streamside area metric (skip for Tidal Marsh Streams) Consider for left bank (LB) and right bank (RB) for Metric 19 ("Vegetated" Buffer Width). LB RB ,:�A r: A Mature forest e ]B r.B Non -mature woody vegetation or modified vegetation structure C C Herbaceous vegetation with or without a strip of trees < 10 feet wide D D Maintained shrubs E E Little or no vegetation 21. Buffer Stressors — streamside area metric (skip for Tidal Marsh Streams) Check all appropriate boxes for left bank (LB) and right bank (RB). Indicate if listed stressor abuts stream (Abuts), does is within 30 feet of stream (< 30 feet), or is between 30 to 50 feet of stream (30-50 feet). If none of the following stressors occurs on either bank, check here and skip to Metric 22: r Abuts < 30 feet 30-50 feet LB RB LB RB LB RB A A A ,A r.,A r.,A Row crops `A 'B r,B r,B �B �B Maintained turf ` 'C C ,C AC C Pasture (no livestock)/commercial horticulture ` ' D D , D D r., D Pasture (active livestock use) 22. Stem Density — streamside area metric (skip for Tidal Marsh Streams) Consider for left bank (LB) and right bank (RB) for Metric 19 ("Wooded" Buffer Width). LB RB `+'A `.,A Medium to high stem density ` �B ` �B Low stem density ` AC ` AC No wooded riparian buffer or predominantly herbaceous species or bare ground 23. Continuity of Vegetated Buffer— streamside area metric (skip for Tidal Marsh Streams) Consider whether vegetated buffer is continuous along stream (parallel). Breaks are areas lacking vegetation > 10-feet wide. LB RB A ,A The total length of buffer breaks is < 25 percent. B ,B The total length of buffer breaks is between 25 and 50 percent. C r—,C The total length of buffer breaks is > 50 percent. 24. Vegetative Composition — First 100 feet of streamside area metric (skip for Tidal Marsh Streams) Evaluate the dominant vegetation within 100 feet of each bank or to the edge of the watershed (whichever comes first) as it cc to assessment reach habitat. LB RB r: A MA Vegetation is close to undisturbed in species present and their proportions. Lower strata composed of nati species, with non-native invasive species absent or sparse. B rB Vegetation indicates disturbance in terms of species diversity or proportions, but is still largely composed c species. This may include communities of weedy native species that develop after clear -cutting or clearin( communities with non-native invasive species present, but not dominant, over a large portion of the expect communities missing understory but retaining canopy trees. C C Vegetation is severely disturbed in terms of species diversity or proportions. Mature canopy is absent or c with non-native invasive species dominant over a large portion of expected strata or communities compose stands of non -characteristic species or communities inappropriately composed of a single species or no ve 25. Conductivity — assessment reach metric (skip for all Coastal Plain streams) 25a. ` 'Yes `+]No Was a conductivity measurement recorded? If No, select one of the following reasons.No Water Other: Check the box L. ding to the conductivity measurement (units of microsiemens per centimeter). A <46 46 to < 67 C 67 to < 79 D 79 to < 230 E ? 230 Notes/Sketch: Draft NC SAM Stream Rating Sheet Accompanies User Manual Version 1 Rating Calculator Version 1 Stream Site Name North Creek Village Phase II Date of Evaluation J2/08/2023 and 03/08/2022 Stream Category Pa2 Assessor Name/Organization Atlas Environmental Notes of Field Assessment Form (Y/N) NO Presence of regulatory considerations (Y/N) NO Additional stream information/supplementary measurements included (Y/N) NO NC SAM feature type (perennial, intermittent, Tidal Marsh Stream) Intermittent Function Class Rating Summary USACE/ All Streams NCDWR Intermittent (1) Hydrology (2) Baseflow (2) Flood Flow (3) Streamside Area Attenuation (4) Floodplain Access (4) Wooded Riparian Buffer (4) Microtopography (3) Stream Stability (4) Channel Stability (4) Sediment Transport (4) Stream Geomorphology (2) Stream/Intertidal Zone Interaction (2) Longitudinal Tidal Flow (2) Tidal Marsh Stream Stability (3) Tidal Marsh Channel Stability (3) Tidal Marsh Stream Geomorphology LOW HIGH LOW MEDIUM MEDIUM MEDIUM LOW LOW MEDIUM LOW MEDIUM NA NA NA NA NA LOW HIGH LOW MEDIUM MEDIUM MEDIUM LOW LOW MEDIUM LOW MEDIUM NA NA NA NA NA (1) Water Quality (2) Baseflow (2) Streamside Area Vegetation (3) Upland Pollutant Filtration (3) Thermoregulation (2) Indicators of Stressors (2) Aquatic Life Tolerance (2) Intertidal Zone Filtration HIGH HIGH HIGH HIGH HIGH NO HIGH NA HIGH HIGH HIGH HIGH HIGH NO NA NA (1) Habitat (2) In -stream Habitat LOW LOW LOW LOW (2) In stream Habitat (3) B asetlo w (3) Substrate (3) Stream Stability (3) In -stream Habitat )Stream -side Habitat (3) Stream -side Habitat (3) Th erma reg u latio n (2)Tidal Marsh In -stream Habitat (3) Flo-w Restriction (3) Tidal Marsh Stream Stability (4) Tidal 1.1arsh Channel Stability (4) Tidal Harsh Stream Geomorphology (3) Tidal Marsh In -stream Habitat (2) Intertidal Zone Habitat Overall LOW HIGH LOW MEDIUM MEDIUM HIGH MEDIUM HIGH NA NA NA NA NA NA NA LOW LOW HIGH LOW MEDIUM MEDIUM HIGH MEDIUM HIGH NA NA NA NA NA NA NA LOW NC SAM FIELD ASSESSMENT FORM Accompanies User Manual Version 2 Rating Calculator Version 2 INSTRUCTIONS: Attach a sketch of the assessment area and photographs. Attach a copy of the USGS 7.5- quadrangle, and circle the location of the stream reach under evaluation. If multiple stream reaches will be evalu; property, identify and number all reaches on the attached map, and include a separate form for each reach. See I Manual for detailed descriptions and explanations of requested information. Record in the "Notes/Sketch" section if any suppleme measurements were performed. See the NC SAM User Manual for examples of additional measurements that may be relevant. NOTE EVIDENCE OF STRESSORS AFFECTING THE ASSESSMENT AREA (do not need to be within the assessment area) PROJECT 1 SITE INFORMATION: 1. Project name (if any): North Creek Village Phase II 2. Date of evaluation: 02/08/2023 and 03/08/2023 3. Applicant/owner name: Magnolia Huntersville II LLC 4. Assessor name/organization: Atlas Environments 5. County: Mecklenburg 6. Nearest named water body 7. River Basin: Yadkin-PeeDee on USGS 7.5-minute quad: Ramah Creek 8. Site coordinates (decimal degrees, at lower end of assessment reach): 35.44737,-80.80307 STREAM INFORMATION: (depth and width can be approximations) 9. Site number (show on attached map): CH 100 per. 10. Length of assessment reach evaluated (feet): 68 11. Channel depth from bed (in riffle, if present) to top of bank (feet): 4 J- Unable to assess channi 12. Channel width at top of bank (feet): 8 13. Is assessment reach a swamp stream? ` I 14. Feature type: `.Perennial flow ` Intermittent flow Tidal Marsh Stream STREAM RATING INFORMATION: 15. NC SAM Zone: —Mountains (M) `.Piedmont (P) Inner Coastal Plain (I) ` 'Outer 16. Estimated geomorphic \ / valley shape (skip for: a b Tidal Marsh Stream): (more sinuous stream, flatter valley slope) (less sinuous stream, steeper va 17. Watershed size: (skip r.Size 1 (< 0.1 miz) r: Size 2 (0.1 to < 0.5 miz) ` 'Size 3 (0.5 to < 5 miz) ` for Tidal Marsh Stream) ADDITIONAL INFORMATION: 18. Were regulatory considerations evaluated? `.Yes ` 'No If Yes, check all that appy to the assessment area. Section 10 water r Classified Trout Waters i Water Supply Watershed ( ` , I ` -911 F7 Essential Fish Habitat r Primary Nursery Area High Quality Waters/Outstanding Resource W Publicly owned property r NCDWR riparian buffer rule in effect r Nutrient Sensitive Waters Anadromous fish F- 303(d) List F- CAMA Area of Environmental Concern (AEC) Documented presence of a federal and/or state listed protected species within the assessment area. List species: r Designated Critical Habitat (list species): 19. Are additional stream information/supplementary measurements included in "Notes/Sketch" section or attached? 1. Channel Water - assessment reach metric (skip for Size 1 streams and Tidal Marsh Streams) +]A Water throughout assessment reach. '4B No flow, water in pools only. r'C No water in assessment reach. �A 2. Evidence of Flow Restriction - assessment reach metric ` .,A At least 10% of assessment reach in -stream habitat or riffle -pool sequence is adversely affected by a flow restriction c point of obstructing flow or a channel choked with aquatic macrophytes or ponded water or impounded on flood or eb the assessment reach (examples: undersized or perched culverts, causeways that constrict the channel, tidal gates). rB Not 3. Feature Pattern - assessment reach metric r-,A A majority of the assessment reach has altered pattern (examples: straightening, modification above or below culvert; r B Not A. 4. Feature Longitudinal Profile - assessment reach metric `«]A Majority of assessment reach has a substantially altered stream profile (examples: channel down -cutting, existing dar over widening, active aggradation, dredging, and excavation where appropriate channel profile has not reformed from these disturbances). r'B Not �A 5. Signs of Active Instability - assessment reach metric Consider only current instability, not past events from which the stream has currently recovered. Examples of instabi active bank failure, active channel down -cutting (head -cut), active widening, and artificial hardening (such as concrete, gabior A < 10% of channel unstable B 10 to 25% of channel unstable C > 25% of channel unstable 6. Streamside Area Interaction — streamside area metric Consider for the Left Bank (LB) and the Right Bank (RB). LB RB A ,A Little or no evidence of conditions that adversely affect reference interaction B ,B Moderate evidence of conditions (examples: berms, levees, down -cutting, aggradation, dredging) that advers reference interaction (examples: limited streamside area access, disruption of flood flows through streamside leaky or intermittent bulkheads, causeways with floodplain constriction, minor ditching [including mosquito ditl C ,C Extensive evidence of conditions that adversely affect reference interaction (little to no floodplain/intertidal zoi [examples: causeways with floodplain and channel constriction, bulkheads, retaining walls, fill, stream incisioi disruption of flood flows through streamside area] or too much floodplain/intertidal zone access [examples: impoundments, intensive mosquito ditching]) or floodplain/intertidal zone unnaturally absent or assessment re man-made feature on an interstream divide 7. Water Quality Stressors — assessment reach/intertidal zone metric Check all that apply. F—A Discolored water in stream or intertidal zone (milky white, blue, unnatural water discoloration, oil sheen, stream foam) F— B Excessive sedimentation (burying of stream features or intertidal zone) F— C Noticeable evidence of pollutant discharges entering the assessment reach and causing a water quality problem F— D Odor (not including natural sulfide odors) F— E Current published or collected data indicating degraded water quality in the assessment reach. Cite source in the "Nc section. F— F Livestock with access to stream or intertidal zone F— G Excessive algae in stream or intertidal zone F— H Degraded marsh vegetation in the intertidal zone (removal, burning, regular mowing, destruction, etc.) F— I Other: (explain in "Notes/Sketch" section) F7 J Little to no stressors 8. Recent Weather —watershed metric For Size 1 or 2 streams, D1 drought or higher is considered a drought; for Size 3 or 4 streams, D2 drought or higher is consid drought. r�A Drought conditions and no rainfall or rainfall not exceeding 1 inch within the last 48 hours r�B Drought conditions and rainfall exceeding 1 inch within the last 48 hours r+ C No drought conditions 9 Large or Dangerous Stream — assessment reach metric .,Yes No Is stream is too large or dangerous to assess? If Yes, skip to Metric 13 (Streamside Area Ground Si 10. Natural In -stream Habitat Types —assessment reach metric 10a. ro.,Yes No Degraded in -stream habitat over majority of the assessment reach (examples of stressors include sedimentation, mining, excavation, in -stream hardening [for example, rip -rap], recent dredging, ani (evaluate for size 4 Coastal Plain streams only, then skip to Metric 12) 10b. Check all that occur (occurs if > 5% coverage of assessment reach) (skip for Size 4 Coastal Plain streams) r—A Multiple aquatic macrophytes and aquatic mosses N I- F 5% oysters or other natural hard bo (include liverworts, lichens, and algal mats) � F G Submerged aquatic vegetation F 7- B Multiple sticks and/or leaf packs and/or emergent o N - F— H Low -tide refugia (pools) vegetation N 0 1 Sand bottom F— C Multiple snags and logs (including lap trees) m F—J 5% vertical bank along the marsh F 77 D 5% undercut banks and/or root mats and/or roots v F— K Little or no habitat in banks extend to the normal wetted perimeter F— E Little or no habitat *********** REMAINING QUESTIONS ARE NOT APPLICABLE FOR TIDAL MARSH STREAMS-- 11. Bedform and Substrate —assessment reach metric (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams) 11 a. r.Yes r: No Is assessment reach in a natural sand -bed stream? (skip for Coastal Plain streams) 11 b. Bedform evaluated. Check the appropriate box(es). r7A Riffle -run section (evaluate 11c) B Pool -glide section (evaluate 11d) r C Natural bedform absent (skip to Metric 12, Aquatic Life) 11 c. In riffles sections, check all that occur below the normal wetted perimeter of the assessment reach — whether or not subs Check at least one box in each row (skip for Size 4 Coastal Plain Streams and Tidal Marsh Streams). Not Presei absent, Rare (R) = present but < 10%, Common (C) = > 10-40%, Abundant (A) _ > 40-70%, Predominant (P) _ > 70%. percentages should not exceed 100% for each assessment reach. NP R C A P F, E, E, E, Bedrock/saprolite Boulder (256 — 4096 mm) Cobble (64 — 256 mm) Gravel (2 — 64 mm) Sand (.062 - 2 mm) Silt/clay (< 0.062 mm) Detritus Artificial (rip -rap, concrete, etc.) Are pools filled with sediment? (skip for Size 4 Coastal Plain streams and Tidal Marsh Stream., 12. Aquatic Life - assessment reach metric (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams) 12a. `.Yes ` 'No Was an in -stream aquatic life assessment performed as described in the User Manual? If No, select one of the following reasons and skip to Metric 13. ` ]No Water ` 'Other: 12b.' Yes ''No Are aquatic organisms present in the assessment reach (look in riffles, pools, then snags)? If Yes all that apply. If No, skip to Metric 13. 1 >1 Numbers over columns refer to "individuals" for size 1 and 2 streams and "taxa" for size 3 and 4 streams. r (-,/Adultfrogs r- rAquatic reptiles rAquatic macrophytes and aquatic mosses (include liverworts, lichens, and algal mats) Beetles (including water pennies) r- r7- Caddisfly larvae (Trichoptera [T]) rAsian clam (Corbicula) Crustacean (isopod/am phi pod/crayfish/shrim p) F7 Damselfly and dragonfly larvae r- F.75 Dipterans (true flies) r F- Mayfly larvae (Ephemeroptera [E]) r F- Megaloptera (alderfly, fishfly, dobsonfly larvae) r-.- Midges/mosquito larvae r- r7e Mosquito fish (Gambusia) or mud minnows (Umbra pygmaea) Mussels/Clams (not Corbicula) Other fish r7e r- Salamanders/tadpoles Snails Stonefly larvae (Plecoptera [P]) r- rTipulid larvae r- r-Worms/leeches 13. Streamside Area Ground Surface Condition - streamside area metric (skip for Tidal Marsh Streams and B valley type Consider for the Left Bank (LB) and the Right Bank (RB). Consider storage capacity with regard to both overbank flow an upland runoff. LB RB A ,A Little or no alteration to water storage capacity over a majority of the streamside area B Z, B Moderate alteration to water storage capacity over a majority of the streamside area C ,C Severe alteration to water storage capacity over a majority of the streamside area (examples include: ditches soil, compaction, livestock disturbance, buildings, man-made levees, drainage pipes) 14. Streamside Area Water Storage - streamside area metric (skip for Size 1 streams, Tidal Marsh Streams, and B valley Consider for the Left Bank (LB) and the Right Bank (RB) of the streamside area. LB RB A ,A Majority of streamside area with depressions able to pond water >_ 6 inches deep B , B Majority of streamside area with depressions able to pond water 3 to 6 inches deep C Z*-,C Majority of streamside area with depressions able to pond water < 3 inches deep 15. Wetland Presence - streamside area metric (skip for Tidal Marsh Streams) Consider for the Left Bank (LB) and the Right Bank (RB). Do not consider wetlands outside of the streamside area or wit[ normal wetted perimeter of assessment reach. LB RB r: Y r: Y Are wetlands present in the streamside area? r '9N r '9N �A �A 16. Baseflow Contributors -assessment reach metric (skip for size 4 streams and Tidal Marsh Streams) Check all contributors within the assessment reach or within view of and draining to the assessment reach. rA Streams and/or springs (jurisdictional discharges) F- B Ponds (include wet detention basins; do not include sediment basins or dry detention basins) F- C Obstruction that passes some flow during low -flow periods within assessment area (beaver dam, bottom -release dam F- D Evidence of bank seepage or sweating (iron oxidizing bacteria in water indicates seepage) F- E Stream bed or bank soil reduced (dig through deposited sediment if present) 7 F None of the above 17. Baseflow Detractors - assessment area metric (skip for Tidal Marsh Streams) Check all that apply. A .7vidence of substantial water withdrawals from the assessment reach (includes areas excavated for pump installatior F— B Obstruction not passing flow during low flow periods affecting the assessment reach (ex: watertight dam, sediment di F C Urban stream (>> 24% impervious surface for watershed) F— D Evidence that the stream -side area has been modified resulting in accelerated drainage into the assessment reach F— E Assessment reach relocated to valley edge f7 F None of the above 18. Shading — assessment reach metric (skip for Tidal Marsh Streams) Consider aspect. Consider "leaf -on" condition. ` .,A Stream shading is appropriate for stream category (may include gaps associated with natural processes) ` AB Degraded (example: scattered trees) ` 'C Stream shading is gone or largely absent 19. Buffer Width — streamside area metric (skip for Tidal Marsh Streams) Consider "vegetated buffer" and "wooded buffer" separately for left bank (LB) and right bank (RB) starting at the top of bank out to the first break. Vegetated Wooded LB RB LB RB r�A r�A r�A r�A >_ 100-feet wide or extends to the edge of the watershed B B B B From 50 to < 100-feet wide C C C C From 30 to < 50-feet wide D D D D From 10 to < 30-feet wide E E E E < 10-feet wide or no trees 20. Buffer Structure — streamside area metric (skip for Tidal Marsh Streams) Consider for left bank (LB) and right bank (RB) for Metric 19 ("Vegetated" Buffer Width). LB RB ,:�A r: A Mature forest e ]B r.B Non -mature woody vegetation or modified vegetation structure C C Herbaceous vegetation with or without a strip of trees < 10 feet wide D D Maintained shrubs E E Little or no vegetation 21. Buffer Stressors — streamside area metric (skip for Tidal Marsh Streams) Check all appropriate boxes for left bank (LB) and right bank (RB). Indicate if listed stressor abuts stream (Abuts), does is within 30 feet of stream (< 30 feet), or is between 30 to 50 feet of stream (30-50 feet). If none of the following stressors occurs on either bank, check here and skip to Metric 22: r Abuts < 30 feet 30-50 feet LB RB LB RB LB RB A A A ,A r.,A r.,A Row crops `A 'B r,B r,B �B �B Maintained turf ` 'C C ,C AC C Pasture (no livestock)/commercial horticulture ` ' D D , D D r., D Pasture (active livestock use) 22. Stem Density — streamside area metric (skip for Tidal Marsh Streams) Consider for left bank (LB) and right bank (RB) for Metric 19 ("Wooded" Buffer Width). LB RB `+'A `.,A Medium to high stem density ` �B ` �B Low stem density ` AC ` AC No wooded riparian buffer or predominantly herbaceous species or bare ground 23. Continuity of Vegetated Buffer— streamside area metric (skip for Tidal Marsh Streams) Consider whether vegetated buffer is continuous along stream (parallel). Breaks are areas lacking vegetation > 10-feet wide. LB RB A ,A The total length of buffer breaks is < 25 percent. B ,B The total length of buffer breaks is between 25 and 50 percent. C r—,C The total length of buffer breaks is > 50 percent. 24. Vegetative Composition — First 100 feet of streamside area metric (skip for Tidal Marsh Streams) Evaluate the dominant vegetation within 100 feet of each bank or to the edge of the watershed (whichever comes first) as it cc to assessment reach habitat. LB RB r: A MA Vegetation is close to undisturbed in species present and their proportions. Lower strata composed of nati species, with non-native invasive species absent or sparse. B rB Vegetation indicates disturbance in terms of species diversity or proportions, but is still largely composed c species. This may include communities of weedy native species that develop after clear -cutting or clearin( communities with non-native invasive species present, but not dominant, over a large portion of the expect communities missing understory but retaining canopy trees. C C Vegetation is severely disturbed in terms of species diversity or proportions. Mature canopy is absent or c with non-native invasive species dominant over a large portion of expected strata or communities compose stands of non -characteristic species or communities inappropriately composed of a single species or no ve 25. Conductivity — assessment reach metric (skip for all Coastal Plain streams) 25a. ` 'Yes `+]No Was a conductivity measurement recorded? If No, select one of the following reasons.No Water Other: Check the box L. ding to the conductivity measurement (units of microsiemens per centimeter). A <46 46 to < 67 C 67 to < 79 D 79 to < 230 E ? 230 Notes/Sketch: Draft NC SAM Stream Rating Sheet Accompanies User Manual Version 1 Rating Calculator Version 1 Stream Site Name North Creek Village Phase II Stream Category Pa2 Notes of Field Assessment Form (Y/N) Presence of regulatory considerations (Y/N) Additional stream information/supplementary measurements included (Y/N) NC SAM feature type (perennial, intermittent, Tidal Marsh Stream) Date of Evaluation J2/08/2023 and 03/08/2023 Assessor Name/Organization Atlas Environmental NO NO NO Paronnini USACE/ NCDWR Function Class Rating Summary All Streams Intermittent (1) Hydrology MEDIUM (2) Baseflow HIGH (2) Flood Flow MEDIUM (3) Streamside Area Attenuation MEDIUM (4) Floodplain Access MEDIUM (4) Wooded Riparian Buffer MEDIUM (4) Microtopography LOW (3) Stream Stability MEDIUM (4) Channel Stability HIGH (4) Sediment Transport LOW (4) Stream Geomorphology MEDIUM (2) Stream/Intertidal Zone Interaction NA (2) Longitudinal Tidal Flow NA (2) Tidal Marsh Stream Stability NA (3) Tidal Marsh Channel Stability NA (3) Tidal Marsh Stream Geomorphology NA (1) Water Quality HIGH (2) Baseflow HIGH (2) Streamside Area Vegetation HIGH (3) Upland Pollutant Filtration HIGH (3) Thermoregulation HIGH (2) Indicators of Stressors NO (2) Aquatic Life Tolerance HIGH (2) Intertidal Zone Filtration NA (1) Habitat LOW (2) In -stream Habitat LOW (9) Habitat LOW (2) In stream Habitat LOW (3) Baseflow HIGH (3) Substrate LOW (3)Stream Stability h;1ECIUh;1 (3) In -stream Habitat h;1ECIUh;1 (2) Stream -side Habitat HI13H (3) Stream -side Habitat h;1ECIUh;1 (3)Thermoregulation HI13H (2) Tidal Marsh In -stream Habitat N- (3) Flaw Restriction NA (3)Tidal Marsh Stream Stability NA (4) Tidal Harsh Channel Stability NA (4) Tidal Marsh Stream Geomorphology NA (3)Tidal Marsh In -stream Habitat NA (2) Intertidal ZDne Habitat NA Overall MEDIUM NC SAM FIELD ASSESSMENT FORM Accompanies User Manual Version 2 Rating Calculator Version 2 INSTRUCTIONS: Attach a sketch of the assessment area and photographs. Attach a copy of the USGS 7.5- quadrangle, and circle the location of the stream reach under evaluation. If multiple stream reaches will be evalu; property, identify and number all reaches on the attached map, and include a separate form for each reach. See I Manual for detailed descriptions and explanations of requested information. Record in the "Notes/Sketch" section if any suppleme measurements were performed. See the NC SAM User Manual for examples of additional measurements that may be relevant. NOTE EVIDENCE OF STRESSORS AFFECTING THE ASSESSMENT AREA (do not need to be within the assessment area) PROJECT 1 SITE INFORMATION: 1. Project name (if any): North Creek Village Phase II 2. Date of evaluation: 02/08/2023 and 03/08/2023 3. Applicant/owner name: Magnolia Huntersville II LLC 4. Assessor name/organization: Atlas Environments 5. County: Mecklenburg 6. Nearest named water body 7. River Basin: Yadkin-PeeDee on USGS 7.5-minute quad: Ramah Creek 8. Site coordinates (decimal degrees, at lower end of assessment reach): 35.44602,-80.80531 STREAM INFORMATION: (depth and width can be approximations) 9. Site number (show on attached map): CH 200 10. Length of assessment reach evaluated (feet): 191 It 11. Channel depth from bed (in riffle, if present) to top of bank (feet): 3 J- Unable to assess channi 12. Channel width at top of bank (feet): 5 13. Is assessment reach a swamp stream? ` I 14. Feature type: ` Perennial flow `.Intermittent flow Tidal Marsh Stream STREAM RATING INFORMATION: 15. NC SAM Zone: —Mountains (M) `.Piedmont (P) Inner Coastal Plain (I) ` 'Outer 16. Estimated geomorphic \ / valley shape (skip for: a b Tidal Marsh Stream): (more sinuous stream, flatter valley slope) (less sinuous stream, steeper va 17. Watershed size: (skip r.Size 1 (< 0.1 miz) r: Size 2 (0.1 to < 0.5 miz) ` 'Size 3 (0.5 to < 5 miz) ` for Tidal Marsh Stream) ADDITIONAL INFORMATION: 18. Were regulatory considerations evaluated? `.Yes ` 'No If Yes, check all that appy to the assessment area. Section 10 water r Classified Trout Waters i Water Supply Watershed ( ` , I ` -911 F7 Essential Fish Habitat r Primary Nursery Area High Quality Waters/Outstanding Resource W Publicly owned property r NCDWR riparian buffer rule in effect r Nutrient Sensitive Waters Anadromous fish F- 303(d) List F- CAMA Area of Environmental Concern (AEC) Documented presence of a federal and/or state listed protected species within the assessment area. List species: r Designated Critical Habitat (list species): 19. Are additional stream information/supplementary measurements included in "Notes/Sketch" section or attached? 1. Channel Water - assessment reach metric (skip for Size 1 streams and Tidal Marsh Streams) +]A Water throughout assessment reach. '4B No flow, water in pools only. r'C No water in assessment reach. �A 2. Evidence of Flow Restriction - assessment reach metric ` .,A At least 10% of assessment reach in -stream habitat or riffle -pool sequence is adversely affected by a flow restriction c point of obstructing flow or a channel choked with aquatic macrophytes or ponded water or impounded on flood or eb the assessment reach (examples: undersized or perched culverts, causeways that constrict the channel, tidal gates). rB Not 3. Feature Pattern - assessment reach metric r-,A A majority of the assessment reach has altered pattern (examples: straightening, modification above or below culvert; r B Not A. 4. Feature Longitudinal Profile - assessment reach metric `«]A Majority of assessment reach has a substantially altered stream profile (examples: channel down -cutting, existing dar over widening, active aggradation, dredging, and excavation where appropriate channel profile has not reformed from these disturbances). r'B Not �A 5. Signs of Active Instability - assessment reach metric Consider only current instability, not past events from which the stream has currently recovered. Examples of instabi active bank failure, active channel down -cutting (head -cut), active widening, and artificial hardening (such as concrete, gabior rl�A < 10% of channel unstable B 10 to 25% of channel unstable C > 25% of channel unstable 6. Streamside Area Interaction — streamside area metric Consider for the Left Bank (LB) and the Right Bank (RB). LB RB A ,A Little or no evidence of conditions that adversely affect reference interaction B ,B Moderate evidence of conditions (examples: berms, levees, down -cutting, aggradation, dredging) that advers reference interaction (examples: limited streamside area access, disruption of flood flows through streamside leaky or intermittent bulkheads, causeways with floodplain constriction, minor ditching [including mosquito ditl C ,C Extensive evidence of conditions that adversely affect reference interaction (little to no floodplain/intertidal zoi [examples: causeways with floodplain and channel constriction, bulkheads, retaining walls, fill, stream incisioi disruption of flood flows through streamside area] or too much floodplain/intertidal zone access [examples: impoundments, intensive mosquito ditching]) or floodplain/intertidal zone unnaturally absent or assessment re man-made feature on an interstream divide 7. Water Quality Stressors — assessment reach/intertidal zone metric Check all that apply. F—A Discolored water in stream or intertidal zone (milky white, blue, unnatural water discoloration, oil sheen, stream foam) F— B Excessive sedimentation (burying of stream features or intertidal zone) F— C Noticeable evidence of pollutant discharges entering the assessment reach and causing a water quality problem F— D Odor (not including natural sulfide odors) F— E Current published or collected data indicating degraded water quality in the assessment reach. Cite source in the "Nc section. F— F Livestock with access to stream or intertidal zone F— G Excessive algae in stream or intertidal zone F— H Degraded marsh vegetation in the intertidal zone (removal, burning, regular mowing, destruction, etc.) F— I Other: (explain in "Notes/Sketch" section) F7 J Little to no stressors 8. Recent Weather —watershed metric For Size 1 or 2 streams, D1 drought or higher is considered a drought; for Size 3 or 4 streams, D2 drought or higher is consid drought. r�A Drought conditions and no rainfall or rainfall not exceeding 1 inch within the last 48 hours r�B Drought conditions and rainfall exceeding 1 inch within the last 48 hours r+ C No drought conditions 9 Large or Dangerous Stream — assessment reach metric .,Yes No Is stream is too large or dangerous to assess? If Yes, skip to Metric 13 (Streamside Area Ground Si 10. Natural In -stream Habitat Types —assessment reach metric 10a. ro.,Yes No Degraded in -stream habitat over majority of the assessment reach (examples of stressors include sedimentation, mining, excavation, in -stream hardening [for example, rip -rap], recent dredging, ani (evaluate for size 4 Coastal Plain streams only, then skip to Metric 12) 10b. Check all that occur (occurs if > 5% coverage of assessment reach) (skip for Size 4 Coastal Plain streams) r—A Multiple aquatic macrophytes and aquatic mosses N I- F 5% oysters or other natural hard bo (include liverworts, lichens, and algal mats) � F G Submerged aquatic vegetation F 7- B Multiple sticks and/or leaf packs and/or emergent o N - F— H Low -tide refugia (pools) vegetation N 0 1 Sand bottom F— C Multiple snags and logs (including lap trees) m F—J 5% vertical bank along the marsh F 77 D 5% undercut banks and/or root mats and/or roots v F— K Little or no habitat in banks extend to the normal wetted perimeter F— E Little or no habitat *********** REMAINING QUESTIONS ARE NOT APPLICABLE FOR TIDAL MARSH STREAMS-- 11. Bedform and Substrate —assessment reach metric (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams) 11 a. r.Yes r: No Is assessment reach in a natural sand -bed stream? (skip for Coastal Plain streams) 11 b. Bedform evaluated. Check the appropriate box(es). r7A Riffle -run section (evaluate 11c) B Pool -glide section (evaluate 11d) r C Natural bedform absent (skip to Metric 12, Aquatic Life) 11 c. In riffles sections, check all that occur below the normal wetted perimeter of the assessment reach — whether or not subs Check at least one box in each row (skip for Size 4 Coastal Plain Streams and Tidal Marsh Streams). Not Presei absent, Rare (R) = present but < 10%, Common (C) = > 10-40%, Abundant (A) _ > 40-70%, Predominant (P) _ > 70%. percentages should not exceed 100% for each assessment reach. NP R C A P r F, E, E, E, Bedrock/saprolite Boulder (256 — 4096 mm) Cobble (64 — 256 mm) Gravel (2 — 64 mm) Sand (.062 - 2 mm) Silt/clay (< 0.062 mm) Detritus Artificial (rip -rap, concrete, etc.) L ' L A Are pools filled with sediment? (skip for Size 4 Coastal Plain streams and Tidal Marsh Stream., 12. Aquatic Life - assessment reach metric (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams) 12a. `.Yes ` 'No Was an in -stream aquatic life assessment performed as described in the User Manual? If No, select one of the following reasons and skip to Metric 13. ` ]No Water ` 'Other: 12b.' Yes ''No Are aquatic organisms present in the assessment reach (look in riffles, pools, then snags)? If Yes all that apply. If No, skip to Metric 13. 1 >1 Numbers over columns refer to "individuals" for size 1 and 2 streams and "taxa" for size 3 and 4 streams. r (-,/Adultfrogs r- rAquatic reptiles rAquatic macrophytes and aquatic mosses (include liverworts, lichens, and algal mats) Beetles (including water pennies) r- r7- Caddisfly larvae (Trichoptera [T]) rAsian clam (Corbicula) Crustacean (isopod/am phi pod/crayfish/shrim p) F7 Damselfly and dragonfly larvae r- F.75 Dipterans (true flies) r F- Mayfly larvae (Ephemeroptera [E]) r F- Megaloptera (alderfly, fishfly, dobsonfly larvae) r-.- Midges/mosquito larvae r- r7e Mosquito fish (Gambusia) or mud minnows (Umbra pygmaea) Mussels/Clams (not Corbicula) Other fish r- r7e Salamanders/tadpoles Snails Stonefly larvae (Plecoptera [P]) r- rTipulid larvae r- r-Worms/leeches 13. Streamside Area Ground Surface Condition - streamside area metric (skip for Tidal Marsh Streams and B valley type Consider for the Left Bank (LB) and the Right Bank (RB). Consider storage capacity with regard to both overbank flow an upland runoff. LB RB A ,A Little or no alteration to water storage capacity over a majority of the streamside area B Z, B Moderate alteration to water storage capacity over a majority of the streamside area C ,C Severe alteration to water storage capacity over a majority of the streamside area (examples include: ditches soil, compaction, livestock disturbance, buildings, man-made levees, drainage pipes) 14. Streamside Area Water Storage - streamside area metric (skip for Size 1 streams, Tidal Marsh Streams, and B valley Consider for the Left Bank (LB) and the Right Bank (RB) of the streamside area. LB RB A ,A Majority of streamside area with depressions able to pond water >_ 6 inches deep B , B Majority of streamside area with depressions able to pond water 3 to 6 inches deep C Z*-,C Majority of streamside area with depressions able to pond water < 3 inches deep 15. Wetland Presence - streamside area metric (skip for Tidal Marsh Streams) Consider for the Left Bank (LB) and the Right Bank (RB). Do not consider wetlands outside of the streamside area or wit[ normal wetted perimeter of assessment reach. LB RB r: Y r: Y Are wetlands present in the streamside area? r '9N r '9N �A �A 16. Baseflow Contributors -assessment reach metric (skip for size 4 streams and Tidal Marsh Streams) Check all contributors within the assessment reach or within view of and draining to the assessment reach. rA Streams and/or springs (jurisdictional discharges) F- B Ponds (include wet detention basins; do not include sediment basins or dry detention basins) F- C Obstruction that passes some flow during low -flow periods within assessment area (beaver dam, bottom -release dam F- D Evidence of bank seepage or sweating (iron oxidizing bacteria in water indicates seepage) F- E Stream bed or bank soil reduced (dig through deposited sediment if present) 7 F None of the above 17. Baseflow Detractors - assessment area metric (skip for Tidal Marsh Streams) Check all that apply. A .7vidence of substantial water withdrawals from the assessment reach (includes areas excavated for pump installatior F— B Obstruction not passing flow during low flow periods affecting the assessment reach (ex: watertight dam, sediment di F C Urban stream (>> 24% impervious surface for watershed) F— D Evidence that the stream -side area has been modified resulting in accelerated drainage into the assessment reach F— E Assessment reach relocated to valley edge f7 F None of the above 18. Shading — assessment reach metric (skip for Tidal Marsh Streams) Consider aspect. Consider "leaf -on" condition. ` .,A Stream shading is appropriate for stream category (may include gaps associated with natural processes) ` AB Degraded (example: scattered trees) ` 'C Stream shading is gone or largely absent 19. Buffer Width — streamside area metric (skip for Tidal Marsh Streams) Consider "vegetated buffer" and "wooded buffer" separately for left bank (LB) and right bank (RB) starting at the top of bank out to the first break. Vegetated Wooded LB RB LB RB r�A r�A r�A r�A >_ 100-feet wide or extends to the edge of the watershed B B B B From 50 to < 100-feet wide C C C C From 30 to < 50-feet wide D D D D From 10 to < 30-feet wide E E E E < 10-feet wide or no trees 20. Buffer Structure — streamside area metric (skip for Tidal Marsh Streams) Consider for left bank (LB) and right bank (RB) for Metric 19 ("Vegetated" Buffer Width). LB RB ,:�A r: A Mature forest e ]B r.B Non -mature woody vegetation or modified vegetation structure C C Herbaceous vegetation with or without a strip of trees < 10 feet wide D D Maintained shrubs E E Little or no vegetation 21. Buffer Stressors — streamside area metric (skip for Tidal Marsh Streams) Check all appropriate boxes for left bank (LB) and right bank (RB). Indicate if listed stressor abuts stream (Abuts), does is within 30 feet of stream (< 30 feet), or is between 30 to 50 feet of stream (30-50 feet). If none of the following stressors occurs on either bank, check here and skip to Metric 22: r Abuts < 30 feet 30-50 feet LB RB LB RB LB RB A A A ,A r.,A r.,A Row crops `A 'B r,B r,B �B �B Maintained turf ` 'C C ,C AC C Pasture (no livestock)/commercial horticulture ` ' D D , D D r., D Pasture (active livestock use) 22. Stem Density — streamside area metric (skip for Tidal Marsh Streams) Consider for left bank (LB) and right bank (RB) for Metric 19 ("Wooded" Buffer Width). LB RB `+'A `.,A Medium to high stem density ` �B ` �B Low stem density ` AC ` AC No wooded riparian buffer or predominantly herbaceous species or bare ground 23. Continuity of Vegetated Buffer— streamside area metric (skip for Tidal Marsh Streams) Consider whether vegetated buffer is continuous along stream (parallel). Breaks are areas lacking vegetation > 10-feet wide. LB RB A ,A The total length of buffer breaks is < 25 percent. B ,B The total length of buffer breaks is between 25 and 50 percent. C r—,C The total length of buffer breaks is > 50 percent. 24. Vegetative Composition — First 100 feet of streamside area metric (skip for Tidal Marsh Streams) Evaluate the dominant vegetation within 100 feet of each bank or to the edge of the watershed (whichever comes first) as it cc to assessment reach habitat. LB RB r: A MA Vegetation is close to undisturbed in species present and their proportions. Lower strata composed of nati species, with non-native invasive species absent or sparse. B rB Vegetation indicates disturbance in terms of species diversity or proportions, but is still largely composed c species. This may include communities of weedy native species that develop after clear -cutting or clearin( communities with non-native invasive species present, but not dominant, over a large portion of the expect communities missing understory but retaining canopy trees. C C Vegetation is severely disturbed in terms of species diversity or proportions. Mature canopy is absent or c with non-native invasive species dominant over a large portion of expected strata or communities compose stands of non -characteristic species or communities inappropriately composed of a single species or no ve 25. Conductivity — assessment reach metric (skip for all Coastal Plain streams) 25a. ` 'Yes `+]No Was a conductivity measurement recorded? If No, select one of the following reasons.No Water Other: Check the box L. ding to the conductivity measurement (units of microsiemens per centimeter). A <46 46 to < 67 C 67 to < 79 D 79 to < 230 E ? 230 Notes/Sketch: Draft NC SAM Stream Rating Sheet Accompanies User Manual Version 1 Rating Calculator Version 1 Stream Site Name North Creek Village Phase II Date of Evaluation J2/08/2023 and 03/08/2022 Stream Category Pa2 Assessor Name/Organization Atlas Environmental Notes of Field Assessment Form (Y/N) NO Presence of regulatory considerations (Y/N) NO Additional stream information/supplementary measurements included (Y/N) NO NC SAM feature type (perennial, intermittent, Tidal Marsh Stream) Intermittent Function Class Rating Summary USACE/ All Streams NCDWR Intermittent (1) Hydrology (2) Baseflow (2) Flood Flow (3) Streamside Area Attenuation (4) Floodplain Access (4) Wooded Riparian Buffer (4) Microtopography (3) Stream Stability (4) Channel Stability (4) Sediment Transport (4) Stream Geomorphology (2) Stream/Intertidal Zone Interaction (2) Longitudinal Tidal Flow (2) Tidal Marsh Stream Stability (3) Tidal Marsh Channel Stability (3) Tidal Marsh Stream Geomorphology LOW HIGH LOW MEDIUM MEDIUM MEDIUM LOW LOW MEDIUM LOW MEDIUM NA NA NA NA NA LOW HIGH LOW MEDIUM MEDIUM MEDIUM LOW LOW MEDIUM LOW MEDIUM NA NA NA NA NA (1) Water Quality (2) Baseflow (2) Streamside Area Vegetation (3) Upland Pollutant Filtration (3) Thermoregulation (2) Indicators of Stressors (2) Aquatic Life Tolerance (2) Intertidal Zone Filtration HIGH HIGH HIGH HIGH HIGH NO HIGH NA HIGH HIGH HIGH HIGH HIGH NO NA NA (1) Habitat (2) In -stream Habitat LOW LOW LOW LOW (1)Habitat (2) In -stream Habitat (3) Baseflow (3) Substrate (3) Stream Stability (3) In -stream Habitat (2) Stream -side Habitat (3) Stream -side Habitat (3) Therm o reg u I ati o n (2) Tidal Marsh In -stream Habitat (3) Flow Restriction (3) Tidal Marsh Stream Stability (4) Tidal Marsh Channel Stability (4) Tidal Marsh Stream Geomorphology (3) Tidal Marsh In -stream Habitat (2) Intertidal Zone Habitat LOW LOW HIGH LOW MEDIUM MEDIUM HIGH MEDIUM HIGH NA NA NA NA NA NA NA LOW LOIN HIGH LOIN MEDIUM MEDIUM HIGH MEDIUM HIGH INA NA NA NA NA NA NA Overall LOW LOW NC SAM FIELD ASSESSMENT FORM Accompanies User Manual Version 2 Rating Calculator Version 2 INSTRUCTIONS: Attach a sketch of the assessment area and photographs. Attach a copy of the USGS 7.5- quadrangle, and circle the location of the stream reach under evaluation. If multiple stream reaches will be evalu; property, identify and number all reaches on the attached map, and include a separate form for each reach. See I Manual for detailed descriptions and explanations of requested information. Record in the "Notes/Sketch" section if any suppleme measurements were performed. See the NC SAM User Manual for examples of additional measurements that may be relevant. NOTE EVIDENCE OF STRESSORS AFFECTING THE ASSESSMENT AREA (do not need to be within the assessment area) PROJECT 1 SITE INFORMATION: 1. Project name (if any): North Creek Village Phase II 2. Date of evaluation: 02/08/2023 and 03/08/2023 3. Applicant/owner name: Magnolia Huntersville II LLC 4. Assessor name/organization: Atlas Environments 5. County: Mecklenburg 6. Nearest named water body 7. River Basin: Yadkin-PeeDee on USGS 7.5-minute quad: Ramah Creek 8. Site coordinates (decimal degrees, at lower end of assessment reach): 35.44869,-80.80209 STREAM INFORMATION: (depth and width can be approximations) 9. Site number (show on attached map): CH 300 10. Length of assessment reach evaluated (feet): 47 11. Channel depth from bed (in riffle, if present) to top of bank (feet): 2 J- Unable to assess channi 12. Channel width at top of bank (feet): 3 13. Is assessment reach a swamp stream? ` I 14. Feature type: ` Perennial flow `.Intermittent flow Tidal Marsh Stream STREAM RATING INFORMATION: 15. NC SAM Zone: —Mountains (M) `.Piedmont (P) Inner Coastal Plain (I) ` 'Outer 16. Estimated geomorphic \ / valley shape (skip for: a b Tidal Marsh Stream): (more sinuous stream, flatter valley slope) (less sinuous stream, steeper va 17. Watershed size: (skip r.Size 1 (< 0.1 miz) r: Size 2 (0.1 to < 0.5 miz) ` 'Size 3 (0.5 to < 5 miz) ` for Tidal Marsh Stream) ADDITIONAL INFORMATION: 18. Were regulatory considerations evaluated? `.Yes ` 'No If Yes, check all that appy to the assessment area. Section 10 water r Classified Trout Waters i Water Supply Watershed ( ` , I ` -911 F7 Essential Fish Habitat r Primary Nursery Area High Quality Waters/Outstanding Resource W Publicly owned property r NCDWR riparian buffer rule in effect r Nutrient Sensitive Waters Anadromous fish F- 303(d) List F- CAMA Area of Environmental Concern (AEC) Documented presence of a federal and/or state listed protected species within the assessment area. List species: r Designated Critical Habitat (list species): 19. Are additional stream information/supplementary measurements included in "Notes/Sketch" section or attached? 1. Channel Water - assessment reach metric (skip for Size 1 streams and Tidal Marsh Streams) 'A Water throughout assessment reach. ,.]B No flow, water in pools only. r'C No water in assessment reach. �A 2. Evidence of Flow Restriction - assessment reach metric ` .,A At least 10% of assessment reach in -stream habitat or riffle -pool sequence is adversely affected by a flow restriction c point of obstructing flow or a channel choked with aquatic macrophytes or ponded water or impounded on flood or eb the assessment reach (examples: undersized or perched culverts, causeways that constrict the channel, tidal gates). rB Not 3. Feature Pattern - assessment reach metric r-,A A majority of the assessment reach has altered pattern (examples: straightening, modification above or below culvert; r B Not A. 4. Feature Longitudinal Profile - assessment reach metric `«]A Majority of assessment reach has a substantially altered stream profile (examples: channel down -cutting, existing dar over widening, active aggradation, dredging, and excavation where appropriate channel profile has not reformed from these disturbances). r'B Not �A 5. Signs of Active Instability - assessment reach metric Consider only current instability, not past events from which the stream has currently recovered. Examples of instabi active bank failure, active channel down -cutting (head -cut), active widening, and artificial hardening (such as concrete, gabior rl�A < 10% of channel unstable B 10 to 25% of channel unstable C > 25% of channel unstable 6. Streamside Area Interaction — streamside area metric Consider for the Left Bank (LB) and the Right Bank (RB). LB RB A ,A Little or no evidence of conditions that adversely affect reference interaction B ,B Moderate evidence of conditions (examples: berms, levees, down -cutting, aggradation, dredging) that advers reference interaction (examples: limited streamside area access, disruption of flood flows through streamside leaky or intermittent bulkheads, causeways with floodplain constriction, minor ditching [including mosquito ditl C ,C Extensive evidence of conditions that adversely affect reference interaction (little to no floodplain/intertidal zoi [examples: causeways with floodplain and channel constriction, bulkheads, retaining walls, fill, stream incisioi disruption of flood flows through streamside area] or too much floodplain/intertidal zone access [examples: impoundments, intensive mosquito ditching]) or floodplain/intertidal zone unnaturally absent or assessment re man-made feature on an interstream divide 7. Water Quality Stressors — assessment reach/intertidal zone metric Check all that apply. F—A Discolored water in stream or intertidal zone (milky white, blue, unnatural water discoloration, oil sheen, stream foam) F— B Excessive sedimentation (burying of stream features or intertidal zone) F— C Noticeable evidence of pollutant discharges entering the assessment reach and causing a water quality problem F— D Odor (not including natural sulfide odors) F— E Current published or collected data indicating degraded water quality in the assessment reach. Cite source in the "Nc section. F— F Livestock with access to stream or intertidal zone F— G Excessive algae in stream or intertidal zone F— H Degraded marsh vegetation in the intertidal zone (removal, burning, regular mowing, destruction, etc.) F— I Other: (explain in "Notes/Sketch" section) F7 J Little to no stressors 8. Recent Weather —watershed metric For Size 1 or 2 streams, D1 drought or higher is considered a drought; for Size 3 or 4 streams, D2 drought or higher is consid drought. r�A Drought conditions and no rainfall or rainfall not exceeding 1 inch within the last 48 hours r�B Drought conditions and rainfall exceeding 1 inch within the last 48 hours r+ C No drought conditions 9 Large or Dangerous Stream — assessment reach metric .,Yes No Is stream is too large or dangerous to assess? If Yes, skip to Metric 13 (Streamside Area Ground Si 10. Natural In -stream Habitat Types —assessment reach metric 10a. ro.,Yes No Degraded in -stream habitat over majority of the assessment reach (examples of stressors include sedimentation, mining, excavation, in -stream hardening [for example, rip -rap], recent dredging, ani (evaluate for size 4 Coastal Plain streams only, then skip to Metric 12) 10b. Check all that occur (occurs if > 5% coverage of assessment reach) (skip for Size 4 Coastal Plain streams) r—A Multiple aquatic macrophytes and aquatic mosses N I- F 5% oysters or other natural hard bo (include liverworts, lichens, and algal mats) � F G Submerged aquatic vegetation F 7- B Multiple sticks and/or leaf packs and/or emergent o N - F— H Low -tide refugia (pools) vegetation N 0 1 Sand bottom F7 C Multiple snags and logs (including lap trees) m F—J 5% vertical bank along the marsh F 77 D 5% undercut banks and/or root mats and/or roots v F— K Little or no habitat in banks extend to the normal wetted perimeter F— E Little or no habitat *********** REMAINING QUESTIONS ARE NOT APPLICABLE FOR TIDAL MARSH STREAMS-- 11. Bedform and Substrate —assessment reach metric (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams) 11 a. r.Yes r: No Is assessment reach in a natural sand -bed stream? (skip for Coastal Plain streams) 11 b. Bedform evaluated. Check the appropriate box(es). r7A Riffle -run section (evaluate 11c) B Pool -glide section (evaluate 11d) r C Natural bedform absent (skip to Metric 12, Aquatic Life) 11 c. In riffles sections, check all that occur below the normal wetted perimeter of the assessment reach — whether or not subs Check at least one box in each row (skip for Size 4 Coastal Plain Streams and Tidal Marsh Streams). Not Presei absent, Rare (R) = present but < 10%, Common (C) = > 10-40%, Abundant (A) _ > 40-70%, Predominant (P) _ > 70%. percentages should not exceed 100% for each assessment reach. NP R C A P r F, E, E, E, Bedrock/saprolite Boulder (256 — 4096 mm) Cobble (64 — 256 mm) Gravel (2 — 64 mm) Sand (.062 — 2 mm) Silt/clay (< 0.062 mm) Detritus Artificial (rip -rap, concrete, etc.) Are pools filled with sediment? (skip for Size 4 Coastal Plain streams and Tidal Marsh Stream., 12. Aquatic Life — assessment reach metric (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams) 12a. `.Yes ` 'No Was an in -stream aquatic life assessment performed as described in the User Manual? If No, select one of the following reasons and skip to Metric 13. ` ]No Water ` 'Other: 12b.' Yes ''No Are aquatic organisms present in the assessment reach (look in riffles, pools, then snags)? If Yes all that apply. If No, skip to Metric 13. 1 >1 Numbers over columns refer to "individuals" for size 1 and 2 streams and "taxa" for size 3 and 4 streams. r (—Adult frogs r— r—Aquatic reptiles Aquatic macrophytes and aquatic mosses (include liverworts, lichens, and algal mats) Beetles (including water pennies) r 77 r— Caddisfly larvae (Trichoptera [T]) Asian clam (Corbicula) Crustacean (isopod/am phi pod/crayfish/shrim p) Damselfly and dragonfly larvae Dipterans (true flies) r 77 r— Mayfly larvae (Ephemeroptera [E]) Megaloptera (alderfly, fishfly, dobsonfly larvae) Midges/mosquito larvae Mosquito fish (Gambusia) or mud minnows (Umbra pygmaea) Mussels/Clams (not Corbicula) Other fish Salamanders/tadpoles Snails Stonefly larvae (Plecoptera [P]) r— r—Tipulid larvae r— r—Worms/leeches 13. Streamside Area Ground Surface Condition — streamside area metric (skip for Tidal Marsh Streams and B valley type Consider for the Left Bank (LB) and the Right Bank (RB). Consider storage capacity with regard to both overbank flow an upland runoff. LB RB A ,A Little or no alteration to water storage capacity over a majority of the streamside area B Z, B Moderate alteration to water storage capacity over a majority of the streamside area C ,C Severe alteration to water storage capacity over a majority of the streamside area (examples include: ditches soil, compaction, livestock disturbance, buildings, man-made levees, drainage pipes) 14. Streamside Area Water Storage — streamside area metric (skip for Size 1 streams, Tidal Marsh Streams, and B valley Consider for the Left Bank (LB) and the Right Bank (RB) of the streamside area. LB RB A ,A Majority of streamside area with depressions able to pond water >_ 6 inches deep B , B Majority of streamside area with depressions able to pond water 3 to 6 inches deep C Z*-,C Majority of streamside area with depressions able to pond water < 3 inches deep 15. Wetland Presence — streamside area metric (skip for Tidal Marsh Streams) Consider for the Left Bank (LB) and the Right Bank (RB). Do not consider wetlands outside of the streamside area or wit[ normal wetted perimeter of assessment reach. LB RB Y r.Y Are wetlands present in the streamside area? r+� N -:� N 16. Baseflow Contributors —assessment reach metric (skip for size 4 streams and Tidal Marsh Streams) Check all contributors within the assessment reach or within view of and draining to the assessment reach. F—A Streams and/or springs (jurisdictional discharges) F— B Ponds (include wet detention basins; do not include sediment basins or dry detention basins) F— C Obstruction that passes some flow during low -flow periods within assessment area (beaver dam, bottom -release dam F— D Evidence of bank seepage or sweating (iron oxidizing bacteria in water indicates seepage) F— E Stream bed or bank soil reduced (dig through deposited sediment if present) 7 F None of the above 17. Baseflow Detractors — assessment area metric (skip for Tidal Marsh Streams) Check all that apply. A .7vidence of substantial water withdrawals from the assessment reach (includes areas excavated for pump installatior F— B Obstruction not passing flow during low flow periods affecting the assessment reach (ex: watertight dam, sediment di F C Urban stream (>> 24% impervious surface for watershed) F— D Evidence that the stream -side area has been modified resulting in accelerated drainage into the assessment reach F— E Assessment reach relocated to valley edge f7 F None of the above 18. Shading — assessment reach metric (skip for Tidal Marsh Streams) Consider aspect. Consider "leaf -on" condition. ` .,A Stream shading is appropriate for stream category (may include gaps associated with natural processes) ` AB Degraded (example: scattered trees) ` 'C Stream shading is gone or largely absent 19. Buffer Width — streamside area metric (skip for Tidal Marsh Streams) Consider "vegetated buffer" and "wooded buffer" separately for left bank (LB) and right bank (RB) starting at the top of bank out to the first break. Vegetated Wooded LB RB LB RB r�A r�A r�A r�A >_ 100-feet wide or extends to the edge of the watershed B B B B From 50 to < 100-feet wide C C C C From 30 to < 50-feet wide D D D D From 10 to < 30-feet wide E E E E < 10-feet wide or no trees 20. Buffer Structure — streamside area metric (skip for Tidal Marsh Streams) Consider for left bank (LB) and right bank (RB) for Metric 19 ("Vegetated" Buffer Width). LB RB ,:�A r: A Mature forest e ]B r.B Non -mature woody vegetation or modified vegetation structure C C Herbaceous vegetation with or without a strip of trees < 10 feet wide D D Maintained shrubs E E Little or no vegetation 21. Buffer Stressors — streamside area metric (skip for Tidal Marsh Streams) Check all appropriate boxes for left bank (LB) and right bank (RB). Indicate if listed stressor abuts stream (Abuts), does is within 30 feet of stream (< 30 feet), or is between 30 to 50 feet of stream (30-50 feet). If none of the following stressors occurs on either bank, check here and skip to Metric 22: r Abuts < 30 feet 30-50 feet LB RB LB RB LB RB A A A ,A r.,A r.,A Row crops `A 'B r,B r,B �B �B Maintained turf ` 'C C ,C AC C Pasture (no livestock)/commercial horticulture ` ' D D , D D r., D Pasture (active livestock use) 22. Stem Density — streamside area metric (skip for Tidal Marsh Streams) Consider for left bank (LB) and right bank (RB) for Metric 19 ("Wooded" Buffer Width). LB RB `+'A `.,A Medium to high stem density ` �B ` �B Low stem density ` AC ` AC No wooded riparian buffer or predominantly herbaceous species or bare ground 23. Continuity of Vegetated Buffer— streamside area metric (skip for Tidal Marsh Streams) Consider whether vegetated buffer is continuous along stream (parallel). Breaks are areas lacking vegetation > 10-feet wide. LB RB A ,A The total length of buffer breaks is < 25 percent. B ,B The total length of buffer breaks is between 25 and 50 percent. C r—,C The total length of buffer breaks is > 50 percent. 24. Vegetative Composition — First 100 feet of streamside area metric (skip for Tidal Marsh Streams) Evaluate the dominant vegetation within 100 feet of each bank or to the edge of the watershed (whichever comes first) as it cc to assessment reach habitat. LB RB r: A MA Vegetation is close to undisturbed in species present and their proportions. Lower strata composed of nati species, with non-native invasive species absent or sparse. B rB Vegetation indicates disturbance in terms of species diversity or proportions, but is still largely composed c species. This may include communities of weedy native species that develop after clear -cutting or clearin( communities with non-native invasive species present, but not dominant, over a large portion of the expect communities missing understory but retaining canopy trees. C C Vegetation is severely disturbed in terms of species diversity or proportions. Mature canopy is absent or c with non-native invasive species dominant over a large portion of expected strata or communities compose stands of non -characteristic species or communities inappropriately composed of a single species or no ve 25. Conductivity — assessment reach metric (skip for all Coastal Plain streams) 25a. ` 'Yes `+]No Was a conductivity measurement recorded? If No, select one of the following reasons.No Water Other: Check the box L. ding to the conductivity measurement (units of microsiemens per centimeter). A <46 46 to < 67 C 67 to < 79 D 79 to < 230 E ? 230 Notes/Sketch: Draft NC SAM Stream Rating Sheet Accompanies User Manual Version 1 Rating Calculator Version 1 Stream Site Name North Creek Village Phase II Date of Evaluation J2/08/2023 and 03/08/2022 Stream Category Pa2 Assessor Name/Organization Atlas Environmental Notes of Field Assessment Form (Y/N) NO Presence of regulatory considerations (Y/N) NO Additional stream information/supplementary measurements included (Y/N) NO NC SAM feature type (perennial, intermittent, Tidal Marsh Stream) Intermittent Function Class Rating Summary USACE/ All Streams NCDWR Intermittent (1) Hydrology (2) Baseflow (2) Flood Flow (3) Streamside Area Attenuation (4) Floodplain Access (4) Wooded Riparian Buffer (4) Microtopography (3) Stream Stability (4) Channel Stability (4) Sediment Transport (4) Stream Geomorphology (2) Stream/Intertidal Zone Interaction (2) Longitudinal Tidal Flow (2) Tidal Marsh Stream Stability (3) Tidal Marsh Channel Stability (3) Tidal Marsh Stream Geomorphology LOW HIGH LOW MEDIUM MEDIUM MEDIUM LOW LOW MEDIUM LOW MEDIUM NA NA NA NA NA LOW HIGH LOW MEDIUM MEDIUM MEDIUM LOW LOW MEDIUM LOW MEDIUM NA NA NA NA NA (1) Water Quality (2) Baseflow (2) Streamside Area Vegetation (3) Upland Pollutant Filtration (3) Thermoregulation (2) Indicators of Stressors (2) Aquatic Life Tolerance (2) Intertidal Zone Filtration HIGH HIGH MEDIUM MEDIUM HIGH NO HIGH NA HIGH HIGH MEDIUM MEDIUM HIGH NO NA NA (1) Habitat (2) In -stream Habitat LOW LOW LOW LOW (2) In -stream Habitat C3) Basetlow (3) Substrate C3) Stream Stability C3) In -stream Habitat (2) Stream -side Habitat (3) Stream -side Habitat C3) Th erma reg u latia n (2) Tidal Marsh In -stream Habitat C3) Flow Restriction (3}Tidal Marsh Stream Stability (4) Tidal Marsh Channel Stability (4)Tidal Marsh Stream -Geomorphology Ca} Tidal I'Aarsh In stream Habitat (2) IntertidaIZane Habitat LOW LOW HIGH HIGH LOW LOW MEDIUM MEDIUM MEDIUM MEDIUM HIGH HIGH MEDIUM MEDIUM H[ H HIGH NA NA NA NA NA NA NA NA NA NA NA NA NA NA Overall LOW I LOW NC SAM FIELD ASSESSMENT FORM Accompanies User Manual Version 2 Rating Calculator Version 2 INSTRUCTIONS: Attach a sketch of the assessment area and photographs. Attach a copy of the USGS 7.5- quadrangle, and circle the location of the stream reach under evaluation. If multiple stream reaches will be evalu; property, identify and number all reaches on the attached map, and include a separate form for each reach. See I Manual for detailed descriptions and explanations of requested information. Record in the "Notes/Sketch" section if any suppleme measurements were performed. See the NC SAM User Manual for examples of additional measurements that may be relevant. NOTE EVIDENCE OF STRESSORS AFFECTING THE ASSESSMENT AREA (do not need to be within the assessment area) PROJECT 1 SITE INFORMATION: 1. Project name (if any): North Creek Village Phase II 2. Date of evaluation: 02/08/2023 and 03/08/2023 3. Applicant/owner name: Magnolia Huntersville II LLC 4. Assessor name/organization: Atlas Environments 5. County: Mecklenburg 6. Nearest named water body 7. River Basin: Yadkin-PeeDee on USGS 7.5-minute quad: Ramah Creek 8. Site coordinates (decimal degrees, at lower end of assessment reach): 35.44869,-80.80209 STREAM INFORMATION: (depth and width can be approximations) 9. Site number (show on attached map): CH 400 10. Length of assessment reach evaluated (feet): 56 11. Channel depth from bed (in riffle, if present) to top of bank (feet): 4 J- Unable to assess channi 12. Channel width at top of bank (feet): 3 13. Is assessment reach a swamp stream? ` I 14. Feature type: ` Perennial flow `.Intermittent flow Tidal Marsh Stream STREAM RATING INFORMATION: 15. NC SAM Zone: —Mountains (M) `.Piedmont (P) Inner Coastal Plain (I) ` 'Outer 16. Estimated geomorphic \ / valley shape (skip for: a b Tidal Marsh Stream): (more sinuous stream, flatter valley slope) (less sinuous stream, steeper va 17. Watershed size: (skip r.Size 1 (< 0.1 miz) r: Size 2 (0.1 to < 0.5 miz) ` 'Size 3 (0.5 to < 5 miz) ` for Tidal Marsh Stream) ADDITIONAL INFORMATION: 18. Were regulatory considerations evaluated? `.Yes ` 'No If Yes, check all that appy to the assessment area. Section 10 water r Classified Trout Waters i Water Supply Watershed ( ` , I ` -911 F7 Essential Fish Habitat r Primary Nursery Area High Quality Waters/Outstanding Resource W Publicly owned property r NCDWR riparian buffer rule in effect r Nutrient Sensitive Waters Anadromous fish F- 303(d) List F- CAMA Area of Environmental Concern (AEC) Documented presence of a federal and/or state listed protected species within the assessment area. List species: r Designated Critical Habitat (list species): 19. Are additional stream information/supplementary measurements included in "Notes/Sketch" section or attached? 1. Channel Water - assessment reach metric (skip for Size 1 streams and Tidal Marsh Streams) +]A Water throughout assessment reach. '4B No flow, water in pools only. r'C No water in assessment reach. �A 2. Evidence of Flow Restriction - assessment reach metric ` .,A At least 10% of assessment reach in -stream habitat or riffle -pool sequence is adversely affected by a flow restriction c point of obstructing flow or a channel choked with aquatic macrophytes or ponded water or impounded on flood or eb the assessment reach (examples: undersized or perched culverts, causeways that constrict the channel, tidal gates). rB Not 3. Feature Pattern - assessment reach metric r-,A A majority of the assessment reach has altered pattern (examples: straightening, modification above or below culvert; r B Not A. 4. Feature Longitudinal Profile - assessment reach metric `«]A Majority of assessment reach has a substantially altered stream profile (examples: channel down -cutting, existing dar over widening, active aggradation, dredging, and excavation where appropriate channel profile has not reformed from these disturbances). r'B Not �A 5. Signs of Active Instability - assessment reach metric Consider only current instability, not past events from which the stream has currently recovered. Examples of instabi active bank failure, active channel down -cutting (head -cut), active widening, and artificial hardening (such as concrete, gabior rl�A < 10% of channel unstable B 10 to 25% of channel unstable C > 25% of channel unstable 6. Streamside Area Interaction — streamside area metric Consider for the Left Bank (LB) and the Right Bank (RB). LB RB A ,A Little or no evidence of conditions that adversely affect reference interaction B ,B Moderate evidence of conditions (examples: berms, levees, down -cutting, aggradation, dredging) that advers reference interaction (examples: limited streamside area access, disruption of flood flows through streamside leaky or intermittent bulkheads, causeways with floodplain constriction, minor ditching [including mosquito ditl C ,C Extensive evidence of conditions that adversely affect reference interaction (little to no floodplain/intertidal zoi [examples: causeways with floodplain and channel constriction, bulkheads, retaining walls, fill, stream incisioi disruption of flood flows through streamside area] or too much floodplain/intertidal zone access [examples: impoundments, intensive mosquito ditching]) or floodplain/intertidal zone unnaturally absent or assessment re man-made feature on an interstream divide 7. Water Quality Stressors — assessment reach/intertidal zone metric Check all that apply. F—A Discolored water in stream or intertidal zone (milky white, blue, unnatural water discoloration, oil sheen, stream foam) F— B Excessive sedimentation (burying of stream features or intertidal zone) F— C Noticeable evidence of pollutant discharges entering the assessment reach and causing a water quality problem F— D Odor (not including natural sulfide odors) F— E Current published or collected data indicating degraded water quality in the assessment reach. Cite source in the "Nc section. F— F Livestock with access to stream or intertidal zone F— G Excessive algae in stream or intertidal zone F— H Degraded marsh vegetation in the intertidal zone (removal, burning, regular mowing, destruction, etc.) F— I Other: (explain in "Notes/Sketch" section) F7 J Little to no stressors 8. Recent Weather —watershed metric For Size 1 or 2 streams, D1 drought or higher is considered a drought; for Size 3 or 4 streams, D2 drought or higher is consid drought. r�A Drought conditions and no rainfall or rainfall not exceeding 1 inch within the last 48 hours r�B Drought conditions and rainfall exceeding 1 inch within the last 48 hours r+ C No drought conditions 9 Large or Dangerous Stream — assessment reach metric .,Yes No Is stream is too large or dangerous to assess? If Yes, skip to Metric 13 (Streamside Area Ground Si 10. Natural In -stream Habitat Types —assessment reach metric 10a. ro.,Yes No Degraded in -stream habitat over majority of the assessment reach (examples of stressors include sedimentation, mining, excavation, in -stream hardening [for example, rip -rap], recent dredging, ani (evaluate for size 4 Coastal Plain streams only, then skip to Metric 12) 10b. Check all that occur (occurs if > 5% coverage of assessment reach) (skip for Size 4 Coastal Plain streams) r—A Multiple aquatic macrophytes and aquatic mosses N I- F 5% oysters or other natural hard bo (include liverworts, lichens, and algal mats) � F G Submerged aquatic vegetation F 7- B Multiple sticks and/or leaf packs and/or emergent o N - F— H Low -tide refugia (pools) vegetation N 0 1 Sand bottom F7 C Multiple snags and logs (including lap trees) m F—J 5% vertical bank along the marsh F 77 D 5% undercut banks and/or root mats and/or roots v F— K Little or no habitat in banks extend to the normal wetted perimeter F— E Little or no habitat *********** REMAINING QUESTIONS ARE NOT APPLICABLE FOR TIDAL MARSH STREAMS-- 11. Bedform and Substrate —assessment reach metric (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams) 11 a. r.Yes r: No Is assessment reach in a natural sand -bed stream? (skip for Coastal Plain streams) 11 b. Bedform evaluated. Check the appropriate box(es). r7A Riffle -run section (evaluate 11c) B Pool -glide section (evaluate 11d) r C Natural bedform absent (skip to Metric 12, Aquatic Life) 11 c. In riffles sections, check all that occur below the normal wetted perimeter of the assessment reach — whether or not subs Check at least one box in each row (skip for Size 4 Coastal Plain Streams and Tidal Marsh Streams). Not Presei absent, Rare (R) = present but < 10%, Common (C) = > 10-40%, Abundant (A) _ > 40-70%, Predominant (P) _ > 70%. percentages should not exceed 100% for each assessment reach. NP R C A P r F, E, E, E, Bedrock/saprolite Boulder (256 — 4096 mm) Cobble (64 — 256 mm) Gravel (2 — 64 mm) Sand (.062 — 2 mm) Silt/clay (< 0.062 mm) Detritus Artificial (rip -rap, concrete, etc.) Are pools filled with sediment? (skip for Size 4 Coastal Plain streams and Tidal Marsh Stream., 12. Aquatic Life — assessment reach metric (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams) 12a. `.Yes ` 'No Was an in -stream aquatic life assessment performed as described in the User Manual? If No, select one of the following reasons and skip to Metric 13. ` ]No Water ` 'Other: 12b.' Yes ''No Are aquatic organisms present in the assessment reach (look in riffles, pools, then snags)? If Yes all that apply. If No, skip to Metric 13. 1 >1 Numbers over columns refer to "individuals" for size 1 and 2 streams and "taxa" for size 3 and 4 streams. r (—Adult frogs r— r—Aquatic reptiles Aquatic macrophytes and aquatic mosses (include liverworts, lichens, and algal mats) Beetles (including water pennies) Caddisfly larvae (Trichoptera [T]) Asian clam (Corbicula) Crustacean (isopod/am phi pod/crayfish/shrim p) r7e r— Damselfly and dragonfly larvae Dipterans (true flies) Mayfly larvae (Ephemeroptera [E]) Megaloptera (alderfly, fishfly, dobsonfly larvae) Midges/mosquito larvae Mosquito fish (Gambusia) or mud minnows (Umbra pygmaea) Mussels/Clams (not Corbicula) Other fish Salamanders/tadpoles Snails Stonefly larvae (Plecoptera [P]) r— r—Tipulid larvae r— r—Worms/leeches 13. Streamside Area Ground Surface Condition — streamside area metric (skip for Tidal Marsh Streams and B valley type Consider for the Left Bank (LB) and the Right Bank (RB). Consider storage capacity with regard to both overbank flow an upland runoff. LB RB A ,A Little or no alteration to water storage capacity over a majority of the streamside area B Z, B Moderate alteration to water storage capacity over a majority of the streamside area C ,C Severe alteration to water storage capacity over a majority of the streamside area (examples include: ditches soil, compaction, livestock disturbance, buildings, man-made levees, drainage pipes) 14. Streamside Area Water Storage — streamside area metric (skip for Size 1 streams, Tidal Marsh Streams, and B valley Consider for the Left Bank (LB) and the Right Bank (RB) of the streamside area. LB RB A ,A Majority of streamside area with depressions able to pond water >_ 6 inches deep B , B Majority of streamside area with depressions able to pond water 3 to 6 inches deep C Z*-,C Majority of streamside area with depressions able to pond water < 3 inches deep 15. Wetland Presence — streamside area metric (skip for Tidal Marsh Streams) Consider for the Left Bank (LB) and the Right Bank (RB). Do not consider wetlands outside of the streamside area or wit[ normal wetted perimeter of assessment reach. LB RB Y r.Y Are wetlands present in the streamside area? r+� N -:� N 16. Baseflow Contributors —assessment reach metric (skip for size 4 streams and Tidal Marsh Streams) Check all contributors within the assessment reach or within view of and draining to the assessment reach. F—A Streams and/or springs (jurisdictional discharges) F— B Ponds (include wet detention basins; do not include sediment basins or dry detention basins) F— C Obstruction that passes some flow during low -flow periods within assessment area (beaver dam, bottom -release dam F— D Evidence of bank seepage or sweating (iron oxidizing bacteria in water indicates seepage) F— E Stream bed or bank soil reduced (dig through deposited sediment if present) 7 F None of the above 17. Baseflow Detractors — assessment area metric (skip for Tidal Marsh Streams) Check all that apply. A .7vidence of substantial water withdrawals from the assessment reach (includes areas excavated for pump installatior F— B Obstruction not passing flow during low flow periods affecting the assessment reach (ex: watertight dam, sediment di F C Urban stream (>> 24% impervious surface for watershed) F— D Evidence that the stream -side area has been modified resulting in accelerated drainage into the assessment reach F— E Assessment reach relocated to valley edge f7 F None of the above 18. Shading — assessment reach metric (skip for Tidal Marsh Streams) Consider aspect. Consider "leaf -on" condition. ` .,A Stream shading is appropriate for stream category (may include gaps associated with natural processes) ` AB Degraded (example: scattered trees) ` 'C Stream shading is gone or largely absent 19. Buffer Width — streamside area metric (skip for Tidal Marsh Streams) Consider "vegetated buffer" and "wooded buffer" separately for left bank (LB) and right bank (RB) starting at the top of bank out to the first break. Vegetated Wooded LB RB LB RB r�A r�A r�A r�A >_ 100-feet wide or extends to the edge of the watershed B B B B From 50 to < 100-feet wide C C C C From 30 to < 50-feet wide D D D D From 10 to < 30-feet wide E E E E < 10-feet wide or no trees 20. Buffer Structure — streamside area metric (skip for Tidal Marsh Streams) Consider for left bank (LB) and right bank (RB) for Metric 19 ("Vegetated" Buffer Width). LB RB ,:�A r: A Mature forest e ]B r.B Non -mature woody vegetation or modified vegetation structure C C Herbaceous vegetation with or without a strip of trees < 10 feet wide D D Maintained shrubs E E Little or no vegetation 21. Buffer Stressors — streamside area metric (skip for Tidal Marsh Streams) Check all appropriate boxes for left bank (LB) and right bank (RB). Indicate if listed stressor abuts stream (Abuts), does is within 30 feet of stream (< 30 feet), or is between 30 to 50 feet of stream (30-50 feet). If none of the following stressors occurs on either bank, check here and skip to Metric 22: r Abuts < 30 feet 30-50 feet LB RB LB RB LB RB A A A ,A r.,A r.,A Row crops `A 'B r,B r,B �B �B Maintained turf ` 'C C ,C AC C Pasture (no livestock)/commercial horticulture ` ' D D , D D r., D Pasture (active livestock use) 22. Stem Density — streamside area metric (skip for Tidal Marsh Streams) Consider for left bank (LB) and right bank (RB) for Metric 19 ("Wooded" Buffer Width). LB RB `+'A `.,A Medium to high stem density ` �B ` �B Low stem density ` AC ` AC No wooded riparian buffer or predominantly herbaceous species or bare ground 23. Continuity of Vegetated Buffer— streamside area metric (skip for Tidal Marsh Streams) Consider whether vegetated buffer is continuous along stream (parallel). Breaks are areas lacking vegetation > 10-feet wide. LB RB A ,A The total length of buffer breaks is < 25 percent. B ,B The total length of buffer breaks is between 25 and 50 percent. C r—,C The total length of buffer breaks is > 50 percent. 24. Vegetative Composition — First 100 feet of streamside area metric (skip for Tidal Marsh Streams) Evaluate the dominant vegetation within 100 feet of each bank or to the edge of the watershed (whichever comes first) as it cc to assessment reach habitat. LB RB r: A MA Vegetation is close to undisturbed in species present and their proportions. Lower strata composed of nati species, with non-native invasive species absent or sparse. B rB Vegetation indicates disturbance in terms of species diversity or proportions, but is still largely composed c species. This may include communities of weedy native species that develop after clear -cutting or clearin( communities with non-native invasive species present, but not dominant, over a large portion of the expect communities missing understory but retaining canopy trees. C C Vegetation is severely disturbed in terms of species diversity or proportions. Mature canopy is absent or c with non-native invasive species dominant over a large portion of expected strata or communities compose stands of non -characteristic species or communities inappropriately composed of a single species or no ve 25. Conductivity — assessment reach metric (skip for all Coastal Plain streams) 25a. ` 'Yes `+]No Was a conductivity measurement recorded? If No, select one of the following reasons.No Water Other: Check the box L. ding to the conductivity measurement (units of microsiemens per centimeter). A <46 46 to < 67 C 67 to < 79 D 79 to < 230 E ? 230 Notes/Sketch: Draft NC SAM Stream Rating Sheet Accompanies User Manual Version 1 Rating Calculator Version 1 Stream Site Name North Creek Village Phase II Date of Evaluation J2/08/2023 and 03/08/2022 Stream Category Pa2 Assessor Name/Organization Atlas Environmental Notes of Field Assessment Form (Y/N) NO Presence of regulatory considerations (Y/N) NO Additional stream information/supplementary measurements included (Y/N) NO NC SAM feature type (perennial, intermittent, Tidal Marsh Stream) Intermittent Function Class Rating Summary USACE/ All Streams NCDWR Intermittent (1) Hydrology (2) Baseflow (2) Flood Flow (3) Streamside Area Attenuation (4) Floodplain Access (4) Wooded Riparian Buffer (4) Microtopography (3) Stream Stability (4) Channel Stability (4) Sediment Transport (4) Stream Geomorphology (2) Stream/Intertidal Zone Interaction (2) Longitudinal Tidal Flow (2) Tidal Marsh Stream Stability (3) Tidal Marsh Channel Stability (3) Tidal Marsh Stream Geomorphology LOW HIGH LOW MEDIUM MEDIUM MEDIUM LOW LOW MEDIUM LOW MEDIUM NA NA NA NA NA LOW HIGH LOW MEDIUM MEDIUM MEDIUM LOW LOW MEDIUM LOW MEDIUM NA NA NA NA NA (1) Water Quality (2) Baseflow (2) Streamside Area Vegetation (3) Upland Pollutant Filtration (3) Thermoregulation (2) Indicators of Stressors (2) Aquatic Life Tolerance (2) Intertidal Zone Filtration LOW HIGH MEDIUM MEDIUM HIGH NO LOW NA LOW HIGH MEDIUM MEDIUM HIGH NO NA NA (1) Habitat (2) In -stream Habitat LOW LOW LOW LOW C2) In stream Habitat (3) Etasetlow C3) Substrate C3) Stream Stability C3) In -stream Habitat C2) Stream -side Habitat C3) Stream -side Habitat C3) Th ermo reg u latio n C2}Tidal Marsh In -stream Habitat C3) FIDw Restriction C3}Tidal Marsh Stream Stability (4}Tidal Marsh Channel Stability (4)TidaIMarsh Stream Geamorphalagy C3) Tidal Marsh In -stream Habitat (2) IntertidaIZane Habitat LOW LOW HIGH HIGH LOW LOW MEDIUM MEDIUM MEDIUM MEDIUM HIGH HIGH MEDIUM MEDIUM HIGH HIGH NA NA NA NA NA NA NA NA NA NA NA NA NA NA Overall LOW LOW NC SAM FIELD ASSESSMENT FORM Accompanies User Manual Version 2 Rating Calculator Version 2 INSTRUCTIONS: Attach a sketch of the assessment area and photographs. Attach a copy of the USGS 7.5- quadrangle, and circle the location of the stream reach under evaluation. If multiple stream reaches will be evalu; property, identify and number all reaches on the attached map, and include a separate form for each reach. See I Manual for detailed descriptions and explanations of requested information. Record in the "Notes/Sketch" section if any suppleme measurements were performed. See the NC SAM User Manual for examples of additional measurements that may be relevant. NOTE EVIDENCE OF STRESSORS AFFECTING THE ASSESSMENT AREA (do not need to be within the assessment area) PROJECT 1 SITE INFORMATION: 1. Project name (if any): North Creek Village Phase II 2. Date of evaluation: 02/08/2023 and 03/08/2023 3. Applicant/owner name: Magnolia Huntersville II LLC 4. Assessor name/organization: Atlas Environments 5. County: Mecklenburg 6. Nearest named water body 7. River Basin: Yadkin-PeeDee on USGS 7.5-minute quad: Ramah Creek 8. Site coordinates (decimal degrees, at lower end of assessment reach): 35.44932,-80.80197 STREAM INFORMATION: (depth and width can be approximations) 9. Site number (show on attached map): CH 500 10. Length of assessment reach evaluated (feet): 86 11. Channel depth from bed (in riffle, if present) to top of bank (feet): 3 J- Unable to assess channi 12. Channel width at top of bank (feet): 4 13. Is assessment reach a swamp stream? ` I 14. Feature type: ` Perennial flow `.Intermittent flow Tidal Marsh Stream STREAM RATING INFORMATION: 15. NC SAM Zone: —Mountains (M) `.Piedmont (P) Inner Coastal Plain (I) ` 'Outer 16. Estimated geomorphic \ / valley shape (skip for: a b Tidal Marsh Stream): (more sinuous stream, flatter valley slope) (less sinuous stream, steeper va 17. Watershed size: (skip r.Size 1 (< 0.1 miz) r: Size 2 (0.1 to < 0.5 miz) ` 'Size 3 (0.5 to < 5 miz) ` for Tidal Marsh Stream) ADDITIONAL INFORMATION: 18. Were regulatory considerations evaluated? `.Yes ` 'No If Yes, check all that appy to the assessment area. Section 10 water r Classified Trout Waters i Water Supply Watershed ( ` , I ` -911 F7 Essential Fish Habitat r Primary Nursery Area High Quality Waters/Outstanding Resource W Publicly owned property r NCDWR riparian buffer rule in effect r Nutrient Sensitive Waters Anadromous fish F- 303(d) List F- CAMA Area of Environmental Concern (AEC) Documented presence of a federal and/or state listed protected species within the assessment area. List species: r Designated Critical Habitat (list species): 19. Are additional stream information/supplementary measurements included in "Notes/Sketch" section or attached? 1. Channel Water - assessment reach metric (skip for Size 1 streams and Tidal Marsh Streams) 'A Water throughout assessment reach. ,.]B No flow, water in pools only. r'C No water in assessment reach. �A 2. Evidence of Flow Restriction - assessment reach metric ` .,A At least 10% of assessment reach in -stream habitat or riffle -pool sequence is adversely affected by a flow restriction c point of obstructing flow or a channel choked with aquatic macrophytes or ponded water or impounded on flood or eb the assessment reach (examples: undersized or perched culverts, causeways that constrict the channel, tidal gates). rB Not 3. Feature Pattern - assessment reach metric r-,A A majority of the assessment reach has altered pattern (examples: straightening, modification above or below culvert; r B Not A. 4. Feature Longitudinal Profile - assessment reach metric `«]A Majority of assessment reach has a substantially altered stream profile (examples: channel down -cutting, existing dar over widening, active aggradation, dredging, and excavation where appropriate channel profile has not reformed from these disturbances). r'B Not �A 5. Signs of Active Instability - assessment reach metric Consider only current instability, not past events from which the stream has currently recovered. Examples of instabi active bank failure, active channel down -cutting (head -cut), active widening, and artificial hardening (such as concrete, gabior rl�A < 10% of channel unstable B 10 to 25% of channel unstable C > 25% of channel unstable 6. Streamside Area Interaction — streamside area metric Consider for the Left Bank (LB) and the Right Bank (RB). LB RB A ,A Little or no evidence of conditions that adversely affect reference interaction B ,B Moderate evidence of conditions (examples: berms, levees, down -cutting, aggradation, dredging) that advers reference interaction (examples: limited streamside area access, disruption of flood flows through streamside leaky or intermittent bulkheads, causeways with floodplain constriction, minor ditching [including mosquito ditl C ,C Extensive evidence of conditions that adversely affect reference interaction (little to no floodplain/intertidal zoi [examples: causeways with floodplain and channel constriction, bulkheads, retaining walls, fill, stream incisioi disruption of flood flows through streamside area] or too much floodplain/intertidal zone access [examples: impoundments, intensive mosquito ditching]) or floodplain/intertidal zone unnaturally absent or assessment re man-made feature on an interstream divide 7. Water Quality Stressors — assessment reach/intertidal zone metric Check all that apply. F—A Discolored water in stream or intertidal zone (milky white, blue, unnatural water discoloration, oil sheen, stream foam) F— B Excessive sedimentation (burying of stream features or intertidal zone) F— C Noticeable evidence of pollutant discharges entering the assessment reach and causing a water quality problem F— D Odor (not including natural sulfide odors) F— E Current published or collected data indicating degraded water quality in the assessment reach. Cite source in the "Nc section. F— F Livestock with access to stream or intertidal zone F— G Excessive algae in stream or intertidal zone F— H Degraded marsh vegetation in the intertidal zone (removal, burning, regular mowing, destruction, etc.) F— I Other: (explain in "Notes/Sketch" section) F7 J Little to no stressors 8. Recent Weather —watershed metric For Size 1 or 2 streams, D1 drought or higher is considered a drought; for Size 3 or 4 streams, D2 drought or higher is consid drought. r�A Drought conditions and no rainfall or rainfall not exceeding 1 inch within the last 48 hours r�B Drought conditions and rainfall exceeding 1 inch within the last 48 hours r+ C No drought conditions 9 Large or Dangerous Stream — assessment reach metric .,Yes No Is stream is too large or dangerous to assess? If Yes, skip to Metric 13 (Streamside Area Ground Si 10. Natural In -stream Habitat Types —assessment reach metric 10a. ro.,Yes No Degraded in -stream habitat over majority of the assessment reach (examples of stressors include sedimentation, mining, excavation, in -stream hardening [for example, rip -rap], recent dredging, ani (evaluate for size 4 Coastal Plain streams only, then skip to Metric 12) 10b. Check all that occur (occurs if > 5% coverage of assessment reach) (skip for Size 4 Coastal Plain streams) r—A Multiple aquatic macrophytes and aquatic mosses N I- F 5% oysters or other natural hard bo (include liverworts, lichens, and algal mats) � F G Submerged aquatic vegetation F 7- B Multiple sticks and/or leaf packs and/or emergent o N - F— H Low -tide refugia (pools) vegetation N 0 1 Sand bottom F7 C Multiple snags and logs (including lap trees) m F—J 5% vertical bank along the marsh F 77 D 5% undercut banks and/or root mats and/or roots v F— K Little or no habitat in banks extend to the normal wetted perimeter F— E Little or no habitat *********** REMAINING QUESTIONS ARE NOT APPLICABLE FOR TIDAL MARSH STREAMS-- 11. Bedform and Substrate —assessment reach metric (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams) 11 a. r.Yes r: No Is assessment reach in a natural sand -bed stream? (skip for Coastal Plain streams) 11 b. Bedform evaluated. Check the appropriate box(es). r7A Riffle -run section (evaluate 11c) B Pool -glide section (evaluate 11d) r C Natural bedform absent (skip to Metric 12, Aquatic Life) 11 c. In riffles sections, check all that occur below the normal wetted perimeter of the assessment reach — whether or not subs Check at least one box in each row (skip for Size 4 Coastal Plain Streams and Tidal Marsh Streams). Not Presei absent, Rare (R) = present but < 10%, Common (C) = > 10-40%, Abundant (A) _ > 40-70%, Predominant (P) _ > 70%. percentages should not exceed 100% for each assessment reach. NP R C A P r F, E, E, E, Bedrock/saprolite Boulder (256 — 4096 mm) Cobble (64 — 256 mm) Gravel (2 — 64 mm) Sand (.062 - 2 mm) Silt/clay (< 0.062 mm) Detritus Artificial (rip -rap, concrete, etc.) Are pools filled with sediment? (skip for Size 4 Coastal Plain streams and Tidal Marsh Stream., 12. Aquatic Life - assessment reach metric (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams) 12a. `.Yes ` 'No Was an in -stream aquatic life assessment performed as described in the User Manual? If No, select one of the following reasons and skip to Metric 13. ` ]No Water ` 'Other: 12b.' Yes ''No Are aquatic organisms present in the assessment reach (look in riffles, pools, then snags)? If Yes all that apply. If No, skip to Metric 13. 1 >1 Numbers over columns refer to "individuals" for size 1 and 2 streams and "taxa" for size 3 and 4 streams. r (-Adult frogs r- rAquatic reptiles rAquatic macrophytes and aquatic mosses (include liverworts, lichens, and algal mats) Beetles (including water pennies) Caddisfly larvae (Trichoptera [T]) rAsian clam (Corbicula) Crustacean (isopod/am phi pod/crayfish/shrim p) F7 Damselfly and dragonfly larvae r- F.75 Dipterans (true flies) r F- Mayfly larvae (Ephemeroptera [E]) r F- Megaloptera (alderfly, fishfly, dobsonfly larvae) Midges/mosquito larvae Mosquito fish (Gambusia) or mud minnows (Umbra pygmaea) Mussels/Clams (not Corbicula) Other fish r7e r- Salamanders/tadpoles Snails Stonefly larvae (Plecoptera [P]) r- rTipulid larvae r- r-Worms/leeches 13. Streamside Area Ground Surface Condition - streamside area metric (skip for Tidal Marsh Streams and B valley type Consider for the Left Bank (LB) and the Right Bank (RB). Consider storage capacity with regard to both overbank flow an upland runoff. LB RB A ,A Little or no alteration to water storage capacity over a majority of the streamside area B Z, B Moderate alteration to water storage capacity over a majority of the streamside area C ,C Severe alteration to water storage capacity over a majority of the streamside area (examples include: ditches soil, compaction, livestock disturbance, buildings, man-made levees, drainage pipes) 14. Streamside Area Water Storage - streamside area metric (skip for Size 1 streams, Tidal Marsh Streams, and B valley Consider for the Left Bank (LB) and the Right Bank (RB) of the streamside area. LB RB A ,A Majority of streamside area with depressions able to pond water >_ 6 inches deep B , B Majority of streamside area with depressions able to pond water 3 to 6 inches deep C Z*-,C Majority of streamside area with depressions able to pond water < 3 inches deep 15. Wetland Presence - streamside area metric (skip for Tidal Marsh Streams) Consider for the Left Bank (LB) and the Right Bank (RB). Do not consider wetlands outside of the streamside area or wit[ normal wetted perimeter of assessment reach. LB RB Y r.Y Are wetlands present in the streamside area? r+� N -:� N 16. Baseflow Contributors -assessment reach metric (skip for size 4 streams and Tidal Marsh Streams) Check all contributors within the assessment reach or within view of and draining to the assessment reach. rA Streams and/or springs (jurisdictional discharges) F- B Ponds (include wet detention basins; do not include sediment basins or dry detention basins) F- C Obstruction that passes some flow during low -flow periods within assessment area (beaver dam, bottom -release dam F- D Evidence of bank seepage or sweating (iron oxidizing bacteria in water indicates seepage) F- E Stream bed or bank soil reduced (dig through deposited sediment if present) 7 F None of the above 17. Baseflow Detractors - assessment area metric (skip for Tidal Marsh Streams) Check all that apply. A .7vidence of substantial water withdrawals from the assessment reach (includes areas excavated for pump installatior F— B Obstruction not passing flow during low flow periods affecting the assessment reach (ex: watertight dam, sediment di F C Urban stream (>> 24% impervious surface for watershed) F— D Evidence that the stream -side area has been modified resulting in accelerated drainage into the assessment reach F— E Assessment reach relocated to valley edge f7 F None of the above 18. Shading — assessment reach metric (skip for Tidal Marsh Streams) Consider aspect. Consider "leaf -on" condition. ` .,A Stream shading is appropriate for stream category (may include gaps associated with natural processes) ` AB Degraded (example: scattered trees) ` 'C Stream shading is gone or largely absent 19. Buffer Width — streamside area metric (skip for Tidal Marsh Streams) Consider "vegetated buffer" and "wooded buffer" separately for left bank (LB) and right bank (RB) starting at the top of bank out to the first break. Vegetated Wooded LB RB LB RB r�A r�A r�A r�A >_ 100-feet wide or extends to the edge of the watershed B B B B From 50 to < 100-feet wide C C C C From 30 to < 50-feet wide D D D D From 10 to < 30-feet wide E E E E < 10-feet wide or no trees 20. Buffer Structure — streamside area metric (skip for Tidal Marsh Streams) Consider for left bank (LB) and right bank (RB) for Metric 19 ("Vegetated" Buffer Width). LB RB ,:�A r: A Mature forest e ]B r.B Non -mature woody vegetation or modified vegetation structure C C Herbaceous vegetation with or without a strip of trees < 10 feet wide D D Maintained shrubs E E Little or no vegetation 21. Buffer Stressors — streamside area metric (skip for Tidal Marsh Streams) Check all appropriate boxes for left bank (LB) and right bank (RB). Indicate if listed stressor abuts stream (Abuts), does is within 30 feet of stream (< 30 feet), or is between 30 to 50 feet of stream (30-50 feet). If none of the following stressors occurs on either bank, check here and skip to Metric 22: r Abuts < 30 feet 30-50 feet LB RB LB RB LB RB A A A ,A r.,A r.,A Row crops `A 'B r,B r,B �B �B Maintained turf ` 'C C ,C AC C Pasture (no livestock)/commercial horticulture ` ' D D , D D r., D Pasture (active livestock use) 22. Stem Density — streamside area metric (skip for Tidal Marsh Streams) Consider for left bank (LB) and right bank (RB) for Metric 19 ("Wooded" Buffer Width). LB RB `+'A `.,A Medium to high stem density ` �B ` �B Low stem density ` AC ` AC No wooded riparian buffer or predominantly herbaceous species or bare ground 23. Continuity of Vegetated Buffer— streamside area metric (skip for Tidal Marsh Streams) Consider whether vegetated buffer is continuous along stream (parallel). Breaks are areas lacking vegetation > 10-feet wide. LB RB A ,A The total length of buffer breaks is < 25 percent. B ,B The total length of buffer breaks is between 25 and 50 percent. C r—,C The total length of buffer breaks is > 50 percent. 24. Vegetative Composition — First 100 feet of streamside area metric (skip for Tidal Marsh Streams) Evaluate the dominant vegetation within 100 feet of each bank or to the edge of the watershed (whichever comes first) as it cc to assessment reach habitat. LB RB r: A MA Vegetation is close to undisturbed in species present and their proportions. Lower strata composed of nati species, with non-native invasive species absent or sparse. B rB Vegetation indicates disturbance in terms of species diversity or proportions, but is still largely composed c species. This may include communities of weedy native species that develop after clear -cutting or clearin( communities with non-native invasive species present, but not dominant, over a large portion of the expect communities missing understory but retaining canopy trees. C C Vegetation is severely disturbed in terms of species diversity or proportions. Mature canopy is absent or c with non-native invasive species dominant over a large portion of expected strata or communities compose stands of non -characteristic species or communities inappropriately composed of a single species or no ve 25. Conductivity — assessment reach metric (skip for all Coastal Plain streams) 25a. ` 'Yes `+]No Was a conductivity measurement recorded? If No, select one of the following reasons.No Water Other: Check the box L. ding to the conductivity measurement (units of microsiemens per centimeter). A <46 46 to < 67 C 67 to < 79 D 79 to < 230 E ? 230 Notes/Sketch: Draft NC SAM Stream Rating Sheet Accompanies User Manual Version 1 Rating Calculator Version 1 Stream Site Name North Creek Village Phase II Date of Evaluation J2/08/2023 and 03/08/2022 Stream Category Pa2 Assessor Name/Organization Atlas Environmental Notes of Field Assessment Form (Y/N) NO Presence of regulatory considerations (Y/N) NO Additional stream information/supplementary measurements included (Y/N) NO NC SAM feature type (perennial, intermittent, Tidal Marsh Stream) Intermittent Function Class Rating Summary USACE/ All Streams NCDWR Intermittent (1) Hydrology (2) Baseflow (2) Flood Flow (3) Streamside Area Attenuation (4) Floodplain Access (4) Wooded Riparian Buffer (4) Microtopography (3) Stream Stability (4) Channel Stability (4) Sediment Transport (4) Stream Geomorphology (2) Stream/Intertidal Zone Interaction (2) Longitudinal Tidal Flow (2) Tidal Marsh Stream Stability (3) Tidal Marsh Channel Stability (3) Tidal Marsh Stream Geomorphology LOW HIGH LOW MEDIUM MEDIUM MEDIUM LOW LOW MEDIUM LOW MEDIUM NA NA NA NA NA LOW HIGH LOW MEDIUM MEDIUM MEDIUM LOW LOW MEDIUM LOW MEDIUM NA NA NA NA NA (1) Water Quality (2) Baseflow (2) Streamside Area Vegetation (3) Upland Pollutant Filtration (3) Thermoregulation (2) Indicators of Stressors (2) Aquatic Life Tolerance (2) Intertidal Zone Filtration HIGH HIGH MEDIUM MEDIUM HIGH NO HIGH NA HIGH HIGH MEDIUM MEDIUM HIGH NO NA NA (1) Habitat (2) In -stream Habitat LOW LOW LOW LOW (1 } Habitat (2) In -stream Habitat (3) Baseflow (3) Substrate (3) Stream Stability (3) In -stream Habitat (2) Stream -side Habitat (3) Stream side Habitat (3) Thermo reg u latio n (2) Tidal Marsh In -stream Habitat (3) Flow Restriction (3) Tid a 11.1 a rsh Stream Stability (4) Tidal tlarsh Channel Stability (4)Tidal 1.1arsh Stream Geomorphology (3)Tida114arsh In -stream Habitat (2) IntertidaIZone Habitat LOW LOW HIGH LOW MEDIUM MEDIUM HIGH MEDIUM HIGH NA NA NA NA NA NA NA LOW LOW HIGH LOW MEDIUM MEDIUM HIGH P.IECIUP0 HIGH NA NA NA NA NA NA NA Overall LOW L(YW David Rabon From: Hamstead, Byron A <byron_hamstead@fws.gov> Sent: Monday, April 3, 2023 9:09 AM To: David Rabon Cc: Jennifer Robertson Subject: Re: [EXTERNAL] North Creek Village Phase II T&E Report of Findings and Review Request (Mecklenburg County) Hey David, We offer the following comments/concurrence to inform prudent effect determinations to federally listed species from the appropriate action agency: Based on the information provided, the proposed action occurs within the consultation area for the federally endangered Schweinitz's sunflower (Helianthus scwheinitzii), Michaux's sumac (Rhus michauxii), and the federally threatened smooth coneflower (Echinacea laevigata). These species are known to occur in a variety of habitats including maintained utility and road rights of way, forest edges, old pastures, and woodland openings. These species may occupy habitats where the disturbance regime reduces competition from other species. They do not typically occur in areas with dense understory vegetation, or in areas that experience frequent mowing or disturbance during consecutive reproductive seasons. Your correspondence indicates that suitable habitats for these species are not present present within the proposed action area (50CFR 402.02). Our concurrence with "no effect" determinations from action agencies is not required. Based on the information provided, suitable forage and/or roosting habitat for the proposed endangered tricolored bat (Perimyotis subflavus), may occur within the proposed action area. To avoid impacts to this species, we encourage project proponents to accomplish any necessary tree clearing outside of the "active season" for this animal. The active season for tricolored bat occurs during the warmer time of year from April 1 - October 15. Although this species is not currently afforded legal protection under the Endangered Species Act (Act), this impact minimization measure would support our concurrence with a "may affect, not likely to adversely affect" determination from the appropriate action agency should this species become listed in the future. If the proposed action would not affect suitable habitat for this animal, we would not object to a "no effect" determination from the appropriate action agency. The information provided indicates that suitable habitat is not present within the proposed action area for any other federally listed species. Therefore, we require no further information and consider consultation to be complete at this time. Please be aware that obligations under section 7 of the Act must be reconsidered if: (1) new information reveals impacts of the identified action may affect listed species or critical habitat in a manner not previously considered, (2) the identified action is subsequently modified in a manner that was not considered in this review, or (3) a new species is listed or critical habitat is determined that may be affected by the identified action. Please contact me if you have any questions. Regards, Byron Byron Hamstead (he/him/his) Fish and Wildlife Biologist U.S. Fish and Wildlife Service Asheville Ecological Services Field Office 160 Zillicoa Street Asheville, North Carolina, 28801 This email correspondence and any attachments to and from this sender is subject to the Freedom of Information Act and maybe disclosed to third parties. From: Hamstead, Byron A <byron_hamstead @fws.gov> Sent: Monday, March 6, 2023 7:37 AM To: David Rabon <drabon@atlasenvi.com>; Reid, Rebekah N <rebekah_reid@fws.gov> Cc: Jennifer Robertson <jrobertson@atlasenvi.com> Subject: Re: [EXTERNAL] North Creek Village Phase II T&E Report of Findings and Review Request (Mecklenburg County) Hey David, I have added this request to my list for review and will respond w/in 30d. Regards, B Byron Hamstead (he/him/his) Fish and Wildlife Biologist U.S. Fish and Wildlife Service Asheville Ecological Services Field Office 160 Zillicoa Street Asheville, North Carolina, 28801 This email correspondence and any attachments to and from this sender is subject to the Freedom of Information Act and maybe disclosed to third parties. From: David Rabon <drabon@atlasenvi.com> Sent: Friday, March 3, 2023 8:30 AM To: Reid, Rebekah N <rebekah_reid@fws.gov>; Hamstead, Byron A <byron_hamstead@fws.gov> Cc: Jennifer Robertson <jrobertson@atlasenvi.com> Subject: [EXTERNAL] North Creek Village Phase II T&E Report of Findings and Review Request (Mecklenburg County) This email has been received from outside of DOI - Use caution before clicking on links, opening attachments, or responding. Rebekah/Byron, Please find attached a T&E report of findings and review request for North Creek Village Phase II in Mecklenburg County. Fish and Wildlife Service comments are being requested proactively as an Army Corps of Engineers NWP 29 may be required for the project. A preliminary site plan has been developed and is included in the report. The Aquatic Resource Sketch Map also is included within the report along with additional resources. Please let me know if you have any questions. Thank you, David David Rabon, Ph. D. Senior Environmental Specialist ATLAS Environmental, Inc. 338 S. Sharon Amity Road #411 Charlotte, NC 28211 (704) 512-1206 office (252) 216-0000 mobile www.atlasenvi.com Offices in Asheville and Charlotte AONMENTAL LM «L` North Carolina Department of Natural and Cultural Resources State Historic Preservation Office Ramona M. Bartos, Administrator Governor Roy Cooper Secretary D. Reid Wilson April 24, 2023 Office of Archives and History Deputy Secretary, Darin J. Waters, Ph.D. Layla Tallent ltallent e,atlasenvi.com ATLAS Environmental, Inc. 338 S. Sharon Amity Road 9411 Charlotte, NC 28211 Re: Construct North Creek Village Phase II mixed -use development, 17705 Davidson -Concord Road, Huntersville, Mecklenburg County, ER 23-0761 Dear Ms. Tallent: Thank you for your email of March 13, 2023, regarding the above -referenced undertaking. We have reviewed the submittal and offer the following comments: One archaeological site has been previously recorded adjacent to the project area (this resource was determined not eligible for the National register of Historic Places (NRHP), and most of the project area has not been systematically surveyed for archaeological resources. The project area contains several high probability land forms with well drained soils, particularly in the southern portion adjacent to an unnamed tributary and bottom lands associated with Ramah Creek. Numerous archaeological sites have been identified in similar settings in the vicinity, including ones determined eligible for the NRHP. Based on the topographic and hydrological setting, we expect the project area may contain intact, significant archaeological sites. Prior to the initiation of any ground disturbing activities within the project area, we recommend that a comprehensive archaeological survey be conducted. The purpose of this survey will be to identify and evaluate the significance of archaeological sites that may be damaged or destroyed by the proposed project and make recommendations regarding their eligibility status in terms of the National Register of Historic Places. The archaeological survey should be conducted by an experienced archaeologist that meets the Secretary of the Interior's Professional Qualification Standards. A list of archaeological consultants who have conducted or expressed an interest in contract work in North Carolina is available at hgps://archaeology.ncdcr.gov/archaeological-consultant-list. The archaeologists listed, or any other experienced archaeologist, may be contacted to conduct the recommended survey. Please note that our office requests consultation with the Office of State Archaeology Review Archaeologist to discuss appropriate field methodologies prior to the archaeological field investigation 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 ER23-0761, April 24, Page 2 of and discuss our current Draft Archaeological Methodology Guidelines for Solar Farms. You can find the Review Archaeologist for your region at hM2s://archaeology.ncdcr.gov/about/contact. OSA's Archaeological Standards and Guidelines for Background Research, Field Methodologies, Technical Reports, and Curation can be found online at: hiips://files.nc.gov/dncr- arch/OSA_Guidelines_Dec20l 7.pdf. We have determined that the project as proposed will not have an effect on any historic structures. 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.reviewgncdcr.gov. In all future communication concerning this project, please cite the above referenced tracking number. Sincerely, Ramona Bartos, Deputy State Historic Preservation Officer Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: (919) 814-6570/814-6898 fires RES Aster, LLC Stream Mitigation Bank Statement of Availability September 15, 2023 U.S. Army Corps of Engineers Doug Perez Charlotte Regulatory Field Office 8430 University Executive Park Drive, Suite 615 Charlotte, North Carolina 28262 Re Project: North Creek Village Phase 2 This document confirms that the Stephen Vinson (Applicant) for the North Creek Village Phase 2 (Project) has expressed an interest to utilize 922.00 Stream Mitigation Credits from the RES Aster sponsored RES Yadkin 05 Umbrella Mitigation Bank, specifically 922.00 Stream credits from the Cardinal site, in the Yadkin HUC 03040105. As the official Bank Sponsor, RES Aster, LLC, attests to the fact that mitigation is available for reservation at this time. These mitigation credits are not considered secured, and consequently are eligible to be used for alternate purposes by the Bank Sponsor, until payment in full is received from the Applicant resulting in the issuance of a Mitigation Credit Transfer Certificate by the bank acknowledging that the Applicant has fully secured credits from the bank and the Banker has accepted full responsibility for the mitigation obligation requiring the credits/units. The Banker will issue the Mitigation Credit Transfer Certificate within three (3) days of receipt of the purchase price. Banker shall provide to Applicant a copy of the Mitigation Credit Transfer Certificate and a documented copy of the debit of credits from the Bank Official Credit Ledger(s), indicating the permit number and the resource type secured by the applicant. A copy of the Mitigation Credit Transfer Certificate, with an updated Official Credit Ledger will also be sent to regulatory agencies showing the proper documentation. Please contact me at 919-209-1055 or astaley@res.us if you have any questions. Best Regards, Amy Staley Credit Sales Manager Bank Sponsor— RES Aster, LLC ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director NORTH CAROLINA Environmental Quality June 9, 2022 DWR #20-1288 Mecklenburg County Stephen Vinson Magnolia Hunterville Development 9525 Birkdale Crossing Dr., Ste. 200 Hunterville, NC 28078 sent via email to: svinson@magnoliadevco.com Subject: Approval of Individual 401 Water Quality Certification - Revision North Village Creek (formerly Huntersville East) Dear. Mr. Vinson: Attached hereto is a copy of Certification No. WQC004384 revision issued to Stephen Vinson, dated June 9, 2022. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of this Water Quality Certification. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this Certification and is responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)]. This Water Quality Certification does not relieve the permittee of the responsibility to obtain all other required Federal, State, or Local approvals before proceeding with the project, including those required by, but not limited to, Sediment and Erosion Control, Non -Discharge, Water Supply Watershed, and Trout Buffer regulations. This Water Quality Certification neither grants nor affirms any property right, license, or privilege in any lands or waters, or any right of use in any waters. This Water Quality Certification does not authorize any person to interfere with the riparian rights, littoral rights, or water use rights of any other person and does not create any prescriptive right or any right of priority regarding any usage of water. This Water Quality Certification shall not be interposed as a defense in any action respecting the determination of riparian or littoral rights or other rights to water use. No consumptive user is deemed by virtue of this Water Quality Certification to possess any prescriptive or other right of priority with respect to any other consumptive user regardless of the quantity of the withdrawal or the date on which the withdrawal was initiated or expanded. Upon the presentation of proper credentials, the Division may inspect the property. This Water Quality Certification shall expire on the same day as the expiration date of the corresponding Section 404 Permit. The conditions shall remain in effect for the life of the project, regardless of the expiration date of this Water Quality Certification. Non-compliance with or violation of the conditions herein set forth may result in revocation of this Water Quality Certification for the project and may also result in criminal and/or civil penalties. If you are unable to comply with any of the conditions of this Water Quality Certification you must notify the Mooresville Regional Office within 24 hours (or the next business day if a weekend or holiday) from the time the permittee becomes aware of the circumstances. The permittee shall report to the Mooresville Regional Office any noncompliance with, and/or any violation of, stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the permittee became aware of the non-compliance circumstances. This approval and its conditions are final and binding unless contested [G.S. 143-215.5]. Please be aware that impacting waters without first applying for and securing the issuance of a 401 Water Quality Certification violates Title 15A of the North Carolina Administrative Code (NCAC) 2H .0500. Title 15A NCAC 2H .0500 requires certifications pursuant to Section 401 of the Clean Water Act whenever construction or operation of facilities will result in a discharge into navigable waters, including wetlands, as described in 33 Code of Federal Regulations (CFR) Part 323. It also states any person desiring issuance of the State certification or coverage under a general certification required by Section 401 of the Federal Water Pollution Control Act shall file with the Director of the North Carolina Division of Water Quality. Pursuant to G.S. 143-215.6A, these violations and any future violations are subject to a civil penalty assessment of up to a maximum of $25,000.00 per day for each violation. This Certification can be contested as provided in Chapter 150B of the North Carolina General Statutes by filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter 150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code. Additional information regarding requirements for filing a Petition and Petition forms may be accessed at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000. One (1) copy of the Petition must also be served to the North Carolina Department of Environmental Quality: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the Division's review under section 401 of the Clean Water Act and 15A NCAC 02H .0500. Please contact Doug Perez at 704-235-2200 or Doug. Perez@ncdenr.gov if you have any questions or concerns. North Carolina Department of Environmental Quality I Division of Water Resources Mooresville Regional Office 1 610 East Center Avenue, Suite 301 I Mooresville, North Carolina 28115 NCRT", C/+AOLNA 01 MA�m^ l0.an 704.663.1699 Sincerely, cc: CA DocuSigned by: 414 4 H pul" n' for F161FB69A2D84A3... W. Corey Basinger, Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office, DEQ Jennifer Robertson, Atlas Environmental, email Bryan Rhoden Reynolds, USACE Regulatory Field Office DWR 401 & Buffer Permitting Branch Electronic file D ��� North Carolina Department of Environmental Quality I Division of Water Resources Mooresville Regional Office 1610 East Center Avenue, Suite 301 1 Mooresville, North Carolina 28115 NORTH CAPOLMA D-INJO 704.663.1699 NORTH CAROLINA 401 WATER QUALITY CERTIFICATION CERTIFICATION #WQC004384 is issued in conformity with the requirements of Section 401, Public Laws 92-500 and 95-217 of the United States and subject to North Carolina's Regulations in 15 NCAC 02H .0500 and 15A NCAC 02B .0200, to Stephen Vinson (Magnolia Huntersville Development Co.), who have authorization for the impacts listed below, as described within your application received by the N.C. Division of Water Resources (Division) on May 6, 2021, and subsequent information on June 25, 2021, and by Public Notice issued by the U. S. Army Corps of Engineers and received by the Division on May 17, 2021. The State of North Carolina certifies that this activity will comply with water quality requirements and the applicable portions of Sections 301, 302, 303, 306, 307 of the Public Laws 92-500 and PL 95-217 if conducted in accordance with the application, the supporting documentation, and conditions hereinafter set forth. The following impacts are hereby approved. No other impacts are approved, including incidental impacts. [15A NCAC 02H .0506(b)] Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Stream (culvert) 191 (linear feet) 28 (linear feet) 404/401 Wetlands 0.009 (acres) n/a (acres) This approval requires you to follow the conditions listed in the certification below. CONDITIONS OF CERTIFICATION [15A NCAC 02H .0507(c)]: 1. Stormwater Management: The applicant may provide documentation that the project will not impair water quality to the receiving stream(s) from stormwater runoff or provide an approved stormwater management plan. Any high density project and/or project that exceeds density thresholds must provide a stormwater management plan for the entire project, for review and approval including all forms and pertinent items that complies with the high density development requirements. Low density development shall meet all condition for stormwater management required by the state and be reviewed if required. The plan may be approved by the Division, State Stormwater Program or a local delegated authority. The plan shall consider the impact of the volume and velocity of discharge and runoff to the receiving stream and adjacent riparian areas to prevent scouring and erosions of the features. Citations15A NCAC 02U .1017, 15A NAC 02H .1003 (2)(a) , 15 NCAC 02B .0614 (8), 15A NCAC 02B .0607(h) Justification: In order to protect against impairment of water quality standards and best usage of receiving and downstream waters, water quality based management practices must be employed to protect against direct or indirect discharge of waste or other sources of water pollution. Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and maintenance of biological integrity, wildlife, secondary contact recreation, agriculture) and that activities must not cause water D Q�� North Carolina Department of Environmental Quality Division of Water Resources Mooresville Regional Office 1 610 East Center Avenue, Suite 301 I Mooresville, North Carolina 28115 NCRT", C/+AOLNp MA-1 1 704.663.1699 pollution that precludes any best use on a short-term or long-term basis. In determining that the proposed activity will comply with state water quality standards (including designated uses, numeric criteria, narrative criteria and the state's antidegradation policy), the Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards, or would result in secondary or cumulative impacts 2. Diversion Ditches and other storm water conveyances as related to the sediment and erosion control measures shall be matted and/or stabilized to reduce sediment loss and turbidity. This includes interior/exterior slopes of sediment basins. 15A NCAC 02H .0506 (b)(3) and (c)(3) Justification: Failure to reduce erosion of runoff conveyances and to provide for maximum reduction of erosion on areas not related to ongoing construction, shortens basin holding times, increases turbidity of discharge and creates a greater potential of bypass discharge. 3. Bare/fill slopes in excess of 10 feet in height and within 30 feet of surface waters shall be matted. 15A NCAC 02H .0506 (b)(1) and15A NCAC 02H .502 (c) Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. In determining that the proposed activity will comply with state water quality standards (including designated uses, numeric criteria, narrative criteria and the state's antidegradation policy), the Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards or would result in secondary or cumulative impacts 4. The permittee shall report to the DWR Mooresville Regional Office any noncompliance with, and/or any violation of, stream or wetland standards [15A NCAC 02B .0200], including but not limited to sediment impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the permittee became aware of the non-compliance circumstances. Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c) Justification: Timely reporting of non-compliance is important in identifying and minimizing detrimental impacts to water quality and avoiding impacts due to water pollution that precludes any best use on a short-term or long-term basis. 5. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used along streambanks or within wetlands. Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c) Justification: A project that affects waters shall not be permitted unless the existing uses (including aquatic life propagation and biological integrity), and the water quality to protect such uses, are protected. Protections are necessary to ensure any remaining surface waters or wetlands, and any surface waters or wetlands downstream, continue to support existing uses during and after project completion. The Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards, or would result in secondary or cumulative impacts. D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources Mooresville Regional Office 1 610 East Center Avenue, Suite 301 I Mooresville, North Carolina 28115 NCRT CbRpVNA O.P. M ] V EnNm^.-1 704.663.1699 6. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the footprint of the approved impacts (including temporary impacts). Citation: 15A NCAC 02H .0506, 15A NCAC 02H .0507(c) Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and maintenance of biological integrity, wildlife, secondary contact recreation; agriculture), and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. 7. All work in or adjacent to streams shall be conducted so that the flowing stream does not come in contact with the disturbed area. Approved best management practices from the most current version of the NC Sediment and Erosion Control Manual, or the NC Department of Transportation Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams, and other diversion structures shall be used to minimize excavation in flowing water. Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c), 15A NCAC 02B .0200 Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule, and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated uses, and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters, for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions, the existing turbidity level shall not be increased. 8. Culverts shall be designed and installed in such a manner that the original stream profiles are not altered and allow for aquatic life movement during low flows. The dimension, pattern, and profile of the stream above and below a pipe or culvert shall not be modified by widening the stream channel or by reducing the depth of the stream in connection with the construction activity. The width, height, and gradient of a proposed culvert shall be such as to pass the average historical low flow and spring flow without adversely altering flow velocity. If the width of the culvert is wider than the stream channel, the culvert shall include multiple boxes/pipes, baffles, benches and/or sills to maintain the natural width of the stream channel. If multiple culverts/pipes/barrels are used, low flows shall be accommodated in one culvert/pipe and additional culverts/pipes shall be installed such that they receive only flows above bankfull. Placement of culverts and other structures in streams shall be below the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20% of the culvert diameter for culverts having a diameter less than or equal to 48 inches, to allow low flow passage of water and aquatic life. If the culvert outlet is submerged within a pool or scour hole and designed to provide for aquatic passage, then culvert burial into the streambed is not required. For structures less than 72" in diameter/width, and topographic constraints indicate culvert slopes of greater than 2.5% culvert burial is not required, provided that all alternative options for flattening the slope have been investigated and aquatic life movement/connectivity has been provided when North Carolina Department of Environmental Quality I Division of Water Resources Mooresville Regional Office 1 610 East Center Avenue, Suite 301 I Mooresville, North Carolina 28115 NCRT", C/+AOLNA 01 MA�m^ l Q°anry 704.663.1699 possible (e.g. rock ladders, cross -vanes, sills, baffles etc.). Notification, including supporting documentation to include a location map of the culvert, culvert profile drawings, and slope calculations, shall be provided to DWR 30 calendar days prior to the installation of the culvert. When bedrock is present in culvert locations, culvert burial is not required, provided that there is sufficient documentation of the presence of bedrock. Notification, including supporting documentation such as a location map of the culvert, geotechnical reports, photographs, etc. shall be provided to DWR a minimum of 30 calendar days prior to the installation of the culvert. If bedrock is discovered during construction, then DWR shall be notified by phone or email within 24 hours of discovery. Installation of culverts in wetlands shall ensure continuity of water movement and be designed to adequately accommodate high water or flood conditions. When roadways, causeways, or other fill projects are constructed across FEMA-designated floodways or wetlands, openings such as culverts or bridges shall be provided to maintain the natural hydrology of the system as well as prevent constriction of the floodway that may result in destabilization of streams or wetlands. The establishment of native woody vegetation and other soft stream bank stabilization techniques shall be used where practicable instead of rip -rap or other bank hardening methods. Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c) Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule, and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. Ensuring that structures are installed properly in waters will ensure that surface water quality standards are met and conditions of waters are suitable for all best uses. 9. If concrete is used during construction, then all necessary measures shall be taken to prevent direct contact between uncured or curing concrete and waters of the state. Water that inadvertently contacts uncured concrete shall not be discharged to waters of the state. Citation: 15A 02H .0506(b), 15A NCAC 02H .0507(c), 15A NCAC 028 .0200, 15A NCAC 028 .0231 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated uses. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses, and (3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 10. All proposed and approved temporary fill and culverts shall be removed and the impacted area shall be returned to natural conditions within 60 calendar days after the temporary impact is no longer necessary. The impacted areas shall be restored to original grade, including each stream's original cross -sectional dimensions, planform pattern, and longitudinal bed profile. All temporarily impacted sites shall be restored and stabilized with native vegetation. Citation: 15A NCAC 02H.0506(b), 15A NCAC 02H .0507(c) North Carolina Department of Environmental Quality I Division of Water Resources Mooresville Regional Office 1 610 East Center Avenue, Suite 301 I Mooresville, North Carolina 28115 NCRT", C/+AOLNA 01 MA�m^ l Q°anry 704.663.1699 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Protections are necessary to ensure any remaining surface waters or wetlands, and any surface waters or wetlands downstream, continue to support existing uses after project completion. 11. Any rip -rap required for proper culvert placement, stream stabilization, or restoration of temporarily disturbed areas shall be restricted to the area directly impacted by the approved construction activity. Soft/natural stabilization shall be utilized to the maximum extent practicable. All rip -rap shall be placed such that the original streambed elevation and streambank contours are restored and maintained and shall consist of clean rock or masonry material free of debris or toxic pollutants. Placement of rip -rap or other approved materials shall not result in de -stabilization of the stream bed or banks upstream or downstream of the area or be installed in a manner that precludes aquatic life passage. Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c) Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule, and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. The Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards, or would result in secondary or cumulative impacts. 12. All mechanized equipment operated near surface waters shall be inspected and maintained regularly to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids, or other toxic materials. Construction shall be staged in order to minimize the exposure of equipment to surface waters to the maximum extent practicable. Fueling, lubrication, and general equipment maintenance shall be performed in a manner to prevent, to the maximum extent practicable, contamination of surface waters by fuels and oils. Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c), 15A NCAC 0213 .0200, 15A NCAC 028 .0231 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated uses. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses, and (3) Materials producing color or odorshall not be present in amounts that may cause adverse impacts on existing wetland uses. 13. Heavy equipment working in wetlands shall be placed on mats or other measures shall be taken to minimize soil disturbance and compaction. Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c), 15A NCAC 0213 .0231 Justification: Wetland standards require maintenance or enhancement of existing uses of wetlands such that hydrologic conditions necessary to support natural biological and physical characteristics are protected, populations of wetland flora and fauna are maintained to protect biological integrity of the wetland; and materials or substances are not present in amounts that may cause adverse impact on existing wetland uses. North Carolina Department of Environmental Quality I Division of Water Resources Mooresville Regional Office 1 610 East Center Avenue, Suite 301 I Mooresville, North Carolina 28115 NCRT", C/+AOLNA 01 MA�m. ^ I0.an 704.663.1699 14. When applicable, all construction activities shall be performed and maintained in full compliance with G.S. Chapter 113A Article 4 (Sediment and Pollution Control Act of 1973). Regardless of applicability of the Sediment and Pollution Control Act, all projects shall incorporate appropriate Best Management Practices for the control of sediment and erosion so that no violations of state water quality standards, statutes, or rules occur. Design, installation, operation, and maintenance of all sediment and erosion control measures shall be equal to or exceed the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual, or for linear transportation projects, the North Caroline Department of Transportation Sediment and Erosion Control Manual. All devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) sites, including contractor -owned or leased borrow pits associated with the project. Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times. For borrow pit sites, the erosion and sediment control measures shall be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. Reclamation measures and implementation shall comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act and the Mining Act of 1971. Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c), 15A NCACO28 .0200, 15A NCAC 028 .0231 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated uses, and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters; for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions, the existing turbidity level shall not be increased. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 15. Sediment and erosion control measures shall not be installed in wetland or waters except within the footprint of temporary or permanent impacts otherwise authorized by this Certification. If placed within authorized impact areas, then placement of such measures shall not be conducted in a manner that results in dis-equilibrium of any wetlands, streambeds, or streambanks. Any silt fence installed within wetlands shall be removed from wetlands and the natural grade restored within two (2) months of the date that DEMLR or locally delegated program has released the specific area within the project to ensure wetland standards are maintained upon completion of the project. Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c), 15A NCAC 0213 .0200, 15A NCAC 028 .0231 D ��� North Carolina Department of Environmental Quality I Division of Water Resources Mooresville Regional Office 1 610 East Center Avenue, Suite 301 I Mooresville, North Carolina 28115 NCRT",C/+A6VNp O.P°"^,^^t a M. .-1 Q°anN 704.663.1699 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated uses, and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters, for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions, the existing turbidity level shall not be increased. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses, and (3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 16. If the project is covered by NPDES Construction Stormwater Permit Number NCGO10000 or NPDES Construction Stormwater Permit Number NCG250000, full compliance with permit conditions including the erosion & sedimentation control plan, inspections and maintenance, self -monitoring, record keeping and reporting requirements is required. Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c); 15A NCAC 028 .0200, 15A NCAC 028 .0231 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated uses, and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters, for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions, the existing turbidity level shall not be increased. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses, and (3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 17. In accordance with 143-215.85(b), the permittee shall report any petroleum spill of 25 gallons or more; any spill regardless of amount that causes a sheen on surface waters; any petroleum spill regardless of amount occurring within 100 feet of surface waters; and any petroleum spill less than 25 gallons that cannot be cleaned up within 24 hours. Citation: 15A NCAC 02H .0507(c), N.C.G.S 143-215.85(b) Justification: Person(s) owning or having control over oil or other substances upon notice of discharge must immediately notify the Department, or any of its agents or employees, of the nature, location, and time of the discharge and of the measures which are being taken or are proposed to be taken to contain and remove the discharge. This action is required in order to contain or divert the substances to prevent entry into the surface waters. Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule (including, at minimum: North Carolina Department of Environmental Quality I Division of Water Resources Mooresville Regional Office 1 610 East Center Avenue, Suite 301 I Mooresville, North Carolina 28115 NCRT", C/+AOLNA 01 MA�m^ l Q°anry 704.663.1699 aquatic life propagation, survival, and maintenance of biological integrity, wildlife, secondary contact recreation; agriculture), and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. 18. The permittee and their authorized agents shall conduct all activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal Law. Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c) Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule, and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. The Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards, or would result in secondary or cumulative impacts. 19. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this Water Quality Certification. A copy of this Water Quality Certification shall be available at the project site during the construction and maintenance of this project. Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c) Justification: Those actually performing the work should be aware of the requirements of this 401 Water Quality Certification to minimize water quality impacts. This approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. The conditions in effect on the date of issuance shall remain in effect for the life of the project, regardless of the expiration date of this Certification. [15A NCAC 02H .0507(c)] This, the 9th day of June 2022 CA DocuSigned by: 414 4 H pul�ft for F161FB69A2D84A3... W. Corey Basinger, Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office, DEQ D ��� North Carolina Department of Environmental Quality I Division of Water Resources Mooresville Regional Office 1610 East Center Avenue, Suite 301 1 Mooresville, North Carolina 28115 NORTH CAPOLMA w_IN 704.663.1699 PERMIT MODIFICATION --- 06/09/2022 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2008-02707 County: Mecklenburg U.S.G.S. Quad: NC -Cornelius GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: Magnolia Huntersville Development Co., LLC Stephen Vinson Address: 9525 Birkdale Crossing Drive, Suite 200 Huntersville, NC 28078 Telephone Number: 919-414-6721 E-mail: svinson( )magnoliadevco.com Size (acres) 55 Nearest Town Huntersville Nearest Waterway Ramah Creek River Basin Upper Pee Dee USGS HUC 03040105 Coordinates Latitude: 35.45090 Longitude:-80.80475 Location description: The review area is located on the south side of NC-73 (Sam Furr Road); approximately 0.4 miles west of the intersection of NC-73 and Ramah Church Road. PINs: 01107315. 01107337. 01107317. 01107322. 01107320. 01107318. 01107336, 011107319, 01126140, and 01126113 (partial). Description of projects area and activity: This verification authorizes the permanent stream and wetland impacts of 191 linear feet (0.012 acres) and 0.009 acres, respectively, to facilitate the construction of a multi -family townhome and single-family residential development. In addition, 28 linear feet of temporary stream will occur as a result of the residential development. All temporary stream impacts will be restored to pre-existing conditions after the completion of construction. Applicable Law(s): ❑X Section 404 (Clean Water Act, 33 USC 1344) ❑ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: NWP 29. Residential Developments SEE ATTACHED NWP GENERAL, REGIONAL, AND/OR SPECIAL CONDITIONS Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the enclosed Conditions, your application signed and dated 5/18/2021, s, and the enclosed plans Construction Drawings (Existing Condition Proposed Conditions, and Impact May Proposed Conditions) dated 4/15/2021. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class I administrative penalty, and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Resources (telephone 919-807-6300) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (LAMA), prior to beginning work you must contact the N.C. Division of Coastal Management Morehead City, NC, at (252) 808-2808. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. PERMIT MODIFICATION --- 06/09/2022 If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Bryan Roden -Reynolds at 704-510-1440or brvan.roden-rcynolds(&usace.army.mil. Bryan Roden -Reynolds Corps Regulatory Official: 2022.06.09 09:08:01-04'00' Date: 6/9/2022 Expiration Date of Verification: 4/14/2026 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0 Copy furnished: Agent: Atlas Environmental, Inc. Jennifer Robertson Address: 338 S. Sharon Amity Road Charlotte, NC 28211 Telephone Number: 704-512-1206 E-mail: irobertson(&atlasenvi.com Action ID Number: SAW-2008-02707 County: Mecklenburg Permittee: Magnolia Huntersville Development Co., LLC, Stephen Vinson Project Name: Huntersville East Date Verification Issued: 6/9/2022 Project Manager: Bryan Roden -Reynolds Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: US ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Attn: Bryan Roden -Reynolds Charlotte Regulatory Office U.S Army Corps of Engineers 8430 University Executive Park Drive, Suite 615 Charlotte, North Carolina 28262 or bryan.roden-reynolds@us ace. army. mil Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. Failure to comply with any terms or conditions of this authorization may result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I administrative penalty, or initiating other appropriate legal action. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and condition of the said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date MEMORANDUM FOR RECORD SUBJECT: Department of the Army Memorandum Documenting General Permit Verification 1.0 Introduction and overview: Information about the proposal subject to one or more of the Corps regulatory authorities is provided in Section 1, detailed evaluation of the activity is found in Sections 2 through 4 and findings are documented in Section 5 of this memorandum. Further, summary information about the activity including administrative history of actions taken during project evaluation is attached (ORM2 summary). 1.1 Applicant name: Magnolia Huntersville Development Co., LLC, Stephen Vinson 1.2 Activity location: Latitude- 35.45090 Longitude:-80.80475 Location description: The review area is located on the south side of NC-73 (Sam Furr Road); approximately 0.4 miles west of the intersection of NC-73 and Ramah Church Road. PINs: 01107315, 01107337, 01107317, 01107322, 01107320, 01107318, 01107336, 011107319, 01126140, and 01126113 (partial). 1.3 Description of activity requiring verification -This verification would authorize the permanent stream and wetland impacts of 191 linear feet (0.012 acres) and 0.009 acres, respectively, to facilitate the construction of a multi -family townhome and single-family residential development. In addition, 28 linear feet of temporary stream will occur as a result of the residential development. All temporary stream impacts will be restored to pre-existing conditions after the completion of construction. 1.4 Is this an After -the -Fact verification? No. 1.5 Date PCN determined complete for processing 5/26/2021 1.6 Jurisdiction Determination completed? An Approved JD was completed on 10/1 /2020. 1.7 Permit authority: Section 404 of the Clean Water Act (33 USC 1344) 1.8 Applicable Permit: NWP 29. Residential Developments 1.9 Activity requires written waiver of NWP limits? No. 1.10 Activity requires a waiver from the requirements of a regional condition(s)? No. 2.0 Evaluation of the Pre -Construction Notification 2.1 Direct and indirect effects caused by the GP activity: The direct effects of the proposed activity in waters would include the loss of jurisdictional waters (as specified in Section 1.3) and their associated aquatic resource functions. The proposed activity also has the potential to result in indirect effects to waters including excess sedimentation in downstream waters, disruption and/or killing of aquatic life in the direct vicinity of the project area, increase of downstream flows, and blocking/restricting aquatic life passage transiting in and through the project area. These indirect effects are expected to be minimal due to design criteria and Best Management Practices (BMPs) required by Nationwide Permit General and Regional Conditions. Additionally, indirect effects would be further reduced through the implementation of BMPs required by state, local, and Federal ordinances and regulations. 2.2 Site specific factors: The review consists of forested land that was timbered approximately 10 years ago and single family residences. 2.3 Coordination 2.3.1 Was the PCN coordinated with other agencies? No. Agency coordination with the USFWS is required for the Northern Long Eared Bat. However, the Corps is not required to wait for a response from the USFWS Asheville Office in accordance with local procedures. 2.3.2 Was the PCN coordinated with other Corps offices? No. 2.4 Mitigation 2.4.1 Provide brief description of how the activity has been designed on -site to avoid and minimize adverse effects, both temporary and permanent, to waters of the United States to the maximum extent practicable at the project site -The applicant provided a detailed statement describing their efforts to avoid and minimized impacts to waters of the United States on the project site in the preconstruction notification. Based on this information, the Corps believes the applicant has avoid and minimized impacts to waters of the United State to the maximum extent practicable. 2.4.2 Is compensatory mitigation required for unavoidable impacts to jurisdictional aquatic resources to reduce the individual and cumulative adverse environmental effects to a minimal level? No. Provide rationale: No compensatory mitigation is required because the applicant has minimized impacts and the loss of wetlands associated with the activity is less than 0.10 acre. There are no specific circumstances that would warrant compensatory mitigation. No compensatory mitigation is required because the applicant has minimized impacts and the loss of stream channel associated with the activity is less than 0.02 acres There are no specific circumstances that would warrant compensatory mitigation. 3.0 Compliance with Other Laws, Policies and Requirements 3.1 Section 7(a)(2) of the Endangered Species Act (ESA) 3.1.1 ESA action area: The action area includes the waters of the United States that will be directly affected by the proposed work or structures and uplands directly affected as a result of authorizing the work or structures. 3.1.2 Has another federal agency taken steps to document compliance with Section 7 of the ESA and completed consultation(s) as required? No. 3.1.3 Known species/critical habitat present? No. The Corps has determined that it has fulfilled its responsibilities under Section 7(a)(2) of the ESA. IPAC Species in Mecklenburg County: NAME: Northern Long-eared Bat (Myotis septentrionalis) STATUS: Threatened NAME: Carolina Heelsplitter (Lasmigona decorata) STATUS: Endangered NAME: Rusty -patched bumble bee (Bombus affinis) STATUS: Endangered NAME: Michaux's sumac (Rhus michauxii) STATUS: Endangered NAME: Schweinitz's sunflower (Helianthus schweinitzii) STATUS: Endangered NAME: Smooth coneflower (Echinacea laevigata) STATUS: Endangered Effect determination (s), including no effect, for all known species/habitat, and basis for determination(s): Based on the latest version of the Natural Heritage Program's NHEO data, there are no protected species located within or in the vicinity of the action area. The Corps has determined the proposed activity will not directly or indirectly affect any species subject to the ESA. In a letter dated March 5, 2021, the USFWS stated "The information provided suggests that potential suitable habitat for the federally endangered smooth coneflower and Michaux's sumac occurs onsite. However, targeted surveys for these species conducted during their respective optimal survey windows, July 2020, detected no evidence of these species. The information provided suggests that potential suitable habitat for the federally endangered Schweinitz's sunflower occurs onsite. Targeted surveys were conducted in September of 2008, however, survey results maintain validity for no more than two years. Surveys for this species should be conducted during the optimal survey window, of late August through October (or first frost), where proposed project -mediated impacts overlap suitable habitats for these species. Please submit your survey results to this office when they become available to complete our review." The applicant conducted USFWS recommended survey of August 31, 2020 and provided the results to USFWS on May 4, 2021. The USFWS reviewed the results and stated "Based on the information provided, suitable habitat occur onsite for the federally endangered Schweinitz's sunflower, Michaux's sumac, and smooth coneflower. The applicant's May 4, 2021, email indicates that the applicant detected no evidence for Schweinitz's sunflower during the applicant's August 31, 2020 botanical evaluation. Provided that the applicant also searched for Michaux's sumac and smooth coneflower and also did not detect those species at that time, we would concur with a may affect, not likely to adversely affect determination from the USACE." 3.1.4 Consultation with either the National Marine Fisheries Service and/or the U.S. Fish and Wildlife Service was initiated and completed as required, for any determinations other than "no effect" (see the attached "Summary" sheet for begin date, end date and closure method of the consultation). The USACE reviewed this project in accordance with (IAW) the NLEB Standard Local Operating Procedures for Endangered Species (SLOPES) between the USACE, Wilmington District, and the Asheville and Raleigh U.S. Fish and Wildlife Service (Service) Offices, and determined that the action area for this project is located outside of the highlighted areas/red 12-digit HUCs and activities in the action area do not require prohibited incidental take; as such, this project meets the criteria for the 4(d) rule and any associated take is exempted/excepted. IAW the NLEB SLOPES, the USACE sent a Situation 1 email to the Service on May 26, 2021, informing them about this project. Service Concurrence: as established in the NLEB SLOPES, this project does not require prohibited intentional take of the NLEB and it meets the criteria for the 4(d) rule; therefore any associated take is exempt and it is not necessary for the USACE to wait 30 days for the Service to object or concur. Based on a review of the information above, the Corps has determined that it has fulfilled its responsibilities under Section 7(a)(2) of the ESA. 3.2 Magnuson -Stevens Fishery Conservation and Management Act, Essential Fish Habitat (EFH) The NWPs/RGPs were coordinated with the NMFS during the permit renewal process. NMFS coordination/EFH consultation is required if the activity affects SAV. This activity does not affect SAV. Therefore, NMFS coordination/EFH consultation has been completed. 3.2.1 Has another federal agency taken steps to comply with EFH provisions of Magnuson - Stevens Act? No. 3.2.2 Did the proposed project require review under the Magnuson -Stevens Act? No. 3.3 Section 106 of the National Historic Preservation Act (Section 106) 3.3.1 Section 106 permit area -The permit area includes those areas comprising waters of the United States that will be directly affected by the proposed work or structures, as well as activities outside of waters of the U.S. because all three tests identified in 33 CFR 325, Appendix C(g)(1) have been met. Final description of the permit area: All three test have been met and portions of the larger project undertaken outside of waters of the U.S. are in the permit area. Activities undertaken outside WOUS are included in the permit area because those activities are directly associated and integrally related with the authorized work and those activities would not occur but for the authorization of the work within the WOUS. 3.3.2 Has another federal agency taken steps to comply with Section 106 of the National Historic Preservation Act and completed consultation(s) as required? No. 3.3.3 Known cultural resource sites present and/or survey or other additional information needed? No. Based on the NCDCR "HPOWEB" service and aerial photographs, there are no known historic properties located in the permit area or in close proximity to the permit area. Effect determination and basis for that determination: The Corps has determined the proposed activity will have no effect on properties listed or eligible for listing in the National Register of Historic Places. In a letter to the applicant dated March 5, 2021, the NCSHPO stated "Based on input from the USACE, which determined the permit area would include only portions along the western edge of the parcel and the upland areas directly adjacent to the impact area, we have determined that these areas do not require an archaeological survey." 3.3.4 Consultation was initiated and completed as required with the appropriate agencies, tribes and/or other parties for any determinations other than "no potential to cause effects" (see the attached "Summary" sheet for consultation type, begin date, end date and closure method of the consultation). The Corps has determined that it has fulfilled its responsibilities under Section 106 of the NHPA. 3.4 Tribal Trust Responsibilities 3.4.1 Was government -to -government consultation conducted with Federally -recognized Tribe(s)? No. There are no known tribal interests in the project area. Provide a description of any consultation(s) conducted including results and how concerns about significant effects to protected tribal resources, tribal rights and/or Indian lands were addressed. The Corps has determined that it has fulfilled its tribal trust responsibilities. 3.4.2 Other Tribal including any discussion of Tribal Treaty rights? Select Yes or No. 3.5 Section 401 of the Clean Water Act — Water Quality Certification (WQC) 3.5.1 Is a Section 401 WQC required, and if so, has the certification been issued or waived? A general WQC has been issued for this permit. 3.6 Coastal Zone Management Act (CZMA) 3.6.1 Is a CZMA consistency concurrence required, and if so, has the concurrence been issued, waived or presumed? N/A, a CZMA consistency concurrence is not required. 3.7 Wild and Scenic Rivers Act 3.7.1 Is the projectlocated in a component of the National Wild and Scenic River System, or in a river officially designated by Congress as a "study river" for possible inclusion in the system? No. According to http://www.rivers.gov, the proposed project area is not within a designated or study river. 3.8 Effects on Corps Civil Works Projects (33 USC 408) 3.8.1 Does the applicant also require permission under Section 14 of the Rivers and Harbors Act (33 USC 408) because the activity, in whole or in part, would alter, occupy, or use a Corps Civil Works project? No, there are no Corps Civil Works project(s) in or near the vicinity of the proposal. 4.0 Special Conditions 4.1 Are special conditions required to ensure minimal effects, protect the public interest and/or ensure compliance of the activity with any of the laws above? No. If no, provide rationale: The terms and conditions of the general permit are sufficient to ensure no more than minimal adverse effects, and no conditions are needed for compliance with other laws or to protect the public interest. 5.0 Determination 5.1 Waiver request conclusion, if required or select N/A: N/A. 5.2 The activity will result in no more than minimal individual and cumulative adverse effects on the aquatic environment and will not be contrary to the public interest. 5.3 This activity, as described, complies with all terms and conditions of the permit identified in Section 1.5. =MEM411WO Bryan Roden -Reynolds 2022.06.09 09:08:22-04'00' Date: 6/9/2022 Bryan Roden -Reynolds U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2008-02707 County: Mecklenburg U.S.G.S. Quad: NC- Cornelius NOTIFICATION OF JURISDICTIONAL DETERMINATION Requestor: Magnolia Huntersville Development Co., LLC Stephen Vinson Address: 9525 Birkdale Crossing Drive, Suite 200 Huntersville, NC 28078 Telephone Number: 919-414-6721 E-mail: svinson(&magnoliadevco.com Size (acres) 55 Nearest Town Huntersville Nearest Waterway Ramah Creek River Basin Upper Pee Dee USGS HUC 03040105 Coordinates Latitude: 35.45090 Longitude:-80.80475 Location description: The review area is located on the south side of NC-73 (Sam Furr Road); approximately 0.4 miles west of the intersection of NC-73 and Ramah Church Road. PINs: 01107315, 01107337, 01107317, 01107322, 01107320, 01107318, 01107336, 01107319, 01126140, and 01126113 (portion). Reference review area description shown in Jurisdictional Determination Request package entitled "USGS Topographic Mad' and Dated 07/09/2020. Indicate Which of the Following Apply: A. Preliminary Determination ❑ There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The waters, including wetlands have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. The approximate boundaries of these waters are shown on the enclosed delineation map dated 7/9/2020. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. ❑ There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the waters, including wetlands have not been properly delineated, this preliminary jurisdiction determination may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an effective presumption of CWA/RHA jurisdiction over all of the waters, including wetlands at the project area, which is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters, including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. B. Approved Determination ❑ There are Navigable Waters of the United States within the above described project area/property subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ® There are waters, including wetlandson the above described project area/property subject to the permit requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ We recommend you have the waters, including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. SAW-2008-02707 ❑ The waters, including wetlands on your project area/property have been delineated and the delineation has been verified by the Corps. The approximate boundaries of these waters are shown on the enclosed delineation map dated DATE. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. ❑ The waters, including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below onDATE. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ There are no waters of the U.S., to include wetlands, present on the above described project area/property which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in Morehead City, NC, at (252) 808-2808 to determine their requirements. Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or placement of structures, or work within navigable waters of the United States without a Department of the Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Bryan Roden -Reynolds at 704-510-1440 or brvan.roden-reynolds(&u sace.army.mil. C. Basis For Determination: Basis For Determination: See the approved iurisdictional determination form dated 10/1/2020. D. Remarks: None. E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Phillip Shannin, Review Officer 60 Forsyth Street SW, Room 10M15 Atlanta, Georgia 30303-8801 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by 11/29/2020. **It is not necessary to submit an RFA form to the Division Office if y. ou donot object to the determination in this correspondence.** RODEN Digitally signed by RODEN REYNOLDS.BRYAN.KENNETH.1263385574 REYNOLDS.BRYAN.KENNETH.1263385574 Corps Regulatory Official: Date:2020.10.01 09:15:57 -04'00 Date of JD: 10/1/2020 Expiration Date of JD: 09/29/2025 SAW-2008-02707 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0 Copy furnished: Agent: Atlas Environmental, Inc. Jennifer Robertson Address: 338 S. Sharon Amity Road, #411 Charlotte, NC 28211 Telephone Number: 704-512-1206 E-mail: irobertson(&atlasenvi.com NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND [I& REQUEST FOR APPEAL Applicant: Magnolia Huntersville Develooment Co., File Number: SAW-2008-02707 Date: 10/1/2020 LLC, Stephen Vinson Attached is: See Section below INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A PROFFERED PERMIT (Standard Permit or Letter of permission) B PERMIT DENIAL C ❑X APPROVED JURISDICTIONAL DETERMINATION D ❑ PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at or http://www.usace.army.miUMissions/CivilWorks/ReaulatoryProgramandPenuits.aspx or the Corps regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. SECTION II - REQUEST FOR APPEAL 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. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision and/or the If you only have questions regarding the appeal process you may appeal process you may contact: also contact: District Engineer, Wilmington Regulatory Division Mr. Phillip Shannin, Administrative Appeal Review Officer Attn: Bryan Roden -Reynolds CESAD-PDO Charlotte Regulatory Office U.S. Army Corps of Engineers, South Atlantic Division U.S Army Corps of Engineers 60 Forsyth Street, Room 1 OM15 8430 University Executive Park Drive, Suite 615 Atlanta, Georgia 30303-8801 Charlotte, North Carolina 28262 Phone: (404) 562-5137 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 opportum to participate in all site investi ations. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: Bryan Roden -Reynolds, 69 Darlington Avenue, Wilmington, North Carolina 28403 For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Phillip Shannin, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 U.S. ARMY CORPS OF ENGINEERS REGULATORY PROGRAM APPROVED JURISDICTIONAL DETERMINATION FORM (INTERIM) ® NAVIGABLE WATERS PROTECTION RULE I. ADMINISTRATIVE INFORMATION Completion Date of Approved Jurisdictional Determination (AJD): 10/1/2020 ORM Number: SAW-2008-02707 Associated JDs: \l/A Review Area Location': State/Territory: City: Huntersville County/Parish/Borough: Mecklenburg Center Coordinates of Review Area: Latitude 35.4509C Longitude 30.80475 II. FINDINGS A. Summary: Check all that apply. At least one box from the following list MUST be selected. Complete the corresponding sections/tables and summarize data sources. J The review area is comprised entirely of dry land (i.e., there are no waters or water features, including wetlands, of any kind in the entire review area). Rationale: N/A or describe rationale ❑ There are "navigable waters of the United States" within Rivers and Harbors Act jurisdiction within the review area (complete table in Section 11.13). ❑x There are "waters of the United States" within Clean Water Act jurisdiction within the review area (complete appropriate tables in Section II.C). DX There are waters or water features excluded from Clean Water Act jurisdiction within the review area (complete table in Section II.D). B. Rivers and Harbors Act of 1899 Section 10 (§ 10)2 § 10 Name § 10 Size § 10 Criteria Rationale for § 10 Determination N/A I N/A C. Clean Water Act Section 404 Territorial Seas and Traditional Navi able Waters a 1 waters :3 a 1 Name a 1 Size a 1 Criteria Rationale fora 1 Determination Tributaries a 2 waters): (a)(2) Name (a)(2) Size (a)(2) Criteria Rationale fora 2 Determination Stream 735 linear (a)(2) Intermittent Stream CH2O0 flows south into CH2O0 feet Intermittent perennial Stream CH2O0 which continues to flow tributary south and offsite. contributes surface water flow directly or indirectly to an (a)(1) water in a typical year. Stream 2,156 linear (a)(2) Perennial Perennial Stream CH2O0 flows south and CH2O0 feet tributary continues offsite. ' Map(s)/figure(s) are attached to the AJD provided to the requestor. ' If the navigable water is not subject to the ebb and flow of the tide or included on the District's list of Rivers and Harbors Act Section 10 navigable waters list, do NOT use this document to make the determination. The District must continue to follow the procedure outlined in 33 CFR part 329.14 to make a Rivers and Harbors Act Section 10 navigability determination. s A stand-alone TNW determination is completed independently of a request for an AJD. A stand-alone TNW determination is conducted for a specific segment of river or stream or other type of waterbody, such as a lake, where upstream or downstream limits or lake borders are established. A stand-alone TNW determination should be completed following applicable guidance and should NOT be documented on the AJD Form. Page 2 of 2 Form Version 10 June 2020 updated U.S. ARMY CORPS OF ENGINEERS REGULATORY PROGRAM APPROVED JURISDICTIONAL DETERMINATION FORM (INTERIM) ® NAVIGABLE WATERS PROTECTION RULE Tributaries a 2 waters): (a)(2) Name (a)(2) Size (a)(2) Criteria Rationale fora 2 Determination contributes surface water flow directly or indirectly to an (a)(1) water in a typical year Stream 1,708 linear (a)(2) Perennial Perennial Stream CH100 flows south into Stream CH100 feet tributary CH2O0 which continues to flow south and offsite. contributes surface water flow directly or indirectly to an (a)(1) water in a typical year Lakes and ponds, and impoundments of jurisdictional waters ((a)(3 waters): a 3 Name a 3 Size a 3 Criteria Rationale fora 3 Determination N/A N/A I N/A. Adjacent wetlands ((a)(4) waters): (a)(4) Name (a)(4) Size (a)(4) Criteria Rationale fora 4 Determination Wetland 0.009 acre(s) (a)(4) Wetland Wetland WL2100 is a floodplain wetland that WL2100 abuts an (a)(1)- abuts intermittent Stream CH2O0. (a)(3) water. Wetland 0.007 Acre(s) (a)(4) Wetland Wetland WL2000 is a floodplain wetland that WL2000 inundated by abuts intermittent Stream CH2O0. flooding from an (a)(1)-(a)(3) water in a typical year. D. Excluded Waters or Features Excluded waters ((b)(1) — (b)(12)):4 Exclusion Name Exclusion Size Exclusions Rationale for Exclusion Determination Open Water P1 0.077 acre(s) (b)(8) Artificial During a site visit (09/23/2020) it was lake/pond determined Open Water P1 was constructed constructed or in uplands and its only connection to excavated in downstream waters was through overland upland or a non- sheetflow. jurisdictional water, so long as the artificial 4 Some excluded waters, such as (b)(2) and (b)(4), may not be specifically identified on the AJD form unless a requester specifically asks a Corps district to do so. Corps districts may, in case -by -case instances, choose to identify some or all of these waters within the review area. s Because of the broad nature of the (b)(1) exclusion and in an effort to collect data on specific types of waters that would be covered by the (b)(1) exclusion, four sub- categories of (b)(1) exclusions were administratively created for the purposes of the AJD Form. These four sub -categories are not new exclusions, but are simply administrative distinctions and remain (b)(1) exclusions as defined by the NWPR. Page 2 of 2 Form Version 10 June 2020 updated U.S. ARMY CORPS OF ENGINEERS REGULATORY PROGRAM APPROVED JURISDICTIONAL DETERMINATION FORM (INTERIM) NAVIGABLE WATERS PROTECTION RULE Excluded waters b 1 — b 12 :4 Exclusion Name Exclusion Size Exclusions Rationale for Exclusion Determination lake or pond is not an impoundment of a jurisdictional water that meets (c)(6). III. SUPPORTING INFORMATION A. Select/enter all resources that were used to aid in this determination and attach data/maps to this document and/or references/citations in the administrative record, as appropriate. ❑x Information submitted by, or on behalf of, the applicant/consultant: Multiple unnumbered figures. This information Select. sufficient for purposes of this AJD. Rationale: N/A or describe rationale for insufficiency (including partial insufficiency). ❑ Data sheets prepared by the Corps: Title(s) and/or date(s). ❑x Photographs: Aerial and Other: Aerial Imagery (ESRI Aerial Imagery) and Photographs 1-10 ❑x Corps site visit(s) conducted on: 09/23/2020 ❑ Previous Jurisdictional Determinations (AJDs or PJDs): ORM Number(s) and date(s). ❑x Antecedent Precipitation Tool: provide detailed discussion in Section 111.B. ❑x USDA NRCS Soil Survey: Soil Map (Web Soil Survey of Mecklenburg County) ❑x USFWS NWI maps: NWI Map (USFWS NWI Mapper) ❑x USGS topographic maps: USGS Topographic Map (1:24,000 Cornelius, NC) Other data sources used to aid in this determination: Data Source select Name and/or date and other relevant information JSGS Sources Ni/Q USDA Sources USGS Topographic Ma 1:24,000 Cornelius, NC NOAA Sources N/A. USACE Sources N/A. State/Local/Tribal Sour Other Sources Aquatic Resource Sketch Maps, Sheets 1-5 (Dated 07/24/2020), FEMA National Flood Hazard Layer Map, and NCDWQ Stream Identification Forms, Version 4.11 (Dated 07/06/2020) B. Typical year assessment(s): The consultant (i.e., Atlas Environmental) conducted a site evaluation on 05/14/2020. The Antecedent Precipitation Tool (APT) was used for this date and determined the site was under normal conditions. The Corps conducted a site visit on 09/23/2020. The APT was used for this dated and determined the site was under normal conditions. C. Additional comments to support AJD: See Section II(D), Excluded Waters or Features for further explanation on Excluded Wetlands A, B, and L and Open Water P1. 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