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HomeMy WebLinkAbout20150996 Ver 1_401 Application_20150915�) cws Carolina Wetland Services Carolina Wetland Services, Inc. 550 East Westinghouse Boulevard Charlotte, NC 28273 704 -527 -1177 - Phone PA P 704 -527 -1133 - Fax TO: Ms. Karen Higgins NCDWR —NC DWR, 401 & Buffer Permitting Unit 512 N. Salisbury St 9th Floor, Archdale Building Raleigh NC 27604 Date: CWS Project # LETTER OF TRANSMITTAL WE ARE SENDING YOU: ®Attached ❑Under separate cover via 9/21/2015 2015 -3598 20150996 R. R@W1P.1FR 1 0 SEP 2 5 2015 D E N R - WATER RESOURCES 401 & BUFFER PERMITTING the following items: ® Prints ❑ Plans ❑ JD Package ❑ Specifications ❑ Copy of letter ❑ Change order ❑ Wetland Survey ® Other IF ENCLOSURES ARE NOT AS NOTED, KINDLY NOTIFY US AT ONCE •� 9/21/2015 5 1 Application for WQC 3890 2 9/21/2015 1 Application Fee ($240) THESE ARE TRANSMITTED as checked below: ®For approval ❑Approved as submitted ❑Resubmit copies for approval ®For your use ❑Approved as noted ❑Submit copies for distribution ❑As requested ❑Returned for corrections ❑Return corrected prints ❑For review and comment ❑For your verification and signature REMARKS: Karen, Please find attached five copies of the Pre - Construction Notification and application for WOC 3890 for the Star City Tract proiect. A check for the application fee of $240 is also attached. Copy to: File Thank you, zzrl L.'A'�� Gregg Antemann, PWS Principal Scientist NORTH CAROLINA • SOUTH CAROLINA Preliminary ORM Data Entry Fields for New AcUp"IspAID SAW — 201 BEGIN DATE [Received Date]: 20 56996 Prepare file folder F1 Assign Action ID Number in ORM FI 1. Project Name [PCN Form A2a]: Star City Tract 2. Work Type: Private Fv_71 Institutional F-1 Government F1 Commercial 11 3. Project Description / Purpose [PCN Form 133d and 63e]: The purpose of this project is to develop approximately 39 acres of property into a single -and multi - family residential subdivision. 4. Property Owner/ Applicant [PCN Form A3 or A4]: Crescent Communities; POC: Mr. Michael Tubridy 5. Agent / Consultant [PCN Form A5 —or ORM Consultant ID Number]: CWS; POC: Mr. Gregg Antemann, PWS 6. Related Action ID Number(s) [PCN Form 65b]: 7. Project Location - Coordinates, Street Address, and /or Location Description [PCN Form 131b]: Located south of Tilley Morris Road and east of Providence Road in Charlotte, North Carolina 8. Project Location -Tax Parcel ID [PCN Form 61a]: 231 - 131 -05 Lq9. Project Location — County [PCN Form A2b]: Mecklenburg 10. Project Location — Nearest Municipality or Town [PCN Form A2c]: Charlotte 5 r�r_D 2 2015 "'IT 11. Project Information — Nearest Waterbody [PCN Form 132a]: Six Mlle Creek �= BUFFER OURCES J 12. Watershed / 8 -Digit Hydrologic Unit Code [PCN Form 132c]: Santee (HUC 03050101) Authorization: Section 10 F-1 Section 404 7 Section 10 & 404 Regulatory Action Type: Standard Permit ✓ Nationwide Permit # 29 Regional General Permit # Jurisdictional Determination Request Pre - Application Request Unauthorized Activity Compliance No Permit Required Revised 20150602 `II ))CWS Carolina Welland Services September 21, 2015 Mr. William Elliott U.S. Army Corps of Engineers 151 Patton Avenue Asheville, NC 28801 550 E WESTINGHOUSE BLVD. CHARLOTTE, NC 28273 866 - 527 -1177 (office) 704 - 527 -1133 (fax) Ms. Karen Higgins NCDWR, 401 & Buffer Permitting Unit 512 N. Salisbury Street, 9th Floor Raleigh, NC 27604 Subject: Pre - Construction Notification Pursuant to Nationwide Permit No. -29 and Water Quality Certification No. 3890 Star City Tract Charlotte, North Carolina CWS Project No. 2015 -3598 Dear Mr. Elliott and Ms. Higgins: The Star City Tract site is approximately 39.4 acres in extent and is located south of Tilley Morris Road and east of Providence Road in Charlotte, North Carolina (Figure 1. attached). The purpose of this project is to develop a residential subdivision in a developing area of Charlotte. Crescent Communities has contracted Carolina Wetland Services to provided Section 404/401 permitting services for this project. An executed Agent Authorization Form is attached. Applicant Name: Crescent Communities; POC: Mr. Michael Tubridy Mailing Address: 227 West Trade St., Suite 1000, Charlotte, NC 28202 Phone Number of Owner /Applicant: (980) 321 -6247 Street Address of Project: south of Tilley Morris Road and east of Providence Road in Charlotte, North Carolina Waterway: UT to Six Mile Creek Basin: Santee (HUC 03050101) City: Charlotte County: Mecklenburg Tax Parcel ID numbers: 231 - 131 -05 (partial parcel) Decimal Degree Coordinate Location of Project Site: 35.052847, - 80.763017 USGS Quadrangle Name: Weddington, NC, dated 1988 Site Conditions The site consists of an undeveloped forested parcel. Typical on -site vegetation includes tulip poplar (Liriodendron tulipifera), eastern red cedar (Juniperus virginiana), red maple (Acer rubrum), sweetgum (Liquidambar styraciva), loblolly pine (Pinus taeda), sawtooth blackberry (Rubus argutus), and autumn olive (Elaeagnus umbellata). NORTH CAROLINA . SOUTH CAROLINA WWW.CWS- INC.NET Star City Tract September 21, 2015 Pre - Construction Notification to Nationwide Permit No. 29 and WOC 3890 CWS Proiect No. 2015 -3598 According to the Soil Survey of Mecklenburg County' (Figures 3 and 4, attached), on -site soils consist of Davidson sandy clay loam, 2 to 8 percent slopes (DaB), Davidson sandy clay loam, 8 to 15 percent slopes (DaD), Davidson sandy clay loam, 15 to 25 percent slopes (DaE), Iredell fine sandy loam, 1 to 8 percent slopes (IrB), Mecklenburg fine sandy loam, 2 to 8 percent slopes (MeB), Monacan soils (MO), and Pacolet sandy loam, 15 to 25 percent slopes (PaE). The Davidson, Mecklenburg, and Pacolet soils are well drained. Iredell soils (IrB) are moderately well drained, and Monacan soils are somewhat poorly drained. Monacan soils are listed in the North Carolina Hydric Soils List for Mecklenburg County as having hydric inclusions. Iredell fine sandy loam, l to 8 percent slopes (IrB) and Monacan Soils are listed as a hydric soil (hydric criteria 2133, 4) on the National Hydric Soils List for Mecklenburg County.' Jurisdictional Delineation On August 29, 2013, CWS scientists Thomas Blackwell, Professional Wetland Scientist (PWS) and Kelly Thames, Wetland Professional in Training (WPIT) delineated jurisdictional waters of the U.S., including wetlands, within the project area (Figure 5, attached). Jurisdictional areas were delineated (flagged in the field) using the U.S. Army Corps of Engineers (USAGE) Routine On -Site Determination Method. This method is defined in the 1987 Corps of Engineers Wetlands Delineation Manual4, the 2007 USACE Jurisdictional Determination Form Instructional Guidebooks, with further technical guidance from the Eastern Mountains & Piedmont Regional Supplement6, dated April 2012. A Wetland Determination Data Form representative of on -site wetland areas is attached as DPI. A Wetland Determination Data Form representative of on -site non jurisdictional upland areas is attached as DP2. The locations of these data points are identified as DPI and DP2 on Figure 5 (attached). Jurisdictional stream channels were classified according to recent USACE and North Carolina Division of Water Resources (NCDWR) guidance. These classifications included sampling with a D- shaped dip net, taking photographs, and defining approximate breakpoints (location at which a channel changes classification) within each on -site stream channel. On April 8, 2015, CWS scientists Ahisa Harjuniemi, WPIT, and Ben McGuire, Staff Scientist 1, re- reviewed this jurisdictional delineation. The jurisdictional limits did not change. Results The results of the on -site field investigation conducted by CWS indicate that there is one jurisdictional wetland area (Wetland AA) located within the project area (Figure 5, attached). On -Site jurisdictional waters drain to Six Mile Creek. Six Mile Creek is part of the Santee River basin (HUC 03050103)' and is rated "Class C Waters" by the NCDWR. According to the NCDWR, Class C Waters are defined as: "Waters protected for uses such as secondary recreation, fishing, wildlife, fish consumption, aquatic life including propagation, survival and maintenance of biological integrity, and agriculture." On -Site jurisdictional waters of the U.S. total approximately 0.16 acre of jurisdictional wetland area. On- Site jurisdictional waters of the U.S. are summarized in Table 1, next page. United States Department of Agriculture (USDA), 2013 Soil Survey of Mecklenburg County, North Carolina 2 United States Department ofAgriculture — Natural Resources Conservation Service, 1999 North Carolina Hydric Soils List, USDA -NRCS North Carolina State Office, Raleigh USDA -NRCS Hydric Sods List, http //sods usda gov /use /hydric /lists /state html, updated April 2012 ° Environmental Laboratory 1987 "Corps of Engineers Wetlands Delineation Manual ", Technical Report Y -87 -1, US Army Engineer Waterways Experiment Station, Vicksburg, Mississippi s USACE Jurisdictional Determination Form Instructional Guidebook 2007 USACE Regulatory National Standard Operating Procedures for conducting an approved Jurisdictional determination (JD) and documenting practices to support an approved JD USACE Headquarters, Washington, DC 'US Army Corps of Engineers, April 2012 Regional Supplement to the Corps of Engineers Wetland Delineation Manual Eastern Mountains and Piedmont Region US Army Engineer Research and Development Center, Vicksburg, Mississippi "HUC° is the Hydrologic Unit Code US Geological Survey, 1974 Hydrologic Unit Map, State of North Carolina 2 Star City Tract September 21, 2015 Pre - Construction Notification to Nationwide Permit No. 29 and WOC 3890 CWS Proiect No. 2015 -3598 Table 1. Summary of on -site jurisdictional waters of the U.S. jiirisdicfionaf 7 g ?USACE/EP•A Rapaniis `- - `�`.:' , t r 'Data <Potnt;(Dp),i 'µ =Feature' Glassification.'M ±_ `,,. ';Acrea Wetland AA Directly Abutting RPW DPI 0.16 Wetland Total: 0.16 ac. Jurisdictional Waters of the U.S Total I 0.16 ac. Wetlands The USACE and the Environmental Protection Agency (EPA) define wetlands as: "Those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions."' The USACE uses three parameters to identify jurisdictional wetlands. These parameters are as follows: 1) Hydrophytic Vegetation, 2) Wetland Hydrology, and 3) Hydric Soils. Except in certain atypical situations, all three parameters must be present in order for an area to be determined to be a jurisdictional wetland. This section describes each on -site jurisdictional wetland and the field observations that led to their determinations. Wetland AA is approximately 0.16 acre in extent and is a forested wetland (PF019). Wetland AA is determined to be directly abutting a perennial RPW outside the project limits (Figure 5, attached). Wetland AA exhibited low chroma soils (7.5YR 4/2) with many distinct mottles (2.5YR 3/6). Dominant vegetation includes red maple, green arrow arum (Peltandra virginica), and sedges (Carex spp.). A Wetland Determination Data Form representative of Wetland AA is attached as DPI. Photographs A and B (Figure 5, attached) are representative of Wetland AA. Agency Correspondence Cultural Resources A letter was forwarded to the State Historic Preservation Office (SHPO) on September 8, 2015 to determine the presence of any areas of architectural, historic, or archaeological significance that would be affected by the project. As of the date of submittal, no response has been received from the SHPO. CWS also consulted the SHPO online GIS service10 and the Charlotte Mecklenburg Historic Landmarks Commission" database and found no sites of architectural, historical, or archaeological significance within the project limits. Protected Species CWS performed a data review using North Carolina Natural Heritage Program (NCNHP) Data Explorer 12 on September 8, 2015 to determine the presence of any federally - listed, candidate endangered, threatened species or critical habitat located within the project area. Based on this review, there are no records of federally - protected species within the project limits. Within a mile of the project site there is a historical record of a Michaux's sumac (Rhus michauxii). A copy of the data review report is attached. 'Env i ronmental Laboratory 1987 "Corps of Engineers Wetlands Delineation Manual ", Technical Report Y -87 -1, US Army Engineer Waterways Experiment Station, Vicksburg, Mississippi 9PF01 = Broad - leaved deciduous forested wetland, Cowardm et al Classification System, 1979 10 North Carolina State Historic Preservation Office, http //gis ncdcr gov /hpoweb/ Accessed June 15, 2015 "Charlotte Mecklenburg Historic Landmarks Commission, http //www cmhpf org/homehistoncproperties him Accessed September 8, 2015 12 North Carolina Natural Heritage Data Explorer, https Hncnhde natureserve org/ 3 Star City Tract September 21, 2015 Pre - Construction Notification to Nationwide Permit No. 29 and WOC 3890 CWS Proiect No. 2015 -3598 Additionally CWS was contracted to conduct a protected species survey within the project limits. ThiE survey included the entire parcel no. 231 - 131 -05 and the project was formerly known as "Providence Farms ". CWS scientists Gregg Antemann, PWS, and Aliisa Harjuniemi, WPIT, conducted an assessment of the project area on May 13, 2015. Transects were surveyed in areas identified as potential habitat for possible protected species located in the area (Michaux's sumac [Rhus michauxii], Schweinitz's sunflower [Helianthus schweinitzii], Carolina heelsplitter [Lasmigona decorata], and Georgia aster [Symphyotrichum georgianum]). The survey determined that none of the aforementioned protected species occur within the Star City Tract project limits. A copy of the Protected Species Assessment report for the Star City Tract project, formerly known as "Providence Farms ", is attached. The Northern long -eared bat (Myotis septentrionalis) is one of the species of bats most impacted by the white -nose syndrome disease. Habitat for the Northern long -eared bat includes forested areas of any age, rocky areas with boulders, and culverts greater than four feet wide. Due to recent population declines of almost 89% caused by white -nose syndrome and continued spread of the disease, the Northern long -eared bat now receives protection as a Threatened species under the Endangered Species Act. A Threatened species is defined as a taxon likely to become endangered within the foreseeable future throughout all or a significant portion of its range13. The U.S. Fish and Wildlife Service (USFWS) is requesting the documentation of amount of wooded acres cleared in connection with any construction project that takes place within any county shown on the June 30, 2015 White -Nose Syndrome Buffer Zone Map, attached. This project takes place within the Northern long -eared bat habitat range. Due to the nature of this subdivision construction project, approximately 39.4 acres of wooded area will be cleared for this project and may trigger the need for a bat survey. Please note that no physical surveying for potential habitat within this project has been included in this scope at this time. Purpose and Need for the Project The purpose of this project is to develop approximately 39.4 acres of property into a single- and multi- family subdivision located in South Charlotte (Figure 6, attached). South Charlotte is experiencing rapid population growth due its proximity to Waxhaw, Monroe, Indian Land, and Fort Mill and there is a need for residential housing in order to meet the current demand. This project is not a phased project and potentially adjoining development projects are all owned by individuals and /or companies not associated with the Star City Tract project. Avoidance and Minimization Impacts to on -site jurisdictional waters of the U.S. have been reduced to the maximum extent practicable. This site was chosen for the project due its minimal impacts to jurisdictional waters of the U.S. Proper sediment and erosion control measures will be used to minimize disturbances to downstream waters. Construction activities and impacts to on -site jurisdictional waters project will comply with all conditions of Nationwide Permit 29 and Water Quality Certification No. 3890. All work will be constructed in the dry. Impacts have been limited to less than less than 0.5 acre of wetland and no impacts to jurisdictional streams are proposed. In an attempt to minimize impacts to jurisdictional waters while still meeting the goals of the project, a "No Build" alternative was considered. The property was purchased for the purpose of providing residential housing to meet the growth and demand of an area in South Charlotte experiencing significant population growth. A "No Build" option would not meet the project goals of providing necessary housing to meet the current demand. Therefore, the No -Build Alternative was eliminated from further consideration. USFWS 1973 Endangered Species Act http //www fws gov /endangered /laws - policies/ 4 Star City Tract September 21, 2015 Pre - Construction Notification to Nationwide Permit No. 29 and WOC 3890 CWS Proiect No. 2015 -3598 The original plan was to develop the entire parcel no. 231- 131 -05. However, to avoid the wetland impacts to the maximum extent practicable, the Star City Development Company decided to purchase and divide the parcel in half and develop only the western portion of the aforementioned parcel. Proposed impacts for this project are minimal. Proposed Impacts to Jurisdictional Waters Unavoidable impacts associated with the construction of the Star City Tract project include approximately 0. 16 acre of permanent impacts to a jurisdictional wetland (Figure 6, attached). Proposed impacts are summarized in Table 2. Wetland Impacts Proposed impacts to jurisdictional wetlands total 0.16 acre. Permanent impacts to Wetland AA (0.16 acre) are the result of placement of fill in Wetland AA in order grade residential lots and construct a road access (Figure 6, attached). Placement of fill in Wetland AA is necessary in order to complete the subdivision and provide sufficient access for emergency vehicles throughout the development. Wetland AA bisects the northeastern portion of the property. Therefore, alternative options for road access while avoiding Wetland AA are limited. Tile drains will be installed to direct the groundwater flow and proper sediment and erosion control measures will be used to minimize disturbances to downstream waters. Table 2. Proposed im acts to jurisdictional waters of the U.S. '• �;� #' Temporaryµ Impacts ,... `' Jurisdictional' ` 't: • NWP` ` Y ,x ^ 4� 4In- acts:.« r P ..t., InipactaTYpe ., �. �.ti•.`..or• t, > €7�r(linear ,,,, / . {- Featuref,,l ,'ji« .r #,_ _• ^ }„ `'i, NO .,�, .. .r �MldCl°C). ya -:.• ,lPeriA nent;; , feet)s,;; :• .� ': fug «'.0 ''�, �` Wetland AA Fill 29 Permanent -- 0.16 To` tahiPeriiianent :Wetland44acts;,,':;- „,. ^'u,r; -•a, • x Or1i6 ;acre a �,.:._a ��. _. _:.TM..Y:f x _ _st �a`;4:'r ,Rm, *.k .3-. °•S #'. % &.� `r WNH6 k_ k4' «i«. a ZA 'i � •J� y #e?�. xi: ., v' -i • v`: I�,'13 ^` nia r�, «, �,,'-aa §3 ;. F:Fy"% U .�t�.i'. r q, � n -�.' «.° fit: ji Y, tF�': "� ( #��:^'�`*.-' €9 ' {'� l.- . I. Tofa1 Impacts tajurisdictional�Wafecs.of ttie:•U:tlS ", "ta = Ot`16'`acre On behalf of Crescent Communities CWS is submitting a Pre - Construction Notification Application with attachments in accordance with Nationwide Permit General Condition No. 31, and pursuant to Nationwide Permit No. 29 and Water Quality Certification No. 3890. Compensatory Mitigation As permanent wetland impacts total to greater than 0.10 acre, compensatory mitigation is required. There are currently no mitigation banks available for the purchase of mitigation credits in the project's service area. Proposed impacts requiring mitigation total 0.16 acre of permanent wetland impact. Star City Development Company, Inc. proposes to mitigate for the permanent wetland impacts (0.16 acre) at a 1:1 ratio through the purchase of 0.25 acre wetland mitigation credits from the NC Division of Mitigation Services (DMS). The wetland mitigation is proposed at a 1:1 ratio due to the relatively low quality of Wetland AA (Photographs A and B). Star City Tract September 21, 2015 Pre - Construction Notification to Nationwide Permit No. 29 and WOC 3890 CWS Proiect No. 2015 -3598 Please do not hesitate to contact me at 704 - 408 -1683, or through email at gregg @cws- inc.net should you have any questions or comments regarding this request. Sincerely, 1 C_ ' Gregg Antemann, PWS Professional Wetland Scientist oOtAQV9111ep %V E 74,q ' OBB �q'w Oa ��ooaos. Q O� Id0.0001 r o°c GREM fa� ww"� Kelly Thames, WPIT Project Manager Attachments: Figure 1. USGS Site Location Map Figure 2. Aerial Imagery Map Figure 3. Current USDA -NRCS Mecklenburg County Soil Survey Figure 4. Historic USDA -NRCS Mecklenburg County Soil Survey Figure 5. Approximate Jurisdictional Boundary Field Map (Photographs A -B) Figure 6. Proposed Impacts Agent Authorization Form Preliminary JD Form Pre - Construction Notification Pursuant to Nationwide Permit No. 29 Routine Wetland Determination Data Forms (DP I -DP2) Agency Correspondence Protected Species Assessment Report DMS Approval Letter cc: Mr. Michael Tubridy, Crescent Communities. Mr. Nate Doolittle, P.E., LandDesign � I mey Morris Road VV Providence Road XI 02 7 Legend Proiect Limits 2,000 1,000 0 2,000 Feet 'EF ERENCE: LISGS 7.5 MINUTE TOPOGRAPHIC MAP SERIES, VVEDDINGTON DATED 1998 FIGURE NO. USGS Site Location Map SCALE. 111 20001 DAT E 9-8-15 Star City Tract CWS PROJECT NO DRAWN BY: AVH III Cws 2015-3598 Charlotte, North Carolina C­'in V�*flw S.— APPLICANT NO: bHECKED BY ~^ ~- | | n'uJooS�s Qr . .rte 1 r f 1 w . 1 t .a. • • 1' +i i r t REFERENCE: BACKROUND AERIAL IMAGERY PROVIDED BY ESRI, ACCESSED 2015. 0 WRIO-P, i t a ♦; I • b i 1® Va O CeB2 I IrB M Providence Road MeB or 71 HeB HeB MeB MeD IrB MeB PaE HeB I 1 1485 PaE CeD2 f� PaE wr MeD IrB Legend Soil Unit - Description DaB - Davidson sandy clay loam, 2 -8% slopes I DaD - Davidson sandy clay loam, 8 -15% slopes L�J Project Limits DaE - Davidson sandy clay loam, 15 -25% slopes MeB - Mecklenburg fine sandy loam, 2 -8% slopes Roads Mo - Monocan loam, 0 -2% slopes, frequently flooded e PaE - Pacolet sandy loam, 15 -25% slopes w - 1,000 500 0 1,000 Feet REFERENCE: USDA -NRCS SOIL SURVEY OF MECKLENBURG COUNTY, DATED 2014. FIGURE NO. Current SCALE 111 10001 DATE: 9 -8 -15 USDA-NR CS Soil Survey Map CWS PROJECT NO DRAWN BY: 3 Star City Tract �� CWS I 2015 -3598 AVH Charlotte, North Carolina c.,dinawenanesevkes APPLICANT NO CHECKED BY' CWS Project No. 2015 -3598 WWW.CWS- INC.NET I KMT IA M O MOB C882 ► rH Tilley Morris Road Mai He U He9 Ira CeB2 CeD2 Mel? Ni e$ I03 Providence Road a 1 r8 1 rB I rB eD \`� BUD Ce Z � � ..0 , PaE MO Da DaB 4 CeD2 DaE PaE 1 IrB ' 0 Ce1 DaD PaE DaB DaD DaD Dab Me8 �~ I r6 Soil Unit - Description DaB DaB - Davidson sandy clay loam, 2 -8% slopes Q DaD - Davidson sandy clay loam, 8 -15% slopes DaE - Davidson sandy clay loam, 15 -25% slopes Legend MeB - Mecklenburg fine sandy loam, 2 -8% slopes CeD2 Mo - Monocan loam, 0 -2% slopes, frequently flooded PaE - Pacolet sandy loam, 15 -25% slopes Project Limits (MeB) 1 1,000 500 0 1,000 Feet rI REFERENCE: USDA -NRCS HISTORICAL SOIL SURVEY OF MECKLENBURG COUNTY, SHEETS 12 8 13, DATED 1976. Y B 1/ I V / \ P w A" 1 I yr l� �i FIGURE NO. Historical USDA -NRCS SCALE: I° 1 .1 000 , DATE: 9-8-15 Soil Survey Map 1 I CWS PROJECT NO DRAWN BY: 4 Star City Tract J ��� I 2015 -3598 AVH Charlotte, North Carolina CaainawetlendS"_' APPLICANT NO CHECKED BY \\ CWS Project No. 2015 -3598 WWW.CWS- 1NC.NET 1 KNIT NOTE: JURISDICTIONAL WATERS OF THE U.S. WERE DELINEATED (FLAGGED IN THE FIELD), CLASSIFIED, AND MAPPED WITH A SUBFOOT TRIMBLE GPS BY CWS, INC. ON AUGUST 29, 2013. JURISDICTIONAL FEATURES HAVE NOT BEEN VERIFIED BY THE USACE. REFERENCE: BACKGROUND GIS LAYERS PROVIDED BY MECKELNBRUG COUNTY GIS DEPARTMENT, DATED 2012. STREAM AND WETLAND LAYERS GENERATED BY CWS, INC., DATED AUGUST 2013. hWh,-A -approx. U.16 acre \e g, \\ N Legend a Project Limits i Wetlands Streams 0 Buildings Roads 0 Parcels •Dry Data Point 600 300 0 600 Feet U-) _ F- o Q Y d) m w w Y Q K S O � U 0 LO O L0 M r' op z .— N o w r- p z w a U U S a v U ¢ W Z V I V) sZ RS 'C Gz. L CG t� � N t p L d y L � R L Ci v c� �C 0 L R. G i FIGURE NO. { 1 —�\ XI I LandDesign. I \ � i CEO 1 / \ " \InC AX PARCEL 231- 31 -07A \ V \, SOUS WAVERLY DEVELOPMENT \ "'k D.B. 29441, PG. 67 f�\ 8 \ Bol Id ate- \ Ar p0' 1PROPOSED WETLANUIMPACT -1-0.16 ACRE PERMANENT IMPACT (FILL) J 0.163 ACRES OF - - _ DISTURBED \ \ O%If1ATEEY 031 AC r - YhTLM1D D6TURBANCE � - / !: �- - - — AA �l � � V A pusnNC it cnuD 35' FASEMEM 1 TAX PARCEL 231.231 -17 l r / D.B. 29141, PG. 658 j 1 ! / / - r COMMUNfR FNCROACHM[NT MFA� \ I \. •� III I I TAX PARCEL 231 -31 -11 \ I I SHILOH LLC _ 1 I I 295.66 ACf — — c / �) } • I �� \ FNRVItt FN(TOACMMEM UNE \ \�\ - 111. � \ \\ 1 fEW. R�19DfRMGFU �- �,1 \'•' � \1 `' STAR CITY TRACT - PROPOSED IMPACTS CHARLOTTE, NORTH CAROLINA SEPT. I ITH. 2015 LDI# 1015067 FIGURE 6 AGENT CERTIFICATION OF AUTHORIZATION I, Michael Tubridy representing Crescent Resources, Inc., hereby certify that C have authorized Gregg Antemann of Carolina Wetland Services, Inc. to act on my behalf and take all actions necessary to the processing, issuance, and acceptance of this request for wetlands determination / permitting and any and all standard and special conditions attached. We hereby certify that the above information submitted in this application is true and accurate to the best of our knowledge. C. App lican signatur Agents signature Date Date 9/18/15 Completion of this form will allow the agent to sign all future application correspondence. ATTACHMENT A PRELIMINARY JURISDICTIONAL DETERMINATION FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PRELIMINARY JURISDICTIONAL DETERMINATION (JD): 9/21/2015 B. NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD: Gregg Antemann 550 E Westinghouse Blvd., 28273, Charlotte, NC C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: Located south of Tilley Morris Road and east of Providence Road in Charlotte, North Carolina (USE THE ATTACHED TABLE TO DOCUMENT MULTIPLE WATERBODIES AT DIFFERENT SITES) State: NC County /parish /borough: Mecklenburg City: Charlotte Center coordinates of site (lat/long in degree decimal format): Lat. 35.052847 °N; Long. 80.763017 0W. Universal Transverse Mercator: NAD83 Name of nearest waterbody: six Mile Creek Identify (estimate) amount of waters in the review area: Non - wetland waters: 0 linear feet: width (ft) and /or 0 acres. Cowardin Class: Stream Flow: Wetlands: 0.16 acres. Cowardin Class: PF01 Name of any water bodies on the site that have been identified as Section 10 waters: Tidal: Non - Tidal: E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑ Office (Desk) Determination. Date: Field Determination. Date(s): August 29, 2013 & April 8, 2015 SUPPORTING DATA. Data reviewed for preliminary JD (check all that apply - checked items should be included in case file and, where checked and requested, appropriately reference sources below): ❑✓ Maps, plans, plots or plat submitted by or on behalf of the applicant /consultant: 0 Data sheets prepared /submitted by or on behalf of the app ' nt/consultant. 'H Office concurs with data sheets /delineation report. Office does not concur with data sheets /delineation report. ❑ 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 0 U.S. Geological Survey map(s). Cite scale & quad name: 1:24,000, Weddington, NC (1988) USDA Natural Resources Conservation Service Soil Survey. Citation: Mecklenburg County Soil Survey ❑ National wetlands inventory map(s). Cite name: ❑ State /Local wetland inventory map(s): ❑ FEMA/FIRM maps: ❑ 100 -year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929) ❑✓ Photographs: 0 Aerial (Name & Date): Esri, accessed 2015 or Other (Name & Date): Site photographs of the wetland ❑ Previous determination(s). File no. and date of response letter: ❑ Other information (please specify): 0) 1. The Corps of Engineers believes that there may be jurisdictional waters of the United States on the subject site, and the permit applicant or other affected party who requested this preliminary JD is hereby advised of his or her option to request and obtain an approved jurisdictional determination (JD) for that site. Nevertheless, the permit applicant or other person who requested this preliminary JD has declined to exercise the option to obtain an approved JD in this instance and at this time. 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 approved JD for the activity, the permit applicant is hereby made aware of the following: (1) the permit applicant has elected to seek a permit authorization based on a preliminary JD, which does not make an official determination of jurisdictional waters; (2) that the applicant has the option to request an approved JD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an approved JD could possibly result in less compensatory mitigation being required or different special conditions; (3) that 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) that 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) that undertaking any activity in reliance upon the subject permit authorization without requesting an approved JD constitutes the applicant's acceptance of the use of the preliminary JD, but that either form of JD will be processed as soon as is practicable; (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 preliminary JD constitutes agreement that all wetlands and other water bodies on the site affected in any way by that activity are jurisdictional waters of the United States, and precludes 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 approved JD or a preliminary JD, that JD will be processed as soon as is practicable. Further, an approved JD, 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, and that in any administrative appeal, jurisdictional issues can be raised (see 33 C.F.R. 331.5(a)(2)). If, during that administrative appeal, it becomes necessary to make an official determination whether CWA jurisdiction exists over a site, or to provide an official delineation of jurisdictional waters on the site, the Corps will provide an approved JD to accomplish that result, as soon as is practicable. This preliminary JD finds that there "maybe" waters of the United States on the subject project site, and identifies all aquatic features on the site that could be affected by the proposed activity, based on the following information: IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for later iurisdictional determinations. Signature and date of Regulatory Project Manager (REQUIRED) 4 Signature and date of, person requesting preliminary JD (REQUIRED, unless obtaining the signature is impracticable) 9/21/15 Site Latitude Longitude Cowardian Number Class Wetland AA N35.052847° W80.7630171 PFO1 Estimated Amount of Aquatic Resource in Review Area 0.16 acre Class of Aquatic Resource non - section 10 -- wetland Op W A TEA It El 1. Processing Office Use Only: Corps action ID no. DWQ project no. Form Version 1.3 Dec 10 2008 Pre - Construction Notification (PCN) Form A. Applicant Information 1a. Type(s) of approval sought from the Corps: ®Section 404 Permit El Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: 29 or General Permit (GP) number: 1c Has the NWP or GP number been verified by the Corps? ❑ Yes 1 d. Type(s) of approval sought from the DWQ (check all that apply): ® 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization row. 1e. Is this notification solely for the record For the record only for DWQ 401 For the record only for Corps Permit: because written approval is not required? Certification: ❑ Yes ® No 1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. 1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below 1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? 2. Project Information 2a. Name of project: Star City Tract 2b. County: Mecklenburg 2c. Nearest municipality / town: Charlotte 2d. Subdivision name: N/A 2e. NCDOT only, T.I.P. or state N/A project no: 3. Owner Information 3a. Name(s) on Recorded Deed: Star City Development Company, Inc. 3b. Deed Book and Page No. 04503 -935 3c. Responsible Party (for LLC if N/A applicable). 3d. Street address: ( 1 TELEVISION PL 3e. City, state, zip. I CHARLOTTE, NC 28205 3f. Telephone no.: 3g Fax no.: 3h. Email address: ❑ Yes ® No ® Yes ❑ No ❑ Yes ® No ❑ Yes ® No Page 1 of 12 PCN Form — Version 1.3 December 10, 2008 Version 4. Applicant Information (if different from owner) 4a. Applicant is: ❑ Agent ® Other, specify: Crescent Communities 4b. Name: Mr. Michael Tubridy 4c. Business name Crescent Communities (if applicable): 4d. Street address: 227 West Trade St., Suite 1000 4e. City, state, zip: Charlotte, NC 28202 4f. Telephone no.: (980) 321 -6247 4g. Fax no.: 4h. Email address: 5. Agent/Consultant Information (if applicable) 5a. Name. Gregg Antemann, PWS 5b. Business name Carolina Wetland Services, Inc. (if applicable): 5c Street address- 550 E. Westinghouse Blvd. 5d. City, state, zip: Charlotte, NC 28273 5e. Telephone no.: 704 - 408 -1683 5f. Fax no.: 704 - 527 -1133 5g Email address: gregg @cws -inc net Page 2 of 12 PCN Form — Version 1.3 December 10, 2008 Version B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no (tax PIN or parcel ID): 231 - 131 -05 (partial parcel) Latitude: 35 052847 Longitude- - 1 b. Site coordinates (in decimal degrees): 80.763017 (DD.DDDDDD) (- DD.DDDDDD) 1 c. Property size. 39.4 acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to Six Mile Creek proposed project. 2b Water Quality Classification of nearest receiving water C 2c. River basin- Santee (HUC 03050101) 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application. The site consists of an undeveloped forested parcel. Typical on -site vegetation includes tulip poplar (Liriodendron tulipifera), eastern red cedar (Juniperus virginiana), red maple (Acer rubrum), sweetgum (Liquidambar styraciflua), loblolly pine (Pinus taeda), sawtooth blackberry (Rubus argutus), and autumn olive (Elaeagnus umbellata). According to the Soil Survey of Mecklenburg County (Figures 3 and 4, attached), on -site soils consist of Davidson sandy clay loam, 2 to 8 percent slopes (DaB), Davidson sandy clay loam, 8 to 15 percent slopes (DaD), Davidson sandy clay loam, 15 to 25 percent slopes (DaE), Iredell fine sandy loam, 1 to 8 percent slopes (IrB), Mecklenburg fine sandy loam, 2 to 8 percent slopes (MeB), Monacan soils (MO), and Pacolet sandy loam, 15 to 25 percent slopes (PaE). The Davidson, Mecklenburg, and Pacolet soils are well drained. Iredell soils (IrB) are moderately well drained, and Monacan soils are somewhat poorly drained. Monacan soils are listed in the North Carolina Hydric Soils List for Mecklenburg County as having hydric inclusions. Iredell fine sandy loam, 1 to 8 percent slopes (IrB) and Monacan Soils are listed as a hydric soil (hydric criteria 2133, 4) on the National Hydric Soils List for Mecklenburg County. 3b. List the total estimated acreage of all existing wetlands on the property: 0.16 ac 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 3d. Explain the purpose of the proposed project. The purpose of this project is to develop approximately 39.4 acres of property into a single- and multi - family subdivision located in South Charlotte (Figure 6, attached). South Charlotte is experiencing rapid population growth due its proximity to Waxhaw, Monroe, Indian Land, and Fort Mill and there is a need for residential housing in order to meet the current demand. This project is not a phased project and potentially adjoining development projects are all owned by individuals and /or companies not associated with the Star City Tract project. 3e Describe the overall project in detail, including the type of equipment to be used: Unavoidable impacts associated with the construction of the Star City Tract project include approximately 0. 16 acre of permanent impacts to a jurisdictional wetland (Figure 6, attached). Proposed impacts are summarized in Table 2 Wetland Impacts Proposed impacts to jurisdictional wetlands total 0.16 acre. Permanent impacts to Wetland AA (0.16 acre) are the result of placement of fill in Wetland AA in order grade residential lots and construct a road access (Figure 6, attached). Placement of fill in Wetland AA is necessary in order to complete the subdivision and provide sufficient access for emergency vehicles throughout the development. Wetland AA bisects the northeastern portion of the property. Therefore alternative options for road access while avoiding Wetland AA are limited. Tile drains will be installed to direct the groundwater flow and proper sediment and erosion control measures will be used to minimize disturbances to downstream waters Page 3 of 12 PCN Form — Version 1.3 December 10, 2008 Version 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project (including all prior phases) in the past? El Yes ®No El Unknown Comments: 4b. If the Corps made the jurisdictional determination, what type of determination was made? El Preliminary El Final 4c. If yes, who delineated the jurisdictional areas? Agency /Consultant Company: Name (if known)- Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation 5. Project History 5a. Have permits or certifications been requested or obtained for ❑ Yes ® No ❑ Unknown this project (including all prior phases) in the past? 5b. If yes, explain in detail according to "help file" instructions. 6. Future Project Plans 6a. Is this a phased project? I ❑ Yes ® No 6b. If yes, explain. Page 4 of 12 PCN Form — Version 1.3 December 10, 2008 Version C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): ® Wetlands ❑ Streams - tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. 2b. 2c. 2d. 2e. 2f. Wetland impact Type of jurisdiction number — Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact Permanent (P) or (if known) DWQ — non -404, other) (acres) Temporary (T) then complete this question for all stream sites impacted. W1 ®P ❑ T Fill Wetland AA ® Yes ❑ No ® Corps 0.16 ❑ DWQ W2 ❑ P ❑ T 3e. ❑ Yes ❑ Corps Perennial Type of jurisdiction ❑ No ❑ DWQ W3 ❑ P ❑ T (Corps - 404, 10 ❑ Yes ❑ Corps intermittent DWQ — non -404, ❑ No ❑ DWQ W4 ❑ P ❑ T other) ❑ Yes ❑ Corps ❑ PER ❑ Corps ❑ No ❑ DWQ W5 ❑ P ❑ T ❑ DWQ ❑ Yes ❑ Corps ❑ PER ❑ Corps ❑ No ❑ DWQ W6 ❑ P ❑ T ❑ DWQ ❑ Yes ❑ Corps ❑ PER ❑ Corps ❑ No ❑ DWQ 2g. Total wetland impacts ❑ DWQ 0.16 2h Comments: Permanent impacts to wetlands total 0.16 acre 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. 3b. 3c. 3d. 3e. 3f. 3g. Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact number - (PER) or (Corps - 404, 10 stream length Permanent (P) or intermittent DWQ — non -404, width (linear Temporary (T) (INT)? other) (feet) feet) S1 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S2 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S3 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S4 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S5 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S6 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ 3h. Total stream and tributary impacts 3i. Comments: Page 5 of 12 PCN Form — Version 1.3 December 10, 2008 Version 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individually list all open water impacts below. 4a. 4b. 4c. 4d 4e. Open water Name of waterbody impact number — (if applicable) Type of impact Waterbody type Area of impact (acres) Permanent (P) or Temporary (T) 01 ❑P ❑T 02 ❑P ❑T 03 ❑P ❑T 04 ❑P ❑T 4f. Total open water impacts 4g. Comments. 5. Pond or Lake Construction If pond or ake construction proposed, then complete the chart below. 5a. 5b. 5c. 5d. 5e. Wetland Impacts (acres) Stream Impacts (feet) Upland Pond ID Proposed use or purpose (acres) number of pond Flooded Filled Excavated Flooded I Filled Excavated Flooded P1 P2 5f. Total 5g Comments: 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. 6a. ❑ Neuse F-1 Tar-Pamlico El Other: Project is in which protected basin? ❑ Catawba ❑ Randleman 6b. 6c. 6d. 6e. 6f 6g Buffer impact number — Reason Permanent (P) or for Temporary (T) impact B1 ❑P ❑T B2 ❑P ❑T B3 ❑P ❑T 6i. Comments: Buffer Stream name mitigation required? ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No 6h. Total buffer impacts Zone 1 impact Zone 2 impact (square feet) (square feet) Page 6of12 PCN Form — Version 1.3 December 10, 2008 Version D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. Impacts to on -site jurisdictional waters of the U.S. have been reduced to the maximum extent practicable. This site was chosen for the project due its minimal impacts to jurisdictional waters of the U.S. Proper sediment and erosion control measures will be used to minimize disturbances to downstream waters. Construction activities and impacts to on -site jurisdictional waters project will comply with all conditions of Nationwide Permit 29 and Water Quality Certification No. 3890. All work will be constructed in the dry. Impacts have been limited to less than less than 0.5 acre of wetland and no impacts to jurisdictional streams are proposed. In an attempt to minimize impacts to jurisdictional waters while still meeting the goals of the project, a "No Build" alternative was considered. The property was purchased for the purpose of providing residential housing to meet the growth and demand of an area in South Charlotte experiencing significant population growth. A "No Build" option would not meet the project goals of providing necessary housing to meet the current demand. Therefore, the No -Build Alternative was eliminated from further consideration. The original plan was to develop the entire parcel no. 231 - 131 -05. However, to avoid the wetland impacts to the maximum extent practicable, the Star City Development Company decided to purchase and divide the parcel in half and develop only the western portion of the aforementioned parcel. Proposed impacts for this project are minimal. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Impacts to on -site jurisdictional waters of the U.S. have been reduced to the maximum extent practicable. This site was chosen for the project due its minimal impacts to jurisdictional waters of the U.S. Proper sediment and erosion control measures will be used to minimize disturbances to downstream waters. Construction activities and impacts to on -site jurisdictional waters project will comply with all conditions of Nationwide Permit 29 and Water Quality Certification No. 3890. All work will be constructed in the dry. Impacts have been limited to less than less than 0.5 acre of wetland and no impacts to jurisdictional streams are proposed. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? 2b. If yes, mitigation is required by (check all that apply): 2c. If yes, which mitigation option will be used for this project? 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) 3c. Comments: 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached 4b. Stream mitigation requested: 4c. If using stream mitigation, stream temperature: 4d. Buffer mitigation requested (DWQ only) 4e. Riparian wetland mitigation requested: 4f. Non - riparian wetland mitigation requested: 4g. Coastal (tidal) wetland mitigation requested: ® Yes ❑ No ❑ DWQ ® Corps ❑ Mitigation bank ® Payment to in -lieu fee program ' ❑ Permittee Responsible Mitigation Type I Quantity ® Yes linear feet ❑ warm ❑ cool square feet 0.25 acres acres acres ❑cold Page 7 of 12 PCN Form — Version 1.3 December 10, 2008 Version 4h. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires ❑ Yes ® No buffer mitigation? 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. 6c. 6d. 6e. Zone Reason for impact Total impact Multiplier Required mitigation (square feet) (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund). 6h: Comments: Page 8 of 12 PCN Form — Version 1.3 December 10, 2008 Version E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers identified ❑ Yes ❑ No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. ❑ Yes ❑ No Comments: 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? >24 % 2b. Does this project require a Stormwater Management Plan? ® Yes ❑ No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why - 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan - Stormwater Management Plan will be submitted to City of Charlotte, a certified local government reviewer and a letter of approval will be submitted once approved. ® Certified Local Government 2e. Who will be responsible for the review of the Stormwater Management Plan? ❑ DWQ Stormwater Program ❑ DWQ 401 Unit 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? City of Charlotte ® Phase II 3b. Which of the following locally - implemented stormwater management programs ❑ NSW ❑ USMP apply (check all that apply): ❑ Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ® No attached? 4. DWQ Stormwater Program Review ❑ Coastal counties ❑ HQW 4a. Which of the following state - implemented stormwater management programs apply ❑ ORW (check all that apply): ❑ Session Law 2006 -246 ❑ Other: 4b. Has the approved Stormwater Management Plan with proof of approval been attached? ❑ Yes ❑ No 5. DWQ 401 Unit Stormwater Review 5a Does the Stormwater Management Plan meet the appropriate requirements? ❑ Yes ❑ No 5b. Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No Page 9 of 12 PCN Form — Version 1.3 December 10, 2008 Version F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1 a. Does the project involve an expenditure of public (federal /state /local) funds or the ❑ Yes ® No use of public (federal /state) land? 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ❑ Yes ❑ No (North Carolina) Environmental Policy Act (NEPA /SEPA)? 1 c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval letter.) ❑ Yes ❑ No Comments: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ❑ Yes ® No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after - the -fact permit application? ❑ Yes ® No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in ❑ Yes ® No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. The project will not result in additional future development. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non- discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility Sewer will tie into existing infrastructure. Page 10 of 12 PCN Form — Version 1.3 December 10, 2008 Version 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or ❑ Yes ® No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ❑ Yes ® No impacts? 5c. If yes, indicate the USFWS Field Office you have contacted. F-1 Raleigh ❑ Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? CWS performed a data review using North Carolina Natural Heritage Program (NCNHP) Data Explorer on September 8, 2015 to determine the presence of any federally - listed, candidate endangered, threatened species or critical habitat located within the project area. Based on this review, there are no records of federally - protected species within the project limits. Within a mile of the project site there is a historical record of a Michaux's sumac (Rhus michauxii). A copy of the data review report is attached. Additionally CWS was contracted to conduct a protected species survey within the project limits. This survey included the entire parcel no. 231 - 131 -05 and the project was formerly known as "Providence Farms ". CWS scientists Gregg Antemann, PWS, and Aliisa Harjuniemi, WPIT, conducted an assessment of the project area on May 13, 2015. Transects were surveyed in areas identified as potential habitat for possible protected species located in the area ( Michaux's sumac [Rhus michauxii], Schweinitz's sunflower [Helianthus schweinitzii], Carolina heelsplitter [Lasmigona decorata], and Georgia aster [Symphyotrichum georgianum]). The survey determined that none of the aforementioned protected species occur within the Star City Tract project limits. A copy of the Protected Species Assessment report for the Star City Tract project, formerly known as "Providence Farms ", is attached. The Northern long -eared bat (Myotis septentrionalis) is one of the species of bats most impacted by the white -nose syndrome disease. Habitat for the Northern long -eared bat includes forested areas of any age, rocky areas with boulders, and culverts greater than four feet wide. Due to recent population declines of almost 89% caused by white - nose syndrome and continued spread of the disease, the Northern long -eared bat now receives protection as a Threatened species under the Endangered Species Act. A Threatened species is defined as a taxon likely to become endangered within the foreseeable future throughout all or a significant portion of its range . The U.S. Fish and Wildlife Service ( USFWS) is requesting the documentation of amount of wooded acres cleared in connection with any construction project that takes place within any county shown on the June 30, 2015 White -Nose Syndrome Buffer Zone Map, attached. This project takes place within the Northern long -eared bat habitat range. Due to the nature of this subdivision construction project, approximately 39.4 acres of wooded area will be cleared for this project and may trigger the need for a bat survey. Please note that no physical surveying for potential habitat within this project has been included in this scope at this time. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? I ❑ Yes ® No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? NOAA Fisheries: http. / /sharpfin nmfs noaa. gov /website /EFH— Mapper /map.aspx Page 11 of 12 PCN Form — Version 1.3 December 10, 2008 Version 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation ❑ Yes ® No status (e g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? A letter was forwarded to the State Historic Preservation Office (SHPO) on September 8, 2015 to determine the presence of any areas of architectural, historic, or archaeological significance that would be affected by the project. As of the date of submittal, no response has been received from the SHPO. CWS also consulted the SHPO online GIS service and the Charlotte Mecklenburg Historic Landmarks Commission database and found no sites of architectural, historical, or archaeological significance within the project limits. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA- designated 100 -year floodplain? ❑ Yes ® No 8b. If yes, explain how project meets FEMA requirements: 8c. What source(s) did you use to make the floodplain determination? FEMA FIRM No. 3710447700L Mr. Gregg Antemann, PWS J` 9 -21 -2015 Applicant /Agent's Printed Name Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided ) Page 12 of 12 PCN Form — Version 1.3 December 10, 2008 Version WETLAND DETERMINATION DATA FORM — Eastern Mountains and Piedmont Region Project/Site; S�� Y C 'I`T �' ` �— City /County: / (� ��� %`^ }� Sampling Date: Z °) Applicant/Owner: Sl,a C-A,. n Dc vc��9�[ '.^) State: /VL- Sampling Point: API— We.1Ir.,� Investigator(s): "13 11 <c /rv`G `` /61. 1111, �-15 Section, Township, Range: v Landform (hillslope, terrace, etc.): V19 �r Local relief (concave, convex, none): f o� f `� Slope ( %): d:i M Subregion (LRR or LR . /36 Lat: 3 S . S •3 0 UC�b Long: D0 . 7�6 V-1-5 5 Datum: /1I)0 f' S Soil Map Unit Name: hZo of `15�,� S ^ °/� G I,`-, o ' S��� <t NWI classification: /-A Are climatic / hydrologic conditions on the site typical for this time of year? Yes No (If no, explain in Remarks.) Are Vegetation . Soil or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes z�—( 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? Hydric Soil Present? Wetland Hydrology Present? Remarks: v,c ! l,. d HYDROLOGY Yes _— No Is the Sampled Area \\ Yes No within a Wetland? Yes h- No Yes No 1`S m a -c C1, Wetland Hydrology Indicators: Secondary Indicators (minimum of two reouired) Primary Indicators (minimum of one is reouired: check all that aoolvl _ Surface Soil Cracks (136) _ Surface Water (Al) _ True Aquatic Plants (1314) Sparsely Vegetated Concave Surface (138) _ High Water Table (A2) _ Hydrogen Sulfide Odor (Cl) JCDrainage Patterns (B10) _ Saturation (A3) eX Oxidized Rhizospheres on Living Roots (C3) _ Moss Trim Lines (B16) _ Water Marks (B1) _ Presence of Reduced Iron (C4) Dry- Season Water Table (C2) Sediment Deposits (132) _ Recent Iron Reduction in Tilled Soils (C6) —C /` 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) _ Geomorphic Position (D2) _ Inundation Visible on Aerial Imagery (137) _ Shallow Aquitard (133) Water- Stained Leaves (69) Microtopographic Relief (D4) _ Aquatic Fauna (1313) _ FAC- Neutral Test (135) Field Observations: Surface Water Present? Yes No X Depth (inches): Water Table Present? Yes No Depth (inches): Saturation Present? Yes Z No ,` Depth (inches): / f� �r Wetland Hydrology Present? Yes � No (includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: j'fr -,r sr� US Army Corps of Engineers Eastern Mountains and Piedmont — Version 2.0 VEGETATION (Four Strata) — Use scientific names of plants. Sampling Point: Del /l/I US Army Corps of Engineers Eastern Mountains and Piedmont – Version 2.0 Absolute Dominant Indicator Dominance Test worksheet: Tree Stratum (Plot size: ) % Cover Species? Status Number of Dominant Species 1. A «r .2 That Are OBL, FACW, or FAC: (A) 2. Total Number of Dominant 3. Species Across All Strata: 7– (B) 4. Percent of Dominant Species /00 5. That Are OBL, FACW, or FAC: (A /B) 6. Prevalence Index worksheet: 7. 7 0 ' =Total Cover Total % Cover of: MultiDIv bv: 50% of total cover: 20% of total cover: OBL species x 1 = SaDlino /Shrub Stratum (Plot size: FACW species x 2 = 1 FAC species x 3 = 2 FACU species x 4 = 3 UPL species x 5 = 4 Column Totals: (A) (B) 5. Prevalence Index = B/A = 6. Hydrophytic Vegetation Indicators: 7. _ 1 -Rapid Test for Hydrophytic Vegetation B. %� 2 - Dominance Test is >50% 9• 3 - Prevalence Index is s3.0' = Total Cover _ , 4 - Morphological Adaptations (Provide supporting 50% of total cover: 20% of total cover: — data in Remarks or on a separate sheet) Herb Stratum (Plot size: ) /1rC,�S�t V C fig ICA( — Problematic Hydrophytic Vegetation' (Explain) 1. 3• `'' e'� S��r ^ `` 'Indicators of hydric soil and wetland hydrology must ' be present, unless disturbed or problematic. 4• Definitions of Four Vegetation Strata: 5. 6 Tree – Woody plants, excluding vines, 3 in. (7.6 cm) or more in diameter at breast height (DBH), regardless of 7. height. 8. Sapling /Shrub –Woody plants, excluding vines, less 9. than 3 in. DBH and greater than or equal to 3.28 ft (1 10. m) tall. 11 • Herb – All herbaceous (non- woody) plants, regardless = Total Cover of size, and woody plants less than 3.28 ft tall. 50% of total cover: 20% of total cover: Woody vine –All woody vines greater than 3.28 ft in Woodv Vine Stratum (Plot size: ) height. 1. <r— ,o'co -� 2. 3. 4. Hydrophytic 5. Vegetation I V = Total Cover Present? Yes No 50% of total cover: 20% of total cover: Remarks: (Include photo numbers here or on a separate sheet.) 1 US Army Corps of Engineers Eastern Mountains and Piedmont – Version 2.0 SOIL Sampling Point:pP� `k,(flJ /) -/j Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth (inches) (2-9— Matrix Color (moist) % S y< W-1 60 Redox Features Color (moist) % Type' Lee' ?, S ye W I . '-f-6 PL Texture Remarks e ("11, y - -2 0 '/-, 5 '1A< �f ( 0 z,5` K j)[ `'b L PL el' 1..,:., G 'Type: C= Concentration, D= Depletion, RM= Reduced Matrix, MS= Masked Sand Grains. 2Location: PL =Pore Lining, M= Matrix. Hydric Soil Indicators: Indicators for Problematic Hydric Soils': _ Histosol (Al) _ Dark Surface (S7) _ 2 cm Muck (A10) (MLRA 147) _ Histic Epipedon (A2) _ Polyvalue Below Surface (S8) (MLRA 147, 148) _ Coast Prairie Redox (A16) _ Black Histic (A3) _ Thin Dark Surface (S9) (MLRA 147, 148) (MLRA 147, 148) _ Hydrogen Sulfide (A4) _ Loamy Gleyed Matrix (F2) _ Piedmont Floodplain Soils (F19) _ Stratified Layers (A5) Depleted Matrix (173) (MLRA 136, 147) _ 2 cm Muck (A10) (LRR N) _ Redox Dark Surface (F6) _ Very Shallow Dark Surface (TF12) _ Depleted Below Dark Surface (A11) _ Depleted Dark Surface (F7) _ Other (Explain in Remarks) _ Thick Dark Surface (Al2) _ Redox Depressions (178) Sandy Mucky Mineral (S1) (LRR N, _ Iron - Manganese Masses (F12) (LRR N, MLRA 147, 148) MLRA 136) _ Sandy Gleyed Matrix (S4) _ Umbric Surface (F13) (MLRA 136, 122) 'Indicators of hydrophytic vegetation and _ Sandy Redox (S5) _ Piedmont Floodplain Soils (F19) (MLRA 148) wetland hydrology must be present, _ Stripped Matrix (S6) _ Red Parent Material (F21) (MLRA 127, 147) unless disturbed or problematic. Restrictive Layer (if observed): Type: Depth (inches): Hydric Soil Present? Yes %S No Remarks: 1 n � I <<- '�',�'(� 'l7 U ►" (,(� U''�'yl� � �� 1 "s < ^. �l� f�° '} c�_1t��"1 US Army Corps of Engineers Eastern Mountains and Piedmont — Version 2.0 WETLAND DETERMINATION DATA FORM - Eastern Mountains and Piedmont Region Project/Site: ST�� Ci 1 ff/) ,,4 City /County: /v�(. ���t� �`�i Sampling Date: �`mg /6 Applicant /Owner: SdLY �r 'Yr State: AIL Sampling Point: I r1 �h jI,(.I(wGI� +QK(Iit IIt�.,- �✓LG�IiiJ�[ Investigator(s): �^ �f ✓ Section, Township, Range: Landform (hillslope, terrace, etc.): (S�ii�rC Local relief (concave, convex, none): ^° `- Slope ( %): () 2' Subregion (LRR or L % b Lat: 3 S. 0 RA) S 3 UD b Long: — SS U • I 4 -r 3 Datum: Soil Map Unit Name: ��' `ts"'� Cr i I S ^�S r` y'ft'rfr� NWl classification: Are climatic / hydrologic conditions on the site typical for this time of year? Yes L No (If no, explain in Remarks.) Are Vegetation Soil or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes _ 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 Is the Sampled Area Hydric Soil Present? Yes No within a Wetland? Yes No Wetland Hydrology Present? Yes No—= Remarks: !i Q �� "j y/o iv1'� I S ��3r.sl. ��-• I, \� '`"�' CAL rl a/� L tr �/�� HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (minimum of two reouired) Primary Indicators (minimum of one is reouired: check all that apply) _ Surface Soil Cracks (136) _ Surface Water (Al) _ True Aquatic Plants (1314) _ Sparsely Vegetated Concave Surface (B8) _ High Water Table (A2) — Hydrogen Sulfide Odor (Cl) _ Drainage Patterns (131 a) _ Saturation (A3) _ Oxidized Rhizospheres on Living Roots (C3) _ Moss Trim Lines (616) Water Marks (131) _ Presence of Reduced Iron (C4) _ Dry- Season Water Table (C2) _ Sediment Deposits (62) _ Recent Iron Reduction in Tilled Soils (C6) _ Crayfish Burrows (C8) _ Drift Deposits (63) _ Thin Muck Surface (C7) _ Saturation Visible on Aerial Imagery (C9) _ Algal Mat or Crust (64) _ Other (Explain in Remarks) _ Stunted or Stressed Plants (D1) _ Iron Deposits (135) _ Geomorphic Position (D2) Inundation Visible on Aerial Imagery (137) _ Shallow Aquitard (D3) _ Water- Stained Leaves (139) _ Microtopographic Relief (D4) Aquatic Fauna (613) _ FAC- Neutral Test (135) Field Observations: Surface Water Present? Yes No Depth (inches): Water Table Present? Yes No _ Depth (inches): Saturation Present? Yes No iC Depth (inches): Wetland Hydrology Present? Yes No__,-ir__ (includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: N t !r_ US Army Corps of Engineers Eastern Mountains and Piedmont - Version 2.0 VEGETATION (Four Strata) — Use scientific names of plants. Sampling Point: Absolute Dominant Indicator Dominance Test worksheet: Tree Stratum (Plot size: ) �' � � {� f/e �� 1. 4 / y.. ` 1,Wi fC'° '� % Cove Species? Status Number of Dominant Species That Are OBL, FACW, FAC: (A) � � o � r kV _ ' or =•'� Total Number of Dominant Species Across All Strata: s (B) 4. Percent of Dominant Species / O 5. That Are OBL, FACW, or FAC: t� (A /B) 6. 7. Prevalence Index worksheet: 50% of total cover: SaDlina /Shrub Stratum (Plot size: 3. 4. 5. 6. 7. 8. 9. Herb Stratum (Plot size: 2 v 3. 4. 5. 6. 7. 8. 9. 10. 11. = Total Cover 20% of total cover: 1 2 /t/ 7:/) Total % Cover of OBL species FACW species FAC species FACU species UPL species Column Totals: Multiolv bv: x1= x2= x3= x4= x5= (A) (B) Prevalence Index = B/A = Hydrophytic Vegetation indicators: 1 - Rapid Test for Hydrophytic Vegetation 2 - Dominance Test is >50% _ 3 - Prevalence Index is 53.0' I' z- = Total Cover , 509'0 of total cover: 20% of total cover: — 4 -Morphological Adaptations (Provide supporting data in Remarks or on a separate sheet) l V t :, -, ,, C, rg ( _ Problematic Hydrophytic Vegetation' (Explain) 'Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problematic. Definitions of Four Vegetation Strata: 50% of total cover: Woodv Vine Stratum (Plot size: ) 2. 3. 4, 5. 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 Total Cover of size, and woody plants less than 3.28 ft tall. 20% of total cover: ,Woody vine - All woody vines greater than 3.28 It in height. 1 11 = I otai cover 50% of total cover: 20% of total cover: Remarks: (Include photo numbers here or on a separate sheet.) I Hydrophytic Vegetation Present? Cn T V Yes _1� No US Army Corps of Engineers Eastern Mountains and Piedmont - Version 2.0 SOIL Sampling Point: w2' vll j 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' Loc` Texture Remarks 0-to � y_ '� / (( � l,:;� .l-. 'Type: C= Concentration, D= Depletion, RM= Reduced Matrix, MS= Masked Sand Grains. 2Location: PL =Pore Linina, M= Matrix. Hydric Soil Indicators: _ Sandy Mucky Mineral (S1) (LRR N, Indicators for Problematic Hydric Soils': _ Histosol (Al) — Dark Surface (S7) _ 2 cm Muck (A10) (MLRA 147) _ Histic Epipedon (A2) _ Polyvalue Below Surface (S8) (MLRA 147, 148) _ Coast Prairie Redox (A16) _ Black Histic (A3) _ Thin Dark Surface (S9) (MLRA 147, 148) (MLRA 147, 148) Hydrogen Sulfide (A4) _ Loamy Gleyed Matrix (F2) _ Piedmont Floodplain Soils (F19) Stratified Layers (A5) _ Depleted Matrix (F3) (MLRA 136, 147) _ 2 cm Muck (A10) (LRR N) _ Redox Dark Surface (F6) _ Very Shallow Dark Surface (TF12) _ Depleted Below Dark Surface (A11) _ Depleted Dark Surface (F7) _ Other (Explain in Remarks) _ Thick Dark Surface (Al2) _ Redox Depressions (F8) _ Sandy Mucky Mineral (S1) (LRR N, _ Iron - Manganese Masses (F12) (LRR N, MLRA 147, 148) MLRA 136) Sandy Gleyed Matrix (S4) _ Umbric Surface (F13) (MLRA 136, 122) _ Sandy Redox (S5) _ Piedmont Floodplain Soils (F19) (MLRA 148) Stripped Matrix (S6) _ Red Parent Material (F21) (MLRA 127, 147) Restrictive Layer (if observed): Type: 'Indicators of hydrophytic vegetation and wetland hydrology must be present, unless disturbed or problematic. Depth (inches): Hydric Soil Present? Yes Remarks: A:> � , -) d j) ce / ,. G No US Army Corps of Engineers Eastern Mountains and Piedmont – Version 2.0 NCDENR North Carolina Department of Environment and Natural Resources Office of Land and Water Stewardship Pat N1c Cory Bryan Gorge Donald R. van der Vaart Governor Dimctor Secretary September 8, 2015 Aliisa Harjuniemi Carolina Wetland Services 550 E Westinghouse Blvd Charlotte, NC 28273 aliisa @cws- inc.net RE: Star City Tract; 2015 -3598 Dear Aliisa Harjuniemi: NCNHDE -685 The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources from our database that have been compiled for the project referenced above. A query of the NCNHP database, based on the project area mapped with your request, indicates that there are no records for rare species, important natural communities, natural areas, or conservation /managed areas within the proposed project boundary. The attached 'Potential Occurrences' table summarizes rare species and natural communities that have been documented within a one -mile radius of the property boundary. The proximity of these records suggests that these natural heritage elements may potentially be present in the project area if suitable habitat exists and is included for reference. Please note that although there may be no documentation of natural heritage elements within the project boundary, it does not imply or confirm their absence; the area may not have been surveyed. The results of this query should not be substituted for site - specific surveys where suitable habitat exists. In the event that rare species are found within the project area, please contact the NCNHP so that we may update our records. Tables of natural areas and conservation /managed area within a one -mile radius of the project area, if any, are also included in this report. Please note that natural heritage element data are maintained for the purposes of conservation planning, project review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions. Information provided by the NCNHP database may not be published without prior written notification to the NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NCNHP data may not be redistributed without permission. The NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature Preserve (DNP), Registered Heritage Area (RHA), or Federally - listed species are documented near the project area. Thank you for your inquiry If you have questions regarding the information provided in this letter or need additional assistance, please contact Allison Schwarz Weakley at allison.weaklev aancdenr.aov or 919.707.8629. Sincerely, NC Natural Heritage Program Page 1 of 3 Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One -mile Radius of the Project Area Star City Tract Project No. 2015 -3598 September 8, 2015 NCNHDE -685 Element Occurrences Documented Within a One -mile Radius of the Project Area Taxonomic. ,° °;,„ x "`L °ast p "" ?EO ID; �`!W—entific Name a , Common`,Name -, ' "Element Accuracl Federal = ° <" .State w,a Global..";State Group;° ,, s Observations `.Occurrence "Status i j Rank" Date`` _ Status,> = _. -Rank Freshwater 9536 Villosa delumbis Eastern Creekshell 2011 -06 -07 Current 3- Medium - -- Significantly G4 S3 Bivalve Rare Natural 17246 Dry Basic Oak -- Hickory - -- 2006 Current 2 -High - -- - -- G2G3 S2S3 Community Forest Natural 4605 Upland Depression - -- 2009 -06 -22 Current 2 -High - -- - -- G2G3 S2S3 Community Swamp Forest Vascular Plant 13743 Delphinium exaltatum Tall Larkspur 1800S Historical 5 -Very Species of Endangered G3 S2 Low Concern Vascular Plant 15141 Rhus michauxii Michaux's Sumac 1794 -07 -21 Historical 5 -Very Endangered Endangered G2G3 S2 Low Natural Areas Documented Within a One -mile Radius of the Project Area Site,Name , � � • t.,� � Repr',esentat onal�Rating , _ .� a :�CcMectiVe .Rating 11 . du Providence Flats Swamp R5 (General) C,4 (Moderate) Managed Areas Documented Within a One -mill Managed'Area,Name ° Mecklenburg County Open Space Mecklenburg County Open Space Mecklenburg County Open Space NC Ecosystem Enhancement Program Easement NC Ecosystem Enhancement Program Easement Radius of the Project Area Owner- ° ° <Oytmer.Tvpe; °` -` - Mecklenburg County Local Government Mecklenburg County Local Government Mecklenburg County Local Government NC DENR, Ecosystem Enhancement Program State NC DENR, Ecosystem Enhancement Program State Definitions and an explanation of status designations and codes can be found at hM2ad/ ncnhde .natureserve.org /content/helo. Data query generated on September 8, 2015, source NCNHP, Q3 July 2015 Please resubmit your information request if more than one year elapses before protect initiation as new information is continually added to the NCNHP database Page 2 of 3 NCNHDE-685: Star City Tract El Wsrdane --7 TM_ F . ns Rc�Jm' \ September 8, 2015 [:] Project Boundary Managed Area (MAREA) E] Buffered Project Boundary E:] NHP Natural Area (NHNA) Page 3 of 3 — F — 1 BYey 1:25,277 0 0.2 0.4 0.8 Mi 0 0.325 0.65 ,3 km Sources: E-, HERE DOL—. W—p —.—I P Corp. Crp GESCO. USGS. FAO NPS, NRCAN, Geo8s— IGN Kadastv NL. Ordnance Survey, 'rl 550 E WESTINGHOUSE BLVD. CfVS CHARLOTTE, 28273 704 - 527 -1177 (vv) ) Carolina Wetland Services 704- 527 -1133 (fax) May 21, 2015 Mr. Nathan Doolittle LandDesign 223 North Graham Street Charlotte, NC 28202 Subject: Providence Farms Protected Species Assessment Matthews, North Carolina CWS Project No. 2015 -3598 Dear Mr. Doolittle: LandDesign has contracted Carolina Wetland Services, Inc. (CWS) to provide a Protected Species Assessment and technical report for the Providence Farms Site. The Providence Farms Site is approximately 64 acres in extent and is located adjacent to Providence Road immediately south of Interstate 485 in Matthews, North Carolina (Figure 1. USGS Site Location Map, attached). This report summarizes findings concerning potential habitats for federally - protected species occurring on the Providence Farms Site. Literature Search To determine which protected species are listed as occurring or potentially occurring at the Providence Farms Site, CWS consulted the North Carolina Natural Heritage Program (NCNHP) Rare, Threatened, and Endangered Species Inventory database for the USGS Weddington topographic quadrangle'. The United States Fish and Wildlife Service's ( USFWS) North Carolina Distribution Records of Endangered, Threatened, Candidate and Species of Concern list for Mecklenburg County was also consulted: Both the NCNHP database and USFWS databases list three federally protected species as potentially occurring in Mecklenburg County: Michaux's sumac (Rhus michauxii), Schweinitz's sunflower (Helianthus schweinitzii), and Carolina heelsplitter (Lasmigona decorata) [Table 1, next page]. Georgia aster (Symphyotrichum georgianum) is also listed as a candidate species as potentially occurring on the Providence Farms Site. Table 2 (next page) summarizes the status listing definitions. CWS performed a data review using North Carolina Natural Heritage Program (NCNHP) Data Explorer on May 18, 2015 to determine the presence of any federally - listed, candidate endangered, threatened species, or critical habitat located within the project area, Based on this review, there are no current records of federally - protected species within the project limits or within a mile of the project site. However, the data review shows a historical record for the Mixhaux's sumac within a one -mile radius of the project area. A copy of the data review report is attached. ' North Carolina Natural Heritage Program Online Database Search Accessed May 12, 2015 Department of Environment and Natural Resources, Office of Land and Water Stewardship, Raleigh, NC Available at www ncnhp org ' United States Fish and Wildlife Service Accessed May 12, 2015 Endangered Species Online Database Search, Endangered Species Department, Southeast Division, Atlanta, GA Available at http Hwww fws gov /endangered/ 3 North Carolina Natural Heritage Data Explorer, https / /nenhde.natureserve.org/ NORTH CAROLINA . SOUTH CAROLINA WWW.CWS- INC.NET Providence Farms May 21, 2015 Protected Species Assessment CWS Proiect No. 2015 -3598 Table 1. Species Listed Under the Endangered Species Act Potentially Occurring on the Providence Farms Site, Mecklenburg County, NC. Major`a:', "..' ' A taxon "in danger of extinction throughout all or a significant portion of its range." Scied ific,Nainc: , Common,Name`, a Sfafas at Source r6up C Candidate A taxon under consideration for official listing for which there is sufficient information to support listing. (Formerly "C1" candidate species.) BGPA Protected Bald and Golden Eagle Protection Act. See below. Sandy or rocky open woods, on highway Federal A species under consideration for listing, for which there is insufficient information to FSC species of support listing at this time. These species may or may not be listed in the future, and many of NCNHP 2014, Plant Rhus michauxii Michaux's sumac E right -of -ways, roadsides, or edges of similarity of listed for its protection. Taxa listed as T(S /A) are not biologically endangered or threatened and are not subject to Section 7 consultation. artificially- maintained clearings. USFWS 2014 Experimental A taxon listed as experimental (either essential or nonessential). Experimental, nonessential Along roadsides, old pastures, population Plant Helianthus Schweinitz's E transmission line right -of -ways, open USFWS Taxa proposed for official listing as endangered or threatened will be noted as "PE" or "PT ", schwinitzii sunflower respectively. areas, maintained habitat, ecotones. Lasmigona Carolina Cool, clean, well - oxygenated water with Mollusk E USFWS decorata heelsplitter stable, silt -free stream bottoms Adjacent to roads, along dry, rocky Plant Symphyotr�chum Georgia aster C woodlands, and within utility rights -of- NCNHP 2014, georgianum USFWS 2014 way Table 2. Endangered Species Act Listing Definitions. Code' � '�t ` ,Sfatus, t � 1. `` ° n'ition; `, : �, ;•� ��;`' °rFri ..` 'f ..S 1,,- ,m. Deti ," E Endangered A taxon "in danger of extinction throughout all or a significant portion of its range." T Threatened A taxon "likely to become endangered within the foreseeable future throughout all or a significant portion of its range." C Candidate A taxon under consideration for official listing for which there is sufficient information to support listing. (Formerly "C1" candidate species.) BGPA Protected Bald and Golden Eagle Protection Act. See below. Federal A species under consideration for listing, for which there is insufficient information to FSC species of support listing at this time. These species may or may not be listed in the future, and many of concern. these species were formerly recognized as "C2" candidate species. Threatened due to A taxon that is threatened due to similarity of appearance with another listed species and is T(S /A) similarity of listed for its protection. Taxa listed as T(S /A) are not biologically endangered or threatened and are not subject to Section 7 consultation. appearance Experimental A taxon listed as experimental (either essential or nonessential). Experimental, nonessential EXP population populations of endangered species (e.g., red wolf] are treated as threatened species on public land, for consultation purposes, and as species proposed for listing on private land. P Proposed Taxa proposed for official listing as endangered or threatened will be noted as "PE" or "PT ", respectively. Field Survey CWS scientists Gregg Antemann, Professional Wetland Scientist (PWS) and Aliisa Harjuniemi, Wetland Professional in Training (WPIT) conducted a pedestrian survey of the project area on May 13, 2015. Mr. Gregg Antemann is qualified to conduct freshwater mussel surveys after completing the Freshwater Mussel of South Carolina Workshop taught by Mr. Arthur Bogan and Mr. John Alderman. Natural Vegetation Communities were identified using Schafale's Fourth Approximation. Vegetation was identified to the lowest taxonomic level necessary using Radford et al.s and the aquatics species were identified following the guidance presented in Bogan and Alderman, 200 86 . Transects were assessed along the areas identified as potential habitat, as applicable, for potentially occurring federally - protected species. Guide to the Natural Communities of North Carolina, Fourth Approximation, Schafale 2012 s Manual of the Vascular Flora of the Carolinas, Radford et al 1968 G Workbook and Key to the Freshwater Bivalves of South Carolina, Bogan and Alderman 2008 2 Providence Farms Protected Species Assessment Results May 21, 2015 CWS Proiect No. 2015 -3598 The site consists of an undeveloped forested parcel. The vegetation communities present on site include Dry Oak Hickory Forest that transitions to a Mesic Oak Hickory Forest at lower elevations. The floodplain consists of a maintained sewer right -of -way and typical Piedmont Alluvial Forest species (Photograph A, attached). Additionally, Six Mile Creek borders the southeastern property boundary and is considered a perennial stream with year -round flow. The portion of Six Mile Creek investigated exhibits eroded banks and a highly embedded substrate mostly consisting of sand and silt with occasional fine cobble (Photograph B, attached). Typical on -site vegetation for upland areas includes tulip poplar (Liriodendron tulipifera), pignut hickory (Carya glabra), eastern red cedar (Juniperus virginiana), red maple (Acer rubrum), sweetgum (Liquidambar styraciflua), loblolly pine (Pinus taeda), sawtooth blackberry (Rubus argutus), and autumn olive (Elaeagnus autumnata). Typical species in the floodplain include sweetgum, Chinese privet (Ligustrum sinense), and Nepalese browntop (Microstegium vimineum). The sewer right -of -way and stream were field- reviewed for potential habitat of the aforementioned species (Figure 2. Potential Habitat Map, attached). Based on the site visit, the sewer right -of way located on the Six Mile Creek floodplain is too wet to support Schweinitz's, Georgia Aster, or Michaux's sumac populations. Michaux's sumac (Rhus michauxii) — No Impact Michaux's sumac is a rhizomatous shrub. It is densely hairy with compound leaves exhibiting evenly - serrated leaflets. Flowers are small, greenish to white, in terminal clusters. Fruits are red drupes produced from August to October. It has been listed as an Endangered species under the Endagered Species Act (ESA) since 1989. It is found on the coastal plains of Virginia to Florida, with most populations occurring in North Carolina. It prefers sandy or rocky open woods with basic soils, as well as highway right -of -ways, roadsides, or edges of artificially- maintained clearings. Based on this site visit, no potential habitat for Michaux's sumac was observed within the Providence Farms project limits. No individuals of Michaux's sumac was identified during the field assessment in May 2015 and therefore this project will have no effect on this species. Schweinitz's sunflower (Helianthus schweinitzii) — No Impact Schweinitz's sunflower is a perennial herb with yellow rays and yellow centers. They can reach heights of five feet. Populations are limited to the Piedmont of North and South Carolina. It has been listed as an Endangered species under the ESA since 1991. The typical habitat for this plant includes roadsides, old pastures, transmission line right -of -ways, open areas, either natural or human - maintained habitats, or edges of upland woods. Based on this site visit, no potential habitat for the Schweinitz's sunflower exists within the Providence Farms project limits. No individual sunflowers were identified during the field assessment in May 2015 and therefore this project will have no effect on this species. Carolina heelsplitter (Lasmizona decorata) — No Impact The Carolina heelsplitter is a large mollusk with a dark brown, ovate, trapezoidal- shaped shell. Only ten known populations of the Carolina heelsplitter exist. It has been listed as Endangered under the ESA since 1993. It requires cool, clean, well oxygenated water with stable, silt -free stream beds. Based on this site visit, the potential habitat for Carolina heelsplitter within the Providence Farms Site is limited to the perennial stream (Six Mile Creek) located along the eastern property boundary. The portion of Six Mile Creek investigated during this assessment exhibited degraded conditions including eroded banks and a silty sand substrate. Due to the lack of a stable cobble and gravel substrate and the instability of the eroded stream banks, no suitable habitat for the Carolina heelsplitter Providence Farms May 21, 2015 Protected Species Assessment CWS Proiect No. 2015 -3598 was observed. No individuals of Carolina heelsplitter were observed during the field assessment in May 2015 and therefore this project will have no effect on this species. Geomia aster (Svmphvotrichum Qeomianwn) —No Impact Georgia aster is a perennial herb with large purple flowers with white to reddish - purple centers. Flowering occurs from early October to mid - November. Although the plant is currently listed as a Candidate species under the ESA, it is not subject to federal protection. Typical habitat for the Georgia aster includes disturbed areas such as roadsides, along dry, rocky woodlands, and maintained utility rights -of -ways. It is not tolerant of shade. Based on this site visit, no potential habitat for Georgia aster was observed within the Providence Farms project limits. No individuals of Georgia aster were observed during the field assessment in May 2015 and therefore this project will have no effect on this species. Determinations Based on the literature search and the results of the on -site assessment for the federally - protected endangered, threatened, and candidate species, it has been determined that no potential habitats for Schweinitz's sunflower, Mixhaux's sumac, Carolina heelsplitter, or Georgia aster exists in the project area. None of these species were observed during the field visit on May 13, 2015 and the species are unlikely to be present on the site. Therefore, the proposed project will have no effect on the species listed above. Please do not hesitate to contact Gregg Antemann at (704) 408 -1683 or gregg @cws- inc.net should you have any questions or comments regarding these findings. Sincerely, Gregg Antemann, PWS Principal Scientist Attachments: Figure 1. USGS Site Location Map Figure 2. Potential Habitat Map NCNHP Data Review Report Representative Photographs Aliisa Harjuniemi, WPIT Staff Scientist I1 r 7 Af—k -�J 01, "4 > Zz "J 3 NL C., N '01 Providence kk -N 'z J 1661. 4 'N % Tilley Morris Road X 7 �J (J fr- 4�" 'N _J I A. wl� V. Z. _7� -A le riel. fe, /I :Z e- Legend r S Project Limit N 2,000 1,000 0 2,000 Feet REFERENCE: LISGS 7.5 MINUTE TOPOGRAPHIC QUADRANGEL, VVEDDINGTON, DATED 1998 0 I: NN SCALE 1" 2000' DATE 5-18-15 USGS Site Location Map FIGURE NO. CWS PROJECT NO. _1RAVVN BY CWS 2015-3598 AV C-6- WA.,d S­— Providence Farms APPLICANT NO CHECKED BY6 I Matthews, North Carolina KMT WWW.CWS-INC.1 ET CWS Project No. 2015-3598 REFERENCE: BACKROUND AERIAL IMAGERY PROVIDED BY ESRI, ACCESSED MAY 2015. SCALE: 1" : 600' DATE. 5 -18 -15 I� CWS PROJECT NO. DRAWN BY. "H ^ 2015 -3598 A ` � APPLICANT NO CHECKED BY CWS w :u, c s.n : - - \ KMT WWW.CWS- INC.NET Legend Project Limits Potential Habitat for Carolina Heelsplitter Photo Location & Direction 600 300 0 Potential Habitat Map Providence Farms Matthews, North Carolina CWS Project No. 2015 -3598 600 Feet FIGURE NO �a PWA NCDENR North Carolina Department of Environment and Natural Resources Office of Land and Water Stewardship Pat 14c Cory Bryan GosW Donald R. van der vaart Governor Director Secretary May 18, 2015 Aliisa Harjuniemi Carolina Wetland Services 550 E Westinghouse Blvd Charlotte, NC 28273 aliisa @cws -inc net RE: Providence Farms; 2015 -3598 Dear Aliisa Harjuniemi: NCNHDE -288 The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources from our database that have been compiled for the project referenced above. A query of the NCNHP database indicates that there are records for rare species, important natural communities, natural areas, or conservation /managed areas within the proposed project boundary submitted with your request for information. These results are presented in the attached `Documented Occurrences' table and map. Also attached is a table summarizing rare species and natural communities that have been documented within a one -mile radius of the project boundary. The proximity of these records suggests that these natural heritage elements may potentially be present in the project area if suitable habitat exists and is included for reference. In the event that rare species are found within the project area, please contact the NCNHP so that we may update our records. Tables of natural areas and conservation /managed area within a one -mile radius, if any, are also included in this report. Please note that natural heritage element data are maintained for the purposes of conservation planning, project review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions. Information provided by the NCNHP database may not be published without prior written notification to the NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NC Natural Heritage Program data may not be redistributed without permission from the NCNHP. Also please note that the NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature Preserve (DNP), Registered Heritage Area (RHA), or an occurrence of a Federally - listed species is documented within or near the project area. Thank you for your inquiry. If you have questions regarding the information provided in this letter or need additional assistance, please contact Allison Schwarz Weakley at allison.weaklevOncdenr.00v or 919 707.8629. Sincerely, NC Natural Heritage Program Page 1 of 4 Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Intersecting the Project Area Providence Farms Project No. 2015 -3598 May 18, 2015 NCNHDE -288 No Element Occurrences are Documented within the Project Area There are no documented element occurrences (of medium to very high accuracy) that Intersect with the project area. Please note, however, that although the NCNHP database does not show records for rare species within the project area, it does not necessarily mean that they are not present, it may simply mean that the area has not been surveyed. The use of Natural Heritage Program data should not be substituted for actual field surveys If needed, particularly if the project area contains suitable habitat for rare species. If rare species are found, the NCNHP would appreciate receiving this information so that we may update our database. No Natural Areas are Documented within the Project Area Managed Areas Documented Within Project Area ManagedfAr "ea Name' `Owner° �.,, `Qininer Typ'e�` � A m.i . Mecklenburg County Open Space Mecklenburg County Local Government NOTE If the proposed protect intersects with a conservation /managed area, please contact the landowner directly for additional information If the protect intersects with a Dedicated Nature Preserve (DNP), Registered Natural Heritage Area (RHA), or Federally - listed species, NCNHP staff may provide additional correspondence regarding the protect Definitions and an explanation of status designations and codes can be found at htt°s / /ncnhde natu reserve, orglcontent/hel�. Data query generated on May 18, 2015, source: NCNHP, Q2 April 2015 Please resubmit your information request if more than one year elapses before protect initiation as new information is continually added to the NCNHP database Page 2 of 4 Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One -mile Radius of the Project Area Providence Farms Project No. 2015 -3598 May 18, 2015 NCNHDE -288 Element Occurrences Documented Within a One -mile Radius of the Project Area Mecklenburg County Taxonomic w. EO ID, - " °`: °Scierit f�c:Name Common`Name ` } Last - ` °' Elemerit °` `" A cu�ac 'Fedeial" (} gib: +.. -> b,.�.� Y .,�.: - - #,. ,R gK1 State -fix vGlobal�.x'Sta > te`. t "::e .! 's r,✓ Group p , ! +NS • . f$, 1 rb,+^= � k Nm " G«.^Ar "p,. , .d�� em",„vr. Statusra��,,. Occucrerice_�•_,�'au�,, ;, _ ;. ^.pt, Vrry d x.. M.s "✓:'f': • ,..y,. . � 1, " Status ����`��..Rank,< °Rank; Mecklenburg County . Mecklenburg County Open Space Mecklenburg County " Date Status NC Ecosystem Enhancement Program Easement Freshwater 9536 Villosa delumbis Eastern Creekshell 2011 -06 -07 Current 3- Medium - -- Significantly G4 S3 Bivalve State Rare Natural 17246 Dry Basic Oak -- Hickory - -- 2006 Current 2 -High - -- - -- G2G3 S2S3 Community Forest Natural 4605 Upland Depression - -- 2009 -06 -22 Current 2 -High - -- - -- G2G3 S2_S3 Community Swamp Forest Vascular Plant 13743 Delphinium exaltatum Tall Larkspur 1800S Historical 5 -Very Species of Endangered G3 S2 Low Concern Vascular Plant 15141 Rhus michauxii Michaux's Sumac 1794 -07 -21 Historical 5 -Very Endangered Endangered G2G3 S2 Low Natural Areas Documented Within a One -mile Radius of the Project Area Stte Name - �° u _ _ Representational_Ratinq, - a,m 'Col„ 1 'ecti e' Rating, A . • a •� � °.� Providence Flats Swamp R5 (General) C4 (Moderate) Managed Areas Documented Within a One -mile Radius of the Project Area Oviiner; TYpe Mecklenburg County Open Space Mecklenburg County Local Government Mecklenburg County Open Space Mecklenburg County Local Government Mecklenburg County Open Space Mecklenburg County Local Government Mecklenburg County Open Space Mecklenburg County Local G_ ove_ rnment NC Ecosystem Enhancement Program Easement NC DENR, Ecosystem Enhancement Program State NC Ecosystem Enhancement Program Easement NC DENR, Ecosystem Enhancement Program State Definitions and an explanation of status designations and codes can be found at https // ncnhde .natureserve.oralcontent[helo Data query generated on May 18, 2015, source NCNHP, Q2 April 2015 Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database. Page 3 of 4 NCNHDE-288: Providence Farms owOmv May 18, 2015 [:] Project Boundary E3 Managed Area (MAREA) F-I Buffered Project Boundary M NHP Natural Area (NHNA) Page 4 of 4 1:26,154 0 0.225 045 0.9 Mi 0 0.35 0.7 1.4 km S-- FO . MERE. D*L—. T_T—, V—P -- 't p Corp., GEBCO. USGS. FAO. NPS. NRCAN. G..O"., IGN. KaCauer NL, Providence Farms May 21, 2015 Protected Saecies Assessment CWS Proiect No. 2015 -3598 Photograph A. View of utility right -of -way, facing south. Photograph B. View of perennial stream, facing upstream. North Carolina Department of Environmental Quality Pat McCrory Division of Mitigation Services Donald R. van der Vaart Governor Secretary September 23, 2015 Michael Tubridy Crescent Communities 227 West Trade St., Suite 1000 Charlotte, NC 28202 Expiration of Acceptance: March 23, 2016 Project: Star City Tract County: Mecklenburg The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to accept payment for compensatory mitigation for impacts associated with the above referenced project as indicated in the table below. Please note that this decision does not assure that participation in the DMS in -lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will be approved. You must also comply with all other state, federal or local government permits, regulations or authorizations associated with the proposed activity including G.S. § 143 - 214.11. This acceptance is valid for six months from the date of this letter and is not transferable. If we have not received a copy of the issued 404 Permit /401 Certification /LAMA permit within this time frame, this acceptance will expire. It is the applicant's responsibility to send copies of the permits to DMS. Once DMS receives a copy of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the in -lieu fee to be paid by an applicant is calculated based upon the Fee Schedule and policies listed at http: / /portal.ncdenr,org /web /eep. Based on the information supplied by you in your request to use the DMS, the impacts that may require compensatory mitigation are summarized in the following table. The amount of mitigation required and assigned to DMS for this impact is determined by permitting agencies and may exceed the impact amounts shown below. C13 I Stream (feet) River Basin Location Wetlands (acres) ( Buffer I Buffer H (Sq. Ft.) (Sq. Ft.) Cold I Cool I Warm I Riparian I Non - Riparian Coastal Marsh Impact Catawba 03050101 I 0 Ij 0 0 0.16 Il 0 0 1 0 Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The mitigation will be performed in accordance with the In -Lieu Fee Program instrument dated July 28, 2010. Thank you for your interest in the DMS in -lieu fee mitigation program. If you have any questions or need additional information, please contact Kelly Williams at (919) 707 -8915. Sincerely, S0 James. anfill ' Asset Management Supervisor cc: William Elliott, USACE- Asheville 1652 hail Service Center, Raleigh, North Carolina 27699 -1652 Phone: 919-707-8976 1 Internet: http:l /portal,ncdenr org /web /eep An Equal Opportunity � Affirmative Action Emp'oyer — Made in part from recycled paper