HomeMy WebLinkAbout20240686 Ver 1__2024_05_10__TM_Garrison_Rd_Site_PCN_FINAL__20240510Preliminary ORM Data Entry Fields for New Actions
ACTION ID #: SAW- 2023 - 01409 Begin Date (Date Received):
Prepare file folder ❑ Assign Action ID Number in ORM ❑
1. Project Name [PCN Form A2a]: Yardly at River District (formerly Garrison Road Site)
2. Work Type: VPrivate ❑Institutional ❑Government ❑ Commercial
3. Project Description / Purpose [PCN Form 133d and 133e]:
TM BTR of Carolinas, LLC is seeking a Seeking authorization under Nationwide Permit #29 on an approximately 50.6-acre property
located west of Garrison Road and east of Dixie River Road in Charlotte, Mecklenburg County, North Carolina.
4. Property Owner / Applicant [PCN Form A3 or A4]: TM BTR of the Carolinas, LLC (POC: David Hunter)
DLHunter@taylormorrison.com-, 11405 N Community House Road, Charlotte, NC, 28277; 704-477-4179
5. Agent / Consultant [PNC Form A5 — or ORM Consultant ID Number]:
Taylor Kiker, PWS (Kimley-Horn)
6. Related Action ID Number(s) [PCN Form 135b]
7. Project Location — Coordinates, Street Address, and/or Location Description [PCN Form Blb]:
The project is located west of Garrison Road and east of Dixie River Road in Charlotte, Mecklenburg
County, North Carolina. Project Coordinates (decimal degrees): 35.187721,-80.978408.
8. Project Location —Tax Parcel ID PCN Form B l a] : 1 4114202,14114203, 14114204, 14114101, 14114104, 14114106, 14114108,
[ 14114109, 14114110, 14114111, 14114112, & 14114114
9. Project Location —County [PCN Form A2b]: Mecklenburg
10. Project Location —Nearest Municipality or Town [PCN Form A2c]: Charlotte
11. Project Information — Nearest Waterbody [PCN Form 132a]: Beaverdam Creek
12. Watershed / 8-Digit Hydrologic Unit Code [PCN Form 132c]: Catawba 03050101
Authorization: Section 10 ❑ Section 404 ❑✓
Regulatory Action Type:
❑ Standard Permit
✓❑ Nationwide Permit #29
]Regional General Permit #
Jurisdictional Determination Request
Section 10 and 404 ❑
❑ Pre -Application Request
::]Unauthorized Activity
❑ Compliance
❑No Permit Required
Revised 20150602
Kimley»>Horn
May 8, 2024
Doug Perez
US Army Corps of Engineers
Wilmington District, Charlotte Regulatory Field Office
8430 University Executive Park Drive, Suite 615
Charlotte, NC 28262
Stephanie Gross
NC DWR, 401 & Buffer Permitting Unit
512 North Salisbury Street
Raleigh, NC 27604
Re: Pre -Construction Notification (NWP #29 and Individual 401 Water Quality Certification)
Yardly at River District (formerly Garrison Road Site)
Charlotte, Mecklenburg County, NC
Dear Regulatory Project Managers:
On behalf of our client, TM BTR of Carolinas, LLC, Kimley-Horn (KH) is submitting the enclosed Section 404/401 Pre -
construction Notification forthe above -referenced project foryour review pursuantto Nationwide Permit#29 and Individual
401 Water Quality Certification (WQC). The proposed project seeks to construct a residential development including
access roads, utilities, and stormwater management facilities. Authorization is requested under NWP #29 to permanently
impact 531 linear feet (LF)/ 0.044-acre of streams and 0.03-acre of wetlands necessary for site development. The center
of the project area is located at 35.187721 °,-80.978408°. The following information is included as part of this application
submittal:
• Project Summary Sheet
• Pre -Construction Notification Form
• Agent Authorization
• Project Site Figures
■ Figure 1 —Vicinity Map
■ Figure 2 — USGS 7.5' Topo (Charlotte West Quadrangle) Map
■ Figure 3 — Mecklenburg Co. SSURGO Soils and NWI Map (ESRI World Imagery)
■ Figure 4 — Existing Conditions (2024 Nearmap Aerial)
• Permit Drawings
• Preliminary Jurisdictional Request
• Agency Correspondence
• Compensatory Mitigation
PROJECT BACKGROUND
The Garrison Road Site is a proposed residential development situated on an approximately 50.59-acre parcel, located
west of Garrison Road and east of Dixie River Road in Charlotte, Mecklenburg County, NC. The subject property is
comprised of undeveloped forested land, agricultural land, single-family residences, Beaverdam Creek, and one dirt road.
The proposed project seeks to construct a residential development, as well as associated development infrastructure
appurtenances including, on -site roadway, utilities, and stormwater facilities.
I_[r] =1► [9Y010] N N =61 1•]► I I] =1► Is] d
CULTURAL RESOURCES
Kimley-Horn consulted the North Carolina State Historic Preservation Office (SHPO) HPOWEB GIS service on March 5,
2024. No architectural, cultural, or historic resources were identified within the site boundary. A request letter was
submitted to SHPO to determine the presence of architectural, cultural, or historic resources on March 5, 2024. SHPO
responded on April 4, 2024, with no comments. A copy of the correspondence is included.
Kimley>>)Horn
Page 2
PROTECTED SPECIES
A review of the North Carolina Natural Heritage Program (NCNHP) database on January 29, 2024, did not indicate known
occurrences of threatened or endangered species within the project boundary. Potentially suitable habitat for threatened
and endangered plant species on -site was surveyed. A concurrence response from USFWS was received on March 13,
2024, indicating thatthe USFWS was in agreeance with the "may affect, not likely to adversely affect" (MANLAA) biological
conclusion for the plant species Schweinitz's sunflower (Helianthus schweinitzii), Michaux's sumac (Rhus michauxii), and
smooth coneflower (Echinacea laevigata). A copy of the USFWS correspondence is attached.
PROPOSED IMPACTS TO JURISDICTIONAL WATERS
The project seeks authorization under NWP #29 for stream and wetland impacts associated with grading activities
necessary to construct the proposed residential development. The proposed project will result in a total of 531 LF/0.044-
acre of permanent stream impacts and 0.03-acre of permanent wetland impacts.
• Impact 1 — Stream 2
0 316 LF/0.028-acre of permanent impacts to Stream 2 associated with grading necessary to construct
the proposed development.
• Impact 2 — Stream 3
0 216 LF/0.016-acre of permanent impacts to Stream 3 associated with grading necessary to construct
the proposed development.
• Impact 3 — Wetland 1
0 0.03-acre of permanent wetland impacts to Wetland 1 results from grading activities necessary to
construct the proposed development.
Overall, impacts associated with the proposed development will result in 531 LF/ 0.044 acres of permanent stream
impacts and 0.03-acre of permanent wetland impacts.
AVOIDANCE AND MINIMIZATION
Avoidance and minimization efforts were implemented during development planning and design to the greatest extent
practicable in order to reduce the overall impacts on the aquatic environment while staying within nationwide permit
thresholds. The final plan demonstrates maximum avoidance and minimization efforts by reducing the proposed stream
impacts. The rationale to support avoidance and minimization efforts include the following:
• Avoidance of the remaining 848 LF of streams on -site.
• Approximately 12 LF of impacts to Stream 2 will be avoided through the construction of a 28 ff tall retaining wall.
• Approximately 12 LF of impacts Stream 3 will be avoided through the construction of an 18 ff tall retaining wall.
IK•]iviI�=1L1 �t•]Wdivi11111 WIN 11101L1
Compensatory mitigation will be met by the purchase of credits through the WLS Catawba 01 UMB — Starker Bank and
the NC Division of Mitigation Services (NCDMS) in -lieu fee program. Based on an NCSAM assessment of Medium for
Stream 2 and Stream 3, mitigation is proposed at a 2:1 ratio for permanent impacts to these features associated with the
grading necessary to construct the residential development. In total, 1,062 stream mitigation credits will be purchased to
offset impacts associated with this project. A Statement of Availability from the WLS Catawba 01 UMB — Starker Bank
and NCDMS are included along with Quality Assessment Results.
Please feel free to contact me at (980) 296-0810 if you have any questions or if additional information is necessary.
Sincerely,
KIMLEY-HORN AND ASSOCIATES, INC.
Taylor Kiker, PWS
Environmental Scientist
Kimley>>>Horn
Project Summary Sheet
Project Name: Garrison Road Site
Applicant Name and Address: TM BTR of Carolinas, LLC, (POC: David Hunter)
11405 North Community House Road, Suite 150
Charlotte, NC 28277
Telephone Number: (704) 477-4179
Type of Request: ® Nationwide PCN (NWT 429) ❑ Individual Permit Application
❑ Jurisdictional Determination
❑ Other:
Included Attachments: ® Project Plans
® USGS Map
® NRCS Soil Survey
® Agent Authorization
® Delineation Sketch
® Delineation Survey
❑ Data Forms (Up & Wet)
❑ NCDWR Stream Forms
❑ USACE Stream Forms
❑ NCDMS Confirmation
® Aerial Photo
❑ Site Photos
® Agency Correspondence
❑ Other:
❑ Other:
Check if applicable: ❑ CAMA County
❑ Trout County
❑ Isolated Waters
❑ Section 7, ESA
❑ Section 106, NHPA
❑ EFH
❑ Mitigation Proposed (❑ NC EEP ❑ On -Site ❑ Off -Site ❑ Other)
County: Mecklenburg
Nearest City/Town: Charlotte
Waterway: Beaverdam Creek
River Basin: Catawba
H.U.C.: 03050101
USGS Quad Name: Belmont
Property Size (acres): 51 acres
Approx. Size of Jurisdiction on
Site (acres): 1,3 79 LF & 0.26-ac
Site Coordinates (in decimal degrees):
35.1924187°N
-81.1058746°W
Project Location: The Garrison Road Site is a proposed single-family residential development situated on an approximately
50.59-acre parcel, located west of Garrison Road and east of Dixie River Road in Charlotte, Mecklenburg County, NC. The subject
property is comprised of undeveloped forested land, agricultural land, single-family residences, Beaverdam Creek, and one dirt
road.
Site Description: The proposed project seeks to construct a residential development, including access roads, utilities, and
stormwater management facilities.
Impact Summary (if applicable): Impacts associated with the proposed development will result in 531 LF/0.044 acres of
permanent impacts to streams and 0.03 acres of permanent impacts to wetlands.
Open Water
Wetland
Stream Channel
Intermittent and/or Unimportant
Perennial and/or Important
NWP
(acres)
(acres)
#
A uatic Function
Aquatic Function
Temp.
Perm.
Temp.
Perm.
Tem .
Perm.
Tem .
Perm.
if
ac
if
ac
if
ac
if
Ac
29
-
-
-
0.03
-
531
0.044
Total
-
-
-
0.03
-
-
531
0.044
-
-
-
-
Total Permanent (Loss) Impact to Non -Wetland Waters of the
531 LF/ 0.44-acre
U.S.
Total Permanent (Loss) Impact to Wetland Waters of the U.S.
0.03-acre
Kimley-Horn Contact: Taylor Kiker, PWS Direct Number: (980)-296-0810
Email: taylor.kiker@kimley-horn.com
STAT
µsae auwn-t°��
NORTH CAROLINA
Environmental Quality
Water Resources
Office Use Only
Corps Action ID no. [Click to enter.]
DWR project no. [Click enter.]
Site Coordinates:
Date received: [Click to enter.]
Date received: [Click to enter.]
Latitude (DD.DDDDDD): 35.187721 °
Longitude (DD.DDDDDD): 80.978408'
Form Version 4.3, 1210412023
Pre -Construction Notification (PCN) Form
(Ver. 4.2, 1210412023)
For Nationwide Permits and Regional General Permits and corresponding Water Quality Certifications
Please note: fields marked with a red asterisk are required. The form is not considered complete until all
mandatory questions are answered.
The PCN help document may be found at this link:
https:Hedocs.deg.nc.gov/WaterResources/DocView.aspx?dbid=0&id=2196924&cr=1
Pagel of 21 PCN Form Version 4.3- December 4, 2023
A. Processing Information
County (counties) where project is located:
Mecklenburg Additional (if needed).
Is this an ARPA project?
❑ Yes ❑x No
If yes, ARPA project number:
" The project number can be found on the "Letter of Intent to Fund"
(LOIF) or "Offer and Acceptance Letter". If you are unable to locate
Click or tap here to enter text.
your DWI ARPA Funding Project Number, please contact Corey
Basinger at core y.basinger[ ncdenr.gov for further assistance.
Is this a NCDMS project?
(Click yes only if NCDMS is the applicant or co-
❑ Yes ❑x No
applicant)
Is this a public transportation project?
(Publicly funded municipal, state, or federal road, rail,
❑ Yes ❑x No
or airport project)
Is this a NCDOT project?
❑ Yes ❑x No
If yes, NCDOT TIP or state project number:
Click to enter.
If yes, NCDOT WBS number:
Click to Pnter.
❑x Section 404 Permit (wetlands, streams, waters,
Clean Water Act)
la. Type(s) of approval sought from the Corps:
❑ Section 10 Permit (navigable waters, tidal
waters, Rivers and Harbors Act)
Has this PCN previously been submitted?
❑ Yes ❑x No
Please provide the date of the previous submission.
Click to enter a date
❑x Nationwide Permit (NWP)
1 b. What type(s) of permit(s) do you wish to seek
El Regional General Permit (RGP)
authorization?
❑ Standard (IP)
This form may be used to initiate the standard/ individual permit
process with the USACE. Please contact your Corps
representative concerning submittals for standard permits. All required items can be included as attachments and
submitted with this form.
1 C. Has the NWP or GP number been verified by the Corps?
® Yes ❑ No
NWP number(s) (list all numbers):
29
RGP number(s) (list all numbers ):
Clink to enter.
Are you a federal applicant?
❑ Yes ❑x No
If yes, please provide a statement concerning compliance with the Coastal Zone Management Act
Click to �.iter text
1d. Type(s) of approval sought from DWR (check all that apply):
❑ 401 Water Quality Certification — Regular
❑ 401 Water Quality Certification— Express
❑ Non-404 Jurisdictional General Permit
❑ Riparian Buffer Authorization
❑x Individual 401 Water Quality Certification
Is this a courtesy copy notification
❑ Yes ❑x No
1 e. Is this notification solely for the record because written approval is not required?
Page 2 of 21 PCN Form Version 4.3- December 4, 2023
For the record only for DWR 401 Certification:
❑ Yes
❑x No
For the record only for Corps Permit:
❑ Yes
❑x No
1f.
Is this an after -the -fact permit/certification application?
❑ Yes
❑x No
1g.
Is payment into a mitigation bank or in -lieu fee program proposed for
® Yes
❑ No
mitigation of impacts?
If yes, attach the acceptance letter from mitigation bank or in -lieu fee program.
1 h.
Is the project located in any of NC's twenty coastal counties?
❑ Yes
❑x No
1 i.
Is the project located within an NC DCM Area of Environmental
❑ Yes
❑x No ❑ Unknown
Concern (AEC)?
1j.
Is the project located in a designated trout watershed?
❑ Yes
❑x No
If yes, you must attach a copy of the approval letter from the appropriate Wildlife Resource Commission Office.
Trout information may be found at this link: http://www.saw.usace.army.mil/Missions/Regulatory-Permit-
Program/Agency-Coordination/Trout.aspx
Page 3 of 21 PCN Form Version 4.3- December 4, 2023
B. Applicant Information
1 a.
Who is the primary contact?
Taylor Kiker
1 b.
Primary Contact Email:
Taylor.Kiker@kimley-horn.com
1 c.
Primary Contact Phone: (###)###-####
(980)296-0810
1 d.
Who is applying for the permit/certification? (check
all that apply)
® Owner ❑ Applicant (other than owner)
1 e.
Is there an agent/consultant for this project?
® Yes ❑ No
2.
Landowner Information
2a.
Name(s) on Recorded Deed:
TM BTR of Carolinas, LLC
2b.
Deed Book and Page No.:
38160/175, 38160/181, 38160/023, 38160/029,
38160/033,38161/268,38161/258,38478/454
2c.
Contact Person (for corporations):
David Hunter
2d.
Address
Street Address:
11405 N COMMUNITY HOUSE RD
Address line 2:
Click to enter.
City:
Charlotte
State/ Province/ Region:
North Carolina
Postal/ Zip Code:
28277
Country:
USA
2e.
Telephone Number: (###)###-####
(a @*)*7EW#4d 79
2f.
Fax Number: (###)###-####
Click to enter.
2g.
Email Address:
DkHtmter@taylormorrison.com
tmter@taylormorrison.com
3. Applicant Information (if different from owner)
3a. Name:
3b. Business Name (if applicable):
3c. Address:
Street Address:
Address line 2:
City:
State/ Province/ Region:
Postal/ Zip Code:
Country
3d. Telephone Number: (###)###-####
3e Fax Number: (###)###-####
Click to enter.
3f. Email Address:
Page 4 of 21 PCN Form Version 4.3- December 4, 2023
4. Agent/ Consultant (if applicable)
4a. Name:
Taylor Kiker
4b. Business Name:
Kimley-Horn and Associates
4c. Address:
Street Address:
200 South Tryon Street
Address line 2:
Suite 200
City:
Charlotte
State/ Province/ Region:
NC
Postal/ Zip Code:
28202
Country:
USA
4d. Telephone Number: (###)###-####
(980)296-0810
4e Fax Number: (###)###-####
Click to enter.
4f. Email Address:
Taylor.Kiker@Kimley-Horn.com
Agent Authorization Letter:
Attach a completed/signed agent authorization form or letter. A sample form may be found at this link:
https://www.saw. usace.army. mil/Missions/Regulatory-Permit-Program/Permits/2017-Nationwide-Permits/Pre-
construction-Notification/
Page 5 of 21 PCN Form Version 4.3- December 4, 2023
C. Project Information and Prior Project History
1. Project Information
la. Name of project:
Garrison Road Site
1 b. Subdivision name (if appropriate):
Click to enter
1 c. Nearest municipality/town:
Charlotte
2.
Project Identification
2a.
Property identification number (tax PIN or parcel ID):
14114202, 14114203, 14114204, 14114101,
14114104, 14114106, 14114108, 14114109,
14114110, 14114111, 14114112, & 14114114
2b.
Property size (in acres):
50.6
2c.
Project Address:
Street Address:
Address line 2:
Click to enter.
City:
State/ Province/ Region:
Postal/ Zip Code:
Country:
2d.
Site coordinates in decimal degrees (using 4-6 digits
after the decimal point):
Latitude (DD.DDDDDD): 35.187721 °
Longitude (-DD.DDDDDD):-80.978408'
3. Surface Waters
3a. Name of nearest body of water to proposed project:
Beaverdam Creek
3b. Water Resources Classification of nearest receiving
C
water:
The Surface Water Classification map may be found at this link:
httr)s://ncdenr. mar)s.arcais.com/apes/webappviewer/index. html?id=6el 25ad7628f494694e259c80dd64265
Catawba
3c. In what river basin(s) is your project located? *
Choo, •dditional (if needed)
3d. Please provide the 12-digit HUC in which the project is
030501011406
located:
The Find Your HUC map may be found at this link:
httr)s://ncdenr.mar)s.arcais.com/apes/Publiclnformation/index.html?appid=ad3a85aOc6d644aOb97cdO69db238ac3
Page 6 of 21 PCN Form Version 4.3- December 4, 2023
4. Project Description and History
4a. 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 Garrison Road Site is a proposed residential development situated on an approximately 50.59-acre parcel,
located west of Garrison Road and east of Dixie River Road in Charlotte, Mecklenburg County, NC. The subject
property is currently comprised of undeveloped forested land, agricultural land, single-family residences,
Beaverdam Creek, and one dirt road. The subject property is bound by undeveloped forested land and single-
family residences in all directions.
4b. Have Corps permits or DWR certifications been obtained for this
❑ Yes ❑x No ❑ Unknown
project (including all prior phases) in the past?
If yes, please give the DWR Certification number and/or Corps
[Click to enter.]
Action ID (ex. SAW-0000-00000):
jClick to enter.]
Attach any pertinent project history documentation
02. Is any portion of the work already complete?
❑ Yes ❑x No
If yes, describe the completed work.
ClicK to enter text.
4c. List of other certifications or approvals/denials received from other federal, state or local agencies for work
described in this application not related to the 404 or 401.
Click to enter text.
4d. Attach an 8'h x 11" excerpt from the most recent version of the USGS topographic map indicating the location of
the project site.
4e. Attach an 8'h x 11" excerpt from the most recent version of the published County NRCS Soil Survey map
depicting the project site.
4f. List the total estimated acreage of all existing wetlands on the
0.03 acres
property:
4g. List the total estimated linear feet of all existing streams (intermittent
1,379 linear feet
and perennial) on the property:
4g1. List the total estimated acreage of all existing open waters on the
property:
acres
4h. Explain the purpose of the proposed project:
The project proposes the construction of a residential development, on -site roadway, utilities, and stormwater
facilities.
4i. Describe the overall project in detail, including the type of equipment to be used:
The proposed project seeks to construct a residential development including access roads, utilities, and
stormwater management facilities. The project seeks authorization under NWP #29 for stream and wetland
impacts associated with grading activities necessary to construct the proposed residential development. The
proposed project will result in a total of 531 LF/0.044-acre of permanent stream impacts and 0.03-acre of
permanent wetland impacts. General construction equipment includes but is not limited to, bulldozers,
excavators, front-end loaders, etc. used for construction purposes.
4j. Attach project drawings/site diagrams/depictions of impact areas for the proposed project.
4k. Will this activity involve dredging in wetlands or waters?
❑ Yes ❑x No
If yes, describe the type of dredging, the composition of the dredged material, and the locations of disposal area.
Click to enter text
Page 7 of 21 PCN Form Version 4.3- December 4, 2023
5.
Jurisdictional Determinations
5a.
Have the wetlands or streams been delineated on
the property or in
® Yes ❑ No ❑ Unknown
proposed impact areas?
Comments:
5b.
If the Corps made a jurisdictional determination,
❑x Preliminary ❑ Approved ❑ Emailed concurrence
what type of determination was made?
❑ Not Verified ❑ Unknown ❑ n/a
Corps AID number (ex. SAW-0000-00000):
SAW-2023-01409
Name (if known): Doug Fox and Gabby Barajas
5c.
If 5a is yes, who delineated the jurisdictional
Agency/Consultant Company: Kimley-Horn and Associates,
areas?
Inc.
Other: flick to enter
5d.
List the dates of the Corps jurisdictional determination or State determination if a determination was made by
either agency.
October 27, 2023
5d1.
Attach jurisdictional determinations.
6. Future Project Plans
6a. Is this a phased project?
❑ Yes ❑x No
6b. If yes, explain.
'nick to enter
Are any other NWP(s), regional general permit(s), or individual permit(s) used, or intended to be used, to
authorize any part of the proposed project or related activity? This includes other separate and distant crossings
for linear projects that require Department of the Army authorization but don't require pre -construction
notification.
Click to entc. .
7. Addresses of adjoining property owners, lessees, etc. whose property adjoins the waterbody (if more than can be
entered here, please attach a supplemental list)
Click to enter.
8. Scheduling of activity:
Click to enter.
Page 8 of 21 PCN Form Version 4.3- December 4, 2023
D. Proposed Impacts Inventory
1. Impacts Summary
❑x Wetlands
1 a. Where are the impacts associated with your project ❑ Buffers
(check all that apply):
❑ Pond Construction
❑x Streams - tributaries
❑ Open Waters
2. Wetland Impacts
If there are wetland impacts proposed on the site, complete this table for each wetland area impacted.
2a.
Site #
2a1.
Impact
Reason/Type
2b.
Impact
Duration
2c.
Wetland Type
2d.
Wetland Name
2e.
Forested
?
2f.
Jurisdiction
Type
2g.
Impact Area
(ac)*
W1
Fill (Incl.
Riprap)
Permanent
Bottomland
Hardwood
Forest
Wetland 3
Yes
Both
0.03
W2
Choose one
Temp/ Perm
Choose one
Click to enter
Y/N
Choose one
Click to enter
W3
Choose one
Temp/ Perm
Choose one
Click to enter
Y/N
Choose one
Click to enter
W4
Choose one
Temp/ Perm
Choose one
Click to enter
Y/N
Choose one
Click to enter
W5
Choose one
Temp/ Perm
Choose one
Click to enter
Y/N
Choose one
Click to enter
W6
Choose one
Temp/ Perm
Choose one
Click to enter
Y/N
Choose one
Click to enter
W7
Choose one
Temp/ Perm
Choose one
Click to enter
Y/N
Choose one
Click to enter
W8
Choose one
Temp/ Perm
Choose one
Click to enter
Y/N
Choose one
Click to enter
W9
Choose one
Temp/ Perm
Choose one
Click to enter
Y/N
Choose one
Click to enter
W10
Choose one
Temp/ Perm
Choose one
Click to enter
Y/N
Choose one
Click to enter
W11
Choose one
Temp/ Perm
Choose one
Click to enter
Y/N
Choose one
Click to enter
W12
Choose one
Temp/ Perm
Choose one
Click to enter
Y/N
Choose one
Click to enter
W13
Choose one
Temp/ Perm
Choose one
Click to enter
Y/N
Choose one
Click to enter
W14
Choose one
Temp/ Perm
Choose one
Click to enter
Y/N
Choose one
Click to enter
W15
Choose one
Temp/ Perm
Choose one
Click to enter
Y/N
Choose one
Click to enter
2g1. Total temporary wetland impacts
Click to enter. ac
2g2. Total permanent wetland impacts
0.03 ac
2g3. Total wetland impacts
0.03 ac
2h. Type(s) of material being discharged and the amount of each type in cubic yards:
Click to enter text.
2i. Comments:
• Impact 3 — Wetland 1
o 0.03-acre of permanent wetland impacts to Wetland 1 results from grading activities necessary to
construct the proposed development.
Page 9 of 21 PCN Form Version 4.3- December 4, 2023
3. Stream Impacts
If there are perennial or intermittent stream/ tributary impacts (including temporary impacts) proposed on the site,
complete this table for all stream/ tributary sites impacted.
** All Perennial or Intermittent streams must be verified by DWR or delegated local government
Site #
3a
Impact
Reason
3b.
Impact
Duration
3c.
Impact
Type
3d.
Stream Name
3e.
Stream
Type
3f.
Jurisdiction
Type
3g.
Stream Width
(avg ft)
3h.
Impact length
(linear ft)
Impact
1
Grading
Permanent
Fill (Incl.
Riprap)
Stream 2
Intermittent
Both
3.8
315
Impact
2
Grading
Permanent
Fill (Incl.
Riprap)
Stream 3
Intermittent
Both
3.2
216
S3
Click to enter
Temp/ Perm
Choose one
Click to enter
Per/Int
Choose one
Click to enter
Click to enter
S4
Click to enter
Temp/ Perm
Choose one
Click to enter
Per/Int
Choose one
Click to enter
Click to enter
S5
Click to enter
Temp/ Perm
Choose one
Click to enter
Per/Int
Choose one
Click to enter
Click to enter
S6
Click to enter
Temp/ Perm
Choose one
Click to enter
Per/Int
Choose one
Click to enter
Click to enter
S7
Click to enter
Temp/ Perm
Choose one
Click to enter
Per/Int
Choose one
Click to enter
Click to enter
S8
Click to enter
Temp/ Perm
Choose one
Click to enter
Per/Int
Choose one
Click to enter
Click to enter
S9
Click to enter
Temp/ Perm
Choose one
Click to enter
Per/Int
Choose one
Click to enter
Click to enter
S10
Click to enter
Temp/ Perm
Choose one
Click to enter
Per/Int
Choose one
Click to enter
Click to enter
S11
Click to enter
Temp/ Perm
Choose one
Click to enter
Per/Int
Choose one
Click to enter
Click to enter
S12
Click to enter
Temp/ Perm
Choose one
Click to enter
Per/Int
Choose one
Click to enter
Click to enter
S13
Click to enter
Temp/ Perm
Choose one
Click to enter
Per/Int
Choose one
Click to enter
Click to enter
S14
Click to enter
Temp/ Perm
Choose one
Click to enter
Per/Int
Choose one
Click to enter
Click to enter
S15
Click to enter
Temp/ Perm
Choose one
Click to enter
Per/Int
Choose one
Click to enter
Click to enter
S16
Click to enter
Temp/ Perm
Choose one
Click to enter
Per/Int
Choose one
Click to enter
Click to enter
S17
Click to enter
Temp/ Perm
Choose one
Click to enter
Per/Int
Choose one
Click to enter
Click to enter
S18
Click to enter
Temp/ Perm
Choose one
Click to enter
Per/Int
Choose one
Click to enter
Click to enter
S19
Click to enter
Temp/ Perm
Choose one
Click to enter
Per/Int
Choose one
Click to enter
Click to enter
S20
Click to enter
Temp/ Perm
Choose one
Click to enter
Per/Int
Choose one
Click to enter
Click to enter
3i1. Total jurisdictional ditch
impact:
Click to enter. linear ft
3i2. Total permanent stream
impacts:
531 linear ft
36. Total temporary stream
impacts:
Click to enter. linear ft
3i4. Total stream and ditch
impacts:
531 linear ft
Page 10 of 21 PCN Form Version 4.3- December 4, 2023
3j. Comments:
The project seeks authorization under NWP #29 for stream associated with grading activities necessary to construct the
proposed residential development. The proposed project will result in a total of 531 LF/0.044-acre of permanent stream
impacts.
• Impact 1 — Stream 2
0 315 LF/0.028-acre of permanent impacts to Stream 2 associated with grading necessary to construct the
proposed development.
• Impact 2 — Stream 3
0 216 LF/0.016-acre of permanent impacts to Stream 3 associated with grading necessary to construct the
proposed development.
Page 11 of 21 PCN Form Version 4.3- December 4, 2023
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., individually list all open water impacts in the table below.
4a.
Site #
4a1.
Impact Reason
4b.
Impact
Duration
4c.
Waterbody Name
4d.
Activity Type*
4e.
Waterbody
Type
4f.
Impact area
(ac)*
01
dick to enter.
Temp/ Perm
Click to enter.
Choose one
Choose one
Click to enter.
02
Click to enter.
Temp/ Perm
Click to enter.
Choose one
Choose one
Click to enter.
03
dick to enter.
Temp/ Perm
Click to enter.
Choose one
Choose one
Click to enter.
04
Click to enter.
Temp/ Perm
Click to enter.
Choose one
Choose one
Click to enter.
05
',lick to enter.
Temp/ Perm
Click to enter.
Choose one
Choose one
Click to enter.
4g.
Total temporary open water impacts
Click to enter. ac
4g.
Total permanent open water impacts
Click to enter. ac
4g.
Total open water impacts
Click to enter. ac
4h.
Comments:
Click to enter.
5.
Pond or Lake Construction
If pond or lake construction is proposed, complete the table below. (*This does NOT include ofFline stormwater
management ponds.)
5a.
5b.
5c.
5d.
5e.
Pond ID
Proposed use or
Wetland Impacts
(ac)
Stream
Impacts (ft)
Upland
#
purpose of pond
Impacts (ac)
Flooded
Filled
Excavated
Flooded
Filled
Excavated
P1
Choose one
Click tL
Click to
Click to
Click to
Click to
Click to
Click to
enter.
enter.
enter.
enter.
enter.
enter.
enter.
P2
Choose one
Click to
Click to
Click to
Click to
Click to
Click to
Click to
enter.
enter.
enter.
enter.
enter.
enter.
enter.
P3
Choose one
Click to
Click to
Click to
Click to
Click to
Click to
Click to
enter.
enter.
enter.
enter.
enter.
enter.
enter.
5f.
Total
Click to
Click to
Click to
Click to
Click to
Click to
Click to
enter.
enter.
enter.
enter.
enter.
enter.
enter.
5g.
Comments:
Click to enter.
5h.
Is a dam high hazard permit required?
❑ Yes ❑ No
If yes, permit ID no.:
Click to enter.
5i.
Expected pond surface area (acres):
Click to enter.
5j.
Size of pond watershed (acres):
Click to enter.
5k.
Method of construction:
Click to enter.
Page 12 of 21 PCN Form Version 4.3- December 4, 2023
6. Buffer Impacts (DWR requirement)
If project will impact a protected riparian buffer, then complete the chart below. Individually list all buffer impacts.
6a. Project is in which protected basin(s)?
(Check all that apply.)
❑ Neuse ❑ Tar -Pamlico ❑ Catawba
❑ Jordan ❑ Goose Creek ❑ Randleman
❑ Other: Click to enter.
Site #*
6b.
Impact Type*
6c.
Impact Duration*
6d.
Stream Name*
6e.
Buffer
Mitigation
Required?*
6f.
Zone 1 Impact*
(sq ft)
6g.
Zone 2 Impact*
(sq ft)
B1
Choose one
Temp/ Perm
Click to enter.
Y/N
Click to enter.
Click to enter.
B2
Choose one
Temp/ Perm
Click to enter.
Y/N
Click to enter.
Click to enter.
B3
Choose one
Temp/ Perm
Click to enter.
Y/N
Click to enter.
Click to enter.
B4
Choose one
Temp/ Perm
Click to enter.
Y/N
Click to enter.
Click to enter.
B5
Choose one
Temp/ Perm
Click to enter.
Y/N
Click to enter.
Click to enter.
B6
Choose one
Temp/ Perm
Click to enter.
Y/N
Click to enter
Click to enter.
B7
Choose one
Temp/ Perm
Click to enter.
Y/N
Click to enter
Click to enter.
B8
Choose one
Temp/ Perm
Click to enter.
Y/N
Click to enter
Click to enter.
B9
Choose one
Temp/ Perm
Click to enter.
Y/N
Click to enter
Click to enter.
B10
Choose one
Temp/ Perm
Click to enter.
Y/N
Click to enter
Click to enter.
B11
Choose one
Temp/ Perm
Click to enter.
Y/N
Click to enter
Click to enter.
B12
Choose one
Temp/ Perm
Click to enter.
Y/N
Click to enter.
Click to enter.
B13
Choose one
Temp/ Perm
Click to enter.
Y/N
Click to enter
Click to enter.
B14
Choose one
Temp/ Perm
Click to enter.
Y/N
Click to enter
Click to enter.
B15
Choose one
Temp/ Perm
Click to enter.
Y/N
Click to enter
Click to enter.
B16
Choose one
Temp/ Perm
Click to enter.
Y/N
Click to enter
Click to enter.
B17
Choose one
Temp/ Perm
Click to enter.
Y/N
Click to enter
Click to enter.
B18
Choose one
Temp/ Perm
Click to enter.
Y/N
Click to enter
Click to enter.
B19
Choose one
Temp/ Perm
Click to enter.
Y/N
Click to enter
Click to enter.
B20
Choose one
remp/ Perm
Click to enter.
Y/N
Click to enter.
Click to enter.
6h. Total temporary impacts:
Zone 1: Click to enter sq ft
Zone 2: Click to enter. sq ft
6h. Total permanent impacts:
Zone 1: Click to enter. sq ft
Zone 2: Click to enter. sq ft
6h. Total combined buffer impacts:
Zone 1: Click to enter. sq ft
Zone 2: Click to enter. sq ft
6i. Comments:
Click to enter.
Please attach supporting documentation (impact maps, plan sheets, etc.) for the proposed project.
Page 13 of 21 PCN Form Version 4.3- December 4, 2023
E. Impact Justification and Mitigation
1. Avoidance and Minimization
1 a. Specifically describe measures taken to avoid or minimize the proposed impacts through project design:
Avoidance and minimization efforts were implemented during development planning and design to the greatest extent
practicable in order to reduce the overall impacts on the aquatic environment while staying within nationwide permit
thresholds. The final plan demonstrates maximum avoidance and minimization efforts by reducing the proposed
stream impacts. The rationale to support avoidance and minimization efforts include the following:
• Avoidance of the remaining 848 LF of streams on -site.
• Approximately 12 LF of impacts to Stream 2 will be avoided through the construction of a 28 ft tall retaining
wall.
• Approximately 12 LF of impacts Stream 3 will be avoided through the construction of an 18 ft tall retaining wall.
1 b. Specifically describe measures taken to avoid or minimize proposed impacts through construction techniques:
Stormwater facilities are sized and positioned to minimize impacts to the greatest extents practicable. Temporary
erosion control measures, including but not limited to skimmer basins and silt fence, will be implemented to
minimize sediment laden runoff from exiting the site.
2. Compensatory Mitigation for Impacts to Waters of the U.S., Waters of the State, or Riparian Buffers
2a. If compensatory mitigation is required, by whom is it required? ❑x DWR ❑x Corps
(check all that apply)
2b. If yes, which mitigation option(s) will be used for this ® Mitigation Bank
project? (check all that apply) ❑x In Lieu Fee Program
❑ Permittee Responsible Mitigation
3. Complete if using a Mitigation Bank
(Must satisfy NC General Statute143-214.11 (d1).)
3a. Name of mitigation bank:
WLS Catawba 01 LIMB - Starker
3b. Credits purchased/requested:
Type: Stream
Quantity 965.69
Type: Choose one
Quantity Click to enter.
Type: Choose one
Quantity Click to enter.
Attach receipt and/or approval letter.
3c. Comments:
A Statement of Availability is attached.
4. Complete if Using an In Lieu Fee Program
4a. Attach approval letter from in lieu fee program.
4b. Stream mitigation requested:
49 linear feet
4c. If using stream mitigation, what is the stream temperature:
warm
NC Stream Temperature Classification Maps can be found under the Mitigation Concepts tab on the Wilmington
District's RIBITS website: (Please use the filter and select Wilmington district)
https://ribits.usace.army.mil/ribits apex/f?p=107:27:2734709611497::NO: RP:P27 BUTTON KEY:O
4d. Buffer mitigation requested (DWR only):
Click to enter. square feet
Page 14 of 21 PCN Form Version 4.3- December 4, 2023
4e.
Riparian wetland mitigation requested:
Click to enter. acres
4f.
Non -riparian wetland mitigation requested:
Click to enter. acres
4g.
Coastal (tidal) wetland mitigation requested:
Click to enter. acres
4h.
Comments:
Compensatory mitigation will be met by the purchase of credits through the WLS Catawba 01 UMB — Starker
Bank and the NC Division of Mitigation Services (NCDMS) in -lieu fee program. Based on an NCSAM
assessment of Medium for Stream 2 and Stream 3, mitigation is proposed at a 2:1 ratio for permanent impacts to
these features associated with the grading necessary to construct the residential development. In total, 1,062
stream mitigation credits will be purchased to offset impacts associated with this project. A Statement of
Availability from the WLS Catawba 01 UMB — Starker Bank and NCDMS are included along with Quality
Assessment Results.
5. Complete if Providing a Permittee Responsible Mitigation Plan
5a. If proposing a permittee responsible mitigation plan, provide a description of the proposed mitigation plan,
including mitigation credits generated.
Click to Pnter
5b. Attach mitigation plan/documentation.
6.
Buffer Mitigation (State Regulated Riparian Buffer Rules) — DWR requirement
6a.
Will the project result in an impact within a protected riparian buffer
❑ Yes ❑ No
that requires buffer mitigation?
If yes, please complete this entire section — please contact DWR for more information.
6b.
If yes, identify the square feet of impact to each zone of the riparian buffer that requires
mitigation. Calculate the
amount of mitigation required in the table below.
6c.
6d.
6e.
Zone
Reason for impact
Total impact
Multiplier
Required mitigation
(square feet)
(square feet)
Zone 1
Click to enter.
Click to enter.
Choose one
Click to enter.
Zone 2
Click to enter.
Click to enter.
Choose one
Click to enter.
6f. Total buffer mitigation required
Click to enter
6g.
If buffer mitigation is required, is payment to a mitigation bank or
❑Yes El No
NC Division of Mitigation Services proposed?
6h.
If yes, attach the acceptance letter from the mitigation bank or NC Division of Mitigation Services.
6i.
Comments:
Click to enter.
Page 15 of 21 PCN Form Version 4.3- December 4, 2023
F. Stormwater Management and Diffuse Flow Plan (DWR requirement)
1. Diffuse Flow Plan
1 a. Does the project include or is it adjacent to protected riparian buffers
❑ Yes ❑x No
identified within one of the NC Riparian Buffer Protection Rules?
1 b. All buffer impacts and high ground impacts require diffuse flow or other form of stormwater treatment. If the
project is subject to a state implemented riparian buffer protection program, include a plan that fully documents
how diffuse/dispersed flow will be maintained.
All Stormwater Control Measures (SCM) must be designed in accordance with the NC Stormwater Design
Manual (https:Hdeg.nc.gov/about/divisions/energv-mineral-land-resources/energv-mineral-land-permit-
guidance/stormwater-bmp-manual).
Associated supplement forms and other documentation must be provided.
❑ Level Spreader
What Type of SCM are you
❑ Vegetated Conveyance (lower seasonal high water table- SHWT)
providing?
❑ Wetland Swale (higher SHWT)
(Check all that apply)
❑ Other SCM that removes minimum 30% nitrogen
❑ Proposed project will not create concentrated stormwater flow through the
buffer
For a list of options to meet the diffuse flow requirements, click here.
Attach diffuse flow documentation.
2.
Stormwater Management Plan
2a.
Is this an NCDOT project subject to compliance with NCDOT's
Individual NPDES permit NCS000250?
❑ Yes ❑x No
2b.
Does this project meet the requirements for low density projects as
defined in 15A NCAC 02H .1003(2)?
El Yes ❑x No
To look up low density requirements, click here:
http:Hreports. oah.state. nc. us/ncac/title%2015a%20-%20environ mental%20g uaIity/cha Ater%2002%20-
%20environmental%20management/subchapter%20h/15a%20ncac%2002h%20.1003. pdf
2c.
Does this project have a stormwater management plan (SMP)
❑ Yes ❑x No
reviewed and approved under a state stormwater program or state -
approved local government stormwater program?
❑ n/a — project disturbs < 1 acre
Note: Projects that have vested rights, exemptions, or grandfathering from state or locally implemented
stormwater programs or projects that satisfy state or locally -implemented stormwater programs through use of
community in -lieu programs should answer "no" to this question.
2d.
Which of the following stormwater management program(s) apply?
❑x Local Government
(Check all that apply.)
❑ State
If you have local government approval, please include the SMP on their overall impact map.
❑x Phase II ❑ USMP
Local Government Stormwater Programs
❑ NSW ❑ Water Supply
Page 16 of 21 PCN Form Version 4.3- December 4, 2023
Please identify which local government stormwater program you are using.
Mecklenburg County
State Stormwater Programs ❑ Phase II ❑ HQW or ORW
❑ Coastal Counties ❑ Other
Comments:
Click to enter.
Page 17 of 21 PCN Form Version 4.3- December 4, 2023
G. Supplementary Information
1. Environmental Documentation
1 a. Does the project involve an expenditure of public (federal/state/local)
❑ Yes ❑x No
funds or the 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 (North Carolina) Environmental
El Yes El No
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
❑ Yes ❑ No
NEPA or SEPA final approval letter.)
Comments:
Click to enter.
2. Violations (DWR Requirement)
2a. Is the site in violation of DWR Water Quality Certification Rules (15A
NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300),
Federally Non -Jurisdictional Wetlands /Classified Surface Waters
❑ Yes ❑x No
(15A NCAC 2H. 1400) DWR Surface Water or Wetland Standards or
Riparian Buffer Rules (15A NCAC 2B .0200)?
2b. If you answered "yes" to the above question, provide an explanation of the violation(s):
LACK to enter.
3. Cumulative Impacts (DWR Requirement)
3a. Will this project (based on past and reasonably anticipated future
impacts) result in additional development, which could impact nearby
❑ Yes ❑x No
downstream water quality?
3b. If you answered "no", provide a short narrative description:
The proposed development is not anticipated to result in future development that would affect downstream water
quality.
3c. If yes, provide a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWR
policy. (Attach .pdo
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project? ® Yes ❑ No ❑ N/A
Page 18 of 21 PCN Form Version 4.3- December 4, 2023
4b. If yes, describe in detail the treatment methods and dispositions (non -discharge or discharge) of wastewater
generated from the proposed project. If the wastewater will be treated at a treatment plant, list the capacity
available at that plant.
Wastewater generated from the site will be collected and routed using the proposed sanitary sewer gravity
network. The proposed sewer system falls to an existing sanitary sewer main located on along the eastern bank
of Beaverdam Creek.
5.
Endangered Species and Designated Critical Habitat (Corps Requirement)
5a.
Will this project occur in or near an area with federally protected
® Yes ❑ No
species or habitat? (IPAC weblink: https://www.fws.gov/ipac/ Ifws.govl)
5b.
Have you checked with the USFWS concerning Endangered Species
® Yes ❑ No
Act impacts?
5c.
If yes, indicate the USFWS Field Office you have contacted.
Asheville
5d.
Is another federal agency involved?
❑ Yes ❑x No ❑ Unknown
If yes, which federal agency?
:,lick to enter.
5e.
Is this a DOT project located within Divisions 1-8?
❑ Yes ❑x No
5f.
Will you cut any trees in order to conduct the work in waters of the
U.S.?
®Yes El No
5g.
Does this project involve bridge maintenance or removal?
❑ Yes ❑x No
5g1.
If yes, have you inspected the bridge for signs of bat use such as
staining, guano, bats, etc.? Representative photos of signs of bat use
❑ Yes ❑ No
can be found in the NLEB SLOPES, Appendix F, pages 3-7.
Representative photos of signs of bat use can be found in the NLEB SLOPES, Appendix F, pages 3-7. Link to
NLEB SLOPES document: http://saw-rea.usace.army.mil/NLEB/1-30-17-signed
NLEB-SLOPES&apps.pdf
If you answered yes to 5g1, did you discover any signs of bat use?
❑ Yes ❑ No ❑ Unknown
If yes, please show the location of the bridge on the permit drawings/ project plans
5h.
Does this project involve the construction/ installation of a wind
turbine(s)?
❑ Yes ❑x No
If yes, please show the location of the wind turbine(s) on the permit drawings/ project plans (attach .pdo
5i.
Does this project involve blasting and /or other percussive activities
that will be conducted by machines, such as jackhammers,
❑ Yes ❑x No
mechanized pile drivers, etc.?
If yes, please provide details to include type of percussive activity, purpose,
duration, and specific location of this
activity on the property (attach .pdo
Page 19 of 21 PCN Form Version 4.3- December 4, 2023
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated
Critical Habitat?
A review of the North Carolina Natural Heritage Program (NCNHP) database on January 29, 2024, did not indicate
known occurrences of threatened or endangered species within the project boundary. Potentially suitable habitat for
threatened and endangered plant species on -site was surveyed. A concurrence response from USFWS was received
on March 13, 2023, indicating that the USFWS was in agreeance with the "may affect, not likely to adversely affect"
(MANLAA) biological conclusion for the plant species Schweinitz's sunflower (Helianthus schweinitzii), Michaux's
sumac (Rhus michauxii), and smooth coneflower (Echinacea laevigata). A copy of the USFWS correspondence is
attached.
Attach consultation documentation.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as
an Essential Fish Habitat?
❑ Yes ❑x No
Is there submerged aquatic vegetation (SAV) around
the project vicinity?
El Yes El No ❑x Unknown
Will this project affect submerged aquatic vegetation?
❑ Yes ❑ No ❑x Unknown
Explain: Click to enter.
6b. What data source(s) did you use to determine whether your site would impact Essential Fish Habitat?
NCNHP element occurrence database did not indicate the presence of EFH within the project boundary.
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
Link to the State Historic Preservation Office Historic Properties Map (does not include archaeological data):
http://qis.ncdcr.gov/hpoweb/
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 status (e.g., National Historic Trust designation or
❑ Yes ❑x No
properties significant in North Carolina history and archaeology)?
7b. What data source(s) did you use to determine whether your site would impact historic or archeological
resources?
Kimley-Horn consulted the North Carolina State Historic Preservation Office (SHPO) HPOWEB GIS service on
March 5, 2024. No architectural, cultural, or historic resources were identified within the site boundary. A request
letter was submitted to SHPO to determine the presence of architectural, cultural, or historic resources on March
5, 2024. SHPO responded on April 3, 2024, with no comments. A copy of the response is included.
7c. Attach historic or prehistoric documentation.
8. Flood Zone Designation (Corps Requirement)
Link to the FEMA Floodplain Maps: https://msc.fema.ciov/portal/search
8a. Will this project occur in a FEMA-designated 100-year floodplain? *
® Yes ❑ No
8b. If yes, explain how the project meets FEMA requirements.
No construction associated with the proposed development will occur in the FEMA 100-year floodplain.
Page 20 of 21 PCN Form Version 4.3- December 4, 2023
8c. What source(s) did you use to make the floodplain determination?
FIRM Panel 4502
H. Miscellaneous
Comments:
( Iirrlr 4n anfar
Attach pertinent documentation or attachments not previously requested
I. Signature *
❑x By checking the box and signing below, I, as the project proponent, certify to the following:
• The project proponent hereby certifies that all information contained herein is true, accurate, and complete, to
the best of my knowledge and belief;
• The project proponent hereby requests that the certifying authority review and take action on this CWA 401
certification request within the applicable reasonable period of time;
• The project proponent hereby agrees that submission of this PCN form is a "transaction" subject to Chapter
66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
• The project proponent hereby agrees to conduct this transaction by electronic means pursuant to Chapter 66,
Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
• The project proponent hereby understands that an electronic signature has the same legal effect and can be
enforced in the same way as a written signature; AND
• As the project proponent, I intend to electronically sign and submit the PCN/online form.
Full Name: Taylor Kiker
Signature: Ik
Date: 05/08/2024
Page 21 of 21 PCN Form Version 4.3- December 4, 2023
AGENT AUTHORIZATION
DocuSign Envelope ID: 683797EF-B02F-4AFD-8496-CBFCB9D84D5C
AGENT AUTHORIZATION FORM
Megan Ledbetter
Name:
11405 N Community House Road Charlotte, NC 28277
Address:
Phone: 336-608-9345
Email: mledbetter@taylormorrison.com
Project Name/Description: Taylor Morrison - Garrison Road Site
Date: 7/5/2023
The Department of the Army
U.S. Army Corps of Engineers, Wilmington District
Charlotte Regulatory Field Office
Attention: Doug Perez
Re: Wetland Related Consulting and Permitting
Taylor Morrison . hereby designates and authorizes Kimley-Horn and Associates,
Inc. to act in my/our behalf as my/our agent solely for the purpose of processing Jurisdictional
Determinations, Section 404 permits/Section 401 Water Quality Certifications applications and
to furnish upon request supplemental information in support of applications, etc. from this day
forward until successful completion of the permitting process or revocation by the owner.
In addition, I, the undersigned, under contract to purchase the property/properties identified
herein, do authorize representatives of the Wilmington District, U.S. Army Corps of Engineers
(Corps) to enter upon the property herein described for the purpose of conducting on -site
investigations and issuing a determination associated with Waters of the U.S. subject to Federal
jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and
Harbors Act of 1899.
5th y
Authorized this the day of 7u1
Megan Ledbetter
Authorized Representative
(Print Name)
2023
EAt
DocuSigned by:
f,�LbL fc,y� 5MMIM2M Representative
(Signature)
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PRELIMINARY JURISDICTIONAL
REQUEST
DEPARTMENT OF THE ARMY
U.S. ARMY CORPS OF ENGINEERS, WILMINGTON DISTRICT
CHARLOTTE REGULATORY OFFICE
8430 UNIVERSITY EXECUTIVE PARK DRIVE, SUITE 616
CHARLOTTE NORTH CAROLINA 28262
October 27, 2023
Regulatory Program/Division
Megan Ledbetter
TM BTR of Carolinas, LLC
11405 N Community House Rd.
Charlotte, NC 28277
Via Email: mledbetter@taylormorrision.com
Dear Ms. Ledbetter:
This letter is in response to your request to the Wilmington District, Charlotte
Regulatory Office for a preliminary jurisdictional determination (PJD). The project/review
area is located on the W side of Garrison Road, S of the intersection of Mt. Olive
Church Road and Dixie River Road, at Latitude 35.187721 and Longitude-80.978408;
in Charlotte, Mecklenburg County, North Carolina. The review area for this
determination is limited to an approximately 50.6 acre(s) area (comprised of 12 parcels
(parcel numbers: 14114202, 141142037 141142047 141141017 141141067 141141087
141141097 141141107 141141117 14114112, and 14114114)), which is illustrated on the
enclosed site maps. This project has been assigned the file number SAW-2023-01409
(Garrison Road Site). This file number should be referenced in all correspondence
concerning this project.
Based on our review of the information you furnished, and other information
available to our office, we have preliminarily determined the above -referenced area may
contain approximately 1,379 linear feet and 0.03-acre of waters of the United States
under the U.S. Army Corps of Engineers (Corps) regulatory jurisdiction. These waters
are identified in the enclosed site maps, "PJD Field Sketch" dated July 1, 2023. This
determination was made in accordance with the Corps regulatory authority pursuant to
Section 404 of the Clean Water Act, and based upon criteria contained in the 1987
Corps of Engineers Wetland Delineation Manual and the Eastern Mountains and
Piedmont regional supplement.
Section 404 of the Clean Water Act requires a Department of the Army (DA) permit
be obtained prior to the discharge of dredged or fill material into waters of the United
States, including wetlands. Section 10 of the Rivers and Harbors Act of 1899 requires a
DA permit be obtained for any work in, on, over or under navigable waters of the United
States.
For purposes of computation of impacts, compensatory mitigation requirements, and
other resource protection measures, a permit decision made based on a preliminary
jurisdictional determination will treat all waters including wetlands that would be affected
in any way by the permitted activity on the site as if they are jurisdictional waters of the
U.S. This preliminary determination is not an appealable action under the Regulatory
Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you
may request an approved jurisdictional determination, which is an appealable action, by
contacting the Corps district for further instructions. Please sign and return the
attached PJD form within 30 days of receipt. If a signed PJD form is not received within
30 days of the date of this letter, the Corps will presume concurrence.
This determination has been conducted to identify the limits of Corps' Clean Water
Act jurisdiction for the review area identified in this request. The determination may not
be valid for the wetland conservation provisions of the Food Security Act of 1985. If you
or your tenant are USDA Program participants, or anticipate participation in USDA
programs, you should request a certified wetland determination from the local office of
the Natural Resources Conservation Service, prior to starting work.
You are cautioned that work performed in areas which may be waters of the United
States, as indicated in the preliminary JD, without a Department of the Army permit
could subject you to enforcement action.
If you have any questions concerning this correspondence, please contact Doug
Perez, Biologist -Regulatory Specialist of the Charlotte Regulatory Field Office at (704)
510-1439, by mail at the above address, or by email at doug.j.perez@usace.army.mil.
Please take a moment to complete our customer satisfaction survey located at
http://corpsmapu. usace. army. m it/cm_apex/f?p=136.4.0.
Sincerely,
Z [1 . AQT
Doug Perez
Biologist -Regulatory Specialist
Enclosures
cc: Taylor Kiker, Kimley-Horn (via taylor.kiker@kimley-horn.com)
PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD: 10/27/2023
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Megan Ledbetter, 11405 N Community House Rd.,
Charlotte, NC 28277
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington, Garrison Road Site, SAW-2023-01409
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION The project/review area is located on the W side
of Garrison Road, S of the intersection of Mt. Olive Church Road and Dixie River Road.
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC
RESOURCES AT DIFFERENT SITES)
State: North Carolina County: Mecklenburg City: Charlotte
Center coordinates of site (lat/long in degree decimal format): Latitude: 35.187721 Longitude:-80.978408
Universal Transverse Mercator:
Name of nearest waterbody: Beaverdam Creek
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECKALL THAT APPLY):
® Office (Desk) Determination. Date: 10/27/2023
❑ Field Determination. Date(s):
TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAYBE" SUBJECT TO REGULATORY
JURISDICTION
Site Number
Latitude
Longitude
Estimated
Type of aquatic
Geographic authority to
(decimal
(decimal degrees)
amount of
resources (i.e.,
which the aquatic
degrees)
aquatic
wetland vs. non-
resource "may be"
resources in
wetland waters)
subject (i.e., Section 404
review area
or Section 10/404)
(acreage and
linear feet, if
applicable
Non -wetland
S1
35.18893
-80.9803
770 FEET
Waters
Section 404
Non -wetland
S2
35.18752
-80.9792
347 FEET
Waters
Section 404
Non -wetland
S3
35.18651
-80.9803
262 FEET
Waters
Section 404
W1
35.18653
-80.9796
.03 ACRES
Wetland
Section 404
I . The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review area, and
the requestor of this PJD is hereby advised of his or her option to request and obtain an approved JD
(AJD) for that review area based on an informed decision after having discussed the various types of JDs
and their characteristics and circumstances when they may be appropriate.
2. In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General
Permit (NWP) or other general permit verification requiring "pre- construction notification" (PCN), or
requests verification for a non -reporting NWP or other general permit, and the permit applicant has not
requested an AJD for the activity, the permit applicant is hereby made aware that: (1) the permit applicant
has elected to seek a permit authorization based on a PJD, which does not make an official determination
of jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before accepting the
terms and conditions of the permit authorization, and that basing a permit authorization on an AJD could
possibly result in less compensatory mitigation being required or different special conditions; (3) the
applicant has the right to request an individual permit rather than accepting the terms and conditions of the
NWP or other general permit authorization; (4) the applicant can accept a permit authorization and
thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation
requirements the Corps has determined to be necessary; (5) undertaking any activity in reliance upon the
subject permit authorization without requesting an AJD constitutes the applicant's acceptance of the use of
the PJD; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking
any activity in reliance on any form of Corps permit authorization based on a PJD constitutes agreement
that all aquatic resources in the review area affected in any way by that activity will be treated as
jurisdictional, and waives any challenge to such jurisdiction in any administrative or judicial compliance
or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the
applicant elects to use either an AJD or a PJD, the JD will be processed as soon as practicable. Further,
an AJD, a proffered individual permit (and all terms and conditions contained therein), or individual
permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an
administrative appeal, it becomes appropriate to make an official determination whether geographic
jurisdiction exists over aquatic resources in the review area, or to provide an official delineation of
jurisdictional aquatic resources in the review area, the Corps will provide an AJD to accomplish that
result, as soon as is practicable. This PJD finds that there "may be" waters of the U.S. and/or that there
"may be" navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the
review area that could be affected by the proposed activity, based on the following information:
SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items are included in the administrative record
and are appropriately cited:
®Maps, plans, plots or plat submitted by or on behalf of the PJD requestor:
Map: "PJD Field Sketch" dated 7/1/2023
®Data sheets prepared/submitted by or on behalf of the PJD requestor. Datasheets: NCDWO Stream ID Forms, Wetland
Determination Data Forms. APT dated 11/2/2022
❑ Office concurs with data sheets/delineation report.
❑ Office does not concur with data sheets/delineation report. Rationale:
❑ Data sheets prepared by the Corps:
❑ Corps navigable waters' study: CORPS STUDY LABEL dated CORPS STUDY DATE
®U.S. Geological Survey Hydrologic Atlas:
®USGS NHD data: NHD Dataset dated July 2023
❑USGS 8 and 12 digit HUC maps: USGS WBD LABEL dated USGS WBD DATE
® U. S. Geological Survey map(s). Cite scale & quad name: 1:12,000 — Charlotte West dated Jules
® Natural Resources Conservation Service Soil Survey. Citation: SSURGO Soils —Mecklenburg County dated July 2023
® National wetlands inventory map(s). Cite name: NWI Digital Mapper dated July 2023
❑ State/local wetland inventory map(s): NWI Digital Mapper dated LOCAL NWI DATE
❑ FENIA&IRM maps: FEMA NFHL LABEL dated FEMA NFHL DATE
❑ 100-year Floodplain Elevation is: ELEVATION (National Geodetic Vertical Datum of 1929)
FLOOD ELEVATION LABEL dated FLOOD ELEVATION DATE
® Photographs: ® Aerial (Name & Date): Nearmap dated 2022
or ® Other (Name & Date): Site Photographs dated 11/2/2022
❑Previous determination(s). File no. and date of response letter: PREVIOUS DETERMINATION LABEL dated
PREVIOUS DETERMINATION DATE
❑ Other information (please specify):
OTHER INFORMATION LABEL dated OTHER INFORMATION DATE
IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and
should not be relied upon for later jurisdictional determinations.
9 AQT
Signature and date of Regulatory
staff member completing PJD
Doug Perez
10/27/2023
Signature and date of person requesting
PJD (REQUIRED, unless obtaining
the signature is impracticable)'
1 Districts may establish timeframes for requester to return signed PJD forms. If the requester does not respond within the established time frame, the
district may presume concurrence and no additional follow up is necessary prior to finalizing an action.
NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: Megan Ledbetter, TM BTR of Carolinas,
File Number: SAW-2023-01409
Date: 10/27/2023
LLC
Attached is:
See Section below
❑
INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission)
A
❑
PROFFERED PERMIT (Standard Permit or Letter of permission)
B
❑
PERMIT DENIAL WITHOUT PREJUDICE
C
❑
PERMIT DENIAL WITH PREJUDICE
D
❑
APPROVED JURISDICTIONAL DETERMINATION
E
❑x
PRELIMINARY JURISDICTIONAL DETERMINATION
j F
SECTION I
The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional information may be found at https://www.usace.army.miI/Missions/CiviI-Works/Regulatory-
Program-and- Perm its/appeals/ or Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the
district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the
LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP
means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its
terms and conditions, and approved jurisdictional determinations associated with the permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein,
you may request that the permit be modified accordingly. You must complete Section 11 of this form and
return the form to the district engineer. Upon receipt of your letter, the district engineer will evaluate your
objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to
address some of your objections, or (c) not modify the permit having determined that the permit should
be issued as previously written. After evaluating your objections, the district engineer will send you a
proffered permit for your reconsideration, as indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the
district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the
LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP
means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its
terms and conditions, and approved jurisdictional determinations associated with the permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and
conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the form to the division engineer. This
form must be received by the division engineer within 60 days of the date of this notice.
-1-
C. PERMIT DENIAL WITHOUT PREJUDICE: Not appealable
You received a permit denial without prejudice because a required Federal, state, and/or local authorization
and/or certification has been denied for activities which also require a Department of the Army permit before
final action has been taken on the Army permit application. The permit denial without prejudice is not
appealable. There is no prejudice to the right of the applicant to reinstate processing of the Army permit
application if subsequent approval is received from the appropriate Federal, state, and/or local agency on a
previously denied authorization and/or certification.
D: PERMIT DENIAL WITH PREJUDICE: You may appeal the permit denial
You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section 11 of this form and sending the form to the division engineer. This form must be received
by the division engineer within 60 days of the date of this notice.
E: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or
provide new information for reconsideration
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps
within 60 days of the date of this notice means that you accept the approved JD in its entirety and waive
all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of
Engineers Administrative Appeal Process by completing Section 11 of this form and sending the form to
the division engineer. This form must be received by the division engineer within 60 days of the date of
this notice.
• RECONSIDERATION: You may request that the district engineer reconsider the approved JD by
submitting new information or data to the district engineer within 60 days of the date of this notice. The
district will determine whether the information submitted qualifies as new information or data that justifies
reconsideration of the approved JD. A reconsideration request does not initiate the appeal process. You
may submit a request for appeal to the division engineer to preserve your appeal rights while the district
is determining whether the submitted information qualifies for a reconsideration.
F: PRELIMINARY JURISDICTIONAL DETERMINATION: Not appealable
You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not
appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the
Corps district for further instruction. Also, you may provide new information for further consideration by the
Corps to reevaluate the JD.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision you
If you have questions regarding the appeal process, or
may contact:
to submit your request for appeal, you may contact:
District Engineer, Wilmington Regulatory Division
Philip Shannin
Attn: Doug Perez
Regulatory Administrative Appeal Review Officer
Wilmington District U.S. Army Corps of Engineers
U.S. Army Corps of Engineers
8430 University Executive Park Dr. Suite 615
South Atlantic
Charlotte, NC 28262
60 Forsyth Street, Room M9
Atlanta, Georgia 30303-8801
Phone: (404) 562-5136
Email: phi lip. a.shannin2 usace.army.miI
-2-
SECTION II — REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your
objections to an initial proffered permit in clear concise statements. Use additional pages as necessary. You
may attach additional information to this form to clarify where your reasons or objections are addressed in
the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps
memorandum for the record of the appeal conference or meeting, and any supplemental information that the
review officer has determined is needed to clarify the administrative record. Neither the appellant nor the
Corps may add new information or analyses to the record. However, you may provide additional information
to clarify the location of information that is already in the administrative record.
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any
government consultants, to conduct investigations of the project site during the course of the appeal
process. You will be provided a 15-day notice of any site investigation and will have the opportunity to
participate in all site investigations.
Date:
Signature of appellant or agent.
Email address of appellant and/or agent:
Telephone number:
-3-
Y�
�'�
Legend : ; •���' :�;�. �,� � �' � '�!"`�,, j` r Project Boundary Wetlands (Potentially Jurisdictional Wetland WOTUS)
Photo Locations Streams (Potentially Jurisdictional Non -Wetland WOTUS) r
IntermittentF sad,
Upland Data Form r, • y ��;,:�
�-: }:.l
-^^- Perennial � �++ _ h
Wetland Data FormTI
,Stream 1 (770 LF/ 0.18 ac)0.5r' f f•°:•''" �; ,� r
e.
Jw
_ki}• s. r .. r it ' t
Stream 2 (347 LF/ 0.03 ac) "
�r
.#r
Stream 3 (262 LF/ 0.02 ac) �.. Y Y.
r _ Wetland 1 (0.03 ac)
6
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350
Kimley)>>Horn
Figure 4
PJD Field Sketch
Taylor Morrison - Garrison Road Site
Mecklenburg County, NC
July 2023
AGENCY CORRESPONDENCE
Fox, Doug
From: Hamstead, Byron A <byron_hamstead@fws.gov>
Sent: Monday, March 13, 2023 4:04 PM
To: Fox, Doug
Cc: Tinklenberg, Chris; Kiker, Taylor
Subject: Re: [EXTERNAL] Taylor Morrison - Garrison Road Project - Mecklenburg County -
USFWS Concurrence
Hey Doug,
We offer the following comments to inform prudent effect determinations to federally listed species from the
appropriate action agency:
Based on the information provided, low quality suitable habitat is present within the proposed action area for the
federally endangered Schweinitz's sunflower (Helianthus scwheinitzii), Michaux's sumac (Rhus michauxii), and the
federally threatened smooth coneflower (Echinacea laevigata). However, targeted botanical surveys of the proposed
action area conducted during the appropriate timeframes (October 28, 2022) did not detect evidence of those species at
that time. Therefore, we would concur with "may affect, not likely to adversely affect," determinations for these species
from the appropriate action agency. These survey results are valid for 2 years for the purposes of consultation under
section 7 of the Endangered Species Act. https://www.fws.gov/story/2022-03/north-carolinas-federally-threatened-
endangered-and-risk-plant-species
Based on the information provided, suitable forage and/or roosting habitat for the proposed endangered tricolored bat
(Perimyotis subflavus), may occur within the proposed action area. To avoid impacts to this species, we highly
encourage project proponents to accomplish any necessary tree clearing outside of the "active season" for this
animal. The active season for tricolored bat occurs during the warmer time of year from April 1 - October 15. Although
this species is not currently afforded legal protection under the Endangered Species Act, this impact minimization
measure would support our concurrence with a "may affect, not likely to adversely affect" determination from the
appropriate action agency should this species become listed in the future. If the proposed action would not require
clearing of suitable forest habitat for this animal, we would not object to a "no effect" determination from the
appropriate action agency.
The information provided indicates that suitable habitat is not present within the proposed action area for any other
federally listed species. Therefore, we require no further information and consider consultation to be complete at this
time. Please be aware that obligations under section 7 of the Act must be reconsidered if: (1) new information reveals
impacts of the identified action may affect listed species or critical habitat in a manner not previously considered, (2) the
identified action is subsequently modified in a manner that was not considered in this review, or (3) a new species is
listed or critical habitat is determined that may be affected by the identified action.
Please let me know if you have any questions.
Regards,
Byron
Byron Hamstead
(he/him/his)
Fish and Wildlife Biologist
U.S. Fish and Wildlife Service
Qu—
North Carolina Department of Natural and Cultural Resources
State Historic Preservation Office
Ramona M. Bartos, Administrator
Governor Roy Cooper
Secretary D. Reid Wilson
April 3, 2024
Office of Archives and History
Deputy Secretary, Darin J. Waters, Ph.D.
Doug Fox doug fox(cr�,kimley-horn.com
Kimley-Horn
580 Kingsley Park Drive, Suite 125
Fort Mill, SC, 29715
Re: Develop Garrison Road site, Garrison Road, Charlotte, Mecklenburg County, ER 24-0721
Dear Mr. Fox:
Thank you for your letter of March 20, 2024, regarding the above -referenced undertaking. We have
reviewed the submission and offer the following comments.
We have conducted a review of the project and are aware of no historic resources which would be affected
by the project. Therefore, we have no comment on the project as proposed.
The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the
Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36
CFR Part 800.
Thank you for your cooperation and consideration. If you have questions concerning the above comment,
contact Renee Gledhill -Earley, environmental review coordinator, at 919-814-6579
or environmental.reviewgdncr.nc.gov. In all future communication concerning this project, please cite the
above referenced tracking number.
�Sincerely,
Ramona Bartos, Deputy
{j State Historic Preservation Officer
Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: (919) 814-6570/814-6898
COMPENSATORY
MITIGATION
4
WATER & LAND -
SOLUTIONS
WLS Catawba 01-Starker Umbrella Mitigation Bank
Statement of Availability May 6, 2024
U.S. Army Corps of Engineers
Kimberly Browning
Raleigh Regulatory Field Office
3331 Heritage Trade Center, Suite 105
Wake Forest, NC 27587
Re Project: Garrison Road Site
This document confirms that TM BTR of Carolinas, LLC (Applicant) for the Garrison Road Site
(Project) has expressed an interest to utilize 965.69 Stream Mitigation Credits from the Water & Land
Solutions, LLC sponsored WLS Catawba 01 Umbrella Mitigation Bank, specifically 965.69 stream
credits from the Starker Site, in the Catawba 01 HUC 03050101. As the official Bank Sponsor, Water &
Land Solutions, LLC, attests to the fact that mitigation is available for reservation at this time.
These mitigation credits are not considered secured, and consequently are eligible to be used for alternate
purposes by the Bank Sponsor, until payment in full is received from the Applicant resulting in the
issuance of a Mitigation Credit Transfer Certificate by the bank acknowledging that the Applicant has
fully secured credits from the bank and the Banker has accepted full responsibility for the mitigation
obligation requiring the credits/units.
The Banker will issue the Mitigation Credit Transfer Certificate within three (3) days of receipt of the
purchase price. Banker shall provide to Applicant a copy of the Mitigation Credit Transfer Certificate and
a documented copy of the debit of credits from the Bank Official Credit Ledger(s), indicating the permit
number and the resource type secured by the applicant. A copy of the Mitigation Credit Transfer
Certificate, with an updated Official Credit Ledger will also be sent to regulatory agencies showing the
proper documentation. This Reservation Sales Agreement shall terminate on August 6, 2024, unless
extended by written agreement between the Seller and Buyer, and all reserved credits will no longer be
held for the project.
If any questions need to be answered, please contact me at 239-322-7276.
Best Regards,
Riane Welbourne
Water & Land Solutions, LLC
7721 Six Forks Road, Suite 130
Raleigh, NC 27615
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
MARC RECKTENWALD
Director
David Hunter
Taylor Morrison BTR of Carolinas, LLC
11405 N. Community House Rd. Suite 150
Charlotte, NC 28277
Project: Garrison Road Site
NORTH CAROLINA
Environmental Quality
May 7, 2024
Expiration of Acceptance: 11/7/2024
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 applicable 404 Permit/401 Certification/Buffer Approval within this time frame,
this acceptance will expire. It is the applicant's responsibility to send copies of the permits to DMS. Once
DMS receives a copy of the permit(s) an invoice will be issued based on the required mitigation in that permit
and payment must be made prior to conducting the authorized work. The amount of the in -lieu fee to be paid
by an applicant is calculated based upon the Fee Schedule and policies listed on the DMS website.
Based on the information supplied by you in your request to use the DMS, the impacts for which you are
requesting compensatory mitigation credit are summarized in the following table. The amount of mitigation
required and assigned to DMS for this impact is determined by permitting agencies and may exceed the
impact amounts shown below.
River Basin
Impact Location
8-di it HUC
Impact Type
Impact Quantity
Catawba
03050101
Warm Stream
49
Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The
mitigation will be performed in accordance with the In -Lieu Fee Program instrument dated July 28, 2010.
Thank you for your interest in the DMS in -lieu fee mitigation program. If you have any questions or need
additional information, please contact Kelly.Williams@deq.nc.gov.
Sincerely,
Kelly B. Williams
In -Lieu Fee Program Coordinator
cc: Taylor Kiker, agent
�,- North Caraltna Department of Environmental Quality I Division of Mitigation Services
217 West Jones Street l 1652 Mail Service Center I Raleigh. North Carolina 27699-1652
oeoaiunen�memsmmne�i � r 919,707.8976
L-3 -1 E 111 r l 111 ro l vla l7 M l lwl
INSTRUCTIONS: Attach a sketch of the assessment area and photographs. Attach a copy of the USGS 7.5-minute topographic
quadrangle, and circle the location of the stream reach under evaluation. If multiple stream reaches will be evaluated on the same
property, identify and number all reaches on the attached map, and include a separate form for each reach. See the NC SAM User
Manual for detailed descriptions and explanations of requested information. Record in the "Notes/Sketch" section if any supplementary
measurements were performed. See the NC SAM User Manual for examples of additional measurements that may be relevant.
NOTE EVIDENCE OF STRESSORS AFFECTING THE ASSESSMENT AREA (do not need to be within the assessment area).
PROJECT / SITE INFORMATION:
1. Project name (if any): Garrison Road Site 2. Date of evaluation: 11/2/2022
3. Applicant/owner name: TM BTR of the Carolinas, LLC 4. Assessor name/organization: Chris Tinklenberg, PWS (Kimley-Horn)
5. County: Mecklenburg 6. Nearest named water body
7. River Basin: Catawba on USGS 7.5-minute quad: Beaverdam Creek
8. Site coordinates (decimal degrees, at lower end of assessment reach): 35.1875031 °,-80.9790299°
STREAM INFORMATION: (depth and width can be approximations)
9. Site number (show on attached map): S2 10. Length of assessment reach evaluated (feet): 100
11. Channel depth from bed (in riffle, if present) to top of bank (feet): 0.5 r Unable to assess channel depth.
12. Channel width at top of bank (feet): 4 13. Is assessment reach a swamp stream? r Yes r No
14. Feature type: r Perennial flow {: Intermittent flow Tidal Marsh Stream
STREAM RATING INFORMATION:
15. NC SAM Zone: r Mountains (M) {: Piedmont (P) r Inner Coastal Plain (1) r Outer Coastal Plain (0)
16. Estimated geomorphic
valley shape (skip for r a {.' b
Tidal Marsh Stream): (more sinuous stream, flatter valley slope) (less sinuous stream, steeper valley slope)
17. Watershed size: (skip f+' Size 1 (< 0.1 mi2) r Size 2 (0.1 to < 0.5 mil) ' y Size 3 (0.5 to < 5 mil) r Size 4 (>_ 5 mil)
for Tidal Marsh Stream)
ADDITIONAL INFORMATION:
18. Were regulatory considerations evaluated? {: Yes r No If Yes, check all that appy to the assessment area.
r Section 10 water r Classified Trout Waters r Water Supply Watershed ( r I r II r III f Iv f v)
r Essential Fish Habitat r Primary Nursery Area r High Quality Waters/Outstanding Resource Waters
r Publicly owned property r NCDWR riparian buffer rule in effect r Nutrient Sensitive Waters
r Anadromous fish r 303(d) List r CAMA Area of Environmental Concern (AEC)
r Documented presence of a federal and/or state listed protected species within the assessment area.
List species:
Designated Critical Habitat (list species):
19. Are additional stream information/supplementary measurements included in "Notes/Sketch" section or attached? r Yes {: No
1. Channel Water - assessment reach metric (skip for Size 1 streams and Tidal Marsh Streams)
C A Water throughout assessment reach.
{ B No flow, water in pools only.
{.' C No water in assessment reach.
2. Evidence of Flow Restriction - assessment reach metric
r A At least 10% of assessment reach in -stream habitat or riffle -pool sequence is adversely affected by a flow restriction or fill to the
point of obstructing flow or a channel choked with aquatic macrophytes or ponded water or impounded on flood or ebb within
the assessment reach (examples: undersized or perched culverts, causeways that constrict the channel, tidal gates).
{: B Not A
3. Feature Pattern - assessment reach metric
r A A majority of the assessment reach has altered pattern (examples: straightening, modification above or below culvert).
r- B Not A.
4. Feature Longitudinal Profile - assessment reach metric
r A Majority of assessment reach has a substantially altered stream profile (examples: channel down -cutting, existing damming,
over widening, active aggradation, dredging, and excavation where appropriate channel profile has not reformed from any of
these disturbances).
(: B Not A
5. Signs of Active Instability- assessment reach metric
Consider only current instability, not past events from which the stream has currently recovered. Examples of instability include
active bank failure, active channel down -cutting (head -cut), active widening, and artificial hardening (such as concrete, gabion, rip -rap).
r A < 10% of channel unstable
(: B 10 to 25% of channel unstable
r C > 25% of channel unstable
6. Streams ide Area Interaction -streams ide area metric
Consider for the Left Bank (LB) and the Right Bank (RB).
LB RB
{: A {: A Little or no evidence of conditions that adversely affect reference interaction
r B r B Moderate evidence of conditions (examples: berms, levees, down -cutting, aggradation, dredging) that adversely affect
reference interaction (examples: limited streamside area access, disruption of flood flows through streamside area,
leaky or intermittent bulkheads, causeways with floodplain constriction, minor ditching [including mosquito ditching])
r C r C Extensive evidence of conditions that adversely affect reference interaction (little to no floodplain/intertidal zone access
[examples: causeways with floodplain and channel constriction, bulkheads, retaining walls, fill, stream incision,
disruption of flood flows through streamside area] or too much floodplain/intertidal zone access [examples:
impoundments, intensive mosquito ditching]) or floodplain/intertidal zone unnaturally absent or assessment reach is a
man-made feature on an interstream divide
Water Quality Stressors - assessment reach/intertidal zone metric
Check all that apply.
F- A Discolored water in stream or intertidal zone (milky white, blue, unnatural water discoloration, oil sheen, stream foam)
r B Excessive sedimentation (burying of stream features or intertidal zone)
r C Noticeable evidence of pollutant discharges entering the assessment reach and causing a water quality problem
r D Odor (not including natural sulfide odors)
r E Current published or collected data indicating degraded water quality in the assessment reach. Cite source in the "Notes/Sketch"
section.
r F Livestock with access to stream or intertidal zone
r G Excessive algae in stream or intertidal zone
r H Degraded marsh vegetation in the intertidal zone (removal, burning, regular mowing, destruction, etc.)
r I Other (explain in "Notes/Sketch" section)
r J Little to no stressors
8. Recent Weather —watershed metric
For Size 1 or 2 streams, D1 drought or higher is considered a drought, for Size 3 or 4 streams, D2 drought or higher is considered a
drought.
r- A Drought conditions and no rainfall or rainfall not exceeding 1 inch within the last 48 hours
r B Drought conditions and rainfall exceeding 1 inch within the last 48 hours
r C No drought conditions
9 Large or Dangerous Stream — assessment reach metric
(" Yes {: No Is stream is too large or dangerous to assess? If Yes, skip to Metric 13 (Streamside Area Ground Surface Condition).
10. Natural In -stream Habitat Types —assessment reach metric
10a. {: Yes r No Degraded in -stream habitat over majority of the assessment reach (examples of stressors include excessive
sedimentation, mining, excavation, in -stream hardening [for example, rip -rap], recent dredging, and snagging)
(evaluate for size 4 Coastal Plain streams only, then skip to Metric 12)
10b. Check all that occur (occurs if > 5% coverage of assessment reach) (skip for Size 4 Coastal Plain streams)
[ 1 A Multiple aquatic macrophytes and aquatic mosses mo E r F 5% oysters or other natural hard bottoms
(include liverworts, lichens, and algal mats) F m r G Submerged aquatic vegetation
F— B Multiple sticks and/or leaf packs and/or emergent o 2 r H Low -tide refugia (pools)
vegetation Y L o r l Sand bottom
F— C Multiple snags and logs (including lap trees) r r J 5% vertical bank along the marsh
r D 5% undercut banks and/or root mats and/or roots O r K Little or no habitat
in banks extend to the normal wetted perimeter
r E Little or no habitat
* ************************REMAINING QUESTIONS ARE NOT APPLICABLE FOR TIDAL MARSH STREAMS**************** ---
11. Bedform and Substrate —assessment reach metric (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams)
11a. r Yes C' No Is assessment reach in a natural sand -bed stream? (skip for Coastal Plain streams)
11 b. Bedform evaluated. Check the appropriate box(es).
r A Riffle -run section (evaluate 11 c)
r B Pool -glide section (evaluate 11 d)
r C Natural bedform absent (skip to Metric 12, Aquatic Life)
11c. In riffles sections, check all that occur below the normal wetted perimeter of the assessment reach —whether or not submerged.
Check at least one box in each row (skip for Size 4 Coastal Plain Streams and Tidal Marsh Streams). Not Present (NP) _
absent, Rare (R) = present but < 10%, Common (C) _ > 10-40%, Abundant (A) _ > 40-70%, Predominant (P) _ > 70%. Cumulative
percentages should not exceed 100% for each assessment reach.
NP R C A P
r r r r r Bed rock/sapro lite
r r r r r Boulder (256 — 4096 mm)
r r r r r Cobble (64 — 256 mm)
r r r r r Gravel (2 — 64 mm)
r r r C r Sand (.062 — 2 mm)
f r r C r Silt/clay (< 0.062 mm)
r r r C r Detritus
r r r {' r Artificial (rip -rap, concrete, etc.)
11 d. r Yes r No Are pools filled with sediment? (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams)
12. Aquatic Life — assessment reach metric (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams)
12a.0 Yes r- No Was an in -stream aquatic life assessment performed as described in the User Manual?
If No, select one of the following reasons and skip to Metric 13. {: No Water r Other:
12b.0 Yes 0- No Are aquatic organisms present in the assessment reach (look in riffles, pools, then snags)? If Yes, check
all that apply. If No, skip to Metric 13.
1 >1 Numbers over columns refer to "individuals" for size 1 and 2 streams and "taxa" for size 3 and 4 streams.
F r Adult frogs
F r Aquatic reptiles
F r Aquatic macrophytes and aquatic mosses (include liverworts, lichens, and algal mats)
r r Beetles (including water pennies)
r r Caddisfly larvae (Trichoptera [T])
r r Asian clam (Corbicula)
F r Crustacean (isopod/amphipod/crayfish/shrimp)
F r Damselfly and dragonfly larvae
F r Dipterans (true flies)
F r Mayfly larvae (Ephemeroptera [E])
r r Megaloptera (alderfly, fishily, dobsonfly larvae)
r r Midges/mosquito larvae
r r Mosquito fish (Gambusia) or mud minnows (Umbra pygmaea)
F r Mussels/Clams (not Corbicula)
F r Other fish
F r Salamanders/tadpoles
F r Snails
F r Stonefly larvae (Plecoptera [P])
F r Tipulid larvae
r r Worms/leeches
13. Streamside Area Ground Surface Condition — streamside area metric (skip for Tidal Marsh Streams and B valley types)
Consider for the Left Bank (LB) and the Right Bank (RB). Consider storage capacity with regard to both overbank flow and
upland runoff.
LB
RB
(: A
(: A
Little or no alteration to water storage capacity over a majority of the streamside area
r B
r B
Moderate alteration to water storage capacity over a majority of the streamside area
r C
r C
Severe alteration to water storage capacity over a majority of the streamside area (examples include: ditches, fill,
soil, compaction, livestock disturbance, buildings, man-made levees, drainage pipes)
14. Streamside Area Water Storage — streamside area metric (skip for Size 1 streams, Tidal Marsh Streams, and B valley types)
Consider for the Left Bank (LB) and the Right Bank (RB) of the streamside area.
LB RB
r A r A Majority of streamside area with depressions able to pond water>_ 6 inches deep
r B r B Majority of streamside area with depressions able to pond water 3 to 6 inches deep
(: C (: C Majority of streamside area with depressions able to pond water < 3 inches deep
15. Wetland Presence — streamside area metric (skip for Tidal Marsh Streams)
Consider for the Left Bank (LB) and the Right Bank (RB). Do not consider wetlands outside of the streamside area or within the
normal wetted perimeter of assessment reach.
LB RB
r Y r Y Are wetlands present in the streamside area?
r-N (:N
16. Baseflow Contributors — assessment reach metric (skip for size 4 streams and Tidal Marsh Streams)
Check all contributors within the assessment reach or within view of and draining to the assessment reach.
F- A Streams and/or springs (jurisdictional discharges)
F B Ponds (include wet detention basins, do not include sediment basins or dry detention basins)
F- C Obstruction that passes some flow during low -flow periods within assessment area (beaver dam, bottom -release dam)
F D Evidence of bank seepage or sweating (iron oxidizing bacteria in water indicates seepage)
F, E Stream bed or bank soil reduced (dig through deposited sediment if present)
F- F None of the above
17. Baseflow Detractors — assessment area metric (skip for Tidal Marsh Streams)
Check all that apply.
r A Evidence of substantial water withdrawals from the assessment reach (includes areas excavated for pump installation)
r B Obstruction not passing flow during low flow periods affecting the assessment reach (ex: watertight dam, sediment deposit)
r C Urban stream (>_ 24% impervious surface for watershed)
r D Evidence that the stream -side area has been modified resulting in accelerated drainage into the assessment reach
r E Assessment reach relocated to valley edge
r F None of the above
18. Shading — assessment reach metric (skip for Tidal Marsh Streams)
Consider aspect. Consider "leaf -on" condition.
(: A Stream shading is appropriate for stream category (may include gaps associated with natural processes)
(' B Degraded (example: scattered trees)
r C Stream shading is gone or largely absent
19. Buffer Width — streamside area metric (skip for Tidal Marsh Streams)
Consider "vegetated buffer" and "wooded buffer" separately for left bank (LB) and right bank (RB) starting at the top
of bank out to the first break.
Vegetated
Wooded
LB
RB
LB
RB
r- A
r- A
r- A
r- A
> 100-feet wide or extends to the edge of the watershed
r B
r B
r B
r B
From 50 to < 100-feet wide
r C
r C
r C
r C
From 30 to < 50-feet wide
r D
r D
r D
r D
From 10 to < 30-feet wide
(' E
r E
r E
r E
< 10-feet wide or no trees
20. Buffer Structure — streamside area metric (skip for Tidal Marsh Streams)
Consider for left bank (LB) and right bank (RB) for Metric 19 ("Vegetated" Buffer Width).
LB
RB
(: A
(: A
Mature forest
(' B
r B
Non -mature woody vegetation or modified vegetation structure
r C
r C
Herbaceous vegetation with or without a strip of trees < 10 feet wide
r D
r D
Maintained shrubs
r E
r E
Little or no vegetation
21. Buffer Stressors — streamside area metric (skip for Tidal Marsh Streams)
Check all appropriate boxes for left bank (LB) and right bank (RB). Indicate if listed stressor abuts stream (Abuts), does not abut but
is within 30 feet of stream (< 30 feet), or is between 30 to 50 feet of stream (30-50 feet).
If none of the following stressors occurs on either bank, check here and skip to Metric 22: r
Abuts < 30 feet 30-50 feet
LB RB LB RB LB RB
rA rA rA r-A rA rA
{'B {'B {'B rB rB rB
rD rD r'D rD rD rD
Row crops
Maintained turf
Pasture (no livestock)/commercial horticulture
Pasture (active livestock use)
22. Stem Density— streamside area metric (skip for Tidal Marsh Streams)
Consider for left bank (LB) and right bank (RB) for Metric 19 ("Wooded" Buffer Width).
LB RB
r- A (: A Medium to high stem density
r B r B Low stem density
r C r C No wooded riparian buffer or predominantly herbaceous species or bare ground
23. Continuity of Vegetated Buffer — streamside area metric (skip for Tidal Marsh Streams)
Consider whether vegetated buffer is continuous along stream (parallel). Breaks are areas lacking vegetation > 10-feet wide.
LB RB
(: A (: A The total length of buffer breaks is < 25 percent.
r B r B The total length of buffer breaks is between 25 and 50 percent.
(' C r C The total length of buffer breaks is > 50 percent.
24. Vegetative Composition — First 100 feet of streamside area metric (skip for Tidal Marsh Streams)
Evaluate the dominant vegetation within 100 feet of each bank or to the edge of the watershed (whichever comes first) as it contributes
to assessment reach habitat.
LB RB
r A r A Vegetation is close to undisturbed in species present and their proportions. Lower strata composed of native
species, with non-native invasive species absent or sparse.
(.` B (.` B Vegetation indicates disturbance in terms of species diversity or proportions, but is still largely composed of native
species. This may include communities of weedy native species that develop after clear -cutting or clearing or
communities with non-native invasive species present, but not dominant, over a large portion of the expected strata or
communities missing understory but retaining canopy trees.
r C r C Vegetation is severely disturbed in terms of species diversity or proportions. Mature canopy is absent or communities
with non-native invasive species dominant over a large portion of expected strata or communities composed of planted
stands of non -characteristic species or communities inappropriately composed of a single species or no vegetation.
25. Conductivity— assessment reach metric (skip for all Coastal Plain streams)
25a. C Yes C' No Was a conductivity measurement recorded?
If No, select one of the following reasons. r No Water r Cther:
25b. Check the box corresponding to the conductivity measurement (units of microsiemens per centimeter).
�j A <46 r B 46 to < 67 r C 67 to < 79 r D 79 to < 230 r E >> 230
L-3 -1 E 111 r l 111 ro l vla l7 M l lwl
INSTRUCTIONS: Attach a sketch of the assessment area and photographs. Attach a copy of the USGS 7.5-minute topographic
quadrangle, and circle the location of the stream reach under evaluation. If multiple stream reaches will be evaluated on the same
property, identify and number all reaches on the attached map, and include a separate form for each reach. See the NC SAM User
Manual for detailed descriptions and explanations of requested information. Record in the "Notes/Sketch" section if any supplementary
measurements were performed. See the NC SAM User Manual for examples of additional measurements that may be relevant.
NOTE EVIDENCE OF STRESSORS AFFECTING THE ASSESSMENT AREA (do not need to be within the assessment area).
PROJECT / SITE INFORMATION:
1. Project name (if any): Garrison Road Site 2. Date of evaluation: 11/2/2022
3. Applicant/owner name: TM BTR of the Carolinas, LLC 4. Assessor name/organization: Chris Tinklenberg, PWS (Kimley-Horn)
5. County: Mecklenburg 6. Nearest named water body
7. River Basin: Catawba on USGS 7.5-minute quad: Beaverdam Creek
8. Site coordinates (decimal degrees, at lower end of assessment reach): 35.1865243°,-80.9803163°
STREAM INFORMATION: (depth and width can be approximations)
9. Site number (show on attached map): S3 10. Length of assessment reach evaluated (feet): 100
11. Channel depth from bed (in riffle, if present) to top of bank (feet): 0.5 r Unable to assess channel depth.
12. Channel width at top of bank (feet): 3 13. Is assessment reach a swamp stream? r Yes r No
14. Feature type: r Perennial flow {: Intermittent flow Tidal Marsh Stream
STREAM RATING INFORMATION:
15. NC SAM Zone: r Mountains (M) {: Piedmont (P) r Inner Coastal Plain (1) r Outer Coastal Plain (0)
16. Estimated geomorphic
valley shape (skip for r a {.' b
Tidal Marsh Stream): (more sinuous stream, flatter valley slope) (less sinuous stream, steeper valley slope)
17. Watershed size: (skip f+' Size 1 (< 0.1 mi2) r Size 2 (0.1 to < 0.5 mil) ' y Size 3 (0.5 to < 5 mil) r Size 4 (>_ 5 mil)
for Tidal Marsh Stream)
ADDITIONAL INFORMATION:
18. Were regulatory considerations evaluated? {: Yes r No If Yes, check all that appy to the assessment area.
r Section 10 water r Classified Trout Waters r Water Supply Watershed ( r I r II r III f Iv f v)
r Essential Fish Habitat r Primary Nursery Area r High Quality Waters/Outstanding Resource Waters
r Publicly owned property r NCDWR riparian buffer rule in effect r Nutrient Sensitive Waters
r Anadromous fish r 303(d) List r CAMA Area of Environmental Concern (AEC)
r Documented presence of a federal and/or state listed protected species within the assessment area.
List species:
Designated Critical Habitat (list species):
19. Are additional stream information/supplementary measurements included in "Notes/Sketch" section or attached? r Yes {: No
1. Channel Water - assessment reach metric (skip for Size 1 streams and Tidal Marsh Streams)
C A Water throughout assessment reach.
{ B No flow, water in pools only.
{.' C No water in assessment reach.
2. Evidence of Flow Restriction - assessment reach metric
r A At least 10% of assessment reach in -stream habitat or riffle -pool sequence is adversely affected by a flow restriction or fill to the
point of obstructing flow or a channel choked with aquatic macrophytes or ponded water or impounded on flood or ebb within
the assessment reach (examples: undersized or perched culverts, causeways that constrict the channel, tidal gates).
{: B Not A
3. Feature Pattern - assessment reach metric
r A A majority of the assessment reach has altered pattern (examples: straightening, modification above or below culvert).
r- B Not A.
4. Feature Longitudinal Profile - assessment reach metric
r A Majority of assessment reach has a substantially altered stream profile (examples: channel down -cutting, existing damming,
over widening, active aggradation, dredging, and excavation where appropriate channel profile has not reformed from any of
these disturbances).
(: B Not A
5. Signs of Active Instability- assessment reach metric
Consider only current instability, not past events from which the stream has currently recovered. Examples of instability include
active bank failure, active channel down -cutting (head -cut), active widening, and artificial hardening (such as concrete, gabion, rip -rap).
r A < 10% of channel unstable
(: B 10 to 25% of channel unstable
r C > 25% of channel unstable
6. Streams ide Area Interaction -streams ide area metric
Consider for the Left Bank (LB) and the Right Bank (RB).
LB RB
{: A {: A Little or no evidence of conditions that adversely affect reference interaction
r B r B Moderate evidence of conditions (examples: berms, levees, down -cutting, aggradation, dredging) that adversely affect
reference interaction (examples: limited streamside area access, disruption of flood flows through streamside area,
leaky or intermittent bulkheads, causeways with floodplain constriction, minor ditching [including mosquito ditching])
r C r C Extensive evidence of conditions that adversely affect reference interaction (little to no floodplain/intertidal zone access
[examples: causeways with floodplain and channel constriction, bulkheads, retaining walls, fill, stream incision,
disruption of flood flows through streamside area] or too much floodplain/intertidal zone access [examples:
impoundments, intensive mosquito ditching]) or floodplain/intertidal zone unnaturally absent or assessment reach is a
man-made feature on an interstream divide
Water Quality Stressors - assessment reach/intertidal zone metric
Check all that apply.
F- A Discolored water in stream or intertidal zone (milky white, blue, unnatural water discoloration, oil sheen, stream foam)
r B Excessive sedimentation (burying of stream features or intertidal zone)
r C Noticeable evidence of pollutant discharges entering the assessment reach and causing a water quality problem
r D Odor (not including natural sulfide odors)
r E Current published or collected data indicating degraded water quality in the assessment reach. Cite source in the "Notes/Sketch"
section.
r F Livestock with access to stream or intertidal zone
r G Excessive algae in stream or intertidal zone
r H Degraded marsh vegetation in the intertidal zone (removal, burning, regular mowing, destruction, etc.)
r I Other (explain in "Notes/Sketch" section)
r J Little to no stressors
8. Recent Weather —watershed metric
For Size 1 or 2 streams, D1 drought or higher is considered a drought, for Size 3 or 4 streams, D2 drought or higher is considered a
drought.
r- A Drought conditions and no rainfall or rainfall not exceeding 1 inch within the last 48 hours
r B Drought conditions and rainfall exceeding 1 inch within the last 48 hours
r C No drought conditions
9 Large or Dangerous Stream — assessment reach metric
(" Yes {: No Is stream is too large or dangerous to assess? If Yes, skip to Metric 13 (Streamside Area Ground Surface Condition).
10. Natural In -stream Habitat Types —assessment reach metric
10a. {: Yes r No Degraded in -stream habitat over majority of the assessment reach (examples of stressors include excessive
sedimentation, mining, excavation, in -stream hardening [for example, rip -rap], recent dredging, and snagging)
(evaluate for size 4 Coastal Plain streams only, then skip to Metric 12)
10b. Check all that occur (occurs if > 5% coverage of assessment reach) (skip for Size 4 Coastal Plain streams)
[ 1 A Multiple aquatic macrophytes and aquatic mosses mo E r F 5% oysters or other natural hard bottoms
(include liverworts, lichens, and algal mats) F m r G Submerged aquatic vegetation
F— B Multiple sticks and/or leaf packs and/or emergent o 2 r H Low -tide refugia (pools)
vegetation Y L o r l Sand bottom
F— C Multiple snags and logs (including lap trees) r r J 5% vertical bank along the marsh
r D 5% undercut banks and/or root mats and/or roots O r K Little or no habitat
in banks extend to the normal wetted perimeter
r E Little or no habitat
* ************************REMAINING QUESTIONS ARE NOT APPLICABLE FOR TIDAL MARSH STREAMS**************** ---
11. Bedform and Substrate —assessment reach metric (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams)
11a. r Yes C' No Is assessment reach in a natural sand -bed stream? (skip for Coastal Plain streams)
11 b. Bedform evaluated. Check the appropriate box(es).
r A Riffle -run section (evaluate 11 c)
r B Pool -glide section (evaluate 11 d)
r C Natural bedform absent (skip to Metric 12, Aquatic Life)
11c. In riffles sections, check all that occur below the normal wetted perimeter of the assessment reach —whether or not submerged.
Check at least one box in each row (skip for Size 4 Coastal Plain Streams and Tidal Marsh Streams). Not Present (NP) _
absent, Rare (R) = present but < 10%, Common (C) _ > 10-40%, Abundant (A) _ > 40-70%, Predominant (P) _ > 70%. Cumulative
percentages should not exceed 100% for each assessment reach.
NP R C A P
r r r r r Bed rock/sapro lite
r r r r r Boulder (256 — 4096 mm)
r r r r r Cobble (64 — 256 mm)
r r r r r Gravel (2 — 64 mm)
r r r C r Sand (.062 — 2 mm)
f r r C r Silt/clay (< 0.062 mm)
r r r C r Detritus
r r r {' r Artificial (rip -rap, concrete, etc.)
11 d. r Yes r No Are pools filled with sediment? (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams)
12. Aquatic Life — assessment reach metric (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams)
12a.0 Yes r- No Was an in -stream aquatic life assessment performed as described in the User Manual?
If No, select one of the following reasons and skip to Metric 13. {: No Water r Other:
12b.0 Yes 0- No Are aquatic organisms present in the assessment reach (look in riffles, pools, then snags)? If Yes, check
all that apply. If No, skip to Metric 13.
1 >1 Numbers over columns refer to "individuals" for size 1 and 2 streams and "taxa" for size 3 and 4 streams.
F r Adult frogs
F r Aquatic reptiles
F r Aquatic macrophytes and aquatic mosses (include liverworts, lichens, and algal mats)
r r Beetles (including water pennies)
r r Caddisfly larvae (Trichoptera [T])
r r Asian clam (Corbicula)
F r Crustacean (isopod/amphipod/crayfish/shrimp)
F r Damselfly and dragonfly larvae
F r Dipterans (true flies)
F r Mayfly larvae (Ephemeroptera [E])
r r Megaloptera (alderfly, fishily, dobsonfly larvae)
r r Midges/mosquito larvae
r r Mosquito fish (Gambusia) or mud minnows (Umbra pygmaea)
F r Mussels/Clams (not Corbicula)
F r Other fish
F r Salamanders/tadpoles
F r Snails
F r Stonefly larvae (Plecoptera [P])
F r Tipulid larvae
r r Worms/leeches
13. Streamside Area Ground Surface Condition — streamside area metric (skip for Tidal Marsh Streams and B valley types)
Consider for the Left Bank (LB) and the Right Bank (RB). Consider storage capacity with regard to both overbank flow and
upland runoff.
LB
RB
(: A
(: A
Little or no alteration to water storage capacity over a majority of the streamside area
r B
r B
Moderate alteration to water storage capacity over a majority of the streamside area
r C
r C
Severe alteration to water storage capacity over a majority of the streamside area (examples include: ditches, fill,
soil, compaction, livestock disturbance, buildings, man-made levees, drainage pipes)
14. Streamside Area Water Storage — streamside area metric (skip for Size 1 streams, Tidal Marsh Streams, and B valley types)
Consider for the Left Bank (LB) and the Right Bank (RB) of the streamside area.
LB RB
r A r A Majority of streamside area with depressions able to pond water>_ 6 inches deep
r B r B Majority of streamside area with depressions able to pond water 3 to 6 inches deep
(: C (: C Majority of streamside area with depressions able to pond water < 3 inches deep
15. Wetland Presence — streamside area metric (skip for Tidal Marsh Streams)
Consider for the Left Bank (LB) and the Right Bank (RB). Do not consider wetlands outside of the streamside area or within the
normal wetted perimeter of assessment reach.
LB RB
r Y r Y Are wetlands present in the streamside area?
r-N (:N
16. Baseflow Contributors — assessment reach metric (skip for size 4 streams and Tidal Marsh Streams)
Check all contributors within the assessment reach or within view of and draining to the assessment reach.
F- A Streams and/or springs (jurisdictional discharges)
F B Ponds (include wet detention basins, do not include sediment basins or dry detention basins)
F- C Obstruction that passes some flow during low -flow periods within assessment area (beaver dam, bottom -release dam)
F D Evidence of bank seepage or sweating (iron oxidizing bacteria in water indicates seepage)
F, E Stream bed or bank soil reduced (dig through deposited sediment if present)
F- F None of the above
17. Baseflow Detractors — assessment area metric (skip for Tidal Marsh Streams)
Check all that apply.
r A Evidence of substantial water withdrawals from the assessment reach (includes areas excavated for pump installation)
r B Obstruction not passing flow during low flow periods affecting the assessment reach (ex: watertight dam, sediment deposit)
r C Urban stream (>_ 24% impervious surface for watershed)
r D Evidence that the stream -side area has been modified resulting in accelerated drainage into the assessment reach
r E Assessment reach relocated to valley edge
r F None of the above
18. Shading — assessment reach metric (skip for Tidal Marsh Streams)
Consider aspect. Consider "leaf -on" condition.
(: A Stream shading is appropriate for stream category (may include gaps associated with natural processes)
(' B Degraded (example: scattered trees)
r C Stream shading is gone or largely absent
19. Buffer Width — streamside area metric (skip for Tidal Marsh Streams)
Consider "vegetated buffer" and "wooded buffer" separately for left bank (LB) and right bank (RB) starting at the top
of bank out to the first break.
Vegetated
Wooded
LB
RB
LB
RB
r- A
r- A
r- A
r- A
> 100-feet wide or extends to the edge of the watershed
r B
r B
r B
r B
From 50 to < 100-feet wide
r C
r C
r C
r C
From 30 to < 50-feet wide
r D
r D
r D
r D
From 10 to < 30-feet wide
(' E
r E
r E
r E
< 10-feet wide or no trees
20. Buffer Structure — streamside area metric (skip for Tidal Marsh Streams)
Consider for left bank (LB) and right bank (RB) for Metric 19 ("Vegetated" Buffer Width).
LB
RB
(: A
(: A
Mature forest
(' B
r B
Non -mature woody vegetation or modified vegetation structure
r C
r C
Herbaceous vegetation with or without a strip of trees < 10 feet wide
r D
r D
Maintained shrubs
r E
r E
Little or no vegetation
21. Buffer Stressors — streamside area metric (skip for Tidal Marsh Streams)
Check all appropriate boxes for left bank (LB) and right bank (RB). Indicate if listed stressor abuts stream (Abuts), does not abut but
is within 30 feet of stream (< 30 feet), or is between 30 to 50 feet of stream (30-50 feet).
If none of the following stressors occurs on either bank, check here and skip to Metric 22: r
Abuts < 30 feet 30-50 feet
LB RB LB RB LB RB
rA rA rA r-A rA rA
{'B {'B {'B rB rB rB
rD rD r'D rD rD rD
Row crops
Maintained turf
Pasture (no livestock)/commercial horticulture
Pasture (active livestock use)
22. Stem Density— streamside area metric (skip for Tidal Marsh Streams)
Consider for left bank (LB) and right bank (RB) for Metric 19 ("Wooded" Buffer Width).
LB RB
r- A (: A Medium to high stem density
r B r B Low stem density
r C r C No wooded riparian buffer or predominantly herbaceous species or bare ground
23. Continuity of Vegetated Buffer — streamside area metric (skip for Tidal Marsh Streams)
Consider whether vegetated buffer is continuous along stream (parallel). Breaks are areas lacking vegetation > 10-feet wide.
LB RB
(: A (: A The total length of buffer breaks is < 25 percent.
r B r B The total length of buffer breaks is between 25 and 50 percent.
(' C r C The total length of buffer breaks is > 50 percent.
24. Vegetative Composition — First 100 feet of streamside area metric (skip for Tidal Marsh Streams)
Evaluate the dominant vegetation within 100 feet of each bank or to the edge of the watershed (whichever comes first) as it contributes
to assessment reach habitat.
LB RB
r A r A Vegetation is close to undisturbed in species present and their proportions. Lower strata composed of native
species, with non-native invasive species absent or sparse.
(.` B (.` B Vegetation indicates disturbance in terms of species diversity or proportions, but is still largely composed of native
species. This may include communities of weedy native species that develop after clear -cutting or clearing or
communities with non-native invasive species present, but not dominant, over a large portion of the expected strata or
communities missing understory but retaining canopy trees.
r C r C Vegetation is severely disturbed in terms of species diversity or proportions. Mature canopy is absent or communities
with non-native invasive species dominant over a large portion of expected strata or communities composed of planted
stands of non -characteristic species or communities inappropriately composed of a single species or no vegetation.
25. Conductivity— assessment reach metric (skip for all Coastal Plain streams)
25a. C Yes C' No Was a conductivity measurement recorded?
If No, select one of the following reasons. r No Water r Cther:
25b. Check the box corresponding to the conductivity measurement (units of microsiemens per centimeter).
�j A <46 r B 46 to < 67 r C 67 to < 79 r D 79 to < 230 r E >> 230