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HomeMy WebLinkAbout20170733 Ver 1_401 Application_20170617Preliminary ORM Data Entry Fields for New Actions SAW — 2015 - 02481 BEGIN DATE [Received Date]: Prepare file folder F-1 Assign Action ID Number in ORM FI 1. Project Name [PCN Form A2a]: Harrisburg Village 2. Work Type: PrivateInstitutional Government Commercial 3. Project Description / Purpose [PCN Form B3d and B3e]: The purpose of this project is to build a residential development. 4. Property Owner/ Applicant [PCN Form A3 or A4]: Eastwood Homes; POC: Pat Quinn 5. Agent / Consultant [PCN Form A5 — or ORM Consultant ID Number]: Gregg Antemann, PWS 6. Related Action ID Number(s) [PCN Form 135b]: SAW -2015-02481 7. Project Location - Coordinates, Street Address, and/or Location Description [PCN Form 131b]: Southeast of the Harrisburg Drive and Roberta Road intersection in Harrisburg, North Carolina: 35.329911N, -80.642257W 8. Project Location - Tax Parcel ID [PCN Form B1a]: Multiple, please see the cover letter and PCN 9. Project Location — County [PCN Form A2b]: Cabarrus 10. Project Location — Nearest Municipality or Town [PCN Form A2c]: Harrisburg 11. Project Information — Nearest Waterbody [PCN Form 62a]: Rocky River 12. Watershed / 8 -Digit Hydrologic Unit Code [PCN Form 132c]: 03040105 Authorization: Section 10 F-1 Section 404 FE -1 Section 10 & 404 Regulatory Action Type: Standard Permit ✓ Nationwide Permit # 29 Regional General Permit # Jurisdictional Determination Request Pre -Application Request Unauthorized Activity 0 Compliance No Permit Required Revised 20150602 CAROLINA WETLAND SERVICES, INC. 550 E. Westinghouse Blvd. Charlotte, NC 28273 704-527-1177 (office) 704-527-1133 (fax) June 12, 2017 Mr. Jason Randolph U.S. Army Corps of Engineers Charlotte Satellite Office 151 Patton Avenue, Room 208 Asheville, NC 28801 Ms. Karen Higgins NCDWR, 401 & Buffer Permitting Unit 512 N. Salisbury St., 9th Floor Raleigh, NC 27604 Subject: Nationwide Permit No. 29 and Water Quality Certification No. 4092 Harrisburg Village (SAW -2015-02481) Harrisburg, North Carolina CWS Project No. 2015-3637 Dear Mr. Randolph and Ms. Higgins, The Harrisburg Village site is approximately 51 acres in extent and is located southeast of the Harrisburg Drive and Roberta Road intersection in Harrisburg, North Carolina (Figures 1 and 2, attached). The purpose of this project is to develop the property into a residential development. Eastwood Homes has contracted Carolina Wetland Services, Inc. (CWS) to provide Section 404/401 permitting services for this project. An executed Agent Authorization Form is attached (Attachment A). CWS is submitting a Pre -Construction Notification pursuant to a Nationwide Permit No. 29 (Attachment B) for proposed impacts to approximately 0. 15 acres of wetland impacts and 64 linear feet of stream impacts. No fill in the FEMA -100 year floodplain is proposed. Applicant Name: Eastwood Homes; POC: Mr. Pat Quinn Mailing Address: 2857 Westport Road, Charlotte, NC 28208 Street Address of Project: southeast of the Harrisburg Drive and Roberta Road intersection in Harrisburg, North Carolina Waterway: UTs to Rocky River Basin: Yadkin (HUC' 03040105) City: Harrisburg County: Cabarrus Tax Parcel No(s): 55079984420000, 55170961880000, 55170836530000, 55170766360000, and 01010000400 Decimal Degree Coordinate Location of Project Site: 35.3299110, -80.6422571 USGS Quadrangle Name: Harrisburg, NC (1996) "HUC" is the Hydrologic Unit Code. U.S. Geological Survey, 1974. Hydrologic Unit Map, State of North Carolina. NORTH CAROLINA - SOUTH CAROLINA WWW.CWS-INC.NET Page 1 of 7 Harrisburg Village June 12, 2017 Nationwide Permit No. 29 and Water Quality Certificate No. 4092 CWS Project No. 2015-3637 Current Land Use The project area consists of a forested area with a few open unmaintained and maintained areas (Figure 3, attached). Typical on-site vegetation includes eastern redbud (Cercis canadensis), hackberry (Celtis occidentalis), sweetgum (Liquidambar styraciflua), winged elm (Ulmus alata), green ash (Fraxinus pennsylvanica), greenbrier (Smilax rotundifolia), Chinese privet (Ligustrum sinense), Nepalese browntop (Microstegium vimineum), muscadine (Vitis rotundifolia), poison ivy (Toxicodendron radicans), and Japanese honeysuckle (Lonicera japonica). There is evidence that site has been burned in the past 10 years (burn marks in trees). Jurisdictional Determination The Harrisburg Village site was delineated by CWS scientists on October 29, 2015. The U.S. Army Corps of Engineers (USACE) issued a Preliminary Determination (SAW -2015-02481) on December 21, 2016 (Attachment C). Figure 4 depicts the potentially jurisdictional features within the Harrisburg Village project limits. On -Site potentially jurisdictional waters of the U.S. are summarized in Table 1. Photographs 1-10 are representative of the on-site jurisdictional features (Attachment D). Table 1. Summary of On -Site Potentially Jurisdictional Waters of the U.S., including Wetlands Jurisdictional Stream Jurisdiction NCDEQ Stream Classification Score Photograph(s) Linear Feet I (fl Acreage ( ac.) USACE/EPA Rapanos Classification' Stream A RPW 43 1,2 2,282 0.31 Stream RPW 39.5 3 416 0.05 B Seasonal RPW 27.5 4 1,056 0.08 Stream C Seasonal RPW 27.5 5 74 0.01 Stream Total: 3,828 If 0.45 ac. Jurisdictional Wetland Jurisdiction USACE/EPA Rapanos Classification Photograph(s) Linear Feet I (fl Acreage ac. ( ) Wetland AA Adjacent to RPW 6 N/A 0.16 Wetland BB Directly abutting to RPW 7 N/A 0.01 Wetland CC Directly abutting to RPW 8 N/A 0.05 Wetland DD Directly abutting to RPW 9 N/A 0.04 Wetland EE Directly abutting to RPW 10 N/A 0.06 Wetland Total: N/A 0.32 ac. Total Jurisdictional Waters of the U.S.: 3,828 If 0.77 ac. 2 Classifications of streams include Traditionally Navigable Waters (TNWs), Relatively Permanent Waters (RPWs), and Non -Relatively Permanent Waters (Non-RPWs). Subcategories of RPWs include perennial streams that typically have year-round flow, and seasonal streams that have continuous flow at least seasonally. Two classifications of jurisdictional wetlands are used to describe proximity and connection to TNWs. These classifications include either adjacent or directly abutting. Adjacent wetlands are defined as wetlands within floodplains or in close proximity to a TNW but without a direct visible connection. Abutting wetlands have a direct surface water connection traceable to a TNW. Page 2 of 7 Harrisburg Village June 12, 2017 Nationwide Permit No. 29 and Water Quality Certificate No. 4092 CWS Project No. 2015-3637 Agency Correspondence Cultural Resources A letter was forwarded to the North Carolina State Historic Preservation Office (SHPO) on May 31, 2017 to determine the presence of any areas of architectural, historic, or archaeological significance that would be affected by the project. CWS also consulted the SHPO online GIS service' and found no historical structures, buildings, sites, or districts within the project limits (SHPO Map, Attachment E). As of the date of submittal, no response has been received from the SHPO. Protected Species CWS scientists performed a data review using North Carolina Natural Heritage Program (NCNHP) Data Explorer' on May 25, 2017 to determine the presence of any federally -listed, endangered species, threatened species, or critical habitat located within the project area. Based on the NCNHP review, there are no records of federally -protected species within the project limits or within a mile of the project area. A copy of the NCNHP report is attached (Attachment F). The United States Fish and Wildlife Service's (USFWS), Raleigh Field Office, North Carolina Distribution Records of Endangered, Threatened, and Species of Concern list for Cabarrus County5 was reviewed. The USFWS database lists the Schweinitz's sunflower (Helianthus schweinitzii), Carolina heelsplitter (Lasmigona decorata), and bald eagle (Haliaeetus leucocephalus) as potentially occurring in Cabarrus County. Additionally, the project area is within Northern long-eared bat (Myotis septentrionalis) range.' Prior to the field work, CWS scientists visited a known population of Helianthus schweinitzii on May 22, 2017 to determine the condition of its stem, leaves, and flowers. Based on the site visit, the aboveground plant parts are identifiable but flowers were present. On May 25, 2017, CWS scientists conducted a pedestrian survey of the project area for federally -protected species. Transects were completed within identified areas of supportive habitat, as applicable, for potentially occurring federally -protected species. Based on the literature search and the results of the on-site assessment for federally -protected endangered and threatened species, it has been determined that habitat was observed for the Schweinitz's sunflower, Carolina heelsplitter, and northern long-eared bat (NLEB). However, any incidental take on NLEB that may result from associated activities is exempt under the 4(d) rule. As a potential habitat was present but no individuals of Schweinitz's sunflower were observed within the project limits, this project may affect but is not likely to adversely affect this species. As no individuals of Carolina heelsplitter were observed within the project limits,the observed habitat was marginal, and there are no known populations within the Rocky River watershed, where the project is located, this project will have no effect on this species. As no nesting habitat was observed for the bald eagle, this project will have no effect on this species. s North Carolina State Historic Preservation Office, http://gis.ncdcr.gov/hpoweb/. Accessed May 25, 2017. 4 North Carolina Natural Heritage Data Explorer, https://ncnhde.natureserve.org/. Accessed April 6, 2017. s United States Fish and Wildlife Service, Raleigh Field Office. Accessed March 16, 2017. Endangered and Threatened Species and Species of Concern by County for North Carolina. https://www.fws.gov/raleigh/species/cntylist/nc_counties.html. 6 The U.S. Fish and Wildlife Service (USFWS) 2016. https://www.fws.gov/midwest/endangered/mammals/nleb/pdf/WNSZone.pdf Page 3 of 7 Harrisburg Village June 12, 2017 Nationwide Permit No. 29 and Water Quality Certificate No. 4092 CWS Project No. 2015-3637 A letter requesting concurrence was sent to the (USFWS on June 5, 2017. As of the submittal date, no response has been received from the USFWS. Purpose and Need for the Project The purpose of this project is to develop approximately 40 acres of the 51 acres property into a multi -family residential development. This project will provide residential housing within Harrisburg, North Carolina to meet the growth and demand of an area of Cabarrus County that is experiencing significant population growth due to its proximity to Charlotte, North Carolina. This project is a phased project as depicted in Sheet C-1 (Attachment G), but all the wetland and stream impacts associated with this project will be included in this permit application. All adjoining subdivisions are owned by individuals and/or companies not associated with this subdivision. The client is not aware of any Section 404 permits on adjoining properties. Avoidance and Minimization Impacts to on-site jurisdictional waters of the U.S. have been reduced to the maximum extent practicable while meeting the project goals. In order to avoid and minimize the impacts to the jurisdictional waters of the U.S., the Harrisburg Village site was delineated prior to developing the site plan and the proposed site plan was designed around the delineation results. Proper sediment and erosion control measures will be used to minimize disturbances to downstream waters. Construction activities and impacts to on-site jurisdictional waters of the U.S. will comply with all conditions of Nationwide Permit 29 and Water Quality Certificate No. 4092. All work will be constructed in the dry. No Build Alternative In an attempt to minimize impacts to jurisdictional waters while meeting the goals of the project, a "No Build" alternative was considered. The property is being purchased for the purpose of providing residential housing to meet the growth and demand of an area in Cabarrus County experiencing significant population growth. A "No Build" option would not meet the project goals of providing necessary housing to meet the current demand. Therefore, the No Build Alternative was eliminated from further consideration. Proposed Design Plan The Proposed Design Plan has been thoughtfully designed to avoid impacts to jurisdictional waters of the U.S. wherever practicable. Impacts to jurisdictional wetlands and stream consist of fill for the lots and road crossing, and one temporary sewerline stream crossing. The three on-site linear wetlands (Wetland CC, DD, and EE) bisect the site and divide the property into several portions. Therefore, alternative designs for the proposed subdivision, while avoiding impacts to jurisdictional streams and wetlands, are limited. Jurisdictional waters of the U.S., including wetlands, were taken into consideration in the planning phase. The following design aspects demonstrate the avoidance and minimization of adverse impacts to the jurisdictional waters of the U.S.: 1) The proposed roadway (Victoria Way) is placed as close to the property line as possible to impact only a small portion of stream (Sheet C-1, Attachment G). The Victoria Way is curved to impact minimal portions of the stream before running parallel to the streamline to avoid additional impact. The streams and buffers are avoided Page 4 of 7 Harrisburg Village June 12, 2017 Nationwide Permit No. 29 and Water Quality Certificate No. 4092 CWS Project No. 2015-3637 in all other areas. 2) Individual lots and structures were terminated at the cul-de-sac of Maplewood Avenue to avoid stream and buffer impacts (Sheet C-1, Attachment G). 3) The extents of grading will be outside of the FEMA floodplain. We believe that the current site plan is the best possible plan that meets the project goals while avoiding impacts to jurisdictional waters of the U.S. to the greatest extent practicable. Proposed Impacts to Jurisdictional Waters Under Nationwide Permit (NWP) No. 29, unavoidable permanent impacts to jurisdictional waters associated with this project are limited to a total of 0.15 acres of jurisdictional wetlands and 34 If of jurisdictional stream channel. The proposed permanent impacts to jurisdictional waters of the U.S. consist of fill for the construction of lots and roads. Sheets C-2.0-2.5 include the construction plan sheets (Attachment G). Temporary impacts to jurisdictional waters associated with this project are limited to a total of 30 linear feet of temporary stream impacts. This temporary impact consists of a temporary stream crossing for a sewerline installation via open cut trench. Proposed permanent and temporary impacts to jurisdictional waters of the U.S., including wetlands, are summarized in Table 2 (below). Table 2. Proposed Impacts to On -Site Jurisdictional Waters of the U.S., including Wetlands Jurisdictional Impact NWP Type of Impact Temporary/ Sheet # Impact Impact Feature No. No. Permanent (If) ac S1 29 Fill Permanent C-2.1 34 0.01 Stream B Sewerline crossing via S2 29 open trench Temporary C-2.2 30 0.01 Total Stream Impacts 64 If 0.002 ac. Jurisdictional Impact NWP Forested/ Type of Temporary/ Sheet # Impact Impact Feature No. No. Herbaceous Impact Permanent (If) (ac) Wetland CC W1 29 Forested Fill Permanent C-2.2, C-2.3, - 0.05 Wetland DD W2 29 Forested Fill Permanent - 0.06 Wetland EE W3 29 Forested Fill Permanent C-2.4 - 0.04 Total Permanent Wetland Impacts: - 0.15 ac. Total Temporary Stream Impacts: 341f 0.01 ac. Total Permanent Stream Impacts: 30 If 0.01 ac. Total Loss of jurisdictional Waters of U.S.: 30 If 0.16 ac Fill for Lots and Roads The proposed fill for units and roads are unavoidable in order to meet the project goals. The associated fill for units and roads will result in a total of 34 linear feet of permanent impacts to Seasonal RPW Stream B and 0.15 acres of permanent impacts to jurisdictional wetlands (Attachment G). The stormwater drainage currently flowing to these jurisdictional features will be Page 5 of 7 Harrisburg Village June 12, 2017 Nationwide Permit No. 29 and Water Quality Certificate No. 4092 CWS Project No. 2015-3637 captured via the pipe system depicted in the construction plan sheets C-2.1 - C-2.5 and then redirected to the stormwater control measures located in northeastern portion of the property. The proposed impacts associated with the fill for the roads and units are listed below: S1: Fill for a road will result in 34 linear feet of permanent impacts (S1) to Seasonal RPW Stream B. The plan view is depicted as Sheet C-2.0. W1 -W3: Fill for units and the roads will result in 0.15 acres of permanent impacts to Wetlands CC, DD, and EE. This impact from fill is essential to create more usable area on the 51 -acre property that is divided into four sections by several linear stream and wetland features by bringing the existing grade up to the proper elevation for development. The proposed soft path (unpaved train) will cause minimal permanent disturbance (<0.01 acre) in the northern portion of Wetlands CC and EE. The plan view is depicted as Sheet C-2.0 and sheets C-2.3, 2.2, and 2.3 provide zoomed in views (Attachment G). Temporary Crossing for Sewerline S2: The proposed construction easement associated with the sewer crossing is located in the north -central portion of the property and will result in 30 linear feet of temporary impact to Seasonal RPW Stream B (Sheets C-2.0 and C- 2.2: Attachment G). No permanent impacts are associated with the sewer installation. The proposed sewerline will cross Seasonal RPW Stream B at a perpendicular angle. The disturbance includes approximately 46 cubic yards of cut and backfill. The total width of the proposed temporary construction easement is 30 feet. There will be a temporary pit and pump over during sewer construction. The temporary structures will be removed after the sewer stream crossing construction is complete. Disturbed stream banks will be restored to original pre -construction contours, stabilized with biodegradable coir fiber matting or other coconut fiber matting, and seeded with a native riparian seed mix. Compensatory Mitigation Permanent loss of waters of the U.S. is limited to 34 linear feet of jurisdictional stream channel and 0.15 acres of wetlands. As the 0.15 acres of proposed permanent impacts to jurisdictional wetlands exceed the mitigation threshold, compensatory mitigation is required. Proposed impacts requiring mitigation total 0.15 of medium quality wetland. Eastwood Homes proposes to mitigate for the permanent wetland impacts through the purchase of wetland mitigation credits from the NC Division of Mitigation Services (DMS). The credit acceptance letter is attached (Attachment H). CWS would like to propose mitigation ratio for the proposed impacts. The North Carolina Wetland Assessment Methodology (NC WAM) form was completed for the wetlands to obtain an estimate of the quality of the linear wetlands (NC WAM 1, Attachment 1). The wetlands proposed to be impacted exhibited similar characteristics , therefore only one NC WAM form was completed for Page 6 of 7 Harrisburg Village Nationwide Permit No. 29 and Water Quality Certificate No. 4092 June 12, 2017 CWS Project No. 2015-3637 these wetlands. This wetland represented a moderately degraded condition and departure from its reference conditions (Headwater Forest) due to high density development up gradient and south from the project area. The wetland proposed to be impacted scored Medium as assessed with NC WAM. As the proposed wetland impacts have been limited to 0.15 acres and DMS will round up the required mitigation amount to the nearest quarter acre, CWS proposes a 1:1 ratio for the impacted wetland, totaling 0.25 acres of mitigation credits. On behalf of Eastwood Homes, CWS is submitting a Pre -Construction Notification Application with attachments in accordance with Nationwide Permit General Condition No. 32, and pursuant to Nationwide Permit No. 29 and WQC No. 4092. Thank you for the opportunity to provide these services on this important project. Please do not hesitate to contact Gregg Antemann at 704-408-1683 or gregg@cws-inc.net should you have any questions or comments regarding this report. Sincerely, Gregg Antemann, PWS Principal Scientist Attachments: Figure 1: Vicinity Map Figure 2: USGS Site Location Figure 3: Aerial Imagery Figure 4: Jurisdictional Boundaries Attachment A - Agent Authorization Form Aliisa Harjuniemi, WPIT Project Scientist Attachment B - Pre -Construction Notification Pursuant to Nationwide Permit No. 29 Attachment C - Preliminary Jurisdictional Determination (SAW -2015-02481) Attachment D - Photopage (Photographs 1-10) Attachment E - SHPO Map Attachment F - NCNHP Data Review Report Attachment G - Construction Plan Sheets: Proposed Impacts S1, S2, and W1 -W3 Attachment H - DMS Acceptance Letter Attachment I - NC WAM Form Page 7 of 7 C:\Users\AliisaHarjuniemi\Desktop\Harrisburg Village\ArcGIS Maps\1. Vicinity.mxd C:\Users\AliisaHaduniemi\Desktop\Hardsburg Village\ArcGIS Maps\2. USGS.mxd 0 Q O ...�`��.. Owat. 4., ► �s � , a ,I NST sem= ,y D = aw'i" r e,•'4' i,°tF�, REFERENCE: BACKGROUND AERIAL IMAGERY PROVIDED BY INC ONEMAP, DATED 2015. �G - BACKGROUND GIS LAYER(S) PROVIDED BY CABARRUS COUNTY GIS DEPARTMENT, DATED 2016. SCALE: DATE: 5�31�2017 FIGURE NO. 1 inch = 400 feet Aerial Imagery CWS PROJECT NO: DRAWN BY: 2015-3637 AVH Harrisburg Village C:\Users\AliisaHaouniemi\Desktop\Harrisburg Village\ArcGIS Maps\3. Aerial.mxd S° .� \1 1 4 ♦ ._! r • PHYSICIANS BLVD C3 -•; -_ . Legend � t4 r, Project Limits (51 ac.) ` HAGLER;ST r _ .I ••• I Streets Tax Parcels :Mr's A Gn y" 400 200 0 400 Fed REFERENCE: BACKGROUND AERIAL IMAGERY PROVIDED BY INC ONEMAP, DATED 2015. �G - BACKGROUND GIS LAYER(S) PROVIDED BY CABARRUS COUNTY GIS DEPARTMENT, DATED 2016. SCALE: DATE: 5�31�2017 FIGURE NO. 1 inch = 400 feet Aerial Imagery CWS PROJECT NO: DRAWN BY: 2015-3637 AVH Harrisburg Village C:\Users\AliisaHaouniemi\Desktop\Harrisburg Village\ArcGIS Maps\3. Aerial.mxd C:\Users\AliisaHarjuniemi\Desktop\Harrisburg Village\ArcGIS Maps\4. JD_NEW.mxd Harrisburg Village Attachments ATTACHMENT A: Agent Authorization Form June 12, 2017 CWS Project No. 2015-3637 AKIF NT C IHRTIFICATI ON OF AUlHOR12 AIT1O1N 11, the undersigned, a dull aull a nizad amiwi (I second of the proparlyjlpiiopentiaE identifnad herein, da autl ariza napnesenlalive of the Wilmington District, U.S. Aluiry Gorps of Fingineens (Cort s', 10 ander i pa n the proper y herein dascnibed fan the purpa se of conducling on-sile investigation,, and issuing a determination associated wish Wateais of the U.S. subject to Hedenal jurisdictional under Section 404 of the Clean Alater Act andtlou Sac lie n ] 0 a the Hiders and Harbors Aat a 11899. 11, Mn. Bat C uinn, representing Eastwood Ha mas, liaraby certify that I have aulhorizad Clna 8 8 Anil err ann a l Carolina Wla l la nd Service!, Inc. lo act on rniy behalf and l alae all actions nes assar 1l to 1he processing, is9uance, and acceptanae of thisi nequasil fan wetlands c le 1 e: inn ination it pe zimil I in E and any and all srl a ndai d and iB a tial condil ions attached. Ae herald centif,l that the above inlonmalion submitted in lhisi application is true and a ccural a to the be st of a t n knowledge. V `DIM V IMI ►" Applicant's s igna tune Agent's si81na ture 6-7-2017 Dale Compli ti( i of thin form vi ill allow tha agenl to dgn all fulutia application i c rna flat dance. Harrisburg Village Attachments ATTACHMENT B: June 12, 2017 CWS Project No. 2015-3637 Pre -Construction Notification Pursuant to Nationwide Permit No. 29 o1;;R�,r Office Use Only: Corps action ID no. DWQ project no. Form Version 1.4 January 2009 Page 1 of 16 PCN Form — Version 1.4 January 2009 Pre -Construction Notification (PCN) Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: N Section 404 Permit ❑ Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: 29 or General Permit (GP) number: 1 c. Has the NWP or GP number been verified by the Corps? ❑ Yes N No 1d. Type(s) of approval sought from the DWQ (check all that apply): N 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization le. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ❑ Yes N No For the record only for Corps Permit: ❑ Yes N No 1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. N Yes ❑ No 1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ❑ Yes N 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes N No 2. Project Information 2a. Name of project: Harrisburg Village 2b. County: Cabarrus 2c. Nearest municipality / town: Harrisburg 2d. Subdivision name: 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: JACKSON INVESTMENT HOLDINGS LLC 3b. Deed Book and Page No. 12302-0196 3c. Responsible Party (for LLC if applicable): 3d. Street address: 1209 Oak Crest Trail 3e. City, state, zip: Belmont, NC 28012 3f. Telephone no.: 3g. Fax no.: 3h. Email address: Page 1 of 16 PCN Form — Version 1.4 January 2009 4. Applicant Information (if different from owner) 4a. Applicant is: ❑ Agent Other, specify: Client 4b. Name: Mr. Pat Quinn 4c. Business name (if applicable): Eastwood Homes 4d. Street address: 2857 Westport Road 4e. City, state, zip: Charlotte, NC 28208 4f. Telephone no.: 704-942-0248 4g. Fax no.: 4h. Email address: pquinn@eastwoodhomes.com 5. Agent/Consultant Information (if applicable) 5a. Name: Gregg Antemann, PWS 5b. Business name (if applicable).- pplicable):5c. Carolina Wetland Services, Inc. 5c.Street address: 550 E. Westinghouse Blvd. 5d. City, state, zip: Charlotte, NC 28273 5e. Telephone no.: 704-408-1683 5f. Fax no.: 704-527-1133 5g. Email address: gregg@cws-inc.net Page 2 of 16 PCN Form — Version 1.4 January 2009 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 55079984420000, 55170961880000, 55170836530000, 55170766360000, and 01010000400 1 b. Site coordinates (in decimal degrees): Latitude: 35.329911' Longitude: -80.642257° 1 c. Property size: 51 acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: UT to Rocky River 2b. Water Quality Classification of nearest receiving water: Class C 2c. River basin: Yadkin (HUC 03040105) 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: The project area consists of a forested area with a few open unmaintained and maintained areas (Figure 3, attached). Typical on-site vegetation includes eastern redbud (Cercis canadensis), hackberry (Celtis occidentalis), sweetgum (Liquidambar styraciflua), winged elm (Ulmus alata), green ash (Fraxinus pennsylvanica), greenbrier (Smilax rotundifolia), Chinese privet (Ligustrum sinense), Nepalese browntop (Microstegium vimineum), muscadine (Vitis rotundifolia), poison ivy (Toxicodendron radicans), and Japanese honeysuckle (Lonicera japonica). There is evidence that site has been burned in the past 10 years (burn marks in trees). 3b. List the total estimated acreage of all existing wetlands on the property: 0.45 acre of jurisdictional wetland area 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 2.698 linear feet of perennial stream, 1,130 linear feet of intermittent stream. 3d. Explain the purpose of the proposed project: The purpose of this project is to develop approximately 40 acres of the 51 acres property into a multi -family residential development. This project will provide residential housing within Harrisburg, North Carolina to meet the growth and demand of an area of Cabarrus County that is experiencing significant population growth due to its proximity to Charlotte, North Carolina. This project is a phased project as depicted in Sheet C-1 (Attachment G), but all the wetland and stream impacts associated with this project will be included in this permit application. All adjoining subdivisions are owned by individuals and/or companies not associated with this subdivision. The client is not aware of any Section 404 permits on adjoining developments. 3e. Describe the overall project in detail, including the type of equipment to be used: (see next page) Page 3 of 16 PCN Form — Version 1.4 January 2009 3e Under Nationwide Permit (NWP) No. 29, unavoidable permanent impacts to jurisdictional waters associated with this project are limited to a total of 0.15 acres of jurisdictional wetlands and 34 If of jurisdictional stream channel. The proposed permanent impacts to jurisdictional waters of the U.S. consist of fill for the construction of lots and roads. Sheets C-2.0-2.5 include the construction plan sheets (Attachment G). Temporary impacts to jurisdictional waters associated with this project are limited to a total of 30 linear feet of temporary strea impacts. This temporary impact consists of a temporary stream crossing for a sewerline installation via open cut trench. Fill for Lots and Roads The proposed fill for units and roads are unavoidable in order to meet the project goals. The associated fill for units and roads will result in a total of 34 linear feet of permanent impacts to Seasonal RPW Stream B and 0.15 acres of permanent impacts to jurisdictional wetlands (Attachment G). The stormwater drainage currently flowing to these jurisdictional features will be captured via the pipe system depicted in the construction plan sheets C-2.1 - C-2.5 and then redirected to the stormwater control measures located in northeastern portion of the property. The proposed impacts associated with the fill for the roads and units are listed below: S1: Fill for a road will result in 34 linear feet of permanent impacts (S1) to Seasonal RPW Stream B. The plan view is depicted as Sheet C-2.0. W1 -W3: Fill for units and the roads will result in 0.15 acres of permanent impacts to Wetlands CC, DD, and EE. This impact from fill is essential to create more usable area on the 51 -acre property that is divided into four sections by several linear stream and wetland features by bringing the existing grade up to the proper elevation for development. The proposed soft path (unpaved train) will cause minimal permanent disturbance (<0.01 acre) in the northern portion of Wetlands CC and EE. The plan view is depicted as Sheet C-2.0 and sheets C-2.3, 2.2, and 2.3 provide zoomed in views (Attachment G). Temporary Crossing for Sewerline S2: The proposed construction easement associated with the sewer crossing is located in the north -central portion of the property and will result in 30 linear feet of temporary impact to Seasonal RPW Stream B (Sheets C-2.0 and C- 2.2: Attachment G). No permanent impacts are associated with the sewer installation. The proposed sewerline will cross Seasonal RPW Stream B at a perpendicular angle. The disturbance includes approximately 46 cubic yards of cut and backfill. The total width of the proposed temporary construction easement is 30 feet. There will be a temporary pit and pump over during sewer construction. The temporary structures will be removed after the sewer stream crossing construction is complete. Disturbed stream banks will be restored to original pre -construction contours, stabilized with biodegradable coir fiber matting or other coconut fiber matting, and seeded with a native riparian seed mix. Typical construction equipment such as tract hoe will be used. Page 4 of 16 PCN Form — Version 1.4 January 2009 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the ❑x Yes ❑ No ❑ Unknown Corps or State been requested or obtained for this property / project including all prior phases in the past? Comments: 4b. If the Corps made the jurisdictional determination, what type ® PreliminaryEl Final of determination was made? 4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: Name (if known): CWS Other: CWS 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. The Harrisburg Village site was delineated by CWS scientists on October 29, 2015. The U.S. Army Corps of Engineers (USACE) issued a Preliminary Determination (SAW -2015-02481) on December 21, 2016 (Attachment C). Figure 4 depicts the potentially jurisdictional features within the Harrisburg Village project limits. On -Site potentially jurisdictional waters of the U.S. are summarized in Table 1. Photographs 1-10 are representative of the on-site jurisdictional features (Attachment D). 5. Project History 5a. Have permits or certifications been requested or obtained for ❑ Yes ❑x No ❑ Unknown this project (including all prior phases) in the past? 5b. If yes, explain in detail according to "help file" instructions. 6. Future Project Plans 6a. Is this a phased project? ® Yes ❑ No 6b. If yes, explain. This project is a phased project as depicted in Sheet C-1 (Attachment G), but all the wetland and stream impacts associated with this project will be included in this permit application. Page 5 of 16 PCN Form — Version 1.4 January 2009 C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): ® Wetlands © Streams — tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. 2b. 2c. 2d. 2e. 2f. Area Wetland impact Type of impact Type of wetland Forested Type of jurisdiction of number Corps (404,10) or impact Permanent (P) or DWQ (401, other) (acres) Tempora T W1 p Fill Headwater Wetland Yes Corps 0.05 W2 p Fill Headwater Wetland Yes Corps 0.06 W3 p Fill Headwater Wetland Yes Corps 0.04 W4 W5 W6 2g. Total Wetland Impacts: 0.15 ac. 2h. Comments: Permanent impacts to jurisdictional wetlands total 0.15 acre. 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. 3b. 3c. 3d. 3e. 3f. 3g. Stream impact Type of impact Stream name Perennial (PER) or Type of Average Impact number intermittent (INT)? jurisdiction stream length Permanent (P) or width (linear Temporary (T) (feet) feet) S1 P Fill Stream B INT Corps 3 34 S2 P Sewerline crossing via Stream B INT Corps 3 30 open trench S3 S4 3h. Total stream and tributary impacts 64 Page 6 of 16 PCN Form — Version 1.4 January 2009 3i. Comments: Permanent impacts to streams total 34 linear feet. Page 7 of 16 PCN Form — Version 1.4 January 2009 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individually list all open water impacts below. 4a. Open water impact number Permanent (P) or Tempora T 4b. Name of waterbody (if applicable 4c. Type of impact 4d. Waterbody type 4e. Area of impact (acres) 01 _ Choose One Choose 02 _ Choose One Choose 03 _ Choose One Choose 04 _ Choose One Choose 4f. Total open water impacts 4g. Comments: 5. Pond or Lake Construction If pond or lake construction proposed, then complete the chart below. 5a. Pond ID number 5b. Proposed use or purpose of pond 5c. Wetland Impacts (acres) 5d. Stream Impacts (feet) 5e. Upland (acres) Flooded Filled Excavated Flooded Filled Excavated P1 Choose One P2 Choose One 5f. Total: 5g. Comments: 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. 6a. Project is in which protected basin? ❑ Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Randleman ❑ Other: 6b. Buffer Impact number- Permanent (P) or Tempora T 6c. Reason for impact 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact (square feet) 6g. Zone 2 impact (square feet B1 _ Yes/No B2 _ Yes/No B3 _ Yes/No B4 _ Yes/No B5 _ Yes/No B6 _ Yes/No 6h. Total Buffer Impacts: 6i. Comments: Page 8 of 16 PCN Form - Version 1.4 January 2009 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. Impacts to on-site jurisdictional waters of the U.S. have been reduced to the maximum extent practicable while meeting the project goals. In order to avoid and minimize the impacts to the jurisdictional waters of the U.S., the Harrisburg Village site was delineated prior to developing the site plan and the proposed site plan was designed around the delineation results. Proper sediment and erosion control measures will be used to minimize disturbances to downstream waters. Construction activities an impacts to on-site jurisdictional waters of the U.S. will comply with all conditions of Nationwide Permit 29 and Water Quality Certificate No. 4092. All work will be constructed in the dry. In an attempt to minimize impacts to jurisdictional waters while meeting the goals of the project, a "No Build" alternative was considered. The property is being purchased for the purpose of providing residential housing to meet the growth and demand of an area in Cabarrus County experiencing significant population growth. A "No Build" option would not meet the project goals of providing necessary housing to meet the current demand. Therefore, the No Build Alternative was eliminated from further consideration. The Proposed Design Plan has been thoughtfully designed to avoid impacts to jurisdictional waters of the U.S. wherever practicable. Impacts to jurisdictional wetlands and stream consist of fill for the lots and road crossing, and one temporary sewerline stream crossing. The three on-site linear wetlands (Wetland CC, DD, and EE) bisect the site and divide the property into several portions. Therefore, alternative designs for the proposed subdivision, while avoiding impacts to jurisdictional streams and wetlands, are limited. Jurisdictional waters of the U.S., including wetlands, were taken into consideration in the planning phase. The following design aspects demonstrate the avoidance and minimization of adverse impacts to the jurisdictional waters of the U.S.: 1) The proposed roadway (Victoria Way) is placed as close to the property line as possible to impact only a small portion of stream (Sheet C-1, Attachment G). The Victoria Way is curved to impact minimal portions of the stream before running parallel to the streamline to avoid additional impact. The streams and buffers are avoided in all other areas. 2) Individual lots and structures were terminated at the cul-de-sac of Maplewood Avenue to avoid stream and buffer impacts (Sheet C-1, Attachment G). 3) The extents of grading will be outside of the FEMA floodplain. believe that the current site plan is the best possible plan that meets the project goals while avoiding impacts to jurisdictional ;rs of the U.S. to the greatest extent practicable. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Impacts to on-site jurisdictional waters of the U.S. have been reduced to the maximum extent practicable. Proper sediment and erosion control measures will be used to minimize disturbances to downstream waters. Construction activities and impacts to on-site jurisdictional waters of the U.S. will comply with all conditions of Nationwide Permits 29 and Water Quality Certificate No. 4092. All work will be constructed in the dry. Page 9 of 16 PCN Form — Version 1.4 January 2009 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? N Yes ❑ No 2b. If yes, mitigation is required by (check all that apply): ❑ DWQ N Corps 2c. If yes, which mitigation option will be used for this project? ❑ Mitigation bank N Payment to in -lieu fee program ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type: Choose One Type: Choose One Type: Choose One Quantity: Quantity: Quantity: 3c. Comments: 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. N Yes 4b. Stream mitigation requested: 4c. If using stream mitigation, stream temperature: Choose One 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: 0.15 acres 4f. Non -riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) —required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? ❑ Yes N No 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (square feet) Page 10 of 16 PCN Form — Version 1.4 January 2009 Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund). 6h. Comments: Page 11 of 16 PCN Form — Version 1.4 January 2009 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers identified ❑ Yes N No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. This project is associated with a stormwater infrastructure maintenance project and ❑ Yes C] No does not require a SMP. 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? >24 % 2b. Does this project require a Stormwater Management Plan? N Yes ❑ No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: The plan is currently being reviewed by the Town of Harrisburg. 2e. Who will be responsible for the review of the Stormwater Management Plan? own of Harrisburg 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? own of Harrisburg N Phase II 3b. Which of the following locally -implemented stormwater management programs ❑ NSW apply (check all that apply): ❑ USMP ❑ Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes N No attached? 4. DWQ Stormwater Program Review ❑ Coastal counties El HOWEl 4a. Which of the following state -implemented stormwater management programs apply ORW (check all that apply): ❑ Session Law 2006-246 ❑ Other: 4b. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑ No attached? 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ❑ Yes ❑ No 5b. Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No Page 12 of 16 PCN Form — Version 1.4 January 2009 F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1 a. Does the project involve an expenditure of public (federal/state/local) funds or the p' Yes M No use of public (federal/state) land? 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ❑' Yes ❑ No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1 c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval letter.) ❑. Yes II No Comments: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ❑ Yes M No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after -the -fact permit application? ❑ Yes ® No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in ❑ Yes ® No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. The project will not result in additional future development. 4. Sewage Disposal (DWQ Requirement) Page 13 of 16 PCN Form — Version 1.4 January 2009 4a. Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. The proposed sewers will tie into the exiting sewer infrastructure off site at the northeast corner of the property. Page 14 of 16 PCN Form — Version 1.4 January 2009 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or ❑x Yes ❑ No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ❑x Yes ❑ No impacts? 5c. If yes, indicate the USFWS Field Office you have contacted. Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? CWS scientists performed a data review using North Carolina Natural Heritage Program (NCNHP) Data Explorer on May 25, 2017 to determine the presence of any federally -listed, endangered species, threatened species, or critical habitat located within the project area. Based on the NCNHP review, there are no records of federally -protected species within the project limits or within a mile of the project area. A copy of the NCNHP report is attached (Attachment F). The United States Fish and Wildlife Service's (USFWS), Raleigh Field Office, North Carolina Distribution Records of Endangered, Threatened, and Species of Concern list for Cabarrus County was reviewed. The USFWS database lists the Schweinitz's sunflower (Helianthus schweinitzii), Carolina heelsplitter (Lasmigona decorata), and bald eagle (Haliaeetus leucocephalus) as potentially occurring in Cabarrus County. Additionally, the project area is within Northern long-eared bat (Myotis septentrionalis) range. Prior to the field work, CWS scientists visited a known population of Helianthus schweinitzii on May 22, 2017 to determine the condition of its stem, leaves, and flowers. Based on the site visit, the aboveground plant parts are identifiable but flowers were present. On May 25, 2017, CWS scientists conducted a pedestrian survey of the project area for federally - protected species. Transects were completed within identified areas of supportive habitat, as applicable, for potentially occurring federally -protected species. Based on the literature search and the results of the on-site assessment for federally -protected endangered and threatened species, it has been determined that habitat was observed for the Schweinitz's sunflower, Carolina heelsplitter, and northern long-eared bat (NLEB). However, any incidental take on NLEB that may result from associated activities is exempt under the 4(d) rule. As a potential habitat was present but no individuals of Schweinitz's sunflower were observed within the project limits, this project may affect but is not likely to adversely affect this species. As no individuals of Carolina heelsplitter were observed within the project limits,the observed habitat was marginal, and there are no known populations within the Rocky River watershed, where the project is located, this project will have no effect on this species. As no nesting habitat was observed for the bald eagle, this project will have no effect on this species. A letter requesting concurrence was sent to the (USFWS on June 5, 2017. As of the submittal date, no response has been received from the USFWS. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes ❑x No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? NOAA Fisheries: http://www.habitat.noaa.gov/protection/efh/habitatmapper.htmi 7. Historic or Prehistoric Cultural Resources (Corns Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation ❑ Yes ❑x No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? Page 15 of 16 PCN Form — Version 1.4 January 2009 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? A letter was forwarded to the North Carolina State Historic Preservation Office (SHPO) on May 31, 2017 to determine the presence of any areas of architectural, historic, or archaeological significance that would be affected by the project. CWS also consulted the SHPO online GIS service and found no historical structures, buildings, sites, or districts within the project limits (SHPO Map, Attachment E). As of the date of submittal, no response has been received from the SHPO. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? ❑ Yes © No 8b. If yes, explain how project meets FEMA requirements: There will be no fill in the FEMA floodplain. Additionally, the extents of grading will be outside of the FEMA floodplain. 8c. What source(s) did you use to make the floodplain determination? FEMA FIRM No. 3710550700J and 3710551700J ZT-�- 6.12.17 Mr. Gregg Antemann Applicant/Agent's Signature (Agent's Applicant/Agent's Printed Name signature is valid only if an authorization letter Date from the applicant is provided.) Page 16 of 16 PCN Form - Version 1.4 January 2009 Harrisburg Village Attachments ATTACHMENT C: June 12, 2017 CWS Project No. 2015-3637 Preliminary Jurisdictional Determination (SAW -2015-02481) U.S. ARMY CORPS OF ENGINEERS WILMMGTON DISTRICT Action I.D.: SAW -2015-02481 County: Cabarrus U.S.G.S. Quad: NC -HARRISBURG NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner/Agent: Mike Kemp, Eastwood Construction, LLC Address: 2857 Westport Road Charlotte, North Carolina 28208 Telephone No.: 704 421 6541 Property description: Size (acres): 51 acres Nearest Waterway: Rocky River Coordinates: 35.329911, -80.642257 Nearest Town. Harrisburg River Basin: Upper Pee Dee Hydrologic Unit Code: 03040105 Location Description: The site is located at Harrisburg Town Center, Southeast of Harrisburg Drive -Roberta Road intersection, in Cabarrus County, North Carolina. Indicate Which of the Following App1 : A. Preliminary Determination X_ Based on preliminary information, there may be waters and wetlands on the above described property. We strongly suggest you have this property inspected to determine the extent of Department of the Army (DA) jurisdiction, Tobe considered final, a jurisdictional determination must be verified by the Corps. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331). ). 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. D. Approved Determination There are Navigable Waters of the United States within the above described property subject to the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ There are waters and wetlands on the above described property subject to the permit requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ We strongly suggest you have the waters and wetlands on your property delineated. Due to the size of your property and/or our present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps. X_ The waters and wetlands on your property have been delineated and the delineation has been verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. The waters and wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on . Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. There are no waters of the U.S., to include wetlands, present on the above described property which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344), Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. Action Id.: SAW -2015-02481 Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this determination and/or the Corps regulatory program, please contact William Elliott at 828-271-7980. C. Basis For Determination The site contains wetlands as determined by the 1987 Corps of Engineers Wetland Delineation Manual and the Interim Regional Supplement to the Corps of Engineers Wetlands Delineation Manual Eastern Mountain and Piedmont Region. These wetlands are adjacent to stream channels located on the property that exhibit indicators of ordinary high water marks. The stream channel on the property is an unnamed tributary to Rocky River which flows into the Upper Pee Dee River. Yadkin River joins the Uwharrie River to form the Pee -Dee River. Pee Dee River enters the Atlantic Ocean through Winyah Bay in South Carolina. So drainages in Iredell, Rowan, and Wilkes drain to Yadkin River (before it's confluence with Uwharrie River). Drainages in Cabarrus, Mecklenburg, Stanley, and Union drain to Pee -Dee River. D. Remarks. Jurisdictional "Waters of the US" have been identified on this property as depicted by submitted Jurisdictional Request Package on file. E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act ju isdiction for the particular site identified in this request. The del ineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved ,jurisdictional determinations as indicated in B. above) Attached to this verification is an approved jurisdictional determination, If you are not in agreement with that approved jurisdictional determination, you can make an administrative appeal under 33 CFR 331. Enclosed you will find a request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Jason Steele, Review Officer 60 Forsyth Street SW, Room 10M15 Atlanta, Georgia 30303-8801 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 33 1.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address within 60 days of the issue date below. "It is not necessary to submit an RFA Form to the Division Office if you do not object to the determination in this correspondence. Corps Regulatory Official; William Elliott Issue Date: December 21,201_6 Expiration Date: December 20, 2021 2 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at our website at hgp://per2.nwp.usace.amiy.inii/survey.htmI to complete the survey online. CF: Gregg Antemann,PWS, 550 E. Westinghouse Blvd. Charlotte, NC 28273 3 NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: Mike Kemp, Eastwood Construction, File Number: SAW-2015- Date: December 21, LLC 02481 2016 Attached is: See Section. below INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A PROFFERED PERMIT (Standard Permit or Letter of permission) B PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D X PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at http://www.usace.artny.mil/CECW/Pages/reg_materials.aspx 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 pen-nit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer, Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the pennit to address some of your objections, or (c) not modify the permit having detennined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered pen-nit 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 terns 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 pen-nit under the Corps of Engineers Administrative Appeal Process by completing Section IT of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a pen-nit under the Corps of Engineers Administrative Appeal Process by cornpleting Section IT of this form and sending the fonn to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section lI 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: PRELIMINARY JI7RISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. SECTION 11- 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 perinit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record, POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision and/or the appeal If you only have questions regarding the appeal process you may process you may contact: also contact: William Elliott, Project Manager Mr. Jason Steele, Administrative Appeal Review Officer USAGE, Asheville Regulatory Field Office CESAD-PDO 151 Patton Ave U.S. Army Corps of Engineers, South Atlantic Division RM 208 60 Forsyth Street, Room 10M15 Asheville, NC 28801 Atlanta, Georgia 30303-8801 828-271-7980 Phone: (404) 562-5137 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site investigations, Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: William Elliott, 69 Darlington Avenue, Wilmington, North Carolina 28403 For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 ATTACHMENT A PRELIMINARY JURISDICTIONAL DETERMINATION FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PRELIMINARY JURISDI TIONAL DETERMINATION (JD). November2, 2015 ' B. NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD: Eastwood construction, LLC; POC; Mike Kemp 2857 Westport Road Charlotte, NO 28208 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Sow_/�/t / Wilmington District 4 ,S k/— ! Vp? T,! ,X 11 ST we bQ CW,vSTI bt c D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: Located southeast of the Harrisburg Drive -Roberta Road intersection in Harrisburg, North Carolina (USE THE ATTACHED TABLE TO DOCUM5NT MULTIPLE WATERBODIES AT DIFFERENT SITES) State: NC County/parish/borough: Cabarrus City: Ilarrisburg Center coordinates of site (]at/long in degree decimal format): Lat. 95.329911 ON; Long. -80.642257 QW. Universal Transverse Mercator: NAD83 Name of nearest waterbody: Rocky River Identify (estimate) amount of waters in the review area: Nan -wetland waters: 3,828 linear feet: 2-6 width (ft) and/or 0.45 acres. Cowardin Class: R51,1e2, R41JI32 Stream Flow: 2,698 If perennial, 1,130 If seasonal Wetlands: 0-52 acres. Cowardin Class: PI=01 Name of any water bodies on the site that have been identified as Section 10 waters: Tidal: Non Tidal: 1 E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑ Office (Desk) Determination. Date: Field Determination. Date(s): October 29, 2015 SUPPORTING DATA. Data reviewed for preliminary .1D (check all that apply - checked items should be included lin case file and, where checked and requested, appropriately reference sources below): 0 Maps, plans, plots. or plat submitted by or on behalf of the applicant/consultant: 0 Data sheets prepared/submitted by or on behalf of the applicant/consultant. ❑Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. ❑ Data sheets prepared by the Corps: ❑ Corps navigable waters' study: ❑ U.S. Geological Survey Hydrologic Atlas: 11 USGS NHD data ❑ USGS 8 and 12 digit HUC maps ❑✓ U.S. Geological Survey map(s). Cite scale & quad name: l,24.00o,Harrisburg,NO1098. 121 USDA Natural Resources Conservation Service Soil Survey. Citation: Cabarrus County Soil Survey ❑ National wetlands inventory map(s). Cite name:, 11 State/Local wetland inventory map(s): ❑ FEMA/FIRM maps: ❑ 1 00 -year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929) Photographs: l y I Aerial (Name & Date): Fsri, accessed 2015 or Other (Name & Date):Sllephologmphsofslrearns (May andOrtober2c15). ❑ Previous determination (s). File no. and date of response letter: ❑ Other information (please specify): 2 1. The Corps of Engineers believes that there may be jurisdictional waters of the United States on the subject site, and the permit applicant or other affected party who requested this preliminary JD is hereby advised of his or her option to request and obtain an approved jurisdictional determination (JD) for that site. Nevertheless, the permit applicant or other person who requested this preliminary JD has declined to exercise the option to obtain an approved JD in this instance and at this time. 2, In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre -construction notification" (PCN), or requests verification for a non -reporting NWP or other general permit, and the permit applicant has not requested an approved JD for the activity, the permit applicant is hereby made aware of the following: (1) the permit applicant has elected to seek a permit authorization based on a preliminary JD, which does not make an official determination of jurisdictional waters; (2) that the applicant has the option to request an approved JD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an approved JD could possibly result in less compensatory mitigation being required or different special conditions; (3) that the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) that the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) that undertaking any activity in reliance upon the subject permit authorization without requesting an approved JD constitutes the applicant's acceptance of the use of the preliminary JD, but that either form of JD will be processed as soon as is practicable; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a preliminary JD constitutes agreement that all wetlands and other water bodies on the site affected in any way by that activity are jurisdictional waters of the United States, and precludes any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an approved JD or a preliminary JD, that JD will be processed as soon as is practicable. Further, an approved JD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331, and that in any administrative appeal, jurisdictional issues can be raised (see 33 CY R. 331.5(a)(2)). If, during that administrative appeal, it becomes necessary to make an official determination whether CWA jurisdiction exists over a site, or to provide an official delineation of jurisdictional waters on the site, the Corps will provide an approved JD to accomplish that result, as soon as is practicable. This preliminary JD finds that there "maybe" waters of the United States on the subject project site, and identifies all aquatic features on the site that could be affected by the proposed activity, based on the following information: IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for later "urisdictional determinations. } 11/52015 Signature and date of Regulatory Project Manager (REQUIRED) ;12 OQ 4 Signature and date of person requesting preliminary JD (REQUIRED, unless obtaining the signature is impracticable) a t I ,4 ti �aJ J�, f{ t ���J f I I Perennial Stream Seasonal Stream C -416 if r ' - Seasonal Stream B « `� ~ 74 If 1,056 If } I 1 S. VWetland DD =s _ �- 1 '•� �m 0.09 ac. ,a Wetland CC , a 0.11 ac. f f �Y Wetland EE- 3_- 0.15 ac. � • �r _ _ .� Wetland AA ` �- 0.16 ac. - L Legend Wetland BB_ r ® Project Limits 1 0.01 ac. f N Perennial RPW f - r ...... Seasonal RPW r` _ Wetlands •`� � Perennial Stream A I' , 'ANS pLV 2,282 If • DP Data Point �PHYSIo1 1 SSCP Stream Classification Point i �j Photo Location & Direction REFERENCE: BACKGROUND GIs LAYERS PROVIDED BY CABARRUS COUNTY, NC, DATED 2015. r° '' ; `+• IX vI ' THE ONSITE FEATURES WERE DELINEATED (FLAGGED IN THE FIELD), CLASSIFIED, AND \ - SURVEYED WITH SUBFOOTTRIMBLF GPS BY CNS, INC. ON OCTOBER 29, 2015. 400 200 0 400 Feet NOTE: JURISDICTIONAL FEATURES HAVE NOT BEEN VERIFIED BY THE USAGE. SCALF: 1„ 0 400' - - DACP_- 11-3-2015 - - r- A R OSERVICES I A Approximate Jurisdictional Boundary Ma FIGURE NO. 6 WS PROJECT NO: 2015-3637 DRAWN BY: KJM Harrisburg Torun Center Site Harrisburg, North Carolina CWS Project No. 2015-3637 PPLPCANT NO: CHECKED BY; KMT Harrisburg Village Attachments June 12, 2017 CWS Project No. 2015-3637 ATTACHMENT D: Photopage (Photographs 1-10) 7' F r. �'r f �'iA• � ' " �. •,• _ •��? � d4at PC AL. F^? :'a�1 yyu( r� ,� V aR►y f# ,fir yr N'. J. a :A 1. vim- 4' v _ r Harrisburg Village June 12, 2017 Attachment D — Representative Photographs CWS Project No. 2015-3637 to ` Photograph 3. View of Perennial RPW B, facing downstream (May 2015). Ar rr `-. i:'° CL+•L'v {fit `� rt- _ a -� r.'�'r; re„1' �" w'1 er 3 .-r. i X46+ + - i Photograph 4. View of Seasonal RPW B, facing downstream (October 2015). m Harrisburg Village June 12, 2017 Attachment D — Representative Photographs CWS Project No. 2015-3637 3k -.. r `" ��t - - F � ', +K.. .. • _ ,rY tw s-,� �' r - Photograph 5. View of Seasonal RPW C, facing downstream (October 2015). i u n Photograph 6. View of Wetland AA, facing southeast (October 2015). U Harrisburg Village June 12, 2017 Attachment D — Representative Photographs CWS Project No. 2015-3637 1V Harrisburg Village June 12, 2017 Attachment D — Representative Photographs CWS Project No. 2015-3637 ,� t � • s ,��\ h , , � � .-;. a g�.' 1 - A-4 �MT4.,r. � ` � '�� �'`�. *. • moi'! § �-'T-- 'Ic4`+}�.�r -y t�Y"__ �L�� �� _.•e. — .t.M `" ,' .Y `."` .Cre/wS-�\.� -�•��� �.,��� '�'r jam; � i�y� ,� � Photograph 9. View of Wetland DD, facing southwest (October 2015). Photograph 10. View of Wetland EE, facing northeast (October 2015). Harrisburg Village Attachments ATTACHMENT E: SHPO Map June 12, 2017 CWS Project No. 2015-3637 m I Tjt QL,aTy Rd ME�IKILENBURG lk Q', A, e May 25, 2017 NIR Points NR Individual Listing NR Listing, Gone GIA Fe titidsi- cd` tj LW n 4111 vy h c Lit Or SW l-'fn6 I. RfFV R.1 CAA3581 Matthew Ifiank lin Q CABARRUS Teeter House 1,1193 Ah,jqjmCK Rd 91 o f�'T;Aja; Dr I'1 dtl 4.1 ' ra 110 CA059D Wads'w,urth House 4--A-D463 Jackson Linkeff Ferre GA04,92 hal cKinley-Quay KDUSE- 1921 -CA0424 SarnuelWashington Harris House V, RrYB' �aY�lnnatl Jed At 'Irk 6 1:48,215 0 0.4 0.8 1.6 mi 0 0.5 1 2 km Sources: Esn HERE, DeLorme, USGS, Intermap, INCREMENT P, NRCan Esri Japan, MET, Esd China (Hong Kong), Esri Korea, Esri (Thailand), Mapmylndia, NGCC, Q OpenStreetMap contributors, and the GIS User Harrisburg Village Attachments ATTACHMENT F: NCNHP Data Review Report June 12, 2017 CWS Project No. 2015-3637 NorthCarolina Department of Natural and Cultural Resources Natural Heritage Program Governor Roy Cooper Secretary Susi H_ Hamilton May 24, 2017 Aliisa Harjuniemi Carolina Wetland Services 550 E Westinghouse Blvd Charlotte, NC 28273 RE: Harrisburg Village; 2015-3637 Dear Aliisa Harjuniemi: NCNHDE-3577 The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources for the project referenced above. A query of the NCNHP database, based on the project area mapped with your request, indicates that there are no records for rare species, important natural communities, natural areas, or conservation/managed areas within the proposed project boundary. Please note that although there may be no documentation of natural heritage elements within the project boundary, it does not imply or confirm their absence; the area may not have been surveyed. The results of this query should not be substituted for field surveys where suitable habitat exists. In the event that rare species are found within the project area, please contact the NCNHP so that we may update our records. The attached `Potential Occurrences' table summarizes rare species and natural communities that have been documented within a one -mile radius of the property boundary. The proximity of these records suggests that these natural heritage elements may potentially be present in the project area if suitable habitat exists and is included for reference. Tables of natural areas and conservation/managed area within a one -mile radius of the project area, if any, are also included in this report. Please note that natural heritage element data are maintained for the purposes of conservation planning, project review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions. Information provided by the NCNHP database may not be published without prior written notification to the NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NCNHP data may not be redistributed without permission. The NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature Preserve (DNP), Registered Heritage Area (RHA), Clean Water Management Trust Fund (CWMTF) easement, or Federally -listed species are documented near the project area. If you have questions regarding the information provided in this letter or need additional assistance, please contact Rodney A. Butler at rodney.butler o_ncdcr.gov or 919.707.8603. Sincerely, NC Natural Heritage Program MAILING ADDRESS: Telephone: (319)7137-81137 LOCATION. 1651 MaII Service Center a *w.ncnhp.org 121 West Jones Street Raleigh, NC 27699-1651 Raleigh, NC 276133 Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One -mile Radius of the Project Area Harrisburg Village Project No. 2015-3637 May 24, 2017 NCNHDE-3577 Element Occurrences Documented Within a One -mile Radius of the Project Area Taxonomic EO ID Scientific Name Common Name Last Element Group 9 1 Observation Occurrence Date Rank Freshwater 14825 Villosa vaughaniana Carolina Creekshell 1993-04-22 E Bivalve Vascular Plant 2809 Acmispon helleri Carolina Birdfoot-trefoil 1992-08-06 C Vascular Plant 34035 Hexalectris spicata Crested Coralroot 2014-09-10 D No Natural Areas are Documented Within a One -mile Radius of the Project Area Accuracy Federal State Global State Status Status Rank Rank 3 -Medium Species of Endangered Concern 2 -High --- Special Concern Vulnerable 2 -High --- Significantly Rare Peripheral Managed Areas Documented Within a One -mile Radius of the Project Area Managed Area Name Owner Owner Type Catawba Lands Conservancy Preserve Catawba Lands Conservancy Private Cabarrus County Open Space Cabarrus County: multiple local government Local Government G2 S3 G5T3 S3 G5 S2 Definitions and an explanation of status designations and codes can be found at https://ncnhde.natureserve.org/content/help. Data query generated on May 24, 2017; source: NCNHP, Q2 April 2017. Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database. Page 2 of 3 NCNHDE-3577: Harrisburg Village N WL S May 24, 2017 ❑ Project Boundary ❑ Buffered Project Boundary LI Managed Area (MAREA) Page 3 of 3 tr)t,trr Mull 1:24„756 0 0.2 4.4 0.8 mi 0 0.325 0.65 1.3 km Sources: Ssri, HERE, OeLomie, Int.—p,incremeM P Cary., GP SCO, USGS, FAO, NPS, NRCAN, Geot3ase, IGN, Kadaster NL,, Ordnance Survey, Ewi Japan, METI, Esri China (Hong Kong), swl tvpv, Mapmylndia, @ OpenStreelMap contributors, and the GIS user Community Harrisburg Village Attachments ATTACHMENT G: June 12, 2017 CWS Project No. 2015-3637 Construction Plan Sheets: Proposed Impacts S1, S2, and W1 -W3 1. The proposed roadway is placed as close to the property line as possible to avoid the impacts to the stream channel to the maximum extent practicaple. 2. Individual lots and structures were terminated at the cul-de-sac of Maplewood Avenue to avoid stream and buffer impacts. 3) The extents of grading will be outside of the FEMA floodplain. 10' WIDE PAVED INTERNAL PEDESTRIAN TRAIL SYSTEM (TYP.) 'PHASE 4 .:. PHASE 3 �r��►ti��1r°i�►'.�Y' .�. �` .►fir `� 0 1) CONTRACTOR IS FULLY RESPONSIBLE FOR CONTACTING APPROPRIATE PARTIES AND ASSURING THAT EXISTING UTILITIES ARE LOCATED PRIOR TO BEGINNING CONSTRUCTION. 2) CONTRACTOR IS RESPONSIBLE FOR PLACING BARRICADES USING FLAG MEN, ETC., AS NECESSARY TO INSURE SAFETY. 3) ALL PAVEMENT CUTS, CONCRETE OR ASPHALT, ARE TO BE REPLACED ACCORDING TO STANDARDS OF THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION AND LOCAL MUNICIPALITIES. 4) SHORING WILL BE ACCORDING TO OSHA TRENCHING STANDARDS PART 1926 SUBPART P, OR AS AMENDED. INN DISTURBED WETLAND UNDISTURBED WETLAND PROPOSED GRADING LIMITS DISTURBED STREAMLINE UNDISTURBED STREAMLINE GRAPHIC SCALE 0 125 250' 500 ( IN FEET ) HORIZONTAL 1 inch = 250 ft. m a o LL o LU W LU o o 0 = Z H QLU m 0 d Q U K Z J 0 U 0 z 0 Of co Of Q Z O LI., � J Cl) z CO O E U (Y Q Q LUU 2 TEMPORARY IMPACT FOR SEWER CROSSING. 30 LINEAR FEET ACROSS EASEMENT WITH APPROXIMATELY 46 CUBIC FEET OF CUT AND BACKFILL TO EXISTING GRADE. �II I J DISTURBED WETLAND UNDISTURBED WETLAND PROPOSED GRADING LIMITS DISTURBED STREAMLINE UNDISTURBED STREAMLINE �t>.uisati4� a Inrr�rr�rU tits,<�t\A CAP,p '�=ff [CAii 17582 rrfrry�trr r . gRti� �E'`�,s I I 1) CONTRACTOR IS FULLY RESPONSIBLE FOR CONTACTING APPROPRIATE PARTIES AND ASSURING THAT EXISTING UTILITIES ARE LOCATED PRIOR TO BEGINNING CONSTRUCTION. 2) CONTRACTOR IS RESPONSIBLE FOR PLACING BARRICADES USING FLAG MEN, ETC., AS NECESSARY TO INSURE SAFETY. 3) ALL PAVEMENT CUTS, CONCRETE OR ASPHALT, ARE TO BE REPLACED ACCORDING TO STANDARDS OF THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION AND LOCAL MUNICIPALITIES. 4) SHORING WILL BE ACCORDING TO OSHA TRENCHING STANDARDS PART 1926 SUBPART P. OR AS AMENDED. C-2.1 S 1 - Stream B Impact Length: 341f 35' UNDISTURBED Impact Type: Fill for road BUFFER (TYP) Permanent: Yes O ,z r/ C-2.3 L I PROFESSIONAL BLVD (60' PUBLIC R/W) W3- Wetland DD Impact Area: 0.04 ac. Impact Type: Fill for lots and road Permanent: Yes GRAPHIC SCALE 0 125' 250' 500' ( IN FEET ) HORIZONTAL 1 inch = 250 ft. 10' (PAVED L BMP CARL PARMER DRIVE S2 - Stream B T Impact Length: 301f CEN ERLI E Impact Type: Sewerline 5' TOTAL crossing via open trench UFFER (TYP) C-2.2 Permanent: No (Disturbed stream banks will be restored to C3 pre -construction contours) Ir BMP 1 / BMP 3rYA C-2.4 C-2.5 W 1 - Wetland CC Impact Area: 0.05 ac. Impact Type: Fill for lots and road. Minimal disturbance for soft path Permanent: Yes ALL R/W TO BE 50' PUBLIC R/W UNLESS NOTED OTHERWISE. PR PC 0 ED 30' GREENWAY EASEMENT (TYP) TIES TO -EXISTING MANHOLE OFFSITE 100 -YR FLOODPLAIN (TYP) W2 - Wetland EE Impact Area: 0.06 ac. Impact Type: Fill for lots and road. Minimal disturbance for soft path Permanent: Yes FOOT qRIDGE BY OT ERS LU LL Lu LU Lu o o = M N Z U z Z LU Lij� Q U K EL 0 U) 0 Z 0 U OfH 0 z CD m 'I w LU J (D Cj) m J LU O U) 2 0 0 O O COH LU 0 0 rr C-2.0LUOf coW o LU LL LU o 0 = ca Z U o ¢LU Z m ¢�¢ � Q U K LL n O Q Z J Q U 0 O Z 0 Of co 07 Of Q 2 W J <J \� > J cD n ry EDW ED CO Q C/) 0 0 w C-2.1 a LU d I TEMPORARY IMPACT FOR SEWER CROSSING. 30 LINEAR FEET ACROSS EASEMENT WITH APPROXIMATELY 46 CUBIC FEET OF CUT AND BACKFILL TO EXISTING GRADE. S2 - Stream B Impact Length: 301f Impact Type: Sewerline crossing via open trench Permanent: No (Disturbed stream banks will be restored to original pre -construction contours, stabilized with biodegradable coir fiber matting or other coconut fiber matting, and seeded with a native riparian seed mix.) 60 SQ FT (0.00 AC) OF STREAM / F TBRIDGE LOCATED INSIDE \ (BY OTHERS) PROPOSED SEWER \ (�Jp I 'act ) EASEMENT. / N J U� W IL Cn DISTURBED W_/ / WETLAND FOR U) SOFT PATH; 31 SQ w FT (0.00 AC) _ 4.1111! U / _ / 72 73 7 DISTURBED / 70 71 WETLAND FOR ` 69 SOFT PATH; 33 SQ FT (0.00 AC) / 68 66 67 64 65 UNDISTURBED WETLAND (TYP) — / 63 \ DISTURBED WETLAND (0.05 AC) DISTURBED WETLAND (0.06 AC) `�4�itt11111111IIlIlId1111�j �\A CAP L J�1582 AA/�1rGsjlGtfi•1i�~� B Ilii' !!!B1' 11110 6 z r 7 DISTURBED WETLAND UNDISTURBED WETLAND PROPOSED GRADING LIMITS DISTURBED STREAMLINE UNDISTURBED STREAMLINE 10 I25 27 E 4 • \ y L m � o I I I I 3 I I 7�\/ MATCHLINE: SEE SHEET C-2.4 / 100 -YR \ FLOODPLAIN \(TYP) IFIL m a o U_ 0 Uj o m °° o 0 = 0 z w w Cr o Uig o a Z 0 O 0 U X 0 Z c� M M co rr Elfa x q m w U Q 11 IF 71 I I W GRAPHIC SCALE mi 0 1) CONTRACTOR IS FULLY RESPONSIBLE FOR CONTACTING = APPROPRIATE PARTIES AND ASSURING THAT EXISTING UTILITIES ARE 0 50' 100' 200' O LOCATED PRIOR TO BEGINNING CONSTRUCTION. O 2) CONTRACTOR IS RESPONSIBLE FOR PLACING BARRICADES USING FLAG MEN, ETC., AS NECESSARY TO INSURE SAFETY. w ( IN FEET ) 3) ALL PAVEMENT CUTS, CONCRETE OR ASPHALT, ARE TO BE 0 LL REPLACED ACCORDING TO STANDARDS OF THE NORTH CAROLINA p DEPARTMENT OF TRANSPORTATION AND LOCAL MUNICIPALITIES. HORIZONTAL I inch = IOO ft. 4) SHORING WILL BE ACCORDING TO OSHA TRENCHING STANDARDS C -Z■ 2 PART 1926 SUBPART P, OR AS AMENDED. a E 40. MATCHLINE: SEE SHEET C-2.1 o o U o�� \ 53 54 56 57 \ / DISTURBED / 258 J WETLAND (0.04 AC) / 257 256 208 210 � 207 �255 09 183 211 212 I 184 186 p CLQ �[ , o w p 2 C. j ; 206 .33OAC. , OS p } /— i 253 .31 AC. 18 Y 239 240 m �' — 205 213 182 z z v, "' a m 242 244 246 248 204 214 N Uo Z 251 203 181 I 191 U o a a A- 241 243 245 247 250 202 I ( 216 215 180 I LU a o Uig o V 237 249 201 179 193 U) z 217 178 LU o U I 236 — — a ILL 0 235 z I J K = O I I 234 / — Q z 233 231 229 227 225 221219 232 230 228 226 224 OS 200 198 197 195 a ` 222 220 218 0. C. 199 196 177 175 174 = Lu J Q > J IIoIII 1= - - - a. � W m Q � C-2.1 C-2.2 �4�1't1;141111111I1fdrr���� / '� , y �\, CARP C-2.3 t GRA]PHIC SCALE o1) CONTRACTOR IS FULLY RESPONSIBLE FOR CONTA T C INGCDISTURBED WETLAND '�i^uP APPROPRIATE PARTIES AND ASSURING THAT EXISTING UTILITIES ARE �'� I' 0 50' 100' 200 p LOCATED PRIOR TO BEGINNING CONSTRUCTION. 0 �17582 = UNDISTURBED WETLAND �`,• • -� PROPOSED GRADING LIMITS C-2.5 �.; j/ 2) CONTRACTOR IS RESPONSIBLE FOR PLACING BARRICADES USING CO ' FLAG MEN, ETC., AS NECESSARY TO INSURE SAFETY. w • ��.' ` DISTURBED STREAMLINE J. '•t A`GIN �`.�` ( IN FEET � 3) ALL PAVEMENT CUTS, CONCRETE OR ASPHALT, ARE TO BE O r''•,..v pr�,,`L �l REPLACED ACCORDING TO STANDARDS OF THE NORTH CAROLINA p L7f� �� UNDISTURBED STREAMLINE DEPARTMENT OF TRANSPORTATION AND LOCAL MUNICIPALITIES. w �l trrr �ti1s HORIZONTAL I inch = 100 ft. //�� 2.3 /� a ++ 4) SHORING WILL BE ACCORDING TO OSHA TRENCHING STANDARDS ■ � / ■ � a Z ( PART 1926 SUBPART P, OR AS AMENDED. v DISTURBED WETLAND (0.05 AC) DISTURBED WETLAND (0.06 AC) A.Y�i756z B��� S''tS11j1j11 f 'is low MATCHLINE: SEE SHEET C-2.2 DISTURBED WETLAND UNDISTURBED WETLAND PROPOSED GRADING LIMITS DISTURBED STREAMLINE UNDISTURBED STREAMLINE UNDISTURBED WETLAND FOOT BRIDGE BY OTHERS ( W I rrpact ) GRAPHIC SCALE 0 50' 100' 200' ( IN FEET ) HORIZONTAL I inch = 100 ft. U) Lu O 1) CONTRACTOR IS FULLY RESPONSIBLE FOR CONTACTING = APPROPRIATE PARTIES AND ASSURING THAT EXISTING UTILITIES ARE LOCATED PRIOR TO BEGINNING CONSTRUCTION. O 2) CONTRACTOR IS RESPONSIBLE FOR PLACING BARRICADES USING � FLAG MEN, ETC., AS NECESSARY TO INSURE SAFETY. w ic-.2.4=1 3) ALL PAVEMENT CUTS, CONCRETE OR ASPHALT, ARE TO BE O w REPLACED ACCORDING TO STANDARDS OF THE NORTH CAROLINA p DEPARTMENT OF TRANSPORTATION AND LOCAL MUNICIPALITIES. w 4) SHORING WILL BE ACCORDING TO OSHA TRENCHING STANDARDS w PART 1926 SUBPART P, OR AS AMENDED. a �NGKa.. 612-11-7 DISTURBED WETLAND UNDISTURBED WETLAND PROPOSED GRADING LIMITS DISTURBED STREAMLINE UNDISTURBED STREAMLINE W�CHeSEE SHEET CC/ 2 4 1 ���� FOOT BRIDGE BY OTHERS (No I rrp B C UNDISTURBED WETLAND 100 -YR FLOODPLAIN (TYP) I . Lu u- p � p m OWO r H Y O O = � N z U Z M Q m O Z W W J a o U)i o I � I p\ @� U) GRAPHIC SCALELu 0 1) CONTRACTOR IS FULLY RESPONSIBLE FOR CONTACTING = APPROPRIATE PARTIES AND ASSURING THAT EXISTING UTILITIES ARE 0 50' 100' 200' LOCATED PRIOR TO BEGINNING CONSTRUCTION. O 2) CONTRACTOR IS RESPONSIBLE FOR PLACING BARRICADES USING � FLAG MEN, ETC., AS NECESSARY TO INSURE SAFETY. w d IN F'EE'T � 3) ALL PAVEMENT CUTS, CONCRETE OR ASPHALT, ARE TO BE 0 W REPLACED ACCORDING TO STANDARDS OF THE NORTH CAROLINA p DEPARTMENT OF TRANSPORTATION AND LOCAL MUNICIPALITIES. W HORIZONTAL 1 inch = 100 ft. C a 4) SHORING WILL BE ACCORDING TO OSHA TRENCHING STANDARDSC-2.5 J W PART 1926 SUBPART P, OR AS AMENDED. • a Harrisburg Village Attachments ATTACHMENT H: DMS Acceptance Letter June 12, 2017 CWS Project No. 2015-3637 Mitigation Services ENVIRONMENTAL QUALITY June 8, 2017 Pat Quinn Eastwood Homes 2857 Westport Road Charlotte, NC 28208 Project: Harrisburg Village ROY COOPER MICHAEL S. REGAN Expiration of Acceptance: December 8, 2017 County: Cabarrus The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to accept payment for compensatory mitigation for impacts associated with the above referenced project as indicated in the table below. Please note that this decision does not assure that participation in the DMS in -lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will be approved. You must also comply with all other state, federal or local government permits, regulations or authorizations associated with the proposed activity including G.S. § 143-214.11. This acceptance is valid for six months from the date of this letter and is not transferable. If we have not received a copy of the issued 404 Permit/401 CertificationiCAMA permit within this time frame, this acceptance will expire. It is the applicant's responsibility to send copies of the permits to DMS. Once DMS receives a copy of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the in -lieu fee to be paid by an applicant is calculated based upon the Fee Schedule and policies listed 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 CU Location (8 -digit HUC) Stream (feet) Wetlands (acres) Buffer I (Sq. Ft.) Buffer II (Sq. Ft.) Cold Cool Warm Riparian Non -Riparian Coastal Marsh Impact Yadkin 03040105 0 1 0 0 0.15 1 0 1 0 0 0 Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The mitigation will be performed in accordance with the In -Lieu Fee Program instrument dated July 28, 2010 and 15A NCAC 02B .0295 as applicable. Thank you for your interest in the DMS in -lieu fee mitigation program. If you have any questions or need additional information, please contact Kelly Williams at (919) 707-8915. cc: Gregg Antemann, agent Sincerely, Ja s. Stanfill Asse anagement Supervisor State of North Carolina Environmental Quality I Mitigation Services 1652 Mail Service Center I Raleigh, NC 27699-1652 l 217 W. Jones Street, Suite 3000 919 707 8976 T Harrisburg Village Attachments ATTACHMENT I: NC WAM Form June 12, 2017 CWS Project No. 2015-3637 NC WAM FIELD ASSESSMENT RESULTS Evidence of stressors affecting the assessment area (may not be within the assessment area) Please circle and/or make note on the last page if evidence of stressors is apparent. Consider departure from reference, if appropriate, in recent past (for instance, within 10 years). Noteworthy stressors include, but are not limited to the following. • Hydrological modifications (examples: ditches, dams, beaver dams, dikes, berms, ponds, etc.) • Surface and sub -surface discharges into the wetland (examples: discharges containing obvious pollutants, presence of nearby septic tanks, underground storage tanks (USTs), hog lagoons, etc.) • Signs of vegetation stress (examples: vegetation mortality, insect damage, disease, storm damage, salt intrusion, etc.) • Habitat/plant community alteration (examples: mowing, clear -cutting, exotics, etc.) Is the assessment area intensively managed? ❑ Yes ® No Regulatory Considerations - Were regulatory considerations evaluated? ®Yes ❑No If Yes, check all that apply to the assessment area. ❑ Anadromous fish ❑ Federally protected species or State endangered or threatened species ❑ NCDWR riparian buffer rule in effect ❑ Abuts a Primary Nursery Area (PNA) ❑ Publicly owned property ❑ N.C. Division of Coastal Management Area of Environmental Concern (AEC) (including buffer) ❑ Abuts a stream with a NCDWQ classification of SA or supplemental classifications of HQW, ORW, or Trout ❑ Designated NCNHP reference community ® Abuts a 303(d) -listed stream or a tributary to a 303(d) -listed stream What type of natural stream is associated with the wetland, if any? (check all that apply) ❑ Blackwater ® Brownwater ❑ Tidal (if tidal, check one of the following boxes) ❑ Lunar ❑ Wind ❑ Both Is the assessment area on a coastal island? ❑ Yes ® No Is the assessment area's surface water storage capacity or duration substantially altered by beaver? ❑ Yes ® No Does the assessment area experience overbank flooding during normal rainfall conditions? ❑ Yes ® No 1. Ground Surface Condition/Vegetation Condition — assessment area condition metric Check a box in each column. Consider alteration to the ground surface (GS) in the assessment area and vegetation structure (VS) in the assessment area. Compare to reference wetland if applicable (see User Manual). If a reference is not applicable, then rate the assessment area based on evidence an effect. GS VS ®A ®A Not severely altered ❑B ❑B Severely altered over a majority of the assessment area (ground surface alteration examples: vehicle tracks, excessive sedimentation, fire -plow lanes, skidder tracks, bedding, fill, soil compaction, obvious pollutants) (vegetation structure alteration examples: mechanical disturbance, herbicides, salt intrusion [where appropriate], exotic species, grazing, less diversity [if appropriate], hydrologic alteration) 2. Surface and Sub -Surface Storage Capacity and Duration — assessment area condition metric Check a box in each column. Consider surface storage capacity and duration (Surf) and sub -surface storage capacity and duration (Sub). Consider both increase and decrease in hydrology. A ditch <_ 1 foot deep is considered to affect surface water only, while a ditch > 1 foot deep is expected to affect both surface and sub -surface water. Consider tidal flooding regime, if applicable. Surf Sub ®A ®A Water storage capacity and duration are not altered. ❑B ❑B Water storage capacity or duration are altered, but not substantially (typically, not sufficient to change vegetation). ❑C ❑C Water storage capacity or duration are substantially altered (typically, alteration sufficient to result in vegetation change) (examples: draining, flooding, soil compaction, filling, excessive sedimentation, underground utility lines). 3. Water Storage/Surface Relief — assessment area/wetland type condition metric (skip for all marshes) Check a box in each column. Select the appropriate storage for the assessment area (AA) and the wetland type (WT). AA WT 3a. ❑A ❑A Majority of wetland with depressions able to pond water > 1 deep ®B ®B Majority of wetland with depressions able to pond water 6 inches to 1 foot deep ❑C ❑C Majority of wetland with depressions able to pond water 3 to 6 inches deep ❑D ❑D Depressions able to pond water < 3 inches deep 3b. ❑A Evidence that maximum depth of inundation is greater than 2 feet ❑B Evidence that maximum depth of inundation is between 1 and 2 feet ❑C Evidence that maximum depth of inundation is less than 1 foot Accompanies user rvianuai version om USACE AID # NCDWR# Project Name Harrisburg Village Date of Evaluation 5.25.17 Applicant/Owner Name Eastwood homes Wetland Site Name NC WAM 1 Wetland Type Headwater Forest Assessor Name/Organization CWS Level III Ecoregion Piedmont Nearest Named Water Body Rocky River River Basin Yadkin-PeeDee USGS 8 -Digit Catalogue Unit 03040105 County Cabarrus NCDWR Region Asheville ® Yes ❑ No Precipitation within 48 hrs? Latitude/Longitude (deci-deqrees) 35.329835, -80.645034 Evidence of stressors affecting the assessment area (may not be within the assessment area) Please circle and/or make note on the last page if evidence of stressors is apparent. Consider departure from reference, if appropriate, in recent past (for instance, within 10 years). Noteworthy stressors include, but are not limited to the following. • Hydrological modifications (examples: ditches, dams, beaver dams, dikes, berms, ponds, etc.) • Surface and sub -surface discharges into the wetland (examples: discharges containing obvious pollutants, presence of nearby septic tanks, underground storage tanks (USTs), hog lagoons, etc.) • Signs of vegetation stress (examples: vegetation mortality, insect damage, disease, storm damage, salt intrusion, etc.) • Habitat/plant community alteration (examples: mowing, clear -cutting, exotics, etc.) Is the assessment area intensively managed? ❑ Yes ® No Regulatory Considerations - Were regulatory considerations evaluated? ®Yes ❑No If Yes, check all that apply to the assessment area. ❑ Anadromous fish ❑ Federally protected species or State endangered or threatened species ❑ NCDWR riparian buffer rule in effect ❑ Abuts a Primary Nursery Area (PNA) ❑ Publicly owned property ❑ N.C. Division of Coastal Management Area of Environmental Concern (AEC) (including buffer) ❑ Abuts a stream with a NCDWQ classification of SA or supplemental classifications of HQW, ORW, or Trout ❑ Designated NCNHP reference community ® Abuts a 303(d) -listed stream or a tributary to a 303(d) -listed stream What type of natural stream is associated with the wetland, if any? (check all that apply) ❑ Blackwater ® Brownwater ❑ Tidal (if tidal, check one of the following boxes) ❑ Lunar ❑ Wind ❑ Both Is the assessment area on a coastal island? ❑ Yes ® No Is the assessment area's surface water storage capacity or duration substantially altered by beaver? ❑ Yes ® No Does the assessment area experience overbank flooding during normal rainfall conditions? ❑ Yes ® No 1. Ground Surface Condition/Vegetation Condition — assessment area condition metric Check a box in each column. Consider alteration to the ground surface (GS) in the assessment area and vegetation structure (VS) in the assessment area. Compare to reference wetland if applicable (see User Manual). If a reference is not applicable, then rate the assessment area based on evidence an effect. GS VS ®A ®A Not severely altered ❑B ❑B Severely altered over a majority of the assessment area (ground surface alteration examples: vehicle tracks, excessive sedimentation, fire -plow lanes, skidder tracks, bedding, fill, soil compaction, obvious pollutants) (vegetation structure alteration examples: mechanical disturbance, herbicides, salt intrusion [where appropriate], exotic species, grazing, less diversity [if appropriate], hydrologic alteration) 2. Surface and Sub -Surface Storage Capacity and Duration — assessment area condition metric Check a box in each column. Consider surface storage capacity and duration (Surf) and sub -surface storage capacity and duration (Sub). Consider both increase and decrease in hydrology. A ditch <_ 1 foot deep is considered to affect surface water only, while a ditch > 1 foot deep is expected to affect both surface and sub -surface water. Consider tidal flooding regime, if applicable. Surf Sub ®A ®A Water storage capacity and duration are not altered. ❑B ❑B Water storage capacity or duration are altered, but not substantially (typically, not sufficient to change vegetation). ❑C ❑C Water storage capacity or duration are substantially altered (typically, alteration sufficient to result in vegetation change) (examples: draining, flooding, soil compaction, filling, excessive sedimentation, underground utility lines). 3. Water Storage/Surface Relief — assessment area/wetland type condition metric (skip for all marshes) Check a box in each column. Select the appropriate storage for the assessment area (AA) and the wetland type (WT). AA WT 3a. ❑A ❑A Majority of wetland with depressions able to pond water > 1 deep ®B ®B Majority of wetland with depressions able to pond water 6 inches to 1 foot deep ❑C ❑C Majority of wetland with depressions able to pond water 3 to 6 inches deep ❑D ❑D Depressions able to pond water < 3 inches deep 3b. ❑A Evidence that maximum depth of inundation is greater than 2 feet ❑B Evidence that maximum depth of inundation is between 1 and 2 feet ❑C Evidence that maximum depth of inundation is less than 1 foot 4. Soil Texture/Structure — assessment area condition metric (skip for all marshes) Check a box from each of the three soil property groups below. Dig soil profile in the dominant assessment area landscape feature. Make soil observations within the top 12 inches. Use most recent National Technical Committee for Hydric Soils guidance for regional indicators. 4a. ❑A Sandy soil ®B Loamy or clayey soils exhibiting redoximorphic features (concentrations, depletions, or rhizospheres) ❑C Loamy or clayey soils not exhibiting redoximorphic features ❑D Loamy or clayey gleyed soil ❑E Histosol or histic epipedon 4b. ®A Soil ribbon < 1 inch ❑B Soil ribbon >_ 1 inch 4c. ®A No peat or muck presence ❑B A peat or muck presence 5. Discharge into Wetland — opportunity metric Check a box in each column. Consider surface pollutants or discharges (Surf) and sub -surface pollutants or discharges (Sub). Examples of sub -surface discharges include presence of nearby septic tank, underground storage tank (UST), etc. Surf Sub ®A ®A Little or no evidence of pollutants or discharges entering the assessment area ❑B ❑B Noticeable evidence of pollutants or discharges entering the wetland and stressing, but not overwhelming the treatment capacity of the assessment area ❑C ❑C Noticeable evidence of pollutants or discharges (pathogen, particulate, or soluble) entering the assessment area and potentially overwhelming the treatment capacity of the wetland (water discoloration, dead vegetation, excessive sedimentation, odor) 6. Land Use — opportunity metric (skip for non -riparian wetlands) Check all that apply (at least one box in each column). Evaluation involves a GIS effort with field adjustment. Consider sources draining to assessment area within entire upstream watershed (WS), within 5 miles and within the watershed draining to the assessment area (5M), and within 2 miles and within the watershed draining to the assessment area (2M). WS 5M 2M ®A ®A ®A > 10% impervious surfaces ❑B ❑B R Confined animal operations (or other local, concentrated source of pollutants ❑C ❑C ❑C >_ 20% coverage of pasture ❑D ❑D ❑D >_ 20% coverage of agricultural land (regularly plowed land) ®E ®E ®E >_ 20% coverage of maintained grass/herb ❑F ❑F ❑F >_ 20% coverage of clear-cut land ❑G ❑G ❑G Little or no opportunity to improve water quality. Lack of opportunity may result from little or no disturbance in the watershed or hydrologic alterations that prevent drainage and/or overbank flow from affecting the assessment area. 7. Wetland Acting as Vegetated Buffer— assessment area/wetland complex condition metric (skip for non -riparian wetlands) 7a. Is assessment area within 50 feet of a tributary or other open water? ®Yes ❑No If Yes, continue to 7b. If No, skip to Metric 8. Wetland buffer need only be present on one side of the water body. Make buffer judgment based on the average width of wetland. Record a note if a portion of the buffer has been removed or disturbed. 7b. How much of the first 50 feet from the bank is wetland? (Wetland buffer need only be present on one side of the .water body. Make buffer judgment based on the average width of wetland. Record a note if a portion of the buffer has been removed or disturbed.) ®A >_ 50 feet ❑B From 30 to < 50 feet ❑C From 15 to < 30 feet ❑D From 5 to < 15 feet ❑E < 5 feet or buffer bypassed by ditches 7c. Tributary width. If the tributary is anastomosed, combine widths of channels/braids for a total width. ®s 15 -feet wide ❑> 15 -feet wide ❑ Other open water (no tributary present) 7d. Do roots of assessment area vegetation extend into the bank of the tributary/open water? ®Yes ❑No 7e. Is stream or other open water sheltered or exposed? ®Sheltered — adjacent open water with width < 2500 feet and no regular boat traffic. El Exposed — adjacent open water with width >_ 2500 feet or regular boat traffic. 8. Wetland Width at the Assessment Area — wetland type/wetland complex condition metric (evaluate WT for all marshes and Estuarine Woody Wetland only; evaluate WC for Bottomland Hardwood Forest, Headwater Forest, and Riverine Swamp Forest only) Check a box in each column for riverine wetlands only. Select the average width for the wetland type at the assessment area (WT) and the wetland complex at the assessment area (WC). See User Manual for WT and WC boundaries. WT WC ❑A ❑A >_ 100 feet ❑B ❑B From 80 to < 100 feet ❑C ❑C From 50 to < 80 feet ❑D ❑D From 40 to < 50 feet ❑E ❑E From 30 to < 40 feet ❑F ❑F From 15 to < 30 feet ❑G ❑G From 5 to < 15 feet ®H ®H < 5 feet 9. Inundation Duration - assessment area condition metric (skip for non -riparian wetlands) Answer for assessment area dominant landform. ®A Evidence of short -duration inundation (< 7 consecutive days) ❑B Evidence of saturation, without evidence of inundation ❑C Evidence of long -duration inundation or very long -duration inundation (7 to 30 consecutive days or more) 10. Indicators of Deposition - assessment area condition metric (skip for non -riparian wetlands and all marshes) Consider recent deposition only (no plant growth since deposition). ®A Sediment deposition is not excessive, but at approximately natural levels. ❑B Sediment deposition is excessive, but not overwhelming the wetland. ❑C Sediment deposition is excessive and is overwhelming the wetland. 11. Wetland Size -wetland type/wetland complex condition metric Check a box in each column. Involves a GIS effort with field adjustment. This metric evaluates three aspects of the wetland area: the size of the wetland type (WT), the size of the wetland complex (WC), and the size of the forested wetland (FW) (if applicable, see User Manual). See the User Manual for boundaries of these evaluation areas. If assessment area is clear-cut, select "K" for the FW column. WT WC FW (if applicable) ❑A ❑A ❑A >: 500 acres ❑B ❑B ❑B From 100 to < 500 acres ❑C ❑C ❑C From 50 to < 100 acres ❑D ❑D ❑D From 25 to < 50 acres ❑E ❑E ❑E From 10 to < 25 acres ❑F ❑F ❑F From 5 to < 10 acres ❑G ❑G ❑G From 1 to < 5 acres ❑H ❑H ❑H From 0.5 to < 1 acre ❑I ❑I ❑1 From 0.1 to < 0.5 acre ®J ®J ®J From 0.01 to < 0.1 acre ❑K ❑K R < 0.01 acre or assessment area is clear-cut 12. Wetland Intactness - wetland type condition metric (evaluate for Pocosins only) ❑A Pocosin is the full extent (>- 90%) of its natural landscape size. ❑B Pocosin type is < 90% of the full extent of its natural landscape size. 13. Connectivity to Other Natural Areas - landscape condition metric 13a. Check appropriate box(es) (a box may be checked in each column). Involves a GIS effort with field adjustment. This metric evaluates whether the wetland is well connected (Well) and/or loosely connected (Loosely) to the landscape patch, the contiguous naturally vegetated area and open water (if appropriate). Boundaries are formed by four -lane roads, regularly maintained utility line corridors the width of a four -lane road or wider, urban landscapes, maintained fields (pasture and agriculture), or open water > 300 feet wide. Well Loosely ❑A ❑A >- 500 acres ®B ❑B From 100 to < 500 acres ❑C ❑C From 50 to < 100 acres ❑D 7 From 10 to < 50 acres ❑E ❑E < 10 acres ❑F ❑F Wetland type has a poor or no connection to other natural habitats 13b. Evaluate for marshes only. ❑Yes ❑No Wetland type has a surface hydrology connection to open waters/stream or tidal wetlands. 14. Edge Effect - wetland type condition metric (skip for all marshes and Estuarine Woody Wetland) May involve a GIS effort with field adjustment. Estimate distance from wetland type boundary to artificial edges. Artificial edges include non -forested areas >- 40 feet wide such as fields, development, roads, regularly maintained utility line corridors, and clear -cuts. Consider the eight main points of the compass. Artificial edge occurs within 150 feet in how many directions? If the assessment area is clear cut, select option "C." ❑A 0 ®B 1 to 4 ❑C 5to8 15. Vegetative Composition - assessment area condition metric (skip for all marshes and Pine Flat) ❑A Vegetation is close to reference condition in species present and their proportions. Lower strata composed of appropriate species, with exotic plants absent or sparse within the assessment area. ®B Vegetation is different from reference condition in species diversity or proportions, but still largely composed of native species characteristic of the wetland type. This may include communities of weedy native species that develop after clearcutting or clearing. It also includes communities with exotics present, but not dominant, over a large portion of the expected strata. ❑C Vegetation severely altered from reference in composition, or expected species are unnaturally absent (planted stands of non - characteristic species or at least one stratum inappropriately composed of a single species), or exotic species are dominant in at least one stratum. 16. Vegetative Diversity - assessment area condition metric (evaluate for Non -tidal Freshwater Marsh only) ®A Vegetation diversity is high and is composed primarily of native species (< 10% cover of exotics). ❑B Vegetation diversity is low or has > 10% to 50% cover of exotics. ❑C Vegetation is dominated by exotic species (> 50 % cover of exotics). 17. Vegetative Structure — assessment area/wetland type condition metric 17a. Is vegetation present? ®Yes ❑No If Yes, continue to 17b. If No, skip to Metric 18. 17b. Evaluate percent coverage of assessment area vegetation for all marshes only. Skip to 17c for non -marsh wetlands. ❑A >_ 25% coverage of vegetation ❑B < 25% coverage of vegetation 17c. Check a box in each column for each stratum. Evaluate this portion of the metric for non -marsh wetlands. Consider structure in airspace above the assessment area (AA) and the wetland type (WT) separately. TAA WT o ®A ®A Canopy closed, or nearly closed, with natural gaps associated with natural processes m ❑B ❑B Canopy present, but opened more than natural gaps U ❑C ❑C Canopy sparse or absent S g ❑A ❑A Dense mid-story/sapling layer ❑B ❑B Moderate density mid-story/sapling layer ®C ®C Mid-story/sapling layer sparse or absent ❑A ❑A Dense shrub layer _�E ❑B ❑B Moderate density shrub layer U) ®C ®C Shrub layer sparse or absent -0 ❑A ❑A Dense herb layer _ ❑B ❑B Moderate density herb layer ®C ®C Herb layer sparse or absent 18. Snags — wetland type condition metric (skip for all marshes) ❑A Large snags (more than one) are visible (> 12 inches DBH, or large relative to species present and landscape stability). ®B Not A 19. Diameter Class Distribution — wetland type condition metric (skip for all marshes) ❑A Majority of canopy trees have stems > 6 inches in diameter at breast height (DBH); many large trees (> 12 inches DBH) are present. ®B Majority of canopy trees have stems between 6 and 12 inches DBH, few are > 12 inch DBH. ❑C Majority of canopy trees are < 6 inches DBH or no trees. 20. Large Woody Debris — wetland type condition metric (skip for all marshes) Include both natural debris and man -placed natural debris. ❑A Large logs (more than one) are visible (> 12 inches in diameter, or large relative to species present and landscape stability). ®B Not A 21. Vegetation/Open Water Dispersion — wetland type/open water condition metric (evaluate for Non -Tidal Freshwater Marsh only) Select the figure that best describes the amount of interspersion between vegetation and open water in the growing season. Patterned areas indicate vegetated areas, while solid white areas indicate open water. ❑A ❑B ❑C ❑D (7, - f "1y 22. Hydrologic Connectivity — assessment area condition metric (evaluate for riparian wetlands and Salt/Brackish Marsh only) Examples of activities that may severely alter hydrologic connectivity include intensive ditching, fill, sedimentation, channelization, diversion, man-made berms, beaver dams, and stream incision. Documentation required if evaluated as B, C, or D. ❑A Overbank and overland flow are not severely altered in the assessment area. ❑B Overbank flow is severely altered in the assessment area. ®C Overland flow is severely altered in the assessment area. ❑D Both overbank and overland flow are severely altered in the assessment area. Notes Directly abutting tributary flowing to Rocky River that is 303(d) listed stream. Evidence that the area has been burned in the past (black marks in the trees). Overland flow altered by the development at the higher gradient with significanly high percentage of impervious surface. NC WAM Wetland Rating Sheet Accompanies User Manual Version 5.0 Wetland Site Name NC WAM 1 Date of Assessment 5.25.17 Condition Wetland Type Headwater Forest Assessor Name/Organization CWS Hydrology Notes on Field Assessment Form (Y/N) YES Presence of regulatory considerations (Y/N) YES Wetland is intensively managed (Y/N) NO Assessment area is located within 50 feet of a natural tributary or other open water (Y/N) YES Assessment area is substantially altered by beaver (Y/N) NO Assessment area experiences overbank flooding during normal rainfall conditions (Y/N) NO Assessment area is on a coastal island (Y/N) NO Sub -function Rating Summary Condition Function Sub -function Metrics Rating Hydrology Surface Storage and Retention Condition MEDIUM Sub -surface Storage and Opportunity Presence (Y/N) Retention Condition HIGH Water Quality Pathogen Change Condition MEDIUM Hydrology Condition/Opportunity MEDIUM Water Quality Opportunity Presence (Y/N) NO Particulate Change Condition MEDIUM Condition/Opportunity NA Habitat Opportunity Presence (Y/N) NA Soluble Change Condition LOW Condition/Opportunity LOW Opportunity Presence (Y/N) NO Physical Change Condition MEDIUM Condition/Opportunity MEDIUM Opportunity Presence (Y/N) NO Pollution Change Condition NA Condition/Opportunity NA Opportunity Presence (Y/N) NA Habitat Physical Structure Condition MEDIUM Landscape Patch Structure Condition LOW Vegetation Composition Condition MEDIUM Function Ratina Summar Function Metrics Rating Hydrology Condition HIGH Water Quality Condition MEDIUM Condition/Opportunity MEDIUM Opportunity Presence (Y/N) NO Habitat Condition LOW Overall Wetland Rating MEDIUM