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HomeMy WebLinkAbout20190022 Ver 1_401 Application_20190103RFCFIVED Preliminary ORM Data Entry Fields for New Actions DEC 312 0 "13 DENR-LAND QUALITY BEGIN DATE STORMWATER PERMITTING SAW — 2018 - 02047 [Received Date]: Prepare file folder ❑ Assign Action ID Number in ORM ❑ 1. Project Name [PCN Form A2a]: Shopton Road West Townhomes 2. Work Type: Private V( Institutional Government Commercial�A A-:� 3. Project Description / Purpose [PCN Form 133d and 133e]: Residential Housing Development 20190022 4. Property Owner / Applicant [PCN Form A3 or A4]: Mattamy Homes; POC: Mr. Bob Wiggins 5. Agent / Consultant [PCN Form A5 — or ORM Consultant ID Number]: CWS; POC: Mr. Daniel Roberts, PWS 6. Related Action ID Number(s) [PCN Form 65b]: SAW -2018-02047 7. Project Location - Coordinates, Street Address, and/or Location Description [PCN Form 131b]: North of the Shopton Road West, and South Tryon Street intersection, in Charlotte, North Carolina 35.099940, -81.0060980 8. Project Location -Tax Parcel ID [PCN Form 131a]: 19901 102 9. Project Location — County [PCN Form A2b]: Mecklenburg 10. Project Location — Nearest Municipality or Town [PCN Form A2c]: Charlotte 11. Project Information — Nearest Waterbody [PCN Form 132a]: Sugar Creek 12. Watershed / 8 -Digit Hydrologic Unit Code [PCN Form 62c]: Catawba HUC# 03050103 Authorization: Section 10 ❑ Section 404 7 Section 10 & 404 ❑ Regulatory Action Type: ❑Standard Permit ✓ Nationwide Permit # 29 ❑ Regional General Permit # ❑ Jurisdictional Determination Request ❑Pre -Application Request Unauthorized Activity ❑ Compliance ❑ No Permit Required Page 1 of 61 12/21/2018 Revised 20150602 CAROLINA WETLAND SERVICES, INC. 550 E. Westinghouse Blvd. Charlotte, NC 28273 704-527-1177 (office) 704-527-1133 (fax) To: Mr. David Shaeffer Date: December 18, 2018 U.S. Army Corps of Engineers, Charlotte Satellite Office 151 Patton Avenue, Room 208 Asheville, NC 28801 Mr. Alan Johnson NCDWR, 401 & Buffer Permitting Unit 512 N. Salisbury St., 9th Floor Raleigh, NC 27604 Subject: Pre -Construction Notification Pursuant to Nationwide Permit No. 29 Shopton Road West Townhomes Charlotte, North Carolina CWS Project No. 2018-0204 Dear Mr. Shaeffer, The Shopton Road West Townhomes site is approximately 40.3 acres in extent and is located north of the Shopton Road West and South Tryon Street intersection, in Charlotte, North Carolina (Figures 1 and 2, Attachment A). Mattamy Homes has contracted Carolina Wetland Services, Inc. (CWS) to provide Clean Water Act Section 404/401 permitting services for this project. An executed Agent Authorization Form is attached (Attachment B). CWS is submitting a Pre -Construction Notification pursuant to Nationwide Permit No. 29 and Water Quality General Certification No. 4139 to the U.S. Army Corps of Engineers (USACE) and to the North Carolina Division of Environmental Quality (NCDEQ) for proposed permanent impacts to the jurisdictional waters of the U.S. associated with developing the subdivision into a residential development. A Request for Preliminary Jurisdictional Determination was submitted to the USACE on October 17, 2018 (SAW -2018-02047) and the on-site features were field -verified by Mr. David Shaeffer of the USACE on November 16, 2018. The impacts from this project will exceed the mitigation threshold under a NWP 29 therefore permittee responsible mitigation will be implemented. A copy of the PCN application is being provided to the NCDEQ with a check of $570 for the 401 Water Quality Certification approval fee. Page 2 of 61 12/21/2018 Shopton Road West Townhomes Transmittal Letter ATTACHMENTS INCLUDED: DESCRIPTION Attachment A - Figures 1-7 Attachment B - Agent Authorization Form Attachment C - Property Owners and Deed Information Attachment D - Permit Drawings Attachment E - Protected Species Habitat Assessment Report Attachment F - NC SHPO Correspondence Attachment G - Photo a e December 18, 2018 CWS Project No. 2018-0204 Please do not hesitate to contact Daniel Roberts at 704-527-1177 ext. 707 or daniel@cws-inc.net should you have any questions or comments regarding this report. Sincerely, Daniel Roberts, PWS Project Scientist Page 2 of 2 Page 3 of 61 12/21/2018 Christine Geist, PWS, CE Principal Scientist W ATF�9 pG Office Use Only: Corps action ID no. DWQ project no. Form Version 1.4 January 2009 Page 1 of 14 Page 4 of 61 12/21/2018 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: ® 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 ® No 1 d. Type(s) of approval sought from the DWQ (check all that apply): ® 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ❑ Yes ® No For the record only for Corps Permit: ❑ Yes ® No 1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. ® Yes ❑ No 1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ❑ Yes ® No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ® No 2. Project Information 2a. Name of project: Shopton Road West Townhomes 2b. County: Mecklenburg 2c. Nearest municipality / town: Charlotte 2d. Subdivision name: 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: PARTNERSHIP STEELE CREEK (1997) LIMITED 3b. Deed Book and Page No. 09064-072 3c. Responsible Party (for LLC if applicable): Sarah Belk Gambrell 3d. Street address: 6100 FAIRVIEW RD STE 640 3e. City, state, zip: CHARLOTTE NC 28210 3f. Telephone no.: Contact Mr. Bob Wiggins, Mattamy Homes: 704-604-8424 3g. Fax no.: N/A 3h. Email address: Contact Mr. Bob Wiggins, Mattamy Homes: Bob.Wiggins@mattamycorp.com Page 1 of 14 Page 4 of 61 12/21/2018 PCN Form — Version 1.4 January 2009 4. Applicant Information (if different from owner) 4a. Applicant is: 0 Agent ® Other: Mattamy Homes 4b. Name: Mr. Bob Wiggins 4c. Business name (if applicable): Mattamy Homes 4d. Street address: 2128 Ayrsley Town Blvd., Suite 201 4e. City, state, zip: Charlotte, NC 28273 4f. Telephone no.: 704-604-8424 4g. Fax no.: N/A 4h. Email address: Bob.Wiggins@mattamycorp.com 5. Agent/Consultant Information (if applicable) 5a. Name: Daniel Roberts, PWS 5b. Business name (if applicable): Carolina Wetland Services, Inc. 5c. Street address: 550 E. Westinghouse Blvd. 5d. City, state, zip: Charlotte, NC 28273 5e. Telephone no.: 704-527-1177 ext. 707 5f. Fax no.: N/A 5g. Email address: daniel@cws-inc.net Page 2 of 14 Page 5 of 61 12/21/2018 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): 19901102 1 b. Site coordinates (in decimal degrees): Latitude: 35.09994 Longitude: -81.006098 1 c. Property size: 40.3 acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: Sugar Creek 2b. Water Quality Classification of nearest receiving water: Class C 2c. River basin: Catawba River (H UC 03050103) 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 Shopton Road West Townhomes site (Mecklenburg County Tax Parcel No. 19901102) is approximately 40.3 acres in extent and is located north of the Shopton Road West and South Tryon Street intersection in Charlotte, North Carolina (Figure 1). According to the United States Geological Survey (USGS) Topographic Map (Figure 2) on-site elevations range from 650-690 feet above mean sea level. Land cover within the project area consists of deciduous forest, evergreen forest, mixed forest, and forested wetlands (Figure 3). Surrounding land use consists of residential subdivisions and undeveloped forested areas. According to the United States Department of Agriculture - Natural Resources Conservation Service (USDA-NRCS) USDA-NRCS Soil Survey of Mecklenburg County (Figures 4 and 5) on-site soils consist of four different soil units. Of the on-site soils, only the Iredell fine sandy loam is listed the Web Soil Survey database as containing hydric inclusions. The property was delineated by CWS on June 19, 2018 and on-site features were field verified by Mr. David Shaeffer of the USACE on November 1, 2018. Based on the results of these field investigations, there are three jurisdictional waters of the U.S. located within the property. These waters consist of one jurisdictional stream channel (Stream A) and two jurisdictional palustrine forested wetlands (Wetlands AA and BB). No ponds, lakes, or other non-wetland waters are present or approximately shown on the most recently published USGS topographic map. Though historically an isolated mafic depression, Wetland BB was identified as a potential wetland water of the U.S. by Mr. Shaeffer due to the presence of a non-jurisdictional ditch connecting Wetland BB with downstream waters. 3b. List the total estimated acreage of all existing wetlands on the property: 2.22 acres of wetland 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 87 linear feet of intermittent stream 3d. Explain the purpose of the proposed project: The purpose of this project is to develop the property into a residential subdivision comprising entirely of townhomes. This project will provide affordable residential housing to southwest Charlotte, North Carolina in close proximity to Lake Wylie, 1-77, 1-485, and the Charlotte-Douglas International Airport to meet the growing demand for housing due to population growth. Page 3 of 14 Page 6 of 61 12/21/2018 PCN Form — Version 1.4 January 2009 3e. Describe the overall project in detail, including the type of equipment to be used: The project proposes developing the site for a residential development. Construction of this project will require two permanent impacts to one jurisdictional wetland water of the U.S. These impacts will entail filling 0.49 acres of Wetland BB in order to construct building pads required for development. Up to five feet of fill is required to create building pads that can support roads and housing units that meet all stormwater quality drainage and building code requirements within the development (Impact Sheets 3 and 5). In order to reduce and minimize cumulative impacts, lots will not be partitioned and sold with undisturbed wetlands to individual residents. Proper sediment and erosion control techniques will be used to prevent future cumulative impacts. Typical heavy equipment will be used in the grading operations (bulldozers, excavators, dump trucks, graders, etc). A stormwater quality BMP will be built in the eastern section of the project between jurisdictional features. No fill in waters of the U.S. will occur from the proposed BMP. Nexus from Wetland BB to downstream waters of the US will not be severed by the proposed development. The site plans and impact drawings are included as Attachment D. Cross sectional impact details can be found on Sheets 3 and 5, plan view of the impacts can be found on Sheets 2 and 4. Cross section A is representative of impact W1 and cross section B is representative of impact W2. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by Yes b No Unknown the Corps or State been requested or obtained for this property / project(including all priorphases) in the Comments: 4b. If the Corps made the jurisdictional determination, ISIPreliminary J Final what type of determination was made? 4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: Name (if known): Other: Carolina Wetland Services Page 4 of 14 Page 7 of 61 12/21/2018 PCN Form — Version 1.4 January 2009 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. A Request for Preliminary Jurisdictional Determination was submitted to the USACE on October 25, 2018 (SAW -2018-02047). The on-site features were field verified by Mr. David Shaeffer of the USACE on November 1, 2018. No verification letter has been received from the USACE as of the date of this PCN submittal. 5. Project History 5a. Have permits or certifications been requested or Yes No G} Unknown obtained for this project (including all prior phases) in 5b. If yes, explain in detail according to "help file" instructions. This is a single and complete project with no prior or future phases. Though the project connects to Tamarack Drive's stub road per the Mecklenburg County Land Development Plan, both previous and proposed neighborhoods have separate ingress and egress points and do not rely on each other for development. 6. Future Project Plans 6a. Is this a phased project? Yes No 6b. If yes, explain. Page 5 of 14 Page 8 of 61 12/21/2018 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 b Streams — tributaries!' Buffers ! Open Waters O Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. Wetland impact number Permanent (P) or Temporary 2b. Type of impact 2c. Type of wetland 2d. Forested 2e. Type of jurisdiction Corps (404,10) or DWQ (401, other) 2f. Area of impact (acres) W1 Fill Palustrine Forested Yes Corps 0.4 W2 Fill Palustrine Forested Yes Corps 0.09 2g. Total Wetland Impacts: 0.49 2h. Comments: Proposed permanent impacts to jurisdictional wetlands total 0.49 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. Stream impact number Permanent (P) or Temporary (T) 3b. Type of impact 3c. Stream name 3d. Perennial (PER) or intermittent (INT)? 3e. Type of jurisdiction 3f. Average stream width (feet) 3g. Impact length (linear feet) S1 S2 S3 S4 S5 S6 S7 S8 S9 3h. Total stream and tributary impacts 3i. Comments: Page 6 of 14 Page 9 of 61 12/21/2018 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 indivii ually list all open water impacts below. 4a. Open water impact number Permanent (P) or Temporar T 4b. Name of waterbody (if applicable 4c. Type of impact 4d. Waterbody type 4e. Area of impact (acres) 01 _ 02 _ 03 _ 04 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. 5d. 5e. Wetland Impacts (acres) Stream Impacts (feet) 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 Temporar T 6c. Reason for impact 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact (square feet) 6g. Zone 2 impact (square feet 131 _ Yes/No B2 _ Yes/No B3 _ Yes/No B4 _ Yes/No B5 _ Yes/No B6 _ Yes/No 6h. Total Buffer Impacts: 6i. Comments: Page 7 of 14 Page 10 of 61 12/21/2018 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. To avoid and minimize impacts to jurisdictional waters of the U.S., the Shopton Road West Townhomes site was delineated prior to finalizing the site plan. The project has been thoughtfully designed to avoid impacts wherever possible. No impacts to jurisdictional streams are proposed. 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. No Build Alternative In an attempt to minimize impacts to jurisdictional waters while still meeting the goals of the project, a "No Build" alternative was considered. The property is being purchased for the purpose of providing residential housing to meet the growth and demand of an area in Mecklenburg 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. Alternative Design 1 Alternative Design 1 would result in approximately 2.22 acres of permanent impacts to jurisdictional wetlands and 87 If of streams. Wetland BB would be completely filled to construct roads and housing lots. Impacts to Stream A and Wetland AA would be the result of the installation of a water quality pond in-line with the stream and wetland. Upon completion of the delineation it was determined that Wetland BB is a water of the U.S. and not isolated. Impacting over 0.5 acres of jurisdictional wetlands or impacting wetlands and streams for water quality features are not authorized under NWP 29. Therefore, this design would have resulted in an Individual Permit (IP). However, as alternative designs were available, this site design was rejected. Proposed Design Plan (Attachment D) The proposed site plan avoids impacts to jurisdictional waters of the U.S. wherever practicable and impacts have been reduced to two permanent impacts to one jurisdictional wetland water of the U.S. These impacts are limited to filling 0.49 acres of Wetland BB to construct building pads required for development and lot partitioning and sale. Compared to the alternative design, impacts have been reduced by 1.73 acres of PFO wetlands and 87 If of streams. Fill is required to create building pads that can support roads and housing units that meet all stormwater quality drainage and building code requirements within the development. Grading for lots and road connections to Tamarack Drive have been designed to completely avoid Wetland AA and Stream A. The stormwater quality basin has been designed to avoid waters of the U.S. while maintaining or exceeding the water quality benefits and drainage area the current land use provides. Page 8 of 14 Page 11 of 61 12/21/2018 PCN Form — Version 1.4 January 2009 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Proper sediment and erosion control measures will be used to minimize disturbances to downstream waters. Silt fence will be installed around the jurisdictional features, outside of the avoided wetlands and stream. Construction activities and impacts to on-site jurisdictional waters of the U.S. will comply with all conditions of Nationwide Permit No. 29 and Water Quality General Certification No. 4139. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for ® Yes ❑ No impacts to Waters of the U.S. or Waters of the State? 2b. If yes, mitigation is required by (check all that apply): ® DWQ ® Corps ❑ Mitigation bank 2c. If yes, which mitigation option will be used for this project? ❑ Payment to in -lieu fee program ® Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: Type: Choose One Quantity: 3b. Credits Purchased (attach receipt and letter) Type: Choose One Quantity: Quantity: Type: Choose One 3c. Comments: 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. ❑ Yes ❑ No 4b. Stream mitigation requested: 0.0 4c. If using stream mitigation, stream temperature: Choose One 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: 4f. Non -riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: ILF Approval Letter will be provided when received. 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. A permittee responsible mitigation plan is not yet finalized but it will include low impact development, storm water management and wetland enhancement. Page 9 of 14 Page 12 of 61 12/21/2018 PCN Form — Version 1.4 January 2009 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? p Yes 0 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) Zone 1 Zone 2 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 10 of 14 Page 13 of 61 12/21/2018 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 p Yes No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. The site is not adjacent to protected NC Riparian Buffers. 0 Yes CCi No 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? ,24 % 2b. Does this project require a Stormwater Management Plan? Yes =, No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: The City of Charlotte will be reviewing the stormwater plan. The preliminary location of the Stormwater Control Measures (SCM) are depicted in the overall plan view (Attachment D). A stormwater BMP is proposed in the eastern portion of the site. A copy of the stormwater plan will be provided to NCDEQ per request once approved by the City of Charlotte. 2e. Who will be responsible for the review of the Stormwater Management Plan? City of Charlotte 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is thisproject? Phase II 3b. Which of the following locally -implemented stormwater management programs b NSW apply (check all that apply): t,3 USMP Water Supply Watershed Other: 3c. Has the approved Stormwater Management Plan with proof of approval been Yes i No attached? 4. DWQ Stormwater Program Review Coastal counties P HQW 4a. Which of the following state -implemented stormwater management programs apply ORW (check all that apply): 9 Session Law 2006-246 Other: 4b. Has the approved Stormwater Management Plan with proof of approval been b Yes tJ 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 11 of 14 Page 14 of 61 12/21/2018 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 G7 Yes No use of public (federal/state) land? 1b. 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 d Yes D 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.) P Yes No Comments: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H.1300), DWQ Surface Water or Wetland Standards,.0 Yes No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after -the -fact permit application? Yes No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in Yes No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. This project will not result in cumulative impacts to jurisdictional waters in foreseeable future. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. Sewerlines will be connected to an existing off-site municipal sewerline. On-site sewage will be treated off site at a Charlotte treatment plant. Page 12 of 14 Page 15 of 61 12/21/2018 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 ISI Yes Cl No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act p Yes t3l No impacts? 5c. If yes, indicate the USFWS Field Office you have contacted. 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? To determine which protected species are listed as occurring or potentially occurring within the project vicinity, and prior to conducting the on-site field investigation, CWS consulted the United States Fish and Wildlife Service (USFWS) Endangered and Threatened Species and Species of Concern by County for North Carolina online database for Mecklenburg County. In addition, CWS performed a data review using the North Carolina Natural Heritage Program (NCNHP) Data Explorer on October 15, 2018 to determine if any record occurrences of federally-listed, candidate endangered, threatened species, or critical habitat were located within the project limits. The results of the desktop review and habitat assessment are included in the Protected Species Habitat Assessment Report (Attachment E). 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? .0 Yes 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.html 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation .0 Yes 1D, No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? A letter was forwarded to the North Carolina State Historic Preservation Office (SHPO) on October 16, 2018 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 Charlotte-Mecklenburg Historic Landmarks Commission webpage. Both searches indicated there are no known historical structures, buildings, sites, or districts existing within the project limits. The SHPO offic responded on November 8, 2018 agreeing that the project area lacks historic properties (Attachment F). 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? b Yes No 8b. If yes, explain how project meets FEMA requirements: No aboveground fill is proposed within FEMA floodplain. 8c. What source(s) did you use to make the floodplain determination? 12.18.18 Mr. Daniel Roberts 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 13 of 14 Page 16 of 61 12/21/2018 PCN Form — Version 1.4 January 2009 Shopton Road West Townhomes Attachments ATTACHMENT A: Figures 1-7 Page 17 of 61 12/21/2018 December 18, 2018 CWS Project No. 2018-0204 Kentucky Tennessee South Carolina Georgia Ch W/ °* F2rv�ir ah'� FBds Country C lub >,t Wylie Virginia Rd� Stt CON) oil �c m B�pNn�rr� Rd rn cs t P wB36nghuuso Blvd 9 ttyot, n Choate s twt Cbnll 1,, r..1t a Park Bir N%7 tl/ t5;:.. CA, Z �H 3+rl lon H d *n Rd 2y Gold Hill k,+ G:\Team Drives\Consulting Team Dri ve\2018\2018 Consulting Projects\2018-0204 Shopton Road WestU D\ArcG I S\Figure 1. Vicinity. m xd b +Y e a Legend Project Limits (40.3 ac.) 5,000 2,500 0 5,000 Feet REFERENCE. BACKGROUND VICINITY MAP PROVIDED BY ESRI, 2018. C+ SCALE. 1 inch = 51000 feet DATE: 6/20/2018 Vicinity Map FIGURE NO. 1 CWS PROJECT NO. DRAWN BY. Shopton Road West Townhomes Mecklenburg County 2018-0204 JKM CAROLINA Of COORDINATES: CHECKED BY. 35.09994, -81.006098 CAG WETLAND SERVICES Charlotte, North Carolina 7 G:\Team Drives\Consulting Team Dri ve\2018\2018 Consulting Projects\2018-0204 Shopton Road WestU D\ArcG I S\Figure 1. Vicinity. m xd !1 0 U !1 Legend Project Limits (40.3 ac.) 21000 1,000 0 2,000 Feet REFERENCE. USGS 7.5 MINUTE TOPOGRAPHIC QUADRANGLE(S): LAKE WYLIE,NC AND FORT MILL, NC (2017). SCALE. 1 inch = 2,000 feet DATE: 6/20/2018 USGS Topographical Map FIGURE NO. CWS PROJECT NO. DRAWN BY. 2 2018-0204 JKM Shopton Road West Townhomes Of COORDINATES: CHECKED BY: CAROLINA Mecklenburg County 35.09994, -81.006098 CAG WETLAND SERVICES Charlotte, North Carolina 7 G:\Team Drives\Consulting Team Dnve\2018\2018 Consulting Projects\2018-0204 Shopton Road WestUD\ArcGIS\Figure 2. USGS.mxd GATeam Drives\Consulting Team Ddve\2018\2018 Consulting Projects\2018-0204 Shopton Road WestUD\ArcGIS\Figure 3. Aehal.mxd G.\Team Drives\Consulting Team Dnve\2018\2018 Consulting Projects\2018-0204 Shopton Road WestUD\AroG I S\Figure 3. Current Soil Map. mxd MeB IrB 1d✓ 1<P� u, CtaF1 Da© s.� }• IrB 1 �. U M.8 �1z tia6 M Mee PAd [ EnB� trP. �Vo Pair I %ire IrB (� DnE'. f �/ 1(13 P rW, ,A0 �<, MeD f' .02 IkE Ceu7 — " f- .. I IrA PaF U iiA Cane MeB Wz\ F MeB i Me }} (� PuE Mre p O li �._..-.� P"F Me8 Mel) Mee S i A �rQ iv ML) MPb ,wk Ire Mee PaE Wk t--M, / o _ e Pa( C, F'aF. C,,Oj 1 Me f M.rD� "�'�'01r � IrB �.. CeD1 j '�MO q',' MeeJ a w i5 1 i CeD2 Cae Pa: - PaE LLI C.NB2 WkB CcD2 eD 1 , M Cell? 2 �.{ C O PaE ` /CeB2 K,� ,� . �zUt Pat /-� CeBi PaE CeD2 CeD2 `J�,Q�' I I L, s. —/1 .1PAE PaE V IrB —`: - PaE ,.'�. � \ ~~ . irS - EnD"' CeD2 CeB? CeD2 ))% o I,c Ape U` Pat h �� �.--- MeB ,. MU PaE ��� � 0.13 'i,.,, Da y Ce8? �� W 1 d CeD? C CeD1 r., P CentPaE CeQ?h- Hydric GI Cr6 IrB Iredell fine sandy loam, 1 to 8 percent slopes Yes 79.6 Legend MeB Mecklenburg fine sandy loam, 2 to 8 percent slopes No 17.9 MeD Mecklenburg fine sandy loam, 8 to 15 percent slopes No 1.5„�- MO Monacan loam, 0 to 2 percent slopes, frequently flooded Yes 1.0 - —NA- _ Project Limits (40.3 ac.) Totals for rl, 2,000 1,000 0 2,000 Feet REFEREr. 'JSD.A-NRCS SOIL SURVEY OF MECKLENBURG COUNTY, NC, SHEET 10 AND 11. DATED 1976 - SCALE:1 inch = 2,000 feet DATE. 10/15/2018 USDA-NRCS Published Soil FIGURE NO. CWS PROJECT NO DRAWN BY: Survey of Mecklenburg County 5 2018-0204 JKM Shopton Road West Townhomes of CAROLINA + COORDINATES: CHECKED BY. C A R O L I N A Mecklenburg County 7 35.09994, -81.006098 CAG WETLAND SERVICES Charlotte, North Carolina G:\Team Dnves\Consulting Team Dnve\2018\2018 Consulting Projects\2018-0204 Shopton Road West\JMArcGIS\Figure 5. Histonc Soil Map.mxd L N 1 G Legend QProject Limits (40.3 ac.) Roads National Wetlands Inventory ® Freshwater Emergent Wetland - Freshwater Forested/Shrub Wetland Freshwater Pond Lake REFERENCE: NATIONAL WETLAND INVENTORY DATA PROIVDED BY UNITED STATES FISH AND 1 5OO O 1,000 Feet WILDLIFE SERVICE FOR NORTH CAROLINA, ACCESSED 2017. ,000 BACKGROUND LAYER(S) PROVIDED BY MECKLENBURG COUNTY GIS DEPARTMENT, DATED 2017. SCALE: 1 inch = 1,000 feet DATE: 6/21/2018 National Wetlands Inventory FIGURE NO. 6 CWS PROJECT NO. DRAWN BY: Shopton Road West Townhomes Mecklenburg County 2018-0204 JKM CAROLINA of COORDINATES. CHECKED BY: 35.09994, -81.006098 CAG WETLAND SERVICES Charlotte, North Carolina 7 G:\Team Drives\Consulting Team Ddve\2018\2018 Consulting Projects\2018-0204 Shopton Road West\JDWrcGIS\Figure 6. NWl.mxd �a tiall sna" o � :� C7 c d 670 0 M lers Creek Ln s�o Wetland BB 2.06 acre w k\a 4 �� N� REFERENCE: BACKGROUND GIS LAYER(S) PROVIDED BY MECKLENBURG COUNTY GIS DEPARTMENT, DATED 2017. NOTE: JURISDICTIONAL WATERS OF THE U.S. WERE FIELD -REVIEWED AND CLASSIFIED BY CWS, INC., ON JUNE 19, 2018. JURISDICTIONAL BOUNDARIES ARE APPROXIMATEAND SHOULD BE USED FOR PLANNING PURPOSES ONLY JURISDICTIONAL FEATURES HAVE BEEN VERIFIED BY THE USACE BUTA PJD HAS NOT BEEN ISSUED. 1 Wetland AA 0.16 acre S •. c • A7 . • • . 1 linch =150 feet Stream A 87 If 630 Legend = Project Limits (40.3 ac.) - - - - Intermittent Stream ® Wetlands Roads Tax Parcels ODP Data Point . SCP Stream Classification Point ♦► Photo Location and Direction 400 200 0 400 Feet SCALE. DATE: FIGURE NO. 1 inch = 400 feet 11/16/2018 Jurisdictional Boundaries CWS PROJECT NO. DRAWN BY: 7 2018-0204 JKM Shopton Road West Townhomes of CAROLINA + COORDINATES. CHECKED BY.` j A R O L I N A Mecklenburg County 35.09994, -81.006098 CAG WETLAND SERVICES Charlotte, North Carolina 7 G:\Team Drives\Consulting Team Ddve\2018\2018 Consulting Projects\2018-0204 Shopton Road West\JD\ArcGIS\Figure 7. JD.mxd Shopton Road West Townhomes Attachments December 18, 2018 CWS Project No. 2018-0204 ATTACHMENT B: Agent Authorization Form Page 25 of 61 12/21/2018 AGENT CERTIFICATION OF AUTHORIZATION I, the undersigned, a duly authorized owner of record of the property/properties identified herein, do authorize representative(s) of the Wilmington District, U.S. Army Corps of Engineers (Corps) to enter upon the property herein described for the purpose of conducting on-site investigations and issuing a determination associated with Waters of the U.S. subject to Federal jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. representing, 61 dt Cie k 9?4 LGC hereby certify that I have authorized Gregg Antemann of Carolina Wetland Services, Inc. to act on my behalf and take all actions necessary to the processing, issuance, and acceptance of this request for wetlands determination / permitting and any and all standard and special conditions attached. We hereby certify that the above information submitted in this application is true and accurate to the best of our knowledge. p4licant"s signa r- 161ASh Date 7jaVII-It Agent's signature 10/17/2018 Date Completion of this form will allow the agent to sign all future application correspondence. Page 26 of 61 12/21/2018 Shopton Road West Townhomes Attachments ATTACHMENT C: December 18, 2018 CWS Project No. 2018-0204 Property Owners and Deed Information Page 27 of 61 12/21/2018 MECKLENBURG COUNTY, North Carolina POLARIS 3G PARCEL OWNERSHIP AND GIS SUMMARY Date Printed: Identity Parcel ID I GIS ID 19901102 119901102 Property Characteristics Legal desc NA Land Area 38.4 AC Fire District STEELE CREEK #2 Special District FIRE SERVICE A Account Type PARTNERSHIP Municipality MECKLENBURG COUNTY -UNINCORPORATED Property Use SINGLE FAMILY RESIDENTIAL - RURAL ACREAGE 10/17/2018 Ownership Owner Name Mailing Address PARTNERSHIP STEELE CREEK (1997) LIMITED 6100 FAIRVIEW RD STE 640 CHARLOTTE NC 28210 Deed Reference(s) and Sale Price Deed Sale Date Sale Price 09064-072 05/19/1997 1$0.00 Site Location ane l# ETJ Area Charlotte Charlotte Historic District No Charlotte 6/30/2011 Annexation Area No Census Tract # 59.10 Post Construction District Jurisdiction Charlotte Zoning District Central Catawba Contact appropriate Planning Department or see Map. Stream Watershed Districts Water Quality Buffer Stream Watershed Name STEELE Parcel Inside Water Quality Buffer Yes Built -Upon Area Restriction FEMA and Community Floodplain Allowed Built -Upon Area 0.00 sq ft FEMA P Situs Addresses Tied to Parcel 4040 SHOPTON RD UNINC This map or report is prepared for the inventory of real property within Mecklenburg County and is compiled from recorded deeds, plats, tax maps, surveys, planimetric maps, and other public records and datgo� '784 f �q maVS2ip2G jEp- hereby notified that the aforementioned public primary information sources should be consulted for verification. Mack a urg County and its mapping contractors assume no legal responsibility for the information contained herein. Page 1/1 ane l# 3710440900) FEMA Panel Date 03/02/2009 FEMA Flood Zone OUT:VIEW FEMA FLOODPLAIN TO VERIFY Community Flood I Zone OUT:VIEW COMMUNITY FLOODPLAIN TO VERIFY Situs Addresses Tied to Parcel 4040 SHOPTON RD UNINC This map or report is prepared for the inventory of real property within Mecklenburg County and is compiled from recorded deeds, plats, tax maps, surveys, planimetric maps, and other public records and datgo� '784 f �q maVS2ip2G jEp- hereby notified that the aforementioned public primary information sources should be consulted for verification. Mack a urg County and its mapping contractors assume no legal responsibility for the information contained herein. Page 1/1 Shopton Road West Townhomes Attachments ATTACHMENT D: Permit Drawings Page 29 of 61 12/21/2018 December 18, 2018 CWS Project No. 2018-0204 -9 8WZ/LZ/Z6 6910 OE 96ed O C cn D C7 O m T m 0 3 0 m m X Z o G7 c Q o m Z >� - �// m_ °°°✓✓✓ \ \ OSL � 1 100, - m X X ;aO 0 c SAX O ;O (D D� "m 5v�w zA s O� mN !� -4y caO �ZT W 10 0 r o C D g D On s mm >m G 0 $ D m n im y N a A D m .dao �rowim S CHECKED BY: MRR DRAWN BY: KK OVERALL SITE LAYOUT ESPA>x iatexlnc. r.a a•. vom PROJECT NUMBER: FX31.100 USACOE FILE #: SAC- :Wi5lderiun�i 9hi1. ORIGINAL DATE: 11/30/2018 SHOP ON ROAD TOWNHOMES SHEET: 1 OF � �s-�orsaw �x MATTAMY HOMES, LLC MECKLENBURG COUNTY, NC 8WZ/LZ/Z6 19;0 lE 96ed CHECKED BY: HRR WETLAND IMPACT "A" DRAWN PROJECT NUMBER: FX31.400 USACOE FILE #: SAC- PLAN VIEW ORIGINAL DATE: 11/30/2018 SHEET: SHO TON ROAD TOWNHOMES 2 OF 5 MATTAMY HOMES, LLC MECKLENBURG COUNTY, NC m rl �4 O C a O m .9 m 3 A z G) O z r ESP A—,,t- I- 11. B,, 703D Qmlotte. NC zPz<� ;ui3laimvm Bl"I Fm 14'11'.0 7. i�5MW9;1(:I w�-eoz-z+w �a i, • ,. . , • , ' . ' '4O , . ' • V. ' . ' ./. �: Amu)�. ,. . J 00 m r v • // i CHECKED BY: HRR WETLAND IMPACT "A" DRAWN PROJECT NUMBER: FX31.400 USACOE FILE #: SAC- PLAN VIEW ORIGINAL DATE: 11/30/2018 SHEET: SHO TON ROAD TOWNHOMES 2 OF 5 MATTAMY HOMES, LLC MECKLENBURG COUNTY, NC m rl �4 O C a O m .9 m 3 A z G) O z r ESP A—,,t- I- 11. B,, 703D Qmlotte. NC zPz<� ;ui3laimvm Bl"I Fm 14'11'.0 7. i�5MW9;1(:I w�-eoz-z+w �a TI 9WZ4Z/ZI, 1910 Z£ abed 0 C a 0 0 O� -I 00 m 0 O PROP. ROAD 0+00 mommillim IN Z G) OMEN im Ml IN Z IN ME mmmumom IMMM mmummmoRNA momill NMI ME! EMMMUMMMENOMMMMMMMM mmommmoommmmmmmllmmm MMmMMmmMMmMMMMM EMU 1+00 NMI on MEMO No MEMO IMMI me Wpp- momml loommmomm mom MEN mmmmmmmom mom ME ME k 2+00 2+09 z v m 0 m v Y .m (17 D � D g m m 0)D m a CHECKED BY: MRR USACOE FILE #: SAC- WETLAND IMPACT "A" CROSS SECTION ESP Aax�cialex Inc. "° &" °� DRAWN BY: KK NUMBER: FX31.400 PROJECT _ui5l�kxnnn Rhrl. '�armz-zeao w ORIGINAL DATE: 11/30/2018 SHOPTON ROAD TOWNHOMES SHEET: 3 0 F 5 MATTAMY HOMES, LLC MECKLENBURG COUNTY, NC 8LOZ/LZ/ZL L9 bo ££ 96ed I� xcaao�gw.vs+v CHECKED BY: MRR WETLAND IMPACT "B" DRAWN BY: PROJECT NUMBER: FX31400 USACOE FILE #: SAC- PLAN VIEW ORIGINAL DATE: 1113012018 SHEET: SHOPTON ROAD TOWNHOMES 4 Or MATTAMY HOMES, LLC MECKLENBURG COUNTY, NC O C n O m m0 3 DN ZO q. Z0 Z f �a G) i Ug O0 � sA22 -< X m wZ ca a y Z T A � D >MZ C) O ESP A—t- 1— RO &�' 700 Clurktte. N(' 292q I ;uiS l�kemnn Rh J. FM Mflk -T 297fA9 7M1Y51-MJ1 t (:; soa-�orzew ��: 91,0Z/1,VZ6 1910 4£ 96ed 0 C a n 0 m -1 co O O m PROP. ROAD0+00X A z G) z mmmg-jolimmimm mmmmmmm W-11mol mm mm m mm 1+00 mmmmmilm mmmmmmmmim m M m m m F AN mmommosomm . -.a a gird 00 mmmmmmmmmmmmmmmmmmm 1+95 Z* Z m a y y i Dv c S m ` M(p Nm N a D D (moi g2� _it o � mn u m 1C7 T W 'J i _ A m m W D m CHECKED BY: MRR USACOE FILE #: SAC- WETLAND IMPACT "13 �+ CROSS SECTION ESP A>x utex Inc. CharM[le, N(' 29241 "t "C DRAWN BY: KK PROJECT NUMBER: FX31.400 :A751�Eemrn1 9h J. F� Ni11 A,IA aor9o2-taw �x ESP ORIGINAL DATE: 11/30/2018 SHOPTON ROAD TOWNHOMES SHEET: C 5 01 � v.v.v..claa..xalh.[�m, MATTAMY HOMES, LLC MECKLENBURG COUNTY, NC Shopton Road West Townhomes Attachments ATTACHMENT E: December 18, 2018 CWS Project No. 2018-0204 Protected Species Habitat Assessment Report Page 35 of 61 12/21/2018 CAROLINA WETLAND SERVICES, INC. 550 E. Westinghouse Blvd. Charlotte, NC 28273 704-527-1177 (office) 704-527-1133 (fax) November 2, 2018 Bob Wiggins Vice President, Land Mattamy Homes 2127 Ayrsley Town Blvd., Suite 201 Charlotte, NC 28273 Subject: Protected Species Habitat Assessment Report Shopton Road West (40.3 ac.) Charlotte, North Carolina CWS Project No. 2018-0204 Dear Mr. Wiggins, Mattamy Homes has contracted Carolina Wetland Services, Inc. (CWS) to provide a protected species habitat assessment for the Shopton Road West site. The project area includes Mecklenburg County Tax Parcel No. 19901102, totalling approximately 40.3 acres in extent. The project area is located north of the Shopton Road West, and South Tryon Street intersection, in Charlotte, North Carolina (Figure 1). Methods In -office Desktop Review To determine which protected species are listed as occurring or potentially occurring within the project vicinity and prior to conducting the on-site field investigation, CWS consulted the United States Fish and Wildlife Service's (USFWS) Endangered and Threatened Species and Species of Concern by County for North Carolina online database for Mecklenburg County'. In addition, CWS performed a data review using the North Carolina Natural Heritage Program (NCNHP) Data Explorer on October 15, 2018 to determine if any record occurrences of federally -listed, candidate endangered, threatened species, or critical habitat are located within the project limits. Typical habitat requirements for listed species was discerned from multiple USFWS3 and NCNHP' online resources including, but not limited to, specific USFWS species profiles, recovery plans, NCNHP's Guide to Federally Listed Endangered and Threatened Species of United States Fish and Wildlife Service, Raleigh Field Office. Accessed October 15, 2018. Endangered and Threatened Species and Species of Concern by County for North Carolina. https://www.fws.gov/raleigh/species/cntylist/mecklenburg.html 2 North Carolina Natural Heritage Program. 2018. Biotics Database. Division of Land and Water Stewardship. Department of Natural and Cultural Resources, Raleigh, North Carolina.. s U.S. Fish and Wildlife Service. 2006. Optimal Survey Windows for North Carolina's Federally Threatened and Endangered Plant Species. http://www.fws.gov/nces/es/plant_survey.html. Accessed October 15, 2018. a Buchanan, M.F. and J.T. Finnegan. 2010. Natural Heritage Program List of the Rare Plant Species of North Carolina. NC Natural Heritage Program, Raleigh, NC. Accessed from https://www.fws.gov/raleigh/species/cntylist/nc_Counties.html NORTH CAROLINA - SOUTH CAROLINA WWW.CWS-INC.NET Page 3dPa" 1 OM1/2018 Shopton Road West November 2, 2018 Protected Species Habitat Assessment Report CWS Project No. 2018-0204 North Carolina, and List of the Rare Plant Species of North Carolina. United States Department of Agriculture - Natural Resources Conservation Service (USDA-NRCS) Web Soil Survey of Mecklenburg County5 and aerial imagery were also reviewed for potential habitat communities of listed species within the project vicinity (Figures 2 and 3). Field Survev CWS scientists Daniel Roberts, Project Scientist, and Julia McGuire, Staff Scientist I, conducted a pedestrian habitat assessment of the project area on June 19, 2018. Potential habitat for potentially occurring federally -protected species that was identified during the desktop review was assessed in the field for the quality of physical and/or biological features essential to the conservation of the applicable species. Additionally, during the pedestrian habitat assessment, areas were reviewed for applicable federally protected species; however, formal surveys were not conducted. Identification references for natural communities include Schafale and Weakley's Third Approximation for Natural Communities of North Carolina (1990)6 and Weakley (2015)' for plant species. Results Based on the NCNHP data explorer review, there are three current records of federally -protected species within the project limits or within a mile of the project limits (Attachment A). There is one record of smooth coneflower (Echinacea laevigata) and two records of Schweinitz's sunflower (Helianthus schweinitzii) within one mile of the project boundary. The USFWS lists seven federally protected species for Mecklenburg County (Table 1). An official species list has not been obtained from the USFWS Asheville Field Office. Table 1. Unofficial List of Federally -Protected Species Potentially Occurring within the PresleySite, Mecklenburg Count , NC. Major Group Scientific Name Common Name Federal Status* Record Status Plant Helianthus Schweinitz's E Current schweinitzii sunflower Plant Echinacea Smooth Coneflower E Current laevigata Plant Rhus michauxii Michaux's sumac E Historic Animal Bombus affinis Rusty -patched E Historic bumblebee Animal Lasmigona Carolina heelsplitter E Current decorata Animal Myotis Northern long-eared T Current septentrionalis bat Animal Haliaeetus Bald eagle BGPA Current leucocephalus * E - Endangered, T - Threatened, BGPA - Bald and Golden Eagle Protection Act United States Department of Agriculture, 2017. Web Soil Survey of Mecklenburg County, North Carolina. October 8, 2018. Source: https://websoilsurvey.nres.usda.gov/app/HomePage.htm Schafale, M.P., and A.S. Weakley. 1990. Classification of the Natural Communities of North Carolina, Third Approximation. http://ww.namethatplant.net/PDFs/class.pdf. Weakley, A.S. 2015. Flora of the Southern and Mid -Atlantic States. http://www.herbarium.unc.edu/flora.htm. Page 2 of 9 Page 37 of 61 12/21/2018 Shopton Road West November 2, 2018 Protected Species Habitat Assessment Report CWS Project No. 2018-0204 Six terrestrial community types were identified within the project area during the field survey. These community types consist of deciduous forest, evergreen forest, mixed forest, forested wetlands, a scrub/shrub stand, and a maintained roadside area (Figure 3). Of the identified on-site community types, none are considered potential habitat for federally threatened or endangered species that could potentially occur within the project limits. A brief description of each species habitat requirements and determination of effect findings are listed below by species. Schweinitz's sunflower (Helianthus schweinitzi@ Habitat Description: Schweinitz's sunflower is a perennial herb with yellow rays and yellow centers. They can reach heights of five feet. Populations are limited to the piedmont of North and South Carolina. It has been listed as an Endangered species under the ESA since 1991.8 The typical habitat for this plant includes roadsides, old pastures, transmission line right-of-ways, open areas, either natural or human -maintained habitats, or edges of upland woods. Major characteristics of soils associated with suitable Schweinitz's sunflower habitat include thin soils, soils on upland interstream flats or gentle slopes, soils that are clay -like in both composition and texture (and often with substantial rock fragments), soils that have a high shrinkage swell capacity, and those which vary over the course of the year from very wet to very dry. Biological Analysis: A NCNHP data record review revealed that there are two records of Schweintz's sunflower within a one -mile radius of the project (Attachment A). In order to assess the presence or absence of Schweintz's sunflower on-site, the field survey assessment and desktop review examined the site for suitable habitat and appropriate soils. The majority of the area was unsuitable due to the dense canopy that blocked the majority of the sunlight (Pictures 1 and 2). The scrub/shrub stand on the western section of the site lacks a canopy but it contained a dense understory which would outcompete Schweinitz's sunflower (Picture 3). The roadside section of the site has no canopy and frequent maintenance in the form of mowing, bush hogging, and pesticide spray. Based on the length of grass, the road side area is too frequently mowed to support Schweintz's sunflower. Additionally, the forested edge is dominated by a thick understory of woody species that would outcompete the Schweintz's sunflower (Picture 4). For the roadside area, the field surrey assessment confirmed the current site conditions, while the desktop review examined site conditions from 2012 to 2017 and confirmed that the maintenance and site conditions have been consistently inhospitable for Schweinitz's sunflower -9. Additionally, the on-site soils, which include the Iredell, Mecklenburg, and Monacan series, all have low shrink -swell capacity (Figure 2). During the field assessment on June 19, 2018, no individuals of Schweinitz's sunflower or other Helianthus species were observed in any area. Due to the lack of supportive habitat, appropriate soils, and observed individuals CWS concludes that this project will have no effect on the Schweinitz's sunflower. a United States Fish and Wildlife Services. 1991. Endangered and Threatened Wildlife and Plants; Helianthus schweinitzii (Schweinitz's sunflower) Determined to be Endangered. http://ecos.fws.gov/docs/federal_register/frl852.pdf. y Google Street View. 2018. Google Maps [online] <https://www.google.com/maps> [Accessed 18 October 2018]. Page 3 of 9 Page 38 of 61 12/21/2018 Shopton Road West November 2, 2018 Protected Species Habitat Assessment Report CWS Project No. 2018-0204 Smooth coneflower (Echinacea laevigata) Habitat Description: Smooth coneflower is a tall, perennial herbaceous plant found in areas with abundant sunlight where competition in the herbaceous layer is minimal. It has been federally listed as Endangered under the ESA since 1992.10 Typical habitat for this plant includes meadows, open woodlands, the ecotonal regions between meadows and woodlands, cedar barrens, dry limestone bluffs, clear cuts, and roadside and utility rights-of-way. In North Carolina, the species normally grows in magnesium- and calcium- rich soils associated with gabbro and diabase parent material, and typically occurs in Iredell, Misenheimer, and Picture soil series. Smooth coneflower grows best where there is abundant sunlight, little competition in the herbaceous layer, and periodic disturbances (e.g., regular fire regime, well-timed mowing, careful clearing) that prevents encroachment of shade -producing woody shrubs and trees. On sites where woody succession is held in check, it is characterized by a number of species with prairie affinities. Biological Analysis: A NCNHP data record review revealed that there is one current occurance of the smooth coneflower within a one -mile radius of the project (Attachment A). In order to assess the presence or absence of smooth coneflower on-site, the field survey assessment and desktop review examined the site for suitable habitat and appropriate soils. The majority of the area was unsuitable habitat due to the dense canopy that blocked the majority of the sunlight (Pictures 1 and 2). The scrub/shrub stand on the western section of the site lacks a canopy but it contained a dense understory which would outcompete the smooth coneflower (Picture 3). The roadside section of the site has no canopy and frequent maintenance in the form of mowing, bush hogging, and pesticide spray. Based on the length of grass, the road side area is too frequently mowed to support smooth coneflower. Additionally, the forested edge is dominated by a thick understory of woody species that would outcompete the smooth coneflower (Picture 4). For the roadside area, the field survey assessment confirmed the current site conditions, while the desktop review examined site conditions from 2012 to 2017 and confirmed that the maintenance and site conditions have been consistently inhospitable for smooth coneflower11. While there was Iredell soil present on site, it occurred within the forested sections of the site that would not support any individuals of the smooth coneflower (Figure 2). Due to the lack of supportive habitat and observed individuals; CWS concludes that this project will have no effect on the smooth coneflower. Michaux's sumac (Rhus michauxii) Habitat Description: Michaux's sumac is a rhizomatous shrub. It is densely hairy with compound leaves exhibiting evenly -serrated leaflets. Flowers are small, greenish to white, in terminal clusters. Fruits are red drupes produced from August to October. Michaux's sumac has 10 United States Fish and Wildlife Services. 1992. Endangered and Threatened Wildlife and Plants; Echinacea laevigata (Smooth Coneflower) Determined to be Endangered. http://ecos.fws.gov/docs/federal_ register/fr2140.pdf. " Google Street View. 2018. Google Maps [online] <https://www.google.com/maps> [Accessed 18 October 20181. Page 4 of 9 Page 39 of 61 12/21/2018 Shopton Road West November 2, 2018 Protected Species Habitat Assessment Report CWS Project No. 2018-0204 been listed as an Endangered species under the Endangered Species Act (ESA) since 1989.12 It is found on the coastal plains of Virginia to Florida, with most populations occurring in North Carolina. Michaux's sumac prefers sandy or rocky open woods with basic soils, as well as highway right-of-ways, roadsides, or edges of artificially -maintained clearings. Biological Analysis: A NCNHP data record review revealed that there are no current occurrences of this species within the project limits, or within a one -mile radius of the project (Attachment A). In order to assess the presence or absence of Michaux's sumac on-site, the field survey assessment and desktop review examined the site for suitable habitat. The majority of the area was unsuitable due to the dense canopy that blocked the majority of the sunlight (Pictures 1 and 2). The scrub/shrub stand on the western section of the site lacks a canopy but it contained a dense understory that would outcompete the Michaux's sumac (Picture 3). The roadside section of the site has no canopy and undergoes frequent maintenance in the form of mowing, bush hogging, and pesticide spray. Based on the length of grass, the road side area is too frequently mowed to support Michaux's sumac. Additionally, the forested edge is dominated by a thick understory of woody species that would outcompete the Michaux's sumac (Picture 4). For the roadside area, the desktop review examined site conditions from 2012 to 2017 and confirmed that the maintenance and site conditions have been consistently inhospitable for Michaux's sumac 13. Additionally the Raleigh Ecological Services Field Office states in its Michaux's sumac profile page that the species is considered historic in Mecklenburg County14. Due to the lack of habitat, observed individuals, and known occurrences; CWS concludes that this project will not affect Michaux's sumac. Carolina heelsplitter (Lasmigona decorata) Habitat Description: The Carolina heelsplitter was historically known from several locations within the Catawba and Pee Dee River systems in North Carolina and the Pee Dee and Savannah River systems, and possibly the Saluda River system in South Carolina. In North Carolina, the species is now known only from a handful of streams in the Pee Dee and Catawba River systems. The species exists in very low abundances, usually within 6 feet of shorelines, throughout its known range. The general habitat requirements for the Carolina heelsplitter are shaded areas in large rivers to small streams, often burrowed into clay banks between the root systems of trees, or in runs along steep banks with moderate current. Recently, the Carolina heelsplitter has been found is in sections of streams containing bedrock with perpendicular crevices filled with sand and gravel, and with wide riparian buffers.t5 z United States Fish and Wildlife Services. 1989. Endangered and Threatened Wildlife and Plants; Determination of Endangered Status for Rhus michauxii (Michaux's sumac). hftp://ecos.fws.gov/docs/federal_register/frl60l.pdf. " Google Street View. 2018. Google Maps [online] <https://www.google.com/maps> [Accessed 18 October 2018]. 14 Suiter, Dale. Fish and Wildlife Biologist. Raleigh Ecological Services Field, USFWS. Michaux's Sumac Species Profile page. Last updated August 24, 2017. Accessed October 15, 2018 https://www.fws.gov/raleigh/species/es_michauxs_sumac.html 15 NCDOT TE Animal Habitat Descriptions. 2015. https:Hconnect. ncdot.gov/resources/Environmental/Compliance%20G uides%20and%2OProceduresfTE%2OAni mal %2OHabitat% 20Descriptions%20Mar_6_2015. pdf Page 5 of 9 Page 40 of 61 12/21/2018 Shopton Road West November 2, 2018 Protected Species Habitat Assessment Report CWS Project No. 2018-0204 Biological Analysis: A NCNHP data record review revealed that there are no current occurrences of this species within the project limits, or within a one -mile radius of the project (Attachment A). In order to assess the presence or absence of the Carolina heelsplitter on-site, the field survey assessment and desktop review examined the site for suitable habitat. A desktop review revealed no streams on-site and this was confirmed by a pedestrian survey on June 19, 2018 (Pictures 1, 2, and 3; Figures 1 and 2). Based on the lack of potential habitat and the NHP database indicating there is no known population of the species within one mile of the project area or in downstreams waters, CWS concludes that this project will have no effect on the Carolina heelsplitter. Rusty Patched Bumble Bee (Bombus affinis) The Rusty patched bumble bee was listed as Endangered under the ESA in January 2017.16 Rusty patched bumble bees once occupied grasslands and tallgrass prairies of the Upper Midwest and Northeast, but most grasslands and prairies have been lost, degraded, or fragmented by conversion to other uses. According to USFWS guidance, "the rusty patched bumble bee is likely to be present in scattered locations that cover only about 0.1 % of the species' historical range. It is within these limited areas USFWS recommend that federal agencies and others consider the need to consult with the Service on the potential effects of their actions or the potential need for an incidental take permit under section 10(a)(1)(B). For the remaining 99.9% of the historical range, USFWS advise agencies and others that this bumble bee is not likely to be present and that consultations or incidental take coverage is not necessary."" According to USFWS' Rusty Patched Bumble Bee Interactive Map, Mecklenburg County is not within the 0.1 % historical range as no high potential zones or low potential zones are present within Mecklenburg County. Therefore, the proposed project will not affect the rusty -patched bumble bee. Northern Iona -eared bat (Myotis septentrionalis) The northern long-eared bat (NLEB) is one of the species of bats most impacted by the white -nose syndrome disease. Summer habitat (roosting habitat) of the NLEB includes forests and woodlots containing live trees and/or dead snags greater than three inches diameter at breast height with cavities or crevices. Winter habitat (hibernacula) of the NLEB includes caves, mines, rocky areas, or structures that mimic similar conditions such as culverts greater than 48 -inch in diameter.16 The NLEB was listed as Threatened (T) on April 2, 2015. The forested areas within the property are potential habitats for the NLEB. A Standard Local Operating Procedure for Endangered Species Act Compliance (SLOPES) was established for NLEB between the USFWS Asheville and Raleigh Ecological Offices and the United States Army Corps of Engineers (USACE), Wilmington District, on January 31, 2017.19 This SLOPES defines how the USACE will make determinations of effect to the NLEB on projects in which the USACE is the lead federal agency. Alternative Local Procedure 1 (ALP 1) applies for the 16 United States Fish and Wildlife Services. https://www.fws.gov/midwest/endangered/insects/rpbb/index.htmi 17 United States Fish and Wildlife Services. https://www.fws.gov/midwest/endangered/insects/rpbb/index.html 78 United States Fish and Wildlife Service. 2016.4(d) Rule for the Northern Long -Eared Bat; Final rule. https://www.gpo.gov/fdsys/pkg/FR-2016-01-14/pdf/2016-00617.pdf " USACE http://saw-reg.usace.army.mil/NLEB/1-30-17-signed_NLEB-SLOPES&apps.pdf Page 6 of 9 Page 41 of 61 12/21/2018 Shopton Road West November 2, 2018 Protected Species Habitat Assessment Report CWS Project No. 2018-0204 McDowell site as the action area is within range of the NLEB,20 the action area is located outside of a red 12 -digit HUC as defined by the Asheville Ecological Services Field Office, 2' and consultation by the USACE is required on other listed species or critical habitat. The final 4(d) rule exempts incidental take of NLEB associated with activities that occur greater than 0.25 miles from a known hibernaculum site and greater than 150 feet from a known, occupied maternity roost from June 1 -July 31. In accordance with ALP 1 and the final 4(d) rule (effective as of February 16, 2016), any incidental take that may result from associated activities is exempt under the 4(d) rule. Therefore, this project is exempt under the 4(d) rule. Bald eagle (Haliaeetus leucocephalus) The Bald and Golden Eagle Protection Act, 22 enacted in 1940, prohibits anyone, without a permit issued, from "taking" bald eagles, including their parts, nests, or eggs. Habitat for the bald eagle includes cliffs and forested areas near estuaries, large lakes, reservoirs, rivers, seacoast, and as they become more abundant, stands of undisturbed forest. While the site was 0.7 miles from Lake Wylie, it is adjacent to a residential area and is, therefore, not suitable habitat. Since there was no foraging habitat within the review area, a survey of the project study area and the area within the project limits was not conducted. A review of the NCNHP database on October 15, 2018 revealed no known occurrences of this species within 1.0 mile of the project study area. Due to lack of habitat and known occurrences, CWS concludes that this project will have no effect on the bald eagle. 20 The U.S. Fish and Wildlife Service (USFWS) 2016. https://www.fws.gov/midwesVendangered/mammals/nleblpdfMNSZone.pdf 21 The U.S. Fish and Wildlife Service (USFWS) 2016. Northern Long -Eared Bat. 22 hftps:/Awm.fws.gov/midwesVMidwestBird/eaglepermits/bagepa.html Page 7 of 9 Page 42 of 61 12/21/2018 Shopton Road West Protected Species Habitat Assessment Report Determinations November 2, 2018 CWS Project No. 2018-0204 Based on the literature search and the results of the on-site assessment for suitable habitat of federally -protected endangered, threatened, and candidate species, suitable habitat was not observed within the project limits for Schweinitz's sunflower, smooth coneflower, Michaux's sumac, Carolina heelsplitter, rusty -patched bumblebee, or the Bald eagle. Additionally, based on the project area location, no tree removal activities will occur within a 150 -foot radius of a known, occupied NLEB maternity roost from June 1 -July 31, and no trees will be removed within 0.25 miles of a known hibernaculum at any time of year. Therefore, any incidental take on NLEB that may result from associated activities is exempt under the 4(d) rule and notifications will follow the SLOPES agreement23. Biological determinations requirements for federally protected species are summarized in Table 2 (below). Table 2. Bioloqical Determination Requirements Summary Table for Federally Protected Species E - Endangered, T - Threatened, BGEPA - Bald and Golden Eagle Protection Act - Required in accordance with SLOPES, ALP 1 agreement. 2s http://www.fws.gov/asheville/htmis/project review/NLEB_in_WNC.html Page 8 of 9 Page 43 of 61 12/21/2018 Federal Effect on Listed Biological Scientific Name Common Name Status" Species Determination Required Helianthus schweinitzii Schweinitz's sunflower E Will Not Affect No Echinacea laevigata Smooth Coneflower E Will Not Affect No Rhus michauxii Michaux's sumac E Will Not Affect No Lasmigona decorata Carolina heelsplitter T Will Not Affect No Bombus affinis Rusty -patched bumblebee E Will Not Affect No Myotis septentrionalis Northern -long-eared bat E Exempt/Excepted Yes"" Haliaeetus Bald eagle E Will Not Affect No leucocephalus E - Endangered, T - Threatened, BGEPA - Bald and Golden Eagle Protection Act - Required in accordance with SLOPES, ALP 1 agreement. 2s http://www.fws.gov/asheville/htmis/project review/NLEB_in_WNC.html Page 8 of 9 Page 43 of 61 12/21/2018 Shopton Road West Protected Species Habitat Assessment Report November 2, 2018 CWS Project No. 2018-0204 A biological assessment was not conducted for this project. All biological determinations of effect represent the best professional opinion of CWS and are not official determinations of effect. It is the responsibility of the lead federal agency to render an official determination of effect. Should the lead federal agency agree with CWS initial findings of no effect, then no USFWS consultation is required to comply with Section 7 of the Endangered Species Act. Should the lead federal agency's determination of effect differ from the findings of CWS, formal or informal consultation with USFWS may be required. Thank you for the opportunity to provide these services on this important project. Please do not hesitate to contact Daniel Roberts at 704-527-1177 ext. 707 or daniel@cws-inc.net should you have any questions or comments regarding this report. Sincerely, Daniel Roberts, PWS Project Scientist Christine A. Geist, PWS, CE Consulting Group Manager Attachments: Figure 1: USGS Site Location Figure 2: Current USDA-NRCS Soil Map of Mecklenburg County Figure 3: Aerial Imagery Attachment A: NCNHP Data Review Report Attachment B: Representative Photographs (1-3) Page 9 of 9 Page 44 of 61 12/21/2018 ,x 1 1 b WALNUT - s LA ����y' fiSOUTHWEST Md QR w {{ l a� r f d j fl r\ Legend Project Limits (40.3 ac.) 2,000 1,000 0 2,000 Feet REFERENCE: USGS 7.5 MINUTE TOPOGRAPHIC QUADRANGLE(S): LAKE WYLIE,NC AND FORT MILL, NC (2017). SCALE: DATE: FIGURE NO. 1 inch = 2,000 feet 10/15/2018 USGS Topographical Map CWS PROJECT N0: DRAWN BY: 2018-0204 JKM Shopton Road West Townhomes COORDINATES: CHECKED BY: CAROLINA Mecklenburg County 35.09994, -81.006098 CAG WETLAND SERVICES Charlotte, North Carolina G:\Team Drives\Consulting Team Drive\2018Q018 Consulting Projects\2018-0204 Shopton Road West\JD\ArcGIS\Figure 2. USGS.mxd MeD DaB IrB I rA MO MO PaE MeD MeD CeB2 PaE Legend IrB Iredell fine sandy loam, 1 to 8 percent slopes Yes 79.6 MeB Mecklenburg fine sandy loam, 2 to 8 percent slopes No 17.9 Project Limits (40.3 ac.) MeD Mecklenburg fine sandy loam, 8 to 15 percent slopes No 1.5 MO Monacan loam, 0 to 2 percent slopes. frequently flooded Yes 1.0 Roads Totals for Area of Interest 400 200 0 400 Feet REFERENCE: USGS 7.5 MINUTE TOPOGRAPHIC QUADRANGLE(S): LAKE WYLIE AND FORT MILL NC 12017. SCALE.1 inch = 400 feet DATE. 10/15/2018 �+ USDA-NRCS Current Soil FIGURE NO S . CWS PROJECT NO. DRAWN BY: Survey of Mecklenburg Count 2018-0204 JKM Shopton Road West Townhomes COORDINATES: CHECKED BY CAROLINA Mecklenburg County 2 35.09994, -81.006098 CAG WETLAND SERVICES Charlotte, North Carolina G.\Team Drives\Consulting Team Dnve\2018\2018 Consulting Projects\2018-0204 Shopton Road West\JD\ArcGIS\Figure 4. Current Soil Map. mxd Millers.c Mk AF Mom Roy Cooper. Governor ■n® NC DEPARTMENT OF Susi Hamilton. Secretary ■0100NATURAL AND CULTURAL RESOURCES 0 mom Walter Clark, Director, Land and Water Stewardship N C N H D E-7282 October 15, 2018 Julia McGuire Carolina Wetland Services 550 e Westinghouse Blcd Charlotte, NC 29707 RE: Shopton Road West; 2018-0204 Dear Julia McGuire: 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 indicates that there are records for rare species, important natural communities, natural areas, and/or conservation/managed areas within the proposed project boundary. These results are presented in the attached 'Documented Occurrences' tables and map. The attached 'Potential Occurrences' table summarizes rare species and natural communities that have been documented within a one -mile radius of the property boundary. The proximity of these records suggests that these natural heritage elements may potentially be present in the project area if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile radius of the project area, if any, are also included in this report. If a Federally -listed species is documented within the project area or indicated within a one -mile radius of the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for guidance. Contact information for USFWS offices in North Carolina is found here: hffnc•//%nnnnni f%A/c nnv/nffirac/r)irar-t-nry/I ictnffirac rfm?ctatarnr1a=7Z7 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. Also please note that the NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature Preserve, Registered Heritage Area, Clean Water Management Trust Fund easement, or an occurrence of a Federally -listed species is 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 rodnev.butler@ncdcr.aov or 919-707-8603. Sincerely, NC Natural Heritage Program DEPARTMENT OF NATURAL. AND CULTURAL RESOURCES Q 121 \tip JONES STREET, RALEIGH_ k. i::E CENTER, RALEIC44 NC 27619 P OF', -Page 48 of 61 ' 12721/2016,)121 Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Intersecting the Project Area Shopton Road West Project No. 2018-0204 October 15, 2018 NCNHDE-7282 Element Occurrences Documented Within Project Area Taxonomic EO ID Scientific Name Common Name Last Element Accuracy Federal State Global State Group Observation Occurrence Status Status Rank Rank Date Rank Natural 20861 Dry-Mesic --- 2016-06-10 A 3 -Medium --- --- G4G5 S4 Community Oak --Hickory Forest (Piedmont Subtype) Natural Areas Documented Within Project Area Site Name Representational Rating Collective Rating McDowell Nature Preserve R3 (High) C3 (High) Managed Areas Documented Within Project Area Banaged Area Name Owner Owner Type CD McDowell Nature Preserve Mecklenburg County Local Government McDowell Nature Preserve Dedicated Nature Mecklenburg County Local Government Deserve NOTE: If the proposed project intersects with a conservation/managed area, please contact the landowner directly for additional information. If the project intersects with a Dedicated Nature Preserve (jONP), Registered Natural Heritage Area (RHA), or Federally -listed species, NCNHP staff may provide additional correspondence regarding the project. Igfinitions and an explanation of status designations and codes can be found at https://ncnhde.natureserve.ora/content/help. Data query generated on October 15, 2018; source: NCNHP, Q4 Oct 2018. lzase 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 5 Page 3of5 Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One -mile Radius of the Project Area Shopton Road West Project No. 2018-0204 October 15, 2018 NCNHDE-7282 Element Occurrences Documented Within a One -mile Radius of the Project Area Taxonomic EO ID Scientific Name Common Name Last Element Accuracy Federal State Global State Group Observation Occurrence Status Status Rank Rank Date Rank Butterfly 32080 Pontia protodice Checkered White 2012-10-23 C 4 -Low --- Significantly G5 S1S2 Rare Freshwater Fish29434 Etheostoma collis Carolina Darter 2016-06-08 E 3 -Medium --- Special G3 S3 Concern Natural 29843 Dry-Mesic Basic --- 2016-06-10 C 3 -Medium --- --- G3G4 S3 Community Oak --Hickory Forest (Piedmont Subtype) r4atural 20861 Dry-Mesic --- 2016-06-10 A 3 -Medium --- --- G4G5 S4 gommunity Oak --Hickory Forest o (Piedmont Subtype) tSLatural 3449 Dry Basic --- 2010 C 3 -Medium --- --- G2G3 S2S3 Community Oak --Hickory Forest Natural 20862 Mesic Mixed Hardwood--- 2016-06-10 A 3 -Medium --- --- G3G4 S4 community Forest (Piedmont N Subtype) Natural 1001 Mixed Moisture --- 2010 D 2 -High --- --- G2? S2 Community Hardpan -Forest Natural 16541 Upland Depression --- 2016-06-10 B 3 -Medium --- --- G2G3 S2S3 Community Swamp Forest Natural 743 Upland Depression --- 2006 D 2 -High --- --- G2G3 S2S3 Community Swamp Forest Natural 20863 Xeric Hardpan Forest --- 2010 C 3 -Medium --- --- G2G3 S2 Community (Basic Hardpan Subtype) Vascular Plant 23169 Acmispon helleri Carolina Birdfoot- 2011 Ai 2 -High --- Special G5T3 S3 trefoil Concern Vulnerable Vascular Plant 33842 Collinsonia tuberosa Piedmont Horsebalm 2009-06-24 E 2 -High --- Special G3G4 Sl Concern Vulnerable Page 3of5 Element Occurrences Documented Within a One -mile Radius of the Project Area Taxonomic EO ID Scientific Name Common Name Last Element Group Observation Occurrence Date Rank Vascular Plant 13743 Delphinium exaltatum Tall Larkspur 1800s Hi? Vascular Plant 24534 Echinacea laevigata Smooth Coneflower 2009 Vascular Plant 20622 Helianthus schweinitzii Schweinitz's Sunflower 2017 Vascular Plant 23104 Helianthus schweinitzii Schweinitz's Sunflower 2017 Vascular Plant 36504 Monotropsis odorata Sweet Pinesap 2014-04-22 Vascular Plant 23173 Pseudognaphalium Heller's Rabbit- 1992 2 -High Endangered helleri Tobacco G2G3 Vascular Plant 13864 Silphium Prairie Dock 1999 terebinthinaceum v 'Wascular Plant 23193 Silphium Prairie Dock 2017-07-25 terebinthinaceum 0 ttascular Plant 23181 Symphyotrichum Georgia Aster 2017 georgianum N N loatural Areas Documented Within a One -mile Radius of the Project Area ate Name Representational Rating McDowell Nature Preserve R3 (High) Managed Areas Documented Within a One -mile Radius of the Project Area Managed Area Name Owner Mecklenburg County Open Space Mecklenburg County McDowell Nature Preserve Mecklenburg County McDowell Nature Preserve Dedicated Nature Mecklenburg County Preserve Xi Ai Di F F X? Dr Di Accuracy Federal State Global State Status Status Rank Rank 5 -Very --- Endangered G3 S2 Low 2 -High Endangered Endangered G2G3 S1S2 3 -Medium Endangered Endangered G3 S3 2 -High Endangered Endangered G3 S3 2 -High --- Special G3 S3 Concern Vulnerable 4 -Low --- Significantly G4G5T S3 Rare 3T4 Peripheral 2 -High --- Significantly G4G5 S2 Rare Peripheral 2 -High --- Significantly G4G5 S2 Rare Peripheral 2 -High Candidate Threatened G3 S3 Collective Rating C3 (High) Owner Type Local Government Local Government Local Government Definitions and an explanation of status designations and codes can be found at httos://ncnhde natureserve org/content/help. Data query generated on October 15, 2018; source: NCNHP, Q4 Oct 2018. 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 4 of 5 Co NCNHDE-7282: Shopton Road West October 15, 2018 Project Boundary Buffered Project Boundary Q NHP Natural Area (NHNA) Q Managed Area (MAREA) r f�fti}/,yf�If�/f,.`' .�X r . N wE October 15, 2018 Project Boundary Buffered Project Boundary Q NHP Natural Area (NHNA) Q Managed Area (MAREA) Page 5 of 5 1:25,019 0 0.2 0.4 0.8 mi 0 0.325 0.65 1.3 km Sources: Em NE.RE, G—, Intetttvp.. n .*N P Cap.. GEBCO, USGS. FAO. NPS, NRCAN, Geos , IGN. KJd"W NL, Ord a Survey. Ese Japan, MEn. Esn CMu (Hate K-q).—stapo. O Ope-RV-Wap cmind�bra, ntl M GIS User CamuMy p .e �i �•. a �1, . it A AUK_ti�,r _, e � � 'y rL •i•egt jr ,1P� �,•- •••sem�• � rv`t � � y -\ � 4 +' � r �-.� �� � " t _ .. " Yom`" ' � ✓ I�\ � . ,. 1�' ! •J �M� f .. Iii• r+, ' fit% i _ �. �I!•,"� V - •'0 _ ..� ��: �.i."� 'a'._ c� Awa � �Y• r -R — � •,. �.� . � �� ti � ' �' `� '' � �� . �' ° . -. _ . h � •.fir � :, '-tdt avtc.R t �, •. . _.. ..'. ^r.•'r � f'� .� � w. 33 CC.., � - .., s..- - Shopton Road West Townhomes Attachments December 18, 2018 CWS Project No. 2018-0204 ATTACHMENT F: NC SHPO Correspondence Page 55 of 61 12/21/2018 0. C4 North Carolina Department of Natural and Cultural Resources State Historic Preservation Office Ramona M. Bartos, Administrator Governor Roy Cooper Secretary Susi H. I lamilton November 8, 2018 Bob Wiggins Mattamy Homes Office of Archives and I listory Deputy Secretary Kevin Cherry Re: Develop Shopton Road West Subdivision, Shopton Road West & South Tryon Street, Charlotte, Mecklenburg County, ER 18-3366 Dear Mr. Wiggins: Thank you for your letter of October 16, 2018, request concerning the above project. We have conducted a review of the project and are aware of no historic resources which would be affected by the project. Therefore, we have no comment on the project as proposed. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, contact Renee Gledhill -Earley, environmental review coordinator, at 919-807-6579 or environmental.review(@ncdcr.gov. In all future communication concerning this project, please cite the above referenced tracking number. Sincerely, 60KRamona M. Bartos Location: 109 Bast Janes Street, Raleigh NC 27601 Mailing Address: 4017 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: ()19) 807-4570/807-6599 Page 56 of 61 12/21/2018 Shopton Road West Townhomes Attachments ATTACHMENT G: Photopage Page 57 of 61 12/21/2018 December 18, 2018 CWS Project No. 2018-0204 r, ,r t ' �,�t<,i - •�` __ ,.� .. • ` Vis.... `� "� r��,1`?`.. ^ 4. `'dam 141� I el is Mr- 10�qjll lj� •k .. r i � _�. � r ,, a �: t ti ` ''C- Alm `K ^S Aunt 107 Aq 1*4 - J ..ASK � - a z �•� -`.� • "r �'�..i - .- • . ` X11 �� �;,, ��:� }F4 yet• ► '•^i: r - � +.,_ .'� y y •� .fit �,. �. `�� •+ - Alm 41 �� . � YF; .ria"is. � ' � �j' t .: t �� � t •' � `t � , .