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HomeMy WebLinkAbout20190421 Ver 1_PCN Form Submission_20190402Wetlands and Environmental Planning Group March 22, 2019 Mr. David Shaeffer U.S. Army Corps of Engineers Asheville Regulatory Field Office 151 Patton Avenue, Asheville, NC 28801-5006 Mr. Alan Johnson NCDEQ Division of Water Resources 610 East Center Street, Suite 301, Moorseville, NC 28115 Ms. Karen Higgins NCDEQ Division of Water Resources Wetlands & Storm Water Branch 512 North Salisbury Street, Raleigh, NC 27604 Mr. Byron Hamstead U.S. Fish and Wildlife Service Asheville Field Office 160 Zillicoa Street, Asheville, NC 28801 Leonard S. Rindner, PLLC. Subject: SAW -2019-00117; Pre -Construction Notification for NWP 29 for the Heron Creek site, Charlotte, Mecklenburg County, NC. Ms. Higgins and Messrs. Shaeffer, Johnson, and Hamstead, Enclosed is a request for a Nationwide Permit # 29 for the approximate 45.3 -acre site known as The Heron Creek site located northwest of the intersection of Lebanon Road and Walter Nelson Road in Charlotte, NC. The site is a proposed residential development and consists of seven streams and four wetlands. A preliminary jurisdictional determination was submitted on January 16, 2019 (SAW -2019-00117) and was field -verified by David Shaeffer on March 15, 2019. Please refer to the Jurisdictional Determination section for updated information on onsite surface waters. Charlotte Office: 10612-D Providence Rd. PMB 550 Charlotte, NC 28277 (704)904-2277 len. rindner@wetlands-epg.com www.wetiands-epg.com Asheville Office: 1070 Tunnel Rd., Bldg. I Suite 10, PM 283 Asheville, NC 28805 Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. As shown on the attached exhibits, the proposed project will include impacts to one stream (Stream B) for a road crossing and two small wetland areas (Wetlands J & K) for fill associated with a required road connector and installation of a stormwater bypass. Wetland J is located along a low area where the Town is requiring a connection to the existing Twilight Drive. The roadway elevation will require over 12 feet of fill resulting in an unavoidable impact to Wetland J. Wetland K is located just up gradient of Wetland J. Up -gradient stormwater run-on is required to be bypassed from the internal storm drainage system. Grading and installation of the bypass stormwater system will require an unavoidable impact to Wetland K. Overall impacts to site surface waters associated with the proposed development were limited through site selection location, design, location/orientation of the proposed lots and access routes. Due to the location of Stream B which bisects the site, opportunities to completely avoid this feature were limited. The overall density of the project is low (<22% impervious) and a large portion of the site (16.1 ac = 36% of the site area) will be dedicated to undeveloped green space, much of which will be protected under restrictive covenants according to USACE guidelines. The site is in compliance with stormwater detention and treatment requirements and utilities were located to avoid additional temporary impacts. The total permanent impacts proposed are limited to 0.057 acres of wetland (Wetlands J & K) and 86 linear feet of stream (Stream B). Of these, 10 linear feet of impact will be due to stabilizing riprap installed at existing bed elevations and will not contribute to a Loss -of -Waters of the U.S. Efforts of impact minimization were implemented during the design to preserve the existing channel hydrology and limit adverse effects to existing, onsite natural habitat. A large box culvert is proposed with constructed sills/baffles to create meanders. This additional voluntary construction detail will help reduce stream velocity, improve aquatic habitat function and maintain connectivity through the impacted reach. Large headwalls will be used and sidewalks have been pulled in to the maximum extent in order to keep the crossing as narrow as possible. The culvert will be constructed in a way that will not require additional temporary impacts for access. The applicant has demonstrated substantial avoidance and minimization efforts in which 98.1 % of the 3,735 linear feet of stream channel onsite will be avoided on the project. Due to its somewhat limited habitat functionality and ability to retain water in the floodplain due to being moderately incised, Perennial Stream B scored as a `Medium' in the vicinity of the proposed crossing. Wetland J likewise scored as a "Medium" partially due to its location directly adjacent to a powerline corridor and downslope of residential lots, and discontinuity with the stream downslope. Please refer to the to the NCSAM/WAM forms included in the Jurisdictional Determination section. Based on discussions with the USACE during the 3/15/19 PJD site meeting, the applicant is proposing payment into NCDMS at a 1.75:1 ratio for impacts to 76 linear feet of perennial warm water stream and 0.057 acres of riparian wetland. This ratio takes into consideration that the applicant is proposing to preserve approximately 13.0 acres in perpetuity through Restrictive Covenants in accordance with USACE guidelines. The Restrictive Covenants would be put in place before any impacts would be made and will be submitted as an addendum to the permit application within 90 days of conditional permit approval. Charlotte Office: 10612-D Providence Rd. PMB 550 Charlotte, NC 28277 (704)904-2277 len.rindner at?wetlands-epg.com www.wetlands-epg.com 2 Asheville Office: 1070 Tunnel Rd., Bldg. I Suite 10, PMB 283 Asheville, NC 28805 Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. Also enclosed is a copy of our Threatened/Endangered Species Evaluation for the site. No listed species were identified within the project area and we believe that there will be no effect on listed species or their critical habitat as designated under Section 7 of the Endangered Species Act. Please refer to the Threatened and Endangered Species Evaluation Section for additional details on the terrestrial species evaluation. Thank you for your consideration and please contact me if you have any questions, (336) 554-2728 or email at daniel.kuefler@wetlands-epg.com. Sincerely, Daniel Kuefler Environmental Scientist Charlotte Office: 10612-D Providence Rd. PMB 550 Charlotte, NC 28277 (704)904-2277 len. rindner@wetlands-epg.com www.wetiands-epg.com 3 Len Rindner, PWS Principal Asheville Office: 1070 Tunnel Rd., Bldg. I Suite 10, PM 283 Asheville, NC 28805 DXR -,, pbblen of wafer Resources Pre -Construction Notification (PCN) Form September 29, 2018 Ver 3 Initial Review Has this project met the requirements for acceptance into the review process?* r, Yes r No Is this project a public transportation project?* r Yes O No Change only, if needed. BIMS # Assigned* Version#* 20190421 1 Is a payment required for this project? C No payment required What amout is owed?* r Fee received r $240.00 6 Fee needed - send electronic notification r $570.00 Reviewing Office* Select Project Reviewer* Mooresville Regional Office - (704) 663-1699 Alan Johnson:eads\adjohnson1 Information for Initial Review 1a. Name of project: Heron Creek 1a. Who is the Primary Contact?* Daniel Kuefler 1 b. Primary Contact Email:* daniel.kuefler@vvetiands-epg.com Date Submitted 4/2/2019 Nearest Body of Water Irving Creek Basin Catawba Water Classification C Site Coordinates Latitude: 35.1581 Longitude: -80.6938 tc. Primary Contact Phone:* (336)554-2728 A. Processing Information W County (or Counties) where the project is located: Mecklenburg Is this project a public transportation project?* C Yes G No 1a. Type(s) of approval sought from the Corps: V Section 404 Permit (wetlands, streams and waters, Clean Water Act) r- Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) 1 b. What type(s) of permit(s) do you wish to seek authorization? P Nationwide Permit (MNP) r- Regional General Permit (RGP) r- Standard (IP) 1c. Has the NWP or GP number been verified by the Corps? C Yes G No Nationwide Permit (NWP) Number: NWP Numbers (for multiple NWPS): 1d. Type(s) of approval sought from the DWR: m 401 Water Quality Certification - Regular ❑ Non -404 Jurisdictional General Permit ❑ Individual Permit 29 - Residential Developments 1e. Is this notification solely for the record because written approval is not required? For the record onlyfor DWR 401 Certification: For the record only for Corps Permit: ❑ 401 Water Quality Certification - EVress ❑ Riparian Buffer Authorization 1f. Is this an after -the -fact permit application?* C Yes G No Ig. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? G Yes 6 No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? C Yes C No Acceptance Letter Attachment 5.1 Heron Creek DMS CAT03ESA Acceptance.pdf 89.45KB 1h. lathe project located in any of NC's twenty coastal counties? C Yes G No 1j. Is the project located in a designated trout watershed? C Yes G No B. Applicant Information 1d. Who is applying for the permit? ❑ Owner ® Applicant (other than owner) 1e. Is there an Agent/Consultant for this project? O Yes C No 2. Owner Information 2a. Name(s) on recorded deed: Ann Nelson Eisenhauer at al. 2b. Deed book and page no.: 32086-242 2c. Responsible party: 2d. Address Street Address 114 S Oak point Drive Address Line 2 atY Seneca Fbstal / Zip Code 29672 2e. Telephone Number: (704)553-9744 2g. Email Address:* dan iel. kuefier@v,etla nds-e pg. com 3. Applicant Information (if different from owner) 3a. Name: Brett Manery, VP of Land State / Rmvm / Fbgion SC 0—" USA 2f. Fax Number: C Yes G No 4 Yes G No 3b. Business Name: Meritage Homes of the Carolinas, Inc. 3c.Address Street Address 13925 Ballantyne Corporate Place Address Line 2 Suite 300 CKY Charlotte Postal / Zip Code 28277 3d. Telephone Number: (704)944-8987 3f. Email Address:* Brett.Manery@MeritageFbmes.com State / Province / Region NC Country USA 3e. Fax Number: C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (6 appropriate) 1c. Nearest municipality/town: Charlotte 2. Project Identification 2a. Property Identification Number: 2c. Project Address Street Address Address Line 2 cty Postal / Zip QDde 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* Irving Creek 3b. Water Resources Classification of nearest receiving water:* C 3c. What river basin(s) is your project located in?* Catawba 3d. Please provide the 12 -digit HUC in which the project is located. 030501030104 4. Project Description and History 2b. Property size: 45.3 Slate / Province / Figien Country 4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application:* The site is mostly covered with a secondary growth, disturbed mixed pine/hardwood forest with small scattered clearings. General land use in the vicinity is a mixture undeveloped land and residential developments. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?* O Yes rt No O Unknown 4d. Attach an 81/2 X 11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site. (for DWR) Heron Creek USGS.pdf 157.29KB 4e. Attach an 81/2 X 11 excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. (for DWR) Heron Creek Soil Manu.pdf 376.06KB 4f. List the total estimated acreage of all existing wetlands on the property: 0.095 4g. List the total estimated linear feet of all existing streams on the property: 3735 4h. Explain the purpose of the proposed project,* The project consists of one road crossing, grading, fill & BMPs for a residential development. 41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* Excavation and grading of the site will use standard equipment - excavator, dump trucks, track hoe, etc. 4j. Please upload project drawings for the proposed project. 8. Heron Creek Stream Crossing 6diibits - 3-14-19.pdf 2.39MB 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas? O Yes 0 No 0 Unknown Comments: 5b. If the Corps made a jurisdictional determination, what type of determination was made?* O Preliminary 0 Approved 0 Not Verified 0 Unknown 0 WA Corps AID Number: SAW -2019-00117 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Nic Nelson Agency/Consultant Company: WEPG Other: 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR A Preliminary Jurisdictional Determination request was submitted on 01/16/19 (SAW -2019-00117) and was field -verified by David Shaeffer (USACE) on 03/15/19. 5d1. Jurisdictional determination upload 10. Del Map DKedits 111218.pdf 445.5KB 12. Walter Nelson Photo Log.pdf 4.48MB 13. NCSAM NCWAM.pdf 98.56KB 6. Future Project Plans 6a. Is this a phased project?* 0 Yes 0 No Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed projector related activity? No D. Proposed Impacts Inventory U 1. Impacts Summary 1a. Where are the impacts associated with your project? (check all that apply): m Wetlands ® Streams -tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction 2. Wetland Impacts 2a1 Reason(?) 2b. Impact type * (?) 2c. Type of W. 2d. W. name * 2e. Forested* 2f. Type of 2g. Impact Jurisdicition*(?) area* W1 fill P Bottomland Hardwood Forest Wetland K � Corps 0.004 (acres) W2 fill P Bott 2g. Total Temporary Wetland Impact 2g. Total Permanent Wetland Impact 0.000 0.057 2g. Total Wetland Impact 0.057 2h. Comments: Wetland J is located along a low area at a proposed roadway that the Town is requiring a connection to e>asting Twilight Drive. The roadway elevation is over 12 feet of fill which causes an unavoidable impact to Wetland J. Wetland K is located just up gradient of Wetland J. Up gradient stormwater runon is required to be bypassed from the internal storm drainage system. omland Hardwood Forest Wetland J Yes Corps 0.053 (acres) 2g. Total Temporary Wetland Impact 2g. Total Permanent Wetland Impact 0.000 0.057 2g. Total Wetland Impact 0.057 2h. Comments: Wetland J is located along a low area at a proposed roadway that the Town is requiring a connection to e>asting Twilight Drive. The roadway elevation is over 12 feet of fill which causes an unavoidable impact to Wetland J. Wetland K is located just up gradient of Wetland J. Up gradient stormwater runon is required to be bypassed from the internal storm drainage system. 3. Stream Impacts 31. Total jurisdictional ditch impact in square feet: 31. Total permanent stream impacts: 86 31. Total stream and ditch impacts: 86 3j. Comments: 31. Total temporary stream impacts: Of the impacts required for the single road crossing on site, 10 If will be due to rip rap installed at existing elevations and will not contribute to a Loss- of - Waters of the U.S. E. Impact Justification and Mitigation u 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: Due to the location of the on site streams and wetland, opportunities to avoid these areas were limited. Impacts to site surface waters associated with the proposed development were limited through site selection location, design, location/orientation of the proposed lots and access routes. A large portion of the site (13.0 ac = 30% of site area) will be dedicated to undeveloped green space protected under restrictive covenants in accordance with USACE guidance. Utilities were located to avoid any additional temporary impacts. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Construction techniques will implement approved erosion control methods to avoid/minimize impacts to onsite/adjacent offsite receiving conveyances. A large box culvert is proposed with constructed baffles to provide aquatic habitat function and maintain connectivity through the impacted reach. Large headwalls are used and the side walks were pulled in to the maAmum possible extent in order to keep the crossing as narrow as possible, and the culvert will be constructed in a way the will not require additional temporary impacts for access. 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? O Yes 4 No 2c. If yes, mitigation is required by (check all that apply): ❑ DWR ® Corps 2d. If yes, which mitigation option(s) will be used for this project? ❑ Mitigation bank ® Payment to in -lieu fee ❑ Permittee Responsible program Mitigation 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. O Yes d No 4b. Stream mitigation requested: (linear feet) 76 4d. Buffer mitigation requested (DWR only): (square feet) 4f. Non -riparian wetland mitigation requested: (acres) 0.057 4h. Comments 4c. If using stream mitigation, what is the stream temperature: warm 4e. Riparian wetland mitigation requested: (acres) 4g. Coastal (tidal) wetland mitigation requested: (acres) Based on discussions with USACE during the 3/15/19 site visit, a 1.75:1 ratio is proposed. F. Stormwater Management and Diffuse Flow Plan (required by DWR) 3a. Reason for impact (?) type * 3c. Type of impact * 3d. S. name * 3e. Stream Type * 3f. Type of 3g. S. width * 3h. Impact F 713b.lmpact (?) Jurisdiction* length* S1 Road CrossingPermanent Culvert Stream B Perennial DWR 5 71 Average (feet) (Ingfeet) S2 Road CrossingPermanent Bank Stabilization Stream B Perennial DWR 5 5 Average (feet) (lir>�rfeet) S3 Road Crossing g Permanent Rip Ra Fill p p Stream B Perennial DWR 5 10 Aver�e(feet) (lir>ear feet) 31. Total jurisdictional ditch impact in square feet: 31. Total permanent stream impacts: 86 31. Total stream and ditch impacts: 86 3j. Comments: 31. Total temporary stream impacts: Of the impacts required for the single road crossing on site, 10 If will be due to rip rap installed at existing elevations and will not contribute to a Loss- of - Waters of the U.S. E. Impact Justification and Mitigation u 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: Due to the location of the on site streams and wetland, opportunities to avoid these areas were limited. Impacts to site surface waters associated with the proposed development were limited through site selection location, design, location/orientation of the proposed lots and access routes. A large portion of the site (13.0 ac = 30% of site area) will be dedicated to undeveloped green space protected under restrictive covenants in accordance with USACE guidance. Utilities were located to avoid any additional temporary impacts. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Construction techniques will implement approved erosion control methods to avoid/minimize impacts to onsite/adjacent offsite receiving conveyances. A large box culvert is proposed with constructed baffles to provide aquatic habitat function and maintain connectivity through the impacted reach. Large headwalls are used and the side walks were pulled in to the maAmum possible extent in order to keep the crossing as narrow as possible, and the culvert will be constructed in a way the will not require additional temporary impacts for access. 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? O Yes 4 No 2c. If yes, mitigation is required by (check all that apply): ❑ DWR ® Corps 2d. If yes, which mitigation option(s) will be used for this project? ❑ Mitigation bank ® Payment to in -lieu fee ❑ Permittee Responsible program Mitigation 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. O Yes d No 4b. Stream mitigation requested: (linear feet) 76 4d. Buffer mitigation requested (DWR only): (square feet) 4f. Non -riparian wetland mitigation requested: (acres) 0.057 4h. Comments 4c. If using stream mitigation, what is the stream temperature: warm 4e. Riparian wetland mitigation requested: (acres) 4g. Coastal (tidal) wetland mitigation requested: (acres) Based on discussions with USACE during the 3/15/19 site visit, a 1.75:1 ratio is proposed. F. Stormwater Management and Diffuse Flow Plan (required by DWR) 1. Diffuse Flow Plan 1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? r Yes r No If no, explain why: 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? rYes rNo 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? r, Yes rNo Comments: The project overall imperviousness is 21.8% Storm water on the site will be handled by facilities shown on the attached plans. The stormwater plan has not yet been submitted to Mecklenburg County but will be designed to meet their criteria. G. Supplementary Information 1. Environmental Documentation 1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?* r Yes r No 2. Violations (DWR Requirement) 2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H.0500), Isolated Wetland Rules (15A NCAC 2H.1300), or DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15A NCAC 2B.0200)?* r Yes r No 3. Cumulative Impacts (DWR Requirement) 3a. Will this project result in additional development, which could impact nearby downstream water quality?* r Yes O No 3b. If you answered "no," provide a short narrative description. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* rYesrNor,wA 4b. Describe, in detail, the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated at a treatment plant, list the capacity available at that plant. Wastewater generated on the site will be transported to the nearest treatment facility via sewer lines. 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or habitat?* r Yes M No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* r Yes M, No 5d. Is another Federal agency involved?* r Yes G No r Unknown 5e. Is this a DOT project located within Division's 1-8? r Yes r No 5f. Will you cut any trees in order to conduct the work in waters of the U.S.? C Yes r No 5g. Does this project involve bridge maintenance or removal? r Yes O No 5h. Does this project involve the construction/installation of a wind turbine(s)?* r Yes r No 51. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.? r Yes r No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? A threatened/Endangered species assessment was conducted in which no species were identified. Habitat does epst for the Northern Long Eared Bat but the project is exempt as noted in the included T&E report. Consultation Documentation Upload 16. Heron Creek (Walter Nelson) T&E JULY 2018.pdf 231.27KB 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?* O Yes r No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?* No essential fish habitat in this region. 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 status?* r Yes r No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* SHPO's website: http://gis.ncdcr.gov/hpovoeb/ 7c. Historic or Prehistoric Information Upload 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA -designated 100 -year floodplain?* O Yes r No 8c. What source(s) did you use to make the floodplain determination?* http://polaris3g.mecldenburgcountync.gov ; www.fema.gov Miscellaneous Comments Enclosed is a request for a Nationwide Permit # 29 for the approximate 45.3 -acre site known as The Heron Creek site located northwest of the intersection of Lebanon Road and Walter Nelson Road in Charlotte, NC. The site is a proposed residential development and consists of seven streams and four wetlands. A preliminary jurisdictional determination was submitted on January 16, 2019 (SAW -2019-00117) and was field -verified by David Shaeffer on March 15, 2019. Please refer to the Jurisdictional Determination section for updated information on onsite surface waters. As shown on the attached exhibits, the proposed project will include impacts to one stream (Stream B) for a road crossing and two small wetland areas (Wetlands J & K) for fill associated with a required road connector and installation of a stormwater bypass. Wetland J is located along a low area where the Town is requiring a connection to the existing Twilight Drive. The roadway elevation will require over 12 feet of fill resulting in an unavoidable impact to Wetland J. Wetland K is located just up gradient of Wetland J. Up -gradient stormwater run-on is required to be bypassed from the internal storm drainage system. Grading and installation of the bypass stormwater system will require an unavoidable impact to Wetland K. Overall impacts to site surface waters associated with the proposed development were limited through site selection location, design, location/orientation of the proposed lots and access routes. Due to the location of Stream B which bisects the site, opportunities to completely avoid this feature were limited. The overall density of the project is low (<22% impervious) and a large portion of the site (16.1 ac = 36% of the site area) will be dedicated to undeveloped green space, much of which will be protected under restrictive covenants according to USACE guidelines. The site is in compliance with stormwater detention and treatment requirements and utilities were located to avoid additional temporary impacts. The total permanent impacts proposed are limited to 0.057 acres of wetland (Wetlands J & K) and 86 linear feet of stream (Stream B). Of these, 10 linear feet of impact will be due to stabilizing riprap installed at existing bed elevations and will not contribute to a Loss -of -Waters of the U.S. Efforts of impact minimization were implemented during the design to preserve the existing channel hydrology and limit adverse effects to existing, onsite natural habitat. A large box culvert is proposed with constructed sills/baffles to create meanders. This additional voluntary construction detail will help reduce stream velocity, improve aquatic habitat function and maintain connectivity through the impacted reach. Large headwalls will be used and sidewalks have been pulled in to the maximum extent in order to keep the crossing as narrow as possible. The culvert will be constructed in a way that will not require additional temporary impacts for access. The applicant has demonstrated substantial avoidance and minimization efforts in which 98.1 % of the 3,735 linear feet of stream channel onsite will be avoided on the project. Due to its somewhat limited habitat functionality and ability to retain water in the floodplain due to being moderately incised, Perennial Stream B scored as a'Medium' in the vicinity of the proposed crossing. Wetland J likewise scored as a "Medium" partially due to its location directly adjacent to a powerline corridor and downslope of residential lots, and discontinuity with the stream downslope. Please refer to the to the NCSAM/WAM forms included in the Jurisdictional Determination section. Based on discussions with the USACE during the 3/15/19 PJD site meeting, the applicant is proposing payment into NCDMS at a 1.75:1 ratio for impacts to 76 linear feet of perennial warm water stream and 0.057 acres of riparian wetland. This ratio takes into consideration that the applicant is proposing to preserve approximately 13.0 acres in perpetuity through Restrictive Covenants in accordance with USACE guidelines. The Restrictive Covenants would be put in place before any impacts would be made and will be submitted as an addendum to the permit application within 90 days of conditional permit approval. Also enclosed is a copy of our Threatened/Endangered Species Evaluation for the site. No listed species were identified within the project area and we believe that there will be no effect on listed species or their critical habitat as designated under Section 7 of the Endangered Species Act. Please refer to the Threatened and Endangered Species Evaluation Section for additional details on the terrestrial species evaluation. Thank you for your consideration and please contact me if you have any questions, (336) 554-2728 or email at daniel.kuefler@wetlands-epg.com. Miscellaneous attachments not previously requested. 7. Typical Maps.pdf 18. Wilmington District Guidance restrictive_covenants8-03.pdf Heron Creek Cover Letter.pdf Signature m By checking the box and signing below, I certify that: 1.47MB 78.32KB 108.35KB . I have given true, accurate, and complete information on this form; • I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); • I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); • I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND • I intend to electronically sign and submit the PCN form. Full Name: Daniel Kuefler Signature Date 4/2/2019 Wetlands and Environriental Planning Group Leonard S. Rindner, PLLC. Agent Authorization Letter The purpose of this form is to authorize our firm to act on your behalf in matters related to aquatic resource (i.e. stream/wetlands) identification/mapping and regulatory permitting. The undersigned, who are either registered property owners or legally authorized to conduct due diligence activities on the property as identified below, do hereby authorize associates of Leonard S. Rindner, PLLC, Wetlands and Environmental Planning Group (WEPG) to act on my behalf and take all actions necessary for the processing, issuance, and acceptance of applicable permit(s) and/or certification(s). Project/Site Name: Heron Creek site Property Address: 3799 Walter Nelson Road, Charlotte, NC, 28227 Parcel Identification Number (PIN): 1353120 Select one: I am an interested buyer/seller Name: Brett Manery, VP of Land Company: Meritage Homes of the Carolinas, Inc. Mailing Address: 13925 Ballantyne Corporate Place, Suite 300, Charlotte, NC 28277 Telephone Number: 704.944.8987 Electronic Mail Address: Brett.Manery@MeritageHomes.com Owner n erested Buyer /Other` Date * The Interested Buyer/Other acknowledges that an agreement and/or formal contract to purchase and/or conduct due diligence activities exists between the current property owner and the signatory of this authorization in cases where the property is not owned by the signatory, Charlotte Office: www.wetlands-epg.com Asheville Office: 10612-D Providence Rd. 1070 Tunnel Rd.,Bldg. I PMB 550 Suite 10, PMB 283 Charlotte, NC 28277 Asheville, NC 28805 (704)904-2277 len.rindner@wetlands-epg.com ROY COOPER Governor MICHAEL S. REGAN secretary TIM BAUMGARTNER. Dfrerlor Brett Manery Meritage Homes of the Carolinas 13925 Ballantyne Corporate Place Charlotte, NC 28277 Project: Heron Creek NORTH CAROLINA Envftwu Cental Quality March 4, 2019 Expiration of Acceptance: 9/4/2019 County: Mecklenburg The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to accept payment for compensatory mitigation for impacts associated with the above referenced project as indicated in the table below. Please note that this decision does not assure that participation in the DMS in - lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will be approved. You must also comply with all other state, federal or local government permits, regulations or authorizations associated with the proposed activity including G.S. § 143-214.11. This acceptance is valid for six months from the date of this letter and is not transferable. If we have not received a copy of the issued 404 Permit/401 Certification within this time frame, this acceptance will expire. It is the applicant's responsibility to send copies of the permits to DMS. Once DMS receives a copy of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the in -lieu fee to be paid by an applicant is calculated based upon the Fee Schedule and policies listed on the DMS website. Based on the information supplied by you in your request to use the DMS, the impacts for which you are requesting compensatory mitigation credit are summarized in the following table. The amount of mitigation required and assigned to DMS for this impact is determined by permitting agencies and may exceed the impact amounts shown below. River Basin Impact Lacation Impact Type Impact Quantity 8 -di it HUC Catawba 03050103* Warm Stream 100 *DMS proposes to utilize the Catawba 03 Expanded Service Area to meet the mitigation requirement. 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. Sincerely, James. B Stanfill Assr4zp Management Supervisor cc: Daniel Kuefler, agent Q EQ;N.0ow Not th Carolina Department of Environmental Quality I Division of Mitigation Services 217 W. Jones Street 11652 Mail Service Center I Raleigh, North Carolina 27699-1652 919.1078976 C G, t Highic- 's 5choa� q 4 m 4 k, kaie Mk3t H& le 1; Schouu FIGURE NO. 1 m fr r� 3��� sr�Lrr�r �4L1RSH31isDG'Kt TAs Morning Sta y3" , Matthews P Pine Lake Coimtry Club APPROXIMATE PROJECT BOUNDARY STUDY LIMITS r,411 t' 1t''lp 0 rd WALTER NELSON Mecklenburg Co., INC Mint Hill " J Hei Drawn By: Reviewed By: NRN LSR DATE: VICINITY MAP - WATERS OF THE U.S. EXISTING CONDITIONS STUDY 2/22/18 SUBJECT TO USACE/NCDEQ VERIFICATION LTD:4 ; IL Wetlands and Envlronnnrentd Planning Group Leonard $. Pjrkd'ner, PLLC- len.rindner@w,etlands-epg.com ,(704) 904-2277 www. we#lands-epg.rQm Be 4L `*ter ia . ■ is jJti *+ * I L 1h1 a rk •• _ �• <ti :y • „ F 1 a. it r � �._ m 77 Ae dh q. 1 i 4 yp . Rr iY�. 1 ++ 4 ■ °9 1° -.4 �+``y 5�-�7 l NG 7 �ti I CREEK , qS _y5 I 1 ' �• " � IT � I 'i APPROXIMATE I _ ti .q ■tom-4' PROPERTY BOUNDARY r ■ ffff �_ STUDY LIMITS `' pp . �.. �. iP� �� �'. 5,h ; _ .^` A. ~ �.�A y �, ��.... 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LOCATION SCALE Lat: 35.1581 °N Long: -80.6938 °W USGS QUAD ACRES HUC: 03050103 Mint Hill, NC 46.5 SUGAR CREEK Ln FIGURE NO.3 WALTER NELSON Drawn By: Reviewed By: CA /C [) f'" Mecklenburg Co., NC NRN LSR USGS MAP DATE: - WATERS OF THE U.S. - 2/22/18 EXISTING CONDITIONS STUDY SUBJECT TO USACE VERIFICATION f IN e M. 0 FIGURE NO. 4 WALTER NELSON Mecklenburg Co., NC NRCS PUBLISHED SOILS MAP -WATERS OF THE U.S.- EXISTING CONDITIONS STUDY SUBJECT TO NCDEQ VERIFICATION Drawn By: Reviewed By: NRN LSR DATE: 2/22/18 / Map Unit Symbol Map Unit Name Acres in AOI Percent of AOI CeK Cecil sandy clay loarn, 214 8 22.4 44.8% percent slopes, mcderelel y eroded Ce D2 Cecil sandy clay [spam, 8 to 15 15.5 31.1 % percent slopes, moderately eroded MD Monacan loam, B to 2 percent 6.8 13.0% stapes, frequently flooded pap Pacolat sandy loam. 15 to 25 5.1 10.1 % percent slopes Totals for Area of Interest 50_0 1100_0fib FIGURE NO. 4 WALTER NELSON Mecklenburg Co., NC NRCS PUBLISHED SOILS MAP -WATERS OF THE U.S.- EXISTING CONDITIONS STUDY SUBJECT TO NCDEQ VERIFICATION Drawn By: Reviewed By: NRN LSR DATE: 2/22/18 / �7~ • ..4 Lr ,� si. r - '-ate -a '' ��/i .�.. r s � .... fir' '� ���• . �, i�+ �r 4w 0 AO Owl - .y '`'" `_� � .�` t- �-�•+''p r _ ��" ' - ,fir. -Y�c `' '" - - iS Y (J i�L• tJl�1 1 f 6 Y, Mr - 2 * jig r.• �.k i `,�,. }tk.a �'' { {� .,,¢ ..��h�tK, : it -i F >S. � ✓� �, 1. a eAil y r w IN i A.1 7:;�Ar4 NON -JURISDICTIONAL - PHOTO 5 NON -JURISDICTIONAL SWALE - PHOTO 6 Walter Nelson 111IE PG Mecklenburg Co., NC -2/22/18 Wetlands and Environmental Planning Group Leonard 5_ Rindner. PLLC. NCSAM / NCWAM Assessments I i._ INTERMITTENT' STREAM Dr]Y NCDEQ * ,'•p : f -125 If STREAM - t,_1: FORM D . ° wr° •°• ',pro_, PROJECT BOUNDARY �L ,. STUDY LIMITS _ 2 NCDEQ STREAM __— 46.5 (+/-) acres . FORM B r' i J INTERMITTENT r� W STREAM E * -30 1f INTERMITTENT STREAM H -20 1f _ INTERMITTENT • -� STREAM C 375 If PERENNIAL STREAM B 400 If - INTERMITTENT STREAM F , -125 If 4 PERENNIAL STREAM A Ox Bowr , _f. 4 5 3 USACE tt�r ' PERENNIAL-- q LEGEND Project boundary study limits TAND STREAM A^ 5751f /"V Stream r' • Welland i 5 WETLAND G PIPE . , 7-\. Vti Landscape photoldirection -0.1 ac USACE UPLAND EXISTING SCM FORM DPI NCDEQ VERIFICATION 3/22/18 WIT! 0 ` Offsite FIGURE NO. WALTER NELSON Drawn By: Reviewed Mecklenburg Co., NC NRN LSR • DATE. DELINEATION MAP -WATERS OF THE U.S.- 9/26/18 Updated 11/12/1 - EXISTING CONDITIONS STUDY SUBJECT TO USACE VERIFICATION Be 4L `*ter ia . ■ is jJti *+ * I L 1h1 a rk •• _ �• <ti :y • „ F 1 a. it r � �._ m 77 Ae dh q. 1 i 4 yp . Rr iY�. 1 ++ 4 ■ °9 1° -.4 �+``y 5�-�7 l NG 7 �ti I CREEK , qS _y5 I 1 ' �• " � IT � I 'i APPROXIMATE I _ ti .q ■tom-4' PROPERTY BOUNDARY r ■ ffff �_ STUDY LIMITS `' pp . �.. �. iP� �� �'. 5,h ; _ .^` A. ~ �.�A y �, ��.... '� � , •.ill fx d. qL IL , A 0 ( , It P ti. LOCATION SCALE Lat: 35.1581 °N Long: -80.6938 °W USGS QUAD ACRES HUC: 03050103 Mint Hill, NC 46.5 SUGAR CREEK Ln FIGURE NO.3 WALTER NELSON Drawn By: Reviewed By: CA /C [) f'" Mecklenburg Co., NC NRN LSR USGS MAP DATE: - WATERS OF THE U.S. - 2/22/18 EXISTING CONDITIONS STUDY SUBJECT TO USACE VERIFICATION Map Unit Symbol Map Unit Name Acros in A01 Percent of ACI C9B2 Cecil sandy clay toam, 2 to B __ 44.8% percent slopes, moderately eroded CeD2 Cecil sandy clay loam, 8 to i5 15.6 31.1°# percent slopes, moderately eroded M0 Monacan loam, a to 2 percent 6.8 13.9°# slopes, frequerrdy Ilno,ded pap Pacolet sandy loam, 166 to 25 b percent slopes Totals for Area of Interest 54.4 104.4°. FIGURE NO.4 1 1 WALTER NELSON I Drawn By: Reviewed By: Mecklenburg Co., NC I NRN I LSR DATE: NRCS PUBLISHED SOILS MAP -WATERS OF THE U.S.- 2/22/18 EXISTING CONDITIONS STUDY SUBJECT TO NCDEQ VERIFICATION RESTRICTIVE COVENANT GUIDANCE August, 2003 Often, developers of residential or commercial subdivisions subject the property on which the subdivision is built to restrictive covenants, that include provisions such as setbacks, types of homes/buildings that can be built, etc. If the District has determined that restrictive covenants are acceptable as a means of preserving mitigation property, the following language can be added to those restrictive covenants: "The areas shown on the recorded plat (identify the plat by title, date, and recording data) as conservation areas shall be maintained in perpetuity in their natural or mitigated condition. No person or entity shall perform any of the following activities on such conservation area: a. fill, grade, excavate or perform any other land disturbing activities b. cut, mow, burn, remove, or harm any vegetation c. construct or place any roads, trails, walkways, buildings, mobile homes, signs, utility poles or towers, or any other permanent or temporary structures d. drain or otherwise disrupt or alter the hydrology or drainage ways of the conservation area e. dump or store soil, trash, or other waste £ graze or water animals, or use for any agricultural or horticultural purpose This covenant is intended to ensure continued compliance with the mitigation condition of a Clean Water Act authorization issued by the United States of America, U.S. Army Corps of Engineers, Wilmington District, Action ID , and therefore may be enforced by the United States of America. This covenant is to run with the land, and shall be binding on the Owner, and all parties claiming under it." Usually, restrictive covenants have a provision that the property owners (either all of them or some percentage of them) can amend or modify the restrictive covenants. If that is the case, that provision needs to provide that our required paragraph (usually identified by paragraph number) cannot be amended without the express written consent of the U. S. Army Corps of Engineers, Wilmington District. The permit condition should state that the permittee will record restrictive covenants, acceptable to the Corps of Engineers, for the purpose of maintaining the mitigation areas in their natural state in perpetuity, prior to the sale or conveyance of any lots or other property within the subdivision. It is important that the restrictions be recorded prior to the sale of any property within the subdivision (or phase, if it is being developed by phase). If they are not, then any property sold prior to the recording of the restrictive covenant are not subject to those covenants. Suggest the following: "Permittee shall execute and cause to be recorded in the County Register of Deeds restrictive covenants acceptable to the Corps of Engineers for the purpose of maintaining the conservation areas, as shown on the recorded plat* (identify by title, date, and recording data), in their natural state in perpetuity, prior to the sale or conveyance of any lots or other property within the subdivision. The permittee shall enforce the terms of the restrictive covenants and, prior to conveyance of the property, shall take no action on the property described in the covenants inconsistent with the terms thereof. The permittee shall provide a copy of the recorded restrictive covenants to the Corps of Engineers within 15 days of recording." * It is possible and acceptable that the plat may not be recorded at the time of the issuance of the permit. If that is the case, delete the word "recorded" and be sure you have a copy of a plat showing the conservation areas in the file, and identify it in the permit condition by title and date. The plat, however, must be recorded at the time the restrictive covenants are recorded, and prior to the sale of any lots in the subdivision. 2 Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. Threatened / Endangered / Protected Species Evaluation For Heron Creek Mecklenburg County, North Carolina By: Lisa R. Gaffney July 23, 2018 Charlotte Office: www.wetiands-epg.com Asheville Office: 10612-D Providence Rd. 1070 Tunnel Rd., Bldg. I PMB 550 Suite 10, PMB 283 Charlotte, NC 28277 Asheville, NC 28805 (704) 904-2277 I en. ri nd ner@wet Ian ds -epg. co m Heron Creek - Threatened / Endangered / Protected Species Evaluation GENERAL LANDSCAPE DESCRIPTION: The Heron Creek site (46.5 acres) is located just west/northwest of Walter Nelson Road, west of Lebanon Road, and south of Irvins Creek in Charlotte, North Carolina. It can be found on the Mint Hill, NC USGS Topographic Quadrangle Map; latitude is 35.1581 N, longitude is -80.6938 W. The topography consists of upland flat grading into gentle slopes, with the elevation ranging from 650 to 710 ft. (Figure 1). The site is covered with a secondary growth, disturbed mixed pine/hardwood forest. Figure 1: Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. Heron Creek - Threatened / Endangered / Protected Species Evaluation METHODOLOGY: The US Fish and Wildlife Service website http://www.fws.gov/endangered/ was referenced to determine the occurrence of Threatened, Endangered and Protected species for Mecklenburg County North Carolina, the results of which are listed below (Table 1). Maps and aerial photographs were assembled, and the site was investigated on July 20, 2018. Table 1: Threatened / Endangered / Protected Species listed for Mecklenburg County County: Mecklenburg, NC *Source: US Fish & Wildlife Service **Data search on July 19, 2018 Group Name Status Record Status Invertebrate Carolina Heelsplitter (Lasmipona Endangered Current decorata Invertebrate Rusty -patched Bumble Bee Endangered Historic (Bombus affinis) Vascular Plants Smooth Coneflower (Echinacea Endangered laevi ata Vascular Plants Schweinitz's Sunflower (Helianthus Endangered schweinitzh) Vascular Plants Michaux's Sumac (Rhus michauxii) Endangered Vertebrate Northern Long -Eared Bat (Mvotis sententrionalisl Vertebrate Bald Eagle (Ha/iaeetus leucoce,ohalus) Threatened Current Current Current Probable/Potential Protected under the Bald Current and Golden Eagle Protection Act Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. Heron Creek - Threatened / Endangered / Protected Species Evaluation Three plant species with federal protection were included in the survey efforts: • Schweinitz's Sunflower (Helianthus schweinitzit), listed as Federally Endangered, is typically found in open habitats which historically have been maintained by wildfires and grazing bison and elk herds. Now most occurrences are limited to roadsides, woodland and field edges, and utility rights-of-way (ROW). • Smooth Coneflower (Echinacea laevigata), listed as Federally Endangered, is typically found in open woods, cedar barrens, roadsides, clear cuts, dry limestone bluffs and power line rights-of-way, requiring abundant sunlight and little competition from other plant species. • Michaux's Sumac (Rhus michauxit), listed as Federally Endangered, requires habitat of sandy forests and woodland edges. This species requires periodic fire as a part of its ecology. A total of four animal species with federal protection are listed as potentially occurring in Mecklenburg County: • Bald Eagle (Haliaeetus leucocephalus), protected by the Bald and Golden Eagle Protection Act, typically inhabits forested areas near large bodies of open water such as lakes, marshes, seacoasts and rivers, where there are suitable fish populations and tall trees for nesting and roosting. • Carolina Heelsplitter (Lasmigona decorata), listed as Federally Endangered, is restricted to cool, clean, well -oxygenated water. Stable, silt- free stream beds are required for this species. Typically stable areas occur where the stream banks are well -vegetated with trees and shrubs. • Northern Long-eared Bat (Myotis septentrionalis), listed as Federally Threatened. During summer, northern long-eared bats roost singly or in colonies underneath bark, in cavities, or in crevices of both live and dead trees. Males and non -reproductive females may also roost in cooler places, like caves and mines. It has also been found, rarely, roosting in structures like barns and sheds. Northern long-eared bats spend winter hibernating in caves and mines, called hibernacula. • Rusty -patched Bumble Bee (Bombus affinis), listed as Federally Endangered, live in colonies that include a single queen and female workers. Rusty -patched Bumble Bees historically occupied grasslands and tallgrass prairies. Bumble bees need areas that provide nectar and pollen from flowers, nesting sites (underground and abandoned rodent cavities or clumps of grasses), and overwintering sites for hibernating queens (undisturbed soil). ' L Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. Heron Creek - Threatened / Endangered / Protected Species Evaluation RESULTS: The site is covered with a secondary growth, disturbed mixed pine/hardwood forest. The forest cover is dominated by pines on the uplands, and grades into dry-mesic mixed hardwoods on the lower slopes. Canopy species include Loblolly Pine (Pinus taeda), Short -leaf Pine (P. echinata), Virginia Pine (P. virginianus), White Oak (Q. alba), Southern Red Oak (Q. falcata), Post Oak (Q. stellata), Sweet Gum (Liquidambar styraciflua), Sycamore (Platanus occidentalis), Tulip Poplar (Liriodendron tulipifera), and Red Maple (Acerrubra). Understory species includes Red Cedar (Juniperus virginiana), Sourwood (Oxydendrum arboreum), Ironwood (Carpinus caroliniana), Flowering Dogwood (Cornus florida), and American Holly (Ilex opaca). The shrub layer includes Russian Olive (Elaeagnus umbellata), Chinese privet (Ligustrum sinense), Spicebush (Lindera benzoin), and Blueberry (Vaccinium spp.). Vines observed were Japanese Honeysuckle (Lonicera japonica), Muscadine (Vitis rotundifolia), Poison Ivy (Toxicodendron radicans), Virginia Creeper (Parthenocissus quinquefolia), and Catbrier (Smilax sp.). The herb layer is sparse and includes Christmas Fern (Polystichum acrostichoides), Spotted Wintergreen (Chimaphila maculata), Japanese Stiltgrass (Microstegium vimineum), River Oats (Chasmanthium latifolium), False Nettle (Boehmeria cylindrica), and Knotweed (Polygonum sp.). There are two small overhead power line right's -of -way near the northern boundary of the site. These narrow open corridors have been sprayed with herbicide to kill woody species and are dominated by common herbaceous species including Sericea Lespedeza (Lespedeza cuneata), Ragwort (Packers sp.), Indian Hemp (Apocynum cannabinum), Goldenrod (Solidago sp.), Ragweed (Ambrosia artemisiifolia), Pokeweed (Phytolacca americana), Rabbit Tobacco (Gnapthalium obtusifolium), Beggars Ticks (Desmodium sp.), and Dogfennel (Eupatorium capillifolium). Threatened & Endangered/Protected Species Results • All potential habitats for Schweinitz's Sunflower, Michaux's Sumac and Smooth Coneflower along the power line rights-of-way and woods edges were examined and none of these species were present. • No habitat exists on the site for Bald Eagles, and there were no sightings nor were any nesting sites observed. • The on-site streams do not have the habitat characteristics required to support populations of the Carolina Heelsplitter. Based on existing documentation, Carolina Heelsplitter populations have not been previously identified within this basin. No individuals were observed during the survey nor would any be expected on-site. Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. Heron Creek - Threatened / Endangered / Protected Species Evaluation • Comparing this site location to the USFWS Asheville office's website (http://www.fws.gov/asheville/htmis/promect review/NLEB in WNC.html) it appears that the site meets the "exempt" criteria which requires no further action under section 7 of the Endangered Species Act for the Northern Long-eared Bat. • Comparing this site location to the USFWS Range Map for Rusty -patched Bumble Bee (https://www.fws.gov/midwest/endangered/insects/rpbb/rpbbmap. html ) Mecklenburg County is in its Historic Range, and as such, Section 7 consultation is not needed. WEPG concludes that Rusty -patched Bumble Bee is not present. RECOMMENDATIONS: Based on the site investigation and the review of available data, WEPG did not identify any protected species occurring on the subject property. No further investigation of the presence of protected species on this site is recommended at this time. Respectfully submitted, 044z, # 1*e�l Lisa R. Gaffney Biologist July 23, 2018 Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. Heron Creek - Threatened / Endangered / Protected Species Evaluation Curriculum Vitae for: Lisa R. Gaffney Biologist / Botanist B.S. Biology, University of North Carolina at Charlotte Ms. Gaffney is a classically trained Botanist and has conducted field work and investigative studies covering thousands of cumulative acres in both North and South Carolina since 1996, including: • Cabarrus County NC Natural Heritage Inventory 1997-1998. Organized, directed, and worked in field survey of natural areas in Cabarrus County for the North Carolina Natural Heritage Program. • Lincoln County NC Natural Heritage Inventory 2000-2001. Organized, directed, and worked in field survey of natural areas in Lincoln County for the North Carolina Natural Heritage Program. • Threatened and Endangered Species Surveys and Natural Communities Evaluation for over 45,000 acres in North and South Carolina, 1996 - present. • Located and identified at least six previously unreported populations of Federally Endangered Schweinitz's Sunflower (Helianthus schweinitzh). • Located and identified four previously unreported populations of Threatened Dwarf Heartleaf (Hexastylis naniflora). • Located a previously unknown population of Federally Endangered Schweinitz's Sunflower at Redlair Farm in Gaston County, NC. This discovery led (in part) to the purchase of the site by the State of North Carolina Plant Conservation Program, now called Redlair Preserve. This population has become a Recovery Site for the species. • Participated in numerous Piedmont Prairie restoration projects in Mecklenburg, Union, Cabarrus and Gaston Counties, North Carolina. Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC.