HomeMy WebLinkAbout20190440 Ver 1_PCN Form Submission_20190405DWR
Urtslpu of W.-10"Revourc"
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 r No
C1wW only if needed.
BIMS # Assigned *
Version#*
20190440
1
Is a payment required for this project?*
* No payment required
What amout is owed?*
* Fee received
r $240.00
r 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:
The Hills
1a. Who is the Primary Contact?*
Daniel Kuefler
1b. Primary Contact Email:*
daniel.kuefier@vvetlands-epg.com
Date Submitted
4/5/2019
Nearest Body of Water
South Prong Clark Creek
Basin
Yadkin-PeeDee
Water Classification
C
Site Coordinates
Latitude:
35.4031
A. Processing Information
County (or Counties) where the project is located:
Mecklenburg
Is this project a public transportation project?*
r Yes r No
Longitude:
-80.7988
1a. Type(s) of approval sought from the Corps:
V Section 404 Permit (wetlands, streams and waters, Clean Water Act)
F Section 10 Permit (navigable ureters, tidal waters, Rivers and Harbors Act)
1 b. What type(s) of permit(s) do you wish to seek authorization?
rJ Nationwide Permit (NWP)
F- Regional General Permit (RGP)
r- Standard (IP)
1c. Primary Contact Phone:*
(336)554-2728
1c. Has the NWP or GP number been verified by the Corps?
r Yes r No
Nationwide Permit (NWP) Number:
Nationwide Permit (NWP) Number:
NWP Numbers (for multiple NWPS):
1d. Type(s) of approval sought from the DWR:
P 401 Water Quality Certification - Regular
F Non -404 Jurisdictional General Permit
F- Individual Permit
18 - Minor Discharges
29 - Residential Developments
1e. Is this notification solely for the record because written approval is not required?
For the record only for DWR 401 Certification:
For the record only for Corps Permit:
r- 401 Water Quality Certification - E)press
F- Riparian Buffer Authorization
1f. Is this an after -the -fact permit application?*
r- Yes r No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
r Yes r No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
r- Yes r- No
Acceptance Letter Attachment
5.1 The Hills DMS Acceptance.pdf 81.64KB
1h. Is the project located in any of NC's twenty coastal counties?
r Yes r No
1j. Is the project located in a designated trout watershed?
r- Yes r No
B. Applicant Information
1d. Who is applying for the permit?
F- Owner 67 Applicant (other than owner)
1e. Is there an Agent/Consultant for this project?
r Yes r No
2. Owner Information
2a. Name(s) on recorded deed:
The Hills Bowman LLC
2b. Deed book and page no.:
07906-427,19570-811,09888-711,09793-047,03708-336
2c. Responsible party:
Robert Bowman
2d. Address
Street Address
138 Cinnabar Place
Address line 2
Cdy
Huntersville
Fbstal / Zip Cade
28078
2e. Telephone Number:
(704)875-9704
2g. Email Address:*
daniel.kuefler@vvetiands-epg.com
3. Applicant Information (if different from owner)
State / Rwime / Fbgim
NC
Country
USA
2f. Fax Number:
r Yes r No
ryes r No
3a. Name:
Robert Bowman
3b. Business Name:
Bowman Development Group
3c.Address
Street Address
13815 Cinnabar Place
Address line 2
CRY
Huntersville
Postal / Zip Code
28078
3d. Telephone Number:
(704)875-9704
3f. Email Address:*
daniel.kuefier@vvetlands-epg.com
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(d appropriate)
1c. Nearest municipality/town:
Huntersville
2. Project Identification
2a. Property Identification Number:
02103104,02103138,02103108,02103107,02
103132
2c. Project Address
Street Address
Intersection of Asbury Chapel Rd & Autumncrest Rd
Address Line 2
CKY
Charlotte
Postal / Zip (ode
3. Surface Waters
3a. Name of the nearest body of water to proposed project:*
South Prong Clark Creek
3b. Water Resources Classification of nearest receiving water:*
C
3c. What river basin(s) is your project located in?*
Yadkin-PeeDee
3d. Please provide the 12 -digit HUC in which the project is located.
030401050101
4. Project Description and History
State / Province / Region
NC
Country
USA
3e. Fax Number:
2b. Property size:
61.85
State / Prwince / legion
NC
(buntry
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 contains multiple residential homes and outbuildings, is mostly covered with successional woods and pine stands, and is disturbed throughout. General land use in the vicinity
is a mbdure of fallow fields, undeveloped land, residential and commercial developments.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?*
f Yes F No f Unknown
4d. Attach an 8 1/2 X11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site. (for DWR)
The Hills USGS Map 011717.pdf 321.76KB
4e. Attach an 8 1/2X11 excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. (for DWR)
The Hills NRCS Soils Map 011717.pdf 446.08KB
4f. List the total estimated acreage of all existing wetlands on the property
0.7
4g. List the total estimated linear feet of all existing streams on the property:
3393
4h. Explain the purpose of the proposed project:*
The project consists of two road crossings, 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. The Hills (Wetlands Exhibits)(02-25-19).pdf 3.33MB
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
r Yes f No
Comments:
A Preliminary Jurisdictional Determination request was submitted on 09/07/18 (SAW -2018-01790)
and field -verified by David Shaeffer (USACE) on 10/19/18. Updated PJD materials have been
included with this submission.
5b. If the Corps made a jurisdictional determination, what type of determination was made?*
r Preliminary r Approved r Not Verified r Unknown r N/A
Corps AID Number:
SAW -2018-01790
5c. If Sa is yes, who delineated the jurisdictional areas?
Name (if known): Nic Nelson
Agency/Consultant Company: WEPG
Other:
r Unknown
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
5d1. Jurisdictional determination upload
10. The Hills Delineation Map USACE verification 101918.pdf
6. Future Project Plans
425.99KB
6a. Is this a phased project?*
r Yes r 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 project or related activity?
No
D. Proposed Impacts Inventory
1. Impacts Summary
1a. Where are the impacts associated with your project? (check all that apply):
V Wetlands r Streams -tributaries r Buffers
r- Open Waters r Pond Construction
2. Wetland Impacts
2g. Total Temporary Wetland Impact 2g. Total Permanent Wetland Impact
0.000 0.140
2g. Total Wetland Impact
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 O
Yes
Corps
0.080
(acres)
W2
Fill
P
Bottomland Hardwood Forest
Wetland Z
Yes
Corps
0.045
(acres)
W3
BMP/GradingP
Bottomland Hardwood Forest
Wetland Z
Yes
Corps ]0.015
(acres)
2g. Total Temporary Wetland Impact 2g. Total Permanent Wetland Impact
0.000 0.140
2g. Total Wetland Impact
0.140
2h. Comments:
0.08 ac of impacts to Wetland O and 0.045 ac of impacts to Wetland Z will be due to road crossings and residential lots permittable under NWP 29.
0.015 ac of impacts to Wetland Z will be due to grading / fill associated with BMP construction permittable under NWP 18.
E. Impact Justification and Mitigation
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 wetlands, 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. The road
crossing locations are dictated by sight distance constraints and connectivity to existing infrastucture per City requirements.
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.
Retaining walls are used extensively throughout the project to avoid impacts to wetlands. Road crossings have been kept as narrowas possible
through the use of retaining walls and handrails. Directional boring is proposed at all (four) sewer crossings to eliminate the need for temporary
impacts.
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?
r Yes r No
2c. If yes, mitigation is required by (check all that apply):
r DWR fJ Corps
2d. If yes, which mitigation option(s) will be used for this project?
F- Mitigation bank FJ Payment to in -lieu fee r 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.
r Yes r No
4b. Stream mitigation requested:
(linear feet)
4d. Buffer mitigation requested (DWR only):
(square feet)
4f. Non -riparian wetland mitigation requested:
(acres)
4h. Comments
4c. If using stream mitigation, what is the stream temperature:
4e. Riparian wetland mitigation requested:
(acres)
0.14
4g. Coastal (tidal) wetland mitigation requested:
(acres)
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?*
r Yes r No
2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?
r Yes r No
2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater
program?
r Yes r No
2d. Which of the following stormwater management program(s) apply:
V Local Government r State
Local Government Stormwater Programs
W Phase II r NSW r USMP r Water Supply
Please identify which local government stormwater program you are using.
Mecklenburg County
Comments:
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
la. 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 r 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?*
r Yes r No r 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. All wetland and stream sewerline crossings will
use trenchless methods / directional boring.
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 r No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?*
r Yes r No
5d. Is another Federal agency involved?*
r Yes r No r Unknown
5e. Is this a DOT project located within Division's 1-8?
r Yes r No
5f. Will you cut anytrees in order to conduct the work in waters of the U.S.?
r Yes r No
5g. Does this project involve bridge maintenance or removal?
r Yes r No
5h. Does this project involve the construction/installation of a wind turbine(s)?*
r Yes r No
5i. 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 Federally listed, protected species were identified. Habitat does exist for
the Northern Long Eared Bat but the project is except as noted in the included T&E report.
Consultation Documentation Upload
16. Asbury Chapel - The Hills T&E 02.03.17.pdf 343.2KB
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?*
r 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?*
(- 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/hpovveb/
7c. Historic or Prehistoric Information Upload
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA -designated 100 -year floodplain?*
r Yes r No
8c. What source(s) did you use to make the floodplain determination?*
http://polaris3g.meeklenburgcountync.gov ; www.fema.govP
Miscellaneous
Comments
A full, compiled, pdf copy of the PCN submittal is attached here, titled 'The Hills PCN 040519'
Miscellaneous attachments not previously requested.
The Hills PCN 040519.pdf
7.4MB
Signature -
,r! By checking the box and signing below, I certify that:
• 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
4/5/2019
Wetlands and Environmental Planning Group
Leonard S. Rindner, PLLC.
Threatened / Endangered / Protected Species
Evaluation
For Asbury Chapel — The Hills
Mecklenburg County, North Carolina
Chw4otte Offke:
10612-o Providence Rd.
PMB S50
Charlottes NC 26277
V" 904-2277
Ien.rindner@wedandw*pg.com
By: Lisa R. Gaffney
February 20, 2017
www.wedamis- &cwn
A*wAlle 01111ca
1070 Tunnel Rd., Wd& I
Sulfa 10, PMB 263
AWwAId y NC 76805
W4 70&7059
amanda.
Asbury Chapel —The Hills —Threatened /Endangered /Protected Species Evaluation
GENERAL LANDSCAPE DESCRIPTION:
The Asbury Chapel — The Hills property (73.81 acres) is located just east and
west of Asbury Chapel Road, and just south of Autumn Crest Road in
Mecklenburg County, North Carolina. It can be found on the Cornelius, NC
USGS Topographic Quadrangle Map; latitude is 35.3990 N, longitude is 80.8061
W. The site contains multiple residential homes and outbuildings, is mostly
covered with successional woods and pine stands, and is disturbed throughout.
The topography is gently to moderately sloping with the elevation ranging from
650 to 770 ft. (Figure 1).
Figure 1:
f JjJ 1 sauTr PRo rue `s l �n �
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Reid
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I
r �J
PRO] EC
LacanoN
SCALE Lat.35.3990 RN ~
h r
Long: -80.8061 °4V
USGS QUAD ACRES HUC: 03040105
-JIB l Y. 1ffCornelius, NC 73181 ROCKY
RGLRE ND.
AS BURYCHAPEL— THEHLLS CravmBy: RevievvedBy:
MecklenburgCo., NC NRN LSR
DATE:
LtEGS MAP—WATERSOFTHE L5.
EL{STINGCONDITIOFC STUDY 1/17/17 ,
SU8IECf 70 USACE VEFJFeCA R CN
Wetlands and Envlron mental Planning Group Leonard S. Rlndner, PLLC.
Asbury Chapel —The Hills —Threatened /Endangered /Protected Species Evaluation
METHODOLOGY:
The US Fish and Wildlife Service website
https://www.fws.gov/raleigh/species/cntylist/mecklenburg.html 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
during the week beginning January 30, 2017.
Table 1: Threatened / Endangered / Protected Species listed for
Mecklenburg County
County: Mecklenburg, NC
*Source: US Fish & Wildlife Service
**Data search on January 30, 2017
Group Name
Clams Carolina heelsplitter
(Lasmipona decorata)
Flowering Smooth coneflower (Echinacea
Plants laevi ata
Flowering Schweinitz's sunflower
Plants (Helianthus schweinitzii)
Flowering Michaux's sumac (Rhus
Plants michauxii
Mammals Northern Long -Eared Bat
(Myotis septentrionalis)
Birds Bald Eagle (Haliaeetus
leucocephalus)
Status
Endangered
Endangered
Endangered
Endangered
Threatened
Protected
under the Bald
and Golden
Eagle
Protection Act
Lead Office
Asheville Ecological
Services Field Office
Raleigh Ecological
Services Field Office
Asheville Ecological
Services Field Office
Raleigh Ecological
Services Field Office
Twin Cities Ecological
Services Field Office
Great Lakes -Big Rivers
Region (Region 3)
Wetlands and Envlron mental Planning Group Leonard S. Rindner, PLLC.
Asbury Chapel —The Hills —Threatened /Endangered /Protected Species Evaluation
Three plant species with federal protection were included in the survey efforts:
• Schweinitz's Sunflower (Helianthus schweinitzii), 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 michauxii), 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 three 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.
Wetlands and Envlronmental Planning Group Leonard S. Rlndner, PLLC.
Asbury Chapel — The Hills —Threatened /Endangered /Protected Species Evaluation
RESULTS:
The site contains multiple residential homes and outbuildings, is mostly covered
with successional woods, and is disturbed throughout. There are houses,
garages, sheds, barns, lawns, flower beds, landscaping, gravel roads and
driveways distributed throughout the property. The residential areas are
landscaped and managed, with Fescue (Festuca sp.) turf grass and small trees
and shrubs, and flower beds and borders. In some areas there are small
overhead power lines connecting to the homes and outbuildings, with transitional
ecotone under the overhead lines and between the roads and woods edges. The
rest of the site is a patchwork of mixed hardwood forested slopes and timbered
uplands planted in Loblolly Pine groves. There are two open water ponds on the
site, and Cane Creek forms part of the property boundary on the northwest
section.
The upland flats and gentle slopes are composed mostly of Loblolly Pine (Pinus
taeda) stands with successional hardwoods mixed within the canopy and
subcanopy, and grades into a hardwood dominated forest on the steeper slopes
and drainages. Some of the largest trees are over 3 ft. in diameter, with the
average diameter at breast height (DBH) at 18", but with a great deal of variation
in DBH overall. Canopy trees include Loblolly Pine (Pinus taeda), Shortleaf Pine
(P. echinata), Virginia Pine (P. virginiana), White Oak (Quercus alba), Northern
Red Oak (Q. rubra), Southern Red Oak (Q. falcata), Black Oak (Q. velutina),
Willow Oak (Q. phellos), Post Oak (Q. stellata), Mockernut Hickory (C.
tomentosa), Pignut Hickory (C. glabra), Sweetgum (Liquidambar styraciflua), and
Yellow Poplar (Liriodendron tulipifera), with Sycamore (Platanus occidentalis)
and Cottonwood (Populus deltoides) occurring on the lowest slopes and
floodplain of Cane Creek. The subcanopy contains Sourwood (Oxydendrum
arboreum), American Beech (Fagus grandifolia), Ironwood (Carpinus
caroliniana), American Holly (Ilex opaca), Red Maple (Acer rubrum), Eastern Red
Cedar (Juniperus virginiana), Flowering Dogwood (Cornus florida), Hackberry
(Celtis laevigata), Redbud (Cercis canadensis), Red Mulberry (Morus rubra),
Black Gum (Nyssa sylvatica), Winged Elm (Ulmus alata), and Black Cherry
(Prunus serotina), with Ironwood (Carpinus caroliniana), and River Birch (Betula
nigra) occurring on the lower slopes and floodplain of Cane Creek. The shrub
layer includes Spicebush (Lindera benzoin), Viburnum (Viburnum spp.),
Blueberry (Vaccinium sp.), Paw Paw (Asimina triloba), Autumn Olive (Elaeagnus
umbellata), and Chinese Privet (Ligustrum sinense). Vines present are
Japanese Honeysuckle (Lonicera japonica), Trumpet Creeper (Campsis
radicans), Virginia Creeper (Parthenocissus quinquefolia), Muscadine (Vitis
rotundifolia), and Poison Ivy (Toxicodendron radicans). The herb layer is sparse
on the drier uplands and slopes, becoming more prominent on the lower slopes
and drainages, and includes Christmas Fern (Polystichum acrostichoides),
Spotted Wintergreen (Chimaphila maculata), Dayflower (Commelina sp.),
Bedstraw (Galium sp.), River Oats (Chasmanthium latifolium), and Japanese
Stiltgrass (Microstegium vimineum).
Wetlands and Enoronmerrtal F'lanming Group Leonard S. Rfndner. PLLC.
Asbury Chapel — The Hills —Threatened /Endangered /Protected Species Evaluation
The disturbed open areas, roadsides and PLROW are dominated by shrubs,
vines and herbs that typically occur in this habitat. Woody species present are
small tree saplings of Pines, Sweet -gum and Tulip Poplar, and shrubs of
Blackberry (Rubus sp.), Russian Olive, Chinese Privet, Smooth Sumac (Rhus
glabra), and Groundsel Tree (Baccharis halimifolia). Herbs present are Johnson
Grass (Sorghum halepense), Plume Grass (Erianthus contortus), Sericea
Lespedeza (Lespedeza cuneata), Rabbit Tobacco (Gnapthalium obtusifolium),
Goldenrod (Solidago sp.), Beggars Ticks (Desmodium sp.), and Thoroughwort
(Eupatorium sp.).
Threatened & Endangered/Protected Species Results
• All potential habitats for Schweinitz's Sunflower, Michaux's Sumac and
Smooth Coneflower along the roadside corridors, PLROWs, and woods
edges were closely examined and none of these species were present.
• No Bald Eagles were seen nor were any nesting sites observed.
• Streams on site do not appear to have the habitat characteristics required
to support populations of the Carolina Heelsplitter, and they have not been
reported to occur in the watershed. No mussels were observed during the
survey nor would any be expected on-site.
• Comparing our site location to the USFWS Asheville office's website
(http://www.fws.gov/asheville/htmis/project 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.
RECOMMENDATIONS:
I recommend further consultation with the project planners and engineers
regarding coordination with USFWS and other federal and state agencies as
needed.
Respectfully submitted,
044z, # 1*e�l
Lisa R. Gaffney
Biologist
February 10, 2017
6
Asbury Chapel —The Hills —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 biologist 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, collecting field data and writing reports.
• 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, collecting field data and writing reports.
• Threatened and Endangered Species Surveys and Natural Communities
Evaluation for over 40,000 acres in North and South Carolina, 1996 - present.
• Located and identified at least six previously unreported populations of Federally
Endangered Schweinitz's Sunflower (Helianthus schweinitzii).
• 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 Envlronmental Planning Group Leonard S. Rindner, PLLC.
FIGURE NO. I I THE HILLS I Drawn By: I Reviewed By:
Mecklenburg Co., NC I NRN I LSR
USGS MAP I DATE:
-WATERS OF THE U.S.- 1/17/17
EXISTING CONDITIONS STUDY
SUBJECT TO USACE/NCDEQ VERIFICATION
\Iv kF
-,L
LZ
/01*_��
W
FIGURE NO.
THE HILLS
Mecklenburg Co., NC
Drawn By:I Reviewed By:
NRN LSR
DATE:
PUBLISHED SOILS MAP
-WATERS OF THE U.S.- 1/17/17
EXISTING CONDITIONS STUDY
SUBJECT TO NCDEQ VERIFICATION
W kO
PROJECT BOUNDARYI
kE3
STUDY LIMITS
WkE
In
B
WW
Y. F�
171A -
I
'
L
W k.
Map Unit Symbol
Map Unit Narne
.Acres In AOI
Percent of ACI
EnB
Enon sandy loam, 2 to 8
2.1
3A%
percent slopes
MID
Monacan loam, D to 2 pommt
2.4
3.9%
slopes, frequently fkxxiad
WkS
Wilkes foam, 4 to 8 percent
7.8
12.9%
slakes
17.1
26.2`46
WkD
Wilkes loam, A to 15 percent
slopes
Wkf
Wilkes loam, 15 to 25 percent
31.3
51_6dio
slopes
Totals for Area of Interest
6U_7
100_09rd
FIGURE NO.
THE HILLS
Mecklenburg Co., NC
Drawn By:I Reviewed By:
NRN LSR
DATE:
PUBLISHED SOILS MAP
-WATERS OF THE U.S.- 1/17/17
EXISTING CONDITIONS STUDY
SUBJECT TO NCDEQ VERIFICATION
ROY COOPER
Governor
MICHAEL S. REGAN
secretary
TIM BAUMGARTNER
Director
Robert Bowman
Bowman Development Group
13815 Cinnabar Place
Huntersville, NC 28078
NORTH CAROLINA
Environmental Quality
March 4, 2019
Expiration of Acceptance: 9/4/2019
Project: The Hills 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 Location t8-diImpact type Impact Quantity
git HUCy
Yadkin 03040105 Riparian Wetland 0.14
Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The
mitigation will be performed in accordance with the In -Lieu Fee Program instrument dated July 28, 2010 and
15A NCAC 02B.0295 as applicable. Thank you for your interest in the DMS in -lieu fee mitigation program.
If you have any questions or need additional information, please contact Kelly Williams at (919) 707-8915.
cc: Daniel Kuefler, agent
«_:_ QE
ft-m"d
Sincerely,
Ja e . B Stanfill
Assn Management Supervisor
North Carolina Department of riivironmental Quality I Division of Mitigation Services
217 W. Jones Street 1 1651 Mail Service Center I Raleigh, North Carolina 27699-1652
919.7078976
Agent Authorization Letter
The purpose of this form is to authorize our firm to act on your behalf n 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
permits) and/or certification(s).
Project/Site Name: Asbury Chapel -The Hills
Property Address: 73.8 Acres -Asbury Chapel Road
Parcel Identification Number (PIN); 01938101; 01938106; 01918142; 01938105; 02103107; 02103138
Select one: I am an interested uyer eller
Name: f �O07t��S'! JA/
Company: (1 ��'� /50QQr�n `gip
Mailing Address: C7/1 Q)�� v✓ �/ G/CLb � � v7
Telephone Number: ?Q1� - �
VM1 ��j} cr /Q/
Electronic Mail Address: /t-lyJFIr /8 pwww/ MM/Z
Property
Other
i
*The Interested Buyer/Other acknowTec7ges that an agreement and/or formal contract to purchase and/or conduct
due diligence activities exists between the current property owner mad the signatoay of this authorization in cases
wMere the property is not owned by the signatory,
Charlotte Office: www.weClands epg.tom Asheville Office:
10612-D Providence Rd. 1070 Tunnel Rd., Bldg. 1
PM8 550 Suite 10, PMB 283
Charlotte, NC 28277 Asheville, NC 28805
(704)904-2277
len.rindner@wetlands-epg.com