HomeMy WebLinkAbout20190464 Ver 1_PCN Form Submission_20190411DWR
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#*
20190464
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:
Estates at Arlington Woods
1a. Who is the Primary Contact?*
Daniel Kuefler
1b. Primary Contact Email:*
daniel.kuefier@vvetlands-epg.com
Date Submitted
4/11/2019
Nearest Body of Water
Clear Creek
Basin
Yadkin-PeeDee
Water Classification
C
Site Coordinates
Latitude:
35.1941
Longitude:
-80.6037
1c. Primary Contact Phone:*
(336)554-2728
A. Processing Information -
County (or Counties) where the project is located:
Mecklenburg
Is this project a public transportation project?*
r Yes r No
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. Has the NWP or GP number been verified by the Corps?
r- Yes r No
Nationwide Permit (NWP) Number:
NWP Numbers (for multiple NWPS):
1d. Type(s) of approval sought from the DWR:
P 401 Water Quality Certification - Regular
r Non -404 Jurisdictional General Permit
Individual Permit
12 - Utility Lines
1e. Is this notification solelyfor the record because written approval is not required?
For the record only for DWR 401 Certification:
For the record only for Corps Permit:
F 401 Water Quality Certification - Express
r Riparian Buffer Authorization
1f. Is this an after -the -fact permit application?*
f Yes r No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
r- Yes r No
19. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
r Yes r No
Acceptance Letter Attachment
1h. Is the project located in any of NC's twenty coastal counties?
C 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?
Owner W Applicant (other than owner)
le. Is there an Agent/Consultant for this project?
4 Yes r No
2. Owner Information
2a. Name(s) on recorded deed:
Lennar Carolinas LLC
2b. Deed book and page no.:
20100-212,20100-202,20100-208
2c. Responsible party:
2d. Address
Street Address
111230 Carmel Commons Blvd
Address Line 2
City
State / Rmince / piagion
Charlotte
NC
Postal / Zip Code
Country
28226
USA
2e. Telephone Number: 2f. Fax Number:
(828)768-4012
2g. Email Address:*
dan iel. kuefler@wetlands-epg.com
3. Applicant Information (if different from owner)
......... ......... ......... .........
3a. Name:
Evan Mooney
O Yes r No
O Yes r No
v
3b. Business Name:
Lennar Carolinas LLC
3c.Address
Street Address
111230 Carmel Commons Blvd
Address Line 2
City
Charlotte
Rstd / Zip Code
28226
3d. Telephone Number:
(828)768-4012
3f. Email Address:*
daniel.kuefler@wetiands-epg.com
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality/town:
Charlotte
2. Project Identification
State / Frmince / Fbgw
NC
Country
USA
3e. Fax Number:
2a. Property Identification Number:
2b. Property size:
13946104,13927197,13930206
118.2
2c. Project Address
Street Address
Arlington Church Road / Brief Road
Address Line 2
City
State / Poovince / %gion
Charlotte
NC
Postal / Zip (ode
Country
USA
3. Surface Waters
3a. Name of the nearest body of water to proposed project:*
Clear 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.
030401050306
4. Project Description and History
4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application:*
The site is primarily covered with successional woods; open pasture land; numerous dirt roads and trails; and is disturbed throughout. The topography is gently to moderately sloped
grading into flat floodplain of Clear Creek. 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?*
r Yes r No r 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)
USGS Map _duplicate.pdf
133.16KB
4e. Attach an 8 1/2 X 11 excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. (for DWR)
NRCS Published Soils Map _duplicate.pdf 360.28KB
4f. List the total estimated acreage of all existing wetlands on the property:
0.41
49. List the total estimated linear feet of all existing streams on the property:
4273
4h. Explain the purpose of the proposed project:*
The project consists of installation of waterline for a residential development.
4i. 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.
Project Plans _duplicate.pdf 1.22MB
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the propertyor proposed impact areas?*
r Yes f No r Unknown
Comments:
A Preliminary Jurisdictional Determination request was submitted on 11/21/18 (SAW -2006-30836)
and was field -verified by David Shaeffer (USACE) on 1/17/19. Updated PJD materials have been
included with this PCN submittal.
5b. If the Corps made a jurisdictional determination, what type of determination was made?*
r Preliminary r Approved r Not Verified r Unknown r NIA
Corps AID Number:
SAW -2006-30836
Sc. If Sa 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 11/21/18 (SAW -2006-30836) and was field -verified by David Shaeffer (USACE) on 1/17/19. Updated PJD materials
have been included with this PCN submittal.
5dl. Jurisdictional determination upload
Delineation Maps _duplicate.pdf 524.35KB
6. Future Project Plans
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):
fJ Wetlands r Streams -tributaries r Buffers
F_ Open Waters r Pond Construction
2. Wetland Impacts
2al Reason(?) 2b. Impact type * (?) 2c. Type of W. * 2d. W. name * 2e. Forested * 2f. Type of 2g. Impact
Jurisdicition*(?) area*
W1 Excavation T Bottomland Hardwood Forest Wetland OW Yes Corps 0.009
(acres)
ff:=�
Excavation T ��t
tland Wetland OS ]�_=T
29. Total Temporary Wetland Impact 2g. Total Permanent Wetland Impact
0.033 0.000
2g. Total Wetland Impact
0.033
2h. Comments:
Temporary impacts to wetlands are needed for a waterline installation to service the residential development. No permanent impact
orps
0.024
(acres)
s are proposed.
E. Impact Justification and Mitigation^J
1. Avoidance and Minimization
ta. 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 completely 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. Due to their proximity to Arlington Church Rd, two temporary open -cut wetland crossings are required in order to install a waterline utility
connection to service the proposed residential development - all other crossings will use directional boring. No permanent impacts are proposed.
tb. 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.
Directional boring and anti -seep collars will be used for waterline utilities instead of aerial crossings. This is a low density development with septic
throughout so no sewer crossings are required. Large buffers will be applied to all stream features on site. The temporary wetland crossings will be
restored to pre -construction conditions as described on the attached plans
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
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
1. Diffuse Flow Plan
la. 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. Stomiwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOrs Individual NPDES permit NCS000250?*
O Yes O No
2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?
C Yes O 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?
O Yes O No
2d. Which of the following stormwater management program(s) apply:
m Local Government ❑ State
Local Government Stormwater Programs
m Phase II ❑ NSW ❑ USMP ❑ Water Supply
Please identifywhich 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. A stormwater system will be implemeted to capture road drainage, run-off, and future on-site
development of lots. A BMP will be constructed to treat the area of high density. The stormwater plan has been submitted to Mecklenburg County for review and has been designed to
meet their criteria.
G. Supplementary Information �^
1. Environmental Documentation
1a. Does the project involve an expenditure of public (federallstate/local) funds or the use of public (federallstate) 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?*
f 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 C NVA
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.
This project is designed as a low-density subdivision with large lots with independent septic systems.
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?*
C Yes r No
5d. Is another Federal agency involved?*
C 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 species were identified. Habitat does exist for the Northern Long Eared Bat
but the project is exempt as noted in the included T&E report.
Consultation Documentation Upload
Endangered Species Report _duplicate.pdf 229.13KB
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?*
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/hpoweb/
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
8b. If yes, explain how project meets FEMA requirements:
The waterline installation will cross the floodplain of Clear Creek. No change in base flood elevations are proposed.
8c. What source(s) did you use to make the floodplain determination?*
http://polaris3g.mecklenburgcountync.gov ; www.fema.gov
Miscellaneous =�
Comments
A complete, compiled PDF permit application including cover letter, forms, maps, photos and supporting documentation is attached, titled Estates at Arlington Woods PCN 041119'.
Miscellaneous attachments not previously requested.
Estates at Arlington Woods PCN 041119.pdf 7.04MB
Signature
m 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
4/11/2019
Wetlands and Environmental Planning Group
Anent Authorization Letter
Leonard S. Rindner, PLLC.
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: Brief Road Site
Property Address: Brief Road, Charlotte, NC 28227
Parcel Identification Number (PIN): 13946104, 13927197, 13930206
Select one: I am the current property owner
Name: Evan Mooney
Company: Lennar Carolinas, LLC
Mailing Address: 6701 Carmel Road, Suite 425 Charlotte, NC 28226
Telephone Number: 828-768-4012
Property Owner 1
* The Interested Buy' er/Other• acknoti,ledges that an agreement and/or formal contract to purchase and/o1- conduct
dare diligence activities exists behi,een the current property owner and the signatoty of this authorization in cases
inhere the property is not owned by the signatory.
Charlotte Office: wwwmetlands-epg.com Asheville Office:
10612-b Providence Rd, 1070 Tunnel Rd., Bldg.
PMB 550 Suite 10, PMB 283
Charlotte, NC 28277 Asheville, NC 28805
(704)904-2277
len.rindner@wetlands-epg.com
FIGURE NO.
3
The Estates at Arlington Woods
Mecklenburg Co., NC
͑
͑
USGS MAP
-WATERS OF THE U.S.-
EXISTING CONDITIONS STUDY
SUBJECT TO USACE VERIFICATION
͑
͑
DATE:
11/14/18
Drawn By:
LSR LRG
Reviewed By:
LOCATION
Lat: 35.1941 ºN
Long: -80.6037 ºW
HUC: 03040105
MIDDLE ROCKY RIVER
SCALE
1:24,000
ACRES
118.16
USGS QUAD
Midland, NC
PROJECT BOUNDARY
STUDY LIMITS
CLEAR
CREEK
FIGURE NO.
4
The Estates at Arlington Woods
Mecklenburg Co., NC
͑
͑
NRCS PUBLISHED SOILS MAP
-WATERS OF THE U.S.-
EXISTING CONDITIONS STUDY
SUBJECT TO NCDEQ VERIFICATION
͑
͑
DATE:
11/14/18
Drawn By:
LSR LRG
Reviewed By:
PROJECT BOUNDARY
STUDY LIMITS
MERRICK
Scale: NTS
Figure
LF
LF
MERRICK
200 4000
Scale: 1" = 400'
Figure
MERRICK
Scale: NTS
Figure
MERRICK
Wetland OS
(Surveyed)
Clear Creek
CL15' CLT Water
Easement
Prop. 12"
Waterline
Ex. Overhead
Electric
Ex. Guard
Rail
15 300
Scale: 1" = 30'
TOB
Temporary access corridor to be
reestablished with native species.
Permanent maintenance easement to be
reseeded with native stabilization mix.
Proposed anti-seep collar to be installed
at the downstream and upstream side of
the wetland crossing. Collars shall be
installed per state standards.
Remove 6"-12" of top soil in
disturbed area. Top soil to
be placed on fabric and
replaced upon completion.
Figure 1
GGGGGGGGGGGGGGGGCLTWCLTWCLTWCLTWCLTWCLTWCLTWCLTWCLTWCLTWCLTWCLTWCLTW10+0011+0010+0011+00MERRICK
12" Waterline to be
installed under storm pipe
Ex. 24" CMP
Ex. 3.5"
Gas Main
Ex. Overhead
Electric
Prop. 15' CLT
Water Easement
20 400
Scale: 1" = 20'
Wetland OW
(Surveyed)
Remove 6"-12" of top soil in
disturbed area. Top soil to
be placed on fabric and
replaced upon completion.
Proposed anti-seep collar to be installed
at the downstream and upstream side of
the wetland crossing. Collars shall be
installed per state standards.
Temporary access to corridor to be
reestablished with native species.
Permanent maintenance easement to be
reseeded with native stabilization mix.
Roadside
Ditch
Figure 1
585
590
595
600
605
610
615
620
625
585
590
595
600
605
610
615
620
625
L50 L40 L30 L20 L10 0 R10 R20 R30 R40 R50
7.8'
9' (Width Varies)
Temporary Access Corridor
580
585
590
595
600
605
610
580
585
590
595
600
605
610
23+7524+00 25+00 26+00 27+0027+25
Top of Bank
(STA: 26+28)
Top of Bank
(STA: 25+97)
55 LF 20" Steel Encasement Pipe
ASTM A139 Grade B, 0.25" thickness
Vertical 45° RJ DIP Bend
STA: 25+73
Vertical 45° RJ DIP Bend
STA: 25+82
Vertical 45° RJ DIP Bend
STA: 26+45
Vertical 45° RJ DIP Bend
STA: 26+56
Bore Pit
47'x30'x15'
Receiving Pit
41'x26'x13'
Existing Grade
27+00 27+5023+75 24+00
136' Temporary Access
3'
MERRICK
Proposed 8" PVC Waterline
INV @ Sta. 24+50 = 601.34
Existing Grade
Temporary access corridor to be reestablished with
native species. Permanent maintenance easement
to be reseeded with native stabilization mix.
Clear Creek Profile
STA: 24+00 TO 27+50
Proposed anti-seep collar to be
installed at the downstream
and upstream side of the
wetland crossing. Collars shall
be installed per state standards
Prop 12"
Waterline
Clear Creek Section
STA: 24+50
Figure 1
625
630
635
640
625
630
635
640
9+7510+00 10+509+75 10+00
3'
47'
Temporary Access
L50 L40 L30 L20 L10 0 R10 R20 R30 R40 R50
615
620
625
630
635
640
645
650
615
620
625
630
635
640
645
650
3.9'
10' (Width Varies)
Temporary Access Corridor
MERRICK
Wetland OW Profile
STA: 9+75 TO 10+50
Proposed anti-seep collar to be installed
at the downstream and upstream side
of the wetland crossing. Collars shall be
installed per state standards
Existing GradeProp 12"
Waterline
Proposed 8" PVC Waterline
INV @ Sta. 10+50 = 629.95
Existing Grade
Temporary access corridor to be reestablished with
native species. Permanent maintenance easement
to be reseeded with native stabilization mix.
Wetland OW Section
STA: 10+25
Figure 1
5
0
5
0
5
0
5
0
600
605
610
615
620
625
630
635
600
605
610
615
620
625
630
635
4+00 5+00 6+00 7+00 8+00
Top of Bank
(STA: 5+42)
Vertical 22.5° RJ DIP Bend
STA: 5+57
Vertically Deflect
as Needed
Vertical 22.5° RJ DIP Bend
STA: 5+20
35'x20'x10'
Bore Pit
30 LF 16" Steel Encasement Pipe
ASTM A139 Grade B, 0.25" thickness
Proposed GradeExisting Grade
8" WM
(5' Minimum Cover)
(STA: 5+02)
Begin RJDIP
(STA: 7+91)
Begin RJDIP
-
1
0
.
0
0%
6.32
%
3.66%
Top of Bank
(STA: 5+30)
Vertically Deflect
as Needed (STA: 5+75)
End RJDIP
35'x20'x10'
Receiving Pit
MERRICK
Access Rd Profile
STA: 4+00 TO 8+00
Figure 1
Drawn By: Reviewed By:NRN LSR DATE: 7/12/18 Updated 1/17/19 FIGURE NO. BRIEF ROAD Mecklenburg Co., NC DELINEATION MAP – WATERS OF THE U.S. EXISTING CONDITIONS STUDY SUBJECT TO USACE/NCDEQ VERIFICATION WETLAND C -0.105 ac PERENNIAL STREAM B -1,176 lf CLEAR CREEK -2,114 lf PROPERTY BOUNDARY STUDY LIMITS 1 2 3 4 6 7 5 8 9 10 11-12 USACE WETAND FORM C USACE UPLAND FORM DP1 NCDEQ STREAM FORM B NCDEQ STREAM FORM D NCDEQ STREAM FORM A ***NCDEQ VERIFICATION 8/28/18*** ***USACE VERIFICATION 1/17/19*** INTERMITTENT STREAM D/DD -459 lf WETLAND MW -0.029 ac INTERMITTENT STREAM A -271 lf FP WETLAND -0.021 AC 1
FIGURE NO.
BRIEF ROAD
Mecklenburg Co., NC
͑
͑
DELINEATION MAP
Proposed Utility Corridor
-WATERS OF THE U.S.-
EXISTING CONDITIONS STUDY
SUBJECT TO USACE VERIFICATION
͑
DATE:
10/23/18
Updated 1/17/19
Drawn By:
LSR NRN
Reviewed By:
APPROXIMATE
PROJECT BOUNDARY
CULVERT
WETLAND OS
-0.246 ac
Clear Creek
-253 lf
***NCDEQ VERIFICATION 8/28/18***
APPROXIMATE BOUNDARY OF
PROPOSED UTILITY CORRIDOR
WETLAND OW
0.009 ac
***USACE VERIFICATION 1/17/19***
13
14
Threatened & Endangered Species Report Threatened & Endangered Species
Report
Threatened / Endangered / Protected Species
Evaluation
For Brief Road Property – Arlington Church Road
Corridor
Mecklenburg County, North Carolina
By: Lisa R. Gaffney
November 7, 2018
Brief Road Property / Arlington Church Road Corridor
Threatened / Endangered / Protected Species Evaluation
222
GENERAL LANDSCAPE DESCRIPTION:
The Brief Road Property (11 .2 acres) is located just north of Brief Road and
just east of Arlington Church Road in Mecklenburg County, North Carolina. It
can be found on the Midland USGS Topographic Quadrangle Map; latitude is
35.1941 N, longitude is 81.6037 W. The site is primarily covered with
successional woods; open pasture land; numerous dirt roads and trails; and is
disturbed throughout. The topography is gently to moderately sloped grading
into flat floodplain of Clear Creek. The elevation ranges from 600 to 730 ft. Also
included in the study is the Arlington Church Road corridor as indicated on the
maps in Figures 1-6. The area considered was approximately 50 feet on either
side of the roadway from the site tie in extending northwest to Bartlett Road.
(Figure 1).
Figure 1:
118.2
Brief Road Property / Arlington Church Road Corridor
Threatened / Endangered / Protected Species Evaluation
3333
METHODOLOGY:
The US Fish and Wildlife Service
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 of August 6, 2018
Table 1: Threatened / Endangered / Protected Species listed for
Mecklenburg County
County: Mecklenburg, NC
*Source: US Fish & Wildlife Service
**Data search on August 6, 2018
Group Name Status Record Status
Invertebrate Carolina Heelsplitter (Lasmigona
decorata)
Endangered Current
Invertebrate Rusty-patched Bumble Bee
(Bombus affinis)
Endangered Historic
Vascular Plants Smooth Coneflower (Echinacea
laevigata)
Endangered Current
Vascular Plants Schweinitz's Sunflower (Helianthus
schweinitzii)
Endangered Current
Vascular Plants Michaux's Sumac (Rhus michauxii)Endangered Current
Vertebrate Northern Long-Eared Bat (Myotis
septentrionalis)
Threatened Probable/Potential
Vertebrate Bald Eagle (Haliaeetus
leucocephalus)
Protected under the Bald
and Golden Eagle
Protection Act
Current
Brief Road Property / Arlington Church Road Corridor
Threatened / Endangered / Protected Species Evaluation
444
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 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).
Brief Road Property / Arlington Church Road Corridor
Threatened / Endangered / Protected Species Evaluation
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RESULTS:
The site is primarily covered with successional woods; open crop field near Clear
Creek; numerous dirt roads and trails; and is disturbed throughout. The
topography is gently to moderately sloped grading into flat floodplain of Clear
Creek. The elevation ranges from 600 to 730 ft. Also included in the study is the
Arlington Church Road corridor as indicated on the maps in Figures 1-6. The
area considered was approximately 50 feet on either side of the roadway from
the site tie in extending northwest to Bartlett Road. There is a small overhead
power line along the Arlington Church Road corridor, and also along the property
edge on Brief Road. Much of the roadside habitat is maintained by mowing.
Much of the site is covered with a successional forest that is composed of mixed
pines and hardwoods on the uplands grading into a bottomland forest on the
floodplain of Clear Creek. Some of the largest trees are over 2 ft. in diameter,
with the average diameter at breast height (DBH) at 12”. Canopy trees include
Loblolly Pine (Pinus taeda), Shortleaf Pine (P. echinata), Virginia Pine (P.
virginiana ), Tulip Poplar (Liriodendron tulipifera), American Ash (Fraxinus
americana), 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), Shagbark Hickory (Carya ovata), Mockernut Hickory (C. tomentosa),
Pignut Hickory (C. glabra), Sweetgum (Liquidambar styraciflua), Cottonwood
(Populus deltoides), and Sycamore (Platanus occidentalis). 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). The shrub layer is
dominated by Autumn Olive (Elaeagnus umbellata).Additional shrub species
present include Spicebush (Lindera benzoin), Blueberry (Vaccinium sp.), Paw
Paw (Asimina triloba) and Chinese Privet (Ligustrum sinense). Vines present are
Catbrier (Smilax spp.), Japanese Honeysuckle (Lonicera japonica), Crossvine
(Bignoinia capreolata), 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 denser on the lower slopes and drainages, and includes
Christmas Fern (Polystichum acrostichoides), Crane-fly Orchid (Tipularia
discolor), Spotted Wintergreen (Chimaphila maculata), Dayflower (Commelina
sp.), and Grapefern (Botrychium sp.). Additional herbs observed in the more
mesic area near Clear Creek includes River Cane (Arundinaria gigantea),
Japanese Stilt Grass (Microstegium vimineum), River Oats (Chasmanthium
latifolium), False Nettle (Boehmeria cylindrica), and Knotweed (Polygonum sp.).
The disturbed, open roadsides and transitional areas along the tree lines, and
farm road edges are dominated by planted Fescue (Festuca sp.) with mixed
Brief Road Property / Arlington Church Road Corridor
Threatened / Endangered / Protected Species Evaluation
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shrubs, vines and herbs that typically occur in this habitat. At the time of the site
evaluation the small power line right-of-way along Arlington Church Road had
been partially sprayed with herbicide. 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), Winged
Sumac (Rhus copallina), and Groundsel Tree (Baccharis halimifolia). Herbs
present are Johnson Grass (Sorghum halepense), Plume Grass (Erianthus
contortus), Broomsedge (Andropogon virginicus), Love Grass (Eragrostis sp.),
Dog Fennel (Eupatorium capillifolium), Sericea Lespedeza (Lespedeza cuneata),
St. John’s Wort (Hypericum sp.), Queen Anne’s Lace (Daucus carota), Wingstem
(Verbesina alternifolia), Pokeweed (Phytolacca americana), Common Milkweed
(Asclepias tuberosus), Rabbit Tobacco (Gnapthalium obtusifolium), Tickseed
(Coreopsis major), Ragweed (Ambrosia artemisiifolia), 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 roadsides and woods edges were examined
and none of these species were present.
There is no Bald Eagle habitat on the site. No Bald Eagles were observed
during the site review.
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 identified
within this basin. No individuals were observed during the survey nor
would any be expected on-site.
Comparing this site location to the USFWS Asheville office’s website
(http://www.fws.gov/asheville/htmls/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.
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 it’s Historic Range, and as such, Section 7
consultation is not needed. WEPG concludes that Rusty-patched Bumble
Bee is not present.
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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,
_________________
Lisa R. Gaffney
Biologist
November 7, 2018
Brief Road Property / Arlington Church Road Corridor
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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 natural resource 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.
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 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.