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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 5555 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 6666 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. Brief Road Property / Arlington Church Road Corridor Threatened / Endangered / Protected Species Evaluation 7777 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 Threatened / Endangered / Protected Species Evaluation 8888 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.