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HomeMy WebLinkAbout20190459 Ver 1_401 Application_20190410Preliminary ORM Data Entry Fields for New Actions SAW — 201 - BEGIN DATE [Received Date]: Prepare file folder ❑ Assign Action ID Number in ORM ❑ 1. Project Name [PCN Form A2a]: Patterson Road 2. Work Type: Private ❑ Institutional ❑ Government ❑ Commercial ❑� 3. Project Description / Purpose [PCN Form I33d and 133e]: The project purpose is to develop the project site as an industrial park. 4. Property Applicant [PCN Form A3 or A4]: McDonald Development Company 5. Agent / Consultant [PCN Form A5 — or ORM Consultant ID Number]: CWS; POC: Mr. Sean Martin 6. Related Action ID Number(s) [PCN Form 135b]: SAW -2018-02209 7. Project Location - Coordinates, Street Address, and/or Location Description [PCN Form 131b]: The intersection of Hambright Road and Patterson Road in Huntersville, North Carolina 0 8. Project Location - Tax Parcel ID [PCN Form 131a]: 01723315. 01723314. 01723313. 01723302. 01722106. 01722107. and 01722108 9. Project Location — County [PCN Form A2b]: Mecklenburg 10. Project Location — Nearest Municipality or Town [PCN Form A2c]: Huntersvllle 11. Project Information — Nearest Waterbody [PCN Form 132a]: Torrence Creek 12. Watershed / 8 -Digit Hydrologic Unit Code [PCN Form 132c]: 03050101 Authorization: Section 10 ❑ Section 404 ❑� Section 10 & 404 Regulatory Action Type: ❑Standard Permit Nationwide Permit #39 ❑ Regional General Permit # ✓❑ Jurisdictional Determination Request ❑Pre -Application Request Unauthorized Activity 0 Compliance ❑ No Permit Required Revised 20150602 CAROLINA WETLAND SERVICES, INC. 550 E. Westinghouse Blvd. Charlotte, NC 28273 704-527-1177 (office) 704-527-1133 (fax) April 8, 2019 Mr. David Shaeffer U.S. Army Corps of Engineers Charlotte Satellite Office Subject: Pre -Construction Notification Pursuant to Nationwide Permit No. 39 Patterson Road Mecklenburg County, North Carolina SAW -2018-02209 Dear Mr. Shaeffer, On behalf of our client, McDonald Development Company, please find enclosed a Pre - Construction Notification (PCN) application for the Patterson Road project, pursuant to a Nationwide Permit No. 39. An Individual Permit waiver is being requested for impacts to streams on the basis that proposed impacts will result in minimal individual and cumulative adverse environmental effects. The Patterson Road property (Mecklenburg County Tax Parcel Nos. 01723315, 01723314, 01723313, 01723302, 01722106, 01722107, and 01722108) is approximately 61.9 -acres in extent. The project purpose is to develop the subject site as an industrial park to serve the unmet demand for first-class warehouse and manufacturing space in the Huntersville submarket. The McDonald Development Company has contracted Carolina Wetland Services, Inc. (CWS) to provide Section 404/401 permitting services for this project. An executed Agent Authorization Form is included. CWS is submitting a check for $570.00 to cover the cost of the application fee for the NCDEQ — DWR PCN submittal. Please do not hesitate to contact Sean Martin at 828-719-1320 or sean@cws-inc.net should you have any questions or comments regarding this project. Sincerely, ��iA Sean Martin Senior Scientist Cc: Daniel Hines — Bohler Engineering Tracy White —McDonald Development Company Mr. Alan Johnson - N.C. Division of Water Resources, Mooresville Regional Office NORTH CAROLINA • SOUTH CAROLINA WWW.CWS-INC.NET Page 1 of 2 Patterson Road Nationwide Permit No. 39 Attachments April 8, 2019 CWS Project No. 2018-0215 A: Agent Authorization Form B: Preliminary Jurisdictional Determination (PJD) Application with Strearnmetland Dataforms, Project Figures, and Photo Pages C: NCSAM Form (Stream A & B) D: NC SHPO Response Letter E: Protected, Endangered, and Threatened Species (PETS) Report F: NC Natural Heritage Program (NCNHP) Database Query Response Letter G: Concept Plan H: Alternative Site Plan No. 1 I: Alternative Site Plan No. 2 J: NCDMS In -lieu Fee Mitigation Approval Letter Page 2 of 2 o�oF W ATFRbw QG 7 q Office Use Only: Corps action ID no. DWQ project no. Form Version 1.3 Dec 10, 2008 Page 1 of 15 Pre -Construction Notification (PCN) Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: ®Section 404 Permit El Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: 39 or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? FE Yes ❑ No 1d. Type(s) of approval sought from the DWQ (check all that apply): ® 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ❑ Yes ® No For the record only for Corps Permit: ❑ Yes ® No 1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. ® Yes ❑ No 1 g. Is the project located in any of NC's twenty coastal counties? If yes, answer 1 h below. ❑ Yes ® No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ® No 2. Project Information 2a. Name of project: Patterson Road 2b. County: Mecklenburg 2c. Nearest municipality / town: Huntersville 2d. Subdivision name: N/A 2e. NCDOT only, T.I.P. or state project no: N/A Page 1 of 15 3. Owner Information Anne McElroy Griffin 3a. Name(s) on Recorded Deed: William Vance McElroy Jr. Donald R. Lee, Trustee of the Jane McElroy Lee Family Trust Margaret Conn Horton and Hazeline Conn Moss 3b. Deed Book and Page No. 29338-961, 31011-756, 29338-973, 30373-29, 29338-976, 31011-731, 29338-964 3c. Responsible Party (for LLC if N/A applicable): Anne McElroy Griffin, 16232 Leeward Ln, Huntersville, NC 28078 3d. Street address: William Vance McElroy Jr., 9547 Pembroke Rd, Huntersville, NC 28070 Lee Family Trust POC: Donald R. Lee, 166 Willow Valley Dr, Mooresville, NC 28115 Margaret Conn Horton & Hazeline Conn Moss, 267 Milton Turnpike, Milton, NY 12547 3e. City, state, zip: I (see above addresses) Anne McElroy Griffin 704-827-7555 3f. Telephone no.: William Vance McElroy, Jr. 704-394-0472 Donald R. Lee, Trustee 704-607-3841 Margaret Conn Horton and Hazeline Conn Moss 875-795-2213 3g. Fax no.: I N/A Anne McElroy Griffin memaw35(d-)icloud.com 3h. Email address: William Vance McElroy, Jr. somersghent .aol.com Donald R. Lee, Trustee dlee(o)clarkpatterson.com Margaret Conn Horton and Hazeline Conn Moss Edhorton 1 84(d)gmail.com 4. Applicant Information 4a. Applicant is: 4b. Name: 4c. Business name: 4d. Street address: 4e. City, state, zip: 4f. Telephone no.: 4g. Fax no.: 4h. Email address: 5. Agent/Consultant Information 5a. Name: 5b. Business name: 5c. Street address: 5d. City, state, zip: 5e. Telephone no.: 5f. Fax no.: 5g. Email address: ❑ Agent ® Other, specify: Developer Tracy White McDonald Development Company 525 N. Tryon Street Suite 1600 Charlotte, North Carolina 28202 704-378-8757 N/A twhite@mcdco.com Sean Martin Carolina Wetland Services, Inc (CWS) 550 E Westinghouse Blvd Charlotte, NC 28273 855-214-7635 ext. 722 704-527-1133 sean@cws-inc.net Page 2 of 15 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 01723315, 01723314, 01723313, 01723302, 01722106, 01722107, and 01722108 1 b. Site coordinates (in decimal degrees): Latitude: 35.381380 Longitude: -80.864525 (DD.DDDDDD) (-DD.DDDDDD) 1 c. Property size: 61.9 acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to Torrence Creek proposed project: 2b. Water Quality Classification of nearest receiving water: WS -IV 2c. River basin: map is available at Catawba http://h2o.enr.state.nc.us/admin/maps/ 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: The project area consists of maintained fields and undeveloped forested areas. Land cover within the project area consists of deciduous forest, mixed forest, developed open fields, woody wetlands and emergent herbaceous wetlands. Forested areas appear to be primarily early to mid -succession in age and development, and visual observations indicate recent and historic land clearing and timbering activities within forested areas. 3b. List the total estimated acreage of all existing wetlands on the property: 0.054 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 994 (intermittent) total 3d. Explain the purpose of the proposed project: McDonald Development has been researching the Charlotte market for a long time to identify a suitable site to develop for a business park. A meeting in early 2018 with Lake Norman ED reps indicated they receive a steady flow of requests from existing Huntersville companies and users new to the market for manufacturing, R&D and office/distribution space in and around The Park — Huntersville. In the past year, the demand for industrial space in Huntersville was more than 2,300,000 SF. The users ranged from 10k SF up to 400k SF, with most between 20k — 100k SF, and they were looking for quality facilities. A lot of this demand is a result of the connectivity in Huntersville now that 1-485 has been completed in both directions to I-85. The project purpose is to develop the project site as an industrial park to serve the unmet demand for first-class warehouse and manufacturing space in the Huntersville submarket. 3e. Describe the overall project in detail, including the type of equipment to be used: McDonald Development is proposing a new industrial development along Patterson Road just north of the Hambright Road intersection in Huntersville, NC. The site is approximately ±61 acres in size and is currently vacant farmland and forest. The site is split by Patterson Road with approximately 30 -acres on the west side and 31 acres on the east side. The new development proposes to construct an industrial park with access points from Patterson Road. Currently, the Town of Huntersville is reconstructing Patterson Road to an industrial standard road section from Hambright Road to a point approximately 2,000' north near an existing Duke Energy transmission line. The Town is also planning to continue Patterson Road north to Vanstory Road in the future. The subject site is planned to be developed as an industrial park comprising of approximately 906,600 SF of building space. The project will also include other site improvements such as vehicular parking, truck court and loading areas, utilities including storm/sewer networks, landscaping, and lighting. In addition, an 1,800' public sanitary sewer line is also being proposed to serve the overall development. The proposed on-site sewer will make a connection to an existing off-site line along the eastern property boundary without impacts to jurisdictional waters. At final build -out, the industrial park will have an approximate 65-70% imperviousness. Fill slopes from the edge of the park to the property Page 3 of 15 Page 4 of 15 boundaries will be maintained at a 2.5:1 gradient, at its steepest. Stormwater runoff from the buildings and parking lots will be directed to the proposed onsite collection system and directed to on-site stormwater detention ponds for flow detention and water quality improvement. The Patterson Road project proposes unavoidable impacts to jurisdictional waters under Nationwide Permit (NWP) No. 39 with the construction of a new industrial park. Grading and fill placement for site development will result in temporary and permanent stream impacts, as well as, permanent wetland impacts. Proposed site development includes fill placement in two streams, A and B, resulting in 616 If of permanent stream impacts (S1 & S2). An additional 20 If of temporary fill stream impacts (S3) is proposed to prevent water quality pollution during fill placement in the upstream channel. Temporary fill will be placed on the lower end of the permanent stream impacts to create an impermeable dike for capturing stream flow and sediment that may be held in solution. Stream water will be pumped from the pooled area at the dike and directed to a filter bag located in the uplands where sediment will be collected. Clean stream water will be diverted from the filter bag back to the stream channel below the dike to maintain hydrology during construction. Proposed site development includes fill placement in two wetlands, BB and CC, resulting in 0.04 -acre of permanent wetland impacts (W1 & W2). Impacted wetlands are both forested and located in natural crenulations, adjacent to a seasonal RPW (Stream A). The applicant requests a waiver of the 300 If limit on impacts to streams, as provided for in NWP 39, on the basis that the proposed impacts will result in minimal individual and cumulative adverse environmental effects. Stream A and B are both classified as intermittent and scored `Low' quality using NCSAM. Historic on-site land -use has included clearing of forested areas, agricultural, and ditching, which has resulted in moderate to severe channel incision within Stream A. Abandoned agricultural ditches were observed abutting and directed to Stream A, which are contributing stormwater flows and sediment inputs. Recent field observations found that Stream A is moderately to severely unstable and actively contributes sediment to downstream waters. Stream bed substrate is dominated by sand and silt, indicative of active erosion in the stream channel. Stream bank heights were observed between 6 and 15 feet, indicating active downcutting of the stream bed and active bank erosion. Several deep head cuts were observed in the channel, indicating the stream bed is unstable. Macrobenthic populations were evaluated during site assessments, and findings indicated low quality species in low abundance with poor diversity. The overall function of the affected resource is relatively low, as its biological and chemical functions are degraded, and the stream system contributes to water quality pollution (sediment) in the watershed; hydrology appears to be primarily stormwater driven. The relative importance of Streams A and B to the region is low, as their primary contribution is stormwater conveyance and support of riparian forested areas. Affected riparian forested areas have historically been impacted by timbering and agriculture with a high degree of invasive species competition. The environmental setting in the vicinity of the NWP activity is undeveloped -forested, residential, industrial, commercial development, and transportation. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project (including all prior phases) in the past? Comments: The USACE completed a delineation site review on January 18, 2019. An updated PJD package ® Yes ❑ No ❑ Unknown was submitted to David Shaeffer of the USACE on February 12, 2019 based on the delineation review. The updated PJD package is attached to this PCN application, and the ORM form has been updated to reflect the PJD request along with the NWP #39. 4b. If the Corps made the jurisdictional determination, ®Preliminary El Final what type of determination was made? 4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: Carolina Wetland Services, Inc Name (if known): Sean Martin / Dan Zurlo Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. The Preliminary Jurisdictional Determination has not been issued at this time. Page 4 of 15 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? ❑ Yes ® No ❑ Unknown 5b. If yes, explain in detail according to "help file" instructions. 6. Future Project Plans 6a. Is this a phased project? ❑ Yes ® No 6b. If yes, explain. Page 5 of 15 C. Proposed Impacts Inventory 1. Impacts Summary 1a. Which sections were completed below for your project (check all that apply): ® Wetlands ® Streams - tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. 2b. 2c. 2d. 2e. 2f. Wetland impact Type of jurisdiction number — Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact Permanent (P) or (if known) DWQ — non -404, other) (acres) Temporary T W1 ® P ❑ T Fill Headwater Forest ® Yes ❑ No ® Corps ❑ DWQ 0.016 W2 ® P ❑ T Fill Headwater Forest ® Yes ❑ No ® Corps ❑ DWQ 0.026 W3 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W4 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W5 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W6 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ 2g. Total wetland impacts 0.042 2h. Comments: 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. 3b. 3c. 3d. 3e. 3f. 3g. Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact number - (PER) or (Corps - 404, 10 stream length Permanent (P) or intermittent DWQ — non -404, width (linear Temporary (T) (INT)? other) (feet) feet) S1 ® P ❑ T Fill Stream A ❑ PER ® INT ® Corps ❑ DWQ 4 603 S2 ® P ❑ T Fill Stream B ❑ PER ® INT ® Corps ❑ DWQ 2 13 S3 ❑ P ® T Fill Stream A ❑ PER ® INT ® Corps ❑ DWQ 4 20 S4 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S5 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S6 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ 3h. Total stream and tributary impacts 636 3i. Comments: 616 If permanent and 20 If temporary of impacts. Page 6 of 15 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then indivi ually list all open water impacts below. 4a. 4b. 4c. 4d. 4e. Open water Name of waterbody impact number — (if applicable) Type of impact Waterbody type Area of impact (acres) Permanent (P) or Tempora T 01 ❑P❑T 02 ❑P❑T 03 ❑ PEI T 04 ❑ PEI T 4f. Total open water impacts 4g. Comments: 5. Pond or Lake Construction If pond or lake construction proposed, then complete the chart below. 5a. 5b. 5c. 5d. 5e. Wetland Impacts (acres) Stream Impacts (feet) Upland Pond ID Proposed use or purpose (acres) number of pond Flooded Filled Excavated Flooded Filled Excavated Flooded P1 P2 5f. Total 5g. Comments: 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. 6a. ❑ Neuse El Tar -Pamlico El Other: Project is in which protected basin? ❑ Catawba ❑ Randleman 6b. 6c. 6d. 6e. 6f. 6g. Buffer impact number — Reason Buffer Zone 1 impact Zone 2 impact Permanent (P) or for Stream name mitigation (square feet) (square feet) Temporary T impact re uired? 131 ❑P❑T ❑Yes ❑ No B2 ❑P❑T F-1 Yes ❑ No B3 ❑P❑T F-1 Yes ❑ No 6h. Total buffer impacts 6i. Comments: Page 7 of 15 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. To avoid and minimize adverse effects to jurisdictional waters to the maximum extent practicable the Patterson Road site was delineated, and on-site aquatic features were verified by the USACE during a site visit on February 12, 2019. A Concept Plan was developed by Bohler Engineering in early February of 2019, just prior to the Corps visit. However, once the USACE verified on-site aquatic features, an alternative site plan (No.1) was developed using the Concept Plan to reduce impacts to on-site jurisdictional waters. Alternative Plan No.1 was presented to the USACE, USEPA, NCDEQ-DWR, and NCWRC for review as part of a permit pre -application meeting. The results of the pre -app meeting determined the scope of the project was too narrow for using an Individual Permit. The USEPA and USACE offered to consider waiving the Individual Permit threshold if stream impacts could be further reduced, allowing the project to be permitted under a Nationwide Permit. Alternative Plan No.2 was developed following the pre -app meeting, which significantly reduces the overall proposed impacts to jurisdictional waters of the U.S. Therefore, Alternative Plan No.2 is the preferred plan in pursuance of an NWP No.39 with an IP waiver for the Patterson Road project. No -build Option: A no -build option was considered, which includes consideration of off-site alternatives. The proposed park needs to connect to existing and planned roads to provide convenient access to 1-77 and 1-485, and utilize existing municipal water & sewer, and local electric and gas utilities. A total of 17 sites were identified during the initial market search, which was later narrowed down to three short list sites, including the Patterson Road site. The other two short list sites (Everette Keith Rd and 6855 Old Statesville Rd) were deemed unsuitable due to an irregular shaped property unsupportive for preferred building configuration/size and increased impacts to on-site jurisdictional waters of the U.S. The Patterson Rd site supports the proposed facility configuration and reduces the amount of impacts to jurisdictional waters. Therefore, the Patterson Road site is being purchased to meet the growth and demand for commercial warehouse space in the Huntersville area. However, a no -build option would not meet the project goals and is therefore eliminated from consideration. • Concept Plan: The Concept Plan was developed on February 11, 2019 and maximizes the entire project site boundary. The Concept Plan has a total of 960,460 sf or 22.05 ac of building footprint. Associated parking and truck courts are scaled to the building footprint; larger building footprint requires more parking and larger truck courts. This plan depicted two stormwater BMP detention basins located within three stream channels and fill placement for site development within four stream channels and three wetlands. The total permanent impacts to waters of the U.S. with the Concept Plan is estimated to be 994 If of stream and 0.054 ac of wetlands. Alternative Plan No.1: Alternative No. 1 was developed following the USACE site delineation verification, and this plan was presented to regulatory agencies during a permit pre -application meeting. Alternative Plan No. 1 reduced the building, parking, and truck court footprint, as well as, the stormwater BMP detention extent compared to the Concept Plan. Total building footprint size is 906,600 sf or 20.8 ac. This plan depicts two stormwater BMP detention basins located within three stream channels, but the basins were reduced in size due to an overall reduction in site imperviousness. Total impacts to waters of the U.S. with Alternative No.1 is 794 If of stream and 0.021 ac of wetlands. Alternative Plan No.2: Alternative No.2 was developed following the regulatory agency permit pre -application meeting in order to lower proposed impacts to waters of the U.S. to the maximum extent practicable in pursuance of an NWP No.39 with an IP waiver. Alternative No. 2 reconfigures parking areas, increases fill slopes to the maximum allowable gradient (2.5:1), and changes the shape and extent of the stormwater BMP basins to avoid stream impacts. This plan reduces proposed impacts to jurisdictional waters while maintaining the project purpose and need. Total impacts to waters of the U.S. with Alternative No.2 is 636 If stream (616 If permanent) and 0.042 ac of wetlands. Page 8 of 15 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Temporary fill placement below the area of permanent stream fill will be used to prevent water quality pollution during fill placement in the upstream channel. Temporary fill will be placed on the lower end of the permanent stream impacts to create an impermeable dike for capturing stream flow and sediment that may be held in solution. Stream water will be pumped from the pooled area at the dike and directed to a filter bag located in the uplands where sediment will be collected. Clean stream water will be diverted from the filter bag back to the stream channel below the dike to maintain hydrology during construction. Following construction, temporary fill will be removed from the channel and disturbed stream banks will be returned to original height and slope, matted with a bio -degradable matting, and seeded with a native erosion control and riparian seed mix. 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? ® Yes ❑ No 2b. If yes, mitigation is required by (check all that apply): ® DWQ ® Corps 2c. If yes, which mitigation option will be used for this project? ❑ Mitigation bank ®Payment to in -lieu fee program ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type Quantity 3c. Comments: 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. ® Yes 4b. Stream mitigation requested: 606 linear feet 4c. If using stream mitigation, stream temperature: ® warm ❑ cool ❑cold 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non -riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Page 9 of 15 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires ❑ Yes ® No buffer mitigation? If yes, you will have to fill out this entire form — please contact the State for more information. 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. 6c. 6d. 6e. Zone Reason for impact Total impact Multiplier Required mitigation (square feet) (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund). 6h. Comments: Page 10 of 15 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1a. Does the project include or is it adjacent to protected riparian buffers identified ❑ Yes ® No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. ❑ Yes ❑ No Comments: Page 11 of 15 PCN Form — Version 1.3 December 10, 2008 Version C. Stormwater Management and Diffuse Flow Plan (required by DWQ), continued 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 65-70% 2b. Does this project require a Stormwater Management Plan? ® Yes ❑ No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: The subject property is located within the Town of Huntersville and will be required to meet the stormwater requirements quality requirements set forth by the Town as well as the Post Construction Stormwater Ordinance which was developed for the Town of Huntersville by Mecklenburg County. Low Impact Develpoment (LID) is required by the Town when more than 12% BUA (built upon area) threshold is exceeded in order to provide additional water quality treatment from runoff. BMP's shall be designed to achieve 85% TSS removal treat 50% of runoff from the 1St inch of rainfall. Below is a summary of the post construction detention requirements for the Town of Huntersville for high density projects. Both Volume Control analysis and Peak Control analysis is required. The post -construction control measures must manage the increase in volume for the 1 -year, 24-hour storm event (Volume Control). In addition, attenuation of the 2 -year and 10 -year, 24-hour storm events are required such that the post -developed flow is less than the pre - developed flow (Peak Control). In order to meet the Town and County stormwater requirements, two (2) stormwater detention ponds have been chosen for the BMP. Each pond will be generally located at the low points of the property and sized appropriately based on the impervious area of the new development. Runoff for each phase of the project will be directed to the stormwater ponds where water will be detained for a period of time before exiting via an outlet control structure designed to reduce the runoff velocity to pre -development conditions. The stormwater ponds will also serve to achive the desired storwmater quality requirements by providing an area for TSS (total suspended solids) to settle prior to exiting the pond. In addition to the ponds, interior bioretention areas andvegetated swales will be implemented to reduce the volume of the post -construction 1 -yr, 24-hour storm event. Western Site: Pond Total Volume: 375,000 cf BMP Volume Controlled: 76,500 cf Flow: Pre- Post- Volume Controlled 2 -year 3.5 cfs 3.43 cfs 135,000 cf 10 -year 27.8 cfs 24.2 cfs 212,000 cf Eastern Site: Pond Total Volume: 455,000 cf BMP Volume Controlled: 79,000 cf Flow: Pre- Post- Volume Controlled 2 -year 3.7 cfs 3.2 cfs 164,000 cf 10 -year 29.0 cfs 25.0 cfs 262,000 cf With the proposed pond facilities, the peak flow for the 2 -year and 10 -year storm events are being reduced below the pre -developed flow condition. Further, the volume in the facility is adequate to manage and detain the BMP volume requirement for the proposed impervious areas. As such, it is the opinion of the engineer that the stormwater management and best management practice requirements of the post -construction condition will be satisfied with the proposed facilities. 2e. Who will be responsible for the review of the Stormwater Management Plan? ® Certified Local Government ❑ DWQ Stormwater Program ❑ DWQ 401 Unit Page 12 of 15 C. Stormwater Management and Diffuse Flow Plan (required by DWQ), continued 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? Town of Huntersville ® Phase II ❑ NSW 3b. Which of the following locally -implemented stormwater management programs ❑ USMP apply (check all that apply): ❑ Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ® No attached? 4. DWQ Stormwater Program Review ❑ Coastal counties ❑ HQW 4a. Which of the following state -implemented stormwater management programs apply ❑ ORW (check all that apply): ❑ Session Law 2006-246 ❑ Other: 4b. Has the approved Stormwater Management Plan with proof of approval been attached? ❑ Yes ❑ No 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ❑ Yes ❑ No 5b. Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No Page 13 of 15 F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1 a. Does the project involve an expenditure of public (federal/state/local) funds or the ❑ Yes ® No use of public (federal/state) land? 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ❑ Yes ❑ No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1 c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval letter.) ❑ Yes ❑ No Comments: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ❑ Yes ® No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after -the -fact permit application? ❑ Yes ® No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in ❑ Yes ® No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. This will be a single and complete project. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. The project will be served by the City of Charlotte municipal sewer. Page 14 of 15 PCN Form — Version 1.3 December 10, 2008 Version 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or ® Yes ❑ No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ® Yes ❑ No impacts? E] Raleigh 5c. If yes, indicate the USFWS Field Office you have contacted. ® Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? CWS performed a data review using North Carolina Natural Heritage Program (NCNHP) Data Explorer on February 26, 2019 to determine the presence of any federally -listed, candidate, endangered, threatened, or critical habitat within the project limits and surrounding area. Based on the NCNHPO review (attached), there are no records for rare species, important natural communities, natural areas, and/or conservation/managed areas within the proposed project boundary. On August 2, 2018 and January 21, 2019 CWS staff scientists performed a pedestrian survey examining the project site for potentially occurring protected species and supporting habitat. The USFWS Endangered, Threatened, FSOC, and Candidate Species website for Mecklenburg County, https://www.fws.gov/raleigh/species/cntylist/mecklenburg.html, was consulted prior to the on-site field investigation to determine which protected species are listed as occurring or potentially occurring within the project vicinity. The results of the CWS field investigation are attached in the PETS Report. CWS concludes the proposed project will not affect federally listed species or species are exempt. A copy of the PETS Report was sent to the Asheville USFWS office for concurrence; no response has been received at this time. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes ® No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? NOAA Fisheries: http://www.habitat.noaa.gov/protection/efh/habitatmapper.htmi 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 ❑ Yes ® No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? NCSHPO web -mapper: http://gis.ncdcr.gov/hpoweb/. A letter requesting cultural resource review was forwarded to the NC Department of Natural and Cultural Resources on 11/27/18. A response letter (attached) received on 1/4/19 indicates a review of the project was completed, and they are aware of no historic resources which would be affected by the project. Therefore, they have no comment on the project as proposed. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA -designated 100 -year floodplain? ❑ Yes ® No 8b. If yes, explain how project meets FEMA requirements: 8c. What source(s) did you use to make the floodplain determination? NC Flood Risk Information System: Panel 4549 Sean Martin 0 A �� 4-8-19 Agent's Printed Name Agent's Signature Date (Agent authorization letter is attached.) Page 15 of 15 Patterson Road - NWP #39 Attachments ATTACHMENT A: Agent Authorization Form April 8, 2019 CWS Project No. 2018-0215 AGENT CERTIFICATION OF AUTHORIZATION 1, --rvr1Aoj n i , representing Me,�) a'�-44 hereby certify that I have authorized Sean Martin of Carolina Wetland Services, Inc. to act on my behalf and take all actions necessary to the processing, issuance, and acceptance of this request for wetlands determination / permitting and any and all standard and special conditions attached. We hereby certify that the above information submitted in this application is true and accurate to the best of our knowledge. A. A . 0 O`Z-S Applicant' s' ature 11 Z,,Ip 1 11,0 Date Agent's signature August 21, 2018 Date Completion of this form will allow the agent to sign all future application correspondence. Patterson Road - NWP #39 Attachments ATTACHMENT B: PJD Application April 8, 2019 CWS Project No. 2018-0215 CAROLINA WETLAND SERVICES, INC. 550 E. Westinghouse Blvd. Charlotte, NC 28273 704-527-1177(office) 704-527-1133 (fax) To: Mr. David Shaeffer Charlotte Regulatory Satellite Office U.S. Army Corps of Engineers 151 Patton Avenue, Room 208 Asheville, NC 28801 Subject: Patterson Road Huntersville, North Carolina CWS Project No. 2018-0215 LETTER OF TRANSMITTAL Date: February 12, 2019 WE ARE SENDING YOU: J Preliminary JD Package ❑ Approved JD Package ❑ Other ON BEHALF OF: McDonald Development Company, POC: Mr. Tracy White ATTACHMENTS INCLUDED: NO. DESCRIPTION 1 Preliminary ORM 2 Jurisdictional Determination Request Form 3 Preliminary Jurisdictional Determination Form 4 Property Owner Information 5 Agent Authorization Form 6 Figure 1. Vicinity Ma 7 Figure 2. USGS Site Location 8 Figure 3. Aerial Imagery 9 Figure 4. USDA-NRCS Current Soil Survey of Mecklenburg Count 10 Figure 5. USDA-NRCS Historic Soil Survey of Mecklenburg Count 11 Figure 6. National Wetland Inventor 12 Figure 7. Jurisdictional Boundaries 13 USACE Wetland Determination Data Forms (DP1 and DP2 14 NCDEQ Stream Classification Form SCP1-SCP4 15 Photograph (Photographs 1-5 THESE ARE TRANSMITTED as checked below: J For verification and signature ❑ Revisions per field visit ❑ As requested ❑ As submitted REMARKS: Mr. Shaeffer, we are submitting a preliminary JD for your verification and signature. Please do not hesitate to contact Sean Martin at 828-719-1320 or sean@cws-inc.net should you have any questions or comments regarding this request. Sincerely, yo�" 0 C -,A -A Sean Martin Senior Project Scientist Christine Geist, PWS, CE Principal Scientist Preliminary ORM Data Entry Fields for New Actions SAW — 201 - BEGIN DATE [Received Date]: Prepare file folder ❑ Assign Action ID Number in ORM ❑ 1. Project Name [PCN Form A2a]: Patterson Road 2. Work Type: Private ❑ Institutional ❑ Government ❑ Commercial ❑� 3. Project Description / Purpose [PCN Form I33d and 133e]: The project purpose is to develop the project site as an industrial park. 4. Property Applicant [PCN Form A3 or A4]: McDonald Development Company 5. Agent / Consultant [PCN Form A5 — or ORM Consultant ID Number]: CWS; POC: Mr. Sean Martin 6. Related Action ID Number(s) [PCN Form 135b]: SAW -2018-02209 7. Project Location - Coordinates, Street Address, and/or Location Description [PCN Form 131b]: The intersection of Hambright Road and Patterson Road in Huntersville, North Carolina 0 8. Project Location - Tax Parcel ID [PCN Form 131a]: 01723315. 01723314. 01723313. 01723302. 01722106. 01722107. and 01722108 9. Project Location — County [PCN Form A2b]: Mecklenburg 10. Project Location — Nearest Municipality or Town [PCN Form A2c]: Huntersvllle 11. Project Information — Nearest Waterbody [PCN Form 132a]: Torrence Creek 12. Watershed / 8 -Digit Hydrologic Unit Code [PCN Form 132c]: 03050101 Authorization: Section 10 ❑ Section 404 ❑� Section 10 & 404 Regulatory Action Type: ❑Standard Permit Nationwide Permit #39 ❑ Regional General Permit # ✓❑ Jurisdictional Determination Request ❑Pre -Application Request Unauthorized Activity 0 Compliance ❑ No Permit Required Revised 20150602 urisdictional Determination Reauest US Army Corps of Engineers Wilmington District This form is intended for use by anyone requesting a jurisdictional determination (JD) from the U.S. Army Corps of Engineers, Wilmington District (Corps). Please include all supporting information, as described within each category, with your request. You may submit your request via mail, electronic mail, or facsimile. Requests should be sent to the appropriate project manager of the county in which the property is located. A current list of project managers by assigned counties can be found on-line at: http://www.saw.usace.army.mil/Missions/Re ug latoryPermitProgram/Contact/CountyLocator.aspx, by calling 910-251-4633, or by contacting any of the field offices listed below. Once your request is received you will be contacted by a Corps project manager. ASHEVILLE & CHARLOTTE REGULATORY FIELD OFFICES US Army Corps of Engineers 151 Patton Avenue, Room 208 Asheville, North Carolina 28801-5006 General Number: (828) 271-7980 Fax Number: (828) 281-8120 RALEIGH REGULATORY FIELD OFFICE US Army Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 General Number: (919) 554-4884 Fax Number: (919) 562-0421 INSTRUCTIONS: WASHINGTON REGULATORY FIELD OFFICE US Army Corps of Engineers 2407 West Fifth Street Washington, North Carolina 27889 General Number: (910) 251-4610 Fax Number: (252) 975-1399 WILMINGTON REGULATORY FIELD OFFICE US Army Corps of Engineers 69 Darlington Avenue Wilmington, North Carolina 28403 General Number: 910-251-4633 Fax Number: (910) 251-4025 All requestors must complete Parts A, B, C, D, E, F and G. NOTE TO CONSULTANTS AND AGENCIES: If you are requesting a JD on behalf of a paying client or your agency, please note the specific submittal requirements in Part H. NOTE ON PART D — PROPERTY OWNER AUTHORIZATION: Please be aware that all JD requests must include the current property owner authorization for the Corps to proceed with the determination, which may include inspection of the property when necessary. This form must be signed by the current property owner(s) or the owner(s) authorized agent to be considered a complete request. NOTE ON PART D - NCDOT REQUESTS: Property owner authorization/notification for JD requests associated with North Carolina Department of Transportation (NCDOT) projects will be conducted according to the current NCDOT/USACE protocols. NOTE TO USDA PROGRAM PARTICIPANTS: A Corps approved or preliminary JD may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should also request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. Version: May 2017 Page 1 Jurisdictional Determination Request A. PARCEL INFORMATION Street Address: North of the intersection of Hambright Road and Patterson Road in Huntersville, North Carolina City, State: Huntersville, North Carolina County: Mecklenburg Parcel Index Number(s) (PIN): See attached Table 1. B. REQUESTOR INFORMATION Name: CWS Inc., POC: Mr. Sean Martin Mailing Address: 550 E. Westinghouse Blvd, Charlotte, NC 28273 Telephone Number: 828-719-1320 Electronic Mail Address: sewn@cws-inc.net Select one: EI am the current property owner. ZI am an Authorized Agent or Environmental Consultant' Interested Buyer or Under Contract to Purchase 1-1 Other, please explain. C. PROPERTY OWNER INFORMATION Name: See attached Table 1. Mailing Address: Telephone Number: Electronic Mail Address: 1 Must provide completed Agent Authorization Form/Letter. 2 Documentation of ownership also needs to be provided with request (copy of Deed, County GIS/Parcel/Tax Record). Version: May 2017 Page 2 Jurisdictional Determination Request D. PROPERTY ACCESS CERTIFICATION',' By signing below, I authorize representatives of the Wilmington District, U.S, Army Corps of Engineers (Corps) to enter upon the property herein described for the purpose of conducting on- site investigations, if necessary, and issuing a jurisdictional determination pursuant to Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899, I, the undersigned, am either a duly authorized owner of record of the property identified herein, or acting as the duly authorized agent of the owner of record of the property. Print Name Capacity: FZ] Owner [:]Authorized Agents K //% // x Signature E. REASON FOR JD REQUEST: (Check as many as applicable) ❑ I intend to construct/develop a project or perform activities on this parcel which would be designed to avoid all aquatic resources. ❑ I intend to construct/develop a projector perform activities on this parcel which would be designed to avoid all jurisdictional aquatic resources under Corps authority. ❑✓ 1 intend to construct/develop a projector perform activities on this parcel which may require authorization from the Corps, and the JD would be used to avoid and minimize impacts to jurisdictional aquatic resources and as an initial step in a future permitting process. E] I intend to construct/develop a project or perform activities on this parcel which may require authorization from the Corps; this request is accompanied by my permit application and the JD is to be used in the permitting process. I intend to construct/develop a project or perform activities in a navigable water of the U.S. which is included on the district Section 10 list and/or is subject to the ebb and flow of the tide. A Corps JD is required in order obtain my local/state authorization. ❑ I intend to contest jurisdiction over a particular aquatic resource and request the Corps confirm that jurisdiction does/does not exist over the aquatic resource on the parcel. ❑ I believe that the site may be comprised entirely of dry land. Other: 3 For NCDOT requests following the current NCDOT/USACE protocols, skip to Part E, a If there are multiple parcels owned by different parties, please provide the following for each additional parcel on a continuation sheet. s Must provide agent authorization form/letter signed by owner(s). Version: May 2017 Page 3 jurisdictional Determination Request D. PROPERTY ACCESS CERTIFICATION',4 By signing below, I authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) to enter upon the property herein described for the purpose of conducting on- site investigations, if necessary, and issuing a jurisdictional determination pursuant to Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. 1, the undersigned, am either a duly authorized owner of record of the property identified herein, or acting as the duly authorized agent of the owner of record of the property. 0. /o Print Name Capacity: ✓❑ Owner ❑ Authorized Agent' Date ` Signature E. REASON FOR JD REQUEST: (Check as many as applicable) ❑ I intend to construct/develop a project or perform activities on this parcel which would be designed to avoid all aquatic resources. ❑ I intend to construct/develop a project or perform activities on this parcel which would be designed to avoid all jurisdictional aquatic resources under Corps authority. 0 I intend to construct/develop a project or perform activities on this parcel which may require authorization from the Corps, and the JD would be used to avoid and minimize impacts to jurisdictional aquatic resources and as an initial step in a future permitting process. ❑ I intend to construct/develop a project or perform activities on this parcel which may require authorization from the Corps; this request is accompanied by my permit application and the JD is to be used in the permitting process. ❑ I intend to construct/develop a project or perform activities in a navigable water of the U.S. which is included on the district Section 10 list and/or is subject to the ebb and flow of the tide. A Corps JD is required in order obtain my local/state authorization. I intend to contest jurisdiction over a particular aquatic resource and request the Corps continrt that jurisdiction does/does not exist over the aquatic resource on the parcel_ ❑ I believe that the site may be comprised entirely of dry land. ❑ Other: For NCDOT requests following the current NCDOT/USACE protocols, skip to Part E. If there are multiple parcels owned by different parties, please provide the following for each additional parcel on a continuation sheet. Must provide agent authorization form/letter signed by owner(s). Version: May 2017 Page 3 urisdictional Determination Re D. PROPERTY ACCESS CERTIFICATION 3,4 By signing below, I authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) to enter upon the property herein described for the purpose of conducting on- site investigations, if necessary, and issuing a jurisdictional determination pursuant to Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. I, the undersigned, am either a duly authorized owner of record of the property identified herein, or acting as the duly authorized agent of the owner of record of the property. Print Name Capacity: ❑✓ Owner ❑ Authorized Agents //— !—/8 Date Signature E. REASON FOR JD REQUEST: (Check as many as applicable) ❑ I intend to construct/develop a project or perform activities on this parcel which would be designed to avoid all aquatic resources. ❑ I intend to construct/develop a projector perform activities on this parcel which would be ❑designed to avoid all jurisdictional aquatic resources under Corps authority. ✓ I intend to construct/develop a project or perform activities on this parcel which may require authorization from the Corps, and the JD would be used to avoid and minimize impacts to jurisdictional aquatic resources and as an initial step in a future permitting process. 5 I intend to construct/develop a project or perform activities on this parcel which may require authorization from the Corps; this request is accompanied by my permit application and the JD is to be used in the permitting process. ❑ I intend to construct/develop a project or perform activities in a navigable water of the U.S. which is included on the district Section 10 list and/or is subject to the ebb and flow of the tide. A Corps JD is required in order obtain my local/state authorization. I intend to contest jurisdiction over a particular aquatic resource and request the Corps confirm that jurisdiction does/does not exist over the aquatic resource on the parcel. I believe that the site may be comprised entirely of dry land. ❑ Other: For NCDOT requests following the current NCDOT/USACE protocols, skip to Part E. If there are multiple parcels owned by different parties,, please provide the following for each additional parcel on a continuation sheet. Must provide agent authorization form/letter signed by owner(s). Version: May 2017 Page 3 Jurisdictional Determination Request D. PROPERTY ACCESS CERTIFICATION',' By signing below, I authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) to enter upon the property herein described for the purpose of conducting on- site investigations, if necessary, and issuing a jurisdictional determination pursuant to Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. I, the undersigned, am either a duly authorized owner of record of the property identified herein, or acting as the duly authorized agent of the owner of record of the property. Print Name Capacity: ❑✓ Owner ❑ Authorized Agents Date Signature v E. REASON FOR JD REQUEST: (Check as many as applicable) RI intend to construct/develop a project or perform activities on this parcel which would be designed to avoid all aquatic resources. I intend to construct/develop a project or perform activities on this parcel which would be designed to avoid all jurisdictional aquatic resources under Corps authority. ,/� I intend to construct/develop a project or perform activities on this parcel which may require authorization from the Corps, and the JD would be used to avoid and minimize impacts to jurisdictional aquatic resources and as an initial step in a future permitting process. MI intend to construct/develop a project or perform activities on this parcel which may require authorization from the Corps; this request is accompanied by my permit application and the JD is to be used in the permitting process. MI intend to construct/develop a project or perform activities in a navigable water of the U.S. which is included on the district Section 10 list and/or is subject to the ebb and flow of the tide. A Corps JD is required in order obtain my local/state authorization. I intend to contest jurisdiction over a particular aquatic resource and request the Corps confirm that jurisdiction does/does not exist over the aquatic resource on the parcel. I believe that the site may be comprised entirely of dry land. Other: s For NCDOT requests following the current NCDOT/USACE protocols, skip to Part E. a If there are multiple parcels owned by different parties, please provide the following for each additional parcel on a continuation sheet. s Must provide agent authorization form/letter signed by owner(s). Version: May 2017 Page 3 Jurisdictional Determination Request F. JURISDICTIONAL DETERMINATION (JD) TYPE (Select One) ❑✓ I am requesting that the Corps provide a preliminary JD for the property identified herein. A Preliminary Jurisdictional Determination (PJD) provides an indication that there may be "waters of the United States" or "navigable waters of the United States"on a property. PJDs are sufficient as the basis for permit decisions. For the purposes of permitting, all waters and wetlands on the property will be treated as if they are jurisdictional "waters of the United States". PJDs cannot be appealed (33 C.F.R. 331.2); however, a PJD is "preliminary" in the sense that an approved JD can be requested at any time. PJDs do not expire. ❑ I am requesting that the Corps provide an approved JD for the property identified herein. An Approved Jurisdictional Determination (AJD) is a determination that jurisdictional "waters of the United States" or "navigable waters of the United States" are either present or absent on a site. An approved JD identifies the limits of waters on a site determined to be jurisdictional under the Clean Water Act and/or Rivers and Harbors Act. Approved JDs are sufficient as the basis for permit decisions. AJDs are appealable (33 C.F.R. 331.2). The results of the AJD will be posted on the Corps website. A landowner, permit applicant, or other "affected party" (33 C.F.R. 331.2) who receives an AJD may rely upon the AJD for five years (subject to certain limited exceptions explained in Regulatory Guidance Letter 05- 02). ❑ I am unclear as to which JD I would like to request and require additional information to inform my decision. G. ALL REQUESTS Map of Property or Project Area. This Map must clearly depict the boundaries of the review area. ✓❑ Size of Property or Review Area 75.6 acres. ❑ The property boundary (or review area boundary) is clearly physically marked on the site. Version: May 2017 Page 4 Jurisdictional Determination Request H. REQUESTS FROM CONSULTANTS Project Coordinates (Decimal Degrees): Latitude: Longitude 35.381380 -80.864525 ❑✓ A legible delineation map depicting the aquatic resources and the property/review area. Delineation maps must be no larger than 11x17 and should contain the following: (Corps signature of submitted survey plats will occur after the submitted delineation map has been reviewed and approved).6 ■ North Arrow ■ Graphical Scale ■ Boundary of Review Area ■ Date ■ Location of data points for each Wetland Determination Data Form or tributary assessment reach. For Approved Jurisdictional Determinations: ■ Jurisdictional wetland features should be labeled as Wetland Waters of the US, 404 wetlands, etc. Please include the acreage of these features. ■ Jurisdictional non -wetland features (i.e. tidal/navigable waters, tributaries, impoundments) should be labeled as Non -Wetland Waters of the US, stream, tributary, open water, relatively permanent water, pond, etc. Please include the acreage or linear length of each of these features as appropriate. ■ Isolated waters, waters that lack a significant nexus to navigable waters, or non - jurisdictional upland features should be identified as Non -Jurisdictional. Please include a justification in the label regarding why the feature is non jurisdictional (i.e. "Isolated", "No Significant Nexus", or "Upland Feature"). Please include the acreage or linear length of these features as appropriate. For Preliminary Jurisdictional Determinations: ■ Wetland and non -wetland features should not be identified as Jurisdictional, 404, Waters of the United States, or anything that implies jurisdiction. These features can be identified as Potential Waters of the United States, Potential Non -wetland Waters of the United States, wetland, stream, open water, etc. Please include the acreage and linear length of these features as appropriate. Completed Wetland Determination Data Forms for appropriate region (at least one wetland and one upland form needs to be completed for each wetland type) 6 Please refer to the guidance document titled "Survey Standards for Jurisdictional Determinations" to ensure that the supplied map meets the necessary mapping standards. http://www.saw.usace.army.mil/Missions/Re ug latory-Permit- Program/Jurisdiction/ Version: May 2017 Page 5 Jurisdictional Determination Request ✓❑ Completed appropriate Jurisdictional Determination form • PJDs, please complete a Preliminary Jurisdictional Determination Form' and include the Aquatic Resource Table • AJDs, please complete an Approved Jurisdictional Determination Form' ✓❑ Vicinity Map Aerial Photograph USGS Topographic Map Fr-(] Soil Survey Map ✓❑ Other Maps, as appropriate (e.g. National Wetland Inventory Map, Proposed Site Plan, previous delineation maps, LIDAR maps, FEMA floodplain maps) ❑✓ Landscape Photos (if taken) nNCSAM and/or NCWAM Assessment Forms and Rating Sheets NC Division of Water Resources Stream Identification Forms FOther Assessment Forms ' www.saw.usace.army.mil/Portals/59/docs/re ug latory/regdocs/JD/RGL 08-02_ App _ A_ Prelim_ JD_ Form_fillable.pdf ' Please see hlW://www.saw.usace.ariny.mil/Missions/Re ug latory-Permit-Proaram/Jurisdiction/ Principal Purpose: The information that you provide will be used in evaluating your request to determine whether there are any aquatic resources within the project area subject to federal jurisdiction under the regulatory authorities referenced above. Routine Uses: This information may be shared with the Department of Justice and other federal, state, and local government agencies, and the public, and may be made available as part of a public notice as required by federal law. Your name and property location where federal jurisdiction is to be determined will be included in the approved jurisdictional determination (AJD), which will be made available to the public on the District's website and on the Headquarters USAGE website. Disclosure: Submission of requested information is voluntary; however, if information is not provided, the request for an AJD cannot be evaluated nor can an AJD be issued. Version: May 2017 Page 6 PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: B. NAME AND ADDRESS OF PERSON REQUESTING PJD: CWS. POC: Mr. Sean Martin, 550 E Westinghouse Boulevard, Charlotte, NC 28273 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District- Asheville Regulatory Field Office D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The intersection of Hambright Road and Patterson Road in Huntersville, North Carolina (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: North Carolina County/parish/borough: Mecklenburg City: Huntersville Center coordinates of site (lat/long in degree decimal format): Lat.: 35.381380° Long.: -80.864525° Universal Transverse Mercator: 17S Name of nearest waterbody: McDowell Creek E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑ Office (Desk) Determination. Date: ® Field Determination. Date(s): February 18, 2019 TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION. Site Latitude (decimal Longitude Estimated amount of Type of aquatic Geographic authority to Number degrees) (decimal degrees) aquatic resources in resources (i.e., which the aquatic resource review area (acreage wetland vs. non- "maybe" subject (i.e., and linear feet, if wetland waters) Section 404 or Section applicable 10/404) Wetland 35.38244 -80.861186 0.012 ac. Wetland Waters Section 404 AA Wetland 35.382336 -80.861686 0.026 ac. Wetland Waters Section 404 BB Wetland 35.382546 -80.862343 0.016 ac. Wetland Waters Section 404 CC Stream A 35.382053 -80.862007 8801f Non -Wetland Section 404 Waters Stream B 35.381664 -80.862568 13 if Non -Wetland Section 404 Waters Stream C 35.383113 -80.867993 641f Non -Wetland Section 404 Waters Stream D 35.383163 -80.868077 371f Non -Wetland Section 404 Waters 1) The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an approved JD (AJD) for that review area based on an informed decision after having discussed the various types of JDs and their characteristics and circumstances when they may be appropriate. 2) In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWT) or other general permit verification requiring "pre- construction notification" (PCN), or requests verification for a non -reporting NWP or other general permit, and the permit applicant has not requested an AJD for the activity, the permit applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit authorization based on a PJD, which does not make an official determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an AJD could possibly result in less compensatory mitigation being required or different special conditions; (3) the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) undertaking any activity in reliance upon the subject permit authorization without requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AJD or a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it becomes appropriate to make an official determination whether geographic jurisdiction exists over aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic resources in the review area, the Corps will provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that there "may be" waters of the U.S. and/or that there "may be" navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the review area that could be affected by the proposed activity, based on the following information: SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items should be included in subject file. Appropriately reference sources below where indicated for all checked items: ® Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Map: Figurer Jurisdictional Boundaries ® Data sheets prepared/submitted by or on behalf of the PJD requestor. ❑ Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. Rationale: ❑ Data sheets prepared by the Corps: ❑ Corps navigable waters' study: ❑ U.S. Geological Survey Hydrologic Atlas: ❑ USGS NHD data. ❑ USGS 8 and 12 digit HUC maps. ® U.S. Geological Survey map(s). Cite scale & quad name: Cornelius, NC (1978), Derita, NC (1979), Lake Norman South, NC (1979), and Mountain Island Lake, NC (1978) ® Natural Resources Conservation Service Soil Survey. Citation: Soil Survey of Mecklenburg County, Sheets 1-4, dated 1976 ® National wetlands inventory map(s). Cite name: USFWS NWI, Dated 2017 ❑ State/local wetland inventory map(s): ❑ FEMA/FIRM maps: ❑ 100 -year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929) ® Photographs: ®Aerial (Name & Date): Figure 3: Aerial Imagery or ®Other (Name & Date): Site Photographs 1-5, Taken August 2, 2018 ❑ Previous determination(s). File no. and date of response letter: ❑ Other information (please specify): IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for later jurisdictional rl PtPrm in a ti nn c Signature and date of Regulatory staff member completing PJD 11/27/18 Signature and date of person requesting PJD (REQUIRED, unless obtaining the signature is impracticable)1 1 Districts may establish timeframes for requester to return signed PJD forms. If the requester does not respond within the established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action. Table 1: Owners by Parcel Table Mecklenburg County Owner Name(s) Owner Address Parcel Number 01722106, 01723313 William Vance McElroy Jr. 9547 Pembroke Road Huntersville, NC 28078 01722107, 01723314 Jane McElroy Lee Family 5029 Celeste Court Trust; POC: Donald R. Lee Charlotte, NC 28270 01723302 Margaret Conn Horton 2237 Milton Road Hazeline Conn Moss Charlotte, NC 28215 01723315, 01722108 Anne McElroy Griffin 16232 Leeward Lane Huntersville, NC 28078 For owner contact information contact Tracy White (McDonald Development Company) at 704-378-8757 or twhite@mcdco.com AGENT CERTIFICATION OF AUTHORIZATION 1, --rvr1Aoj n i , representing Me,�) a'�-44 hereby certify that I have authorized Sean Martin of Carolina Wetland Services, Inc. to act on my behalf and take all actions necessary to the processing, issuance, and acceptance of this request for wetlands determination / permitting and any and all standard and special conditions attached. We hereby certify that the above information submitted in this application is true and accurate to the best of our knowledge. A. A . 0 O`Z-S Applicant' s' ature 11 Z,,Ip 1 11,0 Date Agent's signature August 21, 2018 Date Completion of this form will allow the agent to sign all future application correspondence. Kentucky Tennessee to re Georgia Latta Plantation Nature Presence i Extent Virginia i i� i tw; 01 77 South Carolina ti i reek Gilead Rd 0'%W' wnekcf 1-b pewe II High ... .11r1 •1. �. Torrence Creek orrelryc-p G[aa� Greenway a 0 U X VarI I.r_BL Gar Creek Nature Pre serye N �bri� r Ra REFERENCE: BACKGROUND VICINITY MAP PROVIDED BYESRI 22017. Hornets Nest RIgbnal Park SCALE: DATE: No nh sto ne Country C lub r: NcKrn pror'q = e` Oehler m w{ Ffp Nature Preaerve a �erlle C❑nggr e�dRd Huntersville u>zd S`xthp,,, 1 11• G�� r' k 9 l G� d � fA Q r m v "f e_ n f?� 0. a CL _m 0 I }lam tit lid s ti x 5 A1e><•� V `. Ix North Lake Mad or1h Lake Cr a ; S � Legend 21 Project Limits (60.9 ac.) 5,000 2,500 0 5,000 Feet 1 inch = 5,000 feet 11/5/2018 FIGURE NO. Vicinity Map 1CWS PROJECT NO: DRAWN BY: 2018-0215 DJZ Patterson Road of COORDINATES: CHECKED BY: CAROLINA Mecklenburg County 35.381380, -80.864525CAG WETLAND SERVICES. Huntersville, NC 7 G:\Team Drives\Consulting Team Drive\2018\2018 Consulting Projects\2018-0215 Patterson Rd\JD\ArcGIS\Figure1_Vicinity.mxd trance Creelr Huntersville Y _ KINC Y AVE � y m 1 C<[� hEW OAK _ � 3i z - �'I I dw •' �/'] l � 4N - [ o O4. . Cyt I I .. dF '' r�fF y Like N a Ch,rtrr 0 j x„ � 1prr•rtcr c-rrlA a 4J, O rah Al. t ygMBT Le ADEkn v S � d N M&klen Q S` t;�xcn • �i At EX -A RANA{t9.i Legend I Project Limits (60.9 ac.) e REFERENCE: USGS 7.5 MINUTE TOPOGRAPHIC QUADRANGLE(S): CORNELIUS, NC (1978), DERITA, NC (1979), LAKE NORMAN SOUTH, NC (1979), AND MOUNTAIN ISLAND LAKE, NC (1978). 2,000 1,000 0 2,000 Feet SCALE:DATE: FIGURE NO. 1 inch = 2,000 feet 11/5/2018 USGS Topographic Map ^/ CWS PROJECT NO: DRAWN BY: ` 2018-0215 DJZ Patterson Road of COORDINATES: CHECKED BY: C A R 17 L I N A Mecklenburg County 35.381380, -80.864525 CAG WETLAND SERVICES. Huntersville, NC 7 G:\Team Drives\Consulting Team Drive\2018\2018 Consulting Projects\2018-0215 Patterson Rd\JD\ArcGIS\Figure2_USGS.mxd GATeam Drives\Consulting Team Drive\2018\2018 Consulting Projects\2018-0215 Patterson Rd\JD\ArcGIS\Figure3_Aerial.mxd EnB AWORRUPW CeD2 HeB CeD2 PaE I WkD CeB2 WkE WkD Va VaD EnB EnD WkD Wk Va B HeB Va B Va B EnB Trt EnB !9MEl eB \ ` EnB HeB C:;f Legend CeB2 Cecil sandy clay loam, 2 to 8 percent slopes, moderately eroded No, 69 .7 CeD2 Cecil sandy clay loam, 8 to 15 percent slopes, moderately eroded No 5.9 EnB EnB Enon sandy loam, 2 to 8 percent slopes No 3.8 1 Project Limits (60.9 ac.) EnD Enon sandy loam, 8 to 15 percent slopes No 7.5 MO Monacan loam, 0 to 2 percent slopes, frequently flooded Yes 0.4 Roads VaB Vance sandy loam, 2 to 8 percent slopes No 12.8 1,000 500 0 1,000 Feet REFERENCE: USDA-NRCS SOIL SURVEY OF MECKLENBURG COUNTY, NC, DATED 2013. eB D SCALE:1 inch = 1,000 feet 11/5/2018 DATE: USDA-NRCS Current Soil FIGURE NO. CWS PROJECT NO: DRAWN BY: 11 Survey of Mecklenburg County 4 2018-0215 DJZ Patterson Road of COORDINATES: CHECKED BY: CAROLINA Mecklenburg County 35.381380, -80.864525 CAG WETL.ANp 5ERVICcs Huntersville, NC 7 G:\Team Drives\Consulting Team Drive\2018\2018 Consulting Projects\2018-0215 Patterson Rd\JD\ArcGIS\Figure4_CurrentSoil.mxd a- F Is MCI r F L CAI? n Ce82 MPFi 1 &A, C1 Met] [}p i Le C(102 rMkG lies H. C(102� � Cef)2 1 �1'+�•O VaR } Ceps 1 . J MO Va wkn Vas I Ce6? f- C ce W k8 v ah W4,0 C•8�1. .kLr' NSa£i .r VI•.R 1WkFs 1 n r iiii J,Cep'L CaDVd .' a� i vas C^83 S HB u G EnD HI't',•r: v ae � sie8 Cep2 �y '' VaU rvfl? MU En6 41 / fF f r EnG Cep 11aD �•t �.P�, � VaP �c9 V e e Irk F • r; 2N2 En 1 i! f c. Ceez GC62 Cr82 B Mo rr Vas Wk HuR Hambright Road _ `V eBi Fnf3 H, Li CPfi 1, llr Ei'H .:R F' .u,. Ya$ H..H Irq Ge6? MeB F O Fs=F1 l,r n8 1�r7 J I -{:-r3 VD En6 � En6 IVIri It89 EnH Fnr3 v�6 MrE7 . h" a Me(3 En6 V•�H 4 p VtiD Vai] cob? CPO. FnB n v ae moi_{ra i g '•i ,.,,. h - �' • Unit Name and Descriptior HydicR�Er CeB2 Cecil sandy clay loam, 2 to 8 percent slopes, moderately eroded No • 69.7 vq0 CeD2 Cecil sandy clay loam, 8 to 15 percent slopes, moderately eroded No 5.9 Legend EnB Enon sandy loam, 2 to 8 percent slopes No 3.8 Vag EnD Enon sandy loam, 8 to 15 percent slopes No 7.5 MO Monacan loam, 0 to 2 percent slopes, frequently flooded Yes 0.4 Project Limits (60.9 ac.) VaB Vance sandy loam, 2 to 8 percent slopes No 12.8 Totals for Area o Interest: 0 2,000 REFERENCE: USDA-NRCS PUBLISHED SOIL SURVEY OF MECKLENBURG COUNTY, NC, SHEETS 1-4, DATED 1976. 1,000 0 2,000 Feet SCALE: DATE: FIGURE NO. 1 inch = 2,000 feet 11/5/2018 USDA-NRCS Published Soil CWS PROJECT NO: DRAWN BY: Survey of Mecklenburg C C 2018-0215 DJZ Patterson Road of COORDINATES: CHECKED BY: CAROLINA Mecklenburg County 35.381380, -80.864525 CAG WETLANID 5EJQVIr-Es Huntersville, NC 7 G:\Team Drives\Consulting Team Drive\2018\2018 Consulting Projects\2018-0215 Patterson Rd\JDWrcGIS\Figure5_HistoricSoil.mxd 9tyO°a oa0 T° a`�e /' cn o,Qa N r o v� arkers o Go t 3 wROdanthe p 0 ON N 7 Hambri5ht Rd I t 'Qe pL eese By We esee ewe I AV Reese B o ese v c Q y L � e�b fayre G N e� (bright lid a c h'a = �br• �. �ghtRa r Rd J G:\Team Drives\Consulting Team Drive\2018\2018 Consulting Projects\2018-0215 Patterson Rd\JD\ArcGIS\Figure6_NWl.mxd Legend Project Limits (60.9 ac.) m Roads N �a National Wetlands Inventory ® Freshwater Forested/Shrub Wetland Freshwater Pond A° Riverine REFERENCE: NATIONAL WETLAND INVENTORY DATA PROIVDED BY UNITED STATES FISH AND WILDLIFE SERVICE FOR NORTH CAROLINA, ACCESSED 2018. BACKGROUND LAYER(S) PROVIDED BY MECKLENBURG COUNTY GIS DEPARTMENT, DATED 2017. 1,000 5OO O 1,000 Feet T7 Q SCALE:DATE: 1 inch = 1,000 feet 11/5/2018 National Wetlands Inventory FIGURE NO. 6 CWS PROJECT NO: DRAWN BY: Patterson Road Mecklenburg County 2018-0215 DJZ CAROLINA of COORDINATES: CHECKED BY: 35.381380, -80.864525 CAG WETL.ANO 5ERVICES Huntersville, NC 7 G:\Team Drives\Consulting Team Drive\2018\2018 Consulting Projects\2018-0215 Patterson Rd\JD\ArcGIS\Figure6_NWl.mxd Wetland AA e DP4 0.012 acre • DP1 Ole Wetland CC • DP3 —/� 0.016 acre Wetland BB 0.026 acre 1 inch = 150 feet 0 Intermittent Stream D 37 If • •�• • .� S CP5 / ♦ SCP S 1 inch = 50 feet e Legend Project Limits (60.9 ac.) ® Wetland Intermittent Stream Roads Tax Parcels ODP Data Point . SCP Stream Classification Point N Photo Location and Direction Indicates Flow Intermittent Stream A 880 If e •• Intermittent Stream B 13 If SC P4♦' inch25 feet Intermittent Stream C REFERENCE: BACKGROUND GIS LAYER(S) PROVIDED BY MECKLENBURG COUNTY GIS DEPARTMENT, DATED 2018. 64 If NOTE: JURISDICTIONAL WATERS OF THE U.S. WERE DELINEATED (FLAGGED IN THE FIELD), CLASSIFIED, AND MAPPED USING A SUB -FOOT CAPABLE GPS 500 250 0 500 Feet UNIT BY CWS, INC., ON AUGUST 2, 2018. JURISDICTIONAL FEATURES WERE m FIELD VERIFIED BYTHE USACE ON JANUARY 18, 2019. SCALE:DATE: 1 inch = 500 feet 1/31/2019 Jurisdictional Boundaries FIGURE NO. Updated January 31, 2019 7 CWS PROJECT NO: DRAWN BY: Patterson Road Mecklenburg County 2018-0215 JKM CAROLINA of COORDINATES: CHECKED BY: 35.381380, -80.864525 CAG WETL.ANO 5ERVICES Huntersville, NC 7 G:\Team Drives\Consulting Team Drive\2018\2018 Consulting Projects\2018-0215 Patterson Rd\JD\ArcGIS\Figure7_JD.mxd WETLAND DETERMINATION DATA FORM — Eastern Mountains and Piedmont Region Project/Site: Patterson Road Site City/County: Mecklenburg Sampling Date: 8/2/18 Applicant/Owner: Tracy White/ McDonald Development Company State: NC Sampling Point: DPI Investigator(s): AVH/DJZ Section, Township, Range: Huntersville Landform (hillside, terrace, etc.): hillside Local relief (concave, convex, none): convex Slope (%): 0-5 Subregion (LRR or MLRA): LRR P, MLRA 136 Lat: 35.381288 Long: -80.862843 Datum: NAD83 Soil Map Unit Name: Monacan loam, 0 to 2 percent slopes, frequently flooded (MO) NWI classification: None Are climatic / hydrologic conditions on the site typical for this time of year? Yes X No (If no, explain in Remarks.) Are Vegetation Soil or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes X No Are Vegetation Soil or Hydrology naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes X No Is the Sampled Area Hydric Soil Present? Yes X No within a Wetland? Wetland Hydrology Present? Yes X No Remarks: Data point is representative of jurisdictional wetland area AA HYDROLOGY Yes X No Wetland Hydrology Indicators: Secondary Indicators (minimum of two required) Primary Indicators (minimum of one is required; check all that apply) —Surface Soil Cracks (66) X Surface Water (Al) _True Aquatic Plants (1314) —Sparsely Vegetated Concave Surface (138) _ High Water Table (A2) _ Hydrogen Sulfide Odor (C1) _ Drainage Patterns (1310) _Saturation (A3) _Oxidized Rhizospheres on Living Roots (C3) _Moss Trim Lines (1316) —Water Marks (61) —Presence of Reduced Iron (C4) _ Dry -Season Water Table (C2) _Sediment Deposits (132) _Recent Iron Reduction in Tilled Soils (C6) _Crayfish Burrows (C8) _Drift Deposits (B3) _Thin Muck Surface (C7) _Saturation Visible on Aerial Imagery (C9) —Algal Mat or Crust (B4) —Other (Explain in Remarks) —Stunted or Stressed Plants (D1) _ Iron Deposits (135) X Geomorphic Position (D2) _ Inundation Visible on Aerial Imagery (137) —Shallow Aquitard (D3) —Water -Stained Leaves (139) —Microtopographic Relief (D4) Aquatic Fauna (B13) FAC -Neutral Test (D5) Field Observations: Surface Water Present? Yes X No Depth (inches): 1 Water Table Present? Yes No X Depth (inches): Saturation Present? Yes X No Depth (inches): 0 Wetland Hydrology Present? Yes X No (includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: Indicators of wetland hydrology are present. US Army Corps of Engineers Eastern Mountains and Piedmont – Version 2.0 VEGETATION (Four Strata) - Use scientific names of plants. Sampling Point: DP1 Tree Stratum (Plot size: 30 ) % Cover Species? Status Dominance Test worksheet: 1. Ulmus rubra 30 Yes FAC Number of Dominant Species 2. Liquidambar styraciflua 25 Yes FAC That Are OBL, FACW, or FAC: 6 (A) 3. Acer rubrum 25 Yes FAC Total Number of Dominant 4. Prunus serotina 10 No FACU Species Across All Strata: 8 (B) 5. Betula nigra 10 No FACW Percent of Dominant Species 6. That Are OBL, FACW, or FAC: 75.0% (A/B) 7. Prevalence Index worksheet: 100 =Total Cover Total % Cover of: Multiply by: 50% of total cover: 50 20% of total cover: 20 OBL species x 1 = Sapling/Shrub Stratum (Plot size: 15 ) FACW species x 2 = 1. Elaeagnus umbellata 30 Yes UPL FAC species x 3 = 2. Ulmus rubra 10 Yes FAC FACU species x 4 = 3. Ulmus alata 10 Yes FACU UPL species x 5 = 4. Liquidambarstyraciflua 10 Yes FAC Column Totals: (A) (B) 5. Ligustrum sinense 8 No FACU Prevalence Index = B/A = 6. Hydrophytic Vegetation Indicators: 7. _ 1 - Rapid Test for Hydrophytic Vegetation 8. X 2 - Dominance Test is >50% 9. 3 - Prevalence Index is :-3.0' 68 =Total Cover _ 4 - Morphological Adaptations' (Provide supporting 50% of total cover: 34 20% of total cover: 14 data in Remarks or on a separate sheet) Herb Stratum (Plot size: 5 ) _ Problematic Hydrophytic Vegetation' (Explain) 1. Microstegium vimineum 80 Yes FAC Indicators of hydric soil and wetland hydrology must 2. Betula nigra 10 No FACW be present, unless disturbed or problematic. Definitions of Four Vegetation Strata: 3. Celtis laevigata 5 No FACW 4. Parthenocissus quinquefolia 5 No FACU Tree - Woody plants, excluding vines, 3 in. (7.6 cm) or 5. Vitis rotundifolia 5 No FAC more in diameter at breast height (DBH), regardless of 6. Rosa multiflora 5 No FACU height. 7. Ranunculus abortivus 3 No FACW Sapling/Shrub - Woody plants, excluding vines, less 8. than 3 in. DBH and greater than or equal to 3.28 ft 9 (1 m) tall. 10. Herb - All herbaceous (non -woody) plants, regardless 11. of size, and woody plants less than 3.28 ft tall. 113 =Total Cover Woody Vine - All woody vines greater than 3.28 ft in 50% of total cover: 57 20% of total cover: 23 height. Woody Vine Stratum (Plot size: 30 ) 1. 2. 3. 4. 5' Hydrophytic =Total Cover Vegetation 50% of total cover: 20% of total cover: Present? Yes X No Remarks: (Include photo numbers here or on a separate sheet.) 75.0% of dominant vegetation is FAC or wetter. US Army Corps of Engineers Eastern Mountains and Piedmont - Version 2.0 SOIL Sampling Point: DP1 Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features _ Histosol (Al) (inches) Color (moist) % Color (moist) % Type Loc Texture Remarks 0-2 10YR 3/2 100 _ Hydrogen Sulfide (A4) Loamy/Clayey 2-6 10YR 5/1 60 7.5YR 5/6 40 C M Loamy/Clayey Prominent redox concentrations 6-20 10YR 6/1 60 7.5YR 5/6 40 Loamy/Clayey Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains. 2Location: PL=Pore Lining, M=Matrix. Hydric Soil Indicators: Indicators for Problematic Hydric Soils3: _ Histosol (Al) _ Polyvalue Below Surface (S8) (MLRA 147, 148) _ 2 cm Muck (A10) (MLRA 147) Histic Epipedon (A2) _Thin Dark Surface (S9) (MLRA 147, 148) _Coast Prairie Redox (A16) —Black Histic (A3) —Loamy Mucky Mineral (F1) (MLRA 136) (MLRA 147, 148) _ Hydrogen Sulfide (A4) —Loamy Gleyed Matrix (F2) —Piedmont Floodplain Soils (F19) _Stratified Layers (A5) X Depleted Matrix (F3) (MLRA 136, 147) _ 2 cm Muck (A10) (LRR N) _ Redox Dark Surface (F6) —Red Parent Material (F21) X Depleted Below Dark Surface (A11) _ Depleted Dark Surface (F7) (outside MLRA 127, 147, 148) Dark Surface (Al2) ? Redox Depressions (F8) Shallow Dark Surface (F22) _Thick —Sandy Mucky Mineral (S1) _ Iron -Manganese Masses (F12) (LRR N, _Very —Other (Explain in Remarks) Gleyed Matrix (S4) MLRA 136) _Sandy —Sandy Redox (S5) _ Umbric Surface (F13) (MLRA 122, 136) 3Indicators of hydrophytic vegetation and —Stripped Matrix (S6) —Piedmont Floodplain Soils (F19) (MLRA 148) wetland hydrology must be present, Dark Surface (S7) Red Parent Material (F21) (MLRA 127, 147, 148) unless disturbed or problematic. Restrictive Layer (if observed): Type: Depth (inches): Hydric Soil Present? Yes X No Remarks: This data form is revised from Eastern Mountains and Piedmont Regional Supplement Version 2.0 to include the NRCS Field Indicators of Hydric Soils, Version 8.0, 2016. Indicators of hydric soils are present. US Army Corps of Engineers Eastern Mountains and Piedmont – Version 2.0 WETLAND DETERMINATION DATA FORM — Eastern Mountains and Piedmont Region Project/Site: Patterson Road Site City/County: Mecklenburg Sampling Date: 8/2/18 Applicant/Owner: Tracy White/ McDonald Development Company State: NC Sampling Point: DP2 Investigator(s): AVH/DJZ Section, Township, Range: Huntersville Landform (hillside, terrace, etc.): hillside Local relief (concave, convex, none): none Slope (%): 0-5 Subregion (LRR or MLRA): LRR P, MLRA 136 Lat: 35.381288 Long: -80.862843 Datum: NAD83 Soil Map Unit Name: Monacan loam, 0 to 2 percent slopes, frequently flooded (MO) NWI classification: None Are climatic / hydrologic conditions on the site typical for this time of year? Yes X No (If no, explain in Remarks.) Are Vegetation Soil or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes X No Are Vegetation Soil or Hydrology naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes X No Is the Sampled Area Hydric Soil Present? Yes No X within a Wetland? Yes No X Wetland Hydrology Present? Yes No X Remarks: Data point is representative of non -jurisdictional upland area HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (minimum of two required) Primary Indicators (minimum of one is required; check all that apply) —Surface Soil Cracks (66) —Surface Water (Al) —True Aquatic Plants (1314) —Sparsely Vegetated Concave Surface (138) _ High Water Table (A2) _ Hydrogen Sulfide Odor (C1) _ Drainage Patterns (1310) _Saturation (A3) _Oxidized Rhizospheres on Living Roots (C3) _Moss Trim Lines (1316) —Water Marks (61) —Presence of Reduced Iron (C4) _ Dry -Season Water Table (C2) _Sediment Deposits (132) _Recent Iron Reduction in Tilled Soils (C6) _Crayfish Burrows (C8) _Drift Deposits (133) _Thin Muck Surface (C7) _Saturation Visible on Aerial Imagery (C9) —Algal Mat or Crust (B4) —Other (Explain in Remarks) —Stunted or Stressed Plants (D1) _ Iron Deposits (135) _ Geomorphic Position (D2) _ Inundation Visible on Aerial Imagery (137) —Shallow Aquitard (D3) —Water -Stained Leaves (139) —Microtopographic Relief (D4) Aquatic Fauna (B13) FAC -Neutral Test (D5) Field Observations: Surface Water Present? Yes No X Depth (inches): Water Table Present? Yes No X Depth (inches): Saturation Present? Yes No X Depth (inches): Wetland Hydrology Present? Yes No X (includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: Indicators of wetland hydrology are present. US Army Corps of Engineers Eastern Mountains and Piedmont – Version 2.0 VEGETATION (Four Strata) - Use scientific names of plants. Tree Stratum (Plot size: 30 ) 1. Liriodendron tulipifera 2. Liquidambar styraciflua 3. Platanus occidentalis 4. Ulmus rubra 5. 6. 7. 50% of total cover: 63 Sapling/Shrub Stratum (Plot size: 15 ) 1. Elaeagnus umbellata 2. Acer rubrum 3. Acer rubrum 4. 5. 6. 7. 8. 9. 50% of total cover: 55 Herb Stratum (Plot size: 5 ) 1. Microstegium vimineum 2. Parthenocissus quinquefolia 3. Rubus arvensis 4. 5. 6. 7. 8. 9. 10. 11. 50% of total cover: 20 Woody Vine Stratum (Plot size: 30 ) 1. Toxicodendron radicans 2. Vitis rotundifolia 3. 4. 5. Absolute Dominant Indicatc % Cover Species? Status 60 Yes FACU 20 Yes FAC 15 No FACW 10 No FAC 10 No 10 No 125 =Total Cover 20% of total cover: 25 70 Yes UPL 25 Yes FAC 15 No FAC 110 =Total Cover 20% of total cover: 22 30 Yes FAC 5 No FACU 5 No FAC 40 =Total Cover 20% of total cover: 8 15 Yes FAC 10 Yes FAC 25 =Total Cover 50% of total cover: 13 20% of total cover: 5 Remarks: (Include photo numbers here or on a separate sheet.) 71.4% of dominant vegetation is FAC or wetter. Sampling Point: DP2 Dominance Test worksheet: Number of Dominant Species That Are OBL, FACW, or FAC: 5 (A) Total Number of Dominant Species Across All Strata: 7 (B) Percent of Dominant Species That Are OBL, FACW, or FAC: 71.4% (A/B) Prevalence Index worksheet: Total % Cover of: Multiply by: OBL species x 1 = FACW species x 2 = FAC species x 3 = FACU species x 4 = UPL species x 5 = Column Totals: (A) (B) Prevalence Index = B/A = Hydrophytic Vegetation Indicators: _ 1 - Rapid Test for Hydrophytic Vegetation X 2 - Dominance Test is >50% _ 3 - Prevalence Index is :-3.0' 4 - Morphological Adaptations' (Provide supporting data in Remarks or on a separate sheet) Problematic Hydrophytic Vegetation' (Explain) Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problematic. Definitions of Four Vegetation Strata: Tree - Woody plants, excluding vines, 3 in. (7.6 cm) or more in diameter at breast height (DBH), regardless of height. Sapling/Shrub - Woody plants, excluding vines, less than 3 in. DBH and greater than or equal to 3.28 ft (1 m) tall. Herb - All herbaceous (non -woody) plants, regardless of size, and woody plants less than 3.28 ft tall. Woody Vine - All woody vines greater than 3.28 ft in height. Hydrophytic Vegetation Present? Yes X No US Army Corps of Engineers Eastern Mountains and Piedmont - Version 2.0 SOIL Sampling Point: DP2 Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features _ Histosol (Al) (inches) Color (moist) % Color (moist) % Type Loc Texture Remarks 0-2 10YR 3/2 100 _ Hydrogen Sulfide (A4) Loamy/Clayey 2-6 7.5YR 5/6 70 10YR 5/2 30 Loamy/Clayey 6-10 7.5YR 5/6 70 10YR 5/3 30 Loamy/Clayey 10-14 10YR 6/3 60 7.5YR 5/6 40 Loamy/Clayey 14-20 10YR 6/3 65 7.5YR 5/1 35 Loamy/Clayey Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains. 2Location: PL=Pore Lining, M=Matrix. Hydric Soil Indicators: Indicators for Problematic Hydric Soils3: _ Histosol (Al) _ Polyvalue Below Surface (S8) (MLRA 147, 148) _ 2 cm Muck (A10) (MLRA 147) Histic Epipedon (A2) _Thin Dark Surface (S9) (MLRA 147, 148) _Coast Prairie Redox (A16) —Black Histic (A3) —Loamy Mucky Mineral (F1) (MLRA 136) (MLRA 147, 148) _ Hydrogen Sulfide (A4) —Loamy Gleyed Matrix (F2) —Piedmont Floodplain Soils (F19) —Stratified Layers (A5) _ Depleted Matrix (F3) (MLRA 136, 147) _ 2 cm Muck (A10) (LRR N) _ Redox Dark Surface (F6) —Red Parent Material (F21) _ Depleted Below Dark Surface (A11) _ Depleted Dark Surface (F7) (outside MLRA 127, 147, 148) —Thick Dark Surface (Al2) _ Redox Depressions (F8) —Very Shallow Dark Surface (F22) —Sandy Mucky Mineral (S1) _ Iron -Manganese Masses (F12) (LRR N, —Other (Explain in Remarks) Gleyed Matrix (S4) MLRA 136) _Sandy —Sandy Redox (S5) _ Umbric Surface (F13) (MLRA 122, 136) 3Indicators of hydrophytic vegetation and —Stripped Matrix (S6) —Piedmont Floodplain Soils (F19) (MLRA 148) wetland hydrology must be present, Dark Surface (S7) Red Parent Material (F21) (MLRA 127, 147, 148) unless disturbed or problematic. Restrictive Layer (if observed): Type: Depth (inches): Hydric Soil Present? Yes No X Remarks: This data form is revised from Eastern Mountains and Piedmont Regional Supplement Version 2.0 to include the NRCS Field Indicators of Hydric Soils, Version 8.0, 2016. Indicators of hydric soils are present. US Army Corps of Engineers Eastern Mountains and Piedmont – Version 2.0 WETLAND DETERMINATION DATA FORM — Eastern Mountains and Piedmont Region Project/Site: Patterson Road Site City/County: Mecklenburg Sampling Date: 1/21/19 Applicant/Owner: Tracy White/ McDonald Development Company State: NC Sampling Point: DP3 Investigator(s): AVH/DJZ Section, Township, Range: Huntersville Landform (hillside, terrace, etc.): hillside Local relief (concave, convex, none): convex Slope (%): 0-5 Subregion (LRR or MLRA): LRR P, MLRA 136 Lat: 35.382336 Long: -80.861686 Datum: NAD83 Soil Map Unit Name: Monacan loam, 0 to 2 percent slopes, frequently flooded (MO) NWI classification: None Are climatic / hydrologic conditions on the site typical for this time of year? Yes X No (If no, explain in Remarks.) Are Vegetation Soil or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes X No Are Vegetation Soil or Hydrology naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes X No Is the Sampled Area Hydric Soil Present? Yes X No within a Wetland? Wetland Hydrology Present? Yes X No Remarks: Data point is representative of jurisdictional wetland area BB HYDROLOGY Yes X No Wetland Hydrology Indicators: Secondary Indicators (minimum of two required) Primary Indicators (minimum of one is required; check all that apply) —Surface Soil Cracks (66) X Surface Water (Al) _True Aquatic Plants (1314) _Sparsely Vegetated Concave Surface (138) _ High Water Table (A2) _ Hydrogen Sulfide Odor (C1) _ Drainage Patterns (1310) _Saturation (A3) _Oxidized Rhizospheres on Living Roots (C3) _Moss Trim Lines (1316) —Water Marks (131) —Presence of Reduced Iron (C4) _ Dry -Season Water Table (C2) _Sediment Deposits (132) _Recent Iron Reduction in Tilled Soils (C6) _Crayfish Burrows (C8) _ Drift Deposits (B3) _Thin Muck Surface (C7) —Saturation Visible on Aerial Imagery (C9) _Algal Mat or Crust (B4) _Other (Explain in Remarks) _Stunted or Stressed Plants (D1) _ Iron Deposits (135) X Geomorphic Position (D2) _ Inundation Visible on Aerial Imagery (137) —Shallow Aquitard (D3) —Water -Stained Leaves (139) —Microtopographic Relief (D4) Aquatic Fauna (B13) FAC -Neutral Test (D5) Field Observations: Surface Water Present? Yes X No Depth (inches): 1 Water Table Present? Yes No X Depth (inches): Saturation Present? Yes X No Depth (inches): 0 Wetland Hydrology Present? Yes X No (includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: Indicators of wetland hydrology are present. US Army Corps of Engineers Eastern Mountains and Piedmont – Version 2.0 VEGETATION (Four Strata) - Use scientific names of plants. Sampling Point: DP3 Tree Stratum (Plot size: 30 ) % Cover Species? Status Dominance Test worksheet: 1. Ulmus rubra 30 Yes FAC Number of Dominant Species 2. Liquidambar styraciflua 25 Yes FAC That Are OBL, FACW, or FAC: 4 (A) 3. Acer rubrum 25 Yes FAC Total Number of Dominant 4. Prunus serotina 10 No FACU Species Across All Strata: 5 (B) 5. Betula nigra 10 No FACW Percent of Dominant Species 6. That Are OBL, FACW, or FAC: 80.0% (A/B) 7. Prevalence Index worksheet: 100 =Total Cover Total % Cover of: Multiply by: 50% of total cover: 50 20% of total cover: 20 OBL species x 1 = Sapling/Shrub Stratum (Plot size: 15 ) FACW species x 2 = 1. Elaeagnus umbellata 10 No UPL FAC species x 3 = 2. Ulmus rubra 10 No FAC FACU species x 4 = 3. Ulmus alata 10 No FACU UPL species x 5 = 4. Liquidambarstyraciflua 10 No FAC Column Totals: (A) (B) 5. Ligustrum sinense 70 Yes FACU Prevalence Index = B/A = 6. Hydrophytic Vegetation Indicators: 7. _ 1 - Rapid Test for Hydrophytic Vegetation 8. X 2 - Dominance Test is >50% 9. 3 - Prevalence Index is :53.0' 110 =Total Cover _ 4 - Morphological Adaptations' (Provide supporting 50% of total cover: 55 20% of total cover: 22 data in Remarks or on a separate sheet) Herb Stratum (Plot size: 5 ) _ Problematic Hydrophytic Vegetation' (Explain) 1. Microstegium vimineum 80 Yes FAC Indicators of hydric soil and wetland hydrology must 2. Betula nigra 10 No FACW be present, unless disturbed or problematic. Definitions of Four Vegetation Strata: 3. Celtis laevigata 5 No FACW 4. Parthenocissus quinquefolia 5 No FACU Tree - Woody plants, excluding vines, 3 in. (7.6 cm) or 5. Vitis rotundifolia 5 No FAC more in diameter at breast height (DBH), regardless of 6. Rosa multiflora 5 No FACU height. 7. Ranunculus abortivus 3 No FACW Sapling/Shrub -Woody plants, excluding vines, less 8. than 3 in. DBH and greater than or equal to 3.28 ft 9 (1 m) tall. 10. Herb - All herbaceous (non -woody) plants, regardless 11. of size, and woody plants less than 3.28 ft tall. 113 =Total Cover Woody Vine - All woody vines greater than 3.28 ft in 50% of total cover: 57 20% of total cover: 23 height. Woody Vine Stratum (Plot size: 30 ) 1. 2. 3. 4. 5' Hydrophytic =Total Cover Vegetation 50% of total cover: 20% of total cover: Present? Yes X No Remarks: (Include photo numbers here or on a separate sheet.) 80% of dominant vegetation is FAC or wetter. US Army Corps of Engineers Eastern Mountains and Piedmont - Version 2.0 SOIL Sampling Point: DP3 Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features _ Histosol (Al) (inches) Color (moist) % Color (moist) % Type Loc Texture Remarks 0-2 10YR 3/2 100 _ Hydrogen Sulfide (A4) Loamy/Clayey 2-6 10YR 5/1 60 7.5YR 5/6 40 C M Loamy/Clayey Prominent redox concentrations 6-20 10YR 6/1 60 7.5YR 5/6 40 Loamy/Clayey Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains. 2Location: PL=Pore Lining, M=Matrix. Hydric Soil Indicators: Indicators for Problematic Hydric Soils3: _ Histosol (Al) _ Polyvalue Below Surface (S8) (MLRA 147, 148) _ 2 cm Muck (A10) (MLRA 147) Histic Epipedon (A2) _Thin Dark Surface (S9) (MLRA 147, 148) _Coast Prairie Redox (A16) —Black Histic (A3) _ Loamy Mucky Mineral (F1) (MLRA 136) (MLRA 147, 148) _ Hydrogen Sulfide (A4) _ Loamy Gleyed Matrix (F2) —Piedmont Floodplain Soils (F19) _Stratified Layers (A5) X Depleted Matrix (F3) (MLRA 136, 147) _ 2 cm Muck (A10) (LRR N) _ Redox Dark Surface (F6) —Red Parent Material (F21) X Depleted Below Dark Surface (A11) _ Depleted Dark Surface (F7) (outside MLRA 127, 147, 148) Dark Surface (Al2) ? Redox Depressions (F8) Shallow Dark Surface (F22) _Thick _ Sandy Mucky Mineral (S1) _ Iron -Manganese Masses (F12) (LRR N, _Very _ Other (Explain in Remarks) Gleyed Matrix (S4) MLRA 136) _Sandy _ Sandy Redox (S5) _ Umbric Surface (F13) (MLRA 122, 136) 3Indicators of hydrophytic vegetation and _ Stripped Matrix (S6) _ Piedmont Floodplain Soils (F19) (MLRA 148) wetland hydrology must be present, Dark Surface (S7) Red Parent Material (F21) (MLRA 127, 147, 148) unless disturbed or problematic. Restrictive Layer (if observed): Type: Depth (inches): Hydric Soil Present? Yes X No Remarks: This data form is revised from Eastern Mountains and Piedmont Regional Supplement Version 2.0 to include the NRCS Field Indicators of Hydric Soils, Version 8.0, 2016. Indicators of hydric soils are present. US Army Corps of Engineers Eastern Mountains and Piedmont – Version 2.0 WETLAND DETERMINATION DATA FORM — Eastern Mountains and Piedmont Region Project/Site: Patterson Road Site City/County: Mecklenburg Sampling Date: 1/21/19 Applicant/Owner: Tracy White/ McDonald Development Company State: NC Sampling Point: DP4 Investigator(s): AVH/DJZ Section, Township, Range: Huntersville Landform (hillside, terrace, etc.): hillside Local relief (concave, convex, none): convex Slope (%): 0-5 Subregion (LRR or MLRA): LRR P, MLRA 136 Lat: 35.382546 Long: -80.862343 Datum: NAD83 Soil Map Unit Name: Monacan loam, 0 to 2 percent slopes, frequently flooded (MO) NWI classification: None Are climatic / hydrologic conditions on the site typical for this time of year? Yes X No (If no, explain in Remarks.) Are Vegetation Soil or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes X No Are Vegetation Soil or Hydrology naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes X No Is the Sampled Area Hydric Soil Present? Yes X No within a Wetland? Wetland Hydrology Present? Yes X No Remarks: Data point is representative of jurisdictional wetland area CC HYDROLOGY Yes X No Wetland Hydrology Indicators: Secondary Indicators (minimum of two required) Primary Indicators (minimum of one is required; check all that apply) —Surface Soil Cracks (66) X Surface Water (Al) _True Aquatic Plants (1314) —Sparsely Vegetated Concave Surface (138) X High Water Table (A2) _ Hydrogen Sulfide Odor (C1) X Drainage Patterns (1310) X Saturation (A3) _Oxidized Rhizospheres on Living Roots (C3) _Moss Trim Lines (1316) —Water Marks (61) —Presence of Reduced Iron (C4) _ Dry -Season Water Table (C2) _Sediment Deposits (132) _Recent Iron Reduction in Tilled Soils (C6) _Crayfish Burrows (C8) _ Drift Deposits (133) X Thin Muck Surface (C7) —Saturation Visible on Aerial Imagery (C9) —Algal Mat or Crust (B4) —Other (Explain in Remarks) —Stunted or Stressed Plants (D1) _ Iron Deposits (135) X Geomorphic Position (D2) _ Inundation Visible on Aerial Imagery (137) —Shallow Aquitard (D3) X Water -Stained Leaves (139) —Microtopographic Relief (D4) Aquatic Fauna (B13) FAC -Neutral Test (D5) Field Observations: Surface Water Present? Yes X No Depth (inches): 2 Water Table Present? Yes X No Depth (inches): 1 Saturation Present? Yes X No Depth (inches): 0 Wetland Hydrology Present? Yes X No (includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: Indicators of wetland hydrology are present. US Army Corps of Engineers Eastern Mountains and Piedmont – Version 2.0 VEGETATION (Four Strata) - Use scientific names of plants. Tree Stratum (Plot size: 30 ) 1. Ulmus rubra 2. Liquidambar styraciflua 3. Fraxinus pennsylvanica 4. 5. 6. 7. 50% of total cover: 28 Sapling/Shrub Stratum (Plot size: 15 ) 1. 2. Ulmus rubra 3. 4. 5. Ligustrum sinense 6. 7. 8. 9. 50% of total cover: 18 Herb Stratum (Plot size: 5 ) 1. Microstegium vimineum 2. Carex lurida 3. Lonicera japonica 4. 5. 6. 7. 8. 9. 10. 11. 50% of total cover: 15 Woody Vine Stratum (Plot size: 30 ) 1. Toxicodendron radicans 2. Vitis rotundifolia 3. 4. 5. Absolute Dominant Indicatc % Cover Species? Status 15 Yes FAC 20 Yes FAC 20 Yes FACW 55 =Total Cover 20% of total cover: 11 10 Yes FAC 25 Yes FACU 35 =Total Cover 20% of total cover: 7 10 Yes FAC 10 Yes OBL 10 Yes FACU 30 =Total Cover 20% of total cover: 6 10 Yes FAC 5 Yes FAC 15 =Total Cover 50% of total cover: 8 20% of total cover: 3 Remarks: (Include photo numbers here or on a separate sheet.) 80% of dominant vegetation is FAC or wetter. Sampling Point: DP4 Dominance Test worksheet: Number of Dominant Species That Are OBL, FACW, or FAC: 8 (A) Total Number of Dominant Species Across All Strata: 10 (B) Percent of Dominant Species That Are OBL, FACW, or FAC: 80.0% (A/B) Prevalence Index worksheet: Total % Cover of: Multiply by: OBL species x 1 = FACW species x 2 = FAC species x 3 = FACU species x 4 = UPL species x 5 = Column Totals: (A) (B) Prevalence Index = B/A = Hydrophytic Vegetation Indicators: _ 1 - Rapid Test for Hydrophytic Vegetation X 2 - Dominance Test is >50% _ 3 - Prevalence Index is :-3.0' 4 - Morphological Adaptations' (Provide supporting data in Remarks or on a separate sheet) Problematic Hydrophytic Vegetation' (Explain) Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problematic. Definitions of Four Vegetation Strata: Tree - Woody plants, excluding vines, 3 in. (7.6 cm) or more in diameter at breast height (DBH), regardless of height. Sapling/Shrub -Woody plants, excluding vines, less than 3 in. DBH and greater than or equal to 3.28 ft (1 m) tall. Herb - All herbaceous (non -woody) plants, regardless of size, and woody plants less than 3.28 ft tall. Woody Vine - All woody vines greater than 3.28 ft in height. Hydrophytic Vegetation Present? Yes X No US Army Corps of Engineers Eastern Mountains and Piedmont - Version 2.0 SOIL Sampling Point: DP4 Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features _ Histosol (Al) _ Polyvalue Below Surface (S8) (MLRA 147, 148) _ 2 cm Muck (A10) (MLRA 147) (inches) Color (moist) % Color (moist) % Type Loc Texture Remarks 0-7 10YR 4/3 80 7.5YR 4/6 15 C M Loamy/Clayey Prominent redox concentrations —Red Parent Material (F21) _ Depleted Below Dark Surface (A11) _ Depleted Dark Surface (F7) 2.5Y 2.5/1 5 C M X Redox Depressions (F8) Distinct redox concentrations 7-11 10YR 4/3 65 7.5YR 4/6 35 C M Loamy/Clayey Prominent redox concentrations 11-20 10YR 4/3 60 7.5YR 4/6 40 C M Loamy/Clayey Prominent redox concentrations Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains. 2Location: PL=Pore Lining, M=Matrix. Hydric Soil Indicators: Indicators for Problematic Hydric Soils3: _ Histosol (Al) _ Polyvalue Below Surface (S8) (MLRA 147, 148) _ 2 cm Muck (A10) (MLRA 147) Histic Epipedon (A2) _Thin Dark Surface (S9) (MLRA 147, 148) _Coast Prairie Redox (A16) —Black Histic (A3) —Loamy Mucky Mineral (F1) (MLRA 136) (MLRA 147, 148) _ Hydrogen Sulfide (A4) —Loamy Gleyed Matrix (F2) —Piedmont Floodplain Soils (F19) —Stratified Layers (A5) _ Depleted Matrix (F3) (MLRA 136, 147) _ 2 cm Muck (A10) (LRR N) _ Redox Dark Surface (F6) —Red Parent Material (F21) _ Depleted Below Dark Surface (A11) _ Depleted Dark Surface (F7) (outside MLRA 127, 147, 148) Dark Surface (Al2) X Redox Depressions (F8) Shallow Dark Surface (F22) _Thick Mucky Mineral (S1) X Iron -Manganese Masses (F12) (LRR N, _Very (Explain in Remarks) —Sandy Gleyed Matrix (S4) MLRA 136) —Other _Sandy —Sandy Redox (S5) _ Umbric Surface (F13) (MLRA 122, 136) 3Indicators of hydrophytic vegetation and —Stripped Matrix (S6) —Piedmont Floodplain Soils (F19) (MLRA 148) wetland hydrology must be present, Dark Surface (S7) Red Parent Material (F21) (MLRA 127, 147, 148) unless disturbed or problematic. Restrictive Layer (if observed): Type: Depth (inches): Hydric Soil Present? Yes No Remarks: This data form is revised from Eastern Mountains and Piedmont Regional Supplement Version 2.0 to include the NRCS Field Indicators of Hydric Soils, Version 8.0, 2016. Indicators of hydric soils are present. US Army Corps of Engineers Eastern Mountains and Piedmont – Version 2.0 NC DWQ Stream Identification Form Version 4.11 Date: 812118 Project/Site: Patterson Road Latitude: 35.381008 Evaluator: DJZ/JDR County: Mecklenburg Longitude: -80.862999 Total Points: Stream is at least intermittent if >_ 19 or perennial if >_ 30* 12.5 Stream Determination: Ephemeral Intermittent Perennial Ephemeral Other Stream Name: SCP1 A. Geomorphology Subtotal = 6_5 Absent I Weak Moderate Strong 1. Continuity of channel bed and bank* 0 1 2 3 2. Sinuosity of channel along thalweg 0 1 2 3 3. In -channel structure: ex. riffle -pool, step -pool, ripple -pool sequence 0 1 2 3 4. Particle size of stream substrate 0 1 2 3 5. Active/relict floodplain 0 1 2 3 T. Depositional bars or benches 0 1 2 1 3 7. Recent alluvial deposits 0 1 2 3 8. Headcuts 0 1 2 3 9. Grade control 0 0.5 1 1.5 10. Natural valley 0 0.5 1 1.5 11. Second or greater order channel No = 0 Yes = 3 `artificial ditches are not rated; see discussions in manual B. Hydrology Subtotal = 2 12. Presence of Baseflow 0 1 2 3 13. Iron oxidizing bacteria 0 1 2 3 14. Leaf litter 1.5 1 0.5 0 15. Sediment on plants or debris 0 0.5 1 1.5 16. Organic debris lines or piles 0 0.5 1 1.5 17. Soil -based evidence of high water table? No = 0 Yes = 3 C. Biology Subtotal = 4 18. Fibrous roots in streambed 3 2 1 0 19. Rooted upland plants in streambed 3 2 1 0 20. Macrobenthos (note diversity and abundance) 0 1 2 3 21. Aquatic Mollusks 0 1 2 3 22. Fish 0 0.5 1 1.5 23. Crayfish 0 0.5 1 1.5 24. Amphibians 0 0.5 1 1.5 25. Algae 0 0.5 1 1.5 26. Wetland plants in streambed FACW = 0.75; OBL = 1.5 Other = 0 0 `perennial streams may also be identified using other methods. Notes: Waterstrider Sketch: NC DWQ Stream Identification Form Version 4.11 Date: 8/2/18 Project/site: Patterson Road Latitude: 35.381111 Evaluator: DJZ/JDR County: Mecklenburg Longitude: -80.862952 Total Points: Stream is at least intermittent if Z 19 or perennial if >_ 30* 8 Stream Determination: Ephemeral Intermittent Perennial Ephemeral Other Stream Name: SCP2 A. Geomorphology Subtotal = 4_5 Absent Weak Moderate Strong 1. Continuity of channel bed and bank* 0 1 2 3 2. Sinuosity of channel along thalweg 0 1 2 3 3. In-channel structure: ex. riffle-pool, step-pool, ripple-pool sequence 0 1 2 3 4. Particle size of stream substrate 0 1 2 3 5. Active/relict floodIain 0 1 2 3 6. Depositional bars or benches 0 1 2 1 3 7. Recent alluvial deposits 0 1 2 3 8. Headcuts 0 1 2 3 9. Grade control 0 0.5 1 1.5 10. Natural valley 0 0.5 1 1.5 11. Second or greater order channel No = 0 Yes = 3 *artfflcial ditches are not rated; see discussions in manual B. Hydrology Subtotal = 1_5 12. Presence of Baseflow 0 1 2 3 13. Iron oxidizing bacteria 0 1 2 3 14. Leaf litter 1.5 1 0.5 0 15. Sediment on plants or debris 0 0.5 1 1.5 16. Organic debris lines or piles 0 0.5 1 1.5 17. Soil-based evidence of high water table? No = 0 Yes = 3 C. Biology Subtotal = 2 18. Fibrous roots in streambed 3 2 0 19. Rooted upland plants in streambed 3 2 0 20. Macrobenthos (note diversity and abundance) 0 12 3 21. Aquatic Mollusks 0 1 2 3 22. Fish 0 0.5 1 1.5 23. Crayfish 0 0.5 1 1.5 24. Amphibians 0 0.5 1 1.5 25. Algae 0 0.5 1 1.5 26. Wetland plants in streambed FACW = 0.75; OBL = 1.5 Other = 0 *perennial streams may also be identified using other methods. Notes: Sketch: NC DWQ Stream Identification Form Version 4.11 Date: 812118 Project/Site: Patterson Road Latitude: 35.381211 Evaluator: DJZ/JDR County: Mecklenburg Longitude: -80.862877 Total Points: Stream is at least intermittent if >_ 19 or perennial if >_ 30* 26.75 Stream Determination: Ephemeral Intermittent Perennial Intermittent Other Stream Name: SCP3/Stream A A. Geomorphology Subtotal = 13.5 Absent Weak Moderate Strong 1. Continuity of channel bed and bank* 0 1 2 3 2. Sinuosity of channel along thalweg 0 1 2 3 3. In -channel structure: ex. riffle -pool, step -pool, ripple -pool sequence 0 1 2 3 4. Particle size of stream substrate 0 1 2 3 5. Active/relict floodplain 0 1 2 3 T. Depositional bars or benches 0 1 2 3 7. Recent alluvial deposits 0 1 1 2 3 8. Headcuts 0 1 2 3 9. Grade control 0 0.5 1 1.5 10. Natural valley 0 0.5 1 1.5 11. Second or greater order channel No = 0 Yes = 3 `artificial ditches are not rated; see discussions in manual B. Hydrology Subtotal = 6_5 12. Presence of Baseflow 0 1 2 3 13. Iron oxidizing bacteria 0 1 2 3 14. Leaf litter 1.5 1 0.5 0 15. Sediment on plants or debris 0 0.5 1 1.5 16. Organic debris lines or piles 0 0.5 1 1.5 17. Soil -based evidence of high water table? No= 0 Yes= 3 C. Biology Subtotal = 6.75 18. Fibrous roots in streambed 3 2 1 0 19. Rooted upland plants in streambed 3 2 1 0 20. Macrobenthos (note diversity and abundance) 0 1 2 3 21. Aquatic Mollusks 0 1 2 3 22. Fish 0 0.5 1 1.5 23. Crayfish 0 0.5 1 1.5 24. Amphibians 0 0.5 1 1.5 25. Algae 0 0.5 1 1.5 26. Wetland plants in streambed FACW = 0.75; OBL = 1.5 Other = 0 0 `perennial streams may also be identified using other methods. Notes: Waterstrider Sketch: NC DWQ Stream Identification Form Version 4.11 Date: 8/2/18 Project/site: Patterson Road Latitude: 35.381645 Evaluator: DJZ/JDR County: Mecklenburg Longitude: -80.862582 Total Points: Stream is at least intermittent if Z 19 or perennial if >_ 30* 21.75 Stream Determination: Ephemeral Intermittent Perennial Intermittent Other Stream Name: SCP4/Stream B A. Geomorphology Subtotal = 9_5 Absent Weak Moderate Strong 1. Continuity of channel bed and bank* 0 1 2 2. Sinuosity of channel along thalweg 0 1 2 3 3. In-channel structure: ex. riffle-pool, step-pool, ripple-pool sequence 0 1 2 3 4. Particle size of stream substrate 0 1 2 3 5. Active/relict floodIain 0 1 2 3 6. Depositional bars or benches 0 1 2 3 7. Recent alluvial deposits 0 1 2 3 8. Headcuts 0 1 2 3 9. Grade control 0 0.5 1 1.5 10. Natural valley 0 0.5 1 1.5 11. Second or greater order channel No = 0 Yes = 3 *artfflcial ditches are not rated; see discussions in manual B. Hydrology Subtotal = 5_5 12. Presence of Baseflow 0 1 2 3 13. Iron oxidizing bacteria 0 1 2 3 14. Leaf litter 1.5 1 0.5 0 15. Sediment on plants or debris 0 0.5 1 1.5 16. Organic debris lines or piles 0 0.5 1 1.5 17. Soil-based evidence of high water table? No= 0 Yes= 3 C. Biology Subtotal = 6.75 18. Fibrous roots in streambed 3 2 1 0 19. Rooted upland plants in streambed 3 2 1 0 20. Macrobenthos (note diversity and abundance) 0 1 2 3 21. Aquatic Mollusks 0 1 2 3 22. Fish 0 0.5 1 1.5 23. Crayfish 0 0.5 1 1.5 24. Amphibians 0 0.5 1 1.5 25. Algae 0 0.5 1 1.5 26. Wetland plants in streambed FACW = 0.75; OBL = 1.5 Other = 0 0 *perennial streams may also be identified using other methods. Notes: W aterstrider Sketch: NC DWQ Stream Identification Form Version 4.11 Date: 8/2/18 Project/Site: Patterson Road Latitude: 35.383113 Evaluator: DJZ/JDR County: Mecklenburg Longitude: -80.867993 Total Points: Stream is at least intermittent if >_ 19 or perennial if ? 30' 23.75 Stream Determination: Ephemeral Intermittent Perennial Intermittent Other Stream Name: SCPS/Streams C and D A. Geomorphology Subtotal = 11.5 Absent Weak Moderate Strong 1. Continuity of channel bed and bank' 0 1 2 3 2. Sinuosity of channel along thalweg 0 1 2 3 T. In -channel structure: ex. riffle -pool, step -pool, ripple -pool sequence 0 1 2 3 4. Particle size of stream substrate 0 1 2 3 5. Active/relict flood Iain 0 1 2 3 6. Depositional bars or benches 0 1 1 2 3 7. Recent alluvial deposits 0 1 2 3 8. Headcuts 0 1 2 3 9. Grade control 0 0.5 1 1.5 10. Natural valley 0 0.5 1 1.5 11. Second or greater order channel No= 0 Yes = 3 "artificial ditches are not rated; see discussions in manual B. Hydrology Subtotal = 5_5 12. Presence of Baseflow 0 1 2 3 13. Iron oxidizing bacteria 0 1 2 3 14. Leaf litter 1.5 1 0.5 0 15. Sediment on plants or debris 0 0.5 1 1.5 16. Organic debris lines or piles 0 0.5 1 1.5 17. Soil -based evidence of high water table? No= 0 Yes= 3 C. Biology Subtotal = 6.75 18. Fibrous roots in streambed 3 2 1 0 19. Rooted upland plants in streambed 3 2 1 0 20. Macrobenthos note diversity and abundance 0 1 2 3 21. Aquatic Mollusks 0 1 2 3 22. Fish 0 0.5 1 1.5 23. Crayfish 0 0.5 1 1.5 24. Amphibians 0 0.5 1 1.5 25. Algae 0 0.5 1 1.5 26. Wetland plants in streambed FACW = 0.75; OBL = 1.5 Other = 0 0 *perennial streams may also be identified using other methods. Notes: Waterstrider Sketch: r S :J • � Z'�S '� =i. moi- � . �[ _ t 3 14 -.f 5 yA _ Li S tl V• 4V:- h Y - - y 2 r • .... we rd j, Patterson Road Photopage January 31, 2019 CWS Project No. 2018-0215 Photograph 3. View of Stream B, facing upstream. Photograph 4. View of nonjurisidictional stormwater conveyance. Photopage 2 of 5 Patterson Road Photopage January 31, 2019 CWS Project No. 2018-0215 Photograph 5. View of nonjurisidictional stormwater conveyance. Photograph 6. View of Wetland BB, facing southwest. Photopage 3 of 5 Pkt I ��t. N�. t �:✓-. .... •4:. :�-. Iii.- r.9;.'' .A�•i�,`y �.. !� T • .:n { �'�, � .�Y! 411-•: �' ; ,n � � �. �' i� �:.. ] �� - �c++-- //•+•e f. .;:off rt3�. :.. nt • - ,Y'�,1�'�:. _:� `err � �,� • � V' ..� I I � _ ,� do 91. -14•.mx_ "lie r w _ s�': �vYi�., � r _.�. •' .tis- .. f ;,S -�. •J�..' ail- . 'isfr- Patterson Road - NWP #39 Attachments April 8, 2019 CWS Project No. 2018-0215 ATTACHMENT C: NCSAM Form (Stream A & B) NC SAM FIELD ASSESSMENT FORM Accompanies User Manual Version 2.1 USACE AID #: NCDWR #: INSTRUCTIONS: Attach a sketch of the assessment area and photographs. Attach a copy of the USGS 7.5 -minute topographic quadrangle, and circle the location of the stream reach under evaluation. If multiple stream reaches will be evaluated on the same property, identify and number all reaches on the attached map, and include a separate form for each reach. See the NC SAM User Manual for detailed descriptions and explanations of requested information. Record in the "Notes/Sketch" section if supplementary measurements were performed. See the NC SAM User Manual for examples of additional measurements that may be relevant. NOTE EVIDENCE OF STRESSORS AFFECTING THE ASSESSMENT AREA (do not need to be within the assessment area). PROJECT/SITE INFORMATION: 1. Project name (if any): Patterson Rd 3. Applicant/owner name: McDonald Development Com 5. County: Mecklenburg 7. River basin: Catawba Date of evaluation: 1/17/19 Assessor name/organization: Nearest named water body on USGS 7.5 -minute quad: Carolina Wetland Services McDowellCreek 8. Site coordinates (decimal degrees, at lower end of assessment reach): 35.382480, -80.861016 STREAM INFORMATION: (depth and width can be approximations) 9. Site number (show on attached map): Stream A & B 10. Length of assessment reach evaluated (feet): 880 11. Channel depth from bed (in riffle, if present) to top of bank (feet): 5 ❑Unable to assess channel depth. 12. Channel width at top of bank (feet): 7 13. Is assessment reach a swamp steam? ❑Yes ❑No 14. Feature type: ❑Perennial flow ®Intermittent flow ❑Tidal Marsh Stream STREAM CATEGORY INFORMATION: 15. NC SAM Zone: ❑ Mountains (M) ® Piedmont (P) ❑ Inner Coastal Plain (1) ❑ Outer Coastal Plain (0) 16. Estimated geomorphic ❑A ®B valley shape (skip for Tidal Marsh Stream): (more sinuous stream, flatter valley slope) (less sinuous stream, steeper valley slope) 17. Watershed size: (skip ®Size 1 (< 0.1 mil) ❑Size 2 (0.1 to < 0.5 mit) ❑Size 3 (0.5 to < 5 mit) ❑Size 4 (>- 5 mit) for Tidal Marsh Stream) ADDITIONAL INFORMATION: 18. Were regulatory considerations evaluated? ®Yes ❑No If Yes, check all that apply to the assessment area. ❑Section 10 water ❑Classified Trout Waters ®Water Supply Watershed (❑I ❑II ❑III ®IV ❑V) ❑Essential Fish Habitat ❑Primary Nursery Area ❑ High Quality Waters/Outstanding Resource Waters ❑Publicly owned property ❑NCDWR Riparian buffer rule in effect ❑Nutrient Sensitive Waters ❑Anadromous fish ❑303(d) List ❑CAMA Area of Environmental Concern (AEC) ❑Documented presence of a federal and/or state listed protected species within the assessment area. List species: ❑Designated Critical Habitat (list species) 19. Are additional stream information/supplementary measurements included in "Notes/Sketch" section or attached? ❑Yes ®No 1. Channel Water - assessment reach metric (skip for Size 1 streams and Tidal Marsh Streams) ❑A Water throughout assessment reach. ❑B No flow, water in pools only. ❑C No water in assessment reach. 2. Evidence of Flow Restriction - assessment reach metric ❑A At least 10% of assessment reach in -stream habitat or riffle -pool sequence is severely affected by a flow restriction or fill to the point of obstructing flow or a channel choked with aquatic macrophytes or ponded water or impoundment on flood or ebb within the assessment reach (examples: undersized or perched culverts, causeways that constrict the channel, tidal gates, debris jams, beaver dams). ®B Not A 3. Feature Pattern - assessment reach metric ❑A A majority of the assessment reach has altered pattern (examples: straightening, modification above or below culvert). ®B Not A 4. Feature Longitudinal Profile - assessment reach metric ®A Majority of assessment reach has a substantially altered stream profile (examples: channel down -cutting, existing damming, over widening, active aggradation, dredging, and excavation where appropriate channel profile has not reformed from any of these disturbances). ❑B Not A 5. Signs of Active Instability - assessment reach metric Consider only current instability, not past events from which the stream has currently recovered. Examples of instability include active bank failure, active channel down -cutting (head -cut), active widening, and artificial hardening (such as concrete, gabion, rip -rap). ❑A < 10% of channel unstable ❑B 10 to 25% of channel unstable ®C > 25% of channel unstable 6. Streamside Area Interaction — streamside area metric Consider for the Left Bank (LB) and the Right Bank (RB). LB RB ❑A ❑A Little or no evidence of conditions that adversely affect reference interaction ®B ®B Moderate evidence of conditions (examples: berms, levees, down -cutting, aggradation, dredging) that adversely affect reference interaction (examples: limited streamside area access, disruption of flood flows through streamside area, leaky or intermittent bulkheads, causeways with floodplain constriction, minor ditching [including mosquito ditching]) ❑C ❑C Extensive evidence of conditions that adversely affect reference interaction (little to no floodplain/intertidal zone access [examples: causeways with floodplain and channel constriction, bulkheads, retaining walls, fill, stream incision, disruption of flood flows through streamside area] or too much floodplain/intertidal zone access [examples: impoundments, intensive mosquito ditching]) or floodplain/intertidal zone unnaturally absent or assessment reach is a man-made feature on an interstream divide Water Quality Stressors — assessment reach/intertidal zone metric Check all that apply. ®A Discolored water in stream or intertidal zone (milky white, blue, unnatural water discoloration, oil sheen, stream foam) ®B Excessive sedimentation (burying of stream features or intertidal zone) ❑C Noticeable evidence of pollutant discharges entering the assessment reach and causing a water quality problem ❑D Odor (not including natural sulfide odors) ❑E Current published or collected data indicating degraded water quality in the assessment reach. Cite source in "Notes/Sketch" section. ❑F Livestock with access to stream or intertidal zone ❑G Excessive algae in stream or intertidal zone ❑H Degraded marsh vegetation in the intertidal zone (removal, burning, regular mowing, destruction, etc) ❑1 Other: (explain in "Notes/Sketch" section) ❑J Little to no stressors 8. Recent Weather — watershed metric (skip for Tidal Marsh Streams) For Size 1 or 2 streams, D1 drought or higher is considered a drought; for Size 3 or 4 streams, D2 drought or higher is considered a drought. ❑A Drought conditions and no rainfall or rainfall not exceeding 1 inch within the last 48 hours ❑B Drought conditions and rainfall exceeding 1 inch within the last 48 hours ®C No drought conditions 9. Large or Dangerous Stream — assessment reach metric ❑Yes ®No Is stream is too large or dangerous to assess? If Yes, skip to Metric 13 (Streamside Area Ground Surface Condition). 10. Natural In -stream Habitat Types — assessment reach metric 10a. ®Yes ❑No Degraded in -stream habitat over majority of the assessment reach (examples of stressors include excessive sedimentation, mining, excavation, in -stream hardening [for example, rip -rap], recent dredging, and snagging) (evaluate for Size 4 Coastal Plain streams only, then skip to Metric 12) 10b. Check all that occur (occurs if > 5% coverage of assessment reach) (skip for Size 4 Coastal Plain streams) ❑A Multiple aquatic macrophytes and aquatic mosses F, N ❑F 5% oysters or other natural hard bottoms (include liverworts, lichens, and algal mats) m ❑G Submerged aquatic vegetation ®B Multiple sticks and/or leaf packs and/or emergento ❑H Low -tide refugia (pools) vegetation YC ❑1 Sand bottom ®C Multiple snags and logs (including lap trees) r Co ❑J 5% vertical bank along the marsh ®D 5% undercut banks and/or root mats and/or roots ❑K Little or no habitat in banks extend to the normal wetted perimeter ❑E Little or no habitat *********************************REMAINING QUESTIONS ARE NOT APPLICABLE FOR TIDAL MARSH STREAMS**************************** 11. Bedform and Substrate —assessment reach metric (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams) 11a. ❑Yes ®No Is assessment reach in a natural sand -bed stream? (skip for Coastal Plain streams) 11 b. Bedform evaluated. Check the appropriate box(es). ®A Riffle -run section (evaluate 11c) ❑B Pool -glide section (evaluate 11d) ❑C Natural bedform absent (skip to Metric 12, Aquatic Life) 11 c. In riffle sections, check all that occur below the normal wetted perimeter of the assessment reach — whether or not submerged. Check at least one box in each row (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams). Not Present (NP) = absent, Rare (R) = present but < 10%, Common (C) _ > 10-40%, Abundant (A) _ > 40-70%, Predominant (P) _ > 70%. Cumulative percentages should not exceed 100% for each assessment reach. NP R C A P ® ❑ ❑ ❑ ❑ Bedrock/saprolite ® ❑ ❑ ❑ ❑ Boulder (256 — 4096 mm) ❑ ® ❑ ❑ ❑ Cobble (64 — 256 mm) ❑ ❑ ❑ ® ❑ Gravel (2 — 64 mm) ❑ ❑ ® ❑ ❑ Sand (.062 — 2 mm) ❑ ❑ ® ❑ ❑ Silt/clay (< 0.062 mm) ❑ ❑ ® ❑ ❑ Detritus ® ❑ ❑ ❑ ❑ Artificial (rip -rap, concrete, etc.) 11d. ❑Yes ❑No Are pools filled with sediment? (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams) 12 Aquatic Life — assessment reach metric (skip for Tidal Marsh Streams) 12a. ®Yes ❑No Was an in -stream aquatic life assessment performed as described in the User Manual? If No, select one of the following reasons and skip to Metric 13. ❑No Water ❑Other: 12b. ❑Yes ®No Are aquatic organisms present in the assessment reach (look in riffles, pools, then snags)? If Yes, check all that apply. If No, skip to Metric 13. 1 >1 Numbers over columns refer to "individuals" for Size 1 and 2 streams and "taxa" for Size 3 and 4 streams. ❑ ❑Adult frogs ❑ ❑Aquatic reptiles ❑ ❑Aquatic macrophytes and aquatic mosses (include liverworts, lichens, and algal mats) ❑ ❑Beetles ❑ ❑Caddisfly larvae (T) ❑ ❑Asian clam (Corbicula) ❑ ❑Crustacean (isopod/amphipod/crayfish/shrimp) ❑ ❑Damselfly and dragonfly larvae ❑ ❑Dipterans ❑ ❑Mayfly larvae (E) ❑ ❑Megaloptera (alderfly, fishfly, dobsonfly larvae) ❑ ❑Midges/mosquito larvae ❑ ❑Mosquito fish (Gambusia) or mud minnows (Umbra pygmaea) ❑ ❑Mussels/Clams (not Corbicula) ❑ ❑Other fish ❑ ❑ Salamanders/tad poles ❑ ❑Snails ❑ ❑Stonefly larvae (P) ❑ ❑Tipulid larvae ❑ ❑Worms/leeches 13. Streamside Area Ground Surface Condition — streamside area metric (skip for Tidal Marsh Streams and B valley types) Consider for the Left Bank (LB) and the Right Bank (RB). Consider storage capacity with regard to both overbank flow and upland runoff. LB RB ❑A ❑A Little or no alteration to water storage capacity over a majority of the streamside area ❑B ❑B Moderate alteration to water storage capacity over a majority of the streamside area ❑C ❑C Severe alteration to water storage capacity over a majority of the streamside area (examples: ditches, fill, soil compaction, livestock disturbance, buildings, man-made levees, drainage pipes) 14. Streamside Area Water Storage — streamside area metric (skip for Size 1 streams, Tidal Marsh Streams, and B valley types) Consider for the Left Bank (LB) and the Right Bank (RB) of the streamside area. LB RB ❑A ❑A Majority of streamside area with depressions able to pond water > 6 inches deep ❑B ❑B Majority of streamside area with depressions able to pond water 3 to 6 inches deep ❑C ❑C Majority of streamside area with depressions able to pond water < 3 inches deep 15. Wetland Presence — streamside area metric (skip for Tidal Marsh Streams) Consider for the Left Bank (LB) and the Right Bank (RB). Do not consider wetlands outside of the streamside area or within the normal wetted perimeter of assessment reach. LB RB ®Y ❑Y Are wetlands present in the streamside area? ❑N ®N 16. Baseflow Contributors — assessment reach metric (skip for Size 4 streams and Tidal Marsh Streams) Check all contributors within the assessment reach or within view of and draining to the assessment reach. ®A Streams and/or springs (jurisdictional discharges) ❑B Ponds (include wet detention basins; do not include sediment basins or dry detention basins) ❑C Obstruction passing flow during low -flow periods within the assessment area (beaver dam, leaky dam, bottom -release dam, weir) ®D Evidence of bank seepage or sweating (iron in water indicates seepage) ®E Stream bed or bank soil reduced (dig through deposited sediment if present) ❑F None of the above 17. Baseflow Detractors — assessment area metric (skip for Tidal Marsh Streams) Check all that apply. ❑A Evidence of substantial water withdrawals from the assessment reach (includes areas excavated for pump installation) ❑B Obstruction not passing flow during low -flow periods affecting the assessment reach (ex: watertight dam, sediment deposit) ❑C Urban stream (>_ 24% impervious surface for watershed) ❑D Evidence that the streamside area has been modified resulting in accelerated drainage into the assessment reach ❑E Assessment reach relocated to valley edge ®F None of the above 18. Shading — assessment reach metric (skip for Tidal Marsh Streams) Consider aspect. Consider "leaf -on" condition. ®A Stream shading is appropriate for stream category (may include gaps associated with natural processes) ❑B Degraded (example: scattered trees) ❑C Stream shading is gone or largely absent 19. Buffer Width — streamside area metric (skip for Tidal Marsh Streams) Consider "vegetated buffer" and "wooded buffer" separately for left bank (LB) and right bank (RB) starting at the top of bank out to the first break. Vegetated Wooded LB RB LB RB ®A ®A ®A ®A >_ 100 feet wide or extends to the edge of the watershed ❑B ❑B ❑B ❑B From 50 to < 100 feet wide ❑C ❑C ❑C ❑C From 30 to < 50 feet wide ❑D ❑D ❑D ❑D From 10 to < 30 feet wide ❑E ❑E ❑E ❑E < 10 feet wide or no trees 20. Buffer Structure — streamside area metric (skip for Tidal Marsh Streams) Consider for left bank (LB) and right bank (RB) for Metric 19 ("Vegetated" Buffer Width). LB RB ❑A ❑A Mature forest ®B ®B Non -mature woody vegetation or modified vegetation structure ❑C ❑C Herbaceous vegetation with or without a strip of trees < 10 feet wide ❑D ❑D Maintained shrubs ❑E ❑E Little or no vegetation 21. Buffer Stressors — streamside area metric (skip for Tidal Marsh Streams) Check all appropriate boxes for left bank (LB) and right bank (RB). Indicate if listed stressor abuts stream (Abuts), does not abut but is within 30 feet of stream (< 30 feet), or is between 30 to 50 feet of stream (30-50 feet). If none of the following stressors occurs on either bank, check here and skip to Metric 22: Abuts < 30 feet 30-50 feet LB RB LB RB LB RB ❑A ❑A ❑A ❑A ❑A ❑A Row crops ❑B ❑B ❑B ❑B ❑B ❑B Maintained turf ❑C ❑C ❑C ❑C ❑C ❑C Pasture (no livestock)/commercial horticulture ❑D ❑D ❑D ❑D ❑D ❑D Pasture (active livestock use) 22. Stem Density — streamside area metric (skip for Tidal Marsh Streams) Consider for left bank (LB) and right bank (RB) for Metric 19 ("Wooded" Buffer Width). LB RB ®A ®A Medium to high stem density ❑B ❑B Low stem density ❑C ❑C No wooded riparian buffer or predominantly herbaceous species or bare ground 23. Continuity of Vegetated Buffer — streamside area metric (skip for Tidal Marsh Streams) Consider whether vegetated buffer is continuous along stream (parallel). Breaks are areas lacking vegetation > 10 feet wide. LB RB ®A ®A The total length of buffer breaks is < 25 percent. ❑B ❑B The total length of buffer breaks is between 25 and 50 percent. ❑C ❑C The total length of buffer breaks is > 50 percent. 24. Vegetative Composition — streamside area metric (skip for Tidal Marsh Streams) Evaluate the dominant vegetation within 100 feet of each bank or to the edge of the watershed (whichever comes first) as it contributes to assessment reach habitat. LB RB ❑A ❑A Vegetation is close to undisturbed in species present and their proportions. Lower strata composed of native species, with non-native invasive species absent or sparse. ®B ®B Vegetation indicates disturbance in terms of species diversity or proportions, but is still largely composed of native species. This may include communities of weedy native species that develop after clear -cutting or clearing or communities with non-native invasive species present, but not dominant, over a large portion of the expected strata or communities missing understory but retaining canopy trees. ❑C ❑C Vegetation is severely disturbed in terms of species diversity or proportions. Mature canopy is absent or communities with non-native invasive species dominant over a large portion of expected strata or communities composed of planted stands of non -characteristic species or communities inappropriately composed of a single species or no vegetation. 25. Conductivity — assessment reach metric (skip for all Coastal Plain streams) 25a. ❑Yes ®No Was conductivity measurement recorded? If No, select one of the following reasons. ❑No Water ❑Other: 25b. Check the box corresponding to the conductivity measurement (units of microsiemens per centimeter). ❑A < 46 EIB 46 to < 67 EIC 67 to < 79 ❑ D 79 to < 230 FIE >: 230 Notes/Sketch Draft NC SAM Stream Rating Sheet Accompanies User Manual Version 2.1 Stream Site Name Patterson Rd Date of Assessment 1/17/19 Stream Category Pb1 Assessor Name/Organization Carolina Wetland Services Notes of Field Assessment Form (Y/N) NO Presence of regulatory considerations (Y/N) YES Additional stream information/supplementary measurements included (Y/N) NO NC SAM feature type (perennial, intermittent, Tidal Marsh Stream) Intermittent USACE/ NCDWR Function Class Rating Summary All Streams Intermittent (1) Hydrology LOW LOW (2) Baseflow HIGH HIGH (2) Flood Flow LOW LOW (3) Streamside Area Attenuation MEDIUM MEDIUM (4) Floodplain Access MEDIUM MEDIUM (4) Wooded Riparian Buffer HIGH HIGH (4) Microtopography NA NA (3) Stream Stability LOW LOW (4) Channel Stability LOW LOW (4) Sediment Transport MEDIUM MEDIUM (4) Stream Geomorphology MEDIUM MEDIUM (2) Stream/Intertidal Zone Interaction NA NA (2) Longitudinal Tidal Flow NA NA (2) Tidal Marsh Stream Stability NA NA (3) Tidal Marsh Channel Stability NA NA (3) Tidal Marsh Stream Geomorphology NA NA (1) Water Quality LOW LOW (2) Baseflow HIGH HIGH (2) Streamside Area Vegetation HIGH HIGH (3) Upland Pollutant Filtration HIGH HIGH (3) Thermoregulation HIGH HIGH (2) Indicators of Stressors YES YES (2) Aquatic Life Tolerance LOW NA (2) Intertidal Zone Filtration NA NA (1) Habitat HIGH HIGH (2) In -stream Habitat MEDIUM MEDIUM (3) Baseflow HIGH HIGH (3) Substrate MEDIUM MEDIUM (3) Stream Stability LOW LOW (3) In -stream Habitat HIGH HIGH (2) Stream -side Habitat HIGH HIGH (3) Stream -side Habitat HIGH HIGH (3) Thermoregulation HIGH HIGH (2) Tidal Marsh In -stream Habitat NA NA (3) Flow Restriction NA NA (3) Tidal Marsh Stream Stability NA NA (4) Tidal Marsh Channel Stability NA NA (4) Tidal Marsh Stream Geomorphology NA NA (3) Tidal Marsh In -stream Habitat NA NA (2) Intertidal Zone NA NA Overall LOW LOW Patterson Road - NWP #39 Attachments ATTACHMENT D: NCSHPO Response Letter April 8, 2019 CWS Project No. 2018-0215 North Carolina Department of Natural and Cultural Resources State Historic Preservation Office Ramona M. Bartos, Administrator Governor Roy Cooper Secretary Susi H. Hamilton January 4, 2019 Tracy White McDonald Development Company Office of Archives and History Deputy Secretary Kevin Cherry Re: Industrial Development, Hambright Road & Patterson Road, Huntersville, Mecklenburg County, ER 18-4035 Dear Ms. White: Thank you for your letter of November 26, 2018, concerning the above project. We have conducted a review of the project and are aware of no historic resources which would be affected by the project. Therefore, we have no comment on the project as proposed. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, contact Renee Gledhill -Earley, environmental review coordinator, at 919-807-6579 or environmental.reviewgncdcr.gov. In all future communication concerning this project, please cite the above referenced tracking number. Sincerely, 6A",Ramona M. Bartos Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: (919) 807-6570/807-6599 Patterson Road - NWP #39 Attachments ATTACHMENT E: PETS Report April 8, 2019 CWS Project No. 2018-0215 CAROLINA WETLAND SERVICES, INC. 550 E. Westinghouse Blvd. Charlotte, NC 28273 704-527-1177 (office) 704-527-1133 (fax) March 4, 2019 Tracy White Senior Vice President McDonald Development Company 525 N. Tryon Street Suite 1600 Charlotte, NC 28202 Subject: Protected Species Habitat Assessment Report Patterson Road (61.9 ac.) Huntersville, North Carolina CWS Project No. 2018-0215 Dear Mr. White, McDonald Development Company has contracted Carolina Wetland Services, Inc. (CWS) to provide a protected species habitat assessment for the Patterson Road site. The project area includes Mecklenburg County Tax Parcel Nos. 01723315, 01723314, 01723313, 01723302, 01722106, 01722107, and 01722108, totalling approximately 61.9 acres in extent. The project area is at the intersection of Hambright Road and Patterson Road in Huntersville, North Carolina (Figure 1). Methods In -office Desktop Review To determine which protected species are listed as occurring or potentially occurring within the project vicinity and prior to conducting the on-site field investigation, CWS consulted the United States Fish and Wildlife Service's (USFWS) Endangered and Threatened Species and Species of Concern by County for North Carolina online database for Mecklenburg County'. In addition, CWS performed a data review using the North Carolina Natural Heritage Program (NCNHP) Data Explorer on February 26, 2019 to determine if any record occurrences of federally -listed, candidate endangered, threatened species, or critical habitat are located within the project limits. Typical habitat requirements for listed species was discerned from multiple USFWS3 and NCNHP4 online resources including, but not limited to, specific USFWS species profiles, United States Fish and Wildlife Service, Raleigh Field Office. Accessed February 26, 2019. Endangered and Threatened Species and Species of Concern by County for North Carolina. https://www.fws.gov/raleigh/species/cntylist/mecklenburg.html 2 North Carolina Natural Heritage Program. 2018. Biotics Database. Division of Land and Water Stewardship. Department of Natural and Cultural Resources, Raleigh, North Carolina.. 3 U.S. Fish and Wildlife Service. 2006. Optimal Survey Windows for North Carolina's Federally Threatened and Endangered Plant Species. http://www.fws.gov/nces/es/plant_Survey.html. Accessed February 26, 2019. 4 Buchanan, M.F. and J.T. Finnegan. 2010. Natural Heritage Program List of the Rare Plant Species of North Carolina. NC Natural Heritage Program, Raleigh, NC. Accessed from https://www.fws.gov/raleigh/species/cntylist/nc_counties.html NORTH CAROLINA - SOUTH CAROLINA WWW.CWS-INC.NET Page 1 of 8 Patterson Road March 4, 2019 Protected Species Habitat Assessment Report CWS Project No. 2018-0215 recovery plans, NCNHP's Guide to Federally Listed Endangered and Threatened Species of North Carolina, and List of the Rare Plant Species of North Carolina. United States Department of Agriculture - Natural Resources Conservation Service (USDA-NRCS) Web Soil Survey of Mecklenburg County' and aerial imagery were also reviewed for potential habitat communities of listed species within the project vicinity (Figures 2 and 3). Field Survey CWS scientists Daniel Roberts, Professional Wetland Scientist (PWS), Aliisa Harjuniemi, PWS, Dan Zurlo, Staff Scientist II, and Julia McGuire, Staff Scientist I, conducted pedestrian habitat assessments of the project area on August 2, 2018 and January 21, 2019. Potential habitat for potentially occurring federally -protected species that was identified during the desktop review was assessed in the field for the quality of physical and/or biological features essential to the conservation of the applicable species. Additionally, during the pedestrian habitat assessments, areas were reviewed for applicable federally protected species; however, formal surveys were not conducted. Identification references for natural communities include Schafale and Weakley's Third Approximation for Natural Communities of North Carolina (1990)6 and Weakley (2015)' for plant species. Results Based on the NCNHP data explorer review, there are no current records of federally -protected species within the project limits or within a mile of the project limits (Attachment A). The USFWS lists seven federally protected species for Mecklenburg County (Table 1). An official species list has not been obtained from the USFWS Asheville Field Office. Table 1. Unofficial List of Federally -Protected Species Potentially Occurring within the Patterson Site, Mecklenburg County, NC. Major Group Scientific Name Common Name Federal Status" Record Status Helianthus Schweinitz's Plant E Current schweinitzii sunflower Plant Echinacea Smooth Coneflower E Current laevigata Plant Rhus michauxii Michaux's sumac E Current Animal Bombus affinis Rusty -patched E Historic bumblebee Lasmigona Animal Carolina heelsplitter E Current decorata Animal Myotis Northern long-eared T Current septentrionalis bat Animal Haliaeetus Bald eagle BGPA Current leucocephalus * E - Endangered, T - Threatened, BGPA - Bald and Golden Eagle Protection Act United States Department of Agriculture, 2017. Web Soil Survey of Mecklenburg County, North Carolina. February 26, 2019. Source: https://websoilsurvey.nres.usda.gov/app/HomePage.htm s Schafale, M.P., and A.S. Weakley. 1990. Classification of the Natural Communities of North Carolina, Third Approximation. http://ww.namethatplant.net/PDFs/class.pdf. Weakley, A.S. 2015. Flora of the Southern and Mid -Atlantic States. http://www.herbarium.unc.edu/flora.htm. Page 2 of 8 Patterson Road Protected Species Habitat Assessment Report March 4, 2019 CWS Project No. 2018-0215 Four terrestrial community types were identified within the project area during the field survey. These community types consist of deciduous forest, mixed forest, woody wetlands, and maintained herbaceous areas (Figure 3). Of the identified on-site community types, the maintained herbaceous areas and ecotonal boundary areas between the herbaceous and forested areas could be considered potential habitat for federally threatened or endangered species listed in Mecklenburg County. A brief description of each species habitat requirements and determination of effect findings are listed by species. Schweinitz's sunflower (Helianthus schweinitzii) Habitat Description: Schweinitz's sunflower is a perennial herb with yellow rays and yellow centers. They can reach heights of five feet. Populations are limited to the piedmont of North and South Carolina. It has been listed as an Endangered species under the ESA since 1991.8 The typical habitat for this plant includes roadsides, old pastures, transmission line right-of-ways, open areas, either natural or human -maintained habitats, or edges of upland woods. Major characteristics of soils associated with suitable Schweinitz's sunflower habitat include thin soils, soils on upland interstream flats or gentle slopes, soils that are clay -like in both composition and texture (and often with substantial rock fragments), soils that have a high shrinkage swell capacity, and those which vary over the course of the year from very wet to very dry. Biological Analysis: A NCNHP data record review revealed that there are no current occurrences for this species within the project limits, or within a one -mile radius of the project (Attachment A). The desktop review determined that areas throughout the site within the ecotonal regions between forested and open areas contained proper soils and slopes for Schweinitz's sunflower (Figures 1 and 2). These areas warranted a field investigation to determine whether they could be potential habitat for Schweinitz's sunflower. The field investigation revealed that these areas were too highly maintained by frequent mowing, fertilization, and use of pesticides to be considered potential habitat (Attachment B, Photograph 1 and 2). No individuals of Schweinitz's sunflower or other Helianthus species were observed during the field assessment on August 2, 2018, and supportive habitat was not present, which leads CWS to conclude that this project will not affect the Schweinitz's sunflower. Smooth coneflower (Echinacea laevi__ acLta) Habitat Description: Smooth coneflower is a tall, perennial herbaceous plant found in areas with abundant sunlight where competition in the herbaceous layer is minimal. It has been federally listed as Endangered under the ESA since 1992.9 Typical habitat for this plant includes meadows, open woodlands, the ecotonal regions between meadows and woodlands, 8 United States Fish and Wildlife Services. 1991. Endangered and Threatened Wildlife and Plants; Helianthus schweinitzii (Schweinitz's sunflower) Determined to be Endangered. http://ecos.fws.gov/docs/federal_register/frl852.pdf. 9 United States Fish and Wildlife Services. 1992. Endangered and Threatened Wildlife and Plants; Echinacea laevigata (Smooth Coneflower) Determined to be Endangered. http://ecos.fws.gov/docs/fed era l_register/fr2140.pdf. Page 3 of 8 Patterson Road Protected Species Habitat Assessment Report March 4, 2019 CWS Project No. 2018-0215 cedar barrens, dry limestone bluffs, clear cuts, and roadside and utility rights-of-way. In North Carolina, the species normally grows in magnesium- and calcium- rich soils associated with gabbro and diabase parent material, and typically occurs in Iredell, Misenheimer, and Picture soil series. Smooth coneflower grows best where there is abundant sunlight, little competition in the herbaceous layer, and periodic disturbances (e.g., regular fire regime, well-timed mowing, careful clearing) that prevents encroachment of shade -producing woody shrubs and trees. On sites where woody succession is held in check, it is characterized by a number of species with prairie affinities. Biological Analysis: A NCNHP data record review revealed that there are no current occurrences for this species within the project limits, or within a one -mile radius of the project (Attachment A). Potential on site habitat for this species is limited to the maintained areas and forest edges throughout the property. There are soils on-site with diabase or gabbro parent material, however, these areas are covered by dense deciduous forest, which is not conducive to coneflower habitat (Photograph 2 and 3; Figures 2 and 3). No individuals of smooth coneflower or the Echinacea species were observed during the field assessment on August 2, 2018, and supportive habitat was not present, which leads CWS to conclude that this project will not affect the smooth coneflower. Michaux's sumac (Rhus michauxii) Habitat Description: Michaux's sumac is a rhizomatous shrub. It is densely hairy with compound leaves exhibiting evenly -serrated leaflets. Flowers are small, greenish to white, in terminal clusters. Fruits are red drupes produced from August to October. Michaux's sumac has been listed as an Endangered species under the Endangered Species Act (ESA) since 1989.10 It is found on the coastal plains of Virginia to Florida, with most populations occurring in North Carolina. Michaux's sumac prefers sandy or rocky open woods with basic soils, as well as, highway right-of-ways, roadsides, or edges of artificially -maintained clearings. Biological Analysis: A NCNHP data record review revealed that there are no current occurrences for this species. A NCNHP data record review revealed that there are no current occurrences for this species within the project limits, or within a one -mile radius of the project (Attachment A). On-site soils are slightly acidic and are not optimal for Michaux's sumac. Additionally, though open areas conducive to early -succession species are present in the project area, these areas consist of acidic Cecil and Enon soils and are highly maintained by frequent mowing, which is not suitable habitat for Michaux's sumac (Photograph 1 and 2; Figures 2 and 3). Finally, the USFWS Raleigh Ecological Services Field Office states in its Michaux's sumac profile page that the species is considered historic in Mecklenburg County." Due to the lack of habitat and known occurrences, CWS concludes that this project will not affect Michaux's sumac. 0 United States Fish and Wildlife Services. 1989. Endangered and Threatened Wildlife and Plants; Determination of Endangered Status for Rhus michauxii (Michaux's sumac). http://ecos.fws.gov/docs/federaI_register/fr1601.pdf. Page 4 of 8 Patterson Road March 4, 2019 Protected Species Habitat Assessment Report CWS Project No. 2018-0215 Carolina heelsplitter (Lasmigona decorata) Habitat Description: The Carolina heelsplitter was historically known from several locations within the Catawba and Pee Dee River systems in North Carolina and the Pee Dee and Savannah River systems, and possibly the Saluda River system in South Carolina. In North Carolina, the species is now known only from a handful of streams in the Pee Dee and Catawba River systems. The species exists in very low abundances, usually within 6 feet of shorelines, throughout its known range. The general habitat requirements for the Carolina heelsplitter are shaded areas in large rivers to small streams, often burrowed into clay banks between the root systems of trees, or in runs along steep banks with moderate current. Recently, the Carolina heelsplitter has been found is in sections of streams containing bedrock with perpendicular crevices filled with sand and gravel, and with wide riparian buffers." Biological Analysis A pedestrian foot survey conducted on August 2, 2018 revealed no perennial streams within the study area (Photograph 4). As no streams with requisite flow regimes exist on-site, no habitat for the Carolina heelsplitter is present. Due to the lack of habitat, CWS concludes that this project will not affect the Carolina heelsplitter. Rusty Patched Bumble Bee (Bombus affinis) The Rusty patched bumble bee was listed as Endangered under the ESA in January 2017.12 Rusty patched bumble bees once occupied grasslands and tallgrass prairies of the Upper Midwest and Northeast, but most grasslands and prairies have been lost, degraded, or fragmented by conversion to other uses. According to USFWS guidance, "the rusty patched bumble bee is likely to be present in scattered locations that cover only about 0.1 % of the species' historical range. It is within these limited areas USFWS recommend that federal agencies and others consider the need to consult with the Service on the potential effects of their actions or the potential need for an incidental take permit under section 10(a)(1)(B). For the remaining 99.9% of the historical range, USFWS advise agencies and others that this bumble bee is not likely to be present and that consultations or incidental take coverage is not necessary."13 According to USFWS' Rusty Patched Bumble Bee Interactive Map, Mecklenburg County is not within the 0.1 % historical range as no high potential zones or low potential zones are present within Mecklenburg County. Therefore, the proposed project will not affect the rusty -patched bumble bee. Northern long-eared bat (Myotis septentrionalis) The northern long-eared bat (NLEB) is one of the species of bats most impacted by the white -nose syndrome disease. Summer habitat (roosting habitat) of the NLEB includes forests and woodlots containing live trees and/or dead snags greater than three inches diameter at 11 NCDOT TE Animal Habitat Descriptions. 2015 https://connect.ncdot.gov/resources/Environmental/Compliance%20Guides%20and%20Procedures/TE%2OAnimal°/`2OHabitat% 20Descriptions%2OMar_6_2015.pdf 12 United States Fish and Wildlife Services. https://www.fws.gov/midwest/endangered/insects/rpbb/index.html 13 United States Fish and Wildlife Services. https://www.fws.gov/midwest/endangered/insects/rpbb/index.html Page 5 of 8 Patterson Road March 4, 2019 Protected Species Habitat Assessment Report CWS Project No. 2018-0215 breast height with cavities or crevices. Winter habitat (hibernacula) of the NLEB includes caves, mines, rocky areas, or structures that mimic similar conditions such as culverts greater than 48 -inch in diameter.14 The NLEB was listed as Threatened (T) on April 2, 2015. The forested areas within the property are potential habitats for the NLEB. A Standard Local Operating Procedure for Endangered Species Act Compliance (SLOPES) was established for NLEB between the USFWS Asheville and Raleigh Ecological Offices and the United States Army Corps of Engineers (USACE), Wilmington District, on January 31, 2017.15 This SLOPES defines how the USACE will make determinations of effect to the NLEB on projects in which the USACE is the lead federal agency. Alternative Local Procedure 1 (ALP 1) applies for the McDowell site as the action area is within range of the NLEB,16 the action area is located outside of a red 12 -digit HUC as defined by the Asheville Ecological Services Field Office," and consultation by the USACE is required on other listed species or critical habitat. The final 4(d) rule exempts incidental take of NLEB associated with activities that occur greater than 0.25 miles from a known hibernaculum site and greater than 150 feet from a known, occupied maternity roost from June 1 -July 31. In accordance with ALP 1 and the final 4(d) rule (effective as of February 16, 2016), any incidental take that may result from associated activities is exempt under the 4(d) rule. Therefore, this project is exempt under the 4(d) rule. Bald eagle (Haliaeetus leucocephalus) The Bald and Golden Eagle Protection Act,18 enacted in 1940, prohibits anyone, without a permit issued, from "taking" bald eagles, including their parts, nests, or eggs. Habitat for the bald eagle includes cliffs and forested areas typically within 1.0 mile of estuaries, large lakes, reservoirs, rivers, seacoast, and as they become more abundant, stands of undisturbed forest. A desktop -GIS assessment of the project study area, as well as the area within a 1 mile radius of the project limits, was performed on April 3, 2018 using 2017 color aerials. Mountain Island Lake is within 1 mile of the Phase 1 study area. A survey of the project study area and the area within the project limits was conducted. No eagles or raptors nests were observed on-site, and the site does not contain suitable eagle habitat. Additionally, a review of the NCNHP database on April 3, 2018 revealed no known occurrences of this species within 1.0 mile of the project study area. Due to the lack of habitat and known occurrences, CWS concludes that this project will not affect this species. Determinations Based on the literature search and the results of the on-site assessment for suitable habitat of federally -protected endangered, threatened, and candidate species, suitable habitat was not observed within the project limits for any of the species that could potentially occur. Additionally, based on the project area location, no tree removal activities will occur within a 150 -foot radius of a known, occupied NLEB maternity roost from June 1 -July 31, and no trees will be removed within 0.25 miles of a known hibernaculum at any time of year. Therefore, any incidental take 14 United States Fish and Wildlife Service. 2016. 4(d) Rule for the Northern Long -Eared Bat; Final rule. https://www.gpo.gov/fdsys/pkg/FR-2016-01-14/pdf/2016-00617.pdf 15 USACE http://saw-reg.usace.army.mil/NLEB/1-30-17-signed_NLEB-SLOPES&apps.pdf 16 The U.S. Fish and Wildlife Service (USFWS) 2016. https://www.fws.gov/midwest/endangered/mammals/nleb/pdf/WNSZone.pdf 17 The U.S. Fish and Wildlife Service (USFWS) 2016. Northern Long -Eared Bat. 18 https://www.fws.gov/midwest/MidwestBird/eaglepermits/bagepa.html Page 6 of 8 Patterson Road Protected Species Habitat Assessment Report March 4, 2019 CWS Project No. 2018-0215 on NLEB that may result from associated activities is exempt under the 4(d) rule and notifications will follow the SLOPES agreement19. Biological determinations requirements for federally protected species are summarized in Table 2 (below). Table 2. Biological Determination Requirements Summar Table for Federally Protected Species * E - Endangered, T - Threatened, BGEPA - Bald and Golden Eagle Protection Act ** - Required in accordance with SLOPES, ALP 1 agreement. 19 http://www.fws.gov/asheville/htmis/project review/NLEB_in_WNC.html Page 7 of 8 Federal Effect on Listed Biological Scientific Name Common Name Status* Species Determination Required Helianthus schweinitzii Schweinitz's sunflower E Will Not Affect No Rhus michauxii Michaux's sumac E Will Not Affect No Echinacea laevigata Smooth coneflower E Will Not Affect No Lasmigona decorata Carolina heelsplitter E Will Not Affect No Bombus affinis Rusty patched bumblebee E Will Not Affect No Myotis septentrionalis Northern long-eared bat T Exempt/Excepted Yes** Haliaeetus Bald eagle BGEPA Will Not Affect No leucocephalus * E - Endangered, T - Threatened, BGEPA - Bald and Golden Eagle Protection Act ** - Required in accordance with SLOPES, ALP 1 agreement. 19 http://www.fws.gov/asheville/htmis/project review/NLEB_in_WNC.html Page 7 of 8 Patterson Road Protected Species Habitat Assessment Report March 4, 2019 CWS Project No. 2018-0215 A biological assessment was not conducted for this project. All biological determinations of effect represent the best professional opinion of CWS and are not official determinations of effect. It is the responsibility of the lead federal agency to render an official determination of effect. Should the lead federal agency agree with CWS's initial findings of no effect, then no USFWS consultation is required to comply with Section 7 of the Endangered Species Act. Should the lead federal agency's determination of effect differ from the findings of CWS, formal or informal consultation with USFWS may be required. Thank you for the opportunity to provide these services on this important project. Please do not hesitate to contact Sean Martin at 828-719-1320 or sean@cws-inc.net should you have any questions or comments regarding this report. Sincerely, Y6�� 0 CJ7 A Sean Martin Senior Scientist Attachments: Figure 1: USGS Site Location Christine A. Geist, PWS, CE Consulting Group Manager Figure 2: Current USDA-NRCS Soil Map of Mecklenburg County Figure 3: Aerial Imagery Attachment A: NCNHP Data Review Report Attachment B: Representative Photographs (1-4) Page 8 of 8 or ren Cv Creek ns ad R� v�la{p ? rr' Project Limits (61.9 ac.) ofl 1 2,000 1,000 0 2,000 Feet REFERENCE: USGS 7.5 MINUTE TOPOGRAPHIC QUADRANGLE(S): CORNELIUS, NC (2017), DERITA, NC (2017), LAKE NORMAN SOUTH, NC (2017), AND MOUNTAIN ISLAND LAKE, NC (2017). Branch Grro — . SCALE:DATE: 1 inch = 2,000 feet 2 �4 USGS Topographic Map �- FIGURE NO. 1 CWS PROJECT NO: DRAWN BY: iorrnncv ,•� Kr5 • 2018-0215 DJZ - rn,kloi e of COORDINATES: CHECKED BY: CAROLINA i rtx ay 35.381380, -80.864525 CAG WETLANo SERVICES Huntersville, NC 3 An +d R,1 111• �� e, ,l• >.5�:1 Vd ¢j s 3 � � �"Ilk S• ;� ;4e ie.5 Ln va r+s!ory [fr �a a 6 r a ti �'• \ '7yb !! E O $ N e Ram°� v � •S n Y F a 4 a 1. y t�en;e5� a 2� V haw TarMra O[ z1: yn5 pt—e 80.q F �C AI HYnArwlt� L AN 1 -k Lbmmvnry Palk f fi; 4v *L C} i Gal ['•i crh 8x91! d:"T 4k �urdera l4] fiC ".�4e.k f Pry wr\a A - j cs \ a YPr W'1Y � i V Nair,t�r}i+t ltd 941hv Er�xan ;1 pEw G:\Team Drives\Consulting Team Drive\2018\2018 Consulting Projects\2018-0215 Patterson Rd\PETS\ArcGIS\Figure1_USGS.mxd ns Legend ? rr' Project Limits (61.9 ac.) ofl 1 2,000 1,000 0 2,000 Feet REFERENCE: USGS 7.5 MINUTE TOPOGRAPHIC QUADRANGLE(S): CORNELIUS, NC (2017), DERITA, NC (2017), LAKE NORMAN SOUTH, NC (2017), AND MOUNTAIN ISLAND LAKE, NC (2017). Branch Grro — . SCALE:DATE: 1 inch = 2,000 feet 2/26/2019 USGS Topographic Map FIGURE NO. 1 CWS PROJECT NO: DRAWN BY: • 2018-0215 DJZ Patterson Rd of COORDINATES: CHECKED BY: CAROLINA Mecklenburg County 35.381380, -80.864525 CAG WETLANo SERVICES Huntersville, NC 3 G:\Team Drives\Consulting Team Drive\2018\2018 Consulting Projects\2018-0215 Patterson Rd\PETS\ArcGIS\Figure1_USGS.mxd D2 k eB eB CeD2 — B Me e kE k WkE WkB WkE CeD2 MeB ' Pt W k En WkB Ce92 CeD2 PaE CeB2 WkE VaB W eD2 EnB Ir EnD k EnB W VaB HeB CeD2 VaB HeB WkB HeB VaB EnB EnB WkE MeB En MO HeB mflzsv�- 211 Legend CeB2 Cecil sandy clay loam, 2 to 8 percent slopes, moderately eroded No, 69.7 CeD2 Cecil sandy clay loam, 8 to 15 percent slopes, moderately eroded No 5.9 EnB EnB Enon sandy loam, 2 to 8 percent slopes No 3.8 J Project Limits (60.9 ac. ) EnD Enon sandy loam, 8 to 15 percent slopes No 7.5 MO Monacan loam, 0 to 2 percent slopes, frequently flooded Yes 0.4 Roads VaB Vance sandy loam, 2 to 8 percent slopes No 12.8 1,000 500 0 1,000 Feet REFERENCE: USDA-NRCS SOIL SURVEY OF MECKLENBURG COUNTY, NC, DATED 2013. eB SCALE: 1 inch = 1,000 feet 2/26/2019 DATE: USDA-NRCS Current Soil FIGURE NO. 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Sam Raper O` 1:24,108 0 0.2 0.4 0.8 mi 0 0.325 0.65 1.3 km Sources: Earl, HERE, Garmin, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri China (Hong Kong), —sstopo, © OpenStreetMap contributors, and the GIS User Community Patterson Road Attachment B: Photopage March 4, 2019 CWS Project No. 2018-0215 Photograph 1. View of maintained herbaceous area. Photograph 2. View of ecotonal area at the boundary of the forested and herbaceous area. Photopage 1 of 2 Patterson Road Attachment B: Photopage March 4, 2019 CWS Project No. 2018-0215 Photograph 3. View of Intermittent Stream A, facing downstream. Photograph 4. View of forested cover of areas with soils made up of diabase/gabbro parent material. 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PO M1 ♦11♦t. 11. . 11 •t tml . . ,xl♦t •t . . ad♦t t.♦ . .. 1'{¢ . . ♦t .,. ♦. . ,I , .I 1nft F,, ,'I . ♦♦��, �,.. ... .�►��u��������i��������i����„���ii►�o�►�w�i�►o.i►iii„���►u��ii�i����i�iiui�i�ii�i��iii���i�i�i a�.���ii�����i�����i�i�i���i�ai��ii��i���a��������i��i�a���i�.a�,,����iiiii►�������i���i��i������i�i����i��������� ����i�� a�ii��� ��������i� 1►01►1I:Q:QE1516""IN :15 NCNHDE-8338: Patterson Rd Old Ban,ede?� xC� yNgp no- 5� UN ��oxe Pp'e 014 hn ","11nn ]mm cx°a4 r x s eaY I r It ee c\ya 2 a �a �a 15' ° 796 R O` p' z Pr Ra O A F �A,do Ln February 26, 2019 Project Boundary Buffered Project Boundary Managed Area (MAREA) IIIIIII.V;11 F, i 51►1: 12 Center Reese e1�d n 8P9 rI ,,�, Orn xHrx'cr:a Cia. ery O 0 G"91yp 2g ��` ewe Lab N.— ch- 05 °rmancnadarCh T°k `117 t;a!nsOn Or ' O N 3 828 R % J.M o s AMnndar 836 R hWdW fi HambrgM Rd etyma Ekmenbry _1J —1 M .rin , Alexanderana Rn II. Sam Raper O` 1:24,108 0 0.2 0.4 0.8 mi 0 0.325 0.65 1.3 km Sources: Earl, HERE, Garmin, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri China (Hong Kong), —sstopo, © OpenStreetMap contributors, and the GIS User Community Patterson Road - NWP #39 Attachments ATTACHMENT G: Concept Plan April 8, 2019 CWS Project No. 2018-0215 -- - T PROP. LIGHT INDUSTRIAL BUILDING 400 *191,400 SF 8 _ EX 30' ?OST \\ CONSTRUCTION BUFFER \\ /I L 5 's s ® BOHLER ENGINEERING NC, PLLC NCBELS P-1132 19275. TRYPHONE 5980 22.3400 UITE FAX: CHARLOTTE,10 980 272,301C 20203 THE NF0Nwm0N,DESIDNANDOJMENi0 i lSP NAR PRDPRIE ANDSHULNDiBECa IEDDRUSEDFCRANY PURPOSE__ URPOSE PIANS BNALL BE UiILIiEiD FORCONSlH_oNPURp.EBE®BOHLDERLENGINEERNG520 NEDAND SEALED FULL POTENTIAL BUILD -OUT PATTERSON ROAD HUNTERSVILLE, N.C. I CONCEPT PLAN r/ 1 I / EX USGS BLUE / LINE STREAM A/ � I EX 00"MOU100 6S 0 1 PA BUFFER EROM PERENNGIL / / USCS BLUE LINA STREAM / / / 1 / / I / EX USCS BLUE / LINE STREAM / ' / I / ' 1 02/11/20191 NCC182042 CONCEPT F N W 100 . 25 0 100 r=1oo S Patterson Road - NWP #39 Attachments ATTACHMENT H: Alternative Site Plan No. 1 April 8, 2019 CWS Project No. 2018-0215 11 cl -1`\ 1 r �---_-___ -=—.Q, awl//f; • ; ; I ; / 1 1 1 1 1 �"—ZONfO.• CBIS rr l I I ; i ,�Irl�llrl `. I 1111 `\I Sr IiA� I 1 1 1 \ \ \ �`.20NER CI(CZ) S3 Stream D k�, 36 linear feet ' i \\AIED, C8 M' / r Z WI PARLELIMPACT TABLE _ �� ------ 10VERNFAO TOWERS 11 I �—' i i I J YA PROP. LIGHT INDUSTRIAL St BUILDING 400 ±191,400 SF S.` FFE:±801.20' St PROP. LIGHT INDUSTRI LBUILDING II POST FF 12 vMV SSL I Nk FEMUR£ ZONER C8 , 1\ S4 Stream C SSL RA / 47 linear feet - P� LIGHT IG 200 �At� ''� m BUILDING 200 SC 85,860 SF _____ FFE: ±796.00' 4I7.00• _J ZONED.- C6 486 PROP. LIGHT INDUSTRIAL BUILDING 100 ±105,600 SF FFE:±799.00' / 1 st If GRAPHIC SCALE (FEET) " 0 100 200 400 600 800 % l , , ZONED.• CB S 698 If ¢ w 1: / z2� S2: 13 If -J ,— S3: 36 If \\ �� S4: 47 If Total Stream Impacts: 794 If v W1: 0.001 ac W2: 0.02 ac 111 11 ZONED._• M W2 Wetland BB Total Wetland Impacts: 0.021 ac �'-"- 0.02 acres, ; ; moi/ W1 Wetland Cu �; �;-''; % ;%;- ----- �;' ;' ;' / I ' 0,001 acres / Q I / Stream B '7',' i /'" "", 'i' /,i i / EX. 30'POSF—'''�/''/ , , , / CONS7R(k'IX%Y Bl/FfER "' sr.US-G./ Q9 RSVN, ZE.• B13 linear feet =C o /MERMMEil7 Q (PER CWS ' / I ( l �' ---- / /' /' / /� i / i , CFS z MhWA )i / j ; i 1 / I / / —J'/ / , �/ ,i i viii / LLj z l W JLu 5 } -� 1\ — a— \ ) ( 1�`�_ \`✓ it ; i l i I \� � � Lu Lu St 1 ' MOUMAIN /BLOND [AKE I ; / \ 1 l I l r, l l I A BUFFER fRldll PERENNNL \S( fX. RE575AM ./ mNED.• W,,,' 1111%T INDUSTRIAL BUI _210,000 SF FFE: 786.00 SL PARCEL: x17.17 ACRES 216, 100 -216,000 SF FFE: 786.00 EL: ±13.40 ACRES �sL \S( St Sr. / / RES49EN71AL i ZONEQ• CB , i I (/SGS BLUE UNE BREW \ I ) ) 10 ) 1 ,SEWFR7TEllH4US C E49MENTr740105 I 1 1 1 \\` II IIX OFF7C 11 ` 1 • CB 1 IX. BLUE LW ISI II;III ' / `\' / C I\ v/ W CP U:) W LU co / W 1/ S1 Stream A 698 linear feet \k, 1\ \I 1` \ \` SHEET I fX. YAGN7\ 1 ZOAED CB Patterson Road - NWP #39 Attachments ATTACHMENT I: Alternative Site Plan No. 2 April 8, 2019 CWS Project No. 2018-0215 / __ - ` - __ -170-- -------------- 772 _------ _ .. �A --'--__-------774- " __"-- -776_-_ _.778-______/_:I�-="�! ��. ------- IG�ITR� \ f=' ; J J ,-, --------------- _ - '"'- ; /' _------ 714 ---"-" BU161Nfr��1j 'R 766------------- ` 880---' ' \" 79 / - r I / :792-_-- 111111''1' \ A �I I/� \ ''I �••. I II ; � ` `;` `\� ! yo III' - W2: 0.026 ac permanent fill 782 Total Permanent Wetland Impacts: 0.042 ac /776 7I , _ _ ------------__ / _ _------__- ____:' 111/11 ' _ -_ _ 7 _ __ / - —� S3 (Stream A) / __ - ` - __ -170-- -------------- 772 _------ _ .. �A --'--__-------774- " __"-- -776_-_ _.778-______/_:I�-="�! ------- IG�ITR� „___ ----------------- _ - - "- f=' ; _—_780--- _ -_782----- __----- ,-, --------------- _ - '"'- ; /' _------ 714 ---"-" BU161Nfr��1j 'R 766------------- ` 880---' ' \" 79 / - r I / :792-_-- '-----_ -__• _ 794 9ry, ______- yo -796--------------- 796- - W2: 0.026 ac permanent fill 782 Total Permanent Wetland Impacts: 0.042 ac /776 7I , _ _ ------------__ / _ _------__- ____:' 111/11 ' _ -_ _ 7 \ ------ ' ----------------- \ PROPA1gHT INDUSTRIAL \ - - - BUILDING 400 \ *191,400 SF------ FFE:±801 20' ------ - 870a. PROP. LIGHT INDUS BUILDING 100 ±88,200 SF FFE:±799.00' I COD / eep 1 I I I 890 e I ------------ r �zPo�Po f / r _ W2 (Wetland BB) " 0.026 ac fill impact W1 Wetland CC 0.016 ac fill impact a S2 Stream B 13 If fill impact S1 Stream A e 1 9 603 If fill impact 7 1e' - - `� --- — ------- IG�ITR� IMPACT TABLE �PROP. US`fRIAC, ' NOT APPROVED FOR CONSTRUCTION ------------ BU161Nfr��1j 'R ` \ - \" S3: 20 If temporary fill _ Total Permanent Stream Impacts: 616 If •• -__• _ ---__ ; 9ry, , yo W1: 0.016 ac permanent fill �zPo�Po f / r _ W2 (Wetland BB) " 0.026 ac fill impact W1 Wetland CC 0.016 ac fill impact a S2 Stream B 13 If fill impact S1 Stream A e 1 9 603 If fill impact 7 1e' - - `� --- — /¢fGH� IMPACT TABLE �PROP. US`fRIAC, ' NOT APPROVED FOR CONSTRUCTION / .III I I1I BU161Nfr��1j 'R S1: 603 If permanent fill ` S2: 13 If permanent fill \" S3: 20 If temporary fill SCALE: 1"=100' SA E:.: Total Permanent Stream Impacts: 616 If Total Stream Impacts: 636 If 9ry, , yo W1: 0.016 ac permanent fill W2: 0.026 ac permanent fill 782 Total Permanent Wetland Impacts: 0.042 ac /776 7I , _ _ ------------__ / _ _------__- ____:' 111/11 ' _ -_ _ 7 _ __ / - —� S3 (Stream A) �1 :4 s a a W04 is �z z O W z 0 �z w IREVISIONS IRINI DATE I COMMENT I BV �W�.TLAND,-7�REA ' SOELa�AT/0 C' ' �XOi30B"UPFGF)Ei'RT E_X L_lJ(NSEG'.S3'TRB�CAUfM- ;; "T 2;T/T 0 If fill impact • �y Z", Y �X YJSCS pt. /¢fGH� KNOW WHATS BELOW �PROP. US`fRIAC, ' NOT APPROVED FOR CONSTRUCTION / .III I I1I BU161Nfr��1j 'R PROJECT No.: NCC182042 DRAN/N BV: RB ` CHECI(ED BY: DH AR EL: k17.j 17.17A DATE: 3/12/2019 SCALE: 1"=100' SA E:.: CH -Pref 050. , r -804 L- -80 PROD, LIGHT I DUISTRI L _ BUILBIN 500'`, ------------------ ±16,000 FFE:786.0 1 , - 8p0 n 788 ,r % ,-'PARCEL±13.40A(1(iE9', _ --_-------- - LOD-�� >ee � ------------ , - - J y6 �_____' " � _ _____ -- 790 -- 1g8, -" 1g6 ----- �y Z", Y �X YJSCS pt. PROJECT: PROP. SITE PLAN DOCUMENTS FOR MCDONALD DEVELOPMENT LOCATION OF SITE PATTERSON ROAD HUNTERSVILLE, NC '1 i �Ig f t✓ BOHLER �'/ I I '; 1�I u ',`` �\ ` ,``� ,1 I ■ ENGINEERING NC, PLLC 1827 S. TRYON STREET, SUITE 310 o / CHARLOTTE, NC 28203 l 111 li I I Phone: (980)272-3400 //TT \\\•,��' `" 111','1`' I Faz: (980)272-3401 NC@BohleiEng.-. :'.y�'; �` •.• �'�, `, '`� SHEET TIRE: LL \ ' ` SITE PLAT -------- --- SHEET NUMBER KNOW WHATS BELOW ALWAYS CALL 811 BEFORE YOU DIG Its fast. It's free. It, the law. NOT APPROVED FOR CONSTRUCTION / .III I I1I I` J I PROJECT No.: NCC182042 DRAN/N BV: RB ` CHECI(ED BY: DH DATE: 3/12/2019 SCALE: 1"=100' SA E:.: CH -Pref PROJECT: PROP. SITE PLAN DOCUMENTS FOR MCDONALD DEVELOPMENT LOCATION OF SITE PATTERSON ROAD HUNTERSVILLE, NC '1 i �Ig f t✓ BOHLER �'/ I I '; 1�I u ',`` �\ ` ,``� ,1 I ■ ENGINEERING NC, PLLC 1827 S. TRYON STREET, SUITE 310 o / CHARLOTTE, NC 28203 l 111 li I I Phone: (980)272-3400 //TT \\\•,��' `" 111','1`' I Faz: (980)272-3401 NC@BohleiEng.-. :'.y�'; �` •.• �'�, `, '`� SHEET TIRE: LL \ ' ` SITE PLAT -------- --- SHEET NUMBER Patterson Road - NWP #39 Attachments ATTACHMENT J: NCDMS ILF Approval Letter April 8, 2019 CWS Project No. 2018-0215 ROY COOPER Governor MICHAEL S. REGAN Secretary TIM BAUMGARTNER Director Tracy White McDonald Development Company 525 N. Tryon Street Suite 1600 Charlotte, NC 28202 Project: Patterson Road NORTH CAROLINA Environmental Quality April 3, 2019 Expiration of Acceptance: 10/3/2019 County: Mecklenburg The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to accept payment for compensatory mitigation for impacts associated with the above referenced project as indicated in the table below. Please note that this decision does not assure that participation in the DMS in - lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will be approved. You must also comply with all other state, federal or local government permits, regulations or authorizations associated with the proposed activity including G.S. § 143-214.11. This acceptance is valid for six months from the date of this letter and is not transferable. If we have not received a copy of the issued 404 Permit/401 Certification within this time frame, this acceptance will expire. It is the applicant's responsibility to send copies of the permits to DMS. Once DMS receives a copy of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the in -lieu fee to be paid by an applicant is calculated based upon the Fee Schedule and policies listed on the DMS website. Based on the information supplied by you in your request to use the DMS, the impacts for which you are requesting compensatory mitigation credit are summarized in the following table. The amount of mitigation required and assigned to DMS for this impact is determined by permitting agencies and may exceed the impact amounts shown below. River Basin Impact Location Impact Type Impact Quantity _(8 -digit HUG Catawba 03050101 Warm Stream 616 j 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: Sean Martin, agent Sincerely, James; B Stanfill Asset anagement Supervisor North Carolina Department of Environmental Quality I Division of k9tigation Services 217 W. Jones Street 11652 Mail Service Center I Raleigh, North Carolina 27699-1652 919.707.5976