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HomeMy WebLinkAbout20190620 Ver 1_PCN Form Submission_20190508DR 02*10n of Water R"Ourc" Pre -Construction Notification (PCN) Form September 29, 2018 Ver 3 Initial Review Has this project met the requirements for acceptance into the review process?* r Yes r No Is this project a public transportation project?* r Yes r No Change only if needed. BIMS # Assigned * Version#* 20190620 1 Is a payment required for this project?* * No payment required What amout is owed?* * Fee received r $240.00 r Fee needed - send electronic notification r $570.00 Reviewing Office* Select Project Reviewer* Mooresville Regional Office - (704) 663-1699 Alan Johnson:eads\adjohnsonl Information for Initial Review 1a. Name of project: Elm Lane 1a. Who is the Primary Contact?* Daniel Kuefler 1 b. Primary Contact Email:* daniel.kuefier@vvetlands-epg.com Date Submitted 5/8/2019 Nearest Body of Water McAlpine Creek Basin Catawba Water Classification C Site Coordinates Latitude: 35.0510 A. Processing Information County (or Counties) where the project is located: Mecklenburg Is this project a public transportation project?* r Yes r No Longitude: -80.8178 1a. Type(s) of approval sought from the Corps: V Section 404 Permit (wetlands, streams and waters, Clean Water Act) F Section 10 Permit (navigable ureters, tidal waters, Rivers and Harbors Act) 1 b. What type(s) of permit(s) do you wish to seek authorization? P Nationwide Permit (NWP) F- Regional General Permit (RGP) r- Standard (IP) 1c. Primary Contact Phone:* (336)554-2728 1c. Has the NWP or GP number been verified by the Corps? r Yes r No Nationwide Permit (NWP) Number: NWP Numbers (for multiple NWPS): 1d. Type(s) of approval sought from the DWR: rJ 401 Water Quality Certification - Regular F Non -404 Jurisdictional General Permit F Individual Permit 18 - Minor Discharges 1e. Is this notification solely for the record because written approval is not required? For the record only for DWR 401 Certification: For the record only for Corps Permit: F 401 Water Quality Certification - E)press r Riparian Buffer Authorization 1f. Is this an after -the -fact permit application?* r- Yes r No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? r Yes r No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? r- Yes r- No Acceptance Letter Attachment ILF Letter _duplicate.pdf 119.36KB 1h. Is the project located in any of NC's twenty coastal counties? r Yes r No 1j. Is the project located in a designated trout watershed? r Yes r No B. Applicant Information 1d. Who is applying for the permit? F- Owner FI Applicant (other than owner) 1e. Is there an Agent/Consultant for this project? r Yes r No 2. Owner Information 2a. Name(s) on recorded deed: Covenant Baptist Church 2b. Deed book and page no.: 04815-951 2c. Responsible party: John Francois 2d. Address Street Address 6401 Carmel Road Address Line 2 CKY Charlotte Fbstal / Zip Cade 28226 2e. Telephone Number: (704)542-7273 29. Email Address:* daniel.kuefler@vvetlands-epg.com 3. Applicant Information (if different from owner) 3a. Name: Philip Hayes State / Ftovince / Fbgbn NC Country USA 2f. Fax Number: r Yes r No ryes r No 3b. Business Name: Land Investment Resources, LLC 3c.Address Street Address 3440 Toringdon Way, Suite 205 Address Line 2 CKY Charlotte Fbstal / Zip Cade 28277 3d. Telephone Number: (704)614-9531 3f. Email Address:* daniel.kuefler@vvetlands-epg.com C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (ff appropriate) 1c. Nearest municipality/ town: Charlotte 2. Project Identification 2a. Property Identification Number: 22328115 2c. Project Address Street Address Address Line 2 CRY Fbstal / Zip Cade 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* McAlpine Creek 3b. Water Resources Classification of nearest receiving water:* C 3c. What river basin(s) is your project located in?* Catawba 3d. Please provide the 12 -digit HUC in which the project is located. 030501030203 4. Project Description and History State / Province / Fggrn NC Country USA 3e. Fax Number: 2b. Property size: 7.5 State / Province / Rion Country 4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application:* The site is primarily covered with a secondary growth, disturbed, mixed pine/hardwood forest. General land use in the vicinity is primarily residential and commercial developments. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?* r Yes r No 6 Unknown 4d. Attach an 8 1/2 X11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site. (for DWR) USGS Map _duplicate.pdf 164.13KB 4e. Attach an 8 1/2 X11 excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. (for DWR) Soils Map _duplicate.pdf 287.85KB 4f. List the total estimated acreage of all existing wetlands on the property: 0.155 49. List the total estimated linear feet of all existing streams on the property: 0 4h. Explain the purpose of the proposed project:* The project consists of grading, fill & BMP for a residential development. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* Excavation and grading of the site will use standard equipment - excavator, dump trucks, track hoe, etc. 4j. Please upload project drawings for the proposed project. Exhibits _duplicate.pdf 2.3MB 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* r Yes r No Comments: 5b. If the Corps made a jurisdictional determination, what type of determination was made?* r Preliminary r Approved r Not Verified r Unknown r N/A Corps AID Number: SAW -2018-02072 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Nic Nelson Agency/Consultant Company: WEPG Other: r Unknown 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR A Preliminary Jurisdictional Determination request was submitted on 11/01/18 (SAW -2018-02072) and was field -verified by David Shaeffer (USACE) on 11/30/18. Please refer to the delineation map included in the JD section for further info. 5dl. Jurisdictional determination upload Delineation Map _duplicate.pdf 169.16KB 6. Future Project Plans 6a. Is this a phased project?* r Yes r No Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed projector related activity? No D. Proposed Impacts Inventory 1. Impacts Summary 1a. Where are the impacts associated with your project? (check all that apply): rJ Wetlands r- Streams -tributaries r- Buffers r- Open Waters r Pond Construction 2. Wetland Impacts a. Site #* (?) 2a1 Reason (?) 2b. Impact type * (?)]2�e of W. 2d. W. name * 2e. Forested* 2f. Type of 2g. Impact Jurisdicition*(?) area* V� Fill JP Headwater ForestWetland A/AA Yes Corps 0.089 (acres) 29. Total Temporary Wetland Impact 0.000 29. Total Wetland Impact 0.089 2h. Comments: E. Impact Justification and Mitigation 1. Avoidance and Minimization 2g. Total Permanent Wetland Impact 0.089 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: Due to the location of the on site wetland, opportunities to completely avoid these areas were limited. Impacts to site surface waters associated withthe proposed development were limited through site selection location, design, location/orientation of the proposed lots and access routes and design of the concave BMP. Surface drainage areas were analyzed with existing and proposed grades to ensure adequate hydrology will be maintained (1.68 CFS of drainage flow based on a 10 yr event). The remaining onsite wetland area will be supplemented with additional wetland species. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Construction techniques will implement approved erosion control methods to avoid/minimize impacts to onsite/adjacent offsite receiving conveyances. 2:1 slopes are used where feasible and allowed by the City of Charlotte. An concave shape was incorporated to the west side of the dry detention basin to conform to the adjacent wetland below, the basin incorporates a retaining wall with temporary water storage located along the face of the wall.This pond storage and wall design approach minimizes impacts to the adjacent wetland. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? r Yes r No 2c. If yes, mitigation is required by (check all that apply): F DWR W Corps 2d. If yes, which mitigation option(s) will be used for this project? ❑ Mitigation bank ❑J Payment to in -lieu fee ❑ Permittee Responsible program Mitigation 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. r Yes r No 4b. Stream mitigation requested: (Imear feat) 4d. Buffer mitigation requested (DWR only): (square feet) 4f. Non -riparian wetland mitigation requested: (acres) 4h. Comments 4c. If using stream mitigation, what is the stream temperature: 4e. Riparian wetland mitigation requested: (acres) 0.089 4g. Coastal (tidal) wetland mitigation requested: (acres) A 2:1 ratio is proposed for the watland impacts. F. Stormwater Management and Diffuse Flow Plan (required by DWR) 1. Diffuse Flow Plan 1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? r Yes r No If no, explain why: 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?* O Yes G No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? 6 Yes G No 2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater program? 6 Yes O No 2d. Which of the following stormwater management program(s) apply: [2 Local Government ❑ State Local Government Stormwater Programs m Phase II ❑ NSW ❑ USMP ❑ Water Supply Please identifywhich local government stormwater program you are using. Mecklenburg County Comments: Storm water on the site will be handled by facilities shown on the attached plans. The stormwater plan has been submitted to Mecklenburg County for review and has been designed to meet their criteria. G. Supplementary Information V 1. Environmental Documentation 1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?* r Yes r No 2. Violations (DWR Requirement) 2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15A NCAC 2B.0200)?* r Yes r No 3. Cumulative Impacts (DWR Requirement) 3a. Will this project result in additional development, which could impact nearby downstream water quality?* r Yes r No 3b. If you answered "no," provide a short narrative description. No future phases proposed. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* r Yes r- No r N/A 4b. Describe, in detail, the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated at a treatment plant, list the capacity available at that plant. Wastewater generated on the site will be transported to the nearest treatment facility via sewer lines. 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or habitat?* r Yes r No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* r- Yes c No 5d. Is another Federal agency involved?* r- Yes r No r Unknown 5e. Is this a DOT project located within Division's 1-8? r Yes r No 5f. Will you cut anytrees in order to conduct the work in waters of the U.S.? r Yes r No 5g. Does this project involve bridge maintenance or removal? r Yes r No 5h. Does this project involve the construction/installation of a wind turbine(s)?* r Yes r No Si. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.? r Yes r No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? A Threatened/Endangered species assessment was conducted in which no species were identified. Habitat does exist for the Northern Long Eared Bat but the project is exempt as noted in the included T&E report. Consultation Documentation Upload T&E Report _duplicate.pdf 780.79KB 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?* r Yes r No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?* No essential fish habitat in this region. 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?* r Yes r No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* SHPO's website: http://gis.ncdcr.gov/hpoweb/ 7c. Historic or Prehistoric Information Upload 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA -designated 100 -year floodplain?* r Yes f No 8c. What source(s) did you use to make the floodplain determination?* http://polaris3g.mecklenburgcountync.gov ; www.fema.gov Miscellaneous Comments A complete, compiled PCN package including cover letter, forms, maps and exhibits is attached. Miscellaneous attachments not previously requested. Elm Lane PCN 050819.pdf Signature m By checking the box and signing below, I certify that: 6.56MB • I have given true, accurate, and complete information on this form; • I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); • I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); • I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND • I intend to electronically sign and submit the PCN form. Full Name: Daniel Kuefler Signature o Date 5/8/2019 VYetiards and Environmental Nanning Group A ent Authorization Letter Leonard S. Rindner, PLLC. The purpose of this form is to authorize our firm to act on your behalf in matters related to aquatic resource (i.e. stream/wetlands) identification/mapping and regulatory permitting. The undersigned, who are either registered property owners or legally authorized to conduct due diligence activities on the property as identified below, do hereby authorize associates of Leonard S. Rindner, PLLC, Wetlands and Environmental Planning Group (WEPG) to act on my behalf and take all actions necessary for the processing, issuance, and acceptance of applicable permit(s) and/or certification(s). Project/Site Name: Elm Lane West Property Address: Elm Larne, Charlotte, NC Parcel Identification Number (PIN): 22328111 Select one: I am an interested buyerlseller Name: Philip M. Hayes Company: Land Investment Resources, LLC Mailing Address: 3440 Toringdon Way, Suite 205 Charlotte, NC 28277 Telephone Number: 704-614-9531 Electronic Mail Address: pmhayesna,Eandinvestmentresources.com L I'rollertyPwneA/ Aerested Buyer* I Other` Ddte * The Interested BuyerlOther acknowledges that an agreement andlor formal contract to purchase and/or conduct due diligence activities exists between the current property owner and the signatory of this authorization in cases where the property is not owned by the signatory. Charlotte Office: www.wer1ands-epg.com Asheville Office: 106 R 2-D Providence Rd. 1470 Tunnel Rd.. Bldg. I PMS 550 Suite 10, PM 283 Charlotte, NC 28277 Asheville. NC 78805 (704)904-2277 len.rindner(3a wetlands-epg.cam 0- .49R. f , 3 APPROXIMATE PROJECT i BOUNDARY (Red Dashed Line) vi. 10lob. M• 1 k '- CULVERT—L--r2) ' - - R•age WETLANDA/AA -0.155 ac onsite _ • `.,1 t r •` APPROVED PJD BOUNDARY Von k STUDY LIMITS (Solid Black Line) , ***NCDEQ VERIFICATION 7/5/18*** ***USACE VERIFICATION 11/30/18*** .r FIGURE NO. ELM LANE WEST Fawn By: Reviewed 13 Mecklenburg Co., NC NRN LSR . - DELINEATION MAP aD/20/18 ATE: ATK -WATERS OF THE U.S.- YRkto U/30/18 ' - EXISTING CONDITIONS STUDY / + SUBJECT TO USACE VERIFICATION VICINITY MAP NOT TO SCALE I PROJECT BOUNDARY i \ tea I Lor,' \ \ ) M199 ACR -T6,9 / (II E IOF RI'W) i ONSITE WETLANDS A: 6,771 SQ. FT. (.155 AC) I 1 �— T— „�— J N+11// w lllltl.. j EXISTING CHURCH I X 1 EXISTING CHURCH \� d dr DESIGN RESOURCE GROUP — LANDSCAPE ARCHITECTURE CIVIL ENGINEERING TRANSPORTATION PLANNING 2459 W',lk',,son Blvd, St, 200 Charlotte, NC 28208 • 704.343.0608 ,vw.drgrp.aam 0 Q Uj Z J ' /� O v J U N _o LLI �n z Z 0 Ll 0 z ~ i J J O�° Q o _ J ¢ � � Z U v v iJ USACE #: (SAW -201 EXISTING CONDITIONS o 75 150 O SCALE: 1" = 150' PROJECT #: 579-009 DRAWN BY: JO CHECKED BY NB MAY 1, 2019 Zm 1.4 [a p Copyright©2019 DesignResourc.Group, PAThisplanortlrawinga,dmyaccompanyingdocumentsorcalculatiom—theproperlyofDesig,Resourc,Group, PA; antlarelntendetlsolelyfor[heuseof[herecipien[no[ed. No[hlrtlpartyuseormodlfca[ionispermit[etlwithoutwrittenauthorization, Figure 1� //"'X L-�� EXISTING TOWNHOMES - VICINITY MAP NOT TO SCALE 1 I PROJECT BOUNDARY � I 1 - EXISTING SINGLE FAMILY HOMES r.� �- -= ---="- �J li -- —_— 0 I EXISTING TOWNHOMES I EXISTING CHURCH _® o a TOTAL IMPERVIOUS AREA BEING TREATED BY BMP IS 3.32 AC. TOTAL SITE AREA=7.5 AC IMPERVIOUS AREA=3.32 AC IMPERVIOUS= 44.3% dr DESIGN RESOURCE GROUP Copyright © 2019 Design Resource Group, PA This plan or drawing antl any accompanying documents or calculations are the properly of Design Resource Group, PA; antl are Intended solely far the use of the recipient noted. No third party use or m,difcatm is permitted without written authorization. PROPOSED SITE PLAN & IMPACT Ai o 75 gO SCALE: 1" = 150' PROJECT #: 579-009 DRAWN BY: JO CHECKED BY NB MAY 1, 2019 REVISIONS: Figure 8 LANDSCAPE ARCHITECTURE CIVIL ENGINEERING TRANSPORTATION PLANNING 2459 Wllklnson Blvd, St, 200 Charlotte, NC 28208 704.343.0608 drgrp.aam Q LLI 0 �z J ° 0� v J U N _° W Q' So Z OWLLI Z OZ / ? H 0��'° J J o Q 5 J = Q �° 2 0 'J L LI U USACE #: (SAW -201 Copyright © 2019 Design Resource Group, PA This plan or drawing antl any accompanying documents or calculations are the properly of Design Resource Group, PA; antl are Intended solely far the use of the recipient noted. No third party use or m,difcatm is permitted without written authorization. PROPOSED SITE PLAN & IMPACT Ai o 75 gO SCALE: 1" = 150' PROJECT #: 579-009 DRAWN BY: JO CHECKED BY NB MAY 1, 2019 REVISIONS: Figure 8 Copyright © 2019 Design Resource Group, PA This plan or drawing antl any accompanying documents or calculations are the properly of Design Resource Group, PA; antl are Intended solely far the use of the recipient noted. No third parly use or m dlfcation is permitted without written authorization. dr DESIGN RESOURCE GROUP LANDSCAPE ARCHITECTURE CIVIL ENGINEERING TRANSPORTATION PLANNING 2459 Wllklnson Blvd, St, 200 Charlotte, NC 28208 704.343.0608 w,vw.drg,,— USACE #: (SAW -201 STORMWATER OVERVIEW N o 75150 O SCALE: 1" = 150' PROJECT #: 579-009 DRAWN BY: JO CHECKED BY NB MAY 1, 2019 .m 1.4 [a p Figure 9 0 Q Z J �- OO x LU)r, D 04 vJ U S2 O N W �Z 0�- z z ��LU LU �� 0 J LU � oo�'J O } U 2 J U v w USACE #: (SAW -201 STORMWATER OVERVIEW N o 75150 O SCALE: 1" = 150' PROJECT #: 579-009 DRAWN BY: JO CHECKED BY NB MAY 1, 2019 .m 1.4 [a p Figure 9 TREE SAVE AND BUFFER AREA (TYP.) REQUIRED BUFFER SCREENING SHRUBS (TYP.) SURFACE DRAINAGE TO RECHARGE WETLAND. 0.4 ACRES DRAINING TO WETLAND. 1.68 CFS OF STORM DRAINAGE FLOW, BASED ON A 10 YR EVENT. WETLAND TO BE ENHANCED WITH WETLAND TOLERANT SHRUBS. SEE PLANTING EXHIBIT BY WPEG WETLAND AREA NOT IMPACTED: 2,844 SF EXISTING WETLAND AREA TO REMAIN ANTI -SEEP COLLAR— TO BE INSTALLED— EXISTING NSTALLED_EXISTING HW TO BE - REPLACED WITH PR. STORM MANHOLE AS PART OF THE STORM DRAINAGE DESIGN TEMPORARY WETLAND IMPACT 50 SF PROJECT BOUNDARY_ / lip" TREE SAVE AND BUFFER AREA (TYP.) II I \� \ 42—CB / RIM: 676.00 / 24" RCP FOREBAY I RETAINING WALL W -WETLAND IMPACT 3,877 SF n" 11 ' DIII i7J dr DESIGN RESOURCE GROUP LANDSCAPE ARCHITECTURE CIVIL ENGINEERING TRANSPORTATION PLANNING 2459 Wilkinson Blvd, St, 200 Charlotte, NC 28208 704.343.0608 vin .d rgrp.aam Copyright © 2019 Design Resource Group, PA This plan or drawing antl any accompanying documents or calculations are the properly of Design Resource Group, PA; antl are Intended solely far the use of the recipient noted. No third party use or—dlfcation is permitted without written authorization PROJECT #: 579-009 DRAWN BY: JO CHECKED BY NB MAY 1, 2019 REVISIONS: Figure 10 Q Z J �— O O � r' - _ vJ U O I w cz z _ O z Q ��� O��'° J J o Q = L J Q J Q Lo w U v USACE #: (SAW -201 IMPACT AREA 0 21 4, O SCALE: 1" = 40' Copyright © 2019 Design Resource Group, PA This plan or drawing antl any accompanying documents or calculations are the properly of Design Resource Group, PA; antl are Intended solely far the use of the recipient noted. No third party use or—dlfcation is permitted without written authorization PROJECT #: 579-009 DRAWN BY: JO CHECKED BY NB MAY 1, 2019 REVISIONS: Figure 10 PROJECT BOUNDARY .. lea 1 • Cism- idr 1 DESIGN RESOURCE GROUP \ LANDSCAPE ARCHITECTURE k \ CIVIL ENGINEERING �l \\ TRANSPORTATION PLANNING \ \ 2459 W',lk'inson Blvd, St, 200 Charlotte, NC 28208 \ 204.343.0608 drgrp.aam IMPACT CROSS SECTION o 20 40 O SCALE: 1" = 40' PROJECT #: 579-009 DRAWN BY: JO CHECKED BY NB ' MAY 1, 2019 REVISIONS: EXTENTS OF WETLAND (TYP.) PROJECT BOUNDARY NOT TO SCALE ,1 Copyright©2019 DesignResourceGroup,PAThisplanortlrawing-danyaccompanyingdocumentsorcalculationsaretheproperlyofDesignResourceGroup, PA; antlarelntendetlsolelyfor[heuseof[herecipien[no[ed. No[hlrtlpartyuseormodlfca[ionispermit[etlwithoutwrittenauthorization. Figure 11 0 Q �Z° J /� O vJ U C O N LLI z� �n z 0 Q Is J O0 C o Q J W U v USACE #: (SAW -201 IMPACT CROSS SECTION o 20 40 O SCALE: 1" = 40' PROJECT #: 579-009 DRAWN BY: JO CHECKED BY NB ' MAY 1, 2019 REVISIONS: EXTENTS OF WETLAND (TYP.) PROJECT BOUNDARY NOT TO SCALE ,1 Copyright©2019 DesignResourceGroup,PAThisplanortlrawing-danyaccompanyingdocumentsorcalculationsaretheproperlyofDesignResourceGroup, PA; antlarelntendetlsolelyfor[heuseof[herecipien[no[ed. No[hlrtlpartyuseormodlfca[ionispermit[etlwithoutwrittenauthorization. Figure 11 PROJECT GOALS: (1) RELOCATE EVERGREEN SHRUB BUFFER TO AVOID EXISTING WETLAND (2) ENHANCE VEGETATION — WITH CONTAINERIZED NATIVE SHRUBS & TREES CONTAINERIZED MATERIAL Won center): Magnolia virginiana (Sweet Bay), Cornus amomum (Silky Dogwood), Clethera alnifolia (Sweet Pepperbush), Sambucus nigra (Elderberry) Spiraea tomentosa (Hardhack), Lyonia lucida (Fetterbush), Morella cerifera (Wax Myrtle) TREE SAVE AND BUFFER AREA PROPERTY LINE—, SURFACE DRAINAGE TO RECHARGE WTLAIND. 0.4 ---� ACRES DRAINING, TO WIETLAND. 1-88 CFS OF STORM � DRAINAGE FLOW, BASED ON A 10 YR EVENT. � S -y WETLAND AREA PRESERVED 2,844 SF _ f EXISTING WEnAND AREA TO -REMAIN eau;MA7 .+. f EASTINO HIW TO 8E REPLACED WITH PR- STORM MANHOLE AS i PART OF THE STORM .•;•. + DRAINAGE DESIGN *. wp 11=0 i Ff - _f__L_ ENHANCEMENT AREA -PLANT NATIVE SHRUB/TREE P _ T. FOREBAY - fi--- RETAINING WALL ,t BUFFER 14ETLAND Ihi�PACT 3ESIFF _ SAND FILTER *Temporary access corridor to be reestablished with native species, wooded corridor to be replanted at 260 stems/acre. Permanent maintenance easement to be reseeded with native stabilization mix. FIGURE NO. ELM LANE WEST Drawn By: Reviewed 12 All: Q I + Mecklenburg Co., INC NRN LSR ENHANCEMENT MAP -WATERS OF THE U.S.- EXISTING CONDITIONS STUDY SUBJECT TO USACE/NCDEQ VERIFICATION DATE: 4/15/19 ROY COOPER Govemor MICHAEL S. REGAN Secretary TIM BAUMGARTNER Director Philip Hayes Land Investment Resources, LLC 3440 Toringdon Way, Suite 205 Charlotte, NC 28227 Project: Elm Lane Site NORTH CAROLINA Environmental Quality April 15, 2019 Expiration of Acceptance: 10/15/2019 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 Catawba Impact Location (8 -digit HUC) 03050103 Impact Type Impact Quantity Riparian Wetland 0.089 "DMS proposes to utilize the Catawba 03 Expanded Service Area to meet the mitigation requirement. Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The mitigation will be performed in accordance with the In -Lieu Fee Program instrument dated July 28, 2010 and 15A NCAC 02B .0295 as applicable. Thank you for your interest in the DMS in -lieu fee mitigation program. If you have any questions or need additional information, please contact Kelly Williams at (919) 707-8915. cc: Daniel Kuefler, agent [, EC Sincerely, James. b Stanfill Asset. Management Supervisor North Carolina Department of Environmental Quality i Division of Mitigation Services 217 w Jones Street 11652 Mail Service Centet I Raleigh, North Carolina 27699-1652 919.7078976 ►A s APPROXIMATE PROJ ECT BOUNDARY STUDY AREA (�� W D I _;0 CeB2 O � 364- N EnB FIGURE NO. ELM LANE 4 WEPG I Mecklenburg Co., NC NRCS PUBLISHED SOILS MAP -WATERS OF THE U.S.- EXISTING CONDITIONS STUDY SUBJECT TO USACE/NCDEQ VERIFICATION Drawn By: Revi ewed By: NRN _SR DATE: 4/11/18 , Updated 5/3/19 Map Unit Symbol Map Unit Name Acres in AOI Percent of AOI CeB2 Cecil sandy clay loam, 2 to 8 percent slopes, moderately eroded 9.1 51.3% EnS Enon sandy loam, 2 to 8 percent slopes 4.4 24.5% MeB Mecklenburg fine sandy loam, 2 to 8 percent slopes 0.5 2.8% WkB Wilkes loam, 4 to 8 percent slopes 1.3 7.2% 2.5 14.2% 17,8 1 0.15°l WkD Wilkes loam, 8 to 15 percent slopes Totals for Area & Interest FIGURE NO. ELM LANE 4 WEPG I Mecklenburg Co., NC NRCS PUBLISHED SOILS MAP -WATERS OF THE U.S.- EXISTING CONDITIONS STUDY SUBJECT TO USACE/NCDEQ VERIFICATION Drawn By: Revi ewed By: NRN _SR DATE: 4/11/18 , Updated 5/3/19 Wetlands and Environmental Planning Group Leonard S. Rindnei Threatened / Endangered / Protected Species Evaluation For Elm Lane Site Mecklenburg County, North Carolina By: Lisa R. Gaffney February 12, 2019 Charlotte Office: www.wetlands-epg.com Asheville Dft ce: 10612-D Providence Rd. 1070 Tunnel Rd., Bldg. I PMB 550 Suite 10, PMB 283 Charlotte, NC 28277 Asheville, NC 28805 (704) 904-2277 I en. ri nd ner@wet Ian ds -epg. ca m Elm Lane Site -Threatened /Endangered /Protected Species Evaluation GENERAL LANDSCAPE DESCRIPTION: The Elm Lane site (12.6 acres) is located just west of Elm Lane, and just north of Robinson Forest Drive in Mecklenburg County, North Carolina. It can be found on the Weddington, NC USGS Topographic Quadrangle Map; latitude is 35.0510 N, longitude is -80.8178 W. The topography consists of upland flat grading into gentle slopes, with the elevation ranging from 650 to 690 ft. (Figure 1). Two church buildings and parking lots with expansive turf grass lawn and planted small trees occupy the eastern portion of the site, and the western portion is covered with a secondary growth, disturbed mixed pine/hardwood forest. There is a dirt -gravel road leading to a cell phone tower in the northern section of the site. Figure 1: Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. Drawn By: Revie wed By: FIGURE NO. ELM LANE CREEK g We kle nh urg Co, NC � I 1 LI5G5 MAP DATE: -TSOFTH4/11/113S- EXISTING CO ND fip NS STU Dv SfllJ1} J/ 5MVECTTO GSA[E IIE9MG4R IN I A'. to 7 ' PROD BCr RO UN[1gRY ST 11�V AREA - LOCATION Let: 35.0510 °N SCALE - _ ;:, Long: -80.8178 °N! 1 1:24,000 HUC:03050203 ACRES USGSQUA ❑ - SUGARCREEK 12.557 Weddington, NC Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. Drawn By: Revie wed By: FIGURE NO. ELM LANE g We kle nh urg Co, NC IN PIN LS LI5G5 MAP DATE: -TSOFTH4/11/113S- EXISTING CO ND fip NS STU Dv SfllJ1} J/ 5MVECTTO GSA[E IIE9MG4R IN I Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. Elm Lane Site - Threatened /Endangered /Protected Species Evaluation METHODOLOGY: The US Fish and Wildlife Service website http://www.fws.gov/endangered/ was referenced to determine the occurrence of Threatened, Endangered and Protected species for Mecklenburg County North Carolina, the results of which are listed below (Table 1). Maps and aerial photographs were assembled, and the site was investigated on February 12, 2019 Table 1: Threatened / Endangered / Protected Species listed for Mecklenburg County County: Mecklenburg, NC *Source: US Fish & Wildlife Service **Data search on February 12, 2019 Group Name Status Record Status Invertebrate Carolina Heelsplitter (Lasmiciona Endangered Current decorata Invertebrate Rusty -patched Bumble Bee Endangered Historic (Bombus affinis) Vascular Plants Smooth Coneflower (Echinacea Endangered laevi ata Vascular Plants Schweinitz's Sunflower (Helianthus Endangered schweinitzii) Vascular Plants Michaux's Sumac (Rhus michauxii) Endangered Vertebrate Northern Long -Eared Bat (Myotis septentrionalis) Vertebrate Bald Eagle (Haliaeetus leucocephalus) Threatened Current Current Current Probable/Potential Protected under the Bald Current and Golden Eagle Protection Act Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. Elm Lane Site -Threatened /Endangered /Protected Species Evaluation A total of three plant species with federal protection are listed as potentially occurring in Mecklenburg County: Schweinitz's Sunflower (Helianthus schweinitzii), listed as Federally Endangered, is typically found in open habitats which historically have been maintained by wildfires and grazing bison and elk herds. Now most occurrences are limited to roadsides, woodland and field edges, and utility rights-of-way (ROW). • Smooth Coneflower (Echinacea laevigata), listed as Federally Endangered, is typically found in open woods, cedar barrens, roadsides, clear cuts, dry limestone bluffs and power line rights-of-way, requiring abundant sunlight and little competition from other plant species. • Michaux's Sumac (Rhus michauxii), listed as Federally Endangered, requires habitat of sandy forests and woodland edges. This species requires periodic fire as a part of its ecology. A total of four animal species with federal protection are listed as potentially occurring in Mecklenburg County: Bald Eagle (Haliaeetus leucocephalus), protected by the Bald and Golden Eagle Protection Act, typically inhabits forested areas near large bodies of open water such as lakes, marshes, seacoasts and rivers, where there are suitable fish populations and tall trees for nesting and roosting. Carolina Heelsplitter (Lasmigona decorata), listed as Federally Endangered, is restricted to cool, clean, well -oxygenated water. Stable, silt- free stream beds are required for this species. Typically stable areas occur where the stream banks are well -vegetated with trees and shrubs. Northern Long-eared Bat (Myotis septentrionalis), listed as Federally Threatened. During summer, northern long-eared bats roost singly or in colonies underneath bark, in cavities, or in crevices of both live and dead trees. Males and non -reproductive females may also roost in cooler places, like caves and mines. It has also been found, rarely, roosting in structures like barns and sheds. Northern long-eared bats spend winter hibernating in caves and mines, called hibernacula. Rusty -patched Bumble Bee (Bombus affinis), listed as Federally Endangered, live in colonies that include a single queen and female workers. Rusty -patched Bumble Bees historically occupied grasslands and tallgrass prairies. Bumble bees need areas that provide nectar and pollen from flowers, nesting sites (underground and abandoned rodent cavities or clumps of grasses), and overwintering sites for hibernating queens (undisturbed soil). Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. Elm Lane Site -Threatened /Endangered /Protected Species Evaluation RESULTS: Two church buildings and parking lots with expansive turf grass lawn and planted small trees occupy the eastern portion of the site, and the western portion is covered with a secondary growth, disturbed mixed pine/hardwood forest. The disturbed mixed pine/hardwood forest includes canopy trees of Short -leaf Pine (Pinus echinata), Willow Oak (Quercus phellos), White Oak (Q. alba), Southern Red Oak (Q. falcata), Sweet Gum (Liquidambar styraciflua), Tulip Poplar (Liriodendron tulipifera), and Red Maple (Acer rubra). Sub -canopy species include Red Cedar (Juniperus virginiana), Southern Magnolia (Magnolia grandiflora), Sourwood (Oxydendrum arboreum), Flowering Dogwood (Cornus florida), and American Holly (Ilex opaca). The shrub layer is dominated by Russian Olive (Elaeagnus umbellate). Vines observed were Japanese Honeysuckle (Lonicera japonica), Muscadine (Vitis rotundifolia), Poison Ivy (Toxicodendron radicans), and Catbrier (Smilax sp.). The herb layer is sparse and includes Christmas Fern (Polystichum acrostichoides), Ebony Spleenwort (Asplenium platyneuron), Japanese Stiltgrass (Microstegium vimineum), Panic Grass (Panicum sp.), False Nettle (Boehmeria cylindrica), and Knotweed (Polygonum sp.). Transitional areas along the tree line are dominated by common weedy species including Ragwort (Packera sp.), Broomsedge (Andropogon virginicus), Goldenrod (Solidago sp.), Ragweed (Ambrosia artemisiifolia), Rabbit Tobacco (Gnapthalium obtusifolium), Beggars Ticks (Desmodium sp.), and Dogfennel (Eupatorium capillifolium). Threatened & Endangered/Protected Species Results All potential habitats for Schweinitz's Sunflower, Michaux's Sumac and Smooth Coneflower along the roadside, transitional areas and woods edges were examined and none of these species were present. No habitat exists on the site for Bald Eagles, and there were no sightings nor were any nesting sites observed. • There are no suitable streams on site with the habitat characteristics required to support populations of the Carolina Heelsplitter. Based on existing documentation, Carolina Heelsplitter populations have not been previously identified within this basin. No individuals were observed during the survey nor would any be expected on-site. • Comparing this site location to the USFWS Asheville office's website (http://www.fws.gov/asheville/htmis/project review/NLEB in WNC.html) it appears that the site meets the "exempt" criteria which requires no further Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. Elm Lane Site - Threatened /Endangered /Protected Species Evaluation action under section 7 of the Endangered Species Act for the Northern Long-eared Bat. • Comparing this site location to the USFWS Range Map for Rusty -patched Bumble Bee (https://www.fws.gov/midwest/endangered/insects/rpbb/rpbbmap.htmi) Mecklenburg County is in it's Historic Range, and as such, Section 7 consultation is not needed. WEPG concludes that Rusty -patched Bumble Bee is not present. RECOMMENDATIONS: Based on the site investigation and the review of available data, WEPG did not identify any protected species occurring on the subject property. No further investigation of the presence of protected species on this site is recommended at this time. Respectfully submitted, 4'.1 # 1*e�l Lisa R. Gaffney Biologist February 13, 2019 Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. r MCALPINE CREEK = W \ f + I ", �� ""� n it 4i- -_ \ p. ,.�, 1 f _ _ ,. � - 4"'' •� I: .� ✓� I''r w� 1� �' I I� 'I,r - r"`- � ,� � • 1� � - y=�.. i "`i', �y, -„t r 4"� ,r,•- �,f �► � i � � •° R - s -� J A'' - e `- -jam J %�l °` ..1 IF -�y • 1 ?s % APPROXIMATE .4 PROJECTBOUNDARY., STUDY AREA Y LOCATION' Lat: 35.0510 °N SCALE Long: -80.8178 QW 1:24,000 HUC: 03050103 ACRES USGS QUAD SUGAR CREEK 7.5 Weddington, NC �& •.. FIGURE NO. 3 ELM LANE Mecklenburg Co., NC Drawn By:I Revi ewed By: NRN LSR USGS MAP DATE: 4/11/18 -WATERS OF THE U.S.- EXISTING CONDITIONS STUDY Updated 5/3/19 SUBJECT TO USACE VERIFICATION