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HomeMy WebLinkAbout20190813 Ver 1_Corps Requested Extra Copy_20190614Preliminary 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 Fm A2a]: 2.Work Type: Private Institutional Government Commercial 3.Project Description / Purpose [PCN Form B3d and B3e]: 4.Property Owner / Applicant [PCN Form A3 or A4]: 5.Agent / Consultant [PCN Form A5 – or ORM Consultant ID Number]: 6.Related Action ID Number(s) [PCN Form B5b]: 7.Project Location - Coordinates [PCN Form B1b]: 8.Project Location - Tax Parcel ID [PCN Form B1a]: 9.Project Location – County [PCN Form A2b]: 10.Project Location – Nearest Municipality or Town [PCN Form A2c]: 11.Project Information – Nearest Waterbody [PCN Form B2a]: Authorization: Section 10 Section 404 Section 10 & 404 Regulatory Action Type: Standard Permit Nationwide Permit # 29 Regional General Permit # Jurisdictional Determination Request Pre-Application Request Unauthorized Compliance Revised 20150602 8 02173 Murray site ✔ PCN for a residential development D.R. Horton Inc. Leonard S. Rindner, PLLC / WEPG 35.2903 N/-80.9827 W - San Gabriel Avenue, Mount Holly, NC 05303223 Mecklenburg Mt. Holly Long Creek 03050101 - Catawba ✔ ✔ 1 June 14, 2019 Mr. David Shaeffer U.S. Army Corps of Engineers Asheville Regulatory Field Office 151 Patton Avenue, Asheville, NC 28801-5006 Mr. Alan Johnson NCDEQ Division of Water Resources 610 East Center Street, Suite 301, Moorseville, NC 28115 Ms. Karen Higgins NCDEQ Division of Water Resources Wetlands & Storm Water Branch 512 North Salisbury Street, Raleigh, NC 27604 Mr. Byron Hamstead U.S. Fish and Wildlife Service Asheville Field Office 160 Zillicoa Street, Asheville, NC 28801 Subject: SAW-2018-02173; Pre-Construction Notification for NWP 29 for the Murray Property Subdivision site, Mt. Holly, Mecklenburg County, NC. Ms. Higgins and Messrs. Shaeffer, Johnson, and Hamstead, Enclosed is a request for a Nationwide Permit # 29 for the approximate 41.1 -acre site known as The Murray Property subdivision site located northwest of the intersection of San Gabriel Ave and Belmeade Drive in Mt. Holly, NC. The site is a proposed residential development and consists of four streams and five wetlands. A preliminary jurisdictional determination was submitted on November 19, 2018 (SAW-2018-02173) and was field-verified by David Shaeffer on January 17, 2019. Please refer to the Jurisdictional Determination section for information on onsite surface waters. As shown on the attached exhibits, the proposed project will include impacts to two streams (Streams F & H/HH) and one wetland (Wetland E) for two road crossings and fill associated with a road connector. Overall impacts to site surface waters associated with the proposed development were limited through site selection location, design, location/orientation of the proposed lots and access routes. Due to the location of the features, which bisect the site, in relation to existing roads and municipal infrastructure, opportunities to completely avoid these 2 features were limited. The additional piping above the road crossing of Aransas road along Waxahachie Avenue is unavoidable due the city requirements for residential street connectivity, intersection spacing, and emergency vehicle access. The required extension of Aransas road has been confirmed by the City of Charlotte (Joshua Weaver, Program Manager) via the attached email dated 5/16/19. A proposed subsurface drain located at the head of Stream H/HH above the piped section will be installed to maintain hydrology for the stream. The total permanent impacts proposed include 275 linear feet of stream (Perennial Stream F & Intermittent H/HH) and 0.01 ac of wetland (Wetland E). Of the proposed stream impacts to the Perennial Stream F, 28 linear feet of impact will be due to stabilizing riprap installed at existing bed elevations and will not contribute to a Loss-of-Waters of the U.S. Efforts of impact minimization were implemented during the design to preserve the existing channel hydrology and limit adverse effects to existing, onsite natural habitat. A large portion of the site (>25 % of the site area) will be dedicated to undisturbed tree save. The site is in compliance with stormwater detention and treatment requirements and all utilities crossings will use directional boring to avoid additional temporary impacts. The required road crossings have been designed to minimize impacts by the use of retaining walls, large headwalls, 2:1 slopes where possible, and pulling in sidewalks as narrow as possible. Where needed, stabilizing rip rap will be placed at existing bed elevations as to not contribute to a loss-of-waters of the U.S. The applicant has demonstrated substantial avoidance and minimization efforts in which 91% of the 2,971 linear feet of stream channel and 99% of the 0.35 ac wetlands onsite will be avoided on the project. To compensate for the anticipated permanent impacts, the applicant is proposing payment to the NCDMS at a 2:1 ratio for 73 linear feet of impact to perennial warm water stream and a 1:1 ratio for 174 linear feet of impact to intermittent warm water stream. A copy of the In-lieu fee acceptance letter is attached. Also enclosed is a copy of our Threatened/Endangered Species Evaluation for the site. No listed species were identified within the project area and we believe that there will be no effect on listed species or their critical habitat as designated under Section 7 of the Endangered Species Act. Please refer to the Threatened and Endangered Species Evaluation Section for additional details on the terrestrial species evaluation. Thank you for your consideration and please contact me if you have any questions, (336) 554-2728 or email at daniel.kuefler@wetlands-epg.com. Sincerely, Daniel Kuefler Len Rindner, PWS Environmental Scientist Principal Permit Application Permit Application Page 1 of 10 PCN Form – Version 1.4 January 2009 Office Use Only: Corps action ID no. _____________ DWQ project no. _______________ Form Version 1.4 January 2009 Pre-Construction Notification (PCN) Form A. Applicant Information 1. Processing 1a. Type(s) of approval sought from the Corps: Section 404 Permit Section 10 Permit 1b. Specify Nationwide Permit (NWP) number: or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? 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 1e. 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 1g. Is the project located in any of NC’s twenty coastal counties. If yes, answer 1h below. Yes No 1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? Yes No 2. Project Information 2a. Name of project: 2b. County: 2c. Nearest municipality / town: 2d. Subdivision name: 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: 3b. Deed Book and Page No. 3c. Responsible Party (for LLC if applicable): 3d. Street address: 3e. City, state, zip: 3f. Telephone no.: 3g. Fax no.: 3h. Email address: Murray Property Subdivision Mecklenburg Mt. Holly Isaac Murray 09942-063 2313 Carved Tree Lane Charlotte, NC, 28262 704-597-8580 29 Page 2 of 10 4. Applicant Information (if different from owner) 4a. Applicant is: Agent Other, specify: 4b. Name: 4c. Business name (if applicable): 4d. Street address: 4e. City, state, zip: 4f. Telephone no.: 4g. Fax no.: 4h. Email address: 5. Agent/Consultant Information (if applicable) 5a. Name: 5b. Business name (if applicable): 5c. Street address: 5d. City, state, zip: 5e. Telephone no.: 5f. Fax no.: 5g. Email address: Dan Rossi D.R. Horton, Inc. 8001 Arrowridge Road Charlotte NC 28273 704-685-2091 DJRossi@DRHorton.com Daniel Kuefler Leonard S. Rindner, PLLC - Wetlands & Environmental Planning Group 10612-D Providence Road, PMB 550 Charlotte, NC 28227 336-554-2728 daniel.kuefler@wetlands-epg.com Developer Page 3 of 10 PCN Form – Version 1.4 January 2009 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 1b. Site coordinates (in decimal degrees): Latitude: Longitude: 1c. Property size: acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: 2b. Water Quality Classification of nearest receiving water: 2c. River basin: 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: 3b. List the total estimated acreage of all existing wetlands on the property: 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 3d. Explain the purpose of the proposed project: 3e. Describe the overall project in detail, including the type of equipment to be used: 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? Yes No Unknown Comments: 4b. If the Corps made the jurisdictional determination, what type of determination was made? Preliminary Final 4c. If yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. 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. 05303223 -80.9827 41.1 Long Creek C 03050101 The topography consists of gently sloped upland grading into moderate slopes and drainages with the elevation ranging from 590 to 670ft. The site is in primary succession and in a highly disturbed state as a result of timber harvesting. General land use in the vicinity is a mixture undeveloped land and residential developments. 0.35 The project consists of two road crossings, grading, & fill for a residential development. Excavation and grading of the site will use standard equipment - excavator, dump trucks, track hoe, etc. WEPG A Preliminary Jurisdictional Determination request was submitted on 11/19/2018 (SAW-2018-02173) and was field-verified by David Shaeffer (USACE) on 1/17/19. 35.2903 2,971 PJD submitted11/19/2018 (SAW-2018-02173) Nic Nelson Page 4 of 10 PCN Form – Version 1.4 January 2009 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. Wetland impact number Permanent (P) or Temporary (T) 2b. Type of impact 2c. Type of wetland 2d. Forested 2e. Type of jurisdiction Corps (404,10) or DWQ (401, other) 2f. Area of impact (acres) W1 W2 W3 W4 W5 W6 2g.Total Wetland Impacts: 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. Stream impact number Permanent (P) or Temporary (T) 3b. Type of impact 3c. Stream name 3d. Perennial (PER) or intermittent (INT)? 3e. Type of jurisdiction 3f. Average stream width (feet) 3g. Impact length (linear feet) S1 S2 S3 S4 S5 S6 3h. Total stream and tributary impacts 3i. Comments: Fill Bottomland Hardwood Forest Yes Corps 0.01 Yes/No - Yes/No - Yes/No - Yes/No - Yes/No - 0.01 Culvert Stream F PER DWQ 5 73 Stream F 5 28 StreamH/HH 3 174 275 Of the impacts required for the road crossing ofStream F 28 lf will be due to rip rap installed at existing elevations and will not contribute to a Loss-of- Waters of the U.S. P - - - - - Choose one Choose one Choose one Choose one Choose one Choose one Choose one Choose one Choose one Choose one P P P - - - Stabilization Culvert Choose one Choose one Choose one PER INT - - - DWQ DWQ - - - Page 5 of 10 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 individually list all open water impacts below. 4a. Open water impact number Permanent (P) or Temporary (T) 4b. Name of waterbody (if applicable 4c. Type of impact 4d. Waterbody type 4e. Area of impact (acres) O1 O2 O3 O4 4f. Total open water impacts 4g. Comments: 5. Pond or Lake Construction If pond or lake construction proposed, then complete the chart below. 5c. Wetland Impacts (acres) 5d. Stream Impacts (feet) 5e. Upland (acres) 5a. Pond ID number 5b. Proposed use or purpose of pond Flooded Filled Excavated Flooded Filled Excavated 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.Project is in which protected basin? Neuse Tar-Pamlico Catawba Randleman Other: 6b. Buffer Impact number – Permanent (P) or Temporary (T) 6c. Reason for impact 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact (square feet) 6g. Zone 2 impact (square feet) B1 B2 B3 B4 B5 B6 6h.Total Buffer Impacts: 6i. Comments: Choose one Choose Choose one Yes/No - - - - Choose one Choose one Choose one Choose Choose Choose Choose one - - - - - - Yes/No Yes/No Yes/No Yes/No Yes/No ) Page 6 of 10 PCN Form – Version 1.4 January 2009 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. 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: Type: Type: Quantity: Quantity: 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: linear feet 4c. If using stream mitigation, stream temperature: 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. Impacts to site surface waters associated with the proposed development were limited through site selection location, design, location/orientation of the proposed lots and access routes. Greater than 25% of the site area will be dedicated to undisturbed tree save.The impact due to the Waxahachie Ave connection is unavoidable due to city ordinances re: street connectivity & intersection spacing as confirmed via email from Josh Weaver 5/16/19, attached. A subsurface drain will be installed at the head of stream H/HH to maintain hydrology to the stream. Construction techniques will implement approved erosion control methods to avoid/minimize impacts to onsite/adjacent offsite receiving conveyances. Large retaining walls and headwalls will be used, 2:1 slopes, and sidewalks pulled in to keep road crossings as narrow as possible. Directional boring will be used for all utility crossings to avoid additional impacts. Stabilizing rip rap will be placed at existing bed elevations as to not contribute to a loss- of-waters of the U.S. 247 warm 0.01 A 2:1 ratio is proposed for the perennial stream impacts, a 1:1 ratio is proposed for the intermittent stream impacts Choose one Choose one Choose one Page 7 of 10 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 buffer mitigation? Yes No 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. Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (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 8 of 10 PCN Form – Version 1.4 January 2009 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 within one of the NC Riparian Buffer Protection Rules? Yes No 1b. If yes, then is a diffuse flow plan included? If no, explain why. Yes No 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? % 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: 2e. Who will be responsible for the review of the Stormwater Management Plan? 3. Certified Local Government Stormwater Review 3a. In which local government’s jurisdiction is this project? 3b. Which of the following locally-implemented stormwater management programs apply (check all that apply): Phase II NSW USMP Water Supply Watershed Other: 3c. Has the approved Stormwater Management Plan with proof of approval been attached? Yes No 4. DWQ Stormwater Program Review 4a. Which of the following state-implemented stormwater management programs apply (check all that apply): Coastal counties HQW ORW 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 33.8 Storm water on the site will be handled by facilities shown on the attached plans. The stormwater plan has not yet been submitted to Mecklenburg County but will be designed to meet their criteria. Mecklenburg County Mecklenburg County Page 9 of 10 PCN Form – Version 1.4 January 2009 F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? Yes No 1b. 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 (North Carolina) Environmental Policy Act (NEPA/SEPA)? Yes No 1c. 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.) Comments: Yes No 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, or Riparian Buffer Rules (15A NCAC 2B .0200)? Yes No 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 additional development, which could impact nearby downstream water quality? Yes No 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. 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. Wastewater generated on the site will be transported to the nearest treatment facility via sewer lines. Page 10 of 10 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? Yes No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts? Yes No 5c. If yes, indicate the USFWS Field Office you have contacted. 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? 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? 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 (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? Yes No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? 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? Applicant/Agent's Printed Name _______________________________ Applicant/Agent's Signature (Agent's signature is valid only if an authorization letter from the applicant is provided.) Date 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. No essential fish habitat in this region. SHPO's website: http://gis.ncdcr.gov/hpoweb/ No grading or fill is proposed in the floodplain. http://polaris3g.mecklenburgcountync.gov ; www.fema.gov - Daniel Kuefler 06-13-2019 Daniel Kuefler Digitally signed by Daniel Kuefler DN: cn=Daniel Kuefler, o=WEPG, ou, email=daniel.kuefler@wetlands- epg.com, c=US Date: 2019.06.13 15:10:09 -04'00' 'wetlands and Environmental Planning Group Agent 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: Murray Property Property Address: San Gabriel Avenue, Mount Holly, NC, Parcel Identification Number (PIN): 0S303223 Select one: I am an interested buyer/seller Name: Dan Rossi Company: D.R. Horton Inc. Mailing Address: 8001 Arrowridge Blvd. Telephone Number: (704) 685-2091 Electronic Mail Address: DJRossi@DRHorton.com Owner 1 Interested Buyer'* / Other` Date * The Interested Buyerl4ther acknowledges that an agreement andlor formal contract to purchase andlor 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.weciands-epg.com Asheville Office: 10612-D Providence Rd. 1070 Tunnel Rd., Bldg. I PMB 550 Suite 10, PMB 283 Charlotte, NC 28277 Asheville, NC 28805 (704)904-2277 lon.rindner@wetlands-epg.com ROY COOPER Governor MICHAEL S. REGAN secretary TIM BAUMGARTNER Director Dan Rossi DR Horton, Inc. 8001 Arrowridge Blvd. Charlotte, NC 28273 Project: Murray Property Subdivision yµ�l • . NORTH CAROLINA Fnviranntental Quality June 11, 2019 Expiration of Acceptance: 12/11/2019 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 I is-rlinit Hurl 03050101 1 Riparian Wetland Catawba 1 03050101 Warm Stream 0.01 247 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 Sincerely, Jame . B Stanfill Asset ll� agement Supervisor E~ - i a �Mm DO F�QR�,O- a North Carolina Department of Environmental Quality I Division of Mitigation Services 717 W. Jones Street 11652 Mail Service Center I Rateigh, North Carolina 27699-1652 919.707.8976 Maps/Plans Maps/Plans FIGURE NO. MURRAY PROPERTY Mecklenburg Co., NC   VICINITY MAP - WATERS OF THE U.S. - EXISTING CONDITIONS STUDY SUBJECT TO USACE/NCDEQ VERIFICATION  DATE: 9/5/18 Drawn By: LSR NRN Reviewed By: SITE PROJECT BOUNDARY STUDY LIMITS 1 Drawn By:Reviewed By:NRNLSRDATE:9/5/18FIGURE NO.MURRAY PROPERTY Mecklenburg Co., NC AERIAL MAP – WATERS OF THE U.S. EXISTING CONDITIONS STUDY SUBJECT TO USACE/NCDEQ VERIFICATIONPROJECT BOUNDARY STUDY LIMITS2 FIGURE NO. MURRAY PROPERTY Mecklenburg Co., NC   USGS MAP - WATERS OF THE U.S. - EXISTING CONDITIONS STUDY SUBJECT TO USACE/NCDEQ VERIFICATION  DATE: 9/5/18 Drawn By: LSR NRN Reviewed By: PROJECT BOUNDARY STUDY LIMIT LOCATION Lat: 35.2903 ºN Long: -80.9827 ºW HUC: 03050101 CATAWBA SCALE 1:24,000 ACRES 41.12 USGS QUAD Mountain Island Lake, NC LONG CREEK 3 FIGURE NO. MURRAY PROPERTY Mecklenburg Co., NC   NRCS PUBLISHED SOILS MAP -WATERS OF THE U.S.- EXISTING CONDITIONS STUDY SUBJECT TO USACE/NCDEQ VERIFICATION  DATE: 9/5/18 Drawn By: LSR NRN Reviewed By: PROJECT BOUNDARY STUDY LIMITS 4 FIGURE NO. MURRAY PROPERTY Mecklenburg Co., NC ͑ ͑ NRCS SOILS MAP -WATERS OF THE U.S.- EXISTING CONDITIONS STUDY SUBJECT TO USACE/NCDEQ VERIFICATION ͑ ͑ DATE: 9/14/18 Drawn By: LSR DCK Reviewed By: PROJECT BOUNDARY STUDY LIMITS 5 FIGURE NO. MURRAY PROPERTY Mecklenburg Co., NC ͑ ͑ TAX PARCEL MAP -WATERS OF THE U.S.- EXISTING CONDITIONS STUDY SUBJECT TO USACE/NCDEQ VERIFICATION ͑ ͑ DATE: 9/14/18 Drawn By: LSR DCK Reviewed By: PROJECT BOUNDARY STUDY LIMITS Parcel: 05303223 Owner: Isaac Murray 2313 Carved Tree Lane Charlotte, NC, 28262 6 PRELIMINARY - NOT RELEASED FOR CONSTRUCTION, RECORDATION, CONVEYANCES, OR SALESFILE PATH:M:\Projects\DR Horton\2018007500CL - Murray Property Subdivision\CADD\Plan Set\2018007500_C_SHT_EXIST & DEMO - WETLAND.dwg, ELANDEROS, 6/11/2019 2:26:36 PM616 COLONNADE DRCHARLOTTE, NC 28205(t)(704) 334-5348(f)(704) 334-0078WWW.WKDICKSON.COMNC LICENSE NO.F-0374WGBCJH/TAKESLJAN. 201820180075.00.CLMURRAY PROPERTY SUBDIVISIONFOR D.R. HORTONIN CHARLOTTE, NCWETLAND EXHIBIT - EX. CONDITIONSG1.0WKD PROJ. NO.:DRAWING NUMBER:PROJ. DATE:PROJ. MGR.:DESIGN BY:DRAWN BY:PROJECT NAME:DRAWING TITLE:COPYRIGHT ©, W.K. DICKSON & CO., INC. ALL RIGHTS RESERVED. REPRODUCTION OR USE OF THE CONTENTS OF THIS DOCUMENT; ADDITIONS ORDELETIONS TO THIS DOCUMENT, IN WHOLE OR IN PART, WITHOUT WRITTEN CONSENT OF W.K. DICKSON & CO., INC., IS PROHIBITED. ONLY COPIESFROM THE ORIGINAL OF THIS DOCUMENT, MARKED WITH AN ORIGINAL SIGNATURE AND SEAL SHALL BE CONSIDERED TO BE VALID, TRUE COPIES.community infrastructure consultants3000 600SCALE: 1" = 300'Figure 7 BMP#4PCCO BUFFER (TYP.)PROPOSED GRAVITYSANITARY SEWER (TYP.)PRELIMINARY - NOT RELEASED FOR CONSTRUCTION, RECORDATION, CONVEYANCES, OR SALESFILE PATH:M:\Projects\DR Horton\2018007500CL - Murray Property Subdivision\CADD\Plan Set\2018007500_C_SHT_GRADING OVERALL - WETLAND.dwg, ESUDDRETH, 6/11/2019 2:27:00 PM616 COLONNADE DRCHARLOTTE, NC 28205(t)(704) 334-5348(f)(704) 334-0078WWW.WKDICKSON.COMNC LICENSE NO.F-0374WGBCJH/TAKESLJAN. 201820180075.00.CLMURRAY PROPERTY SUBDIVISIONFOR D.R. HORTONIN CHARLOTTE, NCWETLAND EXHIBIT - OVERALL SITEPLANG2.0WKD PROJ. NO.:DRAWING NUMBER:PROJ. DATE:PROJ. MGR.:DESIGN BY:DRAWN BY:PROJECT NAME:DRAWING TITLE:COPYRIGHT ©, W.K. DICKSON & CO., INC. ALL RIGHTS RESERVED. REPRODUCTION OR USE OF THE CONTENTS OF THIS DOCUMENT; ADDITIONS ORDELETIONS TO THIS DOCUMENT, IN WHOLE OR IN PART, WITHOUT WRITTEN CONSENT OF W.K. DICKSON & CO., INC., IS PROHIBITED. ONLY COPIESFROM THE ORIGINAL OF THIS DOCUMENT, MARKED WITH AN ORIGINAL SIGNATURE AND SEAL SHALL BE CONSIDERED TO BE VALID, TRUE COPIES.community infrastructure consultantsWETLAND CAPPROX. 0.03 AC.(1,153 SQFT.)PERENNIAL STREAM IAPPROX. 1,218 LFPERENNIAL STREAM FAPPROX. 609 LFINTERMITTENT STREAM GAPPROX. 425 LF PERENNIAL STREAM IAPPROX. 1,218 LF INTERMITTENT STREAM H/HHAPPROX. 719 LFWETLAND BAPPROX. 0.01 AC.(68 SQFT.)PROPERTYBOUNDARY (TYP.)BMP#3BMP#2BMP#13000 600SCALE: 1" = 300'PROPOSED SEWER BORE(NO IMPACTS PROPOSEDTO STREAM)PROPOSED SEWER BORE(NO IMPACTS PROPOSED TOSTREAM OR WETLANDS)EXISTING SANITARYSEWER (TYP.)PROPERTY DATA FOR MURRAY PROPERTY SUBDIVISIONTAX PARCEL ID: 05303223 (41.066 ACRES)SITE AREAS:TOTAL SITE AREA: 41.066 AC.IMPERVIOUS AREA: 13.86 AC.% IMPERVIOUS: 33.75%Figure 8 PRELIMINARY - NOT RELEASED FOR CONSTRUCTION, RECORDATION, CONVEYANCES, OR SALESFILE PATH:M:\Projects\DR Horton\2018007500CL - Murray Property Subdivision\CADD\Plan Set\2018007500_C_SHT_GRADING OVERALL - WETLAND.dwg, ESUDDRETH, 6/11/2019 2:27:06 PM616 COLONNADE DRCHARLOTTE, NC 28205(t)(704) 334-5348(f)(704) 334-0078WWW.WKDICKSON.COMNC LICENSE NO.F-0374WGBCJH/TAKESLJAN. 201820180075.00.CLMURRAY PROPERTY SUBDIVISIONFOR D.R. HORTONIN CHARLOTTE, NCIMPACT AG3.0WKD PROJ. NO.:DRAWING NUMBER:PROJ. DATE:PROJ. MGR.:DESIGN BY:DRAWN BY:PROJECT NAME:DRAWING TITLE:COPYRIGHT ©, W.K. DICKSON & CO., INC. ALL RIGHTS RESERVED. REPRODUCTION OR USE OF THE CONTENTS OF THIS DOCUMENT; ADDITIONS ORDELETIONS TO THIS DOCUMENT, IN WHOLE OR IN PART, WITHOUT WRITTEN CONSENT OF W.K. DICKSON & CO., INC., IS PROHIBITED. ONLY COPIESFROM THE ORIGINAL OF THIS DOCUMENT, MARKED WITH AN ORIGINAL SIGNATURE AND SEAL SHALL BE CONSIDERED TO BE VALID, TRUE COPIES.community infrastructure consultantsPROPOSED GRAVITYSANITARY SEWER (TYP.)PCCO BUFFER (TYP.) PERENNIAL STREAM FAPPROX. 609 LFINTERMITTENT STREAM GAPPROX. 425 LFBMP#4TOP OF BANK (TYP.)BOTTOM OF BANK (TYP.)500 100SCALE: 1" = 50'IMPACT A-1APPROX. 73 LFSTREAM DISTURBANCE1 - 72" RCP CULVERTAPPROX. 67 LFRIPRAP APRONFOR 72" RCPPROP. RETAINING WALL (TYP.)2:1 2:12:12:12:1EXISTING SANITARYSEWER (TYP.)IMPACT A-2 APPROX. 28 LF STREAMDISTURBANCE. RIP RAP WILL BEPLACED AT PRECONSTRUCTIONSTREAMBED ELEVATIONSFigure 9 PRELIMINARY - NOT RELEASED FOR CONSTRUCTION, RECORDATION, CONVEYANCES, OR SALESFILE PATH:M:\Projects\DR Horton\2018007500CL - Murray Property Subdivision\CADD\Plan Set\2018007500_C_SHT_GRADING OVERALL - WETLAND.dwg, ESUDDRETH, 6/11/2019 2:27:11 PM616 COLONNADE DRCHARLOTTE, NC 28205(t)(704) 334-5348(f)(704) 334-0078WWW.WKDICKSON.COMNC LICENSE NO.F-0374WGBCJH/TAKESLJAN. 201820180075.00.CLMURRAY PROPERTY SUBDIVISIONFOR D.R. HORTONIN CHARLOTTE, NCIMPACT B & IMPACT CG3.1500 100SCALE: 1" = 50'WKD PROJ. NO.:DRAWING NUMBER:PROJ. DATE:PROJ. MGR.:DESIGN BY:DRAWN BY:PROJECT NAME:DRAWING TITLE:COPYRIGHT ©, W.K. DICKSON & CO., INC. ALL RIGHTS RESERVED. REPRODUCTION OR USE OF THE CONTENTS OF THIS DOCUMENT; ADDITIONS ORDELETIONS TO THIS DOCUMENT, IN WHOLE OR IN PART, WITHOUT WRITTEN CONSENT OF W.K. DICKSON & CO., INC., IS PROHIBITED. ONLY COPIESFROM THE ORIGINAL OF THIS DOCUMENT, MARKED WITH AN ORIGINAL SIGNATURE AND SEAL SHALL BE CONSIDERED TO BE VALID, TRUE COPIES.community infrastructure consultantsPROPOSED GRAVITYSANITARY SEWER (TYP.)INTERMITTENT STREAM H/HHAPPROX. 719 LFBMP#1PCCO BUFFER (TYP.)TOP OF BANK (TYP.)BOTTOM OF BANK (TYP.)IMPACT BAPPROX. 174 LFSTREAM DISTURBANCEPROPERTY LINE (TYP.)PROPOSED RETAININGWALL (TYP.)2:1 2:1 3:1SEE SHEET G4.1 FORIMPACT B CROSS-SECTIONRIPRAP APRONFOR 30" RCPFigure 10 PRELIMINARY - NOT RELEASED FOR CONSTRUCTION, RECORDATION, CONVEYANCES, OR SALESFILE PATH:M:\Projects\DR Horton\2018007500CL - Murray Property Subdivision\CADD\Plan Set\2018007500_C_SHT_GRADING OVERALL - WETLAND.dwg, ESUDDRETH, 6/11/2019 2:27:16 PM616 COLONNADE DRCHARLOTTE, NC 28205(t)(704) 334-5348(f)(704) 334-0078WWW.WKDICKSON.COMNC LICENSE NO.F-0374WGBCJH/TAKESLJAN. 201820180075.00.CLMURRAY PROPERTY SUBDIVISIONFOR D.R. HORTONIN CHARLOTTE, NCIMPACT A CULVERT CROSS SECTIONG4.0500 100SCALE: 1" = 50' HWKD PROJ. NO.:DRAWING NUMBER:PROJ. DATE:PROJ. MGR.:DESIGN BY:DRAWN BY:PROJECT NAME:DRAWING TITLE:COPYRIGHT ©, W.K. DICKSON & CO., INC. ALL RIGHTS RESERVED. REPRODUCTION OR USE OF THE CONTENTS OF THIS DOCUMENT; ADDITIONS ORDELETIONS TO THIS DOCUMENT, IN WHOLE OR IN PART, WITHOUT WRITTEN CONSENT OF W.K. DICKSON & CO., INC., IS PROHIBITED. ONLY COPIESFROM THE ORIGINAL OF THIS DOCUMENT, MARKED WITH AN ORIGINAL SIGNATURE AND SEAL SHALL BE CONSIDERED TO BE VALID, TRUE COPIES.community infrastructure consultantsPROPOSED RETAININGWALL (TYP.)10020SCALE: 1" = 10' VPROPOSED GRADE (TYP.)EXISTING GRADE (TYP.)1 - 72" RCP CULVERTAPPROX. 67 LF @ 3.19%RIP RAP APRONFOR 72" RCPINV OUT = 593.14'INV IN = 595.26'RIP RAP WILL BE PLACEDAT PRECONSTRUCTIONSTREAMBED ELEVATIONSCULVERT PIPE TO BEBURIED 1' BELOW GRADEFigure 11 PRELIMINARY - NOT RELEASED FOR CONSTRUCTION, RECORDATION, CONVEYANCES, OR SALESFILE PATH:M:\Projects\DR Horton\2018007500CL - Murray Property Subdivision\CADD\Plan Set\2018007500_C_SHT_GRADING OVERALL - WETLAND.dwg, ESUDDRETH, 6/11/2019 2:27:21 PM616 COLONNADE DRCHARLOTTE, NC 28205(t)(704) 334-5348(f)(704) 334-0078WWW.WKDICKSON.COMNC LICENSE NO.F-0374WGBCJH/TAKESLJAN. 201820180075.00.CLMURRAY PROPERTY SUBDIVISIONFOR D.R. HORTONIN CHARLOTTE, NCIMPACT B CROSS SECTIONG4.1500 100SCALE: 1" = 50' HWKD PROJ. NO.:DRAWING NUMBER:PROJ. DATE:PROJ. MGR.:DESIGN BY:DRAWN BY:PROJECT NAME:DRAWING TITLE:COPYRIGHT ©, W.K. DICKSON & CO., INC. ALL RIGHTS RESERVED. REPRODUCTION OR USE OF THE CONTENTS OF THIS DOCUMENT; ADDITIONS ORDELETIONS TO THIS DOCUMENT, IN WHOLE OR IN PART, WITHOUT WRITTEN CONSENT OF W.K. DICKSON & CO., INC., IS PROHIBITED. ONLY COPIESFROM THE ORIGINAL OF THIS DOCUMENT, MARKED WITH AN ORIGINAL SIGNATURE AND SEAL SHALL BE CONSIDERED TO BE VALID, TRUE COPIES.community infrastructure consultantsPROPOSED RETAININGWALL (TYP.)10020SCALE: 1" = 10' VPROPOSED GRADE (TYP.)EXISTING GRADE (TYP.)INV OUT = 636.75'IMPACT BAPPROX. 174 LFSTREAM DISTURBANCEPROPOSED SUBSURFACEDRAIN TO CATCH/CONVEYHYDROLOGYCENTERLINE OF STREAMEXISTING GRADEINV IN = 642.00'END OF INTERMITTENTSTREAM H/HHFigure 12 Jurisdictional Determination Jurisdictional Determination Information Drawn By: Reviewed By:NRN LSR DATE: 10/8/18 Updated 1/17/19 FIGURE NO. MURRAY PROPERTY Mecklenburg Co., NC DELINEATION MAP – WATERS OF THE U.S. EXISTING CONDITIONS STUDY SUBJECT TO USACE/NCDEQ VERIFICATION PERENNIAL STREAM I -1,218 lf WETLAND E -0.01 ac WETLAND A -0.06 ac PERENNIAL STREAM F -609lf PROJECT BOUNDARY STUDY LIMITS INTERMITTENT STREAM G -425 lf INTERMITTENT STREAM H/HH -719 lf WETLAND C -0.03 ac WETLAND B 0.01 ac 1 2 3 4 5 6 NCDEQ STREAM FORM F NCDEQ STREAM FORM F USACE WETAND FORM D USACE UPLAND FORM DPD WETLAND D -0.24 ac ***USACE VERIFICATION 1/17/19*** 13 Murray Property Mecklenburg Co., NC – 10/8/18 INTERMITTENT STREAM G – PHOTO 1 PERENNIAL STREAM F – PHOTO 2 Murray Property Mecklenburg Co., NC – 10/8/18 WETLAND C – PHOTO 3 WETLAND D – PHOTO 4 Murray Property Mecklenburg Co., NC – 10/8/18 NON-JURISDICTIONAL SWALE – PHOTO 5 NON-JURISDICTIONAL SWALE – PHOTO 6 Threatened & Endangered Species Report Threatened & Endangered Species Report Threatened / Endangered / Protected Species Evaluation For Murray Property Mecklenburg County, North Carolina By: Lisa R. Gaffney November 9, 2018 Murray Property - Threatened / Endangered / Protected Species Evaluation 22 GENERAL LANDSCAPE DESCRIPTION: The Murray Property is located just north of San Gabriel Ave, and just east of Long Creek, in Mecklenburg County, North Carolina. The site can be found on the Mountain Island Lake USGS Topographic Quadrangle Map; latitude is 35.2903 °N, longitude is 80.9827 °W. The topography consists of gently sloped upland grading into moderate slopes and drainages with the elevation ranging from 590 to 670ft. The site is in primary succession and in a highly disturbed state as a result of timber harvesting. (Figure 1). Figure 1: Murray Property - Threatened / Endangered / Protected Species Evaluation 33 METHODOLOGY: The US Fish and Wildlife Service website https://www.fws.gov/raleigh/species/cntylist/mecklenburg.html was referenced to determine the occurrence of Threatened, Endangered and Protected species for Mecklenburg County North Carolina, the results of which are listed below (Table 1). Maps and aerial photographs were assembled, and the site was investigated during the week of November 5, 2018 Table 1: Threatened / Endangered / Protected Species listed for Mecklenburg County County: Mecklenburg, NC *Source: US Fish & Wildlife Service **Data search on November 1, 2018 Group Name Status Record Status Invertebrate Carolina Heelsplitter (Lasmigona decorata) Endangered Current Invertebrate Rusty-patched Bumble Bee (Bombus affinis) Endangered Historic Vascular Plants Smooth Coneflower (Echinacea laevigata) Endangered Current Vascular Plants Schweinitz's Sunflower (Helianthus schweinitzii) Endangered Current Vascular Plants Michaux's Sumac (Rhus michauxii)Endangered Current Vertebrate Northern Long-Eared Bat (Myotis septentrionalis) Threatened Probable/Potential Vertebrate Bald Eagle (Haliaeetus leucocephalus) Protected under the Bald and Golden Eagle Protection Act Current Murray Property - Threatened / Endangered / Protected Species Evaluation 44 Three plant species with federal protection were included in the survey efforts: Schweinitz’s Sunflower (Helianthus schweinitzii), listed as Federally Endangered, is typically found in open habitats which historically have been maintained by wildfires and grazing bison and elk herds. Now most occurrences are limited to roadsides, woodland and field edges, and utility rights-of-way (ROW). Smooth Coneflower (Echinacea laevigata), listed as Federally Endangered, is typically found in open woods, cedar barrens, roadsides, clear cuts, dry limestone bluffs and power line rights-of-way, requiring abundant sunlight and little competition from other plant species. Michaux’s Sumac (Rhus michauxii), listed as Federally Endangered, requires habitat of sandy forests and woodland edges. This species requires periodic fire as a part of its ecology. A total of four animal species with federal protection are listed as potentially occurring in Mecklenburg County: Bald Eagle (Haliaeetus leucocephalus), protected by the Bald and Golden Eagle Protection Act, typically inhabits forested areas near large bodies of open water such as lakes, marshes, seacoasts and rivers, where there are suitable fish populations and tall trees for nesting and roosting. Carolina Heelsplitter (Lasmigona decorata), listed as Federally Endangered, is restricted to cool, clean, well-oxygenated water. Stable, silt- free stream beds are required for this species. Typically stable areas occur where the stream banks are well-vegetated with trees and shrubs. Northern Long-eared Bat (Myotis septentrionalis), listed as Federally Threatened. During summer, northern long-eared bats roost singly or in colonies underneath bark, in cavities, or in crevices of both live and dead trees. Males and non-reproductive females may also roost in cooler places, like caves and mines. It has also been found, rarely, roosting in structures like barns and sheds. Northern long-eared bats spend winter hibernating in caves and mines, called hibernacula. Rusty-patched Bumble Bee (Bombus affinis), listed as Federally Endangered, live in colonies that include a single queen and female workers. Rusty-patched Bumble Bees historically occupied grasslands and tallgrass prairies. Bumble bees need areas that provide nectar and pollen from flowers, nesting sites (underground and abandoned rodent cavities or clumps of grasses), and overwintering sites for hibernating queens (undisturbed soil). Murray Property - Threatened / Endangered / Protected Species Evaluation 55 RESULTS: The site is characterized by disturbed, timbered woodlots; dirt logging roads; scrub/shrub thickets; and stream corridors. There is a Sanitary Sewer Line right of way along the stream on the western section of the site. The disturbed, timbered land is covered in successional scrub/shrub and primary succession species, with stump sprouts, young trees, and saplings of Short-leaf Pine (Pinus echinata), Tulip Poplar (Liriodendron tulipifera), Sweet-gum (Liquidambar styraciflua), Red Cedar (Juniperus virginiana), Winged Elm (Ulmus alata), Black Cherry (Prunus serotina), Redbud (Cercis canadensis), and Persimmon (Diospyros virginiana). The stream corridors have some larger trees remaining of similar species composition and including American Beech (Fagus grandifolia), Red Oak (Quercus rubra), Sycamore (Platanus occidentalis), Black Willow (Salix nigra), and Ironwood (Carpinus caroliniana). Shrub/vine thickets are dominated by Blackberry (Rubus spp.), Winged Sumac (Rhus copallina), Autumn Olive (Elaeagnus sp.), Chinese Privet Ligustrum sinense), Japanese Honeysuckle (Lonicera japonica), Catbrier (Smilax spp.), and Morning Glory (Ipomoea sp.). Additional Herbs and Vines present include Ebony Spleenwort (Asplenium platyneuron), Christmas Fern (Polystichum acrostichoides), Japanese Stiltgrass (Microstegium vimineum), Virginia Creeper (Parthenocissus quinquefolia), Muscadine (Vitis rotundifolia), and Poison Ivy (Toxicodendron radicans). The assemblage of plants growing in the transitional edges of the disturbed dirt roadsides and semi open areas includes Broomsedge (Andropogon virginicus), Johnson Grass (Sorghum halepense), Indian Grass (Sorghastrum nutans), Love Grass (Eragrostis sp.), Gamma Grass (Tripsacum dactyloides), Purple Top (Tridens flavus), Panic Grass (Panicum sp.), Sericea Lespedeza (Lespedeza cuneata), Ragweed (Ambrosia artemisiifolia), Curly Dock (Rumex crispus), Goldenrod (Solidago sp.), Brazilian Verbena (Verbena brasiliensis), Rabbit Tobacco (Gnapthalium obtusifolium), St. John’s Wort (Hypericum sp.), Tickseed (Bidens sp.), and Poke Weed (Phytolacca americana). Threatened & Endangered/Protected Species Results All potential habitats for Schweinitz’s Sunflower, Michaux’s Sumac and Smooth Coneflower along the roadsides and woods edges were examined and none of these species were present. No habitat exists on the site for Bald Eagles, and there were no sightings nor were any nesting sites observed. Murray Property - Threatened / Endangered / Protected Species Evaluation 66 The on-site streams do not have the habitat characteristics required to support populations of the Carolina Heelsplitter. Based on existing documentation, Carolina Heelsplitter populations have not been 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/htmls/project_review/NLEB_in_WNC.html) it appears that the site meets the “exempt” criteria which requires no further action under section 7 of the Endangered Species Act for the Northern Long-eared Bat. Comparing this site location to the USFWS Range Map for Rusty-patched Bumble Bee (https://www.fws.gov/midwest/endangered/insects/rpbb/rpbbmap.html) Mecklenburg County is in its 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, _________________ Lisa R. Gaffney Biologist November 9, 2018 Murray Property - Threatened / Endangered / Protected Species Evaluation 77 Curriculum Vitae for: Lisa R. Gaffney Biologist / Botanist B.S. Biology, University of North Carolina at Charlotte Ms. Gaffney is a classically trained botanist and natural resource biologist, and has conducted field work and investigative studies covering thousands of cumulative acres in both North and South Carolina since 1996, including: Cabarrus County NC Natural Heritage Inventory 1997-1998. Organized, directed, and worked in field survey of natural areas in Cabarrus County for the North Carolina Natural Heritage Program. Lincoln County NC Natural Heritage Inventory 2000-2001. Organized, directed, and worked in field survey of natural areas in Lincoln County for the North Carolina Natural Heritage Program. Threatened and Endangered Species Surveys and Natural Communities Evaluation for over 45,000 acres in North and South Carolina, 1996 - present. Located and identified at least six previously unreported populations of Federally Endangered Schweinitz's Sunflower (Helianthus schweinitzii). Located and identified four previously unreported populations of Threatened Dwarf Heartleaf (Hexastylis naniflora). Located a previously unknown population of Federally Endangered Schweinitz's Sunflower at Redlair Farm in Gaston County, NC. This discovery led (in part) to the purchase of the site by the State of North Carolina Plant Conservation Program, now called Redlair Preserve. This population has become a Recovery Site for the species. Participated in numerous Piedmont Prairie restoration projects in Mecklenburg, Union, Cabarrus and Gaston Counties, North Carolina. Supporting Documents Supporting Documents 6/13/2019 Leonard S. Rindner, PLLC Mail - FW: [EXT] Murray Subdivision https://mail.google.com/mail/u/1?ik=558adcd2fb&view=pt&search=all&permthid=thread-f%3A1636065475656515432&simpl=msg-f%3A16360654756…1/3 Daniel Kuefler <daniel.kuefler@wetlands-epg.com> FW: [EXT] Murray Subdivision 1 message Weston Boles <wboles@wkdickson.com>Tue, Jun 11, 2019 at 1:20 PM To: Daniel Kuefler <daniel.kuefler@wetlands-epg.com> Weston Boles, PE Program Manager WK Dickson & Co., Inc. From: Weaver, Joshua <jfweaver@ci.charlotte.nc.us> Sent: Thursday, May 16, 2019 3:14 PM To: Weston Boles <wboles@wkdickson.com> Cc: Connor Horn <chorn@wkdickson.com> Subject: RE: [EXT] Murray Subdivision Weston, Per Section 20-23(b)(1a) of the City of Charlotte Subdivision ordinance, existing stub streets must be extended into new developments in their proper projections. The Aransas Road stub is an existing street stub, and must be extended in to the proposed Murray Subdivision. Please let me know if you need additional information. Joshua Weaver Program Manager, Subdivision Administrator Charlotte Planning, Design & Development Department City of Charlotte 600 East 4th Street, 8th Floor, Charlotte, NC 28202 D: 704.336.5720 jfweaver@charlottenc.gov