20190957 Ver 1_PCN Form Submission_20190718

DR
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#*
20190957
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 - [phone] Alan Johnson:eads\adjohnsonl
Information for Initial Review
1a. Name of project:
Davis (Mallard) Apartments
1a. Who is the Primary Contact?*
Daniel Kuefler
1 b. Primary Contact Email:*
[e-mail]
Date Submitted
7/18/2019
Nearest Body of Water
Rocky River
Basin
Yadkin-PeeDee
Water Classification
C
Site Coordinates
Latitude:
35.3678
A. Processing Information
County (or Counties) where the project is located:
Mecklenburg
Is this project a public transportation project?*
r Yes r No
Longitude:
-80.7398
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 waters, 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:*
[phone]

1c. Has the NWP or GP number been verified by the Corps?
r' Yes r No
Nationwide Permit (NWP) Number:
NWP Numbers (for multiple NWPS):
1d. Type(s) of approval sought from the DWR:
P 401 Water Quality Certification - Regular
F Non -404 Jurisdictional General Permit
F Individual Permit
29 - Residential Developments
1e. Is this notification solelyfor the record because written approval is not required?
For the record only for DWR 401 Certification:
For the record only for Corps Permit:
F 401 Water Quality Certification - E)press
F 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
19. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
r• Yes r- No
Acceptance Letter Attachment
1h. Is the project located in any of NC's twenty coastal counties?
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?
Q Owner r Applicant (other than owner)
1e. Is there an Agent/Consultant for this project?
C Yes r- No
2. Owner Information
2a. Name(s) on recorded deed:
DD Mallard Creek LLC
2b. Deed book and page no.:
32884-77
2c. Responsible party:
Fred Hazel
2d. Address
Street Address
403 Corporate Center Drive, Ste 201
Address Line 2
City
Stockbridge
Postal / Zip Code
30281
State / Rovinoe / Flejion
GA
Country
USA
2e. Telephone Number: 2f. Fax Number:
[phone]
2g. Email Address:*
[e-mail]
C. Project Information and Prior Project History
1. Project Information
r- Yes r No
r- Yes r No

1b. Subdivision name:
(d appropriate)
1c. Nearest municipality/ town:
Charlotte
2. Project Identification
2a. Property Identification Number:
02919104
2c. Project Address
Street Address
NE of the intersection of Ridge Road and Mallard Creek Road
Address Line 2
City
Charlotte
Postal / Zip Cade
28262
3. Surface Waters
3a. Name of the nearest body of water to proposed project:*
Rocky River
3b. Water Resources Classification of nearest receiving water:*
C
3c. What river basin(s) is your project located in?*
Yadkin-PeeDee
3d. Please provide the 12 -digit HUC in which the project is located.
030401050106
4. Project Description and History
2b. Property size:
20.4
State / Province / Region
NC
Country
USA
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 mixed pine -hardwood forest with some scattered clearings. General land use in the vicinity is a mixture
undeveloped land and residential developments.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?*
r Yes r No r Unknown
4d. Attach an 8 1/2 X11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site. (for DWR)
USGS map _duplicate.pdf
174.11 KB
4e. Attach an 8 1/2 X 11 excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. (for DWR)
Soils Map _duplicate.pdf 315.93KB
4f. List the total estimated acreage of all existing wetlands on the property:
0.048
4g. List the total estimated linear feet of all existing streams on the property:
1883
4h. Explain the purpose of the proposed project:*
The project consists of grading, fill, road crossing, utilities & BMPs, for a residential development.
41. 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.
Exhibts _duplicate.pdf 1.74MB
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
r Yes r No r Unknown
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 NIA
Corps AID Number:
SAW -2019-00495

5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Nic Nelson
Agency/Consultant Company: WEPG
Other:
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
A Preliminary Jurisdictional Determination request was submitted on 3/20/19 (SAW -2019-00495) and was field -verified by David Shaeffer (USAGE) on
5/10/19. Please refer to the JD section for updated delineation materials.
Sd1. Jurisdictional determination upload
delineation map _duplicate.pdf 190.6KB
6. Future Project Plans
6a. Is this a phased project?*
r Yes F 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?
Np.
D. Proposed Impacts Inventory
1. Impacts Summary
1a. Where are the impacts associated with your project? (check all that apply):
F Wetlands R Streams -tributaries r Buffers
r Open Waters r Pond Construction
3. Stream Impacts
❑ 3a. Reason for impact (?) 3b.lmpact type * 3c. Type of impact* 3d. S. name* 3e. Stream Type * 3f. Type of 3g. S. width * 3h. Impact
(?) Jurisdiction* length*
S1
Road Crossing Permanent Culvert Stream Intermittent DWR 6 75 Average (feet) (linear feet)
Construction Access Tem orar S2 Dewaterin Stream
3i. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts:
75
3i. Total stream and ditch impacts:
SS
3j. Comments
3i. Total temporary
E. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
Due to the location of the on site streams and wetlands, opportunities to completely avoid these areas were limited. Impacts to site surface waters
associated with the proposed development were limited through site selection location, design, location/orientation of the proposed lots and access
routes. The crossing location is dictated by CDOT mandates re: continuation and connectivity of the private street per the attached lett
stream impacts:
10
er. The design
minimizes the impact by narrowing the road cross section to have minimum separation between the back of curb and required sidewalk /retaining wall.
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.
Directional boring will be used for the utility crossing required to connect to e>osting infrastructure. The road crossing width has been minimized by the
use of large retaining walls to reduce culvert length and avoid the need for stabilizing
rip rap. Sidewalks have been pulled in and sidewalks and
adjacent planting strips removed to further reduce width. All required utility crossings will be bored.
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 F No
P Y
9
Intermittent
DWR
6
Average (feet)
10
(linearfeet)
3i. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts:
75
3i. Total stream and ditch impacts:
SS
3j. Comments
3i. Total temporary
E. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
Due to the location of the on site streams and wetlands, opportunities to completely avoid these areas were limited. Impacts to site surface waters
associated with the proposed development were limited through site selection location, design, location/orientation of the proposed lots and access
routes. The crossing location is dictated by CDOT mandates re: continuation and connectivity of the private street per the attached lett
stream impacts:
10
er. The design
minimizes the impact by narrowing the road cross section to have minimum separation between the back of curb and required sidewalk /retaining wall.
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.
Directional boring will be used for the utility crossing required to connect to e>osting infrastructure. The road crossing width has been minimized by the
use of large retaining walls to reduce culvert length and avoid the need for stabilizing
rip rap. Sidewalks have been pulled in and sidewalks and
adjacent planting strips removed to further reduce width. All required utility crossings will be bored.
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 F No

2b. If this project DOES NOT require Compensatory Mitigation, explain why:
Permanent impacts are limited to 75 If of intermittent stream.
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?*
r- Yes r No
2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?
r- Yes r 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?
r Yes r No
2d. Which of the following stormwater management program(s) apply:
W Local Government r State
Local Government Stormwater Programs
P Phase II f NSW F USMP r Water Supply
Please identify which 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
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.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
r Yes r No C PYA
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 r 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 any trees in order to conduct the work in waters of the U.S.?
r Yes r No
59. 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
51. 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 264.46KB
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/hpov4eb/
7c. Historic or Prehistoric Information Upload
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA -designated 100 -year floodplain?*
r Yes r No
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 packet including ORM, Cover letter, Forms, Maps, Exhibits, Photos and Supplementary Documentation is attached.
Miscellaneous attachments not previously requested.
David (Mallard) Apartments PCN 07171g.pdf 5.7MB
Signature �nj
*
V By checking the box and signing below, I certify that:
• I have given true, accurate, and complete information on this form;
• I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act');
• I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act');
• I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND
• I intend to electronically sign and submit the PCN form.
Full Name:
Daniel Kue0er
Signature

Date
7/18/2019

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: Davis (Mallard) Apartments
Property Address: Mallard Creek Rd, Charlotte, NC, 28262
Parcel Identification Number (PIN): 02919104
Select one: I am the current property owner
Name: Fred S. Hazel, VP of Davis Development, Inc. Manager of Owner
Company: DD Mallard Creek, LLC, Owner
Mailing Address: 403 Corporate Center Drive, Suite 201, Stockbridge, GA 30281
Telephone Number: 770-474-4345
Electronic Mail Adm:/[e-mail]
Property Owner / InArested Buyer * / Other*
Date
* The Interested &rye flOther acknowledges that an agreement and/or formal contract to purchase and/or conduct
due diligence aclivid& 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:
10612-D Providence Rd.
PMB 550
Charlotte, NC 28277
[phone]
www.wetiands-epg.com
Asheville Office:
1070 Tunnel Rd., Bldg. I
Suite 10, PMB 283
Asheville, NC 28805

FIGURE NO.

3
MALLARD CREEK ROAD
Mecklenburg Co., NC
͑
͑

USGS MAP – WATERS OF THE U.S.
EXISTING CONDITIONS STUDY
SUBJECT TO USACE VERIFICATION

͑
͑
DATE:

6/15/17
Updated 5/5/19
Drawn By:
LSR LRG
Reviewed By:
LOCATION
Lat: 35.3678 ºN
Long: -80.7398 ºW
HUC: 03040105
ROCKY
SCALE
1:24,000
ACRES
20.4
USGS QUAD
Harrisburg, NC
PROJECT BOUNDARY
STUDY LIMITS
Rocky River
Davis (Mallard) Apartments

FIGURE NO.
4

MALLARD CREEK ROAD
Mecklenburg Co., NC
͑
͑

NRCS PUBLISHED SOILS MAP
-WATERS OF THE U.S.-
EXISTING CONDITIONS STUDY
SUBJECT TO NCDEQ VERIFICATION
͑
DATE:

6/15/17
Updated 5/5/19
Drawn By:
LSR LRG
Reviewed By:
PROJECT BOUNDARY
STUDY LIMITS
Davis (Mallard) Apartments
Figure 7
Figure 8
Figure 9Culvert buried 1' belowexisting streambedelevation
Figure 10
FIGURE NO.
7
DATE:

5/24/18
Updated 5/10/19
Drawn By:
LSR NRN
Reviewed By: MALLARD CREEK ROAD
Mecklenburg Co., NC

DELINEATION MAP
-WATERS OF THE U.S.-
EXISTING CONDITIONS STUDY
SUBJECT TO USACE/NCDEQ VERIFICATION
WETLAND B
-0.045 ac
INTERMITTENT
STREAM A
-1,808 lf
APPROXIMATE
PROPERTY BOUNDARY
STUDY LIMITS
(+/- 20.4 acres)
WETLAND D
-0.003 ac
INTERMITTENT
STREAM C
-36 lf
CULVERT
2
3
4
1
6
7
5
***NCDEQ Verification 1/6/16***
Wetland
B Form
Stream
Form A
Upland
DP1 Form
PERENNIAL
STREAM E
-39 lf
***USACE Verification 5/10/19***
11
Davis (Mallard) Apartments
Threatened / Endangered / Protected Species
Evaluation
For:Mallard Creek Road Site
Mecklenburg County, North Carolina
By: Lisa R. Gaffney
May 8, 2019
Davis (Mallard)Apartments Site
Mallard Creek Road Site - Threatened / Endangered / Protected Species Evaluation
222
GENERAL LANDSCAPE DESCRIPTION:
The Mallard Creek Road Site (+/- 20.4 acres) is located just north of Mallard
Creek Road and just southwest of the Cabarrus County line in Mecklenburg
County, North Carolina. It can be found on the Harrisburg NC USGS
Topographic Quadrangle Map; latitude is 35.3678 N, longitude is -80.7398 W.
The topography is gently to moderately sloped. The elevation ranges from 680
to 710 ft. (Figure 1). The site is covered with successional mixed pine and
hardwood forest, with slopes and drainages flowing into an unnamed tributary to
Rocky River.
Figure 1:
Mallard Creek Road Site - Threatened / Endangered / Protected Species Evaluation
3333
METHODOLOGY:
The US Fish and Wildlife Service website
https://www.fws.gov/raleigh/species/cntylist/nc_counties.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 January 21 and May 6, 2019
Table 1: Threatened / Endangered / Protected Species listed for
Mecklenburg County
County: Mecklenburg, NC
*Source: US Fish & Wildlife Service
**Data search on January 21, 2019 ***Updated May 6, 2019
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
Mallard Creek Road Site - Threatened / Endangered / Protected Species Evaluation
444
SPECIES DESCRIPTIONS:
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).
Mallard Creek Road Site - Threatened / Endangered / Protected Species Evaluation
5555
RESULTS:
The site has a single family residence with traditional lawn and landscaping
situated near Mallard Creek Road, and the remainder of the land is covered with
successional mixed pine and hardwood forest, with slopes and drainages flowing
into an unnamed tributary to Rocky River. There is transitional scrub/shrub
habitat on the northeast perimeter of the site and along the utility line corridor,
including on the overhead power line right-of-way.
The forest is dominated by Loblolly Pine (Pinus taeda), along with other canopy
species including Virginia Pine (P. virginiana), Shortleaf Pine (P.echinata),
Sweetgum (Liquidambar styraciflua), Tulip Poplar (Liriodendron tulipifera), White
Oak (Quercus alba), Post Oak (Q. stellata), Red Oak (Q. rubra), Mockernut
Hickory (Carya tomentosa), Hackberry (Celtis laevigata), American Elm (Ulmus
americana), Sycamore (Platanus occidentalis), and White Ash (Fraxinus
americana). The subcanopy is composed of Flowering Dogwood (Cornus
florida), American Holly (Ilex opaca), Mulberry (Morus rubra), Winged Elm
(Ulmus alata), Black Cherry (Prunus serotina), Hawthorn (Crataegus sp.),
Eastern Red Cedar (Juniperus virginiana), Redbud (Cercis canadensis), and
Black Gum (Nyssa sylvatica). The shrub layer includes Black Haw (Viburnum
prunifolium), Strawberry Bush (Euonymus americanus), Sweetshrub
(Calycanthus floridus), Blueberry (Vaccinium spp.), Chinese Privet (Ligustrum
sinense), and Russian Olive (Elaeagnus angustifolia). Vines present are
Japanese Honeysuckle (Lonicera japonica), Virginia Creeper (Parthenocissus
quinquefolia), Muscadine (Vitis rotundifolia), Trumpet Creeper (Campsis
radicans), Catbrier (Smilax sp.), and Poison Ivy (Toxicodendron radicans). The
herb layer includes Christmas Fern (Polystichum acrostichoides), Ebony
Spleenwort (Asplenium platyneuron), Spotted Wintergreen (Chimaphila
maculata), Running Pine (Lycopodium flabelliforme), Downy Rattlesnake
Plantain (Goodyera pubescens), and Japanese Stilt Grass (Microstegium
vimineum).
The assemblage of plants growing in the transitional areas around the property
boundaries, roadside, and utility lines small saplings of Red Cedar and Pine with
shrubs of Groundsel Tree (Baccharis halimnifolia), Smooth Sumac (Rhus glabra),
and Blackberry (Rubus spp.). Herbs include Sericea Lespedeza (Lespedeza
cuneata), Broomsedge (Andropogon virginicus), Johnson Grass (Sorghum
halepense), Splitbeard (A. ternarius), Beggars Ticks (Desmodium sp.),
Thoroughwort (Eupatorium sp.), St. John’s Wort (Hypericum punctatum), and
Henbit (Lamium amplexicaule).
Mallard Creek Road Site - Threatened / Endangered / Protected Species Evaluation
6666
Threatened & Endangered/Protected Species Results
All potential habitats for Schweinitz’s Sunflower, Michaux’s Sumac and
Smooth Coneflower along the roadsides, 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 is no habitat on site for 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 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,
_________________
Lisa R. Gaffney
Biologist
May 8, 2019
Mallard Creek Road Site - Threatened / Endangered / Protected Species Evaluation
7777
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.