20190957 Ver 1_USACE PCN Copy_20190718

Preliminary ORM Data Entry Fields for New Actions
SAW – 201 BEGIN DATE [Received Date]:
Prepare file folder Assign Action ID Number in ORM
1.Project Name [PCN 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 #
Regional General Permit #
Jurisdictional Determination Request
Pre-Application Request
Unauthorized
Compliance

Revised 20150602
9 495
Davis (Mallard) Apartments
✔
PCN for a residential development
DD Mallard Creek, LLC
Leonard S. Rindner, PLLC / WEPG
35.3678N/-80.7398 W - Mallard Creek Rd, Charlotte, NC
02919104
Mecklenburg
Charlotte
Rocky River
03040105
✔
✔29

1
July 17, 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-2019-00495; Pre-Construction Notification for NWP #29 for the Davis
(Mallard) Apartments site, Charlotte, Mecklenburg County, NC.
Ms. Higgins and Messrs. Shaeffer, Johnson, and Hamstead,
Enclosed is a request for Nationwide Permit # 29 for the approximate 20.4 -acre site known as
the Davis (Mallard) Apartments site located northeast of the intersection of Ridge Road and
Mallard Creek Road in Charlotte, NC. The site is a proposed residential development and
consists of three streams and two wetlands. A preliminary jurisdictional determination was
submitted on March 20, 2019 (SAW-2019-00495) and was field-verified by David Shaeffer on
May 10, 2019. Please refer to the Jurisdictional Determination section for updated information
on onsite surface waters.
As shown on the attached exhibits, the proposed project will include impacts to one steam
(Stream A) for a road crossing to serve the proposed residential development. The location of the
road crossing is mandated by CDOT design standards and requirements for continuation and
connectivity of Aspire Street to existing roads. Please refer to the attached letter from CDOT for
corroborating details. Overall impacts to site surface waters associated with the proposed
development were limited through site selection location, design, location/orientation of the

2
proposed lots and access routes. The total permanent impacts proposed are limited to 75 linear
feet of intermittent stream (Stream A). No permanent impacts to any of the onsite wetlands are
proposed.
Efforts of impact minimization were implemented during the design to preserve the existing
channel hydrology and limit adverse effects to existing, onsite natural habitat.The overall design
of the road crossing minimizes the impact by narrowing the road cross section to have minimum
separation between the back of curb and required sidewalk and retaining wall. Large retaining
walls are proposed in order to reduce culvert length and avoid the need for stabilizing rip rap.
The sidewalks have been pulled in to the maximum practicable extent and adjacent planting
strips removed to further reduce width. All of the required utility crossings will use directional
boring to avoid any additional impacts. The applicant has demonstrated substantial avoidance
and minimization efforts in which 96% of the 1,883 linear feet of stream channel and 100 % of
the 0.048 acres of wetlands onsite will be avoided on the project.
Due to the limited impacts associated with this project, no compensatory mitigation is proposed.
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, [phone] or email at [e-mail].
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:
Davis (Mallard) Apartments
Mecklenburg
Charlotte
DD Mallard Creek LLC
32884-77
Fred Hazel
403 Corporate Center Drive, Ste.201
Stockbridge, GA 30281
770-474-4345
[e-mail]
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:
Daniel Kuefler
Leonard S. Rindner, PLLC - Wetlands & Environmental Planning Group
10612-D Providence Road, PMB 550
Charlotte, NC 28227
336-554-2728
[e-mail]
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.
02919104
-80.7398
20.4
Rocky River
C
03040105
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.
0.048
The project consists of grading, fill, road crossing, utilities & BMPs, 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 3/20/19 (SAW-2019-00495) and was field-verified by David Shaeffer (USACE) on
5/10/19. Please refer to the JD section for updated delineation materials.
35.3678
1,883
PJD Request submitted 3/20/19 (SAW-2019-00495)
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:
Choose one
Choose one Yes/No -
Yes/No -
Yes/No -
Yes/No -
Yes/No -
Yes/No -
Temporary impacts to wetlands are needed for a waterline installation to service the residential development. No permanent impacts are proposed.
Culvert Stream A INT DWQ 6 75
Stream A 6 10
85
-
-
-
-
-
-
Choose one
Choose one
Choose one
Choose one
Choose one
Choose one
Choose one
Choose one
Choose one
Choose one
P
T
-
-
-
-
Construction Access
Choose one
Choose one
Choose one
Choose one
INT
-
-
-
-
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.
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 letter. 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.
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 existing 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.
Choose one
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
39.2
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.
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/
http://polaris3g.mecklenburgcountync.gov ; www.fema.gov
-
Daniel Kuefler 07-17-2019
Daniel
Kuefler
Digitally signed by Daniel Kuefler
DN: cn=Daniel Kuefler, o=WEPG,
ou,
email=daniel.kuefler@wetlands-
epg.com, c=US
Date: 2019.07.17 15:57:25 -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: 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 Adams:[e-mail]
Property Owner / InArested Buyer * / Other*
bate
* The Interested Buye f/Dlher acknowledges that an agreement and/or 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.wetiands-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
[phone]

Maps/Plans Maps/Plans

FIGURE NO.
1
MALLARD CREEK ROAD
Mecklenburg Co., NC
͑
͑

VICINITY 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:
PROJECT BOUNDARY
STUDY LIMITS
SITE
Davis (Mallard) Apartments
FIGURE NO.
2
DATE:

6/14/17
Updated 5/519
Drawn By:
LSR NRN
Reviewed By: MALLARD CREEK ROAD
Mecklenburg Co., NC

AERIAL MAP
-WATERS OF THE U.S.-
EXISTING CONDITIONS STUDY
͑
͑
Project Boundary
Study Limits
Davis (Mallard) Apartments
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 NO.
5

MALLARD CREEK ROAD
Mecklenburg Co., NC
͑
͑

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

5/5/19
Drawn By:
LSR DCK
Reviewed By:
PROJECT BOUNDARY
STUDY LIMITS
Davis (Mallard) Apartments

FIGURE NO.
6

DATE:

5/5/19
Drawn By:
LSR DCK
Reviewed By: MALLARD CREEK ROAD
Mecklenburg Co., NC

TAX PARCEL MAP
-WATERS OF THE U.S.-
EXISTING CONDITIONS STUDY
͑
͑
Project Boundary
Study Limits
Parcel: 02919104 & Utility Easement
DD Mallard Creek LLC
403 Corporate Center Drive, Ste. 201
Stockbridge GA 30281
Davis (Mallard) Apartments
Figure 7
Figure 8
Figure 9Culvert buried 1' belowexisting streambedelevation
Figure 10
Jurisdictional Determination Jurisdictional
Determination Information
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
Mallard Creek Road
Mecklenburg Co., NC – 6/15/17
NON-JURIDICTIONAL SWALE – PHOTO 1 INTERMITTENT STREAM A – PHOTO 2
Mallard Creek Road
Mecklenburg Co., NC – 6/15/17
INTERMITTENT STREAM A – Looking Upslope at
Beginning of Stream – PHOTO 3
INTERMITTENT STREAM A – Looking Downslope
from Beginning of Stream – PHOTO 4
Mallard Creek Road
Mecklenburg Co., NC – 6/15/17
WETLAND B – PHOTO 5
Mallard Creek Road
Mecklenburg Co., NC – 10/18/17
INTERMITTENT STREAM – Identified by Others –
PHOTO 6
WETLAND D –PHOTO 7
Threatened & Endangered Species Report Threatened & Endangered Species
Report
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.
Supporting Documents Supporting
Documents
____________________________________________________________________________________
_
Department of Transportation 600 East Fourth Street Charlotte, NC 28202-2858 704/336-4119
Date: July 12, 2019
To: David Leigh Shaeffer, U.S. Army Corps of Engineers, Project Manager/Geographer
From: Lakisha Hull, CDOT Development Services Division Manager
Subject: Davis Mallard Creek Apartments
This letter is in regard to the Charlotte Department of Transportation’s (CDOT’s) review of a new street
(i.e. Aspire Street) for the Davis Mallard Creek Apartments. The subject site is located on Mallard Creek
Road, near Odell School Road. City Council approved the site plan for the subject site (Rezoning Petition
#: 2017-179), on May 21, 2018. The City Council approved site plan displays the same location of Aspire
Street as being currently reviewed by City staff, which also shows a culvert crossing the existing stream.
In addition to the approved site plan by City Council, this project is required to comply with the City of
Charlotte Subdivision Ordinance. The location of Aspire Street is required to meet street connectivity and
design standards to the adjoining development site, per Sec. 20-23.b.1. Additionally, the new street is
required to comply with the design criteria for a minor collector, per the City’s Urban Street Design
Guidelines (USDG). Therefore, CDOT has determined that the design and location of Aspire Street
complies with adopted city standards, ordinances and the site plan for the subject site.
Thank you,
Lakisha Hull
Cc: Scott Kiger, Design Resource Group, Principal
Felix Obregon, CDOT Land Development Section Manager