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HomeMy WebLinkAbout20190985 Ver 1_PCN Form Submission_20190722DR 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#* 20190985 1 Is a payment required for this project?* * No payment required What amout is owed?* * Fee received r $240.00 r Fee needed - send electronic notification r $570.00 Reviewing Office* Select Project Reviewer* Mooresville Regional Office - (704) 663-1699 Alan Johnson:eads\adjohnsonl Information for Initial Review 1a. Name of project: Northbrook 1a. Who is the Primary Contact?* Daniel Kuefler 1 b. Primary Contact Email:* daniel.kuefier@vvetlands-epg.com Date Submitted 7/22/2019 Nearest Body of Water Rocky River Basin Yadkin-PeeDee Water Classification C Site Coordinates Latitude: 35.4445 A. Processing Information County (or Counties) where the project is located: Mecklenburg Is this project a public transportation project?* r Yes r No Longitude: -80.8311 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:* (336)554-2728 1c. Has the NWP or GP number been verified by the Corps? r' Yes r No Nationwide Permit (NWP) Number: NWP Numbers (for multiple NWPS): 1d. Type(s) of approval sought from the DWR: 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? Owner W Applicant (other than owner) le. Is there an Agent/Consultant for this project? C Yes r- No 2. Owner Information 2a. Name(s) on recorded deed: Louis G Family Investments LLC 2b. Deed book and page no.: 08939-409,04098-231 2c. Responsible party: James Howard Jr. 2d. Address Street Address 5596 Riverview Road Address Line 2 City Mableton Postal / Zip Code 30126 2e. Telephone Number: (404)848-9122 2g. Email Address:* daniel.kuefier@wetiands-epg.com 3. Applicant Information (if different from owner) 3a. Name: Jon Hardy State / Rovinoe / Flejion GA Country usa 2f. Fax Number: r- Yes r No r- Yes r No 3b. Business Name: Lennar 3c. Address Street Address 6701 Carmel Road Ste 425 Address Lim 2 cfty Charlotte Postal / Zip Code 28226 3d. Telephone Number: (704)848-9122 3f. Email Address:* daniel.kuefler@wetiands-epg.com C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (ff appropriate) 1c. Nearest municipality/ town: Huntersville 2. Project Identification State / Ftmince / fbgion NC Country USA 3e. Fax Number: 2a. Property Identification Number: 2b. Property size: 01122107, 01122101 103.48 2c. Project Address Street Address SE of intersection of Sam Furr Rd & Old Statesville Road Address Lim 2 cty State/ Ftmince / Ibg& Huntersville NC Postal / Zip (ode Cour" USA 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. 030401050101 4. Project Description and History 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)pansive open fields and pastures, and successional mods on slopes and stream corridors. The topography is gently to moderately sloped with the elevation ranging from 730 to 800ft. 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 178.14KB 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 877.6KB 4f. List the total estimated acreage of all existing wetlands on the property: 0.05 4g. List the total estimated linear feet of all existing streams on the property: 4150 4h. Explain the purpose of the proposed project:* The project consists of grading, fill, a road crossing, sewer line install and BMP construction for a residential development. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* Excavation and grading of the site will use standard equipment - excavator, dump trucks, track hoe, etc. 4j. Please upload project drawings for the proposed project. Plans _duplicate.pdf 1.68MB S. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* f Yes IT No r Unknown Comments: A PJD request is included as part of this application. 5b. If the Corps made a jurisdictional determination, what type of determination was made? IT Preliminary r Approved r Not Verified r Unknown r N/A Corps AID Number: 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 5dl. Jurisdictional determination upload Delineation Map _duplicate.pdf 6. Future Project Plans 5.36MB 6a. Is this a phased project?* r Yes r No Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity? No 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 F Open Waters r Pond Construction 3. Stream Impacts 31. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 3i. Total temporary stream impacts: 133 26 3i. Total stream and ditch impacts: 159 3j. Comments 3a. Reason for impact (?) 3b.lmpact type * 3c. Type of impact* 3d. S. name * 3e. Stream Type * 3f. Type of width * 3h. Impact ❑ M Jurisdiction* length* S1 Road Crossing 9 Permanent Culvert Stream E Perennial Cors P 6 65 Average (feet) (linearfeet) S2 Stabilization Permanent Bank Stabilization Stream E Perennial CorPs 6 68 Average (feet) (lir�earfeet) S3 Sewer Installation Temporary Dewatering Stream A Perennial Corps 6 26 Average (feet) (linearfeet) 31. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 3i. Total temporary stream impacts: 133 26 3i. Total stream and ditch impacts: 159 3j. Comments Of the impacts to Stream E - 68 linear feet will be due stabilizing rip rap installed at existing stream bed elevations and will not contribute to a loss- ofwaters of the U.S. 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. Permanent impacts have been limited to the single required road crossing which has been narrowed to the maximum to the extent practicable by the use of large retaining walls, 2:1 slopes where possible, and minimal sidewalk berths. 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. The road crossing width has been minimized by the use of large retaining walls to reduce culvert length. Sidewalks have been pulled into further reduce width. Rip rap aprons on either side of the culvert are a requirement of the Town of Huntersville - rip rap will be installed at existing bed elevations as to not contribute to any additional loss -to -waters of the U.S. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? r Yes r No 2b. If this project DOES NOT require Compensatory Mitigation, explain why: F. Stormwater Management and Diffuse Flow Plan (required by DWR) 1. Diffuse Flow Plan 1a. Does the project include oris 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: P Local Government r State Local Government Stormwater Programs V Phase II r NSW r USMP r Water Supply Please identify which local government stormwater program you are using. Town of Huntersville Comments: Storm water on the site will be handled by facilities shown on the attached plans. The stornmeter plan has been submitted to the Town of Huntersville for review and has been designed to meet their criteria. The % impervious calculations do not include future commercial areas. 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 (15ANCAC 28.0200)?* 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 r- N/A 4b. Describe, in detail, the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated at a treatment plant, list the capacity available at that plant. Wastewater generated on the site will be transported to the nearest treatment facility via sewer lines. 5. Endangered Species and Designated Critical Habitat (Corps Requirement) Sa. 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 anytrees in order to conduct the work in waters of the U.S.? r Yes r No 5g. Does this project involve bridge maintenance or removal? r Yes r No 5h. Does this project involve the construction/installation of a wind turbine(s)?* r Yes f. No 5i. 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 244.95KB 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?* r Yes r No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?* No essential fish habitat in this region. 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?* r Yes r No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* SHPO's website: http://gis.ncdcr.gov/hpoweb/ 7c. Historic or Prehistoric Information Upload 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA -designated 100 -year floodplain?* f Yes r No 8c. What source(s) did you use to make the floodplain determination?* http://polaris3g.mecklenburgcountync.gov ; www.fema.gov I Miscellaneous Comments A complete,compiled PCN and JD request package is attached, including ORM, cover letter, authorizations, forms & photos. Miscellaneous attachments not previously requested. Northbrook PJD & PCN 072219 Compiled.pdf 5.37MB Signature m 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 Kuefler Signature Date 7/22/2019 VEEG... -. Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. Agent Authorization Letter 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: Northbrook site Property Address: South of Intersection of Sam Fztrr Rd & Jamesburg Dr., Huntersville, NC Parcel Identification Number (PIN): 01122107, 01122101 Select one: I am other Name: —J—, M H ARZ) Y Company: LeA„A,Ae. 649-01,0"A s , LLC., Mailing Address: G 7o f G 4rJ*m tL Ro ,ap , So iTF y2S C.wAeco rFSr , lie 202.2(o Telephone Number: (704} wry 2 -8300 Electronic Mail Address: 301,1 . N A dr o Y tS� Le4u^mz , c e v,, Property Dinner /Interested Buyet * /Other -7,1-L Date * The Interested Buyet/Other acknowledges that an agreement and/or formal contract to purchase and/or conduct due diligence activities exists between the current property olvner and the signatory of this authorization in cases where the property is not owned by the signatoty. Charlotte Office: www.wetlands-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 Ien.rindner@wetlands-epg.com 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 Northbrook ✔ PJD & PCN for a residential development Lennar (Applicant) Leonard S. Rindner, PLLC / WEPG 35.4445, -80.8311; Sam Furr Road, Huntersville, NC 01122107, 01122101 Mecklenburg Huntersville Rocky River 03040105 ✔ ✔29 ✔ 1 July 22, 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: Jurisdictional Determination Request and Pre-Construction Notification for NWP #29 for the Northbrook site, Huntersville, Mecklenburg County, NC. Ms. Higgins and Messrs. Shaeffer, Johnson, and Hamstead, Enclosed is a Jurisdictional Determination and Pre-Construction Notification for Nationwide Permit # 29 for the approximate 103.48 -acre site known as the Northbrook site located southeast of the intersection of Sam Furr Road and Old Statesville Road in Huntersville, NC. The site is a proposed residential development and consists of six streams, one wetland, and one open water pond. Please refer to the Jurisdictional Determination Request for information on onsite surface waters. 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. Permanent impacts have been limited to the single required road crossing (Stream E) which has been narrowed to the maximum to the extent practicable by the use of large retaining walls, 2:1 slopes where possible, and minimal sidewalk berths. The total proposed permanent impacts contributing to a loss-of waters of the U.S. are limited to 65 linear feet of perennial stream (Stream E). Additional proposed impacts include 68 linear feet of impact for stabilizing 2 rip rap placed at existing streambed elevations and 26 linear feet of temporary impact for a sanitary sewer installation. 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 road crossing width has been minimized by the use of large retaining walls to reduce culvert length. Rip rap aprons on both sides of the culvert are a requirement of the Town of Huntersville. The applicant has demonstrated substantial avoidance and minimization efforts in which 96% of the 4,150 linear feet of stream channel and 100 % of the 0.05 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, (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: Northbrook Mecklenburg Huntersville Louis G Howard Family Investments LLC / Huntersville Hardwoods Inc. 08939-409, 04098-231 James W. Howard Jr. 5596 Riverview Road Mableton, GA, 30126 404-848-9122 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: Jon Hardy Lennar Carolinas, LLC 6701 Carmel Road, Ste 425 Charlotte, NC, 28226 704-542-8300 Jon.Hardy@Lennar.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. 01122107, 01122101 -80.8311 103.48 Rocky River C 03040105 The site is primarily covered with expansive open fields and pastures, and successional woods on slopes and stream corridors. The topography is gently to moderately sloped with the elevation ranging from 730 to 800ft. General land use in the vicinity is a mixture undeveloped land and residential developments. 0.05 The project consists of grading, fill, a road crossing, sewer line install and BMP construction for a residential development. Excavation and grading of the site will use standard equipment - excavator, dump trucks, track hoe, etc. WEPG A PJD request is included as part of this application - please refer to the Jurisdictional Determination Section for details. 35.4445 4,150 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 - Culvert Stream E PER DWQ 6 65 Stream E 6 68 Stream A 6 26 159 Of the impacts to StreamE-68linear feet will be due stabilizing rip rap installed at existing stream bed elevations and will not contribute to a loss-of- waters of the U.S. - - - - - - Choose one Choose one Choose one Choose one Choose one Choose one Choose one Choose one Choose one Choose one P P T - - - Stabilization Excavation Choose one Choose one Choose one PER PER - - - 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. 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. Permanent impacts have been limited to the single required road crossing which has been narrowed to the maximum to the extent practicable by the use of large retaining walls, 2:1 slopes where possible, and minimal sidewalk berths. Construction techniques will implement approved erosion control methods to avoid/minimize impacts to onsite/adjacent offsite receiving conveyances. The road crossing width has been minimized by the use of large retaining walls to reduce culvert length. Sidewalks have been pulled into further reduce width. Rip rap aprons on either side of the culvert are a requirement of the Town of Huntersville - rip rap will be installed at existing bed elevations as to not contribute to any additional loss-to-waters of the U.S. 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 19.6 Storm water on the site will be handled by facilities shown on the attached plans. The stormwater plan has been submitted to the Town of Huntersville for review and has been designed to meet their criteria. Town of Huntersville Town of Huntersville 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 07-19-2019 Daniel Kuefler Digitally signed by Daniel Kuefler DN: cn=Daniel Kuefler, o=WEPG, ou, email=daniel.kuefler@wetlands- epg.com, c=US Date: 2019.07.19 12:14:18 -04'00' VEEG... -. Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. Agent Authorization Letter 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: Northbrook site Property Address: South of Intersection of Sam Fztrr Rd & Jamesburg Dr., Huntersville, NC Parcel Identification Number (PIN): 01122107, 01122101 Select one: I am other Name: —J—, M H ARZ) Y Company: LeA„A,Ae. 649-01,0"A s , LLC., Mailing Address: G 7o f G 4rJ*m tL Ro ,ap , So iTF y2S C.wAeco rFSr , lie 202.2(o Telephone Number: (704} wry 2 -8300 Electronic Mail Address: 301,1 . N A dr o Y tS� Le4u^mz , c e v,, Property Dinner /Interested Buyet * /Other -7,1-L Date * The Interested Buyet/Other acknowledges that an agreement and/or formal contract to purchase and/or conduct due diligence activities exists between the current property olvner and the signatory of this authorization in cases where the property is not owned by the signatoty. Charlotte Office: www.wetlands-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 Ien.rindner@wetlands-epg.com Maps/Plans Maps/Plans FIGURE NO. 1 NORTHBROOK Mecklenburg Co., NC ͑ ͑ VICINITY MAP – WATERS OF THE U.S. EXISTING CONDITIONS STUDY SUBJECT TO USACE VERIFICATION ͑ ͑ DATE: 07/17/19 Drawn By: LSR BLK Reviewed By: SITE PROJECT BOUNDARY STUDY LIMITS FIGURE NO. 2 HUNTERSVILLE - HARDWOODS Mecklenburg Co., NC ͑ ͑ AERIAL MAP – WATERS OF THE U.S. EXISTING CONDITIONS STUDY SUBJECT TO USACE VERIFICATION ͑ ͑ DATE: 1/16/17 Drawn By: LSR HAC Reviewed By: PROJECT BOUNDARY STUDY LIMITS NORTHBROOK FIGURE NO. 3 Northbrook Mecklenburg Co., NC ͑ ͑ USGS MAP – WATERS OF THE U.S. EXISTING CONDITIONS STUDY SUBJECT TO USACE VERIFICATION ͑ ͑ DATE: 07/17/19 Drawn By: LSR BLK Reviewed By: LOCATION Lat: 35.4445 ºN Long: -80.831 ºW HUC: 03040105 ROCKY RAMAH CREEK SCALE 1:24,000 ACRES 103.4 USGS QUAD Cornelius, NC Drawn By:ReviewedBy:BLK LSRDATE: 07/17/19 FIGURE NO. 4aNORTHBROOK Mecklenburg Co., NC ͑͑SOIL MANUSCRIPT MAP - WATERS OF THE U.S. EXISTING CONDITIONS STUDY SUBJECT TO USACE VERIFICATION ͑͑PROJECT BOUNDARY STUDY LIMITS FIGURE NO. 4b NORTHBROOK Mecklenburg Co., NC ͑ ͑ SOILS MAP LEGEND – WATERS OF THE U.S. EXISTING CONDITIONS STUDY SUBJECT TO USACE VERIFICATION ͑ ͑ DATE: 7/16/19 Drawn By: LSR BLK Reviewed By: FIGURE NO. 5 NORTHBROOK Mecklenburg Co., NC ͑ ͑ PARCEL MAP – WATERS OF THE U.S. EXISTING CONDITIONS STUDY SUBJECT TO USACE VERIFICATION ͑ ͑ DATE: 07/17/19 Drawn By: LSR BLK Reviewed By: Parcel # 01122107 5596 Riverview Road SE Mableton, GA 30126 Parcel # 01122101 PO Box 666 Huntersville, NC 28078 NORTHBROOKCHECKED BY:DRAWN BY:PROJECT NUMBER:ORIGINAL DATE:MRRBJEN48.40007/08/2019• • • •• ••• • •• •• ••••• • •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• •••••••••••••••••••••••• • •••• •••••• • •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••SHEET:1 OF 7USGS MAPFOR USACOE PERMITTING ONLYSCALE: 1" = 2000'Figure 6 NORTHBROOKCHECKED BY:DRAWN BY:PROJECT NUMBER:ORIGINAL DATE:MRRBJEN48.400• • • •• ••• • •• •• ••••• • •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• •••••••••••••••••••••••• • •••• •••••• • •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••SHEET:2 OF 7EXISTING SITE CONDITIONSFOR USACOE PERMITTING ONLY1 inch = ft.( IN FEET )GRAPHIC SCALE0500' 250' 500' 1000 2000'50007/08/2019Figure 7 1,187,659 S.F.123459101112136781415161718192021222324252627282930313233343536373839404142434445464748495051525354555657585960616211311411511211111011611711810910810710663646566676869701051191201041031211227172731021011009998977475767778967980959481939282918384908988858687IMPERVIOUS AREA DATA - NORTHBROOKTOTAL PROPERTY AREA: 103.48 ACFUTURE COMMERCIAL AREA 19.84 ACREMAINING SITE AREA 83.64 ACINFRASTRUCTURE IMPERVIOUS AREAA. STREET PAVEMENT 257,440 SF (5.91 AC)B. SIDEWALKS & RAMPS 95,832 SF (2.20 AC)ESTIMATED LOT IMPERVIOUS AREAC. HOUSE PADS 428,630 SF (9.84 AC)D. DRIVEWAY & WALKWAYS 65,776 SF (1.51 AC)TOTAL ESTIMATED IMPERVIOUS AREAA. STREET PAVEMENT 5.91 ACB. SIDEWALKS & RAMPS 2.20 ACC. HOUSE PADS (EST.) 9.84 ACD. DRIVEWAYS & WALKWAYS 1.51 ACE. FUTURE IMPERVIOUS AREA (300 S.F./LOT)0.84 ACF. TOTAL ESTIMATED IMPERVIOUS AREA 20.30 AC (19.62%)NORTHBROOKCHECKED BY:DRAWN BY:PROJECT NUMBER:ORIGINAL DATE:MRRBJEN48.400• • • •• ••• • •• •• ••••• • •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• •••••••••••••••••••••••• • •••• •••••• • •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••SHEET:3 OF 7OVERALL SITE LAYOUT1 inch = ft.( IN FEET )GRAPHIC SCALE0400' 200' 400' 800' 1600'400PROP. BMP#2PROP. BMP #3PROP. BMP #1PROP. 72" CMPCULVERTFOR USACOE PERMITTING ONLYPROP. 65 LFSTREAM IMPACT'A' ZONE (SEESHEET 4 OF 7)TEMP. 26 LFSTREAMIMPACT 'B'ZONE (SEESHEET 6 OF7)COMMONOPEN SPACE #41.80 ACFUTURECOMMERCIALAREA (BYOTHERS)FUTURECOMMERCIALAREA (BYOTHERS)FUTURECOMMERCIALAREA (BYOTHERS)FUTURECOMMERCIALAREA (BYOTHERS)PROP. SAN.SWR.TRUNKLINEPROP. BMP #1OUTFALL ANDRIP RAP APRONPROP. BMP #2OUTFALL ANDRIP RAP APRONPROP. BMP #3OUTFALL ANDRIP RAP APRONFUTURE SEWERACCESSEASEMENT (BYOTHERS)FUTURE SEWERACCESSEASEMENT (BYOTHERS)PROP. TIE-IN TO EXIST.SAN. SWR. SYSTEM07/08/2019Figure 8 60'2236CHECKED BY:DRAWN BY:PROJECT NUMBER:ORIGINAL DATE:MRRBJEN48.400• • • •• ••• • •• •• ••••• • •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• •••••••••••••••••••••••• • •••• •••••• • •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••SHEET:STREAM IMPACT "A"1 inch = ft.( IN FEET )GRAPHIC SCALE060' 30' 60' 120' 240'60PLAN VIEWNORTH ORIENTED TONC GRID (NAD 83/2011)NORTHBROOK4 OF 7PROP. 65 LF 72" CMPCULVERTINV. IN = 744.25INV. OUT=743.23(INVERT TO BEBURIED 12")PROP. RETAINING WALL(TO BE DESIGNED BYOTHERS)PROP. RETAINING WALL(TO BE DESIGNED BYOTHERS)PROP. 34 LF PERMANENTSTREAM IMPACT FOR RIPRAP APRON INSTALLEDAT PRE-CONSTRUCTIONSTREAMBED ELEVATIONPROP. 65 LF STREAMIMPACT 'A' ZONEFOR USACOE PERMITTING ONLYPROP. 34 LF PERMANENT STREAMIMPACT FOR RIP RAP APRONINSTALLED AT PRE-CONSTRUCTIONSTREAMBED ELEVATIONPROP. VARIABLEWIDTH R/W07/08/2019Figure 9 7407507607700+001+001+33744.2744.0768.03743.3743.9133'CHECKED BY:DRAWN BY:PROJECT NUMBER:ORIGINAL DATE:MRRBJEN48.400• • • •• ••• • •• •• ••••• • •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• •••••••••••••••••••••••• • •••• •••••• • •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••SHEET:STREAM IMPACT "A"1 inch = ft.( IN FEET )GRAPHIC SCALE050' 25' 50' 100' 200'501 INCH = FT.( IN FEET )VERTICAL GRAPHIC SCALE05' 2.5' 5' 10' 20'5CROSS SECTIONNORTHBROOK5 OF 7FOR USACOE PERMITTING ONLYPROP. 65 LF 72"CMP CULVERTINV. IN = 744.25INV. OUT=743.23(INVERT TO BEBURIED 12")PROP. 34 LF PERMANENTSTREAM IMPACT FOR RIPRAP APRON INSTALLED ATPRE-CONSTRUCTIONSTREAMBED ELEVATIONPROP. GRADE (TYP.)PROP. 34 LF PERMANENT STREAMIMPACT FOR RIP RAP APRONINSTALLED AT PRE-CONSTRUCTIONSTREAMBED ELEVATIONPROP. RETAINING WALL(TO BE DESIGNED BYOTHERS)PROP. RETAINING WALL(TO BE DESIGNED BYOTHERS)PROP. MAPLEBRANCH BLVD.ROAD CENTERLINEPROP. 57' R/WPROP. 57' R/W07/08/2019Figure 10 CHECKED BY:DRAWN BY:PROJECT NUMBER:ORIGINAL DATE:MRRBJEN48.400• • • •• ••• • •• •• ••••• • •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• •••••••••••••••••••••••• • •••• •••••• • •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••SHEET:TEMP. STREAM IMPACT "B"1 inch = ft.( IN FEET )GRAPHIC SCALE060' 30' 60' 120' 240'60PLAN VIEWNORTHBROOK6 OF 7TEMP. 26 LF STREAMIMPACT 'B' ZONEFOR OPEN-CUTSEWER INSTALLATIONAND CONSTRUCTIONACCESSFOR USACOE PERMITTING ONLYFUTURERESERVED R/WFUTURE ROAD(TO BE EXTENDED BYOTHERS)COMMONOPEN SPACE1.80 ACPROP. SAN. SWR.TRUNK LINEPROP.MH (TYP.)PROP. SAN.SWR.TRUNKLINEPROP. TIE-IN TO EXIST.SAN. SWR. SYSTEMPROP.MH (TYP.)PROP.MH (TYP.)PROP.MH (TYP.)07/08/2019Figure 11Please Refer to Stream Bank Restoration /Stabilization Detail (Figure 13) 6957007107203+514+004+77707.24.4'VERT.DIST.126'26' 8" D.I. SAN. SWR.151.59 LF @ 0.60%712.8713.5CHECKED BY:DRAWN BY:PROJECT NUMBER:ORIGINAL DATE:MRRBJEN48.400• • • •• ••• • •• •• ••••• • •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• •••••••••••••••••••••••• • •••• •••••• • •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••SHEET:TEMP STREAM IMPACT "B"1 inch = ft.( IN FEET )GRAPHIC SCALE050' 25' 50' 100' 200'501 INCH = FT.( IN FEET )VERTICAL GRAPHIC SCALE404' 2' 4' 8 16'CROSS SECTIONNORTHBROOK7 OF 7FOR USACOE PERMITTING ONLYTRUNKLINE(EXIST. MHTO MH#5)07/08/2019Figure 12 FIGURE NO. TWIN LAKES FARM Union Co., NC STREAM BANK STABILIZATION DETAIL TYPICAL DETAIL – N.T.S. DATE: 10/01/18 Drawn By: LSR DCK Reviewed By: 13 NORTHBROOK Mecklenburg Co., NC Jurisdictional Determination Jurisdictional Determination Information Jurisdictional Determination Request Version: May 2017 Page 1 This form is intended for use by anyone requesting a jurisdictional determination (JD) from the U.S. Army Corps of Engineers, Wilmington District (Corps). Please include all supporting information, as described within each category, with your request. You may submit your request via mail, electronic mail, or facsimile. Requests should be sent to the appropriate project manager of the county in which the property is located. A current list of project managers by assigned counties can be found on-line at: http://www.saw.usace.army.mil/Missions/RegulatoryPermitProgram/Contact/CountyLocator.aspx, by calling 910-251-4633, or by contacting any of the field offices listed below. Once your request is received you will be contacted by a Corps project manager. ASHEVILLE & CHARLOTTE REGULATORY FIELDOFFICES US ArmyCorps of Engineers 151 Patton Avenue,Room 208 Asheville, North Carolina28801-5006 GeneralNumber: (828) 271-7980 Fax Number: (828) 281-8120 RALEIGHREGULATORYFIELDOFFICE US ArmyCorps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina27587 GeneralNumber: (919) 554-4884 Fax Number: (919) 562-0421 WASHINGTONREGULATORYFIELDOFFICE US ArmyCorps of Engineers 2407 West Fifth Street Washington, North Carolina27889 GeneralNumber: (910) 251-4610 Fax Number: (252) 975-1399 WILMINGTONREGULATORYFIELDOFFICE US ArmyCorps of Engineers 69 Darlington Avenue Wilmington, North Carolina 28403 GeneralNumber:910-251-4633 Fax Number: (910) 251-4025 INSTRUCTIONS: All requestors must complete Parts A, B, C, D, E, F and G. NOTE TO CONSULTANTS AND AGENCIES: If you are requesting a JD on behalf of a paying client or your agency, please note the specific submittal requirements in Part H. NOTE ON PART D – PROPERTY OWNER AUTHORIZATION: Please be aware that all JD requests must include the current property owner authorization for the Corps to proceed with the determination, which may include inspection of the property when necessary. This form must be signed by the current property owner(s) or the owner(s) authorized agent to be considered a complete request. NOTE ON PART D - NCDOT REQUESTS: Propertyowner authorization/notification for JD requests associated with North Carolina Department of Transportation (NCDOT) projects will be conducted according to the current NCDOT/USACE protocols. NOTE TO USDA PROGRAM PARTICIPANTS: A Corps approved or preliminary JD may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should also request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. Jurisdictional Determination Request Version: May 2017 Page 2 A. PARCEL INFORMATION Street Address: _______________________________________________ City, State: _______________________________________________ County: Parcel Index Number(s) (PIN): B. REQUESTORINFORMATION Name: Mailing Address: _________________________________________ Telephone Number: _________________________________________ Electronic Mail Address: ________________________________________ Select one: I am the current property owner. I am an Authorized Agent or Environmental Consultant 1 Interested Buyer or Under Contract to Purchase Other, please explain. ________________________________________ __________________________________________________________ C. PROPERTY OWNER INFORMATION 2 Name: Mailing Address: Telephone Number: Electronic Mail Address: _______________________________________________________________________________________________________________________ 1 Must provide completed Agent Authorization Form/Letter. 2 Documentation of ownership also needs to be provided with request (copy of Deed, County GIS/Parcel/Tax Record). Sam Furr Road Huntersville, NC Mecklenburg 01122107, 01122101 Leonard S. Rindner,PLLC,WEPG 10612-D Providence Road, PMB 550 Charlotte NC 28277 336-554-2728 daniel.kuefler@wetlands-epg.com James W. Howard Jr. 5596 Riverview Road SE Mableton, GA, 30126 404-848-9122 ✔ Jurisdictional Determination Request saiaw D. PROPERTY ACCESS CERTMCATION3,a By signing below, I authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) to enter upon the property herein described for the purpose of conducting on- site investigations, if necessary, and issuing a jurisdictional determination pursuant to Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. I, the undersigned, am either a duly authorized owner of record of the property identified herein, or acting as the duly authorized agent of the owner of record of the property. Print Name Capacity: 0 Owner ❑ Authorized Agent' l04 Date I `! E. REASON FOR JD REQUEST: (Check as many as applicable) PI intend to construct/develop a project or perform activities on this parcel which would be esigned to avoid all aquatic resources. r-1 I intend to construct/develop a project or perform activities on this parcel which would be designed to avoid all j urisdictional aquatic resources under Corps authority. Q I intend to construct/develop a projector perform activities on this parcel which may require authorization from the Corps, and the JD would be used to avoid and minimize impacts to jurisdictional aquatic resources and as an initial step in a future permitting process. ❑ I intend to construct/develop a projector perform activities on this parcel which may require authorization from the Corps; this request is accompanied by my permit application and the JD is to be used in the permitting process. ❑ I intend to construct/develop a projector perform activities in a navigable water of the U.S. which is included on the district Section 10 list and/or is subject to the ebb and flow of the tide. 8 A Corps JD is required in order obtain my local/state authorization. I intend to contest jurisdiction over a particular aquatic resource and request the Corps confirm that jurisdiction does/does not exist over the aquatic resource on the parcel. ❑ I believe that the site may be comprised entirely of dry land. ❑ Other: ' For NCDOT requests following the current NCDOT/USACE protocols, skip to Part E. ° If there are multiple parcels owned by different parties, please provide the following for each additional parcel on a continuation sheet. 5 Must provide agent authorization formlletter signed by owner s). Version: May 2017 Page 3 Jurisdictional Determination Request Version: May 2017 Page 4 F. JURISDICTIONAL DETERMINATION (JD) TYPE (Select One) I am requesting that the Corps provide a preliminary JD for the property identified herein. A Preliminary Jurisdictional Determination (PJD) provides an indication that there may be “waters of the United States” or “navigable waters of the United States”on a property. PJDs are sufficient as the basis for permit decisions. For the purposes of permitting, all waters and wetlands on the property will be treated as if they are jurisdictional “waters of the United States”. PJDs cannot be appealed (33 C.F.R. 331.2); however, a PJD is “preliminary” in the sense that an approved JD can be requested at any time. PJDs do not expire. I am requesting that the Corps provide an approved JD for the property identified herein. An Approved Jurisdictional Determination (AJD) is a determination that jurisdictional “waters of the United States” or “navigable waters of the United States” are either present or absent on a site. An approved JD identifies the limits of waters on a site determined to be jurisdictional under the Clean Water Act and/or Rivers and Harbors Act. Approved JDs are sufficient as the basis for permit decisions. AJDs are appealable (33 C.F.R. 331.2). The results of the AJD will be posted on the Corps website. A landowner, permit applicant, or other “affected party” (33 C.F.R. 331.2) who receives an AJD may rely upon the AJD for five years (subject to certain limited exceptions explained in Regulatory Guidance Letter 05- 02). I am unclear as to which JD I would like to request and require additional information to inform my decision. G. ALL REQUESTS Map of Property or Project Area. This Map must clearly depict the boundaries of the review area. Size of Property or Review Area acres. The property boundary (or review area boundary) is clearly physically marked on the site. 103.48 ✔ ✔ ✔ ✔ Jurisdictional Determination Request Version: May 2017 Page 5 H. REQUESTS FROM CONSULTANTS Project Coordinates (Decimal Degrees): Latitude: ______________________ Longitude: ______________________ A legible delineation map depicting the aquatic resources and the property/review area. Delineation maps must be no larger than 11x17 and should contain the following: (Corps signature of submitted survey plats will occur after the submitted delineation map has been reviewed and approved).6 North Arrow Graphical Scale Boundary of Review Area Date Location of data points for each Wetland Determination Data Form or tributary assessment reach. For Approved Jurisdictional Determinations: Jurisdictional wetland features should be labeled as Wetland Waters of the US, 404 wetlands, etc. Please include the acreage of these features. Jurisdictional non-wetland features (i.e. tidal/navigable waters, tributaries, impoundments) should be labeled as Non-Wetland Waters of the US, stream, tributary, open water, relatively permanent water, pond, etc. Please include the acreage or linear length of each of these features as appropriate. Isolated waters, waters that lack a significant nexus to navigable waters, or non- jurisdictional upland features should be identified as Non-Jurisdictional. Please include a justification in the label regarding why the feature is non-jurisdictional (i.e. “Isolated”, “No Significant Nexus”, or “Upland Feature”). Please include the acreage or linear length of these features as appropriate. For Preliminary Jurisdictional Determinations: Wetland and non-wetland features should not be identified as Jurisdictional, 404, Waters of the United States, or anything that implies jurisdiction. These features can be identified as Potential Waters of the United States, Potential Non-wetland Waters of the United States, wetland, stream, open water, etc. Please include the acreage and linear length of these features as appropriate. Completed Wetland Determination Data Forms for appropriate region (at least one wetland and one upland form needs to be completed for each wetland type) ____________________________________________________________________________ 6 Please refer to the guidance document titled “Survey Standards for Jurisdictional Determinations” to ensure that the supplied map meets the necessary mapping standards.http://www.saw.usace.army.mil/Missions/Regulatory-Permit- Program/Jurisdiction/ 35.4445 -80.8311 ✔ ✔ ✔ Jurisdictional Determination Request Version: May 2017 Page 6 Completed appropriate Jurisdictional Determination form PJDs,please complete a Preliminary Jurisdictional Determination Form7 and include the Aquatic Resource Table AJDs, please complete an Approved Jurisdictional Determination Form 8 Vicinity Map Aerial Photograph USGS Topographic Map Soil Survey Map Other Maps, as appropriate (e.g. National Wetland Inventory Map, Proposed Site Plan, previous delineation maps, LIDAR maps, FEMA floodplain maps) Landscape Photos (if taken) NCSAM and/or NCWAM Assessment Forms and Rating Sheets NC Division of Water Resources Stream Identification Forms Other Assessment Forms _____________________________________________________________________________ 7 www.saw.usace.army.mil/Portals/59/docs/regulatory/regdocs/JD/RGL_08-02_App_A_Prelim_JD_Form_fillable.pdf 8 Please see http://www.saw.usace.army.mil/Missions/Regulatory-Permit-Program/Jurisdiction/ Principal Purpose:The information thatyouprovide will beusedinevaluating your requestto determine whether thereareany aquatic resources within the project areasubjecttofederaljurisdictionunder the regulatory authorities referencedabove. RoutineUses:Thisinformation maybeshared with the Departmentof Justice andotherfederal, state,and local government agencies, and the public,andmaybe made available aspartof a public notice as required byfederal law. Your nameandproperty location wherefederal jurisdiction is to bedetermined will beincluded in the approved jurisdictional determination (AJD),which will bemade available tothe public on the District's website andontheHeadquartersUSAGEwebsite. Disclosure:Submission ofrequested information is voluntary; however, ifinformation is notprovided, the requestforanAJD cannot beevaluatednorcananAJD be issued. ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A.REPORT COMPLETION DATE FOR PJD: B.NAME AND ADDRESS OF PERSON REQUESTING PJD: C.DISTRICT OFFICE, FILE NAME, AND NUMBER: D.PROJECT LOCATION(S) AND BACKGROUND INFORMATION: (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: County/parish/borough: City: Center coordinates of site (lat/long in degree decimal format): Lat.:Long.: Universal Transverse Mercator: Name of nearest waterbody: E.REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): Office (Desk) Determination. Date: Field Determination. Date(s): TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH “MAY BE”SUBJECT TO REGULATORY JURISDICTION. Site number Latitude (decimal degrees) Longitude (decimal degrees) Estimated amount of aquatic resource in review area (acreage and linear feet, if applicable) Type of aquatic resource (i.e., wetland vs. non-wetland waters) Geographic authority to which the aquatic resource “may be” subject (i.e., Section 404 or Section 10/404) Please see attached table. Leonard S. Rindner, PLLC, WEPG 10612-D Providence Road, PMB 550 Charlotte NC 28277 CHARLOTTE REGULATORY FIELD OFFICE NC Mecklenburg Huntersville 35.4445 -80.8311 WGS84 Ramah Creek 1) The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an approved JD (AJD) for that review area based on an informed decision after having discussed the various types of JDs and their characteristics and circumstances when they may be appropriate. 2) In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring “pre- construction notification” (PCN), or requests verification for a non-reporting NWP or other general permit, and the permit applicant has not requested an AJD for the activity, the permit applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit authorization based on a PJD, which does not make an official determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an AJD could possibly result in less compensatory mitigation being required or different special conditions; (3) the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) undertaking any activity in reliance upon the subject permit authorization without requesting an AJD constitutes the applicant’s acceptance of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered individual permit)or undertaking any activity in reliance on any form of Corps permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AJD or a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it becomes appropriate to make an official determination whether geographic jurisdiction exists over aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic resources in the review area, the Corps will provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that there “may be” waters of the U.S. and/or that there “may be”navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the review area that could be affected by the proposed activity, based on the following information: SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items should be included in subject file. Appropriately reference sources below where indicated for all checked items: Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Map: ________________. Data sheets prepared/submitted by or on behalf of the PJD requestor. Office concurs with data sheets/delineation report. Office does not concur with data sheets/delineation report. Rationale: _______. Data sheets prepared by the Corps:________. Corps navigable waters’study: ____________. U.S.Geological Survey Hydrologic Atlas:________. USGS NHD data. USGS 8 and 12 digit HUC maps. U.S.Geological Survey map(s). Cite scale &quad name:_________. Natural Resources Conservation Service Soil Survey. Citation: __________. National wetlands inventory map(s).Cite name:________. State/local wetland inventory map(s): ____________. FEMA/FIRM maps: ________________. 100-year Floodplain Elevation is: ____.(National Geodetic Vertical Datum of 1929) Photographs:Aerial (Name & Date):______. or Other (Name & Date): ______. Previous determination(s). File no. and date of response letter:__________. Other information (please specify): ______________. IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for later jurisdictional determinations. Signature and date of Signature and date of Regulatory staff member person requesting PJD completing PJD (REQUIRED, unless obtaining the signature is impracticable) 1 1 Districts may establish timeframes for requestor to return signed PJD forms. If the requestor does not respond within the established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action. 1:2400 Cornelius NC Quadrangle Site Photos 1/16/17 Daniel Kuefler Digitally signed by Daniel Kuefler DN: cn=Daniel Kuefler, o=WEPG, ou, email=daniel.kuefler@wetlands-epg.com, c=US Date: 2019.07.19 10:29:17 -04'00' Waters_Name State Cowardin_Code Meas_Type Amount Units Waters_Type Latitude Longitude Perennial Stream A NORTH CAROLINA R5 Linear 2530 FOOT DELINEATE 35.44440000 -80.83130000 Perennial Stream B NORTH CAROLINA R5 Linear 160 FOOT DELINEATE 35.44110000 -80.83510000 Intermittent Stream C NORTH CAROLINA R4 Linear 160 FOOT DELINEATE 35.44140000 -80.83450000 Wetland D NORTH CAROLINA RP Area 0.05 ACRE DELINEATE 35.44120000 -80.83430000 Perennial Stream E NORTH CAROLINA R5 Linear 900 FOOT DELINEATE 35.43990000 -80.83540000 Perennial Stream G NORTH CAROLINA R5 Linear 300 FOOT DELINEATE 35.44230000 -80.83270000 Intermittent Stream H NORTH CAROLINA R4 Linear 100 FOOT DELINEATE 35.44420000 -80.83250000 Open Water Pond I NORTH CAROLINA POW Area 2.01 ACRE DELINEATE 35.43890000 -80.83640000 Northbrook site - Appendix 2 – PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM Table of Aquatic Resources in Review Area Which “May Be” Subject to Regulatory Jurisdiction FIGURE NO. 6 DATE: Drawn By: LSR NRN Reviewed NORTHBROOK Mecklenburg Co., NC ͑ ͑ DELINEATION MAP -WATERS OF THE U.S.- EXISTING CONDITIONS STUDY SUBJECT TO USACE/NCDEQ VERIFICATION ͑ ͑ 1/18/17 Updated 7/18/19 Intermittent Stream H -100 lf CULVERT Perennial Stream G -300 lf Overflow Pipe with concrete spillway Wetland D - 0.05 ac Intermittent Stream C -160 lf Perennial Stream E - 900 lf Open Water Pond J -2.01 ac ***NCDEQ VERIFICATION 1/31/17*** Perennial Stream A -2,530 Perennial Stream B - 160 lf WETLAND D DATA FORM UPLAND DP1 RPW FORM H Stream Form A Stream Form E 3 1 2 4 14 Northbrook Mecklenburg Co., NC – 1/16/17 Intermittent Stream H – PHOTO 1 Perennial Stream E – PHOTO 2 Northbrook Mecklenburg Co., NC – 1/16/17 Open Water Pond J – PHOTO 3 Wetland D – PHOTO 4 STREAM REACH EVALUATION FORM Northbrook NCDWQ: Methodology for Identification of Intermittent and Perennial Streams and their Origins. STREAM REACH EVALUATION FORM NCDWQ: Methodology for Identification of Intermittent and Perennial Streams and their Origins. STREAM REACH EVALUATION FORM NCDWQ: Methodology for Identification of Intermittent and Perennial Streams and their Origins. WETLAND DETERMINATION DATA FORM – Eastern Mountains and Piedmont Region Project/Site: City/County: Sampling Date: Applicant/Owner: State: Sampling Point: Investigator(s): Section, Township, Range: Landform (hillslope, terrace, etc.): Local relief (concave, convex, none): Slope (%): Subregion (LRR or MLRA): Lat: Long: Datum: Soil Map Unit Name: NWI classification: Are climatic / hydrologic conditions on the site typical for this time of year? Yes No (If no, explain in Remarks.) Are Vegetation , Soil , or Hydrology significantly disturbed? Are “Normal Circumstances” present? Yes No Are Vegetation , Soil , or Hydrology naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS – Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Hydric Soil Present? Wetland Hydrology Present? Yes Yes Yes No No No Is the Sampled Area within a Wetland? Yes No Remarks: HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (minimum of two required) Primary Indicators (minimum of one is required; check all that apply) Surface Soil Cracks (B6) Surface Water (A1) True Aquatic Plants (B14) Sparsely Vegetated Concave Surface (B8) High Water Table (A2) Hydrogen Sulfide Odor (C1) Drainage Patterns (B10) Saturation (A3) Oxidized Rhizospheres on Living Roots (C3) Moss Trim Lines (B16) Water Marks (B1) Presence of Reduced Iron (C4) Dry-Season Water Table (C2) Sediment Deposits (B2) Recent Iron Reduction in Tilled Soils (C6) Crayfish Burrows (C8) Drift Deposits (B3) Thin Muck Surface (C7) Saturation Visible on Aerial Imagery (C9) Algal Mat or Crust (B4) Other (Explain in Remarks) Stunted or Stressed Plants (D1) Iron Deposits (B5) Geomorphic Position (D2) Inundation Visible on Aerial Imagery (B7) Shallow Aquitard (D3) Water-Stained Leaves (B9) Microtopographic Relief (D4) Aquatic Fauna (B13) FAC-Neutral Test (D5) Field Observations: Surface Water Present? Yes No Depth (inches): Water Table Present? Yes No Depth (inches): Saturation Present? Yes No Depth (inches): (includes capillary fringe) Wetland Hydrology Present? Yes No Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: US Army Corps of Engineers Eastern Mountains and Piedmont – Version 2.0 Northbrook Huntersville/Mecklenburg Lennar NC NRN, LSR ConcaveFloodplain MLRA 35.4412 -80.8343 Mo: Monacan Loam Y NN N NN N ✔ ✔ ✔ ✔ ✔ ✔ ✔ 1/16/17 Wetland D 0-2 ✔ ✔ ✔ ✔ ✔ ✔ ✔ 0-2" - 0-10 ✔ VEGETATION (Five Strata) – Use scientific names of plants. Sampling Point: Absolute Dominant Indicator Tree Stratum (Plot size: ) % Cover Species? Status 1. 2. 3. 4. 5. 6. 7. = Total Cover Sapling Stratum (Plot size: ) 1. 2. 3. 4. 5. 6. 7. = Total Cover Shrub Stratum (Plot size: ) 1. 2. 3. 4. 5. 6. 7. = Total Cover Herb Stratum (Plot size: ) 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. = Total Cover Woody Vine Stratum (Plot size: ) 1. 2. 3. 4. 5. = Total Cover Dominance Test worksheet: Number of Dominant Species That Are OBL, FACW, or FAC: (A) Total Number of Dominant Species Across All Strata: (B) Percent of Dominant Species That Are OBL, FACW, or FAC: (A/B) Prevalence Index worksheet: Total % Cover of: Multiply by: OBL species x 1 = FACW species x 2 = FAC species x 3 = FACU species x 4 = UPL species x 5 = Column Totals: (A) (B) Prevalence Index = B/A = Hydrophytic Vegetation Indicators: 1 - Rapid Test for Hydrophytic Vegetation 2 - Dominance Test is >50% 3 - Prevalence Index is 3.0 1 4 - Morphological Adaptations1 (Provide supporting data in Remarks or on a separate sheet) Problematic Hydrophytic Vegetation1 (Explain) 1Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problematic. Definitions of Five Vegetation Strata: Tree – Woody plants, excluding woody vines, approximately 20 ft (6 m) or more in height and 3 in. (7.6 cm) or larger in diameter at breast height (DBH). Sapling – Woody plants, excluding woody vines, approximately 20 ft (6 m) or more in height and less than 3 in. (7.6 cm) DBH. Shrub – Woody plants, excluding woody vines, approximately 3 to 20 ft (1 to 6 m) in height. Herb – All herbaceous (non-woody) plants, including herbaceous vines, regardless of size, and woody plants, except woody vines, less than approximately 3 ft (1 m) in height. Woody vine – All woody vines, regardless of height. Hydrophytic Vegetation Present? Yes No Remarks: (Include photo numbers here or on a separate sheet.) US Army Corps of Engineers Eastern Mountains and Piedmont – Version 2.0 Wetland D 30' Liquidambar styraciflua Platanus occidentalis Fraxinus pennsylvanica 25 20 10 Y Y N FACW FAC FACW 7 8 87% 15' 55 Liquidambar styraciflua Platanus occidentalis FACW FAC FACW 15 10 5 Y Y Y Fraxinus pennsylvanica 15' 20 FACU10 YLigustrum sinense 5' 10 FACMicrostegium vimineum 20 Y 30' 20 Lonicera japonica 15 Y FAC 15 ✔ ✔ SOIL Sampling Point: Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color (moist) % Color (moist) % Type 1 Loc2 Texture Remarks 1Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains. 2Location: PL=Pore Lining, M=Matrix. Hydric Soil Indicators: Indicators for Problematic Hydric Soils3: Histosol (A1) Dark Surface (S7) 2 cm Muck (A10) (MLRA 147) Histic Epipedon (A2) Polyvalue Below Surface (S8) (MLRA 147, 148) Coast Prairie Redox (A16) Black Histic (A3) Thin Dark Surface (S9) (MLRA 147, 148) (MLRA 147, 148) Hydrogen Sulfide (A4) Loamy Gleyed Matrix (F2) Piedmont Floodplain Soils (F19) Stratified Layers (A5) Depleted Matrix (F3) (MLRA 136, 147) 2 cm Muck (A10) (LRR N) Redox Dark Surface (F6) Very Shallow Dark Surface (TF12) Depleted Below Dark Surface (A11) Depleted Dark Surface (F7) Other (Explain in Remarks) Thick Dark Surface (A12) Redox Depressions (F8) Sandy Mucky Mineral (S1) (LRR N, Iron-Manganese Masses (F12) (LRR N, MLRA 147, 148) MLRA 136) Sandy Gleyed Matrix (S4) Umbric Surface (F13) (MLRA 136, 122) 3Indicators of hydrophytic vegetation and Sandy Redox (S5) Piedmont Floodplain Soils (F19) (MLRA 148) wetland hydrology must be present, Stripped Matrix (S6) Red Parent Material (F21) (MLRA 127, 147) unless disturbed or problematic. Restrictive Layer (if observed): Type: Depth (inches): Hydric Soil Present? Yes No Remarks: US Army Corps of Engineers Eastern Mountains and Piedmont – Version 2.0 Wetland D 0-10 10-20 7.5YR 4/1 7.5YR 5/8 75 75 7.5YR 5/8 7.5YR 4/1 25 25 C C PL PL Silty Clay Clay ✔ ✔ WETLAND DETERMINATION DATA FORM – Eastern Mountains and Piedmont Region Project/Site: City/County: Sampling Date: Applicant/Owner: State: Sampling Point: Investigator(s): Section, Township, Range: Landform (hillslope, terrace, etc.): Local relief (concave, convex, none): Slope (%): Subregion (LRR or MLRA): Lat: Long: Datum: Soil Map Unit Name: NWI classification: Are climatic / hydrologic conditions on the site typical for this time of year? Yes No (If no, explain in Remarks.) Are Vegetation , Soil , or Hydrology significantly disturbed? Are “Normal Circumstances” present? Yes No Are Vegetation , Soil , or Hydrology naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS – Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Hydric Soil Present? Wetland Hydrology Present? Yes Yes Yes No No No Is the Sampled Area within a Wetland? Yes No Remarks: HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (minimum of two required) Primary Indicators (minimum of one is required; check all that apply) Surface Soil Cracks (B6) Surface Water (A1) True Aquatic Plants (B14) Sparsely Vegetated Concave Surface (B8) High Water Table (A2) Hydrogen Sulfide Odor (C1) Drainage Patterns (B10) Saturation (A3) Oxidized Rhizospheres on Living Roots (C3) Moss Trim Lines (B16) Water Marks (B1) Presence of Reduced Iron (C4) Dry-Season Water Table (C2) Sediment Deposits (B2) Recent Iron Reduction in Tilled Soils (C6) Crayfish Burrows (C8) Drift Deposits (B3) Thin Muck Surface (C7) Saturation Visible on Aerial Imagery (C9) Algal Mat or Crust (B4) Other (Explain in Remarks) Stunted or Stressed Plants (D1) Iron Deposits (B5) Geomorphic Position (D2) Inundation Visible on Aerial Imagery (B7) Shallow Aquitard (D3) Water-Stained Leaves (B9) Microtopographic Relief (D4) Aquatic Fauna (B13) FAC-Neutral Test (D5) Field Observations: Surface Water Present? Yes No Depth (inches): Water Table Present? Yes No Depth (inches): Saturation Present? Yes No Depth (inches): (includes capillary fringe) Wetland Hydrology Present? Yes No Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: US Army Corps of Engineers Eastern Mountains and Piedmont – Version 2.0 Northbrook Huntersville/Mecklenburg Lennar NC NRN, LSR ConcaveFloodplain MLRA 35.4412 -80.8343 Mo: Monacan Loam Y NN N NN N Upland Data Point 2 was taken approximately 30' North of Wetland D. ✔ ✔ 1/16/17 Upland DP1 0-2 ✔ ✔ ✔ ✔ ✔ ✔ ✔ - - - VEGETATION (Five Strata) – Use scientific names of plants. Sampling Point: Absolute Dominant Indicator Tree Stratum (Plot size: ) % Cover Species? Status 1. 2. 3. 4. 5. 6. 7. = Total Cover Sapling Stratum (Plot size: ) 1. 2. 3. 4. 5. 6. 7. = Total Cover Shrub Stratum (Plot size: ) 1. 2. 3. 4. 5. 6. 7. = Total Cover Herb Stratum (Plot size: ) 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. = Total Cover Woody Vine Stratum (Plot size: ) 1. 2. 3. 4. 5. = Total Cover Dominance Test worksheet: Number of Dominant Species That Are OBL, FACW, or FAC: (A) Total Number of Dominant Species Across All Strata: (B) Percent of Dominant Species That Are OBL, FACW, or FAC: (A/B) Prevalence Index worksheet: Total % Cover of: Multiply by: OBL species x 1 = FACW species x 2 = FAC species x 3 = FACU species x 4 = UPL species x 5 = Column Totals: (A) (B) Prevalence Index = B/A = Hydrophytic Vegetation Indicators: 1 - Rapid Test for Hydrophytic Vegetation 2 - Dominance Test is >50% 3 - Prevalence Index is 3.0 1 4 - Morphological Adaptations1 (Provide supporting data in Remarks or on a separate sheet) Problematic Hydrophytic Vegetation1 (Explain) 1Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problematic. Definitions of Five Vegetation Strata: Tree – Woody plants, excluding woody vines, approximately 20 ft (6 m) or more in height and 3 in. (7.6 cm) or larger in diameter at breast height (DBH). Sapling – Woody plants, excluding woody vines, approximately 20 ft (6 m) or more in height and less than 3 in. (7.6 cm) DBH. Shrub – Woody plants, excluding woody vines, approximately 3 to 20 ft (1 to 6 m) in height. Herb – All herbaceous (non-woody) plants, including herbaceous vines, regardless of size, and woody plants, except woody vines, less than approximately 3 ft (1 m) in height. Woody vine – All woody vines, regardless of height. Hydrophytic Vegetation Present? Yes No Remarks: (Include photo numbers here or on a separate sheet.) US Army Corps of Engineers Eastern Mountains and Piedmont – Version 2.0 Upland DP2 30' Liriodendron tulipifera Liquidambar styraciflua Pinus virginiana Quercus rubra 25 20 15 10 Y Y Y N FACU FACU FAC NA 3 8 37% 15' 70 Liquidambar styraciflua Quercus rubra FACU FAC FACU 20 15 5 Y Y N Liriodendron tulipifera 15' 40 FACU35 YLigustrum sinense 5' 35 FACUPolystichum acrostichoides 15 Y 30' 15 Lonicera japonica 35 Y FAC 35 ✔ SOIL Sampling Point: Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color (moist) % Color (moist) % Type 1 Loc2 Texture Remarks 1Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains. 2Location: PL=Pore Lining, M=Matrix. Hydric Soil Indicators: Indicators for Problematic Hydric Soils3: Histosol (A1) Dark Surface (S7) 2 cm Muck (A10) (MLRA 147) Histic Epipedon (A2) Polyvalue Below Surface (S8) (MLRA 147, 148) Coast Prairie Redox (A16) Black Histic (A3) Thin Dark Surface (S9) (MLRA 147, 148) (MLRA 147, 148) Hydrogen Sulfide (A4) Loamy Gleyed Matrix (F2) Piedmont Floodplain Soils (F19) Stratified Layers (A5) Depleted Matrix (F3) (MLRA 136, 147) 2 cm Muck (A10) (LRR N) Redox Dark Surface (F6) Very Shallow Dark Surface (TF12) Depleted Below Dark Surface (A11) Depleted Dark Surface (F7) Other (Explain in Remarks) Thick Dark Surface (A12) Redox Depressions (F8) Sandy Mucky Mineral (S1) (LRR N, Iron-Manganese Masses (F12) (LRR N, MLRA 147, 148) MLRA 136) Sandy Gleyed Matrix (S4) Umbric Surface (F13) (MLRA 136, 122) 3Indicators of hydrophytic vegetation and Sandy Redox (S5) Piedmont Floodplain Soils (F19) (MLRA 148) wetland hydrology must be present, Stripped Matrix (S6) Red Parent Material (F21) (MLRA 127, 147) unless disturbed or problematic. Restrictive Layer (if observed): Type: Depth (inches): Hydric Soil Present? Yes No Remarks: US Army Corps of Engineers Eastern Mountains and Piedmont – Version 2.0 Upland DP2 0-3 3-20 7.5YR 4/4 7.5YR 5/8 100 90 7.5YR 6/8 10 C PL Loamy Clay Clay ✔ Threatened & Endangered Species Report Threatened & Endangered Species Report Threatened / Endangered / Protected Species Evaluation For:Northbrook Mecklenburg County, North Carolina By: Lisa R. Gaffney January 23, 2017 *updated July 18, 2019 Northbrook - Threatened / Endangered / Protected Species Evaluation 222 GENERAL LANDSCAPE DESCRIPTION: The Northbrook site (103.45 acres) is located just north of McCord Road, just east of Statesville Road, and just south of Sam Furr Road (Hwy 73) in Mecklenburg County, North Carolina. It can be found on the Cornelius USGS Topographic Quadrangle Map; latitude is 35.4445 N, longitude is 80.8310 W. The site is primarily covered with expansive open fields and pastures, and successional woods on slopes and stream corridors. The topography is gently to moderately sloped with the elevation ranging from 730 to 800ft. (Figure 1). Figure 1: Northbrook - Threatened / Endangered / Protected Species Evaluation 3333 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 beginning January16, 2017 and on July 17, 2019. Table 1: Threatened / Endangered / Protected Species listed for Mecklenburg County County: Mecklenburg, NC *Source: US Fish & Wildlife Service **Data search on January 16, 2017 ***Updated July 17, 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 Northbrook - Threatened / Endangered / Protected Species Evaluation 444 SPECIES DESCRIPTIONS: 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). Northbrook - Threatened / Endangered / Protected Species Evaluation 5555 RESULTS: The site is covered with expansive open fields and pastures; successional woods on slopes and stream corridors; a small horse farm operation with barn, paddocks, enclosures and stock pond; and numerous fencerows. There is an overhead power line that parallels the road corridor along Sam Furr Road. The horse farm in the southwestern portion of the site is mostly covered with segmented pasture ground dominated by Fescue Grass (Festuca sp.), and common pasture weeds such as Pigweed (Chenopodium album), Spiny Amaranth (Amaranthus spinosus), and Horseweed (Erigeron canadensis). The entire area is heavily grazed by horses. The open water pond has a narrow transitional wetland edge habitat dominated by typical wetland vegetation including Sedges (Carex spp., Cyperus spp., Scirpus spp.), Rushes (Juncus spp.), and Cattails (Typha latifolia). Just north of the horse farm, the adjacent uplands are covered with expansive, mixed Fescue, Orchard Grass (Dactylis sp.), and other warm season grass hayfields. These areas appear to be utilized as pasture also. The northwestern section of the property has a large corn field that is currently planted with a winter annual cover crop of Rye (Lolium sp.). The northwestern and southwestern portion of the site is covered by a mixed pine and hardwood forest on slopes and drainages, and in the riparian corridor of a perennial, northeast flowing tributary to Ramah Creek. The forest is composed of Loblolly Pine (Pinus taeda) with successional hardwoods mixed within the canopy and subcanopy, in the uplands, and grades into a hardwood dominated forest on the lower slopes and drainages. Some of the largest trees are over 2 ft. in diameter, with the average diameter at breast height (DBH) at 12”. Canopy trees include Loblolly Pine (Pinus taeda), Shortleaf Pine (P. echinata), Virginia Pine (P. virginiana), White Oak (Quercus alba), Black Oak (Q. velutina), Southern Red Oak (Q. falcata), Northern Red Oak (Q. rubra), Willow Oak (Q. phellos), Post Oak (Q. stellata), Mockernut Hickory (C. tomentosa), Pignut Hickory (C. glabra), Shagbark Hickory (Carya ovata), Sweetgum (Liquidambar styraciflua), Yellow Poplar (Liriodendron tulipifera), Cottonwood (Populus deltoides), and Sycamore (Platanus occidentalis). The subcanopy contains Sourwood (Oxydendrum arboreum), Umbrella Tree (Magnolia tripetela), American Beech (Fagus grandifolius), Ironwood (Carpinus caroliniana), American Holly (Ilex opaca), Red Maple (Acer rubrum), Eastern Red Cedar (Juniperus virginiana), Flowering Dogwood (Cornus florida), Hackberry (Celtis laevigata), Redbud (Cercis canadensis), Red Mulberry (Morus rubra), Black Gum (Nyssa sylvatica), Winged Elm (Ulmus alata), and Black Cherry (Prunus serotina). The shrub layer includes Spicebush (Lindera benzoin), Blueberry (Vaccinium sp.), Autumn Olive (Elaeagnus umbellata), Paw Paw (Asimina triloba) and Chinese Northbrook - Threatened / Endangered / Protected Species Evaluation 6666 Privet (Ligustrum sinense). Vines present are Japanese Honeysuckle (Lonicera japonica), Trumpet Creeper (Campsis radicans), Virginia Creeper (Parthenocissus quinquefolia), Muscadine (Vitis rotundifolia), and Poison Ivy (Toxicodendron radicans). The herb layer is sparse on the drier uplands and slopes, becoming more dense on the lower slopes and drainages, and includes Christmas Fern (Polystichum acrostichoides), Crane-fly Orchid (Tipularia discolor), Spotted Wintergreen (Chimaphila maculata), Dayflower (Commelina sp.), Grapefern (Botrychium sp.), River Oats (Chasmanthium latifolium), and Japanese Stiltgrass (Microstegium vimineum). The disturbed, open, roadside along Sam Furr Road, and transitional open edges are dominated by planted Fescue (Festuca sp.) with mixed shrubs, vines and herbs that typically occur in this habitat. Woody species present are small tree saplings of Pines, Sweet-gum and Tulip Poplar, and shrubs of Blackberry (Rubus sp.), Russian Olive, Chinese Privet, Smooth Sumac (Rhus glabra), and Groundsel Tree (Baccharis halimifolia). Herbs present are Johnson Grass (Sorghum halepense), Plume Grass (Erianthus contortus), Sericea Lespedeza (Lespedeza cuneata), Pokeweed (Phytolacca americana), Rabbit Tobacco (Gnapthalium obtusifolium), Tickseed (Coreopsis major), Ragweed (Ambrosia artemisiifolia), Goldenrod (Solidago sp.), Beggars Ticks (Desmodium sp.), and Thoroughwort (Eupatorium sp.). 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. 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 Northbrook - Threatened / Endangered / Protected Species Evaluation 7777 (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 January 23, 2017 *updated July 18, 2019 Northbrook - Threatened / Endangered / Protected Species Evaluation 8888 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 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.