20191053 Ver 1_PCN Form Submission_20190806

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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#*
20191053
1
Is a payment required for this project?*
* No payment required
What amout is owed?*
* Fee received
r $240.00
r Fee needed - send electronic notification
r $570.00
Reviewing Office* Select Project Reviewer*
Mooresville Regional Office - [phone] Alan Johnson:eads\adjohnsonl
Information for Initial Review
1a. Name of project:
Sutton Farms Phases II & III
1a. Who is the Primary Contact?*
Daniel Kuefler
1 b. Primary Contact Email:*
[e-mail]
Date Submitted
8/6/2019
Nearest Body of Water
Gum Branch
Basin
Catawba
Water Classification
WS -Iv
Site Coordinates
Latitude:
35.3079
A. Processing Information
County (or Counties) where the project is located:
Mecklenburg
Is this project a public transportation project?*
r Yes r No
Longitude:
-80.9193
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 venters, tidal waters, Rivers and Harbors Act)
1 b. What type(s) of permit(s) do you wish to seek authorization?
P Nationwide Permit (NWP)
F- Regional General Permit (RGP)
r- Standard (IP)
1c. Primary Contact Phone:*
[phone]

1c. Has the NWP or GP number been verified by the Corps?
r' Yes r No
Nationwide Permit (NWP) Number:
NWP Numbers (for multiple NWPS):
1d. Type(s) of approval sought from the DWR:
P 401 Water Quality Certification - Regular
F Non -404 Jurisdictional General Permit
F Individual Permit
29 - Residential Developments
1e. Is this notification solelyfor the record because written approval is not required?
For the record only for DWR 401 Certification:
For the record only for Corps Permit:
F 401 Water Quality Certification - E)press
F Riparian Buffer Authorization
1f. Is this an after -the -fact permit application?*
r Yes r No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
r- Yes r No
19. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
r• Yes r- No
Acceptance Letter Attachment
1h. Is the project located in any of NC's twenty coastal counties?
r- Yes r No
1j. Is the project located in a designated trout watershed?
r Yes r No
B. Applicant Information
1d. Who is applying for the permit?
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:
Dorothy Keistler
2b. Deed book and page no.:
2c. Responsible party:
2d. Address
Street Address
302 Dakota Street
Address Line 2
City
Charlotte
Postal / Zip Code
28216
2e. Telephone Number:
[phone]
2g. Email Address:*
d an iel. ku [e-mail]-com
3. Applicant Information (if different from owner)
3a. Name
Dan Rossi
State / Rovinoe / Fiejion
NC
Country
USA
2f. Fax Number:
r- Yes r No
r- Yes r No

3b. Business Name:
D.R. Horton
3c. Address
Street Address
8001 Arrowridge Blvd
Address Line 2
City
Charlotte
Postal / Zip Code
28273
3d. Telephone Number:
[phone]
3f. Email Address:*
[e-mail]
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality/ town:
Charlotte
2. Project Identification
2a. Property Identification Number:
03518222, 03518229, 03518116, 03518131
2c. Project Address
Street Address
Pleasant Grove Road
Address Line 2
city
Charlotte
Postal / Zip (ode
3. Surface Waters
3a. Name of the nearest body of water to proposed project:*
Gum Branch
3b. Water Resources Classification of nearest receiving water:*
WS -IV
3c. What river basin(s) is your project located in?*
Catawba
3d. Please provide the 12 -digit HUC in which the project is located.
030501011403
4. Project Description and History
State / Ftmince / fbgion
NC
Country
USA
3e. Fax Number:
2b. Property size:
37.6
State / Ftmir ce / Ibgion
NC
Country
4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application:*
The site is primarily covered with successional mixed pin and hardwood forest with slopes and drainages flowing into Gum branch.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?*
r Yes 6 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 _duplicate.pdf 140.71 KB
4e. Attach an 8 1/2 X 11 excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. (for DWR)
Soils _duplicate.pdf 460.07KB
4f. List the total estimated acreage of all existing wetlands on the property:
1.09
4g. List the total estimated linear feet of all existing streams on the property:
1758
4h. Explain the purpose of the proposed project:*

The project consists of grading, fill and BMPs for a residential development.
41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:*
Excavation and grading of the site will use standard equipment - excavator, dump trucks, track hoe, etc.
4j. Please upload project drawings for the proposed project.
Plans _duplicate.pdf 2.33MB
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
r Yes r No r Unknown
Comments:
A preliminary Jurisdictional Determination request was submitted on 5/30/19 and is scheduled to be
field -verified by D. Shaeffer (USAGE) on 8/30/19
5b. If the Corps made a jurisdictional determination, what type of determination was made?
r Preliminary r Approved r Not Verified r Unknown r NIA
Corps AID Number:
SAW -2019-00934
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Nic Nelson
Agency/Consultant Company: WEPG
Other:
5dl. Jurisdictional determination upload
Delineation _duplicate.pdf
6. Future Project Plans
6a. Is this a phased project?*
234.21 KB
r Yes r No
7b. If yes, explain.
To our knowledge, Phase I was previously implemented Wth no impacts to surface waters of the U.S. No additional phases are anticipated.
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
Ia. Where are the impacts associated with your project? (check all that apply):
V Wetlands r Streams -tributaries r Buffers
r Open Waters r Pond Construction
2. Wetland Impacts
2al Reason(?) 2b. Impact type * (?) 2c. Type of W. * 2d. W. name * 2e. Forested * 2f. Type of J2g. Impact
Jurisdicition*(?) area*
W1 Fill P Bottomland Hardwood Forest Wetland A Yes Corps ]0.090
(acres)
ff--]
2g. Total Temporary Wetland Impact 2g. Total Permanent Wetland Impact
0.030 0.090
2g. Total Wetland Impact
0.120
2h. Comments:
0.03 of wetland impacts are temporary impacts for a sanitary
Excavation
T
Bottomland Hardwood Forest
Wetland A
Yes
Corps
0.030
(acres)
sewer crossing that will be restored to pre-existing conditions as detailed on the plan
sheets.
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 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, design, and location / orientation of the proposed lots and access
routes. The design incorporates a large retaining wall located adjacent to the proposed roadway to limit grading encroachment, further limiting
impacts. 3:1 and 2:1 slopes are used where feasible. Wetland hydrology will be maintain through use of culvert bypass under road.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Construction techniques will implement approved erosion control methods to avoid / minimize impacts to onsite / adjacent offsite receiving
conveyances.
2. 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?
f 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:
V Local Government r State
Local Government Stormwater Programs
V Phase II r NSW r USMP F Water Supply
Please identify which local government stormwater program you are using.
Mecklenburg County
Comments:
G. Supplementary Information
1. Environmental Documentation
1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?*
r Yes r No
2. Violations (DWR Requirement)
2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or
Riparian Buffer Rules (15A NCAC 2B.0200)?*
r Yes r No
3. Cumulative Impacts (DWR Requirement)
3a. Will this project result in additional development, which could impact nearby downstream water quality?*
r Yes f• 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 Nor 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 onsite gill be transported to the nearest treatment facility via sewer lines.
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or habitat?*
r Yes r No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?*
r Yes r No
5d. Is another Federal agency involved?*
r Yes r No r Unknown
Se. Is this a DOT project located within Division's 1-8?
r Yes r No
5f. Will you cut anytrees in order to conduct the work in waters of the U.S.?
r Yes r No
5g. Does this project involve bridge maintenance or removal?
r Yes r No
5h. Does this project involve the construction/installation of a wind turbine(s)?*
r Yes r No
51. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.?
r Yes r No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
A T&E species assessment was conducted in which no species were identified. Habitat does east for the Northern Long Eared Bat but the project is
exempt as noted in the attached report.
Consultation Documentation Upload
T&E _duplicate.pdf 840.18KB
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?*
SHPOs website
7c. Historic or Prehistoric Information Upload
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA -designated 100 -year floodplain?*
r Yes r No
8c. What source(s) did you use to make the floodplain determination?*
Polaris3g; www.fema.gov
Miscellaneous
Comments
A complete, compiled PCN package including ORM, cover letter, forms, maps, photos and authorizations is attached here.
Miscellaneous attachments not previously requested.
Sutton Farms PCN 080619 _Compiled.pdf 5.57MB

Signature
[7 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
0 -Rlt
Date
8/6/2019

Wetlands and Environmental Planning Group
Agent Authorization Letter
Leonard S. Rindner. PLLC.
The purpose of this form is to authorize our firm to act on your behalf in matters related to aquatic
resource (i.e. stream/wetlands) identification/mapping and regulatory permitting. The
undersigned, who are either registered property owners or legally authorized to conduct due
diligence activities on the property as identified below, do hereby authorize associates of
Leonard S. Rindner, PLLC, Wetlands and Environmental Planning Group (WEPG) to act on my
behalf and take all actions necessary for the processing, issuance, and acceptance of applicable
permit(s) and/or certification(s).
Project/Site Name: Sutton Farms Phase II & III
Property Address: Pleasant Grove Road, Charlotte, NC
Parcel Identification Number (PIN): 03518222, 03518229, 03518116
Select one: I am an interested buyerlseller
Name: Dan Rossi
Company: D.R. Horton
Mailing Address: 8001 Arrowridge Blvd. Charlotte, NC 28273
Telephone Number: 704-685-2091
Electronic Mail Address: [e-mail]
Owner
Date
x The1 terested Suyerl0ther acknowledges that an agreement and/or formal contract to purchase andlor condacct
due dila ence activities exists between the current property owner and the sign atory of this authorization in cases
where t e property is not owned by the signatory.
Charlotte Offic
10612-b Provi
PMB 550
Charlotte, NC
(704) 904-22T
Rd.
www.weLl,inds-epg.co m
Asheville Office:
1070 Tunnel Rd.. Bldg. I
Suite 10, PMB 283
Asheville, NC 28605

FIGURE NO.
3
SUTTON FARMS PHASES II & III
Mecklenburg Co., NC
͑
͑

USGS MAP
- WATERS OF THE U.S. -
EXISTING CONDITIONS STUDY
SUBJECT TO USACE/NCDEQ VERIFICATION
͑
͑
DATE:

11/13/18
Drawn By:
LSR NRN
Reviewed By:
PROPERTY BOUNDARY
STUDY LIMITS
LOCATION
Lat: 35.3079 ºN
Long: -80.9193 ºW
HUC: 03050101
CATAWBA
SCALE
1:24,000
ACRES
37.6
USGS QUAD
Mt Island Lake, NC
GUM
BRANCH
FIGURE NO.
4
SUTTON FARMS PHASES II & III
Mecklenburg Co., NC
͑
͑

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

11/13/18
Drawn By:
LSR NRN
Reviewed By:
PROJECT BOUNDARY
STUDY LIMITS
MERRICK
100 2000
Wetland H/HH
±5150 SF (0.12 AC)
Wetland Complex A
±42,300 SF (0.97 AC)Clinton RoadElliot RoadScale: 1" = 200'Perennial Stream E
±634 LF
Ex. San. Sewer
with 15' Esmt
Perennial Stream D
±706 LF
Intermittent Stream C
±271 LF
Intermittent Stream B
±76 LF
Intermittent Stream F
±56 LF
Intermittent Stream G
±15 LF
Culvert
D
u
k
e

E
n
e
r
g
y

1
3
1
'

R
/
W
D
e
e
d
:

3
7
6
3
-
9
6
4
D
u
k
e

E
n
e
r
g
y

6
8
'

R
/W
D
e
e
d
:

6
1
8
-
5
8
7
Figure 7
Perennial Stream E
±634 LF
No Impact
MERRICK
Wetland Complex A
±42,300 SF (0.97 AC)
Temporary and Permanent ImpactClinton RoadElliot RoadRock Haven Dri
v
e
Pennyroyal WayL
a
rm
o
r
e

A
v
e
Duddle
s

D
r
i
v
e
Sutton Farms
Phase 1
Ex. San. Sewer
with 15' Esmt
Wetlands A
0.09 AC Permanent Impact
see details sheet 5 & 6
Wetlands A
0.03 AC Temporary Impact
see details sheet 3 & 4
Wetland H/HH
±5150 SF (0.12 AC)
No impact
Perennial Stream D
±706 LF
No impact
Intermittent Stream C
±271 LF
No impact
Intermittent Stream B
±76 LF
No impact
Intermittent Stream F
±56 LF
Intermittent Stream G
±15 LF
No impact
BMP
BMP
19.8% impervious for project
Culvert
100 2000
Scale: 1" = 200'
D
u
k
e

E
n
e
r
g
y

1
3
1
'

R
/
W
D
e
e
d
:

3
7
6
3
-
9
6
4
D
u
k
e

E
n
e
r
g
y

6
8
'

R
/W
D
e
e
d
:

6
1
8
-
5
8
7
All area South of Duke
Energy easement is
deeded treesave area
Figure 8
MERRICK
15 300
Scale: 1" = 30'
35' PCCO Buffer
Ex. San. Sewer
Ex. 15' San.
Sewer Esmt
Prop. 8" San.
Sewer
Prop. 20' San.
Sewer Esmt
Wetland Complex A
±1490 SF (0.03 AC)
Temporary Impact
Temporary access corridor to be
reestablished with native species.
Permanent maintenance easement to be
reseeded with native stabilization mix
Remove 6"-12" of top soil in disturbed
area. Top soil to be placed on fabric
and replaced upon completion
Se
e

S
h
e
e
t

4
Proposed anti-seep collar to be
installed at the downstream and
upstream side of the wetland
crossing. Collars shall be
installed per state standards
Intermittent Stream C
±271 LF
Intermittent Stream B
±76 LF
Figure 9
690
695
700
705
710
690
695
700
705
710
10+00 11+00 11+50
Wetland Complex A Sewer Profile
STA: 10+00.00 TO 11+50.00
MERRICK
Ver: 1" = 4' 2 40
Hor: 1" = 40'
74.0'
Temporary Impact
Existing Grade
Prop. 8" San. Sewer
20 400
Proposed anti-seep collar to be
installed at the downstream and
upstream side of the wetland
crossing. Collars shall be
installed per state standards
Figure 10
MERRICK
15 300
Scale: 1" = 30'
Wetlands Complex A
±3940 SF (0.09 AC)
Permanent Impact
Prop. Retaining Wall
Rock Haven Drive
Ex. San. SewerSee Sheet 6Figure 11
8'5'1'11'1'
708.02
710.00
712.00
712.66712.50 712.66BOCPlanting Strip Sidewalk
Retaining Wall
Wetlands
Permanent Impact
Varies (0' to 29')10' (typ)
703.82
Wetland Complex A
Wall Profile
MERRICK
Not to Scale
Figure 12
MERRICKMERRICK
100 2000
Scale: 1" = 200'
Sutton Farms
Phase 1
Project Boundary
Pen
n
yr
o
y
al
W
a
yTrayno
r
Road
Ex. San. Sewer
with 15' Esmt
Sutton Farms
Phase 1
100 2000
Treesave Area
Figure 13
11/20/18Updated 5/29/19Drawn By:Reviewed By:NRNLSRDATE:FIGURE NO. 7SUTTON FARMS PHASES II & III Mecklenburg Co., NC DELINEATION MAP – WATERS OF THE U.S.EXISTING CONDITIONS STUDY SUBJECT TO USACE VERIFICATIONPROJECT BOUNDARY STUDY LIMITS (Phase II) PERENNIAL STREAM D - lf INTERMITTENT STREAM B - lf WETLAND A -0.9 ac CULVERT INTERMITTENT STREAM C - lf PROJECT BOUNDARY STUDY LIMITS (Phase III) INTERMITTENT STREAM G - lf WETLAND H /HH -0. ac INTERMITTENT STREAM F -5 lf PERENNIAL STREAM E (Gum Branch) - lf NCDEQ STREAM FORM E USACE WETAND FORM A USACE WETAND FORM UPLAND DPF 123414
Threatened / Endangered / Protected Species
Evaluation
For:Sutton Farms Phase 2 & 3
Mecklenburg County, North Carolina
By: Lisa R. Gaffney
March 24, 2019
Sutton Farms Phase 2&3 - Threatened / Endangered / Protected Species Evaluation
22
GENERAL LANDSCAPE DESCRIPTION:
The Sutton Farms Site (+/- 36.55 acres) is located just south of Pleasant Grove
Road and just east of Clinton Road in Mecklenburg County, North Carolina. It
can be found on the Mountain Island Lake NC USGS Topographic Quadrangle
Map; latitude is 35.3079 N, longitude is -80.9193 W. The topography is flat to
moderately sloped. The elevation ranges from 690 to 730 ft. (Figure 1). The site
is primarily covered with successional mixed pine and hardwood forest, with
slopes and drainages flowing into Gum Branch. A large power transmission line
bisects part of the site. Another portion of the site is currently utilized as a sports
field.
Figure 1:
Sutton Farms Phase 2&3 - Threatened / Endangered / Protected Species Evaluation
33
METHODOLOGY:
The US Fish and Wildlife Service website
https://www.fws.gov/raleigh/species/cntylist/nc_counties.html was referenced to
determine the occurrence of Threatened, Endangered and Protected species for
Mecklenburg County, North Carolina, the results of which are listed below (Table
1). Maps and aerial photographs were assembled, and the site was investigated
during the week of March 18, 2019
Table 1: Threatened / Endangered / Protected Species listed for
Mecklenburg County
County: Mecklenburg, NC
*Source: US Fish & Wildlife Service
**Data search on March 18, 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
Sutton Farms Phase 2&3 - Threatened / Endangered / Protected Species Evaluation
44
A total of three plant species with federal protection are listed as potentially
occurring in Mecklenburg County:
Schweinitz’s Sunflower (Helianthus schweinitzii), listed as Federally
Endangered, is typically found in open habitats which historically have
been maintained by wildfires and grazing bison and elk herds. Now most
occurrences are limited to roadsides, woodland and field edges, and utility
rights-of-way (ROW).
Smooth Coneflower (Echinacea laevigata), listed as Federally
Endangered, is typically found in open woods, cedar barrens, roadsides,
clear cuts, dry limestone bluffs and power line rights-of-way, requiring
abundant sunlight and little competition from other plant species.
Michaux’s Sumac (Rhus michauxii), listed as Federally Endangered,
requires habitat of sandy forests and woodland edges. This species
requires periodic fire as a part of its ecology.
A total of four animal species with federal protection are listed as potentially
occurring in Mecklenburg County:
Bald Eagle (Haliaeetus leucocephalus), protected by the Bald and Golden
Eagle Protection Act, typically inhabits forested areas near large bodies of
open water such as lakes, marshes, seacoasts and rivers, where there are
suitable fish populations and tall trees for nesting and roosting.
Carolina Heelsplitter (Lasmigona decorata), listed as Federally
Endangered, is restricted to cool, clean, well-oxygenated water. Stable,
silt- free stream beds are required for this species. Typically stable areas
occur where the stream banks are well-vegetated with trees and shrubs.
Northern Long-eared Bat (Myotis septentrionalis), listed as Federally
Threatened. During summer, northern long-eared bats roost singly or in
colonies underneath bark, in cavities, or in crevices of both live and dead
trees. Males and non-reproductive females may also roost in cooler
places, like caves and mines. It has also been found, rarely, roosting in
structures like barns and sheds. Northern long-eared bats spend winter
hibernating in caves and mines, called hibernacula.
Rusty-patched Bumble Bee (Bombus affinis), listed as Federally
Endangered, live in colonies that include a single queen and female
workers. Rusty-patched Bumble Bees historically occupied grasslands
and tallgrass prairies. Bumble bees need areas that provide nectar and
pollen from flowers, nesting sites (underground and abandoned rodent
cavities or clumps of grasses), and overwintering sites for hibernating
queens (undisturbed soil).
Sutton Farms Phase 2&3 - Threatened / Endangered / Protected Species Evaluation
55
RESULTS:
The portion of the site east of Clinton Road is primarily covered with successional
mixed pine and hardwood forest, with slopes and drainages flowing into Gum
Branch. A large power transmission line bisects part of the site. Another portion
of the site off Pleasant Grove Road has been used as a sports field.
The forest on the slopes and drainages has an average diameter at breast height
(dbh) for the canopy trees of 12 inches, with larger trees present. Canopy trees
include Virginia Pine (Pinus virginiana), Shortleaf Pine (P.echinata), Sweetgum
(Liquidambar styraciflua), Tulip Poplar (Liriodendron tulipifera), Willow Oak (Q.
phellos), White Oak (Quercus alba), Post Oak (Q. stellata), Red Oak (Q. rubra),
Southern Red Oak (Q. falcata), Mockernut Hickory (Carya tomentosa),
Hackberry (Celtis laevigata), American Elm (Ulmus americana), Sycamore
(Platanus occidentalis), and White Ash (Fraxinus americana). The subcanopy is
composed of American Holly (Ilex opaca), Flowering Dogwood (Cornus florida),
Black Cherry (Prunus serotina), Mulberry (Morus rubra), Eastern Red Cedar
(Juniperus virginiana), Redbud (Cercis canadensis), and Black Gum (Nyssa
sylvatica). The shrub layer includes Chinese Privet (Ligustrum sinense), Black
Haw (Viburnum prunifolium), Strawberry Bush (Euonymus americanus),
Blueberry (Vaccinium spp.), and Russian Olive (Elaeagnus angustifolia). Vines
present are Japanese Honeysuckle (Lonicera japonica), Virginia Creeper
(Parthenocissus quinquefolia), Muscadine (Vitis rotundifolia), Catbrier (Smilax
sp.), and Poison Ivy (Toxicodendron radicans). The herb layer includes
Christmas Fern (Polystichum acrostichoides), Ebony Spleenwort (Asplenium
platyneuron), Spotted Wintergreen (Chimaphila maculata), Running Pine
(Lycopodium flabelliforme), Downy Rattlesnake Plantain (Goodyera pubescens),
and Japanese Stilt Grass (Microstegium vimineum).
The assemblage of plants growing in the transitional areas around the property
boundaries and on the power line right of way includes scrub/shrub habitat with
small saplings of Red Cedar and Pine with shrubs of Groundsel Tree (Baccharis
halimnifolia), Smooth Sumac (Rhus glabra), and Blackberry (Rubus spp.). Herbs
include Sericea Lespedeza (Lespedeza cuneata), Goldenrod (Solidago sp.),
Broomsedge (Andropogon virginicus), Johnson Grass (Sorghum halepense),
Splitbeard (A. ternarius), Beggars Ticks (Desmodium sp.), Thoroughwort
(Eupatorium sp.), St. John’s Wort (Hypericum punctatum), and Henbit (Lamium
amplexicaule).
Sutton Farms Phase 2&3 - Threatened / Endangered / Protected Species Evaluation
66
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
(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
March 24, 2019
Sutton Farms Phase 2&3 - Threatened / Endangered / Protected Species Evaluation
77
Curriculum Vitae for:
Lisa R. Gaffney
Biologist / Botanist
B.S. Biology, University of North Carolina at Charlotte
Ms. Gaffney is a classically trained botanist and natural resource biologist and has
conducted field work and investigative studies covering thousands of cumulative acres in
both North and South Carolina since 1996, including:
Cabarrus County NC Natural Heritage Inventory 1997-1998. Organized,
directed, and worked in field survey of natural areas in Cabarrus County for the
North Carolina Natural Heritage Program.
Lincoln County NC Natural Heritage Inventory 2000-2001. Organized, directed,
and worked in field survey of natural areas in Lincoln County for the North
Carolina Natural Heritage Program.
Threatened and Endangered Species Surveys and Natural Communities
Evaluation for over 45,000 acres in North and South Carolina, 1996 - present.
Located and identified at least six previously unreported populations of Federally
Endangered Schweinitz's Sunflower (Helianthus schweinitzii).
Located and identified four previously unreported populations of
Threatened Dwarf Heartleaf (Hexastylis naniflora).
Located a previously unknown population of Federally Endangered Schweinitz's
Sunflower at Redlair Farm in Gaston County, NC. This discovery led (in part) to
the purchase of the site by the State of North Carolina Plant Conservation
Program, now called Redlair Preserve. This population has become a Recovery
Site for the species.
Participated in numerous Piedmont Prairie restoration projects in Mecklenburg,
Union, Cabarrus and Gaston Counties, North Carolina.