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HomeMy WebLinkAbout20081155 Ver 5_PCN Form Submission_20190816DWR IDIOM n of Water Resources Pre -Construction Notification (PCN) Form September 29, 2018 Ver 3 tial Review Has this project met the requirements for acceptance in to the review process?* r Yes r No Is this project a public transportation project?* C Yes r No Change only if needed. BIMS # Assigned 20081155 Is a payment required for this project?* r No payment required r Fee received r Fee needed - send electronic notification Reviewing Office* Mooresville Regional Office - (704) 663-1699 Information for Initial Review 1a. Name of project: Kellswater 1a. Who is the Primary Contact?* Daniel Kuefler 1b. Primary Contact Email:* daniel.kuefler@\Aetlands-epg.com Date Submitted 8/16/2019 Nearest Body of Water Irish Buffalo Creek Basin Yadkin-PeeDee Water Classification C Site Coordinates Latitude: 35.4665 FA. Processina Information County (or Counties) where the project is located: Cabarrus Is this project a public transportation project?* r Yes r No Longitude: -80.6658 1a. Type(s) of approval sought from the Corps: * Section 404 Permit (wetlands, streams and waters, Clean Water Act) r Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) 1b. What type(s) of permit(s) do you wish to seek authorization? rJ Nationwide Permit (NWP) F- Regional General Permit (RGP) F Standard (IP) Version# * 5 What amout is owed?* r• $240.00 * $570.00 Select Project Reviewer* Alan Johnson:eads\adjohnson1 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: W 401 Water Quality Certification - Regular F Non -404 Jurisdictional General Permit F Individual Permit 29 - Residential Developments r 401 Water Quality Certification - Express r Riparian Buffer Authorization 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: 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 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? r- Yes r No Acceptance Letter Attachment ILF Acceptance _duplicate.pdf 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 FB, Applicant Information 1d. Who is applying for the permit? R Owner r Applicant (other than owner) 1e. Is there an Agent/Consultant for this project? r^ Yes r No 2. Owner Information 2a. Name(s) on recorded deed: MPV Properties 2b. Deed book and page no.: 2c. Responsible party: Ken Chapman 2d. Address Street Address 2400 South Blvd Address line 2 CKY Charlotte Postal / Zip Cade 28203 2e. Telephone Number: (704)561-5238 2g. Email Address:* daniel.kuefler@vvetiands-epg.com C. Project Information and Prior Project History 1. Project Information r Yes r No r Yes r No 113.94KB State / Rwince / fbgim NC Country USA 2f. Fax Number: 1b. Subdivision name: ff appropriate) 1c. Nearest municipality/ town: Kannapolis 2. Project Identification 2a. Property Identification Number: 2b. Property size: Please see attached parcel map 18.9 2c. Project Address Street Address SE of intersection of Kannapolis Pkwy & Rogers Lake Rd Address Line 2 City State/ Ftwince/ Pagion Kannapolis NC Postal / Zip Code Country USA 3. Surface Waters 3a. Name of the nearest body of water to proposed project:" Irish Buffalo Creek 3b. Water Resources Classification of nearest receiving water:* C 3c. What river basin(s) is your project located in?* Yadkin -Pee Dee 3d. Please provide the 12 -digit HUC in which the project is located. 030401050203 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 topography consists of gently sloped upland graded into moderate slopes draining NW towards an unnamed tributary to Irish Buffalo Creek. The site is in primary succession dominated by field weeds and has been maintained by grading and clearing for development. General land use in the vicinity is a mixture undeveloped land and residential/ commercial 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 4c. If yes, please give the DWR Certification number or the Corps Action ID (exp. SAW -0000-00000). SAW -2008-02224 Project History Upload 4d. Attach an 8 1/2 X 11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site. (for DWR) USGS Map _duplicate.pdf 160.39KB 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 436.69KB 4f. List the total estimated acreage of all existing wetlands on the property: 0.16 4g. List the total estimated linear feet of all existing streams on the property: 252 4h. Explain the purpose of the proposed project:* The project consists of one road crossing, grading, fill & sewer installation 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 581.75KB 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* r Yes r No C Unknown Comments: 5b. If the Corps made a jurisdictional determination, what type of determination was made?* r Preliminary r Approved r Not Verified r Unknown r N/A Corps AID Number: SAW -2008-02224 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Nic Nelson / Pat Kealy Agency/Consultant Company: WEPG Other: 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made bythe Corps or DWR A Preliminary Jurisdictional Determination was approved by Steven Lund (USACE) on 8/21/2008 (SAW -2008-02224). A pre -application site meetingwas conducted on 5/15/2019 during which the site was field -verified by Catherine Janiczak (USACE). 5d1. Jurisdictional determination upload Delineation Map _duplicate.pdf 4.19MB 6. Future Project Plans 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): P Wetlands W Streams -tributaries r Buffers F- Open Waters r Pond Construction 2. Wetland Impacts 2a1 Reason M 2b. Impact type * (?) 2c. Type of W.* 2d. W. name * 2e. Forested* 2f. Type of J12g. Impact Jurisdicition*(?) area* W1 fill P Rivenne Swamp Forest Wetland A/AA Corps 0.160 (acres) 2g. Total Temporary Wetland Impact 2g. Total Permanent Wetland Impact 0.000 0.160 2g. Total Wetland Impact 0.160 2h. Comments: Wetland A is a pool that has inundated behind a blocked culvert and has naturalized over time. The impact to this wetland is unavoidable due to a residential roadway connection to a pre-existing road stub that is being required by the City of Kannapolis. 3. Stream Impacts ❑ 3a. Reason for impact (?) 3b.lmpact type * 3c. Type of impact* 3d. S. name * 3e. Stream Type * 3f. Type of 3g. S. width * 3h. Impact (?) Jurisdiction* length* S1 sewerline install Temporary Dewatering Stream C Perennial Corps T;���:] 31. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 3i. Total temporary stream impacts: 0 31 31. Total stream and ditch impacts: 31 3j. Comments: Temporary impacts to Stream C are required for the installation of a sanitary sewer crossing to serve the proposed residential development. The impacted section will be restored to pre-existing conditions per the attached bank stabilization exhibit. 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 wetland, opportunities to avoid these areas were limited. Impacts to site surface waters associated with the proposed development were limited through site selection, location, design, & location/orientation of the proposed lots and access routes. The impact to the onsite naturalized wetland feature is unavoidable to a residential roadway connection to a pre-eAsting road stub that is being required by the City of Kannapolis. 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 2c. If yes, mitigation is required by (check all that apply): F' DWR W Corps 2d. If yes, which mitigation option(s) will be used for this project? F_ Mitigation bank W Payment to in -lieu fee r Permittee Responsible program Mitigation 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. r Yes r No 4b. Stream mitigation requested: (I near feet) 4d. Buffer mitigation requested (DWR only): (square feet) 4f. Non -riparian wetland mitigation requested: (acres) 4c. If using stream mitigation, what is the stream temperature: 4e. Riparian wetland mitigation requested: (acres) 0.16 49. Coastal (tidal) wetland mitigation requested: (acs) 4h. Comments A 1 :1 ratio is proposed for the wetland impacts. Please refer to the attached NCWAM form and cover letter for details. F. Stormwater Management and Diffuse Flow Plan (required by DWR) 1. Diffuse Flow Plan 1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? r Yes r No If no, explain why: 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?* r Yes r No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? r Yes r No 2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater program? r Yes r No 2d. Which of the following stormwater management program(s) apply: R Local Government r State Local Government Stormwater Programs W Phase II r NSW r USMP r Water Supply Please identify which local government stormwater program you are using. City of Kannapolis Comments: Storm water on the site will be handled by facilities shown on the attached plans. The stormwater plan has not yet been submitted to the City of Kannapolis but will be designed to meet their criteria. G. Supplementary Information 1. Environmental Documentation 1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?* r Yes r No 2. Violations (DWR Requirement) 2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15ANCAC 2B.0200)?* r Yes r No 3. Cumulative Impacts (DWR Requirement) 3a. Will this project result in additional development, which could impact nearby downstream water quality?* r^ Yes r No 3b. If you answered "no," provide a short narrative description. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* r Yes r 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 on the site will be transported to the nearest treatment facility via sewer lines. 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or habitat? r Yes r No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* r Yes r No 5d. Is another Federal agency involved?* r Yes r No r Unknown 5e. Is this a DOT project located within Division's 1-8? r^ Yes r No 5f. Will you cut 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 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 207.94KB 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?* r Yes r No 8c. What source(s) did you use to make the floodplain determination?* https://gis.cabarruscounty.us/rnycabarrusgis; m wv.fema.gov Miscellaneous Comments A complete, compiled PCN and PJD Request packet is attached. This includes an ORM, cover letter, authorizations, forms, photos, datasheets and other supporting information. Miscellaneous attachments not previously requested. Kellswater PCN 081619 Compiled.pdf Signature W By checking the box and signing below, I certify that: 5.2MB . 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 8/16/2019 Ken Chapman MPV Properties 2400 South Blvd, Charlotte, NC, 28203 704-561-5238 KChapman@MPVRE.com ROY COOPER Governor MICHAEL S. REGAN Secretory TIM BAUMGARTNER Director Ken Chapman MPV Properties 2400 South Blvd, Ste 300 Charlotte, NC 28203 Project: Kellswater NORTH CAROLINA Envkonmentaf Quaffty August 14, 2019 Expiration of Acceptance: 2/14/2020 County: Cabarrus The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to accept payment for compensatory mitigation for impacts associated with the above referenced project as indicated in the table below. Please note that this decision does not assure that participation in the DMS in - lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will be approved. You must also comply with all other state, federal or local government permits, regulations or authorizations associated with the proposed activity including G.S. § 143-214.11. This acceptance is valid for six months from the date of this letter and is not transferable. If we have not received a copy of the issued 404 Permit/401 Certification within this time frame, this acceptance will expire. It is the applicant's responsibility to send copies of the permits to DMS. Once DMS receives a copy of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the in -lieu fee to be paid by an applicant is calculated based upon the Fee Schedule and policies listed on the DMS website. Based on the information supplied by you in your request to use the DMS, the impacts for which you are requesting compensatory mitigation credit are summarized in the following table. The amount of mitigation required and assigned to DMS for this impact is determined by permitting agencies and may exceed the impact amounts shown below. River Basin I Impact Location Impact Type Impact Quantity 8 -di it HUC Yadkin 03040105 Riparian Wetland 0.16 Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The mitigation will be performed in accordance with the In -Lieu Fee Program instrument dated July 28, 2010 and 15A NCAC 02B .0295 as applicable. Thank you for your interest in the DMS in -lieu fee mitigation program. If you have any questions or need additional information, please contact Kelly Williams at (919) 707-8915. cc: Daniel Kuefler, agent Sincerely, — Jae . B Stanfill Ass Management Supervisor e:!! 1 5 d SJ� North Carolina Department of Environmental Quality I Division of tvritigation Services 217 W. Jones Street 116V Mail Service Center I Raleigh, North Carolina 27699-1652 919.707.8976 FIGURE NO. 4 Kellswater Cabarrus Co., NC ͑ ͑ SOIL MANUSCRIPT MAP -WATERS OF THE U.S.- EXISTING CONDITIONS STUDY SUBJECT TO USACE/NCDEQ VERIFICATION ͑ ͑ DATE: 8/15/19 Drawn By: LSR DCK Reviewed By: APPROXIMATE PROJECT BOUNDARY STUDY LIMITS FIGURE NO. 3 Kellswater Cabarrus Co., NC ͑ ͑ USGS MAP -WATERS OF THE U.S.- EXISTING CONDITIONS STUDY SUBJECT TO USACE/NCDEQ VERIFICATION ͑ ͑ DATE: 8/15/19 Drawn By: LSR DCK Reviewed By: APPROXIMATE PROJECT BOUNDARY STUDY LIMITS LOCATION Lat: 35.4665 ºN Long: -80.6658 ºW HUC: 03040105 (Rocky) USGS QUAD Kannapolis, NC SCALE 1:24,000 ACRES 18.5 Irish Buffalo Creek PRELIMINARY - NOT RELEASED FOR CONSTRUCTION, RECORDATION, CONVEYANCES, OR SALESFILE PATH:M:\Projects\MPV Properties\2019020700CL - Kellswater Commons Wetlands Permitting\CADD\Plan Set\Townhomes Only Wetland Permitting\2019020700_C_EX CONDITIONS & DEMO - WETLAND.dwg, ELANDEROS, 8/8/2019 5:44:53 PM616 COLONNADE DRCHARLOTTE, NC 28205(t)(704) 334-5348(f)(704) 334-0078WWW.WKDICKSON.COMNC LICENSE NO.F-0374WGBETSESLJUNE 201920190207.00.CLKELLSWATER COMMONSFOR MPV PROPERTIESIN KANNAPOLIS, NCWETLANDS EXHIBIT - EXISTING CONDITIONSG1.0WKD PROJ. NO.:DRAWING NUMBER:PROJ. DATE:PROJ. MGR.:DESIGN BY:DRAWN BY:PROJECT NAME:DRAWING TITLE:COPYRIGHT ©, W.K. DICKSON & CO., INC. ALL RIGHTS RESERVED. REPRODUCTION OR USE OF THE CONTENTS OF THIS DOCUMENT; ADDITIONS ORDELETIONS TO THIS DOCUMENT, IN WHOLE OR IN PART, WITHOUT WRITTEN CONSENT OF W.K. DICKSON & CO., INC., IS PROHIBITED. ONLY COPIESFROM THE ORIGINAL OF THIS DOCUMENT, MARKED WITH AN ORIGINAL SIGNATURE AND SEAL SHALL BE CONSIDERED TO BE VALID, TRUE COPIES.community infrastructure consultants250'0 500'RSOD BUFFER (TYP.)WETLAND A/AAAPPROX. 0.16 AC.(6,897 SQFT.)PERENNIAL STREAM CAPPROX. 252 LFPROPERTYBOUNDARY (TYP.)APPROXIMATE LOCATION OFEXISTING STORMWATER BMPAPPROX. 2.18 AC.(95,175 SQFT.)EXISTING UTILITYSTRUCTURE (TYP.)Figure 7 PRELIMINARY - NOT RELEASED FOR CONSTRUCTION, RECORDATION, CONVEYANCES, OR SALESFILE PATH:M:\Projects\MPV Properties\2019020700CL - Kellswater Commons Wetlands Permitting\CADD\Plan Set\Townhomes Only Wetland Permitting\2019020700_C_GRADING OVERALL - WETLAND.dwg, ELANDEROS, 8/8/2019 5:44:55 PM616 COLONNADE DRCHARLOTTE, NC 28205(t)(704) 334-5348(f)(704) 334-0078WWW.WKDICKSON.COMNC LICENSE NO.F-0374KELLSWATER COMMONSFOR MPV PROPERTIESIN KANNAPOLIS, NCWETLANDS EXHIBIT - OVERALL SITEPLANWKD PROJ. NO.:DRAWING NUMBER:PROJ. DATE:PROJ. MGR.:DESIGN BY:DRAWN BY:PROJECT NAME:DRAWING TITLE:COPYRIGHT ©, W.K. DICKSON & CO., INC. ALL RIGHTS RESERVED. REPRODUCTION OR USE OF THE CONTENTS OF THIS DOCUMENT; ADDITIONS ORDELETIONS TO THIS DOCUMENT, IN WHOLE OR IN PART, WITHOUT WRITTEN CONSENT OF W.K. DICKSON & CO., INC., IS PROHIBITED. ONLY COPIESFROM THE ORIGINAL OF THIS DOCUMENT, MARKED WITH AN ORIGINAL SIGNATURE AND SEAL SHALL BE CONSIDERED TO BE VALID, TRUE COPIES.community infrastructure consultantsWGBETSESLJUNE 201920190207.00.CLG2.0250'0 500'RSOD BUFFER (TYP.)WETLAND A/AAAPPROX. 0.16 AC.(6,897 SQFT.)PERENNIAL STREAM CAPPROX. 252 LFPROPERTYBOUNDARY (TYP.)APPROXIMATE LOCATION OFEXISTING STORMWATER BMPAPPROX. 2.18 AC.(95,175 SQFT.)EXISTING UTILITYSTRUCTURE (TYP.)PROP. CITY REQUIREDROAD CONNECTION TOFUTURE COMMERCIAL SITEAPPROX. LOCATIONOF PROP. SANITARYSEWER (TYP.)APPROX. LOCATION OF PROP.STORMWATER DRAINAGE OUTFALL(LOCATION SUBJECT TO CHANGE)APPROX. LOCATION OF PROP.STORMWATER OUTFALL CHANNEL(LOCATION SUBJECT TO CHANGE)APPROXIMATE LOCATION OF PROPOSEDOPEN CUT FOR SEWER INSTALLATION(LOCATION SUBJECT TO CHANGE)Figure 8 PRELIMINARY - NOT RELEASED FOR CONSTRUCTION, RECORDATION, CONVEYANCES, OR SALESFILE PATH:M:\Projects\MPV Properties\2019020700CL - Kellswater Commons Wetlands Permitting\CADD\Plan Set\Townhomes Only Wetland Permitting\2019020700_C_GRADING OVERALL - WETLAND.dwg, ELANDEROS, 8/8/2019 5:44:56 PM616 COLONNADE DRCHARLOTTE, NC 28205(t)(704) 334-5348(f)(704) 334-0078WWW.WKDICKSON.COMNC LICENSE NO.F-0374WKD PROJ. NO.:DRAWING NUMBER:PROJ. DATE:PROJ. MGR.:DESIGN BY:DRAWN BY:PROJECT NAME:DRAWING TITLE:COPYRIGHT ©, W.K. DICKSON & CO., INC. ALL RIGHTS RESERVED. REPRODUCTION OR USE OF THE CONTENTS OF THIS DOCUMENT; ADDITIONS ORDELETIONS TO THIS DOCUMENT, IN WHOLE OR IN PART, WITHOUT WRITTEN CONSENT OF W.K. DICKSON & CO., INC., IS PROHIBITED. ONLY COPIESFROM THE ORIGINAL OF THIS DOCUMENT, MARKED WITH AN ORIGINAL SIGNATURE AND SEAL SHALL BE CONSIDERED TO BE VALID, TRUE COPIES.community infrastructure consultants500 100SCALE: 1" = 50'IMPACT AWETLANDS A/AAAPPROX. 0.16 AC.DISTURBANCE(6,897 SQ.FT.)KELLSWATER COMMONSFOR MPV PROPERTIESIN KANNAPOLIS, NCWETLANDS EXHIBIT - IMPACT AWGBETSESLJUNE 201920190207.00.CLG3.0PROPERTYBOUNDARY (TYP.)Figure 9 PRELIMINARY - NOT RELEASED FOR CONSTRUCTION, RECORDATION, CONVEYANCES, OR SALESFILE PATH:M:\Projects\MPV Properties\2019020700CL - Kellswater Commons Wetlands Permitting\CADD\Plan Set\Townhomes Only Wetland Permitting\2019020700_C_GRADING OVERALL - WETLAND.dwg, ELANDEROS, 8/8/2019 5:44:57 PM616 COLONNADE DRCHARLOTTE, NC 28205(t)(704) 334-5348(f)(704) 334-0078WWW.WKDICKSON.COMNC LICENSE NO.F-0374WKD PROJ. NO.:DRAWING NUMBER:PROJ. DATE:PROJ. MGR.:DESIGN BY:DRAWN BY:PROJECT NAME:DRAWING TITLE:COPYRIGHT ©, W.K. DICKSON & CO., INC. ALL RIGHTS RESERVED. REPRODUCTION OR USE OF THE CONTENTS OF THIS DOCUMENT; ADDITIONS ORDELETIONS TO THIS DOCUMENT, IN WHOLE OR IN PART, WITHOUT WRITTEN CONSENT OF W.K. DICKSON & CO., INC., IS PROHIBITED. ONLY COPIESFROM THE ORIGINAL OF THIS DOCUMENT, MARKED WITH AN ORIGINAL SIGNATURE AND SEAL SHALL BE CONSIDERED TO BE VALID, TRUE COPIES.community infrastructure consultants500 100SCALE: 1" = 50'KELLSWATER COMMONSFOR MPV PROPERTIESIN KANNAPOLIS, NCWETLANDS EXHIBIT - TEMPORARY IMPACT BWGBETSESLJUNE 201920190207.00.CLG3.1PROPERTYBOUNDARY (TYP.)APPROX. LOCATION OFPROPOSED CONNECTION TOEXISTING SANITARY SEWER.TEMPORARY IMPACT BAPPROX. 31 LF STREAMDISTURBANCEAPPROXIMATE LOCATION OFPROPOSED SANITARY SEWER (TYP.)(LOCATION SUBJECT TO CHANGE)RSOD BUFFER (TYP.)PROPOSED OPEN CUT FORSEWER INSTALLATION(LOCATION SUBJECT TO CHANGE)PERENNIAL STREAM CAPPROX. 252 LFEX. SANITARYSEWER (TYP.)EX. SANITARY SEWEREASEMENT (TYP.)30'30'Figure 10 PRELIMINARY - NOT RELEASED FOR CONSTRUCTION, RECORDATION, CONVEYANCES, OR SALESFILE PATH:M:\Projects\MPV Properties\2019020700CL - Kellswater Commons Wetlands Permitting\CADD\Plan Set\Townhomes Only Wetland Permitting\2019020700_C_GRADING OVERALL - WETLAND.dwg, ELANDEROS, 8/8/2019 5:44:57 PM616 COLONNADE DRCHARLOTTE, NC 28205(t)(704) 334-5348(f)(704) 334-0078WWW.WKDICKSON.COMNC LICENSE NO.F-0374WKD PROJ. NO.:DRAWING NUMBER:PROJ. DATE:PROJ. MGR.:DESIGN BY:DRAWN BY:PROJECT NAME:DRAWING TITLE:COPYRIGHT ©, W.K. DICKSON & CO., INC. ALL RIGHTS RESERVED. REPRODUCTION OR USE OF THE CONTENTS OF THIS DOCUMENT; ADDITIONS ORDELETIONS TO THIS DOCUMENT, IN WHOLE OR IN PART, WITHOUT WRITTEN CONSENT OF W.K. DICKSON & CO., INC., IS PROHIBITED. ONLY COPIESFROM THE ORIGINAL OF THIS DOCUMENT, MARKED WITH AN ORIGINAL SIGNATURE AND SEAL SHALL BE CONSIDERED TO BE VALID, TRUE COPIES.community infrastructure consultants500 100SCALE: 1" = 50'KELLSWATER COMMONSFOR MPV PROPERTIESIN KANNAPOLIS, NCWGBETSESLJUNE 201920190207.00.CLWETLANDS EXHIBIT - STORMWATER OUTFALLG3.2PROPERTYBOUNDARY (TYP.)APPROXIMATE LOCATION OFEXISTING STORMWATER BMPAPPROX. 2.18 AC.(95,175 SQFT.)RSOD BUFFER (TYP.)PROP. STORMWATEROUTFALL (TYP.)APPROX. LOCATION OF PROP.STORMWATER DRAINAGE OUTFALL(LOCATION SUBJECT TO CHANGE)APPROX. LOCATION OF PROP.PERMANENT STORMWATEROUTFALL CHANNEL (LOCATIONSUBJECT TO CHANGE)PROPOSED DEVELOPMENT'S STORMWATER WILLBE CONVEYED THROUGH STORM DRAINAGE ANDDISCHARGED INTO EX. STORMWATER POND VIAPROPOSED STORMWATER OUTFALL.APPROXIMATE LOCATION OFPROPOSED SANITARY SEWER (TYP.)(LOCATION SUBJECT TO CHANGE)Figure 11 PRELIMINARY - NOT RELEASED FOR CONSTRUCTION, RECORDATION, CONVEYANCES, OR SALESFILE PATH:M:\Projects\MPV Properties\2019020700CL - Kellswater Commons Wetlands Permitting\CADD\Plan Set\Townhomes Only Wetland Permitting\2019020700_C_GRADING OVERALL - WETLAND.dwg, ELANDEROS, 8/8/2019 5:44:58 PM616 COLONNADE DRCHARLOTTE, NC 28205(t)(704) 334-5348(f)(704) 334-0078WWW.WKDICKSON.COMNC LICENSE NO.F-0374WKD PROJ. NO.:DRAWING NUMBER:PROJ. DATE:PROJ. MGR.:DESIGN BY:DRAWN BY:PROJECT NAME:DRAWING TITLE:COPYRIGHT ©, W.K. DICKSON & CO., INC. ALL RIGHTS RESERVED. REPRODUCTION OR USE OF THE CONTENTS OF THIS DOCUMENT; ADDITIONS ORDELETIONS TO THIS DOCUMENT, IN WHOLE OR IN PART, WITHOUT WRITTEN CONSENT OF W.K. DICKSON & CO., INC., IS PROHIBITED. ONLY COPIESFROM THE ORIGINAL OF THIS DOCUMENT, MARKED WITH AN ORIGINAL SIGNATURE AND SEAL SHALL BE CONSIDERED TO BE VALID, TRUE COPIES.community infrastructure consultants500 100SCALE: 1" = 50' HKELLSWATER COMMONSFOR MPV PROPERTIESIN KANNAPOLIS, NCWETLANDS EXHIBIT - TEMPORARY IMPACT BCROSS-SECTIONWGBETSESLJUNE 201920190207.00.CLG4.0PROPOSED OPEN CUT FORSEWER INSTALLATIONINV IN: 682.05INV OUT: 681.85EXISTING GRADE (TYP.)10020SCALE: 1" = 10' V8" PVCAPPROX. 79 LF @ 0.60%APPROX. STREAMCENTERLINE (TYP.)INV IN: 687.85INV OUT: 682.52Figure 12 Threatened / Endangered / Protected Species Evaluation For:Kellswater Cabarrus County, North Carolina By: Lisa R. Gaffney August 15, 2019 Kellswater - Threatened / Endangered / Protected Species Evaluation 222 GENERAL LANDSCAPE DESCRIPTION: The Kellswater site (+/- 18.5 acres) is located just east of Kannapolis Parkway; and just south of Rogers Lake Road; in Cabarrus County, North Carolina. It can be found on the Kannapolis, NC USGS Topographic Quadrangle Maps; latitude is 35.4665 N, longitude is -80.6658 W. The topography is gently to moderately sloped. The elevation ranges from 690 to 770 ft. (Figure 1). The site is in various stages of primary succession from major disturbance in the recent past. A large overhead power line traverses the perimeter of the northeast boundary, and a smaller power line parallels the roadside corridor along Kannapolis Parkway. Figure 1: Kellswater - Threatened / Endangered / Protected Species Evaluation 3333 METHODOLOGY: The US Fish and Wildlife Service website https://www.fws.gov/raleigh/species/cntylist/nc_counties.html was referenced to determine the occurrence of Threatened, Endangered and Protected species for Cabarrus 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 August 11, 2019. Table 1: Threatened / Endangered / Protected Species listed for Cabarrus County, NC County: Cabarrus, NC *Source: US Fish & Wildlife Service **Data search on August 12, 2019 Group Name Federal Status Record Status Vascular Plants Schweinitz's sunflower (Helianthus schweinitzii) Endangered Current Vertebrate Northern Long-Eared Bat (Myotis septentrionalis) Threatened Probable/Potential Vertebrate Bald Eagle (Haliaeetus leucocephalus)Protected Current Invertebrate Carolina Heelsplitter (Lasmigona decorata)Endangered Historic Kellswater - Threatened / Endangered / Protected Species Evaluation 444 SPECIES DESCRIPTIONS: One plant species with federal protection was 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). A total of three animal species with federal protection are listed as potentially occurring in Cabarrus 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. RESULTS: The site is in a highly disturbed state from past timbering and rough grading. It is in various stages of primary succession. A large overhead power line traverses the perimeter of the northeast boundary, and a smaller power line parallels the roadside corridor along Kannapolis Parkway. The flatter uplands are covered primarily with herbaceous vegetation, including typical grasses and pea family species used for soil stabilization on disturbed land. The dominant species overall is Sericea Lespedeza (Lespedeza cuneata), with Switchgrass (Panicum virgatum), Goldenrod (Solidago sp.), Broomsedge (Andropogon virginicus), Splitbeard (A. ternarius), Groundsel (Senicio sp.), Thoroughwort (Eupatorium sp.), St. John’s Wort (Hypericum punctatum), and Dogbane (Apocynum cannabinum). Kellswater - Threatened / Endangered / Protected Species Evaluation 5555 The remainder of the site is covered with a sucessional scrub/shrub community composed of pine and hardwood saplings and young trees, and blackberry and woody vine thickets. Dominant species present include Winged Elm, (Ulmus alata), Red Maple (Acer rubrum), Honey Locust (Gleditsia triacanthhos), Sweetgum (Liquidambar styraciflua), Shortleaf Pine (Pinus echinata), Virginia Pine (Pinus virginiana), Red Cedar (Juniperus virginiana), Black Cherry (Prunus serotina), Persimmon (Diospyros virginiana), Black Gum (Nyssa sylvatica), Blackberry (Rubus sp.), Russian Olive (Elaeagnus umbellata), Smooth Sumac (Rhus glabra), Groundsel (Baccharis halimifolia), Japanese Honeysuckle (Lonicera japonica), Catbrier (Smilax sp.), and Poison Ivy (Toxicodendron radicans). At the time of the site evaluation the power line rights-of-way had been sprayed with herbicide with most of the vegetation dead or dying; and the roadside along Kannapolis Highway had been recently mowed. Threatened & Endangered/Protected Species Results All potential habitats for Schweinitz’s Sunflower along the roadside, power lines and edges were examined, and the species was not found. No suitable nesting 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. Kellswater - Threatened / Endangered / Protected Species Evaluation 6666 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 August 15, 2019 Kellswater - Threatened / Endangered / Protected Species Evaluation 7777 Curriculum Vitae for: Lisa R. Gaffney Biologist / Botanist B.S. Biology, University of North Carolina at Charlotte Ms. Gaffney is a classically trained botanist and natural resource biologist and has conducted field work and investigative studies covering thousands of cumulative acres in both North and South Carolina since 1996, including: Cabarrus County NC Natural Heritage Inventory 1997-1998. Organized, directed, and worked in field survey of natural areas in Cabarrus County for the North Carolina Natural Heritage Program. Lincoln County NC Natural Heritage Inventory 2000-2001. Organized, directed, and worked in field survey of natural areas in Lincoln County for the North Carolina Natural Heritage Program. Threatened and Endangered Species Surveys and Natural Communities Evaluation for over 50,000 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.