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HomeMy WebLinkAbout20191120 Ver 1_USACE 2nd Copy PCN_20190821Preliminary 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 8 1439 Mayes Hall ✔ PCN application for a residential development in Mecklenburg County Ken Holbrooks - The Bayard Group (Applicant) Leonard S. Rindner, PLLC / WEPG 35.4582 N/-80.8164 W, Mayes Road, Huntersville, NC 00716207; 00716286; 00716206 Mecklenburg Huntersville South Prong West Branch Rocky River 03040105 ✔ ✔29 1 August 20, 2019 Mr. David Shaeffer U.S. Army Corps of Engineers Asheville Regulatory Field Office 151 Patton Avenue, Asheville, NC 28801-5006 Mr. Alan Johnson NCDEQ Division of Water Resources 610 East Center Street, Suite 301, Moorseville, NC 28115 Ms. Karen Higgins NCDEQ Division of Water Resources Wetlands & Storm Water Branch 512 North Salisbury Street, Raleigh, NC 27604 Mr. Byron Hamstead U.S. Fish and Wildlife Service Asheville Field Office 160 Zillicoa Street, Asheville, NC 28801 Subject: SAW-2018-01439; Pre-Construction Notification for NWP #29 for the Mayes Hall site, Huntersville, Mecklenburg County, NC. Ms. Higgins and Messrs. Shaeffer, Johnson, and Hamstead, Enclosed is a request for Nationwide Permit #29 for the approximate 26-acre site known as the Mayes Hall site located east of the Barnhardt Road and Mayes Road intersection in Huntersville, NC. The site is a proposed residential development and consists of four wetlands and two streams. A preliminary jurisdictional determination was submitted on July 18, 2018 (SAW- 2018-01439) and was field-verified by David Shaeffer (USACE) on September 28, 2018. Please refer to the Jurisdictional Determination section for updated information on onsite surface waters. As shown on the attached exhibits, the proposed project will include impacts to three wetlands for the installation of a sewer line for the proposed residential development. 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 and the design/location of stormwater facilities. The total proposed encroachment to site surface waters is limited to 0.0291 acres of temporary wetland impacts. No permanent wetland or stream 2 impacts are proposed as part of this project. Due to the limited and temporary nature of the proposed impacts to site surface waters, no 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 29 Developer B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 00716207;00716286;00716206 1 b. Site coordinates (in decimal degrees): Latitude: 35.4582 Longitude: -80.8164 1 c. Property size: 26 acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: South Prong West Branch Rocky River 2b. Water Quality Classification of nearest receiving water: C 2c. River basin: 03040105 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: The site is primarily covered with successional mixed hardwood forest and agricultural pasture sloping northe east to South Prong West Branch Rocky River. 3b. List the total estimated acreage of all existing wetlands on the property: 0.057 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 550 3d. The Explain the purpose of the proposed project: project consists of excavation for a residential development. 3e. Describe the overall project in detail, including the type of equipment to be used: Excavation and grading of the site will use standard equipment - excavator, dump trucks, track hoe, etc. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project (includingall prior phases in the past? ❑X Yes ❑ No ❑ Unknown Comments: PJD Request submitted 7/18/18 SAW -2018-01439 q 4b. If the Corps made the jurisdictional determination, what type of determination was made? ❑x Preliminary ❑ Final 4c. If yes, who delineated the jurisdictional areas? Name (if known): H.caldwell Agency/Consultant Company: WEPG Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. A Preliminary Jurisdictional Determination request was submitted on 7/18/18 (SAW -2018-01439) and was field verified by David Schaeffer on 9/28/18. Updates to the JD Request are included in the Jurisdictional Determination Section. 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? ❑ Yes ❑X No ❑ Unknown 5b. If yes, explain in detail according to "help file" instructions. 6. Future Project Plans 6a. Is this a phased project? ❑ Yes ❑X No 6b. If yes, explain. Page 3 of 10 PCN Form — Version 1.4 January 2009 C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): ❑X 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 T Excavation Bottomland Hardwood Forest Yes Corps 0.0001 W2 T Excavation Bottomland Hardwood Forest Yes Corps 0.003 W3 T Excavation Bottomland Hardwood Forest Yes Corps 0.024 W4 T Excavation Bottomland Hardwood Forest Yes Corps 0.002 W5 - Choose one Choose one Yes/No W6 - Choose one Choose one Yes/No 2g. Total Wetland Impacts: 0.0291 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 - Choose one - S2 - Choose one - S3 - Choose one - S4 - Choose one - S5 - Choose one - S6 - Choose one - 3h. Total stream and tributary impacts 3i. Comments: Page 4 of 10 PCN Form — Version 1.4 January 2009 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 indivi ually 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) 01 Choose one Choose O2 - Choose one Choose 03 - Choose one Choose 04 Choose one Choose 4f. Total open water impacts 4g. Comments: 5. Pond or Lake Construction If pond or lake construction proposed, the complete the chart below. 5a. Pond ID number 5b. Proposed use or purpose of pond 5c. Wetland Impacts (acres) 5d. Stream Impacts (feet) 5e. Upland (acres) Flooded Filled Excavated Flooded Filled Excavated P1 Choose one P2 Choose one 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 Yes/No B2 - Yes/No B3 - Yes/No B4 - Yes/No B5 - Yes/No B6 - Yes/No 6h. Total Buffer Impacts: 6i. Comments: Page 5 of 10 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing 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 and the design/location of stormwater facilities. 1 b. 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? ❑ Yes ❑X 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 El 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: Choose one Type: Choose one Type: Choose one 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: Choose one 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. Page 6 of 10 PCN Form — Version 1.4 January 2009 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 ❑ Yes ❑X No buffer mitigation? 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. 6c. 6d. 6e. Zone Reason for impact Total impact Multiplier Required mitigation (square feet) (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 7 of 10 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers identified ❑ Yes ❑X No within one of the NC Riparian Buffer Protection Rules? 1 b. 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? 51% 2b. Does this project require a Stormwater Management Plan? ❑x 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: Stormwater on the site will be handled by facilities shown on the attached plans. The stormwater plan has been submitted to Mecklenburg County for review and has been designed to meet their criteria. 2e. Who will be responsible for the review of the Stormwater Management Plan? Mecklenburg County 3. Certified Local Government Stormwater Review 3a. In which localgovernment's jurisdiction is thisproject? Mecklenburg County ❑x Phase II ❑ NSW 3b. Which of the following locally -implemented stormwater management programs ❑ USMP apply (check all that apply): ❑ Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑X No attached? 4. DWQ Stormwater Program Review ❑Coastal counties ❑ HQW 4a. Which of the following state -implemented stormwater management programs apply ❑ORW (check all that apply): F-1 Session Law 2006-246 ❑ Other: 4b. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes 0 No attached? 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 Page 8 of 10 PCN Form — Version 1.4 January 2009 F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1 a. Does the project involve an expenditure of public (federal/state/local) funds or the ❑ Yes ❑X No use of public (federal/state) land? 1 b. 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 ❑ Yes ❑ No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1 c. 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 ❑ Yes ❑ No letter.) Comments: 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, ❑Yes ❑X No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after -the -fact permit application? ❑ Yes ❑X 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 ❑Yes ❑X No additional development, which could impact nearby downstream water quality? 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 proposed and existing sewer lines. Page 9 of 10 PCN Form — Version 1.4 January 2009 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or ❑ Yes ❑X No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ❑ Yes ❑X No impacts? 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? 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. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes ❑X No 6b. What data sources did you use to determine whether your site would impact 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 ❑ Yes ❑X No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 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/ 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA -designated 100 -year floodplain? ❑ Yes ❑X No 8b. If yes, explain how project meets FEMA requirements: 8c. What source(s) did you use to make the floodplain determination? http://polaris3g.mecklenburgcountync.gov ; www.fema.gov Heath Caldwell Digitally sI,nld by Heath Caldwell Heath Caldwell °s=h ah`°adwel@welts dPeP 9 em, Date, 2019.08.2011, 30,26.0400 08-20-2019 Applicant/Agent's Printed Name Date Applicant/Agent's Signature (Agent's signature is valid only if an authorization letter from the applicant is provided. Page 10 of 10 24.3 Acres - Mayes Road, Huntersville NC 00716206; 00716207; 00716286 Maps/Plans Maps/Plans VICINITY MAP MAYES ROAD, DAVIDSON Mecklenburg County, NC For study purposes only Subject to USACE/NCDEQ verification 04/11/18 Prepared for: APPROXIMATE PROJECT BOUNDARY STUDY LIMITS +/- 23.7 ac LOCATION Lat: 35.4582 ºN Long: -80.8164 ºW HUC: 03040105 (Rocky) SITE Figure 1 MAYES HALL Mecklenburg Co., NC AERIAL Subject to USACE/NCDEQ verification 6/08/19 Prepared for: Acres: +/- 25.00 Drawn By: BLK Reviewed By: LSR APPROXIMATE PROJECT BOUNDARY STUDY LIMITS The Bayard Group Figure 2 MAYES HALL Mecklenburg Co., NC USGS MAP Subject to USACE/NCDEQ verification 6/08/19 Prepared for: Acres: +/- 25.50 Drawn By: BLK Reviewed By: LSR APPROXIMATE PROJECT BOUNDARY STUDY LIMITS SOUTH PRONG WEST BRANCH ROCKY RIVER LOCATION Lat: 35.4582 N Long: -80.8164 W HUC: 03050105 ROCKY SCALE 1:24,000 ACRES 2 USGS QUAD Cornelius The Bayard Group Figure 3 MAYES HALL Mecklenburg Co., NC NRCS PUBLISHED SOILS Subject to USACE/NCDEQ verification 6/08/19 Prepared for: Acres: +/- 25.50 Drawn By: BLK Reviewed By: LSR APPROXIMATE PROJECT BOUNDARY STUDY LIMITS The Bayard Group Figure 4 MAYES HALL Mecklenburg Co., NC TAX PARCEL MAP Subject to USACE/NCDEQ verification 6/08/19 Prepared for: Acres: +/- 25.50 Drawn By: BLK Reviewed By: LSR APPROXIMATE PROJECT BOUNDARY STUDY LIMITS Parcel ID: 00716207 Richard G Sanderson 13415 Mayes Rd, Huntersville NC 28078 Parcel ID: 00716206 Anne M Blount 12000 Mayes Rd, Huntersville, NC, 28078 City of Charlotte/Charlotte Water Easement The Bayard Group Figure 5 SSxSSxSSx S Sx S Sx SSx SSx S SxSSx THE BAYARD GROUPProject No.IssuedMAYES HALLNSHEET OF EXISTING CONDITIONSSCALE:0300'150' 600'1"=300'Figure 6 SSx SDxSDxSSxSSx SSx S Sx SSx SSx SSxSSx THE BAYARD GROUPProject No.IssuedMAYES HALLNSHEET OFOVERALL SITE PLANSCALE:0300'150' 600'1"=300'Figure 7 THE BAYARD GROUPProject No.IssuedMAYES HALLNSHEET OF IMPACT AREASCALE:050'25' 100'1"=50'Figure 8 SSxSSxS Sx SSx SSx SSx SSx SSxSSx THE BAYARD GROUPProject No.IssuedMAYES HALLNSHEET OF STORMWATER PLANSSCALE:0300'150' 600'1"=300'SITE DATA TABLE:% IMPERVIOUS = 51%Figure 9 Jurisdictional Determination Jurisdictional Determination Information MAYES HALL Mecklenburg Co., NC DELINEATION MAP Subject to USACE/NCDEQ verification Figure 10 6/5/19 Prepared for: The Bayard Group Acres: +/- 23.7 Drawn By: NRN Reviewed By: LSR PROJECT BOUNDARY STUDY LIMITS PROJECT BOUNDARY STUDY LIMITS INTERMITTENT STREAM A -375 LF PERENNIAL STREAM B -175 LF WETLAND W -0.005 AC WETLAND C/CC -0.2 AC WETLAND D/DD -0.017 AC WETLAND E -0.011 AC WETLAND E DATA POINT UPLAND DATA POINT 1 NCDENR STREAM FORM B WETLAND C DATA POINT NCDENR STREAM FORM A *Field Verified by NCDEQ on 05/03/18* *Field Verified by USACE on 09/28/18* 1 6 7 5 2 3 4 8 Mayes Road Mecklenburg Co., NC – 4/12/18 INTERMITTENT STREAM A – PHOTO 1 PERENNIAL STREAM B – PHOTO 2 Mayes Road Mecklenburg Co., NC – 4/12/18 WETLAND C – PHOTO 3 WETLAND E – PHOTO 4 Mayes Road Mecklenburg Co., NC – 4/12/18 NON-JURISDICTIONAL SWALE – PHOTO 5 NON-JURISDICTIONAL SWALE – PHOTO 6 Mayes Road Mecklenburg Co., NC – 4/12/18 WETLAND C/CC – PHOTO 8 NON-JURISDICTIONAL SWALE – PHOTO 7 Intermittent Stream A 35.4580 -80.8154 375 lf non-wetland waters 404 Perennial Stream B 35.4590 -80.8153 175 lf non-wetland waters 404 Wetland C/CC 35.4591 -80.8152 0.024 ac wetland 404 Wetland D/DD 35.4592 -80.8155 0.017 ac wetland 404 Wetland E 35.4595 -80.8156 0.011 ac wetland 404 Wetland W 35.4600 -80.8146 0.005 ac wetland 404 Geograhic authority to which the aquatic resource "may be" subject (i.e. Section 404 or Section 10/404) Site Number Latitude (decimal degrees) Longitude (decimal degrees) Estimated amount of aquatic resources in review area (acreage and linear feet, if applicable) Type of aquatic resource (i.e. wetland vs. non-wetland waters) Mayes Hall - Appendix 2 – PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM Table of Aquatic Resources in Review Area Which “May Be” Subject to Regulatory Jurisdiction Threatened & Endangered Species Report Threatened & Endangered Species Report Threatened / Endangered / Protected Species Evaluation For Mayes Road Mecklenburg County, North Carolina By: Lisa R. Gaffney August 8, 2019 Mayes Road - Threatened / Endangered / Protected Species Evaluation 222 GENERAL LANDSCAPE DESCRIPTION: This site is +/-23.7 acres and consists of a centrally located residence; wooded slopes; and large, open hayfield. It is located on the north side of Mayes Road, just east of Barnhardt Road, in Davidson, Mecklenburg County, North Carolina. The site can be found on the Cornelius USGS Topographic Quadrangle Map; latitude is 35.4582 °N, longitude is -80.8164 °W. The elevation is approximately 730 to 770 ft. (Figure 1). Figure 1: Mayes Road - 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). The site was investigated on August 8, 2019 Table 1: Threatened / Endangered / Protected Species listed for Mecklenburg County County: Mecklenburg, NC *Source: US Fish & Wildlife Service **Data search on August 8, 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 Mayes Road - Threatened / Endangered / Protected Species Evaluation 444 SPECIES DESCRIPTIONS: 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. 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). Mayes Road - Threatened / Endangered / Protected Species Evaluation 5555 RESULTS: This site consists of a centrally located, large single family residence; wooded slopes; and large, open hayfield. The hay field is dominated by forage grasses and common forbs including Fescue (Festuca spp.), Orchardgrass (Dactylis glomerata), Kentucky Bluegrass (Poa pratensis), Timothy-grass (Phleum pratense), Johnson Grass (Sorghum halepense), White Clover (Trifolium repens), and Sorghum (Sorghum bicolor). Summer forbs and weedy species present include Queen Anne’s Lace (Daucus carota), Plantain (Plantago sp.), Pigweed (Amaranthus sp.), and Dogbane (Apocynum cannabinum). The wooded slopes are dominated by a disturbed dry-mesic mixed hardwood forest with the average diameter at breast height (DBH) at 12 inches. Canopy trees include White Oak (Quercus alba), Northern Red Oak (Q. rubra), Southern Red Oak (Q. falcata), Black Oak (Q. velutina), Willow Oak (Q. phellos), Water Oak (Q. nigra), Mockernut Hickory (Carya tomentosa), Pignut Hickory (C. glabra), Yellow Poplar (Liriodendron tulipifera), and Sweetgum (Liquidambar styraciflua). The subcanopy contains Sourwood (Oxydendrum arboreum), American Elm (Ulmus americanus), Ironwood (Carpinus caroliniana), American Holly (Ilex opaca), Red Maple (Acer rubrum), Hackberry (Celtis laevigata), Redbud (Cercis canadensis), Red Mulberry (Morus rubra), Black Gum (Nyssa sylvatica), Winged Elm (U.alata), and Black Cherry (Prunus serotina). The shrub layer includes Blueberry (Vaccinium sp.), American Strawberry Bush (Euonymus americana), and Chinese Privet (Ligustrum sinense). Vines include Japanese Honeysuckle (Lonicera japonica), Trumpet Creeper (Campsis radicans), Catbrier (Smilax sp.), Virginia Creeper (Parthenocissus quinquefolia), Moonseed (Menispermum canadense), Muscadine (Vitis rotundifolia), and Poison Ivy (Toxicodendron radicans). The herb layer includes Christmas Fern (Polystichum acrostichoides), Ebony Spleenwort (Asplenium platyneuron), Panic Grass (Panicum sp.), and Grapefern (Botrychium sp.). The roadside and transitional areas are dominated by Fescue turf grass (Festuca sp.), and common invasive and native species including Johnson Grass(Sorghum halepense), Sericea Lespedeza (Lespedeza cuneata), Ragweed (Ambrosia sp.), Goldenrod (Solidago sp.), Purple Top (Tripsacum dactyloides), Wingstem (Verbesina sp.), Poke Weed (Phytolacca americana), St. John’s Wort (Hypericum sp.), Groundsel (Baccharis sp.), Tickseed (Bidens sp.), Plume Grass (Erianthus contortus), Indian Grass (Sorghastrum nutans), Gamma Grass (Tripsacum dactyloides), Sourgrass (Rumex acetosella), Ragwort (Packera sp.), and Beggars Ticks (Desmodium sp.). Mayes Road - Threatened / Endangered / Protected Species Evaluation 6666 Threatened & Endangered/Protected Species Results There is no suitable habitat on this site for Schweinitz’s Sunflower, Michaux’s Sumac and Smooth Coneflower, 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. This site does 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. 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 its 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 August 8, 2019 Mayes Road - 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.