SW3230604_Wetland Determination/Report_20230914

Delineation of Wetlands and Waters of the U.S.
Jerusalem Property on Army Road
Union County,NC
PIN: 01144012B
Prepared for
Ingram Walters
Jerusalem Property, LLC.
309 Post Office Drive
Indian Trail,NC 28079
July 2, 2021
Prepared By
Wetlands & Waters, Inc.
4108 LB Propst Dr.
Conover,NC 28613

Jerusalem Property on Army Road 07.2.2021
Scope
Wetlands & Waters, Inc. (W&W)has conducted a preliminary evaluation of parcel 01144012B
in Union County,NC, for the purpose of identifying the presence of surface waters and wetlands
that may be subject to federal and state jurisdiction and permitting requirements under Sections
404 and 401 of the Clean Water Act (collectively referred to as "Waters of the U.S.," or
WOTUS) and the Navigable Waters Protection Rule (2020),which revised former definitions of
WOTUS and is currently in effect. Section 404 of the Clean Water Act regulates the discharge of
dredge and fill materials into "waters of the U.S." and is jointly administered by the U.S. Army
Corps of Engineers (Corps) and the Environmental Protection Agency (EPA). Section 401 of the
Clean Water Act grants each state the authority to approve, condition, or deny any Federal
permits that could result in a discharge to waters of the State.
Unless stated otherwise, this report is limited in scope to evaluation of potential Waters of the
United States subject to Federal and/or State jurisdiction under sections 404 and 401 of the Clean
Water Act, as amended. Findings and assessments made by consultants regarding jurisdictional
limits and permitting requirements are preliminary and subject to verification and modification
by the Corps, and in some cases, the State agencies charged with protection of water resource,
including the North Carolina Division of Water Resources (DWR).
Clean Water Act Field Evaluation
Field evaluations are conducted using methods consistent with those outlined in the applicable
regional supplement' of the 1987 U.S. Army Corps Wetland Delineation Manual2. Under normal
circumstances, an area is classified as a wetland when indicators of hydrology, hydrophytic
vegetation, and hydric soils are present. Surface waters were evaluated for indicators of an
Ordinary High-Water Mark(OHWM) and continuous bed and bank formation. OHWM
assessments are based on regulatory guidance3 issued by the Corps to assist in OHWM
identification. Stream flow regime determinations are made using the standardized Methodology
for Identification of Intermittent and Perennial Streams and Their Origins, version 4.11,
developed by DWR.
Findings
The Corps currently exerts jurisdiction over the territorial seas, waters used in interstate or
foreign commerce, tributaries with intermittent (seasonal) and perennial flow regimes, certain
categories of wetlands, and lakes, ponds, and impoundments of jurisdictional waters. Based on
our assessment of existing site conditions and best professional judgement, tributaries and
wetlands potentially subject to Corps jurisdiction are present. Features potentially excluded from
Corps jurisdiction were also identified. Findings are represented on the attached delineation map,
Figure 1,Approximate Delineation of Surface Waters and Wetlands.
W&W identified one primary drainage system, referred to as Crisco Branch, located near the
western boundary of the review area which originates offsite and contains portions that are on or
U.S.Army Corps of Engineers.2012.Regional Supplement to the Corps of Engineers Wetland Delineation Manual:Eastern Mountains and
Piedmont Region Version 2.0,ed.J.F.Berkowitz,J.S.Wakeley,R.W.Lichvar,C.V.Noble.ERDC/EL TR-12-9.Vicksburg,MS:U.S.Army
Engineer Research and Development Center.
2 Environmental Laboratory.(1987)."Corps of Engineers Wetlands Delineation Manual,"Technical Report Y-87-1,U.S.Army Engineer
Waterways Experiment Station,Vicksburg,Miss.
3 U.S.Army Corps of Engineers.Regulatory Guidance Letter No.05-05 Dec.7,2005
Wetlands & Waters, Inc.
WETLAND AND ENVIRONMENTAL CONSULTANTS
2

Jerusalem Property on Army Road 07.2.2021
near the property line. This feature exhibits continuous bed and bank formation, a consistent
OHWM, and strong characteristics of stream geomorphology, hydrology, and biology. Based on
these characteristics, this feature is assessed as having a perennial flow regime and is depicted
with a single dot-dashed blue line on the attached Figure 1. One unnamed tributary to Crisco
Branch is located in the southwest corner of the property and is also assessed with a perennial
flow regime. Two other drainages are unnamed tributaries to Crisco Branch and are assessed as
having a consistent OHWM but exhibits weaker characteristics of geomorphology and hydrology
and were observed with amphibians at time of survey. Based on these characteristics, these
drainages are assessed as having intermittent (seasonal) flow regime. These features are depicted
with triple dot-dashed blue lines on the attached Figure 1. Both stream categories meet the
criteria required to be considered jurisdictional Waters of the U.S., regulated by the Corps under
Section 404 of the Clean Water Act.
Several areas exhibiting positive primary and secondary indicators of wetland hydrology,
vegetation, and hydric soils were found throughout the review area primarily along the
floodplains of onsite tributaries. These areas meet the criteria required to be considered a
jurisdictional Water of the U.S., regulated by the Corps under Section 404 of the CWA. These
wetlands are shown on the attached Figure 1 as green polygons.
At this time, the Corps excludes certain categories of aquatic features from jurisdiction,
including but not limited to ephemeral features such as ephemeral streams, ditches, swales,
gullies, rills, and pools. Three ephemeral features were identified within the review area. These
features do not contain a consistent OHWM and are assessed to only flow during and
immediately after storm events. Ephemeral features are not flagged in the field and are labeled
on Figure 1 as orange lines.
Several marginal areas exhibiting inconsistent or absent primary and/or secondary indicators of
wetland hydrology, vegetation, and hydric soils were identified along the western side of the
review area. Seasonal variation in average precipitation and temperature, as well as climatic
conditions at the time of the field review can affect the degree to which positive wetland
indicators are expressed. Because wetland indicators in this area are inconsistent, it should be
considered a marginal wetland area with the potential to be captured by the Corps as
jurisdictional. Marginal areas are represented on Figure 1 by orange polygons.
Natural Resource Data
The review area is approximated on the attached public-sourced natural resource maps and
figures. Various natural resource data was used to supplement field verification of findings. This
information is used by stakeholder agencies as baseline data when assessing the jurisdictional
status of aquatic features that may be present on-site. W&W makes no representations relating to
the completeness or accuracy of baseline data and layers depicted on these maps and figures.
Union County GIS (Figure 2)
Water resources depicted on this figure are typically generated at the County's direction and are
most likely based on other publicly available maps or by GIS staff's photointerpretation. Often
these features have not been field verified. When jurisdictional streams are identified on a
property by on-site inspection but are absent on County GIS mapping, local authorities typically
Wetlands & Waters, Inc.
WETLAND AND ENVIRONMENTAL CONSULTANTS
3

Jerusalem Property on Army Road 07.2.2021
apply local buffer ordinances or rules to those features (unless the buffers are applied based on
drainage area or parameters other than DWR stream classification). Conversely, if a stream
channel is depicted on the local GIS but is determined to be non-regulated by the Corps and/or
DWR, local governments may have the option to remove local buffer protections for those
drainages if the property owner or a project proponent can produce concurrence from the Corps
and DWR. The County GIS record indicates no local buffers are applicable to the site at this
time.
USGS Topographic Quadrangle (Figure 3)
Topographic quadrangles are commonly used by state and local authorities to assist in applying
riparian buffer regulations. Generally, a feature that is depicted in blue or magenta is a water
resource, although some features may not be subject to Federal or State jurisdiction due to
complex nuances within State and Federal regulations. Additional jurisdictional water resources
may be present in addition to what is represented on these maps.
NRCS Soil Survey (Figure 4)
Soil surveys depict large scale soils characteristics within the evaluated area. Typically, soil
surveys do not show specific soils units that are less than two acres in size, but are useful in
supplementing field evaluations by identifying potential problematic soils, hydric soils, historic
surface drainage features, and other relevant soil characteristics.
NWI(Figure 5)
These maps depict wetlands based on U.S. Fish and Wildlife Service criteria and are produced
by GIS image analysts who identify and classify wetlands and deep-water habitats from aerial
imagery. They are not a substitute for a field evaluation, as there are often discrepancies between
existing features and those that are mapped by GIS.
FEMA Flood Mapping (Figure 6)
Federal Emergency Management Act flood maps are utilized by the Army Corps to determine if
regulated floodplains are present. The Presidents Executive Order 11990, Protection of
Wetlands, requires federal agencies to consider the need to mitigate flood and storm hazards in
consideration of all actions. The Corps, as stated in general condition 10 and 27 of the
Nationwide Permits, requires completion of a PCN Year Floodplains. If a Section 404 permit is
required, the proposed activity must comply with applicable FEMA approved state or local
floodplain management requirements. Additional notification requirements, conditions,
restrictions, or prohibitions may be imposed depending on the type of proposed activity or
permit.
N.C. Natural Heritage Program Report
The North Carolina Natural Heritage Program (NCNHP) database was consulted to identify
natural heritage resources that may be present on-site. The enclosed site-specific report lists
documented occurrences of rare species, natural communities, natural and managed areas within
or in close proximity to the review area(Attachment A). According to the report there are no
records for rare species, important natural communities, natural areas, and/or
conservation/managed areas within the review area. A documented occurrence of a species with
special State status is identified within a one-mile radius of the site,but consultation under the
Wetlands & Waters, Inc.
WETLAND AND ENVIRONMENTAL CONSULTANTS
4

Jerusalem Property on Army Road 07.2.2021
Endangered Species Act is only required for species with federal protections. Questions
regarding state-listed species can be directed to N.C. Wildlife Resources Commission.
Clean Water Act Permitting Considerations
Construction activities requiring excavation or fill in waters of the U.S. are routinely authorized
under the Corps' Nationwide Permit program and corresponding State of North Carolina Water
Quality Certification. Activities authorized under the Nationwide Permit program must be
designed and constructed to avoid and minimize adverse effects, both temporary and permanent,
to waters of the United States to the maximum extent practicable. Other considerations for a
project's eligibility under the Nationwide Permit program include (but are not limited to) a
review for compliance with general and regional conditions, and impacts to cultural and historic
resources, natural heritage resources, and federally protected species. For example, if activities
authorized under the Nationwide Permit program may have the potential to cause effects to
properties listed, or eligible for listing, in the National Register of Historic Places, Section 106
consultation under the National Historic Preservation Act may be required. Similarly, if activities
authorized under the Nationwide Permit program"may affect" a listed species or critical habitat
identified in the Endangered Species Act, Section 7 consultation under the Endangered Species
Act may be required. Unavoidable impacts that exceed Nationwide Permit thresholds may only
be authorized under an Individual permit and certification, and involve both public notices and
comment periods.
Compensatory mitigation in all forms (avoiding, minimizing, rectifying, reducing, or
compensating for resource losses) is required to the extent necessary to ensure that a proposed
project's individual and cumulative adverse effects are no more than minimal. Typically,
compensatory mitigation is required at a 2:1 ratio for wetland losses that exceed 1/10-acre and
require submittal of a PCN, unless the District Engineer determines in writing that either some
other form of mitigation would be more environmentally appropriate or the adverse
environmental effects of the proposed activity are no more than minimal and provides an
activity-specific waiver of this requirement. For wetland losses of 1/10-acre or less that require
pre-construction notification, the District Engineer may determine on a case-by-case basis that
compensatory mitigation is required to ensure that the activity results in only minimal adverse
environmental effects. For losses of stream bed that exceed 2/100-acre and require pre-
construction notification, compensatory mitigation at a 2:1 ratio is typically required(applicable
to Nationwide Permits reissued and effective March 15, 2021; those not reissued eff. March 15,
2021 remain bound by a 300 linear foot limitation of loss and requirement for compensatory
mitigation when impacts exceed 150 linear feet). For stream bed losses of 2/100-acre or less that
require a PCN, the District Engineer may determine, on a case-by-case basis, that compensatory
mitigation is required to ensure that the activity results in minimal adverse environmental
effects.
Several forms of mitigation may be used to satisfy compensatory mitigation requirements. Use of
private mitigation banks are typically prioritized over other methods if the appropriate credit type
(i.e. warm water stream credits, wetland credits, etc.) is available within the service area, or
Hydrologic Unit Code (HUC). This project area is located in the Yadkin 03040105 HUC. At the
time of this report, private mitigation credits are available.
Wetlands & Waters, Inc.
WETLAND AND ENVIRONMENTAL CONSULTANTS
5

Jerusalem Property on Army Road 07.2.2021
In cases where no private mitigation banks are available within the region, an applicant may use
other methods to satisfy compensatory mitigation, such as paying into an In-Lieu Fee Program
administered by the North Carolina Division of Mitigation Services (DMS). The table below
shows current rate schedules used by DMS.
Service Area Mitigation Type DMS Rate Per Credit
(Effective 7/01/2021)
Statewide Standard Stream $603.87
Statewide Standard Freshwater Wetland(Riparian and Non-Riparian) $67,442.06
Premium Service Area Mitigation Type DMS Rate Per
Credit
(Effective
7/01/2021)
Catawba 03050101 Freshwater Wetlands (Riparian and Non- $108,806.92
Riparian)
Catawba 03050102 and Freshwater Wetlands (Riparian and Non- $101,450.33
03050103 Riparian)
Yadkin 03040201 Freshwater Wetlands (Riparian and Non- $149,604.11
Riparian)
Recommendations
If formal documentation of delineation concurrence by the Corps is required for local, State, or
Federal approvals, or if site plans necessitate impacts to features shown as jurisdictional or
potentially jurisdictional, W&W recommends completing a detailed delineation and submitting
an Approved Jurisdictional Determination(AJD)to the Corps to confirm the lateral limits of
Corps jurisdiction. Ephemeral drainages and marginal wetlands should be considered
jurisdictional in the absence of a JD. Once the limits of jurisdiction are confirmed, regulated
features should be surveyed by a licensed land surveyor to account for potential project-related
impacts, if applicable.
This concludes our field assessment of regulated Waters of the U.S. within the review area. If
impacts to regulated waters of the U.S. are anticipated, W&W can assist with preparation and
submittal of JD requests, permit verification requests, and protected species surveys. Please do
not hesitate to contact us should you have questions or concerns.
Wetlands & Waters, Inc.
WETLAND AND ENVIRONMENTAL CONSULTANTS
6

Jerusalem Property on Army Road 07.2.2021
Sincerely,
Drew Lucas Perry Isner
540-529-2580 704-773-4239
Field Technician Senior Project Manager
Attachments: Vicinity Map
Figure 1: Approximate Delineation of Surface Waters and Wetlands
Figure 2. County GIS
Figure 3. USGS Topographic Quadrangle
Figure 4. NRCS Soil Survey
Figure 5. National Wetlands Inventory
Figure 6. FEMA Floodplain Panel
Attachment A: NC Natural Heritage Program Report
Wetlands & Waters, Inc.
WETLAND AND ENVIRONMENTAL CONSULTANTS
7

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Figure 1: Approximate Delineation Coordinates: Scale: Date:
of Surface Waters and Wetlands Lat: 35.136567 Long: -80.369904 1":300' 06/16/21

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Figure 2: County GIS Coordinates: Scale: Date:
Lat: 35.136567 Long: -80.369904 Graphic 06/16/21

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Figure 3: USGS Topographic Coordinates: Scale: Date:
Quadrangle Lat: 35.136567 Long: -80.369904 Graphic 06/16/21

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Conservation Service National Cooperative Soil Survey Page 1 of 3
Project Name: Army Road
Owner/Developer: Jerusalem Property, LLC.
WWETLANDS
..l_ & WATERS, INC. City/County: Union County
Tax PIN(s): 01144012B
Figure 4: NRCS Soil Survey Coordinates: Scale: Date:
Lat: 35.136567 Long: -80.369904 Graphic 06/16/21

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Project Name:4 W Army Road
Owner/Developer: Jerusalem Property, LLC.
WETLANDS City/County:
& WATERS, INC. Union County
Tax PIN(s): 01144012B
Figure 5: National Wetland Coordinates: Scale: Date:
Inventory Lat: 35.136567 Long: -80.369904 Graphic 06/16/21

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Project Name: Army Road
4
Owner/Developer: Jerusalem Property, LLC.
WETLANDS
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Tax PIN(s): 01144012B
Figure 6: FEMA Floodplain Panel Coordinates: Scale: Date:
Lat: 35.136567 Long: -80.369904 Graphic 06/16/21

Roy Cooper,Governor
• ■■■
■■ • NC DEPARTMENT OF D.Reid Wilson,Secretary
•
■■•■M NATURAL AND CULTURAL RESOURCES
• ••• Walter Clark
Director,Division of Land and Water Stewardship
NCNHDE-14888
June 16, 2021
Meagan Jolly
Wetlands & Waters, Inc.
328 East Broad Street
Statesville, NC 28677
RE: Army Road
Dear Meagan Jolly:
The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide
information about natural heritage resources for the project referenced above.
Based on the project area mapped with your request, a query of the NCNHP database indicates that
there are no records for rare species, important natural communities, natural areas, and/or
conservation/managed areas within the proposed project boundary. Please note that although there
may be no documentation of natural heritage elements within the project boundary, it does not
imply or confirm their absence; the area may not have been surveyed. The results of this query
should not be substituted for field surveys where suitable habitat exists. In the event that rare
species are found within the project area, please contact the NCNHP so that we may update our
records.
The attached 'Potential Occurrences' table summarizes rare species and natural communities that
have been documented within a one-mile radius of the property boundary. The proximity of these
records suggests that these natural heritage elements may potentially be present in the project area
if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one-mile
radius of the project area, if any, are also included in this report.
If a Federally-listed species is found within the project area or is indicated within a one-mile radius of
the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for
guidance. Contact information for USFWS offices in North Carolina is found here:
httos://www.fws.ciov/offices/Directory/ListOffices.cfm?statecode=37.
Please note that natural heritage element data are maintained for the purposes of conservation
planning, project review, and scientific research, and are not intended for use as the primary criteria
for regulatory decisions. Information provided by the NCNHP database may not be published
without prior written notification to the NCNHP, and the NCNHP must be credited as an information
source in these publications. Maps of NCNHP data may not be redistributed without permission.
The NC Natural Heritage Program may follow this letter with additional correspondence if a
Dedicated Nature Preserve, Registered Heritage Area, Land and Water Fund easement, or Federally-
listed species are documented near the project area.
If you have questions regarding the information provided in this letter or need additional assistance,
please contact Rodney A. Butler at [e-mail] or 919-707-8603.
Sincerely,
NC Natural Heritage Program
DEPARTMENT OF NATURAL AND CULTURAL RESOURCES
Qv 121 W.JONES STREET.RALEIGH.NC 27603 • 1651 MAIL SERVICE CENTER.RALEIGH.NC 27699
tg OFC 919.707.9120 • FAX [phone]

Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One-mile Radius of the Project Area
Army Road
June 16, 2021
NCNHDE-14888
Element Occurrences Documented Within a One-mile Radius of the Project Area
Taxonomic EO ID Scientific Na Common Name Element Accuracy Federal State Global State
Group Observation Occurrence Status Status Rank Rank
■� Date Rank
Vascular Plant 10422 Helianthus laevigatus Smooth Sunflower 1991-07-26 F 3-Medium Special G4 S3
Concern
Vulnerable
Vascular Plant 11742 Helianthus laevigatus Smooth Sunflower 1992-10-02 F 3-Medium --- Special G4 S3
Concern
Vulnerable
No Natural Areas are Documented Within a One-mile Radius of the Project Area
No Managed Areas are Documented Within a One-mile Radius of the Project Area
Definitions and an explanation of status designations and codes can be found at httas://ncnhde.natureserve.ora/help. Data query generated on June 16,2021;source: NCNHP,Q1 April 2021. Please
resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database.
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NCNHDE-14888: Army Road
•
•
New Salem
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W+E
June 16,2021 1:25,826
Project Boundary 0 5 0.2 0.4 0.8 mi
Buffered Project Boundary 0 0.35 0.7 1.4 km
Sources:Esn,HERE,Garmin,Intermap,increment P Corp.,GEBCO,USGS,
FAO,NPS,NRCAN,GeoBase,IGN,Kadaster NL,Ordnance Survey,Esri Japan,
METI,Esri China(Hong Kong),(c)OpenStreetMap contributors,and the GIS
User Community
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