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HomeMy WebLinkAbout20171208 Ver 1_401 Application_20170922Preliminary ORM Data Entry Fields for New Actions ACTION ID #: SAW - Prepare file folder ❑ Wedands and Er—onmental Planning Group Leonard S Wndner, PLLC Begin Date (Date Received): Assign Action ID Number in ORM ❑ 1. Project Name [PCN Form A2a]: Henn Storage Facility 2. Work Type: ✓❑Private ❑Institutional ❑Government 1:1 Commercial 2 0 ? 2 0 8 3. Project Description / Purpose [PCN Form 133d and 133e]: Preliminary Jurisdictional Determination Request and Permit Application for a car sales and service storage facility. 4. Property Owner / Applicant [PCN Form A3 or A41: Henn Automotive 5. Agent / Consultant [PNC Form A5 — or ORM Consultant ID Number]: �EP'Z22017 Leonard S. Rindner, PLLC - Wetlands & Environmental Planning Group _ A_ E UR Es Planning D _.. rco PFRM�h-�' 6. Related Action ID Number(s) [PCN Form 135b]: 7. Project Location —Coordinates, Street Address, and/or Location Description [PCN Form Bib]: 34.9346N/ -80.7481W 8. Project Location — Tax Parcel ID [PCN Form B 1 a]: 06141046, 061410468 and 06141043 9. Project Location — County [PCN Form A2b]: Union 10. Project Location — Nearest Municipality or Town [PCN Form A2c]: Waxhaw 11. Project Information — Nearest Waterbody [PCN Form 132a]: Blythe Creek 12. Watershed / 8 -Digit Hydrologic Unit Code [PCN Form 132c]: 03050103 Authorization: Section 10 ❑ Section 404 ❑✓ Regulatory Action Type: Standard Permit ✓ Nationwide Permit # Regional General Permit # ✓ Jurisdictional Determination Request Section 10 and 404 ❑ Pre -Application Request Unauthorized Activity HCompliance No Permit Required Revised 20150602 Wetlands and Environmental Planning Group September 18, 2017 Mr. David L. Shaeffer U.S. Army Corps of Engineers Asheville Regulatory Field Office 151 Patton Avenue Asheville, NC 28801-5006 Mr. Alan Johnson NCDENR Division of Water Resources 610 East Center Street, Suite 301 Mooresville, NC 28115 Ms. Karen Higgins NCDENR 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 St. Asheville, NC 28801 Leonard S. Rindner, PLLC. Subject: Pre -Construction Notification for NWP#39 and Preliminary Jurisdictional Determination for the Henn Storage Facility Site, Waxhaw, Union County, NC Ms. Higgins and Messrs. Shaeffer, Johnson, and Hamstead, Enclosed is a request for Nationwide Permit #39 and a Preliminary Jurisdictional Determination associated with the proposed Henn Storage Facility site in Waxhaw, Union County, NC. The site consists of an intermittent stream (Intermittent Stream A) totaling approximately 459 linear feet. Of the 459 linear feet of stream, approximately 62 linear feet is located within the project boundary. The remaining 397 linear feet of Intermittent Stream A is located offsite on the adjacent parcel. Please refer to accompanying Jurisdictional Determination section for additional information on site surface waters. This information has been included for a preliminary determination. Charlotte Office: www.wetlands-epg.com Asheville Office: 10612-D Providence Rd. 1070 Tunnel Rd., Bldg. I PMB 550 Suite 10, PMB 283 Charlotte, NC 28277 Asheville, NC 28805 (704)904-2277 (828)708-7059 len.rindner@wetlands-epg.com 1 amanda.jones@wetlands-epg.com Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. Proposed permanent impacts associated with the project total approximately 142 linear feet. As indicated on the attached plans, 62 linear feet of permanent stream impacts will occur within the project boundary limits and approximately 80 linear feet of permanent stream impacts will occur on the adjacent property. Specifically, the proposed impacts to jurisdictional waters include the installation of a 223 -foot RCP and appurtenant 37 -foot rip rap apron and headwall associated with the proposed stormwater management facilities for the planned development. Please refer to the included sections for the referenced plans and stormwater permit approval letter. Due to the location of the onsite stream and the restricted space within the site, complete avoidance of impacts was not practicable. Impacts to site surface waters associated with the proposed development were limited through design location/orientation of the proposed structures and limiting parking space to code minimums. Due to the minimal impacts anticipated with the proposed project, no compensatory mitigation is being proposed. Also enclosed is a copy of our Threatened/Endangered Species Evaluation for the site in which no listed species were identified within the project area. 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. Thank you for your consideration and please contact me if you have any questions, (704) 999- 5279 or email at heath. caldwelI(Z�wetlands-epi com. Sincerely, Heath Caldwell Len Rindner, PWS Environmental Scientist Principal Charlotte Office: www.wetlands-epg.com Asheville Office: 10612-D Providence Rd. 1070 Tunnel Rd., Bldg. I PMB 550 Suite 10, PMB 283 Charlotte, NC 28277 Asheville, NC 28805 (704)904-2277 (828)708-7059 len.rindner@wetlands-epg.com 2 amanda.jonesC wetlands-epg.com Permit Application o�oE wnrFgOc 6 � t Office Use Only: Corps action ID no. DWQ project no. Form Version 1.4 January 2009 Page 1 of 10 PCN Form — Version 1.4 January 2009 Pre -Construction Notification (PCN) Form A. Applicant Information 1. Processing 1a. Type(s) of approval sought from the Corps: ❑X Section 404 Permit ❑ Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: 39 or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? ❑ Yes ❑X No 1 d. Type(s) of approval sought from the DWQ (check all that apply): ❑X 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ❑ Yes ❑X No For the record only for Corps Permit: ❑ Yes ❑X No 1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. ❑ Yes ❑X No 1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ❑ YesX❑ No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ❑ No 2. Project Information 2a. Name of project: Henn Storage Facility 2b. County: Union 2c. Nearest municipality / town: Waxhaw 2d. Subdivision name: 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: Henn Automotive LLC 3b. Deed Book and Page No. 3c. Responsible Party (for LLC if applicable): Susan Henn 3d. Street address: 1152 North Broome Street 3e. City, state, zip: Waxhaw, NC 28173 3f. Telephone no.: 704-562-1498 3g. Fax no.: 3h. Email address: Page 1 of 10 PCN Form — Version 1.4 January 2009 4. Applicant Information (if different from owner) 4a. Applicant is: ❑ Agent ❑ Other, specify: 4b. Name: 4c. Business name (if applicable): 4d. Street address: 4e. City, state, zip: 4f. Telephone no.: 4g. Fax no.: 4h. Email address: 5. Agent/Consultant Information (if applicable) 5a. Name: Heath Caldwell 5b. Business name (if applicable): Leonard S. Rindner, PLLC - Wetlands & Environmental Planning Group 5c. Street address: 10612-D Providence Road, PMB 550 5d. City, state, zip: Charlotte, NC 28277 5e. Telephone no.: 704-999-5279 5f. Fax no.: 5g. Email address: heath.caldwelI@wetlands-epg.com Page 2 of 10 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 106141046, 06141046B and 06141043 1 b. Site coordinates (in decimal degrees): Latitude: 34.9346 Longitude: -80.7481 1 c. Property size: 3.28 acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: Blythe Creek 2b. Water Quality Classification of nearest receiving water: Class C 2c. River basin: 103050103 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 composed maintained lawn areas, commercial automotive garage structures and gravel and concrete parking areas. General land use in the vicinity consists of residential, agricultural and commercial developments. 3b. List the total estimated acreage of all existing wetlands on the property: 0 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 459 3d. Explain the purpose of the proposed project: Preliminary Jurisdictional Determination Request and Permit Application for a car sales and service storage facility. 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, trackhoe, dump trucks, 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? ❑ Yes ❑X No ❑ Unknown Comments: 4b. If the Corps made the jurisdictional determination, what type of determination was made? El Preliminary E] Final 4c. If yes, who delineated the jurisdictional areas? Name (if known): N. Nelson Agency/Consultant Company: WEPG Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. WEPG's delineation findings/determination are included for preliminary determination. S. 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 1a. Which sections were completed below for your project (check all that apply): ❑ Wetlands X❑ 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 - Choose one Choose one Yes/No - W2 - Choose one Choose one Yes/No W3 - Choose one Choose one Yes/No W4 - Choose one Choose one Yes/No W5 - Choose one Choose one Yes/No W6 - Choose one Choose one Yes/No 2g. Total Wetland Impacts: 2h. Comments: 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. Stream impact number Permanent (P) or Temporary (T) 3b. Type of impact 3c. Stream name 3d. Perennial (PER) or intermittent (INT)? 3e. Type of jurisdiction 3f. Average stream width (feet) 3g. Impact length (linear feet) S1 P Fill Stream A Offsite INT Corps 7 37 S2 P Culvert Stream A Offsite INT Corps 7 43 S3 P Culvert Stream A Onsite INT Corps 7 62 S4 - Choose one - S5 Choose one S6 Choose one 3h. Total stream and tributary impacts 142 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 indiv dually 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 02 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. 5d. 5e. Wetland Impacts (acres) Stream Impacts (feet) 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 Q Tar -Pamlico ❑ Catawba ❑ Randleman ❑ Other: 6b. Buffer Impact number — Permanent(P)or Tem ora 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 onsite stream and the restricted space within the site, opportunities to avoid the stream were limited. The proposed storage facility structures have been rotated and shifted as far south as possible and slopes have been graded to provide necessary stability for the development and minimize stream impacts to the greatest extent possible. Proposed parking space has also been designed to minimum required to limit impacts. Of the approximate 459 linear feet of stream located onsite/offsite, only 142 linear feet of impacts are proposed as part of this project. 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 Q No 2b. If yes, mitigation is required by (check all that apply): ❑ DWQ ❑ Corps 2c. If yes, which mitigation option will be used for this project? ❑ Mitigation bank ❑ Payment to in -lieu fee ram y 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? 70 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: Storm water on the site will be handled/treated by structures as shown on the attached plans. The stormwater plan has not been submitted/approved by Union County but has been designed to meet their criteria. 2e. Who will be responsible for the review of the Stormwater Management Plan? Union County 3. Certified Local Government Stormwater Review 3a. In which localgovernment's jurisdiction is thisproject? Union 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): E] Session Law 2006-246 Z Other: 15A NCAC 02H.1000 4b. Has the approved Stormwater Management Plan with proof of approval been X❑ Yes ❑ 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 Q 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 Q 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 Q 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. No additional phases are proposed. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. Wastewater generated on the site will be transported to the nearest treatment facility via sewer lines. Page 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. Report is included. 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 Q No 8b. If yes, explain how project meets FEMA requirements: 8c. What source(s) did you use to make the floodplain determination? http://gis-web.co. union. nc.us/gomaps Heath DN �cnn=H lly athC dweel� o°WEEPPCll Heath Caldwell Caldwell eP9com'� us �l'll°ands- 09-14-2017 Date: 2017.09.14 16:12:26 -04'00' Applicant/Agent's Printed Name Date Applicant/Agent's Signature (Agent's signature is valid only if an authorization letter from the applicant isprovided.) Page 10 of 10 Wetlands and Environmental Agent Authorization Letter Leonard S. Rindner, PLLC. The purpose of this form is to authorize our firm to act on your behalf in matters related to aquatic resource (i.e. stream/wetlands) identification/mapping and regulatory permitting. The undersigned, who are either registered property owners or legally authorized to conduct due diligence activities on the property as identified below, do hereby authorize associates of Leonard S. Rindner, PLLC, Wetlands and Environmental Planning Group (WEPG) to act on my behalf and take all actions necessary for the processing, issuance, and acceptance of applicable permit(s) and/or certification(s). Project/Site Name: Henn Storage Facility Property Address: 1152 N. Broome Street, Waxhaw, NC 28173 Parcel Identification Number (PIN): 06141046, 06141046B and 06141043 Select one: I am the current property owner Name: Charles T. Starnes Company: Henn Automotive LLC Mailing Address: PO Box 115, Waxhaw, NC 28173 Telephone Number: 704-562-1498 El i ddrWar: m fit sR Com' i S;'�� S 7 •/:3 Property Owner / Interested Buyer* / Other` Date * The Interested Buyer/Other acknowledges that an agreement and/or formal contract to purchase andlor conduct due diligence activities exists between the current property owner and the signatory of this authorization in cases where the property is not owned by the signatory. Charlotte Office: 10612-0 Providence Rd. PMB 550 Charlotte, NC 28277 (704)904-2277 len.rindner@)wetlands-epg.com www.wetlands-epg.com Asheville Office; 1070 Tunnel Rd., Bldg. I Suite 10, PMB 283 Asheville, NC 28805 (828)708-7059 amanda.iones@wedands-epg.com Energy, Mineral & Land Resources ENVIRONMENTAL QUALITY May 4, 2017 Mrs. Susan Henn Henn Automotive, LLC 1152 N. Broome St. Waxhaw, NC 28173 Subject: Stormwater Permit No. SW3170402 Henn Storage Facility Union County Dear Mrs. Henn: ROY COOPER Covernor MICHAEL S. REGAN Secretary TRACY DAVIS Director The Division of Energy, Mineral, and Land Resources (DEMLR), received a complete Stormwater Management Permit Application for the subject project on May 4, 2017. Staff review of the plans and specifications has determined that the project, as proposed, will comply with the Stormwater Regulations set forth in 15A NCAC 02H.1000. We are forwarding Permit No. SW3170402, dated May 4, 2017, for the construction, operation and maintenance of the subject project and the stormwater system. This permit shall be effective from the date of issuance until May 4, 2025, or until rescinded and shall be subject to the conditions and limitations as specified therein, and does not supersede any other agency permit that may be required. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing by filing a written petition with the Office of Administrative Hearings (OAH). The written petition must conform to Chapter 150B of the North Carolina General Statutes. Per NCGS 143-215(e) the petition must be filed with the OAH within thirty (30) days of receipt of this permit. You should contact the OAH with all questions regarding the filing fee (if a filing fee is required) and/or the details of the filing process at 6714 Mail Service Center, Raleigh, NC 27699-6714, or via telephone at 919-431-3000, or visit their website at www.NCOAH.com. Unless such demands are made this permit shall be final and binding. This project will be kept on file at the Mooresville Regional Office. If you have any questions, or need additional information concerning this matter, please contact Robert Patterson at (919) 807-6369 or Robert.Patterson@ncdenr.gov. Nothing Compares,.... SState of North Carolina I Environmental Quality I Energy. Mineral and Land Resources 512N. Salisbury Street 1 1612 Mail Service Center I Raleigh. North Carolina 27699-1612 919 707 9200 Sincerely, Original Signed by Robert A Patterson, PE for Tracy E. Davis, PE, CPM, Director cc: SW3170402 File - Mooresville Regional Office ec: Marc Houle, PE - Yarbrough -Williams & Houle, Inc. Nothing Compares State of North Carolina I Environmental Quality I Energy. Mineral and Land Resources 512 N. Salisbury Street 1 1612 Mail Service Center I Raleigh, North Carolina 27699-1612 919 707 9200 State Stormwater Permit Permit No. SW3170402 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT QUALITY STATE STORMWATER MANAGEMENT PERMIT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations PERMISSION IS HEREBY GRANTED TO Henn Automotive, LLC Henn Storage Facility Union County FOR THE construction, operation and maintenance of the Stormwater Control Measures (SCM) in compliance with the provisions of 15A NCAC 02H .1000 (hereafter referred to as the "stormwater rules') and the approved stormwater management plans, specifications and other supporting data as on file with and approved by the State and considered a part of this permit. This permit shall be effective from the date of issuance until May 4, 2025, and shall be subject to the following specified conditions and limitations: I. DESIGN STANDARDS This permit is effective only with respect to the nature and volume of stormwater described in the application and other supporting data. 2. The SCM is approved for the management of stormwater runoff as described in the application documents and as shown on the approved plans. 3. All stormwater collection and treatment systems must be located in either dedicated common areas or recorded easements. The final plats for the project will be recorded showing all such required easements, in accordance with the approved plans. 4. The runoff from all built -upon area within the permitted drainage area of this project must be directed into the SCM. 5. The built -upon areas associated with this project shall be located at least 30 feet landward of all perennial and intermittent surface waters. II. SCHEDULE OF COMPLIANCE During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. Page 1 of 4 State Stormwater Permit Permit No. SW3170402 2. The permittee shall at all time provide the operation and maintenance necessary to assure every SCM functions at optimum efficiency. The signed and approved Operation and Maintenance Agreement must be followed in its entirety. Maintenance must occur at the scheduled intervals including, but not limited to: a. Quarterly scheduled inspections (every 3 months). b. Sediment removal. C. StormFilter Cartridge maintenance. d. Immediate repair of eroded areas. e. Maintenance of all slopes in accordance with approved plans. f. Debris removal and unclogging of all drainage structures, level spreader, filter media, planting media, underdrains, catch basins and piping. g. Access to the SCM and outlet structure must be available at all times. 3. Records of maintenance activities must be kept for the SCM. The reports will indicate the date, activity, name of person performing the work and what actions were taken. 4. The permittee shall submit an annual summary report of the maintenance and inspection records for the SCM. The report shall summarize the inspection dates, results of the inspections, and the maintenance work performed at each inspection. 5. The SCM shall be constructed in accordance with the approved plans and specifications, the conditions of this permit, and with other supporting data. 6. Upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to operation of this permitted facility, a certification must be received from an appropriate designer for the SCM certifying that it has been installed in accordance with this permit, the approved plans and specifications, and other supporting documentation. Any deviations from the approved plans and specifications must be noted on the Certification. A modification may be required for those deviations. 7. SCMs impacted by sedimentation and erosion control during the construction phase shall be cleaned out and converted to its approved design state. 8. The permittee shall submit to the Director and shall have received approval for revised plans, specifications, and calculations prior to construction, for any modification to the approved plans, including, but not limited to, those listed below: a. Any revision to any item shown on the approved plans, including the stormwater management measures, built -upon area, details, etc. b. Project name change. C. Transfer of ownership. d. Redesign or addition to the approved amount of built -upon area or to the drainage area. e. Further subdivision, acquisition, lease or sale of all or part of the project area. The project area is defined as all property owned by the permittee, for which Sedimentation and Erosion Control Plan approval was sought. f. Filling in, altering, or piping of any vegetative conveyance shown on the approved plan. 9. A copy of the approved plans and specifications shall be maintained on file by the Permittee for a minimum of eight years from the date of the completion of construction. 10. The Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements of the permit. Within the time frame specified in the notice, the permittee shall submit a written time schedule to the Director for Page 2 of 4 State Stormwater Permit Permit No. SW3170402 modifying the site to meet minimum requirements. The permittee shall provide copies of revised plans and certification in writing to the Director that the changes have been made. 11. SCMs that allow stormwater to infiltrate shall not be located on or in areas with contaminated soils. 12. Plats for residential lots that contain SCMs shall include: the specific location of the SCM on the lot; a typical detail for SCM to be used; and a note that the SCM on the property has been required to meet stormwater regulations and that the property owner may be subject to enforcement procedures as set forth in G.S. 143, Article 21 if the SCM is removed, relocated, or altered without prior approval. 13. The O&M Agreement shall be referenced on the final plat and shall be recorded with the county Register of Deeds upon final plat approval. If no subdivision plat is recorded for the site, then the O&M Agreement shall be recorded with the county Register of Deeds so as to appear in the chain of title of all subsequent purchasers. III. GENERAL CONDITIONS This permit is not transferable except after notice to and approval by the Director. In the event of a change of ownership, or a name change, the permittee must submit a completed Name/Ownership Change form signed by both parties, to the State, accompanied by the supporting documentation. The approval of this request will be considered on its merits and may or may not be approved. 2. The permittee is responsible for compliance with all permit conditions until such time as the Division approves a request to transfer the permit. 3. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to enforcement action by the State, in accordance with North Carolina General Statute 143-215.6A to 143-215.6C. 4. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances, which may be imposed by other government agencies (local, state, and federal) having jurisdiction. 5. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement stormwater management systems. 6. The permittee grants DEQ Staff permission to enter the property during normal business hours for the purpose of inspecting all components of the permitted stormwater management facility. 7. The permit issued shall continue in force and effect until revoked or terminated. The permit may be modified, revoked and reissued or terminated for cause. The filing of a request for a permit modification, revocation and re -issuance or termination does not stay any permit condition. 8. Unless specified elsewhere, permanent seeding requirements for the stormwater control must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual. 9. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit. Page 3 of 4 State Stormwater Permit Permit No. SW3170402 10. The issuance of this permit does not prohibit the Director from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules and regulations contained in Title 15A NCAC 02H .1000 and NCGS 143-215.1 et.al. 11. The permittee shall notify the Division in writing of any name, ownership or mailing address changes at least 30 days prior to making such changes. 12. The permittee shall submit a renewal request with all required forms and documentation at least 180 days prior to the expiration date of this permit. Permit issued this the 4th day of May, 2017. Original Signed by Robert D. Patterson, PE for Tracy E. Davis, P.E., CPM Director Division of Energy, Mineral, and Land Resources Page 4 of 4 State Stormwater Permit Permit No. SW3170402 Henn Automotive, LLC Henn Storage Facility Union County Designer's Certification I, , as a duly registered in the State of North Carolina, having been authorized to observe (periodically/ weekly/ full time) the construction of the project, (Project Name) for (Project Owner) hereby state that, to the best of my abilities, due care and diligence was used in the observation of the project construction such that the construction was observed to be built within substantial compliance and intent of the approved plans and specifications. Noted deviations from approved plans and specification: Signature Registration Number Date SEAL cc: NCDEQ-DEMLR Mooresville Regional Office Page 1 of 1 �t Maps/Plans SHEET 3 OF 12 HENN STORAGE FACILITY Drawn By: Reviewed By: Union Co., NC NRN LSR DATE: USGS MAP — WATERS OF THE U.S. EXISTING CONDITIONS STUDY 3/10/17 SUBJECT TO USACE VERIFICATION 1 0 0 R Tb82 B'C >2 TbC2 ss its Wetlandsand Environmental Planning Group Leonard S. Rindner, PLLC. len.rindner@wetlands-epg.com (704) 904-2277 www.wetlands-epg.com V IE PROJECT BOUNDARY STUDY LIMITS HENN STORAGE FACILITY SHEET 5 OF 12 A M D/" I Union Co., NC Iii NRCS PUBLISHED SOILS MAP -WATERS OF THE U.S.- EXISTING CONDITIONS STUDY SUBJECT TO NCDEQ VERIFICATION N Drawn By: Reviewed By: NRN LSR DATE: 3/10/17 LFw Path: Jurisdictional features on the site flow into -*100unnamed tributaryto Blythe Creek to Blythe Creek �.f5i 1 en to East ForkTwelvemile Creek(TNV) r • (• Legend `. 111111111111111111W Flow Flow Path •'j Probed BoundaryNIP ` •' _ e��r • 0 50 3 1,000 Feet HENN STORAGE FACILITY I Drawn By: I Reviewed By: SHEET 7 OF 12 Air n r Union Co., NC HAC LSR Navigation Pathway Map *Approximate boundary DATE: a/s/i7 o� �s sl �P VICINITY MAPS NO SCALE NOW OR FORMERLY GADD REALTY GROUP INC. DEED.1419-822 TAX/106141006 --------------- NOW OR FORMERLY NATHAN A. COLE DEED:6207-742 TAX #06141043 62.20 L.F. 0.01 AC. INTERMITTENT STREAM "A" STREAM "A" POINT OF BEGINNING NOW OR FORMERLY E.P. NISBET CO. MP: F-951 TAX #06141006F NOW OR FORMERLY GADD REALTY 10 GROUP INC. DEED:1419-822 TAX #06141006E 100 0 so 200 00 396.90' OFFSITE 0.05 AC. INTERMITTENT STREAM "A" J I 'f I NOW OR FORMERLY A PERIN DEVELOPMENT COMPANY LLC MB: J-736 TAX#06141 01 6E NOW OR FORMERLY CITY ELECTRIC SUPPLY COMPANY DEED:5940-618 TAX j'06141016B o I NOW OR FORMERLY IMM AU70MO77VE LLC DB 1084 PG 107 NOW OR FORMERLY TAX M ,/06141048 ROCKY HOME PLAZA INC I DEED:6207-470 TAX 106141018A I I I r-� 1 n 1 ^ N - I II � z.----- -- --: OAD PROVIDE H HWAY 1 N. C V PIER M"0"" U 849 SHEET ITLE -'°°' EXISTING SITE CONDITIONS' 3/16/17 PRWT AXHAW STORAGEsaamfflff— Emmlir- BTG TOWN OF WAXHAW,UNION CO., NC FOR: HENN AUTOMOTIVE LLC 1Gas>tou� WiruA>trs a Houv4 hw- rb..l j o Sarrrylwj u E. ts�#"@tins mm o dw. MSM pi a eqR jIM ftwo.11 6 mumEfflim- SHEET 8 OF 12 o --- ----------- - --- - \ '------- �� \�\ ; ; ISI • r ��/ " Ie 1• PROP. CULVERT PIPE, HEADWALL, & RIP RAP j APRON STREAM IMPACT --N SEE SEE SHEET 3 `v `�`a�—`'���7+*•�/�� ��-� \\ NOW bR FORMERLY \ NATI{AlY A. TOLE • ` a, , \ '\ \� dEED:6201-742 \\ \\ TA7� JQ641.0$3'', • \\ INTERMITTENT STREAM "A" 11 POINT OF BEGINNING } NOW ,OR /FORMERLY \ i E.Pr NSB T .CO. \ �1f. $51" TAX0 41006F P'I -------- ------ - _--------- - I+'i NOW OR FORMERLY GADD REAL $.. GROUP IN _ NOW ,OR FORMERLX % DEED:1419-822 TAX GADD REALTY 06141006E GROUP INC. DEED:1419-822 TAX'1y06141006 i r ------------------ 100 0 50 100 200 GRAPHIC SCALE ( IN FEEL' ) IN liillli,j; 1'il NOW OR FORMERLY l'II"' A PERIN DEVELOPMENT COMPANY LLC MB: J --X36 r NOW OR FORMERLY „CITY ELECTRIYSUPPLY COMPA -- 'i DEED:5940-618 TAX f08141018B i; „• ------------ • ob r • • ;r NOW OR FORMERLY ■ ROCKY HOME PLAZA INC DEED.6207-470 i'' TAX #06141018A ■ J�!•� � ' — — — f�i--------- 1,-----c=cc=====_= taft __ AY 16 N.C. HIGH R/4/' v RIA MB D 8 9)(PE SHEET TITLE OVERVIEW OF STREAM IMPACT 3/16/17 PR°WAXHAW mmolff— STORAGE ir— MAH TOWN OF WAXHAW,UNION CO., NC FOR: HENN AUTOMOTIVE LL YAISLOVaK-Whimm t H=4 INC. DRA� NM ylia■wiwj C f•seerl•j BM �.fe.ij amcb l" fat► ISPIdrAodk I th cmum Em m SHEET 9 OF 12 I , 36.70 L.F. OFFSITE STREAM— IMPACT ON COLE PROPERTY RIP RAP ARPON�`` PE `���vvv ` PERM. SG ESMT. �x 79.85 L.F. TOTAL OFFSITE STREAM I• ORM IMPACT ON COLE PROPERTY I bR 60" RCP WITH HEADWALL & `` A HA1V\ A. C RIP RAP ARPON PD:62 INTERMITTENT 4,0 3 STREAM "N' I 1 #Q \ \ \ I y I1, 11+, F43.15 L.F. OFFSITE STREAM I CT ON COLE PROPERTY I I wt 1,),1 , I\ CP WITH HEADWALL a'III 1' 1' I I' ' Il1 i I 1 142.05 L.F. TOTAL ONSITE & 11' I of AA ' 1`` OFFSITE STREAM IMPACT 60" RCP I li I1 I I'a WITH HEADWALL & RIP RAP APRON II Ila: I < �� I ly III' `� � �•\\` ���' I '�• �� 62.20 L.F. ONSITE STREAM a cn IMPACT ON HENN PROPERTY z 60" RCP ¢ W it, + EX. TOP OF STREAM BANK 58A Ain 01 b INTERMITTENT STREAM "A" ;/ Na d i /;i 'r i - • 1 s:; 1 POINT OF BEGINNING I V 1, OW ,OR / FO,RM,ERLY E. P N SBET `,CO. I .QIP. - 951 , TAX', _#0 41006F ; >-� ----�= _-j, 11 ,i�r,� -61 t ��• . ----rr - - -- - 1 P 142.05 L.F. STREAM IMPACT SHEET nTLE STREAM IMPACT DETAIL 3/16/17 PROJECT BTG WAXHAW STORAGE MAH TOWN OF WAXHAW,UNION CO., NC 40 0 20 40 so FOR: HENN AUTOMOTIVE LLC Yswov�-Wi>�.ueln t HOv� IKC. llwwwtws a Srrr�twj a,B�w Iww�rlws GRAPHIC SCALE SHEET 10 of 12 IN FEET 610 1 600 1 590 1 580 INVERT A BEGINNIN mml 560 L.F.(WITHIN STREAM 223.10 L.F: (TOTAL) 60" RCP CLASS IV Ox so 60 0 30 60 120 GRAPHIC SCALE IN PEEP TO BE STABIUZED WITH V: 11.5 W. 39.0' x L: 34.0' 12.0" DIA. RIP RAP 18.0" MIN. DEPTH DICHRERA SHEET TITLE CROSS SECTION DETAIL 1-6°' ww- 3/16/17 PROT WAXHAW STORAGE TOWN OF WAXHAW,UNION CO., NC magrvr- BTG MAH FOR: HENN AUTOMOTIVE LLC YA1DlOUAH-WQ.inui a HOOD Imc. li�wwiws a Swrre7iws " E iwogriws Opt Camt i3O. 9� NM 1!C Ceepe�a �+, IIs1>t MPAMft! rr�wwwra .. Craua an SHEET 11 OF 12 !Im jurisdictional Determination Information Jurisdictional Determination Request 0 US Army Corps of Engineers. Wilmington District This form is intended for use by anyone requesting a jurisdictional determination (JD) from the U.S. Army Corps of Engineers, Wilmington District (Corps). Please include all supporting information, as described within each category, with your request. You may submit your request to the appropriate Corps Field Office (or project manager, if known) via mail, electronic mail, or facsimile. A current list of county assignments by Field Office and project manager can be found on-line at: hqp://www.saw.usace.army.miI/Missions/Re ug_ latoryPermitPro rg am.aspx , by telephoning: 910-251-4633, or by contacting any of the field offices listed below: ASHEVILLE REGULATORY FIELD OFFICE US Army Corps of Engineers 151 Patton Avenue, Room 208 Asheville, North Carolina 28801-5006 General Number: (828) 271-7980 Fax Number: (828) 281-8120 RALEIGH REGULATORY FIELD OFFICE US Army Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 General Number: (919) 554-4884 Fax Number: (919) 562-0421 WASHINGTON REGULATORY FIELD OFFICE US Army Corps of Engineers 2407 West Fifth Street Washington, North Carolina 27889 General Number: (910) 251-4610 Fax Number: (252) 975-1399 WILMINGTON REGULATORY FIELD OFFICE US Army Corps of Engineers 69 Darlington Avenue Wilmington, North Carolina 28403 General Number: 910-251-4633 Fax Number: (910) 251-4025 Jurisdictional Determination Request INSTRUCTIONS: All requestors must complete Parts A, B, C, D, E and F. NOTE TO CONSULTANTS AND AGENCIES: If you are requesting a JD on behalf of a paying client or your agency, please note the specific submittal requirements in Part G. NOTE ON PART D — PROPERTY OWNER AUTHORIZATION: Please be aware that all JD requests must include the current property owner authorization for the Corps to proceed with the determination, which may include inspection of the property when necessary. This form must be signed by the current property owner to be considered a complete request. NOTE ON PART D - NCDOT REQUESTS: Property owner authorization/notification for JD requests associated with North Carolina Department of Transportation (NCDOT) projects will be conducted according to the current NCDOT/USACE protocols. NOTE TO USDA PROGRAM PARTICIPANTS: Corps approved and preliminary JDs identify the limits of CWA (and RHA, if applicable) jurisdiction for the particular site identified in your request. The JD may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. Jurisdictional Determination Request A. PARCEL INFORMATION ✓❑ Property Information Henn Automotive Address: 1152 North Broome Street, Waxhaw, NC 28173 County: Union Directions: Heading south on NC -16 from 1-485 travel 9.2 miles. The site will be on the right. Parcel Index Number (PIN): 06141046, 06141046B and 06141043 B. REQUESTOR INFORMATION ❑✓ Name: Leonard S. Rindner, PLLC, Wetlands & Environmental Planning Group (WEPG) Mailing Address: 10612-D Providence Road, PMB 550, Charlotte NC 28277 Telephone Number: 704-904-2277 Electronic Mail Address: len.rindnerkwetlands-epi com Select one: I am the current property owner. I am an Authorized Agent or Environmental Consultant2 Interested Buyer or Under Contract to Purchase ❑ Other, please explain. ❑✓ Name: Susan Henn, Henn Automotive Mailing Address: PO Box 115, Waxhaw, NC 28173 Telephone Number: 704-562-1498 Electronic Mail Address 3: Select one: ❑�/ I am the current property owner. ❑ I am an Authorized Agent or Environmental Consultant' ❑ Interested Buyer or Under Contract to Purchase Other, please explain. 1 If available 2 Must attach completed Agent Authorization Form 3 If available ° Must attach completed Agent Authorization Form C Jurisdictional Determination Request C. PROPERTY OWNER INFORMATION [J✓ PIN#:06141046 and 06141046B Name: Henn Automotive LLC Mailing Address: p0 Box 115, Waxhaw, NC 28173 Telephone Number: Electronic Mail Address: Proof of Ownership Attached (e.g. a copy of Deed, County GIS/Parcel/Tax Record data) D. PROPERTY OWNER CERTIFICATION 1, the undersigned, do authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) to enter upon the property herein described for the purpose of conducting on-site investigations and issuing a determination associated with Waters of the U.S. subject to Federal jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. �usaxi 4fA n 7 ay I Property Owner Da(e (please print) Property Owner Signature 5 If available Jurisdictional Determination Request C. PROPERTY OWNER INFORMATION ❑✓ PIN#:06141043 Name: Nathan A. Cole Mailing Address: 3122 Fincher Rarm Road, Suite 100-516, Matthews, NC 28105 Telephone Number: Electronic Mail Address5: ✓❑ Proof of Ownership Attached (e.g. a copy of Deed, County GIS/Parcel/Tax Record data) D. PROPERTY OWNER CERTIFICATION° I, the undersigned, do authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) to enter upon the property herein described for the purpose of conducting on-site investigations and issuing a determination associated with Waters of the U.S. subject to Federal jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. Nathan Cole Property Owner (please pri Property Owner Signature 5 If available 25 July 2017 Date 4 Jurisdictional Determination Request E. JURISDICTIONAL DETERMINATION TYPE Select One: ✓❑ I am requesting that the Corps provide a preliminary JD for the property identified herein. ❑ I am requesting that the Corps investigate the property/project area for the presence or absence of WoUS6 and provide an approved JD for the property identified herein. This request does NOT include a request for a verified delineation. (proceed to F and G below). I am requesting that the Corps delineate the boundaries of all WoUS on a property/project area and provide an approved JD (this may or may not include a survey plat). ❑ I am requesting that the Corps evaluate and approve a delineation of WoUS (conducted by others) on a property/project area and provide an gpproved JD (may or may not include a survey plat). F. ALL REQUESTS Map of Property or Project Area (attached). This Map must clearly depict the boundaries of the area of evaluation. Size of Property or Project: 3.28 acres I verify that the property (or project) boundaries have recently been surveyed and marked by a licensed land surveyor OR are otherwise clearly marked or distinguishable. G. JD REQUESTS FROM CONSULTANTS OR AGENCIES (1) Preliminary JD Requests: Completed and signed Preliminary Jurisdictional Determination Form. Project Coordinates: Latitude Longitude 34.9346 N/-80.7481 W Maps (no larger than 11 x17) with Project Boundary Overlay: ❑✓ Large and small scale maps that depict, at minimum: streets, intersections, towns 6 Waters of the United States See Appendix A of this Form. From Regulatory Guidance Letter No. 08-02, dated June 26, 2008 5 jurisdictional Determination Request Aerial Photography of the project area USGS Topographic Map Soil Survey Map ✓ Other Maps, as appropriate (e.g. National Wetland Inventory Map, Proposed Site Plan, previous delineation maps, LIDAR maps, FEMA floodplain maps) Delineation Information (when applicable): Wetlands: Wetland Data Sheets Upland Data Sheets Landscape Photos, if taken Tributaries: USACE Assessment Forms Other Assessment Forms (when appropriate) Field Sketch overlain on legible Map that includes: All aquatic resources (for sites with multiple resources, label and identify) Locations of wetland data points and/or tributary assessment reaches Locations of photo stations Approximate acreage/linear footage of aquatic resources (2) Approved JDs including Verification of a Delineation: Project Coordinates: Maps (no larger than 11x17) with Project Boundary Overlay: Large and small scale maps that depict, at minimum: streets, intersections, towns Aerial Photography of the project area USGS Topographic Map Soil Survey Map Other Maps, as appropriate (e.g. National Wetland Inventory Map, Proposed Site Plan, previous delineation maps) Delineation Information (when applicable): tlands: Wetland Data Sheets Upland Data Sheets Tributaries: USACE Assessment Forms Other Assessment Forms (when appropriate) 8 Delineation information must include, at minimum, one wetland data sheet for each wetland/community type. 9 Delineation information must include, at minimum, one wetland data sheet for each wetland/community type. Jurisdictional Determination Request Landscape Photos, if taken FField Sketch overlain on legible Map that includes: All aquatic resources (for sites with multiple resources, label and identify) Locations of wetland data points and/or tributary assessment reaches Locations of photo stations Approximate acreage/linear footage of aquatic resources Supporting Jurisdictional Information (for Approved JDs only) ❑ Approved Jurisdictional Determination Form(s) (also known as "Rapanos Form(s)") Map(s) depicting the potential (or lack of potential) hydrologic connection(s), adjacency, etc. to navigable waters. I. REQUESTS FOR CORPS APPROVAL OF SURVEY PLAT Prior to final production of a Plat, the Wilmington District recommends that the Land Surveyor electronically submit a draft of a Survey Plat to the Corps project manager for review. Due to storage limitations of our administrative records, the Corps requires that all hard- copy submittals include at least one original Plat (to scale) that is no larger than 11"x17" (the use of match lines for larger tracts acceptable). Additional copies of a plat, including those larger than 11"x17", may also be submitted for Corps signature as needed. The Corps also accepts electronic submittals of plats, such as those transmitted as a Portable Document Format (PDF) file. Upon verification, the Corps can electronically sign these plats and return them via e-mail to the requestor. Plats submitted for approval must: ❑ be sealed and signed by a licensed professional land surveyor ❑ be to scale (all maps must include both a graphic scale and a verbal scale) ❑ be legible ❑ include a North Arrow, Scale(s), Title, Property Information ❑ include a legible WoUS Delineation Table of distances and bearings/metes and bounds/GPS coordinates of all surveyed delineation points ❑ clearly depict surveyed property or project boundaries Jurisdictional Determination Request ❑ clearly identify the known surveyed point(s) used as reference (e.g. property corner, USGS monument) ❑ when wetlands are depicted: *include acreage (or square footage) of wetland polygons *identify each wetland polygon using an alphanumeric system ❑ when tributaries are depicted: *include either a surveyed, approximate centerline of tributary with approximate width of tributary OR surveyed Ordinary High Water Marks (OHWM) of tributary *include linear footage of tributaries and calculated area (using approximate widths or surveyed OHWM) *include name of tributary (based on the most recent USGS topographic map) or, when no USGS name exists, identify as "unnamed tributary" ❑ all depicted WoUS (wetland polygons and tributary lines) must intersect or tie -to surveyed project/property boundaries ❑ include the location of wetland data points and/or tributary assessment reaches ❑ include, label accordingly, and depict acreage of all waters not currently subject to the requirements of the CWA (e.g. "isolated wetlands", "non jurisdictional waters"). NOTE: An approved JD must be conducted in order to make an official Corps determination that a particular waterbody or wetland is not jurisdictional. ❑ include and survey all existing conveyances (pipes, culverts, etc.) that transport Wous CERTIFICATION LANGUAGE ❑ When the entire actual Jurisdictional Boundar i�picted: 8 Jurisdictional Determination Request include the following Corps Certification language: "This certifies that this copy of this plat accurately depicts the boundary of the jurisdiction of Section 404 of the Clean Water Act as determined by the undersigned on this date. Unless there is a change in the law or our published regulations, the determination of Section 404 jurisdiction may be relied upon for a period not to exceed five (5) years from this date. The undersigned completed this determination utilizing the appropriate Regional Supplement to the 1987 U.S. Army Corps of Engineers Wetlands Delineation Manual." Regulatory Official: Title: Date: USACE Action ID No.: ❑ When uplands may be present within a depicted Jurisdictional Boundary: include the following Corps Certification language: "This certifies that this copy of this plat identifies all areas of waters of the United States regulated pursuant to Section 404 of the Clean Water Act as determined by the undersigned on this date. Unless there is change in the law or our published regulations, this determination of Section 404 jurisdiction may be relied upon for a period not to exceed five years from this date. The undersigned completed this determination utilizing the appropriate Regional Supplement to the 1987 U.S. Army Corps of Engineers Wetlands Delineation Manual." Regulatory Official: Title: Date: USACE Action ID No.: GPS SURVEYS �9 jurisdictional Determination Request For Surveys prepared using a Global Positioning System (GPS), the Survey must include all of the above, as well as: ❑ be at sub -meter accuracy at each survey point. include an accuracy verification: One or more known points (property corner, monument) shall be located with the GPS and cross-referenced with the existing traditional property survey (metes and bounds). include a brief description of the GPS equipment utilized. 10 .c roxAGMT Approximately 397 LF of \ i > ¢Wx W- rr Intermittent Stream A 1i1043 r[m ww+s extends off -Site INTERMITTENT STREAM 62 LF cr AL%" UPLAND rr r vi DPl 'At AOWIu �'Atr U. ok ford uar ur CULVERT - - iKt;.I.�� TAY /r I1: LU14 , -� � •� xna �x raµ,,,. cow"T uc Us 0=4104t PROJECT BOUNDARY STUDY LIMITS N b I SHEET 12 OF 12 HENN STORAGE FACILITY Drawn By: Reviewed By: Union Co., NC NRN LSR DELINEATION MAP — WATERS OF THE U.S. DATE: / EXISTING CONDITIONS STUDY 3/10/17 SUBJECT TO USACEINCDEQ VERIFICATION \`\ LEGEND '.y ❑ Project boundary study limits Ar► ux nwrMy ;\ N Stream A10rYY fpxC PLYA u[' oasO�>-.x. \ ® Wetland / ►Landscape photoldirection HENN STORAGE FACILITY Drawn By: Reviewed By: Union Co., NC NRN LSR DELINEATION MAP — WATERS OF THE U.S. DATE: / EXISTING CONDITIONS STUDY 3/10/17 SUBJECT TO USACEINCDEQ VERIFICATION ATTACHMENT A PRELIMINARY JURISDICTIONAL DETERMINATION FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PRELIMINARY JURISDICTIONAL DETERMINATION (JD):9/13/17 B. NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD: Susan Henn, Henn Automotive LLC PO Box 115, Waxhaw, NC 28173 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington, NC D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: 1152 North Broome Street, Waxhaw, NC 28173 - see JD Request Form (USE THE ATTACHED TABLE TO DOCUMENT MULTIPLE WATERBODIES AT DIFFERENT SITES) State: NC County/parish/borough: Union City: Waxhaw Center coordinates of site (lat/long in degree decimal format): Lat. 34.9346 ON; Long. -80.7481 °W. Universal Transverse Mercator: 17N Name of nearest waterbody: Blythe Creek Identify (estimate) amount of waters in the review area: Non -wetland waters: 459 linear feet: 7 width (ft) and/or 0.06 acres. Cowardin Class: R4 Stream Flow: Intermittent Wetlands: 0.0 acres. Cowardin Class: Name of any water bodies on the site that have been identified as Section 10 waters: Tidal: Non -Tidal: E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑ Office (Desk) Determination. Date: ❑ Field Determination. Date(s): SUPPORTING DATA. Data reviewed for preliminary JD (check all that apply - checked items should be included in case file and, where checked and requested, appropriately reference sources below): ✓❑ Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant: WEPG ❑ Data sheets prepared/submitted by or on behalf of the app ' nt/consultant. Office concurs with data sheets/delineation report. Office does not concur with data sheets/delineation report. ❑ Data sheets prepared by the Corps: ❑ Corps navigable waters' study: ❑ U.S. Geological Survey Hydrologic Atlas: ❑ USGS NHD data ❑ USGS 8 and 12 digit HUC maps ✓❑ U.S. Geological Survey map(s). Cite scale & quad name. 1:24000/Waxhaw, NC ❑ USDA Natural Resources Conservation Service Soil Survey. Citation: ❑ National wetlands inventory map(s). Cite name: ❑ State/Local wetland inventory map(s): ❑ FEMA/FIRM maps: ❑ 100 -year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929) ✓❑ Photographs: 0✓ Aerial (Name & Date): 2016 or ❑✓ Other (Name & Date):Representative Site Photos - 3/10/17 ❑ Previous determination(s). File no. and date of response letter: ❑ Other information (please specify): 1. The Corps of Engineers believes that there may be jurisdictional waters of the United States on the subject site, and the permit applicant or other affected party who requested this preliminary JD is hereby advised of his or her option to request and obtain an approved jurisdictional determination (JD) for that site. Nevertheless, the permit applicant or other person who requested this preliminary JD has declined to exercise the option to obtain an approved JD in this instance and at this time. 2. In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre -construction notification" (PCN), or requests verification for a non -reporting NWP or other general permit, and the permit applicant has not requested an approved JD for the activity, the permit applicant is hereby made aware of the following: (1) the permit applicant has elected to seek a permit authorization based on a preliminary JD, which does not make an official determination of jurisdictional waters; (2) that the applicant has the option to request an approved JD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an approved JD could possibly result in less compensatory mitigation being required or different special conditions; (3) that the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) that the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) that undertaking any activity in reliance upon the subject permit authorization without requesting an approved JD constitutes the applicant's acceptance of the use of the preliminary JD, but that either form of JD will be processed as soon as is practicable; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a preliminary JD constitutes agreement that all wetlands and other water bodies on the site affected in any way by that activity are jurisdictional waters of the United States, and precludes any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an approved JD or a preliminary JD, that JD will be processed as soon as is practicable. Further, an approved JD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331, and that in any administrative appeal, jurisdictional issues can be raised (see 33 C.F.R. 331.5(a)(2)). If, during that administrative appeal, it becomes necessary to make an official determination whether CWA jurisdiction exists over a site, or to provide an official delineation of jurisdictional waters on the site, the Corps will provide an approved JD to accomplish that result, as soon as is practicable. 3 This preliminary JD finds that there 'may be" waters of the United States on the subject project site, and identifies all aquatic features on the site that could be affected by the proposed activity, based on the following information: IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for later jurisdictional determinations. Signature and date of Regulatory Project Manager (REQUIRED) 9 Heath Digitally signed by Heath Caldwell DN: cn=Heath Caldwell, o=WEPG, ou, (_11 email=heath.caldwell@wedands- Caldwell Dae: 2017.09.12 12:14:42 -041DO' Signature and date of person requesting preliminary JD (REQUIRED, unless obtaining the signature is impracticable) Stream A NORTH CAROLINA R4 - RIVERINE Linear 459 FOOT - DELINEATE 34.9351 -80.7476 Blythe Creek STREAM REACH EVALUATION FORM Date: 3/10/17 Evaluator: I NRN/LSR Eastin : -80.7476 Project: Henn Storage Facility: Intermittent Stream A Northin : 34.9350 Total Points: 1a. Stream is at least intermittent if > 19 or perennial if > 30" 21.5 (right -click the purple number and left -click Update Field to summarizepoints) 2 A. Geomorphology Absent Weak Moderate Strong SCORE 1a. Continuity of channel bed and bank 0 1 2 3 2 2. Sinuosity of channel along thalweg 0 1 2 3 1 3. In -channel structure: riffle- / step- pool sequence 0 1 2 3 1 4. Particle size of stream substrate 0 1 2 3 1 5. Active/relic floodplain 0 1 2 3 1 0 6. Depositional bars or benches 0 1 2 3 1 7. Recent alluvial deposits 0 1 2 3 0 8. Headcuts 0 1 2 3 2 9. Grade controls 0 0.5 1 1.5 0.5 10. Natural valley 0 0.5 1 1.5 1 11. Second or greater order channel No = 0 Yes = 3 0 Geomorphology Subtotall- 9.5-` a Man-made ditches are not rated: see discussion in NCDWQ Manual B. Hydrology 12. Presence of Baseflow 0 1 2 3 1 13. Iron Oxidizing Bacteria 0 1 2 3 0 14. Leaf litter 1.5 1 0.5 0 1 15. Sediment on plants or debris 0 0.5 1 1.5 1 16. Organic debris lines or piles Wrack lines 0 0.5 1 1.5 1 17. Soil -based Evidence of high water table? Crayfish No = 0 Yes = 3 3 1.5 0 24. Amphibians Hydrology Subtotal -` 7.0-. C. Biology 18. Fibrous roots in streambed 3 2 1 0 2 19. Rooted upland plants in streambed 3 2 1 0 3 20. Macrobenthos note diversity and abundance 0 1 2 3 0 21. Aquatic Mollusks 0 1 2 3 0 22. Fish 0 0.5 1 1.5 0 23. Crayfish 0 0.5 1 1.5 0 24. Amphibians 0 0.5 1 1.5 0 25. Algae 0 0.5 1 1.5 0 26. Wetland plants in streambed FACW= 0.75, OBL= 1.5, Other= 0 0 Biology Subtotal 5.0' " perennial streams may also be identified usinq other methods. See paqe 35 of NCDWQ manual. Notes: Heavily Eroded. Adapted from NCDWQ: Methodology for Identification of Intermittent and Perennial Streams and their (version 4.11) Origins. WETLAND DETERMINATION DATA FORM — Eastern Mountains and Piedmont Region Project/Site: Henn Storage Facility City/County: Waxhaw/Union ADDlicant/Owner: Henn Automotive LLC State: NC Investigator(s): NRN, LSR Section, Township, Range: Landform (hillslope, terrace, etc.): Floodplain Local relief (concave, convex, none): Concave Subregion (LRR or MLRA): MLRA Lat: 35.9350 Long: -80.7476 Sampling Date: 3/10/17 - Sampling Point: Upland DP1 _ Slope (%): 8-15 Datum: Soil Map Unit Name: TbC2: Tarrus gravelly silty clay loam NWI classification: Are climatic / hydrologic conditions on the site typical for this time of year? Yes Y No (If no, explain in Remarks.) Are Vegetation N Soil N or Hydrology N significantly disturbed? Are "Normal Circumstances" present? Yes=✓ No = Are Vegetation N Soil N or Hydrology N naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes= No Is the Sampled Area Hydric Soil Present? Yes= No Q✓ within a Wetland? Yes No Wetland Hydrology Present? Yes= No Q Remarks: Upland Data Point 1 taken approximately 30' West of Seasonal RPW A. HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (minimum of two required) [=�urface Soil Cracks (136) E=6arsely Vegetated Concave Surface (138) Primary Indicators (minimum of one is required: check all that apply) =Surface Water (Al) =True Aquatic Plants (1314) =High Water Table (A2) =Hydrogen Sulfide Odor (Cl) [=]Drainage Patterns (610) =Saturation (A3) =Oxidized Rhizospheres on Living Roots (C3) =Moss Trim Lines (1316) =Water Marks (131) =Presence of Reduced iron (C4) =Dry -Season Water Table (C2) =Sediment Deposits (132) =Recent Iron Reduction in Tilled Soils (C6) =Crayfish Burrows (C8) =Drift Deposits (63) =Thin Muck Surface (C7) =Saturation Visible on Aerial Imagery (C9) =Algal Mat or Crust (134) =Other (Explain in Remarks) =Stunted or Stressed Plants (D1) =Iron Deposits (135) =Geomorphic Position (132) =Inundation Visible on Aerial Imagery (137) =Shallow Aquitard (D3) =Water -Stained Leaves (139) =Microtopographic Relief (D4) =Aquatic Fauna (1313) =FAC -Neutral Test (D5) Field Observations: Surface Water Present? Yes= No= Depth (inches): - Water Table Present? Yes= No= Depth (inches): - Saturation Present? Yes= No= Depth (inches): Wetland Hydrology Present? Yes = No �✓ _ includes capillary tinge) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: US Army Corps of Engineers Eastern Mountains and Piedmont —Version 2.0 VEGETATION (Five Strata) — Use scientific names of plants. Absolute Dominant Indicator Tree Stratum (Plot size: 30' ) % Cover Species? Status 1. Liquidambar styraciflua 35 Y FAC 2. Liriodendron tulipifera 25 Y FACU 3 Acer negundo 15 Y FAC 5. 6. 7. 75 Sapling Stratum (Plot size: 30' 1 Liriodendron tulipifera 15 2 Liquidambar styraciflua 10 g Acer negundo 5 5. 6. 7. 30 Shrub Stratum (Plot size: 30' 1 Ligustrum sinense 15 2. 3. 6. 7. _ 15 Herb Stratum (Plot size: 30' ) 1. Polystichum acrostichoides 20 2. 3. 5. 6. 7. 8. 9. 10. 11. 12, 20 Woody Vine Stratum (Plot size: 30' ) 1 Lonicera japonica 25 2. 3. 4. Zo Remarks: (Include photo numbers here or on a separate sheet.) = Total Cover Y FACU Y FAC N FAC Sampling Point: Upland DP1 Dominance Test worksheet: Number of Dominant Species That Are OBL, FACW, or FAC: 4 (A) Total Number of Dominant Species Across All Strata: 8 (B) Percent of Dominant Species That Are OBL, FACW, or FAC: 50% (A/B) Prevalence Index worksheet: Total % Cover of: Multiply by: OBL species x 1 = FACW species x 2 = FAC species x 3 = FACU species x4= UPL species X5= Column Totals: (A) (B) Prevalence Index = B/A = Hydrophytic Vegetation Indicators: = Total Cover Q 1 -Rapid Test for Hydrophytic Vegetation Y FACU 02 - Dominance Test is >50% 03 - Prevalence Index is s3.0' 04 - Morphological Adaptations' (Provide supporting data in Remarks or on a separate sheet) ❑Problematic Hydrophytic Vegetation' (Explain) 'Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problematic. = Total Cover Y FACU Tree — Woody plants, excluding woody vines, approximately 20 ft (6 m) or more in height and 3 in. (7.6 cm) or larger in diameter at breast height (DBH). Sapling — Woody plants, excluding woody vines, approximately 20 ft (6 m) or more in height and less than 3 in. (7.6 cm) DBH. Shrub — Woody plants, excluding woody vines, approximately 3 to 20 ft (1 to 6 m) in height. Herb — All herbaceous (non -woody) plants, including herbaceous vines, regardless of size, and woody plants, except woody vines, less than approximately 3 ft (1 m) in height. Woody vine — All woody vines, regardless of height. = Total Cover Y FAC = Total Cover Hydrophytic Vegetation Present? Yes= No✓� US Army Corps of Engineers Eastern Mountains and Piedmont — Version 2.0 SOIL to document the indicator or confirm the absence Sampling Point: Upland DP1 Depth Matrix Redox Features (inches) Color (moist) % Color (moist) % Type' Loc Texture Remarks 0-2 5YR 4/4 90 5YR 5/8 Loamy Clay 2-20 5YR 5/8 100 Soil Indicators: UHistosol (Al) =Histic Epipedon (A2) =Black Histic (A3) =Hydrogen Sulfide (A4) =Stratified Layers (A5) =2 cm Muck (A10) (LRR N) =Depleted Below Dark Surface (A11) =Thick Dark Surface (Al2) =Sandy Mucky Mineral (S1) (LRR N, MLRA 147, 148) =Sandy Gleyed Matrix (S4) =Sandy Redox (S5) =Stripped Matrix (S6) Type: Depth (inches): Remarks: Clay teduced Matrix, MS=Masked Sand Grains. 2Location: PL=Pore Lining, M=Matrix. Indicators for Problematic Hydric =Dark Surface (S7) =2 cm Muck (A10) (MLRA 147) =Polyvalue Below Surface (S8) (MLRA 147, 148) =Coast Prairie Redox (A16) =Thin Dark Surface (S9) (MLRA 147, 148) =Loamy Gleyed Matrix (F2) =Depleted Matrix (F3) =Redox Dark Surface (F6) =Depleted Dark Surface (F7) =Redox Depressions (F8) =Iron -Manganese Masses (F12) (LRR N, MLRA 136) =Umbric Surface (F13) (MLRA 136, 122) =Piedmont Floodplain Soils (F19) (MLRA 148) r—jRed Parent Material (F21) (MLRA 127, 147) (MLRA 147, 148) =Piedmont Floodplain Soils (F19) (MLRA 136, 147) Very Shallow Dark Surface (TF12) =Other (Explain in Remarks) 3Indicators of hydrophytic vegetation and wetland hydrology must be present, unless disturbed or problematic. Hydric Soil Present? Yes= No 0 US Army Corps of Engineers Eastern Mountains and Piedmont – Version 2.0 �� r��Jf� erg � ?� f� :��� � •.� r z _ � <. t ' ..>t' . � • � ! t. r �•�rr. , i .. l -f.. tr ' .. � � r } ` fir`' :�/ t ��5 v� � yy��r'� � .t - �• � Threatened & Endangered Species Report Z Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. Threatened / Endangered / Protected Species Evaluation For: Henn Storage Facility Waxhaw, Union County, North Carolina By: Lisa R. Gaffney August 22, 2017 Charlotte Office: www.wetiands-epg.com Asheville Office: 10612-D Providence Rd. 1070 Tunnel Rd., Bldg. PMB 550 Suite 10, PMB 283 Charlotte, NC 28277 Asheville, NC 28805 (704)904-2277 (828)708-7059 len.rindner@wetlands-epg,com amanda.jones@wetlands-epg.com Henn Storage Facility —Threatened / Endangered / Protected Species Evaluation GENERAL LANDSCAPE DESCRIPTION: The Henn Storage Facility site is 3.637 acres located just east of Hwy 16 / N.Broome Street, and just north of Waxhaw Parkway in Waxhaw, Union County, North Carolina. It can be found on the Waxhaw, NC USGS Topographic Quadrangle Map; latitude is 35.9347 N, longitude is -80.7477 W. The site is an urbanized, small business site, currently an automobile service center. The topography is gently to moderately sloped with the elevation ranging from 590 to 630 ft. (Figure 1). Figure 1: RG LRE Na HEI -84 STORAGE FACILITY Drawn B/: Reviewed Bq: Lt1717)r I Un*n OD, NC NRN LS Ft DATE: LISGS W F - W ATE RS OF THE U.S. EXISTM CO NDfnO NS STUDY 3/10/17 5 LVEC771) L6.ACE W&RCA 7?aV Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. Henn Storage Facility —Threatened / Endangered / Protected Species Evaluation METHODOLOGY: The US Fish and Wildlife Service website http://www.fws.gov/raleigh/species/cntylist/union.html was referenced to determine the occurrence of Threatened, Endangered and Protected species for Union County North Carolina, the results of which are listed below (Table 1). Maps and aerial photographs were assembled and the site was investigated August 11, 2017. Table 1: Threatened / Endangered / Protected Species listed for Union County County: Union, NC *Source: US Fish & Wildlife Service **Data search on August 11, 2017 Grou Name Status Lead Office Clams Carolina heelsplitter Endangered Asheville (Lasmigona Ecological decorata) Services Field Office Flowering Schweinitz's Endangered Asheville Plants sunflower Ecological (Helianthus Services Field schweinitzh) Office Flowering Michaux's sumac Endangered Raleigh Plants (Rhus michauxii) Ecological Services Field Office Birds Bald Eagle Protected under the Great Lakes- (Haliaeetus Bald and Golden Big Rivers leucocephalus) Eagle Protection Act Region (Region 3) WEPG 3 Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. Henn Storage Facility —Threatened /Endangered /Protected Species Evaluation Two plant species with federal protection are listed as potentially occurring in Union County: Schweinitz's Sunflower (Helianthus schweinitzit), 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). • 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. Two animal species with federal protection are listed as potentially occurring in Union 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. RESULTS: The site is an urbanized, small business site; currently an automobile service center. Areas near the road and perimeter of the parking lot have been informally landscaped, with mowed turf grass. There is a narrow buffer of trees and shrubs along the boundaries of the site. Some transitional habitat with herbs, vines and shrubs is present between the managed areas and the tree lines. Trees present are Loblolly Pine (Pinus taeda), Sawtooth Oak (Quercus acutissima), Tulip Poplar (Liriodendron tulipifera), Sweet Gum (Liquidambar styraciflua), Red Cedar (Juniperus virginiana), Flowering Dogwood (Comus florida), Black Gum (Nyssa sylvatica), and Black Cherry (Prunus serotina). Shrubs present are Autumn Olive (Elaeagnus umbellata), Chinese Privet (Ligustrum sinense), Wax Myrtle (Myrica cerifera), and Groundsel-tree (Baccharis halimifolia). Vines present are Japanese Honeysuckle (Lonicera japonica), Trumpet Creeper (Campsis radicans), Catbrier (Smilax spp.), Henn Storage Facility —Threatened / Endangered / Protected Species Evaluation Muscadine (Vitis rotundifolia), and Poison Ivy (Toxicodendron radicans). Herbs present are Johnson Grass (Sorghum halepense), Sericea Lespedeza (Lespedeza cuneata), Ragwort (Packera sp.) Indian Hemp (Apocynum cannabinum), Goldenrod (Solidago spp.), Beggars Ticks (Desmodium sp.), and Dogfennel (Eupatorium capillifolium). Threatened & Endannered/Protected Saecies Results • All potential habitats for Schweinitz's Sunflower and Michaux's Sumac along the roadside corridor, and tree and lawn edges were closely examined and neither of these species was present. • The stream on site does not have the habitat characteristics required to support populations of the Carolina Heelsplitter. No mussels were observed during the survey nor would any be expected on-site. • There is no bald eagle habitat on site, and no eagles or eagle's nests were observed. RECOMMENDATIONS: I recommend further consultation with the project planners and engineers regarding coordination with USFWS and other federal and state agencies as needed. Respectfully submitted, Lisa R. Gaffney Biologist August 22, 2017 Henn Storage Facility —Threatened / Endangered / Protected Species Evaluation Curriculum Vitae for: Lisa R. Gaffney Biologist / Botanist B.S. Biology, University of North Carolina at Charlotte Ms. Gaffney is a classically trained botanist and biologist, and has conducted field work and investigative studies covering thousands of cumulative acres in both North and South Carolina since 1996, including: • Cabarrus County NC Natural Heritage Inventory 1997-1998. Organized, directed, and worked in field survey of natural areas in Cabarrus County for the North Carolina Natural Heritage Program. • Lincoln County NC Natural Heritage Inventory 2000-2001. Organized, directed, and worked in field survey of natural areas in Lincoln County for the North Carolina Natural Heritage Program. • Threatened and Endangered Species Surveys and Natural Communities Evaluation for over 40,000 acres in North and South Carolina, 1996 - present. • Located and identified at least six previously unreported populations of Federally Endangered Schweinitz's Sunflower (Helianthus schweinitzil). • 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. Henn Storage Facility —Threatened/ Endangered/ Protected Species Evaluation Figure 2: VICINTIY MAP ak 6iv'� i�8mt778 S �iZTa -o a� . t4 A� Subway 6DJarefes' Fornaus ChkkeJT ,n B. CBS y,i rA ElvaParto mexexpress III FIGURE NO. i'i Aslan &A `C 4.att+ Rd 110 311 :1 Weddmgton SRE _ Alineral Wax . Springs PROJECT BOUNDARY ty STUDY LIMITS Waxhaw Fit Body Boat Camp CVS PhonTacy Stare • UtVred 11 States *' Abstal C)p Service 51� Jel HENN STORAGE FACILITY Union Co., NC VICINITY MAP—WATERS OF THE U.S. EXISTING CONDITIONS STUDY SUBJECT TO USACE VERIFICATION Drawn By: I Reviewed By: NRN LSR DATE 3/10/17 Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. Henn Storage Facility —Threatened / Endangered / Protected Species Evaluation Figure 3: USGS MAP FIG LRE Na HEIV STORAGE FACILITYI Drawn CN: Reviewed Reviewed Rf: UniDnCo.,NC NP.N LS DAT E: USGS WP- WATER OF THE U.S. EXISTING CONDITIORISSTUDY 311CV17 S LEVE CT 70 LLAa ZKHCA 77CNI YVE P G -_- a Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. Henn Storage Facility —Threatened / Endangered / Protected Species Evaluation Figure 4: AERIAL MAP FIGURE NO. HEN STORAGE FACILITY Dravm B y 1_1 into n Co., NC I NI_ AERIAL MAP - WATERS OF THE U.S. EXISTING CONDITIONS STUDY StW3C7T0UZACV)NC93QVBPJFTCATI0N DATE 311111136 k. evlerovFd By. Wetlands and Environmental Planning Group Leonard S. Rindiner, PLLC. IICI117 S101 -age Facilil.V - 1171-calel7ed / Endangered, Proiccied Species Evaluation Figure 5: SOIL MAP PROIECT BOUNDARY STUDY UMRS FIGURE N Cl I IAC:' HENN STORAGE FACILITY Union Co., INC NRCS PUBLISHED SOLS MAP -WATERS OF THE U.S.- EXISTING CONDITIONS STUDY SUBJECT TO NCDEQ VERIR CATION N '. r Drawn By:I Reviewed By: NRN LSR DATE: 3/18/17 Wetlands and Environmental Planning Group Leonard S. Rindne+-, PLLC.