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HomeMy WebLinkAbout20191505 Ver 1_401 Application_20191029C�_ 6 / 91,50 J_� Preliminary ORM Data Entry Fields for New Actions SAW — 201 - BEGIN DATE [Received Date]: Ap 00 Prepare file folder ❑ Assign Action ID Number in ORM ❑ 7 1. Project Name [PCN Form A2a]: Oakridge Motorsports 2. Work Type: Private ❑ Institutional ❑ Government ❑ Commercial 3. Project Description / Purpose [PCN Form 63d and 133e]: Construction of commercial building. 4. Property Owner / Applicant [PCN Form A3 or A4]: John Giambra 5. Agent / Consultant [PCN Form A5 — or ORM Consultant ID Number]: Atlas Environmental, Jennifer Robertson 6. Related Action ID Number(s) [PCN Form 135b]: None known 7. Project Location - Coordinates, Street Address, and/or Location Description [PCN Form 61b]: 603 Oakridge Farm Hwy, Mooresville, NC 28115 35.60326,-80.81098 8. Project Location - Tax Parcel ID [PCN Form B1a]: 4667-196-472.000 9. Project Location —County [PCN Form A2b]: Iredell County 10. Project Location — Nearest Municipality or Town [PCN Form A2c]: Mooresville 11. Project Information — Nearest Waterbody [PCN Form 132a]: Back Creek; WS-11, HQW 12. Watershed / 8-Digit Hydrologic Unit Code [PCN Form 132c]: South Yadkin, 03040102 Authorization: Section 10 ❑ Section 404 Regulatory Action Type: Standard Permit ✓ Nationwide Permit # NWP 39 (ATF) ❑ Regional General Permit # Q Jurisdictional Determination Request ❑✓ Section 10 & 404 ❑ Pre -Application Request Unauthorized Activity ❑ Compliance ❑ No Permit Required F'RECOVEDIDENRI)WR OCT 2 9 2019 "tor Rsaourrp:s itrmitting $000A Revised 20180615 Page 1 of 59 VIRONMENTAL US Army Corps of Engineers Asheville Regulatory Field Office Attn: Ms. Catherine M. Janiczak 151 Patton Avenue, Room 208 Asheville, North Carolina 28801-5006 October 24, 2019 NC Division of Water Resources 401 and Buffer Permitting Unit Attn: Mrs. Karen Higgins 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Re: Oakridge Motorsports - N 5.79 Acres 603 Oakridge Farm Hwy, Mooresville, NC 28115 Jurisdictional Determination and ATF NWP 39 Request Cathy/Karen: The applicant, Mr. John Giambra, is requesting approval of the enclosed JD and ATF NWP 39. Atlas Environmental staff has been on site multiple times in July and August to assess the unpermitted impacts. Atlas had previous delineation GPS information from 2018. All features on property drain to Back Creek which is classified as WS-II; HQW. Impacts include 292 linear feet of intermittent stream and 0.021 acre of wetlands. The rip rap apron below the outlet of the culvert will be removed within the stream to remove this impact. Enclosed are the necessary jurisdictional determination and permit documents. Thank you for your attention to the enclosed request. Please contact me if you need any additional information. Best regards, dl&kZ VAO-, Jennifer L Robertson, President jrobertson0)atlasenvi.com Digital copy to: Mr. Alan Johnson, DWR Mooresville Regional Office ATLAS Environmental, Inc. 338 S. Sharon Amity Road, #411 Charlotte, North Carolina 28211 704-512-1206 (o) / 828-712-9205 (m) www.atlasenvi.com / Offices in Asheville and Charlotte Page 2 of 59 Jurisdictional Determination Request 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 via mail, electronic mail, or facsimile. Requests should be sent to the appropriate project manager of the county in which the property is located. A current list of project managers by assigned counties can be found on-line at: hqp•//www saw usace g,= mil/Missions/RegullatoryPertnitProaram/Contact/CountyLocator aspx, by calling 910-251-4633, or by contacting any of the field offices listed below. Once your request is received you will be contacted by a Corps project manager. ASHEVILLE & CHARLOTTE REGULATORY FIELD OFFICES 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 INSTRUCTIONS: 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 WILNUNGTON 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 All requestors must complete Parts A, B, C, D, E, F and G. 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 H. 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(s) or the owner(s) authorized agent 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: A Corps approved or preliminary 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 also request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. Version: May 2017 Page 1 Page 3 of 59 A. 10 C. Jurisdictional Determination Request PARCEL INFORMATION Street Address: 603 Oakridge Farm Hwy City, State: Mooresville, NC 28115 County: I redel I Parcel Index Number(s) (PIN): 4667-196-472.000 REQUESTOR INFORMATION Name: Mr. John Giambra Mailing Address: 108 Washam Road Mooresville, N.C. 28117 Telephone Number: 570-885-2474 Electronic Mail Address: jmg131 O@epix.net Select one: aI am the current property owner. I am an Authorized Agent or Environmental Consultant' ❑ Interested Buyer or Under Contract to Purchase ❑ Other, please explain. PROPERTY OWNER INFORMATION Name: Mr. John Giambra Mailing Address: 108 Washam Road Mooresville, N.C. 28117 Telephone Number: 570-885-2474 Electronic Mail Address: jmg131 O@epix.net ' Must provide completed Agent Authorization Form/Letter. 2 Documentation of ownership also needs to be provided with request (copy of Deed, County GIS/Parcel/Tax Record). Version: May 2017 Page 2 Page 4 of 59 Jurisdictional Determination Request D. PROPERTY ACCESS CERTIFICATION3,4 By signing below, I 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, if necessary, and issuing a jurisdictional determination pursuant to Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. I, the undersigned, am either a duly authorized owner of record of the property identified herein, or acting as the duly authorized agent of the owner of record of the property. 161 /4 / 2 i Print Name Capacity: Owner ❑ Authorized Agents JUr -Vv)ri Date /i J 0.,7 E. REASON FOR JD REQUEST: (Check as many as applicable) I intend to construct/develop a project or perform activities on this parcel which would be designed to avoid all aquatic resources. ❑ I intend to construct/develop a project or perform activities on this parcel which would be designed to avoid all jurisdictional aquatic resources under Corps authority. Q✓ I intend to construct/develop a project or perform activities on this parcel which may require authorization from the Corps, and the JD would be used to avoid and minimize impacts to jurisdictional aquatic resources and as an initial step in a future permitting process. I intend to construct/develop a project or perform activities on this parcel which may require authorization from the Corps; this request is accompanied by my permit application and the JD is to be used in the permitting process. ❑ I intend to construct/develop a project or perform activities in a navigable water of the U.S. which is included on the district Section 10 list and/or is subject to the ebb and flow of the tide. HA Corps JD is required in order obtain my local/state authorization. I intend to contest jurisdiction over a particular aquatic resource and request the Corps confirm that jurisdiction does/does not exist over the aquatic resource on the parcel. I believe that the site may be comprised entirely of dry land. Other: ` For NCDOT requests following the current NCDOT/USAGE protocols, skip to Part E. a If there are multiple parcels owned by different parties, please provide the following for each additional parcel on a continuation sheet. 5 Must provide agent authorization form/letter signed by owner(s). Version: May 2017 Page 3 Page 5 of 59 Jurisdictional Determination Request F. JURISDICTIONAL DETERMINATION (JD) TYPE (Select One) ❑� I am requesting that the Corps provide a preliminary JD for the property identified herein. A Preliminary Jurisdictional Determination (PJD) provides an indication that there may be "waters of the United States" or "navigable waters of the United States"on a property. PJDs are sufficient as the basis for permit decisions. For the purposes of permitting, all waters and wetlands on the property will be treated as if they are jurisdictional "waters of the United States". PJDs cannot be appealed (33 C.F.R. 331.2); however, a PJD is "preliminary" in the sense that an approved JD can be requested at any time. PJDs do not expire. ❑ I am requesting that the Corps provide an approved JD for the property identified herein. An Approved Jurisdictional Determination (AJD) is a determination that jurisdictional "waters of the United States" or "navigable waters of the United States" are either present or absent on a site. An approved JD identifies the limits of waters on a site determined to be jurisdictional under the Clean Water Act and/or Rivers and Harbors Act. Approved JDs are sufficient as the basis for permit decisions. AJDs are appealable (33 C.F.R. 331.2). The results of the AJD will be posted on the Corps website. A landowner, permit applicant, or other "affected party" (33 C.F.R. 331.2) who receives an AJD may rely upon the AJD for five years (subject to certain limited exceptions explained in Regulatory Guidance Letter 05- 02). I am unclear as to which JD I would like to request and require additional information to inform my decision. G. ALL REQUESTS Pel Map of Property or Project Area. This Map must clearly depict the boundaries of the review area. ✓❑ Size of Property or Review Area 5•79 acres. a✓ The property boundary (or review area boundary) is clearly physically marked on the site. Version: May 2017 Page 4 Page 6 of 59 Jurisdictional Determination Request H. REQUESTS FROM CONSULTANTS Wel Project Coordinates (Decimal Degrees): Latitude: 35.6026 Longitude:-80.8102 0 A legible delineation map depicting the aquatic resources and the property/review area. Delineation maps must be no larger than 11 x 17 and should contain the following: (Corps signature of submitted survey plats will occur after the submitted delineation map has been reviewed and approved).6 ■ North Arrow ■ Graphical Scale ■ Boundary of Review Area ■ Date ■ Location of data points for each Wetland Determination Data Form or tributary assessment reach. For Approved Jurisdictional Determinations: ■ Jurisdictional wetland features should be labeled as Wetland Waters of the US, 404 wetlands, etc. Please include the acreage of these features. ■ Jurisdictional non -wetland features (i.e. tidal/navigable waters, tributaries, impoundments) should be labeled as Non -Wetland Waters of the US, stream, tributary, open water, relatively permanent water, pond, etc. Please include the acreage or linear length of each of these features as appropriate. ■ Isolated waters, waters that lack a significant nexus to navigable waters, or non - jurisdictional upland features should be identified as Non -Jurisdictional. Please include a justification in the label regarding why the feature is non jurisdictional (i.e. "Isolated", "No Significant Nexus", or "Upland Feature"). Please include the acreage or linear length of these features as appropriate. For Preliminary, Jurisdictional Determinations: Wetland and non -wetland features should not be identified as Jurisdictional, 404, Waters of the United States, or anything that implies jurisdiction. These features can be identified as Potential Waters of the United States, Potential Non -wetland Waters of the United States, wetland, stream, open water, etc. Please include the acreage and linear length of these features as appropriate. ❑ Completed Wetland Determination Data Forms for appropriate region (at least one wetland and one upland form needs to be completed for each wetland type) Please refer to the guidance document titled "Survey Standards for Jurisdictional Determinations" to ensure that the supplied map meets the necessary mapping standards. h=://www.saw.usace.army.mil/Missions/Reizulatory-Permit- Pro,gram/Jurisdiction/ Version: May 2017 Page 5 Page 7 of 59 Jurisdictional Determination Request Completed appropriate Jurisdictional Determination form • PJDs, please complete a Preliminary, Jurisdictional Determination Form' and include the Aquatic Resource Table • AJDs, please complete an Approved Jurisdictional Determination Form' a Vicinity Map W] Aerial Photograph USGS Topographic Map a Soil Survey Map Other Maps, as appropriate (e.g. National Wetland Inventory Map, Proposed Site Plan, previous delineation maps, LIDAR maps, FEMA floodplain maps) Landscape Photos (if taken) NCWAM and/or NCWAM Assessment Forms and Rating Sheets FNC Division of Water Resources Stream Identification Forms Other Assessment Forms ' www.saw.usace.army.mil/Portals/59/docs/regulatory/regdocs/J`D/RGL 08-02 App A Prelim JD Form fillable.pdf ' Please see hU://www.saw.usace.army.mil/Missions/Regulatory-Permit-Program/Jurisdiction/ Principal Purpose: The information that you provide will be used in evaluating your request to determine whether there are any aquatic resources within the project area subject to federal jurisdiction under the regulatory authorities referenced above. Routine Uses: This information may be shared with the Department of Justice and other federal, state, and local government agencies, and the public, and may be made available as part of a public notice as required by federal law. Your name and property location where federal jurisdiction is to be determined will be included in the approved jurisdictional determination (AJD), which will be made available to the public on the District's website and on the Headquarters USAGE website. Disclosure: Submission of requested information is voluntary; however, if information is not provided, the request for an AJD cannot be evaluated nor can an AJD be issued. Version: May 2017 Page 6 Page 8 of 59 VIRONMENaa{-TTA_LL� AGENT AUTHORIZATION FORM U.S. Army Corps of Engineers, Wilmington District Attn: Mr. Scott McLendon, Chief, Regulatory Division PO Box 1890 Wilmington, North Carolina 28402-1890 -and- NC Division of Water Resources, Water Quality Program Wetlands, Buffers, Streams - Compliance and Permitting Unit Attn: Mrs. Karen Higgins, Supervisor 1617 Mail Service Center Raleigh, North Carolina 27699-1650 I, the current landowner, lessee, contract holder to purchase, right to purchase holder, or easement holder of the property/properties identified below, hereby authorize Atlas Environmental Inc to act on my behalf as my agent during the processing of permits to impact Wetlands and Waters of the US that are regulated by the Clean Water Act and the Rivers and Harbors Act. Federal and State agents are authorized to be on said property when accompanied by Atlas Environmental Inc staff for the purpose of conducting on -site investigations and issuing a determination associated with Waters of the US subject to Federal jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899 and Waters of the State including 404 Wetlands, Isolated Wetlands, and other non-404 Wetlands subject to a permitting program administered by the State of North Carolina. Atlas Environmental Inc is authorized to provide supplemental information needed for delineation approval and/or permit processing at the request of the Corps or NC DWR Water Quality Program. Project Name:(A",(- Property Owner of Record:�y �'.1 l� �"'i f A Contact Name: k )q Address: ii ��"(�''1 �61�'1. ►c Address: S U. ` /-u Phone/Fax Number: ?0 rd Email Address: / 7 4 X • MQC-i Project Address: L,3 C)A16L, jd-- - - /yn /41,L�' Project Address: Al oa-'Q.��'; � l _ Tax PIN: - Signature: ) Date: l U - / rj A T AS Environmental Inc. 338 S. Sharon Amity Road, #411 Charlotte, North Carolina 28211 704-512-1206 (o) / 828-712-9205 (m) jrobertson@atiasenvi.com www.adasenvi.com Page 9 of 59 o�of W ATF9QG J -1 O T Office Use Only: Corps action ID no. DWQ project no. Form Version 1.4 January 2009 Pre -Construction Notification (PCN) Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: ®Section 404 Permit ❑Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: 39 or General Permit (GP) number: 1 c. Has the NWP or GP number been verified by the Corps? ❑ Yes ® No 1 d. Type(s) of approval sought from the DWQ (check all that apply): ® 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 ® No For the record only for Corps Permit: ❑ Yes ® 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 ❑ No 1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ❑ Yes ® 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: Oakridge Motorsports 2b. County: Iredell 2c. Nearest municipality / town: Mooresville 2d. Subdivision name: Not a Subdivision 2e. NCDOT only, T.I.P. or state project no: not a DOT project 3. Owner Information 3a. Name(s) on Recorded Deed: John Giambra 3b. Deed Book and Page No. 2571/677 3c. Responsible Party (for LLC if applicable): not applicable 3d. Street address: 108 Washam Road 3e. City, state, zip: Mooresville, NC 28117 3f. Telephone no.: 570-885-2474 3g. Fax no.: N/A 3h. Email address: jmg1310@epix.net Page 1 of 10 PCN Form — Version 1.4 January 2009 Page 10 of 59 4. Applicant Information (if different from owner) 4a. Applicant is: ❑ Agent ® Other, specify: Owner 4b. Name: John Giambra 4c. Business name (if applicable): 4d. Street address: 108 Washam Road 4e. City, state, zip: Mooresville, NC 28117 4f. Telephone no.: 570-885-2474 4g. Fax no.: n/a 4h. Email address: jmg1310@epix.net 5. Agent/Consultant Information (if applicable) 5a. Name: Jennifer L Robertson 5b. Business name (if applicable): Atlas Environmental, Inc. 5c. Street address: 338 S Sharon Amity Road, #411 5d. City, state, zip: Charlotte, NC 28211 5e. Telephone no.: 704-512-1206 5f. Fax no.: no fax 5g. Email address: jrobertson@atlasenvi.com Page 2 of 10 PCN Form — Version 1.4 January 2009 Page 11 of 59 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 4667-196-472.000 1 b. Site coordinates (in decimal degrees): Latitude: 35.60326 Longitude: - 80.81098 1 c. Property size: 5.8 acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: Back Creek 2b. Water Quality Classification of nearest receiving water: WS-II, HQW 2c. River basin: South Yadkin, 03040102 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 has been graded and the culvert has been installed. The general land use in the vicinity is commercial development. 3b. List the total estimated acreage of all existing wetlands on the property: 0.021 acre 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 524 linear feet 3d. Explain the purpose of the proposed project: To construct a parking lot for the building that abuts the road and to provide access to the back building on property. 3e. Describe the overall project in detail, including the type of equipment to be used: This project is for two commerical buildings requiring land clearing and leveling. Heavy equipment will be used to prepare the site for construction. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project (including all prior phases) in the past? ® Yes ❑ No ❑ Unknown Comments: 4b. If the Corps made the jurisdictional determination, what type of determination was made? ® Preliminary ❑ Final 4c. If yes, who delineated the jurisdictional areas? Name (if known): Austin Baggarley, Jennifer Robertson, and Jacob Sinclair Agency/Consultant Company: Atlas Environmental, Inc. Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. included with the NWP 39 package 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? ❑ Yes ® No ❑ Unknown 5b. If yes, explain in detail according to "help file" instructions. 6. Future Project Plans 6a. Is this a phased project? ❑ Yes ® No 6b. If yes, explain. N/A Page 3 of 10 PCN Form — Version 1.4 January 2009 Page 12 of 59 C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): ® Wetlands ® Streams - tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. Wetland impact number Permanent (P) or Tem ora T 2b. Type of impact 2c. Type of wetland (if known) 2d. Forested 2e. Type of jurisdiction Corps (404, 10) or DWQ (401, other) 2f. Area of impact (acres) W1 P Fill Headwater Wetland Yes Corps 0.019 W2 P Fill Headwater Wetland Yes Corps 0.001 W3 P Fill Headwater Wetland Yes Corps 0.001 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: 0.021 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 (Corps - 404, 10 DWQ — non-404, other) 3f. Average stream width (feet) 3g• Impact length (linear feet) S1 P Culvert CH 100 PER Corps 3 292 S2 - Choose one PER Corps S3 - Choose one PER Corps S4 - Choose one PER Corps S5 - Choose one PER Corps S6 - Choose one PER Corps 3h. Total stream and tributary impacts: 292 3i. Comments: Page 4 of 10 PCN Form — Version 1.4 January 2009 Page 13 of 59 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 individually list all open water impacts below. 4a. Open water impact number- Permanent (P) or Tem ora 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, then complete the chart below. 5a. Pond ID number 5b. Proposed use or purpose of pond 5c. Wetland Impacts (acres) 5d. Stream Impacts (feet) 5e. Upland (acres) Flooded Filled Excavated Flooded Filled Excavated P1 Choose one P2 Choose one 5f. Total: 5g. Comments: 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWO) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. 6a.Project is in which protected basin? ❑ Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Randleman ❑ Other: 6b. Buffer impact number- Permanent (P) or Temporary (T) 6c. Reason for impact 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact (square feet) 6g. Zone 2 impact (square feet B1 - Yes/No B2 - Yes/No B3 - Yes/No B4 - Yes/No B5 - Yes/No B6 - Yes/No 6h. Total buffer impacts: 6i. Comments: Page 5 of 10 PCN Form - Version 1.4 January 2009 Page 14 of 59 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. The minimal footage of stream as possible was impacted to construct a building adjacent to the highway as well as construct the stormwater bmp. Additional stream impacts will be removed at the rip rap apron. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Side slopes are designed as steep as possible to reduce impacts. 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 ❑ 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 program ® Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: none 3b. Credits Purchased (attach receipt and letter) Type: Choose one Type: Choose one Type: Choose one Quantity none Quantity none Quantity none 3c. Comments: none 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: 292 (0.25:1 ratio) linear feet 4c. If using stream mitigation, stream temperature: Warm 4d. Buffer mitigation requested (DWQ only): none square feet 4e. Riparian wetland mitigation requested: none acres 4f. Non -riparian wetland mitigation requested: none acres 4g. Coastal (tidal) wetland mitigation requested: none 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. The storm water pond will be designed to treat a 25 year storm as opposed to a 10 year storm. The applicant is also treating storm water above his project coming off the highway. A dry pond is required but the engineer will design for a wet pond and we will plant a littoral shelf (constructed wetland). Page 6 of 10 PCN Form — Version 1.4 January 2009 Page 15 of 59 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 ® 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 none none 3 (2 for Catawba) none Zone 2 none none 1.5 none 6f. Total buffer mitigation required: none 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). not applicable 6h. Comments: no comments Page 7 of 10 PCN Form — Version 1.4 January 2009 Page 16 of 59 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? ❑ Yes ® No 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? >24% % 2b. Does this project require a Stormwater Management Plan? ® 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: The project is within Mooresville jurisdiction. 2e. Who will be responsible for the review of the Stormwater Management Plan? Mooresville 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? Mooresville 3b. Which of the following locally -implemented stormwater management programs apply (check all that apply): ® Phase II ❑ NSW ❑ USMP ❑ Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been attached? ❑ Yes ® No 4. DWQ Stormwater Program Review 4a. Which of the following state -implemented stormwater management programs apply (check all that apply): ❑ Coastal counties ❑ HQW ❑ ORW ❑ Session Law 2006-246 ❑ Other: 4b. Has the approved Stormwater Management Plan with proof of approval been attached? ❑ Yes ® No 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 Page 17 of 59 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 ® 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)? 1c. 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: n/a 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 ❑ No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after -the -fact permit application? ® Yes ® No 2c. If you answered 'yes" to one or both of the above questions, provide an explanation of the violation(s): the impacts are already in place 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in ❑ Yes ® No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. Sanitary sewer. Page 9 of 10 PCN Form — Version 1.4 January 2009 Page 18 of 59 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 ® No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ® Yes ❑ No impacts? 5c. If yes, indicate the USFWS Field Office you have contacted. Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? NCDENR Natural Heritage Program Map Viewer and GIS Layer; iPAC FWS GIS Layer. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes ® No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? NOAA 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 ® 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? NCHPO GIS Service. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? ❑ Yes ® No 8b. If yes, explain how project meets FEMA requirements: There is no FEMA floodplain on site. 8c. What source(s) did you use to make the floodplain determination? FEMA floodmaps GIS layer Jennifer L Robertson �A+ 10/24/2019 Applicant/Agent's Printed Name Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant isprovided.) Page 10 of 10 PCN Form — Version 1.4 January 2009 Page 19 of 59 o :E �+ w \ 0 3 3 —n 3 ® \ > 0 O b x CC C O r O N r 7 W b> OC TIC Q O O O 3 O a 0 o3 0 I u Date: July 31, 2019 0 Updated: N/A JMG Construction Inc. Mr. John Giambra Highway 150 By -Pass 615 Oak Ridge Farm Highway Mooresville NC, 28115 Coordimates: 35.60365,-80.93196 ONMENTAL 338 S. Sharon Amity Road, #411 Charlotte, NC 28211 6/27/2018 8430 University Executive Park Dr to 615 Oakridge Farm Hwy - Google Maps Go gle Maps 8430 University Executive Park Dr to 615 Oakridge Drive 30.0 miles, 36 min Farm Hwy C- _pp to ckbum Orun3e Sh—lils Ford © �-' `� 3r5 Crossroads n 615 Oakridge Correll - _ Fenn Highway .-. Others Lake Norman''^a Crossroads of Catawba Malden oofeywllle 152 China Grove isz . 553 0 IS. j(.if Mourne j Landis Denver rim l Enochville rn to 3zt Westport. �;. avidsom.,- R 38 min I Il ]3 � 25.0 irmin .. '. elius 3 Kannapolis Lincolnton \\\ 13 0 is 17 Q 36 mint �42 min zz isc 30 0 miles 29.4 miles ��-.-.....-me...... Iron Station is -' ] n ]3 3a� Lowesvil{e terswlle �� �t Concord High Shoals Alexis (3 Hard,ns Lucia -p¢erno i„f 1e zrv Stanley Ashebrook Tryon park 31t 0 xt �`nrc�Gt+ j 7(i� ns y Harrisburg (1^a» 1J Dallas Spencer 8430 University zis Mountain Mt Hotly ]. r ns G0,- gle Executive Park Drive Bessemer -City ® Ranio °1 Lowell ]'3 Woodford Map data ©2018 Google 2 mi r r 8430 University Executive Park Dr Charlotte, NC 28262 Get on 1-85 N 3 min (0.9 mi) t 1. Head north on University Executive Park Dr 0.2 mi 41 2. Turn left onto W W.T.Harris Blvd 0.4 mi 3. Turn right onto the Interstate 85 N ramp 0.3 mi Take 1-485 Outer and 1-77 N to NC-150 E/W Plaza Dr in Mooresville. Take exit 36 from 1-77 N 24 min (25.7 mi) 4. Merge onto 1-85 N 2.0 mi y' 5. Use the right 2 lanes to take exit 48 toward Huntersville 1.5 mi x b. Merge onto 1-485 Outer 4.6 mi https://www.google.com/maps/dir/8430+University+Executive+Park+Dr,+Charlotte,+NC+28262/615+Oakridge+Farm+Hwy, +Mooresville,+NC+281PWge 21 c f/99 6/27/2018 8430 University Executive Park Dr to 615 Oakridge Farm Hwy - Google Maps ' 7. Use the right lane to take exit 23 C-A for 1-77 toward Statesville/Charlotte 0.3 mi 41 8. Use the right lane to continue toward 1-77 N 0.8 mi 9. Keep right at the fork to continue on Exit 23B, follow signs for Interstate 77 N/Statesville and merge onto 1-77 N 16.4 mi y' 10. Take exit 36 for NC-150 toward Mooresville/Lincolnton 0.2 mi r► 11. Use the right 2 lanes to turn right onto NC-150 E/W Plaza Dr (signs for Mooresville) 0 Continue to follow NC-150 E 0 Pass by Burger King (on the right in 1.9 mi) 0 Destination will be on the left 7 min (3.3 mi) 615 Oakridge Farm Hwy Mooresville, NC 28115 These directions are for planning purposes only. You may find that construction projects, traffic, weather, or other events may cause conditions to differ from the map results, and you should plan your route accordingly. You must obey all signs or notices regarding your route. https://www.google.com/maps/dir/8430+ University+ Executive+Park+Dr, +Charlotte, +NC+28262/615+Oakridge+ Farm+Hwy, +Mooresville,+ NC+28 1 Wge 22 9/99 6/27/2018 610 E Center Ave, Mooresville, NC 28115 to 615 Oakridge Farm Hwy - Google Maps Go gle MapS 610 E Center Ave, Mooresville, NC 28115 to 615 Drive 2.1 miles, 6 min Oakridge Farm Hwy Cornelius P"I'k 4:71 Dewayne s Automotive 615 OWAIge Farm HI W 1105 Atinslow Bay Commons ata Staples W Pl. ar q3t, In 4P Walmart Supe�Qenlr, i5p6mi.] 2.1 melee qh W WL04' Ik 6 mitt esville 1.0 man 01 va j% 'Ile qA 610 East Center Avenue Town of MooreswIle Golf Club Y Merinos He -me ru")'SN-ngs Warehouse Mooresville Tax Service %II 13� Go ,gle Map data @2018 Google 2000 ft, 610 E Center Ave Mooresville, NC 28115 t 1. Head west on E Center Ave toward Cedar St 0.2 mi r* 2. Turn right onto N Maple St 0.2 mi 3. Turn left onto E Iredell Ave 0.3 mi f* 4. Turn right onto N Broad St 1.2 mi ro 5. Turn right onto NC-1 50 E 0 Destination will be on the left 0.2 mi 615 Oakridge Farm Hwy Mooresville, NC 28115 These directions are for planning purposes only. You may find that construction projects, traffic, weather, or other events may cause conditions to differ from the map results, and you should plan your route accordingly. You must obey all signs or notices regarding your route. https://www.google.com/maps/dir/61 O+E+Center+Ave, +Mooresville,+ NC+28115/615+Oakridge+Farm+ Hwy, +Mooresville, +NC+28115/@35.5911 5%k 23 okgEl Iredell County Property Data Parcel Number: 4667196472.000 Inquiry Date: 10/24/2019 Disclaimer: While every effort is made to keep information provided over the internet accurate and up-to-date, the County does not certify the authenticity or accuracy of such information. No warranties, express or implied, are provided for the records and/or mapping data herein, or for their use or interpretation by the User. Property Map Owner/Property Info Tax Account Number: 80055934 Old Parcel Number: 0301Moo000A029 Owner Name: GIAMBRA JOHN M Mailing Address: 108 WASHAM RD MOORESVILLE NC 28117 Property Location: OAKRIDGE FARM HW Lot Number: Null Legal Description: LOWERY NC150 Municipal Information Township Code: 03 City Code: 03 Neighborhood Code: 03059 Value Information - Current Year Property Record Card (PRC) Building Value: 0 Other Building Features: 0 Land Value: 191470 Tax Assessed Value: 191470 Deferred: 0 Land Information - Reoister of Deeds Online Search Date Recorded Document Type Deed Book Deed Page Plat Book & Page Land Area Land Type Zoning Page 25 of 59 20180809 WD 2571 677 Null 5.802 AC GI Tax Infonmation Exemption Tax Code 1 Tax Code 2 Tax Code 3 Tax Code 4 Tax Code 5 Null C ADVLTAX CI03ADVLTAX Null SC03ADVLTAX Null Current Zoning Contact Info. Iredell County 704.878.3118 Harmony 704.878.3118 Love Valley 704.878.3118 City of Statesville 704.878.3575 Town of Troutman 704.528.7600 Town of Mooresville 704.662.7040 Village of Davidson 704.892.7591 Page 26 of 59 Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: August 6, 2019 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: John Giambra, 108 Washam Road, Mooresville, N.C. 2811, C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Asheville Field Office, Charlotte Satellite Offic( D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: NC County/parish/borough: Iredell City: Mooresville Center coordinates of site (lat/long in degree decimal format): Lat.:35.60326 Long.:-80.81098 Universal Transverse Mercator: Name of nearest waterbody: Back Creek E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑ Office (Desk) Determination. Date: ■❑ Field Determination. Date(s): June 7, 2018 TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION. Site number Latitude (decimal degrees) Longitude (decimal degrees) Estimated amount of aquatic resource in review area (acreage and linear feet, if applicable) Type of aquatic resource (i.e., wetland vs. non -wetland waters) Geographic authority to which the aquatic resource "may be" subject (i.e., Section 404 or Section 10/404) CH 100 35.60285 -80.81052 457 liner feet non -wetland waters 404 CH 200 35.60361 -80.81054 67 linear feet non -wetland waters 404 WL l000 35.60266 -80.81044 0.019 acre Wetland 404 WL1100 35.60329 -80.81043 0.001 Wetland 404 WL 120o 35.60395 -80.81088 0.001 Wetland 404 Page 27 of 59 1) The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an approved JD (AJD) for that review area based on an informed decision after having discussed the various types of JDs and their characteristics and circumstances when they may be appropriate. 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 AJD for the activity, the permit applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit authorization based on a PJD, which does not make an official determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an AJD could possibly result in less compensatory mitigation being required or different special conditions; (3) 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) 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) undertaking any activity in reliance upon the subject permit authorization without requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (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 PJD constitutes agreement that all aquatic resources in the review area affected in any way by that activity will be treated as jurisdictional, and waives 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 AJD or a PJD, the JD will be processed as soon as practicable. Further, an AJD, 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. If, during an administrative appeal, it becomes appropriate to make an official determination whether geographic jurisdiction exists over aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic resources in the review area, the Corps will provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that there "may be"waters of the U.S. and/or that there "may be" navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the review area that could be affected by the proposed activity, based on the following information: Page 28 of 59 SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items should be included in subject file. Appropriately reference sources below where indicated for all checked items: ■❑ Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Map:Topo, USGS Topo, LiDAR, WSS, NWI, NHD, HUC 12, HUC 8, Aerial, parcel maps Data sheets prepared/submitted by or on behalf of the PJD requestor. ❑ Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. Rationale: Wetland, upland and DWR stream ID ❑ Data sheets prepared by the Corps: ❑E Corps navigable waters' study: U.S. Geological Survey Hydrologic Atlas: GIS datasets ❑ USGS NHD data. ❑ USGS 8 and 12 digit HUC maps. ■❑ U.S. Geological Survey map(s). Cite scale & quad name: a GIS Datasets Natural Resources Conservation Service Soil Survey. Citation: GIS datasets ■❑ National wetlands inventory map(s). Cite name: GIS datasets ❑ State/local wetland inventory map(s): ■❑ FEMA/FIRM maps: GIS datasets ❑ 100-year Floodplain Elevation is: .(National Geodetic Vertical Datum of 1929) ■❑ Photographs: ❑■ Aerial (Name & Date): Aerial 2010 and 2017 from Google Earth or ❑■ Other (Name & Date): site photos June 2018 ❑ Previous determination(s). File no. and date of response letter: ❑ Other information (please specify): 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 staff member completing PJD Signature and date of person requesting PJD (REQUIRED, unless obtaining the signature is impracticable)' Districts may establish timeframes for requestor to return signed PJD forms. If the requestor does not respond within the established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action. Page 29 of 59 Legend O Review Area O Iredell Co. Parcels o Streets Delineation 0 Intermittent Channel Wetland :INMENTAL Paae 1 of 4 Aquatic Resource Sketch Map Ln Project Name: Highway 150 By -Pass V, 0 1 WON r"dr 4_1 Location: Approx. 605 Oakridge Farm Highway, Mooresville, NC 28115 For: ]GM Construction Inc Coordinates: 35.60326,-80.81098 ' Sketch Map provided for illustrative purposes and preliminary planning only. Not intended to be relied upon for exact location, dimension, or orientation. All findings and assessments are subject to verification from the Army Corps of Engineers, NC Division of Water Resources, and/or other appropriate local authorities. Do not reproduce map set except in its entirety. ti Date: June 27, 2018 0 50 100 150 200 Ft Page 30 of 59 wig M-O>.r 141 n; -As 7.111 fir+. a.. r ra g , i r • � yy • i ,n 21 � � � y"'��, yb � �ls 1 •,��� 1 •-' }q*'�� a L�q Y''&�a �. ``��',��`4ti ��.��.���' '�1'� k of 44. �.. ,ice` ,.•r ,�1's �. �t- g� � y� t.� yd ; r e�`a '4, '# °fey e ti . �y ` ,y � •, - A i,.' 3 Y t sM„ It Legend 14 pp Review Area r y �„ ,vim ., Iredell Co. Parcels Streetsi to Ar Delineation Intermittent Channel Wetland k ._> �. •� r' r'Wj fW A Potential Non Wetland CH 100, -457 LF Legend O Review Area O Iredell Co. Parcels o Streets Delineation 0 Intermittent Channel = Wetland •� /fir.:: ' Av' I Ln__%tAJl6QA Aquatic Resource Sketch Map Potential Wetland WL 1000, -0.019 Ac Project Name: Highway 150 By -Pass Location: Approx. 605 Oakridge Farm Highway, Mooresville, NC 28115 For: JGM Construction Inc Potential Wetland WL 1100, -0.001 Ac 1"-25' 0 10 20 30 40 Ft Paae 3 of 4 Detail 1 1 Coordinates: 35.60326,-80.81098 Date: June 27, 2018 Page 32 of 59 Aquatic Resource Sketch Map Legend O Review Area O Iredell Co. Parcels o Streets Delineation O Intermittent Channel liiMl Wetland l Potential Non Wetland CH 2O0, -67 LF Potential Non Wetland CH 100 cont, -457 LF Project Name: Highway 150 By -Pass Location: Approx. 605 Oakridge Farm Highway, Mooresville, NC 28115 For: JGM Construction Inc Potential Wetland WL 1200, -0.001 Ac 11 - 25' 0 10 20 30 40 Ft' Paae 4 of 4 Detail 2 Coordinates: 35.60326,-80.81098 Date: June 27, 2018 Page 33 of 59 2 FT Topo Map Legend M Project Boundary Delineation Intermittent Perennial Wetland 2 Ft Contours Project Boundary o Streets FA% }i `1 pan � Project Name: Highway 150 By -Pass Location: Approximately 605 Oakridge Farm Hwy, Mooresville, NC 28115 For: JMG Construction Inc Attn: Mr. John Giambra 0 100 200 300 ft Coordinates: 35.60326,-80.81098 Date: June 27, 2018 Page 34 of 59 USGS Topo Close s -Ra d i + "T6t�e '� f - ♦ 4 r r• .r �3, �-- Legend Q Project Boundary% USGS Topo , r" 9 4L6�z i _Z.V �� _% &- Project Name: Hwy 150 By - Pass Location: 615 Oak Ridge Farm Hwy. Moorseville, NC 28115 For: JMG Construction Inc. Attn: Mr. John Giambra Coordinates: 35.6026,-80.8102 Date: June 15, 2018 0 500 1000 1500 FT Page 35 USGS Topo FarWhip 15 ms rp • `�. _ r - %J d,�" �-�•= �� �---- l:� �..:.' `��^� , 1 � ` ,� --� _ :� � _ � ��• zit, ��. ,, . `\.� ��l .�� �\ I �ii�-�1- `� f �.1- � •J � / � � % i ( 1 ,� \ 1 (1, �-i�RJ. �l � � ��� l . \ 1 di L` 11 • � di _ J AV I -_ 1 1 .m'\ ;-_'� _ �-/'.. �l -` / �i.k � /�' _/�� ,l! �� cam... �/ ���-' ,.sue r� ���` �..� \.ti` ••'• .,� I � ♦. � /� f! .�'"+�\� �� � �� k5<i `%�--cam = -•3j�, � f /p7i 11 ( 7 , Y o` r .� '--�g'�����'`✓ �� �rr <.:� :i �� i aC '.. �� � l i �. � � ��1�!�'�'fSf-. �% - ��-�o�J � jl \'� y;��``�f ._ �}` f. 1 `+,! /— �� � aP- ri �' \ �. / //J� i",/ ) t�/ �l"_f y w ✓ -y 1. �v !C'. v, �:.. \. Plant til# ,t .�j��� I � � Su J ' (I � � I y / � / \�� � �. �1.�� �� 'A_• � \Q`��_ • J l% . / � :,-- _ -•-1--- � i _�'' -"-� t \ I ,(/' �_ -`� *-^" � ,er. �,cs+} t �. .' `r_� i \ Ste- Legend D _ �' - n �4 i ' I •� � �1` ( c'-�ti'� � of = � � .+i� _ n'' ,� '` 'boo � 2 = ,•' • Project Boundary .1�'��\ _ ti „. 0 0.25 0.5 0.75 Miles USGS Topo - _- _ -. � r _ $�• , .>� . -� r-; ♦A Project Name: Hwy 150 By - Pass Location: 615 Oak Ridge Farm Hwy. Moorseville, NC 28115 For: JMG Construction Inc. Attn: Mr. John Giambra Coordinates: 35.6026,-80.8102 1 Date: June 15, 2018 Page 36 of x n Legend 0 Project Boundary NWI Freshwater Forested/Shrub Wetland Freshwater Pond 0 Lake \ 1_ IRONMENTAL QE 0 NWI Map M Project Name: Hwy 150 By - Pass Location: 615 Oak Ridge Farm Hwy. Moorseville, NC 28115 For: JMG Construction Inc. Attn: Mr. John Giambra Coordinates: 35,6026,-80.8102 ',� A 0 0.25 0.5 0.75 Miles Date: June 15, 2018 Page 37 516960 516990 r S• p may not valid at this scale. I I I 516960 516990 517020 517050 Map Scale: 1:1,480 iF printed on A landscape (11" x 8.5') sheet. Meters N 0 120 20 40 so n � � ,m � t 517060 517110 517140 517170 517200 Project Name: Highway 150 By -Pass 1)�S Location: Approximately 605 Oakridge Farm Hwy, Mooresville, NC 28115 ONMENTAL For: JMG Construction Inc Attn: Mr. John Giambra kA L 517230 5172M USDA Natural Resources 2" Conservation Service Coordinates: 35.60326,-80.81098 Date: June 27, 2018 MAP LEGEND Area of Interest (AOI) 0 Area of Interest (AOI) Soils Soil Map Unit Polygons Soil Map Unit Lines ® Soil Map Unit Points Special Point Features Blowout Borrow Pit Clay Spot 0 Closed Depression Gravel Pit o-0 Gravelly Spot Landfill ` Lava Flow Marsh or swamp a Mine or Quarry Miscellaneous Water Perennial Water Rock Outcrop .# Saline Spot Sandy Spot Severely Eroded Spot Sinkhole Slide or Slip Sodic Spot MAP INFORMATION Spoil Area The soil surveys that comprise your AOI were mapped at 1:12,000. Stony Spot Very Stony Spot Warning: Soil Map may not be valid at this scale. * Wet Spot Enlargement of maps beyond the scale of mapping can cause misunderstanding of the detail of mapping and accuracy of soil Other line placement. The maps do not show the small areas of contrasting soils that could have been shown at a more detailed Special Line Features scale. Water Features Streams and Canals Please rely on the bar scale on each map sheet for map measurements. Transportation Rails Source of Map: Natural Resources Conservation Service tH F Web Soil Survey LIRL: Interstate Highways Coordinate System: Web Mercator (EPSG:3857) US Routes Maps from the Web Soil Survey are based on the Web Mercator projection, which preserves direction and shape but distorts Major Roads distance and area. A projection that preserves area, such as the Local Roads Albers equal-area conic projection, should be used if more accurate calculations of distance or area are required. Background - Aerial Photography This product is generated from the USDA-NRCS certified data as of the version date(s) listed below. Soil Survey Area: Iredell County, North Carolina Survey Area Data: Version 22, Sep 26, 2017 Soil map units are labeled (as space allows) for map scales 1:50,000 or larger. Date(s) aerial images were photographed: Jul 18, 2011—Oct 25, 2017 The orthophoto or other base map on which the soil lines were compiled and digitized probably differs from the background imagery displayed on these maps. As a result, some minor shifting of map unit boundaries may be evident. Project Name: Highway 150 By -Pass ILocation: Approximately 605 Oakridge Farm Hwy, Mooresville, NC 28115 IFor: JMG Construction Inc Attn: Mr. John Giambra USDA Natural Resources 2111111111111 Conservation Service Coordinates: 35.60326,-80.81098 Date: June 27, 2018 Soil Map—Iredell County, North Carolina Map Unit Legend Project Boundary Map Unit Symbol I Map Unit Name I Acres in AOI I Percent of AOI CeC2 Cecil sandy clay loam, 6 to 10 2.5 46.3 % percent slopes, moderately eroded PcE2 Pacolet sandy clay loam, 15 to 2.0 37.1 % 25 percent slopes, moderately eroded UmF Udorthents-Urban land 0.8 14.8% complex, 0 to 45 percent slopes Ur Urban land 0.1 1.8% Totals for Area of Interest 5.4 100.0 Project Name: Highway 150 By -Pass ILocation: Approximately 605 Oakridge Farm Hwy, Mooresville, NC 28115 IFor: JMG Construction Inc Attn: Mr. John Giambra USDA Natural Resources 2" Conservation Service Coordinates: 35.60326,-80.81098 Date: June 27, 2018 T �oresville. NC. 28115, USA X Q Show search re*s fo.r NC-15.. '-.* r - -ii 'a w'mnao 01 Surface Water Classifications: �� g+ .400 Stream lnc ex: 12-108-21-140.5) Stream Nerne: Back Creek Descrlpvory From sou roe to a po mt 0.2 x�t tir rnil a idownstrearn of gsak CrO Rowsn County SR 1737 Classf:cavon: WS-II;HDW f i C1ate of Ga as.: August 2 1992 Rorer Bann- Yadkin Pee -Dee What eoes the More nfa Class. mean' ifarl@Y�= 3� � Zoom to ••• Yer. rlC.or Ave cascaacc Ru Brookwood 5t Lai r �a w'i +Sr Wx U1 l5� ` k rs B t : ` urke Cis el�i County, State of North Car* of ina DOT, 1=s6, HERE, G$rmi Project Name: Highway 150 By -Pass Location: Approximately 605 Oakridge Farm Hwy, Mooresville, NC 28115 IRONMENTAL For: JMG Construction Inc Attn: Mr. John Giambra Coordinates: 35.60326,-80.81098 Date: June 27, 2018 i i . N ` �, � � � L,rprll� i r� t, _ tidy '�•. s� �,,' +i �I a j(x ] fti r r Qg Q _ 1 '� Troutman Lake Norman North Legend Q Project Boundary 0 USGS Quadrangles USGS Quad Map Shepherds 0 Mooresville Project Name: Hwy 150 By - Pass I S Location: 615 Oak Ridge Farm Hwy. Moorseville, NC 28115 ,41 A OINMENTAL For: JMG Construction Inc. Attn: Mr. John Giambra Coordinates: 35.6026,-80.8102 Cleveland 0 1 2 3 Miles Date: June 15, 2018 Page 43 of159 Stumpy Creek -Lake Norman Little Creek -Lake Norman Legend 0 Project Boundary HUC 12 IRONMENTAL Reeds Creek -Lake Norman HUC 12 Map Withrow Creek a Headwaters Rocky River Project Name: Hwy 150 By - Pass Location: 615 Oak Ridge Farm Hwy. Moorseville, NC 28115 For: JMG Construction Inc. Attn: Mr. John Giambra Coordinates: 35.6026,-80.8102 Sills Creek -Back Creek Upper Coddle Creek 0 1 2 3 Miles Date: June 15, 2018 Page 44 Upper Catawba03050101 Legend Project Boundary HUC 8 .ii► .iu FV- 6 HUC 8 Map q► Project Name: Hwy 150 By - Pass Location: 615 Oak Ridge Farm Hwy. Moorseville, NC 28115 For: JMG Construction Inc. Attn: Mr. John Giambra Coordinates: 35.6026,-80.8102 South Yadkin03040102 Rocky03040105 0 1 2 3 Miles Date: June 15, 2018 Page 45 of159 NC DWO Stream Identification Form Version 4.11 Date: 06/27/2018 Project/Site:IHwy 15o By -Pass D Form #I Ch ioo Latitude: 35•6026 Evaluator: J Sinclair A Baggarley county: Iredell Longitude:-80.8102 Total Points: Stream Determination (circle one) Other Mooresville Stream is at least intermittent �5 Ephemeral Inteoffittent Perennial e.g. Quad Name: if 19 or perennial if 2! 30* A. Geomorphology Subtotal = 16 Absent Weak Moderate Strong 1a. Continuity of channel bed and bank 0 1 2 3 2. Sinuosity of channel along thalweg 0 1 2 3 3. In -channel structure: ex. riffle -pool, step -pool, ripple -pool sequence 0 1 2 3 4. Particle size of stream substrate 0 1 2 3 5. Active/relict floodplain 0 1 2 3 6. Depositional bars or benches 0 1 2 3 7. Recent alluvial deposits 0 1 2 3 8. Headcuts 0 1 2 3 9. Grade control 0 0.5 1 1.5 10. Natural valley 0 0.5 1 1.5 11. Second or greater order channel No = 0 Yes = 3 `artificial ditches are not rated; see discussions in manual R Hvrirnlnnv (Suhtntal = a 1 12. Presence of Baseflow 0 1 2 3 13. Iron oxidizing bacteria 0 1 2 3 14. Leaf litter 1.5 1 0.5 0 15. Sediment on plants or debris 0 0.5 1 1.5 16. Organic debris lines or piles 0 1 0.5 1 1.5 17. Soil -based evidence of high water table? No = 0 Yes = 3 r'. Rinlnnv (Gi ihtntnl = r, 18. Fibrous roots in streambed 3 2 1 0 19. Rooted upland plants in streambed 3 2 1 0 20. Macrobenthos (note diversity and abundance) 0 1 2 3 21. Aquatic Mollusks 0 1 2 3 22. Fish 0 0.5 1 1.5 23. Crayfish 0 0.5 1 1.5 24. Amphibians 0 0.5 1 1.5 25. Algae 0 0.5 1 1.5 26. Wetland plants in streambed FACW = 0.75; OBL = 1.5 Other = 0 *perennial streams may also be identified using other methods. See p. 35 of manual. Notes: Sketch: 2 2 1 2 0 0.5 0.5 0 2 2 0 0 0 0.5 0.5 0 0 Page 46 of 59 NC DWO Stream Identification Form Version 4.11 Date: 06/27/2018 a y Hwy �5o By -Pass Project/Site: HForm -P ss Latitude: 35.6026 Evaluator: J Sinclair A Baggarley county: Iredell Longitude:-80.8102 Total Points: Stream Determination (circle one) Other Mooresville Stream is at least intermittent 20 Ephemeral InteVittent Perennial e.g. Quad Name: if;?: 19 or perennial if z 30' A. Geomorphology Subtotal = 13 Absent Weak Moderate Strong 1a. Continuity of channel bed and bank 0 1 2 3 2. Sinuosity of channel along thalweg 0 1 2 3 3. In -channel structure: ex. riffle -pool, step -pool, ripple -pool sequence 0 1 2 3 4. Particle size of stream substrate 0 1 2 3 5. Active/relict floodplain 0 1 2 3 6. Depositional bars or benches 0 1 2 3 7. Recent alluvial deposits 0 1 2 3 8. Headcuts 0 1 2 3 9. Grade control 0 0.5 1 1.5 10. Natural valley 0 0.5 1 1.5 11. Second or greater order channel No = 0 Yes = 3 artificial ditches are not rated; see discussions in manual R Hvrirnlnnv (Suhtntni = :Z 1 12. Presence of Baseflow 0 1 2 3 13. Iron oxidizing bacteria 0 1 2 3 14. Leaf litter 1.5 1 0.5 0 15. Sediment on plants or debris 0 0.5 1 1.5 16. Organic debris lines or piles 0 0.5 1 1.5 17. Soil -based evidence of high water table? No = 0 Yes = 3 r Rinlnnv (Ruhtntal = a 18. Fibrous roots in streambed 3 2 1 0 19. Rooted upland plants in streambed 3 2 1 0 20. Macrobenthos (note diversity and abundance) 0 1 2 3 21. Aquatic Mollusks 0 1 2 3 22. Fish 0 0.5 1 1.5 23. Crayfish 0 0.5 1 1.5 24. Amphibians 0 0.5 1 1.5 25. Algae 0 0.5 1 1.5 26. Wetland plants in streambed FACW = 0.75; OBL = 1.5 Other = 0 `perennial streams may also be identified using other methods. See p. 35 of manual. Notes: Sketch: 1 1 1 2 1 3 1 1 0 1 1 0 0.5 0.5 0 2 2 0 0 0 0 0 0 0 Page 47 of 59 NC SAM FIELD ASSESSMENT RESULTS Accompanies user manual version c.-i USACE AID #: NCDWR #: INSTRUCTIONS: Attach a sketch of the assessment area and photographs. Attach a copy of the USGS 7.5-minute topographic quadrangle, and circle the location of the stream reach under evaluation. If multiple stream reaches will be evaluated on the same property, identify and number all reaches on the attached map, and include a separate form for each reach. See the NC SAM User Manual for detailed descriptions and explanations of requested information. Record in the "Notes/Sketch" section if supplementary measurements were performed. See the NC SAM User Manual for examples of additional measurements that may be relevant. NOTE EVIDENCE OF STRESSORS AFFECTING THE ASSESSMENT AREA (do not need to be within the assessment area). PROJECT/SITE INFORMATION: 1. Project name (if any): Highway 150 By -Pass 2. Date of evaluation: August 12, 2019 3. Applicant/owner name: JGM Construction Inc 4. Assessor name/organization: Atlas Environmental 5. County: Iredell 6. Nearest named water body 7. River basin: Yadkin-PeeDee on USGS 7.5-minute quad: Back Creek 8. Site coordinates (decimal degrees, at lower end of assessment reach): 35.6026,-80.8102 STREAM INFORMATION: (depth and width can be approximations) 9. Site number (show on attached map): CH 100 10. Length of assessment reach evaluated (feet): Approx. 292 LF 11. Channel depth from bed (in riffle, if present) to top of bank (feet): 0.3 ❑Unable to assess channel depth. 12. Channel width at top of bank (feet): 2.5 13. Is assessment reach a swamp steam? ❑Yes El No 14. Feature type: ❑Perennial flow ®Intermittent flow ❑Tidal Marsh Stream STREAM CATEGORY INFORMATION: 15. NC SAM Zone: ❑ Mountains (M) ® Piedmont (P) ❑ Inner Coastal Plain (1) ❑ Outer Coastal Plain (0) 16. Estimated geomorphic ❑A� ®B valley shape (skip for Tidal Marsh Stream): (more sinuous stream, flatter valley slope) (less sinuous stream, steeper valley slope) 17. Watershed size: (skip ®Size 1 (< 0.1 mi2) [-]Size 2 (0.1 to < 0.5 mil) ❑Size 3 (0.5 to < 5 mil) ❑Size 4 (z 5 mi2) for Tidal Marsh Stream) ADDITIONAL INFORMATION: 18. Were regulatory considerations evaluated? ®Yes ❑No If Yes, check all that apply to the assessment area. El Section 10 water ❑Classified Trout Waters ®Water Supply Watershed (❑l ®11 ❑III ❑IV ❑V) ❑Essential Fish Habitat ❑Primary Nursery Area ❑ High Quality Waters/Outstanding Resource Waters El Publicly owned property ❑NCDWR Riparian buffer rule in effect ❑Nutrient Sensitive Waters ❑Anadromous fish ❑303(d) List ❑CAMA Area of Environmental Concern (AEC) El Documented presence of a federal and/or state listed protected species within the assessment area. List species: ❑Designated Critical Habitat (list species) 19. Are additional stream information/supplementary measurements included in "Notes/Sketch" section or attached? ❑Yes ❑No 1. Channel Water- assessment reach metric (skip for Size 1 streams and Tidal Marsh Streams) ®A Water throughout assessment reach. ❑B No flow, water in pools only. ❑C No water in assessment reach. 2. Evidence of Flow Restriction - assessment reach metric ❑A At least 10% of assessment reach in -stream habitat or riffle -pool sequence is severely affected by a flow restriction or fill to the point of obstructing flow or a channel choked with aquatic macrophytes or ponded water or impoundment on flood or ebb within the assessment reach (examples: undersized or perched culverts, causeways that constrict the channel, tidal gates, debris jams, beaver dams). ®B Not 3. Feature Pattern - assessment reach metric ®A A majority of the assessment reach has altered pattern (examples: straightening, modification above or below culvert). ❑B Not 4. Feature Longitudinal Profile - assessment reach metric ®A Majority of assessment reach has a substantially altered stream profile (examples: channel down -cutting, existing damming, over widening, active aggradation, dredging, and excavation where appropriate channel profile has not reformed from any of these disturbances). ❑B Not 5. Signs of Active Instability - assessment reach metric Consider only current instability, not past events from which the stream has currently recovered. Examples of instability include active bank failure, active channel down -cutting (head -cut), active widening, and artificial hardening (such as concrete, gabion, rip -rap). ❑A < 10% of channel unstable ®B 10 to 25% of channel unstable ❑C > 25% of channel unstable Page 48 of 59 6. Streamside Area Interaction — streamside area metric Consider for the Left Bank (LB) and the Right Bank (RB). LB RB ❑A ❑A Little or no evidence of conditions that adversely affect reference interaction ®B ®B Moderate evidence of conditions (examples: berms, levees, down -cutting, aggradation, dredging) that adversely affect reference interaction (examples: limited streamside area access, disruption of flood flows through streamside area, leaky or intermittent bulkheads, causeways with floodplain constriction, minor ditching [including mosquito ditching]) ❑C ❑C Extensive evidence of conditions that adversely affect reference interaction (little to no floodplain/intertidal zone access [examples: causeways with floodplain and channel constriction, bulkheads, retaining walls, fill, stream incision, disruption of flood flows through streamside area] or too much floodplain/intertidal zone access [examples: impoundments, intensive mosquito ditching]) or floodplain/intertidal zone unnaturally absent or assessment reach is a man-made feature on an interstream divide 7. Water Quality Stressors — assessment reach/intertidal zone metric Check all that apply. ❑A Discolored water in stream or intertidal zone (milky white, blue, unnatural water discoloration, oil sheen, stream foam) ❑B Excessive sedimentation (burying of stream features or intertidal zone) ❑C Noticeable evidence of pollutant discharges entering the assessment reach and causing a water quality problem ❑D Odor (not including natural sulfide odors) ❑E Current published or collected data indicating degraded water quality in the assessment reach. Cite source in "Notes/Sketch" section. ❑F Livestock with access to stream or intertidal zone ❑G Excessive algae in stream or intertidal zone ❑H Degraded marsh vegetation in the intertidal zone (removal, burning, regular mowing, destruction, etc) ®I Other: (explain in "Notes/Sketch" section) ❑J Little to no stressors 8. Recent Weather — watershed metric (skip for Tidal Marsh Streams) For Size 1 or 2 streams, D1 drought or higher is considered a drought; for Size 3 or 4 streams, D2 drought or higher is considered a drought. ®A Drought conditions and no rainfall or rainfall not exceeding 1 inch within the last 48 hours ❑B Drought conditions and rainfall exceeding 1 inch within the last 48 hours ❑C No drought conditions 9. Large or Dangerous Stream — assessment reach metric ❑Yes ®No Is stream is too large or dangerous to assess? If Yes, skip to Metric 13 (Streamside Area Ground Surface Condition). 10. Natural In -stream Habitat Types — assessment reach metric 10a. []Yes ❑No Degraded in -stream habitat over majority of the assessment reach (examples of stressors include excessive sedimentation, mining, excavation, in -stream hardening [for example, rip -rap], recent dredging, and snagging) (evaluate for Size 4 Coastal Plain streams only, then skip to Metric 12) 10b. Check all that occur (occurs if > 5% coverage of assessment reach) (skip for Size 4 Coastal Plain streams) ❑A Multiple aquatic macrophytes and aquatic mosses to ❑F 5% oysters or other natural hard bottoms (include liverworts, lichens, and algal mats) F W ❑G Submerged aquatic vegetation ®B Multiple sticks and/or leaf packs and/or emergent ❑H Low -tide refugia (pools) vegetation r ❑I Sand bottom ❑C Multiple snags and logs (including lap trees) t L ❑J 5% vertical bank along the marsh ❑D 5% undercut banks and/or root mats and/or roots 02 ❑K Little or no habitat in banks extend to the normal wetted perimeter ®E Little or no habitat *****************************"***REMAINING QUESTIONS ARE NOT APPLICABLE FOR TIDAL MARSH STREAMS****"****************"`*"** 11. Bedform and Substrate —assessment reach metric (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams) 11 a. ❑Yes ®No Is assessment reach in a natural sand -bed stream? (skip for Coastal Plain streams) 11 b. Bedform evaluated. Check the appropriate box(es). ❑A Riffle -run section (evaluate 11c) ❑B Pool -glide section (evaluate 11d) ®C Natural bedform absent (skip to Metric 12, Aquatic Life) 11 c. In riffle sections, check all that.occur below the normal wetted perimeter of the assessment reach — whether or not submerged. Check at least one box in each row (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams). Not Present (NP) = absent, Rare (R) = present but < 10%, Common (C) _ > 10-40%, Abundant (A) _ > 40-70%, Predominant (P) _ > 70%. Cumulative percentages should not exceed 100% for each assessment reach. NP R C A P ❑ ❑ ❑ ❑ ❑ Bedrock/saprolite ❑ ❑ ❑ ❑ ❑ Boulder (256 — 4096 mm) ❑ ❑ ❑ ❑ ❑ Cobble (64 — 256 mm) ❑ ❑ ❑ ❑ ❑ Gravel (2 — 64 mm) ❑ ❑ ❑ ❑ ❑ Sand (.062 — 2 mm) ❑ ❑ ❑ ❑ ❑ Silt/clay (< 0.062 mm) ❑ ❑ ❑ ❑ ❑ Detritus ❑ ❑ ❑ ❑ ❑ Artificial (rip -rap, concrete, etc.) 11d. ❑Yes []No Are pools filled with sediment? (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams) Page 49 of 59 12. Aquatic Life — assessment reach metric (skip for Tidal Marsh Streams) 12a. ®Yes ❑No Was an in -stream aquatic life assessment performed as described in the User Manual? If No, select one of the following reasons and skip to Metric 13. []No Water ❑Other: 12b. ®Yes ❑No Are aquatic organisms present in the assessment reach (look in riffles, pools, then snags)? If Yes, check all that apply. If No, skip to Metric 13. 1 >1 Numbers over columns refer to "individuals" for Size 1 and 2 streams and "taxa" for Size 3 and 4 streams. ❑ ®Adult frogs ® ❑Aquatic reptiles ❑ []Aquatic macrophytes and aquatic mosses (include liverworts, lichens, and algal mats) ❑ ❑Beetles ❑ ❑Caddisfly larvae (T) ❑ ❑Asian clam (Corbicula) ❑ ❑Crustacean (isopod/amphipod/crayfish/shrimp) ❑ ❑Damselfly and dragonfly larvae ❑ ❑Dipterans ❑ ❑Mayfly larvae (E) ❑ ❑Megaloptera (alderfly, fishfly, dobsonfly larvae) ❑ ❑Midges/mosquito larvae ❑ ❑Mosquito fish (Gambusia) or mud minnows (Umbra pygmaea) ❑ ❑Mussels/Clams (not Corbicula) ❑ ❑Other fish ❑ ®Salamanders/tadpoles ❑ ❑Snails ❑ ❑Stonefly larvae (P) ❑ ❑Tipulid larvae ❑ ❑Worms/leeches 13. Streamside Area Ground Surface Condition — streamside area metric (skip for Tidal Marsh Streams and B valley types) Consider for the Left Bank (LB) and the Right Bank (RB). Consider storage capacity with regard to both overbank flow and upland runoff. LB RB ❑A ❑A Little or no alteration to water storage capacity over a majority of the streamside area ®B ®B Moderate alteration to water storage capacity over a majority of the streamside area ❑C ❑C Severe alteration to water storage capacity over a majority of the streamside area (examples: ditches, fill, soil compaction, livestock disturbance, buildings, man-made levees, drainage pipes) 14. Streamside Area Water Storage — streamside area metric (skip for Size 1 streams, Tidal Marsh Streams, and B valley types) Consider for the Left Bank (LB) and the Right Bank (RB) of the streamside area. LB RB ❑A ❑A Majority of streamside area with depressions able to pond water z 6 inches deep ❑B ❑B Majority of streamside area with depressions able to pond water 3 to 6 inches deep ❑C ❑C Majority of streamside area with depressions able to pond water < 3 inches deep 15. Wetland Presence — streamside area metric (skip for Tidal Marsh Streams) Consider for the Left Bank (LB) and the Right Bank (RB). Do not consider wetlands outside of the streamside area or within the normal wetted perimeter of assessment reach. LB RB ❑Y ❑Y Are wetlands present in the streamside area? ON ON 16. Baseflow Contributors — assessment reach metric (skip for Size 4 streams and Tidal Marsh Streams) Check all contributors within the assessment reach or within view of and draining to the assessment reach. ®A Streams and/or springs Qurisdictional discharges) ❑B Ponds (include wet detention basins; do not include sediment basins or dry detention basins) ❑C Obstruction passing flow during low -flow periods within the assessment area (beaver dam, leaky dam, bottom -release dam, weir) ®D Evidence of bank seepage or sweating (iron in water indicates seepage) ®E Stream bed or bank soil reduced (dig through deposited sediment if present) ❑F None of the above 17. Baseflow Detractors — assessment area metric (skip for Tidal Marsh Streams) Check all that apply. ❑A Evidence of substantial water withdrawals from the assessment reach (includes areas excavated for pump installation) ❑B Obstruction not passing flow during low -flow periods affecting the assessment reach (ex: watertight dam, sediment deposit) ®C Urban stream (Z 24% impervious surface for watershed) ®D Evidence that the streamside area has been modified resulting in accelerated drainage into the assessment reach ❑E Assessment reach relocated to valley edge ❑F None of the above 18. Shading — assessment reach metric (skip for Tidal Marsh Streams) Consider aspect. Consider "leaf -on" condition. ❑A Stream shading is appropriate for stream category (may include gaps associated with natural processes) ®B Degraded (example: scattered trees) ❑C Stream shading is gone or largely absent Page 50 of 59 19. Buffer Width — streamside area metric (skip for Tidal Marsh Streams) Consider "vegetated buffer" and "wooded buffer" separately for left bank (LB) and right bank (RB) starting at the top of bank out to the first break. Vegetated Wooded LB RB LB RB ❑A ❑A ❑A ❑A >_ 100 feet wide or extends to the edge of the watershed ❑B ❑B ❑B ❑B From 50 to < 100 feet wide ❑C ®C ❑C ❑C From 30 to < 50 feet wide ®D ❑D ®D ❑D From 10 to < 30 feet wide ❑E ❑E ❑E ®E < 10 feet wide or no trees 20. Buffer Structure — streamside area metric (skip for Tidal Marsh Streams) Consider for left bank (LB) and right bank (RB) for Metric 19 ("Vegetated" Buffer Width). LB RB ❑A ❑A Mature forest ®B ®B Non -mature woody vegetation or modified vegetation structure ❑C ❑C Herbaceous vegetation with or without a strip of trees < 10 feet wide ❑D ❑D Maintained shrubs ❑E ❑E Little or no vegetation 21. Buffer Stressors — streamside area metric (skip for Tidal Marsh Streams) Check all appropriate boxes for left bank (LB) and right bank (RB). Indicate if listed stressor abuts stream (Abuts), does not abut but is within 30 feet of stream (< 30 feet), or is between 30 to 50 feet of stream (30-50 feet). If none of the following stressors occurs on either bank, check here and skip to Metric 22: Abuts < 30 feet 30-50 feet LB RB LB RB LB RB ❑A ❑A ❑A ❑A ❑A ❑A Row crops ❑B ❑B ❑B ❑B ❑B ❑B Maintained turf ❑C ❑C ❑C ❑C ❑C ❑C Pasture (no livestock)/commercial horticulture ❑D ❑D ❑D ❑D ❑D ❑D Pasture (active livestock use) 22. Stem Density — streamside area metric (skip for Tidal Marsh Streams) Consider for left bank (LB) and right bank (RB) for Metric 19 ("Wooded" Buffer Width). LB RB ❑A ®A Medium to high stem density ®B ❑B Low stem density ❑C ❑C No wooded riparian buffer or predominantly herbaceous species or bare ground 23. Continuity of Vegetated Buffer — streamside area metric (skip for Tidal Marsh Streams) Consider whether vegetated buffer is continuous along stream (parallel). Breaks are areas lacking vegetation > 10 feet wide. LB RB ❑A ®A The total length of buffer breaks is < 25 percent. ®B ❑B The total length of buffer breaks is between 25 and 50 percent. ❑C ❑C The total length of buffer breaks is > 50 percent. 24. Vegetative Composition — streamside area metric (skip for Tidal Marsh Streams) Evaluate the dominant vegetation within 100 feet of each bank or to the edge of the watershed (whichever comes first) as it contributes to assessment reach habitat. LB RB ❑A ❑A Vegetation is close to undisturbed in species present and their proportions. Lower strata composed of native species, with non-native invasive species absent or sparse. ❑B ®B Vegetation indicates disturbance in terms of species diversity or proportions, but is still largely composed of native species. This may include communities of weedy native species that develop after clear -cutting or clearing or communities with non-native invasive species present, but not dominant, over a large portion of the expected strata or communities missing understory but retaining canopy trees. ®C ❑C Vegetation is severely disturbed in terms of species diversity or proportions. Mature canopy is absent or communities with non-native invasive species dominant over a large portion of expected strata or communities composed of planted stands of non -characteristic species or communities inappropriately composed of a single species or no vegetation. 25. Conductivity — assessment reach metric (skip for all Coastal Plain streams) 25a. []Yes ®No Was conductivity measurement recorded? If No, select one of the following reasons. ❑No Water ❑Other: 25b. Check the box corresponding to the conductivity measurement (units of microsiemens per centimeter). ❑A < 46 ❑B 46 to < 67 ❑C 67 to < 79 ❑D 79 to < 230 ❑E >_ 230 Notes/Sketch: Page 51 of 59 Draft NC SAM Stream Rating Sheet Accompanies User Manual Version 2.1 Stream Site Name Highway 150 By -Pass Date of Assessment August 12, 2019 Stream Category Pbl Assessor Name/Organization Atlas Environmental Notes of Field Assessment Form (Y/N) NO Presence of regulatory considerations (Y/N) YES Additional stream information/supplementary measurements included (Y/N) NC SAM feature type (perennial, intermittent, Tidal Marsh Stream) Intermittent USACE/ NCDWR Function Class Rating Summary All Streams Intermittent (1) Hydrology LOW LOW (2) Baseflow MEDIUM MEDIUM (2) Flood Flow LOW LOW (3) Streamside Area Attenuation LOW LOW (4) Floodplain Access MEDIUM MEDIUM (4) Wooded Riparian Buffer LOW LOW (4) Microtopography NA NA (3) Stream Stability LOW LOW (4) Channel Stability MEDIUM MEDIUM (4) Sediment Transport LOW LOW (4) Stream Geomorphology LOW LOW (2) Stream/Intertidal Zone Interaction NA NA (2) Longitudinal Tidal Flow NA NA (2) Tidal Marsh Stream Stability NA NA (3) Tidal Marsh Channel Stability NA NA (3) Tidal Marsh Stream Geomorphology NA NA (1) Water Quality MEDIUM MEDIUM (2) Baseflow MEDIUM MEDIUM (2) Streamside Area Vegetation MEDIUM MEDIUM (3) Upland Pollutant Filtration MEDIUM MEDIUM (3) Thermoregulation MEDIUM MEDIUM (2) Indicators of Stressors NO NO (2) Aquatic Life Tolerance MEDIUM NA (2) Intertidal Zone Filtration NA NA (1) Habitat LOW LOW (2) In -stream Habitat LOW LOW (3) Baseflow MEDIUM MEDIUM (3) Substrate LOW LOW (3) Stream Stability MEDIUM MEDIUM (3) In -stream Habitat LOW LOW (2) Stream -side Habitat LOW LOW (3) Stream -side Habitat LOW LOW (3) Thermoregulation MEDIUM MEDIUM (2) Tidal Marsh In -stream Habitat NA NA (3) Flow Restriction NA NA (3) Tidal Marsh Stream Stability NA NA (4) Tidal Marsh Channel Stability NA NA (4) Tidal Marsh Stream Geomorphology NA NA (3) Tidal Marsh In -stream Habitat NA NA (2) Intertidal Zone NA NA Overall LOW LOW Page 52 of 59 ROY COOPER Governor MICHAEL S. REGAN Secretary TIM BAUMGARTNER Director John Giambra Oakridge Motorsports 108 Washam Road Mooresville, NC 28117 NORTH CAROLINA Environmental Quality October 24, 2019 Expiration of Acceptance: 4/24/2020 Project: Oakridge Motorsports County: Iredell The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to accept payment for compensatory mitigation for impacts associated with the above referenced project as indicated in the table below. Please note that this decision does not assure that participation in the DMS in - lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will be approved. You must also comply with all other state, federal or local government permits, regulations or authorizations associated with the proposed activity including G.S. § 143-214.11. This acceptance is valid for six months from the date of this letter and is not transferable. If we have not received a copy of the issued 404 Permit/401 Certification within this time frame, this acceptance will expire. It is the applicant's responsibility to send copies of the permits to DMS. Once DMS receives a copy of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the in -lieu fee to be paid by an applicant is calculated based upon the Fee Schedule and policies listed on the DMS website. Based on the information supplied by you in your request to use the DMS, the impacts for which you are requesting compensatory mitigation credit are summarized in the following table. The amount of mitigation required and assigned to DMS for this impact is determined by permitting agencies and may exceed the impact amounts shown below. River Basin Impact Location impact Type I Impact Quantity jls-digit Hue! Yadkin 03040102 Warm Stream 292 Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The mitigation will be performed in accordance with the In -Lieu Fee Program instrument dated July 28, 2010. Thank you for your interest in the DMS in -lieu fee mitigation program. If you have any questions or need additional information, please contact Kelly Williams at (919) 707-8915. cc: Jennifer Robertson, agent Sincerely, - J mes. B Stanfill A�set Management Supervisor DWQ1i:;1A:> ,� YIM1uAY • Frw+V M/+111 Q�1lly� North Carolina Department ofEnAronmental Quality I Division ofMitigadonServices 217 W. Jones Street 11652 Mail Service Center I Rakigti North Caroline 27699-1652 919.707.8976 Page 53 of 59 r ,lk �r� �+' " �. i 16 AK e. ;- fE tj s err �., -• ,� ' I At a . • " ° 'fir ; �'�. ,�. �T f � sot AA'-�- • .. rx —� ya o`*�_- Jennifer Robertson From: Janiczak, Catherine M CIV USARMY CESAW (US) <Catherine.M.Janiczak@usace.army.mil> Sent: Tuesday, August 20, 2019 10:48 AM To: Jennifer Robertson Subject: RE: Hwy 150 - John Giambra Jennifer, Scott said the proposal below is acceptable so you can move forward with it. Let me know if you have any other questions. Thanks. Catherine M. Janiczak Regulatory Specialist U.S. Army Corps of Engineers Charlotte Regulatory Satellite Office Phone: 704-510-1438 -----Original Message ----- From: Jennifer Robertson[mailto:jrobertson@atlasenvi.com] Sent: Tuesday, August 20, 2019 7:29 AM To: Janiczak, Catherine M CIV USARMY CESAW (US) <Catherine.M.Janiczak@usace.army.mil> Subject: [Non-DoD Source] RE: Hwy 150 - John Giambra Okay, thanks! Thank you, Jennifer L Robertson, President ATLAS Environmental, Inc. 338 S. Sharon Amity Road, #411 Charlotte, NC 28211 (704) 512-1206 office (828) 712-9205 mobile Blockedwww.atlasenvi.com Offices in Asheville and Charlotte -----Original Message ----- From: Janiczak, Catherine M CIV USARMY CESAW (US) <Catherine.M.Janiczak@usace.army.mil> Sent: Tuesday, August 20, 2019 7:05 AM To: Jennifer Robertson <jrobertson@atlasenvi.com> Subject: RE: Hwy 150 - John Giambra I haven't heard back from him. I forwarded your message again. I'll let you know his response. Thanks. Catherine M. Janiczak Regulatory Specialist U.S. Army Corps of Engineers Charlotte Regulatory Satellite Office Phone: 704-510-1438 -----Original Message----- Page57 of 59 From: Jennifer Robertson [mailto:jrobertson@atiasenvi.com] Sent: Tuesday, August 20, 2019 7:00 AM To: Janiczak, Catherine M CIV USARMY CESAW (US) <Catherine.M.Janiczak@usace.army.mil> Subject: [Non-DoD Source] FW: Hwy 150 - John Giambra Cathy, Have you heard back from Scott about my request below? Thank you, Jennifer L Robertson, President ATLAS Environmental, Inc. 338 S. Sharon Amity Road, #411 Charlotte, NC 28211 (704) 512-1206 <tel:%28704%29%20512-1206> office (828) 712-9205 <tel:%28704%29%20512-1206> mobile Blockedwww.atlasenvi.com <Blockedhttp://www.atiasenvi.com/> Offices in Asheville and Charlotte From: Jennifer Robertson Sent: Wednesday, August 14, 2019 2:03 PM To: 'Janiczak, Catherine M CIV USARMY CESAW (US) (Catherine.M.Janiczak@usace.army.mil)' <Catherine.M.Janiczak@usace.army. mil> Subject: Hwy 150 - John Giambra Cathy, Following up on our phone conversation earlier today below is a summary of the Hwy 150 project that will need to be an after the fact permit application. I met with John and his engineer on site a couple weeks ago. We had completed a delineation on this site a while back so I had a delineation map. I have attached the site plan which shows the delineation and labels the impacts that need to be permitted. 292' of intermittent stream has been impacted by installation of a culvert, additional stream has been impacted by the rip rap energy dissipator that Iredell County required, John has agreed to remove the rip rap along the stream within the rip rap apron to restore this reach, in summary 292' of intermittent stream will need to be permitted I have attached the SAM form for the stream, the stream rates as low quality I want to propose 0.5:1 mitigation for the 292' of stream impacts including 0.25:1 through payment to DMS and 0.25:1 through storm water treatment on site that is above and beyond what is required. The storm water pond would be designed to treat a 25 year storm as opposed to a 10 year storm. The applicant would also treat storm water above his project. A dry pond is required but the engineer would design for a wet pond and we would plant a littoral shelf (constructed wetland). The DMS fee as proposed in the above scenario will be $38,372.45. John has told me that he will need to get a loan to pay for the permitting and mitigation. I am not sure that he has the financial capability to pay any more in mitigation fees. The mitigation scenario above would mitigate through DMS as well as improve the stream immediately downstream of the project. This site was a mess with a lot of construction material (concrete and boulders). The low quality stream flows through a power line right-of-way below the impacts. Let me know if you and Scott are willing to accept the proposed mitigation plan so we can get the ATF application submitted soon. Thank you, Jennifer L Robertson, President ATLAS Environmental, Inc. 338 S. Sharon Amity Road, #411 Charlotte, NC 28211 (704) 512-1206 <tel:%28704%29%20512-1206> office (828) 712-9205 <tel:%28704%29%20512-1206> mobile Blockedwww.atlasenvi.com <Blockedhttp://www.atlasenvi.com/> Offices in Asheville and Charlotte Page 58 of 59