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20051957 Ver 3_Application_20160527
CAROLINA WETLAND SERVICES Carolina Wetland Services, Inc. 550 East Westinghouse Boulevard Charlotte, NC 28273 704-527-1177 - Phone 704-527-1133 - Fax TO: Ms. Karen Higgins NCDWR - NC DWR, 401 & Buffer Permitting Unit 512 N. Salisbury St 9th Floor, Archdale Building Raleigh NC 27604 Date: 5/25/2016 CWS Project #: 2016-3885 LETTER OF TRANSMITTAL WE ARE SENDING YOU: ®Attached ❑Under separate cover via the following items: N Prints ❑ Plans ❑ JD Package ❑ Specifications ❑ Copy of letter ❑ Change order ❑ Wetland Survey N Other IF ENCLOSURES ARE NOT AS NOTED, KINDLY NOTIFY US AT ONCE NO. DATE COPIES DESCRIPTION 1 5/25/2016 5 Application for WQC 3890 1 2 1 5/252016 1 1 1 Application Fee ($570) 1 THESE ARE TRANSMITTED as checked below: NFor approval❑Approved as submitted ❑Resubmit copies for approval NFor your use ❑Approved as noted ❑Submit copies for distribution ❑As requested ❑Returned for corrections ❑Return corrected prints ❑For review and comment [-]For your verification and signature REMARKS: Karen, Please find attached four copies of the Pre -Construction Notification and application for WQC 3890 for the Westinghouse Materials project. A check for the application fee of $570 is also attached Copy to: File Thank you, Gregg Antemann, PWS Principal Scientist NORTH CAROLINA • SOUTH CAROLINA Mitigation Services ENVIRONMENTAL QUALITY April 14, 2016 Michael Bishop Westinghouse Material Company 1625 E. Westinghouse Blvd. Charlotte, NC 28273 Project: Westinghouse Materials PAT MCCRORY eau, aa, DONALD R. VAN DER VAART Scc, erarn Expiration of Acceptance: October 14, 2016 County: Mecklenburg 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/LAMA permit 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 at http,//portal.ncdenr.org/web/eep. Based on the information supplied by you in your request to use the DMS, the impacts that may require compensatory mitigation 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 CU Location Stream (feet) Wetlands (acres) Buffer I Buffer II Basin (8 -digit HUC) (Sq Ft) (Sq. Ft.) Cold Cool I Warm Ri ad n I Non-Ri avian Coastal Marsh Catawba 03050103` 0 0 299 0 0 0 0 0 Impact "The Catawba 03 Expanded Service Area will be utilized for this impact Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The mitigation will be performed in accordance with the In -Lieu Fee Program instrument dated July 28, 2010 and 15A NCAC 0213.0295 as applicable. Thank you for your interest in the DMS in -lieu fee mitigation program. If you have any questions or need additional information, please contact Kelly Williams at (919) 707-8915. Sincerely, Ja e . B Stanfill Asse Management Supervisor cc: ,David Shaeffer, USACE- Asheville Gregg Antemann, agent State of North Carolina I Etrvtmnrrtental Quality I Mit ptLon Services 1652 Mail Service Center 1 217 W Jones Street, Suite 3000 1 Raleigh, NC 27609-1652 919 707 8976 T a� 1� Preliminary ORM Data Entry Fields for New Actions SAW — 201 - BEGIN DATE [Received Date]: pAl D Prepare file folder F� Assign Action ID Number in ORM 1. Project Name [PCN Form A2a]: Westinghouse Materials 2. Work Type: Private Fv—(] Institutional El Government F] Commercial 3. Project Description / Purpose [PCN Form 63d and 63e]: The purpose of this project is to reconfigure the site in order to accommodate the growth of the bussines. 4. Property Owner / Applicant [PCN Form A3 or A4]: Westinghouse Materials; POC: Mr. Michael Bishop 5. Agent / Consultant [PCN Form A5 — or ORM Consultant ID Number]: CWS; POC: Mr. Gregg Antemann, PWS 6. Related Action ID Number(s) [PCN Form 135b]: SAW -2016-00933 7. Project Location - Coordinates, Street Address, and/or Location Description [PCN Form 131b]: 1625 East Westinghouse Boulevard in Charlotte, North Carolina r s' ���,� 8. Project Location -Tax Parcel ID [PCN Form Bia]: 20522103 9. Project Location —County [PCN Form A2b]: Mecklenburg 10. Project Location — Nearest Municipality or Town [PCN Form A2c]: Charlotte 11. Project Information — Nearest Waterbody [PCN Form 132a]: Kings Branch 12. Watershed / 8 -Digit Hydrologic Unit Code [PCN Form 132c]: Santee (HUC 03050103) Authorization: Section 10 ❑ Section 404 F71 Section 10 & 404 1-1 Regulatory Action Type: Standard Permit ✓ Nationwide Permit # 39 Regional General Permit # ❑✓ Jurisdictional Determination Request Pre -Application Request Unauthorized Activity Compliance No Permit Required Revised 20150602 CAROLINA WETLAND SERVICES, INC. 550 E. Westinghouse Blvd. Charlotte, NC 28273 704-527-1177 (office) 704-527-1133 (fax) May 23, 2016 Mr. David Shaeffer U.S. Army Corps of Engineers 151 Patton Avenue, Room 208 Asheville, NC 28801 Ms. Karen Higgins NCDEQ, 401 & Buffer Permitting Unit 512 N. Salisbury Street, 9th Floor Raleigh, NC 27604 Subject: Pre -Construction Notification Pursuant to Nationwide Permit No. 39 and Water Quality Certification No. 3890 Westinghouse Materials Site (SAW -2016-00933) Charlotte, North Carolina CWS Project No. 2016-3885 Dear Mr. Shaeffer and Ms. Higgins: The Westinghouse Materials Site is approximately 38 acres in extent and is located at 1625 East Westinghouse Boulevard in Charlotte, North Carolina (Figure 1, attached). The purpose of this project is to reconfigure the site in order increase the storage capacity, facilitate landscape material organization, and for the trucks to safely maneuver and access the site for the drop-off and sale of materials. This will cause unavoidable impacts to jurisdictional waters of the U.S. Westinghouse Materials has contracted Carolina Wetland Services, Inc. (CWS) to provide Section 404/401 permitting services for this project. An executed Agent Authorization Form is attached. Applicant Name: Westinghouse Materials Company, LLC; POC: Mr. Michael Bishop Mailing Address: 1625 E. Westinghouse Blvd., Charlotte, NC 28273 Phone Number of Owner/Applicant: 704-363 9029 Street Address of Project: 1625 East Westinghouse Boulevard in Charlotte, North Carolina Waterway: Kings Branch Basin: Santee (HUC' 03050103) City: Charlotte, NC County: Mecklenburg Tax Parcel No.: 20522103 Decimal Degree Coordinate Location of Project Site: 35.1158560,-80.890292' USGS Quadrangle Name: Fort Mill, SC -NC, dated 1988 Project History On November 20, 2006, Carolina Wetland Services received a General Permit Verification (Nationwide Permit No. 39) from the United States Army Corps of Engineers (USACE), [SAW -2006-41409-361, attached]) to impact less than 150 linear feet of an intermittent unnamed tributary to Kings Branch in association with the widening of an existing crossing within an industrial development. Prior to that, 149 "HUC" is the Hydrologic Unit Code US Geological Survey, 1974 Hydrologic Unit Map, State of North Carolina NORTH CAROLINA . SOUTH CAROLINA WWW.CWS-INC.NET Westinghouse Materials Site May 23, 2016 Pre -Construction Notification to Nationwide Permit No. 39 and WOC 3890 CWS Project No. 2016-3885 linear feet impact to intermittent stream was authorized under Action ID. 200531707 on June 5, 2005 and mitigation was not required at that time. All previously impacted streams were classified as intermittent. Due to the unforeseen growth of the Westinghouse Materials Company, CWS was contracted to re -delineate the Westinghouse Materials Site and to provide additional 404/401 permitting services in February of 2016 in order to reconfigure the site. The stream reach proposed to be impacted is the downstream portion of the previously impacted stream. Current Site Conditions The site consists of a landscaping supply yard and marginal wooded areas (Figure 2, attached). Typical on- site vegetation includes loblolly pine (Pinus taeda), sweetgum (Liquidambar styraciva), red maple (Acer rubrum), white oak (Quercus alba), red oak (Quercus rubra), pignut hickory (Caryaglabra), eastern red cedar (Juniperus virginiana), Japanese honeysuckle (Lonicera japonica), and poison ivy (Toxicodendron radicans). According to the Soil Survey of Mecklenburg Countyz (Figures 3 and 4, attached), on-site soils consist of Cecil sandy clay loam, 2 to 8 percent slopes, eroded (CeB2), Cecil sandy clay loam, 8 to 15 percent slopes, eroded (CeD2), Monacan Loam (MO), Pacolet sandy loam, 15 to 25 percent slopes (PaE), and Wilkes loam, 8 to 15 percent slopes (WkD). Of the on-site soils, only Monacan loam (MO) is listed on the North Carolina Hydric Soils List for Mecklenburg County3 and on the National Hydric Soils List' as having hydric inclusions (Hydric Criteria 2B3). Jurisdictional Delineation On February 10, 2016, CWS's Aliisa Harjuniemi, Wetland Professional in Training (WPIT) and Michelle LaForge, Staff Scientist I, delineated jurisdictional waters of the U.S. within the project area (Figure 5, attached). On February 15, 2016, Gregg Antemann, Professional Wetland Scientist (PWS) and Kelly Thames, PWS also visited the site to confirm the classifications. Jurisdictional areas were delineated (flagged in the field), classified, and surveyed with a sub -foot Trimble Geo7X GPS unit using the United States Army Corps of Engineers (USACE) Routine On -Site Determination Method. This method is defined in the 1987 Corps of Engineers Wetlands Delineation Manuals, the 2007 USACE Jurisdictional Determination Form Instructional GuidebooV, with further technical guidance from the 2012 Eastern Mountains & Piedmont Regional Supplement .7 Jurisdictional stream channels were classified according to North Carolina Division of Water Resources (NCDEQ) guidance. These classifications include sampling with a D -shaped dip net, photograph documentation, and defining approximate breakpoints (location at which a channel changes classification) within each on-site stream channel. Results The results of the on-site field investigation conducted by CWS indicate that there are four jurisdictional stream channels (Streams A -D) located within the project area (Figure 5, attached). On -Site 'United States Department of Agriculture, 2014 Soil Survey of Mecklenburg County, North Carolina ' United States Department of Agriculture — Natural Resources Conservation Service, 1999 North Carolina Hydric Soils List, USDA-NRCS North Carolina State Office, Raleigh United States Department of Agriculture — Natural Resources Conservation Service, 2012 2012 National Hydric Sods List by State 5 Environmental Laboratory 1987 "Corps of Engineers Wetlands Delineation Manual", Technical Report Y-87-1, US Army Engineer Waterways Experiment Station, Vicksburg, Mississippi e USACE Jurisdictional Determination Form Instructional Guidebook 2007 USACE Regulatory National Standard Operating Procedures for conducting an approved Jurisdictional determination (JD) and documenting practices to support an approved 1D USACE Headquarters, Washington, DC 'US Army Corps of Engineers, April 2012 Regional Supplement to the Corps of Engineers Wetland Delineation Manual Eastern Mountains and Piedmont Region US Army Engineer Research and Development Center, Vicksburg, Mississippi 2 of 9 Westinghouse Materials Site May 23, 2016 Pre -Construction Notification to Nationwide Permit No. 39 and WOC 3890 CWS Proiect No. 2016-3885 jurisdictional waters include and drain to Kings Branch. Kings Branch is part of the Santee River Basin (HUC 03050103) and is classified as "Class C Waters" by the NCDEQ. According to the NCDEQ, Class C Waters are defined as: "Waters protected for uses such as secondary recreation, fishing, wildlife, fish consumption, aquatic life including propagation, survival and maintenance of biological integrity, and agriculture." 8 On -Site jurisdictional waters of the U.S. total approximately 0.70 acre, including 3,262 linear feet of jurisdictional stream channel. On -Site jurisdictional waters of the U.S. are summarized in Table 1. On May 12, 2016 Mr. Gregg Antemann, Ms. Kelly Thames, and Ms. Aliisa Haj uniemi of CWS met on-site with Mr. David Shaeffer and Jason Randolph of the U.S. Army Corps of Engineers (USACE). During this site visit, the extent of jurisdictional waters of the U.S. were verified as depicted on Figure 5 (attached). Table 1. Summary of on-site jurisdictional waters of the U.S. 8 NCDEQ "Surface Water Classifications " http //portal ncdenr org/web/wq/ps/csu/classifications 'Classifications of streams include Traditionally Navigable Waters (TNWs), Relatively Permanent Waters (RPWs), and Non -Relatively Permanent Waters (Non-RPWs) Subcategories of RPWs include perennial streams that typically have year-round flow, and seasonal streams that have continuous flow at least seasonally Two classifications of jurisdictional wetlands are used to describe proximity and connection to TNWs These classifications include either adjacent or directly abutting Adjacent wetlands are defined as wetlands within floodplams or inclose proximity to a TNW but without a direct visible connection Abutting wetlands have a direct surface water connection traceable to a TNW 3 of 9 Jurisdiction NCDEQ Jurisdictional Stream Stream Linear Acreage USACE/EPA Stream Rapanos Intermittent/ Classification Classification Feet (ac) Classification Perennial (SCP) Score (1� Stream A Perennial RPW Perennial SCP1 36.5 724 1 0.09 Stream B Perennial RPW Perennial SCP2 31.5 392 0.04 Perennial RPW Perennial SCP3 30.5 1,064 0.08 Stream C Seasonal RPW Intermittent SCP5 24.5 30 0.01 Stream D (Kings Branch perennial RPW Perennial SCP4 38 952 0.20 Stream Total: 3,262 0.42 Jurisdiction Jurisdictional Wetland USACE/EPA Rapanos Data Point (DP) Acreage (ac) Classification Stream A Directly abutting RPW DP1 0.27 Stream B Directly abutting RPW DPI 0.01 Wetland Total: 0.28 ac. Total: 0.70 8 NCDEQ "Surface Water Classifications " http //portal ncdenr org/web/wq/ps/csu/classifications 'Classifications of streams include Traditionally Navigable Waters (TNWs), Relatively Permanent Waters (RPWs), and Non -Relatively Permanent Waters (Non-RPWs) Subcategories of RPWs include perennial streams that typically have year-round flow, and seasonal streams that have continuous flow at least seasonally Two classifications of jurisdictional wetlands are used to describe proximity and connection to TNWs These classifications include either adjacent or directly abutting Adjacent wetlands are defined as wetlands within floodplams or inclose proximity to a TNW but without a direct visible connection Abutting wetlands have a direct surface water connection traceable to a TNW 3 of 9 Westinghouse Materials Site May 23, 2016 Pre -Construction Notification to Nationwide Permit No. 39 and WOC 3890 CWS Project No. 2016-3885 Agency Correspondence Cultural Resources A letter was forwarded to the State Historic Preservation Office (SHPO) on April 6, 2016 to determine the presence of any areas of architectural, historic, or archaeological significance that would be affected by the project. In a response letter dated April 26, 2016, the SHPO states that they are "aware of no historic resources which would be affected by the project'. The SHPO response letter is attached. CWS also consulted the SHPO online GIS service10 database and found no sites of architectural, historical, or archaeological significance within the project limits. Protected Species CWS performed a data review using North Carolina Natural Heritage Program (NCNHP) Data Explorer" on April 1, 2016 to determine the presence of any federally -listed, candidate endangered, threatened species or critical habitat located within the project area. Based on this review, there are no records of federally -protected species within the project limits. A copy of the data review report is attached. However, as Mecklenburg County falls within the Northern long-eared bat (Myotis septentrionalis) habitat range consultation is required with United States Fish and Wildlife Service (USFWS) per the Final 4(d) Rule12, which became effective on February 16, 2016, and recent guidance from the USACE. The Northern long-eared bat (NLEB) is one of the species of bats most impacted by the white -nose syndrome disease. Habitat for the NLEB includes forested areas of any age, rocky areas with boulders, and culverts greater than four feet wide. Due to recent population declines of almost 89% caused by white -nose syndrome and continued spread of the disease, the NLEB now receives protection as a Threatened species under the Endangered Species Act. A Threatened species is defined as a taxon likely to become endangered within the foreseeable future throughout all or a significant portion of its range13 The U.S. Fish and Wildlife Service (USFWS) is requesting the documentation of the amount of wooded acres cleared in connection with any construction project that takes place within any county shown on the January 29, 2016 White -Nose Syndrome Buffer Zone Map (attached). A letter was forwarded to the USFWS on April 13, 2016 to determine if the project will adversely affect the NLEB. There are no known mature roosting trees or hibernacula recorded in Mecklenburg County per USFWS published GIS data 14. Therefore, this project may affect, but is not likely to adversely affect the NLEB. The USFWS response letter dated April 22, 2016 (attached) concurs with this determination. Purpose and Need for the Project Westinghouse Materials Company, LLC works as a landscape and hardscape materials dealer. The purpose of this project is to reconfigure the site in order to increase the storage capacity, facilitate the organization of products, and for the trucks to safely maneuver and access the site for the drop-off, pick up, and sale of materials. Figures 6 and 7a (attached) illustrate the current site conditions. Westinghouse Materials Company, LLC moved to this location in the fall of 2011. At that time, they built an approximately 7,500 square foot office building / warehouse with 27 parking spaces and no "North Carolina State Historic Preservation Office, http //gis ncdcr gov/hpoweb/ Accessed April 6, 2016 " North Carolina Natural Heritage Data Explorer, https //ncnhde natureserve org/ Accessed April 1, 2016 "The U S Fish and Wildlife Service (USFWS) 2016 Key to the NLEB 4 (d) Rule for Non -Federal Activities http //www fws gov/midwest/endangered/mammals/nleb/pdf/KeyFinal4dNLEB 12Jan2016 pdf 13 The U S Fish and Wildlife Service (USFWS) 1973 Endangered Species Act http //www fws gov/endangeredAaws-policies/ The U S Fish and Wildlife Service (USFWS) 2016 Northern Long -Eared Bat http //www fins gov/asheville/htmis/project_review/NLEB_m_WNC html 4 of 9 Westinghouse Materials Site May 23, 2016 Pre -Construction Notification to Nationwide Permit No. 39 and WOC 3890 CWS Project No. 2016-3885 truck and trailer parking. This parking space capacity has remained the same since. From 2011 to 2015, Westinghouse Materials Company sales volume has increased by over 35%. This is attributed to equal growth in both the contractor and retail market — with both types of customers requiring very different needs. The company anticipates similar future growth as well. Currently, the site is very oddly shaped (Figure 6, attached). This odd shape limits the ability to organize and store the various products Westinghouse Materials Company offers (palletized hardscapes, stone, etc.). As Westinghouse Materials products are heavy, bulky products, they require heavy machinery to move and load. Due to the odd shape of the site, it is difficult to efficiently use the space with the necessary heavy machinery as well as provide adequate maneuverability for customers as well. Therefore, this facility requires a reconfiguration of their space to better access the different parts of the area, increase the storage capacity for the growing business, and to consolidate materials (Figure 7b, attached). In order to reconfigure the site, unavoidable impacts to jurisdictional waters of the U.S. are necessary. The project proposes to pipe a portion of a seasonal and perennial stream located in the eastern portion of the project area. (Figures 7b and 8, attached). This allows potentially available space to be combined with currently available space (Figure 8, attached) to consolidate palletized materials, provide additional space for bulk storage in order to provide the necessary parking. Approximately 131,503 square feet of space is needed, given a 35% growth projection rate. Reconfiguring the site to combine currently available and potentially available square footage (Figure 8, attached) will allow the company to organize and consolidate materials, while providing the necessary parking. Table 2 (below) shows the current square footage currently in use and the space needed with the projected 35% growth. Table 2. Required square footage assuming 35% growth. Current Areas Category Map Area (Figure 6) Current Space in use (sq.ft) Future Space Need (sq.ft) Tractor Trailer Parking n/a 0 39,898 Truck with Trailer Parking n/a 0 Single Vehicle Parking A 15,046 Pallet Storage B 103,169 139,278 Soil Mixing C 221,295 254,489 Bulk D 56,934 113,868 Total:1 396,444 sq.ft 527,947 sq.ft Square Footage Needed (Future — Current Space)l 131,503 sq.ft Potentially Available Area to Utilize Potentially Available E I n/a 103,290 Total Potentially Available Area 103,209 sq.ft The square footage required for pallet storage would be met if the current pallet storage areas were consolidated and moved to the eastern portion of the site (Figures 6 and 7b, attached). After some pallet storage is moved to the eastern portion of the site, 39,898 square feet would be available to 5 of 9 Westinghouse Materials Site May 23, 2016 Pre -Construction Notification to Nationwide Permit No. 39 and WOC 3890 CWS Project No. 2016-3885 expand into parking space that would cover the 35% growth, plus provide parking specifically for large trucks and trailers, dump trucks, and 18 wheelers. Additionally, the 131,503 square feet of needed space is almost met by utilizing the potentially available area (103,290 square feet) along with maximizing that area for a total of 129,527 additional square feet (Figure 7b, attached). There are no practicable on site alternatives for the 131,503 square feet of required additional space and moving the facility to another location would be cost prohibitive. Table 3 (below) summarizes the proposed square footage for this project. The proposed total square footage of 479,673 square feet still does not meet the overall total square footage needed of 527,947 square feet. Table 3. Summary of proposed square footage for site reconfiguration. Propos d Areas Category Map Area (Figure 7b) Proposed Space Reconfiguration (sq. ft.) Tractor Trailer Parkin A 39,898 Truck with Trailer Parking Single Vehicle Parkin Pallet Storage B 50,478 Soil Mixing C 221,295 Bulk D 38,475 New Usable Area E 129,527 Total: 479,673 s .ft Many of the Westinghouse Materials Company's customers pick up materials in very large dump, flatbed or tractor trailer trucks. As the yard is currently laid out, it is very difficult (and becoming increasingly more difficult) to safely maneuver these trucks in and around the stockpiled materials safely. Moreover, customers enter the site, drive around to the scales for an "empty weigh," drive off the scales to their material of choice, load up, drive back to the scales for a "weight weigh," then drive off the scales, park, and enter the facility to pay. This process requires a lot of space around the scale and office area for multiple sizes of vehicles, with and without trailers. The scale and office area currently offers only 27 designated spaces — all for normal size vehicles (Figure 6, attached). Moving the palletized storage to the eastern portion of the site would allow for larger truck spaces long enough for trailers as well (Figure 7b, attached). This safer and necessary parking design would only be possible if the pallets are moved to a new storage area. This would also eliminate the need for large loading machinery to enter this space, which is currently a safety hazard. The site redesign would permit Westinghouse Materials to have increased storage capabilities which ultimately will allow them to better service customers in a more safe and efficient manner (Figure 7b, attached). As the yard is currently laid out, trucks frequently need to back up in order to navigate tighter spaces which is a safety concern for the drivers, Westinghouse Materials employees and the general public, as well as a huge potential liability for the company. Avoidance and Minimization Proper sediment and erosion control measures will be used to minimize disturbances to downstream waters. Construction activities and impacts to on-site jurisdictional waters of the U.S. will comply with all conditions of Nationwide Permit 39 and Water Quality Certification No. 3890. All work will be constructed in the dry. Impacts have been limited to less than 300 linear feet of jurisdictional stream channel. 6of9 Westinghouse Materials Site May 23, 2016 Pre -Construction Notification to Nationwide Permit No. 39 and WOC 3890 CWS Project No. 2016-3885 The proposed piped conveyance is necessary in order reconfigure the site to move the palletized storage to the eastern portion of the site. Stream C divides the majority of the site in half, limiting the options for trucks to access the eastern portion of the site to organize and store the materials within the site. In an attempt to minimize impacts to jurisdictional waters while still meeting the goals of the project, a "No Build" alternative was considered. However, the odd shape limits the ability to organize and store the various products and the current pallet storage is overflowing. This results in trucks frequently needing to back up in order to navigate tighter spaces, creating a safety concern for the drivers. With the "No Build" alternative, the only option to provide the space needed to avoid the safety concerns would be to move the facility to another location. This however would be cost prohibitive. Therefore, the "No Build" Alternative was eliminated from further consideration. Alternative Design 1 considered impacts of 766 linear feet of stream impact and 0.28 acre of wetland impact (Figure 9, attached). This option would connect the eastern and western portions of the property optimizing the space available. However, this option would have required an Individual Permit. To minimize impacts to the greatest extent practicable and to submit as a Nationwide Permit, this alternative design was eliminated from further consideration. The project has been thoughtfully designed to avoid impacts wherever possible. The currently proposed site plan (Figure 8) was developed as a result of this alternatives analysis and avoidance and minimization process. We believe that the current site plan is the best possible plan that meets the project goals while avoiding impacts to jurisdictional waters of the U.S. to the greatest extent practicable. Proposed Impacts to Jurisdictional Waters Under Nationwide Permit (NWP) No. 39, unavoidable permanent impacts to jurisdictional waters associated with this project are limited to a total of approximately 299 linear feet (lf) of jurisdictional stream channel (Stream Q. The 299 linear feet of impact consists of 30 linear feet impact to an intermittent channel and 269 linear feet impact to perennial channel. Impacts to Stream C are the result of the extension of an existing pipe. Figure 6 (attached) depicts the proposed plan overview and Figure 8 depicts the proposed pipe extension. The proposed impacts are summarized in Table 4 (below). Table 4. Proposed impacts to 'urisdictional waters of the U.S. Jurisdictional Temporary Impacts Impacts Feature Impact Type or (linear (acre) Permanent feet) Perennial Stream C pipe Permanent 269 0.03 Seasonal pipe Permanent 30 0.00 Stream C Total Permanent Stream Impacts 299 If 0.03 acre The project proposes to extend an existing 48 -inch pipe located beneath the access road in the southeastern portion of the site. The pipe extension will be completed with a 209 -linear foot, 48 -inch reinforced concrete pipe (RCP). The pipe extension is necessary in order to reconfigure the facility layout for trucks to safely maneuver and access the site for the drop-off and sale of materials while maintaining the hydraulic connection of Stream C. The proposed impacts will result in 30 linear feet 7of9 Westinghouse Materials Site May 23, 2016 Pre -Construction Notification to Nationwide Permit No. 39 and WOC 3890 CWS Project No. 2016-3885 of permanent impact to Seasonal Stream A and 269 linear feet of permanent impact to Perennial Stream C (Figure 8, attached). On behalf of Westinghouse Materials Company, LLC, CWS is submitting a Pre -Construction Notification Application with attachments in accordance with Nationwide Permit General Condition No. 31, and pursuant to Nationwide Permit No. 39 and Water Quality Certification No. 3890. Compensatory Mitigation As permanent stream impacts total to greater than 150 linear feet, compensatory mitigation is required. Proposed impacts requiring mitigation total 30 linear feet of intermittent channel and 269 linear feet of perennial channel. Westinghouse Materials Company, LLC proposes to mitigate for the permanent stream impacts through the purchase of stream mitigation credits from the NC Division of Mitigation Services (DMS). The credit acceptance letter is attached. CWS would like to propose mitigation ratios for the proposed impacts based on an assessment methodology that helps to justify ratios based on a score. Utilizing the North Carolina Stream Assessment Methodology (NC SAM), the proposed impacts were assessed to be part of two distinctly different reaches (Figure 10, attached). Extending the piped conveyance will result in 30 linear feet of permanent impact to Seasonal RPW C and 269 linear feet of permanent impacts to Perennial RPW C. The upper 30 linear feet of Seasonal RPW C consisted of rip rap, excessive sedimentation, and a buffer becoming encroached with invasive species. This section of Stream C was determined to be separate reach per NC SAM (NC SAM 1 and Figure 10, attached). This reach scored LOW (NC SAM 1, attached). The next 269 linear feet of Perennial RPW C consisted of relatively stable bed and banks; however. The streamside area water storage capacity and streamside area ground surface conditions are modified and altered. This section of Stream C was determined to be a separate reach per NC SAM (NC SAM 2 and Figure 10, attached). This reach scored MEDIUM (NV SAM 2, attached). Based on the NC Stream Assessment, CWS proposed a 0.5:1 ratio for the Reach 1 — 30 linear feet of Seasonal RPW C. Additionally, CWS proposes a 1:1 ratio for the NC SAM Reach 2 — 269 linear feet of Perennial RPW C. These ratios were derived from combining the NC SAM scores with the flow regime classification of Stream C, utilizing the NCDEQ Stream Classification Forms. CWS believes that a 0.5:1 ratio for 30 linear feet and a 1:1 ratio for 269 linear feet of Stream C is adequate compensation for the proposed impacts, 8 of 9 Westinghouse Materials Site May 23, 2016 Pre -Construction Notification to Nationwide Permit No. 39 and WOC 3890 CWS Proiect N2.2016-3885 Please do not hesitate to contact me at 704-408-1683, or through email at gregg@cws-inc.net should you have any questions or comments regarding this request. Sincerely, ZT-a- (!�!- A;X�_ Gregg Antemann, PWS Professional Wetland Scientist fa� IA"a& Kelly Thames, PWS Project Scientist Attachments: Figure 1. USGS Site Location Map Figure 2. Aerial Imagery Map Figure 3. Current USDA-NRCS Mecklenburg County Soil Survey Figure 4. Historic USDA-NRCS Mecklenburg County Soil Survey Figure 5. Jurisdictional Boundaries Map Figure 6. Current Site Conditions — Available Area Figure 7a. Current Site Conditions — Aerial Imagery Figure 7b. Proposed Layout Figure 8. Proposed Impacts — Pipe Extension Figure 9. Alternative Design 1 — Individual Permit Figure 10. NC SAM Assessment Reaches Agent Authorization Form Pre -Construction Notification Pursuant to Nationwide Permit No. 39 General Permit Verification; SAW 2006-41409-361 (Issued 11.20.2006) NC SAM Worksheets (Reach l and Reach 2) NCNHP Response Letter SHPO Response Letter USFWS Response Letter Representative Photographs (A -N) Property Ownership Info DMS Credit Acceptance Letter cc: Mr. Michael Bishop, Westinghouse Materials File 9of9 COUNTY, NORTH CARQLIN jol�- f e D 2 PaE WkF Ur WkD -_ , 1 MeB V�CeD2 MOMeB•i� CUB M PaE e' Ur Wki W WkE WkE EnD MeD w Y ; u D M CeD2 aCe62 Ur dee M O � WkB CeB2 �Qpx PaE Ur MkB Pt Cu DaB PaE �O� 21 u6 C Cel '� m W kE Wk Ce South Boulevard u DaB MeD v -o ��Q1 \ MeD d WkB CeD2 CuD_ w C eD CQ 2 d, � MeB CeB2 MeB MeB PaE DaB 9 ,a MeD M CL MO Ce62 CuE3 d�� B CuD 0 CeD2 MeD Pat= MeB c \ \ ceb DaB WkB IRA CeB2 SOILS- DESCRIPTION D�DZ � CeB2 - Cecil sandy clay loam, 2 to 8 percent slopes, eroded f CeD2 - Cecil sandy clay loam, 8 to 15 percent slopes, eroded �•� Legend MO - Monacan Loam 082 DaD PaE - Pacolet sandy loam, 15 to 25 percent slopes Project Limits WkD - Wilkes loam, 8 to 15 percent slopes CeD2 1.000 X00 1.000 Feet REFERENCE: HISTORIC USDA-NRCS SOIL SURVEY OF MECKLENBURG COUNT Y. SHEET 11, DATED IQ70 SALE DATE 2/15/2016 USDA-NRCS Historic Soil Surve ' FIGURE NO. 1 inch = 1,000 feet � CWS PROJECT NO DRAWNBY:of Mecklenburg County 2016-3885 AV H APPLICANT NO cF1Ec> ED BY Westinghouse Materials 4 SAW -2016-00933 CHECKED CAR ❑LINA Charlotte, North Carolina WETLAND SERVICES CWS Project No. 2016-3885 / U:\2016',CW'S\2016 Projects2016-1885 Wzstinghousz M;nzrials\GIS\Figure4.msd Perennial Stream D (Kings Branch) 952 If S CP4 r i I I �-{ Perennial Stream A l ' SCP 724 if Perennial Stream B 392 if S CP2 Perennial Stream C h 1,0641f Wetland BB 0.01 ac. DPI DP1 Seasonal Stream D 38 1f Wetland AA 0.27 ac. S CP3 tream C int/per breakpoint '0s REFERENCE BACKGROUNDAERIALIN1AGERY PROVIDED BY ESRI, DATED 2013. BACKGROUND GIS LAYERS PROVIDED BY MECKLENBURG COUNTY GIS DEPARTMENT. DATED 2015. NOTE. JURISDICTIONAL WATERS OF I HE U.S. WERE DELINEATED (FLAGGED IN THE FIELD), CLASSIFIED, AND SURVEYED USING SUB -FOOT GPS UNIT BY CWS. INC., ON FEBRUARY 10, ?015 JURISDICTIONAL FEATURES HAVE NOT BEEN VERIFIED BY THE USACE. SCALE. DATE. 5/ 12/2016 I inch = 300 feet CWS PROJECT NO: DRAWN BY. MML 2016-3885REV APPLICANTNO: SAW -2016-00933 CHECKED BY. KMT CAROLINA U:1WETLAND SERVICES 2016\CWS�2016 Projects�2016-3885 Westinghouse Materials\GIS�Figure5_1D_rev.mxd Seasonal Stream C 30 if Legend Project Limits ......•• Seasonal Stream Perennial Stream ® Wetlands Roads Parcels ODP Data Point •SCP Stream Classification Point 4 Photo Location and Direction 300 150 0 300 Feet [ Jurisdictional Boundaries FIG) KIM) Westinghouse Materials 5 Charlotte, North Carolina CWS Project No. 2016-3885 Ar. t ':t 41 ralWd��l ` Required square footage assuming 35% growth. Current Areas Vlap Area Current Space in Category (Figure 7b) Ilse (sq. ft.) Future Tractor Trader Parking n/a 0 Truck with Trailer Parking n/a 0 39,898 Single Vehicle Parking A 15,046 Pallet Storage B 103,169 139,278 Soil Miadng C 221,295 254,489 Bulk D 56,934 113,868 Total: 396,444 sqft 527,947 s%ft Square Footage Needed (Future— Current Space)l 131,503 sq.ft Potentially Available Area to Utilize Potentially Available E I n/a 103,290 Total Potentially Available Areal 103,209 sq.ft 11111111 - REFERENCE: BACKGROUND AERIAL IMAGERY PROVIDED BY NC ONE MAP, DATED 2015. BACKGROUND GIS LAYER(S) PROVIDED BY MECKLENBURG COUNTY GIS DEPARTMENT, DATED 2015. SCALE: 1 inch = 300 feet DATE: 5�25�2016 CWS PROJECT NO: DRAWNBY: AVH 2016-3885 L� CAROLINA WETLAND SERVICES APPLICANT NO: SAW -2016-00933 CHECKED BY KMT :\2016\CWS\2016Projects\2016-3885 Westinghouse Materials\GISTigure6_rev5.25.16.mxd Legend Project Limits ....... Seasonal Stream Perennial Stream ® Wetlands Single Vehicle Parking (A) Pallet Storage (B) Soil Mixing (C) Bulk Storage (D) Potentially Available Area (E) ® Operations ROW Unusable Area Roads 300 150 0 300 Feet Current Site Conditions FIGURENO. - Available Area Westinghouse Materials 6 Charlotte, North Carolina CWS Project No. 2016-3885 . +4 .a r R F a ` W_j(DQ Y U '$ L _30o0w ." �0z Q Q U) I- a �r y }� wet r r � �� .r �.yr�'' '.'_.••ter ��'w. _. U) N L CO N � EL m cu cn X11 z _O ti Lu G z � O c� U L.L W I— Cf) Z W U X11 a Proposed Areas NlapArea Propos ed Space Category (Figure 7b) Reconfiguration (s4 ft.) Tractor Trailer Parking Truck with Trailer Parking A 39,898 Single Vehicle Parking Pallet Storage B 50,478 Sod Mi)dng C 221,295 Bulk D 38,475 New Usable Area E 129,527 Total: 479,673 sq.ft REFERENCE: BACKGROUND AERIAL IMAGERY PROVIDED BY NC ONE MAP, DATED 2015. BACKGROUND GIS LAYER(S) PROVIDED BY MECKLENBURG COUNTY GIS DEPARTMENT, DATED 2015. SC -\LE: DATE: 5�25�2016 1 inch = 300 feet CWS PROJECT NO: DRAWN BY. AV H 2016-3885 APPLICANTNO:SA W-2016-00933 CHECKED BY: KMT CAROLINA WETLAND SERVICES :\2016\CWS\2016 Proj ects\2016-3885 Westinghouse Materials\GIS\Figure76_rev5.25.16.rnx I IV 41 -ot.� •� fi L. Legend Project Limits Perennial Stream ...... Seasonal Stream Wetlands Proposed Pipe Parking Area (A) Pallet Storage (B) Soil Mixing Area (C) n Bulk (D) ` New Usable Area (E) ® Operations ROW Unusable Area Roads 300 150 0 300 Feet FIGURE NO. Proposed Site Layout Westinghouse Materials 7b Charlotte, North Carolina CWS Project No. 2016-3885 Impacts to Wetlands AA and 1313 - 0.28 acre permanent impact '-1 0000 �+ 1 �Y�t ■ ■ portions J p Impact to Perennial Stream C "* i 736 If permanent impact C 1111r, Alternative Design: r LK Pipe Extension - 670 -foot 48" RCP REFERENCE: BACKGROUND AERIAL IMAGERY PROVIDED BY NC ONEMAP, DATED 2011. BACKGROUND GIS LAYERS PROVIDED BY MECKLENBURG COUNTY GIS DEPARTMENT, DATED 2015 NOTE: JURISDICTIONAL WATERS OF THE U.S. WERE DELINEATED (FLAGGED IN THE FIELD), CLASSIFIED, AND SURVEYED USING SUB -FOOT GPS UNIT BY CWS, INC., ON FEBRUARY 10, 2015. JURISDICTIONAL FEATURES HAVE NOT BEEN VERIFIED BY THE USACE. SCALE: DATE. 5/16/2016 1 inch = 200 feet CWS PROJECT NO: DRAWN BY: 2016-3885 AVH L APPLICANTNO: SAW -2016-00933 CHECKED BY: KMT CAROLINA WETLAND SERVICES U:\2016\CWS\2016 Projects\2016-3885 Westinghouse Materials\GISTigumg.mxd Impact to Seasonal Stream C - 30 if permanent impact Legend Project Limits ■ ■ ■ ■ ■ ■ Seasonal Stream Impact Alternative Design 1 Perennial Stream Impact Avoided Perennial Stream - Existing Pipe Wetland Impact Roads Parcels 200 100 0 200 Feet Alternative Design 1 FIGURE NO, Individual Permit Westinghouse Materials 9 Charlotte, North Carolina CWS Project No. 2016-3885 s �1 NC SAM 1: Intermittent Stream C 30 If Score: LOW REFERENCE: BACKGROUND AERIAL IMAGERYPROVIDED BY NC ONEMAP, DATED 2014, BACKGROUND GIS LAYERS PROVIDED BY MECKLENBURG COUNTY GIS DEPARTMENT, DATED 2015. NOTE: JURISDICTIONAL WATERS OF THE U.S. WERE DELINEATED (FLAGGED IN THE FIELD), CLASSIFIED, AND SURVEYED USING A SUB -FOOT GPS UNIT BY CWS, INC., ON FEBRUARY 10, 2015. JURISDICTIONAL FEATURES HAVE NOT BEEN VERIFIED BY THE USACE. SCALE. DATE: 5� 162016 1 inch = 300 feet CWS PROJECT NO: DRAWNBY AVH 2016-3885 - .APPLICANTNO: SAW -20I6-00933 CHECKED BY: KMT CAROLINA WETLAND SERVICES U:\2016\CWS\2016 Projects\20163885 Westinghouse Materials\GIS\Figurell.mxd s. NC SAM 2: Perennial Stream C 269 If Score: MEDIUM 300 150 Legend Project Limits �-- INC SAM 1 �NCSAM 2 Perennial Stream ® Wetlands Roads --- Parcels 0 300 Feet NC SAM Assessment Reaches FIGURE NO. Westinghouse Materials 10 Charlotte, North Carolina CWS Project No. 2016-3885 AGENT CERTIFICATION OF AUTHORIZATION I, the undersigned, a duly authorized owner of record of the property/properties identified herein, do authorize representative of the Wilmington District, U.S. Army Corps of Engineers (Corps) to ender 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 jurisdictional under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. I, Mr. Michael Bishop, representing Westinghouse Materials, hereby certify that I have authorized Gregg Antemann of Carolina Wetland Services, Inc. to act on my behalf and take all actions necessary to the processing, issuance, and acceptance of this request for wetlands determination / permitting and any and all standard and special conditions attached. We hereby certify that the above information submitted in this application is true and accurate to the best of our knowledge. Applicant's sign ture Zr Date Zr-a- C. AU�_� Agent's signature 2-15-2016 Date Completion of this form will allow the agent to sign all future application correspondence. ot INAT�FAOG O Nli� Y Office Use Only Corps action ID no DWQ project no Form Version 14 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). IR 401 Water Quality Certification — Regular ❑, Non -404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization le. 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 1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below 01 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: Westinghouse Materials 2b. County. Mecklenburg 2c. Nearest municipality / town: Charlotte 2d. Subdivision name: N/A 2e NCDOT only, T.I.P. or state project no. 3. Owner Information 3a. Name(s) on Recorded Deed WESTINGHOUSE MATERIALS CO LLC 3b Deed Book and Page No 12987-487 3c. Responsible Parry (for LLC if applicable). Mr. Michael Bishop 3d. Street address: PO BOX 242489 3e. City, state, zip: CHARLOTTE NC 28224 3f. Telephone no.: 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 Westinghouse Materials Company, LLC 4b. Name: Mr. Michael Bishop 4c Business name (if applicable): Westinghouse Materials Company, LLC 4d Street address: 1625 E. Westinghouse Blvd. 4e. City, state, zip. Charlotte, NC 28273 4f. Telephone no.: 04-363 9029 4g. Fax no. 4h. Email address: 5. Agent/Consultant Information (if applicable) 5a. Name: Gregg Antemann, PWS 5b. Business name (if applicable): Carolina Wetland Services, Inc. 5c Street address. 550 E. Westinghouse Blvd. 5d. City, state, zip. Charlotte, NC 28273 5e. Telephone no: 704-408-1683 5f. Fax no • 704-527-1133 5g Email address: gregg@cws-inc.net Page 2 of 10 B. Project Information and Prior Project History 1. Property Identification is Property identification no. (tax PIN or parcel ID) 20522103 1 b. Site coordinates (in decimal degrees) Latitude: 35.115856° Longitude: -80.8902920 1c Property size 38 acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: Kings Branch 2b. Water Quality Classification of nearest receiving water: C 2c. River basin. Santee (HUC 03050103) 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 consists of a landscaping supply yard and marginal wooded areas (Figure 2, attached). Typical on-site vegetation includes loblolly pine (Pinus taeda), sweetgum (Liquidambar styraciflua), red maple (Acer rubrum), white oak (Quercus alba), red oak (Quercus rubra), pignut hickory (Carya glabra), eastern red cedar (Juniperus virginiana), Japanese honeysuckle (Lonicera japonica), and poison ivy (Toxicodendron radicans). According to the Soil Survey of Mecklenburg County (Figures 3 and 4, attached), on-site soils consist of Cecil sandy clay loam, 2 to 8 percent slopes, eroded (Ce132), Cecil sandy clay loam, 8 to 15 percent slopes, eroded (CeD2), Monacan Loam (MO), Pacolet sandy loam, 15 to 25 percent slopes (Pa E), and Wilkes loam, 8 to 15 percent slopes (WkD) Of the on-site sods, only Monacan loam (MO) is listed on the North Carolina Hydric Soils List for Mecklenburg County and on the National Hydric Soils List as having hydric inclusions (Hydric Criteria 2133). 3b List the total estimated acreage of all existing wetlands on the property: 0 28 acre 3c List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 3,232 linear feet of perennial stream channel, 30 linear feet of seasonal stream channel 3d. Explain the purpose of the proposed project. Westinghouse Materials Company, LLC works as a landscape and hardscape materials dealer. The purpose of this project is to reconfigure the site in order to increase the storage capacity, facilitate the organization of products, and for the trucks to safely maneuver and access the site for the drop-off, pick up, and sale of materials. Figures 6 and 7a (attached) illustrate the current site conditions Please see the cover letter for more detailed description. Page 3 of 10 PCN Form — Version 1.4 January 2009 3e. Describe the overall project in detail, including the type of equipment to be used: Under Nationwide Permit (NWP) No 39, unavoidable permanent impacts to jurisdictional waters associated with this project are limited to a total of approximately 299 linear feet (If) of jurisdictional stream channel (Stream C) The 299 linear feet of impact consists of 30 linear feet impact to an intermittent channel and 269 linear feet impact to perennial channel. Impacts to Stream C are the result of the extension of an existing pipe. Figure 6 (attached) depicts the proposed plan overview and Figur 8 depicts the proposed pipe extension. The project proposes to extend an existing 48 -inch pipe located beneath the access road in the southeastern portion of the site The pipe extension will be completed with a 209 -linear foot, 48 -inch reinforced concrete pipe (RCP) The pipe extension is necessary in order to reconfigure the facility layout for trucks to safely maneuver and access the site for the drop-off and sale o materials while maintaining the hydraulic connection of Stream C. The proposed impacts will result in 30 linear feet of permanent impact to Seasonal Stream A and 269 linear feet of permanent impact to Perennial Stream C (Figure 8, attached). 4. Jurisdictional Determinations 4a Have jurisdictional wetland or stream determinations by the ® Yes 01 No ❑ Unknown Corps or State been requested or obtained for this property / project(including all priorphases) in thepast? Comments: 4b. If the Corps made the jurisdictional determination, what type ® Preliminary 0 Final ry of determination was made? 4c If yes, who delineated the jurisdictional areas? Agency/Consultant Company: Name (if known): Gregg Antemann Other: CWS 4d If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. General Permit Verification, SAW 2006-41409-361 (issued 11.20.2006) and SAW -2005-31707 (issued on June 5, 2005) 5. Project History 5a Have permits or certifications been requested or obtained for ® Yes ❑ No ❑ Unknown this project (including all prior phases) in the past? 5b If yes, explain in detail according to "help file" instructions. Please see the project history section in the cover letter. 6. Future Project Plans 6a. Is this a phased project? ❑ Yes ® No 6b If yes, explain Page 4 of 10 PCN Form —Version 1.4 January 2009 C. Proposed Impacts Inventory 1. Impacts Summary la Which sections were completed below for your project (check all that apply): ❑ Wetlands ®I 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 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 Piping Stream A PER Corps 3-4 269 S2 P Piping Stream A INT Corps 3 30 S3 _ Choose One - - S4 _ Choose One - S5 _ Choose One ! r, _ S6 _ Choose One - 3h. Total stream and tributary impacts 299 3i Comments: Permanent impacts to jurisdictional streams total 299 If (301f of intermittent channel and 269 If of perennial channel) Page 5 of 10 PCN Form — Version 1.4 January 2009 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then indivi ually list all open water impacts below. 4a Open water impact number Permanent (P) or Temporary 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 - 51. 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 vou MUST fill out Section D of this form. 6a. Project is in which protected basin? iO Neuse ❑ Tar -Pamlico ❑' Catawba D Randleman ❑ Other: 6b. Buffer Impact number— Permanent (P) or Tempora 6c. Reason for impact 6d. Stream name 6e. Buffer mitigation required? 6f Zone 1 impact (square feet) 6g. Zone 2 impact (square feet 131 _ 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. Proper sediment and erosion control measures will be used to minimize disturbances to downstream waters. Construction activities and impacts to on-site jurisdictional waters of the U S will comply with all conditions of Nationwide Permit 39 and Water Quality Certification No. 3890 All work will be constructed in the dry. Impacts have been limited to less than 300 linear feet of jurisdictional stream channel. The proposed piped conveyance is necessary in order reconfigure the site to move the palletized storage to the eastern portion of the site. Stream C divides the majority of the site in half, limiting the options for trucks to access the eastern portion of the site to organize and store the materials within the site Please see the cover letter for more detailed description lb Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Proper sediment and erosion control measures will be used to minimize disturbances to downstream waters Construction activities and impacts to on-site jurisdictional waters of the U.S. will comply with all conditions of Nationwide Permit 39 and Water Quality Certification No. 3890. All work will be constructed in the dry. Impacts have been limited to less than 300 linear feet of jurisdictional stream channel. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for ® Yes ❑ No impacts to Waters of the U.S or Waters of the State? 2b. If yes, mitigation is required by (check all that apply): M DWQ IZI Corps ❑ Mitigation bank 2c. If yes, which mitigation option will be used for this project? M Payment to in -lieu fee program ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a Name of Mitigation Bank: Type- Choose One Quantity: 3b. Credits Purchased (attach receipt and letter) Type: Choose One Quantity: Quantity: Type Choose One 3c Comments: 4. Complete if Making a Payment to In -lieu Fee Program 4a Approval letter from in -lieu fee program is attached M Yes 4b Stream mitigation requested- 299 linear feet 4c If using stream mitigation, stream temperature Warm 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 S. 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 ® 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 O'Yes ® 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? <24 % 2b Does this project require a Stormwater Management Plan? ❑ Yes ED No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why. Impervious surface area does not change significantly. 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: 2e. Who will be responsible for the review of the Stormwater Management Plan? 3. Certified Local Government Stormwater Review 3a In which local government's jurisdiction is this project? ❑ Phase II 3b Which of the following locally -implemented stormwater management programs ❑ NSW apply (check all that apply) ❑ USMP ❑ Water Supply Watershed ❑ Other: 3c Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑ No attached? 4. DWQ Stormwater Program Review 0 Coastal counties 4a. Which of the following state -implemented stormwater management programs apply ❑ HQW (check all that apply): ❑ ORW ❑ Session Law 2006-246 ❑i Other - 4b. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑ No attached? S. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? b Yes 01 No 5b. Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No Page 8 of 10 PCN Form — Version 14 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 ® 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 letter.) ❑ Yes ❑ No 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 ® 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): 3. Cumulative Impacts (DWQ Requirement) 3a Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality ❑Yes ®No 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 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 0 Yes ®I 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? CWS performed a data review using North Carolina Natural Heritage Program (NCNHP) Data Explorer on April 1, 2016 to determine the presence of any federally -listed, candidate endangered, threatened species or critical habitat located within the project area Based on this review, there are no records of federally -protected species within the project limits. A copy of the data review report is attached. However, as Mecklenburg County falls within the Northern long-eared bat (Myotis septentrionalis) habitat range consultation is required with United States Fish and Wildlife Service (USFWS) per the Final 4(d) Rule, which became effective on February 16, 2016, and recent guidance from the USACE The Northern long-eared bat (NLEB) is one of the species of bats most impacted by the white -nose syndrome disease. Habitat for the NLEB includes forested areas of any age, rocky areas with boulders, and culverts greater than four feet wide Due to recent population declines of almost 89% caused by white -nose syndrome and continued spread of the disease, the NLEB now receives protection as a Threatened species under the Endangered Species Act. A Threatened species is defined as a taxon likely to become endangered within the foreseeable future throughout all or a significant portion of its range . The U.S. Fish and Wildlife Service (USFWS) is requesting the documentation of the amount of wooded acres cleared in connection with any construction project that takes place within any county shown on the January 29, 2016 White -Nose Syndrome Buffer Zone Map (attached) A letter was forwarded to the USFWS on April 13, 2016 to determine if the project will adversely affect the NLEB. There are no known mature roosting trees or hibernacula recorded in Mecklenburg County per USFWS published GIS data . Therefore, this project may affect, but is not likely to adversely affect the NLEB. The USFWS response letter dated April 22, 2016 (attached) concurs with this determination. 6. Essential Fish Habitat (Corps Requirement) —r— 6a Will this project occur in or near an area designated as essential fish habitat? ©' Yes 0 No 6b What data sources did you use to determine whether your site would impact Essential Fish Habitat? NOAA Fisheries- http://sharpfin.nmfs.noaa gov/website/EFH_Mapper/map.aspx 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 0 Yes 01 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? A letter was forwarded to the State Historic Preservation Office (SHPO) on April 6, 2016 to determine the presence of any areas of architectural, historic, or archaeological significance that would be affected by the project In a response letter dated April 26, 2016, the SHPO states that they are "aware of no historic resources which would be affected by the project'. The SHPO response letter is attached. CWS also consulted the SHPO online GIS service database and found no sites of architectural, historical, or archaeological significance within the project limits. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA -designated 100 -year floodplain? 0 Yes IR No 8b If yes, explain how project meets FEMA requirements: 8c What source(s) did you use to make the floodplain determination? FEMA FIRM No. 3710453000L /11Gregg Antemann • 5.23.16 Applicant/Agent's Printed Name Applicant/Agent's Signature (Agent's Date signature is valid only if an authorization letter from the applicant is provided Page 10 of 10 U.S. ARMY CORPS OF ENGINEERS WILAUNGTON DISTRICT Action ID. SAW -200641409-361 County: Mecklenburg USGS Quad: Fort Mill' GENERAL PERIVIIT (REGIONAL AND NATIONWIDE) VERIFICATION Property Owner / Authorized Agent: Westinghouse Materials Company, LLC, Att'n: Michael Bishop Address: P.O. Bog 1559 Indian Trail, NC 28079 Telephone No.: Size and location of property (water body, road name/number, town, etc.): Site located on 40 acre tract off of Crafters Lane., in Charlotte Description of projects area and activity: Impact <150 LF of an intermittent, unnamed tributary to Kings Branch in association with the widening of an existing crossing within an industrial development. Previously, 149 LF of the intermittent, unnamed tributary was authorized for impact (upstream) under Action ID. 200531707 on 6/5/05. Remaining on-site stream channels and wetlands will be preserved and buffered in accordance with the plan submitted with the application. Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344) ❑ Section 10 (Rivers and Harbors Act, 33 USC 403)' Authorization: Regional General Permit Number: Nationwide Permit Number: 39 Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached Nationwide conditions and your submitted plans. Any violation of the attached conditions or deviation from your submitted plans may subject the pernuttee to a stop work order, a restoration order and/or appropriate legal action. This verification is valid until the NWP is modified, reissued, or revoked. All of the existing NWPs are scheduled to be modified, reissued, or revoked prior to March 18, 2007. It is incumbent upon you to remain informed of changes to the NWPs. We will issue a public notice when the NWPs are reissued. Furthermore, if you commence or are under contract to commence this activity before the date that the relevant nationwide permit is modified or revoked, you will have twelve (12) months from the date of the modification or revocation of the NWP to complete the activity under the present terms and conditions of this nationwide permit. If prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this venfication will remain valid until the expiration date identified below, provided it complies with all new and/or modified terms and conditions. The District Engineer may, at any time, exercise his discretionary authority to modify, suspend, or revoke a case specific activity's authorization under and NWP.,, Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Quality (telephone (919) 733-17867 to determine Section 401 requirements'. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Steve Chapin at 828-271-7980 x224. Corps Regulatory Official Steve Cha in Date: 'November 20, 2006 Expiration Date of Venfication: March 18, 2007 Copy,Furnished: CWS, 550 East Westinghouse Blvd., Charlotte, NC 28273 Permit Number: SAW -2006-41409-361 Permit Type: NW39 Name of County: Mecklenburg Name of Permittee: Westinghouse Materials Company, LLC, Att'n: Michael Bishop Date of Issuance: November 20, 2006 Project Manager: Steve Chapin Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: U.S. Army Corps of Engineers Attention: CESAW-RG-A 151 Patton Avenue, Room 208 Asheville, North Carolina 28801-5006 Please note that your permitted activity is subject to a compliance inspection by an U.S. Army Corps of Engineers representative. If you fail to comply with this permit you are subject to permit suspension, modification, or revocation. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and conditions of the said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date o�0� WAr, r J o liiv4w-c Mr. Michael Bishop Westinghouse Materials Co., LLC P.O. Box 1559 Indian Trail, NC 28079 Subject: Westinghouse Materials Site, Charlotte Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources APPROVAL of 401 Water Quality Certification with Additional Conditions Dear Mr. Bishop: Alan W Klimek, P E Director Division of Water Quality November 3, 2006 DWQ# 05-1957 Mecklenburg County You have our approval, in accordance with the attached conditions and those listed below, to impact 149 linear feet (If) of an unnamed intermittent tributary to Kings Branch in order to construct the stream crossing at the subject site in Mecklenburg County, as described in your application received by the Division of Water Quality (DWQ) on October 25, 2006. After reviewing your application, we have determined that this project is covered by Water Quality General Certification Number 3402, which can be viewed on our web site at http://h2o.enr.state.ne.us/newetiands. The General Certification allows you to use Nationwide Permit Number 39 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed regulations. The above noted Certification will expire when the associated 404 permit expires unless otherwise specified in the General Certification. This approval is only valid for the purpose and design that you described in your application. If you change your project, you must notify us in writing, and you may be required to send us a new application for a new certification. If the property is sold, the new owner must be given a copy of the Certification and approval letter; and is thereby responsible for complying with all conditions. In addition to the requirements of the Certification, you must also comply with the following conditions: 1. The Mooresville Regional Office shall be notified in writing once construction at the approved impact areas has commenced. 2. The base flow stream channel shall be maintained (reconstructed) immediately above and below the proposed stream crossing. This may be accomplished through the construction of flood plain benches or similar measures. These measures must be approved, in writing, by this office prior to construction. North Carolina Division of Water Quality 610 East Center Ave , Suite 301 Mooresville, NC 28115 Phone (704) 663-1699 Customer Service Intemet nmaterquardy.org FAX (704) 663.6040 1-877-623-6748 An Equal OpporlunitylAftirmative Action Employer— 50% Recycled/10% Post Consumer Pape, 3. A final written storm water management plan shall be approved, in writing, by this Office (or approved local governing authority) prior to the construction of any permanent facilities at the site. The storm water facilities must be designed to treat the runoff from the entire project, unless otherwise explicitly approved by the Division of Water Quality. Also, before any permanent building is occupied at the site, the storm water facilities (as approved by this Office) shall be constructed and operational, and the storm water management plan (as approved by this Office) shall be implemented. The structural storm water practices as approved by this Office as well as drainage patterns must be maintained in perpetuity. No changes to the structural storm water facilities shall be made without written authorization from the Division of Water Quality. 4. Deed notifications or similar mechanisms shall be placed on all lots with remaining jurisdictional wetlands and waters or areas within 50 feet of all streams and ponds on the property. These mechanisms shall be put in place within 30 days of the date of this letter or the issuance of the 404 Permit (whichever is later). A sample deed notification format can be downloaded from the 401/Wetlands Unit web site at htto://h2o.enr.state.nc.us/ncwetlands.. 5. Storm water discharge structures at this site shall be constructed in a manner such that the potential receiving streams will not be impacted due to sediment accumulations, scouring or erosion of the stream banks. 6. All wetlands, streams, surface waters, and riparian buffers located on the project site where impacts are not allowed shall be clearly marked (example- orange fabric fencing) prior to any land disturbing activities. 7. The planting of native vegetation and other soft stream bank stabilization techniques must be used . where practicable instead of riprap or other bank hardening methods. If riprap is necessary, it shall, not be placed in the streambed, unless approved by the DWQ. 8. No waste, spoils, solids, or fill of any kind shall be placed in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Preconstruction Notification application. All construction activities associated with this project shall meet, and/or exceed, those requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual and shall be conducted so that no violations of state water quality standards, statutes, or rules occur. 9. Sediment and erosion control devices shall not be placed in wetlands or waters to the maximum extent practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored within two months of the date the Division of Land Resources has released the project. 10. Upon completion of the project, the applicant shall complete and* return the enclosed "Certificate of Completion" form to the 401/Wetlands Unit of the NC Division of Water Quality. Please send photographs of the upstream and downstream sides of each culvert site to document correct installation, along with the Certificate of Completion form. 11. Continuing Compliance. The applicant (Westinghouse Materials Co., LLC) shall conduct all activities in a manner so as not to contravene any state water quality standard (including any requirements for compliance with section 303(d) of the Clean Water Act) and any other appropriate requirements of state and federal law. If DWQ determines that such standards or laws are not being met (including the failure to sustain a designated or achieved use) or that state or federal law is being violated, or that further conditions are necessary to assure compliance, DWQ may reevaluate and modify this certification to include conditions appropriate to assure compliance with such standards and requirements in accordance with 15A NCAC 2H.0507(d). Before codifying the certification, DWQ shall notify the applicant and the US Army Corps of Engineers, provide public notice in accordance with 15A NCAC 2H.0503, and provide opportunity for public hearing in accordance with 15A NCAC 2H.0504. Any new or revised conditions shall be provided to the applicant in writing, shall be provided to the United States Army Corps of Engineers for reference in any permit issued pursuant to Section 404 of the Clean Water Act, and shall also become conditions of the 404 Permit for the project. If you do not accept any of the conditions of this Certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition that conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This Certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Mr. Alan Johnson in the Mooresville Regional Office at 704-663-1699 or Ms. Cyndi Karoly in the Division's Wetland Unit at 919-733-9721. Sincerely, for Alan W. Klimek, P.E. Attachments cc: Army Corps of Engineers, Asheville Ian McMillan, Wetlands Unit Becky Fox, EPA Central Files File Copy Greg Antemann NC SAM FIELD ASSESSMENT FORM user manuai 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 Seethe NC SAM User Manual for detailed descriptions and explanations of requested information Record in the "Notes/Sketch" section if supplementary measurements were performed Seethe 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: Westinghouse Materials Site (NC 1 Project name (if any) SAM 1) 2 Date of evaluation 4-26-2016 3 Applicant/owner name Westinghouse Materials 4 Assessor name/organization CWS, AVH, GCA, KMT, & KJM 5 County, Mecklenburg 6 Nearest named water body 7 River basin Santee on USGS 7 5 -minute quad Kings Branch 8 Site coordinates (decimal degrees, at lower end of assessment reach) -80 890554, 35117972 STREAM INFORMATION: (depth and width can be approximations) 9 Site number (show on attached map) NC SAM 1 10 Length of assessment reach evaluated (feet) 30 feet 11 Channel depth from,bed (in riffle, if present) to top of bank (feet) 2 ❑Unable to assess channel depth 12 Channel width at top of bank (feet) 3-4 13 Is assessment reach a swamp steam? ❑Yes []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� l valley shape (skip for ®B Tidal Marsh Stream) (more sinuous stream, flatter valley slope) (less sinuous stream, steeper valley slope) 17 Watershed size (skip ®Size 1 (< 0 1 mit) ❑Size 2 (0.1 to < 0 5 mit) ❑Size 3 (0 5 to < 5 mit) ❑Size 4 (2 5 mit) for Tidal Marsh Stream) ADDITIONAL INFORMATION: 18 Were regulatory considerations evaluated? ®Yes []No If Yes, check all that apply to the assessment area ❑Section 10 water ❑Classified Trout Waters ❑Water Supply Watershed (❑I ❑II ❑III ❑IV ❑V) ❑Essential Fish Habitat []Primary Nursery Area ❑ High Quality Waters/Outstanding Resource Waters []Publicly owned property ❑NCDWR Riparian buffer rule in effect ❑Nutrient Sensitive Waters ❑Anadromous fish ❑303(d) List ❑LAMA Area of Environmental Concern (AEC) []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? 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 nffle-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 A 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 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 flood plainhntertidal 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 flood plainhnterhdaI zone access [examples impoundments, intensive mosquito ditching]) or flood plainhntertidal zone unnaturally absent or assessment reach is a man-made feature on an interstream divide 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) 91 Other (explain in "Notes/Sketch" section) ❑J Little to no stressors 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 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 y ❑F 5% oysters or other natural hard bottoms (include liverworts, lichens, and algal mats) (a ❑G Submerged aquatic vegetation ®B Multiple sticks and/or leaf packs and/or emergent o ❑H Low -tide refugia (pools) vegetation Y tC ❑I Sand bottom ®C Multiple snags and logs (including lap trees) Co ❑J 5% vertical bank along the marsh ❑D 5% undercut banks and/or root mats and/or roots ❑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) 11a ❑Yes ®No Is assessment reach in a natural sand -bed stream? (skip for Coastal Plain streams) 11b 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) 11c 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 ❑ ❑ ❑ ❑ ❑ Bed rock/sapro lite ❑ ❑ ❑ ❑ ❑ 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.) 111d ❑Yes ❑No Are pools filled with sediment? (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams) 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 (Corbrcula) ❑ ❑Crustacean (isopod/amphipod/crayfish/shrimp) ❑ ❑Damselfly and dragonfly larvae ❑ ❑Dipterans ❑ ❑Mayfly larvae (E) ❑ ❑Megaloptera (alderfly, fishfly, dobsonfly larvae) ❑ ®Midges/mosquito larvae ❑ ❑Mosquito fish (Gambusta) or mud minnows (Umbra pygmaea) ❑ ❑Mussels/Clams (not Corbicula) ❑ ❑Other fish ❑ ❑Salam anders/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, sod 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 2 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 Ounsdictional 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 (2 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 OF 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 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 Z 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 22:10 Abuts < 30 feet 30-50 feet LB RB LB RB LB RB ❑A ❑A ❑A ❑A ❑A ❑A Row crops ❑B ❑B ❑B ❑B El ❑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). CIA <46 EIB 46 to < 67 []C 67 to < 79 ❑D 79 to < 230 ❑E 2:230 Notes/Sketch, Draft NC SAM Stream Rating Sheet Accompanies User Manual Version 2.1 Stream Site Name Westinghouse Materials Site Date of Assessment 4-26-2016 (NC SAM 1) Stream Category Pbl Assessor Name/Organization CWS, AVH, GCA, KMT, & KJM Notes of Field Assessment Form (Y/N) NO Presence of regulatory considerations (Y/N) NO Additional stream information/supplementary measurements included (Y/N) NO NC SAM feature type (perennial, intermittent, Tidal Marsh Stream) Perennial USACE/ NCDWR Function Class Rating Summary All Streams Intermittent (1) Hydrology LOW (2) Baseflow MEDIUM (2) Flood Flow LOW (3) Streamside Area Attenuation LOW (4) Floodplain Access LOW (4) Wooded Riparian Buffer MEDIUM (4) Microtopography NA (3) Stream Stability LOW (4) Channel Stability LOW (4) Sediment Transport LOW (4) Stream Geomorphology LOW (2) Stream/Intertidal Zone Interaction NA (2) Longitudinal Tidal Flow NA (2) Tidal Marsh Stream Stability NA (3) Tidal Marsh Channel Stability NA (3) Tidal Marsh Stream Geomorphology NA (1) Water Quality LOW (2) Baseflow MEDIUM (2) Streamside Area Vegetation HIGH (3) Upland Pollutant Filtration HIGH (3) Thermoregulation HIGH (2) Indicators of Stressors YES (2) Aquatic Life Tolerance LOW (2) Intertidal Zone Filtration NA (1) Habitat MEDIUM (2) In -stream Habitat LOW (3) Baseflow MEDIUM (3) Substrate LOW (3) Stream Stability LOW (3) In -stream Habitat MEDIUM (2) Stream -side Habitat HIGH (3) Stream -side Habitat MEDIUM (3) Thermoregulation HIGH (2) Tidal Marsh In -stream Habitat NA (3) Flow Restriction NA (3) Tidal Marsh Stream Stability NA (4) Tidal Marsh Channel Stability NA (4) Tidal Marsh Stream Geomorphology NA (3) Tidal Marsh In -stream Habitat NA (2) Intertidal Zone NA Overall LOW NC SAM FIELD ASSESSMENT FORM Accompanies User Manual Version 2.1 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 Seethe NC SAM User Manual for detailed descriptions and explanations of requested information. Record in the "Notes/Sketch" section if supplementary measurements were performed Seethe 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: Westinghouse Materials Site (NC 1 Project name (if any) SAM 2) 2 Date of evaluation- 4-26-2016 3. Applicantlowner name. Westinghouse Materials 4 Assessor name/organization CWS, AVH, GCA, KMT, & KJM 5 County Mecklenburg 6 Nearest named water body 7 River basin Santee on USGS 7 5 -minute quad Kings Branch 8 Site coordinates (decimal degrees, at lower end of assessment reach) , -80 890554, 35 117972 STREAM INFORMATION: (depth and width can be approximations) 9 Site number (show on attached map). NC SAM 2 10. Length of assessment reach evaluated (feet) 110 feet 11 Channel depth from bed (in nffle, if present) to top of bank (feet) 2-4 0 ❑Unable to assess channel depth 12 Channel width at top of bank (feet) 3 13 Is assessment reach a swamp steam? []Yes []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\� l_ ®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 mit) ❑Size 2 (0 1 to < 0 5 miz) ❑Size 3 (0 5 to < 5 miz) []Size 4 (a 5 miz) 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 (❑I ❑11 ❑III ❑IV ❑V) ❑Essential Fish Habitat ❑Primary Nursery Area ❑ High Quality Waters/Outstanding Resource Waters []Publicly owned property ❑NCDWR Riparian buffer rule in effect ❑Nutrient Sensitive Waters ❑Anadromous fish ❑303(d) List ❑CAMA Area of Environmental Concern (AEC) ❑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 A 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 A 5. Signs of Active Instability — assessment reach metric I 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 le EIC > 25% of channel unstable 6. Streamside Area Interaction — streamside area metric Consider for the Left Bank (LB) and the Right Bank (RB). LB RB ❑F ❑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 ❑G reference interaction (examples. limited streamside area access, disruption of flood flows through streamside area, leaky ®B 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 Low -tide refugia (pools) [examples causeways with floodplain and channel constriction, bulkheads, retaining walls, fill, stream incision, disruption vegetation of Flood flows through streamside area] or too much floodplain/intertidal zone access [examples impoundments, intensive ❑I mosquito ditching]) or floodplain/intertidal zone unnaturally absent or assessment reach is a man-made feature on an ®C 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) El 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 y ❑F 5% oysters or other natural hard bottoms (include liverworts, lichens, and algal mats) ,E, ❑G Submerged aquatic vegetation ®B Multiple sticks and/or leaf packs and/or emergent ❑H Low -tide refugia (pools) vegetation t ❑I Sand bottom ®C Multiple snags and logs (including lap trees) r ,e, ❑J 5% vertical bank along the marsh ❑D 5% undercut banks and/or root mats and/or roots ❑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) 11a ❑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 11 c) ®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) _ > 1040%, 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) 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 (Corbrcula) ❑ ❑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 Corbrcula) ❑ ❑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 2 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 ❑N 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 punsdictional 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 sod 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 (2 24% impervious surface for watershed) ®D Evidence that the streamside area has been modified resulting in accelerated drainage into the assessment reach El Assessment reach relocated to valley edge OF 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 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 2 100 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 2 230 Notes/Sketch Draft NC SAM Stream Rating Sheet Accompanies User Manual Version 2.1 Stream Site Name Westinghouse Materials Site Date of Assessment 4-26-2016 (NC SAM 2) Stream Category Pb1 Assessor Name/Organization CWS; AVH, GCA, KMT, & KJ M Notes of Field Assessment Form (YIN) NO Presence of regulatory considerations (YIN) NO Additional stream information/supplementary measurements included (YIN) NO NC SAM feature type (perennial, intermittent, Tidal Marsh Stream) Perennial USACE/ NCDWR Function Class Rating Summary All Streams Intermittent (1) Hydrology LOW (2) Baseflow MEDIUM (2) Flood Flow LOW (3) Streamside Area Attenuation LOW (4) Floodplain Access LOW (4) Wooded Riparian Buffer HIGH (4) Microtopography NA (3) Stream Stability MEDIUM (4) Channel Stability MEDIUM (4) Sediment Transport LOW (4) Stream Geomorphology HIGH (2) Stream/Intertidal Zone Interaction NA (2) Longitudinal Tidal Flow NA (2) Tidal Marsh Stream Stability NA (3) Tidal Marsh Channel Stability NA (3) Tidal Marsh Stream Geomorphology NA (1) Water Quality MEDIUM (2) Baseflow MEDIUM (2) Streamside Area Vegetation HIGH (3) Upland Pollutant Filtration HIGH (3) Thermoregulation HIGH (2) Indicators of Stressors NO (2) Aquatic Life Tolerance LOW (2) Intertidal Zone Filtration NA (1) Habitat MEDIUM (2) In -stream Habitat LOW (3) Baseflow, MEDIUM (3) Substrate LOW (3) Stream Stability MEDIUM (3) In -stream Habitat MEDIUM (2) Stream -side Habitat HIGH (3) Stream -side Habitat MEDIUM (3) Thermoregulation HIGH (2) Tidal Marsh In -stream Habitat NA (3) Flow Restriction NA (3) Tidal Marsh Stream Stability NA (4) Tidal Marsh Channel Stability NA (4) Tidal Marsh Stream Geomorphology NA (3) Tidal Marsh In -stream Habitat NA (2) Intertidal Zone NA Overall MEDIUM NORTH CAROLINA DEPARTMENT OF NATURAL AND CULTURAL RESOURCES Pat McCrory Bryan Gossage Susan Kluttz Governor Executive Director Secretary Clean Water Management Trust Fund April 1, 2016 Aliisa Harjuniemi Carolina Wetland Services 550 E Westinghouse Blvd Charlotte, NC 28273 aliisa@cws-inc.net NCNHDE-1464 RE: Westinghouse Materials; 2016-3885 Dear Aliisa Harjuniemr The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural hentage resources from our database that have been compiled for the project referenced above. A query of the NCNHP database, based on the project area mapped with your request, indicates that there are no records for rare species, important natural communities, natural areas, or conservation/managed areas within the proposed project boundary Please note that although there may be no documentation of natural heritage elements within the project boundary, it does not imply or confirm their absence; the area may not have been surveyed. The results of this query should not be substituted for site-specific surveys where suitable habitat exists. In the event that rare species are found within the project area, please contact the NCNHP so that we may update our records. The attached 'Potential Occurrences' table summarizes rare species and natural communities that have been documented within a one -mile radius of the property boundary. The proximity of these records suggests that these natural heritage elements may potentially be present in the project area if suitable habitat exists and is included for reference. Tables of natural areas and conservation/managed area within a one -mile radius of the project area, if any, are also included in this report. The location of the natural areas and conservation/managed areas can be viewed online on the Natural Heritage Data Explorer found at https.//ncnWe. natureserve, oral Please note that natural heritage element data are maintained for the purposes of conservation planning, project review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions. Information provided by the NCNHP database may not be published without prior written notification to the NCNHP, and the NCNHP must be credited as an information source in these publications Maps of NCNHP data may not be redistributed without permission. The NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature Preserve (DNP), Registered Heritage Area (RHA), or Federally -listed species are documented near the project area. If you have questions regarding the information provided in this letter or need additional assistance, please contact John Finnegan at or 919 707.8630. Sincerely, NC Natural Heritage Program Page 1 of 3 M O N m c c6 a O T E .o d1 Y N LD R (n (n N y a e0 Y ui O w () (D N 0 a: N 0 O V a) N 0 c y r r 0) 0) a N N c c I x z U w W W Z O a a .. v c `O M N n a U. a c U W c c c c c c c c E E E E E E E E ECL E E E E E E E E CL 0 0 0 0 0 0 0 a) o O V J i'-' 0 0 0 0 0 0 0 0 c Q M �(D(D( 0('i000 d)d r c C C y co 0 0 0 0 0 0 0 0 0 CD Co d L r CC l0 E �- O O m m y A y �a d r C? 01 to 0 2 �p O 0 C.4 O a LU c o prp ++ da Cc t? a Z d 0 ar° m C O Q Z Q O m >. d y Q c o c c c c c c c c 8 d U U U U U U «� N a v U U o Z 0 r a 0 rn2)rnrnrnrnrnrn m '� E 0 t O rn a) O l0 Q)O c C C C C c c c c v C 0 2 3 0 = > Ny 0 �- 0 0 0 0 0 0 0 0 Z �YY..yyYYYYYY 3 C o O �' C U V U U U U U U m 4) m K£ m 0022 2 2 m 2 2 2 2 m oca o — x O 0 00 V U H ns ca m c 0 E d d 0 8 0 W C � _7 w, a1 c m m M 3Za) r c a E 3 �N co. x aai 0 'a r aciy 'E a � 3 •V m E n a a a n n n CL ' a Z v fn cn (n cn cn cn cn cn '3 c 0 V O C d! 0 0 0 0 0 0 0 0 N o yp LO v ce) p E aaaaaaaa c otfc u0 0 00000000016 M M m O E = o W p Z>>>> 7>>> X E IL - w' E U U U U U U U UC N V V V ` C a7 Q V VN QQ O)2)2)O)2m-m 7 v v 0' E a) d !9 E 3 7 7 7>> 7� mam�amMam c d W 4. C O a7 .Oa a) a) C C C C C C C C 0 a) a) a) a) 0 N p 41 c a E 0 c j= Z O) rn 0 a) 52 c c p p m> N 0 v v v v c > Z wr(? LL M O N m c c6 a I y W w ■r E m Q �w C: x o C ` m � 19 co c � o o a 2 m o _m °' U m C O N Q m Q FJ Ll Cl) M N m m d North Carolina Department of Natural and Cultural Resources State Historic Preservation Office Ramona M Bartos, Administrator Governor Pat McCrory Secretary Susan Kluttz Apri 126, 2016 Ahisa Harjuniemi Carolina Wetland Services 550 East Westinghouse Boulevard Charlotte, NC 28273 Office of Archives and History Deputy Secretary Kevin Cherry Re: Reconfigure Westinghouse Materials Site, 1625 East Westinghouse Boulevard, Charlotte, CWS 2016-3885, Mecklenburg County, ER 16-0630 Dear Ms. Harjuniemi: Thank you for your letter of April 6, 2016, concerning the above project. We have conducted a review of the project and are aware of no historic resources which would be affected by the project. Therefore, we have no comment on the project as proposed. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, contact Renee Gledhill -Earley, environmental review coordinator, at 919-807-6579 or environmental.review@ncdcr.gov. In all future communication concerning this project, please cite the above referenced tracking number. Sincerely, (1� wduLt- 6W Ramona M. Bartos Location 109 Past Jones Street, Raleigh NC 27601 Mailing Address 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax (919) 807-6570/807-6599 United States Department of the Interior FISH AND WILDLIFE SERVICE Asheville Field Office 160 Zillicoa Street Asheville, North Carolina 28801 April 22, 2016 Ms. Kelly Thames Carolina Wetland Services, Inc. 550 East Westinghouse Boulevard Charlotte, North Carolina 28273 Dear Ms. Thames: Subject: Westinghouse Materials Site Commercial Development Project; Charlotte, Mecklenburg County, North Carolina Log No. 4-2-16-370 The U.S. Fish and Wildlife Service (Service) has reviewed the information provided in your correspondence received April 13, 2016. We submit the following comments in accordance with the provisions of the Fish and Wildlife Coordination Act, as amended (16 U.S.C. 661-667e); the National Environmental Policy Act (42 U.S.C. §4321 et seq.); and section 7 of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531-1543) (Act). Project Description According to the information provided, your client is applying for a NWP 39 to reconfigure an existing 38 acre commercial development to increase its storage capacity and accessibility. Proposed impacts to jurisdictional waters were not specified in your correspondence, but you indicated that the proposed project would require the clearing of approximately 1.5 acres of wooded area. Federallv Listed Endangered and Threatened Species Your correspondence indicates that suitable summer roosting habitat may be present on site for the federally threatened northern long-eared bat (Myotis septentrionalis). Service records indicate the closest known occurrence is greater than 40 miles away and the habitat quality that may be impacted from the proposed project is relatively low. For these reasons, the amount and probability of take of this species that may result from the project is insignificant and discountable. Therefore, we would concur with a determination that the proposed project may affect, but is not likely to adversely affect northern long-eared bat. t According to the information provided in your correspondence and the Service's records, no other federally protected species occurs within the proposed project's impact area. Therefore, we consider the requirements under the Act to be fulfilled at this time and we require no further action. However, please be aware that obligations under section 7 of the Act must be reconsidered if: (1) new information reveals impacts of this identified action that may affect listed species or critical habitat in a manner not previously considered, (2) this action is subsequently modified in a manner that was not considered in this review, or (3) a new species is listed or critical habitat is determined that may be affected by the identified action. The Service offers the following recommendations in the interest of protecting fish and wildlife resources: Invasive Species You indicated that invasive plant species are present on site. We are concerned about the introduction and spread of these species in association with the proposed project. Without active management, including the revegetation of disturbed areas with native species, project corridors will likely be sources of (and corridors for) the movement of invasive exotic plant species. Exotic species are a major contributor to species depletion and extinction, second only to habitat loss. Exotics are a factor contributing to the endangered or threatened status of more than 40 percent of the animals and plants on the Federal List of Endangered and Threatened Wildlife and Plants (Wilcove et al. 1998). It is estimated that at least 4,000 exotic plant species and 2,300 exotic animal species are now established in the United States, costing more than $130 billion a year to control (Pimentel et al. 2000). Additionally, the U.S. Government has many programs and laws in place to combat invasive species (see www.invasivespecies.gov). Specifically, Section 2(a)(3) of Executive Order 13112 - Invasive Species (February 3, 1999) directs federal agencies to "not authorize, fund, or carry out actions that it believes are likely to cause or promote the introduction or spread of invasive species in the United States or elsewhere." Despite their short-term erosion -control benefits, many exotic species used in soil stabilization seed mixes are persistent once they are established, thereby preventing the reestablishment of native vegetation. Many of these exotic plants are also aggressive invaders of nearby natural areas, where they are capable of displacing already -established native species. Therefore, we strongly recommend that only species native to the natural communities within the project area be used in association with all aspects of this project. The Service appreciates your consideration of our comments and concerns. Please contact Mr. Byron Hamstead of our staff at 828/258-3939, Ext. 225, if you have any questions. In any future correspondence concerning this project, please reference our Log Number 4-2-16-370. Sincerely, - - original signed - - Janet A. Mizzi Field Supervisor Ec: David Schaeffer, USACE Asheville Regulatory Field Office References D.S. Wilcove, D. Rothstein, J. Dubow, A. Phillips, and E. Losos. 1998. Quantifying threats to imperiled species in the United States. BioScience 48:607-615. D. Pimentel, L. Lach, R. Zuniga, and D. Morrison. 2000. Environmental and economic costs of nonindigenous species in the United States. BioScience 50:53-65. Westinghouse Materials May 23, 2016 Pre -Construction Notification to Nationwide Permit No. 39 and WOC 3890 CWS Project No. 2016-3885 Photograph A. View of Perennial RPW Stream A, facing upstream. Photograph B. View of Perennial RPW Stream A. facing downstream. le Is r �s t\. m Westinghouse Materials May 23, 2016 Pre -Construction Notification to Nationwide Permit No. 39 and WOC 3890 CWS Project No. 2016-3885 Photograph E. View of Perennial RPW Stream B, facing upstream. Photograph F. View of Perennial RPW Stream B. facing downstream. A r •k,�� �• v �� � �. /4 ' �(•'> etc Iry .ic �� �• ::.. � , y ,para `�" ♦. . c.�'w�'i'1� _ "ham � �y,}�+! -�� _. , r,'Q=f � '„��.•,; �:;� X14W W- N At - 24 7. r Ar Photo,graph G. View ,of P. rennial RPW Stream C, facing upstream. . rz 40 � f \•' � a�%�� ` -• ,� .mow 1, �Y � _ ! , ,, � a^•'�'�' . � is �` ✓� � �' ` ��' "SFr°.� � - �s _�2'�' . �`{ , r ,�...� yr^ �M ,may, _ ♦^^,' ! � � �L`it � . ., - iii � ` •� /f t .... f {rte 1 e� 1 aL14 .. x '�. ,,. 1 ^�.. . '"� 1/ � a-` f. �K �1 • � k ., � .�G� R _. � _ _ � � - r r y � .. ' sA .f' t � . i� ! F a- i R y 1 -/ R 1 �� � � .f �. - a .� � 3' x '�. ,,. 1 ^�.. . '"� 1/ � a-` f. �K �1 • � k ., � .�G� R _. � _ _ � � - r r y � .. ' sA .f' t � . i� ! F a- i R y 1 -/ R 1 �� � � Excise Tax $3,000.00 FOR REGISTRATION JUDITH A GIBSON REGISTER OF DEEDS MECKLENBURG COUNTY, NC 2001 DEC 05 03 02 PM BOOK 12987 PAGE 487-492 FEE $16 00 1JC REAL ESTATE EXCISE TAX $3000 INSTRUMENT k 2001215589 Recording Time, Book and Page Tax Lot No. a portion of 205-221-01 Parcel Identifier No. _ Venfied by County on the _ day of by 2001 Mail after recording to William H. Cannon, Esq., 301 South McDowell Street, Suite 315, Charlotte, NC 28204 This instrument was prepared by Kennedy Covington Lobdell & Hickman, L.L.P. (EAP) Brief Description for the index approximately 403992 acres, Westinghouse Blvd., Charlotte, NC NORTH CAROLINA SPECIAL WARRANTY DEED THIS DEED made this day of GRANTOR Lance, Inc. Post Office Boz 32368-8600 Charlotte, North Carolina 28232-2368 2001, by and between GRANTEE Westinghouse Materials Company, LLC a North Carolina limited liability company 1015 E. Westinghouse Blvd. Charlotte, NC 28273 Enter in appropriate block for each party name, address, and, if appropnate, character of entry, e g, eotpomdon or partnership_ The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in Charlotte, Mecklenburg County, North Carolina, AS MORE PARTICULARLY DESCRIBED ON EXHIBIT A ATTACHED HERETO. BEING a portion of the property conveyed to Lance, Inc., by Deed recorded in Book 4167, Page 664 and in Book 7025, Page 386, in the Register of Deeds Office for Mecklenburg County, North Carolina. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covcnants with the Grantee, that Grantor has done nothing to impair such title as Grantor received, and Grantor will warrant and defend the title against the lawful claims of all persons claiming by, under or through Grantor, except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: Those matters set forth on EXHIBIT B attached hereto and incorporated herein by this reference. IN WITNESS WFIEREOF, the Grantor has hereunto set his hand and seal, or if corporate, has caused this instrument to be signed in its corporate narne by its duly authorized officers and its seal to be hereunto affixed by authority of its Board of Directors, the day and year first above written LAIKE, IN(I a North Carolina sonmration W;M; Ar�u Jl . tr— a . SEAL STAMP ,.......ti Ci. O. -=tt4TAR =� = 2LI •V The NORTH CAROLINA, h(WIQ0f0kfM COUNTY I -t x9vv- I, V-4. C I -W , the undersigned, a Notary Public of the County and State aforesax certify that V- N Personally came before me this day and acknowledged that he/she i .� !P of LANCE, INC., a North Carolina corporation, and that as )CLCR PYCs r 4Pn{ be,n authon=d to do so, executed the foregoing on behalf of the corp=tron. Witness my hand and official statrtp or seal, this 7� day of , 21X11. C Notary Public My commission expires. foregoing rl -1:;- DCSOL4 Certificate(s) is certified to be correct. This instrument and this certificate are duly registered at the date and time and in the Book and Page shown on the first page hereof. of REGISTER OF DEEDS FOR COUNTY By Deputy/Assistant-Register of Deeds. EXHIBIT A Lying and being in the City of Charlotte, Mecklenburg County, North Carolina, fronting Westinghouse Boulevard, and being more particularly described as follows: (All references herein are to records in the office of the Register of Deeds forMecklenburg County, North Carolina) BEGINNING at a 5/8 inch existing iron rod in the northerly margin of the right-of-way of Westinghouse Boulevard (70' public right-of-way), a corner of S.P. McGirt (now or formerly) as described in deed in Book 11176, page 377, being the southeast comer of the property conveyed to Lance, Inc. by deed from Dewitt L. Currie and wife recorded in Book 7025, page 386; thence from said BEGINNING point in a westerly direction with the northerly margin of the right-of- way of Westinghouse Blvd. with the arc of a circular curve to the left having a radius of 1076.74 an are distance of 460.31 feet, such arc being subtended by a chord of S. 83-54-18 W. 456.81 feet to a new iron rod; thence N. 57-17-58 W. 45.10 feet to a 2 inch existing iron rod at the common corner of two parcels of property of Lance, Inc. as described in deeds recorded in Book 4167, page 664 and in Book 4492, page 963; thence continuing with the common line between said parcels of Lance, Inc. N. 57-17-58 W. 612.72 feet to a point in the centerline of Kings Branch; thence with the centerline of Kings Branch and the line of property of Vulcan Lands, Inc. (now or formerly) as described in deed in Book 11147, page 600 in 19 calls as follows: (1) N. 69-37-57 E. 10.35 feet; (2) N. 13-46-04 W. 19.71 feet; (3) N. 27-29-07 E. 66.67 feet; (4) N. 08-17-12 E. 106.57 feet; (5) N. 39-14-57 E. 49.31 feet; (6) N. 24-10-25 E. 102.97 feet; (7) N. 33-17-06 E. 93.23 feet; (8) N. 20-55-55 W. 137.41 feet; (9) N. 10-41-15 E. 219.64 feet; (10) N. 06-02-00 E. 228.73 feet; (11) N. 68-29-09 E. 98.09 feet; (12) N. 50-14-04 E. 139.58 feet; (13) S. 72-18-59 E. 123.98 feet; (14) N. 84-43-21 E. 73.94 feet; (15) N. 27-06-55 E. 83.09 feet; (16) N. 08-38-49 W. 102.34 feet; (17) N. 84-55-30 E. 84.75 feet; (18) N. 23-41-33 E. 61.33 feet and (19) N. 62-49-03 E. 37.79 feet to a point; thence in a new line in three calls as follows: (1) S. 65-06-30 E. 47.56 feet to a new iron rod, (2) S. 68-11-00 E. 342.02 feet to a new iron rod; (3) S. 66-53-16 E. 299.51 feet to a new iron rod, a common corner of a parcel owned by Lance, Inc. as described in deed in Book 1931, page 188 and the Norris Family LP (now or formerly) as described in deed in Book 8865, page 926; thence with the line of the Norris Family LP S. 04-56-15 E. 125.31 feet to the common corner of the Norris Family LP and Rea Investment Partners (now or formerly) as described in deed in Book 8361, page 972; thence with the lines of Rea Investment Partners and J.C. Thomas (now or formerly) as described in deed recorded in Book 4999, page 637, S. 08-02- 40 E. 896.80 feet to an existing concrete monument; thence with the lines of Thomas and S.P. McGirt S. 71-50-27 W. 601.75 feet to an existing concrete monument; thence S. 20-26-40 E. 172.23 feet to the point or place of BEGINNING, containing 40.3992 acres, more or less, as shown on a plat of survey for Westinghouse Materials, LLC by R.B. Pharr & Associates dated 9/12/01 and being File No. W-2720. The property described above is a part of the land conveyed to Lance, Inc, by deeds recorded in Book 4167, page 664 and Book 7025, page 386, and is part of Mecklenburg Tax Parcel # 205-221-01. This parcel is conveyed together with a non-exclusive easement for use by Grantee of the existing asphalt drive serving the above described land, the entrance of which at Westinghouse Boulevard is located on property of Grantor and is shown on the plat of survey referred to above. Said easement shall be for access to the described property from Westinghouse Boulevard and be located as it now exists. Grantee shall have the sole responsibility to maintain the easement as it deems necessary. Grantor shall be entitled to terminate the easement at any time provided that, at its sole expense, it relocates the entrance to said drive to the land of Grantee. 2 EXHIBIT B Permitted Exceptions 1. Taxes, dues and assessments for the year 2001, and subsequent years, not yet due and payable. 2. Enforceable easements and restrictions of record. 3. Rights of upper and lower riparians in and to the use of the waters of Kings Branch, which branch is located generally along the westerly boundary line of the subject property. v v JUDITH A. GIBSON REGISTER OF DEEDS, MECKLENBURG COUNTY COUNTY & COURTS OFFICE BUILDING 720 EAST FOURTH STREET CHARLOTTE NC 28202 #Y#RHi#i!i•AiiNfRR#***RAifR#*RR#RR*##*##A##Ai*i##*#*R*A***iAR*}#AAAAN#A*A}A#A**###A**A#YYf#*#}iiif***AR#**}f#ARR}Rf*R Filed For Registration: Book: 12105/200103:02 PM RE 12987 Page: 487492 Document No,: 2001215589 DEED 6 PGS $16.00 NC REAL ESTATE EXCISE TAX: $3,000.00 Recorder: F. RAY BAKER JR. ilYAlRRA*#Af*RlfiiiAliii**RRRlilAR*ARA#Ai*itfiliiii*ii!!ii!!!i*i!i*iiifilAiiliii#1flliiiRliiiilfiliilAiii!##iifiiiMiiAi#i State of North Carolina, County of Mecklenburg The foregoing certificate of LAURA C. HUGHES Notary is certified to be correct. This STH of December 2001 JUDITH A. GIBSON, REGISTER OF DEEDS By:�O` Deputy/Assistant Register of Deeds Aii#ARfiilRRRARRRRRRiAR*lRRRlRRi#iiAYi#!•RRR}RRRRi!!lRAffM*i*iRR*iR#RA*iiRAAfi#iiiiRAHAiiARiiilRRf�iiNiiARIRRRRRiiIARA 2001216589