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HomeMy WebLinkAbout20170204 Ver 1_401 Application_20170217McGill A S S O C I A T E S February 14, 2017 Mr. David Brown US .Mny Corps of Engineers Asheville Regulatory Field Office 151 Patton Avenue. Room 208 Asheville, North Carolina 28801-5006 Dear Mr. Brown: 201 70204 RE: Project Bluebird FRC Pre -Construction Notification, NWP #39 Rutherford County, North Carolina On behalf of our client, Andale Inc. FKA, please find the enclosed Pre -Construction Notification (PCN) application for the referenced project dated February 14, 2017. The purpose of the project is to construct a security fence and access drive around the perimeter of the campus. A NNW -39 is requested to complete the proposed work. Please see the attached copy in the PCN application. Four copies of the PCN application are being provided to the North Carolina Department of Environmental Quality, Division of Water Resources along with the required fee (see attached check for $570). One copy of the PCN application is being provided to both the North Carolina Wildlife Resource Commission and the United States Fish and Wildlife Service. McGill Associates, P.A. is the Authorized Agent (form included) and should be copied on all project correspondence. Please let us know if you have any questions or comments. Sincerely, MCGILL CIATE , P.A. Jo . Vilas Proiram Services Manager- Environmental cc: NCDEQ - DWR Main Office Mr. Zan Price -Asheville Regional Office - NCDWR Ms. Andrea Leslie - North Carolina Wildlife Resources Commission Mr. Byron Hamstead - United States Fish and Wildlife Service Mr. John Mailler - Owner Representative Mr. Matthew Oetting, P.E. - Project Engineer H:'.Pmjects\2016 PROJECTS\16.01413 SHEEHAN PARTNERS - ProjLct Blue Bird Env i r o n m e n t a l P l a n n i n g F i n a n c e MCGill ,dSAM Idtr.N. I' A. • 40,1 ,Veit Market 81k it, Sle. B. Buunc. Aorth ('urnlinu 2,1'607 011ii,"I82h'1380-19:0 • Fa%. (,1' 8) 3,V6- 1923 Preliminary ORM Data Entry Fields for New Actions SAW — 2016 - BEGIN DATE [Received Date]: Prepare file folder ❑ Assign Action ID Number in ORM 1. Project Name [PCN Form A2a]: Project Bluebird FRC 2. Work Type: Private 7 Institutional ❑ Government Commercial 3. Project Description / Purpose [PCN Form 63d and 63e]: The project proposes construction of a security fence and access roads. 4. Property Owner/ Applicant [PCN Form A3 or A4]: Andale Inc. FKA 5. Agent / Consultant [PCN Form A5 — or ORM Consultant ID Number]: John C. Vllas, McGill Associates, P.A. 6. Related Action ID Number(s) [PCN Form 65b]: SAW -2011-00569 7. Project Location - Coordinates, Street Address, and/or Location Description [PCN Form 61b]: Latitude: 35.3158 Longitude: - 81.8231 8. Project Location -Tax Parcel ID [PCN Form B1a]: 155800722277, 155800616030, 155800814487 9. Project Location—County [PCN Form A2b]: Rutherford 10. Project Location — Nearest Municipality or Town [PCN Form A2c]: Forest City 11. Project Information — Nearest Waterbody [PCN Form 62a]: Second Broad River 12. Watershed / 8 -Digit Hydrologic Unit Code [PCN Form 62c]: 03050105 Authorization: Section 10 ❑ Section 404 7 Section 10 & 404 ❑ 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 Office Use Only: Corps action ID no. DWQ project no. Form Version 1.3 Dec 10 2008 Page 1 of 14 PCN Form — Version 1.3 December 10, 2008 Version Pre -Construction Notification (PCN) Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: ®Section 404 Permit El Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: 39 or General Permit (GP) number: 1 c. Has the NWP or GP number been verified by the Corps? ❑ Yes ® No 1 d. Type(s) of approval sought from the DWQ (check all that apply): ❑ 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ❑ Yes ® No For the record only for Corps Permit: ❑ Yes ® No 1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. ® Yes ❑ No 1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ❑ Yes ® No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ® No 2. Project Information 2a. Name of project: Project Bluebird FRC 2b. County: Rutherford 2c. Nearest municipality / town: Forest City 2d. Subdivision name: 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: Andale Inc FKA 3b. Deed Book and Page No. 1013/807 3c. Responsible Party (for LLC if applicable): Jay S. Park 3d. Street address: 1601 Willow Rd 3e. City, state, zip: Menlo Park, CA 94025 3f. Telephone no.: 3g. Fax no.: 3h. Email address: Page 1 of 14 PCN Form — Version 1.3 December 10, 2008 Version 4. Applicant Information (if different from owner) 4a. Applicant is: ❑ Agent ® Other, specify: Owner 4b. Name: 4c. Business name (if applicable): 4d. Street address: 4e. City, state, zip: 4f. Telephone no.: 4g. Fax no.: 4h. Email address: 5. Agent/Consultant Information (if applicable) 5a. Name: John C. Vilas 5b. Business name (if applicable): McGill Associates, P.A. 5c. Street address: 468 New Market Blvd. Ste. B 5d. City, state, zip: Boone, NC 28607 5e. Telephone no.: (828) 386-1920 5f. Fax no.: (828) 386-1923 5g. Email address: john.vilas@mcgillengineers.com Page 2 of 14 B. Project Information and Prior Project History 1. Property Identification Three tracts make up the Project Site — la. Property identification no. (tax PIN or parcel ID): GPIN: 1558007222770000; 1558006160300000; 1558008144870000 1 b. Site coordinates (in decimal degrees): Latitude: 35.3158 Longitude: - 81.8231 (DD.DDDDDD) (-DD.DDDDDD) 1c. Property size: 152.2 acres (total of three tracts, see Tax Map) 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to Second Broad River proposed project: 2b. Water Quality Classification of nearest receiving water: WS -V 2c. River basin: map is available at Broad hfp://h2o.enr.state.nc.us/admin/maps/ Page 3 of 14 PCN Form — Version 1.3 December 10, 2008 Version 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 Andale Data Center is a communications and proprietary social media facility specializing in data storage. The Andale site is located in the Town of Forest City of Rutherford County (refer to Location Map). Access to the Andale site is from Old Caroleen Road south of US Hwy. 74. The facility currently contains 3 large data storage buildings (FRC -1, FRC -2, FRC -3) with associated parking, drives, accessory structures and site utilities: 6 permanent wet detention ponds were previously designed and constructed to treat on-site stormwater for the full build -out condition. Jurisdictional waters within the Project Site include. UT -1 and UT -2 Second Broad River. UT -1 originates from an existing forested wetland seep on the western edge of the Andale property and flows east towards the currently developed area. Approximately 540 linear feet below the source this stream loses flow and other characteristics typical of ]urisdictional streams, most notably, there is a substantial amount of upland vegetation growing in the channel below this point (see JD report and supporting materials). Below this point UT -1 -Second Broad River is classified as ephemeral and non -jurisdictional. Approximately 480 linear feet below the source of UT -1 Second Broad River is an area of riparian wetlands (Unit WA). UT -2 Second Broad River originates from an existing forested wetland seep on the southern end of the property must to the west of building FRC -1 From this origin UT -2 flows north through two existing culverts then into an approx. 676 linear foot re-established perennial channel with associated buffer zones plantings etc (Previously permitted in 2011 Action ID. SAW -2011-00569) before reaching its confluence with UT -1. The Project Site includes a 53 I.f. section of UT -1 Second Broad River and a 61 I.f. section of UT -2 Second Broad River (refer to Proposed Impacts Map). Dwarf -flowered heartleaf (DFHL) populations were identified in 2011 during the planning stages for the existing facilities on the site: DFHL populations were placed into permanent conservation easements following coordination with USFWS (refer to Overall Existing Conditions Map). The general land use in the vicinity of the Project is a mixture of residential and farm related activity. US Hwy. 74 is a major transportation thoroughfare connecting Charlotte and Asheville. 3b. List the total estimated acreage of all existing wetlands on the property: Within the area of interest for this PCN there is approximately 0. 14 acres— includes Wetland Unit -WA, located in the Project Site, and a previously delineated wetland at the source of UT -1 Second Broad River (refer to Impacts Map) 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 540 I.f. of intermittent stream channel on UT -1 Second Broad River from its source to the point of non -jurisdiction. 2,270 I.f. of perennial stream channel on UT -2 Second Broad River from its source to its confluence with UT -1. 3d. Explain the purpose of the proposed project: The purpose of the proposed Project is to construct a high-grade security fence and gravel access road around the perimeter of the campus. Page 4 of 14 3e. Describe the overall project in detail, including the type of equipment to be used: The Applicant proposes to construct an approximately 12.572 Lf. security fence and approximately 8,800 Lf. of 10 foot wide gravel access drive. The security fence and drive will follow the perimeter of the FRC campus primarily on previously disturbed areas. The fencing location was designed to avoid wetlands, wooded areas, and conservation areas, however the crossing of UT -1 and UT -2 were unavoidable. The security fence will not obstruct the flow of the two tributaries. An approx. 42 If. 30" RCP is proposed for the crossing of UT -1, installed at 6" below the existing streambed to allow for the development of natural stream substrate and passage of aquatic organisms. An approx. 20 If. rip -rap erosion protection is proposed around the inlet and outlet section of the CMP. Rip -rap installed within the stream bed will be 'keyed in' to match existing stream bed elevations (see Plan Sheet C300.3). Dual, approx. 48 If. 60" RCP and 48" RCP are proposed for the crossing of UT -2. The 60" RCP will be installed at 12" below the existing streambed to allow for the development of natural stream substrate and passage of aquatic organisms and act as the main passage for UT -2. The 48" RCP will be installed at existing stream channel elevation to provide for flow during high water events. An approx. 24 If. ria -rap erosion protection is proposed around the inlet and outlet section of the CMP, with an additional approx. 10lf. of rip -rap protection along the right stream bank below the outlet end for additional protection. Rip -rap installed within the stream bed will be 'keyed in' to match existing stream bed elevations (see Plan Sheet C300.4). Proposed project actions will include temporary and permanent impacts to UT -1 Second Broad River. Stream impact S-1 (42 If. permanent impact) will result from installing the 42 If. 30" RCP. Stream impact S-2 (20 If. temporary impact) will result from the installation of rip -rap inlet and outlet protection. Proposed project actions will include temporary and permanent impacts to UT -2 Second Broad River. Stream impact S-3 (51 If. permanent impact) will result from installing the 48 If. 60" and 48" RCPs. Stream impact S-4 (24 If. temporary impact) will result from the installation of rip -rap inlet and outlet protection. (see Impacts Map). A pump -around or other flow diversion technique will be installed at both stream crossing areas prior to construction to ensure that all work occurs in the dry. A stainless steel security grate will be mounted within the inlet side of the 30" RCP and within both ends of the 60" RCP and 48" RCP. Security grates will be fastened into place to ensure that damage does not occur during high water events and maintained regularly to ensure that debris accumulation does not constrict or block flow (see Concrete Culvert Grill Detail). Following completion of grading, disturbed areas will be stabilized with temporary erosion control seed and over -seeded with a native seed mix suitable for riparian areas. A fully biodegradable erosion control mat will be installed along the channel banks_ susceptible to erosive flows, other disturbed areas will be covered with straw mulch. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project (including all prior phases) in the past? Comments: Scott Jones with the U.S. Army Corps of Engineers met with John C. Vilas of McGill Associates on- ® Yes ❑ No ❑ Unknown site to perform a jurisdictional verification on June 1, 2015. Preliminary approval was determined: see attached JD materials including Rapanos Forms, stream and wetland datasheets. An earlier delineation was performed in 2011 by S&ME for the initial development of the site. 4b. If the Corps made the jurisdictional determination, what type of determination was made? ®Preliminary E] Final 4c. If yes, who delineated the jurisdictional areas? Name (if known): John C. Vilas Agency/Consultant Company: McGill Associates, P.A. Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. Site visit June 1. 2015, no documentation received to date. Page 5 of 14 S. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? ® Yes ❑ No ❑ Unknown 5b. If yes, explain in detail according to "help file" instructions. During the initial phase of facility development, permanent impacts to 148 linear feet of stream associated with pipe installation, and temporary impacts to approximately 1,451 linear feet of stream associated with stream daylighting, restoration, enhancement and relocation work was completed on the site and permitted under NWP #39 and #27 (Action ID. SAW-2011-00569). Also, in 2015, 0.01 acres of temporary wetland impacts and 36 Lf. of temporary stream impacts associated with utility line installation was completed on site and permitted under NWP #12 (Action ID. SAW-2011- 00569)• 6. Future Project Plans 6a. Is this a phased project? ❑ Yes ® No 6b. If yes, explain. Two phases of data center construction have been permitted and completed in the past. The proposed security fence is a single and complete project. No future work is anticipated associated with the proposed security fence. Page 6 of 14 C. Proposed Impacts Inventory 1. Impacts Summary 1a. Which sections were completed below for your project (check all that apply): ® Wetlands ® Streams - tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. 2b. 2c. 2d. 2e. 2f. Wetland impact Type of jurisdiction number — Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact Permanent (P) or (if known) DWQ — non -404, other) (acres) Temporary T W1 ❑ P ❑ T Excavation Riparian ❑ Yes ❑ No ❑ Corps ❑ DWQ W2 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W3 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W4 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W5 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W6 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ 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. 3b. 3c. 3d. 3e. 3f. 3g. Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact number - (PER) or (Corps - 404, 10 stream length Permanent (P) or intermittent DWQ — non -404, width (linear Temporary (T) (INT)? other) (feet) feet) S1 ® P ❑ T Fill/Culvert UT -1 Second ❑ PER ® Corps 4 42 Broad River ® INT ❑ DWQ S2 ❑ P ®T Fill UT -1 Second ❑ PER ® Corps 4 20 Broad River ® INT ❑ DWQ S3 ® P ❑ T Fill/Culvert UT -2 Second ® PER ® Corps 2 51 Broad River ❑ INT ❑ DWQ S4 ❑ P ® T Fill UT -2 Second ® PER ® Corps 2 24 Broad River ❑ INT ❑ DWQ S5 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S6 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ 3h. Total stream and tributary impacts 137 3i. Comments: Stream impacts at S-1 and S-3 will be permanent fill as culverts totaling 93 Lf. Stream impacts S-2 and S-4 will be temporary impacts associated with flow diversion, culvert installation, and ria -rap protection totaling 44 Lf. Rip rap will be 'keyed in' within the stream beds to maintain existing stream bed elevations. Page 7 of 14 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individually list all open water impacts below. 4a. 4b. 4c. 4d. 4e. Open water Name of waterbody impact number — (if applicable) Type of impact Waterbody type Area of impact (acres) Permanent (P) or Temporary T 01 ❑ PEI T 02 ❑P❑T 03 ❑P 04 ❑P 0. Total open water impacts 4g. Comments: 5. Pond or Lake Construction If pond or lake construction proposed, then complete the chart below. 5a. 5b. 5c. 5d. 5e. Wetland Impacts (acres) Stream Impacts (feet) Upland Pond ID Proposed use or purpose (acres) number of pond Flooded Filled Excavated Flooded Filled Excavated Flooded P1 P2 5f. Total 5g. Comments: 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. 6a. ❑ Neuse El Tar -Pamlico ❑Other: Project is in which protected basin? ❑ Catawba ❑ Randleman 6b. 6c. 6d. 6e. 6f. 6g. Buffer impact number — Reason Buffer Zone 1 impact Zone 2 impact Permanent (P) or for Stream name mitigation (square feet) (square feet) Temporary T impact required? 131 ❑P❑T F1 Yes ❑ No B2 ❑P❑T L1 Yes ❑ No B3 ❑P❑T El Yes ❑ No 6h. Total buffer impacts 6i. Comments: Page 8 of 14 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. The proposed security fence was desioned to avoid jurisdictional areas and for the crossings of UT -1 and UT -2 to be as close to perpendicular as practical. Inlet and outlet rip -rap protection will be `keyed in' within the stream beds to match existing stream bed elevations. Culverts will be countersunk to allow passage of aquatic organisms and maintain natural stream substrate. No sediment and erosion control measures will be placed in wetlands or streams. Security fence alignment was designed to avoid impacts to existing dwarf -flowered heartleaf conservation areas and wetlands. b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. All work in jurisdictional waters will be completed in the dry utilizing a flow diversion technique. Site stabilization work in all disturbed areas within the Project Site will include use of native seed mixes to ensure native vegetation re-establishment. Work will be performed during dry site conditions and during normal stream flow. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? ® Yes ❑ No 2b. If yes, mitigation is required by (check all that apply): ® DWQ ® Corps 2c. If yes, which mitigation option will be used for this project? ❑ Mitigation bank ®Payment to in -lieu fee program ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type: Quantity: 3c. Comments: 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. ❑ Yes 4b. Stream mitigation requested: 241 linear feet 4c. If using stream mitigation, stream temperature: ❑ warm ® cool ❑cold 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: See attached letter from NCDMS. Page 9 of 14 PCN Form — Version 1.3 December 10, 2008 Version 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. 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 buffer mitigation? If Yes, you will have to fill out this entire form — please contact the State for more information. ❑ Yes ® No 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. Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (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 10 of 14 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1a. Does the project include or is it adjacent to protected riparian buffers identified ❑ 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 Comments: 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 0% 2b. Does this project require a Stormwater Management Plan? ❑ Yes ® No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: A stormwater management plan was completed for the full build -out of the entire project during the 2011 permitting process for the site. No increase in site imperviousness. Access drive will be gravel. 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: ❑ Certified Local Government 2e. Who will be responsible for the review of the Stormwater Management Plan? ❑ DWQ Stormwater Program ❑ DWQ 401 Unit 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? Rutherford County ❑ Phase II 3b. Which of the following locally -implemented stormwater management programs ❑ NSW ❑ USMP apply (check all that apply): ❑ Water Supply Watershed ® Other: None 3c. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ® No attached? 4. DWQ Stormwater Program Review ❑ Coastal counties ❑ HQW 4a. Which of the following state -implemented stormwater management programs apply ❑ ORW (check all that apply): ❑ Session Law 2006-246 ® Other: None 4b. Has the approved Stormwater Management Plan with proof of approval been attached? ❑ Yes ® No 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ❑ Yes ❑ No 5b. Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No Page 11 of 14 PCN Form — Version 1.3 December 10, 2008 Version F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1a. 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)? 1 c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval ❑ Yes ❑ No letter.) Comments: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ❑ Yes ® 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 ❑ Yes ® No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. No known additional development will be generated by the proposed project. 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. No wastewater associated with the proposed project. Page 12 of 14 PCN Form — Version 1.3 December 10, 2008 Version 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or ® Yes ❑ No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ® Yes ❑ No impacts? El Raleigh 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? U.S. Fish and Wildlife Service (USFWS) Endangered. Threatened, and Federal Species of Concern hftr)://www.fvvs.gov/raleigh/species/cntylist/rutherford.html In 2005 a Threatened and Endangered Species Assessment and an informal consultation with USFWS for Hexastylis naniflora was completed for the entire property prior to initial development activities. All known populations of H. naniflora were preserved through permanent conservation easements. A survey by McGill Associates. P.A. biologists on 12/15/16 did not find any H. 'naniflora present within the Drowsed project area. Bog turtle supporting habitat was not found in the project site. Based on USFWS Northern Long -Eared Bat Consultation Areas mapping for Rutherford County, the project area does not contain any known Northern Long -Eared Bat maternity trees or hibernation sites. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes ® No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? National Oceanic and Atmospheric Administration, National Marine Fisheries Service, Habitat Conservation and Protection Program. http://www.habitat.noaa.ciov/protection/efh/habitatmapper.html 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation ❑ Yes ® No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? North Carolina State Historic Preservation Office hftp://�Cqis.ncdcr.gov/hr)oweb/ The Alexander MFG. Company Mill Village Historic District is the nearest registered national historic place with a distance of 7.270 -feet from the western edge of the Andale property. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA -designated 100 -year floodplain? ® Yes ❑ No 8b. If yes, explain how project meets FEMA requirements: A portion of the proposed project corridor is located in areas of mapped FEMA floodplains. (Zone AE), along the Second Broad River (see Floodplain Map). Appropriate permits will be acquired through the City of Forest City and/or Rutherford County. No proposed impacts to waters of the US in the floodplain. Page 13 of 14 8c. What source(s) did you use to make the floodplain determination? North Carolina Floodplain Mapping Proaram http://fris.nc.00v/fds/index.aspx?FIPS=161 &ST=NC&user--General%o20Public There is approximately 650 linear feet of proposed security fencing and gravel access drive located within the 100 year floodplain of the Second Broad River (refer to Floodplain Mar)). John C. Was Applicant/Agent's Printed Name licant/Agent's Signature --� (Agent's signature ig valid only if an authorization letter from the applicant is provided.) Page 14 of 14 2/14/2017 Date 0mc ill A S S O C I A T E S AGENT AUTHO TION FORM PROJECT NAME: Andale Data Center PROJECT COUNTY: Rutherford PROPERTY LEGAL DE RIPTION: Tract 3 PB33 PG39 GPIN: 1558007222770000 MAP BLOCK LOT: 260116 PROPERTY ADDRESS: 404 Social Cirde Fongft M. NC 28043 Please Print JAV S. PA R K Property Owner/Rep tative: (If Representative) T e: VICE- 62 4 $I OENT The undersigned, regilsttered property owners of the above noted property, do hereby authorize (Contractor / Agent) (Name of consulting firm) i to act on my behalf a � d take all actions necessary for the processing, issuance and acceptance of this permit or certificaIlon and any and all standard and special conditions attached. Property Owner's/Rep�resentative's Address (if different than property above): Telephone: We hereby certify the above information submitted in this application is true and accurate to the best of our knowledo . Authorized Signature Date: J U tj G- , �_ - �D IS Date: Environmien tal • Planning Finance McGill A. siliate..•. P.A.• 46X New• Market Blvd. Ste. B, Boune, North Carolina 1X607 Of%ire: (X?X) 386-19111 • Fu.c: (828)386-1923 N os 0 1 Miles Sources: Esri, HERE, DeLorme, USGS, Intermap, increment P Corp-, NRCAN, S Esri Japan. METI, Esri China (Hong Kong), Esri (Thailand), TomTom, Mapmylndia, © OpenStreetMap contributors,-and the GIS User Community LOCATION MAP ANDALE DATA CENTERMcG1*11 AUG. 2, 2015 RUTHERFORD COUNTY: A S S O C I A T E S NORTH CAROLINA ENV IRON MENTAL •PLANN ING• FINANCE 468 NEW MARKET BLVD. s"rE. B BOONE, NC 28607 P11: (E28) 386-1920 •�� a- / •�C. _ �iJ I -` • � � � �, ASA ��wY i / �'� � "•- � �'v 00 �` ♦u/� .• ,, 9.,p J �1� s�t ff ` �• c t (�.,.r -- �. ate 7a-6- 1 FOp �' 1i J\ \� \� i mss•I 1 �h Kaeh� ayraJ; TY / �. �\ 1•., • f //11 j_ i� ( i Hfs9s,h CI C �/ � • J /�2-: / _ - � �,�.• � \\ - I 1 1, %t ° • ,D� i/.�� 1 � % _ -_ �'� �9 4" -: l� , . ' 1 � . 1, 1 (� i riC - . ,�� /�I, � 1 ��_ �,y.+tip � Ls '; %` �! �../ ! • NVT R�3'E-�? �t7 1 1" .�l �. t', �'}(f , •,�' t�h j ,pi �: � � , CR , r , _. �, , .1' •�'.- .., ,i• � � � �•.� ter' vi_,• �� '' � ., !�' a Sandpits OCO J� •� a�`� � / � l� V i ; � :.yam_'!• \ _•�� - \ ��,-• } +, ,i aisbnsai �� �, ,�, / i,` 1; goo OWL 6 06m SITC L Op ri cL �t'�' �• - � \- / 1 � r �- �"\`.. \ , �_ (•"yam-�''" , ��-`1J�: i. r \ a \ ��lIIIS i '� Y til is 1 < ',/ (\\� .� �`-. j'�L/ ,� _._/..\,ti't•�' 4.�1- ^ • )'7- Rh `�, �, �'�� f n-%, , t /tel_ , \ • � / /L. _-i • 600 l / �s. L, VAN 2,000 1,000 0 2,000 Feet S TOPOGRAPHIC MAP ANDALE DATA CENTER McG1*11 JUNE 12, 2015 RUTHERFORD COUNTY, NORTH CAROLINA A S S O C I A T E S ENGINEERING • PLANNING • FINANCE 468 New Market Blvd. Ste. B Boone, NC 28607 (828) 386-1920 LL) N co�U" PMMM■4 w z Q U Tax PIN: 1648867 I'• -'1.'^• GPIN: 1558007222770000 I-l;'.�•I +— z Owner: ANDALE INC FKA _ _ --- z ANDALE LLC~ 1601 'n�[LLO'n� RD Z z - MENLO DSA✓025 _ _ Property Address: 404/408 SOCIAL CIP 42,5H14 / , v Q 2 •••� j -- Acres:0. O kids No. of Bldgs: 5 Deed Sk/Pg: 1013.807 <y Deed Date::1;18./2010 Land Value: 51,172,500 I/: Z d Bldg. Value: $65,097,100 Total Value: 566,269,600 Neighborhood Code: I "' 1 544657 m Q z Neighborhood Des[.: FCC I ND,'GD Property Desc.: TRACT 3 P833 PG3914 \ O Map/Blk/Lot: 260 1 16P'•44„I `^ti f]C i Nbr Land Seg: 3 S Township Code: 04 1A4W7 Z z 1:44023 4234H! 1•,31:+-1 Forest Cfty L' LL W 16:31:.,2 42c•513 1•:-1+.'M•;' U O 1—r U O lir I��I��Cyi 161 ti2H2 � 1:.1:3 Q U41; [] O F-488-38 LY, T•, � � ' - LL) Tax PIN: 1648868 �` I!•4H+'” 1' ?5 Tax Q = O z GPIN: 1558006160300000 PIN: 1648869 z Owner: ANDALE INC FKA 1� GPIN: 1558008144870000 Owner. ANDALE Q ANDALE LLCId l2?? INC FKA 1601WILLOW kC MENLO GAR✓. Com. 94-025 GALE LLC 1501 'a'ILLO'n' RD Property Address: 1271 OLD CAROLEEN RD '•IEVLO PARK CA 94025 Property Acres: 18.1= 1,.4-;,6,, Address: 284/316 SOCIAL CIR No. of Bldgs: I W18 12,, 144fk 1I Acres: 72.22 Deed Bk P 1013/807 / g: 15 3.4 „ Na. of Bldgs: 7 IC..-NHI Deed Date: 11/18/2010 , Deed Bk/Pg: 1013/807 Deed Land Value: 5473,600 IG'?37!: ,,;3r .,, 1;255 Date: 11!18/2010 Bldg. Value: $24,800 +.ry• Land Value: $1,345,500 IC4741, g. Value: seS,658,500 Total Value: $498,400 Neighborhood Code: 1310 Is -'"12'1 101 61372 PA Total Value: $87 004,000 1°14'u1160432, � Neighborhood :TRA F I IND/GD Neighborhood Code: I310 C. G Property Lot:Des2 TRACT 1 P833 PG39 I Map/elk/Lot: 260 1 16 P r 1,1 . Source: Rutherford County, NC WebGIS. Neighborhood Desc.: FC IND!GO 1'• Property Desc.: TRACT 2 PB33 PG39 �_ Q N Nbr Land Seg: 3 Township Code: 0= NOT TP SCALE Rutherford County GIS Department 4 1i5v}147 `= MapJBlk/Lot: 260 1 17 A 13 1548.14 _ 1 +• •-a. Nbr Land Seg: 2 N X Township Code: Oa V Q PROJECT BLUEBIRD FRC S-1 MAP PROJECT # OMcGMIMPACT JANUARY 26, 2017 16.01413 RUTHERFORD COUNTY, A S S O C I A T E S NORTH CAROLINA ENVIRONMENTAL • FINANCE 469 NEW MARKET BLVD. STE B BOONE, NC 2967 PH. (929) 39GI920 PROPOSED SECURITY FENCING PROPOSED GRADINGy PROPOSED ACCESS ROAD PROPOSED 60" RCP 48 L.F. @3.13% INVERT TO BE INSTALLED 12" BELOW EXISTING STREAM BED � a i 2 SECONDOAD RIVER PROPOSED RIP RAP PROTECTION GRAPHIC SCALE 20 0 10 H PROPOSED RIP RAP PROTECTION It: IMPACT S-2 51' PERMANENT IMPACT: 24' TEMPORARY IMPACTS PROPOSED 48" RCP 48 L.F. @3.13% i I INCH = 20 FEET _ 1 PROJECT BLUEBIRD FRC eMcGMIMPACT S-2 MAP pROJECT# JANUARY 26, 2017 16.01413 RUTHERFORD COUNTY, A S S o C I A T G S NORTH CAROLINA ENVIRONMENTAL • FINANCE 468 NEW MARKET HLVU. SIE H H"E, NC 28607 PH. (828) 3861920 FLOODPLAIN MAP JANUARY 26, 2017 PROJECT # 16.01413 PROJECT BLUEBIRD FRC RUTHERFORD COUNTY, NORTH CAROLINA McGill ASSOCIATES ENVIRONMENTAL • FINANCE 468 NEW MARKET BLVD. SIE 8 BOONE, NC 28607 PN. (828) 3861920 XENON( EMT. 4e• HDPE IO MM. MONK — — — — — — — — — — — — — — \ \ \ \ \ \ — — — _ sTAu ERDSDN coNma MATING MN. nEv. em.aD \ \ \ \ \: \ 1 / / .) O AM Y K- xrDi— V. OR •`\ � _ — — �-�._. _.,.� 1 \ \ \ \ \ \ ENwAL) GIN u1raiEW OE�DAuPsDOPE 1� ounET_'HOL ERoaDN caxnroE %�'�.�_—. ` \ \ . \ \ / STiDCTNRE i0 NENWM NATTNC M eACNSLOPE —ENM51. 1. E.. l PEDNANEHr Paa ntv - eooso _ s D rn D �' — \ ` \ \ 1 '\ \ \ \ \ • • . • IQVRAY DePTH VAPoES \ \ 1 1 \ \ \ \ \ \ \ 2' TO EI' VELD VERIFY _I I 1 \1 \msTNroGI¢aYNWAArr YN' msTANTI-� BY ASS MWD WTALL YY.,] PAK us HiGHW Y NEW PROP. F. S. \ INV. OUT 803.00 POND 5OUTLET PIPE REPLACEMENT DETAIL PROP. RIP -RAP DISSIPATER ---___--- I \\ F\\ \ PROP. F.E.S. -- I \ \\ \\ \\I \\ xm --------- INV. IN 804.00 PROP. RIP -RAP DISSIPATER_ i�� ----- _._ ___ _.— LEGEND — / \ I _ PROP. Y.I. 0J7 /' / _ — _ — ' / �!' _-� l — — — �/ -\ \ \ \ PROPOSED EROSION CONTROL MATTING INSTALL OVER EXIST. `---,N �NpE�= .� _- STORM DRAN — — _ \ ____ / INROAT 816.00 \ \ - / \ PDS O PROPOSED PROTECTIVE DRAINAGE STRUCTURE .ems EXIST. HV. IN 807.00 \ / / ) / \ `® PROPOSED TEMPORARY SLOPE DRAINS PROP. INV. OUT 808.40 I �� / ( \ \ ao( / PROP. TELIP_ PROPOSED TEMPORARY DIVERSION DITCH 7 µCP -- a SILT FENCE F F E S ��F1�Yp1'A , \ —_� •'\ \\ \ `\ \ PROPOSED TEMPORARY SILT FENCE \ \ c I ! �_ f ! ! _. \ \ \\. LL '\ PROPOSED PERMANENT SEEDING � / / ats=— ♦3 I` $ � � \ \ Q PROPOSED STRAW WATTLE ; e / FD _esD_ \ J _ \ \ PDS — / - I / \ r ��! \ M. « PD' ro' PROPOSED PERMANENT MATTED dTCH/SWME PROPOSED UNITS OF DISTURBANCE RCP 284 LF. — X — R — [ — [ — PROPOSED FENCE TYPE I PROP. S4 !, \ / � \ 1 \ \ \ \ \ \ \ 1 \ \` '\ ��� PROPOSED FENCE TYPE II V \ \ \ \ It \ o \ _ 1 I I / 74 LF. 48• RCP -}— ANTI- COLLA \ \ \ W—�\\ \\ \\ � \\:�� II 111 I1 (SEE DETAIL�rs ¢i) I 9� GRADE TO PROVIDE POSITIVE DRAINAGEDOVINHILL (yJ A EAST. OUTLET CONTR\ ``\ _\\ \ \ \ \ \ \ S ` \ \ \ STRREMAINCTURE TO REMAIN \ \ \ 4dr \ \ \ 1 EXIST. NW94. V. T 700 � \ \ \ \ a53 \ \\�\\\ \x I 1 1 11 I \ 1 �11 POND V 1 �l ll� I I \ \\ INS ALL SECURITY GRATE \''\ '\ 7r\ \\ \\ \\ + \ 1 I \\ 1\ \''h\ /� 1 / \INV.793OF .00 PIPE \ \,\ �� SPECIAL �A \ PROP. RIP -RAP DISSIPATER \ ZONE AE _ EXIST CI 'TO REMAIN. NV. N 847.94-15• \\ \ \ \ \ 'T \\ 1\ 11 1 1 11 / / / / APPROX. LIMITS OF \ \ \ WV. IN T a33. -48'. J \ \ 1 1 1 1 1 1 `1 1 / / / $" I / I O'SFUBSAACRES \ ) \ V. WT 833.95 \ \ I 1\ \ \ i / / \ _— TO REMAIN \ II I 11 III \\I \\I II NCE — OP EXISTSTRUCTURE \ Rimae. for TOP 854.80 �Ip �� ♦ ? \ \ EI05T. INV. OUT 851.4) \ I � I � 1 � 1 I q \ I \ 1 � \ / / \ -\ `\ \ y%V/ ♦ �•\� ". \i I 1 1 11 I I I'I I 1 II I 11 %/ / I / ////� \ \ i%x�,v ♦♦ ' �\ @, \I I 1 II � 11 1 I 1'' II I % I I 1 / ,/ I /// ,� �/ / ////� \\ \ \.A I ",9°�WV ,. ♦♦ \\ ,,, II II 11'11 II �I 11 11 II'\\ II 11 X I U // // /// \\ // /' i==_/ \\ \ n1 \ / ` — / —,— / / _ CONSERVATION ♦ , F \ ® l I \ \ \`\ \ \\ , \� �/ / I ` \ EASEMENT ♦`^ \ 1\ 1\ \ \ �\ \ \, g �\\ �`t��i// / I \ / —\ (Do NOT DISTURB) \ \ \ EXIST. C.IT TOP 854.64, /' ♦ b° WV. IN 849.57 \ ( \ / ♦ 4 WV. OUT 849.57 \ \ \\\ �\ ,% ! —� 1 \ I \ 'REPLACE EAST. Y.I. {f TOP 'a.+a- \ \ \ ♦ \ I \ ypp' 1 \:� \WITH J.B. TOP AND ADJUST \\ \ 1 ¢ 1 L \ -.« ♦ , TO FINISHED GRADE \ \ \, I I 1IL ♦ ^ A I y EXIST, THROAT 855.00 v- \ \ I III V l 1V, 1 I PROP JB. TOP 81&40 ♦ 1\`. 1 / 1 !!EXIST. NV. IN 827.00 // I �G� 1 PROP.i/ EXIST OUT 82INV. IN 6600 !. Em T. C.I. I ! T �♦ \ \ \ `I� II 1 1 1 \ 1 \ \\ \ \ C TO REMAIN / ♦ \ \ \\ \ \ \ TOP 854.631 I 1 1 1 1 1 1 II,I PROP. TEMP. W V. IN 848.21 1 I 1' I I 1 SILT FENCE \ \ \ \ \ NV. OUT 848.10 PDS —1 WOO 000 WOO i R. R. r. r. a 1 1 § I SEE SHEETC300.4":` 1 \\ \\ ARCHITECT e�A�Ero H P312=r MEP ENGINEER ALFA "FrH SIRUCTXVL ENaNEFR PLES ASSOCL4TES STRUCTURAL CTUR ASENC1T Rt NPgs, u wma as�nyaaD � � r.. afar -an, WNO6GPEAR MCT oslund.and.assoc. CMl"eNdNEEF SCG INN .... f., . PROJECT PROJECT BLUEBIRD FRC 404 SOCIAL CIRCLE FOREST CITY, NC DWG. TITLE GRADING and ER ION ONT L PLAN SHEET 2 IvwLcImo: 19.01413 DWO MID. NNX. 0300.2 p ,,,. 1»11.....»T»N»s. „D. NiGtl1ECT EIEFN.11 PM1161& LTD .rWY..I.♦I..II.r. AEP EIgNEER ALFA SiRWRIFI�W��ENGINEM PECFVS A&SOCM CS STRUCTURAL ENGINEERS IAPIMC MG -t: oslund.and.assoc. I:, PLANNING F] �1V�cG1 PROJECT; PROJECT BLUEBIRD FRC 404 SOCIAL CIRCLE FOREST CITY, NC DWG. THE GRADING and EROSION CONTROL PLAN SHEET 3 DWG. MO' C300.3 0 .... ....... ... .... , ,,. PDS -'V \, � 1 I A 11 II II I II 1\ SEE SHEET C300.1 '� /� ><\ ' SEE SHEET C300.2 M ' O ' / M U' 855. S EAST. THROAT 00 I W W_ ' I'o PROP. U) I i W \ p ,1 POS ,'EAST NV. OUT 826.80 /♦ ' / PROP. 60" RCP 48 LF. O &135 L° E%. 24' EX. 24' RLP - / PROP. C.I. X31 INSTALL SECURITY GRATE W / TDP /' BOTH ENDS OF PIPE /i NV. IN 8M.36 (INVERT TO INSTALLED 12' IN "6 CONSERVATION I.--' DS (DO NOT DISTURB) N INV. OUT 846.36 BELOW EASnNG 5178:AM BED) / / / r PROP. :•PROP. C.I. 0 30 / TDP ,' , 1 ■!• W,,,mm O� Old O� OSI O� soms mwm� mmiiii I SEE SHEET ('300.7 ; _ -PDS 15' RCP. /INV. �' 4r OUT 84 WT 81].80 / RIP -RAP EROSION , / / / PROTECTION AROUND LEGEND \ PROPOSED ER09ON CONTROL MATnNG 52 L.f. O 2.12; / EX. / PDS O PROPOSED PROTECTIVE DRAINAGE STRUCTURE / c— PROPOSED TEMPORARY SLOPE DRAINS GRADE I /� ,(EX. C PROPOSED TEMPORARY DIVERSION DITCH / ,n if PROPOSED TEMPORARY SILT FENCE INV. IN 848.60-(/2B) INV. 809.50 - PROPOSED PERMANENT SEEDING C' \ Q 0 PROPOSED STRAW WATTLE Q A - ro.- FD-- PROPOSED PERMANENT MATTED DITCH/SWALE INV. OUT 819.50 / EX. EX Q �� - - - - - - - - - - PROPOSED LIMITS OF DISTURBANCE Q X— X— X— X— PROPOSED FENCE TYPE I 0 O� PROPOSED FENCE TWE 11 M ' O ' / M U' 855. S EAST. THROAT 00 I W W_ ' I'o PROP. U) I INV. OUT 849.80 , V 4; so OR ' bry� P W \ III U) POS ,'EAST NV. OUT 826.80 /♦ ' / PROP. 60" RCP 48 LF. O &135 -PDS E%. 24' EX. 24' RLP - / PROP. C.I. X31 INSTALL SECURITY GRATE W / TDP /' BOTH ENDS OF PIPE /i NV. IN 8M.36 (INVERT TO INSTALLED 12' IN "6 CONSERVATION I.--' DS -10 °cP/NL W ..� ; PROP. 15' RCP II 1 1 1 pp \ It L.F. O 2.50%,y PDS REPLACE EAST. Y.I. /T TOP I /\ g. n _ �N�TH J.B. TOP AND ADJUST POS ' PROP. C.I. /2B / N / TO FINISHED GRADE ,•,'� / TOP $53.80 O 855. S EAST. THROAT 00 I p' I'o PROP. S 15' RCP INV. OUT 849.80 , V 4; so OR ' bry� P PROP. J.B. TOP 852.40 I EAST. NV. IN 82].00 / I PROP. NV. IN 846.09 \ 50 L.'-,* 1.405 r POS ,'EAST NV. OUT 826.80 /♦ ' / PROP. 60" RCP 48 LF. O &135 -PDS E%. 24' EX. 24' RLP - / PROP. C.I. X31 INSTALL SECURITY GRATE W / TDP /' BOTH ENDS OF PIPE NV. IN 8M.36 (INVERT TO INSTALLED 12' IN "6 CONSERVATION I.--' DS (DO NOT DISTURB) N INV. OUT 846.36 BELOW EASnNG 5178:AM BED) / t• / r PROP. :•PROP. C.I. 0 30 / TDP ,' , 1 ■!• W,,,mm O� Old O� OSI O� soms mwm� mmiiii I SEE SHEET ('300.7 ; _ -PDS 15' RCP. /INV. �' 4r OUT 84 WT 81].80 / RIP -RAP EROSION , / / / PROTECTION AROUND R. I 52 L.f. O 2.12; / EX. JB /S ADJUST TOP TO FINISH END OF WE / Q&• GRADE I /� ,(EX. APPROX 852.65 SOLID TOP / TOP APPROX 857.30) ' / ,n if // // / PROP. INV. IN 848.60-(/2B) INV. 809.50 - C' \ TOP i53PROP/CI50 / / 4E INV. N 1830 40-(jR(�{'CLASS V) / �� INV. OUT 819.50 / EX. EX NV. IN 828.40-(36'C1A55 V) NV. 810.50 NV. OUT 826.20-(36'CLA55 V) I .. PROP. TEMP. SILT FENCE EXISTING I n TREE UNE \;tC INV. 807.00 ' 1\ \ II I PROP. TREE / 1 UNE / / \ I I 1 INSTALL RW -RM /^�) I 1; / DISSIPATER AND EROSION PROTECTION I I ON CHANNEL BANK INV. 508.00 PROP. TEMP. \ I^ � r _ SILT FENCE PDSEX. J.B. OR ADJUST TOP/./ - - -� - PDS I TO FINISH GRADE APPROX. / / _ / - / NSTAF.E.S. AND y� NN- / 0 /654- 5 SOLID lOP / i - 3- / / - - _ - - / /' RIP-RLLAP DISSIPATER / y / (EX. 70P APPRO%. SS5.70) / b- s.+i / / / i - _ - - - / / /' ON EN / EX Y.I. W ADJUST TOP / /. / % JURISDICTIONAL - - - - / / PROP. 48' RCP 48 // ♦ ,TO FNISH GRADE APPROX. / / / /'sTREAu CHANNEL' / INSTALL SECURITY GRATE ON POs 855.80 SOLID TOP / i 6OTN ENDS OF PIPE / o <>' / l I' / (DO NOT DISTURB) / +` ♦ / d (EX. TOP APPROX. 955.00) '10 7 J*i ♦♦♦ ALI. / / / / /rr — / /' // /� //// /'/ —_--ago--�'/ /' / E'��<.r.,�;r+a'G''"./ / // //// // /'°� /._—_—i / // �♦♦ � \\ a�— '41P —— LLI APPROX. UMITS OF \ DISTURBANCE - / 1 {. �'� �/. / / / �/ / ... W 26.85 ACRES ff • �10 i/ a ;�♦ I / // ;� I � �� / ! Ili � \\ � � ♦ \ \ / `` / /' /' ♦ / ®� / / /� STREW CHANNEL �� yjfjyr I A 1 // / "i / I PROP. TEMP /.�/ //(DO NOT DISTURB) _- - \ ; *� ,�►; ,/' ; y! ♦ SILT FENCE I ♦� ,� v \ / SHORTEN EAST. / lo�STORM DRAIN TO I / - / /'ALLOW PLACEMENT OF FILL SLOPE I 1 I / I li I PROP. DITCH RAP ata I Room �m- 0J• 11m,X r 1111 ■T■f ■� ■1� i SEE SHEET C300.6 1 Old / FOREST CITY / ./ . / / / \ `'.• SEWER PUMP - STATION CONSERVATION (DO NOT DISTURB) ■!• W,,,mm O� Old O� OSI O� soms mwm� mmiiii I SEE SHEET ('300.7 ; QhNER ARG11'ECT BNEEKAN PARTNERS, LTD ■cNYc4.. <.4.rlor. e H MEPENONEER ALFATECH smP6ucT//U��RuryryDKinEER STRUCTURAL ENGINEERS IP44 T..4 w py■�, a Nene IMyFT�lA r Is-w�-ml IANOECAPE MCHTECT oslund.and.assoc. CML FNGNEER MPCQ ENGINEERING PLANNING•FINANCE 1TTT� � ou�vGm�acrc±rrTmann LFTnnaTT PROJECT: PROJECT BLUEBIRD FRC 404 SOCIAL CIRCLE FOREST CITY, NC DWG. TITLE RADIN and EROSI N ONTR L PLAN SHEET 4 . 16Dula DWG. NO, �. C300A 0:.I. I.I.... P ...... ,. ,IP tK I I'1 \ \TNNIR Elio. RIIIIIIII11INW . C' \ QhNER ARG11'ECT BNEEKAN PARTNERS, LTD ■cNYc4.. <.4.rlor. e H MEPENONEER ALFATECH smP6ucT//U��RuryryDKinEER STRUCTURAL ENGINEERS IP44 T..4 w py■�, a Nene IMyFT�lA r Is-w�-ml IANOECAPE MCHTECT oslund.and.assoc. CML FNGNEER MPCQ ENGINEERING PLANNING•FINANCE 1TTT� � ou�vGm�acrc±rrTmann LFTnnaTT PROJECT: PROJECT BLUEBIRD FRC 404 SOCIAL CIRCLE FOREST CITY, NC DWG. TITLE RADIN and EROSI N ONTR L PLAN SHEET 4 . 16Dula DWG. NO, �. C300A 0:.I. I.I.... P ...... ,. ,IP MIL-HDBK-1013/10 Figure 4 (note that the removable grate is locked in place as an added security measure). R•MI repo Lr' (•.8m) eeund w. ►6IdW At All dAKti* M Figure 2. Steel Culvert Grill. COOC'Me PI • • L•" Memo Aftind eva •eltO o- power Wald" At Al l o-lNn PIM junct iOti Figure 3. Concrete Culvert Grill. 13 35° 19'14'N 35" 1935"N 3 Soil Map—Rutherford County, North Carolina 3 a w m m 424200 424300 424400 424500 424600 424700 424800 424900 425000 425100 425200 425300 425400 425500 425600 425700 4258W 425900 3 Map Scale: 1:8,420 if printed on A landscape (11"x8.5") sheet oelem N 0 100 200 400 600 N A0 400 800 1600 2400 Map projection: Web Mercator Comer coordinates: WGS84 Edge tics: UTM Zone 17N WGS84 usDA Natural Resources Web Soil Survey Conservation Service National Cooperative Soil Survey 426000 3 0 6/12/2015 Page 1 of 3 35° 18'35"N Soil Map—Rutherford County, North Carolina MAP LEGEND MAP INFORMATION Area of Interest (AOI) Spoil Area The soil surveys that comprise your AOI were mapped at 1:24,000. Area of Interest (AOI) o. y Ston Spot Warning: Soil Map may not be valid at this scale. Soils Soil Map unit Polygons !_.;, Very Stony Spot Enlargement of maps beyond the scale of mapping can cause Wet Spot misunderstanding of the detail of mapping and accuracy of soil line . 0 Soil Map unit Lines placement. The maps do not show the small areas of contrasting 13 Soil Map Unit Points Other soils that could have been shown at a more detailed scale. Special Line Features Special Point Features Please rely on the bar scale on each map sheet for map U Blowout Water Features measurements. Streams and Canals Borrow Pit Source of Map: Natural Resources Conservation Service Clay Spot Transportation Web Soil Survey URL: http:/twebsoilsurvey.nres.usda.gov +-+-4 Rails Coordinate System: Web Mercator (EPSG:3857) Closed Depression Interstate Highways Maps from the Web Soil Survey are based on the Web Mercator Gravel Pit US Routes projection, which preserves direction and shape but distorts distance and area. A projection that preserves area, such as the „ Gravelly Spot Major Roads Albers equal-area conic projection, should be used if more accurate Landfill calculations of distance or area are required. Local Roads J,, Lava Flow Background This product is generated from the USDA-NRCS certified data as of the version date(s) listed below. Marsh or swamp . Aerial Photography Soil Survey Area: Rutherford County, North Carolina Mine or Quarry Survey Area Data: Version 15, Sep 10, 2014 Miscellaneous Water Soil map units are labeled (as space allows) for map scales 1:50,000 Perennial Water or larger. Rock Outcrop Date(s) aerial images were photographed: Oct 22, 2010—Apr 30, Saline Spot 2011 Sandy Spot The orthophoto or other base map on which the soil lines were compiled and digitized probably differs from the background _t�e.Severely Eroded Spot imagery displayed on these maps. As a result, some minor shifting of map unit boundaries may be evident. Sinkhole Slide or Slip Sodic Spot USDA Natural Resources Web Soil Survey 6/12/2015 Conservation Service National Cooperative Soil Survey Page 2 of 3 Soil Map—Rutherford County, North Carolina Map Unit Legend Rutherford County, North Carolina (NC161) Map Unit Symbol Map Unit Name Acres in AOI Percent of AOI BuB Buncombe loamy sand, 0 to 5 7.1 4.7% percent slopes, occasionally flooded Pb132 Pacolet-Bethlehem complex, 2 8.3 5.6% to 8 percent slopes, moderately eroded PbC2 Pacolet-Bethlehem complex, 8 23.6 15.7% to 15 percent slopes, moderately eroded PbD2 Pacolet-Bethlehem complex, 36.3 24.3% 15 to 25 percent slopes, moderately eroded UdC Udorthents, loamy, 0 to 15 59.4 39.7% percent slopes Ur Urban land 12.1 8.1% W Water 2.9 1.9% Totals for Area of Interest 149.7 100.00/0 SNatural Resources Web Soil Survey 6/12/2015 Conservation Service National Cooperative Soil Survey Page 3 of 3 Mitigation services ENVIRONMENTAL OUALITV Jay S. Park Andale Data Center, FKA 1601 Willow Road Menlo Park, CA 94025 Project: Project Bluebird FRC ROY COOPER MICHAEL S. REGAN February14, 2017 Expiration of Acceptance: August 14, 2017 County: Rutherford 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/CAMA 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 on the DMS website. Based on the information supplied by you in your request to use the DMS, the impacts for which you are requesting compensatory mitigation credit are summarized in the following table. The amount of mitigation required and assigned to DMS for this impact is determined by permitting agencies and may exceed the impact amounts shown below. Impact River Basin CU Location (8 -digit HUC) Stream (feet) Wetlands (acres) Buffer I (Sq. Ft.) Buffer II (Sq. Ft.) Cold Cool Warm Riparian Non-Ri arian Coastal Marsh Broad 03050105 1 0 241 0 0 0 0 0 0 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 02B .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. cc: Jon Swaim. agent FOR tAB Stanfill anagement Supervisor State of North Carolina Environmental Quality Mitigation Services 1652 Mail Service Center I Raleigh. NC 27699-1652 217 W. Jones Street, Suite 3000 919 707 8976 T user manuai version za INSTRUCTIONS: Attach a sketch of the assessment area and photographs. Attach a copy of the USGS 7.5 -minute topographic quadrangle, and circle the location of the stream reach under evaluation. If multiple stream reaches will be evaluated on the same property. Identify and number all reaches on the attached map, and Include a separate form for each reach. See the NC SAM User Manual for detailed descriptions and explanations of requested information. Record in the "Notes/Sketch" section 9 any supplementary measurements were performed. See the NC SAM User Manual forexamples 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 I SITE INFORMATION: 1. Project name (if any): PROJECT BLUEBIRD FRC 2. Date of evaluation: 1-17-2017 3. Applicant/owner name: ANDALE INC, FKA 4. Assessor name/organization: JON SWAIM, MCGILL AS CIATES 5, County: Rutherford 6. Nearest named water body 7. River Basin: Broad on USGS 7.5 -minute quad: 2nd Broad River 8. Site coordinates (decimal degrees, at lower end of assessment reach): 35.317273, 81.821678 STREAM INFORMATION: (depth and width can be approximations) 9. Site number (show on attached map): 1 10. Length of assessment reach evaluated (feat): 150, 11. Channel depth from bed (in We, if present) to top of hank (feet): 1.5 r- Unable to assess charm depth. 12. Channel width at lop of bank (feet): 2.5 r r 14. Feature type: t: Perennial flow Intermittent flow r STREAM RATING INFORMATION: 15, NC SAM Zone: r Mountains (M) Piedmont (P) t' Inner Coastal Plain (1) r Outer Coastal Plain (0) 16. Estimated geomorphic \ J valley shape (skip for r: a -tip r b Tidal Marsh Stream): (more sinuous stream, flatter valley slope) (less sinuous stream, steeper valley slope) 17. Watershed size: (skip r Size 1 (< 0.1 mil°) r Size 2 (0.1 to < 0.5 mr) r Size 3 (0.5 to < 5 ml`) r-' Size 4 (>_ 5 miz) for Tidal Marsh Stream) ADDITIONAL INFORMATION: 1E. Were regulatory considerations evaluated? R Yes r- No If Yes, check all that appy to the assessment area. (-Section 10 water i Classified Trout Waters r- Water Supply Watershed ( r I r II r- III r IV r A r- Essential Fish Habitat r Primary Nursery Area r- High Quality Watars/Outstanding Resource Waters r Publicly owned property f NCDWR riparian buffer rule in effect r- Nutrient Sensitive Waters f- Anadromous fish f 303(d) List r CAMA Area of Environmental Concern (AEC) 1" Documented presence of a federal andlor state listed protected species within the assessment area. List species: i Designated Critical Habitat (list species): 19. Are additional stream inlonnallaWsupplementary measurements included In "No ketch" section or attache • Yes No 1. Channel Water -assessment reach metric (skip for Size 1 streams and Tidal Marsh Streams) r: A Water throughout assessment reach. r B No flow, water in pools only. r C No water In assessment reach. 2. Evidence of Flow Restriction - assessment reach metric G- A At least 10% of assessment reach In -stream habitat or difle-pool sequence is adversely affected by a flow restriction gr fill to the point of obstructing flow gLa channel choked with aquatic macrophyles 2f ponded water gl Impounded on flood or ebb within the assessment reach (examples: undersized or perched culverts, causeways that constrict the channel, tidal gatesi. r B Not 3. Feature Pattern - assessment reach metric r A A majority of the assessment reach has altered pattern (examples: straightening, modification above or below culvert). r B Not A. 4. Feature Longitudinal Profile- assessment reach metric r- 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). r B Not A 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, gablon, rip -rap), r A < 10% of channel unstable r: B 10 to 25% of channel unstable r, C > 25% of channel unstable 8. Streamside Area Interaction - streamakde area metric Consider for the Left Bank (LB) and the Right Bank (RB). LB RB T A is A Little or no evidence of conditions that adversely affect reference interaction r B r B Moderate evidence of conditions (examples: berms, levees, down -cutting, aggradation, dredging) that adve sely affect reference interaction (examples: limited streamside area access, disruption of food flows through streamside area, leaky or intermittent bulkheads, causeways with floodplain constriction, minor ditching [including mosquito ditching)) C rC Extensive evidence of conditions that adversely affect reference interaction (111119 to no floodplaWintertidal zone access [examples: causeways with floodplain and channel constriction, bulkheads, retaining walls, fill, stream Incision, disruption of flood flows through streamside area] g_r too much floodplaintintertidal zone access (examples: impoundments, intensive mosquito ditching)) or floodplainnnterfldal zone unnaturally absent gr assessment reach is a man-made feature on an Interstream divide 7. Water Quality Stressors -assessment reachlinterticial zone metric Check all that appy. A Discolored water in stream or intertidal zone (milky white, blue, unnatural water discoloration, oil sheen, stream foam) r 8 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 r D Odor (not including natural sulfide odors) E Current published or collected data Indicating degraded water quality in the assessment reach. Cite source in the "Notes/Sketch" section. F Livestock with access to stream or intertidal zone G Excessive algae in stream or intertidal zone F H Degraded marsh vegetation in the intertidal zone (removal, burning, regular mowing, destruction, etc.) r I Other. (explain in "Notes/Sketch" section) J Little to no stressors 8. Recent Weather -watershed metric 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. r' A Drought conditions and no rainfall or rainfall not exceeding 1 inch within the last 48 hours r 8 Drought conditions and rainfall exceeding 1 inch within the last 48 hours r^ C No drought conditions 9 Large or Dangerous Stream - assessment reach metric r' Yes (- No Is stream is too large or dangerous to assess? If Yes, skip to Metric 13 (Streamskts Area Ground Surface Condition). 10. Natural In-stmam Habitat Types -assessment reach metric 10s. r; Yes r' 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-rapl, 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) r A Multiple aquatic macrophytes and aquatic mosses W r F 5% oysters or other natural hard bottoms (include liverworts, lichens, and algal mats) E f G Submerged aquatic vegetation P B Multiple sticks and/or leaf packs and/or emergent in -b r H Low -tide refugia (pools) vegetationx G r I Sand bottom I C Multiple snags and logs (including lap trees) r J 5% vertical bank along the marsh I✓ D 5% undercut banks and/or root mats and/or roots U � - K Little or no habitat in banks extend to the normal wetted perimeter I E little or no habitat REMAINING QUESTIONS ARE NOT APPLICABLE FOR TIDAL MARSH STREAMS 11. Bedform and Substrate - assessment reach metric (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams) 11 a. r-_ Yes r No Is assessment reach in a natural sand -bed stream? (skip for Coastal Plain streams) 11 b. Bedform evaluated. Check the appropriate box(es). i✓ A Riffle -run section (evaluate 11c) t✓ B Pool-gfids section (evaluate 11d) r C Natural bedform absent (skip to Metric 12, Aquatic Life) 11 c. In dits 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 5 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 (: r I- Bedrock/saprolte c: r C r- Boulder (256 - 4096 mm) (' r: (- Cobble (64 - 256 mm) - r r• (- Gravel (2 - 64 mm) C' ,: t r Sand (.062 - 2 mm) ,: r' r Silt/day (c 0.062 mm) r r r' r' r' Detritus r r. r- r v^ Artificial (rip -rep, concrete. etc.) 11 d r Yes 4 No Are pools filed with sediment? (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams) 12. Aquatic Life - assessment reach metric (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams) 12a. ! Yes r- No Was an ir"tream aquatic life assessment performed as described in the User Manual? If No, select one of the billowing reasons and skip to Metric 13. r No Water r, Other: 12b. r: Yes C No Are aquatic organisms present in the assessment reach (look in riffles, pods, Men snags)? If Yes, check all that apply. If No, skip to Metric 13. 1 >t Numbers over cokxnns refer to 1ndividuais' for size 1 and 2 streams and 'taxa' for size 3 and 4 streams. r Aduflfrogs I" Aquatic reptiles i Aquatic macrophytes and aquatic mosses (include liverworts, lichens, and algal mats) Beetles (including water pennies) l% Caddiefly larvae (Trichoptera (r)) F r Asian clam (Corblcula ) r Crustacean(Isopodlamphipod/crayffsh/shrimp) I Damselfly and dragonfly larvae r r Dipterans (true flies) 17- Mayfly larvae (Ephemeroptere (E)) F r- Megaloptera (alderly, fishfty, dobsonfly larvae) i r- Midges/mosquito larvae F_ r Mosquito fish (Gambusm) or mud minnows (Umbra pygmeea) r- r Mussels/Clams (not Corbicula ) R Other fish r fi Salamanders/tadpoles r r Snails r l" Stonefly larvae (Piecopters (P)) f r Tipulid larvae r r WormsAeeches 13. Streamside Area Ground Surface Condition - streamside area metric (skip for Tidal Marsh Streams and B valley types) Consider for the Lek Bank (LB) and the Right Bank (118). Consider storage capacity with regard to both overbank flow and upland runoff. LB RB f'" A 4: A Little or no alteration to water storage capacity over a majority of ft streamside area (: B r' B Moderate alteration to water storage capacity over a majority of the streamside area r- C r C Severe atleretlon to water storage capacity over a majority of the streamside area (examples Include: 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 r A Majority of etreamside area with depressions ableto pond water t 6 inches deep r' B r B Majority of streamside area with depressions able to pond water 3 to 6 Inches deep ri C (: C Majority of streamside area with depressions able to pond water < 3 inches deep 15. Welland 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 r Y Are wetlands present in the streamside area? N (-* N 16. Baseflow, Contributors - assessment reach metric jakip for adze 4 streams and Tidal Marsh Streams) Check all contributors within the assessment reach or within view of and draining to the assessment reach. r- A i C r- = __ I- E W F None of the above 17, Baseflow Detractors - assessment area metric (skip for Tidal Marsh Streams) Check all that appy. r A Evidence of substantial water withdrawals from the assessment reach (includes areas excavated for pump installation) i B Obstruction not passing flow during low flow periods affecting the assessment reach (ex: watertight dam, sediment deposit) I✓ C Urban stream (z 24% impervious surface for watershed) I✓ D Evidence that the stream -side area has been modified resulting in accelerated drainage into the assessment reach I- E Assessment reach relocated to valley edge r- 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) r B Degraded (example: scattered trees) r' 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 C A C A r A (- A i 100 -feet wide or extends to the edge of the watershed B (: B r B r B From 50 to a 100 -feet wide r C (" C (: C To C From 30 to < 50 -feet wide r- D r D (' D r' D From 10 to < 30 -Feet wide r E r- E E r" 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 RS r A r A Mature forest r B ( B Non -mature woody vegetation gr modified vegetation structure C f: C Herbaceous vegetation with or without a strip of trees < 10 feet wide r- D r D Maintained shrubs (- E E Little or no vegetation 21. Buffer Streasons - 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). N none of the following stressors occurs on either bank, check here and skip to Metric 22: , Abuts < 30 feel 30-50 feet LB RB LB RB LB RB r A r A A r A r A e- A Row crops r B (-' B (' B (-8 (:B IT B Maintained turf C r C r C r C r C r C Pasture (no Iivestockyoommercial horticulture (` D r D r' D (_ D D r- 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 stern density C r- 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 Duffer 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. r: 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 - First 100 feet of 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 t 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 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 gr 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-charactenslic species or communities inappropriately composed of a single species or no vegetation. 25. Conductivity - assessment reach metric (skip for all Coastal Plain streams) 25a. r Yes • No Was a conductivity measurement recorded? If No. select one of the following reasons. � No Water : Other: No Conductivity meter available. Notes/Sketch: NC SAM Stream Rating Sheet Accompanies User Manual Version 2.1 Stream Site Name PROJECT BLUEBIRD FRC Stream Category Mal Notes of Field Assessment Form (YM) Presence of regulatory considerations (Y/N) Additional stream information/supplementary measurements included (Y/N) NC SAM feature type (perennial, intermittent, Tidal Marsh Stream) Date of Evaluation 1-17-2017 Assessor Name/Organization SWAIM, MCGILL ASSOCl/ NO NO YES Perennial NCDWR Intermittent USACE/ Function Class Rating Summary All Streams (1) Hydrology MEDIUM (2) Baseflow LOW (2) Flood Flow HIGH (3) Streamside Area Attenuation HIGH (4) Floodplain Access HIGH (4) Wooded Riparian Buffer MEDIUM (4) Microtopography MEDIUM (3) Stream Stability MEDIUM (4) Channel Stability MEDIUM (4) Sediment Transport MEDIUM (4) Stream Geomorphology MEDIUM (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 LOW (2) Streamside Area Vegetation LOW (3) Upland Pollutant Filtration LOW (3) Thermoregulation MEDIUM (2) Indicators of Stressors NO (2) Aquatic Life Tolerance MEDIUM (2) Intertidal Zone Filtration NA (1) Habitat LOW (2) In -stream Habitat LOW (3) Baseflow LOW (3) Substrate MEDIUM (3) Stream Stability MEDIUM (3) In -stream Habitat MEDIUM (2) Stream -side Habitat LOW (3) Stream -side Habitat MEDIUM (3) Thermoregulation LOW (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 Habitat NA Overall LOW NO NO YES Perennial NCDWR Intermittent User alaeYal VeMIOrl A.1 INSTRUCTIONS: Attech 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. ff multiple stream reaches will be evaluated on the same property, identify and number all reaches on the attached map, and Include a separate form for each reach. See the NC SAM User Manual for detailed descriptions and explanations of requested information. Record in the'Notes/Sketch" section if any supplementary measurements were performed. See the NC SAM User Manual for examples of additional measurements that may be relevant. NOTE EVIDENCE OF STRESSORS AFFECTING THE ASSESSMENT AREA (do not need to be within the assessment area). PROJECT I SITE INFORMATION: 1. Project name Of any): PROJECT BLUEBIRD FRC 2. Dale of evakiation: 1-17-2017 3. Applcantlowner name: ANDALEINC.FKA 4. Assessor name/organization: JON W IM, MCGILL ASSOCLA 5. County: Rutherford 6. Nearest named water body 7. River Basin: Broad on USGS 7.5 -minute quad: 2nd Broad River S. Site coon insles (decimal degrees, at lower end of assessment reach): 35.315391, -81.827406 STREAM INFORMATION: (depth and width can be approximations) 9. Site number (show on attached map): 2 10. Length of assessment reach evaluated (feet): 1 MY 11. Channel depth from bed On clots, f present) to top of bank (feel): .8 r- Unable to assess ehanneldepth_ 12. Channel width at top of bank (feel): 2 r 14. Feature type: Perennial flow •,-Intermittent flow J STREAM RATING INFORMATION: 15. NC SAM Zone: r:; Mountains (M) rPiedmonl (P) ';Inner Coastal Plan (1) r",Outer Coastal Plain (0) 16. Estimated geomorphic J valley shape (skip for ra j ;b Tidal Marsh Stream): (more sinuous stream, flatter valley slope) (less sinuous stream, steeper valley slope) 17. Watershed size: (skip r., Size 1 (< 0.1 ml`) [ eJ Size 2 (0.1 to < 0.5 mt`) i ,' Size 3 (0.5 to < 5 mi`) [ ; Size 4 (2:5 mi`) for Tidal Marsh Stream) ADDITIONAL INFORMATION: 18. Were regulatory considerations evaluated? j. Yes rNo If Yes, check at that appy to the assessment area. r Section 10 water I- Classified Trout Waters r- Water Supply Watershed ( [;I rII ;III r;IV rv) F- Essential Fick Habitat r Primary Nursery Area I- High Quakly, WatersfOutstanding Resource Waters r" Publicly owned property r NCDWR riparian buffer rule in effect F- Nutrient Sensitive Waters I- Anadromous fish I- 303(4) List r CAMA Area of Environmental Concern (AEC) r- Documented presence of a federal and/or state listed protected species within the assessment area. List species: r Designated C 1cal Habitat (list species): 19. Are additional stream information/supplementary measurements included in "Note ketch section or attached? •,Yes o 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 f :A At least 10% of assessment reach in -stream habitat or nffle•poo( sequence is adversely affected by a flow restriction or fill to the point of obstructing flow or a channelchoked with aquatic macrophyles or ponded water 91impounded on flood or ebb within the assessment reach (examples: undersized or perched culverts, causeways that constrict the channel, tidal gates). �B Not 3. Feature Pattern - assessment reach metric FA 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 profits (examples: channel down -cutting, existing damming, over widening, active aggradatkm, dredging, and excavation where appropriate channel profile has not reformed from any of these disturbances). r!8 Not S. Signs of Acute 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, rlp-rap). t ;A < 10% of channel unstable r-4. B 10 to 25% of channel unstable rJC > 25% of channel unstable S. Streamside Area Interaction - streamside area metric Consider for the Left Bank (LB) and the Right Bank (RB). LB RB FA A Little or no evidence of conditions that adversely affect reference interaction B •�8 Moderate evidence of conditions (examples: berths, levees, down -cutting, aggradaWn, dredging) that adversely affect reference interaction (examples: limited streamside area access, disruption of flood lbws through streamside area, leaky or intermittent bulkheads, causeways with floodplain constriction, minor ditching (Muding mosquito dltching1l i ;C r,C Extensive evidence of conditions that adversely affect reference interaction (little to no floodpianAnterticial zone access (examples: causeways with floodplain and channel constriction, bulkheads, retaining walls, fill, stream Incision, disruption of flood flows through streamskle area) or loo much floodplainAnlerticial zone access [examples: impoundments, intensive mosquito ditching)) or fbodpiainfntertidal zone unnaturally absent or assessment reach is a man-made feature on an interstream divide 7. Water Quality Stressors - assessment reachlintertidal zone metric Check all that apply. 1- A Discolored water in stream or intertidal zone (milky while, blue, unnatural water discoloration, oil sheen, stream loam) r- 8 Excessive sedimentation (burying of stream features or intertidal zone) I C Noticeable evidence of pollutant discharges entering the assessment reach and causing a water quality problem r D Odor (not Including natural sulfide odors) F E Current published or collected data indicating degraded water quality in the assessment reach. Cite source in 0ne 'Notes/Sketch" section. I F Livestock with access to stream or intertidal zone r -i G Excessive algae In stream or intertidal zone H Degraded marsh vegetation in the intertidal zone (removal, burning, regular mowing, destruction, etc.) I Other. (explain in "Notes/Sketch'section) F J Little to no stressors S. Recent Weather- watershed metric For Size 1 or 2 streams, DI drought or higher is considered a drought; for Size 3 or 4 streams, D2 drought or higher is considered a drought. r: 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 e- C No drought conditions 9 Large or Dangerous Stream - assessment reach metric (",Yes r: No Is stream is too large or dangerous to assess? If Yes, skip to Metric 13 (Streamside Area Ground Surface Conditbn), 10. Natural In -stream Habitat Types - assessment reach metric 10a r. Yes r, No Degraded in -stream habitat over majority of the assessment reach (examples of stressors include excessive sedimentation, mining, excavation, in -stream hardening (for example, rtp-rep), recent dredging, and snagging) (avaluats for size 4 Coastal Plain streams only, then skip to Metric 12) 10b Check all that occur (occurs ti > 5% coverage of assessment reach) (skip for Size 4 Coastal Plain streams) F- A Multiple aquatic macrophyles and aquatic mosses -40 r F 5% oysters or ober natural hard bottoms (include INenwrts, lichens, and algal mats) Er G Submerged aquatic vegetation "+ B Multiple sticks and/or leaf packs and/or emergent to r H Lew -tide rerugia (pools) vegetation �c o r I Sand bottom I- C Multiple snags and logs (including lap trees) �L F_ 5% vertical bank along the marsh re- D 5% undercut banks and/or root mals and/or roots f- Littre or no habitat in banks extend to the normal wetted perimeter r- E Lift or no habitat """"`""•—&&A ---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) Ila -: Yes ; ",No Is assessment reach in a natural sand -bed stream? (skip for Coastal Plain streams) 11 b. Sedform evaluated. Chock the appropriate box(es). r A Rime -run section (evaluate I Ic) R 8 PooFgfide section (evaluate 11 d) i C Natural bedform absent (skip to Metric 12, Aquatic Life) r_1 rl r J Jl"J+ I ld. r,Yes r.; No Are pools filed with sediment? (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams) 12. Aquatic Life - assessment reach metric (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams) 12a r: Yes r,No was an in -stream aquatic: sfe assessment performed as described In Bre User Manual? If No, select one of the following reasons and skip to Metric 13. [;No Water rlOther: 12b. r Yes r.;No Are aquatic organisms present in the assessment reach (look in dries, pools, then snags)? If Yes, deck all that apply. If No, slip to Metric 13. i > 1 Numbers over columns refer to "individuals' for size 1 and 2 streams and 'taxa' for size 3 and 4 streams r r i r r r r �- r F F_ r r r r 13. Streamsids Area Ground Surface Condition - streamside area metric (skip for Tidal Marsh Streams and 8 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 R8 FA A Little or no alteration to water storage capacity over a majority of the streamside area B ',(B Moderate afteration to water storage capacity over a majority of the sfreamaide area r; C r-jC Severe alteration to water storage capacity over a majority of the streamside area (examples include: ditches, flit. 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 AA Majority of streamside area with depressions able to pond water i 6 Inches deep 8 B Majority of streamside area with depressions able to pond water 3 to 6 inches deep t � C VC Majority of streamside area with depressions able to pond water < 3 inches deep 15. Wetland Presence - streamside area rrwtrlc (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 orwilhin the normal wetted perimeter of assessment reach. LB RB Z,Y r,Y Are wetlands present in the streamside area? t.; N r': 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 #W draining to the assessment reach. +W A Streams and/or springs (urisdictlonal discharges) F_ 8 Ponds (include wet detention basins; do not include sediment basins or dry detention basins) r- C Obstruction that passes some flow during low -flow periods within assessment area (beaver dam, bottom -release dam) f- D Evidence of bank seepage or sweating (iron oxidizing bacteria In water indicates seepage) I- E Stream lied or bank Boll reduced (dig through deposited sediment If present) f- F None of the above 17. Baseflow Detractors - assessment area metric (skip for Tidal Mash Streams) Check all that apply. V. A Evidence of substantial water withdrawals from the assessment reach (includes areas excavated for pump installation) i- B Obstruction not passing flow during low lbw periods affecting the assessment reach (ex: watertight dam, sediment deposit) f7 C Urban stream (�! 24% impervious surface for watershed) r- D Evidence that the siream-side area has been modified resulting in accelerated drainage Into the assessment reach F E Assessment reach relocated to valley edge + F None of the above 16. 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 -sVeamside 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 rA A ="A r"A z 1004sal wide gi extends to the edge of the watershed r -B B i;B B From 50 to<f00feet wide j;C�,CC C From 30lo<SOfeelwide D D D D From 10 to < 30 -feel wide EF E �E <10 -feet wide gr no trees 20. Buffer Structure - stroamsida area metric (skip for Tidal Marsh Streams) Consider for left bank (LB) and right bank (RB) for Metric 19 ("Vegetated" Buffer Width). LB RS ,A .,A Mature forest •,8 B Non -mature woody vegetation or modified vegetation structure ,C [ ,C Herbaceous vegetation with or without a strip of trees < 10 feet wide D rD Maintained shrubs t",E [-,E Little or no vegetation 21. Buffer Stressors - streamslde 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 feel of stream (30-50 feet). N none of the following stressors occurs on either bank, check here and skip to Metric 22: Abuts < 30 feel 30-50 feel LB RB LB R8 LB RB EA A A r -,A t;A Raw crops B B ,B ,B �.,B t,B Maintained turf N C aC t ;C r;C r,,C Pasture (no 5vestockycommerciai horticulture D OA D ,D r4 rD r.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 r.,A Medium to high stem density ,B r.B Low stem density .1C r;C No wooded riparian buffer or predominantly herbaceous species Qt 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 lac lung vegetation > 10 -feet wide LB RB (:rA +A The total length of buffer breaks is < 25 percent. Z ; B f ' B The total length of buffer breaks is between 25 and 50 percent. t ;C �C The total length of buffer breaks is > 50 percent. 24. Vegetative Composition — First 100 feet of 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 r�jA r;A Vegetation is Gose to undisturbed in species present and their proportions, Lower strata composed of native species, with non-native invasive species absent or sparse. rB =.;8 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-cutling or Gearing 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. r�C C Vegetation is severely disturbed in terns 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. t`�'Yes Z:; No Was a conductivity measurement recorded? If No, select one of the following reasons. (;No Water ':;Other: No Conductivity meter available. NC SAM Stream Rating Sheet Accompanies User Manual Version 2.1 Stream Site Name PROJECT BLUEBIRD FRC Stream Category Mbt Notes of Field Assessment Form (Y/N) Presence of regulatory considerations (Y/N) Additional stream information/supplementary measurements included (Y/N) NC SAM feature type (perennial, intermittent, Tidal Marsh Stream) Date of Evaluation 1-17-2017 Assessor Name/OrganizationSWAIM, MCGILL ASSOCII NO NO YES Intermittent USACE/ NCDWR Function Class Rating Summary All Streams Intermittent (1) Hydrology MEDIUM MEDIUM (2) Baseflow MEDIUM MEDIUM (2) Flood Flow MEDIUM MEDIUM (3) Streamside Area Attenuation MEDIUM MEDIUM (4) Floodplain Access MEDIUM MEDIUM (4) Wooded Riparian Buffer HIGH HIGH (4) Microtopography NA NA (3) Stream Stability MEDIUM MEDIUM (4) Channel Stability MEDIUM MEDIUM (4) Sediment Transport HIGH HIGH (4) Stream Geomorphology LOW LOW (2) Stream/Intertidal Zone Interaction NA NA (2) Longitudinal Tidal Flow NA NA (2) Tidal Marsh Stream Stability NA NA (3) Tidal Marsh Channel Stability NA NA (3) Tidal Marsh Stream Geomorphology NA NA (1) Water Quality (2) Baseflow MEDIUM MEDIUM (2) Streamside Area Vegetation (3) Upland Pollutant Filtration (3) Thermoregulation HIGH HIGH (2) Indicators of Stressors NO NO (2) Aquatic Life Tolerance OMITTED NA (2) Intertidal Zone Filtration NA NA (1) Habitat HIGH HIGH (2) In -stream Habitat HIGH HIGH (3) Baseflow MEDIUM MEDIUM (3) Substrate HIGH HIGH (3) Stream Stability MEDIUM MEDIUM (3) In -stream Habitat MEDIUM MEDIUM (2) Stream -side Habitat HIGH HIGH (3) Stream -side Habitat HIGH HIGH (3) Thermoregulation HIGH HIGH (2) Tidal Marsh In -stream Habitat NA NA (3) Flow Restriction NA NA (3) Tidal Marsh Stream Stability NA NA (4) Tidal Marsh Channel Stability NA NA (4) Tidal Marsh Stream Geomorphology NA NA (3) Tidal Marsh In -stream Habitat NA NA (2) Intertidal Zone Habitat NA NA Overall HIGH 'N(y•TI`AAN' UNIT W -A UT -2 SECONr,- BROADRIVER now `t IOUSLYDELINEATED WETLAND AREA �!' N GRAPJiIC SCALE 0 75 ]so00, vV E 1 INCH = 150 S NCYAM MAP pROJFC'1'/ PROJECT BLUEBIRD FRC eMcGill JANUARY25.:1117 16.01413 RUTHERFORD COUNTY. A s s u C 1 A 'r e s NORTH CAROLINA ENVIlt QYN7AL FlNAJiCE r U.S. ARMY CORPS OF ENGL,,EERS WIi..NIlNGTON DISTRICT Action ID. SAW -2011-00569 County: Rutherford USGS Quad: Forest City GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property Owner / Authorized Agent: Mr. Tot' Furlong Address: Andale Data Center 1601 S. California Avenue Palo_ Alto, CA 94304 Size and location of property (water body, road name/nutnber, town, etc.): The proposed Project site is located on approximately 63 acres on Old Caroleen Road. Just south of US Hwy 74 and bordered to the northeast by the Second Broad River, southeast of Forest City, in Rutherford County. North Carolina. 35 31695 N and -81.82550 W. Description of projects area and activity: This verification authorizes impacts to jurisdictional waters of the U.S. in association with the construction of the Andale Data Center. The site is a former industrial facilty site to be redeveloped. Permanent impacts authorized total 148 linear feet of pine replacement on new location and 1.451 linear feet of stream channel to be re-established/restored through the removal of existing pipes,, davlighting the stream channels, restoring the Pattern, dimension and profile to the streams, and the izradineMhayigdplantina of stream banks. Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344) ❑ Section 10 (Rivers and Harbors" 33 USC 403) Authorization: Regional General Permit Number: Nationwide Permit Number: 39 and 27 Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submittal plans. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order and/or appropriate legal action. Special Conditions: 1) Populations of the federally endangered hexastylis nanfflora (dwarf flowered heart leaf) have been identified near the project area. These plants are protected and not to be disturbed by the construction activities associated with the redevelopment at the site. 2) No work is to occur within the areas identified as Conservation Areas. This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified, suspended or revoked If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (ie., are under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case-by-case basis to modify, suspend or revoke the authorization. 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) 733-1786) to determine Section 401 requirements. For activities occurring within th. :venty coastal counties subject to regulation un.. the Coastal Area Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management. 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 Liz Hair at 828-271-7980. Corps Regulatory Official —Liz Hair ADate: October 21.201.1 Expiration Date of Verification: March 18.201 r CCDEE R North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director October 4, 2011 Mr. Tom Furlong Andale Data Center 1.601 S. California Avenue Palo Alto, CA 94304 Subject: 401 Water Quality Certification — Approval Stormwater Management Plan — Approval Andale Data Center DWQ Project # 11-0737 Rutherford County BRD02 / Second Broad River / 9-41-(12.7) / WS -V Dear Mr. Furlong: Dee Freeman Secretary The Division of Water Quality has completed the review of your 401 Water Quality Certification application associated with the subject project listed above. Approval has been granted to place fill within or otherwise impact 148 feet of streams for the purpose of industrial development at the subject property. Included in the project is stream restoration work re-establishing 1,451 feet of previously piped stream channels. This approval requires you to follow the conditions listed in the attached Certification and any additional conditions listed below. This approval also includes approval of the Stormwater Management Plan. Project impacts are covered by General Water Quality Certification Numbers 3821 and 3689. These Certifications allow you to use Nationwide Permits 27 and 39 when issued by the US Army Corps of Engineers (USACE).. Authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in .your application and as authorized by this Certification shall expire upon expiration of the corresponding USACE Permit Verification. in addition, you should obtain or otherwise comply with any other required federal, state or local permits before you proceed with your project including (but not limited to) Erosion and Sediment Control and water supply watershed regulations. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and may be required to submit a new application. Location: 2090 U.S. Highway 70, Swannanoa, North Carolina 28778 Phone: 828.29645001 FAX: 828.299.70431 Customer Service- 1-877-623-6748 Internet www.newaterquak.org An F("w nnnnrlunily 1 AlBrmativa Arlin FmrJ wor No,��e Carolina ���a�� Tom Furlong October 4, 21111 i Page 2 of 3 Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification are met. No other impacts are approved including incidental impacts: Amount Approved nits Plan Location or Reference Stream 148 feet Culvert installation Stream 1,451 feet Channel re-establishment Additional Conditions 1. Stream Restoration Monitoring Provide data as described in the Long Term Monitoring Proposal included in the McGill Associates additional information package dated September 19, 2011. Stormwater Management Plan Conditions: The stormwater management system (consisting of 5 wet detention ponds and 1 bioretention basin, and all associated appurtenances), all stormwater conveyances, and the grading and drainage patterns depicted on the plans, as approved by this office must be maintained in perpetuity. No changes to the structural stormwater practices shall be made without written authorization from the Division of Water Quality. The stormwater management structures shall have maintenance access for the ability to maintain the structures, and to perform corrective actions. 2. The stormwater easements shall be recorded to provide protection of the structures from potential alterations by future property owners. Documentation of the easements shall be made within 6 months of completion of the stormwater management system. The Asheville Regional Office — Surface Water Protection Section shall be notified after completion of the easement documentation. 3. Operation and Maintenance (O&M) Agreements shall be signed and notarized within 6 months after completion of the stormwater management system. However, Andale Data Center representatives must comply with the requirements of the O&M Agreements immediately upon completion of the stormwater management system. Copies of the signed and notarized 0&M Agreements shall be submitted to the Asheville Regional Office — Surface Water Protection Section. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream impacts), 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, which conforms to Chapter 150E 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. Tom Furlong • October 4, 2011 Page 3 of 3 This letter completes the review of your application by the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please contact Chuck Cranford in the Asheville Regional Office at 828-296-4664. Sincerely, Coleen H. Sullins, Director CHS/cbc Enc: GC3821 and GC3689 Certificate of Completion Stormwater Management System Plans cc: USACE Asheville Regulatory Field Office WBSCP Unit File Copy Shad Walters — McGill (e -copy) S:ISWPiltutherfordWOlANon-DQ1WndelelAMVL.l0.3.1 J.doc U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action ID. SAW -2011-00569 County: Rutherford USGS Quad: NC -FOREST CITY GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property Owner / Authorized Agent: Jay S. Park, Andale Inc., FKA Address: 1601 Willow Rd. Menlo, CA 94025 Telephone No.: of property (water body, road name/number, town, etc.): The proiect is located 404 Description of projects ari material associated with Commercial development. 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: NW 12 Summary of Authorized Impacts and Required Mitigation Impact ID # NWP / Open Water (ac) GP # Temporary Permanent Wetland (ac) Stream (if) Temporary Permanent Temporary Permanent W1 12 0.01 S1 12 36 Impact Totals 0.01 36 Total Loss of Waters of the U.S. (ac) Total Loss of Waters of the U.S. 1 Required Wetland Mitigation (ac Required Stream Mitigation (If) Additional Remarks and/or Special Permit Conditions *ALL constructed areas must be returned to pre -construction contours in impacted wetlands and stream channels. Areas of forested wetland that will be temporarily impacted during construction must be replanted with native woody vegetation, monitored for success and replanted where necessary. Any impact deviation to the approved plan must be approved by prior notification from the Corps before these impacts can occur. 'Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your plans submitted on August 17, 2015. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case-by-case basis to modify, suspend or revoke the authorization. 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 Qui ' (telephone (919) 807-6300) to determine Section 401 requirements. You may also visit their website at: httD: } l.nc� web/wg/swj>/ws/webseaye — For activities occurring within the twenty coastal counties subject to regulation un a Coastal Area Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Managemea 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 William Elliott al 08-271-79 Corps Regulatory Official William Elliott Date: September 30, 2015 Expiration Date of Verification: March 18, 2017 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at our website at hq://per2.nwp.usace.army.mil/surM.htrnl to complete the survey online. Determination of Jurisdiction: A. ❑ Based on preliminary information, there appear to be waters of the US including wetlands within the above described project area. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331). B. ❑ There are Navigable Waters of the United States within the above described project area subject to the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. C. ® There are waters of the US and/or wetlands within the above described project area subject to the permit requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. D. ❑ The jurisdictional areas within the above described project area have been identified under a previous action. Please reference jurisdictional determination issued . Action ID Basis of Jurisdictional Determination: The site contains wetlands as determined by the 1987 Corps of Engineers Wetland Delineation Manual and the Interim Regional Supplement to the Corps of Engineers Wetlands Delineation Manual: Eastern Mountain and Piedmont Region. These wetlands are adjacent to stream channels located on the property that exhibit indicators of ordinary high water marks. The stream channel on the property is an unnamed tributary to Second Broad River which flows into the Upper Broad River. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the }Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetlanddetermination from the local office of the Natural Resources Conservation Service, prior to starting work. Appeals Information: (This information applies only to approved jurisdictional determinations as indicated in B and C above). This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Jason Steele, Review Officer 60 Forsyth Street SW, Room l OM 15 Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address within 60 days from the Issue Date below. **It is not necessary to submit an RFA form to the Division Office iVdo ject tothe determination in this con:espondence.* Corps Regulatory Official: William Elliott Issue Date: August 28, 2015 Expiration Date: Five years from Issue Date Copy Furnished: John C. Was, McGill Associates, P.A. 468 New Market Blvd. Ste B. Boone, NC 28607 Permit Number: SAW -2011-00569 Permit Type: NW 12 Name of County: Rutherford Name of Permittee: Jay S. Park, Andale Inc., FKA Date of Issuance: September 30, 2015 Project Manager: William Elliott 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 NOTA=ICATION OF ADMINISTRATIVE APPEAL, OPTIONS AND PROCESS ANIS REQUEST FOR APPEAL, ---__ ------ --------.__._------ - _------ ---- ----------------_____��—____.- Applicant: Jay S. Park, Andale Inc., FICA File Number: SAW -2011- Date: August 28, 00569 2015 Attached is: See Section below INITIAL PROFFERED PERMIT Standard Permit or Letter ofpermission) A PROFFERED PERMIT (Standard Permit or Letter ofpermission) B PF,RMIT DENIAL C _ X APPROVED JURISDICTIONAL DETERMINATION D _ PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at bttp://v,r",w.usace.army.mil/CECW/Pages/reg_materials.aspx or Corps regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for rural authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section 11 of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section 11 of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. , D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section 11 of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. SECTION ll - 4QU1 S'E I�QR APPEAL or O13JEC 1TUNS TO AN INITIAL,PROFFE; ED. PERMIT; REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR QUESTIONS ORINFORMAT'ION: If you have questions regarding this decision and/or the appeal If you only have questions regarding the appeal process you may process you may contact: also contact: William Elliott, Project Manager Mr.. Jason Steele, Administrative Appeal Review Officer USACE, Asheville Regulatory Field Office CESAD-PDO 151 Patton Ave U.S. Army Corps of Engineers, South Atlantic Division RM 208 60 Forsyth Street, Room IOMI 5 Asheville, NC 28801 Atlanta, Georgia 30303-8801 828-271-7980 Phone: 404 562-5137 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site investigations. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: William Elliott, 69 Darlington. Avenue, Wilmington, North Carolina 28403 For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303- 8801. Phone: (404) 562-5137 APPROVED JURISDICTIONAL DETERMINATION FORM U.S. Army Corps of Engineers This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook. SECTION I: BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD): B. DISTRICT OFFICE, FILE NAME, AND NUMBER: C. PROJECT LOCATION AND BACKGROUND INFORMATION: State: NC County/parish/borough: Rutherford City: Forest City Center coordinates of site (]at/long in degree decimal format): Lat. 35.3164° N, Long. -81.82450 . Universal Transverse Mercator: Name of nearest waterbody: Second Broad River Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: Broad River Name of watershed or Hydrologic Unit Code (HUC): 03050105 Check if map/diagram of review area and/or potential jurisdictional areas is/are available upon request. Check if other sites (e.g., offsite mitigation sites, disposal sites, etc...) are associated with this action and are recorded on a different JD form. D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): Office (Desk) Determination. Date: Field Determination. Date(s): SECTION II: SUMMARY OF FINDINGS A. RHA SECTION 10 DETERMINATION OF JURISDICTION. There 1 "navigable waters of the U.S." within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the review area. [Required] Waters subject to the ebb and flow of the tide. Waters are presently used, or have been used in the past, or maybe susceptible for use to transport interstate or foreign commerce. Explain: B. CWA SECTION 404 DETERMINATION OF JURISDICTION. There ye "waters of the US." within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. [Required] 1. Waters of the U.S. a. Indicate presence of waters of U.S. in review area (check all that apply): t TNWs, including territorial seas Wetlands adjacent to TNWs Relatively permanent waters2 (RPWs) that flow directly or indirectly into TNWs Non-RPWs that flow directly or indirectly into TNWs Wetlands directly abutting RPWs that flow directly or indirectly into TNWs Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs Impoundments of jurisdictional waters Isolated (interstate or intrastate) waters, including isolated wetlands Identify (estimate) size of waters of the U.S. in the review area: Non -wetland waters: 540 linear feet: 3 width (ft) and/or acres. Wetlands: 0.01 acres. c. Limits (boundaries) of jurisdiction based on: Elevation of established OHWM (if known): Non-regulated waters/wetlands (check if applicable)? Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional Explain: ' Boxes checked below shall be supported by completing the appropriate sections in Section III below. ' For purposes of this form, an RPW is defined as a tributary that is not a TN W and that typically flows year-round or has continuous flow at least "seasonally" (e.g., typically 3 months). ' Supporting documentation is presented in Section III.F. SECTION III: CWA ANALYSIS A. TNWs AND WETLANDS ADJACENT TO TNWs The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. If the aquatic resource is a TNW, complete Section III.A.1 and Section III.D.1. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections III.A.1 and 2 and Section III.D.1.; otherwise, see Section IH.B below. 1. TNW Identify TNW: Summarize rationale supporting determination: Wetland adjacent to TNW Summarize rationale supporting conclusion that wetland is "adjacent": B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY): This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps determine whether or not the standards for jurisdiction established under Rapanos have been met. The agencies will assert jurisdiction over non -navigable tributaries of TNWs where the tributaries are "relatively permanent waters" (RPWs), i.e. tributaries that typically flow year-round or have continuous flow at least seasonally (e.g., typically 3 months). A wetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNW, but has year-round (perennial) flow, skip to Section IH.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow, skip to Section III.D.4. A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts and EPA regions will include in the record any available information that documents the existence of a significant nexus between a relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable water, even though a significant nexus finding is not required as a matter of law. If the waterbody° is not an RPW, or a wetland directly abutting an RPW, a JD will require additional data to determine if the waterbody has a significant nexus with a TNW. If the tributary has adjacent wetlands, the significant nexus evaluation must consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for analytical purposes, the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is the tributary, or its adjacent wetlands, or both. If the JD covers a tributary with adjacent wetlands, complete Section III.B.1 for the tributary, Section III.B.2 for any onsite wetlands, and Section III.B.3 for all wetlands adjacent to that tributary, both onsite and offsite. The determination whether a significant nexus exists is determined in Section IH.0 below. 1. Characteristics of non-TNWs that flow directly or indirectly into TNW (i) General Area Conditions: Watershed size: Pick List Drainage area: Pick List Average annual rainfall: inches Average annual snowfall: inches (ii) Physical Characteristics: (a) Relationship with TNW: ❑ Tributary flows directly into TNW. ❑ Tributary flows through tributaries before entering TNW. Project waters areick List river miles from TNW. Project waters are ick List river miles from RPW. Project waters are ick List aerial (straight) miles from TNW Project waters are Pick List aerial (straight) miles from RPW. Project waters cross or serve as state boundaries. Explain: Identify flow route to TNW5: Tributary stream order, if known: Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the and West. 5 Flow route can be described by identifying, e.g., tributary a, which flows through the review area, to flow into tributary b, which then flows into TNW. (b) General Tributary Characteristics (check all that apply): Tributary is: ❑ Natural ❑ Artificial (man-made). Explain: ❑ Manipulated (man -altered). Explain: Tributary properties with respect to top of bank (estimate): Average width: feet Average depth: feet Average side slopes 1 . Primary tributary substrate composition (check all that apply): ❑ Silts ❑ Sands ❑ Cobbles ❑ Gravel ❑ Bedrock ❑ Vegetation. Type/% cover: ❑ Other. Explain: ❑ Concrete ❑ Muck Tributary condition/stability [e.g., highly eroding, sloughing banks]. Explain: Presence of run/riffle/pool complexes. Explain: Tributary geometry: Tributary gradient (approximate average slope): % (c) Flow: Tributary provides for: Estimate average number of flow events in review area/year to" Describe flow regime: Other information on duration and volume: Surface flow is fit. Characteristics: Subsurface flow Explain findings: ❑ Dye (or other) test performed: Tributary has (check all that apply): ❑ Bed and banks ❑ OHWM6 (check all indicators that apply): ❑ clear, natural line impressed on the bank ❑ ❑ changes in the character of soil ❑ ❑ shelving ❑ ❑ vegetation matted down, bent, or absent ❑ ❑ leaf litter disturbed or washed away ❑ ❑ sediment deposition ❑ ❑ water staining ❑ ❑ other (list): ElW Discontinuous OHM.7 Explain: the presence of litter and debris destruction of terrestrial vegetation the presence of wrack line sediment sorting scour multiple observed or predicted flow events abrupt change in plant community If factors other than the OHWM were used to determine lateral extent of CWA jurisdiction (check all that apply): 13 High Tide Line indicated by: Q Mean High Water Mark indicated by: ❑ oil or scum line along shore objects ❑ survey to available datum; ❑ fine shell or debris deposits (foreshore) ❑ physical markings; ❑ physical markings/characteristics ❑ vegetation lines/changes in vegetation types. ❑ tidal gauges ❑ other (list): (iii) Chemical Characteristics: Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.). Explain: Identify specific pollutants, if known 6A natural or man-made discontinuity in the OHWM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where the OHWM has been removed by development or agricultural practices). Where there is a break in the OHWM that is unrelated to the waterbody's flow regime (e.g., flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break. ']bid. (iv) Biological Characteristics. Channel supports (check all that apply): ❑ Riparian corridor. Characteristics (type, average width): ❑ Wetland fringe. Characteristics: ❑ Habitat for: ❑ Federally Listed species. Explain findings: ❑ Fish/spawn areas. Explain findings: ❑ Other environmentally -sensitive species. Explain findings: ❑ Aquatic/wildlife diversity. Explain findings: 2. Characteristics of wetlands adjacent to non-TNW that flow directly or indirectly into TNW (i) Physical Characteristics: (a) General Wetland Characteristics: Properties: Wetland size: acres Wetland type. Explain:. Wetland quality. Explain: Project wetlands cross or serve as state boundaries. Explain: (b) General Flow Relationship with Non-TNW: Flow is: Explain: Surface flow is Characteristics: Subsurface flow: Pick List. Explain findings: ❑ Dye (or other) test performed: (c) Wetland Adjacency Determination with Non-TNW: ❑ Directly abutting ❑ Not directly abutting ❑ Discrete wetland hydrologic connection. Explain: ❑ Ecological connection. Explain: ❑ Separated by berm/barrier. Explain: (d) Proximity (Relationship) to TNW Project wetlands are Pick List river miles from TNW. Project waters are Pick List aerial (straight) miles from TNW. Flow is from: rick List. Estimate approximate location of wetland as within the floodplain. (ii) Chemical Characteristics: Characterize wetland system (e.g., water color is clear, brown, oil film on surface; water quality; general watershed characteristics; etc.). Explain: Identify specific pollutants, if ]mown: (iii) Biological Characteristics. Wetland supports (check all that apply): ❑ Riparian buffer. Characteristics (type, average width): . ❑ Vegetation type/percent cover. Explain: . ❑ Habitat for: ❑ Federally Listed species. Explain findings: ❑ Fish/spawn areas. Explain findings: ❑ Other environmentally -sensitive species. Explain findings: . ❑ Aquatic/wildlife diversity. Explain findings:. 3. Characteristics of all wetlands adjacent to the tributary (if any) All wetland(s) being considered in the cumulative analysis: Fick List Approximately ( ) acres in total are being considered in the cumulative analysis. For each wetland, specify the following: Directly abuts? (Y/N) Size (in acres) Directly abuts? (Y/NSize (in acres) Summarize overall biological, chemical and physical functions being performed: C. SIGNIFICANT NEXUS DETERMINATION A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed by any wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological integrity of a TNW. For each of the following situations, a significant nexus exists if the tributary, in combination with all of its adjacent wetlands, has more than a speculative or insubstantial effect on the chemical, physical and/or biological integrity of a TNW. Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flow of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e.g. between a tributary and its adjacent wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland lies within or outside of a floodplain is not solely determinative of significant nexus. Draw connections between the features documented and the effects on the TNW, as identified in the Rapanos Guidance and discussed in the Instructional Guidebook Factors to consider include, for example: • Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to TNWs, or to reduce the amount of pollutants or flood waters reaching a TNW? • Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW? • Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that support downstream foodwebs? • Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or biological integrity of the TNW? Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented below: 1. Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section IIID: . Significant nexus findings for non-RPW and its adjacent wetlands, where the non-RPW flows directly or indirectly into TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section IIID: 3. Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section III.D: . D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERSIWETLANDS ARE (CHECK ALL THAT APPLY): 1. TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area: TNWs: linear feet width (fi), Or, acres. Wetlands adjacent to TNWs: acres. RPWs that flow directly or indirectly into TNWs. Tributaries of TNWs where tributaries typically flow year-round are jurisdictional. Provide data and rationale indicating that tributary is perennial: UT -1 Second Broad River has continuous channel bed and bank, exhibits strong channel sinuosity, has well formed in channel riffle pool structure, excellent channel material sorting, strong presence of base flow conditions, presence of iron oxidizing bacteria, soil based evidence of high water table, as well as presence of aquatic organisms. Q Tributaries of TNW where tributaries have continuous flow "seasonally" (e.g., typically three months each year) are jurisdictional. Data supporting this conclusion is provided at Section III.B. Provide rationale indicating that tributary flows seasonally: Provide estimates for jurisdictional waters in the review area (check all that apply): Tributary waters: 5401inear feet 3 width (ft). p Other non -wetland waters: acres. Identify type(s) of waters: 3. Non-RPWss that flow directly or indirectly into TNWs. Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a TNW, and it has a significant nexus with a TNW is jurisdictional. Data supporting this conclusion is provided at Section III.C. Provide estimates for jurisdictional waters within the review area (check all that apply): Tributary waters: linear feet width (ft). Other non -wetland waters: acres. Identify type(s) of waters: 4. Wetlands directly abutting an RPW that flow directly or indirectly into TNWs. Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands. IM Wetlands directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale indicating that tributary is perennial in Section III.D.2, above. Provide rationale indicating that wetland is directly abutting an RPW: Wetland Unit -WA encloses UT -1 Second Broad River on both sides of the channel and is located within the tributary's bankfull elevation (OHWM). Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is seasonal in Section III.B and rationale in Section III.D.2, above. Provide rationale indicating that wetland is directly abutting an RPW: Provide acreage estimates for jurisdictional wetlands in the review area: 0.01 acres. 5. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs. Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisidictional. Data supporting this conclusion is provided at Section III.C. Provide acreage estimates for jurisdictional wetlands in the review area: acres. 6. Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs. Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional. Data supporting this conclusion is provided at Section III.C. Provide estimates for jurisdictional wetlands in the review area: acres. 7. Impoundments of jurisdictional waters.9 As a general rule, the impoundment of a jurisdictional tributary remains jurisdictional. Demonstrate that impoundment was created from "waters of the U.S.," or Demonstrate that water meets the criteria for one of the categories presented above (1-6), or Demonstrate that water is isolated with a nexus to commerce (see E below). E. ISOLATED [INTERSTATE OR INTRA -STATE] WATERS, INCLUDING ISOLATED WETLANDS, THE USE, DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY SUCH WATERS (CHECK ALL THAT APPLV):10 k which are or could be used by interstate or foreign travelers for recreational or other purposes. from which fish or shellfish are or could be taken and sold in interstate or foreign commerce. which are or could be used for industrial purposes by industries in interstate commerce. Interstate isolated waters. Explain: "See Footnote # 3. e To complete the analysis refer to the key in Section III.D.6 of the Instructional Guidebook. 10 Prior to asserting or declining C WA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA HQ for review consistent with the process described in the Corps/EPA Memorandum Regarding CWA Act Jurisdiction Following Rapanos. Other factors. Explain: Identify water body and summarize rationale supporting determination: Provide estimates for jurisdictional waters in the review area (check all that apply): Tributary waters: linear feet width (ft). Other non -wetland waters: acres. Identify type(s) of waters: Wetlands: acres. F. NON -JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY): 19 If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers Wetland Delineation Manual and/or appropriate Regional Supplements. C3 Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce. ❑ Prior to the Jan 2001 Supreme Court decision in "SWANCC," the review area would have been regulated based solely on the "Migratory Bird Rule" (MBR). Waters do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction. Explain: Other: (explain, if not covered above): Provide acreage estimates for non jurisdictional waters in the review area, where the sole potential basis of jurisdiction is the MBR factors (i.e., presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional judgment (check all that apply): Non -wetland waters (i.e., rivers, streams): linear feet width (ft). Lakes/ponds: acres. Other non -wetland waters: acres. List type of aquatic resource: Wetlands: acres. Provide acreage estimates for non jurisdictional waters in the review area that do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction (check all that apply): Non -wetland waters (i.e., rivers, streams): linear feet, width (ft). Lakes/ponds: acres. Other non -wetland waters: acres. List type of aquatic resource: Wetlands: acres. SECTION IV: DATA SOURCES. A. SUPPORTING DATA. Data reviewed for JD (check all that apply - checked items shall be included in case file and, where checked and requested, appropriately reference sources below): Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant: Data sheets prepared/submitted by or on behalf of the applicant/consultant. ❑ Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. Data sheets prepared by the Corps: Corps navigable waters' study: U.S. Geological Survey Hydrologic Atlas: ❑ USGS NHD data. ❑ USGS 8 and 12 digit HUC maps. U.S. Geological Survey map(s). Cite scale & quad name: 1:24,000 Robbinsville, NC USGS topo quad. USDA Natural Resources Conservation Service Soil Survey. Citation: National wetlands inventory map(s). Cite name: State/Local wetland inventory map(s): FEMA/FIRM maps: 100 -year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929) Photographs: ® Aerial (Name & Date): NC ONEMAP DATA EXPLORER -2010. or ® Other (Name & Date): Field assessment photos -March 16, 2015. Previous determination(s). File no. and date of response letter: Applicable/supporting case law: Applicable/supporting scientific literature: Other information (please specify): B. ADDITIONAL COMMENTS TO SUPPORT JD: