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HomeMy WebLinkAbout20200930 Ver 1_Project Blue Sky PCN 071720 _Compiled_20200717Preliminary ORM Data Entry Fields for New Actions WEPG and Environmental Planning Group Leonard S. Rindner, PLLC. SAW — 2019 - 02006 BEGIN DATE [Received Date]: Prepare file folder ❑ Assign Action ID Number in ORM ❑ 1. Project Name [PCN Form A2a]: Project Blue Sky site 2. Work Type: Private 7 Institutional ❑ Government ❑ Commercial ❑ 3. Project Description / Purpose [PCN Form B3d and B3e]: PCN request for a Commercial Development 4. Property Owner / Applicant [PCN Form A3 or A4]: Oakmont Aquisitions (Applicant) 5. Agent / Consultant [PCN Form A5 — or ORM Consultant ID Number]: Leonard S. Rindner, PLLC / WEPG 6. Related Action ID Number(s) [PCN Form B5b]: 7. Project Location - Coordinates, Street Address, and/or Location Description [PCN Form B1b]: 35.2172 N/-80.3443, Oakboro, NC 8. Project Location -Tax Parcel ID [PCN Form B1a]: Please refer to attached tax parcel map 9. Project Location — County [PCN Form A2b]: Stanly 10. Project Location — Nearest Municipality or Town [PCN Form A2c]: Oakboro 11. Project Information — Nearest Waterbody [PCN Form B2a]: Coldwater Branch 12. Watershed / 8-Digit Hydrologic Unit Code [PCN Form 132c]: 03040105 Authorization: Section 10 ❑ Section 404 W1 Section 10 & 404 ❑ Regulatory Action Type: ❑Standard Permit ✓ Nationwide Permit # 39 ❑ Regional General Permit # ❑ Jurisdictional Determination Request R Pre-Application Request Unauthorized Activity 0 Compliance ❑ No Permit Required Revised 20150602 Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. July 16, 2020 Mr. Bryan Roden -Reynolds U.S. Army Corps of Engineers Asheville Regulatory Field Office 151 Patton Avenue, Asheville, NC 28801-5006 Mr. Alan Johnson NCDEQ Division of Water Resources 610 East Center Street, Suite 301, Moorseville, NC 28115 Mr. Paul Wcjoski NCDEQ Division of Water Resources Wetlands & Storm Water Branch 512 North Salisbury Street, Raleigh, NC 27604 Mr. Byron Hamstead U.S. Fish and Wildlife Service Asheville Field Office 160 Zillicoa Street, Asheville, NC 28801 Subject: Pre -Construction Notification for NWP 39 for the Project Blue Sky site, Oakboro, Stanley County, North Carolina Messrs. Roden -Reynolds, Johnson, Wcjoski and Hamstead, Enclosed is a Request for Nationwide Permit 39 for the Project Blue Sky site on 415 acres northwest of the intersection of Lighthouse Road and Buster Road in Oakboro, NC. The site is a proposed commercial development and consists of five streams, eleven wetlands and one open water pond. A preliminary jurisdictional determination request (SAW-2019-02006) was previously submitted and the site was field -verified by Mr. Bryan Roden -Reynolds (USACE) on 12/9/19. Please refer to the Jurisdictional Determination and Approvals sections for information on onsite surface waters. Overall impacts to site surface waters associated with the proposed development were limited through site selection location, design, and location/orientation of the proposed access routes. As shown on the attached exhibits, the proposed project will include impacts to several small wetlands for grading and fill associated with the construction of an industrial facility. Additional permanent stream impacts are proposed where an existing culvert will need to be upgraded along a railway spur line that will serve the development. Impacts could not be completely avoided due to the location of the features bisecting the site; the location and orientation of the foundry was designed to meet industrial grade specifications and is critically tied to the location/orientation of Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. the railway infrastructure. The total permanent impacts proposed include 0.079 ac of wetland impacts and 54 linear feet of intermittent stream impacts. Twenty four linear feet of the proposed stream impacts are attributable to stabilizing rip rap that will installed at existing bed elevation and will not contribute to a loss -of -waters of the U.S. Efforts of impact minimization were implemented during the design to preserve the existing hydrology and limit adverse effects to existing, onsite natural habitat. Headwalls will be used along the western edge of the foundry to avoid additional impacts to Stream C. The location of the required pump station and proposed sanitary sewer has been strategically negotiated to avoid unnecessary impacts due to utility crossings. The applicant has demonstrated substantial avoidance and minimization efforts in which 99% of the 4,375 linear feet of stream channel and 91% of the 0.85 acres of wetlands onsite will be avoided. Due to the minimal amount of permanent impacts associated with this project, no compensatory mitigation is proposed. Enclosed is a copy of our Threatened/Endangered Species Evaluation for the site. No listed species were identified within the project area and we believe that there will be no effect on listed species or their critical habitat as designated under Section 7 of the Endangered Species Act. Please refer to the Threatened and Endangered Species Evaluation Section for additional details on the terrestrial species evaluation. Thank you for your consideration and please contact me if you have any questions, (336) 554-2728 or email at daniel.kuefler@wetlands-epg.com. Sincerely, Daniel Kuefler, PWS Environmental Scientist Len Rindner, PWS Principal Permit Application a`'oF wArEgQ� 0 vflllll::� ^Y Office Use Only: Corps action ID no. DWQ project no. Form Version 1.4 January 2009 Pre -Construction Notification (PCN) Form A. Applicant Information 1. Processing 1a. Type(s) of approval sought from the Corps: ❑X Section 404 Permit ❑ Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: 39 or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? ❑ Yes ❑X No 1d. Type(s) of approval sought from the DWQ (check all that apply): ❑X 401 Water Quality Certification — Regular ❑ Non-404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ❑ Yes ❑X No For the record only for Corps Permit: ❑ Yes ❑X No 1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. ❑ Yes ❑X No 1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ❑ Yes ❑X No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ❑X No 2. Project Information 2a. Name of project: Project Blue Sky 2b. County: Stanly 2c. Nearest municipality / town: Oakboro 2d. Subdivision name: 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: Oakmont Acquisition 3b. Deed Book and Page No. please see attached parcel map 3c. Responsible Party (for LLC if applicable): Charlie Ponscheck 3d. Street address: P.O. Box 35420 3e. City, state, zip: Charlotte, INC 228235 3f. Telephone no.: 704-348-5525 3g. Fax no.: 3h. Email address: cponscheck@charlottepipe.com Page 1 of 10 PCN Form — Version 1.4 January 2009 4. Applicant Information (if different from owner) 4a. Applicant is: ❑ Agent ❑ Other, specify: 4b. Name: 4c. Business name (if applicable): 4d. Street address: 4e. City, state, zip: 4f. Telephone no.: 4g. Fax no.: 4h. Email address: 5. Agent/Consultant Information (if applicable) 5a. Name: Daniel Kuefler 5b. Business name (if applicable): Wetlands & Environmental Planning Group 5c. Street address: 10612-D Providence Road, PMB 550 5d. City, state, zip: Charlotte, NC 28277 5e. Telephone no.: 336-554-2728 5f. Fax no.: 5g. Email address: daniel.kuefler@wetlands-epg.com Page 2 of 10 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): please see attached parcel map 1 b. Site coordinates (in decimal degrees): Latitude: 35.2172 Longitude:-80.3443 1 c. Property size: 415 acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: Coldwater Branch 2b. Water Quality Classification of nearest receiving water: C 2c. River basin: 03040105 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 majority of the site area is pasture land with patches of forest and interspersed residences. Topography consists of gentle to moderate slopes with ponds and flat, broad drainages. General land use in the vicinity is agricultural and scattered residences. 3b. List the total estimated acreage of all existing wetlands on the property: 0.852 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 4,375 3d. Explain the purpose of the proposed project: Project consists of grading and fill to construct a commercial development. 3e. Describe the overall project in detail, including the type of equipment to be used: Fill and grading of the site will use standard equipment- excavator, dump truck, track how, etc. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project (includingall prior phases)in the past? ❑X Yes ❑ No ❑ Unknown Comments: 4b. If the Corps made the jurisdictional determination, what type of determination was made? ❑X Preliminary ❑ Final 4c. If yes, who delineated the jurisdictional areas? Name (if known): Nic Nelson Agency/Consultant Company: WEPG Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. A PJD Request was submitted and approved (SAW-2020-00946) on 6/10/20. Please see the JD and Approvals section for details. 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? ❑Yes ❑X No ❑ Unknown 5b. If yes, explain in detail according to "help file" instructions. 6. Future Project Plans 6a. Is this a phased project? ❑ Yes ❑X No 6b. If yes, explain. Page 3 of 10 PCN Form — Version 1.4 January 2009 C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): ❑X Wetlands ❑X Streams —tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. Wetland impact number Permanent (P) or Temporary T 2b. Type of impact 2c. Type of wetland 2d. Forested 2e. Type of jurisdiction Corps (404,10) or DWQ (401, other) 2f. Area of impact (acres) W1 P Fill Headwater Wetland No Corps 0.034 W2 P Choose one Headwater Wetland No Corps 0.003 W3 P Choose one Headwater Wetland No Corps 0.011 W4 T Choose one Headwater Wetland No Corps 0.012 W5 T Choose one Headwater Wetland No Corps 0.003 W6 P Choose one Headwater Wetland No Corps 0.031 2g. Total Wetland Impacts: 0.094 2h. Comments: 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. Stream impact number Permanent (P) or Temporary (T) 3b. Type of impact 3c. Stream name 3d. Perennial (PER) or intermittent (INT)? 3e. Type of jurisdiction 3f. Average stream width (feet) 3g. Impact length (linear feet) S1 P Culvert Stream O INT Corps 2 30 S2 P Stabilization Stream O INT Corps 2 24 S3 Choose one S4 Choose one S5 Choose one S6 Choose one 3h. Total stream and tributary impacts 54 3i. Comments: Of the 54 If of impact to intermittent stream O, 24 If of impact is attributed to riprap installed at existing elevations and will not contribute to a Loss -to - Waters of the U.S. Page 4 of 10 PCN Form — Version 1.4 January 2009 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then indivi ually list all open water impacts below. 4a. Open water impact number Permanent (P) or Temporary T 4b. Name of waterbody (if applicable) 4c. Type of impact 4d. Waterbody type 4e. Area of impact (acres) 01 Choose one Choose O2 Choose one Choose 03 Choose one Choose 04 Choose one Choose 4f. Total open water impacts 4g. Comments: 5. Pond or Lake Construction If pond or lake construction proposed, the complete the chart below. 5a. Pond ID number 5b. Proposed use or purpose of pond 5c. Wetland Impacts (acres) 5d. Stream Impacts (feet) 5e. Upland (acres) Flooded Filled Excavated Flooded Filled Excavated P1 Choose one P2 Choose one 5f. Total: 5g. Comments: 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. 6a. Project is in which protected basin? ❑ Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Randleman ❑ Other: 6b. Buffer Impact number — Permanent (P) or Temporary (T) 6c. Reason for impact 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact (square feet) 6g. Zone 2 impact (square feet) B1 Yes/No B2 Yes/No B3 Yes/No B4 Yes/No B5 Yes/No B6 Yes/No 6h. Total Buffer Impacts: 6i. Comments: Page 5 of 10 D. Impact Justification and Mitigation 1. Avoidance and Minimization la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. Impacts associated with the proposed development were limited through site selection, location, design, and location/orientation of the proposed structures and access routes. Impacts could not be completely avoided due to the location of the features bisecting the site; the location and orientation of the foundry was designed to meet industrial grade requirements and is critically tied to the location/orientation of the existing railway infastructure. The pump station location and sewer alignments have been strategically planned to avoid unnecessary utility crossings. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Construction techniques will implement approved erosion control methods to avoid/minimize to onsite/adjacent offsite receiving conveyances. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? ❑ Yes ❑X 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 El 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: Choose one Type: Choose one Type: Choose one Quantity: Quantity: Quantity: 3c. Comments: 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. ❑ Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: Choose one 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non -riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Page 6 of 10 PCN Form — Version 1.4 January 2009 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires ❑ Yes ❑X No buffer mitigation? 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. 6c. 6d. 6e. Zone Reason for impact Total impact Multiplier Required mitigation (square feet) (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund). 6h. Comments: Page 7 of 10 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1a. Does the project include or is it adjacent to protected riparian buffers identified ❑ Yes ❑X No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. ❑ Yes ❑ No 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 12 % 2b. Does this project require a Stormwater Management Plan? ❑X Yes ❑ No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: Storm water on the site will be handled by facilities shown on the attached plans. The stormwater plan has not yet been submitted to NCDEQ but will be designed to meet their criteria 2e. Who will be responsible for the review of the Stormwater Management Plan? NCDEQ 3. Certified Local Government Stormwater Review 3a. In which localgovernment's jurisdiction is thisproject? NCDEQ ❑X Phase II ❑ NSW 3b. Which of the following locally -implemented stormwater management programs ❑ USMP apply (check all that apply): ❑ Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ❑Yes ❑X No attached? 4. DWQ Stormwater Program Review ❑Coastal counties ❑HQW 4a. Which of the following state -implemented stormwater management programs apply ❑ORW (check all that apply): ❑Session Law 2006-246 ❑Other: 4b. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑X No attached? 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ❑ Yes ❑ No 5b. Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No Page 8 of 10 PCN Form — Version 1.4 January 2009 F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1a. Does the project involve an expenditure of public (federal/state/local) funds or the ❑ Yes ❑X 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 ❑X No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after -the -fact permit application? ❑Yes ❑X No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in ❑Yes ❑X No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. Wastewater generated on the site will be transported to the nearest treatment facility via sewer lines. Page 9 of 10 PCN Form — Version 1.4 January 2009 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or ❑ Yes ❑X No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ❑ Yes ❑X No impacts? 5c. If yes, indicate the USFWS Field Office you have contacted. - 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? A threatened/Endangered species assessment was conducted in which no species were identified. Habitat may exist for the Northern Long Eared Bat but the project is exempt as noted in the included T&E report. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes ❑X No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? No essential fish habitat in this region. 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation ❑ Yes ❑X No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? State Historic Preservation Office's (SHPO) database http://gis.ncdnr.gov/hpoweb/ 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? ❑ Yes ❑X No 8b. If yes, explain how project meets FEMA requirements: 8c. What source(s) did you use to make the floodplain determination? www.fema.gov; Digitally signed by Daniel Kuefler DN: cn=Daniel Kuefler, o=WEPG, ou, Daniel Ku of I e r email=daniel.kuefler@wetlands- Daniel Kuefler epg.com,c=Us 07-16-2020 Date: 2020.07.16 13:40:19-04'00' Applicant/Agent's Printed Name Date Applicant/Agent's Signature (Agent's signature is valid only if an authorization letter from the applicant isprovided.) Page 10 of 10 Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. Agent Authorization Letter The purpose of this form is to authorize our firm to act on your behalf in matters related to aquatic resource (i.e. stream/wetlands) identification/mapping and regulatory permitting. The undersigned, who are either registered property owners or legally authorized to conduct due diligence activities on the property as identified below, do hereby authorize associates of Leonard S. Rindner, PLLC, Wetlands and Environmental Planning Group (WEPG) to act on my behalf and take all actions necessary for the processing, issuance, and acceptance of applicable permit(s) and/or certification(s). Project/Site Name: Project Blue Sky Property Address: NE of Intersection of Swift Rd & Buster Rd, Oakboro NC Parcel Identification Number (PIN): Numerous parcels - please see attached map Select one: I am the current property owner Name: Charlie Ponscheck Company: Oakmont Aquistions Mailing Address: PO Box 35430, Charlotte, NC 28235 Telephone Number: 704-348-5525 Electronic Mail Address: cponscheck@charlottepipe.com Chcz. UP,Fdnvch,e,ck 9-19-2019 Property Owner / Interested Buyer* / Other* Date * The Interested Buyer/Other acknowledges that an agreement and/or formal contract to purchase and/or conduct due diligence activities exists between the current property owner and the signatory of this authorization in cases where the property is not owned by the signatory. Charlotte Office: www.wetlands-epg.com Asheville Office: 10612-D Providence Rd. 1070 Tunnel Rd., Bldg. I PMB 550 Suite 10, PMB 283 Charlotte, NC 28277 Asheville, NC 28805 (704)904-2277 I en. ri ndner@wetlands-epg.com N _rd V) Q ►0 Maps/Plans zD Red Cross Locust SITE Stanfield Aquada le Acres: +/- 415 FIGURE 1 10105119 APPROXIMATE PROJECT BOUNDARY STUDY LIMITS L 1 PROJECT BLUE SKY - OAKBORO Stanly Co., NC VICINITY MAP Subject to USACE/NCDEQ verification Oakboro 'yam Aqua[14, Rd Town Of Oakboro IQ Distract Park Prepared for: Oakmont Acquisitions Drawn By: Reviewed By: DCK I HAC L41 }7. Wayslde Oakbor Ak APPROXIMATE •STUDY LIMITS,. ` Tuscarora is 11 l 74.1 vvt:st Oalkbo'c j � . r / Baptist Churd •*, r r:�. . !lure & t ■ Outlet lot' uN 0. E T - ; .-.Family Me) - _ Parkef.,aofof J c"0/a dr dr r Wetlands and Environmental Planning Leonard S. Rindner, PLLC. len. rindner@wetlands-epg.r( (704)904-2277 ww w. wetl an d s-ep g. to m i APPROXIMATE � "� ■ PROJECT BOUNDARY wo3 STUDY LIMITS - -'- Li bstai lot 0 A51 r _.., i i-■ .`� ` 7 • ■Ilr■!�, mile _- '� f - - r Yam• rh - - •. �i f ; i ff S ,i ■ -++ r ,�- a...��:� _■ •��•• }� I. tom- T, 'iLL�v49 46 ` / N 'A 1 20 f I i y • .w ! .1� ' IsT ep 500 L.e� �- ' COLDWATER am ` �' `- - v I BRANCH ST i� ■ ` r � - r .- " ram. .� -- _ - - •� •' _ �,_ SCALE LOCATION 1`I� h1 _ rr95 fit■ 1:24,000 Lat: 35.2172 °N _l • USGS QUAD t ACRES Long:-80.3443 °W �ti + Oakboro, NC +/-415 HUC: 03040105 T i- Acres: PROJECT BLUE SKY - OAKBORO Prepared for: +/- 415 Stanly Co., NC Oakmont Acquisitions FIGURE 3 USGS MAP Drawn By: Reviewed By: 10/5/19 Subject to USACE/NCDEQ verification DCK HAC �,,� hB r • 13 UaU 4 . 13 lid _ _ + APPROXIMATE s' r f PROJECT BOUNDARY T-A h ti '� r +, h B ti � Kk STUDY LIMITSKPB _ Sal) Kk6 ti % - •r 3a } I ' Gib r f � Mho k cl OC L I r ' � Ba :k) Go rr _ ' ' r 0 a r I r' KkBSac KW # ~'k Ike Go � - : � � -�aE Mrl -J DE[ r G OC k, - aF - ,. _ r % .f B SD �' 11�11�1� •f Acres: PROJECT BLUE SKY - OAKBORO Prepared for: Acquisitions +/-415 StanlyCo., NC Oakmont Acq FIGURE 4a SOIL MANUSCRIPT MAP Drawn By: Reviewed By: 1015119 Subject to USACE/NCDEQ verification DICK HAC �' ' Soil Map—Stanl� County, North Cantina Map Unit Legend Map Unit symboi Map Unti Name Acm In AQI Percent of AOI BaB BadLn channery sill kaam, 2 to 8 percent slopes 61_1 15.0% BaD Badrn channw€ silt toam, 8 to 15 percent slopes ii_3 2_8% GoC C-oldston very channory silt loam_ 4 to 15 percent slopes 50.7 12.5% KkB Kirksey srlt loam, 0 to 6 percent slopes 55.6 13.7% MhB Misenheirver channery silt loam, 0 to 4 percent slopes 226.5 55.7% Water 1.3 0.3% Totals far Area of Interest 40&5 1 iw_a Acres: PROJECT BLUE SKY - OAKBORO +/-415 Stanly Co., NC FIGURE 4b SOIL MANUSCRIPT MAP - LEGEND 1015119 Subject to USACE/NCDEQ verification Prepared for: Oakmont Acquisitions Drawn By: Reviewed By: DCK I HAC li"01, APPROXIMATE PROJECT BOUNDARY —' _+_ �_ _ — -rr I II� STUDY LIMITS qp�R i '•rf �f �f'- 1 F• � �,f f gRQ4/. A 1��-�I gMt�?'Ffr�%{f. z i CLAY 01 AT 7 LI Parcel: 650301076679 r F ~ +r I Duke Power Co C� PO Box 1244 _ — Charlotte NC 28201 f ,►' I fir �� A II Ih I /� � - {•� III f'J Unless otherwise noted, all parcels registered to: Oakmont Acquisition LLC r PO Box 35420 1 Charlotte NC 28235 Acres: PROJECT BLUE SKY - OAKBORO Prepared for: +/ - 415 Stanly Co., NC Oakmont Acquisitions FIGURE 5 TAX PARCEL MAP Drawn By: Reviewed By: 9/13/19 Subject to US4CE/NCDEQ verification DCK HAC , �' Ij��1� �-� PROJECT ���^�\rj� / {�A/souNOARY v ��✓�jv%�/ (TYP) ��\%'� /��f��� _WETLAND 6 �34 AC)C INTERM�TENT g INTERMITTENT JJ STREAM M ,� PROJECT (350 F) �� ( OURNDARY l/ WETLAND L kilo qo ot 66 WETD AW .� STREAM A� 1_ % �_� �� & )(� LAN (0.02 AC) (�( l WETLAND N- INTERMITTENT, % � STREAM O� � WETLAND I, � � �� -� �� (0.03 AC) AWE AND G -� ��� 1���\/ � ���� (2J/ (OPEN A , Gv (0.96 AC) A \ 1 WETLAND E �- raj A PROJECT l V -(0.007 AC) BOUNDAR �( �� �I I L�- �� (0.05 AC)V (_� WETLAND K o� �� `�✓ % �� ���=C/ " PERENNIAL STREALL M P- (1,000LF�STI \ Z �BuSTER R D (R Af \�V� = PROJECT; �LU co j� J� i / ��uuvv. BOUNDARY � �_�- / �� ��� l� � l' ib z (TYP) ���� V �� f N r ;I O v CN �\ on)15 j �1 / v�j _ 1V �� ��%% o00 N I�� 350' 0' 350' 700' 1400' 6 o SCALE: 1 - 700 o — Figure 6 7,�'% _�_��\�� \ g,� INTERMITTENT STREAM M �� PROJECT 1/// ) S7 V� �_ ,� '� (NO PROPOSED IMPACT) J III BOUNDARY/ WETLAND L II'\\( \ ��� (TYP) (NO PROPOSED N \�,,��� ���FUTURECOMMERCIAL IMPACT) Po DEVELOPMENT BY OTHERS ^� ���) \ S \ �'" �J/� oa -✓i �_ PROJECT o BOUNDARY u$ PERMANENT WETLAND /� \ (TYP) o IMPACT (0.034 / �\ (SEE SHEETS 3 & 4) PERMANENT WETLAND IMPACT (0.003 AC) J / 14 TEMPORARY WETLAND IMPACT (0.003 AC)`((( (SEE SHEET 5)l tI/ / `'\,_65' DUKE POWER RNV� \ I 1 (DB 228-137,195) i /ot 150' DUKE POWER oND ( ) \ WETLAND N DB 209-694,216-35 (NO PROPOSED PERMANENT WETLAND IMPACT 1 1 1� / ��, f% IMPACT) / TEMPORARY WETLAND IMPACT (0.012 AC) ' DUKE _\ C <G INTERMITTENT STREAM 49O PERMANENT STREAM IMPACT (54 LF, (SEE SHEET 5) / POWER R/W } (SEE SHEETS 7-8) ,J Ul 6 \\ \J \ �/♦ PROP. SANITARY/ ® % ,� �DSEWER (TYP) i/ FUTURE COMMERCIAL PROJECT \�\\\ \� DEVELOPMENT BY OTHERS 111/) �= / '/ V \\ \S �� BOUNDARY (TYP) - FOUNDRY & �•� �/ I / / .) �� SUPPORT o \� PERMANENT`, �/ \WETLAND IMPACT=� Q I (0.031 AC 0132' DUKEY /I 6 POWER R/W , r \ _ : \1\ (SEE SHEET l /% O / Q �� (DB 250-473) PROJECT rP— ` /) 1 ��-� —(TYP) DARY \� \ 1� / { /� \ / / , �1 \, . /� �I(�� /�� Cn � d a LU PERENNIAL STREAM P� , � �� (� \ — _ %i POND a /, (NO PROPOSED IMPACT) J PROP.' ANITARYLU �?—,))�Jl) ���• l 1� \ `h — % U p Q SEWER (TYP) rl r� J) i\ 1 - `� �,� ((� �,' ,e/� I a o o o 68' DUKE- I \_FUTURE SEWER `;/////y/AD / r\ POWER R/W \ / �I I l`� �\�% i/ll �SR I / /8) � t PUMP STATION 1 - (DB 228-197)— \ ��� LEGEND:LU FUTURE COMMERCIAL %�--�/ �� DEVELOPMENTBYOTHERS ���j 1J�1'/%� ' •" rr `' EXISTING WETLANDS 1)�ll��n! 1 ' i %��/����� LW— `• -•y ` ` (0.838 AC) z PERMANENT WETLAND K�� IMPACT (0.079 AC)00 o o ~ N II O TEMPORARY WETLAND 0 N LL IMPACT (0.015 AC) ¢ o 0 350 0 350 %OO I400—•••—•••—•••— STREAM CENTERLINE a v ID o rn a co N / 6 U L ♦ // I� /��\���` SCALE: I n = %00� (54 LF PERM. IMPACT) a U) Figure 7 65 DUKE POWER R/W "_�j (DB228-137,195) 150' DUKE POWER R/W �(DB 209-694,216-35) \ /� / — — 150'/ — � GP \\ 525 - — 65' \ HW-111 _ PERMANENT WETLAND IMPACT (0.034 AC) (WETLANDB -T 49' O BE FILLED) \' \ \150' DUKE POWER R/W J (DB 209-694,216I35) \ ��••ii// I / 1 IX/ I I 1 DI-104B 49' DUKE \ POWER R/) \ 18 RCP (DB 315-619X 1 EXISTING WETLANDS f- 1 (0.838 AC) PERMANENT WETLAND IMPACT (0.079 AC) TEMPORARY WETLAND IMPACT (0.015 AC) STREAM CENTERLINE (54 LF PERMANENT IMPACT) DI-128 PROP. STORM DRAINAGE (TYP) pcy, �O 1\ \ \\ \ \ ` 60" RCP \ � � / RIP RAP APRON / 3 zS, 1 La=38FT,W=44FT / �� Pnq \ c I dso = 1.2 FT, T = 32.4 IN 1 \ \ IMPACTED WETLAND AREA RIP RAP APRON __ DI-130 J 54" RCP X X �- �211 4 �EXISTING �36" CULVERTS EXIST. TOP OF BANK (TYP.) FL W DIRECTION Z, 1 \ ,,/ ) / � INTERMITTENT � \ LY �---� —STREAM A (625 LF) 0 — � / WE. D EXIST. STREAM, (0.2 AC) FES-7 _ CENTERLINE "A _ Q X 530 530 z Lu J Q 532 � / O QE: a Mry i 525 U o _ LL � U I` OS-7 �� of c: O WET POND #� \ Z Q 1 � � � � W mop Z 52.0 \ u p p i mLu J a0U K W 0] ii z z Y rn Qo o b N /�/� o p N\ z N II O 2 u� LL 50' 0' 50' 100' 200' J SCALE: I" = 100' 0- a 6 U 22 L a ^'' U) Figure 8 PROFILE - WETLANDS EXHIBIT - STORM BYPASS PROFILE " SCALE:1"=60'H&1"=6'V o 545 545 LL ° JB-112 STA: 0+87.89 INV. IN: 524.50 (JB-110) ao 1.4 INV. IN: 524.50 (HW-111) INV. OUT: 523.50 (FES-113) PROP. GRADE 540 1 1 1 1540 HW-111 STA: 0+00.15 INV. OUT: 526.00 (1B-112) FES-113 STA: 1 +71.03 535 INV. IN: 523.08 (JB-112) 535 530 530 Z O U RIP La = d50 = RAP APRON 38 FT, W 1.2 FT, = 44 T = 32.4 FT 1N 525 EXIST. GRADE 520 525 520 w N LU z J o O � Q c O_ U o 1-- _ LL U N d ° Q m m O d v Q O � Y o IMPACTED WETLAND AREA 83.15 LF OF 72" RCP @ 0.50% Nao 87.73 LF OF 60" RCP @ 1.71 %LU 515 515 CL ° 0 N CO O m O 7 m a0 cl 0� N Ln 0+00 SCALE: N N Ln Ln m N Ln Ln m z Z Y U (IfNp F- Z C a ¢a < rn o p r � GD N MM N z W N .0 Q 4k LL @ � �O ocna` a� 1+00 I" = 6' V 3' 0. 3' 2+00 3+00 6' 12' SCALE: 1" = 60' H 30' o, 30' 60' 120' Figure 9 DI-128� Ick r n �m � 10 PROP. SANITARY \ \ DI-129 I SEWER (TYP) \ y LL E / \ A^" u^ Q PERMANENT �Oq WETLANDIMPACT AC) PERMANENT WETLAND IMPACT DI-130 (0.003 J DI-131 / RCP 54" RCP 54" RCP IXIST. TOP OF 5�' , ,• ��F� BANK(TYP.)� ��/�'-��.T.. �• �- 9 .g15 _ A FLOW DIRECilO(S �� • ' '-'� ' 5 ` EXIST. TOP OF INTERMITTENT- •� = �� �� 2p � STREAMA tiBANK(TYP.) (625 LF) A\� 520 _ -TEMPORARY �525 TEMPORARY / WETLAND IMPACT �� \ FES-7 — WETLAND IMPACT-(0.012 AC) ( 5 —��\� 0.003 AC) 30 530 U 3 WETLAND :(0.2 AC) EXIST. STREAM 532 / —CENTERLINE \ r 5 \\ OS-7 I r_:r,2r_:nln- �� EXISTING WETLANDS L- • (0.838 AC) PERMANENT WETLAND IMPACT (0.079 AC) ® TEMPORARY WETLAND IMPACT (0.015 AC) —•••—•••—•••— STREAM CENTERLINE (54 LF PERMANENT IMPACT) 50' 0' 50' 100' 200' SCALE: I" = 100' 00 Z w J W (D 0� -0 Q U Z �._ I— -0 CL -Z Q 00 p jj� a) Z CJ p J LU � m O Y ~ CL 0 Al Y rn U a o r N N a' O O aD F N p 00 z O N II ALL ZO @� clU) Ln ) a ¢ a cn Figure 10 DI-153 PROP. SANITARY SEWER (TYP) FOUNDRY& /777 SUPPORT DI-135 / PERMANENT l - �- \ \1 � WETLAND IMPACT � 6k (0.031 AC) (WETLANDK - TO BE FILLED) 00, PROP. SA TARY S \ SEWER (TYP) DI-140 } / DI-134 \ BO„RCp 536 601, RCP DI-139 68'' DUKE \ �\ I / �� POWER R/W a S 6' 20 s70 POND #2 / OS-4 Q X Z_ w I,-/ Q Q — — U ° U 70 2 Q 1� so9 L� — FLOW N� v D� EC IONS 510 — _ — cn LL c 3670 505 HW-4 _ Q _\\ 500 — m Q If �� \\ EXIST. STREAM \ � � �- \— ♦J (� N ZZ ENT CERLINE / �� _� —� \ U O J WETLAND F 1 \�� \ EXIST. TOP S7�(0.02 AC) L —� V BANK (TYP.)� �\— A Om W 5, S20 PERENNIAL \ / �A CL O U �ASTREAM C A5 A L(� EXIST. TOP OF V RIP RAP APRON BANK (TYP) m La = 9 FT, W = 10.25 FT EXISTING WETLANDS d5p=4IN, T=6.75IN Z L- • (0.838 AC) z PERMANENT WETLAND IMPACT 4 6, (0.079 AC) < o F N o 0 /yam Z N II w — TEMPORARY WETLAND IMPACT p LL (0.015 AC) F o u 50' 0' 50' 100' 200' 0 6 O — STREAM CENTERLINE SCALE: I �� = I ��� a Q o U) a U) (54 LF PERMANENT IMPACT) a U) Figure 11 I PROJECT BOUNDARY (TYP) / N WETLAND N (0.1 AC) \\� I I (NO PROPOSED IMPACT) � -EXISTING CULVERT (TO BE REPLACED) \ 1 1 so FES-178 \ �\ � PROPERTY LINE (TYP) \\ I r_:r,2r_:nln- EXISTING WETLANDS L- • (0.838 AC) PERMANENT WETLAND IMPACT (0.079 AC) — TEMPORARY WETLAND IMPACT (0.015 AC) —•••—•••—•••— STREAM CENTERLINE (54 LF PERMANENT IMPACT) EXIST. ROAD (TYP) 52a . 526 — — 525 _ A� FES-179 l INTERMITTENT STREAM 0 �- 54 LF TOTAL IMPACTS �\ PROJECT -(30 LF CULVERT+ I BOUNDARY a 24 LF RIP RAP INSTALLED — --(TYP) AT EXISTING ELEVATION) \\ INTERMITTENT- -STREAM O —(200 LF) —_ - -EXISTING CULVERT- -(TO BE REPLACED)525`\ 530 CD _ 3 50, 0' 50, 100, 200' SCALE: I" = 100' 1- 00 X W Q W Q U Q ZCL o >, o Q_0 z U o w LL I— V) O� 0z o Q w mo 4-J Q� �O= �Y ° W CLOU Z w in D z Al Y rn U < o r z z N O N W 0M0 O II ALL @ o � co Figure 12 .PROFILE -STORM FES-178 - FES-179 SCALE:1"=60'H&1"=6'V 540 540 �m - rLLa Ao= ems° �v9 PROP. GRADE r� 535 535 FES-178 STA: 0+00.00 530 INV. OUT: 523.11 (FES-179) Z O U FES-179 w w 525 STA: 1 +15.20 525 J INV. IN: 517.58 (FES-178) 0 CL U EXIST. GRADECL 520 520 z_ J 115.20 LF OF 42" RCP @ 4.80% � -0 z Q U c w 515 515 Ln v, W o z RIP RAP APRON ITFF-(TO z �, � Q LU La = 24 FT, W = 27.5 FT m U d50=0.5Fr, T=181N � � N BEIINSTALLIED AT EXISTING �% O 510 BED ELEVATION) 1 510 o Y m I— O 0O0 (9 � CO M LQ a_ U U Z CV q M CV CV M "t o6 co co CV Ln Ln Ln Ln Lf> Lf> In -0+50 0+00 0+50 d 2 1+00 1+50 2+00 2+50 D Z 0 Z Y U (IfNp rn o p r � aD F Z N MM N z W O N � < 4t LL a) SCALE: I" = 6' V 3' 0. 3' 6' 12' SCALE: 1" = 60' H 30' o, 30' 60' 120' a ¢a @ �O ocpa` ) < Figure 13 O .4-J .E v v w O u Ln .Jurisdictional Determination Information WETLAND B -0.034 ac fD r.7ti ro 0 WETLAND AW - 0.02 ac w WETLAND I - 0.03 ac NCDEQ y r r STREAM FORM A 51 OPEN WATER POND Q -0.96ac WETLAND G 0.13 ac c INTERMITTENT STREAM M ✓+�:tl WETLAND N -350 If 0.1 ac ` INTERMITTENT STREAM A 625 If f ' WETLAND N 0.05 ac i 5 INTERMITTENT - STREAM O USACE UPLAND -200 1f FORM DPI NCDEQ �f STREAM � FORM C WETLAND D -0.38 ac PERENNIAL STREAM P -1,000 If WETLAND E 0.007 ac WETLAND K Acres: PROJECT BLUE SKY - OAKBORO Prepared for: +/- 415 Stanly Co., NC Oakmont Aquisitions FIGURE 14 9/11/19 DELINEATION MAP Drawn By: Reviewed By: Updated Subject to USACE/NCDEQ verification NRN HAC iiimp 1219110 �:� f _ 1 '.� •. _ 'k _ li f '-. Ct`1�_ �r�, �'t:-y.':rr:.��1:;. M1 .r.: , ' `? � ,• I � �k 1. �.r M1.. ��.. . � iti . w_ �, ,.� . . - - _ •t'_: t�� r� ..r; 1. - r l `•'+.�--m;:t. 6y". ° �i{AV �. - .. � .' ! 'tiff: - -'.�-- r .' y . ..7 _ ��•j+��. ,.• _ � - t 1 �,x�Rs '� :yam ,� � '�:., g.; L •t � ems..'' _ter.:• �',{ �c- � ._ _5 - i 1 ... .. - .. _. Tom- �-S '�•a ! •�" . _ � \� is v I r:T'�; �'�• Aq Pt �aw i t - +r a �. 5 ' , � • �..���� a �� F . � ' j_ _ `�' � - �_ [ •' �. ■ T '� �� ��rf.1 H 1.y0 L';�t...y]�l�.,. Y•��� ,{���.]�' �/,y,ii L' � ��1 ����.i. •'.� f-�{ .�rly 1r1. '. �•��'.•y � �•:.. `. '�'1��' 1..!�. -'�� �:�1 � �.:; �. .. �..: li � '�i' _',f�:-. i��l;;: �' jl �'. t-:..`re�;��Iy{-1i��1. .V.�i1". C. �/{i�"'S; ..`.r t' , T:r �'�.S �'• Ij �� S •�S. _ .. •-- �.. „_ Hwy-• �.ti:- ,.`d OPEN WATER POND Q - PHOTO 3 '�, .�•. °'il�',�F'; � :; •ryl,.°., •;_�i r .-,y2, �{y¢�-w5:;"':i"�7�a}* - �� �"�i::�. � .. •.3.: .. f�:�. r '..{..:�'�� � f •.f .vs � i.•1ft •' "'�a'3@. :�'?��!'r•ti iC�y.�+.f''``11 ,,q{��'�' . �'. _tea d� 1 :.�F f,;.c . •,!}'y ; :t .Fz ; r � 3' ,� ..F �' ;�, i�r • ::r'; 'r �. .Y�� -. � �'i �'� . �i�fr. sr'c.:. �`- � #' �� �� �d-.[ � .i [a1i i:.• �'-�' .r-.ems >•'��i•s•. 7 •� �.i�r ia.(+''''.�: t�J rr`r 14 F ....:': yAWA Ofir ti ; T f'R' V: WETLAND D - PHOTO 4 Project Blue Sky - Oakboro Stan lyCo., NC-8/2/19, 9/11/19 Wetlands and Environmental Planning Group Leonard S. Rindner. PLLC, v v w Threatened & Endangered Species Report Wetlands and Environmental Planning Group Leonard S. Rindner, PI Threatened / Endangered / Protected Species Evaluation Charlotte Office: 10612-D Providence Rd. PMB 550 Charlotte, NC 28277 (704) 904-2277 I en. ri nd ner@wet Ian ds -epg. co m For: Project Blue Sky- Oakboro Stanly County, North Carolina By: Lisa R. Gaffney, Biologist June 19, 2020 www.wetiands-epg.com Asheville Office: 1070 Tunnel Rd., Bldg. I Suite 10, PMB 283 Asheville, NC 28805 Project Blue Sky — Oakboro - Threatened /Endangered /Protected Species Evaluation GENERAL LANDSCAPE DESCRIPTION: The Project Blue Sky-Oakboro site (+/- 455 acres) is located northwest of Hwy 205, east of Swift Road and south of Silver Road, in Oakboro, Stanly County, North Carolina. It can be found on the Oakboro, NC USGS Topographic Quadrangle Map; latitude is 35.2172 N, longitude is-80.3443 W. The topography is gently to moderately sloped. The elevation ranges from 470 to 570 ft. (Figure 1). The site is a mix of primarily farmland and scattered single family home sites with wooded strip buffers and slopes covered with pastures, hay fields, crop fields, fencerows, dirt roads, homesites, barns, sheds, and is disturbed throughout. Figure 1: APPROXIMATE We l �: • PROJECT BOUNDARY r ` STUDY UMITs ��- - — r Q ${r!}F'�J, '.. `• • ■ , f,••. all. ei: �� � � � L � ►tip ■ Ir' ] �7 .. 5 �. �•'� _ � r'�r:�~�#+; mow. � . % ■ f r ' y r: j, s� � I • u �_ .. _■ _ _ _�._ r:w atloir r ■ lo ;�l ' "WSJ t1� • r� � .. ,•.� t' ' Of I, -'i•+�' i COLF]WATER �y1Ji .i. � f - - ■ ,�. BRAiFCii . l + • ■. y { j SCALE LOCATION - ~ ' f •� - 1:2a,aoa Lat: 35.2172 ° N �i• - UISGS QUAD l y ACRES Long: -83W1 QW Oakhoro, NC ,J_ 455 Wl1C: Q3na01O5 1 , _ .�crcs: PROJECT BLUE SKY -OAKBORO Pre pereofor; . j-11, Stanly Co., NC charlotte Pipe FIGURE 1 USGS MAP Drawn By-, Reviewed Ry: 1W/19 Su6fecrroUSACE/N(I)EQwnfilcarion n('K Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. Project Blue Sky — Oakboro - Threatened /Endangered /Protected Species Evaluation METHODOLOGY: The US Fish and Wildlife Service website httos://www.fws.ciov/raleigh/species/cntylist/nc counties.html was referenced to determine the occurrence of Threatened, Endangered and Protected species for Stanly County, North Carolina, the results of which are listed below (Table 1). Maps and aerial photographs were assembled, and the site was investigated during the weeks of May 25, June 8, and June 15, 2020 Table 1: Threatened / Endangered / Protected Species listed for Stanly County, NC County: Stanly, NC *Source: US Fish & Wildlife Service **Data search on May 25, 2020 Federal Group Name Status Record Status Vascular Schweinitz's sunflower (Helianthus Endangered Current Plants schweinitzii) Vertebrate Northern Long -Eared Bat (Myotis Threatened Probable/Potential septentrionalis) Vertebrate Bald Eagle (Haliaeetus leucocephalus) Protected Current Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. Project Blue Sky — Oakboro - Threatened /Endangered /Protected Species Evaluation SPECIES DESCRIPTIONS: One plant species with federal protection is listed as potentially occurring in Stanly County: • Schweinitz's Sunflower (Helianthus schweinitzii), listed as Federally Endangered, is typically found in open habitats which historically have been maintained by wildfires and grazing bison and elk herds. Now most occurrences are limited to roadsides, woodland and field edges, and utility rights -of -way (ROW). Two animal species with federal protection are listed as potentially occurring in Stanly County: • Bald Eagle (Haliaeetus leucocephalus), protected by the Bald and Golden Eagle Protection Act, typically inhabits forested areas near large bodies of open water such as lakes, marshes, seacoasts and rivers, where there are suitable fish populations and tall trees for nesting and roosting. Northern Long-eared Bat (Myotis septentrionalis), listed as Federally Threatened. During summer, northern long-eared bats roost singly or in colonies underneath bark, in cavities, or in crevices of both live and dead trees. Males and non -reproductive females may also roost in cooler places, like caves and mines. It has also been found, rarely, roosting in structures like barns and sheds. Northern long-eared bats spend winter hibernating in caves and mines, called hibernacula. RESULTS: The site is a mix of primarily farmland and scattered single family home sites with wooded strip buffers and slopes covered with pastures, hay fields, crop fields, fencerows, dirt roads, homesites, barns, and sheds. This entire site has been impacted by land use practices and is disturbed throughout, mainly in the form of residential and cattle farming and agricultural fields. The relatively small portions of wooded areas are mostly dominated by pines and appear to have served as woodland pasture. There is an abundance of edge habitat in the form of roadside and power line rights of way, fencerows and field and lawn edges. The expansive pasture land and hay fields are dominated by forage grasses and common forbs including Fescue (Festuca spp.), Orchardgrass (Dactylis glomerate), Kentucky Bluegrass (Poa pratensis), Timothy -grass (Phleum pratense), Johnson Grass (Sorghum halepense), White clover (Trifolium repens), and Sorghum (Sorghum bicolor). Forbs and weedy species present include Henbit (Lamium amplexicaule), Shepherd's Purse (Capsella bursa-pastoris), Chickweed (Stellaria media), and Speedwell (Veronica filiformis). Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. Project Blue Sky — Oakboro - Threatened /Endangered /Protected Species Evaluation The disturbed mixed hardwoods on the site approximate a Dry-Mesic Oak - Hickory Forest community type, grading into Piedmont/Low Mountain Alluvial Forest in the bottomlands and along the streams. Canopy species are White Oak (Quercus alba), Post Oak (Q. stellata), Red Oak (Q. rubra), Southern Red Oak (Q. falcata), Willow Oak (Q. phellos), Tulip Poplar (Liriodendron tulipifera), Pignut Hickory (Carya glabra), Sweetgum (Liquidambar styraciflua), Hackberry (Celtis laevigata), American Elm (Ulmus americans), and White Ash (Fraxinus americans). Subcanopy species are Flowering Dogwood (Corpus florida), American Holly (Ilex opaca), Mulberry (Morus rubra), Winged Elm (Ulmus alata), Black Cherry (Prunus serotina), Eastern Red Cedar, and Black Gum (Nyssa sylvatica). Shrubs present are Black Haw (Viburnum prunifolium), Heart's-a- burtstin (Euonymus americanus), Blueberry (Vaccinium spp.), Chinese Privet (Ligustrum sinense), and Russian Olive (Elaeagnus angustifolia). Vines present are Japanese Honeysuckle, Virginia Creeper (Parthenocissus quinquefolia), Muscadine (Vitis rotundifolia), Catbrier (Smilax spp.), and Poison Ivy (Toxicodendron radicans). Herbs include Christmas Fern (Polystichum acrostichoides), Ebony Spleenwort (Asplenium platyneuron), Spotted Wintergreen (Chimaphila maculata), Downy Rattlesnake Plantain (Goodyera pubescens), Beardtongue (Penstemon sp.), Solomon's Seal (Polygonatum biflorum) and Japanese Stilt Grass (Microstegium vimineum). Portions of the site, primarily along the fencerows, and in the power line rights -of - way are covered with a sucessional scrub/shrub community composed of pine and hardwood saplings and young trees, and blackberry and woody vine thickets. Dominant species present include Winged Elm, (Ulmus alata), Red Maple (Acer rubrum), Honey Locust (Gleditsia triacanthos), Sweetgum (Liquidambar styraciflua), Shortleaf Pine (Pinus echinata), Virginia Pine (Pinus virginiana), Red Cedar (Juniperus virginiana), Black Cherry (Prunus serotina), Persimmon (Diospyros virginiana), Black Gum (Nyssa sylvatica), Blackberry (Rubus sp.), Russian Olive (Elaeagnus umbellate), Smooth Sumac (Rhus glabra), Groundsel (Baccharis halimifolia), Japanese Honeysuckle (Lonicera japonica), Catbrier (Smilax sp.), and Poison Ivy. (Toxicodendron radicans). The assemblage of plants growing in the transitional areas and roadsides includes Sericea Lespedeza (Lespedeza cuneata), Goldenrod (Solidago sp.), Blackberry, Broomsedge (Andropogon virginicus), Thoroughwort (Eupatorium sp.), Goldenrod, Ragweed (Ambrosia artemisiifolia), Sorrel (Oxalis sp.), Small Woodland Sunflower (Helianthus microcephalus), Sedge (Carex sp.), Blue Eyed Grass (Sisyrinchium sp.) and St. John's Wort (Hypericum punctatum). Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. Project Blue Sky — Oakboro - Threatened /Endangered /Protected Species Evaluation Threatened & Endangered/Protected Species Results All potential habitats for Schweinitz's Sunflower along the roadsides, woods and field edges were examined. None of these habitats had suitable conditions for Schweinitz's Sunflower and the species was not found. No suitable nesting habitat exists on the site for Bald Eagles, and there were no sightings nor were any nesting sites observed. Comparing this site location to the USFWS Asheville office's website (http://www.fws.gov/asheville/htmis/project review/NLEB in WNC.html) it appears that the site meets the "exempt" criteria which requires no further action under section 7 of the Endangered Species Act for the Northern Long-eared Bat. RECOMMENDATIONS: Based on the site investigation and the review of available data, WEPG did not identify any protected species occurring on the subject property. No further investigation of the presence of protected species on this site is recommended at this time. Respectfully submitted, Lisa R. Gaffney Biologist June 19, 2020 Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. Project Blue Sky — Oakboro - Threatened /Endangered /Protected Species Evaluation Curriculum Vitae for: Lisa R. Gaffney Biologist/ Botanist B.S. Biology, University of North Carolina at Charlotte Ms. Gaffney is a classically trained botanist and natural resource biologist and has conducted field work and investigative studies covering thousands of cumulative acres in both North and South Carolina since 1996, including: • Cabarrus County NC Natural Heritage Inventory. Organized, directed, and conducted field survey of natural areas in Cabarrus County for the North Carolina Natural Heritage Program. • Lincoln County NC Natural Heritage Inventory. Organized, directed, and conducted field survey of natural areas in Lincoln County for the North Carolina Natural Heritage Program. • Threatened and Endangered Species Surveys and Natural Communities Evaluation for over 50,000 acres in North and South Carolina, 1996 - present. • Located and identified numerous previously unreported populations of Federally Endangered Schweinitz's Sunflower (Helianthus schweinitzh). • Located and identified numerous previously unreported populations of Threatened Dwarf Heartleaf (Hexastylis naniflora). • Found Schweinitz's Sunflower at Redlair Farm in Gaston County, NC. This discovery led (in part) to the purchase of the site by the State of North Carolina Plant Conservation Program, now called Redlair Preserve. This population has become a Recovery Site for the species. • Participated in numerous Piedmont Prairie restoration projects in Mecklenburg, Union, Cabarrus and Gaston Counties, North Carolina. Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. El Approvals / Authorizations U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2019-02006 County: Stanly U.S.G.S. Quad: NC- Oakboro NOTIFICATION OF JURISDICTIONAL DETERMINATION Requestor: Oakmont Acquisitions Charlie Ponscheck Address: P.O. Box 35420 Charlotte, NC 28235 Telephone Number: 704-348-5525 E-mail: cponscheck(akharlottepipe.com Size (acres) 410 Nearest Town Oakboro Nearest Waterway Rocky River River Basin Upper Pee Dee USGS HUC 03040105 Coordinates Latitude: 35.2172 Longitude:-80.3443 Location description: The review area is located on the north side of NC 205; approximately 1.4 miles southwest of the intersection of NC 205 and Main Street. PIN: 65030176679. Reference review area description shown in Jurisdictional Determination Request package entitled "Figure 1, Vicinity Mad' and Printed Date of 10/05/2019. Indicate Which of the Following Apply: A. Preliminary Determination ® There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The waters, including wetlands have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. The approximate boundaries of these waters are shown on the enclosed delineation map dated 9/11/2019. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. ❑ There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the waters, including wetlands have not been properly delineated, this preliminary jurisdiction determination may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an effective presumption of CWA/RHA jurisdiction over all of the waters, including wetlands at the project area, which is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters, including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. B. Approved Determination ❑ There are Navigable Waters of the United States within the above described project area/property subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in 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. ❑ There are waters, including wetlandson the above described project area/property 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. ❑ We recommend you have the waters, including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. SAW-2019-02006 ❑ The waters, including wetlands on your project area/property have been delineated and the delineation has been verified by the Corps. The approximate boundaries of these waters are shown on the enclosed delineation map dated DATE. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. ❑ The waters, including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below onDATE. 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. ❑ There are no waters of the U.S., to include wetlands, present on the above described project area/property which are subject to the permit requirements of Section 404 of the Clean Water Act (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. ❑ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (LAMA). You should contact the Division of Coastal Management in Morehead City, NC, at (252) 808-2808 to determine their requirements. Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or placement of structures, or work within navigable waters of the United States without a Department of the Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Bryan Roden -Reynolds at 704-510-1440 or brvan.roden-revnoldsnusace.armv.mil. C. Basis For Determination: Basis For Determination: See the preliminary jurisdictional determination form dated 12/15/2019. D. Remarks: None. E. 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 wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. 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 Notification of Appeal Process (NAP) fact sheet and 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: Phillip Shannin, Review Officer 60 Forsyth Street SW, Room 1OM15 Atlanta, Georgia 30303-8801 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 by Not applicable. **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.** RODEN REYNOLDS.BRYAN.KENNETH.1263385574 Digitally signed by RODEN REYNI Corps Regulatory Official: Date- 2019.12.091400726 05'°°' Date of JD: 12/15/2019 Expiration Date of JD: Not applicable SAW-2019-02006 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 http://corpsmapu.usace.army.mil/cm_apex/f?p-136*0 Copy furnished: Agent: Wetlands and Environmental Planning Group Daniel Kuefler Address: 10612-D Providence Road, PMB 550 Charlotte, NC 28277 Telephone Number: 336-554-2728 E-mail: daniel.kuefler(a),wetlands-evE.com NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND 14F REQUEST FOR APPEAL Applicant: Oakmont Acquisitions, Charlie Ponscheck File Number: SAW-2019-02006 Date: 12/15/2019 Attached is: See Section below ❑ INITIAL PROFFERED PERMIT Standard Permit or Letter ofpermission) A ❑ PROFFERED PERMIT Standard Permit or Letter ofpermission) B ❑ PERMIT DENIAL C ❑ 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 or http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPennits.aspx or the 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 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. • 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 II 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 II 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 II of this form and sending the form to the district 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 11- REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED 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 OR INFORMATION: If you have questions regarding this decision and/or the If you only have questions regarding the appeal process you may appeal process you may contact: also contact: District Engineer, Wilmington Regulatory Division Mr. Phillip Shannin, Administrative Appeal Review Officer Attn: Bryan Roden -Reynolds CESAD-PDO Charlotte Regulatory Office U.S. Army Corps of Engineers, South Atlantic Division U.S Army Corps of Engineers 60 Forsyth Street, Room 10M15 8430 University Executive Park Drive, Suite 615 Atlanta, Georgia 30303-8801 Charlotte, North Carolina 28262 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: Bryan Roden -Reynolds, 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. Phillip Shannin, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: 12/15/2019 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Oakmont Acquisitions, Charlie Ponscheck, P.O. Box 35420, Charlotte, NC 28235 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Project Blue Sky, SAW-2019- 02006 D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The review area is located on the north side of NC 205; approximately 1.4 miles southwest of the intersection of NC 205 and Main Street. PIN: 65030176679. Reference review area description shown in Jurisdictional Determination Request package entitled "Figure 1, Vicinity Map" and Printed Date of 10/05/2019. (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: NC County: Stanly City: Oakboro Center coordinates of site (lat/long in degree decimal format): Latitude: 35.2172 Longitude:-80.3443 Universal Transverse Mercator: Name of nearest waterbody: Rocky River E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑ Office (Desk) Determination. Date: ® Field Determination. Date(s): 12/12/ 2019 TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION. Estimated amount of Type of aquatic Geographic authority to Latitude (decimal Longitude (decimal aquatic resources in resources (i.e., which the aquatic resource Site Number degrees) degrees) review area (acreage wetland vs. non - "may be" subject (i.e., and linear feet, if wetland waters) Section 404 or Section applicable 10/404) SEE ATTACHED TABLE 1) The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an approved JD (AJD) for that review area based on an informed decision after having discussed the various types of JDs and their characteristics and circumstances when they may be appropriate. 2) In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre- construction notification" (PCN), or requests verification for a non -reporting NWP or other general permit, and the permit applicant has not requested an AJD for the activity, the permit applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit authorization based on a PJD, which does not make an official determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an AJD could possibly result in less compensatory mitigation being required or different special conditions; (3) the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) undertaking any activity in reliance upon the subject permit authorization without requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AJD or a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it becomes appropriate to make an official determination whether geographic jurisdiction exists over aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic resources in the review area, the Corps will provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that there "may be" waters of the U.S. and/or that there "may be" navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the review area that could be affected by the proposed activity, based on the following information: SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items should be included in subject file. Appropriately reference sources below where indicated for all checked items: ® Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Map: Figures 1-6 ® Data sheets prepared/submitted by or on behalf of the PJD requestor. ® Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. Rationale: ❑ 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: Figure 3, USGS Map (1:24,000 Oakboro, NC) ® Natural Resources Conservation Service Soil Survey. Citation: Figure 4a, Soil Manuscript Map (Soil Survey of Stanly County) ❑ National wetlands inventory map(s). Cite name: ❑ State/local wetland inventory map(s): ❑ FEMA/FIRM maps: ❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929) ® Photographs: ®Aerial (Name & Date): Figure 1, Vicinity Map (Dated 10/05/2019, Figure 2, Aerial Map (ESRI Aerial Imagery), and Figure 6, Delineation Map (Dated 09/11/2019) or ®Other (Name & Date): Photographs 1-6 (Dated 05/14/2018, 08/02/2019, and 09/11/2019) ❑ Previous determination(s). File no. and date of response letter: ® Other information (please specify): Figure 5, Tag Parcel Map (Dated 09/13/2019) and NCDWQ Stream Reach Evaluation Forms (Dated 09/11/2019) IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for later iurisdictional determinations. RODEN Digitally signed by RODEN REYNOLDS.BRYAN.K REYNOLDS.BRYANXENNETH.126 3385574 ENNETH.1 263385574Date: 2019.12.09 14:07:07 -05'00' Signature and date of Regulatory staff member completing PJD 12/15/2019 Signature and date of person requesting PJD (REQUIRED, unless obtaining the signature is impracticable) t 1 Districts may establish timeframes for requester to return signed PJD forms. If the requester does not respond within the established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action. Estimated amount of aquatic Type of aquatic Geographic authority to Latitude Longitude resources in resources (i.e., which the aquatic Feature (decimal (decimal review area wetland vs. resource "may be" degrees) degrees) (acreage and non -wetland subject (i.e., Section linear feet, if waters) 404 or Section 10/404) applicable Intermittent 35.2163 -80.3466 625 FEET Non -wetland 404 Stream A Intermittent 35.2251 -80.3421 350 FEET Non -wetland 404 Stream M Intermittent 35.2211 -80.3349 200 FEET Non -wetland 404 Stream O Perennial 35.2149 -80.3462 2200 FEET Non -wetland 404 Stream C Perennial 35.2177 -80.3363 1000 FEET Non -wetland 404 Stream P Pond Q 35.2147 -80.3499 .5 ACRES Non -wetland 404 Wetland 35.2151 -80.3497 ACRES Wetland 404 AW .05 Wetland B 35.2167 -80.3468 .1 ACRES Wetland 404 Wetland D 35.217 -80.3469 .2 ACRES Wetland 404 Wetland E 35.2146 -80.3461 .05 ACRES Wetland 404 Wetland F 35.2142 -80.3461 .02 ACRES Wetland 404 Wetland G 35.2149 -80.3487 .1 ACRES Wetland 404 Wetland I 35.2153 -80.3503 .01 ACRES Wetland 404 Wetland J 35.2137 -80.3471 .2 ACRES Wetland 404 Wetland K 35.2139 -80.3458 .02 ACRES Wetland 404 Estimated amount of aquatic Type of aquatic Geographic authority to Latitude Longitude resources in resources (i.e., which the aquatic Feature (decimal (decimal review area wetland vs. resource "may be" degrees) degrees) (acreage and non -wetland subject (i.e., Section linear feet, if waters) 404 or Section 10/404) applicable Wetland L 35.2251 -80.3391 .1 ACRES Wetland 404 Wetland N 35.2221 -80.3346 .1 ACRES Wetland 404 CD INTERMITTENT STREAM M WETLAND L N t l 'r ti -350If 0.1 ac WETLAND B `A INTERMITTENTSTREAM A - 625 If WETLAND N f 0.1ac wt. WETLANDI ter'.' � w._ ..ter' � l'� .�L._'��• r l 50.01 ac 1 r fit. INTERMITTENT USA STREAM O WETAND USACE UPLAND r 2001f -- D FORM DPI r `' NCDEQ STREAM FORMA NCDEQ r `ti r —rr STREAM Jf, lrrrr��J FORM C•,r r' WETLAND D PERENNIAL r J r STREAM P L -1,000 If M(4• C WETLAND E 0.05 ac r. OPEN WATER G' WETLAND K POND Q 0.02 ac 0.5 ac _ • I' WETLAND F �'• WETLAND J - 0.02 ac + -0.2 a c c f WETLAND G - 0.1 ac i LEGEND �, l.'•_ a [] Project boundary study limils il �1�I Stream F PERENNIALSTREAM C _ Wetland ~' 2,200 1f Landscape photo direction Acres: PROJECT BLUE SKY - OAKBORO Prepared for: +/- 410 Stanly Co., NC Charlotte Pipe FIGURE 6 DELINEATION MAP Drawn By: Reviewed By: 9111119 Subject to USACE/NCDEQ verification N RN HAC • '