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
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FIGURE
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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:
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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
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OPEN WATER POND Q - PHOTO 3
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Wetlands and Environmental Planning Group
Leonard S. Rindner. PLLC,
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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:
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.�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 • '