HomeMy WebLinkAbout20201103 Ver 1_401 Application_20200827Staff Review
Does this application have all the attachments needed to accept it into the review process?*
r Yes r No
ID#*
20201103
Version* 1
Is this project a public transportation project?* r Yes
r No
Reviewer List:* Alan Johnson:eads\adjohnson1
Select Reviewing Office:* Mooresville Regional Office - (704) 663-1699
Submittal Type:* 401 Application
Does this project require a request for payment to be sent?*
r
Yes
r
No
How much is r $240.00
owed?* r $570.00
Project Submittal Form
Please note: fields marked with a red asterisk below are required. You will not be able to submit the form until all
mandatory questions are answered.
Project Type:* r New Project C New Project w Existing ID
* Pre -Application Submittal (' More Information Response
* Other Agency Comments C Stream or Buffer Appeal
r Re-issuance\Renewal Request c' For the Record Only (Courtesy
Copy)
New Project - Please check the new project type if you are trying to submit a new project that needs an official approval
decision.
Pre -Application Submittal - Please check the pre -application submittal if you just want feedback on your submittal and
do not have the expectation that your submittal will be considered a complete application requiring a formal decision.
More Information Response - Please check this type if you are responding to a request for information from staff and
you have and ID# and version for this response.
Other Agency Comments - Please check this if you are submitting comments on an existing project.
Re-issuance\Renewal Request — Please check this if you are submitting for a re-issuance\renewal prior to expiration
date for the corresponding 401/404. If submitting after the expiration date or if modification needed use New Project with
Existing ID option.
Project Contact Information
Name: W. Brandon Fulton
Who is subrritting the inforrration?
Email Address: bfulton@ecslimited.com
Project Information
Project Name: Equus Kings Mountin Industrial
Is this a public transportation project?
C Yes
(' No
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
C Yes ( No C Unknown
County (ies)
Gaston
Please upload all files that need to be submited.
aick the upload button or drag and drop files here to attach document
Equus Kings Mountain Industrial PCN Submittal-
11.9MB
SAW-2019-02212.pdf
Only pdf or krm files are accepted.
Describe the attachments
or comments:
Please find the attached PCN/request for verification of use of NWP 39 for the Equus Kings Mountain
Industrial project. SAW-2019-02212. Proposed impact of 0.16 acre of wetland.
Sign and Submit
P By checking the box and signing box below, I certify that:
o I have given true, accurate, and complete information on this form;
o I agree that submission of this form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the
"Uniform Electronic Transactions Act")
o I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes
(the "Uniform Electronic Transactions Act');
o I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written
signature; AND
o I intend to electronically sign and submit the online form."
Signature:
�I/- r�J2CY.I�cF�� �lll�dlY
Submittal Date: Is filled in autorratically.
Preliminary ORM Data Entry Fields for New Actions
ACTION ID 4: SAW- SAW-2019-02212 Begin Date (Date Received):
Prepare file folder ❑ Assign Action ID Number in ORM ❑
1. Project Name [PCN Form A2a]: Equus Kings Mountain Industrial
2. Work Type: ZPrivate ❑Institutional ❑Government ZCommercial
3. Project Description / Purpose [PCN Form 133d and 133e]:
Submittal of a NWP 39 for 0.16 acres of permanent jurisdictional wetland impacts. Please see appendices.
4. Property Owner / Applicant [PCN Form A3 or A4]: Equus Capital Partners, Ltd
5. Agent / Consultant [PNC Form A5 — or ORM Consultant ID Number]:
Mr. Brandon Fulton, ECS Southeast LLP
6. Related Action ID Number(s) [PCN Form 135b]: SAW-2019-02212
7. Project Location —Coordinates, Street Address, and/or Location Description [PCN Form Blb]:
300 Woodlake Parkway near Kings Mountain, Gaston County, North Carolina; 35.234326,-81.314771
8. Project Location —Tax Parcel ID [PCN Form Bla]: 3504887379, 3504980153
9. Project Location — County [PCN Form A2b]: Gaston
10. Project Location — Nearest Municipality or Town [PCN Form A2c]: Kings Mountain
11. Project Information — Nearest Waterbody [PCN Form 132a]: Crowders Creek
12. Watershed / 8-Digit Hydrologic Unit Code [PCN Form 132c]: 03050101
Authorization: Section 10 ❑ Section 404 ❑✓
Regulatory Action Type:
Standard Permit
✓ Nationwide Permit 4
Regional General Permit 9
Jurisdictional Determination Request
Section 10 and 404 ❑
Pre -Application Request
Unauthorized Activity
Compliance
No Permit Required
Revised 20150602
ECS SOUTHEAST, LLP
Geotechnical. Construction Materials. Environmental
1812 Center Park Drive, Suite D
Charlotte, North Carolina 28217
Telephone 704-525-5152 Fax 704-357-0023
To Whom It May Concern
Regulatory Specialist
U.S. Army Corps of Engineers
Charlotte Regulatory Satellite Office
Phone: 704-510-1438
LETTER OF TRANSMITTAL
Date: August 27, Tpro
ject No. 49:10388-C
2020
We are sending you the following items via: Electronic Submittal
COPIES
DATED
DESCRIPTION
1
August 27, 2020
Nationwide Permit 39 — PCN Submittal — Equus Kings Mountain Industrial Project
These are transmitted as checked below:
X For your use
As requested
REMARKS
Please find the attached PCN request for NWP 39 for the Equus Kings Mountain Industrial Project near Kings Mountain,
Gaston County, North Carolina. If you have any questions, please contact Brandon Fulton at (704)409-7744 or at
BFulton@ecslimited.com.
COPY TO: Brandon Fulton 8/24/2020
SIGNED: 4 -
0
Ff
�J ECS SOUTHEAST, LLP "Setting the Standard for Service"
Geotechnical • Construction Materials • Environmental • Facilities NC Registered Engineering Firm F-1078
NC Registered Geologists Firm C-406
SC Registered Engineering Firm 3239
August 27, 2020
To Whom It May Concern
Regulatory Specialist
U.S. Army Corps of Engineers
Charlotte Regulatory Satellite Office
Reference: Pre -Construction Notification Application
Request for Nationwide Permit 39 — Commerical and Institutuional Developments
Equus Kings Mountain Industrial Project — SAW-2019-02212
300 Woodlake Parkway
Kings Mountain, Gaston County, North Carolina
ECS Project No.: 49:10388-C
To whom it may concern,
Please find the attached Request for Pre -Construction Notification (PCN) Nationwide Permit 39
for the Equus Kings Mountain Industril Project (SAW-2019-02212). The purpose of the project is
to construct an industrial warehouse with associated parking/drive areas, stormwater
management ponds, and utility infrastructure.
Background
The project site is located at 300 Woodlake Parkway in Kings Mountain, Gaston County, North
Carolina. The site is identified as Gaston County Parcel Identification Numbers (PINs)
3504887379 and 3504980153, consists of approximately 23.71 acres. Based on the information
available, the site consists of undeveloped, heavily wooded land.
The proposed project includes the construction of a 300,000 square foot industrial warehouse
with associated parking/drive areas, stormwater management ponds, and utility infrastructure.
The development plan proposes 0.16 acres of permanent fill impacts of jurisdictional wetlands.
Site Reconnaissance
ECS conducted the site reconnaissance on October 23rd, 2019. During the reconnaissance, the
site was observed for evidence of ponds, tributaries, and wetlands. One potential wetland and
one tributary were observed during the site reconnaissance. The wetland exhibited hydrology
indicators, weak hydrophytic vegetation, and weak hydric soils and was located on the
southwestern boundary of the site. ECS met with Ms. Catherine Janiczak to verify our findings.
Extent and location of the wetland feature is depicted in the attached jurisdictional determination
(JD) for SAW-2019-02212.
Closing
On behalf of Equus Capital Partners, Ltd, ECS respectfully requests the use of NWP 39 to
authorize the permanent fill impacts of 0.16 acres of jurisdictional wetlands. The attached permit
application and associated attachments provide details pertaining to the proposed project
impacts.
ECS Capitol Services, PLLC • ECS Florida, LLC • ECS Mid -Atlantic, LLC • ECS Midwest, LLC • ECS Southeast, LLP • ECS Texas, LLP
www.ecslimited.com
ECS looks forward to your attention to this request. Please contact me at (704) 409-7744
or bfulton(a)ecslimited.com with questions or if additional information is required.
Sincerely,
" i"'LK.
W. Brandon Fulton, LSS, PSC, PWS
Environmental Principal
bfulton(a)ecslimited.com
704-409-7744
Attachments: Preliminary ORM Data Entry Fields for New Actions Form
Agent Authorization
Pre -Construction Notification Form
Appendices
Wetlands Impact Exhibits
Figures 1 — 5
Jurisdictional Determination SAW-2019-02212
USFWS Official Species List
USFWS Final 4(d) Rule for NLEB Verification Letter
NCSHPO GIS
Gaston County Parcels Info
NCWAM Assessment
NCDMS Reservation Letter
2
Eng7S;
ECS SOUTHEAST, LLB E(rJ 0 "1;G f se;',,C f
C.Gnstr_ccj:inn ",,lat vials • ErIvtronmental FacOiites
Property/Site:
Address of Site:
Agent Authorization
4JGa��
Oc" i
,Gi ! dtiY I
Parcel Identification Number (PlN):Pr-'1' '_� �' & .36z�q 'SLO ?2 7 I
Owner Information:
Name:
Address:
Telephone Number:
Fax Number:
E-mail Address:
Property Owner Certification:
G-�L L. LC.
N
f.� iu Lr/c.0 i)LCI CS ( &Q
I, the undersigned, a duly authorized owner of record of the propertylproperties identified herein,
do authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (USACE)
and/ or the North Carolina Division of Water Resources (NCDWR) to enter upon the property
herein described for the purpose of conducting on -site investigations and issuing a
determination associated with Waters of the U.S. subject to Federal/State jurisdiction under
Section 404 and 401 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of
1899. 1 also authorize ECS to act in my behalf in the processing of this request and to furnish
supplemental information in support of this request, including stream/wetiand matters in
coordination with the USACE and the NCDWR field verification and permit application:
Property Owner Signature:
Date:
C_
a`'pF wArE�Q�
fl qqlt:� 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
1 a.
Type(s) of approval sought from the Corps:
❑X Section 404 Permit ❑ Section 10 Permit
1 b. Specify Nationwide Permit (NWP) number: NWP 39 or General Permit (GP) number:
1c.
Has the NWP or GP number been verified by the Corps?
❑X Yes ❑ 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.
❑X Yes ❑X No
1 g.
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:
Equus Kings Mountain Industrial
2b.
County:
Gaston
2c.
Nearest municipality / town:
Kings Mountain
2d.
Subdivision name:
N/A
2e.
NCDOT only, T.I.P. or state project no:
N/A
3.
Owner Information
3a.
Name(s) on Recorded Deed:
Equus Capital Partners, Ltd
3b.
Deed Book and Page No.
N/A
3c.
Responsible Party (for LLC if
applicable):
3d.
Street address:
3843 West Chester Pike
3e.
City, state, zip:
Newton Square, PA 19073
3f.
Telephone no.:
215-575-2436
3g.
Fax no.:
N/A
3h.
Email address:
N/A
Page 1 of 10
PCN Form — Version 1.4 January 2009
4.
Applicant Information (if different from owner)
4a.
Applicant is:
❑X Agent ❑ Other, specify: Developer
4b.
Name:
John Knott III
4c.
Business name
(if applicable):
Equus Capital Partners, Ltd
4d.
Street address:
3843 West Chester Pike
4e.
City, state, zip:
Newton Square, PA 19073
4f.
Telephone no.:
215-575-2436
4g.
Fax no.:
N/A
4h.
Email address:
jknott@bpgltd.com
5.
Agent/Consultant Information (if applicable)
5a.
Name:
Mr. Brandon Fulton
5b.
Business name
(if applicable):
ECS Southeast, LLP
5c.
Street address:
1812 Center Park Drive, Suite D
5d.
City, state, zip:
Charlotte, NC, 28217
5e.
Telephone no.:
(704) 409-7744 (o); (704) 968-5704 (c)
5f.
Fax no.:
5g.
Email address:
bfulton@ecslimited.com
Page 2 of 10
B.
Project Information and Prior Project History
1.
Property Identification
1a.
Property identification no. (tax PIN or parcel ID):
3504887379, 3504980153
1 b.
Site coordinates (in decimal degrees):
Latitude: 35.234326 Longitude:-81.314771
1 c.
Property size:
24 acres
2.
Surface Waters
2a.
Name of nearest body of water to proposed project:
UT to Crowders Creek
2b.
Water Quality Classification of nearest receiving water:
Class C
2c.
River basin:
Catawba
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 project area is located south of the intersection of Country Club Rd and Glenwood Dr in eastern Gastonia. The project area currently consists
primarily of undeveloped, wooded land. The surrounding area contains a mix of residential and commercial uses.
3b.
List the total estimated acreage of all existing wetlands on the property: 0.67
3c.
List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 1,028
3d. Explain the purpose of the proposed project:
See appendices.
3e. Describe the overall project in detail, including the type of equipment to be used:
See appendices.
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): Mr. Jonathan Grubb
Agency/Consultant Company: ECS Southeast
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
SAW-2019-02212
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 ❑ 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
Pine Savanna
Yes
Corps
0.16
W2
Choose one
Choose one
Yes/No
W3
Choose one
Choose one
Yes/No
W4
Choose one
Choose one
Yes/No
W5
Choose one
Choose one
Yes/No
W6
Choose one
Choose one
Yes/No
2g. Total Wetland Impacts:
0.16
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
Choose one
S2
Choose one
S3
Choose one
S4
Choose one
S5
Choose one
S6
Choose one
3h. Total stream and tributary impacts
3i. Comments:
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 ❑X 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
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
See appendices.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
See appendices.
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?
❑X Yes ❑ No
2b.
If yes, mitigation is required by (check all that apply):
❑X DWQ ❑X Corps
2c.
If yes, which mitigation option will be used for this
project?
❑X Mitigation bank
❑X 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.
❑X 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:
0.16 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
1 a.
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 ❑X No
2.
Stormwater Management Plan
2a.
What is the overall percent imperviousness of this project?
54 %
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:
The
City of Kings Mountain will review under Phase II delegation. Site is approximately 54% impervious
2e.
Who will be responsible for the review of the Stormwater Management Plan?
The City of Kings Mountain
3.
Certified Local Government Stormwater Review
3a.
In which localgovernment's jurisdiction is thisproject?
The City of Kings Mountain
❑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):
❑X 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?
❑X Yes ❑ No
5b.
Have all of the 401 Unit submittal requirements been met?
❑X Yes ❑ No
Page 8 of 10
PCN Form — Version 1.4 January 2009
F.
Supplementary Information
1.
Environmental Documentation (DWQ Requirement)
1 a.
Does the project involve an expenditure of public (federal/state/local) funds or the
❑ Yes 0 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 0 No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b.
Is this an after -the -fact permit application?
El Yes 0 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 0 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
will be handled by City of Kings Mountain/Gaston County.
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
❑X Yes ❑ No
impacts?
5c. If yes, indicate the USFWS Field Office you have contacted.
Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
See the attached USFWS species list. See attached verification letter for NLEB. Poor or no habitat was identified for Clemmys muhlenbergii,
Helianthus schweinitzii,or Hexastylis naniflora.
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?
NOAA Essential Fish Habitat Mapper
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?
See the attached NCSHPO GIS imagery.
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?
FEMA FIRM Map Service Center GIS viewer and attached figures.
Brandon Fulton
08-17-2020
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
ECS SOUTHEAST, LLP
"Setting the Standard for Service"
Geotechnical - Construction Materials - Environmental - Facilities NC Registered Engineering Firm F•1078
NC Registered Geologists Firm C-406
SC Registered Engineering Firm 3239
APPENDECIES:
B. Project Information and Prior Project History
3d. Explain the purpose of the project:
This development includes the construction of a 300,000 square foot industrial warehouse with
associated parking/drive areas, stormwater management ponds, and utility infrastructure.
The development plan proposes 0.16 acres of permanent fill impacts of jurisdictional wetlands.
3e. Describe the overall project in detail, including the type of equipment to be used:
This project consists of a proposed 300,000 square foot industrial building designed to provide a
much desired warehouse along the Interstate-85 corridor. The approach to install an aerial
sanitary sewer line over the existing tributary and wetland will allow for minimal temporary
impacts and zero permanent impacts while still achieving the desired utility route to serve the
site. The right-of-way for the aerial sewer line will be hand cleared. The proposed fill slope
within the wetland will allow the avoidance of a large retaining wall. Appropriate high hazard
erosion control measures will be used while the fill slope is placed as well as the minimum use
of machinery to complete the task. Standard construction equipment such as cranes,
excavators, dump trucks, and similar vehicles would be used for the project. Proper erosion and
sedimentation control measures would be employed throughout the project. Typical materials
and machinery will be used on -site during the construction process.
D. Impact Justification and Mitigation
la. Specifically describe measures taken to avoid or minimize the proposed impacts in
designing project:
The site drops off more than 40' from the north-northeast to the existing stream located in the
western portion of the subject property. The existing topography presents a unique challenge to
support the proposed use. As a result of managing the slopes on site, the existing pocket of
wetlands cannot be avoided. The wetlands will be impacted by grading required to raise the site
to the required elevation to construct the warehouse.
A retaining wall outside the wetland boundary was explored in lieu of grading within the wetland;
however, this option was determined to be unfeasible due to the overall cost of the potential
retaining wall.
Avoidance and minimization of waters was performed to the greatest extent possible with
respect to the waters adjacent to site, the 30 foot setback from property line, and the
space/slopes needed to allow successful installment of the proposed project.
ECS Capitol Services, PLLC • ECS Florida, LLC • EC5 Mid -Atlantic. LLC - ECS Midwest, LLC - ECS Southeast, LLP • ECS Texas, LLP
www.ecslimited.com
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through
construction techniaues:
Disturbance of the stream and wetlands shall be minimized to the extent practicable in order for
the proper installation of the facility. The construction techniques shall be conducted in
accordance with NCDENR standards. Temporary and additional erosion control measures shall
be maintained throughout the construction process. Silt fencing will be placed at the bottom of
the slopes to deter sediment and erosion control during roadway development activities.
Temporary erosion, sedimentation, and pollution controls will be installed prior to and
maintained during the entire construction duration and until final stabilization is established.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
Due to the small quantity of wetland impacts, it is the opinion of the applicant the proposed
activities result in minimal adverse environmental effects. A reservation letter from the North
Carolina Division of Mitigation Services is attached for 0.16 acre of wetlands. ECS performed
the North Carolina Wetland Assessment Method (NCWAM) to determine the aquatic function of
the wetland proposed to be impacted. The resulting score from the NCWAM was Low; therefore
the client proposes a mitigation ration of 1:1 for proposed impacts.
2
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2923 S. Tryon Street, Suite 320
Charlotte, NC 28203
phone:704-940-2883
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• • landscape architecture I planning I civil
KINGS MOUNTAIN, NORTH CAROLINA DATE:08.18.20 SCALE: 1"= 150' PROJECT NO. 00662.00nesSubm�I�M1eNC FARM#: P-1007, C-390
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2923 S. Tryon Street, Suite 320
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phone: 704-940-2883
www.bloc-nc.com
• • landscape architecture I planning I civil engineering
KINGS MOUNTAIN, NORTH CAROLINA DATE: 08.18.20 SCALE: 1" = 80' PROJECT NO. 00662.00nesSubm�I�M1eNC FARM#: P-1007, C-390
one ��o,oeoaw ea _w a —WDd&19—D GPM. 1
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2923 S. Tryon Street, Suite 320
Charlotte, NC 28203
phone:704-940-2883
www.bloc-nc.com
• • landscape architecture I planning I civil engineering
KINGS MOUNTAIN, NORTH CAROLINA DATE:08.18.20 SCALE: 1"= 150' PROJECT NO. 00662.00nesSubm�I�M1eNC FARM#: P-1007, C-390
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2923 S. Tryon Street, Suite 320
Charlotte, INC 28203
phone:704-940-2883
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• • landscape architecture I planning I civil
PROJECT NO.: 00662.00 NC FIRM#: P-1007, C-390
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■ � ■ ECS Project No.
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BPG Development
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Woodlake Parkway Site
300 Woodlake Parkway
Kings Mountain, Gaston County,
North Carolina
Title:
USFWS
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ECS Project No.
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FIGURE 5
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U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2019-02212 County: Gaston U.S.G.S. Quad: NC- Kings Mountain
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Requestor:
Pyramid Motor Company, INC
Charles Greer
Address:
227 West Trade Street, Suite 1100
Charlotte, NC 28202
Telephone Number:
704-377-0239
E-mail:
Charles.greer( )t!reerwalker.com
Size (acres)
24 Nearest Town Kings Mountain
Nearest Waterway
Crowders Creek River Basin Santee
USGS HUC
03050101 Coordinates Latitude: 35.234480
Longitude:-81.314781
Location description: The review area is located 0.211 miles Southwest of the intersection of Canterbury Road and Woodlake
Parkwav in Gaston Countv. PIN(s): 3504887379 & 3504980153.
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 12/12/2019. 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 wetlands on 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-2019-02212
❑ 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 on DATE. 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 (CAMA).
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 Catherine M. Janiczak at 704-510-1438 or
C atherine.M.Janiczaknn ,,u sace. armv.mil.
C. Basis For Determination: Basis For Determination: See the preliminary jurisdictional determination
form dated 12/12/2019.
D. Remarks: None.
E. Attention USDA Program Participants
This delineation/determmation 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: Jason Steele, 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.**
Corps Regulatory Official:
Date of JD: 12/12/2019 Expiration Date of JD: Not applicable
SAW-2019-02212
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=136:4:0
Copy furnished:
Agent:
ECS Limited
Jonathan Dale Grubb
Address:
7614 Netherlands Drive
Wilmington, NC 28405
Telephone Number:
919-414-0214
E-mail:
JGrubb(&ecslimited.com
NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: Pyramid Motor Company, INC, Charles
File Number: SAW-2019-02212
Date: 12/12/2019
Greer
Attached
is:
See Section below
❑
INITIAL PROFFERED PERMIT Standard Permit or Letter ofpermission)
A
❑
PROFFERED PERMIT (Standard Permit or Letter of permission)
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.miUMissions/CivilWorks/RegulatoryProgramandPermits.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 Admimistrativc 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 II - 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. Jason Steele, Administrative Appeal Review Officer
Attn: Catherine M. Janiczak
CESAD-PDO
Charlotte Regulatory Office
U.S. Army Corps of Engineers, South Atlantic Division
U.S Army Corps of Engineers
60 Forsyth Street, Room 1 OM15
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 opportum to participate in all site my-csti ations.
Date:
Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: Catherine M. Janiczak, 69 Darlington Avenue, Wilmington, North
Carolina 28403
For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative Appeal
Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8801
Phone: (404) 562-5137
PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD: 12/12/2019
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Pyramid Motor Company, INC, Charles Greer, 227
West Trade Street, Suite 1100,Charlotte, NC 28202
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Woodlake Parkway Site PJD,
SAW-2019-02212
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The review area is located 0.211 miles
Southwest of the intersection of Canterbury Road and Woodlake Parkway in Gaston County. PIN(s): 3504887379 &
3504980153.
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR
AQUATIC RESOURCES AT DIFFERENT SITES)
State: NC County: Gaston City: Kings Mountain
Center coordinates of site (lat/long in degree decimal format): Latitude: 35.234480 Longitude:-81.314781
Universal Transverse Mercator:
Name of nearest waterbody: Crowders Creek
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
Geographic authority to
aquatic resources in
Type of aquatic
which the aquatic resource
Site Number
Latitude (decimal
Longitude (decimal
review area (acreage
resources (i.e.,
11may be" subject (i.e.,
degrees)
degrees)
wetland vs. non -
and linear feet, if
wetland waters)
Section 404 or Section
applicable
10/404)
Wetland 1
35.233359
-81.315838
0.67 acres
Wetland
Sec. 404
Tributary
35.233270
-81.316139
1028 linear feet
Non -wetland
Sec. 404
1
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 orjudicial 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: Figure 6 (Dated 12/12/2019)_
® Data sheets prepared/submitted by or on behalf of the PJD requestor.
® Office concurs with data sheets/delineation report.
❑ Office does not concurwith data sheets/delineation report. Rationale:
❑ Data sheets prepared by the Corps:
❑ Corps navigable waters' study:
❑ U.S. Geological Survey Hydrologic
❑ USGS NHD data.
❑ USGS 8 and 12 digit HUC maps.
® U.S. Geological Survey map(s). Cite scale & quad name: Figure 2 (Dated 10/22/2019)_
® Natural Resources Conservation Service Soil Survey. Citation: Figure 3 (Dated 10/24/2019)
® National wetlands inventory map(s). Cite name: Figure 4 (Dated 10/22/2019)_
❑ 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 6 (Dated 12/12/2019)
or ❑Other (Name & Date):
❑ Previous determination(s). File no. and date of response letter:
❑ Other information (please specify):
IMPORTANT NOTE: The information recorded on this form has not necessarily been
verified by the Corps and should not be relied upon for later Jurisdictional determinations.
L¢ru�2
Signature and date of lator}
staff member completing PJD
12/12/2019
Signature and date of person requesting PJD
(REQUIRED, unless obtaining the signature is
impracticable)1
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.
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Legend
Woodlake Project Study Are
Potential Tributary
Potential Wetland
Wetland Data Forms
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United States Department of the Interior
FISH AND WILDLIFE SERVICE
Asheville Ecological Services Field Office
160 Zillicoa Street
Asheville, NC 28801-1082
Phone: (828) 258-3939 Fax: (828) 258-5330
http://www.fws.gov/nc-es/es/couMfr.html
In Reply Refer To:
Consultation Code: 04EN1000-2020-TA-0881
Event Code: 04EN1000-2020-E-02082
Project Name: Equus Kings Mountain Industrial
August 17, 2020
Subject: Verification letter for the 'Equus Kings Mountain Industrial' project under the January
5, 2016, Programmatic Biological Opinion on Final 4(d) Rule for the Northern Long-
eared Bat and Activities Excepted from Take Prohibitions.
Dear Andrew Knight:
The U.S. Fish and Wildlife Service (Service) received on August 17, 2020 your effects
determination for the 'Equus Kings Mountain Industrial' (the Action) using the northern long-
eared bat (Myotis septentrionalis) key within the Information for Planning and Consultation
(IPaC) system. This IPaC key assists users in determining whether a Federal action is consistent
with the activities analyzed in the Service's January 5, 2016, Programmatic Biological Opinion
(PBO). The PBO addresses activities excepted from "take"M prohibitions applicable to the
northern long-eared bat under the Endangered Species Act of 1973 (ESA) (87 Stat.884, as
amended; 16 U.S.C. 1531 et seq.).
Based upon your IPaC submission, the Action is consistent with activities analyzed in the PBO.
The Action may affect the northern long-eared bat; however, any take that may occur as a result
of the Action is not prohibited under the ESA Section 4(d) rule adopted for this species at 50
CFR §17.40(o). Unless the Service advises you within 30 days of the date of this letter that your
IPaC-assisted determination was incorrect, this letter verifies that the PBO satisfies and
concludes your responsibilities for this Action under ESA Section 7(a)(2) with respect to the
northern long-eared bat.
Please report to our office any changes to the information about the Action that you submitted in
IPaC, the results of any bat surveys conducted in the Action area, and any dead, injured, or sick
northern long-eared bats that are found during Action implementation. If the Action is not
completed within one year of the date of this letter, you must update and resubmit the
information required in the IPaC key.
08/17/2020 Event Code: 04EN1000-2020-E-02082
This IPaC-assisted determination allows you to rely on the PBO for compliance with ESA
Section 7(a)(2) only for the northern long-eared bat. It does not apply to the following ESA -
protected species that also may occur in the Action area:
• Bog Turtle, Clemmys muhlenbergii (Similarity of Appearance (Threatened))
• Dwarf -flowered Heartleaf, Hexastylis nani flora (Threatened)
• Schweinitz's Sunflower, Helianthus schweinitzii (Endangered)
If the Action may affect other federally listed species besides the northern long-eared bat, a
proposed species, and/or designated critical habitat, additional consultation between you and this
Service office is required. If the Action may disturb bald or golden eagles, additional
coordination with the Service under the Bald and Golden Eagle Protection Act is recommended.
[1]Take means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to
attempt to engage in any such conduct [ESA Section 3(19)].
08/17/2020 Event Code: 04EN1000-2020-E-02082
3
Action Description
You provided to IPaC the following name and description for the subject Action.
1. Name
Equus Kings Mountain Industrial
2. Description
The following description was provided for the project'Equus Kings Mountain Industrial':
The project site consists of approximately 23.71 acres and is located at 300
Woodlake Parkway in Kings Mountain, Gaston County, North Carolina. This
project consists of a proposed 300,000 square foot industrial building designed to
provide a much desired warehouse along the Interstate-85 corridor.
Approximate location of the project can be viewed in Google Maps: https://www.google.com/
maps/place/35.234382459794375N81.31440656206175W
k�
r�fvrP�uy ��
Determination Key Result
This Federal Action may affect the northern long-eared bat in a manner consistent with the
description of activities addressed by the Service's PBO dated January 5, 2016. Any taking that
may occur incidental to this Action is not prohibited under the final 4(d) rule at 50 CFR
§17.40(o). Therefore, the PBO satisfies your responsibilities for this Action under ESA Section
7(a)(2) relative to the northern long-eared bat.
Determination Key Description: Northern Long-eared Bat 4(d) Rule
This key was last updated in IPaC on May 15, 2017. Keys are subject to periodic revision.
08/17/2020 Event Code: 04EN1000-2020-E-02082
4
This key is intended for actions that may affect the threatened northern long-eared bat.
The purpose of the key for Federal actions is to assist determinations as to whether proposed
actions are consistent with those analyzed in the Service's PBO dated January 5, 2016.
Federal actions that may cause prohibited take of northern long-eared bats, affect ESA -listed
species other than the northern long-eared bat, or affect any designated critical habitat, require
ESA Section 7(a)(2) consultation in addition to the use of this key. Federal actions that may
affect species proposed for listing or critical habitat proposed for designation may require a
conference under ESA Section 7(a)(4).
08/17/2020 Event Code: 04EN1000-2020-E-02082 5
Determination Key Result
This project may affect the threatened Northern long-eared bat; therefore, consultation with the
Service pursuant to Section 7(a)(2) of the Endangered Species Act of 1973 (87 Stat.884, as
amended; 16 U.S.C. 1531 et seq.) is required. However, based on the information you provided,
this project may rely on the Service's January 5, 2016, Programmatic Biological Opinion on
Final 4(d) Rule for the Northern Long -Eared Bat and Activities Excepted from Take Prohibitions
to fulfill its Section 7(a)(2) consultation obligation.
Qualification Interview
1. Is the action authorized, funded, or being carried out by a Federal agency?
Yes
2. Have you determined that the proposed action will have "no effect" on the northern long-
eared bat? (If you are unsure select "No")
No
3. Will your activity purposefully Take northern long-eared bats?
No
4. [Semantic] Is the project action area located wholly outside the White -nose Syndrome
Zone?
Automatically answered
No
5. Have you contacted the appropriate agency to determine if your project is near a known
hibernaculum or maternity roost tree?
Location information for northern long-eared bat hibernacula is generally kept in state
Natural Heritage Inventory databases — the availability of this data varies state -by -state.
Many states provide online access to their data, either directly by providing maps or by
providing the opportunity to make a data request. In some cases, to protect those resources,
access to the information may be limited. A web page with links to state Natural Heritage
Inventory databases and other sources of information on the locations of northern long-
eared bat roost trees and hibernacula is available at www.fws.gov/midwest/endangered/
mammals/nleb/nhisites.html.
Yes
08/17/2020 Event Code: 04EN1000-2020-E-02082 6
6. Will the action affect a cave or mine where northern long-eared bats are known to
hibernate (i.e., hibernaculum) or could it alter the entrance or the environment (physical or
other alteration) of a hibernaculum?
No
7. Will the action involve Tree Removal?
Yes
8. Will the action only remove hazardous trees for the protection of human life or property?
No
9. Will the action remove trees within 0.25 miles of a known northern long-eared bat
hibernaculum at any time of year?
No
10. Will the action remove a known occupied northern long-eared bat maternity roost tree or
any trees within 150 feet of a known occupied maternity roost tree from June 1 through
July 31?
No
08/17/2020 Event Code: 04EN1000-2020-E-02082
Project Questionnaire
If the project includes forest conversion, report the appropriate acreages below.
Otherwise, type Win questions 1-3.
1. Estimated total acres of forest conversion:
24
2. If known, estimated acres of forest conversion from April 1 to October 31
0
3. If known, estimated acres of forest conversion from June 1 to July 31
0
If the project includes timber harvest, report the appropriate acreages below.
Otherwise, type Win questions 4-6.
4. Estimated total acres of timber harvest
U
5. If known, estimated acres of timber harvest from April 1 to October 31
0
6. If known, estimated acres of timber harvest from June 1 to July 31
0
If the project includes prescribed fire, report the appropriate acreages below.
Otherwise, type Win questions 7-9.
7. Estimated total acres of prescribed fire
0
8. If known, estimated acres of prescribed fire from April 1 to October 31
0
9. If known, estimated acres of prescribed fire from June 1 to July 31
0
If the project includes new wind turbines, report the megawatts of wind capacity
below. Otherwise, type Win question 10.
08/17/2020 Event Code: 04EN1000-2020-E-02082
10. What is the estimated wind capacity (in megawatts) of the new turbine(s)?
Equus Kings Mountain Industrial
8/17/2020, 10:40:32 AM 1:36,112
0 0.25 0.5 1 mi
Local districts & boundaries Local Landmark, Gone Surveyed Only individual resources & centerpoints
Local individual resources & centerpoints Local HD Center Point Surveyed Only 0 0.4 0.8 1.6 km
Local Landmark Surveyed in NRHD Source: Esri, Maxar, GeoEye, Earthstar Geographics, CNES/Airbus DS,
North Carolina State Historic Preservation Office
NC CGIA USDA FSA
t
OMER1U M
Primary Property Address
NO ASSIGNED ADDRESS
Tax Information
PARCEL #: 154266
PIN #:3504887379
CURRENT OWNERS: J O PLONK SR LLC
MAILING ADDRESS: C/O MARY LOU WARE
1214 WALES RD, KINGS MOUNTAIN, NC
28086-0000
JANUARY 1ST OWNERS: J O PLONK SR LLC
NBHD #: CM004
NBHD NAME: INDUSTRIAL CANTERBURY
TOWNSHIP: CROWDERS MTN TOWNSHIP
LEGAL DESC:. 11 049 007 00 000
Tax Information
DEED BOOK: 4476 PAGE: 0711
DEED RECORDING DATE: 7/27/2009
SALES AMOUNT: $0
PLAT BOOK: PAGE:
STRUCTURE TYPE:
YEAR BUILT: 0
SQUARE FOOTAGE: 0
BASEMENT. NO
BED:0 BATH:0 HALF -BATH:
MULTI -STRUCTURES: NO
ACREAGE: 13.32
TAX DISTRICT. KINGS MTN CITY
VOLUNTARY AG DISTRICT: NO
PROPERTY USE: INDUSTRIAL
Tax Values
MARKET LAND VALUE: $183,200
MARKET IMPR. VALUE: $O
MARKET VALUE: $183,200
FARM DISCOUNT. NO
EXEMPTION: NO
TAXABLE VALUE: $183,200
Election Information
PRECINCT NAME: CROWDERS MTN.
POLLING PLACE: PISGAH ARP FAMILY LIFE
OUTREACH CENTER
POLLING ADDRESS: 3600 LINWOOD RD
WARD #: 3
CONGRESS REPRESENTATIVE: MEMBER
PATRICK MCHENRY
CONGRESSIONAL DISTRICT: 10
HOUSE REPRESENTATIVE:
REPRESENTATIVE KELLY E. HASTINGS (REP)
HOUSE DISTRICT: 110
SENATOR: SENATOR KATHY HARRINGTON
(REP)
SENATE DISTRICT: 43
Parcel Information
POLICE DISTRICT: KINGS MOUNTAIN
FIRE DISTRICT: KINGS MTN
FLOOD:
LOCAL WATERSHED: CROWDERS CREEK
CENSUS TRACT: 317.01
Disclaimer: The information provided is not to be considered as a legal document or description. The map & parcel data is believed to be accurate, but
Gaston County does not guarantee its accuracy. Values shown are as of January 1, 2019. - Document created for printing on 10/8/2018
Primary Property Address
NO ASSIGNED ADDRESS
Tax Information
PARCEL #: 154337
PIN #:3504980153
CURRENT OWNERS: PMC HOLDINGS LLC
MAILING ADDRESS: C/O CHARLES GREER
227 W TRADE ST SUITE 1100, CHARLOTTE,
NC 28202-0000
JANUARY 1ST OWNERS: PMC HOLDINGS
LLC
NBHD #: CM004
NBHD NAME: INDUSTRIAL CANTERBURY
TOWNSHIP: CROWDERS MTN TOWNSHIP
LEGAL DESC:. 11 050 019 00 000
Tax Information
DEED BOOK: 4107 PAGE: 0884
DEED RECORDING DATE: 3/11/2005
SALES AMOUNT: $1,275,000
PLAT BOOK: PAGE:
STRUCTURE TYPE:
YEAR BUILT: 0
SQUARE FOOTAGE: 0
BASEMENT. NO
BED:0 BATH:0 HALF -BATH:
MULTI -STRUCTURES: NO
ACREAGE: 10.39
TAX DISTRICT. KINGS MTN CITY
VOLUNTARY AG DISTRICT: NO
PROPERTY USE: INDUSTRIAL
Tax Values
MARKET LAND VALUE: $34,630
MARKET IMPR. VALUE: $0
MARKET VALUE: $34,630
FARM DISCOUNT. NO
EXEMPTION: NO
TAXABLE VALUE: $34,630
11
i• .
Election Information
PRECINCT NAME: CROWDERS MTN.
POLLING PLACE: PISGAH ARP FAMILY LIFE
OUTREACH CENTER
POLLING ADDRESS: 3600 LINWOOD RD
WARD #: 3
CONGRESS REPRESENTATIVE: MEMBER
PATRICK MCHENRY
CONGRESSIONAL DISTRICT: 10
HOUSE REPRESENTATIVE:
REPRESENTATIVE KELLY E. HASTINGS (REP)
HOUSE DISTRICT: 110
SENATOR: SENATOR KATHY HARRINGTON
(REP)
SENATE DISTRICT: 43
Parcel Information
POLICE DISTRICT: KINGS MOUNTAIN
FIRE DISTRICT: KINGS MTN
FLOOD:
LOCAL WATERSHED: CROWDERS CREEK
CENSUS TRACT: 317.01
Disclaimer: The information provided is not to be considered as a legal document or description. The map & parcel data is believed to be accurate, but
Gaston County does not guarantee its accuracy. Values shown are as of January 1, 2019. - Document created for printing on 10/8/2018
8/17/2020 IPaC: Explore Location
IPaC U.S. Fish & Wildlife Service
Last login August 17, 2020 08:11 AM MDT
IPaC resource list
This report is an automatically generated list of species and other resources such as critical habitat (collectively referred to as
trust resources) under the U.S. Fish and Wildlife Service's (USFWS)jurisdiction that are known or expected to be on or near the
project area referenced below. The list may also include trust resources that occur outside of the project area, but that could
potentially be directly or indirectly affected by activities in the project area. However, determining the likelihood and extent of
effects a project may have on trust resources typically requires gathering additional site -specific (e.g., vegetation/species surveys)
and project -specific (e.g., magnitude and timing of proposed activities) information.
Below is a summary of the project information you provided and contact information for the USFWS office(s) with jurisdiction in
the defined project area. Please read the introduction to each section that follows (Endangered Species, Migratory Birds, USFWS
Facilities, and NWI Wetlands) for additional information applicable to the trust resources addressed in that section.
Location
Gaston County, North Carolina
1
�a
If
Local office
0'?4*A-
Asheville Ecological Servic F d
(828) 258-3939
JEJ (828) 258-5330
160 Zillicoa Street
Asheville, NC 28801-1082
LNP-://www.fws.gov/nc-es/es/countyLr.html
G��cJv
https://ecos.fws.gov/ipac/location/VKCTYRAKKFDK7PJTRR5BVFE2PY/resources 1/5
8/17/2020 IPaC: Explore Location
Endangered species
This resource list is for informational purposes only and does not constitute an analysis of project level impacts.
The primary information used to generate this list is the known or expected range of each species. Additional areas of influence
(AOI) for species are also considered. An AOI includes areas outside of the species range if the species could be indirectly affected
by activities in that area (e.g., placing a dam upstream of a fish population, even if that fish does not occur at the dam site, may
indirectly impact the species by reducing or eliminating water flow downstream). Because species can move, and site conditions
can change, the species on this list are not guaranteed to be found on or near the project area. To fully determine any potential
effects to species, additional site -specific and project -specific information is often required.
Section 7 of the Endangered Species Act requires Federal agencies to "request of the Secretary information whether any species
which is listed or proposed to be listed may be present in the area of such proposed action" for any project that is conducted,
permitted, funded, or licensed by any Federal agency. A letter from the local office and a species list which fulfills this requirement
can only be obtained by requesting an official species list from either the Regulatory Review section in IPaC (see directions below)
or from the local field office directly.
For project evaluations that require USFWS concurrence/review, please return to the IPaC website and request an official species
list by doing the following:
1. Draw the project location and click CONTINUE.
2. Click DEFINE PROJECT.
3. Log in (if directed to do so).
4. Provide a name and description for your project.
S. Click REQUEST SPECIES LIST.
Listed species! and their critical habitats are managed by the Ecological Services Program of the U.S. Fish and Wildlife Service
(USFWS) and the fisheries division of the National Oceanic and Atmospheric Administration (NOAA Fisheries).
Species and critical habitats under the sole responsibility of NOAA Fisheries are not shown on this list. Please contact NOAA
Fisheries for species under their jurisdiction.
1. Species listed under the Endangered Species Act are threatened or endangered; IPaC also shows species that are candidates,
or proposed, for listing. See the listing status page for more information.
2. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and
Atmospheric Administration within the Department of Commerce.
The following species are potentially affected by activities in this location:
Mammals
NAME % k STATUS
Northern Long-eared Bat Myotis septentrionalis Threatened
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp/species/9045
Reptiles
NAME STATUS
Bog Turtle Clemmys muhlenbergii SAT
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp/species/6962
Flowering Plants
NAME STATUS
Dwarf -flowered Heartleaf Hexastylis naniflora Threatened
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp/species/2458
https://ecos.fws.gov/ipac/location/VKCTYRAKKFDK7PJTRR5BVFE2PY/resources 2/5
8/17/2020 IPaC: Explore Location
Schweinitz's Sunflower Helianthus schweinitzii Endangered
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp/species/3849
Critical habitats
Potential effects to critical habitat(s) in this location must be analyzed along with the endangered species themselves.
THERE ARE NO CRITICAL HABITATS AT THIS LOCATION.
Migratory birds
Certain birds are protected under the Migratory Bird Treaty Act! and the Bald and Golden Eagle Protection Act: .
Any person or organization who plans or conducts activities that may result in impacts to migratory birds, eagles, and their
habitats should follow appropriate regulations and consider implementing appropriate conservation measures, as described
below.
1. The Migratory Birds Treaty Act of 1918.
2. The Bald and Golden Eagle Protection Act of 1940.
Additional information can be found using the following links:
• Birds of Conservation Concern httr)://www.fws.L-ov/birds/management/maned sL/
birds-of-conservation-concern.php V,
Measures for avoiding and minimizing impacts to birds http://ww anagement/proje,
guidance/
conservation-measures.php
Nationwide conservation measures for birds
http://www.fws.gov/migraiorybirds/pdf/management/na idestandardconservationmeasures.pdf
MIGRATORY BIRD INFORMATION IS N VAILABLE ATTHIS TIME
<400
Tell me more about conservation measures I can implement to avoid or minimize impacts to migratory birds.
Nationwide Conservatio Measures describes measures that can help avoid and minimize impacts to all birds at any location year round.
Implem�aentation of these easurer is particularly important when birds are most likely to occur in the project area. When birds may be breeding in
the area, identifying the locations of any active nests and avoiding their destruction is a very helpful impact minimization measure. To see when birds
are most likely to occur and be breeding in your project area, view the Probability of Presence Summary. Additional measures and/or permits may be
advisable depending on the type of activity you are conducting and the type of infrastructure or bird species present on your project site.
What does IPaC use to generate the migratory birds potentially occurring in my specified location?
The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern (BCC) and other species that may warrant special attention in
your project location.
The migratory bird list generated for your project is derived from data provided by the Avian Knowledge Network (AKN). The AKIN data is based on a
growing collection of survey, banding, and citizen science datasets and is queried and filtered to return a list of those birds reported as occurring in
the 10km grid cell(s) which your project intersects, and that have been identified as warranting special attention because they are a BCC species in
that area, an eagle (Eagle Act requirements may apply), or a species that has a particular vulnerability to offshore activities or development.
Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your project area. It is not representative of all birds that may
occur in your project area. To get a list of all birds potentially present in your project area, please visit the AKIN Phenology Tool.
What does IPaC use to generate the probability of presence graphs for the migratory birds potentially occurring in my specified location?
The probability of presence graphs associated with your migratory bird list are based on data provided by the Avian Knowledge Network (AKN). This
data is derived from a growing collection of survey, banding, and citizen science datasets .
Probability of presence data is continuously being updated as new and better information becomes available. To learn more about how the
probability of presence graphs are produced and how to interpret them, go the Probability of Presence Summary and then click on the "Tell me
about these graphs" link.
https://ecos.fws.gov/ipac/location/VKCTYRAKKF DK7PJTRR5BVFE2PY/resources
3/5
r-firlpkeykel
IPaC: Explore Location
How do I know if a bird is breeding, wintering, migrating or present year-round in my project area?
To see what part of a particular bird's range your project area falls within (i.e. breeding, wintering, migrating or year-round), you may refer to the
following resources: The Cornell Lab of Ornithology All About Birds Bird Guide, or (if you are unsuccessful in locating the bird of interest there), the
Cornell Lab of Ornithology Neotropical Birds guide. If a bird on your migratory bird species list has a breeding season associated with it, if that bird
does occur in your project area, there may be nests present at some point within the timeframe specified. If "Breeds elsewhere" is indicated, then
the bird likely does not breed in your project area.
What are the levels of concern for migratory birds?
Migratory birds delivered through IPaC fall into the following distinct categories of concern:
1. "BCC Rangewide" birds are Birds of Conservation Concern (BCC) that are of concern throughout their range anywhere within the USA (including
Hawaii, the Pacific Islands, Puerto Rico, and the Virgin Islands);
2. "BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation Regions (BCRs) in the continental USA; and
3. "Non -BCC - Vulnerable" birds are not BCC species in your project area, but appear on your list either because of the Eagle Act requirements (for
eagles) or (for non -eagles) potential susceptibilities in offshore areas from certain types of development or activities (e.g. offshore energy
development or longline fishing).
Although it is important to try to avoid and minimize impacts to all birds, efforts should be made, in particular, to avoid and minimize impacts to the
birds on this list, especially eagles and BCC species of rangewide concern. For more information on conservation measures you can implement
help avoid and minimize migratory bird impacts and requirements for eagles, please see the FAQs for these topics.
Details about birds that are potentially affected by offshore projects
For additional details about the relative occurrence and abundance of both individual bird species and groups of bird species within your project
area off the Atlantic Coast, please visit the Northeast Ocean Data Portal. The Portal also offers data and information about other taxa besides birds
that may be helpful to you in your project review. Alternately, you may download the bird model results files underlyingthe portal maps through the
Shelf project webpage. %I
Bird tracking data can also provide additional details about occurrence and habitat use throughout the yea�Oncluding migration. Models relying on
survey data may not include this information. For additional information on marine d tracki g�dat , see the Diving Bird Study and the nanotag
studies or contact Caleb Spiegel or Pam Loring.
What if I have eagles on my list?
If your project has the potential to disturb or kill eagles, yo
Proper Interpretation and Use of Your Migrat61Bi7d Re
to avoid violating the Eagle Act should such impacts occur.
The migratory bird list generated is not a list of all birds in your project area, only a subset of birds of priority concern. To learn more about how your
list is generated, and see options for identifying what other birds may be in your project area, please see the FAQ "What does IPaC use to generate
the migratory birds potentially occurring in my specified location". Please be aware this report provides the "probability of presence" of birds within
the 10 km grid cell(s) theoverlap your project; not your exact project footprint. On the graphs provided, please also look carefully at the survey
effort (indicated bythe black vertical bar) and for the existence of the "no data" indicator (a red horizontal bar). A high survey effort is the key
component. If the survey effort is high, then the probability of presence score can be viewed as more dependable. In contrast, a low survey effort bar
or no data bar means a lack of data and, therefore, a lack of certainty about presence of the species. This list is not perfect; it is simply a starting
pgint for identifying what birds of concern have the potential to be in your project area, when they might be there, and if they might be breeding
(which means nests might be present). The list helps you know what to look for to confirm presence, and helps guide you in knowing when to
implement Tonservation measures to avoid or minimize potential impacts from your project activities, should presence be confirmed. To learn more
about Conservation measures, visit the FAQ "Tell me about conservation measures I can implement to avoid or minimize impacts to migratory birds"
at the bottom of your migratory bird trust resources page.
Facilities
National Wildlife Refuge lands
Any activity proposed on lands managed by the National Wildlife Refuge system must undergo a 'Compatibility Determination'
conducted by the Refuge. Please contact the individual Refuges to discuss any questions or concerns.
THERE ARE NO REFUGE LANDS AT THIS LOCATION.
https://ecos.fws.gov/ipac/location/VKCTYRAKKFDK7PJTRR5BVFE2PY/resources 4/5
8/17/2020 IPaC: Explore Location
Fish hatcheries
THERE ARE NO FISH HATCHERIES AT THIS LOCATION.
Wetlands in the National Wetlands Inventory
Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under Section 404 of the Clean Water Act, or
other State/Federal statutes.
For more information please contact the Regulatory Program of the local U.S. Army Corps of Engineers District.
Please note that the NWI data being shown may be out of date. We are currently working to update our NWI data set. We
recommend you verify these results with a site visit to determine the actual extent of wetlands on site.
This location overlaps the following wetlands:
RIVERINE
R4SBC
A full description for each wetland code can be found at the National Wetlands Inventory, website
Data limitations 00
The Service's objective of mapping wetlands and deepwater habitats is to produce reconnaissanc I el infor do on the location, type and size of
these resources. The maps are prepared from the analysis of high altitude imagery. Wetland`s are e fied bas on vegetation, visible hydrology
and geography. A margin of error is inherent in the use of imagery; thus, detailed on-the-grou d in e f any particular site may result in
revision of the wetland boundaries or classification established through image analysis. "
The accuracy of image interpretation depends on the quality of the imagery, the experience t�f the image analysts, the amount and quality of the
collateral data and the amount of ground truth verification work con ct�d. lyletadata should be consulted to determine the date of the source
imagery used and any mapping problems. �'
Wetlands or other mapped features may have changed since the date cloirnagery or field work. There may be occasional differences in polygon
boundaries or classifications between the information depicted on the map and the actual conditions on site.
Data exclusions s
� <Z11-
Certain wetland habitats are excluded from the 4ional mapping program because of the limitations of aerial imagery as the primary data source
used to detect wetlands. These habitats include seagrasses or submerged aquatic vegetation that are found in the intertidal and subtidal zones of
estuaries and nearshorecoastafwaters. Some deepwater reef communities (coral or tuberficid worm reefs) have also been excluded from the
inventory. These habitats, because of their depth, go undetected by aerial imagery.
Data precautions
Federal, state, and local regulatory agencies with jurisdiction over wetlands may define and describe wetlands in a different manner than that used in
this Npntory. There is no attempt, in either the design or products of this inventory, to define the limits of proprietary jurisdiction of any Federal,
state, or local government or to establish the geographical scope of the regulatory programs of government agencies. Persons intending to engage in
activities involving modifications within or adjacent to wetland areas should seek the advice of appropriate federal, state, or local agencies
concerning specified agency regulatory programs and proprietary jurisdictions that may affect such activities.
https://ecos.fws.gov/ipac/location/VKCTYRAKKFDK7PJTRR5BVFE2PY/resources 5/5
NC WAM WETLAND ASSESSMENT FORM
Accompanies User Manual Version 5
USACE AID#: NCDWR #:
Project Name Equus Kings Mountain Industrial Site Date of Evaluation December 12, 2019
Applicant/Owner Name Equus Capital Partners, LTD Wetland Site Name Wetland 1
Wetland Type Headwater Forest Assessor Name/Organization ECS Southeast, LIP
Level III Ecoregion Piedmont Nearest Named Water Body Crowders Creek
River Basin Catawba USGS 8-Digit Catalogue Unit 03050101
County Gaston NCDWR Region Mooresville
;Yes ;No Precipitation within 48 hrs? Latitude/Longitude (deci-degrees) 35.234480,-81.314781
Evidence of stressors affecting the assessment area (may not be within the assessment area)
Please circle and/or make note on last page if evidence of stressors is apparent. Consider departure from reference, if
appropriate, in recent past (for instance, approximately within 10 years). Noteworthy stressors include, but are not limited
to the following.
• Hydrological modifications (examples: ditches, dams, beaver dams, dikes, berms, ponds, etc.)
• Surface and sub -surface discharges into the wetland (examples: discharges containing obvious pollutants, presence of nearby
septic tanks, underground storage tanks (USTs), hog lagoons, etc.)
• Signs of vegetation stress (examples: vegetation mortality, insect damage, disease, storm damage, salt intrusion, etc.)
• Habitat/plant community alteration (examples: mowing, clear -cutting, exotics, etc.)
Is the assessment area intensively managed? E,Yes Z*,No
Regulatory Considerations - Were regulatory considerations evaluated? Yes K,No If Yes, check all that apply to the assessment area.
F- Anadromous fish
F_ Federally protected species or State endangered or threatened species
F_ NCDWR riparian buffer rule in effect
F_ Abuts a Primary Nursery Area (PNA)
F_ Publicly owned property
F_ N.C. Division of Coastal Management Area of Environmental Concern (AEC) (including buffer)
F- Abuts a stream with a NCDWQ classification of SA or supplemental classifications of HQW, ORW, or Trout
F_ Designated NCNHP reference community
F_ Abuts a 303(d)-listed stream or a tributary to a 303(d)-listed stream
What type of natural stream is associated with the wetland, if any? (check all that apply)
Blackwater
Brownwater
Tidal (if tidal, check one of the following boxes) Lunar nWind Both
Is the assessment area on a coastal island? FYes FNo
Is the assessment area's surface water storage capacity or duration substantially altered by beaver? E,Yes Z*,No
Does the assessment area experience overbank flooding during normal rainfall conditions? + Yes E,No
Ground Surface Condition/Vegetation Condition - assessment area condition metric
Check a box in each column. Consider alteration to the ground surface (GS) in the assessment area and vegetation structure
(VS) in the assessment area. Compare to reference wetland if applicable (see User Manual). If a reference is not applicable,
then rate the assessment area based on evidence of an effect.
GS VS
A A Not severely altered
B B Severely altered over a majority of the assessment area (ground surface alteration examples: vehicle tracks, excessive
sedimentation, fire -plow lanes, skidder tracks, bedding, fill, soil compaction, obvious pollutants) (vegetation structure
alteration examples: mechanical disturbance, herbicides, salt intrusion [where appropriate], exotic species, grazing,
less diversity [if appropriate], hydrologic alteration)
2. Surface and Sub -Surface Storage Capacity and Duration - assessment area condition metric
Check a box in each column. Consider surface storage capacity and duration (Surf) and sub -surface storage capacity and
duration (Sub). Consider both increase and decrease in hydrology. A ditch <_ 1 foot deep is considered to affect surface water only,
while a ditch > 1 foot deep is expected to affect both surface and sub -surface water. Consider tidal flooding regime, if applicable.
Surf Sub
A A Water storage capacity and duration are not altered.
B B Water storage capacity or duration are altered, but not substantially (typically, not sufficient to change vegetation).
C C Water storage capacity or duration are substantially altered (typically, alteration sufficient to result in vegetation
change) (examples: draining, flooding, soil compaction, filling, excessive sedimentation, underground utility lines).
3. Water Storage/Surface Relief - assessment area/wetland type condition metric (skip for all marshes)
Check a box in each column for each group below. Select the appropriate storage for the assessment area (AA) and the wetland
type (WT).
AA WT
3a. nA ,A Majority of wetland with depressions able to pond water > 1 foot deep
Z]B FB Majority of wetland with depressions able to pond water 6 inches to 1 foot deep
]C FC Majority of wetland with depressions able to pond water 3 to 6 inches deep
no D D Depressions able to pond water < 3 inches deep
3b. Z-�A Evidence that maximum depth of inundation is greater than 2 feet
Z'jB Evidence that maximum depth of inundation is between 1 and 2 feet
Z*'jC Evidence that maximum depth of inundation is less than 1 foot
4. Soil Texture/Structure - assessment area condition metric (skip for all marshes)
Check a box from each of the three soil property groups below. Dig soil profile in the dominant assessment area landscape
feature. Make soil observations within the 12 inches. Use most recent National Technical Committee for Hydric Soils guidance for
regional indicators.
4a. A Sandy soil
-1B Loamy or clayey soils exhibiting redoximorphic features (concentrations, depletions, or rhizospheres)
Z"jC Loamy or clayey soils not exhibiting redoximorphic features
Z"jD Loamy or clayey gleyed soil
nE Histosol or histic epipedon
4b. rjA Soil ribbon < 1 inch
MB Soil ribbon >_ 1 inch
4c.jA No peat or muck presence
B A peat or muck presence
5. Discharge into Wetland - opportunity metric
Check a box in each column. Consider surface pollutants or discharges (Surf) and sub -surface pollutants or discharges (Sub).
Examples of sub -surface discharges include presence of nearby septic tank, underground storage tank (UST), etc.
Surf Sub
A A Little or no evidence of pollutants or discharges entering the assessment area
B B Noticeable evidence of pollutants or discharges entering the wetland and stressing, but not overwhelming the
treatment capacity of the assessment area
;C ;C Noticeable evidence of pollutants or discharges (pathogen, particulate, or soluble) entering the assessment area and
potentially overwhelming the treatment capacity of the wetland (water discoloration, dead vegetation, excessive
sedimentation, odor)
6. Land Use - opportunity metric (skip for non -riparian wetlands)
Check all that apply (at least one box in each column). Evaluation involves a GIS effort with field adjustment. Consider sources
draining to assessment area within entire upstream watershed (WS), within 5 miles and within the watershed draining to the
assessment area (5M), and within 2 miles and within the watershed draining to the assessment area (2M). Effective riparian buffers
are considered to be 50 feet wide in the Coastal Plain and Piedmont ecoregions and 30 feet wide in the Blue Ridge Mountains ecoregion.
WS 5M 2M
F/ A F/ A r A >_ 10% impervious surfaces
F B F B F B Confined animal operations (or other local, concentrated source of pollutants)
r C F C F C > 20% coverage of pasture
F D r D r D >_ 20% coverage of agricultural land (regularly plowed land)
r E r E r E >_ 20% coverage of maintained grass/herb
r F r F r F >_ 20% coverage of clear-cut land
F G F G r G Little or no opportunity to improve water quality. Lack of opportunity may result from little or no disturbance in
the watershed or hydrologic alterations that prevent dainage and/or overbank flow from affectio the
assessment area.
7. Wetland Acting as Vegetated Buffer - assessment area/wetland complex condition metric (skip for non -riparian wetlands)
7a. Is assessment area within 50 feet of a tributary or other open water?
Yes FNo If Yes, continue to 7b. If No, skip to Metric 8.
7b. How much of the first 50 feet from the bank is weltand? (Wetland buffer need only be present on one side of the water body. Make
buffer judgment based on the average width of wetland. Record a note if a portion of the buffer has been removed or disturbed.)
F, A >_ 50 feet
F, B From 30 to < 50 feet
r, C From 15 to < 30 feet
D From 5 to < 15 feet
E < 5 feet or buffer bypassed by ditches
7c. Tributary width. If the tributary is anastomosed, combine widths of channels/braids for a total width.
<- 15-feet wide Z-, > 15-feet wide F, Other open water (no tributary present)
7d. Do roots of assessment area vegetation extend into the bank of the tributary/open water?
Yes r No
7e. Is tributary or other open water sheltered or exposed?
Sheltered - adjacent open water with width < 2500 feet and no regular boat traffic.
Exposed - adjacent open water with width >_ 2500 feet or regular boat traffic.
8. Wetland Width at the Assessment Area - wetland type/wetland complex condition metric (evaluate WT for all marshes
and Estuarine Woody Wetland only; evaluate WC for Bottomland Hardwood Forest, Headwater Forest, and Riverine Swamp
Forest only)
Check a box in each column. Select the average width for the wetland type at the assessment area (WT) and the wetland complex at the
assessment area (WC). See User Manual for WT and WC boundaries.
WT WC
A A >_ 100 feet
B B From 80 to < 100 feet
C C From 50 to < 80 feet
D D From 40 to < 50 feet
E E From 30 to < 40 feet
F F From 15 to < 30 feet
G FG From 5 to < 15 feet
H F, H < 5 feet
9. Inundation Duration — assessment area condition metric (skip for non -riparian wetlands)
Answer for assessment area dominant landform.
A Evidence of short -duration inundation (< 7 consecutive days)
B Evidence of saturation, without evidence of inundation
C Evidence of long -duration inundation or very long -duration inundation (7 to 30 consecutive days or more)
10. Indicators of Deposition — assessment area condition metric (skip for non -riparian wetlands and all marshes)
Consider recent deposition only (no plant growth since deposition).
rA Sediment deposition is not excessive, but at approximately natural levels.
FB Sediment deposition is excessive, but not overwhelming the wetland.
C Sediment deposition is excessive and is overwhelming the wetland.
11. Wetland Size — wetland type/wetland complex condition metric
Check a box in each column. Involves a GIS effort with field adjustment. This metric evaluates three aspects of the wetland area: the
size of the wetland type (WT), the size of the wetland complex (WC), and the size of the forested wetland (FW) (if applicable, see User
Manual). See the User Manual for boundaries of these evaluation areas. If assessment area is clear-cut, select "K" for the FW column.
WT WC FW (if applicable)
EA EA EA >_ 500 acres
E B E B EB From 100 to < 500 acres
EC EC EC From 50 to < 100 acres
• D E D ED From 25 to < 50 acres
• E E E EE From 10 to < 25 acres
• F E F E F From 5 to < 10 acres
•G EG EG From 1 to < 5 acres
•H EH EH From 0.5 to < 1 acre
I ZI Ell From 0.1 to < 0.5 acre
EJ EJ EJ From 0.01 to < 0.1 acre
EK EK EK < 0.01 acre or assessment area is clear-cut
12. Wetland Intactness — wetland type condition metric (evaluate for Pocosins only)
EA Pocosin is the full extent (> 90%) of its natural landscape size.
E B Pocosin is < 90% of the full extent of its natural landscape size.
13. Connectivity to Other Natural Areas — landscape condition metric
13a. Check appropriate box(es) (a box may be checked in each column). Involves a GIS effort with field adjustment. This
evaluates whether the wetland is well connected (Well) and/or loosely connected (Loosely) to the landscape patch, the contiguous
metric naturally vegetated area and open water (if appropriate). Boundaries are formed by four -lane roads, regularly maintained utility
line corridors the width of a four -lane road or wider, urban landscapes, fields (pasture open and agriculture), or water > 300 feet wide.
Well Loosely
A ZIA >_ 500 acres
E B E B From 100 to < 500 acres
C ZIC From 50 to < 100 acres
E D E D From 10 to < 50 acres
o: E Z E < 10 acres
EF EF Wetland type has a poor or no connection to other natural habitats
13b. Evaluate for marshes only.
EYes ENo Wetland type has a surface hydrology connection to open waters/stream or tidal wetlands.
14. Edge Effect — wetland type condition metric (skip for all marshes and Estuarine Woody Wetland)
May involve a GIS effort with field adjustment. Estimate distance from wetland type boundary to artificial edges. Artificial edges include
non -forested areas > 40 feet wide such as fields, development, roads, regularly maintained utility line corridors and clear -cuts. Consider
the eight main points of the compass. Artificial edge occurs within 150 feet in how many directiions? If the assessment area is clear-cut,
select option "C."
EA 0
B 1 to 4
EC 5to8
15. Vegetative Composition — assessment area condition metric (skip for all marshes and Pine Flat)
EA Vegetation is close to reference condition in species present and their proportions. Lower strata composed of appropriate
species, with exotic plants absent or sparse within the assessment area.
E B Vegetation is different from reference condition in species diversity or proportions, but still largely composed of native species
characteristic of the wetland type. This may include communities of weedy native species that develop after clearcutting or
clearing. It also includes communities with exotics present, but not dominant, over a large portion of the expected strata.
E. C Vegetation severely altered from reference in composition, or expected species are unnaturally absent (planted stands of non -
characteristic species or at least one stratum inappropriately composed of a single species), or exotic species are dominant in
at least one stratum.
16. Vegetative Diversity— assessment area condition metric (evaluate for Non -tidal Freshwater Marsh only)
EA Vegetation diversity is high and is composed primarily of native species (<10% cover of exotics).
E B Vegetation diversity is low or has > 10% to 50% cover of exotics.
EC Vegetation is dominated by exotic species (>50% cover of exotics).
17. Vegetative Structure — assessment area/wetland type condition metric
17a. Is vegetation present?
Yes L: No If Yes, continue to 17b. If No, skip to Metric 18.
17b. Evaluate percent coverage of assessment area vegetation for all marshes only. Skip to 17c for non -marsh wetlands.
A
>_ 25% coverage of vegetation
LJ B
< 25% coverage of vegetation
17c. Check a box in each column for each stratum. Evaluate this portion of the metric for non -marsh wetlands. Consider structure
in airspace
above the
assessment area (AA) and the wetland type (WT) separately.
AA
WT
oL:A
L:A
Canopy closed, or nearly closed, with natural gaps associated with natural processes
B
B
Canopy present, but opened more than natural gaps
v
L:C
L:C
Canopy sparse or absent
o
EA
EA
Dense mid-story/sapling layer
L:B
L:B
Moderate density mid-story/sapling layer
LC
LC
Mid-story/sapling layer sparse or absent
Q
EA
L:A
Dense shrub layer
EB
L'B
Moderate density shrub layer
E.'C
C
Shrub layer sparse or absent
-0
L:A
L:A
Dense herb layer
L:B
L:B
Moderate density herb layer
E.'C
L.'C
Herb layer sparse or absent
18. Snags — wetland type condition metric (skip for all marshes)
'A Large snags (more than one) are visible (> 12-inches DBH, or large relative to species present and landscape stability).
B Not
19. Diameter Class Distribution — wetland type condition metric (skip for all marshes)
EA Majority of canopy trees have stems > 6 inches in diameter at breast height (DBH); many large trees (> 12 inches DBH) are
present.
E.' B Majority of canopy trees have stems between 6 and 12 inches DBH, few are > 12-inch DBH.
L:C Majority of canopy trees are < 6 inches DBH or no trees.
20. Large Woody Debris — wetland type condition metric (skip for all marshes)
Include both natural debris and man -placed natural debris.
L:A Large logs (more than one) are visible (> 12 inches in diameter, or large relative to species present and landscape stability).
E. B Not A
21. Vegetation/Open Water Dispersion — wetland type/open water condition metric (evaluate for Non -Tidal Freshwater
Marsh only)
Select the figure that best describes the amount of interspersion between vegetation and open water in the growing season. Patterned
areas indicate vegetated areas, while solid white areas indicate open water.
22. Hydrologic Connectivity— assessment area condition metric (evaluate for riparian wetlands and Salt/Brackish Marsh only)
Examples of activities that may severely alter hydrologic connectivity include intensive ditching, fill, sedimentation, channelization,
diversion, man-made berms, beaver dams, and stream incision. Documentation required if evaluated as B, C, or D.
L'A Overbank and overland flow are not severely altered in the assessment area.
L.' B Overbank flow is severely altered in the assessment area.
L'C Overland flow is severely altered in the assessment area.
L' D Both overbank and overland flow are severely altered in the assessment area.
Notes
Stream incised. Hydrology limited to mostely overland flow coming from upgrade of wetland
Wetland Site Name
Wetland Type
NC WAM Wetland Rating Sheet
Accompanies User Manual Version 5.0
Wetland 1
Headwater Forest
Date December 12, 2019
Assessor Name/Organization ECS Southeast, LIP
Notes on Field Assessment Form (Y/N)
YES
Presence of regulatory considerations (Y/N)
NO
Wetland is intensively managed (Y/N)
NO
Assessment area is located within 50 feet of a natural tributary or other open water (Y/N)
YES
Assessment area is substantially altered by beaver (Y/N)
NO
Assessment area experiences overbank flooding during normal rainfall conditions (Y/N)
YES
Assessment area is on a coastal island (Y/N)
NO
Sub -function Rating Summary
Function
Sub -function
Metrics
Rating
Hydrology
Surface Storage and Retention
Condition
LOW
Sub -Surface Storage and Retention
Condition
MEDIUM
Water Quality
Pathogen Change
Condition
MEDIUM
Condition/Opportunity
MEDIUM
Opportunity Presence? (Y/N)
NO
Particulate Change
Condition
MEDIUM
Condition/Opportunity
NA
Opportunity Presence? (Y/N)
NA
Soluble Change
Condition
MEDIUM
Condition/Opportunity
MEDIUM
Opportunity Presence? (Y/N)
NO
Physical Change
Condition
LOW
Condition/Opportunity
LOW
Opportunity Presence? (Y/N)
NO
Pollution Change
Condition
NA
Condition/Opportunity
NA
Opportunity Presence? (Y/N)
NA
Habitat
Physical Structure
Condition
MEDIUM
Landscape Patch Structure
Condition
LOW
Vegetation Composition
Condition
LOW
Function Rating Summary
Function
Metrics/Notes
Rating
Hydrology
Condition
LOW
Water Quality
Condition
MEDIUM
Condition/Opportunity
MEDIUM
Opportunity Presence? (Y/N)
NO
Habitat
Condition
LOW
Overall Wetland Rating LOW
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
TIM BAUMGARTNER
Director
John Knott, III
Equus Capital Partners, Ltd.
3843 West Chester Pike
Newton Square, PA 19073
"N QUAM`1111�/
NORTH CAROLINA
Environmental Quality
August 26, 2020
Expiration of Acceptance: 2/26/2021
Project: Equus Kings Mountain Industrial County: Gaston
The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to
accept payment for compensatory mitigation for impacts associated with the above referenced project as
indicated in the table below. Please note that this decision does not assure that participation in the DMS in -
lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts.
It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will
be approved. You must also comply with all other state, federal or local government permits, regulations or
authorizations associated with the proposed activity including G.S. § 143-214.11.
This acceptance is valid for six months from the date of this letter and is not transferable. If we have not
received a copy of the issued 404 Permit/401 Certification within this time frame, this acceptance will
expire. It is the applicant's responsibility to send copies of the permits to DMS. Once DMS receives a copy
of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must
be made prior to conducting the authorized work. The amount of the in -lieu fee to be paid by an applicant is
calculated based upon the Fee Schedule and policies listed on the DMS website.
Based on the information supplied by you in your request to use the DMS, the impacts for which you are
requesting compensatory mitigation credit are summarized in the following table. The amount of mitigation
required and assigned to DMS for this impact is determined by permitting agencies and may exceed the
impact amounts shown below.
River Basin
Impact Location
(8-digit HUC)
Impact Type
Impact Quantity
Catawba
03050101
Riparian Wetland
0.16
Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The
mitigation will be performed in accordance with the In -Lieu Fee Program instrument dated July 28, 2010 and
15A NCAC 02B .0295 as applicable. Thank you for your interest in the DMS in -lieu fee mitigation program.
If you have any questions or need additional information, please contact Kelly Williams at (919) 707-8915.
cc: Brandon Fulton, agent
Sincerely,
At�d4 .
FOR James. B Stanfill
Asset Management Supervisor
NORTH CARo ND_EQ��
oeparlment of Environmental Duali
North Carolina Department of Environmental Quality I Division of Mitigation Services
217 W. Jones Street 11652 Mail Service Center I Raleigh, North Carolina 27699-1652
919.707.8976