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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 WOODLAKE PARKWAY — ..LASPHALT ROAD) 80 860 _ \ \♦♦ —\11" I \ / 82--•$�9�:�9. 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Tryon Street, Suite 320 Charlotte, NC 28203 phone:704-940-2883 www.bloc-nc.com • • 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 one ��o,oeoaw ea--w a —WDdd&19—D GPM,-, 10' VEGETATED SETBACK, TYP. ` ` `\ \, ` _ _ _ _ / \ 20' UNDISTURBED BUFFER, TYP. \ \ \ \ ♦ _ _ _ _ — _ _— — - — NA TRIBUTARY 1 \ \ is � - ♦ I APPROXIMATELY 1,028 LF ON SITE EXISTING SANITARY SEWER ; \ �` \ \ \� \ ; ` \ — ` \ ` ♦ ` ♦ non `` �' �' // \ \ - \\ FORCE MAIN \ \ ` \ \ \ • kh ` `` `\ \ EXISTING WETLAND 1 \ \ \ \ , 1 \ I \ \ \ \ \ , \ ` ` , \ \ \ \ I \ \ `\ ` � � APPROXIMATELY 0.72 AC ON SITE EXISTING UNDERGROUND \ \ \ \ ♦ ` \ UTILITY \ \\ \\\ , ,1 \•\. \\ \ \` `\``\♦\ �\ `\ �` �`---'� '� '�\ `--- EXISTING OVERHEAD POWER �\ \ _ — _ — _ _ ` ` ` ` ` ` ` ' ' ` `` \ \ \ � ♦v— � ` `\ `\ `\ ` ` ``\\ ` ♦\ `` ' ' ice------^. EXISTING OS TLAND ` $4 \ I (1- \\\\ —=— —'' Gt, 0--♦---♦--—————— — � — — —— — —— ---OHP---�Q \�--OHP----OHP---- OHP----OHP--- 01"' ` \ PROPERTY LINE, TYP. ---OHP----—OH?NS/—LYV-- LINES—OHP----OHP----OHP----OHP----OHP HIGH ---OHP----OHP��`� \—OHP — — — — OHP — — — — OHP — — — — OHP — — — — OHP — — — — OHP 6V . EQUUS KINGS MOUNTAIN INDUSTRIAL ti EXISTING CONDITIONS Bloc Design 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" = 80' PROJECT NO. 00662.00nesSubm�I�M1eNC FARM#: P-1007, C-390 one ��o,oeoaw ea _w a —WDd&19—D GPM. 1 10' VEGETATED SETBACK, TYP. 20' UNDISTURBED BUFFER, TYP. PROPOSED SANITARY SEWER LATERAL WITH APPROXIMATELY 125 LF AERIAL CROSSING WITH MECHANICAL JOINTS AND SUPPORT PILES OUTSIDE OF WETLAND AND TRIBUTARY TRIBUTARY 1 APPROXIMATELY 1.028 LF ON SITE PROPOSED 0.16 AC WETLANDIMPACTS EXISTING WETLAND 1 APPROXIMATELY 0.72 AC ON SITE � S� ---OHP— EQUUS KINGS MOUNTAIN INDUSTRIAL --OHP----OHP--PROPERTY LINE, TYP. --OHP----OHP----OHP J .. -- ` . Z ti PROPOSED CONDITIONS OVERALL Bloc Design 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 one ��o,oeoaw ea _w a —WDd&19—D GPM. 1 I\\\`x\ PROPOSED SANITARY SEWER LATERAL WITH APPROXIMATELY 125 LF AERIAL CROSSING WITH MECHANICAL JOINTS AND SUPPORT PILES OUTSIDE OF WETLAND AND TRIBUTARY1f a r ( \\\I` EXISTING SANITARY SEWER FORCE MAIN EXISTING UNDERGROUND UTILITY EXISTING OVERHEAD POWER PROPOSED SANITARY SEWER MANHOLE, TYP. TRIBUTARY 1 APPROXIMATELY 1,028 LF ON SITE ss \\ \ • 1 1 \ .� ` EQUUS KINGS MOUNTAIN INDUSTRIAL KINGS MOUNTAIN, NORTH CAROLINA \ --4 863 862 \ \LLB J 861 1U VEGETATED SETBACK, TYP. 20' UNDISTURBED BUFFER, TYP. WAREHOUSE BUILDING 300,240 SF FIFE: 86l _-�An�"'b4''`���,i�i�.`�7� 1 riy?6Y �Ii+G �yQ;I[^_7Y1G'4�Y tyM8y,3q�l 'PI.:1:1fTTf G 1114,4 mm I I�^*';[tl'"i�E'E�iii�!!'.Ii77UGK?4T�SHsStf�1�4W±;�;`fXZIZCaF�:1�`�Y�SI'�i I - PROPOSED 0.16 AC WETLAND IMPACTS \� `� `�oe �� —\ �XC . - EXISTING WETLAND 1 1 1 \ kill 111 I ��Fv�FAmammrtii --I rkw1gwo-b-m t-smaan0gmwSErgw26I&A��rekwa�-mbfww �aRE�� �����QIs 111MINOR 0001���!�� 1 \1\ 1 t \\ \\\ \ I \ 855 850 \vy 0\ 1 \. \ \ \ I EXISTING OS TLAND 845 _--- \ - Ilk 1 I 1 -- - - - ------ - - - - �_ a \ ---OHP-- \Q \�--OHP----OHP----OHP----OHP--- 01i7 ` ` PROPERTY LINE, TYP. ---OHP---—OH----OHP----OHP----OHP----OHP----OHP ` ` HIGH NS/LYV LINES ---OHP--- OHP----OHP----OHP----OHP----OHP----OHP PROPOSED CONDITIONS DATE: 08.18.20 SCALE: 1" = 80' Bloc Design 2923 S. Tryon Street, Suite 320 Charlotte, INC 28203 phone:704-940-2883 www.bloc-nc.com • • landscape architecture I planning I civil PROJECT NO.: 00662.00 NC FIRM#: P-1007, C-390 Legend ConyGrv�t R� - Woodlake Project Study Area Bessemer City c�Wy 161I � o � � n \ � Cif o ry9a � o o Gi -,h 0 S 41 \ Ir � r - . 1 Q O I y aVIY � r w► S P Porn, Desk Kings G Mountain Country Club � �.� � Kfn3 s Moon` `l` I VW King St — -``! ,t I > Ki ngs Pr m 61 otintwin y o a f a Y J 716 C IOWders Mountain State Park N � Client: BPG Development Company, LP y I Project: Ni c i _r Woodlake Parkway Site 300 Woodlake Parkway Kings Mountain, Gaston County, North Carolina C� ESQ 7 �Q Title: SITE LOCATION MAP GASTON COUNTY �WE����� 1! ��ir.Il ,�r�a��I►�Jr�,as�r err �a c�Na q ,4 Drawn By: Checked By: c° o JDG WBF 7 Approved By: Date: WBF 10/22/2019 ECS Project No. 49:10388 FIGURE 1 Legend015 Woodlake Project Study Area Vc ` tI. Ile 3r-- tu!' N r -E V.0 / ! Client: BPG Development Company, LP ° - Project: - /i �� • �� Woodlake Parkway Site i 300 Woodlake Parkway Kings Mountain, Gaston County, •� / North Carolina • op Title: USGS • TOPOGRAPHIC 00 MAP 1 • � \ DATED:1986 KINGS MOUNTAIN, NC Ad /.� (I • PR9,JECTSTUDYARst _ I -•� / I 1 10 ' • ° U Drawn By: Checked By: • JDG WBF ' Approved By: Date: i / "'• ' WBF 10/22/2019 / • • • j a ECS Project No. / 49:10388 • / r 0 500 1,000 2,000 FIGURE 2 Feet 1 —1 Legend r CWoodlake Project Study Area Ir 4% "r le ; Taft - io ;:d�F Client: BPG Development Company, LP TAD J , Project: ,i Woodlake Parkway Site 300 Woodlake Parkway Kings Mountain, Gaston County, � North Carolina ■ r F L Title USDA-NRCS � SOIL SURVEY MAP DATED:1996 • � GASTON COUNTY • � � �� � SHEET 6 ■ PR9,JECT STUDY A WA � ■ 3t I - 'r .I SOIL MAP UNIT AmD= Alamance Variant Gravelly Loam ChA= Chewacla Loam TaB= Tatum Gravelly Loam Drawn By: Checked By: JDG WBF Approved By: Date: WBF 10/24/2019 ■ � ■ ECS Project No. 49:10388 0 250 500 1,00o FIGURE 3 - � - Feet Legend Woodlake Project Study Area WETLAND TYPE Freshwater Emergent Wetland Freshwater Forested/Shrub Wetland Freshwater Pond Lake Riverine gold St I 81)% 3+ y I o I I 1 >SBC-, I I I I I I I I I I I I 1 I I I I I I I I 1,� C C PUBHh I1'ddW1od 01 S+o' y�Boo Oi Ike Brooks Ot 10A A �. `e1pd1Y Rd 0 500 1,000 N � EV Client: BPG Development Company, LP Project Woodlake Parkway Site 300 Woodlake Parkway Kings Mountain, Gaston County, North Carolina Title: USFWS National Wetlands R A Inventory Map 8 Digit HUC (03050101) PR9,JECT STUDY AR \� e st I I 7 I I I Drawn By: Checked By: JDG WBF Approved By: Date: WBF 10/22/2019 ECS Project No. 49:10388 2,000 FIGURE 4 Feet Legend Woodlake Project Study Area, d •I -- r .41r•a F c `I + 3 !I' I I EF Client: BPG Development Company, LP Project } Woodlake Parkway Site "r 300 Woodlake Parkway Kings Mountain, Gaston County, North Carolina x Title: FEMA-NFHL FLOOD ZONE MAP PANEL: 37025C24000K GASTON COUNTY PROJECT STUDY AREA st I I I � ! I I I I Drawn By: Checked By: JDG WBF Approved By: Date: WBF 10/22/2019 _ ECS Project No. 49:10388 FIGURE 5 2,000 � Feet 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. �fy,•. �,f,�.�fµ. �.. ` �- .�5 .rj �'./:� �r�1 /j�.�J �V;• i"..,,5+# �;,�"$y' �.'r►�1.� *e _ �! Legend Woodlake Project Study Are Potential Tributary Potential Wetland Wetland Data Forms x JAI' 40 • %'' • }{ y 'AYt.1i r ye I 010 t . '' . 1 t ' i � � _ � ' � � c,./ . • erg• �, � .•X , - r; i1 16, It f a rtL �,• '� + ` r �` • , f A y .' . .tY .fir - J y 4 r fy yl� fyi T'' 0 •100 200 400 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