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HomeMy WebLinkAbout20201214 Ver 1_401 Application_20201110Strickland, Bev From: laserfiche@ncdenr.gov Sent: Monday, October 19, 2020 12:01 AM To: perryisner@wetlands-waters.com Cc: Johnson, Alan Subject: Pre -Filing Meeting not required for Arrowood Business District - 20201214 Ver 1 The North Carolina Division of Water Resources has received the Pre -Filing Meeting Request Form for Arrowood Business District that you submitted on 9/18/2020 2:09 PM. The ID number for that project is 20201214, Version 1. It has been decided that no meeting is required for this project. Project file link: https://edocs.deq.nc.gov/WaterResourcesBrowse.aspx?dbid=0&started=l299852 When you submit your application please upload a copy of the attached document in this email. This email was automatically generated by Laserfiche workflow. Please do not respond to this email address, as responses are not monitored. RECEIVED NOV 10 2020 NCDEQ/DWR/NPDES I 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: 18 & 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 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 ❑ 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: Arrowood Business District 2b. County: Mecklenburg 2c. Nearest municipality / town: Charlotte 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: KARMA REAL ESTATE LLC 3b. Deed Book and Page No. 33970-938, 33965-119 3c. Responsible Parry (for LLC if applicable): Matt Potter 3d. Street address: 5625 FAIRVIEW RD 3e. City, state, zip: CHARLOTTE, NC 28209 3f. Telephone no.: 704.553.8296 3g. Fax no.: 3h. Email address: mpotter@belkgambrell.com Page 1 of 10 PCN Form — Version 1.4 January 2009 4. Applicant Information (if different from owner) 4a. Applicant is: ❑ Agent ❑x Other, specify: Buyer under contract to purchase 4b. Name: Christopher Thomas 4c. Business name (if applicable): Childress Klein 4d. Street address: 301 S. College Street Suite 2800 4e. City, state, zip: Charlotte, NC 28202 4f. Telephone no.: 704.342.9000 4g. Fax no.: 4h. Email address: chris.thomas@childressklein.com 5. Agent/Consultant Information (if applicable) 5a. Name: Perry Isner 5b. Business name (if applicable): Wetlands & Waters, Inc. 5c. Street address: 328 East Broad Street, Suite D 5d. City, state, zip: Statesville, NC 28677 5e. Telephone no.: 704.773.4239 5f. Fax no.: 5g. Email address: perryisner@wetlands-waters.com Page 2 of 10 B. Project Information and Prior Project History 1. Property Identification la. Property identification no. (tax PIN or parcel ID): 20105108, 20105106, 20145101 1 b. Site coordinates (in decimal degrees): Latitude: 35.15923 Longitude:-80.94314 1 c. Property size: 265 acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: Coffey Creek 2b. Water Quality Classification of nearest receiving water: C 2c. River basin: Catawba (Santee) 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 consists of mostly vacant, wooded land with some existing utility right-of-way (sanitary sewer) present. The project is bounded by 1-485 on the west side and Arrowood Road to the south. The land use in the vicinity of the project is mostly developed, consisting of residential, industrial distribution, and mixed -use commercial / office space. 3b. List the total estimated acreage of all existing wetlands on the property: 0.313 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 6433 3d. Explain the purpose of the proposed project: The purpose of the proposed project is to construct an industrial distribution center to meet the growing need for space of this type in the region and proximate to major highways and interstates. 3e. Describe the overall project in detail, including the type of equipment to be used: The project consists of the proposed development and supporting infrastructure including parking, stormwater facilities, internal roadways, etc. Typical earth moving equipment will utilized including pan, excavator, bulldozer, etc. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project (includingall prior phases)in the past? ❑x Yes ❑ No ❑ Unknown Comments: 4b. If the Corps made the jurisdictional determination, what type of determination was made? ❑ Preliminary ❑>< Final 4c. If yes, who delineated the jurisdictional areas? Name (if known): Perry Isner Agency/Consultant Company: Wetlands & Waters, Inc. Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. SAW-2018-01886, 01/29/2020 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? ❑ Yes E]No ❑ Unknown 5b. If yes, explain in detail according to "help file" instructions. 6. Future Project Plans 6a. Is this a phased project? ❑x Yes ❑ No 6b. If yes, explain. Phase 1 includes construction of stormwater facilities utilizing NWP18. Phase two includes road construction for access to high ground utilizing NWP39. 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 Headwater Wetland Yes Corps 0.023 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: 0.023 2h. Comments: Impacts to linear wetland proposed utilizing NWP 18. 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. Stream impact number Permanent (P) or Temporary (T) 3b. Type of impact 3c. Stream name 3d. Perennial (PER) or intermittent (INT)? 3e. Type of jurisdiction 3f. Average stream width (feet) 3g. Impact length (linear feet) S1 P Culvert UT to Coffey Creek PER Corps 4 185 S2 P Stabilization (riprap) UT to Coffey Creek PER Corps 4 40 S3 P Stabilization (riprap) UT to Coffey Creek PER Corps 4 60 S4 Choose one S5 - Choose one - S6 Choose one - 3h. Total stream and tributary impacts 285 3i. Comments: Impacts to Tributary 3 proposed utilizing NWP 39. Tributary 4 has already been impacted with riprap placed throughout as a result of previous NC DOT activities. 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 indivii 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 02 Choose one Choose 03 Choose one Choose 04 1 Choose one lChoose 4f. Total open water impacts 4g. Comments: 5. Pond or Lake Construction If pond or lake construction proposed, the complete the chart below. 5a. Pond ID number 5b. Proposed use or purpose of pond 5c. Wetland Impacts (acres) 5d. Stream Impacts (feet) 5e. Upland (acres) Flooded Filled Excavated Flooded Filled Excavated P1 Choose one P2 Choose one 5f. Total: 5g. Comments: 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no: 51. 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. Project has been designed such that impacts are only necessary for a single road crossing for access to high ground and minor impacts to a low quality wetland for construction of a stormwater facility. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Culvert crossing has been designed utilizing 2:1 slopes and headwalls with wings to minimize impacts to maximum extent practicable, given the steep slopes and profile of the proposed roadway. Project will be constructed under an approved sediment and erosion control plan such that materials incidental to construction activities are not transported into downstream receiving waters. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? Yes ❑ No 2b. If yes, mitigation is required by (check all that apply): ❑ DWQ ❑x Corps 2c. If yes, which mitigation option will be used for this project? ❑ 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: 185 linear feet 4c. If using stream mitigation, stream temperature: warm 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: 0.1 acres 4f. Non -riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: Phased mitigation is proposed such that payment for stream mitigation to be completed prior to construction of Phase 2 only. 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 ❑ 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 ❑ No 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? >24 % 2b. Does this project require a Stormwater Management Plan? ❑>r 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: Project will include construction of several large, permanent BMP's designed to meet Phase II standards. 17 acres of drainage from the proposed project that currently drains to an offsite stormwater control will be treated and detained on -site. This drainage will ultimately be discharged into Tributary 3 upstream of the confluence with Tributary 1, both of which are perennial features. As the offsite stormwater facility currently drains in excess of 170 acres per the attached USGS StreamStats report, it is not expected that the rerouting of the 17 acres proposed by the project will have any demonstrable effect on the flow regime of Tributary 1. 2e. Who will be responsible for the review of the Stormwater Management Plan? City of Charlotte 3. Certified Local Government Stormwater Review 3a. In which localgovernment's jurisdiction is thisproject? City of Charlotte ❑>r Phase II ❑ NSW 3b. Which of the following locally -implemented stormwater management programs ❑ USMP apply (check all that apply): ❑ Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been []Yes ❑x No attached? 4. DWQ Stormwater Program Review ❑ Coastal counties ❑ HQW 4a. Which of the following state -implemented stormwater management programs apply ❑ ORW (check all that apply): ❑ Session Law 2006-246 ❑ Other: 4b. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑ No attached? 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ❑ Yes ❑ No 5b. Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No Page 8 of 10 PCN Form — Version 1.4 January 2009 F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1 a. Does the project involve an expenditure of public (federal/state/local) funds or the ❑ Yes No use of public (federal/state) land? 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ❑ Yes ❑ No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1 c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval ❑Yes ❑ No letter.) Comments: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ❑ Yes ❑x No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after -the -fact permit application? []Yes ❑x No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in ❑Yes 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. Project includes construction of sanitary sewer facilities to tie into existing facilities on -site, which will be constructed entirely in high ground. No impacts for sewer connections are proposed. 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 Q Yes ❑ No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act Q 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? NC Natural Heritage Program; no federally listed species occur within one mile of the project area. A field investigation during the optimal survey window (09/02/20) was conducted with no occurrences of federally listed species observed. Report of findings included with this document. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes Q No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation © Yes ❑ No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? INC SHPO HPOWEB service. Project occurs near state listed historic properties, with none occurring on site. No impacts to historic properties will occur as a result of the project. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? Q Yes ❑ No 8b. If yes, explain how project meets FEMA requirements: Project is designed to be compliant with all FEMA requirements by project engineer, under approval by local FEMA floodplain coordinator. 8c. What source(s) did you use to make the floodplain determination? FEMA National Flood Hazard Layer. 12—CHf1-1 SfAiHER f llOMthS ���1M�✓/�MM�t�+� q(14�2u Applicant/Agent's Printed Name Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant isprovided.) Page 10 of 10 PHASE 2 1 1 1 S w LEGEND , uroa1E �ppry6i LIE ----------- ¢�iiiir� >oYa��.� ARROWOOD BUSINESS DISTRICT • �jii11 ARROWOOD BUSINESS DISTRICT • CHARLOTTE, NC • CONCEPT EXHIBIT PNIO19251 1 10.23.2020 1 KARMA REAL ESTATE i �. -moo , --------------- L4.01 185"of impacts estimated for Buried Culvert Crossing L4 03 � L L4.04 j L4.05 kill: - - - - - - - - - - 7- L4.o8 L4.10 L4.09 .:7 LEGEND ------------------ BMFFEH --------- - - -MOT- ARROWOOD BUSINESS DISTRICT L4.00 ��-- MATCH TO SHEET LI.03 ,_ impacts estimated for Buried :� Culvert Crossing i� ------ LEGEND Ii Al, 1� - MIgNEH LwE -,Fay IV j A+ +'� oEEoeor�E sn�� MATCH TO SHEET L4.05 � re ,8: 1 11NO ,. �1h\p � � � 1 ��� 1+1[r• � ,� Via..—_—� �.� ��.e �=�1 �1 • �f 0 . - o 0 q �i'�'�Vr'I IV ��� •,. o I 1 M- 625 6-00 7+00 8+00 9-00 10+00 VS 6n "5 660 65s 650 605 —635 621 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: Tx❑ Section 404 Permit ❑ Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: 18 & 39 or General Permit (GP) number: 1 c. Has the NWP or GP number been verified by the Corps? ❑x Yes ❑ No 1 d. 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 ❑ 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: Arrowood Business District 2b. County: Mecklenburg 2c. Nearest municipality / town: Charlotte 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: KARMA REAL ESTATE LLC 3b. Deed Book and Page No. 33970-938, 33965-119 3c. Responsible Party (for LLC if applicable): Matt Potter 3d. Street address: 5625 FAIRVIEW RD 3e. City, state, zip: CHARLOTTE, NC 28209 3f. Telephone no.: 704.553.8296 3g. Fax no.: 3h. Email address: mpotter@belkgambrell.com Page 1 of 10 PCN Form — Version 1.4 January 2009 4. Applicant Information (if different from owner) 4a. Applicant is: ❑ Agent Other, specify: Buyer under contract to purchase 4b. Name: Christopher Thomas 4c. Business name (if applicable): Childress Klein 4d. Street address: 301 S. College Street Suite 2800 4e. City, state, zip: Charlotte, NC 28202 4f. Telephone no.: 704.342.9000 4g. Fax no.: 41). Email address: chris.thomas@childressklein.com 5. Agent/Consultant Information (if applicable) 5a. Name: Perry Isner 5b. Business name (if applicable): Wetlands & Waters, Inc. 5c. Street address: 328 East Broad Street, Suite D 5d. City, state, zip: Statesville, NC 28677 5e. Telephone no.: 704.773.4239 5f. Fax no.: 5g. Email address: perryisner@wetlands-waters.com Page 2 of 10 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 20105108, 20105106, 20145101 1 b. Site coordinates (in decimal degrees): ILatitude: 35.15923 Longitude:-80.94314 1c. Property size: 265 acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: Coffey Creek 2b. Water Quality Classification of nearest receiving water: C 2c. River basin: Catawba (Santee) 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 consists of mostly vacant, wooded land with some existing utility right-of-way (sanitary sewer) present. The project is bounded by 1-485 on the west side and Arrowood Road to the south. The land use in the vicinity of the project is mostly developed, consisting of residential, industrial distribution, and mixed -use commercial / office space. 3b. List the total estimated acreage of all existing wetlands on the property: 0.313 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 6433 3d. Explain the purpose of the proposed project: The purpose of the proposed project is to construct an industrial distribution center to meet the growing need for space of this type in the region and proximate to major highways and interstates. 3e. Describe the overall project in detail, including the type of equipment to be used: The project consists of the proposed development and supporting infrastructure including parking, stormwater facilities, internal roadways, etc. Typical earth moving equipment will utilized including pan, excavator, bulldozer, etc. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project (includingall prior phases)in the past? ❑x Yes ❑ No ❑ Unknown Comments: 4b. If the Corps made the jurisdictional determination, what type of determination was made? ❑ Preliminary ❑x Final 4c. If yes, who delineated the jurisdictional areas? Name (if known): Perry Isner Agency/Consultant Company: Wetlands & Waters, Inc. Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. SAW-2018-01886, 01/29/2020 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? ❑x Yes ❑ No 6b. If yes, explain. Phase 1 includes construction of stormwater facilities utilizing NWP18. Phase two includes road construction for access to high ground utilizing NWP39. Page 3 of 10 PCN Form — Version 1.4 January 2009 C. Proposed Impacts Inventory 1. Impacts Summary 1a. Which sections were completed below for your project (check all that apply): ❑x Wetlands 0 Streams —tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. Wetland impact number Permanent (P) or Temporary T 2b. Type of impact 2c. Type of wetland 2d. Forested 2e. Type of jurisdiction Corps (404,10) or DWQ (401, other) 2f. Area of impact (acres) W1 P Fill Headwater Wetland Yes Corps 0.023 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: 0.023 2h. Comments: Impacts to linear wetland proposed utilizing NWP 18. 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. Stream impact number Permanent (P) or Temporary (T) 3b. Type of impact 3c. Stream name 3d. Perennial (PER) or intermittent (INT)? 3e. Type of jurisdiction 3f. Average stream width (feet) 3g. Impact length (linear feet) S1 P Culvert UT to Coffey Creek PER Corps 4 185 S2 P Stabilization (riprap) UT to Coffey Creek PER Corps 4 40 S3 P Stabilization (riprap) UT to Coffey Creek PER Corps 4 60 S4 - Choose one S5 - Choose one S6 - Choose one 3h. Total stream and tributary impacts t 285 3i. Comments: Impacts to Tributary 3 proposed utilizing NWP 39. Tributary 4 has already been impacted with riprap placed throughout as a result of previous NC DOT activities. 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) O1 - Choose one Choose O2 _ Choose one Choose 03 - Choose one Choose 04 - Choose one Choose 4f. Total open water impacts 4g. Comments: 5. Pond or Lake Construction If pond or lake construction proposed, the complete the chart below. 5a. Pond ID number 5b. Proposed use or purpose of pond 5c. Wetland Impacts (acres) 5d. Stream Impacts (feet) 5e. Upland (acres) Flooded Filled Excavated Flooded Filled Excavated P1 Choose one P2 Choose one 5f. Total: 5g. Comments: 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. 6a. Project is in which protected basin? ❑ Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Randleman ❑ Other: 6b. Buffer Impact number — Permanent (P) or Temporary T 6c. Reason for impact 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact (square feet) 6g. Zone 2 impact (square feet 131 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. Project has been designed such that impacts are only necessary for a single road crossing for access to high ground and minor impacts to a low quality wetland for construction of a stormwater facility. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Culvert crossing has been designed utilizing 2:1 slopes and headwalls with wings to minimize impacts to maximum extent practicable, given the steep slopes and profile of the proposed roadway. Project will be constructed under an approved sediment and erosion control plan such that materials incidental to construction activities are not transported into downstream receiving waters. 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): ❑ DWQ R1 Corps 2c. If yes, which mitigation option will be used for this project? ❑ Mitigation bank El Payment to in -lieu fee program ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type: Choose one Type: Choose one Type: Choose one Quantity: Quantity: Quantity: 3c. Comments: 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. Yes 4b. Stream mitigation requested: 185 linear feet 4c. If using stream mitigation, stream temperature: warm 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: 0.1 acres 4f. Non -riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: Phased mitigation is proposed such that payment for stream mitigation to be completed prior to construction of Phase 2 only. 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 ElYes 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 ❑ No 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? >24 % 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: Project will include construction of several large, permanent BMP's designed to meet Phase II standards. 17 acres of drainage from the proposed project that currently drains to an offsite stormwater control will be treated and detained on -site. This drainage will ultimately be discharged into Tributary 3 upstream of the confluence with Tributary 1, both of which are perennial features. As the offsite stormwater facility currently drains in excess of 170 acres per the attached USGS StreamStats report, it is not expected that the rerouting of the 17 acres proposed by the project will have any demonstrable effect on the flow regime of Tributary 1. 2e. Who will be responsible for the review of the Stormwater Management Plan? City of Charlotte 3. Certified Local Government Stormwater Review 3a. In which localgovernment's jurisdiction is thisproject? City of Charlotte ❑x Phase II ❑ NSW 3b. Which of the following locally -implemented stormwater management programs ElUSMP apply (check all that apply): I ❑ Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ❑Yes ❑x No attached? 4. DWQ Stormwater Program Review ❑ Coastal counties ❑ HQW 4a. Which of the following state -implemented stormwater management programs apply ❑ ORW (check all that apply): ❑ Session Law 2006-246 ❑ Other: 4b. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑ No attached? S. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ❑ Yes No 5b. Have all of the 401 Unit submittal requirements been met? Yes ❑ No Page 8 of 10 PCN Form — Version 1.4 January 2009 F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) la. Does the project involve an expenditure of public (federal/state/local) funds or the ❑ Yes ❑x No use of public (federal/state) land? 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ❑ Yes ❑ No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1 c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval El Yes ❑ No letter.) Comments: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ❑ Yes ❑x No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after -the -fact permit application? ❑Yes ❑x No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in ❑Yes Q 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. Project includes construction of sanitary sewer facilities to tie into existing facilities on -site, which will be constructed entirely in high ground. No impacts for sewer connections are proposed. 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 No © ❑ habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act 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? NC Natural Heritage Program; no federally listed species occur within one mile of the project area. A field investigation during the optimal survey window (09/02/20) was conducted with no occurrences of federally listed species observed. Report of findings included with this document. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes © No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation © Yes ❑ No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? INC SHPO HPOWEB service. Project occurs near state listed historic properties, with none occurring on site. No impacts to historic properties will occur as a result of the project. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? © Yes ❑ No 8b. If yes, explain how project meets FEMA requirements: Project is designed to be compliant with all FEMA requirements by project engineer, under approval by local FEMA floodplain coordinator. 8c. What source(s) did you use to make the floodplain determination? FEMA National Flood Hazard Layer. 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 xa.�. PHASE2 9 C)o y PHASE 1 LEGEND -- - -- - r r ARROWOOD BUSINESS M.DiICT mmTR«aµ.. �1��Ijll I WIN C � OWN �11111 �� .t ARROWOOD BUSINESS DISTRICT • CHARLOTTE, NC • CONCEPT EXHIBIT PN 1019251 1 10.23.2020 1 KARMA REAL ESTATE j L4.01 ;6-------_ 185' of impacts estimated for Buried _ Culvert Crossin L4.03 � / 1 / IME L4.04` \ I'1AL4.05` _ i L4.10-----�q� - _ter_ 5�L W ARROWOOD BUSINESS DISTRICT w..E IE�n9roN.i99uNICE L4.00 MATCH TO SHEET LI.03 NV L ��✓ Y r ' . i,; � ,�"ram✓/ , ��/ o of impacts ! � estimated ted for Burietl \ Culvert Crossing — — — — — — — — — — — i 1 C_ — -- — -- >s s � � 1`1�1,�, � ��11 mow;= ���• 1 , _ LEGEND e 1 \ _ _________numN, NE 1 y` 1y 1-FERTv LINE AD —ER LINE 11 En9EMENT �1 — — — — — — BErer� N 11 rr�zli»ITl�znll �11` oEEOEo.REE. MATCH TO SHEET L4.05 � I . • .4 � �1 !ate -v �"a► a'��'7 � �, - r r 0 � ' 0 " � 0 - o 0 0 1� _ T MATCH TO SHEET C5.7U C.)I Jill Cn 8 M 1„ 4n 7 sting Exi Pond on y' Adjacent Property 3 i �- _ 17 ACRES PRE D \ 13 ACR f i \ o. 0 --I6 t j 1 F-7-1 1 , _ a ' PRE-DA4C 11 B ���CCRR'--EESS-- ,PRE-DA-4� � 1 1 1 °I 1" 1� 1 ` 1 DJ�III I PS 1 \ TO 36 RCP 21 ACRES 'q TO POI-2 i 7 IV - 11 ARROWOOD • CHARLOTTE, NC • PRE DRAINAGE EXHIBIT PNIO19251 I Stream Confluence N\/- - - 1QACRE rc cam sn��l sn�l���., Pn- 10 ACRES / \\ PRE-DA-1 \ \ \ \ _ \ 71 ACRES -• PRE-DA-2 \\\ \\\ a 21 ACRES 32 ACRES \ ---__— 9.75 ACRES 1 •' POI-2 Stream Confluence with Coffey Creek i 1 1 ORIGINAL 30'x42' SHEET LandDesign. t x / Pond on Adjacent 17 Acres of Drainage meets this Stream "_7 Confluence draining the INDUSTRIAL /\ / ZONsame drainage area as ®®® PosroAd� /��j pre -developed ED 3 CRC conditions bit i 17 acres of drag ins e - - originallydraining 'ZONED - SCN6 'ZONED to Existing Pond _ _ is treated and vONo • �` POI ] SCM 3 % • /! detained onsite to SAND FILTER pre -developed LIJ discharges with Stream an offline BMP or Y - - ./. �- �A �,��/,. l� 1 / Confluence SCM 48 Wet with Coffey Pond Creek - / \ ssi— MUDD ZONED \. \ POST DAJ WET + 1�` _ I V10 ACRES POND! 1 1 -MUD D ZONED 1 POST DA-213/ \ INDUSTRIAL \\ wp 1 , ; t \ 25�PCRPiS''• �� s � \ ZONED POSTDA-1A It MUDD ZONED TOTAL DA-i TO 81 ACRES \ 1 4 POSTbA-1d . �SCM-1POND - 1 I\' 19ACRES 100ACRES ((MUDD• \\ V AA A\ .INDUSTRIAL (ZONED) \\ \\ yp %� \ POST DA-2A 4 ACES rMUDD ZONED DA-OFS1 TO POIE2 STt \\ i 7 , I OFSm n1NE / N' �\ POND ✓ ` 1 FILTER I- awepmw Tv OFS eYFA55 loon Ica - �, l t 'SYSTEM j l' POST % r\ ARROWOOD • CHARLOTTE, NC • POST DRAINAGE EXHIBIT PN1019251 I ROY COOPER Governor MICHAEL S. REGAN Secretary TIM BAUMGARTNER Director Chris Thomas Childress Klein Properties 301 South College St Charlotte, NC 28202 Project: Arrowood Business District .C� sus NORTH CAROLINA Environmental Quality September 15, 2020 Expiration of Acceptance: 3/15/2021 County: Mecklenburg 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-di it HUC Impact Type Impact Quantity Catawba 03050103* Riparian Wetland 0.023 Catawba 03050103* Warm Stream 185 *DMS proposes to utilize the Catawba 03 Expanded Service Area to meet the mitigation requirement. 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. 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@ncdenr.gov. cc: Perry Isner, agent Sincerely, FOR James. B Stanfill Asset Management Supervisor D_EQ> NORTH CAROL'W o.p.ft-mrW1uvm North Carolina Department of Environmental Quality I Division of Mitigation Services 217 W. Jones Street 1 1652 Mail Service Center I Raleigh. North Carolina 27699-1652 919.707.8976 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2018-01886 County: Mecklenburg U.S.G.S. Quad: NC- Charlotte West NOTIFICATION OF JURISDICTIONAL DETERMINATION Requestor: Childress Klein Christopher Thomas Address: 301 South College Street, Suite 2800 Charlotte, NC 28202 Telephone Number: 704-342-9000 E-mail: chris.thomas inchildressklein.com Size (acres) 265 Nearest Town Charlotte Nearest Waterway Coffey Creek River Basin Santee USGS HUC 03050103 Coordinates Latitude: 35.1592 Longitude:-80.9431 Location description: The review area is located on the northeast corner of the intersection of West Arrowood Road and I-485. PINs: 20105106, 20105108, and 20145101. Indicate Which of the Followine Anply: 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 DATE. 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-2018-01886 ® 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 11/28/2018. 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 David L. Shaeffer at 704-510-1437 or david.l.shaeffe r(i� usace.arm v. mil. C. Basis For Determination: Basis For Determination: See the approved iurisdictional determination form dated 1/29/2020. D. Remarks: None. E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Phillip Shannin, Review Officer 60 Forsyth Street SW, Room 1OM15 Atlanta, Georgia 30303-8801 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by 3/29/2020. **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.** Digitally signed by �, SHAEFFER.DAVID.LEIGH.1260750573 Corps Regulatory Official: Date: 2020.01.30 10:34:09 -05'00' Date of JD: 1/29/2020 Expiration Date of JD: 1/29/2025 SAW-2018-01886 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/Vp=l 36:4:0 Copy furnished: Agent: Wetlands & Waters, Inc. Perry Isner Address: 328 East Broad Street, Suite D Statesville, NC 28677 Telephone Number: 704-7734239 E-mail: perrvisner(a wetlands-waters.com Property Owner: Steele Creek (1997), LP/Blind Squirrel Real Estate, LLC Matt Potter Address: 5625 Fairview Road Charlotte, NC 28210 Telephone Number: 704-553-8296 E-mail: mnotter60elkgambrell.com NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND r QUEST FQ& APPEAL Applicant: Childress Klein,Christopher Thomas File Number: SAW-2018-01886 Date: 02/07/2019 Attached is: See Section below ❑ INITIAL PROFFERED PERMIT Standard Permit or Letter ofpermission) A ❑ PROFFERED PERMIT Standard Permit or Letter of ermission B ❑ PERMIT DENIAL C ® APPROVED JURISDICTIONAL DETERMINATION D F11 PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I - The following identifies your rights and options regarding d `mistrative appeal of the above decision. Additional information may be found at or htt ://www usace army.niil/Missions/CivilWorks/Re u� latoryProgramandPermits.aspx or the Corps regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. SECTION 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. Phillip Shannin, Administrative Appeal Review Officer Attn: David L. Shaeffer CESAD-PDO Charlotte Regulatory Office U.S. Army Corps of Engineers, South Atlantic Division U.S Army Corps of Engineers 60 Forsyth Street, Room I0M15 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 opportunit to participate in all site investi 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: David L. Shaeffer, 69 Darlington Avenue, Wilmington, North Carolina 28403 For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 APPROVED JURISDICTIONAL DETERMINATION FORM U.S. Army Corps of Engineers This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook SECTION 1: BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD): 1/29/2020 B. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Steele Creek Industrial, SAW-2018-01886 C. PROJECT LOCATION AND BACKGROUND INFORMATION: The review area is located on the northeast corner of the intersection of West Arrowood Road and I-485. PINs: 20105106, 20105108, and 20145101. State: NC County/parish/borough: Mecklenburg City: Charlotte Center coordinates of site (lat/long in degree decimal format): Lat. 35.1592 , Long.-80.9431 Universal Transverse Mercator: Name of nearest waterbody: Coffey Creek Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: Name of watershed or Hydrologic Unit Code (HUC): 03050103 ® Check if map/diagram of review area and/or potential jurisdictional areas is/are available upon request. []Check if other sites (e.g., offsite mitigation sites, disposal sites, etc... ) are associated with this action and are recorded on a different JD form: D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑Office (Desk) Determination. Date: ®Field Determination. Date(s): l 1/9/2018 by the Corps SECTION II: SUMMARY OF FINDINGS A. RHA SECTION 10 DETERMINATION OF JURISDICTION. There are no "navigable waters of the U.S." within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the review area. [Required] ❑Waters subject to the ebb and flow of the tide. ❑Waters are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce. Explain: B. CWA SECTION 404 DETERMINATION OF JURISDICTION. There are "waters of the [IS." within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. [Required] 1. Waters of the U.S. a. Indicate presence of waters of U.S. in review area (check all that apply):' ❑TNWs, including territorial seas ❑Wetlands adjacent to TNWs ®Relatively permanent waters2 (RPWs) that flow directly or indirectly into TNWs (Tributary 1, 2, 3, 4, and 5) ❑Non-RPWs that flow directly or indirectly into TNWs ®Wetlands directly abutting RPWs that flow directly or indirectly into TNWs (Wetland 1) ®Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs (Wetlands A, B, D, and E) ❑Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs ❑Impoundments of jurisdictional waters ❑Isolated (interstate or intrastate) waters, including isolated wetlands b. Identify (estimate) size of waters of the U.S. in the review area: Non -wetland waters: 6,433 linear feet, 2-10 feet wide, and/or acres. Wetlands: 0.313 acres. c. Limits (boundaries) of jurisdiction based on: 1987 Delineation Manual and OHWM Elevation of established OHWM (if known): 2. Non -regulated waters/wetlands (check if applicable):' ❑ Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional. Explain: SECTION III: CWA ANALYSIS A. TNWs AND WETLANDS ADJACENT TO TNWs ' Boxes checked below shall be supported by completing the appropriate sections in Section III below. 2 For purposes of this form, an RPW is defined as a tributary that is not a TNW and that typically flows year-round or has continuous flow at least "seasonally" (e.g., typically 3 months). ' Supporting documentation is presented in Section III.F. The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. If the aquatic resource is a TNW, complete Section III.A.1 and Section III.D.1. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections III.A.1 and and Section III.D.I.; otherwise, see Section III.B below. 1. TNW Identify TNW: Summarize rationale supporting determination: Wetlandadjacent to TNW Summarize rationale supporting conclusion that wetland is "adjacent': B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY): This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps determine whether or not the standards for jurisdiction established under Rapanos have been met. The agencies will assert jurisdiction over non -navigable tributaries of TNWs where the tributaries are "relatively permanent waters" (RPWs), i.e. tributaries that typically flow year-round or have continuous flow at least seasonally (e.g., typically 3 months). A wetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNW, but has year-round (perennial) flow, skip to Section III.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow, skip to Section HI.D.4. A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts and EPA regions will include in the record any available information that documents the existence of a significant nexus between a relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable water, even though a significant nexus finding is not required as a matter of law. If the waterbody" is not an RPW, or a wetland directly abutting an RPW, a JD will require additional data to determine if the waterbody has a significant nexus with a TNW. If the tributary has adjacent wetlands, the significant nexus evaluation must consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for analytical purposes, the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is the tributary, or its adjacent wetlands, or both. If the JD covers a tributary with adjacent wetlands, complete Section III.B.1 for the tributary, Section III.B.2 for any onsite wetlands, and Section III.B.3 for all wetlands adjacent to that tributary, both onsite and offsite. The determination whether a significant nexus exists is determined in Section III.0 below. 1. Characteristics of non-TNWs that flow directly or indirectly into TNW (i) General Area Conditions: Watershed size: 854,017 acres (HUC 8) Drainage area: 0.66 square miles Average annual rainfall: inches Average annual snowfall: inches (ii) Physical Characteristics: (a) Relationship with TNW: ❑ Tributary flows directly into TNW. ® Tributary flows through 2 tributaries before entering TNW. Project waters are 15-20 river miles from TNW. Project waters are 1 or less river miles from RPW. Project waters are 5-10 aerial (straight) miles from TNW. Project waters are 1 or less aerial (straight) miles from RPW. Project waters cross or serve as state boundaries. Explain: Identify flow route to TNWS: Coffey Creek flows to Sugar Creek which flows to Catawba River. Tributary stream order, if known: (b) General Tributary Characteristics (check all that apply): Tributary is: ® Natural ❑ Artificial (man-made). Explain: ® Manipulated (man -altered). Explain: Tributary 5 SRPW has been extensively ditched. 'Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the and West. 'Flow route can be described by identifying, e.g., tributary a, which flows through the review area, to flow into tributary b, which then flows into TNW. Tributary properties with respect to top of bank (estimate): Average width: 5 feet Average depth: 0.5 feet Average side slopes: 2:1 Primary tributary substrate composition (check all that apply): ® Silts ® Sands ❑ Concrete ® Cobbles ❑ Gravel ❑ Muck ® Bedrock ❑ Vegetation. Type/%cover: ❑ Other. Explain: Tributarycondition/stability [e.g., highly eroding, sloughing banks]. Explain: Presence of run/riffle/pool complexes. Explain: Tributary geometry: Meandering Tributary gradient (approximate average slope): % (c) Flow: Tributary provides for:Perennial (Tributary 1, 3, and 2) and Seasonal (Tributary 4 and 5) Estimate average number of flow events in review area/year: 20 (or greater) Describe flow regime: Perennial flow in larger perennial tributaries and flow during storm events and in the winter months due to an elevated water table in the seasonal tributaries. Other information on duration and volume: Surface flow is: Discrete and confined. Characteristics: Flows within the boundaries of an OWHM on all RPWs. Subsurface flow: Unknown. Explain findings: ❑ Dye (or other) test performed: Tributary has (check all that apply): ® Bed and banks ®OHWM6(check all indicators that apply): ®clear, natural line impressed on the bank ®changes in the character of soil []shelving ❑vegetation matted down, bent, or absent ❑leaf litter disturbed or washed away ®sediment deposition ❑water staining ❑other (list): ❑ Discontinuous OHWM.' Explain: ® the presence of litter and debris ❑ destruction of terrestrial vegetation ® the presence of wrack line ® sediment sorting ❑ scour ® multiple observed or predicted flow events ❑ abrupt change in plant community If factors other than the OHWM were used to determine lateral extent of CWA jurisdiction (check all that apply): ❑ High Tide Line indicated by: ❑Mean High Water Mark indicated by: ❑oil or scum line along shore objects ❑ survey to available datum; ❑fine shell or debris deposits (foreshore) ❑ physical markings; ❑physical markings/characteristics ❑ vegetation lines/changes in vegetation types. ❑tidal gauges ❑other (list): (iii) Chemical Characteristics: Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.). Explain: Water color is generally clear. Identify specific pollutants, if known: (iv) Biological Characteristics. Channel supports (check all that apply): ® Riparian corridor. Characteristics (type, average width): 100+ feet wide forested. ®Wetland fringe. Characteristics: Some tributaries have small adjacent and abutting wetlands. ❑Habitat for: ❑ Federally Listed species. Explain findings: ❑ Fish/spawn areas. Explain findings: ❑ Other environmentally -sensitive species. Explain findings: ❑ Aquatic/wildlife diversity. Explain findings: 6A natural or man-made discontinuity in the OHWM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where the OHWM has been removed by development or agricultural practices). Where there is a break in the OHWM that is unrelated to the waterbody's flow regime (e.g., flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break. 'Ibid. 2. Characteristics of wetlands adjacent to non-TNW that flow directly or indirectly into TNW (i) Physical Characteristics: (a) General Wetland Characteristics: Properties: Wetland size: 0.313 acres Wetland type. Explain: Forested Wetland quality. Explain: Medium to High Anecdotally Project wetlands cross or serve as state boundaries. Explain: (b) General Flow Relationship with Non-TNW: Flow is:Intermittent flow. Explain: The wetlands flow to the RPW during the winter months when the ground water table is high and during rain events. Surface flow is: Overland sheetflow Characteristics: Evidence of flow (rack lines and erosion) is present between the Tributary and wetlands. Subsurface flow: Unknown. Explain findings: ❑ Dye (or other) test performed: (c) Wetland Adjacency Determination with Non-TNW: ❑ Directly abutting ® Not directly abutting ® Discrete wetland hydrologic connection. Explain: Wetlands proximate to tributaries (less than 100') and flow over -land into tributaries. ❑ Ecological connection. Explain: ❑ Separated by berm/barrier. Explain: (d) Proximity (Relationship) to TNW Project wetlands are 5-10 river miles from TNW. Project waters are 5-10 aerial (straight) miles from TNW. Flow is from: Wetland to navigable waters. Estimate approximate location of wetland as within the 50-100 year floodplain. (ii) Chemical Characteristics: Characterize wetland system (e.g., water color is clear, brown, oil film on surface; water quality; general watershed characteristics; etc.). Explain: Water color is clear or slightly dark from organics, where present. Identify specific pollutants, if known: (iii) Biological Characteristics. Wetland supports (check all that apply): ® Riparian buffer. Characteristics (type, average width): Forested 100+ feet wide ®Vegetation type/percent cover. Explain: 100% Forested ❑Habitat for: ❑ Federally Listed species. Explain findings: ❑ Fish/spawn areas. Explain findings: ❑ Other environmentally -sensitive species. Explain findings: ❑ Aquatic/wildlife diversity. Explain findings: 3. Characteristics of all wetlands adjacent to the tributary (if any) All wetland(s) being considered in the cumulative analysis: 5 Approximately acres in total are being considered in the cumulative analysis. For each wetland, specify the following: Directly abuts? (Y/N) Size (in acres) Directly abuts? (Y/N) Size (in acres) Wetland 1 - Yes 0.023 Wetland D - No 0.22 Wetland A — No 0.03 Wetland E - No 0.02 Wetland B - No 0.02 Summarize overall biological, chemical and physical functions being performed: The wetlands primarily provide flood water retention and nutrient removal to adjacent upland areas and tributaries. They also provide habitat for native aquatic species. C. SIGNIFICANT NEXUS DETERMINATION A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed by any wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological integrity of a TNW. For each of the following situations, a significant nexus exists if the tributary, in combination with all of its adjacent wetlands, has more than a speculative or insubstantial effect on the chemical, physical and/or biological integrity of a TNW. Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flow of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e.g. between a tributary and its adjacent wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland lies within or outside of a floodplain is not solely determinative of significant nexus. Draw connections between the features documented and the effects on the TNW, as identified in the Rapanos Guidance and discussed in the Instructional Guidebook. Factors to consider include, for example: • Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to TNWs, or to reduce the amount of pollutants or flood waters reaching a TNW? Yes. • Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW? Yes. • Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that support downstream food webs? Yes. • Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or biological integrity of the TNW? Yes. Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented below: Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section III.D: Significant nexus findings for non-RPW and its adjacent wetlands, where the non-RPW flows directly or indirectly into TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section III.D: Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section III.D: The wetlands flow directly to the RPW when the water table is high. The wetlands store urban runoff in the floodplain during large storm events and remove pollutants from the urban runoff. The wetlands also provide habitat for animals moving back and forth between the RPW and adjacent wetlands. D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL THAT APPLY): TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area: ❑TNWs: linear feet, wide, Or acres. []Wetlands adjacent to TNWs: acres. RPWs that flow directly or indirectly into TNWs. ® Tributaries of TNWs where tributaries typically flow year-round are jurisdictional. Provide data and rationale indicating that tributary is perennial: Features observed with multiple flow events and presence of aquatic life. ® Tributaries of TNW where tributaries have continuous flow "seasonally" (e.g., typically three months each year)are jurisdictional. Data supporting this conclusion is provided at Section III.B. Provide rationale indicating that tributary flows seasonally: Features observed during growing season without flow and during wetter times (winter) with flow. Provide estimates for jurisdictional waters in the review area (check all that apply): ® Tributary waters: 6,433 linear feet 2-10 feet wide. ❑Other non -wetland waters: acres. Identify type(s) of waters: Non-RPWss that flow directly or indirectly into TNWs. ❑Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a TNW, and it has a significant nexus with a TNW is jurisdictional. Data supporting this conclusion is provided at Section III.C. Provide estimates for jurisdictional waters within the review area (check all that apply): ❑ Tributary waters: linear feet, wide. ❑Other non -wetland waters: acres. Identify type(s) of waters: 'See Footnote # 3. Wetlands directly abutting an RPW that flow directly or indirectly into TNWs. ® Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands. ❑ Wetlands directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale indicating that tributary is perennial in Section III.D.2, above. Provide rationale indicating that wetland is directly abutting an RPW: ®Wetlands directly abutting an RPW where tributaries typically flow `-seasonally." Provide data indicating that tributary is seasonal in Section III.B and rationale in Section III.D.2, above. Provide rationale indicating that wetland is directly abutting an RPW: Wetland 1 is contiguous with Tributary 4. Provide acreage estimates for jurisdictional wetlands in the review area: acres. 5. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs. ❑ Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisidictional. Data supporting this conclusion is provided at Section III.C. Provide acreage estimates for jurisdictional wetlands in the review area: acres. Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs. ®Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional. Data supporting this conclusion is provided at Section III.C. Provide estimates for jurisdictional wetlands in the review area: acres. Impoundments of jurisdictional waters.' As a general rule, the impoundment of a jurisdictional tributary remains jurisdictional. ❑ Demonstrate that impoundment was created from "waters of the U.S.," or ❑ Demonstrate that water meets the criteria for one of the categories presented above (1-6), or ❑ Demonstrate that water is isolated with a nexus to commerce (see E below). E. ISOLATED [INTERSTATE OR INTRA-STATE] WATERS, INCLUDING ISOLATED WETLANDS, THE USE, DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY SUCH WATERS (CHECK ALL THAT APPLY):10 ❑which are or could be used by interstate or foreign travelers for recreational or other purposes. ❑from which fish or shellfish are or could be taken and sold in interstate or foreign commerce. ❑which are or could be used for industrial purposes by industries in interstate commerce. ❑ Interstate isolated waters. Explain: ❑ Other factors. Explain: Identify water body and summarize rationale supporting determination: Provide estimates for jurisdictional waters in the review area (check all that apply): ❑ Tributary waters: linear feet, wide. ❑Other non -wetland waters: acres. Identify type(s) of waters: ❑Wetlands: acres. F. NON -JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY): ❑ If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers Wetland Delineation Manual and/or appropriate Regional Supplements. ❑Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce. ❑ Prior to the Jan 2001 Supreme Court decision in "SWANCC," the review area would have been regulated based solely on the "Migratory Bird Rule" (MBR). ❑ Waters do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction. Explain: ❑Other: (explain, if not covered above): 'To complete the analysis refer to the key in Section III.D.6 of the Instructional Guidebook. 10Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA HQ for review consistent with the process described in the Corps/EPA Memorandum Regarding CWA Act Jurisdicdon Following Rapanos. Provide acreage estimates for non jurisdictional waters in the review area, where the sole potential basis of jurisdiction is the MBR factors (i.e., presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional judgment (check all that apply): ❑Non -wetland waters (i.e., rivers, streams):linear feet, wide. ❑Lakes/ponds: acres. ❑Other non -wetland waters: acres. List type of aquatic resource: ❑Wetlands: acres. Provide acreage estimates for non jurisdictional waters in the review area that do not meet the "Significant Nexus' standard, where such a finding is required for jurisdiction (check all that apply): ❑Non -wetland waters (i.e., rivers, streams):linear feet, wide. ❑Lakes/ponds: acres. ❑Other non -wetland waters: acres. List type of aquatic resource: ❑Wetlands: acres. SECTION IV: DATA SOURCES. A. SUPPORTING DATA. Data reviewed for JD (check all that apply - checked items shall be included in case file and, where checked and requested, appropriately reference sources below): ® Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant: Figure 2 dated 11/28/2018 ® Data sheets prepared/submitted by or on behalf of the applicant/consultant. ® Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. ❑ Data sheets prepared by the Corps: ❑ Corps navigable waters' study: ® U.S. Geological Survey Hydrologic Atlas: Nationamap.gov ® USGS NHD data. ® USGS 8 and 12 digit HUC maps. ❑ U.S. Geological Survey map(s). Cite scale & quad name: ® USDA Natural Resources Conservation Service Soil Survey. Citation: ESRI NRCS SSURGO Soils Mapservice ® National wetlands inventory map(s). Cite name: USFWS NWI Mapservice ❑ State/Local wetland inventory map(s): ❑ FEMA/FIRM maps: ❑ 100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929) ® Photographs: ❑Aerial (Name & Date): Or ®Other (Name & Date): 24 photos dated 4/13/2018 and 4/26/2018 ❑ Previous determination(s). File no. and date of response letter: ❑ Applicable/supporting case law: ❑ Applicable/supporting scientific literature: ❑ Other information (please specify): B. ADDITIONAL COMMENTS TO SUPPORT JD: DF1 Wetland A -0.03 acres Wetland E Tributary 3 PRPW -0.02 acres 2025 LF Wetland B -0.02acres DF2 Linear Wetland 1 Tributary 1 PRPW y 985-LF UT to Coffey Creek -r0.023 a res 3050 LF Wetland D -0.22 acres ributary 4 SRPW Tributary,! PRPW 83_LF UT to Coffey Creek Tributary 1225 LF 5 SRPW ` - 50 LF *Wetland Sketch provided for illustrative purposes for preliminary planning use only. Not intended to be relied upon for exact location, dimensions, or orientation. All findings and assessments made by wetland consultants regarding limits of jurisdiction or permitting requirements are subject to DF3 verification by the US Army Corps of Engineers and other appropriate state and local authorities. 1, N 200 ft� LANDB 8cWWA79r INC. Owner Childress Childress Klein Properties ProjecSteele Creek Industrial RS. Developer Namet Figure 2: Approximate Depiction T ity /. Charlotte County: Mecklenburg State: NC Tax N s . 20105106, 20145101, 20105114, 20105108, 20105110 Coordinates (Lat/Long): 35.15923-80.94314 AID SAW-2018-01886 Scale: 1" _ 200' Date Modified: 11/28/2 of Aquatic Resources : NCHPO HPOWEB 9/912020, 9:46:18 AM •..: Local districts & boundaries Surveyed in NRHD Surveyed Area in NHRD SL and DOE SL individual resources & centerpoints Local individual resources & centerpoints ' Surveyed Only, Gone DOE districts &boundaries ' SL and DOE, Gone SL Individual Entry Local Landmark � Determined Eligible Boundary • SL and DOE entry Surveyed in NRHD, Gone DOEHD Center Point Local Landmark, Gone ,, = Both DOE and Study List Boundary Study List Entry, Gone Blockface- Multiple properties SLDOEHD Canter Point { Local HD Center Point Blockface in NRHD DOE individual resources & centerpoints SL districts &boundaries • SL and DOE, Gone Surveyed Only individual resources & centerpoints • Determined Eligible = Study List Boundary * SLHD Center Point _ Surveyed Area, No designation " Surveyed Only • DOE, Gone = Both SL and Determined Eligible Boundary # SLDOEHD Center Point 1:18,056 0 0.17 0.35 0.7 mi 0 0.28 0.55 1.1 km Source: Esn. Maxar, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID. IGN, and the GIS User Community North Carolina State Historic Preservation Office NC CGIA, USDA FSA i DIRECTION 35.15532'N ACCURACY 10 m DIRECTION 35.15534`N ACCURACY 10 m 263 deg(T) 080.94614'W DATUM WG584 111 deg(T) 080.94614'W DATUM WG584 .41 54 �.���'` •ash '� r� ,' y �+�,. \ �. ir �ti CKP Arrowood Trih 4 2020-08-19 CKP Arrowood Trib 4 2020-08-19 12:06:45-04:00 12:06:53-04:00 1 m DIRECTION 35.15558"N ACCURACY 5 m 148 deg(T) 080.94670'W DATUM WG584 14 l � • t' � b At- Ilk,Wo CKP Arrovnod Trih 4 2920-08-19 12:11: ®7-H4i00 DIRECTION 35.15570'N ACCURACY 5 m 305 deg(T) 080.94667°W DATUM WGS84 CKP Arrowood Linear wetland 2020-08-19 12:10:03-04:00 DIRECTION 35.15603'N ACCURACY 10 m 359 deg(T) 080.94694'W DATUM WGS84 *,ewe ♦. b '... f-mow'- w za '4 CKP Arrowood Linear wetland 2020-08-19 12:13:22-04:00 NC WAM FIELD ASSESSMENT FORM a.0 Project Name Arrowood Date of Evaluation 08/19/20 Applicant/Owner Name Childress Klein Wetland Site Name Linear Wetland 1 Wetland Type Headwater Forest Assessor Name/Organization Perry Isner / WBW, Inc. Level III Ecoregion Piedmont Nearest Named Water Body Coffey Creek River Basin Catawba USGS 8-Digit Catalogue Unit 03050103 County Mecklenburg NCDWR Region Mooresville ® Yes ❑ No Precipitation within 48 hrs? Latitude/Longitude deci-de reel 35.15570,-80.94667 Evidence of stressors affecting the assessment area (may not be within the assessment area) Please circle and/or make note on the last page if evidence of stressors is apparent. Consider departure from reference, if appropriate, in recent past (for instance, 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? ❑ Yes ® No Regulatory Considerations - Were regulatory considerations evaluated? ®Yes ❑No If Yes, check all that apply to the assessment area. ❑ Anadromous fish ❑ Federally protected species or State endangered or threatened species ❑ NCDWR riparian buffer rule in effect ❑ Abuts a Primary Nursery Area (PNA) ❑ Publicly owned property ❑ N.C. Division of Coastal Management Area of Environmental Concern (AEC) (including buffer) ❑ Abuts a stream with a NCDWQ classification of SA or supplemental classifications of HQW, ORW, or Trout ❑ Designated NCNHP reference community ❑ 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 ❑ Wind ❑ Both Is the assessment area on a coastal island? ❑ Yes ® No Is the assessment area's surface water storage capacity or duration substantially altered by beaver? ❑ Yes ® No Does the assessment area experience overbank flooding during normal rainfall conditions? ❑ Yes ® No 1. Ground Surface ConditionNegetation 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 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 5 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. Select the appropriate storage for the assessment area (AA) and the wetland type (WT). AA WT 3a. ❑A ❑A Majority of wetland with depressions able to pond water > 1 deep ❑B ❑B Majority of wetland with depressions able to pond water 6 inches to 1 foot deep ®C ®C Majority of wetland with depressions able to pond water 3 to 6 inches deep ❑D ❑D Depressions able to pond water < 3 inches deep 3b. ❑A Evidence that maximum depth of inundation is greater than 2 feet ❑B Evidence that maximum depth of inundation is between 1 and 2 feet ®C 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 top 12 inches. Use most recent National Technical Committee for Hydric Soils guidance for regional indicators. 4a. ❑A Sandy soil ®B Loamy or clayey soils exhibiting redoximorphic features (concentrations, depletions, or rhizospheres) ❑C Loamy or clayey soils not exhibiting redoximorphic features ❑D Loamy or clayey gleyed soil ❑E Histosol or histic epipedon 4b. ❑A Soil ribbon < 1 inch ®B Soil ribbon 2 1 inch 4c. ®A 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). WS 5M 2M ®A ®A ®A > 10% impervious surfaces ❑B ❑B ❑B Confined animal operations (or other local, concentrated source of pollutants ❑C ❑C ❑C t 20% coverage of pasture ❑D ❑D ❑D 2 20% coverage of agricultural land (regularly plowed land) ❑E ❑E ❑E 2 20% coverage of maintained grass/herb ❑F ❑F ❑F 2 20% coverage of clear-cut land ®G ®G ❑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 drainage and/or overbank flow from affecting 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 ®No If Yes, continue to 7b. If No, skip to Metric 8. 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. 7b. How much of the first 50 feet from the bank is wetland? (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.) ❑A z 50 feet ❑B From 30 to < 50 feet ❑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. 05 15-feet wide ❑> 15-feet wide ❑ Other open water (no tributary present) 7d. Do roots of assessment area vegetation extend into the bank of the tributary/open water? ❑Yes ❑No 7e. Is stream 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 2 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 for riverine wetlands only. 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 2 100 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 OF ❑F From 15 to < 30 feet ❑G ❑G From 5 to < 15 feet ❑H ®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). ❑A Sediment deposition is not excessive, but at approximately natural levels. ®B 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 dear -cut, select "K" for the FW column. WT WC FW (if applicable) ❑A ❑A ❑A >_ 500 acres ❑B ❑B ❑B From 100 to < 500 acres ❑C ❑C ❑C From 50 to < 100 acres ❑D ❑D ❑D From 25 to < 50 acres ❑E ❑E ❑E From 10 to < 25 acres OF OF ❑F From 5 to < 10 acres ❑G ❑G ❑G From 1 to < 5 acres ❑H ❑H ❑H From 0.5 to < 1 acre ❑I ❑1 ❑I From 0.1 to < 0.5 acre ❑J ❑J ❑J From 0.01 to < 0.1 acre ®K ®K ®K < 0.01 acre or assessment area is clear-cut 12. Wetland Intactness —wetland type condition metric (evaluate for Pocosins only) ❑A Pocosin is the full extent (z 90%) of its natural landscape size. ❑B Pocosin type 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 metric evaluates whether the wetland is well connected (Well) and/or loosely connected (Loosely) to the landscape patch, the contiguous 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, maintained fields (pasture and agriculture), or open water > 300 feet wide. Well Loosely ❑A ❑A >_ 500 acres ®B ®B From 100 to < 500 acres ❑C ❑C From 50 to < 100 acres ❑D ❑D From 10 to < 50 acres ❑E ❑E < 10 acres OF ❑F Wetland type has a poor or no connection to other natural habitats 13b. Evaluate for marshes only. ❑Yes ❑No 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 a 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 directions? If the assessment area is clear cut, select option "C." ❑A 0 ®B 1 to 4 ❑C 5to8 15. Vegetative Composition —assessment area condition metric (skip for all marshes and Pine Flat) ❑A 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. ®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. ❑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) ❑A Vegetation diversity is high and is composed primarily of native species (< 10% cover of exotics). ❑B Vegetation diversity is low or has > 10% to 50% cover of exotics. ®C Vegetation is dominated by exotic species (> 50 % cover of exotics). 17. Vegetative Structure — assessment area/wetland type condition metric 17a. Is vegetation present? ®Yes ❑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 2 25% coverage of vegetation ❑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 o ®A ®A Canopy closed, or nearly closed, with natural gaps associated with natural processes m ❑B ❑B Canopy present, but opened more than natural gaps U ❑C ❑C Canopy sparse or absent Z g ®A ®A Dense mid-story/sapling layer ❑B ❑B Moderate density mid-story/sapling layer ❑C ❑C Mid-story/sapling layer sparse or absent ®A t ❑B ®A ❑B Dense shrub layer Moderate density shrub layer U) ❑C ❑C Shrub layer sparse or absent ❑A ❑A Dense herb layer _ ❑B ❑B Moderate density herb layer ®C ®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 A 19. Diameter Class Distribution — wetland type condition metric (skip for all marshes) ❑A Majority of canopy trees have stems > 6 inches in diameter at breast height (DBH); many large trees (> 12 inches DBH) are present. ®B Majority of canopy trees have stems between 6 and 12 inches DBH, few are > 12 inch DBH. ❑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. ❑A Large logs (more than one) are visible (> 12 inches in diameter, or large relative to species present and landscape stability). ®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. ❑A ❑B ❑C ❑D y�1 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. ❑A Overbank and overland flow are not severely altered in the assessment area. ®B Overbank flow is severely altered in the assessment area. ❑C Overland flow is severely altered in the assessment area. ❑D Both overbank and overland flow are severely altered in the assessment area. Notes NC WAM Wetland Rating Sheet Accompanies User Manual Version 5.0 Wetland Site Name Linear Wetland 1 Date of Assessment 08/19/20 Wetland Type Headwater Forest Assessor Name/Organization Perry Isner / W&W, Inc. Notes on Field Assessment Form (YIN) NO 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) NO Assessment area is substantially altered by beaver (Y/N) NO Assessment area experiences overbank flooding during normal rainfall conditions (Y/N) NO Assessment area is on a coastal island (Y/N) NO Sub -function Rating Summa Function Sub -function Metrics Rating Hydrology Surface Storage and Retention Condition LOW Sub -surface Storage and Retention Condition LOW Water Quality Pathogen Change Condition MEDIUM Condition/Opportunity MEDIUM Opportunity Presence (Y/N) NO Particulate Change Condition LOW 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 LOW Landscape Patch Structure Condition LOW Vegetation Composition Condition MEDIUM Function Ratina Summa Function Metrics Rating Hydrology Condition LOW Water Quality Condition LOW Condition/Opportunity LOW Opportunity Presence (Y/N) NO Habitat Condition LOW Overall Wetland Rating LOW W& WETLANDS WATERB9 INC. Christopher Thomas Childress Klein 301 South College Street, Suite 2800 Charlotte, NC 28202 RE: Threatened and Endangered Species Evaluation Arrowood Site Charlotte, Mecklenburg County, NC PIN: 20105106, 20105108, 20145101 Mr. Thomas, September 18, 2020 Wetlands & Waters, Inc. (W&W) has completed a cursory evaluation of the above referenced property assemblage (hereafter referred to as "review area") for the purposes of determining the presence or absence of Federal threatened and endangered species and the presence of suitable habitat for those species. Evaluation of the review area included a desktop review for known species and critical habitat occurrences within or in close proximity to the project area, field reviews of known extant populations of rare species prior to onsite field surveys, and onsite field surveys designed to evaluate potentially suitable habitat and occurrences of species known to exist in Union County. This report may be used by the U.S. Army Corps of Engineers (or other Lead Federal Agency) to determine if additional coordination will be required with the U.S. Fish and Wildlife Service under the Endangered Species Act. The review area was determined based on the footprint of disturbance of a proposed industrial development; the site is located northeast of the Interstate 485-Arrowood Road interchange, east of Sandy Porter Road and north of Arrowood Road. Figure 1 depicts the review area for the purpose of this report. All areas of potentially suitable habitat of Federal threatened and endangered species within the proposed disturbance area were evaluated for species occurrences. Field surveys were performed the week of May 18, 2020 and August 31, 2020. Photographs documenting reference populations (if applicable) and existing site conditions are included in Attachment A. No Federal threatened or endangered species were identified in the review area, and no designated Critical Habitat occurs within the review area. The following report details the resources and methodologies used to make this determination. References and Pre -Survey Protocol W&W referenced the U.S. Fish & Wildlife Service (USFWS) list of Endangered, Threatened, and Candidate Species known to occur in Mecklenburg County, NC (Table 1) and utilized the USFWS Information for Planning and Consultation (IPaQ system to generate an official species list (Attachment B) to identify threatened and endangered species and proposed and final designated critical habitat that may occur within the review area and/or may be affected by proposed development within the review area. Additionally, the North Carolina Natural Heritage Program (NCNHP) database (Attachment C) was consulted to identify natural heritage resources for the review area. Collectively, these resources were used to develop limiting criteria for the field evaluation. Wetlands & Waters, Inc. WETLAND AND ENVIRONMENTAL CONSULTANTS W& WETLANDS WATERS9 INC. Table 1 Endangered (E) and Threatened (T) Species in Mecklenburg County, North Carolina Species Federal Status Record Status Common Name Scientific Name Bald Eagle Haliaeetus leucocephalus BGPAI Current2 Northern Long -Eared Bat Myotis septentrionalis T Probable/Potential Carolina Heelsplitter Lasmigona decorata E Current Rusty -Patched Bumble Bee Bombus affinis E Historical3 Michaux's Sumac Rhus michauxii E Current Schweinitz's Sunflower Helianthus schweinitzii E Current Smooth Coneflower Echinacea laevigata E Current Prior to conducting field evaluations, W&W staff review USFWS published data to validate diagnostic characteristics for the subject species. When practical, known populations of Federal threatened and endangered species are referenced in a non -intrusive manner for confirmation of seasonal growth progress, diagnostic features, and behavioral characteristics. Species and Habitat Descriptions Following are abbreviated habitat descriptions of species with federal protection listed by USFWS as potentially occurring in Mecklenburg County, NC. Additional species fact sheets are available at the client's request. Bald Eagle (Haliaeetus leucocephalus) Bald Eagles require consistent food sources, perching areas, and nesting sites to survive. Their habitat includes estuaries, large lakes such as Lake Norman and Lake Wylie, reservoirs, rivers such as the Catawba River, and some coastal areas where there are suitable fish populations to provide a food source. Nests are typically located in larger trees of a wooded area where open views of the surrounding area are ample. Northern Long -Eared Bat (Myotis septentrionalis) Northern Long -Eared Bats are medium sized, with dark brown coloring on the back and tawny on the underside. The species roosts during summer months singly or in colonies in live or dead trees (e.g. tree bark, cavities), caves, mines, and infrequently in man-made structures such as barns or sheds, and hibernates during winter months in caves and mines where temperatures are constant and air currents are minimal. Carolina Heelsplitter Lasmi ona decorata) The Carolina Heelsplitter is a freshwater mussel species with final designated critical habitat. The primary constituent elements of critical habitat for this species include: permanent, flowing, cool, clean water; geomorphically stable stream and river channels and banks; pool, riffle, and run sequences within the Bald and Golden Eagle Protection Act (BGPA). 2 Current record status indicates the species has been observed in the county within the last 50 years. 3 Based on NC NHP information, this taxon is considered to be historical in the county, meaning that all recorded occurrences are either extirpated, have not been found in recent surveys, or have not been surveyed recently enough to be confident that they are still present Wetlands & Waters, Inc. WETLAND AND ENVIRONMENTAL CONSULTANTS WaWETLANDS WATERSp INC. channel; stable substrates with no more than low amounts of fine sediment; moderate stream gradient; periodic natural flooding; and fish hosts, with adequate living, foraging, and spawning areas for them. Rusty -Patched Bumble Bee (Bombus a(finis) The Rusty -Patched Bumble Bee are seen in areas that provide nectar and pollen from flowering plants, nesting opportunity underground or in other clumped debris, and overwintering sites for hibernation where soils remain undisturbed. The long flight season of the Rusty -Patched Bumble Bee, from March or April through October, require that the species have access to diverse flowering plants that can provide nectar and pollen throughout this period. The species typically forages within 0.6 miles of their nests, which are commonly associated with areas that contain natural and semi -natural upland grassland, shrubland, woodlands, and forests. This species is considered a historic occurrence in Mecklenburg County. Michaux's Sumac (Rhus michauxii) Michaux's Sumac grows in sandy or rocky open woods areas in association with basic soils, where land disturbance has provided an open area, such as in utility or transportation rights -of -way. Periodic fire is required as part of this species' ecology. Schweinitz's Sunflower (Helianthus schweinitzii) Schweinitz's Sunflower occurs in open areas that provide full to partial sun and that typically host poor soils. As with Michaux's Sumac, Schweinitz's Sunflower is associated with areas that have experienced land disturbance, where canopy openings provide sunlight and competition from other herbaceous and woody vine species is minimal. The species is most abundant in unforested, permanently maintained openings with soils that often are shallow with exposed boulders and bedrock. Smooth Coneflower (Echinacea laeviQata) The Smooth Coneflower is found in Piedmont regions of the US and is typically associated with areas receiving full sunlight with calcium and magnesium rich soils. The species is found in open woods, cedar barrens, roadsides, clear cuts, and powerline rights -of -way, where competition from other herbaceous and woody vine species is minimal. Findings The review area is primarily undeveloped woodlands, with interspersed relic forestry roads and transitional and aquatic habitats. Highway right-of-way areas adjacent to Interstate 485 and Sandy Porter Road on the western review area boundary provide canopy openings with early successional growth and edge/transitional habitat. Portions of the southern review area boundary provide transitional habitat adjacent to Arrowood Road, although the right -Of -way is routinely landscaped to facilitate pedestrian travel. An unmaintained sanitary sewer easement borders the northern review area boundary and provides early successional growth. Aquatic habitat includes intermittent and perennial streams, as well as wetlands. Surrounding land use is dominated by successional forest and residential, commercial, and industrial development. W&W did not identify previously unidentified populations of Federal threatened or endangered species within the review area. The NC NHP report indicates that there are no records for rare species, important natural communities, or natural areas within the review area or within a one -mile radius of the review area. Additionally, the NC NHP report lists the Mecklenburg County Coffey Creek Greenway as Wetlands & Waters, Inc. WETLAND AND ENVIRONMENTAL CONSULTANTS WaETLAN DS WATERSV INC. occurring within the project area, but this appears to be a GIS mapping error. Following are species - specific survey results. • Bald Eagle: The review area and general vicinity lack consistent food sources and habitat for the Bald Eagle. W&W did not observe occurrences of the species or possible nests during the field review. Northern Long -Eared Bat: Suitable summer roosting habitat may be present in forested portions of the review area. No known hibernacula or maternity roost trees occur in Mecklenburg County. Correspondence from USFWS dated June 3, 2020 (Attachment D) states that, "...the project (which may or may not require tree clearing) would occur at a location where any incidental take that may result from associated activities is exempt under the 4(d) rule." Based on this correspondence, no further action is required in relation to the Northern Long -Eared Bat. W&W did not observe occurrences of the species during the field review. • Carolina Heelsplitter: The review area lies outside of the final designated critical habitat for this species. W&W did not observe evidence of the species during the field review. • Rusty -Patched Bumble Bee: W&W did not observe evidence of established nests or occurrences of the species during the field review. • Michaux's Sumac: W&W evaluated all possible habitat for Michaux's Sumac within the proposed project's footprint of disturbance in suitable habitat areas, including but not limited to highway rights -of -way, sanitary sewer easements, relic forest roads, and within canopy openings. W&W did not discover any previously unknown populations of the species within the review area. • Schweinitz's Sunflower: W&W evaluated all possible habitat for Schweinitz's Sunflower within the proposed project's footprint of disturbance in suitable habitat areas, including but not limited to highway rights -of -way, sanitary sewer easements, relic forest roads, and within canopy openings. Reference populations were observed on August 17, 2020 and August 27, 2020 to confirm regional growth patterns. W&W did not discover any previously unknown populations of the species within the review area. • Smooth Coneflower: W&W evaluated all possible habitat for Smooth Coneflower within the proposed project's footprint of disturbance in suitable habitat areas, including but not limited to highway rights -of -way, sanitary sewer easements, relic forest roads, and within canopy openings. W&W did not discover any previously unknown populations of the species within the review area. Recommendations Should future project plans necessitate impacts to Clean Water Act Section 404 regulated features or acquisition of a federal permit from another agency, W&W recommends coordination with the lead federal agency or, under some circumstances, USFWS, to assess potential project -mediated impacts to federally protected species. The results of this survey can be supplied during federal permitting processes Wetlands & Waters, Inc. WETLAND AND ENVIRONMENTAL CONSULTANTS WWETLANDS WATERSV INC. to support species effect determinations per Endangered Species Act requirements. Additionally, a document provided by the regional USFWS office identifies the Optimal Survey Window and number of years a survey is valid for plant species with state and federal protections in North Carolina (Attachment D). The USFWS has indicated that surveys conducted for federal threatened and endangered plants outside of the Optimal Survey Window are insufficient, which has the potential to result in significant project delays if a federal permit is required for project -related impacts and surveys are conducted outside of this window or are no longer valid. W&W can assist with determining an effective strategy to address potential permitting issues and efficient timing. This concludes W&W's assessment of the presence or absence of Federal threatened and endangered species and the presence of suitable habitat for those species. Should you require more information regarding the results of our evaluation, please do not hesitate to contact us. Sincerely, Meagan Jolly 704.681.3479 Wetlands & Waters, Inc. WETLAND AND ENVIRONMENTAL CONSULTANTS Review Area ,. 7q a Project Name: Arrowood Site Owner / Developer: Childress Klein WETLANDS city/county: Charlotte/Mecklenburg s� W AT E R S , INC. Tax PIN(s): 20105106, 20105108, 20145101 Figure 1. Review Area FL,Ot: ordinates: Scale: 35.164898 Lon:-80.953484 Graphic Date: 09/18/2020 Attachment A Photo Log DIRECTION 35.36349°N 225 deg(T) 080.88558°W ACCURACY 41 ft DATUM WGS84 �' ,.� ,., �' , i,`� Jam. T•r ?��'ji��r,�� — ".� /'�� . - ►. +; t . , �i -' �'"� •'r'"�" R ' it� i } ti���� �:� I : - � `fit _ �� / NOV- fit '� •t , 4,+ �� al!E t err. /a �r�W 1 s -�i��# r� • t r�I ' � � - � 1 ' ``fit r ` �. 1 - ti y � Y yr' Y McCoy Road Reference 2020-08-17 Population 14:35:18-04:00 35.36313°N 080.88549°W ± 40 ft WG584 42 deg(T), 712 ft, 2020-08-27 14:19:35-04:00 40 4 y i ac a � 1 9 ! r } a r � , .i x,. , i � is ' ♦ },f i TTs•' _ t` I. _., . _ -}l � ' ♦:� Reference Population 'f y r* • i '��,, � ��` �, � i °�,t'� '? Win. '• �� - " ��' I _ � • - —• ._aY•4Y ,� wax •`�1 - � i' . . `^ �; �����'' ! ads"' �i�1•p`• � y_ + ei►r '> ' :<,. ' i. x +• 67 44 AMP nor, lu- ip �� !1 ' � ; i'� � 9,r` � �Jl .. � e!�1jLf lC �'. � pt w y � ���. } ' 1,•f1+7, � `� qyi T• T : Jar 1'( _ l� ,. i� 1�'4 S l f e *; ,,,.. `,,lac+ ; jr�' t.,i Asa # _.. �4;s, - .« • .a,:��'• _. � :,� ..,, ..fir •w;' >. �! , tJ • } as a � ' ,..: a �' r�4 •v„,�'," � t 1 '' �#� .. 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FRI— J�•• � ..c.`..,. 4,, c. � ��.,�. � f ..y �' ��-'` -f' t.• ���:�>br �sti_'l'ir'i�"c'> �Latitude:35.16242377°N Longitude: 80.94849026 V' Elevation: 200.75 m r,.; Wig} `, ,,-• Accuracy: 12.9 m �:. �• .ti �+y �.. 4 ��:. '�1 �" a.ob�" ` ��A' P``Y.`-'-i .; =- .s r a s� '� '` 4'' '� �'-'ti"`.:a �., ."�►'y 4`' Time: 09-02-2020 15:07 Note: Steele creek __ . ° _ �.f., ., � .,-a...�.-�. , .,�''" f . ��,� r:, . , ::. - k t"... t. •� _. __ � _ �4 - � �.1 a%✓r 4� _� ;; 'd91��t�k.r dt'A'4eR i he. ow., 1� OL 10) ftt 41, Z_ 1. 4,,k 41F- Fuwered by NoteCar" .y - sc '.5 �}p�, -+f 4'0 �,` ,r ,is t'i,, �, a�-<q .� � - �..-, ,� v' � .- � _ u,®. J •„� �� Jay. � ,� � - 1 2. .,� � �% �• a, ' -! f ;�� , �` `� :� �,'V: ,�^.�! 4.41 Of • ft— �w,f t �, � . � . ;dam •aY il �.�A �.s. ,sR '�^ •. `�'y �t .'x ' -we Y r :, +� ,ak;� �,lw� �•' s.lr, 4 �°' I �� � 1` ; � ".dr • j-"4 y."!�, ^- 1 ,... • -s+- ' . 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"� L . i!•- ��44 'k w saw 1 d yQ9- � 1 .,l��i^ a �f� ~.. � }�,. �a�•'�� �M�j.!•• '`lM:y� .`• a S� •:� .�'i..s>t rr�ry 'F. �tf '], of",�. `Y^"�ry. av �-.?e-- �l>..,.tLLj• : .j� 1 � ... - - a:.`1 a -. - , t,,� c• .. r,.° +7.� F �• .�i'i�i u. �'C �'� a�''3,� k "J TT"` r � '• •:ram }i''fi r ^.r $T' R: ,.. -.o. _ r !„ to h J � • r�l• � iy,w A it ! � } , ,y, � . A itude: 35.1601478 IN d < Sri i itude: 80.948979 W �� ration: 209.86 m , u rac . 13.9 m j: ie: 09-02-2020 14.00 -e: Steele creek DIRECTION 35.16367°N ACCURACY 49 ft 162 deg(T) 080.95199°W DATUM WGS84 �+ hr 1pl .41 *07 '- .r JP I - �rLr t . y.� ♦ f -. r a. '. ��,_. 'ti .' �-:�. ��r `. ` T`.✓ v;�:.� s a,�i� s`� r_y:F�y 1 � . -•+'•' xt. a` �yc,• � �� r,• A� -�� { � � � i•u•1 rr ��.� �`+'�'- mil_- �•c r�. �-. -:•�y.� �I!% �yv� r .. Y _..:t ,♦. {�'u _�,wc�f-^ :_ tip• _,�: _ •j - .. .fir �.,- .� •K`,< <•r >.. z• -- �' ,! { - �. '- -� y., »1. _•� J- t .•'.' - -��. -� '� ram!` _•?- i -_ CKP` Arrowood Sunflower Evaluation 2020-09-02 13:47:26-04:00 DIRECTION 35.16312°N ACCURACY 48 ft 128 deg(T) g� 080.95128°W DATUM WGS84 ° ` -�5 j - 'y �F-t s T n .,�:... q f �' aa+ �A, aR... "'• ` t' is � � -� ' °3•� aC 9�'^+;,,ly� 'i.jc� .,pr'r .ram, ��Yr .� ` _ �. rs >/- '" � a.1 r� - �i ii' ^.� uy". �F1 V �, • ! y��3w�, �. ,� `F.- �•a-•1 .., y3 � •y . LA AN 2020-09-02 CKP A r rawood Sunflower Evaluation 13 : 48 : 50-04 : 00 DIRECTION - 35. 16281 ON 4. j- ACCURACY 35 ft 132 deg(T) _�� 080.95076°W _: DATUM WGS84 •��'�.�. ^ ` �J�Z r lo . , „.�, �e , j„t �'�.� s`t * 4- .•,,� '' a.. _� r � :st � �.; • J '!r[�c s.,". .t t I .. \� y�..� . J vn - t,4N' .w��e'Y j' ' ♦ - d' _ a s+'��'y~s.,s;,'.'.. -- z Y 104`- � � ` � ,s : � 1, `r1�J�'ir � �• s � ,• M i ' . � . k ;� ? , ''a.,,�' _ .. _ - x � r ' 4 T �''(.• rye u'� �•.-� '. y Z '� - i►i � t � �R� a_0 �r J'..-_?'i��'a'?-+� r �1� �; �•" O - � p r � i 4 i - ",: t' �•. i 'ih. w �':.�, to `4�F9i ,.v �.Ae., �- .nT '�. .ls SrSY°_ `•: , -�+ '+ '4+. f •s ' � k' .j �: y_ r--:- .'A •` �1` • tiP i I �:y 'l��, y' " ; ,Y � - I't .wl , ,x' 4.. 1.'C✓ a, "' _tom``,'_^ T • ^- ^•.!c " �'C7� - �`• hv �' �~ rw .+ �. y?� � • y .III'.' f'� vai: ' ', `7�. ig r rs ' ! ` \ 1, � a' �. Lk 4-1 efr i•'y.tiel"�k =! a r F� ►i'r'� ,!r (i��. �' '�� .�_ ��; . �- •k�,,,�F' , �,;.iV -��+sy _, JY,� !�'1v-,. � t �� f � - � - -�'c aVr- °r " -�� ,,,. �.�:2't; + '�7"`' __ _ j 4� «"GS r r. y' y. `! -s+ „� � �f� - f .� b .r �''�is .t°r � �, .7 �. �� ~ � � - � _ -- �' � � _?a• `� 'ems "i' � . , 'Y.:,�•=mac +�►` h`�./ ' , t � „y� i° o,.. - _ � t�--�� yri �/ •• •_ _ " _ •.. a_ � � • ��y �' _ �,' , �� ,� °� ,?Y :z x � ,a � t§r;-,. `y `�',+c�s� - _- j`]��'�` �. �` a _ .f 'F � , �_ 1 i` jS T .� f st Vtl M. ,' .* _'�% '•. Sw .� �Y �. _".. � � �'"-S�rtw \#'ter'~'l�`��s�Y{S �`. �;. • - '�- r-'.-� �# ^`� ��r'--� � - �� �'--erw► a .fir � v M. `WSJ CKP Arrowood Sunflower Evaluation 2020-09-02 13:49:54-04:00 DIRECTION 35.16250°N ACCURACY 32 ft 82 deg(T) 080.95025°W DATUM WGS84 • .R y. {� 1; � i .'4 aR \ i, r �.�� r�'i rr s 1•, . f -' _ 'd•. '`ti, n ti �y� r2 .i q .,•� � �• 6�• fist f � ����,� r � �.�'�.� �� .i • ' � ' `�'h+t j , �, * . x: r w f�, „'+: - 5 r. �•rR � r�sQ. � j,► it 1 't p�'L. gs sr, V � _ ,��, fig, ,sue .� f i ' . .o �t ;� t *� '3W p,�v-'�v�' ��, •� _ .t. Tr fg • i r� N. ' �' y"` � �.l�l ��1+•' .. tom` +a ,e�7,1�•.., sar+'., i�..t - t_ - � �` t•'• -4�' _ i�Tt •�^re �` _z - Am SO Wt 2020-09-02 CKP Arrowood .�Sunflower Evaluation _ 13:51:06-04:00 DIRECTION 35.16207ON ACCURACY 36 ft 159 deg(T) 080.95008OW DATUM WGS84 7' ��y� 'S�SN ' �.i -� �.I .. t ~ i •\ 1,~T� J�.�rt s.l � ���l��R�� • al _W44 tv 0V W bS 7- -7-O&M Akk CKP Arrowood Sunflower Evaluation 2020-09-02 13:52:15-04:00 E-- E-- m-- = -0-- - - DIRECTION 35.16180°N ACCURACY 75 ft 82 deg(T) 080.94962°W DATUM WGS84 I- �' � �, ■-ESA � , 5... y - Wit. :• S �, <� / ; y � ; � �� L �.. .. -Aft�. sya i 16 " .• r _ �a`. lc.'� \ _ �,, tY '. 11' ��P +. fig? ',++� � ♦w� y k • � I 1"�"f � �a�` ,�` � r. 'i= ' /i-+ AL A oft ' d- 4 mar. �, ki `� C � ,.�• yl - `�M Y � }~ /• `S` � +� a `, i � �+� 1, �•r I '� �w;' ' rf � �+ �+ '+� _ ��` x 3 ery r �� �. .� ' �:..+. r� ,s .!` ...I - '` '` i. 1 d I •its �;. �.s ''•kat.�' .�� rya ..Y lfit 4• � h 1 ""'V • -• 1 'F� �C:i 'llr:+.t1 � , ,;,�„�y;' �!O \111 / �� .r '� �`p ISl _ •4, � y � _ " 4'_ t .� .�,,. .;� - �,:'J'.�3�'• J�.`"r � ,. i'ksy . s�lr ,A'•\, Its c. 41�;�= : �;' �V' 2020-09-02 CKP A r rowood �� �: Sun f towe r Evaluation 13:53:15-04:00 DIRECTION 35.16144°N ACCURACY 43 ft 150 deg(T) y 080.94857°W DATUM WGS84 •� Yam. a 1, . '�rt� ♦ r 1. r F t � � _. �. S �T -(C ° i � ^ � . � � ♦� /�t^yi.�. ".j I c ,� :.. '� I+ '1 , °�- M -'tirr s�Y'. .� �.� �'�\�._ ,- �.+�`"'�{#'aY•^^y �. J��-` {.. .� '4. -Y, i,. r . �y��� fJ: � � _ . Vie" + .� ��1• r�}�.. a _ w '�: vi � �y ? - . � �' '� ,�i 'tiiVl rrl+.:a r, '� . 6' -. -p �I ti. I �;'} %•.. �' tpK� L*. r• - :, .;Et?' r.� ��^ Al '''`4 r' _ mil' • _ i k ! + i Z s� s- )•l i �."�1� .i'/� ' ''"' t � .'t°R" `` r ^t 1 �� _ -' -., rsD � _ r � :. �'l. ;t � - r jk. - '� a - 4 �� �.iL-'?{• y 'ter' ' -Yi- a•7 ,- - c iry � }�. ..�., �� •.� - "tom � - _ _ • ^,;: P_ r_� -ram _ -^�+� �" J ti4 l ,. rL��:z .� �r,r .,�„{�++�' "'' .c` t .,� Y � '� ^ � �.'T� �• .sir � - � _ � K a` Ail* ow 2020-09-02 Sunflower Evaluation 13:55:23-04:00 DIRECTION 35.16100°N ACCURACY 68 ft 205 deg(T) 080.94839°W DATUM WGS84 r �• -ti _'. `" �. Iaa t�•':'4'�r f:� �,1„�,�q'cS,I ;•7.w�': t . `Tim �►� `xc f a; _ TWA :7 ZOO 4.1 .. !' • '� _ 1. t{. � � `. =' �,`a �_ r' _ •T �� ". _ 't i,, Ira 1 Al 47. 40 Z7 .A VOL- -. ? ems" A / - _ , • _` �' < �_� '1 • �9 _ � ✓fr, � ' '�- _ -` c ,',* • _. _i• � _ ..� ham• �'�`. �i�. � � ._ "►-• � ...r - • i .. - I-! -\vim ^tr /L :• � y �a ` Imo' a. .;�RI• r � r 1 -� i 1- ip�,�� t'tL�• • „-,yam , �n ,:� - �. � - � �, - - �� ♦ << .. ` �. ' � �• - •L iN� i}.+ w. °fix i• �• �r Y'- wT.il�inpl�t��ssi �1 -'1•w' 1 j � r +/.'�- - ♦" �, . •_� f ' v y .� - -�r,� � 1„s - r' , •� .'ram~-" - a •� 10 rt, 10, CKP Arrowood Sunflower Evaluation 2020-09-02 13:57:17-04:00 DIRECTION 35.16065°N ACCURACY 33 ft 188 deg(T) 080.94870°W DATUM WGS84 -, �t.4��+^� ! •.� �� � • ref, '} �''.. ..r,�` , +. 'i { f . � :.. 4 / �tR' � ' 1 �•. • .. y _ � ' �. , P . � _ '� � r '� � s•1, �- r� ' Ma••'�. rY C +:.� � ,K �f.i. :�.� �ilr"_ / ,i •� 'fir rT . Y' .i.. � .. ,• R i �..� aw rs y,�-+v•''- �}Q- „s .K �� .. Y s�R.i_�.�' ,'. - -; �1,� - ,T ,- `ask Y �• �[ +P. � „ - _ � - �` r is ; �• ..+P � '...•; '�.: � f . s ''y'�''. 'ate_, a-_; ,y 6 �.. a ., V�!`*••.. 'a , J'4d -1 {' � ��� ~fie:•. - ?,:�'�^`: �; ��... '�w f Y ''y'F � - Y } a4.:- �-_' _ i.,�'�" _ r .. J �t,T .n �« Y .__.. �.. T� -a �•-r•T�"•1'r _ro. �4% ,, _ ^` ...BSc. � '�. - .. -:�� •+, 'u7 ,_r ♦t .+�.. • 1.`.4 - � rl% . , _'-i - - � _ f„ �' 7 w-•. _ ,•a:' � � gat tk S a+. - yr �••' � ' ''wit r + .. r Y ,4 `+ r .`• • !� --•f� r ' t t 7 � c -a ` '�.+.:.. - .� � �<• �.' .a, asi ...... v - +L �:1.fKisc n'`t' . _�...- ....,t1�f'[9Gir1���:'i° '."r�3,� l� CKP A r rowood Sunflower Evaluation 2020-09-02 WNW, 13:58:21-04:00 DIRECTION 198 deg(T) Rt �y, 3` W60-1°N AC/JRAW 33 ft 080.94882°W DATUM WGS84 t l �.'..: c _ � -'4"'i - � t_ { .+<� ':$ '.•4' � ��� � > � `I _r it. r •'ij �.i� T' - u- "� r� _ .. - 'ems i•. � r �- , f. � "t*�A 7"f � - }'�s T t.. :. ik� ��+rv!".r �, "",�?Y _ { �� � ♦ .•.'£ � ,� � �- � ;�,L � ham: t' G., ._ �' r �'ltt 1 � awe �" gT S y�: 1 �a � F � y �`Pt •: - .� f~ '' • �" < :-rr t � �_ - � •" r �. � f a ,�° ' 10 _ .ti�'t -` '; L .,t, r; y �,, • a- �_ + '.st'�•` .». 4.�g r��� >� , '_� i� ��_ X .`°t+ z�. ♦! _.,'rr ,:� : _ ., F Yrt '-'S; 7'" 1 '1 t 3-; .t +- •�a.. 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[ dr Pr Ifs Y,� •.Y"'r "•�a$+,:'7. s'nj1 ► i+" .pd.• ,♦.�"9t:.v "'�+. ,/. t:•. `�' i r2a b f t' 7q.� !. ,1'` .. 1}VIZ. ..t ♦ Y�: P} ,v `r�� �' "a t. a--�. t _.�' � :L•L�`C`. t._ ♦. ,�. •*a -t ?� �'�^> ♦� '. ` 7`- :1 <x. �6'<. � 4�, ,e` - �;.:r _. s :9: � ;,w �,;; r7:' �. 1,. f y:].,x r. , 3r I t _ y,`fr •; iN° .(, .�• ��•; • �-� h ,I S ]. �. r�r4e . �!' .�7 i � ^�� ��Trr+.r ♦ �' r r 1 r.n rya.. 5- � '1 <•.: "��� :'�`•. Y• , �i' •a F �� r~ ti i - a �wt ` ' � ` 'a 5•�� .. 7-<. `�, � 5;> s+ �. Y at',.�_-`i '��. .+«.. CV ".• - , ��i� ..a-. IF. '.� '.i �• :♦ y.r. - �.ti I '�. , �.`rt. ,_ '. ,. t '7,nfi� ��, ..na w a• 1"�e4"�.s.Y', " -S� � o _ r CKP A r rowood Sunflower Evaluation 2020-09-02 13:59:26-04:00 DIRECTION 35.16023°N ACCURACY 22 ft 255 deg(T) 080.94879°W DATUM WGS84 7. f 4 f{ 'y 4 n y _. i• -. § r .�33•.. -`Mf' ���.#+��3.f .... +� p R.. "'.: � ' , ._-• • .'may-• .. .. �>,'.. - #a�•s it r 1' n'k,g'�`�i�.•''di,:�ek.w��.-:'�;�e' �� :s„ .h}. "tf #.1R�` � *� # ,.tJ��`.�;}s-k vM l.\ .- - r S 4 �`�r �;..� �• ... .sit i.`""at �� srxi[�r���.�p�.:. 5 ...'.. � :aa `�' � ..}� � �.. �r ¢•.. - � -4 :. may+ s+ r ,_ '}'�'R', .t t7 x�' � .f;� c� 1f.-.ram ���� �.1 f �/ � n •. �.., v -. •, _ TsP= �� , ,`g ( ` �,9R6.. _-•.. .: : � - - .. '-4 r --J ��x ..gar �.,... "F•a� _r Yid, -�� � '.'ate r`l l (r` } i..._� .• J'ra �v ,ryw�kj � tom;• _� ! �'n. _ �/ .,r �+ ' .'; ,r _... e .- � �. '� ,4 - r •f�~.� �t�~� � � s � -.a• fW y1�1�"""��' �iFj•�i �t�r 1�• '�" �� •i.+ .-`V Y .,.,.: J � '.�tt_'J�i.'-�f .. •.-�C" iAR'�v.e�' ' %, � ?- i4 s `/ -'�' i r ;4.;�. " ,�•n... •` � - r .�,fr ��. •1-w� .�R+ ;.`"'�i- . �^'�'d"��`�a "'�'�r," +� `�'! �• . �• � ►ice; s r� �h�c f/�;i%�, � k��� � , t_ (� ... � "�.�,,, � � •," t . a "�". ' ,c� fy�'� R�`'-``p,^r •a��`u i '� •u yy�+'*,� , ��}'A.fx� s"�e�5^ Z''' '�' %�.:%��"'� .'� � •:%i Y ., � } t �f r�Si y, %:> .a / ''yp,p(���� � a�y,._ ` ��ii � iPi�TL`� 1� .e 4.t 1,. 1 •J'4.�„y���( f. 111 ...d'M*�C�f ,e �. � E e a ! � � " �.'vw'yK.", '•r1 �a;;F --f•�r"%< •;'s'r,` „ac,�i. "�,L�,:V }•a ii'?.'•'�f31!'rti, 5'y Tit!!` .ti ,,,f:,_ .,� 'L a,J.i f T•}' ��.w ` �y rsn1'"?AI ,. �� }Y F.r i' / 4' ` r t CKP Arrowood Sunflower Evaluation 2020-09-02 13:59:29-04:00 DIRECTION 35.15875°N ACCURACY 29 ft 204 deg(T) 080-94651OW DATUM WGS84 o _ — �� c rr.. ✓ ..� ? � � � .ice �. „_r } - -•?" . _ - }{{ �'" row— zt ' `r � - - � � � - t.", _ a+a: r � �. -� �'• ,•weft J. _ .. °„fir_ � �,, r . .- .,��. , `n .:• +_ 1 �✓ a e ` -e f ',c rt?f r ' • � e� t 'C-�'- �`�1 ii� -. <t�~ �i1� +`.��'� w' y _ -` c4 �� � _� i , .. �_�£,�� ;hT �, � ' h� �� ter^ - `�` ti� � •4 :Y .f ` , !1 ,i1-� _�.•i ,,1 a, ,�jx4,. f'> Y',!�}r r. , 11 i y / ♦ \ '+e '�-� I .r Ur.f� Y i x "f� �0'1 �'\ y"4, ,:i / �,jsg �p,'Pj,'. : ,y 1• '' �' ,,; i�, :�' �`%i4�" ?' w•ri ,, �i�„\f' 4' Jlsur �:',, i{ � � �..• {i ,; * ���. '". �)°'", T`,�,"^_ t . i` r<r�j,% ,, �} ;x� � ^ter' 11 Q� r f � S �_�r,,���r�r � �,t }b � ,�- j{/����'.'''�y- .Lk._ /J �.'�ai i� ��` --. '.s• �F �s� •'l�sy- i?' /�'��•"t.• _. 44, Irk ? �i'y r r^ ,� r ^y,:p���, :��f't �1.. �'* � , y 1 � .ya ' !�}i {9 �P,: • .� •t- 2020-09-02 CKP Arrowood Sunflower Evaluation 14:19:26-04:00 DIRECTION_ 35.15830°N 302 de9 (T) " 080.946760W • � _- �o^�V -- a" �a yam'- ,/y..�r_y h '!�'�,S ACCURACY 54 ft DATUM WGS84 Y �°', s, -- �j '� •ram �j"Ty_ 1 •' • It �J r. a � � �� � u' .'t� �'�.. a ;;r. fit.+ 1" �� --�� � - ..Q'x ,... A.d '�fk. ►/- is h i _ �!� - .�,►.. .rA�a `` � ice' , .� � J �t Yt CKP Arrowood Sunflower Evaluation F aF-yR� ; a All 'S�Y Yfi 'k ,. t I rr ♦, � as ��;, M.•: ,"' Y • r '?- �t Ll .� y t 4. M t t � 9t 2020-09-02 ,4►,0 DIRECTION 35.15862°N ACCURACY 45 ft 234 deg(T) 080.94810°W DATUM WGS84 'VIM 0, 011 .tiT ���•,�'e`'- � �. p.E tts��-+�''�t �`_ � x ,• """' L�`. t f .� t1 Ewa �' - i _ kg 4 ,� i(.au . �:.1 � _I r r. �y�i _' i� .h � r' '1t1�i; � �• e� '' _ � �,Y��� ��A �,r *>.3��+, -p. y. _ f It s � 4 t.i' i _ •, �ti �, .:- or }� � .J�r a„� . ,per r ,+r , s lZ'.. t 'a a / ,�y f. 3:� a / •t<i J rry. �7L 1 � � `rY _ , - � zr -' �` i'� Y. ��Y4� _ r r_ J r�� SY •<.� �tAL " r'Jt .•r-. ^ �^i y�'' 'S1 t ' r- Nt y . 1. r p+! � •£ t - o- � 6 - _ _ !i't ,r -�.- _ '�' r. .. „t _ - -�W.:" _ "- X _�-' � Y ii"' i' ,+'sir. f:..�f,�'n , " r �• ' _ _ . " - j 't' ,.�'"'' f �'` _ ' _ `` ' • 'R . 5 _ '�.s``. nn��`�4; i�„ t . x� z •-'Qsi-�;.t;,;�� -,L��� •�� r �,. t'ati �. ` tj �, _`` b� j' " ��� T� � .• ( s . ; •� ay SA, �}, a:' r�rf � � 1y�� '��—/ii�'" � �r :i: �� •ti'�i��'�;n 7^• ? ♦ -_ •/ S `�" �'4. 1�•?�,r. �. .$,: f•i. tl r ° Y% _ r! 1.' r t"�1. Sr .A -'i'• 7 f• � f .`'! t a.. "'7� r �ry�;y � ` 3 �' ;1%r �t t S.aT r... rOIL 3! •� r4rr L 7t IOR, i 4'- .i �'K v',��•{J i t n -Z r. •__ �r ;,,h /�. ' �YF, - , of �i . � `,'�> � ' 1 _. t• � ` 'e . '� '.., �" '%� ' t ' •`� r�''�,, 1� �. .SQL } _A� Ii � �• _ CKP Arrowood Sunflower Evaluation 2020-09-02 14:25:53-04:00 DIRECTION 35.15864°N ACCURACY 28 ft 7 deg(T) 080.94808°W DATUM WGS84 Xll• V i� i�"�,a kq 's+'�' ��.�� ����t� _ iil. �� �,b {r �1 t'r i.`�•f`)`�7T ���'} f � ��.�. 4� '-} ���\777CC4.Jr� r"i� �4�"c`- �• _i.+ .a� t .w:� �c'�����,� x r 't- �t � _ _ �.zr- .�.'Gi ;s. .. �^' - w�! '�'Y�"'}�j �" �J .�rZk � y-. �u�'Y� �xr�' ear •� ! �` S.�'. `� t P .'� # Ct � '�' � '+► 1 t i'i`` s.^' 1'• ; .. �l ,l ��i • �> $i • � •1 � •1-iL.-.' wq��l/'�A - ' , Y r ,� Y _ \�+2 �,1, ? !" e f,�f `i`/ d•Y' i 1 Y t�1{" .. , .s •r '. � � `. 1� ` rat ! y ..,E. • z TVs , r ti `, :. �.,�,k•" i ■ ti`,.yY1' .,1�}#+�' �yfS �,. .y.... r •� i Fr 4--'L � Y �+..xr-_ - �.t: `''3y � �"'r. � �.,;- -+r . a .'� `"'� t Nye �`.3.t�ri rt '. ,.,� �7'�J• � {�� �'� �� _ .Kr eC�''r;. •}, �; v ,qc. - ter: kf' "� /�c,if » j tr � :� - � "�''7 � •;� ,+ �' a` x,—r�Yr �,� s >t` I �: t, +`�'`I 4y�,' 17, ..,#; .. - �_ r ,,�,_'c � ��+...,, z _ .4r y �,' �y I• _ � a .,rt ��.-`` rri'S+�' � ,a y � , ^' � . 'f�' � "`_ Tt. - t '� ` - � ,r.,s_� � �'�� .. k r } � ~• �� 4 �fii - .r- .. � t A, .r_,,� �.r" e` c _ _ -_ - .,'�� �. 'sue ..s \ vy�yt Y x• v -$�. �,jp- j._.r!/o- _ .� +."3''Sv� '�' _ .tom. ' . -�,b - � t ��•\�� y'? ; � t � y/ /mot � �� s u� � r ...1 S . 1 4�,� d�♦,'� 1� � Ili ! l __ /� i ,JS /. i'Wr r . 5*• JE Sl' . _}u.' J :.4a1. _. •4 b i ! .':�h v !. - 2020-09-02 CKP Arrowood Sunflower Evaluation 14:25:57-04:00 DIRECTION 35.16198°N ACCURACY 73 ft 303 deg(T) 080.94412°W DATUM WGS84 refs "�.r' '�"�•-.� s- .F=. , . , � • � t•+ -.ri_ ,.� �; ,� y�;+� ter,• r J■ tom; �f+ " : a'. ,•#i , ] �.' � ,•r: , `! r:r'•��fd +i7w � i •, t y 4 x :, _ �s ��`• �'�b���, C�*' ' � II• �'" , � l� �� . ` r � " 1. .�� � �. '. +�.r+/ �:' • b'"� • i .. � } ice:/ t 't•. .r'r� 3�_�Y 7,.'h1�•���,,. �.� +f - �i��'- 1 _ r f,•� 1C '' ♦ ~ r �Y J' 7h" 's -s ^..~ .iY �R.�.�• `�+ a c_ • r� Ki• i ,_� �'/}���Q•,��r�r+r"-' /' '1!�la d�T'�. _ _ T' '✓'a r •_;�i rir .•+r r` `h�•s jr 14 0- IW g "�t�;w; -•. �"� a `` R#�//;' :ai �'. . y1.- ��.rst. �.rs. ' 1.. ' r wt � +s � � tr , - .I� j�V r R e :• • '� �-7 Kea - _� q � .�� •� /- ��' ��' ,�•y =:i6' i 1 `�• .' _ wi± q . ' �_ j --� •r; � tit. tr 1 { �` •.� •- • '+ v i�` � 1 Y _. /� y� � •+ �" _ L f��~!xVP' �-•(.. .:1_�� •"i'i41'�s$�" �'y„:� ' � �..ii ♦ �y •1 �� �• 4 �i �„ati'.. ��j• %��s `. _,� _ / �r�� ...� %' - � -t '�%^ � �� 1 ter• � �_•. r�K - �.� -- y--"1��.` •� ' \ I � + •�. '1 .-' f43� �. t � .,.ilk . i . � r�`�.- ... � +,ss• � , It�� � } '\ �r � r=� _ � ` M i. �� � _. 4 . . :. '�w ... - _ d 3A�_, _-wS. J'•• ' - �`: 1, '- - - • •. • "; i - _ fix: � :t• � '� .. _ : • _ _. f Ate:>t I�:w ..: -.. -. �- ..•'!-.>.wl4 - ��S �-� *t. `_'�. •�" _ - - � � �- '. •J'f, �•��� - _a .�^�{ ". �. .4.-.+ ice.' ��� �aV •''1• -_ - _ . Ile 2020-09-02 PT. CKP Arrowood Sunflower Evaluation 14:49:18-04:00 DIRECTION 163 deg(T) 35.16494ON 080.95346OW Ar CKP Arrowood ACCURACY 34 ft DATUM WGS84 q2'0 -7- Sunflower Evaluation 13:24:35-04:00 00 H 41 t:. - \_ _ ~ •'_� •,� F' . `Fib. r,~ - _ .. ;Y �' (^ t „� T- � u •.h . •' -'^mil �. .-¢± - . 140 • " :rTW i-g ZA e _ co � j: i � 'Sze.•• w � t`'}���•�� i t. �� � f ---•' t� Y . l `pr\ :3 ` - ' tir, r�_ `� . �_. i "ram 7 , r . } • j + i t z + ,ro �••, "� �v.• ^ lid t t i L' V, LAJ LAJ Ul Sw ,r; t� tir i ''�,_ � t �_ ` yr ��+ � ��� S4?a. ''S�a� `.j• .. ' �� `� ;� *� � r t / ,! �•�i+`. 'ham t �' i e i : �� � g��,f S`+ i.�' f� 1 � � . W!. _- R �1��+�/v":i 2.'�`,.a�T":ar ,� • '; ^f i !���. ., e+.{`•,•}J.7�� � l^1 N + �.. D � ,i� � r ., . , .,( ,+fir � � � � � • t) � • �' r-'�' i ..� 1`I •�. �- Rf A ��•{�yy{f.t, • ��/ , � , ...� 1 '�,., J,.• � � / J• • C�� 1 t DIRECTION 35.16509°N ACCURACY 21 ft 134 deg(T) 080.95296°W DATUM WGS84 •r.. r F r aL 4 � or na y a .. �'_d�4-Y '_ sy `;� ,• ,. ,`,�,� s. _ fit, .�.. fc r _,. ••>r ,ate. �,._� ,� - - Yam, .1� •:�'` y, �� '•��� tic. • j y i '� - x / .raj`.. .r � u• �. � " CKP A r rowood Sunflower Evaluation 2020-09-02 13:43:52-04:00 DIRECTION 35.16460°N ACCURACY 54 ft 156 deg(T) 080.95256°W DATUM WGS84 . 1�✓ ;�—� �� Y"_....•�`- ..: `� .=,% 4;✓ fu , t'-: ° _ ; x'"' jtiit.��f�_�{s�y ,l�. st 'r'f - r �. � .- �-. `.%AW io ze i, r. y - •r CKP Arrowood Sunflower Evaluation 2020-09-02 13:45:42-04:00 Attachment B U.S. Fish & Wildlife Service Official Species LIst „CWI Jf t illYiAW).",M -r` United States Department of the Interior W” 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/countyfr.html In Reply Refer To: September 17, 2020 Consultation Code: 04EN1000-2020-SLI-1201 Event Code: 04EN1000-2020-E-02636 Project Name: Arrowood business park Subject: List of threatened and endangered species that may occur in your proposed project location, and/or may be affected by your proposed project To Whom It May Concern: The attached species list identifies threatened, endangered, proposed and candidate species, as well as proposed and final designated critical habitat, that may occur within the boundary of your proposed project and/or may be affected by your proposed project. Although not required by section 7, many agencies request species lists to start the informal consultation process and begin their fulfillment of the requirements under section 7(c) of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). This list, along with other helpful resources, is also available on the U.S. Fish and Wildlife Service (Service) Asheville Field Office's (AFO) website: https://www.fws.gov/raleigh/species/ cntylist/nc counties.html. The AFO website list includes "species of concern" species that could potentially be placed on the federal list of threatened and endangered species in the future. Also available are: Design and Construction Recommendations https://www.fws.gov/asheville/htmis/project review/Recommendations.html Optimal Survey Times for Federally Listed Plants https://www.fws.gov/nc-es/plant/plant survey Northern long-eared bat Guidance https://www.fws.gov/asheville/htmis/project review/NLEB in WNC.html Predictive Habitat Model for Aquatic Species https://www.fws.gov/asheville/htmls/Maxent/Maxent.html 09/17/2020 Event Code: 04EN1000-2020-E-02636 New information based on updated surveys, changes in the abundance and distribution of species, changed habitat conditions, or other factors could require modifications of these lists. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act, the accuracy of the species lists should be verified after 90 days. This verification can be completed formally or informally as desired. The Service recommends that verification be completed by visiting the ECOS-IPaC website or the AFO website (the AFO website dates each county list with the day of the most recent update/change) at regular intervals during project planning and implementation for updates to species lists and information. An updated list may be requested through the ECOS-IPaC system by completing the same process used to receive the enclosed list or by going to the AFO website. The purpose of the Act is to provide a means whereby threatened and endangered species and the ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to utilize their authorities to carry out programs for the conservation of threatened and endangered species and to determine whether projects may affect threatened and endangered species and/or designated critical habitat. A Biological Assessment is required for construction projects (or other undertakings having similar physical impacts) that are major Federal actions significantly affecting the quality of the human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2) (c)). For projects other than major construction activities, the Service suggests that a Biological Evaluation similar to a Biological Assessment be prepared to determine whether the project may affect listed or proposed species and/or designated or proposed critical habitat. Recommended contents of a Biological Assessment are described at 50 CFR 402.12 and on our office's website at https://www.fws.gov/asheville/htmls/project review/assessment guidance.html. If a Federal agency (or their non-federal representative) determines, based on the Biological Assessment or Biological Evaluation, that listed species and/or designated critical habitat may be affected by the proposed project, the agency is required to consult with the Service pursuant to 50 CFR 402. In addition, the Service recommends that candidate species, proposed species, and proposed critical habitat be addressed within the consultation. More information on the regulations and procedures for section 7 consultation, including the role of permit or license applicants, can be found in the "Endangered Species Consultation Handbook" at: http:// www.fws.gov/endangered/esa-librar3L/pdf/TOC-GLOS.PDF. Though the bald eagle is no longer protected under the Endangered Species Act, please be aware that bald and golden eagles are protected under the Bald and Golden Eagle Protection Act (16 U.S.C. 668 et seq.), and projects affecting these species may require additional consultation (see https•//www.fws.gov/southeast/our-services/permits/eagles/). Wind energy projects should follow the wind energy guidelines (http://www.fws.gov/windenergy/) for minimizing impacts to migratory birds (including bald and golden eagles) and bats. Guidance for minimizing impacts to migratory birds for projects including communications towers (e.g., cellular, digital television, radio, and emergency broadcast) can be found at: http:// www.fws.gov/migratoD birds/CurrentBirdlssues/Hazards/towers/towers.htm; 09/17/2020 Event Code: 04EN1000-2020-E-02636 3 http://www.towerkill.com; and http://www.fws.gov/migrator3Lbirds/CurrentBirdlssues/Hazards/ towers/comtow.html. We appreciate your concern for threatened and endangered species. The Service encourages Federal agencies to include conservation of threatened and endangered species into their project planning to further the purposes of the Act. Please include the Consultation Tracking Number in the header of this letter with any request for consultation or correspondence about your project that you submit to our office. Attachment(s): ■ Official Species List ■ Migratory Birds ■ Wetlands 09/17/2020 Event Code: 04EN1000-2020-E-02636 1 Official Species List This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the requirement for Federal agencies to "request of the Secretary of the Interior information whether any species which is listed or proposed to be listed may be present in the area of a proposed action". This species list is provided by: Asheville Ecological Services Field Office 160 Zillicoa Street Asheville, NC 28801-1082 (828) 258-3939 09/17/2020 Event Code: 04EN1000-2020-E-02636 2 Project Summary Consultation Code: 04EN1000-2020-SLI-1201 Event Code: 04EN1000-2020-E-02636 Project Name: Arrowood business park Project Type: DEVELOPMENT Project Description: commercial development. timing next 6 months Project Location: Approximate location of the project can be viewed in Google Maps: http :// www.google.com/maps/place/35.15963058468213N80.94171928312605W i C1n:Yc F1rn Y»l,wds 5iy0. T 2 Counties: Mecklenburg, NC v; 09/17/2020 Event Code: 04EN1000-2020-E-02636 3 Endangered Species Act Species There is a total of 5 threatened, endangered, or candidate species on this species list. Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species. IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA Fisheriesl, as USFWS does not have the authority to speak on behalf of NOAA and the Department of Commerce. See the "Critical habitats" section below for those critical habitats that lie wholly or partially within your project area under this office's jurisdiction. Please contact the designated FWS office if you have questions. 1. 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. Mammals NAME STATUS Northern Long-eared Bat Myotis septentrionalis Threatened No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/9045 Clams NAME STATUS Carolina Heelsplitter Lasmigona decorata Endangered There is final critical habitat for this species. Your location is outside the critical habitat. Species profile: https:Hecos.fws.gov/ecp/species/3534 09/17/2020 Event Code: 04EN1000-2020-E-02636 4 Flowering Plants NAME STATUS Michaux's Sumac Rhus michauxii Endangered No critical habitat has been designated for this species. Species profile: https•//ecos.fws.gov/ecp/species/5217 Schweinitz's Sunflower Helianthus schweinitzii Endangered No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/3849 Smooth Coneflower Echinacea laevigata Endangered No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/3473 Critical habitats THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. 09/17/2020 Event Code: 04EN1000-2020-E-02636 Migratory Birds Certain birds are protected under the Migratory Bird Treaty Act! and the Bald and Golden Eagle Protection Actz. 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. 3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a) The birds listed below are birds of particular concern either because they occur on the USFWS Birds of Conservation Concern (BCC) list or warrant special attention in your project location. To learn more about the levels of concern for birds on your list and how this list is generated, see the FAQ below. This is not a list of every bird you may find in this location, nor a guarantee that every bird on this list will be found in your project area. To see exact locations of where birders and the general public have sighted birds in and around your project area, visit the E-bird data mapping tool (Tip: enter your location, desired date range and a species on your list). For projects that occur off the Atlantic Coast, additional maps and models detailing the relative occurrence and abundance of bird species on your list are available. Links to additional information about Atlantic Coast birds, and other important information about your migratory bird list, including how to properly interpret and use your migratory bird report, can be found below. For guidance on when to schedule activities or implement avoidance and minimization measures to reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE SUMMARY at the top of your list to see when these birds are most likely to be present and breeding in your project area. BREEDING NAME SEASON Bald Eagle Haliaeetus leucocephalus Breeds Sep 1 to This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention Jul 31 because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. https:Hecos.fws.gov/ecp/species/1626 Blue -winged Warbler Vermivora pinus Breeds May 1 This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions to Jun 30 (BCRs) in the continental USA 09/17/2020 Event Code: 04EN1000-2020-E-02636 C BREEDING NAME SEASON Kentucky Warbler Oporornis formosus Breeds Apr 20 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA t0 Aug 20 and Alaska. Prairie Warbler Dendroica discolor Breeds May 1 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Jul 31 and Alaska. Prothonotary Warbler Protonotaria citrea Breeds Apr 1 to This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA Jul 31 and Alaska. Red-headed Woodpecker Melanerpes erythrocephalus Breeds May 10 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Sep 10 and Alaska. Rusty Blackbird Euphagus carolinus Breeds This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA elsewhere and Alaska. Wood Thrush Hylocichla mustelina Breeds May 10 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 31 and Alaska. Probability Of Presence Summary The graphs below provide our best understanding of when birds of concern are most likely to be present in your project area. This information can be used to tailor and schedule your project activities to avoid or minimize impacts to birds. Please make sure you read and understand the FAQ "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting to interpret this report. Probability of Presence (M) Each green bar represents the bird's relative probability of presence in the 10km grid cell(s) your project overlaps during a particular week of the year. (A year is represented as 12 4-week months.) A taller bar indicates a higher probability of species presence. The survey effort (see below) can be used to establish a level of confidence in the presence score. One can have higher confidence in the presence score if the corresponding survey effort is also high. How is the probability of presence score calculated? The calculation is done in three steps: 1. The probability of presence for each week is calculated as the number of survey events in the week where the species was detected divided by the total number of survey events for that week. For example, if in week 12 there were 20 survey events and the Spotted Towhee 09/17/2020 Event Code: 04EN1000-2020-E-02636 was found in 5 of them, the probability of presence of the Spotted Towhee in week 12 is 0.25. 2. To properly present the pattern of presence across the year, the relative probability of presence is calculated. This is the probability of presence divided by the maximum probability of presence across all weeks. For example, imagine the probability of presence in week 20 for the Spotted Towhee is 0.05, and that the probability of presence at week 12 (0.25) is the maximum of any week of the year. The relative probability of presence on week 12 is 0.25/0.25 = 1; at week 20 it is 0.05/0.25 = 0.2. 3. The relative probability of presence calculated in the previous step undergoes a statistical conversion so that all possible values fall between 0 and 10, inclusive. This is the probability of presence score. Breeding Season( ) Yellow bars denote a very liberal estimate of the time -frame inside which the bird breeds across its entire range. If there are no yellow bars shown for a bird, it does not breed in your project area. Survey Effort (1) Vertical black lines superimposed on probability of presence bars indicate the number of surveys performed for that species in the 10km grid cell(s) your project area overlaps. The number of surveys is expressed as a range, for example, 33 to 64 surveys. No Data (—) A week is marked as having no data if there were no survey events for that week. Survey Timeframe Surveys from only the last 10 years are used in order to ensure delivery of currently relevant information. The exception to this is areas off the Atlantic coast, where bird returns are based on all years of available data, since data in these areas is currently much more sparse. 5 probability of presence breeding season I survey effort — no data SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Bald Eagle 4-+4-+ ► I 1 �. ,. . +++ I..i + t �+ 4--.-4-+ -+-••-+4 Non -BCC Vulnerable -.- Blue -winged Warbler 4-q 4-4- +-4-+ �� — ++ 1 » _ + + - — +--- — + a — — —+ +---4 +-•-++ BCC -BCR Kentucky Warbler ++++ + -4--- — ++ 14 -1-...._..: 4-+-- -- —4- +-•--•-+. 4 -.-++ BCC Rangewide (CON) Prairie Warbler ++4-+-1..4...+w- — + + __.,- 4-4--- I _ — —+-•-- — .--+ 4--..—+ +-+-++ BCC Rangewide (CON) 09/17/2020 Event Code: 04EN1000-2020-E-02636 4 SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Prothonotary Warbler +�-++- +a-4 � — +4- } • — • + BCC Rangewide (CON) Red-headed Woodpecker ++-4-4- ++-I--� -4-44 BCC Rangewide (CON) Rusty Blackbird +4-4-4- +4-4 - . — +-4-+ +— + +-.--} + BCC Rangewide (CON) - Wood Thrush ++4-4- 4.a4..+1.� . + +r w �« ,-+-•-- ---+ 4--,.-•-+ 4--*-++ BCC Rangewide (CON) Additional information can be found using the following links: ■ Birds of Conservation Concern http•//www.fws.gov/birds/management/managed-species/ birds-of-conservation-concern.php ■ Measures for avoiding and minimizing impacts to birds http://www.fws.gov/birds/ management/project-assessment-tools-and-guidance/ conservation-measures.php ■ Nationwide conservation measures for birds htip://www.fws.gov/migrator3Lbirds/pdf/ management/nationwidestandardconservationmeasures.pdf Migratory Birds FAQ Tell me more about conservation measures I can implement to avoid or minimize impacts to migratory birds. Nationwide Conservation Measures describes measures that can help avoid and minimize impacts to all birds at any location year round. Implementation of these measures 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 AKN 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 09/17/2020 Event Code: 04EN1000-2020-E-02636 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 AKN 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. 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 09/17/2020 Event Code: 04EN1000-2020-E-02636 implement to 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 underlying the portal maps through the NOAA NCCOS Integrative Statistical Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic Outer Continental Shelf project webpage. Bird tracking data can also provide additional details about occurrence and habitat use throughout the year, including migration. Models relying on survey data may not include this information. For additional information on marine bird tracking data, 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, you may need to obtain a permit to avoid violating the Eagle Act should such impacts occur. Proper Interpretation and Use of Your Migratory Bird Report 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) that overlap your project; not your exact project footprint. On the graphs provided, please also look carefully at the survey effort (indicated by the 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 point 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 conservation 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. 09/17/2020 Event Code: 04EN1000-2020-E-02636 1 Wetlands 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. FRESHWATER FORESTED/SHRUB WETLAND ■ PF01A RIVERINE ■ R5UBH Attachment C N.C. Natural Heritage Program Report Roy Cooper, Governor N NC DEPARTMENT OF q-■ �� Susi Hamilton. Secretary rag NATURAL AND CULTURAL RESOURCES Walter Clark, Director, Land and Water Stewardship NCNHDE-12893 September 17, 2020 Meagan Jolly Wetlands & Waters, Inc. 328 East Broad Street Statesville, NC 28677 RE: Arrowood Business Park Dear Meagan Jolly The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources for the project referenced above. A query of the NCNHP database indicates that there are records for rare species, important natural communities, natural areas, and/or conservation/managed areas within the proposed project boundary. These results are presented in the attached 'Documented Occurrences' tables and map. The attached 'Potential Occurrences' table summarizes rare species and natural communities that have been documented within a one -mile radius of the property boundary. The proximity of these records suggests that these natural heritage elements may potentially be present in the project area if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile radius of the project area, if any, are also included in this report. If a Federally -listed species is documented within the project area or indicated within a one -mile radius of the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for guidance. Contact information for USFWS offices in North Carolina is found here: httos://www.fws.aov/offices/Directorv/ListOffices.cfm?statecode=37. Please note that natural heritage element data are maintained for the purposes of conservation planning, project review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions. Information provided by the NCNHP database may not be published without prior written notification to the NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NCNHP data may not be redistributed without permission. Also please note that the NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature Preserve, Registered Heritage Area, Clean Water Management Trust Fund easement, or an occurrence of a Federally -listed species is documented near the project area. If you have questions regarding the information provided in this letter or need additional assistance, please contact Rodney A. Butler at rod ney.butler(a)ncdcr.govov or 919-707-8603. Sincerely, NC Natural Heritage Program DEPARTMENT OF NATURAL AND CULTURAL i:ESOURCES 1 I ,..L1, NC :rig' _ ^ OFC .. FAX ' Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Intersecting the Project Area Arrowood Business Park September 17, 2020 N C N H D E-12893 No Element Occurrences are Documented within the Project Area There are no documented element occurrences (of medium to very high accuracy) that intersect with the project area. Please note, however, that although the NCNHP database does not show records for rare species within the project area, it does not necessarily mean that they are not present; it may simply mean that the area has not been surveyed. The use of Natural Heritage Program data should not be substituted for actual field surveys if needed, particularly if the project area contains suitable habitat for rare species. If rare species are found, the NCNHP would appreciate receiving this information so that we may update our database. No Natural Areas are Documented within the Project Area Managed Areas Documented Within Project Area* Managed Area Name E-, G.m.: ,,, . 11 Mecklenburg County Open Space - Coffey Creek Mecklenburg County Local Government Greenway NOTE: If the proposed project intersects with a conservation/managed area, please contact the landowner directly for additional information. If the project intersects with a Dedicated Nature Preserve (DNP), Registered Natural Heritage Area (RHA), or Federally -listed species, NCNHP staff may provide additional correspondence regarding the project. Definitions and an explanation of status designations and codes can be found at httr)s://ncnhde.natureserve.org/heir). Data query generated on September 17, 2020: source: NCNHP, Q3 July 2020. Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database. Page 2 of 5 Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One -mile Radius of the Project Area Arrowood Business Park September 17, 2020 N C N H D E-12893 Element Occurrences Documented Within a One -mile Radius of the Project Area Taxonomic EO ID Scientific Name Common Name Last Element Accuracy Federal State Coal State Group Observation Occurrence Status Status Rank Rank Date Rank Natural 18063 Mixed Moisture --- 2010 B 3-Medium --- --- G2? S2 Community Hardpan Forest Natural 11894 Upland Depression --- 2003-09-16 A 3-Medium --- --- G2G3 S2S3 Community Swamp Forest Vascular Plant 4103 Acmispon helleri Carolina Birdfoot- 1994-05-31 A? 3-Medium --- Special G5T3 S3 trefoil Vascular Plant 13743 Delphinium exaltatum Tall Larkspur 1800s Hi? 5-Very Low Vascular Plant 23967 Ilex longipes Georgia Holly 2003-08-17 E 2-High Natural Areas Documented Within a One -mile Radius of the Project Area Site _ 9 Whitehall Nature Preserve R1 (Exceptional) Managed Areas Documented Within a One -mile Radius of the Project Area Managed Area Name Owner City of Charlotte Open Space City of Charlotte Mecklenburg County Open Space - Little Sugar Mecklenburg County Creek Greenway City of Charlotte Open Space City of Charlotte Mecklenburg County Open Space - Coffey Creek Mecklenburg County Greenway City of Charlotte Open Space City of Charlotte Catawba Lands Conservancy - Whitehall Nature Catawba Lands Conservancy Preserve NC Department of Transportation Mitigation Site NC Department of Transportation Mecklenburg County Open Space - Steele Creek Mecklenburg County Greenway City of Charlotte Open Space City of Charlotte Page 3 of 5 C c'if Ating C4 (Moderate) Owner Type Local Government Local Government Local Government Local Government Local Government Private State Local Government Local Government Concern Vulnerable --- Endangered G3 S2 --- Significantly G5 S1 Rare Peripheral Managed Areas Documented Within a One -mile Radius of the Project Area aged Area Name City of Charlotte Open Space City of Charlotte Local Government City of Charlotte Open Space City of Charlotte Local Government Definitions and an explanation of status designations and codes can be found at httgs://ncnhde.natureserve.org/heir). Data query generated on September 17, 2020; source: NCNHP, 03 July 2020. Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database. Page 4 of S NCNHDE-12893: Arrowood Business Park Elwm=nfary. \ X Shopon .. square Stopbn Rd I 4 r h n o: d Pubic Admit Creak a� ed HtckoNv r. Q �< 25 W E a' u September 17, 2020 ❑ Project Boundary ❑ Buffered Project Boundary NHP Natural Area (NHNA) Managed Area (MAREA) Page 5 of 5 Rsnnra �aru:+r riequrrai Renaissance Park Golf Cout-4 Gnif COUrae J C r Fes\ Yrhrtehsll -- �� q/ 1:28,567 0 0.225 0.45 0.9 mi i 5 tiT4 ' i�r� 0 0,375 0,75 1.5 km St-- Esn, HERE Garmn. In—vm increment P Corp. GERCO. USGS. FAO, NIPS NRCAN, Geo0ase. IGN. KaddSW NIL Ordnance Survey, Eui Japan, WTI. Eui China (Hoop Kan9). (c) OmSt—Nap —v b A— and the GIS U— C."-. Attachment D US Fish & Wildlife Service Correspondence lL(: United States Department of the Interior F7RFBERYKF ,F�. FISH AND WILDLIFE SERVICE Asheville Field Office "+,, n 11. 1 160 Zillic oa Street Asheville, North Carolina 28801 June 3, 2020 Perry Isner Wetlands and Waters, Inc 328 East Broad St. Suite D Statesville, NC 28677 Subject: Arrowood Site; Mecklenburg County, North Carolina Log No. 4-2-20-287 The U.S. Fish and Wildlife Service (Service) has reviewed the information provided in your correspondence dated May 21, 2020 for the project referenced above wherein you request concurrence with your effect determinations for project -mediated impacts to federally protected species. We submit the following comments in accordance with the provisions of the Fish and Wildlife Coordination Act, as amended (16 U.S.C. 661-667e); the National Environmental Policy Act (42 U.S.C. §4321 et seq.); and section 7 of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531-1543) (Act). Project Description According to the information provided, you are seeking a Nationwide Permit from the U.S. Army Corps of Engineers to construct an industrial development on 265 acres of woodland in Mecklenburg County, North Carolina. The site is composed of undeveloped woodland habitats and transitional habitats. Surrounding land use is dominated by successional forest and residential and commercial developments. Federally Listed Endangered and Threatened Species According to Service records, suitable summer roosting habitat may be present in the project area for the federally threatened northern long-eared bat (Myotis septentrionalis). However, the final 4(d) rule (effective as of February 16, 2016), exempts incidental take of northern long-eared bat associated with activities that occur greater than 0.25 miles from a known hibernation site, and greater than 150 feet from a known, occupied maternity roost during the pup season (June 1 — July 31). Based on the information provided, the project (which may or may not require tree clearing) would occur at a location where any incidental take that may result from associated activities is exempt under the 4(d) rule. Although not required, we encourage you to avoid any associated tree clearing activities during the maternity roosting season from May 15 — August 15. The information provided suggests that potential suitable habitat for the federally endangered Schweinitz's sunflower (Helianthus schweinitzii), smooth coneflower (Echinacea laevigata), and Michaux's sumac (Rhus michauxii) occurs onsite (e.g. transitional areas along forest edges, fencerows, roadsides, utility rights -of -way, etc.). Your correspondence suggest surveys were conducted, however, it is unclear if the surveys were performed during the 2019 optimal survey window. Targeted surveys for these species should be conducted between late August and October (first frost) which would span the optimal survey window for all of the species referenced above. Please submit your survey dates to this to complete our review. In lieu of surveys during the optimal survey window, the Applicant may choose to assume presence of this species and identify measures to sufficiently avoid impacts to areas onsite that contain suitable habitat. The Service appreciates the opportunity to provide these comments. Please contact Mr. Byron Hamstead of our staff at 828/258-3939, Ext. 225, if you have any questions. In any future correspondence concerning this project, please reference our Log Number 4-2-20-287. Sincerely, Digitally signed JANET by JANET MIZZI MIZZI 14484z��3 Janet Mizzi Field Supervisor Attachment E US Fish & Wildlife Service Optimal Survey Windows for Protected Plant Species OPTIMAL SURVEY WINDOWS AND NUMBER OF YEARS A SURVEY IS VALID FOR NORTH CAROLINA'S FEDERALLY THREATENED, ENDANGERED, AND AT -RISK PLANT SPECIES SCIENTIFIC NAME COMMON NAME STATUS SURVEY WINDOW YEARS SURVEY IS VALID Aeschynomene virginica sensitive joint -vetch T July — October 1 Amaranthus pumilus seabeach amaranth T July - October (or before first tropical storm that causes overwash 1 Amorpho georgiano var. eor ions Georgia lead -plant ARS late April — October 2 Cordomine micronthera small-anthered bittercress E April - May 1 Carex impressinervio impressed -nerved sedge ARS April - May 2 Carex lutes golden sedge E mid April - mid June 2 Dionaea muscipula Venus flytrap ARS late May —June 2 Echinaceo laevigota smooth coneflower E late May —October 2 Fimbristylis perpusillo Harper's fimbristylis ARS July — September 2 Geum radiatum spreading avens E June — September 2 Gymnoderma lineore rock gnome lichen E year round 2 Hedyotis purpurea var. montana Roan Mountain bluet E June —July 2 Helianthus schweinitzii Schweinitz's sunflower E late August — October 2 Helonias bulloto swamp pink T April — May 2 Hexastylis noniflora dwarf -flowered heartleaf T March — May 2 Hudsonia montana mountain golden heather T late May - early June 2 Isoetes microvelo thin -wall quillwort ARS April —July 1 Isotria medeoloides small whorled po onia T mid May - early July 1 Liatris helleri Heller's blazing star T July — September 2 Lindera melissifoho pondberry E February — March; September - October 2 Lindera subcoriacea bog spicebush ARS March - August 2 Lobelia bo kinii Boykin's Lobelia ARS May — July 2 Ludwigia rovenii Raven's seedbox ARS June - October 2 Lysimachia asperulaefolio rough -leaved loosestrife E mid May —September 2 Macbridea caroliniana Carolina birds -in -a -nest ARS July — November 2 Minuartia godfreyi Godfrey's stitchwort ARS April —June 2 Oxypolis conbyi Canby's dropwort E mid July —September 2 Platanthera integrilabio white fringeless orchid T mid July - late August 2 Ptilimnium nodosum harperella E July — early September (during low water 1 Rhus michauxii Michaux's sumac E May — October 2 Rhynchosporacrinipes hairy-peduncled beakrush ARS July — September 2 Rudbeckia heliopsidis sun -facing coneflower ARS July — September 2 Sagittaria fasciculoto bunched arrowhead E mid May —July 2 Sarracenia oreophila green pitcher -plant E late April — October 2 Sarracenia purpurea var. montana mountain purple pitcher- plant ARS April —October 2 Sarracenia rubro ssp. jonesii mountain sweet pitcher- plant E April — October 2 SCIENTIFIC NAME COMMON NAME STATUS SURVEY WINDOW YEARS SURVEY IS VALID Schwalbea americana American chaffseed E May - August (1-2 months after a fire) 2 Sisyrinchium dichotomum white irisette E late May —July 2 Solidago plumoso Yadkin River goldenrod CCA September — October 2 Solidago spithamaea Blue Ridge goldenrod T July — September 2 Symphyotrichum georgionum Georgia aster CCA October - mid November 2 Spiraea virginiana Virginia spiraea T May - early July 2 Sporobolus teretifolius wire -leaved dropseed ARS July —September2 (following fire) Thalictrum cooleyi Cooley's meadowrue E mid June - early July 2 Tsuga caroliniona Carolina hemlock ARS year round 2 STATUS KEY: E - Federally endangered T - Federally threatened ARS - Proposed for listing as threatened or endangered under the ESA, candidate species for listing, or petitioned by a third party for listing. AIRS species listed above have "substantial" 90-day findings and are undergoing status reviews (awaiting 12-month findings). CCA - Species subject to a candidate conservation agreement. OTHER NOTES: These survey windows were determined from species recovery plans, field observations, herbaria specimens, and NC Natural Heritage Program information. For additional information about these species, please visit the U.S. Fish and Wildlife Service Asheville Field Office webpage at https://www.fws.gov/asheville/ or the Raleigh Field Office webpage at https://www.fws.gov/raleigh/. If suitable habitat for species is present in the proposed impact area, the U.S. Fish and Wildlife Service will likely request species surveys, conducted by a qualified biologist, during the optimal survey window. Projects are reviewed on a case -by -case basis and you are encouraged to contact a Section 7 coordinator early in the project planning process. To discuss your project and survey requirements with a Section 7 coordinator, please contact the Asheville Field Office at 828-258-3939 or the Raleigh Field Office at 919-856-4520 Version date: March 10, 2020