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20210074 Ver 1_00_20210209_Emerson Hills Apartment Homes_PCN_NWP 18_20210211
Preliminary ORM Data Entry Fields for New Actions ACTION ID 4: SAW- 2020-00510 Begin Date (Date Received): Prepare file folder ❑ Assign Action ID Number in ORM ❑ 1. Project Name [PCN Form A2a]: Emerson Hills Apartment Homes 2. Work Type: ❑Private ❑Institutional ❑Government ❑ Commercial 3. Project Description / Purpose [PCN Form 133d and 133e]: Pedcor Investments, LLC proposes to construct a multi -family development on an approximately 25-acre property on North Avenue Extension between Concord Lake Road and Interstate 85 in Kannapolis, Cabarrus County, NC (Figure 1). 4. Property Owner / Applicant [PCN Form A3 or A4]: Pedcor Investments, LLC 5. Agent / Consultant [PNC Form A5 — or ORM Consultant ID Number]: Chris Tinklenberg, PWS (Kimley-Horn) 6. Related Action ID Number(s) [PCN Form 135b]: 7. Project Location —Coordinates, Street Address, and/or Location Description [PCN Form Blb]: The project is located between Concord Lake Road and Interstate 85 in Kannapolis, Cabarrus County, NC. Project Coordinates (decimal degrees): 35.457444 N,-80.597664 W 8. Project Location —Tax Parcel ID [PCN Form B 1 a] : 56224500200000 & 56223570920000 9. Project Location — County [PCN Form A2b]: Cabarrus 10. Project Location — Nearest Municipality or Town [PCN Form A2c]: Kannapolis 11. Project Information — Nearest Waterbody [PCN Form 132a]: Cold Water Creek 12. Watershed / 8-Digit Hydrologic Unit Code [PCN Form 132c]: Yadkin Pee Dee (03040105) Authorization: Section 10 ❑ Section 404 ❑ Regulatory Action Type: ❑ Standard Permit ✓ Nationwide Permit 418 Regional General Permit 4 Jurisdictional Determination Request Section 10 and 404 ✓❑ ::]Pre -Application Request ::]Unauthorized Activity ❑ Compliance ❑ No Permit Required Revised 20150602 Kimley>>> Horn January 11, 2021 Mr. Bryan Roden -Reynolds Wilmington District, Charlotte Regulatory Field Office US Army Corps of Engineers 8430 University Executive Park Drive Charlotte, NC 28262 Ms. Karen Higgins NC DWR, 401 & Buffer Permitting Unit 512 North Salisbury Street Raleigh, NC 27604 Re: Pre -Construction Notification (NWP #18) Emerson Hills Apartment Homes Kannapolis, Cabarrus County, NC Dear Mr. Roden -Reynolds and Ms. Higgins: On behalf of our client, Pedcor Investments, Kimley-Horn (KH) is submitting the enclosed Section 404/401 Pre -construction Notification for the above -referenced project for your review pursuant to Nationwide Permit #18. The proposed project seeks to construct a multi -family affordable housing development. Authorization is requested for grading activities necessary to construct stormwater management facilities as part of the larger multi -family residential development. The following information is included as part of this application submittal: • Project Summary Sheet • Pre -Construction Notification Form • Agent Authorization • Permit Figures ■ Figure 1 —Vicinity ■ Figure 2 — USGS 7.5' Topo (Concord) ■ Figure 3 — NRCS Soils (2019 Cabarrus Co. Aerial) ■ Figure 4 — Existing Conditions (2019 Cabarrus Co. Aerial) ■ Figure 5 — Proposed Conditions (2019 Cabarrus Co. Aerial) • Permit Plans • Agency Correspondence • Compensatory Mitigation PROJECT BACKGROUND Emerson Hills Apartment Homes is a proposed 25-acre multi -family residential development located in Kannapolis, Cabarrus County, NC. The center of the project area is located at 35.457444°N,-80.597664°W. The purpose of this project is to construct a multi -family affordable housing development for workforce housing for households earning between 60 and 80 percent of the area median income (AMI). Kimley»>Horn AGENCY CORRESPONDENCE Cultural Resources Page 2 Kimley-Horn consulted the North Carolina State Historic Preservation Office (SHPO) HPOWEB GIS service on December 16, 2020. No documented architectural, historic, or archaeological sites of significance within the project boundary were identified. A request letter was submitted to SHPO to determine the presence of archeological, cultural, or historic resources on December 16, 2020. At the time of the report, a response has not been received. A copy of the request is attached. Protected Species A review of the North Carolina Natural Heritage Program (NCNHP) database on September 30, 2020, did not indicate known occurrences of threatened or endangered species within the project boundary. Additionally, pedestrian surveys conducted by Kimley-Horn on September 24, 2020, did not identify any occurrences of protected species within the property boundary. A concurrence request letter was submitted to the USFWS on September 30, 2020. A response by USFWS was received on October 28, 2020 concurring with the biological conclusion of "may affect, not likely to adversely affect". A copy of the NCNHP Report, USFWS Concurrence Request, and USFWS Response are attached. PROPOSED IMPACTS TO JURISDICTIONAL WATERS The overall project consists of the construction of 15 multi -family apartment buildings with associated parking lots, sidewalks, utilities, stormwater drainage infrastructure and a clubhouse facility. Authorization is requested under NWP 18 for minor discharges associated with grading activities necessary to construct stormwater management facilities to service the residential development. Stormwater management facilities are sized and positioned to minimize impacts to the greatest extents practicable and present minimal adverse effects to medium -quality intermittent streams. The proposed project will result in 14.33 cubic yards (CY) of fill below OHWM or 291 linear feet (LF) of permanent stream impacts. The development also proposes to tie into the existing public sanitary sewer system. The work includes the installation of a lateral 8-inch PVC which transitions to a 12-inch PVC with a 24-inch steel casing at the two stream crossings. The installation will consist of open -cut and backfill through Stream 7 and Stream 8. 41 LF of temporary impact to Stream 7 and 44 LF of temporary impact to Stream 8 is necessary to install a pumped diversion system in order to work in dry conditions while the open cut, pipe installation, and backfill activities are conducted. The stream and all disturbed areas will be restored to pre -construction conditions following completion of the activity. AVOIDANCE AND MINIMIZATION There is approximately 95' of elevation change from the southwest corner of the site to the northeast corner. As an affordable housing development, an accessible pedestrian route must be provided from units to all site amenities. This limits the ability to compress the spacing between site features (buildings, parking, amenities, etc.) and still transition grades through the site, provide stormwater control measures, and completely avoid impacts to streams. Retaining walls have been provided to completely avoid impacts to streams and wetlands in the northwestern portion of the property, and to minimize impacts to streams on the northeastern proportion of the property to the extent practicable. Stormwater facilities are sized and positioned to minimize impacts to the greatest extents practicable and present minimal adverse effects to medium -quality intermittent streams. The temporary impacts associated with the construction of the sanitary sewer connection will be limited to two stream crossings. A double row of silt fencing will be installed along stream banks within the construction corridor to avoid additional temporary stream impacts and prevent incidental fallback. Kimley»>Horn COMPENSATORY MITIGATION Page 3 Compensatory mitigation will be met by the purchase of credits through the NC Division of Mitigation Services (NCDMS) in -lieu fee program. 291 LF of stream impacts will be mitigated through the purchase of stream mitigation credits. Based on an NCSAM assessment of Medium for Streams 2 and 4, mitigation is proposed at a 1.75:1 ratio for impacts to these features, or 510 stream mitigation credits. In total, 510 stream mitigation credits will be purchased from NCDMS to offset impacts associated with this project. A copy of the NCSAM forms and the NCDMS In -Lieu Fee Acceptance Letter is attached. Please feel free to contact me at (704) 409-1802 if you have any questions or if additional information is necessary. Sincerely, KIMLEY-HORN AND ASSOCIATES, INC. Chris Tinklenberg, PWS Environmental Scientist Kimley>>> Horn Project Summary Sheet Project Name: Emerson Hills Apartment Homes Applicant Name and Address: Pedcor Investments, LLC (POC: Kara Strickland 770 Third Avenue, S.W. Carmel, IN 46032 Telephone Number: (317) 218-2683 Type of Request: ® Nationwide PCN (NWP #18) ❑ Individual Permit Application ❑ Jurisdictional Determination ❑ Other: Included Attachments: ® Project Plans ® USGS Map ® NRCS Soil Survey ® Agent Authorization ® Delineation Sketch ❑ Delineation Survey ❑ Data Forms (Up & Wet) ❑ NCDWR Stream Forms ❑ USACE Stream Forms ® NCDMS Confirmation ® Aerial Photo ❑ Site Photos ® Agency Correspondence ❑ Other: ❑ Other: Check if applicable: ❑ CAMA County ❑ Trout County ❑ Isolated Waters ❑ Section 7, ESA ❑ Section 106, NHPA ❑ EFH ❑ Mitigation Proposed (❑ NC EEP ❑ On -Site ❑ Off -Site ❑ Other) County: Cabarrus Nearest City/Town: Kannapolis Waterway: Cold Water Creek River Basin: Yadkin Pee Dee H.U.C.: 03040105 USGS Quad Name: Concord Property Size (acres): 25 acres Approx. Size of Jurisdiction on Site (acres): 0.30 Site Coordinates (in decimal degrees): 35.457444 °N,-80.597664 °W Project Location: The subject property is situated between Concord Lake Road and Interstate 85 in Kannapolis, Cabarrus County, NC. Site Description: The proposed project includes the construction of multi -family residential housing. The subject properly is an approximately 25-acre parcel comprised of two residential developments, horse pastures, and undeveloped forest land. Impact Summary (if applicable): The overall project consists of the construction of 15 multi -family apartment buildingis with associated narking lots_ sidewalks_ utilities_ stormwater drainage infrastructure and a clubhouse facilitv. Authorization is requested under NWP 18 for minor discharges associated with grading activities necessary to construct stormwater management facilities to service the residential development. Stormwater management facilities are sized and positioned to minimize impacts to the greatest extents practicable and present minimal adverse effects to medium -quality intermittent streams. The proposed project will result in 14.33 cubic yards (CY) of fill below OHWM or 291 linear feet (LF) of permanent stream impacts. The development also proposes to tie into the existing public sanitary sewer system. The work includes the installation of a lateral 8-inch PVC which transitions to a 12-inch PVC with a 24-inch steel casing at the two stream crossing installation will consist of open -cut and backfill through Stream 7 and Stream 8. 41 LF of temporary impact to Stream 7 and 44 LF of temporary impact to Stream 8 is necessary to install a pumped diversion system in order to work in & conditions while the open cut, pipe installation, and backfill activities are conducted. The stream and all disturbed areas will be restored to pre -construction conditions following completion of the activity. Kimley»>Horn Page 2 NWP 0 Open Water (acres) Wetland (acres) Stream Channel Intermittent and/or Unimportant Aquatic Function Perennial and/or Important Aquatic Function Temp. Perm. Temp. Perm. Tem Perm. Tem Perm. if ac if CY if ac if Ac 18 291 14.33 85 Total 291 14.33 85 Total Permanent (Loss) Impact to Non -Wetland WoUS 291 Total Cubic Yard (CY) of Fill Below OHWM 14.33 Kimley-Horn Contact: Chris Tinklenberg, PWS Direct Number: (704) 409-1802 Email: chris.tinklenbergkkimla-hom.com AT F��9QG o liiii� _1C Office Use Only: Corps action ID no. DWQ project no. Form Version 1.3 Dec 10 2008 Pre -Construction Notification PCN Form A. Applicant Information 1. Processing 1a. Type(s) of approval sought from the Corps: ®Section 404 Permit El Section 10 Permit 1b. Specify Nationwide Permit (NWP) number: 18 or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? ❑ Yes ® No 1d. Type(s) of approval sought from the DWQ (check all that apply): ® 401 Water Quality Certification — Regular ❑ Non-404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization 1e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ❑ Yes ® 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. ® Yes ❑ No 1g. Is the project located in any of NC's twenty coastal counties? If yes, answer 1 h below. ❑ Yes ®No 1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ®No 2. Project Information 2a. Name of project: Emerson Hills Apartment Homes 2b. County: Cabarrus 2c. Nearest municipality / town: Kannapolis 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: Pedcor Investments, LLC 3b. Deed Book and Page No. 3c. Responsible Party (for LLC if applicable): Kara Strickland 3d. Street address: 770 Third Ave, S.W. 3e. City, state, zip: Carmel, IN 46032 3f. Telephone no.: (317) 218-2683 3g. Fax no.: 3h. Email address: kstrickland@pedcor.net Page 1 of 9 PCN Form — Version 1.3 December 10, 2008 Version 4. Applicant Information (if different from owner) 4a. Applicant is: ❑ Agent ❑ Other, specify: 4b. Name: 4c. Business name (if applicable): 4d. Street address: 4e. City, state, zip: 4f. Telephone no.: 4g. Fax no.: 4h. Email address: 5. Agent/Consultant Information (if applicable) 5a. Name: Chris Tinklenberg, PWS 5b. Business name (if applicable): Kimley-Horn and Associates 5c. Street address: 200 South Tryon Street, Suite 200 5d. City, state, zip: Charlotte, NC 28202 5e. Telephone no.: 704-409-1802 5f. Fax no.: 5g. Email address: Chris.Tinklenberg@kimley-horn.com Page 2 of 9 PCN Form — Version 1.3 December 10, 2008 Version B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 1b. Site coordinates (in decimal degrees): Latitude: 35.457444 Longitude:-80.597664 (DD.DDDDDD) (-DD.DDDDDD) 1c. Property size: 25 acres (Limits of Disturbance) 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to proposed Cold Water Creek project: 2b. Water Quality Classification of nearest receiving water: C 2c. River basin: Upper Pee Dee (HUC 03040105) 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: The subject property is situated between Concord Lake Road and Interstate 85 in Kannapolis, Cabarrus County, NC. Six (6) streams and two (2) wetlands are present on -site. The subject property is an approximately 25-acre parcel comprised of two residential developments, horse pastures, and undeveloped forest land. The subject property is bound by residential development to the west, Concord Lake STEAM Academy to the north, Kannapolis Church of Christ and Sonny's Camp N Travel to the south, and an I-85 Cabarrus County Rest Area along Interstate 85 to the east. 3b. List the total estimated acreage of all existing wetlands on the property: 0.30 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: The total length of all on -site streams is approximately 1,198 linear feet. 3d. Explain the purpose of the proposed project: The purpose of this project is to construct a multi -family affordable housing development for workforce housing for households earning between 60 and 80 percent of the area median income (AMI). 3e. Describe the overall project in detail, including the type of equipment to be used: The overall project consists of the construction of 15 multi -family apartment buildings with associated parking lots, sidewalks, utilities, stormwater drainage infrastructure and a clubhouse facility. General construction equipment includes, but are not limited to, bulldozers, excavators, front-end loaders, etc. will be used for construction purposes. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project ®Yes El No El Unknown (including all prior phases) in the past? Comments: 4b. If the Corps made the jurisdictional determination, what type of ®Preliminary El Final determination was made? 4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: Kimley-Horn & Assoc., Inc.Other: Name (if known): Chris Tinklenberg, Addie Lasitter 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. 5/19/2020 5. Project History 5a. Have permits or certifications been requested or obtained for this ❑ Yes ® No ❑ Unknown project (including all prior phases) in the past? 5b. If yes, explain in detail according to "help file" instructions. Page 3 of 9 PCN Form — Version 1.3 December 10, 2008 Version 6. Future Project Plans 6a. Is thisa phased project? Yes ❑ No 6b. If yes, explain. Authorization is requested under NWP 18 for minor discharges associated with grading activities necessary to construct stormwater managementfacilities to service the residential development as partof Phase I. All impacts are proposed in Phase1. C. Proposed Impacts Inventory 1. Impacts Summary la. Which sections were completed below for your project (check all that apply): ❑ 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. 2b. 2c. 2d. 2e. 2f. Wetland impact Type ofjurisdiction number— Type of impact Type of Forested (Corps - 404, 10 Area of impact Permanent(P)or wetland DWQ — non-404, other) (acres) Temporary (T) (if known) 2g. Total wetland impacts 2h. Comments: 3. Stream Impacts If there are perennial or intermittentstream impacts (including temporary impacts) proposed on the site, then complete this question forall stream sites impacted. 3a. 3b. 3c. 3d. 3e. 3f. 3g . Stream impact Type of impact Stream name Perennial (PER) Type ofjurisdiction Average Impact number- or intermittent (Corps - 404, 10 stream length Permanent(P)or (INT)? DWQ —non-404, width (linear Temporary(T) other) (feet) feet) Impact — S4 Grading/earthen fill S4 — UT ❑ PER [0 Corps 3 168 [0P❑T ®INT [0DWQ Impact2 — S2 Grading/earthen fill S2 — UT ❑ PER 0 Corps 3 123 0P❑T ®INT 0DWQ Impact3 ® PER 0 Corps ❑ P [0 T Open -cutting S7 — UT ❑ INT [0 DWQ 6 41 Impact4 Open -cutting S8 - UT [0 PER [0 Corps 6 44 El [0 T ❑ INT [0 DWQ 3h. Total stream and tributary impacts 376 3i. Comments: Authorization is requested under NWP 18 for minor discharges associated with grading activities necessary to construct stormwater management facilities to servicethe residential development. Stormwater management facilities are sized and positioned to minimize impacts to th a greatest extents p racti cabl a an d p resen t mi n i mal adverse effects to medium -quality intermittent streams. The proposed projectwill resultin 14.33 cubic yards (CY) offill belowOHWM or 291 linearfeet (LF) of permanent stream impacts. The developmentalso proposestotie into theexisting publicsanitary sewersystem. The work includes the installation ofa lateral 8- inch PVC which transitionsto a 12-inch PVC with a 24-inch steel casing atthe two stream crossings. The installation will consist of open-cutand backfill through Stream7 and Stream 8. 41 LF oftemporary impactto Stream 7 and 44 LF oftemporary impactto Stream 8 is necessary to install a pumped diversion system in orderto work in dry conditions while the open cut, pipe installation, and backfill activitiesare conducted. The stream and all disturbed areaswill be restored to pre -construction conditions following completionofthe activity. Page 4 of 9 PCN Form —Version 1.3 December 10, 2008 Version 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 individually list all open water impacts below. 4a. 4b. 4c. 4d. 4e. Open water Name of waterbody impact number (if applicable) Type of impact Waterbody type Area of impact (acres) - Permanent (P) or Temporary T 4f. Total open water impacts 4g. Comments: 5. Pond or Lake Construction If pond or lake construction proposed, then com Iete the chart below. 5a. 5b. 5c. 5d. 5e. Wetland Impacts (acres) Stream Impacts (feet) Upland Pond ID Proposed use or purpose of (acres) number pond Flooded Filled Excavated Flooded Filled Excavated Flooded 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. ❑ Neuse ❑ Tar -Pamlico ❑ Other: Project is in which protected basin? ❑ Catawba ❑ Randleman 6b. 6c. 6d. 6e. 6f. 6g. Buffer impact number - Reason Buffer mitigation Zone 1 impact Zone 2 impact Permanent (P) for impact Stream name required? (square feet) (square feet) or Temporary T ❑P❑T ❑Yes ❑ No 6h. Total buffer impacts 6i. Comments: The proposed project will not impact protected riparian buffers. D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. Stormwater facilities are sized and positioned to minimize impacts to the greatest extents practicable and present minimal adverse effects to moderate and low -quality intermittent streams. Page 5 of 9 PCN Form - Version 1.3 December 10, 2008 Version 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. There is approximately 95' of elevation change from the southwest corner of the site to the northeast corner. As an affordable housing development, an accessible pedestrian route must be provided from units to all site amenities. This limits the ability to compress the spacing between site features (buildings, parking, amenities, etc.) and still transition grades through the site, provide stormwater control measures, and completely avoid impacts to streams. Retaining walls have been provided to completely avoid impacts to streams and wetlands in the northwestern portion of the property, and to minimize impacts to streams on the northeastern proportion of the property to the extent practicable. The temporary impacts associated with the construction of the sanitary sewer connection will be limited to two stream crossings. A double row of silt fencing will be installed along stream banks within the construction corridor to avoid additional temporary stream impacts and prevent incidental fallback. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for ® Yes ❑ No impacts to Waters of the U.S. or Waters of the State? 2b. If yes, mitigation is required by (check all that apply): ❑ DWQ ® Corps ❑ Mitigation bank 2c. If yes, which mitigation option will be used for this ®Payment to in -lieu fee program project? ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type Stream 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: 291 linear feet 4c. If using stream mitigation, stream temperature: ® warm ❑ cool ❑cold 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non -riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Page 6 of 9 PCN Form — Version 1.3 December 10, 2008 Version 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) 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: 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 ® 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 Comments: 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 45% 2b. Does this project require a Stormwater Management Plan? ® 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: Two wet ponds will be provided on -site to provide peak attenuation for the 1-year and 10-year, 24-hr storm events and 85% average annual TSS removal for the 1st inch of runoff. ® Certified Local Government 2e. Who will be responsible for the review of the Stormwater Management Plan? ❑ DWQ Stormwater Program ❑ DWQ 401 Unit 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? Kannapolis ® Phase II 3b. Which of the following locally -implemented stormwater management programs ❑ NSW ❑ USMP apply (check all that apply): ❑ Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ® No attached? Under Review; the SMP approval letter will be provided once it is received. Page 7 of 9 PCN Form — Version 1.3 December 10, 2008 Version 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 attached? ❑ Yes ❑ No 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 F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1a. 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 letter.) ❑ Yes ❑ No 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 ® No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after -the -fact permit application? ❑ Yes ®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 ®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. The project is designed to construct 15 multi -family apartment buildings with associated parking lots, sidewalks, utilities, stormwater drainage infrastructure and a clubhouse facility. No additional or cumulative impacts are anticipated due to the construction of the proposed project. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility: Wastewater generated from the project will be discharged to Charlotte Water sanitary sewer system adjacent to the project. Page 8 of 9 PCN Form — Version 1.3 December 10, 2008 Version 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? ❑ Raleigh 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? A review of the North Carolina Natural Heritage Program (NCNHP) database on September 30, 2020, did not indicate known occurrences of threatened or endangered species within the project boundary. Additionally, pedestrian surveys conducted by Kimley-Horn on September 24, 2020, did not identify any occurrences of protected species within the property boundary. A concurrence request letter was submitted to the USFWS on September 30, 2020. A response by USFWS was received on October 28, 2020 concurring with the biological conclusion of "may affect, not likely to adversely affect". A copy of the NCNHP Report, USFWS Concurrence Request, and USFWS Response are attached. 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? NCNHP element occurrence database did not indicate the presence of EFH within the project boundary. 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? Kimley-Horn consulted the North Carolina State Historic Preservation Office (SHPO) HPOWEB GIS service on January 30, 2020. No documented architectural, historic, or archaeological sites of significance within the project boundary were identified. A request letter was submitted to SHPO to determine the presence of archeological, cultural, or historic resources on December 16, 2020. At the time of the report, a response has not been received. A copy of the request is attached. 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: 8c. What source(s) did you use to make the floodplain determination? FIRM Panel 3710562200K Chris Tinklenberg, PWS -------------- 1 /11 /2021 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 9 of 9 PCN Form — Version 1.3 December 10, 2008 Version AGENT AUTHORIZATION FORM Name: Pedcor Investments, LLC (Kara Strickland) Address: 770 Third Avenue, S.W., Carmel, IN 46032 Phone: 317-218-2683 Email kstrickland(a-),pedcor.net Project Name/Description: Emerson Hills Apartment Homes Date: January 4, 2021 The Department of the Army U.S. Army Corps of Engineers, Wilmington District Attention: Bryan Roden -Reynolds Re: Wetland Related Consulting and Permitting Pedcor Investments, LLC hereby designates and authorizes Kimley-Horn and Associates, Inc. to act in my/our behalf as my/our agent solely for the purpose of processing Jurisdictional Determinations, Section 404 permits/Section 401 Water Quality Certifications applications and to furnish upon request supplemental information in support of applications, etc. from this day forward until successful completion of the permitting process or revocation by the owner. Authorized this the 6th day of January 2021 Kara L. Strickland Authorized Representative (Print Name) Cc: Karen Higgins NC Division of Water Resources 401 & Buffer Permitting Unit 1650 Mail Service Center Raleigh, NC 27699-1650 Authorized fepresentative (Signature) FIGURES 6'�!'g! 2 p1•%F 1: hip nla Sl cv� C a e yyeShV'w° K w A P¢,,y m v� A �a7° SI ,rI' PCs a �Y rt n F °•� U� T k 5umm1 � Sl ° rrp"C' n � • lxnl Y r ^ .'s R e¢ R Lby.v Rd ir��n Sdt6 4 i � fdolen, a+, Rd �i01' x m 3 RyL 5,1n5v1 or n sto%�esa w Fk��9iiiir y ahccnino OdC L1 pHyrl ❑1 Hf ........1 s •� F I`Jn4 b� v 0 xOr�a crad9. !Yir f1`� � 1�• H4: 1� . ,Rlo-•o a>1 Lsr Y �vlyps c; �a` vL 4G1 Hf Co 40 x dr a'eicsoa+:nnr � c ornp9 vNr pYr NW ��i� �� .fir 06 °WI Dr 0 N Legend Kimloy>) Horn rq Limits of Disturbance Cabarrus a,—tlry Rd wi,3 Rd 4le 't 6sx Tr �� A 6 e° Ple tee' z Feet 4,000 8,000 Figure 1 Vicinity Map Pedcor Investments Emerson Hills Apartment Homes Cabarrus County, NC N fT yr /. � I 1 ■ •• y fit `■l + ! ` ■ 1`l ,:. 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PLANS ACCESSIBLE ROUTE GRADING AND DRAINAGE PLAN NOTES 1 SEE GENERAL NOTES SHEET FOR OVERALL PAVING GRADING AND DRAINAGE NOTES, 2 CONTRACTOR SIALL REVIEW LNDERS—C AND IMPLEMENT ALL REQUIRED EROSION AND SFIRIENT-1—CONTROL MEASLIFE. PRIOR TO ANY DIETIA-A-E. 3LLFPDT ELEVATID- ALONG PAVEMENT REPRESENT FINISHED CRADE E—ATIDN UNLESS OTHERWISE NOTED 4 ALL SPOT CLCVATIONS ALONG PROPOSED CURB REPRESENT BOTTOM OF CURB ELLVA Hon UNLESS 01 HLHWISL NO I ED. 5 ALL PROPOSED STORM PIKE TO BE CLASS III RCP UNLESS OTFERNISE NOTED. 6 ALL STRUCTURES SHALL BE ADJUSTED AS NECESSARYTO BE FLJSH WITH FINAL PAVFMFNTIN -S OTHFRWI-NOTFn ] ALL CONNEC IONS HE IWEED PROPOSED SI OHM 5 I P-1 LRES AND O RING PILL SHALL HAVE WATERTIGHT CONNECTIONS R. INLET PROTECTION - CONTRACTOR SHALL PROVIDE CATCH BASIN INLET PROTECTION ON ILL EXISTING AND PROPOSED INLETS UNTIL CONTRIBUTING DRAINAGE AREAS ARE STABILIZED. 9. CONTRACTOR SHALL PROVIDE SMOOTH TRANSITION BETWEEN PROPOSED PAVEMENT AND EXISTING PAVEMENT AND STORM STRUCTURES 1 U.CON I RAC I CH SHALL COORDINA I L HAVING IMPROJEMEN IS I O AVOID I IRE MARKS FROM CONSTRJC ION ACTIVITY FINAL PAVING SHALL BE AS SMOOTH AS POSSIBLE AND FREE RON ANY PARKS. SCRAPED, U— I IRE MARKS, E I C. CAUSED DURING CONSTRUCTION 111BURING CONSTRUCTION AND AFTER FINAL GRADING NO SURFACE WATER RUNOFF — BE DIRECTED TO ADJACENT PROPERTIES, AND ALL SURFACE WATER RUNOFF MU 5T BE ROUTED TO APPROVCD DRAIN— FACILITICS OR DE RAINED ON SITE. ALL RUNOFF FROM TH- SITE, BOTH DURING AND AFTER CONSTRUCTION, MUST BE FREE OF POLLUTANTS, INC LU DI NO SEDIMENT, PRIOR TO DISCH ARC E. 12.RIM ELEVATIONS OF CURB INLETS EGO ALS THE FLOW LINE OF THE CUTTER PAN. RIM ELEVATIONS OF DROP INLETS, MANHOLES. AND CLEANO UTS EQUALS THE CENTER OF GRATE OR LID ELEVATIO V. ABBREVIATION CB CATCH BASIN -NCDOT STANDARD CS CONTROL STRUCTURE --OT STANDARD DI DROP INLET NCOOT STAN DARD FES FLARED END SECTION NCDOT STANDARD HN/ STANDARD HEADI:VAILL -NCDOT STANDARD MH MANHOLE NCDOTSTANDARD TW TOP OF RETAINING WALL aW BOTTOM OF RETAINING WALL LP LOW POINT HP HIGH POINT ME MATCH EXISTING TC TOP OF CURB EDE STORM DRAIN EASEMENT GRAPHIC SCALE IN FEET 0 40 BD 160 NORTH e Know what's below. 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MANHOLES S HALL BE PROTECTED FORM THE 100-YR FLOOD BY EITHER SETTING THE FRAME AND COVER 2ABOVE THE 106Y11 FLOOD ELEVATION OR INSTALLING A WATERTIGHT FRAME AN D COVER NTH A VENT 2' ABOVE THE 1-YR FLOOD ELEVATION. MAN HOLES SHALL BE VENTED EVERY I.- OR EVERY OTHER. MANHOLE, WHICHEVER IS GREATER. 2. VENT PIPES SHALL BE GRADE B, FY=35,009 PSI, 3" DIAMETER WTH A MESH STAINLESS STEEL SCREEN IN THE OPENING. PROPOSED UTILITY LEGEND ss SS EXISTING S ANITARYSEWER — — TCE — — — SSE— TEMPORARYCONST. EASEMENT SANITA— • KnDwwhaPs below. 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The Service submits 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 anticipate that the proposed project will require authorization from the U.S. Army Corps of Engineers for impacts to jurisdictional streams associated with the construction of a residential development in Kannapolis, North Carolina. Project plans, a description of proposed impacts to jurisdictional features, and a description of impact avoidance measures have not been provided at this time. Federally Listed Endangered and Threatened Species According to Service records, suitable summer roosting habitat may be present in the project vicinity for the federally threatened northern long-eared bat (Myotis septentrionalis). However, the final4(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 the Applicant to avoid any associated tree clearing activities during the maternity roosting season from May 15 — August 15. Based on the information provided, suitable habitat for the federally endangered Schweinitz's sunflower (Helianthus schweinitzii) occurs within the action areal of the proposed project. However, targeted botanical surveys conducted during optimal survey windows did not detect evidence for that species at that time. Due to the presence of suitable habitat, but lack of onsite evidence for these species, we believe the probability for project -mediated loss of these plants is insignificant and discountable. Therefore, we would concur with a "may affect, not likely to adversely affect" determination from applicable federal action agencies. Based on the information provided we believe that suitable habitat is not present onsite for any other federally protected species and we require no further action at this time. Please be aware that obligations under section 7 of the Endangered Species Act must be reconsidered if: (1) new information reveals impacts of this identified action that may affect listed species or critical habitat in a manner not previously considered, (2) this action is subsequently modified in a manner that was not considered in this review, or (3) a new species is listed or critical habitat is determined that may be affected by the identified action. We offer the following general recommendations for the Applicant's consideration: Erosion and Sediment Control Grading and backfilling should be minimized, and existing native vegetation should be retained (if possible) to maintain riparian cover for fish and wildlife. Disturbed areas should be revegetated with native vegetation and/or organic material as soon as the project is completed. Ground disturbance should be limited to what will be stabilized quickly, preferably by the end of the workday. If erosion control matting is required, only natural fiber matting (coir) should be used as synthetic netting can trap animals and persists in the environment beyond its intended purpose. Low Impact Development The Service is concerned about the potential stormwater-mediated impacts to streams and/or wetlands that may occur onsite. Where detention ponds are used, storm -water outlets should drain through a vegetated area prior to reaching any natural stream or wetland area. Detention structures should be designed to allow for the slow discharge of storm water, attenuating the potential adverse effects of storm -water surges; thermal spikes; and sediment, nutrient, and chemical discharges. Since the purpose of storm -water -control is to protect streams and wetlands, no storm -water -control measures or best management practices should be installed within any stream (perennial or intermittent) or wetland. We recommend that retention ponds be located at least 750 feet from small wetlands to minimize hydrologic disturbance and ecological function. ' Pursuant to 50 CFR §402.02, the Action Area includes all areas to be affected directly or indirectly by the Federal action and not merely the immediate area involved in the action. Moreover, the Effects of the Action are all consequences to listed species or critical habitat that are caused by the proposed action, including the consequences of other activities that are caused by the proposed action. A consequence is caused by the proposed action if it would not occur but for the proposed action and it is reasonably certain to occur. Effects of the action may occur later in time and may include consequences occurring outside the immediate area involved in the action (see also 50 CFR §402.17) Pollinator Habitat Pollinators, such as most bees, some birds and bats, or other insects, including moths and butterflies, play a crucial role in the reproduction of flowering plants and in the production of most fruits and vegetables. Declines in wild pollinators are a result of loss, degradation, and fragmentation of habitat and disease; while declines in honey bees has also been linked to disease. The rusty -patched bumble bee (Bombus afnis) historically occurred in North Carolina's Mountain and Piedmont provinces. Although not required, we encourage the Applicant to consider our recommendations below to benefit the rusty -patched bumble bee and other pollinators. Moreover, the creation and maintenance of pollinator habitats at this site may increase the value of the project for the community and help reduce the spread of invasive exotic plants. Please consider the following: 1. Sow native seed mixes in disturbed areas or in designated pollinator areas with plants that bloom throughout the entire growing season. 2. Taller growing pollinator plant species should be planted around the periphery of the site and anywhere on the site where mowing can be restricted during the summer months. Taller plants, left un-mowed during the summer, would provide benefits to pollinators, habitat to ground nesting/feeding birds, and cover for small mammals. 3. Low growing/groundcover native species should be planted in areas that need to be maintained. This would provide benefits to pollinators while also minimizing the amount of maintenance such as mowing and herbicide treatment. Milk weed species are an important host plant for monarch butterflies. 4. Avoid mowing of flowering plants. Designated pollinator areas show be mow only 50% of the plant height, but no lower than 8 inches. 5. Avoid mowing outside the active season for rusty -patched bumble bee and other pollinators (April 15 — October 15). 6. Leave slash piles, mulch piles, or loose dirt piles along woodland edges. These areas provide nesting habitats and/or nest materials for some pollinators. 7. Avoid the use of pesticides and specifically neonicotinoids. 8. Additional information regarding plant species, seed mixes, and pollinator habitat requirements can be provided upon request. The Service appreciates the opportunity to provide these comments. Please contact Mr. Byron Hamstead of our staff at byron_hamstead@fws.gov, if you have any questions. In any future correspondence concerning this project, please reference our Log Number 4-2-20-481. Sincerely, - - original signed - - Janet A. Mizzi Field Supervisor Kimley»>Horn December 16, 2020 Ms. Renee Gledhill -Earley Environmental Review Coordinator North Carolina State Historic Preservation Office 4617 Mail Service Center Raleigh, North Carolina 27699-4617 Re: North Avenue Apartments Kannapolis, Cabarrus County, North Carolina Dear Ms. Gledhill -Earley, Kimley-Horn is writing this letter on behalf of our client, Pedcor Investments, to request a review and comment on any possible issues that might emerge with respect to cultural resource issues associated with the proposed project in Kannapolis, North Carolina. The proposed project site is situated along North Avenue Extension between Concord Lake Road and Interstate 85 (Figures 1-3). The proposed project seeks to construct multi -family residences. We request that you review the site based on the attached information to determine the presence of any archeological, cultural, or historic resources. If a response has not been received within 30 days we will assume that you have reviewed the project area and that there are no issues to address at the present time. Thank you in advance for your timely response and cooperation. Please email (Taylor.Kiker@Kimley-Horn.com) a copy of your reply and/or send an original copy by mail. If you have any questions regarding this request, please feel free to contact me at (980) 296-0810. Sincerely, KIMLEY-HORN AND ASSOCIATES, INC. Taylor Kiker Environmental Scientist -.4e Rd Sunset Or Q O �%i Frsj U chip°fa St Sr 'P w p y y / Z EN �+e. E� O D dethpa9e Rd A cao;� m O'/d/ro Sr n e ��{, ➢ O f s°/ ci � Q T Surnm�rR w A 5 o Vd °�Kel D die �c9 oe St_ Uco °o Q v v Edtlleman Rd D% o ? Oia Fa 4 � H g p% D V !� m N - SANE a N - - R°x1e N-M. n Shn ppmg Center C i u �01tveRd r °d PI Nr A �a a 4411ran11ey Rd Rd "l Q Su\�a Rd G°F r NO o n y 9 x 4 4 f i vkyi GdE c erleal - FFnlfel] PI NE _ 3 F Rd°d Q� 3��_� � pr NE aY Rd NE Pb°A ® dt� e wi/4 br° CI NE Uc _ v * � 3 a p G a al.' r 6 rtla°n Hwy h °erne N ' F cb hryo° aO"w SNE 2 cp _ s s 0 Legend Kimley>>> Horn rq Project Boundary Cabarrus pax Trams C� q 7 A 0 Qa °4J o 5c\y m pia ol Feet ° 4,000 8,000 Figure 1 Vicinity Pedcor Investments North Avenue Apartments Site Cabarrus County, NC IT 7 • �• ✓ ��- • ••• •• 'V' � _! , F � 1;� •�. �- ,14 ice, j ti � �. -. raw • j Pen1`1 t "tea'• ..' ti ��. ,'�'�' j -_ - ' �r • t < Ol 1� Legend Feet r Project Boundary '�-- 0 1,000 2,000 Figure 2 USGS Topo (Concord) Kimley>>> Horn Pedcor Investments North Avenue Apartments Site Cabarrus County, NC Kimley»>Horn September 30, 2020 Asheville Field Office U.S. Fish and Wildlife Service 160 ZiIIicoa Street Asheville, North Carolina 28801 Re: Pedcor Investments, LLC — North Avenue Multifamily Project Cabarrus County, North Carolina Project Review Certification Letter Dear USFWS Asheville Field Office, On behalf of our client, Pedcor Investments, LLC, Kimley-Horn (KH) is submitting this letter requesting concurrence regarding the results of the pedestrian survey performed for the above -referenced project in accordance with the methodologies recommended by USFWS. The pedestrian surveys were conducted by KH staff, Chris Tinklenberg and Taylor Kiker, on September 20, 2020. Background Information The project area is situated between Concord Lake Road and Interstate 85 in Kannapolis, Cabarrus County, NC. The property is bound by residential development to the west, Concord Lake STEAM Academy to the north, Kannapolis Church of Christ and Sonny's Camp N Travel to the south, and an I- 85 Cabarrus County Rest Area along Interstate 85 to the east. The site is comprised of two residential developments, horse pastures, and undeveloped forest land. The forested areas have mature trees of Tulip Polar (Liriodendron tulipifera), Sweetgum (Liquidambar styraciflua), Cottonwood (Populus deltoides), Sycamore (Platanus occidentalis), and Eastern Redcedar (Juniperus virginiana). The maintained pastures on -site are vegetated with common weedy natives and non -natives including Dog Fennel (Eupatorium capillifolium), Goldenrod (Solidago sp.), Pennsylvania smartweed (Polygonum pensylvanicum), Curly dock (Rumex crispus), and Sawtooth Blackberry (Rubus argustus). Pedcor Investments intends to construct/develop a project on the subject property which may require future authorization from the US Army Corps of Engineers (USACE); therefore, Pedcor Investments contracted with KH to perform the pedestrian survey within areas of potentially suitable habitat on the subject property to identify and document occurrences of federally listed threatened and/or endangered species. Kimley»>Horn Methodology and Findings Page 2 As of July 30, 2020, the United States Fish and Wildlife Service (USFWS) lists three (3) federally protected species for Cabarrus County (Table 1). A brief description of each species' habitat requirements follows, along with the Biological Conclusion rendered based on survey results in the study area. Table 1: Federally arotected listed soecies for Gaston Countv Scientific Name Common Name Federal Status Habitat Present Biological Conclusion Myotis Northern Long- May affect, not likely septentrionalis eared Bat T Yes to adversely affect Lasmigona Carolina E No No effect decorate Heelsplitter Helianthus Schweinitz's E Yes No effect schweinitzii Sunflower *E = Endangered, T = Threatened Northern Long-eared Bat USFWS Recommended Survey Window: June 1—August 15 Habitat Description: In North Carolina, the Northern long-eared bat (NLEB) occurs in the mountains, with scattered records in the Piedmont and coastal plain. In western North Carolina, NLEB spend winter hibernating in caves and mines. Since this species is not known to be a long- distance migrant, and caves and subterranean mines are extremely rare in eastern North Carolina, it is uncertain whether or where NLEB hibernate in eastern North Carolina. During the summer, NLEB roost singly or in colonies underneath bark, in cavities, or in crevices of both live and dead trees (typically >_3 inches dbh). Males and non -reproductive females may also roost in cooler places, like caves and mines. This bat has also been found, rarely, roosting in structures like barns and sheds, under eaves of buildings, behind window shutters, in bridges, and in bat houses. Foraging occurs on forested hillsides and ridges, and occasionally over forest clearings, over water, and along tree -lined corridors. Mature forests may be an important habitat type for foraging. Biological Conclusion: May affect, not likely to adversely affect Potentially suitable summer roosting habitat for the NLEB may be present within forested areas in the project area. The Final 4(d) rule (effective as of February 16, 2016), exempts incidental take of NLEB 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 tree during the pup season (June 1 — July 31). Kimley-Horn conducted a review of the most current maps of confirmed/known hibernacula and maternity sites for the NLEB at http://www.fws.gov/asheville/htmis/project_review/NLEB_in_WNC.html. The action area for this project is located outside of the highlighted areas/red 12-digit HUCs. There will be no blasting, pile driving, or other percussive activities associated with the construction of the Kimley»>Horn Page 3 project; however, tree-cutting/removal will occur. Based on the review, the proposed activities in the action area occur at a location where any incidental take that may result from the associated activities is exempt under the Final 4(d) rule; therefore, the biological conclusion of "may affect, not likely to adversely affect" has been rendered for NLEB for this project. Carolina Heelsplitter USFWS Recommended Survey Window: year round Habitat Description: The Carolina heelsplitter was historically known from several locations within the Catawba and Pee Dee River systems in North Carolina and the Pee Dee and Savannah River systems, and possibly the Saluda River system in South Carolina. In North Carolina, the species is now known only from a handful of streams in the Pee Dee and Catawba River systems. The species exists in very low abundances, usually within 6 feet of shorelines, throughout its known range. The general habitat requirements for the Carolina heelsplitter are shaded areas in large rivers to small streams, often burrowed into clay banks between the root systems of trees, or in runs along steep banks with moderate current. The more recent habitat where the Carolina heelsplitter has been found is in sections of streams containing bedrock with perpendicular crevices filled with sand and gravel, and with wide riparian buffers. Biological Conclusion: No Effect Known populations for the Carolina heelsplitter in Cabarrus County occur only in the Goose Creek and Duck Creek Watersheds within the Yadkin Pee -Dee River Basin and the Sixmile Creek Watershed within the Lower Catawba River Basin. This project is within the Cold Water Creek Watershed within the Yadkin Pee -Dee River Basin; there are no known populations of the Carolina heelsplitter within this watershed. The on -site streams are degraded with poor supporting habitat conditions for mussels in general. No mussels, of any species, were observed during the habitat assessment. Therefore, no suitable habitat for Carolina heelsplitter is present within the study area. Additionally, according to the NCNHP data report, there are no known occurrences of the Carolina heelsplitter within a one -mile radius of the project limits. Schweinitz's Sunflower USFWS optimal survey window: late August -October Habitat Description: Schweinitz's sunflower is endemic to the Piedmont of North and South Carolina. The few sites where this rhizomatous perennial herb occurs in relatively natural vegetation are found in Xeric Hardpan Forests. The species is also found along roadside rights -of -way, maintained power lines and other utility rights -of -way, edges of thickets and old pastures, clearings and edges of upland oak -pine -hickory woods and Piedmont longleaf pine forests, and other sunny or semi -sunny habitats where disturbances (e.g., mowing, clearing, grazing, Kimley»>Horn Page 4 blowdowns, storms, frequent fire) help create open or partially open areas for sunlight. It is intolerant of full shade and excessive competition from other vegetation. Biological Conclusion: No effect Potentially suitable habitat for Schweinitz's sunflower is present on the subject property within the open pasture land that receives abundant sunshine and has minimal competition in the herbaceous layer. A review of the NCNHP records, updated July 20, 2020, indicates no known occurrences within 1.0 mile of the subject property. Pedestrian surveys were conducted by Kimley-Horn biologists throughout areas of potentially suitable habitat on September 24, 2020. No individuals of Schweinitz's sunflower were observed. Due to a lack of recorded occurrences and the absence of observed individuals on the subject property, the proposed project will have no effect on this species. Bald Eagle and Golden Eagle Protection Act USFWS optimal survey window: November through March Habitat Description: Habitat for the bald eagle primarily consists of mature forest in proximity to large bodies of open water for foraging. Large dominant trees are utilized for nesting sites, typically within 1.0 mile of open water. A desktop-GIS assessment of the project study area, as well as the area within a 1.13-mile radius (1.0 mile plus 660 feet) of the project limits, was performed on September 1, 2020, using 2019 color aerials. Bodies of water large enough or sufficiently open to be considered a potential feeding source were not identified. A review of the NCNHP database, updated on July 21, 2020, revealed no known occurrences within 1.0 mile of the study area. Due to the lack of known occurrences, and the lack of observed individuals or nests, it has been determined that the proposed project will not affect this species. Biological Conclusion: No Effect Kimley»>Horn Page 5 Statement of Qualifications: Investigator: Chris Tinklenberg, PWS Education: B.A. Geography, 2007; Certificate in Geographic Information Systems, 2007 Experience: Environmental Scientist, Kimley-Horn and Associates, Inc., 2007-Present; Identified and confirmed Schweinitz's sunflower community, York County, SC, October 2016; Performed numerous (40+) protected species habitat assessments and/or surveys for protected species on various public and private projects. Responsibilities: Natural communities assessments, threatened and endangered species habitat assessments and surveys, wetland and stream delineations, GPS, GIS, stream and wetland functional assessments, tree surveys Investigator: Taylor Kiker Education: B.S. Environmental Technology and Management, 2015; M.S. Earth Sciences — Hydrology, 2018 Experience: Environmental Analyst, Kimley-Horn and Associates, Inc. 2018-Present Responsibilities: Natural communities assessments, wetland and stream delineations, GPS, GIS, document preparation Please provide concurrence regarding the survey results and biological conclusions as well as any other possible issues that might emerge with respect to protected species as a result of the proposed project. Thank you in advance for your timely response and cooperation. Please email (Chris.Tinklenberg@Kimley-Horn.com) a copy of your reply to my attention and/or send an original copy by mail. Please feel free to contact me at (704) 409-1802 if you have any questions or if additional information is necessary. Sincerely, KIMLEY-HORN AND ASSOCIATES, INC. Chris Tinklenberg, PWS Environmental Scientist Attachments 9/22/2020 IPaC: Explore Location IPaC U.S. Fish & Wildlife Service IPaC resource list This report is an automatically generated list of species and other resources such as critical habitat (collectively referred to as trustresources) under the U.S. Fish and Wildlife Service's (USFWS) jurisdiction that are known or expected to be on or near the project area referenced below. The list may also include trust resources that occur outside of the project area, but that could potentially be directly or indirectly affected by activities in the project area. However, determining the likelihood and extent of effects a project may have on trust resources typically requires gathering additional site -specific (e.g., vegetation/species surveys) and project -specific (e.g., magnitude and timing of proposed activities) information. Below is a summary of the project information you provided and contact information for the USFWS office(s) with jurisdiction in the defined project area. Please read the introduction to each section that follows (Endangered Species, Migratory Birds, USFWS Facilities, and NWI Wetlands) for additional information applicable to the trust resources addressed in that section. Location !�6 Cabarrus County, North Carolina lop .0 Local office Asheville Ecological Services Field Office t. (828) 258-3939 18 (828) 258-5330 160 Zillicoa Street Asheville, NC 28801-1082 http://www.fws.gov/nc-es/es/countyfr.html https://ecos.fws.gov/ipac/locationNFWAUNNYOVC57NJ2T6LLIYRPAI/resources 1 /9 9/22/2020 IPaC: Explore Location Endangered species This resource list is for informational purposes only and does not constitute an analysis of project level impacts. The primary information used to generate this list is the known or expected range of each species. Additional areas of influence (AOI) for species are also considered. An AOI includes areas outside of the species range if the species could be indirectly affected by activities in that area (e.g., placing a dam upstream of a fish population, even if that fish does not occur at the dam site, may indirectly impact the species by reducing or eliminating water flow downstream). Because species can move, and site conditions can change, the species on this list are not guaranteed to be found on or near the project area. To fully determine any potential effects to species, additional site -specific and project -specific information is often required. Section 7 of the Endangered Species Act requires Federal agencies to "request of the Secretary information whether any species which is listed or proposed to be listed may be present in the area of such proposed action" for any project that is conducted, permitted, funded, or licensed by any Federal agency. A letter from the local office and a species list which fulfills this requirement can only be obtained by requesting an official species list from either the Regulatory Review section in IPaC (see directions below) or from the local field office directly. For project evaluations that require USFWS concurrence/review, please return to the IPaC website and request an official species list by doing the following: 1. Draw the project location and click CONTINUE. 2. Click DEFINE PROJECT. 3. Log in (if directed to do so). 4. Provide a name and description for your project. 5. Click REQUEST SPECIES LIST. Listed species and their critical habitats are managed by the Ecological Services Program of the U.S. Fish and Wildlife Service (USFWS) and the fisheries division of the National Oceanic and Atmospheric Administration (NOAA Fisheries ). Species and critical habitats under the sole responsibility of NOAA Fisheries are not shown on this list. Please contact NOAA Fisheries for species under their jurisdiction. 1. Species listed under the Endangered Species Act are threatened or endangered; IPaC also shows species that are candidates, or proposed, for listing. See the listing status page for more information. 2. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce. The following species are potentially affected by activities in this location: Mammals NAME STATUS https://ecos.fws.gov/ipac/locationNFWAUNNYOVC57NJ2T6LLIYRPAI/resources 2/9 IPaC: Explore Location Northern Long-eared Bat Myotis septentrionalis Threatened No critical habitat has been designated for this species. https.//ecos.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. https://ecos.fws.gov/ecp/species/3534 Flowering Plants NAME Schweinitz's Sunflower Helianthus schweinitzii No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/3849 STATUS Endangered Critical habitats 44WXC0\W' Potential effects to critical habitat(s) in this location must be analyzed along with the endangered species themselves. - e THERE ARE NO CRITICAL HABITATS AT THIS LOCATION. <eu Migratory birds Certain birds are protected under the Migratory Bird Treaty Act and the Bald and Golden Eagle Protection Act . Any person or organization who plans or conducts activities that may result in impacts to migratory birds, eagles, and their habitats should follow appropriate regulations and consider implementing appropriate conservation measures, as described below. 1. The Migratory Birds Treaty Act of 1918. 2. The Bald and Golden Eagle Protection Act of 1940. Additional information can be found using the following links: Birds of Conservation Concern 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/ https://ecos.fws.gov/ipac/locationNFWAUNNYOVC57NJ2T6LLIYRPAI/resources 3/9 IPaC: Explore Location conservation-measures. php Nationwide conservation measures for birds http://www.fws.gov/migratorybirds/pdf/management/nationwidestandardconservationmeasures.pdf 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. r NAME BRE-rbING SEASON (IFA ....................................................................... BREEDING SEASON IS INDICATED FOR A BIRD ON YOUR LIST, THE 0 BIRD MAY BREED IN YOUR PROJECT AREA SOMETIME WITHIN THE TIMEFRAME SPECIFIED, C) .......................................................................................... I? WHICH IS A VERY LIBERAL .................................................................................. ESTIMATE OF THE DATES INSIDE WHICH THE BIRD BREEDS 0 . ... .............................................................................. ACROSS ITS ENTIRE. RANGE. "BREEDS ELSEWHERE" INDICATES THAT THE BIRD DOES NOT LIKELY BREED IN YOUR PROJECT AREA.) Bald Eagle Haliaeetus leucocephalus Breeds Sep 1 to Jul 31 This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. httpL.//ecos.fws.gov/ecp/species/1626 Red-headed Woodpecker Melanerpes erythrocephalus Breeds May 10 to Sep 10 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Rusty Blackbird Euphagus carolinus Breeds elsewhere This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. https://ecos.fws.gov/ipac/locationNFWAUNNYOVC57NJ2T6LLIYRPAI/resources 4/9 IPaC: Explore Location Wood Thrush Hylocichla mustelina Breeds May 10 to Aug 31 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA 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 ( ) 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 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. To see a bar's probability of presence score, simply hover your mouse cursor over the bar. 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 ( ) 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. To see a bar's survey effort range, simply hover your mouse cursor over the bar. No Data ( ) A week is marked as having no data if there were no survey events for that week. https://ecos.fws.gov/ipac/locationNFWAUNNYOVC57NJ2T6LLIYRPAI/resources 5/9 IPaC: Explore Location 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. SPECIES Bald Eagle Non -BCC Vulnerable .................................................. (This is not a Bird of ....onser.............v....ati.t"i'o..n .................. C Concern (BCC) in this .................................. area, but warrants ............................................ attention because of the ..Eagle Act or for ............................................. potential ...................... susceptibilities in ....ffsho........ o.......................... ore areas from ................................................. certain types of ...................................... development or ............. .......................... activities.) Red-headed Woodpecker BCC Rangewide (CON) (This is a Bird ................................................ of Conservation ....................................... Concern (BCC) ....................... throughout its range ..................................... .i.n.the .....continental ................................... USA a.nd Alaska.) ........................................ probability of presence breeding season . survey effort — no data ]AN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Rusty Blackbird -4- +--- --'— BCC Rangewide (CON) (This is a Bird + -+ +JII I I I I I I I I III N__-_- +- �- --- --- - - - - - - - - A- -I-- ................................................ of Conservation ...................................... Concern (BCC) throughout its range .......... ........................................ in the.continental ......................................... USA and0 Alaska.) Wood Thrush All 111111111111 - - - - - - - - -.. _ ... , . BCC Rangewide (CON) 4This is a Bird ........................................... of Conservation oncern (BCC) .................................. _t.h...r..oug.hotb6its range int.h.................:............. .AC.o..t.ne.n.t.a.. .. USA and Alaska.) ......................................... 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. https://ecos.fws.gov/ipac/locationNFWAUNNY0VC57NJ2T6LLIYRPAI/resources 6/9 IPaC: Explore 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 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 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. https://ecos.fws.gov/ipac/locationNFWAUNNYOVC57NJ2T6LLIYRPAI/resources 7/9 IPaC: Explore Location 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. Facilities ! �J ^1(Z National Wildlife Refuge lands Any activity proposed on lands managed by the National Wildlife Refuge system must undergo a 'Compatibility Determination' conducted by the Refuge. Please contact the individual Refuges to discuss any questions or concerns. THERE ARE NO REFUGE LANDS AT THIS LOCATION. Fish hatcheries THERE ARE NO FISH HATCHERIES AT THIS LOCATION. Wetlands in the National Wetlands Inventory https://ecos.fws.gov/ipac/locationNFWAUNNYOVC57NJ2T6LLIYRPAI/resources 8/9 IPaC: Explore Location 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. THERE ARE NO KNOWN WETLANDS AT THIS LOCATION. Data limitations The Service's objective of mapping wetlands and deepwater habitats is to produce reconnaissance level information on the location, type and size of these resources. The maps are prepared from the analysis of high altitude imagery. Wetlands are identified based on vegetation, visible hydrology and geography. A margin of error is inherent in the use of imagery; thus, detailed on -the -ground inspection of any particular site may result in revision of the wetland boundaries or classification established through image analysis. The accuracy of image interpretation depends on the quality of the imagery, the experience of the image analysts the amount and quality of the collateral data and the amount of ground truth verification work conducted. Metadata should be consulted to determine the date of the source imagery used and any mapping problems. Wetlands or other mapped features may have changed since the date of the imagery or field work. There may be occasional differences in polygon boundaries or classifications between the information depicted on the map and the actual conditions on site. Data exclusions C�3v Certain wetland habitats are excluded from the National mapping program because of the limitations of aerial imagery as the primary data source used to detect wetlands. These habitats include seagrasses or submerged aquatic vegetation that are found in the intertidal and subtidal zones of estuaries and nearshore coastal waters. Some deepwater reef communities (coral or tuberficid worm reefs) have also been excluded from the inventory. These habitats, because of their depth, go undetected by aerial imagery. Data precautions I(J Federal, state, and local regulatory agencies with jurisdiction over wetlands may define and describe wetlands in a different manner than that used in this inventory. There is no attempt, in either the design or products of this inventory, to define the limits of proprietaryjurisdiction of any Federal, state, or local government or to establish the geographical scope of the regulatory programs of government agencies. Persons intending to engage in activities involving modifications within or adjacent to wetland areas should seek the advice of appropriate federal, state, or local agencies concerning specified agency regulatory programs and proprietary jurisdictions that may affect such activities. https://ecos.fws.gov/ipac/locationNFWAUNNYOVC57NJ2T6LLIYRPAI/resources 9/9 ■ ■■■ Roy Cooper. Governor 00 0 NC DEPARTMENT OF Susi Hamilton, Secretary ■■L■■ NATURAL AND CULTURAL RESOURCES IN won Walter Clark, Director, Land and Water Stewardship NCNHDE-12955 September 30, 2020 Taylor Kiker Kimley-Horn 200 South Tryon Street Charlotte, NC 28202 RE. Pedcor Kannapolis Dear Taylor Kiker. The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources for the project referenced above. Based on the project area mapped with your request, a query of the NCNHP database indicates that there are no records for rare species, important natural communities, natural areas, and/or conservation/managed areas within the proposed project boundary. Please note that although there may be no documentation of natural heritage elements within the project boundary, it does not imply or confirm their absence, the area may not have been surveyed. The results of this query should not be substituted for field surveys where suitable habitat exists. In the event that rare species are found within the project area, please contact the NCNHP so that we may update our records. 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 found within the project area or is 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: https://www.fws.gov/offices/Directory/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. 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 Federally -listed species are 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 rodnev.butlerWncdcr.aov or 919-707-8603. Sincerely, NC Natural Heritage Program DEPARTMENT OF NATURAL AND CULTURAL RESOVRCES 121 W. JONES STREET. RALEIGH. NC 27603 • 16S1 MAIL SERVICE CENTER, RALEIGH. NC 27699 & OFC g19.707.9120 • FAX 919.707.9121 Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One -mile Radius of the Project Area Pedcor Kannapolis September 30, 2020 NCNHDE-12955 Element Occurrences Documented Within a One -mile Radius of the Project Area Taxonomic EO ID Scientific Name Common Name Last Element Accuracy Federal State Global State Group servation Occurrence Status tatus Rank Rank i Date Rank Vascular Plant 21130 Acmispon helleri Carolina Birdfoot- 1998-06-10 X? 2-High --- Special G5T3 S3 trefoil Concern Vulnerable No Natural Areas are Documented Within a One -mile Radius of the Project Area No Managed Areas are Documented Within a One -mile Radius of the Project Area Definitions and an explanation of status designations and codes can be found at httr)s://ncnhde.natureserve.ora/heir). Data query generated on September 30, 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 3 NCNHDE-12955: Pedcor Kannapolis Etldleman Rd y na GI y opa7N CaS^ f.! Rio jo ~ tiumr�'.r St Rhode Island SI Ho a,d St �l O/%q oow\ .Axle Dr 81 1 c Marigoad [:\ _ __-. my \\9 Nned �p 3 w N sou jeJ cly�s'h Ro �� y`n l2\\Y Dr �cl O od 9" 7791f a'�Crett C G° Nt� 4 �.. � 736 It l r?� J-H'W a � aw� n o ,enr'euee St F'Aet In \`4.peo (i 4 \l7 .a Texar: sl ,� v r Normrp Cv !� 3 �6 Oy 3r tlt�2�c\St 01 01 hlichi9an Si 2 ShoPPmB u>Z ,nWand CI PS�F 1 1 0 Y"'hcky P\ �'hestet W O` 1 Royal Oaks Vu9'n� 6t _ . Normuta - --- �` Gmenvto 0 l a51 rum '. OF scen�9' r " orhOt 9 \y2Y d 61 P 1 Hahn sl � n51 2y y - NE 06p\ °`r'`'. elk vC l � Cam �` `s •� 01 I.na a , i °N 2� ti 9 5l Ht9 fD A kWmo—I P 1 n Perk Q r esJ O .� z l _ ae a�' nldud9e Farm R l 3 r�Wa 1 Cooks Crossing n 9 o 3 C N �+erkal Pkwl' - Copperfietl Ccnlre 6011 w o tp\ N _ n E - Rr�—�iE 0radk� Qarkv.acd pr NW % September 30, 2020 Project Boundary Buffered Project Boundary 1:22,568 0 0.175 0.35 0.7 mi 0 0.3 0.6 1.2 km Sources: Esri, HERE, Garmin, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri China (Hong Kong), (c) OpenStreetMap contributors, and the GIS User Community Page 3 of 3 dpa° Nei\ a7 oQ G o � N )el J 5r det�`e Pcadia0 Q a` i Enochville a ;t v OP—'n Dare a\ena \o�c o c ' Ems' G Sa�oa t YJ a a sland St m Ho sta 4tery 9 (�, y'm Iland o. �p Kannapolis W°acd vA\aR �yS� r`By D o. a aycteE\ n tes d m o y F` P V NIpO a r. 016 oh d 7 7 ✓✓ r O u, O �� d \ekR ee 3 0CrestO �Co d p�a oun o - . 0 5\ Mu1hsP a t D S t dr+ ON e �� - Q p A h w - --- - It"� h St o a a' ton University Dr Role St NE _- __ =_,7��i) Norlhlilr � Oc J M lchigan Sl 51e PPing S� Z lconcord C- - rRd Kentucky St rage Qi q0 o hNY� r NormiiF 5 10 Mlle$ omaSt 3 Grove St 'le .2 her eft y O y m s P\a St o dau m a \NE SRd e` n dQ l g Hah a' o Nu'\\' eo ID, r t o O°of N Uletler 9t ,yQ- i ,a`I hoP�`� n jakGaaY Ct �`a FolesrC� IS p m 1p e ask Caml h\ao St t:ki.nrai P �'� tv Fa ? m N`g �ayy Park Qa m n n Ct NE a , Aldridge Farm Rd a` a0 4�ea\p\t DoncaS\\e' � o c Cooks O Go4 Crossing E 'et ' i Crokerleat pkWYN CoPR'dialJ C czmr A� � QvNE f �lNo ' .. grew Pe°h O o NE of Wu� o \dmo �i"5portor loa qn E Go _ .. NW oaF o B Go V rrr/p 9t adl Y �d Legend Parkwood01N\N �ol- - Or^'F rye F do ?� � coy,. I,—rlru Woodbr ni br.,.= Feet Q Project Boundary w dG\NW nk°r� G wN\dNa O �, P 0 2,000 4,000 Walnut St 31 \. ..Ot N� .Patµ Dra ,NF' Zm m 9o.N�illiam Kimley>>> Horn Figure 1 Vicinity Map Pedcor Investments North Avenue Apartments Site Cabarrus County, NC lilt to \`• •�' - �% ,� _:,, � L'r% ',^10 00 ....� Skit re 3 S nOP 1 COS Legend Feet Project \� 1. ~ • � Pro� Boundary � � � �� 0 1,000 2,000 Figure 2 USGS Topo (Concord) Map Kimley>>> Horn Pedcor Investments North Avenue Apartments Site Cabarrus County, NC 4r \ 1 • � M �b R ° 1►' �'' Y4s a`1\i ii, i �'r A,l 1 y'�A i - i ;,, '' Y � '' rpip• 4• -�.MtlLw w {•` :.,+w ri. C i A Legend At Project Boundary Potential T/E Habitat Schweinitz's Sunflower, r 4 Photo Locations �- r �� �.. � - 0 250 500 Figure 3 Potential Species Habitat: Kimley>>> Horn Schweinitz's Sunflower Pedcor Investments North Avenue Apartments Site Cabarrus County, NC l 1t" lV 10.yG 1 Photo 1 — Open pasture land Photo 2 — Open pasture land and cleared area for access vehicles Photo Pages Pedcor Investments, LLC — Prepared By Project North Avenue Multifamily Project Cabamxs County, North Carolina Date Project Number Kimlep Horn 9/29/2020 017046010 rnoto rage z. 3 s ar _.: yFT ;� .> f X'�&� � V�A#,� r�r-•yi E+ 4 �.' .' r,.Mo 'L' .,� { � �Y { �" � nk `''P ' � Photo 3 — Open pasture land and forested area f 1 5 V - y$ �, � I � �.� �x ,Yf'S ._„ix � 'c f �� � �"� y-E 'y ��'�" Id'�..c 4 i 3�-�,✓3.'f yY 4t'"� ,tea �� Sal G•: �'ct yt �'�� $ y"'t'1 W gk. y5 Photo 4 — Open pasture land and forested area Photo Pages Pedcor Investments, LLC — Prepared By Project North Avenue Multifamily Project Cabamxs County, North Carolina Kimley>» Horn Date Project Number 9/29/2020 017046010 COMPENSATORY MITIGATION user manual version L. I INSTRUCTIONS: Attach a sketch of the assessment area and photographs. Attach a copy of the USGS 7.5-minute topographic quadrangle, and circle the location of the stream reach under evaluation. If multiple stream reaches will be evaluated on the same property, identify and number all reaches on the attached map, and include a separate form for each reach. See the NC SAM User Manual for detailed descriptions and explanations of requested information. Record in the "Notes/Sketch" section if any supplementary measurements were performed. See the NC SAM User Manual for examples of additional measurements that may be relevant. NOTE EVIDENCE OF STRESSORS AFFECTING THE ASSESSMENT AREA (do not need to be within the assessment area). PROJECT / SITE INFORMATION: 1. Project name (if any): Emerson Apartment Homes 2. Date of evaluation: 2/26/2020 3. Applicant/owner name: Pedcor Investments 4. Assessor name/organization: Addie Lasitter / Kimley Horn 5. County: Cabarrus 6. Nearest named water body 7. River Basin: Yadkin Pee Dee on USGS 7.5-minute quad: Cold Water Creek 8. Site coordinates (decimal degrees, at lower end of assessment reach): 35.457564,-80.595439 STREAM INFORMATION: (depth and width can be approximations) 9. Site number (show on attached map): S2 10. Length of assessment reach evaluated (feet): -25 If 11. Channel depth from bed (in riffle, if present) to top of bank (feet): 3 r Unable to assess channel depth. 12. Channel width at top of bank (feet): 8 13. Is assessment reach a swamp stream? [_Yes n No 14. Feature type: f-, Perennial flow [:, Intermittent flow r,Tidal Marsh Stream STREAM RATING INFORMATION: 15. NC SAM Zone: r" Mountains (M) [:, Piedmont (P) 16. Estimated geomorphic l J valley shape (skip for ria Tidal Marsh Stream): (more sinuous stream, flatter valley slope) 17. Watershed size: (skip M Size 1 (< 0.1 mi') rSize 2 (0.1 to < 0.5 mil) for Tidal Marsh Stream) Inner Coastal Plain (1) [ Outer Coastal Plain (0) �' b (less sinuous stream, steeper valley slope) Size 3 (0.5 to < 5 mi') r'�' Size 4 (>_ 5 miz) ADDITIONAL INFORMATION: 18. Were regulatory considerations evaluated? r7jYes r, No If Yes, check all that appy to the assessment area. r Section 10 water r Classified Trout Waters r Water Supply Watershed ( r. I r. II r j III r'. IV r'. V) Essential Fish Habitat r Primary Nursery Area 17- High Quality Waters/Outstanding Resource Waters r Publicly owned property r NCDWR riparian buffer rule in effect r Nutrient Sensitive Waters r Anadromous fish r 303(d) List r CAMA Area of Environmental Concern (AEC) r Documented presence of a federal and/or state listed protected species within the assessment area. List species: r" Designated Critical Habitat (list species): 19. Are additional stream information/supplementary measurements included in "Notes/Sketch" section or attached? Yes r No 1. Channel Water - assessment reach metric (skip for Size 1 streams and Tidal Marsh Streams) k "A Water throughout assessment reach. B No flow, water in pools only. �C No water in assessment reach. 2. Evidence of Flow Restriction - assessment reach metric �A At least 10 % of assessment reach in -stream habitat or riffle -pool sequence is adversely affected by a flow restriction or fill to the point of obstructing flow or a channel choked with aquatic macrophytes or ponded water or impounded on flood or ebb within the assessment reach (examples: undersized or perched culverts, causeways that constrict the channel, tidal gates). 'B Not 3. Feature Pattern - assessment reach metric r'A A majority of the assessment reach has altered pattern (examples: straightening, modification above or below culvert). r B Not A. 4. Feature Longitudinal Profile - assessment reach metric 7:3A Majority of assessment reach has a substantially altered stream profile (examples: channel down -cutting, existing damming, over widening, active aggradation, dredging, and excavation where appropriate channel profile has not reformed from any of these disturbances). EV,B Not 5. Signs of Active Instability- assessment reach metric Consider only current instability, not past events from which the stream has currently recovered. Examples of instability include active bank failure, active channel down -cutting (head -cut), active widening, and artificial hardening (such as concrete, gabion, rip -rap). r7A < 10 % of channel unstable B 10 to 25 % of channel unstable �?C > 25 % of channel unstable 6. Streamside Area Interaction -streams ide area metric Consider for the Left Bank (LB) and the Right Bank (RB). LB RB r-,A C-jA Little or no evidence of conditions that adversely affect reference interaction B B Moderate evidence of conditions (examples: berms, levees, down -cutting, aggradation, dredging) that adversely affect reference interaction (examples: limited streamside area access, disruption of flood flows through streamside area, leaky or intermittent bulkheads, causeways with floodplain constriction, minor ditching [including mosquito ditching]) �C C Extensive evidence of conditions that adversely affect reference interaction (little to no floodplain/intertidal zone access [examples: causeways with floodplain and channel constriction, bulkheads, retaining walls, fill, stream incision, disruption of flood flows through streamside area] or too much floodplain/intertidal zone access [examples: impoundments, intensive mosquito ditching]) or floodplain/intertidal zone unnaturally absent or assessment reach is a man-made feature on an interstream divide 7. Water Quality Stressors - assessment reach/intertidal zone metric Check all that apply. A Discolored water in stream or intertidal zone (milky white, blue, unnatural water discoloration, oil sheen, stream foam) B Excessive sedimentation (burying of stream features or intertidal zone) Noticeable evidence of pollutant discharges entering the assessment reach and causing a water quality problem Odor (not including natural sulfide odors) Current published or collected data indicating degraded water quality in the assessment reach. Cite source in the "Notes/Sketch" section. F Livestock with access to stream or intertidal zone Excessive algae in stream or intertidal zone Degraded marsh vegetation in the intertidal zone (removal, burning, regular mowing, destruction, etc.) Other: (explain in "Notes/Sketch" section) Little to no stressors 8. Recent Weather —watershed metric For Size 1 or 2 streams, D1 drought or higher is considered a drought, for Size 3 or 4 streams, D2 drought or higher is considered a drought. A Drought conditions and no rainfall or rainfall not exceeding 1 inch within the last 48 hours B Drought conditions and rainfall exceeding 1 inch within the last 48 hours C No drought conditions 9 Large or Dangerous Stream — assessment reach metric Yes F.' No Is stream is too large or dangerous to assess? If Yes, skip to Metric 13 (Streamside Area Ground Surface Condition). 10. Natural In -stream Habitat Types —assessment reach metric 10a. ;Yes F. No Degraded in -stream habitat over majority of the assessment reach (examples of stressors include excessive sedimentation, mining, excavation, in -stream hardening [for example, rip -rap], recent dredging, and snagging) (evaluate for size 4 Coastal Plain streams only, then skip to Metric 12) 10b. Check all that occur (occurs if > 5 % coverage of assessment reach) (skip for Size 4 Coastal Plain streams) r A Multiple aquatic macrophytes and aquatic mosses o W r F 5 % oysters or other natural hard bottoms (include liverworts, lichens, and algal mats) F_ m r G Submerged aquatic vegetation F B Multiple sticks and/or leaf packs and/or emergent o . r H Low -tide refugia (pools) vegetation r o r l Sand bottom F_ C Multiple snags and logs (including lap trees) L r J 5 % vertical bank along the marsh F D 5 % undercut banks and/or root mats and/or roots O r K Little or no habitat in banks extend to the normal wetted perimeter F E Little or no habitat * ************************REMAINING QUESTIONS ARE NOT APPLICABLE FOR TIDAL MARSH STREAMS**************** --- 11. Bedform and Substrate —assessment reach metric (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams) 11 a. ;Yes r.-, No Is assessment reach in a natural sand -bed stream? (skip for Coastal Plain streams) 11 b. Bedform evaluated. Check the appropriate box(es). F A Riffle -run section (evaluate 11 c) F B Pool -glide section (evaluate 11 d) r C Natural bedform absent (skip to Metric 12, Aquatic Life) 11 c. In riffles sections, check all that occur below the normal wetted perimeter of the assessment reach — whether or not submerged. Check at least one box in each row (skip for Size 4 Coastal Plain Streams and Tidal Marsh Streams). Not Present (NP) _ absent, Rare (R) = present but < 10%, Common (C) _ > 10-40%, Abundant (A) _ > 40-70%, Predominant (P) _ > 70%. Cumulative percentages should not exceed 100 % for each assessment reach. NP R C A P FJ Bedrock/sa pro lite ZJ Boulder (256 — 4096 mm) 17, Cobble (64 — 256 mm) r; K7, Gravel (2 — 64 mm) r; K7, Sand (.062 — 2 mm) r' K7, Silt/clay (< 0.062 mm) r; K7, Detritus r, r Artificial (rip -rap, concrete, etc.) 11 d. ;Yes No Are pools filled with sediment? (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams) 12. Aquatic Life — assessment reach metric (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams) 12a. FYes r, No Was an in -stream aquatic life assessment performed as described in the User Manual? If No, select one of the following reasons and skip to Metric 13. r-, No Water Other: 12b. ;Yes F. No Are aquatic organisms present in the assessment reach (look in riffles, pools, then snags)? If Yes, check all that apply. If No, skip to Metric 13. 1 >1 Numbers over columns refer to "individuals" for size 1 and 2 streams and "taxa" for size 3 and 4 streams. F_ r Adult frogs F r Aquatic reptiles r r Aquatic macrophytes and aquatic mosses (include liverworts, lichens, and algal mats) F_ Beetles (including water pennies) F r Caddisfly larvae (Trichoptera [T]) F r Asian clam (Corbicula ) F_ r Crustacean (isopod/amphipod/crayfish/shrimp) F r Damselfly and dragonfly larvae F r Dipterans (true flies) F_ r Mayfly larvae (Ephemeroptera [E]) F r Megaloptera (alderfly, fishily, dobsonfly larvae) F_ r Midges/mosquito larvae F r Mosquito fish (Gambusia) or mud minnows (Umbra pygmaea) F r Mussels/Clams (not Corbicula) r r Other fish F r Salamanders/tadpoles F r Snails r r Stonefly larvae (Plecoptera [P]) F r Tipulid larvae r Worms/leeches 13. Streamside Area Ground Surface Condition - streamside area metric (skip for Tidal Marsh Streams and B valley types) Consider for the Left Bank (LB) and the Right Bank (RB). Consider storage capacity with regard to both overbank flow and upland runoff. LB RB P, A A Little or no alteration to water storage capacity over a majority of the streamside area B B Moderate alteration to water storage capacity over a majority of the streamside area 'C g'; C Severe alteration to water storage capacity over a majority of the streamside area (examples include: ditches, fill, soil, compaction, livestock disturbance, buildings, man-made levees, drainage pipes) 14. Streamside Area Water Storage - streamside area metric (skip for Size 1 streams, Tidal Marsh Streams, and B valley types) Consider for the Left Bank (LB) and the Right Bank (RB) of the streamside area. LB RB 'A A Majority of streamside area with depressions able to pond water_ 6 inches deep B B Majority of streamside area with depressions able to pond water 3 to 6 inches deep �C C Majority of streamside area with depressions able to pond water < 3 inches deep 15. Wetland Presence - streamside area metric (skip for Tidal Marsh Streams) Consider for the Left Bank (LB) and the Right Bank (RB). Do not consider wetlands outside of the streamside area or within the normal wetted perimeter of assessment reach. LB RB r,Y Z-jY Are wetlands present in the streamside area? MN �'N 16. Baseflow Contributors -assessment reach metric (skip for size 4 streams and Tidal Marsh Streams) Check all contributors within the assessment reach or within view of and draining to the assessment reach. A Streams and/or springs (jurisdictional discharges) B Ponds (include wet detention basins, do not include sediment basins or dry detention basins) C Obstruction that passes some flow during low -flow periods within assessment area (beaver dam, bottom -release dam) D Evidence of bank seepage or sweating (iron oxidizing bacteria in water indicates seepage) E Stream bed or bank soil reduced (dig through deposited sediment if present) F None of the above 17. Baseflow Detractors - assessment area metric (skip for Tidal Marsh Streams) Check all that apply. r A Evidence of substantial water withdrawals from the assessment reach (includes areas excavated for pump installation) r B Obstruction not passing flow during low flow periods affecting the assessment reach (ex: watertight dam, sediment deposit) r C Urban stream (>_ 24 % impervious surface for watershed) r D Evidence that the stream -side area has been modified resulting in accelerated drainage into the assessment reach r E Assessment reach relocated to valley edge F-1 F None of the above 18. Shading - assessment reach metric (skip for Tidal Marsh Streams) Consider aspect. Consider "leaf -on" condition. F,A Stream shading is appropriate for stream category (may include gaps associated with natural processes) B Degraded (example: scattered trees) �C Stream shading is gone or largely absent 19. Buffer Width - streamside area metric (skip for Tidal Marsh Streams) Consider "vegetated buffer" and "wooded buffer" separately for left bank (LB) and right bank (RB) starting at the top of bank out to the first break Vegetated Wooded LB RB LB RB A ; A ; A r-7 A >- 100-feet wide or extends to the edge of the watershed B ; B B r, B From 50 to < 100-feet wide C C C L7 C From 30 to < 50-feet wide D D D L7 D From 10 to < 30-feet wide E E E L7 E < 10-feet wide or no trees 20. Buffer Structure - streamside area metric (skip for Tidal Marsh Streams) Consider for left bank (LB) and right bank (RB) for Metric 19 ("Vegetated" Buffer Width). LB RB A A Mature forest B B Non -mature woody vegetation or modified vegetation structure C C Herbaceous vegetation with or without a strip of trees < 10 feetwide Maintained shrubs E E Little or no vegetation 21. Buffer Stressors - streamside area metric (skip for Tidal Marsh Streams) Check all appropriate boxes for left bank (LB) and right bank (RB). Indicate if listed stressor abuts stream (Abuts), does not abut but is within 30 feet of stream (< 30 feet), or is between 30 to 50 feet of stream (30-50 feet). If none of the following stressors occurs on either bank, check here and skip to Metric 22: r Abuts < 30 feet 30-50 feet LB RB LB RB LB RB �A A E-,A rlA [:A MA �B B B EB B B �C C C EC C C �D D D ED D D Row crops Maintained turf Pasture (no livestock)/commercial horticulture Pasture (active livestock use) 22. Stem Density- streamside area metric (skip for Tidal Marsh Streams) Consider for left bank (LB) and right bank (RB) for Metric 19 ("Wooded" Buffer Width). LB RB A E ;'A Medium to high stem density B B Low stem density C C No wooded riparian buffer or predominantly herbaceous species or bare ground 23. Continuity of Vegetated Buffer- streamside area metric (skip for Tidal Marsh Streams) Consider whether vegetated buffer is continuous along stream (parallel). Breaks are areas lacking vegetation > 10-feet wide. LB RB �A A The total length of buffer breaks is < 25 percent. B B The total length of buffer breaks is between 25 and 50 percent. �C C The total length of buffer breaks is > 50 percent. 24. Vegetative Composition —First 100 feet of streamside area metric (skip for Tidal Marsh Streams) Evaluate the dominant vegetation within 100 feet of each bank or to the edge of the watershed (whichever comes first) as it contributes to assessment reach habitat. LB RB A A Vegetation is close to undisturbed in species present and their proportions. Lower strata composed of native species, with non-native invasive species absent or sparse. B B Vegetation indicates disturbance in terms of species diversity or proportions, but is still largely composed of native species. This may include communities of weedy native species that develop after clear -cutting or clearing or communities with non-native invasive species present, but not dominant, over a large portion of the expected strata or communities missing understory but retaining canopy trees. �C C Vegetation is severely disturbed in terms of species diversity or proportions. Mature canopy is absent or communities with non-native invasive species dominant over a large portion of expected strata or communities composed of planted stands of non -characteristic species or communities inappropriately composed of a single species or no vegetation. 25. Conductivity— assessment reach metric (skip for all Coastal Plain streams) 25a. rYes F,No Was a conductivity measurement recorded? If No, select one of the following reasons. r-, No Water r] Other: 25b. Check the box corresponding to the conductivity measurement (units of microsiemens per centimeter). MA <46 r B 46 to < 67 r7 C 67 to < 79 r7 D 79 to < 230 r7 E > 230 NC SAM Stream Rating Sheet Accompanies User Manual Version 2.1 Stream Site Name Emerson Apartment Homes Stream Category Pb1 Notes of Field Assessment Form (Y/N) Presence of regulatory considerations (Y/N) Additional stream information/supplementary measurements included (Y/N) NC SAM feature type (perennial, intermittent, Tidal Marsh Stream) Function Class Rating Summary Date of Evaluation 2/26/2020 Assessor Name/Organization 4ddie Lasitter / Kimley Horr NO YES NO Intermittent USACE/ NCDWR All Streams Intermittent (1) Hydrology (2) Baseflow (2) Flood Flow (3) Streamside Area Attenuation (4) Floodplain Access (4) Wooded Riparian Buffer (4) Microtopography (3) Stream Stability (4) Channel Stability (4) Sediment Transport (4) Stream Geomorphology (2) Stream/Intertidal Zone Interaction (2) Longitudinal Tidal Flow (2) Tidal Marsh Stream Stability (3) Tidal Marsh Channel Stability (3) Tidal Marsh Stream Geomorphology MEDIUM HIGH MEDIUM MEDIUM MEDIUM HIGH NA MEDIUM MEDIUM LOW HIGH NA NA NA NA NA MEDIUM HIGH MEDIUM MEDIUM MEDIUM HIGH NA MEDIUM MEDIUM LOW HIGH NA NA NA NA NA (1) Water Quality (2) Baseflow (2) Streamside Area Vegetation (3) Upland Pollutant Filtration (3) Thermo regulation (2) Indicators of Stressors (2) Aquatic Life Tolerance (2) Intertidal Zone Filtration HIGH HIGH MEDIUM LOW HIGH NO HIGH NA HIGH HIGH MEDIUM LOW HIGH NO NA NA (1) Habitat (2) In -stream Habitat (3) Baseflow (3) Substrate (3) Stream Stability (3) In -stream Habitat (2) Stream -side Habitat (3) Stream -side Habitat (3) Thermo regulation (2) Tidal Marsh In -stream Habitat (3) Flow Restriction (3) Tidal Marsh Stream Stability (4) Tidal Marsh Channel Stability (4) Tidal Marsh Stream Geomorphology (3) Tidal Marsh In -stream Habitat (2) Intertidal Zone Habitat MEDIUM LOW HIGH LOW MEDIUM LOW HIGH HIGH HIGH NA NA NA NA NA NA NA MEDIUM LOW HIGH LOW MEDIUM LOW HIGH HIGH HIGH NA NA NA NA NA NA NA Overall MEDIUM MEDIUM user manual version L. I INSTRUCTIONS: Attach a sketch of the assessment area and photographs. Attach a copy of the USGS 7.5-minute topographic quadrangle, and circle the location of the stream reach under evaluation. If multiple stream reaches will be evaluated on the same property, identify and number all reaches on the attached map, and include a separate form for each reach. See the NC SAM User Manual for detailed descriptions and explanations of requested information. Record in the "Notes/Sketch" section if any supplementary measurements were performed. See the NC SAM User Manual for examples of additional measurements that may be relevant. NOTE EVIDENCE OF STRESSORS AFFECTING THE ASSESSMENT AREA (do not need to be within the assessment area). PROJECT / SITE INFORMATION: 1. Project name (if any): Emerson Apartment Homes 2. Date of evaluation: 2/26/2020 3. Applicant/owner name: Pedcor Investments 4. Assessor name/organization: Addie Lasitter / Kimley Horn 5. County: Cabarrus 6. Nearest named water body 7. River Basin: Yadkin Pee Dee on USGS 7.5-minute quad: Cold Water Creek 8. Site coordinates (decimal degrees, at lower end of assessment reach): 35.457407,-80.596245 STREAM INFORMATION: (depth and width can be approximations) 9. Site number (show on attached map): S4 10. Length of assessment reach evaluated (feet): -25 If 11. Channel depth from bed (in riffle, if present) to top of bank (feet): 2 r Unable to assess channel depth. 12. Channel width at top of bank (feet): 6 13. Is assessment reach a swamp stream? [_Yes n No 14. Feature type: f-, Perennial flow [:, Intermittent flow r,Tidal Marsh Stream STREAM RATING INFORMATION: 15. NC SAM Zone: r" Mountains (M) [:, Piedmont (P) 16. Estimated geomorphic l J valley shape (skip for ria Tidal Marsh Stream): (more sinuous stream, flatter valley slope) 17. Watershed size: (skip M Size 1 (< 0.1 mi') rSize 2 (0.1 to < 0.5 mil) for Tidal Marsh Stream) Inner Coastal Plain (1) [ Outer Coastal Plain (0) �' b \_� (less sinuous stream, steeper valley slope) Size 3 (0.5 to < 5 mi') r'�' Size 4 (>_ 5 miz) ADDITIONAL INFORMATION: 18. Were regulatory considerations evaluated? r-j Yes [", No If Yes, check all that appy to the assessment area. r Section 10 water r Classified Trout Waters r Water Supply Watershed ( r. I r. II r j III r'. IV r'. V) r Essential Fish Habitat r Primary Nursery Area r High Quality Waters/Outstanding Resource Waters r Publicly owned property F NCDWR riparian buffer rule in effect r Nutrient Sensitive Waters r Anadromous fish r 303(d) List r CAMA Area of Environmental Concern (AEC) r Documented presence of a federal and/or state listed protected species within the assessment area. List species: r Designated Critical Habitat (list species): 19. Are additional stream information/supplementary measurements included in "Notes/Sketch" section or attached? Yes r No 1. Channel Water - assessment reach metric (skip for Size 1 streams and Tidal Marsh Streams) k �A Water throughout assessment reach. B No flow, water in pools only. �C No water in assessment reach. 2. Evidence of Flow Restriction - assessment reach metric �A At least 10 % of assessment reach in -stream habitat or riffle -pool sequence is adversely affected by a flow restriction or fill to the point of obstructing flow or a channel choked with aquatic macrophytes or ponded water or impounded on flood or ebb within the assessment reach (examples: undersized or perched culverts, causeways that constrict the channel, tidal gates). 'B Not 3. Feature Pattern - assessment reach metric r'A A majority of the assessment reach has altered pattern (examples: straightening, modification above or below culvert). r B Not A. 4. Feature Longitudinal Profile - assessment reach metric 7:3A Majority of assessment reach has a substantially altered stream profile (examples: channel down -cutting, existing damming, over widening, active aggradation, dredging, and excavation where appropriate channel profile has not reformed from any of these disturbances). EV,B Not 5. Signs of Active Instability- assessment reach metric Consider only current instability, not past events from which the stream has currently recovered. Examples of instability include active bank failure, active channel down -cutting (head -cut), active widening, and artificial hardening (such as concrete, gabion, rip -rap). r7A < 10 % of channel unstable B 10 to 25 % of channel unstable �?C > 25 % of channel unstable 6. Streamside Area Interaction -streams ide area metric Consider for the Left Bank (LB) and the Right Bank (RB). LB RB r-,A C-jA Little or no evidence of conditions that adversely affect reference interaction B B Moderate evidence of conditions (examples: berms, levees, down -cutting, aggradation, dredging) that adversely affect reference interaction (examples: limited streamside area access, disruption of flood flows through streamside area, leaky or intermittent bulkheads, causeways with floodplain constriction, minor ditching [including mosquito ditching]) �C C Extensive evidence of conditions that adversely affect reference interaction (little to no floodplain/intertidal zone access [examples: causeways with floodplain and channel constriction, bulkheads, retaining walls, fill, stream incision, disruption of flood flows through streamside area] or too much floodplain/intertidal zone access [examples: impoundments, intensive mosquito ditching]) or floodplain/intertidal zone unnaturally absent or assessment reach is a man-made feature on an interstream divide 7. Water Quality Stressors - assessment reach/intertidal zone metric Check all that apply. A Discolored water in stream or intertidal zone (milky white, blue, unnatural water discoloration, oil sheen, stream foam) B Excessive sedimentation (burying of stream features or intertidal zone) F C Noticeable evidence of pollutant discharges entering the assessment reach and causing a water quality problem F_ D Odor (not including natural sulfide odors) F E Current published or collected data indicating degraded water quality in the assessment reach. Cite source in the "Notes/Sketch" section. F- F Livestock with access to stream or intertidal zone r G Excessive algae in stream or intertidal zone F H Degraded marsh vegetation in the intertidal zone (removal, burning, regular mowing, destruction, etc.) F- I Other: (explain in "Notes/Sketch" section) F, J Little to no stressors Recent Weather -watershed metric For Size 1 or 2 streams, D1 drought or higher is considered a drought, for Size 3 or 4 streams, D2 drought or higher is considered a drought. (" A Drought conditions and no rainfall or rainfall not exceeding 1 inch within the last 48 hours (- B Drought conditions and rainfall exceeding 1 inch within the last 48 hours C C No drought conditions 9 Large or Dangerous Stream - assessment reach metric Yes ro No Is stream is too large or dangerous to assess? If Yes, skip to Metric 13 (Streamside Area Ground Surface Condition). 10. Natural In -stream Habitat Types - assessment reach metric 1oa. r Yes F. No Degraded in -stream habitat over majority of the assessment reach (examples of stressors include excessive sedimentation, mining, excavation, in -stream hardening [for example, rip -rap], recent dredging, and snagging) (evaluate for size 4 Coastal Plain streams only, then skip to Metric 12) 10b. Check all that occur (occurs if > 5 % coverage of assessment reach) (skip for Size 4 Coastal Plain streams) F A Multiple aquatic macrophytes and aquatic mosses o W r F 5 % oysters or other natural hard bottoms (include liverworts, lichens, and algal mats) F_ m r G Submerged aquatic vegetation r B Multiple sticks and/or leaf packs and/or emergent o . r H Low -tide refugia (pools) vegetation Y r o r l Sand bottom F- C Multiple snags and logs (including lap trees) L r J 5 % vertical bank along the marsh F D 5°✓ undercut banks and/or root mats and/or roots O r K Little or no habitat in banks extend to the normal wetted perimeter F, E Little or no habitat "*""""**********---REMAINING QUESTIONS ARE NOT APPLICABLE FOR TIDAL MARSH STREAMS**************--- --- 11. Bedform and Substrate -assessment reach metric (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams) 11 a. (" Yes r.-, No Is assessment reach in a natural sand -bed stream? (skip for Coastal Plain streams) 11 b. Bedform evaluated. Check the appropriate box(es). r A Riffle -run section (evaluate 11 c) f- B Pool -glide section (evaluate 11 d) r C Natural bedform absent (skip to Metric 12, Aquatic Life) 11 C. In riffles sections, check all that occur below the normal wetted perimeter of the assessment reach - whether or not submerged. Check at least one box in each row (skip for Size 4 Coastal Plain Streams and Tidal Marsh Streams). Not Present (NP) _ absent, Rare (R) = present but < 10%, Common (C) _ > 10-40%, Abundant (A) _ > 40-70%, Predominant (P) _ > 70%. Cumulative percentages should not exceed 100 % for each assessment reach. NIP R C A P FJ Bedrock/sa pro lite ZJ Boulder (256 - 4096 mm) 17, Cobble (64 - 256 mm) r; K7, Gravel (2 - 64 mm) r; K7, Sand (.062 - 2 mm) r; K7, Silt/clay (< 0.062 mm) r; K7, Detritus r, r Artificial (rip -rap, concrete, etc.) 11 d. � Yes r, No Are pools filled with sediment? (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams) 12. Aquatic Life - assessment reach metric (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams) 12a. G Yes P, No Was an in -stream aquatic life assessment performed as described in the User Manual? If No, select one of the following reasons and skip to Metric 13. r-, No Water Other: 12b. C Yes F, No Are aquatic organisms present in the assessment reach (look in riffles, pools, then snags)? If Yes, check all that apply. If No, skip to Metric 13. 1 >1 Numbers over columns refer to "individuals" for size 1 and 2 streams and "taxa" for size 3 and 4 streams. F r Adult frogs i- r Aquatic reptiles r r Aquatic macrophytes and aquatic mosses (include liverworts, lichens, and algal mats) r r Beetles (including water pennies) (- r Caddisfly larvae (Trichoptera [T]) r r Asian clam (Corbicula ) F r Crustacean (isopod/amphipod/crayfish/shrimp) F r Damselfly and dragonfly larvae r r Dipterans (true flies) r r Mayfly larvae (Ephemeroptera [E]) F r Megaloptera (alderfly, fishily, dobsonfly larvae) F r Midges/mosquito larvae F_ r Mosquito fish (Gambusia) or mud minnows (Umbra pygmaea) F r Mussels/Clams (not Corbicula) F r Other fish R r Salamanders/tadpoles F r Snails r r Stonefly larvae (Plecoptera [P]) F_ f- Tipulid larvae r Worms/leeches 13. Streamside Area Ground Surface Condition - streamside area metric (skip for Tidal Marsh Streams and B valley types) Consider for the Left Bank (LB) and the Right Bank (RB). Consider storage capacity with regard to both overbank flow and upland runoff. LB RB P, A A Little or no alteration to water storage capacity over a majority of the streamside area B B Moderate alteration to water storage capacity over a majority of the streamside area 'C g'; C Severe alteration to water storage capacity over a majority of the streamside area (examples include: ditches, fill, soil, compaction, livestock disturbance, buildings, man-made levees, drainage pipes) 14. Streamside Area Water Storage - streamside area metric (skip for Size 1 streams, Tidal Marsh Streams, and B valley types) Consider for the Left Bank (LB) and the Right Bank (RB) of the streamside area. LB RB 'A A Majority of streamside area with depressions able to pond water_ 6 inches deep B B Majority of streamside area with depressions able to pond water 3 to 6 inches deep �C C Majority of streamside area with depressions able to pond water < 3 inches deep 15. Wetland Presence - streamside area metric (skip for Tidal Marsh Streams) Consider for the Left Bank (LB) and the Right Bank (RB). Do not consider wetlands outside of the streamside area or within the normal wetted perimeter of assessment reach. LB RB r,Y Z-jY Are wetlands present in the streamside area? MN �'N 16. Baseflow Contributors -assessment reach metric (skip for size 4 streams and Tidal Marsh Streams) Check all contributors within the assessment reach or within view of and draining to the assessment reach. F_ A Streams and/or springs (jurisdictional discharges) r B Ponds (include wet detention basins, do not include sediment basins or dry detention basins) r C Obstruction that passes some flow during low -flow periods within assessment area (beaver dam, bottom -release dam) r D Evidence of bank seepage or sweating (iron oxidizing bacteria in water indicates seepage) r E Stream bed or bank soil reduced (dig through deposited sediment if present) r F None of the above 17. Baseflow Detractors - assessment area metric (skip for Tidal Marsh Streams) Check all that apply. r A Evidence of substantial water withdrawals from the assessment reach (includes areas excavated for pump installation) r B Obstruction not passing flow during low flow periods affecting the assessment reach (ex: watertight dam, sediment deposit) r C Urban stream (>_ 24 % impervious surface for watershed) r D Evidence that the stream -side area has been modified resulting in accelerated drainage into the assessment reach r E Assessment reach relocated to valley edge r F None of the above 18. Shading - assessment reach metric (skip for Tidal Marsh Streams) Consider aspect. Consider "leaf -on" condition. F,A Stream shading is appropriate for stream category (may include gaps associated with natural processes) B Degraded (example: scattered trees) �C Stream shading is gone or largely absent 19. Buffer Width - streamside area metric (skip for Tidal Marsh Streams) Consider "vegetated buffer" and "wooded buffer" separately for left bank (LB) and right bank (RB) starting at the top of bank out to the first break Vegetated Wooded LB RB LB RB A ; A ; A r-7 A >- 100-feet wide or extends to the edge of the watershed B ; B B r, B From 50 to < 100-feet wide C C C L7 C From 30 to < 50-feet wide D D D L7 D From 10 to < 30-feet wide E E E L7 E < 10-feet wide or no trees 20. Buffer Structure - streamside area metric (skip for Tidal Marsh Streams) Consider for left bank (LB) and right bank (RB) for Metric 19 ("Vegetated" Buffer Width). LB RB A A Mature forest B B Non -mature woody vegetation or modified vegetation structure C C Herbaceous vegetation with or without a strip of trees < 10 feetwide Maintained shrubs E E Little or no vegetation 21. Buffer Stressors - streamside area metric (skip for Tidal Marsh Streams) Check all appropriate boxes for left bank (LB) and right bank (RB). Indicate if listed stressor abuts stream (Abuts), does not abut but is within 30 feet of stream (< 30 feet), or is between 30 to 50 feet of stream (30-50 feet). If none of the following stressors occurs on either bank, check here and skip to Metric 22: r Abuts < 30 feet 30-50 feet LB RB LB RB LB RB �A A E-,A rlA [:A MA �B B B EB B B �C C C EC C C �D D D ED D D Row crops Maintained turf Pasture (no livestock)/commercial horticulture Pasture (active livestock use) 22. Stem Density- streamside area metric (skip for Tidal Marsh Streams) Consider for left bank (LB) and right bank (RB) for Metric 19 ("Wooded" Buffer Width). LB RB A E ;'A Medium to high stem density B B Low stem density C C No wooded riparian buffer or predominantly herbaceous species or bare ground 23. Continuity of Vegetated Buffer- streamside area metric (skip for Tidal Marsh Streams) Consider whether vegetated buffer is continuous along stream (parallel). Breaks are areas lacking vegetation > 10-feet wide. LB RB �A A The total length of buffer breaks is < 25 percent. B B The total length of buffer breaks is between 25 and 50 percent. �C C The total length of buffer breaks is > 50 percent. 24. Vegetative Composition —First 100 feet of streamside area metric (skip for Tidal Marsh Streams) Evaluate the dominant vegetation within 100 feet of each bank or to the edge of the watershed (whichever comes first) as it contributes to assessment reach habitat. LB RB A A Vegetation is close to undisturbed in species present and their proportions. Lower strata composed of native species, with non-native invasive species absent or sparse. B B Vegetation indicates disturbance in terms of species diversity or proportions, but is still largely composed of native species. This may include communities of weedy native species that develop after clear -cutting or clearing or communities with non-native invasive species present, but not dominant, over a large portion of the expected strata or communities missing understory but retaining canopy trees. �C C Vegetation is severely disturbed in terms of species diversity or proportions. Mature canopy is absent or communities with non-native invasive species dominant over a large portion of expected strata or communities composed of planted stands of non -characteristic species or communities inappropriately composed of a single species or no vegetation. 25. Conductivity— assessment reach metric (skip for all Coastal Plain streams) 25a. rYes F,No Was a conductivity measurement recorded? If No, select one of the following reasons. r-, No Water r] Other: 25b. Check the box corresponding to the conductivity measurement (units of microsiemens per centimeter). MA <46 r B 46 to < 67 r7 C 67 to < 79 r7 D 79 to < 230 r7 E > 230 NC SAM Stream Rating Sheet Accompanies User Manual Version 2.1 Stream Site Name Emerson Apartment Homes Stream Category Pb1 Notes of Field Assessment Form (Y/N) Presence of regulatory considerations (Y/N) Additional stream information/supplementary measurements included (Y/N) NC SAM feature type (perennial, intermittent, Tidal Marsh Stream) Function Class Rating Summary Date of Evaluation 2/26/2020 Assessor Name/Organization 4ddie Lasitter / Kimley Horr NO YES NO Intermittent USACE/ NCDWR All Streams Intermittent (1) Hydrology (2) Baseflow (2) Flood Flow (3) Streamside Area Attenuation (4) Floodplain Access (4) Wooded Riparian Buffer (4) Microtopography (3) Stream Stability (4) Channel Stability (4) Sediment Transport (4) Stream Geomorphology (2) Stream/Intertidal Zone Interaction (2) Longitudinal Tidal Flow (2) Tidal Marsh Stream Stability (3) Tidal Marsh Channel Stability (3) Tidal Marsh Stream Geomorphology MEDIUM HIGH MEDIUM MEDIUM MEDIUM HIGH NA MEDIUM MEDIUM LOW HIGH NA NA NA NA NA MEDIUM HIGH MEDIUM MEDIUM MEDIUM HIGH NA MEDIUM MEDIUM LOW HIGH NA NA NA NA NA (1) Water Quality (2) Baseflow (2) Streamside Area Vegetation (3) Upland Pollutant Filtration (3) Thermo regulation (2) Indicators of Stressors (2) Aquatic Life Tolerance (2) Intertidal Zone Filtration HIGH HIGH MEDIUM LOW HIGH NO HIGH NA HIGH HIGH MEDIUM LOW HIGH NO NA NA (1) Habitat (2) In -stream Habitat (3) Baseflow (3) Substrate (3) Stream Stability (3) In -stream Habitat (2) Stream -side Habitat (3) Stream -side Habitat (3) Thermo regulation (2) Tidal Marsh In -stream Habitat (3) Flow Restriction (3) Tidal Marsh Stream Stability (4) Tidal Marsh Channel Stability (4) Tidal Marsh Stream Geomorphology (3) Tidal Marsh In -stream Habitat (2) Intertidal Zone Habitat MEDIUM LOW HIGH LOW MEDIUM LOW HIGH HIGH HIGH NA NA NA NA NA NA NA MEDIUM LOW HIGH LOW MEDIUM LOW HIGH HIGH HIGH NA NA NA NA NA NA NA Overall MEDIUM MEDIUM ROY COOPER Governor MICHAEL S. REGAN Secretary TIM BAUMGARTNER Director Kara Strickland Pedcor Investments, LLC 770 Third Avenue, SW Carmel, IN 46032 NORTH CAROLINA Environmental Quality December 17, 2020 Expiration of Acceptance: 6/17/2021 Project: Emerson Apartment Homes- Pedcor Investments County: Cabarrus The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to accept payment for compensatory mitigation for impacts associated with the above referenced project as indicated in the table below. Please note that this decision does not assure that participation in the DMS in - lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will be approved. You must also comply with all other state, federal or local government permits, regulations or authorizations associated with the proposed activity including G.S. § 143-214.11. This acceptance is valid for six months from the date of this letter and is not transferable. If we have not received a copy of the issued 404 Permit/401 Certification within this time frame, this acceptance will expire. It is the applicant's responsibility to send copies of the permits to DMS. Once DMS receives a copy of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the in -lieu fee to be paid by an applicant is calculated based upon the Fee Schedule and policies listed on the DMS website. Based on the information supplied by you in your request to use the DMS, the impacts for which you are requesting compensatory mitigation credit are summarized in the following table. The amount of mitigation required and assigned to DMS for this impact is determined by permitting agencies and may exceed the impact amounts shown below. River Basin Impact Location (8-digit HUC) Impact Type Impact Quantity Yadkin 03040105 Warm Stream 293.000 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: Chris Tinklenberg, agent Sincerely, FOR James. B Stanfill Asset Management Supervisor NORTH CAROLINAD_E Department of Environ—tal quality North Carolina Department of Environmental Quality I Division of Mitigation Services 217 W. Jones Street 11652 Mail Service Center I Raleigh, North Carolina 27699-1652 919.707.8976