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HomeMy WebLinkAbout20210236 Ver 1_401 Application_20210304a- 6 C;�l e)d--3 Preliminary ORM Data Entry Fields for New Actions d SAW — 201 - BEGIN DATE [Received Date]: Prepare file folder 1. Project Name [PCN Form A2a]: The Sand Pit 2. Work Type: Private Fv—1 Institutional Assign Action ID Number in ORM ❑ Government ❑ Commercial ❑ 3. Project Description / Purpose [PCN Form 133d and Be]: 270 linear feet of McLin Creek excavation. A sand mining operation from McLin Creek. One intermittent stream road crossing to access mine area. 4. Property Owner / Applicant [PCN Form A3 or A4]: Mr. Gary Dellinger 5. Agent / Consultant [PCN Form A5 —or ORM Consultant ID Number]: Atlas Environmental / Jennifer Robertson 6. Related Action ID Number(s) [PCN Form B5b]: no known previous Action ID's 7. Project Location - Coordinates, Street Address, and/or Location Description [PCN Form B1b]: 35.711586 N /-81.100420 W, 4429 Old Catawba Road Claremont, NC 28610 8. Project Location - Tax Parcel ID [PCN Form 131a]: 3771-0768-3995 9. Project Location — County [PCN Form A2b]: Catawba 10. Project Location — Nearest Municipality or Town [PCN Form A2c]: Claremont 11. Project Information — Nearest Waterbody [PCN Form B2a]: McLin Creek, WS-IV 12. Watershed / 8-Digit Hydrologic Unit Code [PCN Form 62c]: Upper Catawba, 03050101 Authorization: Section 10 ❑ Section 404 Regulatory Action Type: Standard Permit ✓ Nationwide Permit # 18/44 ❑ Regional General Permit # ❑ Jurisdictional Determination Request ❑✓ Section 10 & 404 ❑ ❑Pre -Application Request Unauthorized Activity ❑ Compliance ❑ No Permit Required RECEIVEDUDENWR MAR 0 4 2021 Water Quality Permitting section Revised 20180124 OW A ` February 4, 2021 US Army Corps of Engineers NC Division of Water Resources Asheville Regulatory Field Office 401 and Buffer Permitting Unit Attn: Mrs. Krysta Stygar Attn: Mr. Paul Wojoski 8430 University Executive Park Dr, Suite 611 1617 Mail Service Center Charlotte, North Carolina 28262 Raleigh, North Carolina 27699-1617 Re: The Sand Pit - +/- 1.39 acres 4429 Old Catawba Road Claremont, NC 28610 Nationwide Permit 18/44 Request Corps Action ID: none known / NC DWR Project #: none known Krysta/Paul: The applicant, Mr. Gary Dellinger is requesting approval of the enclosed Nationwide Permit 18/44 for The Sand Pit. The project purpose is to mine sand out of McLin Creek in Claremont. Impacts include 30 linear feet for a road crossing to access the mine area on an intermittent tributary to McLin Creek as well as 270 linear feet of sand excavation of McLin Creek. The third impact will occur at the end of life of the mine to stabilize the 270 linear feet of McLin Creek stream bank with root wads where necessary. There are two potential aquatic resources CH 100 and CH 2O0. CH 100 which is a perennial tributary named McLin Creek will be impacted by 270 linear feet of excavation. CH 200 is an intermittent stream and will be impacted by 30 linear feet culvert for a road crossing. Stream impacts total 300 linear feet. As part of the mining reclamation plan bank stabilization will occur where necessary along the McLin Creek bank with root wads. No wetlands will be impacted by this project. Enclosed are the necessary permit application documents and additional information. Thank you for your attention to the enclosed request. Please contact me if you need any additional information. Best regards, 0 Y&++�E. Jennifer L Robertson, President iobertson(@-atlasenvi.com ATLAS Environmental, Inc. 338 S. Sharon Amity Road #411 Charlotte, North Carolina 28211 704-512-1206 (o)/ 828-712-9205(m) www.atlasenvi.com / Offices in Asheville and Charlotte FVO IRONMENTAL AGENT AUTHORIZATION FORM U.S. Army Corps of Engineers, Wilmington District Attn: Mr. Scott McLendon, Chief, Regulatory Division PO Box 1890 Wilmington, North Carolina 28402-1890 -and- NC Division of Water Resources, Water Quality Program Wetlands, Buffers, Streams — Compliance and Permitting Unit Attn: Mr. Paul Wojoski, Supervisor 1617 Mail Service Center Raleigh, North Carolina 27699-1650 I, the current landowner, lessee, contract holder to purchase, right to purchase holder, or easement holder of the property/properties identified below, hereby authorize Atlas Environmental Inc to act on my behalf as my agent during the processing of permits to impact Wetlands and Waters of the US that are regulated by the Clean Water Act and the Rivers and Harbors Act. Federal and State agents are authorized to be on said property when accompanied by Atlas Environmental Inc staff for the purpose of conducting on -site investigations and issuing a determination associated with Waters of the US subject to Federal jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899 and Waters of the State including 404 Wetlands, Isolated Wetlands, and other non-404 Wetlands subject to a permitting program administered by the State of North Carolina. Atlas Environmental Inc is authorized to provide supplemental information needed for delineation approval and/or permit processing at the request of the Corps or NC DWR Water Quality Program. Project Name: %off JAIL, d Property Owner of Record: ��y� /9�� l%lt 'I'/"L Contact Name: d' 1 { Address: cyi Address: Phone/Fax Number: Email Address: Project Address: 4! �d 14/'19_W1 Project Address: p Tax PIN: Pam• 710 S Signature: Date: I TLAS Environmental Inc. 338 S. Sharon Amity Road, #411 Charlotte, North Carolina 28211 704-512-1206 (o) / 828-712-9205 (m) jrobertson@adasenvi.com www.adasenvi.com o�^00 \N AT�F9oG 1 ILJWLX O lqii� -c Office Use Only: Corps action ID no. DWQ project no. Form Version 1.4 January 2009 Pre -Construction Notification (PCN) Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: ❑ Section 404 Permit Section 10 Permit FZ 1b. Specify Nationwide Permit (NWP) number: 18/44 or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? ❑ Yes ® No 1 d. 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 le. 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 1 g. 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: The Sand Pit 2b. County: Catawba 2c. Nearest municipality / town: Claremont 2d. Subdivision name: 2e. NCDOT only, T.I.P. or state project no: not a DOT project 3. Owner Information 3a. Name(s) on Recorded Deed: Mr. Gary Dellinger 3b. Deed Book and Page No. 3511/1583 3c. Responsible Party (for LLC if applicable): Mr. Gary Dellinger 3d. Street address: 965 Hopewell Church Road 3e. City, state, zip: Catawba, NC 28609 3f. Telephone no.: (704) 201-4079 3g. Fax no.: not provided 3h. Email address: not provided Page 1 of 10 PCN Form — Version 1.4 January 2009 4. Applicant Information (if different from owner) 4a. Applicant is: ❑ Agent ❑ Other, specify: 4b. Name: 4c. Business name (if applicable): 4d. Street address: 4e. City, state, zip: 4f. Telephone no.: 4g. Fax no.: 4h. Email address: 5. Agent/Consultant Information (if applicable) 5a. Name: Jennifer L Robertson 5b. Business name (if applicable): Atlas Environmental, Inc. 5c. Street address: 338 S. Sharon Amity Road #411 5d. City, state, zip: Charlotte, NC 28211 5e. Telephone no.: 704-512-1206 5f. Fax no.: no fax 5g. Email address: jobertson@atlasenvi.com Page 2 of 10 PCN Form — Version 1.4 January 2009 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 3771-0768-3995 1 b. Site coordinates (in decimal degrees): Latitude: 35.711586 Longitude: - 81.100420 1c. Property size: total parcel area approximately 138.5 acres, total project area approximately 1.39 acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: McLln Creek 2b. Water Quality Classification of nearest receiving water: W-IV 2c. River basin: Upper Catawba, 03050101 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: Site conditions are open fields along a river bottom, mining sand from McLin Creek 3b. List the total estimated acreage of all existing wetlands on the property: No Wetlands 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: - 320 LF 3d. Explain the purpose of the proposed project: Sanding Mining 3e. Describe the overall project in detail, including the type of equipment to be used: Mining Sand 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project (including all prior phases) in the past? ❑ Yes ® No ❑ Unknown Comments: 4b. If the Corps made the jurisdictional determination, what type of determination was made? ❑ Preliminary ❑ Final 4c. If yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: I Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? ❑ Yes ® No ❑ Unknown 5b. If yes, explain in detail according to "help file" instructions. N/A 6. Future Project Plans 6a. Is this a phased project? ❑ Yes ® No 6b. If yes, explain. Page 3 of 10 PCN Form - Version 1.4 January 2009 C. Proposed Impacts Inventory 1. Impacts Summary 1a. Which sections were completed below for your project (check all that apply): ❑ 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 of jurisdiction Area of number Type of impact Type of wetland Forested Corps (404, 10) or impact Permanent (P) or (if known) DWQ (401, other) (acres) Temporary T W1 - Choose one Choose one Yes/No - W2 - Choose one Choose one Yes/No - W3 - Choose one Choose one Yes/No - W4 - Choose one Choose one Yes/No - W5 - Choose one Choose one Yes/No - W6 - Choose one Choose one Yes/No - 2g. Total wetland impacts: 2h. Comments: 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. 3b. 3c. 3d. 3e. 3f. 3g. Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact number - (PER) or (Corps - 404, 10 stream length Permanent (P) or intermittent DWQ — non-404, width (linear feet) Temporary (T) (INT)? other) (feet) S1 P Excavation CH 100 PER Corps 25 270 S2 P Culvert CH 200 INT Corps 2 30 S3 P Stabilization CH 100 PER Corps 25 270 S4 - Choose one - - S5 - Choose one - - S6 - Choose one - - 270' of excavation DWR impact, 30' of culvert Corps and 3h. Total stream and tributary DWR impacts: impact, 270' of bank stabilization Corps and DWR impact 3i. Comments: S1: is sand mining in CH 100, S2: is a culvert to allow road access to the mining operation, S3: is bank stabilization as part of the mine reclamation plan at the end of the life of the mine. Page 4 of 10 PCN Form — Version 1.4 January 2009 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individually list all open water impacts below. 4a. Open water impact number- Permanent (P) or Tem ora T 4b. Name of waterbody (if applicable) 4c. Type of impact 4d. Waterbody type 4e. Area of impact (acres) 01 - Choose one Choose 02 - Choose one Choose 03 - Choose one Choose 04 - Choose one Choose 4f. Total open water impacts: 4g. Comments: 5. Pond or Lake Construction If pond or lake construction proposed, then complete the chart below. 5a. Pond ID number 5b. Proposed use or purpose of pond 5c. Wetland Impacts (acres) 5d. Stream Impacts (feet) 5e. Upland (acres) Flooded Filled Excavated Flooded Filled Excavated P1 Choose one P2 Choose one 5f. Total: 5g. Comments: 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If anv impacts require miti ation then you MUST fill out Section D of this form. 6a.Project is in which protected basin? ❑ Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Randleman ❑ Other: 6b. Buffer impact number - Permanent (P) or Temporary (T) 6c. Reason for impact 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact (square feet) 6g. Zone 2 impact (square feet B1 - Yes/No B2 - Yes/No B3 - Yes/No B4 - I Yes/No B5 - Yes/No B6 - Yes/No 6h. Total buffer impacts: 6i. Comments. Page 5of10 PCN Form - Version 1.4 January 2009 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. Mr. Dellinger wanted to mine more along McLin Creek but has minimized the mining activites to avoid an additional impacts to the stream. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. The mine will be apporved through DEQ. Sediment and erosion control measures along McLin Creek will ensure that no water quality violations occur. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? ❑ Yes ® No 2b. If yes, mitigation is required by (check all that apply): ❑ DWQ ❑ Corps 2c. If yes, which mitigation option will be used for this project? ❑ Mitigation bank El Payment to in -lieu fee program ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: none 3b. Credits Purchased (attach receipt and letter) Type: Choose one Type: Choose one Type: Choose one Quantity none Quantity none Quantity none 3c. Comments: none 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. ❑ Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: Choose one 4d. Buffer mitigation requested (DWQ only): none square feet 4e. Riparian wetland mitigation requested: none acres 4f. Non -riparian wetland mitigation requested: none acres 4g. Coastal (tidal) wetland mitigation requested: none acres 4h. Comments: no 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. not applicable Page 6 of 10 PCN Form — Version 1.4 January 2009 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that ❑ Yes ® No requires buffer mitigation? 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. 6c. 6d. 6e. Zone Reason for impact Total impact Multiplier Required mitigation (square feet) (square feet) Zone 1 none none 3 (2 for Catawba) none Zone 2 none none 1.5 none 6f. Total buffer mitigation required: none 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). not applicable 6h. Comments: no comments Page 7 of 10 PCN Form — Version 1.4 January 2009 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 within one of the NC Riparian Buffer Protection Rules? ❑ Yes ® No 1 b. If yes, then is a diffuse flow plan included? If no, explain why. ❑ Yes ®No 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? >24% % 2b. Does this project require a Stormwater Management Plan? ❑ 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: 2e. Who will be responsible for the review of the Stormwater Management Plan? 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? Catawba County 3b. Which of the following locally -implemented stormwater management programs apply (check all that apply): ❑ Phase II ❑ NSW ❑ USMP ® Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been attached? ❑ Yes ❑ No 4. DWQ Stormwater Program Review 4a. Which of the following state -implemented stormwater management programs apply (check all that apply): ❑ Coastal counties ❑ HQW ❑ ORW ❑ 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 Page 8 of 10 PCN Form — Version 1.4 January 2009 F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1 a. Does the project involve an expenditure of public (federal/state/local) funds or the ❑ Yes ® No use of public (federal/state) land? 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ❑ Yes ❑ No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval ❑ Yes ❑ No letter.) Comments: n/a 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. 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. no sewage will be generated from site activities Page 9 of 10 PCN Form — Version 1.4 January 2009 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or ❑ Yes ® No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ❑ Yes ® No impacts? 5c. If yes, indicate the USFWS Field Office you have contacted. Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? US Fish and Wildlife Service IPAC website and the North Carolina Natural Heritge Program. See attached [PAC and NHP searches. 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? NOAA 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? NC HPO database search. See attached search results. 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: no fill within the floodway will occur 8c. What source(s) did you use to make the floodplain determination? FEMA floodmaps GIS layer Jennifer L Robertson /p . 1 /l& p� 01/25/2021 Applicant/Agent's Printed Name Applicant/Agent's Signature Applicant/Agent's Date (Agent's signature is valid only if an authorization letter from the applicant isprovided.) Page 10 of 10 PCN Form — Version 1.4 January 2009 VIRONMENTAL 2of5 Project Name: The Sand Pit Location: 4429 Old Catawba Road Claremont, NC 28610 For: Mr. Gary Dellinger Coordinates: 35.70708,-81.10144 Date: January 08, 2021 Legend Project Review Area O Parcel Boundary Catawba Co. Parcels Streets - -- Contours: 2 Ft Delineation ® Perennial Intermittent FVLrrAA'= ' • m uatic Resource Sketch Ma 101 Project Name: The Sand Pit 0 0 100 200 300 400 Ft Location: 4429 Old Catawba Road Claremont, NC 28610 1 For: Mr. Gary Dellinger Page 3of5 Detail 1 Coordinates: 35.70708,-81.10144 Date: January 08, 2021 I 7AA , rA s • Project Name: The Sand Pit Location: 4429 Old Catawba Road Claremont, NC 28610 1 For: Mr. Gary Dellinger Page4of5 Detail 2 Coordinates: 35.70708,-81.10144 Date: January 08, 2021 Legend O Project Review Area O Parcel Boundary O Catawba Co. Parcels Streets -- Contours: 2 Ft Delineation M Perennial Intermittent Al 5 of 5 uatic Resource Sketch Ma 1 Potential Non Wetland CH 2O0, - 20 LF Potential Non Wetland CH 100, - 239 LF 0 FU 0 50 100 150 200 Ft Project Name: The Sand Pit Location: 4429 Old Catawba Road Claremont, NC 28610 1 For: Mr. Gary Dellinger Detail 3 Coordinates: 35.70708,-81.10144 Date: January 08, 2021 sl— simi • I P.r O.O. w a I � OJ6Jr C J SEE SHT 2 FACI (f5 ,�,.�...a.,en....a.,,.,.�.�.� LEGEND I / W w mau,.w�rt w,.new�. ---- STOLKPILE 1 ACGE55 AREA Top d ea.E ai7F w PRODmIy BOUNdARy MAp �\ ^\ PROPERLY DATA ••.,•..":. r�4-lkdi Lieer`72'�-"�'„-:�- un e,wa�o asr-�,z / � �• •a„ V pm� n IN —STREAM MININ6 LIMI o 110 wo +w en �M,�..,,a.........«,...,..,.a,. cwwnc etas s C0145T T I' H16H rr STONE FILTER BER" AROUND BUFFER A �5EGTION (TYP) TO DIVERT FLOW --- 5' HIGH BERM Ng ------ ---1 -- ---- - --- 1 STOCKPILE d AGGE55 AREA 1 1 NIGH BERM _ oG PROPERTY LINE/GENTERLINE CREEK IN STREAM �•� IN -STREAM MINE LIMIT5 _ MINING LIMIT - „�,„.«.,,,m-----•• STOCKPILE AREA ���W TOP OF BANK FLO'�! - 6reeleq� - - ii., F-1 IN -STREAM MINPY AREA ® UW15TLPZED BUFFER \y To(! o� 5TONE FILTER _ A, no LF o.00 o.�o c.ao o.eo aeo �'� 0 IN 5TREAM MINING LIMITS BUFFER CULYEW CROSSINGX-SECT �RM�HIITH 5TONE FILTER FACILITY LAYOUT ..m 1._50- EMBANKMENT MATTING DETAIL �L.x•.P r— ati .YID STONE FILTER BERM 501L BERM RIVER/MINE GR055 5ECTION (A' -A) GAIEGORY ALfFAGE TOTAL PROPERTY 138.50 AG ROADWAY ACCESS 0.52 AC IN -STREAM MINING AREA 0.17 AC 5TOGKPILE5 0.51 AG TOTAL MINING LIMITS 1.20 AG Legend O Project Review Area O Parcel Boundary Streets Delineation M Perennial Intermittent - .� �w s1 ` ' A • n Qa0- F Impact Mapes z�Q of�� gyp. a rd22�aG�� i Q N Q m / S2 = 30' of culvert S1 = 270' of excavation of McLin Creek S3 = 270' of bank stabilization V NF along McLin Creek b ry �-pOfR C14 0 100 200 300 400 Ft Project Name: The Sand Pit Location: 4429 Old Catawba Road Claremont, NC 28610 For: Mr. Gary Dellinger Coordinates: 35.70708,-81.10144 Date: January 25, 2021 INLET AT ORIGINAL STREAM BED ELEVATION OUTLET AT ORIGINAL STREAM BED ELEVATION CULVERTS MUST BE PLACED BELOW THE ELEVATION OF THE STREAMBED BY ONE FOOT FOR CULVERTS WITH A DIAMETER GREATER THAN 48 INCHES, AND 20 PERCENT OF THE CULVERT DIAMETER FOR CULVERTS OF LESS THAN OR EQUAL TO 48 INCHES, TO ALLOW LOW FLOW PASSAGE OF WATER AND AQUATIC LIFE AT LEAST 12" OF FILL ABOVE CULVERT II IlliIHE l I- k —CULVERT SIZED TO CARRY DESIGNED STORM EVENT NOT TO SCALE Construction Typical AQUATIC LIFE PASSAGE Embedded Culvert Placement IRONMENTAL - Project Name: The Sand Pit _ Location: 4429 Old Catawba Road Claremont, NC 28610 RONMENTAL For: Mr. Gary Dellinger Coordinates: 35.70738,-81.10135 I Date: January 4, 2021 r;. p A Y iLegend +1 zzi. _ Review Area E—I Property Boundary Aerial `.. . HUC 12 Lyle Creek rrapin Creek -Lake Norman McLin Creek Legend Balls Creek O Review Area O Property Boundary HUC 12 0 1500 3000 4500 6000 Ft -- Project Name: The Sand Pit 7 Location: 4429 Old Catawba Road Claremont, NC 28610 1RONNIENTAL. For: Mr. Gary Dellinger Coordinates: 35.70738,-81.10135 Date: January 4, 2021 Legend O Review Area O Property Boundary LiDAR NLJ 757.1 = 804.7 E-- 852.2 1 L - 899.8 = 947.3 A 0 500 1000 1500 2000 Ft Project Name: The Sand Pit Location: 4429 Old Catawba Road Claremont, NC 28610 For: Mr. Gary Dellinger Coordinates: 35.70738, -81.10135 Date: January 4, 2021 C. Legend O Review Area O Property Boundary Contours 2 Ft o Streets Streams III`:." �y► NHD Ma 8 Project Name: The Sand Pit Location: 4429 Old Catawba Road Claremont, NC 28610 For: Mr. Gary Dellinger Coordinates: 35.70738,-81.10135 Date: January 4, 2021 / Q NWI Map a- tdwb 3 9,f P / r' n � s tk s o s� State Rd 1 ��2 min^ Al' bye Legend 9 st O Review Area O Property Boundary Streets NWI 0 Freshwater Forested/Shrub Wetland Millers Hollow 0 Freshwater Pond Pinetop dg 0 500 1000 1500 2000 Ft 0 Riverine Project Name: The Sand Pit _ Q Location: 4429 Old Catawba Road Claremont, NC 28610 For: Mr. Gary Dellinger RONMENTAL Coordinates: 35.70738,-81.10135 Date: January 4, 2021 Parcel M a p Ln N 07a C dtd� bd R 3 a Gam, r -il i 1 377107683995 s p s� State Rd Y72Z r`r d Legend O Review Area n O Property Boundary Millers Hollow 8� Catawba Parcels Pinetopbidg 0500 1000 1500 2000 Ft Streets Project Name: The Sand Pit Location: 4429 Old Catawba Road Claremont, NC 28610 RONMENTAL For: Mr. Gary Dellinger Coordinates: 35.70738,-81.10135 Date: January 4, 2021 Ci i idi Di , C Idt ei ijuriL. NC. 2t X n. —su!ts f-ter Cirdi L o McLin Crock FIE, 393 AJ a 1 1-76-5-00.7) McLin Crook Uc3c, ptior From L-awvdbo f-:ountj 1-H 173l to a po§ 0.2 mile SR 1722 C3050101 calaw Lena.- 6.79 FW Milec bt-C a M WS-11V Cla-ceifcavon uVorall I Zoom to ... Project Name: The Sand Pit Location: 4429 Old Catawba Road Claremont, NC 28610 VIRONMENTAL For: Mr. Gary Dellinger [Coordinates: 35.70708, -81.10144 Date: December 16, 2020 35" 4743' N 3P 47 25" N Soil Map —Catawba County, North Carolina �� (Review Area 20210104) $ 490830 490900 490M 491040 491110 491180 3 3 Map Sole: 1:2,710 if pririted on A portait (8.5' x 11") sheer. N t s n o 40 eo 160 zoo N r 0 100 210 400 60 0 Map M)�: Web MeruiRx Corner ooadinatm WGS84 Edge tics: U' M Zone 17N WGS84 USDA Natural Resources Web Soil Survey 1/4/2021 Conservation Service National Cooperative Soil Survey Page 1 of 3 Project Name, The Sand Pit / Location: 4429 Old Catawba Road Claremont, NC 28610 IRONMENTAL For: Mr, Gary Dellinger Coordinates: 35.70738,-81.10135 Date: January 4, 2021 35° 4743'N 35- 47 25' N Soil Map —Catawba County, North Carolina (Review Area 20210104) MAPLEGEND MAP INFORMATION Area of Interest (AOI) Spoil Area The soil surveys that comprise your A01 were mapped at E] Area of Interest (AOI) Stony Spot t 1:15,800. Soils Very Stony Spot Warning: Soil Map may not be valid at this scale. rI Soil Map Unit Polygons Wet Spot Enlargement of maps beyond the scale of mapping can cause ,.y Soil Map Unit Lines misunderstanding of the detail of mapping and accuracy of soil Other line placement. The maps do not show the small areas of Soil Map Unit Points � Special Line Features contrasting soils that could have been shown at a more detailed Special Point Features Scale. La% Blowout Water Features Streams and Canals Please rely on the bar scale on each map sheet for map Borrow Pit measurements. Transportation X Clay Spot 7-+-+ Rails Source of Map: Natural Resources Conservation Service 0 Closed Depression Web Soil Survey URL: Interstate Highways Coordinate System: Web Mercator (EPSG:3857) Gravel Pit US Routes Maps from the Web Soil Survey are based on the Web Mercator ° Gravelly Spot Major Roads projection, which preserves direction and shape but distorts distance and area. A projection that preserves area, such as the Landfill Local Roads Albers equal-area conic projection, should be used if more A. Lava Flow accurate calculations of distance or area are required. Background Marsh or swamp Aerial Photography This product is generated from the USDA-NRCS certified data as of the version date(s) listed below. Mine or Quarry Soil Survey Area: Catawba County, North Carolina Miscellaneous Water Survey Area Data: Version 20, Jun 2, 2020 Perennial Water Soil map units are labeled (as space allows) for map scales �. Rock Outcrop 1:50,000 or larger. Saline Spot Date(s) aerial images were photographed: Apr 8, 2015—Nov 28, 2017 Sandy Spot The orthophoto or other base map on which the soil lines were Severely Eroded Spot compiled and digitized probably differs from the background imagery displayed on these maps. As a result, some minor Sinkhole shifting of map unit boundaries may be evident. Slide or Slip jill Sodic Spot I.SIx> Natural Resources Conservation Service ,r w1 a� JI , n. Web Soil Survey National Cooperative Soil Survey 1/4/2021 Page 2 of 3 Map Unit Legend Map Unit Symbol Map Unit Name Acres in AOI Percent of AOI CfD Clifford sandy loam, 10 to 15 percent slopes 0.1 4.9% 0.9 62.1% ChA Chewacla loam, 0 to 2 percent slopes, frequently flooded TmB Tomlin loam, 2 to 6 percent slopes 0.4 30.2% ToC2 Tomlin clay loam, 6 to 10 percent slopes, moderately eroded 0.0 2.9% Totals for Area of Interest 1.4 100.0% u5pp Natural Resources Web Soil Survey 1/4/2021 i� Conservation Service National Cooperative Soil Survey Page 3 of 3 n Project Name: The Sand Pit Location: 4429 Old Catawba Road Claremont, NC 28610 AONMENTAL For: Mr. Gary Dellinger 35.70738,-81.10135 1 Date: January 4, 2021 ux flYfWa�RK`IWR JFA = ' United States Department of the Interior Ww FISH AND WILDLIFE SERVICE Asheville Ecological Services Field Office 160 Zillicoa Street y. Asheville, NC 28801-1082 Phone: (828) 258-3939 Fax: (828) 258-5330 hqp://www.fws.gov/nc-es/es/couniyfr.htmi In Reply Refer To: December 16, 2020 Consultation Code: 04EN1000-2021-SLI-0221 Event Code: 04EN1000-2021-E-00495 Project Name: The Sand Pit Subject: List of threatened and endangered species that may occur in your proposed project location, and/or may be affected by your proposed project To Whom It May Concern: The attached species list identifies threatened, endangered, proposed and candidate species, as well as proposed and final designated critical habitat, that may occur within the boundary of your proposed project and/or may be affected by your proposed project. Although not required by section 7, many agencies request species lists to start the informal consultation process and begin their fulfillment of the requirements under section 7(c) of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). This list, along with other helpful resources, is also available on the U.S. Fish and Wildlife Service (Service) Asheville Field Office's (AFO) website: htWs://www.fws.gov/raleiph/species/ cntylist/nc counties.html. The AFO website list includes "species of concern" species that could potentially be placed on the federal list of threatened and endangered species in the future. Also available are: Design and Construction Recommendations https://www.fws.pov/asheville/htmis/Droiect review/Recommendations.html Optimal Survey Times for Federally Listed Plants https://www.fws.gov/nc-es/plant/plant survey.html Northern long-eared bat Guidance https://www.fws.gov/asheville/htmis/project review/NLEB in WNC.html Predictive Habitat Model for Aquatic Species https://www.fws.gov/asheville/htmis/Maxent/Maxent.html 12/16/2020 Event Code: 04EN1000-2021-E-00495 New information based on updated surveys, changes in the abundance and distribution of species, changed habitat conditions, or other factors could require modifications of these lists. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act, the accuracy of the species lists should be verified after 90 days. This verification can be completed formally or informally as desired. The Service recommends that verification be completed by visiting the ECOS-IPaC website or the AFO website (the AFO website dates each county list with the day of the most recent update/change) at regular intervals during project planning and implementation for updates to species lists and information. An updated list may be requested through the ECOS-IPaC system by completing the same process used to receive the enclosed list or by going to the AFO website. The purpose of the Act is to provide a means whereby threatened and endangered species and the ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to utilize their authorities to carry out programs for the conservation of threatened and endangered species and to determine whether projects may affect threatened and endangered species and/or designated critical habitat. A Biological Assessment is required for construction projects (or other undertakings having similar physical impacts) that are major Federal actions significantly affecting the quality of the human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2) (c)). For projects other than major construction activities, the Service suggests that a Biological Evaluation similar to a Biological Assessment be prepared to determine whether the project may affect listed or proposed species and/or designated or proposed critical habitat. Recommended contents of a Biological Assessment are described at 50 CFR 402.12 and on our office's website at https://www.fws_gov/asheville/btmis/project review/assessment guidance.html. If a Federal agency (or their non-federal representative) determines, based on the Biological Assessment or Biological Evaluation, that listed species and/or designated critical habitat may be affected by the proposed project, the agency is required to consult with the Service pursuant to 50 CFR 402. In addition, the Service recommends that candidate species, proposed species, and proposed critical habitat be addressed within the consultation. More information on the regulations and procedures for section 7 consultation, including the role of permit or license applicants, can be found in the "Endangered Species Consultation Handbook" at: http:// www.fws.eov/endanaered/esa-librarV/Ddf/TOC-GLOS.PDF. Though the bald eagle is no longer protected under the Endangered Species Act, please be aware that bald and golden eagles are protected under the Bald and Golden Eagle Protection Act (16 U.S.C. 668 et seq.), and projects affecting these species may require additional consultation (see https://www.fws.gov/southeast/our-services/permits/eagles/). Wind energy projects should follow the wind energy guidelines (http://www.fws.gov/windenerg,) for minimizing impacts to migratory birds (including bald and golden eagles) and bats. Guidance for minimizing impacts to migratory birds for projects including communications towers (e.g., cellular, digital television, radio, and emergency broadcast) can be found at: httR // www.fws.gov/migratoU birds/CurrentBirdlssues/Hazards/towers/towers.htm,- 12/16/2020 Event Code: 04EN1000-2021-E-00495 http://www.towerkill.com; and http://www.fws.gov/migratoiybirds/CurrentBirdIssues/Hazards/ towers/comtow.html. We appreciate your concern for threatened and endangered species. The Service encourages Federal agencies to include conservation of threatened and endangered species into their project planning to further the purposes of the Act. Please include the Consultation Tracking Number in the header of this letter with any request for consultation or correspondence about your project that you submit to our office. Attachment(s): ■ Official Species List • Migratory Birds • Wetlands 12/16/2020 Event Code: 04EN1000-2021-E-00495 Official Species List This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the requirement for Federal agencies to "request of the Secretary of the Interior information whether any species which is listed or proposed to be listed may be present in the area of a proposed action". This species list is provided by: Asheville Ecological Services Field Office 160 Zillicoa Street Asheville, NC 28801-1082 (828) 258-3939 12/16/2020 Event Code: 04EN1000-2021-E-00495 2 Project Summary Consultation Code: 04EN1000-2021-SLI-0221 Event Code: 04EN1000-2021-E-00495 Project Name: The Sand Pit Project Type: MINING Project Description: 20201216 Project Location: Approximate location of the project can be viewed in Google Maps: https:// www.p,00y,le.com/maps/place/35.707068600597864N81.098"412483"9W Counties: Catawba, NC 12/16/2020 Event Code: 04EN1000-2021-E-00495 Endangered Species Act Species There is a total of 4 threatened, endangered, or candidate species on this species list. Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species. IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA Fisheries!, as USFWS does not have the authority to speak on behalf of NOAA and the Department of Commerce. See the "Critical habitats" section below for those critical habitats that lie wholly or partially within your project area under this office's jurisdiction. Please contact the designated FWS office if you have questions. 1. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce. T M'iiii OWN NAME STATUS Northern Long-eared Bat Myotis septentrionalis Threatened No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/9045 Reptiles NAME STATUS Bog Turtle Clemmys muhlenbergii Similarity of Population: U.S.A. (GA, NC, SC, TN, VA) Appearance No critical habitat has been designated for this species. (Threatened) Species profile: https:Hecos.fws.gov/ecp/species/6962 12/16/2020 Event Code: 04EN1000-2021-E-00495 Flowering Plants NAME Dwarf -flowered Heartleaf Hexastylis nani flora No critical habitat has been designated for this species. Species profile: https://ecos.fws.pov/ecp/species/2458 Schweinitz's Sunflower Helianthus schweinitzii No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/3849 Critical habitats STATUS Threatened Endangered THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. 12/16/2020 Event Code: 04EN1000-2021-E-00495 Migratory Birds Certain birds are protected under the Migratory Bird Treaty Act! and the Bald and Golden Eagle Protection Act2. Any person or organization who plans or conducts activities that may result in impacts to migratory birds, eagles, and their habitats should follow appropriate regulations and consider implementing appropriate conservation measures, as described below. 1. The Migratory Birds Treaty Act of 1918. 2. The Bald and Golden Eagle Protection Act of 1940. 3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a) The birds listed below are birds of particular concern either because they occur on the USFWS Birds of Conservation Concern (BCC) list or warrant special attention in your project location. To learn more about the levels of concern for birds on your list and how this list is generated, see the FAQ below. This is not a list of every bird you may find in this location, nor a guarantee that every bird on this list will be found in your project area. To see exact locations of where birders and the general public have sighted birds in and around your project area, visit the E-bird data mapping tool (Tip: enter your location, desired date range and a species on your list). For projects that occur off the Atlantic Coast, additional maps and models detailing the relative occurrence and abundance of bird species on your list are available. Links to additional information about Atlantic Coast birds, and other important information about your migratory bird list, including how to properly interpret and use your migratory bird report, can be found below. For guidance on when to schedule activities or implement avoidance and minimization measures to reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE SUMMARY at the top of your list to see when these birds are most likely to be present and breeding in your project area. BREEDING NAME SEASON Bald Eagle Haliaeetus leucocephalus Breeds Sep 1 to This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention Jul 31 because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. https:Hecos.fws.gov/ecp/sl?ecies/1626 Prairie Warbler Dendroica discolor Breeds May 1 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Jul 31 and Alaska. 12/16/2020 Event Code: 04EN1000-2021-E-00495 BREEDING NAME SEASON Prothonotary Warbler Protonotaria citrea Breeds Apr 1 to This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA Jul 31 and Alaska. Red-headed Woodpecker Melanerpes erythrocephalus Breeds May 10 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Sep 10 and Alaska. Rusty Blackbird Euphagus carolinus Breeds This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA elsewhere and Alaska. 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. 12/16/2020 Event Code: 04EN1000-2021-E-00495 3 Breeding Season( ) Yellow bars denote a very liberal estimate of the time -frame inside which the bird breeds across its entire range. If there are no yellow bars shown for a bird, it does not breed in your project area. Survey Effort (1) Vertical black lines superimposed on probability of presence bars indicate the number of surveys performed for that species in the 10km grid cell(s) your project area overlaps. The number of surveys is expressed as a range, for example, 33 to 64 surveys. No Data (—) A week is marked as having no data if there were no survey events for that week. Survey Timeframe Surveys from only the last 10 years are used in order to ensure delivery of currently relevant information. The exception to this is areas off the Atlantic coast, where bird returns are based on all years of available data, since data in these areas is currently much more sparse. ■ probability of presence breeding season I survey effort — no data SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Bald Eagle 4-4 Non -BCC Vulnerable ... Prairie Warbler 4-.�-�.- + -a- + { BCC Rangewide (CON) Prothonotary ' Warbler • _-- ---- + • . •— — *^ ---- —+--+ f-- —+-- — — — BCC Rangewide (CON) - Red-headed Woodpecker �— — +� �� V— OF —^^... --r ...a }.� +"--- — — — — — _ . — — - - — —` —`— BCC Rangewide (CON) Rusty Blackbird — ---- t • �— _. ..— ---- --+- + {--•- _ — -- — — — — — — — — --.. . — BCC Rangewide (CON) } ~ Additional information can be found using the following links: • Birds of Conservation Concern http://www.fws.gov/birds/management/manap-ed-species/ birds-of-conservation-concern.phn • Measures for avoiding and minimizing impacts to birds http://www.fws.gov/birds/ management/project-assessment-tools-and-guidance conservation-measures.php ■ Nationwide conservation measures for birds http://www.fws.gov/miprato!3Lbirds/pdf/ mana,gement/nationwidestandardconservationmeasures.pdf 12/16/2020 Event Code: 04EN1000-2021-E-00495 Migratory Birds FAQ Tell me more about conservation measures I can implement to avoid or minimize impacts to migratory birds. Nationwide Conservation Measures describes measures that can help avoid and minimize impacts to all birds at any location year round. Implementation of these measures is particularly important when birds are most likely to occur in the project area. When birds may be breeding in the area, identifying the locations of any active nests and avoiding their destruction is a very helpful impact minimization measure. To see when birds are most likely to occur and be breeding in your project area, view the Probability of Presence Summary. Additional measures and/or permits may be advisable depending on the type of activity you are conducting and the type of infrastructure or bird species present on your project site. What does IPaC use to generate the migratory birds potentially occurring in my specified location? The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern fflf Q and other species that may warrant special attention in your project location. The migratory bird list generated for your project is derived from data provided by the Avian Knowledge Network (AKN). The AKN data is based on a growing collection of survey, banding, and citizen science datasets and is queried and filtered to return a list of those birds reported as occurring in the 10km grid cell(s) which your project intersects, and that have been identified as warranting special attention because they are a BCC species in that area, an eagle (Eagle Act 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? 12/16/2020 Event Code: 04EN1000-2021-E-00495 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. 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 nanotap, 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 12/16/2020 Event Code: 04EN1000-2021-E-00495 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. 12/16/2020 Event Code: 04EN1000-2021-E-00495 Wetlands Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under Section 404 of the Clean Water Act, or other State/Federal statutes. For more information please contact the Regulatory Program of the local U.S. Army Corps of Engineers District. Please note that the NWI data being shown may be out of date. We are currently working to update our NWI data set. We recommend you verify these results with a site visit to determine the actual extent of wetlands on site. RIVERINE ■ R2UBH a ■■■ Roy Cooper. Governor ■■■'< ■ NC DEPARTMENT OF ■� ■M NATURAL AND CULTURAL RESOURCES Susi Hamilton. Secretary ■'"■m■ Walter Clark. Director, Land and Water Stewardship N C N H D E-13532 December 16, 2020 Jennifer Robertson Atlas Environmental, Inc. 338 S. Sharon Amity Road Charlotte, NC 28211 RE: The Sand Pit; 20201216 Dear Jennifer Robertson: 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: httnc-//%nnA/%A1 f%A/G nnv/nffir9Zc/r)ircrtnrv/1 ictr)ffirac rfm?ctatcrnHg==77 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 rod ney.but lerCo)ncdcr.gov or 919-707-8603. Sincerely, NC Natural Heritage Program DEPARTMENT OF NATURAL AND CULTURAL RESOURCES �pl I I V. h`fIES � T BEET, r_' ifi N ,' 6 1(1 1 t,^ OL >E vl:.:E C-EPJTEr,', (+ tIE11 1 NIC (V, OFC 1", ,Y , . FAX Vf V. ,. Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One -mile Radius of the Project Area The Sand Pit Project No. 20201216 December 16, 2020 NCNHDE-13532 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 Observation Occurrence Status Status Rank Rank Date Rank Natural 28434 Piedmont Alluvial --- 2001-06-06 C 2-High --- --- G4 S4 Community Forest Natural Areas Documented Within a One -mile Radius of the Project Area Site Nameti Representational Rating Collective Rating Lyle Creek Corridor R5 (General) C5 (General) Managed Areas Documented Within a One -mile Radius of the Project Area Managed Area Name Owner Owner Type Bunker Hill Covered Bridge Historic Site NC DNCR, Division of State Historic Sites State and Properties NC Division of Mitigation Services Easement NC DEQ, Division of Mitigation Services State NC Division of Mitigation Services Easement NC DEQ, Division of Mitigation Services State Bunker Hill Covered Bridge Dedicated Nature NC DNCR, Division of State Historic Sites State Preserve and Properties Bunker Hill Covered Bridge Historic Site Catawba County Historical Association Private Definitions and an explanation of status designations and codes can be found at https-//nr.nhrip nahm—erve orb hela Data query generated on December 16, 2020: source: NCNHP, Q3 October 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-13532: The Sand Pit December 16, 2020 1:26,327 o 0.225 o 0 Project Boundary 11 o.s mi Buffered Project Boundary 0 0.35 07 1.4 km NHP Natural Area (NHNA) Soaves: Esn. HERE, Garmn, Interrrap, increment P Corp., GEBCO, USGS, FAO. NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esn Japan. MET'sri . EChia (Hong Kong), (c) OpenStreetMap conlrbutors. and the GIS Managed Area (MAREA) UserCem amity Page 3 of 3 dtd Catawba fLd c r4 si, p V' os Nate O a- ot f"93 Hose CT0708 Ha,ffl Heuze ya< CM5W Rabf3mou House ♦ ire. 0 0 •y N � 4F� PrS a lY < a a h wy Tasks Results CT02t0 C Br Search all NCHGO data _Query result ••• Displayed features:0/0 7 Smith-RIVne Hausa o c IC a` Z� W SF s� S� H 7th Ave" N o TOIB2 NN G�aQc� ad Huds-O CT0706 Laurance Tenant CT0707 Gabriel -Stewart Hahne • House ...rrV L. Project Name: The Sand Pit Location: 4429 Old Catawba Road Claremont, NC 28610 For: Mr. Gary Dellinger Coordinates: 35.70708,-81.10144 P 6 d CT(490mimm Date: December 16, 2020 ay CC Rd County of Iredell GIS, Iredel