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HomeMy WebLinkAbout20210456 Ver 1_ePCN Application_20210407Preliminary ORM Data Entry Fields for New Actions ACTION ID #: SAW- Begin Date (Date Received): Prepare file folder ❑ Assign Action ID Number in ORM n 1. Project Name [PCN Form A2a]: WNC6 Fayetteville 2. Work Type: ❑Private ❑Institutional ❑Government ❑ Commercial 3. Project Description / Purpose [PCN Form B3d and B3e]: NC Fayetteville Fort Worth, LLC proposes the renovation of an existing building along with a parking lot expansion on an approximately 17-acre property located at 1005 Dunn Rd in Fayetteville, Cumberland County, NC (Figure 1). 4. Property Owner / Applicant [PCN Form A3 or A4]: NC Fayetteville Fort Worth, 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 B5b]: 7. Project Location — Coordinates, Street Address, and/or Location Description [PCN Form Blb]: The project is located at 1005 Dunn Road in Fayetteville, Cumberland County, NC. Project Coordinates (decimal degrees): 35.061367 N,-78.840402 W 8. Project Location — Tax Parcel ID [PCN Form Bla]: 0447-76-8931 9. Project Location — County [PCN Form A2b]: Cumberland 10. Project Location — Nearest Municipality or Town [PCN Form A2c]: Fayetteville 11. Project Information — Nearest Waterbody [PCN Form B2a]: Locks Creek 12. Watershed / 8-Digit Hydrologic Unit Code [PCN Form B2c]: Upper Cape Fear (03030004) Authorization: Section 10 ❑ Section 404 ❑ Section 10 and 404 ❑ Regulatory Action Type: 0 Standard Permit ✓ Nationwide Permit #39 Regional General Permit # ✓ Jurisdictional Determination Request Pre -Application Request R FlUnauthorized Activity Compliance No Permit Required Revised 20150602 DWR Division of Water Resources Initial Review Pre -Construction Notification (PCN) Form April 4, 2021 Ver 4 Has this project met the requirements for acceptance in to the review process?* 6 Yes ✓ No Is this project a public transportation project?* C Yes ( No Change Only 1 needed. BIMS # Assigned* 20210456 Is a payment required for this project?* ✓ No payment required ✓ Fee received 6 Fee needed - send electronic notification Reviewing Office * Fayetteville Regional Office - (910) 433-3300 Information for Initial Review la. Name of project: WNC6 Fayetteville Site la. Who is the Primary Contact?* NC Fayetteville Fort Worth, LLC Version#* What amout is owed?* r $240.00 6 $570.00 Select Project Reviewer* Chad Turlington:eads\ccturlington lb. Primary Contact Email:* lc. Primary Contact Phone:* ejackson@realtylinkdev.com Date Submitted 4/7/2021 Nearest Body of Water Locks Creek Basin Cape Fear Water Classification C Site Coordinates Latitude: 35.061367 A. Processing Information (864)263-5431 Longitude: -78.840402 County (or Counties) where the project is located: Cumberland Is this a NCDMS Project ✓ Yes G No Is this project a public transportation project?* ✓ Yes 6. No Pre -Filing Meeting Information Is this a courtesy copy notification?* ✓ Yes f• No ID# 20210456 Version 1 Pre -fling Meeting or Request Date* 2/26/2021 Attach documentation of Pre -Filing Meeting Request here:* Click the upload button or drag and drop files here to attach document DWR Pre -Filing Meeting Request Form.pdf Fle type must be R:F la. Type(s) of approval sought from the Corps: fJ Section 404 Permit (wetlands, streams and waters, Clean Water Act) r Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) Has this PCN previously been submitted?* ✓ Yes ✓ No 1b. What type(s) of permit(s) do you wish to seek authorization? 7 Nationwide Permit (NWP) I— Regional General Permit (RGP) I— Standard (IP) lc. Has the NWP or GP number been verified by the Corps? ✓ Yes r No Nationwide Permit (NWP) Number: 39 - Commercial/Institutional Developments NWP Numbers (for multiple NWPS): Id. Type(s) of approval sought from the DWR: 17 401 Water Quality Certification - Regular I— Non-404 Jurisdictional General Permit I— Individual 401 Water Quality Certification le. Is this notification solely for the record because written approval is not required? For the record only for DWR 401 Certification: For the record only for Corps Permit: If. Is this an after -the -fact permit application?* ✓ Yes f No 52.01 KB I— 401 Water Quality Certification - Express I— Riparian Buffer Authorization lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? (: Yes r No lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? ✓ Yes rNo Acceptance Letter Attachment 12bWNC6 Fayetteville DMS Acceptance letter.pdf 436.16KB 1h. Is the project located in any of NC's twenty coastal counties? ✓ Yes r: No 1j. Is the project located in a designated trout watershed? ✓ Yes (7 No B. Applicant Information Id. Who is applying for the permit? fJ Owner r Applicant (other than owner) le. Is there an Agent/Consultant for this project?* s Yes r No 2. Owner Information 2a. Name(s) on recorded deed: NC Fayetteville Fort Worth, LLC ✓ Yesr No ✓ Yes 6 No 2b. Deed book and page no.: 2c. Contact Person: Eric Jackson 2d.Address Street Address 201 Riverplace Address Line 2 Suite 400 aty Greenville Postal / Zip aide 29601 2e. Telephone Number: (864)263-5431 2g. Email Address:* ejackson@realtylinkdev.com 4. Agent/Consultant (if applicable) 4a. Name: Chris Tinklenberg, PWS 4b. Business Name: Kimley-Horn and Associates 4c.Address Street Address 200 South Tryon St Address Line 2 Suite 200 Ca), Charlotte Postal / Zip Code 28202 4d. Telephone Number: (704)409-1802 4f. Email Address:* Chris.Tinklenberg@kimley-horn.com Agent Authorization Letter* 04a_Signed Agent Authorization.pdf State / Bovine / Region SC Country USA 2f. Fax Number: State / Province / Region NC Country USA 4e. Fax Number: 63.61 KB C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (d appropriate) lc. Nearest municipality/ town: Fayetteville 2. Project Identification 2a. Property Identification Number: 0447-76-8931 2b. Property size: 17 2c. Project Address Street Address 1005 Dunn Road Address Line 2 a ly State / Rovince / Region Fayetteville NC Postal / Zlp Code Oountry 28312 USA 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* Locks Creek 3b. Water Resources Classification of nearest receiving water:* C 3c. What river basin(s) is your project located in?* Cape Fear 3d. Please provide the 12-digit HUC in which the project is located. 030300040705 4. Project Description and History 4a. 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 site is located at 1005 Dunn Road in Fayetteville, NC. The site is currently comprised of an existing warehouse building, associated parking area, maintained grassy area, and two streams. The site is surrounded by 1-95, forested land, and commercial and industrial businesses. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?* ✓ Yes F No r Unknown 4d. Attach an 8 1/2 X 11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site. (for DWR) Fig2_WNC6_Fayetteville_USGS Topo Map.pdf 1.02MB 4e. Attach an 8 1/2 X 11 excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. (for DWR) Fig3_WNC6_Fayetteville_SSURGO.pdf 2.62MB 4f. List the total estimated acreage of all existing wetlands on the property: 0.27 4g. List the total estimated linear feet of all existing streams on the property: 1,961 4h. Explain the purpose of the proposed project:* The WNC6 Fayetteville Site is a proposed 17-acre commercial development located in Fayetteville, Cumberland County, NC. The project proposes renovating the existing building to serve as a distribution center. Along with the renovation, the site will be developed to provide line haul truck docking and parking, associate parking, box truck parking, van parking and van queuing. The site will be brought into compliance with both state and local regulations for zoning, landscaping, and stormwater. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* The project proposes renovating an existing warehouse to serve as a distribution center. Additional development on -site includes the necessary parking and infrastructure improvements to serve the site. Permanent impacts include 466 LF (0.043-ac) to Stream 1 and 0.017-ac to Wetland 1. General construction equipment includes, but are not limited to, bulldozers, excavators, front-end loaders, etc. will be used for construction purposes. 4j. Please upload project drawings for the proposed project. 10a_ LOD E thibit.pdf 1.57MB 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* ✓ Yes Comments: AJD is included in this submittal r No O Unknown 5b. If the Corps made a jurisdictional determination, what type of determination was made?* ✓ Preliminary r Approved G Not Verified r Unknown r N/A Corps AID Number: 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: Kimley-Horn and Associates 5d1. Jurisdictional determination upload 05a_WNC6 Fayetteville_USACE_FINALSAW JD REQUEST FORM.pdf 05b_WNC6_NWPR AJD Form.pdf 01_WNC6 Fayetteville_ORM Data Entry Fields for NewActions_.pdf 6. Future Project Plans 336.37KB 110.67KB 209.62KB 6a. Is this a phased project?* ✓ Yes f•' No Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity? D. Proposed Impacts Inventory 1. Impacts Summary la. Where are the impacts associated with your project? (check all that apply): 17 Wetlands fJ Streams -tributaries r Open Waters r Pond Construction 2. Wetland Impacts r Buffers 2a. Site #*(?) Impact 1 2a1 Reason (?) Fill 2b. Impact type * (?) P 2c. Type of W.* Headwater Forest 2d. W. name* W1 2e. Forested* Yes 2f. Type of Ju risdicition * (. ) Both 2g. Impact area 0.017 (acres) 2g. Total Temporary Wetland Impact 0.000 2g. Total Wetland Impact 0.017 2g. Total Permanent Wetland Impact 0.017 2i. Comments: The project proposes renovating an existing building and developing an associated parking lot. Authorization is requested under NWP 39 for stream and wetland impacts associated with grading activities necessary to construct the parking lot expansion. The proposed project will result in 0.017-ac of permanent impacts to Wetland 1. 3. Stream Impacts S1 3a. Reason for impact (?) Impact 2 3b.lmpact type* Permanent 3c. Type of impact* Fill 3d. S. name* S1 - UT to Locks Creek 3e. Stream Type* (?) Perennial 3f. Type of Jurisdiction* Both 3g. S. width* 4 Average (feet) 3h. lmpact length* 466 (linear feet) 3i. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 466 3i. Total stream and ditch impacts: 466 3i. Total temporary stream impacts: 0 3j. Comments: The project proposes renovating an epsting building and developing an associated parking lot. Authorization is requested under NWP 39 for stream and wetland impacts associated with grading activities necessary to construct the parking lot expansion. The proposed project will result in 466 LF / 0.043-ac of permanent impacts to Stream 1. E. Impact Justification and Mitigation 1. Avoidance and Minimization u la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: Unavoidable impacts to Stream 1 and Wetland 1 are necessary to accomplish the purpose and goals of the project. Stream mitigation credits will be purchased to offset the permanent impacts necessary for this project. As a final leg delivery station, appropriate vehicle mobility and vehicle storage is required for the site. This limits the ability to compress the spacing between site features such as drive aisles, parking spaces, and sidewalks and still transition grades throughout the site, provide stormwater control measures, and completely avoid impacts to streams and wetlands. Retaining walls have been provided on site to completely avoid impacts to the stream on the western side of the site (S2) and minimize the overall impact. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Stormwater facilities are sized and positioned to minimize impacts to the greatest extents practicable. Temporary erosion control measures, including but not limited to skimmer basins and silt fence, will be implemented to minimize sediment laden runoff from exiting the site. 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 r No 2c. If yes, mitigation is required by (check all that apply): r DWR 17 Corps 2d. If yes, which mitigation option(s) will be used for this project? r Mitigation bank 17 Payment to in -lieu fee r Permittee Responsible program Mitigation 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. F Yes C No 4b. Stream mitigation requested: (linear feet) 816 4c. If using stream mitigation, what is the stream temperature: warm 4d. Buffer mitigation requested (DWR only): 4e. Riparian wetland mitigation requested: (square feet) (acres) 4f. Non -riparian wetland mitigation requested: 4g. Coastal (tidal) wetland mitigation requested: (acres) (acres) 4h. Comments Compensatory mitigation will be met by the purchase of credits through the NC Division of Mitigation Services (NCDMS) in -lieu fee program. 466 LF of stream impacts will be mitigated through the purchase of stream mitigation credits. Based on an NCSAM assessment of Medium for Stream 1 mitigation is proposed at a 1.75:1 ratio for impacts to these features, or 816 stream mitigation credits. In total, 816 stream mitigation credits will be purchased from NCDMS to offset impacts associated with this project. A copy of the NCSAM form and the NCDMS In -Lieu Fee Acceptance Letter is attached. F. Stormwater Management and Diffuse Flow Plan (required by DWR) 1. Diffuse Flow Plan la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? CYes rNo If no, explain why: The project does not include / is not adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules. 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?* C Yes f No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? C Yes 6 No 2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater program? 6' Yes C N/A - project disturbs < 1 acre 2d. Which of the following stormwater management program(s) apply: I7 Local Government I— State Local Government Stormwater Programs 17 Phase II I— NSW I— USMP I— Water Supply Please identify which local government stormwater program you are using. City of Fayetteville C No Comments: The proposed stormwater management and erosion control measures have been sized and designed using methods prescribed by the City of Fayetteville and NCDEQ resources. One proposed wet pond will be utilized as a water quantity and quality SCM. G. Supplementary Information 1. Environmental Documentation la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?* CYes FNo 2. Violations (DWR Requirement) 2a. Is the site in violation of DWR Water Quality Certification Rules (15ANCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15A NCAC 2B .0200)?* CYes 6-No 3. Cumulative Impacts (DWR Requirement) 3a. Will this project result in additional development, which could impact nearby downstream water quality?* ✓ Yes r: No 3b. If you answered "no," provide a short narrative description. No additional or cumulative impacts are anticipated due to the construction of the proposed project. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* ✓ Yes rNor N/A 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or habitat?* ✓ Yes f No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* ✓ Yes C No 5c. If yes, indicate the USFWS Field Office you have contacted. Raleigh 5d. Is another Federal agency involved?* ✓ Yes 5e. Is this a DOT project located within Division's 1-8? ✓ Yes ('No F No r Unknown 5f. Will you cut any trees in order to conduct the work in waters of the U.S.? ✓ Yes r: No 5g. Does this project involve bridge maintenance or removal? ✓ Yes ('No 5h. Does this project involve the construction/installation of a wind turbine(s)?* ✓ Yes r: No 5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.? ✓ Yes ('No 5j. 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 March 29, 2021, did not indicate known occurrences of threatened or endangered species within the project boundary. Additionally, pedestrian surveys conducted by Kimley-Horn on February 23, 2021, did not identify potentially suitable habitat for or occurrences of protected species within the property boundary. A concurrence request letter was submitted to the USFWS on March 30, 2021. At the time of this report a response has not been received. A copy of the request is attached. Consultation Documentation Upload 11a_20210330_WNC6 Fayetteville_USFWS Request.pdf 6.73MB 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?* ✓ Yes r No 6b. What data sources did you use to determine whether your site would impact an 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 status?* ✓ Yes f No 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 March 29, 2021. 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 March 30, 2021. At the time of the report, a response has not been received. A copy of the request is attached. 7c. Historic or Prehistoric Information Upload 11b_20210330_WNC6 Fayetteville_SHPO Request.pdf 3.59MB 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain?* 6'Yes rNo 8b. If yes, explain how project meets FEMArequirements: A floodplain development permit and No-Rise/No-Impact certification will be submitted to satisfy the City of Fayetteville permitting requirements for a floodplain development permit. 8c. What source(s) did you use to make the floodplain determination?* FIRM Panel 3720044700K Miscellaneous Comments An AJD is included in this request Miscellaneous attachments not previously requested. _20210406_WNC6 Fayetteville_AJD_NWP39.pdf 31.46MB Signature * CJ By checking the box and signing below, I certify that: • The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief; and • The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. • I have given true, accurate, and complete information on this form; • I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act'); • I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); • I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND I intend to electronically sign and submit the PCN form. Full Name: Chris Tinklenberg Signature Date 4/7/2021 ROY COOPER Governor DIONNE DELLI-GATTI Secretary TIM BAUMGARTNER Director Eric Jackson NC Fayetteville Fort Worth, LLC 201 Riverplace, Suite 400 Greenville, SC 29601 NORTH CAROLINA Environmental Quality April 5, 2021 Expiration of Acceptance: 10/5/2021 Project: WNC6 Fayetteville County: Cumberland 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 Cape Fear 03030004 Warm Stream 466 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 CAROLINA Departmental Environmental Quality North Carolina Department of Environmental Quality I Division of Mitigation Services 217 West Jones Street 11652 Mail Service Center I Raleigh, North Carolina 27699-1652 919.707.8976 AGENT AUTHORIZATION FORM Name: NC Fayetteville Fort Worth LLC Address: 201 Riverplace. Suite 400 Greenville SC 29601 Phone: 864-263-5431 Email: ejackson[lrealtylinkdev.com Project Name/Description: WNC6 Fayetteville Date: March 25, 2021 The Department of the Army U.S. Army Corps of Engineers, Wilmington District Wilmington Regulatory Field Office Attention: Emily Greer Re: Wetland Related Consulting and Permitting NC Fayetteville Fort Worth 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. In addition, I, the undersigned, under contract to purchase the property/properties identified herein, do authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) to enter upon the property herein described for the purpose of conducting on -site investigations and issuing a determination associated with Waters of the U.S. subject to Federal jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. Authorized this the day of MitC , 202-1 �KIG\s©,j Authorized Representative (Print Name) AUtil rwr.native (S ig DWR Pre -Filing Meeting Request Form ID#* Regional Office * Reviewer List* 20210456 Version* Fayetteville Regional Office - (910) 433-3300 Chad Turlington Pre -Filing Meeting Request submitted 2/26/2021 Contact Name * Chris Tinklenberg Contact Email Address* chris.tinklenberg@kimley-horn.com Project Name * WNC6 - Fayetteville Project Owner* M J Soffe Company Project County* Cumberland Owner Address: Street Address P.O. Box 2507 Address Line 2 City State / Rovince / Region Fayetteville NC Fbstal / Zip Code Country 28302 USA Is this a transportation project?* C Yes ( No Type(s) of approval sought from the DWR: rJ 401 Water Quality Certification - I— 401 Water Quality Certification - Reg ula r Express I— Individual Permit I— Modification I— Shoreline Stabilization Does this project have an existing project ID#?* C Yes ( No Do you know the name of the staff member you would like to request a meeting with? Please give a brief project description below.* The project proposes redevelopment of the existing warehouse on - site. Please give a couple of dates you are available for a meeting. 3/3/2021 3/4/2021 3/5/2021 Please attach the documentation you would like to have the meeting about. WNC6_DelineationMap_20210223.pdf 2.06MB pdf only By digitally signing below, I certify that I have read and understood that per the Federal Clean Water Act Section 401 Certification Rule the following statements: • This form completes the requirement of the Pre -Filing Meeting Request in the Clean Water Act Section 401 Certification Rule. • I understand by signing this form that I cannot submit my application until 30 calendar days after this pre -filing meeting request. • !also understand that DWR is not required to respond or grant the meeting request. Your project's thirty -day clock started upon receipt of this application. You will receive notification regarding meeting location and time if a meeting is necessary. You will receive notification when the thirty -day clock has expired, and you can submit an application. Signature Submittal Date 2/26/2021 Legend n Approximate Site Boundary Kimley>» Horn Figure 2 USGS Topographic (Vander) Map WNC6 Fayetteville Site Fayetteville, NC Legend Approximate Site Boundary NWI SSURGO Soils Hydric Rating Not Hydric (0%) Hydric (1-32%) Hydric (33-65%) Feet 0 200 400 Kimley»>Horn Figure 3 SSURGO Soils and NWI WNC6 Fayetteville Site Fayetteville, NC / FLOODWAV / ,/ - 50' BUILDING SETBAC EXISTING STREAM CENTERLINE 100 YEAR FLOOD PLAINS APPROXIMATE TOP OF BANK FLOODWAV / I LIMITS OF DISTURBANCE 15' BUILDING/LANDSCAPE SETBACK RO LIMITS OF DISTURBANCE I IAE0II �III�I: III �D �11 [=MI: Imo forma ram r/�1;'mll weal. PPP 0000000 LANDSCAPE SETBACK V X" kN/ ROW— ROW— ROW ...,... LOD— — —Lao— — —LODy I RO LIMITS OF DISTURBANCE 0A Oj) QJ — ROW— ROW 0' BMP ACCESS EASEMENT IABLE WIDTH PUBLIC R/I/V PROPOSED IMPROVEMENTS LEGEND SITE - PROJECT DATA DEVELOPMENT STANDARDS BUILDING / STRUCTURE STANDARD DUTY ASPHALT PVNT. HEAVY DUTY ASPHALT PAVEMENT UGHT DUTY CONCRETE PVMT. :•I HEAVY DUN CONCRETE PAVEMENT CONCRETE 90EWAU( =PEDESTRIAN CROSSWALK PANTED ISLANDS (-2' 0.C. 0 45 ) } r 1. TRAFFIC ARROWS = CID SIGNS - MONUMENT / PYLON SIGNS - SINGLE / DOUBLE • SITE UCHTING • ® BOLLARD / WHEEL STOP KP) I P4 l I i W STOP, STOP BAR, & YEILO MARKINGS J OPEN SPACE — —PROPERTY BOUNDARY, ROW FIGHT -OF -WAY BUILDING EXPANSION —BUILDING SETBACK — - L_e LANDSCAPING BUFFER CURB AND GUTTER SPILL CURB Ir RETAINING WALL - - FENCE AND GATE ARE LANE MARKING NPFL ARE LANE STRIPING CUARO RAIL POND - RATER SURFACE POND - MP OF BANK POND - BOTTOM, TOE —ol—ol—tLl—to—JERSEY BARRIER 15ITE AREA: TOTAL 18.94 AC 737,780-SF BUILDING FOOTPRINT: BUILDING USE: WAREHOUSE: OFFICE. @ 5.84'4 COVERAGE'. OPEN SPACE 128,474-SF 120,974-SF 7,500-SF 17.4Y, TOTAL'. REQUIRED'. PROVIDED'. ACTIVE'. 55,333 SF (7.514 149.320 SF (20.2% REQUIRED'. PROVIDED'. IMPERVIOUS AREA 27.574 SF(3.75h 10.221 SF (20.2, PROPOSED'. EXISTING: 10.84 AC 8.0]A� PARKING REQUIRED: WAREHOUSE 1/1,250 SF OFFICE 1/300 SF TOTAL REQ. 4CCESSIBLENAN: PARKING PROVIDED: AUTO: PRO, ACCESSIBLENAN'. TRAILER STALLS'. DOCK -HIGH DOOR'. 97 STALL 25 STALL 122 STALL 511 138 STALL 8I STALL STALL ZONING: 4X. COVERAGE: BUILDING SETBACKS: HI 75, FRONT VARD 50' SIDE YARD INTERIOR 15 SIDE VARD EXTERIOR 15 EAR YARD LANDSCAPE SETBACKS: FRONT YARD SIDE YARDS FEAR YARD 25 15 25 OFF•STREET PARKING STANDARD'. DRIVE AISLE'. 9'x18 24 DEVELOPMENT DATA: TAX PARCEL ID 0447708931003 LEGAL DESCRIPTION LEGL DESC LAND USE OFFICEM0AREHOUSE (DIST.) ZONING DATA: IIF''E'MA FLOOD PANEL 00ATERSHED: 3710459490K NIA ROW — ROW — OVER EADCANOP ROW — LIMITS OF DISTURBANCE Row,. / 9S opSiN L CS R� 5307 X •one,:Pak.,, 1 PROPOSED OFFICE SPACE m_ ROW EXISTING BUILDING OPERATIONAL SPACE=66,594 SF ROW` X LIMITS OF DISTURBANCE OONCRE7E PARKING CONCRETE AREA NOT PART OF LEASE CONCRETS RAMP NOT PART OF LEASE 62,141 SF 25' LANDSCAPE SETBACK 30' SEWER EASEMENT — LSB — — — B — Ls5 — — — — Lse — — — — LSB — — — Ls5 — 50' BUILDING SETBACK 15' BUILDING/LANDSCAPE SETBACK L ���CO�rSflilrr�pp� i etali2'�D — —L06 u�"" —L D .9w) L,B�-8QTJ ROW RO RO fI ARLARN Rw ETH PURE, RAN ROW ROW — OW LIMITS OF DISTURBANCE 30' SEWER EASEMENT 25' LANDSCAPE SETBACK 59' BUILDING SETBACK GRAPHIC SCALE IN FEET 0 30 60 120 ROW NOT FOR CONSTRUCTION Know what's below. CaII before you dig. >88 32 a0oE FSST fly �•. �ay9 v SEAL 046983 2 9 R,yCI NFE@'lam: A9C4RfT HOJaa rT wo o r T aN 0 < N 0 N ❑o 0 SCALE AS SHOWN 0 LOD EXHIBIT 1005 DUNN ROAD NORTH CAROLINA CITY OF FAYETTEVILLE SHEET NUMBER EX This document, together with the concepts and designs presented herein, as on instrument of servi e, is Intended only for .e specificpurpose and client far which It was prepared. Reuse of and improper reliance on this document without written authorization and adaptation by Klmley—Horn and Associates. Inc. shall be without Ilobili to Klmley—Horn and Associates. Inc. Jurisdictional Determination Request US Army Corps of Engineers Wilmington District This form is intended for use by anyone requesting a jurisdictional determination (JD) from the U.S. Army Corps of Engineers, Wilmington District (Corps). Please include all supporting information, as described within each category, with your request. You may submit your request via mail, electronic mail, or facsimile. Requests should be sent to the appropriate project manager of the county in which the property is located. A current list of project managers by assigned counties can be found on-line at: http: //www. saw. usace. army. mil/Missions/RegulatoryPermitProgram/Contact/CountyLocator. aspx, by calling 910-251-4633, or by contacting any of the field offices listed below. Once your request is received you will be contacted by a Corps project manager. ASHEVILLE & CHARLOIIL REGULATORY FIELD OFFICES US Army Corps of Engineers 151 Patton Avenue, Room 208 Asheville, North Carolina 28801-5006 General Number: (828) 271-7980 Fax Number: (828) 281-8120 RALEIGHREGULATORY FIELD OFFICE US Army Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 General Number: (919) 554-4884 Fax Number: (919) 562-0421 WASHINGTON REGULATORY FIELD OFFICE US Army Corps of Engineers 2407 West Fifth Street Washington, North Carolina 27889 General Number: (910) 251-4610 Fax Number: (252) 975-1399 WILMINGTON REGULATORY FIELD OFFICE US Army Corps of Engineers 69 Darlington Avenue Wilmington, North Carolina 28403 General Number: 910-251-4633 Fax Number: (910) 251-4025 INSTRUCTIONS: All requestors must complete Parts A, B, C, D, E, F and G. NOTE TO CONSULTANTS AND AGENCIES: If you are requesting a JD on behalf of a paying client or your agency, please note the specific submittal requirements in Part H. NOTE ON PART D — PROPERTY OWNER AUTHORIZATION: Please be aware that all JD requests must include the current property owner authorization for the Corps to proceed with the determination, which may include inspection of the property when necessary. This form must be signed by the current property owner(s) or the owner(s) authorized agent to be considered a complete request. NOTE ON PART D - NCDOT REQUESTS: Property owner authorization/notification for JD requests associated with North Carolina Department of Transportation (NCDOT) projects will be conducted according to the current NCDOT/USACE protocols. NOTE TO USDA PROGRAM PARTICIPANTS: A Corps approved or preliminary JD may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should also request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. Version: May 2017 Page 1 Jurisdictional Determination Request A. PARCEL INFORMATION Street Address: 1005 Dunn Rd City, State: Fayetteville, NC County: Cumberland Parcel Index Number(s) (PIN): 0447768931000 B. REQUESTOR INFORMATION Name: Chris Tinklenberg, PWS Mailing Address: Telephone Number: Electronic Mail Address: Select one: 200 South Tryon Street, Suite 200 Charlotte, NC (704) 409-1802 chris.tinklenberg@kimley-horn.com I am the current property owner. I am an Authorized Agent or Environmental Consultant' Interested Buyer or Under Contract to Purchase Other, please explain. C. PROPERTY OWNER INFORMATION2 Name: NC Fayetteville Fort Worth, LLC Mailing Address: Telephone Number: Electronic Mail Address: 201 Riverplace, Suite 400 Greenville, SC 29601 864-263-5431 ejackson@realtylinkdev.com i Must provide completed Agent Authorization Form/Letter. 2 Documentation of ownership also needs to be provided with request (copy of Deed, County GIS/Parcel/Tax Record). Version: May 2017 Page 2 Jurisdictional Determination Request D. PROPERTY ACCESS CERTIFICATION3,4 By signing below, I authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) to enter upon the property herein described for the purpose of conducting on - site investigations, if necessary, and issuing a jurisdictional determination pursuant to Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. I, the undersigned, am either a duly authorized owner of record of the property identified herein, or acting as the duly authorized agent of the owner of record of the property. Chris Tinklenberg, PWS Print Name Capacity: n Owner 4/2/2021 ✓❑ Authorized Agents Date Signature E. REASON FOR JD REQUEST: (Check as many as applicable) I intend to construct/develop a project or perform activities on this parcel which would be designed to avoid all aquatic resources. fl I intend to construct/develop a project or perform activities on this parcel which would be designed to avoid all jurisdictional aquatic resources under Corps authority. ❑ I intend to construct/develop a project or perform activities on this parcel which may require authorization from the Corps, and the JD would be used to avoid and minimize impacts to jurisdictional aquatic resources and as an initial step in a future permitting process. ❑ I intend to construct/develop a project or perform activities on this parcel which may require authorization from the Corps; this request is accompanied by my permit application and the JD is to be used in the permitting process. ❑ I intend to construct/develop a project or perform activities in a navigable water of the U.S. which is included on the district Section 10 list and/or is subject to the ebb and flow of the tide. ❑ A Corps JD is required in order obtain my local/state authorization. ❑ I intend to contest jurisdiction over a particular aquatic resource and request the Corps confirm that jurisdiction does/does not exist over the aquatic resource on the parcel. n I believe that the site may be comprised entirely of dry land. ❑ Other: 3 For NCDOT requests following the current NCDOT/USACE protocols, skip to Part E. 4 If there are multiple parcels owned by different parties, please provide the following for each additional parcel on a continuation sheet. 5 Must provide agent authorization foun/letter signed by owner(s). Version: May 2017 Page 3 Jurisdictional Determination Request F. JURISDICTIONAL DETERMINATION (JD) TYPE (Select One) u I am requesting that the Corps provide a preliminary JD for the property identified herein. A Preliminary Jurisdictional Determination (PJD) provides an indication that there may be "waters of the United States" or "navigable waters of the United States"on a property. PJDs are sufficient as the basis for permit decisions. For the purposes of permitting, all waters and wetlands on the property will be treated as if they are jurisdictional "waters of the United States". PJDs cannot be appealed (33 C.F.R. 331.2); however, a PJD is "preliminary" in the sense that an approved JD can be requested at any time. PJDs do not expire. I am requesting that the Corps provide an approved JD for the property identified herein. An Approved Jurisdictional Determination (AJD) is a determination that jurisdictional "waters of the United States" or "navigable waters of the United States" are either present or absent on a site. An approved JD identifies the limits of waters on a site determined to be jurisdictional under the Clean Water Act and/or Rivers and Harbors Act. Approved JDs are sufficient as the basis for permit decisions. AJDs are appealable (33 C.F.R. 331.2). The results of the AJD will be posted on the Corps website. A landowner, permit applicant, or other "affected party" (33 C.F.R. 331.2) who receives an AJD may rely upon the AJD for five years (subject to certain limited exceptions explained in Regulatory Guidance Letter 05- 02). I am unclear as to which JD I would like to request and require additional information to inform my decision. G. ALL REQUESTS Map of Property or Project Area. This Map must clearly depict the boundaries of the review area. nSize of Property or Review Area 17 acres. Iv The property boundary (or review area boundary) is clearly physically marked on the site. Version: May 2017 Page 4 Jurisdictional Determination Request H. REQUESTS FROM CONSULTANTS Project Coordinates (Decimal Degrees): Latitude: 35.061367 N Longitude: -78.840402 W A legible delineation map depicting the aquatic resources and the property/review area. Delineation maps must be no larger than 11x17 and should contain the following: (Corps signature of submitted survey plats will occur after the submitted delineation map has been reviewed and approved).6 • North Arrow • Graphical Scale • Boundary of Review Area • Date • Location of data points for each Wetland Determination Data Form or tributary assessment reach. For Approved Jurisdictional Determinations: • Jurisdictional wetland features should be labeled as Wetland Waters of the US, 404 wetlands, etc. Please include the acreage of these features. • Jurisdictional non -wetland features (i.e. tidal/navigable waters, tributaries, impoundments) should be labeled as Non -Wetland Waters of the US, stream, tributary, open water, relatively permanent water, pond, etc. Please include the acreage or linear length of each of these features as appropriate. • Isolated waters, waters that lack a significant nexus to navigable waters, or non - jurisdictional upland features should be identified as Non -Jurisdictional. Please include a justification in the label regarding why the feature is non jurisdictional (i.e. "Isolated", "No Significant Nexus", or "Upland Feature"). Please include the acreage or linear length of these features as appropriate. For Preliminary Jurisdictional Determinations: • Wetland and non -wetland features should not be identified as Jurisdictional, 404, Waters of the United States, or anything that implies jurisdiction. These features can be identified as Potential Waters of the United States, Potential Non -wetland Waters of the United States, wetland, stream, open water, etc. Please include the acreage and linear length of these features as appropriate. Completed Wetland Determination Data Forms for appropriate region (at least one wetland and one upland form needs to be completed for each wetland type) 6 Please refer to the guidance document titled "Survey Standards for Jurisdictional Deteuninations" to ensure that the supplied map meets the necessary mapping standards. http://www.saw.usace.ainiy.mil/Missions/Regulatory-Pe Pro gram/Jurisdiction/ Version: May 2017 Page 5 Jurisdictional Determination Request LL ✓❑ IL Completed appropriate Jurisdictional Determination form • PJDs, please complete a Preliminary Jurisdictional Determination Form' and include the Aquatic Resource Table • AJDs, please complete an Approved Jurisdictional Determination Form' Vicinity Map Aerial Photograph USGS Topographic Map Soil Survey Map Other Maps, as appropriate (e.g. National Wetland Inventory Map, Proposed Site Plan, previous delineation maps, LIDAR maps, FEMA floodplain maps) Landscape Photos (if taken) NCSAM and/or NCWAM Assessment Forms and Rating Sheets riNC Division of Water Resources Stream Identification Forms u Other Assessment Forms ' www. saw.usace. a ny.mil/Portals/59/docs/regulatory/regdocs/JD/RGL 08-02 App A Prelim JD Fofillable.pdf ' Please see http : //www. saw. usace. army mil/Missions/Regulatory -Permit-Pro gram/Jurisdiction/ Principal Purpose: The information that you provide will be used in evaluating your request to determine whether there are any aquatic resources within the project area subject to federal jurisdiction under the regulatory authorities referenced above. Routine Uses: This information may be shared with the Department of Justice and other federal, state, and local government agencies, and the public, and may be made available as part of a public notice as required by federal law. Your name and property location where federal jurisdiction is to be determined will be included in the approved jurisdictional determination (AJD), which will be made available to the public on the District's web site and onthe Headquarters USAGE web site. Disclosure: Submission of requested information is voluntary; however, if information is not provided, the request for an AJD cannot be evaluated nor can an AJD be issued. Version: May 2017 Page 6 U.S. ARMY CORPS OF ENGINEERS REGULATORY PROGRAM APPROVED JURISDICTIONAL DETERMINATION FORM (INTERIM) NAVIGABLE WATERS PROTECTION RULE I. ADMINISTRATIVE INFORMATION Completion Date of Approved Jurisdictional Determination (AJD): Select. ORM Number: (e.g. HQS-2020-00001-MSW). Associated JDs: N/A or ORM numbers and identifiers (e.g. HQS-2020-00001-MSW-MITSITE) Review Area Location': State/Territory: NC City: Fayetteville County/Parish/Borough: Cumberland Center Coordinates of Review Area: Latitude 35.061367° N Longitude --78.840402° W II. FINDINGS A. Summary: Check all that apply. At least one box from the following list MUST be selected. Complete the corresponding sections/tables and summarize data sources. The review area is comprised entirely of dry land (i.e., there are no waters or water features, including wetlands, of any kind in the entire review area). Rationale: N/A or describe rationale. ▪ There are "navigable waters of the United States" within Rivers and Harbors Act jurisdiction within the review area (complete table in Section II.B). ❑x There are "waters of the United States" within Clean Water Act jurisdiction within the review area (complete appropriate tables in Section II.C). ❑x There are waters or water features excluded from Clean Water Act jurisdiction within the review area (complete table in Section II.D). B. Rivers and Harbors Act of 1899 Section 10 (§ 10)2 § 10 Name § 10 Size § 10 Criteria Rationale for § 10 Determination NI, nl',. NI/ N/A. C. Clean Water Act Section 404 Territorial Seas and Traditional Navigable Waters ((a)(1) waters):3 (a)(1) Name (a)(1) Size (a)(1) Criteria Rationale for (a)(1) Determination 1 Map(s)/figure(s) are attached to the AJD provided to the requestor. 2 If the navigable water is not subject to the ebb and flow of the tide or included on the District's list of Rivers and Harbors Act Section 10 navigable waters list, do NOT use this document to make the determination. The District must continue to follow the procedure outlined in 33 CFR part 329.14 to make a Rivers and Harbors Act Section 10 navigability determination. 3 A stand-alone TNW determination is completed independently of a request for an AJD. A stand-alone TNW determination is conducted for a specific segment of river or stream or other type of waterbody, such as a lake, where upstream or downstream limits or lake borders are established. A stand- alone TNW determination should be completed following applicable guidance and should NOT be documented on the AJD Form. Page 1 of 4 Form Version 10 June 2020 U.S. ARMY CORPS OF ENGINEERS REGULATORY PROGRAM APPROVED JURISDICTIONAL DETERMINATION FORM (INTERIM) NAVIGABLE WATERS PROTECTION RULE Tributaries ((a)(2) waters): (a)(2) Name (a)(2) Size (a)(2) Criteria Rationale for (a)(2) Determination S1 linear feet (a)(2) Perennial tributary contributes surface water flow directly or indirectly to an (a)(1) water in a typical year. Stream S1 originates on -site at the end of a wetland and flows as a perennial stream to its confluence with S2. S2 is Lock Creek which is a tributary to the Cape Fear River. Based on this information, S1 was determined to be an (a)(2) water. S2 1492 linear feet (a)(2) Perennial tributary contributes surface water flow directly or indirectly to an (a)(1) water in a typical year. Stream S2 flows along the western boundary of the site as a perennial stream. S2 is Lock Creek which is a tributary to the Cape Fear River. Based on this information, S2 was determined to be an (a)(2) water. Lakes and ponds, and impoundments of jurisdictional waters ((a)(3) waters): (a)(3) Name (a)(3) Size (a)(3) Criteria Rationale for (a)(3) Determination N'' N'' N/A. Adjacent wetlands ((a)(4) waters): (a)(4) Name (a)(4) Size (a)(4) Criteria Rationale for (a)(4) Determination 02 acre(s) (a)(4) Wetland abuts an (a)(1)- (a)(3) water. The wetland delineation was conducted utilizing the 1987 US Army Corps of Engineers (USACE) Wetlands Delineation Manual and the USACE Regional Supplement to the Corps of Engineers Wetlands Delineation Manual: Eastern Mountains and Piedmont Region (Version 2.0). Wetland W1 is a small scrub - shrub wetland. Hydrology is primarily influenced by stormwater and groundwater and W1 drains into Stream 1. S1 flows into Lock Creek (S2) which is a tributary to the Cape Fear River. \A/7 0.25 acre(s) (a)(4) Wetland abuts an (a)(1)- (a)(3) water. The wetland delineation was conducted utilizing the 1987 US Army Corps of Engineers (USACE) Wetlands Delineation Manual and the USACE Regional Supplement to the Corps of Engineers Wetlands Delineation Manual: Eastern Mountains and Piedmont Region (Version 2.0). Wetland W2 is a scrub -shrub wetland that directly abuts S2. W2 is situated within a natural topographic low point and hydrology is primarily influenced by S2 floodplain. S2 flows into Lock Creek (S2) which is a tributary to the Cape Fear River Page 2 of 4 Form Version 10 June 2020 U.S. ARMY CORPS OF ENGINEERS REGULATORY PROGRAM APPROVED JURISDICTIONAL DETERMINATION FORM (INTERIM) NAVIGABLE WATERS PROTECTION RULE D. Excluded Waters or Features Excluded waters ((b)(1) — (b)(12)):4 Exclusion Name Exclusion Size Exclusions Rationale for Exclusion Determination SCF1 .26 acre(s) (b)(10) Stormwater control feature constructed or excavated in upland or in a non -jurisdictional water to convey, treat, infiltrate, or store stormwater runoff Stormwater Control Feature 1 is an isolated artificial stormwater control feature that was constructed in the uplands sometime between 1998 and 2001, according to a review of historical aerial imagery. There is no direct hydrologic connection to downstream waters. D1 100 linear feet (b)(5) Ditch that is not an (a)(1) or (a)(2) water, and those portions of a ditch constructed in an (a)(4) water that do not satisfy the conditions of (c)(1). Ditch 1 is a man-made feature constructed in the uplands - berms are present along each side of the ditch. There is no evidence that D1 was constructed in or is a relocated tributary. It is not present on USGS maps. S1 receives water from D1. III. SUPPORTING INFORMATION A. Select/enter all resources that were used to aid in this determination and attach data/maps to this document and/or references/citations in the administrative record, as appropriate. Information submitted by, or on behalf of, the applicant/consultant: Data Forms (2/23/2021) This information is sufficient for purposes of this AJD. Rationale: N/A ❑ Data sheets prepared by the Corps: Title(s) and/or date(s). ❑x Photographs: Aerial: 2021 Nearmap Aerial ❑ Corps site visit(s) conducted on: Date(s). ❑ Previous Jurisdictional Determinations (AJDs or PJDs): ORM Number(s) and date(s). ❑x Antecedent Precipitation Tool: provide detailed discussion in Section III.B. ❑x USDA NRCS Soil Survey: NRCS Soil Survey, Cumberland County, Current ❑x USFWS NWI maps: HUC 8 - 03030004 NWI Wetlands ❑x USGS topographic maps: Vander (1:12,000) Other data sources used to aid in this determination: Data Source (select) Name and/or date and other relevant information USGS Sources N/A. USDA Sources N/A. NOAA Sources N/A. USACE Sources N/A. 4 Some excluded waters, such as (b)(2) and (b)(4), may not be specifically identified on the AJD form unless a requestor specifically asks a Corps district to do so. Corps districts may, in case -by -case instances, choose to identify some or all of these waters within the review area. 5 Because of the broad nature of the (b)(1) exclusion and in an effort to collect data on specific types of waters that would be covered by the (b)(1) exclusion, four sub -categories of (b)(1) exclusions were administratively created for the purposes of the AJD Form. These four sub -categories are not new exclusions, but are simply administrative distinctions and remain (b)(1) exclusions as defined by the NWPR. Page 3 of 4 Form Version 10 June 2020 U.S. ARMY CORPS OF ENGINEERS REGULATORY PROGRAM APPROVED JURISDICTIONAL DETERMINATION FORM (INTERIM) NAVIGABLE WATERS PROTECTION RULE Data Source (select) Name and/or date and other relevant information State/Local/Tribal Sources N/A. Other Sources N/A. B. Typical year assessment(s): The Antecedent Precipitation Tool assessed the project area for February 23, 2021 as "Wetter than Normal" (See attached PDF). Features were primarily assessed based on the presence of a OHWM, not the presence or absence of surface or groundwater. C. Additional comments to support AJD: J/A Page 4 of 4 Form Version 10 June 2020 U.S. Fish & Wildlife Service Project Review Checklist Step Item Required Date completed/ Notes 1 and 2 Official Species List from IPaC (will include map showing the action area) Yes 3/29/2021 3 NCDENER-Heritage Program database results or correspon- dence. If Applicable 3/29/2021 4 Habitat Assessments or Species Surveys If Applicable 2/23/2021 6 Bald Eagle Conclusion Table Yes 3/29/2021 7 NLEB Yes 3/29/2021 8 Species Conclusion Table Yes 3/29/2021 9 Online project review request letter or Online project review certification letter Yes 3/29/2021 10 Other documentation to support your conclusions If Applicable 3/29/2021 Instructions Submit project review packages electronically to Raleigh@fws. gov. Please indicate in your email subject title if you are submit- ting a "Review Request Letter" or a "Self -Certification Letter." All project reviews will receive a return receipt to inform you that your project has been successfully submitted to this office. Please note that any single email, including attachments, must be smaller than 25 MB. If a single email would be larger than 25 MB, please spread out multiple attachments among several emails (use the same subject name and project reference in all emails related to an individual project). If this is not practical, please mail a hard copy or DVD containing the project review package to our office: Raleigh Field Office P.O. Box 33726 Raleigh, NC 27636-3726 Maintain a complete copy of the project review package in your files since it will become an integral part of your official record of compliance. Contact us If you have questions or comments concerning this process, please contact Leigh Mann at (919) 856-4520 extension 10 or via email at Raleigh@fws.gov http://Raleigh.fws.gov Federal Relay Service for the deaf and hard -of -hearing 1 800/877 8339 U.S. Fish and Wildlife Service http://www.fws.gov 1 800/344 WILD January 2017 Kimley»>Horn March 29, 2021 Raleigh Field Office U.S. Fish and Wildlife Service P.O. Box 33726 Raleigh, NC 27636 Re: WNC6 Fayetteville Site Fayetteville, Cumberland County, North Carolina Project Review Certification Letter USFWS Raleigh Field Office, On behalf of our client, NC Fayetteville Fort Worth, 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 survey was conducted by Kimley-Horn staff Jason Hartshorn and Mackenzie Richards on February 23, 2021. Background Information The project is located on a parcel that consists of a warehouse building and associated area in Fayetteville, Cumberland County, North Carolina. The area evaluated consists of undeveloped forested land, a stream, a stormwater detention pond, warehouse building, associated parking areas, and access roads. Future authorization from the US Army Corps of Engineers (USACE) may be required to develop the site within potentially jurisdictional waters of the U.S.; therefore, NC Fayetteville Fort Worth, LLC, contracted with Kimley-Horn to perform the pedestrian survey within areas of potentially suitable habitat in the project area to identify and document occurrences of federally listed threatened and/or endangered species. Methodology and Findings As of March 29, 2021, the United States Fish and Wildlife Service (USFWS) lists six (6) federally protected species for Cumberland 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 protected listed species for Cumberland Count Scientific Name Common Name Federal Status Habitat Present Biological Conclusion Picoides borealis Red cockaded Woodpecker E No No Effect Neonympha mitchellii francisci Saint Francis' Satyr Butterfly E No No Effect Schwalbea americana American Chaffseed E No No Effect Rhus michauxii Michaux's sumac E No No Effect Lindera melissifolia Pondberry E No No Effect Lysimachia asperulaefolia Rough -leaved Loosestrife E No No Effect *E = Endangered, T = Threatened kimley-horn.com 200 South Tryon Street, Suite 200, Charlotte, NC 28202 704-333-5131 Kimley»>Horn Red -cockaded Woodpecker USFWS Optimal Survey Window: November — early March Page 2 Habitat Description: Red -cockaded woodpecker's need old, living pine trees for their nest cavities. These pine trees must be over 60 years old for suitable cavity construction. The Red -cockaded woodpecker prefers longleaf, loblolly, shortleaf, slash, and pond pine trees. Biological Conclusion: Potentially suitable habitat for Red -cockaded woodpecker is not present on the subject property. A review of NCNHP records, updated February 1, 2021, indicates no known occurrences within 1.0 mile of the subject property. Due to the absence of suitable habitat, the project results in a "no effect" conclusion. Saint Francis' Satyr Butterfly USFWS Optimal Survey Window: May 5 - June 6 and July 26 - August 21 Habitat Description: The Saint Francis' Satyr Butterfly is found only in Cumberland and Hoke counties. The butterfly prefers wet meadows maintained by fire and beaver. Vegetation of these meadows consist primarily of sedges. In addition to disturbances created by fire and beaver, military practices at Fort Bragg allow for a metapopulation of the butterfly to flourish. Biological Conclusion: No Effect Potentially suitable habitat for Sant Francis' Satyr butterfly is not present on the subject property. A review of NCNHP records, updated February 1, 2021, indicates no known occurrences within 1.0 mile of the subject property. Due to the absence of suitable habitat, the project results in a "no effect" conclusion. American Chaffseed USFWS Optimal Survey Window: May — August Habitat Description: American chaffseed grows in sandy acidic, seasonally moist to dry soils in the coastal plain. The species prefers fire -maintained savannas, moist pine flatwoods, and other open grass ecosystems. American chaffseed is partially dependent upon another plant as a host, however, it is not host specific. The species relies on fire -maintained ecosystems and it thrives in open areas, such as the margin of forests. Biological Conclusion: No Effect Potentially suitable habitat for American chaffseed is not present on the subject property. A review of NCNHP records, updated February 1, 2021, indicates no known occurrences within 1.0 mile of the subject property. Due to the absence of suitable habitat, the project results in a "no effect" conclusion. Michaux's Sumac USFWS Optimal Survey Window: May - October Habitat Description: Michaux's sumac, endemic to the inner Coastal Plain and lower Piedmont, grows in sandy or rocky, open, upland woods on acidic or circumneutral, well -drained sands or sandy loam soils with low cation exchange capacities. The species is also found on sandy or submesic loamy swales and depressions in the fall line Sandhills region as well as in openings along the rim of Carolina bays; maintained railroad, roadside, power line, and utility rights -of -way; areas where forest canopies have been opened up by blowdowns and/or storm damage; small wildlife food plots; abandoned building sites; under sparse to moderately dense pine or pine/hardwood kimley-horn.com 200 South Tryon Street, Suite 200, Charlotte, NC 28202 704-333-5131 Kimley»>Horn Page 3 canopies; and in and along edges of other artificially maintained clearings undergoing natural succession. In the central Piedmont, it occurs on clayey soils derived from mafic rocks. The plant is shade intolerant and, therefore, grows best where disturbance (e.g., mowing, clearing, grazing, periodic fire) maintains its open habitat. Biological Conclusion: No Effect Potentially suitable habitat for Michaux's sumac is not present on the subject property. A review of NCNHP records, updated February 1, 2021, indicates no known occurrences within 1.0 mile of the subject property. Due to the absence of suitable habitat, the project results in a "no effect" conclusion. Pondberry USFWS Optimal Survey Window: February - March, September — October Habitat Description: In North Carolina, Pondberry is found in Sampson and Cumberland counties. The species grows in bottomland and hardwood wetlands and around the margins of sinks, ponds, and other depressions in coastal areas. Biological Conclusion: No Effect Potentially suitable habitat for Pondberry is not present on the subject property. A review of NCNHP records, updated February 1, 2021, indicates no known occurrences within 1.0 mile of the subject property. Due to the absence of suitable habitat, the project results in a "no effect" conclusion. Rough -leaved Loosestrife USFWS Optimal Survey Window: Mid May — September Habitat Description: Rough -leaved loosestrife is a perennial herb that grows in moist areas between dry pine forests and wet grassy areas. The species prefers moist to seasonally saturated sands. Rough -leaved loosestrife thrives in fire -maintained ecosystems and does not tolerate shade. It is mainly found along the coastal plain and in the sandhills of North and South Carolina. Biological Conclusion: No Effect Potentially suitable habitat for Rough -leaved loosestrife is not present on the subject property. A review of NCNHP records, updated February 1, 2021, indicates no known occurrences within 1.0 mile of the subject property. Due to the absence of suitable habitat, the project results in a "no effect" conclusion. Bald Eagle and Golden Eagle Protection Act USFWS optimal survey window: November - 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 March 29, 2021 using 2021 color aerials. No large bodies of open water were identified in the 1.13-mile radius. In addition, a review of the NCNHP database, updated on February 1, 2021, 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 on -site, it has been determined that the proposed project will not affect this species. Biological Conclusion: No Effect kimley-horn.com 200 South Tryon Street, Suite 200, Charlotte, NC 28202 704-333-5131 Kimley»>Horn Statement of Qualifications: Investigator: Jason Hartshorn, PWS Education: B.S. Environmental Technology, 2011 Experience: Environmental Analyst, Kimley-Horn and Associates, Inc. 2011-Present Responsibilities: Quality assurance/quality control (QA/QC) for project deliverables Investigator: Mackenzie Richards Education: B.S. Natural Resources — Ecosystem Assessment, 2015; M.S. Renewable Natural Resource - Fisheries and Aquaculture, 2017 Experience: Environmental Analyst, Kimley-Horn and Associates, Inc. 2018-Present Responsibilities: Document preparation, GPS/GIS, wetland and stream delineations Page 4 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 kimley-horn.com 200 South Tryon Street, Suite 200, Charlotte, NC 28202 704-333-5131 3/29/2021 IPaC: Explore Location resources 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 trust resources) under the U.S. Fish and Wildlife Service's (USFWS) jurisdiction that are known or expected to be on or near the project area referenced below. The list may also include trust resources that occur outside of the project area, but that could potentially be directly or indirectly affected by activities in the project area. However, determining the likelihood and extent of effects a project may have on trust resources typically requires gathering additional site -specific (e.g., vegetation/species surveys) and project -specific (e.g., magnitude and timing of proposed activities) information. Below is a summary of the project information you provided and contact information for the USFWS office(s) with jurisdiction in the defined project area. Please read the introduction to each section that follows (Endangered Species, Migratory Birds, USFWS Facilities, and NWI Wetlands) for additional information applicable to the trust resources addressed in that section. Location Cumberland County, North Carolina Local office Raleigh Ecological Services Field Office k. (919) 856-4520 fi (919) 856-4556 MAILING ADDRESS Post Office Box 33726 Raleigh, NC 27636-3726 PHYSICAL ADDRESS 551 Pylon Drive, Suite F https://ecos.fws.gov/ipac/location/S6LM763J 15H DBGCRSMM74A3DSQ/resources 1/12 3/29/2021 IPaC: Explore Location resources Raleigh, NC 27606-1487 •cb-s\c' Gios"� ,� FOB �O https://ecos.fws.gov/ipac/location/S6LM763J 15H DBGCRSMM74A3DSQ/resources 2/12 3/29/2021 IPaC: Explore Location resources 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. Login (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. IPaC only shows species that are regulated by USFWS (see FAQ). 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: Birds NAM E STATUS https://ecos.fws.gov/ipac/location/S6LM763J15HDBGCRSMM74A3DSQ/resources 3/12 3/29/2021 IPaC: Explore Location resources Red -cockaded Woodpecker Picoides borealis Wherever found No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/7614 Reptiles NAME American Alligator Alligator mississippiensis Wherever found No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/776 Clams Endangered STATUS SAT NAME STATUS Atlantic Pigtoe Fusconaia masoni Proposed Threatened Wherever found IJ There is proposed critical habitat for this species. The location of the critical habitat is not available. https://ecos.fws.gov/ecp/species/5164 Insects NAME STATUS Saint Francis' Satyr Butterfly Neony pha mitchellii francisci Endangered Wherever found No critical habitat has been designated for this species. https://eco fCvs.go ecp/species/5419 loalorak Flowering Plants NAME STATUS American Chaffseed Schwalbea americana Wherever found No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/1286 Michaux's Sumac Rhus michauxii Wherever found No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/5217 Endangered Endangered https://ecos.fws.gov/ipac/location/S6LM763J15HDBGCRSMM74A3DSQ/resources 4/12 3/29/2021 IPaC: Explore Location resources Pondberry Lindera melissifolia Wherever found No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/1279 Rough -leaved Loosestrife Lysimachia asperulaefolia Wherever found No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/2747 Critical habitats Endangered Endangered Potential effects to critical habitat(s) in this location must be analyzed along with the endangered species themselves. THERE ARE NO CRITICAL HABITATS AT THIS LOCATION. Migratory birds •ci'b% C..\)\114. 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 1. The Miggot,v. Birelt Act of 1918. 2. The Ban 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/ 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 https://ecos.fws.gov/ipac/location/S6LM763J15HDBGCRSMM74A3DSQ/resources 5/12 3/29/2021 IPaC: Explore Location resources 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. NAME BREEDING SEASON (IFA American Kestrel Falco sparverius paulusre% This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions (BCRs) in the continental USA Eastern Whip -poor -will Antrostomus vociferus This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Prairie Warbler Dendroica discolor This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Prothonotary Warbler Protonotaria citrea This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Red-headed Woodpecker Melanerpes erythrocephalus This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Wood Thrush Hylocichla mustelina This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. BREEDING SEASON IS INDICATED FOR A BIRD ON YOUR LIST, THE BIRD MAY BREED IN YOUR PROJECT AREA SOMETIME WITHIN THE TIMEFRAME SPECIFIED, 16 WHICH IS A VERY LIBER ESTIMATE OF THE DATES INSIDE WHICH THE BIRD BREEDS likCROSS ITS ENTIRE RANGE. "BRADS ELSEWHERE" INDICATES THAT THE BIRD DOES NOT LIKELY BREED IN YOUR PROJECT AREA.) Breeds Apr 1 to Aug 31 Breeds May 1 to Aug 20 Breeds May 1 to Jul 31 Breeds Apr 1 to Jul 31 Breeds May 10 to Sep 10 Breeds May 10 to Aug 31 https://ecos.fws.gov/ipac/location/S6LM763J15HDBGCRSMM74A3DSQ/resources 6/12 3/29/2021 IPaC: Explore Location resources 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. m.4%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. IF4,00 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. 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. https://ecos.fws.gov/ipac/location/S6LM763J15HDBGCRSMM74A3DSQ/resources 7/12 3/29/2021 IPaC: Explore Location resources - probability of presence breeding season I survey effort — no data SPECIES American Kestrel JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC ++++ +1++ ++++ 4 I I I- ++++ +++-I 1 I 1 I- ++++ ++++ ++++ ++++ ++++ BCC - BCR (This is a .---- ilMh. A._ ____ NMI. Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions (BCRs) in the continental USA) Eastern Whip - poor -will BCC Rangewide (CON) (This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska.) Prairie Warbler BCC Rangewide (CON) (This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska.) Prothonotary Warbler BCC Rangewide (CON) (This is a Bird of Conservation Concirn (BCC) throughout its range in the continental USA and Alaska.) Red-headed Woodpecker BCC Rangewide (CON) (This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska.) ++++ ++++ ++++ ++++ +I 11 1 1 1 1 ! I I I II 1-+ ++++ ++++ ++++ ++++ 11%011111 ++++ ++++ +$++ IA+ ++I+ ++++ ++ SO ++I+ ++++ ++++ ++++ 106 do ++ „H, 1iii 11111++++++++++++++++++++ ciC +1 +0++ 0+++ ++++ +Ill 1111 1111 iiii 1111 1+1+ ++++ ++++ ++++ https://ecos.fws.gov/ipac/location/S6LM763J15HDBGCRSMM74A3DSQ/resources 8/12 3/29/2021 IPaC: Explore Location resources ++++ ++++ ++++ +•++ ++II I+++ ++I+ ++++ ++++ ++++ ++++ ++++ Wood Thrush BCC Rangewide (CON) (This is a Bird of Conservation Concern (BCC) throughout its range in the continental 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 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. N#\ %lam° 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 „wa' 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? 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. https://ecos.fws.gov/ipac/location/S6LM763J15HDBGCRSMM74A3DSQ/resources 9/12 3/29/2021 IPaC: Explore Location resources 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 throughithe NOAA NCCOS Integrative Statistical Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic Outer Continental Shelf project webpage. Bird tracking data can also provide additional details about occurrence and habitat use throughout the year, including migration. Models relying on survey data may not include this information. For additional information on marine bird tracking data, see the Diving Bird Study and the nanotag studies or contact Caleb Spiegel or Pam Loring. What if I have eagles on my list? (.6 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. https://ecos.fws.gov/ipac/location/S6LM763J15HDBGCRSMM74A3DSQ/resources 10/12 3/29/2021 IPaC: Explore Location resources Facilities National Wildlife Refuge lands Any activity proposed on lands managed by the National Wildlife Refuge system must undergo a 'Compatibility Determination' conducted by the Refuge. Please contact the individual Refuges to discuss any questions or concerns. THERE ARE NO REFUGE LANDS AT THIS LOCATION. Fish hatcheries THERE ARE NO FISH HATCHERIES AT THIS LOCATION. •cb-s\c' Wetlands in the National Wetlands Inventory Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under Section 404 of the Clean Water Act, or other State/Federal statutes. For more information please contact the Regulatory Program of the local U.S. Army Corps of Engineers District. Please note that the NWI data being shown may be out of date. We are currently working to update our NWI data set. We recommend you verify these results with a site visit to determine the actual extent of wetlands on site. This location overlaps the following wetlands: FRLH�U TER FORESTED/SHRUB WETLAND PFO1 C RIVERINE R5UBH A full description for each wetland code can be found at the National Wetlands Inventory website 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. https://ecos.fws.gov/ipac/location/S6LM763J15HDBGCRSMM74A3DSQ/resources 11/12 3/29/2021 IPaC: Explore Location resources 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 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 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 proprietary jurisdiction of any Federal, state, or local government or to establish the geographical scope of the regulatory programs of government agencies. Persons intending to engage in activities involving modifications within or adjacent to wetland areas should seek the advice of appropriate federal, state, or local agencies concerning specified agency regulatory programs and proprietary jurisdictions that may affect such activities. o-s https://ecos.fws.gov/ipac/location/S6LM763J15HDBGCRSMM74A3DSQ/resources 12/12 ■ ■m —E■~■ NC DEPARTMENT OF ■ EI= NATURAL AN❑ CULTURAL RESOURCES ■.■■■ March 29, 2021 Taylor Kiker Kimley-Horn 200 South Tryon Street Charlotte, NC 28202 RE: WNC6 Fayetteville Dear Taylor Kiker: Roy Cooper, Governor D. Reid Wilson, Secretary Walter Clark Director, Division of Land and Water Stewardship NCNHDE-14324 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, Land and Water 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 rodney.butler@ncdcr.gov or 919-707-8603. Sincerely, NC Natural Heritage Program DEPARTMENT OF NATURAL AND CULTURAL RESOVRCES Q 121 W. JONES STREET. RALEIGH. NC 27603 • 16S1 MAIL SERVICE CENTER. RALEIGH. NC 27699 OFC 'M9.707.9120 • FAX 919.707.9121 Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One -mile Radius of the Project Area WNC6 Fayetteville March 29, 2021 NCNHDE-14324 Element Occurrences Documented Within a One -mile Radius of the Taxonomic Group Dragonfly or 33195 Damselfly Dragonfly or 33740 Somatochlora Damselfly georgiana Dragonfly or 33780 Stylurus ivae Damselfly Freshwater 37335 Lampsilis sp. 2 Bivalve Natural Community Vascular Plant EO ID Scientific Name Common Name Gomphurus septima Septima's Clubtail Coppery Emerald Shining Clubtail Chameleon Lampmussel 28433 Mesic Mixed Hardwood --- Forest (Coastal Plain Subtype) 22821 Crataegus munda Batesburg Hawthorn Project Area Last Element Accuracy servation Occurrence Date Rank 1986-04-12 H 3-Medium Vascular Plant 8142 Gelsemium rankinii Swamp Jessamine Natural Areas Documented Within a One -mile Radius of the Project Area Site Name CPF/Upper Cape Fear River Aquatic Habitat Cape Fear Botanical Garden 2004-Pre 2004-Pre 2015-06-16 2000-06-29 H? 5-Very Low H? 5-Very Low E 3-Medium B 2-High 1933-04-28 H 5-Very Low 1930-04-01 H 5-Very Low Representational Rating R2 (Very High) R5 (General) Managed Areas Documented Within a One -mile Radius of the Project Area Managed Area Name NC Land and Water Fund Project Cape Fear Botanical Garden NC Land and Water Fund Project Owner NC DNCR, NC Land and Water Cape Fear Botanical Garden NC DNCR, NC Land and Water Collective Rating C3 (High) C5 (General) Owner Type Fund State Private Fund State Federal Status State Global State tatus Rank Rank Significantly G3 S3 Rare Significantly G3G4 S1? Rare Significantly G4 S1? Rare Significantly G2 S2 Rare G3 S3 Significantly G4G5 S2? Rare Throughout Special G5 S1S2 Concern Vulnerable Definitions and an explanation of status designations and codes can be found at https://ncnhde.natureserve.org/help. Data query generated on March 29, 2021 resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database. source NCNHP, Q4 January 2021. Please Page 2 of 3 ooss Creel, 4°am at i g z r€ ITT Ik,. n st y a-�- East card,rwi �,r >> m' Fayetteville S ., f AF P NCNHDE-14324: WNC6 Fayetteville March 29, 2021 Project Boundary Buffered Project Boundary 1:3 NHP Natural Area (NHNA) Managed Area (MAREA) Simon St pow to M St 0 0.175 1 s ' 0 0.3 Downing Rd 1:22,635 0.35 0.6 0.7 mi 1.2 km Sources' Esri, HERE, Garmia, Intermap, increment P Corp_. GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esn Japan, METI, Esri China (Hong Kong), (c) OpenStreetMap contributors, and the GIS User Community Page 3 of 3 NA Feet 4,000 8,000 u l Cumberland County Legend Kimley>>> Horn J Approximate Site Boundary Cumberland County Figure 1 Vicinity Map WNC6 Fayetteville Site Fayetteville, NC Legend n Approximate Site Boundary Kimley>» Horn Figure 2 USGS Topographic (Vander) Map WNC6 Fayetteville Site Fayetteville, NC InApproximate Site Boundary Kimley»>Horn 1,000 2,000 Feet Figure 3 Aerial Map WNC6 Fayetteville Site Fayetteville, NC Photo Pas e 1 Photo 1 — Maintained grass area on -site Photo 2 — Maintained grass area on -site Title Project Photo Pages WNC6 Fayetteville Site Fayetteville, Cumberland County, North Carolina Date 2/23/21 Project Number 115243003 Prepared By Kimley »Horn Photo Page 2 Photo 3 — Perennial stream on -site Photo 4 — Maintained grass area on -site and stream crossing Title Photo Pages Project WNC6 Fayetteville Site Fayetteville, Cumberland County, North Carolina Prepared By Date Project Number 2/23/21 115243003 Kimley »Horn Kimley»>Horn March 29, 2021 Ms. Renee Gledhill -Earley Environmental Review Coordinator North Carolina State Historic Preservation Office 4617 Mail Service Center Raleigh, North Carolina 27699-4617 Re: WNC6 Fayetteville Site Fayetteville, Cumberland County, North Carolina Dear Ms. Gledhill -Earley, Kimley-Horn is writing this letter on behalf of our client, NC Fayetteville Fort Worth, LLC, 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 Fayetteville, North Carolina. The proposed project site is located 1005 Dunn Road in Fayetteville, Cumberland County, North Carolina (Figures 1-3). The proposed project seeks a parking lot expansion. 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 kimley-horn.com 200 South Tryon Street, Suite 200, Charlotte, NC 28203 704 333 5131 NA Feet 4,000 8,000 u l Cumberland County Legend Kimley>>> Horn J Approximate Site Boundary Cumberland County Figure 1 Vicinity Map WNC6 Fayetteville Site Fayetteville, NC Legend n Approximate Site Boundary Kimley>» Horn Figure 2 USGS Topographic (Vander) Map WNC6 Fayetteville Site Fayetteville, NC InApproximate Site Boundary Kimley»>Horn 1,000 2,000 Feet Figure 3 Aerial Map WNC6 Fayetteville Site Fayetteville, NC