Loading...
HomeMy WebLinkAbout20190863 Ver 1_401 Application_20210504DWR Division of Water Resources Initial Review Pre -Construction Notification (PCN) Form October 26, 2020 Ver 3.3 Has this project met the requirements for acceptance in to the review process?* 6 Yes ✓ No Is this project a public transportation project?* CYes r No Change cnly 1 needed. BIMS # Assigned* Version#* 20190863 1 Is a payment required for this project?* ✓ No payment required 6 Fee received ✓ Fee needed - send electronic notification Select Project Reviewer* Erin Davis:eads\ebdavis Information for Initial Review la. Name of project: Oak Hill Dairy Mitigation Site la. Who is the Primary Contact?* Lin Xu lb. Primary Contact Email:* lin.xu@ncdenr.gov Date Submitted 5/4/2021 Nearest Body of Water Indian Creek Basin Catawba Water Classification Class C Site Coordinates Latitude: 35.403670 Pre -Filing Meeting Information ID# 20190863 Pre -fling Meeting or Request Date* 11/30/2020 Longitude: -81.351360 Attach documentation of Pre -Filing Meeting Request here:* DWR Pre -Filing Meeting Request Form.pdf Reviewing Office * Central Office - (919) 707-9000 lc. Primary Contact Phone:* (919)707-8319 Version 1 52.28KB A. Processing Information County (or Counties) where the project is located: Gaston Is this a NCDMS Project ✓ Yes r No Is this project a public transportation project?* ✓ Yes r No la. Type(s) of approval sought from the Corps: 7 Section 404 Permit (wetlands, streams and waters, Clean Water Act) I— Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) Has this PCN previously been submitted?* ✓ Yes r No 1b. What type(s) of permit(s) do you wish to seek authorization? I7 Nationwide Permit (NWP) n Regional General Permit (RGP) n Standard (IP) lc. Has the NWP or GP number been verified by the Corps? ✓ Yes r No Nationwide Permit (NWP) Number: 27 - Restoration NWP Numbers (for multiple NWPS): Id. Type(s) of approval sought from the DWR: I7 401 Water Quality Certification - Regular n Non-404 Jurisdictional General Permit n Individual Permit 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 ( No r" 401 Water Quality Certification - Express r" Riparian Buffer Authorization lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? ✓ Yes rNo lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? ✓ Yes rNo Acceptance Letter Attachment Approval Letter_Oak Hill Dairy SAW-2019-00833.pdf 209.69KB 1h. Is the project located in any of NC's twenty coastal counties? ✓ Yes ( No 1j. Is the project located in a designated trout watershed? ✓ Yes r No B. Applicant Information Id. Who is applying for the permit? n Owner 17 Applicant (other than owner) le. Is there an Agent/Consultant for this project?* ✓ Yes r No 2. Owner Information 2a. Name(s) on recorded deed: Cameron Rusty Eaker JR & Cameron Rusty Eaker SR 2b. Deed book and page no.: DB: 5174 PG: 1281 2c. Responsible party: ✓ Yes r No ✓ Yesr No 2d. Address Street Address 610 Roy Eaker Road Address Line 2 Oty State / Province / Region Cherryville North Carolina Postal / Zip code Country 28021 United States 2e. Telephone Number: 2f. Fax Number: (704)472-8820 2g. Email Address:* eakerdairy@yahoo.com 2a. Name(s) on recorded deed: Harold R. and Patsy E. Lineberger & Cameron Rusty Eaker SR 2b. Deed book and page no.: DB: 1898 PG: 658 2c. Responsible party: 2d. Address Street Address 2400 Hudson Poultry Road Address Line 2 (Sty State / Province / Region Iron Station North Carolina Postal / Zip Code Country 28021 United States 2e. Telephone Number: 2f. Fax Number: (704)472-8820 2g. Email Address:* eakerdairy@yahoo.com 2a. Name(s) on recorded deed: Cameron Rusty Eaker Jr & Cameron Rusty Eaker SR 2b. Deed book and page no.: DB: 4949 PG: 1803 2c. Responsible party: 2d. Address Street Address 542 Roy Eaker Road Address Line 2 lay State / Province / Region Cherryville North Carolina Postal / ZZp Code Country 28021 United States 2e. Telephone Number: 2f. Fax Number: (704)472-8820 2g. Email Address:* eakerdairy @yahoo . co m 2a. Name(s) on recorded deed: Cameron Rusty Eaker Jr & Cameron Rusty Eaker SR 2b. Deed book and page no.: DB: 4949 PG: 1803 2c. Responsible party: 2d.Address Street Address 534 Roy Eaker Road Address Line 2 aty State / Province / Region Cherryville North Carolina Postal / ZZp Cade Country 28021 United States 2e. Telephone Number: (704)472-8820 2f. Fax Number: 2g. Email Address:* e a ke rd a i ry@yahoo . co m 3. Applicant Information (if different from owner) 3a. Name: Lin Xu 3b. Business Name: NCDEQ - DMS 3c. Address Street Address 217 W. Jones St, Suite 3000A Address Line 2 aty State/ Rovince / Legion Raleigh North Carolina Postal / Zip code Country 27603 United States 3d. Telephone Number: 3e. Fax Number: (919)707-8319 3f. Email Address:* lin.xu@ncdenr.gov 4. Agent/Consultant (if applicable) 4a. Name: Jordan Hessler 4b. Business Name: Wildlands Engineering, Inc. 4c.Address Street Address 167-B Haywood Road Address Line 2 Qly State / Bovine/ legion Asheville North Carolina fetal / ZZp Code Country 28806 United States 4d. Telephone Number: 4e. Fax Number: (828)551-8582 4f. Email Address:* jhessler@wildlandseng.com Agent Authorization Letter* Agent_Authorization.pdf 1.23MB C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (if appropriate) lc. Nearest municipality/ town: Cherryville 2. Project Identification 2a. Property Identification Number: 2691900340, 2690891706, 2690798897, 3601000464 2c. Project Address 2b. Property size: 57 (Assessment Area) Street Address 610 Roy Eaker Road Address Line 2 aty State/ Rovince / legion Cherryville North Carolina Postal / Zip Code Country 28021 United States 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* Indian Creek 3b. Water Resources Classification of nearest receiving water:* Class C 3c. What river basin(s) is your project located in?* Catawba 3d. Please provide the 12-digit HUC in which the project is located. 030501020502 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 project area is located within a rural watershed in northwest Gaston County, NC. Land use in and immediately adjacent to the project area consists of agriculture, pasture, forest, and rural residential. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?* r Yes 6 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) OHC_USGSTopoMap.pdf 932.73KB 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) OHC_SoilsMap.pdf 3.16MB 4f. List the total estimated acreage of all existing wetlands on the property: 2.568 4g. List the total estimated linear feet of all existing streams on the property: 5,337 4h. Explain the purpose of the proposed project:* The project proposes to restore, enhance, and preserve 6 unnamed tributaries to Indian Creek and to re-establish and rehabilitate wetlands, and treat points of concentrated agricultural runoff using Best Management Practices (BMP). For this project, unnamed tributaries are referred to as Oak Hill Creek, UT1, UT1A, UT1 B, UT2, UT3. The project will generate stream and wetland credits within the Catawba River Basin 03050102. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* The project proposes approximately 5,037 LF of stream restoration, Enhancement I, and Enhancement II. The project also proposed 9.429 acres of wetland re-establishment, wetland rehabilitation, and wetland creation. Stream restoration will be achieved through natural channel design. Stream restoration activities include Priority 1 and Priority 2 approaches. Priority 1 restoration will involve the excavation of new channels within the existing floodplain and Priority 2 sections of the channel will be constructed where needed to transition grade from existing to proposed elevations. Both approaches will include the installation of in -stream structures including constructed riffles, brush toe, log j-hooks, rock j-hooks, log sills, and rock sills. Wetland re-establishment, rehabilitation, and creation will be achieved through a combination of floodplain excavation and the filling of existing ditches. Post -construction the project area will be planted with native riparian buffer and wetland species. Excavators will be used for channel and floodplain excavation as well as for bank grading, while articulated and track trucks will be used for hauling soil. Small equipment such as mini excavators and skid steers may also be used during grading activities. A conservation easement has been recorded in the project area. 4j. Please upload project drawings for the proposed project. 4j Combined.pdf 12.32MB 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* s Yes Comments: r No O Unknown 5b. If the Corps made a jurisdictional determination, what type of determination was made?* s Preliminary r Approved r Not Verified r Unknown r N/A Corps AID Number: SAW-2019-00833 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Ian Eckardt and Jordan Hessler Agency/Consultant Company: Other: Wildlands Engineering, Inc. 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR The Preliminary Jurisdictional Determination was issued by Krysta Stygar of the USAGE on 12/7/2020 and is included in Appendix 3 of the Mitigation Plan. 5d1. Jurisdictional determination upload 6. Future Project Plans 6a. Is this a phased project?* r Yes n 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 #* (?) 2a1 Reason (?) 2b. Impact type* (?) 2c. Type of W.* 2d. W. name* 2e. Forested* 2f. Type of Jurisdicition*(?) 2g. Impact area* W1 Stream relocation/Excavation/Fil I P Bottomland Hardwood Forest A No Both 0.257 (acres) W2 Stream and Wetland Grading T Bottomland Hardwood Forest A No Both 1.945 (acres) W3 Stream realignment and wetland grading P Bottomland Hardwood Forest B No Both 0.014 (acres) W4 Floodplain grading T Bottomland Hardwood Forest B No Both 0.125 (acres) W5 Floodplain grading T Bottomland Hardwood Forest C Yes Both 0.021 (acres) W6 Floodplain grading T Bottomland Hardwood Forest D Yes Both 0.028 (acres) W7 Stream realignment P Bottomland Hardwood Forest F No Both 0.014 (acres) W8 Stream and Floodplain Grading T Bottomland Hardwood Forest F No Both 0.117 (acres) W9 Stream realignment P Bottomland Hardwood Forest J No Both 0.047 (acres) W10 Fill P Bottomland Hardwood Forest K No Both 0.000 (acres) 2g. Total Temporary Wetland Impact 2.236 2g. Total Wetland Impact 2.568 2g. Total Permanent Wetland Impact 0.332 2h. Comments: Impacts to wetlands are needed to conduct mitigation activities and will result in an increase in resource function and acreage. Wetland K acreage is 0.0004 3. Stream Impacts 3a. Reason for impact (7) 3b.Impact type* 3c. Type of impact* 3d. S. name* 3e. Stream Type* (?) 3f. Type of Jurisdiction* 3g. S. width* 3h. Impact length* S1 Restoration Permanent Relocation Oak Hill Creek Perennial Both 19 2,451 Average (feet) (linear feet) S2 Restoration Permanent Relocation UT1 Perennial Both 12 Average (feet) 1,958 (linear feet) S3 Restoration Permanent Relocation Ur1A Perennial Both 10 Average (feet) 455 (ling feet) S4 Tie in grading and minor bank grading Temporary Bank Stabilization UT1B Perennial Both 5 Average(feet) 89 (linear feet) S5 Restoration Permanent Relocation UT2 Perennial Both 6 Average (feet) 21 (linear feet) S6 Replace culvert in existing footprint Temporary Culvert UT2 Perennial Both 6 Average (feet) 37 (linear feet) S7 Restoration Permanent Relocation UT3 Perennial Both 6 Average (feet) 12 (linear feet) S8 Replace Culvert in existing footprint Temporary Culvert UT3 Perennial Both 6 Average (feet) 55 (linear feet) 3i. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 4,897 3i. Total stream and ditch impacts: 672 3i. Total temporary stream impacts: 181 3j. Comments: Impacts and restoration and stabilization activities that will result in an increase in resource function. Please note total stream and ditch impacts should be 5,078 LF. 3i on the form calculates the total stream and ditch impacts incorrectly. E. Impact Justification and Mitigation 1. Avoidance and Minimization la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: Due to the nature of mitigation projects, impacts to on -site streams and wetlands are necessary. The project will use natural channel design techniques throughout to have an overall positive impact by restoring stream function and habitat, by improving bed features in the streams and by re- establishing flood storage and connectivity. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Project Construction will be done in the dry as much as possible through of0ine construction in areas of Priority 1 restoration and pumping around Men working in existing online channels. Newly constructed channel banks will be stabilized using biodegradable coir fiber matting, seeding, and planted with native riparian species. Haul roads and access routes to be located on uplands where possible to avoid impacts. Construction activities vrilI follow the guidelines outlined in the NC Erosion and Sediment Control Planning and Design Manual. See plans for additional avoidance measures used to minimize impacts to streams and wetlands. 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 RNo 2b. If this project DOES NOT require Compensatory Mitigation, explain why: Compensatory mitigation is not required for aquatic habitat restoration related activities authorized under the Nationwide 27, since these activities must result in a net increases in aquatic resource functions and services. 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? ✓ Yes r No If no, explain why: The project is located vithin the Catawba River Basin, which only the main stem of the Catawba River is subject to 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?* ✓ Yes f No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? f Yes r No Comments: This project involves the restoration and enhancement of on -site streams as well as the re-establishment, rehabilitation, and creation of on -site wetlands and will not result in an increase in impervious area. Therefore, this is not applicable to the project. 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?* (: Yes r No 1b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State (North Carolina) Environmental Policy Act (NEPA/SEPA)? * P Yes r No lc. If you answered "yes" to the above, has the document review been finalized by the State Clearing House?* P Yes r No NEPA or SEPA Final Approval Letter Oak Hill Dairy_CatEdusion_Checklist.pdf 168.89KB 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)?* ✓ Yes ( 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. This is a stream and wetland mitigation project and will not cause an increase in development nor will it negatively impact downstream water quality. The project area will be protected in perpetuity from future development through a conservation easement. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* ✓ Yes 6'Nor 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 r No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* P Yes r No 5c. If yes, indicate the USFWS Field Office you have contacted. Asheville 5d. Is another Federal agency involved?* ✓ Yes 5e. Is this a DOT project located within Division's 1-8? ✓ Yes a No ( 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 r No 5h. Does this project involve the construction/installation of a wind turbine(s)?" ✓ Yes P 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 r No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? See the approved Categorical Exclusion Document in the Mitigation Plan for additional information. Approximately 1.24 acres of forested land will be cleared during the construction. Consultation Documentation Upload Oak Hill Dairy_CatExlusion_Checklist.pdf 168.89KB 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?* rYes RNo 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?* See the approved Categorical Exclusion Document in the Mitigation Plan for additional information. 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?* rYes GNo 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* See the approved Categorical Exclusion Document in the Mitigation Plan for additional information. 7c. Historic or Prehistoric Information Upload Oak Hill Dairy_CatE lusion_Checklist.pdf 168.89KB 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain?* F Yes r No 8b. If yes, explain how project meets FEMA requirements: Wildlands is coordinating vdth the Gaston County floodplain administrator to ensure all regulatory requirements are met. A Conditional Letter of Map Revision (CLOMR) application was submitted to Gaston County on January 21, 2021, and a Letter of Map Revision (LOMR) is anticipated after construction. 8c. What source(s) did you use to make the floodplain determination?* Gaston County, NC Firm Panels 3710269100K, 3710360100K, 3710269000J effective 9/28/2007 Miscellaneous Comments Miscellaneous attachments not previously requested. Oak Hill Dairy _100120_MP_2021.pdf OakHillDairy401 FeeMemo.pdf 40.6MB 760.79KB Signature * 17 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: Jordan Hessler Signature Full Name (DMS Signature) Lin Xu DSM Signature Date 5/4/2021 ROY COOPER Governor DIONNE DELLI-GATTI Secretary TIM BAUMGARTNER Director NORTH CAROLINA Environmental Quality MEMORANDUM: TO: Debby Davis FROM: Lin Xu Lx SUBJECT: Payment of Permit Fee 401 Permit Application DATE: May 4, 2021 The Division of Mitigation Services (DMS) is implementing a mitigation project for Oak Hill Dairy Mitigation Site Mitigation Project in Gaston County (DMS IMS # 100120). The activities associated with this restoration project involve stream restoration related temporary stream and wetland impact. To conduct these activities, the DMS must submit a Pre -construction Notification (PCN) Form to the Division of Water Resources (DWR) for review and approval. The DWR assesses a fee of $570.00 for this review. Please transfer $570.00 from DMS Fund # 2984, Account # 535120 to DWR as payment for this review. If you have any questions concerning this matter I can be reached at 919-707-8319. Thanks for your assistance. cc: Erin Davis, DWR LD_E NORTH CAROLINA Department of Environmental Mal 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 LANDOWNER AUTHORIZATION FORM PROPERTY LEGAL DESCRITION: Deed Book: 4949 Page: 1803 County: Gaston Parcel ID Number(s): 158090, 158091, 158213, 198961 Street Address: 534, 542, 604, and 610 Roy Eaker Road, Cherryville, NC 28021 Property Owners (please print): Cameron Rusty Eaker, Jr. and Cameron Rusty Eaker, Sr. The undersigned, registered property owner(s) of the above property, do hereby authorize Wildlands Engineering, Inc. to take all actions necessary for the evaluation of the property as a potential stream, wetland and/or riparian buffer mitigation project, including conducting stream and/or wetland determinations and delineations, as well as issuance and acceptance of any required permit(s) or certification(s). I agree to allow regulatory agencies, including the US Army Corps of Engineers, to visit the property as part of these environmental reviews. Property Owners(s) Address: same (if different from above) Property Owner Telephone Number: 704-472-8820 We hereby certify the above information to be true and accurate to the best of our knowledge. ehlisbt gok2 I (Property Owner Aphorized Signature) (Date) Owner Authorized' nature (Date)(Property g ) ( ) OPTION AGREEMENT This Option Agreement is between Harold R. Lineberger and wife Patsy Lineberger (collectively "Optlonor"), and WIldlands Engineering, Inc., a North Carolina corporation ("Optioned"). Thls agreement will become effective when all parties have signed It (the "Effective Data"). Optionor does hereby give and grant to Optlonee the right and option to purchase a temporary construction easement ("TCE") on a portion of real property located at 201 Robert Road in Cherryville, Gaston County, North Carolina, recorded in that county's Register of Deeds at Book 14E, Page 780 (the "Property"). The TCE is shown on attachment A as Temporary Construction Access Area and Is approximately 0.40 acres. The purpose of the TCE is to facilitate a stream restoration project on real property adjacent to the Property to provide water quality benefits and protect the watershed (the "Project"). Construction access for the Project will be from the Adjacent property. The stream will be relocated off the Property and the old stream bed filled, graded evenly, seeded, strewed, and planted with native hardwood tree saplings. Trees which are on the current banks of the stream and may not survive will be removed. The driveway East of the TCE shall be left in as is or better condition than prior to construction. Within five business days following the Effective Date, Optionee will pay Optionor $500.00 (the "Option Consideration"). The Option Consideration is for Seller granting this Option and for Seller's forbearance in keeping the TCE Area off the market during the Option Term. On or before the first day Optionor begins construction of the Project, Optlonee will pay to Optionor $500.00. Prior to Construction, Optionor and Optionee shall work together to determine if there is an advantage to both parties for Optionee to purchase a Conservation Easement upon all or a portion of the TCE or record a parcel boundary adjustment such that all or a portion of the TCE area is transferred to the Adjacent Property owner. In either case, Optionee shall pay Optionor $30,000.00 per acre for Conservation Easement area or area transferred to the Adjacent Property Owner. Details of any such arrangement will be made after a survey of the Property and Adjacent Property Is complete. This option explr• • December 18, 2020, , -, �.. Mr, a,vArriZer C0 �rNC O n1S X'r a Qo /, (' rl i n m�, 0.-igrol 5 ,arl (Cora e�evvof arr�r�OMm �,r,I�� ,1Qll'I Each party Is s�gning fh�s Agreeme t +n me date stated below that party's signature. ck '4" ' atiq 1 Crxe4y Oit Ver off'k. h Signature Page Follows OPTIONEE: WILDLANDS ENGINEERING, INC., a North Carolina Harold R. Lineberger and wife, Patsy Lineberger corporation By: (Vv.* S'thwn D. Wilkerson, President Date: ! D 2 U f i 2 OPTIONOR: By: /'`0sr!C�/C j1 A Harold R. Lineberger Date: 7--l9 By: / YLine c_Lja2 t?- Pats Lir er B Date: This map is not a certified survey and has not been reviewed by a local government agency for compliance with any applicable land development regulations EAKER CAMERON RUSTY JR & EAKER CAMERON RUSTY SR 2691900380 Gaston County Parcels Property Temporary Construction Easement LINEBERGER HAROLD R & OTHERS 3601000464 girv•WILDLANDS ENGINEERING 0 200 Feet I i i i I Attachment A - Harold Lineberger PIN 3601000464 Catawba River Basin (03050102) Gaston County, NC 1/3/2019 pstrickland Project Parcels 1 Assessment Area 0 Site Lat/Long Location Site Coordinates: 35.403670 N / -81.351360 W Lincolnton West USGS 7.5 Minute Topographic Quadrangle ty/WILDLANDS ENGINEERING 0 500 1,000 Feet I I I USGS Topographic Map Oak Hill Dairy Mitigation Site Catawba River Basin (03050102) Gaston County, NC koilvi4WILDLANDS ENGINEERING 0 250 500 Feet � I I ApB - Appling sandy loam, 1 - 6% slopes CeB2 - Cecil sandy clay loam, 2 - 8% slopes HeB - Helena sandy loam, 1 - 6% slopes LdB2 - Lloyd sandy clay loam, 2 - 8% slopes PaD2 - Pacolet sandy clay loam, 8 - 15% slopes PaE - Pacolet sandy loam, 15 - 25% slopes VaB - Vance sandy loam, 2 - 8% slopes WeD - Wedowee sandy loam, 6 -15% slopes Project Parcels I- Assessment Area Potential Wetland Waters Potential Non -Wetland Waters Perennial Project Stream Intermittent Project Stream Non -Project Streams Soils Map Oak Hill Dairy Mitigation Site Catawba River Basin 03050102 Gaston County, NC Assessment Area Project Parcels Existing Wetlands Wetland Impacts Permanent Temporary Existing Streams Perennial Project Stream Intermittent Project Stream Existing Culverts Stream Impacts Permanent Temporary WILD LANDS ENGINEERING 0 250 500 Feet � I I Figure 1 Overview - Jurisdictional Impacts Oak Hill Dairy Mitigation Site Catawba River Basin 03050102 Gaston County, NC Assessment Area Project Parcels Existing Wetlands Wetland Impacts (W#) Permanent Temporary Existing Streams Perennial Project Stream Intermittent Project Stream Existing Culverts Stream Impacts (S#) Permanent Temporary b°41111/VILDLANDS ENGINEERING Permanent Wetland Permanent Wetland 0 Wetland Permanent Wetland 150 Permanent 300 Feet I I I Permanent Permanent Temporaryt Wetland Permanent Permanent Temporary 0.0004 Figure 2 Jurisdictional Impacts Oak Hill Dairy Mitigation Site Catawba River Basin 03050102 Gaston County, NC Permanent Assessment Area Project Parcels Existing Wetlands Wetland Impacts (W#) Permanent Temporary Project Streams Perennial Project Stream Intermittent Project Stream Existing Culverts Stream Impacts (S#) Permanent Temporary Wetland Permanent Permanent • AIM irgoi I J7J/�j Wetland Permanent Wetland Temporary Wetland Temporary Temporary Permanent 2019 Aerial Photography WILDLANDS ENGINEERING 0 150 300 Feet I I I Figure 3 Jurisdictional Impacts Oak Hill Dairy Mitigation Site Catawba River Basin 03050102 Gaston County, NC U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2019-00833 County: Gaston U.S.G.S. Quad: NC- Lincolnton West NOTIFICATION OF JURISDICTIONAL DETERMINATION Requestor: North Carolina Department of Environmental Quality Matthew Reid Address: 5 Ravenscroft Dr Suite 102 Asheville, NC 28801 Telephone Number: (828) 231-7912 E-mail: matthew.reid(a ncdenr.2ov Size (acres) 57 Nearest Town Cherryville Nearest Waterway Indian Creek River Basin Santee USGS HUC 03050102 Coordinates Latitude: 35.403670 Longitude: -81.351360 Location description: Project is located at 610 Roy Eaker Road, Cherryville, Gaston County, North Carolina. Parcels includes PINs2691-90-0340, 2690-89-1706, 2690-79-8897 and 3601-00-0464. Indicate Which of the Following Apply: A. Preliminary Determination There appear to be waters on the above described project area/property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The waters have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. The approximate boundaries of these waters are shown on the enclosed delineation map dated 12/7/2020. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. ❑ There appear to be waters on the above described project area/property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the waters have not been properly delineated, this preliminary jurisdiction determination may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an effective presumption of CWA/RHA jurisdiction over all of the waters at the project area, which is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. B. Approved Determination ❑ There are Navigable Waters of the United States within the above described project area/property subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ There are waterson the above described project area/property subject to the permit requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ We recommend you have the waters on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. ❑ The waters on your project area/property have been delineated and the delineation has been verified by the Corps. The approximate boundaries of these waters are shown on the enclosed delineation map dated DATE. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey SAW-2019-00833 will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. ❑ The waters have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below onDATE. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ There are no waters of the U.S., to include wetlands, present on the above described project area/property which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in Morehead City, NC, at (252) 808-2808 to determine their requirements. Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or placement of structures, or work within navigable waters of the United States without a Department of the Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Krystvnka B Sty2ar at 252-545-0507 or krystynka.b.stvgar(a usace.armv.mil. C. Basis For Determination: Basis For Determination: Based on information submitted by the applicant and available to the U.S. Army Corps of Engineers, the project area exhibits criteria for waters of the U.S. as defined in 33 CFR 328, the 1987 Wetland Delineation Manual, and/or Regional Supplement to the 1987 Manual: Eastern Piedmont and Mountains v2.0. See preliminary jurisdictional determination form dated 12/7/2020 included in the file. D. Remarks: None. E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Phillip Shannin, Review Officer 60 Forsyth Street SW, Room 10M15 Atlanta, Georgia 30303-8801 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by Not applicable. **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.** Corps Regulatory Official: Date of JD: 12/7/2020 Expiration Date of JD: Not applicable SAW-2019-00833 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at http://corpsmapu.usace.army.mil/cm apex/f?p=136:4: 0 Copy furnished: Agent: Wildlands Engineering Inc Ian Eckardt Address: 1430 S Mint Street, Suite 104 Charlotte, NC 28203 Telephone Number: (704) 332-7754 ext. 108 E-mail: ieckardt(a wildlandsen2.com Owner Cameron & Rusty Eaker Jr & SR Address: 610 Roy Eaker Road Cherryville, NC 28021 Telephone Number: (704) 472-8820 NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND DB REQUEST FOR APPEAL Applicant: Environmental North Carolina Department of File Number: SAW-2019-00833 Date: 12/7/2020 Quality, Matthew Reid Attached is: See Section below INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A PROFFERED PERMIT (Standard Permit or Letter of permission) B PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION I - The following identifies your rights and options information may be found at or http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits.aspx regarding an administrative appeal E of the above decision. x SECTION Additional or the Corps regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for fmal authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal • ACCEPT: If you received a Standard Permit, you may authorization. If you received a Letter of Permission (LOP), signature on the Standard Permit or acceptance of the rights to appeal the permit, including its terms and conditions, permit. • APPEAL: If you choose to decline the proffered permit you may appeal the declined permit under the Corps of this form and sending the form to the division engineer. of the date of this notice. the permit sign the permit document and return you may accept the LOP and LOP means that you accept the permit and approved jurisdictional (Standard or LOP) because of Engineers Administrative Appeal it to the district engineer for fmal your work is authorized. Your in its entirety, and waive all determinations associated with the certain terms and conditions therein, Process by completing Section II of the division engineer within 60 days This form must be received by C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers completing Section II of this form and sending the form to the division engineer. This form engineer within 60 days of the date of this notice. Administrative Appeal Process by must be received by the division D: APPROVED information. • • JURISDICTIONAL DETERMINATION: ACCEPT: You do not need to notify the Corps to accept date of this notice, means that you accept the approved APPEAL: If you disagree with the approved JD, you Administrative Appeal Process by completing Section You may accept or appeal the approved JD or provide new an approved JD. Failure to notify the Corps within 60 days of the JD in its entirety, and waive all rights to appeal the approved JD. may appeal the approved JD under the Corps of Engineers II of this form and sending the form to the district engineer. This form of the date of this notice. must be received by the division engineer within 60 days E: PRELIMINARY JURISDICTIONAL DETERMINATION: preliminary JD. The Preliminary JD is not appealable. If you You do not need to respond to the Corps regarding the wish, you may request an approved JD (which may be appealed), you may provide new information for further consideration by the by contacting the Corps district for further instruction. Also Corps to reevaluate the JD. MI II - REQUEST FOR APPLL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your proffered permit in clear concise statements. You may attach objections are addressed in the administrative record.) reasons for appealing the decision or your objections to an initial additional information to this form to clarify where your reasons or ADDITIONAL INFORMATION: The appeal is limited to a record of the appeal conference or meeting, and any supplemental clarify the administrative record. Neither the appellant nor the However, you may provide additional information to clarify record. review of the administrative record, the Corps memorandum for the officer has determined is needed to or analyses to the record. is already in the administrative information that the review Corps may add new information the location of information that POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision and/or the appeal process you may contact: District Engineer, Wilmington Regulatory Division Attn: Krystynka B Stygar Charlotte Regulatory Office U.S Army Corps of Engineers 8430 University Executive Park Drive, Suite 615 Charlotte, North Carolina 28262 If you only have questions regarding also contact: Mr. Phillip Shannin, Administrative the appeal process you may Appeal Review Officer South Atlantic Division CESAD-PDO U.S. Army Corps of Engineers, 60 Forsyth Street, Room 10M15 Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15-day notice of any site investigation, and will have the opportunity to participate in all site investigations. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: Krystynka B Stygar, 8430 University Executive Park Drive, Suite 615, Charlotte North Carolina, 28262 For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Phillip Shannin, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: 09/14/2020 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: North Carolina Department of Environmental Quality, Matthew Reid, 5 Ravenscroft Dr Suite 102, Asheville, NC 28801 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Oak Hill Dairy Mitigation Site, SAW-2019-00833 D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: Project is located at 610 Roy Eaker Road, Cherryville, Gaston County, North Carolina. Parcels includes PINs2691-90-0340, 2690-89-1706, 2690- 79-8897 and 3601-00-0464. (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: NC County: Gaston City: Cherryville Center coordinates of site (lat/long in degree decimal format): Latitude: 35.403670 Longitude: -81.351360 Universal Transverse Mercator: UTM 17 Name of nearest waterbody: Indian Creek E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑ Office (Desk) Determination. Date: ® Field Determination. Date(s): December 7, 2020 TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION Site Number Latitude (decimal degrees) Longitude (decimal degrees) Estimated amount of aquatic resources in review area (acreage and linear feet, if applicable Type of aquatic resources (i.e., wetland vs. non -wetland waters) Geographic authority to which the aquatic resource "may be" subject (i.e., Section 404 or Section 10/404) Oak Hill Creek 35.402567 -81.351576 2451 LF Non -wetland waters Section 404 UT 1 35.403349 -81.356898 1958 LF Non -wetland waters Section 404 UT 1A 35.404366 -81.356856 455 LF Non -wetland waters Section 404 UT 1B (intermittent) 35.403016 -81.356944 206 LF Non -wetland waters Section 404 UT 1B (perennial) 35.403181 -81.356358 89 LF Non -wetland waters Section 404 UT 2 35.404079 -81.350221 90 LF Non -wetland waters Section 404 UT 3 35.405039 -81.349823 88 LF Non -wetland waters Section 404 Wetland A 35.404531 -81.351076 2.203 Acres Wetland Section 404 Wetland B 35.402112 -81.352008 0.138 acres Wetland Section 404 Wetland C 35.403028 -81.354322 0.021 acres Wetland Section 404 Wetland D 35.402999 -81.354572 0.028 acres Wetland Section 404 Wetland F 35.403134 -81.355993 0.131 acres Wetland Section 404 Wetland J 35.404293 -81.356829 0.047 acres Wetland Section 404 Wetland K 35.404741 -81.350125 0.0004 acres Wetland Section 404 1. The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an approved JD (AJD) for that review area based on an informed decision after having discussed the various types of JDs and their characteristics and circumstances when they may be appropriate. 2. In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre- construction notification" (PCN), or requests verification for a non -reporting NWP or other general permit, and the permit applicant has not requested an AJD for the activity, the permit applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit authorization based on a PJD, which does not make an official determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an AJD could possibly result in less compensatory mitigation being required or different special conditions; (3) the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) undertaking any activity in reliance upon the subject permit authorization without requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrative orjudicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AJD or a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it becomes appropriate to make an official determination whether geographic jurisdiction exists over aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic resources in the review area, the Corps will provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that there "may be" waters of the U.S. and/or that there "may be" navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the review area that could be affected by the proposed activity, based on the following information: 3. SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items are included in the administrative record and are appropriately cited: ® Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Map: Wildlands Engineering INC ▪ Data sheets prepared/submitted by or on behalf of the PJD requestor. Datasheets: ® Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. Rationale: ❑ Data sheets prepared by the Corps: ❑ Corps navigable waters' study: ❑ U. S. Geological Survey Hydrologic Atlas: ❑ USGS NHD data: ❑ USGS 8 and 12 digit HUC maps: ▪ U.S. Geological Survey map(s). Cite scale & quad name: 1:24,000 Scale Lincolnton, West Quadrangle ❑ Natural Resources Conservation Service Soil Survey. Citation: NRCS Web Soil Survey website ▪ National wetlands inventory map(s). Cite name- National Wetlands Inventory website (2020) ❑ State/local wetland inventory map(s): ❑ FEMA/FIRM maps: ❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929) ▪ Photographs: ® Aerial (Name & Date): 2019 aerial on GIS figures or Z Other (Name & Date): Site photos ▪ Previous determination(s). File no. and date of response letter: ❑ Other information (please specify): IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for later jurisdictional determinations. Signature and date of Regulatory staff member completing PJD 12/7/2020 Signature and date of person requesting PJD (REQUIRED, unless obtaining the signature is impracticable)' 1 Districts may establish timeframes for requester to return signed PJD forms. Ifthe requester does not respond within the established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action. Project Parcels Assessment Area r/'j,I Potential Wetland Waters Potential Non -Wetland Waters Perennial Project Stream Intermittent Project Stream Non -Project Streams Existing Culverts W1LDLANDS ENGINEERING Figure 3.2 0 250 500 Feet � I I Figure 3 Delineation Map (Overview) Oak Hill Dairy Mitigation Site Catawba River Basin 03050102 Gaston County, NC Wetland A (103 AC) s` Project Parcels 4 Assessment Area 1-772 Potential Wetland Waters Potential Non -Wetland Waters Perennial Project Stream Intermittent Project Stream Non -Project Streams Existing Culverts Q Stream Classification Point (SCP#) Q Wetland/Upland Data Point (DP#) Perennial Perennial Perennial Wetland (<0.000 2019 Aerial Photography S WILDLANDS ENGINEERING 0 135 270 Feet I I I Figure 3.1 Delineation Map Oak Hill Dairy Mitigation Site Catawba River Basin 03050102 Gaston County, NC Wetland A (2.203 AC) - Project Parcels Assessment Area Potential Wetland Waters Potential Non -Wetland Waters Perennial Project Stream Intermittent Project Stream Non -Project Streams O Stream Classification Point (SCP#) O Wetland/Upland Data Point (DP#) 111‘416/4v WILDLANDS ENGINEERING 0 100 200 Feet I I I Figure 3.2 Delineation Map Oak Hill Dairy Mitigation Site Catawba River Basin 03050102 Gaston County, NC Project Parcels Assessment Area Potential Wetland Waters Potential Non -Wetland Waters Perennial Project Stream Intermittent Project Stream O Stream Classification Point (SCP#) O Wetland/Upland Data Point (DP#) 2019 Aerial Photography WILDLANDS ENGINEERING 0 100 200 Feet I I I Figure 3.3 Delineation Map Oak Hill Dairy Mitigation Site Catawba River Basin 03050102 Gaston County, NC aLer1 PaD2 PaD2 L4m 0 2019 Aerial Photography zvv Robart Soils ApB - Appling sandy loam, 1 - 6% slopes CeB2 - Cecil sandy clay loam, 2 - 8% slopes ChA - Chewacla loam, 0 - 2% slopes HeB - Helena sandy loam, 1 - 6% slopes LdB2 - Lloyd sandy clay loam, 2 - 8% slopes PaD2 - Pacolet sandy clay loam, 8 - 15% slopes PaE - Pacolet sandy loam, 15 - 25% slopes VaB - Vance sandy loam, 2 - 8% slopes WeD - Wedowee sandy loam, 6 -15% slopes WoA- Worsham loam, 0 - 2% slopes Project Parcels I- Assessment Area Potential Wetland Waters Potential Non -Wetland Waters Perennial Project Stream Intermittent Project Stream Non -Project Streams Existing Culverts 0 Wetland/Upland Data Point (DP#) ley m 41* kilIPOWILDLANDS ENGINEERING 0 250 500 Feet � I I Figure 4 Soils Map Oak Hill Dairy Mitigation Site Catawba River Basin 03050102 Gaston County, NC Categorical Exclusion Form for Ecosystem Enhancement Program Projects Version 2 Note: Only Appendix A should to be submitted (along with any supporting documentation) as the environmental document. Part Project Name: 1: General Project Information Oak Hill Dairy Mitigation Site County Name: Gaston County 100120 DMS Number: Project Sponsor: Wildlands Engineering, Inc. Project Contact Name: Kirsten Gimbert Project Contact Address: 1430 S. Mint Street, Suite 104, Charlotte, NC 28203 Project Contact E-mail: kgimbert@wildlandseng.com DMS Project Mana • er: Matthew Reid Project Description The Oak Hill Dairy Mitigation Site is a stream and wetland mitigation project involving stream preservation, enhancement II, and restoration, wetland re-establishment, and stormwater BMPs. The adjacent land use is currently agricultural fields that is extensively impacted by cattle grazing and crop land. This project will improve water quality and ecology in this water supply watershed through cattle exclusion, buffer reforestation, reconnecting streams to the historic floodplain, restoring stream shape and function, and installation of two agricultural BMPs to treat overland flow from dairy feedlot. For Official Use Only Reviewed By: 8/21/2019 Date DMS Project Manager Conditional Approved By: Date For Division Administrator FHWA ❑ Check this box if there are outstanding issues Final Approval By: Z2exaa% a4_,2.rrt- 8 - 20-1 9 Date For Division Administrator FHWA Part 2: All Projects Regulation/Question Response Coastal Zone Management Act (CZMA) 1. Is the project located in a CAMA county? • Yes 0 No 2. Does the project involve ground -disturbing activities within a CAMA Area of Environmental Concern (AEC)? • Yes ■ No 1 N/A 3. Has a CAMA permit been secured? ❑ Yes ❑ No 0 N/A 4. Has NCDCM agreed that the project is consistent with the NC Coastal Management Program? ❑ Yes • No ✓ N/A Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) 1. Is this a "full -delivery" project? 0 Yes ■ No 2. Has the zoning/land use of the subject property and adjacent properties ever been designated as commercial or industrial? • Yes ✓ No ❑ N/A 3. As a result of a limited Phase I Site Assessment, are there known or potential hazardous waste sites within or adjacent to the project area? ❑ Yes ✓ No ❑ N/A 4. As a result of a Phase I Site Assessment, are there known or potential hazardous waste sites within or adjacent to the project area? ❑ Yes ❑ No ✓ N/A 5. As a result of a Phase 11 Site Assessment, are there known or potential hazardous waste sites within the project area? ❑ Yes ❑ No ✓ N/A 6. Is there an approved hazardous mitigation plan? ❑ Yes ❑ No ✓ N/A National Historic Preservation Act (Section 106) 1. Are there properties listed on, or eligible for listing on, the National Register of Historic Places in the project area? ❑ Yes ✓ No 2. Does the project affect such properties and does the SHPO/THPO concur? ❑ Yes ❑ No ✓ N/A 3. If the effects are adverse, have they been resolved? ❑ Yes ❑ No ✓ N/A Uniform Relocation Assistance and Real Property Acquisition Policies Act (Uniform Act) 1. Is this a "full -delivery" project? ✓ Yes ❑ No 2. Does the project require the acquisition of real estate? ✓ Yes • No ❑ N/A 3. Was the property acquisition completed prior to the intent to use federal funds? ❑ Yes ✓ No ❑ N/A 4. Has the owner of the property been informed: * prior to making an offer that the agency does not have condemnation authority; and * what the fair market value is believed to be? 1 Yes ❑ No • N/A Part 3: Ground -Disturbing Activities Regulation/Question Response American Indian Religious Freedom Act (AIRFA) 1. Is the project located in a county claimed as "territory" by the Eastern Band of Cherokee Indians? 0 Yes ❑ No 2. Is the site of religious importance to American Indians? ❑ Yes ❑ No ✓ N/A 3. Is the project listed on, or eligible for listing on, the National Register of Historic Places? ❑ Yes ❑ No ✓ N/A 4. Have the effects of the project on this site been considered? ❑ Yes ❑ No 1 N/A Antiquities Act (AA) 1. Is the project located on Federal lands? ❑ Yes ✓ No 2. Will there be loss or destruction of historic or prehistoric ruins, monuments or objects of antiquity? ❑ Yes ❑ No ✓ N/A 3. Will a permit from the appropriate Federal agency be required? ❑ Yes ❑ No ✓ N/A 4. Has a permit been obtained? ❑ Yes ❑ No ✓ N/A Archaeological Resources Protection Act (ARPA) 1. Is the project located on federal or Indian lands (reservation)? ❑ Yes ✓ No 2. Will there be a loss or destruction of archaeological resources? ❑ ❑ ✓ Yes No N/A 3. Will a permit from the appropriate Federal agency be required? ❑ ❑ ✓ Yes No N/A 4. Has a permit been obtained? ❑ ❑ Yes No N/A Endangered Species Act (ESA) 1. Are federal Threatened and Endangered species and/or Designated Critical Habitat listed for the county? ✓ Yes ❑ No 2. Is Designated Critical Habitat or suitable habitat present for listed species? ✓ Yes ❑ No ❑ N/A 3. Are T&E species present or is the project being conducted in Designated Critical Habitat? ❑ Yes ✓ No ❑ N/A 4. Is the project "likely to adversely affect" the species and/or "likely to adversely modify" Designated Critical Habitat? ❑ Yes ❑ No ✓ N/A 5. Does the USFWS/NOAA-Fisheries concur in the effects determination? ❑ Yes ❑ No ✓ N/A 6. Has the USFWS/NOAA-Fisheries rendered a "jeopardy" determination? ❑ Yes ❑ No ✓ N/A Executive Order 13007 (Indian Sacred Sites) 1. Is the project located on Federal lands that are within a county claimed as "territory" by the EBCI? ❑ Yes ✓ No 2. Has the EBCI indicated that Indian sacred sites may be impacted by the proposed project? ❑ Yes ❑ No ✓ N/A 3. Have accommodations been made for access to and ceremonial use of Indian sacred sites? ❑ Yes ❑ No ✓ N/A Farmland Protection Policy Act (FPPA) 1. Will real estate be acquired? ✓ Yes ❑ No 2. Has NRCS determined that the project contains prime, unique, statewide or locally important farmland? ✓ Yes ❑ No ❑ N/A 3. Has the completed Form AD-1006 been submitted to NRCS? ✓ Yes ❑ No ❑ N/A Fish and Wildlife Coordination Act (FWCA) 1. Will the project impound, divert, channel deepen, or otherwise control/modify any water body? ✓ Yes ❑ No 2. Have the USFWS and the NCWRC been consulted? ✓ Yes ❑ No ❑ N/A Land and Water Conservation Fund Act (Section 6(f)) 1. Will the project require the conversion of such property to a use other than public, outdoor recreation? ❑ Yes ✓ No 2. Has the NPS approved of the conversion? ❑ Yes ❑ No ✓ N/A Magnuson -Stevens Fishery Conservation and Management Act (Essential Fish Habitat) 1. Is the project located in an estuarine system? ❑ Yes ✓ No 2. Is suitable habitat present for EFH-protected species? ❑ Yes ❑ No ✓ N/A 3. Is sufficient design information available to make a determination of the effect of the project on EFH? ❑ Yes ❑ No ✓ N/A 4. Will the project adversely affect EFH? ❑ Yes ❑ No ✓ N/A 5. Has consultation with NOAA-Fisheries occurred? ❑ Yes ❑ No ✓ N/A Migratory Bird Treaty Act (MBTA) 1. Does the USFWS have any recommendations with the project relative to the MBTA? ❑ Yes ✓ No 2. Have the USFWS recommendations been incorporated? ❑ Yes ❑ No ✓ N/A Wilderness Act 1. Is the project in a Wilderness area? ❑ Yes ✓ No 2. Has a special use permit and/or easement been obtained from the maintaining federal agency? ❑ Yes ❑ No ✓ N/A LANDOWNER AUTHORIZATION FORM PROPERTY LEGAL DESCRITION: Deed Book: 4949 Page: 1803 County: Gaston Parcel ID Number(s): 158090, 158091, 158213, 198961 Street Address: 534, 542, 604, and 610 Roy Eaker Road, Cherryville, NC 28021 Property Owners (please print): Cameron Rusty Eaker, Jr. and Cameron Rusty Eaker, Sr. The undersigned, registered property owner(s) of the above property, do hereby authorize Wildlands Engineering, Inc. to take all actions necessary for the evaluation of the property as a potential stream, wetland and/or riparian buffer mitigation project, including conducting stream and/or wetland determinations and delineations, as well as issuance and acceptance of any required permit(s) or certification(s). I agree to allow regulatory agencies, including the US Army Corps of Engineers, to visit the property as part of these environmental reviews. Property Owners(s) Address: same (if different from above) Property Owner Telephone Number: 704-472-8820 We hereby certify the above information to be true and accurate to the best of our knowledge. ehlisbt gok2 I (Property Owner Aphorized Signature) (Date) Owner Authorized' nature (Date)(Property g ) ( ) OPTION AGREEMENT This Option Agreement is between Harold R. Lineberger and wife Patsy Lineberger (collectively "Optlonor"), and WIldlands Engineering, Inc., a North Carolina corporation ("Optioned"). Thls agreement will become effective when all parties have signed It (the "Effective Data"). Optionor does hereby give and grant to Optlonee the right and option to purchase a temporary construction easement ("TCE") on a portion of real property located at 201 Robert Road in Cherryville, Gaston County, North Carolina, recorded in that county's Register of Deeds at Book 14E, Page 780 (the "Property"). The TCE is shown on attachment A as Temporary Construction Access Area and Is approximately 0.40 acres. The purpose of the TCE is to facilitate a stream restoration project on real property adjacent to the Property to provide water quality benefits and protect the watershed (the "Project"). Construction access for the Project will be from the Adjacent property. The stream will be relocated off the Property and the old stream bed filled, graded evenly, seeded, strewed, and planted with native hardwood tree saplings. Trees which are on the current banks of the stream and may not survive will be removed. The driveway East of the TCE shall be left in as is or better condition than prior to construction. Within five business days following the Effective Date, Optionee will pay Optionor $500.00 (the "Option Consideration"). The Option Consideration is for Seller granting this Option and for Seller's forbearance in keeping the TCE Area off the market during the Option Term. On or before the first day Optionor begins construction of the Project, Optlonee will pay to Optionor $500.00. Prior to Construction, Optionor and Optionee shall work together to determine if there is an advantage to both parties for Optionee to purchase a Conservation Easement upon all or a portion of the TCE or record a parcel boundary adjustment such that all or a portion of the TCE area is transferred to the Adjacent Property owner. In either case, Optionee shall pay Optionor $30,000.00 per acre for Conservation Easement area or area transferred to the Adjacent Property Owner. Details of any such arrangement will be made after a survey of the Property and Adjacent Property Is complete. This option explr• • December 18, 2020, , -, �.. Mr, a,vArriZer C0 �rNC O n1S X'r a Qo /, (' rl i n m�, 0.-igrol 5 ,arl (Cora e�evvof arr�r�OMm �,r,I�� ,1Qll'I Each party Is s�gning fh�s Agreeme t +n me date stated below that party's signature. ck '4" ' atiq 1 Crxe4y Oit Ver off'k. h Signature Page Follows OPTIONEE: WILDLANDS ENGINEERING, INC., a North Carolina Harold R. Lineberger and wife, Patsy Lineberger corporation By: (Vv.* S'thwn D. Wilkerson, President Date: ! D 2 U f i 2 OPTIONOR: By: /'`0sr!C�/C j1 A Harold R. Lineberger Date: 7--l9 By: / YLine c_Lja2 t?- Pats Lir er B Date: This map is not a certified survey and has not been reviewed by a local government agency for compliance with any applicable land development regulations EAKER CAMERON RUSTY JR & EAKER CAMERON RUSTY SR 2691900380 Gaston County Parcels Property Temporary Construction Easement LINEBERGER HAROLD R & OTHERS 3601000464 girv•WILDLANDS ENGINEERING 0 200 Feet I i i i I Attachment A - Harold Lineberger PIN 3601000464 Catawba River Basin (03050102) Gaston County, NC 1/3/2019 pstrickland Categorical Exclusion Form for Ecosystem Enhancement Program Projects Version 2 Note: Only Appendix A should to be submitted (along with any supporting documentation) as the environmental document. Part Project Name: 1: General Project Information Oak Hill Dairy Mitigation Site County Name: Gaston County 100120 DMS Number: Project Sponsor: Wildlands Engineering, Inc. Project Contact Name: Kirsten Gimbert Project Contact Address: 1430 S. Mint Street, Suite 104, Charlotte, NC 28203 Project Contact E-mail: kgimbert@wildlandseng.com DMS Project Mana • er: Matthew Reid Project Description The Oak Hill Dairy Mitigation Site is a stream and wetland mitigation project involving stream preservation, enhancement II, and restoration, wetland re-establishment, and stormwater BMPs. The adjacent land use is currently agricultural fields that is extensively impacted by cattle grazing and crop land. This project will improve water quality and ecology in this water supply watershed through cattle exclusion, buffer reforestation, reconnecting streams to the historic floodplain, restoring stream shape and function, and installation of two agricultural BMPs to treat overland flow from dairy feedlot. For Official Use Only Reviewed By: 8/21/2019 Date DMS Project Manager Conditional Approved By: Date For Division Administrator FHWA ❑ Check this box if there are outstanding issues Final Approval By: Z2exaa% a4_,2.rrt- 8 - 20-1 9 Date For Division Administrator FHWA Part 2: All Projects Regulation/Question Response Coastal Zone Management Act (CZMA) 1. Is the project located in a CAMA county? • Yes 0 No 2. Does the project involve ground -disturbing activities within a CAMA Area of Environmental Concern (AEC)? • Yes ■ No 1 N/A 3. Has a CAMA permit been secured? ❑ Yes ❑ No 0 N/A 4. Has NCDCM agreed that the project is consistent with the NC Coastal Management Program? ❑ Yes • No ✓ N/A Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) 1. Is this a "full -delivery" project? 0 Yes ■ No 2. Has the zoning/land use of the subject property and adjacent properties ever been designated as commercial or industrial? • Yes ✓ No ❑ N/A 3. As a result of a limited Phase I Site Assessment, are there known or potential hazardous waste sites within or adjacent to the project area? ❑ Yes ✓ No ❑ N/A 4. As a result of a Phase I Site Assessment, are there known or potential hazardous waste sites within or adjacent to the project area? ❑ Yes ❑ No ✓ N/A 5. As a result of a Phase 11 Site Assessment, are there known or potential hazardous waste sites within the project area? ❑ Yes ❑ No ✓ N/A 6. Is there an approved hazardous mitigation plan? ❑ Yes ❑ No ✓ N/A National Historic Preservation Act (Section 106) 1. Are there properties listed on, or eligible for listing on, the National Register of Historic Places in the project area? ❑ Yes ✓ No 2. Does the project affect such properties and does the SHPO/THPO concur? ❑ Yes ❑ No ✓ N/A 3. If the effects are adverse, have they been resolved? ❑ Yes ❑ No ✓ N/A Uniform Relocation Assistance and Real Property Acquisition Policies Act (Uniform Act) 1. Is this a "full -delivery" project? ✓ Yes ❑ No 2. Does the project require the acquisition of real estate? ✓ Yes • No ❑ N/A 3. Was the property acquisition completed prior to the intent to use federal funds? ❑ Yes ✓ No ❑ N/A 4. Has the owner of the property been informed: * prior to making an offer that the agency does not have condemnation authority; and * what the fair market value is believed to be? 1 Yes ❑ No • N/A Part 3: Ground -Disturbing Activities Regulation/Question Response American Indian Religious Freedom Act (AIRFA) 1. Is the project located in a county claimed as "territory" by the Eastern Band of Cherokee Indians? 0 Yes ❑ No 2. Is the site of religious importance to American Indians? ❑ Yes ❑ No ✓ N/A 3. Is the project listed on, or eligible for listing on, the National Register of Historic Places? ❑ Yes ❑ No ✓ N/A 4. Have the effects of the project on this site been considered? ❑ Yes ❑ No 1 N/A Antiquities Act (AA) 1. Is the project located on Federal lands? ❑ Yes ✓ No 2. Will there be loss or destruction of historic or prehistoric ruins, monuments or objects of antiquity? ❑ Yes ❑ No ✓ N/A 3. Will a permit from the appropriate Federal agency be required? ❑ Yes ❑ No ✓ N/A 4. Has a permit been obtained? ❑ Yes ❑ No ✓ N/A Archaeological Resources Protection Act (ARPA) 1. Is the project located on federal or Indian lands (reservation)? ❑ Yes ✓ No 2. Will there be a loss or destruction of archaeological resources? ❑ ❑ ✓ Yes No N/A 3. Will a permit from the appropriate Federal agency be required? ❑ ❑ ✓ Yes No N/A 4. Has a permit been obtained? ❑ ❑ Yes No N/A Endangered Species Act (ESA) 1. Are federal Threatened and Endangered species and/or Designated Critical Habitat listed for the county? ✓ Yes ❑ No 2. Is Designated Critical Habitat or suitable habitat present for listed species? ✓ Yes ❑ No ❑ N/A 3. Are T&E species present or is the project being conducted in Designated Critical Habitat? ❑ Yes ✓ No ❑ N/A 4. Is the project "likely to adversely affect" the species and/or "likely to adversely modify" Designated Critical Habitat? ❑ Yes ❑ No ✓ N/A 5. Does the USFWS/NOAA-Fisheries concur in the effects determination? ❑ Yes ❑ No ✓ N/A 6. Has the USFWS/NOAA-Fisheries rendered a "jeopardy" determination? ❑ Yes ❑ No ✓ N/A Executive Order 13007 (Indian Sacred Sites) 1. Is the project located on Federal lands that are within a county claimed as "territory" by the EBCI? ❑ Yes ✓ No 2. Has the EBCI indicated that Indian sacred sites may be impacted by the proposed project? ❑ Yes ❑ No ✓ N/A 3. Have accommodations been made for access to and ceremonial use of Indian sacred sites? ❑ Yes ❑ No ✓ N/A Farmland Protection Policy Act (FPPA) 1. Will real estate be acquired? ✓ Yes ❑ No 2. Has NRCS determined that the project contains prime, unique, statewide or locally important farmland? ✓ Yes ❑ No ❑ N/A 3. Has the completed Form AD-1006 been submitted to NRCS? ✓ Yes ❑ No ❑ N/A Fish and Wildlife Coordination Act (FWCA) 1. Will the project impound, divert, channel deepen, or otherwise control/modify any water body? ✓ Yes ❑ No 2. Have the USFWS and the NCWRC been consulted? ✓ Yes ❑ No ❑ N/A Land and Water Conservation Fund Act (Section 6(f)) 1. Will the project require the conversion of such property to a use other than public, outdoor recreation? ❑ Yes ✓ No 2. Has the NPS approved of the conversion? ❑ Yes ❑ No ✓ N/A Magnuson -Stevens Fishery Conservation and Management Act (Essential Fish Habitat) 1. Is the project located in an estuarine system? ❑ Yes ✓ No 2. Is suitable habitat present for EFH-protected species? ❑ Yes ❑ No ✓ N/A 3. Is sufficient design information available to make a determination of the effect of the project on EFH? ❑ Yes ❑ No ✓ N/A 4. Will the project adversely affect EFH? ❑ Yes ❑ No ✓ N/A 5. Has consultation with NOAA-Fisheries occurred? ❑ Yes ❑ No ✓ N/A Migratory Bird Treaty Act (MBTA) 1. Does the USFWS have any recommendations with the project relative to the MBTA? ❑ Yes ✓ No 2. Have the USFWS recommendations been incorporated? ❑ Yes ❑ No ✓ N/A Wilderness Act 1. Is the project in a Wilderness area? ❑ Yes ✓ No 2. Has a special use permit and/or easement been obtained from the maintaining federal agency? ❑ Yes ❑ No ✓ N/A