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