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HomeMy WebLinkAbout20211148 Ver 1_NEW INFO- Maps, etc_20210805Strickland, Bev From: Dan McCauley <dmccauley@harthickman.com> Sent: Thursday, August 5, 2021 11:13 AM To: Johnson, Alan Cc: 'Roden Reynolds, Bryan K CIV (USA)'; Perez, Douglas J Subject: [External] RE: 21-1148 Hambright Rd Attachments: Hambright Road Industrial NWP#39 (7-23-21).pdf CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. Hi Alan, I apologize. I'm not certain why the attachments didn't come through. Please see the full PCN attached. What date are you available for a site visit? I'm free any morning next week. Thanks! Ph - Dan W. McCauley, Project Environmental Scientist Hart & Hickman, PC 3921 Sunset Ridge Road, Ste 301 • Raleigh, NC 27607 Direct: 919-723-2510 • Mobile: 704-998-1864 www.harthickman.com We've launched a new website! Follow the link above to see what's changed... From: Johnson, Alan <alan.johnson@ncdenr.gov> Sent: Thursday, August 5, 2021 11:04 AM To: Dan McCauley <dmccauley@harthickman.com> Cc: 'Roden Reynolds, Bryan K CIV (USA)' <Bryan.K.RodenReynolds@usace.army.mil>; Perez, Douglas J <doug. perez@ ncden r.gov> Subject: 21-1148 Hambright Rd Dan, no site plan, culvert information, maps: topo, aerial, location, nor delineation were included with the application. Just the PCN and the mitigation. Stream forms? NCSAM/WAM? Avoidance and minimization was very general/basic discussion. Without a site plan not much can be gleamed from the statement. 400 plus ft of stated intermittent and 1/3 plus acre of wetland seep is a concern. I sight visit is required to confirm the intermittent call 1 Thanks Alan J Dil.ision of Water Resourcc% Alan D Johnson — Senior Environmental Specialist NC Dept. of Environment & Natural Resources (NCDENR) Division of Water Resources - Water Quality Regional Operations 610 East Center Ave., Suite 301, Mooresville, NC 28115 Phone: (704) 235-2200 Fax: (704) 663-6040 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulation. 2 hart hickman SMARTER ENVIRONMENTAL SOLUTIONS Via Email July 23, 2021 US Army Corps of Engineers Charlotte Field Office 151 Patton Avenue, Room 208 Asheville, North Carolina 28801-5006 Attention: Mr. Bryan Roden -Reynolds, PWS Re: Pre -Construction Notification Proposed Hambright Industrial Building 10695 Hambright Road Huntersville, Mecklenburg County, North Carolina SAW-2021-00094 H&H Job No. TRI-003 Dear Bryan: On behalf of Trinity Capital Advisors c/o Sports Village Land Group, LLC, Hart & Hickman, PC (H&H) is submitting the attached Pre -Construction Notification (PCN) application for the proposed construction of an industrial building in Huntersville, Mecklenburg County, North Carolina. The Site consists of one parcel that contains approximately 23.14 acres of land (Mecklenburg County Parcel Number 01740104) located northwest of the intersection of Hambright Road and Mount Holly-Huntersville Road. H&H is submitting the PCN application in order to receive verification to use Nationwide Permit (NWP) #39. H&H received a Preliminary Jurisdictional Determination (PJD) from the U.S. Army Corps of Engineers (USACE) Charlotte Regulatory Field Office on January 15, 2021. The PJD document is attached in Appendix E. There is one stream on the Site: Stream Channel `A' (SCA). Intermittent and perennial portions of SCA are present on -Site. The intermittent portion of SCA originates at a headcut in the north - central portion of the Site. The intermittent portion of SCA conveys drainage in a northwesterly 2923 South Tryon Street, 5uite 100 3921 Sunset Ridge Rd , 5uite 301 Charlotte, NC 28203 Raleigh, NC 27607 www.harthickman.com 704.586.0007 main 919.847A241 main Mr. Bryan Roden -Reynolds July 23, 2021 Page 2 direction towards the perennial portion of SCA. The intermittent portion of SCA totals approximately 317 linear feet. SCA transitions into a perennial stream in the northwestern portion of the Site. The perennial portion of SCA conveys drainage in a northwesterly direction off -Site. The perennial portion of SCA totals approximately 346 linear feet of on -Site length. The on -Site stream discharges to the northwest off -Site with ultimate drainage into Torrance Creek located approximately 5,400 feet to the north of the Site. There is one forested wetland on the Site: Wetland Area `A' (WAA). WAA is a seep wetland located along SCA in the central portion of the Site. WAA drains into SCA, which conveys drainage generally to the northwest. WAA encompasses approximately 0.355 acre of on -Site area. The developer is proposing to impact 0.355 acre of WAA and 443 linear feet (0.034 acre) of SCA. Impacts to WAA and SCA involve grading required to facilitate the construction of a level building pad for the development of an industrial building and a truck loading dock. Due to the NWP #39 mitigation threshold of 0.1 acre for wetland impacts and 0.02 acre for stream impacts, mitigation is proposed via the NC Division of Mitigation Services In -Lieu Fee Program (for wetland impacts) and RES Catawba Umbrella Mitigation Bank (for stream impacts). The developer is not proposing additional impacts to on -Site streams or wetlands. H&H is seeking a Nationwide Permit #39 verification for this development. A copy of the PCN submittal package has also been submitted to the NC DEQ DWR. https://harthick.shmepoint.com/sites/MasterFiles-1/Shared Documents/AAA-Master Projects/Trinity Partners (TR1)/TRI-003/Permitting/PCN Application/Hambright/Cover Letter.doc hart � hickman SMARTER ENVIRONMENTAL SOLUTIONS Mr. Bryan Roden -Reynolds July 23, 2021 Page 3 Should you have any questions or require additional information, please feel free to contact Dan McCauley at 704-998-1864. Very truly yours, Hart & Hickman, PC Ayrz!"o Matt Bramblett, PE Principal Attachments Dan McCauley Project Environmental Scientist • PCN Form • Figure 1 — Site Location Map • Figure 2 — Preliminary Wetland Delineation Map • Appendix A — Agent Authorization • Appendix B — Site Plan and Concept Site Plan prepared by D&A Wolverine • Appendix C — Avoidance & Minimization • Appendix D — Supplemental Documents • Appendix E —Preliminary Jurisdictional Determination • Appendix F — Mitigation Acceptance Letters • Appendix G — NC WAM and NC SAM Forms cc: Mr. Alan Johnson, NC DEQ DWR (via ePCN) Ms. Sherrie Chaffin, Trinity Capital Advisors (via email) Mr. Mike Clapp, Sports Village Land Group, LLC (via email) https://harthick.shmepoint.com/sites/MasterFiles-1/Shared Documents/AAA-Master Projects/Trinity Partners (TR1)/TRI-003/Permitting/PCN Application/Hambright/Cover Letter.doc hart � hickman SMARTER ENVIRONMENTAL SOLUTIONS O vlli::� Y Office Use Only: Corps action ID no. DWQ project no. Form Version 1.4 January 2009 Pre -Construction Notification (PCN) Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: ❑X Section 404 Permit ❑ Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: 39 or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? ❑ Yes ❑X No 1 d. Type(s) of approval sought from the DWQ (check all that apply): ❑X 401 Water Quality Certification — Regular ❑ Non-404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ❑ Yes ❑X No For the record only for Corps Permit: ❑ Yes ❑X No 1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. ❑X Yes ❑ No 1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ❑ Yes ❑X No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ❑X No 2. Project Information 2a. Name of project: Hambright Industrial 2b. County: Mecklenburg 2c. Nearest municipality / town: Huntersville 2d. Subdivision name: N/A 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: Sports Village Land Group, LLC 3b. Deed Book and Page No. 30835 / 451 3c. Responsible Party (for LLC if applicable): Mike Clapp - Sports Village Land Group, LLC 3d. Street address: 16930 West Catawba Avenue, Suite 205 3e. City, state, zip: Cornelius, NC 28031 3f. Telephone no.: N/A 3g. Fax no.: N/A 3h. Email address: msclapp6@yahoo.com Page 1 of 10 PCN Form — Version 1.4 January 2009 4. Applicant Information (if different from owner) 4a. Applicant is: ❑ Agent ❑X Other, specify: Proposed Land Developer 4b. Name: Sherrie Chaffin 4c. Business name (if applicable): Trinity Capital Advisors c/o Sports Village Land Group, LLC 4d. Street address: 440 South Church Street, Suite 800 4e. City, state, zip: Charlotte, NC 28202 4f. Telephone no.: N/A 4g. Fax no.: N/A 4h. Email address: sls@trinitycapitaladvisors.com 5. Agent/Consultant Information (if applicable) 5a. Name: Dan McCauley 5b. Business name (if applicable): Hart and Hickman, PC 5c. Street address: 3921 Sunset Ridge Road, Suite 301 5d. City, state, zip: Raleigh, NC 27607 5e. Telephone no.: (919) 723-2510 5f. Fax no.: (919) 847-4261 5g. Email address: dmccauley@harthickman.com Page 2 of 10 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 01740104 1 b. Site coordinates (in decimal degrees): Latitude: 35.377405 Longitude:-80.8572 1 c. Property size: 23.14 acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: Unnamed tributary of Torrence Creek 2b. Water Quality Classification of nearest receiving water: WS-IV (Torrence Creek Classification) 2c. River basin: Catawba 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: The Site consists of one parcel of land located at 10695 Hambright Road in Huntersville, Mecklenburg County, North Carolina. The Site consists primarily of vacant, undeveloped land with utility easements in the east ern and western portions of the Site. Residential use and undeveloped land to the south and west; light industrial use is to the north; and commercial use is to the east. 3b. List the total estimated acreage of all existing wetlands on the property: 0.355 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 663 3d. Explain the purpose of the proposed project: The project proposes to develop an industrial building to serve the Town of Huntersville and surrounding areas. 3e. The Describe the overall project in detail, including the type of equipment to be used: planned development area will be graded with heavy equipment to prepare a level building pad. A stormwater BMP is included. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project (includingall prior phases in the past? ❑X Yes ❑ No ❑ Unknown Comments: PJD issued by Corps on 1/15/21 4b. If the Corps made the jurisdictional determination, what type of determination was made? Preliminary ❑ Final 4c. If yes, who delineated the jurisdictional areas? Name (if known): Dan McCauley Agency/Consultant Company: Hart & Hickman, PC Other: 4d. The If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. Corps conducted a desktop review, and a PJD was issued by Bryan Roden -Reynolds on 1/15/21 (SAW-2021-00094) 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? ❑ Yes ❑X No ❑ Unknown 5b. If yes, explain in detail according to "help file" instructions. A NWP #39 (SAW-2021-00094) was issued for the Site on 3/22/21 for a proposed commercial sports village complex. The sports village complex was not constructed, and no impacts associated with that permit occurred. The proposed Hambright Industrial development is not associated with any previous permits. 6. Future Project Plans 6a. Is this a phased project? ❑ Yes ❑X No 6b. If yes, explain. Page 3 of 10 PCN Form — Version 1.4 January 2009 C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): ❑X Wetlands ❑X Streams — tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. Wetland impact number Permanent (P) or Temporary T 2b. Type of impact 2c. Type of wetland 2d. Forested 2e. Type of jurisdiction Corps (404,10) or DWQ (401, other) 2f. Area of impact (acres) W1 P Fill Seep Yes Corps 0.355 W2 Choose one Choose one Yes/No W3 - Choose one Choose one Yes/No W4 - Choose one Choose one Yes/No W5 - Choose one Choose one Yes/No W6 - Choose one Choose one Yes/No 2g. Total Wetland Impacts: 0.355 2h. Comments: The permanent wetland impact involves grading and fill required to construct a level building pad. 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. Stream impact number Permanent (P) or Temporary (T) 3b. Type of impact 3c. Stream name 3d. Perennial (PER) or intermittent (INT)? 3e. Type of jurisdiction 3f. Average stream width (feet) 3g. Impact length (linear feet) S1 P Fill UT to Torrence Creek INT Corps 3 317 S2 P Fill UT to Torrence Creek PER Corps 4.1 126 S3 - Choose one S4 - Choose one S5 - Choose one S6 - Choose one 3h. Total stream and tributary impacts 443 3i. Comments: The permanent stream impact involves grading and fill required to construct a level building pad. Page 4 of 10 PCN Form — Version 1.4 January 2009 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then indivi ually list all open water impacts below. 4a. Open water impact number Permanent (P) or Temporary T 4b. Name of waterbody (if applicable) 4c. Type of impact 4d. Waterbody type 4e. Area of impact (acres) 01 Choose one Choose O2 - Choose one Choose 03 - Choose one Choose 04 - Choose one Choose 4f. Total open water impacts o 4g. Comments: Not Applicable 5. Pond or Lake Construction If pond or lake construction proposed, the complete the chart below. 5a. Pond ID number 5b. Proposed use or purpose of pond 5c. Wetland Impacts (acres) 5d. Stream Impacts (feet) 5e. Upland (acres) Flooded Filled Excavated Flooded Filled Excavated P1 Choose one P2 Choose one 5f. Total: 5g. Comments: Not Applicable 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. 6a. Project is in which protected basin? ❑ Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Randleman ❑ Other: 6b. Buffer Impact number — Permanent (P) or Temporary (T) 6c. Reason for impact 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact (square feet) 6g. Zone 2 impact (square feet) B 1 Yes/No B2 - Yes/No B3 - Yes/No B4 - Yes/No B5 - Yes/No B6 - Yes/No 6h. Total Buffer Impacts: 6i. Comments: Not Applicable Page 5 of 10 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. See Appendix C 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. See Appendix C 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? ❑X Yes ❑ No 2b. If yes, mitigation is required by (check all that apply): ❑ DWQ ❑X Corps 2c. If yes, which mitigation option will be used for this project? ❑X Mitigation bank 0 Payment to in -lieu fee program ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: RES Catawba Umbrella Mitigation Bank (Dogtown Site) 3b. Credits Purchased (attach receipt and letter) Type: Stream Type: Choose one Type: Choose one Quantity: 886 Quantity: Quantity: e applicant proposes mitigation ratio for 443 linear ft of stream impact 3c. Comments: 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. ❑X Yes 4b. Stream mitigation requested: 0 linear feet 4c. If using stream mitigation, stream temperature: Choose one 4d. Buffer mitigation requested (DWQ only): 0 square feet 4e. Riparian wetland mitigation requested: 0.71 acres 4f. Non -riparian wetland mitigation requested: 0 acres 4g. Coastal (tidal) wetland mitigation requested: 0 acres 4h. Comments: The applicant proposes 2:1 mitigation ratio for 0.355 acre of wetland impact 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Not applicable. Page 6 of 10 PCN Form — Version 1.4 January 2009 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires ❑ Yes ❑X No buffer mitigation? 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. 6c. 6d. 6e. Zone Reason for impact Total impact Multiplier Required mitigation (square feet) (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund). Not applicable. 6h. Comments: Page 7 of 10 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers identified ❑ Yes X❑ No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. N/A ❑ Yes ❑X No 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 60 % 2b. Does this project require a Stormwater Management Plan? ❑X Yes ❑ No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: N/A 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: Stormwater Quantity and Water quality management will be provided per Town of Huntersville Requirements and Mecklenburg County Requirements as applicable. A single BMP basin will be located in the NW corner of the parcel. Stormwater will be conveyed to the basin via a network of stormwater conveyance pipes. The basin will include water quality as required by the Town including pretreatment and a restricted outlet control structure to control the outflow. 2e. Who will be responsible for the review of the Stormwater Management Plan? Town of Huntersville 3. Certified Local Government Stormwater Review 3a. In which localgovernment's jurisdiction is thisproject? Town of Huntersville / Meck County ❑X Phase II ❑ NSW 3b. Which of the following locally -implemented stormwater management programs ❑ USMP apply (check all that apply): ❑ Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑X No attached? 4. DWQ Stormwater Program Review ❑Coastal counties ❑ HQW 4a. Which of the following state -implemented stormwater management programs apply ❑ORW (check all that apply): ❑Session Law 2006-246 ❑Other: N/A 4b. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑X No attached? 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ❑X Yes ❑ No 5b. Have all of the 401 Unit submittal requirements been met? ❑X Yes ❑ No Page 8 of 10 PCN Form — Version 1.4 January 2009 F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1 a. Does the project involve an expenditure of public (federal/state/local) funds or the ❑ Yes ❑X No use of public (federal/state) land? 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ❑ Yes ❑ No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1 c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval ❑ Yes ❑ No letter.) Comments: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ❑ Yes ❑X No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after -the -fact permit application? ❑ Yes ❑X No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in ❑Yes ❑X No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. The proposed site plan will develop the majority of the parcel and additional development is not anticipated. Additional phases and/or impacts to Waters of the U.S. are not planned or proposed. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. Wastewater will enter Town of Huntersville sanitary sewer infrastructure and will be piped to an off -site Town of Huntersville wastewater treatment plant. Page 9 of 10 PCN Form — Version 1.4 January 2009 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or ❑ Yes ❑X No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ❑X Yes ❑ No impacts? 5c. If yes, indicate the USFWS Field Office you have contacted. Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? DEQ Natural Heritage Program and Fish & Wildlife Service (FWS) on-line databases and on -Site reconnaissance (See information in Appendix D). 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes ❑X No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? http://www.habitat.noaa.gov/protection/efh/efhmapper/ 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation ❑ Yes ❑X No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? The National Registry of Historic Places and NC State Historic Preservation Office databases and on -site reconnaissance (See information in Appendix D). 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? ❑ Yes ❑X No 8b. If yes, explain how project meets FEMA requirements: 8c. What source(s) did you use to make the floodplain determination? Reviewed FEMA Flood Insurance Rate Map ID #3710454900K Dan McCauley 07-23-2021 Applicant/Agent's Printed Name Date Applicant/Agent's Signature (Agent's signature is valid only if an authorization letter from the applicant is provided. Page 10 of 10 C D SITE r All Ce N .e lj ^ k -th �Alnrkkm Wr r93 eA 1, ' 11gAi / _•�• •• Hoch Sc2. [ �� a4�tt � / • J 825 � � ' � wr � f�=- _ _ fir. � •_ _ '�.rr ff }I +s • _ Copyright:©-2013 National Geographic Society; i-cubed TITLE n 0 2,000 4,000 SITE LOCATION MAP 7 SCALE IN FEET PROJECT HUNTERSVILLE SPORTS VILLAGE HUNTERSVILLE, NORTH CAROLINA c U.S.G.S. QUADRANGLE MAP 10 2923South Tryon Street - Suite 100 hart "'h is k m a n Chazlotte, North Carolina 28203 ` CORNELIUS, NORTH CAROLINA 2013 ~` 704-586-0007 (p) 704-586-0373 (f) SMARTER ENVIRONMWFAL SOLUTIONS License # C-1269 / # C-245 Geology QUADRANGLE DATE: 12-7-20 REVISION NO: 0 7.5 MINUTE SERIES (TOPOGRAPHIC) MI.JOB NO: SVG-001 FIGURE NO: 1 N, I N Vo, I No vN N — — — — — — of e k N, IN %N 'N N \N V% ------- IVI'l V NN \N NL TP N. TP-1 N, - - - - - - - - - - - - - Pd 71, ANi A lo-I N, — — — — — — — — — — — — J5 1� R1 11 94!1 .. -- 46 Appendix A Agent Authorization 14 hart hickman SMARTER ENVIRONMENTAL SOLUTIONS Agent Certification of Authorization 1, Mike Clapp, representing the prospective developer of lands represented by Parcel Number 01740104 in Huntersvilie, Mecklenburg County, North Carolina (approx. 23.14 acres), certify that I have authorized Hart & Hickman, PC to act on the prospective developer's behalf and take all actions necessary to the processing, issuance, and acceptance of a Preliminary Jurisdictional Determination and 401/404 permitting for this property. --- .................. . Prospective Applicant's Signature Agent's Signature Name/Title: 4 Dan McCauley Company: S V LAAJb G u A «' Hart & Hickman, PC / • 1-; • ;u 12-15-2020 llate Date Appendix B Site Plan prepared by D&A Wolverine • Concept Site Plan prepared by D&A Wolverine 14 hart hickman SMARTER ENVIRONMENTAL SOLUTIONS WOLVERINE CIVIL ENGINEERING D&A WOLVERINE, PLLC 6120 BROOKSHIRE BLVD, UNIT R CHARLOTTE, NC 28216 P: 704-494-9776 WWW.DNAWOLVERINE.COM NCBELS LICENSE NO: P-1223 SEAL: J Q In Q U Z N 0 00 w Q � � pro N w 0000 0 oLLJN Z Q�U Q z ~ �ULCL _ W — J — m F-__ z~U Q 02::D _ �O Iq DATE BY REVISION PROJECT #: DRAWN BY: DCF 212006 CHECKED BY: GLC DATE: APPROVED BY: CMF 03/19/2021 SHEET: SCALE: W-1 1=80 A, WOLVERINE m is CIVIL ENGINEERING D&A WOLVERINE, PLLC 6120 BROOKSHIRE BLVD, UNIT R CHARLOTTE, NC 28216 P: 704-494-9776 WWW.DNAWOLVERINE.COM NCBELS LICENSE NO: P-1223 SEAL: J Q In Q U Z N 0 00 w Z o�N a o cn > W 0 CL c) LLJ N W Q�U � H Q = LU CL QUO uu u F- Z zU a 02� O _ ~0 u Iq DATE BY REVISION PROJECT #: DRAWN BY: DCF 212006 CHECKED BY: GLC DATE: APPROVED BY: CMF 03/19/2021 SHEET: SCALE: w-2 1=80 Appendix C Avoidance and Minimization hart 1 hickman SMARTER ENVIRONMENTAL SOLUTIONS Appendix C Avoidance and Minimization Proposed Hambright Industrial 10695 Hambright Road Huntersville, North Carolina H&H Job No. TRI-003 Avoidance and Minimization The proposed development is located northwest of the intersection of Hambright Road and Mount Holly-Huntersville Road in Huntersville, Mecklenburg County, North Carolina. The Site consists one parcel (Mecklenburg County Parcel Number 01740104) that contains approximately 23.14 acres. H&H reviewed State and Federal Threatened and Endangered Species databases for the Site and conducted a screening survey of the Site and surrounding area in November of 2020 for Federal Threatened and Endangered Species, and none were identified. Although the survey was conducted after the growing season, only one freeze event occurred prior to the survey on November 3, 2020. On -Site herbs, grasses and shrubs were still present during the screening survey. H&H also reviewed the National Registry of Historic Places (NRHP) for Sites located in Mecklenburg County, North Carolina; the North Carolina State Historic Preservation Office (NC SHPO) GIS viewer; and the Site and surrounding area via visual reconnaissance for the potential presence of historic, cultural, and/or archeological sites. No recorded sites were noted on or adjacent to the Site. No significant structures were observed on -Site. H&H requested comment on the Site from the United States Fish and Wildlife Service (FWS), NC Wildlife Resources Commission (WRC), and NC SHPO in March 2021. Agency responses are included in Appendix D. To minimize Site impacts, the proposed Site plan was designed to avoid Waters of the US to the maximum extent practicable. The Site building, parking areas, loading docks, and stormwater management areas have been designed to primarily occupy upland areas. The sanitary sewer along the southern and western portions of the Site is being realigned, and a variance has been proposed to allow the Site building to be shifted southwest into the required roadside buffer along Hambright Road in an attempt to further reduce impacts. 1 https://harthick.sharepoint.com/sites/MasterFiles-1/Shared Documents/AAA-Master Projects/Trinity Partners(TRI)/TRI-003/Perrnitting/PCN hart 0 _ hickman Application/Hambright/C - Avoid and Minimize.docx . SMARTER ENVIRONMENTAL SOLUTIONS A previously designed Concept Site Plan prepared by D&A Wolverine indicates that the developer originally proposed a significantly larger area of disturbance, which included additional parking areas. The proposed Site building has been reduced from 285,000 square feet to 225,000 square feet which is the industry minimum required for the current market. In addition, infrastructure has been shifted and a retaining wall has been proposed to further avoid grading in Waters of the U.S. The current Site Plan and prior Concept Site Plan are included in Appendix B. During Site development, good erosion and sediment control practices will be followed. Extensive silt fencing will be used on the construction Site perimeter and along stream and wetland boundaries. Mitigation Mitigation is typically required by the USACE Nationwide Permit 39 for impacts greater than 0.1- acre of wetlands and 0.02 acre of stream. Due to the proposed impacts to 0.355 acre of on -Site wetlands and 0.034 acre (443 linear feet) of on -Site streams, compensatory mitigation is proposed in the form of purchasing wetland mitigation credits from the Division of Mitigation Service In - Lieu Fee Program and stream mitigation credits from the RES Catawba Umbrella Mitigation Bank. The mitigation acceptance letters are included in Appendix F. A North Carolina Wetland Assessment Method (WAM) form and North Carolina Stream Assessment (SAM) forms have been conducted for the on -Site wetland (Wetland `A') and on -Site stream (Stream Channel `A') respectively. The WAM and SAM forms are attached in Appendix G. The overall WAM rating for the wetland is medium quality, and the overall SAM rating for the stream is medium quality. Because the wetland and stream are of medium quality, a mitigation ratio of 2:1 is proposed although we believe a 1.5:1 ratio would also be reasonable if the Corps agrees. At a 2:1 mitigation ratio, 0.71 acre of mitigation is proposed for impacts to wetlands via the In -Lieu Fee Program, and 886 linear feet of mitigation is proposed for impacts to streams via private mitigation bank. 2 https://harthick.sharepoint.com/sites/MasterFiles-1/Shared Documents/AAA-Master Projects/Trinity Partners(TRI)/TRI-003/Perrnitting/PCN hart 0 _ hickman Application/Hambright/C - Avoid and Minimize.docx . SMARTER ENVIRONMENTAL SOLUTIONS Appendix D Supplemental Documents 14 hart hickman SMARTER ENVIRONMENTAL SOLUTIONS ua United States Department of the InteriorSERVIUE FISH AND WILDLIFE SERVICE Asheville Field Office 160 Zillicoa StreetFl Asheville, North Carolina 28801 April 12, 2021 Dan McCauley 3921 Sunset Ridge Rd, Ste 301 Raleigh, North Carolina 27607 dmccauley@harthickman.com Dear Dan McCauley: Subject: Hambright Road Undisclosed Development; Mecklenburg County, North Carolina The U.S. Fish and Wildlife Service (Service) has reviewed the information provided in your correspondence dated March 12, 2021 wherein you solicit our comments regarding project - mediated impacts to federally protected species. We submit the following comments in accordance with the provisions of the Fish and Wildlife Coordination Act, as amended (16 U.S.C. 661-667e); the National Environmental Policy Act (42 U.S.C. §4321 et seq.); and section 7 of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531-1543) (Act). Project Description Your correspondence did not describe the proposed project or identify a federal nexus. We require this information to complete our review. Guidance information about the contents of a biological evaluation/biological assessment can be found here: hqps://www.fws.gov/asheville/htmls/project review/assessment guidance.html Federally Listed Endangered and Threatened Species According to Service records, suitable summer roosting habitat may be present in the project area for the federally threatened northern long-eared bat (Myotis septentrionalis). However, the final 4(d) rule, (effective as of February 16, 2016) exempts incidental take of northern long-eared bat associated with activities that occur greater than 0.25 miles from a known hibernation site, and greater than 150 feet from a known, occupied maternity roost during the pup season (June 1 — July 31). Based on the information provided, the project would occur at a location where any incidental take that may result from associated activities is exempt under the 4(d) rule. Although not required, we encourage you to conduct any associated tree clearing activities outside the pup season (June 1 to July 31) and/or active season (April 1 to October 15) to reduce the chance of impacting unidentified maternity roosts. According to the information provided, suitable habitat occurs onsite for the endangered Schweinitz's sunflower (Helianthus schweinitzii), Smooth coneflower (Echinacea laevigata) and Michaux's sumac (Rhus michauxii). However, botanical surveys conducted during November 2020 detected no evidence for these species at that time. Due to the presence of suitable habitat, but lack of onsite evidence for these species, we believe the probability for project -mediated loss is insignificant and discountable. Therefore, we would concur with a "may affect, not likely to adversely affect" determination for these species from the applicable federal action agency. Moreover, we believe that suitable habitat is not present onsite for the federally endangered Carolina heelsplitter (Lasmigona decorata), and we require no further information at this time. Please be aware that obligations under section 7 of the Endangered Species Act must be reconsidered if. (1) new information reveals impacts of this identified action that may affect listed species or critical habitat in a manner not previously considered, (2) this action is subsequently modified in a manner that was not considered in this review, or (3) a new species is listed or critical habitat is determined that may be affected by the identified action. The Service appreciates the opportunity to provide these comments. Please contact Ms. Karla Quast of our staff at karla_quast@fws.gov, if you have any questions. In any future correspondence concerning this project, please reference our Log Number 4-2-21-186. Sincerely, - - original signed - - Janet Mizzi Field Supervisor 2 North Carolina Department of Natural and Cultural Resources State Historic Preservation Office Ramona M. Bartos, Administrator Governor Roy Cooper Secretary D. Reid Wilson April 28, 2021 Dan W. McCauley dmccauleygharthickman.com Hart & Hickman, PC 3921 Sunset Ridge Road, Suite 301 Raleigh, NC 27607 Re: Construct multi -family development, 10695 Hambright Road, Huntersville, Mecklenburg County, ER 21-0753 Dear Mr. McCauley: Thank you for your email of March 12, 2021, regarding the above -referenced undertaking. We have reviewed the submittal and offer the following comments. We have conducted a review of the project and are aware of no historic resources which would be affected by the project. Therefore, we have no comment on the project as proposed. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, contact Renee Gledhill -Earley, environmental review coordinator, at 919-814-6579 or environmental.reviewkncdcr.gov. In all future communication concerning this project, please cite the above referenced tracking number. Sincerely, Ramona Bartos, Deputy State Historic Preservation Officer Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: (919) 814-6570/814-6898 9 North Carolina Wildlife Resources Commission 9 Cameron Ingram, Executive Director 17 March 2021 Mr. Dan McCauley Hart & Hickman PC 3921 Sunset Ridge Road, Ste 301 Raleigh, North Carolina 27607 Subject: Request for Environmental Review 10695 Hambright Road Redevelopment Huntersville, Mecklenburg County, North Carolina Dear Mr. McCauley, Biologists with the North Carolina Wildlife Resource Commission (NCWRC) received your email on 12 March 2021. Biologists with NCWRC have reviewed the subject information. Comments are provided in accordance with provisions of the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667e) and North Carolina General Statutes (G.S. 113-131 et seq.). Hart & Hickman, PC (H&H) is requesting information on the potential impacts to threatened and endangered species and critical habitats at or near the proposed redevelopment project to be located at 10695 Hambright Road in Huntersville, Mecklenburg County, North Carolina. The 23.14-acre site is a former residence that is forested in the western portion and a maintained, grassy area in the eastern portion. The site drains to an unnamed tributary of Torrence Creek in the Catawba River basin occurs at the site. Torrence Creek is classified as a Water Supply IV stream by the NC Division of Water Resources. H&H documented a stream in the northeastern portion of the site and a wetland in the east -central portion of the site. NCWRC has no current records of federal or state rare, threatened or endangered species within or adjacent to the site. H&H surveyed the site for federally protected species and their suitable habitat in November 2020, and no individuals were observed during the field survey. Please note that November is outside the optimal survey window for the federally listed plant species. We offer the following preliminary recommendations to minimize impacts to aquatic and terrestrial wildlife resources. 1. We recommend the proposed redevelopment avoid impacting the stream and wetland on the site. 2. Also, maintain a minimum 100-foot undisturbed, native, forested buffer along perennial streams, and a minimum 50-foot buffer along intermittent streams and wetlands. Maintaining undisturbed, forested buffers along these areas will minimize impacts to aquatic and terrestrial wildlife Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721 Telephone: (919) 707-0220 • Fax: (919) 707-0028 Page 2 17 March 2021 Hambright Rd Redevelopment Mecklenburg County resources, water quality, and aquatic habitat both within and downstream of the project area. Also, wide riparian buffers are helpful in maintaining stability of stream banks and for treatment of pollutants associated with urban stormwater. 3. Disturbed areas should be re -seeded with native seed mixtures. Avoid fescue -based mixtures and lespedeza because fescue is invasive and/or non-native. Native, annual small grains appropriate for the season are preferred and recommended. Consider planting native, wildflower seed mixes and plants that will create pollinator habitat within the site. Avoid using invasive, non-native plants in seed mixtures or landscaping plants (http://www.ncwildflower.org//plant galleries/invasives_list). 4. We recommend using green construction techniques to improve water, waste, and energy efficiency, such as environmental -friendly building techniques, construction waste management, and energy efficient building materials. Use non-invasive native species and Low Impact Development (LID) technology in landscaping. Using LID technology in landscaping will not only help maintain the predevelopment hydrologic regime, but also enhance the aesthetic and habitat value of the site. LID techniques include permeable pavement and bioretention areas that can collect stormwater from driveways and parking areas. Additional alternatives include narrower roads, swales versus curbs/gutters and permeable surfaces such as turf stone, brick, and cobblestone. Compared to conventional developments, implementing appropriate LID techniques can be more cost-effective, increase property values, provide space -saving advantages, reduce runoff, and protect water quality (Roseen et al. 2011). Also, additional information on LID can be found at the NC State University LID guide: hqp://www.onsiteconsortium.org/npsdeal/NC_LID_Guidebook.pd£ NCWRC's Green Growth Toolbox provides information on nature -friendly planning (http://www.ncwildlife.org/Conservin /g Programs/GreenGrowthToglbox.aspx). At this time, the information provided is not sufficient for our staff to make definitive recommendations or conclusions concerning this project. If I can be of additional assistance, please call (919) 707-0364 or email olivia.munzer(c-r�,ncwildlife.org. Sincerely, Olivia Munzer Western Piedmont Habitat Conservation Coordinator Habitat Conservation Program Literature Cited Roseen, R. M., T. V. Janeski, J. J. Houle, M. H. Simpson, and J. Gunderson. 2011. Forging the Link: Linking the Economic Benefits of Low Impact Development and Community Decisions. Available at: https://owl.cyT.org/mdocs::posts/roseen-et-al-201 1-forging-the-link/. ec: Byron Hamstead, USFWS Appendix E Preliminary Jurisdictional Determination 14 hart hickman SMARTER ENVIRONMENTAL SOLUTIONS U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2021-00094 County: Mecklenburg U.S.G.S. Quad: NC- Cornelius NOTIFICATION OF JURISDICTIONAL DETERMINATION Requestor: Sports Village Land Group, LLC Mike Clapp Address: 16930 W. Catawba Avenue, Suite 205 Cornelius, NC 28031 Telephone Number: 704-201-8876 E-mail: msclappO&yahoo.com Size (acres) 23.14 Nearest Town Huntersville Nearest Waterway Torrence Creek River Basin Santee USGS HUC 03050101 Coordinates Latitude: 35.377344 Longitude:-80.856549 Location description: The review area is located on the north side of Hambright Road; approximately 0.1 miles west of the intersection of Hambright Road and Mt. Holly-Huntersville Road. PIN: 01740104. Reference review area description shown in Jurisdictional Determination Request package entitled "Figure No. 1, Site Location Mad' and dated 12/07/20. Indicate Which of the Following Apply: A. Preliminary Determination ® There appear to be waters, including wetlands 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, including wetlands 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 11/25/2020. 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, including wetlands 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, including wetlands 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, including wetlands at the project area, which is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters, including wetlands 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 waters, including wetlandson 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, including wetlands 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, including wetlands 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 SAW-2021-00094 suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey 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, including wetlands 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 (LAMA). 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 Bryan Roden -Reynolds at 704-510-1440 or bryan.roden-reynolds(a,usace.army.mil. C. Basis For Determination: Basis For Determination: See the preliminary jurisdictional determination form dated 01/15/2021. 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 1OM15 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.** RODEN Digitally signed by RODEN Co s Re ulato Official: REYNOLDS.BRYAN.KENNETH.1263385574 REYNO YAN.KENNETH.1263385574 g � p�o�mi�n ,� ��-08:�3;3a _nVnn�.� Date of JD: 01/15/2021 Expiration Date of JD: Not applicable SAW-2021-00094 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/Pp=l 36:4:0 Copy furnished: Agent: Hart and Hickman Dan McCaulev Address: 3921 Sunset Ridge Road, Suite 301 Raleigh, NC 27607 Telephone Number: 704-998-1864 E-mail: dmccaulevAharthickman.com NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: Sports Village Land Group, LLC, Mike File Number: SAW-2021-00094 Date: 01/15/2021 Cla 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 ❑X PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at or http://www.usace.gM.mil/Missions/CivilWorks/Re ugulatoryProgramandPertnits.aspx 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 final 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 the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final 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. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision and/or the If you only have questions regarding the appeal process you may appeal process you may contact: also contact: District Engineer, Wilmington Regulatory Division Mr. Phillip Shannin, Administrative Appeal Review Officer Attn: Bryan Roden -Reynolds CESAD-PDO Charlotte Regulatory Office U.S. Army Corps of Engineers, South Atlantic Division U.S Army Corps of Engineers 60 Forsyth Street, Room 1OM15 8430 University Executive Park Drive, Suite 615 Atlanta, Georgia 30303-8801 Charlotte, North Carolina 28262 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 opportuni to participate in all site investi ations. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: Bryan Roden -Reynolds, 69 Darlington Avenue, Wilmington, North Carolina 28403 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 1OM15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: 01/15/2021 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Sports Village Land Group, LLC, Mike Clapp, 16930 W. Catawba Avenue, Suite 205, Cornelius, NC 28031 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Huntersville Sports Village, SAW-2021-00094 D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The review area is located on the north side of Hambright Road; approximately 0.1 miles west of the intersection of Hambright Road and Mt. Holly-Huntersville Road. PIN: 01740104. Reference review area description shown in Jurisdictional Determination Request package entitled "Figure No. 1, Site Location Map" and dated 12/07/20. (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: NC County: Mecklenburg City: Huntersville Center coordinates of site (lat/long in degree decimal format): Latitude: 35.377344 Longitude:-80.856549 Universal Transverse Mercator: Name of nearest waterbody: Torrence Creek E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ® Office (Desk) Determination. Date: 01/14/21 ❑ Field Determination. Date(s): TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION Feature Latitude Longitude Estimated Type of aquatic Geographic authority to (decimal (decimal amount of resources (i.e., which the aquatic degrees) degrees) aquatic wetland vs. resource "may be" resources in non -wetland subject (i.e., Section 404 review area waters) or Section 10/404) (acreage and linear feet, if applicable Stream SCA 35.378533 -80.858105 346 linear feet Non -wetland 404 (per.) Stream SCA 35.378122 -80.857611 317 linear feet Non -wetland 404 (int.) Wetland WAA 35.377903 -80.85746 0.355 acre Wetland 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 or judicial 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: SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items are included in the administrative record and are appropriately cited: 0 Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Map: Figure Nos. 1-2 and numerous unnumbered figures 0 Data sheets prepared/submitted by or on behalf of the PJD requestor. Datasheets: 0 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: 0 U. S. Geological Survey map(s). Cite scale & quad name: Figure No. 1, Site Location Map (USGS 7.5-minute quadrangle Cornelius, NC) ONatural Resources Conservation Service Soil Survey. Citation: Unnumbered Figure, Hydric Rating by Map Unit (Web Soil Survey of Mecklenburg County) ONational wetlands inventory map(s). Cite name: Unnumbered Figure, National Wetlands Inventory (USFWS NWI Mapper) ❑ State/local wetland inventory map(s): ❑ FEMA/FIRM maps: ❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929) 0 Photographs: 0 Aerial (Name & Date): Figure No. 2, Preliminary Wetland Delineation Map (Dated 11/25/20) or 0 Other (Name & Date): Photographs 1-6 ❑Previous determination(s). File no. and date of response letter: DOther information (please specify): Unnumbered Figure, NC Water Supply Watersheds (Dated 12/15/20), Unnumbered Figure, Polaris 3G Map (undated), and NCDWO Stream Identification Forms, Version 4.11 (Dated 11/18/20) 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. RODEN Digitally signed by RODEN REYNOLDS.BRYAN.K REYNOLDS.BRYAN.KENNE ENNETH.126338557 TH.1263385574 Date: 2021.01.15 08:53:15 4-05'00' Signature and date of Regulatory staff member completing PJD 01 / 15/2021 Signature and date of person requesting PJD (REQUIRED, unless obtaining the signature is impracticable)1 1 Districts may establish timeframes for requester to return signed PJD forms. If the 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. J = f a So IL fn N <p N w N z Z Z F y W Z wQ m �vOiV Z Z r a o Q J z f O Q WQ C7 o �Z to Nn# Z W w f l H W W cN0 m F W F M _ Q Z � Q J O J_ p L G O j - 4 �' a '2 d LL Q W D w H�OQN W U' iaa W K x OO .Z... 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BISER Secretary TIM BAUMGARTNER Director Sherrie Chaffin Trinity Capital Advisors 440 South Church Street, Suite 800 Charlotte, NC 28202 Project: Hambright Road Industrial NORTH CAROLINA Environmental Quality July 21, 2021 Expiration of Acceptance: 1/21/2022 County: Mecklenburg The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to accept payment for compensatory mitigation for impacts associated with the above referenced project as indicated in the table below. Please note that this decision does not assure that participation in the DMS in - lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will be approved. You must also comply with all other state, federal or local government permits, regulations or authorizations associated with the proposed activity including G.S. § 143-214.11. This acceptance is valid for six months from the date of this letter and is not transferable. If we have not received a copy of the issued 404 Permit/401 Certification within this time frame, this acceptance will expire. It is the applicant's responsibility to send copies of the permits to DMS. Once DMS receives a copy of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the in -lieu fee to be paid by an applicant is calculated based upon the Fee Schedule and policies listed on the DMS website. Based on the information supplied by you in your request to use the DMS, the impacts for which you are requesting compensatory mitigation credit are summarized in the following table. The amount of mitigation required and assigned to DMS for this impact is determined by permitting agencies and may exceed the impact amounts shown below. River Basin Impact Location 8-di it HUC Impact Type Impact Quantity Catawba 03050101 Riparian Wetland 0.71 Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The mitigation will be performed in accordance with the In -Lieu Fee Program instrument dated July 28, 2010. Thank you for your interest in the DMS in -lieu fee mitigation program. If you have any questions or need additional information, please contact Kelly.Williams@ncdenr.gov. Sincerely, lkva�du� FOR James. B Stanfill Asset Management Supervisor cc: Dan McCauley, agent Q ,� North Carolina Department of Environmental Quality I Division of Mitigation Services e:!��—QE217 West Jones Street i 1652 Mail Service Center I Raleigh, North Carolina 27699-1652 NORTH CAPOLINA D.mft.morEi,_1--�ma�a� r 919.707.8976 fires Environmental Banc & Exchange, LLC Stream and Stream Banks Statement of Availability July 21, 2021 U.S. Army Corps of Engineers Bryan Roden -Reynolds Raleigh Regulatory Field Office 3331 Heritage Trade Center, Suite 105 Wake Forest, NC 27587 Re Project: Hambright Road Industrial This document confirms that the Trinity Capital Advisors (Applicant) for the Hambright Road Industrial (Project) has expressed an interest to utilize 886 Stream Mitigation Credits from the EBX sponsored RES Catawba Umbrella Mitigation Bank, specifically 886 Stream credits from the Dogtown Site, in the Catawba HUC 03050101. As the official Bank Sponsor, Environmental Banc & Exchange, LLC, attests to the fact that mitigation is available for reservation at this time. These mitigation credits are not considered secured, and consequently are eligible to be used for alternate purposes by the Bank Sponsor, until payment in full is received from the Applicant resulting in the issuance of a Mitigation Credit Transfer Certificate by the bank acknowledging that the Applicant has fully secured credits from the bank and the Banker has accepted full responsibility for the mitigation obligation requiring the credits/units. The Banker will issue the Mitigation Credit Transfer Certificate within three (3) days of receipt of the purchase price. Banker shall provide to Applicant a copy of the Mitigation Credit Transfer Certificate and a documented copy of the debit of credits from the Bank Official Credit Ledger(s), indicating the permit number and the resource type secured by the applicant. A copy of the Mitigation Credit Transfer Certificate, with an updated Official Credit Ledger will also be sent to regulatory agencies showing the proper documentation. Please contact me at 919-209-1075 if you have any questions. Best Regards, V Caitlan B. Parker Resource Environmental Solutions, LLC 701 E. Bay Street, Suite 306 Charleston, SC 29403 Appendix G NC WAM and NC SAM Forms hart 1 hickman SMARTER ENVIRONMENTAL SOLUTIONS NC SAM FIELD ASSESSMENT FORM ies user manual version c.-i INSTRUCTIONS: Attach a sketch of the assessment area and photographs. Attach a copy of the USGS 7.5-minute topographic quadrangle, and circle the location of the stream reach under evaluation. If multiple stream reaches will be evaluated on the same property, identify and number all reaches on the attached map, and include a separate form for each reach. See the NC SAM User Manual for detailed descriptions and explanations of requested information. Record in the "Notes/Sketch" section if any supplementary measurements were performed. See the NC SAM User Manual for examples of additional measurements that may be relevant. NOTE EVIDENCE OF STRESSORS AFFECTING THE ASSESSMENT AREA (do not need to be within the assessment area). PROJECT / SITE INFORMATION: 1. Project name (if any): Hambright Road Industrial 2. Date of evaluation: 11-18-21 3. Applicantlowner name: Trinity Capital Advisors / SVG, LLC 4. Assessor name/organization: DWM - H&H 5. County: Mecklenburg 6. Nearest named water body 7. River Basin: Catawba on USGS 7.5-minute quad: Cornelius 8. Site coordinates (decimal degrees, at lower end of assessment reach): 35.378153,-80.857507 STREAM INFORMATION: (depth and width can be approximations) 9. Site number (show on attached map): SCA - Perennial 10. Length of assessment reach evaluated (feet): 50 11. Channel depth from bed (in riffle, if present) to top of bank (feet): .3 F Unable to assess channel depth. 12. Channel width at top of bank (feet): 3 13. Is assessment reach a swamp stream? C Yes C No 14. Feature type: (* Perennial flow r Intermittent flow C. Tidal Marsh Stream STREAM RATING INFORMATION: 15. NC SAM Zone: C Mountains (M) (a- Piedmont (P) C Inner Coastal Plain (1) C Outer Coastal Plain (0) 16. Estimated geomorphic valley shape (skip for C a (e b Tidal Marsh Stream): (more sinuous stream, flatter valley slope) (less sinuous stream, steeper valley slope) 17. Watershed size: (skip (i Size 1 (< 0.1 mi`) {` Size 2 (0.1 to < 0.5 mi`) {` Size 3 (0.5 to < 5 mi`) { Size 4 (>> 5 mi`) for Tidal Marsh Stream) ADDITIONAL INFORMATION: 18. Were regulatory considerations evaluated? C. Yes 0-No If Yes, check all that appy to the assessment area. F Section 10 water r Classified Trout Waters r Water Supply Watershed ( r I C II C III 0 IV ( V) F Essential Fish Habitat F_ Primary Nursery Area High Quality Waters/Outstanding Resource Waters F Publicly owned property r NCDWR riparian buffer rule in effect r Nutrient Sensitive Waters F Anadromous fish F 303(d) List F CAMA Area of Environmental Concern (AEC) F_ Documented presence of a federal and/or state listed protected species within the assessment area. List species: F_ Designated Critical Habitat (list species): 19. Are additional stream information/supplementary measurements included in "Notes/Sketch" section or attached? Yes r. No 1. Channel Water - assessment reach metric (skip for Size 1 streams and Tidal Marsh Streams) (i A Water throughout assessment reach. C B No flow, water in pools only. C C No water in assessment reach. 2. Evidence of Flow Restriction - assessment reach metric C A At least 10% of assessment reach in -stream habitat or riffle -pool sequence is adversely affected by a flow restriction or fill to the point of obstructing flow or a channel choked with aquatic macrophytes or ponded water or impounded on flood or ebb within the assessment reach (examples: undersized or perched culverts, causeways that constrict the channel, tidal gates). B Not A 3. Feature Pattern - assessment reach metric A A majority of the assessment reach has altered pattern (examples: straightening, modification above or below culvert). (9 B Not A. 4. Feature Longitudinal Profile - assessment reach metric Ci A Majority of assessment reach has a substantially altered stream profile (examples: channel down -cutting, existing damming, over widening, active aggradation, dredging, and excavation where appropriate channel profile has not reformed from any of these disturbances). (` B Not A 5. Signs of Active Instability - assessment reach metric Consider only current instability, not past events from which the stream has currently recovered. Examples of instability include active bank failure, active channel down -cutting (head -cut), active widening, and artificial hardening (such as concrete, gabion, rip -rap). r A < 10% of channel unstable r B 10 to 25% of channel unstable (: C > 25% of channel unstable 6. Streamside Area Interaction - streamside area metric Consider for the Left Bank (LB) and the Right Bank (RB). LB RB Ce A 0 A Little or no evidence of conditions that adversely affect reference interaction C. B C B Moderate evidence of conditions (examples: berms, levees, down -cutting, aggradation, dredging) that adversely affect reference interaction (examples: limited streamside area access, disruption of flood flows through streamside area, leaky or intermittent bulkheads, causeways with floodplain constriction, minor ditching [including mosquito ditching]) C C C C Extensive evidence of conditions that adversely affect reference interaction (little to no flood plain/intertidal zone access [examples: causeways with floodplain and channel constriction, bulkheads, retaining walls, fill, stream incision, disruption of flood flows through streamside area] or too much flood plain/intertidal zone access [examples: impoundments, intensive mosquito ditching]) or flood plain/intertidal zone unnaturally absent or assessment reach is a man-made feature on an interstream divide Water Quality Stressors — assessment reach/intertidal zone metric Check all that apply. A Discolored water in stream or intertidal zone (milky white, blue, unnatural water discoloration, oil sheen, stream foam) B Excessive sedimentation (burying of stream features or intertidal zone) I C Noticeable evidence of pollutant discharges entering the assessment reach and causing a water quality problem F_ D Odor (not including natural sulfide odors) F_ E Current published or collected data indicating degraded water quality in the assessment reach. Cite source in the "Notes/Sketch" section. F F Livestock with access to stream or intertidal zone F_ G Excessive algae in stream or intertidal zone r- H Degraded marsh vegetation in the intertidal zone (removal, burning, regular mowing, destruction, etc.) F I Other: (explain in "Notes/Sketch" section) F J Little to no stressors 8. Recent Weather —watershed metric For Size 1 or 2 streams, D1 drought or higher is considered a drought; for Size 3 or 4 streams, D2 drought or higher is considered a drought. r A Drought conditions and no rainfall or rainfall not exceeding 1 inch within the last 48 hours {` B Drought conditions and rainfall exceeding 1 inch within the last 48 hours ( C No drought conditions 9 Large or Dangerous Stream — assessment reach metric (` Yes Ce No Is stream is too large or dangerous to assess? If Yes, skip to Metric 13 (Streamside Area Ground Surface Condition). 10. Natural In -stream Habitat Types — assessment reach metric 10a. r Yes re No Degraded in -stream habitat over majority of the assessment reach (examples of stressors include excessive sedimentation, mining, excavation, in -stream hardening [for example, rip -rap], recent dredging, and snagging) (evaluate for size 4 Coastal Plain streams only, then skip to Metric 12) 10b. Check all that occur (occurs if > 5% coverage of assessment reach) (skip for Size 4 Coastal Plain streams) F_ A Multiple aquatic macrophytes and aquatic mosses m w j— F 5% oysters or other natural hard bottoms (include liverworts, lichens, and algal mats) F m r G Submerged aquatic vegetation F B Multiple sticks and/or leaf packs and/or emergent o F H Low -tide refugia (pools) vegetation r o r I Sand bottom N F C Multiple snags and logs (including lap trees) r m F J 5% vertical bank along the marsh r D 5% undercut banks and/or root mats and/or roots O r K Little or no habitat in banks extend to the normal wetted perimeter F E Little or no habitat *********************************REMAINING QUESTIONS ARE NOT APPLICABLE FOR TIDAL MARSH STREAMS**************************** 11. Bedform and Substrate —assessment reach metric (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams) 11 aA Yes C No Is assessment reach in a natural sand -bed stream? (skip for Coastal Plain streams) 11 b. Bedform evaluated. Check the appropriate box(es). r A Riffle -run section (evaluate 11c) F_ B Pool -glide section (evaluate 11d) F C Natural bedform absent (skip to Metric 12, Aquatic Life) 11 c. In riffles sections, check all that occur below the normal wetted perimeter of the assessment reach — whether or not submerged. Check at least one box in each row (skip for Size 4 Coastal Plain Streams and Tidal Marsh Streams). Not Present (NP) _ absent, Rare (R) = present but 5 10%, Common (C) _ > 10-40%, Abundant (A) _ > 40-70%, Predominant (P) _ > 70%. Cumulative percentages should not exceed 100% for each assessment reach. NP R C A P Ca C C C C Bedrock/saprolite Ce C C C C Boulder (256 — 4096 mm) Ca C C C C Cobble (64 — 256 mm) C (W C C C Gravel (2 — 64 mm) C C C C: C Sand (.062 — 2 mm) C C C 0 C Silt/clay (< 0.062 mm) ( C C C C Detritus (W C C C C Artificial (rip -rap, concrete, etc.) 11 d. (— Yes (— No Are pools filled with sediment? (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams) 12. Aquatic Life — assessment reach metric (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams) 12a.0 Yes C No Was an in -stream aquatic life assessment performed as described in the User Manual? If No, select one of the following reasons and skip to Metric 13. C No Water C Other: 12b. (W Yes (— No Are aquatic organisms present in the assessment reach (look in riffles, pools, then snags)? If Yes, check all that apply. If No, skip to Metric 13. 1 >1 Numbers over columns refer to "individuals' for size 1 and 2 streams and "taxa" for size 3 and 4 streams. F r Adult frogs F F Aquatic reptiles F r Aquatic macrophytes and aquatic mosses (include liverworts, lichens, and algal mats) F r Beetles (including water pennies) F_ F_ Caddisfly larvae (Trichoptera [T]) F_ r Asian clam (Corbicula ) F7 r- Crustacean (isopod/amphipod/crayfish/shrimp) F r Damselfly and dragonfly larvae F F Dipterans (true flies) F r Mayfly larvae (Ephemeroptera [E]) F F Megaloptera (alderfly, fishily, dobsonfly larvae) r r Midges/mosquito larvae F_ F_ Mosquito fish (Gambusia) or mud minnows (Umbra pygmaea) r r Mussels/Clams (not Corbicula ) F F Other fish F r Salamanders/tadpoles F F Snails F r Stonefly larvae (Plecoptera [P]) F F Tipulid larvae F r Worms/leeches 13. Streamside Area Ground Surface Condition — streamside area metric (skip for Tidal Marsh Streams and B valley types) Consider for the Left Bank (LB) and the Right Bank (RB). Consider storage capacity with regard to both overbank flow and upland runoff. LB RB (i A re A Little or no alteration to water storage capacity over a majority of the streamside area C B (` B Moderate alteration to water storage capacity over a majority of the streamside area C C C C Severe alteration to water storage capacity over a majority of the streamside area (examples include: ditches, fill, soil, compaction, livestock disturbance, buildings, man-made levees, drainage pipes) 14. Streamside Area Water Storage — streamside area metric (skip for Size 1 streams, Tidal Marsh Streams, and B valley types) Consider for the Left Bank (LB) and the Right Bank (RB) of the streamside area. LB RB C A C A Majority of streamside area with depressions able to pond water z 6 inches deep C B C B Majority of streamside area with depressions able to pond water 3 to 6 inches deep tW C tW C Majority of streamside area with depressions able to pond water < 3 inches deep 15. Wetland Presence — streamside area metric (skip for Tidal Marsh Streams) Consider for the Left Bank (LB) and the Right Bank (RB). Do not consider wetlands outside of the streamside area or within the normal wetted perimeter of assessment reach. LB RB C Y r Y Are wetlands present in the streamside area? (o. N (o. N 16. Baseflow Contributors — assessment reach metric (skip for size 4 streams and Tidal Marsh Streams) Check all contributors within the assessment reach or within view of and draining to the assessment reach. F7 A Streams and/or springs (jurisdictional discharges) F B Ponds (include wet detention basins; do not include sediment basins or dry detention basins) F C Obstruction that passes some flow during low -flow periods within assessment area (beaver dam, bottom -release dam) F D Evidence of bank seepage or sweating (iron oxidizing bacteria in water indicates seepage) F E Stream bed or bank soil reduced (dig through deposited sediment if present) F F None of the above 17. Baseflow Detractors — assessment area metric (skip for Tidal Marsh Streams) Check all that apply. F A Evidence of substantial water withdrawals from the assessment reach (includes areas excavated for pump installation) F_ B Obstruction not passing flow during low flow periods affecting the assessment reach (ex: watertight dam, sediment deposit) Fe C Urban stream (>_ 24% impervious surface for watershed) F D Evidence that the stream -side area has been modified resulting in accelerated drainage into the assessment reach F E Assessment reach relocated to valley edge F F None of the above 18. Shading — assessment reach metric (skip for Tidal Marsh Streams) Consider aspect. Consider "leaf -on" condition. (a A Stream shading is appropriate for stream category (may include gaps associated with natural processes) (` B Degraded (example: scattered trees) C` C Stream shading is gone or largely absent 19. Buffer Width — streamside area metric (skip for Tidal Marsh Streams) Consider "vegetated buffer" and "wooded buffer" separately for left bank (LB) and right bank (RB) starting at the top of bank out to the first break. Vegetated Wooded LB RB LB RB (i A t: A A to A > 100-feet wide or extends to the edge of the watershed (' B (' B {' B r - B From 50 to < 100-feet wide C C C C (' C C C From 30 to < 50-feet wide C D r D C D C D From 10 to < 30-feet wide C E C E C E C E < 10-feet wide or no trees 20. Buffer Structure — streamside area metric (skip for Tidal Marsh Streams) Consider for left bank (LB) and right bank (RB) for Metric 19 ("Vegetated" Buffer Width). LB RB C A r A Mature forest (i B (e B Non -mature woody vegetation or modified vegetation structure C C C C Herbaceous vegetation with or without a strip of trees < 10 feet wide (` D (` D Maintained shrubs C E C E Little or no vegetation 21. Buffer Stressors - streamside area metric (skip for Tidal Marsh Streams) Check all appropriate boxes for left bank (LB) and right bank (RB). Indicate if listed stressor abuts stream (Abuts), does not abut but is within 30 feet of stream (< 30 feet), or is between 30 to 50 feet of stream (30-50 feet). If none of the following stressors occurs on either bank, check here and skip to Metric 22r%_1 Abuts < 30 feet 30-50 feet LB RB LB RB LB RB C A C A C A C A C A C A Row crops C B C B C B Q B C B C B Maintained turf C C C C C C C C C C C C Pasture (no livestock)/commercial horticulture C D C D C D C D C D C D Pasture (active livestock use) 22. Stem Density - streamside area metric (skip for Tidal Marsh Streams) Consider for left bank (LB) and right bank (RB) for Metric 19 ("Wooded" Buffer Width). LB RB • Ai A Medium to high stem density B (` B Low stem density ( C (' C No wooded riparian buffer or predominantly herbaceous species or bare ground 23. Continuity of Vegetated Buffer - streamside area metric (skip for Tidal Marsh Streams) Consider whether vegetated buffer is continuous along stream (parallel). Breaks are areas lacking vegetation > 10-feet wide. LB RB (* A (* A The total length of buffer breaks is < 25 percent. r B C B The total length of buffer breaks is between 25 and 50 percent. r C r C The total length of buffer breaks is > 50 percent. 24. Vegetative Composition - First 100 feet of streamside area metric (skip for Tidal Marsh Streams) Evaluate the dominant vegetation within 100 feet of each bank or to the edge of the watershed (whichever comes first) as it contributes to assessment reach habitat. LB RB (' A ( A Vegetation is close to undisturbed in species present and their proportions. Lower strata composed of native species, with non-native invasive species absent or sparse. {i B to B Vegetation indicates disturbance in terms of species diversity or proportions, but is still largely composed of native species. This may include communities of weedy native species that develop after clear -cutting or clearing or communities with non-native invasive species present, but not dominant, over a large portion of the expected strata or communities missing understory but retaining canopy trees. (` C (` C Vegetation is severely disturbed in terms of species diversity or proportions. Mature canopy is absent or communities with non-native invasive species dominant over a large portion of expected strata or communities composed of planted stands of non -characteristic species or communities inappropriately composed of a single species or no vegetation. 25. Conductivity- assessment reach metric (skip for all Coastal Plain streams) 25a. C Yes Ce No Was a conductivity measurement recorded? If No, select one of the following reasons. C No Water C Other: 25b. Check the box corresponding to the conductivity measurement (units of microsiemens per centimeter). ( A <46 (- B 46 to < 67 ( C 67 to < 79 (- D 79 to < 230 ( E >- 230 Notes/Sketch: NC SAM Stream Rating Sheet Accompanies User Manual Version 2.1 Stream Site Name Hambright Road Industrial Date of Evaluation 11-18-21 Stream Category Pb1 Assessor Name/Organization DWM - H&H Notes of Field Assessment Form (Y/N) NO Presence of regulatory considerations (Y/N) YES Additional stream information/supplementary measurements included (Y/N) YES NC SAM feature type (perennial, intermittent, Tidal Marsh Stream) Perennial USACE/ NCDWR Function Class Rating Summary All Streams Intermittent (1) Hydrology MEDIUM (2) Baseflow MEDIUM (2) Flood Flow MEDIUM (3) Streamside Area Attenuation HIGH (4) Floodplain Access HIGH (4) Wooded Riparian Buffer HIGH (4) Microtopography NA (3) Stream Stability LOW (4) Channel Stability LOW (4) Sediment Transport LOW (4) Stream Geomorphology MEDIUM (2) Stream/Intertidal Zone Interaction NA (2) Longitudinal Tidal Flow NA (2) Tidal Marsh Stream Stability NA (3) Tidal Marsh Channel Stability NA (3) Tidal Marsh Stream Geomorphology NA (1) Water Quality MEDIUM (2) Baseflow MEDIUM (2) Streamside Area Vegetation HIGH (3) Upland Pollutant Filtration HIGH (3) Thermoregulation HIGH (2) Indicators of Stressors NO (2) Aquatic Life Tolerance LOW (2) Intertidal Zone Filtration NA (1) Habitat MEDIUM (2) In -stream Habitat LOW (3) Baseflow MEDIUM NC SAM FIELD ASSESSMENT FORM ies user manual version c.-i INSTRUCTIONS: Attach a sketch of the assessment area and photographs. Attach a copy of the USGS 7.5-minute topographic quadrangle, and circle the location of the stream reach under evaluation. If multiple stream reaches will be evaluated on the same property, identify and number all reaches on the attached map, and include a separate form for each reach. See the NC SAM User Manual for detailed descriptions and explanations of requested information. Record in the "Notes/Sketch" section if any supplementary measurements were performed. See the NC SAM User Manual for examples of additional measurements that may be relevant. NOTE EVIDENCE OF STRESSORS AFFECTING THE ASSESSMENT AREA (do not need to be within the assessment area). PROJECT / SITE INFORMATION: 1. Project name (if any): Hambright Road Industrial 2. Date of evaluation: 11-18-21 3. Applicantlowner name: Trinity Capital Advisors / SVG, LLC 4. Assessor name/organization: DWM - H&H 5. County: Mecklenburg 6. Nearest named water body 7. River Basin: Catawba on USGS 7.5-minute quad: Cornelius 8. Site coordinates (decimal degrees, at lower end of assessment reach): 35.378016,-80.857090 STREAM INFORMATION: (depth and width can be approximations) 9. Site number (show on attached map): SCA - Intermittent 10. Length of assessment reach evaluated (feet): 50 11. Channel depth from bed (in riffle, if present) to top of bank (feet): .2 r_ Unable to assess channel depth. 12. Channel width at top of bank (feet): 3 13. Is assessment reach a swamp stream? C Yes f No 14. Feature type: (7 Perennial flow 00 Intermittent flow C Tidal Marsh Stream STREAM RATING INFORMATION: 15. NC SAM Zone: C Mountains (M) (a- Piedmont (P) (' Inner Coastal Plain (1) ( Outer Coastal Plain (0) 16. Estimated geomorphic valley shape (skip for C. a re b Tidal Marsh Stream): (more sinuous stream, flatter valley slope) (less sinuous stream, steeper valley slope) 17. Watershed size: (skip (i Size 1 (< 0.1 mi`) {` Size 2 (0.1 to < 0.5 mi`) {` Size 3 (0.5 to < 5 mi`) { Size 4 (>> 5 mi`) for Tidal Marsh Stream) ADDITIONAL INFORMATION: 18. Were regulatory considerations evaluated? C Yes fi No If Yes, check all that appy to the assessment area. F Section 10 water F Classified Trout Waters F Water Supply Watershed ( C- I C- II C III (- IV r V) F Essential Fish Habitat F Primary Nursery Area F High Quality Waters/Outstanding Resource Waters F Publicly owned property r NCDWR riparian buffer rule in effect F Nutrient Sensitive Waters F Anadromous fish F 303(d) List F CAMA Area of Environmental Concern (AEC) F Documented presence of a federal and/or state listed protected species within the assessment area. List species: r Designated Critical Habitat (list species): 19. Are additional stream information/supplementary measurements included in "Notes/Sketch" section or attached? e4 Yes No 1. Channel Water - assessment reach metric (skip for Size 1 streams and Tidal Marsh Streams) (� A Water throughout assessment reach. C B No flow, water in pools only. f` C No water in assessment reach. 2. Evidence of Flow Restriction - assessment reach metric A At least 10% of assessment reach in -stream habitat or riffle -pool sequence is adversely affected by a flow restriction or fill to the point of obstructing flow or a channel choked with aquatic macrophytes or ponded water or impounded on flood or ebb within the assessment reach (examples: undersized or perched culverts, causeways that constrict the channel, tidal gates). • B Not A 3. Feature Pattern - assessment reach metric (.7 A A majority of the assessment reach has altered pattern (examples: straightening, modification above or below culvert). (-@ B Not A. 4. Feature Longitudinal Profile - assessment reach metric (� A Majority of assessment reach has a substantially altered stream profile (examples: channel down -cutting, existing damming, over widening, active aggradation, dredging, and excavation where appropriate channel profile has not reformed from any of these disturbances). C B Not A 5. Signs of Active Instability - assessment reach metric Consider only current instability, not past events from which the stream has currently recovered. Examples of instability include active bank failure, active channel down -cutting (head -cut), active widening, and artificial hardening (such as concrete, gabion, rip -rap). CA < 10% of channel unstable C B 10 to 25% of channel unstable (e C > 25% of channel unstable 6. Streamside Area Interaction - streamside area metric Consider for the Left Bank (LB) and the Right Bank (RB). LB RB (� A CS A Little or no evidence of conditions that adversely affect reference interaction ( B ( B Moderate evidence of conditions (examples: berms, levees, down -cutting, aggradation, dredging) that adversely affect reference interaction (examples: limited streamside area access, disruption of flood flows through streamside area, leaky or intermittent bulkheads, causeways with floodplain constriction, minor ditching [including mosquito ditching]) C` C C` C Extensive evidence of conditions that adversely affect reference interaction (little to no flood plain/intertidal zone access [examples: causeways with floodplain and channel constriction, bulkheads, retaining walls, fill, stream incision, disruption of flood flows through streamside area] or too much flood plain/intertidal zone access [examples: impoundments, intensive mosquito ditching]) or flood plain/intertidal zone unnaturally absent or assessment reach is a man-made feature on an interstream divide Water Quality Stressors - assessment reach/intertidal zone metric Check all that apply. A Discolored water in stream or intertidal zone (milky white, blue, unnatural water discoloration, oil sheen, stream foam) B Excessive sedimentation (burying of stream features or intertidal zone) F C Noticeable evidence of pollutant discharges entering the assessment reach and causing a water quality problem F D Odor (not including natural sulfide odors) r E Current published or collected data indicating degraded water quality in the assessment reach. Cite source in the "Notes/Sketch" section. F F Livestock with access to stream or intertidal zone F G Excessive algae in stream or intertidal zone F H Degraded marsh vegetation in the intertidal zone (removal, burning, regular mowing, destruction, etc.) F I Other: (explain in "Notes/Sketch" section) F, J Little to no stressors 8. Recent Weather -watershed metric For Size 1 or 2 streams, D1 drought or higher is considered a drought; for Size 3 or 4 streams, D2 drought or higher is considered a drought. A Drought conditions and no rainfall or rainfall not exceeding 1 inch within the last 48 hours {` B Drought conditions and rainfall exceeding 1 inch within the last 48 hours (= C No drought conditions 9 Large or Dangerous Stream - assessment reach metric (' Yes 00 No Is stream is too large or dangerous to assess? If Yes, skip to Metric 13 (Streamside Area Ground Surface Condition). 10. Natural In -stream Habitat Types - assessment reach metric 10a. (- Yes 0 No Degraded in -stream habitat over majority of the assessment reach (examples of stressors include excessive sedimentation, mining, excavation, in -stream hardening [for example, rip -rap], recent dredging, and snagging) (evaluate for size 4 Coastal Plain streams only, then skip to Metric 12) 10b. Check all that occur (occurs if > 5% coverage of assessment reach) (skip for Size 4 Coastal Plain streams) F A Multiple aquatic macrophytes and aquatic mosses m w F F 5% oysters or other natural hard bottoms (include liverworts, lichens, and algal mats) F m r G Submerged aquatic vegetation d F B Multiple sticks and/or leaf packs and/or emergent o F H Low -tide refugia (pools) vegetation r o r I Sand bottom N F C Multiple snags and logs (including lap trees) r m F J 5% vertical bank along the marsh F, D 5% undercut banks and/or root mats and/or roots O r K Little or no habitat in banks extend to the normal wetted perimeter E Little or no habitat *********************************REMAINING QUESTIONS ARE NOT APPLICABLE FOR TIDAL MARSH STREAMS**************************** 11. Bedform and Substrate -assessment reach metric (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams) 11 a. q Yes C. No Is assessment reach in a natural sand -bed stream? (skip for Coastal Plain streams) 11 b. Bedform evaluated. Check the appropriate box(es). F71 A Riffle -run section (evaluate 11c) F B Pool -glide section (evaluate 11d) F C Natural bedform absent (skip to Metric 12, Aquatic Life) 11 c. In riffles sections, check all that occur below the normal wetted perimeter of the assessment reach - whether or not submerged. Check at least one box in each row (skip for Size 4 Coastal Plain Streams and Tidal Marsh Streams). Not Present (NP) _ absent, Rare (R) = present but 5 10%, Common (C) _ > 10-40%, Abundant (A) _ > 40-70%, Predominant (P) _ > 70%. Cumulative percentages should not exceed 100% for each assessment reach. NP R C A P Bedrock/saprolite Boulder (256 - 4096 mm) {� (' C C C Cobble (64 - 256 mm) (- (-. (' (' (- Gravel (2 - 64 mm) (' (' (W C C Sand (.062 - 2 mm) ( ( W (' (— Silt/clay (< 0.062 mm) r C C C C Detritus (- (' (' (' (- Artificial (rip -rap, concrete, etc.) 11 d. C Yes (- No Are pools filled with sediment? (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams) 12. Aquatic Life - assessment reach metric (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams) 12a.q Yes C. No Was an in -stream aquatic life assessment performed as described in the User Manual? If No, select one of the following reasons and skip to Metric 13. (_ No Water (-Other: 12b. (- Yes ( No Are aquatic organisms present in the assessment reach (look in riffles, pools, then snags)? If Yes, check all that apply. If No, skip to Metric 13. 1 >1 Numbers over columns refer to "individuals' for size 1 and 2 streams and "taxa" for size 3 and 4 streams. F117 F Adult frogs F F Aquatic reptiles F F Aquatic macrophytes and aquatic mosses (include liverworts, lichens, and algal mats) F r Beetles (including water pennies) F F Caddisfly larvae (Trichoptera [T]) F F Asian clam (Corbicula ) F F Crustacean (isopod/amphipod/crayfish/shrimp) F F Damselfly and dragonfly larvae F F Dipterans (true flies) F F Mayfly larvae (Ephemeroptera [E]) F F Megaloptera (alderfly, fishily, dobsonfly larvae) F F Midges/mosquito larvae F F Mosquito fish (Gambusia) or mud minnows (Umbra pygmaea) F F Mussels/Clams (not Corbicula ) F F Other fish F F Salamanders/tadpoles F F Snails F F Stonefly larvae (Plecoptera [P]) F F Tipulid larvae F F Worms/leeches 13. Streamside Area Ground Surface Condition - streamside area metric (skip for Tidal Marsh Streams and B valley types) Consider for the Left Bank (LB) and the Right Bank (RB). Consider storage capacity with regard to both overbank flow and upland runoff. LB RB f: A fi A Little or no alteration to water storage capacity over a majority of the streamside area (' B (' B Moderate alteration to water storage capacity over a majority of the streamside area C C f C Severe alteration to water storage capacity over a majority of the streamside area (examples include: ditches, fill, soil, compaction, livestock disturbance, buildings, man-made levees, drainage pipes) 14. Streamside Area Water Storage - streamside area metric (skip for Size 1 streams, Tidal Marsh Streams, and B valley types) Consider for the Left Bank (LB) and the Right Bank (RB) of the streamside area. LB RB fi A f` A Majority of streamside area with depressions able to pond water z 6 inches deep B B Majority of streamside area with depressions able to pond water 3 to 6 inches deep (W C (W C Majority of streamside area with depressions able to pond water < 3 inches deep 15. Wetland Presence - streamside area metric (skip for Tidal Marsh Streams) Consider for the Left Bank (LB) and the Right Bank (RB). Do not consider wetlands outside of the streamside area or within the normal wetted perimeter of assessment reach. LB RB Q Y (- Y Are wetlands present in the streamside area? C N r N 16. Baseflow Contributors - assessment reach metric (skip for size 4 streams and Tidal Marsh Streams) Check all contributors within the assessment reach or within view of and draining to the assessment reach. F, A Streams and/or springs (jurisdictional discharges) r B Ponds (include wet detention basins; do not include sediment basins or dry detention basins) 7 C Obstruction that passes some flow during low -flow periods within assessment area (beaver dam, bottom -release dam) r D Evidence of bank seepage or sweating (iron oxidizing bacteria in water indicates seepage) 7 E Stream bed or bank soil reduced (dig through deposited sediment if present) r F None of the above 17. Baseflow Detractors - assessment area metric (skip for Tidal Marsh Streams) Check all that apply. F A Evidence of substantial water withdrawals from the assessment reach (includes areas excavated for pump installation) F B Obstruction not passing flow during low flow periods affecting the assessment reach (ex: watertight dam, sediment deposit) Fv- C Urban stream (>_ 24% impervious surface for watershed) F D Evidence that the stream -side area has been modified resulting in accelerated drainage into the assessment reach F E Assessment reach relocated to valley edge F F None of the above 18. Shading - assessment reach metric (skip for Tidal Marsh Streams) Consider aspect. Consider "leaf -on" condition. 00 A Stream shading is appropriate for stream category (may include gaps associated with natural processes) C` B Degraded (example: scattered trees) C C Stream shading is gone or largely absent 19. Buffer Width - streamside area metric (skip for Tidal Marsh Streams) Consider "vegetated buffer" and "wooded buffer" separately for left bank (LB) and right bank (RB) starting at the top of bank out to the first break. Vegetated Wooded LB RB LB RB {� A A f: A A > 100-feet wide or extends to the edge of the watershed C`. B C' B t B �' B From 50 to < 100-feet wide i C C C C C i C From 30 to < 50-feet wide C' D C D �' D {' D From 10 to < 30-feet wide C` E C` E f E fi E < 10-feet wide or no trees 20. Buffer Structure - streamside area metric (skip for Tidal Marsh Streams) Consider for left bank (LB) and right bank (RB) for Metric 19 ("Vegetated" Buffer Width). LB RB C A (- A Mature forest (0 B Ci B Non -mature woody vegetation or modified vegetation structure f C f C Herbaceous vegetation with or without a strip of trees < 10 feet wide D D Maintained shrubs f` E f` E Little or no vegetation 21. Buffer Stressors - streamside area metric (skip for Tidal Marsh Streams) Check all appropriate boxes for left bank (LB) and right bank (RB). Indicate if listed stressor abuts stream (Abuts), does not abut but is within 30 feet of stream (< 30 feet), or is between 30 to 50 feet of stream (30-50 feet). If none of the following stressors occurs on either bank, check here and skip to Metric 22r1_0 Abuts < 30 feet 30-50 feet LB RB LB RB LB RB C A C A C A C A C A C A Row crops (' B (' B (' B B (' B (' B Maintained turf C C C C C C C C C C C C Pasture (no livestock)/commercial horticulture (' D (' D (' D (' D (' D (' D Pasture (active livestock use) 22. Stem Density - streamside area metric (skip for Tidal Marsh Streams) Consider for left bank (LB) and right bank (RB) for Metric 19 ("Wooded" Buffer Width). LB RB (- A (a A Medium to high stem density {' B C B Low stem density (- C (- C No wooded riparian buffer or predominantly herbaceous species or bare ground 23. Continuity of Vegetated Buffer - streamside area metric (skip for Tidal Marsh Streams) Consider whether vegetated buffer is continuous along stream (parallel). Breaks are areas lacking vegetation > 10-feet wide. LB RB Ce A Ce A The total length of buffer breaks is < 25 percent. ( B f B The total length of buffer breaks is between 25 and 50 percent. C C {' C The total length of buffer breaks is > 50 percent. 24. Vegetative Composition - First 100 feet of streamside area metric (skip for Tidal Marsh Streams) Evaluate the dominant vegetation within 100 feet of each bank or to the edge of the watershed (whichever comes first) as it contributes to assessment reach habitat. LB RB C A C A Vegetation is close to undisturbed in species present and their proportions. Lower strata composed of native species, with non-native invasive species absent or sparse. (� B (E B Vegetation indicates disturbance in terms of species diversity or proportions, but is still largely composed of native species. This may include communities of weedy native species that develop after clear -cutting or clearing or communities with non-native invasive species present, but not dominant, over a large portion of the expected strata or communities missing understory but retaining canopy trees. (7 C C C Vegetation is severely disturbed in terms of species diversity or proportions. Mature canopy is absent or communities with non-native invasive species dominant over a large portion of expected strata or communities composed of planted stands of non -characteristic species or communities inappropriately composed of a single species or no vegetation. 25. Conductivity- assessment reach metric (skip for all Coastal Plain streams) 25a. f Yes (- No Was a conductivity measurement recorded? If No, select one of the following reasons. C No Water C Other: 25b. Check the box corresponding to the conductivity measurement (units of microsiemens per centimeter). ( A <46 (- B 46 to < 67 (- C 67 to < 79 (- D 79 to < 230 (- E >- 230 Notes/Sketch: NC SAM Stream Rating Sheet Accompanies User Manual Version 2.1 Stream Site Name Hambright Road Industrial Date of Evaluation 11-18-21 Stream Category Pb1 Assessor Name/Organization DWM - H&H Notes of Field Assessment Form (Y/N) NO Presence of regulatory considerations (Y/N) YES Additional stream information/supplementary measurements included (Y/N) YES NC SAM feature type (perennial, intermittent, Tidal Marsh Stream) Intermittent Function Class Rating Summary USACE/ All Streams NCDWR Intermittent (1) Hydrology (2) Baseflow (2) Flood Flow (3) Streamside Area Attenuation (4) Floodplain Access (4) Wooded Riparian Buffer (4) Microtopography (3) Stream Stability (4) Channel Stability (4) Sediment Transport (4) Stream Geomorphology (2) Stream/Intertidal Zone Interaction (2) Longitudinal Tidal Flow (2) Tidal Marsh Stream Stability (3) Tidal Marsh Channel Stability (3) Tidal Marsh Stream Geomorphology MEDIUM MEDIUM MEDIUM HIGH HIGH HIGH NA LOW LOW LOW MEDIUM NA NA NA NA NA MEDIUM MEDIUM MEDIUM HIGH HIGH HIGH NA LOW LOW LOW MEDIUM NA NA NA NA NA (1) Water Quality (2) Baseflow (2) Streamside Area Vegetation (3) Upland Pollutant Filtration (3) Thermoregulation (2) Indicators of Stressors (2) Aquatic Life Tolerance (2) Intertidal Zone Filtration MEDIUM MEDIUM HIGH HIGH HIGH NO LOW NA MEDIUM MEDIUM HIGH HIGH HIGH NO NA NA (1) Habitat (2) In -stream Habitat (3) Baseflow HIGH HIGH MEDIUM HIGH HIGH MEDIUM NC WAM WETLAND ASSESSMENT FORM Accompanies User Manual Version 5 USACE AID#: NCDWR #: Project Name Hambright Road Industrial Date of Evaluation 11-18-20 Applicant/Owner Name Trinity Capital Advisors / SVG, LLC Wetland Site Name WAA Wetland Type Seep Assessor Name/Organization DWM - H&H Level III Ecoregion Piedmont Nearest Named Water Body Torrence Creek River Basin Catawba USGS 8-Digit Catalogue Unit 03050101 County Mecklenburg NCDWR Region Asheville Yes ',0 No Precipitation within 48 hrs? Latitude/Longitude (deci-degrees) 35.378016,-80.857090 Evidence of stressors affecting the assessment area (may not be within the assessment area) Please circle and/or make note on last page if evidence of stressors is apparent. Consider departure from reference, if appropriate, in recent past (for instance, approximately within 10 years). Noteworthy stressors include, but are not limited to the following. • Hydrological modifications (examples: ditches, dams, beaver dams, dikes, berms, ponds, etc.) • Surface and sub -surface discharges into the wetland (examples: discharges containing obvious pollutants, presence of nearby septic tanks, underground storage tanks (USTs), hog lagoons, etc.) • Signs of vegetation stress (examples: vegetation mortality, insect damage, disease, storm damage, salt intrusion, etc.) • Habitat/plant community alteration (examples: mowing, clear -cutting, exotics, etc.) Is the assessment area intensively managed? '(-- Yes 'Ci No Regulatory Considerations - Were regulatory considerations evaluated? 4 Yes C- No If Yes, check all that apply to the assessment area. F_ Anadromous fish F- Federally protected species or State endangered or threatened species F_ NCDWR riparian buffer rule in effect F- Abuts a Primary Nursery Area (PNA) F_ Publicly owned property F- N.C. Division of Coastal Management Area of Environmental Concern (AEC) (including buffer) F_ Abuts a stream with a NCDWQ classification of SA or supplemental classifications of HOW, ORW, or Trout F- Designated NCNHP reference community F_ Abuts a 303(d)-listed stream or a tributary to a 303(d)-listed stream What type of natural stream is associated with the wetland, if any? (check all that apply) ` Blackwater i Brownwater F_ Tidal (if tidal, check one of the following boxes) C_ Lunar C_ Wind Both Is the assessment area on a coastal island? C- Yes 4 No Is the assessment area's surface water storage capacity or duration substantially altered by beaver? 'C` Yes '(i No Does the assessment area experience overbank flooding during normal rainfall conditions? C Yes 'Ce No Ground Surface Condition/Vegetation Condition - assessment area condition metric Check a box in each column. Consider alteration to the ground surface (GS) in the assessment area and vegetation structure (VS) in the assessment area. Compare to reference wetland if applicable (see User Manual). If a reference is not applicable, then rate the assessment area based on evidence of an effect. GS VS Fi A i" A Not severely altered C_ B il's B Severely altered over a majority of the assessment area (ground surface alteration examples: vehicle tracks, excessive sedimentation, fire -plow lanes, skidder tracks, bedding, fill, soil compaction, obvious pollutants) (vegetation structure alteration examples: mechanical disturbance, herbicides, salt intrusion [where appropriate], exotic species, grazing, less diversity [if appropriate], hydrologic alteration) Surface and Sub -Surface Storage Capacity and Duration - assessment area condition metric Check a box in each column. Consider surface storage capacity and duration (Surf) and sub -surface storage capacity and duration (Sub). Consider both increase and decrease in hydrology. A ditch <_ 1 foot deep is considered to affect surface water only, while a ditch > 1 foot deep is expected to affect both surface and sub -surface water. Consider tidal flooding regime, if applicable. Surf Sub (� A 4 A Water storage capacity and duration are not altered. (i B B Water storage capacity or duration are altered, but not substantially (typically, not sufficient to change vegetation). f C C Water storage capacity or duration are substantially altered (typically, alteration sufficient to result in vegetation change) (examples: draining, flooding, soil compaction, filling, excessive sedimentation, underground utility lines). Water Storage/Surface Relief - assessment area/wetland type condition metric (skip for all marshes) Check a box in each column for each group below. Select the appropriate storage for the assessment area (AA) and the wetland type (WT). AA WT 3a. '(- A f A Majority of wetland with depressions able to pond water > 1 foot deep (- B C B Majority of wetland with depressions able to pond water 6 inches to 1 foot deep (i C (4- C Majority of wetland with depressions able to pond water 3 to 6 inches deep C D C D Depressions able to pond water < 3 inches deep 3b. C A Evidence that maximum depth of inundation is greater than 2 feet C B Evidence that maximum depth of inundation is between 1 and 2 feet i i C Evidence that maximum depth of inundation is less than 1 foot 4. Soil Texture/Structure - assessment area condition metric (skip for all marshes) Check a box from each of the three soil property groups below. Dig soil profile in the dominant assessment area landscape feature. Make soil observations within the 12 inches. Use most recent National Technical Committee for Hydric Soils guidance for regional indicators. 4a. (—A Sandy soil B Loamy or clayey soils exhibiting redoximorphic features (concentrations, depletions, or rhizospheres) C Loamy or clayey soils not exhibiting redoximorphic features D Loamy or clayey gleyed soil E Histosol or histic epipedon 4b. Q A Soil ribbon < 1 inch B Soil ribbon >_ 1 inch 4c. A No peat or muck presence B A peat or muck presence 5. Discharge into Wetland — opportunity metric Check a box in each column. Consider surface pollutants or discharges (Surf) and sub -surface pollutants or discharges (Sub). Examples of sub -surface discharges include presence of nearby septic tank, underground storage tank (UST), etc. Surf Sub 0 A {i A Little or no evidence of pollutants or discharges entering the assessment area C B C B Noticeable evidence of pollutants or discharges entering the wetland and stressing, but not overwhelming the treatment capacity of the assessment area f C f C Noticeable evidence of pollutants or discharges (pathogen, particulate, or soluble) entering the assessment area and potentially overwhelming the treatment capacity of the wetland (water discoloration, dead vegetation, excessive sedimentation, odor) 6. Land Use — opportunity metric (skip for non -riparian wetlands) Check all that apply (at least one box in each column). Evaluation involves a GIS effort with field adjustment. Consider sources draining to assessment area within entire upstream watershed (WS), within 5 miles and within the watershed draining to the assessment area (5M), and within 2 miles and within the watershed draining to the assessment area (2M). Effective riparian buffers are considered to be 50 feet wide in the Coastal Plain and Piedmont ecoregions and 30 feet wide in the Blue Ridge Mountains ecoregion. WS 5M 2M F"71 A P A r A >_ 10% impervious surfaces r B F B r B Confined animal operations (or other local, concentrated source of pollutants) r C r C r C >_ 20% coverage of pasture r D r D r D z 20% coverage of agricultural land (regularly plowed land) r E r E r E >_ 20% coverage of maintained grass/herb r F r F r F z 20% coverage of clear-cut land r G r G r G Little or no opportunity to improve water quality. Lack of opportunity may result from little or no disturbance in the watershed or hydrologic alterations that prevent dainage and/or overbank flow from affectio the assessment area. 7. Wetland Acting as Vegetated Buffer— assessment area/wetland complex condition metric (skip for non -riparian wetlands) 7a. Is assessment area within 50 feet of a tributary or other open water? {i Yes C No If Yes, continue to 7b. If No, skip to Metric 8. 7b. How much of the first 50 feet from the bank is weltand? (Wetland buffer need only be present on one side of the water body. Make buffer judgment based on the average width of wetland. Record a note if a portion of the buffer has been removed or disturbed.) {i A >_ 50 feet C B From 30 to < 50 feet C C From 15 to < 30 feet C D From 5 to < 15 feet C E < 5 feet or buffer bypassed by ditches 7c. Tributary width. If the tributary is anastomosed, combine widths of channels/braids for a total width. {i <_ 15-feet wide C > 15-feet wide i Other open water (no tributary present) 7d. Do roots of assessment area vegetation extend into the bank of the tributary/open water? 0 Yes i No 7e. Is tributary or other open water sheltered or exposed? {i Sheltered — adjacent open water with width < 2500 feet and no regular boat traffic. C Exposed — adjacent open water with width >_ 2500 feet or regular boat traffic. 8. Wetland Width at the Assessment Area — wetland type/wetland complex condition metric (evaluate WT for all marshes and Estuarine Woody Wetland only; evaluate WC for Bottomland Hardwood Forest, Headwater Forest, and Riverine Swamp Forest only) Check a box in each column. Select the average width for the wetland type at the assessment area (WT) and the wetland complex at the assessment area (WC). See User Manual for WT and WC boundaries. WT WC C A C A >_ 100 feet C B C B From 80 to < 100 feet 0 C {i C From 50 to < 80 feet C D C D From 40 to < 50 feet C E C E From 30 to < 40 feet C F C F From 15 to < 30 feet C G C G From 5 to < 15 feet C H C H < 5 feet 9. Inundation Duration — assessment area condition metric (skip for non -riparian wetlands) Answer for assessment area dominant landform. C A Evidence of short -duration inundation (< 7 consecutive days) {i B Evidence of saturation, without evidence of inundation C C Evidence of long -duration inundation or very long -duration inundation (7 to 30 consecutive days or more) 10. Indicators of Deposition — assessment area condition metric (skip for non -riparian wetlands and all marshes) Consider recent deposition only (no plant growth since deposition). {+ A Sediment deposition is not excessive, but at approximately natural levels. C B Sediment deposition is excessive, but not overwhelming the wetland. C C Sediment deposition is excessive and is overwhelming the wetland. 11. Wetland Size — wetland type/wetland complex condition metric Check a box in each column. Involves a GIS effort with field adjustment. This metric evaluates three aspects of the wetland area: the size of the wetland type (WT), the size of the wetland complex (WC), and the size of the forested wetland (FW) (if applicable, see User Manual). See the User Manual for boundaries of these evaluation areas. If assessment area is clear-cut, select "K" for the FW column. WT WC FW (if applicable) C A C A C A >_ 500 acres C B C B C B From 100 to < 500 acres C C f C C C From 50 to < 100 acres C D C D C D From 25 to < 50 acres C E f E C E From 10 to < 25 acres C F C F C F From 5 to < 10 acres C G C G C G From 1 to < 5 acres C H C H C H From 0.5 to < 1 acre (i 1 fi I fi I From 0.1 to < 0.5 acre C J C J f-- J From 0.01 to < 0.1 acre C K C K C K < 0.01 acre or assessment area is clear-cut 12. Wetland Intactness — wetland type condition metric (evaluate for Pocosins only) C A Pocosin is the full extent (>_ 90%) of its natural landscape size. C B Pocosin is < 90% of the full extent of its natural landscape size. 13. Connectivity to Other Natural Areas — landscape condition metric 13a. Check appropriate box(es) (a box may be checked in each column). Involves a GIS effort with field adjustment. This evaluates whether the wetland is well connected (Well) and/or loosely connected (Loosely) to the landscape patch, the contiguous metric naturally vegetated area and open water (if appropriate). Boundaries are formed by four -lane roads, regularly maintained utility line corridors the width of a four -lane road or wider, urban landscapes, fields (pasture open and agriculture), or water > 300 feet wide. Well Loosely C A C A >_ 500 acres f-- B fi B From 100 to < 500 acres C C C C From 50 to < 100 acres 0 D C D From 10 to < 50 acres C E C E < 10 acres C F C F Wetland type has a poor or no connection to other natural habitats 13b. Evaluate for marshes only. C Yes C No Wetland type has a surface hydrology connection to open waters/stream or tidal wetlands. 14. Edge Effect — wetland type condition metric (skip for all marshes and Estuarine Woody Wetland) May involve a GIS effort with field adjustment. Estimate distance from wetland type boundary to artificial edges. Artificial edges include non -forested areas z 40 feet wide such as fields, development, roads, regularly maintained utility line corridors and clear -cuts. Consider the eight main points of the compass. Artificial edge occurs within 150 feet in how many directiions? If the assessment area is clear-cut, select option "C." C A 0 {i B 1 to 4 C C 5 to 8 15. Vegetative Composition — assessment area condition metric (skip for all marshes and Pine Flat) C A Vegetation is close to reference condition in species present and their proportions. Lower strata composed of appropriate species, with exotic plants absent or sparse within the assessment area. fi B Vegetation is different from reference condition in species diversity or proportions, but still largely composed of native species characteristic of the wetland type. This may include communities of weedy native species that develop after clearcutting or clearing. It also includes communities with exotics present, but not dominant, over a large portion of the expected strata. C C Vegetation severely altered from reference in composition, or expected species are unnaturally absent (planted stands of non - characteristic species or at least one stratum inappropriately composed of a single species), or exotic species are dominant in at least one stratum. 16. Vegetative Diversity — assessment area condition metric (evaluate for Non -tidal Freshwater Marsh only) C A Vegetation diversity is high and is composed primarily of native species (<10% cover of exotics). fi B Vegetation diversity is low or has > 10% to 50% cover of exotics. C C Vegetation is dominated by exotic species (>50% cover of exotics). 17. Vegetative Structure — assessment area/wetland type condition metric 17a. Is vegetation present? (i Yes C No If Yes, continue to 17b. If No, skip to Metric 18. 17b. Evaluate percent coverage of assessment area vegetation for all marshes only. Skip to 17c for non -marsh wetlands. fi A >_ 25% coverage of vegetation C B < 25% coverage of vegetation 17c. Check a box in each column for each stratum. Evaluate this portion of the metric for non -marsh wetlands. Consider structure in airspace above the assessment area (AA) and the wetland type (WT) separately. AA WT o(a A 0A Canopy closed, or nearly closed, with natural gaps associated with natural processes @ C B C B Canopy present, but opened more than natural gaps C C C C Canopy sparse or absent o C A C A Dense mid-story/sapling layer C B C B Moderate density mid-story/sapling layer {i C fi C Mid-story/sapling layer sparse or absent C A C A Dense shrub layer C B C B Moderate density shrub layer W 0 C 0 C Shrub layer sparse or absent C A C A Dense herb layer {e B fi B Moderate density herb layer i' - C C C Herb layer sparse or absent 18. Snags — wetland type condition metric (skip for all marshes) i' - A Large snags (more than one) are visible (> 12-inches DBH, or large relative to species present and landscape stability). if: B Not A 19. Diameter Class Distribution — wetland type condition metric (skip for all marshes) C A Majority of canopy trees have stems > 6 inches in diameter at breast height (DBH); many large trees (> 12 inches DBH) are present. 0 B Majority of canopy trees have stems between 6 and 12 inches DBH, few are > 12-inch DBH. ur- C Majority of canopy trees are < 6 inches DBH or no trees. 20. Large Woody Debris — wetland type condition metric (skip for all marshes) Include both natural debris and man -placed natural debris. v' A Large logs (more than one) are visible (> 12 inches in diameter, or large relative to species present and landscape stability). fii B Not A 21. Vegetation/Open Water Dispersion — wetland type/open water condition metric (evaluate for Non -Tidal Freshwater Marsh only) Select the figure that best describes the amount of interspersion between vegetation and open water in the growing season. Patterned areas indicate vegetated areas, while solid white areas indicate open water. u` A B k- C iii D r•` r `.. r-, f` �'. V �P h f J 22. Hydrologic Connectivity — assessment area condition metric (evaluate for riparian wetlands and Salt/Brackish Marsh only) Examples of activities that may severely alter hydrologic connectivity include intensive ditching, fill, sedimentation, channelization, diversion, man-made berms, beaver dams, and stream incision. Documentation required if evaluated as B, C, or D. fi A Overbank and overland flow are not severely altered in the assessment area. C B Overbank flow is severely altered in the assessment area. C C Overland flow is severely altered in the assessment area. C D Both overbank and overland flow are severely altered in the assessment area. Notes NC WAM Wetland Rating Sheet Accompanies User Manual Version 5.0 Wetland Site Name WAA Date 11-18-20 Wetland Type Seep Assessor Name/Organization DWM - H&H Notes on Field Assessment Form (Y/N) NO Presence of regulatory considerations (Y/N) NO Wetland is intensively managed (Y/N) NO Assessment area is located within 50 feet of a natural tributary or other open water (Y/N) YES Assessment area is substantially altered by beaver (Y/N) NO Assessment area experiences overbank flooding during normal rainfall conditions (Y/N) NO Assessment area is on a coastal island (Y/N) NO Sub -function Rating Summary Function Sub -function Metrics Rating Hydrology Surface Storage and Retention Condition NA Sub -Surface Storage and Retention Condition NA Water Quality Pathogen Change Condition NA Condition/Opportunity NA Opportunity Presence? (Y/N) NA Particulate Change Condition NA Condition/Opportunity NA Opportunity Presence? (Y/N) NA Soluble Change Condition NA Condition/Opportunity NA Opportunity Presence? (Y/N) NA Physical Change Condition NA Condition/Opportunity NA Opportunity Presence? (Y/N) NA Pollution Change Condition NA Condition/Opportunity NA Opportunity Presence? (Y/N) NA Habitat Physical Structure Condition MEDIUM Landscape Patch Structure Condition MEDIUM Vegetation Composition Condition MEDIUM Function Rating Summary Function Metrics/Notes Rating Hydrology Condition MEDIUM Water Quality Condition MEDIUM Condition/Opportunity NA Opportunity Presence? (Y/N) NA Habitat Condition MEDIUM Overall Wetland Rating MEDIUM