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HomeMy WebLinkAbout20220211 Ver 1_Application Attachments_20220221Proposal for Consulting Services Centerpoint 85 Warehouse 2330 New Bowers Road Lexington, North Carolina S&ME Proposal No. 215589 Printed Name f �',�'� *,•� i S—.y:►�5ignature / --� Date 7^ "� / Date: AGENT AUTHORIZATION AND RIGHT OF ENTRY FORM Project Information S&ME Project Name: Type of Project: Location: Centerpoint 85 Warehouse Lexington, North Carolina Property Owner/Representative Information Business Name: Mailing Address: City, State, Zip Code: Telephone No. Contact: / 1 / H /2 `/A-) ch L 3 fr)J .a) - .-CA.-. 1 N er v-t) 77r- 7 g, q e-71 ❑ 6— "Z".;?..7"Titp.rJ 1 S.+arr-.F Agent Information Business Name: Street Address: City, State, Zip Code: Telephone No. Contact: S&ME, Inc. 3201 Spring Forest Road Raleigh, NC 27616 919-872-2660 Mr, Wafter Cole Authorization: (Contact Signature) DA_- (Naive of Landowner or Representative) , an behalf of a duly authorized owner of record of the property/ properties identified herein, hereby authorize S&ME to act as agent with the USCAE in connection with the above -mentioned project. By signing above, I also authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) to enter upon the property herein described for the purposes of conducting on -site investigations, if necessary, and issuing a jurisdictional determination pursuant to Section 404 of the Clean Water Act and/or Section 10 of the River and Harbors Act of 1889. I, the above signed, am either a duly authorized owner of record of the property identified herein, or acting as the duly authorized agent of the owner of record of the property, CMNF `1861-14/6 31 -,71410;• ( r "%IV -741- 743 -744 -745 729 729 fr /// Jr NCBEES CERT. NO.: C-1347 CenterPoint 85 DAVIDSON COUNTY, NC 01/24/2022 Wetlands Impact Exhibit Overall Prepared by: ETFS stimmel PAGE 1 OF 3 601 N. TRADE STREET, SUITE 200 WINSTON-SALEM, NC 27101 LANDSCAPE ARCHITECTURE CIVIL ENGINEERING LAND PLANNING ee 200 300 IMPACT SUMMARY ID FEATURE TYPE REASON AREA LENGTH (FT) WIDTH (FT) SC), FT ACRES S2 STREAM PERMANENT/ NO LOSS RIP -RAP 66 0.002 24 2.76 S3 STREAM TEMPORARY PUMP AROUND 66 0.002 24 2.76 W2 WETLAND PERMANENT FILL 1,358 0.031 -- -- W3 WETLAND PERMANENT FILL 3,830 0.088 -- -- OW1 OPEN WATER PERMANENT FILL 7,117 0.163 -- -- PERMANENT NO LOSS) TOTAL WETLAND PERMANENT 9,264 0.213 -- -- TOTAL OPEN WATER 7 stimmel 601 N. TRADE STREET, SUITE 200 WINSTON-SALEM, NC 27101 project: CENTERPOINT 85 www.stimmelpa.com 336.723.1067 pro J date: 01-24-2022 Job #: 21-176 LANDSCAPE ARCHITECTURE EXHIBIT 1 CIVIL ENGINEERING LAND PLANNING scale: 1° = 40' sheet 2 of 3 description: STREAM & WETLAND IMPACT EXHIBIT COFFER DAM AND PUMP POOL TEMPORARY STREAM IMPACT (S3) 24 LF / 66 SF RIP -RAP INLET PROTECTION PERMANENT / NO -LOSS IMPACT \ (S2) 12 LF / 33 SF STREAM IMPACT(S1) 224 LF / 673 SF OPEN WATERS (OW1) 7,117 SF / 0.163 AC a �I MN MN WETLAND IMPACT (W2) 1,358 SF / 0.031 AC RIP -RAP OUTLET PROTECTION PERMANENT / NO -LOSS IMPACT (S2) 12 LF / 33 SF a, IMPACT SUMMARY ID FEATURE TYPE REASON AREA LENGTH (FT) WIDTH (FT) SQ FT ACRES 51 STREAM PERMANENT CULVERT 673 0.015 244 2.76 52 STREAM PERMANENT / NO L055 RIP -RAP 66 0.002 24 2.76 53 STREAM TEMPORARY PUMP AROUND 66 0.002 24 2.76 W1 WETLAND PERMANENT FILL 4,076 0.094 -- W2 WETLAND PERMANENT FILL 1,358 0.031 -- W3 WETLAND PERMANENT FILL 3,830 0.088 -- OW1 OPEN WATER PERMANENT FILL 7,117 0.163 — — TOTAL STREAM PERMANENT (EXCLUDING NO LOSS) 673 0.015 244 2.76 TOTAL STREAM TEMPORARY 66 0.002 24 2.76 TOTAL WETLAND PERMANENT 9,264 0.213 -- TOTAL OPEN WATER PERMANENT 7,117 0.163 -- N 35.806792 W 80.179736 START STREAM IMPACT UPPER STREAM REACH TO BE PIPED THROUGH WETLAND IMPACT (W1) 4,076 SF / 0.094 AC N 35.806164 W 80.179821 END STREAM IMPACT � I NCBEES CERT. NO.: C-1347 "II I I IIiii P 14°° Y Eft Di: PAI I VtC:� °NOT9rOR. SCALE: 1" = 40' 40 0 40 'i stimmel 601 N.TRADESTREET,SUITE200 date: 01-24-2022 job #: 21-176 WINSTON-SALEM, NC 27101 project: CENTERPOINT 85 www.stimmelpa.com 336.723.1067 pro J LANDSCAPE ARCHITECTURE EXHIBIT 2 CIVIL ENGINEERING LAND PLANNING scale: 1° = 40' sheet 3 of 3 description: STREAM & WETLAND IMPACT EXHIBIT CP 736 • • NO FILUIMPACT 4,773 SF OF REMAINING WETLAND IMPACT SUMMARY ID FEATURE TYPE REASON AREA LENGTH (FT) WIDTH (FT) SQ FT ACRES 51 STREAM PERMANENT CULVERT 673 0.015 244 2.76 52 STREAM PERMANENT / NO L055 RIP -RAP 66 0.002 24 2.76 53 STREAM TEMPORARY PUMP AROUND 66 0.002 24 2.76 W1 WETLAND PERMANENT FILL 4,076 0.094 - - W2 WETLAND PERMANENT FILL 1,358 0.031 - - W3 WETLAND PERMANENT FILL 3,830 0.088 - - OW1 OPEN WATER PERMANENT FILL 7,117 0.163 - - TOTAL STREAM PERMANENT (EXCLUDING NO LOS5) 673 0.015 244 2.76 TOTAL STREAM TEMPORARY 66 0.002 24 2.76 TOTAL WETLAND PERMANENT 9,264 0.213 -- TOTAL OPEN WATER PERMANENT 7,117 0.163 - - WETLAND IMPACT (W3) 3,830 SF / 0.088 AC NCBEES CERT. NO.: C-1347 , too 1111l1 ,4 • N R •• P ,,0.4 1ig: eo -Y ..N019r0Re �I 111►1►►► SCALE: 1" = 40' 40 0 40 ROY COOPER Governor ELIZABETH S. BISER Secretary MARC RECKTENWALD NORTH CAROLINA Director Environmental Quality February 3, 2022 Jonathan Smith Davidson Craven, LLC 111-H Reynolda Village Winston-Salem, NC 27106 Expiration of Acceptance: 8/3/2022 Project: Centerpoint 85 Development County: Davidson The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to accept payment for compensatory mitigation for impacts associated with the above referenced project as indicated in the table below. Please note that this decision does not assure that participation in the DMS in - lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will be approved. You must also comply with all other state, federal or local government permits, regulations or authorizations associated with the proposed activity including G.S. § 143-214.11. This acceptance is valid for six months from the date of this letter and is not transferable. If we have not received a copy of the issued 404 Permit/401 Certification within this time frame, this acceptance will expire. It is the applicant's responsibility to send copies of the permits to DMS. Once DMS receives a copy of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the in -lieu fee to be paid by an applicant is calculated based upon the Fee Schedule and policies listed on the DMS website. Based on the information supplied by you in your request to use the DMS, the impacts for which you are requesting compensatory mitigation credit are summarized in the following table. The amount of mitigation required and assigned to DMS for this impact is determined by permitting agencies and may exceed the impact amounts shown below. River Basin Impact Location (8-digit HUC) Impact Type Impact Quantity Yadkin 03040103 Riparian Wetland 0.426 Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The mitigation will be performed in accordance with the In -Lieu Fee Program instrument dated July 28, 2010. Thank you for your interest in the DMS in -lieu fee mitigation program. If you have any questions or need additional information, please contact Kelly.Williams©ncdenr.gov. cc: Ashley Bentz, agent fD_E DepaftreMl of EEY'un fl t I Qhle Sincerely, Atti,AAlauvykv FOR James. B Stanfill Asset Management Supervisor North Carolina Department of Environmental Quality I Division of Mitigation Services 217 West Jones Street 11652 Mail Service Center I Raleigh, North Carolina 27699-1652 919.707.8976 Potential Wetland Waters of the US Feature W6; 1.00 ac Represented by Flags W6.1 - W6.24 Potential Non -Wetland Waters of the US Feature 51; 1,118 LF Represented by Flags S1.1 - 51.64 Potential Wetland Waters of the US Feature W1; 0.16 ac Represented by Flags W1.1 - W1.22 Isolated Pond Feature P1; 0.16 ac Represented by Flags P1.1-P1.14 Potential Wetland Waters of the US Feature W3; 0.22 ac Represented by Flags W3.1 - W3.9 REFERENCE: GIS BASE LAYERS WERE OBTAINED FROM THE 2018 NCONEMAP.COM ORTHOIMAGERY LAYER. THIS MAP IS FOR INFORMATIONAL PURPOSES ONLY. ALL FEATURE LOCATIONS DISPLAYED ARE APPROXIMATED. THEY ARE NOT BASED ON CIVIL SURVEY INFORMATION, UNLESS STATED OTHERWISE. Potential Non -Wetland Waters of the US Feature 53; 450 LF Represented by Flags 53.1 - 52.26 Potential Wetland Waters of the US Feature W2; 0.01 ac Represented by Flags W2.1 -W2.4 Potential Wetland Waters of the US Feature W5; 2.67 ac Represented by Flags W5.1 - W5.62 Potential Non -Wetland Waters of the US Feature 52; 1,728 LF Represented by Flags 52.1 - 52.34 Potential Wetland Waters of the US Feature W4; 0.03 ac Represented by Flags W4.1 - W4.11 4 Culvert • USAGE Data Form O NCDWR Stream Identification Stream Wetland Q Subject Property Flood Hazard Zones Zone Type Form 1% Annual Chance Flood Hazard Regulatory Floodway Special Floodway Area of Undetermined Flood Hazard 0.2% Annual Chance Flood Hazard Future Conditions 1% Annual Chance Flood Hazard Area with Reduced Risk Due to Levee Area with Risk Due to Levee III FEATURE EXHIBIT tn 0 O 0 w K Q � CO O Z_ O w 0- Z o w m Z Z V DAVIDSON COUNTY. NORTH CAROLINA LEXINGTON SCALE: 1"=200' DATE: 7-23-21 PROJECT NUMBER 215589 FIGURE NO. 4 Ashley Steele Bentz From: Walter Cole Sent: Wednesday, February 2, 2022 5:43 PM To: Ashley Steele Bentz Subject: Fwd: SAW-2021-01593 / Shelco Centerpoint 85 Warehouse / S&ME / Lexington / Davidson County, NC - DELINEATION CONCURRENCE Attachments: Delineation Concurrence Exhibit.pdf; 21-176 Wetlands Exhibits-24x36.pdf; 21-176 Wetlands Exhibits-8.5x11 E1.pdf; 21-176 Wetlands Exhibits-8.5x11 E2.pdf Get Outlook for iOS From: Walter Cole <WCole@smeinc.com> Sent: Thursday, January 20, 2022 12:30 PM To: Hopper, Christopher D CIV USARMY CESAW (USA) Cc: Ashley Steele Bentz Subject: FW: SAW-2021-01593 / Shelco Centerpoint 85 Warehouse / S&ME / Lexington / Davidson County, NC - DELINEATION CONCURRENCE Chris, We have been working with the client and engineers to minimize and avoid impacts and we have limited impacts to one area as shown on the exhibit on the northeast corner of the building. They are going to further reduce impacts by using retaining walls and we will get the stream impacts below 0.02-acres to avoid mitigation and may be able to do the same with the wetland. The 0.16-acre pond we deemed to be isolated (old farm pond in uplands with no outlet) would still be considered a jurisdictional open water under the PJD, so if the project impacts for wetlands and streams plus this open water pond totals less than 0.5-acres (which it will). Do we necessarily need to submit an AJD for just the pond during the permitting process or can we just let it go? Wanting to do whatever is easiest for you! Let me know how you want to handle. Also I have now attached the proposed impact maps for you to comment on, I am going to have them put the overall impact table on the overall site plan, then have the impact totals that correspond to each page, also will have them label the impacts S1, W1 etc. for identification and have the list the wetland impacts in acres as well as sq. ft. Needless to say they are ready for us to submit this like yesterday, but we really want to get your guidance on how to handle the pond and comment on impacts. Thanks! Walter Cole, LSS, REHS Senior Project Manager 1 III E uuqL VERSATILITY S&ME 3201 Spring Forest Road Raleigh, NC 27616 map 0: 919.872.2660 M: 919.801.3798 www.smeinc.com Linkedln 1 Twitter l Facebook This electronic message is subject to the terms of use set forth at www.smeinc.com/email. If you received this message in error please advise the sender by reply and delete this electronic message and any attachments. Please consider the environment before printing this email. From: Walter Cole Sent: Tuesday, January 4, 2022 12:05 PM To: Hopper, Christopher D CIV (USA) <Christopher.D.Hopper@usace.army.mil> Subject: FW: SAW-2021-01593 / Shelco Centerpoint 85 Warehouse / S&ME / Lexington / Davidson County, NC - DELINEATION CONCURRENCE Just forwarding again being the squeaky wheel. Walter Cole, LSS, REHS Senior Project Manager III E BtJILt FOR VERSATILITY S&ME 3201 Spring Forest Road Raleigh, NC 27616 map 0: 919.872.2660 M: 919.801.3798 www.smeinc.com Linkedln 1 Twitter l Facebook This electronic message is subject to the terms of use set forth at www.smeinc.com/email. If you received this message in error please advise the sender by reply and delete this electronic message and any attachments. Please consider the environment before printing this email. From: Walter Cole Sent: Friday, December 17, 2021 8:49 AM To: Hopper, Christopher D CIV (USA) <Christopher.D.Hopper@usace.army.mil> Cc: Ashley Steele Bentz <abentz@smeinc.com> Subject: RE: SAW-2021-01593 / Shelco Centerpoint 85 Warehouse / S&ME / Lexington / Davidson County, NC - DELINEATION CONCURRENCE Chris, Hope you are doing well, we are initiating permitting activities for the above referenced project and have attached the delineation concurrence exhibit. We have been working with the client and engineers to minimize and avoid impacts and we have limited impacts to one area as shown on the exhibit on the northeast corner of the building. They are going to further reduce impacts by using retaining walls and we will get the stream impacts below 0.02-acres to avoid mitigation and may be able to do the same with the wetland. The 0.16-acre pond we deemed to be isolated (old farm pond in uplands with no outlet) would still be considered a jurisdictional open water under the PJD, so if the project impacts for wetlands and streams plus this open water pond totals less than 0.5-acres (which it will). Do we necessarily 2 need to submit an AJD for just the pond during the permitting process or can we just let it go? Wanting to do whatever is easiest for you! Let me know how you want to handle. Thanks! Walter Cole, LSS, REHS Senior Project Manager III UUILt FoL VERSATILII S&ME 3201 Spring Forest Road Raleigh, NC 27616 map 0: 919.872.2660 M: 919.801.3798 www.smeinc.com Linkedln I Twitter I Facebook This electronic message is subject to the terms of use set forth at www.smeinc.com/email. If you received this message in error please advise the sender by reply and delete this electronic message and any attachments. Please consider the environment before printing this email. From: Hopper, Christopher D CIV (USA) <Christopher.D.Hopper@usace.army.mil> Sent: Friday, August 27, 2021 12:08 PM To: Walter Cole <WCole@smeinc.com> Cc: breid@shelcollc.com Subject: SAW-2021-01593 / Shelco Centerpoint 85 Warehouse / S&ME / Lexington / Davidson County, NC - DELINEATION CONCURRENCE This message originated outside of S&ME. Please report this as phishing if it implies it is from an S&ME employee. Dear Walter, Reference is made to ORM ID SAW-2021-01593, please reference this number on any correspondence regarding this action. On 7/23/2021, we received information from you requesting the Wilmington District, Regulatory Division review and concur with the boundaries of an aquatic resource delineation. We have reviewed the information provided by you concerning the aquatic resources, and by copy of this e- mail, are confirming that the aquatic resources delineation has been verified by the Corps to be a sufficiently accurate and reliable representation of the location and extent of aquatic resources within the identified review area. The location and extent of these aquatic resources are shown on the attached delineation concurrence exhibit, labeled "Feature Exhibit Centerpoint 85 Warehouse" and dated 7/23/2021 without revisions. Regulatory Guidance Letter (RGL) 16-01 3 https://usace.contentdm.ocic.org/utils/getfile/collection/p16021co119/id/1256 provides guidance for Jurisdictional Determinations (JD) and states "The Corps generally does not issue a JD of any type where no JD has been requested". At this time we are only verifying the delineation. This delineation may be relied upon for use in the permit evaluation process, including determining compensatory mitigation. "This verification does not address nor include any consideration for geographic jurisdiction on aquatic resources and shall not be interpreted as such. This delineation verification is not an Approved Jurisdictional Determination (AJD) and is not an appealable action under the Regulatory Program Administrative Appeal Process (33 CFR Part 331). However, you may request an AJD, which is an appealable action. If you wish to receive a Preliminary Jurisdictional Determination (PJD), or an Approved Jurisdictional Determination (AJD) please respond accordingly, otherwise nothing further is required and we will not provide any additional documentation. Christopher D. Hopper Regulatory Specialist U.S. Army Corps of Engineers Regulatory Division 3331 Heritage Trade Drive, Suite 105 Wake Forest, NC 27587 (919) 554-4884, Ext. 35 We would appreciate your feedback on how we are performing our duties. Our automated Customer Service Survey can be accessed by copying and pasting the following link into your web browser: https://regulatory.ops.usace.army.mil/customer-service-survey/. Thank you for taking the time to visit this site and complete the survey. 4 KYE.p T {Ds ry - United States Department of the Interior FISH AND WILDLIFE SERVICE Asheville Ecological Services Field Office 160 Zillicoa Street Asheville, NC 28801-1082 Phone: (828) 258-3939 Fax: (828) 258-5330 http://www.fws.gov/nc-es/es/countyfr.html In Reply Refer To: Project Code: 2022-0002682 Project Name: Centerpoint 85 February 02, 2022 Subject: List of threatened and endangered species that may occur in your proposed project location or may be affected by your proposed project To Whom It May Concern: The attached species list identifies threatened, endangered, proposed and candidate species, as well as proposed and final designated critical habitat, that may occur within the boundary of your proposed project and/or may be affected by your proposed project. Although not required by section 7, many agencies request species lists to start the informal consultation process and begin their fulfillment of the requirements under section 7(c) of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). This list, along with other helpful resources, is also available on the U.S. Fish and Wildlife Service (Service) —Asheville Field Office's (AFO) website: https://www.fws.gov/raleigh/species/ cntylist/nc counties.html. The AFO website list includes "species of concern" — species that could potentially be placed on the federal list of threatened and endangered species in the future. Also available are: Design and Construction Recommendations https://www.fws.gov/asheville/htmls/project review/Recommendations.html • Optimal Survey Times for Federally Listed Plants https://www.fws.gov/nc-es/plant/plant survey.html • Northern long-eared bat Guidance https://www.fws.gov/asheville/htmls/project review/NLEB in WNC.html • Predictive Habitat Model for Aquatic Species https://www.fws.gov/asheville/htmls/Maxent/Maxent.html New information based on updated surveys, changes in the abundance and distribution of species, changed habitat conditions, or other factors could require modifications of these lists. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act, 02/02/2022 2 the accuracy of the species lists should be verified after 90 days. This verification can be completed formally or informally as desired. The Service recommends that verification be completed by visiting the ECOS-IPaC website or the AFO website (the AFO website dates each county list with the day of the most recent update/change) at regular intervals during project planning and implementation for updates to species lists and information. An updated list may be requested through the ECOS-IPaC system by completing the same process used to receive the enclosed list or by going to the AFO website. The purpose of the Act is to provide a means whereby threatened and endangered species and the ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to utilize their authorities to carry out programs for the conservation of threatened and endangered species and to determine whether projects may affect threatened and endangered species and/or designated critical habitat. A Biological Assessment is required for construction projects (or other undertakings having similar physical impacts) that are major Federal actions significantly affecting the quality of the human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2) (c)). For projects other than major construction activities, the Service suggests that a B Attachment(s): • Official Species List • Migratory Birds • Wetlands 02/02/2022 1 Official Species List This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the requirement for Federal agencies to "request of the Secretary of the Interior information whether any species which is listed or proposed to be listed may be present in the area of a proposed action". This species list is provided by: Asheville Ecological Services Field Office 160 Zillicoa Street Asheville, NC 28801-1082 (828) 258-3939 02/02/2022 2 Project Summary Project Code: 2022-0002682 Event Code: None Project Name: Centerpoint 85 Project Type: Commercial Development Project Description: Proposed warehouse/distribution facility Project Location: Approximate location of the project can be viewed in Google Maps: https:// www.google.com/maps/@35.80573785,-80.18084000558298,14z Counties: Davidson County, North Carolina 02/02/2022 3 Endangered Species Act Species There is a total of 3 threatened, endangered, or candidate species on this species list. Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species. IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA Fisheriesl, as USFWS does not have the authority to speak on behalf of NOAA and the Department of Commerce. See the "Critical habitats" section below for those critical habitats that lie wholly or partially within your project area under this office's jurisdiction. Please contact the designated FWS office if you have questions. 1. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce. Mammals NAME Northern Long-eared Bat Myotis septentrionalis No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/9045 Insects NAME Monarch Butterfly Danaus plexippus No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/9743 Flowering Plants NAME STATUS Threatened STATUS Candidate STATUS Schweinitz's Sunflower Helianthus schweinitzii No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/3849 Endangered Critical habitats THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. 02/02/2022 Migratory Birds Certain birds are protected under the Migratory Bird Treaty Act1 and the Bald and Golden Eagle Protection Actz. Any person or organization who plans or conducts activities that may result in impacts to migratory birds, eagles, and their habitats should follow appropriate regulations and consider implementing appropriate conservation measures, as described below. 1. The Migratory Birds Treaty Act of 1918. 2. The Bald and Golden Eagle Protection Act of 1940. 3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a) THERE ARE NO FWS MIGRATORY BIRDS OF CONCERN WITHIN THE VICINITY OF YOUR PROJECT AREA. Migratory Birds FAQ Tell me more about conservation measures I can implement to avoid or minimize impacts to migratory birds. Nationwide Conservation Measures describes measures that can help avoid and minimize impacts to all birds at any location year round. Implementation of these measures is particularly important when birds are most likely to occur in the project area. When birds may be breeding in the area, identifying the locations of any active nests and avoiding their destruction is a very helpful impact minimization measure. To see when birds are most likely to occur and be breeding in your project area, view the Probability of Presence Summary. Additional measures or permits may be advisable depending on the type of activity you are conducting and the type of infrastructure or bird species present on your project site. What does IPaC use to generate the migratory birds potentially occurring in my specified location? The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern (BCC) and other species that may warrant special attention in your project location. The migratory bird list generated for your project is derived from data provided by the Avian Knowledge Network (AKN). The AKN data is based on a growing collection of survey, banding, and citizen science datasets and is queried and filtered to return a list of those birds reported as occurring in the 10km grid cell(s) which your project intersects, and that have been identified as warranting special attention because they are a BCC species in that area, an eagle (Eagle Act requirements may apply), or a species that has a particular vulnerability to offshore activities or development. Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your project area. It is not representative of all birds that may occur in your project area. To get a list of all birds potentially present in your project area, please visit the AKN Phenology Tool. 02/02/2022 2 What does IPaC use to generate the probability of presence graphs for the migratory birds potentially occurring in my specified location? The probability of presence graphs associated with your migratory bird list are based on data provided by the Avian Knowledge Network (AKN). This data is derived from a growing collection of survey, banding, and citizen science datasets . Probability of presence data is continuously being updated as new and better information becomes available. To learn more about how the probability of presence graphs are produced and how to interpret them, go the Probability of Presence Summary and then click on the "Tell me about these graphs" link. How do I know if a bird is breeding, wintering, migrating or present year-round in my project area? To see what part of a particular bird's range your project area falls within (i.e. breeding, wintering, migrating or year-round), you may refer to the following resources: The Cornell Lab of Ornithology All About Birds Bird Guide, or (if you are unsuccessful in locating the bird of interest there), the Cornell Lab of Ornithology Neotropical Birds guide. If a bird on your migratory bird species list has a breeding season associated with it, if that bird does occur in your project area, there may be nests present at some point within the timeframe specified. If "Breeds elsewhere" is indicated, then the bird likely does not breed in your project area. What are the levels of concern for migratory birds? Migratory birds delivered through IPaC fall into the following distinct categories of concern: 1. "BCC Rangewide" birds are Birds of Conservation Concern (BCC) that are of concern throughout their range anywhere within the USA (including Hawaii, the Pacific Islands, Puerto Rico, and the Virgin Islands); 2. "BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation Regions (BCRs) in the continental USA; and 3. "Non -BCC - Vulnerable" birds are not BCC species in your project area, but appear on your list either because of the Eagle Act requirements (for eagles) or (for non -eagles) potential susceptibilities in offshore areas from certain types of development or activities (e.g. offshore energy development or longline fishing). Although it is important to try to avoid and minimize impacts to all birds, efforts should be made, in particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC species of rangewide concern. For more information on conservation measures you can implement to help avoid and minimize migratory bird impacts and requirements for eagles, please see the FAQs for these topics. Details about birds that are potentially affected by offshore projects For additional details about the relative occurrence and abundance of both individual bird species and groups of bird species within your project area off the Atlantic Coast, please visit the Northeast Ocean Data Portal. The Portal also offers data and information about other taxa besides birds that may be helpful to you in your project review. Alternately, you may download the bird model results files underlying the portal maps through the NOAA NCCOS Integrative Statistical 02/02/2022 3 Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic Outer Continental Shelf project webpage. Bird tracking data can also provide additional details about occurrence and habitat use throughout the year, including migration. Models relying on survey data may not include this information. For additional information on marine bird tracking data, see the Diving Bird Study and the nanotag studies or contact Caleb Spiegel or Pam Loring. What if I have eagles on my list? If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid violating the Eagle Act should such impacts occur. Proper Interpretation and Use of Your Migratory Bird Report The migratory bird list generated is not a list of all birds in your project area, only a subset of birds of priority concern. To learn more about how your list is generated, and see options for identifying what other birds may be in your project area, please see the FAQ "What does IPaC use to generate the migratory birds potentially occurring in my specified location". Please be aware this report provides the "probability of presence" of birds within the 10 km grid cell(s) that overlap your project; not your exact project footprint. On the graphs provided, please also look carefully at the survey effort (indicated by the black vertical bar) and for the existence of the "no data" indicator (a red horizontal bar). A high survey effort is the key component. If the survey effort is high, then the probability of presence score can be viewed as more dependable. In contrast, a low survey effort bar or no data bar means a lack of data and, therefore, a lack of certainty about presence of the species. This list is not perfect; it is simply a starting point for identifying what birds of concern have the potential to be in your project area, when they might be there, and if they might be breeding (which means nests might be present). The list helps you know what to look for to confirm presence, and helps guide you in knowing when to implement conservation measures to avoid or minimize potential impacts from your project activities, should presence be confirmed. To learn more about conservation measures, visit the FAQ "Tell me about conservation measures I can implement to avoid or minimize impacts to migratory birds" at the bottom of your migratory bird trust resources page. 02/02/2022 Wetlands Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under Section 404 of the Clean Water Act, or other State/Federal statutes. For more information please contact the Regulatory Program of the local U.S. Army Corps of Engineers District. Please note that the NWI data being shown may be out of date. We are currently working to update our NWI data set. We recommend you verify these results with a site visit to determine the actual extent of wetlands on site. RIVERINE • R5UBH FRESHWATER FORESTED/SHRUB WETLAND • PFO1A FRESHWATER POND • PUBHh • ■■■ ■■ • NC DEPARTMENT OF ■ ■•■E NATURAL AND CULTURAL RESOURCES • ■■■ January 27, 2022 Ashley Bentz S&ME, Inc. 3201 Spring Forest Road Raleigh, NC 27616 RE: Centerpoint 85 Site Dear Ashley Bentz: Roy Cooper, Governor D. Reid Wilson, Secretary Misty Buchanan Deputy Director, Natural Heritage Program NCNHDE-16981 The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources for the project referenced above. A query of the NCNHP database indicates that there are records for rare species, important natural communities, natural areas, and/or conservation/managed areas within the proposed project boundary. These results are presented in the attached `Documented Occurrences' tables and map. The attached `Potential Occurrences' table summarizes rare species and natural communities that have been documented within a one -mile radius of the property boundary. The proximity of these records suggests that these natural heritage elements may potentially be present in the project area if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile radius of the project area, if any, are also included in this report. If a Federally -listed species is documented within the project area or indicated within a one -mile radius of the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for guidance. Contact information for USFWS offices in North Carolina is found here: https://www.fws.gov/offices/Directory/ListOffices.cfm?statecode=37. Please note that natural heritage element data are maintained for the purposes of conservation planning, project review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions. Information provided by the NCNHP database may not be published without prior written notification to the NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NCNHP data may not be redistributed without permission. Also please note that the NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature Preserve, Registered Heritage Area, Land and Water Fund easement, or an occurrence of a Federally -listed species is documented near the project area. If you have questions regarding the information provided in this letter or need additional assistance, please contact Rodney A. Butler at rodney.butler@ncdcr.gov or 919-707-8603. Sincerely, NC Natural Heritage Program DEPARTMENT OF NATURAL AND CULTURAL RESOVRCES Q 121 W. JONES STREET. RALEIGH. NC 27603 • 16S1 MAIL SERVICE CENTER. RALEIGH. NC 27699 OFC 'M9.707.9120 • FAX 919.707.9121 Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Intersecting the Project Area Centerpoint 85 Site January 27, 2022 NCNHDE-16981 Element Occurrences Documented Within Project Area axono EO ID Scientific Nam ommon Name Las Element Accuracy Federal State Global State Group Observation Occurrence Status Status Rank Rank fete Rank Natural 28759 Mesic Mixed Hardwood--- 2002-01-01 B 3-Medium Community Forest (Piedmont Subtype) Natural Areas Documented Within Project Area Na Pounder Fork Tributary Mesic Forest Representational Rating M.Collective Rating R5 (General) C5 (General) No Managed Areas Documented within the Project Area G3G4 S4 Definitions and an explanation of status designations and codes can be found at https://ncnhde.natureserve.ora/help. Data query generated on January 27, 2022; source: NCNHP, Q4, January 2022. Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database. Page 2 of 4 Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One -mile Radius of the Project Area Centerpoint 85 Site January 27, 2022 NCNHDE-16981 Element Occurrences Documented Within a One -mile Radius of the Project Area Taxonomic EO ID Scientific Name Common Name Last Element Accuracy Federal ;State Global State Group servation Occurrence Status Status Rank Rank A Date Rank Natural 28759 Mesic Mixed Hardwood--- 2002-01-01 B 3-Medium Community Forest (Piedmont Subtype) G3G4 S4 Vascular Plant 33468 Acmispon helleri Carolina Birdfoot- 1937-08-05 H 4-Low trefoil Natural Areas Documented Within a One -mile Radius of the Project Area Threatened G5T3 S3 Site Name Pounder Fork Tributary Mesic Forest Representational Rating Collective Rating R5 (General) C5 (General) No Managed Areas are Documented Within a One -mile Radius of the Project Area Definitions and an explanation of status designations and codes can be found at https://ncnhde.natureserve.org/help. Data query generated on January 27, 2022; source: NCNHP, Q4, January 2022. Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database. Page 3 of 4 January 27, 2022 O Project Boundary ▪ Buffered Project Boundary NHP Natural Area (NHNA) NCNHDE-16981: Centerpoint 85 Site 1:24,686 0 0.2 0.4 0.8 mi i ti ti ti ti ti 5 0 0.325 0.65 1.3 km Sources' Esri, HERE, Garmin,, Intermap, increment P Corp_. GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esn Japan, METI, Esri China (Hong Kong), (c) OpenStreetMap contributors, and the GIS User Community Page 4 of 4 National Flood Hazard Layer FI RMette FEMA Legend 80°11'10"W 35°48'33"N 1)371061540W eff. 3116/2009 0 250 500 Feet 1,000 1,500 2,000 Basemap: USGS National Map: Orthoimagery: Data refreshed October, 2020 80°10'33"W 35°48'4"N 1:6,000 SEE FIS REPORT FOR DETAILED LEGEND AND INDEX MAP FOR FIRM PANEL LAYOUT SPECIAL FLOOD HAZARD AREAS Without Base Flood Elevation (BFE) Zone A, V, A99 With BFE or Depth ZoneAE, AO, AH, VE, AR Regulatory Floodway OTHER AREAS OF FLOOD HAZARD OTHER AREAS GENERAL STRUCTURES OTHER FEATURES MAP PANELS a _ 0.2% Annual Chance Flood Hazard, Areas of 1% annual chance flood with average depth less than one foot or with drainage areas of less than one square mile zonex Future Conditions 1% Annual Chance Flood Hazard zonex "Area with Reduced Flood Risk due to Levee. See Notes. zonex Area with Flood Risk due to Leveezone D NO SCREEN Area of Minimal Flood Hazard Effective LOMRs Area of Undetermined Flood Hazard - — - - Channel, Culvert, or Storm Sewer i i i i i i i Levee, Dike, or Floodwall 20.2 Cross Sections with 1% Annual Chance 77.5 Water Surface Elevation 8 — — — Coastal Transect -sfs Base Flood Elevation Line (BFE) Limit of Study Jurisdiction Boundary --- Coastal Transect Baseline - — Profile Baseline Hydrographic Feature ▪ Digital Data Available ▪ No Digital Data Available • Unmapped N The pin displayed on the map is an approximate point selected by the user and does not represent an authoritative property location. This map complies with FEMA's standards for the use of digital flood maps if it is not void as described below. The basemap shown complies with FEMA's basemap accuracy standards The flood hazard information is derived directly from the authoritative NFHL web services provided by FEMA. This map was exported on 2/2/2022 at 5:48 PM and does not reflect changes or amendments subsequent to this date and time. The NFHL and effective information may change or become superseded by new data overtime. This map image is void if the one or more of the following map elements do not appear: basemap imagery, flood zone labels, legend, scale bar, map creation date, community identifiers, FIRM panel number, and FIRM effective date. Map images for unmapped and unmodernized areas cannot be used for regulatory purposes.