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HomeMy WebLinkAbout20211631 Ver 2_401 Application_20220314 Preliminary ORM Data Entry Fields for New Actions -P9-"Le-e SAW—201 - 202101780 BEGIN DATE [Received Date]: Prepare file folder Assign Action ID Number in ORM 1. Project Name [PCN Form A2a]: Stafford Street Ext 2. Work Type: Private Institutional Government Commercial I 3. Project Description/Purpose [PCN Form B3d and B3e]: The project purpose is for the construction of an industrial distribution warehouse with associated dock door parking, vehicle parking, box truck parking, tractor parking, trailer parking, and 2 SCM's. 4. Property Owner/Applicant [PCN Form A3 or A4]: SunCap Property Group/ Attn. Mr. Van Boyett 5. Agent/Consultant[PCN Form A5—or ORM Consultant ID Number]: Atlas Environmental, Jennifer Robertson 6. Related Action ID Number(s) [PCN Form B5b]: 2021-01780 7. Project Location-Coordinates,Street Address,and/or Location Description [PCN Form B1b]: 1912 Stafford Street Ext Monroe, NC 28110 35.003276° / -80.534697° 8. Project Location-Tax Parcel ID [PCN Form B1a]: 09180004 90, 09180004H80, 0918004H90, and 9. Project Location—County [PCN Form A2b]: Union 09180004G 10. Project Location—Nearest Municipality or Town [PCN Form A2c]: Monroe 11. Project Information—Nearest Waterbody [PCN Form B2a]: SteWarts Creek, WS-I I I 12.Watershed/8-Digit Hydrologic Unit Code [PCN Form B2c]: Rocky, 03040105 Authorization: Section 10 Section 404 ✓ Section 10&404 Regulatory Action Type: Standard Permit _ Pre-Application Request RECEIVED ✓ Nationwide Permit# 39 (Version 2) Unauthorized Activity n Regional General Permit# n Compliance n Jurisdictional Determination Request n No Permit Required MAR 2022 DEQ-WATER RESOURCES 401 &BUFFER PERMITTING Revised 20150602 '44111111TIA jtT1AS VIRONMENTAL February 15, 2022 US Army Corps of Engineers NC Division of Water Resources Asheville Regulatory Field Office 401 and Buffer Permitting Unit Attn: Mr. Steve Kichefski Attn: Mr. Paul Wojoski 8430 University Executive Park Drive, Suite 611 1617 Mail Service Center Charlotte, North Carolina 28262 Raleigh, North Carolina 27699-1617 Re: Stafford Street Ext. — " 152.97 Acres 1912 Stafford Street Ext Monroe, NC 28110 Nationwide Permit 39 Application (Version #2) Action ID SAW 2021-0780 / DWR Project #: 21-1631 Steve/Paul: Atlas Environmental Inc is submitting the enclosed package on behalf of SunCap Property Group, Mr. Van Boyett for approval of a Nationwide Permit 39 verification for unavoidable impacts to Waters of the United States. Atlas Environmental completed a Waters delineation on July 22 and 26, 2021. There are two streams totaling 1,327 linear feet, seven wetlands totaling 0.507 acre, and one open water totaling 7.243 acres on site. CH 100 (118 linear feet, 0.009 acre) and CH 200 (1,209 linear feet, 0.120 acre). CH 100 is intermittent. CH 200 is perennial at the lower reach and intermittent at the upper reaches. WL 1000 (0.006 acre) and WL 1100 (0.146 acre) are hydrologically connected to CH 100. WL 2000 (0.234 acre), WL 2100 (0.116 acre), WL 2200 (0.002 acre), WL 2300 (0.001 acre), and WL 2400 (0.002 acre) are hydrologically connected to CH 200. A Corps 404 was issued on 10-20-21 and the corresponding 401 was issued on 12-15-21. The applicant has recently discovered that the main entrance road originally planned off Skyway Drive is not feasible. Negotiations with the convenience store property owner have not progressed well. Additional wetland impacts (W5) are necessary to construction the main entrance road to Stafford Street Ext. The enclosed permit application request (which includes both the original impacts and the new impact) is for 635 linear feet of intermittent stream impact and 0.075 acre of wetland impact to facilitate construction of an industrial distribution warehouse building, truck courts, employee parking, road access around the building, and two storm water SCM's. The build to suit project is for a shipping client. This area is attractive for the occupant as they do not have another facility in Monroe and due to the location and proximity to Hwy 74 which is the main thoroughfare route through Union County and to Mecklenburg County. The development will require one permanent stream impact and five permanent wetland impacts. The one permanent stream impact is defined as impact S1 which is located on the intermittent stream CH 200 above WL 2100. Impact S1 is approximately 635 linear feet and 0.038 acre in area. Permanent wetland impacts are defined as impacts W1 which is located ATLAS Environmental, Inc. 338 S.Sharon Amity Road,#411 Charlotte, North Carolina 28211 704-512-1206(o)/828-712-9205(m) www.atlasenvi.com/Offices in Asheville and Charlotte '411111111$11TIA 1tflAS VIRONMENTAL below the upper intermittent stream CH 200. Impact W1 is approximately 0.054 acre in area. Other permanent wetland impacts are defined as impacts W2, W3, and W4 which is located on the intermittent stream CH 200 above WL 2100. Impact W2 is approximately 0.002 acre, W3 is approximately 0.001 acre, and W4 is approximately 0.002 acre in area. Impact W5 is approximately 0.016 acre in area. Stream mitigation was previously required and DMS has issued the invoice for the compensatory mitigation. CH 100 is an unnamed intermittent tributary to Stewarts Creek. CH 200 is an unnamed perennial and intermittent tributary to Stewarts Creek. Stewarts Creek is classified as a "WS- III"water by the North Carolina Division of Water Resources. The Corps approved the delineation and issued a preliminary jurisdictional determination on September 30, 2021. A copy of the Jurisdictional Determination is included in this package. 692 linear feet of stream has been avoided which is over 52% of the streams. Over 88% (0.448 acre) of the wetlands have been avoided. Fill slopes are the steepest allowed for local approval. The occupant of this project requires specific design features such as the size of the building, the location of dock doors, and the proximity of parking areas to the building in order to meet the very high demand of shipping packages on tight time schedules. Packages will be received and shipped from this facility which make the traffic flow within the facility very important and very specific. Businesses of this nature benefit from logistical efficiencies associated with proximity to population centers, intermodal hubs, and interstate highways. The impacts to CH 200 and WL 2100 will be culverted. Stormwater runoff from the East side of Stafford Street Ext will continue to flow into the existing culvert underneath the road. This culvert will connect to the new culvert that is being placed in CH 200. The overall drainage pattern on the East side of Stafford Street Ext will not change due to this project. Stormwater flow from the West side of Stafford Street Ext will be routed to the SCM's. Total wetland impacts remain under 0.10 acre. No new mitigation is proposed for the additional minor revision to wetland impacts. CH 200, WL 2100, WL 2200, WL 2300, and WL 2400 are located within a very large corn field. CH 200 has been straightened in the past. There is very little vegetation adjacent to this feature. The vegetation consists of early successional species that includes some invasive species. There is evidence of nutrient overloading within the WL features as the presence of very heavy algal mats. Enclosed is a copy of the DMS invoice for warm stream credits. Enclosed are the necessary permit application documents and additional information. Thank you for your attention to the enclosed request. Please contact me if you need any additional information. Best regards, Jennifer L Robertson, President irobertson@atlasenvi.com ATLAS Environmental, Inc. 338 S.Sharon Amity Road,#411 Charlotte, North Carolina 28211 704-512-1206(o)/828-712-9205(m) www.atlasenvi.com/Offices in Asheville and Charlotte OF WATF9 o�' pG Office Use Only: Corps action ID no. l ,., ' o -c DWQ project no. Form Version 1.4 January 2009 Pre-Construction Notification (PCN) Form A.Applicant Information 1. Processing la. Type(s)of approval sought from the Corps: ElSection 404 Permit [' Section 10 Permit 1 b. Specify Nationwide Permit(NWP)number: 39 or General Permit(GP)number: lc. Has the NWP or GP number been verified by the Corps? ❑Yes 0 No 1 d.Type(s)of approval sought from the DWQ(check all that apply): 0 401 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 For the record only for DWQ 401 For the record only for Corps Permit: because written approval is not required? Certification: ❑ Yes 0 No ❑ Yes 0 No lf. 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 0 Yes ❑ No or in-lieu fee program. 1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h ❑ Yes 0 No below. 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ►mow No 2. Project Information 2a. Name of project: Stafford Street Ext 2b. County: Union 2c. Nearest municipality/town: Monroe 2d.Subdivision name: the project is not a subdivision 2e. NCDOT only,T.I.P. or state not a DOT project project no: 3. Owner Information 3a. Name(s)on Recorded Deed: Dorothy Moser Plyler Trustee,William Franklin Plyer& Dewey Alan Plyer Jr, and Optimist Club Inc 3b. Deed Book and Page No. 6979/076, W17E/0461, D133/0414, and not found 3c. Responsible Party(for LLC if Mr.Van Boyett(SunCap Property Group, under contract to purchase) applicable): 3d. Street address: 2170 Concord Avenue (owner's address) 3e. City, state,zip: Monroe, NC 28110 3f. Telephone no.: (864)901-0927 (Van's number) 3g. Fax no.: No Fax Number 3h. Email address: vboyett@suncappg.com Page 1 of 10 PCN Form—Version 1.4 January 2009 4. Applicant Information (if different from owner) 4a. Applicant is: • Agent • Other, specify: 4b. Name: 4c. Business name (if applicable): 4d. Street address: 4e. City, state, zip: 4f. Telephone no.: 4g. Fax no.: 4h. Email address: 5. Agent/Consultant Information (if applicable) 5a. Name: Jennifer L Robertson 5b. Business name (if applicable): Atlas Environmental, Inc. 5c. Street address: 338 S. Sharon Amity Road #411 5d. City, state, zip: Charlotte, NC 28211 5e. Telephone no.: 704-512-1206 5f. Fax no.: no fax 5g. Email address: jrobertson@atlasenvi.com Page 2 of 10 PCN Form — Version 1.4 January 2009 B. Project Information and Prior Project History 1. Property Identification la. Property identification no. (tax PIN or parcel ID): 09180004 90, 09180004H80, 09180004H90, and 09180004G 1 b. Site coordinates (in decimal degrees): Latitude: 35.003276 Longitude: - 80.534697 lc. Property size: —152.97 acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: Stewarts Creek 2b. Water Quality Classification of nearest receiving water: WS-III 2c. River basin: Rocky, 03040105 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 review area is mostly cleared from the current property uses that include one recreational area adjacent to the lake, one single family house, farming activities (massive corn fields), and recently timbered areas. The property has been a crop farm for many years. Two small areas of the property are forested. The land use surrounding the property is generally residential, agriculture, industrial, and commercial. 3b. List the total estimated acreage of all existing wetlands on the property: 0.507 acre (7.243 acre open water) 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 1,327 linear feet 3d. Explain the purpose of the proposed project: To construct an industrial distribution warehouse facility that includes dock door parking, employee parking, box truck parking, tractor parking, trailer parking, two SCM's, and other infrastructure. 3e. Describe the overall project in detail, including the type of equipment to be used: The project involves development of the parcels into an industrial single building distribution warehouse with associated infrastructure including trailer parking, employee parking, truck courts, access roads, box truck parking, tractor parking, two storm water BMP's. Typical construction equipment for large earth moving activities will be used to mass and fine grade the project. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project (including all prior phases) in the past? _i Yes • No IN Unknown Comments: 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): A Baggarley, J Robertson, J Sinclair Agency/Consultant Company: Atlas Environmental, Inc. Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. 09/30/2021 SAW 2021-01780 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? ■Yes _4 No • Unknown 5b. If yes, explain in detail according to "help file" instructions. N/A 6. Future Project Plans 6a. Is this a phased project? • Yes ►l'4 No 6b. If yes, explain. N/A Page 3 of 10 PCN Form — Version 1.4 January 2009 C. Proposed Impacts Inventory 1. Impacts Summary la. Which sections were completed Wetlands _-1 below for your project Streams - tributaries (check IN all that apply): 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 (if known) 2d. Forested 2e. Type of jurisdiction Corps (404, 10) or DWQ (401, other) 2f. Area of impact (acres) W1 P Fill Seep No Corps 0.054 W2 P Fill Seep Yes Corps 0.002 W3 P Fill Seep Yes Corps 0.001 W4 P Fill Seep Yes Corps 0.002 W5 P Fill Seep Yes Corps 0.016 W6 - Choose one Choose one Yes/No - 2g. Total wetland impacts: 0.075 2h. Comments: These wetlands are low quality, see the enclosed WAM form. 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 (Corps - 404, 10 DWQ — non-404, other) 3f. Average stream width (feet) 3g. Impact length (linear feet) S1 P Fill CH 200 INT Corps 2.6 635 S2 - Choose one - - S3 - Choose one - - S4 - Choose one - - S5 - Choose one - - S6 - Choose one - - 3h. Total stream and tributary impacts: 635 If (0.038 acre) 3i. Comments: This intermittent stream is low quality, see the enclosed SAM form. 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 individually 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 02 - Choose one Choose 03 - Choose one Choose 04 - Choose one Choose 4f. Total open water impacts: 4g. Comments: 5. Pond If pond or or Lake Construction lake construction proposed, then 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: 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) B1 - Yes/No B2 - Yes/No B3 - Yes/No B4 - Yes/No B5 - Yes/No B6 - Yes/No 6h. Total buffer impacts: 6i. Comments: Page 5 of 10 PCN Form - Version 1.4 January 2009 D. Impact Justification and Mitigation 1. Avoidance and Minimization la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. Impacts to aquatic resources have been minimized to the greatest extent possible. There is approximately 1,327 linear feet of stream channel, 0.507 acre of wetlands, and 7.243 acres of open water on site. No impacts will occur to the perennial stream. No impacts will occur to the 7.243 acres of open water. Less than 11% of the wetlands on site are proposed for impact. 48% of the streams on site are proposed for impact however this reach of stream is an intermittent low quality stream in the middle of a corn field. The stream has been straightened in the past and has a sparse early successional invasive narrowbuffer. The proposed impacts are to the lowest quality aquatic resources within the row crop land. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Construction and engineering techniques are being applied to further minimize impacts from the development to aquatic resources. The slopes at the downstream end of the impacts have been engineered at the steepest grades possiblein order to obtain local approval. Additional trailer parking was eliminated to avoid additional stream and wetland impacts. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? Yes ■ No 2b. If yes, mitigation is required by (check all that apply): DWQ Corps 2c. If yes, which mitigation option will be used for this project? fee program Mitigation • Mitigation bank ►_ Payment to in lieu • Permittee Responsible 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: none 3b. Credits Purchased (attach receipt and letter) Type: Choose one Type: Choose one Type: Choose one Quantity none Quantity none Quantity none 3c. Comments: none 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. El Yes 4b. Stream mitigation requested: 635 linear feet 4c. If using stream mitigation, stream temperature: Warm 4d. Buffer mitigation requested (DWQ only): none square feet 4e. Riparian wetland mitigation requested: none acres 4f. Non -riparian wetland mitigation requested: none acres 4g. Coastal (tidal) wetland mitigation requested: none acres 4h. Comments: 1:1 ratio as streams are low quality 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. 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 buffer mitigation? • Yes No 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. Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (square feet) Zone 1 none none 3 (2 for Catawba) none Zone 2 none none 1.5 none 6f. Total buffer mitigation required: none 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: no comments Page 7 of 10 PCN Form — Version 1.4 January 2009 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? • Yes No 1 b. If yes, then is a diffuse flow plan included? If no, explain why. ■ Yes No 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? >24% % 2b. Does this project require a Stormwater Management Plan? ►_I Yes • No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: The project engineer is coordinating all of the stormwater requirements with the City of Monroe. 2e. Who will be responsible for the review of the Stormwater Management Plan? Monroe 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? Monroe 3b. Which of the following locally -implemented stormwater management programs apply (check all that apply): r Phase II : NSW ■ USMP 0 Water Supply Watershed • Other: 3c. Has the approved Stormwater Management Plan with proof of approval been attached? • Yes No 4. DWQ Stormwater Program Review 4a. Which of the following state -implemented stormwater management programs apply (check all that apply): Coastal counties HQW ORW Session Law 2006-246 Other: 4b. Has the approved Stormwater Management Plan with proof of approval been attached? • Yes ►.I No 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? Yes • No 5b. Have all of the 401 Unit submittal requirements been met? ►5 Yes • No Page 8 of 10 PCN Form — Version 1.4 January 2009 F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? • Yes No 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 (North Carolina) Environmental Policy Act (NEPA/SEPA)? • Yes • No lc. 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 letter.) Comments: n/a ■ Yes • No 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, or Riparian Buffer Rules (15A NCAC 2B .0200)? ■ Yes No 2b. Is this an after -the -fact permit application? ■ Yes 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 additional development, which could impact nearby downstream water quality? • Yes No 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. 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. The project will connect to existing sanitary sewer. 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 habitat? II Yes No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts? Yes • No 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? IPAC and the NC natural hetitage program; FWS Asheville office coordination, see enclosed letter 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? • Yes ►- No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? NOAA 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? II Yes ►: No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? NC HPO Buffer Map, No comment letter attacehd from NC HPO 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? IN Yes No 8b. If yes, explain how project meets FEMA requirements: 8c. What source(s) did you use to make the floodplain determination? FEMA floodmaps GIS layer Jennifer L Robertson Applicant/Agent's Printed Name �� u d +� 1� Applicant/Agent's Signature (Agent's signature is valid only if an authorization letter from the applicant is provided.) 10/05/2021 Date Page 10 of 10 PCN Form — Version 1.4 January 2009 -44%TEAS IRONMENTAL AGENT AUTHORIZATION FORM U.S. Army Corps of Engineers, Wilmington District Attn: Mr. Scott McLendon, Chief, Regulatory Division PO Box 1890 Wilmington, North Carolina 28402-1890 -and- NC Division of Water Resources,Water Quality Program Wetlands, Buffers,Streams—Compliance and Permitting Unit Attn: Mr. Paul Wojoski, Supervisor 1617 Mail Service Center Raleigh, North Carolina 27699-1650 I, the current landowner, lessee, contract holder to purchase, right to purchase holder,or easement holder of the property/properties identified below, hereby authorize Atlas Environmental Inc to act on my behalf as my agent during the processing of permits to impact Wetlands and Waters of the US that are regulated by the Clean Water Act and the Rivers and Harbors Act. Federal and State agents are authorized to be on said property when accompanied by Atlas Environmental Inc staff for the purpose of conducting on-site investigations and issuing a determination associated with Waters of the US subject to Federal jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899 and Waters of the State including 404 Wetlands, Isolated Wetlands, and other non-404 Wetlands subject to a permitting program administered by the State of North Carolina. Atlas Environmental Inc is authorized to provide supplemental information needed for delineation approval and/or permit processing at the request of the Corps or NC DWR Water Quality Program. Project Name: Stafford Street Extension Industrial Project Plyer Dorothy Moser Trustee and Plyler William Franklin and Optimist Club Inc Property Owner of Record: Contact Name: Van Boyett Address: 6101 Carnegie Blvd Suite 180 Charlotte, NC 28209 Address: Phone/Fax Number: 864 401 0927 Email Address: Vboyett@suncappg.com 1912 Stafford Street Extension Project Address: Monroe, NC 28110 Project Address: 09180004 90, 09180004H80,09180004H90,and 09180004G Tax PIN: r ,Q Signature: 3& 1.1.)› U- Date: g/kP 120 2- ATLAS Environmental Inc. 338 S.Sharon Amity Road,#411 Charlotte,North Carolina 28211 704-512-1206(o)/828-712-9205(m) irobertson@atlasenvi.com www_atlasenv.cQm Parcel Number 09180004 90 Owner PLYLER DOROTHY MOSER TRUSTEE Mailing Address 2170 CONCORD AVE MONROE NC , 28110 Account Information Land Value $2,655,500.00 Building Value $0.00 Total Value $2,655,500.00 Acreage 149.0240 Sales Information Sale Date 07/24/2017 08/24/2016 12/04/2013 Location Information Municipal Administration Sale Amount $0.00 $0.00 $0.00 Description Situs Address Property Class PLYLER 09180004 90= 149.024/ 149.454 AC 1912 STAFFORD ST EXT FARM Book & Page 6979 076 D130 855 6153 486 Union County 12 Mile Service Area County Zoning Code CITY Zoning Administration ETJ Fire District Soils Monroe Monroe Unionville CmB,TbB2, W, BaC, BaB, Bd B2 School Census Tract Number FEMA Panel FEMA Zone Building Information View Real Property Site Total Living Area 0 Year Build 0 Improvement Type District Voting Assignments (Jurisdictions) Polling Place Grantor PLYLER DOROTHY FRANCES PLYLER AARON W SR PLYLER AARON W & DOROTHY M No School Assignment Information 204.01 5445,5436,5446,5435 Benton Heights Church School District 1 Congressional 9 of God District Precinct District #1 State House 69 Senate District 35 Polling Place Parcel Number 09180004G Owner OPTIMIST CLUB INC Mailing Address %AARON W PLYLER 2170 CONCORD AVE MONROE NC , 28110 09180004J 09180004C Account Information Land Value $30,000.00 Building Value $61,400.00 Description PLYLER Total Value $91,400.00 Situs Address 0 CONCORD AVE Acreage 1.0000 Property Class GOVERMENT/SCHOOL/CHURCH Sales Information Sale Date Sale Amount Book & Page Grantor Location Information Municipal Union County 12 Mile Service Area No Administration County Zoning Code CITY School School Assignment Information Zoning Administration Monroe Census Tract Number 204.01 ETJ Monroe FEMA Panel 5436 Fire District Unionville FEMA Zone Soils BaC,BaB Building Information View Real Property Site Total Living Area 0 Improvement Type Year Build 0 District Voting Assignments (Jurisdictions) Benton Heights Presbyterian Church Precinct District #6 School District 3 State House 69 Congressional 9 District Senate District 35 Parcel Number 09180004H80 Owner PLYLER WILLIAM FRANKLIN PLYLER DEWEY ALAN JR Mailing Address C/O DEWEY ALAN PLYLER JR 3804 WATSON CHURCH RD MONROE NC , 28110 Account Information Land Value $63,600.00 10309222057E 0 11J 09222057E 09222057 1974 09222066 01 "---09180004B1 09180004D 180004H90 09180004 90 09222001 /I Building Value $0.00 Description PLYLER 09180004H80= 2.400/ 2.946 AC Total Value $63,600.00 Situs Address 0 CONCORD AVE Acreage 2.9460 Property Class RESIDENTIAL Sales Information Sale Date Sale Amount Book & Page Grantor 03/25/2017 $0.00 D133 0414 PLYLER DEWEY ALAN 03/25/2017 $0.00 D133 0414 PLYLER DEWEY ALAN Location Information Municipal Monroe 12 Mile Service Area No Administration County Zoning Code CITY School School Assignment Information Zoning Administration Monroe Census Tract Number 204.01 ETJ FEMA Panel 5436,5435 Fire District Monroe City FEMA Zone Soils BdB2 Building Information View Real Property Site Total Living Area 0 Improvement Type Year Build 0 District Voting Assignments (Jurisdictions) Polling Place Benton Heights Presbyterian Church School District 3 Precinct District #6 State House 69 Congressional 9 District Senate District 35 Polling Place Parcel Number 09180004H90 Owner PLYLER WILLIAM FRANKLIN PLYLER DEWEY ALAN JR Mailing Address C/O DEWEY ALAN PLYLER JR 3804 WATSON CHURCH RD MONROE NC , 28110 1974 09222066 01 09222001 09180004 90 Account Information Land Value $13,100.00 Building Value $0.00 Description PLYLER 09180004H90= 0.546/ 2.946 AC Total Value $13,100.00 Situs Address 0 CONCORD AVE Acreage 2.9460 Property Class UNBUILDABLE Sales Information Sale Date Sale Amount Book & Page Grantor 03/25/2017 $0.00 D133 0414 PLYLER DEWEY ALAN 03/25/2017 $0.00 D133 0414 PLYLER DEWEY ALAN Location Information Municipal Union County 12 Mile Service Area No Administration County Zoning Code CITY School School Assignment Information Zoning Administration Monroe Census Tract Number 204.01 ETJ Monroe FEMA Panel 5436,5435 Fire District Unionville FEMA Zone Soils BdB2 Building Information View Real Property Site Total Living Area 0 Improvement Type Year Build 0 District Voting Assignments (Jurisdictions) Benton Heights Presbyterian Church School District 3 Precinct District #6 State House 69 Congressional 9 District Senate District 35 .:I (RN ENGINEERING GROUP 605 LEXINGTON AVENUE, SUITE 301 CHARLOTTE, NC 28203 P) 704-749-1432 www.orsbom-eng.com i// ii i/ \\\ \ lam) \ }� `�, �� �-�� ��w,d r//%r�i / I (! 1 (_ L\\l f �t ` \ gyp✓ %Jy/r��.... � `•��G � Z � i .�. Ill ; �. 4; � ` q� -" �> J 1 < ll c fa y T'•,r.-� d°= ii//��<�� �r '1 6'� � 1 \ \ ���1� )(T���\i)'b r �,Sis`sb`�,'°s i1�«��''>jl(i� Yaft �\ _1.-� S / ... ti \ 1� r� ti`.` ^" ,\\\t_ ��:::;?-317:;:;73t''':::::115°)-V.:::\‘-;::::41 "6 ?,�° °ll) _, �SI �f\ \\\\\ `�`\tip - i �� ��` p �y�r+�irl !i✓! 1!��\\\ WS = 0.016 acre. Proposed " \` \\�\ =J 1/i/i�17'+-� e'-.8 ►`MainEntrance Road l T�� / _ _ � � r� r„� 1(U � 1 ,� ���l,t(lI/{%ter ���`( �si��rU��S ,i I r — .� % \l I t i - • , `^ ,:. n \,: ''�,S' { „/r hr"�'� \ \ I� �f r l „�i �� W1= 0.054 acre, already approved ,�:1,,...,u,4?,2)P)A s�,� ";,Building and Trailer Parking}F �° // � ` •.3? ., <sr1tS��/l,..�`�`-'��1)(yk) (►�.°ec'`�hy �i��1✓� /I \�.�L.�JJIIr (fit c)`l i tA'�4�71 �ll" - '� `�. It l /r /fr/ \� �- l\��i 1 C � /J " � ti\ �i �,9G1j / fQ M F1 tic... wE tud 101,A5,1 f \;� `1\\��— ice-- -'- i_i/!.i/ r / / \; . -tip•\ fie. V eY� _ _'—`` � \ • ,, . - '? s1p' „Z\� \ V 1 y, l, =j d \ \ 11\\ f \ � \ W2 = 0.002 acre, already approved Building and Trailer Parking W3 = 0.001 acre, already approved Building and Trailer Parking W4 = 0.002 acre, already approved Building and Trailer Parking S1 = 635 linear feet, already approved Building and Trailer Parking WETLAND AND STREAM IMPACT OVERALL MAP MONROE DISTRIBUTION MONROE, NORTH CAROLINA 1 GRAPHIC SCALE M. (IFEET ) I Inch = soa It. • -..W5 = 0.016 acre, proposed r Main Entrance Road J • r _ "� ktk ►•��yrnrrtaniuna• ate — wira. -�_ , � �� / -);\-71CIFSOletabatLebaktelat .417i fib//1 ( i i ss z ��\�` \ tit ti .lc o� ) V Irv" ° ' G'•tr�^Y; Asti )s71' �( z 4 0 p� Jt� a N. \�, ��� (((i�' `\\1'`�er?�s 4�\� 4>����L�2��} �/ :0:0)i:e7, '',/jj)li/i _\r, _ ._ __ .. :._, __ .., ...% I:, .L_____ _ _ .....:- - -_____TIZ:z. . •—• 17- - - --::‘,7 ..,, _.- - : :: \. . . . . ....... , ._..\\,1. . . :Nil:, .. _ _ ...-- - -:_, ,--,'''''•: -'1,.. . \ 2:4 .;16:17:114:- - if::: ' ' ' 't ) a. ' ' ' ' . 1: _ 1 -11P ' : .-..0 01 t --..-1:-:" `N.n.;-.,\..r.,:,, L. ,7_, L -',..:%:—:-,727'4 7_,..: W1 = 0.054 acre, already approved � :1;1)- �;��r1{lBuilding and Trailer Parking c Nel_ } r P;:ra? �'fr?/ i =�" -- )r (r v? �� ��t2�SZ S}7 ,1uI � jr �\.\� r t,ao(Cq co,�y,rlr, tl� .c J — ��� W2 = 0.002 acre, already approved Building and Trailer Parking W3 = 0.001 acre, already approved Building and Trailer Parking W4 = 0.002 acre, already approved Building and Trailer Parking ;1� 1 \ %-2_,. 1 i 11 ,Ff '-'— -''—r-' l J 11,, \� 1 l\—�%ram — % / 1 / / -mil\ ���t%`(:\'�\� �`\� ��"J/jri/ �,.�—J �y�c1'} o ff���s ..........____________z;:_z„......,-.__z_krK i7\ \ 1;" ,..v;_7_,___,-,...-p____..„,74..._.rn.',:),.,,o_lip`-":-.;,./1 r":"-Terfrj:::::::----"'-_7-2,--\\._ -;---7-t-L-1 ---'--G.:5.,,L'I.,,_ 7 --,,----.' `-,.....1-''')'0 kr./ ' '..--r -t.1,,, e.'L\ -1_ Ja v,k zti\\- --• S1 = 635 linear feet, already approved Building and Trailer Parking vAvl kit 4flia a,„)),fr 4 ar V se if w t ltairipaI Legend O Review Area Streets O Union Co. Parcels Contours: 2 Ft Delineation Perennial Intermittent Wetland Pond FLAS IRONMENTAL Aquatic Resource Sketch Map Project Name: Stafford Street Ext Location: 1912 Stafford Street Monroe, NC 28110 For: SunCap Property Group Attn: Mr. Van Boyett Sketch Map provided for illustrative purposes and preliminary planning only. Not intended to be relied upon for exact location, dimension, or orientation. All findings and assessments are subject to verification from the Army Corps of Engineers, NC Division of Water Resources, and/or other appropriate local authorities. Do not reproduce map set except in its entirety. Page 1 of 4 Coordinates: 35.00464, -80.53827 Date: July 30, 2021 Aquatic Resource Sketch Map Legend O Review Area Streets E Union Co. Parcels Delineation Perennial Intermittent Wetland Pond 0 200 400 600 800 Ft SIM -1111111114TL IRONMENTAL Project Name: Stafford Street Ext Location: 1912 Stafford Street Monroe, NC 28110 For: SunCap Property Group Attn: Mr. Van Boyett Page 2 of 4 Coordinates: 35.00464, -80.53827 Date: July 30, 2021 Potential Wetland WL 1100: - 0.146 Ac ,1 Legend O Review Area Streets Contours: 2 Ft Union Co. Parcels Delineation NMI Perennial Intermittent Wetland Pond 1/I /I I I TL IRONMENTAL Page 3 of 4 Potential N Pond 1: Aquatic Resource Sketch Map Aq\A Potential Wetland WL2000:-0.234Ac on Wetland 7.243 Ac Potential Non Wetland CH 100: - 118 LF, 0.009 Ac Project Name: Stafford Street Ext Location: 19 For: SunCap Coordinates: l2 Stafford Street Monroe, NC 28110 Property Group Attn: Mr. Van Boyett 35.00464, -80.53827 Potential Non Wetland CH 2O0: - 1209 LF, 0.120 Ac Date: July 30, 2021 Potential Wetland WL 2100: - 0.116 Ac 100 200 300 400 Ft Legend O Review Area Streets Contours: 2 Ft Union Co. Parcels Delineation NIS Perennial Intermittent Wetland Pond l I RONMENTAL Page 4 of 4 Aquatic Resource Sketch M Potential Wetland WL 2200: - 0.002 Potential Wetland initgaWcif WL 2300: 0.001 Project Name: Stafford Street Ext Location: 1912 Stafford Street Monroe, NC 28110 For: SunCap Property Group Attn: Mr. Van Boyett Coordinates : 35.00464, -80.53827 Potential Wetland WL 2400: - 0.002 Ac Date: July 30, 2021 50 100 150 200 Ft NC WAM FIELD ASSESSMENT FORM Accompanies User Manual Version 5.0 USACE AID # NCDWR# Project Name Applicant/Owner Name Wetland Type Level III Ecoregion River Basin County ❑ Yes ® No Stafford Street Ext SunCap Property Group Seep Piedmont Rocky Union Precipitation within 48 hrs? Date of Evaluation Wetland Site Name Assessor Name/Organization Nearest Named Water Body USGS 8-Digit Catalogue Unit NCDWR Region Latitude/Longitude (deci-degrees) Sept. 07, 2021 WL 2100 Atlas Environmental Staff Stewarts Creek 03040105 Mooresville 35.00401, -80.53649 Evidence of stressors affecting the assessment area (may not be within the assessment area) Please circle and/or make note on the last page if evidence of stressors is apparent. Consider departure from reference, if appropriate, in recent past (for instance, 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 ❑ No Regulatory Considerations - Were regulatory considerations evaluated? ®Yes ❑No If Yes, check all that apply to the assessment area. ❑ Anadromous fish ❑ Federally protected species or State endangered or threatened species ❑ NCDWR riparian buffer rule in effect ❑ Abuts a Primary Nursery Area (PNA) ❑ Publicly owned property ❑ N.C. Division of Coastal Management Area of Environmental Concern (AEC) (including buffer) ❑ Abuts a stream with a NCDWQ classification of SA or supplemental classifications of HQW, ORW, or Trout ❑ Designated NCNHP reference community ❑ 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 • Brownwater ❑ Tidal (if tidal, check one of the following boxes) ❑ Lunar ❑ Wind ❑ Both Is the assessment area on a coastal island? ❑ Yes ® No Is the assessment area's surface water storage capacity or duration substantially altered by beaver? ❑ Yes ® No Does the assessment area experience overbank flooding during normal rainfall conditions? ❑ Yes ® No 1. Ground Surface ConditionNegetation 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 an effect. GS VS ❑A ❑A ®B ®B Not severely altered 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) 2. 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 5 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 ❑A B ®B ❑C ❑C Water storage capacity and duration are not altered. Water storage capacity or duration are altered, but not substantially (typically, not sufficient to change vegetation). 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). 3. Water Storage/Surface Relief — assessment area/wetland type condition metric (skip for all marshes) Check a box in each column. Select the appropriate storage for the assessment area (AA) and the wetland type (WT). AA WT 3a. OA ❑A Majority of wetland with depressions able to pond water > 1 deep ❑B ❑B Majority of wetland with depressions able to pond water 6 inches to 1 foot deep ®C Majority of wetland with depressions able to pond water 3 to 6 inches deep OD OD Depressions able to pond water < 3 inches deep 3b. ❑A Evidence that maximum depth of inundation is greater than 2 feet ❑B Evidence that maximum depth of inundation is between 1 and 2 feet ®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 top 12 inches. Use most recent National Technical Committee for Hydric Soils guidance for regional indicators. 4a. ❑A Sandy soil 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. ®A Soil ribbon < 1 inch ❑B Soil ribbon 2 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 ❑A ®A Little or no evidence of pollutants or discharges entering the assessment area ®B ❑B Noticeable evidence of pollutants or discharges entering the wetland and stressing, but not overwhelming the treatment capacity of the assessment area ❑C ❑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). WS 5M 2M ❑A ❑A ❑A > 10% impervious surfaces ❑B ❑B ❑B Confined animal operations (or other local, concentrated source of pollutants ❑C ❑C ❑C a 20% coverage of pasture ®D ®D ®D a 20% coverage of agricultural land (regularly plowed land) OE ❑E ❑E z 20% coverage of maintained grass/herb OF OF OF >_ 20% coverage of clear-cut land ❑G OG ❑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 drainage and/or overbank flow from affecting 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? ®Yes ❑No If Yes, continue to 7b. If No, skip to Metric 8. 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. 7b. How much of the first 50 feet from the bank is wetland? (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.) ®A >_ 50 feet ❑B From 30 to < 50 feet ❑C From 15 to < 30 feet ❑D From 5 to < 15 feet ❑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. ®5 15-feet wide 0> 15-feet wide ❑ Other open water (no tributary present) 7d. Do roots of assessment area vegetation extend into the bank of the tributary/open water? ®Yes ❑No 7e. Is stream or other open water sheltered or exposed? ®Sheltered — adjacent open water with width < 2500 feet and no regular boat traffic. ❑Exposed — adjacent open water with width z 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 for riverine wetlands only. 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 ❑A ❑A z 100 feet ❑B ❑B From 80 to < 100 feet ❑C ❑C From 50 to < 80 feet ❑D ❑D From 40 to < 50 feet ❑E ❑E From 30 to < 40 feet OF OF From 15 to < 30 feet ®G From 5 to < 15 feet ❑H ❑H < 5 feet 9. Inundation Duration — assessment area condition metric (skip for non -riparian wetlands) Answer for assessment area dominant landform. DA Evidence of short -duration inundation (< 7 consecutive days) ❑B Evidence of saturation, without evidence of inundation ®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. ❑B Sediment deposition is excessive, but not overwhelming the wetland. ❑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) ❑A ❑A ❑A a 500 acres ❑ B ❑B OB From 100 to < 500 acres ❑ C ❑C El From 50 to < 100 acres ❑D ❑D ❑D From 25 to < 50 acres ❑E DE ❑E From 10 to < 25 acres OF OF OF From 5 to < 10 acres OG OG OG From 1 to < 5 acres OH OH ❑H From 0.5 to < 1 acre ®I ®I El From 0.1 to < 0.5 acre ❑J ❑J ❑J From 0.01 to < 0.1 acre OK OK OK < 0.01 acre or assessment area is clear-cut 12. Wetland Intactness — wetland type condition metric (evaluate for Pocosins only) OA Pocosin is the full extent (2 90%) of its natural landscape size. OB Pocosin type 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 metric evaluates whether the wetland is well connected (Well) and/or loosely connected (Loosely) to the landscape patch, the contiguous 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, maintained fields (pasture and agriculture), or open water > 300 feet wide. Well Loosely OA OA z 500 acres OB OB From 100 to < 500 acres OC OC From 50 to < 100 acres OD OD From 10 to < 50 acres OE OE < 10 acres ZF ®F Wetland type has a poor or no connection to other natural habitats 13b. Evaluate for marshes only. ❑Yes ❑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 directions? If the assessment area is clear cut, select option "C." ❑A 0 OB 1 to • 5to8 15. Vegetative Composition — assessment area condition metric (skip for all marshes and Pine Flat) OA 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. • 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 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) OA Vegetation diversity is high and is composed primarily of native species (< 10% cover of exotics). Vegetation diversity is low or has > 10% to 50% cover of exotics. ❑C Vegetation is dominated by exotic species (> 50 % cover of exotics). 17. Vegetative Structure — assessment area/wetland type condition metric 17a. Is vegetation present? ®Yes 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. ®A a. 25% coverage of vegetation ❑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 T oW ❑A ❑A Canopy closed, or nearly closed, with natural gaps associated with natural processes cca ❑B ❑B Canopy present, but opened more than natural gaps U ®C ®C Canopy sparse or absent o ❑A ❑A Dense mid-story/sapling layer ❑B ❑B Moderate density mid-story/sapling layer ®C ®C Mid-story/sapling layer sparse or absent ❑A ❑A Dense shrub layer .`c ®B ®B Moderate density shrub layer CI) EC ❑C Shrub layer sparse or absent - ®A ®A Dense herb layer _ ❑B ❑B Moderate density herb layer ❑C ❑C Herb layer sparse or absent 18. Snags — wetland type condition metric (skip for all marshes) ❑A Large snags (more than one) are visible (> 12 inches DBH, or large relative to species present and landscape stability). ®B Not A 19. Diameter Class Distribution — wetland type condition metric (skip for all marshes) ❑A Majority of canopy trees have stems > 6 inches in diameter at breast height (DBH); many large trees (> 12 inches DBH) are present. ❑B Majority of canopy trees have stems between 6 and 12 inches DBH, few are > 12 inch DBH. ®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. ❑A Large logs (more than one) are visible (> 12 inches in diameter, or large relative to species present and landscape stability). ®B NotA 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. ❑A ❑B ❑C ❑D 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. ❑A Overbank and overland flow are not severely altered in the assessment area. ❑B Overbank flow is severely altered in the assessment area. ®C Overland flow is severely altered in the assessment area. ❑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 WL 2100 Date of Assessment Sept. 07, 2021 Atlas Environmental Wetland Type Seep Assessor Name/Organization Staff Notes on Field Assessment Form (Y/N) Presence of regulatory considerations (Y/N) Wetland is intensively managed (Y/N) Assessment area is located within 50 feet of a natural tributary or other open water (Y/N) Assessment area is substantially altered by beaver (Y/N) Assessment area experiences overbank flooding during normal rainfall conditions (Y/N) Assessment area is on a coastal island (Y/N) Sub -function Rating Summary NO NO YES YES NO NO NO Function Hydrology Sub -function Surface Storage and Retention Sub -surface Storage and Retention Metrics Condition Condition Rating NA NA Water Quality Habitat Function Rating Summary Function Hydrology Water Quality Habitat Pathogen Change Particulate Change Soluble Change Physical Change Pollution Change Physical Structure Landscape Patch Structure Vegetation Composition Condition Condition/Opportunity Opportunity Presence (Y/N) Condition Condition/Opportunity Opportunity Presence (Y/N) Condition Condition/Opportunity Opportunity Presence (Y/N) Condition Condition/Opportunity Opportunity Presence (Y/N) Condition Condition/Opportunity Opportunity Presence (Y/N) Condition Condition Condition Metrics Condition Condition Condition/Opportunity Opportunity Presence (Y/N) Condition NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA MEDIUM LOW MEDIUM Rating MEDIUM LOW NA NA LOW Overall Wetland Rating LOW U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2021-01780 County: Union U.S.G.S. Quad: NC -Bakers GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: SunCap Property Group Van Boyett Address: 6101 Carnegie Boulevard, Suite 180 Charlotte, NC 28209 Telephone Number: 864-901-0927 E-mail: vbovett@suncappg.com Size (acres) 153 Nearest Town Monroe Nearest Waterway Stewarts Creek River Basin Upper Pee Dee USGS HUC 03040105 Coordinates Latitude: 35.003276 Longitude: -80.534697 Location description: The review area is located on the north side of N. Sutherland Avenue; approximately 0.4 miles east of the intersection of N. Sutherland Avenue and US Highway 601. PINS: 09180004G, 09180004H80, and 09180004H90. Reference review area description shown in the Pre -Construction Notification package entitled "Aquatic Resource Sketch Map" and dated 07/30/21. Description of projects area and activity: This verification authorizes the permanent stream and wetland impacts of 635 linear feet (0.04 acres) and 0.06 acres, respectively, to facilitate the development of an industrial single building distribution warehouse with associated infrastructure. Applicable Law(s): [Si Section 404 (Clean Water Act, 33 USC 1344) ❑ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: NWP 39. Commercial and Institutional Developments SEE ATTACHED NWP GENERAL, REGIONAL, AND/OR SPECIAL CONDITIONS Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached Conditions, your application signed and dated 10/14/2021, and the enclosed plans Construction Drawings undated. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class I administrative penalty, and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide and/or regional general permit authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide and/or regional general permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide and/or regional general permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide and/or regional general permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide and/or regional general permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Resources (telephone 919-807-6300) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management Morehead City, NC, at (252) 808-2808. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Bryan Roden -Reynolds at 704-510-1440or brvan.roden-revnolds(a,usace.armv.mil. } Bryan Roden -Reynolds /Corps Regulatory Official: 2021.10.20 09:18:58-04'00' Date: 10/20/2021 Expiration Date of Verification: 4/15/2026 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0 Copy furnished: Agent: Atlas Environmental, Inc. Jennifer Robertson Address: 338 S. Sharon Amity Road Charlotte, NC 28211 Telephone Number: 704-512-1206 E-mail: irobertsonAatlasenvi.com SAW-2021-01780 SPECIAL CONDITIONS a. In order to compensate for impacts associated with this permit, mitigation shall be provided in accordance with the provisions outlined on the most recent version of the attached Compensatory Mitigation Responsibility Transfer Form. The requirements of this form, including any special conditions listed on this form, are hereby incorporated as special conditions of this permit authorization. Action ID Number: SAW-2021-01780 County: Union Permittee: SunCap Property Group, Van Boyett Project Name: Stafford Street Extension Date Verification Issued: 10/20/2021 Project Manager: Bryan Roden -Reynolds Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: US ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Attn: Bryan Roden -Reynolds Charlotte Regulatory Office U.S Army Corps of Engineers 8430 University Executive Park Drive, Suite 615 Charlotte, North Carolina 28262 or bryan.roden-reynolds@usace.army.mil Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. Failure to comply with any terms or conditions of this authorization may result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I administrative penalty, or initiating other appropriate legal action. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and condition of the said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date CESAW-RG (File Number, SAW-2021-01780) MEMORANDUM FOR RECORD SUBJECT: Department of the Army Memorandum Documenting General Permit Verification 1.0 Introduction and Overview Information about the proposal subject to one or more of the Corps regulatory authorities is provided in Section 1, detailed evaluation of the activity is found in Sections 2 through 4 and findings are documented in Section 5 of this memorandum. Further, summary information about the activity including the administrative history of actions taken during project evaluation is attached (ORM2 summary) and incorporated into this memorandum. NOTE: This template uses the term pre -construction notification (PCN) to identify when notification is sent to the Corps to evaluate a proposed activity on a case -by -case basis to ensure that the activity will cause no more than minimal adverse environmental effects, individually and cumulatively for verification under a general permit. While PCN is commonly associated with Nationwide Permit (NWP) verification requests, this document uses the term PCN for notification sent to the Corps for all GP verifications (i.e., NWPs, Regional General Permits, Programmatic General Permits). 1.1 Applicant name: SunCap Property Group, Van Boyett 1.2 Activity location: Latitude: 35.003276 Longitude: -80.534697 Location description: The review area is located on the north side of N. Sutherland Avenue; approximately 0.4 miles east of the intersection of N. Sutherland Avenue and US Highway 601. PINs: 09180004G, 09180004H80, and 09180004H90. Reference review area description shown in the Pre -Construction Notification package entitled "Aquatic Resource Sketch Map" and dated 07/30/21. 1.3 Description of activity requiring verification:This verification would authorize the permanent stream and wetland impacts of 635 linear feet (0.04 acres) and 0.06 acres, respectively, to facilitate the development of an industrial single building distribution warehouse with associated infrastructure. 1.4 Existing conditions and any applicable project history: After -the -fact: No. 1.4.1 Jurisdictional Determination: Is this project supported by a Jurisdictional Determination? Yes, Preliminary Jurisdictional Determination 9/30/2021 1.5 Permit authority: Section 404 of the Clean Water Act (33 USC 1344) 1.6 Applicable Permit: NWP 39. Commercial and Institutional Developments 1.7 Waiver Discussion: CESAW-RG (File Number, SAW-2021-01780) Does the activity require a written waiver of the NWP limits? No. Activity requires a waiver from the requirements of a regional condition(s)? No. 2.0 Evaluation of the Pre -Construction Notification 2.1 Direct and indirect effects caused by the GP activity: The direct effects of the proposed activity in waters would include the Toss of jurisdictional waters (as specified in Section 1.3) and their associated aquatic resource functions. The proposed activity also has the potential to result in indirect effects to waters including excess sedimentation in downstream waters, disruption and/or killing of aquatic life in the direct vicinity of the project area, increase of downstream flows, and blocking/restricting aquatic life passage transiting in and through the project area. These indirect effects are expected to be minimal due to design criteria and Best Management Practices (BMPs) required by Nationwide Permit General and Regional Conditions. Additionally, indirect effects would be further reduced through the implementation of BMPs required by state, local, and Federal ordinances and regulations. 2.2 Site specific factors: The review area is mostly cleared from the current property uses that include one recreational area adjacent to the lake, one single family house, farming activities, and recently timbered areas. The surrounding land use consists of residential, agriculture, industrial, and commercial. 2.3 Coordination 2.3.1 Interagency Coordination Was the PCN coordinated with other agencies? No. 2.3.2 Corps internal coordination Was the PCN coordinated with other Corps business lines? No. 3.0 Mitigation 3.1 Avoidance and minimization Provide brief description of how the activity has been designed on -site to avoid and minimize adverse effects, both temporary and permanent, to waters of the United States to the maximum extent practicable at the project site: The applicant provided a detailed statement describing their efforts to avoid and minimized impacts to waters of the United States on the project site in the preconstruction notification. Based on this information, the Corps believes the applicant has avoid and minimized impacts to waters of the United State to the maximum extent practicable. Describe other mitigative actions including project modifications implemented to minimize adverse project impacts? (see 33 CFR 320.4(r)(1)(i)) CESAW-RG (File Number, SAW-2021-01780) The applicant states "impacts to aquatic resources have been minimized to the greatest extent possible." 3.2 Compensatory mitigation requirement Is compensatory mitigation required for unavoidable impacts to jurisdictional aquatic resources to reduce the individual and cumulative adverse environmental effects to a minimal level? Yes. Provide rationale: Compensatory mitigation is required to ensure minimal adverse environmental effects. 3.3 Type and location of compensatory mitigation 3.3.1 Mitigation bank service area Is the impact in the service area of an approved mitigation bank? Yes. If yes, does the mitigation bank have the appropriate number and resource type of credits available? No. 3.3.2 In -lieu fee program service area Is the impact in the service area of an approved in -lieu fee program? Yes. If yes, does the in -lieu fee program have the appropriate number and resource type of credits available? Yes. 3.3.3 Compensatory mitigation Selected compensatory mitigation type/Iocation(s): See Table 1 Table 1: Mitigation Type and Location Mitigation bank credits In -lieu fee program credits x Permittee-responsible mitigation under a watershed approach Permittee-responsible mitigation, on -site and in -kind Permittee-responsible mitigation, off -site and/or out of kind 3.3.4 Mitigation hierarchy Does the selected compensatory mitigation option deviate from the order of the options presented in §332.3(b)(2)-(6)? N/A. If yes, provide the rationale for the deviation, including the likelihood for ecological success and sustainability, location of the compensation site relative to the impact site and their significance within the watershed, and/or the costs of the compensatory mitigation project (see 33 CFR §332.3(a)(1)): CESAW-RG (File Number, SAW-2021-01780) 3.4 Amount of compensatory mitigation Amount of compensatory mitigation: 953 linear feet of stream credits Rationale for required compensatory mitigation amount: This amount of compensatory mitigation is necessary to replace the permanent loss of WOUS and temporal loss at the mitigation site. The applicant provided a quality assessment (i.e., North Carolina Stream Assessment Methodology) for the impacted stream which determined this stream was low quality. Based on this rating, the Corps has determined it is warranted to reduce the compensatory mitigation ratio from 2:1 to 1.5:1. 4.0 Compliance with Other Laws, Policies and Requirements 4.1 Section 7(a)(2) of the Endangered Species Act (ESA) 4.1.1 ESA action area: The action area includes the waters of the United States that will be directly affected by the proposed work or structures and uplands directly affected as a result of authorizing the work or structures. 4.1.2 Lead federal agency for Section 7 of the ESA Has another federal agency taken steps to document compliance with Section 7 of the ESA and completed consultation(s) as required? No. 4.1.3 Listed/proposed species and/or designated/proposed critical habitat Are there listed or proposed species or designated critical habitat or proposed critical habitat that may be present or in the vicinity of the Corps' action area? No. The Corps has determined that it has fulfilled its responsibilities under Section 7(a)(2) of the ESA. IPAC Species in Union County: Name: Atlantic pigtoe (Fusconaia masoni) Status: Proposed Threatened - Proposed for Listing Name: Michaux's sumac (Rhus michauxii) Status: Endangered - Listed Name: Carolina heelsplitter (Lasmigona decorata) Status: Endangered - Listed Name: Schweinitz's sunflower (Helianthus schweinitzii) Status: Endangered - Listed Effect determination(s), including no effect, for all known species/habitat, and basis for determination(s): Based on the latest version of the Natural Heritage Program's NHEO data, there are no protected species located within or in the vicinity of the action area. The Corps has determined the proposed activity will not directly or indirectly affect any species subject to the ESA. 4.1.4 Section 7 ESA consultation \ CESAW-RG (File Number, SAW-2021-01780) Consultation with either the National Marine Fisheries Service and/or the U.S. Fish and Wildlife Service was initiated and completed as required, for any determinations other than "no effect" (see the attached "Summary" sheet for begin date, end date and closure method of the consultation). Based on a review of the information above, the Corps has determined that it has fulfilled its responsibilities under Section 7(a)(2) of the ESA. 4.2 Magnuson -Stevens Fishery Conservation and Management Act, Essential Fish Habitat (EFH) The NWPs/RGPs were coordinated with the NMFS during the permit renewal process. NMFS coordination/EFH consultation is required if the activity affects SAV. This activity does not affect SAV. Therefore, NMFS coordination/EFH consultation has been completed. 4.2.1 Lead federal agency for EFH provisions of the Magnuson -Stevens Act Has another federal agency taken steps to comply with EFH provisions of Magnuson -Stevens Act with the Corps designated as a cooperating agency and has that consultation been completed? No.4.2.2 Magnuson -Stevens Act Did the proposed project require review under the Magnuson -Stevens Act? No. If "yes," state that the district engineer determined the proposed activity may adversely affect EFH and thus requires EFH consultation with NMFS. 4.3 Section 106 of the National Historic Preservation Act (Section 106) 4.3.1 Section 106 permit area The permit area includes those areas comprising waters of the United States that will be directly affected by the proposed work or structures, as well as activities outside of waters of the U.S. because all three tests identified in 33 CFR 325, Appendix C(g)(1) have been met. Final description of the permit area: All three test have been met and portions of the larger project undertaken outside of waters of the U.S. are in the permit area. Activities undertaken outside WOUS are included in the permit area because those activities are directly associated and integrally related with the authorized work and those activities would not occur but for the authorization of the work within the WOUS. 4.3.1 Lead federal agency for Section 106 of the National Historic Preservation Act Has another federal agency been identified as the lead federal agency for complying with Section 106 of the National Historic Preservation Act with the Corps designated as a cooperating agency and has that consultation been completed? No. 4.3.2 Historic properties Known historic properties? No. Based on the NCDCR "HPOWEB" service and aerial photographs, there are no known historic properties located in the permit area or in close proximity to the permit area. CESAW-RG (File Number, SAW-2021-01780) Effect determination and basis for that determination: The Corps has determined the proposed activity will have no effect on properties listed or eligible for listing in the National Register of Historic Places. In a letter dated October 7, 2021, the NCSHPO stated "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." 4.3.3 Consultation with the appropriate agencies, tribes and/or other parties for effect determinations Consultation was initiated and completed with the appropriate agencies, tribes and/or other parties for any determinations other than "no potential to cause effects." (see the attached ORM2 Summary sheet for begin date, end date and closure method of the consultation) 4.4 Tribal Trust Responsibilities 4.4.1 Tribal government -to -government consultation Was government -to -government consultation conducted with Federally -recognized Tribe(s)? No. There are no known tribal interests in the project area. 4.4.2 Other Tribal consultation Other Tribal including any discussion of Tribal Treaty rights? No. There are no known tribal interests in the project area. 4.5 Section 401 of the Clean Water Act — Water Quality Certification (WQC) 4.5.1 Section 401 WQC requirement Is a Section 401 WQC required, and if so, has the certification been issued or waived? A general WQC has been issued for this permit. 4.5.2 401(a)(2) Process If the certifying authority granted an individual WQC, did EPA make a determination that the discharge 'may affect' water quality in a neighboring jurisdiction? No If Yes, provide an explanation of the determination of the effect on neighboring jurisdiction. N/A 4.6 Coastal Zone Management Act (CZMA) 4.6.1 CZMA consistency concurrence CESAW-RG (File Number, SAW-2021-01780) Is a CZMA consistency concurrence required, and if so, has the concurrence been issued, waived or presumed? N/A, a CZMA consistency concurrence is not required. 4.7 Wild and Scenic Rivers Act 4.7.1 National Wild and Scenic River System Is the projectlocated in a component of the National Wild and Scenic River System, or in a river officially designated by Congress as a "study river" for possible inclusion in the system? No. According to http://www.rivers.gov, the proposed project area is not within a designated or study river. 4.8 Effects on Corps Civil Works Projects (33 USC 408) 4.8.1 Permission requirements under Section 14 of the Rivers and Harbors Act (33 USC 408) Does the applicant also require permission under Section 14 of the Rivers and Harbors Act (33 USC 408) because the activity, in whole or in part, would alter, occupy, or use a Corps Civil Works project? No, there are no Corps Civil Works project(s) in or near the vicinity of the proposal. 4.9 Other (as needed) N/A 4.10 Compliance Statement The Corps has determined that it has fulfilled its responsibilities under the following laws, regulations, policies, and guidance: Table 3 — Compliance with Federal Laws and Responsibilities Laws, Regulations, Policies, and Guidance Yes N/A Section 7(a) (2) of the ESA X EFH provisions of the Magnuson -Stevens Act X Section 106 of the NHPA X Tribal Trust X Section 401 of the CWA X CZMA X Wild and Scenic Rivers Act X Section 408 - 33 USC 408 X Other: Select N/A or enter other laws, regulations, policies, and guidance identified in Section 4.9 above. X 5.0 Special Conditions CESAW-RG (File Number, SAW-2021-01780) 5.1 Special condition(s) requirement(s) Are special conditions required to ensure minimal effects, ensure the authorized activity is not contrary to the public interest and/or ensure compliance of the activity with any of the laws above? Yes. 5.2 Special condition(s) Special condition 1: a. In order to compensate for impacts associated with this permit, mitigation shall be provided in accordance with the provisions outlined on the most recent version of the attached Compensatory Mitigation Responsibility Transfer Form. The requirements of this form, including any special conditions listed on this form, are hereby incorporated as special conditions of this permit authorization. Rationale:See Section 3.0. 6.0 Determination 6.1 General Permit Statement The activity, with the required mitigation, will result in no more than minimal individual and cumulative adverse effects on the aquatic environment and will not be contrary to the public interest, provided the permittee complies with the special conditions identified above. 6.2 Compliance Statement This activity, as described, complies with all terms and conditions of the permit identified in Section 1.5. PREPARED BY: Bryan Roden -Reynolds 2021.10.20 09:18:33 -04'00' Bryan Roden -Reynolds Date: 10/20/2021 U.S. ARMY CORPS OF ENGINEERS Wilmington District Compensatory Mitigation Responsibility Transfer Form Permittee: SunCap Property Group, Van Boyett Action ID: SAW-2021-01780 Project Name: Stafford Street Extension County: Union Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved Mitigation Bank or the North Carolina Division of Mitigation Services (NCDMS), who will then sign the form to verify the transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Permittee's responsibility to ensure that Wilmington District Project Manager identified on page two is in receipt of a signed copy of this form before conducting authorized impacts, unless otherwise specified below. If more than one Mitigation Sponsor will be used to provide the mitigation associated with the permit, or if the impacts and/or the mitigation will occur in more than one 8-digit Hydrologic Unit Code (HUC), multiple forms will be attached to the permit, and the separate forms for each Sponsor and/or HUC must be provided to the appropriate Mitigation Sponsors. Instructions to Sponsor: The Sponsor verifies that the mitigation requirements (credits) shown below have been released and are available at the identified site. By signing below, the Sponsor is accepting full responsibility for the identified mitigation, regardless of whether they have received payment from the Permittee. Once the form is signed, the Sponsor must update the bank ledger and provide a copy of the signed form and the updated ledger to the Permittee, the Project Manager who issued the permit, the Bank Project Manager, and the District Mitigation Office (see contact information on page 2). The Sponsor must also comply with all reporting requirements established in their authorizing instrument. Permitted Impacts and Compensatory Mitigation Requirements: Permitted Impacts Requiring Mitigation* 8-digit HUC and Basin: 03040105, Yadkin River Basin Stream Impacts (linear feet) Wetland Impacts (acres) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non -Riparian Coastal 635 *If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor. Compensatory Mitigation Requirements: 8-digit HUC and Basin: 03040105, Yadkin River Basin Stream Mitigation (credits) Wetland Mitigation (credits) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non -Riparian Coastal 953 Mitigation Site Debited: NCDMS (List the name of the bank to be debited. For umbrella banks, also list the specific site. For NCDMS, list NCDMS. If the NCDMS acceptance letter identifies a specific site, also list the specific site to be debited). Section to be completed by the Mitigation Sponsor Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation transactions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for providing the mitigation identified in this document (see the table above), associated with the USACE Permittee and Action ID number shown. I also verify that released credits (and/or advance credits for NCDMS), as approved by the Wilmington District, are currently available at the mitigation site identified above. Further, I understand that if the Sponsor fails to provide the required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to ensure compliance associated with the mitigation requirements. Mitigation Sponsor Name: Name of Sponsor's Authorized Representative: Page 1 of 2 Form Version 10 June 2020_updated CESAW-RG (File Number, SAW-2021-01780) Signature of Sponsor's Authorized Representative Date of Signature Conditions for Transfer of Compensatory Mitigation Credit: • Once this document has been signed by the Mitigation Sponsor and the District is in receipt of the signed form, the Permittee is no longer responsible for providing the mitigation identified in this form, though the Permittee remains responsible for any other mitigation requirements stated in the permit conditions. • Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only after the District is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein. When NCDMS provides mitigation for authorized impacts conducted by the North Carolina Department of Transportation (NCDOT), construction within jurisdictional areas may proceed upon permit issuance; however, a copy of this form signed by NCDMS must be provided to the District within 30 days of permit issuance. NCDOT remains fully responsible for the mitigation until the District has received this form, confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein. • Signed copies of this document must be retained by the Permittee, Mitigation Sponsor, and in the USACE administrative records for both the permit and the Bank/ILF Instrument. It is the Permittee's responsibility to ensure that the District Project Manager (address below) is provided with a signed copy of this form. • If changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to the District, the Sponsor must obtain case -by -case approval from the District Project Manager and/or North Carolina Interagency Review Team (NCIRT). If approved, higher mitigation ratios may be applied, as per current District guidance and a new version of this form must be completed and included in the District administrative records for both the permit and the Bank/ILF Instrument. Comments/Additional Conditions: A letter from NCDMS, confirming they are willing and able to accept the applicant's compensatory mitigation responsibility, dated 10/7/2021 was included with the preconstruction notification. This form is not valid unless signed below by the District Project Manager and by the Mitigation Sponsor on Page 1. Once signed, the Sponsor should provide copies of this form along with an updated bank ledger to: 1) the Permittee, 2) the District Project Manager at the address below, 3) the Bank Manager listed in RIBITS, and 4) the Wilmington District Mitigation Office, 3331 Heritage Trade Drive, Suite 105, Wake Forest, NC 27587 (or by email to SAWMIT(5Jusace.armv.mil). Questions regarding this form or any of the permit conditions may be directed to the District Mitigation Office. USACE Project Manager: USACE Field Office: Email: Bryan Roden -Reynolds Charlotte Regulatory Office US Army Corps of Engineers 8430 University Executive Park Drive, Suite 615 Charlotte, North Carolina 28262 bryan.roden-reynolds@usace.army.mil Bryan Roden -Reynolds 2021.10.20 09:18:11-04'00' 10/20/2021 USACE Project Manager Signature Date of Signature Current Wilmington District mitigation guidance, including information on mitigation ratios, functional assessments, and mitigation bank location and availability, and credit classifications (including stream temperature and wetland groupings) is available at http://ribits.usace.army.mil. WETLAN • IS lOtit L is yaYt;4f� . c f - ,I... :� E�.AIIGNAVa17E�KJv� a v w- c /f �` \``,' tom.imi.v, , < �- / ce 1/ ` rli���`wL�Araq,inaP �c�' ORSBORN� ENGINEERING GROUP 805 LEXINGTON AVENUE , SUITE 301 CHARLOTTE, NC 28203 P) 704-749-1432 www.orsborn-.no com r- �ti4;Y-”Y"W �P� s /�:�c �c :::::::::1\'':::1,...."-;" v f �`J:::./1;11.: I`,, : 0, '4, k: I�ti (tom Fri?r --- � � ��~� � =`46'� �, as,/,,, k 1 { i ` 1 1+ r5. { �\°r 5= \\\ice �•3_.?i4;L % 4'"„% =.0ii 1 < CI W1 = 0.054 acre �1�. Building and Trailer Parking ��f/Oty- , "-A' .' A aL � ,1? il�� I / S/ c J r_ J x ^' //J— �`—III/� �o, Jt, �S SZl S, �e .i�"Jif { I /r���,,/>l,�`-��W2=0.002acre a1ti/ II 1 `�l`. 1 , r ; - \ . �i —Building and Trailer Parking f j \ (,(. �W3=0.001acre /�/St ��/\/} �A jBuilding and Trailer Parking j �� I7SF /' tl I, 35 linear ,� f J feet wZr1646 it��PSJ r t — -- llf��nrl yl� ~f In r " Si =6 • WETLAND AND STREAM IMPACT OVERALL MAP MONROE DISTRIBUTION MONROE, NORTH CAROLINA W4 = 0.002 acre Building and Trailer Parking Building and Trailer Parking i/ l�II /1 GRAPHIC SCALE 0 150 300 600 ( IN FEET ) 1 Inch - 300 ft. 1 r/ f/,"/J / / ' / . �_ 1l\\(�/l\ c J / (1 %4 LANf)I /1/lam f �r-;J .-_\ JI \�\\\\1)1)�/FBI I1lIr/ > /-'� - _.-J .\�\\ \ 1 \ ...1 I / ,i //��/_ -"� 4, ir ;.„,;:,,,,,.,,,,,,,,,,,,,,,,..„\, f / J 7J)II/(//-N.\\\ ���7 ri-/ l/f\`\`r \ ti\ f 1/"'r/--�-- I I s -�_vi . . ., -ti"-' . • • . A N . - ::.-,7-,`\7 \( , - ' ( / ' orivr if ir-- r.-/.4kf.........„,...6....,.., - ._%---*,...'.i.,,----,N.......\..1 littemoimonanaramemonwasmose ce �� \ /i (\\��\�N \V\\ �l /I/ /l EW1=0.054acre oval (�clwTLANo �PAr Building and Trailer Parking )Ill\,\\\\ l ` - / I ' ��/j'I // r11111,0 ICJ (rI /t(\ l-,\\ 1 1Z \ / \ \ \\ \\ \\\\ � �~ \\\ 0 I\ \\ L \ 11 1 \ \,-.- \ lt.� i ��\1 �� \\\\� ��\`1 •\\ 1 t -- %S: _ h\ \ -, l�,�l•C�1�aJ IN rzt - rp 6O5 LEXINOTON AVENUE , SUITE 301 CHARLOTTE, NC 28203 P) 704-749-1432 www.onbom-.n9.com -- WETLAND AND STREAM IMPACT ENLARGED MAP MONROE DISTRIBUTION MONROE, NORTH CAROLINA \. - ?( 1) )f�\W3=0.001acre iL p p Amit`cT 1\ Building and Trailer Parking r )fJl (J N f/^/ //// / r z W4-0002acre 1 (/ �� \�� r l J I( / J / / _\ / / / odz h�c wyT)_2NDrim1A4( W2 = 0.002 acre , (\\ , Building and Trailer Parking ) )) // / Eft0/2/ ilETIAN 7Z IMPACT,. Building and Trailer Parking I1 _ ; \I11\\I\ —s• Il 1 _ -. 1 1 ) -/- l\ \\\ (1 \ l\ r , \ rasa . _ � r S1 = 635 linear feet Building and Trailer Parking \ \-'\ \Z` a \ \ 11 \\ 111 \\\� \ v_ \ STIES At*„ _� _. '�. ram- GRAPHIC SCALE 0 75 150 300 ( IN FEET ) 1 inch = 150 ft. ROY COOPER Governor ELIZABETH S. BISER Secretary S. DANIEL SMITH Director NORTH CAROLINA Environmental Quality December 15, 2021 DWR # 21-1631 Union County SunCap Property Group Attn: Van Boyett 2170 Concord Ave. Monroe, NC 28110 sent via email to: vboyett@suncappq.com Subject: Approval of Individual 401 Water Quality Certification Stafford Street Extension Project Dear Mr. Boyett: Attached hereto is a copy of Certification No. WQC004563 issued to Van Boyett and SunCap Property Group, dated December 15, 2021. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of this Water Quality Certification. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this Certification and is responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)]. This General Certification does not relieve the permittee of the responsibility to obtain all other required Federal, State, or Local approvals before proceeding with the project, including those required by, but not limited to, Sediment and Erosion Control, Non -Discharge, Water Supply Watershed, and Trout Buffer regulations. This Water Quality Certification neither grants nor affirms any property right, license, or privilege in any lands or waters, or any right of use in any waters. This Water Quality Certification does not authorize any person to interfere with the riparian rights, littoral rights, or water use rights of any other person and does not create any prescriptive right or any right of priority regarding any usage of water. This Water Quality Certification shall not be interposed as a defense in any action respecting the determination of riparian or littoral rights or other rights to water use. No consumptive user is deemed by virtue of this Water Quality Certification to possess any prescriptive or other right of priority with respect to any other consumptive user regardless of the quantity of the withdrawal or the date on which the withdrawal was initiated or expanded. Upon the presentation of proper credentials, the Division may inspect the property. This Water Quality Certification shall expire on the same day as the expiration date of the corresponding Individual Section 404 Permit. The conditions shall remain in effect for the life of the project, regardless of the expiration date of this Water Quality Certification. £D_E Oepa/11Mn1 al EavLanmVUMwRal O North Carolina Department of Environmental Quality I Division of Water Resources Mooresville Regional Office 1610 East Center Avenue. Suite 301 I Mooresville, North Carolina 281)5 704.663.1699 SunCap Property Group DWR# 20211631 Individual Certification #WQC004563 Page 2 of 8 Non-compliance with or violation of the conditions herein set forth may result in revocation of this Water Quality Certification for the project and may also result in criminal and/or civil penalties. If you are unable to comply with any of the conditions of this Water Quality Certification you must notify the Mooresville Regional Office within 24 hours (or the next business day if a weekend or holiday) from the time the permittee becomes aware of the circumstances. The permittee shall report to the Mooresville Regional Office any noncompliance with, and/or any violation of, stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the permittee became aware of the non-compliance circumstances. This approval and its conditions are final and binding unless contested [G.S. 143-215.5]. Please be aware that impacting waters without first applying for and securing the issuance of a 401 Water Quality Certification violates Title 15A of the North Carolina Administrative Code (NCAC) 2H .0500. Title 15A NCAC 2H .0500 requires certifications pursuant to Section 401 of the Clean Water Act whenever construction or operation of facilities will result in a discharge into navigable waters, including wetlands, as described in 33 Code of Federal Regulations (CFR) Part 323. It also states any person desiring issuance of the State certification or coverage under a general certification required by Section 401 of the Federal Water Pollution Control Act shall file with the Director of the North Carolina Division of Water Quality. Pursuant to G.S. 143-215.6A, these violations and any future violations are subject to a civil penalty assessment of up to a maximum of $25,000.00 per day for each violation. This Certification can be contested as provided in Chapter 150E of the North Carolina General Statutes by filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter 150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code. Additional information regarding requirements for filing a Petition and Petition forms may be accessed at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000. One (1) copy of the Petition must also be served to the North Carolina Department of Environmental Quality: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the Division's review under section 401 of the Clean Water Act and 15A NCAC 02H .0500. Please contact Doug Perez at 704-743-6872 or doug.perez@ncdenr.gov if you have any questions or concerns. SunCap Property Group DWR# 20211631 Individual Certification #WQC004563 Page 3 of 8 Sincerely, ,—DocuSigned by: A44460, H P:*.»4 �F161FB69A2D84A3... for W. Corey Basinger, Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office, DEQ cc: Jennifer Robertson, Atlas Environmental, Inc., Iobertson@atlasenvi.com Bryan Roden -Reynolds, USACE Charlotte Field Office, bryan.k.rodenreynolds@usace.army.mil Todd Bowers, EPA, email DWR 401 & Buffer Permitting Branch Electronic file SunCap Property Group DWR# 20211631 Individual Certification #WQC004563 Page 4 of 8 NORTH CAROLINA 401 WATER QUALITY CERTIFICATION CERTIFICATION #WQC004563 is issued in conformity with the requirements of Section 401, Public Laws 92- 500 and 95-217 of the United States and subject to North Carolina's Regulations in 15 NCAC 02H .0500 and 15A NCAC 02B .0200, to Van Boyett and SunCap Property Group, who have authorization for the impacts listed below, as described within your application received by the N.C. Division of Water Resources (Division) on November 10, 2021, and by Public Notice issued by the U. S. Army Corps of Engineers and received by the Division on November 10, 2021. The State of North Carolina certifies that this activity will comply with water quality requirements and the applicable portions of Sections 301, 302, 303, 306, 307 of the Public Laws 92-500 and PL 95-217 if conducted in accordance with the application, the supporting documentation, and conditions hereinafter set forth. This approval requires you to follow the conditions listed in the certification below. CONDITIONS OF CERTIFICATION [15A NCAC 02H .0507(c)]: 1. The following impacts are hereby approved. No other impacts are approved, including incidental impacts. [15A NCAC 02H .0506(b)] Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Stream Fill 635 (linear feet) 0 (linear feet) 404/401 Wetlands Fill 0.059 (acres) 0 (acres) 2. Mitigation must be provided for the proposed impacts as specified in the table below. The Division has received an acceptance letter from the NC Division of Mitigation Services (DMS) to meet this mitigation requirement. Until the DMS receives and clears your payment, and proof of payment has been provided to this Office, no impacts specified in this Authorization Certificate shall occur. For accounting purposes, this Authorization Certificate authorizes payment to the DMS to meet the following compensatory mitigation requirement [15A NCAC 02H .0506(c)]: Compensatory Mitigation Required River and Sub -basin Number Stream 635 (feet) Yadkin (03040105) SunCap Property Group DWR# 20211631 Individual Certification #WQC004563 Page 5 of 8 3. Stormwater Management: The applicant may provide documentation that the project will not impair water quality to the receiving stream(s) from stormwater runoff or provide an approved stormwater management plan. Any high density project and/or project that exceeds density thresholds must provide a stormwater management plan for the entire project, for review and approval including all forms and pertinent items that complies with the high density development requirements. Low density development. The plan may be approved by the Division, State Stormwater Program or a local delegated authority. The plan shall consider the impact of the volume and velocity of discharge and runoff to the receiving stream and adjacent riparian areas to prevent scouring and erosions of the features. Citations: 15A NCAC 02U.1017, 15A NAC 02H.1003 (2)(a), 15 NCAC 02B.0614 (8), 15A NCAC 02B.0607(h) 4. Diversion ditches and other stormwater conveyances as related to the sediment and erosion control measures shall be matted and/or stabilized to reduce sediment lost and turbidity. This includes interior/exterior slopes of sediment basins. 15A NCAC 02H .05606 (b)(3) and (c) (3) 5. Bare/fill slopes in excess of 10 feet in height and within 30 feet of surface water shall be matted. 15A NCAC 02H .0506 (b)(1) and15A NCAC 02H .502 (c) 6. Stormwater discharge structures at this site shall be constructed in a manner such that the potential receiving streams (of the discharge) will not be impacted due to sediment accumulations, scouring or erosion of the stream banks. 15A NCAC 02B .0203 7. The permittee shall report to the DWR Mooresville Regional Office any noncompliance with, and/or any violation of, stream or wetland standards [15A NCAC 02B .0200], including but not limited to sediment impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the permittee became aware of the non-compliance circumstances. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) 8. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the footprint of the approved impacts (including temporary impacts). Citation: 15A NCAC 02H .0506; 15A NCAC 02H .0507(c) 9. All activities shall be in compliance with any applicable State Regulated Riparian Buffer Rules in Chapter 2B of Title 15A in the North Carolina Administrative Code. 10. When applicable, all construction activities shall be performed and maintained in full compliance with G.S. Chapter 113A Article 4 (Sediment and Pollution Control Act of 1973). Regardless of applicability of the Sediment and Pollution Control Act, all projects shall incorporate appropriate Best Management Practices for the control of sediment and erosion so that no violations of state water quality standards, statutes, or rules occur. Design, installation, operation, and maintenance of all sediment and erosion control measures shall be equal to or exceed the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual, or for linear transportation projects, the North Caroline Department of Transportation Sediment and Erosion Control Manual. SunCap Property Group DWR# 20211631 Individual Certification #WQC004563 Page 6 of 8 All devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) sites, including contractor -owned or leased borrow pits associated with the project. Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times. For borrow pit sites, the erosion and sediment control measures shall be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. Reclamation measures and implementation shall comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act and the Mining Act of 1971. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCACO28.0200; 15A NCAC 028 .0231 11. Sediment and erosion control measures shall not be installed in wetland or waters except within the footprint of temporary or permanent impacts otherwise authorized by this Certification. If placed within authorized impact areas, then placement of such measures shall not be conducted in a manner that results in dis-equilibrium of any wetlands, streambeds, or streambanks. Any silt fence installed within wetlands shall be removed from wetlands and the natural grade restored within two (2) months of the date that DEMLR or locally delegated program has released the specific area within the project to ensure wetland standards are maintained upon completion of the project. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 028.0200; 15A NCAC 028 .0231 12. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used along streambanks or within wetlands. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) 13. If the project is covered by NPDES Construction Stormwater Permit Number NCG010000 or NPDES Construction Stormwater Permit Number NCG250000, full compliance with permit conditions including the erosion & sedimentation control plan, inspections and maintenance, self -monitoring, record keeping and reporting requirements is required. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 028.0200; 15A NCAC 028 .0231 14. All work in or adjacent to streams shall be conducted so that the flowing stream does not come in contact with the disturbed area. Approved best management practices from the most current version of the NC Sediment and Erosion Control Manual, or the NC Department of Transportation Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams, and other diversion structures shall be used to minimize excavation in flowing water. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 028 .0200 15. Application of fertilizer to establish planted/seeded vegetation within disturbed riparian areas and/or wetlands shall be conducted at agronomic rates and shall comply with all other Federal, State and Local regulations. Fertilizer application shall be accomplished in a manner that minimizes the risk of contact between the fertilizer and surface waters. Citation: 15A 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 028.0200; 15A NCAC 0213.0231 SunCap Property Group DWR# 20211631 Individual Certification #WQC004563 Page 7 of 8 16. If concrete is used during construction, then all necessary measures shall be taken to prevent direct contact between uncured or curing concrete and waters of the state. Water that inadvertently contacts uncured concrete shall not be discharged to waters of the state. Citation: 15A 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B.0200; 15A NCAC 028 .0231 17. All mechanized equipment operated near surface waters shall be inspected and maintained regularly to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids, or other toxic materials. Construction shall be staged in order to minimize the exposure of equipment to surface waters to the maximum extent practicable. Fueling, lubrication, and general equipment maintenance shall be performed in a manner to prevent, to the maximum extent practicable, contamination of surface waters by fuels and oils. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 028.0200; 15A NCAC 028.0231 18. Heavy equipment working in wetlands shall be placed on mats or other measures shall be taken to minimize soil disturbance and compaction. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 028 .0231 19. In accordance with 143-215.85(b), the permittee shall report any petroleum spill of 25 gallons or more; any spill regardless of amount that causes a sheen on surface waters; any petroleum spill regardless of amount occurring within 100 feet of surface waters; and any petroleum spill less than 25 gallons that cannot be cleaned up within 24 hours. Citation: 15A NCAC 02H .0507(c); N.C.G.S 143-215.85(b) 20. The permittee and their authorized agents shall conduct all activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal Law. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) 21. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this General Certification. A copy of this General Certification shall be available at the project site during the construction and maintenance of this project. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) This approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. The conditions in effect on the date of issuance shall remain in effect for the life of the project, regardless of the expiration date of this Certification. [15A NCAC 02H .0507(c)] SunCap Property Group DWR# 20211631 Individual Certification #WQC004563 Page 8 of 8 This, the 15`h day of December 2021 DocuSigned by; A.441401 N P.:444 F161FB69A2D84A3... for W. Corey Basinger, Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office, DEQ ROY COOPER Governor ELIZABETH S. BISER Secretary MARC RECKTENWALD Director Van Boyett SunCap Property Group 6101 Carnegie Blvd #180 Charlotte, NC 28209 NORTH CAROLINA Environmental Quality INVOICE# INV-006118 February 14, 2022 Project: Stafford Street Extension County: Union 401 permit#: 2021-1631 404 permit#: 2021-01780 DMS ID#: MR-07885 Invoice expires: 4/15/2022 Please review this invoice carefully and report any discrepancies immediately to the contact listed below. You have elected to satisfy the compensatory mitigation requirements of the applicable Section 401/404 permit(s) issued for the above referenced project through payment of a fee to the NCDEQ Division of Mitigation Services (DMS) In -Lieu Fee Program. In accordance with 15A NCAC 02R .0402, the amount due is based upon the 2021-22 Rate Schedule and has been calculated as follows: Location Yadkin 03040105 Mitigation Type Warm Stream Credits 953 Rate per credit $603.87 Fee $575,488.11 TOTAL AMOUNT DUE if paid within 60 days: $575,488.11 This invoice expires in 60 days. Expired invoices are not eligible to be paid. Note that permit(s) may require payment before this date. Invoice extensions may be requested by emailing the DMS In -Lieu Fee Program Coordinator at kelly.williams@ncdenr.gov. Extensions will be based on the fee schedule in effect on the date they are issued. Please submit an ePayment at http://go.ncdenr.gov/epayment or mail a check for the Total Amount Due to the address below and enclose a copy of your unexpired invoice. US Mail: NCDEQ Division of Mitigation Services 1652 Mail Service Center Raleigh, NC 27699-1652 Physical Address for UPS/FedEx: NCDEQ Division of Mitigation Services 217 West Jones St., Suite 3000A Raleigh, N.C. 27603 Third party payments must be accompanied by written authorization from the permittee. All refund requests must be submitted in accordance with the Division's refund policy. If you have questions concerning this payment, please contact kelly.williams@ncdenr.gov. YOU MUST BE IN POSSESSION OF THE PAYMENT RECEIPT FROM DMS PRIOR TO COMMENCING THE ACTIVITIES AUTHORIZED BY THE DEPARTMENT OF ARMY 404 PERMIT AND/OR THE 401 WATER QUALITY CERTIFICATION. cc: Todd Tugwell, USACE - Raleigh; Bryan Roden -Reynolds, USACE Sheri Montalvo- NCDWR Jennifer Robertson, agent iwuen..-arNr\ /*" North Carolina Department of Environmental Quality i Division of Mitigation Services 217 West Jones Street 1 1652 Mail Service Center ( Raleigh. North Carolina 27699-1652 919.707.8976