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HomeMy WebLinkAbout20220313 Ver 1_More Information Received_20220407Strickland, Bev From: Dan McCauley <dmccauley@harthickman.com> Sent: Thursday, April 7, 2022 8:54 AM To: Phillips, George L CIV USARMY CESAW (USA) Cc: Cohn, Colleen M; Matt Ingalls Subject: [External] RE: Gold Leaf Crossing / Fuquay-Varina / Wake County / SAW-2021-00367 / NWP 39 / Request for Additional Information Attachments: Updated Gold Leaf Crossing NWP#39 (4-7-22).pdf CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. Lyle, Please see the updated PCN documents attached associated with a NWP #39 application for the proposed Gold Leaf Crossing commercial development. We believe these documents appropriately address the comments you submitted to us via email on March 25, 2022. If you have any questions, please don't hesitate to reach out. Thank you. Dan opk- Dan McCauley, PWS Project Environmental Scientist Hart & Hickman, PC 3921 Sunset Ridge Road, Ste. 301 • Raleigh, NC 27607 Direct: 919-723-2510 • Mobile: 704-998-1864 www.harthickman.com 62 From: Phillips, George L CIV USARMY CESAW (USA) <George.L.Phillips@usace.army.mil> Sent: Friday, March 25, 2022 4:22 PM To: Dan McCauley <dmccauley@harthickman.com> Cc: colleen.cohn@ncdenr.gov Subject: Gold Leaf Crossing / Fuquay-Varina / Wake County / SAW-2021-00367 / NWP 39 / Request for Additional Information Mr. McCauley, I have reviewed the above referenced project and need the following comments/questions addressed to evaluate the proposed activities. 1) As you may or may not be aware, on 8/30/2021 the U.S. District Court for the District of Arizona issued an order vacating and remanding the Navigable Waters Protection Rule (NWPR) in the case of Pascua Yaqui Tribe v. U.S. Environmental Protection Agency. As such, proceeding with the delineation for permitting and processing a Jurisdictional Determination (JD) would now have to be done according to the pre-2015 waters of the U.S. (WOTUS) regulatory regime (i.e. the 1986 WOTUS regulation, as informed by the 2003 SWANCC and 2008 Rapanos Guidance documents). As such I offer the following comments for you and the applicant to consider. 1 a. Three options moving forward: 1) a revised AJD, 2) a revised combined AJD/PJD or 3) a revised PJD. In order to move forward with an AJD, Rapanos forms would be required to document the entire site. Moving forward with a combined AJD/PJD would consists of rapanos forms for features which are potentially non jurisdictional and a preliminary determination for all other features. Moving forward under a PJD would mean all features with an ordinary high water mark or meet the three criterial would be jurisdictional. In order to expedite the process a combined AJD/PJD for the areas specific to the project is the quickest option and still allows the Corps to determine features to be non -jurisdictional for permitting. Please discuss with the applicant and let me know how you would like to proceed. b. Wetland WAC was previously field -determined to be non -adjacent wetland based on the NWPR in an email dated 06/09/2021. Based on the QL2 Lidar (attached) I am unable to confirm if WAC is jurisdictional under the pre-2015 WOTUS regulatory regime. Rapanos forms would be required to document the preceding. If you would like to schedule a site visit to review this area please let me know. In order for WAC to be isolated it would need to be "not adjacent to (i.e. bordering or neighboring) an RPW, and does not have a "significant nexus" with a TNW." c. Based on my site visit on 04/01/2021, QL2 LiDAR data, Pond A and Pond B previously field -determined to be constructed or excavated in uplands or a non -jurisdictional water based on the NWPR, appear to be non -jurisdictional under the pre-2015 WOTUS regulatory regime. The reason for this is that Pond A and Pond B appear to be constructed entirely in uplands. There are no features with ordinary high water marks or hydric soils above which drain into Pond A and Pond B. For explanation of WAC (see above). 2) Based on the application the project proposes to discharge fill material at Wetland Area "B" (WAB). There is discussion about the quality of WAB but there is no justification for the proposed impacts. The need building is not disputed; however, you have not demonstrated avoidance and minimization to the maximum extent practicable as required by NWP General Conditions 23(a) and (b). For example, given the scale of the site, the amount of proposed buildings and parking it appears that impacts at Impact Area B could be avoided or minimized while still achieving the project purpose. Please provide justification for the importance of this building and explain how avoiding or minimizing is not practicable. 3) Based on the location of the detention pond, location of the level spreader and the retaining walls it appears as though the upper portion of Wetland Area A could be indirectly affected hydrologically. Please provide additional information to support the continued function of Wetland Area A up gradient of the Detention Pond. 4) Based on the location of the SWM, location of the level spreader and the retaining walls it appears as though the upper portion of Wetland Area B could be indirectly affected hydrologically. Please provide additional information to support the continued function of Wetland Area B up gradient of the SWM. 5) NOTE: As stated in NWP 39, the discharge must not cause the loss of greater than 1/2-acre of non -tidal waters of the United States. If NWP thresholds are exceeded you may apply for the proposed project via the Standard Permit process. Or, as an alternative, you may further avoid or minimize impacts proposed to show that cumulative impacts fit within the NWP impact thresholds. This may or may not be a factor once the above comments/questions are addressed. Please submit the above information within 30 days of receipt of this Notification or we may consider your application withdrawn and close the file. Please call or email (George.L.Phillips@usace.army.mil) me if you have any questions. Please let me know if you have any questions or concerns. Given the complexity of the comments above, it may be beneficial to schedule a time to discuss. Lyle Phillips Regulatory Specialist US Army Corps of Engineers CE-SAW-RG-R 2 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 Phone: (919) 554-4884, Ext. 25. Fax: (919) 562-0421 Email: George.L.Phillips@usace.army.mil We would appreciate your feedback on how we are performing our duties. Our automated Customer Service Survey is located at https://regulatory.ops.usace.army.mil/customer-service-survey/ . Thank you for taking the time to visit this site and complete the survey. 3 hart '%. hickman SMARTER ENVIRONMENTAL SOLUTIONS Via Email April 7, 2022 US Army Corps of Engineers Wilmington District — Raleigh Regulatory Office 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 North Carolina Department of Environmental Quality Division of Water Resources 3800 Barrett Drive Raleigh, North Carolina 27609 Attention: Mr. Lyle Phillips and Ms. Colleen Cohn Re: Updated Pre -Construction Notification Corps ID: SAW-2021-00367 DWR ID: 20220313 Ver 1 Gold Leaf Crossing Proposed Commercial Development North Main Street Fuquay-Varina, Wake County, North Carolina H&H Job No. CPT-007 Dear Lyle and Colleen: On behalf of CORE Properties, LLC, please find the enclosed updated and supplemental documents associated with an updated Pre -Construction Notification (PCN) application for the above -referenced Gold Leaf Crossing commercial development (SAW-2021-00367 / DWR # 20220313). The documents have been updated to address comments received from you via email on March 25, 2022. The following documents have been updated and/or supplemented: • PCN Form • Site Plan prepared by Burton Engineering • Avoidance and Minimization Document • Mitigation Acceptance Letter 2923 South Tryon Street, Suite 100 Charlotte, NC 28203 704.586.0007 main 3921 Sunset Ridge Rd , Suite 301 Raleigh, NC 27607 919.847.4241 main www.harthickman.com Mr. Lyle Phillips Ms. Colleen Cohn April 7, 2022 Page 2 • NC WAM Documents • Updated Preliminary Wetland Delineation Map • Rapanos Form The developer is proposing to construct a commercial development on the Site. Based on comments provided by you via email, and due to the recent change to the Navigable Waters Protection Rule (NWPR), the applicant has elected to proceed with a revised combined Approved Jurisdictional Determination (AJD) and Preliminary Jurisdictional Determination (PJD). H&H understands that the US Army Corps of Engineers (Corps) agrees that Pond "A" and Pond "B", which were previously determined to be non jurisdictional features, remain non - jurisdictional under the pre-2015 WOTUS regulatory regime. Additionally, H&H understand the Corps is unable to confirm that Wetland Area "C', which was previously determined to be non - jurisdictional, remains non jurisdictional under the pre-2015 WOTUS regulatory regime. Therefore, H&H considers Pond "A" and Pond "B" to be non jurisdictional and Wetland Area "C" to be jurisdictional. An updated Preliminary Wetland Delineation Map and a Rapanos form are attached to the letter reflecting these changes. During a site visit with the North Carolina Department of Environmental Quality (DEQ) Division of Water Resources (DWR) on June 17, 2021, Wetland Area "C" was determined to be isolated and jurisdictional by the DWR. H&H understands that both the Corps and DWR have taken jurisdiction over Wetland Area "C". This is reflected on the updated PCN form attached. Based on comments provided by you vis email, H&H understands the Corps has concerns with indirect hydrologic impacts to the upgradient portions of Wetland Area "A" and Wetland Area "B" due to the location of retaining walls, level spreaders, and stormwater ponds. During the delineation performed in June of 2020, H&H did not locate significant surface water influences to these wetlands, which could be impaired by added impervious area or retaining walls. H&H believes Wetland Area "A" and Wetland Area `B" function based off an interaction with the groundwater table, which will not be significantly impacted by the proposed development. In hart hickman https://harthick.sharepoint.com/sites/MasterFiles-1/Shared Documents/AAA-Master Projects/CORE Properties, Inc. - CPT/CPT-007 Adcock Project - Fuquay-Varina, NC/Task 002 Wetlands Delineation/Permitting/Update/Cover Letter (3).doc SMARTER ENVIRONMENTAL SOLUTIONS Mr. Lyle Phillips Ms. Colleen Cohn April 7, 2022 Page 3 addition, the upgradient portion of Wetland Area "A" was a former pond, which was excavated to the groundwater table. Due to these findings, H&H does not believe the proposed development will indirectly impact the hydrology within the upgradient portions of Wetland Area "A" and Wetland Area `B". Based on comments provided by you via email, H&H understands the Corps has concerns regarding the justification for impacts to Wetland Area `B". Impacts to Wetland Area `B" include fill and the creation of a level building pad to facilitate the construction of a commercial building and parking areas. The upgradient portion of Wetland Area `B" is centrally located on the Site, which makes this area extremely valuable to the developer and costly to avoid without causing impacts to other on -Site wetland areas. In order for the development to be economical for the applicant, a certain building density is required. In addition, a minimum number of parking spaces is required to support the building density. Based on these requirements, the location of the proposed impact along a major road frontage, and need for this building to make the development economical for the applicant, H&H feels that impacts to the upgradient portion of Wetland Area `B" are justified. However, the applicant understands the importance of avoiding and minimizing impacts to Wetland Area `B" in addition to the other on -Site wetland areas. Therefore, the applicant has proposed the following activities to further avoid and minimize impacts. Proposed parking areas and the proposed size of the commercial building impacting Wetland Area `B" have been reduced. The proposed retaining wall downgradient of Wetland Area `B" has been shifted, and the grading plan has been updated to reduce impacts to Wetland Area `B". In addition, the main roadway proposed through the central portion of the Site has been adjusted, which has resulted in a reduction of impacts to Wetland Area "A". Lastly, the applicant proposes the construction of a wetland area adjacent to Wetland Area "B". Information regarding the constructed wetland is discussed further below. The applicant has proposed the construction of a wetland area adjacent to the east of Wetland Area "B". The purpose of the constructed wetland is to enhance wetland functionality and hart hickman https://harthick.sharepoint.com/sites/MasterFiles-1/Shared Documents/AAA-Master Projects/CORE Properties, Inc. - CPT/CPT-007 Adcock Project - Fuquay-Varina, NC/Task 002 Wetlands Delineation/Permitting/Update/Cover Letter (3).doc SMARTER ENVIRONMENTAL SOLUTIONS Mr. Lyle Phillips Ms. Colleen Cohn April 7, 2022 Page 4 compensate for 0.14 acre of proposed impacts to Wetland Area `B". This wetland area is not being constructed for mitigation purposes. Heavy machinery will be used to grade approximately 0.147 acre of upland area to match the current grade of Wetland Area `B". A native wetland seed mix will be distributed throughout the constructed wetland following grading activities. During the construction of the wetland, good erosion and sediment control practices will be followed. Extensive silt fencing will be implemented along the current wetland boundary during grading activities, and accumulated sediments will be removed prior to deconstruction of the silt fencing. Based on the updates to the site plan discussed above, proposed permanent impacts to Wetland Area "A" have been reduced by 0.005 acre and proposed permanent impacts to Wetland Area "B" have been reduced by 0.009 acre. Please see the table below for further clarification: Proposed Permanent Wetland Impact Original Site Plan Submitted on 2/25/22 Final Site Plan Wetland Area "A" Corps: 0.303 acre DWR: 0 acre Corps: 0.298 acre DWR: 0 acre Wetland Area "B" Corps: 0.149 acre DWR: 0 acre Corps: 0.140 acre DWR: 0 acre Wetland Area "C" Corps: 0 acre DWR: 0.056 acre Corps: 0.056 acre DWR: 0.056 acre Total Wetland Impact Corps: 0.452 acre DWR: 0.056 acre Corps: 0.494 acre DWR: 0.056 acre The developer is proposing to permanently impact 0.494 acre of on -Site wetlands. Due to the NWP #39 and Corps' Wilmington District mitigation thresholds of 0.1 acre for wetland impacts, mitigation is proposed via the Falling Creek umbrella Mitigation Banking Instrument. Based on the North Carolina Wetland Assessment Method (NC WAM), the wetland quality of Wetland Area "A" is medium, Wetland Area `B" is low, and Wetland Area "C" is low. Based on the hart hickman https://harthick.sharepoint.com/sites/MasterFiles-1/Shared Documents/AAA-Master Projects/CORE Properties, Inc. - CPT/CPT-007 Adcock Project - Fuquay-Varina, NC/Task 002 Wetlands Delineation/Permitting/Update/Cover Letter (3).doc SMARTER ENVIRONMENTAL SOLUTIONS Mr. Lyle Phillips Ms. Colleen Cohn April 7, 2022 Page 5 overall results of the NC WAM, the proposed mitigation ratio for impacts to Wetland Area "A" is 1.5:1 and the proposed mitigation ratio for impacts to Wetland Area "B" and Wetland Area "C" is 1:1. Additional information regarding the impacts proposed above is provided in the attached Avoidance and Minimization document. H&H is seeking a Nationwide Permit #39 verification for this development. Should you have any questions or require additional information, please feel free to contact Dan McCauley at 704-998-1864. Very truly yours, Hart & Hickman, PC dopp Matt Ingalls Sr. Project Manager Attachments cc: Mr. Rich Barta, CORE Properties (via email) Mr. Carlton Burton, Burton Engineering (via email) Dan McCauley, PWS Project Environmental Scientist hart hickman https://harthick.sharepoint.com/sites/MasterFiles-1/Shared Documents/AAA-Master Projects/CORE Properties, Inc. - CPT/CPT-007 Adcock Project - Fuquay-Varina, NC/Task 002 Wetlands Delineation/Permitting/Update/Cover Letter (3).doc SMARTER ENVIRONMENTAL SOLUTIONS Appendix A PCN Form hart hickman SMARTER ENVIRONMENTAL SOLUTIONS Office Use Only: Corps action ID no. DWQ project no. Form Version 1.4 January 2009 Pre -Construction Notification (PCN) Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: ❑ Section 10 Permit X Section 404 Permit 1 b. Specify Nationwide Permit (NWP) number: 39 or General Permit (GP) number: 1 c. Has the NWP or GP number been verified by the Corps? ❑ Yes X No 1 d. Type(s) of approval sought from the DWQ (check — Regular — Express all that apply): Jurisdictional General Permit Buffer Authorization X 401 Water Quality Certification X Non-404 ❑ 401 Water Quality Certification ❑ Riparian 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: For the record only for Corps Permit: ❑ Yes X No ❑ Yes X No 1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. X Yes ❑ No 1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ❑ Yes X No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes X No 2. Project Information 2a. Name of project: Gold Leaf Crossing 2b. County: Wake 2c. Nearest municipality / town: Fuquay-Varina 2d. Subdivision name: N/A 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: ADCOCK FAMILY INTERESTS, LLC / CORE PROPERTIES / SOUTHERN WAKE IDUSTRIAL PARK, LLC 3b. Deed Book and Page No. 017296/01771 017296/01775 017296/01766 017296/01779 017296/01762 017296/01783 017442/01493 017788/00688 3c. Responsible Party (for LLC if applicable): Mr. Jeff Adcock / Mr. Rich Barta / N/A 3d. Street address: 114 E SPRING ST / 831 E MOREHEAD ST STE 445 / 27 ANNETTE DR STE 107 3e. City, state, zip: FUQUAY VARINA, NC 27526 / CHARLOTTE, NC 28202 / BENSON, NC 27504 3f. Telephone no.: N/A 3g. Fax no.: N/A 3h. Email address: jeff@adcocksnursery.com / Rich@coreproperties.com / N/A Page 1 of 10 PCN Form — Version 1.4 January 2009 4. Applicant Information (if different from owner) 4a. Applicant is: ❑ Agent X Other, specify: Proposed Land Developer 4b. Name: Rich Barta 4c. Business name (if applicable): CORE Properties 4d. Street address: 831 E MOREHEAD ST STE 445 4e. City, state, zip: CHARLOTTE NC 28202 4f. Telephone no.: N/A 4g. Fax no.: N/A 4h. Email address: Rich@coreproperties.com 5. Agent/Consultant Information (if applicable) 5a. Name: Dan McCauley 5b. Business name (if applicable): Hart and Hickman, PC 5c. Street address: 3921 Sunset Ridge Road, Suite 301 5d. City, state, zip: Raleigh, NC 27607 5e. Telephone no.: (919) 723-2510 5f. Fax no.: (919) 847-4261 5g. Email address: dmccauley@harthickman.com Page 2 of 10 B. Project Information and Prior Project History 1. Property Identification 1 a. Property identification no. (tax PIN or parcel ID): 0677440133, 0677428326, 0677338829, 0677334673, 0677334211, 0677335111, 0677325674, and 0677316404 1 b. Site coordinates (in decimal degrees): Latitude: 35.59936 Longitude: -78.750163 1 c. Property size: 111.68 acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: Terrible Creek 2b. Water Quality Classification of nearest receiving water: C;NSW (Terrible Creek Classification) 2c. River basin: Neuse 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: The Site consists of all or portions of eight parcels of land located at North Main Street in Fuquay-Varina, Wake County, North Carolina. The Site consists primarily of agricultural fields, vacant home sites, and undeveloped wooded land. Residential use and undeveloped land to the north and east; light industrial use is to the south; and commercial use is to the west. 3b. List the total estimated acreage of all existing wetlands on the property: 7.737 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 0 3d. Explain the purpose of the proposed project: The project proposes to develop a commercial development to serve the Town of Fuquay-Varina and surrounding areas. 3e. Describe the overall project in detail, including the type of equipment to be used: The planned development area will be graded with heavy equipment to prepare a level building pad. Stormwater BMPs are included. 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? X Yes ❑ No ❑ Unknown Comments: Original PJD and AJD verification by Corps on 6/9/21. Updated JD documents attached to this submittal. 4b. If the Corps made the jurisdictional determination, what type of determination was made? X Preliminary Final 4c. If yes, who delineated the jurisdictional areas? Name (if known): Dan McCauley Agency/Consultant Company: Hart & Hickman, PC Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. The Corps conducted a site visit on 4/01/2021, and a PJD and AJD verification email was issued by Lyle Phillips on 6/9/21 (SAW-2021-00367). The DWR conducted a Neuse River buffer determination on 6/17/2021, and a Buffer Determination Letter was issued by Scott Vinson on 6/21/21. 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? Yes X No Unknown 5b. If yes, explain in detail according to "help file" instructions. 6. Future Project Plans 6a. Is this a phased project? ❑ Yes X No 6b. If yes, explain. Page 3 of 10 PCN Form — Version 1.4 January 2009 C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): ❑ Streams — tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction X Wetlands 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. Wetland impact number Permanent (P) or Temporary (T) 2b. Type of impact 2c. Type of wetland 2d. Forested 2e. Type of jurisdiction Corps (404,10) or DWQ (401, other) 2f. Area of impact (acres) W1 P Fill Headwater Wetland Yes Corps 0.298 W2 P Fill Headwater Wetland Yes Corps 0.14 W3 P Fill Headwater Wetland Yes Corps &-DWR 0.056 W4 T Fill Headwater Wetland Yes Corps 0.059 W5 - Choose one Choose one Yes/No - W6 - Choose one Choose one Yes/No - 2g. Total Wetland Impacts: 0.553 2h. Comments: The permanent wetland impacts involve grading and fill required to develop a level building pad and road crossings. Temporary wetland impacts involve grading and construction access required to develop a road crossing. Impact W3 which represent impacts to Wetland Area "C" is regulated by the Corps and DWR. Permanent wetland impacts total 0.494 acre. 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. Stream impact number Permanent (P) or Temporary (T) 3b. Type of impact 3c. Stream name 3d. Perennial (PER) or intermittent (INT)? 3e. Type of jurisdiction 3f. Average stream width (feet) 3g. Impact length (linear feet) S1 - Choose one S2 - Choose one S3 - Choose one - - S4 - Choose one - - S5 - Choose one - - S6 - Choose one - - 3h. Total stream and tributary impacts 3i. Comments: Not Applicable 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 O2 - Choose one Choose 03 - Choose one Choose 04 - Choose one Choose 4f. Total open water impacts 0 4g. Comments: Not Applicable 5. Pond or Lake Construction If pond or 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: Not Applicable 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. 6a. Project is in which protected basin? ❑ Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Randleman ❑ Other: 6b. Buffer Impact number — Permanent (P) or Temporary (T) 6c. Reason for impact 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact (square feet) 6g. Zone 2 impact (square feet) B1 - Yes/No B2 - Yes/No B3 - Yes/No B4 - Yes/No B5 - Yes/No B6 - Yes/No 6h. Total Buffer Impacts: 6i. Comments: Not Applicable Page 5 of 10 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. See Appendix C 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. See Appendix C 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? No X Yes ❑ 2b. If yes, mitigation is required by (check all that apply): ❑ DWQ X Corps 2c. If yes, which mitigation option will be used for this project? fee program Mitigation X Mitigation bank ❑ Payment to in -lieu ❑ Permittee Responsible 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: Falling Creek Umbrella Mitigation Banking Instrument 3b. Credits Purchased (attach receipt and letter) Type: Riparian wetland Type: Choose one Type: Choose one Quantity: 0.643 Quantity: Quantity: 3C. Comments -The applicant proposes a 1.5:1 mitigation ratio for permanent impacts to Wetland Area "A", which total 0.298 acre, a 1:1 mitigation ratio for permanent impacts to Wetland Area "B", which total 0.140 acre, and a 1:1 mitigation ratio for permanent impacts to Wetland Area "C", which total 0.056. Please note the mitigation availability letter lists 0.83 credits, which exceeds what the applicant is proposing. 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. ❑ Yes 4b. Stream mitigation requested: 0 linear feet 4c. If using stream mitigation, stream temperature: Choose one 4d. Buffer mitigation requested (DWQ only): 0 square feet 4e. Riparian wetland mitigation requested: 0 acres 4f. Non -riparian wetland mitigation requested: 0 acres 4g. Coastal (tidal) wetland mitigation requested: 0 acres 4h. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Not applicable. Page 6 of 10 PCN Form — Version 1.4 January 2009 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? Yes X 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 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund). Not applicable. 6h. Comments: Page 7 of 10 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? X Yes ❑ No 1 b. If yes, then is a diffuse flow plan included? If no, explain why. X Yes ❑ No 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 70 2b. Does this project require a Stormwater Management Plan? X Yes ❑ No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: The Project will adhere to an overall stormwater management plan. The various phases will provide stormwater quantity for both runoff and volumes. Additionally water quality treatment will be provided to treat 85% TSS removal rate. All of the measures will be reviewed by the Stormwater Manager for Fuquay-Varina and will also comply with the NC Water Quality Manual. 2e. Who will be responsible for the review of the Stormwater Management Plan? Town of Fuqua-Varina 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? 3b. Which of the following locally -implemented stormwater management programs apply (check all that apply): X Phase II ❑ NSW ❑ USMP ❑ Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been attached? ❑ Yes X 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 X Session Law 2006-246 ❑ Other: 4b. Has the approved Stormwater Management Plan with proof of approval been attached? ❑ Yes X No 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? X Yes ❑ No 5b. Have all of the 401 Unit submittal requirements been met? X Yes ❑ No Page 8 of 10 PCN Form — Version 1.4 January 2009 F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? ❑ Yes X 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 1 c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval letter.) Comments: ❑ 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 X No 2b. Is this an after -the -fact permit application? ❑ Yes X No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality? Yes X 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. The proposed site plan will develop the majority of the parcel and additional development is not anticipated. Additional phases and/or impacts to Waters of the U.S. are not planned or proposed. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. Wastewater will enter Town of Fuquay-Varina sanitary sewer infrastructure and will be piped to an off -site Town of Fuquay-Varina wastewater treatment plant. Page 9 of 10 PCN Form — Version 1.4 January 2009 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or habitat? ❑ Yes X No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts? ❑ No X Yes 5c. If yes, indicate the USFWS Field Office you have contacted. Raleigh 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? DEQ Natural Heritage Program and Fish & Wildlife Service (FWS) on-line databases and on -Site reconnaissance (See information in Appendix D). 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes X No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? http://www.habitat.noaa.gov/protection/efh/efhmapper/ 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? ❑ Yes X No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? The National Registry of Historic Places and NC State Historic Preservation Office databases and on -site reconnaissance (See information in Appendix D). 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? ❑ Yes X No 8b. If yes, explain how project meets FEMA requirements: 8c. What source(s) did you use to make the floodplain determination? Reviewed FEMA Flood Insurance Rate Map ID #3720067700J Dan McCauley Applicant/Agent's Printed Name 04-05-2022 Date Applicant/Agent's Signature (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 10 of 10 Appendix B Site Plan prepared by Burton Engineering hart hickman SMARTER ENVIRONMENTAL SOLUTIONS 1.83 AC. UPGRADE TRAFFIC SIGNAL SECTION 404 WETLAND AREA C PROP. PERMANENT IMPACT FOR NEW CONSTRUCTION ±0.056-AC (2450.202-SF) (SEE SHEET 5 OF 5 FOR ENLARGEMENT O.P. A-4 1.00 AC. O.P. A-3 1.00 AC. WALLACE ADCOCK BLVD 1.95 AC. 1.82 AC. O.P. B-4 O.P. B-3 1.34 AC. 0.91 AC. EX. RAILROAD TRACKS 0.91 AC. 1.16 AC. PROP. OUTLET (PIPED TO PROP. LEVEL SPREADER) OFFICE TRACT 4.69 AC. PROP. DETENTION POND PROP. OUTLET PROP. LEVEL SPREADER PROP. PERMANENT WETLAND IMPACT FOR NEW CONSTRUCTION ±0.140-AC (6116.467-SF) (SEE SHEET 4 OF 5 FOR ENLARGEMENT) PROP. CONSTRUCTED WETLAND AREA ±0.147-AC (6387.781-SF) PROP. OUTLET PROP. LEVEL SPREADER C MIXED USE TRACT 10.08 AC. 1.53 AC. ROAD TRACT 2.17 AC. PROPOSED TRAFFIC SIGNAL PROP. OUTLET PROP. LEVEL SPREADER PROP. TEMPORARY WETLAND IMPACT FOR NEW CONSTRUCTION ±0.059-AC (2555.410-SF) (SEE SHEET 2 OF 5 FOR ENLARGEMENT) PROP. PERMANENT WETLAND IMPACT FOR NEW CONSTRUCTION ±0.298-AC (12962.248-SF) (SEE SHEET 2 OF 5 FOR ENLARGEMENT) 48" RCP CULVERT (SEE DETAIL ON SHEET 3 OF 5) \PROP. RETAINING WALL (TYP) 1.68 AC. O.P. D-2 \ 2.32 AC. CONSTRUCTION SEQUENCE 1. INSTALL SILTFENCE AND UPLAND SURFACE FLOW DIVERSION AS SHOWN. 2. INSTALL CHECK DAM AT DOWNSTREAM EDGE OF IMPACT AREA, DISTURBING ONLY AS NECESSARY TO CONSTRUCT DAM. PLACE FILTER FABRIC UNDER DAM AREA, OVERLAPPING EDGES A MINIMUM OF 12". ONCE FILTER FABRIC IS INSTALLED, PLACE RIPRAP BY HAND UNTIL FILTER FABRIC AREA IS COVERED TO A DEPTH OF AT LEAST 6". 3. ONCE SEDIMENT CONTROLS ARE INSTALLED CONTRACTOR MAY OPEN CUT PER PLAN. 4. RESTORE WETLAND TO PRE -DISTURBED GRADES, REMOVE ANY ACCUMULATED SEDIMENT. 5. ONCE WETLAND IS RESTORED TO PRE -DISTURBED GRADE, STABILIZE WETLAND PER NCDEQ STD. 6.72 (NCDEQ PRACTICE STANDARDS AND SPECIFICATIONS MANUAL). PROP. PERMANENT WETLAND IMPACT - NEW CONST. ± 0.494-AC (21528.916-SF) PROP. TEMPORARY WETLAND IMPACT - NEW CONST. ± 0.059-AC (2555.410-SF) BURTON NCINEERIN 1 5950 FAIRVIEW RD STE 100 CHARLOTTE NC 28210 (T) 704.553.8881 burtonengneering.com GOLD LEAF CROSSING FUQ UAY-VARI N A WETLAND EXHIBIT - OVERALL 3TE 0 150 300 (INFL±I ) 1 inch = 300 ft. DATE 03/31/22 BNOT TO BE DUC® OR COR® NIS WHOLEOR IN PART IT ISNOT TO BEUS. ON " OTHER U�10 BE FROECT NUMBER 020.900.000 SHEET 1 O F 5 P\DWG\020.900.000FUQUAYVARINA\WETLANDSEXHIBITS2022-03-24FV-GOLD LEAFCROSSNG-WETLANDSEXHIBIT.DWG OVERALL STE 4/1/20224:08:57PMHP02.CTB KMOLUF RETAINING WALL SECTION 404 WETLAND AREA A 5.175-AC / PROP. T FOR ± 0.'9 Y WETLA P STRUCTION (1296 2 S)/ 98' OF 48" 10 RCP CULVERT (SEE DETAIL ON SHEET 3 OF 5) POW G\020.900.000FUQUAYVARINA\WETLANDSEXHIBITS2022-03-24FV-GOLDLEAF CROSEING-WETLANDSEXHIBIT.DWG AREA A 4/1/20224:09:00FMHP02.CTB KMOLUF BURTON ENGINEERIN 1 5950 FAIRVIEW RD STE 100 CHARLOTTE NC 28210 (T) 704.553.8881 burtonengneer ing.com 0 30 60 DATE ( IN Fit ) 1 inch = 60 ft. 03/31/22 BNOTTO EE RERODDUC®°R COR® NISWHO.OR IN PART IT ISNOT TO BEUS,D FRO,ECT NUMBS 020.900.000 SHEET2OF5 - TEMPORARY DOWNSTREAM CHECK DAM OUTLET PROTECTION CONSTRUCTION SEQUENCE 1. INSTALLSLTFB\CEAND UPLAND SJRFACEFLOW DIVBISON ASS-IOWN. 2. INSTALL CHECK DAM AT DOWNSTREAM EDGE OFIMPACT AREA, DISTURBING ONLY ASNECEES4RYTO CONSTRUCT DAM. RACE FILTER FABRIC UNDER DAM AREA, OVERLAPPING EDGESA MINIMUM OF 12". ONCE FILTER FABRIC IS IN STALLED, PLACE RIFRAP BY HAND UNTIL FILTER FABRIC AREA IS COVERED TO A DEPTH OF AT LEAST 6". 3. ONCE SEDIMENT CONTROLSARE INSTALLED CONTRACTOR MAY OPEN CUT PBS RAN. 4. RCS`TORE WETLAND TO ME -DISTURBED GRADES REMOVE ANY ACCUMULATED SEDIMENT. 5. ONCEWETLAND ISRE`3TORED TO ME -DISTURBED GRADE, STABILIZE W ETLAN D FER NCDEQ STD. 6.72 (NCDEQ PRACTICE STANDARDSAND SPECIFICATIONS MANUAL). PROP. PERMANENT WETLAND IMPACT - NEW CONST. ± 0.298-AC (12962.248-SF) PROP. TEMPORARY WETLAND IMPACT - NEW CONST. ± 0.059-AC (2555.410-SF) PROPOSED RETAINING WALL ________=_______ ---_----CM_-----_ ---7l=-w,----r^M------ (1w■ %. j .4.4'• -A 380 EXISTING SUBGRADE \\ //\\//\\/\/ \�/�/�//�/// /\ /, i\ i\ i\ i\ i, i\ i\ /\ /\ /i 398 390 NEW CLASS B RIPRAP APRON 15" THICK TYP. CULVERT SECTION N TS 12" EMBEDMENT (USE NATIVE MATERIAL) 374 LIMIT OF TEMPORARY WETLAND DISTURBANCE FLOW 60' PAVED ROADWAY RETAINING WALL (TYP.) OUTLET PROTECTION 98' OF 48" 0 RCP CULVERT (EMBED 1' BELOW EXISTING GRADE) 1 L 1 i CULVERT PLAN 1"=40' RETAINING WALL (TYP.) PROPOSED GRADE i TEMPORARY DOWNSTREAM CHECK DAM W 0 Z 98' PERMANENT WETLAND IMPACT 398 w 8" PVC 98' OF 48" CL IV RCP p@1.16% SANITARY rI 0 o_ 2 w u- 0 J FLOW LINE OF CULVERT (1' EMBEDMENT) L CULVERT PROFILE 1"=4' 390 380 374 ID BURTON ENGINEERIN 1 1 5950 FAIRVIEW RD STE 100 CHARLOTTE NC 28210 (T) 704.553.8881 burtonengneer ing.com GOLD LEAF CROSSING FUQUAY-VARINA J_ Q 0 DATE 03/31/2022 6 oOTTO ORE RERODUIT CED ORI COR® I5 RETUR® UPON REQU�To BE FRO.ECT NUMBS 020.900.000 SHEET 3 O F 5 1"=40' P\DWG\020.900.000 FUQUAYVARINA\WETLANDSEXHIBIT&2022-03-24 FV-GOLD LEAFCROS9NG-WETLANDSEXHIBIT.DWG CULVERT DETAILS 4/1/2022 4:09:03 FM HF02.CTB KMOLUF RETAINING WALL PROP. CONSTRUCTED WETLAND AREA ±0.147-AC (6387.781-SF) \ \ \ rAirdENSEardEflARMIK ��7ommor rammom �'-: 39i PIVOMMIGI PROP. PERMANENT WETLAND IMPACT FOR NEW CONSTRUCTION ±0.140-AC (6116.467-SF) 394 398 400 SECTION 404 WETLAND AREA B 2.506-AC RETAINING WALL P\DWG\020.900.000 FUQUAYVARINA\WETLANDSEXHIBITS2022-03-24 FV-GOLD LEAF CROSSNG-WETLANDSEXHIBIT.DWG AREA B 4/1/2022 4:09:05 FM HP02.CTB KMOLUF BURTON ENGINEERIN 1 1 5950 FAIRVIEW RD STE 100 CHARLOTTE NC 28210 (T) 704.553.8881 burtonengneer ing.com 0 0 tL w J 0 J 0 0 DATE 30 ( IN Fit ) 1 inch = 60 ft. 03/31/22 60 NNOTTORE OUC®OR CORE,NIS WHOLE OR IN PART. IT ISNOT TO REUSED ON ANY OTHER Rd)ET AND ISTO PE IETURI®URJN RR]UE T PRO.ECT NUMBER 020.900.000 SHEET4OF5 CONSTRUCTION SEQUENCE 1. INSTALL SLTFENCEAND UPLAND SJRFACEFLOW DIVERSON ASS -IOW N. 2. INSTALL CHECK DAM AT DOWNSTREAM EDGE OF IMPACT AREA, DISTURBING ONLY AS N ECESS4RY TO CONSTRUCT DAM. FLACE FILTER FABRIC UNDER DAM AREA, OVERLAPPING EDGESA MINIMUM OF 12". ONCE FILTER FABRIC IS IN STALLED, PLACE RIFRAP BY HAND UNTIL FILTER FABRIC AREA IS COVERED TO A DEPTH OF AT LEAST 6". 3. ONCE SEDIMENT CONTROLSARE INSTALLED CONTRACTOR MAY OFEN CUT PER RAN. 4. RESTORE WETLAN D TO ME -DISTURBED GRADES REMOVE ANY ACCUMULATED SEDIMENT. 5. ONCEWETLAND IS RESTORED TO ME -DISTURBED GRADE, STABILIZE W ETLAN D PER NCDEQ STD. 6.72 (NCDEQ PRACTICE STANDARDS AND SPECIFICATIONS MANUAL). PROP. PERMANENT WETLAND IMPACT FOR NEW CONST. ± 0.140-AC (6116.467-SF) TRUCK ENTRANCE 111 I(394 - \ IIII I I II 396 \ 398 / 400 It ! \ — / / / \ 1 / /I / �/ (� 1 I L SECTION 404 WETLAND AREA C PROP. PERMANENT IMPACT FOR NEW CONSTRUCTION ±0.056-AC (2450.202-SF) \ \ ( < / �`, ROW G\020.900.000 FU Q UAY VARI N A\W ETLAN DS EX H I BIT&2022-03-24 FV-GOLD LEAF C RO S3 N G-W ETLAN DS EX H I BIT. D W G AREA C \ 4/1/2022 4:09:07 PM HF02.CTB KMOLUF \ / / PROP. PERMANENT NON-404 ISOLATED WETLAND IMPACT FOR NEW CONSTRUCTION ± 0.056-AC (2450.202-SF) ID BURTON ENGINEERIN 1 1 5950 FAIRVIEW RD STE 100 CHARLOTTE NC 28210 (T) 704.553.8881 burtonengneer ing.com GOLD LEAF CROSSING DATE FUQUAY-VARINA 30 03/31/22 60 6 O.OR IN PART IT ISNOT TO BEUS,D oOTTO EE RERODDUCED OR COR® IS RETN ANY UPoJ®UPOFRON U�10 BE FRO.ECT NUMBER 020.900.000 SHEET 5 0 F 5 Appendix C Avoidance and Minimization hart hickman SMARTER ENVIRONMENTAL SOLUTIONS Appendix C Avoidance and Minimization Proposed Gold Leaf Crossing North Main Street Fuquay-Varina, North Carolina H&H Job No. CPT-007 Avoidance & Minimization The proposed development is located east of North Main Street and north of NC Highway 42 in Fuquay-Varina, Wake County, North Carolina. The Site consists of eight parcels (Wake County Parcel Numbers 0677440133, 0677428326, 0677338829, 0677334673, 0677334211, 0677335111, 0677325674, and 0677316404) that comprise approximately 111.68 acres. H&H reviewed State and Federal Threatened and Endangered Species databases for the Site and conducted a screening survey of the Site and surrounding area in June of 2021 for Federal Threatened and Endangered Species, and none were identified. H&H also reviewed the National Registry of Historic Places (NRHP) for Sites located in Wake County, North Carolina; the North Carolina State Historic Preservation Office (NC SHPO) GIS viewer; and the Site and surrounding area via visual reconnaissance for the potential presence of historic, cultural, and/or archeological sites. No recorded sites were noted on or adjacent to the Site, and no significant structures were observed on -Site. H&H requested comment on the Site from the United States Fish and Wildlife Service (FWS), NC Wildlife Resources Commission (WRC), and NC SHPO in March 2021. Agency responses were included in the original submittal dated February 25, 2022 and indicated no comments on the proposed project. In regard to Site alternatives, the prospective developer has considered and evaluated other potential properties in the area for development of the proposed commercial development. However, properties or property assemblages of this size are difficult to find and purchase along the frontage of major roadways. The proposed buildings and associated infrastructure have been designed to primarily occupy upland areas to avoid on -Site Waters of the US to the maximum extent practicable. 1 https://harthick.sharepoint.com/sites/MasterFiles-1/Shared Documents/AAA-Master Projects/CORE Properties, Inc. - CPT/CPT-007 Adcock Project - Fuquay- Varina, NC/Task 002 Wetlands Delineation/Permitting/Update/C - Avoid and Minimize.docx hart hickman SMARTER ENVIRONMENTAL SOLUTIONS To minimize Site impacts, the proposed Site plan was designed to avoid Waters of the US to the maximum extent practicable. The Site buildings, parking areas, roadways, and stormwater management areas have been designed to primarily occupy upland areas. Furthermore, permanent impacts are proposed to only 6% of on -Site wetlands. Of the 6% of impacted wetlands, approximately 2% will be replaced on -Site by the construction of a wetland area discussed below. A previously designed concept site plan (LP-8) prepared by Wright Architects dated December 18, 2019 indicates that the developer originally proposed a significantly larger area of disturbance, which included additional parking areas, additional buildings, and larger buildings. Furthermore, infrastructure has been shifted and retaining walls have been proposed to further avoid impacts to Waters of the U.S. The concept site plan was included in the original submittal dated February 25, 2022 The road crossing of the railway and Wetland Area "A" (WAA) was designed to limit disturbance by crossing a narrow section of the wetland. The general location of the crossing is required by the NC Division of Transportation (NCDOT), the Town of Fuquay-Varina Fire Department, and the Norfolk Southern Railway. Based on comments received via email by the US Army Corps of Engineers (Corps) on March 25, 2022, the main roadway proposed through the central portion of the Site was further adjusted to minimize impacts. A 48" culvert is proposed under the road crossing to maintain wetland hydrology. The culvert will be embedded to a depth of 12" with native soils to allow aquatic life movement. In addition, retaining walls are proposed upgradient and downgradient of the crossing to further minimize impacts. Following construction, the proposed temporary impacts to WAA will be restored to pre -disturbed grade and stabilized per the North Carolina Department of Environmental Quality (NCDEQ) Practice Standards and Specifications Manual. Impacts to Wetland Area "B" (WAB) are proposed in the lowest quality portion of the wetland, which formed as a result of draining a farm pond. A pond dam formerly existed in the downgradient portion of the proposed impact area. Prior to breaching the dam, there was no surface water connection between the former pond and the wetland. However, hydrology remained strong throughout the entirety of the wetland. Therefore, H&H has concluded that there 2 https://harthick.sharepoint.com/sites/MasterFiles-1/Shared Documents/AAA-Master Projects/CORE Properties, Inc. - CPT/CPT-007 Adcock Project - Fuquay- Varina, NC/Task 002 Wetlands Delineation/Permitting/Update/C - Avoid and Minimize.docx hart hickman SMARTER ENVIRONMENTAL SOLUTIONS is minimal risk of degrading hydrology in the remainder of WAB following the proposed impacts. In addition, a retaining wall is proposed in the downgradient portion of the impact area to further reduce impacts. The upgradient portion of Wetland Area `B" is centrally located on the Site, which makes this area extremely valuable to the developer and costly to avoid without causing impacts to other on -Site wetland areas. In order for the development to be economical for the applicant, a certain building density is required. In addition, a minimum number of parking spaces is required to support the building density. Based on these requirements, the location of the proposed impact along a major road frontage, and need for this building to make the development economical for the applicant, H&H feels that impacts proposed to the upgradient portion of Wetland Area `B" are justified. Wetland Area "C" (WAC) was determined to be jurisdictional by the Corps and North Carolina Department of Environment Quality (DEQ) Division of Water Resources (DWR). Impacts to WAC are proposed for the primary truck entrance. The truck entrance is required due to the round - a -bout and other traffic calming features associated with the main street network that make it extremely difficult and dangerous for trucks. Alternative truck entrance locations were evaluated. However, based on the proposed site plan layout, which minimizes impacts to other on -Site wetlands, the truck entrance is required in this location. In addition, the proposed impacts will not result in cumulative impacts or violations to downstream waters. The applicant understands the importance of avoiding and minimizing impacts to Wetland Area "B" in addition to the other on -Site wetland areas. Therefore, the applicant has proposed the following activities to further avoid and minimize impacts. Proposed parking areas and the proposed size of the commercial building impacting Wetland Area `B" have been reduced. The proposed retaining wall downgradient of Wetland Area `B" has been shifted, and the grading plan has been updated to reduce overall impacts to Wetland Area `B". In addition, the main roadway proposed through the central portion of the Site has been adjusted, which has resulted in a reduction of impacts to Wetland Area "A". Lastly, the applicant proposes the construction of a wetland area adjacent to Wetland Area `B". Information regarding the constructed wetland is discussed further below. 3 https://harthick.sharepoint.com/sites/MasterFiles-1/Shared Documents/AAA-Master Projects/CORE Properties, Inc. - CPT/CPT-007 Adcock Project - Fuquay- Varina, NC/Task 002 Wetlands Delineation/Permitting/Update/C - Avoid and Minimize.docx hart hickman SMARTER ENVIRONMENTAL SOLUTIONS The applicant has proposed the construction of a wetland area located adjacent to and east of Wetland Area `B". The purpose of the constructed wetland is to enhance wetland functionality and compensate for 0.14 acre of proposed impacts to Wetland Area `B". This wetland area is not being constructed for mitigation purposes. Heavy machinery will be used to grade approximately 0.147 acre of upland area to match the current grade of Wetland Area `B". A native wetland seed mix will be distributed throughout the constructed wetland following grading activities. During the construction of the wetland, appropriate erosion and sediment control practices will be followed. Silt fencing will be implemented along the current wetland boundary during grading activities, and accumulated sediments will be removed and deposited in uplands areas away from the wetlands prior to deconstruction of the silt fencing. Three detention ponds are proposed for stormwater control. The detention ponds have been designed to exclusively occupy upland areas. Level spreaders are proposed downgradient of the detention outlet pipes to reduce high velocity stormwater runoff and water pollution before ultimately discharging into the on -Site wetland systems. During Site development, appropriate erosion and sediment control practices will be followed. Silt fencing will be installed along the construction Site perimeter and along wetland boundaries. In addition, a temporary check dam will be implemented downgradient of the proposed culvert to further reduce potential erosion and other indirect impacts to the wetland from construction activities. Mitigation Mitigation is typically required by the USACE Nationwide Permit 39 for impacts greater than 0.1- acre of wetlands and 0.02 acre of stream. Due to the proposed impacts to 0.494 acre of on -Site wetlands, compensatory mitigation is proposed in the form of purchasing wetland mitigation credits from the Falling Creek Umbrella Mitigation Banking Instrument. The mitigation acceptance letter is attached. 4 https://harthick.sharepoint.com/sites/MasterFiles-1/Shared Documents/AAA-Master Projects/CORE Properties, Inc. - CPT/CPT-007 Adcock Project - Fuquay- Varina, NC/Task 002 Wetlands Delineation/Permitting/Update/C - Avoid and Minimize.docx hart hickman SMARTER ENVIRONMENTAL SOLUTIONS North Carolina Wetland Assessment Method (WAM) forms have been conducted for the on -Site wetlands (WAA, WAB, and WAC). The WAM forms are attached. The overall WAM rating for WAA is medium quality, and the overall rating for WAB and WAC is low quality. Because WAA is medium quality, a mitigation ratio of 1.5:1 is proposed. Because WAB and WAC are low quality, a mitigation ratio of 1:1 is proposed. At a 1.5:1 mitigation ratio for WAA and a 1:1 mitigation ratio for WAB and WAC, 0.643 acre of mitigation is proposed for impacts to wetlands via private mitigation bank. 5 https://harthick.sharepoint.com/sites/MasterFiles-1/Shared Documents/AAA-Master Projects/CORE Properties, Inc. - CPT/CPT-007 Adcock Project - Fuquay- Varina, NC/Task 002 Wetlands Delineation/Permitting/Update/C - Avoid and Minimize.docx hart hickman SMARTER ENVIRONMENTAL SOLUTIONS Appendix D Mitigation Acceptance Letter hart hickman SMARTER ENVIRONMENTAL SOLUTIONS WILDLANDS HOLDINGS Wetland Mitigation Statement of Availability February 22, 2022 CORE Properties 831 E. Morehead St., Ste. 445 Charlotte, NC 28202 Attn: Mr. Rich Barta RE: Availability of Riparian Wetland Credits for the "Gold Leaf Crossing" project Bank Name: Falling Creek Umbrella Mitigation Banking Instrument Bank Site: McClenny Acres II Mitigation Site Bank Sponsor: Wildlands Holdings III, LLC USACE Action ID No. SAW-2017-02527 Riparian Wetland Credits Needed: 0.83 acres Riparian Wetland Credits Available: 5.89 acres Neuse 03020201 River Basin Mr. Barta, Wildlands Holdings III, LLC has the above -mentioned riparian wetland credits from the Falling Creek Umbrella Mitigation Banking Instrument: McClenny Acres II Mitigation Site to satisfy the mitigation requirements related to the above -mentioned project. The project is located within the service area (HUC 03020201) of the Bank. Credits may be reserved for a period of 6 months upon the receipt of a non-refundable deposit of 10% of the purchase price. Should credits not be reserved, they will be sold on a first come, first serve basis. Credit prices will be guaranteed for a period of 6 months from the date of this letter and are then subject to change. An invoice for this transaction will be sent upon your request and we will reserve the credits and price for a period of 30 days from invoice. This letter is a Statement of Availability as of the date provided — it is not a reservation of credits nor a guarantee of price. Credits will be sold on a first come, first serve basis. Final transfer of credits will occur upon completion of the Mitigation Responsibility Transfer Form within the completed 404 permit. We appreciate the opportunity to assist you with your mitigation requirements. Please contact me at (704) 332-7754 x124 or ayarsinske@wildlandseng.com if you have any questions or need any additional information. Wildlands Holdings III, LLC • Wildlands Engineering, Inc • 1430 South Mint Street, Suite 104, Charlotte, NC 28203 WILDLANDS HOLDINGS Sincerely, Ashley N. Yarsinske Wildlands Engineering, Inc. Marketing & Credit Sales ayarsinske@wildlandseng.com 0: (704) 332-7754 ext. 124 M: (757) 572-5269 Cc: Mr. Dan McCauley, Project Environmental Scientist I Hart & Hickman, PC Wildlands Holdings III, LLC • Wildlands Engineering, Inc • 1430 South Mint Street, Suite 104, Charlotte, NC 28203 Appendix E NC WAM Forms hart hickman SMARTER ENVIRONMENTAL SOLUTIONS NC WAM WETLAND ASSESSMENT FORM Accompanies User Manual Version 4.1 Rating Calculator Version 4.1 Wetland Site Name Wetland Area "A" Date 6/2021 Wetland Type Level III Ecoregion Headwater Forest • Assessor Name/Organization Dan McCauley - H&H Piedmont • Nearest Named Water Body Terrible Creek River Basing Neuse USGS 8-Digit Catalogue Unit 03020201 rr Yes rrs No Precipitation within 48 hrs? Latitude/Longitude (deci-degrees) 35.599360/-78.750163 Evidence of stressors affecting the assessment area (may not be within the assessment area) Please circle and/or make note on last page if evidence of stressors is apparent. Consider departure from reference, if appropriate, in recent past (for instance, approximately within 10 years). Noteworthy stressors include, but are not limited to the following. • Hydrological modifications (examples: ditches, dams, beaver dams, dikes, berms, ponds, etc.) • Surface and sub -surface discharges into the wetland (examples: discharges containing obvious pollutants, presence of nearby septic tanks, underground storage tanks (USTs), hog lagoons, etc.) • Signs of vegetation stress (examples: vegetation mortality, insect damage, disease, storm damage, salt intrusion, etc.) • Habitat/plant community alteration (examples: mowing, clear -cutting, exotics, etc.) Is the assessment area intensively managed? rr- Yes rC No Regulatory Considerations (select all that apply to the assessment area) ▪ Anadromous fish ▪ Federally protected species or State endangered or threatened species ▪ NCDWQ 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 (i Brownwater ▪ Tidal (if tidal, check one of the following boxes) - Lunar I+ Wind IC - Both Is the assessment area on a coastal island? - Yes 14 No Is the assessment area's surface water storage capacity or duration substantially altered by beaver? Does the assessment area experience overbank flooding during normal rainfall conditions? C Yes C Yes t: No (- No 1. Ground Surface Condition/Vegetation Condition — assessment area condition metric Check a box in each column. Consider alteration to the ground surface (GS) in the assessment area and vegetation structure (VS) in the assessment area. Compare to reference wetland if applicable (see User Manual). If a reference is not applicable, then rate the assessment area based on evidence of an effect. GS VS r( A C A Not severely altered B r(ii B Severely altered over a majority of the assessment area (ground surface alteration examples: vehicle tracks, excessive sedimentation, fire -plow lanes, skidder tracks, bedding, fill, soil compaction, obvious pollutants) (vegetation structure alteration examples: mechanical disturbance, herbicides, salt intrusion [where appropriate], exotic species, grazing, less diversity [if appropriate], hydrologic alteration) 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. Refer to the current NRCS lateral effect of ditching guidance for North Carolina hydric soils (see USAGE Wilmington District website) for the zone of influence of ditches in hydric soils. A ditch <_ 1 foot deep is considered to affect surface water only, while a ditch > 1 foot deep is expected to affect both surface and ditch sub -surface water. Consider tidal flooding regime, if applicable. Surf Sub A Ii - A Water storage capacity and duration are not altered. B r(, B Water storage capacity or duration are altered, but not substantially (typically, not sufficient to change vegetation). C r+ C Water storage capacity or duration are substantially altered (typically, alteration sufficient to result in vegetation change) (examples: draining, flooding, soil compaction, filling, excessive sedimentation, underground utility lines). 3. Water Storage/Surface Relief — assessment area/wetland type condition metric (answer for non -marsh wetlands only) Check a box in each column for each group below. Select the appropriate storage for the assessment area (AA) and the wetland type (WT). AA WT 3a. ( A C A Majority of wetland with depressions able to pond water > 1 foot deep ( B C B Majority of wetland with depressions able to pond water 6 inches to 1 foot deep C C C C Majority of wetland with depressions able to pond water 3 to 6 inches deep D (+ D Depressions able to pond water < 3 inches deep 3b. ( A Evidence that maximum depth of inundation is greater than 2 feet a' B Evidence that maximum depth of inundation is between 1 and 2 feet i� C Evidence that maximum depth of inundation is less than 1 foot 4. Soil Texture/Structure — assessment area condition metric Check a box from each of the three soil property groups below. Dig soil profile in the dominant assessment area landscape feature. Make soil observations within the 12 inches. Use most recent National Technical Committee for Hydric Soils guidance for regional indicators. 4a. 'r A Sandy soil its B Loamy or clayey soils exhibiting redoximorphic features (concentrations, depletions, or rhizospheres) C C Loamy or clayey soils not exhibiting redoximorphic features C D Loamy or clayey gleyed soil C E Histosol or histic epipedon 4b. (i A Soil ribbon < 1 inch C B Soil ribbon >_ 1 inch 4c. (a A No peat or muck presence C 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 (i A (i A Little or no evidence of pollutants or discharges entering the assessment area (' B C B Noticeable evidence of pollutants or discharges entering the wetland and stressing, but not overwhelming the treatment capacity of the assessment area C C 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 Check all that apply (at least one box in each column). Evaluation involves a GIS effort with field adjustment. Consider sources draining to assessment area within entire upstream watershed (WS), within 5 miles and within the watershed draining to the assessment area (5M), and within 2 miles and within the watershed draining to the assessment area (2M). Effective riparian buffers are considered to be 50 feet wide in the Coastal Plain and Piedmont ecoregions and 30 feet wide in the Blue Ridge Mountains ecoregion. WS 5M 2M ▪ A A A >_ 10% impervious surfaces F B F B F B < 10% impervious surfaces F C I C [ C Confined animal operations (or other local, concentrated source of pollutants) ▪ D D V D >_ 20% coverage of pasture ▪ E F E F E >_ 20% coverage of agricultural land (regularly plowed land) ▪ F P F I F >_ 20% coverage of maintained grass/herb F G I G I G >_ 20% coverage of clear-cut land EH EH EH Little or no opportunity to improve water quality. Lack of opportunity may result from hydrologic alterations that prevent drainage or overbank flow from affecting the assessment area. 7. Wetland Acting as Vegetated Buffer — assessment area/wetland complex condition metric 7a. Is assessment area within 50 feet of a tributary or other open water? C Yes a 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 the 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 weltand? Descriptor E should be selected if ditches effectively bypass the buffer. C A >_ 50 feet C B From 30 to < 50 feet CC From 15 to < 30 feet C D From 5 to < 15 feet r 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. r- 15-feet wide f> 15-feet wide f Other open water (no tributary present) 7d. Do roots of assessment area vegetation extend into the bank of the tributary/open water? C Yes r No 7e. Is tributary or other open water sheltered or exposed? r Sheltered — adjacent open water with width < 2500 feet and no regular boat traffic. (' Exposed — adjacent open water with width >_ 2500 feet or regular boat traffic. 8. Wetland Width at the Assessment Area — wetland type/wetland complex metric (evaluate for riparian wetlands only) Check a box in each column. Select the average width for the wetland type at the assessment area (WT) and the wetland complex at the assessment areas (WC). See User Manual for WT and WC boundaries. WT WC C A C A >_ 100 feet B C B From 80 to < 100 feet C C C From 50 to < 80 feet • D (i D From 40 to < 50 feet C E C E From 30 to < 40 feet C F C F From 15 to < 30 feet CG CG From 5 to < 15 feet C H C H < 5 feet 9. Inundation Duration — assessment area condition metric Answer for assessment area dominant landform. (-' A Evidence of short -duration inundation (< 7 consecutive days) B Evidence of saturation, without evidence of inundation C C Evidence of long -duration inundation or very long -duration inundation (7 to 30 consecutive days or more) 10. Indicators of Deposition — assessment area condition metric Consider recent deposition only (no plant growth since deposition). a A Sediment deposition is not excessive, but at approximately natural levels. C B Sediment deposition is excessive, but not overwhelming the wetland. C C Sediment deposition is excessive and is overwhelming the wetland. 11. Wetland Size — wetland type/wetland complex condition metric Check a box in each column. Involves a GIS effort with field adjustment. This metric evaluates three aspects of the wetland area: the size of the wetland type (WT), the size of the wetland complex (WC), and the size of the forested wetland (FW) (if applicable, see User Manual). See the User Manual for boundaries of these evaluation areas. If assessment area is clear-cut, select "K" for the FW column. WT WC FW (if applicable) C A C B C C C D f E C F G C H f I ('J f K C A C B C C C D f E C F G C H C I C J C K C A C B C C C D C E C F G C H f I ('J C K >_ 500 acres From 100 to < 500 acres From 50 to < 100 acres From 25 to < 50 acres From 10 to < 25 acres From 5 to < 10 acres From 1 to < 5 acres From 0.5 to < 1 acre From 0.1 to < 0.5 acre From 0.01 to < 0.1 acre < 0.01 acre or assessment area is clear-cut 12. Wetland Intactness — wetland type condition metric (evaluate for Pocosins only) ( A Pocosin is the full extent (>_ 90%) of its natural landscape size. f B Pocosin is < 90% of the full extent of its natural landscape size. 13. Connectivity to Other Natural Areas — landscape condition metric 13a. Check appropriate box(es) (a box may be checked in each column). Involves a GIS effort with field adjustment. This evaluates whether the wetland is well connected (Well) and/or loosely connected (Loosely) to the landscape patch, the contiguous metric naturally vegetated area and open water (if appropriate). Boundaries are formed by four -lane roads, regularly maintained utility line corridors the width of a four -lane road or wider, urban landscapes, fields (pasture open and agriculture), or water > 300 feet wide. Well Loosely C A C A >_ 500 acres C B C B From 100 to < 500 acres C C fi C From50to<100acres C D C D From 10 to < 50 acres fi E f E <10acres ( F C 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) May involve a GIS effort with field adjustment. Estimate distance from wetland type boundary to artificial edges. Artificial edges include non -forested areas >_ 40 feet wide such as fields, development, roads, regularly maintained utility line corridors and clear -cuts. Consider the eight main points of the compass. C A No artificial edge within 150 feet in all directions fi B No artificial edge within 150 feet in four (4) to seven (7) directions (' C An artificial edge occurs within 150 feet in more than four (4) directions or assessment area is clear-cut 15. Vegetative Composition — assessment area condition metric (skip for all marshes and Pine Flat) C A Vegetation is close to reference condition in species present and their proportions. Lower strata composed of appropriate species, with exotic plants absent or sparse within the assessment area. B Vegetation is different from reference condition in species diversity or proportions, but still largely composed of native species characteristic of the wetland type. This may include communities of weedy native species that develop after clearcutting or clearing. It also includes communities with exotics present, but not dominant, over a large portion of the expected strata. C C Vegetation severely altered from reference in composition. Expected species are unnaturally absent (planted stands of non - characteristic species or at least one stratum inappropriately composed of a single species). Exotic species are dominant in at least one stratum. 16. Vegetative Diversity — assessment area condition metric (evaluate for Non -tidal Freshwater Marsh only) C A Vegetation diversity is high and is composed primarily of native species (<10% cover of exotics). B 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? (i 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. {i A >_ 25% coverage of vegetation C B < 25% coverage of vegetation 17c. Check a box in each column for each stratum. Evaluate this portion of the metric for non -marsh wetlands. Consider structure in airspace above the assessment area (AA) and the wetland type (WT) separately. AA WT C A C A Canopy closed, or nearly closed, with natural gaps associated with natural processes B {i B Canopy present, but opened more than natural gaps C C C C Canopy sparse or absent Shrub Mid -Story Canopy (iA C B ( C (iA C B C C C A B (' C (iA ( B (' C CO C B C C C A ▪ B (' C Dense mid-story/sapling layer Moderate density mid-story/sapling layer Mid-story/sapling layer sparse or absent Dense shrub layer Moderate density shrub layer Shrub layer sparse or absent Dense herb layer Moderate density herb layer Herb layer sparse or absent 18. Snags — wetland type condition metric C A Large snags (more than one) are visible (> 12-inches DBH, B NotA or large relative to species present and landscape stability). 19. Diameter Class Distribution — wetland type condition metric C 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. rf: C Majority of canopy trees are < 6 inches DBH or no trees. 20. Large Woody Debris — wetland type condition metric Include both natural debris and man -placed natural debris. f - A Large logs (more than one) are visible (> 12 inches in diameter, or large relative to species present and landscape stability). i� B Not A 21. Vegetation/Open Water Dispersion — wetland type/open water condition metric (evaluate for Non -Tidal Freshwater Marsh only) Select the figure that best describes the amount of interspersion between vegetation and open water in the growing season. Patterned areas indicate vegetated areas, while solid white areas indicate open water. -A t" B i C (T ( i D 22. Hydrologic Connectivity — assessment area condition metric (evaluate for riparian wetlands 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. (f - A Overbank and overland flow are not severely altered in the assessment area. c- B Overbank flow is severely altered in the assessment area. rf: C Overland flow is severely altered in the assessment area. c- D Both overbank and overland flow are severely altered in the assessment area. Notes Wetland Site Name Wetland Type NC WAM Wetland Rating Sheet Accompanies User Manual Version 4.1 Rating Calculator Version 4.1 Wetland Area "A" Headwater Forest Date 6/2021 Assessor Name/Organization Dan McCauley - H&H 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 NO NO NO NO NO Function Sub -function Hydrology Surface Storage and Retention Sub -Surface Storage and Retention Metrics Condition Condition Rating LOW HIGH Water Quality Pathogen Change Particulate Change Soluble Change Physical Change Pollution Change 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) HIGH HIGH YES HIGH NA NA MEDIUM HIGH YES LOW LOW YES NA NA NA Habitat Physical Structure Landscape Patch Structure Vegetation Composition Condition Condition Condition LOW HIGH MEDIUM Function Rating Summary Function Hydrology Water Quality Habitat Metrics/Notes Condition Condition Condition/Opportunity Opportunity Presence? (Y/N) Conditon Rating MEDIUM HIGH HIGH YES LOW Overall Wetland Rating MEDIUM NC WAM WETLAND ASSESSMENT FORM Accompanies User Manual Version 4.1 Rating Calculator Version 4.1 Wetland Site Name Wetland Area "B" Date 6/2021 Wetland Type Level III Ecoregion Headwater Forest • Assessor Name/Organization Dan McCauley - H&H Piedmont • Nearest Named Water Body Terrible Creek River Basing Neuse USGS 8-Digit Catalogue Unit 03020201 rr Yes rrs No Precipitation within 48 hrs? Latitude/Longitude (deci-degrees) 35.599360/-78.750163 Evidence of stressors affecting the assessment area (may not be within the assessment area) Please circle and/or make note on last page if evidence of stressors is apparent. Consider departure from reference, if appropriate, in recent past (for instance, approximately within 10 years). Noteworthy stressors include, but are not limited to the following. • Hydrological modifications (examples: ditches, dams, beaver dams, dikes, berms, ponds, etc.) • Surface and sub -surface discharges into the wetland (examples: discharges containing obvious pollutants, presence of nearby septic tanks, underground storage tanks (USTs), hog lagoons, etc.) • Signs of vegetation stress (examples: vegetation mortality, insect damage, disease, storm damage, salt intrusion, etc.) • Habitat/plant community alteration (examples: mowing, clear -cutting, exotics, etc.) Is the assessment area intensively managed? rt - Yes rC No Regulatory Considerations (select all that apply to the assessment area) ▪ Anadromous fish ▪ Federally protected species or State endangered or threatened species ▪ NCDWQ 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 (i Brownwater ▪ Tidal (if tidal, check one of the following boxes) - Lunar I+ Wind Ii` - Both Is the assessment area on a coastal island? - Yes 14 No Is the assessment area's surface water storage capacity or duration substantially altered by beaver? Does the assessment area experience overbank flooding during normal rainfall conditions? C Yes C Yes t: No (- No 1. Ground Surface Condition/Vegetation Condition — assessment area condition metric Check a box in each column. Consider alteration to the ground surface (GS) in the assessment area and vegetation structure (VS) in the assessment area. Compare to reference wetland if applicable (see User Manual). If a reference is not applicable, then rate the assessment area based on evidence of an effect. GS VS C A C A Not severely altered B r(ii B Severely altered over a majority of the assessment area (ground surface alteration examples: vehicle tracks, excessive sedimentation, fire -plow lanes, skidder tracks, bedding, fill, soil compaction, obvious pollutants) (vegetation structure alteration examples: mechanical disturbance, herbicides, salt intrusion [where appropriate], exotic species, grazing, less diversity [if appropriate], hydrologic alteration) 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. Refer to the current NRCS lateral effect of ditching guidance for North Carolina hydric soils (see USAGE Wilmington District website) for the zone of influence of ditches in hydric soils. A ditch <_ 1 foot deep is considered to affect surface water only, while a ditch > 1 foot deep is expected to affect both surface and ditch sub -surface water. Consider tidal flooding regime, if applicable. Surf Sub A r A Water storage capacity and duration are not altered. B r+ B Water storage capacity or duration are altered, but not substantially (typically, not sufficient to change vegetation). C C Water storage capacity or duration are substantially altered (typically, alteration sufficient to result in vegetation change) (examples: draining, flooding, soil compaction, filling, excessive sedimentation, underground utility lines). 3. Water Storage/Surface Relief — assessment area/wetland type condition metric (answer for non -marsh wetlands only) Check a box in each column for each group below. Select the appropriate storage for the assessment area (AA) and the wetland type (WT). AA WT 3a. ( A C A Majority of wetland with depressions able to pond water > 1 foot deep ( B C B Majority of wetland with depressions able to pond water 6 inches to 1 foot deep C C C C Majority of wetland with depressions able to pond water 3 to 6 inches deep D (+ D Depressions able to pond water < 3 inches deep 3b. ( A Evidence that maximum depth of inundation is greater than 2 feet a' B Evidence that maximum depth of inundation is between 1 and 2 feet i� C Evidence that maximum depth of inundation is less than 1 foot 4. Soil Texture/Structure — assessment area condition metric Check a box from each of the three soil property groups below. Dig soil profile in the dominant assessment area landscape feature. Make soil observations within the 12 inches. Use most recent National Technical Committee for Hydric Soils guidance for regional indicators. 4a. 'r A Sandy soil its B Loamy or clayey soils exhibiting redoximorphic features (concentrations, depletions, or rhizospheres) C C Loamy or clayey soils not exhibiting redoximorphic features C D Loamy or clayey gleyed soil C E Histosol or histic epipedon 4b. (i A Soil ribbon < 1 inch C B Soil ribbon >_ 1 inch 4c. (a A No peat or muck presence C 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 (i A (i A Little or no evidence of pollutants or discharges entering the assessment area (' B C B Noticeable evidence of pollutants or discharges entering the wetland and stressing, but not overwhelming the treatment capacity of the assessment area C C 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 Check all that apply (at least one box in each column). Evaluation involves a GIS effort with field adjustment. Consider sources draining to assessment area within entire upstream watershed (WS), within 5 miles and within the watershed draining to the assessment area (5M), and within 2 miles and within the watershed draining to the assessment area (2M). Effective riparian buffers are considered to be 50 feet wide in the Coastal Plain and Piedmont ecoregions and 30 feet wide in the Blue Ridge Mountains ecoregion. WS 5M 2M F A F A F A >_ 10% impervious surfaces F B F B F B < 10% impervious surfaces F C I C [ C Confined animal operations (or other local, concentrated source of pollutants) ▪ D D V D >_ 20% coverage of pasture ▪ E F E F E >_ 20% coverage of agricultural land (regularly plowed land) ▪ F P F I F >_ 20% coverage of maintained grass/herb F G I G I G >_ 20% coverage of clear-cut land EH EH EH Little or no opportunity to improve water quality. Lack of opportunity may result from hydrologic alterations that prevent drainage or overbank flow from affecting the assessment area. 7. Wetland Acting as Vegetated Buffer — assessment area/wetland complex condition metric 7a. Is assessment area within 50 feet of a tributary or other open water? C Yes a 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 the 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 weltand? Descriptor E should be selected if ditches effectively bypass the buffer. C A >_ 50 feet C B From 30 to < 50 feet CC From 15 to < 30 feet C D From 5 to < 15 feet r 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. r- 15-feet wide f> 15-feet wide f Other open water (no tributary present) 7d. Do roots of assessment area vegetation extend into the bank of the tributary/open water? C Yes r No 7e. Is tributary or other open water sheltered or exposed? r Sheltered — adjacent open water with width < 2500 feet and no regular boat traffic. (' Exposed — adjacent open water with width >_ 2500 feet or regular boat traffic. 8. Wetland Width at the Assessment Area — wetland type/wetland complex metric (evaluate for riparian wetlands only) Check a box in each column. Select the average width for the wetland type at the assessment area (WT) and the wetland complex at the assessment areas (WC). See User Manual for WT and WC boundaries. WT WC C A C A >_ 100 feet C B C B From 80 to < 100 feet C C C C From 50 to < 80 feet C D C D From40to<50feet i E (i E From 30 to < 40 feet F C F From 15 to < 30 feet CG CG From 5 to < 15 feet C H C H < 5 feet 9. Inundation Duration — assessment area condition metric Answer for assessment area dominant landform. (-' A Evidence of short -duration inundation (< 7 consecutive days) B Evidence of saturation, without evidence of inundation C C Evidence of long -duration inundation or very long -duration inundation (7 to 30 consecutive days or more) 10. Indicators of Deposition — assessment area condition metric Consider recent deposition only (no plant growth since deposition). C A Sediment deposition is not excessive, but at approximately natural levels. B Sediment deposition is excessive, but not overwhelming the wetland. C C Sediment deposition is excessive and is overwhelming the wetland. 11. Wetland Size — wetland type/wetland complex condition metric Check a box in each column. Involves a GIS effort with field adjustment. This metric evaluates three aspects of the wetland area: the size of the wetland type (WT), the size of the wetland complex (WC), and the size of the forested wetland (FW) (if applicable, see User Manual). See the User Manual for boundaries of these evaluation areas. If assessment area is clear-cut, select "K" for the FW column. WT WC FW (if applicable) C A C B C C C D f E C F C G C H {iI C J C K C A C B C C C D f E C F C G C H {iI C J C K C A C B C C C D C E C F C G C H {iI C J C K >_ 500 acres From 100 to < 500 acres From 50 to < 100 acres From 25 to < 50 acres From 10 to < 25 acres From 5 to < 10 acres From 1 to < 5 acres From 0.5 to < 1 acre From 0.1 to < 0.5 acre From 0.01 to < 0.1 acre < 0.01 acre or assessment area is clear-cut 12. Wetland Intactness — wetland type condition metric (evaluate for Pocosins only) ( A Pocosin is the full extent (>_ 90%) of its natural landscape size. f B Pocosin is < 90% of the full extent of its natural landscape size. 13. Connectivity to Other Natural Areas — landscape condition metric 13a. Check appropriate box(es) (a box may be checked in each column). Involves a GIS effort with field adjustment. This evaluates whether the wetland is well connected (Well) and/or loosely connected (Loosely) to the landscape patch, the contiguous metric naturally vegetated area and open water (if appropriate). Boundaries are formed by four -lane roads, regularly maintained utility line corridors the width of a four -lane road or wider, urban landscapes, fields (pasture open and agriculture), or water > 300 feet wide. Well Loosely C A C A >_ 500 acres C B C B From 100 to < 500 acres C C fi C From50to<100acres C D C D From 10 to < 50 acres fi E f E <10acres ( F C 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) May involve a GIS effort with field adjustment. Estimate distance from wetland type boundary to artificial edges. Artificial edges include non -forested areas >_ 40 feet wide such as fields, development, roads, regularly maintained utility line corridors and clear -cuts. Consider the eight main points of the compass. C A No artificial edge within 150 feet in all directions fi B No artificial edge within 150 feet in four (4) to seven (7) directions (' C An artificial edge occurs within 150 feet in more than four (4) directions or assessment area is clear-cut 15. Vegetative Composition — assessment area condition metric (skip for all marshes and Pine Flat) C A Vegetation is close to reference condition in species present and their proportions. Lower strata composed of appropriate species, with exotic plants absent or sparse within the assessment area. B Vegetation is different from reference condition in species diversity or proportions, but still largely composed of native species characteristic of the wetland type. This may include communities of weedy native species that develop after clearcutting or clearing. It also includes communities with exotics present, but not dominant, over a large portion of the expected strata. C C Vegetation severely altered from reference in composition. Expected species are unnaturally absent (planted stands of non - characteristic species or at least one stratum inappropriately composed of a single species). Exotic species are dominant in at least one stratum. 16. Vegetative Diversity — assessment area condition metric (evaluate for Non -tidal Freshwater Marsh only) C A Vegetation diversity is high and is composed primarily of native species (<10% cover of exotics). B 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? (i 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. {i A >_ 25% coverage of vegetation C B < 25% coverage of vegetation 17c. Check a box in each column for each stratum. Evaluate this portion of the metric for non -marsh wetlands. Consider structure in airspace above the assessment area (AA) and the wetland type (WT) separately. AA WT C A C A Canopy closed, or nearly closed, with natural gaps associated with natural processes B {i B Canopy present, but opened more than natural gaps C C C C Canopy sparse or absent Shrub Mid -Story Canopy C A C B a C ('A C B C C A B (' C C A f B (i C C A C B C C A B (' C Dense mid-story/sapling layer Moderate density mid-story/sapling layer Mid-story/sapling layer sparse or absent Dense shrub layer Moderate density shrub layer Shrub layer sparse or absent Dense herb layer Moderate density herb layer Herb layer sparse or absent 18. Snags — wetland type condition metric C A Large snags (more than one) are visible (> 12-inches DBH, (i B NotA or large relative to species present and landscape stability). 19. Diameter Class Distribution — wetland type condition metric C 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. ICS C Majority of canopy trees are < 6 inches DBH or no trees. 20. Large Woody Debris — wetland type condition metric Include both natural debris and man -placed natural debris. f - A Large logs (more than one) are visible (> 12 inches in diameter, or large relative to species present and landscape stability). i� B Not A 21. Vegetation/Open Water Dispersion — wetland type/open water condition metric (evaluate for Non -Tidal Freshwater Marsh only) Select the figure that best describes the amount of interspersion between vegetation and open water in the growing season. Patterned areas indicate vegetated areas, while solid white areas indicate open water. -A t" B i C (T ( i D 22. Hydrologic Connectivity — assessment area condition metric (evaluate for riparian wetlands 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. (f - A Overbank and overland flow are not severely altered in the assessment area. is B Overbank flow is severely altered in the assessment area. C C Overland flow is severely altered in the assessment area. c- D Both overbank and overland flow are severely altered in the assessment area. Notes Wetland Site Name Wetland Type NC WAM Wetland Rating Sheet Accompanies User Manual Version 4.1 Rating Calculator Version 4.1 Wetland Area "B" Headwater Forest Date 6/2021 Assessor Name/Organization Dan McCauley - H&H 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 NO NO NO NO NO Function Sub -function Hydrology Surface Storage and Retention Sub -Surface Storage and Retention Metrics Condition Condition Rating LOW LOW Water Quality Pathogen Change Particulate Change Soluble Change Physical Change Pollution Change 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) HIGH HIGH YES MEDIUM NA NA MEDIUM HIGH YES LOW LOW YES NA NA NA Habitat Physical Structure Landscape Patch Structure Vegetation Composition Condition Condition Condition LOW LOW MEDIUM Function Rating Summary Function Hydrology Water Quality Habitat Metrics/Notes Condition Condition Condition/Opportunity Opportunity Presence? (Y/N) Conditon Rating LOW MEDIUM MEDIUM YES LOW Overall Wetland Rating LOW NC WAM WETLAND ASSESSMENT FORM Accompanies User Manual Version 4.1 Rating Calculator Version 4.1 Wetland Site Name Wetland Area "C" Date 6/2021 Wetland Type Level III Ecoregion Headwater Forest • Assessor Name/Organization Dan McCauley - H&H Piedmont • Nearest Named Water Body Terrible Creek River Basing Neuse USGS 8-Digit Catalogue Unit 03020201 rr Yes rrs No Precipitation within 48 hrs? Latitude/Longitude (deci-degrees) 35.601840, -78.750854 Evidence of stressors affecting the assessment area (may not be within the assessment area) Please circle and/or make note on last page if evidence of stressors is apparent. Consider departure from reference, if appropriate, in recent past (for instance, approximately within 10 years). Noteworthy stressors include, but are not limited to the following. • Hydrological modifications (examples: ditches, dams, beaver dams, dikes, berms, ponds, etc.) • Surface and sub -surface discharges into the wetland (examples: discharges containing obvious pollutants, presence of nearby septic tanks, underground storage tanks (USTs), hog lagoons, etc.) • Signs of vegetation stress (examples: vegetation mortality, insect damage, disease, storm damage, salt intrusion, etc.) • Habitat/plant community alteration (examples: mowing, clear -cutting, exotics, etc.) Is the assessment area intensively managed? rt - Yes rC No Regulatory Considerations (select all that apply to the assessment area) ▪ Anadromous fish ▪ Federally protected species or State endangered or threatened species ▪ NCDWQ 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 (i Brownwater ▪ Tidal (if tidal, check one of the following boxes) - Lunar I+ Wind IC - Both Is the assessment area on a coastal island? - Yes 14 No Is the assessment area's surface water storage capacity or duration substantially altered by beaver? Does the assessment area experience overbank flooding during normal rainfall conditions? C Yes C Yes t: No (- No 1. Ground Surface Condition/Vegetation Condition — assessment area condition metric Check a box in each column. Consider alteration to the ground surface (GS) in the assessment area and vegetation structure (VS) in the assessment area. Compare to reference wetland if applicable (see User Manual). If a reference is not applicable, then rate the assessment area based on evidence of an effect. GS VS r( A C A Not severely altered B r(ii B Severely altered over a majority of the assessment area (ground surface alteration examples: vehicle tracks, excessive sedimentation, fire -plow lanes, skidder tracks, bedding, fill, soil compaction, obvious pollutants) (vegetation structure alteration examples: mechanical disturbance, herbicides, salt intrusion [where appropriate], exotic species, grazing, less diversity [if appropriate], hydrologic alteration) 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. Refer to the current NRCS lateral effect of ditching guidance for North Carolina hydric soils (see USAGE Wilmington District website) for the zone of influence of ditches in hydric soils. A ditch <_ 1 foot deep is considered to affect surface water only, while a ditch > 1 foot deep is expected to affect both surface and ditch sub -surface water. Consider tidal flooding regime, if applicable. Surf Sub A r A Water storage capacity and duration are not altered. B r+ B Water storage capacity or duration are altered, but not substantially (typically, not sufficient to change vegetation). C C Water storage capacity or duration are substantially altered (typically, alteration sufficient to result in vegetation change) (examples: draining, flooding, soil compaction, filling, excessive sedimentation, underground utility lines). 3. Water Storage/Surface Relief — assessment area/wetland type condition metric (answer for non -marsh wetlands only) Check a box in each column for each group below. Select the appropriate storage for the assessment area (AA) and the wetland type (WT). AA WT 3a. ( A C A Majority of wetland with depressions able to pond water > 1 foot deep ( B C B Majority of wetland with depressions able to pond water 6 inches to 1 foot deep C C C C Majority of wetland with depressions able to pond water 3 to 6 inches deep D (+ D Depressions able to pond water < 3 inches deep 3b. ( A Evidence that maximum depth of inundation is greater than 2 feet a' B Evidence that maximum depth of inundation is between 1 and 2 feet i� C Evidence that maximum depth of inundation is less than 1 foot 4. Soil Texture/Structure — assessment area condition metric Check a box from each of the three soil property groups below. Dig soil profile in the dominant assessment area landscape feature. Make soil observations within the 12 inches. Use most recent National Technical Committee for Hydric Soils guidance for regional indicators. 4a. 'r A Sandy soil its B Loamy or clayey soils exhibiting redoximorphic features (concentrations, depletions, or rhizospheres) C C Loamy or clayey soils not exhibiting redoximorphic features C D Loamy or clayey gleyed soil C E Histosol or histic epipedon 4b. (i A Soil ribbon < 1 inch C B Soil ribbon >_ 1 inch 4c. (a A No peat or muck presence C 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 (i A (i A Little or no evidence of pollutants or discharges entering the assessment area (' B C B Noticeable evidence of pollutants or discharges entering the wetland and stressing, but not overwhelming the treatment capacity of the assessment area C C 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 Check all that apply (at least one box in each column). Evaluation involves a GIS effort with field adjustment. Consider sources draining to assessment area within entire upstream watershed (WS), within 5 miles and within the watershed draining to the assessment area (5M), and within 2 miles and within the watershed draining to the assessment area (2M). Effective riparian buffers are considered to be 50 feet wide in the Coastal Plain and Piedmont ecoregions and 30 feet wide in the Blue Ridge Mountains ecoregion. WS 5M 2M F A F A F A >_ 10% impervious surfaces F B F B F B < 10% impervious surfaces F C I C [ C Confined animal operations (or other local, concentrated source of pollutants) ▪ D D V D >_ 20% coverage of pasture ▪ E F E F E >_ 20% coverage of agricultural land (regularly plowed land) ▪ F P F I F >_ 20% coverage of maintained grass/herb F G I G I G >_ 20% coverage of clear-cut land EH EH EH Little or no opportunity to improve water quality. Lack of opportunity may result from hydrologic alterations that prevent drainage or overbank flow from affecting the assessment area. 7. Wetland Acting as Vegetated Buffer — assessment area/wetland complex condition metric 7a. Is assessment area within 50 feet of a tributary or other open water? C Yes a 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 the 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 weltand? Descriptor E should be selected if ditches effectively bypass the buffer. C A >_ 50 feet C B From 30 to < 50 feet CC From 15 to < 30 feet C D From 5 to < 15 feet r 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. r- 15-feet wide f> 15-feet wide f Other open water (no tributary present) 7d. Do roots of assessment area vegetation extend into the bank of the tributary/open water? C Yes r No 7e. Is tributary or other open water sheltered or exposed? r Sheltered — adjacent open water with width < 2500 feet and no regular boat traffic. (' Exposed — adjacent open water with width >_ 2500 feet or regular boat traffic. 8. Wetland Width at the Assessment Area — wetland type/wetland complex metric (evaluate for riparian wetlands only) Check a box in each column. Select the average width for the wetland type at the assessment area (WT) and the wetland complex at the assessment areas (WC). See User Manual for WT and WC boundaries. WT WC C A C A >_ 100 feet C B C B From 80 to < 100 feet C C C C From 50 to < 80 feet C D C D From40to<50feet __ E (' E From 30 to < 40 feet F (i F From 15 to < 30 feet CG CG From 5 to < 15 feet C H C H < 5 feet 9. Inundation Duration — assessment area condition metric Answer for assessment area dominant landform. (-' A Evidence of short -duration inundation (< 7 consecutive days) B Evidence of saturation, without evidence of inundation C C Evidence of long -duration inundation or very long -duration inundation (7 to 30 consecutive days or more) 10. Indicators of Deposition — assessment area condition metric Consider recent deposition only (no plant growth since deposition). a A Sediment deposition is not excessive, but at approximately natural levels. C B Sediment deposition is excessive, but not overwhelming the wetland. C C Sediment deposition is excessive and is overwhelming the wetland. 11. Wetland Size — wetland type/wetland complex condition metric Check a box in each column. Involves a GIS effort with field adjustment. This metric evaluates three aspects of the wetland area: the size of the wetland type (WT), the size of the wetland complex (WC), and the size of the forested wetland (FW) (if applicable, see User Manual). See the User Manual for boundaries of these evaluation areas. If assessment area is clear-cut, select "K" for the FW column. WT WC FW (if applicable) C A C B C C C D f E C F C G C H f I {iJ f K C A C B C C C D f E C F C G C H C I {iJ C K C A C B C C C D C E C F C G C H C I (iJ C K >_ 500 acres From 100 to < 500 acres From 50 to < 100 acres From 25 to < 50 acres From 10 to < 25 acres From 5 to < 10 acres From 1 to < 5 acres From 0.5 to < 1 acre From 0.1 to < 0.5 acre From 0.01 to < 0.1 acre < 0.01 acre or assessment area is clear-cut 12. Wetland Intactness — wetland type condition metric (evaluate for Pocosins only) ( A Pocosin is the full extent (>_ 90%) of its natural landscape size. f B Pocosin is < 90% of the full extent of its natural landscape size. 13. Connectivity to Other Natural Areas — landscape condition metric 13a. Check appropriate box(es) (a box may be checked in each column). Involves a GIS effort with field adjustment. This evaluates whether the wetland is well connected (Well) and/or loosely connected (Loosely) to the landscape patch, the contiguous metric naturally vegetated area and open water (if appropriate). Boundaries are formed by four -lane roads, regularly maintained utility line corridors the width of a four -lane road or wider, urban landscapes, fields (pasture open and agriculture), or water > 300 feet wide. Well Loosely C A C A >_ 500 acres C B C B From 100 to < 500 acres C C fi C From50to<100acres C D C D From 10 to < 50 acres fi E f E <10acres ( F C 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) May involve a GIS effort with field adjustment. Estimate distance from wetland type boundary to artificial edges. Artificial edges include non -forested areas >_ 40 feet wide such as fields, development, roads, regularly maintained utility line corridors and clear -cuts. Consider the eight main points of the compass. C A No artificial edge within 150 feet in all directions fi B No artificial edge within 150 feet in four (4) to seven (7) directions (' C An artificial edge occurs within 150 feet in more than four (4) directions or assessment area is clear-cut 15. Vegetative Composition — assessment area condition metric (skip for all marshes and Pine Flat) C A Vegetation is close to reference condition in species present and their proportions. Lower strata composed of appropriate species, with exotic plants absent or sparse within the assessment area. B Vegetation is different from reference condition in species diversity or proportions, but still largely composed of native species characteristic of the wetland type. This may include communities of weedy native species that develop after clearcutting or clearing. It also includes communities with exotics present, but not dominant, over a large portion of the expected strata. C C Vegetation severely altered from reference in composition. Expected species are unnaturally absent (planted stands of non - characteristic species or at least one stratum inappropriately composed of a single species). Exotic species are dominant in at least one stratum. 16. Vegetative Diversity — assessment area condition metric (evaluate for Non -tidal Freshwater Marsh only) C A Vegetation diversity is high and is composed primarily of native species (<10% cover of exotics). B 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? (i 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. {i A >_ 25% coverage of vegetation C B < 25% coverage of vegetation 17c. Check a box in each column for each stratum. Evaluate this portion of the metric for non -marsh wetlands. Consider structure in airspace above the assessment area (AA) and the wetland type (WT) separately. AA WT C A C A Canopy closed, or nearly closed, with natural gaps associated with natural processes C B C B Canopy present, but opened more than natural gaps C fi C Canopy sparse or absent Shrub Mid -Story Canopy C A C B a C ('A C B C C A B (' C C A f B (i C C A C B C C A B (' C Dense mid-story/sapling layer Moderate density mid-story/sapling layer Mid-story/sapling layer sparse or absent Dense shrub layer Moderate density shrub layer Shrub layer sparse or absent Dense herb layer Moderate density herb layer Herb layer sparse or absent 18. Snags — wetland type condition metric C A Large snags (more than one) are visible (> 12-inches DBH, (i B NotA or large relative to species present and landscape stability). 19. Diameter Class Distribution — wetland type condition metric C 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. ICS C Majority of canopy trees are < 6 inches DBH or no trees. 20. Large Woody Debris — wetland type condition metric Include both natural debris and man -placed natural debris. f - A Large logs (more than one) are visible (> 12 inches in diameter, or large relative to species present and landscape stability). i� B Not A 21. Vegetation/Open Water Dispersion — wetland type/open water condition metric (evaluate for Non -Tidal Freshwater Marsh only) Select the figure that best describes the amount of interspersion between vegetation and open water in the growing season. Patterned areas indicate vegetated areas, while solid white areas indicate open water. -A t" B i C (T ( i D 22. Hydrologic Connectivity — assessment area condition metric (evaluate for riparian wetlands 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. (f - A Overbank and overland flow are not severely altered in the assessment area. is B Overbank flow is severely altered in the assessment area. C C Overland flow is severely altered in the assessment area. c- D Both overbank and overland flow are severely altered in the assessment area. Notes Wetland Site Name Wetland Type NC WAM Wetland Rating Sheet Accompanies User Manual Version 4.1 Rating Calculator Version 4.1 Wetland Area "C" Headwater Forest Date 6/2021 Assessor Name/Organization Dan McCauley - H&H 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 NO NO NO NO NO Function Sub -function Hydrology Surface Storage and Retention Sub -Surface Storage and Retention Metrics Condition Condition Rating LOW LOW Water Quality Pathogen Change Particulate Change Soluble Change Physical Change Pollution Change 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) HIGH HIGH YES LOW NA NA MEDIUM HIGH YES LOW LOW YES NA NA NA Habitat Physical Structure Landscape Patch Structure Vegetation Composition Condition Condition Condition LOW LOW MEDIUM Function Rating Summary Function Hydrology Water Quality Habitat Metrics/Notes Condition Condition Condition/Opportunity Opportunity Presence? (Y/N) Conditon Rating LOW LOW LOW YES LOW Overall Wetland Rating LOW Appendix F Updated Preliminary Wetland Delineation Map hart hickman SMARTER ENVIRONMENTAL SOLUTIONS S:\AAA-Master Projects\CORE Properties, Inc. - CPT\CPT-005 White Oak Ridge TAP f NON -JURISDICTIONAL POND CONSTRUCTED IN UPLANDS (POND'S") DP-1 POTENTIAL WETLAND WATERS OF THE U.S. (WAC) NON -JURISDICTIONAL POND CONSTRUCTED IN UPLANDS (POND "A") POTENTIAL WETLAND WATERS OF THE U.S. (WAB) POTENTIAL WETLAND WATERS OF THE U.S. (WAA) LEGEND /N/ SITE PROPERTY BOUNDARY APPROVED JURISDICTIONAL DETERMINATION AREA DATA POINT ® H&H IDENTIFIED POTENTIALLY JURISDICTIONAL WETLAND NON -JURISDICTIONAL POND POTENTIAL JURISDICTIONAL WETLAND AREAS WETLAND AREA ID APPROXIMATE AREA (ACRES) WETLAND AREA "A" (WAA) 5.175 WETLAND AREA "B" (WAB) 2.506 WETLAND AREA "C" (WAC) 0.056 WETLAND TOTAL 7.737 EXCLUDED WATERS FEATURE ID APPROXIMATE AREA/LENGTH NON -JD POND (POND "A") 0.10 ACRE NON -JD POND (POND "B") 0.38 ACRE 1. DELINEATION COMPLETED BY H&H ON 6/25/20 2. SIZE AND LOCATION OF SITE FEATURES ARE APPROXIMATE AND WERE OBTAINED USING A TRIMBLE GPS UNIT TITLE PROJECT APPROXIMATE 0 600 1,200 SCALE IN FEET PRELIMINARY WETLAND DELINEATION MAP ADCOCK PROPERTY N. MAIN STREET FUQUAY-VARINA, NORTH CAROLINA 2923 South Tryon Street, Ste. 100 hart '` hickman Charlotte, North Carolina 28203 704-586-0007 (p) 704-586-0373 (f) SMARTER ENVIRONMENTAL SOLUTIONS License # C-1269 / #C-245 Geology DATE: 4/1/22 JOB NO. CPT-007 REVISION NO. 0 FIGURE NO. 2 Appendix G Rapanos Form Id hart hickman iw SMARTER ENVIRONMENTAL SOLUTIONS APPROVED JURISDICTIONAL DETERMINATION FORM U.S. Army Corps of Engineers This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook. SECTION I: BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD): B. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington, to be determined C. PROJECT LOCATION AND BACKGROUND INFORMATION: State: NC County/parish/borough: Wake City: Fuquay-Varina Center coordinates of site (lat/long in degree decimal format): Lat. 35.598845° I, Long. -78.749807° M. Universal Transverse Mercator: Name of nearest waterbody• Unnamed Tributary to Terrible Creek Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: Neuse Name of watershed or Hydrologic Unit Code (HUC): 03020201 Check if map/diagram of review area and/or potential jurisdictional areas is/are available upon request. ❑ Check if other sites (e.g., offsite mitigation sites, disposal sites, etc...) are associated with this action and are recorded on a different JD form. D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑ Office (Desk) Determination. Date: ❑ Field Determination. Date(s): SECTION II: SUMMARY OF FINDINGS A. RHA SECTION 10 DETERMINATION OF JURISDICTION. There Are no "navigable waters of the U.S." within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the review area. [Required] ❑ Waters subject to the ebb and flow of the tide. ❑ Waters are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce. Explain: B. CWA SECTION 404 DETERMINATION OF JURISDICTION. There Are no "waters of the U.S." within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. [Required] 1. Waters of the U.S. a. Indicate presence of waters of U.S. in review area (check all that apply): ' ❑ TNWs, including territorial seas ❑ Wetlands adjacent to TNWs ❑ Relatively permanent waters2 (RPWs) that flow directly or indirectly into TNWs ❑ Non-RPWs that flow directly or indirectly into TNWs ❑ Wetlands directly abutting RPWs that flow directly or indirectly into TNWs ❑ Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs ❑ Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs ❑ Impoundments of jurisdictional waters ❑ Isolated (interstate or intrastate) waters, including isolated wetlands b. Identify (estimate) size of waters of the U.S. in the review area: Non -wetland waters: linear feet: width (ft) and/or acres. Wetlands: 0 acres. c. Limits (boundaries) of jurisdiction based on: Pick List Elevation of established OHWM (if known): 2. Non -regulated waters/wetlands (check if applicable):3 ® Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional. Explain: Two isolated ponds within the review area. These features are believed to be non -jurisdictional. See supporting documentation attached. Boxes checked below shall be supported by completing the appropriate sections in Section III below. 2 For purposes of this form, an RPW is defined as a tributary that is not a TNW and that typically flows year-round or has continuous flow at least "seasonally" (e.g., typically 3 months). 3 Supporting documentation is presented in Section IILF. SECTION III: CWA ANALYSIS A. TNWs AND WETLANDS ADJACENT TO TNWs The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. If the aquatic resource is a TNW, complete Section III.A.1 and Section III.D.1. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections HI.A.1 and 2 and Section III.D.1.; otherwise, see Section III.B below. 1. TNW Identify TNW: Summarize rationale supporting determination: 2. Wetland adjacent to TNW Summarize rationale supporting conclusion that wetland is "adjacent": B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY): This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps determine whether or not the standards for jurisdiction established under Rapanos have been met. The agencies will assert jurisdiction over non -navigable tributaries of TNWs where the tributaries are "relatively permanent waters" (RPWs), i.e. tributaries that typically flow year-round or have continuous flow at least seasonally (e.g., typically 3 months). A wetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNW, but has year-round (perennial) flow, skip to Section III.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow, skip to Section III.D.4. A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts and EPA regions will include in the record any available information that documents the existence of a significant nexus between a relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable water, even though a significant nexus finding is not required as a matter of law. If the waterbody4 is not an RPW, or a wetland directly abutting an RPW, a JD will require additional data to determine if the waterbody has a significant nexus with a TNW. If the tributary has adjacent wetlands, the significant nexus evaluation must consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for analytical purposes, the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is the tributary, or its adjacent wetlands, or both. If the JD covers a tributary with adjacent wetlands, complete Section III.B.1 for the tributary, Section III.B.2 for any onsite wetlands, and Section III.B.3 for all wetlands adjacent to that tributary, both onsite and offsite. The determination whether a significant nexus exists is determined in Section III.0 below. 1. Characteristics of non-TNWs that flow directly or indirectly into TNW (i) General Area Conditions: Watershed size: Pick List Drainage area: Pick List Average annual rainfall: inches Average annual snowfall: inches (ii) Physical Characteristics: (a) Relationship with TNW: ❑ Tributary flows directly into TNW. ❑ Tributary flows through Pick List tributaries before entering TNW. Project waters are Pick List river miles from TNW. Project waters are Pick List river miles from RPW. Project waters are Pick List aerial (straight) miles from TNW. Project waters are Pick List aerial (straight) miles from RPW. Project waters cross or serve as state boundaries. Explain: Identify flow route to TNW5: . ° Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the arid West. 5 Flow route can be described by identifying, e.g., tributary a, which flows through the review area, to flow into tributary b, which then flows into TNW. Tributary stream order, if known: (b) General Tributary Characteristics (check all that apply): Tributary is: ❑ Natural ❑ Artificial (man-made). Explain: ❑ Manipulated (man -altered). Explain: (c) Tributary properties with respect to top of bank (estimate): Average width: feet Average depth: feet Average side slopes: Pick List. Primary tributary substrate composition (check all that apply): ❑ Silts ❑ Sands ❑ Cobbles ❑ Gravel ❑ Bedrock ❑ Vegetation. Type/% cover: ❑ Other. Explain: ❑ Concrete ❑ Muck Tributary condition/stability [e.g., highly eroding, sloughing banks]. Explain: Presence of run/riffle/pool complexes. Explain: Tributary geometry: Pick List Tributary gradient (approximate average slope): Flow: Tributary provides for: Pick List Estimate average number of flow events in review area/year: Mil Describe flow regime: Other information on duration and volume: Surface flow is: Pick List. Characteristics: Subsurface flow: Pick List. Explain findings: ❑ Dye (or other) test performed: Tributary has (check all that apply): ❑ Bed and banks ❑ OHWM6 (check all indicators that apply): ❑ clear, natural line impressed on the bank ❑ changes in the character of soil ❑ shelving ❑ vegetation matted down, bent, or absent ❑ leaf litter disturbed or washed away ❑ sediment deposition ❑ water staining ❑ other (list): ❑ Discontinuous OHWM.7 Explain: ❑❑❑❑❑❑❑ the presence of litter and debris destruction of terrestrial vegetation the presence of wrack line sediment sorting scour multiple observed or predicted flow events abrupt change in plant community If factors other than the OHWM were used to determine lateral extent of CWA jurisdiction (check all that apply): ❑ High Tide Line indicated by: ❑ Mean High Water Mark indicated by: ❑ oil or scum line along shore objects ❑ survey to available datum; ❑ fine shell or debris deposits (foreshore) ❑ physical markings; ❑ physical markings/characteristics ❑ vegetation lines/changes in vegetation types. ❑ tidal gauges ❑ other (list): (iii) Chemical Characteristics: Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.). Explain: Identify specific pollutants, if known: 6A natural or man-made discontinuity in the OHWM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where the OHWM has been removed by development or agricultural practices). Where there is a break in the OHWM that is unrelated to the waterbody's flow regime (e.g., flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break. 'Ibid. (iv) Biological Characteristics. Channel supports (check all that apply): ❑ Riparian corridor. Characteristics (type, average width): ❑ Wetland fringe. Characteristics: ❑ Habitat for: ❑ Federally Listed species. Explain findings: ❑ Fish/spawn areas. Explain findings: ❑ Other environmentally -sensitive species. Explain findings: ❑ Aquatic/wildlife diversity. Explain findings: 2. Characteristics of wetlands adjacent to non-TNW that flow directly or indirectly into TNW (i) Physical Characteristics: (a) General Wetland Characteristics: Properties: Wetland size: acres Wetland type. Explain: Wetland quality. Explain: Project wetlands cross or serve as state boundaries. Explain: (b) General Flow Relationship with Non-TNW: Flow is: Pick List. Explain: Wetlands flow into streams located off -site to the east. Surface flow is: Pick List Characteristics: Subsurface flow:. Explain findings: ❑ Dye (or other) test performed: (c) Wetland Adjacency Determination with Non-TNW: ❑ Directly abutting ❑ Not directly abutting ❑ Discrete wetland hydrologic connection. Explain: ❑ Ecological connection. Explain: ❑ Separated by berm/barrier. Explain: (d) Proximity (Relationship) to TNW Project wetlands are Pick List river miles from TNW. Project waters are Pick List aerial (straight) miles from TNW. Flow is from: Pick List. Estimate approximate location of wetland as within the Pick List floodplain. (ii) Chemical Characteristics: Characterize wetland system (e.g., water color is clear, brown, oil film on surface; water quality; general watershed characteristics; etc.). Explain: Identify specific pollutants, if known: (iii) Biological Characteristics. Wetland supports (check all that apply): ❑ Riparian buffer. Characteristics (type, average width): ❑ Vegetation type/percent cover. Explain: ❑ Habitat for: ❑ Federally Listed species. Explain findings: ❑ Fish/spawn areas. Explain findings - El Other environmentally -sensitive species. Explain findings: ❑ Aquatic/wildlife diversity. Explain findings: 3. Characteristics of all wetlands adjacent to the tributary (if any) All wetland(s) being considered in the cumulative analysis: Pick List Approximately ( ) acres in total are being considered in the cumulative analysis. For each wetland, specify the following: Directly abuts? (Y/N) Size (in acres) Directly abuts? (Y/N) Size (in acres) Summarize overall biological, chemical and physical functions being performed: C. SIGNIFICANT NEXUS DETERMINATION A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed by any wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological integrity of a TNW. For each of the following situations, a significant nexus exists if the tributary, in combination with all of its adjacent wetlands, has more than a speculative or insubstantial effect on the chemical, physical and/or biological integrity of a TNW. Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flow of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e.g. between a tributary and its adjacent wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland lies within or outside of a floodplain is not solely determinative of significant nexus. Draw connections between the features documented and the effects on the TNW, as identified in the Rapanos Guidance and discussed in the Instructional Guidebook. Factors to consider include, for example: • Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to TNWs, or to reduce the amount of pollutants or flood waters reaching a TNW? • Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW? • Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that support downstream foodwebs? • Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or biological integrity of the TNW? Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented below: 1. Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section IILD: 2. Significant nexus findings for non-RPW and its adjacent wetlands, where the non-RPW flows directly or indirectly into TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section IILD: 3. Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section III.D: D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL THAT APPLY): 1. TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area: TNWs: linear feet width (ft), Or, acres. Wetlands adjacent to TNWs: acres. 2. RPWs that flow directly or indirectly into TNWs. ❑ Tributaries of TNWs where tributaries typically flow year-round are jurisdictional. Provide data and rationale indicating that tributary is perennial: ❑ Tributaries of TNW where tributaries have continuous flow "seasonally" (e.g., typically three months each year) are jurisdictional. Data supporting this conclusion is provided at Section III.B. Provide rationale indicating that tributary flows seasonally: Provide estimates for jurisdictional waters in the review area (check all that apply): ITributary waters: linear feet width (ft). Other non -wetland waters: acres. Identify type(s) of waters: 3. Non-RPWs8 that flow directly or indirectly into TNWs. Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a TNW, and it has a significant nexus with a TNW is jurisdictional. Data supporting this conclusion is provided at Section III.C. Provide estimates for jurisdictional waters within the review area (check all that apply): ❑ Tributary waters: linear feet width (ft). ❑_ Other non -wetland waters: acres. Identify type(s) of waters: 4. Wetlands directly abutting an RPW that flow directly or indirectly into TNWs. ❑ Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands. • Wetlands directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale indicating that tributary is perennial in Section III.D.2, above. Provide rationale indicating that wetland is directly abutting an RPW: ❑ Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is seasonal in Section III.B and rationale in Section III.D.2, above. Provide rationale indicating that wetland is directly abutting an RPW: Provide acreage estimates for jurisdictional wetlands in the review area: acres. 5. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs. ❑ Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisidictional. Data supporting this conclusion is provided at Section III.C. Provide acreage estimates for jurisdictional wetlands in the review area: acres. 6. Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs. ❑ Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional. Data supporting this conclusion is provided at Section III.C. Provide estimates for jurisdictional wetlands in the review area: acres. 7. Impoundments of jurisdictional waters.9 As a general rule, the impoundment of a jurisdictional tributary remains jurisdictional. d Demonstrate that impoundment was created from "waters of the U.S.," or El Demonstrate that water meets the criteria for one of the categories presented above (1-6), or II Demonstrate that water is isolated with a nexus to commerce (see E below). E. ISOLATED [INTERSTATE OR INTRA-STATE] WATERS, INCLUDING ISOLATED WETLANDS, THE USE, DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY SUCH WATERS (CHECK ALL THAT APPLY):10 D which are or could be used by interstate or foreign travelers for recreational or other purposes. ❑ from which fish or shellfish are or could be taken and sold in interstate or foreign commerce. ❑ which are or could be used for industrial purposes by industries in interstate commerce. ❑ Interstate isolated waters. Explain: ❑ Other factors. Explain: Identify water body and summarize rationale supporting determination: 'See Footnote # 3. 9 To complete the analysis refer to the key in Section III.D.6 of the Instructional Guidebook. 10 Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA HQ for review consistent with the process described in the Corps/EPA Memorandum Regarding CWA Act Jurisdiction Following Rapanos. Provide estimates for jurisdictional waters in the review area (check all that apply): ❑ Tributary waters: linear feet width (ft). Other non -wetland waters: acres. Identify type(s) of waters: ▪ Wetlands: acres. F. NON -JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY): ❑ If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers Wetland Delineation Manual and/or appropriate Regional Supplements. ❑ Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce. ❑ Prior to the Jan 2001 Supreme Court decision in "SWANCC," the review area would have been regulated based solely on the "Migratory Bird Rule" (MBR). Ill Waters do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction. Explain:Two ponds observed on -site did not contain a significant jurisdictional nexus to downstream Waters of the U.S. in Other: (explain, if not covered above): Provide acreage estimates for non jurisdictional waters in the review area, where the sole potential basis of jurisdiction is the MBR factors (i.e., presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional judgment (check all that apply): ❑ Non -wetland waters (i.e., rivers, streams): linear feet width (ft). D Lakes/ponds: acres. D Other non -wetland waters: acres. List type of aquatic resource: D Wetlands: acres. Provide acreage estimates for non jurisdictional waters in the review area that do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction (check all that apply): ❑ Non -wetland waters (i.e., rivers, streams): linear feet, width (ft). ® Lakes/ponds: 0.48 acres. ❑ Other non -wetland waters: acres. List type of aquatic resource: ❑ Wetlands: acres. SECTION IV: DATA SOURCES. A. SUPPORTING DATA. Data reviewed for JD (check all that apply - checked items shall be included in case file and, where checked and requested, appropriately reference sources below): ® Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant: ® Data sheets prepared/submitted by or on behalf of the applicant/consultant. ❑ Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. ❑ Data sheets prepared by the Corps: ❑ Corps navigable waters' study: ❑ U.S. Geological Survey Hydrologic Atlas: ❑ USGS NHD data. ❑ USGS 8 and 12 digit HUC maps. U.S. Geological Survey map(s). Cite scale & quad name: 2003 Fuquay-Varina. USDA Natural Resources Conservation Service Soil Survey. Citation: Web Soil Survey / Hard Copy Soil Survey . National wetlands inventory map(s). Cite name: NWI Mapper . State/Local wetland inventory map(s): FEMA/FIRM maps: NC Floodplain Mapper . 100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929) Photographs: ® Aerial (Name & Date): June 25th Site Photos. or ® Other (Name & Date): . Previous determination(s). File no. and date of response letter: Applicable/supporting case law: Applicable/supporting scientific literature: Other information (please specify): . ❑❑❑❑ ®❑®❑®®® B. ADDITIONAL COMMENTS TO SUPPORT JD: