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HomeMy WebLinkAbout20220721 Ver 1_401 Application_20220525 Preliminary ORM Data Entry Fields for New Actions SAW— 201 - 202102633 BEGIN DATE [Received Date]: Prepare file folder Assign Action ID Number in ORM 1. Project Name [PCN Form A2a]: Edgewood Road 2. Work Type: Private Institutional Government Commercial ✓ 3. Project Description/Purpose [PCN Form B3d and B3e]: Industrial Development Edgewood Road Industrial Park LLC c/o Tissue Law 4. Property Owner/Applicant [PCN Form A3 or A4]: Offices PLLC/Trinity Capital- Mr. Travis Caldwell 5. Agent/Consultant [PCN Form A5—or ORM Consultant ID Number]: Atlas Environmental, Jennifer Robertson 6. Related Action ID Number(s) [PCN Form B5b]: None Known 7. Project Location-Coordinates,Street Address,and/or Location Description [PCN Form Bib]: 902 Edgewood Road Bessemer City, NC 28016 35.275634° / -81.268218° 3526119683, 3526016168, 3526013629, 3526028383, 8. Project Location-Tax Parcel ID [PCN Form Bla]: 3526228648, 3526120806, and 3526320971 9. Project Location—County [PCN Form A2b]: Gaston 10. Project Location—Nearest Municipality or Town [PCN Form A2c]: Bessemer City 11. Project Information—Nearest Waterbody [PCN Form B2a]:Abernethy Creek , Class C, Index #: 11-135-4 12.Watershed/8-Digit Hydrologic Unit Code [PCN Form B2c]: Upper Catawba - 03050101 Authorization: Section 10 Section 404 ✓ Section 10&404 Regulatory Action Type: Standard Permit _ Pre-Application Request ti Nationwide Permit# 18 Unauthorized Activity Regional General Permit# n Compliance n Jurisdictional Determination Request No Permit Required RECEIVED MAY 2 5 2022 DEO-WATER RESOURCES BUFFER Pi'" „r .,,O Revised 20150602 57r-ji VIRONMENTAL April 4, 2022 US Army Corps of Engineers NC Division of Water Resources Asheville Regulatory Field Office 401 and Buffer Permitting Unit Attn: Ms. Krysta Stygar Attn: Mr. Paul Wojoski 151 Patton Avenue, Room 208 1617 Mail Service Center Asheville, North Carolina 28801-5006 Raleigh, North Carolina 27699-1617 Re: Edgewood Road— +/- 119.09 acres 902 Edgewood Road Bessemer City, NC 28016 Nationwide Permit 18 Verification Request Corps Action ID: SAW-2021-02633 / DWR Project#: unknown Krysta and Paul: Atlas Environmental is submitting the enclosed package on behalf of Trinity Capital and Mr. Travis Caldwell for approval of a Nationwide Permit 18 application. Atlas staff traversed the property in September and November 2021, to conduct a stream and wetland delineation for the preparation and submittal of a Nationwide Permit 18 verification request. One wetland was found to exist within the review area and is approximately 0.0594 acres in size. There are also six streams in the review area. CH 100 is 114 linear feet, CH 200 is 633 linear feet, CH 300 is 158 linear feet, CH 400 is 3105 linear feet, CH 500 is 612 linear feet of intermittent channel, Ch 500 is 486 linear feet, and CH 600 is 46 linear feet. The features are flagged in the field with pink flagging and are flagged downstream to upstream. Trinity Capital wants to begin with grading efforts. CH 400 flows through the middle of the property and a temporary stream crossing is needed to complete these efforts. S1 will have a discharge of fill material with a proposed length of 40 feet and a width of 8.8 feet for a total of 0.008 acre. The impacts will include the temporary installation of two side by side 40-foot culverts. After the grading is complete the culverts will be removed and the stream will be restored to its previous condition. Enclosed are the necessary permit application documents and additional information. Thank you for your attention to the enclosed request. Please contact me if you need any additional information. Best regards, i"k4e,‘AIRCAIWS. Jennifer L Robertson jrobertson@atlasenvi.com ATLAS Environmental, Inc. 338 S. Sharon Amity Road #411 Charlotte, North Carolina 28211 704-512-1206(o)/828-712-9205(m) www.atlasenvi.com/Offices in Asheville and Charlotte cfi. o� qG Office Use Only: Corps action ID no. i ,., ' o DWQ project no. Form Version 1.4 January 2009 Pre-Construction Notification (PCN) Form A. Applicant Information 1. Processing la. Type(s)of approval sought from the Corps: ElSection 404 Permit ElSection 10 Permit 1 b. Specify Nationwide Permit(NWP) number: 18 or General Permit(GP) number: 1c. Has the NWP or GP number been verified by the Corps? ❑ Yes ® No 1 d. Type(s)of approval sought from the DWQ (check all that apply): 401 Water Quality Certification— Regular ❑ Non-404 Jurisdictional General Permit ❑ 401 Water Quality Certification— Express ❑ Riparian Buffer Authorization le. Is this notification solely for the record For the record only for DWQ 401 For the record only for Corps Permit: because written approval is not required? Certification: ❑ Yes ® No ❑ Yes 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 ❑ Yes ® No or in-lieu fee program. 1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h ❑ Yes ® No below. 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ® No 2. Project Information 2a. Name of project: Edgewood Road 2b. County: Gaston 2c. Nearest municipality/town: Bessemer City 2d. Subdivision name: not a subdivision 2e. NCDOT only, T.I.P. or state not a DOT project project no: 3. Owner Information 3a. Name(s)on Recorded Deed: Trinity Capital 3b. Deed Book and Page No. see the attached recorded deed reports 3c. Responsible Party(for LLC if Mr. Travis Caldwell, Senior Development Manager applicable): 3d. Street address: 440 S. Church Street, Suite 800 3e. City, state, zip: Charlotte, NC 28202 3f. Telephone no.: (919)219-2090 3g. Fax no.: n/a 3h. Email address: tcaldwell@trinitycapitaladvisors.com Page 1 of 10 PCN Form—Version 1.4 January 2009 4. Applicant Information (if different from owner) 4a. Applicant is: ❑Agent ❑ Other, specify: 4b. Name' 4c. Business name (if applicable): 4d. Street address: 4e. City, state, zip 4f. Telephone no. 4g. Fax no.: 4h. Email address: 5. Agent/Consultant Information (if applicable) 5a. Name: Jennifer L Robertson 5b. Business name Atlas Environmental, Inc. (if applicable): 5c. Street address. 338 S. Sharon Amity Road#411 5d. City, state,zip: Charlotte, NC 28211 5e. Telephone no.. 704-512-1206 5f. Fax no.. no fax 5g. Email address' jrobertson@atlasenvi com Page 2 of 10 PCN Form—Version 1.4 January 2009 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 3526119683, 3526016168, 3526013629, 3526028383, 3526228648, 3526120806, and 3526320971 1 b. Site coordinates (in decimal degrees): Latitude. 35.275634 Longitude. -81.268218 I c. Property size. 119.09 acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: Abernethy Creek 2b. Water Quality Classification of nearest receiving water Class C 2c. River basin: Upper Catawba, 03050101 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:A current land use of the review area is farmland surrounded by forested areas. Multiple barn, an old building foundation, and an un-occupied residence was observed to exist within the review area 3b. List the total estimated acreage of all existing wetlands on the property: 0.594 acre wetland 3c. List the total estimated linear feet of all existing streams(intermittent and perennial)on the property: 5154' 3d. Explain the purpose of the proposed project: The purpose is to start grading efforts for the development an industrial park. 3e. Describe the overall project in detail, including the type of equipment to be used. The project will begin grading efforts of the site and need to create a temporary stream crossing. Typical construction equipment will be used such as dump trucks,track hoes, motor graders, bulldozers, etc. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the ®Yes ❑ No ❑ Unknown Corps or State been requested or obtained for this property/ project(including all prior phases)in the past? Comments: 4b. If the Corps made the jurisdictional determination,what type of determination was made? ® Preliminary ❑ Final 4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company.Atlas Environmental Inc Name(if known):Atlas staff Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. SAW-2021-02633 01/12/2022 5. Project History 5a. Have permits or certifications been requested or obtained for ®Yes ❑ No El Unknown this project(including all prior phases)in the past? 5b. If yes, explain in detail according to"help file"instructions. There was a PJD for the site. 6. Future Project Plans 6a. Is this a phased project? ❑Yes ® No 6b. If yes, explain. Page 3 of 10 PCN Form—Version 1.4 January 2009 C. Proposed Impacts Inventory 1. Impacts Summary 1a. Which sections were completed below for your project(check all that apply). El Wetlands ® Streams-tributaries El Buffers ❑ Open Waters ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. 2b. 2c. 2d. 2e. 2f. Wetland impact Type of jurisdiction Area of number Type of impact Type of wetland Forested Corps (404, 10)or impact Permanent(P)or (if known) DWQ(401, other) (acres) Temporary(T) W1 - Choose one Choose one Yes/No - W2 - Choose one Choose one Yes/No - W3 - Choose one Choose one Yes/No - W4 - Choose one Choose one _ Yes/No - W5 - Choose one Choose one Yes/No - W6 - Choose one Choose one Yes/No - 2g.Total wetland impacts: 2h. Comments: 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. 3b. 3c. 3d. 3e. 3f. 3g. Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact number- (PER)or (Corps-404, 10 stream length Permanent(P)or intermittent DWQ—non-404, width (linear Temporary(T) (INT)? other) - (feet) feet) S1 T Fill CH 400 PER Corps 8.8 40 ft. (0.008 ac) S2 - Choose one - - . - S3 - Choose one - - S4 - Choose one - - S5 - Choose one - - S6 - Choose one - - 40' / 3h.Total stream and tributary impacts: temporary (0.008 ac) 3i. Comments: Construction for a temporary stream crossing 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. 4b. 4c. 4d. 4e. Open water Name of waterbody impact number— (if applicable) Type of impact Waterbody Area of impact(acres) Permanent(P)or type Temporary(T) 01 - Choose one Choose 02 - Choose one Choose 03 - Choose one Choose 04 - Choose one Choose 4f.Total open water impacts: 4g. Comments: no ponds are present on site 5. Pond or Lake Construction If pond or lake construction proposed, then complete the chart below. 5a. 5b. 5c. 5d. 5e. Wetland Impacts (acres) Stream Impacts (feet) Upland Pond ID Proposed use or purpose (acres) number of pond Flooded Filled Excavated Flooded Filled Excavated P1 Choose one P2 Choose one _ 5f.Total: 5g. Comments: no pond contruction proposed 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. 6c. 6d 6e. 6f. 6g. Buffer impact number— Reason for impact Buffer Zone 1 Zone 2 Permanent(P)or Stream name mitigation impact impact Temporary(T) required? (square (square feet) 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. there are no state regulated stream buffers on site Page 5 of 10 PCN Form—Version 1.4 January 2009 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. no wetland impacts are proposed, 0.594 acre of wetlands are avoided, over 99.2%of the streams are avoided (5,114 linear feet) lb. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Two side by side culverts are being installed to create a temporary stream crossing. Once grading efforts are complete the stream will be restored to its previous condition. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for 0 Yes ® No impacts to Waters of the U.S. or Waters of the State? 2b. If yes, mitigation is required by(check all that apply): ❑ DWQ 0 Corps ❑ Mitigation bank 2c. If yes,which mitigation option will be used for this project? ❑ Payment to in-lieu fee program ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: Type. Choose one Quantity none 3b. Credits Purchased (attach receipt and letter) Type. Choose one Quantity none Type: Choose one Quantity none 3c. Comments. none 4. Complete if Making a Payment to In-lieu Fee Program 4a.Approval letter from in-lieu fee program is attached. [' Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature Choose one 4d. Buffer mitigation requested (DWQ only). none square feet 4e. Riparian wetland mitigation requested. acres 4f. Non-riparian wetland mitigation requested none acres 4g. Coastal (tidal)wetland mitigation requested: none 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 ❑ Yes ® No buffer mitigation? 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. 6c. 6d. 6e. Zone Reason for impact Total impact Multiplier Required mitigation (square feet) (square feet) Zone 1 none none 3(2 for Catawba) none Zone 2 none none 1.5 none 6f.Total buffer mitigation required: none 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund). not applicable 6h. Comments: no comments Page 7 of 10 PCN Form—Version 1.4 January 2009 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1a. Does the project include or is it adjacent to protected riparian buffers identified El Yes ® No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes,then is a diffuse flow plan included? If no, explain why. ❑Yes ❑ No 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? >24% % 2b. Does this project require a Stormwater Management Plan? ® 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: 10 sediment basins will be constructed during the mass grading phase. The plan is being approved locally. Storm runoff from the buildings and impervious surfaces will be directed to the SCM. 2e. Who will be responsible for the review of the Stormwater Management Plan? Gaston County 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? Gaston County ® Phase II 3b. Which of the following locally-implemented stormwater management programs E NSW apply(check all that apply): USMP ❑ Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ® No attached? 4. DWQ Stormwater Program Review ❑ Coastal counties ❑ HQW 4a. Which of the following state-implemented stormwater management programs apply ❑ ORW (check all that apply): ❑ Session Law 2006-246 ❑ Other: 4b. Has the approved Stormwater Management Plan with proof of approval been attached? ❑Yes ® No 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ®Yes ❑ No 5b. Have all of the 401 Unit submittal requirements been met? ® Yes El 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 ❑ Yes ® No use of public(federal/state)land? 1 b. If you answered"yes"to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ❑ Yes ❑ No (North Carolina) Environmental Policy Act(NEPA/SEPA)? lc. If you answered"yes"to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval letter.) ❑ Yes El No Comments. 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules(15A NCAC 2H .0500), Isolated Wetland Rules(15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ❑Yes ® No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after-the-fact permit application? ❑ Yes ® No 2c. If you answered"yes"to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project(based on past and reasonably anticipated future impacts)result in ❑ Yes ® No additional development, which could impact nearby downstream water quality? 3b. If you answered"yes"to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge)of wastewater generated from the proposed project, or available capacity of the subject facility. the project will connect to an existing sanitary sewer service through a forcemain located on site Page 9 of 10 PCN Form—Version 1.4 January 2009 5. Endangered Species and Designated Critical Habitat(Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or ® Yes ❑ No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ❑Yes ® No impacts? 5c. If yes, indicate the USFWS Field Office you have contacted. Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? NCDENR Natural Heritage Program Map Viewer, GIS Layer, and IPaC; Potential Hexastylis naniflora occurs within the stream buffer at the southern reach of the main stream;this area will not be impacted by site development 6. Essential Fish Habitat(Corps Requirement) 6a.Will this project occur in or near an area designated as essential fish habitat? ❑ Yes ® No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? https.//www.fisheries.noaa.gov/resource/map/essential-fish-habitat-mapper 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state,federal or tribal governments have designated as having historic or cultural preservation ❑Yes ® No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? NC HPO comment letter enclosed 8. Flood Zone Designation (Corps Requirement) 8a.Will this project occur in a FEMA-designated 100-year floodplain? ❑Yes ® No 8b. If yes, explain how project meets FEMA requirements. 8c.What source(s)did you use to make the floodplain determination? FEMA NFHL Map Jennifer L RobertsongeAv+diZhAt. 04/04/2022 Date Applicant/Agent's Printed Name Applicant/Agent's Signature (Agent's signature is valid only if an authorization letter from the applicant is provided) Page 10 of 10 PCN Form—Version 1.4 January 2009 Ales. Ast_,__ _, RONMENTAL AGENT AUTHORIZATION FORM U.S. Army Corps of Engineers, Wilmington District Attn: Mr. Scott McLendon, Chief, Regulatory Division PO Box 1890 Wilmington, North Carolina 28402-1890 -and- NC Division of Water Resources, Water Quality Program Wetlands, Buffers, Streams—Compliance and Permitting Unit Attn: Mr. Paul Wojoski, Supervisor 1617 Mail Service Center Raleigh, North Carolina 27699-1650 I, the current landowner, lessee, contract holder to purchase, right to purchase holder, or easement holder of the property/properties identified below, hereby authorize Atlas Environmental Inc to act on my behalf as my agent during the processing of permits to impact Wetlands and Waters of the US that are regulated by the Clean Water Act and the Rivers and Harbors Act. Federal and State agents are authorized to be on said property when accompanied by Atlas Environmental Inc staff for the purpose of conducting on-site investigations and issuing a determination associated with Waters of the US subject to Federal jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899 and Waters of the State including 404 Wetlands, Isolated Wetlands, and other non-404 Wetlands subject to a permitting program administered by the State of North Carolina. Atlas Environmental Inc is authorized to provide supplemental information needed for delineation approval and/or permit processing at the request of the Corps or NC DWR Water Quality Program. Project Name: _ TCA Edgewood Industrial LLC Property Owner of Record: Edgewood Road Industrial Park LLC c/o Tissue Law Offices PLLC Contact Name: Travis Caldwell Address: 400 S Church Street Ste 800 Address: Charlotte NC 28202 Phone/Fax Number: 919 219 2090 Email Address: tcaldwell@trinitycaptialadvisors.com Project Address: 902 Edgewood Road Bessemer City, NC 28016 Project Address: Tax PIN: Parcel ID Nos.: 152636; 152628; 153633; 152634; 152647; 152631; and 153067 Signature: Date: 11/23/2021 ATLAS Environmental Inc. 338 S.Sharon Amity Road,#411 Charlotte, North Carolina 28211 704-512-1206(o)/828-712-9205(m) jrobertson@atlasenvi.com www.atlasenvi.com .1 c•' Sketch Map provided for illustrative purposes Indfanagye_`I Aquatic Resource Sketch Map i ii and preliminary planning only. Not intended to D \ be relied upon for exact location,dimension,or ,at i j -— -— - .' - _V\ ? orientation. All findings and assessments are �. ` I $ "5` su gjject to verification from the Army Corps of _E. .t �� En for other N p Division of Water Resources, and/or other appropriate local authorities. Do h` �_ � F9 not reproduce map set except in its entirety. Lv��t l Uandq ° I c �, I � �� 1 E; c, Gastop 3 P11 a Detail 2: Pg. 4 y/ 1.`j 116°6116 O 44 o 1 1 R I ' ' �P pa,, - ' IAll I j,a 1 ' 1 1 ?NI I I I I 1 iv... - ;Pr..tr='7.7.r...:..1- :....=.:-.• - 7=7...z 7z-:.:.7.,',1 1 1.0,g ..,--- . , , ; ..„ I ' I n 1 - - - . -\\ Legend _ hip I� Detail 3: Pg. 5 O Review Area II �1 I Streets '�4. Detail 1: Pg. 3 1 Gaston Parcels ��ati�� . tee. ontours: 2 Ft 0' 1 Delineation ' Intermittent --- -- - - = Perennial t 0 300 600 900 1200 ft i b Wetland 7 t -,/0.—"or4 Project Name: Edgewood Road &JIM / ,,, Nil► AS Location: 902 Edgewood Road Bessemer City, NC 28016 iA i -� , 1 1ONMENTAL For:Trinity Capital Attn: Mr. Travis Caldwell Page 1 of 5 Figure: Coordinates: 35.275634, -81.268218 Date: November 22nd, 2021 Aquatic Resource Sketch Map Legend O Review Area Streets Gaston Parcels Delineation Intermittent MIE Perennial Wetland Aerial Imagery I I Figure: Project Name: Edgewood Road i •... I}ONMENTAL Location: 902 Edgewood Road Bessemer City, NC 28016 For: Trinity Capital Attn: Mr. Travis Caldwell Page 2 of 5 Coordinates: 35.275634, -81.268218 Date: November 22nd, 2021 Legend O Review Area Streets J Gaston Parcels Delineation ® Perennial Wetland Contours: 2 Ft 93' ill -f ray. Aquatic Resource Sketch Map Potential Wetland WL 3000: — 0.594 Ac Potential Non -Wetland CH 300: — 158 LF, 0.012 Ac Potential Non -Wetland CH 400: —3105 LF, 0.442 Ac 200 400 600 800 ft Project Name: Edgewood Road Location: 902 Edgewood Road Bessemer City, NC 28016 For: Trinity Capital Attn: Mr. Travis Caldwell Page 3 of 5 Detail 1 Figure: Coordinates: 35.275634, -81.268218 Date: November 22nd, 2021 &Tennessee -A Potential Non -Wetland CH 500 Int: —612 LF, 0.050 Ac Potential Non -Wetland CH 600: —46 LF, 0.003 Ac Potential Non -Wetland CH 500 Per: —486 LF, 0.050 A Legend O Review Area Streets L Gaston Parcels Contours: 2 Ft Delineation Intermittent i Perennial ONMENTAL Aquatic Resource Sketch Map CH 400 Continued Project Name: Edgewood Road Location: 902 Edgewood Road Bessemer City, NC 28016 For: Trinity Capital Attn: Mr. Travis Caldwell 200 400 600 800 ft Coordinates: 35.275634, -81.268218 Page 4 of 5 Detail 2 Figure: Date: November 22nd, 2021 Legend O Review Area Streets C:- Gaston Parcels Contours: 2 Ft Delineation Intermittent Aquatic Resource Sketch Map Potential Non -Wetland CH 200: —633 LF, 0.031 Ac Potential Non -Wetland CH 100: —114 LF, 0.005 Ac 100 200 300 400 ft Project Name: Edgewood Road Location: 902 Edgewood Road Bessemer City, NC 28016 For: Trinity Capital Attn: Mr. Travis Caldwell Page 5 of 5 Detail 3 Figure: Coordinates: 35.275634, -81.268218 Date: November 22nd, 2021 MASS GRADING PLANS OF EDGEWOOD 85 COMMERCE PARK BESSEMER CITY, NORTH CAROLINA PREPARED FOR: TRINITY CAPITAL ADVISORS ALLY CENTER 440 S CHURCH STREET SUITE 800 CHARLOTTE, NC 28202 TM# 306415, 152646 MARCH 8, 2022 J-29747.1000 PREPARED BY: T THOMAS H HUTTON Q U EDGEWOOD 85 CO VICINITY MAP SCALE I"= 1000. Sheet List Table Sheet Nunteer Sheet Me CO Cover Sheol GI I CI 2 SHEET INDEX FYI 2 Eel 3 EX IA EROSION GONER°, NOTES OVERALL EROSION CONTROL - PHA ECI EROSION CONTROL PLAN - PHASE I ECI EROSION CONTROL PLAN - I EGAD EROSION CONTROL PUN - PEASE I OVERALL EROSION CONTROL PHASE 2 EROSION CONTROL - PHASE EROSION CONTROL • PI 2 EROSION CONTROL HASE 2 EROSION CONTROL - PHASE 2 EROSION CONTROL DETAILS EROSION CONTROL DETAILS EROSION COI,ROL DETAILS REVISION HISTORY SUBMITTAL HISTORY 3/9/32 DATE Know what's below. CaII before you dig. TTIOMAS H HUTTON EROSION CONTROL LEGEND DESCRIPTION. PLAN SYMBOL SED uw — DuTEN. iu,DAuc[ wewE EDR.N (__SO(-_ TREE PROTECTOR o ENTRA.<E,ER. DDxmRN T" PERNA..T SEED. O .Dee.. OB .PR.. O .ET PRmeg:t D — El wETPRo=, "..- wcTPRmccrmN.❑: w[rPRDT[.TON c 1CYPoPART SEewm ,RAP ec. DAu �W[.D.N.IZx.E,R -4.4 WATER LEGEND DFSCRIPTION. FXISTING PROPOSED SINOLE SERVICE LATERAL ..x,.[.[,.N[..,.RAL )— • >— .ALNE Aw 004 ® A EBEMORA.WvAL.[BD. - PD,TxTO.ANT > 0' ,[DUCE, a ,AC..Lo. PDE.ENT,D m m CODS, 1_I I_I TEL 1 1 Sr BEND HORIZONTAL 1 —1 Os BEND - HORIZONTAL '1 'I SSW BEw - HORIZONTAL / I / I DA BEND - HORIZONTAL r 1 I I RENO ,ERTCAL I I CAP I I DRAINAGE LEGEND DESCRIPTION DE EXISTING PROPOSED PPE --_ — _ — — [AT,x B MI CRATE ..[,,100 o 0 ,NN,TWN11.INT o 0 OTHER UTILITIES LEGEND DESCRIPTION NATURAL DAS EXISTING uNCERo•O.O TELEPHONE —ONO—GNP uNDEROR0.0 ELECTRICITY PREPARED FOR. TRINITY CAPITAL ADVISORS ALLY CENTER 4401 S CHURCH STREET SUITE 800 CHARLOTTE, NC 28202 GENERAL INFORMATION 704-28S-0443 COUNTY GASTON TRINITY CAPITAL ADVISORS SURVEYOR EC TOWN GASTONI4 Y CENTER 440 S CHURCH STREET SUITE BOO MCORE$ILLE TN BI CHARLOTTE NC 20202 13521 5i2-8595 C 2II 20NING INOUSTRIWL (7041 295 0.3 EN5NEER MAS wUTTON LVEN E 0501201T5505 28203 SURVENNO AND BOUNDARY INFORMATION BY ROC 900.104 NC PL. ALL ELEVATORS SRO. ARC BASED ON TOROGRAPIAC SURVEY TIT 00C SU... NC P.O. el frre1=30.VERLEY Attu.. OF ANY TEMPORARY BERCHMARAS SHORN PRP. TO UTNIE. Ton/ SEWER LEGEND DESCRIPTION, GRAVITY PPE FXISTING S PROPOSED LATERAL oeuecc surrccc. ,,u CLEAN., a r FORM BTNo, �,W0 W,W ....FAD. 0 REDUCE. a ■ BAcoLe. PAE.ENTOR la = CROSS 1 1-1 I SO•DD.- HORIZONTAL —I AS BEw- HORIZONTAL /1 '1 Pi A.I. BEND HORIZONTAL / I / 1 „N BEND HORIZONTAL I 1 11 Bt. II II PLwL CAP I I ABBREVIATIONS DOUBLE FOR. MAN INNATARY ACRERI Pow, Of DLO. TOP OF OLP. ROT FP POST NTERANT CR CATCH OAS,. PT PONT oF TAKE. 10 TOP Of GLITTER CURS INLET GRATE ONE, PVC CO CLEAN OUT CATE VALVE CORRUGATED PLASTIC R. Ian PEGI1 DENSITY POLYETHYLENE DeL RCP REDPORCE0 CONCRETE PPE RALLETI MET DITCH OGLE W IRT ELEVATOR Poor LNLET • RATER DUCT" MON PPE 40 ELEVATOR LINEAR MT MONT OF RAY RATER VALVE ENO SECTOR MAR . 0111.1 SO STORM CARNAGE TARO oar, FLARED DO .C.11 MINILIUM YARD INLET FO ETIo. GRADE IPAOOLE SF SC.. IEEE EME HYDRANT GENERAL NOTES • .=1,P4.1:110...,:110IXE,g,OONTROL MIMEO SHALL BE mANIA.0 ANON NNAL TYFITTILLTOWMETIITarN'TENT OF TIN WE. ADDI'llINEAtrarrI4O-A "nat="R"'"7 "'Lt. N'AION Of 0. SPERM A A LL BE W ACCORDANCE 1. MANUAL Of AAR. TO PRE.. EnEASIVE SaMOLSg.NITTROL ..11.5 EON DEVELOP. AREAS.. 1. SC. LAW RESOLNCES N CONTRACTOR S.LL GRACE AREAS TO DRAW /OR POSHWE FL. POOR TO ./AL APPROVAL Ill ALL SPANADE PAL BE MADE EL/NOTIONAL DAILY AS RORK PROGOESSE1 MST. ROAD RILL BE CLEANED VP A. RESTORED ORA, PCs Kw PAVE.. so oE ELL. N. EOCE OF I.E. PAREREPAL CAuSED TO EN.. OLIVES BY THE CONE .1.,L,ILIX:r.Z.B.I.,,III,ZfoOgILN„ EDGEWOOD 85 COMMERCE PARK GENERAL NOTES AND LEGEND JOB NO 0.1 TALoo DATE SA AR DES.. NSS •IPROVIO AS scALIE G1.1 SHEETS: EXI.3, ECI.3, EC2.3 RCE PARK EDGEWOOD 85 COMM SHEET INDEX JOB NO, YE 742.100 OPENS. SS DESIGNED: WS G1.2 I ; l;; 1/ 1 11 1 I 1 1 f 1 1 \ I111\// 1 ',out I 11Nil 1 1 1/111 ,// 1\ 1 1 1 1\ `I i i i i i/% l l l I I l ) 1- . i // / i i% i j , /, . \\ j\ '1 / , '-i _/ / / i i \ iiii :` ; ! , � rl : % \>' / MA :1- ,LINE - '3EE;SHEET°\ NO 0. 1 , 11ll1 (•III;\ I I I I I I\\ 1 1 1 I l ♦. , 1 1 1 1 1\ 1\1\ \`\\1\\I♦j i 1111 11`\\\\\(\`�♦ \I\\\ \ \ 1 / /%' / !I 1) l 1 1 II� \ `\ 1 ! 1 1 1 1 1 / ,--/ // / I / \ ♦ / / / \ \I `l \ I / 1 \\ / �-Tr-i-J�—[ __T177 ,_LFl }_}�--T--tom LEGEND © EXISTING WETLANDS PRO TY MIMS MP GENERAEL NOTCONTRACTOR ALL EXISTING UTILITIES WITHIN THE PROJECT LIMITS AN AOiOR sNALL PROTECT A Y DAMAGE TO EXISTING UTILITIES SHALL BTE WITH THE APPLICABLE UTILITIES FOR CUTOFF P CUTOFF LOCAL ONSAND E CONTRACTOR HALL REMOVAL LIMITS BwASTE T. HLAN OT ADDRESS IN ANY WAY THE PRESENCE OR REMOVAL REQUIREMENTS OF HAZARDOUS MATERIAL N THESTUDIES A. REMOVAL RECUWEMENTS PREPARED BY OTHERS THIS PLAN IRGENERAL STRUCTuRES AND O SITE INFRASTRUCTURE TOBER REMOVED CONSTRUCTION PO ASSOCMTED INFRALOCATIONS OF STRUCTURE THOMAS a HUTTON ASSUMES NO LIABILITY FOR THE PRESENCE OR REMOVAL OF ANY HAZARDOUS WASTE GRAPHIC SCALE (wau Fr) e. sO In CC 0 LO Q 5 J5 Qo a. 5 Uw >-5 F-m 2 F- EDGEWOOD 85 COMMERCE PARK EXISTING CONDITIONS d DEMOLITION PLAN Ia. 2/DYES DESICREll APPROVED JR9 EX1.1 rn TRINITY CAPITAL ADVISORS BESSEMER CITY NORTH CAROLINA EDGEWOOD 85 COMMERCE PARK EXISTING CONDITIONS d DEMOLITION PLAN T M THOAS H HUTTON 1020 Euclid avenue Chorlotle NC 20203 • 930201 5505 www Ihomos0ndhullon com NO erviSlauS BV DATE z 0 0 CD CD -A -A CAPPS ROAD 60' PUBLIC R/W _-- SRC 1306 m W TRINITYECAPITAL ADVISORS CITY NORTH CAROLINA BESS EDGEWOOD 85 COMMERCE PARK EXISTING CONDITIONS a DEMOLITION PLAN T THOMAS H HUTTON 1020Euck! Avenue Charlotte NC 28203 • 980201 5505 vow., Inomman0nullon com FIEVIMNS r<33 13 LP ? O cy rn TRINITY CAPITAL ADVISORS BESSEMER EDGEWOOD 85 COMMERCE PARK EXISTING CONDITIONS a DEMOLITION PLAN T THOMAS mu HUTTON 1020 Euclid Avenue Charbtte. NC 28203 • 980.201.5505 www.lhomosondhulton.com qq N-.I ssa SEEDING RATES FOR TEMPORARY 0 PERMANENT COVER RASE PEN ACRE RATE PER •CRE 40 sCPSEhmER NOVEIOSER eity REcEuatil BLPI PLANTING DAM FERTILIZER REQUIREMENTS TYPE OF SPECIES YEAR ANALYSIS OR EQUIVALENT N-P-K RATE N TOP DRESSING RATE 411s " pnie�*NnNGTVII I ' HUM a MANGE - 8gBPA, _ o....I.2.' 3..R"N000VEROM teNANEE Irgi 11888Eliii1 .. RENE SEEDLINGS FIRST 2010 s Eb S"AEEB m. ELosN. s.&'NOE fA'a'i#LTTENANCE 8i8-18 i.:io�... - B €€ ielEk 'ROT 10-1010 5000e.,.. 30 R,✓cc. , 5 BNassc`S'"' NaTT ANCE B-€ I R : lii./L. ii8ITN✓°F:i"` s -mum. m. '? ANCE o 0 0 Sao °."aa:. so 00 ..✓... * s • IAPPLY /N SPRING FOGLOIPINGSE£DING • APPLY SPLITAPPUCATSO. S R'HENHIGH RATES ARE USED APPLY M 3SPLIT APPLICATIONS . • APPLY WHEN PLANTS ARE PRUNED. • SAPPLY TO GRASS SPECIES ONLY ',APPLY WHEN PUNTS GROWS( LIHEIGHT OF i TO 4 INCHES. NOTE 5PRE90ACGRICULTURAL LIMESTONE EVENLY OVER ALL SEEDED .4RESSATARATE OF OF ES TONSLICRE EROSION CONTROL LEGEND DESCRIPTION. PLAN SYMROI CLEARING LOESSr T E MP OS.B, ..MO. PE.ANENT NS liall RPM.. R..ERNTERI .RAPS Lw9e CHANNELS PARE. CHANNELS (9,AR €sq SUBSURFACE OR.. ( Iso( S.ACE Roo... T.PSis.. o EN,RANCE,E.I EON„N",wM TEMPORARY SEEM. TS PER. NENT SM.. 8 BO...NA 0 cww O .P.AP O LEV aLEE P 1-2 0 •DEL Q .LE, PR.TE'CT.N B""°EL MD CROP INLET PROTECTFON TEMPORARY SEMEN! TRAP IQ SSW.. SAS. Qo !RIMIEBMHTBASIN P POROUS BAFFLE MO "E.M.B..MM. # SPECS BAM CHECK SAM var.ER -9 -4 na .,.«<.am.w..eH..w...... H...n.r. ...,o.,........+.M..,,...u......a .��wmSffi4 •J=' PA ....w,„„,., unqu.o "1� '°'� y .... Ra�. m ............ Wm ..a. �...... ..aww.,.�.......aa....: ,...aa.,...e,...... m..awa..wA.. n.�a,A ...e..r-+fe._._ nn M a. n DA M g I�nmv rmm ss .. m,.i.rm.aam.n,.smv.. "••"e.urv. e.,e..w..rn M..a,®an a•• I1EibwN•AmrnNb1IRA_' mg. ...m+veeN....a.rm...w,m M..... .. NCGOI GROUND STABILIZATION AND MATERIALS HANDLING I EFFECTIVE: 04101/19 • r6....eValQ.ae- NCGOI SELF -INSPECTION, RECORDKEEPING AND REPORTING I EFFECTIVE 04/01/19 EDGEW000 85 COMMERCE PARK EROSION CONTROL NOTES DATE: /PC SPAYS S PES.E11. NB REvIESEDI SCALE: AIT EC0.1 Impact SI; Temporary Stream Crossing for Mass Grading CO linear loot; 0.008 acre HATCH LEGEND: IIDNAL WETLAND EROSION CONTROL LEGEND DF#CRIPTION PLAN HYMSOI PFSCRIPTIOE PLAN HYMHM .`' "". rxT[nm c C Rm. ems.. . - .x,[,.x[,,...x[ mvozno[. i. [au[ or[.— rTDr [.rwxr x."c.m El ®[[rg°.[ Q^ xn [[exam • MO Sax cotrtRaL PLAR APPRO.!. AN ON-BEFE DEMOLITION LAMOFILL PERMIT FRO *ALA, PERmET EDGEWOOD 85 COMMERCE PARK 3 APPROVED: J.. OVERALL EROSION CONTROL - PHASE I EC1.0 Z:\29747\29747J000\ENGINEERING\DRAWINGS\EXHIBITS\29747J000 - NATIONWIDEIB EXHIBIT DWG - Mor 9, 2022 - 5:03 PM / / / / / / / / / / / //� jam/ / /I/\ \ i II \���� I 1 1 ' / y �/ / / / / / L� i�7 — \VAV AA // \VA\ �\V V\\�\�// / \ /� ( \\\ I I I II1II\I I I I 1 i 111 Flo II // ////�� ((/%//l �l� �\ \ \ %' A// / i! it 1 /�// / I N / /' I / / / /j// // I o� / i /I �� v / / / / ��// > //// // // / / / / / / / / _ / / / VAA\ /j/ o� l ///l l o\\ // ) I I I g \ / / I I I i I/ 1 (1 MPORARYr --- / ( �1 \\ \\\\ / i I � CULVERT moo / i N \V \ V i,�/ �% \ / \ \ �4rr 4� //� ,/ �i ) \ Stream Impact S1 �s •�= i --- \ \ I .W "; \ \ \ \ Af ♦ ® -y . Y� I \ \ 1 / / / / / - `,..tz-ry• • / \ \ . l I 1 1 \ I I 7 / / �O •- / 1' / I I l/ I /7 i/ / /� �� �� I/ // I I I I I /l / 7/ /i Z/ 4N4P r // 1 1 1 I \\ v l I , / I / j oo \ / 1 I\ \ \ � \ / / 1 / oi/ `' I / \. I \ I l/ / I �// I 1 \ 1 1 ��/ / 1" 1 / �/ / /\ I\\ «< I CREEK BED DISTURBANCE 352 / \ \) / / 1 / I / / VI / I1\V.A\\ I I / /�. v VAV \\\\\ I I SQUARE FEET I 1 / / / / / / I . / /I I /I I�� \�� A\��\ O �l \\\\\ \ \\\\b VAI1 1 1\1\\11 1 / 1111 / \\�Vl I \\�\ \ II 11 \1 Ilir / 1 I 111 1 I I I I I /\\\\ I 1 I \Ji I I/////VI\\ I / / / V I/ III \ \ I I III \ ( I I / II(I\ \ \ \ I 1 ) / / / / v �\\V A V A�� ' l /I / / / / / / / / I \ / // / / o �- �- / �\ ( ,\ \ //01\\I1rk r 11\11 111 ' ��1�► \ILII,I\T.� " 1 / / / _ iXl I , , / , EDEWOOD85 COMMERCE PARK TEMPORARY CREEK CROSSING ■ THOMAS EX1.0 CLIENT: TRINITY CAPITAL ADVISORS LOCATION: BESSEMER CITY, NC DATE: MARCH 9, 2022 DRAWN BY: JKS SHEET: EX1.0 JOB NUMBER: J-29747.0000 REVIEWED BY: JKS SCALE: 1" = 40' & HUTTON 1020 Euclid Avenue Charlotte, NC 28203 • 980.201.5505 www.thomasandhutton.com U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id.saw-2021-02633 County:Gaston U.S.G.S.Quad:NC-Bessemer City NOTIFICATION OF JURISDICTIONAL DETERMINATION Requestor: Trinity Capital Travis Caldwell Address: 440 S Church Street suite 800 Charlotte,NC 28202 Telephone Number: 919-219-2090 E-mail: taldwell(a,trinitycapitaladvisors.com Size(acres) 119.09 Nearest Town Bessemer City Nearest Waterway Crowders Creek River Basin Santee USGS HUC 03050101 Coordinates Latitude:35.275634 Longitude:-81.268218 Location description:Project consists of multiple parcels in the vicinity of 902 Edgewood Road,Bessemer City,Gaston County< North Carolina.PIN(s):3526119683,3526016168,3526228648,3526120806,3526013629 Indicate Which of the Following Apply: A. Preliminary Determination ►�1 There appear to be waters onthe above described project area/property,thatmay be subjectto Section 404 ofthe Clean Water Act(CWA)(3 3 USC§ 1344)and/or Section 10 ofthe Rivers and Harbors Act(RHA)(33 USC§403).The waters have been delineated,and the delineation has beenvenfiedby the Corps to be sufficiently accurate and reliable.The approximate boundaries of these waters are shown on the enclosed delineation map dated 11/22/2021.Therefore this preliminary jurisdiction determination maybe used in the permit evaluation process,including determining compensatory mitigation.For purposes of computation ofimpacts,compensatory mitigation requirements,and other resource protection measures,a permit decision made on the basis of a preliminary JD will treat allwaters andwetlands that would be affected in anywayby thepermitted activity on the site as if they are jurisdictional waters of the U.S.This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process(Reference 33 CFR Part 331).However,you may request an approved JD, which is an appealable action,by contacting the Corps district for further instruction. ❑ There appear to be waters on the above described project area/property,that may be subjectto Section 404 ofthe Clean Water Act(CWA)(33 USC§ 1344)and/or Section 10 ofthe Rivers and Harbors Act(RHA)(33 USC§403).However,since the waters have not been properly delineated,this preliminary jurisdiction determination may not be used in the permit evaluation process. Without a verified wetland delineation,this preliminary determination is merely an effectivepresumption of CWA/RHA jurisdiction overall of the waters at the project area,which is not sufficiently accurate and reliable to support an enforceable permit decision.We recommend thatyou have the waters on yourproject area/property delineated.As the Corps may not be able to accomplish this wetland delineation in a timely manner,you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. B. Approved Determination ❑ There are Navigable Waters ofthe United States within the above described project area/property subjectto the permit requirements of Section 10 of the Rivers and Harbors Act(RHA)(33 USC§403)and Section 404 ofthe Clean Water Act (CWA)(33 USC§ 1344). Unless there is a change in law or our published regulations,this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ There are waterson the above describedproject area/property subjectto the permit requirements of Section 404 ofthe Clean WaterAct(CWA)(33 USC§ 1344). Unless there is a change in the law or our published regulations,this determinationm ay be relied upon for a periodnotto exceed fiveyears from the date ofthis notification. ❑We recommend you have the waters on yourproject area/property delineated. As the Corps maynotbe able to accomplish this wetland delineation in a timely manner,you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. ❑The waters on yourproject area/property havebeen delineated and the delineation has been verifiedby the Corps.The approximate boundaries of these waters are shown onthe enclosed delineation map datedDATE.We strongly suggest you have this delineation surveyed. Upon completion,this survey should be reviewed and verified by the Corps. Once verified,this survey saw-2021-02633 will provide an accurate depiction of all areas subject to CWA jurisdiction on yourproperty which,provided there is no change in the laworourpublished regulations,maybe relied upon fora periodnotto exceed five years. E The waters have been delineated and surveyed and are accurately depicted on the plat signed bythe Corps Regulatory Official identified below onDATE.Unless there is a change in the law or ourpublished regulations,this determination maybe relied upon for a penod not to exceed five years from the date of this notification. ❑ There are no waters of the U.S.,to include wetlands,present on the above described project area/property which are subj ectto the permit requirements of Section 404 of the Clean Water Act(33 USC 1344). Unless there is a change in the law or our published regulations,this determination maybe relied upon for a periodnotto exceed five years from the date ofthis notification. ❑ The property is located in one ofthe 20 Coastal Counties subject to regulation under the Coastal Area Management Act(CAMA). You should contactthe Division of Coastal Management in Morehead City,NC,at(252)808-2808 to determine their requirements. Pla cement of dredged or fill material within waters of the US,including wetlands,without a Department oftheArmy permit may constitute a violation of Section 301 of the Clean Water Act(33 USC§ 1311). Placement of dredged or fill material,construction or placement of structures,or work within navigable waters ofthe United States without a Department of the Armypermit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act(33 USC§401 and/or 403).If you have any questions regarding this determination and/or the Corps regulatory program,please contact Krystynka B Stygar at 252-545-0507 or krystynka.b.stygar(a,us ace.army.mil. C. Basis For Determination: Based on information submitted by the applicant and available to the U.S. Army Corps of Engineers,the project area exhibits criteria for waters of the U.S. as defined in 33 CFR 328,Regulatory Guidance Letter 05-05 and the 1987 Wetland Delineation Manual, and/or Regional Supplement to the 1987 Manual:Eastern Piedmont and Mountains v2.0. See the preliminary jurisdictional determination form dated 1/12/2022. D. Remarks:See approximate aquatic resources on map, "Edgewood Road—October 1 , 2021 " E. Attention USDA Program Participants This delineation/determinationhas been conducted to identify the limits of Corps'Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination maynotbe valid for the wetland conservation provisions of theFood Security Act of 1985. If you or your tenant are USDA Progra m participants,or anticipate participation in USDAprograms,you should request a certified wetland determination from the local office of the Na tural Resources Conservation Service,prior to starting work. F. Appeals Information(This information applies only to approved jurisdictional determinations as indicated in B. above) If you object to this determination,you may request an administrative appeal under Corps regulations at33 CFR Part331. Enclosed you will find a Notification ofAppeal Process(NAP)fact sheet and Request for Appeal(RFA)form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Mr.Philip A. Shannin Administrative Appeal Review Officer 60 Forsyth Street SW,FloorM9 Atlanta,Georgia 30303-8803 AND PHILIP.A.SHANNIN@USACE.ARMY.MIL In orderforan RFA to be accepted bythe Corps,the Corps must determine that it is complete,that it meets the criteria for appeal under33 CFR part 331.5,and that it has been receivedby the Division Officewithin 60 days ofthe date ofthe NAP. Should you decide to submit an RFA form,it must be received at the above address by Not applicable. **It is not necessary to submit anRFA form to the ivision Office if you do not object to the determination in this correspondence.** Corps Regulatory Official: Date ofJD:1/12/2022 ExpirationDate ofJD:Not applicable saw-2021-02633 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so,please complete the Customer Satisfaction Survey located at http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0 Copy furnished: Agent: Atlas Environmental,Inc Jennifer Robertson Address: 338 S.Sharon Amity Road,#411 Charlotte,NC 28211 Telephone Number: 704-512-1206 E-mail: jrobertson@atlasenvi.com Property Owner: Edgewood Road Industrial Park LLC Address: 10612-D ProvidenceRoad,PMB 489 Charlotte,NC 28277-0233 NOTIFICATION OF APPEAL OP PIONS ANDPROCESS AND REQUEST FOR APPEAL Applicant:Trinity Capital,Travis Caldwell I File Number:saw-2021-02633 Date: 1/12/2022 Attached is: See Section below • INITIAL PROFFERED PERMIT(Standard Permit or Letter of permission) A ❑ PROFFERED PERMIT(Standard Permit or Letter of permission) B O PERMIT DENIAL C • APPROVED JURISDICTIONAL DETERMINATION D ▪ PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I- The following identifies your rights and options regarding an administrative appeal of the above decision. Additional in formation may be found atorhttp://wvv-w.usace.army.mil/Missions/CivilWorks/Rg_gulatoryProgramandPeiasits.aspy; orta. corps regulations at33 CFR Part331. _ A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit,you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission(LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety,and waive all rights to appeal the permit,including its terms and conditions,and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit(Standard or LOP)because of certain terms and conditions therein,you may request that the permit be modified accordingly.You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice,or you will forfeit yourright to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may:(a)modify the permit to address all of your concerns,(b) modify the permit to address some of your objections,or(c)not modify the permit having determined that the permit should be issued as previously written. After evaluatingyour objections,the district engineer will send you a proffered permit for yourreconsideration,as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit,you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission(LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety,and waive all rights to appeal the permit,including its terms and conditions,and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit(Standard or LOP)because of certain terms and conditions therein, you may appeal the declined permit underthe Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit underthe Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice,means that you accept the approved JD in its entirety,and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD,you may appealthe approved JD underthe Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD(which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. REASONS FOR APPEAL OR OBJECTIONS: (Describe yourreasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where yourreasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record,the Corps memorandum for the record of the appeal conference or meeting,and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant northe Corps may add new information or analyses to the record. However,you may provide additional information to clarify the location of information that is already in the administrative record. y 7} i»'3 r4 F F'f P.A,_. #� a,..,, OJ e TTONS If you have questions regarding this decision and/or the If you only have questions regarding the appealprocess you may appealprocess you may contact: also contact: District Engineer,Wilmington Regulatory Division MR.PHILIP A.SHANNIN Attn: Krystynka B Stygar ADMINISTRATIVE APPEAL REVIEW OFFICER Charlotte Regulatory Office CESAD-PDS-O U.S Army Corps of Engineers 60 FORSYTH STREET SOUTHWEST,FLOOR M9 8430 University Executive Park Drive,Suite 615 ATLANTA,GEORGIA 30303-8803 Charlotte,North Carolina 28262 PHONE:(404)562-5136;FAX(404)562-5138 EMAIL:PHILIP.A.SHANNIN(a)USACE.ARMY.MIL RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel,and any government consultants,to conduct investigations of the project site during the course of the appealprocess. You will be provided a 15-day notice of any site investigation,and will have the opportunity to participate in all site investigations. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer,Wilmington Regulatory Division,Attn:Krystynka B Stygar,8430 University Executive park Drive Suite 615,Charlotte,North Carolina 28262 For Permit denials,Proffered Permits and Approved Jurisdictional Determinations send this form to: Division Engineer,Commander,U.S.Army Engineer Division,South Atlantic,Attn:Mr.Philip Shannin,Administrative Appeal Officer,CESAD-PDO,60 Forsyth Street,Room 10M15,Atlanta,Georgia 30303-8801 Phone:(404)562-5137 PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: 1/12/2022 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Trinity Capital, Travis Caldwell, 440 S Church Street suite 800, Charlotte,NC 28202 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Edgewood Road, saw-2021- 02633 D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: Project consists of multiple parcels in the vicinity of 902 Edgewood Road, Bessemer City, Gaston County<North Carolina. PIN(s): 3526119683, 3526016168, 3526228648, 3526120806,3526013629 (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: NC County:Gaston City: Bessemer City Center coordinates of site (lat/long in degree decimal format):Latitude:35.275634 Longitude:-81.268218 Universal Transverse Mercator: Name of nearest waterbody:Crowders Creek E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑Office(Desk) Determination. Date: Field Determination. Date(s): January 12,2022 TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAY BE"SUBJECT TO REGULATORY JURISDICTION Site Number Latitude Longitude Estimated Type of aquatic resources Geographic (decimal (decimal amount of (i.e.,wetland vs.non- authority to degrees) degrees) aquatic wetland waters) which the resources in aquatic review area resource"may (acreage and be"subject linear feet,if (i.e.,Section applicable 404 or Section 10/404) CH 100 35.27087 -81.2687 114 LF Non-wetland waters Section 404 CH 200 35.27121 -81.26892 633 LF Non-wetland waters Section 404 CH 300 35.26902 -81.27446 158 LF Non-wetland waters Section 404 CH 400 35.27159 -81.27498 3105 LF Non-wetland waters Section 404 CH 500 I 35.27477 -81.27487 612 LF Non-wetland waters Section 404 CH 500 P 35.27362 -81.27500 486 LF Non-wetland waters Section 404 W L 3000 35.26954 -81.2742 0.594 acres Wetland Section 404 1. The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an approved JD (AJD) for that review area based on an informed decision after having discussed the various types of JDs and their characteristics and circumstances when they may be appropriate. 2. In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre- construction notification" (PCN), or requests verification for a non-reporting NWP or other general permit, and the permit applicant has not requested an AJD for the activity, the permit applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit authorization based on a PJD,which does not make an official determination of jurisdictional aquatic resources; (2)the applicant has the option to request an AJD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an AJD could possibly result in less compensatory mitigation being required or different special conditions; (3)the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit,including whatever mitigation requirements the Corps has determined to be necessary;(5) undertaking any activity in reliance upon the subjectpermit authorization without requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered individual permit)or undertaking any activity in reliance on any form of Corps permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and(7)whether the applicant elects to use either an AJD or a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered individual permit(and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it becomes appropriate to make an official determination whether geographic jurisdiction exists over aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic resources in the review area,the Corps will provide an AJD to accomplish that result,as soon as is practicable. This PJD finds that there "may be"waters of the U.S. and/or that there "may be"navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the review area that could be affected by the proposed activity, based on the following information: SUPPORTING DATA. Data reviewed for PJD (check all that apply)Checked items are included in the administrativ e record and are appropriately cited: ❑X Maps,plans,plots or plat submitted by or on behalf of the PJD requestor: Map:AtlasEnvironmental for Trinity Capital ©Data sheets prepared/submitted by or on behalf of the PJD requestor.Datasheets: ❑Office concurs with data sheets/delineation report. ❑Office does not concurwith data sheets/delineation report. Rationale: ❑Data sheets prepared by the Corps: ❑Corps navigable waters' study: ©U.S. Geological Survey Hydrologic Atlas: NC Surface water Classifications(Figure 12 10/01/2021) ❑X USGS NHD data: ❑X USGS 8 and 12 digit HUC maps:Figure 14(10/01/2021) ©U.S. Geological Survey map(s).Cite scale&quad name:USGS Topo, Figure 3 & 5(10/1/2021) ❑X Natural Resources Conservation Service Soil Survey. Citation:Figure 13a: 10/01/2021 ©Nationalwetlands inventory map(s). Cite name:NWIMapper (USFWES) Figure 11 (10/01/2021) ❑State/local wetland inventory map(s): FEMA/FIRM maps: Figure 8 (10/01/2021) ❑100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929) ©Photographs: © Aerial (Name & Date): Figure 7(10/1/2021) or❑ Other(Name&Date): ❑Previous determination(s). File no. and date of response letter: ©Other information(please specify): Aquatic Resource Sketch Map (11/22/2021),Figurel ,Figure 2(GIS Parcels 10/1/2021) IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for later jurisdictional determinations. 416'6 • � l Signature and date of Regulatory Signature and date of person requesting PJD staff member completing PJD (REQUIRED, unless obtainingthe signature is 1/12/2022 impracticable)' I Districts may establish timeframes for requester to retum signed PJD forms.If the requester does not respond within the established time frame,the district may presume concurrence and no additional follow up is necessary prior to finalizing an action. t Gaston:R Legend ® Review Area Streets Gaston Parcels Contours: 2 Ft Delineation Intermittent NM Perennial Wetland Page 1 of 5 Figure: Sketch Map provided for illustrative purposes and preliminary planning only. Not intended to be relied upon for exact location, dimension, or orientation. All findings and assessments are subject to verification from the Army Corps of Engineers, NC Division of Water Resources, and/or other appropriate local authorities. Do not reproduce map set except in its entirety. L- - - - - A - MI I - M - - Detail 1: Pg. 3 Project Name: Edgewood Road Location: 902 Edgewood Road Bessemer City, NC 28016 For: Trinity Capital Attn: Mr. Travis Caldwell 300 600 900 1200 ft Coordinates: 35.275634, -81.268218 Date: November 22nd, 2021 Legend I I Review Area Streets Gaston Parcels Delineation Perennial Wetland Contours: 2 Ft Aquatic Resource Sketch Map Potential Non -Wetland CH 400: —3105 LF, 0.442 Ac Potential Wetland WL 3000: "' 0.594 Ac Potential Non -Wetland CH 300: "' 158 LF, 0.012 Ac 0 200 400 600 800 ft Page 3 of 5 IRONMENTAL Detail 1 Figure: Project Name: Edgewood Road Location: 902 Edgewood Road Bessemer City, NC 28016 For: Trinity Capital Attn: Mr. Travis Caldwell Coordinates: 35.275634, -81.268218 Date: November 22nd, 2021 Potential Non -Wetland CH 500 Int: —612 LF, 0.050 Ac Potential Non -Wetland CH 600: —46 LF, 0.003 Ac Potential Non -Wetland CH 500 Per: —486 LF, 0.050 Ac Legend =I Review Area Streets Gaston Parcels Contours: 2 Ft Delineation Intermittent ® Perennial ON MENTAL Page 4 of 5 Detail 2 Figure: Project Name: Edgewood Road Location: 902 Edgewood Road Bessemer City, NC 28016 For: Trinity Capital Attn: Mr. Travis Caldwell Coordinates: 35.275634, -81.268218 Date: November 22nd, 2021 4-647:1A7N, .41 North Carolina Department of Natural and Cultural Resources State Historic Preservation Office Ramona M.Bartos,Administrator Governor Roy Cooper Office of Archives and History Secretary D.Reid Wilson Deputy Secretary,Darin J.Waters,PhD. January 26, 2022 Austin Baggarley abaggarley@atlasenvi.com ATLAS Environmental, Inc. 338 South Sharon Amity Road, #411 Charlotte, NC 28211 Re: Construct industrial development, 902 Edgewood Road, Bessemer City, Gaston County, ER 21-3153 Dear Mr. Baggarley: Thank you for your letter of December 7, 2021, regarding the above-referenced undertaking. We apologize for the delay and any inconvenience it may have caused. We have reviewed the submittal and offer the following comments. We have conducted a review of the project and are aware of no historic resources which would be affected by the project. Therefore, we have no comment on the project as proposed. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, contact Renee Gledhill-Earley, environmental review coordinator, at 919-814-6579 or environmental.review@ncdcr.gov. In all future communication concerning this project, please cite the above referenced tracking number. Sincerely, Ramona Bartos, Deputy U State Historic Preservation Officer Location:109 East Jones Street,Raleigh NC 27601 Mailing Address:4617 Mail Service Center,Raleigh NC 27699-4617 Telephone/Fax:(919)807-6570/807-6599 Federal Endangered, Threatened, and Candidate Species Project Review Request and Report of Findings Project Name: Edgewood Road Project Location: 902 Edgewood Road Bessemer City, NC 28016 Lat: 35.275634°° Long: -81.268218 Review Area: N 119.09 Acres Prepared For: Trinity Capital Attn: Mr. Travis Caldwell 440 S. Church Street, Suite 800 Charlotte, NC 28202 Prepared By: TLAS VIRONENTAL ATLAS Environmental, Inc. 338 S.Sharon Amity Road#411 Charlotte,North Carolina 28211;704-512-1206(o)/828-712-9205(m) October 27, 2021 www.atlasenvi.com/Offices in Asheville and Charlotte 1 Table of Contents 1 Introduction 3 1.1 Site Location and Description 3 1.2 Project Purpose 3 1.3 Federal Status 3 2 Methods 4 2.1 Information, Planning and Conservation System 4 2.2 NC Natural Heritage Program 4 2.3 Field Assessment 5 3 Results 5 3.1 Information, Planning and Conservation System 5 3.2 NC Natural Heritage Program 5 3.3 Field Assessment 6 3.3.1 Northern Long Eared Bat 6 3.3.2 Dwarf-flowered Heart Leaf 6 4 Findings 7 4.1 Species Summary Table 8 5 Conclusions 8 5.1 Summary 8 5.2 Permitting 8 5.3 Conclusion 10 Appendix A 11 IPAC 11 Appendix B 23 NHP Report 23 Appendix C 27 Resource Maps 27 Appendix D 38 Photographs 39 ATLASEnvironmental,Inc. 338 S.Sharon Amity Road#411 Charlotte,North Carolina 28211;704-512-1206(o)/828-712-9205(m) October 27,2021 www.atlasenvi.com/Offices in Asheville and Charlotte 2 1 Introduction At the request of Mr. Travis Caldwell with Trinity Capital, on September 30, 2021, and October 1, 2021, staff from Atlas Environmental, Inc. (Atlas) performed a pedestrian survey of the seven Gaston County parcels at the Edgewood Road project review area to search for federally listed threatened, endangered, and candidate (TEC) species that could potentially occur on the property. Prior to the fieldwork, website records were searched for potential known locations of listed species that have been mapped within a one-mile radius of the approximate center of this property. The review area is within the Bessemer City 1:24,000 Quadrangle within Gaston County, North Carolina. 1.1 Site Location and Description The subject site is located at 902 Edgewood Road Bessemer City, NC 28016. The review area is comprised of seven Gaston County parcels (tax parcel ID numbers: 152634, 153067, 152633, 152631, 152636, 152628, and 152647) and is approximately 119.09 acres. The project location lies generally Southwest of Edgewood Road and East of Capps Road and is approximately 1 aerial mile Southeast of the center of Bessemer City. The topographic relief of the review area is approximately 132 feet with an approximate maximum elevation of 906 feet and minimum elevation of 774 feet. The surrounding area consists predominantly of residential homes, commercial development, and farmland. The western portion of the review is a mixed forest of hardwood trees and conifers. The Northeastern portion of the review area has been used for agricultural purposes dating back to at least 1993 according to Google Earth historic satellite imagery. The forest floor is shaded by the overstory trees. Some portions of the Western area of the project have early successional trees that are very thickly vegetated with cedars, red buds, sweet gums, and oaks. This area has very little herbaceous vegetation on the forest floor also due to the limited amount of sunlight. 1.2 Project Purpose The project purpose is for the construction of industrial buildings. A final site plan has not been completed at this time however, the development will require the construction of stormwater control features, parking areas (both employees, visitors, tractors, and trailers), utilities, and additional associated infrastructure (dumpsters). Stream and wetland impacts will be necessary for site development for at least one road crossing. The project will require mechanized land clearing for grading to remove existing vegetation and to prepare the ground surface for construction. Based on site constraints a U.S. Army Corps of Engineers Nationwide Permit 39 or Individual Permit will be required for unavoidable impacts to aquatic resources. 1.3 Federal Status This status is designated by the U.S. Fish and Wildlife Service (USFWS) and the U.S. National Marine Fisheries Service (NMFS) in accordance with the U.S. Endangered Species Act of 1973, as amended (ESA). Plants and plant varieties, (including fungi and lichens), animal species and subspecies, and vertebrate populations are considered for Endangered or Threatened status according to the criteria established under the ESA. Proposals and determinations to add taxa or populations to the Lists of Endangered and Threatened Wildlife and Plants are published in the Federal Register. Additionally, the ATLASEnvironmental,Inc. 338 S.Sharon Amity Road#411 Charlotte,North Carolina 28211;704-512-1206(o)/828-712-9205(m) October 27,2021 www.atlasenvi.com/Offices in Asheville and Charlotte 3 USFWS and the NMFS periodically publish a Notice of Review or Notice of Reclassification in the Federal Register that present an updated list of plant and animal taxa which are regarded as candidates or proposed for possible addition to the Lists of Endangered and Threatened Wildlife and Plants. Consult the Asheville or Raleigh Ecological Services Field offices for more information. An endangered species is a taxon "in danger of extinction throughout all or a significant portion of its range" (Endangered Species Act, Section 3). A threatened species is a taxon "likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range"(Endangered Species Act, Section 3). Candidate species are "Taxa for which the [Fish and Wildlife] Service has on file enough substantial information on biological vulnerability and threat(s) to support proposals to list them as endangered or threatened. Proposed rules have not yet been issued because this action is precluded at present by other listing activity. Development and publication of proposed rules on these taxa are anticipated. The Service encourages State and other Federal agencies as well as other affected parties to give consideration to these taxa in environmental planning." (Federal Register, February 28, 1996). Taxa formerly considered as'Category 1' are now considered as'Candidate'. A federal species of concern is a species under consideration for listing, for which there is insufficient information to support listing at that time. These species may or may not be listed in the future, and many of these species were formerly recognized as"C2" candidate species. "...The Service remains concerned about these species, but further biological research and field study are needed to resolve the conservation status of these taxa. Many species of concern will be found not to warrant listing, either because they are not threatened or endangered or because they do not qualify as species under the definition in the [Endangered Species] Act. Others may be found to be in greater danger of extinction than some present candidate taxa. The Service is working with the States and other private and public interests to assess their need for protection under the Act. Such species are the pool from which future candidates for listing will be drawn." (Federal Register, February 28, 1996). 2 Methods 2.1 Information, Planning and Conservation System A record search of the US FWS website was conducted to determine what species are known to occur within Gaston County. The US FWS T&E for Gaston County shows species that are known to or are believed to occur within the county boundary. The IPaC (Information, Planning, and Conservation System) which is a mapping tool was also used to generate a table of threatened, endangered, or candidate species, and/or designated critical habitat. Species on the IPaC list include species that may be affected by your project and could include species that exist in another geographic area. For example, certain fishes or clams may appear on the species list because a project could cause downstream effects on the species such as sedimentation. 2.2 NC Natural Heritage Program The North Carolina Department of Environment and Natural Resources (NCDENR), North ATLASEnvironmental, Inc. 338 S.Sharon Amity Road#411 Charlotte,North Carolina 28211;704-512-1206(o)/828-712-9205(m) October 27,2021 www.atlasenvi.com/Offices in Asheville and Charlotte 4 Carolina Natural Heritage Program (NCNHP) GIS database was searched to determine what species or rare natural communities (element occurrences) are known to occur within a one-mile radius of the approximate center of the project. A list of the rare, threatened, and endangered species and communities known to occur within the Bessemer City quadrangle was generated for the field search and is included below from the NCNHP GIS database. This list indicates what species have been reported to the NCNHP as occurring in the state, each county, and within each quadrangle. These are not completed listings of what exists in the field as no complete survey of the state has ever been completed. The Natural Heritage Program also provides data for search results which includes the last date of observation and accuracy of the observation. Natural areas and managed areas such as parks, open space, and greenways are documented. 2.3 Field Assessment Based on the species identified from the IPAC and NC NHP review, Atlas staff, including biologists and botanists experienced with identification of threatened and endangered species, defined suitable habitat based on the species known and preferred requirements. The project review area was thoroughly traversed to evaluate potential areas for suitable habitat. The project location does not lie within any county which contain known winter roost trees or within the "Red HUC maps"as identified by the Fish and Wildlife Service. Based on the project location, the 4(d) rule, and the SLOPES agreement with the United States Army Corps of Engineers no surveys were conducted for the Northern long-eared bat. 3 Results 3.1 Information, Planning and Conservation System Searches of the US FWS website (www.ecos.fws.gov/ipac) identified two currently listed federally threatened species, one currently listed similarity of appearance (threatened) species, and one candidate species in Gaston County that could occur on the property or be impacted downstream. These include: a threatened mammal species: Northern Long- Eared Bat (Myotis septentriona/is), a threatened flowering plant species: Dwarf-flowered Heartleaf (Hexasty/is nan/flora), a similarity of appearance (threatened) reptile species: Bog Turtle (Clemmys muh/enburg/i), and a candidate insect species: Monarch butterfly (Danaus p/exippus). No currently designated critical habitats were documented to exist within the review area. 3.2 NC Natural Heritage Program A search of the NC Natural Heritage Program website (www.ncnhp.org/web/nhp/database-search) identified no elemental occurrences of currently listed federally threatened or endangered species within the review area. No elemental occurrences of currently listed federally threatened or endangered species was documented within a one-mile radius of the review area. Six managed areas were documented to exist within a one-mile radius of the review area. Three were identified as City of Bessemer City Open Space, two were identified as Gaston County Open Space, and one was identified as Gaston County Open Space. ATLAS Environmental, Inc. 338 S.Sharon Amity Road#411 Charlotte,North Carolina 28211;704-512-1206(o)/828-712-9205(m) October 27, 2021 www.atlasenvi.com/Offices in Asheville and Charlotte 5 3.3 Field Assessment The field assessment of the review area was completed by Atlas Environmental staff with specialized experience in the identification of threatened and endangered species including biologists and botanists. This assessment was completed on September 30, 2021, and October 1, 2021. The species identified through the IPAC and NC NHP review included two federally listed threatened species, one similarity of appearance threatened species, and one candidate species which were documented to have the potential to exist within Gaston County, or could be located downstream of the project area in a different county. Each of these species are described below including typical features, suitable habitat requirements, and related observations by Atlas Environmental staff. 3.3.1 Northern Long Eared Bat The federal threatened status for Northern Long-Eared Bat became effective May 4, 2015. Summer habitat for the bat consists of the cavities, hollows, cracks, or loose bark of live or dead trees typically greater than three inches DBH (diameter at breast height). Bats roost singly or in colonies and often return to the same nesting site. Male bats and non-reproductive female bats may also roost in cooler places such as caves and mines. These bats have been found to rarely roost in barns and sheds. Although not required the applicant will try to avoid tree clearing activities during the maternity roosting season from May 15 to August 15. The project location does not lie within any county which contain known winter roost trees or within the"Red HUC maps"as identified by the Fish and Wildlife Service. Based on the project location, the 4(d) rule, and the SLOPES agreement with the United States Army Corps of Engineers no surveys were conducted for the Northern long-eared bat. 3.3.2 Dwarf-flowered Heart Leaf Dwarf-flowered heart leaf is an evergreen perennial that grows low to the ground in the foothills and piedmont of North Carolina. Typically, the plant grows in acidic soils along bluffs and north-facing slopes. These areas are typically characterized by creek heads, wet/boggy locations, and hillsides. The plant has leathery squatted heart shaped leaves which are typically four to five inches long. The plant flowers from mid-March to early June however flowers may persist after the flowering period. The flowers are typically hidden under leaf litter. Definite identification is completed by measurements of the flower however it can be differentiated from other species, such as Hexasty/is arifolia, by leaf shape and dimensions. The western portion of the review area is a forested area that consists of thick vegetation, dirt roads, and a natural gas line. The remaining eastern portion of the property is a large and regularly maintained agricultural field. There is a tree line adjacent to the property boundary in this area. Suitable habitat for Dwarf-flowered heartleaf was observed within the review area as northern facing slopes adjacent to streams and head-water wetlands. Atlas Environmental staff traversed all areas of suitable habitat thoroughly by walking transects. Mixed occurrences of Hexasty/is naniflora and Hexastylis arifolia were observed to exist within the review area. The presence of these species is limited to the southern reach of the largest stream on site. Enclosed in Appendix C is a map showing the location of the populations. Photographs ATLAS Environmental,Inc. 338 S.Sharon Amity Road#411 Charlotte,North Carolina 28211;704-512-1206(o)/828-712-9205(m) October 27, 2021 www.atlasenvi.com/Offices in Asheville and Charlotte 6 of the Hexasty/ys arifo/ia and Hexastylis nan/flora populations are included. Due to the prevalence of the species Hexasty//s nan/flora is proposed for de-listing by the US FWS. The de-listing is scheduled to occur within the next 3-4 months based on the latest information we have received from US FWS and the Corps. 3.3.3 Bog Turtle The Bog Turtle was federally listed as a threatened species in 1997. Bog Turtles are one of North America's smallest turtles reaching only about 4 inches in length. The turtles have a bright yellow, orange, or red blotch on each side of their head. These turtles are semi-aquatic. Bog Turtles usually occur in small, discrete populations, generally occupying open-canopy, herbaceous sedge meadows and fens bordered by wooded areas. These wetlands are a mosaic of micro-habitats that include dry pockets, saturated areas, and areas that are periodically flooded. Bog Turtles depend upon this diversity of micro-habitats for foraging, nesting, basking, hibernating, and sheltering. Unfragmented riparian systems that are sufficiently dynamic to allow the natural creation of open habitat are needed to compensate for ecological succession. Bog Turtles inhabit open, unpolluted emergent and scrub/shrub wetlands such as shallow spring-fed fens, sphagnum bogs, swamps, marshy meadows, and wet pastures. These habitats are characterized by soft, muddy bottoms, interspersed wet and dry pockets, vegetation dominated by low grasses and sedges, and a low volume of standing or slow- moving water which often forms a network of shallow pools and rivulets. They prefer areas with ample sunlight, high evaporation rates, high humidity in the near-ground microclimate, and perennial saturation of portions of the ground. Bog Turtles generally retreat into more densely vegetated areas to hibernate from mid-September to mid-April. No suitable habitat for Bog Turtle exists on site. 3.3.4 Monarch Butterfly Monarch butterflies migrate between 1,200 and 2,800 miles or more from the United States and Canada to central Mexican forest. Monarchs have two sets of wings and a wingspan of three to four inches. Their wings are bright orange with black borders and veins, and white spots along the edges. The underside of the wings is pale orange. Male monarchs have two spots in the center of their hind wings, which females lack. Females have thicker wing veins than males. From September into early October the southern migration to Mexico begins. No Monarch butterflies were observed on site during the migration period. This project will have no effect on Monarch buferfies. 4 Findings Based on the review of available resources including, IPAC and the NC NHP program, applicable regulatory guidelines, and the field assessment performed by Atlas Environmental staff there are occurrences of a federally threatened species within the project review area. No suitable habitat exists within the review area for Bog Turtles. This project will not harm Monarch Butterflies. No habitat assessment or survey was conducted for the Northern long-eared based on ATLAS Environmental,Inc. 338 S.Sharon Amity Road#411 Charlotte,North Carolina 28211;704-512-1206(o)/828-712-9205(m) October 27,2021 www.atlasenvi.com/Offices in Asheville and Charlotte 7 the project location, the 4(d) rule, and the SLOPES agreement. Incidental take of the NLEB is prohibited without a permit when working within hibernation sites, within 1/4 mile of a hibernation site, or with a 150-foot radius of a known maternity roost. According to the Fish and Wildlife Service Asheville Ecological Services Field Office website Gaston County is not listed as having known hibernation and maternity sites and since there will be no intentional take the 4(d) criteria has been met and any associated take is exempt. Although not required the applicant will try to avoid tree clearing activities during the maternity roosting season from May 15 to August 15. 4.1 Species Summary Table Species Habitat Present Species Observed Determination Northern Long°Eared Bat N/A N/A N/A. Dwarf-flowered Heartleaf Yes Yes Delisting Proposed Bog Turtle No No No Effect Monarch Butterfly Yes No No Effect 5 Conclusions 5.1 Summary Atlas Environmental staff has completed the threatened and endangered species assessment for the Edgewood Road review area and has identified an occurrence of a federally threatened species. Suitable habitat was observed for Dwarf-flowered Heartleaf and survey results were positive. Hexasty/is arifolla and Hexasty/is nanif/ora are present on site. This species is proposed for de-listing within the next 3-4 months. 5.2 Permitting If impacts to regulated waters or wetlands are required to develop the property, Condition 18 of Nationwide Permit 39 is applicable as follows: 1. Endangered Species. (a) No activity is authorized under any NWP which is likely to directly or indirectly jeopardize the continued existence of a threatened or endangered species or a species proposed for such designation, as identified under the Federal Endangered Species Act (ESA), or which will directly or indirectly destroy or adversely modify the critical habitat of such species. No activity is authorized under any NWP which "may affect" a listed species or critical habitat, unless ESA section 7 consultation addressing the effects of the proposed activity has been completed. Direct effects are the immediate effects on listed species and critical habitat caused by the NWP activity. Indirect effects are those effects on listed species and critical habitat that are caused by the NWP activity and are later in time, but still are reasonably certain to occur. (b) Federal agencies should follow their own procedures for complying with the requirements of the ESA. If pre-construction notification is required for the proposed activity, the Federal permittee must provide the district engineer with the appropriate documentation to demonstrate compliance with those requirements. The district engineer will verify that the appropriate documentation has been submitted. If the appropriate documentation has not been submitted, additional ESA section 7 consultation may be necessary for the activity and the respective federal agency would ATLAS Environmental, Inc. 338 S.Sharon Amity Road#411 Charlotte,North Carolina 28211;704-512-1206(o)/828-712-9205(m) October 27, 2021 www.atlasenvi.com/Offices in Asheville and Charlotte 8 be responsible for fulfilling its obligation under section 7 of the ESA. (c) Non-federal permittees must submit a pre-construction notification to the district engineer if any listed species or designated critical habitat might be affected or is in the vicinity of the activity, or if the activity is located in designated critical habitat, and shall not begin work on the activity until notified by the district engineer that the requirements of the ESA have been satisfied and that the activity is authorized. For activities that might affect Federally-listed endangered or threatened species or designated critical habitat, the pre- construction notification must include the name(s) of the endangered or threatened species that might be affected by the proposed activity or that utilize the designated critical habitat that might be affected by the proposed activity. The district engineer will determine whether the proposed activity"may affect" or will have"no effect"to listed species and designated critical habitat and will notify the non- Federal applicant of the Corps'determination within 45 days of receipt of a complete pre-construction notification. In cases where the non-Federal applicant has identified listed species or critical habitat that might be affected or is in the vicinity of the activity, and has so notified the Corps, the applicant shall not begin work until the Corps has provided notification that the proposed activity will have"no effect"on listed species or critical habitat, or until ESA section 7 consultation has been completed. If the non-Federal applicant has not heard back from the Corps within 45 days, the applicant must still wait for notification from the Corps. (d) As a result of formal or informal consultation with the FWS or NMFS the district engineer may add species-specific permit conditions to the NWPs. (e) Authorization of an activity by an NWP does not authorize the "take"of a threatened or endangered species as defined under the ESA. In the absence of separate authorization (e.g., an ESA Section 10 Permit, a Biological Opinion with "incidental take" provisions, etc.) from the FWS or the NMFS, the Endangered Species Act prohibits any person subject to the jurisdiction of the United States to take a listed species, where "take" means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct. The word "harm" in the definition of"take" means an act which actually kills or injures wildlife. Such an act may include significant habitat modification or degradation where it actually kills or injures wildlife by significantly impairing essential behavioral patterns, including breeding, feeding or sheltering. (f) If the non-federal permittee has a valid ESA section 10(a)(1)(B) incidental take permit with an approved Habitat Conservation Plan for a project or a group of projects that includes the proposed NWP activity, the non-federal applicant should provide a copy of that ESA section 10(a)(1)(B) permit with the PCN required by paragraph (c) of this general condition. The district engineer will coordinate with the agency that issued the ESA section 10(a)(1)(B) permit to determine whether the proposed NWP activity and the associated incidental take were considered in the internal ESA section 7 consultation conducted for the ESA section 10(a)(1)(B) permit. If that coordination results in concurrence from the agency that the proposed NWP activity and the associated incidental take were considered in the internal ESA section 7 consultation for the ESA section 10(a)(1)(B) permit, the district engineer does not need to conduct a separate ESA section 7 consultation for the proposed NWP activity. The district engineer will notify the non-federal applicant within 45 days of receipt of a ATLAS Environmental,Inc. 338 S.Sharon Amity Road#411 Charlotte,North Carolina 28211;704-512-1206(o)/828-712-9205(m) October 27,2021 www.atlasenvi.com/Offices in Asheville and Charlotte 9 complete pre-construction notification whether the ESA section 10(a)(1)(B) permit covers the proposed NWP activity or whether additional ESA section 7 consultation is required. (g) Information on the location of threatened and endangered species and their critical habitat can be obtained directly from the offices of the FWS and NMFS or their world wide web pages at http://www.fws.gov/ or http://www.fws.gov/ipac and http://www.nmfs.noaa.gov/pr/species/esa/ respectively. 5.3 Conclusion This concludes the Edgewood Road project review and report of findings for federal threatened, endangered, and candidate species. We appreciate the opportunity to provide these services. Please feel free to call with questions or comments. Jennifer L Robertson, President ATLAS Environmental, Inc. 338 S.Sharon Amity Road#411 Charlotte,North Carolina 28211;704-512-1206(o)/828-712-9205(m) October 27, 2021 www.atlasenvi.com/Offices in Asheville and Charlotte 10 Appendix A IPAC ATLAS Environmental, Inc. 338 S.Sharon Amity Road#411,North Carolina 28211;704-512-1206(m)/828-712-9205(m) 11 www.atlasenvi.com/Offices in Asheville and Charlotte United States Department of the Interior FISH AND WILDLIFE SERVICE 44, Asheville Ecological*wives Field Office 11'102rillkoa Sweet Asheville.N( 28801-10132 Phone.(828)2r>8-3939 Fax:(828)258-5330 Mtir.1 w,fgw.fw ,yor,"nc-esies'countytr.htinl In Reply Refer To: September 30,2021 Consultation Code:04EN1000-2021-SLI-1292 Event Code:04EN 1000-2021-E-02865 Project Name: Edgewood Road Subject: List of threatened and endangered species that may occur in your proposed project location or may be affected by your proposed project To Whom It May Concern: The attached species list identifies threatened,endangered,proposed and candidate species,as well as proposed and final designated critical habitat.that may occur within the boundary of your proposed project and/or may be affected by your proposed project. Although not required by section 7,many agencies request species lists to start the informal consultation process and begin their fulfillment of the requirements under section 7(c)of the Endangered Species Act(Act)of 1973,as amended(16 U.S.C:. 1531 et seq.). This list,along with other helpful resources, is also available on the U.S. Fish and Wildlife Service(Service)-Asheville Field Office's(AFO)website:hltps:/(www.fws..gov/raleigh/species/ entylist/nc counties.hSlrlj. The AFO website list includes"species of concern"-species that could potentially be placed on the federal list of threatened and endangered species in the future. Also available are: • Design and Construction Recommendations burps://w w.,,f.wc g'! .obr ille l!; l,-L pressor' iewi I)..S,:S:urnotensIAJ,is .E 1_011t • Optimal Survey Times for Federally Listed Plants hopswwww,fws,gov/nc-es plant/plant survey,htm) • Northern long-cared bat Guidance hops://www.fws.g9v/asheviileihtrols/projec; review/NI,_.143 it WNt:.htrn) • Predictive Flabitat Model for Aquatic Species lutpsWwww.fws,goviashevillettmls/MARni/Maxent.html New information based on updated surveys,changes in the abundance and distribution of species,changed habitat conditions,or other factors could require nto difications of these lists. ATLAS Environmental, Inc. 338 S.Sharon Amity Road#411,North Carolina 28211;704-512-1206(m)/828-712-9205(m) 12 www.atlasenvi.com/Offices in Asheville and Charlotte J9r.11. 2i12 1 4L 0 252- L 'tit!, Please note that under 50 CFR 402.12(e)of the regulations implementing section 7 of the Act, the accuracy of the species lists should be verified after 90 days. This verification can be completed formally or infomwlly as desired, The Service recommends that verification be completed by visiting the ECOS-IPaC website or the AFO website(the AFO website dates each county list with the day of the most recent update/change)at regular intervals during project planning and implementation for updates to species lists and information. An updated list may be requested through the ECOS-IPaC system by completing the same process used to receive the enclosed list or by going to the AFO website. The purpose of the Act is to provide a means whereby threatened and endangered species and the ecosystems upon which they depend may be conserved. Under sections 7(a)(1)and 7(a (2)of the Act and its implementing regulations(50 CFR 402 el seq.).Federal agencies are required to utilize their authorities to carry out programs for the conservation of threatened and endangered species and to determine whether projects may affect threatened and endangered species ardor designated critical habitat. A Biological Assessment is required for construction projects(or other undertakings having similar physical impacts)that are major Federal actions significantly affecting the quality of the human environment as defined in the National Environmental Policy Act(42 U.S.C.4332(2) (c)). For projects other than major construction activities,the Service suggests that a Biological Evaluation similar to a Biological Assessment be prepared to determine whether the project may affect listed or proposed species and/or designated or proposed critical habitat. Recommended contents of a Biological Assessment are described at 50 CFR 402.12 and on our office's website at •I ✓ / r vi / • If a Federal agency(or their non-federal representative)determines,based on the Biological Assessment or Biological Evaluation,that listed species and/or designated critical habitat may be affected by the proposed project,the agency is required to consult with the Service pursuant to 50 CFR 402. In addition,the Service recommends that candidate species,proposed species,and proposed critical habitat be addressed within the consultation. More information on the regulations and procedures for section 7 consultation,including the role of permit or license applicants,can be found in the"Endangered Species Consultation Handbook"at:bttp:// www.fws.gov/endangered/esa-library/pdt(TOC-GLOS.PDF. Though the bald eagle is no longer protected under the Endangered Species Act,please be aware that bald and golden eagles are protected under the Bald and Golden Eagle Protection Act(16 U.S.C.668 eat seq.),and projects affecting these species may require additional consultation(see https://www,fws.gov/southeastlnr rsmices/permitsleagles+). Wind energy projects should fallow the wind energy guidelines(htp://www.fws.govlwindenerey/)for minimizing impacts to migratory birds(including bald and golden eagles)and bats. Guidance for minimizing impacts to migratory birds for projects including communications towers(e.g.,cellular.digital television,radio,and emergency broadcast)can be found at: Imp:// www.fws.gov/migra;orybird .(.:urren tBirdls ues/Haz►rd /towers/lowers-Inlet; hup:/Iwww.tnwerkill.corn;and htip://www.fws.govimigratorybircis/CurrentBirdIssuesitlazardst tower/comiow,html. ATLAS Environmental, Inc. 338 S.Sharon Amity Road#411,North Carolina 28211;704-512-1206(m)/828-712-9205(m) 13 www.atlasenvi.com/Offices in Asheville and Charlotte Coa. _::L1,:1O1}(.-2021-=02631, We appreciate your concern for threatened and endangered species. The Service encourages Federal agencies to include conservation of threatened and endangered species into their project planning to further the purposes of the Act. Please include the Consultation Tracking Number in the header of this letter with any request for consultation or correspondence about your project that you submit to our office. Attachment(s): • Official Species List • Migratory Birds • Wetlands ATLAS Environmental,Inc. 338 S.Sharon Amity Road#411,North Carolina 28211;704-512-1206(m)/828-712-9205(m) 14 www.atlasenvi.com/Offices in Asheville and Charlotte Official Species List This list is provided pursuant to Section 7 of the Endangered Species Act,and fulfills the requirement for Federal agencies to"request of the Secretary of the Interior information whether any species which is listed or proposed to be listed may be present in the area of a proposed action". This species list is provided by: Asheville Ecological Services Field Office I(1)Lillicoa Street Asheville, NC 28801-1082 (828)258-3939 ATLAS Environmental,Inc. 338 S.Sharon Amity Road#411,North Carolina 28211;704-512-1206(m)/828-712-9205(m) 15 www.atlasenvi.com/Offices in Asheville and Charlotte E.dr '(_tit. ',141_t . X .21 L tr�i0_; 2 Project Summary Consultation Code: O4EN 1000-2021-SLI-1292 Event Code: Some(04EN1000-2021-E-02865) Project Name: Edgewood Road Project Type: ""OTHER.,► Project Description: Industrial Project Location: Approximate location of the project can be viewed in Goggle Maps:bitps:/f www, I+ .crmi itpslCa a522k19 , 1.2 3177550 712„14z ,(i, Counties: Gaston County, North Carniina ATLAS Environmental, Inc. 338 S.Sharon Amity Road#411,North Carolina 28211; 704-512-1206(m)/828-712-9205(m) 16 www.atlasenvi.com/Offices in Asheville and Charlotte U 21,'.2(,2i Evet i i;L'Ur U i) Pi_NC-2:12.1-C•C!11G5 Endangered Species Act Species There is a total of 4 threatened,endangered,or candidate species on this species list. Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area.For example.certain fish may appear on the species list because a project could affect downstream species. INC does not display listed species or critical habitats under the sole jurisdiction of NOAA Fisheriesl,as USFWS does not have the authority to speak on behalf of NOAA and the Department of Commenre. See the"Critical habitats"section below for those critical habitats that lie wholly or partially within your project area under this office's jurisdiction, Please contact the designated FWS office if you have questions. 1. NOAA Fisheries,also known as the National Marine Fisheries Service(NOES),is an office of the National Oceanic and Atmospheric Administration within the Depattment of Commerce. Mammals Northern Long-eared Bat+'.Myotis septemrionolis Threatened Noctttkal Mirka:hac hen designated fnr this cf:er:rc. Species profile:ltiflss;uecos,fws-gowecpttpecies, 15 Reptiles N=tP.1 STATUS flog Turtle l:lemmys muhfenlwrrjii Similarity of Pupulatfm:U.S.A.(GA.NC,SC,'EN,VA) Appearance (tiktat tuhir.0 his two design ai tot nos yxci•o. (`l'lu atcntxi) Spe ies profile ltttpNliecos.fu,;. ; ''mnspecies,r 6.2 Insects NANIg STM1 s Monarch Butterfly Dorms plexippus Candidate No critical White furs horn designated fur thisslxcies. Sp'ctec profile:Itttp:-{.Lsss Ns ' p'=pc`cies 743 ATLAS Environmental, Inc. 338 S.Sharon Amity Road#411,North Carolina 28211;704-512-1206(m)/828-712-9205(m) 17 www.atlasenvi.com/Offices in Asheville and Charlotte JVf_IY2v2: eder O4ENIEY.1+`-..321-L•02,2,i6 ti Flowering Plants Dwvarf-flowered I Ieartleaf IlexcrsryIis rrcrni(Jorer Threatened No critical tibitai has Inrn dtsignxed fur 8&vecics. Swrcicc jrotitr:httPc/stscec.hs-s.sciv.wprapxIec/a4S8 Critical habitats ils'1=t,IT,),Flt• i:ilr-12I If 01 ;I tFtlI4 S''01 rltili\1rr1UR 1,R{'Itr-1- \RI;'aI.1t)LR 1IIlS Orrin'ti IIJRNI)lrl InN, ATLAS Environmental, Inc. 338 S.Sharon Amity Road#411,North Carolina 28211,704-512-1206(m)/828-712-9205(m) 18 www.atlasenvi.com/Offices in Asheville and Charlotte )94`.11J.Y.:\21 L'itf J4LNICKX-2',Q1 Migratory Birds Certain birds are protected undei the Migratory Bird Treaty Acti and the Bald and Golden Eagle Protection Act2. Any person or organization who plans or conducts activities that may result in impacts to migratory birds,eagles,and their habitats should follow appropriate regulations and consider implementing appropriate conservation measures,as described below. 1. Tbe Migratory 13irds Treaty Act of 1918. 2. The flakansi_colden Eagle PortectipnAct of 1940. 3. 50 C.F.R.Sec. 10.12 and 16 U.S.C.Sec. 668(a) nil Kr \RI rsi ves maps ca r).sa sAltHIN 1W \1( 1\11'5 0/ (It 11-4()JlP tlU Migratory Birds FAQ Tell me more about conservation measures I can implement to avoid or minimize impacts to migratory birds. Nationwisie Conservation Measures describes measures that can help avoid and minimize impacts to all hank at any location year mond. implrmenlation of thew mrceaorm r nicolarly important when birds are most likely to occur in the project area.When birds may be breeding in the area,identifying the locations of any active nests and avoiding their destruction is a very helpful impact minimization measure.To see when birds are most likely to occur and be breeding in your project area,view the Probability of Presence Summary.Additional measures or permits may be advisable depending on the type of activity you are conducting and the type of infrastructure or bird species present on your project site. What does INC use to generate the migratory birds potentially occurring in my specified location? The Migratory Bird Resource List is,comprised of USEWS Bird of Conservation Concern (BCC)and other species that may warrant special attention in your project location. The migratory bird list generated for your project is derived from data provided by the Avian Knowledge Network CAKNJ.The AKN data is based on a growing collection of survey.hotline and citizen science datasets and is queried and filtered to return a list of those birds reported as occurring in the lOkm grid cell(s)which your project intersects,and that have been identified as warranting special attention because they are a BCC species in that area,an eagle Male Act requirements may apply),or a species that has a particular vulnerability to offshore activities or development. Again,the Migratory Bird Resource list includes only a subset of birds that may omit in your project area.It is not representative of all birds that may occur in your project area.To get a list of all birds potentially present in your project area,please visit the AKN Phenology Tool. ATLASEnvironmental, Inc. 338 S.Sharon Amity Road#411,North Carolina 28211;704-512-1206(m)/828-712-9205(m) 19 www.atlasenvi.com/Offices in Asheville and Charlotte What does IPaC use to generate the probability of presence graphs for the migratory birds potentially occurring in my specified location? The probability of presence graphs associated with your migratory bird list are based on data provided by the Avian Knowledge Network(AKN).This data is derived from a growing collection of survey.banding.and citizen science datasets Probability of presence data is continuously being updated as new and better information becomes available. lb learn more about how the probability of presence graphs are produced and how to interpret them,go the Probability of Presence Summary and then click on the"Tell me about these graphs"link. How do 1 know if a bird is breeding.wintering.migrating or present year-round in my project area? To see what part of a particular bird's range your project area falls within(i.e.breeding. wintering,migrating or year-round),you may refer to the following resources:The Cornell Lab of Ornithol y All About Birds Bird Cuide,or(if you are unsuccessful in locating the bird of interest there),the Cornell Lab of Ornithology Neotropical Birds guide.If a bird on your migratory bird species list has a breeding season associated with it,if that bird does occur in your project area,there may be nests present at some point within the timeframe specified, If"Breeds elsewhere"is indicated,then the bird likely does not breed in your project area. What are the levels of concern for migratory birds? Migratory birds delivered through IPaC fall into the following distinct categories of concern: I. "BCC Rangewide"birds are Birds of Conservation Concern(BCC)that are of concern throughout their range anywhere within the USA(including Nawall,the Pacific Islands, Puerto Rico,and the Virgin Islands); 2. "BCC-BCR"birds are BCCs that are of concern only in particular Bird Conservation Regions(BCRs)in the continental USA;and 3. "Non-BCC- Vulnerable"birds are not BCC species in your project area,but appear on your list either because of the Eagle Act requirements(for eagles)or(for non-eagles) potential susceptibilities in offshore areas from certain types of development or activities (e.g. offshore energy development or longline fishing). Although it is important to try to avoid and minimize impacts to all birds,efforts should be made, in particular.to avoid and minimize impacts to the birds on this list,especially eagles and BCC species of rangewide concern. For more information on conservation measures you can implement to help avoid and minimize migratory bird impacts and requirements for eagles, please see the FAQs for these topics. Details about birds that are potentially affected by offshore projects For additional details about the relative occurrence and abundance of both individual bird species and groups of bird species within your project area off the Atlantic Coast,please visit the Northeast Ocean Data Portal.The Portal also offers data and information about other taxa besides birds that may be helpful to you in your project review.Alternately,you may download the bird model results files underlying the portal maps through the NOAA NCCOS integrative Statistical ATLAS Environmental, Inc. 338 S.Sharon Amity Road#411,North Carolina 28211; 704-512-1206(m)/828-712-9205(m) 20 www.atlasenvi.com/Offices in Asheville and Charlotte 4,1!J "— 'ire _'Ut",r J^P. _., -. h 0,ws rant sy Atlantic Outer Continental Shelf project webpage. Bird tracking data can also provide additional details about occurrence and habitat use throughout the year,including migration. Models relying on survey data may not include this information. For additional information on marine bird tracking data,see the Diving Bird Study and the pat tag within or contact Caleb Spiegel or Pain Loring. What if I have eagles on my list? If your project has the potential to disturb or kill eagles,you may need to obtain a permit to avoid violating the Eagle Act should such impacts occur. Proper Interpretation and Use of Your Migratory Bird Report The migratory bird list generated is not a list of all birds in your project area,only a subset of birds of priority concern.To learn more about how your list is generated,and see options for identifying what other birds may be in your project area,please see Ow FAQ"What does IPaC use to generate the migratory birds potentially occurring in my specified location".Please be aware this report provides the"probability of presence"of birds within the It)km grid cell(s)that overlap your project;not your exact project footprint.On the graphs provided,please also look carefully at the survey effort(indicated by the black vertical bar)and for die existence of the"no data" indicator(a red horizontal bar).A high survey effort is the key component. If the survey effort is high,then the probability of presence score can be viewed as more dependable. in contrast,a low survey effort bar or no data bar means a lack of data and,therefore,a lack of certainty about prrrwnre of the species.This list is not perfect;it is simply a darting point for identifying what birds of concern have the potential to be in your project area,when they might be there,and if they might be breeding(which means nests might be present).The list helps you know what to look for to confirm presence,and helps guide you in knowing when to implement conservation measures to avoid or minimize potential impacts from your project activities, should presence be confirmed.To leant more about conservation measures,visit the FAQ"Tell me about conservation measures I can implement to avoid or minimize impacts to migratory birds"at the bottom of your migratory bird trust resources page. ATLAS Environmental, Inc. 338 S.Sharon Amity Road#411,North Carolina 28211;704-512-1206(m)/828-712-9205(m) 21 www.atlasenvi.com/Offices in Asheville and Charlotte L'otf CL,Ct' j,iL� lf��(}%1? L Vitti_t 1 Wetlands Impacts to NW! wetlands and other aquatic habitats may be subject to regulation under Section 404 of the Clean Water Act,or other State.Federal statutes. For more information please contact the Regulatory Program of the local U.S.Army Corps of Engineers District. Please note that the NWI data being shown may be out of dale.We are currently working to update our NWI data set.We recommend you verify these results,with a site visit to determine the actual extent of wetlands on site. • R4SBC ATLAS Environmental, Inc. 338 S.Sharon Amity Road#411,North Carolina 28211; 704-512-1206(m)/828-712-9205(m) 22 www.atlasenvi.com/Offices in Asheville and Charlotte Appendix B NHP Report ATLAS Environmental,Inc. 338 S.Sharon Amity Road#411,North Carolina 28211;704-512-1206(m)/828-712-9205(m) 23 www.atlasenvi.com/Offices in Asheville and Charlotte Hu, LA, r trriy€1 itCri *NOM saimis NC DEPARTMENT OF -4,re.1 A'iv, "vet elittv NATURAL AND CULTURAL RESOURCES n"Mi war (0.4Ki ()if.wo or,Ohrtvito,at toad 49d Walre%Imo ardship WM-40E-15882 Sc>Z4.?m,ber 313,2021 lennifcr Ronertt.on Atlas Envirenfrienta 338 S Sharon Amity Road Chark)tte NC 28211 RE: Edgewbod Road Dila! ..1.011111f(tf R(.:4:4ff The Nortn Carona Natural Heritage Program(NCNHP)apPr4/174iltlrf4;the oppoirtrgirty to twonride information about riaturai heritage resovces for the propct referenced above Beset;on the uruiect area mapped with your request.d query o$th.e NC Nir•P database indicates that triere ave no records fry rare soecres.-mportant natal corrrnunirt*s,natural areas.and/or conservatiorvinanaroed areas within the 0r0f3d5ed pe-ORCt tOkindory Please note that although there may bia no docurrientatiort of natural horlta9r1 iWerrants within the projct boundary,it does not ,rnply or confirm their absence;the area rray not have been 9.1rveyed.The results of this query Should not be substituted for field surveys where suitable habitat exists in the evert that rare ipecm?s are tounci wittw,the project area.p'ease contact thie NCNHPso that we may update our records Trid attached"Potentml Occurreix:es'tab6d x.urninanyes rare surx;iin and rtatura',cornrriunities that sieve been documented within e one-mile radius at the riro.oerty boi..andary. The proximly of these reCOrdS suggests that these natural rientage el,errients may potentially be present wi the project area suitable hab,tat ets Tables ot roturai areas and conservation,/managed areas within a one-mile radius o. :tse wo)ect area,if any.are aho irv.71urimi in tnin report a Feder dity-rIttt pci s foiind withri the project area or it.indicated within a one-mile radius of the woject area,the NCNHP recommends contactnc-,the US Fish and Wildlife Service(USFVVS)for 9i .dance Contact information tor USF WS offices I n North Carolina is found here nt ,./.J.`26wyst.fwaaaldp..ffiras/L)irec tpry/LtstOfficel,c.fin?s.taLgoder..S) Please note that naturd heritage evment data are maintained for the jouroDses of conservation projeCt review,and scientific research,and are not intended for use as tf*peivfdrYsr criteria or regiatory decons.Information brOvided by the NCNHP datatraz-e may not be published without )nor wririen notification to the. NCNHP,and the NCNHP must tte credited as art in.formation otarcein thrin.e p. lt.o'c. Maris NCNHP data may not be rea,strouteci twx.t. permission The NC Neural Heritetie Program may fofbw this letter with aaditronal correspoix.fence F1 a DediCated Nature Preserve.Registered t*f Ptage Are&Land arid Water .1sernenit,or Federallyfi,stecl staecies are documented near the protect area you have c/..iestions regarding the information provided in this letter or need additional assistance. pleat contact Rodney A.Buller at rociney butteranCdcr.uov or 919.707-8603 Sincerely, NiC Natural HeritoRe Program - - _ ,c,4;rio ATLAS Environmental, Inc. 338 S.Sharon Amity Road#411,North Carolina 28211;704-512-1206(m)/828-712-9205(m) 24 www.atlasenvi.com/Offices in Asheville and Charlotte N Natr.•al r.crita7e Element Ot:Currti.,cas,Natured Areas,and Manacled Arcas'Nitrvn a Onu-,mile fi.1C+U:.cf trc =rolect Area Eoge'..'ood Read SL trsnutr 30,2021 NCNHD•E•15 382 co w ;•,a E'cmcsnt Oc;urrr--r;m;ar „urr ntcd Nita n; One-mtle R,10.1.4s:cif thr:Proie=t Area tv o d - rr No N,ituroi Areas arc rccurnrntac 'M: 'n.Ono-mile Radius:of P,nlrct Arr•,n 0 0 7 S a 041. `fana•w�ao Areas t.Gcumontec Witten a Cne•mile Rao+us of the Project Area -,s-„mr•p^ ,s; .yC,'.?" M„�+'"""-7i+ "M„ ,.�....,,,. ,,. , ,aS. .,.�.� .�_,,..M ,.. .v1',n'"µ'"' y elms' '4 21rG'1 el ait' i g r Nm :. wx?ut(f w ,.: " :. aLii:/43:0,`r'-C'�m`'7'_F,--y. ' p ,..�mot...,, � .^ t,.�„° 'r,� "� ��,...a.r � .n.� ,.. °� � � � .. __ ., �.��_,,.�^���. �'_G.�.h�.n�a�'_,. .., � ._ .�i O � sus,. '«*w.. �.._ �i.�'a�`t64, :..�..��" �.u�zF,. r,�:;�^ o City of Bessemer City Oxen Soace City of Bessemer City Local Go•i•ernment • vi Garza^ ' ✓.snty Open Soace Gaston Cou^•Ty Local Government t m p . - 3 Oty of Bessemer City Coen Soace City of Bessemer City Local Government o �. C ty of PAassrrne-City Conn Solace City of Bez:sem w City Local Government d C Csty of Gastonia OPCel Space City of Gastonia Local Government Gaston County Open Soace, Gaston C:lur.ty Local Govs:rr m:ent CD a. rt f-srr:=.'!:19:1.,',.,�.;�:t' tt<'•.;t 5:..,,xS;rtLx.1i,:;(::Yd i::u sti't:,rt'::.Y�l.it t5;ta4:?r':z','Ii4'•i3',l•He�••�E,0•Qf.Nt'r C.i.'i,,.ti-'�4t:'ir•.Yr.3:::.^:t_:ti•'„r.a••30,iL2l' :t:c,•C., riC:Nei.• C..? t7 O Ol 'i,Suttirs ntrte.,ter't rca.::S,t I., r:a ..rl`us..`x P,la::',dS!we. r'"(''':,z:r4 s 6:,'C rs...1.y a:`.4.=sf'tO a,:'.:titi ;Fr;.Ya..:•r 3-h.' N , ▪ lJl0 1�1 N C r A N O O1 3 O N O V r N SO N O N 3 Pacc2Oa3 26 o ❑❑0 ATLAS Environmental, Inc. 338 S. Sharon Amity Road #411, North Carolina 28211; 704-512-1206 (m) / 828-712-9205 (m) www.atlasenvi.com / Offices in Asheville and Charlotte �4 27 Appendix C Resource Maps ATLAS Environmental, Inc. 338 S. Sharon Amity Road #411, North Carolina 28211, 704-512-1206 (m) / 828-712-9205 (m) www.atlasenvi.com / Offices in Asheville and Charlotte 00 W oo cn cn n1 I 3 d rr O a o 3 O o 2- Vi m n o C II • -• D. rF now -P cn 1..1 o ((D + Ji • Cr, 3 CO N CO NJ NJ N Ul 3 i ~ J J 1 1 h 1 , - �,� • _ ., -^-•.I 3516422035 ..,, .,, , • h J 3516923460 3515929026 i ' J j ""_a113ft c` 354i _ 'O�. .la�J c7 1 pp � a 4 V 3526028393 I i ' it--,_— _Ir "'% i .�f. `'� J' 35ehF29b1ffiryR ."f_,q 36334054 1 1526326693 3526134t47 A,q.P I565918795 R y� l $ db` ;� 3526D16165 3526t 19681 It�i� Is 40'l ^ j (1 K.90 40 351690 / 1,,, d 3525}92FOY Legend CO Review Area JI 33F" 3 ' , = Gaston. Co. Parcels lti*'' 0 200 100 600 800 Ft o Streets - -. 1 7c7 • . IL Probed Name: Edgewood Road IJ R : 902 Edgewood Road Bessemer City NC ::8016 NMENTJAL For: Trinity Captor AM: Mr. Trays catowel3 Figure:Coordinates: 35.275634,-81.268218 Date: o ver 3s. 2021 N lD (w) SOZ6-ZIL-8Z8 / (w) 90 N TAL Figure: Project Location: E NC 2n` 16 For: niftily CAretal Attn: Mc. Tram Caldy+1 rdinates. 35.275634, -81.268218 I Date.: October 1st, eOZS W O S} L o, 3 En (D 0 d < O in O it 3 p �! PP�� Fi ° n = 0 <N.)�co3 CD FNJ CU r 3 n V rt 3 d � to H N F+ . O a N V N O Ul 3 Legend EJ Review Area w.r�aGaston. Co. Parcels Streets USGS Topo USGS Topographic Ma w :Project dame: Edgewood Road Location: 902 Edgewood Road Bessemer City, PAC 28016 0 200 400 600 800 Ft W N W W 03 I) co o D w � m o a < p_ O g4.1 O CD N n 3 5 t co cu O <. N =co3 (D NN- � r = art 01 a _ to �..� A Iv co 3 GO co 0) N O V1 F*gure: U Top raphic Map o)ect Name: Edgerood R t.ocaticn: 902 Edgewood Road Be emer City; f 28016 v 35.27 56.. Attn: Mr. Travis Cailw,el< 0 0.25 0.5 0,75 I Mi W %Va[u Legend Q Review Area C773 USGS Quadrangles 71 Gaston County ONME TAL. Figure: -USGS Quadrangles essemer City, NC 26016 Attn: Mr. Travis Citroen Coordinates: 35.275634,-81.268218 Date: October 1st, 2021 W W Legend Review Area Gaston. Co. Parcels = Streets 0 200 400 600 800 Ft NMENTAI_ Figure: P oiect Nacre: E Road , NC 2's k 16 For: Tnntys Attn: Mr. Travis C Coordinates: 35.275634, -81.2 Date: CXiober LsL 2,321 W W m w v • o D 2 0 o <, a $** oo • �rn rn =�e "0 Z. • N CD v NJ lD a rt • 4 to N r • A • O 3 00 GO V NJ N l0 O ✓ 7 3 ks Mr$0490 NM ti* �=vim W Digital Elevation Model Legend = Review Area Gaston. Co. Parcels Streets UDA.R (Ft) !919 780 810 J840 870 .900 0 200 400 600 800 Ft NT Figure: Ed : 902 EdRoad 6 : Tin ca $r. Tr dinates: 327.26821 w Cr) oo tn a o • iv CD 0• i • a O 3 µ g rn n 3 0 CD • 00 • N (D n rt nod 3 .A • V1 F1 o ~ 7 0 co V N 3 Legend cm Review Area Gaston. Co. Parcels Streets — GIS Streams I—i GIS Waterbodys r o 200 100 60,0 80 Figure: For Thy Capital rdines: 35. 2?563t, Attn: Mr. Trawls Caldwell w w w co cn v • o • D H3 3 :' 01 Ooz • n 3 5 C O CD e, NJ 003 (D Cll N CD n' rt n M- al 6,N • N.' CD N O rn 3 CO N W r NJ to 3 Legend Q Review Area Gaston. Co. Parcels Streets NWI Freshwater Pond Rrvenne Figuoe: 5.275621 0 200 400 600 800 Ft W 03 41 m A • &fexastytis nanifbra Locations RQI+ MENTAL Fgure: i Project Name: Edgewood Road Location: 902 Edgewocd Road Bessemer Cary, NC 28016 Fog: Tnnity Capital Attn : Mr. Tram Caldwell Date: 39 Appendix D Photographs ATLAS Environmental, Inc. 338 S. Sharon Amity Road #411, North Carolina 28211; 704-512-1206 (m) / 828-712-9205 (m) www.atlasenvi.com / Offices in Asheville and Charlotte Site Photographs:09/30/21 and 10/01/21 ,V4 K.4 - fir fa A * .„ r#,6 0 n m s , • 1 Channel Feature within Review Area Hexasty/is nanif/ora il r.- a Hexasty/is arifo//a Soil path in the Western portion review area t b„„ � .t ra x' t". -,-- - z,,,,,.1.,,.,4,,,,,,,,-------, ki---",,,1, - :---.— ,',? f 4 �M L'1"4. s#t _yam' Natural gas line Northeastern boundary and edge of tree line ATLAS Environmental, Inc. 338 S.Sharon Amity Road#411,North Carolina 28211; 704-512-1206(m)/828-712-9205(m) 40 www.atlasenvi.com/Offices in Asheville and Charlotte