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HomeMy WebLinkAbout20220865 Ver 1_More Info Received_20220829Strickland, Bev From: Michelle Savage-Measday, PWS <MMeasday@ecslimited.com> Sent: Monday, August 29, 2022 9:43 AM To: Perez, Douglas J Cc: Amschler, Crystal C CIV USARMY CESAW (USA) Subject: RE: [External] McCord Road Industrial Project/NC DWR project 20220865 Attachments: McCord Road Industrial Project Pre -Construction Notification (PCN) Apprlication.pdf CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. Doug, Attached is the full PCN. Let me know if you need anything else for review. Michelle From: Perez, Douglas J <doug.perez@ncdenr.gov> Sent: Monday, August 29, 2022 9:26 AM To: Michelle Savage-Measday, PWS <MMeasday@ecslimited.com> Cc: Amschler, Crystal C CIV USARMY CESAW (USA) <Crystal.C.Amschler@usace.army.mil> Subject: RE: [External] McCord Road Industrial Project/NC DWR project 20220865 Hey Michelle, Yeah, about this one. There are no maps, diagrams, or drawings attached to this one. Can you get those over to me, please? All that I have in the system is the basic PCN. Thanks, Doug From: Michelle Savage-Measday, PWS <MMeasday@ecslimited.com> Sent: Monday, August 29, 2022 9:23 AM To: Perez, Douglas J <doug.perez@ncdenr.gov> Cc: Amschler, Crystal C CIV USARMY CESAW (USA) <Crystal.C.Amschler@usace.army.mil> Subject: [External] McCord Road Industrial Project/NC DWR project 20220865 CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. Doug, Checking in on the status of the 401 review on the above project. Thanks, Michelle MICHELLE SAVAGE-MEASDAY, PWS I Environmental Senior Project Manager T 919.861.9910 I D 919.861.9821 I C 919.441.2437 5260 Greens Dairy Road I Raleigh I NC 127616 ECS SOUTHEAST, LLP 1 www.ecslimited.com THE NEW ASTM PHASE I STANDARD IS HERE - Contact us to find out more. Instagram I Linkedln I Facebook I Twitter Confidential/proprietary message/attachments. Delete message/attachments if not intended recipient. Preliminary ORM Data Entry Fields for New Actions ACTION ID #: SAW- 2021-015801 Begin Date (Date Received): Prepare file folder ❑ Assign Action ID Number in ORM ❑ 1. Project Name [PCN Form A2a]: McCord Road Industrial Site 2. Work Type: ❑✓ Private ❑ Institutional ❑ Government ❑ Commercial 3. Project Description / Purpose [PCN Form B3d and B3e]: The approximate 45.34 acre subject property is located at 11701 McCord Road in Huntersville, Mecklenburg County, North Carolina. The site is identified by Mecklenburg County Polaris 3G as Parcel Identification Number (PIN) 01102115. The site will be developed into an approximately 500,000+/- square feet industrial building with associated parking/drive areas, landscaping, lighting and stormwater management measures. As part of the town requirements, Seagle Road Extension will be 4. Property Owner / Applicant [PCN Form A3 or A41: McCord Development, LLC 5. Agent / Consultant [PNC Form A5 — or ORM Consultant ID Number]: Michelle Measday / ECS 6. Related Action ID Number(s) [PCN Form B5b]: NA 7. Project Location —Coordinates, Street Address, and/or Location Description [PCN Form Blb]: 11701 McCord Road, Huntersville NC 35.437645,-80.837667 8. Project Location— Tax Parcel ID [PCN Form B 1 a] : 01102115 9. Project Location— County [PCN Form A2b]: Mecklenburg 10. Project Location —Nearest Municipality or Town [PCN Form A2c]: Huntersville 11. Project Information — Nearest Waterbody [PCN Form 132a]: Ramah Creek 12. Watershed / 8-Digit Hydrologic Unit Code [PCN Form 132c]: 03040105 Authorization: Section 10 ❑ Section 404 ❑✓ Regulatory Action Type: ❑ Standard Permit Nationwide Permit # 39 Regional General Permit # Jurisdictional Determination Request Section 10 and 404 ❑ ❑ Pre -Application Request ❑ Unauthorized Activity ❑ Compliance ❑ No Permit Required Revised 20150602 DWR 11,10.1ms of ware. eesources Pre -Construction Notification (PCN) Form For Nationwide Permits and Regional General Permits (along with corresponding Water Quality Certifications) April 13, 2022 Ver 4.3 Please note: fields marked with a red asterisk * below are required. You will not be able to submit the form until all mandatory questions are answered. Also, if at any point you wish to print a copy of the E-PCN, all you need to do is right -click on the document and you can print a copy of the form. Below is a link to the online help file. https:Hedoes.deq.nc.gov/WaterResources/0/edoc/624704/PCN % 2OHelp / 2OFile / 202018-1-30.pdf A. Processing Information Pre -Filing Meeting Date Request was submitted on:* 4/13/2022 County (or Counties) where the project is located: Mecklenburg Is this a NCDMS Project* Yes No Click Yes, only if NCDMS is the applicant or co -applicant. Is this project a public transportation project?* Yes No This is any publicly funded by municipal,state or federal funds road, rail, airport transportation project. 1a. Type(s) of approval sought from the Corps: * Section 404 Permit (wetlands, streams and waters, Clean Water Act) Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) Has this PCN previously been submitted? Yes No 1 b. What type(s) of permit(s) do you wish to seek authorization? Nationwide Permit (NWP) Regional General Permit (RGP) Standard (IP) 1c. Has the NWP or GP number been verified by the Corps?* Yes No Nationwide Permit (NWP) Number: NWP Numbers (for multiple NWPS): List all NW numbers you are applying for not on the drop down list. 1d. Type(s) of approval sought from the DWR: check all that apply ♦ 401 Water Quality Certification - Regular Non-404 Jurisdictional General Permit Individual 401 Water Quality Certification 39 - Commercial/Institutional Developments le. Is this notification solely for the record because written approval is not required? For the record only for DWR 401 Certification: For the record only for Corps Permit: 1f. Is this an after -the -fact permit application?* Yes No 401 Water Quality Certification - Express Riparian Buffer Authorization Yes No Yes No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. • Yes No Acceptance Letter Attachment Click the upload button or drag and drop files here to attach document 12 McCord Road Industrial DMS Acceptance.pdf 275.25KB FILE TYPE MUST BE PDF 1 h. Is the project located in any of NC's twenty coastal counties? Yes No 1j. Is the project located in a designated trout watershed? Yes No Link to trout information: http://www.saw.usace.army.mil/Missions/Regulatory-Permit-Program/Agency-Coordination/Trout.aspx B. Applicant Information 1a. Who is the Primary Contact?* Tim Bassett 1c. Primary Contact Phone:* 1 b. Primary Contact Email: * pnn,ya„-,nnnr tbassett@wptreit.com (704)995-3963 1d. Who is applying for the permit?* ✓ Owner v Applicant (other than owner) (Check all that apply) 1e. Is there an Agent/Consultant for this project? Yes No 2. Owner Information 2a. Name(s) on recorded deed: McCord Development LLC 2b. Deed book and page no.: 36259 and 358 2c. Contact Person: (for Corporations) Tim Bassett 2d.Address* Street Address 150 South 5th Street Address Line 2 Suite 2675 City State / Province / Region Minneapolis MN Postal / Zip Code Country 55402 USA 2e. Telephone Number:* (704)995-3963 2f. Fax Number: 2g. Email Address: * tbassett@wptreit.com 3. Applicant Information (if different from owner) 3a. Name:* Tim Bassett 3b. Business Name: (if applicable) McCord Development LLC 3c. Address * Street Address 150 South 5th Street Address Line 2 Suite 2675 City Minneapolis Postal / Zip Code 55402 3d. Telephone Number:* (704)995-3963 3111. Email Address:* tbassett@wptreit.com 4. Agent/Consultant (if applicable) 4a. Nani Michelle Measday 4b. Business Name: (if applicable) ECS Southeast LLP 4c.Address* Street Address 5260 Greens Dairy Road Address Line 2 City Raleigh Postal / Zip Code 27616 4d. Telephone Number:* (919)441-2437 411. Email Address:* mmeasday@ecslimited.com C. Project Information and Prior Project History 1. Project Information State / Province / Region MN Country USA 3e. Fax Number: State / Province / Region NC Country USA 4e. Fax Number: (xxx)xxx-xxxx 1 a. Name of project: * McCord Road Industrial 1 b. Subdivision name: (if appropriate) 1c. Nearest municipality / town: Huntersville 2. Project Identification 2a. Property Identification Number: 2b. Property size: (tax PIN or parcel ID) (in acres) 01102115 45.34 2c. Project Address Street Address 11701 McCord Road Address Line 2 City State / Province / Region Huntersville NC Postal / Zip Code Country 28078 USA 2d. Site coordinates in decimal degrees Please collect site coordinates in decimal degrees. Use between 4-6 digits (unless you are using a survey -grade GPS device) after the decimal place as appropriate, based on how the location was determined. (For example, most mobile phones with GPS provide locational precision in decimal degrees to map coordinates to 5 or 6 digits after the decimal place.) U L^J L^J Latitude: * Longitude: * 35.437645-80.837667 ex: 34.208504-77.796371 3. Surface Waters 3a. Name of the nearest body of water to proposed project: Ramah Creek 3b. Water Resources Classification of nearest receiving water:* C Surface Water Lookup 3c. What river basin(s) is your project located in?* Yadkin-PeeDee 3d. Please provide the 12-digit HUC in which the project is located. 030501011401 and 030401050101 (impacts occur in this HUC) River Basin Lookup 4. Project Description and History 4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application:* The site is currently partially developed by Huntersville Hardwoods Inc., including multiple structures, asphalt, concrete, and gravel drive areas, as well as two railroad spurs. The eastern portion of the site is partially wooded. Surrounding land use includes commercial, industrial, transportation, and residential uses. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?* Yes No Unknown 4f. List the total estimated acreage of all existing wetlands on the property: 0.65 4g. List the total estimated linear feet of all existing streams on the property: (intermittent and perennial) 807 4h. Explain the purpose of the proposed project: * The site will be developed into an approximately 501,120 square foot industrial building and associated parking/drive areas. As part of the Town of Huntersville requirements, Seagle Road Extension will be developed through the site, which has direct access to McCord Road. A round -about is located at the site entrance with the road continuing north and west through the site connecting to Parr Road and Sam Furr Road, which are located north of the site. With regard to purpose and need. 31,000 jobs were added to the region in 2021. Despite supply chain bottlenecks and labor supply issues across the country, e-commerce sales were up 11 % during the 2021 holiday season and commanded an even larger share of total retail sales (20.9%) compared with the same period in 2020. This trend will continue to fuel the need for warehouse space as e-commerce and logistics firms target Charlotte to expand their foothold in the Southeast. Vacancy for warehouse space is at an historic low for the region at 2.5%. Extremely limited supply of new buildings continues to put pressure on rental rate growth and the need for new development to support the e-commerce and logistics demand for the region. There is a scarcity of industrial -zoned land in the greater Charlotte region, which makes this site and location very important to the overall market and supply chain. These infill locations like McCord Road will fill the void for modern distribution space to meet the needs of the local and regional community by supporting the efficient distribution of goods and services to the region via a safe, well located state-of-the-art facility that will also create local jobs and continue to spur economic benefits for the local community through the construction of the building and the operations of the site post -construction. 41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: Appropriate erosion control measures will be used while the site is prepared and leveled to the desired building elevation. Standard construction equipment such as cranes, excavators, dump trucks, and similar vehicles would be used for the project. Proper erosion and sedimentation control measures would be employed throughout the project. Typical materials and machinery will be used on -site during the construction process. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* Yes No Unknown Comments 5b. If the Corps made a jurisdictional determination, what type of determination was made?* Preliminary Approved Not Verified Unknown N/A Corps AID Number: Example: SAW-2017-99999 SAW-2021-01581 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Ron Johnson Agency/Consultant Company: ECS Southeast LLP Other: 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR. August 10, 2021 6. Future Project Plans 6a. Is this a phased project?* Yes No Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity? This includes other separate and distant crossing for linear projects that require Department of the Army authorization but don't require pre -construction notification. No D. Proposed Impacts Inventory 1. Impacts Summary 1a. Where are the impacts associated with your project? (check all that apply): Wetlands Streams -tributaries Buffers Open Waters Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. "W." will be used in the table below to represent the word "wetland". W1 2a1 Reason * (') Fill 2b. Impact type*(?) P 2c. Type of W. * Riverine Swamp Forest 2d. W. name* W1 2e. Forested* Yes 2f. Type of Jurisdicition * ��2g. Corps Impact area 0.157 (acres) W2 Fill P Seep W2 Yes Corps E�E�] 2g. Total Temporary Wetland Impact 0.000 2g. Total Permanent Wetland Impact 0.173 2g. Total Wetland Impact 0.173 21. 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. "S." will be used in the table below to represent the word "stream". 11 3a. Reason for impact* (?) 3b.lmpact type* 3c. Type of impact* 3d. S. name* 3e. Stream Type* 3f. Type of 3g. S. width* 3h. Impact ?) Jurisdiction* length* S1 Fill Permanent Fill S1 Intermittent Corps 2 205 Average (feet) (linear feet) S2 Fill Permanent Fill S3 Perennial Corps 117 Average (feet) pinearfeeq E Fill :::Permanent::] Fill S4 Intermittent Corps �24 Average (feet) pinear feet) ** All Perennial or Intermittent streams must be verified by DWR or delegated local government. 31. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 346 3i. Total temporary stream impacts: 0 31. Total stream and ditch impacts: 346 3j. Comments: S3 is 3.3 ft average width S4 is 0.5 ft average width Total: 788 SF or 0.0181 Ac streambed impacts E. Impact Justification and Mitigation 1. Avoidance and Minimization la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:* The purpose and need of the project include the development of an industrial site that provides key components for bulk warehousing and distribution. Other aspects of the site include central location, sufficient size for the proposed buildings, can be supported with current infrastructure, and is complimentary to the existing commercial and industrial properties that located in the general area. The site is also located in the vicinity of major interstate thoroughfares and access to the Charlotte Douglas International (CLT) International Airport. The selected site offers the following which was important to the intended use: 1. Preferred site location in the vicinity of 1-77, 1-85, 1-485 and 1-40 along major thoroughfares. The site is located within approximately 2 miles of 1-485, 14 miles of 1-85 and 25 miles of 1-40 via 1-77 and within 20 miles of Charlotte Douglas International (CLT) International Airport. 2. Utilities in place and or close to the site. The site requires electrical, gas, fiber, water, and sanitary sewer. Utilities are located within McCord Road. 3. The site is generally flat and was free of poor soils which is important to the feasibility of bulk warehousing/distribution projects. The site is generally flat and has a drainage divide through the center running in a north to south direction with the site draining to the west and east away from the divide. 4. A site was large enough to accommodate the site program and was controlled by a single landowner. Current industry standard is 500,000-SF for a warehouse/distribution building. The site proposes an approximately 500,000-SF warehouse building. 5. The site must provide good secondary road access to support the expected truck and employee traffic. McCord Road and proposed Seagle Street provide access to secondary roads, Sam Furr Road and Old Statesville Road. 6. A redevelopment site or a site that was relatively free of environmental features, streams, and floodplain, and/or features that would be amenable to large building footprints. The site has been previously developed and is generally clear of environmental features. The features are concentrated near the eastern site boundary. 7. The site is entitled/zoned to appropriately allow for the intended bulk warehousing/distribution. The proposed building and associated vehicular and truck parking, loading dock space and grading for stormwater basins generally avoid impacting streams and wetlands in the eastern most portions of the site. The proposed Seagle Street extension road will be a public road to connect McCord Road to Parr Road/Sam Furr Road and is required by Huntersville as part of this project. Grading associated with the road will result in the majority of impacts to wetland and stream resources. A shorter retaining wall (Alternative 1) was considered to protect wetland and stream features. Under the chosen alternative the retaining wall was extended to avoid some impacts to Wetland W1 and to Stream S3, which is a perennial stream. However, further extension of the retaining wall to protect the entire length of Stream S3 was not practicable from an engineering design standpoint due to its close proximity to a "pinch point" between proposed Seagle Road and a proposed stormwater basin. The depth and width of the building provides separation of vehicular and tractor trailer parking and movement with separate driveways. Separation of vehicular and tractor trailer movements provides safety for both operators. Fire safety requires full access to the building, which has been provided. Impacts to the wetland were minimized to the maximum extent practicable with grading at a 2:1 slope. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: * Impacts to the wetland and streams cannot be avoided with this project. Site disturbance shall be minimized to the extent practicable in order for the proper installation of the project elements. The construction techniques shall be conducted in accordance with NCDENR standards. Temporary and additional erosion control measures shall be maintained throughout the construction process. Silt fencing will be placed at the bottom of the slopes to deter sediment and erosion control during roadway development activities. Temporary erosion, sedimentation, and pollution controls will be installed prior to and maintained during the entire construction duration and until final stabilization is established. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? Yes No 2c. If yes, mitigation is required by (check all that apply): DWR Corps 2d. If yes, which mitigation option(s) will be used for this project? Mitigation bank Payment to in -lieu fee program Permittee Responsible Mitigation 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. • Yes No 4b. Stream mitigation requested: (linear feet) 4c. If using stream mitigation, what is the stream temperature: NC Stream Temperature Classification Maps can be found under the Mitigation Concepts tab on the Wilmington District's RIBITS website. u 4d. Buffer mitigation requested (DWR only): (square feet) 0 4f. Non -riparian wetland mitigation requested: (acres) 0.032 4h. Comments 4e. Riparian wetland mitigation requested: (acres) 0.314 4g. Coastal (tidal) wetland mitigation requested: (acres) 0 F. Stormwater Management and Diffuse Flow Plan (required by DWR) *** Recent changes to the stormwater rules have required updates to this section .*** 1. Diffuse Flow Plan la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? Yes No For a list of options to meet the diffuse flow requirements, click here. If no, explain why: State mandated riparian buffers do not apply to this basin or waterway. 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? Yes No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?* Yes No To look up low density requirement click here 15A NCAC 02H .1003(2). u 2c. Does this project have a Stormwater management plan (SMP) reviewed and approved under a state Stormwater program or state -approved local government stormwater program?* Yes No N/A - project disturbs < 1 acre Hint: projects that have vested rights, exemptions, or grandfathering from state or locally implemented stormwater programs or projects that satisfy state or locally -implemented stormwater programs through use of community in -lieu programs should answer no to this question. 2d. Which of the following stormwater management program(s) apply (check all that apply): Local Government State If you haves local government approval please include the SMP on their overall impact map. Local Government Stormwater Programs* Phase II NSW USMP Water Supply Please identify which local government stormwater program you are using.* City of Charlotte Comments: G. Supplementary Information 1. Environmental Documentation la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?* Yes No 2. Violations (DWR Requirement) 2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15A NCAC 2B .0200)? * Yes No 3. Cumulative Impacts (DWR Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality?* Yes No 3b. If you answered "no," provide a short narrative description. This project is a stand alone project with no future phases. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* Yes No N/A 4b. Describe, in detail, the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated at a treatment plant, list the capacity available at that plant. City of Charlotte 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or habitat?* Yes No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* Yes No 5c. If yes, indicate the USFWS Field Office you have contacted. Asheville 5d. Is another Federal agency involved?* Yes No 5e. Is this a DOT project located within Division's 1-8? Yes No 5f. Will you cut any trees in order to conduct the work in waters of the U.S.? Yes No 5g. Does this project involve bridge maintenance or removal? Yes No Link to the NLEB SLOPES document: http://saw-reg.usace.army.mil/NLEB/1-30-17-signed_NLEB-SLOPES&apps.pdf 5h. Does this project involve the construction/installation of a wind turbine(s)?** Yes No Unknown 5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.?* Yes No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?* NC NHP and USFWS IPaC. A concurrence letter was submitted with the information below. Carolina Heelsplitter: Description: The Carolina heelsplitter is a freshwater mussel which could measure up to 4.6 inches in length. Habitat: The Carolina heelsplitter requires cool, clean, well -oxygenated water. Stable, silt -free stream bottoms appear to be critical to the species. Typically, stable areas occur where the stream banks are well -vegetated with trees and shrubs. Conclusions: Tributaries, which originate onsite from slope seeps and stormwater runoff, do not have the potential to provide habitat for the Carolina heelsplitter as they are unlikely to supply viable habitat as the hydrologic stability varies from intermittent to perennial throughout their length. Therefore, ECS concluded the development will have no effect on the Carolina heelsplitter. Bald Eagle Description: Distinguished by a white head and white tail feathers, bald eagles are powerful, brown birds that may weigh 14 pounds and have a wingspan of 8 feet. Male eagles are smaller, weighing as much as 10 pounds and have a wingspan of 6 feet. Sometimes confused with golden eagles, Bald eagles are mostly dark brown until they are four to five years old and acquire their characteristic coloring. Habitat: Bald eagles live near rivers, lakes, and marshes where they can find fish, their staple food. bald eagles will also feed on waterfowl, turtles, rabbits, snakes, and other small animals and carrion. Bald eagles require a good food base, perching areas, and nesting sites. Their habitat includes estuaries, large lakes, reservoirs, rivers, and some seacoasts. In winter, the birds congregate near open water in tall trees for spotting prey and night roosts for sheltering. Conclusions: The site consists of industrial buildings, mowed turf, and undeveloped wooded land. Large bodies of water and a steady food support base are not present on the site. Additionally, bald eagles, eagles, or eagle nests were not observed during the site reconnaissance. Based on our knowledge and site observations, suitable habitat for the bald eagle is not located on site. Michaux's Sumac; Survey Window: May through October Description: Michaux's sumac is a low -growing, densely hairy, dioecious shrub, mostly 0.3 to 0.6 m tall. Leaves are pinnately compound with 7-13 leaflets that are coarsely toothed. Female plants produce erect clusters of greenish -yellow to white 4-5 parted flowers and conspicuous red drupes. Flowers from April to June. Fruits persist from August through September or October. Michaux's sumac is distinguished from other Rhus species by its small stature (mostly 0.3 to 0.6 m tall), 7-13 leaflets, and its overall pubescence (both the leaves and the stems are densely pubescent). In addition, the leaf rachis is often winged at the terminal portion of the leaf. Habitat: Michaux's sumac occurs in sandy or rocky open woods, sometimes in association with circumneutral soils. In the fall line sandhills region it occurs in submesic loamy swales. In the eastern Piedmont, it occurs on sand soils derived from granite. In the central Piedmont, it occurs on clayey soils derived from mafic rocks. In all of its habitats, Michaux's sumac is dependent upon some form of disturbance to maintain the open quality of its habitat. Periodic, naturally occurring fires provided such disturbance historically. Today, however, many of the Michaux's Sumac occurrences are in areas that are artificially disturbed, such as highway and railroad rights -of -way, pine plantations, edges of cultivated fields, and other cleared lands. Conclusion: The site does contain woodland edge along mowed turf/cleared area. Mowed turf is maintained to the woodland edge. ECS scientists penurmeu a raryereu survey arony L i iuresr euye wnnm ure ec Preu survey winnow anu uru nur uuserve any swneu sPea ur rvuundux s sumau onsite. The NHP database search did not identify Michaux's sumac within project boundaries or within a one -mile radius of the site. Schweinitz's Sunflower, Survey Window: late August to October Description: Schweinitz's Sunflower is a perennial herb that produces solitary stems, up to 2 m tall and bears yellow flower heads in late summer and early autumn. Habitat: Schweinitz's Sunflower occurs in clearings, and edges of, upland oak -pine -hickory woods and piedmont longleaf pine forests in moist to dryish sandy loams. The sunflower requires full to partial sun of an open habitat, which was formerly maintained over the species' range by wildfires and grazing by herds of bison and elk. Now most occurrences are confined to roadsides and powerline clearings. Conclusions: The site consists of industrial buildings, mowed turf, cleared area, and wooded land. The surrounding land use comprises private residences, commercial properties, and wooded lands. The site does contain potential suitable habitat for Schweinitz's sunflower, including mowed turf/open cleared areas, and woodland edges. The NHP database search did not identify Schweinitz's sunflower within project boundaries or within a one -mile radius of the site. A survey of woodland edge was performed in April 2021 and March 2022. The mowed turf/cleared area is aggressively maintained to the forest edge and highly disturbed. ECS scientists examined the field edges for sunflower species and none were identified. Therefore, ECS concluded that habitat does not exist on site for Schweinitz's sunflower and the project proposed for the site would have no effect on Schweinitiz's sunflower. Smooth Coneflower; Survey Window: late May through October Description: Smooth coneflower is a rhizomatous perennial herb, which grows to a height of about 1.5 m, with smooth stems, few leaves and pink to purplish flowers. This species flowers from May to mid -July and fruits from late June to September. Habitat: Smooth coneflower is formerly a plant of prairie -like habitats or oak -savannas maintained by natural or Native American -set fires. Now, primarily occurs in openings in woods, such as cedar barrens and clear cuts, along roadsides and utility line rights -of -way, and on dry limestone bluffs. Usually found in areas with magnesium- and calcium -rich soils. Requires full or partial sun. Conclusion: The NHP database search did not identify smooth coneflower within project boundaries or within a one -mile radius of the site. A targeted survey was performed in April 2021 and March 2022, no coneflowers were identified along the woodland edge. Based upon the aggressive maintenance of the mowed turf area and extensive disturbance observed onsite, ECS concluded that smooth coneflower specimens do not exist within the PSA. Northern Long-eared Bat Description: The northern long-eared bat (NLEB) is a medium-sized bat about 3 to 3.7 inches in length but with a wingspan of 9 to 10 inches. As its name suggests, this bat is distinguished by its long ears, particularly as compared to other bats in its genus, Myotis, which are actually bats noted for their small ears (Myotis means mouse -eared). Habitat: The northern long-eared bat is found across much of the eastern and north central United States and all Canadian provinces from the Atlantic coast west to the southern Northwest Territories and eastern British Columbia. This bat also been found, rarely, roosting in structures like barns and sheds, under eaves of buildings, behind window shutters, in bridges, and in bat houses. Foraging occurs on forested hillsides and ridges, and occasionally over forest clearings, over water, and along tree -lined corridors. Mature forests may be an important habitat type for foraging. Conclusion: The site contains wooded areas with potential for summer habitat. According to information reviewed on the USFWS — Asheville Field Office website, the project area is located outside consultation areas of Mecklenburg County; therefore, the proposed development is not likely to adversely affect this species. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat? * Yes No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat? NOAA Essential Fish Habitat Mapper 7. Historic or Prehistoric Cultural Resources (Corps Requirement) Link to the State Historic Preservation Office Historic Properties Map (does not include archaeological data: http_//gis.ncdcr.gov/hpoweb/ 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? * Yes No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* NC HPO Web Mapping 8. Flood Zone Designation (Corps Requirement) Link to the FEMA Floodplain Maps: hftps:Hmsc.fema.gov/portal/search 8a. Will this project occur in a FEMA-designated 100-year floodplain?* Yes No 8c. What source(s) did you use to make the floodplain determination?* FEMA MSC Mapping Miscellaneous u Comments Please use the space below to attach all required documentation or any additional information you feel is helpful for application review. Documents should be combined into one file when possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred. Click the upload button or drag and drop files here to attach document 1 ORM Form- McCord Industrial.pdf 36.81KB 2 Agent Authorization. pdf 64.97KB 3 MCCORD_FIGURE_1_VICINITY.pdf 1.99MB 4 MCCORD_FIGURE_2_TOPO.pdf 1010.42KB 5 MCCORD_FIGURE_6_WOTUS (REV 8-09-2021).pdf 1.02MB 6 Existing Conditions Plan.pdf 4.83MB 7 SAW-2021-01581 (signed AJD).pdf 1.36MB 8 Overall Site and Drainage Plan.pdf 8.81 MB 9 McCord Road Improvement Overall Site Plan.pdf 1.51 MB 10 ALT 1 MCCORD - SHORT RETAINING WALL WETLAND IMPACT EXHIBIT_2022.03.09.pdf 1.42MB 11 CHOSEN ALT MCCORD - EXTENDED RETAINING WALL WETLAND IMPACT EXHIBIT_2022.04.11.pdf 1.99MB 12 McCord Road Industrial DMS Acceptance.pdf 275.25KB 13 USFWS IPaC Response Letter 2022-March-21.pdf 219.37KB 14 NC NHP.pdf 1.04MB 15 NC HPO Web Mapping.pdf 380.34KB File must be PDF or KMZ Signature By checking the box and signing below, I certify that: • The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief; and • The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. • I have given true, accurate, and complete information on this form; • I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act'); • I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); • I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND • I intend to electronically sign and submit the PCN form. Full Name:* Michelle Measday Signature" M,chelle Measdal Date 4/13/2022 ECS SOUTHEAST, L L P "Setting the Standard for Service" -- Geotechnical • Construction Materials • Environmental • Facilities '` " " "' `""` Agent Authorization PropertylSite: McCord Road Address of Site: 11701 McCord Road Huntersville, NC 2BO78 Parcel Identification Number (PIN): 01102115A; 01102115B Owner Information: Name: McCord Development LLC Address: 150 South 5th Street, Suite 2675 Minneapolis, MN 55402 Telephone Number. 612-800-8502 Fax Number: E-mail Address tbasseft@wptreit.com Property Owner Certification: I, the undersigned, a duly authorized owner of record of the propertylproperties identified herein, do authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (USACE) and/ or the North Carolina Division of Water Resources (NCDWR) to enter upon the property herein described for the purpose of conducting on -site investigations and issuing a determination associated with Waters of the U.S. subject to Federal/State jurisdiction under Section 404 and 401 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899, 1 also authorize ECS to act in my behalf in the processing of this request and to furnish supplemental information in support of this request, including stream/wetland matters in coordination with the USAGE and the NCDR field verification and permit application: II Property Owner Signature: Date: ECS Capitol Services PUC • ECS Florida. LLC: • ECS Mid -Atlantic. LLC: • ECS Kd%vesl LLC • ECS Southeast LLP • ECS Texas MP www-er-Sllrnited Corti P Legend Project Study Area - M _t sine Or ifiLt� 111 G5 Gr=oason r'y •+v G5 frhar znatc • —:_ -- - _ Sem Furr Rq - _ - rr,rr :,r s � J � t z grhgtlg4 Ln % a S LasuoWry � a ❑ u n g4Yrq Cr A Mrih d Cannella CI ti AOa Xh q hWp � Cvmn umiq l=SrX - RicX�letl Gt FWn•,r -�,�� a n R "1 f� V OF � SPruel! 31 4 ptea! L` P pi,15 S,` O i 1y N� C C Holly Spltepl n, Q ` a u r' DearnrAfy a 5a eJg C h Arlp Aly KulamA Afy a ,� IYahef!font of 7114as Ah uwq Aly fe � ° 7Aor en Pu fe 5i Y caP1n' �w.afenr � {Spinner or a �l" Alkcn Stur^P5^'"i^ Rd m JYG 3'a Client: McCord Road Industrial a� y3° Project: McCord Industrial Projtect 11701 McCord Road Huntersville Mecklenburg County, North Carolina 1ra9ers h.0 r � - uksaen l r' n Fare Coe opt' s 0 500 1,000 2,000 Feet .ndet V` Title: SITE LOCATION MAP MECKLENBURG COUNTY Drawn By: Checked By MSM I RGJ Approved By: Date: WBF 04/19/2021 ECS Project No. 49:13604 FIGURE 1 Legend'' Project —Study —Area — :► - `7�' Client: McCord Road * x Industrial ■ � R I • •, J • � � ■ t,� � _ ¢ Project: _ A • � McCord Industrial Park ■ r �� • ■{ 11701 McCord Road •' R ]=� t Huntersville • , Mecklenburg County, North Carolina J,. x. ' Title: USGS j * ` TOPOGRAPHIC .. .' • WC MAP ' r DATED: 1996 CORNELIUS, NC '4 * PROJECT STUDY AREA t t i f r Drawn By: Checked By: MSM RGJ Approved By: Date: e =.101 WBF 12/12/2019 �. 8 + ■ � � r � ECS Project No. � 49:13604 0 500 1,000 2,000 FIGURE 2 Legend Project Study Area - — Tributaries Ephemeral Wetland Area Ephemeral Feature -510.14 Linear Feet L- (a)(2) Intermittent Stream S1 -204.28 Llinear Feet l� Text > A- A (a)(4) Wetland W1 abuts an (a)(2) -0.65 Acres Client: McCord Road (a)(2) Perennial Stream S3 Industrial -461.24 Linear Feet Project: (a)(2) Intermittent Stream S5 -89.14 Linear Feet McCord Industrial Park (a)(2) Intermittent Stream S6 11701 McCord Road -28.64 Huntersville Mecklenburg County, North Carolina (a)(2) Intermittent Stream S4 -23.94 Linear Feet WATERS OF THE U.S. 1. JURISDICTIONAL WATERS �! OF THE US WERE IDENTIFIED ��. BY ECS ON APRIL 2, 2021. f 2. FEATURES DEPICTED ON t THIS MAP HAVE NOT BEEN VERIFIED BY THE USACE AND NCDWR AND ARE SUBJECT TO CHANGE. 3. THIS MAP MUST BE USED FOR PRELIMINARY PLANNING PURPOSES ONLY. Drawn By: Checked By: .. MSM RGJ w. l Approved By: Date: 04/19/2021 WBF REV 8/9/202- 4 ECS Project No. 49:13604 r , 0 150 300 600 FIGURE 6 Feet S b ion low 1 a& @a x U ® 3 gg 3 n g® $ TWA Ov ��_ - � �-"tea-= =� - _ ��,; _r;__$'`_. ` � � --'"" s g'-' a `- �°a i �� `✓� �, p i za �t , ; a�`a h �k �d ti � a � � 86't}I � g' f��c�a ?'� `''�• ��� � R. � _--' 81 5� x 6�\�s s \ <�i� a9.. a � rr 6 b v � � /� S I f r • 3 .Ily �I �� � gg°$ i d . j.n �...� i -. � i� -�� � 1 �. - \..ilia°_E All hi ga3rn* I 00 O ___ _ @ �,- - A _V a's s is VA d• o- S11v '�` o e �# a >> -_- _ _`. 3 „w 5:' 35 5. 5• .x � �/ �eS e`c .n ap° � a 8 $ _ _ °S ` •" � , � a �_ \'�' � a � aka 1 gyWIT 'a °� 1 o-y R '" 41 �S'w_ z ate.>g>�p6s BENsgadi: � i # ri � °' _ 3 $too a, kk _.._._.._.._. � � h � �—__—__—__—__--___—__=__—__—__— i. a wwr s-al a• a � �'°°'°u arr,zr,oa.,""- _-�:.__> 9 �� �I ms, s��s�"���v,�?���:@ .d'a°ax°••^'� .i' i �=r3 i �sa i � _�__ 5 J,RI : z °, seCp6 — _ I j SAW-2021-01581 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2021-01581 County: Mecklenburg U.S.G.S. Quad: NC -Cornelius NOTIFICATION OF JURISDICTIONAL DETERMINATION Requestor: McCord Development, LLC Tim Bassett Address: 150 South 5th Street, Suite 2675 Minneapolis, MN 55402 Telephone Number: 612-800-8502 E-mail: tbassettAwptreit.com Size (acres) 45.34 Nearest Town Huntersville Nearest Waterway Ramah Creek River Basin Upper Pee Dee USGS HUC 03040105 Coordinates Latitude: 35.437645 Longitude:-80.837667 Location description: The review area is located on the north side of McCord Road; approximately 0.1 miles east of the intersection of McCord Road and Old Statesville Road. PIN: 01102715. Reference review area description shown in the Jurisdictional Determination Request package entitled "Figure 1, Site Location Mad' and dated 04/19/21. Indicate Which of the Following Apply: A. Preliminary Determination ❑ There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The waters, including wetlands have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. The approximate boundaries of these waters are shown on the enclosed delineation map dated DATE. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. ❑ There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the waters, including wetlands have not been properly delineated, this preliminary jurisdiction determination may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an effective presumption of CWA/RHA jurisdiction over all of the waters, including wetlands at the project area, which is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters, including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. B. Approved Determination ❑ There are Navigable Waters of the United States within the above described project area/property subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ® There are waters, including wetlandson the above described project area/property subject to the permit requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ We recommend you have the waters, including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. SAW-2021-01581 ❑X The waters, including wetlands on your project area/property have been delineated and the delineation has been verified by the Corps. The approximate boundaries of these waters are shown on the enclosed delineation map dated 8/9/2021. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. ❑ The waters, including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below onDATE. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ There are no waters of the U.S., to include wetlands, present on the above described project area/property which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (LAMA). You should contact the Division of Coastal Management in Morehead City, NC, at (252) 808-2808 to determine their requirements. Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or placement of structures, or work within navigable waters of the United States without a Department of the Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Bryan Roden -Reynolds at 704-510-1440 or bryan.roden-reynolds(&usace.army.mil. C. Basis For Determination: Basis For Determination: See the approved jurisdictional determination form dated 8/10/2021. D. Remarks: None E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and Request for Appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Mr. Philip A. Shannin Administrative Appeal Review Officer 60 Forsyth Street SW, Floor M9 Atlanta, Georgia 30303-8803 AND PHILIP.A. SHANNIN(&USACE.ARMY.MIL In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by 10/03/2021. **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.** Bryan Roden -Reynolds Corps Regulatory Official: 2021 n8 1 n 1 1.20:46 _nn'W SAW-2021-01581 Date of JD: 8/10/2021 Expiration Date of JD: 08/03/2026 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete our Customer Satisfaction Survey, located online at https://re ulatory.ops.usace.anny.mil/customer-service-survey/. Copy Furnished: 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.anny.mil/cm_apex/f?p=136:4:0 Copy furnished: Agent: ECS Southeast, LLP Ron Johnson Address: 1812 Center Drive, Suite D Charlotte, NC 28217 - Telephone Number: 704-995-3963 E-mail: rgiohnsonAecslimited.com NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: McCord Development LLC, Tim Bassett File Number: SAW-2021-01581 Date: 8/10/2021 Attached is: See Section below ❑ INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A ❑ PROFFERED PERMIT (Standard Permit or Letter of permission) B ❑ PERMIT DENIAL C ❑X 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 information may be found at or http://www.usace.g.M.mil/Missions/CivilWorks/Re ugulatoryProgramandPennits.aspx or the Corps regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision and/or the If you only have questions regarding the appeal process you may appeal process you may contact: also contact: District Engineer, Wilmington Regulatory Division MR. PHILIP A. SHANNIN Attn: Bryan Roden -Reynolds 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.SHANNINgUSACE.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 appeal process. You will be provided a 15-day notice of any site investigation, and will have the opportuni to participate in all site investi ations. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: Bryan Roden -Reynolds, 69 Darlington Avenue, Wilmington, North Carolina 28403 For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Philip Shannin, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 U.S. ARMY CORPS OF ENGINEERS REGULATORY PROGRAM APPROVED JURISDICTIONAL DETERMINATION FORM (INTERIM) NAVIGABLE WATERS PROTECTION RULE I. ADMINISTRATIVE INFORMATION Completion Date of Approved Jurisdictional Determination (AJD): 8/10/2021 ORM Number: SAW-2021-01581 Associated JDs: N/A Review Area Location': State/Territory: NC City: Huntersville County/Parish/Borough: Mecklenburg Center Coordinates of Review Area: Latitude 35.437645 Longitude-80.837667 II. FINDINGS A. Summary: Check all that apply. At least one box from the following list MUST be selected. Complete the corresponding sections/tables and summarize data sources. ❑ The review area is comprised entirely of dry land (i.e., there are no waters or water features, including wetlands, of any kind in the entire review area). Rationale: N/A or describe rationale. ❑ There are "navigable waters of the United States" within Rivers and Harbors Act jurisdiction within the review area (complete table in Section II.B). ❑x There are "waters of the United States" within Clean Water Act jurisdiction within the review area (complete appropriate tables in Section II.C). ❑x There are waters or water features excluded from Clean Water Act jurisdiction within the review area (complete table in Section II.D). B. Rivers and Harbors Act of 1899 Section 10 (§ 10)2 10 Name § 10 Size § 10 Criteria Rationale for § 10 Determination N/A. N/A. N/A N/A. N/A. C. Clean Water Act Section 404 Territorial Seas and Traditional Navigable Waters a 1 waters :3 a 1 Name a 1 Size a 1 Criteria Rationale fora 1 Determination N/A. N/A. N/A. N/A. N/A. Tributaries a 2 waters): (a)(2) Name (a)(2) Size (a)(2) Criteria Rationale fora 2 Determination Tributaries 344 linear (a)(2) Intermittent characteristics were verified through 1 and 4-6 feet Intermittent site photographs and NCDWQ Stream tributary Identification Forms, Version 4.11. contributes surface water flow directly or indirectly to an (a)(1) water in a typical year. Map(s)/figure(s) are attached to the AJD provided to the requester z If the navigable water is not subject to the ebb and flow of the tide or included on the District's list of Rivers and Harbors Act Section 10 navigable waters list, do NOT use this document to make the determination. The District must continue to follow the procedure outlined in 33 CFR part 329.14 to make a Rivers and Harbors Act Section 10 navigability determination. s A stand-alone TNW determination is completed independently of a request for an AJD. A stand-alone TNW determination is conducted for a specific segment of river or stream or other type of waterbody, such as a lake, where upstream or downstream limits or lake borders are established. A stand-alone TNW determination should be completed following applicable guidance and should NOT be documented on the AID Form. Page 2 of 2 Form Version 10 June 2020_updated U.S. ARMY CORPS OF ENGINEERS REGULATORY PROGRAM APPROVED JURISDICTIONAL DETERMINATION FORM (INTERIM) ® NAVIGABLE WATERS PROTECTION RULE Tributaries a 2 waters): (a)(2) Name (a)(2) Size (a)(2) Criteria Rationale fora 2 Determination Tributary 3 461 linear (a)(2) Perennial Perennial characteristics were verified through feet tributary site photographs and NCDWQ Stream contributes Identification Forms, Version 4.11. surface water flow directly or indirectly to an (a)(1) water in a typical year. Lakes and ponds, and impoundments of jurisdictional waters a 3 waters): a 3 Name a 3 Size a 3 Criteria Rationale fora 3 Determination N/A. N/A. I N/A. N/A. N/A. Adjacent wetlands ((a)(4) waters): a)(4) Name (a)(4) Size (a)(4) Criteria Rationale fora 4 Determination Wetland W1 0.65 acre(s) (a)(4) Wetland Wetland W1 abuts a perennial and numerous abuts an (a)(1)- intermittent stream channels. (a)(3) water. D. Excluded Waters or Features Excluded waters b)(1) — b 12 :4 Exclusion Name Exclusion Size Exclusions Rationale for Exclusion Determination Ephemeral 1 510 linear (b)(3) Ephemeral NCDWQ Stream Identification Form, Version feet feature, 4.11 scored (11.5) this feature as a low including an ephemeral channel. In addition, site ephemeral photographs verified this channel stream, swale, demonstrates typically characteristics of an gully, rill, or ephemeral channel in the Piedmont region. pool. III. SUPPORTING INFORMATION A. Select/enter all resources that were used to aid in this determination and attach data/maps to this document and/or references/citations in the administrative record, as appropriate. ❑x Information submitted by, or on behalf of, the applicant/consultant: Figures 1-6 This information is sufficient for purposes of this AJD. Rationale: N/A ❑ Data sheets prepared by the Corps: Title(s) and/or date(s). ❑x Photographs: Aerial and Other: Figure 1, Site Location Map (Dated 04/19/21), Figure 6, Waters of the U.S. (Dated 08/09/21) and Photographs 1-9 ❑ Corps site visit(s) conducted on: Date(s). ° Some excluded waters, such as (b)(2) and (b)(4), may not be specifically identified on the AJD form unless a requestor specifically asks a Corps district to do so. Corps districts may, in case -by -case instances, choose to identify some or all of these waters within the review area. s Because of the broad nature of the (b)(1) exclusion and in an effort to collect data on specific types of waters that would be covered by the (b)(1) exclusion, four sub- categories of (b)(1) exclusions were administratively created for the purposes of the AJD Form. These four sub -categories are not new exclusions, but are simply administrative distinctions and remain (b)(1) exclusions as defined by the NWPR. Page 2 of 2 Form Version 10 June 2020 updated U.S. ARMY CORPS OF ENGINEERS REGULATORY PROGRAM APPROVED JURISDICTIONAL DETERMINATION FORM (INTERIM) NAVIGABLE WATERS PROTECTION RULE ❑ Previous Jurisdictional Determinations (AJDs or PJDs): ORM Number(s) and date(s). 0 Antecedent Precipitation Tool: provide detailed discussion in Section 111.B. 0 USDA NRCS Soil Survey: Figure 3, USDA-NCRS Soil Survey Map (Web Soil Survey of Mecklenburg County) 0 USFWS NWI maps: Figure 4, USFWS National Wetland Inventory (USFWS NWI Mapper) 0 USGS topographic maps: Figure 2, USGS Topographic Map (7.5-minute quadrangle Cornelius, NC) Other data sources used to aid in this determination: Data Source select Name and/or date and other relevant information USGS Sources N/A. USDA Sources N/A. NOAA Sources N/A. USACE Sources N/A. State/Local/Tribal Sources NCDWQ Stream Identification Forms, Version 4.11 Dated 04/02/21 Other Sources Figure 5, FEMA Flood Ma National Flood Hazard Layer) B. Typical year assessment(s): The consultant (i.e., ECS) conducted a site visit on 04/02/21. The Antecedent Precipitation Tool was used for this date and determined the site was under wetter than normal conditions. C. Additional comments to support AJD: See Section II(D)Excluded Waters or Features for further analysis on Ephemeral 1. Page 2 of 2 Form Version 10 June 2020_updated U)FLU Z ZZ � p •i WLLO W U Z W U)QRd o z w U, D 0 mQ CoO J C\j LLJ CL Z cDC/5 } LU c � �' = C) W = pwx CL 0Wxx x¢z V= -o = a o Q H C) w=mow a�� �— ) a) z LL 0 oL0 DaLU0�¢ 2�W W (n H 0 .. N 2 W x U Q 2 L. L 7j = a d c :a; DHWLL , WU)WC]U 2WCc U a Oao NH>Z0 rMU-O_ Z �Q Lo (.0 co U) U) C/) ( coz CV co (o +- CD (n LL C N C C N �LL NU- I N F= ca E M J C i (D a) i J a) C a) C N CD (z� cz0000 (�N coN 2 i 1 G co am U)a) a) LL .co a) E � � J C 00 N N C) z co a) Q "a 41) Q 7- N _0 U m E C m x (1) L 0- w � INXI J � V O N N_ 0 00 mo W 0 o ? d O cfl W 'o M r � m a N O a U)N m W LL O N a) O LL Q x lw x i� IL 1 � � A lea t tti un, CD LL cor L LQ) m Er CD CD Q Lo UJ t A i \ \ Z 0 . 00 \NO O \ N—• rt O co `'a z \ 0 Easement 20 Spur Track 57 \ p.g. 2823, PG. I \ T I N I « M \ I I�J \ lb� v � � 1 � I • I FE ♦ I In 0 I F � FR ♦ FRS ) ♦ A"� 1 �• IIII,,,�IIII.,I�,�I� IIII � � r I in —RE Ili►, ��t / J �� "'' •m•,I fit' OVA /•�� ` �/ �' �� � i ICI .Y tl' • ///// 1 I I FL4W/A4,WA Igg �.:wpow � I''�il ��.�� � - ate✓% � !/1,����.L Oil ggrgw - t �� 1 - •• LO 0 N N N � z w� z LU • LL •ijI �Z¢ $ 2 0 LU 0 V �0 z N a �r v ® PE SEAL: e � ® o 0 \ SEAL r S 33996 •'•;LNG I Nl F ® c •••...••• 04/06/2022 Fq Pond Easement p g• 33862, PG. 539 60 0 60 PROJECT SUMMARY SCALE: 1 " = 60' PROJECT NAME: MCCORD ROAD INDUSTRIAL OWNER/DEVELOPER: WPT MANAGEMENT TRS, LLC 150 S 5TH STREET, SUITE 2675 MINNEAPOLIS, MN 55402 PLANS PREPARED BY: OAK ENGINEERING, PLLC TAX PARCEL NUMBERS: 01 1-021-15 ZONING: SP (SPECIAL PURPOSE DISTRICT) JURISDICTION: HUNTERSVILLE WATER SUPPLY WATERSHED: N/A / RECEIVING WATERS: RAMAH CREEK RIVER BASIN: CATAWBA FEMA INFORMATION: MAP NO. 3710465100K MAP DATE: 1 1 /16/201 8 FLOOD ZONE: OUT LOT SIZE: +45.4884 ACRES BUILDING TYPE: WORKPLACE /j BUILDING USE: (LIGHT MANUFACTURING / OFFICE) TENANTS ARE UNKNOWN AT THE TIME OF PERMITTING CONSTRUCTION DATES: 6/1 /22 - 4/1 /23 DENUDED AREA: 44.0 ACRES EXISTING BUA: 902,998 SF / EXISTING BUA TO REMAIN: 0 SF PROPOSED NEW BUA: 1,1 30,817 SF /1 PROPOSED % BUA: 57.06% / TOTAL POST -PROJECT BUA: 1,1 30,817 SF DENSITY: HIGH - E_= L z / J ry Q U PARKING REQUIREMENTS = LL_ VEHICLE PARKING 0 BUILDING SIZE• 627 000-SF 1482 790 SF WAREHOUSE I 144 210 SF OFFICE 23°/ ) Z V SCALE: 1 " = 2,000' ° Q J REQUIRED PARKING: WAREHOUSE (1 SPACE / 4,000 SF) = 121 SPACES ae= Q OFFICE (1 SPACE / 500 SF) = 289 SPACES V) 410 TOTAL SPACES REQUIRED PER CODE O Z Z PROVIDED PARKING: 415 SPACES (INCLUDING 4 STANDARD ACCESSIBLE SPACES 0 O Z AND 4 VAN ACCESSIBLE SPACE) Q U W OOW UmZ W 0 O w a J Cie � LU 0 LJJ J J N LU 0 V 8\ ADA PARKING INSET (WP) SCALE: 1 - 10' SITE LIGHTING NOTES 1. SEE ARCHITECTURAL PLANS FOR PHOTOMETRIC STUDY AND LIGHTING DETAILS. PAVEMENT HATCH LEGEND LIGHT DUTY ASPHALT HEAVY DUTY ASPHALT CONCRETE PAVEMENT PAVEMENT SECTIONS it LIGHT DUTY ASPHALT a HEAVY DUTY ASPHALT HEAVY DUTY CONCRETE a �a 0 0 0 a a - n z 00 � — O III — �o O O CLn — —I J11 JJ III—III=1—I IL= — LLI - -kSEI BC SB SC ASPHALT SURFACE COURSE (S9.5B) m p M IC INTERMEDIATE COURSE (119.0113) w O M BC AGGREGATE BASE COURSE 0 � N LL SIB COMPACTED SUBBASE C2 m O° • 0 wz� LO NOTES: 1. CONFIRM WITH GEOTECHNICAL ENGINEER FOR PAVEMENT SECTIONS AND SUBGRADE. NOTIFY (� Q w W w ENGINEER IN CASE OF CONFLICT. w 0 U O cn 2. PROVIDE CONSTRUCTION JOINTS PER ACI AND/OR GEOTECHNICAL ENGINEER RECOMMENDATIONS (CONCRETE PAVEMENT ONLY). �`\ �V N � I /� • / J \ \\ \ \ : \ SEE SHEET C8.10 FOR CONTINUATION OF STORM DRAINAGE SYSTEM I 8>a CB-E2•A7 . EAST BMP-2 820 , DRY DETENTION POND ' / 11 , '1•I � OS � a / CB-W.B2 �� 8 CB-E2.A5 Is,\ „8 78 i N \� CB-E2.A4 IIIiL /00/ e 80 oa• �� / / / •- .,/ a°a �C' CB-E2.A3 / 807 CB-W.B1 \ .. ■ I I / \ / f GCB-E2.B1 / I �� c cn / °A a c � � � k• � I \ m WALL OUTLET - W WEST BMP / �;;;. �° o�'' • A, I / o \ WET POND r` • l \I I / \ / I I D �� v / . / , \ Easement \ 2G, Spur Track 57Sefne/ 19 ,19 $ f CB-W 1 ' `. 23 PG. ao , , , • I \ . _ . // fi�i //'/i,�// / �`• {('• ••• •.� \ / ° ° --� \ \� I p woo 1 I I ^ ^ ^ ^ / Of POND pond Easement 39 D.B. 33862, P— cb SEE SHEET C8.10 FOR CONTINUATION �t `.'(•+-. SEE SHEET C8.10 FOR CONTINUATION OF STORM DRAINAGE SYSTEM ' •• , I �q CB-E.2D1 / OF STORM DRAINAGE SYSTEM •\ rn �11,,,11;111 �8m'a.,//,f f •+1a•8: •I •••�• ° � �Q' ° ••v •' �Y8 •'••' `co �� ° ° � ` \�•. w . I � O Vo � /. I S11;1 'IV \ 1 I '� 111 /i''/'4f 01 ,' •'~ ' ° O •� ° 'c ;�, . ,. oAR o, y d11'/ 4 CB grcy` FFc4� O 00 h �� : .. CB Xb 1 1 \ 0a � I0. o III 1 \ I e 'g,,�; •' '• s / ° ° .+• .. 3 \ 1 1gb1a 1a 19'S III I •• � / ° CB-WA3 .\' \.\ Q. '..: • CB-E1.A4 IA •, •�' � • / ` � 793 �92 191 � III / � • • . • \.\ ° � . �• •.: • � ^� � � °, ° i \ \ / sos .. I ' : 4 .: ' 6 AK / EAST BMP-1 a a .• � DRY DETENTION POND 1 5 ' i w 9 • 36" 7 I I �I \ •�.I �oe .110000 3 10, I8'� • - o / • a�6 all � • ✓ �" O I g.. e .: \• : •, . • 4 � anti 1 � / / � M�>, �� I Q I I w •' 1 ', cb / CB-E 1.A7 11 a,a t 50' 50'IN i � I B/ • +• 07 0 0 / / Q CB-E 1.A8 810—� g� �1 a a Q n a 1• / V 0 0 811 � 8 a w 1 / 81 oa � Nop op I \ 807 .00 811� oo�j \ 15 1 / 11 , 809 Iuu e w o 10• 6„ / G / \ 0 R p P , INE oCOO / I _•� �, ,' R�� MEORP � E SIP'-°ORo I I� / �R1 I I I I I I _ b I .—•�— _ __ /R�� ° III I IN �_ — Ashl PP I I I II I I II I II V f� 0 N N N � Z u� a �z C� LLJ Ll[ 7 c] Z O Z ❑ o Z �� 01D LL a PE SEAL: O�.•FESS1��:7' SEAL r i 33996 ,•,,,,��" 04/06/2022 60 0 60 SCALE: I" = 60' Z J Z O Q V � W Oz (DQ J Q � J � OZ!E Oz V �u OLu �mz � 0 owl C)d `J`,, r Y V Lu ::E Z STORM DRAINAGE NOTES w — Q J 1. THE PURPOSE OF THE STORM DRAINAGE EASEMENT (SDE) IS TO PROVIDE STORMWATER J CONVEYANCE. BUILDINGS ARE NOT PERMITTED IN THE EASEMENT AREA. ANY OTHER OBJECTS t> WHICH IMPEDE STORMWATER FLOW OR SYSTEM MAINTENANCE ARE ALSO PROHIBITED. 0e (ADD AS NOTE STATING WHO IS RESPONSIBLE FOR THE EASEMENT) LU 11 2. "AS -BUILT" DRAWINGS AND PLANS OF THE STORM DRAINAGE SYSTEM, INCLUDING DESIGNED DITCHES, MUST BE SUBMITTED PRIOR TO SUBDIVISION FINAL INSPECTION TO THE _ COUNTY ENGINEERING DEPARTMENT IN ACCORDANCE WITH THE SUBDIVISION ORDINANCE. 3. AS-BUILTS FOR ALL APPLICABLE DETENTION STRUCTURES AND BMP MEASURES ARE REQUIRED. AS-BUILTS ARE TO INCLUDE LATITUDE AND LONGITUDE FOR CENTER OF MEASURE, AND INLETS AND OUTLETS OF ALL STRUCTURES. ELEVATIONS ARE REQUIRED FOR ALL MEASURES AS WELL AS DIMENSIONS OF ALL MEASURES. 4. PRIOR TO INSTALLATION, PE SEALED SHOP DRAWINGS FOR UNDERGROUND DETENTION SYSTEMS AND OUTLET RESTRICTION DEVICES MUST BE FURNISHED TO LUESA FOR APPROVAL. HUNTERSVILLE GRADING & EC NOTES 1. INSPECTIONS SHALL BE CONDUCTED AS PRESCRIBED BY THE MAINTENANCE COVENANT. ADDITIONAL INSPECTIONS MAY BE CONDUCTED BY THE MECKLENBURG COUNTY LAND USE AND ENVIRONMENTAL SERVICES AGENCY ON ANY REASONABLE BASIS, INCLUDING BUT NOT LIMITED TO: ROUTINE INSPECTIONS; RANDOM INSPECTIONS; INSPECTIONS BASED UPON COMPLAINTS OR OTHER NOTICE OF POSSIBLE VIOLATIONS; INSPECTIONS OF DRAINAGE BASINS OR AREAS IDENTIFIED AS HIGHER THAN TYPICAL SOURCES OF SEDIMENT OR OTHER CONTAMINANTS OR POLLUTANTS; INSPECTIONS OF BUSINESSES OR INDUSTRIES OF A TYPE ASSOCIATED WITH HIGHER THAN USUAL DISCHARGERS OF CONTAMINANTS OR POLLUTANTS OR WITH DISCHARGES OF A TYPE WHICH ARE MORE LIKELY THAN THE TYPICAL DISCHARGE TO CAUSE VIOLATIONS OF STATE OR FEDERAL WATER QUALITY STANDARDS OR THE NPDES STORM WATER PERMIT; AND JOINT INSPECTIONS WITH OTHER AGENCIES INSPECTING UNDER ENVIRONMENTAL AND SAFETY LAWS. INSPECTIONS MAY INCLUDE, BUT ARE NOT LIMITED TO: REVIEWING MAINTENANCE AND REPAIR RECORDS; SAMPLING DISCHARGES, SURFACE WATER, GROUNDWATER, AND MATERIAL OR WATER IN BMPS; EVALUATING THE CONDITION OF BMPS AND STORM WATER MANAGEMENT PRACTICES. 2. RIGHT -OF -ENTRY FOR INSPECTION. WHEN ANY NEW BMP IS INSTALLED ON PRIVATE PROPERTY, THE PROPERTY OWNER SHALL GRANT TO THE MECKLENBURG COUNTY LAND USE AND ENVIRONMENTAL SERVICES AGENCY THE RIGHT TO ENTER THE PROPERTY AT REASONABLE TIMES AND IN A REASONABLE MANNER FOR THE PURPOSE OF INSPECTION. THIS INCLUDES THE RIGHT TO ENTER A PROPERTY WHEN THE MECKLENBURG COUNTY LAND USE AND ENVIRONMENTAL SERVICES AGENCY HAS A REASONABLE BASIS TO BELIEVE THAT A VIOLATION OF THIS REGULATION IS OCCURRING OR HAS OCCURRED, AND TO ENTER WHEN NECESSARY FOR ABATEMENT OF A PUBLIC NUISANCE OR CORRECTION OF A VIOLATION OF THIS REGULATION. GRADING LEGEND EXISTING CONTOUR — —100— PROPOSED CONTOUR 1100 PROPOSED LIMITS OF CONSTRUCTION roc roc PROPOSED STORM DRAINAGE EASEMENT SDE SDE Z O PROPOSED SPOT ELEVATION (GUTTER LINE ELEV) 100.00Lu vi Lu PROPOSED JUNCTION BOX • PROPOSED CATCH BASIN . PROPOSED DROP INLET 0 PROPOSED FLARED END SECTION , ~ m O O M PROPOSED OUTLET STRUCTURE C�}m O O m ` o PROPOSED HEADWALL J Zse (� Q w W w w0U 0 Io � PROPOSED RIPRAP APRON �� a MEN Z w w r�U d z w s 3i siisHi osos ~ O in w a S� 5;a=¢ice\NPI�'eO3.Wa 011'1N3V4Z4; O1030H Z _ZJg a o O pg 1 O _ _ _- Q N W x q�N a S -idi�i VNIIOiItl0Hl?ON'3lllnSi131N H W �B LsnaNi ado a�o30w o kill °le�m ell O 008"9s 1 z g GPV � _ z _ m fig IN \\ a a \ \ \ oil a 3�3 V4 \ o - - \ \ h _ n2� \ & ` 35 QYem k Soo of dk�ek % g i ; a�p a� m x 3 p ��_a =-�: � o� \ a s oz _W gas£ a a W�rN� o _ tee o pa � gym_ k a sa ema zb a .a `s ga< as sego p ="skis i G z z F p o mU rc �'ka ab e Y Y 02 '06°0 ? \�( odd '< F. £ H `-w zp k. N. \ w ml �-.a.a;W?�<B�e:£& ''so � � ��$ r gWSbRd 1g���om p a Nk=�,�� oun j s w H Q LL r a o a ism I LL p p o Wz balm v= 3 2,��"z S + 5W B h s END ND H W 3< O �3 sa 1s" Wm��=akrm <se ��� 2 UI ryLL .p =ado g x $ s _ , �W�N�aska gas ��=oe<m say o = o ash a p 3Nffip NI as=" Wa Ill d �kyii ka, aF �; aim ��se a°� 1211 —O�m z- o o=a € - 33 M 4 < z _ oo 1U - z -lull 11 il Hull oa — I oWa ob Foos zm zo ¢� �5" i3 >w�win EQ kS B'mG 88„ r I has we! lost �m �aw oo°w ow sill W n51 ommnmm �nmmm mama zaaa 1 I a �&¢��� S YI YI In I 11 11 11LIP I 11 �LMP I I YI I. LI CM Ilk Il GW \ 1 1, � �� �N off' �� \\P I ro G, v I� N / 8 0 % / I N 4 IR I \ o CQ �V 3/4"Cb EIR v PO -) / oAX - . '� �: + + + # .i NIR \ / ��. I ..####► Pond ase 9 33862o. , PG 53 .a #### ## s• ° / V+#### # i++++*+ ! I " �' , •, • .• L + + + + + + +� P � � • � . ° � \ _ pry , ----- - / :'. •' o I / .# ##* *#*#*+*+*+*+*+*+***** i++++++++++++++* I • ii • I � \ # # # # +/ 4 4 4 # # # 4 # # # 4 4 4 4 # # ent#++######## \ 2p Spur Track 57 I ° �\ 1 1 I «++*#*#*#*#*#+*+++++*#*# +++++# Easem / ++#### ##########, pB 3 282PG /j - \ """*'++**'**# ' PROPOSED PUBLIC ROAD / +++++++ +++++++. +++++++++ ++ + + + + + **� +.:.i.++*#*+ +*+*+*+� / 1�2 EIR • .. „ . �,y` 1+++ ++++ 1+ + ++++ �\ �ry \`• '4 y;• ° ° STREAM S 6 IMPACT: 27 LE I I �+�*�*�*�* ,. \� \ \ > /v •' - 56 SE (0.0013) ACRES PROPOSED RETAINING WALL • 11 \ . . ° STREAM F I \ \ \ - . • ... S 1 IMPACT. 2 0 5 \ #, + +++ +++++++++ \� 8' o `•' ''. ° 404 SF (0.0093) ACRES + +++ ++++++++ # \ \ ..�... . # .. # # # WETLAND I M PACT AREA 2 #+" #++ ###+ # +++ ######### ::: ++ ::::::: 705 SF (0.016) ACRES ### +++#### 1 �� ,/ '• � «a �. '�•, `• 'a• •. ° o ••`•••:a '••;•'., •ate • \ I •' i �fi��*+ � � / I WETLAND IMPACT AREA #1 8,292 SF (0.190) ACRES l STREAM S3 I M PACT: 182 LF f / 4 • 597 SF 0.0137 ACRES �8 I f STREAM S4 IMPACT: 24 LF / \ E •` ° ° 48 SF (0.001 1) ACRES 1 .. • :. • . '. :, •„•' �• ° ° •• ••: r• s, � � � � � 1 �� EIR N ITY MAP SCALE: 1 " = 2,000' /o 90 Age \'� , \ 0100, oo 1 o •r / G 82 Q —� to) o f 1.11 0 N N O N Z Z w — �� 0 W f V w Q J L V w Z � Z Q 0z o �p 0 LLI (� 0 v Z �0 0 0, w 0Z PE SEAL: R 0'. �® �O�ESS ��•.•� ��; SEAL S 045345 50 0 50 SCALE: 1 " = 50' ao Z J O W Q O o O O Z OJT U J a �>� Lu z W V V J w N m w CoCox Lu Lu _ Z Q Lu V) U W wo= LL 0 OLu V � N I \ N I I N \ N I i N I I I j G� N I / \ In / / cn i 0 N I V S a •` \ n �. �801 ^ \ y a �' / / �O�0Qj 1 \ Track Easement 20' Spur 2823 PG. D•B 01 '•';�;;;%' J ; 60 Ilk ol 1 ,11,1,E ��'//' • �\•••;'••• . • CSC • ♦, „ • z I 10� 10h 00 OD � •., : .•• , E ICI ` '' `• '" O \ a • v• ' � IER I V 808 LMP I I I ACM I Gw LMp I I I I / I4b`�\\ /� 1 84 8j5 8j6 I _ 82v I =8 \12- z WT.) � /, Q \ / I \ � Bps / / em I o / 7 / ,8 ; 34+• EIR 9 t\ 0 pond Easernent I I o /wi 0. a. 33862, pG. 539 61 • / j jNIR w 1 3 W W W v I j NIR i I � \ i J• JJJ• y • V \ 0) I41 PROPOSED PUBLIC ROAD I /\ \ / \ / • I Y I � I 1 1 l0 I I I W V• W W W W 42 - • I / `=' I I W � 7 35 I ° �—;"r "' •. • ��� `^w PROPOSED RETAINING WALL i i • • j wy 3� 91 STREAM S 1 IMPACT: 205 LF ° I '• W W y // 404 SF (0.0093) ACRES °V W W W W °W 1 j WETLAND IMPACT AREA #2 • I / 1w 5 / 705 SF (0.016) ACRES •' I . I y W 100 01 o W1 3 / _1 .. ... 111 Oh r PROPOSED BUILDING:• —� 18s . •. / 5 / 864 x 580 e 5011120-SF • WETLAND IMPACT AREA #1 FFE: 216.10 STREAM S3 IMPACT: 1 1 7 LF �o, �, �W 6,827 SF (0.157) ACRES j ' : '• 334 SF (0.0077) ACRES °' w'�8o�a • o V as •• .e . s I � � a1 1 � j • •• " \ ` 1a 1a6� • . • , • ' �• . `' a 1 as 1 a1 186 STREAM S 4 IMPACT: 24 LF 793 ,gz 1g11g 1 48 SF (0.001 1) ACRES • ..-EIR 80 o • '' `'• d .•.v Q `• Q) Vlb \ �• M. VICINITY MAP SCALE: 1 " = 2 000' / • .` , 1a 0 I • \ • ` �00 . • �ti o 5� _ Cb kk I , �15 a 3/4, EI i / • O � \ O •go 0 �� �/ ��. Al �-� , i -�' t ► �' v�.., �\ i� � 808 09, 0 (� C4 cW Co C'4� Z Z� ww Z a' O Lu w Qom' 'U0LuL m Qa v Z O J o w0 C7 0 V Z 0 O Lu CV Z 01 PE SEAL: .� R '. O : •FESS gyp•••° ,� SEAL S 045345 .�� BUGS t.,.. a 111*0 50 0 50 SCALE: 1 " = 50' Q Z x 0 W Q ovJ V o�� Q 0 0 Z OT U J a �5� W H W 0 V cN Z 0 W CO w C� m } N w Co Lu W Lu = Z QV N x W wo= Lu 0 oLu V � ROY COOPER Governor ELIZABETH S. BISER Secretary MARC RECKTENWALD Director Tim Bassett McCord Development, LLC 150 South 5th Street, Suite 2675 Minneapolis, MN 55402 Project: McCord Road Industrial NORTH CAROLINA Environmental Quallry April 13, 2022 Expiration of Acceptance: 10/13/2022 County: Mecklenburg This is a conditional acceptance letter. The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to accept payment for compensatory mitigation for impacts associated with the above referenced project as indicated in the table below. Please note that this decision does not assure that participation in the DMS in - lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will be approved. You must also comply with all other state, federal or local government permits, regulations or authorizations associated with the proposed activity including G.S. § 143-214.11. This acceptance is valid for six months from the date of this letter and is not transferable. If we have not received a copy of the issued 404 Permit/401 Certification within this time frame, this acceptance will expire. It is the applicant's responsibility to send copies of the permits to DMS. Once DMS receives a copy of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the in -lieu fee to be paid by an applicant is calculated based upon the Fee Schedule and policies listed on the DMS website. Based on the information supplied by you in your request to use the DMS, the impacts for which you are requesting compensatory mitigation credit are summarized in the following table. The amount of mitigation required and assigned to DMS for this impact is determined by permitting agencies and may exceed the impact amounts shown below. River Basin Impact Location 8-di it HUC Impact Type Impact Quantity Yadkin 03040105 Riparian Wetland 0.38 Yadkin 03040105 Non -Riparian Wetland* 0.032 Won -riparian wetland credit is not available in this service area. In accordance with the directive from the February 8, 2011 IRT meeting, non -riparian wetland impacts located in the mountain and piedmont areas of North Carolina can be accepted as requested, but mitigated utilizing riparian wetland mitigation credits. Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The mitigation will be performed in accordance with the In -Lieu Fee Program instrument dated July 28, 2010. Thank you for your interest in the DMS in -lieu fee mitigation program. If you have any questions or need additional information, please contact KeIIv.Williams(a).ncdenr.gov. Sincerely, FOR James. B Stanfill Asset Management Supervisor cc: Michelle Measday, agent North Carolina Department of Environmental Quality I Division of Mitigation Services E Q`�'�J�J 217 West Jones Street 1 1652 Mail Service Center I Raleigh. North Carolina 27699-1652 RC'IiI::4Rl7 i.'A � 919.707.8976 United States Department of the Interior FISH AND WILDLIFE SERVICE Asheville Ecological Services Field Office 160 Zillicoa Street Asheville, NC 28801-1082 Phone: (828) 258-3939 Fax: (828) 258-5330 http://www.fws.gov/nc-es/es/couniyfr.html In Reply Refer To: Project Code: 2022-0022048 Project Name: 49-13604-D McCord Road Industrial Project March 21, 2022 Subject: List of threatened and endangered species that may occur in your proposed project location or may be affected by your proposed project To Whom It May Concern: The enclosed 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. The species list fulfills the requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). New information based on updated surveys, changes in the abundance and distribution of species, changed habitat conditions, or other factors could change this list. Please feel free to contact us if you need more current information or assistance regarding the potential impacts to federally proposed, listed, and candidate species and federally designated and proposed critical habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act, the accuracy of this species list should be verified after 90 days. This verification can be completed formally or informally as desired. The Service recommends that verification be completed by visiting the ECOS-IPaC website 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. The purpose of the Act is to provide a means whereby threatened and endangered species and the ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to utilize their authorities to carry out programs for the conservation of threatened and endangered species and to determine whether projects may affect threatened and endangered species and/or designated critical habitat. A Biological Assessment is required for construction projects (or other undertakings having similar physical impacts) that are major Federal actions significantly affecting the quality of the human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2) 03/21/2022 (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. If a Federal agency 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: http://www.fws.gov/endangered/esa-library/pdf/TOC-GLOS.PDF Migratory Birds: In addition to responsibilities to protect threatened and endangered species under the Endangered Species Act (ESA), there are additional responsibilities under the Migratory Bird Treaty Act (MBTA) and the Bald and Golden Eagle Protection Act (BGEPA) to protect native birds from project -related impacts. Any activity, intentional or unintentional, resulting in take of migratory birds, including eagles, is prohibited unless otherwise permitted by the U.S. Fish and Wildlife Service (50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)). For more information regarding these Acts see https://www.fws.gov/birds/policies-and-regulations.php. The MBTA has no provision for allowing take of migratory birds that may be unintentionally killed or injured by otherwise lawful activities. It is the responsibility of the project proponent to comply with these Acts by identifying potential impacts to migratory birds and eagles within applicable NEPA documents (when there is a federal nexus) or a Bird/Eagle Conservation Plan (when there is no federal nexus). Proponents should implement conservation measures to avoid or minimize the production of project -related stressors or minimize the exposure of birds and their resources to the project -related stressors. For more information on avian stressors and recommended conservation measures see https://www.fws.gov/birds/bird-enthusiasts/threats-to- birds.php. In addition to MBTA and BGEPA, Executive Order 13186: Responsibilities of Federal Agencies to Protect Migratory Birds, obligates all Federal agencies that engage in or authorize activities that might affect migratory birds, to minimize those effects and encourage conservation measures that will improve bird populations. Executive Order 13186 provides for the protection of both migratory birds and migratory bird habitat. For information regarding the implementation of Executive Order 13186, please visit https://www.fws.gov/birds/policies-and-regulations/ executive-orders/e0-13186.php. 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 Code in the header of this letter with any request for consultation or correspondence about your project that you submit to our office. 03/21/2022 Attachment(s): • Official Species List ■ Migratory Birds ■ Wetlands 03/21/2022 Official Species List This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the requirement for Federal agencies to "request of the Secretary of the Interior information whether any species which is listed or proposed to be listed may be present in the area of a proposed action". This species list is provided by: Asheville Ecological Services Field Office 160 Zillicoa Street Asheville, NC 28801-1082 (828) 258-3939 03/21/2022 oil Project Summary Project Code: 2022-0022048 Event Code: None Project Name: 49-13604-D McCord Road Industrial Project Project Type: Commercial Development Project Description: Expansion of industrial facility Project Location: Approximate location of the project can be viewed in Google Maps: https:// www.google.com/maps/(a)35.4372885,-80.83974663879107,14z f .. li I I. ILI1 , �5 j f a Counties: Mecklenburg County, North Carolina 03/21/2022 3 Endangered Species Act Species There is a total of 6 threatened, endangered, or candidate species on this species list. Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species. IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA Fisheries1, as USFWS does not have the authority to speak on behalf of NOAA and the Department of Commerce. See the "Critical habitats" section below for those critical habitats that lie wholly or partially within your project area under this office's jurisdiction. Please contact the designated FWS office if you have questions. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce. Mammals NAME STATUS Northern Long-eared Bat Myotis septentrionalis Threatened No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/9045 Clams NAME STATUS Carolina Heelsplitter Lasmigona decorata Endangered There is final critical habitat for this species. The location of the critical habitat is not available. Species profile: https:Hecos.fws.gov/ecp/species/3534 Insects NAME STATUS Monarch Butterfly Danaus plexippus Candidate No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/9743 03/21/2022 4 Flowering Plants NAME STATUS Michaux's Sumac Rhus michauxii Endangered No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/5217 Schweinitz's Sunflower Helianthus schweinitzii Endangered No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/3849 Smooth Coneflower Echinacea laevigata Endangered No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/3473 Critical habitats THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. 03/21/2022 Migratory Birds Certain birds are protected under the Migratory Bird Treaty Act! 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. The Migratory Birds Treaty Act of 1918. 2. The Bald and Golden Eagle Protection Act of 1940. 3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a) The birds listed below are birds of particular concern either because they occur on the USFWS Birds of Conservation Concern (BCC) list or warrant special attention in your project location. To learn more about the levels of concern for birds on your list and how this list is generated, see the FAQ below. This is not a list of every bird you may find in this location, nor a guarantee that every bird on this list will be found in your project area. To see exact locations of where birders and the general public have sighted birds in and around your project area, visit the E-bird data mapping tool (Tip: enter your location, desired date range and a species on your list). For projects that occur off the Atlantic Coast, additional maps and models detailing the relative occurrence and abundance of bird species on your list are available. Links to additional information about Atlantic Coast birds, and other important information about your migratory bird list, including how to properly interpret and use your migratory bird report, can be found below. For guidance on when to schedule activities or implement avoidance and minimization measures to reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE SUMMARY at the top of your list to see when these birds are most likely to be present and breeding in your project area. BREEDING NAME SEASON Bald Eagle Haliaeetus leucocephalus Breeds Sep 1 to This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention Jul 31 because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. htWs:Hecos.fws.gov/ecp/species/1626 Eastern Whip -poor -will Antrostomus voci ferns Breeds May 1 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 20 and Alaska. 03/21/2022 2 NAME BREEDING SEASON Prairie Warbler Dendroica discolor Breeds May 1 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Jul 31 and Alaska. Red-headed Woodpecker Melanerpes erythrocephalus Breeds May 10 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Sep 10 and Alaska. Rusty Blackbird Euphagus carolinus Breeds This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions elsewhere (SCRs) in the continental USA Wood Thrush Hylocichla mustelina Breeds May 10 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 31 and Alaska. Probability Of Presence Summary The graphs below provide our best understanding of when birds of concern are most likely to be present in your project area. This information can be used to tailor and schedule your project activities to avoid or minimize impacts to birds. Please make sure you read and understand the FAQ "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting to interpret this report. Probability of Presence (■) Each green bar represents the bird's relative probability of presence in the 10km grid cell(s) your project overlaps during a particular week of the year. (A year is represented as 12 4-week months.) A taller bar indicates a higher probability of species presence. The survey effort (see below) can be used to establish a level of confidence in the presence score. One can have higher confidence in the presence score if the corresponding survey effort is also high. How is the probability of presence score calculated? The calculation is done in three steps: The probability of presence for each week is calculated as the number of survey events in the week where the species was detected divided by the total number of survey events for that week. For example, if in week 12 there were 20 survey events and the Spotted Towhee was found in 5 of them, the probability of presence of the Spotted Towhee in week 12 is 0.25. 2. To properly present the pattern of presence across the year, the relative probability of presence is calculated. This is the probability of presence divided by the maximum probability of presence across all weeks. For example, imagine the probability of presence in week 20 for the Spotted Towhee is 0.05, and that the probability of presence at week 12 (0.25) is the maximum of any week of the year. The relative probability of presence on week 12 is 0.25/0.25 = 1; at week 20 it is 0.05/0.25 = 0.2. 03/21/2022 3 3. The relative probability of presence calculated in the previous step undergoes a statistical conversion so that all possible values fall between 0 and 10, inclusive. This is the probability of presence score. Breeding Season( ) Yellow bars denote a very liberal estimate of the time -frame inside which the bird breeds across its entire range. If there are no yellow bars shown for a bird, it does not breed in your project area. Survey Effort (1) Vertical black lines superimposed on probability of presence bars indicate the number of surveys performed for that species in the 10km grid cell(s) your project area overlaps. The number of surveys is expressed as a range, for example, 33 to 64 surveys. No Data (—) A week is marked as having no data if there were no survey events for that week. Survey Timeframe Surveys from only the last 10 years are used in order to ensure delivery of currently relevant information. The exception to this is areas off the Atlantic coast, where bird returns are based on all years of available data, since data in these areas is currently much more sparse. probability of presence breeding season I survey effort — no data SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Bald Eagle Non -BCC Vulnerable Eastern BCC RangewideWhip-poor- Will ................ Jill Jill Jill NU (CON) Prairie Warbler BCC Rangewide ++++ ++++ ++++ ++" Jill --+— ++++ ++++ +—+++++ (CON) Red-headed ++ ++++ +i i iii� ���� Jill 11++ 1+++ +-11-+++ Woodpecker BCC Rangewide (CON) Rusty Blackbird ++++ ++ I + +,++ ++++ ++—+ ++++ — — — — --+— ++++ ++++ +—++ �,++ BCC -BCR T Wood Thrush BCC Rangewide ++++ ++++ ++++ +++' Jill Jill Jill (CON) 03/21/2022 4 Additional information can be found using the following links: • Birds of Conservation Concern http://www.fws.gov/birds/management/managed-species/ birds-of-conservation-concern.php ■ Measures for avoiding and minimizing impacts to birds http://www.fws.gov/birds/ management/proj ect-assessment-tools-and-guidance/ conservation-measures.php ■ Nationwide conservation measures for birds http://www.fws.gov/migratorybirds/pdf/ management/nationwidestandardconservationmeasures.pdf Migratory Birds FAQ Tell me more about conservation measures I can implement to avoid or minimize impacts to migratory birds. Nationwide Conservation Measures describes measures that can help avoid and minimize impacts to all birds at any location year round. Implementation of these measures is particularly important when birds are most likely to occur in the project area. When birds may be breeding in the area, identifying the locations of any active nests and avoiding their destruction is a very helpful impact minimization measure. To see when birds are most likely to occur and be breeding in your project area, view the Probability of Presence Summary. Additional measures or permits may be advisable depending on the type of activity you are conducting and the type of infrastructure or bird species present on your project site. What does IPaC use to generate the migratory birds potentially occurring in my specified location? The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern (BCQ and other species that may warrant special attention in your project location. The migratory bird list generated for your project is derived from data provided by the Avian Knowledge Network (AKN). The AKN data is based on a growing collection of survey, banding, and citizen science datasets and is queried and filtered to return a list of those birds reported as occurring in the 10km grid cell(s) which your project intersects, and that have been identified as warranting special attention because they are a BCC species in that area, an eagle (Eagle Act requirements may apply), or a species that has a particular vulnerability to offshore activities or development. Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your project area. It is not representative of all birds that may occur in your project area. To get a list of all birds potentially present in your project area, please visit the AKN Phenology Tool. 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 . 03/21/2022 5 Probability of presence data is continuously being updated as new and better information becomes available. To learn more about how the probability of presence graphs are produced and how to interpret them, go the Probability of Presence Summary and then click on the "Tell me about these graphs" link. How do I know if a bird is breeding, wintering, migrating or present year-round in my project area? To see what part of a particular bird's range your project area falls within (i.e. breeding, wintering, migrating or year-round), you may refer to the following resources: The Cornell Lab of Ornithology All About Birds Bird Guide, or (if you are unsuccessful in locating the bird of interest there), the Cornell Lab of Ornithology Neotropical Birds guide. If a bird on your migratory bird species list has a breeding season associated with it, if that bird does occur in your project area, there may be nests present at some point within the timeframe specified. If "Breeds elsewhere" is indicated, then the bird likely does not breed in your project area. What are the levels of concern for migratory birds? Migratory birds delivered through IPaC fall into the following distinct categories of concern: 1. "BCC Rangewide" birds are Birds of Conservation Concern (BCC) that are of concern throughout their range anywhere within the USA (including Hawaii, the Pacific Islands, Puerto Rico, and the Virgin Islands); 2. "BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation Regions (BCRs) in the continental USA; and 3. "Non -BCC - Vulnerable" birds are not BCC species in your project area, but appear on your list either because of the Eagle Act requirements (for eagles) or (for non -eagles) potential susceptibilities in offshore areas from certain types of development or activities (e.g. offshore energy development or longline fishing). Although it is important to try to avoid and minimize impacts to all birds, efforts should be made, in particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC species of rangewide concern. For more information on conservation measures you can implement to help avoid and minimize migratory bird impacts and requirements for eagles, please see the FAQs for these topics. Details about birds that are potentially affected by offshore projects For additional details about the relative occurrence and abundance of both individual bird species and groups of bird species within your project area off the Atlantic Coast, please visit the Northeast Ocean Data Portal. The Portal also offers data and information about other taxa besides birds that may be helpful to you in your project review. Alternately, you may download the bird model results files underlying the portal maps through the NOAA NCCOS Integrative Statistical Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic Outer Continental Shelf project webpage. Bird tracking data can also provide additional details about occurrence and habitat use throughout the year, including migration. Models relying on survey data may not include this information. For additional information on marine bird tracking data, see the Diving Bird Study and the nanotag studies or contact Caleb Spiegel or Pam Lorin. 03/21/2022 What if I have eagles on my list? If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid violating the Eagle Act should such impacts occur. Proper Interpretation and Use of Your Migratory Bird Report The migratory bird list generated is not a list of all birds in your project area, only a subset of birds of priority concern. To learn more about how your list is generated, and see options for identifying what other birds may be in your project area, please see the FAQ "What does IPaC use to generate the migratory birds potentially occurring in my specified location". Please be aware this report provides the "probability of presence" of birds within the 10 km grid cell(s) that overlap your project; not your exact project footprint. On the graphs provided, please also look carefully at the survey effort (indicated by the black vertical bar) and for the existence of the "no data" indicator (a red horizontal bar). A high survey effort is the key component. If the survey effort is high, then the probability of presence score can be viewed as more dependable. In contrast, a low survey effort bar or no data bar means a lack of data and, therefore, a lack of certainty about presence of the species. This list is not perfect; it is simply a starting point for identifying what birds of concern have the potential to be in your project area, when they might be there, and if they might be breeding (which means nests might be present). The list helps you know what to look for to confirm presence, and helps guide you in knowing when to implement conservation measures to avoid or minimize potential impacts from your project activities, should presence be confirmed. To learn more about conservation measures, visit the FAQ "Tell me about conservation measures I can implement to avoid or minimize impacts to migratory birds" at the bottom of your migratory bird trust resources page. 03/21/2022 Wetlands Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under Section 404 of the Clean Water Act, or other State/Federal statutes. For more information please contact the Regulatory Program of the local U.S. Army Corps of Engineers District. Please note that the NWI data being shown may be out of date. We are currently working to update our NWI data set. We recommend you verify these results with a site visit to determine the actual extent of wetlands on site. WETLAND INFORMATION WAS NOT AVAILABLE WHEN THIS SPECIES LIST WAS GENERATED. PLEASE VISIT HTTPS://WWW.FWS.GOV/WETLANDS/DATA/MAPPER.HTML OR CONTACT THE FIELD OFFICE FOR FURTHER INFORMATION. 03/21/2022 IPaC User Contact Information Agency: ECS Limited Name: Michelle Measday Address: 5260 Greens Dairy Road City: Raleigh State: NC Zip: 27616 Email mmeasday@ecslimited.com Phone: 9198619910 Roy Cooper, Governor a ■■■ ■■ e INC DEPARTMENT OF ■■•m■■ NATURAL AND CULTURAL RESOURCES ■ ■w■ March 21. 2022 Michelle Measday ECS Southeast LLP 5260 Greens Dairy Road Raleigh, INC 27616 RE: McCord Industrial Park; 49-13604-D Dear Michelle Measday: D. Reid Wilson, Secretary Misty Buchanan Deputy Director, Natural Heritage Program NCNHDE-17464 The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources for the project referenced above. Based on the project area mapped with your request, a query of the NCNHP database indicates that there are no records for rare species, important natural communities, natural areas, and/or conservation/managed areas within the proposed project boundary. Please note that although there may be no documentation of natural heritage elements within the project boundary, it does not imply or confirm their absence; the area may not have been surveyed. The results of this query should not be substituted for field surveys where suitable habitat exists. In the event that rare species are found within the project area, please contact the NCNHP so that we may update our records. The attached 'Potential Occurrences' table summarizes rare species and natural communities that have been documented within a one -mile radius of the property boundary. The proximity of these records suggests that these natural heritage elements may potentially be present in the project area if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile radius of the project area, if any, are also included in this report. If a Federally -listed species is found within the project area or is indicated within a one -mile radius of the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for guidance. Contact information for USFWS offices in North Carolina is found here: https://www.fws.gov/offices/Directory/ListOffices.cfm?statecode=37. Please note that natural heritage element data are maintained for the purposes of conservation planning, project review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions. Information provided by the NCNHP database may not be published without prior written notification to the NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NCNHP data may not be redistributed without permission. The INC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature Preserve, Registered Heritage Area, Land and Water Fund easement, or Federally - listed species are documented near the project area. If you have questions regarding the information provided in this letter or need additional assistance, please contact Rodney A. Butler at rod nev.butler(d)ncdcr.gov or 919-707-8603. Sincerely, NC Natural Heritage Program DEPARTMENT 4F NATURAL AND CULTURAL RESOURCES �t 121 w. JONF-SSSTREET. P ALEIG - NC- 27603 - 1651 MAIL SERVICE CENTER, RALE*H, NC 27899 OFC 919.707.9120 • FAX 919,707.$i21 Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One -mile Radius of the Project Area McCord Industrial Park Project No. 49-13604-D March 21, 2022 NCN H DE-17464 No Element Occurrences are Documented Within a One -mile Radius of the Project Area No Natural Areas are Documented Within a One -mile Radius of the Project Area Managed Areas Documented Within a One -mile Radius of the Project Area Managed Area Name Owner Owner Type - Mecklenburg County Open Space - North Mecklenburg County Local Government Mecklenburg Park Town of Huntersville Open Space Town of Huntersville Local Government Definitions and an explanation of status designations and codes can be found at https://ncnhde.natureserve.org/help. Data query generated on March 21, 2022; source: NCNHP, Q4, January 2022. Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database. Page 2 of 3 NCNHDE-17464: McCord Industrial Park yenrlrs W�E S 2� March 21, 2022 R Project Boundary Buffered Project Boundary Managed Area (MAREA) Oel gG 1123,622 0 0.2 0.4 0.8 mi 0 0.325 0.65 1.3 Km So- Esn, HERE. Garmin• ni-p, in-rit P Corp_ GEBCO USGS, FAO, NP5, NRCAN, OwSaw, ICN, Kadwer Ni_ Ordnance Survey, Earl Japan, METI . Ev, China ("mg K-9), (c) op—StfttM.p cormihutma, and th. GI$ UCw munity Page 3 of 3 NCHPO HPOWEB 3/21/2022, 2:37:36 PM 1:18,056 0 0.13 0.25 0.5 mi Local individual resources & centerpoints DOE districts & boundaries SL districts & boundaries 0 Local Landmark Both DOE and Study List Boundary Both SL and Determined Eligible Boundary 0 0.2 Surveyed Only individual resources & centerpoints DOE individual resources & centerpoints SL individual resources & centerpoints Source: Esri, USDA FSA 0.4 0.8 km Surveyed Only SL and DOE SL Individual Entry ' SL and DOE entry North Carolina State Historic Preservation Office Source: Esri, USDA FSA