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.
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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
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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
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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 -
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STORM DRAINAGE NOTES w —
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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
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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
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PROPOSED CONTOUR 1100
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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
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March 21, 2022
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Page 3 of 3
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0 0.13 0.25 0.5 mi
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North Carolina State Historic Preservation Office
Source: Esri, USDA FSA