Loading...
HomeMy WebLinkAbout20221306 Ver 1_401 Application_20220922Staff Review Form NORTH CAROLINA Ertrlmnmertlrtl Quality Updated September 4, 2020 Staff Review Does this application have all the attachments needed to accept it into the review process?* Yes No ID# * 20221306 Version* 1 Is this project a public transportation project?* Reviewer List:* Select Reviewing Office: * Submittal Type:* Yes No Doug Perez:eads\djperez Mooresville Regional Office - (704) 663-1699 401 Application Does this project require a request for payment to be sent?* Yes No How much is owed?* $240.00 $570.00 Project Submittal Form 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. Project Type: * For the Record Only (Courtesy Copy) New Project Modification/New Project with Existing ID More Information Response Other Agency Comments Pre -Application Submittal Re-Issuance\Renewal Request Stream or Buffer Appeal Pre -Filing Meeting Date Request was submitted on: 9/8/2021 Project Contact Information Name: Heather LaGamba Who is submitting the information? Email Address: hlagamba@pilotenviro.com Project Information ................................... Project Name: Aquamarine Is this a public transportation project? Yes No Is the project located within a NC DCM Area of Environmental Concern (AEC)? Yes No Unknown County (ies) Cabarrus Please upload all files that need to be submited. Click the upload button or drag and drop files here to attach document 7217.1_Aquamarine_PCN_09.21.22.pdf 26.26MB Only pdf or kmz files are accepted. Describe the attachments or comments: PCN for 401 WQC Sign and Submit ............................................................................................................................................................................................................................ By checking the box and signing box below, I certify that: • I, the project proponent, hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief. • I, 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 agree that submission of this online 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 online form. Signature: rif 00. �Zaf. Submittal Date: Is filled in automatically. Preliminary ORM Data Entry Fields for New Actions ACTION ID #: SAW- 2021-01563 Begin Date (Date Received): Prepare file folder ❑ Assign Action ID Number in ORM n 1. Project Name [PCN Form A2a]: Aquamarine 2. Work Type: Private n Institutional ❑ Government ❑ Commercial 3. Project Description / Purpose [PCN Form B3d and B3e]: Attached 4. Property Owner / Applicant [PCN Form A3 or A4]: RBB Beverage Operations, Inc. 5. Agent 1 Consultant [PNC Form A5 — or ORM Consultant ID Number] : Brad Luckey/Pilot Environmental, Inc. 6. Related Action ID Number(s) [PCN Form B5b]: 7. Project Location — Coordinates, Street Address, and/or Location Description [PCN Form Blb]: Concord Parkway South, Concord, Cabarrus County, NC 35.381916, -80.630547 8. Project Location — Tax Parcel ID [PCN Form B 1 a] : 5519670826 9. Project Location — County [PCN Form A2b]: Cabarrus 10. Project Location — Nearest Municipality or Town [PCN Form A2c] : Concord 11. Project Information —Nearest Waterbody [PCN Form B2a]: Wolf Meadow Branch & Coddle Creek 12. Watershed / 8-Digit Hydrologic Unit Code [PCN Form B2c]: 03040105 Authorization: Section 10 ❑ Section 404 ❑� Section 10 and 404 Regulatory Action Type: ❑ Standard Permit 1 Nationwide Permit # Regional General Permit # Jurisdictional Determination Request Pre -Application Request ❑Unauthorized Activity HCompliance No Permit Required Revised 20150602 Office Use Only: Corps action ID no. DWQ project no. Form Version 1.3 Dec 10 2008 Pre -Construction Notification (PCN) Form A. Applicant Information 1. Processing la. Type(s) of approval sought from the Corps: 10 Permit r Section 404 Permit ❑ Section 1b. Specify Nationwide Permit (NWP) number: NWP 14 & 39 or General Permit (GP) number: lc. Has the NWP or GP number been verified by the Corps? ❑ Yes @ No ld. Type(s) of approval sought from the DWQ (check all that apply): — Regular ❑ Non-404 Jurisdictional General Permit — Express ❑ Riparian Buffer Authorization 0 401 Water Quality Certification ❑ 401 Water Quality Certification le. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: For the record only for Corps Permit: ❑ Yes @ No ❑ Yes /4 No 1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. @ Yes ❑ No lg. Is the project located in any of NC's twenty coastal counties. If yes, answer lh below. ❑ Yes @ No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes r No 2. Project Information 2a. Name of project: Aquamarine 2b. County: Cabarrus 2c. Nearest municipality / town: Concord 2d. Subdivision name: 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: RBB Beverage Operations, Inc 3b. Deed Book and Page No. 1535310237 3c. Responsible Party (for LLC if applicable): Mr. Jesse King 3d. Street address: 10501 North Reems Road 3e. City, state, zip: Waddell, AZ 85355*9646 3f. Telephone no.: 808.371.9744 3g. Fax no.: 3h. Email address: johannes.schlatter(abhm-ing.com Page 1 of 15 PCN Form — Version 1.3 December 10, 2008 Version 4. Applicant Information (if different from owner) 4a. Applicant is: ❑ Agent ❑ Other, specify: 4b. Name: 4c. Business name (if applicable): 4d. Street address: 4e. City, state, zip: 4f. Telephone no.: 4g. Fax no.: 4h. Email address: 5. Agent/Consultant Information (if applicable) 5a. Name: Bradley S. Luckey 5b. Business name (if applicable): Pilot Environmental Inc. 5c. Street address: PO Box 128 5d. City, state, zip: Kemersville, NC 27285 5e. Telephone no.: 336.708.4997 5f. Fax no.: 5g. Email address: bluckey©pilotenviro.com Page 2 of 15 PCN Form — Version 1.3 December 10, 2008 Version B. Project Information and Prior Project History 1. Property Identification la. Property identification no. (tax PIN or parcel ID): 551967826 lb. Site coordinates (in decimal degrees): Latitude: 35.381916 (DD.DDDDDD) Longitude: 80.63054 (-DD.DDDDDD) lc. Property size: -520 acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to proposed project: Wolf Meadow Branch 2b. Water Quality Classification of nearest receiving water: Class C 2c. River basin: Yadkin Page 3 of 15 PCN Form - Version 1.3 December 10, 2008 Version 3. Project Description 3a. Describe the existing conditions an the site and the general land use in the vicinity of the project at the time of this application: The site was previously developed with an approximate 3.7 million square foot Phillip Morris cigarette manufacturing campus. The majority of the buildings associated with the former manufacturer have been demolished and removed. Parking lots, paved driveways, railroad tracks, building footprints, guard houses, a maintenance building, an office building and routinely maintained landscaped areas remain an the site. Sanitary sewer, water and overhead power line easements cross the site. The remainder of the site consists of undeveloped wooded land and pastures. The pastures are actively grazed by cattle. The site is located in a mixed use area of Concord, Cabarrus County, North Carolina. 3b. List the total estimated acreage of all existing wetlands on the property: —22.99 ac 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: —14,757 LF & 3.00 ac open water ponds 3d. Explain the purpose of the proposed project: The purpose of the project is to develop the site with approximately 3.78 million square feet of facilities and associated infrastructure to be utilized for beverage production and manufacturing complex. 3e. Describe the overall project in detail, including the type of equipment to be used: The overall project consists of development of the site with an approximate 1,078,175 square foot can/bottle manufacturing facility, an approximate 362,950 square foot cardboard/paper package manufacturing facility, an approximate 1,452,974 square foot beverage production facility and an approximate 859,440 square foot beverage distribution facility. The facilities will contain storage, manufacturing and production areas, office areas, restroom, employee break areas, trailer docks, trailer court and storage parking, employee parking, stormwater treatment ponds and landscaped areas. The size, shape, layout, locations and distances between the facilities have been designed based on the anticipated requirements for manufacturing, production and storage/transport of materials and finished goods. The interconnectivity of the buildings and accessibility to rail and existing road infrastructure for transport are necessary for the overall operation of the beverage production and distribution complex. The manufacturing and production facilities have the capacity to receive and ship raw and finished materials via rail spur located on the southeastern portion of the site. An overhead conveyor system connects the facilities and creates operational efficiencies between the manufacturing/production and distribution operations. Additionally, an approximate 1,216 foot long by 33 foot wide by 16 foot tall underground tunnel will connect the 1,452,974 square foot beverage production facility to the approximate 859,440 square foot beverage distribution facility. The site has been designed to separate tractor trailer traffic from general vehicular traffic as much as possible. The site allows for a circular flow pattern for traffic to travel around the facilities. The site has been designed for approximately 1,396 tractor trailer trips and 10,281 vehicular trips daily. The proposed facilities are anticipated to operate three shifts that allow for 24-hour per day operations. The number and locations of vehicular employee and guest parking places were designed based on the users anticipated number of employees per shift at each facility. The proposed facilities are anticipated to operate three shifts that allow 24-hour per day operations. Necessary trailer docks, trailer court/storage, distances between docks and trailer storage, vehicular employee and guest parking areas and general vehicular and tractor trailer flow pattern were designed based upon the applicant's anticipated requirements and general safety. Development of the site will impact streams and wetlands. Clearing and grading the site is necessary for development. Graders, haulers, excavators and other heavy equipment will be used during site construction. Page 4 of 15 PCN Form — Version 1.3 December 10, 2008 Version 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property ! project (including all prior phases) in the past? Comments: Yes ❑ No ❑Unknown 4b. If the Corps made the jurisdictional determination, what type of determination was made? 0 Preliminary0Final 4c. If yes, who delineated the jurisdictional areas? Name (if known): Bradley Luckey, David Brame & Michael Brame Agency/Consultant Company: Pilot Enviromental, Inc. Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. SAW-2021-01563 AJD & PJD dated 5.31.22. USACE and NCDWR Field Verification conducted on 10.6.21. NCDWR has not issued a site determination letter from their 10.6.21 field visit. 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? ❑Yes I No ❑Unknown 5b. If yes, explain in detail according to "help file" instructions. 6. Future Project Plans 6a. Is this a phased project? ❑ Yes A No 6b. If yes, explain. The project is not part of a phased project. Impacts to streams/wetlands, outside of those proposed in this application, are not anticipated as a result of the proposed project. Page 5 of 15 PCN Form — Version 1.3 December 10, 2008 Version C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): ® Wetlands ® Streams - tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction Page 6 of 15 PCN Form — Version 1.3 December 10, 2008 Version 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. 2b. 2c. 2d. 2e. 2f. Wetland impact Type of jurisdiction number — Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact Permanent (P) or (if known) DWQ — non-404, other) (acres) Temporary (T) Road Fill/Temp ►-/ Yes ►�I Corps W1 0P 0T Construction Unknown 0.074/0.033 Access ❑ No ❑ DWQ Road FilllTemp Construction Unknown ❑ Yes 0.043/0.02 a Corps W2 ®P ®T Access No DWQ Fill Unknown ❑Yes Corps 0.0289 W3 0P ❑ T No ❑ DWQ Road Fill Unknown ®Yes a Corps 0.149 W4 ®P ❑ T ❑ No ❑ DWQ Rail Fill/Temp Construction Unknown 0.02/0.01 Yes r Corps W5 ►/ P ►/ T Access ❑ No ❑ DWQ Bridge Casing FiIIlTemp Construction Unknown ®Yes aCorps 0.004/0.63 W6 ®P ®T ❑ No ❑ DWQ Access 2g. Total wetland imparts 0.318910.8709 2h. Comments: Wetland Impact 1 will permanently fill 0.074 acre of wetlands (Impact 1) associated with road fill and temporarily impact 0.033 acres of wetlands (Temporary Impact 1) associated with temporary construction access. Wetland Impact 2 will permanently fill 0.043 acre of wetlands (Impact 2) associated with road fill and temporarily impact 0.02 acres of wetlands (Temporary Impact 2) due to temporary construction access. Wetland Impact 3 will permanently fill 0.0289 acres of wetlands (Impact 3) associated with fill from the facility. Wetland Impact 4 will permanently fill 0.149 acres of wetlands (Impact 4) associated with road fill. Wetland Impact 5 will permanently fill 0.02 acres of wetlands (Impact 8) associated with rail access and temporarily impact 0.01 acres of wetlands (Temporary Impact 4) associated with temporary construction access. Wetland Impact 6 will permanently fill 0.004 acres of wetlands for concrete bridge columns (Impact 9) and temporarily impact 0.63 acres of wetlands associated with temporary construction access. Mitigation is proposed for the unavoidable net loss impact to wetlands. Areas of temporary impact will be restored to similar pre -construction grades, stabilized with natural fiber matting and planted with native herbaceous seed mix. Page 7 of 15 PCN Form — Version 1.3 December 10, 2008 Version 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. Stream impact number - Permanent (P) or Temporary (T) 3b. Type of impact 3c. Stream name 3d. Perennial (PER) or intermittent (INT)? 3e. Type of jurisdiction (Corps - 404, 10 DWQ — non-404, other) 3f. Average stream width (feet) 3g. Impact length (linear feet) S1 0 P ❑ T Fill Unnamed ❑PER 0 INT 0 ❑ Corps DWQ 2.97 321 S2 OPOT Rail FiIVTemp Construction Acccess Unamed 0 ❑ PER INT 0 ❑ Corps DWQ 4.53 75129 S3 0 P ❑ T Rail Fill Unnamed ❑ 0INT PER L ❑ Corps DWQ 3.73 58 S4 ❑P❑T ❑PER ❑ INT ❑Corps ❑ DWQ S5 ❑P❑T ❑PER ❑ INT ❑Corps ❑ DWQ 56 ❑ P ❑ T ❑ PER ❑ INT ❑ Corps ❑ DWQ 3h. Total stream and tributary imparts 454/29 3i. Comments: Stream Impact 1 will permanently impact 321 liner feet (954 SF/0.0219 ac) of intermittent stream channel (Impact 5) associated with facility fill. Stream Impact 2 will permanently impact 75 liner feet (340 SF/0.008 ac) of perennial stream channel (Impact 6) associated with rail fill and temporarily impact 29 linear feet (116SF10.003 ac) of perennial stream channel (Temporary Impact 3) associated with temporary construction access. Stream Impact 3 will permanently impact 58 linear feet (216SF10.005ac) of intermittent stream channel (Impact 7) associated with rail fill. Mitigation is proposed for the unavoidable net loss impact to streams. Areas of temporary impact will be restored to similar pre -construction grades, stabilized with natural fiber matting and native herbaceous seed mix or woody live stakes. 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individually list all open water impacts below. 4a. Open water impact number — Permanent (P) or Temporary (T) 4b. Name of waterbody (if applicable) 4c. Type of impact 4d. Waterbody type 4e. Area of impact (acres) 01 ❑P❑T 02 ❑P❑T 03 ❑P❑T 04 ❑P❑T 4f. Total open water imparts 4g. Comments: Open water impacts are not proposed. 5. Pond or Lake Construction If pond or lake construction proposed, then complete the chart below. Page 8 of 15 PCN Form — Version 1.3 December 10, 2008 Version 5a. Pond ID number 5b. Proposed use or purpose of pond 5c. Wetland Impacts (acres) 5d. Stream Impacts (feet) 5e. Upland (acres) Flooded Filled Excavated Flooded Filled Excavated Flooded P1 P2 5f. Total 5g. Comments: Construction of ponds or lakes within regulated waters is not proposed. 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the below. If any impacts require mitigation, then you MUST fill chart below. If yes, then individually list all buffer impacts out Section D of this form. 6a. Project is in which protected basin? ❑ Neuse ❑ Tar -Pamlico ❑ Other: ❑ Catawba ❑ Randleman 6b. Buffer impact number — Permanent (P) or Temporary (T) 6c. Reason for impact 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact (square feet) 6g. Zone 2 impact (square feet) B1 ❑P❑T Yes ❑ No B2 ❑ P ❑ T ❑Yes ❑ No B3 ❑ P ❑ T ❑Yes ❑ No bh. Total buffer imparts 6i. Comments: Riparian buffer impacts are not proposed. D. Impact Justification and Mitigation I. Avoidance and Minimization la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. The proposed development has been redesigned to minimize grading limits and reduce the overall development impacts. Initial layouts of a similar size/dimension for the proposed buildings/site development and an additional bottle manufacturing facility resulted in the net cumulative loss of approximately 9.26 acres of wetlands, 2,630 linear feet of perennial stream channel, 1,287 linear feet of intermittent stream channel and 3 acres of jurisdictional open water ponds. The redesigned plans reduced these impacts to 0.3189 acres of wetlands, 75 feet of perennial stream channel and 379 feet of intermittent stream channel with no impacts to open water ponds. Additionally, the initial layout impacted higher quality perennial streams and wetlands compared to those proposed within this application. The applicant redesigned the proposed site development specifically to avoid and minimize the projects impact to jurisdictional waters. Included within the changes to the initial designs is a change from use of a traditional culvert for the stream/wetland crossing located on the southwestern portion of the site to the use of a bridge to span the perennial stream and wetlands, thus, avoiding the net loss impact to approximately 0.85 acres of wetlands. The proposed bridge span is approximately 23 feet above the existing stream and wetland elevation to allow for forested wetland conditions to persist beneath the proposed bridge span following construction. The redesigned plan also utilizes a 2:1 or less side slopes and/or retaining walls throughout the site to further avoid and minimize side slope fill impact to jurisdictional waters. Page 9 of 15 PCN Form — Version 1.3 December 10, 2008 Version The applicant further redesigned the site plan to return pre -construction drainage flows to unimpacted streams, wetlands and open water ponds down -gradient of the proposed impact areas. Stormwater ponds andlor areas of the site that will be graded during construction, but which will not contain impervious surfaces, are designed to discharge and drain to unimpacted streams, wetlands and open water ponds at non -erosive velocities to preserve pre -construction hydrologic function of downgradient waters. Additionally, a rock/stone French drain system will be installed in the area of the permanent stream impact area to return groundwater flow to unimpacted down -gradient streams, wetlands and open waters. There are approximately 22.99 acres of wetlands, 14,757 linear feet of stream channel and 3 acres of open water ponds located on the site. Under the revised plan, 22.67 acres of wetlands, 14,303 linear feet of stream channel and 3 acres of open water ponds are being avoided. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. The clearing limits will be staked and silt fence, rock checks and other temporary sediment and erosion control measures will be located within the most down -gradient area within the impact limits and/or within areas of temporary construction access impact. The sediment and erosion control devices will prevent sediment from being discharged into down -gradient streams, wetlands or open waters. Areas of temporary stream and wetland impact will be restored to similar pre -construction grades, stabilized with natural fiber containing matting and seeded with native herbaceous seed mix or woody live stakes. A rock/stone French drain system will be installed within the permanent impact limits of the stream and filled over top with clean fill to final proposed grades to maintain groundwater flow to unimpacted waters. 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? 0 Yes ❑ No 2b. If yes. mitigation is required by (check all that apply): // DWQ // Corps 2c. If yes, which mitigation option will be used for this project? fee program Mitigation A Mitigation bank 0 Payment to in -lieu ❑ Permittee Responsible 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: Cardinal Site 3b. Credits Purchased (attach receipt and letter) Type Quantity Page 10 of 15 PCN Form — Version 1.3 December 10, 2008 Version 3c. Comments: The applicant proposes mitigation for the unavoidable net loss impact to 454 linear feet of perennial and intermittent stream channel impact at a 2:1 ratio and for the unavoidable net loss impact to 0.3189 acres of wetlands at a 2:1 ratio. The applicant intends to purchase 908 linear feet of stream channel credits to satisfy a portion of the mitigation proposal from the Cardinal Site private bank. At the time of the completion of this permit application, neither the Cardinal Site private bank nor other private mitigation banks, within the sites hydrologic unit code, have the necessary wetland credits to satisfy the mitigation proposal. The applicant intends to purchase 0.6378 acres of wetland credits from NC DMS. If at the time of NWP verification or applicants purchase of mitigation credits, stream credits from the Cardinal Site private mitigation bank are no longer available, then the applicant will satisfy the stream mitigation proposal through compensatory mitigation payment from the NC DMS. Copies of SOA from Cardinal site private bank dated 9.9.22 and NC DMS credit reservation leter dated 9.9.22 document more than the required credits are available to satisfy the mitigation proposal are included as attachments. 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. @ Yes 4b. Stream mitigation requested: 968 linear feet 4c. If using stream mitigation, stream temperature: ❑ warm r cool ❑cold 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: 1.25 acres 4f. Non -riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: See above 3c. 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? ❑ Yes A No 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund). 6h. Comments: Buffer mitigation is not proposed. Page 11 of 15 PCN Form — Version 1.3 December 10, 2008 Version E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? ❑ Yes L No lb. If yes, then is a diffuse flow plan included? If no, explain why. Comments: ■ Yes ■ No 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 42.8 °/0 2b. Does this project require a Stormwater Management Plan? 0 Yes ❑ No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: A Stormwater Management Plan is required. The applicant will obtain stormwater management plan approval prior to proposed impacts occurring. 2e. Who will be responsible for the review of the Stormwater Management Plan? ® Certified Local Government ❑ DWQ Stormwater Program ❑ DWQ 401 Unit 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? Concord 3b. Which of the following locally -implemented stormwater management programs apply (check all that apply): 0 Phase II ❑NSW ❑ USMP ❑ Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been attached? ❑ Yes 0 No 4. DWQ Stormwater Program Review 4a. Which of the following state -implemented stormwater management programs apply (check all that apply): ❑ Coastal counties ❑ HQW ❑ ORW ❑ Session Law 2006-246 ❑ Other: 4b. Has the approved Stormwater Management Plan with proof of approval been attached? ❑ Yes ❑ No 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ❑ Yes ❑ No 5b. Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No Page 12 of 15 PCN Form — Version 1.3 December 10, 2008 Version F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? ❑ Yes No 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State (North Carolina) Environmental Policy Act (NEPA/SEPA)? ❑ Yes ® No 1 c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval letter.) Comments: A NEPA or SEPA is not required as part of this project. ❑ Yes ® No 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, or Riparian Buffer Rules (15A NCAC 2B .0200)? ❑ Yes ® No 2b. Is this an after -the -fact permit application? ❑ Yes @ No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality? ❑ Yes @ No 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. Impacts for sewage disposal are not proposed. Page 13 of 15 PCN Form — Version 1.3 December 10, 2008 Version 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 0 No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts? a Yes ❑ No 5c. If yes, indicate the USFWS Field Office you have contacted. ❑ Raleigh ® Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? Pilot previously consulted the USFWS IPaC dated 9.14.21 (attached) and the USFWS (USFWS Letter dated 12.2.21, attached). The USFWS IPac identifies the following protected species that could be proximate to the project area: Northern long-eared bat, Schweinitz's sunflower and Carolina heelsplitter. The project area is located approximately 85 miles from the nearest confirmed NLEB hibernation and/or maternity sites. During habitat assessments conducted between September 16 to October 6, 2021, Pilot personnel determined that suitable habitat for Carolina heelspliter is not located on the site. Therefore, we made a determination of "no effect" to Carolina heelsplitter. Suitable habitat for Schweinitz's sunflower is located an the site. Areas of suitable habitat were surveyed by Pilot personnel between September 16 and October 6, 2021. Schweinitz's sunflower was not identified on the site during the detailed survey. Therefore, we made a determination of "no effect" to Schweinitz's sunflower. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes V. No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? Essential Fish Habitat Mapper — NOAA Fisheries 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? ❑ Yes ►/ No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? According to the NC SHPO Historic Properties website (attached), eligible or listed resources are not located on the site. The CA0322 I Boxwood Manor House (Means -Young -Morris), located an adjacent property east of the site, across Wolf Meadow Branch, is identified as a study list property. Based on a review of aerial photography and historic topographic maps, structures located on the adjacent property east of site, across Wolf Meadow Branch, are approximately 3,800 feet and more from the site. Furthermore, the proposed project will maintain an existing vegetation buffer between the project area and the adjacent property east of the site, across Wolf Meadow Branch and maintain use that is generally consistent with the former tobacco manufacturing facility. Therefore, we have made the determination the proposed project will not have an adverse affect to cultural or historical resources. Page 14 of 15 PCN Form — Version 1.3 December 10, 2008 Version 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? ® Yes • No 8b. If yes, explain how project meets FEMA requirements: The project has been designed to not contribute to the rise of/ effect to the 100 year floodplain or regulatory floodway. A floodplain development permit will be obtained from the local FEMA jurisdiction prior to construction of the bridge or impact to the 100-year floodplain. Other impacts to waters are not occurring within the 100-year floodplain or regulatory floodway. 8c. What source(s) did you use to make the floodplain determination? FEMA NFHL (Drawing 4, Verification Package). Bradley S . Luckey Applicant/Agent's Printed Name Bradley Digitally signed by Bradley Luckey ON: cn=Bradley Luckey, o=Pilot Enviromental, Inc, ou, email=blucke pilotenviro.00m, Luckey rU5 Date: 202109:21 16:4048 -04'00' 09.21.22 Date Applicant/Agent's Signature (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 15 of 15 PCN Form — Version 1.3 December 10, 2008 Version AGENT AUTHORIZATION This form authorizes Pilot to act as our agent in stream/wetland matters including U.S. Army Corps of Engineers and North Carolina Division of Water Resources field verification and permitting. Property Address: Owner Information: Address: Telephone Number: Fax Number: E-mail Address: 2321 Concord Parkway S Concord, NC Proj Coordinates (Decimal Degrees) S81916.-80.630547 RBB Beverage Operations Inc. 10501 N. Reems Road Waddell, AZ 85355-9646 +421-910-737-130 EU 808-371-9744 US 704-984-6428 johannes.schlatter@bhm-ing.com JURISDICTIONAL DETERMINATION REQUEST D. PROPERTY ACCESS CERTIFICATION By signing below, I authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps} to enter upon the property herein described for the purpose of conducting on - site investigations, if necessary, and issuing a jurisdictional determination pursuant to Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. I, the undersigned, am either a duly authorized owner of record of the property identified herein, or acting as the duly authorized agent of the owner of record of the property. Jesse King Print Name Capacity: X Owner _ Authorized Agent `-1/I QSy.2 1 Date 11 Signature R?6 /22, 1:40 PM c b_scun Property Report ^ tri . $ � . a -46 "ef rei 40 Or Na ƒ » e J - -, t,6 $ $ cky River Golf Club at Concord « 0 cabarus Country Club gd ej Community. at th Village Aae P0.1�+ •77 n 0 6 � -/\»��$ Frank !Jake Park S% e Si pow U m«km.canis court u _paw my 1/3 9/9/22, 1:40 PM Cabarrus County Property Report C harlotte Motor Speedway 17 br �. fro [ Vfr kt Cr Ur U rn �erjr�Vr � a a '?S. G e 8 n F a' rp sC d f� rrS � \t pn Dr �. Cabarrus County shall not be held liable for any errors in the data represented on this record. This includes errors of omission, commission, concerning the content of the data, and relative positi< construed to be a legal document. Primary sources from which this data was compiled must be consulted forverification of information represented on this map document. Physical Address: 2321 CONCORD PKWY S CONCORD NC 28027 PIN14: 55194706110000 Account Name 1: RRB BEVERAGE OPERATIONS INC Account Name 2: Mailing Address: 10501 N REEMS RD Mailing City: WADDELL Mailing State: AZ Mailing Zip Code: 85355 Property Real ID: 02-035 -0001.14 Plat Book: 00089 Plat Page: 00004 Land Units: 495.379 Units Type: AC Land Value: AC Building Value: 0 OBXF Value: undefined Assessed Value: 57359770 Market Value: 57359770 Sale Year: 2021 Sale Month: 7 Sale Price: 55000000 Deed Book: 15353 Deed Page: 0237 Fire District: Zoning: 1-2 Elementary School: Wolf Meadow ES Middle School: Roberta Road MS High School: West Cabarrus HS Precinct Name: undefined Legal Description: undefined https://location.cabarruscounty.us/rnapcabarrus/ 2/3 DWR Pre -Filing Meeting Request Form Contact Name* Contact Email Address* Project Owner* Project Name* Project County* Heather LaGamba hlagamba@pilotenviro.com BootsMeade LeaseCo, LLC Concord Parkway Cabarrus Owner Address:* Street Address 1717 S Boulder Ave Address Line 2 Suite 400 CRY State 1 Bovine 1 Fon Tulsa OK FBstal / Z) Code Gantry 74119 USA Is this a transportation project? * r Yes r: No Type(s) of approval sought from the DWR: fJ 401 Water Quality Certification - E 401 Water Quality Certification - Regular Express I— Individual Permit I— Modification I— Shoreline Stabilization Does this project have an existing project ID#? * r Yes' No Do you know the name of the staff member you would like to request a meeting with? Sue Hoewood Please give a brief project description below and include location information. * The applicant does not request a meeting. The applicant may submit a request for a 401 WQC. By digitally signing below, I certify that I have read and understood that per the Federal Clean Water Act Section 401 Certification Rule the following statements: • This form completes the requirement of the Pre -Filing Meeting Request in the Clean Water Act Section 401 Certification Rule. • I understand by signing this form that I cannot submit my application until 30 calendar days after this pre -filing meeting request. • I also understand that DWR is not required to respond or grant the meeting request. Your project's thirty -day clock started upon receipt of this application. You will receive notification regarding meeting location and time if a meeting is necessary. You will receive notification when the thirty -day clock has expired, and you can submit an application. Signature * Submittal Date 9/8/2021 DWR Pre -Filing Meeting Request Form Contact Name* Contact Email Address* Project Owner* Project Name* Project County* Heather LaGamba hlagamba@pilotenviro.com BootsMeade LeaseCo, LLC Concord Parkway Cabarrus Owner Address:* Street Address 1717 S Boulder Ave Address Line 2 Suite 400 CRY State 1 Bovine 1 Fon Tulsa OK FBstal / Z) Code Gantry 74119 USA Is this a transportation project? * r Yes r: No Type(s) of approval sought from the DWR: fJ 401 Water Quality Certification - E 401 Water Quality Certification - Regular Express I— Individual Permit I— Modification I— Shoreline Stabilization Does this project have an existing project ID#? * r Yes' No Do you know the name of the staff member you would like to request a meeting with? Sue Hoewood Please give a brief project description below and include location information. * The applicant does not request a meeting. The applicant may submit a request for a 401 WQC. By digitally signing below, I certify that I have read and understood that per the Federal Clean Water Act Section 401 Certification Rule the following statements: • This form completes the requirement of the Pre -Filing Meeting Request in the Clean Water Act Section 401 Certification Rule. • I understand by signing this form that I cannot submit my application until 30 calendar days after this pre -filing meeting request. • I also understand that DWR is not required to respond or grant the meeting request. Your project's thirty -day clock started upon receipt of this application. You will receive notification regarding meeting location and time if a meeting is necessary. You will receive notification when the thirty -day clock has expired, and you can submit an application. Signature * Submittal Date 9/8/2021 alb r'f�! ) z6 t SIOwrY zo ems `�� c. S � 7` NON—JURISDICT1ONAL PONDI 4 C� I, PERENNIAL STREAM,' TYP AS SHOWN $VZ chambers engineering, pa ce -129 North First Street + 704.984.6427 ph z Albemarle, NC 28001 I www.ce-pa.com OWNER RRB BEVERAGE OPERATIONS, INC. 10501 N REEMS ROAD WADDELL, AZ 85355 PROJECT SITE 2321 CONCORD PKWY 5 CONCORD, NC 28027 EXISTING CONDITIONS FIG 1 SCALE 1" = 500 PROPERTY BOUNDARY G-OOND FL OD FRINGE L $FQ chambers engineering, pa i ce -129 North First Street + 704.984.6427 ph z Albemarle, NC 28001 I www.ce-pa.com OWNER RRB BEVERAGE OPERATIONS, INC. 10501 N REEMS ROAD WADDELL, AZ 85355 PROJECT SITE 2321 CONCORD PKWY CONCORD, NC 28027 \ 7\1) 41-1 DEMOLITION TYP WETLAND, TYP AS SHOWN SITE DEMOLITION FIG 2 RAUCH (BOTTLING) OWNER RRB BEVERAGE ❑PERATIONS, INC. 10501 N REEMS ROAD WADDELL, AZ 85355 PROJECT SITE 2321 CONCORD PKWY 5 CONCORD, NC 28027 SCALE 1" = 500 PROPERTY BOUNDARY ='w a IMPACT 1 • ‘\1 1(;,5 I �~ t/1/3 r* /I/ 1 f/4, 4 ( �� s# f 1111'I )lff{ - I ,+ frZIY( II/ i( SDICTIONAL NON —JURI POND CONSTRUCTED IN UPLANDS IMPACT 9 $M chambers engineering, pa 2 ce -129 North First Street + 704.984.6427 ph z Albemarle, NC 28001 I www.ce-pa.com IMPACT 2 idl 4�i ■ !IIII I? �'III!ill! r', ■■ ■■■ NADI l ilig'! I: Ill 1 :rill III 111111 RED BULL (WAREHOUSE/ DIST) RAUCH (BOTTLING) RONDO AC II17. ■III! I lIWII �I IIII�i union ? i 1WJi timui1 Jl�R Nan�I �iiir w i s•1 °-� `'•� OWNER RRB BEVERAGE OPERATIONS, INC. 10501 N REEMS ROAD WADDELL, AZ 85355 PROJECT SITE 2321 CONCORD PKWY CONCORD, NC 28027 IMPACTS 5-8 FIG 4.5 NEW SUB —STATION GRADING PLAN FIG 4 a ��1 ?L I L r \\ ? e2 It a r i r� i + � �5 r r I/i I / 1 /r1 N f'f /I /7 1 1 1 t. t 1 /' V / L �_ / 1 r/ / 1 ( y 1 ,,,� , / / rS' 1 f { y J �� // /I/I / � / r rrJ 1 -� r 1 // r / /�' )1/ 1j1� �/ r if ( f II / / ti i / 1� (/, j $PV chambers engineering, pa i ce -129 North First Street + 704.984.6427 ph z Albemarle, NC 28001 I www.ce-pa.com C.. ! a\") (� f1 cf r { 7 r / t f `.`l� � 1 rill ').� 4 yl / \ PROPOSED GRADE! 1 �1 1 1 i, , J 1 ? }Lr -� ` — ) 1 ) o -._ ` �,J r 1�A/H EXISTING GRADEH •- 1- 4 { N./ 1! 7 S� (n r f r� t t c ,./ \ C — ���� �� �// \\ ��—� —/�/� ^/_ / �r L ._/f�-Jl fZi� r ) WETLAND, TYP )1 AS SHOWN kJ-- L _ / i Ad/ l \ (2 _/i,r /- / ; 1 �i1 i��L� �_/� ,, �� /IS I 1 ` I� 1 I L �Z4 I� r� r am/ / // / I4r ( n ? r / // ! 11 ,\'', ~--��,�� (1 y/J // 1 ( L ._� _ 1 / 7 .�,-Nr J/-- /I /11/ /�/ S� 1 / 1 `�/I l 1 I / r1 11 / /. J 1 rc- / J 1-"" l i I .J� r /; /. J n�� ` y ,--1, ✓/ / / I S f / �1.1�J11 �f / J //,/ f /f } e fll j] /ZA j 1 . r r i f f j/ / ' J )! L \ i L �/ 1) / ) 1 {/l t i 1 f /�! i I if / L /1+I J l I 1 1 { I L l {r1 / I\I f _�_ L f [ fl \ / OWNER RRB BEVERAGE OPERATIONS, INC. 10501 N REEMS ROAD WADDELL, AZ 85355 PROJECT SITE 2321 CONCORD PKWY 5 CONCORD, NC 28027 GRADING PLAN ENLARGED VIEW FIG 4.1 E1°= 100 t � / / /TEMPORARY IMPACT 1 r 1450 SF (.033 AC) 5 1" ( J icy CJ 4-7 r r PROPOSED GRADE �ar� r (EXISTING GRADE( L' "r 'TEMPORARY IMPACT 2 / I 840 SF (.02 AC) -I,z-../i—��� J^ r J /1 i 1/ r �>•/ f 1I11 �l�ri�/• // 1yTh /7/ \_ } �///N I N �►, chambers engineering, pa ce 1.7129 North First Street z Albemarle, NC 28001 I 704.984.6427 ph www.ce-pa.com OWNER RRB BEVERAGE OPERATIONS, INC. 10501 N REEMS ROAD WADDELL, AZ 85355 PROJECT SITE 2321 CONCORD PKWY 5 CONCORD, NC 28027 IMPACT 1 WETLAN D PERMANENT IMPACT 3216 SF (.074 AC) IMPACT 2 WETLAND PERMANENT IMPACT 1881 SF (.043 AC) GRADING PLAN ENLARGED VIEW FIG 4.2 —SLALL i' 10u RAUC (BOTTLI $VZ chambers engineering, pa i ce -129 North First Street 1 704.984.6427 ph z Albemarle, NC 28001 I www.ce-pa.com IMPACT 4 WETLAND PERMANENT IMP ACT 6510 SF (.149 AC) PROPOSED GRADE EXISTING GRADES OWNER RRB BEVERAGE OPERATIONS, INC. 10501 N REEMS ROAD WADDELL, AZ 85355 PROJECT SITE 2321 CONCORD PKWY 5 CONCORD, NC 28027 1 1 I � f (•_ 111( 1 I { 1 ) I -I T-" `- / -- j- (\`\�.\ \\ c, (I / C 11\ �k i f s } f 1 J ) (PROPERTY BOUNDARY r r ( r- 1 - r r �•r ,- r ) ) _r �'-� - .�� r _ram — J r r r I J ) 1 — 1 � i � C J GRADING PLAN ENLARGED VIEW FIG 4.3 ■i 1 - -I lam r, r, �11 PROPOSED FRENCH DRAIN INSTALLED IN STEAM BED UNDER PROPOSED F1LL, SEE PROFILE & DETAIL FIG 4.7 IMPACT 7 INTERMITTENT STREAM PERMANENT IMPACT 216 SF (.005 AC) 58 LF M�� WETLAND, TYP AS SHOWN �►, chambers engineering, pa 2 ce 1.7129 North First Street + 704.984.6427 ph z Albemarle, NC 28001 I www.ce-pa.com IMPACT 5 INTERMITTENT STREAM PERMANENT IMPACT 954 SF (.0219 AC) 321 LF IMPACT 8 WETLAND PERMANENT IMPACT 888 SF (.02 AC) OWNER RRB BEVERAGE OPERATIONS, INC. 10501 N REEMS ROAD WADDELL, AZ 85355 PROJECT SITE 2321 CONCORD PKWY 5 CONCORD, NC 28027 41, I., • • RONDO (PACKAGING) IMPACT 6 PERENNIAL STREAM PERMANENT IMPACT 340 SF (.008 AC) 75 LF 1-Wilarrevmaffilhi �flffllG�rr,�� ootlidiiiiir TEMPORARY IMPACT 3 116 SF (.003 AC) 29 LF !'s NEW SUB—STAI1ON PROPOSED GRADE POND W.E. 603.0 GRADING PLAN ENLARGED VIEW FIG 4.4 /I /// /// /// PROPOSED GRADE 1 -G 12" WA WETLAND, TYP AS SHOWN lI '. PROPERTY BOUNDARY FIM I .l �rJ y l 1 ) ( j II•\1\ 1l1 l �fj�r�� z `I ( 1 ] 1 I 1 I \ii�1111i St ; (I�(i;lr J c1 $PW chambers engineering, pa ce 1.7129 North First Street + 704.984.6427 ph z Albemarle, NC 28001 I www.ce-pa.com OWNER RRB BEVERAGE OPERATIONS, INC. 10501 N REEMS ROAD WADDELL, AZ 85355 PROJECT SITE 2321 CONCORD PKWY 5 CONCORD, NC 28027 GRADING PLAN ENLARGED VIEW FIG 4.5 0 lL fit `'\ l it' 1 I III 1 ) I 11t I / I� II III/1 /1 r �' '1 > I 1f 11 II/1 Il2I/111I jI� r 11111JI11 //If1 �111 / I �1111111111II I i4 111 [(Ili/fir/I 1JI111 /11ii1r 1/1(11111111r11I I/Id �I11111III�� Iff �I 11u 1 i Ilk I111111111 {11t {{{( Ifff111 ff11 11i 1 111111f I11{ llll 111 l {1111111l'1lIl11I11 1 I)411111II ll11111l 1111111`llllll\ 11t11 flll 111lljll�l\l����\l�l L \\\L� . WETLAND, TYP _= �� �� JJ 1 AS SHOWN` - = �� r� L N.,..„ —� ^1 it 1, ',.\\:\ \\\ l \ r gi / // �� - ` \ \\\\\\1, . 1 l 1 11` III / /,. i;04��� \�\ l l l l l rII \\tip \�\ ll� r��11 %I/�/ /��l�l_,��� yt��� 1,�11� ' f 1111� 11 1 �IjJJ�jjIIIIj��I {llrll111111' 1 1 1 } / �j /frlII� I r 11 v ]? +,I l � 41i1��4 tt1111111111` � �• 5.��������_� II I _ 1 1 11111r11 Lt 1 17/0" REF FIG :,,,: ROADWAY/ 1i V". DGE PROFILE • t� ,\._. 11 82 ► `.�1111 1a11�'`��oi 1 � i11111' 1}f 1 ; ' ,11�,�I11'�'/11I\% �Ill�'I' ,V1 1 '' \I1111 l'l l 110.21: 11111ll1'111�r111j111\�11�\111�1111I ,llIll11111111 �� 11 \ \\\ /ljlllllJ \ll l IAl ' In 1► �llllllll `l�(.I 1111111,1 ' ' , �f 1 11,E 1 1 1 •i 1 �111�'1 ll�lllll�l 1t Ill °\F"/ \ j11II \ ,111 -1 1 } BRIDGE COLUMN, TYP AS SHOWN Lrc 1 TEMPORARY IMPACT 5 27517 SF (.63 AC) IMPACT 9 'WETLAND PERMANENT IMPACT CAUSEWAY COLUMNS 13 EA 4'0 163 SF (.004 AC) N • r/ / 1 $PV chambers engineering, pa ce -129 North First Street 1 704.984.6427 ph z Albemarle, NC 28001 I www.ce-pa.com OWNER RRB BEVERAGE OPERATIONS, INC. 10501 N REEMS ROAD WADDELL, AZ 85355 PROJECT SITE 2321 CONCORD PKWY 5 CONCORD, NC 28027 GRADING PLAN ENLARGED VIEW FIG 4.6 0 1 2 SCALE 1" = 100H/ 10V FRENCH D' AIN PROFILE PROFILE —0+50 0+00 0+50 1+00 1+50 2+00 2+50 3+00 3+50 4+00 4+50 5+00 5+50 6+00 6+50 — 'PROPOSED GRADE — — II — — _ (EXISTING GRADE 1 \ — r i 1\ 'PROPOSED FRENCH DRAIN( I I I I I I I I I I I I I I 655 655 650 645 640 635 630 625 620 615 610 650 645 640 635 630 625 620 615 610 605 605 —0+50 0+00 0+50 1+00 1+50 2+00 2+50 3+00 3+50 4+00 4+50 5+00 5+50 6+00 6+50 PROPOSED FILL. HEIGHT VARIES PROPOSED FRENCH DRAIN, 3'WIDE, 1.5' THICK, WRAPPED FOUR SIDES WITH NON —WOVEN FILTER FABRIC (MIRAFI 140N, OR EQUAL) EXISTING SUBGRADE $PV chambers engineering, pa 2 ce -129 North First Street + 704.984.6427 ph z Albemarle, NC 28001 I www.ce-pa.com OWNER RRB BEVERAGE OPERATIONS, INC. 10501 N REEMS ROAD WADDELL, AZ 85355 FRENCH DRAIN PROJECT SITE 2321 CONCORD PKWY 5 CONCORD, NC 28027 FIG 4.7 0 1 2 SCALE 1" = 100 Alignment — BALL ENTRANCE PROFILE 1+502+00 655 650 645 640 635 630 625 620 615 610 605 600 595 590 585 580 4+00 6+00 8+00 9+50 _ _ WETLAND ZONE - _1- _ a N _ _ A Q I _ - _ I o Q ce cr, I - _ - I N I _ - I I II I I - _ I I _ _ I I _ \ I _ �~ _ _ 655 650 645 640 635 630 625 620 615 610 605 600 595 590 585 580 575 III 575 1+502+00 3+00 4+00 5+00 6+00 7+00 8+00 9+009+50 ,s►, chambers engineering, pa cc LL 129 North First Street 704.984.6427 ph z Albemarle, NC 28001 I www.ce-pa.com OWNER RRB BEVERAGE OPERATIONS, INC. 10501 N REEMS ROAD WADDELL, AZ 85355 PROJECT SITE 2321 CONCORD PKWY 5 CONCORD, NC 28027 BRIDGE ALIGNMENT/ PROFILE FIG 4.8 SCALE 1" = 500 IMPACT 1 IMPACT 9 PROPERTY BOUNDARY $ri chambers 2 ce -129 North First Street + 704.984.6427 ph z Albemarle, NC 28001 I www.ce-pa.com engineering, pa .,.tip ..- �u—�aasin� mirm�gc ac�rFA� nip701 `�P a �h iil l ■ a11iiini Ilq■ipmiliont R111 ■11 .1grpril I k: liliiirImitEI ;V II a, ■ l �� ■ ":.i:_p��iiyMar Oka 117 IMPACT 2 RED BULL (WAREHOUSE/ DIST) ■ ■■■1®1lPMI■ IN 1N IMPACT 3 EN !wpm Imo EN INN III!IIIIIIII lil RAUCH (BOTTLING) ■ ■■■ • ! WWI 410ur i 404114t1A001 WE rimiu lljiumin llltimig lmji e 113.■■■■■■'C■■11 +A'.-�1Teg.; 110. 11II►1GO►`IGOCII! .ter. ®��ap�_ =al rAir Va,.a1S• u�h.m �����a ®® r.�urrr.• EA 1■ r= ��EOM IMPACTS 5-8 tritr' 1 iu 9 MN IMILIEEM UW OWNER RRB BEVERAGE OPERATIONS, INC. 10501 N REEMS ROAD WADDELL, AZ 85355 PROJECT SITE 2321 CONCORD PKWY 5 CONCORD, NC 28027 RONDO (PACKAGING) NEW SUB—STATI MAINTENANCE STORM WATER PLAN FIG 5 r r SCALE 1" = 150 PROPERTY BOUNDARY EXISTING 24" RCP pJ2 ��-�R�• - r L� PROPOSED -, STORM OUTLET ri PROPOSED 24" RCP THROUGH SITE .. l 1, L. , 1( Z "] • s '"'^ „� j r1r n �, 1 ti r ;.,� ? N S v �i • 1, Is s /7 1,1 % r/ `� �`i 71 fst t J r `. 2jr>^ �� { PROPOSED • I / s $ {t�'� ` /� STORM OUTLET; -- Cr�� J f / S t 3 t 4 p� 1 f� `� / Yli� ',� 1 #- WETLAND, TYP 5 Z -, t ( C l) AS SHOWN , a 'L ' ,r- 1 / /f ) (I1 z� c r^` ), ds�-% �-' r c I ra y J `,� �. -.ram /l I ▪ /f�'� 1} ? 1 H f II// S / C {" - s 5 r ._ 7/ fir, �% 1 iI 4 _4� , i.� l �e /f II I/ f/ r l Jr4. J t { 1 (( � frt� , II J/ , J //(�/I r��St � A r A -- ) fJEII 11 /4 ) II I 11 5 OUTLET PROPOSED STORM PROPOSED STORM OUTLET f ) , ,,I, r r / --> „- Kr /c-. i e, 0:71-.,---,,,,TN.1r\.\\\ L ; i ) ) ( ( \ i 1 it r f L ( 1 fifrimmi'7414H- a " G )/7V (, tt I , `S / / ., ti' 1 r S / $PV chambers engineering, pa cc LL 129 North First Street + 704.984.6427 ph z Albemarle, NC 28001 I www.ce-pa.com 1I OWNER RRB BEVERAGE OPERATIONS, INC. 10501 N REEMS ROAD WADDELL, AZ 85355 PROJECT SITE 2321 CONCORD PKWY 5 CONCORD, NC 28027 IMPACT 1 WETLAND PERMANENT IMPACT `2924 SF (.067 AC) L'/ \ k IMPACT 2 WETLAND PERMANENT IMPACT 1710 SF (039 AC) IMPACT 3 WETLAND PERMANENT IMPACT 1258 SF (.0289 AC) YI IIIII �IIII III —_�- '.- :-_fie .: -. • •• STORM WATER PLAN ENLARGED VIEW IZEMNIA FIG 5.1 WETLAND, TYP AS SHOWN 1I r7J I // / II BMP WET POND 1 FINAL SIZE & LOCATION TO BE VERIFIED 1.11 \ �11� L I 1 LL?1 I , r : r� --- -- 1 ill I / ! f r i ,'r 1 / /.� 1 / I/1% li iLi ce 1 11 .. 1 1 `�l r!.1 I . ir 7/ 1 s () , /I ` I I l l N'� 1-., .{L 1 _ �r I7L 1 ��� 1 I l i 1J . ,1{1 �-- i. I \ \ 1 AZ.- 1 =_, 1 \ \1 / 1 1 ( �`( s \\1 I� fI I (I ���I��~�` +1� \ \\\ /�� 11 I I 11 �J��I - ` ♦` \�`\ )fl 1 1 Jr;/�I�VN \ `\\\ r I F ICI �a- L , �\ "\N �♦♦ 7 ' 0 ( < \ N , \ \ \ '‘Wilarmirt.t'k-'41!1_,--.,-.,-.• 4Z_____. / - 1 \ f / 1r \\ \`\ 1—ti L ._ " _ ?r1r J? rt., , Cam,. S L� 1\ \1 { 7 ) 1 .1 I F 1 �I]1:111,. — III �1 ■. - i BMP WET POND 2 FINAL SIZE & LOCATION TO BE VERIFIED 1 >� \ t `', ) )-. } IL i li{ I) 11i )? 1 I)IJ' i \ , \ ) ff( IZ \� `\4L\ �\k\alll \` { \ I1 �` \\ I11\ \�` JSL{ ,, { (I f 1 ` � I~ 1 {'\r L\ \ { 1{1.......( ) \(,4 \ l ‘..".•�\ `\ IN. °1\ �� t.. t y 1 BMP WP 1 engineering, pa i ct -129 North First Street + 704.984.6427 ph z Albemarle, NC 28001 I www.ce-pa.com OWNER RRB BEVERAGE OPERATIONS, INC. 10501 N REEMS ROAD WADDELL, AZ 85355 PROJECT SITE 2321 CONCORD PKWY 5 CONCORD, NC 28027 .44 MI /+k' r mil' ++ice V�' Mw IMPACT 3, WETLAND PERMANENT IMPACT 1258 SF (.0289 AC) ate wa e1F:�1'u 1.4,\\.1 .0 haw .MBI NMI LIO am! ! y � 11111rIS9pag�i1Y11�1`-711 EIM IIIM'Arriminuarf. I.YYYY►IYYI' 1 • a 1111111/11ifllflllY111' U `• (11Y11•1n' 1) 1l :�itll � 1� r 11 ill 11P f11►1►11 II A MINn1111E=. 0.ii1Y111n11111 1 11 J/�YG iYlllilil �' mownA • z• IEII.iJi► I u II � � STORM WATER PLAN ENLARGED VIEW FIG 5.2 BMP WET POND 3 FINAL SIZE & LOCATION TO BE VERIFIED BMP WET POND 4 FINAL SIZE & LOCATION TO BE VERIFIED • 4‘. IMPACT 9 WETLAND PERMANENT IMPACT TT�'.• { ` `� i�#/' Ll CAUSEWAY COLUMNS ��. t 7�413EA4'0 �'� j 163 SF (.004 AC) OWNER RRB BEVERAGE OPERATIONS, INC. 10501 N REEMS ROAD WADDELL, AZ 85355 PROJECT SITE 2321 CONCORD PKWY 5 CONCORD, NC 28027 NIA LE1"= PUBLIC l !1 t Ali I ,►, chambers engineering, pa 2 ce -129 North First Street + 704.984.6427 ph z Albemarle, NC 28001 I www.ce-pa.com IMPACT 7 INTERMITTENT STREAM PERMANENT IMPACT 216 SF (.005 AC) - � 1 Nti .\ • BMP WET POND • 5 , (FINAL SIZE & LOCATION ti TO BE VERIFIED 413�� d�1 l I ry 1 11n1 1 5 OWNER RRB BEVERAGE OPERATIONS, INC. 10501 N REEMS ROAD WADDELL, AZ 85355 PROJECT SITE 2321 CONCORD PKWY 5 CONCORD, NC 28027 — rfirfittifil� � I— 1 1— T —r -I i • 1- I —h — — —H—I_ PROPOSED FRENCH DRAIN UNDER FILL SECTION LOCATED IN ORIGINAL STREAM TO MAINTAIN _ GROUNDWATER CONNECTIVITY. DRAIN TO EXTEND TO TOE OF SLOPE I— 1 1 IMPACT 5 INTERMITTENT STREAM PERMANENT IMPACT 954 SF (.0219 AC) IMPACT 6 PERENNIAL STREAM PERMANENT IMPACT 340 SF (.008 AC) I a WETLAND, TYP ▪ /7 AS SHOWN )\\ 1Z� L 1---- .ti' 1. s���L y J S (\l�l3ffI If1'' '2 )):--" "(j((r /(!! fix _=JJl7///) i 11 f �-5 rzI 4 1 r _ --. —�j !f �I r �1 — J —jr/J .J 11.4 7 -r fi, z j ., - ) Yr '' )\- N v1\ \ � S 1 �r�r * 1, bi ./j/Hwion':. :Ratr, ..i; C i� A \ oi,4� � L I ) 1 ___„01,0? t i ) STORM WATER PLAN ENLARGED VIEW I —' I } .0) FIG 5.4 _ WA PE, NE i t'>r� 'NUM IMMI ►1►� Mir ■r.I1 Pr AN 112 MEd -tea aVIEW jllRg1 Ik MPACT 4 WETLAND PERMANENT IMPACT rr-I ^1!'=:� 651 O SF (.149 AC) t ` IIii!IiIi \. >�EKTeMM IIIIIIII. I .. t� -TI �►, chambers engineering, pa i cc 1-129 North First Street 1 704.984.6427 ph z Albemarle, NC 28001 I www.ce-pa.com PROPOSED STORM OUTLET 55MH RN: 515.5 N eoo.oapN) wv. 906.99(ou1) NG PUBLIC 12" WATELR BMP WET POND 6 FINAL SIZE & LOCATION TO BE VERIFIED 4.45 m: w+.00pN) . eoa.as[auq I•�' i1 1 X l I I li J `j f'tl}•. 1 f N I ''�!1 JI ��� �— �� car �, J r r - rr i7J � � — � � _�� - TORM OUTLET = \'- "�— c- -r j '-i('-/ ( /- f .--- ..--' — "?'":11--77:-------T—N\ \,\,..S\''' \ l 1\ 1i( /i �� LI� 1,, 11 ` 1O 1 WETLAND, TYP S3I �i' , t, .\ \ AS SHOWN J rr fll Ii 4f�•', '' �Y `.. =\�\y\ ] (��if�fj1 i. �I iI a l l r 1 N_f 4r �l J -._r--)--,...,-\1 r �\ PROPOSED STORM OWNER RRB BEVERAGE OPERATIONS, INC. 10501 N REEMS ROAD WADDELL, AZ 85355 PROJECT SITE 2321 CONCORD PKWY 5 CONCORD, NC 28027 GRADING PLAN ENLARGED VIEW FIG 5.5 fires RES Aster, LLC Stream Mitigation Bank Statement of Availability September 9, 2022 U.S. Army Corps of Engineers Crystal Amschler Asheville Regulatory Field Office 151 Patton Avenue 3208 Asheville, NC 28801 Re Project: Aquamarine This document confirms that the RBB Beverage Operations. Inc. (Applicant) for the Aquamarine (Project) has expressed an interest to utilize 968.00 Stream Mitigation Credits from the RES Aster sponsored RES Yadkin 05 Umbrella Mitigation Bank, specifically 968.00 Stream credits from the Cardinal site, in the Yadkin HUC 03040105. As the official Bank Sponsor, RES Aster, LLC, attests to the fact that mitigation is available for reservation at this time. These mitigation credits are not considered secured, and consequently are eligible to be used for alternate purposes by the Bank Sponsor, until payment in full is received from the Applicant resulting in the issuance of a Mitigation Credit Transfer Certificate by the bank acknowledging that the Applicant has fully secured credits from the bank and the Banker has accepted full responsibility for the mitigation obligation requiring the credits/units. The Banker will issue the Mitigation Credit Transfer Certificate within three (3) days of receipt of the purchase price. Banker shall provide to Applicant a copy of the Mitigation Credit Transfer Certificate and a documented copy of the debit of credits from the Bank Official Credit Ledger(s), indicating the permit number and the resource type secured by the applicant. A copy of the Mitigation Credit Transfer Certificate, with an updated Official Credit Ledger will also be sent to regulatory agencies showing the proper documentation. Please contact meat 919-209-1055 or astaley@res.us if you have any questions. Best Regards, Amy Staley Credit Sales Manager Bank Sponsor — RES Aster, LLC ROY COOPER Governor ELIZABETH 5. B1SER Secretary MARC RECKTENWALD Director Jesse King RBB Beverage Operations, Inc. 10501 N. Reems Road Waddell, AZ 85355 NORTH CAROLINA Environmental Quality September 9, 2022 Expiration of Acceptance: 3/9/2023 Project: Aquamarine County: Cabarrus 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-digit HUC) Impact Type Impact Quantity Yadkin 03040105 Riparian Wetland 1.25 Yadkin 03040105 Warm Stream 968 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 Kelly.Williams@ncdenr.gov. cc: Bradley Luckey, agent 1:1E h•'��f�i�.Afli it l^��� � oeprt wnl of ErcAmnmenLl Sincerely, AewvAklatAxykv FOR James. B Stanfill Deputy Director North Carolina Department of Environmental Quality I Division of Mitigation Services 217 West Jones Street 1 1652 Mail Service Center I Raleigh. North Carolina 27699-1652 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.govinc-es/es/countyfr.html In Reply Refer To: Consultation Code: 04EN1000-2021-SLI-1230 Event Code: 04EN1000-2021-E-02708 Project Name: Aquamarine September 14, 2021 Subject: List of threatened and endangered species that may occur in your proposed project location or may be affected by your proposed project To Whom It May Concern: The attached species list identifies threatened, endangered, proposed and candidate species, as well as proposed and final designated critical habitat, that may occur within the boundary of your proposed project and/or may be affected by your proposed project. Although not required by section 7, many agencies request species lists to start the informal consultation process and begin their fulfillment of the requirements under section 7(c) of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). This list, along with other helpful resources, is also available on the U.S. Fish and Wildlife Service (Service) —Asheville Field Office's (AFO) website: https://www.fws.govlraleigh/species/ cntylist/nc counties.html. The AFO website list includes "species of concern" — species that could potentially be placed on the federal list of threatened and endangered species in the future. Also available are: Design and Construction Recommendations https:llwww.fws.gov/asheville/htmis/project review/Recommendations.html • Optimal Survey Times for Federally Listed Plants https://www.fws.gov/nc-es/plantlplant survey.html • Northern long-eared bat Guidance https:llwww.fws.gov/asheville/htmis/project review/NLEB in WNC.html • Predictive Habitat Model for Aquatic Species https://www.fws.gov/asheville/htmls/Maxent/Maxent.html New information based on updated surveys, changes in the abundance and distribution of species, changed habitat conditions, or other factors could require modifications of these lists. 09/14/2021 Event Code: 04EN1000-2021-E-02708 2 Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act, the accuracy of the species lists should be verified after 90 days. This verification can be completed formally or informally as desired. The Service recommends that verification be completed by visiting the ECOS-IPaC website or the APO website (the AFO website dates each county list with the day of the most recent update/change) at regular intervals during project planning and implementation for updates to species lists and information. An updated list may be requested through the ECOS-IPaC system by completing the same process used to receive the enclosed list or by going to the AFO website. The purpose of the Act is to provide a means whereby threatened and endangered species and the ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the Act and its implementing regulations (50 CFR 402 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) (c)). For projects other than major construction activities, the Service suggests that a Biological Evaluation similar to a Biological Assessment be prepared to determine whether the project may affect listed or proposed species and/or designated or proposed critical habitat. Recommended contents of a Biological Assessment are described at 50 CFR 402.12 and on our office's website at https://www.fws.govlasheville/htmislproject review/assessment guidance.html. If a Federal agency (or their non-federal representative) determines, based on the Biological Assessment or Biological Evaluation, that listed species and/or designated critical habitat may be affected by the proposed project, the agency is required to consult with the Service pursuant to 50 CFR 402. In addition, the Service recommends that candidate species, proposed species, and proposed critical habitat be addressed within the consultation. More information on the regulations and procedures for section 7 consultation, including the role of permit or license applicants, can be found in the "Endangered Species Consultation Handbook" at: http:// www.fws.gov/endangered/esa-library/pdf/TOC-GLOS.PDF. Though the bald eagle is no longer protected under the Endangered Species Act, please be aware that bald and golden eagles are protected under the Bald and Golden Eagle Protection Act (16 U.S.C. 668 et seq.), and projects affecting these species may require additional consultation (see https:llwww.fws.gov/southeast/our-serviceslpernitsleaglesl). Wind energy projects should follow the wind energy guidelines (http:l/www.fws.gov/windenergy/) for minimizing impacts to migratory birds (including bald and golden eagles) and bats. Guidance for minimizing impacts to migratory birds for projects including communications towers (e.g., cellular, digital television, radio, and emergency broadcast) can be found at: http:// www. fws. gov/migratorybirds/Cure ntB irdI ssu es/Haz ardsltowers/towers.htm; http://www.towerkill.com; and http://www.fws.gov/migratotybirds/CurrentBirdIssues/Hazards/ towers/comtow.html. 09/14/2021 Event Code: 04EN1000-2021-E-02708 3 We appreciate your concern for threatened and endangered species. The Service encourages Federal agencies to include conservation of threatened and endangered species into their project planning to further the purposes of the Act. Please include the Consultation Tracking Number in the header of this letter with any request for consultation or correspondence about your project that you submit to our office. Attachment(s): ▪ Official Species List ▪ Migratory Birds ▪ Wetlands 09/14/2021 Event Code: 04EN1000-2021-E-02708 1 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 09/14/2021 Event Code: 04EN1000-2021-E-02708 2 Project Summary Consultation Code: 04EN1000-2021-5LI-1230 Event Code: 5ome(04EN1000-2021-E-02708) Project Name: Aquamarine Project Type: DEVELOPMENT Project Description: The site is being considered for industrial development. Project Location: Approximate location of the project can be viewed in Google Maps: https:// www.google.com/maps/@35.378929049999996,-80.62979811566392,14z Counties: Cabarrus County, North Carolina 09/14/2021 Event Code: 04EN1000-2021-E-02708 3 Endangered Species Act Species There is a total of 4 threatened, endangered, or candidate species on this species list. Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species. IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA Fisheriesl, as USFWS does not have the authority to speak on behalf of NOAA and the Department of 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. 1. 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 Northern Long-eared Bat Myotis septentrionalis No critical habitat has been designated for this species. Species profile: https://ecos.fws.govlecplspecies/9045 Clams NAME STATUS Threatened STATUS Carolina Heelsplitter Lasmigona decorata There is final critical habitat for this species. The location of the critical habitat is not available. Species profile: https://ecos.iws.govlecplspecies/3534 Insects NAME Monarch Butterfly Danaus plexippus No critical habitat has been designated for this species. Species profile: hops://ecos.fws.govlecplspecies/9743 Endangered STATUS Candidate Flowering Plants NAME STATUS Schweinitz's Sunflower 1elianthus schweinitzii No critical habitat has been designated for this species. Species profile. https://ecos.iws.govlecplspecies/3849 Endangered 09/14/2021 Event Code: 04EN1000-2021-E-02708 4 Critical habitats IHERL ARE NO CRI IILAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICES JURISDICTION. 09/14/2021 Event Code: 04EN1000-2021-E-02708 1 Migratory Birds Certain birds are protected under the Migratory Bird Treaty Actl 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. NAME BREEDING SEASON Cerulean Warbler Dendroica cerulea This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. https:llecos. fws. govlecplspecies/2974 Red-headed Woodpecker Melanerpes erythrocephalus This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska Wood Thrush Hylocichla mustelina This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Breeds Apr 28 to Jul 20 Breeds May 10 to Sep 10 Breeds May 10 to Aug 31 09/14/2021 Event Code: 04EN1000-2021-E-02708 2 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 l0km 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: 1. 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 0.2510.25 = 1; at week 20 it is 0.05/0.25 = 0.2. 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 (I) 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 09/14/2021 Event Code: 04EN1000-2021-E-02708 3 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 1 survey effort — no data SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Cerulean Warbler BCC Rangewide+++� +++' NII Hil Ilii+ (CON) Red-headed +++ ++++ —+�+ +++� +III NII NII IIII II++ +-+- Wvvdpecker BCC Rangewide (CON) BCC Thrush'IINIINII1111--- BCC Rangewide +++_ ++++ —+_+ +++' + +�+— (CON) Additional information can be found using the following links: ▪ Birds of Conservation Concern http://www.fws.gov/birdslmanagemenilmanaged-species/ birds-of-conservation-concern.php ▪ Measures for avoiding and minimizing impacts to birds http://www.fws.gov/birds/ management/project-assessment-tools-and-guidance/ conservation-m easure s. php ▪ Nationwide conservation measures for birds http://www.fws.govlmigratorybirds/pdf/ m ana gem entlnatio nwidestandard c onservationm easures. p df 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 (BCC) and other species that may warrant special attention in your project location. 09/14/2021 Event Code: 04EN1000-2021-E-02708 4 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 . 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 (SCRs) 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). 09/14/2021 Event Code: 04EN1000-2021-E-02708 5 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 Loring. What if I have eagles on my list? If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid violating the Eagle Act should such impacts occur. Proper Interpretation and Use of Your Migratory Bird Report The migratory bird list generated is not a list of all birds in your project area, only a subset of birds of priority concern. To learn more about how your list is generated, and see options for identifying what other birds may be in your project area, please see 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. 09/14/2021 Event Code: 04EN1000-2021-E-02708 1 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. FRESHWATER EMERGENT WETLAND - PEM1Fh FRESHWATER FORESTED/SHRUB WETLAND - PF01A - PF01C FRESHWATER POND - PUBHh - PUBHx RIVERINE - R4SBC - RSUBH United States Department of the Interior FISH AND WILDLIFE SERVICE Asheville Field Office 160 Zillicoa Street Asheville. North Carolina 28801 December 2, 2021 David Brame Pilot Environmental, Inc. P.O. Box 128 Kernersville, North Carolina 27285 dbrame@pilotenviro.com Subject: Aquamarine Undisclosed Development; Cabarrus County, North Carolina Dear David Brame: f us. FISH &WILDLIFE SERVICE The U.S. Fish and Wildlife Service (Service) has reviewed the information provided in your email correspondence dated October 26, 2021 wherein you solicit our comments regarding project -mediated impacts to federally protected species. We submit the following comments in accordance with the provisions of the Fish and Wildlife Coordination Act, as amended (16 U.S.C. 661-667e); the National Environmental Policy Act (42 U.S.C. §4321 et seq.); and section 7 of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531-1543) (Act). Project Description Beyond providing parcel locations totaling approximately 520 acres, the information provided did not describe the proposed action. However, we understand the proposed project would require authorization from the U.S. Army Corps of Engineers. Federally Listed Endangered and Threatened Species According to Service records, suitable summer roosting habitat may be present in the action area (50CFR 402.02) for the federally threatened northern long-eared bat (Myotis septentrionalis). However, the final 4(d) rule, (effective as of February 16, 2016) exempts incidental take of northern long-eared bat associated with activities that occur greater than 0.25 miles from a known hibernation site, and greater than 150 feet from a known, occupied maternity roost during the pup season (June 1 — July 31). Based on the information provided, the project would occur at a location where any incidental take that may result from associated activities is exempt under the 4(d) rule for this species. Although not required, we encourage the Applicant to avoid any associated tree clearing activities during this animal's maternity roosting season from May 15 — August 15. The information provided indicates that suitable habitat is present within the action area for the federally endangered Schweinitz's sunflower (Helianthus schweinitzii). However, targeted surveys conducted during the appropriate timeframe (October 6, 2021) did not detect evidence for this species at that time. Therefore, we would concur with a "may affect, not likely to adversely affect" determination from the appropriate action agency for this species. The survey results provided are valid for two years for the purposes of consultation under the Act: https://www. fws. govlashevillelpdfs/Optimal%2aSurvey%2OWindows%20for%20listed%2dplant s%202020.pdf Based on the information provided, we believe that suitable habitat is not present onsite for the federally endangered Carolina heelsplitter (Lasnzigona decorata). In accordance with the Act, it is the responsibility of the appropriate federal action agency or its designated representative to review its activities or programs and to identify any such activities or programs that may affect endangered or threatened species or their habitats. If it is determined that the proposed activity may adversely affect any species federally listed as endangered or threatened, formal consultation with this office must be initiated. The Service appreciates the opportunity to provide these comments. Please contact Mr. Byron Hamstead of our staff at byron hamstead@fws.gov if you have any questions. In any future correspondence concerning this project, please reference our Log Number 4-2-22-428. Sincerely, - - original signed - - Janet Mizzi Field Supervisor 2 LEGEND • ■ ■ ■ Surveyed — Gone Surveyed Only Study Listed Study Listed and Determined Eligible Determined Eligible National Register Boundary Study Listed Boundary Drawing 6 NCSHPO-HPO Data Layer Scale: 1" = 1,500' PIIOT "" a PILOT E N V I R O N M E N T A L,{ N C NCSHPO- HPO GIS Map Aquamarine Concord Approximate 520-Acre Tract Concord, Cabarrus County, NC Pilot Project 7217 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2021-01563 County: Cabarrus County NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner/Applicant: RRB Beverage Operations Jesse g Kin Address: 10501 N. Reems Rd Waddell, AZ, 85355 Size (acres) approximately 520 acres Nearest Town Concord Nearest Waterway Wolf Meadow Branch River Basin Upper Pee Dee USGS HUC 03040105 Coordinates Latitude: 35.381916: Longitude: -80.630547 Location description: The Aquamarine Protect is on approximately 520 acres of land located south of Hwy 24/Concord Parkway South. approximately 0.5 miles east of the intersection of Hwy 24 with George W Liles Pkwv of Hwy 24. in Concord. Cabarrus County. North Carolina. This iurisdictional determination only covers portions of the protect as shown in the attached Preliminary JD Map. Indicate Which of the Following Apply: A. Preliminary Determination X There appear to be waters, including wetlands, on the above described 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. 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 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 thewaters, 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 of the U.S., including wetlands, on your 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 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 of the U.S., including wetlands, on the above described property subject to the permit requirements of 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. Page 1 of 2 SAW-2021-01563 _ We recommend you have the waters of the U.S., including wetlands, on your 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. _ The waters of the U.S., including wetlands, on your property have been delineated and the delineation has been verified by the Corps. 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, unless there is a change in law or our published regulations, may be relied upon for a period not to exceed five years from the date of this notification. _ The waters of the U.S., including wetlands, have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on . 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 no waters of the U.S., to include wetlands, present on the above described 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 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 (CAMA). 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 Crystal Amschler at (828) 271-7980 X 4231 or Crystal.C.AmschlerAusace.army.mil. C. Basis For Determination: N/A. An Approved dD has not been completed. D. Remarks: Portions of the property not covered by this JD are covered under an approved JD issued on 5/31/2022 E. Attention USDA Program Participants The delineation included herein has been conducted to identify the location and extent of the aquatic resource boundaries and/or the jurisdictional status of aquatic resources for purposes of the Clean Water Act for the particular site identified in this request. This delineation and/or jurisdictional determination may not be valid for the Wetland Conservation Provisions of the Food Security Act of 1985, as amended. If you or your tenant are USDA program participants, or anticipate participation in USDA programs, you should discuss the applicability of a certified wetland determination with the local USDA service center, prior to starting work. F. Appeals Information for Approved Jurisdiction Determinations (as indicated in Section 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 SAW-2021-01563 PHILIP.A. SHANN1N@USAGE. 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 ***. It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence. Digitally signed by Crystal Crystal Amschler Amschler Corps Regulatory Official: Date- 2022 05 31 1318.25 -04'OPate of ND: May 31, 2022 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://regtllatory.ops.usace. army.millcustomer-service-survey/. SAW-2021-01563 NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: RRB Beverage Operations File Number: SAW-2021-01563 Date: 5/31/2022 Attached is: See Section below INT11AL PROFFERED PERMIT (Standard Permit or Letter of permission) A PROFFERED PERMIT (Standard Permit or Letter of permission) B PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at httu://www.usace.armv.millMissions/CivilWorks/RegulatorvProaramandPerinits.aspx or 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 fonn 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 fonn to the division engineer. This fonn 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 fonn and sending the fonn to the division engineer. This fonn must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMNATION: You do not need to respond to the Corps regarding the preliminary M. 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. SAW-2021-01563 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 audlor the appeal process you may contact: District Engineer, Wilmington Regulatory Division, If you only have questions regarding the appeal process you may also contact: MR. PHILIP A. SHANK T ADMINISTRATIVE APPEAL REVIEW OFFICER CESAD-PDS-0 60 FORSYTH STREET SOUTHWEST, FLOOR M9 ATLANTA, GEORGIA 30303-8803 PHONE: (404) 562-5136: FAX (404) 562-5138 EMAIL: PHILIP.A.SHANNIN@USACE.ARMY.MIL Attn: 69 Darlington Ave Wilmington, NC 28403 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, consultants, to conduct investigations of the project site during the course of the appeal process. notice of any site investigation, and will have the opportunity to participate in all site investi and any government You will be provided a 15 day 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: Crystal Amschler, 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. Phillip Shannin, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Floor M9, Atlanta, GA 30303-8803 Phone: (404) 562-5136; EMAIL: PHII.IP.A.SHANNlN@USACE.ARMY.M[L Preliminary JD Map -issued 5/31/2022 Blacked out areas covered under a separate Jurisdictional Determination Legend Site Boundary Perennial Stream Intermittent Stream Wetland Pond Stormwater Pond • Culvert • Data Point DRAWING 5.3 DRAWING 5.4 140 DRAWING 5.5 DRAWING 5.6 Drawing 5 Aerial Imagery from ESRI and Pilot GPS Data Scale: 1" = 1,000' Date: 10.20.21 PILL T A L . PILOT E N V I R O N NI E N T A L. I N C Wetland Map Aquamarine Concord Approximate 520-Acre Tract Concord, Cabarrus County, NC Pilot Project 7217 Legend _ Site Boundary Perennial Stream Intermittent Stream Wetland Pond Stormwater Pond • Culvert • Data Point THE LOCATIONS OF FEATURES SHOWN ON THIS MAP WERE FIELD VERIFIED BY MS. CRYSTAL AMSCHLER AND MS. KRYSTYNKA STYGAR WITH THE USACE ON OCTOBER 6, 2021. THIS MAP INCLUDES GPS LOCATIONS OF DELINEATED FEATURES. DSB1 4178 LF DWH 13.268 Ac. DWI{ 5.013 Ac. DWP 0.44 Ac PA 1.296 Ac. ■■ 0DP-8 0 DP-7 DWI —0.029 Ac. Drawing 5.1 Aerial Imagery from ESRI and Pilot GPS Data Scale: 1" = 300' Date: 10.20.21 PILOT E N V I R O N NI E N T A L. I N C Wetland Map Aquamarine Concord Approximate 520-Acre Tract Concord, Cabarrus County, NC Pilot Project 7217 Legend _ Site Boundary Perennial Stream Intermittent Stream Wetland Pond Stormwater Pond ■ Culvert ■ Data Point THE LOCATIONS OF FEATURES SHOWN ON THIS MAP WERE FIELD VERIFIED BY MS. CRYSTAL AMSCHLER AND MS. KRYSTYN KA STYGAR WITH THE USACE ON OCTOBER 6, 2021. THIS MAP INCLUDES GPS LOCATIONS OF DELINEATED FEATURES. Drawing 5.1a Aerial Imagery from ESRI and Pilot GPS Data Scale: 1" = 200' Date: 10.20.21 Non -Jurisdictional SWP6 - Constructed in Uplands 4.38 Ac. APPROVED JD AREA 1 (25 Acres) Non -Jurisdictional SWP5 - Constructed in Uplands 2.474 Ac. PILOTA.�_ PILOT E N V I R O N NI E N T A L. I N C Wetland Map Aquamarine Concord Approximate 520-Acre Tract Concord, Cabarrus County, NC Pilot Project 7217 Legend Site Boundary Perennial Stream Intermittent Stream Wetland Pond rks-aki:3 Stormwater Pond • Culvert • Data Point ., DSB1_ 4178 LF4 APPROVED JD AREA 1 SEE DRAWING 5.1a Ac. DSC 1047 LF APPROVED JD AREA 2 SEE DRAWING 5.2a THE LOCATIONS OF FEATURES SHOWN ON THIS MAP WERE FIELD VERIFIED BY MS. CRYSTAL AMSCHLER AND MS. KRYSTYNKA STYGAR WITH THE USACE ON OCTOBER 6, 2021. THIS MAP INCLUDES GPS LOCATIONS OF DELINEATED FEATURES. Drawing 5.2 Aerial Imagery from ESRI and Pilot GPS Data Scale: 1" = 300' Date: 10.20.21 P1LOTr�._ PILOT E N V I R O N NI E N T A L. I N C Wetland Map Aquamarine Concord Approximate 520-Acre Tract Concord, Cabarrus County, NC Pilot Project 7217 Legend Site Boundary Perennial Stream Intermittent Stream Wetland Pond Stormwater Pond Culvert • Data Point Non -Jurisdictional SWP4 - Constructed in Uplands 1.004 Ac. DWJ `0.3 24 Ac. APPROVED JD AREA 2 (3.4 Acres) THE LOCATIONS OF FEATURES SHOWN ON THIS MAP WERE FIELD VERIFIED BY MS. CRYSTAL AMSCHLER AND MS. KRYSTYNKA STYGAR WITH THE USACE ON OCTOBER 6, 2021. THIS MAP INCLUDES GPS LOCATIONS OF DELINEATED FEATURES. Drawing 5.2a Aerial Imagery from ESRI and Pilot GPS Data Scale: 1" = 100' Date: 10.20.21 PI LOT/1% PILOT E N V I R O N NI E N T A L. I N C Wetland Map Aquamarine Concord Approximate 520-Acre Tract Concord, Cabarrus County, NC Pilot Project 7217 Legend Site Boundary Perennial Stream Intermittent Stream Wetland Pond Stormwater Pond • Culvert • Data Point THE LOCATIONS OF FEATURES SHOWN ON THIS MAP WERE FIELD VERIFIED BY MS. CRYSTAL AMSCHLER AND MS. KRYSTYNKA STYGAR WITH THE USACE ON OCTOBER 6, 2021. THIS MAP INCLUDES GPS LOCATIONS OF DELINEATED FEATURES. Drawing 5.3 Aerial Imagery from ESRI and Pilot GPS Data Scale: 1" = 200' Date: 10.20.21 P1 LOTi�._ PILOT E N V I R O N NI E N T A L. I N C Wetland Map Aquamarine Concord Approximate 520-Acre Tract Concord, Cabarrus County, NC Pilot Project 7217 MWF 0.192 Ac. MWD 0.5 88 Ac. 411111111111111. 0SF-1 4 ea= a Legend Site Boundary Perennial Stream Intermittent Stream Wetland Pond Stormwater Pond ■ Culvert • Data Point Ilk MWE 0.0 67 Ac. • MSA 127 LF DP-2 DP-1 0 DWM 0.246 Ac. •Q,SF-2 MSB1 214 LF SF-3 0 MSC1 287 LF MSB 621 LF MSC2 227 LF MSD1 5320 IF THE LOCATIONS OF FEATURES SHOWN ON THIS MAP WERE FIELD VERIFIED BY MS. CRYSTAL AMSCHLER AND MS. KRYSTYNKA STYGAR WITH THE USACE ON OCTOBER 6, 2021. THIS MAP INCLUDES GPS LOCATIONS OF DELINEATED FEATURES. Drawing 5.4 Aerial Imagery from ESRI and Pilot GPS Data Scale: 1" = 200' Date: 10.20.21 1 PI�TrR►.�_ PILOT41,1 E N V I R O N NI E N T A L- I N C Wetland Map Aquamarine Concord Approximate 520-Acre Tract Concord, Cabarrus County, NC Pilot Project 7217 MSF1 335 LF MSF2 56 LF DP-9 0 1 MSF3 342 LF MWT 11004 Ac. MSF4 ,+ 496 LF THE LOCATIONS OF FEATURES SHOWN ON THIS MAP WERE FIELD VERIFIED BY MS. CRYSTAL AMSCHLER AND MS. KRYSTYNKA STYGAR WITH THE USACE ON OCTOBER 6, 2021. THIS MAP INCLUDES GPS LOCATIONS OF DELINEATED FEATURES. P i• 1 Legend 11 ■ • M W! 0.105 Ac. Site Boundary Perennial Stream Intermittent Stream Wetland Pond Stormwater Pond Culvert Data Paint \ MSF5 MSF 82LF )39LF' MSD1 5320 IF Drawing 5.5 Aerial Imagery from ESRI and Pilot GPS Data Scale: 1" = 250' Date: 10.20.21 PILOT E N V I R O N NI E N T A L- I N C Wetland Map Aquamarine Concord Approximate 520-Acre Tract Concord, Cabarrus County, NC Pilot Project 7217 1 DWK 0.051 Ac. DWD 0.13 Ac. 1 • DWL "0.305 Ac. 4 THE LOCATIONS OF FEATURES SHOWN ON THIS MAP WERE FIELD VERIFIED BY MS. CRYSTAL AMSCHLER AND MS. KRYSTYNKA STYGAR WITH THE USACE ON OCTOBER 6, 2021. THIS MAP INCLUDES GPS LOCATIONS OF DELINEATED FEATURES. A _ Legend Site Boundary Perennial Stream Intermittent Stream Wetland Pond Stormwater Pond ■ Culvert • Data Point MSD2 269 LF .yam �11t Drawing 5.6 Aerial Imagery from ESRI and Pilot GPS Data Scale: 1" = 300' Date: 10.20.21 PILOT E N V I R O N NI E N T A L. I N C Wetland Map Aquamarine Concord Approximate 520-Acre Tract Concord, Cabarrus County, NC Pilot Project 7217 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2021-01563 County: Cabarrus Count NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner/Applicant: Address: RRB Beverage Operations Jesse King 10501 N. Reems Rd Waddell, AZ, 85355 Size (acres) approximately 520 acres Nearest Town Concord Nearest Waterway Wolf Meadow Branch River Basin Upper Pee Dee USGS HUC 03040105 Coordinates Latitude: 35.381916. Longitude: -80.630547 Location description: The Aquamarine Project is on approximately 520 acres of land located south of Hwy 24/Concord Parkway South. approximately 0.5 miles east of the intersection of Hwy 24 with George W Liles Pkwy of Hwy 24, in Concord. Cabarrus County. North Carolina. This jurisdictional determination only covers portions of the project as shown in the attached map titled "SAW-2021-01563 Review Area Map for SWPS, SWP6, SWP4 and DWJ." Indicate Which of the Following Apply: A. Preliminary Determination _ There appear to be waters, including wetlands, on the above described 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. 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 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 thewaters, 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 of the U.S., including wetlands, on your 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 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 fora period not to exceed five years from the date of this notification. _ There are waters of the U.S., including wetlands, on the above described property subject to the permit requirements of 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 fora period not to exceed five years from the date of this notification. Page 1 of 2 SAW-2021-01563 _ We recommend you have the waters of the U.S., including wetlands, on your 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 Carps. _ The waters of the U.S., including wetlands, on your property have been delineated and the delineation has been verified by the Corps. 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 CWAjurisdiction on your property which, unless there is a change in law or our published regulations, may be relied upon for a period not to exceed five years from the date of this notification. _ The waters of the U.S., including wetlands, have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on . Unless there is a change in law or our published regulations, this determination may be relied upon fora period not to exceed five years from the date of this notification. x There are no waters of the U.S., to include wetlands, present on the above described 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 law or our published regulations, this determination may be relied upon fora 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 Crystal Amschler at (828) 271-7980 X 4231 or Crystal.C.Amschler@usace.army.mil. C. Basis For Determination: See attached Approved JD forms. D. Remarks: Portions of the property not covered by this JD are covered under a Preliminary JD issued on 5/31/2022 E. Attention USDA Program Participants The delineation included herein has been conducted to identify the location and extent of the aquatic resource boundaries and/or the jurisdictional status of aquatic resources for purposes of the Clean Water Act far the particular site identified in this request. This delineation and/arjurisdictional determination may not be valid for the Wetland Conservation Provisions of the Food Security Act of 1985, as amended. If you or your tenant are USDA program participants, or anticipate participation in USDA programs, you should discuss the applicability of a certified wetland determination with the local USDA service center, prior to starting work. F. Appeals Information for Approved Jurisdiction Determinations (as indicated in Section 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 SAW2021.01563 PHI LI P.A.SHANNI N@USACE.ARMY.M I L 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 **. It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence. r Digitally signed by Crystal Corps Regulatory Official` Crystal I Am sch I er Amschler Y �2.65.31 1-k60.12 04'00'Qate of J Q: May 31, 2022 Expiration date: May 31, 2027 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:llregu latory.ops, usace.army.m i Ilcustomer-service-surveyl. SAW-2021-01563 NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: RRB Beverage Operations File Number: SAW-2021-01563 Date: 5/31/2022 Attached is: See Section below INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A PROFFERED PERMIT (Standard Permit or Letter of permission) B PERMIT DENIAL C C APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at htto://www.usace.armv.millMissions/CivilWorks/ReaulatorvProaramandPermits.asox or 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 far 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 J❑ 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 division 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. SAW-202141563 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 appeal process you may contact: District Engineer, Wilmington Regulatory Division, Attn: 69 Darlington Ave Wilmington, NC 28403 If you only have questions regarding the appeal process you may also contact: MR. PHILIP A. SHANNIN ADMINISTRATIVE APPEAL REVIEW OFFICER CESAD-PDS-O 60 FORSYTH STREET SOUTHWEST, FLOOR M9 ATLANTA, GEORGIA 30303-8803 PHONE: (404) 562-5136; FAX (404) 562-5138 EMAIL: PHILIP.A.SHANNIN@USACE.ARMY.MIL RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of an site investi.ation, and will have the o..ortunit to .artici.ate in all site investigations. Si.nature of a..ellant or a.ent. Date: Telephone number: For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: Crystal Amschler, 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. Phillip Shannin, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Floor M9, Atlanta, GA 30303-8803 Phone: (404) 562-5136; EMAIL: PHILIP.A.SHANNIN@USACE.ARMY.MIL ti THE LOCATIONS OF FEATURES SHOWN ON THIS MAP WERE FIELD VERIFIED BY MS. CRYSTAL AMSCHLER AND MS. KRYSTYNKA STYGAR WITH THE USACE ON OCTOBER 6, 2021. THIS MAP INCLUDES GPS LOCATIONS OF DELINEATED FEATURES. DRAWING 5.1 SAW-2021-01563 Review Area Map for SWP5, SWP6, SWP4 and DWJ Review areas shown in black U DRAWING 5.2 Legend Site Boundary Perennial Stream Intermittent Stream Wetland Pond Stormwater Pond • Culvert • Data Point tom' DRAWING 5.3 DRAWING 5.4 140 DRAWING 5.5 DRAWING 5.6 Drawing 5 Aerial Imagery from ESRI and Pilot GPS Data Scale: 1" = 1,000' Date: 10.20.21 PILL T A L . PILOT E N V I R O N NI E N T A L. I N C Wetland Map Aquamarine Concord Approximate 520-Acre Tract Concord, Cabarrus County, NC Pilot Project 7217 Legend _ Site Boundary Perennial Stream Intermittent Stream Wetland Pond Stormwater Pond • Culvert • Data Point THE LOCATIONS OF FEATURES SHOWN ON THIS MAP WERE FIELD VERIFIED BY MS. CRYSTAL AMSCHLER AND MS. KRYSTYNKA STYGAR WITH THE USACE ON OCTOBER 6, 2021. THIS MAP INCLUDES GPS LOCATIONS OF DELINEATED FEATURES. Review area shown in black DSB1 4178 IF DWH 13.268 Ac. DWI{ 5.013 Ac. DWP 0.44 Ac, APPROVED JD AREA 1 SEE DRAWING 5.1a PA 1.296 A c. ■■ 0DP-8 O DP-7 DWI —0.029 Ac. Drawing 5.1 Aerial Imagery from ESRI and Pilot GPS Data Scale: 1" = 300' Date: 10.20.21 PILOT E N V I R O N NI E N T A L. I N C Wetland Map Aquamarine Concord Approximate 520-Acre Tract Concord, Cabarrus County, NC Pilot Project 7217 Legend Site Boundary Perennial Stream Intermittent Stream Wetland Pond Stormwater Pond ■ Culvert ■ Data Point THE LOCATIONS OF FEATURES SHOWN ON THIS MAP WERE FIELD VERIFIED BY MS. CRYSTAL AMSCHLER AND MS. KRYSTYN KA STYGAR WITH THE USACE ON OCTOBER 6, 2021. THIS MAP INCLUDES GPS LOCATIONS OF DELINEATED FEATURES. Drawing 5.1a Aerial Imagery from ESRI and Pilot GPS Data Scale: 1" = 200' Date: 10.20.21 Review area shown in black Non -Jurisdictional SWP6 - Constructed in Uplands 4.38 Ac. APPROVED JD AREA 1 (25 Acres) Non -Jurisdictional SWP5 - Constructed in Uplands 2.474 Ac. PILOTiL% PILOT E N V I R O N NI E N T A L. I N C Wetland Map Aquamarine Concord Approximate 520-Acre Tract Concord, Cabarrus County, NC Pilot Project 7217 Legend Site Boundary Perennial Stream Intermittent Stream Wetland Pond rks-aki:3 Stormwater Pond • Culvert • Data Point ., DSB1_ 4178 LF4 APPROVED JD AREA 1 SEE DRAWING 5.1a DSC 1047 LF SEE DRAWING 5.2a w. THE LOCATIONS OF FEATURES SHOWN ON THIS MAP WERE FIELD VERIFIED BY MS. CRYSTAL AMSCHLER AND MS. KRYSTYNKA STYGAR WITH THE USACE ON OCTOBER 6, 2021. THIS MAP INCLUDES GPS LOCATIONS OF DELINEATED FEATURES. Drawing 5.2 Aerial Imagery from ESRI and Pilot GPS Data Scale: 1" = 300' Date: 10.20.21 Ac. P1LOTr�._ PILOT E N V I R O N NI E N T A L. I N C Review area shown in black Wetland Map Aquamarine Concord Approximate 520-Acre Tract Concord, Cabarrus County, NC Pilot Project 7217 Legend Site Boundary Perennial Stream Intermittent Stream Wetland Pond Stormwater Pond Culvert • Data Point • Review area shown in black Non -Jurisdictional SWP4 - Constructed in Uplands 1.004 Ac. APPROVED JD AREA 2 (3.4 Acres) THE LOCATIONS OF FEATURES SHOWN ON THIS MAP WERE FIELD VERIFIED BY MS. CRYSTAL AMSCHLER AND MS. KRYSTYNKA STYGAR WITH THE USACE ON OCTOBER 6, 2021. THIS MAP INCLUDES GPS LOCATIONS OF DELINEATED FEATURES. Drawing 5.2a Aerial Imagery from ESRI and Pilot GPS Data Scale: 1" = 100' Date: 10.20.21 PI LOT/1% PILOT E N V I R O N NI E N T A L. I N C Wetland Map Aquamarine Concord Approximate 520-Acre Tract Concord, Cabarrus County, NC Pilot Project 7217 Legend Site Boundary Perennial Stream Intermittent Stream Wetland Pond Stormwater Pond • Culvert • Data Point THE LOCATIONS OF FEATURES SHOWN ON THIS MAP WERE FIELD VERIFIED BY MS. CRYSTAL AMSCHLER AND MS. KRYSTYNKA STYGAR WITH THE USACE ON OCTOBER 6, 2021. THIS MAP INCLUDES GPS LOCATIONS OF DELINEATED FEATURES. Drawing 5.3 Aerial Imagery from ESRI and Pilot GPS Data Scale: 1" = 200' Date: 10.20.21 P1 LOTi�._ PILOT E N V I R O N NI E N T A L. I N C Wetland Map Aquamarine Concord Approximate 520-Acre Tract Concord, Cabarrus County, NC Pilot Project 7217 MWF 0.192 Ac. MWD 0.5 88 Ac. 411111111111111. 0SF-1 4 ea= a Legend Site Boundary Perennial Stream Intermittent Stream Wetland Pond Stormwater Pond ■ Culvert • Data Point Ilk MWE 0.0 67 Ac. • MSA 127 LF DP-2 DP-1 0 DWM 0.246 Ac. •Q,SF-2 MSB1 214 LF SF-3 0 MSC1 287 LF MSB 621 LF MSC2 227 LF MSD1 5320 IF THE LOCATIONS OF FEATURES SHOWN ON THIS MAP WERE FIELD VERIFIED BY MS. CRYSTAL AMSCHLER AND MS. KRYSTYNKA STYGAR WITH THE USACE ON OCTOBER 6, 2021. THIS MAP INCLUDES GPS LOCATIONS OF DELINEATED FEATURES. Drawing 5.4 Aerial Imagery from ESRI and Pilot GPS Data Scale: 1" = 200' Date: 10.20.21 1 PI�TrR►.�_ PILOT41,1 E N V I R O N NI E N T A L- I N C Wetland Map Aquamarine Concord Approximate 520-Acre Tract Concord, Cabarrus County, NC Pilot Project 7217 MSF1 335 LF MSF2 56 LF DP-9 0 1 MSF3 342 LF MWT 11004 Ac. MSF4 ,+ 496 LF THE LOCATIONS OF FEATURES SHOWN ON THIS MAP WERE FIELD VERIFIED BY MS. CRYSTAL AMSCHLER AND MS. KRYSTYNKA STYGAR WITH THE USACE ON OCTOBER 6, 2021. THIS MAP INCLUDES GPS LOCATIONS OF DELINEATED FEATURES. P i• 1 Legend 11 ■ • M W! 0.105 Ac. Site Boundary Perennial Stream Intermittent Stream Wetland Pond Stormwater Pond Culvert Data Paint \ MSF5 MSF 82LF )39LF' MSD1 5320 IF Drawing 5.5 Aerial Imagery from ESRI and Pilot GPS Data Scale: 1" = 250' Date: 10.20.21 PILOT E N V I R O N NI E N T A L- I N C Wetland Map Aquamarine Concord Approximate 520-Acre Tract Concord, Cabarrus County, NC Pilot Project 7217 1 DWK 0.051 Ac. DWD 0.13 Ac. 1 • DWL "0.305 Ac. 4 THE LOCATIONS OF FEATURES SHOWN ON THIS MAP WERE FIELD VERIFIED BY MS. CRYSTAL AMSCHLER AND MS. KRYSTYNKA STYGAR WITH THE USACE ON OCTOBER 6, 2021. THIS MAP INCLUDES GPS LOCATIONS OF DELINEATED FEATURES. A _ Legend Site Boundary Perennial Stream Intermittent Stream Wetland Pond Stormwater Pond ■ Culvert • Data Point MSD2 269 LF .yam �11t Drawing 5.6 Aerial Imagery from ESRI and Pilot GPS Data Scale: 1" = 300' Date: 10.20.21 PILOT E N V I R O N NI E N T A L. I N C Wetland Map Aquamarine Concord Approximate 520-Acre Tract Concord, Cabarrus County, NC Pilot Project 7217 Drawing 1 USGS Topographic Map Kannapolis, Concord, Harrisburg, and Concord SE, NC Quadrangles Scale: 1" = 2,000' PILOT P I LOT E N Y I R O N RIE N T A L, I N C USGS Topographic Map Aquamarine Concord Approximate 520-Acre Tract Concord, Cabarrus County, NC Pilot Project 7217 Drawing 2 USDA Web Soil Survey of Cabarrus County, NC Scale: 1" = 1,000' P .0 T E N V I R O N M E N T A L, I N C Web Soil Map Aquamarine Concord Approximate 520-Acre Tract Concord, Cabarrus County, NC Pilot Project 7217 Drawing 2A USDA Soil Survey of Cabarrus County, NC Published 1988, Sheets 1,2,5,6 Scale: 1" = 1,000' PILOT A ! P I LOT E N Y I R O N RIE N T A L, I N C Published Soil Map Aquamarine Concord Approximate 520-Acre Tract Concord, Cabarrus County, NC Pilot Project 7217 PUBHh Drawing 3 USFWS NWI Wetlands Mapper Scale: 1" = 1,000' PILOT"" r I LOT E N Y I R O N M E N T A L. I N C LEGEND Site Boundary Freshwater Emergent Freshwater Forested/Shrub - Estuarine and Marine Deepwater - Estuarine and Marine - Freshwater Pond Lake - Riven ne - Other NWI Map Aquamarine Concord Approximate 520-Acre Tract Concord, Cabarrus County, NC Pilot Project 7217 LEGEND Site Boundary 11% Annual Chance Flood Hazard L i Regulatory Floodway � Sinn al Floodway Area of Undetermined Flood Hazard ▪ O.2%Annual Chance Flood Hazard "'Future Canditlor 1%Annual Chance Flood Hazard a Area with Reduced Risk Due -to Levee Drawing 4 National Flood Hazard Layer from FEMA Web Map Service Scale: 1" = 1,000' PILOT P I LOT E N Y I R O N M E N T A L. I N C FEMA FIRM Aquamarine Concord Approximate 520-Acre Tract Concord, Cabarrus County, NC Pilot Project 7217 THE LOCATIONS OF FEATURES SHOWN ON THIS MAP WERE FIELD VERIFIED BY MS. CRYSTAL AMSCHLER AND MS. KRYSTYNKA STYGAR WITH THE USACE ON OCTOBER 6, 2021. THIS MAP INCLUDES GPS LOCATIONS OF DELINEATED FEATURES. i Legend Site Boundary Perennial Stream Intermittent Stream Wetland Pond Stormwater Pond Culvert • Data Point • Drawing 5 Aerial Imagery from ESRI and Pilot GPS Data Scale: 1" = 1,000' Date: 10.20.21 PILCITi-►..�_ PILOT EN VIR O N NI E N T A L, I N C Wetland Map Aquamarine Concord Approximate 520-Acre Tract Concord, Cabarrus County, NC Pilot Project 7217 Legend _ Site Boundary Perennial Stream Intermittent Stream Wetland rS Pond A:;ti •x!- Stormwater Pond • Culvert • Data Point THE LOCATIONS OF FEATURES SHOWN ON THIS MAP WERE FIELD VERIFIED BY MS. CRYSTALAMSCHLER AND MS. KRYSTYNKA STYGAR WITH THE USACE ON OCTOBER 6, 2021. THIS MAP INCLUDES GPS LOCATIONS OF DELINEATED FEATURES. D591 4178 IF DWH 13.268 Ac. DWK 5.013 Ac. ❑WP 0.44 Ac. APPROVED JD AREA 1 SEE DRAWING 5.1a PA 1.296 Ac. ■■ 0 DP-8 0 DP-7 DWI - -0.029 Ac. Drawing 5.1 Aerial Imagery from ESRI and Pilot GPS Data Scale: 1" = 300' Date: 10.20.21 P,LOT ENVIRONNIENTAL.INC Wetland Map Aquamarine Concord Approximate 520-Acre Tract Concord, Cabarrus County, NC Pilot Project 7217 N.} t Legend Site Boundary Perennial Stream Intermittent Stream Wetland ga{r. Pond :ti • StStormwater Pond • Culvert • Data Point THE LOCATIONS OF FEATURES SHOWN ON THIS MAP WERE FIELD VERIFIED BY MS. CRYSTAL AMSCHLER AND MS. KRYSTYNKA STYGAR WITH THE USACE ON OCTOBER 6, 2021. THIS MAP INCLUDES GPS LOCATIONS OF DELINEATED FEATURES. r s Drawing 5.1a Aerial Imagery from ESRI and Pilot GPS Data Scale: 1" = 200' Date: 10.20.21 Non -Jurisdictional SWP6 - Constructed in Uplands 4.38 Ac. APPROVED JD AREA 1 (25 Acres) Non -Jurisdictional 5WP5 - Constructed in Uplands 2.474 Ac. PILOT E N V I R O N NI E N T A L. I N C I; ti v Wetland Map Aquamarine Concord Approximate 520-Acre Tract Concord, Cabarrus County, NC Pilot Project 7217 • .r. DSB1 4178 LF • 4K, Legend Site Boundary Perennial Stream Intermittent Stream Wetland Pond Stormwater Pond • Culvert • Data Point THE LOCATIONS OF FEATURES SHOWN ON THIS MAP WERE FIELD VERIFIED BY MS. CRYSTAL AMSCHLER AND MS. KRYSTYNKA STYGAR WITH THE USACE ON OCTOBER 6, 2021. THIS MAP INCLUDES GPS LOCATIONS OF DELINEATED FEATURES. Drawing 5.2 Aerial Imagery from ESRI and Pilot GPS Data Scale: 1" = 300' Date: 10.20.21 APPROVED JD AREA 1 SEE DRAWING 5.1a PILOT E N V I R O N NI E N T A L. I N C Wetland Map Aquamarine Concord Approximate 520-Acre Tract Concord, Cabarrus County, NC Pilot Project 7217 Legend Site Boundary Perennial Stream Intermittent Stream Wetland Pond Stormwater Pond ■ Culvert Data Point Drawing 5.2a Aerial Imagery from ESRI and Pilot GPS Data Scale: 1" = 100' Date: 10.20.21 Non -Jurisdictional SWP4 - Constructed in Uplands 1.004 Ac. DWJ 0.324 Ac. APPROVED JD AREA 2 (3.4 Acres) THE LOCATIONS OF FEATURES SHOWN ON THIS MAP WERE FIELD VERIFIED BY MS. CRYSTAL AMSCHLER AND MS. KRYSTYNKA STYGAR WITH THE USACE ON OCTOBER 6, 2021. THIS MAP INCLUDES GPS LOCATIONS OF DELINEATED FEATURES. P1LOTi�►_ P I L O 1 E N Y I R O N NI E N T A L. I N C Wetland Map Aquamarine Concord Approximate 520-Acre Tract Concord, Cabarrus County, NC Pilot Project 7217 Legend Site Boundary Perennial Stream Intermittent Stream Wetland Pond Stormwater Pond • Culvert • Data Point THE LOCATIONS OF FEATURES SHOWN ON THIS MAP WERE FIELD VERIFIED BY MS. CRYSTAL AMSCHLER AND MS. KRYSTYNKA STYGAR WITH THE USACE ON OCTOBER 6, 2021. THIS MAP INCLUDES GPS LOCATIONS OF DELINEATED FEATURES. Drawing 5.3 Aerial Imagery from ESRI and Pilot GPS Data Scale: 1" = 200' Date: 10.20.21 P ,LOT LNVIQNIICNTALIC Wetland Map Aquamarine Concord Approximate 520-Acre Tract Concord, Cabarrus County, NC Pilot Project 7217 ■ • Site Boundary Perennial Stream Intermittent Stream Wetland Pond Stormwater Pond Culvert Data Point MWE 0.067 Ac. • 0 DP-2 DP-1 0 MSAI 127 LF DWM 0.246 AC.• 0SF-2 • MSB1} 214 LF M5C1 287 IF MSB 621 LF MSC2 227 LF MSD1 5320 IF THE LOCATIONS OF FEATURES SHOWN ON THIS MAP WERE FIELD VERIFIED BY MS. CRYSTAL AMSCHLER AND MS. KRYSTYNKA STYGAR WITH THE USACE ON OCTOBER 6, 2021. THIS MAP INCLUDES GPS LOCATIONS OF DELINEATED FEATURES. Drawing 5.4 Aerial Imagery from ESRI and Pilot GPS Data Scale: 1" = 200' Date: 10.20.21 POT E N V I R O N NI E N i A l. I ii C Wetland Map Aquamarine Concord Approximate 520-Acre Tract Concord, Cabarrus County, NC Pilot Project 7217 r�v4J'ff.3 Olv optalik MSF3 342 LF • MSF2 56 LF MWH << 0.226 MWI f Ac. 0.0040 Ac. D WA 1.983 Ac. crildv THE LOCATIONS OF FEATURES SHOWN ON THIS MAP WERE FIELD VERIFIED BY MS. CRYSTAL AMSCHLER AND MS. KRYSTYNKA STYGAR WITH THE USACE ON OCTOBER 6, 2021. THIS MAP INCLUDES GPS LOCATIONS OF DELINEATED FEATURES. M5F5 MSF6 82 LF 39 LF MSD1 5320 LF MSF4 ,+ 496 LF Legend Site Boundary Perennial Stream Intermittent Stream Wetland Pond Stormwater Pond • Culvert • Data Point BMW! �0.105 Ac. Drawing 5.5 Aerial Imagery from ESRI and Pilot GPS Data Scale: 1" = 250' Date: 10.20.21 P,LOT E H V I R O N NI E N Wetland Map Aquamarine Concord Approximate 520-Acre Tract Concord, Cabarrus County, NC Pilot Project 7217 \,- \D5A1 D W C 267 LF '0.224 Ac. THE LOCATIONS OF FEATURES SHOWN ON THIS MAP WERE FIELD VERIFIED BY MS. CRYSTAL AMSCHLER AND MS. KRYSTYNKA STYGAR WITH THE USACE ❑N OCTOBER 6, 2021. THIS MAP INCLUDES GPS LOCATIONS OF DELINEATED FEATURES. Drawing 5.6 Aerial Imagery from ESRI and Pilot GPS ❑ata Scale: 1" = 300' Date: 10.20.21 Y PlLOTA` AILO1 EN V I R O N NI E k T A L, I kC Wetland Map Aquamarine Concord Approximate 520-Acre Tract Concord, Cabarrus County, NC Pilot Project 7217