Loading...
HomeMy WebLinkAbout20221398 Ver 1_ePCN Application_20221006DWR Division of Water Resources Initial Review Pre -Construction Notification (PCN) Form For Nationwide Permits and Regional General Permits (along with corresponding Water Quality Certifications) April 13, 2022 Ver 4.3 Has this project met the requirements for acceptance in to the review process?* Yes No Is this project a public transportation project?* Yes No Change only if needed. Pre -Filing Meeting Date Request was submitted on: 7/5/2022 BIMS # Assigned* Version#* 20221398 1 Is a payment required for this project?* No payment required Fee received Fee needed - send electronic notification Reviewing Office* Mooresville Regional Office - (704) 663-1699 Information for Initial Review la. Name of project: Sherwin-Williams Statesville Site Expansion la. Who is the Primary Contact?* Robert Turnbull What amout is owed?* $240.00 $570.00 Select Project Reviewer* Doug Perez:eads\djperez lb. Primary Contact Email:* lc. Primary Contact Phone:* robert.turnbull@terracon.com (919)617-9153 Date Submitted 10/6/2022 Nearest Body of Water Fourth Creek Basin Yadkin-PeeDee Water Classification C Site Coordinates Latitude: Longitude: 35.76588 -80.84076 A. Processing Information County (or Counties) where the project is located: Iredell Is this a NCDMS Project Yes No Is this project a public transportation project? * Yes No la. Type(s) of approval sought from the Corps: Section 404 Permit (wetlands, streams and waters, Clean Water Act) Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) Has this PCN previously been submitted?* Yes No 1 b. What type(s) of permit(s) do you wish to seek authorization? Nationwide Permit (NWP) Regional General Permit (RGP) Standard (IP) lc. Has the NWP or GP number been verified by the Corps? Yes No Nationwide Permit (NWP) Number: 39 - Commercial/Institutional Developments NWP Numbers (for multiple NWPS): ld. Type(s) of approval sought from the DWR: 401 Water Quality Certification - Regular Non-404 Jurisdictional General Permit Individual 401 Water Quality Certification le. Is this notification solely for the record because written approval is not required? For the record only for DWR 401 Certification: For the record only for Corps Permit: 1f. Is this an after -the -fact permit application?* Yes No lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? Yes No lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? Yes No 1 h. Is the project located in any of NC's twenty coastal counties? Yes No 1j. Is the project located in a designated trout watershed? Yes No B. Applicant Information ld. Who is applying for the permit? Owner Applicant (other than owner) le. Is there an Agent/Consultant for this project?* Yes No 2. Owner Information 2a. Name(s) on recorded deed: Sherwin Williams Company 2b. Deed book and page no.: 2c. Contact Person: Glen Furr 2d. Address Street Address 188 Side Track Drive Address Line 2 City Statesville Postal /Zip Code 28625 401 Water Quality Certification - Express Riparian Buffer Authorization State / Province / Region NC Country USA Yes No Yes No 2e. Telephone Number: (704)761-2307 2f. Fax Number: 2g. Email Address: * robert.turnbull@terracon.com 4. Agent/Consultant (if applicable) 4a. Name: Robert Turnbull 4b. Business Name: Terracon Consultants, Inc. 4c. Address Street Address 2401 Brentwood Road Address Line 2 Suite 107 City State / Province / Region Raleigh NC Postal / Zip Code Country 27604 USA 4d. Telephone Number: 4e. Fax Number: (919)617-9153 4f. Email Address: * robert.turnbull@terracon.com C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (if appropriate) lc. Nearest municipality / town: Statesville 2. Project Identification 2a. Property Identification Number: 4753493585, 4753384644 2c. Project Address Street Address 188 Side Track Drive Address Line 2 City Statesville Postal / Zip Code 28625 3. Surface Waters 3a. Name of the nearest body of water to proposed project: * Fourth Creek 3b. Water Resources Classification of nearest receiving water: * C 3c. What river basin(s) is your project located in?* Yadkin-PeeDee 3d. Please provide the 12-digit HUC in which the project is located. 030401020402 4. Project Description and History 2b. Property size: 67 State / Province / Region NC Country USA 4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: * The site currently consists of an existing Sherwin Williams manufacturing facility, an agricultural Feld, and forested areas. The property is located north of US Highway 70 in Statesville. Industrial, commercial, and residential areas are present in the project vicinity. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past? * Yes No Unknown 4f. List the total estimated acreage of all existing wetlands on the property: 0.008 4g. List the total estimated linear feet of all existing streams on the property: 4,200 4h. Explain the purpose of the proposed project:* The purpose of the project is to expand the infrastructure at the existing Sherwin-Williams manufacturing facility to improve delivery of goods for the facility. This includes construction of a railroad unloading facility, roads for delivery vehicles to access the railroad facility and manufacturing facility, and an employee parking lot. The existing manufacturing facility will also be expanded into an area currently used for trailer parking. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * A railroad unloading facility will be constructed within the existing agricultural field to the east of existing facility. An access road will be constructed across a tributary to Fourth Creek to connect the facility to the existing manufacturing facility. A new parking lot will be constructed north of the existing manufacturing facility. Typical road construction and grading equipment will be used during construction. Equipment will be stored in upland areas. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* Yes No Comments: 5b. If the Corps made a jurisdictional determination, what type of determination was made?* Preliminary Approved Not Verified Unknown N/A Corps AID Number: 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: 6. Future Project Plans 6a. Is this a phased project?* Robert Turnbull Terracon Consultants, Inc. Yes No Unknown Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity? No. D. Proposed Impacts Inventory 1. Impacts Summary la. Where are the impacts associated with your project? (check all that apply): Wetlands Open Waters 3. Stream Impacts Streams -tributaries Pond Construction Buffers 3a. Reason for impact (?) 3b.Impact type* 3c. Type of impact* 3d. S. name* 3e. Stream Type* (?) 3f. Type of Jurisdiction* 3g. S. width 3h. Impact length* S1 Road Crossing Permanent Culvert UT to Fourth Creek Intermittent Corps 4 Average (feet) 148 (linear feet) S2 Fill Permanent Fill UT to Fourth Creek Intermittent Corps 5 Average (feet) 30 (linear feet) 3i. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 178 3i. Total stream and ditch impacts: 178 3i. Total temporary stream impacts: 0 3j. Comments: Total acreage of stream impact is 0.017 acre E. Impact Justification and Mitigation 1. Avoidance and Minimization la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: Impacts to the onsite streams are minimized as much as practicable. The impact to Stream T3 (S1 in table above) is proposed for the access road between the railroad unloading facility and the manufacturing facility. This road is designed as the minimum width practicable for traffic flow and includes retaining walls on either end of the culvert. This road could not be located on the southern end of the property without crossing the proposed railroad, which presents a safety hazard for vehicles crossing the rail. The presence of trains on the track to deliver goods would also block the access. The impact to stream T5 (S2 in table above) is proposed due to grading required for the railroad facility and is minimized as much as practicable. lb. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: All applicable erosion and sediment controls will be installed and maintained according to current regulations. Fill material will be placed in upland areas and excess material will be removed from the site during construction. All in -stream work will occur in the dry. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? Yes No 2b. If this project DOES NOT require Compensatory Mitigation, explain why: Total impacts to stream channels are <0.02 acre. No impacts to wetlands or other waters are proposed. F. Stormwater Management and Diffuse Flow Plan (required by DWR) 1. Diffuse Flow Plan la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? Yes No If no, explain why: Project is located in the Yadkin -Pee Dee River Basin. 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? * Yes No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? Yes No 2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater program? Yes No N/A - project disturbs < 1 acre 2d. Which of the following stormwater management program(s) apply: Local Government State Local Government Stormwater Programs Phase II NSW USMP Water Supply Please identify which local government stormwater program you are using. City of Statesville Comments: G. Supplementary Information 1. Environmental Documentation la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?* Yes No 2. Violations (DWR Requirement) 2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15A NCAC 2B .0200)?* Yes No 3. Cumulative Impacts (DWR Requirement) 3a. Will this project result in additional development, which could impact nearby downstream water quality?* Yes No 3b. If you answered "no," provide a short narrative description. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* Yes No N/A 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or habitat?* Yes No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* Yes No 5d. Is another Federal agency involved?* Yes 5e. Is this a DOT project located within Division's 1-8? Yes No No Unknown 5f. Will you cut any trees in order to conduct the work in waters of the U.S.? Yes No 5g. Does this project involve bridge maintenance or removal? Yes No 5h. Does this project involve the construction/installation of a wind turbine(s)?* Yes No 5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.? Yes No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? North Carolina Natural Heritage Program data and on -site evaluation by Terracon 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?* Yes No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat? * https://www.habitat.noaa.gov/apps/efhmapper/ 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?* Yes No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* HPOWEB GIS site. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain?* Yes No 8c. What source(s) did you use to make the floodplain determination?* https://msc.fema.gov/portal/search Miscellaneous Please use the space below to attach all required documentation or any additional information you feel is helpful for application review. Documents should be combined into one file when possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred. Click the upload button or drag and drop files here to attach document USACE PCN Attachments_SWSite.pdf 5.05MB File must be PDF or KMZ Comments Signature By checking the box and signing below, I certify that: • The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief'; and • The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. • I have given true, accurate, and complete information on this form; I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND I intend to electronically sign and submit the PCN form. Full Name: Robert Turnbull Signature Date 10/6/2022 Irerracon October 4, 2022 U.S. Army Corps of Engineers Charlotte Regulatory Field Office Sherwin-Williams Statesville Site Expansion Pre -Construction Notification Iredell County, North Carolina Terracon Project No. 70227396 Please see attachments to the Pre -Construction Notification (PCN) for the Sherwin Williams Statesville Site Expansion Project in Iredell County, NC. • USGS Figure • NRCS Figure • Potential Wetlands and Waters Figure • PJD Information • Permit Drawing • USFWS Self -certification If you have any questions regarding the content of this submittal, please contact me at (919) 617- 9153 or via email at robert.turnbull@terracon.com Sincerely, Terracon Consultants, Inc. Robert Turnbull Department Manager, Natural Resources ' Terracon Consultants Inc. 2401 Brentwood Road, Suite 107, Raleigh, NC 28208-3608 0 Project Study Area USGS 24K Grid Quadrangle Project No.: 70227270 Date: May 2022 Drawn By: CBM Reviewed By: RTT y K i - Z Statesville East Quadrangle: ,hepherds )uadrangle Ifrerracon 2401 Brentwood Rd, Suite 107 Raleigh, NC 27604 PH. (919) 873-2211 terracon.com • fl• •--• U ` l ,•Ti. Feet 0 1,000 2,000 4,000 DATASOURCES: USGS Topographic Survey, Statesville East Quadrangle; ESRI - USGS Topographic Basemap & Open Street Map, Project Study Area approximated from Iredell County parcel data. Project Location Sherwin-Williams Statesville Property Iredell County, North Carolina Exhibit 1 UmF CeC2 Dz PaE Ur Pa E I W UmF DrB ChA I Q molb '- AIII i o c_ y Illg �� N r o a` 'A U) E �p d 1 l��i3 Soil Mapping Units Ce132 Cecil sandy clay loam, 2 to 6 percent slopes, moderately eroded o CeC2 Cecil sandy clay loam, 6 to 10 percent slopes, moderately eroded Q �! ChA Chewacla loam, 0 to 2 percent slopes, frequently flooded e( DrB Dorian fine sandy loam, 0 to 6 percent slopes, rarely flooded �:. Lc132 Lloyd clay loam, 2 to 6 percent slopes, moderately eroded N `I LcC2 Lloyd clay loam, 6 to 10 percent slopes, moderately eroded PaE Pacolet sandy loam, 15 to 25 percent slopes / PaF Pacolet sandy loam, 25 to 45 percent slopes PcE2 Pacolet sandy clay loam, 15 to 25 percent slopes, moderately eroded t UmF Udorthents-Urban land complex, 0 to 45 percent slopes a Ur Urban land p W Water z 0 Project Study Area Feet Iredell County Soils 0 175 350 700 DATASOURCES: USDA Soils Survey of Iredell County, NC; ESRI - World Imagery Hybrid Basemap & World Navigation Map; Project Study Area approximated from Iredell County parcel data. Project No.: 70227270 Date: May 2022 Drawn By: CBM Reviewed By: RTT 1frerracon 2401 Brentwood Road, Suite 107 Raleigh, NC 27604 PH. (919) 873-2211 terracon.com NRCS Soils Sherwin-Williams Statesville Property Iredell County, North Carolina Exhibit 2 N -- 0 Project Study Area CIA Potential Wetlands Waters, WA 1-8 (0.008 ACRE±) Potential Surface Waters (4,200.06 LFT.±) — T1, TA 1-13 (444.83 LFT.±) — T2, TB 1-46 (2,021.19 LFT.±) — T3, TC 1-28 (1,189.42 LFT.±) T4, TD 1-6 (227.62 LFT.±) — T5. TE 1-11 (317 Project No.: 70227270 Date: May 2022 Drawn By: CBM Reviewed By: RTT .00 LFT.±) rerracon 2401 Brentwood Road, Suite 107 Raleigh, NC 27604 PH. (919) 873-2211 terracon.com These preliminary delineation results are subject to regulatory review and concurrence. This is not a replacement for a traditional survey and is suitable for preliminary planning purposes only and for use by surveyor to aid in locating flags. Mil W. �r 7 V 1` M fil L F• �v N N U 2 a U) 9 z r Feet 0 175 350 700 DATA SOURCES: National Wetlands Inventory, ESRI - World Imagery Basemap & World Navigation Map, Project Study Area approximated from Iredell County parcel data. Potential Wetlands and Waters Sherwin-Williams Statesville Property Iredell County, North Carolina Exhibit 3 Agent Authorization Form Property/Site: Sherwin Williams Statesville Site Address of Site: Side Track Drive Statesville, NC Parcel Identification Number (PIN): 4753493585 and 4753384644 Owner Information: Name: Glen Furr Address: 188 Side Track Drive Statesville, NC 28625 Telephone Number: (704) 761-2307 Fax Number: E-mail Address: Property Owner Certification: (704) 881-0705 tfurr@valspar.com ,d ierracon I, the undersigned, a duly authorized owner of record of the property/properties identified herein, do authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) and/or the North Carolina Division of Water Resources (NCDWR) to enter upon the property herein described for the purpose of conducting on -site investigations and issuing a determination associated with Waters of the U.S (WOTUS) subject to Federal/State jurisdiction under Section 404 and 401 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. Terracon, as designated by the current property owner, is the authorized consultant to coordinate, schedule, and provide supplemental information to both agencies in support of this verification and/or permit application. Property Owner Signature: Date: � k.,L. May 20, 2022 Terrawn Consultants Inc. 2401 Brentwood Road Suite 107, Raleigh, NC 27604 P:919-873-2211 F.919-873-9555 terracon.com urisdictional Determination Request U5 Army Corps of Engineers Wilmington District This form is intended for use by anyone requesting a jurisdictional determination (JD) from the U.S. Army Corps of Engineers, Wilmington District (Corps). Please include all supporting information, as described within each category, with your request. You may submit your request via mail, electronic mail, or facsimile. Requests should be sent to the appropriate project manager of the county in which the property is located. A current list of project managers by assigned counties can be found on-line at: http://www.saw.usace.army.mil/Miss*ons/Re ug latoryPermitProgram/Contact/CountyLocator.aspx, by calling 910-251-4633, or by contacting any of the field offices listed below. Once your request is received you will be contacted by a Corps project manager. ASHEVILLE & CHARLOTTE REGULATORY FIELD OFFICES US Army Corps of Engineers 151 Patton Avenue, Room 208 Asheville, North Carolina 28801-5006 General Number: (828) 271-7980 Fax Number: (828) 281-8120 RALEIGH REGULATORY FIELD OFFICE US Army Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 General Number: (919) 554-4884 Fax Number: (919) 562-0421 INSTRUCTIONS: WASHINGTON REGULATORY FIELD OFFICE US Army Corps of Engineers 2407 West Fifth Street Washington, North Carolina 27889 General Number: (910) 251-4610 Fax Number: (252) 975-1399 WILMINGTON REGULATORY FIELD OFFICE US Army Corps of Engineers 69 Darlington Avenue Wilmington, North Carolina 28403 General Number: 910-251-4633 Fax Number: (910) 251-4025 All requestors must complete Parts A, B, C, D, E, F and G. NOTE TO CONSULTANTS AND AGENCIES: If you are requesting a JD on behalf of a paying client or your agency, please note the specific submittal requirements in Part H. NOTE ON PART D — PROPERTY OWNER AUTHORIZATION: Please be aware that all JD requests must include the current property owner authorization for the Corps to proceed with the determination, which may include inspection of the property when necessary. This form must be signed by the current property owner(s) or the owner(s) authorized agent to be considered a complete request. NOTE ON PART D - NCDOT REQUESTS: Property owner authorization/notification for JD requests associated with North Carolina Department of Transportation (NCDOT) projects will be conducted according to the current NCDOT/USACE protocols. NOTE TO USDA PROGRAM PARTICIPANTS: A Corps approved or preliminary JD may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should also request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. Version: May 2017 Page 1 Jurisdictional Determination Request A. PARCEL INFORMATION Street Address: 188 Side Track Drive City, State: County: Statesville, NC Iredell Parcel Index Number(s) (PIN): 4753493585, 4753384644 B. REQUESTOR INFORMATION Name: Robert Turnbull, Terracon Mailing Address: 2401 Brentwood Road, Suite 107 Raleigh, NC 27604 Telephone Number: 919-873-2211 Electronic Mail Address: robert.turnbull@terracon.com Select one: ❑ I am the current property owner. �✓ I am an Authorized Agent or Environmental Consultanti ❑ Interested Buyer or Under Contract to Purchase ❑ Other, please explain. C. PROPERTY OWNER INFORMATION Name: Glen Furr Mailing Address: 188 Side Track Drive Statesville, NC 28625 Telephone Number: 704-761-2307 Electronic Mail Address: tfurr@valspar.com 1 Must provide completed Agent Authorization Form/Letter. 2 Documentation of ownership also needs to be provided with request (copy of Deed, County GIS/Parcel/Tax Record). Version: May 2017 Page 2 Jurisdictional Determination Request D. PROPERTY ACCESS CERTIFICATION',4 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. Robert Turnbull Print Name Capacity: ❑ Owner 0 Authorized Agent' 6/3/22 Date Signature E. REASON FOR JD REQUEST: (Check as many as applicable) ❑ I intend to construct/develop a projector perform activities on this parcel which would be designed to avoid all aquatic resources. ❑ I intend to construct/develop a projector perform activities on this parcel which would be designed to avoid all jurisdictional aquatic resources under Corps authority. I intend to construct/develop a projector perform activities on this parcel which may require authorization from the Corps, and the JD would be used to avoid and minimize impacts to jurisdictional aquatic resources and as an initial step in a future permitting process. QI intend to construct/develop a projector perform activities on this parcel which may require authorization from the Corps; this request is accompanied by my permit application and the JD is to be used in the permitting process. ❑ I intend to construct/develop a projector perform activities in a navigable water of the U.S. which is included on the district Section 10 list and/or is subject to the ebb and flow of the tide. A Corps JD is required in order obtain my local/state authorization. I intend to contest jurisdiction over a particular aquatic resource and request the Corps confirm that jurisdiction does/does not exist over the aquatic resource on the parcel. ❑ I believe that the site may be comprised entirely of dry land. ❑ Other: ' For NCDOT requests following the current NCDOT/USAGE protocols, skip to Part E. a If there are multiple parcels owned by different parties, please provide the following for each additional parcel on a continuation sheet. s Must provide agent authorization form/letter signed by owner(s). Version: May 2017 Page 3 Jurisdictional Determination Request F. JURISDICTIONAL DETERMINATION (JD) TYPE (Select One) I am requesting that the Corps provide a preliminarX JD for the property identified herein. A Preliminary Jurisdictional Determination (PJD) provides an indication that there may be "waters of the United States" or "navigable waters of the United States"on a property. PJDs are sufficient as the basis for permit decisions. For the purposes of permitting, all waters and wetlands on the property will be treated as if they are jurisdictional "waters of the United States". PJDs cannot be appealed (33 C.F.R. 331.2); however, a PJD is "preliminary" in the sense that an approved JD can be requested at any time. PJDs do not expire. ❑ I am requesting that the Corps provide an approved JD for the property identified herein. An Approved Jurisdictional Determination (AJD) is a determination that jurisdictional "waters of the United States" or "navigable waters of the United States" are either present or absent on a site. An approved JD identifies the limits of waters on a site determined to be jurisdictional under the Clean Water Act and/or Rivers and Harbors Act. Approved JDs are sufficient as the basis for permit decisions. AJDs are appealable (33 C.F.R. 331.2). The results of the AJD will be posted on the Corps website. A landowner, permit applicant, or other "affected party" (33 C.F.R. 331.2) who receives an AJD may rely upon the AJD for five years (subject to certain limited exceptions explained in Regulatory Guidance Letter 05- 02). ❑ I am unclear as to which JD I would like to request and require additional information to inform my decision. G. ALL REQUESTS W1Map of Property or Project Area. This Map must clearly depict the boundaries of the review area. ✓� Size of Property or Review Area 67 acres. ❑✓ The property boundary (or review area boundary) is clearly physically marked on the site. Version: May 2017 Page 4 Jurisdictional Determination Request H. REQUESTS FROM CONSULTANTS Project Coordinates (Decimal Degrees): Latitude: 35.76588 Longitude:-80.84076 A legible delineation map depicting the aquatic resources and the property/review area. Delineation maps must be no larger than I Ix17 and should contain the following: (Corps signature of submitted survey plats will occur after the submitted delineation map has been reviewed and approved).6 ■ North Arrow ■ Graphical Scale ■ Boundary of Review Area ■ Date ■ Location of data points for each Wetland Determination Data Form or tributary assessment reach. For Approved Jurisdictional Determinations: ■ Jurisdictional wetland features should be labeled as Wetland Waters of the US, 404 wetlands, etc. Please include the acreage of these features. ■ Jurisdictional non -wetland features (i.e. tidal/navigable waters, tributaries, impoundments) should be labeled as Non -Wetland Waters of the US, stream, tributary, open water, relatively permanent water, pond, etc. Please include the acreage or linear length of each of these features as appropriate. ■ Isolated waters, waters that lack a significant nexus to navigable waters, or non - jurisdictional upland features should be identified as Non -Jurisdictional. Please include a justification in the label regarding why the feature is non jurisdictional (i.e. "Isolated", "No Significant Nexus", or "Upland Feature"). Please include the acreage or linear length of these features as appropriate. For Preliminary Jurisdictional Determinations: Wetland and non -wetland features should not be identified as Jurisdictional, 404, Waters of the United States, or anything that implies jurisdiction. These features can be identified as Potential Waters of the United States, Potential Non -wetland Waters of the United States, wetland, stream, open water, etc. Please include the acreage and linear length of these features as appropriate. Completed Wetland Determination Data Forms for appropriate region (at least one wetland and one upland form needs to be completed for each wetland type) 6 Please refer to the guidance document titled "Survey Standards for Jurisdictional Determinations" to ensure that the supplied map meets the necessary mapping standards. http://www.saw.usace.aimy.mit/Missions/Re ug latoly-Permit- Pro glam/Jurisdiction/ Version: May 2017 Page 5 Jurisdictional Determination Request Completed appropriate Jurisdictional Determination form • PJDs. please complete a Preliminary Jurisdictional Determination Form' and include the Aquatic Resource Table • AJDs_ please complete an Annroved Jurisdictional Determination Form'. ❑ Vicinity Map ❑� Aerial Photograph ❑ USGS Topographic Map ❑� Soil Survey Map ❑ Other Maps, as appropriate (e.g. National Wetland Inventory Map, Proposed Site Plan, previous delineation maps, LIDAR maps, FEMA floodplain maps) ❑� Landscape Photos (if taken) NCSAM and/or NCWAM Assessment Forms and Rating Sheets ❑� NC Division of Water Resources Stream Identification Forms 1_J Other Assessment Forms ' www.saw.usace.a=.mil/Portals/59/docs/regulatoly/Tegdocs/JD/RGL 08-02 App A Prelim JD Form fillable.pdf s Please see hU://www.saw.usace.army.mil/Missions/Regulatory-Permit-Pro,gram/Jurisdiction/ Principal Purpose: The information that you provide will be used in evaluating your request to determine whether there are any aquatic resources within the project area subject to federaljurisdictionunder the regulatory authorities referenced above. Routine Uses: This information may be shared with the Department of Justice and other federal, state, and local government agencies, and the public, and may be made available as part of a public notice as required by federal law. Your name and property location where federal jurisdiction is to be determined will be included in the approved jurisdictional determination (AJD), which will be made available to the public on the District's website and on the Headquarters USAGE website. Disclosure: Submission of requested information is voluntary; however, if information is not provided, the request for an AJD cannot be evaluated nor can an AJD be issued. Version: May 2017 Page 6 Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM A. REPORT COMPLETION DATE FOR PJD: B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Robert Turnbull,Terracon24g1 Brentwood Road Suite lg7,Raleigh, NC27604 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: NC County/parish/borough: Iredell City: Statesville Center coordinates of site (lat/long in degree decimal format): Lat.: 35.76588 Long.:-80.84076 Universal Transverse Mercator: 17S 514393 3957992 Name of nearest waterbody: Fourth Creek E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑ Office (Desk) Determination. Date: ❑ Field Determination. Date(s): TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION. Site number Latitude (decimal degrees) Longitude (decimal degrees) Estimated amount of aquatic resource in review area (acreage and linear feet, if applicable) Type of aquatic resource (i.e., wetland vs. non -wetland waters) Geographic authority to which the aquatic resource "may be" subject (i.e., Section 404 or Section 10/404) T 1 35.76812 -80.83642 445 LF non -wetland water (Intermittent) Section 404 T2 35.76931 -80.83965 27021 LF non -wetland water (Perennial) Section 404 T3 35.76772 -80.84164 17189 LF non -wetland water (Intermittent) Section 404 T4 35.76914 -80.84215 228 LF non -wetland water (Perennial) Section 404 T535.76711 —80.84141 317 LF non -wetland water (Intermittent) Section 404 W1 35.76720 -80.83676 0.008 ac wetland Section 404 1) The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an approved JD (AJD) for that review area based on an informed decision after having discussed the various types of JDs and their characteristics and circumstances when they may be appropriate. 2) In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre - construction notification" (PCN), or requests verification for a non -reporting NWP or other general permit, and the permit applicant has not requested an AJD for the activity, the permit applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit authorization based on a PJD, which does not make an official determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an AJD could possibly result in less compensatory mitigation being required or different special conditions; (3) the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) undertaking any activity in reliance upon the subject permit authorization without requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AJD or a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it becomes appropriate to make an official determination whether geographic jurisdiction exists over aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic resources in the review area, the Corps will provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that there "may be"waters of the U.S. and/or that there "may be" navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the review area that could be affected by the proposed activity, based on the following information: SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items should be included in subject file. Appropriately reference sources below where indicated for all checked items: ■❑ Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Map:Potential Wetlands and Waters 0 Data sheets prepared/submitted by or on behalf of the PJD requestor. ❑ Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. Rationale: ❑ Data sheets prepared by the Corps: ❑ Corps navigable waters' study: ❑ U.S. Geological Survey Hydrologic Atlas: ❑ USGS NHD data. ❑ USGS 8 and 12 digit HUC maps. ■❑ U.S. Geological Survey map(s). Cite scale & quad name: 1-24,000 Statesville East, NC ■❑ Natural Resources Conservation Service Soil Survey. Citation: usDa soil survey of Iredell county, NC ❑ National wetlands inventory map(s). Cite name: ❑ State/local wetland inventory map(s): ❑ FEMA/FIRM maps: ❑ 100-year Floodplain Elevation is: .(National Geodetic Vertical Datum of 1929) ■❑ Photographs: ❑ Aerial (Name & Date): or ❑ Other (Name & Date): ❑ Previous determination(s). File no. and date of response letter: ❑ Other information (please specify): IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for later jurisdictional determinations. Signature and date of Regulatory staff member completing PJD G Signature and date of person requesting PJD (REQUIRED, unless obtaining the signature is impracticable)' ' Districts may establish timeframes for requestor to return signed PJD forms. If the requestor does not respond within the established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action. Of .R. IO- ! low •�i .p k r•.4. • �•� r. -w. { �y�T J`j�F r - �vrr • - } av YR.7�; _ y a MI. r . ak:• Iwo f 112 #1. NO <_ T~^ ..Y:;_ 2;, ' 7 'iws7s,. .. 4 s. . ry • s *.'a. i' + aft: r '1►1J`. ?• _.r l 'S 4,1 �i. �£{ _j. t . i'- • i y { { t r i xa.-'''„ !.` `; ;:i ►}'k ,r '' may. r'' �Y� � �' � - 1 •-fir` ��� - e�S`-`� �'_k I' �vfr�}��r • �4� Y { r 4 w - ..� •s ter- 'w'i{ d` , e. klp� le IF _ � . � tr _ 4 it �� �, v� _ �� •_ - ; ! mod_ , ,}x - '{ •'4-� i "'tip +4 yy yy�� rt -.ter r � . � •tr� �d .- � �. � � ; - _' _ i+ nz +} .~v ram' "• #•" ✓' "„ 4 I I I c� II coLU IIz II z LU k�m I IIzw III II I ,I $9, o d o O N 0 O In O N 0 O o cm)N LO 11 Q U Z 0 a 0 N � N W D Q U/f 0 Mot W= = U �W Z W x 0 W M W F M = 04 V W U N N LL, W O O GI N F d Z F O 0 O � Q O X NUa_LL N 3ONVO?inisIO WV3?J1S IIV?GAO :inn 1V1<-----1I91HX3 30NVO?inisIO ONVl13M- WOOZZVONW91HX3 30NVO?inisIO 0Nb'113M-6lSOZZ\SiIOIHX3\SEJNIMV?JO\OVO\OO O OOZZVON\ZZOZVH O 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 0/1 Ox W J_ ODO W l iIOIHX3 - 3ONVO?inisIO WV3?J1S :inn kVl<-----1I91HX3 3ONvo?lniSIO ONVl13M - O OOZZVONW 91HX3 3ONVO?inisI0 0Nb'113M - 6lSOZZ\SiIOIHX3\SEJNIMV?JO\OVO\OO OlOOZZVON\ZZOZ\:H / / 1 l I � / 1 i i/ i'it /if 1 ♦ \, w o �m �� n \`♦\ ` \`\ �� `\ i +I 0 ♦ 1 1 1 1 1 1 1 1 ;1 1 1 1 1 1 1 1 ` 1 / / / 1 / 1 / / / 1/ 1 / 1 1 1 / 1 1 I 1 / 1 1 1 / 1 / 1 1 / 1 / 1 1 ' / 1 I I I I 1 I I I I I I I I r_ 1 1 I I I / 1 1 1 1 / / / / / 1 1 1 / / 1 1 1 ; 1 , 1 , 1 , , r \v / / I Ij , , , , , , 1 1 1 1 1 1 1 1 / / / / / / / / / / / / / O 9 0 0 M w LO N 00 N Z Ld J_ w Q U) W F M = 00 V /n W M ? V W U N N = WzNNW W CO O GI N F d) a Z F O 0 O � Q O X U d LL Z Z iIOIHX3 - 3ONVOziniSI0 WV3?J1S :inn 1V1<-----ilOIHX3 3ONVO?inisIO ONVl13M - 0lOOZZVON\iIOIHX3 3ONVO?iniSI0 0NY113M - 6lSOZZ\SiIOIHX3\SEJNIMV?JO\OVO\00 0lOOZZVON\ZZOZ\:H r ierracon USFWS Project Review Package Project Description: This project consists of expanding an existing Sherwin-Williams manufacturing facility in Iredell County, North Carolina onto an adjacent parcel of land. The purpose of this project is to expand existing manufacturing capabilities. The project is located off Side Track Drive in Statesville, North Carolina. r ierracon Species Determination Table Species/Resource Presence in Information Recommended Conservation Action Area Used Determination Measures Tricolored Bat Suitable IPaC and May affect, not Clear only roosting NCNHP data; likely to where habitat on -site habitat adversely affect necessary present assessment Bog Turtle Suitable IPaC and Not Required N/A habitat not NCNHP data; present on -site habitat assessment Monarch Butterfly Suitable IPaC and No effect N/A habitat not NCNHP data; present on -site habitat assessment Dwarf -flowered Suitable IPaC and No effect N/A heartleaf habitat not NCNHP data; present on -site habitat assessment Schweinitz's Suitable IPaC and No effect N/A Sunflower habitat NCNHP data; present; surveys species not performed by present Terracon biologists during recommended survey window Critical Habitat No critical IPaC and No effect N/A habitat NCNHP data resent Bog turtle — The adult bog turtle's carapace length is 3.1- 4.4 inches and is found mainly in areas designated as mountain bogs by the NCNHP, but are typically poor, moderate, or rich fens that may be associated with wet pastures and old drainage ditches. These habitats are open, groundwater supplied, graminoid dominated wetlands along riparian corridors or on seepage slopes between 700 and 4,500 feet above mean seas level in the western piedmont and mountain counties of North Carolina (USFWS 2015). r rerracon Habitat Present: No Species listed as threatened due to similarity of appearance do not require Section 7 consultation with the USFWS. Suitable habitat for the bog turtle was not observed within the project study area. NCNHP data from May 2022 indicates no occurrences of the bog turtle within 1.0 mile of the study area. BIOLOGICAL CONCLUSION: Not Required Dwarf -flowered heartleaf - Dwarf -flowered heartleaf is a low -growing evergreen perennial plant. It has heart -shape leaves that are four to five inches long, dark green and leathery, supported by long thin leaf stems connecting it to an underground stem. The jug - shaped flowers are usually beige to dark brown or purple and appear from mid -March to early June. The flowers are small and inconspicuous and are found near the base of the leaf stems, often buried beneath the leaf litter. Dwarf -flowered heartleaf grows in acidic soils along bluffs and adjacent slopes, in boggy areas next to streams and creek heads, and primarily along the north facing slopes of nearby hillsides and ravines. Habitat Present: No Potential habitat capable of supporting dwarf -flowered heartleaf was not observed in the study area. The north -facing slopes abutting streams/ravines all are covered in thick shrubs and/or herbaceous vegetation precluding the areas from providing potential habitat for this species. NCNHP data from May 2022 does not identify any occurrences of this species within 1.0 mile of the study area. BIOLOGICAL CONCLUSION: No Effect Schweinitz's sunflower — Schweinitz's sunflower is endemic to the Piedmont of North and South Carolina. The few sites where this rhizomatous perennial herb occurs in relatively natural vegetation are found in Xeric Hardpan Forests. The species is also found along roadside rights -of -way, maintained power lines and other utility rights -of -way, edge of thickets and old pastures, clearings and edges of upland oak -pine -hickory woods and Piedmont longleaf pine forests, and other sunny or semi -sunny habitats where disturbances help create open area for sunlight. It is intolerant of full shade and excessive competition from other vegetation. Schweinitz's sunflower occurs in a variety of soil series, including Badin, Cecil, Cid, Enon, Gaston, Georgeville, Iredell, Mecklenburg, Misenheimer, Secrest, Tatum, Uwharrie, and Zion, among others. It is generally found growing on shallow sandy soils with high gravel content; shallow, poor, clayey hardpans; or shallow rocky soils, especially those derived from mafic rocks (USFWS 2011). ii rerracon Potential Habitat Present: Yes Potential habitat for the Schweinitz's sunflower does occur within the study area along the margins of existing fields. Pedestrian species -specific surveys were conducted on 9/1/22 in those areas providing potential habitat during the proper survey window (late -August -October). No evidence of the species within the project study area. NCNHP data from May 2022 indicates no occurrences of the Schweinitz's sunflower within 1.0 mile of the study area. Therefore, a determination of no effect has been proposed. BIOLOGICAL CONCLUSION: No effect Tricolored bat- The tri-colored bat is one of the smallest bat species native to North America. It was named from its unique fur coloring that is dark at the base, lighter in the middle, and then dark at the tip. Tricolored bats are found throughout North America, mainly roosting in live or recently dead deciduous hardwood trees. The biggest threat to this species across its range is white -nose syndrome, which has expanded rapidly across the tricolored bat's entire range within a short period of time, causing almost 90% casualties to affected colonies (USFWS 2022). Potential Habitat Present: Yes Potential roosting habitat for the tricolored bat does occur within the study area within the forested communities. The tricolored bat was recently proposed as an Endangered Species by the USFWS. NCNHP data from May 2022 indicates no known occurrences of this species within 1.0 mile of the study area. BIOLOGICAL CONCLUSION: May affect, not likely to adversely affect 10/5/22, 2:22 PM IPaC: Explore Location resources IPaC U.S. Fish & Wildlife Service IPaC resource list This report is an automatically generated list of species and other resources such as critical habitat (collectively referred to as trust resources) under the U.S. Fish and Wildlife Service's (USFWS) jurisdiction that are known or expected to be on or near the project area referenced below. The list may also include trust resources that occur outside of the project area, but that could potentially be directly or indirectly affected by activities in the project area. However, determining the likelihood and extent of effects a project may have on trust resources typically requires gathering additional site -specific (e.g., vegetation/species surveys) and project -specific (e.g., magnitude and timing of proposed activities) information. Below is a summary of the project information you provided and contact information for the USFWS office(s) with jurisdiction in the defined project area. Please read the introduction to each section that follows (Endangered Species, Migratory Birds, USFWS Facilities, and NWI Wetlands) for additional information applicable to the trust resources addressed in that section. Location Iredell County, North Carolina ..z, Local office Asheville Ecological Services Field Office t. (828) 258-3939 JEJ (828) 258-5330 \W) VI" Ik -01095 160 Zillicoa Street https://ipac.ecosphere.fws.gov/location/LCSFOY5KYJCM5DUIBSV2VRE714/resources 1/13 10/5/22, 2:23 PM Asheville, NC 28801-1082 IPaC: Explore Location resources �o� Foy https://ipac.ecosphere.fws.gov/location/LCSFOY5KYJCM5DUIBSV2VRE714/resources 2/13 10/5/22, 2:23 PM IPaC: Explore Location resources Endangered species This resource list is for informational purposes only and does not constitute an analysis of project level impacts. The primary information used to generate this list is the known or expected range of each species. Additional areas of influence (AOI) for species are also considered. An AOI includes areas outside of the species range if the species could be indirectly affected by activities in that area (e.g., placing a dam upstream of a fish population even if that fish does not occur at the dam site, may indirectly impact the species by reducing or eliminating water flow downstream). Because species can move, and site conditions can change, the species on this list are not guaranteed to be found on or near the project area. To fully determine any potential effects to species, additional site -specific and project -specific information is often required. 4 T> Section 7 of the Endangered Species Act requires Federal agencies to "request of the Secretary information whether any species which is listed or proposed to be listed may be present in the area of such proposed action" for any project that is conducted, permitted, funded, or licensed by any Federal agency. A letter from the local office and a species list which fulfills this requirement can only be obtained by requesting an official species list from either the Regulatory Review section in IPaC (see directions below) or from the local field office directly. For project evaluations that require USFWS concurrence/review, please return to the IPaC website and request an official species list by doing the following: 1. Draw the project location and click CONTINUE. 2. Click DEFINE PROJECT. 3. Log in (if directed to do so). 4. Provide a name and description for your project. 5. Click REQUEST SPECIES LIST. Listed speciesl and their critical habitats are managed by the Ecological Services Program of the U.S. Fish and Wildlife Service (USFWS) and the fisheries division of the National Oceanic and Atmospheric Administration (NOAA Fisheries). Species and critical habitats under the sole responsibility of NOAA Fisheries are not shown on this list. Please contact NOAA Fisheries for species under their jurisdiction. 1. Species listed under the Endangered Species Act are threatened or endangered; IPaC also shows species that are candidates, or proposed, for listing. See the listing status page for more information. IPaC only shows species that are regulated by USFWS (see FAQ). https://ipac.ecosphere.fws.gov/location/LCSFOY5KYJCM5DUIBSV2VRE714/resources 3/13 10/5/22, 2:23 PM IPaC: Explore Location resources 2. 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. The following species are potentially affected by activities in this location: Mammals NAME Tricolored Bat Perimyotis subflavus STATUS Proposed Endangered Wherever found No critical habitat has been designated for this species. hUps://ecos.fws.gov/ecp/species/10515 Reptiles NAM E STAT Bog Turtle Glyptemys muhlenbergii SAT No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/6962 Insects0 NAME Cj STATUS Monarch Butterfly Danaus plexippus Candidate Wherever found No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/9743 %, k Flowering Plants NAME STATUS Dwarf -flowered Heartleaf Hexastylis naniflora Threatened Wherever found No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/2458 Schweinitz's Sunflower Helianthus schweinitzii Endangered Wherever found No critical habitat has been designated for this species. https://ecos.fws.gov/ecptspecies/3849 https://ipac.ecosphere.fws.gov/location/LCSFOY5KYJCM5DUIBSV2VRE714/resources 4/13 10/5/22, 2:23 PM IPaC: Explore Location resources Critical habitats Potential effects to critical habitat(s) in this location must be analyzed along with the endangered species themselves. There are no critical habitats at this location. Migratory birds Certain birds are protected under the Migratory Bird Treaty Act and the Bald and Golden Eagle Protection Act . 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. VO 1. The Migratory Birds Treaty Act of 1918. '000' 2. The Bald and Golden Eagle Protection Act of 19CdO Additional information can be found using the following links: • Birds of Conservation Concern ht ps://wfws.gov//program/migratory-birds/species • Measures for avoiding and minimizing impacts to birds https://www.fws.go) migratory -birds , • Nationwide conservation measures for birds ht :/ w ws.gov/sites/default/files/documents/nationwide-standard-conservation- me Isur J.pdf 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. https://ipac.ecosphere.fws.gov/location/LCSFOY5KYJCM5DUIBSV2VRE714/resources 5/13 10/5/22, 2:23 PM IPaC: Explore Location resources 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 Bald Eagle Haliaeetus leucocephalus This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. https://ecos.fws.gov/ecp/species/1626 Chimney Swift Chaetura pelagica This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. BREEDING SEASON Breeds Sep 1 to jul 31 Breeds Mar 15 to Aug 25 A6 tzo \U Eastern Whip -poor -will Antrostomus vociferus Breeds May 1 to Aug 20 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. w Prairie Warbler Dendroica discolor This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Red-headed Woodpecker Melanerpes erythrocephalus This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. k% Rusty Blackbird Euphagus carolinus This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions (BCRs) in the continental USA Wood Thrush Hylocichla mustelina This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Probability of Presence Summary Breeds May 1 to Jul 31 Breeds May 10 to Sep 10 Breeds elsewhere Breeds May 10 to Aug 31 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 https://ipac.ecosphere.fws.gov/location/LCSFOY5KYJCM5DUIBSV2VRE714/resources 6/13 10/5/22, 2:23 PM IPaC: Explore Location resources understand the FAQ "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting to interpret this report. Probability of Presence (in) Each green bar represents the bird's relative probability of presence in the 10km grid cell(s) your project overlaps during a particular week of the year. (A year is represented as 12 4- week months.) A taller bar indicates a higher probability of species presence. The survey effort (see below) can be used to establish a level of confidence in the presence score. One can have higher confidence in the presence score if the corresponding survey effort is also high. How is the probability of presence score calculated? The calculation is done in three steps: 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. F 'W 2. To properly present the pattern of presence across the year, the relative probability of presence is calculated. This is the probability of presence divided by the maximum probability of presence across all weeks. For example, imagine the probability of presence in week 20 for the Spotted Towhee is 0.05, and that the probability of presence at week 12 (0.25) is the maximum of any week of the year. The relative probability of presence on week 12 is 0.25/0.25 = 1; at week 20 it is 0.05/0.25 = 0.2. 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. To see a bar's probability of presence score, simply hover your mouse cursor over the bar. 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 ( ) 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. To see a bar's survey effort range, simply hover your mouse cursor over the bar. No Data ( ) A week is marked as having no data if there were no survey events for that week. Survey Timeframe https://ipac.ecosphere.fws.gov/location/LCSFOY5KYJCM5DUIBSV2VRE714/resources 7/13 10/5/22, 2:23 PM IPaC: Explore Location resources 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 survey effort - no data SPECIES ]AN FEB MAR APR MAY 1UN JUL AUG SEP OCT NOV DEC Bald Eagle 1111 Jill 1111 LEM, MEME r�11 �M�1 ---- ��aI �I■MM Ell 16,== Non -BCC Vulnerable Chimney Swift --�— IIII Jill I— —III 1'-- - BCC Rangewide (CON) Eastern Whip- --�— __—+ _+++ IIII 11111111111+--- — — — — — poor -will BCC Rangewide (CON) Prairie Warbler , , . . . . .-- All IIII ---- — — ---- ++-- BCC Rangewide M (CON) Red-headed _ Woodpecker BCC Rangewide (CON) , Rusty Blackbird + —+ ++� —+ — — — — — — — — — — — - ---- i i BCC - BCR Wood Thrush BCC Rangewide IIII IIII Ilk ---I v- - (CON) '000 Tell me more about conservation measures I can implement to avoid or minimize impacts to migratory birds. Ntio •de 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 list of migratory birds that potentially occur 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. https://ipac.ecosphere.fws.gov/location/LCSFOY5KYJCM5DUIBSV2VRE714/resources 8/13 10/5/22, 2:23 PM IPaC: Explore Location resources 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 Rapid Avian Information Locator (RAIL) 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. t 4L ' 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. AMhL' How do I know if a bird is breeding, wintering or migrating in my 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 query your location using the RAIL Tool and look at the range maps provided for birds in your area at the bottom of the profiles provided for each bird in your results. If a bird on your migratory bird species list has a breeding season associated with it, if that bird does occur in your project area, there may be nests present at some point within the timeframe specified. If "Breeds elsewhere" is indicated, then the bird likely does not breed in your project area. What are the levels of concern for migratory birds? Migratory birds delivered through IPaC fall into the following distinct categories of concern: 1. "BCC Rangewide" birds are Birds of Conservation Concern (BCC) that are of concern throughout their range anywhere within the USA (including Hawaii, the Pacific Islands, Puerto Rico, and the Virgin Islands); 2. "BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation Regions (BCRs) in the continental USA; and 3. "Non -BCC - Vulnerable" birds are not BCC species in your project area, but appear on your list either because of the Eagle Act requirements (for eagles) or (for non -eagles) potential susceptibilities in offshore areas from certain types of development or activities (e.g. offshore energy development or longline fishing). Although it is important to try to avoid and minimize impacts to all birds, efforts should be made, in particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC species of rangewide concern. For more information on conservation measures you can implement to help avoid and minimize migratory bird impacts and requirements for eagles, please see the FAQs for these topics. https://ipac.ecosphere.fws.gov/location/LCSFOY5KYJCM5DUIBSV2VRE714/resources 9/13 10/5/22, 2:23 PM IPaC: Explore Location resources 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. Coastal Barrier Resources System Projects within the John H. Chafee Coastal Barrier Resources System (CBRS) may be subject to the restrictions on federal expenditures and financial assistance and the consultation requirements of the Coastal Barrier Resources Act (CBRA) (16 U.S.C. 3501 et seq.). For more information, please contact the local Ecological Services Field Office or visit the CBRA https://ipac.ecosphere.fws.gov/location/LCSFOY5KYJCM5DUIBSV2VRE714/resources 10/13 10/5/22, 2:23 PM IPaC: Explore Location resources Consultations website. The CBRA website provides tools such as a flow chart to help determine whether consultation is required and a template to facilitate the consultation process. There are no known coastal barriers at this location. Data limitations The CBRS boundaries used in IPaC are representations of the controlling boundaries, which are depicted on the official CBRS maps. The boundaries depicted in this layer are not to be considered authoritative for in/out determinations close to a CBRS boundary (i.e., within the "CBRS Buffer Zone" that appears as a hatched area on either side of the boundary). For projects that are very close to a CBRS boundary but do not clearly intersect a unit, you may contact the Service for an official determination by following the instructions here: https://www.fws.gov/service/coastal-barrier-resources-system-property-documen Data exclusions < \01� CBRS units extend seaward out to either the 20- or 30-foot bathymetric contour (depending on the location of the unit). The true seaward extent of the units is not shown in the CBRS data, therefore projects in the offshore areas of units (e.g., dredging, breakwaters, offshore wind energy or oil and gas projects) may be subject to CBRA even if they do not intersect the CBRS data. For additional information, please contact CBRA@fws.gov. Facilities CJO National Wildlife Refuge lands Any activity proposed on lands managed by the National Wildlife Refuge system must undergo a 'Compatibility Determination' conducted by the Refuge. Please contact the individual Refuges to discuss any questions or concerns. There are no refuge lands at this location. Fish hatcheries There are no fish hatcheries at this location. https://ipac.ecosphere.fws.gov/location/LCSFOY5KYJCM5DUIBSV2VRE714/resources 11/13 10/5/22, 2:23 PM IPaC: Explore Location resources Wetlands in the National Wetlands Inventory (NWI) 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. Wetland information is not available at this time This can happen when the National Wetlands Inventory (NWI) map service is unavailable, or for very large projects that intersect many wetland areas. Try again, or visit the N map to view wetlands at this location. Data limitations The Service's objective of mapping wetlands and deepwater habitats is to produce reconnaissance level information on the location, type and size of these resources. The maps are prepared from the analysis of high altitude imagery. Wetlands are identified based on vegetation, visible hydrology and geography. A margin of error is inherent in the use of imagery; thus, detailed on -the -ground inspection of any particular site may result in revision of the wetland boundaries or classification established through image analysis. The accuracy of image interpretation depends on the quality of the imagery, the experience of the image analysts, the amount and quality of the collateral data and the amount of ground truth verification work conducted. Metadata should be consulted to determine the date of the source imagery used and any mapping problems. Wetlands or other mapped features may have changed since the date of the imagery or field work. There may be occasional differences in polygon boundaries or classifications between the information depicted on the map and the actual conditions on site. Data exclusions Certain wetland habitats are excluded from the National mapping program because of the limitations of aerial imagery as the primary data source used to detect wetlands. These habitats include seagrasses or submerged aquatic vegetation that are found in the intertidal and subtidal zones of estuaries and nearshore coastal waters. Some deepwater reef communities (coral or tuberficid worm reefs) have also been excluded from the inventory. These habitats, because of their depth, go undetected by aerial imagery. Data precautions Federal, state, and local regulatory agencies with jurisdiction over wetlands may define and describe wetlands in a different manner than that used in this inventory. There is no attempt, in either the design or products of this inventory, to define the limits of proprietary jurisdiction of any Federal, state, or local https://ipac.ecosphere.fws.gov/location/LCSFOY5KYJCM5DUIBSV2VRE714/resources 12/13 10/5/22, 2:23 PM IPaC: Explore Location resources government or to establish the geographical scope of the regulatory programs of government agencies. Persons intending to engage in activities involving modifications within or adjacent to wetland areas should seek the advice of appropriate federal, state, or local agencies concerning specified agency regulatory programs and proprietary jurisdictions that may affect such activities. �o� Foy https://ipac.ecosphere.fws.gov/location/LCSFOY5KYJCM5DUIBSV2VRE714/resources 13/13 Roy Cooper, Governor ■■OEM MX NC DEPARTMENT OF ■■v■i NATURAL AND CULTURAL RESOURCES ■ ■■■ May 10, 2022 Robert Turnbull Terracon Consultants, Inc. 2401 Brentwood Road, Suite 107 Raleigh, NC 27604 RE: Sherwin-Williams Statesville; 70227270 Dear Robert Turnbull: D. Reid Wilson, Secretary Misty Buchanan Deputy Director, Natural Heritage Yrogcam NCNHDE-17925 The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources for the project referenced above. Based on the project area mapped with your request, a query of the NCNHP database indicates that there are no records for rare species, important natural communities, natural areas, and/or conservation/managed areas within the proposed project boundary. Please note that although there may be no documentation of natural heritage elements within the project boundary, it does not imply or confirm their absence; the area may not have been surveyed. The results of this query should not be substituted for field surveys where suitable habitat exists. In the event that rare species are found within the project area, please contact the NCNHP so that we may update our records. The attached `Potential Occurrences' table summarizes rare species and natural communities that have been documented within a one -mile radius of the property boundary. The proximity of these records suggests that these natural heritage elements may potentially be present in the project area if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile radius of the project area, if any, are also included in this report. If a Federally -listed species is found within the project area or is indicated within a one -mile radius of the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for guidance. Contact information for USFWS offices in North Carolina is found here: httr)s://www.fws.gov/offices/Directory/ListOffices.cfm?statecode=37. Please note that natural heritage element data are maintained for the purposes of conservation planning, project review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions. Information provided by the NCNHP database may not be published without prior written notification to the NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NCNHP data may not be redistributed without permission. The NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature Preserve, Registered Heritage Area, Land and Water Fund easement, or Federally - listed species are documented near the project area. If you have questions regarding the information provided in this letter or need additional assistance, please contact Rodney A. Butler at rod ney.butler�ncdcr.gov or 919-707-8603. Sincerely, NC Natural Heritage Program 0EPAR7MEINT OF NATURAL AND CULTURAL RESOURCES p] 121 W. JONES STREET RALE IGH. r-t% 27603 - 1651 MAUL SERvICE CENTER. RALEdGH. WC 27609 & OFC 019.7R79120 • FAX 919,707.9121 / CO \ s 2 j 7a v 0 / \ \ / / / (3 CO / \ � / \ \ .0 \ a \ \ 3 j _ .\ CO \ 9 ® s CO CO ± ± / » 0 \ 2 ` \ \ 0 s \ . § \/ CO s CO e >2 e \ \ \ \ \ E E E : e \ > y y» CO \ \ \ / \ \ \ \\ / e Y Y e CO x & & x // 0 0 0 » u 3 3 3 > s 4 6 6 / \ E Co Co \ \ / \ \ \\\u « CO/mo± E \ CO/ e o o s e 2 \\/ u ® 0 e co » e \ » §.z ƒ 0 ,E \ )/ xyy0 mw\(Da ce e 2\ \ \ f \ / \ \ \ co 00 \ . u 2 e \ 0) \ \ \ CO \ \ co 4%® 0 ±» / a/ ® ® <®0 0 y y > ` \ \ \ \ ° \ \ \ \ \ \ / / 2 % \ \ \ / / / / C: \ 5 ® / + m y / ± — — — 3 3 3 / } = m= 0\ y _& \ \ E a)CO/ / / \_ \ \ E \ § z E ® 2 3» / 5 )� \ \ / / z z / co COCO y = 3 CO 2 7 0 ° g / y �s % CO 4 2 » \ % / 0 � } H se co me 0 } g \° e / ® E 0/ COO CO »\ CO\ Z \ / _ E COk .% / ® e > 2 ^G Y e k e z \ .g y v 2 \ 2 y \ e E e g t y`% ± » z e s \ / / \ \IDa \O/® / x / \ 2 // / ° \ \ \ G 2 \ & \ \\ \\ \( 2 \ \ \ / \ \ \ 0\ o / z z CM \ © x / O O \ t t t } a y COO y y y y =\ :_ u g x CO CO CO ± ƒ 4 4\\\ - \ \\ \ /\\ \\/// \ \ \ \ \ / 0 G E 0 D ( 0 j / % % % % % / 0 \/ 3 5 3 do Z e >> > Z a c x x___ § \ c Q » (n � cu � @ E � � E �2 0 � � � N CD I- W C) 2 z L) z . � � \ s 5 s / 0 Project Study Area USGS 24K Grid Quadrangle Project No.: 70227270 Date: May 2022 Drawn By: CBM Reviewed By: RTT 1�9 s' I V ; f I� y K i - Z Statesville East Quadrangle: Shepherds Quadrangle Ifrerracon 2401 Brentwood Rd, Suite 107 Raleigh, NC 27604 PH. (919) 873-2211 terracon.com • fl• •--• U ` l ,•Ti. Feet 0 1,000 2,000 4,000 DATASOURCES: USGS Topographic Survey, Statesville East Quadrangle; ESRI - USGS Topographic Basemap & Open Street Map, Project Study Area approximated from Iredell County parcel data. Project Location Sherwin-Williams Statesville Property Iredell County, North Carolina Exhibit 1 -- N 0 Project Study Area CIA Potential Wetlands Waters, WA 1-8 (364.43 SQ. FT.t) Potential Surface Waters (4,200.06 LFT.t) — T1, TA 1-13 (444.83 LFT.t) — T2, TB 1-46 (2,021.19 LFT.t) — T3, TC 1-28 (1,189.42 LFT.t) T4, TD 1-6 (227.62 LFT.t) — T5. TE 1-11 (317 Project No.: 70227270 Date: May 2022 Drawn By: CBM Reviewed By: RTT .00 LFT.t) lfrerracon 2401 Brentwood Road, Suite 107 Raleigh, NC 27604 PH. (919) 873-2211 terracon.com These preliminary delineation results are subject to regulatory review and concurrence. This is not a replacement for a traditional survey and is suitable for preliminary planning purposes only and for use by surveyor to aid in locating flags. T1 W1 J Qi ,mow Vi L w N N U N 2 a U) 9 Z Feet 0 175 350 700 DATA SOURCES: National Wetlands Inventory, ESRI - World Imagery Basemap & World Navigation Map, Project Study Area approximated from Iredell County parcel data. Potential Wetlands and Waters Sherwin-Williams Statesville Property Iredell County, North Carolina Exhibit 3