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HomeMy WebLinkAbout1 PCN_FillableForm_v1_20220513.pdfaE STA7F > �- s xr owi+ i 4W r NORTH CAROLINA Environmental Quality Water Resources Office Use Only Corps Action ID no. [Click to enter.] Date received: [Click to enter.] DWR project no. [Click enter.] Date received: [Click to enter.] Site Coordinates: Latitude (DD.DDDDDD): 35.268774' Longitude (DD.DDDDDD): 81.062089' Form Version 4.2, January 31, 2022 Pre -Construction Notification (PCN) Form (Ver. 4.2, January 31, 2022)) For Nationwide Permits and Regional General Permits and corresponding Water Quality Certifications Please note: fields marked with a red asterisk * are required. The form is not considered complete until all mandatory questions are answered. The online help file may be found at this link: https:Hedocs.deg.nc.gov/WaterResources/O/edoc/624704/PCN°/o20Help°/`20File`/`202018-1-30.pdf The help document may be found at this link: http://www.saw.usace.army.miI/Missions/Regulatory-Permit-Program/Permits/2017-Nationwide- Permits/Pre-construction-Notification/ A. Processing Information County (counties) where project is located: * Gaston Additional (if needed). Is this a NCDMS project? * (Click yes only if NCDMS is the applicant or co- applicant) ❑ Yes ® No Is this a public transportation project? (Publicly funded municipal, state, or federal road, rail, or airport project) ❑ Yes © No Is this a NCDOT project? * ❑ Yes ® No If yes, NCDOT TIP or state project number: Click to enter. If yes, NCDOT WBS number: * Click to enter. Page 1 of 20 PCN Form - Version 4.2, January31, 2022 0 Section 404 Permit (wetlands, streams, waters, Clean Water Act) 1 a. Type(s) of approval sought from the Corps: * ❑ Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) Has this PCN previously been submitted? * ❑ Yes 0 No Please provide the date of the previous submission. * Click to enter a date. 0 Nationwide Permit (NWP) 1 b. What type(s) of permit(s) do you wish to seek El Regional General Permit (RGP) authorization? * ❑ Standard (IP) This form may be used to initiate the standard/ individual permit process with the USACE. Please contact your Corps representative concerning submittals for standard permits. All required items can be included as attachments and submitted with this form. 1c. Has the NWP or GP number been verified by the Corps? * ❑ Yes 0 No NWP number(s) (list all numbers ): 39 RGP number(s) (list all numbers ): Click to enter. Are you a federal applicant? ❑ Yes 0 No If yes, please provide a statement concerning compliance with the Coastal Zone Management Act Click to enter text. 1 d. Type(s) of approval sought from DWR (check all that apply): 0 401 Water Quality Certification — Regular ❑ 401 Water Quality Certification— Express ❑ Non-404 Jurisdictional General Permit ❑ Riparian Buffer Authorization ❑ Individual 401 Water Quality Certification Is this a courtesy copy notification ❑ Yes 0 No 1 e. Is this notification solely for the record because written approval is not required? * For the record only for DWR 401 Certification: * 0 Yes ❑ No For the record only for Corps Permit: * ❑ Yes 0 No 1f. Is this an after -the -fact permit/certification application? * ❑ Yes 0 No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for ❑ Yes 0 No mitigation of impacts? If yes, attach the acceptance letter from mitigation bank or in -lieu fee program. 1 h. Is the project located in any of NC's twenty coastal counties? * ❑ Yes 0 No 1 i. Is the project located within an NC DCM Area of Environmental ❑ Yes 0 No ❑ Unknown Concern (AEC)? * 1j. Is the project located in a designated trout watershed? * ❑ Yes 0 No If yes, you must attach a copy of the approval letter from the appropriate Wildlife Resource Commission Office. Trout information may be found at this link: http://www.saw.usace.armV.mil/Missions/Regulatory-Permit- Prog ram/Agency-Coord i nation/Trout.aspx Page 2 of 20 PCN Form - Version 4.2, January31, 2022 B. Applicant Information 1a. Who is the primary contact? * CHI Acquisitions, LLC 1 b. Primary Contact Email: * curquhart@chinustrial.com 1 c. Primary Contact Phone: * (###)###-#### (704)236-2440 1 d. Who is applying for the permit/certification? * (check all that apply) ❑ Owner 0 Applicant (other than owner) 1 e. Is there an agent/consultant for this project?* 0 Yes ❑ No 2. Landowner Information 2a. Name(s) on Recorded Deed: * AJ de Moya 2b. Deed Book and Page No.: Click to enter. 2c. Contact Person (for corporations): Kevin Carmichael (239-552-4127) 2d. Address * Street Address: 14600 SW 136th Street Address line 2: Click to enter. City: Miami State/ Province/ Region: Florida Postal/ Zip Code: 33186 Country: United States 2e. Telephone Number: * (###)###-#### 305-498-2923 2f. Fax Number: (###)###-#### Click to enter. 2g. Email Address: * Click to enter. 3. Applicant Information (if different from owner) 3a. Name: * Chris Urquhart 3b. Business Name (if applicable): CHI Acquisitions, LLC 3c. Address: * Street Address: 4064 Colony Road Address line 2: Suite 405 City: Charlotte State/ Province/ Region: North Carolina Postal/ Zip Code: 28211 Country United States 3d. Telephone Number: * (###)###-#### 704-236-2440 3e Fax Number: (###)###-#### Click to enter. 3f. Email Address: * curquhart@chindustrial.com Page 3 of 20 PCN Form - Version 4.2, January31, 2022 4. Agent/ Consultant (if applicable) 4a. Name: * Jonathan Grubb 4b. Business Name: ECS Southeast LLP 4c. Address: * Street Address: 6714 Netherlands Drive Address line 2: Click to enter. City: Wilmingtion State/ Province/ Region: North Carolina Postal/ Zip Code: 28405 Country: United States 4d. Telephone Number: * (###)###-#### 919-861-9859 4e Fax Number: (###)###-#### Click to ente 4f. Email Address: * jgrubb@ecslimited.com Agent Authorization Letter:* Attach a completed/signed agent authorization form or letter. A sample form may be found at this link: https://www.saw. usace.army.mil/Missions/Regulatory- Perm it-Program/Perm its/2017-Nationwide-Permits/Pre- construction-Notification/ Page 4 of 20 PCN Form - Version 4.2, January31, 2022 C. Project Information and Prior Project History 1. Project Information la. Name of project: * Oaks Commerce Center 1 b. Subdivision name (if appropriate): Click to ente, 1c. Nearest municipality/town: * Belmont, North Carolina 2. Project Identification 2a. Property identification number (tax PIN or parcel ID): 305367 2b. Property size (in acres): 43.7 2c. Project Address: Street Address: Oak Street and Hickory Grove Road Address line 2: Click to enter. City: Belmont State/ Province/ Region: North Carolina Postal/ Zip Code: 28012 Country: United States 2d. Site coordinates in decimal degrees (using 4-6 digits after the decimal point): Latitude (DD.DDDDDD): * 35.268774' Longitude (-DD.DDDDDD): *-81.062089° 3. Surface Waters 3a. Name of nearest body of water to proposed project: South Fork Catawba River 3b. Water Resources Classification of nearest receiving WS-V water: The Surface Water Classification map may be found at this link: https://ncdenr.maps.arcqis.com/apps/webappviewer/index.htmI?id=6e125ad7628f494694e259c8Odd64265 Catawba 3c. In what river basin(s) is your project located? * noose additional (if needed) 3d. Please provide the 12-digit HUC in which the project is 0305010206 located: The Find Your HUC map may be found at this link: https://ncdenr.maps.arcgis.com/apps/Publiclnformation/index.htmI?appid=ad3a85aOc6d644aOb97cdO69db238ac3 Page 5 of 20 PCN Form - Version 4.2, January31, 2022 4. Project Description and History 4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: * The site consists of wooded land, Oak Street, a Dominion Energy Gas pipeline, and a Plantation Petroleum Pipeline that transects the southern corner of the property and extends off -site under the railroad tracks along the southern boundary of the property 4b. Have Corps permits or DWR certifications been obtained for this ❑ Yes ❑x No ❑ Unknown project (including all prior phases) in the past? * If yes, please give the DWR Certification number and/or Corps [Click to enter.] Action ID (ex. SAW-0000-00000): SAW-2021-024801 Attach any pertinent project history documentation 4b2. Is any portion of the work already complete? * ❑ Yes ❑x No If yes, describe the completed work. Click to enter text. 4c. List of other certifications or approvals/denials received from other federal, state or local agencies for work described in this application not related to the 404 or 401. Click to enter text. 4d. Attach an 8'/2 x 11" excerpt from the most recent version of the USGS topographic map indicating the location of the project site. 4e. Attach an 8'/z x 11" excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. 4f. List the total estimated acreage of all existing wetlands on the 0.194 acres property: 4g. List the total estimated linear feet of all existing streams (intermittent 1,289 linear feet and perennial) on the property: 4g1. List the total estimated acreage of all existing open waters on the 0 acres property: 4h. Explain the purpose of the proposed project: The purpose of the proposed project is to construct an approximately 470,000 square -foot industrial structure and associated paved parking and drive areas. 4i. Describe the overall project in detail, including the type of equipment to be used: The proposed development will include an approximately 470,000 square -foot industrial structures and associated parking/access areas. One stormwater pond is proposed to be constructed in the southern portion of the site. The maximum cut and fill depths are anticipated to be on the order of 20 — 40 feet. The project will fulfill the need for additional warehousing and distribution in the Charlotte Metro market. The proposed wetland and stream impacts are necessary for grading of the site due to the required size of the building. Reinforced slopes were utilized to reduce impacts and grading costs. Retaining walls were considered, but would not have eliminated impacts. In addition, the cost of the retaining walls would have been substantial due to the required amount of fill necessary to balance the site. Standard construction equipment such as cranes, excavators, dump trucks, and similar vehicles would be used for the project. Proper erosion and sedimentation control measures would be employed throughout the project. Typical materials and machinery will be used on -site during the construction process. Page 6 of 20 PCN Form - Version 4.2, January31, 2022 4j. Attach project drawings/site diagrams/depictions of impact areas for the proposed project. 4k. Will this activity involve dredging in wetlands or waters? * ❑ Yes ❑x No If yes, describe the type of dredging, the composition of the dredged material, and the locations of disposal area. Click to enter text. Page 7 of 20 PCN Form - Version 4.2, January31, 2022 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or in ® Yes ❑ No ❑ Unknown proposed impact areas? Comments: Click to enter text. 5b. If the Corps made a jurisdictional determination, ❑x Preliminary ❑ Approved ❑ Emailed concurrence what type of determination was made? * ❑ Not Verified ❑ Unknown ❑ n/a Corps AID number (ex. SAW-0000-00000): SAW-2022-02480 Name (if known): Jonathan Grubb 5c. If 5a is yes, who delineated the jurisdictional Agency/Consultant Company: ECS Southeast LLP areas? Other: Click to enter. 5d. List the dates of the Corps jurisdictional determination or State determination if a determination was made by either agency. 12/27/2021 5d1. Attach jurisdictional determinations. 6. Future Project Plans 6a. Is this a phased project? ❑ Yes ❑x No 6b. If yes, explain. Click to enter. Are any other NWP(s), regional general permit(s), or individual permit(s) used, or intended to be used, to authorize any part of the proposed project or related activity? This includes other separate and distant crossings for linear projects that require Department of the Army authorization but don't require pre -construction notification. Click to enter. 7. Addresses of adjoining property owners, lessees, etc. whose property adjoins the waterbody (if more than can be entered here, please attach a supplemental list) Constance A Collins, 306 Park Terrace, Belmont, NC 28012 Herbert Pinkney Rikard, 314 Park Terrace, Belmont, NC 28012 Judith Sanders Rikard, 314 Park Terrace, Belmont, NC 28012 8. Scheduling of activity: Click to enter. Page 8 of 20 PCN Form - Version 4.2, January31, 2022 D. Proposed Impacts Inventory 1. Impacts Summary 1a. Where are the impacts associated with your project (check all that apply): 0 Wetlands ❑ Buffers ❑ Pond Construction 0 Streams - tributaries ❑ Open Waters 2. Wetland Impacts If there are wetland impacts proposed on the site, complete this table for each wetland area impacted. 2a. Site #* 2a 1. Impact Reason/Type* 2b. Impact Duration* 2c. Wetland Type* 2d. Wetland Name* 2e. Forested ?* 2f. Jurisdiction Type* 2g. Impact Area (ac)* W1 Grading Permanent Bottomland Hardwood Forest Wetland 4 Yes Corps 0.057 W2 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W3 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W4 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W5 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W6 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W7 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W8 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W9 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W10 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W11 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W12 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W13 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W14 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W15 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter 2g1. Total temporary wetland impacts 0 ac 2g2. Total permanent wetland impacts 0.057 ac 2g3. Total wetland impacts 0.057 ac 2h. Type(s) of material being discharged and the amount of each type in cubic yards: Clean material; approximately 5,000 cy 2i. Comments: Click to enter text. Page 9 of 20 PCN Form - Version 4.2, January31, 2022 3. Stream Impacts If there are perennial or intermittent stream/ tributary impacts (including temporary impacts) proposed on the site, complete this table for all stream/ tributary sites impacted. ** All Perennial or Intermittent streams must be verified by DWR or delegated local government Site #* 3a Impact Reason* 3b. Impact Duration* 3c. Impact Type* 3d. Stream Name* 3e. Stream Type* 3f. Jurisdiction Type* 3g. Stream Width (avg ft) * 3h. Impact length (linear ft) S1 Grading Permanent Fill (Incl. Riprap) Stream 1 Intermittent Corps 2 42 S2 Grading Permanent Fill (Incl. Riprap) Stream 4 Intermittent Corps 3 80 S3 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S4 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S5 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S6 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S7 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S8 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S9 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S10 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S11 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S12 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S13 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S14 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S15 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S16 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S17 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S18 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S19 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S20 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter 3i1. Total jurisdictional ditch impact: Click to enter. linear ft M. Total permanent stream impacts: 122 linear ft M. Total temporary stream impacts: Click to enter. linear ft 34. Total stream and ditch impacts: Click to enter. linear ft 3j. Comments: Cumulative acreage 0.012 Page 10 of 20 PCN Form - Version 4.2, January31, 2022 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., individually list all open water impacts in the table below. 4a. Site #* 4a1. Impact Reason 4b. Impact Duration* 4c. Waterbody Name* 4d. Activity Type* 4e. Waterbody Type* 4f. Impact area (ac)* 01 Click to enter. Temp/ Perm Click to enter. Choose one Choose one Click to enter. 02 Click to enter. Temp/ Perm Click to enter. Choose one Choose one Click to enter. 03 Click to enter. Temp/ Perm Click to enter. Choose one Choose one Click to enter. 04 Click to enter. Temp/ Perm Click to enter. Choose one Choose one Click to enter. 05 Click to enter. Temp/ Perm Click to enter. Choose one Choose one Click to enter. 4g. Total temporary open water impacts Click to enter. ac 4g. Total permanent open water impacts Click to enter. ac 4g. Total open water impacts Click to enter. ac 4h. Comments: Click to enter. 5. Pond or Lake Construction If pond or lake construction is proposed, complete the table below. (*This does NOT include offline stormwater management ponds.) 5a. 5b. 5c. 5d. 5e. Pond ID Proposed use or Wetland Impacts (ac) Stream Impacts (ft) Upland # purpose of pond Impacts (ac) Flooded Filled Excavated Flooded Filled Excavated P1 Choose one Click to Click to Click to Click to Click to Click to Click to enter. enter. enter. enter. enter. enter. enter. P2 Choose one Click to Click to Click to Click to Click to Click to Click to enter. enter. enter. enter. enter. enter. enter. P3 Choose one Click to Click to Click to Click to Click to Click to Click to enter. enter. enter. enter. enter. enter. enter. 5f. Total Click to Click to Click to Click to Click to Click to Click to enter. enter. enter. enter. enter. enter. enter. 5g. Comments: Click to enter. 5h. Is a dam high hazard permit required? ❑ Yes ® No If yes, permit ID no.: Click to enter. 5i. Expected pond surface area (acres): Click to enter. 5j. Size of pond watershed (acres): Click to enter. 5k. Method of construction: Click to enter. Page 11 of 20 PCN Form - Version 4.2, January31, 2022 6. Buffer Impacts (DWR requirement) If project will impact a protected riparian buffer, then complete the chart below. Individually list all buffer impacts. 6a. Project is in which protected basin(s)? * (Check all that apply.) ❑ Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Jordan ❑ Goose Creek ❑ Randleman ❑ Other: Click to enter. Site #* 6b. Impact Type* 6c. Impact Duration* 6d. Stream Name* 6e. Buffer Mitigation Required?* 6f. Zone 1 Impact* (sq ft) 6g. Zone 2 Impact* (sq ft) 131 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. 132 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. 133 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. 134 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B5 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. 136 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. 137 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B8 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. 139 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B10 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B11 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B12 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B13 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B14 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B15 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B16 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B17 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B18 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B19 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B20 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. 6h. Total temporary impacts: Zone 1: Click to enter. sq ft Zone 2: Click to enter. sq ft 6h. Total permanent impacts: Zone 1: Click to enter. sq ft Zone 2: Click to enter. sq ft 6h. Total combined buffer impacts: Zone 1: Click to enter. sq ft Zone 2: Click to enter. sq ft 6i. Comments: Click to enter. Please attach supporting documentation (impact maps, plan sheets, etc.) for the proposed project. Page 12 of 20 PCN Form - Version 4.2, January31, 2022 E. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts through project design: The placement of the industrial building and associated parking along the western side of the building generally avoids impacting the wetlands, however topography constraints exist that require grading into the wetland area to maintain a level surface for the building, adjacent parking area and fire safety lane. The building and parking were shifted further west to reduce impacts to the wetland area and streams to the east. The proposed wetland and stream impacts are necessary for grading of the site due to the required size of the building. Reinforced slopes were utilized to reduce a substantial amount of the stream and wetland impacts. 1 b. Specifically describe measures taken to avoid or minimize proposed impacts through construction techniques: The construction techniques shall be conducted in accordance with NCDENR standards. Temporary and additional erosion control measures shall be maintained throughout the construction process. Silt fencing will be placed at the bottom of the slopes to deter sediment translocation and control erosion during construction activities. Temporary erosion, sedimentation, and pollution controls will be installed prior to and maintained during the entire construction duration and until final stabilization is established. 2. Compensatory Mitigation for Impacts to Waters of the U.S., Waters of the State, or Riparian Buffers 2a. If compensatory mitigation is required, by whom is it required? * ❑ DWR ❑ Corps (check all that apply) 2b. If yes, which mitigation option(s) will be used for this ❑ Mitigation Bank project? * (check all that apply) ❑ In Lieu Fee Program ❑ Permittee Responsible Mitigation 3. Complete if using a Mitigation Bank (Must satisfy NC General Statute143-214.11 (d1).) 3a. Name of mitigation bank: Click to enter. 3b. Credits purchased/requested: Type: Choose one Quantity Click to enter. Type: Choose one Quantity Click to enter. Type: Choose one Quantity Click to enter. Attach receipt and/or approval letter. 3c. Comments: Click to enter. 4. Complete if Using an In Lieu Fee Program 4a. Attach approval letter from in lieu fee program. 4b. Stream mitigation requested: Click to enter. linear feet 4c. If using stream mitigation, what is the stream temperature: Choose one Page 13 of 20 PCN Form - Version 4.2, January31, 2022 NC Stream Temperature Classification Maps can be found under the Mitigation Concepts tab on the Wilmington District's RIBITS website: (Please use the filter and select Wilmington district) https://ribits.usace.army.mil/ribits apex/f?p=107:27:2734709611497::NO: RP:P27 BUTTON KEY:O 4d. Buffer mitigation requested (DWR only): Click to enter. square feet 4e. Riparian wetland mitigation requested: Click to enter. acres 4f. Non -riparian wetland mitigation requested: Click to enter. acres 4g. Coastal (tidal) wetland mitigation requested: Click to enter. acres 4h. Comments: Click to enter. 5. Complete if Providing a Permittee Responsible Mitigation Plan 5a. If proposing a permittee responsible mitigation plan, provide a description of the proposed mitigation plan, including mitigation credits generated. Click to enter. 5b. Attach mitigation plan/documentation. 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — DWR requirement 6a. Will the project result in an impact within a protected riparian buffer ❑ Yes ❑ No that requires buffer mitigation? If yes, please complete this entire section — please contact DWR for more information. 6b. If yes, identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required in the table below. 6c. 6d. 6e. Zone Reason for impact Total impact Multiplier Required mitigation (square feet) (square feet) Zone 1 Click to enter. Click to enter. Choose one Click to enter. Zone 2 Click to enter. Click to enter. Choose one Click to enter. 6f. Total buffer mitigation required Click to enter. 6g. If buffer mitigation is required, is payment to a mitigation bank or ❑ Yes ❑ No NC Division of Mitigation Services proposed? 6h. If yes, attach the acceptance letter from the mitigation bank or NC Division of Mitigation Services. 6i. Comments: Click to enter. Page 14 of 20 PCN Form - Version 4.2, January31, 2022 F. Stormwater Management and Diffuse Flow Plan (DWR requirement) 1. Diffuse Flow Plan 1a. Does the project include or is it adjacent to protected riparian buffers ❑ Yes 0 No identified within one of the NC Riparian Buffer Protection Rules? 1 b. All buffer impacts and high ground impacts require diffuse flow or other form of stormwater treatment. If the project is subject to a state implemented riparian buffer protection program, include a plan that fully documents how diffuse/dispersed flow will be maintained. All Stormwater Control Measures (SCM) must be designed in accordance with the NC Stormwater Design Manual (https://deg.nc.gov/about/divisions/energy-mineral-land-resources/energy-mineral-land-permit- guidance/stormwater-bmp-manual). Associated supplement forms and other documentation must be provided. ❑ Level Spreader What Type of SCM are you ❑ Vegetated Conveyance (lower seasonal high water table- SHWT) providing? ❑ Wetland Swale (higher SHWT) (Check all that apply) ❑ Other SCM that removes minimum 30% nitrogen ❑ Proposed project will not create concentrated stormwater flow through the buffer For a list of options to meet the diffuse flow requirements, click here. Attach diffuse flow documentation. 2. Stormwater Management Plan 2a. Is this an NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? * ❑Yes ❑x No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? ❑ Yes 0 No To look up low density requirements, click here: http://reports.oah. state. nc.us/ncac/title%2015a%20-%20environmental%20guality/chapter%2002%20- %20environmental %20man agement/subchapter%20h/15a%20ncac%2002h%20.1003.pdf 2c. Does this project have a stormwater management plan (SMP) ElYes 0 No reviewed and approved under a state stormwater program or state Tapproved local government stormwater program? ❑ n/a — project disturbs < 1 acre Note: Projects that have vested rights, exemptions, or grandfathering from state or locally implemented stormwater programs or projects that satisfy state or locally -implemented stormwater programs through use of community in -lieu programs should answer "no" to this question. 2d. Which of the following stormwater management program(s) apply? 0 Local Government (Check all that apply.) ❑ State If you have local government approval, please include the SMP on their overall impact map. Local Government Stormwater Programs * 0 Phase II ❑ USMP ❑ NSW ❑ Water Supply Page 15 of 20 PCN Form - Version 4.2, January31, 2022 Please identify which local government stormwater program you are using. City of Belmont State Stormwater Programs * 0 Phase II ❑ HQW or ORW ❑ Coastal Counties ❑ Other Comments: Click to enter. Page 16 of 20 PCN Form - Version 4.2, January31, 2022 G. Supplementary Information 1. Environmental Documentation 1a. Does the project involve an expenditure of public (federal/state/local) ❑ Yes N No funds or the use of public (federal/state) land? * 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State (North Carolina) Environmental El Yes El No Policy Act (NEPA/SEPA)? * 1c. 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 ❑ Yes ❑ No NEPA or SEPA final approval letter.) Comments: Click to enter. 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), Federally Non -Jurisdictional Wetlands /Classified Surface Waters ❑ Yes 0 No (15A NCAC 2H. 1400) DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. If you answered "yes" to the above question, provide an explanation of the violation(s): Click to enter. 3. Cumulative Impacts (DWR Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby ❑ Yes 0 No downstream water quality? * 3b. If you answered "no", provide a short narrative description: The proposed development will be confined to the existing property boundary and no plans of expansion or related commercial development are anticipated. Future development on adjacent properties are unknown at this time. 3c. If yes, provide a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWR policy. (Attach .pdf) 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project? * ® Yes ❑ No ❑ N/A Page 17 of 20 PCN Form - Version 4.2, January31, 2022 4b. If yes, describe in detail the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated at a treatment plant, list the capacity available at that plant. Wastewater treated by City of Belmont. 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected ® Yes ❑ No species or habitat? (IPAC weblink: https://www.fws.gov/ipac/ ffws.govl) * 5b. Have you checked with the USFWS concerning Endangered Species ® Yes ❑ No Act impacts? * 5c. If yes, indicate the USFWS Field Office you have contacted. Asheville 5d. Is another federal agency involved? * ❑ Yes ❑x No ❑ Unknown If yes, which federal agency? Click to enter. 5e. Is this a DOT project located within Divisions 1-8? * ❑ Yes ® No 5f. Will you cut any trees in order to conduct the work in waters of the U.S.? * ®Yes El No 5g. Does this project involve bridge maintenance or removal? * ❑ Yes ❑x No 5g1. If yes, have you inspected the bridge for signs of bat use such as staining, guano, bats, etc.? Representative photos of signs of bat use ❑ Yes ❑ No can be found in the NLEB SLOPES, Appendix F, pages 3-7. Representative photos of signs of bat use can be found in the NLEB SLOPES, Appendix F, pages 3-7. Link to NLEB SLOPES document: http://saw-reg.usace.army.miI/NLEB/1-30-17-signed NLEB-SLOPES&apps.pdf If you answered yes to 5g1, did you discover any signs of bat use? * ❑ Yes ❑ No ❑ Unknown If yes, please show the location of the bridge on the permit drawings/ project plans 5h. Does this project involve the construction/ installation of a wind turbine(s)? * ❑ Yes ❑x No If yes, please show the location of the wind turbine(s) on the permit drawings/ project plans (attach .pdf) 5i. Does this project involve blasting and /or other percussive activities that will be conducted by machines, such as jackhammers, ❑ Yes ❑x No mechanized pile drivers, etc.? * If yes, please provide details to include type of percussive activity, purpose, duration, and specific location of this activity on the property (attach .pdf) 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? * USFWS IPaC and NC NHP. ECS performed a targeted botanical survey during the appropriate flowering window. No individuals were observed. Attach consultation documentation. 6. Essential Fish Habitat (Corps Requirement) Page 18 of 20 PCN Form - Version 4.2, January31, 2022 6a. Will this project occur in or near an area designated as an Essential Fish Habitat? * ❑ Yes ❑x No Is there submerged aquatic vegetation (SAV) around the project vicinity? * El Yes No El Unknown Will this project affect submerged aquatic vegetation? * ❑ Yes ❑x No ❑ Unknown Explain: Click to enter. 6b. What data source(s) did you use to determine whether your site would impact Essential Fish Habitat? NOAA Essential Fish Habitat Mapper 7. Historic or Prehistoric Cultural Resources (Corps Requirement) Link to the State Historic Preservation Office Historic Properties Map (does not include archaeological data): http://gis.ncdcr.gov/hpoweb/ 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status (e.g., National Historic Trust designation or El Yes No properties significant in North Carolina history and archaeology)? 7b. What data source(s) did you use to determine whether your site would impact historic or archeological resources? * NC HPO Web Survey Mapping. Will forward concurrence upon receipt. 7c. Attach historic or prehistoric documentation. 8. Flood Zone Designation (Corps Requirement) Link to the FEMA Floodplain Maps: https://msc.fema.gov/portal/search 8a. Will this project occur in a FEMA-designated 100-year floodplain? * ❑ Yes ❑x No 8b. If yes, explain how the project meets FEMA requirements. Click to enter. 8c. What source(s) did you use to make the floodplain determination? FEMA Flood Map Service Center Mapping H. Miscellaneous Comments: Click to enter. Attach pertinent documentation or attachments not previously requested Page 19 of 20 PCN Form - Version 4.2, January31, 2022 I. Signature * ❑x By checking the box and signing below, I, as the project proponent, certify to the following: • The project proponent hereby certifies that all information contained herein is true, accurate, and complete, to the best of my knowledge and belief; • 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; • The project proponent hereby agrees 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'); • The project proponent hereby agrees to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act'); • The project proponent hereby understands that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND • As the project proponent, I intend to electronically sign and submit the PCN/online form. Full Name: * Jonathan Grubb Signature: * Jonathan Grubb Date: * 10/7/2022 Page 20 of 20 PCN Form - Version 4.2, January31, 2022 STREAM/WETLAND TABLE NXr\4 6 STREAM 257 LF WETLAND 1 0.001 AC L� /j//1QI6 \\\� \ \ \\ _ / i \ \ � - - r \ / //� / - �\ \\ _ / l r�l \ \ �, / ��— J /sib \�\ III /I\\,l�/% I �111)1�11 I � 11 / / / / /f � \ \-J //I I fJ1I1111IIIIIIr< ii/� / /� _j I) / l\I 1 1 \ //III (` \ ��/�j// I l I I 1 I / I � / / 1 // /�� " � / 1 �//�.�✓� \ �i� III I / � �i / � \\ \ � � � 1111 III �11 \�`\( I� � , . i ////Xr/�� �/1111110) XN�\ 111 I l \\ \ \ll Il \\�///_��_�� �� _I\/ j / I `\`\ jl \ ( / ��/ \\\\ \ \� )1 \\\` �1�\\\\\\\����1 1\\ \ IIII l-/ - _ I I IIII( / \\ \ \ \\I \\>>1)4 `\\ \ \\ I I IIII I ( \\\ \ T AM 4 \ )I \\\\1 II 1\ �\��10LF\\ � \ \ ///�) J I 1I I \\\ �° �/ �i/^�� //� �/ /i \ \\\ 111 (IIII/r f(/�/ 4J(111 //� 11111 (/ / �\ \ lI IIII IIII\ V,�� _\\�� \ ,\`� \, )��/��I►`\ 1 / I,II II I,- �;\\\\\\`-�I II11111IIIII�IIr /�\�\\� \ -- ,�\\/�_�_xj///lllllSjlllllllll�l� �\/ 7 /J��III /'/ /I \ II1I (IIII I �ii =�J I��IIII� III 1111 I I I '�'�� \✓�\����'���\ \\`\�\\\\� - �111� - �- //II I I I II/ r Illllll'1/II II/I�� //� rrloop STREAM/WETLAND AREA (AC) LF STREAM 1 257 STREAM 2 846 STREAM 3 29 STREAM 4 100 STREAM 5 40 STREAM 6 17 WETLAND 1 0.001 N/A WETLAND 2 0.050 N/A WETLAND 3 0.063 N/A WETLAND 4 0.070 N/A WETLAND 5 0.010 N/A —STREAM 6 17 LF WETLAND 3 0.063 AC STREAM 3 29 LF WETLAND 2 0.050 AC STREAM 2 846 LF WETLAND AND STREAM NAAD OAKS COMMERCE CEI BELMONT, NORTH CAROL GRAPHIC SCALE 0 75 150 \ ( IN FEET ) 1 inch = 150 ft. REINFORCED SLOPE 42 LF, 0.008 PERMANENT STREAM 1 IMPACT STREAM 257 LF WETLAND 0.001 AC I A i/ IIng dr / 7 A \(2,466 SF � III /PERMA\ W�TLAN[)'4' 11111 \` was IMPA/CT �) \ '�AN U4 C 1111 1 1 1 I I I I ( / \\\ \ STR AM 4 Ir \ \ 1 71 / f 0 IMPACT TABLE STREAM/WETLAND AREA (AC) STREAM 1 0.008 STREAM 4 0.004 TOTAL STREAM IMPACT 0.012 WETLAND 4 0.057 TOTAL WETLAND IMPACT 0.057 —STREAM 6 17 LF WETLAND 3 0.063 AC STREAM 3 29 LF WETLAND 2 0.050 AC STREAM 2 846LF SLOPE WETLAND AND STREAM IMPACT MAP OAKS COMMERCE CEI BELMONT, NORTH CAROL LF 42 80 122 N/A N/A GRAPHIC SCALE / 0 75 150 300 ( IN FEET ) 1 inch = 150 ft. SAMPLE AGENT AUTHORIZATION FORM PROPERTY LEGAL DESCRIPTION: LOT NO. PLAN NO. PARCEL ID: STREET ADDRESS: Please print: Property Owner: Property Owner: The undersigned, registered property owners of the above noted property, do hereby authorize of (Contractor / Agent) (Name of consulting firm) to act on my behalf and take all actions necessary for the processing, issuance and acceptance of this permit or certification and any and all standard and special conditions attached. Property Owner's Address (if different than property above): Telephone: We hereby certify the above information submitted in this application is true and accurate to the best of our knowledge. Authorized Signature Authorized Signature Date: Date: U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2021-02480 County: Gaston U.S.G.S. Quad: NC -Mount Holly NOTIFICATION OF JURISDICTIONAL DETERMINATION Requestor: CHI Acquisitions LLC Matt Cochrane Address: 4064 Colony Road, Suite 405 Charlotte, NC 28211 Telephone Number: 704-258-9147 E-mail: mcochranenchindustrial.com Size (acres) 44 Nearest Town Gastonia Nearest Waterway South Fork Catawba River RiverBasin Santee USGS HUC 03050102 Coordinates Latitude:35.268377 Longitude:-81.065163 Location description: The site is located off Oak Streetin Belmont, Gaston County, North Carolina. PIN: 3585489743 Indicate Which of the Following Apply: A. Preliminary Determination ® There appearto be waters onthe above described project area/property, that maybe subjectto Section 404 ofthe Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 ofthe Rivers and Harbors Act (RHA) (3 3 USC § 403). The waters have been delineated, and the delineation has been verifiedby theCorps to be sufficiently accurate andreliable. The approximate boundaries of these waters are shown on the enclosed delineation map dated 12/22/2021. Therefore this preliminary jurisdiction determination maybe usedin the permit evaluationprocess, including determining compensatory mitigation. Forpurposes of computation ofimpacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made on the basis of apreliminary JD will treat allwaters andwetlands that would be affectedin anywayby thepermittedactivityon the site as if they are jurisdictional waters of the U.S. This preliminary determination is not anappealable actionunderthe Regulatory Program Administrative Appeal Process (Reference33 CFR Part 331). However, youmay request anapproved JD, which is an appealable action by contactingthe Corps district for further instruction. ❑ There appearto be waters onthe above described project area/property, that may be subjectto Section 404 ofthe Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 ofthe Rivers and Harbors Act (RHA) (3 3 USC § 403). However, since the waters have not been properly delineated, this preliminaryjurisdiction determination may not be used in the peunit evaluation process. Without a verified wetlanddelineation, this preliminary determination is merely an effective presumption of CWA/RHA jurisdiction over allof the waters at the project area, which is not sufficiently accurate andreliable to support anenforceable permit decision. We recommend that you have the waters on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultantto conduct a delineation that can be verified by the Corps. B. Approved Determination ❑ There are Navigable Waters ofthe United States within the above describedproject area/property subjectto the permit requirements of Section 10 of the Rivers andHarbors Act (RHA) (3 3 USC § 403) and Section 404 ofthe Clean WaterAct (CWA)(33USC§ 1344). Unless there is a change in law or our published regulations, this determination maybe relied upon for a period not to exceed five years from the date of this notification. ❑ There are waterson the above described project area/property subjectto thepermit requirements of Section 404 ofthe Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination maybe relied upon for a periodnotto exceedfiveyears fromthe date ofthis notification. ❑ We recommend you have the waters on yourproject area/property delineated. As the Corps maynotbe able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. ❑ The waters on yourproject area/property have been delineated and the delineation has beenverifiedby theCorps. The approximate boundaries of these waters are shown onthe enclosed delineationmap datedDATE. We strongly suggest youhave this delineation surveyed. Upon completion, this survey should be reviewed and verified bythe Corps. Once verified, this survey SAW-2021-02480 will provide an accurate depiction of all areas subject to CWAj urisdiction on yourproperty which, provided there is no change in the law or our published regulations, maybe relied upon fora period notto exceed five years. ❑ The waters have been delineated and surveyed and are accurately depicted on theplat signed by the Corps Regulatory Official identified below onDATE. Unless there is a change in the law or our pub fished regulations, this determination maybe relied upon for a period not to exceed five years from the date of this notification. ❑ There are no waters of the U.S., to include wetlands, present on the above described project area/property which are subject to the permit requirements of Section404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination maybe relied upon fora period not to exceed five years from the date ofthis notification. ❑ The property is located in one ofthe 20 Coastal Counties subject to regulation under the CoastalArea Management Act (CAMA). You should contactthe 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 theUS, including wetlands, without a Department ofthe Army permit may constitute a violation of Section 3 01 of the CleanWa terAct (3 3 USC § 1311). Placement of dredged or fill material, construction or placement of structures, or work within navigable waters ofthe United States without a Department of the Army permit may constitute aviolation of Sections 9 and/or 10 of the Rivers andHarbors Act (33 USC § 401 and/or403). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Kr s1ynkaBStygarat252-545-0507or kry stynka.b.stygarkgsace.army.mil. C. Basis For Determination: Based on information submitted by the applicant and available to the U.S. Army Corps of Engineers, the project area exhibits criteria for waters of the U.S. as defined in 33 CFR 328, Regulatory Guidance Letter 05-05, the 1987 Wetland Delineation Manual and/or Regional Supplement to the 1987 Manual: Eastern Piedmont and Mountains v.2.0. See the preliminary urisdictional determination form dated 12/27/2021. D. Remarks: See approximate Jurisdictional Features on map, "Crow Holdings Industrial" 1212212021 E. Attention USDA Program Participants This delineation/detenninationhas been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may notbe valid for the wetland conservationprovisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate p articipation in USDA programs, you should request a certified wetlanddetermination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) If you object to this determination, you may request an administrative appealunder Corps regulations at33 CFR Part 331. Enclosed you will find a Notification ofAppeal Process (NAP) fact sheet and Request for Appeal (RFA) form. Ifyou 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 PH I LI P.A. SHANNIN&USACE.ARM Y. 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, andthat it has been receivedby the Division Office within 60 days ofthe date ofthe NAP. Should you decide to submit an RFA form, it must be received at the above address byNot applicable. **It is not necessary to submit anRFA form to the ivision Office if you do not object to the determination in this correspondence.** Corps Regulatory Official: Date of JD:12/27/2021 Expiration Date ofJD: Not applicable SAW-2021-02480 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at http://corpsmapu.usace.army.mil/cm_apex/Vp=136:4:0 Copy furnished: Agent: ECS Limited Alex Morley Address: 1281 Kennestone Cir #200 Marietta, GA30066 Telephone Number: 470-510-9570 E-mail: amorley&ecslimited.com Property Owner: DMG Roadworks, LLC AJ Demoya Address: 2150 Goodlette Road, North North Naples, FL 34102 Telephone Number: 704-226-5990 NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: CHI AcquisitionsLLC,Matt Cochrane File Number: SAW-2021-02480 Date: 12/27/2021 Attached is: See Section below INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A PROFFERED PERMIT (Standard Permit or Letter of permission) B ❑ PERMIT DENIAL C ❑ APPROVED JURISDICTIONAL DETERMINATION D ❑X PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I - The following identifies yourrights and options regarding an administrative appealof the above decision. Additional informationmaybefoundatorhttl2://www.usace.anny.mil/Missions/CivilWorks/Regulato yProgramandPennits.aspx or the Corps regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and yourwork 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 appealthe permit, including its terms and conditions, and approved jurisdictionaldeterminations associated with the permit. • OBJECT: If you object to the permit (Standard orLOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit yourright to appealthe permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address allof yourconcems, (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 yourwork 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 appealthe permit, including its terms and conditions, and approved jurisdictionaldeterminations 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 appealthe declined permit underthe Corps of Engineers Administrative AppealProcess by completing Section II of this form and sendingthe 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 appealthe denial of a permit underthe Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may acceptor 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 appealthe approved JD. • APPEAL: If you disagree with the approved JD, you may appealthe approved JD under the Corps of Engineers Administrative AppealProcess by completing Section II of this form and sending the form to the district engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe yourreasons forappealing the decision or your obj ections 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 appealis limited to a review of the administrative record, the Corps memorandum forthe record of the appeal conference ormeeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant northe Corps may add new information oranalyses 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 regardingthis decision and/orthe If you only have questions regardingthe appealprocess you may appealprocess you may contact: also contact: District Engineer, Wilmington Regulatory Division MR. PHILIP A. SHANNIN Attn: Krystynka B Stygar ADMINISTRATIVE APPEAL REVIEW OFFICER Charlotte Regulatory Office CESAD-PDS-O U.S Army Corps of Engineers 60 FORSYTH STREET SOUTHWEST, FLOOR M9 8430 University Executive ParkDrive, Suite 615 ATLANTA, GEORGIA 30303-8803 Charlotte, North Carolina 28262 PHONE: (404) 562-5136; FAX (404) 562-5138 EMAIL: PHILIP.A.SHANNIN(cr�,USACE.ARMY.MIL RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appealprocess. You will be provided a 15-day notice of any site investigation, and will have the opportunity to participate in all site investi rations. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: Krystynka B Stygar, 69 Darlington Avenue, Wilmington, North Carolina 28403 For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Philip Shannin, Administrative Appeal Officer, CE SAD-PDO, 60 Forsyth Street, Room 1 OM15, Atlanta, Georgia 3 0303 -8801 Phone: (404) 562-5137 PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: 11/19/2021 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: CHI Acquisitions LLC, Matt Cochrane, 4064 Colony Road, Suite 405, Charlotte, NC 28211 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Oaks Commerce, SAW-2021- 02480 D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The site is located off Oak Street in Belmont, Gaston County, North Carolina. PIN: 3585489743 (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: NC County: Gaston City: Gastonia Center coordinates of site (lat/long in degree decimal format): Latitude: 35.268377 Longitude:-81.065163 Universal Transverse Mercator: Name of nearestwaterbody: South Fork Catawba River E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑ Office (Desk) Determination. Date: ❑X Field Determination. Date(s): December 21, 2021 TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION Site Number Latitude Longitude Estimated Type of aquatic resources Geographic (decimal (decimal amountof (i.e., wetland vs. non- authority to degrees) degrees) aquatic wetland waters) which the resources in aquatic review area resource "may (acreage and be" subject linear feet, if (i.e., Section applicable 404 or Section 10/404) S1 35.268377 -81.065163 257 LF Non -wetland waters Section 404 S2 35.269936 -81.060299 846 LF Non -wetland waters Section 404 S3 35.270338 -81.060468 29 LF Non -wetland waters Section 404 S4 35.270694 -81.061223 100 LF Non -wetland waters Section 404 S5 35.270815 -81.061038 40 LF Non -wetland waters Section 404 S6 35.271235 -81.060776 17 LF Non -wetland waters Section 404 W 1 35.267787 -81.063516 0.001 Acres Wetland Section 404 W2 35.269785 -81.060468 0.05 acres Wetland Section 404 W3 35.270149 -81.060534 0.063 acres Wetland Section 404 W4 35.270288 -81.061053 0.07 acres Wetland Section 404 W5 35.270806 -81.060992 0.01 acres Wetland Section 404 1. The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an approved JD (AJD) for that review area based on an informed decision after having discussed the various types of JDs and their characteristics and circumstances when they may be appropriate. 2. In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre- construction notification" (PCN), or requests verification for a non -reporting NWP or other general permit, and the permit applicant has not requested an AJD for the activity, the permit applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit authorization based on a PJD, which does not make an official determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an AJD could possibly result in less compensatory mitigation being required or different special conditions; (3) the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) undertaking any activity in reliance upon the subjectpermit authorization without requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrative orjudicial 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 affectedby the proposed activity, based on the following information: SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items are included in the administrative record and are appropriately cited: M Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Map: ECS for CHI Industrial. Vicinity Maps. ® Data sheets prepared/submitted by or on behalf of the PJD requestor. Datasheets: ❑ Office concurs with data sheets/delineation report. ❑ Office does not concurwith data sheets/delineation report. Rationale: ❑ Data sheets prepared by the Corps: ❑ Corps navigable waters' study: El 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: M Natural Resources Conservation Service Soil Survey. Citation: Figure 3 (10/26/2021) MNationaIwetlands inventory map(s). Cite name: Figure 5: NWi Mapper (10/26/2021) ❑ State/local wetland inventory map(s): ® FEMA/FIRM maps: Figure 4 ( FEMA NFHL layer) 10/26/2021 ❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929) M Photographs: ❑ Aerial (Name & Date): or M Other (Name & Date): Site photos 11/01/2021 ❑ Previous determination(s). File no. and date of response letter: MOther information (please specify): Aquatic Resource Sketch Map (12/22/2021) . NC Stream Form 10/27/2021 IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corns and should not be relied upon for later jurisdictional determinations. -�Vp ) e- Signature and date of Regulatory staff member completing PJD 12/27/2021 Signature and date of person requesting PJD (REQUIRED, unless obtainingthe signature is impracticable)' 1 Districts may establish timeframes for requester to return signed PJD forms. If the requester does not respondwithin the established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action. Adjacent Property Owners Adjoining Waterbody Parcel # PIN # Owner 183358 3585592627 Judith Sanders Rikard 183357 3585591787 Herbert Pinkney Rikard 183355 3585591848 Constance A Collins Owner Address 314 Park Terrace, Belmont, NC 28012 314 Park Terrace, Belmont, NC 28012 306 Park Terrace, Belmont, NC 28012 Deed Book Deed Page Plat Book Plat Page 005E 713 014 082 0954 0054 014 082 4351 0131 014 082 Pc�o "+pa, Rd N q Legend 4a g Project Study Area ifi tlwo r' e 111, I�r �• Client: CROW HOLDINGS % a 0 1 1 M1 ad y � Cy onxwo°d �a � � Gans: rA P4m Ln b� fer „� a 4ndm ]St V`s r Project: (yrb` F6 Pr. 0�.r,x?i IAi11m SI pt'cryl .�� har'Y dr h fe"ron Rd 4 H OP n 4 - f OAKS COMMERCE Goan Grove BELMONT p °Pan Rd �Rd 4.0 Ma9noliast PatiR W r�� GASTON COUNTY ��d c rnpr'L 4•c qpi �a0 �B,`n5t ¢e Springwood ":yQ North ,�°' s, 8 80,,,,dtr NORTH CAROLINA w S. a;4 , rsr ,, t7 eFm*nt � (J s f, �lervlCW a QsFn'oc Title: "e Ave c o o r" 13 .41 s• SITE LOCATION M�-0dep41111 'y Av, b $ - � R4e s g a MAP L °'r'gig4 a° e C far r-1an>� '� �Or na4 rrl 7hr Ua Qarr} - Gimel�l R4 Yk GASTON COUNTY flay F ¢ a e�' Ay�bal! ' c o' O le e R4 Q?r `� yit°'F RAt'" t�l 0 F f - LPL" pQr { LG*fr! a .B•imm C CL Elm StMeAdenvi Re "vp[a[5[ �I IT'• 4� o •�.alln7e $p1L[r pine `'�^eyb ;Cr, a. 4.1111, 8'ru $[ ¢b ° a aY [h "-•�— s►n w a J MCA den YIII Rd �fj {1dVld4v[[ Sr on 87uq West 4 Grarnertort Hm - n �.`n, ar�ararL c AnGeyalacsf]r Drawn By: Scale: t v - c nti �H+9hlagdS � �'hurc x[^SL 1 n µan St 'l HapY° ¢n AMC 1 "=2,000' r cnw� �b 77 Lv�aa Approved By: Date: ,QYe Fsf S n G P `' fr.:.i WBF 10/26/2021 pia °i4� Ba��es G ECS Project No. v,ta ° a 51 `rs a 49: 15459-A r�S� plno Y'O s��a W+rRrn san dLn L1rtG�n ❑'c'r>< flu F:ilf< � Km5 [?i 1,000 2,000 4,000 ervd Y i x r FIGURE 1 Fee Sr4 - 'a Legend Project Study El Area Client: `� .��_-_ ;rA-' !r. -—TBA• s ♦ CROW HOLDINGS Project: r� r�= * r'" _ OAKS COMMERCE `�.-- � _ 'l •�- . 1.r�'�3`' _— r .'r -�~�-� � BELMONT GASTON COUNTY NORTH CAROLINA - - • •}: � � \J s ti'• ^�r � s • 1 f X. 1 J` :J Cf"'!=47 f'�� Title: USGS TOPOGRAPHIC - ''•-7•Snc,.r�y.-�'_.;�. 4.f a .. �—��� <� MAP '- MOUNT HOLLY, NC r ,.�• j' ;.. - - — r�►'',. sf="• '+ems•--- ',d� QUADRANGLE DATED: 2019 • _ '+date. IuAdeil Wit - _ Gdrdens J , jjJti� • A Di i4 . , •i CCm 1 �1 ram~ � �J •r� I e �' - ` _� •- 'Pr J - . f-;-`� 'f��{ • Cem: { r1e'enCrn Drawn By: Scale: i 1 i AMC 1 2, 000 ' ti'ti' ! 4� -rlJ 4r3 - ff r' tii �fF•, ,' t., s ! 4 Approved By: Date: 10/26/2021 cp _ T'e/ / C>�cmerfan�r « f3F;i.;ldO x r,;r WBF ECS Project No. ,J- + s r� �:;* 49:15459-A r Y 1,000 2,000 4,000 r• - - � � �` ! � '•' FIGURE 2 Fee - ---� '' � ,•i � �} , r r � 41.0 • e. ,. it # �'� P� I �: 117 Cfp iG�fB PaE ti I r 2 4 WkF LdD2 CeB2 PaD2 k + d '. I 0. •,_ Legend OProject Study Area Flood Hazard Zones Zone Type 1 % Annual Chance Flood Hazard Regulatory Floodway Special Floodway Area of Undetermined Flood Hazard 0.2 % Annual Chance Flood Hazard Future Conditions 1 % Annual Chance Flood Hazard Area with Reduced Risk Due to Levee Area with Risk Due to Levee _.:..+ 500 1,000 2,000 • ,�i<.rvAil Client: CROW HOLDINGS Project: OAKS COMMERCE BELMONT GASTON COUNTY NORTH CAROLINA Title: NATIONAL FLOOD HAZARD ZONE MAP O McR afenv i i. vn By: Scale: AMC 1 "= 1,000' roved By: Date: WBF 10/26/2021 ECS Project No. 49: 15459-A FIGURE 4 Legend Project Study Area Wetland Type Freshwater Emergent Wetland Freshwater Forested/Shrub Wetland I Freshwater Pond Lake Riverine ..• I _ - •p }l ,1E� • r • � �� �N,� �.• .,��h: �., a `,�:-:.„ O �� •j - LTF J S - �• Y 1 11 111 4 -• q �... '' •` �rr�:• +"Fug .�:`:. ;�. _ " •, ' " fi'�► ��y'7� .: v� � }} �; � • y � � 'SAC �� *-� .� `` 'y•�� � P C - fS y •4ti' �' l� � - � Y�' •� ■4 •Y - a ,F• •q.r ti �� i = ��.�,•' tea, _ - .. - -�'. �JY-' - �..�� i fir- �_ �. •F x _ :�. .. - a�; _ �. � - .•� �. - k yam{ C , • �; x , [ µ�. LIM ;� ,x 5/13/22, 1:35 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 V1144 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 Gaston County, North Carolina L}. Local office Asheville Ecological Services Field Office t. (828) 258-3939 la (828) 258-5330 https://ipac.ecosphere.fws.gov/location/E5QMADYMRRG5FF16K5R23YXAJM/resources 1/14 5/13/22, 1:35 PM IPaC: Explore Location resources 160 Zillicoa Street Asheville, NC 28801-1082 http://www.fws.gov/nc-es/es/countyfr.htmI 01OF G FO �O https://ipac.ecosphere.fws.gov/location/E5QMADYMRRG5FF16K5R23YXAJM/resources 2/14 5/13/22, 1:35 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. _,0 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. --a- 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 speciesi 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 theirjurisdiction. 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/E5QMADYMRRG5FF16K5R23YXAJM/resources 3/14 5/13/22, 1:35 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 Northern Long-eared Bat Myotis septentrionalis Wherever found No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/9045 Reptiles NAME STATUS Threatened STATUS Bog Turtle Glyptemys muhlenbergii SAT No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/6962 Insects NAME STATUS Monarch Butterfly Danaus plexippus Wherever found No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/9743 Flowering Plants NAME Dwarf -flowered Heartleaf Hexastylis naniflora Wherever found No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/2458 Schweinitz's Sunflower Helianthus schweinitzii Wherever found No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/3849 Candidate STATUS Threatened Endangered https://ipac.ecosphere.fws.gov/location/E5QMADYMRRG5FF16K5R23YXAJM/resources 4/14 5/13/22, 1:35 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 Acts. 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 d 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 Additional information can be found using the following links: • Birds of Conservation Concern https://www.fws.gQv//program/migratory-birds/species • Measures for avoiding and minimizing impacts to birds https://www.fws.gov/library/collections/avoiding-and-minimizing-incidental-take- migratory-birds • Nationwide conservation measures for birds https://www.fws.gov/sites/default/files/documents/nationwide-standard-conservation- measures.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/E5QMADYMRRG5FF16K5R23YXAJM/resources 5/14 5/13/22, 1:35 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 BREEDING SEASON (IFA _............................................................................. BREEDING SEASON IS _..................................................................... INDICATED FOR A BIRD ON _...................................................................................... YOUR LIST, THE BIRD MAY ................................................................................... BREED IN YOUR PROJECT AREA _................................................................................................... SOMETIME WITHIN THE ........................................................................... TIMEFRAME SPECIFIED, WHICH .................................................................................................... IS A VERY LIBERAL ESTIMATE ............................................................................................ OF THE DATES INSIDE WHICH ................................................................................................ THE BIRD BREEDS ACROSS ITS .................................................................................................. ENTIRE RANGE. ''BREEDS ................................................................................ ELSEWHERE'' INDICATES THAT _................................................................................................ THE BIRD DOES NOT LIKELY ......................................................................................... BREED IN YOUR PROJECT AREA.) Bald Eagle Haliaeetus leucocephalus Breeds Sep 1 to Jul 31 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 � W �. Prairie Warbler Dendroica discolor This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Prothonotary Warbler Protonotaria citrea 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. Rusty Blackbird Euphagus carolinus This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions (BCRs) in the continental USA Breeds May 1 to Jul 31 Breeds Apr 1 to jul 31 Breeds May 10 to Sep 10 Breeds elsewhere https://ipac.ecosphere.fws.gov/location/E5QMADYMRRG5FF16K5R23YXAJM/resources 6/14 5/13/22, 1:35 PM IPaC: Explore Location resources Probability of Presence Summary The graphs below provide our best understanding of when birds of concern are most likely to be present in your project area. This information can be used to tailor and schedule your project activities to avoid or minimize impacts to birds. Please make sure you read and understand the FAQ "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting to interpret this report. Probability of Presence ( ) Each green bar represents the bird's relative probability of presence in the 10km grid cell(s) your project overlaps during a particular week of the year. (A year is represented as 12 4- week months.) A taller bar indicates a higher probability of species presence. The survey effort (see below) can be used to establish a level of confidence in the presence score. One can have higher confidence in the presence score if the corresponding survey effort is also high. How is the probability of presence score calculated? The calculation is done in three steps: 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 0.25/0.25 = 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 (1) Vertical black lines superimposed on probability of presence bars indicate the number of surveys performed for that species in the 10km grid cell(s) your project area overlaps. The number of surveys is expressed as a range, for example, 33 to 64 surveys. https://ipac.ecosphere.fws.gov/location/E5QMADYMRRG5FF16K5R23YXAJM/resources 7/14 5/13/22, 1:35 PM IPaC: Explore Location resources 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 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. SPECIES Bald Eagle Non -BCC ........................ Vulnerable This is not a ................................... Bird of ................... Conservation ..................................... Concern (BCC) ....................................... in this area, but ............................................ warrants ........................ attention .b......................... ecause of the _.................. ................... "' Eagle Act or for ........................................... potential ......................... susceptibilities in offshore ............................... areas from ............................... certain types of development ....... .............................. or activities.) Prairie Warbler BCC Rangewide (CON) (This is a ................... Bird of ................... Conservation ..................................... Concern (BCC) ....................................... throughout its ....................................... range in the .................................. continental ................................ USA and ........................ Alaska.) ...................... probability of presence breeding season I survey effort — no data JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC lill lill lih gill lill lill lill +1 I- lill lill lill 11000 10\ Ilk ++� 111111111111 I +<+O+++++ ++ + +++— ++++ ++++ ++++ ++++ https://ipac.ecosphere.fws.gov/location/E5QMADYMRRG5FF16K5R23YXAJM/resources 8/14 5/13/22, 1:35 PM IPaC: Explore Location resources Prothonotary Warbler BCC Rangewide ............................................ (CON) (This is a .......................................... Bird of ................... Conservation ..................................... Concern (BCC) ....................................... throughout its ....................................... range in the .................................. continental ................................ USA and ........................ Alaska.) Red-headed ++++ ++++ ++++ ++—+ ++��J gill ""�"'IN+ +"+ +"' ++++ Woodpecker 11 BCC Rangewide ............................................ (CON) (This is a ......................................... Bird of .................. Conservation ..................................... Concern (BCC) _....................................... throughout its ....................................... range in the ................................. continental .............................. USA and ....................... Alaska.) Rusty Blackbird I �" �l�""+ ++—+ ++++ + ++++ ++++ F++""' BCC - BCR (This ........................................... is a Bird of ............................. Conservation ..................................... Concern (BCC) only in .................. particular Bird ........................................ Conservation .................................... Regions (BCRs) .......................................... in the 411 ................ continent ....................... .. USA) 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. https://ipac.ecosphere.fws.gov/location/E5QMADYMRRG5FF16K5R23YXAJM/resources 9/14 5/13/22, 1:35 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 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 . 14 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. Y Nk-�. 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/E5QMADYMRRG5FF16K5R23YXAJM/resources 10/14 5/13/22, 1:35 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/E5QMADYMRRG5FF16K5R23YXAJM/resources 11/14 5/13/22, 1:35 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-documentation Data exclusions 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. � %..i 0\ Facilities r 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/E5QMADYMRRG5FF16K5R23YXAJM/resources 12/14 5/13/22, 1:35 PM IPaC: Explore Location resources Wetlands in the National Wetlands Inventory 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 NWI map to view wetlands at this location. Data limitations \0 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 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 https://ipac.ecosphere.fws.gov/location/E5QMADYMRRG5FF16K5R23YXAJM/resources 13/14 5/13/22, 1:35 PM IPaC: Explore Location resources seek the advice of appropriate federal, state, or local agencies concerning specified agency regulatory programs and proprietary jurisdictions that may affect such activities. c G�NJ FOB https://ipac.ecosphere.fws.gov/location/E5QMADYMRRG5FF16K5R23YXAJM/resources 14/14 Vascular Plant Vascular Plant Vascular Plant Vascular Plant Taxonomic Group Freshwater Fish Reptile Amphibian Reptile Vascular Plant Vascular Plant Vascular Plant Reptile Bird Vascular Plant Vascular Plant Freshwater Bivalve Vascular Plant Freshwater Bivalve Vascular Plant Helianthus schweinitzii Pseudognaphalium helleri Quercus ilicifolia Quercus prinoides Scientific Name Carpiodes sp. cf. velifer Crotalus horridus Eurycea quadridigitata Sistrurus miliarius miliarius Magnolia macrophylla Ruellia purshiana Eleocharis parvula Glyptemys muhlenbergii Haliaeetus leucocephalus Hexastylis naniflora Juniperus communis var. depressa Ligumia nasuta Schisandra glabra Strophitus undulatus Symphyotrichum georgianum Schweinitz's Sunflower Heller's Rabbit -Tobacco Bear Oak Dwarf Chinquapin Oak Common Name Atlantic Highfin Carpsucker Timber Rattlesnake Dwarf Salamander Carolina Pigmy Rattlesnake Bigleaf Magnolia Pursh's Wild -petunia Little -spike Spikerush Bog Turtle Bald Eagle Dwarf -flowered Heartleaf Dwarf Juniper Eastern Pondmussel Magnolia Vine Creeper Georgia Aster E E E none E none E none NC Status Federal Stz SC none SC none SC none SC none SC-V none SC-V none T none T T(S/A) T BGPA T T T none T none T none T none T C S3 G3 Gaston S2S3 G4GST3T4 Gaston S2 G5 Gaston S1 G5 Gaston State Rank Global Ran County S1 GNR Gaston S3 G4 Gaston S1 G5 Gaston S2 G5T4T5 Gaston S2 G5 Gaston S2 G3 Gaston S1 G5 Gaston S2 G2G3 Gaston S3B,S3N G5 Gaston S3 G3 Gaston S1 G5T5 Gaston S2 G4 Gaston S1 G3 Gaston S3 G5 Gaston S3 G3 Gaston Current open woods, roadsides, and other rights -of -way Current dry woodlands and openings (especially over mafic rocks), longleaf Current dry summits and rocky woods on Piedmont monadnocks Historical dry, rocky slopes County Sta Habitat Comment Historical Catawba, Pee Dee, and Cape Fear rivers Current wetland forests in the Coastal Plain; rocky, upland forests elsewher Historical pocosins, Carolina bays, pine flatwoods, savannas, and other wetla Historical pine flatwoods, pine/oak sandhills, other pine/oak forests Current rich deciduous forests Current glades and woodlands, mostly over mafic or calcareous rocks Historical brackish and fresh marshes Current bogs, wet pastures, wet thickets Current mature forests near large bodies of water (nesting); rivers, lakes, ai Current rich deciduous forests, bluffs, and ravines Current high elevation granitic domes, low elevation rocky summits Current Chowan, Roanoke, Neuse, Tar, Cape Fear, and Yadkin -Pee Dee drai Current rich slopes and floodplain islands Current Roanoke, Tar, Neuse, Cape Fear, Yadkin -Pee Dee, Catawba, Broad, Current open woods, roadsides, and other rights -of -way rid sounds (foraging) [breeding evidence only] 0 HPOWEB 2.0 General Audience At VI • 1 � f n_ r r O 44 81.954377 35.265062 Degrees Legend OProject Study Area Flood Hazard Zones Zone Type 1 % Annual Chance Flood Hazard Regulatory Floodway Special Floodway Area of Undetermined Flood Hazard 0.2 % Annual Chance Flood Hazard Future Conditions 1 % Annual Chance Flood Hazard Area with Reduced Risk Due to Levee Area with Risk Due to Levee _.:..+ 500 1,000 2,000 • ,�i<.rvAil Client: CROW HOLDINGS Project: OAKS COMMERCE BELMONT GASTON COUNTY NORTH CAROLINA Title: NATIONAL FLOOD HAZARD ZONE MAP O McR afenv i i. vn By: Scale: AMC 1 "= 1,000' roved By: Date: WBF 10/26/2021 ECS Project No. 49: 15459-A FIGURE 4