20220781 Ver 1_PCN_Application 20221121revised_20221121

NORTH CAROLINA
Environmental Quality
Water Resources
Office Use Only
Corps Action ID no. SAW-2022-00180 Date received: [Click to enter.]
DWR project no. [Click enter.] Date received: [Click to enter.]
Site Coordinates:
Latitude (DD.DDDDDD): 35.269759
Longitude (DD.DDDDDD): 81.242799
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 Zink:
https://edocs.deq.nc.gov/WaterResources/0/edoc/624704/PCN%20Help%20File%202018-1-30.pdf
The help document may be found at this link:
http://www.saw.usace.army.mil/Missions/Requlatory-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? *
E Yes ® No
If yes, NCDOT TIP or state project number:
Click to enter.
If yes, NCDOT WBS number: *
Click to enter.
Page 1 of 21
PCN Form - Version 4.2, January31, 2022

la. Type(s) of approval sought from the Corps: *
0 Section 404 Permit (wetlands, streams, waters,
Clean Water Act)
❑ 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.
1 b. What type(s) of permit(s) do you wish to seek
authorization? *
0 Nationwide Permit (NWP)
❑ Regional General Permit (RGP)
❑ 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 and 58
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: *
• Yes 0 No
For the record only for Corps Permit: *
E Yes 0 No
1f. Is this an after -the -fact permit/certification application? *
E Yes 0 No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for
mitigation of impacts?
• Yes 0 No
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? *
E Yes 0 No
1 i. Is the project located within an NC DCM Area of Environmental
Concern (AEC)? *
E Yes 0 No E Unknown
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.army.mil/Missions/Regulatory-Permit-
Prog ram/Agency-Coordination/Trout.aspx
Page 2 of 21 PCN Form - Version 4.2, January31, 2022

B. Applicant Information
la.
Who is the primary contact? *
CHI Acquisitions, LLC (Chris Urquhart)
lb.
Primary Contact Email: *
[e-mail]
lc.
Primary Contact Phone: * (###)###-####
[phone]
ld.
Who is applying for the permit/certification? * (check
all that apply)
III Owner ❑x Applicant (other than owner)
le.
Is there an agent/consultant for this project?*
Yes ❑ No
2. Landowner Information
2a. Name(s) on Recorded Deed: *
Gloria Carpenter, Ruby G. Styles Life Estate
2b. Deed Book and Page No.:
3048, 0820
2c. Contact Person (for corporations):
Click to enter.
2d. Address *
Street Address:
414 PinnacleRoad
Address line 2:
Click to enter.
City:
Kings Mountain
State/ Province/ Region:
North Carolina
Postal/ Zip Code:
28086
Country:
United States
2e. Telephone Number: * (###)###-####
[phone]
2f. Fax Number: (###)###-####
See Agent Authorization (multiple)
2g. Email Address: *
See Agent Authorization (multiple)
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: *
[e-mail]
Page 3 of 21
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: *
[e-mail]
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-Permit-Program/Permits/2017-Nationwide-Permits/Pre-
construction-Notification/
Page 4 of 21 PCN Form - Version 4.2, January31, 2022

C. Project Information and Prior Project History
1.
Project Information
la.
Name of project: *
Gaston Commerce Center
1 b.
Subdivision name (if appropriate):
Click to enter.
1c.
Nearest municipality/town: *
Gastonia, North Carolina
2.
Project Identification
2a.
Property identification number (tax PIN or parcel ID):
152896, 152919, 152895, 152894, 152920,
137668, 137667, 152926, 152921, 202253,
and 137567
137665,
137573,
2b.
Property size (in acres):
82.8
2c.
Project Address:
Street Address:
1113 Shannon Bradley Road
Address line 2:
Click to enter.
City:
Gastonia
State/ Province/ Region:
North Carolina
Postal/ Zip Code:
28052
Country:
United States
2d.
Site coordinates in decimal degrees (using 4-6 digits
after the decimal point): *
Latitude (DD.DDDDDD): * 35.269759
Longitude (-DD.DDDDDD): *-81.242799
3.
Surface Waters
3a.
Name of nearest body of water to proposed project: *
Oates Creek
3b.
Water Resources Classification of nearest receiving
water: *
Class C
The Surface Water Classification map may be found at this link:
https://ncdenr. maps.arcgis.com/apps/webappviewer/index. html?id=6e125ad7628f494694e259c80dd64265
3c.
In what river basin(s) is your project located? *
Catawba
Choose additional (if needed)
3d.
Please provide the 12-digit HUC in which the project is
located: *
030501011501
The Find Your HUC map may be found at this link:
https://ncdenr.maps.arcgis.com/apps/Publiclnformation/index.html?appid=ad3a85a0c6d644a0b97cd069db238ac3
Page 5 of 21 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 forested land, maintained herbaceous areas, scrub/shrub and herbaceous
wetlands, and developed commercial and residential properties. A single-family residence and several
out -buildings are located along Shannon -Bradley Road.
4b. Have Corps permits or DWR certifications been obtained for this
project (including all prior phases) in the past? *
❑Yes ❑x No ❑Unknown
If yes, please give the DWR Certification number and/or Corps
Action ID (ex. SAW-0000-00000):
SAW-2022-00180
[Click to enter.]
Attach any pertinent project history documentation
4b2. Is any portion of the work already complete? *
❑ Yes ® 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'/z x 11" excerpt from the most recent version of the USGS topographic map indicating the location of
the project site.
4e. Attach an 8'/2 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
property:
6.87 acres
4g. List the total estimated linear feet of all existing streams (intermittent
and perennial) on the property:
3,314 linear feet
4g1. List the total estimated acreage of all existing open waters on the
property:
0 acres
4h. Explain the purpose of the proposed project: *
The purpose of the proposed project is to construct two 300,000 square -foot instrustrial structures
complimented by associated parking and access areas.
4i. Describe the overall project in detail, including the type of equipment to be used: *
The proposed development will include two 300,000 square -foot industrial structures and associated
parking/access areas. Construction of one stormwater management pond is planned in the
southeastern portion of the site. Based on preliminary information provided, maximum anticipated cut -
and fill -depths may reach between five (5) and 30 feet. A sewer line will be installed on the western
side of the site to connect the site to existing utility.
Standard construction equipment such as cranes, excavators, dump trucks, and similar vehicles would
be used for the project. Proper erosion and sedimentation control measures (BMP's) would be
employed throughout the project. Typical materials and machinery will be used on -site during the
construction process.
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
Page 6 of 21
PCN Form - Version 4.2, January31, 2022

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 21 PCN Form - Version 4.2, January31, 2022

5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or in
proposed impact areas? *
o Yes ❑ No ❑Unknown
Comments:
Anticipated wetland impact offset is a 2:1 ratio.
5b. If the Corps made a jurisdictional determination,
what type of determination was made? *
❑x Preliminary ❑ Approved ❑ Emailed concurrence
❑ Not Verified ❑ Unknown ❑ n/a
Corps AID number (ex. SAW-0000-00000):
SAW-2022-00180
5c. If 5a is yes, who delineated the jurisdictional
areas?
Name (if known): Jonathan Grubb
Agency/Consultant Company: ECS Southeast LLP
Other: Click to enter.
5d. List the dates of the Corps jurisdictional determination or State determination if a determination was made by
either agency.
Click to enter.
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)
Win Five Investments, LLC - 1005 Ladera Drive, Waxhaw, NC 28173
Wede Properties, LLC - 18426 Peninsula Cove Lane, Cornelius, NC 28031
8. Scheduling of activity:
Click to enter.
Page 8 of 21 PCN Form - Version 4.2, January31, 2022

D. Proposed Impacts Inventory
1. Impacts Summary
la. Where are the impacts associated with your project
(check all that apply):
O Wetlands
❑ Buffers
❑ Pond Construction
O 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
Fill (Incl.
Riprap)
Permanent
Headwater
Forest
W1
Yes
Both
0.272
W2
Draining/
Dewatering
Temporary
Headwater
Forest
W1
Yes
Corps
0.097
W3
Mechanized
Clearing
Temporary
Bottomland
Hardwood
Forest
W2
Yes
Corps
0.209
W4
Choose one
Temp/ Perm
Choose one
Click to enter
Yes
Corps
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
0.306 ac
2g2. Total permanent wetland impacts
0.272 ac
2g3. Total wetland impacts
0.578 ac
2h. Type(s) of material being discharged and the amount of each type in cubic yards:
Clean material; approximately 12,000 cy
Page 9 of 21
PCN Form - Version 4.2, January31, 2022

2i. Comments:
Temporary Impacts for erosion control and sewer line installment. These impacts will be allowed to return back to
pre -construction conditions. 0.097 acre of temporary impact is for erosion control. 0.209 acre of temporary impact
is for the sewer line. 0.272 acre of permanent impact is for the culvert installment for the road crossing. Pump
around strategy will be used to keep from impeding flow.
Page 10 of 21 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
Sewer
Crossing
Temporary
Crossing/
Culvert
S3
Perennial
Both
8
43
S2
Click to enter
Temp/ Perm
Choose one
Click to enter
Per/Int
Choose one
Click to enter
Click to enter
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
3i2. Total permanent stream
impacts:
Click to enter. linear ft
3i3. Total temporary stream
impacts:
43 linear ft
3i4. Total stream and ditch
impacts:
Click to enter. linear ft
3j. Comments:
Temporary impact of 43 linear feet for open cut of stream to cross with the sewer line. A pump around system
will be used, and the stream will be returned to pre -construction conditions.
Page 11 of 21
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.
Pond ID
#
5b.
Proposed use or
purpose of pond
5c.
Wetland Impacts (ac)
5d.
Stream Impacts (ft)
5e.
Upland
Impacts (ac)
Flooded
Filled
Excavated
Flooded
Filled
Excavated
P1
Choose one
Click to
enter.
Click to
enter.
Click to
enter.
Click to
enter.
Click to
enter.
Click to
enter.
Click to
enter.
P2
Choose one
Click to
enter.
Click to
enter.
Click to
enter.
Click to
enter.
Click to
enter.
Click to
enter.
Click to
enter.
P3
Choose one
Click to
enter.
Click to
enter.
Click to
enter.
Click to
enter.
Click to
enter.
Click to
enter.
Click to
enter.
5f. Total
Click to
enter.
Click to
enter.
Click to
enter.
Click to
enter.
Click to
enter.
Click to
enter.
Click to
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 12 of 21 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)
B1
Choose one
Temp/ Perm
Click to enter.
Y/N
Click to enter.
Click to enter.
B2
Choose one
Temp/ Perm
Click to enter.
Y/N
Click to enter.
Click to enter.
B3
Choose one
Temp/ Perm
Click to enter.
Y/N
Click to enter.
Click to enter.
B4
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.
B6
Choose one
Temp/ Perm
Click to enter.
Y/N
Click to enter.
Click to enter.
B7
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.
B9
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 13 of 21 PCN Form - Version 4.2, January31, 2022

E. Impact Justification and Mitigation
1.
Avoidance and Minimization
la.
Specifically describe measures taken to avoid or minimize the proposed impacts through project design: *
This project will fulfill the high demand for warehousing and distribution in the Charlotte Metro
market. The proposed wetland impact is necessary to provide access to the western side of the
property (upland to upland). Stream/wetland features bisect the property and crossing the
stream/wetland features are the only way to access the western side of the property. A bottomless
span was studied during site planning; however, the span required would be too large to be
feasible. The site has been designed in a way to avoid and minimize except as needed for access
to the western side of the property. Temporary impacts are proposed for access to utility and for
erosion control. Temporary impacts will be restored to pre -construction conditions.
1 b.
Specifically describe measures taken to avoid or minimize proposed impacts through construction techniques: *
In previous site plans (attached), the wetland areas in the eastern -central and western portions of the
property were proposed to be impacted. Changes in site design resulted in the avoidance of impacts
to the western wetland area, leaving impacts to only the eastern -central wetland area where fill is
proposed to be placed for installation of the culvert.
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 offsite 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? *
(check all that apply)
❑ DWR ❑x Corps
2b. If yes, which mitigation option(s) will be used for this
project? * (check all that apply)
Mitigation Bank
❑ 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: Non -riparian
Wetland
Quantity 0.98
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.
Page 14 of 21
PCN Form - Version 4.2, January31, 2022

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
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
that requires buffer mitigation?
❑Yes ❑ No
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.
Zone
6c.
Reason for impact
6d.
Total impact
(square feet)
Multiplier
6e.
Required mitigation
(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
NC Division of Mitigation Services proposed?
❑ Yes ❑ No
6h. If yes, attach the acceptance letter from the mitigation bank or NC Division of Mitigation Services.
6i. Comments:
Click to enter.
Page 15 of 21
PCN Form - Version 4.2, January31, 2022

F. Stormwater Management and Diffuse Flow Plan (DWR requirement)
1.
Diffuse Flow Plan
la.
Does the project include or is it adjacent to protected riparian buffers
identified within one of the NC Riparian Buffer Protection Rules?
❑ Yes ❑x No
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://deq.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.
What Type of SCM are you
providing?
(Check all that apply)
❑ Level Spreader
ElVegetated Conveyance (lower seasonal high water table- SHWT)
❑ Wetland Swale (higher SHWT)
❑ 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? *
El Yes ❑x No
2b.
Does this project meet the requirements for low density projects as
defined in 15A NCAC 02H .1003(2)?
❑Yes ❑x No
To look up low density requirements, click here:
http://reports.oah.state.nc.us/ncac/title%2015a%20-%20environmental%20quality/chapter%2002%20-
%20environmental%20management/subchapter%20h/15a%20ncac%2002h%20.1003.pdf
2c.
Does this project have a stormwater management plan (SMP)
reviewed and approved under a state stormwater program or state -
approved local government stormwater program?
❑ Yes ❑x No
❑ 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?
(Check all that apply.)
❑x Local Government
❑ State
If you have local government approval, please include the SMP on their overall impact map.
Local Government Stormwater Programs *
❑x Phase II ❑ USMP
❑ NSW ❑ Water Supply
Page 16 of 21
PCN Form - Version 4.2, January31, 2022

Please identify which local government stormwater program you are using. *
City of Gastonia
State Stormwater Programs *
❑ Phase II
❑ Coastal Counties
❑ HQW or ORW
❑ Other
Comments:
Click to enter.
Page 17 of 21 PCN Form - Version 4.2, January31, 2022

G. Supplementary Information
1.
Environmental Documentation
la.
Does the project involve an expenditure of public (federal/state/local)
funds or the use of public (federal/state) land? *
❑ Yes
El No
1 b.
If you answered "yes" to the above, does the project require
preparation of an environmental document pursuant to the
requirements of the National or State (North Carolina) Environmental
Policy Act (NEPA/SEPA)? *
❑ Yes
❑ No
lc.
If you answered "yes" to the above, has the document review been
finalized by the State Clearing House? (If so, attach a copy of the
NEPA or SEPA final approval letter.) *
❑ Yes
❑ No
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
(15A NCAC 2H. 1400) DWR Surface Water or Wetland Standards or
Riparian Buffer Rules (15A NCAC 2B .0200)? *
❑ Yes
❑x No
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
downstream water quality? *
E Yes ❑x No
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 of surrounding/local properties is 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 18 of 21 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 at a treatment plant operated by the City of Gastonia.
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected
species or habitat? (IPAC weblink: https://www.fws.gov/ipac/ [fws.govl) *
►z� Yes ❑ No
5b. Have you checked with the USFWS concerning Endangered Species
Act impacts? *
Yes ❑ No
5c. If yes, indicate the USFWS Field Office you have contacted.
Asheville
5d. Is another federal agency involved? *
❑ Yes ❑x No ❑ Unknown
If yes, which federal agency?
Click to enter.
5e. Is this a DOT project located within Divisions 1-8? *
❑ Yes Z 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
can be found in the NLEB SLOPES, Appendix F, pages 3-7.
❑ Yes ❑ No
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.mil/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,
mechanized pile drivers, etc.? *
❑ Yes ❑x No
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 Botanical Survey performed May 27,2022 for Heartleaf with no individuals identified.
Botanical survey for Schweinitzs will be performed within appropriate flowering window. Conclusions of botanical
surveys are attached.
Attach consultation documentation.
Page 19 of 21
PCN Form - Version 4.2, January31, 2022

6.
Essential Fish Habitat (Corps Requirement)
6a.
Will this project occur in or near an area designated as
an Essential Fish Habitat? *
❑ Yes
Z No
Is there submerged aquatic vegetation (SAV) around
the project vicinity? *
❑ Yes
0 No ❑ Unknown
Will this project affect submerged aquatic vegetation? *
❑ Yes
Z 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
properties significant in North Carolina history and archaeology)? *
❑ Yes 0 No
7b.
What data source(s) did you use to determine whether your site would impact historic or archeological
resources? *
NC HPO Web Survey Mapping. Two sites (GS1350 and GS1351, both houses) are deemed ineligible by the
NCSHPO). We are awaiting Concurrance from NCSHPO which will be forwarded 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? *
N No
• Yes
8b. If yes, explain how the project meets FEMA requirements.
All project disturbance is outside the mapped flood hazard area.
8c. What source(s) did you use to make the floodplain determination?
FEMA Flood Map Service Center Mapping and development plans
H. Miscellaneous
Comments:
Click to enter.
Attach pertinent documentation or attachments not previously requested
Page 20 of 21
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: * 10/11/2022
Page 21 of 21 PCN Form - Version 4.2, January31, 2022

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Requestor:
Address:
Telephone Number:
E-mail:
Size (acres)
Nearest Waterway
USGS HUC
Nearest Town Gastonia
RiverBasin Catawba
Coordinates Latitude:35.269535
Longitude: -81.243158
Location description: Project is located off of Shannon Bradley Road, near Gastonia, Gaston County, North Carolina. PIN(s):
152896, 152919, 152895, 152894,152920, 137665,1376681, 137667, 152926,152921,202253,137573, 137571, 137569, 137572,
137567
Indicate Which of the Following Apply:
A. Preliminary Determination
►1
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2022-00180 County: Gaston U.S.G.S. Quad: NC -Gastonia North
NOTIFICATION OF JURISDICTIONAL DETERMINATION
CHI acquisitions LLC
Matt Cochrane
4064 Colony Road Suite 405
Charlotte, NC 28211
705-258-9147
mattcochrane achiindustrial.com
84
Oates Creek
03050101
There appear to be waters onthe above described project area/property, that may be subject to Section 404 ofthe Clean Water
Act (CWA)(33 USC § 1344) and/or Section 10 ofthe Rivers and Harbors Act (RHA) (33 USC § 403). The waters have been
delineated, and the delineation has been verified by the Corps to be sufficiently accurate andreliable. The approximate boundaries
of these waters are shown on the enclosed delineation map dated 11/24/2021. Therefore this preliminary jurisdiction
determination maybe used in 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 a preliminary JD will treat a llwaters and wetlands that would be a ffected in anywayby the permitted activity on
the site as if they are jurisdictionalwaters of the U.S. This preliminary determination is not an appealable action under the
Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD,
which is an appealable action, by contacting the Corps district for further instruction.
El There appear to be waters onthe above described project area/property, thatmay be subject to Section 404 ofthe Clean Water
Act (CWA)(33 USC § 1344) and/or Section 10 ofthe Rivers and Harbors Act (RHA) (33 USC § 403). However, since the waters
have not been properly delineated, this preliminaryjurisdiction determination may not be used in the permit evaluation process.
Without a verified wetland delineation, this preliminary determination is merely an effective presumption of CWA/RHA
jurisdiction over all of the waters at the project area, which is not sufficiently accurate andreliable to support an enforceable
permit decision. We recommendthatyouhave 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 consultant to 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 and Harbors Act (RHA) (33 USC § 403) and Section 404 ofthe Clean Water Act
(CWA)(33 USC § 1344). Unless there is a change in law or ourpublished regulations, this determination may be relied upon for
a period not to exceed five years from the date of this notification.
❑ There are waterson the above describedproject area/property subject to thepermit requirements of Section 404 ofthe Clean
Water Act (CWA) (33 USC § 1344). Unless there isa change in the law or our published regulations, this determination may be
relied upon for a periodnotto exceed five years from the 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 the Corps. The
approximate boundaries of these waters are shown on the enclosed delineationmap dated DATE. We strongly suggest you have

SAW-2022-00180
this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey
will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in
the law or our published regulations, maybe relied upon for a periodnotto 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 published regulations, this determination may be relied
upon for a period not to exceed five years from the date of this notification.
❑ There are no waters of the U.S., to include wetlands, present on the above describedproject area/property which are subjectto 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 periodnotto exceed five years from the date ofthis notification.
❑ The property is located in one ofthe 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA).
You should contactthe Division of Coastal Management in Morehead City, NC, at [phone] to determine their
requirements.
Placement of dredged or fill material within waters of the US, including wetlands, without a Department ofthe Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or
placement of structures, or work within navigable waters ofthe United States without a Department of the Army p ermit may
constitute a violation 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 Krystynka B Stygar at 252-545-0507 or
krystynka.b.stygar@a usace.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 United States as defined
in 33 CFR 328, Regulatory Guidance Letter 05-05, the 1987 Wetland Delineation Manual, and/or the
Regional Supplement to the 1987 Manual: Eastern Piedmont and Mountains v2.0: See the
preliminary jurisdictional determination form dated 01/21/2022.
D. Remarks: See approximate jurisdictional features on map, "Shannon Bradley Road -11/24/2021"
E. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site
identified in this request. The delineation/determination maynotbe valid for the wetland conservation provisions of the Food Security
Act of 1985. If you or your tenant are USDA Program participants, or antic ipate p articipation in USDA programs, you should request
a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work.
F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B.
above)
If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part331. Enclosed
you will find a Notification ofApp eal Process (NAP) fact sheet and Request for Appeal (RFA) form. Ifyourequest to appeal this
determination you must submit a completedRFAformto the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Mr. Philip A. Shannin
Administrative Appeal Review Officer
60 Forsyth Street SW, F1oorM9
Atlanta, Georgia 30303-8803
AND
PH I LI P . A. SHANNIN@U S ACE . 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, and that it has been received by the Division Office within 60 days ofthe date ofthe NAP. Should you
decide to submit an RFA foram, it must be received at the above address by Not applicable.
**It is not necessary to submit anRFA form to the Division Office if you do not object to the determination in this correspondence.**
Corps Regulatory Official:
Date ofJD: 01/21/2022 Expiration Date ofJD: Not applicable

SAW-2022-00180
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/f?p=13 6:4:0
Copy furnished:
Agent: ECS Limited
Jonathan Grubb
Address: 7614 Netherlands Drive
Wilmington, NC 28405
Telephone Number: 919-414-0214
E-mail: [e-mail]

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: CHI acquisitions LLC, Matt Cochrane File Number: SAW-2022-00180 Date: 01/21/2022
Attached is:
See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter ofpermission)
A
PROFFERED PERMIT (Standard Permit or Letter of permission)
B
PERMIT DENIAL
C
APPROVED JURISDICTIONAL DETERMINATION
D
PRELIMINARY JURISDICTIONAL DETERMINATION
E
x
SECTION
Additional
or the
I - The following identifies yourrights and options regarding an administrative appeal
information may be found at orhttp://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits.aspx
of the above decision.
Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appealthe permit, including its terms and conditions, and approved jurisdictionaldeterminations associated with the
permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request
that the permit be modified accordingly. You must complete Section II of this form and return the form to the district
engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will
forfeit 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 all of your concerns, (b) modify the permit to address some of your
objections, or (c) not modify the permit having determined that the permit should be issued a s previously written. After
evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in
Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to 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 under the Corps of Engineers Administrative AppealProcess by completing Section II of
this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days
of the date of this notice.
C: PERMIT DENIAL: You may appealthe denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new
information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the
date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appealthe approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the 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 contactingthe Corps district for further instruction. Also you may provide new information for further consideration by the
Corps to reevaluate the JD.
SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your rea sons for appealing the decision or your objections to an initial
proffered permit in clear concise statements. You may attach additional information to this form to clarify where your rea sons or
objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the
record of the appeal conference ormeeting, and any supplemental information that the review officer has determined is needed to
clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record.
However, you may provide additional information to clarify the location of information that is already in the administrative
record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision and/or the
appealprocess you may contact:
District Engineer, Wilmington Regulatory Division
Attn: Krystynka B Stygar
Charlotte Regulatory Office
U.S Army Corps of Engineers
8430 University Executive Park Drive, Suite 615
Charlotte, North Carolina 28262
If you only have questions regarding the appealprocess you may
also contact:
MR. PHILIP A. SHANNIN
ADMINISTRATIVE APPEAL REVIEW OFFICER
CESAD-PDS-O
60 FORSYTH STREET SOUTHWEST, FLOOR M9
ATLANTA, GEORGIA30303-8803
PHONE: [phone]; FAX [phone]
EMAIL: [e-mail]
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 investigations.
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, 8430 University Executive Park Drive, Suite
615, Charlotte, North Carolina 28262
For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Philip Shannin, Administrative
Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 3 0303 -8801
Phone: [phone]

PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATI ON
A. REPORT COMPLETION DATE FOR PJD: 01/21/2022
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, Carpenter Property Site,
SAW-2022-00180
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: Project is located off of Shannon
Bradley Road, near Gastonia, Gaston County, North Carolina. PIN(s): 152896, 152919, 152895, 152894,
152920, 137665, 1376681, 137667, 152926, 152921,202253, 137573, 137571, 137569, 137572, 137567
(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:35.269535 Longitude: -81.243158
Universal Transverse Mercator:
Name of nearest waterbody: Oates Creek
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
© Office (Desk) Determination. Date: January 21, 2022
❑ Field Determination. Date(s):
TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH "MAY BE" SUBJECT TO
REGULATORY JURISDICTION
Site Number
Latitude
(decimal
degrees)
Longitude
(decimal
degrees)
Estimated
amount of
aquatic
resources in
review area
(acreage and
linear feet, if
applicable
Type of aquatic
resources (i.e., wetland
vs. non -wetland
waters)
Geographic
authority to
which the aquatic
resou rce "may
be" subject (i.e.,
Section 404or
Section 10/404)
T1
35.268727
-81.241044
50 LF
Non -wetland waters
Section 404
T2
35.268056
-81.243046
2026 LF
Non -wetland waters
Section 404
T3
35.268523
-81.246910
889 LF
Non -wetland waters
Section 404
T4
35.268510
-81.247609
247 LF
Non -wetland waters
Section 404
T5
35.270571
-81.240706
102 LF
Non -wetland waters
Section 404
W1
35.271621
-81.240476
2.07 ACRES
Wetland
Section 404
W2
35.268417
-81.246721
4.80 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 affected by 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:
® Maps, plans, plots or plat submitted by or on behalf of the PJD requestor:
Map: ECS Figures 1-6
® Data sheets prepared/submitted by or on behalf of the PJD requestor. Data sheets:
© 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:
❑ 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: Figure 2
© Natural Resources Conservation Service Soil Survey. Citation: Figure 3
® Nationalwetlands inventory map(s). Cite name: Figure 4
❑ State/local wetland inventory map(s):
® FEMA/FIRM maps: FEMA/ NFHL Mapper
❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929)
® Photographs: ® Aerial (Name & Date): Figure 6
or ® Other (Name & Date): ECS Photolog
❑ Previous determination(s). File no. and date of response letter:
❑ Other information (please specify):
IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps
and should not be relied upon for later jurisdictional determinations.
Signature and date of Regulatory
staff membercompletingPJD
01/21/2022
Signature and date of person requesting PJD
(REQUIRED, unless obtainingthe signature is
impracticable)'
1 Districts may establish timeframes for requester to retum 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.

Legend
Carpenter Property Boundary
Potential Tributary
Potential Wetland
• Culvert
Potential Wetland 2
=4.80 Acres
fr
A
Potential Tributary 2
=2,026 Linear Feet
r ,oe
Potential Tributary 3
=889 Linear Feet
Potential Tributary 4
=247 Linear Feet
f
Potential Wetland 1
=2.07 Acres
Potential Tributary 5
=102 Linear Feet
•
Potential Tributary 1
=50 Linear Feet
0 200 400 800
Feet
Client:
CROW HOLDINGS
Project:
SHANNON BRADLEY ROAD
GASTONIA
GASTON COUNTY
NORTH CAROLINA
Title:
POTENTIAL
WATERS
OF THE U.S
NOTES:
1. JURISDICTIONAL WATERS OF
THE US WERE DELINEATED BY
ECS ON NOVEMBER 15&16 ,
2021.
2. FEATURES DEPICTED ON
THIS MAP HAVE NOT BEEN
VERIFIED BY THE USACE AND
NCDWR AND ARE SUBJECT TO
CHANGE.
3. THIS MAP SHOULD BE USED
FOR PRELIMINARY PLANNING
Drawn By:
JDM
Approved By:
WBF
Checked By:
JDG
Date:
11/24/2021
ECS Pro ect No.
49: 15539
FIGURE 6

Adjacent Property Owners Adjoining Waterbody
Parcel # PIN # Owner Owner Address
152922 3535091505 Win Five Investments, LLC 1005 Ladera Drive, Waxhaw, NC 28173
152897 3526806145 Wede Properties, LLC 18426 Peninsula Cove Lane, Cornelius, NC 28031

Deed Book Deed Page Plat Book Plat Page
5107 1522 051 025
3595 0852 N/A N/A

Legend
Project Study Area
Bessemer City
044
1S1q11a Mint+$
-
fowdera
hlounfam
i l:- Park
,anow, Blvd
t
Lam: Wf .�.. ..�
pa.wn,g le de40
tt CfP t,. yellq �wY
yy frafklin slvd
•a tM1` Garr,pon.0_
a 4,0,
0
r
u ab
`a 3.
1.05 c
5"
c•
W Hudson Blvd
-
South
x Gastonia >-
4t
a
221
0
Dal I as
•
•
x
�f it Lon, A,.
I`11 Gastonia
E Garrison gf.,;f
F rodcon Blvd
Client:
CROW HOLDINGS
Project:
SHANNON BRADLEY ROAD
GASTON IA
GASTON COUNTY
NORTH CAROLINA
Title:
SITE
LOCATION
MAP
GASTON COUNTY
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Drawn By:
JDG
Scale:
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Approved By:
JDG
Date:
11/15/2021
ECS Pro'ect No.
49: 15539
FIGURE 1

Legend
•
•
• f*
Project Study Area
• ' •
•
-1n'1
ti Th4tet
•
•
1
,t
•
•
c rV
500 1,000 2,000
•
i 1 / Feet
4
Client:
CROW HOLDINGS
Project:
SHANNON BRADLEY ROAD
GASTONIA
GASTON COUNTY
NORTH CAROLINA
Title:
USGS
TOGORAPHIC MAP
DATED:1994
GASTON COUNTY,
NC
Project Study Area
+t#�
Drawn By: Checked By:
JDM JDG
Approved By: Date:
WBF 11/15/2021
ECS Pro ect No.
49: 15539
FIGURE 2

Legend
Project Study Area
Soil Map
r
G�-
SOIL MAP UNIT
CeD2: Cecil Sandy Clay Loam
CeB2: Cecil Sandy Clay Loam
WoA: Worsham Loam
MaD2:Madison Sandy Clay Loam
MaB2:Madison Sandy Clay Loam
ChA:Chewacla Loam
TaD:Tatum Gravelly Loam
PaF:Pecolet Sandy Loam
i,!•A
0 1,000 2,000 4,000
Feet
Client:
CROW HOLDINGS
Project:
SHANNON BRADLEY ROAD
GASTON IA
GASTON COUNTY
NORTH CAROLINA
Title:
USDA-N RCS
SOIL SURVEY MAP
DATED: 09/06/2019
GASTON COUNTY
Project Study Area
Drawn By: Checked By:
JDM JDG
Approved By:
WBF
Date:
11/15/2021
ECS Pro'ect No.
49: 15539
FIGURE 3

Legend
Project 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
bhAf. Future Conditions 1 % Annual Chance Flood Hazard
Area with Reduced Risk Due to Levee
i= Area with Risk Due to Levee
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Client:
CROW HOLDINGS
Project:
SHANNON BRADLEY ROAD
GASTON IA
GASTON COUNTY
NORTH CAROLINA
Title:
FEMA— NFHL
FLOOD ZONES MAP
DATED: 10/19/2018
3710353500J
GASTON COUNTY
Project Study Area
Drawn By:
JDM
Checked By:
JDG
Approved By:
WBF
Date:
11/15/2021
ECS Pro ect No.
49: 15539
FIGURE 4

Legend
Project Study Area
Wetland Map
Freshwater Emergent Wetland
Freshwater Forested/Shrub Wetland
Freshwater Pond
Lake
Riverine
•
1
ti
•
HUC 03050101
•
•
k•
0 500 1,000 2,000
Feet
Client:
CROW HOLDINGS
Project:
SHANNON BRADLEY ROAR
GASTON IA
GASTON COUNTY
NORTH CAROLINA
Title:
USFWS
NATIONAL
WETLANDS
INVENTORY MAP
Project Study Area
Drawn By:
JDM
Approved By:
WBF
Checked By:
JDG
Date:
11/15/2021
ECS Pro'ect No.
49: 15539
FIGURE 4

Legend
Carpenter Property Boundary
Potential Tributary
Potential Wetland
• Culvert
Potential Wetland 2
=4.80 Acres
fr
A
Potential Tributary 2
=2,026 Linear Feet
r ,oe
Potential Tributary 3
=889 Linear Feet
Potential Tributary 4
=247 Linear Feet
f
Potential Wetland 1
=2.07 Acres
Potential Tributary 5
=102 Linear Feet
•
Potential Tributary 1
=50 Linear Feet
0 200 400 800
Feet
Client:
CROW HOLDINGS
Project:
SHANNON BRADLEY ROAD
GASTONIA
GASTON COUNTY
NORTH CAROLINA
Title:
POTENTIAL
WATERS
OF THE U.S
NOTES:
1. JURISDICTIONAL WATERS OF
THE US WERE DELINEATED BY
ECS ON NOVEMBER 15&16 ,
2021.
2. FEATURES DEPICTED ON
THIS MAP HAVE NOT BEEN
VERIFIED BY THE USACE AND
NCDWR AND ARE SUBJECT TO
CHANGE.
3. THIS MAP SHOULD BE USED
FOR PRELIMINARY PLANNING
Drawn By:
JDM
Approved By:
WBF
Checked By:
JDG
Date:
11/24/2021
ECS Pro ect No.
49: 15539
FIGURE 6

5/10/22, 3:04 PM IPaC: Explore Location resources
IPaC
U.S. Fish & Wildlife Service
IPaC resource list
This report is an automatically generated list of species and other resources such as critical
habitat (collectively referred to as trust resources) under the U.S. Fish and Wildlife Service's
(USFWS) jurisdiction that are known or expected to be on or near the project area referenced
below. The list may also include trust resources that occur outside of the project area, but
that could potentially be directly or indirectly affected by activities in the project area.
However, determining the likelihood and extent of effects a project may have on trust
resources typically requires gathering additional site -specific (e.g., vegetation/species
surveys) and project -specific (e.g., magnitude and timing of proposed activities) information.
Below is a summary of the project information you provided and contact information for the
USFWS office(s) with jurisdiction in the defined project area. Please read the introduction to
each section that follows (Endangered Species, Migratory Birds, USFWS Facilities, and NWI
Wetlands) for additional information applicable to the trust resources addressed in that
section.
Location
Gaston County, North Carolina
Local office
Asheville Ecological Services Field Office
t. [phone]
[phone]
https://ipac.ecosphere.fws.gov/location/W47B6ZRNIVFK3EAMFTUMVTJC6I/resources 1/10

5/10/22, 3:04 PM
160 Zillicoa Street
Asheville, NC 28801-1082
IPaC: Explore Location resources
http://www.fws.gov/nc-es/es/countyfr.html
�Go
https://ipac.ecosphere.fws.gov/location/W47B6ZRNIVFK3EAMFTUMVTJC6I/resources 2/10

5/10/22, 3:04 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. iEN4
Section 7 of the Endangered Species Act requires Federal agencies to "request of the
Secretary information whether any species which is listed or proposed to be listed may be
present in the area of such proposed action" for any project that is conducted, permitted,
funded, or licensed by any Federal agency. A letter from the local office and a species list
which fulfills this requirement can only be obtained by requesting an official species list from
either the Regulatory Review section in IPaC (see directions below) or from the local field
office directly.
For project evaluations that require USFWS concurrence/review, please return to the IPaC
website and request an official species list by doing the following:
1. Draw the project location and click CONTINUE.
2. Click DEFINE PROJECT.
3. Log in (if directed to do so).
4. Provide a name and description for your project.
5. Click REQUEST SPECIES LIST.
Listed species' and their critical habitats are managed by the Ecological Services Program of
the U.S. Fish and Wildlife Service (USFWS) and the fisheries division of the National Oceanic
and Atmospheric Administration (NOAA Fisheries).
Species and critical habitats under the sole responsibility of NOAA Fisheries are not shown
on this list. Please contact NOAA Fisheries for species under their jurisdiction.
1. Species listed under the Endangered Species Act are threatened or endangered; IPaC also
shows species that are candidates, or proposed, for listing. See the listing status page for
more information. IPaC only shows species that are regulated by USFWS (see FAQ).
https://ipac.ecosphere.fws.gov/location/W47B6ZRNIVFK3EAMFTUMVTJC6I/resources 3/10

5/10/22, 3:04 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 STATUS
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
Bog Turtle Glyptemys muhlenbergii
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp/species/6962
Insects
NAME
_emit CAI
Monarch Butterfly Danaus plexippus
Wherever found
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp/species/9743
Flowering Plants
Threatened
lik1114\
°c\CI
STATUS )1414.
SAT �
STATUS
Candidate
NAME STATUS
Dwarf -flowered Heartleaf Hexastylis naniflora
Wherever found
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp/species/2458
Critical habitats
Threatened
Potential effects to critical habitat(s) in this location must be analyzed along with the
endangered species themselves.
https://ipac.ecosphere.fws.gov/location/W47B6ZRNIVFK3EAMFTUMVTJC6I/resources 4/10

5/10/22, 3:04 PM IPaC: Explore Location resources
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
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.gov/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
THERE ARE NO MIGRATORY BIRDS OF CONSERVATION CONCERN EXPECTED TO OCCUR AT THIS
LOCATION.
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/W47B6ZRNIVFK3EAMFTUMVTJC6I/resources 5/10

5/10/22, 3:04 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 .
Probability of presence data is continuously being updated as new and better information becomes
available. To learn more about how the probability of presence graphs are produced and how to interpret
them, go the Probability of Presence Summary and then click on the "Tell me about these graphs" link.
How do I know if a bird is breeding, wintering, migrating or present year-round in my project area?
To see what part of a particular bird's range your project area falls within (i.e. breeding, wintering,
migrating or year-round), you may refer to the following resources: The Cornell Lab of Ornithology All
About Birds Bird Guide, or (if you are unsuccessful in locating the bird of interest there), the Cornell Lab of
Ornithology Neotropical Birds guide. If a bird on your migratory bird species list has a breeding season
associated with it, if that bird does occur in your project area, there may be nests present at some point
within the timeframe specified. If "Breeds elsewhere" is indicated, then the bird likely does not breed in
your project area.
What are the levels of concern for migratory birds?
Migratory birds delivered through IPaC fall into the following distinct categories of concern:
1. "BCC Rangewide" birds are Birds of Conservation Concern (BCC) that are of concern throughout their
range anywhere within the USA (including Hawaii, the Pacific Islands, Puerto Rico, and the Virgin
Islands);
2. "BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation Regions (BCRs) in
the continental USA; and
3. "Non -BCC - Vulnerable" birds are not BCC species in your project area, but appear on your list either
because of the Eagle Act requirements (for eagles) or (for non -eagles) potential susceptibilities in
offshore areas from certain types of development or activities (e.g. offshore energy development or
longline fishing).
Although it is important to try to avoid and minimize impacts to all birds, efforts should be made, in
particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC species of
rangewide concern. For more information on conservation measures you can implement to help avoid and
minimize migratory bird impacts and requirements for eagles, please see the FAQs for these topics.
https://ipac.ecosphere.fws.gov/location/W47B6ZRNIVFK3EAMFTUMVTJC6I/resources 6/10

5/10/22, 3:04 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
� P1
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/W47B6ZRNIVFK3EAMFTUMVTJC6I/resources 7/10

5/10/22, 3:04 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
[e-mail].
Facilities
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/W47B6ZRNIVFK3EAMFTUMVTJC6I/resources 8/10

5/10/22, 3:04 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
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
8
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/W47B6ZRNIVFK3EAMFTUMVTJC6I/resources 9/10

5/10/22, 3:04 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.
�Go
https://ipac.ecosphere.fws.gov/location/W47B6ZRNIVFK3EAMFTUMVTJC6I/resources 10/10

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Legend
Project Study Area
Flood Hazard Zones
Zone Type
1 % Annual Chance Flood Hazard
Regulatory Floodway
Special Floodway
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0.2% Annual Chance Flood Hazard
bhAf. Future Conditions 1 % Annual Chance Flood Hazard
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Client:
CROW HOLDINGS
Project:
SHANNON BRADLEY ROAD
GASTON IA
GASTON COUNTY
NORTH CAROLINA
Title:
FEMA— NFHL
FLOOD ZONES MAP
DATED: 10/19/2018
3710353500J
GASTON COUNTY
Project Study Area
Drawn By:
JDM
Checked By:
JDG
Approved By:
WBF
Date:
11/15/2021
ECS Pro ect No.
49: 15539
FIGURE 4

United States Department of the Interior
FISH AND WILDLIFE SERVICE
Asheville Field Office
160 Zillicoa Street Suite B
Asheville, North Carolina 28801
October 12, 2022
Ms. Kara Webb
ECS Southeast, LLP
1812 Center Park Drive, Suite D
Charlotte, North Carolina 28217
Subject: Carpenter Commercial Development in Gastonia, Gaston County, North Carolina.
Dear Ms. Webb:
On May 31, 2022, we received (via email) your information requesting our review of the subject project.
We received updated project information on October 7, 2022. We have reviewed the information that you
presented for this request and the following comments are provided in accordance with the provisions of
the National Environmental Policy Act (42 U.S.C.§ 4321 et seq.) and section 7 of the Endangered Species
Act of 1973, as amended (16 U.S.C. 1531 - 1543) (Act).
Project Description
According to the information provided, an undisclosed project proponent proposes to construct a
commercial development and associated infrastructure on approximate 84 acres off Shannon Bradley
Road in Gastonia, Gaston County, North Carolina.
By email dated October 7, 2022, the following additional project information was provided:
• Result of the on -site Schweinitz's sunflower (Helianthus schweinitzii) survey.
Federally Listed Species
An assessment of suitable habitat and potential impacts to four species was conducted by environmental
specialists with ECS Southeast on May 25 and September 15, 2022. The findings were compiled and
included in the review requests submitted to our office on May 31 and October 7, 2022. The following
species and their associated habitats were evaluated.
Species
Statusl
Bog turtle
Glyptemys muhlenbergii
T(S/A), ARS
Dwarf -flowered heartleaf
Hexastylis naniflora
T
Northern long-eared bat
Myotis septentrionalis
T, PE
Schweinitz's sunflower
Helianthus schweinitzii
E
lE = endangered, PE = proposed endangered, T= threatened, T(S/A) =
threatened due to similarity of appearance, and ARS = at -risk species.
Bog turtle is federally listed as threatened (due to similarity of appearance) and was petitioned for listing,
resulting in an at -risk species (ARS) designation, on January 13, 2022. Bog turtle is not currently subject
to section 7 consultation; therefore, an effects determination is not necessary. However, it is a species of

concern for our office, and we appreciate the project proponent's consideration of bog turtle when
evaluating the action area for impacts to federally listed species and their habitats. If bog turtle or suitable
habitat is identified on future projects within the proposed action area or proposed activities will impact
hydrology of suitable habitat (i.e., changing drainage patterns to/from wetlands), we recommend
coordinating the project with the U.S. Fish and Wildlife Service (Service) and the NC Wildlife Resources
Commission.
The review request states that suitable habitat for dwarf -flowered heartleaf is present on site; however, the
species was not observed during surveys. Based on negative results of visual surveys conducted on May
25, 2022, we would concur with a "may affect, not likely to adversely affect" (NLAA) determination
from the lead federal action agency for this species.
On September 21, 2022, the Service updated the consultation range for northern long-eared bat based on
the best available scientific data. The action area for this project is no longer within the consultation range
for the species. Therefore, we believe the project will have "no effect" on the northern long-eared bat.
The review request states that suitable habitat for Schweinitz's sunflower is present on site; however, the
species was not observed during surveys. Based on negative results of visual surveys conducted on
September 15, 2022, we would concur with a NLAA determination from the lead federal action agency
for this species.
Suitable habitat for tricolored bat (Perimyotis subflavus) may be present at the site. On September 14,
2022, the Service published a proposal in the Federal Register to list the tricolored bat as endangered
under the Act. The Service has up to 12 months from the date the proposal published to make a final
determination, either to list the tricolored bat under the Act or to withdraw the proposal. The Service
determined the bat faces extinction primarily due to the range -wide impacts of WNS. Because tricolored
bat populations have been greatly reduced due to WNS, surviving bat populations are now more
vulnerable to other stressors such as human disturbance and habitat loss. Species proposed for listing are
not afforded protection under the Act; however, as soon as a listing becomes effective (typically 30 days
after publication of the final rule in the Federal Register), the prohibitions against jeopardizing its
continued existence and "take" will apply. Therefore, if you suspect your future or existing project may
affect tricolored bats after the potential new listing goes into effect, we recommend analyzing possible
effects of the project on tricolored bats and their habitat to determine whether consultation under section 7
of the Act is necessary. Conferencing procedures can be followed prior to listing to ensure the project
does not jeopardize the existence of a species. Projects with an existing section 7 biological opinion may
require re -initiation of consultation to provide uninterrupted authorization for covered activities. Please
contact our office for additional guidance or assistance.
We believe the requirements under section 7 of the Act are fulfilled for the federally listed species
discussed above. However, obligations under section 7 of the Act must be reconsidered if: (1) new
information reveals impacts of the identified action may affect listed species or critical habitat in a
manner not previously considered, (2) the identified action is subsequently modified in a manner that was
not considered in this review, or (3) a new species is listed or critical habitat is determined that may be
affected by the identified action.
Fish and Wildlife Resource Recommendations
We offer the following general recommendations for the benefit of fish and wildlife resources:
• Equipment Use in Riparian Areas and In -Stream. Equipment should be operated from the
streambank. If in -stream work is necessary, stone causeways, work bridges, or mats (designed for
the specific location and type of equipment) should be used. Work pads on streambanks or
2

approaches to in -stream work areas should minimize disturbance to woody vegetation. Equipment
operated in riparian areas and in/near aquatic resources should be inspected daily and maintained
regularly to prevent contamination of surface waters from leaking fuels, lubricants, hydraulic
fluids, or other toxic materials. Construction staging, toxic material storage, and equipment
maintenance, including refueling, should occur outside of the riparian area. The project proponent
should report any toxic material spills in riparian areas and/or aquatic resources to the Service
within 24 hours.
• Erosion and Sedimentation Control. Construction activities near aquatic resources, streams,
and wetlands have the potential to cause bank destabilization, water pollution, and water quality
degradation if measures to control site runoff are not properly installed and maintained. In order
to effectively reduce erosion and sedimentation impacts, best management practices specific to
the extent and type of construction should be designed and installed prior to land -disturbing
activities and should be maintained throughout construction. Natural fiber matting (coir) should
be used for erosion control as synthetic netting can trap animals and persists in the environment
beyond its intended purpose. Land disturbance should be limited to what can be stabilized
quickly, preferably by the end of the workday. Once construction is complete, disturbed areas
should be revegetated with native riparian grass and tree species as soon as possible. For
maximum benefits to water quality and bank stabilization, riparian areas should be forested;
however, if the areas are maintained in grass, they should not be mowed. The Service can provide
information on potential sources of plant material upon request.
A complete design manual that is consistent with the requirements of the North Carolina
Sedimentation and Pollution Control Act and Administrative Rules, can be found at the following
website: https://deq.nc.gov/about/divisions/energy-mineral-land-resources.
• Impervious Surfaces/Stormwater/Low Impact Development (LID). Increased development
contributes to the increased quantity and decreased quality of stormwater entering project area
waterways. Additionally, increased development outside the floodplain increases stormwater
flows already caused by the lack of or loss of riparian buffers and floodplain development. Recent
studies' have shown that areas of 10 percent to 20 percent impervious surface (such as roofs,
roads, and parking lots) double the amount of stormwater runoff compared to natural cover and
decrease deep infiltration (groundwater recharge) by 16 percent. At 35 — 50 percent impervious
surface, runoff triples, and deep infiltration is decreased by 40 percent. Above 75 percent
impervious surface, runoff is 5.5 times higher than natural cover, and deep infiltration is
decreased by 80 percent. Additionally, the adequate treatment of stormwater at project sites is
essential for the protection of water quality and aquatic habitat. Impervious surfaces also collect
pathogens, metals, sediment, and chemical pollutants and quickly transmit them (via stormwater
runoff) to receiving waters. According to the Environmental Protection Agency, this
nonpoint-source pollution is one of the major threats to water quality in the United States, posing
one of the greatest threats to aquatic life, and is also linked to chronic and acute illnesses in
human populations from exposure through drinking water and contact recreational.
Increased stormwater runoff also directly damages aquatic and riparian habitat, causing
streambank and stream channel scouring. Additionally, impervious surfaces reduce groundwater
recharge, resulting in even lower than expected stream flows during drought periods, which can
induce potentially catastrophic effects for fish, mussels, and other aquatic life. To avoid any
'Federal Interagency Stream Restoration Working Group (15 federal agencies of the United States Government).
Published October 1998, Revised August 2001. Stream Corridor Restoration: Principles, Processes, and Practices.
GPO Item No. 0120-A; SuDocs No. A 57.6/2:EN 3/PT.653. ISBN-0-934213-59-3.
3

additional impacts to habitat quality within the watershed, we recommend that all new
developments, regardless of the percentage of impervious surface area created, implement
stormwater retention and treatment measures designed to replicate and maintain the hydrograph at
the preconstruction condition.
We recommend the use of low impact development techniques,2 such as reduced road widths,
grassed swales in place of curb and gutter, rain gardens, and wetland retention areas, for retaining
and treating stormwater runoff rather than the more traditional measures, such as large retention
ponds, etc. These designs often cost less to install and significantly reduce environmental impacts
from development.
Where detention ponds are used, stormwater outlets should drain through a vegetated area prior to
reaching any natural stream or wetland area. Detention structures should be designed to allow for
the slow discharge of stormwater, attenuating the potential adverse effects of stormwater surges;
thermal spikes; and sediment, nutrient, and chemical discharges. Also, because the purpose of
stormwater control measures is to protect streams and wetlands, no stormwater control measures
or best management practices should be installed within any stream (perennial or intermittent) or
wetland.
We also recommend that consideration be given to the use of pervious materials (i.e., pervious
concrete, interlocking/open paving blocks, etc.) for the construction of roads, driveways,
sidewalks, etc. Pervious surfaces minimize changes to the hydrology of the watershed and can be
used to facilitate groundwater recharge. Pervious materials are also less likely to absorb and store
heat and allow the cooler soil below to cool the pavement. Additionally, pervious concrete
requires less maintenance and is less susceptible to freeze/thaw cracking due to large voids within
the concrete.
Use of any of the proposed stormwater collection devices described above will dramatically
decrease the quantity and increase the quality of stormwater runoff.
• Stream Buffers. Natural, forested riparian buffers are critical to the health of aquatic ecosystems.
They accomplish the following:
o Catch and filter runoff, thereby helping to prevent nonpoint-source pollutants from
reaching streams.
o Enhance the in -stream processing of both point- and nonpoint-source pollutants.
o Act as "sponges" by absorbing runoff (which reduces the severity of floods) and by
allowing runoff to infiltrate and recharge groundwater levels (which maintains stream
flows during dry periods).
o Catch and help prevent excess woody debris from entering the stream and creating
logjams.
o Stabilize stream banks and maintain natural channel morphology.
o Provide coarse woody debris for habitat structure and most of the dissolved organic
carbon and other nutrients necessary for the aquatic food web.
o Maintain air and water temperatures around the stream.
Forested riparian buffers (a minimum 50 feet wide along intermittent streams and 100 feet wide
along perennial streams [or the full extent of the 100-year floodplain, whichever is greater])
2We recommend visiting the Environmental Protection Agency's Web site (http://www.epa.gov/polluted-runoff-
nonpoint-source pollution/urban-runoff-low-impact-development) for additional information and fact sheets
regarding the implementation of low -impact -development techniques.
4

should be created and/or maintained adjacent to all aquatic areas. Within the watersheds
supporting federally listed aquatic species, we recommend undisturbed, forested buffers that are
naturally vegetated with trees, shrubs, and herbaceous vegetation. These buffers should extend a
minimum of 200 feet from the banks of all perennial streams and a minimum of 100 feet from
the banks of all intermittent streams (or the full extent of the 100-year floodplain, whichever is
greater.) Impervious surfaces, ditches, pipes, roads, utility lines (sewer, water, gas, transmission,
etc.), and other infrastructure that requires maintenance, cleared rights -of -way and/or compromise
the functions and values of the forested buffers should not occur within these riparian areas.
• Stream Crossings. Bridges or spanning structures should be used for all permanent roadway
crossings of streams and associated wetlands. Structures should span the channel and the
floodplain in order to minimize impacts to aquatic resources, allow for the movement of aquatic
and terrestrial organisms, and eliminate the need to place fill in streams, wetlands, and
floodplains.
Bridges should be designed and constructed so that no piers or bents are placed in the stream,
approaches and abutments do not constrict the stream channel, and the crossing is perpendicular
to the stream. Spanning some or all of the floodplain allows stream access to the floodplain,
dissipates energy during high flows, and provides terrestrial wildlife passage. When bank
stabilization is necessary, we recommend that the use of riprap be minimized and that a
riprap-free buffer zone be maintained under the bridge to allow for wildlife movement. If fill in
the floodplain is necessary, floodplain culverts should be added through the fill to allow the
stream access to the floodplain during high flows.
If bridges are not possible and culverts are the only option, we suggest using bottomless culverts.
Bottomless culverts preserve the natural stream substrate, create less disturbance during
construction, and provide a more natural post -construction channel. Culverts should be of
sufficient size to leave natural stream functions and habitats at the crossing site unimpeded.
Culvert installation and presence should not change water depth, volume (flow), or velocity levels
that permit aquatic organism passage; and accommodate the movement of debris and bed material
during bankfull events. Widening the stream channel must be avoided.
• Utility Line Crossings. In the interest of reducing impacts to natural resources, utility crossings
(i.e., sewer, gas, and water lines) should be kept to a minimum, and all utility infrastructure
(including manholes) should be kept out of riparian buffer areas. If a utility crossing is necessary,
we recommend that you first consider the use of directional boring. Directional boring under
streams significantly minimizes impacts to aquatic resources and riparian buffers.
If directional boring cannot be used and trenching is determined to be the only viable method,
every effort should be made to ensure that impacts to in -stream features are minimized and
stabilized upon completion of the project. Our past experiences with open -trench crossings
indicate that this technique increases the likelihood for future lateral movement of the stream
(which could undercut or erode around the utility line), and the correction of such problems could
result in costly future maintenance and devastating impacts to natural resources. Therefore, as
much work as possible should be accomplished in the dry, and the amount of disturbance should
not exceed what can be successfully stabilized by the end of the workday. In -stream work should
avoid the spring fish spawning season and should consider forecasted high flow events.
Regardless of the crossing method, all utility lines should cross streams perpendicularly. We
strongly encourage that a qualified biologist monitor the work area until the work is complete in
5

order to identify any additional impact -minimization measures. The Service may be available to
assist you in this effort.
To determine if any maintenance is required, the work site should be monitored at least every 3
months during the first 24 months and annually thereafter. Moreover, we recommend the
development of a riparian monitoring and maintenance program that would outline procedures for
the prompt stabilization of streambanks near the utility crossing (should any streambank erosion
or destabilization occur) throughout the life of this project.
The Service appreciates the opportunity to provide these comments. Please contact Ms. Rebekah Reid of
our staff at [e-mail], if you have any questions. In any future correspondence concerning
this project, please reference Log Number 4-2-22-380.
Sincerely,
- - original signed - -
Janet Mizzi
Field Supervisor
6

ROY COOPER
Governor
ELIZABETH S. BISER
Secretory
MARC RECKTENWALD
Director
Chris Urquhart
Crow Holdings
4064 Colony Road, Suite 405
Charlotte, NC 28211
NORTH CAROLINA
Environmental Quality
October 14, 2022
Expiration of Acceptance: April 13/2023
Project: Gaston Commerce County: Gaston
The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to
accept payment for compensatory mitigation for impacts associated with the above referenced project as
indicated in the table below. Please note that this decision does not assure that participation in the DMS in -
lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts.
It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will
be approved. You must also comply with all other state, federal or local government permits, regulations or
authorizations associated with the proposed activity including G.S. § 143-214.11.
This acceptance is valid for six months from the date of this letter and is not transferable. If we have not
received a copy of the issued 404 Permit/401 Certification within this time frame, this acceptance will
expire. It is the applicant's responsibility to send copies of the permits to DMS. Once DMS receives a copy
of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must
be made prior to conducting the authorized work. The amount of the in -lieu fee to be paid by an applicant is
calculated based upon the Fee Schedule and policies listed on the DMS website.
Based on the information supplied by you in your request to use the DMS, the impacts for which you are
requesting compensatory mitigation credit are summarized in the following table. The amount of mitigation
required and assigned to DMS for this impact is determined by permitting agencies and may exceed the
impact amounts shown below.
River Basin
Impact Location
(8-digit HUC)
Impact Type
Impact Quantity
Catawba
03050101
Riparian Wetland
0.272
Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The
mitigation will be performed in accordance with the In -Lieu Fee Program instrument dated July 28, 2010.
Thank you for your interest in the DMS in -lieu fee mitigation program. If you have any questions or need
additional information, please contact [e-mail].
cc: Jonathan Grubb, agent
fr:tE
.V.F2ILLZOPLLI
enl e} EmimmenGl Ove@y
Sincerely,
FOR James. B Stanfill
Deputy Director
North Carolina Department of Environmental Quality I Division of Mitigation Services
217 West Jones Street 11652 Mail Service Center I Raleigh. North Carolina 27699-1652
919.707.8976