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HomeMy WebLinkAbout20230034 Ver 1_401 Application_20230105Staff Review Form NORTH CAROLINA Envlronm¢ntcl Qvofiry Updated September 4, 2020 Staff Review Does this application have all the attachments needed to accept it into the review process?* Yes No ID# * 20230034 Version* 1 Is this project a public transportation project?* Reviewer List:* Select Reviewing Office: * Submittal Type:* Yes • No Andrew Pitner:eads\ahpitner Mooresville Regional Office - (704) 663-1699 401 Application Does this project require a request for payment to be sent?* Yes No How much is owed?* $240.00 $570.00 Project Submittal Form Please note: fields marked with a red asterisk * below are required. You will not be able to submit the form until all mandatory questions are answered. Project Type: * For the Record Only (Courtesy Copy) New Project Modification/New Project with Existing ID More Information Response Other Agency Comments Pre -Application Submittal Re-Issuance\Renewal Request Stream or Buffer Appeal Pre -Filing Meeting Date Request was submitted on: 8/29/2022 Project Contact Information Name: Chris Huysman Who is submitting the information? Email Address: chrishuysman@wetlands-waters.com Project Information Project Name: Houston Road Is this a public transportation project? Yes No Is the project located within a NC DCM Area of Environmental Concern (AEC)? Yes No Unknown County (ies) Iredell Please upload all files that need to be submited. Click the upload button or drag and drop files here to attach document 230105 combined application.pdf wetlands-waters.com Mail - Fwd_ 401 Pre -file Collett Houston Road.pdf Only pdf or kmz files are accepted. Describe the attachments or comments: Sign and Submit 17.34MB 139.18KB By checking the box and signing box below, I certify that: • I, the project proponent, hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief. • I, the project proponent, hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. • I agree that submission of this online form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); • I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); • I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND • I intend to electronically sign and submit the online form. Signature: HvY Submittal Date: 1/5/2023 Is filled in automatically. 1/5/23, 3:33 PM wetlands-waters.com Mail - Fwd: 401 Pre -file Collett / Houston Road WLANDS Perry lsner<perryisner@wetlands-waters.com> r4fTxTERS, INC. Fwd: 401 Pre -file Collett / Houston Road 1 message Chris Huysman <chrishuysman@wetlands-waters.com> Thu, Jan 5, 2023 at 3:31 PM To: Perry Isner <perryisner@wetlands-waters.com> ---------- Forwarded message --------- From: Chris Huysman <chrishuysman@wetlands-waters.com> Date: Mon, Aug 29, 2022 at 10:32 AM Subject: 401 Pre -file Collett / Houston Road To: <401 PreFile@ncdenr.gov>, Drew Lucas <drewlucas@wetlands-waters.com> This email serves as the required 30-day pre -filing notification to your agency of an impending 401 application for impacts to aquatic resources. Applicant: Collett Properties Project Name: Houston Road Site Lat/Long: 35.682068,-80.849762 County: Iredell County, NC Chris Huysman 336.406.0906 170 Dew Drop Road Sparta, NC 28675 chrishuysman@wetlands-waters.com chris.huysman@gmail.com wetlands-waters.com VI 1 WETLANDS J. 6 WATERS, INC. The information contained in this email message is confidential and may be legally privileged and is intended only for the use of the individual or entity named above. If you are not an intended recipient or if you have received this message in error, you are hereby notified that any dissemination, distribution or copy of this email is strictly prohibited. If you have received this email in error, please immediately notify us by return email or telephone if the sender's phone number is listed above, then promptly and permanently delete this message. Thank you for your cooperation and consideration. Chris Huysman 336.406.0906 170 Dew Drop Road Sparta, NC 28675 chrishuysman@wetlands-waters.com chris.huysman@gmail.com wetlands-waters.com https://mail.google.com/mail/u/0/?ik=c944bae4c9&view=pt&search=all&permthid=thread-f%3Al754215953313358653&simpl=msg-f%3Al 754215953... 1 /2 1/5/23, 3:33 PM wetlands-waters.com Mail - Fwd: 401 Pre -file Collett / Houston Road wT WETLANDSrs WATERS, INC. The information contained in this email message is confidential and may be legally privileged and is intended only for the use of the individual or entity named above. If you are not an intended recipient or if you have received this message in error, you are hereby notified that any dissemination, distribution or copy of this email is strictly prohibited. If you have received this email in error, please immediately notify us by return email or telephone if the sender's phone number is listed above, then promptly and permanently delete this message. Thank you for your cooperation and consideration. https://mai l.goog le.com/mai I/u/0/?i k=c944bae4c9&view=pt&search=all&permthid=th read-f%3Al 754215953313358653&sim pl=msg-f%3Al 754215953... 2/2 TWETLANDS Sc WATERSy INC. Department of the Army Wilmington District, Corps of Engineers PO Box 1890 Wilmington, North Carolina, 28402-1890 -and- NC Division of Water Resources, WBSCPE Unit 512 North Salisbury Street Raleigh, North Carolina, 27604 RE: Agent Authorization The undersigned do hereby authorize Wetlands & Waters, Inc. to act on my behalf and take all actions necessary for the processing of this jurisdictional verification, permit or certification request and any and all standard and special conditions attached. I/we reserve the right to accept or appeal all final, proffered actions, jurisdictional determinations, permits or certifications and any and all standard and special conditions attached. Applicant: CI 77 TROUTMAL LLC Contact Name: MICHAEL ROBBE Street Address / PO Box: 1111 Metropolitan Ave, #700 City, State, Zip Code: Charlotte, NC 28204 Phone / Fax Number: 704.206.8333 Project Name: Houston Road Site Property Street Address: Northeast quadrant of Interstate 77 and Houston Road, Troutman, NC (Street Address, City, State, and Zip, or County and Tax PIN) Applicant Signature: lw� Date: 1/57/2,3 Christopher Huysman Tamp Bandy 170 Dew Drop Road Wetlands & Waters Inc.T 4108 LB Propst Drive Sparta, NC 28675 Conover, NC 28613 336.406.0906 WETLAND AND ENVIRONMENTAL CONSULTANTS 828.302.3437 Chris.Huysman@gmaiI.com JTampBandy@gmail.com U.S. Army Corps of Engineers — Wilmington District - Regulatory Division ADDITIONAL PROPERTY OWNER INFORMATION AND RIGHT OF ENTRY First Name: MICHAEL Last Name: ROBBE Company Name: CI 77 TROUTMAN LLC Address: PO BOX 36779 City: CHARLOTTE State: NC Zip Code: 28236 Phone: 704.206.8333 Email: mrobbe@collettre.com Property PIN #(s) Iredell County NC - 4750084420.000 By signing below, I authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) to enter upon the property herein described for the purpose of conducting on -site investigations, if necessary, and issuing a jurisdictional determination pursuant to Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. I, the undersigned, am a duly authorized owner of record of the property identified herein. arjIgm!" VA FA Signature I Date Principal Purpose: The information that you provide will be used in evaluating your request to determine whether there are any aquatic resources within the project area subject to federal jurisdiction under the regulatory authorities referenced above. Routine Uses: This information may be shared with the Department of Justice and other federal, state, and local government agencies, and the public, and may be made available as part of a public notice as required by federal law. Your name and property location where federal jurisdiction is to be determined will be included in the approved jurisdictional determination (AJD). which will be made available to the public on the District's website and on the Headquarters USACE website. Disclosure: Submission of requested information is voluntary; however, if information is not provided, the request for a jurisdictional determination cannot be evaluated nor can a jurisdictional determination be issued. January 2020 w A rE�QG T. Office Use Only: Corps action ID no. DWQ project no. Form Version 1.4 January 2009 Pre -Construction Notification (PCN) Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: ❑x Section 404 Permit ❑ Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: 39 or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? ❑ Yes ❑x No 1d. Type(s) of approval sought from the DWQ (check all that apply): ❑x 401 Water Quality Certification — Regular ❑ Non-404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ❑ Yes ❑x No For the record only for Corps Permit: ❑Yes ❑x No 1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. ❑x Yes ❑ No 1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ❑ Yes ❑x No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ❑x No 2. Project Information 2a. Name of project: Cl 77 Troutman / Houston Road Site 2b. County: Iredell County 2c. Nearest municipality / town: Troutman 2d. Subdivision name: Houston Road Site 2e. NCDOT only, T.I.P. or state project no: n/a 3. Owner Information 3a. Name(s) on Recorded Deed: Cl 77 Troutman LLC 3b. Deed Book and Page No. 2965 / 866-869 and 2965 913-919 3c. Responsible Party (for LLC if applicable): Mike Robbe 3d. Street address: 1111 Metropolitan Ave, Ste 700 3e. City, state, zip: Charlotte, NC 28204 3f. Telephone no.: 704.206.8333 3g. Fax no.: 3h. Email address: mrobbe@collettre Page 1 of 10 PCN Form — Version 1.4 January 2009 4. Applicant Information (if different from owner) 4a. Applicant is: ❑ Agent ❑x Other, specify: Buyer 4b. Name: Mike Robbe 4c. Business name (if applicable): Cl Troutman LLC 4d. Street address: 1111 Metropolitan Ave, Ste 700 4e. City, state, zip: Charlotte, NC 28204 4f. Telephone no.: 704.206.8333 4g. Fax no.: 4h. Email address: mrobbe@collettre 5. Agent/Consultant Information (if applicable) 5a. Name: Chris Huysman 5b. Business name (if applicable): Wetlands & Waters, Inc. 5c. Street address: 328 East Broad Street, Suite D 5d. City, state, zip: Statesville, NC 28613 5e. Telephone no.: 336.406.0906 5f. Fax no.: n/a 5g. Email address: chrishuysman@wetlands-waters.com Page 2 of 10 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 4750084420, 4750180208, and 4750176981 1 b. Site coordinates (in decimal degrees): Latitude: 35.682068 Longitude:-80.849762 1c. Property size: +/-87 acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: Shinn's Creek 2b. Water Quality Classification of nearest receiving water: C 2c. River basin: Yadkin Pee Dee (03040102) 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: The site is active pasture land and grazed forests; it is bounded on the western side by Interstate 77. The site is surrounded by light industrial uses, agriculture and rural housing. 3b. List the total estimated acreage of all existing wetlands on the property: +/- 0.33 acres 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: +/- 1700 If 3d. Explain the purpose of the proposed project: Road crossing to access high ground for development. Development is light industrial located proximate to an interstate, 3e. Describe the overall project in detail, including the type of equipment to be used: The project consists of 3 buildings and the necessary road, parking, sewer, and stormwater facilities. Typical grading equipment will be used for the construction of the site including dozers, track hoes, and pans. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project (includingall prior phases)in the past? ❑ Yes 0 No ❑ Unknown Comments: 4b. If the Corps made the jurisdictional determination, what type of determination was made? ❑ Preliminary ❑ Final 4c. If yes, who delineated the jurisdictional areas? Name (If known): Perry Isner, Meagan Jolly, Drew Lucas Agency/Consultant Company: Wetlands and waters, Inc. Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. Site delineation conducted by Wetlands and Waters, Inc 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? ❑ Yes ❑ No ❑x Unknown 5b. If yes, explain in detail according to "help file" instructions. 6. Future Project Plans 6a. Is this a phased project? ❑ Yes ❑x No 6b. If yes, explain. Page 3 of 10 PCN Form — Version 1.4 January 2009 C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): ❑x Wetlands ❑x Streams — tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. Wetland impact number Permanent (P) or Temporary T 2b. Type of impact 2c. Type of wetland 2d. Forested 2e. Type of jurisdiction Corps (404,10) or DWQ (401, other) 2f. Area of impact (acres) W1 P Fill Headwater Wetland Yes Corps 0.129 W2 Choose one Choose one Yes/No W3 Choose one Choose one Yes/No W4 Choose one Choose one Yes/No W5 Choose one Choose one Yes/No W6 Choose one Choose one Yes/No 2g. Total Wetland Impacts: 0.129 2h. Comments: Wetland is grazed area that is impacted by cattle. WAM score is low. 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. Stream impact number Permanent (P) or Temporary (T) 3b. Type of impact 3c. Stream name 3d. Perennial (PER) or intermittent (INT)? 3e. Type of jurisdiction 3f. Average stream width (feet) 3g. Impact length (linear feet) S1 P Culvert UT Shinn's PER Corps 5 165 S2 T Stabilization UT Shinn's PER Corps 5 31 S3 T Pump around UT Shinn PER Corps 5 40 S4 Choose one S5 Choose one S6 Choose one 3h. Total stream and tributary impacts 196 3i. Comments: Impact S1 bis for the culvert, S2 is for the energy dissipater sized according to drainage area, S3 is for the temporary pump around. Page 4 of 10 PCN Form — Version 1.4 January 2009 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then indivi ually list all open water impacts below. 4a. Open water impact number Permanent (P) or Temporary T 4b. Name of waterbody (if applicable) 4c. Type of impact 4d. Waterbody type 4e. Area of impact (acres) 01 Choose one Choose 02 Choose one Choose 03 Choose one Choose 04 Choose one Choose 4f. Total open water impacts 4g. Comments: 5. Pond or Lake Construction If pond or lake construction proposed, the complete the chart below. 5a. Pond ID number 5b. Proposed use or purpose of pond 5c. Wetland Impacts (acres) 5d. Stream Impacts (feet) 5e. Upland (acres) Flooded Filled Excavated Flooded Filled Excavated P1 Choose one P2 Choose one 5f. Total: 5g. Comments: 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. 6a. Project is in which protected basin? ❑ Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Randleman ❑ Other: 6b. Buffer Impact number — Permanent (P) or Temporary T 6c. Reason for impact 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact (square feet) 6g. Zone 2 impact (square feet B1 Yes/No B2 Yes/No B3 Yes/No B4 Yes/No B5 Yes/No B6 Yes/No 6h. Total Buffer Impacts: 6i. Comments: Page 5 of 10 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. Impacts have been minimized through the use of walls. The length of impacts would be further minimized but for Duke Power requirement that walls can not be constructed in their rights of way. The development plan minimizes impacts by situating stormwater BMP outlets as high as possible in the receiving water. The impacts are situated as close as practicable to Interstate 77 to have the least impact on remaining resources. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. The site plan depicts 50 foot buffers from all remaining streams to minimize the opportunity of sediment entering stream channels. The site will have an approved erosion control plan and stormwater management plan. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? ❑x Yes ❑ No 2b. If yes, mitigation is required by (check all that apply): ❑ DWQ ❑x Corps 2c. If yes, which mitigation option will be used for this project? ❑ Mitigation bank ❑x Payment to in -lieu fee program ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type: Choose one Type: Choose one Type: Choose one Quantity: Quantity: Quantity: 3c. Comments: Attached is NC WAM in support of 1:1 mitigation ratio. 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. ❑x Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: Choose one 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: 0.26 acres 4f. Non -riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Page 6 of 10 PCN Form — Version 1.4 January 2009 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? Yes No 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund). 6h. Comments: Page 7 of 10 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers identified ❑ Yes 0 No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. ❑ Yes ❑ No 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? +24 % 2b. Does this project require a Stormwater Management Plan? ❑x Yes ❑ No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: The site plan depicts the locations of 5 proposed SMP's. Each of the BMP drains as high as possible into the receiving waters. 2e. Who will be responsible for the review of the Stormwater Management Plan? 3. Certified Local Government Stormwater Review 3a. In which localgovernment's jurisdiction is thisproject? ❑ Phase II ❑ NSW 3b. Which of the following locally -implemented stormwater management programs ❑ USMP apply (check all that apply): ❑ Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ❑Yes ❑ No attached? 4. DWQ Stormwater Program Review ❑ Coastal counties ❑HQW 4a. Which of the following state -implemented stormwater management programs apply ❑ORW (check all that apply): ❑ Session Law 2006-246 ❑X Other: Phase II 4b. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑x No attached? 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ❑ Yes ❑ No 5b. Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No Page 8 of 10 PCN Form — Version 1.4 January 2009 F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1a. Does the project involve an expenditure of public (federal/state/local) funds or the ❑Yes 0 No use of public (federal/state) land? 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ❑Yes ❑ No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval ❑ Yes ❑ No letter.) Comments: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ❑Yes 0 No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after -the -fact permit application? ❑Yes 0 No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in ❑Yes 0 No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. Sewer will connect to existing Iredell County facilities. Page 9 of 10 PCN Form — Version 1.4 January 2009 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or Yes x No ❑ ❑ habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ❑ Yes 0 No impacts? 5c. If yes, indicate the USFWS Field Office you have contacted. - 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? Site field evaluated for schweinitzes sunflower and dwarf flowered heartleaf and none were observed. Site is located outside of HUC's known to have hibernacula. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes ❑x No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation ❑ Yes ❑x No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? NC Cultural Resources GIS 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? ❑ Yes x❑ No 8b. If yes, explain how project meets FEMA requirements: FEMA floodplain located downstream of the proposed road crossing. 8c. What source(s) did you use to make the floodplain determination? Mike Robbe�t& W Applicant/Agent's Printed Name Date Applicant/Agent s Signature (Agent's signature is valid only if an authorization letter from the applicant is provided. Page 10of10 mao puem� M- Lam 9 ®£66Z �S'NN➢Q TIOU n i6i Z O^ [aeo-x dnwFD �! a�mftl®/0 O LS rcn� VF]oi<o.a 0. V a" l 1 a i/ V � \ i W. \ Id '�w \� \ °h �w 0 < M uq� t � P Delineation of Wetlands and Waters of the U.S. Houston Road Iredell County, NC PIN: 4750084420.000, 4750180208.000, 4750176981.000 Prepared for Colleff --as-22 Collett Ryan Mosser I I I I Metropolitan Avenue 9700 Charlotte, NC 28204 November 8, 2021 Prepared By Wetlands & Waters, Inc. 4108 LB Propst Dr. Conover, NC 28613 Houston Road. Troutman. NC 11-08-2021 Scope Wetlands & Waters, Inc. (W&W) has conducted an evaluation of a parcel assemblage (+/- 88 acres) in Iredell County, NC, as depicted on the attached Figures, for the purpose of identifying the presence of surface waters and wetlands that may be subject to federal and state jurisdiction and permitting requirements under Sections 404 and 401 of the Clean Water Act (collectively referred to as "Waters of the U.S.," or WOTUS), as informed and implemented by subsequent regulations and guidance (1986 WOTUS regulation; 2003 SWANCC and 2008 Rapanos guidance). Section 404 of the Clean Water Act regulates the discharge of dredge and fill materials into "waters of the U.S." and is jointly administered by the U.S. Army Corps of Engineers (Corps) and the Environmental Protection Agency (EPA). Section 401 of the Clean Water Act grants each state the authority to approve, condition, or deny any Federal permits that could result in a discharge to waters of the State. Unless stated otherwise, this report is limited in scope to evaluation of potential Waters of the United States subject to Federal and/or State jurisdiction under sections 404 and 401 of the Clean Water Act, as amended. Findings and assessments made by consultants regarding jurisdictional limits and permitting requirements are preliminary and subject to verification and modification by the Corps, and in some cases, the State agencies charged with protection of water resource, including the North Carolina Division of Water Resources (DWR). Clean Water Act Field Evaluation Field evaluations are conducted using methods consistent with those outlined in the applicable regional supplement' of the 1987 U.S. Army Corps Wetland Delineation Manua12. Under normal circumstances, an area is classified as a wetland when indicators of hydrology, hydrophytic vegetation, and hydric soils are present. Surface waters were evaluated for indicators of an Ordinary High -Water Mark (OHWM) and continuous bed and bank formation. OHWM assessments are based on regulatory guidance' issued by the Corps to assist in OHWM identification. Stream flow regime determinations are made using the standardized Methodology for Identification of Intermittent and Perennial Streams and Their Origins, version 4.11, developed by DWR. Findings The Corps currently exerts jurisdiction over the territorial seas, waters used in interstate or foreign commerce, tributaries with intermittent (seasonal) and perennial flow regimes, certain categories of wetlands, and lakes, ponds and impoundments that meet certain criteria. Based on our assessment of existing site conditions, aerial photography, natural resource maps, and best professional judgement, W&W identified potentially jurisdictional tributaries, wetlands, and ephemeral drainages within the review area. Findings are approximated on Figure 1, Approximate Delineation of Surface Waters and Wetlands, and are detailed below. Topographic drainages were evaluated across the site. Three were found to contain continuous bed and bank formation and consistent indicators of an OHWM, which are baseline characteristics for determining the presence of potentially jurisdictional tributaries. Based on characteristics of geomorphology, hydrology, and biology, Tributaries 1, 1-A, and 2 were assessed as perennial tributaries likely bearing baseflow year-round. Tributary 1 is a known perennial stream referred to as Shinns Creek. At the time of this report, perennial tributaries are considered jurisdictional waters of the U.S. and are regulated by the Corps. Perennial tributaries are represented on Figure 1 by a single dotted dark blue line. 'U.S. Army Corps of Engineers. 2012. Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Eastern Mountains and Piedmont Region Version 2.0, ed. J. F. Berkowitz, J. S. Wakeley, R_ W. Lichvar, C. V. Noble. ERDC/EL TR-12-9. Vicksburg, MS: U.S. Army Engineer Research and Development Center. 2 Environmental Laboratory. (1987). "Corps of Engineers Wetlands Delineation Manual," Technical Report Y-87-1, U.S. Army Engineer Waterways Experiment Station, Vicksburg, Miss. 'U.S. Army Corps of Engineers. Regulatory Guidance Letter No. 05-05 Dec. 7, 2005 Wetlands & Waters, Inc. WETLAND AND ENVIRONMENTAL CONSULTANTS Houston Road. Troutman. NC 11-08-2021 In areas along Shinns Creek and abutting Tributary 2 in the northeast corner, W&W identified areas that meet wetland criteria. Areas indicated by a green polygon on Figure I meet the current definition of jurisdictional wetland waters of the U.S. and are regulated by the Corps. Areas indicated on Figure 1 by orange dotted lines represent eroded gullies that displayed inconsistent indicators of an OHWM; based on characteristics of stream geomorphology, hydrology, and biology, these reaches likely bear baseflow in response to rainfall events and are ephemeral. Because stream indicators can vary during portions of the year and an inconsistent OHWM is present, there is potential for the Corps to capture portions, or all of these reaches as jurisdictional tributaries. Natural Resource Data The review area is approximated on the attached public -sourced natural resource maps and figures. Various natural resource data was used to supplement field verification of findings. This information is used by stakeholder agencies as baseline data when assessing the jurisdictional status of aquatic features that may be present on -site. W&W makes no representations relating to the completeness or accuracy of baseline data and layers depicted on these maps and figures. Iredell County GIS (Figure 2) Water resources depicted on this figure are typically generated at the County's direction and are most likely based on other publicly available maps or by GIS staff s photointerpretation. Often these features have not been field verifed. When jurisdictional streams are identified on a property by on -site inspection but are absent on County GIS mapping, local authorities typically apply local buffer ordinances or rules to those features (unless the buffers are applied based on drainage area or parameters other than DWR stream classification). Conversely, if a stream channel is depicted on the local GIS but is determined to be non -regulated by the Corps and/or DWR, local governments may have the option to remove local buffer protections for those drainages if the property owner or a project proponent can produce concurrence from the Corps and DWR. USGS Topographic Quadrangle (Figure 3) Topographic quadrangles are commonly used by state and local authorities to assist in applying riparian buffer regulations. Generally, a feature that is depicted in blue or magenta is a water resource, although some features may not be subject to Federal or State jurisdiction due to complex nuances within State and Federal regulations. Additional jurisdictional water resources may be present in addition to what is represented on these maps. NRCS Soil Survey (Figure 4) Soil surveys depict large scale soils characteristics within the evaluated area. Typically, soil surveys do not show specific soils units that are less than two acres in size, but are useful in supplementing field evaluations by identifying potential problematic soils, hydric soils, historic surface drainage features, and other relevant soil characteristics. In certain cases of presumed land manipulation/disturbance, NRCS paper soil surveys may be used to inform site investigations. National Wetland Inventory (Figure 5) These maps depict wetlands based on U.S. Fish and Wildlife Service criteria and are produced by GIS image analysts who identify and classify wetlands and deep -water habitats from aerial imagery. They are not a substitute for a field evaluation, as there are often discrepancies between existing features and those that are mapped by GIS. Wetlands & Waters, Inc. WETLAND AND ENVIRONMENTAL CONSULTANTS Houston Road. Troutman. NC 11-08-2021 FEMA Flood Mapping (Figure 6) Federal Emergency Management Act flood maps are utilized by the Army Corps to determine if regulated floodplains are present. The Presidents Executive Order 11990, Protection of Wetlands, requires federal agencies to consider the need to mitigate flood and storm hazards in consideration of all actions. The Corps, as stated in general condition 10 and 27 of the Nationwide Permits, requires completion of a PCN form for identification of projects that require coordination involving work in FEMA designated 100- Year Floodplains. If a Section 404 permit is required, the proposed activity must comply with applicable FEMA approved state or local floodplain management requirements. Additional notification requirements, conditions, restrictions, or prohibitions may be imposed depending on the type of proposed activity or permit. N.C. Natural Heritage Program Report The North Carolina Natural Heritage Program (NCNHP) database was consulted to identify natural heritage resources that may be present on -site. The enclosed site -specific report lists documented occurrences of rare species, natural communities, natural and managed areas within or in close proximity to the review area (Attachment A). According to the report there are no records for rare species4, important natural communities, natural areas, or conservation/managed areas within the review area. Clean Water Act Permitting Considerations Construction activities requiring excavation or fill in waters of the U.S. are routinely authorized under the Corps' Nationwide Permit (NWP) program and corresponding State of North Carolina Water Quality Certification'. Examples of activities that may require a permit include (but are not limited to) construction of a road crossing; stream bank/shoreline stabilization; wetland fill; dredging; and restoration, preservation, or enhancement activities in WOTUS. Activities authorized under the NWP program must be designed and constructed to avoid and minimize adverse effects, both temporary and permanent, to waters of the United States to the maximum extent practicable. Unavoidable impacts that exceed Nationwide Permit thresholds may only be authorized under an Individual permit and certification, and involve both public notices and comment periods. Other considerations for a project's eligibility under the Nationwide Permit program include (but are not limited to) a review for compliance with general and regional conditions', and impacts to cultural and historic resources, natural heritage resources, and federally protected species. For example, if activities authorized under the Nationwide Permit program may have the potential to cause effects to properties listed, or eligible for listing, in the National Register of Historic Places, Section 106 consultation under the National Historic Preservation Act may be required. Similarly, if activities authorized under the Nationwide Permit program "may affect" a listed species or critical habitat identified in the Endangered Species Act, Section 7 consultation under the Endangered Species Act may be required. Compensatory Mitigation Compensatory mitigation is typically required for impacts exceeding certain thresholds established in the 2017-2022 and 2021-2026 NWPs. The table below shows typical compensatory mitigation impact thresholds for the 2017-2022 and 2021-2026 NWPs. Nationwide Permit, by Effective Date Ranget1a Compensatory Mitigation Threshold 2017-2022 Nationwide Permits Wetland ar feet Stream ^ Although there may be no documentation of natural heritage elements within the project boundary, it does not imply or confirm their absence; the area may not have been surveyed. 5 See "Nationwide Permits" at httns:Hdea.ne.aov/about/divisions/water-resources/water-aualitv-Dermittina/40l-buffer-Dermitting-branch/acneral. 6 See "2017-2022 Nationwide Permit Documents" and "2021 NWP Documents — Terms, General Conditions and Regional Conditions" at httns://www.saw.usace.aM.mil/Missions/Re ug latory-Permit-Prouam/Permits/2017-Nationwide-Permits/ Wetlands & Waters, Inc. WETLAND AND ENVIRONMENTAL CONSULTANTS Houston Road. Troutman. NC 11-08-2021 2021-2026 Nationwide Permits 0.1 acre Wetland 0.02 acre Stream When evaluating compensatory mitigation requirements, the Corps applies a ratio based on a qualitative assessment of aquatic resource and loss of function for project -related impacts. Compensatory mitigation is typically applied at a 2:1 ratio for wetland losses that exceed 1/10-acre and require submittal of a Pre - Construction Notification. For wetland losses of 1/10-acre or less that require pre -construction notification, the Corps' District Engineer may determine on a case -by -case basis that compensatory mitigation is required to ensure that the activity results in only minimal adverse environmental effects. For losses of stream bed that exceed the applicable compensatory mitigation threshold and require pre - construction notification, compensatory mitigation is typically applied at a 2:1 ratio. For stream bed losses less than the applicable thresholds that require a Pre -Construction Notification, the Corps' District Engineer may determine, on a case -by -case basis, that compensatory mitigation is required to ensure that the activity results in minimal adverse environmental effects. Compensatory mitigation in all forms (avoiding, minimizing, rectifying, reducing, or compensating for resource losses) is required to the "maximum extent practicable" to ensure that a proposed project's individual and cumulative adverse effects are no more than minimal. Use of private mitigation banks to satisfy compensatory mitigation requirements are prioritized over other methods if the appropriate credit type (i.e. warm water stream credits, wetland credits, etc.) is available within the service area, which is determined by the Hydrologic Unit Code (RUC) in which the project occurs. This project is located in the Yadkin Pee Dee 03040102 HUC. At the time of this report, no private mitigation bank credits were available for the review area. Private bank rates are subject to change and in some cases may be negotiated. In cases where no private mitigation banks are available within the region, an applicant may use other methods to satisfy compensatory mitigation, such as paying into an In -Lieu Fee (ILF) Program administered by the North Carolina Division of Mitigation Services (DMS). Current DMS rates are shown below. Service Area Statewide Standard Statewide Standard Statewide Standard Premium Service Area Catawba 03050101 Catawba 03050102 and 03050103 Mitigation Type DMS Rate Per Credit (Effective Through 6/30/2022) Stream $603.87 Freshwater Wetland (Riparian and $67,442.06 Non -Riparian) Coastal Wetlands Mitigation TR._ Freshwater Wetlanc (Riparian and Non - Riparian) Freshwater Wetlan( (Riparian and Non - Riparian) $560,000.00 " `C Rate Per Credit Wetlands & Waters, Inc. WETLAND AND ENVIRONMENTAL CONSULTANTS Through 6/30/2022) 008,806.92 001,450.33 Houston Road. Troutman. NC 11-08-2021 Yadkin 03040201 Freshwater Wetlands (Riparian and Non - Riparian) $149,604.11 Recommendations All findings assessing the jurisdictional status of potential waters of the U.S. are preliminary and are subject to verification and modification by the Corps. W&W recommends submittal of a Jurisdictional Determination (JD) request to obtain Corps concurrence with the delineation findings. If project -related impacts to features represented as potentially jurisdictional are necessary, W&W can prepare a permit request to satisfy CWA requirements. Additionally, W&W recommends a protected species survey to satisfy potential permitting requirements mandated under the Endangered Species Act, especially if a Federal CWA permit is anticipated. Vegetation surveys should occur during the Optimal Survey Window for North Carolina's Federally Threatened, Endangered, and At -Risk Plant Species (Attachment B), if applicable. For certain species, W&W will contract sub -consultants for identification purposes. This concludes our field assessment of regulated Waters of the U.S. within the review area. Please do not hesitate to contact us should you have questions or concerns. Sincerely, Drew Lucas Field Technician 540-529-2580 Perry Isner Senior Project Manager 704-773-4239 Attachments: Vicinity Map Figure 1: Approximate Delineation of Surface Waters and Wetlands Figure 2. County GIS Figure 3. USGS Topographic Quadrangle Figure 4. NRCS Soil Survey Figure 5. National Wetland Inventory Figure 6. FEMA Floodplain Panel Attachment A: NC Natural Heritage Program Report Attachment B: Optimal Survey Window for North Carolina's Federally Threatened, Endangered, and At -Risk Plant Species Wetlands & Waters, Inc. WETLAND AND ENVIRONMENTAL CONSULTANTS The National Map Advanced Viewer 10/28/2021, 4:48:15 PM 1:36,112 0 0.25 0.5 1 mi project_shapefile_houston_road_revised_33405_33405 0 0.4 0.8 1.6 km WETLANDS a e-1 WATERS, INC, Vicinity Map i-rojeci ivame: Houston Road Owner / Developer: Collett City / County: Troutman/Iredell Tax PIN(s): 4750084420.000, 4750180208.000, 4750176981.000 Coordinates: Scale: Date: Lat: 35.682068 Long:-80.849762 Graphic 10-28-21 Legend Wetlands •�•�•• - Perennial Tributary - Ephemeral Drainage , - Dataform Location lr' Wetland 100�0 Tributary 1-A A i= *Wetland Sketch provided for illustrative purposes for preliminary planning use only. _ o Not intended to be relied upon for exact location, dimensions, or p orientation. All findings and assessments made by wetland d ° consultants regarding limits of jurisdiction or permitting requirements are subject to verification by the US Army Corps of Engineers and other % J appropriate state and local o p authorities. d 2100 -- Linear Wetland 100 tributary 1 l-- 400 ft ---A 1 Project Name. Houston Road Owner / Developer: Collett WETLANDS City / County: Troutman/Iredell & WATERS, INr-, Tax PIN(s): 4750084420.000, 4750180208.000, 4750176981.000 Figure 1: Approximate Delineation Coordinates: Scale: Date: of Surface Waters and Wetlands Lat: 35.682068 Long:-80.849762 Graphic 10-28-21 Iredell �E II M1' Printed October 28, 2021 WEB HOSTING 1 r See Below for Disclaimer Addresses Infrastructure • - Y NonResidential Use i Residential U_e Streets Interstate * r} I J _ .. Ram US Hviy State HX'rp' . r r''' � • �' , + , ;ti f ; Main Road Local Road * Residential Private I ''* _ Inactive - Parcels Hooks ■''-�■ Parcels ` City Limits k Lake Ivarmar. * Iredell Courlire r#. r A. ! NC Counties - Waterbody Features Waterline Features T 1 : i30 Feet 3 3 i Project Name: Houston Road Owner / Developer: Collett WETLANDS WATERS, INN, City/County: Troutman/Iredell & Tax PIN(s): 4750084420.000, 4750180208.000, 4750176981.000 Figure 2: County GIS Coordinates: Scale: Date: Lat: 35.682068 Long:-80.849762 Graphic 10-28-21 The National Map Advanced Viewer 10/28/2021, 4:48:59 PM 1:18,056 0 0.13 0.25 0.5 mi C project_shapefile_houston_road_revised_334O5_334O5 0 0.2 0.4 0.8 km Project Name: Houston Road Owner / Developer: Collett WETLANDS City/County: & WATERS! INC. Troutman/Iredell Tax PiN(s): 4750084420.000, 4750180208.000, 4750176981.000 Figure 3: USGS Topographic Coordinates: Scale: Date: Quadrangle Lat: 35.682068 Long:-80.849762 Graphic 10-28-21 35° 41' 14" N s 35° 401 33' N Soil Map—Iredell County, North Carolina (project_ shapefi le_houston_road_revised_33405_33405) a 513200 5133W 5134W 513500 513W0 513700 59mo ih Map Unit Legend ` RtAaD4 PaF PcD2 P2� cc CeC2 Pc62 PcB2 e' CeB2 a7 / i M: '- ';— 513200 51330D 5134W 5135W 5136D0 513700 Map Scale: 1:6,130 if pnnted on A portrait (8.5" x 11") sheet. IN Meters 0 50 100 200 300 Feet 0 250 500 1000 1 5000 Map projection: Web Mercahx Comer coordinates: WGS84 Edge tics: UiM Zone 17N WGS84 WETLANDS A, F WATERS, INC, Figure 4: NRCS Soil Survey I ,L'� eE2 'CC2 �Ce&2 l l ?.` t MaOd PcC2 RfA P.o2 P.F. 2 °aF 513830 51390D 514W0 NO CeC2 ; t - 1'+ CeB2 •• C2 1 rrojeci ivame: Houston Road Owner / Developer: Collett City / County: Troutman/Iredell Tax PIN(s): 4750084420.000, 4750180208.000, 4750176981.000 Coordinates: Scale: Date: Lat: 35.682068 Long:-80.849762 Graphic 10-28-21 The National Map Advanced Viewer 10/28/2021, 4:49:51 PM = project_shapefile_houston_road _revised_33405_33405 Wetlands 0 Estuarine and Marine Deepwater ❑ Estuarine and Marine Wetland ❑ Freshwater Emergent Wetland WI ETLANDS WATERS, INC. Figure 5: National Wetland Inventory Nrojeci (Name: Owner / Developer: City / County: Tax PIN(s): 1:18,056 0 0.13 0.25 0.5 mi 0 0.2 0.4 0.8 km U.S. Fish and Wildlife Service, National Standards and Support Team, wetlands team@fws.gov, USGS The National Map: Orthoimagery and US Topo. Data refreshed January, 2021. Houston Road Collett Troutman/Iredell 4750084420.000, 4750180208.000, 4750176981.000 Coordinates: Scale: Date: Lat: 35.682068 Long:-80.849762 Graphic 10-28-21 -80.837 35.682 Degrees Project Name: Houston Road WAI/ Owner /Developer: Collett WETLANDS City/County: � &WATERS, INC- Troutman/Iredell Tax PiN(s): 4750084420.000, 4750180208.000, 4750176981.000 Figure 6: FEMA Floodplain Panel Coordinates: scale: Date: Lat: 35.682068 Long:-80.849762 Graphic 10-28-21 Attachment A North Carolina Natural Heritage Report Roy Cooper, Governor ■ ■■■ r ■■ ■ INC DEPARTMENT OF ■■,■i NATURAL AND CULTURAL RESOURCES ■ ■■ October 28, 2021 Meagan Jolly Wetlands & Waters, Inc. 328 East Broad Street Statesville, NC 28677 RE: Houston Road revised Dear Meagan Jolly: ❑. Reid Wilson, Secretary Misty Buchanan Deputy Director, Natural Heritage Program The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources for the project referenced above. A query of the NCNHP database, based on the project area mapped with your request, indicates that there are no records for rare species, important natural communities, natural areas, and/or conservation/managed areas within the proposed project boundary, or within a one -mile radius of the project boundary. Please note that although there may be no documentation of natural heritage elements within or near the project boundary, it does not imply or confirm their absence; the area may not have been surveyed. The results of this query should not be substituted for field surveys where suitable habitat exists. In the event that rare species are found within the project area, please contact the NCNHP so that we may update our records. Please also note that natural heritage element data are maintained for the purposes of conservation planning, project review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions. Information provided by the NCNHP database may not be published without prior written notification to the NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NCNHP data may also not be redistributed without permission. If you have questions regarding the information provided in this letter or need additional assistance, please contact Rodney A. Butler at rod nev.butlerCo�ncdcr.aov or 919.707.8603. Sincerely, NC Natural Heritage Program DEPAR7HEN7 OF NATURAL AND CULTURAL RESOURCES 121 W. JONES STREET. RALEIGH. NC 27603 • 1691 MAIL SERVICE CENTER. RALEIGH. NC 27609 OFC 919.707.9120 • FAX 919.707.9121 eivexmaa owe ,a2 s LION RJ r� 4au t bo o' 'W VJ W L co ��0/ L.1_ c O 4--e U) 0 r M W i W r) z U Z 0 6 U I- N C O o a N m � p U N N CU O N d m ❑0 ❑ 0 Attachment B Optimal Survey Window for North Carolina's Federally Threatened, Endangered, and At -Risk Plant Species OPTIMAL SURVEY WINDOWS AND NUMBER OF YEARS A SURVEY IS VALID FOR NORTH CAROLINA'S FEDERALLY THREATENED, ENDANGERED, AND AT -RISK PLANT SPECIES SCIENTIFIC NAME COMMON NAME STATUS SURVEY WINDOW YEARS SURVEY IS VALID Aeschynomene virginica sensitive joint -vetch T July — October 1 Amaranthus pumilus seabeach amaranth T July - October (or before first tropical storm that causes overwash) 1 Amorpha georgiana var. georgiana Georgia lead -plant AIRS late April —October 2 Cardamine micranthera small-anthered bittercress E April - May 1 Carex impressinervia impressed -nerved sedge AIRS I April - May 2 Carex lutea golden sedge E mid April - mid June 2 Dionaea muscipula Venus flytrap AIRS late May —June 2 Echinacea laevigata smooth coneflower E late May —October 2 Fimbristylisperpusilla Harper'sfimbristylis AIRS July — September 2 Geum radiatum spreading avens E I June — September 2 Gymnoderma lineare rock gnome lichen E year round 2 Hedyotis purpurea var. montana Roan Mountain bluet E June —July 2 Helianthus schweinitzii Schweinitz's sunflower E late August — October 2 Helonias bullata swamp pink T I April — May 2 Hexastylis naniflora dwarf -flowered heartleaf T March — May 2 Hudsonia montana mountain golden heather T late May - early June 2 Isoetes microvela thin -wall quillwort AIRS April —July 1 Isotria medeoloides small whorled pogonia T mid May -early July 1 Liatris helleri Heller's blazing star T July — September 2 Lindera melissifolia pondberry E February — March; September - October 2 Lindera subcoriacea bog spicebush AIRS March - August 2 Lobelia boykinii Boykin'sLobelia AIRS May —July 2 Ludwigia ravenii Raven's seedbox AIRS June - October 2 Lysimachia asperulaefolia rough -leaved loosestrife E mid May —September 2 Macbridea caroliniana Carolina birds -in -a -nest AIRS July— November 2 Minuartia godfreyi Godfrey's stitchwort AIRS April —June 2 Oxypolis canbyi Canby's dropwort E mid July — September 2 Platanthera integrilabia white fringeless orchid T I mid July - late August 2 Ptilimnium nodosum harperella E July — early September (during low water) 1 Rhus michauxii Michaux's sumac E May — October 2 Rhynchospora crinipes hairy-peduncled beakrush AIRS July — September 2 Rudbeckia heliopsidis sun -facing coneflower AIRS July — September 2 Sagittaria fasciculata bunched arrowhead E mid May —July 2 Sarracenia oreophila green pitcher -plant E late April — October 2 Sarracenia purpurea var. montana mountain purple pitcher- Iplant AIRS April —October 2 Sarracenia rubra ssp. jonesii mountain sweet pitcher- plant E April —October 2 SCIENTIFIC NAME COMMON NAME STATUS SURVEY WINDOW YEARS SURVEY IS VALID Schwalbea americana American chaffseed E May - August (1-2 months after a fire) 2 Sisyrinchium dichotomum white irisette E late May —July 2 Solidago plumosa Yadkin River goldenrod CCA September — October 2 Solidago spithamaea Blue Ridge goldenrod T July — September 2 Symphyotrichum georgianum Georgia aster CCA October- mid November 2 Spiraea virginiana Virginia spiraea T May - early July 2 Sporobolus teretifolius wire -leaved dropseed AIRS —SeptemberS (following fire) 2 Thalictrum cooleyi Cooley's meadowrue E mid June - early July 2 Tsuga caroliniana lCarolina hemlock AIRS year round 1 2 STATUS KEY: E - Federally endangered T - Federally threatened AIRS - Proposed for listing as threatened or endangered under the ESA, candidate species for listing, or petitioned by a third party for listing. AIRS species listed above have "substantial" 90-day findings and are undergoing status reviews (awaiting 12-month findings). CCA - Species subject to a candidate conservation agreement. OTHER NOTES: These survey windows were determined from species recovery plans, field observations, herbaria specimens, and NC Natural Heritage Program information. For additional information about these species, please visit the U.S. Fish and Wildlife Service Asheville Field Office webpage at https://www.fws.gov/asheville/ or the Raleigh Field Office webpage at https://www.fws.gov/raleigh/. If suitable habitat for species is present in the proposed impact area, the U.S. Fish and Wildlife Service will likely request species surveys, conducted by a qualified biologist, during the optimal survey window. Projects are reviewed on a case -by -case basis and you are encouraged to contact a Section 7 coordinator early in the project planning process. To discuss your project and survey requirements with a Section 7 coordinator, please contact the Asheville Field Office at 828-258-3939 or the Raleigh Field Office at 919-856-4520 Version date: March 10, 2020 DMS ILF Mitigation Request Statement of Compliance with §143-214.11 & 143-214.20 (link to G.S. 143-214.11) Prior to accessing the Division of Mitigation Services (DMS), state law requires applicants to demonstrate compliance with G.S. § 143-214.11 and 143-214.20. All requests MUST include this form signed and dated by the permit applicant or an authorized agent. Compliance Statement: I have read and understand G.S. § 143-214.11 and 214.20 and have, to the best of my knowledge, complied with the requirements. I understand that participation in the DMS is voluntary and subject to approval by permitting agencies. Please check all that apply: ❑ Applicant is a Federal or State Government Entity or a unit of local government meeting the requirements set forth in G.S. 143-214.11 and is not required to purchase credits from a mitigation bank. ✓❑ There are no listed mitigation banks with the credit type I need located in the hydrologic unit where this impact will take place (link to QwR fist) ❑ Mitigation bank(s) in the hydrologic unit where the impacts will occur have been contacted and credits are not currently available. ❑ The DWR or the Corps of Engineers did not approve of the use of a mitigation bank for the required compensatory mitigation for this project. ❑ This is a renewal request and the permit application is under review. Bank credits were not available at the time the application was submitted. Enter date permit application was submitted for review: Note: It is the applicant's responsibility to document any inquiries made to private mitigation banks regarding credit availability. ch I have read and understand the DMS refund policies (attached) initial here Signature of Applicant or Agent Printed Name Chris Huysman Date Collett / Houston Rd Troutman, NC Project Name Location Print Form Direct questions to Kelly Williams at 919-707-8915 or kelly.williams(aD_ncdenr.gov or to the front desk at 919-707-8976 Refund Policy for Fees Paid to DMS In -Lieu Fee Programs (9/21/2009) Purpose: The purpose of this policy is to make clear the circumstances and process under which a permittee can obtain a refund while simultaneously balancing customer service and responsible business practices. This policy applies to all refund requests made on or after the publication date of this policy. Policy Statement: The policy of DMS is to allow for refunds under certain conditions. 1. All refund requests must be made in writing to the DMS In -Lieu Fee Program Coordinator at kelly.williams(a)-ncdenr.gov. 2. All refund requests are subject to fund availability. DMS does not guarantee fund availability for any request. 3. The request must either come from the entity that made the payment or from an authorized agent. Third parties requesting refunds must provide written authorization from the entity that made the payment specifying the name and address of the authorized refund recipient. 4. Refund requests related to unintended overpayments, typographical errors or incorrect invoices should be brought the attention of the In -Lieu Fee Program Coordinator as soon as possible. Such requests are typically approved without delay. 5. Payments made under an incremental payment arrangement are not eligible for refunds. 6. Refund requests made within nine months of payment to DMS will only be considered for requests associated with projects that have been terminated or modified where the permittee's mitigation requirements have been reduced. Such requests must be accompanied by written verification from the permitting agency that the project has been canceled, the permits have been rescinded or have been modified, or the mitigation requirements have been reduced. 7. Refund requests made more than nine months from the payment date will only be considered for permits that were terminated or modified to not require any mitigation. Such requests must be accompanied by written verification from the permitting agency that the project has been canceled, the permits have been rescinded and/or mitigation is no longer required. 8. Refund requests not meeting the criteria specified above are not eligible for a refund. 9. Refund requests that meet the criteria above will be elevated to DMS Senior Management for review. The following considerations apply to all refund requests: a. availability of funds after consideration of all existing project and regulatory obligations b. the date the payment was made c. the likelihood DMS can use the mitigation procured using the payment to meet other mitigation requirements 10. Once a refund has been approved, the refund recipient must provide a completed W-9 form to the DMS In -Lieu fee Program Coordinator within two weeks in order to process the refund though the State Controller's Office. 11. All decisions shall be final. ROY COOPER Governor ELIZABETH S. BISER Secretary MARC RECKTENWALD Director R. Mosser Collett Real Estate 1111 Metropolitan Ave, Ste 700 Charlotte, NC 28204 Project: Houston Road Site NORTH CAROLINA Environmental Quality October 7, 2022 Expiration of Acceptance: 4/7/2023 County: Iredell The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to accept payment for compensatory mitigation for impacts associated with the above referenced project as indicated in the table below. Please note that this decision does not assure that participation in the DMS in - lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will be approved. You must also comply with all other state, federal or local government permits, regulations or authorizations associated with the proposed activity including G.S. § 143-214.11. This acceptance is valid for six months from the date of this letter and is not transferable. If we have not received a copy of the issued 404 Permit/401 Certification within this time frame, this acceptance will expire. It is the applicant's responsibility to send copies of the permits to DMS. Once DMS receives a copy of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the in -lieu fee to be paid by an applicant is calculated based upon the Fee Schedule and policies listed on the DMS website. Based on the information supplied by you in your request to use the DMS, the impacts for which you are requesting compensatory mitigation credit are summarized in the following table. The amount of mitigation required and assigned to DMS for this impact is determined by permitting agencies and may exceed the impact amounts shown below. River Basin Impact Location 8-di it HUC Impact Type Impact Quantity Yadkin 03040102 Riparian Wetland 0.129 Yadkin 03040102 Warm Stream 196 Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The mitigation will be performed in accordance with the In -Lieu Fee Program instrument dated July 28, 2010. Thank you for your interest in the DMS in -lieu fee mitigation program. If you have any questions or need additional information, please contact Kelly.Williams@ncdenr.gov. Sincerely, Aa�t .C� FOR James. B Stanfill Deputy Director cc: Chris Huysman, agent North Carolina Department of Environmental Quality I Division of Mitigation Services 217 West Jones Street 1 1652 Mail Service Center I Raleigh, North Carolina 27699-1652 h(h�TH :.AROI iRA IV o �nmmmenni w�a 919,707,8976 Type: CONSOLIDATED REAL PROPERTY Recorded: 12/15/2022 4:23:48 PM Fee Amt: $1,776.00 Page 1 of 4 Revenue Tax: $1,750.00 Iredell County, NC Renee L. Holland Register of Deeds BK 2965 PG 866 - 869 NORTH CAROLINA GENERAL WARRANTY DEED Excise Tax: 1,750.00 Parcel Identifier No.4 7 5 0 —17 — 6 9 81 Verified by County on the day of By• and 4750-18-0208 Mail/Box to: This instrument was prepared by: Alan G. Carpenter,, Attorney at Law Brief description for the Index: THIS DEED made this 7th day of December , 2022 , by and between GRANTOR Piedmont Landco, LLC, a North Carolina limited liability company P.O. Box 1654 Statesville, NC 28687 GRANTEE CI 77 Troutman, LLC, a North Carolina limited liability company 1111 Metropolitan Ave., Suite 700 Charlotte, NC 28204 Enter in appropriate block for each Grantor and Grantee: name, mailing address, and, if appropriate, character of entity, e.g. corporation or partnership. The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot, parcel of land or condominium unit situated in the City of , Barrincier Township, Iredell County, North Carolina and more particularly described as follows: See Exhibit A, attached. The property hereinabove described was acquired by Grantor by instrument recorded in Book 1966 page 1887 and Book 1972, page 772. All or a portion of the property herein conveyed —includes or _X does not include the primary residence of a Grantor. A map showing the above described property is recorded in Plat Book page NC Bar Association Form No. 3 0 Revised 7/2013 Pagel of 2 This standard form has been approved jointly by: Printed by Agreement with the NC Bar Association North Carolina Bar Association — NC Bar Form No. 3 submitted electronically by "Chicago Title Company, LLC" in compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the Iredell County Register of Deeds. Book: 2965 Page: 866 Page 1 of 4 TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in_fee simple,_that title —is —marketable —and. free.and.ctear of all .encumbrances, and that Grantor..will warrant and defend .the title_.... against the lawful claims of all persons whomsoever, other than the following exceptions: See Exhibit B for Exceptions. IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as of the day and year first above written. Piedmont Landco, LLC (Entity Natnef C Howard F. Bryan Title: Manager By - By: State of - County or City of I, the undersigned Notary Public of the County or City of (SEAL) (SEAL) (SEAL) (SEAL) and State aforesaid, certify that personally appeared before me this day and acknowledged the due execution of the foregoing instrument for the purposes therein expressed. Witness my hand and Notarial stamp or seal this day of , My Commission Expires: (Affix Seal) Notary Public Notary's Printed or Typed Name State of - County or City of I, the undersigned Notary Public of the County or City of and State aforesaid, certify that personally appeared before me this day and acknowledged the due execution of the foregoing instrument for the purposes therein expressed. Witness my hand and Notarial stamp or seal this day of , My Commission Expires: (Affix Seal) Notary Public Notary's Printed or Typed Name State of North Carolina - County or City of Iredel1 I, the undersigned Notary Public of the County or City of _Iredell and State aforesaid, certify that Howard F _ Sryan personally came before me this day and acknowledged that —he is the manacgar of Pi Pei*nont Landco , LLC , a_North Carolina or cerpora4Yvn/limited liability company /gene+al-pafto@F&ki}j-H"i4e&p ship (strike through the inapplicable), and that by authority duly given and as the act of such entity, —he signed the foregoing instrument in its name on its behalf as its act and deed. Witness my hand and Notarial stamp or seal, this 14th day of 2022 . My Commission Expires: - ''`� - z� Not Publ c (Affix Seal) ALAN G. CARPENTER Notary's Printed or Typed Name A lmo NC BarAssociation Fc No. 3 ©ftV-0bliC Page 2 of This standard form has been approved jointly by: Printed by Agreement ith the TkBodifftft NC North Carolina Bar Association — NC Bar Form No. 3 North Carolina Association of Realtors, Inc. - Standard Form 3 My Commission Expires: 07/2912024 Book: 2965 Page: 866 Page 2 of 4 EXHIBIT A: TRACT I: Beginning at a stake in the field near a barn; thence North 32 East 81 poles to a stake in the old line; thence North 69 West 33 and 2/5 poles to a maple the original corner; 'thence South 19 1/2 West 40 poles to a stone; thence North 66 1/2 West 28 poles to a stone; Thence South 3 West 40 poles to a stone; thence South 64 East 41 and 5/6 poles to the Beginning, containing 19 and 3/4 acres, more or less. LESS AND EXCEPT the land conveyed by General Warranty Deed recorded in Book 2657, page 2433, Iredell County Registry. LESS AND EXCEPT the land conveyed by North Carolina General Warranty Deed recorded in Book 2747, page 457, Iredell County Registry. LESS AND EXCEPT the land conveyed by North Carolina General Warranty Deed recorded in Book 1995, page 917, Iredell County Registry. LESS AND EXCEPT the land conveyed by North Carolina General Warranty Deed recorded in Book 832, page 664, Iredell County Registry. For back title, see Deed Book 1972, page 772, Iredell County Registry. PIN: 4750-17-6981 TRACT II: Adjoining the First tract at a stone, thence from said beginning corner of the above tract runs with Suther's line South 29 1/2 West 96 1/2 poles to a post oak; thence South 68 1/2 East 36 1/2 poles to a maple; thence with Souther's line South 21 1/2 West 447 1/2 poles to a stone; thence North 68 1/2 West 26 1/2 poles to a stone; thence North 2 East 123 1/2 poles to a point on the first line; thence North 85 East 51 1/2 poles to the Beginning; containing 27 1/2 acres, more or less. LESS AND EXCEPT the land conveyed by North Carolina General Warranty Deed recorded in Book 646, page 142, Iredell County Registry. For back title, see Deed Book 1966, page 1887, Iredell County Registry. PIN: 4750-18-0208 Book: 2965 Page: 866 Page 3 of 4 EXHIBIT B: Permitted Exceptions 1. Any right, easement, setback, interest, claim, encroachment, encumbrance, violation, variations or other adverse circumstance affecting the Title disclosed by plat(s) recorded in Plat Book 8, page 1-A; Plat Book 71, page 8; and Plat Book 72, page 119. 2. Easement(s) to Duke Power Company recorded in Book 112, page 141; and Book 871, page 918. 3. Right of Way Agreements to Duke Power Company recorded in Book 370, page 510; and Book 370, page 513. 4. Right of Way Agreements to Public Service Company of North Carolina. Incorporated recorded in Book 235, page 42; and Book 235, page 60. 5. Utility and Temporary Construction Easements to Public Service Company of North Carolina, Incorporated, doing business as PSNC Energy recorded in Book 2523, page 2427, Book 2523, page 2430; and Book 2523, page 2438. 6. Easement(s) set forth in North Carolina General Warranty Deed recorded in Book 646, page 142. 7. Taxes or assessments for the year 2023, and subsequent years, not yet due and payable. Book: 2965 Page: 866 Page 4 of 4 Type: CONSOLIDATED REAL PROPERTY Recorded: 12/16/2022 8:15:34 AM Fee Amt: $9,310.00 Page 1 of 7 Revenue Tax: $9,284.00 Iredell County, NC Renee L. Holland Register of Deeds BK 2965 PG 913 - 919 Excise Tax: $9,284.00 Parcel ID/Tax Lot # 4750-08-4420.000 This instrument prepared by And after recording return to: The Cassarino Law Firm, PLLC 445 S. Main Street, Suite 400 Davidson, NC 28036 Brief Description for the Index: 66 +/- acres Houston Road, Iredell County, North Carolina NORTH CAROLINA SPECIAL WARRANTY DEED THIS DEED is made this 15th day of December, 2022, by and between GRANTOR JENNY HONEYCUTT BARKLEY and spouse GROVER LEE BARKLEY, BRENDA HONEYCUTT WATSON and spouse THOMAS HIOTT WATSON, and NINA HONEYCUTT RUSSELL and spouse JAMES ROBIN RUSSELL, SR., As Tenants in Common 319 Gleneagles Road E Statesville, NC 28625 GRANTEE CI 77 TROUTMAN, LLC, a North Carolina limited liability company I I I I Metropolitan Avenue, Suite 700 Charlotte, North Carolina 28204 The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors and assigns, and shall include singular, plural, masculine, neuter as required by context. WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situate in the County of Iredell, North Carolina and more particularly described as follows: SEE EXHIBIT A ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE submitted electronically by "Chicago Title Company, LLC" in compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the Iredell County Register of Deeds. Book: 2965 Page: 913 Page 1 of 7 Together with all buildings, improvements and fixtures erected thereon and appurtenances, privileges, remainders and reversions thereto belonging or in any way appertaining thereto and all right, title and interest of Grantor in and to any alleys, strips or gores adjoining the said real property, and any hereditaments, tenements, easements, rights -of -way, water rights or other interests in, on, under or to, any land, highway, street, road, right-of-way or avenue, open or proposed, in, on under, across, in front of, abutting or adjoining the said real property. The property herein described was acquired by Grantor by instrument recorded in Book 446, Page 351 of the Iredell County Register of Deeds Office and by Estate File 18 E 1142 of the Iredell County Clerk of Court. The property herein conveyed does not include the primary residence of Grantor. A map showing the above described property is recorded in Map Book , Page of the Iredell County Register of Deeds Office. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor has done nothing to impair such title as Grantor received, and Grantor will warrant and defend the title against the lawful claims of all persons claiming by, under or through Grantor. Title to the property hereinabove described is subject to the following exceptions: SEE EXHIBIT B ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, or if corporate, has caused this instrument to be signed in its corporate name by its duly authorized officers and its seal to be affixed by authority of its Board of Directors, as of the day and year first above written. [SIGNATURE PAGES TO FOLLOW] Book: 2965 Page: 913 Page 2 of 7 GRANTOR: nny neycutt arkley Grover Lee Barkley STATE OF NORTH CAROLINA COUNTY OF MECKLENBURG I, Ben J. Cassarino, a Notary Public of the County and State aforesaid, certify that Jenny Honeycutt Barkley and Grover Lee Barkley, personally known to me, personally came before me this day and acknowledged that they executed the foregoing instrument in such capacity. Witness my hand and official stamp or seal, this day of December, 2022 Notary Pu � _ �" My Commission Expires: September 20, 2026 Ben J Cassarino NOTARY PUBLIC Mecklenburg County, NO My Commission Expires September 20, 2026 Book: 2965 Page: 913 Page 3 of 7 GRANTOR: Brenda Honeycutt Watson Thomas HiottWatson, Jr. STATE OF NORTH CAROLINA COUNTY OF MECKLENBURG I, Ben J. Cassarino, a Notary Public of the County and State aforesaid, certify that Brenda Honeycutt Watson and Thomas Hiott Watson, Jr., personally known to me, personally came before me this day and acknowledged that they executed the foregoing instrument in such capacity. Witness my hand and official stamp or seal, this Z�Z day of December, 2022 ------------ Notary Public My Commission Expires: September 20, 2026 Ben J Cassarino NOTARY PUBLIC Mecklenburg County, NO My Commission Expires September 20, 2026 Book: 2965 Page: 913 Page 4 of 7 GRANTOR: Nina Honeycutt Russell 4me�s;Robin Russell, Sr. STATE OF NORTH CAROLINA COUNTY OF MECKLENBURG I, Ben J. Cassarino, a Notary Public of the County and State aforesaid, certify that Nina Honeycutt Russell and James Robin Russell, Sr., personally known to me, personally came before me this day and acknowledged that they executed the foregoing instrument in such capacity. Witness my hand and official stamp or seal, this 4g, day of December, 2022 Notary Public - My Comma ss ion Expires: September 20, 2026 Ben d Cassarino I NOTARY PUBLIC Mecklenburg County, NC My Commission Expires September 20, 2626 Book: 2965 Page: 913 Page 5 of 7 EXHIBIT A (Legal Description) Lying and being situate in Iredell County, North Carolina and more particularly described as follows: BEGINNIN at a stone, Honeycutt's and Christie's corner and running thence with Christie's line S. 5 deg. 04 min. West 1898.2 feet to an iron stone, Young's corner; thence with Young's line South 63 deg. 30 min. East 212.5 feet to an iron stake, Young's corner; thence with his line South 6 deg. 25 min. West 300.0 feet to an iron stake on the North side of the road; thence with the North side of the road North 63 deg. 30 min. West 210 feet to an iron stake; thence North 5 deg. 04 min. East 5.0 feet to an iron stake, E.A. Young's and Christie's corner; thence with Christie's line and crossing the road North 77 deg. 00 min. West 467.4 feet to a stake; Queen's corner; thence with Queen's line S. 00 deg. 42 min. East 1223.9 feet to an iron stake; thence with Ziegler's line South 84 deg. 00 min. 480.3 feet to a stone pile; thence with Hager's line North 49 deg. 37 min. East 1039.5 feet to a stone pile on the South side of the road; thence crossing the road and running with Arthur's and Honeycutt's line North 4 deg. 00 min. East 2658.9 feet to a stake; thence with Honeycutt's line North 81 deg. 50 min. West 825.0 feet to the beginning, containing 70.01 acres, more or less, and being the identical tract of land as surveyed by L.B. Grier, Registered Surveyor April 2, 1955, said plat being recorded in Deed Book 259, Page 348 Iredell County Registry and marked Exhibit A and being the tract of land as conveyed by Mrs. Temple Young (widow) to J.B. Lyerly and wife, Carrie Mae Lyerly, dated April 9, 1955 as recorded in Deed Book 259, Page 346. Also reference Deed Book 446, Page 351, Iredell County Registry. Book: 2965 Page: 913 Page 6 of 7 EXHIBIT B Permitted Exceptions 1. The lien of ad valorem property taxes for the year 2023, and subsequent years, not yet due and payable. 2. Matters affecting the Title disclosed by plat recorded in Deed Book 259, Page 348. 3. Right of Way Agreement to the State Highway Commission recorded in Book 423, Page 420. 4. Easement Deed to the Town of Troutman recorded in Book 1980, Page 551 and as shown on plat recorded in Plat Book 55, Pages 124 and 125. 5. Leases by and between Mae H. Honeycutt (Lessor) and The Lamar Companies (Lessee), memoranda of which are recorded in Book 1833, Page 2165; and Book 1833, Page 2167. 6. Title to any portion of the land lying within the right of way of Houston Rd./SR 2375. 7. Zoning ordinances affecting the property. 8. Matters which would be disclosed by a survey or visible inspection of the property. 9. All other valid and enforceable easements, covenants, restrictions and other matters of record. Book: 2965 Page: 913 Page 7 of 7