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Home My WebLink About20230506 Ver 1_Garmon Road Site_PCN Information Package_20230403Lowrys Environmental & Ecological Services, LLC 1823 Quinn Road Chester, South Carolina 29706 Phone 803-992-0910 April 3, 2023 US Army Corps of Engineers Regulatory Branch Charlotte Field Office North Carolina Division of Water Resources 401 and Buffer Permitting Branch Mooresville Field Office RE: Garmon Road Site Nationwide Permit 39 (NCDWR Certification No. 4256); Town of Indian Trail, Union County, North Carolina Lowrys Environmental & Ecological Services, LLC (LEES) has prepared a permit application for the use of Nationwide Permit 39 (NCDWR Certification No. 4256 in order for the applicant to construct a new commercial facility. The project area is located at the intersection of Gannon Road and Old Monroe Road, in the Town of Indian Trail, Union County, North Carolina. The following documents, figures, etc. are provided to aid in your review of the project. Should you have any questions regarding the project, please do not hesitate contacting me. We look forward to working with you on this project. Sincerely yours, S. Paul Petitgout President/Managing Member Attachments TABLE OF CONTENTS 30-Day Pre -Filing Documentation Property Ownership Information Agent Authorization and Right of Entry Documentation General Location Figures Engineering Figures Cultural Resources (NC HPO) Documentation Threatened & Endangered Species Documentation Preliminary Jurisdictional Determination Request 30-DAY PRE -FILING DOCUMENTATION M Gmail Paul Petitgout <ppetitgout@gmail.com> 401/Buffer Pre -filing Meeting Request - Garmon Storage Site 1 message Paul Petitgout <ppetitgout@gmail.com> Tue, Dec 27, 2022 at 9:15 AM To: "401 PreFile@ncdenr.goV' <401 PreFile@ncdenr.gov> Please fill out the following information: Project Name: Garmon Storage Site County: Union Applicant Name: Garmon Road Ventures, LLC Applicant Email: ppetitgout@gmail.com **Please note that multiple projects may be submitted within the same email by supplying all the above information for each project. ***In the eev�ent your email is not allowing auto -responses, please save a copy of your sent email for your records and if necessary use that copy in application/form submittal. L �. IllWROnilihmnlu oEu: 'Ii@ S. Paul Petitgout President/Managing Member Lowrys Environmental & Ecological Services, LLC 1823 Quinn Road Chester, South Carolina 297o6 Phone: (803) 992-0910 Email: ppetitgout@gmail.com M Gmai! Paul Petitgout CPP&titgOut@gmaiI.cOm> Automatic reply: [External] 401/Buffer Pre -filing Meeting Request - Garmon Storage Site 1 message 401 PreFile <401 PreFile@nodenr.gov> Tue, Dec 27, 2022 at 9:15 AM To: Paul Petitgout <ppetitgout@gmail.com> This email confirms receipt of your pre -filing meeting request. Please retain this email for your records and submit this documentation as part of your 401 application (PCN Application) as required by federal law. DWR will not be able to accept your application without this federally required documentation. 401 applications received without documentation that a pre -filing meeting request was submitted at least 30 days prior will be returned as incomplete. Responses to this email are not monitored. If you need to contact 401/Buffer Permitting Staff, please use the following link(s) to access of staff contact list(s). For Non -Transportation Central Staff: https://deq.nc.gov/about/divisions/water-resources/water-q uality-permitting/401-buffer-permitting/401-buffer-permitting-contacts For Non -Transportation Regional Staff: https://edocs.deq.nc.gov/WaterResources/DocView.aspx?dbid=0&id=2162034&cr=1 For all Transportation Projects Including NCDOT Projects: https://deq.nc.gov/abouttd ivisions/water-resources/water-resources-permits/transportation-permitting/staff-contacts PROPERTY OWNERSHIP INFORMATION Parcel Number 07114009 Owner GARMON ROAD VENTURES LLC Mailing Address 5615 POTTER RD MATTHEWS NC, 28104 Account Information Land Value $1,334,000.00 Building Value $0.00 Total Value $1,334,000.00 Acreage 11.6000 Sales Information Sale Date Sale Amount 03/27/2019 $0.00 02/09/2017 $134,000.00 09/13/2016 $400,000.00 Location Information Municipal Indian Trail Administration County Zoning Code CITY Zoning Administration Indian Trail ETJ Description 4408-492 LESS 6489-154 Situs Address 111 GARMON DR Property Class INDUSTRIAL Book & Page Grantor 7337 0841 WAXHAW, VENTURES LLC 6874 706 D&D INVESTMENTS OF UNION LLC 6767 817 YADKIN BANK 12 Mile Service Area Yes School School Assignment Information Census Tract Number 203.16 FEMA Panel 4498,5408 Fire District Stallings FEMA Zone Soils TbB2,CmB,BdB2 Building Information View Real Property Site Total Living Area 00 Year Build 0 District Voting Assignments (Jurisdictions) Polling Place STALLINGS VFD School District 5 Congressional 9 District Precinct District #29C State House 69 Senate 35 District AGENT AUTHORIZATION AND RIGHT OF ENTRY DOCUMENTATION PROJECT NAME: Gannon Road Site PARCEL ID: 07114009 PROJECT STREET ADDRESS: Gannon Road, Indian Trail, Union County, NC AGENT AUTHORIZATION FORM PROPERTY OWNER: Gannon Road Ventures, LLC PROPERTY OWNER'S ADDRESS: 5615 Potter Road Matthews, NC 28104 PROPERTY OWNERS PRINTED NAME: Dean Harrell The undersigned, registered property owner(s) of the above noted property, do hereby authorize S. Paul Petitgout, of Lowrvs Environmental & Ecological Services, LLC, (Contractor / Agent) (Name of consulting firm) to act on my behalf and take all actions necessary for the processing, issuance and acceptance of this Jurisdictional Determination, Permit or Certification and any and all standard and special conditions attached. RIGHT OF ENTRY AUTHORIZATION By signing below, I authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) and/or NC Division of Water Resources (NCDWR) to enter upon the property herein described (accompanied by the authorized agent) for the purpose of conducting on -site investigations, if necessary, and issuing a jurisdictional determination and/or permit pursuant to Section 404/401 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. PROPERTY OWNER: Gannon Road Ventures, LLC PROPERTY OWNER'S ADDRESS: 5615 Potter Road Matthews, NC 28104 PROPERTY OWNER'S PRINTED NAME: Dean Harrell I hereby certify the above information submitted in this jurisdictional determination/application is true and accurate to the best of our knowledge. AUTHORIZED SIGNATURE: DATE: 8/11/22 GENERAL LOCATION FIGURES ffi oked Gr� D f or��Oro � L) Op N s TRP.IL`R� 0 20 DR oA UNIONDI LF-INpI 74 o i Inds Trail raF l + E �F CHESTNLI LN Conde a C' o_ �� -'� /• o O r7 L7 0 .ENDON RD � \7- �' s - / • Red F ~ � � �'qL C•G' �Q QQ- �a y p Garmon Road Site - _ °pF ±11.6-acres - y - TO�Fo P O� P 65` WHIfo. �, � 1 GIB JTP� G b50 oa 4 � Y Q O 650 �Q O 0 B94 4 HARO'CIR � 4W = O �rHartis;Groy� �psTS '• M US TqN� D R r� Church Cem RpL� `�• aR - Garmon Road Site 0 1,000 2,000 Feet P 1 inch equals 2,000 feet- o� Qt Source: USGS Matthews, NC To po (2022) 650 Disclaimer: The information depicted on this figure is for C informational purposes only and was not prepared for, and v IIp�a is not suitable for legal or engineering purposes. Garmon Road Site Lowrys Environmental 8� Town of Indian Trail, Union County, North Carolina USGS 1:24,000 Topographic Map Ecological Services, LLC 1823 Quinn Road Drawn By: SPP Date: 9-06-22 Rev. Chester, South Carolina 29706 Project Mgr. SPP Scale: 1:24,000 Sheet: 1 803-992-0910 11435U - 07-1.1 4077 - �4 x � 071 L :17-1-1 4078� rl�4:� 2 , l N 071/4013 0 - r�l 1 `07114612A "1 :17-1-14-3 :1A % + 0711405 I f } r � 071-14012 17'1.1 401 •1 Z --- 1711 4008 '17.1.1 4:1 `1;l _ 07'114007E 171 .1 4:1-1 ,1 rt� 07114,.1. Ak 07.11 40 07G . f r r ':17'1'14':It17H 07..1'1402-5A Garmon Road Site ti ±11.6-acres :17.1 � 4007E I - Garmon Road Site I� Scale: Notto Scale f Source: Union County, NC GIS (2022) Disclaimer: The information depicted on this figure is for informational purposes only and was not prepared for, and is not suitable for legal or engineering purposes. Garmon Road Site Lowrys Environmental 8� Town of Indian Trail, Union County, North Carolina Union County, NC GIS (Aerial -Topographic) Map Ecological Services, LLC Drawn By: SPP Date: 9-06-22 Rev. 1823 Quinn Road Chester, South Carolina 29706 Project Mgr. SPP Scale: Not to Scale Sheet: 2 803-992-0910 c x 604E SOILS r � � _ 'BuB adin BdB2 Channery Silty Clay Loam 2-8% Slope -4 ., TbB2 Tarrus Gravelly Silty Clay Loam 2-8% Slope � r B.dB2 BaB TbB2r- ,; BaB-' TaB 'r BdB2 '�... `TbB2 i �- AGsB ko j BuB r , � '; GSB' T1JB i BdB2 w B ' • Ta y •GSB � � r ;ice � .• �r -r- z Bi182 GSC a :h "'' Ch►e► M7 BaG U.S. Fish and Wildlife Service National•Inventory Wetlands ❑ Freshwater Emergent Wetland 0 Estuarine and Marine Deepwater 0 Freshwater Forested/Shrub Wetlan Estuarine and Marine Wetland Freshwater Pond Garmon Road Site Scale: As Shown Source: USFWS NWI Mapper(2022) Disclaimer: The information depicted on this figure is for informational purposes only and was not prepared for, and is not suitable for legal or engineering purposes. Garmon Road Site Town of Indian Trail, Union County, North Carolina USFWS National Wetland Inventory Map Drawn By: SPP I Date: 9-06-22 1 Rev. Project Mgr. SPP I Scale: As Shown I Sheet: 4 Wetlands Lowrys Environmental 8, Ecological Services, LLC 1823 Quinn Road Chester, South Carolina 29706 803-992-0910 'l 11 L I 'i'.I r k} ' Jurisdictional Area o - 071-14.,177 ` .t'\PR' ' - 4 071'I.:: Wetland WA- ±0.28-ac. '° +17 :17 N J7'11 4013 07114012A � 1; 4089.4 - I r _ 0711 4M f' r 07-1 -f 4012 17.11 401 1 --- J7114008 f 71'1 4tltl;l . }07144007E 171 -1 4:1.1 r '�7 147 - /#y M1 ` V 7f7 F t 07.11 4007G .f r 4':I-'1711 `0711aa2sa Garmon Road Site ti ±11.6-acres :17.11�4007F I - Garmon Road Site I� Scale: Notto Scale - f Source: Union County, NC GIS (2022) Disclaimer: The information depicted on this figure is for informational purposes only and was not prepared for, and is not suitable for legal or engineering purposes. Data Points W Garmon Road Site Lowrys Environmental 8� Town of Indian Trail, Union County, North Carolina Preliminary Jurisdictional Determination Map Ecological Services, LLC Drawn By: SPP Date: 9-06-22 Rev. 1823 Quinn Road Chester, South Carolina 29706 Project Mgr. SPP Scale: Not to Scale Sheet: 5 803-992-0910 ENGINEERING FIGURES o ❑— -mz m _ J -- J [l m I 10El 02.0 10 -- I — m ❑ -- - zvoo� M. mm=� ---- ----- _ v o- 1 - - -- j ❑- ❑ := = m v i� �g -- - 1 z 2 omi v - 1 1 „� _o J P -ON moo 0- Tm� of ❑` ❑ z- ❑ m �� ❑ -- °�o� — — — ❑ 0 0 �y ij ❑i❑� — /, i o M. 11 �� ❑ ❑ A i / ❑ os �o eg mZ CULTURAL RESOURCES (NC HPO) GRAPHIC (4. Switch Basemap Add Resources Create Project M Cat �o �Rd 4 o 3 G vtell �a - nift �c s C,a` rd✓r y r?rya o �p 3 2 5 4 41114 8 7 10 9 11 12 � A 4 3 3I sand'd' o 8larycd D p,�neOr rR s ip a 914nchard co, OS ,faa Counflrld Dr fk 0111e, PC Pebble Creek Executive Golf Count 1: Boyd -Rogers House (Site # UN0059) 2: c. 1960 Hip Roof Ranch (Site # UN1173) Not Eligible 3: Thompson -Robinson House (Site # UN0389) Gone 4: Hobby Horse Farm (Site # UN016) Gone 5: c. 1960 Hip Roof Ranch (Site # UN1192) Not Eligible 6: WA & MF Hemby House (Site # UN1174) Not Eligible (Gone?) [This would have been on -site] 7. House (Site # UN1175) Not Eligible 8. House (Site # UN0301) (Gone) 9. c. 1964 Brick Ranch (Site # UN 1176) Not Eligible 10. Heywood- Killough House (Site # UN0178) Not Eligible 11. House (Site #UN1177) Not Eligible 12. C. 1950 House (Site # UN1191) Not Eligible 13. House (Site # UN1175) Not Eligible The Garmon Road Project should have no effect on any of these properties. n9p C931L J '•`••Esril:{V� , NG , US , F THREATENED & ENDANGERED SPECIES DOCUMENTATION United States Department of the Interior FISH AND WILDLIFE SERVICE Asheville Ecological Services Field Office 160 Zillicoa Street Asheville, NC 28801-1082 Phone: (828) 258-3939 Fax: (828) 258-5330 In Reply Refer To: Project Code: 2023-0058763 Project Name: Garmon Road Site e x hSai k 4YYFJiYJft +cfln7i� i� March 22, 2023 Subject: List of threatened and endangered species that may occur in your proposed project location or may be affected by your proposed project To Whom It May Concern: The enclosed species list identifies threatened, endangered, proposed and candidate species, as well as proposed and designated critical habitat, that may occur within the boundary of your proposed project and/or may be affected by your proposed project. The enclosed species list fulfills the requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). Please note that new species information can change your official species list. Under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act, the accuracy of this species list should be verified after 90 days. The Service recommends you visit the ECOS-IPaC website at regular intervals during project planning and implementation to ensure your species list is accurate or obtain an updated species list. The purpose of the Act is to provide a means whereby threatened and endangered species and the ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to utilize their authorities to carry out programs for the conservation of threatened and endangered species and to determine whether projects may affect threatened and endangered species and/or designated critical habitat. A biological assessment (BA) or biological evaluation (BE) should be completed for your project. A BA is required for major construction activities (or other undertakings having similar physical impacts) considered to be Federal actions significantly affecting the quality of the human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2) (c)) (NEPA). For projects other than major construction activities, the Service suggests that a BE be prepared to determine effects of the action and whether those effects may affect listed species and/or designated critical habitat. E?ects of the action are all consequences to listed species or critical habitat that are caused by the proposed action, including the consequences of other 03/22/2023 activities that are caused by the proposed action. A consequence is caused by the proposed action if it is reasonably certain to occur and would not occur "but for" the proposed action.. Recommended contents of a BA/BE are described at 50 CFR 402.12. More information and resources about project review and preparing a BA/BE can be found at the following web link: https://www.fws. gov/office/asheville-ecological-services/asheville-field-office-online-review- process-overview. If a Federal agency determines listed species and/or designated critical habitat may be affected by the proposed project, the agency is required to consult with the Service pursuant to 50 CFR 402. The Service is not required to concur with "no effect" determinations from Federal action agencies. If consultation is required, the Service recommends that candidate species, proposed species, proposed critical habitat, and at -risk species be addressed within the consultation. More information on the regulations and procedures for section 7 consultation, including the role of permit or licensed applicants, can be found in the "Endangered Species Consultation Handbook" at the following web link: https://www.fws.gov/media/endangered-species-consultation- handbook. Migratory Birds: In addition to responsibilities to protect threatened and endangered species under the Act, there are additional responsibilities under the Migratory Bird Treaty Act (MBTA) and the Bald and Golden Eagle Protection Act (BGEPA) to protect native birds from project - related impacts. Any activity, intentional or unintentional, resulting in take of migratory birds, including eagles, is prohibited unless otherwise permitted by the Service (50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)). More information about MBTA and BGEPA can be found at the following web link: https://www.fws.gov/program/migratory-birds. We appreciate your consideration of Federally listed species. The Service encourages Federal agencies to include conservation of threatened and endangered species in their project planning to further the purposes of the Act. Please contact our staff at 828-258-3939, if you have any questions. In any future correspondence concerning this project, please reference the Consultation Code which can be found in the header of this letter. Attachment(s): • Official Species List • USFWS National Wildlife Refuges and Fish Hatcheries • Migratory Birds • Wetlands 03/22/2023 OFFICIAL SPECIES LIST This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the requirement for Federal agencies to "request of the Secretary of the Interior information whether any species which is listed or proposed to be listed may be present in the area of a proposed action". This species list is provided by: Asheville Ecological Services Field Office 160 Zillicoa Street Asheville, NC 28801-1082 (828) 258-3939 03/22/2023 PROJECT SUMMARY Project Code: 2023-0058763 Project Name: Garmon Road Site Project Type: New Constr - Above Ground Project Description: Garmon Road, Indian Trail, NC; 11.6-ac; Commercial Development; ASAP Project Location: The approximate location of the project can be viewed in Google Maps: https: www. goo gle.com/maps/(a)35.06331675,-80.67211726411514,14z Counties: Union County, North Carolina 03/22/2023 3 ENDANGERED SPECIES ACT SPECIES There is a total of 6 threatened, endangered, or candidate species on this species list. Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species. IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA Fisheriesi, as USFWS does not have the authority to speak on behalf of NOAA and the Department of Commerce. See the "Critical habitats" section below for those critical habitats that lie wholly or partially within your project area under this office's jurisdiction. Please contact the designated FWS office if you have questions. 1. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce. MAMMALS NAME Tricolored Bat Perimyotis subflavus No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/10515 CLAMS NAME STATUS Proposed Endangered STATUS Atlantic Pigtoe Fusconaia masoni Threatened There is final critical habitat for this species. Your location does not overlap the critical habitat. Species profile: https:Hecos.fws.gov/ecp/species/5164 Carolina Heelsplitter Lasmigona decorata Endangered There is final critical habitat for this species. Your location does not overlap the critical habitat. Species profile: https:Hecos.fws.gov/ecp/species/3534 INSECTS NAME STATUS Monarch Butterfly Danaus plexippus Candidate No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/9743 03/22/2023 4 FLOWERING PLANTS NAME STATUS Michaux's Sumac Rhus michauxii Endangered No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/5217 Schweinitz's Sunflower Helianthus schweinitzii Endangered No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/3849 CRITICAL HABITATS THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. 03/22/2023 USFWS NATIONAL WILDLIFE REFUGE LANDS AND FISH HATCHERIES 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 OR FISH HATCHERIES WITHIN YOUR PROJECT AREA. 03/22/2023 MIGRATORY BIRDS Certain birds are protected under the Migratory Bird Treaty Act! and the Bald and Golden Eagle Protection Actz. 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 Treat. Act of 1918. 2. The Bald and Golden Eagle Protection Act of 1940. 3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a) The birds listed below are birds of particular concern either because they occur on the USFWS Birds of Conservation Concern (BCC) list or warrant special attention in your project location. To learn more about the levels of concern for birds on your list and how this list is generated, see the FAQ below. This is not a list of every bird you may find in this location, nor a guarantee that every bird on this list will be found in your project area. To see exact locations of where birders and the general public have sighted birds in and around your project area, visit the E-bird data mapping tool (Tip: enter your location, desired date range and a species on your list). For projects that occur off the Atlantic Coast, additional maps and models detailing the relative occurrence and abundance of bird species on your list are available. Links to additional information about Atlantic Coast birds, and other important information about your migratory bird list, including how to properly interpret and use your migratory bird report, can be found below. For guidance on when to schedule activities or implement avoidance and minimization measures to reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE SUMMARY at the top of your list to see when these birds are most likely to be present and breeding in your project area. BREEDING NAME SEASON Bald Eagle Haliaeetus leucocephalus Breeds Sep 1 to This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention Jul 31 because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. Black -billed Cuckoo Coccyzus erythropthalmus Breeds May 15 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Oct 10 and Alaska. https:Hecos.fws.gov/ecp/species/9399 03/22/2023 BREEDING NAME SEASON Cerulean Warbler Dendroica cerulea Breeds Apr 28 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Jul 20 and Alaska. https:Hecos.fws.gov/ecp/species/297 Chimney Swift Chaetura pelagica Breeds Mar 15 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 25 and Alaska. Kentucky Warbler Oporornis formosus Breeds Apr 20 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 20 and Alaska. Prairie Warbler Dendroica discolor Breeds May 1 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Jul 31 and Alaska. Prothonotary Warbler Protonotaria citrea Breeds Apr 1 to This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA Jul 31 and Alaska. Red-headed Woodpecker Melanerpes erythrocephalus Breeds May 10 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Sep 10 and Alaska. Rusty Blackbird Euphagus carolinus Breeds This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions elsewhere (BCRs) in the continental USA Wood Thrush Hylocichla mustelina Breeds May 10 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 31 and Alaska. PROBABILITY OF PRESENCE SUMMARY The graphs below provide our best understanding of when birds of concern are most likely to be present in your project area. This information can be used to tailor and schedule your project activities to avoid or minimize impacts to birds. Please make sure you read and understand the FAQ "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting to interpret this report. Probability of Presence (■) Each green bar represents the bird's relative probability of presence in the 10km grid cell(s) your project overlaps during a particular week of the year. (A year is represented as 12 4-week months.) A taller bar indicates a higher probability of species presence. The survey effort (see below) can be used to establish a level of confidence in the presence score. One can have higher confidence in the presence score if the corresponding survey effort is also high. 03/22/2023 3 How is the probability of presence score calculated? The calculation is done in three steps: The probability of presence for each week is calculated as the number of survey events in the week where the species was detected divided by the total number of survey events for that week. For example, if in week 12 there were 20 survey events and the Spotted Towhee was found in 5 of them, the probability of presence of the Spotted Towhee in week 12 is 0.25. 2. To properly present the pattern of presence across the year, the relative probability of presence is calculated. This is the probability of presence divided by the maximum probability of presence across all weeks. For example, imagine the probability of presence in week 20 for the Spotted Towhee is 0.05, and that the probability of presence at week 12 (0.25) is the maximum of any week of the year. The relative probability of presence on week 12 is 0.25/0.25 = 1; at week 20 it is 0.05/0.25 = 0.2. 3. The relative probability of presence calculated in the previous step undergoes a statistical conversion so that all possible values fall between 0 and 10, inclusive. This is the probability of presence score. Breeding Season( ) Yellow bars denote a very liberal estimate of the time -frame inside which the bird breeds across its entire range. If there are no yellow bars shown for a bird, it does not breed in your project area. Survey Effort (1) Vertical black lines superimposed on probability of presence bars indicate the number of surveys performed for that species in the 10km grid cell(s) your project area overlaps. The number of surveys is expressed as a range, for example, 33 to 64 surveys. No Data (—) A week is marked as having no data if there were no survey events for that week. Survey Timeframe Surveys from only the last 10 years are used in order to ensure delivery of currently relevant information. The exception to this is areas off the Atlantic coast, where bird returns are based on all years of available data, since data in these areas is currently much more sparse. ■ probability of presence breeding season I survey effort — no data SPECIES JAN FEB MARy APR MAY JUyyN JUL I IA IUGI I iSSEP OCT I yNyOVI I DEC Bald Eagle Non -BCC Vulnerable Black -billed Cuckoo +TT� ++++ ++++ Cuckoo _ 03/22/2023 4 BCC Rangewide (CON) Cerulean Warbler BCC Rangewide +TT� ++++ +4 11111 I I -TT TTT TTTT TTTT +TTT TT T T�T+ (CON) Chimney Swift ++i I 1. *" "" ■J�1 1111 1111 1�11 ��T TTTT T BCC Rangewide (CON) Kentucky Warbler BCC Rangewide ++++ ++++ ++++ *4 t+*+ TTTT TT I I I 114 T++T ��TT TTTT TTT+ (CON) 1 11 1 il1l l l 1111 1 Prairie Warbler BCC Rangewide *4 I +++ +11111111 (CON) ary Warbler ++++ ++++ +++T BCC Rangewide (CON) yy I I I I I y I I y Red-headed ��T� �T�T TTTT TTTT �� :::::■�� ■ i' TTT TTT TTT TTT+ Woodpecker BCC Rangewide (CON) Rusty Blackbird BCC - BCR � I I I I I I I I l r+ 4 4* ++++ ++++ Wood Thrush BCC Rangewide (CON) 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/avoidins7-and-minimizins--incidental-take-mis7ratorv-birds • Nationwide conservation measures for birds https://www.fws.gov/sites/default/files/ documents/nationwide-standard-conservation-measures.Ddf MIGRATORY BIRDS FAQ Tell me more about conservation measures I can implement to avoid or minimize impacts to migratory birds. Nationwide Conservation Measures describes measures that can help avoid and minimize impacts to all birds at any location year round. Implementation of these measures is particularly important when birds are most likely to occur in the project area. When birds may be breeding in the area, identifying the locations of any active nests and avoiding their destruction is a very helpful impact minimization measure. To see when birds are most likely to occur and be breeding in your project area, view the Probability of Presence Summary. Additional measures or permits 03/22/2023 5 may be advisable depending on the type of activity you are conducting and the type of infrastructure or bird species present on your project site. What does IPaC use to generate the list of migratory birds that potentially occur in my specified location? The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern (BCQ and other species that may warrant special attention in your project location. The migratory bird list generated for your project is derived from data provided by the Avian Knowledge Network (AKN). The AKN data is based on a growing collection of survey, banding, and citizen science datasets and is queried and filtered to return a list of those birds reported as occurring in the 10km grid cell(s) which your project intersects, and that have been identified as warranting special attention because they are a BCC species in that area, an eagle (Eagle Act requirements may apply), or a species that has a particular vulnerability to offshore activities or development. Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your project area. It is not representative of all birds that may occur in your project area. To get a list of all birds potentially present in your project area, please visit the Rapid Avian Information Locator (RAIL)Tool. What does IPaC use to generate the probability of presence graphs for the migratory birds potentially occurring in my specified location? The probability of presence graphs associated with your migratory bird list are based on data provided by the Avian Knowledge Network (AKN). This data is derived from a growing collection of survey, banding, and citizen science datasets. 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 or migrating in my area? To see what part of a particular bird's range your project area falls within (i.e. breeding, wintering, migrating or year-round), you may query your location using the RAIL Tool and look at the range maps provided for birds in your area at the bottom of the profiles provided for each bird in your results. If a bird on your migratory bird species list has a breeding season associated with it, if that bird does occur in your project area, there may be nests present at some point within the timeframe specified. If "Breeds elsewhere" is indicated, then the bird likely does not breed in your project area. What are the levels of concern for migratory birds? Migratory birds delivered through IPaC fall into the following distinct categories of concern: 1. "BCC Rangewide" birds are Birds of Conservation Concern (BCC) that are of concern throughout their range anywhere within the USA (including Hawaii, the Pacific Islands, Puerto Rico, and the Virgin Islands); 03/22/2023 6 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. 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 Lorin. What if I have eagles on my list? If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid violating the Eagle Act should such impacts occur. Proper Interpretation and Use of Your Migratory Bird Report The migratory bird list generated is not a list of all birds in your project area, only a subset of birds of priority concern. To learn more about how your list is generated, and see options for identifying what other birds may be in your project area, please see the FAQ "What does IPaC use to generate the migratory birds potentially occurring in my specified location". Please be aware this report provides the "probability of presence" of birds within the 10 km grid cell(s) that overlap your project; not your exact project footprint. On the graphs provided, please also look carefully at the survey effort (indicated by the black vertical bar) and for the existence of the "no data" indicator (a red horizontal bar). A high survey effort is the key component. If the survey effort is high, then the probability of presence score can be viewed as more dependable. In contrast, a low survey effort bar or no data bar means a lack of data and, therefore, a lack of certainty about presence of the species. This list is not perfect; it is simply a starting point for identifying what birds of concern have the potential to be in your project area, when they might be there, and if they might be breeding (which means nests might be present). The list helps you know what to look for to confirm presence, and helps guide you in knowing when to implement conservation measures to avoid or minimize potential impacts from your project activities, 03/22/2023 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. 03/22/2023 WETLANDS Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under Section 404 of the Clean Water Act, or other State/Federal statutes. For more information please contact the Regulatory Program of the local U.S. Army Corps of Engineers District. Please note that the NWI data being shown may be out of date. We are currently working to update our NWI data set. We recommend you verify these results with a site visit to determine the actual extent of wetlands on site. RIVERINE • R4SBC FRESHWATER POND • PUBHh 03/22/2023 IPAC USER CONTACT INFORMATION Agency: Lowrys Environmental & Ecological Services, LLC Name: Paul Petitgout Address: 1823 Quinn Road City: Chester State: SC Zip: 29706 Email ppetitgout@gmail.com Phone: 8039920910 Roy Cooper, Governor 9" 0 INC DEPARTMENT OF ""i ■ WMk.M 1 NATURAL AND CULTURAL RESOURCES ■-000 March 22, 2023 Paul Petitgout Lowrys Environmental & Ecological Services, LLC 1823 Quinn Road Chester, SC 29706 RE: Garmon Road Site - Union County, NC; 22008.00 Dear Paul Petitgout: 13. Reid Wilson, Secretary Misty Buchanan Deputy Director, Natural Heritage Program NCNHDE-21351 The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources for the project referenced above. Based on the project area mapped with your request, a query of the NCNHP database indicates that there are no records for rare species, important natural communities, natural areas, and/or conservation/managed areas within the proposed project boundary. Please note that although there may be no documentation of natural heritage elements within the project boundary, it does not imply or confirm their absence; the area may not have been surveyed. The results of this query should not be substituted for field surveys where suitable habitat exists. In the event that rare species are found within the project area, please contact the NCNHP so that we may update our records. The attached `Potential Occurrences' table summarizes rare species and natural communities that have been documented within a one -mile radius of the property boundary. The proximity of these records suggests that these natural heritage elements may potentially be present in the project area if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile radius of the project area, if any, are also included in this report. If a Federally -listed species is found within the project area or is indicated within a one -mile radius of the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for guidance. Contact information for USFWS offices in North Carolina is found here: httr)s://www.fws.gov/offices/Directory/ListOffices.cfm?statecode=37. Please note that natural heritage element data are maintained for the purposes of conservation planning, project review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions. Information provided by the NCNHP database may not be published without prior written notification to the NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NCNHP data may not be redistributed without permission. The NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature Preserve, Registered Heritage Area, Land and Water Fund easement, or Federally - listed species are documented near the project area. If you have questions regarding the information provided in this letter or need additional assistance, please contact Rodney A. Butler at rod ney.butler�ncdcr.gov or 919-707-8603. Sincerely, NC Natural Heritage Program DEPARTMENT OF NATURAL AND CULTURAL RESOURCES 121 1N. JON S STREET, RALEIGI I_ NC 27603 - 16Sl MAOL SERVICE CENTER. PAL EIGH. rkc 276�0 OFC 919.707.9120 • FAK 919.707.9421 / I c+ 2 G g z s G m_ \% 2 J } 0 \ o / / / \ + / \ / G \ m m J \ \ ( / \ \ ( j. c n \ cn \ \ \ / \ 0 m \ 0EF � \\�( \ \ \ \\ \\ \ s J z j O \ ^ c � \ / \ / / a)a)^ (D (D a)3 / , \ / / / j p / m = (D _ 7 z / Z \ z m / g g \\ 0 / rr g \� & O \\ \ j (D^ / 2 c + 2 2 }} =o z e \\ / 2 o 0 / \ \ 2 0 - ° ° D ® \ & z% IDZ( /\ - � \J/ ~\� / m s e + \ « » s \ \ / \ / » - aO} \� \ (D -3 \ }ƒ -, g �� 2n/ J \\ \ ` \ \ / \ / / G% « n «/ ƒ w \\ /o\ \< / < < < m m m = ƒ\ \\\ J2 E J \\ jj (\ J \ &\ jj \\ \\ \j =9 - =e \\ \ / . ° / D e J \ \ j \ J / _ — _ ® G / G /0 \ ^ $/ \ cn \ \ \ / s m \ J m 2 \ \ 0 / 0 n ■ j ODOM LI iti N G�1 � O ri fD � N W L w m' a;n m 3 a c M z C a = v z � n QQ CD CA O W a [rr .._, Potter Rry a � c � a A S!!o 4 W hale Ind 'an )rail Rd � QED a: 3ost 0 a I q1. o� i u a n aac � 9a�yp03� ^� 3 J J7 a� n d� 5 Fork Rd j Q anQo 4 CO, 011N1 0 0 oyo W 91, as 0 O Ln r_n x� 7 nJ L 2 m I N W S ❑ w rQ V J CD I C O� n 0 z 0 LOWRYS ENVIRONMENTAL & ECOLOGICAL SERVICES, LLC 1823 Quinn Road Chester, South Carolina 29706 Phone 803-992-0910 March 27, 2023 Mr. Dean Harrell Garmon Road Ventures, LLC 5615 Potter Road Matthews, North Carolina 28104 RE: Garmon Road Site Federal Threatened and Endangered Species Evaluation Indian Trail, Union County, North Carolina Dear Mr. Harrell: Lowrys Environmental & Ecological Services, LLC (LEES), has conducted an investigation for the potential of federally listed threatened and endangered species or their associated habitats within an approximate 11.6-acre tract located along Garmon Road near its intersection with Old Monroe Road, in the City of Indian Trail, Union County, North Carolina. Federal and State Threatened and Endangered Species Evaluation The USFWS iPac official species list indicates species with the potential to inhabit the Garmon Road site. Those 5 species include: Tri-colored bat (Perimyotis subflavus), Atlantic Pigtoe (Fusconaia masoni), Carolina heelsplitter (Lasmigona decorates), Monarch butterfly (Danaus plexippus), Michaux's sumac (Rhus michauxii), and Schweinitz's sunflower (Helianthus schweinitzii). LEES evaluated the project study area for potential habitat for four of these federally listed Threatened (T) or Endangered (E) species that occur on the official species list downloaded from USFWS (Monarch butterfly was not included in the evaluation because it is only considered a candidate species for listing and tr-colored bat was also eliminated from evaluation due to the fact that it is considered proposed endangered, and does not require Section 7 consultation at this time). The habitat reviews/surveys took place in October, 2022. Habitat evaluation/surveys consisted of pedestrian transects across the project site. Within specific areas of potential habitat, for certain species, surveys were completed by walking the rights of way and/or other areas of high interest and reviewing the areas for individual specimens of the target species. Specifically, power/road rights of way, along with areas of early succession were surveyed for Schweinitz's sunflower and smooth coneflower. Atlantic pigtoe (T) and Carolina heelsplitter (E) are both freshwater mussels that inhabit clear, free flowing streams. These two species are known to occur in Union County within specific drainages. Our site does not contain a free flowing stream, only a 0.28-acre wetland that has a pond at it southern end. The pond eventually drains to Price Mill Creek which is not known to be occupied habitat by either species. NCNHT records review indicates that there are no populations that occur within a one -mile radius of the subject property. The project, as proposed, should have no effect on either of these species. Biological Conclusion: No effect Michaux's sumac (E), endemic to the inner Coastal Plain and lower Piedmont, grows in sandy or rocky, open, upland woods on acidic or circumneutral, well -drained sands or sandy loam soils with low cation exchange capacities. The species is also found on sandy or submesic loamy swales and depressions in the LOWRYS ENVIRONMENTAL & ECOLOGICAL SERVICES, LLC March 27, 2023 Page 2 fall line Sandhills region as well as in openings along the rim of Carolina bays; maintained railroad, roadside, power line, and utility rights -of -way; areas where forest canopies have been opened up by blow - downs and/or storm damage; small wildlife food plots; abandoned building sites; under sparse to moderately dense pine or pine/hardwood canopies; and in and along edges of other artificially maintained clearings undergoing natural succession. Based on the surveys conducted across the subject property, habitat potential would be considered low across the site. These surveys did not reveal any occurrences of Michaux's sumac. Additionally, the NCNHP records indicate no documented occurrences of this species within 1.0 mile of the project site. Therefore, the proposed project is not anticipated to affect this species or its critical habitat. Biological Conclusion: No effect Schweinitz' sunflower (E) tends to grow in soils that are thin, and generally occur on upland interstream flats or gentle slopes, on soils that are clayey in texture, and, when weathered from metasedimentary rocks, often contain large quantities of slaty rock fragments. This species also inhabits generally open areas, with abundant sunlight and little competition from other vegetation. The majority of the project site is forested and has been for many years. However, there is an open pasture area at the front of the site that would offer marginal habitat. This pasture area, along with Garmon Road right of way was surveyed during October 2022. During the systematic survey of these areas, no individuals of Schweinitz' sunflower were observed. NCNHT records review indicates that there are no populations that occur within a one -mile radius of the subject property. The project, as proposed, should have no effect on this species. Biological Conclusion: No effect Summary Habitat potential for Atlantic pigtoe and Carolina heelsplitter is non-existent on site and habitat for Schweinitz's sunflower and Michaux's sumac would be considered low or marginal at best. For all of the plant species we have issued a No effect determination because the likelihood of the species being located within the subject property is extremely low. LEES would not recommend additional survey work for any of the species listed. Lowrys Environmental & Ecological Services, LLC, appreciates the opportunity to provide you with this report and we look forward to your review of the information in the near future. Should you have any questions or comments, or need any additional information, please feel free to contact me at (803) 992- 0910 or at ppetitgout@gmail.com. Sincerely, Lowrys Environmental & Ecological Services, LLC S. Paul Petitgout President/Managing Member PRELIMINARY JURISDICTIONAL DETERMINATION REQUEST Preliminary ORM Data Entry Fields for New Actions ACTION ID 9: SAW - Prepare file folder ❑ 1. Project Name [PCN Form A2a]: Garmon Road Site Begin Date (Date Received): Assign Action ID Number in ORM ❑ 2. Work Type: ❑Private ❑Institutional ❑Government ❑✓ Commercial 3. Project Description / Purpose [PCN Form 133d and B3e]: Commercial Development 4. Property Owner / Applicant [PCN Form A3 or A4]: Garmon Road Ventures, LLC - R Dean Harrell 5. Agent / Consultant [PNC Form A5 — or ORM Consultant ID Number]: Lowrys Environmental & Ecological Services, LLC - S. Paul Petitgout 6. Related Action ID Number(s) [PCN Form B5b]: N/A 7. Project Location —Coordinates, Street Address, and/or Location Description [PCN Form Blb]: 35.063207 N-80.672176 W; Garmon Road Indian Trail, NC 8. Project Location —Tax Parcel ID [PCN Form Bla]: 07114009 9. Project Location — County [PCN Form A2b]: Union 10. Project Location — Nearest Municipality or Town [PCN Form A2c]: Indian Trail, NC 11. Project Information —Nearest Waterbody [PCN Form 132a]: UT to Price Mill Creek 12. Watershed / 8-Digit Hydrologic Unit Code [PCN Form 132c]: 03050103 Catawba Basin Authorization: Section 10 ❑ Section 404 ❑✓ Regulatory Action Type: Standard Permit Nationwide Permit 9 Regional General Permit 9 L✓J Jurisdictional Determination Request Section 10 and 404 ❑ Pre -Application Request Unauthorized Activity Compliance No Permit Required Revised 20150602 urisdictional Determination Reauest US Army Corps of Engineers. Wilmington District This form is intended for use by anyone requesting a jurisdictional determination (JD) from the U.S. Army Corps of Engineers, Wilmington District (Corps). Please include all supporting information, as described within each category, with your request. You may submit your request via mail, electronic mail, or facsimile. Requests should be sent to the appropriate project manager of the county in which the property is located. A current list of project managers by assigned counties can be found on-line at: http://www.saw.usace.aimy.mil/Missions/Re ul�atoiyPermitProi4ram/Contact/CountyLocator.aspx, by calling 910-251-4633, or by contacting any of the field offices listed below. Once your request is received you will be contacted by a Corps project manager. ASHEVILLE & CHARLOTTE REGULATORY FIELD OFFICES US Army Corps of Engineers 151 Patton Avenue, Room 208 Asheville, North Carolina 28801-5006 General Number: (828) 271-7980 Fax Number: (828) 281-8120 RALEIGH REGULATORY FIELD OFFICE US Army Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 General Number: (919) 554-4884 Fax Number: (919) 562-0421 INSTRUCTIONS: WASHINGTON REGULATORY FIELD OFFICE US Army Corps of Engineers 2407 West Fifth Street Washington, North Carolina 27889 General Number: (910) 251-4610 Fax Number: (252) 975-1399 WILMINGTON REGULATORY FIELD OFFICE US Army Corps of Engineers 69 Darlington Avenue Wilmington, North Carolina 28403 General Number: 910-251-4633 Fax Number: (910) 251-4025 All requestors must complete Parts A, B, C, D, E, F and G. NOTE TO CONSULTANTS AND AGENCIES: If you are requesting a JD on behalf of a paying client or your agency, please note the specific submittal requirements in Part H. NOTE ON PART D — PROPERTY OWNER AUTHORIZATION: Please be aware that all JD requests must include the current property owner authorization for the Corps to proceed with the determination, which may include inspection of the property when necessary. This form must be signed by the current property owner(s) or the owner(s) authorized agent to be considered a complete request. NOTE ON PART D - NCDOT REQUESTS: Property owner authorization/notification for JD requests associated with North Carolina Department of Transportation (NCDOT) projects will be conducted according to the current NCDOT/USACE protocols. NOTE TO USDA PROGRAM PARTICIPANTS: A Corps approved or preliminary JD may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should also request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. Version: May 2017 Page 1 Jurisdictional Determination Request A. PARCEL INFORMATION Street Address: Garmon Road City, State: County: Indian Trail, NC Union Parcel Index Number(s) (PIN): 07114009 B. REQUESTOR INFORMATION Name: S. Paul Petitgout - Lowrys Environment, Mailing Address: 1823 Quinn Road Telephone Number: Electronic Mail Address Select one: Chester, SC 29706 803-992-0910 ppetitgout@gmail.com I am the current property owner. I am an Authorized Agent or Environmental Consultanti Interested Buyer or Under Contract to Purchase Other, please explain. C. PROPERTY OWNER INFORMATION Name: Garmon Road Ventures, LLC Mailing Address: 5615 Potter Road Telephone Number: Electronic Mail Address: Matthews, NC 28104 704-780-4610 rdharrellco@gmail.com 1 Must provide completed Agent Authorization Form/Letter. 2 Documentation of ownership also needs to be provided with request (copy of Deed, County GIS/Parcel/Tax Record). Version: May 2017 Page 2 Jurisdictional Determination Request D. PROPERTY ACCESS CERTIFICATION',4 By signing below, I authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) to enter upon the property herein described for the purpose of conducting on - site investigations, if necessary, and issuing a jurisdictional determination pursuant to Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. I, the undersigned, am either a duly authorized owner of record of the property identified herein, or acting as the duly authorized agent of the owner of record of the property. S. Paul Petitgout - Lowrys Environmental & Ecological Services, LLC Print Name Capacity: ❑ Owner Z Authorized Agent' 4-3-23 Date -3. / Signature E. REASON FOR JD REQUEST: (Check as many as applicable) ❑ I intend to construct/develop a projector perform activities on this parcel which would be designed to avoid all aquatic resources. ❑ I intend to construct/develop a projector perform activities on this parcel which would be designed to avoid all jurisdictional aquatic resources under Corps authority. I intend to construct/develop a projector perform activities on this parcel which may require authorization from the Corps, and the JD would be used to avoid and minimize impacts to jurisdictional aquatic resources and as an initial step in a future permitting process. ❑✓ I intend to construct/develop a projector perform activities on this parcel which may require authorization from the Corps; this request is accompanied by my permit application and the JD is to be used in the permitting process. ❑ I intend to construct/develop a project or perform activities in a navigable water of the U.S. which is included on the district Section 10 list and/or is subject to the ebb and flow of the tide. ❑ A Corps JD is required in order obtain my local/state authorization. ❑ I intend to contest jurisdiction over a particular aquatic resource and request the Corps confirm that jurisdiction does/does not exist over the aquatic resource on the parcel. ❑ I believe that the site may be comprised entirely of dry land. ❑ Other: ' For NCDOT requests following the current NCDOT/USAGE protocols, skip to Part E. a If there are multiple parcels owned by different parties, please provide the following for each additional parcel on a continuation sheet. s Must provide agent authorization form/letter signed by owner(s). Version: May 2017 Page 3 Jurisdictional Determination Request F. JURISDICTIONAL DETERNIINATION (JD) TYPE (Select One) 7 I am requesting that the Corps provide a preliminM JD for the property identified herein. A Preliminary Jurisdictional Determination (PJD) provides an indication that there may be "waters of the United States" or "navigable waters of the United States"on a property. PJDs are sufficient as the basis for permit decisions. For the purposes of permitting, all waters and wetlands on the property will be treated as if they are jurisdictional "waters of the United States". PJDs cannot be appealed (33 C.F.R. 331.2); however, a PJD is "preliminary" in the sense that an approved JD can be requested at any time. PJDs do not expire. ❑ I am requesting that the Corps provide an approved JD for the property identified herein. An Approved Jurisdictional Determination (AJD) is a determination that jurisdictional "waters of the United States" or "navigable waters of the United States" are either present or absent on a site. An approved JD identifies the limits of waters on a site determined to be jurisdictional under the Clean Water Act and/or Rivers and Harbors Act. Approved JDs are sufficient as the basis for permit decisions. AJDs are appealable (33 C.F.R. 331.2). The results of the AJD will be posted on the Corps website. A landowner, permit applicant, or other "affected party" (33 C.F.R. 331.2) who receives an AJD may rely upon the AJD for five years (subject to certain limited exceptions explained in Regulatory Guidance Letter 05- 02). ❑ I am unclear as to which JD I would like to request and require additional information to inform my decision. G. ALL REQUESTS Map of Property or Project Area. This Map must clearly depict the boundaries of the review area. ✓� Size of Property or Review Area 1 1 .6 acres. ❑✓ The property boundary (or review area boundary) is clearly physically marked on the site. Version: May 2017 Page 4 Jurisdictional Determination Request H. REQUESTS FROM CONSULTANTS Project Coordinates (Decimal Degrees): Latitude: 35.063207 N Longitude:-80.672176 W A legible delineation map depicting the aquatic resources and the property/review area. Delineation maps must be no larger than I Ix17 and should contain the following: (Corps signature of submitted survey plats will occur after the submitted delineation map has been reviewed and approved).6 ■ North Arrow ■ Graphical Scale ■ Boundary of Review Area ■ Date ■ Location of data points for each Wetland Determination Data Form or tributary assessment reach. For Approved Jurisdictional Determinations: ■ Jurisdictional wetland features should be labeled as Wetland Waters of the US, 404 wetlands, etc. Please include the acreage of these features. ■ Jurisdictional non -wetland features (i.e. tidal/navigable waters, tributaries, impoundments) should be labeled as Non -Wetland Waters of the US, stream, tributary, open water, relatively permanent water, pond, etc. Please include the acreage or linear length of each of these features as appropriate. ■ Isolated waters, waters that lack a significant nexus to navigable waters, or non - jurisdictional upland features should be identified as Non -Jurisdictional. Please include a justification in the label regarding why the feature is non jurisdictional (i.e. "Isolated", "No Significant Nexus", or "Upland Feature"). Please include the acreage or linear length of these features as appropriate. For Preliminary Jurisdictional Determinations: Wetland and non -wetland features should not be identified as Jurisdictional, 404, Waters of the United States, or anything that implies jurisdiction. These features can be identified as Potential Waters of the United States, Potential Non -wetland Waters of the United States, wetland, stream, open water, etc. Please include the acreage and linear length of these features as appropriate. Completed Wetland Determination Data Forms for appropriate region (at least one wetland and one upland form needs to be completed for each wetland type) 6 Please refer to the guidance document titled "Survey Standards for Jurisdictional Determinations" to ensure that the supplied map meets the necessary mapping standards. hM2://www.saw.usace.4rmy.mil/Missions/Regulatoly-Permit- Pro gram/Jurisdiction/ Version: May 2017 Page 5 Jurisdictional Determination Request F4Completed appropriate Jurisdictional Determination form • PJDs, please complete a Preliminary Jurisdictional Determination Form' and include the Aquatic Resource Table • AJDS• please complete an Approved Jurisdictional Determination Form'. Vicinity Map Aerial Photograph USGS Topographic Map Soil Survey Map Other Maps, as appropriate (e.g. National Wetland Inventory Map, Proposed Site Plan, previous delineation maps, LIDAR maps, FEMA floodplain maps) Landscape Photos (if taken) NCSAM and/or NCWAM Assessment Forms and Rating Sheets NC Division of Water Resources Stream Identification Forms hJ Other Assessment Forms ' www.saw.usace.4rmy.mil/Portals/59/docs/regulatory/readocs/JD/RGL 08-02_App A Prelim _JD_Form fillable.pdf 8 Please see hM2://www.saw.usace.4M.mil/Missions/Regulatory-Permit-Program/Jurisdiction/ Principal Purpose: The information that you provide will be used in evaluating your request to determine whether there are any aquatic resources within the project area subject to federaljurisdiction 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 USAGE website. Disclosure: Submission of requested information is voluntary; however, if information is not provided, the request for an AJD cannot be evaluated nor can an AJD be issued. Version: May 2017 Page 6 PROJECT NAME: Gannon Road Site PARCEL ID: 07114009 PROJECT STREET ADDRESS: Gannon Road, Indian Trail, Union County, NC AGENT AUTHORIZATION FORM PROPERTY OWNER: Gannon Road Ventures, LLC PROPERTY OWNER'S ADDRESS: 5615 Potter Road Matthews, NC 28104 PROPERTY OWNERS PRINTED NAME: Dean Harrell The undersigned, registered property owner(s) of the above noted property, do hereby authorize S. Paul Petitgout, of Lowrvs Environmental & Ecological Services, LLC, (Contractor / Agent) (Name of consulting firm) to act on my behalf and take all actions necessary for the processing, issuance and acceptance of this Jurisdictional Determination, Permit or Certification and any and all standard and special conditions attached. RIGHT OF ENTRY AUTHORIZATION By signing below, I authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) and/or NC Division of Water Resources (NCDWR) to enter upon the property herein described (accompanied by the authorized agent) for the purpose of conducting on -site investigations, if necessary, and issuing a jurisdictional determination and/or permit pursuant to Section 404/401 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. PROPERTY OWNER: Gannon Road Ventures, LLC PROPERTY OWNER'S ADDRESS: 5615 Potter Road Matthews, NC 28104 PROPERTY OWNER'S PRINTED NAME: Dean Harrell I hereby certify the above information submitted in this jurisdictional determination/application is true and accurate to the best of our knowledge. AUTHORIZED SIGNATURE: DATE: 8/11/22 Parcel Number 07114009 Owner GARMON ROAD VENTURES LLC Mailing Address 5615 POTTER RD MATTHEWS NC, 28104 Account Information Land Value $1,334,000.00 Building Value $0.00 Total Value $1,334,000.00 Acreage 11.6000 Sales Information Sale Date Sale Amount 03/27/2019 $0.00 02/09/2017 $134,000.00 09/13/2016 $400,000.00 Location Information Municipal Indian Trail Administration County Zoning Code CITY Zoning Administration Indian Trail ETJ Description 4408-492 LESS 6489-154 Situs Address 111 GARMON DR Property Class INDUSTRIAL Book & Page Grantor 7337 0841 WAXHAW, VENTURES LLC 6874 706 D&D INVESTMENTS OF UNION LLC 6767 817 YADKIN BANK 12 Mile Service Area Yes School School Assignment Information Census Tract Number 203.16 FEMA Panel 4498,5408 Fire District Stallings FEMA Zone Soils TbB2,CmB,BdB2 Building Information View Real Property Site Total Living Area 00 Year Build 0 District Voting Assignments (Jurisdictions) Polling Place STALLINGS VFD School District 5 Congressional 9 District Precinct District #29C State House 69 Senate 35 District PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: DATE B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Lowrys Environmental & Ecological Services, LLC, S. Paul Petitgout, 1823 Quinn Road ,Chester, SC 29706 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Garmon Road Site, FILE NUMBER D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: Gannon Road (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT STIES) State: NC County: Union City: Indian Trail Center coordinates of site (lat/long in degree decimal format): Latitude: 35.063207 N Longitude:-80.672176 W Universal Transverse Mercator: Name of nearest waterbody: UT to Price Mill Creek E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑ Office (Desk) Determination. Date: ❑ Field Determination. Date(s): TABLE OF AQUATIC RESOURCES INREVIEWAREA 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 resource 'may be" subject (i.e., Section 404 or Section 10/404) Wetland WA 35.063207 N -80.672176 ±0.28-acre 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 AID could possibly result in less compensatory mitigation being required or different special conditions; (3) the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) undertaking any activity in reliance upon the subject permit authorization without requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrative 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 AID or a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it becomes appropriate to make an official determination whether geographic jurisdiction exists over aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic resources in the review area, the Corps will provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that there "may be" waters of the U.S. and/or that there "may be" navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the review area that could be affected by the proposed activity, based on the following information: SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items should be included in subject file. Appropriately reference sources below where indicated for all checked items: ® Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Map: PJD Map ® Data sheets prepared/submitted by or on behalf of the PJD requestor. ❑ Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. Rationale: ❑ Data sheets prepared by the Corps: ❑ Corps navigable waters' study: ❑ U.S. Geological Survey Hydrologic Atlas: ❑ USGS NHD data. ❑ USGS 8 and 12 digit HUC maps. ® U.S. Geological Survey map(s). Cite scale & quad name: USGS 1:24,000 Matthews Quadrangle (2022) ® Natural Resources Conservation Service Soil Survey. Citation: Web Soil Survey (2022) National wetlands inventory map(s). Cite name: USFWS Wetlands Mapper (2022) ❑ State/local wetland inventory map(s): ® FEMA/FIRM maps: 371044980J (10/16/2008) ® 100-year Floodplain Elevation is: No 100-year flooplain on site (National Geodetic Vertical Datum of 1929) ® Photographs: ®Aerial (Name & Date): Union County, NC GIS (2021 aerial date) or ❑Other (Name & Date): ❑ Previous determination(s). File no. and date of response letter: ❑ Other information (please specify): IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for later Jurisdictional determinations. Signature and date of Regulatory staff member completing PJD DATE 4-3-23 Signature and date of person requesting PJD (REQUIRED, unless obtaining the signature is impracticable)1 1 Districts may establish timeframes for requester to return signed PJD forms. If the requester does not respond within the established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action. ffi oked Gr� D f or��Oro � L) Op N s TRP.IL`R� 0 20 DR oA UNIONDI LF-INpI 74 o i Inds Trail raF l + E �F CHESTNLI LN Conde a C' o_ �� -'� /• o O r7 L7 0 .ENDON RD � \7- �' s - / • Red F ~ � � �'qL C•G' �Q QQ- �a y p Garmon Road Site - _ °pF ±11.6-acres - y - TO�Fo P O� P 65` WHIfo. �, � 1 GIB JTP� G b50 oa 4 � Y Q O 650 �Q O 0 B94 4 HARO'CIR � 4W = O �rHartis;Groy� �psTS '• M US TqN� D R r� Church Cem RpL� `�• aR - Garmon Road Site 0 1,000 2,000 Feet P 1 inch equals 2,000 feet- o� Qt Source: USGS Matthews, NC To po (2022) 650 Disclaimer: The information depicted on this figure is for C informational purposes only and was not prepared for, and v IIp�a is not suitable for legal or engineering purposes. Garmon Road Site Lowrys Environmental 8� Town of Indian Trail, Union County, North Carolina USGS 1:24,000 Topographic Map Ecological Services, LLC 1823 Quinn Road Drawn By: SPP Date: 9-06-22 Rev. Chester, South Carolina 29706 Project Mgr. SPP Scale: 1:24,000 Sheet: 1 803-992-0910 11435U - 07-1.1 4077 - �4 x � 071 L :17-1-1 4078� rl�4:� 2 , l N 071/4013 0 - r�l 1 `07114612A "1 :17-1-14-3 :1A % + 0711405 I f } r � 071-14012 17'1.1 401 •1 Z --- 1711 4008 '17.1.1 4:1 `1;l _ 07'114007E 171 .1 4:1-1 ,1 rt� 07114,.1. Ak 07.11 40 07G . f r r ':17'1'14':It17H 07..1'1402-5A Garmon Road Site ti ±11.6-acres :17.1 � 4007E I - Garmon Road Site I� Scale: Notto Scale f Source: Union County, NC GIS (2022) Disclaimer: The information depicted on this figure is for informational purposes only and was not prepared for, and is not suitable for legal or engineering purposes. Garmon Road Site Lowrys Environmental 8� Town of Indian Trail, Union County, North Carolina Union County, NC GIS (Aerial -Topographic) Map Ecological Services, LLC Drawn By: SPP Date: 9-06-22 Rev. 1823 Quinn Road Chester, South Carolina 29706 Project Mgr. SPP Scale: Not to Scale Sheet: 2 803-992-0910 c x 604E SOILS r � � _ 'BuB adin BdB2 Channery Silty Clay Loam 2-8% Slope -4 ., TbB2 Tarrus Gravelly Silty Clay Loam 2-8% Slope � r B.dB2 BaB TbB2r- ,; BaB-' TaB 'r BdB2 '�... `TbB2 i �- AGsB ko j BuB r , � '; GSB' T1JB i BdB2 w B ' • Ta y •GSB � � r ;ice � .• �r -r- z Bi182 GSC a :h "'' Ch►e► M7 BaG U.S. Fish and Wildlife Service National•Inventory Wetlands ❑ Freshwater Emergent Wetland 0 Estuarine and Marine Deepwater 0 Freshwater Forested/Shrub Wetlan Estuarine and Marine Wetland Freshwater Pond Garmon Road Site Scale: As Shown Source: USFWS NWI Mapper(2022) Disclaimer: The information depicted on this figure is for informational purposes only and was not prepared for, and is not suitable for legal or engineering purposes. Garmon Road Site Town of Indian Trail, Union County, North Carolina USFWS National Wetland Inventory Map Drawn By: SPP I Date: 9-06-22 1 Rev. Project Mgr. SPP I Scale: As Shown I Sheet: 4 Wetlands Lowrys Environmental 8, Ecological Services, LLC 1823 Quinn Road Chester, South Carolina 29706 803-992-0910 'l 11 L I 'i'.I r k} ' Jurisdictional Area o - 071-14.,177 ` .t'\PR' ' - 4 071'I.:: Wetland WA- ±0.28-ac. '° +17 :17 N J7'11 4013 07114012A � 1; 4089.4 - I r _ 0711 4M f' r 07-1 -f 4012 17.11 401 1 --- J7114008 f 71'1 4tltl;l . }07144007E 171 -1 4:1.1 r '�7 147 - /#y M1 ` V 7f7 F t 07.11 4007G .f r 4':I-'1711 `0711aa2sa Garmon Road Site ti ±11.6-acres :17.11�4007F I - Garmon Road Site I� Scale: Notto Scale - f Source: Union County, NC GIS (2022) Disclaimer: The information depicted on this figure is for informational purposes only and was not prepared for, and is not suitable for legal or engineering purposes. Data Points W Garmon Road Site Lowrys Environmental 8� Town of Indian Trail, Union County, North Carolina Preliminary Jurisdictional Determination Map Ecological Services, LLC Drawn By: SPP Date: 9-06-22 Rev. 1823 Quinn Road Chester, South Carolina 29706 Project Mgr. SPP Scale: Not to Scale Sheet: 5 803-992-0910 U.S. Army Corps of Engineers OMB Control #: 0710-xxxx, Exp: Pending WETLAND DETERMINATION DATA SHEET — Eastern Mountains and Piedmont Region Requirement Control Symbol EXEMPT: See ERDC/EL TR-07-24; the proponent agency is CECW-CO-R (Authority: AR 335-15, paragraph 5-2a) Project/Site: Garmon Road Site City/County: near Indian Trail/Union Co. Sampling Date: 3-22-22 Applicant/Owner: Garmon Road Ventures, LLC State: NC Sampling Point: U1 Investigator(s): Petitgout Section, Township, Range: Landform (hillside, terrace, etc.): terrace Local relief (concave, convex, none): convex Slope (%): 1 % Subregion (LRR or MLRA): LRR P, MLRA 136 Lat: 35.063656 N Long:-80.671883 W Datum: Soil Map Unit Name: Cid Channery Silt Loam 1-5 % slope NWI classification: Are climatic / hydrologic conditions on the site typical for this time of year? Yes X No (If no, explain in Remarks.) Are Vegetation Soil or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes X No Are Vegetation Soil or Hydrology naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes No X Is the Sampled Area Hydric Soil Present? Yes No X within a Wetland? Yes No X Wetland Hydrology Present? Yes No X Remarks: HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (minimum of two required) Primary Indicators (minimum of one is required: check all that apply) _Surface Soil Cracks (136) _Surface Water (Al) _True Aquatic Plants (1314) _Sparsely Vegetated Concave Surface (138) _ High Water Table (A2) _ Hydrogen Sulfide Odor (Cl) —Drainage Patterns (1310) _Saturation (A3) _Oxidized Rhizospheres on Living Roots (C3) _Moss Trim Lines (1316) —Water Marks (131) —Presence of Reduced Iron (C4) _ Dry -Season Water Table (C2) _Sediment Deposits (132) _Recent Iron Reduction in Tilled Soils (C6) _Crayfish Burrows (C8) _Drift Deposits (133) _Thin Muck Surface (C7) _Saturation Visible on Aerial Imagery (C9) _Algal Mat or Crust (134) _Other (Explain in Remarks) _Stunted or Stressed Plants (D1) _Iron Deposits (135) _Geomorphic Position (D2) —Inundation Visible on Aerial Imagery (137) —Shallow Aquitard (D3) —Water-Stained Leaves (139) _ Microtopographic Relief (D4) Aquatic Fauna (1313) FAC-Neutral Test (D5) Field Observations: Surface Water Present? Yes No Depth (inches): Water Table Present? Yes No Depth (inches): Saturation Present? Yes No Depth (inches): Wetland Hydrology Present? Yes No X (includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: No Hydrology indicators present ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont —Version 2.0 VEGETATION (Four Strata) - Use scientific names of plants. Sampling Point: U1 Tree Stratum (Plot size: 30 ) 1. Liquidambar styracif/ua 2. Pinus taeda 3. Acer rubrum 4. Carpinus caroliniana 5. Quercus nigra 6. 7. 50% of total cover: 20 Saplinq/Shrub Stratum (Plot size: 15 ) 1. Ligustrum sinense 2. 3. 4. 5. 6. 7. 8. 9. 50% of total cover: 3 Herb Stratum (Plot size: 5 ) 1. Polystichum acrostichoides 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 50% of total cover: 3 Woody Vine Stratum (Plot size: 30 ) 1. Smilax glauca 2. 3. 4. 5. Absolute Dominant Indicator % Cover Species? Status 10 Yes FAC 10 Yes FAC 10 Yes FAC 5 No FAC 5 No FAC 40 =Total Cover 20% of total cover: 8 5 Yes FACU 5 =Total Cover 20% of total cover: 1 5 Yes FACU 5 =Total Cover 20% of total cover: 1 5 Yes FACU 5 =Total Cover 50% of total cover: 3 20% of total cover: 1 Remarks: (Include photo numbers here or on a separate sheet.) Dominance Test worksheet: Number of Dominant Species That Are OBL, FACW, or FAC: 3 (A) Total Number of Dominant Species Across All Strata: 6 (B) Percent of Dominant Species That Are OBL, FACW, or FAC: 50.0% (A/B) Total % Cover of: Multiply by: OBL species 0 x 1 = 0 FACW species 0 x 2 = 0 FAC species 40 x 3 = 120 FACU species 15 x 4 = 60 UPL species 0 x 5 = 0 Column Totals: 55 (A) 180 (B) Prevalence Index = B/A = 3.27 Hydrophytic Vegetation Indicators: _ 1 - Rapid Test for Hydrophytic Vegetation _2 - Dominance Test is >50% 3 - Prevalence Index is !2.0' 4 - Morphological Adaptations' (Provide supporting data in Remarks or on a separate sheet) Problematic Hydrophytic Vegetation' (Explain) 'Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problematic. Definitions of Four Vegetation Strata: Tree - Woody plants, excluding vines, 3 in. (7.6 cm) or more in diameter at breast height (DBH), regardless of height. Sapling/Shrub -Woody plants, excluding vines, less than 3 in. DBH and greater than or equal to 3.28 ft (1 m) tall. Herb -All herbaceous (non -woody) plants, regardless of size, and woody plants less than 3.28 ft tall. Woody Vine -All woody vines greater than 3.28 ft in height. Hydrophytic Vegetation Present? Yes No X ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont -Version 2.0 SOIL Sampling Point: U1 Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color (moist) % Color (moist) % Types Loc2 Texture Remarks 0-4 10YR 5/2 100 Loamy/Clayey 4-16 10YR 5/4 100 Loamy/Clayey 16-20 10YR 6/4 100 Loamy/Clayey Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains. Hydric Soil Indicators: _ Histosol (Al) _ Histic Epipedon (A2) —Black Histic (A3) —Hydrogen Sulfide (A4) —Stratified Layers (A5) 2 cm Muck (A10) (LRR N) _Depleted Below Dark Surface (A11) _Thick Dark Surface (Al 2) —Sandy Mucky Mineral(S1) —Sandy Gleyed Matrix (S4) _ Sandy Redox (S5) _Stripped Matrix(S6) Dark Surface (S7) Restrictive Layer (if observed): Type: Depth (inches): Remarks: _ Polyvalue Below Surface (S8) (MLRA 147, 148) _Thin Dark Surface (S9) (MLRA 147, 148) —Loamy Mucky Mineral (F1) (MLRA 136) _ Loamy Gleyed Matrix (F2) _ Depleted Matrix (F3) _ Redox Dark Surface (F6) _ Depleted Dark Surface (F7) _ Redox Depressions(F8) _ Iron -Manganese Masses (F12) (LRR N, MLRA 136) _ Umbric Surface (F13) (MLRA 122, 136) —Piedmont Floodplain Soils (F19) (MLRA 148) Red Parent Material (F21) (MLRA 127, 147, 148) 2Location: PL=Pore Lining, M=Matrix Indicators for Problematic Hydric Soils3: 2 cm Muck (A10) (MLRA 147) —Coast Prairie Redox (A16) (MLRA 147, 148) —Piedmont Floodplain Soils (F19) (MLRA 136, 147) —Red Parent Material (F21) (outside MLRA 127, 147, 148) _Very Shallow Dark Surface (F22) Other (Explain in Remarks) 3Indicators of hydrophytic vegetation and wetland hydrology must be present, unless disturbed or problematic. Hydric Soil Present? Yes No X ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont —Version 2.0 U.S. Army Corps of Engineers OMB Control #: 0710-xxxx, Exp: Pending WETLAND DETERMINATION DATA SHEET — Eastern Mountains and Piedmont Region Requirement Control Symbol EXEMPT: See ERDC/EL TR-07-24; the proponent agency is CECW-CO-R (Authority: AR 335-15, paragraph 5-2a) Project/Site: Garmon Road Site City/County: near Indian Trail/Union Co. Sampling Date: 3-22-22 Applicant/Owner: Garmon Road Ventures, LLC State: NC Sampling Point: W1 Investigator(s): Petitgout Section, Township, Range: Landform (hillside, terrace, etc.): Sideslope Local relief (concave, convex, none): concave Slope (%): <1% Subregion (LRR or MLRA): LRR P, MLRA 136 Lat: 35.063656 N Long:-80.671883 W Datum: Soil Map Unit Name: Cid Channery Silt Loam 1-5 % slope NWI classification: Are climatic / hydrologic conditions on the site typical for this time of year? Yes X No (If no, explain in Remarks.) Are Vegetation Soil or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes X No Are Vegetation Soil or Hydrology naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes X No Is the Sampled Area Hydric Soil Present? Yes X No within a Wetland? Yes X No Wetland Hydrology Present? Yes X No Remarks: HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (minimum of two required) Primary Indicators (minimum of one is required: check all that apply) _Surface Soil Cracks (136) _Surface Water (Al) _True Aquatic Plants (1314) ? Sparsely Vegetated Concave Surface (138) X High Water Table (A2) _ Hydrogen Sulfide Odor (Cl) —Drainage Patterns (1310) X Saturation (A3) —Oxidized Rhizospheres on Living Roots (C3) —Moss Trim Lines (1316) —Water Marks (131) —Presence of Reduced Iron (C4) _ Dry -Season Water Table (C2) _Sediment Deposits (132) _Recent Iron Reduction in Tilled Soils (C6) _Crayfish Burrows (C8) _Drift Deposits (133) _Thin Muck Surface (C7) _Saturation Visible on Aerial Imagery (C9) _Algal Mat or Crust (134) _Other (Explain in Remarks) _Stunted or Stressed Plants (D1) _Iron Deposits (135) _Geomorphic Position (D2) —Inundation Visible on Aerial Imagery (137) —Shallow Aquitard (D3) —Water-Stained Leaves (139) _ Microtopographic Relief (D4) Aquatic Fauna (1313) FAC-Neutral Test (D5) Field Observations: Surface Water Present? Yes No X Depth (inches): Water Table Present? Yes X No Depth (inches): 12 Saturation Present? Yes X No Depth (inches): 6 Wetland Hydrology Present? Yes X No (includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont —Version 2.0 VEGETATION (Four Strata) - Use scientific names of plants. Sampling Point: W1 Absolute Dominant Indicator Tree Stratum (Plot size: 30 ) % Cover Species? Status 1. Liquidambar styraciflua 10 Yes FAC 2. Pinus taeda 10 Yes FAC 3. Acer rubrum 10 Yes FAC 4. Carpinus caroliniana 5 No FAC 5. 5 No 6. 7. 40 =Total Cover 50% of total cover: 20 20% of total cover: 8 Saplinq/Shrub Stratum (Plot size: 15 ) 1. Ligustrum sinense 5 Yes FACU 2. Acer rubrum 5 Yes FAC 3. Liquidambar styraciflua 5 Yes FAC 4. 5. 6. 7. 8. 9. 15 =Total Cover 50% of total cover: 8 20% of total cover: 3 Herb Stratum (Plot size: 5 ) 1. Hexastylis arifolia 2 No FAC 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 2 =Total Cover 50% of total cover: 1 20% of total cover: 1 Woody Vine Stratum (Plot size: 30 ) 1. Smilax rotundifolia 5 Yes FAC 2. 3. 4. 5. 5 =Total Cover 50% of total cover: 3 20% of total cover: 1 Remarks: (Include photo numbers here or on a separate sheet.) Dominance Test worksheet: Number of Dominant Species That Are OBL, FACW, or FAC: 6 (A) Total Number of Dominant Species Across All Strata: 7 (B) Percent of Dominant Species That Are OBL, FACW, or FAC: 85.7% (A/B) Prevalence Index worksheet: Total % Cover of: Multiply by: OBL species 0 x 1 = 0 FACW species 0 x 2 = 0 FAC species 52 x 3 = 156 FACU species 5 x 4 = 20 UPL species 0 x 5 = 0 Column Totals: 57 (A) 176 (B) Prevalence Index = B/A = 3.09 Hydrophytic Vegetation Indicators: _ 1 - Rapid Test for Hydrophytic Vegetation X 2 - Dominance Test is >50% 3 - Prevalence Index is !2.0' 4 - Morphological Adaptations' (Provide supporting data in Remarks or on a separate sheet) Problematic Hydrophytic Vegetation' (Explain) 'Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problematic. Definitions of Four Vegetation Strata: Tree - Woody plants, excluding vines, 3 in. (7.6 cm) or more in diameter at breast height (DBH), regardless of height. Sapling/Shrub -Woody plants, excluding vines, less than 3 in. DBH and greater than or equal to 3.28 ft (1 m) tall. Herb -All herbaceous (non -woody) plants, regardless of size, and woody plants less than 3.28 ft tall. Woody Vine -All woody vines greater than 3.28 ft in height. Hydrophytic Vegetation Present? Yes X No ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont -Version 2.0 SOIL Sampling Point: W1 Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color (moist) % Color (moist) % Types Loc2 Texture Remarks 0-3 10YR 4/2 100 Loamy/Clayey 3-9 2.5Y 3/2 80 10YR 5/6 20 C M Loamy/Clayey Prominent redox concentrations 9-20 2.5Y 3/2 70 10YR 5/4 30 C PL/M Loamy/Clayey Distinct redox concentrations Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains. Hydric Soil Indicators: _ Histosol (Al) _ Histic Epipedon (A2) —Black Histic (A3) —Hydrogen Sulfide (A4) —Stratified Layers (A5) 2 cm Muck (A10) (LRR N) _Depleted Below Dark Surface (A11) _Thick Dark Surface (Al 2) —Sandy Mucky Mineral(S1) —Sandy Gleyed Matrix (S4) _ Sandy Redox (S5) _Stripped Matrix(S6) Dark Surface (S7) Restrictive Layer (if observed): Type: Depth (inches): Remarks: _ Polyvalue Below Surface (S8) (MLRA 147, 148) _Thin Dark Surface (S9) (MLRA 147, 148) —Loamy Mucky Mineral (F1) (MLRA 136) _ Loamy Gleyed Matrix (F2) _ Depleted Matrix (F3) X Redox Dark Surface (F6) _ Depleted Dark Surface (F7) ? Redox Depressions(F8) _ Iron -Manganese Masses (F12) (LRR N, MLRA 136) _ Umbric Surface (F13) (MLRA 122, 136) —Piedmont Floodplain Soils (F19) (MLRA 148) Red Parent Material (F21) (MLRA 127, 147, 148) 2Location: PL=Pore Lining, M=Matrix Indicators for Problematic Hydric Soils3: 2 cm Muck (A10) (MLRA 147) —Coast Prairie Redox (A16) (MLRA 147, 148) ? Piedmont Floodplain Soils (F19) (MLRA 136, 147) —Red Parent Material (F21) (outside MLRA 127, 147, 148) _Very Shallow Dark Surface (F22) Other (Explain in Remarks) 3Indicators of hydrophytic vegetation and wetland hydrology must be present, unless disturbed or problematic. Hydric Soil Present? Yes X No ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont —Version 2.0