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HomeMy WebLinkAbout20150615 Ver 1_401 Application_20150615Letter of Transmittal S &ME, Inc '&ME 9751 Southern Pine Blvd Charlotte, NC 28273 (704) 523 -4726 (704) 525 -3953 fax NC Division of Water Resources Attn Karen Hiaams 512 North Salisbury Street. 401 & Buffer Permittma Unit Raleiah. North Carolina. 27604 WE ARE SENDING YOU• ❑ Shop drawings ® Copy of letter COPIES DATE 5 06.19 2015 1 06.19.2015 I 1 0605.15 DATE: June 19, 2015 JOB NO: 4335 -15 -061 ATTENTION: Ms Karen Higgins RE: Proposed MGP Rockingham Retail Development 2015061 5 ® Attached ❑ Under separate cover via the following items: ❑ Prints ❑ Plans ❑ Draft ❑ Specifications ❑ Report NO DESCRIPTION 1 Copy of Nationwide Permit No 39 2 CD with PCN 1 3 Check for $240.00 to NC Division of Water Resources 1 THESE ARE TRANSMITTED AS CHECKED BELOW ❑ For approval ❑ For your record ❑ As requested ® For review and comment ❑ ❑ FORBIDS DUE- _ /_ /_ ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS: Attached please find the above for vour review and comment. Thank vou. - Darrin Peine SIGN. COPY TO- File. USACE. USFWS, SHPO JUN 9. 9 2015 D ERN R -WATER RESOUn E( S f 401 & BUFFER PERMITTING 1 IF ENCLOSURES ARE NOT AS NOTED, PLEASE NOTIFY US AT ONCE This Letter of Transmittal and the documents accompanying this Letter of Transmittal contain information from S &ME, Inc , which is confidential and legally privileged The information is intended only for use of the individual or entity named on this Letter of Transmittal If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or the taking of any action in reliance on these documents is strictly prohibited S &ME SFG -001 (Rev 04/04) • June 19, 2015 U.S. Army Corps of Engineers Wilmington Regulatory Field Office 69 Darlington Avenue Wilmington, North Carolina 28403 Attention: Mr. Josh Mitchell N.C. Division of Water Resources 401 & Buffer Permitting Unit 512 North Salisbury Street Raleigh, North Carolina 27604 Attention: Ms. Karen Higgins Reference: Pre - Construction Notification Proposed MGP Rockingham Retail Development Richmond County, North Carolina S &ME Project No. 4335 -15 -061 Dear Mr. Mitchell and Ms. Higgins: S &ME, Inc. (S &ME) is submitting this application for authorization of impacts to waters of the U.S. in accordance with Department of the Army Nationwide Permit (NWP) No. 39 — Commercial and Institutional Development. Supporting documentation for verification of the jurisdictional boundaries located within the project area was provided to the U.S. Army Corps of Engineers (USACE) under separate cover, included here as Appendix 11. MGP Retail Consulting, LLC. (Applicant) is seeking project authorization under the NWP and corresponding North Carolina Water Quality Certification (WQC) 3890 pursuant to the Division of Water Resources (DWR). The project will involve construction of a new grocery store building and associated parking areas, which will result in the permanent fill of approximately 0.47 acre of forested wetland. In support of this Pre - Construction Notification (PCN) we have prepared the following appendices: S &ME, INC. / 9751 Southern Pine Blvd / Charlotte, NC 28273 / p 704.523.4726 / f 704.525.3953 / www.smeinc.com Pre - Construction Notification S &ME Project No. 4335 -15 -061 Proposed MGP Rockinqham Retail Development June 19, 2015 • Appendix I: PCN Form; • Appendix II: Copy of Preliminary Jurisdictional Determination & Supporting Documentation; • Appendix III: Wetland Impact Map (Bohler Engineering); • Appendix IV: NC Wetland Assessment Method Form; • Appendix V: North Carolina Division of Mitigation Services In Lieu Fee Program Letter of Acceptance Five copies of this PCN, along with one electronic copy and a check for the processing fee, are being provided to DWR for written concurrence. The location of the project area is depicted in the Preliminary Jurisdictional Determination & Supporting Documentation, included in Appendix II. PROJECT PURPOSE AND NEED The purpose of the proposed project is to construct a new grocery store and associated parking and stormwater management facility in Rockingham, North Carolina. The project area is approximately 5.19 acres comprised of three parcels (Richmond County Parcel ID Nos. 747202957304, 747202953492, and 747202955663). The property is currently owned by Richmond Hospitality, LLC and Fire Mountain Restaurants, LLC, however, the applicant is in process of purchasing the property from the owners. Therefore, the applicant is not an agent of the owner, but rather acting solely on their own behalf as the contract purchaser of the property. The proposed project entails construction of an approximately 36,170 square foot building, along with associated parking and stormwater management facilities. The site is undeveloped and wooded with immature trees, and the site is bordered by several other lots that have already been commercially developed. Construction of the facility parking lot areas will result in approximately 0.47 acre of permanent impact to forested Wetland A due to proposed grading and placement of fill. AVOIDANCE AND MINIMIZATION Three alternative sites were considered for a potential location of the proposed project. The proposed selection considered the environmental impacts, cost, and project purpose and need. A depiction of the alternative site locations relative to the proposed MGP site is provided in Figure 1 on page 3. A brief description of each alternative site is listed below: Alternative Site 1: located at 1208 E. Broad Avenue (34.924958, - 79.751676) is the former site of Winn -Dixie grocery. MGP considered demolishing the Winn -Dixie box and constructing the proposed grocery store in its place, however, a suitable design was not possible with poor visibility from Broad Avenue to the south. Alternative Site 2: located at 1320 E. Broad Avenue (34.921703, - 79.751676) would require demolishing an older retail strip (estimated cost of $200,000). The site would have access but no signalized intersection. In addition, the property seller is asking for Pre - Construction Notification S &ME Project No. 4335 -15 -061 Proposed MGP Rockincgham Retail Development June 19, 2015 more than $2- million (not including demolition costs). Land costs over $2- million make the economics of the project highly uncertain. Alternative Site 3: is located on a 24.37 -acre adjacent parcel (34.917775, - 79.735411) to the proposed MGP site. The site owner is unwilling to subdivide the parcel. Based on review of National Wetlands Inventory data, the parcel is predominately forested wetland. Impacts to the wetlands would likely require a USACE Standard Permit and substantial compensatory mitigation. In addition, the owner is asking $2.5- million, which as in alternative site 2, renders the economics of the site uncertain. Figure 1: Alternative Site Evaluation The proposed MGP site is preferred over the evaluated alternative sites. In addition to being located on a signalized intersection, the site would achieve MGP's branding requirements; alternative 2 would place the MGP store across from an existing Save -A- Lot and alternative 1 would place the MGP store in an old Winn Dixie location, thus associating MGP with the Winn Dixie brand. Pre - Construction Notification Proposed MGP Rockinqham Retail Development S &ME Project No. 4335 -15 -061 June 19, 2015 PROTECTED SPECIES AND CULTURAL RESOURCES Protected Species S &ME's review of potential protected species habitat entailed a literature review of existing records obtained from federal and state sources to identify documented records of protected species. The USFWS list of federally protected species (updated March 9, 2015) was consulted for a listing of protected species documented within Richmond County, North Carolina. This review identified two plant species and two animal species. Listed fauna and flora and their federal status are identified in Table 1. Explanations of rankings are included at the end of the table. Table 1: Federally Protected Flora and Fauna Summary Species Federal Rank* County Status Habitat Present Rhus michauxii Michaux's sumac (vascular E Current No plant) Lysimachia asperulaefolia Rough - leaved loosestrife E Current No (vascular plant) Picoides borealis Red - cockaded woodpecker E Current No (vertebrate animal) Haliaeetus leucocephalus BGPA Current No Bald eagle (vertebrate animal) E = Endangered, BGPA = Bald and Golden Eagle Protection Act S &ME completed a field reconnaissance of the project area in March 2015. The project area was identified as consisting of riparian forested wetland and mixed hardwood upland. Upland areas within the project site are vegetated with immature tree species. Based on the current site conditions and vegetation within the project area, the proposed project is not likely to affect these species. A copy of this NWP No. 39 application is being provided to the USFWS — Raleigh Field Office. Cultural Resources A copy of this NWP No. 3 application will be provided to the North Carolina State Historic Preservation Office (SHPO), requesting that they review their records regarding cultural, archaeological, or historical resources in or near the project area and to provide written comments regarding the interests of their agency. A review of the SHPO GIS Web Service indicated that there were no properties currently listed or determined 4 Pre - Construction Notification S &ME Project No. 4335 -15 -061 Proposed MGP Rockingham Retail Development June 19, 2015 eligible for listing in the National Register of Historic Places within a one -mile radius of the project. In the event archaeological or paleontological remains are found during the course of project construction, and in accordance with NWP regional conditions, construction will be halted and USACE, SHPO, and the Office of State Archaeology will be notified. REGULATORY CONSIDERATIONS Sediment and erosion control Best Management Practices (BMPs) will be employed in order to comply with the appropriate turbidity water quality standards. These BMPs shall be consistent with specifications governing their proper design, installation, operation and maintenance, as outlined in the most recent version of the "North Carolina Sediment and Erosion Control Planning and Design Manual" and approved by the local governing authority. Sediment and erosion control measures are not anticipated to be placed below the ordinary high water mark. Impacts have been avoided and minimized, and appropriate measures will be taken during construction to allow flow and circulation patterns of waters of the U.S. to remain unaffected. The proposed project will result in impervious surface which exceeds 24% within the project area. However, the project is located in an area without a stormwater management program according to the NCDENR Stormwater Permitting Map Viewer. S &ME understands that Bohler Engineering verified with City of Rockingham officials that a stormwater management plan was not required for the project. The project is located outside of and will therefore not disturb the Federal Emergency Management Agency (FEMA) designated 100 -year floodplain, and complies with state and local floodplain management requirements. PROPOSED COMPENSATORY MITIGATION There is no private mitigation banking instrument in the project watershed. To mitigate for the proposed 0.47 acre of impact, MGP has requested and received acceptance for payment to the North Carolina Division of Mitigation Services. A copy of the acceptance letter is provided in Appendix V. A completed copy of the N.C. Wetland Assessment Method (NCWAM) form is included in Appendix IV. 5 Pre - Construction Notification S &ME Project No. 4335 -15 -061 Proposed MGP Rockinqham Retail Development June 19, 2015 CLOSING By copy of this correspondence and completed PCN, we are requesting your written concurrence with this application for project authorization under NWP No. 39, WQC 3890. If you have questions or need additional information, please feel free to contact us at 704.523.4726. Sincerely, S &ME La,,,, A - pmo'� Darrin M. Peine, QEP Natural Resources Project Manager Attachments Cc: USFWS — Raleigh Field Office NC SHPO Bohler Engineering Ch is Daves, P.W.S. Natural Resources Senior Project Manager APPENDIX I Pre - Construction Notification 1 1 P t�r 7 P 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: 1 b. Specify Nationwide Permit (NWP) number: 39 1 c. Has the NWP or GP number been verified by the Corps? ❑x Section 404 Permit ❑ Section 10 Permit or General Permit (GP) number: ❑ Yes ❑No 1 d. 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 For the record only for DWQ because written approval is not required? 401 Certification: ❑ 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. 1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? 2. Project Information 2a. Name of project: MGP Rockingham Retail Development 2b. County: Richmond 2c. Nearest municipality / town: Rockingham 2d. Subdivision name: N/A 2e. NCDOT only, T.I.P. or state project no: I N/A 3. Owner Information For the record only for Corps Permit: ❑ Yes ❑x No ❑x Yes ❑ No ❑ Yes ❑x No ❑ Yes ❑x No 3a. Name(s) on Recorded Deed: Richmond Hospitality LLC; Fire Mountain Restaurants, LLC 3b. Deed Book and Page No. 1481/331; 1347/319; 3c. Responsible Party (for LLC if Samir Patel, Julie Hatfield applicable): 3d. Street address: see parcel and ownership information (Appendix II) 3e. City, state, zip: see parcel and ownership information (Appendix II) 3f. Telephone no.: see parcel and ownership information (Appendix ll) 3g. Fax no.: 3h. Email address: see parcel and ownership information (Appendix ll) 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: contract purchaser 4b. Name: Ryan Berger, Construction Manager 4c. Business name MGP Retail Consulting, LLC (if applicable): 4d. Street address: 1500 Sunday Drive, Ste. 101 4e. City, state, zip: Raleigh, NC, 27607 4f. Telephone no.: 703 - 755 -5478 4g. Fax no.: 4h. Email address: 5. Agent /Consultant Information (if applicable) 5a. Name: Darrin Peine 5b. Business name S &ME, Inc. (if applicable): 5c. Street address: 9751 Southern Pine Blvd 5d. City, state, zip: Charlotte, NC 28273 5e. Telephone no.: 704 - 523 -4726 5f. Fax no.: 704 - 525 -3953 5g. Email address: dpeine @smeinc.com Page 2 of 10 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): I see parcel and ownership information (Appendix II) 1 b. Site coordinates (in decimal degrees): I Latitude: 34.91659 Longitude: - 79.73544 1c. Property size: 2. Surface Waters 2a. Name of nearest body of water to proposed project: 2b. Water Quality Classification of nearest receiving water: 2c. River basin: 5.19 acres Murphys & Lees Pond; UT -South Prong Falling Creek 13- 39- 12 -11 -4, Class C Yadkin Pee -Dee (HUC 03040201) 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 currently wooded. Land use in the vicinity of the project includes commerical, residential, and roadways. 3b. List the total estimated acreage of all existing wetlands on the property: 1.33 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 0 3d. Explain the purpose of the proposed project: construct a new grocery store and associated parking and stormwater management facility in Rockingham, NC 3e. Describe the overall project in detail, including the type of equipment to be used: The project involves development of the site as a commercial /retail facility. Standard construction equipment will be used to construct the facility. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the ❑ Yes ❑ No ❑x Unknown Corps or State been requested or obtained for this property / project (including all prior phases) in the past? Comments: 4b. If the Corps made the jurisdictional determination, what type of determination was made? El Preliminary El Final 4c. If yes, who delineated the jurisdictional areas? Agency /Consultant Company: Name (if known): Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. 5. Project History 5a. Have permits or certifications been requested or obtained for I ❑ Yes ❑X No ❑ Unknown this project (including all prior phases) in the past? 5b. If yes, explain in detail according to "help file" instructions. 6. Future Project Plans 6a. Is this a phased project? 6b. If yes, explain. ❑ Yes E] No 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 ❑ Streams —tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction 2. Wetland Impacts Stream name Perennial (PER) or Type of Average Impact number intermittent (INT)? jurisdiction stream If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. width 2a. 2b. Temporary (T) 2c. 2d. 2e. 2f. Wetland impact Type of impact Type of wetland Forested Type of jurisdiction Area of number S3 - Choose one - - Corps (404,10) or impact Permanent (P) or - - S5 - DWQ (401, other) (acres) Temporary (T) S6 - Choose one - - W1 P Fill Unknown Yes Corps 0.47 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: 0.47 2h. Comments: 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. 3b. 3c. 3d. 3e. 3f. 3g. Stream impact Type of impact Stream name Perennial (PER) or Type of Average Impact number intermittent (INT)? jurisdiction stream length Permanent (P) or width (linear Temporary (T) (feet) feet) S1 - Choose one - - S2 - Choose one - - S3 - Choose one - - S4 - Choose one - - S5 - Choose one - - S6 - Choose one - - 3i. Comments: No Stream Impacts Proposed for this Project 3h. Total stream and tributary impacts 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 individually list all open water impacts below. 4a. 4b. 4c. 4d. 4e. Open water Name of waterbody impact number (if applicable) Type of impact Waterbody Area of impact (acres) Permanent (P) or type Temporary (T) 01 - Choose one Choose 02 - Choose one Choose 03 - Choose one Choose 04 - Choose one Choose 4f. Total open water impacts 4g. Comments: No Open Water Impacts Proposed for this Project 5. Pond or Lake Construction If pond or lake construction proposed, then complete the chart below. 5a. 5b. 5c. 5d. 5e. Pond ID number Proposed use or Wetland Impacts (acres) Stream Impacts (feet) Upland purpose of pond (acres) Flooded Filled Excavated Flooded Filled Excavated P1 Choose one P2 Choose one 5f. Total: 5g. Comments: No Pone or Lake Construction Proposed for this Project 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. 6c. 6d. 6e. 6f. 6g. Buffer Impact Reason for impact Stream name Buffer Zone 1 Zone 2 number— mitigation impact impact Permanent (P) or required? (square (square Temporary (T) feet) feet) B1 - B2 - B3 - B4 - B5 - B6 - 61. Comments: No Buffer Impacts Proposed for this Project Page 5 of 10 Yes /No Yes /No Yes /No Yes /No Yes /No Yes /No 6h. Total Buffer Impacts: D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for ❑x Yes ❑ No impacts to Waters of the U.S. or Waters of the State? 2b. If yes, mitigation is required by (check all that apply): ❑ DWQ ❑x Corps ❑ Mitigation bank 2c. If yes, which mitigation option will be used for this ❑ X Payment to in -lieu fee program project? ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: Type: Choose one Quantity: 3b. Credits Purchased (attach receipt and letter) Type: Choose one Quantity: Type: Choose one Quantity: 3c. Comments: 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. ❑Q 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: 0.47 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 ❑ Yes ❑x No buffer mitigation? 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. 6c. 6d. 6e. Zone Reason for impact Total impact Multiplier Required mitigation (square feet) (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 1a. Does the project include or is it adjacent to protected riparian buffers identified ❑ Yes ❑x 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? 54.9% 2b. Does this project require a Stormwater Management Plan? ❑ Yes ❑x No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: Based on conversations with City of Rockingham officials, a Stormwater Management Plan is not required. 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: 2e. Who will be responsible for the review of the Stormwater Management Plan? 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? 3b. Which of the following locally - implemented stormwater management programs apply (check all that apply): 3c. Has the approved Stormwater Management Plan with proof of approval been attached? 4. DWQ Stormwater Program Review 4a. Which of the following state - implemented stormwater management programs apply (check all that apply): 4b. Has the approved Stormwater Management Plan with proof of approval been attached? 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? 5b. Have all of the 401 Unit submittal requirements been met? INA City of Rockingham ❑ Phase II ❑ NSW ❑ USMP ❑ Water Supply Watershed ❑ x Other: ❑ Yes ❑x No ❑Coastal counties ❑HQW ❑ORW ❑Session Law 2006 -246 ❑x Other: ❑ Yes ❑x No ❑ Yes ❑ No ❑ Yes ❑ No Page 8 of 10 PCN Form — Version 1.4 January 2009 F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1 a. Does the project involve an expenditure of public (federal /state /local) funds or the ❑ Yes Q 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)? 1 c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval letter.) ❑ Yes ❑ No Comments: 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 Q No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after - the -fact permit application? ❑ Yes Q 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 I ❑ Yes El 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. The proposed project site is located within an area of existing commercial development (i.e., retail, restaurants, residential). 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. Facility generated wastewater will be connected into an existing municipal sewage collection and treatment system 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 ❑x 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? USFWS County list of North Carolina. A copy of this application is being provided to the USFWS Raleigh Field Office. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? I ❑ Yes ❑x No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? The project is not located near any of the coastal areas where North Carolina's areas of Essential Fish Habitat have been designated. 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? A review of the SHPO GIS Web Service. A copy of this application is being provided to the SHPO. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA- designated 100 -year floodplain? 8b. If yes, explain how project meets FEMA requirements: 8c. What source(s) did you use to make the floodplain determination? FEMA floodplain maps, panel 7472, map # 3710747200J, dated October 16, 2007 ❑ Yes Applicant/Agent's Printed Name Applicant/Agent's Signature (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 10 of 10 ❑x No 6/15/2015 Date APPENDIX II Copy of Preliminary Jurisdictional Determination & Supporting Documentation March 25, 2014 Wilmington Regulatory Field Office US Army Corps of Engineers, Wilmington District 69 Darlington Avenue Wilmington, North Carolina 28403 Attention: Mr. Josh Mitchell; Regulatory Specialist Reference: Preliminary Jurisdictional Determination Request & Supporting Documentation Proposed MGP Rockingham Retail Development Highway 74 Business Rockingham, Richmond County, North Carolina S &ME Project 4335 -15 -061 Dear Mr. Mitchell: On behalf of our client (Bohler Engineering NC, PLLC) S &ME, Inc. (S &ME) hereby submits this preliminary Jurisdictional Determination request. In support of this request, please find enclosed the following: • Jurisdictional Determination Request Form • Preliminary Jurisdictional Determination Form • Parcel and Ownership Information Attachment • Agent Authorization forms completed by Property Representatives • Figures —USDA- NRCS Soil Survey Map (Figure 1), USGS Topographic Map (Figure 2), Color Aerial and Topographic Map (Figure 3), Feature Map (Figure 4), National Wetlands Inventory Map (Figure 5), FEMA Flood Zone Map (Figure 6), National Hydrography Dataset Map (Figure 7), NC NHP Elemental Occurrences Map (Figure 8), NC SHPO Historic Site Map (Figure 9) • ALTA/ASCM Land Title Survey, Boundary and Topographic Survey for MGP Retail Consulting, LLC. • USACE Routine Data Forms • Site Photographs Please let me know when you are available to review the jurisdictional feature on -site. If you have questions or need additional information, please contact me at 919.801.3798. Sincerely, S &ME Walter Cole, L.S.S., R.E.H.S. Project Manager Ashley Steele Staff Scientist S &ME, INC. / 3201 Spring Forest Road / Raleigh, NC 27616 / p 919.872.2260 f 919.790.8909 / www.smeine.com Jurisdictional Determination Request II. II I II III I A II II I 1 1 II 11 mill I IN I Im 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 to the appropriate Corps Field Office (or project manager, if known) via mail, electronic mail, or facsimile. A current list of county assignments by Field Office and project manager can be found on -line at: htty: / /www.saw.usace.artnv. mil / Missions /RegulatorvPennitProgram.asI)x , by telephoning: 910 - 251 -4633, or by contacting any of the field offices listed below: ASHEVILLE REGULATORY FIELD OFFICE 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 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) 2514025 Version: December 2013 Page 1 jurisdictional Determination Request JNSTRUCTIONS: All requestors nikist ca niplete Pa its A, B, C, D, E a tad F. N9M-TO CONSULTANTS AND AGENCIES- If you are requesting a JD on belialf of a Paying client Or YOUT -agency. please note the spec i tic submittal requirements in Pan G. NOTE ON PART - D — PROPERTY _Q_"ER A UTHOR TZATION; Flcasc be aware that al I JD requem MUSA incl Lide the cum proptTty owner authunintion for the Corps to proceed wilh the determinatimi, which may include inspection of the property when momary. This form muss be signed by the current property owner to be considered a complete rquesc NO-1E QN PALL12 --NCDOT REOUESTS; Propeny owner authorization/notification for ID requews aswiated with N Carolina Dcpartment of Transportation (NC DOT) projects will be conducted accor4ing sa tho co rent WDOWUSACE prowcots. NOTE TO USDA PROGRAM PARTICIPANTS. A. Corps approved or pre] im inary JD may nol Inc valid foc the wetland conservation provisions of the Food Security Act of 1995. If ,you or your Lr-nant mir U.SDA.ProgTarn participants, or ani icipa(c parlicipalion in USDA programs, you should also request a certified wetland dttermirwiikyn Ism I (k Weal of of the Natural Resouires Comqervafjon Service, p6or to marring work. Version: December ZO 13 Page 2 Jur9i dictional Determination Request A� PARCEL iNFORN TION Street Address. See atuchecl parcel inkmmo i m table City, Std: Counter: — _ Direclions, 71* prujee.. is bucmlpd glUqq US H' Td E@1 and w9ai or ciefrgmr Rtmr1. Tha p1hysocal address is 1 t 1 Fflgh+my 74 -E%1, Ruck Wham, KC. Parcel Index Nurnben(s) (PIN)- See eltaclad panel PnrCm&1 im thWa Vii, REQUESTOR INIFORA+IATION Nzimr. WOW CoIsoiSAME, Inc. MLJ 1136% Address: 3N I FwW Road, RMOV. NC 278110 Telephone Nuni r_ blcctran [c Mai l Address': - Seseel 01)U: 0 1 am the Current PrOptTty ovLrncr. I aman Authorized Agent or Environmental Con %ulrant` LJ Interested BuYe�r Or UndVr C0111TUl to Ktroita&e.. their. pig cxplai n. C. PROPERTY OWNER INFORMATION Ala SIraL:hLLd awntimh p ti6k: Mailing Address, Telephone Nu11r,1 r_ Electronic Mail Address le ►f of Owncrbhip Attached {e. g. a caper oi' Deed, County I f ParccVTax Record date If awl lable Must attach completed Agent AutMriration Firm If available Version: December 2013 Page 3 Jurisdfctionatl Determination Request D} PRO PERTY OWNER t`ERTIFICATION4 I, the undersigned, a July authonized owner of record of the proWyiprrrpert ca identified herein, do authorize representattiresf the 'ilringtnn District, U.S- Army of nirccrs (Corps) to inter ups the property herein dewrib t for the purpose of coMuclins ors -site invcstigations and issuing a determination associated with Waters of the U.S. subject to Federal 06Wiction under S ecl.l ern 404 of the Clean Water ° Act and. ;rrr Sff011311 10 of the Rivers and Harbors Act of 199. See attached agant authorizati -ons. 13 ropert�y Gwner (plcase print;M Datc Property !QWncr Signature E. JURISDICTIONAL DETERMINATION TYPE Select One - 1 am revue -ring that the Corps provide a vreiiminary JD fir the pmvperty identified herein. This request does ML:Iude a e Irncglion. 21 1 ain rejur-%tirig, that the Corps provide a weliminary JD for the property identified herein. This request doeq NOT ineJude a dclineati jurisdictional Determination Request. F. ALL REQUESTS 21 MAP Of PTOPCrty car Project area (affa d). n is Map must c1cariy dcp cl the boundaries Of the RMa of CValuatain- IJ Size of Property or Procct ,Area 5.11 acres Yeri fyr that the property? (or project) boundaries have rece ttlyf been surveyed and mark - ed by a licensed land surveyor OFP, are otherwise clearly marked or distinguishable- G. JD REQUESTS FROM CONSULTANT'S OR AGENCIES I I) Prcl irninary JD requests: ® Completed and - signed Prelaminary auri:iciional Delennineition Ff)rrn6. 73544 34.!916S9 Project Coo�+dinatcb: Latitude -79 - Longitude Maps (no largeT than l l x l') with Froject B- undary Overlay: Large and sTrwil c ie maps that do f,ict, at ruin i rnum. streets, intersections, towns ® Aerial :Photognaphy of the project area U � S Topographic Maps ® Soil Sumey l0ap R1Other Maps, as approlviale (c -g- Naaional WcIbmd Invcntory ]slap, Proposed Site Plan} previous delineation maps, LIDA R triaps,, FEMA fl plain map&) See Appendix .A of this Form. tram RegulataryGuldance Letter Ka. 06-02, dated June 26 2MR Version! r!ecemher 2 011 Pate 5 Jurisdictional Determination Request Delineation Information (when applicable): Wetlands: aWetland Data Sheets Tributaries: USACE Assessment Forms P-1 Upland Data Sheets ❑ Other Assessment Forms (when appropriate) RLandscape Photos, if taken ❑ Field Sketch overlain on legible Map that includes: ■ All aquatic resources (for sites with multiple resources, label and identify) ■ Locations of wetland data points and/or tributary assessment reaches • Locations of photo stations ■ Approximate acreage /linear footage of aquatic resources (2) Approved JDs including Verification of a Delineation: ❑ Project Coordinates: Latitude Longitude Maps (no larger than 1 I x 17) with Project Boundary Overlay: ❑ Large and small scale maps that depict, at minimum: streets, intersections, towns ❑ Aerial Photography of the project area ❑ USGS Topographic Map ❑ Soil Survey Map ❑ Other Maps, as appropriate (e.g. National Wetland Inventory Map, Proposed Site Plan, previous delineation maps) 1987 Manual Regional Supplements and Data forms can be found at: htto: / /www.usace.armv.mil/ Missions/ CivilWorks /ReaulatorvProeramandPermits /ree suoD.asox Wetland and Stream Assessment Methodologies can be found at: httD: / /oortal.ncdenr.orR /c /document library /eet file ?uuid= 76f3c58b -dab8- 4960- ba43- 45b7faf06f4c &erouold =38364 and, htto: / /www. saw.usace.armv.mil/ Portals /59 /docs /regulatory /DUblicnotices /2013 /NCSAM Draft User Manual 130318.Ddf s Delineation information must include, at minimum, one wetland data sheet for each wetland /community type. Version: December 2013 Page 6 Jurisdictional Determination Request Delin atlon Information (when applicable)- 'ri lands; Wc tland Data Shocls9 Upland Data Sheets Landscape PhDics, if taken T iion its ; u USACE Asmum Ml Forms Fuld Sketch overlain on legible Map that includes: # 01hcr .Ass smcnt Forms (wk" apprvprialc) All aquatic resources (for siics w°il h multiple resources, labcl and idcntify) L,Lw;atlon� c, f wetl d. data prjlnL� and)or tributary &,L�c5 --ent reaches # Locati031s o t pitotO StMiOnS o }approximate acreage0inear footagc of aquatic resources SupimpTlIrlg Am isdictionat Jnfinnnation (for Ap ved JIM only) AppFoved Jurisdictional f3cter.minall on. Forms) (also known as "Rapancrs Formon MgXs) depicting the polential (or tack of polcmt al') hydrologic a rtimeetior s}. adjacmy. etc. to navigable w a,l . 4 Dellneatlon Inf4.rmatlan must include, at minimum, one wetland data sheet for each wetland/community type. Verslan December 2013 [gage 7 1. jurisdictional Determination Request REQUESTS FOR CORPS APPROVAL OF SURVEY PLAT Prior to renal prnducti'on of Plat, the Wilmington District recommends "t the Land Surveyor electronically submit a draft of a Survey 'plat to the Corps pro= manager for review. Due to strtamg e I ImitAtioTis of our a dminis"rivo Twoods, the Corps requires that all hard- copy submittals include at least one orit!irial Flat (to scale) that is no larger than I I "x 17" (the use of match lines for larger tracts acceptable ). Additional copies of a plat, including those. larger than I I "x I7 ", rnayt also be submitted for Corps signature as needed. The Corps also accepts clec"nic submittals of pints, 5wh as thc-e tmmsrrodhed a-% : Portable D(=rnent Forma (PDF) file. Upon verification, the Corps care electronically sign these plats wed return Ahem via a -mail to the re uestor. (1) PLATS SUBM11FTF-D FOR APPROVAL DMust be se.6, and signed by a licensed professional land. surveyor 'M Lost be tka scale (all mops must irwludc loth a gWbic Wile and a verbal scale) 0 N7 ust k legible ® Mu -fit irw ude a Nonh Arrow, Scales), Title* Property Infermation F-I 41ut irtrlvdr leille'4T'Ff [liriet Table of distances and bearingmetes and boundsKiN coordinates of all surveyed delineation: points Must KJearly depict surveyed px r-rly OT PrOjeCt boundaries Mum clearly{ identify the known surveyed pvInt(s) u,-iW as rcF rera (ti -g. property comer, t.JSGS rnonum n0 ® Whcn wetlands arc depicted; • Must include 00reage (rir 'W4uare fou age ) of weiland polygons Mum idcntiify each wvland plygnn using an alphanumeric system Version; December 203 Page 8 Jurisdictional Determination Request IDWhen tributaries are depicted. ■ Iy+J:uV includc either a survey4 approxinfflle cen(erl i ne of tributary with approximair, width of tributary OR surycycd f ?rrl i nary Fligh Water Marks (OHWM) of tributary t Muot Wntify e h triilkum ry using, an alphanumeiiC systey5 • Mluai include linear footage of tributaries attid calculaled ztrru {„sing appmXi mate widths ar mmcyed 0AWM ) Must include name of tributary (based *n the mast runt U SUS taporraph is ramp) or, when no USGS Fmnte ex isis, identify aS `Lunrtwned tributary'. fall def roil oU4.3 (weiland polygons and tributary lines) must intersecl or tie -to surveyed pnijea pr ope-T`ty k undarics Mu--se include the kwwlmi of wctlan+d data points and/or tributary assessment reachew Must include, labs] accordingly, and depicl acreage of all waters not currently subj t to the mquircnnmts of the CWA (e.& "isolated wetlands', '1110m- jurisdictional water'). NOTE: An appm vcd JD must be conducted in order to make an official Corps determination that a Pffilicular waterbody or wetland is not Jurisdictional. Must inckxle .and mrvey all existing 0anveyancew (pips, � ulvcr , ctc,) that trait WOUS Version: DcTymber 2011 Page. 9 jurisdictional Determination Request (2) CERT[FFCATION LANGUAGE F] When the entire actual Jurisdictional B un dare° is decicted - include t1v following Corps Certificialim language: -This cer-ti ies that dais copy of this plot accurately depicts the boundary of tJhelurisdiction of Section 404 pf [be Veofe WarerAut os determorned bV the underss gfledort tN5 dote. Unicss there is o change fn the law cw vur pubfished regviotions, the determination of 5ectrion 404 juri:vdKtbn may be reiie4,wpon for a,perrodnot to exceedf+w+e f5) years froff? tNs date, The undersogimed com&ted this dete.rmirmum uvfozon!g the opprotrriute R ivnat Stopp;emnt to the 1987 U.S. Army Corps of Engineers WeVonds De�iaearrarr Marnuo�." Aegulatory Official: To Date, ElWhen utaland_s rr av be ItStesrnt wltfttn a dienicte�d Juri.'AILLUtorud Boundar3r_ include the fol towing Corps Certification language: "`This oer-tefies that This copy of this , tat i IentjTjes oil rrreo5 of worm of the United Stores reguloted pursuanI to Secbof) 404 of the CXeon Water Act as defern in by the .0 dersigned on this -date. [Jn?L°ss there j� - change in the taw or our pubs hgd reguiiptiorr, this determinerrion of Section 404 jv6s ktion maV be relied.UpOn ,for0 periad rrvt tO exceed five years from this date_ T urrdersiyned cier:npWed this determination utilizing the appropriate Regiorrci .5uppJement to tlxe 1; 7 Jf.S Army CoTg5 of Engineers Wer�onds Dedin tiort M-betuot."' Regulatory Official: Ti6ie- € trfee U.S ACE Action JV No. Version: December 201.3 Page 1, 0 Jurisdictional Determination Request I I I III II mill I I I I I II III IN II I III 11 11 I �� (3) GPS SURVEYS For Surveys prepared using a Global Positioning System (GPS), the Survey must include all of the above, as well as: be at sub -meter accuracy at each survey point. include an accuracy verification: One or more known points (property corner, monument) shall be located with the GPS and cross - referenced with the existing traditional property survey (metes and bounds). ❑ include a brief description of the GPS equipment utilized. Version: December 2013 Page 11 ATTACHMENT PRELIMINARY JURISDICTIONAL DETERMINATION FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PRELIMINARY JURISDICTIONAL DETERMINATION (JD): March 25, 2015 B. NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD: Mr. Walter Cole of S &ME, Inc. 3201 Spring Forest Road, Raleigh, NC 27616 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The project is located along US Highway 74 East and west of Clemmer Road. The project is a proposed retail development site. (USE THE ATTACHED TABLE TO DOCUMENT MULTIPLE WATERBODIES AT DIFFERENT SITES) State: NC County /parish /borough: Richmond City: Rockingham Center coordinates of site (lat /long in degree decimal format): Lat. 34.916590 N, Long. - 79.73544° W. Universal Transverse Mercator: NAD 83 Name of nearest waterbody: Murphys Pond and Lees Pond, UT- South Prong Falling Creek Identify (estimate) amount of waters in the review area- Non-wetland waters: 0 linear feet: width (ft) and /or acres. Cowardin Class: N/A Stream Flow: N/A Wetlands: 1.33 acres. Cowardin Class: Forested Name of any water bodies on the site that have been identified as Section 10 waters: Tidal- Non-Tidal- E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑ Office (Desk) Determination. Date: ❑ Field Determination. Date(s): 1. The Corps of Engineers believes that there may be jurisdictional waters of the United States on the subject site, and the permit applicant or other affected party who requested this preliminary JD is hereby advised of his or her option to request and obtain an approved jurisdictional determination (JD) for that site. Nevertheless, the permit applicant or other person who requested this preliminary JD has declined to exercise the option to obtain an approved JD in this instance and at this time. 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 approved JD for the activity, the permit applicant is hereby made aware of the following: (1) the permit applicant has elected to seek a permit authorization based on a preliminary JD, which does not make an official determination of jurisdictional waters; (2) that the applicant has the option to request an approved JD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an approved JD could possibly result in less compensatory mitigation being required or different special conditions; (3) that 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) that 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) that undertaking any activity in reliance upon the subject permit authorization without requesting an approved JD constitutes the applicant's acceptance of the use of the preliminary JD, but that either form of JD will be processed as soon as is practicable; (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 preliminary JD constitutes agreement that all wetlands and other water bodies on the site affected in any way by that activity are jurisdictional waters of the United States, and precludes any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an approved JD or a preliminary JD, that JD will be processed as soon as is practicable. Further, an approved JD, 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, and that in any administrative appeal, jurisdictional issues can be raised (see 33 C.F.R. 331.5(a)(2)). If, during that administrative appeal, it becomes necessary to make an official determination whether CWA jurisdiction exists over a site, or to provide an official delineation of jurisdictional waters on the site, the Corps will provide an approved JD to accomplish that result, as soon as is practicable. This preliminary JD finds that there "maybe" waters of the United States on the subject project site, and identifies all aquatic features on the site that could be affected by the proposed activity, based on the following information: 2 SUPPORTING DATA. Data revi,owed fro r p r el irni nary J D (c heck all that appl y - chocked items should be included in case file and, where checked and requested, appropriately reference sources below): N Me p°sr plans, p lots o r plat submitted by o r on be Ira If of the applicarrllconsulta nt= E Cata shee preparedisubmitted by or on behalf of the applicaWconsultant_ ❑ C)ffke eomurs with data sleets ?delineation report, 0 mace does not concur with -data sh-eetsIdelineation report_ ❑ Data shy ft prepared by the Corps: ❑ Corps navigable gyrators' study: U.S. Geological Survey Hydrologic ,atlas: M USES NHD data DUSGS 8 and 12 digit. HUC maps. U.S. Geological Suzy rnnp( )- Cite scale & quad name: 01: USGS Harrill Topographic Quadrang6, 1 24,000 scale. Z USDA Natural Resources roes Conservation Service Soil Survey. itation:199 U DA -NRCS Published Soil Surrey of Richmond Counter, NC, Sheet 8., National wetlands invento ry map(s). Cite name: UPS F'M`S Nom!' I data layer. Statell-ocal wet Bard inventory rnap(s ): FEIVINFIRLI maps; NC Flood Risk Information System Frichmond County shapefile. ❑ 100 -year Fkr pla in Elevation is: (National Geodeeti e Vertical Datum of 1929) E Photographs: 2] Aerie l (Name & Datie) :Peconorna p, corn aerial ortheirriagery layer, 2010 or N Oth e r ( Nam e & Date): Site photos taken by W. Col e in march 015_ ❑ Pr~eviou s determ inatin n(s). IFi le no. a nd date of resp•a n se letter_ [ I Other inf oration (please specify'): I M PGRTA NT NOTE : the info rrnat.i o n recorded on th is fbirm has net necessarily been veirifed by the Corps and should not be railed upon for later liurlsdieflorud date rrn i n afions. Signature and date of Regulatory eject Manager (REQUIRED) Swgnat re(1� date of persco requesting preliminary JD (REQUIRED. unless obtaining the signature is impracticable) Site Latitude Longitude Cowardin number Class Wetland 34.91663 - 79.73650 Forested A M Estimated amount of aquatic resource in review area 1.33 acres Class of aquatic resource Non section 10 — wetland PARCEL AND OWNERSHIP INFORMATION- PROPOSED MPG ROCKINGHAM RETAIL DEVELOPMENT A. Parcel Information Parcel # Owner Street Address City, State County PIN 1 Richmond Hospitality LLC 111 Highway 74 East Rockingham, NC Richmond 747202957304 2 Fire Mountain Restaurants, LLC Highway 74 East Rockingham, NC Richmond 747202953492 3 Fire Mountain Restaurants, LLC N/A Rockingham, NC Richmond 747202955663 C. Property Owner Information Parcel # Owner Name Attention: 1 Richmond Hospitality LLC Samir Patel 2 Fire Mountain Restaurants, LLC Julie Hatfield 3 Fire Mountain Restaurants, LLC Julie Hatfield Street Address 17780 Ditch Dr., #105 1020 Discovery Road, Suite 100 1020 Discovery Road, Suite 100 City, State, Zip Telephone Number: Irvine, CA 92614 949 -502 -6396 Eagan, MN 55121 651- 994 -8608 Eagan, MN 55121 651- 994 -8608 • ELM AGENT AUTHORIZATION AND RIGHT OF ENTRY FORM Date: March 17, 2014 Project Information S &ME Project Name: Proposed Rockingham MGP Type of Project: Commercial Location: 705 US 74 Business, Rockingham, North Carolina. Property Owner/Representative Information Business Name: Fire Mountain Restaurants, LLC Mailing Address: 1020 Diiscovery Road, Suite 100 City, State, Zip Code: Eagan, MN 55121 Telephone No. 651- 994 -8608 Contact: Julie Hatfield Agent Information Business Name: S &ME, Inc. Street Address: 3201 Spring Forest Road City, State, Zip Code: Raleigh, NC 27616 Telephone No, 919- 872 -2660 Contact: Walter Cole Authorization: 1� 14_ , on behalf of Jason Smith, authorized on behalf of (Contact Signature) Fire Mniintain Res#aiiranis I I C: , (Name of Landowner or Representative) a duly authorized owner of record of the property/ properties identified herein, hereby authorize S &ME to act as agent with the USCAE in connection with the above - mentioned project. I also authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) to enter upon the property herein described for the purposes of conducting on -site investigations and issuing a determination associated with Waters of the U.S. subject to Federal jurisdiction under Section 404 of the Clean Water Act and/ or Section 10 of the Rivers and Harbors Act of 1889. AGENT AUTHORIZATION AND RIGHT OF ENTRY FORM Date: March 17, 2014 Project Information S &ME Project Name: Proposed Rockingham MGP Type of Project: Commercial Location: 705 US 74 Business, Rockingham, North Carolina. Property Owner/Representative Information Business Name: Mailing Address: '� $�C V�\ City, State, Zip Code: t C k qa('Dm Telephone No. S D a' & la(v Contact: Agent Information Business Name: S &ME, Inc. Street Address: 3201 Spring Forest Road City, State, Zip Code: Raleigh, NC 27616 Telephone No. 919 - 872 -2660 Contact: Walter Cole Authorization: I SAS; tr Pam l on behalf of (Contact Signature) (Name of Landowner or Representative a duly authorized owner of record of the property/ properties identified herein, hereby authorize S &ME to act as agent with the USCAE in connection with the above - mentioned project. 1 also authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) to enter upon the property herein described for the purposes of conducting on -site investigations and issuing a determination associated with Waters of the U.S. subject to Federal jurisdiction under Section 404 of the Clean Water Act and/ or Section 10 of the Rivers and Harbors Act of 1889. 0 �I ,w F4, 0 , . 500 11;000 m - Feet a` REFERENCE: C y GIS DATA LAYERS WERE OBTAINED FROM THE 1999 USDA -NRCS PUBLISHED SOIL SURVEY OF o RICHMOND COUNTY, NORTH CAROLINA, SHEET 8 AND THE FEBRUARY 2014 RICHMOND COUNTY n PARCEL SHAPEFILE. PLEASE NOTE THIS MAP IS FOR INFORMATIONAL PURPOSES ONLY. IT IS NOT Q Project Area MEANT FOR DESIGN, LEGAL, OR ANY OTHER USES. THERE ARE NO GUARANTEES ABOUT ITS ACCURACY. S &ME, INC. ASSUMES NO RESPONSIBILITY FOR ANY DECISION MADE OR ANY ACTIONS TAKEN BY THE USER BASED UPON THIS INFORMATION. � N SCALE: 1 „ __ 500' FIGURE NO. l0 12 USDA -NRCS SOIL SURVEY MAP p DATE: 03 -24 -15 tS&ME 6 DRAWN BY: A. STEELS PROPOSED MPG ROCKINGHAM RETAIL DEVELOPMENT WWW.SMEINC.COM HIGHWAY 74 EAST PROPOSAL NO: 1 4335 -15 -061 ENGINEERING LICENSE NO: F -0176 ROCKINGHAM, RICHMOND COUNTY, NORTH CAROLINA P Bul 74 Pz Z FEATURE A r �;�t -iSTRA Project Area ". 1 „ = 500' DATE: 03 -24 -15 DRAWN BY: A. STEELE PROPOSAL NO: ` 4335 -14 -061 tS&ME WWW.SMEINC.COM ENGINEERING LICENSE NO: F -0176 � i rIz 1-19 ,; J T , ce it 0 500 r i 1,0 REFERENCE: GIS DATA LAYERS WERE OBTAINED FROM THE 2013 USGS HAMLET TOPOGRAPHIC QUADRANGLE, 1:24,000 SCALE AND THE FEBRUARY 2014 RICHMOND COUNTY PARCEL SHAPEFILE. PLEASE NOTE THIS MAP IS FOR INFORMATIONAL PURPOSES ONLY. IT IS NOT MEANT FOR DESIGN, LEGAL, OR ANY OTHER USES. THERE ARE NO GUARANTEES ABOUT ITS ACCURACY. S &ME, INC. ASSUMES NO RESPONSIBILITY FOR ANY DECISION MADE OR ANY ACTIONS TAKEN BY THE USER BASED UPON THIS INFORMATION. FIGURE NO USGS TOPOGRAPHIC MAP PROPOSED MPG ROCKINGHAM RETAIL DEVELOPMENT HIGHWAY 74 EAST ROCKINGHAM, RICHMOND COUNTY, NORTH CAROLINA ri '. f� REFERENCE. GIS DATA LAYERS WERE OBTAINED FROM THE NCONEMAP.COM 2010 AERIAL ORTHOIMAGERY LAYER, THE 2013 RICHMOND COUNTY CONTOUR SHAPEFILE, AND THE FEBRUARY 2014 RICHMOND COUNTY Contours PARCEL SHAPEFILE. PLEASE NOTE THIS MAP IS FOR INFORMATIONAL PURPOSES ONLY. IT IS NOT MEANT FOR DESIGN, LEGAL, OR ANY OTHER USES. THERE ARE NO GUARANTEES ABOUT ITS _ Project Area ACCURACY. S &ME, INC. ASSUMES NO RESPONSIBILITY FOR ANY DECISION MADE OR ANY ACTIONS TAKEN BY THE USER BASED UPON THIS INFORMATION. SCALE: 1 = 200 FIGURE NO. COLOR AERIAL AND TOPOGRAPHIC MAP DATE: 03 -24 -15 tS&ME DRAWN BY: A. STEELS PROPOSED MPG ROCKINGHAM RETAIL DEVELOPMENT 3 WWW.SMEINC.COM PROPOSAL NO: HIGHWAY 74 EAST 4 4335 -15 -061 ENGINEERING LICENSE NO: F -0176 ROCKINGHAM, RICHMOND COUNTY, NORTH CAROLINA Of Jurisdictional Wetland A, Flags W1.001 -.023, 1.33 acres i 11 F A �y 0 100 200 - O Data Points ILAER O Wetland Flags REFERENCE: ' GIS DATA LAYERS WERE OBTAINED FROM THE NCONEMARCOM 2010 AERIAL ORTHOIMAGE Wetland Boundary `x AND THE FEBRUARY 2014 RICHMOND COUNTY PARCEL SHAPEFILE. PLEASE NOTE THIS MAINFORMATIONAL PURPOSES ONLY. IT IS NOT MEANT FOR DESIGN, LEGAL, OR ANY OTHER THERE ARE NO GUARANTEES ABOUT ITS ACCURACY. S &ME, INC. ASSUMES NO RESPONSIProject Area ANY DECISION MADE OR ANY ACTIONS TAKEN BY THE USER BASED UPON THIS INFORMATI SCALE: 1 = 100 FIGURE NO. DATE: 03 -24 -15 S &ME FEATURE MAP DRAWN BY: A. STEELE PROPOSED MPG ROCKINGHAM RETAIL DEVELOPMENT WWW.SMEINC.COM PROPOSAL NO: HIGHWAY 74 EAST 1 4335 -15 -061 ENGINEERING LICENSE NO: F -0176 ROCKINGHAM, RICHMOND COUNTY, NORTH CAROLINA Of 4vo 0 ,a f• � Aftvmt�. i' � A &, . 11. OWN "�� / /./���� / 0� a . L ! am �t i - r --u 0J _ 250 500 Ik T IF REFERENCE, - s GIS DATA LAYERS WERE OBTAINED FROM THE NCONEMARCOM 2010 AERIAL ORTHOIMAGERY LAYER, I' THE 2014 US FISH AND WILDLIFE SERVICE NATIONAL WETLANDS INVENTORY SHAPEFILE, AND THE NWI Wetlands ` FEBRUARY 2014 RICHMOND COUNTY PARCEL SHAPEFILE. PLEASE NOTE THIS MAP IS FOR INFORMATIONAL PURPOSES ONLY. IT IS NOT MEANT FOR DESIGN, LEGAL, OR ANY OTHER USES. y�..� THERE ARE NO GUARANTEES ABOUT ITS ACCURACY. S &ME, INC. ASSUMES NO RESPONSIBILITY FOR Project Area 'r R ANY DECISION MADE OR ANYACTIONS TAKEN BY THE USER BASED UPON THIS INFORMATION. SCALE: 1 = 250' FIGURE NO. DATE: 03 -24 -15 tS&ME NATIONAL WETLANDS INVENTORY MAP DRAWN BY: A. STEELE PROPOSED MPG ROCKINGHAM RETAIL DEVELOPMENT WWW.SMEINC.COM PROPOSAL NO: HIGHWAY 74 EAST 1 4335 -15 -061 ENGINEERING LICENSE NO: F -0176 ROCKINGHAM, RICHMOND COUNTY, NORTH CAROLINA Of it *vw ek s'. A /yr All— ROOM w i 1 alb erA e r i r c .e FEMA FLOOD ZONE REFERENCE: yi 0.2% ANNUAL CHANCE FLOOD HAZARD GIS DATA LAYERS WERE OBTAINED FROM THE NCONEMARCOM 2010 AERIAL ORTHOIMAGERY LAYER, o THE NC FLOOD RISK INFORMATION SYSTEM RICHMOND COUNTY SHAPEFILE, AND THE FEBRUARY ® 1 %ANN UAL CHANCE FLOOD HAZARD 2014 RICHMOND COUNTY PARCEL SHAPEFILE. PLEASE NOTE THIS MAP IS FOR INFORMATIONAL o PURPOSES ONLY. IT IS NOT MEANT FOR DESIGN, LEGAL, OR ANY OTHER USES. THERE ARE NO GUARANTEES ABOUT ITS ACCURACY. S &ME, INC. ASSUMES NO RESPONSIBILITY FOR ANY DECISION o Project Area MADE OR ANY ACTIONS TAKEN BY THE USER BASED UPON THIS INFORMATION. d _ FIGURE NO. N SCALE: 1 __ 500 FEMA FLOOD ZONE MAP DATE: 03 -24 -15 tS&ME DRAWN BY: A. STEELS PROPOSED MPG ROCKINGHAM RETAIL DEVELOPMENT 6 WWW.SMEINC.COM HIGHWAY 74 EAST PROPOSAL NO: 1 4335 -15 -061 ENGINEERING LICENSE NO: F -0176 ROCKINGHAM, RICHMOND COUNTY, NORTH CAROLINA Of 11 M AFV�711 7 1 Iv C e of °F `MQ Qa -k' r b a o °• r . e. .r • A.. "—'A F G; � ii° + 5 REFERENCE: - GIS DATA LAYERS WERE OBTAINED FROM THE NCONEMARCOM 2010 AERIAL ORTHOIMAGERY LAYER, THE 2014 NATIONAL HYDROGRPAHY DATASET SHAPEFILE, AND THE FEBRUARY 2014 RICHMOND Waterbod ees COUNTY PARCEL SHAPEFILE. PLEASE NOTE THIS MAP IS FOR INFORMATIONAL PURPOSES ONLY. IT IS NOT MEANT FOR DESIGN, LEGAL, OR ANY OTHER USES. THERE ARE NO GUARANTEES ABOUT ITS ACCURACY. S &ME, INC. ASSUMES NO RESPONSIBILITY FOR ANY DECISION MADE OR ANY ACTIONS Project Area TAKEN BY THE USER BASED UPON THIS INFORMATION. SCALE: 1 " _ 500' FIGURE NO. VATIONAL HYDROGRAPHY DATASET MAP DATE: 03 -24 -15 tS&ME DRAWN BY: A. STEELE PROPOSED MPG ROCKINGHAM RETAIL DEVELOPMENT 7 WWW.SMEINC.COM HIGHWAY 74 EAST PROPOSAL NO: 1 4335 -15 -061 ENGINEERING LICENSE NO: F -0176 ROCKINGHAM, RICHMOND COUNTY, NORTH CAROLINA Of EO ID: 33647 Last Observed: 1973 -05 Status: Current Accuracy: 5 - Very Low Category: Animal EO I D: 33647 Last Observed: 1973 -05 Status: Current I—U4 Accuracy: 5 - Very Low Category: Animal EO I D: 680 Last Observed: 2008 -08 -13 Status: Current ' Accuracy: 3 - Medium Category: Plant EO I D: 6934, 9006 Last Observed: 2000 -09 -15 Status: Current Accuracy: 3 - Medium Category: Plant EO ID: 19637 ►! /. -.� °� Last Observed: 1999 -06 -11 Status: Current Accuracy: 3 - Medium w,,,F,c► ,/.� / Category: Plant EO ID: 19240 r F! '. ':�a "'�''''' Last Observed: 1999 -08 -10 44*' Status: Current r. � "� •� �' All Accuracy: 3 - Medium Category: Plant �-. 24294 r Last Observed: 1977 -06 /�u�+►h .P` °° 3 �+ `, .��"' '�.�� EO I D: 5815 Status: Current Last Observed: 1996 -PRE Accurac : 3 - Medium Status: Current Cate or :Animal��w�`� ; g y Accuracy: 5 -Very Low Category: Animal One Mile Search Radius REFERENCE: GIs DATA LAYERS WERE OBTAINED FROM THE NCONEMARCOM 2010 AERIAL ORTHOIMAGERY LAYER, THE JANUARY 2015 INC NATURAL HERITAGE PROGRAM ELEMENTAL OCCURRENCES SHAPEFILE, AND Natural Heritage Elemental Occurrences THE FEBRUARY 2014 RICHMOND COUNTY PARCEL SHAPEFILE. PLEASE NOTE THIS MAP IS FOR INFORMATIONAL PURPOSES ONLY. IT IS NOT MEANT FOR DESIGN, LEGAL, OR ANY OTHER USES. THERE ARE NO GUARANTEES ABOUT ITS ACCURACY. S &ME, INC. ASSUMES NO RESPONSIBILITY FOR Q Project Area ANY DECISION MADE OR ANYACTIONS TAKEN BY THE USER BASED UPON THIS INFORMATION. JldiLt: 1 ° = 2,500 S &ME FIGURE NO. NC NHP ELEMENTAL DATE: 03 -24 -15 OCCURRENCES MAP 8 DRAWN BY: A. STEELE PROPOSED MPG ROCKINGHAM RETAIL DEVELOPMENT WWW.SMEINC.COM PROPOSAL NO: HIGHWAY 74 EAST 1 4335 -15 -061 ENGINEERING LICENSE NO: F -0176 ROCKINGHAM, RICHMOND COUNTY, NORTH CAROLINA Of 1 � 'r M CYBeaunit Mile �t* Beaunit Mill Village,Houses � r -N r A O G � S S 1��.j•�- N' . �^ 1� �y _fie' - �yl L000 000 N O1 Feet ° • Historic Site ' a Historic Site Boundaries REFERENCE: IS DATA LAYERS WERE OBTAINED FROM THE NCONEMARCOM 2010 AERIAL ORTHOIMAGERY LAYER, yi o One Mile Search Radius THE JANUARY 2015 INC STATE HISTORIC PRESERVATION OFFICE POINT AND BOUNDARY SHAPEFILES, AND THE FEBRUARY 2014 RICHMOND COUNTY PARCEL SHAPEFILE. PLEASE NOTE THIS MAP IS FOR o INFORMATIONAL PURPOSES ONLY. IT IS NOT MEANT FOR DESIGN, LEGAL, OR ANY OTHER USES. THERE ARE NO GUARANTEES ABOUT ITS ACCURACY. S &ME, INC. ASSUMES NO RESPONSIBILITY FOR o Project Area ANY DECISION MADE OR ANYACTIONS TAKEN BY THE USER BASED UPON THIS INFORMATION. N SCALE: 1 „ _ 2 000 , FIGURE NO. l0 y NC SHPO HISTORIC SITE MAP DATE: 03 -24 -15 S &ME PROPOSED MPG ROCKINGHAM RETAIL DEVELOPMENT 9 DRAWN BY: A. STEELS WWW.SMEINC.COM PROPOSAL NO: HIGHWAY 74 EAST 1 4335 -15 -061 ENGINEERING LICENSE NO: F -0176 ROCKINGHAM, RICHMOND COUNTY, NORTH CAROLINA 0 VICINITY MAP NOT TO SCALE CENTERLINF BRANCH PROPERTY LINE TABLE LINE LENGTH BEARING L 1 8.88' N4870 53E L2 13.11' N754552E L3 16.07' N54 44 55E L4 24.03' N357028'E L5 31.31' N515632'E L6 10. 71 ' N5878 36'E L7 8.96' N435244E L8 24.35' N503859E L9 53.51' N47.4758E L IO 28.96' N45.12 31 "E L11 58.35' N465951'E L12 29.14' N50.17'02'E L 13 26.97' N41 03'53'E L14 35.58' N4252'19'E L15 14,75' N42 52'19 E L16 45.17' N4752 52"E L17 17.54' N43'03'09 E L18 11.76' N04 26 32 "W NOTES• REFERPsNCES 1 ElP SURVEYOR'S CERTIFICATE aoN�vc sETBACxs ® (sae) 1. RAW ERROR OF CLOSURE 1:20,000+, MISCLOSURE WAS 1. ALL DEEDS AND MAPS SHOWN HEREON. DISTRIBUTED BY COMPASS RULE. B -3 rn rn The undersigned, being a Professional Land Surveyor of the State of North FRONT = 30' (CORNER LOT 30' BOTH ROADS) o La -� Carolina certifies to MGP Retail Consulting, LLC, their sucessors and assigns, 2. AREA DETERMINED BY COORDINATE COMPUTATIONS. SIDE = 10' (15' ABUTTING RESIDENTIAL DISTRICT) °- �, v and Fidelity National Title Insurance Company as follows: ^w Z I 3. DASHED LINES REPRESENT INFORMATION TAKEN FROM 0 -I �� This is to certify that this map or plat and the survey on which it is based DEED OR PLAT. FRONT = 30' /;5k °E' 2" E/P I were made in accordance with the 2011 Minimum Standard Detail SIDE = 10' (15' ABUTTING RESIDENTIAL DISTRICT) ROBERT B. 1�11AMS, JR. WOODS '1a (ENAB) 4. DISTANCES SHOWN ARE HORIZONTAL GROUND DISTANCES REAR 20" �84 Requirements for ALTA /AGSM Land Title Surveys, jointly established and = UNLESS NOTED OTHERWISE P /N: 7472 - 0996 -3244 1" E/p 220$ I adopted by ALTA and NSPS, and includes Items 1, 2, 3, 4, 5, 6(a), 7(a), 8, R -20 D.B. 1106, PG. 377 9, 10(a) 1 1(a), 13, 16, 18, and 20(a) of Table A thereof, and this survey 5. SUBJECT PROPERTY ZONED B -3. CURRENT ZONING FRONT = 40' SLIDE 388 -A I meets the requirements for an Urban Survey as defined therein. SETBACKS PER CITY OF ROCKINGHAM AS LISTED HEREON. SIDE = 20' ZONED 0 -1, R -20 REAR = 10' 15' ABUTTING RESIDENTIAL DISTRICT 264.4' "° m 6. THIS PROPERTY IS IN ZONE 'X" AREA DETERMINED TO BE ( ) P10 X r ,/ / The survey was made on the ground on March 17, 2015 and correctly OUTSIDE THE 0.2Z ANNUAL CHANCE FLOODPLAIN, ACCORDING shows the area of the subject property, the location and type of all 1 TO FIRM. PANEL NO. 7472, MAP NUMBER 3710747200J SgtX �•::�•• Ln lr> ` FOUNTAIN POINTS APARTMENTS, LP buildings, structures, and other improvements situated on the subject EFFECTIVE DATE OCTOBER 16, 2007 J 9 of ''��•'� P� �..�• �'���, �I V PIN: 7472 - 0295 -8703 property. D.B. 1655, PG. 121 7. NC GRID /NAD 83 (NSRS 2011) COORDINATES WERE �E� `i i I + N + ESTABLISHED BY USING NCGS MONUMENT 'CLEMMONS" GRID gl ��( �� �� `• 265.9' v SLIDE 533 -D / BEARINGS WERE ESTABLISHED BY USING STATIC GPS 1 US� i . � ZONED B -3 , Date of Plat o r Map: DECEMBER 1 8. 201 4 PROCEDURES. ��� \� WOODS 8. VERTICAL DATUM WAS ESTABLISHED BY USING AN NCGS IgO�OR a$5� � '� \� �= a I / Surveyor's Name: Lewis L. Moore VRS (RTK) SOLUTION (NAVD 88) ON CONTROL POINT #1. �;:.� w� I ) v- SITE CURRENTLY UNDER CONSTRUCTION License Number: L-4570 v_ OBSERVED EVIDENCE OF CURRENT EARTH MOVING WORK WOODS ^ �+ ) ( RECORDED LEGAL DESCRIPTIONS 9. WETLAND AREA DESIGNATED BY S &ME INC DATED 3/5/15. x �.:.�:• x ov° I ) STONE DAM p AREA OF WETLANDS ON SUBJECT PARCELS TO THE CENTERLINE 262.7' ..�;:.�' 262.8' o ra ) _ TOP OFD / Signed: Lying and being in Richmond County North Carolina, an OF CREEK IS 47,314 SQ FT / 1.09 ACRES f. ' �'; I ) ` °" - AM O ' �•..� g ) I "�^� C. x described as follows: 11. WHERE THE PROPERTY LINE RUNS WITH THE CENTERLINE OF CONCRETE MONUMENT i'' co I I I ' Parcel One: BRANCH THE BOUNDARY IS SUBJECT TO CHANGE DUE TO rj: 1 ! � ) x ( j � BEING A PARCEL containing 2.356 acres according to that certain unrecorded plat of survey (EXISTING) � ° tz prepared by McNeill Surveying and Land Planning, PLLC and which survey is dated June 4, NATURAL CAUSES AND THAT IT MAY OR MAY NOT REPRESENT 263 -1 ' x \131 ��� 3/ p' RET4NTIONI POND I I C THE ACTUAL LOCATION OF THE LIMIIT OF TITLE. ° °° I 2008 and recorded in Slide 746 -U of the Richmond County Registry and vvhich survey is for AREA= 784 S.F. / 0.018 ACRES t !^ RYAN'S FAMILY STEAK HOUSES INC. k AREA WITHIN POSSIBLE OVERLAP r I II �A Richmond Hospitality, LLC and from which survey the following metes and bounds 12. NO EVIDENCE OF SITE BEING USED AS A SOLID WASTE DUMP, A DELAWARE CORPORATION "A I I description is taken: BEGINNING AT A new iron pin which is a control corner and which has SUMP OR SANITARY LANDFILL DURING TIME OF SURVEY. '` PIN: 7472 - 0295 -5663 TOP OF DAM x NAD 83 (2001) GPS Coordinates of N = 425,467.54 feet and E = 1,779,829.78 feet and WOODS D.B. 1347, PG. 319 \ #41EIR� - S6350'34"E k _ 27e.2' #� EIR i which new iron pin is in the line of lands now or formerly owned by Aldi, NC) LLC, see Deed 'O� p� 1 ZONED B -3 I C 17931' -� r ij Book 1452, Page 129 and in the line of lands now or formerly owned by Edgar H. Sparks, see Deed Book 960, Page 421, Richmond County Register of Deeds; thence from said Q v Q �� AREA= 25,527 S.F. / 0.586 ACRES f J wl BEGINNING POINT and with the line of the aforementioned Aldi tract, South 14 degrees 18 NETLAND LINE TABLE p� ^� �� C�' Q �' 0� v O Q EXCLUDES AREA WITHIN POSSIBLE OVERLAP " 3 I I � x o '% minutes 46 seconds West 388.97 teet to an established iron pin which is located on the LINE LENGTH BEARING v ` N v Q1 w O Iv I w L31 I v cn / Northern edge of the 150 foot right of way for US HWY #74; thence with the Northern edge L19 51.60' N404934'E 00 O Q Oq� ��� *�O OO + WL WL 1 �I I v= / / / of the aforementioned right of way, North 64 degrees 55 minutes 03 seconds West 195.98 O<v�Q<c,o30� ro R: �� 261.8' / , a J O V_ � � c� � 265. 7' r= CRETE teet to a new iron pipe; thence continuing with the right of way, North 64 degrees 56 L20 33.98' N33 32'31 'E O O �, �c, '� � O 0 + a CON L21 O� �,b �� �Q �� g - \� 4� % �x minutes 02 seconds West 96.73 feet to an established iron pipe; thence with the line of 39.37' N575158E JF p 2 O <v j ,h / o p lands now or formerly owned by Ryan's Family Steak Houses, Inc., see Deed Book 975, Page Q /RS v S645949 E 217.14 TOT. a I w J ALDI (N.C.) L.L.C. 263, Richmond Count Public Registry, North 25 degrees 07 minutes 51 seconds East L22 21.99' S877T43'E y� � <c, � � O � �. •� (TOT) � � � 4" IP I m � in a y 9 Y. 9 O 31 p 0 P /N: 7472 -0295 -9336 522.17 feet to on established iron pipe; thence with the line of lands now or formerly owned L23 39.10' N515552E w Q w J� 206.73 �/ 1 x `, I �- x \ n = D.B. 1452, PG. 129 by Robert D. Williams, Jr., see Deed Book 576, Page 836, Richmond County Public Registry, L24 4212' N792332'E O O O Q 10.41' / K65 �� D North 85 degrees 35 minutes 19 seconds East 21.98 feet to an established iron pipe; thence A, A\, �� 0 �, v 1 I I \ o ZONED B -3 L25 34.59' N835703'E b O ~ .b A) r South 16 degrees 46 minutes 55 seconds West 74.90 feet to on unmarked point; thence L26 � Q v� O / v x �/ - x with the line of the aforementioned Sparks tract, South 16 degrees 46 minutes 56 seconds 38.49' N8700'29'E Q'S + �� ry 2 West 149.31 feet to a new iron pipe; thence continuing with the Sparks tract, South 63 L27 30.35' N364432E Op� �Q �� �� �c�� 2.` "3 8' 260. WOODS 1 / degrees 55 minutes 32 seconds East 178.92 feet to the point and place of BEGINNING. For L28 47.21' N153826'E O 0 J� F O<v �Q WOODS /; / / x D further reference and being the some property conveyed in Deed recorded in Deed Book x I �I 720, Page 655, and in instrument recorded in Deed Book 698, Page 898 through Page 910, L29 39.72' N535149'E FENCE Q�vO� OO�QO l �; v�O�" �000� �� VO Iv y> Q° l: x �x WOVEN WIRE x N cn.- and the Estate of Lena H. Sparks, 81 -E -285, all in the Richmond County, North Carolina, L30 46.50' N7229 08'E O � Q' � O w C O / (DILAPIDAITED) v Register of Deeds. <jv v v O Q x I I SCA TIERED TREES - cr L31 60.48' 55954'06'E O Q VQ �Q R � �QO / �p� 260.4' I - 1 & O CB #3 Parcel Two: L32 27.53' N3571'49 E v �^ ^ O V �QIV \��V cOV3 0 I x BRUSH TRACT 1: Beginning for reference at North Carolina rid monument "GROOM ", said Q 0 A -) Co Q O' � Q X w FLOW =273.06' 9 9 9 L33 27.07' N000521 "W O v O O n monument having NAD 27 coordinates of N. 425,029.60 - E. 1,179,635.87, thence runs �Q o cN 1 I INV OUT= 266.68' L34 3206' N4108'33 "W �� O�Q 4 ��� V �, \ 260.3' r Z o y South 74 degrees 56 Minutes 51 seconds E. - 25.30 feet to an existing iron stake being L35 Q Q� O O Q eQ " Q I I 1 situate on the northern right -of -way of U.S. Highway #74 (150 degree R /W); thence runs 28.11' S8148'16 "W V OQ��w x° m c x \ ° D CB #4 with said right -of -way N. 65 degrees 01 minutes 58 seconds W. 195.98 feet to an existing L36 18.28' N154924E p� Q O / m a 1 a N r iron stake, said corner being the southwest corner of the Edgar H. Sparks tract as recorded L36 - / - FLOW =273.16' in DB.720, PG. 655 and the southeast corner of the Edgar Sparks tract as recorded in DB. 26.13' N4058'21'E /: czj °� /NV /N= 266.17 698, PG. 908 of which this described tract is a part; thence continues along said right -ofwoy L38 24.42' N4645'S8'E O N IN V=260.98' m I WOODS --, / N. 65 degrees 02 minutes 59 seconds W. - 96.73 feet to an iron stake and being the ZONED R -20 / / : '�° INV= =260.93" x I `�, I L39 31.66' N71'10'35 E - - / `260.3'// ✓ x 'In I ° n TRUE POINT OF BEGINNING of this described tract; thence continues along said right -of -way L40 14.16' NO3'5646 "W ZONED 0 -1 / �/ cn I m N. 65 degrees 02 minutes 59 seconds W. - 192.02 feet to an existing North Carolina 2`fi' I' l /l'� �/ 15' CMP I � I 1 n 1 RCP Department of Transportation concrete monument; thence continucs with said right -of -way O 7 6 / C X m along a curve to the left having a radius of 3,418.46 feet, a chord bearing and distance of �' North 66 degrees 21 minutes 04 seconds W. - 156.31 feet for a total arc distance of 156.32 to a new iron stake situate in the center of Meadow Branch; thence leaves said right -of -way 259.6' f �C -x J I C) and runs N. 46 degrees 11 minutes 24 seconds E. - 363.07 feet to on iron stake; thence LEGEND acv / x 5 /� R, x WIRE FENCE 258.8' r a WOVEN RICHMOND HOSPITALITY, LLC a #4 EIR runs S. 65 degrees 02 minutes 10 seconds E. 217.14 feet to a new iron stake; thence runs �o rn L I v� S. 25 degrees 00 minutes 55 seconds W. - 334.80 feet to the TRUE POINT OF BEGINNING EXISTING IRON PIN O EIP (OR AS DESCRIBED) O (DILAPIDATED) g AREA= 3,714 S.F. / 0.085 ACRES f I� / U) I P /N: 7472 -0295 -7304 1 x and containing 2.172 acres, as is shown on that plat of survey recorded in Plat Slide 656 -G, EXISTING IRON REBAR O EIR AREA WITHIN POSSIBLE OVERLAP ca`� / c� "� D.B. 1481, PG. 331 o`w r- Richmond County Registry, said plat being incorporated herein by reference and to which o b WOODS " I = SLIDE 746 -U Nt I reference is hereby made for a complete and accurate description of the property by metes GPS CONTROL MONUMENT A (OR AS DESCRIBED) v �ZR o�, CONCRETE R/W MONUMENT ❑o / w ZONED B3 I and bounds. NO POINT SET X NIPS WOODS AREA 102,700 S.F. / 2.358 ACRES f I TRACT 2: Beginning for reference at North Carolina grid monument "Groom', said WOODS monument having NAD 27 coordinates ofN. 425,029.69 - E. 1,779,635.87, thence runs IRON REBAR SET • IRS South 74 deg. 56 min. 51 sec. East 25.30 feet to an existing iron stake being situate on the MAG NAIL SET • MNS �� RYAN'S FAMILY STEAK HOUSES EAST, INC. 268.1' 1 n Io' northern right of way of U.S. Highway #74 (150' R /W); thence runs with said right of way 257.8' / / ry J A DELAWARE CORPORATION ( may- I O Qn OUTPARCEL HOLDINGS, L.L.C. North 65 deg. 01 min. 58 sec. West 195.98 feet to an existing iron stake, said corner being UTILITY POLE ' /� O Q v� O the southwest corner of the Edgar H. Sparks tract as recorded in Deed Book 720, page 655 PIN: 7472 - 0295 -3492 I PIN: 7472 -0295 -9153 and the southeast corner of the Edgar H. Sparks tract as recorded in Deed Book 698, page LIGHT POLE / 0�" l D.B. 1347, PG. 319 v D.B. 1659, PG. 240 �/ + / : ' I v= I SL /DE 773 -V 908; thence continues along said right of way North 65 deg. 02 mm. 59 sec. West 96.73 BOLLARD o 256.8 / d � ` 0 SLIDE 656 -G I POSSIBLE WELL feet to an iron stake, the Southern property corner of the R on's Family Steak Houses, Inc. // O 1.22 �7C 6 261.9' LOCATION I rn P P y y y WATER VALVE ® WV 4 u ry x ZONED B -3 O \ c„ ZONED B -3 tract as recorded in Deed Book 975, page 263; thence runs along the Eastern property line IRRIGATION CONTROL VALVE ® ICV 257.5 + // / of said tract North 25 deg. 00 min. 55 sec. East 334.80 feet to on iron stake, the Northeast �Q j AREA= 90,966 S.F. / 2.088 ACRES f 1 corner of said tract and being the TRUE POINT OF BEGINNING of this described tract; thence FIRE HYDRANTS j j'�� / EXCLUDES AREA WITHIN POSSIBLE OVERLAP m runs along the Northern property line of the Ryan's Family Steak Houses, Inc. tract North 65 SIGN -a- ROBERT B. IiILLL4MS, / I 00'/ + \�� / WOODS 272 �\ deg. 02 min. 10 sec. West 217.14 feet to on iron stake; thence runs North 46 deg. 11 min. R: Q 7681• � \� 24 sec. East 88.61 feet to a concrete monument, the Northwest corner of the Edgar H. DROP INLET -CURB INLET ❑Q DI / Cl PIN: 7472 - 0996 -3244 �.� f �� v I 27b SCATTERED TREE$ CB #1 Sparks tract as recorded in Deed Book 698, page 908; thence runs with said tract North 85 CATCH BASIN ❑ CB D.B. 1106, PG. 377 / & - deg. 28 min. 18 sec. East 212.80 feet to an iron stake, a corner of the Edgar H. Sparks tract _ Q �`a, FLOW= 270.81' as recorded in Deed Book 960, page 421; thence run a new line South 25 deg. 00 min. 55 OPEN THROAT CATCH BASIN ❑ O. T. C. B. SLIDE -4 R -A �' /256.8' �� �� / I I BRUSH INV OUT =267.18' sec. East 187.36 feet to a new iron stake; the TRUE POINT OF BEGINNING and containing MANHOLE ZONED 0 20 257 x i F /; 1 x I \ 0.604 acres and being a portion of the Edgar H. Spark's tracts as recorded in Deed Book �� �' \ 698, page 908 and Deed Book 960, page 421. SEWER MANHOLE v� CB 12 STORM MANHOLE QD : �'N �� 269.6' FLOW = 270.68' TELEPHONE MANHOLE �T I / �, 256.8' \ �" 3O p y INV IN= 267.16' GRID COORDINATES WELL QW !% I: I a do I 1 cn #4 EIR (A) j I d \ o WOODS i N. 425, 090.6227 US FT FIBER OPTIC MARKER ® F.O.M. / .� x a I > 4" EIP CABLE PEDESTAL © ' I METAL TRAFFIC LIGHT POLE I SITE BENCHMARK r 3 E.• 1, 779, 733.6215 US FT /.j' 256.6' ON CONCRETE ASE m x I BOLT ON FIRE HYDRANT o o �! j 2562' SCATTERED TREES TELEPHONE PEDESTAL T 1 /• 4 I I BETWEEN 'MUE" & "LLER" n \•� TIE FROM SITE CONTROL POINT #1 TO #4 DR (A) 256.3' 256.4' v - n S sr x m I 7� + WOODS & I I g ELEV.= 275.92' NA AD 88 t� chi n `'� IS N 5153'02" W A GROUND DISTANCE OF 120.15' PUBLIC PAY TELEPHONE © WOODS I �' WOODS R= 3418.46' � x BRUSH 2��' ElR " � "' x I L= 156.90' �' � #4 RCP \F IS N 5153'02" W A GRID DISTANCE OF 120.14' TRAFFIC SIGNAL BOX o T.S.B. \\ -- � 1 � �% 256.1' 257.7 \2 2571' CH.: N 667428' W, 156.89' F.O.M. IIR� N6457'09 "W 19202' J. S6 DILAPIDATED) 1" ElP N644744'W 96.29' #4 ElR N6458'S3'W 196.36' (A) N _N644T16 "W POWER TRANSFORMER ® F O.M. f�`� SITE BENCHMARK $ x"' rr , -, , , k, - - - - - 184.45 - - - - 0� - F -y _... . 4 EIR Fa Fa " (TIE) GUY m S70'04'29 "E ...� # Fo ro Fo ro Fa �oH° °" _ H, - = H° - - - �. H°� W MONUMENT SIG SIG Slfi SIG _ °N° ®F.O.M. INV= 265.70' NCDOT CONCRETE - 2�`__ �,,,.. a QOM. °�°Hu INV= 255.06, v � �-- ° "u° "u ° "u n "u° "�� ° "u- ° "u°r+vo "u 1 � ti ONU TITLE COMMITMENT REFERENCES X EIP H °" °N °" °" °H Y-® °"`°°- °" °" �" 18" RCP 2 / - - - 270' -�.\ N644T16 "W °° R/ ENT 83.00' TIE 2 274.81 (TIE) W /FES ss C - ss ss ss ss ss. s a --Co �.1 sus -- ss - �� SS ss SS Ss ss -265 - II�YS5.20' - [� 4 W FES 8" PVC, W - w w (TIE) RIGHT -OF -WAY R/ 1 /(SAB) �I ss - Ss __ m_ 8" PVC .. 8" pVC �_ 0 T ss- ss ss ss ss ss ss s -�s� W s ss s SS -_SS- ss ss ss ss ss ss ss ss ss� CONCRETE MONUMENT CM ss� ss g" PVC r uT ur ur ur ur ur ur ur ur ur " ur ur ur ur ___der -��ur �# ur�/ur ur urn U �r PVC ur ur ur ur ur ur r ur 8" PVC T.S.B. CHORD CH SSA SS SS TOP RIM-261.12' EP TOP RIM = 264.93' / TOP RIM-269.49' v�, EP SIGHT EASEMENT SE o I TOP RIM-258.89' I CL INV= 254.97' CL INV= 257.28' I G� APPROX. WATERLINE CL INV= 258.62' \ TOP RUM= 266.14' °� CL INV= 252.61' ° I DEED BOOK DB I a STUB LocanoN ai INV OUT= 259.81' PLAT BOOK PB PAGE PG EP N Ep SIGNALIZED INTERSECTION GRASS MEDIAN DI g 10" CI 10' DI c SQUARE FEET S.F. T' ON BOX w� w- V- w w w w w w w w w w w w w w w w w �_ w 10" DI I \ NC GRID /NAD 83 (2011) NCP " w POINT OF BEGINNING POB ° ❑JU w� w - EP - w w w w W w CO CRETE MEDIAN U.S. HIGHWAY #74 BUSINESS COORDINATES BUILDING HEIGHT B.H. E 1 150' PUBLIC R/W I ( CONCRETE MEDIAN SITE CONTROL POINT #1 00 (CAP & REBAR)) FINISHED FLOOR ELEVATION FIFE �J (REF. SLIDE 746 -U) N.• 425,016.4680 US FT FIRE DEPARTMENT CONNECTION FDC E.• 1,779,828.1400 US FT REINFORCED CONCRETE PIPE RCP o �J I CGF. 0.99988180 EP CORRUGATED METAL PIPE CMP I I APPROX. WATERLINE LOCATION " \ DUCTILE IRON PIPE DIP APPROX. WATERLINE LOCATION p TAX PARCEL ID NUMBER PIN EP w 2 VC w w w V EC✓ w w w w ` EP w_ w w - �_ w - - _ EP Fidelity National Title Insurance Company I OTC . .B. G G 7 G G G G G - G G - G G G G G 12" PVC G G AL TA A SCM LAND TITLE S UR VE Y BACK OF CURB BC G c I G G ° G / Commitment No.: 15AVL47540 G qG �' $O 4" PLASTIC G G G -� G G G G G G G 4G PLASTIC CURB CUT CC Effective Date: March 5, 2015 at 8 :00 A.M. I 4 PLASTIC �o I � BOUNDARY & TOPOGRAPHIC' SURVEY FOR: EXISTING DOOR LOCATIONS EDL I `� GV CONCRETE CONC. SCHEDULE B -H EXCEPTIONS 6 m a MCP RETAIL CONSULTING PRESSURE RELEASE VALVE PRV I W (Note: Only those exceptions interpreted as matters �� OWNERS: LLC FULL OF DEBRIS FOD of survey have been addressed hereon.) RYAN'S FAMILY STEAK HOUSES JUS ''y111. RAILROAD SPIKE RRS SCHEDULE B- SECTION II - EXCEPTIONS I A PROFESSIONAL LAND SURVEYOR, NUMBER 1020 DISCOVERY RD. TOP OF WALL TW 4570, CERTIFY TO ONE OF THE FOLLOWING AS PER GS 47 -30 (f) U j EAGAN, MN 55121 MEASURED (M) ® Building restriction lines, easements, and any other matters shown on map or plat (11): J RECORDED (R) recorded in Plat Book 1, Page 180; Plat Book 2, Page 234 (aka Slide 533 -D); RICHMOND HOSPITALITY, LLC Slide 746 -U; Slide 633 -J; and Slide 656 -G. ■C. THAT THIS PLAT IS OF A SURVEY OF AN EXISTING PARCEL �! 17780 FITCH SUITE 105 BOUNDARY LINE OR PARCELS OF LAND; R, n IRVINE, CA 92614 -SEE MAP RIGHT -OF -WAY LINE - - -15' PRIVATE ROAD EASEMENT AS FOUND IN SLIDE 533 -D TO BE WITHDRAWN FROM TO WAL -MART CERTIFICATE OF GLOBAL POSrHONING SYS.TEYS SURVEYS PRELIMINARY PLAT UNSURVEYED PROPERTY LINE PUBLIC RECORD BY GRANTOR IN DEED OF CONVEYANCE OF THIS TRACT TO RICHMOND PIN: 7472- 0295 -3492 I, LEWIS L. MOORS, CERTIFY THAT THE SITE CONTROL SHOWN HEREON WAS PIN: 7472-0295-5663 FENCE LINE x x HOSPITALITY, LLC (PER D.B. 1481, PG 331) SURVEYOR NUMBER PIN: 7472- 0295 -7304 ESTABLISHED UNDER MY SUPERVISION FROM AN ACTUAL GPS SURVEY MADE NOT FOR RECORDATION CONVEYANCES O R SALES DEED BOOK 1 347, PAGE 31 9 EDGE OF PAVEMENT EP UNDER MY SUPERVISION AND THE FOLLOWING INFORMATION WAS USED TO OVERHEAD UTILITY oHU oHU �5 Easement(s) or right(s) -of -way in favor of Carolina Power and Light Company recorded In CERTIFICATE OF ACCURACY OF MAPPING PERFORM THE CPS SURVEY- DEED BOOK 1481, PAGE 331 Book 230, Page 47; Book 230, Page 48; Book 270, Page 148; Book 316, Page 272; and 1) CLASS OF SURVEY. CLASS A EASEMENT - - - Book 415, Page 1 7 4 I, LEWIS L. MOORE, CERTIFY THAT THIS PLAT WAS DRAWN UNDER MY 2) POSITIONAL ACCURACY- DOES NOT EXCEED 0.10' 5.135 ACRES +/- (TOTAL) ZONING LINE - -THE FOREGOING EASEMENT(S) IS /ARE NON- SPECIFIC AS TO LOCATION AND EASEMENTS SUPERVISION FROM AN ACTUAL SURVEY MADE UNDER MY SUPERVISION (DEED 3) TYPE OF GPS FIELD PROCEDURE: RTK - NETWORK VRS SEWER LINE ss ss GRANTED HEREIN CANNOT BE DELINEATED ON THIS SURVEY. BLANKET IN NATURE. BOOK 811, PAGE 1078 & DEED BOOK 880, PAGE 1175); THAT THE BOUNDARIES 4) DATE OF SURVEY: FEBRUARY 11. 2015 Allied Associates P.A. NOT SURVEYED ARE SHOWN AS BROKEN LINES PLOTTED FROM INFORMATION 5) DATUM /EPOCH.• NAD 83 (NSRS 2011) GAS LINE G G FOUND IN DEEDS AS LISTED; THAT THE RATIO OF PRECISION AS CALCULATED IS 4720 KESTER MILL ROAD PHONE (336) 765 -2377 6 Right of Way Agreement in favor of State Highway Commission recorded in Book 407, 6) PUBLISHED�FIXED CONTROL: NCGS NETWORK VRS 1:20,000 +; THAT THIS MAP WAS PREPARED IN ACCORDANCE WITH THE WINSTON- SALEM, N.C. 27103 FAX 760 -8886 UNDERGROUND TELEPHONE LINE UT UT Page 539, 7) GEIOD MODEL: GEIOD 12 e -mail- allied -en surv.com STANDARDS AND PRACTICE FOR LAND SURVEYING AS OUTLINED BY THE NC 9 UNDERGROUND FIBER OPTIC FD F❑ -DOES NOT AFFECT SUBJECT PARCEL ADMINISTRATION CODE TITLE 21, CHAPTER 56. 8) COMBINED GRID FACTOR: 0.99986351 9) UNITS: U.S. SURVEY FOOT GRAPHIC SC H L WATER LINE W b/ AND THAT THIS MAP WAS PREPARED IN ACCORDANCE WITH THE STANDARDS AND Easement reserved in Deed recorded in Book 1481, Page 331. SCALE TOWNSHIP COUNTY STATE DATE ELECTRIC LINE UE UE -SEE MAP WITNESS MY HAND AND OFFICIAL SEAL THIS DAY OF PRACTICE FOR LAND SURVEYING AS OUTLINED BY THE NC ADMINISTRATION CODE 40 0 20 40 80 160 TITLE 21, CHAPTER 56.1607. 1 1 1 1 1 1 1 " = 40' ROCKINGHAM RICHMOND NORTH CAROLINA ? ?/? ?/?? EDGE OF WATER 20 WITNESS MY HAND AND OFFICIAL SEAL THIS WOOD /BRUSH LINE �9 Accretion, erosion, rellction, and avulsion associated with, and riparian rights of others DAY OF ?0 SURVEYED: MAPPED: JOB NO. MAP N0. TDS incidental to, any creeks, streams, branches, or rivers coursing or forming any boundary LM/PJ LM PA150303 ARS- ALTA.dwg ? ? ?? WETLAND LINE - wL - wL -wL - to the Land. L -4570 L -4570 ( IN FEET ) TRAFFIC SIGNAL LIGHT LINE SIG SIG -SEE MAP LICENSE NO. PROFESSIONAL LAND SURVEYOR LICENSE NO. PROFESSIONAL LAND SURVEYOR 1 inch - 40 ft. © AlUed Assoc., P.A. 2015 WETLAND DETERMINATION DATA FORM — Atlantic and Gulf Coastal Plain Region Project/Site: Proposed MGP Rockingham Retail Site City /County: Rockingham/ Richmond Sampling Date: 03 -14 -2015 Applicant/Owner: Richmond Hospitality LLC, Ryan's Family Steakhouse Inc. State: INC Sampling Point: Data Pt. 1 Investigator(s): Walter Cole, L.S.S. - S &ME Section, Township, Range: ° ° Landform (hillslope, terrace, etc.): flood p lain Local relief (concave, convex, none): concave Slope ( /o): 2 ° Subregion (LRR or MLRA): LRR P Lat: 34.916633 Long: - 79.736500 Datum: NAD83 Soil Map Unit Name: Johnston mucky loam, 0 -2% slopes, frequently flooded NWI classification: PF01 B 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 X within a Wetland? Yes 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 aDDly) ❑ Surface Soil Cracks (136) Surface Water (Al) ❑ Aquatic Fauna (1313) ❑ Sparsely Vegetated Concave Surface (138) ❑� High Water Table (A2) ❑ Marl Deposits (1315) (LRR U) ❑ Drainage Patterns (1310) ❑ Saturation (A3) Hydrogen Sulfide Odor (Cl) ❑ Moss Trim Lines (B16) ❑ Water Marks (B1) iII I—I Oxidized Rhizospheres along Living Roots (C3) ❑ Dry- Season Water Table (C2) ❑ Sediment Deposits (62) Presence of Reduced Iron (C4) Crayfish Burrows (C8) ❑ Drift Deposits (133) ❑_ Recent Iron Reduction in Tilled Soils (C6) ❑ Saturation Visible on Aerial Imagery (C9) Q Algal Mat or Crust (134) ❑ Thin Muck Surface (C7) ❑ Geomorphic Position (D2) Iron Deposits (135) Other (Explain in Remarks) ❑ Shallow Aquitard (D3) ❑ Inundation Visible on Aerial Imagery (137) ❑ FAC- Neutral Test (D5) ✓❑ Water- Stained Leaves (69) II Sphagnum moss (D8) (LRR T, U) Field Observations: Surface Water Present? Yes No X Depth (inches): Water Table Present? Yes X No Depth (inches): -3„ Saturation Present? Yes X No Depth (inches): -3„ Wetland Hydrology Present? Yes X No (includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region – Version 2.0 VEGETATION (Four Strata) — Use scientific names of plants. Sampling Point: Absolute Dominant Indicator Dominance Test worksheet: Tree Stratum (Plot size: ) % Cover Species? Status Number of Dominant Species 1 Liriodendron tulipifera 50 Y FAC That Are OBL, FACW, or FAC: 7 (A) 2 Liquidamabar styraciflua 30 Y FAC Total Number of Dominant 3 Pinus taeda 10 N FAC Species Across All Strata: 8 (B) 4. Percent of Dominant Species 5. That Are OBL, FACW, or FAC: 87.5 (A/B) 6. 7 Prevalence Index worksheet: Total % Cover of: Multiply bv: 8 90 = Total Cover OBL species x 1 = 50% of total cover: 45 20% of total cover: 18 FACW species x 2 = Sa0ina /Shrub Stratum (Plot size: ) FAC species x 3 = 1 Acer rubrum 10 Y FAC FACU species x 4 = 2 Ligustrum sinense 10 Y FAC UPL species x 5 = 3 Ilex opaca 5 Y FAC Column Totals: (A) (B) 4• Prevalence Index = B/A = 5. Hydrophytic Vegetation Indicators: 6. _ 1 - Rapid Test for Hydrophytic Vegetation 7. _ 2 - Dominance Test is >50% 8. 3 - Prevalence Index is 553.0' 25 = Total Cover _ Problematic Hydrophytic Vegetation (Explain) 50% of total cover: 12.5 20% of total cover: 5 Herb Stratum (Plot size: ) 'Indicators of hydric soil and wetland hydrology must 1 Arundinaria gigantea 15 Y FACW be present, unless disturbed or problematic. 2. Definitions of Four Vegetation Strata: 3• Tree —Woody plants, excluding vines, 3 in. (7.6 cm) or 4. more in diameter at breast height (DBH), regardless of 5 height. 6• Sapling /Shrub — Woody plants, excluding vines, less 7, than 3 in. DBH and greater than 3.28 ft (1 m) tall. 8. Herb — All herbaceous (non- woody) plants, regardless 9. of size, and woody plants less than 3.28 ft tall. 10. Woody vine — All woody vines greater than 3.28 ft in 11. height. 12. = Total Cover 50% of total cover: 20% of total cover: Woodv Vine Stratum (Plot size: ) 1 Smilax rotundifolia 10 Y FAC 2 Lonicera japonica 5 Y FACU 3. 4. 5• Hydrophytic 15 = Total Cover Vegetation 50% of total cover: 7.5 20% of total cover: 3 Present? Yes X No Remarks: (If observed, list morphological adaptations below). US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region — Version 2.0 SOIL Profile Description: (Describe Depth Matrix (inches) Color (moist) 0 -4 5Y 2.5/1 4 -18+ 5Y 2.5/1 Sampling Point to the depth needed to document the indicator or confirm the absence of indicators.) Redox Features % Color (moist) % Type' Loc' Texture Remarks 100 m. loam mucky loam 100 s. loam sandy loam 'Type: C= Concentration, D= Depletion, RM= Reduced Matrix, MS= Masked Sand Grains. 2Location: PL =Pore Lining, M= Matrix. Hydric Soil Indicators: (Applicable to all LRRs, unless otherwise noted.) Indicators for Problematic Hydric Soils3: ❑ Histosol (Al) ❑ Polyvalue Below Surface (S8) (LRR S, T, U) 1 cm Muck (A9) (LRR O) ❑ Histic Epipedon (A2) ❑ Thin Dark Surface (S9) (LRR S, T, U) T❑ �IL�JI 2 cm Muck (A10) (LRR S) ❑ Black Histic (A3) ❑ Loamy Mucky Mineral (F1) (LRR O) 1 Reduced Vertic (F18) (outside MLRA 150A,B) ❑ Hydrogen Sulfide (A4) ❑ Loamy Gleyed Matrix (F2) I _E1 Piedmont Floodplain Soils (1719) (LRR P, S, T) ❑ Stratified Layers (A5) ❑ Depleted Matrix (F3) u Anomalous Bright Loamy Soils (F20) ❑ Organic Bodies (A6) (LRR P, T, U) ❑ Redox Dark Surface (F6) (MLRA 1536) ❑ p✓ F] 5 cm Mucky Mineral (A7) (LRR P, T, U) Muck Presence (A8) (LRR U) ❑ F-1 Depleted Dark Surface (F7) Redox Redox Depressions (F8) � Red Parent Material (TF2) Very Shallow Dark Surface (TF12) ❑ 1 cm Muck (A9) (LRR P, T) F] Marl (F10) (LRR U) 0 Other (Explain in Remarks) Depleted Below Dark Surface (A11) ❑ Depleted Ochric (F11) (MLRA 151) ❑ Thick Dark Surface (Al2) ❑ Iron- Manganese Masses (F12) (LRR O, P, T) 31ndicators of hydrophytic vegetation and ❑ Coast Prairie Redox (A16) (MLRA 150A) ❑ Umbric Surface (F13) (LRR P, T, U) wetland hydrology must be present, ❑ Sandy Mucky Mineral (S1) (LRR O, S) ❑ Delta Ochric (F17) (MLRA 151) unless disturbed or problematic. ❑ Sandy Gleyed Matrix (S4) ❑ Reduced Vertic (F18) (MLRA 150A, 150B) ❑ Sandy Redox (S5) Piedmont Floodplain Soils (F19) (MLRA 149A) Stripped Matrix (S6) ❑ Anomalous Bright Loamy Soils (F20) (MLRA 149A, 153C, 153D) ❑ Dark Surface (S7) (LRR P, S, T, U) Restrictive Layer (if observed): Type: Depth (inches): Remarks: Hydric Soil Present? Yes X No US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region — Version 2.0 WETLAND DETERMINATION DATA FORM — Atlantic and Gulf Coastal Plain Region Project/Site: Proposed MGP Rockingham Retail Site City /County: Rockingham/ Richmond Sampling Date: 03 -14 -2015 Applicant/Owner: Richmond Hospitality LLC, Ryan's Family Steakhouse Inc. State: INC Sampling Point: Data Pt. 2 Investigator(s): Walter Cole, L.S.S. - S &ME Section, Township, Range: o ° Landform (hillslope, terrace, etc.): flood p lain Local relief (concave, convex, none): concave Slope ( /o): 5 0 Subregion (LRR or MLRA): LRR P Lat: 34.916599 Long: - 79.736270 Datum: NAD83 Soil Map Unit Name: Pelion loamy sand, 2 -8% slopes NWI classification: N/A 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 No X X within a Wetland? Yes No 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 aooly) ❑ Surface Water (Al) El Aquatic Fauna (1313) ❑ ❑ Surface Soil Cracks (136) Sparsely Vegetated Concave Surface (138) ❑ High Water Table (A2) U Marl Deposits (1315) (LRR U) ❑ Drainage Patterns (1310) ❑ Saturation (A3) Hydrogen Sulfide Odor (Cl) ❑ Moss Trim Lines (B16) ❑ Water Marks (B1) iII I—I Oxidized Rhizospheres along Living Roots (C3) ❑ Dry- Season Water Table (C2) ❑ Sediment Deposits (62) Presence of Reduced Iron (C4) ❑ Crayfish Burrows (C8) ❑ Drift Deposits (B3) ❑_ Recent Iron Reduction in Tilled Soils (C6) ❑ Saturation Visible on Aerial Imagery (C9) Q Algal Mat or Crust (134) ❑ Thin Muck Surface (C7) ❑ Geomorphic Position (D2) ❑ Iron Deposits (135) ❑ Other (Explain in Remarks) ❑ Shallow Aquitard (D3) ❑ Inundation Visible on Aerial Imagery (137) ❑ FAC- Neutral Test (D5) ❑ Water- Stained Leaves (69) ❑ Sphagnum moss (D8) (LRR T, U) Field Observations: Surface Water Present? Yes No X Depth (inches): Water Table Present? Yes No X Depth (inches): Saturation Present? Yes No X 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: US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region – Version 2.0 VEGETATION (Four Strata) - Use scientific names of plants. Sampling Point: Absolute Dominant Indicator Dominance Test worksheet: Tree Stratum (Plot size: ) % Cover Species? Status Number of Dominant Species 1 Pinus taeda 30 Y FAC That Are OBL, FACW, or FAC: 4 (A) 2 Liriodendron tulipifera 15 Y FAC Total Number of Dominant Li uidamabar st raciflua 3• 9 y 10 N FAC Species Across All Strata: 5 (B) 4. Percent of Dominant Species 5• That Are OBL, FACW, or FAC: 80 (A/B) 6. 7 Prevalence Index worksheet: Total % Cover of: Multiply bv: 8 55 = Total Cover OBL species x 1 = 50% of total cover: 27.5 20% of total cover: 11 FACW species x 2 = Sa0ina /Shrub Stratum (Plot size: ) FAC species x 3 = 1 Ligustrum sinense 10 Y FAC FACU species x 4 = 2 Robinia paludosa 5 N FACU UPL species x 5= Ilex opaca 5 N FAC Column Totals: (A) (B) 3. 4. 5. 6. 7. 8. 50% of total cover: 10 Herb Stratum (Plot size: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 50% of total cover: Woodv Vine Stratum (Plot size: ) 1 Smilax rotundifolia 2 Lonicera japonica 3. 4. 5. 20 = Total Cover 20% of total cover: 4 = i otai cover 20% of total cover: 1!) V CA(' = i otai cover 50% of total cover: 7.5 20% of total cover: 3 Remarks: (If observed, list morphological adaptations below). Prevalence Index = B/A = Hydrophytic Vegetation Indicators: X 1 - Rapid Test for Hydrophytic Vegetation _ 2 - Dominance Test is >50% _ 3 - Prevalence Index is 553.0' 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 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 US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region - Version 2.0 SOIL Sampling Point: Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix ❑ (inches) Color (moist) % 0 -6 10YR 3/2 100 6 -12 2.5Y 5/6 100 12 -18+ 10YR 5/4 100 Redox Features Color (moist) % Type' Loc' Texture Remarks s. loam mucky loam s. loam sandy loam scl sandy clay loam 'Type: C= Concentration, D= Depletion, RM= Reduced Matrix, MS= Masked Sand Grains. 2Location: PL =Pore Lining, M= Matrix. Hydric Soil Indicators: (Applicable to all LRRs, unless otherwise noted.) Indicators for Problematic Hydric Soils3: ❑ Histosol (Al) ❑ Polyvalue Below Surface (S8) (LRR S, T, U) 1 cm Muck (A9) (LRR O) ❑ Histic Epipedon (A2) ❑ Thin Dark Surface (S9) (LRR S, T, U) T❑ �IL�JI 2 cm Muck (A10) (LRR S) ❑ Black Histic (A3) ❑ Loamy Mucky Mineral (F1) (LRR O) 1 Reduced Vertic (F18) (outside MLRA 150A,B) _E1 ❑ Hydrogen Sulfide (A4) ❑ Loamy Gleyed Matrix (F2) I Piedmont Floodplain Soils (1719) (LRR P, S, T) f—] Stratified Layers (A5) E] Depleted Matrix (F3) u Anomalous Bright Loamy Soils (F20) ❑ Organic Bodies (A6) (LRR P, T, U) ❑ Redox Dark Surface (F6) (MLRA 1536) ❑ ❑ F] 5 cm Mucky Mineral (A7) (LRR P, T, U) Muck Presence (A8) (LRR U) ❑ F-1 Depleted Dark Surface (F7) Redox Redox Depressions (F8) � Red Parent Material (TF2) Very Shallow Dark Surface (TF12) ❑ 1 cm Muck (A9) (LRR P, T) ❑ Marl (F10) (LRR U) 0 Other (Explain in Remarks) ❑ Depleted Below Dark Surface (A11) ❑ Depleted Ochric (F11) (MLRA 151) ❑ Thick Dark Surface (Al2) E1 Iron- Manganese Masses (F12) (LRR O, P, T) 31ndicators of hydrophytic vegetation and ❑ Coast Prairie Redox (A16) (MLRA 150A) n Umbric Surface (F13) (LRR P, T, U) wetland hydrology must be present, ❑ Sandy Mucky Mineral (S1) (LRR O, S) ❑ Delta Ochric (1717) (MLRA 151) unless disturbed or problematic. ❑ Sandy Gleyed Matrix (S4) ❑ Reduced Vertic (F18) (MLRA 150A, 150B) ❑ Sandy Redox (S5) Piedmont Floodplain Soils (F19) (MLRA 149A) Stripped Matrix (S6) ❑ Anomalous Bright Loamy Soils (F20) (MLRA 149A, 153C, 153D) ❑ Dark Surface (S7) (LRR P, S, T, U) Restrictive Layer (if observed): Type: Depth (inches): Remarks: Hydric Soil Present? Yes No X US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region — Version 2.0 - a i 1 View of wetland at Flag W1.001 as southwest corner of the project site adjacent to US Hwy 74 Business. ! •tip - 3= Y A a- 9� r oaf, M of hydric saturated soil at Data Point 1 location. ... •tip - 3= Y A 9� r oaf, 2 View of wetland at Flag W1.023 at northern property line tS&ME Proposed Retail Development Site — MGP Retail Consulting S &ME Project No. 4335 -15 -061 705 US Hwy 74 Business, Rockingham, North Carolina Taken by: W. Cole I Date Taken: March 2015 1 APPENDIX III • Wetland Impact Map (Bohler Engineering) N 0 WETLAND (W -A) 0.47 ACRES PROPOSED _ PERMANENT IMPACT PROP. BMP PROP. FULL MOVEMENT ,0-) %( DRIVEWAY � ELEV. 264.5 O EX. SIGNALIZED INTERSECTION ELEV: ±264' i / i i EX. DEALERSHIP H:\ 2015 \NCR151000\ DRAWINGS \CONCEPTS \NCR151000 CA11 - WETLAND IMPACT MAP 2.51.DWG PRINTED BY: KWESPNOOD 6.02.15 0 3:56 PM LAST SAV 1 N T, 1 I I I / I I / / t -- VACANT ' 1 fill, iii / c ____ _- - - -- -- i - -- WETLAND (W -A) FORESTED v. 2 / / - - -- PROP. GROCERY - -- ' STORE / 36 1 170± S IF % / l I / / 265 FIFE / ___, 272.75 IF PROP. BMP i PROP. RIGHT TURN LANE' EX. RESTAURANT VACANT VACANT / / EX. GROCERY / / / / s EX. RESTAURANT EX. OFFICE / / / EX. SIGNALIZED INTERSECTION ELEV: ±266' II ,, ' Fi . rs[health Moore , - -1 Regional Hospital Y U (y N F' rn rn apl Ovoid ` 74 Pd 0 O ID cy w SITE T' 'i BROOKSTONE - HRSH OR � .. ,P KAMP.US b H ELLe F gh!antl�Plnes llrypN q" S T 4 m LlLL}p.H�- yZSi y N slog LOCATION MAC' COPYRIGHT 2003 DELORME STREET ATLAS 2004 PLUS USA SCALE: 1"=2000' WETLAND IMPACT LIMITS LOCATION DISTURBED AREA WESTERN PORTION OF SITE 0.47 ACRES 50 25 12.5 0 50 1 "= 50' i 11 ♦♦ 1 �� H - - - - -- Q z Q / WETLAND (W -A) Oz0 FORESTED Z I� P� I of Of W CL ,I , IY z Q J ZUUTFm: Sri 260 1 Z PROP. BMP PROP. FULL MOVEMENT ,0-) %( DRIVEWAY � ELEV. 264.5 O EX. SIGNALIZED INTERSECTION ELEV: ±264' i / i i EX. DEALERSHIP H:\ 2015 \NCR151000\ DRAWINGS \CONCEPTS \NCR151000 CA11 - WETLAND IMPACT MAP 2.51.DWG PRINTED BY: KWESPNOOD 6.02.15 0 3:56 PM LAST SAV 1 N T, 1 I I I / I I / / t -- VACANT ' 1 fill, iii / c ____ _- - - -- -- i - -- WETLAND (W -A) FORESTED v. 2 / / - - -- PROP. GROCERY - -- ' STORE / 36 1 170± S IF % / l I / / 265 FIFE / ___, 272.75 IF PROP. BMP i PROP. RIGHT TURN LANE' EX. RESTAURANT VACANT VACANT / / EX. GROCERY / / / / s EX. RESTAURANT EX. OFFICE / / / EX. SIGNALIZED INTERSECTION ELEV: ±266' II ,, ' Fi . rs[health Moore , - -1 Regional Hospital Y U (y N F' rn rn apl Ovoid ` 74 Pd 0 O ID cy w SITE T' 'i BROOKSTONE - HRSH OR � .. ,P KAMP.US b H ELLe F gh!antl�Plnes llrypN q" S T 4 m LlLL}p.H�- yZSi y N slog LOCATION MAC' COPYRIGHT 2003 DELORME STREET ATLAS 2004 PLUS USA SCALE: 1"=2000' WETLAND IMPACT LIMITS LOCATION DISTURBED AREA WESTERN PORTION OF SITE 0.47 ACRES 50 25 12.5 0 50 1 "= 50' i �� H ~ Q z Q W (s� Oz0 V.1 Z I� P� z— J W QO=a of Of W CL (?� P4 IY z Q J ZUUTFm: Z `1 P4 V z W � d ` � U Ly W m w<a �y J LLJz W O O W wowao CS ..... z W2 Y � E C9 b } � z2 }_ rn W z - YWa W (D 0= � W Q W O L � i: i Q r� ✓�'�tj a W W W 2 �zzza cn CF] ` �cf) REVISIONS REV DATE COMMENT I, BY a r a KNOW WHAT'S BELOW ALWAYS CALL 811 BEFORE YOU DIG \ It's fast. It's free. It's the law. ' NOT APPROVED FOR CONSTRUCTION PROJECT No.: NCR151000 a DRAWN BY: KRW CHECKED BY: JJB DATE: 6/2/15 SCALE: 11.=50' \ CAD I.D.: WI -1 PROJECT: \�� \� N V V /y P APPLICATION F1,jO�VR M �1J1 P RETAIL CONSULTING LOCATION OF SITE 705 US 74 BUSINESS ROCKINGHAM, NC 28379 BOH LERa E N G I N E E R I N G NC, PLLC NCBELS P -1132 4011 WESTCHASE BLVD., SUITE 290 RALEIGH, NC 27607 Phone: (919) 578 -9000 Fax: (919) 703 -2665 NC @BohlerEng.com � a pFESS � rn 10 _�✓ w �OO � '�_ Q� 6 10 SHEET TITLE: a WETLAND IMPACT MAP SHEET NUMBER: I L( APPENDIX IV N.C. Wetland Assessment Method Form NC WAM WETLAND ASSESSMENT FORM Accompanies User Manual Version 4.1 Rating Calculator Version 4.1 Wetland Site Name Rockingham MGP Retail Date 6/18/215 Wetland Typel Headwater Forest +J Assessor Name /Organization A. Steele Level III Ecoregion l Middle Atlantic Coastal Rain Nearest Named Water Body South Prong Falling Creek River Basin l Yadkin- PeeDee + USGS 8 -Digit Catalogue Unit 03040201 Yes r- No Precipitation within 48 hrs? Latitude /Longitude (deci- degrees) 34.9166, - 79.7365 Evidence of stressors affecting the assessment area (may not be within the assessment area) Please circle and /or make note on last page if evidence of stressors is apparent. Consider departure from reference, if appropriate, in recent past (for instance, approximately within 10 years). Noteworthy stressors include, but are not limited to the following. • Hydrological modifications (examples: ditches, dams, beaver dams, dikes, berms, ponds, etc.) • Surface and sub - surface discharges into the wetland (examples: discharges containing obvious pollutants, presence of nearby septic tanks, underground storage tanks (USTs), hog lagoons, etc.) • Signs of vegetation stress (examples: vegetation mortality, insect damage, disease, storm damage, salt intrusion, etc.) • Habitat/plant community alteration (examples: mowing, clear- cutting, exotics, etc.) Is the assessment area intensively managed? t Yes r: No Regulatory Considerations (select all that apply to the assessment area) F_ Anadromous fish F Federally protected species or State endangered or threatened species F NCDWQ riparian buffer rule in effect F Abuts a Primary Nursery Area (PNA) Publicly owned property N.C. Division of Coastal Management Area of Environmental Concern (AEC) (including buffer) F Abuts a stream with a NCDWQ classification of SA or supplemental classifications of HQW, ORW, or Trout F Designated NCNHP reference community F_ Abuts a 303(d)- listed stream or a tributary to a 303(d)- listed stream What type of natural stream is associated with the wetland, if any? (check all that apply) Blackwater i Brownwater Tidal (if tidal, check one of the following boxes) Lunar r' Wind r Both Is the assessment area on a coastal island? C- Yes t:' No Is the assessment area's surface water storage capacity or duration substantially altered by beaver? f Yes [: No Does the assessment area experience overbank flooding during normal rainfall conditions? C- Yes r: No 1. Ground Surface Condition/Vegetation Condition - assessment area condition metric Check a box in each column. Consider alteration to the ground surface (GS) in the assessment area and vegetation structure (VS) in the assessment area. Compare to reference wetland if applicable (see User Manual). If a reference is not applicable, then rate the assessment area based on evidence of an effect. GS VS r= A r+ A Not severely altered r ' B " B Severely altered over a majority of the assessment area (ground surface alteration examples: vehicle tracks, excessive sedimentation, fire -plow lanes, skidder tracks, bedding, fill, soil compaction, obvious pollutants) (vegetation structure alteration examples: mechanical disturbance, herbicides, salt intrusion [where appropriate], exotic species, grazing, less diversity [if appropriate], hydrologic alteration) 2. Surface and Sub - Surface Storage Capacity and Duration - assessment area condition metric Check a box in each column. Consider surface storage capacity and duration (Surf) and sub - surface storage capacity and duration (Sub). Consider both increase and decrease in hydrology. Refer to the current NRCS lateral effect of ditching guidance for North Carolina hydric soils (see USACE Wilmington District website) for the zone of influence of ditches in hydric soils. A ditch <- 1 foot deep is considered to affect surface water only, while a ditch > 1 foot deep is expected to affect both surface and ditch sub - surface water. Consider tidal flooding regime, if applicable. Surf Sub r' A C.- A Water storage capacity and duration are not altered. C` B t B Water storage capacity or duration are altered, but not substantially (typically, not sufficient to change vegetation). r C C C Water storage capacity or duration are substantially altered (typically, alteration sufficient to result in vegetation change) (examples: draining, flooding, soil compaction, filling, excessive sedimentation, underground utility lines). 3. Water Storage /Surface Relief- assessment area /wetland type condition metric (answer for non -marsh wetlands only) Check a box in each column for each group below. Select the appropriate storage for the assessment area (AA) and the wetland type (WT). AA WT 3a. i A - A Majority of wetland with depressions able to pond water > 1 foot deep r' B C- B Majority of wetland with depressions able to pond water 6 inches to 1 foot deep r' C C" C Majority of wetland with depressions able to pond water 3 to 6 inches deep D :' D Depressions able to pond water < 3 inches deep 3b. r' A Evidence that maximum depth of inundation is greater than 2 feet r.� B Evidence that maximum depth of inundation is between 1 and 2 feet r« C Evidence that maximum depth of inundation is less than 1 foot 4. Soil Texture /Structure - assessment area condition metric Check a box from each of the three soil property groups below. Dig soil profile in the dominant assessment area landscape feature. Make soil observations within the 12 inches. Use most recent National Technical Committee for Hydric Soils guidance for regional indicators. 4a. (` A Sandy soil (- B Loamy or clayey soils exhibiting redoximorphic features (concentrations, depletions, or rhizospheres) C Loamy or clayey soils not exhibiting redoximorphic features D Loamy or clayey gleyed soil E Histosol or histic epipedon 4b. A Soil ribbon < 1 inch (- B Soil ribbon z 1 inch 4c. A No peat or muck presence B A peat or muck presence 5. Discharge into Wetland - opportunity metric Check a box in each column. Consider surface pollutants or discharges (Surf) and sub - surface pollutants or discharges (Sub). Examples of sub - surface discharges include presence of nearby septic tank, underground storage tank (UST), etc. Surf Sub r- A (: A Little or no evidence of pollutants or discharges entering the assessment area r B r B Noticeable evidence of pollutants or discharges entering the wetland and stressing, but not overwhelming the treatment capacity of the assessment area i C i C Noticeable evidence of pollutants or discharges (pathogen, particulate, or soluble) entering the assessment area and potentially overwhelming the treatment capacity of the wetland (water discoloration, dead vegetation, excessive sedimentation, odor) 6. Land Use - opportunity metric Check all that apply (at least one box in each column). Evaluation involves a GIS effort with field adjustment. Consider sources draining to assessment area within entire upstream watershed (WS), within 5 miles and within the watershed draining to the assessment area (5M), and within 2 miles and within the watershed draining to the assessment area (2M). Effective riparian buffers are considered to be 50 feet wide in the Coastal Plain and Piedmont ecoregions and 30 feet wide in the Blue Ridge Mountains ecoregion. WS 5M 2M F A F A r A z 10% impervious surfaces F0 B 17-71 B r B < 10% impervious surfaces I— C I— C F_ C Confined animal operations (or other local, concentrated source of pollutants) F❑ F D r D s 20% coverage of pasture F E F E r E s 20% coverage of agricultural land (regularly plowed land) F F r F r F s 20% coverage of maintained grass /herb F G r G r G ? 20% coverage of clear -cut land F H r H r H Little or no opportunity to improve water quality. Lack of opportunity may result from hydrologic alterations that prevent drainage or overbank flow from affecting the assessment area. 7. Wetland Acting as Vegetated Buffer- assessment area/wetland complex condition metric 7a. Is assessment area within 50 feet of a tributary or other open water? r Yes C•` No If Yes, continue to 7b. If No, skip to Metric 8. Wetland buffer need only be present on one side of the water body. Make buffer judgment based on the average width of the wetland. Record a note if a portion of the buffer has been removed or disturbed. 7b. How much of the first 50 feet from the bank is weltand? Descriptor E should be selected if ditches effectively bypass the buffer. r A >- 50 feet r B From 30 to < 50 feet i C From 15 to < 30 feet r D From 5 to < 15 feet r E < 5 feet or buffer bypassed by ditches 7c. Tributary width. If the tributary is anastomosed, combine widths of channels /braids for a total width. i <- 15 -feet wide i > 15 -feet wide (" Other open water (no tributary present) 7d. Do roots of assessment area vegetation extend into the bank of the tributary/open water? r Yes (- No 7e. Is tributary or other open water sheltered or exposed? r Sheltered - adjacent open water with width < 2500 feet and no regular boat traffic. r Exposed - adjacent open water with width >- 2500 feet or regular boat traffic. 8. Wetland Width at the Assessment Area - wetland type /wetland complex metric (evaluate for riparian wetlands only) Check a box in each column. Select the average width for the wetland type at the assessment area (WT) and the wetland complex at the assessment areas (WC). See User Manual for WT and WC boundaries. WT WC i A i A ? 100 feet (: B (+ B From 80 to < 100 feet r C i C From 50 to < 80 feet C' D r D From 40 to < 50 feet C' E i E From 30 to < 40 feet f F r F From 15 to < 30 feet C G G From 5 to < 15 feet i H i H < 5 feet 9. Inundation Duration — assessment area condition metric Answer for assessment area dominant landform. (— A Evidence of short- duration inundation (< 7 consecutive days) f+ B Evidence of saturation, without evidence of inundation (" C Evidence of long- duration inundation or very long- duration inundation (7 to 30 consecutive days or more) 10. Indicators of Deposition — assessment area condition metric Consider recent deposition only (no plant growth since deposition). (.` A Sediment deposition is not excessive, but at approximately natural levels. r B Sediment deposition is excessive, but not overwhelming the wetland. r C Sediment deposition is excessive and is overwhelming the wetland. 11. Wetland Size — wetland type /wetland complex condition metric Check a box in each column. Involves a GIS effort with field adjustment. This metric evaluates three aspects of the wetland area: the size of the wetland type (WT), the size of the wetland complex (WC), and the size of the forested wetland (FW) (if applicable, see User Manual). See the User Manual for boundaries of these evaluation areas. If assessment area is clear -cut, select "K" for the FW column. WT WC FW (if applicable) r A r A (' A z 500 acres r B r B r B From 100 to < 500 acres r C r C r C From 50 to < 100 acres r D r D r D From 25 to < 50 acres r E r E r E From 10 to < 25 acres r F r F r F From 5 to < 10 acres f+` G f+ G f+ G From 1 to < 5 acres r H r H r H From 0.5 to < 1 acre r I r I r I From 0.1 to < 0.5 acre r r r From 0.01 to <0.1acre r K r K r K < 0.01 acre or assessment area is clear -cut 12. Wetland Intactness — wetland type condition metric (evaluate for Pocosins only) r A Pocosin is the full extent (? 90 %) of its natural landscape size. r B Pocosin is < 90% of the full extent of its natural landscape size. 13. Connectivity to Other Natural Areas — landscape condition metric 13a. Check appropriate box(es) (a box may be checked in each column). Involves a GIS effort with field adjustment. This evaluates whether the wetland is well connected (Well) and /or loosely connected (Loosely) to the landscape patch, the contiguous metric naturally vegetated area and open water (if appropriate). Boundaries are formed by four -lane roads, regularly maintained utility line corridors the width of a four -lane road or wider, urban landscapes, fields (pasture open and agriculture), or water > 300 feet wide. Well Loosely r A r A ? 500 acres r B i B From 100 to < 500 acres r C r C From 50 to < 100 acres (' D r D From 10 to < 50 acres r E f+ E < 10 acres (: F (— F Wetland type has a poor or no connection to other natural habitats 13b. Evaluate for marshes only. r Yes r No Wetland type has a surface hydrology connection to open waters /stream or tidal wetlands. 14. Edge Effect — wetland type condition metric (skip for all marshes) May involve a GIS effort with field adjustment. Estimate distance from wetland type boundary to artificial edges. Artificial edges include non - forested areas ? 40 feet wide such as fields, development, roads, regularly maintained utility line corridors and clear -cuts. Consider the eight main points of the compass. r A No artificial edge within 150 feet in all directions r B No artificial edge within 150 feet in four (4) to seven (7) directions (•` C An artificial edge occurs within 150 feet in more than four (4) directions or assessment area is clear -cut 15. Vegetative Composition — assessment area condition metric (skip for all marshes and Pine Flat) (` A Vegetation is close to reference condition in species present and their proportions. Lower strata composed of appropriate species, with exotic plants absent or sparse within the assessment area. f+ B Vegetation is different from reference condition in species diversity or proportions, but still largely composed of native species characteristic of the wetland type. This may include communities of weedy native species that develop after clearcutting or clearing. It also includes communities with exotics present, but not dominant, over a large portion of the expected strata. r C Vegetation severely altered from reference in composition. Expected species are unnaturally absent (planted stands of non - characteristic species or at least one stratum inappropriately composed of a single species). Exotic species are dominant in at least one stratum. 16. Vegetative Diversity — assessment area condition metric (evaluate for Non -tidal Freshwater Marsh only) r A Vegetation diversity is high and is composed primarily of native species ( <10% cover of exotics). (.` B Vegetation diversity is low or has > 10% to 50% cover of exotics. r C Vegetation is dominated by exotic species ( >50% cover of exotics). 17. Vegetative Structure — assessment area /wetland type condition metric 17a. Is vegetation present? (: Yes (— No If Yes, continue to 17b. If No, skip to Metric 18. 17b. Evaluate percent coverage of assessment area vegetation for all marshes only. Skip to 17c for non -marsh wetlands. (' A ? 25% coverage of vegetation r B < 25% coverage of vegetation 17c. Check a box in each column for each stratum. Evaluate this portion of the metric for non -marsh wetlands. Consider structure in airspace above the assessment area (AA) and the wetland type (WT) separately. AA WT o[ A r A Canopy closed, or nearly closed, with natural gaps associated with natural processes r+ B r+ B Canopy present, but opened more than natural gaps U r"` C C C Canopy sparse or absent El 0 C' A r A Dense mid - story/sapling layer 0 a I•+• B r: B Moderate density mid - story/sapling layer r"' C C C Mid - story/sapling layer sparse or absent r A C A Dense shrub layer 2 r"' B C B Moderate density shrub layer W r: C r+ C Shrub layer sparse or absent r— A r A Dense herb layer r"" B r'" B Moderate density herb layer _ ( C [: C Herb layer sparse or absent 18. Snags — wetland type condition metric r ' A Large snags (more than one) are visible (> 12- inches DBH, or large relative to species present and landscape stability). 4 B Not A 19. Diameter Class Distribution — wetland type condition metric C- A Majority of canopy trees have stems > 6 inches in diameter at breast height (DBH); many large trees (> 12 inches DBH) are present. t - B Majority of canopy trees have stems between 6 and 12 inches DBH, few are > 12 -inch DBH. ,: C Majority of canopy trees are < 6 inches DBH or no trees. 20. Large Woody Debris — wetland type condition metric Include both natural debris and man - placed natural debris. ' A Large logs (more than one) are visible (> 12 inches in diameter, or large relative to species present and landscape stability). t: B Not A 21. Vegetation /Open Water Dispersion — wetland type /open water condition metric (evaluate for Non -Tidal Freshwater Marsh only) Select the figure that best describes the amount of interspersion between vegetation and open water in the growing season. Patterned areas indicate vegetated areas, while solid white areas indicate open water. (—A -B C D 22. Hydrologic Connectivity — assessment area condition metric (evaluate for riparian wetlands only) Examples of activities that may severely alter hydrologic connectivity include intensive ditching, fill, sedimentation, channelization, diversion, man -made berms, beaver dams, and stream incision. 6_' A Overbank and overland flow are not severely altered in the assessment area. r- B Overbank flow is severely altered in the assessment area. r C Overland flow is severely altered in the assessment area. C D Both overbank and overland flow are severely altered in the assessment area. Notes APPENDIX V N.C. Division of Mitigation Services In Lieu Fee Program Letter of Acceptance ! r' North Carolina Degartment of -. • Pat McCrory Governor Division of Mitigation Services June 9, 2015 Ryan Berger MGP Retail Consulting, LLC 1500 Sunday Drive, Suite 101 Raleigh, NC 27607 Project: MGP Rockingham Retail Development Donald R. van der Vaart Secretary Expiration of Acceptance: December 9, 2015 County: Richmond The purpose of this letter is to notify you that the NCDENR 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 /LAMA permit 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 at www.nceep.net. Based on the information supplied by you in your request to use the DMS, the impacts that may require compensatory mitigation 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 CU I Stream (feet) Basin Location Cold I Cool Impact Yadkin 03040201 Wetlands (acres) Warm Riparian Non - Riparian Coastal Marsh 0 0.47 1 0 1 0 Buffer I Buffer II (Sq. Ft.) (Sq. Ft.) 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 at (919) 707 -8915. Sincerely, James. tanfll Asset Management Supervisor cc: Joshua Mitchell, USACE - Asheville Darrin Peine, agent 1652 Mail Service Center, Raleigh, North Carolina 27699 -1652 Phone: 919 - 707 -8976 ! 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