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HomeMy WebLinkAbout20231137 Ver 1__20230809_H_B_PCN_FINAL_Draft_20230812Preliminary ORM Data Entry Fields for New Actions ACTION ID #: SAW- 2022-01741 Begin Date (Date Received): Prepare file folder ❑ Assign Action ID Number in ORM ❑ 1. Project Name [PCN Form A2a]: ODFL Concord Service Center 2. Work Type: 7Private ❑Institutional ❑Government ❑ Commercial 3. Project Description / Purpose [PCN Form 133d and 133e]: Hoyt + Berenyi, LLC is seeking authorization under NWP 39 to permanently impact 0.21-acre of wetlands and temporarily impact 0.065-acre of wetlands necessary for the development of a less than truckload (LTL) freight facility on an approximately 31.33-acre property. The subject property is bound by undeveloped forest land and open fields to the north, New Town Way SW to the south, undeveloped forest land to the east, and George W. Liles Parkway to the west in Concord, Cabarrus County, North Carolina. 4. Property Owner / Applicant [PCN Form A3 or A41: Hoyt + Berenyi, LLC (POC: Kyle M. Hoyt) 346 Seacoast Parkway, Suite 200, Mt. Pleasant, SC 29464; (843) 531-5336; khoyt@hoytberenyi.com 5. Agent / Consultant [PNC Form A5 — or ORM Consultant ID Number]: Chris Tinklenberg, PWS 6. Related Action ID Number(s) [PCN Form 135b]: 7. Project Location — Coordinates, Street Address, and/or Location Description [PCN Form Blb]: The subject property is bound by undeveloped forest land and open fields to the north, New Town Way SW to the south, undeveloped forest land to the east, and George W. Liles Parkway to the west in Concord, Cabarrus County, North Carolina. Project Coordinates (decimal degrees): 35.380067°,-80.641496°. 8. Project Location — Tax Parcel ID [PCN Form B 1 a] : 55197810620000 9. Project Location —County [PCN Form A2b]: Cabarrus 10. Project Location — Nearest Municipality or Town [PCN Form A2c]: Concord 11. Project Information — Nearest Waterbody [PCN Form 132a]: Wolf Meadow Branch 12. Watershed / 8-Digit Hydrologic Unit Code [PCN Form 132c]: Yadkin PeeDee 03040105 Authorization: Section 10 ❑ Section 404,71 Regulatory Action Type: ❑ Standard Permit ✓ Nationwide Permit # 39 Regional General Permit # Jurisdictional Determination Request Section 10 and 404 ❑ ::]Pre -Application Request ::]Unauthorized Activity ❑ Compliance ❑No Permit Required Revised 20150602 Kimley»>Horn August 9, 2023 Ms. Krysta Stygar U.S. Army Corps of Engineers Wilmington District, Charlotte Regulatory Field Office 8430 University Executive Park Drive Charlotte, NC 28262 Mr. Paul Wojoski NC DWR, 401 & 404 Buffer Permitting Unit 512 North Salisbury Street Raleigh, NC 27604 Re: Pre -Construction Notification (NWP #39 and Individual 401 WQC) ODFL Concord Service Center (SAW-2022-01741) Concord, Cabarrus County, NC Dear Ms. Stygar and Mr. Wojoski: On behalf of our client, Hoyt + Berenyi, LLC, Kimley-Horn (KH) is submitting the enclosed Section 404/401 Pre -construction Notification for the above -referenced project for your review pursuant to Nationwide Permit #39 and Individual 401 Water Quality Certification (WQC). The proposed project seeks to construct one (1) less than truckload (LTL) freight facility space totaling ±54,000 square -feet (SF), including access roads, utilities, and stormwater management facilities. Authorization is requested under NWP 39 to permanently impact 0.21-acre of wetlands necessary for the construction of the interstate motor freight facility, and temporarily impact 0.065-acre of wetlands necessary for the sanitary sewer connection. The center of the project area is located at 35.380067°,-80.641496°. The following information is included as part of this application submittal: • Project Summary Sheet • Pre -Construction Notification Form • Agent Authorization • Project Site Figures ■ Figure 1 — Vicinity Map ■ Figure 2 — USGS 7.5' Topo (Kannapolis Quadrangle) Map ■ Figure 3 — Cabarrus Co. SSURGO Soils and NWI Map (2022 Nearmap Aerial) ■ Figure 4 — Existing Conditions (2022 Nearmap Aerial) • Permit Drawings • Agency Correspondence • Compensatory Mitigation PROJECT BACKGROUND Hoyt + Berenyi, LLC is proposing the construction of one (1) LTL freight facility space on an approximately 31.33-acre property. The subject property is comprised of undeveloped forest land and open fields. The subject property is bound by undeveloped forest land and open fields to the north, New Town Way SW to the south, undeveloped forest land to the east, and George W. Liles Parkway to the west in Concord, Cabarrus County, North Carolina. The site will be brought into compliance with both state and local regulations for zoning, landscaping, and stormwater. Kimley»>Horn AGENCY CORRESPONDENCE Page 2 JURIDICTIONAL DETERMINATION Kimley-Horn submitted a Preliminary Jurisdictional Determination (PJD) request package to the United States Army Corps of Engineers (USACE) on August 9th, 2022. USACE responded with a PJD verification letter (SAW-2022-01741) on August 18th, 2022. Kimley-Horn staff conducted a delineation on an additional area of the subject property on April 19th, 2023. One (1) potentially jurisdictional non - wetland WOTUS was identified within the additional area. The PJD Study area and aquatic resources shown in Figure 4 correspond to the SAW-2022-01751 project and additional delineation. CULTURAL RESOURCES Kimley-Horn consulted the North Carolina State Historic Preservation Office (SHPO) HPOWEB GIS service on December 9th, 2022. No historical, archeological, or cultural resources were identified within the site boundary. A request letter was submitted to SHPO to determine the presence of archeological, cultural, or historic resources on December 9th, 2022. SHPO responded on January 20th, 2023, with no comment on the proposed project. A copy of SHPO's response is attached. PROTECTED SPECIES A review of the North Carolina Natural Heritage Program (NCNHP) database on October 26th, 2022, did not indicate known occurrences of threatened or endangered species within the project boundary. Potentially suitable habitat for threatened and endangered species on -site was surveyed. A concurrence request letter was submitted to the USFWS on October 27th, 2022. A concurrence response letter from USFWS was received on October 28th, 2022, indicating that the USFWS was in agreeance with the MANLAA biological conclusion. As of August 9th,2023, Northern Long-eared Bat is no longer listed in Cabarrus County. A copy of the USFWS correspondence and an updated Official Species List are included. PROPOSED IMPACTS TO JURISDICTIONAL WATERS The proposed development seeks authorization under NWP 39 for wetland impacts associated with the construction of the LTL freight facility space. The proposed project will result in 0.21-acre of permanent impacts and 0.065-acre of temporary impacts to Wetland 2. Impact 1 — Wetland 2 0 0.21-acre of permanent wetland impacts associated with the grading activities necessary to construct the interstate motor freight facility. Impact 2 — Wetland 2 0 0.065-acres of temporary wetland impacts associated with the conversion from forested to herbaceous wetlands in order to provide connection to the sanitary sewer main. Overall, impacts associated with the proposed development will result in 0.21 acres of permanent impacts and 0.065 acres of temporary impacts to wetland waters of the US. AVOIDANCE AND MINIMIZATION Avoidance and minimization efforts were implemented during development planning and design to the greatest extent practicable in order to reduce the overall impacts on the aquatic environment while staying within nationwide permit thresholds. The final plan demonstrates maximum avoidance and Kimley)))Horn Page minimization efforts by reducing the proposed wetland impacts. The rationale to support avoidance and minimization efforts includes the following: • A temporary timber crossing will be installed at Stream 2 to avoid any stream impacts associated with the temporary mounding of soil during construction. • Avoidance of the 1,722 LF of streams on -site. • Avoidance of the remaining 4.75-acres of wetlands on -site. • Impacts 1 — Wetland 2 o Retaining walls have been strategically placed to reduce grading fill slopes and to avoid further impacts. o A hammerhead turnaround is proposed at the terminus of the extension of New Town Way SW to prevent future indirect impacts to wetlands on -site. A hammerhead turnaround is necessary for vehicle access, specifically for Emergency Vehicles (refer to detail). • Impact 2 — Wetland 2 o Temporary wetland impacts will be restored to pre -construction grade contours and a permanent wetland seed mix will be applied after connection to the sanitary sewer main is completed. COMPENSATORY MITIGATION Compensatory mitigation will be met by the purchase of credits through the NC Division of Mitigation Services (NCDMS) in -lieu fee program. Based on an NCWAM assessment of Medium for Wetland 2 mitigation is proposed at a 1.75:1 ratio for permanent impacts to this feature associated with the grading necessary to construct the interstate motor freight facility, or 0.37 wetland mitigation credits. Mitigation is proposed at a 1:1 ratio for the temporary impacts to this feature associated with the connection to the sanitary sewer main that will result in the conversion from forested to herbaceous wetlands, or 0.065 wetland mitigation credits. In total, 0.44 wetland mitigation credits will be purchased to offset impacts associated with this project. Quality assessment results and a Statement of Availability are included. Please feel free to contact me at (803) 881-3919 if you have any questions or if additional information is necessary. Sincerely, KIMLEY-HORN AND ASSOCIATES, INC. Chris Tinklenberg, PWS Environmental Scientist Kimley>>>Horn Project Summary Sheet Project Name: ODFL Concord Service Center Applicant Name and Address: Hoyt + Berenyi, LLC (POC: Kyle M. Hoyt) 346 Seacoast Parkway, Suite 200, Mt. Pleasant, SC 29464 Telephone Number: (843) 531-5336 Type of Request: ® Nationwide PCN (NWP #39) ❑ Individual Permit Application ❑ Jurisdictional Determination ❑ Other: Included Attachments: ® Project Plans ® USGS Map ® NRCS Soil Survey ® Agent Authorization ® Delineation Sketch ❑ Delineation Survey ® Data Forms (Up & Wet) ® NCDWR Stream Forms ❑ USACE Stream Forms ® NCDMS Confirmation ® Aerial Photo ❑ Site Photos ® Agency Correspondence ❑ Other: ❑ Other: Check if applicable: ❑ CAMA County ❑ Trout County ❑ Isolated Waters ❑ Section 7, ESA ❑ Section 106, NHPA ❑ EFH ❑ Mitigation Proposed (❑ NC EEP ❑ On -Site ❑ Off -Site ❑ Other) County: Cabanas Nearest City/Town: Concord Waterway: Wolf Meadow Branch River Basin: Yadkin Pee -Dee H.U.C.: 03040105 USGS Quad Name: Kannapolis Property Size (acres): 31.33-acres Approx. Size of Jurisdiction on Site (acres): 1,722 LF & 526-ac Site Coordinates (in decimal degrees): 35.380067°N -80.641496°W Project Location: The subject property is bound by Concord Parkway to the north and George W. Liles Parkway to the west in Concord, Cabarrus County, North Carolina. Site Description: The proposed project seeks to construct one (1) less than truckload (LTL) freight facility space totaling ±54,000 square -feet (SF), including access roads, utilities, and stormwater management facilities. Authorization is requested under NWP 39 to permanently impact 0.21-acre of wetlands necessary for the construction of the interstate motor freight facility and temporarily impact 0.065-acre of wetlands necessary for the sanitary sewer connection. The subject property is comprised of undeveloped forest land and open fields. The subject property is bound by undeveloped forest land and open fields to the north New Town Wav SW to the south. undeveloped forest land to the east. and George W. Liles Parkwav to the west in Concord, Cabanas County, North Carolina. Impact Summary (if applicable): Impacts associated with the proposed development will result in 0.21-acre of permanent wetland impacts associated with the grading activities necessary to construct the interstate motor freight facility and 0.065- acre of temporary wetland impacts associated with the conversion from forested to herbaceous wetlands in order to provide connection to the sanitary sewer main. Stream Channel Open Water Wetland Intermittent and/or Unimportant Perennial and/or Important NWP (acres) (acres) # Aquatic Function Aquatic Function Tem Perm. Tem Perm. Temp. Perm. Temp. Perm. if ac if ac if ac if Ac 39 j 0.065 0.21 Total 0.065 0.21 Total Permanent (Loss) Impact to Wetland Waters of the U.S. 0.21 ac Kimley-Horn Contact: Chris Tinklenberg, PWS Direct Number: (803) 881-3919 Email: chris.tinklenberg_kkimley-hom.com M o/�Q� INArF�9�� l I.�wu O ,c Office Use Only: Corps action ID no. DWQ project no. Form Version 1.3 Dec 10 2008 Pre -Construction Notification (PCN) Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: ®Section 404 Permit El Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: 39 or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? ® Yes ❑ No 1d. Type(s) of approval sought from the DWQ (check all that apply): ® 401 Water Quality Certification — Regular ❑ Non-404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ❑ Yes ® No For the record only for Corps Permit: ❑ Yes ® 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. ® Yes ❑ No 1g. Is the project located in any of NC's twenty coastal counties? If yes, answer 1 h below. ❑ Yes ® No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ® No 2. Project Information 2a. Name of project: ODFL Concord Service Center 2b. County: Cabarrus 2c. Nearest municipality / town: Concord 2d. Subdivision name: N/A 2e. NCDOT only, T.I.P. or state project no: N/A Page 1 of 11 PCN Form — Version 1.3 December 10, 2008 Version 3. Owner Information 3a. Name(s) on Recorded Deed: Bootsmead Lease Co. 3b. Deed Book and Page No. 11173/0099 3c. Responsible Party (for LLC if applicable): 3d. Street address: 1717 S Boulder Avenue Suite 400 3e. City, state, zip: Tulsa, OK, 74119 3f. Telephone no.: Mark Fiddes (704) 547-7880 3g. Fax no.: 3h. Email address: mark@quartilecapital.com 4. Applicant Information (if different from owner) 4a. Applicant is: ❑ Agent ® Other, specify: Land purchaser 4b. Name: Kyle M. Hoyt 4c. Business name (if applicable): Hoyt + Berenyi, LLC 4d. Street address: 346 Seacoast Parkway, Suite 200 4e. City, state, zip: Mt. Pleasant, SC 29464 4f. Telephone no.: (843) 531-5336 4g. Fax no.: 4h. Email address: khoyt@hoytberenyi.com 5. Agent/Consultant Information (if applicable) 5a. Name: Chris Tinklenberg, PWS 5b. Business name (if applicable): Kimley-Horn and Associates 5c. Street address: 580 Kingsley Park Drive, Suite 125 5d. City, state, zip: Fort Mill, SC 29715 5e. Telephone no.: (803) 881-3919 5f. Fax no.: 5g. Email address: Chris.Tinklenberg@kimley-horn.com Page 2 of 11 PCN Form — Version 1.3 December 10, 2008 Version B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 55197810620000 1 b. Site coordinates (in decimal degrees): Latitude: 35.380067 Longitude:-80.641496 (DD.DDDDDD) (-DD.DDDDDD) 1c. Property size: 31.33-acres (Project Boundary) 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to proposed Wolf Meadow Branch project: 2b. Water Quality Classification of nearest receiving water: C 2c. River basin: Yadkin PeeDee 03040105 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: Hoyt + Berenyi, LLC is proposing the construction of one (1) less than truckload (LTL) freight facility space on an approximately 31.33-acre property. The subject property is comprised of undeveloped forest land and open fields. The subject property is bound by undeveloped forest land and open fields to the north, New Town Way SW to the south, undeveloped forest land to the east, and George W. Liles Parkway to the west in Concord, Cabarrus County, North Carolina. The site will be brought into compliance with both state and local regulations for zoning, landscaping, and stormwater. 3b. List the total estimated acreage of all existing wetlands on the property: 5.03 acres 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 1,722 linear feet. 3d. Explain the purpose of the proposed project: The purpose of this project is to construct one (1) LTL freight facility space totaling ±54,000 square -feet (SF) and associated infrastructure necessary to service the industrial development. 3e. Describe the overall project in detail, including the type of equipment to be used: ODFL Concord Service Center is the proposed construction of one (1) less than truckload (LTL) freight facility space totaling ±54,000 square -feet (SF), including access roads, utilities, and stormwater management facilities. Authorization is requested under NWP 39 to permanently impact 0.21-acre of wetlands necessary for the construction of the interstate motor freight facility, and temporarily impact 0.065-acre of wetlands necessary for the sanitary sewer connection. General construction equipment includes, but is not limited to, bulldozers, excavators, front-end loaders, etc. used for construction purposes. Page 3 of 11 PCN Form — Version 1.3 December 10, 2008 Version 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project (including all prior phases) in the past? Comments: (SAW-2022-01741) Kimley-Horn submitted a Preliminary Jurisdictional Determination (PJD) request package to the United States Army Corps of Engineers (USACE) on August 91h 2022. USACE responded with a PJD verification letter on August 181h, 2022. Kimley-Horn staff conducted a delineation on an ® Yes ❑ No ❑ Unknown additional area of the subject property on April 191h, 2023. One (1) potentially jurisdictional non -wetland WOTUS was identified within the additional area. The PJD Study area and aquatic resources shown in Figure 4 correspond to the SAW-2022-01751 project and additional delineation. 4b. If the Corps made the jurisdictional determination, what type of ®Preliminary El Final determination was made? 4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: Name (if known): Chris Tinklenberg, PWS Other: Kimley-Horn and Associates 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. 8/18/2022 5. Project History 5a. Have permits or certifications been requested or obtained for this ❑ Yes ® No ❑ Unknown 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? ❑ Yes ® No 6b. If yes, explain. Page 4 of 11 PCN Form — Version 1.3 December 10, 2008 Version C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): ® Wetlands ❑ Streams - tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. 2b. 2c. 2d. 2e. 2f. Wetland impact Type of number- Type of impact Type of wetland Forested jurisdiction Area of impact (acres) Permanent (P) or (if known) (Corps - 404, 10 Temporary (T) DWQ - non- 404, other Impact 1 - W2 ®P❑T Grading/Fill PFO Y ® Corps ®DWQ 0.21 Impact 2 - W2 ® Corps El P ®T Open Cut and Backfill PFO Y ® DW 0.065 2g. Total wetland impacts 0.28 2h. Comments: The proposed development seeks authorization under NWP# 39 for wetland impacts associated with the construction of the LTL freight facility space. The proposed project will result in 0.21-acre of permanent impacts and 0.065- acre of temporary impacts to Wetland 2. • Impact 1 - Wetland 2 0 0.21-acre of permanent wetland impacts associated with the grading activities necessary to construct the interstate motor freight facility. • Impact 2 - Wetland 2 0 0.065-acres of temporary wetland impacts associated with the conversion from forested to herbaceous wetlands in order to provide connection to the sanitary sewer main. 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 Type of Average Impact number - (PER) or jurisdiction stream length Permanent (P) or intermittent (Corps - 404, 10 width (linear Temporary (T) (INT)? DWQ - non- (feet) feet) 404, other) Impact ❑ PER ❑ Corps ❑P❑T ❑INT ❑DWQ 3h. Total stream and tributary impacts 3i. Comments: 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 type Area of impact - Permanent (P) (acres) or Temporary T 41f. Total open water impacts 4g. Comments: Page 5 of 11 PCN Form - Version 1.3 December 10, 2008 Version 5. Pond or Lake Construction If pond or lake construction proposed, then com fete the chart below. 5a. 5b. 5c. 5d. 5e. Wetland Impacts (acres) Stream Impacts (feet) Upland Pond ID Proposed use or purpose of (acres) number p and Exeadvat Flooded Filled Excavated Flooded Filled Flooded K Total 5g. Comments: 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. 6a. ❑ Neuse ❑ Tar -Pamlico ❑ Other: Project is in which protected basin? ❑ Catawba ❑ Randleman 6b. 6c. 6d. 6e. 6f. 6g. Buffer impact number— Reason Buffer Zone 1 impact Zone 2 impact Permanent (P) for impact Stream name mitigation (square feet) (square feet) or Temporary required? T ❑P❑T El Yes ❑ No 6h. Total buffer impacts 6i. Comments: The proposed project will not impact protected riparian buffers. Page 6 of 11 PCN Form — Version 1.3 December 10, 2008 Version D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. Avoidance and minimization efforts were implemented during development planning and design to the greatest extent practicable in order to reduce the overall impacts on the aquatic environment while staying within nationwide permit thresholds. The final plan demonstrates maximum avoidance and minimization efforts by reducing the proposed wetland impacts. The rationale to support avoidance and minimization efforts includes the following: • A temporary timber crossing will be installed at Stream 2 to avoid any stream impacts associated with the temporary mounding of soil during construction. • Avoidance of the 1,722 LF of streams on -site. • Avoidance of the remaining 4.75-acres of wetlands on -site. • Impacts 1 — Wetland 2 o Retaining walls have been strategically placed to reduce grading fill slopes and to avoid further impacts. o A hammerhead turnaround is proposed at the terminus of the extension of New Town Way SW to prevent future indirect impacts to wetlands on -site. A hammerhead turnaround is necessary for vehicle access, specifically for Emergency Vehicles (refer to detail). • Impact 2 — Wetland 2 o Temporary wetland impacts will be restored to pre -construction grade contours and a permanent wetland seed mix will be applied after connection to the sanitary sewer main is completed. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Stormwater facilities are sized and positioned to minimize impacts to the greatest extents practicable. Temporary erosion control measures, including but not limited to skimmer basins and silt fences will be implemented to minimize sediment laden runoff from exiting the site. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for ® 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 ® Corps ❑ Mitigation bank 2c. If yes, which mitigation option will be used for this project? ® Payment to in -lieu fee program ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type: Stream Quantity: Page 7 of 11 PCN Form — Version 1.3 December 10, 2008 Version 3c. Comments: 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. ® Yes 4b. Stream mitigation requested: 4c. If using stream mitigation, stream temperature: ❑ warm ❑ cool ❑cold 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: 0.28 acres 4f. Non -riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: Compensatory mitigation will be met by the purchase of credits through the NC Division of Mitigation Services (NCDMS) in -lieu fee program. Based on an NCWAM assessment of Medium for Wetland 2 mitigation is proposed at a 1.75:1 ratio for permanent impacts to this feature associated with the grading necessary to construct the interstate motor freight facility, or 0.37 wetland mitigation credits. Mitigation is proposed at a 1:1 ratio for the temporary impacts to this feature associated with the connection to the sanitary sewer main that will result in the conversion from forested to herbaceous wetlands, or 0.065 wetland mitigation credits. In total, 0.44 wetland mitigation credits will be purchased to offset impacts associated with this project. Quality assessment results and a Statement of Availability are included. 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. 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? ❑ Yes ® No 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (square feet) 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 8 of 11 PCN Form — Version 1.3 December 10, 2008 Version E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers identified ❑ Yes ® 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. The proposed project will not impact protected riparian buffers within one of the NC ❑ Yes ® No Riparian Buffer Protection Rules. 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 32% 2b. Does this project require a Stormwater Management Plan? ® Yes ❑ No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: A stormwater detention pond will be used in conjunction with a sand filter area to reduce the amount of discharge in order to provide treatment to any runoff that is routed to the pond. An outfall control structure in the sand filter area has been designed so that the discharge from the pond will be equal or less than predevelopment runoff conditions from the site. ® Certified Local Government 2e. Who will be responsible for the review of the Stormwater Management Plan? ❑ DWQ Stormwater Program ❑ DWQ 401 Unit 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? City of Concord ® Phase II 3b. Which of the following locally -implemented stormwater management programs ❑ NSW ❑ USMP apply (check all that apply): ❑ Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ® No attached? 4. DWQ Stormwater Program Review ❑ Coastal counties ❑ HQW 4a. Which of the following state -implemented stormwater management programs apply ❑ ORW (check all that apply): ❑ Session Law 2006-246 ❑ Other: 4b. Has the approved Stormwater Management Plan with proof of approval been attached? ❑ Yes ® No 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ❑ Yes ❑ No 5b. Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No Page 9 of 11 PCN Form — Version 1.3 December 10, 2008 Version F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1a. Does the project involve an expenditure of public (federal/state/local) funds or the ® Yes ❑ 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 ® No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after -the -fact permit application? ❑ Yes ® No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in ❑ Yes ® 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 project is designed to construct one (1) LTL freight facility space totaling ±54,000 square -feet, on -site roadway, truck/trailer parking, employee parking, and stormwater facilities. No additional or cumulative impacts are anticipated due to the construction of the proposed project. 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: Sanitary sewer service is to be provided via connection to a sanitary sewer main extension. Page 10 of 11 PCN Form — Version 1.3 December 10, 2008 Version 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 ❑ No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ® Yes ❑ No impacts? ❑ Raleigh 5c. If yes, indicate the USFWS Field Office you have contacted. ® Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? A review of the North Carolina Natural Heritage Program (NCNHP) database on October 26th, 2022, did not indicate known occurrences of threatened or endangered species within the project boundary. Potentially suitable habitat for threatened and endangered species on -site was surveyed. A concurrence request letter was submitted to the USFWS on October 27th, 2022. A concurrence response letter from USFWS was received on October 28th, 2022, indicating that the USFWS was in agreeance with the MANLAA biological conclusion. As of August 9th,2023, Northern Long-eared Bat is no longer listed in Cabarrus County. A copy of the USFWS correspondence and an updated Official Species List are included. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes ® No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? NCNHP element occurrence database did not indicate the presence of EFH within the project boundary. 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 ® 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? Kimley-Horn consulted the North Carolina State Historic Preservation Office (SHPO) HPOWEB GIS service on December 91h 2022. No historical, archeological, or cultural resources were identified within the site boundary. A request letter was submitted to SHPO to determine the presence of archeological, cultural, or historic resources on December 91h, 2022. SHPO responded on January 201h, 2023, with no comment on the proposed project. A copy of SHPO's response is attached. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? ❑ Yes ® No 8b. If yes, explain how project meets FEMA requirements: 8c. What source(s) did you use to make the floodplain determination? FIRM Panel 3710551900K Chris Tinklenberg, PWS —� 8/12/2023 Applicant/Agent's Signature Applicant/Agent's Printed Name Date (Agent's signature is valid only if an authorization letter from the applicant isprovided.) Page 11 of 11 PCN Form — Version 1.3 December 10, 2008 Version AGENT AUTHORIZATION AGENT AUTHORIZATION FORM Name: Old Dominion Freiaht Line. Inc. Address: 500 Old Dominion Way, Thomasville, NC 27360 Email: Project Name/Description: ODFL Concord Service Center Date:. G - o}7- v4 3 The Department of the Army U.S. Army Corps of Engineers, Wilmington District Charlotte Regulatory Field Office Attention: K sta SIy2ar Re: Wetland Related Consulting and Permitting Old Dominion Freight Line Inc. hereby designates and authorizes Kimley-Horn and Associates, Inc. to act in my/our behalf as my/our agent solely for the purpose of processing Jurisdictional Determinations, Section 404 permits/Section 401 Water Quality Certifications applications and to furnish upon request supplemental information in support of applications, etc. from this day forward until successful completion of the permitting process or revocation by the owner. In addition, I, the undersigned, under contract to purchase the propertylproperties identified herein, do authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) to enter upon the property herein described for the purpose of conducting on -site investigations 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 1899. Authorized this the fpC 7 —day of Vane, 22� Aut prized epresentative Ailthorize ep sentative (Print Name) (Signature FIGURES `oov .. rer br NW 4 aP �3 p\ Grand Cans �� a Or tv" ecooµW °o O Pb� McGill Ave NW e'r N`N PoPlar Tent Rd a 1 r > 0`2 c' .lo°>es jai '1'• L or eo Park % o All Roo ° Pf = Ch 7 s ^o i dR v Z Nry Z f Wed - t n Rd A o. ding o -.untr�, �'. luh Ville i a of �epJ` � Qµ�yS 9\Q air '�.; ;d� SunUer�ac n � Dr NW \\\, n _ a � 2 � c q �fL U p c fI � . Saddte,Nood C:" RobeM1a�d o Green St SW A e c Re Po n� Ra`FW Frank d e �9el � Lis4e Paik e gFJdke �Z oOr O^S �a Sough �a cotdpµ q GOn bs o - o o a 47-- N NC.49S 4y6 o aseDrSW Q c o o c� 5 ire U for 0 Mal srrid,+ar 2 M �°u A °rrrs guT Dr Pd ria� � '" Ma•,pal.`. � 5`t'I . . aR6 O Go` \ Wheol Dr SW l Feet yea 0 4,000 8,000 - elack— Figure 1 Legend Vicinity Map ODFL Concord Service Center (SAW-2022-01741) Kim ey>>> Horn Project Boundary Concord, Cabarrus County, NC August 2023 Legend Y Project Boundary a o p oTo r • Farr 6�j 29 eso • . �� • 91 1s BMW N Cein • � � pv _ J,• / / it � / IK 1 `�- yoo� • • %�/ Feet 0 2,000 4,000 Figure 2 USGS Topographic (Kannapolis) Map ODFL Concord Service Center (SAW-2022-01741) Kim ey >> Horn Concord, Cabarrus County, NC August 2023 Legend r19 Project Boundary sv NWI Wetlands C3 SSURGO Soils '. Hydric Rating Hydric (1-32%) Hydric (67-99%) Not Hydric (0%) b i d O^s kv� v SS t Windswept-Rd*SW-111% Ilk e :A .aa...... I—— mea� a,ae,a; Na scabanas 1—a ,xartn mra-na(-.1)'y O' ArAm� a Armenaloam, 112 p,,—nt slopes, rarely flaptleGe Wo k 1Totals 2 59 1 29 Mee pa for Area pf GAer Kimley >>Horn Al l IME Feet 400 800 Figure 3 SSURGO Soils and NWI Map ODFL Concord Service Center (SAW-2022-01741) Concord, Cabarrus County, NC August 2023 TAAE a r' Obi i o v on , a a. U q `. }� '" ` 'i" ' " _ `{p•a r NL A t b 1 PAN .,- d `^C d y�4 j're� �o6�°r l .��� Wetland 1 (0.13 ac) Stream 2 (1,621 LF/ 0.21 ac) A ri d. rt*•�.$` �*"c a�.• ,'i: ` Stream 1 (201 LF/0 02 ac) L 3 •tee � � �- n � �.: 1y, 4I& , s Legend 13 Project Boundary e , • a, Wetland 2 (4.9 ac) 1I" (SAW-2022-01741) PJD Study Area Wetlands Streams Intermittent Perennial Feet '. 0 400 800 Kimley>>Horn Figure 4 Existing Conditions ODFL Concord Service Center (SAW-2022-01741) Concord, Cabarrus County, NC August 2023 PERMIT DRAWINGS ��o MS RGA irnol�NOO6Z OOOOZ9046L64S5-N. - W � i p¢o�N_A . . 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SAW-2022-01741 County: Cabarrus U.S.G.S. Quad: NC-Kannapolis NOTIFICATION OF JURISDICTIONAL DETERMINATION Requestor: Bootsmead Lease Co LLC Mark Fiddes Address: 1717 S BoulderAvenue. Suite 400 Tulsa. OK 74119 Telephone Number: 704-549-4880 E-mail: marknguartilecapital.com Size (acres) 60 Nearest Waterway Coddle Creek USGS HUC 03040105 Nearest Town Concord River Basin UnnerPeeDee Coordinates Latitude:35.38002500 Longitude:-80.639759 Location description: Project is comprised of undeveloped forested land and open fields. The property is bound by Concord Parkway to the North and George W. Liles parkway to the Westin Concord, Cabarrus County. North Carolina. PIN: 55197810620000 Indicate Which of the Following Apply: A. Preliminary Determination ® There appearto be waters onthe above described proj ectarea/property, that may be subjectto Section 404 ofthe Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 ofthe Rivers and Harbors Act (RHA) (33 USC § 403). The waters have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate andreliable. The approximate boundaries of these waters are shown on the enclosed delineation map dated 8/2/2022. Therefore this preliminary jurisdictiondetermination may be used in the permit evaluation process, including determinin g compensatory mitigation. Forpurposes of computation of impacts, compensatory mitigation requirements, and otherresource protection measures, a permit decision made onthe basis of a preliminary JD will treat allwaters and wetlands that would be affected in any way by the permittedactivity onthe site as if they are jurisdictionalwaters of the U.S. This preliminary determination is not an appealable action underthe Regulatory Program Administrative AppealProcess (Reference 33 CFRPart331). However, you may request an approved JD, whichis an appealable action, by contacting the Corps district for further instruction. ❑ There appearto be waters onthe above described proj ectarea/property, that may be subjectto Section 404 ofthe Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 ofthe Rivers and Harbors Act (RHA) (33 USC § 403). However, since the waters have not been properly delineated, this preliminary jurisdictiondetermination may notbe used in the permit evaluation process. Without a verified wetland delineation, this prelim inary determination is merely an effective presumption of CWA/RHA jurisdiction over allof the waters at the project area, which is not sufficiently accurate andreliable to support an enforceable permit decision. We recommend thaty on have the waters ony our project area/property delineated. As the Corps may notbe able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultantto conduct a delineation that can be verified by the Corps. B. Approved Determination ❑ There are Navigable Waters ofthe United States within the above described project area/property subjectto the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 ofthe Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determinationmay be relied uponfor a period not to exceed five years from the date of this notification. ❑ There are waterson the above describedproject area/property subjectto the permit requirements of Section 404 ofthe Clean WaterAct (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination maybe relied upon fora period not to exceed five y cars from the date ofthis notification. ❑ We recommend you have the waters on your project area/property delineated. As the Corps may notbe able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. ❑ The waters onyourproject area/property have been delineated and the delineation hasbcenverifiedby theCorps. The approximate boundaries of these waters are shown onthe enclosed delineation map dated DATE. We strongly suggestyouhave SAW-2022-01741 this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of allareas subject to CWAj urisdiction on your property which, provided there is no change in the law or our published regulations, maybe relied upon for a period notto exceedfive years. ❑ The waters have been delineated and surveyed and are accurately depicted on theplat signed by the Corps Regulatory Official identified below onDATE. Unless there is a change in the law or our published regulations, this determination maybe relied upon for aperiod not to exceedfive years from the date of this notification. ❑ There are no waters of the U.S., to include wetlands, presenton the above de scribed project area/property whichare subjectto the permit requirements of Section404of the Clean WaterAct (33 USC 1344). Unless there is a change in the laworourpublished regulations, this determination maybe relied upon fora period notto exceedfive years from the date ofthis notification. ❑ The property is located in one ofthe 20 CoastalCounties subject to regulation underthe Coastal Area Management Act (CAMA). You should contactthe Division of Coastal Management in Morehead City,NC, at (252) 808-2808 to determine their requirements. Pla c em ent of dredged or fill material within waters of the US, in eluding wetlands, without a Department ofthe Army permit may constitute aviolationof Section301 of the C1eanWaterAct (33 USC § 1311). Placementof dredgedorfill material, construction or placementof structures, orwork within navigable waters ofthe United States without a Department of the Armypermit may constitute aviolationof Sections 9 and/or 10 of the Rivers andHarbors Act (33 USC § 401 and/or403). If you haveany questions regardingthis determination and/orthe Corps regulatory program, please contact KrystynkaB Stygar at 252-545-0507or krystynka.b.stygar amsace.army.mil. C. Basis For Determination: Based on information submitted by the applicant and available to the U.S. Army Corps of Engineers, the project area exhibits criteria for waters of the U.S. as defined in 33 CFR 328, Regulatory Guidance Letter 05-05, the 1987 Wetland Delineation Manual, and/or the Regional Supplement to the 1987 Manual: Eastern Piedmont and Mountains v2.0: See the preliminary _jurisdictional determination form dated 8/18/2022. D. Remarks: see approximate aquatic resources on map, `PJD Field Sketch, Grounds at Concord —August 2022 " E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act j urisdiction for the particular site identified in this request The delineation/determination may notbe valid for the wetland conservation provisions of the Food Security Act of 1985. If you or y o ur tenant are USDA Program participants, or anticipate participation in USDA pro gram s, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) If you object to this determination, you may request an administrative appeal under Corps regulations at 3 3 CFR Part 3 3 1. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and Request for Appeal (RFA) form. Ifyourequest to appeal this determ ination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Mr. Philip A. Shannin Administrative Appeal Review Officer 60 Forsyth Street SW, FloorM9 Atlanta, Georgia 3 0303 -8803 AND PH ILIP.A. SHANNIN&USACE.ARMY.MIL, In orderfor an RFA to be accepted by the Corps, the Corps must determine that it is complete, thatit meets the criteriafor appeal under 33 CFR part 331.5, andthatithas been received by the Division Office within 60 days ofthe date ofthe NAP. Should you decide to submit an RFAfonu, it must be received at the above address by Not applicable. **It is not necessary to submit anRFAform to the Di vision Office if you do not object to the determination in this correspondence.** Corps Regulatory Official: Date of JD: 8/18/2022 ExpirationDate of JD-. Not applicable SAW-2022-01741 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at http: //corpsmapu. usace. army.mil/cm_apex/f?p=136:4:0 Copy furnished: Agent: Kimely-Horn TaylorKiker Address: 200 South Tryon Street, Suite 200 Charlotte, NC 28202 Telephone Number: 980-296-0810 E-mail: taylor.kikernkimely-horn com NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: Bootsmead Lease Co LLC,MarkFiddes File Number: SAW-2022-01741 Date: 8/18/2022 Attached is: See Section below INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A PROFFERED PERMIT (Standard Permit or Letter of permission) B PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D ® PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I - The following identifies yourrights and options regardingan administrative appealof the above decision. Additionalinformation may be found at orhttp://www.usace.army.mil/Missions/CivilWorks/Re"latoaProgramandPermits.aspx or the Corps regulations at33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Perm it, you may sign the perm it document and return it to the district engineer for final authorization. If you received a Letter of Permission(LOP), you may acceptthe LOP andyourwork is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appealthe permit, including its terms and conditions, and approved jurisdictionaldeterminations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeityourright to appealthe permit in the future. Upon receipt of yourletter, the district engineer will evaluateyour objections and may: (a) modify the perm itto address allof your concerns, (b) modify the perm itto address some of your objections, or (c) not modify the perm it having determined that the permit should be issued as previously written. After evaluatingyour objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Perm it, you may sign the perm it document and return it to the district engineer for final authorization. If you received a Letter of Permission(LOP), you may acceptthe LOP andyourwork is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appealthe permit, including its terms and conditions, and approved jurisdictionaldeterminations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain term sand conditions therein, you may appealthe declined permit underthe Corps of Engineers Administrative Appeal Process by completing Section II of this form and sendingthe form to the division engineer. This form mustbe received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appealthe denial of a perm it underthe Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may acceptor appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appealthe approved JD. • APPEAL: If you disagree with the approved JD, you may appealthe approved JD underthe Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new inform ation for further consideration by the Corps to reevaluate the JD. SECTION II - REQUEST FOR API IONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appea ling the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where yourreasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appealis limited to areview of the administrative record, the Corps memorandum forthe record of the appeal conference ormeeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neitherthe appellantnorthe Corpsmay addnewinformation oranalysesto the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regardingthis decision and/orthe If you only have questions regarding the appeal process you may appeal process you may contact: also contact: District Engineer, Wilmington Regulatory Division MR. PHILIP A. SHANNIN Attn: Krystynka B Stygar ADMINISTRATIVE APPEAL REVIEW OFFICER Charlotte Regulatory Office CESAD-PDS-O U.S Army Corps of Engineers 60 FORSYTH STREET SOUTHWEST, FLOOR M9 8430 University Executive Park Drive, Suite 615 ATLANTA, GEORGIA 30303-8803 Charlotte, North Carolina 28262 PHONE: (404) 562-5136; FAX (404) 562-5138 EMAIL: PHIL IP.A.SHANNINAUSACE.ARMY.MIL RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appealprocess. You will be provided a 15 -day notice of any site investigation, and will have the oppornItunity to participate mall site investi ations. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: Krystynka B Stygar, 8430 University Executive park Drive, suite 615, Charlotte, North Carolina28262 For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Philip Shannin, Administrative Appeal Officer, CESAD-PDO,60 Forsyth Street,Room 1 OM15,Atlanta, Georgia30303-8801 Phone: (404) 562-5137 PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: 08/12/2022 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Bootsmead Lease Co LLC, Mark Fiddes, 1717 S Boulder Avenue, Suite 400, Tulsa, OK 74119 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Grounds at Concord, SAW- 2022-01741 D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: Project is comprised of undeveloped forested land and open fields. The property is bound by Concord Parkway to the North and George W. Liles parkway to the West in Concord, Cabarrus County, North Carolina. PIN: 55197810620000 (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: NC County: Cabarrus City: Concord Center coordinates of site (lat/long in degree decimalformat): Latitude: 35.38002500 Longitude:-80.639759 Universal Transverse Mercator: Name of nearestwaterbody: Coddle Creek/wolf meadowbranch E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ® Office (Desk) Determination. Date: August 18, 2022 ❑ Field Determination. Date(s): TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION Site Number Latitude Longitude Estimated Type of aquatic Geographic authority to (decimal (decimal amountof resources (i.e., which the aquatic degrees) degrees) aquatic wetland vs. resource "may be" resources in non -wetland subject (i.e., Section 404 reviewarea waters) or Section 10/404) (acreage and linear feet, if applicable Stream 1 35.380250 -80.639759 68 LF Non -wetland Section 440 waters Wetland 1 35.382250 -80.643532 6.37 acres Wetland Section 404 Wetland 2 35.3772700 -80.638806 0.18 acres Wetland Section 404 1. The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an approved 7D (AID) for that review area based on an informed decision after having discussed the various types of 7Ds and their characteristics and circumstances when they may be appropriate. 2. In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre- construction notification" (PCN), or requests verification for a non -reporting NWP or other general permit, and the permit applicant has not requested an AID for the activity, the permit applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit authorization based on a PJD, which does not make an official determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AID before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an AID could possibly result in less compensatory mitigation being required or different special conditions; (3) the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) undertaking any activity in reliance upon the subjectpermit authorization without requesting an AID constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrative orjudicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AID or a PJD, the 7D will be processed as soon as practicable. Further, an AID, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it becomes appropriate to make an official determination whether geographic jurisdiction exists over aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic resources in the review area, the Corps will provide an AID to accomplish that result, as soon as is practicable. This PJD finds that there "may be"waters of the U. S. and/or that there "may be" navigable waters of the U. S. on the subject review area, and identifies all aquatic features in the review area that could be affected by the proposed activity, based on the following information: SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items are included in the administrative record and are appropriately cited: ❑ Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Map: ® Data sheets prepared/submitted by or on behalf of the PJD requestor. Data sheets: ❑ Office concurs with data sheets/delineation report. ❑ Office does not concurwith data sheets/delineation report. Rationale: ❑ Data sheets prepared by the Corps: ❑ Corps navigable waters' study: ❑U.S. Geological Survey Hydrologic Atlas: ❑ USGS NHD data: ❑ USGS 8 and 12 digit HUC maps: ®U.S. Geological Survey map(s). Cite scale & quad name: Figure 2, Kannapolis Map ® Natural Resources Conservation Service Soil Survey. Citation: Figure 3, SSURGO Soils. ®Nationalwetlands inventory map(s). Cite name: Figure 3, August 2022 ❑ State/local wetland inventory map(s): ❑ FEMA/FIRM maps: ❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929) ® Photographs: ❑ Aerial (Name & Date): or ® Other (Name & Date): 07/12/2022-site photographs ❑ Previous determination(s). File no. and date of response letter: ® Other information (please specify): LIDAR Figure 5 IMPORTANT NOTE: The information recorded on this form has not necessarily beenverified by the Corns and should not be relied upon for later jurisdictional determinations. Signature and date of Regulatory staff member completing PJD 8/ 18/2022 Signature and date of person requesting PJD (REQUIRED, unless obtainingthe signature is impracticable)' 1 Districts may establish timeframes for requester to return signed PJD forms. If the requester does not respond within the established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action. Y' `" S �� XR k• 3 t y r t �o,vel c L� r 17 • Wetland 1 (6.37 ac),t , IIIC` _ j, Q r, Stream 1 (68 LF/ 0.006 ac) �o „ �� � `y► Pf ri`: r� O Wetland 2 (0.18 ac) Legend o 13 Project Boundary Photo Locations�5 � 5 Data Forms flo 0 Up O Wet Wetlands (Potential Wetland WoUS) Wetlands Windswept Rd SW- ;_, .�� ..r �• Streams (Potential Non -Wetland WoUS)-44 Feet Streams r; 0 370 740 Kimley>>Horn Figure 4 PJD Field Sketch Grounds at Concord Concord, Cabarrus County, NC August2022 ua FIM SE� .Fe United States Department of the Interior FISH AND WILDLIFE SERVICE Asheville Field Office 160 Zillicoa Street Asheville, North Carolina 28801 October 28, 2022 Gabby Barajas Kimley-Horn 200 South Tryon Street, Suite 200 Charlotte, North Carolina 28202 Gabby.Baraias@kimley-horn.com Subject: Grounds at Concord Industrial Development; Cabarrus County, North Carolina Dear Gabby Barajas: The U.S. Fish and Wildlife Service (Service) has reviewed the information provided in your correspondence received October 27, 2022, wherein you solicit our comments regarding project - mediated impacts to federally protected species. We submit the following comments in accordance with the provisions of the Fish and Wildlife Coordination Act, as amended (16 U.S.C. 661-667e); the National Environmental Policy Act (42 U.S.C. §4321 etseq.); and section 7 of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531-1543) (Act). Project Description According to the information provided, the Applicant proposes to construct an industrial development in Concord, North Carolina. The information provided suggests that the proposed project will require authorization from the U.S. Army Corps of Engineers for unavoidable impacts to Waters of the United States. No project design plans or a description of impacts to onsite habitats have been prepared or provided to our office at this time Federally Listed Endangered and Threatened Species We appreciate your consideration for project -mediated impacts to the federally threatened northern long-eared bat (Myotis septentrionahs). On September 21, 2022, the consultation range for this animal was updated based on the best available scientific data. Based on the information provided, the action area (50CFR 402.02) for this project is now outside of the species' consultation range. Therefore, consultation for this animal is not required at this location. Your correspondence indicates that suitable habitat is present onsite for the federally endangered Schweinitz's sunflower (Helianthus schweinitzii). However, targeted botanical surveys conducted during the appropriate timeframes (September, 2022) did not detect evidence for this species at that time. Based on the information provided, we believe that the probability for inadvertent loss of this plant is insignificant and discountable and we would concur with a "may affect, not likely to adversely affect" determination from the action agency. Botanical survey results are valid for two years for the purposes of consultation under the Act: httDS://www.fws. uov/asheville/Ddfs/ODtimal%20Survev%2OWindows%20for%2Olisted%20DIant s%202020.pdf Suitable habitat for tricolored bat (Perimyotis subfZavus) may present at the site. On September 14, 2022, the Service published a proposal in the Federal Register to list the tricolored bat as endangered under the Act. The Service has up to 12 months from the date the proposal published to make a final determination, either to list the tricolored bat under the Act or to withdraw the proposal. The Service determined the bat faces extinction primarily due to the range -wide impacts of WNS. Because tricolored bat populations have been greatly reduced due to WNS, surviving bat populations are now more vulnerable to other stressors such as human disturbance and habitat loss. Species proposed for listing are not afforded protection under the Act; however, as soon as a listing becomes effective (typically 30 days after publication of the final rule in the Federal Register), the prohibitions against jeopardizing its continued existence and "take" will apply. Therefore, if you suspect your future or existing project may affect tricolored bats after the potential new listing goes into effect, we recommend analyzing possible effects of the project on tricolored bats and their habitat to determine whether consultation under section 7 of the Act is necessary. Conferencing procedures can be followed prior to listing to ensure the project does not jeopardize the existence of a species. Projects with an existing section 7 biological opinion may require re -initiation of consultation to provide uninterrupted authorization for covered activities. Please contact our office for additional guidance or assistance. Monarch butterfly is a candidate species, and we appreciate the project proponent's consideration of monarch butterfly when evaluating the action area for impacts to federally listed species and their habitats. The species is not subject to section 7 consultation, and an effects determination is not necessary. General recommendations for pollinators can be provided and would be protective of monarch butterfly should the project proponent like to implement them in the future. We believe the requirements under section 7 of the Act are fulfilled at this time. However, obligations under section 7 of the Act must be reconsidered if: (1) new information reveals impacts of the identified action may affect listed species or critical habitat in a manner not previously considered, (2) the identified action is subsequently modified in a manner that was not considered in this review, or (3) a new species is listed or critical habitat is determined that may be affected by the identified action. We offer the following recommendations on behalf of natural resources: Erosion and Sediment Control Measures to control sediment and erosion should be installed before any ground -disturbing activities occur. Grading and backfilling should be minimized, and existing native vegetation should be retained (if possible) to maintain riparian cover for fish and wildlife. Disturbed areas should be revegetated with native vegetation as soon as the project is completed. Ground disturbance should be limited to what will be stabilized quickly, preferably by the end of the workday. Natural fiber matting (coir) should be used for erosion control as synthetic netting can trap animals and persist in the environment beyond its intended purpose. Impervious Surfaces and Low -Impact Development Increased storm -water runoff also degrades aquatic and riparian habitat, causing stream -bank and stream -channel scouring. Impervious surfaces reduce groundwater recharge, resulting in even lower than expected stream flows during drought periods, which can induce potentially catastrophic effects for fish, mussels, and other aquatic life. Accordingly, we recommend that all new development, regardless of the percentage of impervious surface area they will create, implement storm -water -retention and -treatment measures designed to replicate and maintain the hydrograph at the preconstruction condition to avoid any additional impacts to habitat quality within the watershed. We recommend the use of low -impact -development techniques, such as reduced road widths, grassed swales in place of curb and gutter, rain gardens, and wetland retention areas, for retaining and treating storm -water runoff rather than the more traditional measures, such as large retention ponds, etc. These designs often cost less to install and significantly reduce environmental impacts from development. Where detention ponds are used, storm -water outlets should drain through a vegetated area prior to reaching any natural stream or wetland area. Detention structures should be designed to allow for the slow discharge of storm water, attenuating the potential adverse effects of storm -water surges; thermal spikes; and sediment, nutrient, and chemical discharges. Also, because the purpose of storm -water -control measures is to protect streams and wetlands, no storm -water -control measures or best management practices should be installed within any stream (perennial or intermittent) or wetland. The Service appreciates the opportunity to provide these comments. Please contact Mr. Byron Hamstead of our staff at byron_hamstead@fws.gov if you have any questions. In any future correspondence concerning this project, please reference our Log Number 4-2-23-416. Sincerely, - - original signed - - Janet Mizzi Field Supervisor United States Department of the Interior FISH AND WILDLIFE SERVICE Asheville Ecological Services Field Office 160 Zillicoa Street Asheville, NC 28801-1082 Phone: (828) 258-3939 Fax: (828) 258-5330 In Reply Refer To: Project Code: 2023-0008949 Project Name: Grounds at Concord August 09, 2023 Subject: List of threatened and endangered species that may occur in your proposed project location or may be affected by your proposed project To Whom It May Concern: The enclosed species list identifies threatened, endangered, proposed and candidate species, as well as proposed and designated critical habitat, that may occur within the boundary of your proposed project and/or may be affected by your proposed project. The enclosed species list fulfills the requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). Please note that new species information can change your official species list. Under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act, the accuracy of this species list should be verified after 90 days. The Service recommends you visit the ECOS-IPaC website at regular intervals during project planning and implementation to ensure your species list is accurate or obtain an updated species list. The purpose of the Act is to provide a means whereby threatened and endangered species and the ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to utilize their authorities to carry out programs for the conservation of threatened and endangered species and to determine whether projects may affect threatened and endangered species and/or designated critical habitat. A biological assessment (BA) or biological evaluation (BE) should be completed for your project. A BA is required for major construction activities (or other undertakings having similar physical impacts) considered to be Federal actions significantly affecting the quality of the human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2) (c)) (NEPA). For projects other than major construction activities, the Service suggests that a BE be prepared to determine effects of the action and whether those effects may affect listed species and/or designated critical habitat. E?ects of the action are all consequences to listed species or critical habitat that are caused by the proposed action, including the consequences of other 08/09/2023 activities that are caused by the proposed action. A consequence is caused by the proposed action if it is reasonably certain to occur and would not occur "but for" the proposed action.. Recommended contents of a BA/BE are described at 50 CFR 402.12. More information and resources about project review and preparing a BA/BE can be found at the following web link: https://www.fws. gov/office/asheville-ecological-services/asheville-field-office-online-review- process-overview. If a Federal agency determines listed species and/or designated critical habitat may be affected by the proposed project, the agency is required to consult with the Service pursuant to 50 CFR 402. The Service is not required to concur with "no effect" determinations from Federal action agencies. If consultation is required, the Service recommends that candidate species, proposed species, proposed critical habitat, and at -risk species be addressed within the consultation. More information on the regulations and procedures for section 7 consultation, including the role of permit or licensed applicants, can be found in the "Endangered Species Consultation Handbook" at the following web link: https://www.fws.gov/media/endangered-species-consultation- handbook. Migratory Birds: In addition to responsibilities to protect threatened and endangered species under the Act, there are additional responsibilities under the Migratory Bird Treaty Act (MBTA) and the Bald and Golden Eagle Protection Act (BGEPA) to protect native birds from project - related impacts. Any activity, intentional or unintentional, resulting in take of migratory birds, including eagles, is prohibited unless otherwise permitted by the Service (50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)). More information about MBTA and BGEPA can be found at the following web link: https://www.fws.gov/program/migratory-birds. We appreciate your consideration of Federally listed species. The Service encourages Federal agencies to include conservation of threatened and endangered species in their project planning to further the purposes of the Act. Please contact our staff at 828-258-3939, if you have any questions. In any future correspondence concerning this project, please reference the Consultation Code which can be found in the header of this letter. Attachment(s): • Official Species List • USFWS National Wildlife Refuges and Fish Hatcheries • Migratory Birds • Wetlands OFFICIAL SPECIES LIST This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the requirement for Federal agencies to "request of the Secretary of the Interior information whether any species which is listed or proposed to be listed may be present in the area of a proposed action". 08/09/2023 This species list is provided by: Asheville Ecological Services Field Office 160 Zillicoa Street Asheville, NC 28801-1082 (828) 258-3939 08/09/2023 4 PROJECT SUMMARY Project Code: 2023-0008949 Project Name: Grounds at Concord Project Type: Commercial Development Project Description: Less than truckload (LTL) freight facility Project Location: The approximate location of the project can be viewed in Google Maps: https: www.google.com/maps/@35.380434550000004,-80.64148459364327,14z Counties: Cabarrus County, North Carolina 08/09/2023 ENDANGERED SPECIES ACT SPECIES There is a total of 3 threatened, endangered, or candidate species on this species list. Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species. IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA Fisheriesi, as USFWS does not have the authority to speak on behalf of NOAA and the Department of Commerce. See the "Critical habitats" section below for those critical habitats that lie wholly or partially within your project area under this office's jurisdiction. Please contact the designated FWS office if you have questions. 1. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce. MAMMALS NAME S TATU S Tricolored Bat Perimyotis sub flavus Proposed No critical habitat has been designated for this species. Endangered Species profile: https://ecos.fws.gov/ecp/species/10515 INSECTS NAME S TATU S Monarch Butterfly Danaus plexippus Candidate No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/9743 FLOWERING PLANTS NAME S TATU S Schweinitz's Sunflower Helianthus schweinitzii Endangered No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/3849 CRITICAL HABITATS THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. YOU ARE STILL REQUIRED TO DETERMINE IF YOUR PROJECT(S) MAY HAVE EFFECTS ON ALL ABOVE LISTED SPECIES. 08/09/2023 USFWS NATIONAL WILDLIFE REFUGE LANDS AND FISH HATCHERIES Any activity proposed on lands managed by the National Wildlife Refuge system must undergo a 'Compatibility Determination' conducted by the Refuge. Please contact the individual Refuges to discuss any questions or concerns. THERE ARE NO REFUGE LANDS OR FISH HATCHERIES WITHIN YOUR PROJECT AREA. MIGRATORY BIRDS Certain birds are protected under the Migratory Bird Treaty Act! and the Bald and Golden Eagle Protection Act2. Any person or organization who plans or conducts activities that may result in impacts to migratory birds, eagles, and their habitats should follow appropriate regulations and consider implementing appropriate conservation measures, as described below. 1. The Migratory Birds Treater of 1918. 2. The Bald and Golden Eagle Protection Act of 1940. 3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a) The birds listed below are birds of particular concern either because they occur on the USFWS Birds of Conservation Concern (BCC) list or warrant special attention in your project location. To learn more about the levels of concern for birds on your list and how this list is generated, see the FAQ below. This is not a list of every bird you may find in this location, nor a guarantee that every bird on this list will be found in your project area. To see exact locations of where birders and the general public have sighted birds in and around your project area, visit the E-bird data mapping tool (Tip: enter your location, desired date range and a species on your list). For projects that occur off the Atlantic Coast, additional maps and models detailing the relative occurrence and abundance of bird species on your list are available. Links to additional information about Atlantic Coast birds, and other important information about your migratory bird list, including how to properly interpret and use your migratory bird report, can be found below. For guidance on when to schedule activities or implement avoidance and minimization measures to reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE SUMMARY at the top of your list to see when these birds are most likely to be present and breeding in your project area. 08/09/2023 NAME BREEDING SEASON Bald Eagle Haliaeetus leucocephalus Breeds Sep 1 to This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention Jul 31 because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. Cerulean Warbler Dendroica cerulea Breeds Apr 28 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Jul 20 and Alaska. https:Hecos.fws.gov/ecp/species/2974 Chimney Swift Chaetura pelagica Breeds Mar 15 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 25 and Alaska. Prairie Warbler Dendroica discolor Breeds May 1 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Jul 31 and Alaska. Prothonotary Warbler Protonotaria citrea Breeds Apr 1 to This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA Jul 31 and Alaska. Red-headed Woodpecker Melanerpes erythrocephalus Breeds May 10 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Sep 10 and Alaska. Rusty Blackbird Euphagus carolinus Breeds This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions elsewhere (BCRs) in the continental USA Wood Thrush Hylocichla mustelina Breeds May 10 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 31 and Alaska. PROBABILITY OF PRESENCE SUMMARY The graphs below provide our best understanding of when birds of concern are most likely to be present in your project area. This information can be used to tailor and schedule your project activities to avoid or minimize impacts to birds. Please make sure you read and understand the FAQ "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting to interpret this report. Probability of Presence (■) Each green bar represents the bird's relative probability of presence in the 10km grid cell(s) your project overlaps during a particular week of the year. (A year is represented as 12 4-week months.) A taller bar indicates a higher probability of species presence. The survey effort (see below) can be used to establish a level of confidence in the presence score. One can have higher confidence in the presence score if the corresponding survey effort is also high. 08/09/2023 How is the probability of presence score calculated? The calculation is done in three steps: 1. The probability of presence for each week is calculated as the number of survey events in the week where the species was detected divided by the total number of survey events for that week. For example, if in week 12 there were 20 survey events and the Spotted Towhee was found in 5 of them, the probability of presence of the Spotted Towhee in week 12 is 0.25. 2. To properly present the pattern of presence across the year, the relative probability of presence is calculated. This is the probability of presence divided by the maximum probability of presence across all weeks. For example, imagine the probability of presence in week 20 for the Spotted Towhee is 0.05, and that the probability of presence at week 12 (0.25) is the maximum of any week of the year. The relative probability of presence on week 12 is 0.25/0.25 = 1; at week 20 it is 0.05/0.25 = 0.2. 3. The relative probability of presence calculated in the previous step undergoes a statistical conversion so that all possible values fall between 0 and 10, inclusive. This is the probability of presence score. Breeding Season( ) Yellow bars denote a very liberal estimate of the time -frame inside which the bird breeds across its entire range. If there are no yellow bars shown for a bird, it does not breed in your project area. Survey Effort (1) Vertical black lines superimposed on probability of presence bars indicate the number of surveys performed for that species in the 10km grid cell(s) your project area overlaps. The number of surveys is expressed as a range, for example, 33 to 64 surveys. No Data (—) A week is marked as having no data if there were no survey events for that week. Survey Timeframe Surveys from only the last 10 years are used in order to ensure delivery of currently relevant information. The exception to this is areas off the Atlantic coast, where bird returns are based on all years of available data, since data in these areas is currently much more sparse. ■ probability of presence breeding season I survey effort — no data SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Bald Eagle Non -BCC ++++ ++1+ 41 1 1 1 1 I I I 1 1 1- i� ++�+ ��++ +++1 ++++ ++++ Vulnerable Cerulean Warbler I C011 ■■ ■■■ BCC Rangewide ++++ ++++ ++++ +++ ++ ++++ ++.+ ..++ ++++ ++++ ++++ (CON) TEEN 1k' 08/09/2023 E Chimney Swift ++++ BCC Rangewide I +++ 1 I L� 1 �i J0+10 0+1p —1" "++ ++++ ++++ (CON) — — — — — — — --- Prairie Warbler BCC Rangewide +-I l l Jill l i l l 1 1 1 1- + I I I 1 I. I -. I I++-f I IIII d i l l (CON) Prothonotary +++ Z: ZJJJ '................ Warbler +++ + +++ + ++ BCC Rangewide (CON) Red-headed Woodpecker ++++ ++++ ++++ ++++ ++++ J+++ � �+ ��++ +'++ ++++ ++++ BCC Rangewide MENMEN (CON) Rusty Blackbird ++++ ++++ ++++ ++++ ++++ ++++ ++++ ++.+ ..++ ++++'+'+ ++++ BCC -BCR Wood Thrush BCC Rangewide ++++ ++++ ++++ +++, ++'+ ++++ ++�+ ��'+ ++++ ++++ ++++ (CON) Additional information can be found using the following links: • Birds of Conservation Concern https://www.fws.gov/program/migratory-birds/species • Measures for avoiding and minimizing impacts to birds https://www.fws.g//www.fws.gov/librqu/ collections/avoiding-and-minimizing-incidental-take-miuratorv-birds • Nationwide conservation measures for birds https://www.fws.gov/sites/default/files///www.fws.gov/sites/default/files/ documents/nationwide-standard-conservation-measures.Ddf MIGRATORY BIRDS FAQ Tell me more about conservation measures I can implement to avoid or minimize impacts to migratory birds. Nationwide Conservation Measures describes measures that can help avoid and minimize impacts to all birds at any location year round. Implementation of these measures is particularly important when birds are most likely to occur in the project area. When birds may be breeding in the area, identifying the locations of any active nests and avoiding their destruction is a very helpful impact minimization measure. To see when birds are most likely to occur and be breeding in your project area, view the Probability of Presence Summary. Additional measures or permits may be advisable depending on the type of activity you are conducting and the type of infrastructure or bird species present on your project site. What does IPaC use to generate the list of migratory birds that potentially occur in my specified location? The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern (BCQ and other species that may warrant special attention in your project location. 08/09/2023 10 The migratory bird list generated for your project is derived from data provided by the Avian Knowledge Network (AKN). The AKN data is based on a growing collection of survey, banding_, and citizen science datasets and is queried and filtered to return a list of those birds reported as occurring in the 10km grid cell(s) which your project intersects, and that have been identified as warranting special attention because they are a BCC species in that area, an eagle (Eagle Act requirements may apply), or a species that has a particular vulnerability to offshore activities or development. Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your project area. It is not representative of all birds that may occur in your project area. To get a list of all birds potentially present in your project area, please visit the Rapid Avian Information Locator RAIL) Tool. What does IPaC use to generate the probability of presence graphs for the migratory birds potentially occurring in my specified location? The probability of presence graphs associated with your migratory bird list are based on data provided by the Avian Knowledge Network (AKN). This data is derived from a growing collection of survey, banding, and citizen science datasets. Probability of presence data is continuously being updated as new and better information becomes available. To learn more about how the probability of presence graphs are produced and how to interpret them, go the Probability of Presence Summary and then click on the "Tell me about these graphs" link. How do I know if a bird is breeding, wintering or migrating in my area? To see what part of a particular bird's range your project area falls within (i.e. breeding, wintering, migrating or year-round), you may query your location using the RAIL Tool and look at the range maps provided for birds in your area at the bottom of the profiles provided for each bird in your results. If a bird on your migratory bird species list has a breeding season associated with it, if that bird does occur in your project area, there may be nests present at some point within the timeframe specified. If "Breeds elsewhere" is indicated, then the bird likely does not breed in your project area. What are the levels of concern for migratory birds? Migratory birds delivered through IPaC fall into the following distinct categories of concern: 1. "BCC Rangewide" birds are Birds of Conservation Concern (BCC) that are of concern throughout their range anywhere within the USA (including Hawaii, the Pacific Islands, Puerto Rico, and the Virgin Islands); 2. "BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation Regions (BCRs) in the continental USA; and 3. "Non -BCC - Vulnerable" birds are not BCC species in your project area, but appear on your list either because of the Eagle Act requirements (for eagles) or (for non -eagles) potential susceptibilities in offshore areas from certain types of development or activities (e.g. offshore energy development or longline fishing). 08/09/2023 11 Although it is important to try to avoid and minimize impacts to all birds, efforts should be made, in particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC species of rangewide concern. For more information on conservation measures you can implement to help avoid and minimize migratory bird impacts and requirements for eagles, please see the FAQs for these topics. Details about birds that are potentially affected by offshore projects For additional details about the relative occurrence and abundance of both individual bird species and groups of bird species within your project area off the Atlantic Coast, please visit the Northeast Ocean Data Portal. The Portal also offers data and information about other taxa besides birds that may be helpful to you in your project review. Alternately, you may download the bird model results files underlying the portal maps through the NOAA NCCOS Integrative Statistical Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic Outer Continental Shelf project webpage. Bird tracking data can also provide additional details about occurrence and habitat use throughout the year, including migration. Models relying on survey data may not include this information. For additional information on marine bird tracking data, see the Diving Bird Study and the nanotag studies or contact Caleb Spiegel or Pam Lorin. What if I have eagles on my list? If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid violating the Eagle Act should such impacts occur. Proper Interpretation and Use of Your Migratory Bird Report The migratory bird list generated is not a list of all birds in your project area, only a subset of birds of priority concern. To learn more about how your list is generated, and see options for identifying what other birds may be in your project area, please see the FAQ "What does IPaC use to generate the migratory birds potentially occurring in my specified location". Please be aware this report provides the "probability of presence" of birds within the 10 km grid cell(s) that overlap your project; not your exact project footprint. On the graphs provided, please also look carefully at the survey effort (indicated by the black vertical bar) and for the existence of the "no data" indicator (a red horizontal bar). A high survey effort is the key component. If the survey effort is high, then the probability of presence score can be viewed as more dependable. In contrast, a low survey effort bar or no data bar means a lack of data and, therefore, a lack of certainty about presence of the species. This list is not perfect; it is simply a starting point for identifying what birds of concern have the potential to be in your project area, when they might be there, and if they might be breeding (which means nests might be present). The list helps you know what to look for to confirm presence, and helps guide you in knowing when to implement conservation measures to avoid or minimize potential impacts from your project activities, should presence be confirmed. To learn more about conservation measures, visit the FAQ "Tell me about conservation measures I can implement to avoid or minimize impacts to migratory birds" at the bottom of your migratory bird trust resources page. 08/09/2023 12 WETLANDS Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under Section 404 of the Clean Water Act, or other State/Federal statutes. For more information please contact the Regulatory Program of the local U.S. Army Corps of Engineers District. Please note that the NWI data being shown may be out of date. We are currently working to update our NWI data set. We recommend you verify these results with a site visit to determine the actual extent of wetlands on site. FRESHWATER FORESTED/SHRUB WETLAND • PF01A 08/09/2023 IPAC USER CONTACT INFORMATION Agency: Kimley-Horn and Associates Name: Taylor Kiker Address: 200 S Tryon St Address Line 2: Suite 200 City: Charlotte State: NC Zip: 28202 Email taylor.kiker@kimley-horn.com Phone: 9802960810 North Carolina Department of Natural and Cultural Resources State Historic Preservation Office Ramona M. Bartos, Administrator Governor Roy Cooper Secretary D. Reid Wilson January 20, 2023 Doug Fox Kimley-Horn 200 South Tryon Street, Suite 200 Charlotte, NC 28203 Office of Archives and History Deputy Secretary, Darin J. Waters, Ph.D. doug foxgkimley-horn.com Re: Construct ODFL Concord Service Center, Concord Parkway South and George W Liles Parkway NW, Concord, Cabarrus County, ER 22-3036 Dear Mr. Fox: Thank you for your letter of December 9, 2022, concerning the above -referenced undertaking. We have reviewed the submittal and offer the following comments. We have conducted a review of the project and are aware of no historic resources which would be affected by the project. Therefore, we have no comment on the project as proposed. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, contact Renee Gledhill -Earley, environmental review coordinator, at 919-814-6579 or environmental. reviewgncdcr.gov. In all future communication concerning this project, please cite the above referenced tracking number. Sincerely, Ramona Bartos, Deputy State Historic Preservation Officer Location: 109 East Jones Street Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: (919) 814-6570/814-6898 COMPENSATORY MITIGATION ROY COOPER Governor ELIZABETH S. BISER Secretary MARC RECKTENWALD Director Kyle Hoyt Hoyt + Berenyi, LLC 346 Seacoast Parkway, Suite 200 Mount Pleasant, SC 29464 NORTH CAROLINA Environmental Quality July 25, 2023 Expiration of Acceptance: 1/25/2024 Project: ODFL Concord Service Center County: Cabarrus The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to accept payment for compensatory mitigation for impacts associated with the above referenced project as indicated in the table below. Please note that this decision does not assure that participation in the DMS in - lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will be approved. You must also comply with all other state, federal or local government permits, regulations or authorizations associated with the proposed activity including G.S. § 143-214.11. This acceptance is valid for six months from the date of this letter and is not transferable. If we have not received a copy of the issued 404 Permit/401 Certification within this time frame, this acceptance will expire. It is the applicant's responsibility to send copies of the permits to DMS. Once DMS receives a copy of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the in -lieu fee to be paid by an applicant is calculated based upon the Fee Schedule and policies listed on the DMS website. Based on the information supplied by you in your request to use the DMS, the impacts for which you are requesting compensatory mitigation credit are summarized in the following table. The amount of mitigation required and assigned to DMS for this impact is determined by permitting agencies and may exceed the impact amounts shown below. River Basin Impact Location 8-di it HUC Impact Type Impact Quantity Yadkin 03040105 Riparian Wetland 0.28 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@deq.nc.gov. Sincerely, FOR James B. Stanfill Deputy Director cc: Chris Tinklenberg, agent North Carolina Department of Environmental Quality I Division of Mitigation Services 217 West Jones Street [ 1652 Mail Service Center I Raleigh. North Carolina 27699-1652 OP9aIGnent of rnrnonmenldl a�al� �f 919,707,8976 NC WAM WETLAND ASSESSMENT FORM Accompanies User Manual Version 5 USACE AID#: SAW-2022-01741 NCDWR #: Project Name ODFL Concord Service Center Date of Evaluation 07/12/2022 Applicant/Owner Name Hoyt + Berenyi, LLC Wetland Site Name W2 Wetland Type Bottomland Hardwood Forest Assessor Name/Organization Kimley-Horn Level III Ecoregion Piedmont Nearest Named Water Body Wolf Meadow Branch River Basin Yadkin-PeeDee USGS 8-Digit Catalogue Unit 03040105 County Cabarrus NCDWR Region Mooresville Yes i` No Precipitation within 48 hrs? Latitude/Longitude (deci-degrees) 35.380067,-80.641496 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? C` Yes (-- No Regulatory Considerations - Were regulatory considerations evaluated? Yes i No If Yes, check all that apply to the assessment area. F_ Anadromous fish F_ Federally protected species or State endangered or threatened species F_ NCDWR riparian buffer rule in effect F_ Abuts a Primary Nursery Area (PNA) r Publicly owned property r 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) C` Blackwater C` Brownwater F_ Tidal (if tidal, check one of the following boxes) Lunar Wind Both Is the assessment area on a coastal island? f` Yes (+ No Is the assessment area's surface water storage capacity or duration substantially altered by beaver? Yes No Does the assessment area experience overbank flooding during normal rainfall conditions? Yes No 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 A A Not severely altered 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 Subsurface 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. 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 sub -surface water. Consider tidal flooding regime, if applicable. Surf Sub A A Water storage capacity and duration are not altered. B B Water storage capacity or duration are altered, but not substantially (typically, not sufficient to change vegetation). 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 (skip for all marshes) 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. A A Majority of wetland with depressions able to pond water > 1 foot deep B B Majority of wetland with depressions able to pond water 6 inches to 1 foot deep 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. A Evidence that maximum depth of inundation is greater than 2 feet B Evidence that maximum depth of inundation is between 1 and 2 feet �+` C Evidence that maximum depth of inundation is less than 1 foot 4. Soil Texture/Structure — assessment area condition metric (skip for all marshes) 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. i` A Sandy soil B Loamy or clayey soils exhibiting redoximorphic features (concentrations, depletions, or rhizospheres) i` C Loamy or clayey soils not exhibiting redoximorphic features i` D Loamy or clayey gleyed soil i` E Histosol or histic epipedon 4b. i+` A Soil ribbon < 1 inch i` B Soil ribbon >_ 1 inch 4c. i+` A No peat or muck presence i` 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 A A Little or no evidence of pollutants or discharges entering the assessment area B B Noticeable evidence of pollutants or discharges entering the wetland and stressing, but not overwhelming the treatment capacity of the assessment area C 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 (skip for non -riparian wetlands) 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 F_ A >_ 10% impervious surfaces F_ B F_ B F_ B Confined animal operations (or other local, concentrated source of pollutants) F_ C F_ C F_ C >_ 20% coverage of pasture F_ D F_ D F_ D >_ 20% coverage of agricultural land (regularly plowed land) F_ E F_ E F_ E >_ 20% coverage of maintained grass/herb F_ F F_ F F_ F >_ 20% coverage of clear-cut land F_ G F_ G F_ G Little or no opportunity to improve water quality. Lack of opportunity may result from little or no disturbance in the watershed or hydrologic alterations that prevent dainage and/or overbank flow from affectio the assessment area. Wetland Acting as Vegetated Buffer — assessment area/wetland complex condition metric (skip for non -riparian wetlands) 7a. Is assessment area within 50 feet of a tributary or other open water? (— Yes (— No If Yes, continue to 7b. If No, skip to Metric 8. 7b. How much of the first 50 feet from the bank is weltand? (Wetland buffer need only be present on one side of the water body. Make buffer judgment based on the average width of wetland. Record a note if a portion of the buffer has been removed or disturbed.) A >_ 50 feet B From 30 to < 50 feet C From 15 to < 30 feet D From 5 to < 15 feet 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. (— <_ 15-feet wide (— > 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? (— Yes (— No 7e. Is tributary or other open water sheltered or exposed? Sheltered — adjacent open water with width < 2500 feet and no regular boat traffic. Exposed — adjacent open water with width >_ 2500 feet or regular boat traffic. 8. Wetland Width at the Assessment Area — wetland type/wetland complex condition metric (evaluate WT for all marshes and Estuarine Woody Wetland only; evaluate WC for Bottomland Hardwood Forest, Headwater Forest, and Riverine Swamp Forest 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 area (WC). See User Manual for WT and WC boundaries. WT WC A A >_ 100 feet B B From 80 to < 100 feet C C From 50 to < 80 feet D D From 40 to < 50 feet E E From 30 to < 40 feet F F From 15 to < 30 feet G G From 5 to < 15 feet H H < 5 feet 9. Inundation Duration — assessment area condition metric (skip for non -riparian wetlands) Answer for assessment area dominant landform. A Evidence of short -duration inundation (< 7 consecutive days) 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 (skip for non -riparian wetlands and all marshes) Consider recent deposition only (no plant growth since deposition). A Sediment deposition is not excessive, but at approximately natural levels. B Sediment deposition is excessive, but not overwhelming the wetland. 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) A A A >_ 500 acres B B B From 100 to < 500 acres t` C t` C C From 50 to < 100 acres D D t` D From 25 to < 50 acres E E t` E From 10 to < 25 acres F t` F f` F From 5 to < 10 acres G i G r G From 1 to < 5 acres H i H r H From 0.5 to < 1 acre I i+' I (+ I From 0.1 to < 0.5 acre J r J i' J From 0.01 to < 0.1 acre K (— K K < 0.01 acre or assessment area is clear-cut 12. Wetland Intactness —wetland type condition metric (evaluate for Pocosins only) A Pocosin is the full extent (>_ 90%) of its natural landscape size. 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 A t` A >_ 500 acres B B From 100 to < 500 acres C t` C From 50 to < 100 acres D t` D From 10 to < 50 acres E t` E < 10 acres F t` F Wetland type has a poor or no connection to other natural habitats 13b. Evaluate for marshes only. (— Yes (— 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 and Estuarine Woody Wetland) 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. Artificial edge occurs within 150 feet in how many directiions? If the assessment area is clear-cut, select option "C." A 0 B 1to4 C 5 to 8 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. 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. C Vegetation severely altered from reference in composition, or expected species are unnaturally absent (planted stands of non - characteristic species or at least one stratum inappropriately composed of a single species), or exotic species are dominant in at least one stratum. 16. Vegetative Diversity — assessment area condition metric (evaluate for Non -tidal Freshwater Marsh only) 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. C Vegetation is dominated by exotic species (>50% cover of exotics). 17. Vegetative Structure — assessment area/wetland type condition metric 17a. Is vegetation present? r- 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 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 �+` A r: A Canopy closed, or nearly closed, with natural gaps associated with natural processes o t` B B Canopy present, but opened more than natural gaps m U C C Canopy sparse or absent o t` A A Dense mid-story/sapling layer in r: B r+ B Moderate density mid-story/sapling layer C C Mid-story/sapling layer sparse or absent s A A Dense shrub layer t r: B r: B Moderate density shrub layer c C C Shrub layer sparse or absent A A Dense herb layer B B Moderate density herb layer C C Herb layer sparse or absent 18. Snags —wetland type condition metric (skip for all marshes) A Large snags (more than one) are visible (> 12-inches DBH, or large relative to species present and landscape stability). B Not A 19. Diameter Class Distribution — wetland type condition metric (skip for all marshes) A Majority of canopy trees have stems > 6 inches in diameter at breast height (DBH); many large trees (> 12 inches DBH) are present. 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 (skip for all marshes) 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). B Not A 21. Vegetation/Open Water Dispersion — wetland typelopen 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 Iv 1 \, 22. Hydrologic Connectivity — assessment area condition metric (evaluate for riparian wetlands and Salt/Brackish Marsh 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. Documentation required if evaluated as B, C, or D. A Overbank and overland flow are not severely altered in the assessment area. B Overbank flow is severely altered in the assessment area. C Overland flow is severely altered in the assessment area. D Both overbank and overland flow are severely altered in the assessment area. Notes NC WAM Wetland Rating Sheet Accompanies User Manual Version 5.0 Wetland Site Name W2 Date 07/12/2022 Wetland Type Bottomland Hardwood Forest Assessor Name/Organization Kimley-Horn Notes on Field Assessment Form (Y/N) NO Presence of regulatory considerations (Y/N) NO Wetland is intensively managed (Y/N) NO Assessment area is located within 50 feet of a natural tributary or other open water (Y/N) Assessment area is substantially altered by beaver (Y/N) NO Assessment area experiences overbank flooding during normal rainfall conditions (Y/N) NO Assessment area is on a coastal island (Y/N) NO Sub -function Rating Summary Function Sub -function Metrics Rating Hydrology Surface Storage and Retention Condition Sub -Surface Storage and Retention Condition MEDIUM Water Quality Pathogen Change Condition Condition/Opportunity Opportunity Presence? (Y/N) Particulate Change Condition Condition/Opportunity Opportunity Presence? (Y/N) Soluble Change Condition Condition/Opportunity Opportunity Presence? (Y/N) Physical Change Condition Condition/Opportunity Opportunity Presence? (Y/N) Pollution Change Condition NA Condition/Opportunity NA Opportunity Presence? (Y/N) NA Habitat Physical Structure Condition MEDIUM Landscape Patch Structure Condition LOW Vegetation Composition Condition HIGH Function Rating Summary Function Metrics/Notes Rating Hydrology Condition Water Quality Condition Condition/Opportunity Opportunity Presence? (Y/N) Habitat Condition MEDIUM Overall Wetland Rating WETLAND DETERMINATION DATA FORM - Eastern Mountains and Piedmont Region Project/Site: ODFL Concord Service Center City/County: Cabarrus Sampling Date: 2023-04-19 Applicant/Owner: Hoyt & Berenyi, LLC State: NofthCaroha Sampling Point: W2-Wet Investigator(s):RDF, GFB Section, Township, Range: Concord Landform (hillslope, terrace, etc.): Depression Toeslope Local relief (concave, convex, none): Concave Slope (%): 0 Subregion (LRR or MLRA): P 136 Lat: 35.37836591 Long: -80.6390847 Datum. WGS 84 Soil Map Unit Name: ArA - Armenia loam, 0 to 2 percent slopes, rarely flooded NWI classification: N/A Are climatic / hydrologic conditions on the site typical for this time of year? Yes No V (If no, explain in Remarks.) Are Vegetation Soil or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes No ✓ Are Vegetation Soil or Hydrology naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS - Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes No - - Is the Sampled Area Hydric Soil Present? Yes No within a Wetland? Yes No Wetland Hydrology Present? Yes �/ No Remarks: Sampling point W2-Wet is situated in the floodplain of Stream 1. The hydrology of W2 is primarily influenced by overbank flooding from Stream 1, surface water runoff, and toe -of -slope seepage. According to the APT, conditions were "wetter than normal". HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (minimum of two required) Primary Indicators (minimum of one is required: check all that apply) _ Surface Soil Cracks (136) _ Surface Water (Al) _ True Aquatic Plants (1314) _ Sparsely Vegetated Concave Surface (138) ✓ High Water Table (A2) _ Hydrogen Sulfide Odor (Cl) _ Drainage Patterns (1310) ✓ Saturation (A3) _ Oxidized Rhizospheres on Living Roots (C3) _ Moss Trim Lines (B16) Water Marks (131) _ Presence of Reduced Iron (C4) _ Dry -Season Water Table (C2) Sediment Deposits (132) _ Recent Iron Reduction in Tilled Soils (C6) ✓ Crayfish Burrows (C8) Drift Deposits (133) _ Thin Muck Surface (C7) _ Saturation Visible on Aerial Imagery (C9) _ Algal Mat or Crust (134) _ Other (Explain in Remarks) _ Stunted or Stressed Plants (D1) _ Iron Deposits (135) ✓ Geomorphic Position (D2) _ Inundation Visible on Aerial Imagery (137) _ Shallow Aquitard (D3) ✓ Water -Stained Leaves (139) _ Microtopographic Relief (D4) Aquatic Fauna (1313) ✓ FAC-Neutral Test (D5) Field Observations: Surface Water Present? Yes No ✓ Depth (inches): Water Table Present? Yes ✓ No Depth (inches): 6 Saturation Present? Yes ✓ No Depth (inches): 0 Wetland Hydrology Present? Yes ✓ No includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: Hydrology is primarily influenced by toe -of -slope seepage and overbank flooding of Stream 2. Hydrology indicators include a high water table (at depth of 6 inches), saturation (at depth of 0 inches), and water stained leaves. US Army Corps of Engineers Eastern Mountains and Piedmont — Version 2.0 VEGETATION (Four Strata) - Use scientific names of plants. Sampling Point: W2-Wet Tree Stratum (Plot size: 30 ft r ) 1. Liquidambar styraciflua 2. Quercus phellos 3. Fraxinus pennsylvanica 4. 6. 7. 50% of total cover: 22.5 Saplinq/Shrub Stratum (Plot size: 15 ft r ) Acer rubrum 2. Fraxinus pennsylvanica i Liquidambar stvraciflua 4. 5. 7. 8. 9. 50% of total cover: 22.5 Herb Stratum (Plot size: 5 ft r ) 1. Carex brunnescens 2. Ligustrum sinense 3. Fraxinus pennsylvanica 4. Parthenocissus quinquefolia 5. 7. 8. 9. 10. 11. 50% of total cover: 23.5 Woody Vine Stratum (Plot size: 30 ft r ) 1. 2. 5. 50% of total cover: numpers nere or on a sepa Absolute Dominant Indicator Dominance Testworksheet: % Cover Species? Status Number of Dominant Species 20 ✓ FAC That Are OBL, FACW, or FAC: 7 (A) 15 ✓ FAC 10 ✓ FACW Total Number of Dominant 8 Species Across All Strata: (B) Percent of Dominant Species That Are OBL, FACW, or FAC: 87•5 (A/B) Prevalence Index worksheet: 45% = Total Cover Total % Cover of: Multiply by: 20% of total cover: 9.0 OBL species 0 x 1 = 0 _ FACW species 60 x 2 = 120 15 ✓ FAC FAC species 65 x 3 = 195 15 ✓ FACW FACU species 12 x 4 = 48 15 ✓ FAC UPL species 0 x 5 = 0 Column Totals: 137 (A) 363 (B) Prevalence Index = B/A = 2.65 Hydrophytic Vegetation Indicators: _ 1 - Rapid Test for Hydrophytic Vegetation ✓ 2 - Dominance Test is >50% ✓ 3 - Prevalence Index is <-3.0' 45% = Total Cover 4 -Morphological Adaptations (Provide supporting 20%of total cover: 9.0 - - data in Remarks or on a separate sheet) 30 ✓ FACW - Problematic Hydrophytic Vegetation' (Explain) 10 ✓ FACU 5 FACW Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problematic. 2 FACU Definitions of Four Vegetation Strata: Tree - Woody plants, excluding vines, 3 in. (7.6 cm) or more in diameter at breast height (DBH), regardless of height. Sapling/Shrub - Woody plants, excluding vines, less than 3 in. DBH and greater than or equal to 3.28 ft (1 m) tall. Herb - All herbaceous (non -woody) plants, regardless 47% = Total Cover of size, and woody plants less than 3.28 ft tall. 20% of total cover: 9.4 - Woody vine -All woody vines greater than 3.28 ft in heiaht. Hydrophytic Vegetation = Total Cover Present? 20% of total cover: Yes ✓ No Based on the dominance test and the prevalence index, a hydrophytic vegetation community is present in the sampled area. US Army Corps of Engineers Eastern Mountains and Piedmont - Version 2.0 SOIL Sampling Point: W2-Wet Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color (moist) % Color (moist) % Type Loc Texture Remarks 0-8 N 2.5/ 70 7.5YR 4/4 30 C M Clay 8 - 20 N 2.5/ 90 7.5YR 3/4 10 C M Clay 'Type: C=Concentration, D=De letion, RM=Reduced Matrix, MS=Masked Sand Grains. 2Location: PL=Pore Lining, M=Matrix. Hydric Soil Indicators: Indicators for Problematic Hydric Soils3: Histosol (Al) _ Dark Surface (S7) _ 2 cm Muck (A10) (MLRA 147) _ Histic Epipedon (A2) _ Polyvalue Below Surface (S8) (MLRA 147, 148) _ Coast Prairie Redox (A16) Black Histic (A3) _ Thin Dark Surface (S9) (MLRA 147, 148) (MLRA 147, 148) _ Hydrogen Sulfide (A4) _ Loamy Gleyed Matrix (F2) _ Piedmont Floodplain Soils (F19) _ Stratified Layers (A5) _ Depleted Matrix (F3) (MLRA 136, 147) 2 cm Muck (A10) (LRR N) _ Redox Dark Surface (F6) _ Very Shallow Dark Surface (TF12) _ Depleted Below Dark Surface (A11) _ Depleted Dark Surface (F7) _ Other (Explain in Remarks) _ Thick Dark Surface (Al 2) _ Redox Depressions (F8) Sandy Mucky Mineral (S1) (LRR N, _ Iron -Manganese Masses (F12) (LRR N, MLRA 147, 148) MLRA 136) _ Sandy Gleyed Matrix (S4) ✓ Umbric Surface (F13) (MLRA 136, 122) 3Indicators of hydrophytic vegetation and Sandy Redox (S5) _ Piedmont Floodplain Soils (F19) (MLRA 148) wetland hydrology must be present, _ Stripped Matrix (S6) _ Red Parent Material (F21) (MLRA 127, 147) unless disturbed or problematic. Restrictive Layer (if observed): Type: Depth (inches): Hydric Soil Present? Yes No Remarks: An umbric surface was observed from 0 to 20 inches. US Army Corps of Engineers Eastern Mountains and Piedmont — Version 2.0 WETLAND DETERMINATION DATA FORM - Eastern Mountains and Piedmont Region Project/Site: ODFL Concord Service Center City/County: Cabarrus Sampling Date: 2023-04-19 Applicant/Owner: Hoyt + Berenyi, LLC State: NofthCaroha Sampling Point: W2-Up Investigator(s):RDF. GFB Section, Township, Range: Concord Landform (hillslope, terrace, etc.): Hillslope Local relief (concave, convex, none): None Slope (%): 1 Subregion (LRR or MLRA): Lat: 35.37764138 Long: -80.63809076 Datum: WGS 84 Soil Map Unit Name: ArA - Armenia loam, 0 to 2 percent slopes, rarely flooded NWI classification: N/A Are climatic / hydrologic conditions on the site typical for this time of year? Yes No V (If no, explain in Remarks.) Are Vegetation Soil or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes No ✓ Are Vegetation Soil or Hydrology naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS - Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes — No H dric Soil Present? Yes No ✓ Is the Sampled Area y — — within a Wetland? Yes No Wetland Hydrology Present? Yes No Remarks: Sampling point W2-Up is located on the hillslope adjacent to the floodplain of Stream 1. According to the APT, conditions were "wetter than normal". HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (minimum of two required) Primary Indicators (minimum of one is required: check all that apply) _ Surface Soil Cracks (136) _ Surface Water (Al) _ True Aquatic Plants (1314) _ Sparsely Vegetated Concave Surface (138) _ High Water Table (A2) _ Hydrogen Sulfide Odor (Cl) _ Drainage Patterns (1310) _ Saturation (A3) _ Oxidized Rhizospheres on Living Roots (C3) _ Moss Trim Lines (B16) Water Marks (131) _ Presence of Reduced Iron (C4) _ Dry -Season Water Table (C2) Sediment Deposits (132) _ Recent Iron Reduction in Tilled Soils (C6) _ Crayfish Burrows (C8) Drift Deposits (133) _ Thin Muck Surface (C7) _ Saturation Visible on Aerial Imagery (C9) _ Algal Mat or Crust (134) _ Other (Explain in Remarks) _ Stunted or Stressed Plants (D1) _ Iron Deposits (135) ✓ Geomorphic Position (D2) _ Inundation Visible on Aerial Imagery (137) _ Shallow Aquitard (D3) Water -Stained Leaves (139) _ Microtopographic Relief (D4) Aquatic Fauna (1313) _ FAC-Neutral Test (D5) Field Observations: Surface Water Present? Yes No ✓ Depth (inches): Water Table Present? Yes No ✓ Depth (inches): Saturation Present? Yes No ✓ Depth (inches): Wetland Hydrology Present? Yes No ✓ includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: Wetland hydrology indicators were not observed. US Army Corps of Engineers Eastern Mountains and Piedmont - Version 2.0 VEGETATION (Four Strata) - Use scientific names of plants. Sampling Point: W2-UP Tree Stratum (Plot size: 30 ft r ) 1. Acer rubrum 2. Carya ovata 3. Fraxinus pennsylvanica 4. Juniperus virginiana s Ulmus alata 6. 7. 50% of total cover: 21.0 Saplinq/Shrub Stratum (Plot size: 15 ft r ) 1 Acer rubrum 2. Carya glabra i Ilex opaca 4. 5. 7. 8. 9. 50% of total cover: 12.5 Herb Stratum (Plot size: 5 ft r ) 1. Ligustrum sinense 2. Lonicera japonica 3. Parthenocissus quinquefolia 4. Paspalum notatum 5. 7. 8. 9. 10. 11. 50% of total cover: 20.0 Woody Vine Stratum (Plot size: 30 ft r ) 1 Toxicodendron radicans 2. 5. 50% of total cover: 2•5 numpers nere or on a sepa Absolute Dominant Indicator Dominance Testworksheet: % Cover Species? Status Number of Dominant Species 10 ✓ FAC That Are OBL, FACW, or FAC: 4 (A) 10 ✓ FACU 10 ✓ FACW Total Number of Dominant 10 Species Across All Strata: (B) 10 ✓ FACU 2 FACU Percent of Dominant Species That Are OBL, FACW, or FAC: 40 (A/B) Prevalence Index worksheet: 42% = Total Cover Total % Cover of: Multiply by: 20% of total cover: 8.4 OBL species 0 x 1 = 0 _ FACW species 10 x 2 = 20 15 ✓ FAC FAC species 30 x 3 = 90 5 ✓ FACU FACU species 72 x 4 = 288 5 ✓ FACU UPL species 0 x 5= 0 Column Totals: 112 (A) 398 (B) Prevalence Index = B/A = 3.55 Hydrophytic Vegetation Indicators: 1 - Rapid Test for Hydrophytic Vegetation _ 2 - Dominance Test is >50% 3 - Prevalence Index is <-3.0' 25% = Total Cover _ 4 -Morphological Adaptations (Provide supporting 20% of total cover: 5.0 - - data in Remarks or on a separate sheet) 20 ✓ FACU - Problematic Hydrophytic Vegetation' (Explain) 10 ✓ FACU 5 FACU Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problematic. 5 FACU Definitions of Four Vegetation Strata: Tree - Woody plants, excluding vines, 3 in. (7.6 cm) or more in diameter at breast height (DBH), regardless of height. Sapling/Shrub - Woody plants, excluding vines, less than 3 in. DBH and greater than or equal to 3.28 ft (1 m) tall. Herb - All herbaceous (non -woody) plants, regardless 40% = Total Cover of size, and woody plants less than 3.28 ft tall. 20% of total cover: 8.0 - Woody vine -All woody vines greater than 3.28 ft in height. 5 ✓ FAC Hydrophytic Vegetation 5% = Total Cover Present? 20% of total cover: 1.0 Hydrophytic vegetation was not observed. Yes No ✓ US Army Corps of Engineers Eastern Mountains and Piedmont - Version 2.0 SOIL Sampling Point: W2-Up Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color (moist) % Color (moist) % Type Loc Texture Remarks 0-8 10YR 2/2 100 Sandy Clay 8 -16 10YR 3/3 100 Sandy Clay Some gravel in soil 16 - 20 10YR 3/6 100 Sandy Clay High clay content, manganese present 'Type: C=Concentration, D=De letion, RM=Reduced Matrix, MS=Masked Sand Grains. 2Location: PL=Pore Lining, M=Matrix. Hydric Soil Indicators: Indicators for Problematic Hydric Soils3: Histosol (Al) _ Histic Epipedon (A2) Black Histic (A3) _ Hydrogen Sulfide (A4) _ Stratified Layers (A5) 2 cm Muck (A10) (LRR N) _ Depleted Below Dark Surface (A11) _ Thick Dark Surface (Al 2) Sandy Mucky Mineral (S1) (LRR N, MLRA 147, 148) _ Sandy Gleyed Matrix (S4) Sandy Redox (S5) Stripped Matrix (S6) Dark Surface (S7) _ 2 cm Muck (A10) (MLRA 147) _ Polyvalue Below Surface (S8) (MLRA 147, 148) _ Coast Prairie Redox (A16) Thin Dark Surface (S9) (MLRA 147, 148) (MLRA 147, 148) _ Loamy Gleyed Matrix (F2) _ Piedmont Floodplain Soils (F19) _ Depleted Matrix (F3) (MLRA 136, 147) Redox Dark Surface (F6) _ Very Shallow Dark Surface (TF12) _ Depleted Dark Surface (F7) _ Other (Explain in Remarks) 3Indicators of hydrophytic vegetation and wetland hydrology must be present, unless disturbed or problematic. Restrictive Layer (if observed): Type: Depth (inches): Hydric Soil Present? Yes No Remarks: Hydric soil was not observed. _ Redox Depressions (F8) Iron -Manganese Masses (F12) (LRR N, MLRA 136) _ Umbric Surface (F13) (MLRA 136, 122) Piedmont Floodplain Soils (F19) (MLRA 148) Red Parent Material (F21) (MLRA 127, 147) US Army Corps of Engineers Eastern Mountains and Piedmont — Version 2.0 North Carolina Division of Water Quality - Stream Identification Form, Version 4.11 Date: 4/19/2023 Project/Site: S2 - oDFL Concord Service Center Latitude: 35.37923 Evaluator: RAF & GB County: Cabarrus Longitude:-80.638613 Total Points: 34 Stream Determination (ci e) Other Stream is at least intermittent Ephemeral Intermitte Perennial e.g. Quad Name:�K,annapolls if >_ 19 or perennial if >_ 30 A. Geomorphology Subtotal = 18 Absent Weak Moderate Strong Score 1a. Continuity of channel bed and bank 0 1 2 3 3 2. Sinuosity of channel along thalweg 0 1 2 3 2 3. In -channel structure: ex. riffle -pool, step -pool, ripple -pool sequence 0 1 2 3 2 4. Particle size of stream substrate 0 1 2 3 2 5. Active/relic floodplain 0 1 2 3 3 6. Depositional bars or benches 0 1 2 3 2 7. Recent alluvial deposits 0 1 2 3 2 8. Headcuts 0 1 2­1 3 0 9. Grade control 0 0.5 1 1.5 1 10. Natural valley 0 0.5 1 1.5 1 11. Second or greater order channel No = 0 Yes = 3 0 a artificial ditches are not rated; see discussions in manual B. Hydrology Subtotal = 10 12. Presence of Baseflow 0 1 2 3 3 13. Iron oxidizing bacteria 0 1 2 3 1 14. Leaf litter 1.5 1 0.5 0 1 15. Sediment on plants or debris 0 0.5 1 1.5 1 16. Organic debris lines or piles 0 0.5 1 1.5 1 17. Soil -based evidence of high water table? No = 0 Yes = 3 3 C. Biology Subtotal = 6 18. Fibrous roots in streambed 3 2 1 0 3 19. Rooted upland plants in streambed 3 2 1 0 3 20. Macrobenthos (note diversity and abundance) 0 1 2 3 0 21. Aquatic Mollusks 0 1 2 3 0 22. Fish 0 0.5 1 1.5 0 23. Crayfish 0 0.5 1 1.5 0 24. Amphibians 0 0.5 1 1.5 0 25. Algae 0 0.5 1 1.5 0 26. Wetland plants in streambed FACW = 0.75; OBL = 1.5; Other = 0 perennial streams may also be identified using other methods. See p. 35 of manual. Notes S2 originates off -site and flows for 1,621 LF before continuing off -site.