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HomeMy WebLinkAbout20230875 Ver 1_More Info Received_20230613Angela Petros From: Angela Petros Sent: Thursday, March 30, 2023 10:28 AM To: 401 PreFile Subject: Orr Road NWP 18 and NWP 39 Pre -Application To Whom It May Concern, Atlas will be submitting an NWP 18 and NWP 39 application for the Orr Road project. This project is in Charlotte (Mecklenburg County) and is an Industrial project. LI Acquisitions, LLC is the applicant. Angela Petros ATLAS Environmental, Inc. 338 S. Sharon Amity Road #411 Charlotte, NC 28211 (704) 965-1219 mobile www.atiasenvi.com Offices in Asheville and Charlotte RONMENTAL Preliminary ORM Data Entry Fields for New Actions SAW-2023-01030 BEGIN DATE [Received Date]: Prepare file folder ❑ Assign Action ID Number in ORM ❑ 1. Project Name [PCN Form A2a]: Orr Road 2. Work Type: Private ❑ Institutional ❑ Government ❑ Commercial ❑✓ 3. Project Description / Purpose [PCN Form 133d and 133e]: The project is for the construction two industrial buildings and associated parking, utilities, and infrastructure. 4. Property Owner / Applicant [PCN Form A3 or A41: Owners: Mitchel & Linda Bollag/ Toucan Properties LLC Applicant: LI Acquisitions, LLC 5. Agent / Consultant [PCN Form A5 — or ORM Consultant ID Number]: Atlas Environmental, Jennifer Robertson 6. Related Action ID Number(s) [PCN Form B5b]: SAW-2023-01030 7. Project Location - Coordinates, Street Address, and/or Location Description [PCN Form 131b]: 6830 Orr Road Charlotte, NC 28215 35.2647850/-80.7505290 8. Project Location - Tax Parcel ID [PCN Form 131a]: 09723103 (partial) and 09723105 9. Project Location — County [PCN Form A2b]: Mecklenburg 10. Project Location — Nearest Municipality or Town [PCN Form A2c]: Charlotte 11. Project Information — Nearest Waterbody [PCN Form 132a]: Brier Creek, Class: C, 1 1-137-8-2 12. Watershed / 8-Digit Hydrologic Unit Code [PCN Form 132c]: Rocky 03040105; Lower Catawba 03050103 Authorization: Section 10 ❑ Section 404 Regulatory Action Type: ❑Standard Permit ✓ Nationwide Permit # 39 ❑ Regional General Permit # ❑ Jurisdictional Determination Request ❑✓ Section 10 & 404 ❑ ❑Pre -Application Request Unauthorized Activity 0 Compliance ❑ No Permit Required Revised 20150602 An,s ENVIRDNMENTAL US Army Corps of Engineers Charlotte Regulatory Field Office Attn: Meagan Jolly 8430 University Executive Park Drive, Suite 615 Charlotte, North Carolina 28262 Re: Orr Road - —22.26 6830 Orr Road Charlotte, NC 28215 Nationwide Permit 39 Verification Request Corps Action ID: SAW-2023-01030 To Whom It May Concern: June 13, 2023 NC Division of Water Resources 401 and Buffer Permitting Unit Attn: Stephanie Goss 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Atlas Environmental (Atlas) is submitting the enclosed nationwide permit 39 package on behalf of the applicant, LI Acquisitions, LLC, for unavoidable impacts to potential Waters of the United States at the Orr Road project review area. Atlas staff completed the stream and wetland delineation on April 13, 2023 and April 20, 2023, and observed two streams (CH 100 and CH 200), four wetlands (WL 1000, WL 1100, WL 1200, and WL 2000), and one impoundment (Pond 1). A preliminary jurisdictional determination was submitted on May 12, 2023. The project's purpose is for the construction of two industrial buildings and associated parking, utilities, and infrastructure. The construction of a 6-foot tall, planted berm will also be constructed near the Eastern and Southern boundaries of the review area to establish a 56.25 foot zoning buffer. Two stream impacts are proposed for the construction of a building and parking. Impact S1 is for the installation of a culvert and will impact intermittent CH 200 for approximately 250 linear feet (0.015 acres). Impact S2 is for the permanent fill of intermittent CH 100 and will impact 158 linear feet (0.005 acres) and is for the construction of the berm. Four wetland impacts are proposed for the project. Impact W1 is for the permanent fill of 0.004 acres of Wetland 2000. This is for the installation of a culvert for parking infrastructure. Impact W2 is for the permanent fill of 0.117 acres of Wetland 1100. Impact W2 is needed for the construction of building two and the associated parking and berm. Both Impact W3 and Impact W4 are for the permanent fill for construction of the berm with Impact W3 impacting 0.005 acres of Wetland 1000 and Impact W4 impacting of 0.018 acres of Wetland 1200. Wetland and stream impacts exceed mitigation thresholds and mitigation will be required. Impacts have been reduced by the proposed design and location of the buildings, positioning of parking, and the design of stormwater basins. Above the culvert 0.005 acres of Wetland 2000 will remain unimpacted. There are also no proposed impacts to Pond 1. Enclosed are the necessary permit application documents and additional information. Thank you for your attention to the enclosed request. Please contact me if you need any additional information. Best regards, Allyson Sinclair asinclaira-atlasenvi.com Aim,., Environmental, Inc. 338 S. Sharon Amity Road #411 Charlotte, North Carolina 28211 704-512-1206 (o) / 828-712-9205 (m) www.atlasenvi.com / Offices in Asheville and Charlotte �.t DWR Plvlslon of Wafer Rewom es Pre -Construction Notification (PCN) Form For Nationwide Permits and Regional General Permits (along with corresponding Water Quality Certifications) April 13, 2022 Ver 4.3 Please note: fields marked with a red asterisk below are required. You will not be able to submit the form until all mandatory questions are answered. Also, if at any point you wish to print a copy of the E-PCN, all you need to do is right -click on the document and you can print a copy of the form. Below is a link to the online help file. https://edocs.deq.nc.govfVVaterResources/0/edoc/624704/PCN / 20Help/ 20File/ 202018-1-30.pdf A. Processing Information O Pre -Filing Meeting Date Request was submitted on: 3/30/2023 If this is a courtesy copy, please fill in this with the submission date. Is this project connected with ARPA funding?" Q Yes No County (or Counties) where the project is located:" Mecklenburg Is this a NCDMS Project" Q Yes QQ No Click Yes, only if NCD MS is the applicant or co -applicant. DO NOT CHECK YES, UNLESS YOU ARE DMS OR CO -APPLICANT Is this project a public transportation project?" Q Yes QQ No This is any publicly funded by municipal,state or federal funds road, rail, airport transportation project. la. Type(s) of approval sought from the Corps:" 0 Section 404 Permit (wetlands, streams and waters, Clean Water Act) ❑ Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) Has this PCN previously been submitted?" Q Yes QQ No 1 b. What type(s) of permit(s) do you wish to seek authorization?" Q Nationwide Permit (NWP) ❑ Regional General Permit (RGP) ❑ Standard (IP) 1c. Has the NWP or GP number been verified by the Corps?" Yes ' No Nationwide Permit (NWP) Number: NWP Numbers (for multiple NWPS): List all NW numbers you are applying for not on the drop down list. 1 d. Type(s) of approval sought from the DWR: check all that apply 0 401 Water Quality Certification - Regular ❑ Non-404 Jurisdictional General Permit ❑ Individual 401 Water Quality Certification 39 - Commercial/Institutional Developments le. Is this notification solely for the record because written approval is not required? ❑ 401 Water Quality Certification - Express ❑ Riparian Buffer Authorization For the record only for DWR 401 Certification: 0 Yes OO No For the record only for Corps Permit: O Yes QQ No 1f. Is this an after -the -fact permit application?" Q Yes (§) No 1g. 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. QQ Yes Q No Acceptance Letter Attachment Click the upload button or drag and drop files hereto attach document 11 Orr Road DIMS CAT03 ESA Acceptance. pdf 245.3KB FILE TYPE MUST BE PDF 1 h. Is the project located in any of NC's twenty coastal counties?" Yes No 1j. Is the project located in a designated trout watershed?" Q Yes (§) No Linkto trout information: http://www.saw.usace.army.miI/Missions/Regulatory-Permit-Program/Agency-Coordination/Trout.aspx B. Applicant Information la. Who is the Primary Contact?" Matthew Giannuzzi 1c. Primary Contact Phone:" 1 b. Primary Contact Email" (xxx)xxx-xxxx jrobertson@atlasenvi.com (704)607-8881 1d. Who is applying for the permit?" Owner Applicant (other than owner) (Check all that apply) 1e. Is there an AgentlConsultant for this project?" U Yes V No 2. Owner Information 2a. Name(s) on recorded deed:" Mitchel & Linda Bollag 2b. Deed book and page no.: 05992/ 446 2c. Contact Person: (for Corporations) 2d.Address* Street Address 775 Hilliard Lane Concord, NC 28025 Address Line 2 City State / Province / Region Concord NC Postal /Zip Code Country 28025 USA 2e. Telephone Number:" (xxx)xxx-xxxx (704)607-8881 2f. Fax Number: 2g. Email Address:" matthew.giannuzzi@lovettindustrial.com .......................................................................................... 2a. Name(s) on recorded deed:" Toucan Properties LLC 2b. Deed book and page no.: 21639/ 398 2c. Contact Person: (for Corporations) 2d.Address* Street Address 6914 Orr Rd Charlotte, NC 28213 Address Line 2 City State / Province / Region Charlotte NC Postal /Zip Code Country 28213 USA 2e. Telephone Number:" (704)607-8881 2f. Fax Number 2g. Email Address:" matthew.giannuzzi@lovettindustrial.com 3. Applicant Information (if different from owner) 3a. Name:" Matthew Giannuzzi 3b. Business Name: (if applicable) LI Acquisitions, LLC 3c. Address" Street Address 923 15th Street NW Suite 500 Address Line 2 City State / Province / Region Washington DC Postal /Zip Code Country 20005 USA 3d. Telephone Number:" (704)607-8881 3e. Fax Number 3f. Email Address:" matthew.giannuzzi@lovettindustrial.com 4. Agent/Consultant (if applicable) 4a. Name:" Jennifer Robertson 4b. Business Name: (if applicable) Atlas Environmental Inc. 4c. Address" Street Address 338 S. Sharon Amity Road #441 Address Line 2 City State / Province / Region Charlotte NC Postal /Zip Code Country 28211 USA 4d. Telephone Number:" (704)512-1206 4e. Fax Number 4f. Email Address:" jrobertson@atlasenvi.com C. Project Information and Prior Project History u 1. Project Information U 1a. Name of project:" Orr Road 1b. Subdivision name: (if appropriate) 1c. Nearest municipality/town:" 2. Proiect Identification 2a. Property Identification Number: 2b. Property size: (tax PIN or parcel ID) (in acres) 09723103 (partial) and 09723105 22.26 2c. Project Address Street Address 6830 Orr Road Address Line 2 City State / Province / Region Charlotte NC Postal /Zip Code Country 28215 USA 2d. Site coordinates in decimal degrees Please collect site coordinates in decimal degrees. Use between 4-6 digits (unless you are using a survey -grade GPS device) after the decimal place as appropriate, based on how the location was determined. (For example, most mobile phones with GPS provide locational precision in decimal degrees to map coordinates to 5 or 6 digits after the decimal place.) Latitude:" Longitude:" 35.2647850-80.750529` ex: 34.208504-77.796371 3. Surface Waters 3a. Name of the nearest body of water to proposed project:" Brier Creek 3b. Water Resources Classification of nearest receiving water:" C Surface Water Lookup 3c. What river basin(s) is your project located in?" Catawba 3d. Please provide the 12-digit HUC in which the project is located." 030501030102 River Basin Lookup 4. Project Description and History 4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application:" The current land use of the review area is residential and conservation -forestry commercial. A powerline right-of-way transects the site from the North to the South. An industrial parking area/field is located near the center of the review area adjacent to the barns. Aerial imagery indicates this area previously stored trailers associated with the adjacent textile -recycling facility. The surrounding land use predominantly consists of residential properties to the North and South of the review area and commercial areas to the East and West. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?" Q Yes QQ No Q Unknown 4f. List the total estimated acreage of all existing wetlands on the property: 0.149 4g. List the total estimated linear feet of all existing streams on the property: (intermittent and perennial) 336 4h. Explain the purpose of the proposed project:" The project's purpose is for the construction of two industrial buildings and associated parking, utilities, and infrastructure. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:" The project will require land clearing and grading using heavy equipment for the preparation and construction of the industrial buildings. Two permanent stream impacts (intermittent streams) are planned for the project with four permanent wetland impacts. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?" Yes No Q Unknown Comments: 5b. If the Corps made a jurisdictional determination, what type of determination was made?" QQ Preliminary Q Approved Q Not Verified Q Unknown Q N/A Corps AID Number: Example: SAW-2017-99999 not assigned yet 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Atlas Environmental Staff Agency/Consultant Company: Atlas Environmental Inc. Other: 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR. Preliminary Jurisdictional Determination Request sent May 12, 2023 6. Future Project Plans 6a. Is this a phased project?" Q Yes QQ No Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any partof the proposed projector related activity? This includes other separate and distant crossing for linear projects that require Department of the Army authorization but don't require pre -construction notification. No D. Proposed Impacts Inventory 1. Impacts Summary 1a. Where are the impacts associated with your project? (check all that apply): Q Wetlands Q Streams -tributaries Buffers ❑ Open Waters I Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. "W." will be used in the table below to represent the word "wetland". v 2a1 Reason"(?) 2b. Impact type" (?) 2c. Type of W.* 2d. W. name" 2e. Forested" ��2f. Type of Jurisdicitio (?) 2g. Impact area" W1 Culvert P FItomland Hardwood Forest WL 2000 Yes Both 0.004 (acres) Fill P Bottomland Hardwood Forest WL 1100 Yes Both 0.117 (acres) Fill P Bottomland Hardwood Forest WL 1000 Yes Both 0.005 (acres) W4 Fill P ottomland Hardwood Forest f WL 1200 Yes Both 0.018 (acres) 2g. Total Temporary Wetland Impact 0.000 2g. Total Permanent Wetland Impact 0.144 2g. Total Wetland Impact 0.144 2i. Comments: 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. "S." will be used in the table below to represent the word "stream". 11 S1 3a. Reason for im pact" (?) Berm and Parkin 9 3b.lmpact type" Permanent 3c. Type of impact" Culvert 3d. S. name" CH 200 3e. Stream Type" (?) Intermittent 3f. Type of Jurisdiction" Both 3g. S. width" 2 Average (feet) 3h. Impact length" 250 Qinear feet) S2 Berm and Parking Permanent Fill CH 100 Intermittent Both 1 Average (feet) 158 Qinear feet) ** All Perennial or Intermittent streams must be verified by DWR or delegated local government. 3i. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 408 3i. Total temporary stream impacts: 0 3i. Total stream and ditch impacts: 408 3j. Comments: All proposed impacts are to intermittent streams. E. Impact Justification and Mitigation 1. Avoidance and Minimization la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:" Above the culvert 0.005 acres of Wetland 2000 will remain unimpacted. There are also no proposed impacts to Pond 1. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:" Impacts have been reduced by the proposed design and location of the buildings, positioning parking and the design of stormwater basins. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? _ Yes No 2c. If yes, mitigation is required by (check all that apply): DWR M Corps 2d. If yes, which mitigation option(s) will be used forthis project? (] Mitigation bank Q Payment to in -lieu fee program Q Permittee Responsible Mitigation 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. VYes 0No 4b. Stream mitigation requested: (linear feet) 0 4c. If using stream mitigation, what is the stream temperature: NC Stream Temperature Classification Maps can be found under the Mitigation Concepts tab on the Wilmington District's RIBITS website. 4d. Buffer mitigation requested (DWR only): (square feet) 0 4f. Non -riparian wetland mitigation requested: (acres) 0 4e. Riparian wetland mitigation requested: (acres) 0.144 4g. Coastal (tidal) wetland mitigation requested: (acres) 0 4h. Comments DIMS proposes to utilize the Catawba 03 Expanded Service Area to meet the mitigation requirements. 6. Buffer mitigation (State Regulated Riparian Buffer Rules) - required by DWR V 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? If yes, you must fill out this entire form - please contact DWR for more information. Yes No F. Stormwater Management and Diffuse Flow Plan (required by DWR) *** Recent changes to the stormwater rules have required updates to this section .*** 1. Diffuse Flow Plan 1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? Yes QQ No For a list of options to meet the diffuse flow requirements, click here. If no, explain why: Not adjacent to State protected riparian buffers 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?" p Yes QQ No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?" Q Yes QQ No To look up low density requirement click here 15A NCAC 02H .1003(2). 2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater program?" OO Yes O No O N/A - project disturbs < 1 acre Hint: projects that have vested rights, exemptions, or grandfathenng from state or locally implemented storm —ter programs or projects that satisfy state or locally -implemented stonnwater programs through use of community in -lieu programs should answer no to this question. 2d. Which of the following stormwater management program(s) apply (check all that apply):" Q Local Government ❑ State If you have a local government approval please include the SMP on their overall impact map. Local Government Stormwater Programs" Q Phase II Q NSW ­1 USMP Q Water Supply Please identify which local government stormwater program you are using." Charlotte Comments: The proposed development include the construction of one stormwater control measure. G. Supplementary Information 1. Environmental Documentation la. Does the project involve an expenditure of public (federal/state/local) funds orthe use of public (federal/state) land?" Yes No 2. Violations (DWR Requirement) 2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15A NCAC 2B .0200)?" Yes No 3. Cumulative Impacts (DWR Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality?" p Yes QQ No 3b. If you answered "no," provide a short narrative description. This is not a phased project 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?" QQ Yes Q No Q N/A 4b. Describe, in detail, the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated at a treatment plant, list the capacity available at that plant. Project will connect to municipal sewer 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or habitat?" Yes No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?" OQ Yes O No 5c. If yes, indicate the USFWS Field Office you have contacted. Asheville 5d. Is another Federal agency involved?" O Yes No 5e. Is this a DOT project located within Division's 1-8?" v Yes (> No 5f. Will you cut any trees in order to conduct the work in waters of the U.S.?" OO Yes O No 5g. Does this project involve bridge maintenance or removal?" O Yes OO No Link to the NLEB SLOPES document: http://saw-reg.usace.army.mil/NLEB/1-30-17-signed_NLEB-SLOPES&apps.pdf 5h. Does this project involve the construction/installation of a wind turbine(s)?*" O Yes OO No O Unknown 5i. Does this project involve (1) blasting, and/or(2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.?" O Yes OO No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?" IPAC and NHP 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?" Yes No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?" NOAA Essential Fish Habitat Mapper 7. Historic or Prehistoric Cultural Resources (Corps Requirement) Linkto the State Historic Preservation Office Historic Properties Map (does not include archaeological data: http://gis.ncdcr.gov/hpoweb/ 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)?" Yes No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?" NC HPO Buffer Map 8. Flood Zone Designation (Corps Requirement) Link to the FEMA Floodplain Maps: https:Hmsc.fema.gov/portal/search 8a. Will this project occur in a FEMA-designated 100-yearfloodplain?" V Yes No 8c. What source(s) did you use to make the floodplain determination?" FEMA NFHL Miscellaneous Comments v Please use the space below to attach all required documentation or any additional information you feel is helpful for application review. Documents should be combined into one file when possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred. Click the upload button or drag and drop files here to attach document Orr Road ePCN docs compressed. pdf 4.97MB File must be PDF or KMZ Signature Q By checking the box and signing below, I certify that: • The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief', and • The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. • I have given true, accurate, and complete information on this form, • agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act'), • agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act'), • understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature, AND • intend to electronically sign and submit the PCN form. Full Name:" Allyson Sinclair Signature" Date 6/14/2023 TLAS EWIRONMENTAL AGENT AUTHORIZATION FORM U.S. Army Corps of Engineers, Wilmington District Attn: Mr. Scott McLendon, Chief, Regulatory Division PO Box 1890 Wilmington, North Carolina 28402-1890 -and- NC Division of Water Resources, Water Quality Program Wetlands, Buffers, Streams — Compliance and Permitting Unit Attn: Mr. Paul Wojoski, Supervisor 1617 Mail Service Center Raleigh, North Carolina 27699-1650 I, the current landowner, lessee, contract holder to purchase, right to purchase holder, or easement holder of the property/properties identified below, hereby authorize Atlas Environmental Inc to act on my behalf as my agent during the processing of permits to impact Wetlands and Waters of the US that are regulated by the Clean Water Act and the Rivers and Harbors Act. Federal and State agents are authorized to be on said property when accompanied by Atlas Environmental Inc staff for the purpose of conducting on -site investigations and issuing a determination associated with Waters of the US subject to Federal jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899 and Waters of the State including 404 Wetlands, Isolated Wetlands, and other non-404 Wetlands subject to a permitting program administered by the State of North Carolina. Atlas Environmental Inc is authorized to provide supplemental information needed for delineation approval and/or permit processing at the request of the Corps or NC DWR Water Quality Program. Project Name: Orr Road Property Owner of Record: Mitchel and Linda Bollag / Toucan Properties LLC Contact Name: Matthew Giannuzzi Address: 923 15th Street NW Suite 500 Address: Washington, DC 20005 Phone/Fax Number: 704-607-8881 / no fax Email Address: matthew.giannuzzi@lovettindustrial.com Project Address: 6830 Orr Road Project Address: Charlotte, NC 28215------------- Tax PIN: 09/7J�23103 (partial) and_09723105_ _ ------------------------ Signature: Date: 5/11 /2023 . Environmental Inc. 338 S. Sharon Amity Road, #411 Charlotte, North Carolina 28211 704-512-1206 (o) / 828-712-9205 (m) jrobertson@atlasenvi.com www.atlasenvi.com MECKLENBURG COUNTY, North Carolina POLARIS 3G PARCEL OWNERSHIP AND GIS SUMMARY Date Printed Identity Parcel ID GIS ID 09723103 109723103 Property Characteristics Legal desc NA Land Area 26.386 AC Fire District CITY OF CHARLOTTE Special District Account Type INDIVIDUAL Municipality CHARLOTTE Property Use CONSERVATION - FORESTRY COMM Zoning Contact appropriate Planning Department or see Map. 04/24/2023 Ownership Owner Name Mailing Address MITCHEL S BOLLAG 775 HILLIARD LN CONCORD NC 28025 LINDA M BOLLAG 775 HILLIARD LN CONCORD NC 28025 Deed Reference(s) and Sale Price Deed Sale Date Sale Price 05992-446 03/29/1989 $555,000.00 Site Location ETJ Area Charlotte Charlotte Historic District No Charlotte 6/30/2011 Annexation Area No Census Tract # 15.09 Water Quality Buffer Post Construction District Parcel Inside Water Quality Buffer I Yes Jurisdiction Charlotte FEMA and Community Floodplain District Central Catawba FEMA Panel# 3710457500K FEMA Panel Date 02/19/2014 FEMA Flood Zone OUT:VIEW FEMA FLOODPLAIN TO VERIFY Community Flood Zone OUT:VIEW COMMUNITY FLOODPLAIN ITO VERIFY Situs Addresses Tied to Parcel 6728 ORR RD CHARLOTTE Stream Watershed Districts Stream Watershed Name I BRIAR This map or report is prepared for the inventory of real property within Mecklenburg County and is compiled from recorded deeds, plats, tax maps, surveys, planimetric maps, and other public records and data. Users of this map or report are hereby notified that the aforementioned public primary information sources should be consulted for verification. Mecklenburg County and its mapping contractors assume no legal responsibility for the information contained herein. Page 1/1 MECKLENBURG COUNTY, North Carolina POLARIS 3G PARCEL OWNERSHIP AND GIS SUMMARY Date Printed Identity Parcel ID GIS ID 09723105 109723105 Property Characteristics Legal desc NA Land Area 1.36 AC Fire District CITY OF CHARLOTTE Special District Account Type NC CORP Municipality CHARLOTTE Property Use SINGLE FAMILY RESIDENTIAL Zoning Contact appropriate Planning Department or see Map. Post Construction District Water Quality Buffer Jurisdiction Charlotte Parcel Inside Water Quality Buffer I Yes District Central Catawba 04/24/2023 Ownership Owner Name Mailing Address TOUCAN PROPERTIES LLC 6914 ORR RD CHARLOTTE NC 28213 Deed Reference(s) and Sale Price Deed Sale Date Sale Price 21639-398 01/12/2007 $115,000.00 02286-128 01/01/1975 $0.00 FEMA and Community Floodplain FEMA Panel# 3710457500K FEMA Panel Date 02/19/2014 FEMA Flood Zone OUT:VIEW FEMA FLOODPLAIN TO VERIFY Community Flood Zone OUT:VIEW COMMUNITY FLOODPLAIN ITO VERIFY Situs Addresses Tied to Parcel 6908 ORR RD CHARLOTTE Site Location ETJ Area Charlotte Charlotte Historic District No Charlotte 6/30/2011 Annexation Area No Census Tract # 15.09 Stream Watershed Districts Stream Watershed Name I BRIAR This map or report is prepared for the inventory of real property within Mecklenburg County and is compiled from recorded deeds, plats, tax maps, surveys, planimetric maps, and other public records and data. Users of this map or report are hereby notified that the aforementioned public primary information sources should be consulted for verification. Mecklenburg County and its mapping contractors assume no legal responsibility for the information contained herein. Page 1/1 a 1181HX31JbdWl aNb113M"x3 1v£msnaRNll 01 901£L 'co L0:1N 1JtlXtl11 VNInOlH110N'3aORtlHD OVOll iNmmsnaNiOa0£8d9oll 1111o° yQO �O pu3raia J 0 Ul U QO / / \/ cS5 �\ & NO \ R $o m O � Ul / a,� w0 A ../ a �✓ �. -e.00 mbollog \ / N � e°voa s lav=Im o �a /w :nna � I I � I m \ I ' I \"� $ y Co ���/a I ruaans3s alaa 171 aaO Ll�eals^F°l ua4J a� tea 171 Paod ip M) ` >' S u d, a /0) M/d D1790d ,09 adoa NO IN 9.9-000'99[+ Sketch Map provided for illustrative purposes Aquatic Resources Sketch Map and preliminary planning only. Not intended to be relied upon for exact location, o/ dimension, or orientation. All findings and assessments are subject to verification from • / the Army Corps of Engineers, NC Division of Water Resources, and/or other appropriate L$q$ local authorities. Do not reproduce map set �eFzd� except in its entirety. OCC FLdi , O p �n ' o � � F Legend , ..oj 0 Review Area Detail 1: Page 3 a o Streets O Meck. Co. Parcels Detail 2: Page 4 Contours: 2 Ft Delineation Intermittent L Wetland ��Q� 0 100 200 300 400 Ft Pond TLM VIRONMENTAL Page 1 of Figure: la Project Name: Orr Road Location: 6830 Orr Road Charlotte, NC 28215 For: LI Acquisitions, LLC Attn: Matthew Giannuzzi Coordinates: 35.264785°,-80.750529' Date: April 24, 2023 M 5TL1RONMENTAL Page 2 of 4 Figure: 1b Project Name: Orr Road Location: 6830 Orr Road Charlotte, NC 28215 For: LI Acquisitions, LLC Attn: Matthew Giannuzzi Coordinates: 35.264785°,-80.750529' Date: April 24, 2023 Aquatic Resources Sketch Map IPotential Non Wetland I Pond 100: — 0.193 Ac. Potential Wetland WL 1200: — 0.018 Ac. Potential Wetland WL 1100: — 0.117 Ac. / Potential Wetland WL 1000: — 0.005 Ac. Legend O Review Area o Streets O Meck. Co. Parcels Contours: 2 Ft Delineation Intermittent Wetland Pond Potential Non Wetland CH 100: — 60 LF, 0.005 Ac. 0 25 50 75 100 Ft '_TLM 1. VIRONMENTAL Page 3 of 4 Detail: 1 Figure: 1c Project Name: Orr Road Location: 6830 Orr Road Charlotte, NC 28215 For: LI Acquisitions, LLC Attn: Matthew Giannuzzi Coordinates: 35.264785°,-80.750529' Date: April 24, 2023 Aquatic Resources Sketch Map Legend O Review Area o Streets O Meck. Co. Parcels Contours: 2 Ft Delineation Intermittent Wetland Pond IPotential Wetland II WL 2000: — 0.009 Ac. Potential Non Wetland CH 2O0: — 276 LF, 0.017 Ac. 0 25 50 75 100 Ft '_TLM VIRONMENTAL Page 4 of 4 Detail: 2 Figure: 1d Project Name: Orr Road Location: 6830 Orr Road Charlotte, NC 28215 For: LI Acquisitions, LLC Attn: Matthew Giannuzzi Coordinates: 35.264785°,-80.750529' Date: April 24, 2023 NC WAM FIELD ASSESSMENT FORM Accompanies user Manual Version b.0 USACE AID # NCDWR# Project Name Orr Road Applicant/Owner Name LI Acquisitions, LLC/Bollag; Toucan Properties LLC Wetland Type Bottomland Hardwood Forest Level III Ecoregion River Basin County ❑ Yes ® No Piedmont Catawba Mecklenburg Precipitation within 48 hrs? Date of Evaluation April 13, 2023 and April 20, 2023 Wetland Site Name WL 1000, 1100, 1200, 2000 Assessor Name/Organization Nearest Named Water Body USGS 8-Digit Catalogue Unit NCDWR Region ude/Longitude (deci-degrees) Atlas Environmental Brier Creek 033050103,03040105 Mooresville 35.264785°,-80.750529° Evidence of stressors affecting the assessment area (may not be within the assessment area) Please circle and/or make note on the last page if evidence of stressors is apparent. Consider departure from reference, if appropriate, in recent past (for instance, 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? ❑ Yes ® No Regulatory Considerations -Were regulatory considerations evaluated? ❑Yes ®No If Yes, check all that apply to the assessment area. ❑ Anadromous fish ❑ Federally protected species or State endangered or threatened species ❑ NCDWR riparian buffer rule in effect ❑ Abuts a Primary Nursery Area (PNA) ❑ Publicly owned property ❑ N.C. Division of Coastal Management Area of Environmental Concern (AEC) (including buffer) ❑ Abuts a stream with a NCDWQ classification of SA or supplemental classifications of HQW, ORW, or Trout ❑ Designated NCNHP reference community ❑ Abuts a 303(d)-listed stream or a tributary to a 303(d)-listed stream What type of natural stream is associated with the wetland, if any? (check all that apply) ❑ Blackwater ® Brownwater ❑ Tidal (if tidal, check one of the following boxes) ❑ Lunar ❑ Wind ❑ Both Is the assessment area on a coastal island? ❑ 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 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) Surface and Sub -Surface Storage Capacity and Duration — assessment area condition metric Check a box in each column. Consider surface storage capacity and duration (Surf) and sub -surface storage capacity and duration (Sub). Consider both increase and decrease in hydrology. 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). Water Storage/Surface Relief — assessment area/wetland type condition metric (skip for all marshes) Check a box in each column. 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 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 top 12 inches. Use most recent National Technical Committee for Hydric Soils guidance for regional indicators. 4a. ❑A Sandy soil ®B Loamy or clayey soils exhibiting redoximorphic features (concentrations, depletions, or rhizospheres) ❑C Loamy or clayey soils not exhibiting redoximorphic features ❑D Loamy or clayey gleyed soil ❑E Histosol or histic epipedon 4b. ❑A Soil ribbon < 1 inch ®B Soil ribbon >_ 1 inch 4c. ®A No peat or muck presence ❑B A peat or muck presence 5. Discharge into Wetland — opportunity metric Check a box in each column. Consider surface pollutants or discharges (Surf) and sub -surface pollutants or discharges (Sub). Examples of sub -surface discharges include presence of nearby septic tank, underground storage tank (UST), etc. Surf Sub ®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). WS 5M 2M ❑A ❑A ❑A > 10% impervious surfaces ❑B ❑B ❑B Confined animal operations (or other local, concentrated source of pollutants ❑C ❑C ❑C >_ 20% coverage of pasture ❑D ❑D ❑D >_ 20% coverage of agricultural land (regularly plowed land) ❑E ❑E ❑E >_ 20% coverage of maintained grass/herb ❑F ❑F ❑F >_ 20% coverage of clear-cut land ®G ®G ®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 drainage and/or overbank flow from affecting the assessment area. 7. 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. 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. 7b. How much of the first 50 feet from the bank is wetland? (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 stream 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 for riverine wetlands only. 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 ❑C ❑C ❑C From 50 to < 100 acres ❑D ❑D ❑D From 25 to < 50 acres ❑E ❑E ❑E From 10 to < 25 acres ❑F ❑F ❑F From 5 to < 10 acres ❑G ❑G ❑G From 1 to < 5 acres ❑H ❑H ❑H From 0.5 to < 1 acre ®I ®I ®I From 0.1 to < 0.5 acre ❑J ❑J ❑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 type 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 metric evaluates whether the wetland is well connected (Well) and/or loosely connected (Loosely) to the landscape patch, the contiguous 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, maintained fields (pasture and agriculture), or open water > 300 feet wide. Well Loosely ❑A ❑A >_ 500 acres ❑B ❑B From 100 to < 500 acres ❑C ❑C From 50 to < 100 acres ®D ®D From 10 to < 50 acres ❑E ❑E < 10 acres ❑F ❑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 directions? If the assessment area is clear cut, select option "C." ❑A 0 ®B 1 to 4 ❑C 5to8 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? ®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. TAA WT o ®A ®A Canopy closed, or nearly closed, with natural gaps associated with natural processes ❑B ❑B Canopy present, but opened more than natural gaps U ❑C ❑C Canopy sparse or absent T o ❑A ❑A Dense mid-story/sapling layer ❑B ❑B Moderate density mid-story/sapling layer ®C ®C Mid-story/sapling layer sparse or absent -0 ❑A ❑A Dense shrub layer Moderate density layer 1E ®B ®B shrub U) ❑C ❑C Shrub layer sparse or absent -0 ❑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 21. Vegetation/Open Water Dispersion — wetland type/open water condition metric (evaluate for Non -Tidal Freshwater Marsh only) Select the figure that best describes the amount of interspersion between vegetation and open water in the growing season. Patterned areas indicate vegetated areas, while solid white areas indicate open water. ❑A ❑B ❑C ❑D 22. Hydrologic Connectivity — assessment area condition metric (evaluate for riparian wetlands 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 The adjacent pond and the associated dam has significantly altered the surface flow of the drainage. The pond does not have a outlet structure which is reducing hydrologic connectivity to the wetlands. NC WAM Wetland Rating Sheet Accompanies User Manual Version 5.0 Wetland Site Name WL 1000, 1100, 1200, 2000 Date of Assessment Wetland Type Bottomland Hardwood Forest Assessor Name/Organization Notes on Field Assessment Form (Y/N) Presence of regulatory considerations (Y/N) Wetland is intensively managed (Y/N) 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) Assessment area experiences overbank flooding during normal rainfall conditions (Y/N) Assessment area is on a coastal island (Y/N) Sub -function Ratina Summa April 13, 2023 and April 20, 2023 Atlas Environmental YES NO NO YES NO YES Kin Function Sub -function Metrics Rating Hydrology Surface Storage and Retention Condition MEDIUM Sub -surface Storage and Retention Condition LOW Water Quality Pathogen Change Condition MEDIUM Condition/Opportunity MEDIUM Opportunity Presence (Y/N) NO Particulate Change Condition MEDIUM Condition/Opportunity MEDIUM Opportunity Presence (Y/N) NO Soluble Change Condition MEDIUM Condition/Opportunity MEDIUM Opportunity Presence (Y/N) NO Physical Change Condition LOW Condition/Opportunity LOW Opportunity Presence (Y/N) NO Pollution Change Condition NA Condition/Opportunity NA Opportunity Presence (Y/N) NA Habitat Physical Structure Condition MEDIUM Landscape Patch Structure Condition LOW Veqetation Composition Condition MEDIUM Function Ratina Summa Function Metrics Rating Hydrology Condition MEDIUM Water Quality Condition MEDIUM Condition/Opportunity MEDIUM Opportunity Presence (Y/N) NO Habitat Condition LOW Overall Wetland Rating MEDIUM Rti _ 1: Pond 100 Looking Southwest 4,1 i "X1.' `�Y�L �r� ►:�� .��.. �'?#9 � fir' � ;'i+ - Y jak Ve i n E'• .fir . 44 . . - �,�, :.-1' "� ,- .� R,� • ,�-,,rye=��._ C a' I - 11N.W. ..04. 13.2023 1 -1 t - - J+� •� •:fir � - .t� „ �� .:•�4. 13 ,. oi 0--. ., 04 13 2023 1--i'28• UP y'A+ . ~ �. P' yr • Site Photographs from April 13 and April 20, 2023 13: WL 2000 Sketch Map provided for illustrative purposes Photograph and Data Form Location Map and preliminary planning only. Not intended to be relied upon for exact location, � o/ dimension, or orientation. All findings and assessments are subject to verification from • / the Army Corps of Engineers, NC Division of Water Resources, and/or other appropriate L$q8 local authorities. Do not reproduce map set �eFzd� except in its entirety. OCC FLdi , O p �n ' o � � F Legend , ..oj 0 Review Area Detail 1: Page 2 a o Streets O Meck. Co. Parcels Detail 2: Page 3 Contours: 2 Ft Delineation Intermittent L Wetland ��Q� 0 100 200 300 400 Ft Pond TLM VIRONMENTAL Page: 1 of 3 Project Name: Orr Road Location: 6830 Orr Road Charlotte, NC 28215 For: LI Acquisitions, LLC Attn: Matthew Giannuzzi Coordinates: 35.264785°,-80.750529' Date: April 24, 2023 Photograph and Data Form Location Map PF 3 Pond 100 1 ' \ / 4 WL 1200 WL 1100 1 WL 1000 1 Legend O Review Area o Streets O Meck. Co. Parcels Contours: 2 Ft Delineation 0 CH 100 Intermittent \ Wetland 0 25 50 75 100 Ft Pond '_TLM VIRONMENTAL Page: 2 of 3 Detail: 1 Project Name: Orr Road Location: 6830 Orr Road Charlotte, NC 28215 For: LI Acquisitions, LLC Attn: Matthew Giannuzzi Coordinates: 35.264785°,-80.750529' Date: April 24, 2023 Photograph and Data Form Location Map 13 Legend O Review Area Streets O Meck. Co. Parcels Contours: 2 Ft Delineation Intermittent Wetland Pond CH 200 WL 2000 1 0 25 50 75 100 Ft '_TLM VIRONMENTAL 7- Page: 3 of 3 Detail: 2 Project Name: Orr Road Location: 6830 Orr Road Charlotte, NC 28215 For: LI Acquisitions, LLC Attn: Matthew Giannuzzi Coordinates: 35.264785°,-80.750529' Date: April 24, 2023 ROY COOPER Governor ELIZABETH S. BISER Secretary MARC RECKTENWALD Director Matthew Giannuzzi LI Acquisitions, LLC 923 15th Street NW Suite 500 Washington, DC 20005 Project: Orr Road NORTH CAROLINA Environmentat Quality June 13, 2023 Expiration of Acceptance: 12/13/2023 County: Mecklenburg 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 Catawba 03050103 Riparian Wetland 0.144 *DMS proposes to utilize the Catawba 03 Expanded Service Area to meet the mitigation requirement. Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The mitigation will be performed in accordance with the In -Lieu Fee Program instrument dated July 28, 2010. Thank you for your interest in the DMS in -lieu fee mitigation program. If you have any questions or need additional information, please contact Kelly.Williams@ncdenr.gov. Sincerely, FOR James. B Stanfill Deputy Director cc: Jennifer Robertson, agent North Carolina Department of Environmental Quality I Division of Mftlgatfon Services 217 Wesi Jones Street 11652 Mail Service Center I Rateigh, North Carolina 27699-1652 o�5q �`� 919.707.8976