20240463 Ver 1_4962.01 Permit Cover Letter and Attachments_20240321

O& MENK
Real People. Real Solutions.
MEMORANDUM
Date: March 13, 2024
To: U.S. Army Corps of Engineers
Charlotte Regulatory Field Office
8430 University Park Drive, Suite 615
Charlotte, NC 28262
From: Chad Ponce (BM I) — [e-mail]
CC: Anthony Parker—[e-mail]
Jake Bachman—[e-mail]
Subject: Gaston County — NWP 39 PCN — Industrial Pike Road — SAW-2023-02421
116 N Markley Street
Suite 101
Greenville, SC 29601
Ph: [phone]
Bolton-Menk.com
At the request of Crescent Acquisitions, LLC, Bolton & Menk (BM I) is submitting this Preconstruction
Notification for use of NWP 39 in preparation of site development at the Industrial Pike Road Site (Study
Area), located south of the intersection of Reichel Drive and Industrial Pike Road, with an address of 150
Reichel Drive, Gastonia, NC. The Study Area is comprised of two Gaston County parcels (ID# 309535 and
135875). A preliminary jurisdictional determination request was submitted for the site on November 11,
2023 and resubmitted on December 11, 2023. The PJD has not yet been granted.
Setting
The project is in the Lower South Fork Catawba River Watershed (HUC 0305010206). Land use in the
vicinity includes undeveloped and industrial properties. A portion of the site is in the US Environmental
Protection Agencies (EPA's) Brownfields Program under the site name Gastonia Investments. The project
is also adjacent to another Brownfields site under the name CRS Facility.
The approximately 18-acre study area is primarily forested with the exception of an approximately 2-
acre portion at the northeast side of the property that is dominated by kudzu. Power line rights -of -way
along the southeast and west sides of the property are maintained and contain shrubs and herbaceous
vegetation.
Soils at the site primarily consist of Udorthents, loamy and Cecil sandy clay loam. The soils are slightly
acidic with pH ranging from 5.6 to 6.2 (1:1 water, NRCS 2023).
An evaluation of habitats for federally -listed threatened or endangered species was conducted at the
site and immediate vicinity. Potential habitat for federally listed was not found to be present at the site.
See the attached Threatened and Endangered Species Habitat Report included as Attachment 4.
Historic listings in the vicinity of the site were reviewed using NC Historic Preservation Office's HPO Web
2.0. Historic listings were not listed at the site or adjacent to the site.
Bolton & Mark is an equal opportunity employer.

The PJD request included the following aquatic features which were delineated on October 18, 2023.
Table 1. Wetland Summary Table
Wetland Name
Wetland Type (Cowardin)
Wetland Type (NC WAM)
Size (acres)
Wetland 1
PEM
Non -Tidal Freshwater Marsh
0.23
Wetland 2
PFO
Headwater Forest
0.31
Table 2. Tributary Summary Table
Name
Type (flow)
Size (Linear Feet)
Size (square feet)
Non -Wetland Waters 1
Intermittent
306
1,224
Purpose and Need
The project purpose is for the construction of a single industrial warehouse building and associated
truck court area, employee parking, stormwater treatment, and additional required infrastructure. The
project is located on a portion of a brownfields site. The project will develop an otherwise unusable
contaminated site while preventing human exposure. The building is approximately 180,000 square feet
on roughly 18.41 acres within an existing Industrial Park. Main access to the property from Industrial
Pike Road requires minor impacts for the construction of a main access road and additional impacts to
construct a retaining wall due to engineering constraints. The size and positioning of the building,
parking, access road, and retaining wall has allowed for the avoidance of wetland features to the
greatest extent possible.
The Gaston County submarket has seen several industrial buildings under construction or completed
within the past 3 years ranging from 450-thousand to 1.25-million square feet. This project fills a need
for high demand smaller bulk space within one of the fastest growing industrial submarkets in the
Charlotte region. The client has been contacted by interested parties for space ranging from single
tenant build to suite projects and inquires from small manufactures or distributors with plans to relocate
and upsize their operations locally. The project site is also one of the last remaining buildable areas
within an existing industrial park with close access to Highway 85.
Proposed Impacts Summary
Impacts are proposed for two wetlands at the site, Wetland 1 and Wetland 2. Wetland 1 is a 0.23-acre
non -tidal freshwater marsh and Wetland 2 is a 0.31-acre headwater forest. Wetland 2 is downgradient
of Wetland 1 and they are connected by a small intermittent tributary (non -wetland waters 1) which is
on site near Wetland 1 before flowing off site.
Permanent impacts to Wetland 1 are primarily due to the grading (fill) required for the truck apron
space. An 18-inch diameter corrugated metal pipe culvert is being installed in Wetland 1 to allow flow
from the upgradient to the downgradient portions of the wetland being affected by fill. There are also
some temporary impacts at Wetland 1 due to the installation of jersey barriers for the protection of
Duke Energy power poles. These jersey barriers will be in place for approximately 180 days.
Permanent impacts to Wetland 2 are due to grading for the truck access road as well as the installation
of a headwall and a stormwater culvert. A 24-inch reinforced concrete metal pipe is proposed to be
installed below the truck access road with a rip rap apron outfall to Wetland 2. Temporary impacts
within Wetland 2 will result in the conversion of hardwood to emergent vegetation.
21Page

Table 3. Wetland Impact Summary Table
Impact ID
Wetland Name
Wetland Type (NC WAM)
Impact Type
Impact Size
Impact 1
Wetland 1
Non -tidal Freshwater Marsh
Permanent
0.12 acres
Impact 2
Wetland 1
Non -tidal Freshwater Marsh
Temporary
231 sq ft
Impact 3
Wetland 2
Headwater Forest
Permanent
0.05 acres
Impact 4
Wetland 2
Headwater Forest
Hardwood
Conversion
0.06 acres
Table 4. Tributary Impact Summary Table
Impact ID
Tributary Name
Tributary Type
Impact Type
Impact Size
Impact 5
Non -wetland
Waters 1
Intermittent
Permanent
73 If or
255 sq ft
Avoidance and Minimization
The Wetland Conservation Act requires that impacts to aquatic resources be avoided if practicable
alternatives exist. The following two avoidance alternatives were considered prior to the chosen
alternatives:
No Build Alternative: The no build alternative was considered for this project. If this project was
not completed, wetland impacts would not occur related to this project. The purpose and need
of the project would not be obtained and therefore, this alternative is not considered feasible.
2. Alternate Design: It was considered to modify the design to avoid all impacts at the site. The
modifications required include a smaller building, reducing the 31-foot-wide road to be a one -
lane road instead of two, and lowering the road to avoid grading out into the wetland. The
building would need to be approximately 110,000 square feet (40-percent reduction) to avoid
impacts to Wetland 1. A more narrow road would only accommodate 1 lane of traffic which
would be a safety concern in an emergency situation. Lowering the road bed would pull back the
grading that is impacting Wetland 2, however, the road is being kept at a higher grade to avoid
sediment disturbance in this area. This area is part of a Brownfields Site and is known to have
contaminated soil.
Wetland impacts were minimized throughout the design process. Minimization techniques included:
• The use of 4-foot high (minimum) retaining walls to limit the amount of grading in wetlands.
• Maximum allowable grading is proposed for areas near wetlands.
• The truck apron space is champered down on the far west side to minimize the grading in
wetlands.
• The walking path from Industrial Pike Road to the warehouse was moved from the west to the
east side of the road.
• Sediment and erosion control practices will be in place to prevent downgradient water quality
loss.
Mitigation
Mitigation for permanent wetland and tributary impacts at the site will be met by using NC DEQ DMS
mitigation credits at the required 2:1 ratio. Temporary impacts resulting in hardwood conversion of
forested to emergent vegetation are proposed to be mitigated at a 1:1 ratio. The total required
31Page

mitigation credits to be purchased include 0.40 wetland credits and 146 stream credits. See the attached
letter from NCDEQ DMS for the credit acceptance letter.
Please let us know if you have any questions or need further information.
Respectfully,
Chad Ponce, PWS
Natural Resources Specialist
Bolton & Menk, Inc.
116 N. Markley Street, Suite 101
Greenville, SC 29601
Cell 813-833-2592
Exhibits:
1. Site Location Map
2. Aquatic Resources Delineation Map
3. Site Layout Map
4. Proposed Impacts Map
Attachments:
1. Agent Authorization Form
2. ORM Form
3. DMS Credit Acceptance Letter
4. Threatened and Endangered Species
Habitat Assessment Report
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& MLENK
150 Reichel Dr., Gastonia, NC February 2024
Real Peapie. Real Solutions.

OBOLTON
& MENK
Real People. Real Solutions.
AGENT AUTHORIZATION FORM
LEGAL PROPERTY DESCRIPTION:
PIN #: 3536267457 and 3536256855
STREET ADDRESS: 150 Reichel Drive
Gastonia, NC 28052
116 N Markley Street
Suite 101
Greenville, SC 29601
Ph: [phone]
Bolton-Menk.com
I, the undersigned, registered property owner of the above noted property, do hereby authorize
Chad Ponce , of Bolton & Menk, Inc. (Contractor / Agent) and the U.S. Army Corps of Engineers to
enter the property. I also authorize the above agent to act on my behalf and take all actions necessary
for the processing, issuance and acceptance of this permit or certification and applicable standard and
special conditions.
Property Owner Information
Name: Pike Industrial, LLC
Address: 1451 Delta Dr., Gastonia, NC 28052
Phone No.: 704-907-1985
Email [e-mail]
100.11,
Property Owner Signature:
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Date: l l /20/23
We hereby certify the above information submitted in this application is true and accurate to the best of
our knowledge.

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RQY COOPER
Governor
ELIZABETH S. BISER
Secretary
MARC RECKTENWALD
Director
Anthony Parker
Crescent Acquisitions, LLC
601 S. Tryon Street, Suite 800
Charlotte, NC 28202
NORTH CAROLINA
Environmental Quality
March 12, 2024
Expiration of Acceptance: 9/12/2024
Project: Pike Road Industrial County: Gaston
This is a conditional acceptance letter.
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 applicable 404 Permit/401 Certification/Buffer Approval 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
03050102
Warm Stream
73
Catawba
03050102
Non -Riparian Wetland*
0.29
*Non -riparian wetland credit is not available in this service area. In accordance with the directive
from the February 8, 2011 IRT meeting, non -riparian wetland impacts located in the mountain and
piedmont areas of North Carolina can be accepted as requested, but mitigated utilizing riparian
wetland mitigation credits. 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 [e-mail].
Sincerely,
Kelly B. Williams
In -Lieu Fee Program Coordinator
cc: Chad Ponce, agent
North Carolina Department of Environmental Quality I Division of Mitigation Services
DE Ql! �
217 West Jones Street 1 1652 Mail Service Center I Raleigh, North Carolina 27699-1652
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Tahp r)f Contents
I. INTRODUCTION.....................................................................................................................................1
11. RECORDS REVIEW.................................................................................................................................1
Ill. SITE HABITAT DESCRIPTION.................................................................................................................. 2
IV. SPECIES HABITAT INFORMATION AND FINDINGS.................................................................................3
V. SUMMARY AND CONCLUSIONS............................................................................................................4
REFERENCES.................................................................................................................................................. 5
-Ahle!z
Table 1— Federally Protected Species List.................................................................................................... 2
annPnn x
Appendix A: Site Location Map
Appendix B: Aerial Site Map
Appendix C: IPaC Species List
Appendix D: NCNHP Letter
Prepared by: Bolton & Menk, Inc. Table of Contents
Haley Property—T&E Habitat Assessment 14961.01

I. INTRODUCTION
At the request of Crescent Acquisitions, LLC (Client), Bolton & Menk has completed a habitat
assessment of threatened and/or endangered species at the Industrial Pike Road site (Study Area),
a planned industrial development project located south of the intersection of Reichel Drive and
Industrial Pike Road, with an address of 150 Reichel Drive, Gastonia, NC (Appendix A and B). The
Study Area is comprised of two Gaston County parcels (ID# 309535 and 135875). This report
details the findings of desktop research and field reconnaissance completed in October 2023. The
project is in the Lower South Fork Catawba River Watershed (HUC 0305010206). Land use in the
vicinity includes undeveloped and industrial properties.
The focus of this evaluation was to determine the potential for occurrence of federally listed
protected species within the Site and immediate vicinity in preparation for development. Potential
habitat for federally listed was not found to be present at the site.
This report is based on a site visit and preliminary research completed prior to the field visit,
including review of: aerial photographs, United States Geological Survey (USGS) Topographic Map,
United States Fish and Wildlife Service (USFWS) National Wetland Inventory Map, United States
Department of Agriculture (USDA) Natural Resources Conservation Services (NRCS) Soil Survey of
Gaston County, wetland delineation map, and State and Federal lists of threatened and
endangered species.
Completion of this survey was directed by and complies with current state and federal regulations
[Federal Endangered Species Act of 1973 (16 USC 1531-1543), the North Carolina Endangered
Species Act (G.S. 113-331 to 113-337), Migratory Bird Treaty Act, and the Bald and Golden Eagle
Protection Act (16 U.S.C. 668-668c).
II. RECORDS REVIEW
The USFWS Information for Planning and Consultation (IPaC) database was used to generate and
review the lists of threatened (T) or endangered (E) species that could potentially occur within or
near the study area (Appendix Q. Federally protected species listed in the IPaC search for the site
are included in Table 1. In addition, candidate (C) and proposed endangered species are included
for information purposes.
The USFWS defines endangered as a species of plant or animal that is in danger of extinction
throughout all or a significant portion of its range. A threatened species is one that is likely to
become endangered within the foreseeable future. Proposed species are those that have been
nominated by the USFWS for federal listing as endangered or threatened. Candidate species are
those for which the USFWS has enough information to warrant proposing them for listing as
endangered or threatened but have not yet been proposed for listing. Proposed and Candidate
species are not protected under the Endangered Species Act (ESA).

Table 1 Federally Protected Species List
Scientific Name
Common Name
Federal Status State Status
Mammals
Perimyotis subflavus
Tricolored Bat
Proposed E E
Reptiles
Glyptemys muhlenbergii
Bog Turtle
SAT T
Insects
Danaus plexippus
Monarch Butterfly
C -
Flowering Plants
Hexastylis naniflora
Dwarf -flowered Heartleaf
T T
Notes: T = Threatened, E = Endangered, C = Candidate, SAT = Similarity of Appearance, Threatened
The North Carolina Endangered Species Act (G.S. Chapter 113, Article 25) prohibits the taking of
state listed species. The North Carolina Natural Heritage Program (NCNHP) database was reviewed
for federal or state protected species with observation records within 1 mile of the study area. No
listed species were found within 1 mile of the study area. A letter from NCNHP with results from
that query is included as Appendix D.
III. SITE HABITAT DESCRIPTION
The approximately 18-acre study area is primarily forested (mixed pine and hardwood) with the
exception of an approximately 2-acre portion at the northeast side of the property that is
dominated by kudzu and emergent wetlands. Power line rights -of -way along the southeast and
west sides of the property are maintained and contain shrubs and herbaceous vegetation.
Soils at the site primarily consist of Udorthents, loamy and Cecil sandy clay loam. The soils are
slightly acidic with pH ranging from 5.6 to 6.2 (1:1 water, NRCS 2023).
The following species were observed within upland areas of the site: trees including, red maple
(Acer rubrum), sugarberry (Celtis laevigata), sweetgum (Liquidambar styraciflua), tulip poplar
(Liriodendron tulipifera), loblolly pine (Pinus taeda), water oak (Quercus nigra), and Chinese privet
(Ligustrum sinense); and herbaceous vegetation including Southern crabgrass (Digitaria ciliaris),
Chinese bushclover (Lespedeza cuneata), Japanese honeysuckle (Lonicera japonica), Indian
strawberry (Potentilla indica), kudzu (Pueraria montana), Canada goldenrod (Solidago canadensis),
white heath aster (Symphyotrichum ericoides), Japanese stiltgrass (Microstegium vimineum),
poison ivy (Toxicodendron radicans), and muscadine (Vitis rotundifolia).
Species observed in and near wetland areas at the site include: red maple, sugarberry, sweetgum,
willow oak (Quercus phellos), and water oak; shrubs including American holly (Ilex opaca) and
Chinese privet; and herbs/vines including: devil's beggarticks (eidens frondosa), three -lobed
beggarricks (eidens tripartite), deertongue (Dichanthelium clandestinum), common rush (Juncus
effusus), seedbox (Ludwigia alternaflora), Japanese stiltgrass (Microstegium vimineum), sensitive
fern (Onoclea sensibilis), and arrowwood viburnum (Viburnum dentatum).

IV. SPECIES HABITAT INFORMATION AND FINDINGS
Species with Federal Listings within study area:
A. Mammals
Perimyotis subflavus - Tricolored eat — Proposed Endangered Species
The tricolored bat is a small insectivorous bat found across eastern North America. General
habitat requirements include forested landscapes, often open woods. They may be found
over water or at the water's edge. Their foraging habitat includes early successional stands
with sparse vegetation. Nonreproductive individuals may select mature stands or buffer
zones near perennial streams and tend to roost near openings. The bats hibernate in a
variety of sites including mines, rock shelters, quarries, and caves. They are thought to roost
primarily in high tree foliage and in hollow trees according to Kentucky Department of Fish
& Wildlife Resources (fw.ky.gov). They are also known to roost in live and dead leaf clusters
of live or recently dead hardwood trees, pine needles, eastern red cedar, or artificial roots
(USFWS 2021).
Finding: Tricolored bats may use forested areas of the site for foraging. Hibernacula is not
preset at the site. No critical habitat has been designated for this species. Currently, the
tricolored bat is not protected but has been proposed for listed as an endangered species.
B. Reptiles
Glyptemys muhlenbergii — Bog Turtle — Threated due to Similarity of Appearance
Bog turtles are one of the smallest turtles in the world. The southern bog turtle is currently
listed as threated due to its similar appearance to the northern bog turtle. Bog turtles
inhabit shallow, slow -moving, muck -bottomed channels of bogs, fens, shrub -swamps, and
wet pasture (NatureServe 2023). Open canopy fen and wet meadows with a diversity of
micro -habitats are preferred (Erb 2019). Bog turtles require "unfragmented riparian systems
that are sufficiently dynamic to allow the natural creation of open habitat are needed to
compensate for ecological succession" [NatureServe 2023 (USFWS 2000)].
Finding: The habitat within the study area is a fragmented urban stream riparian zone and
does not contain shallow, slow -moving, muck -bottomed channels. Habitat at the Site is
unsuitable for the bog turtle.
C. Insects
Danaus plexippus — Monarch Butterfly —Candidate
Monarch butterflies are widespread throughout most of the United States. In the Carolinas,
monarchs migrate in fall to overwintering locations in Central America and return in the
spring (USFWS, 2020). Monarch butterflies occur in habitats where milkweeds (Asclepia
spp.) are present. Milkweeds are used as host plants for the monarch for feeding and egg -
laying in the spring and summer months. Milkweeds may be found on roadsides, ditches,
prairies, fields, croplands and pastures. Female monarch butterflies have been also
observed laying eggs on close relatives of true milkweeds (Cynanchum angustifolium and
(Seutera angustifolia) in South Carolina (USFWS, 2020). In the fall, winter, and early spring,
monarchs have been observed basking or roosting on evergreen trees and shrubs.
Finding: Milkweed species were not observed at the site. This species is not protected but is
considered a candidate for listing.

D. Flowering Plants
Hexastylis naniflora — Dwarf -flowered Heartleaf — Threatened
Dwarf -flowered heartleaf is found on moist to rather dry north -facing slopes of ravines in
the Piedmont, usually in the oak -hickory -pine community type. The concurrently occurring
oak species include Quercus velutina, Q. falcata, Q. prinus, Q. stellata, Q. alba, and Q.
coccinea; the hickories usually consist of Carya glabra, C. tomentosa, and C. ovalis; and the
pines mostly Pinus echinata, and P. viginiana. The understory contains Cornus, Cercis, and
Oxydendrum, with Kalmia predominant. Associated herbaceous species are Hepatica
americana, Chimaphila, Epigaea, Uvularia, Sanguinaria, Viola, Polygonatum, and
Polystichum. Generally the Hexastylis plants are around tree bases or under the Kalmia, on
steepish slopes along streams (NatureServe 2023).
Finding: Dry north -facing slopes and oak -hickory -pine community are not present at the
Site. Suitable habitat for this species is not present at the Site.
V. SUMMARY AND CONCLUSIONS
The focus of this evaluation was to determine the potential for occurrence of federally listed
threatened and endangered species at the Site and immediate vicinity in preparation for site
development. Potential habitat for federally listed was not found to be present at the site. No
further action is recommended at this time.
Sincerely,
BOLTON & MENK, INC.
,"VV 2
Chad Ponce
Professional Wetland Scientist (PWS# 3327)

REFERENCES
Erb, L. 2019. Bog turtle conservation plan for the Northern population. A report to the Pennsylvania
Division of Fisheries & Wildlife and the U.S. Fish and Wildlife Service. 102 pp. Available at:
httr)s://www.fws.eov/sites/default/files/documents/Bog Turtle Conservation Plan 2019 508C
O.Pdf
Accessed: December 7, 2022
NatureServe Explorer. 2023. Available at: https://explorer.natureserve.org/
Accessed: July 26, 2023.
NRCS. 2023. Web Soil Survey. Natural Resources Conservation Service, United States Department of
Agriculture. Available at: Https://websoilsurvey.nres.usda.gov/app/WebSoilSurvey.aspx
Accessed: July 26, 2023
U.S. Fish and Wildlife Service (USFWS). 2000. Bog turtle (Clemmys muhlenbergii), northern population,
recovery plan, agency draft. Hadley, Massachusetts. viii + 90 pp.
USFWS. 2020. Monarch (Danaus plexippus) Species Status Assessment Report, version 2.1. September
2020. United States Fish & Wildlife Service. Available at:
https://ecos.fws.gov/ServCat/DownloadFile/191345
Accessed on: March 13, 2023.
USFWS. 2021. Species Status Assessment Report for the Tricolored Bat (Perimyotis subflavus) version
I.I. December 2021. United States Fish & Wildlife Service, Northeast Region, Hadley, MA.
Available at: https://ecos.fws.gov/ServCat/DownloadFile/221212
Accessed on: March 13, 2023.

Appendix A: Site Location Map

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Appendix 6: Aerial Site Map

Industrial Pike Road
150 Reichel Dr., Gastonia, NC
Exhibit B: Aerial Photograph Map D
BOLTON
& MENK
October 2023 Reai People. Real Solutions.
legend
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Source, NC CGiA, Mexer Vivid Advanced 2022

Appendix C: IPaC Species List

1/18/24, 9:11 AM IPaC: Explore Location resources
IPaC
U.S. Fish & Wildlife Service
IPaC resource list
This report is an automatically generated list of species and other resources such as critical
habitat (collectively referred to as trust resources) under the U.S. Fish and Wildlife Service's
(USFWS) jurisdiction that are known or expected to be on or near the project area
referenced below. The list may also include trust resources that occur outside of the project
area, but that could potentially be directly or indirectly affected by activities in the project
area. However, determining the likelihood and extent of effects a project may have on trust
resources typically requires gathering additional site -specific (e.g., vegetation/species
surveys) and project -specific (e.g., magnitude and timing of proposed activities) information.
Below is a summary of the project information you provided and contact information for the
USFWS office(s) with jurisdiction in the defined project area. Please read the introduction to
each section that follows (Endangered Species, Migratory Birds, USFWS Facilities, and NWI
Wetlands) for additional information applicable to the trust resources addressed in that
section.
Location
Gaston County, North Carolina
Local office
Asheville Ecological Services Field Office
�. [phone]
JEJ [phone]
160 Zillicoa Street
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Asheville, NC 28801-1082
IPaC: Explore Location resources
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Endangered species
This resource list is for informational purposes only and does not constitute an analysis
of project level impacts.
The primary information used to generate this list is the known or expected range of each
species. Additional areas of influence (AOI) for species are also considered. An AOI includes
areas outside of the species range if the species could be indirectly affected by activities in
that area (e.g., placing a dam upstream of a fish population even if that fish does not occur
at the dam site, may indirectly impact the species by reducing or eliminating water flow
downstream). Because species can move, and site conditions can change, the species on this
list are not guaranteed to be found on or near the project area. To fully determine any
potential effects to species, additional site -specific and project -specific information is often
required.
Section 7 of the Endangered Species Act requires Federal agencies to "request of the
Secretary information whether any species which is listed or proposed to be listed may be
present in the area of such proposed action" for any project that is conducted, permitted,
funded, or licensed by any Federal agency. A letter from the local office and a species list
which fulfills this requirement can only be obtained by requesting an official species list
from either the Regulatory Review section in IPaC (see directions below) or from the local
field office directly.
For project evaluations that require USFWS concurrence/review, please return to the IPaC
website and request an official species list by doing the following:
1. Draw the project location and click CONTINUE.
2. Click DEFINE PROJECT.
3. Log in (if directed to do so).
4. Provide a name and description for your project.
5. Click REQUEST SPECIES LIST.
Listed speciesl and their critical habitats are managed by the Ecological Services Program of
the U.S. Fish and Wildlife Service (USFWS) and the fisheries division of the National Oceanic
and Atmospheric Administration (NOAA Fisheries).
Species and critical habitats under the sole responsibility of NOAA Fisheries are not shown
on this list. Please contact NOAA Fisheries for species under their jurisdiction.
1. Species listed under the Endangered Species Act are threatened or endangered; IPaC
also shows species that are candidates, or proposed, for listing. See the listing status
page for more information. IPaC only shows species that are regulated by USFWS (see
FAQ).
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2. 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.
The following species are potentially affected by activities in this location:
Mammals
NAME
Tricolored Bat Perimyotis subflavus
Wherever found
No critical habitat has been designated for this species.
iittps://ecos.fws.gov/ecp/Species 1051 5
Reptiles
STATUS
Proposed Endangered
NAM -
STATUS
Bog Turtle Glyptemys muhlenbergii SAI\
No critical habitat has been designated for this species.
https://ecos.fws.goy/ecptspecies/6962 �k \\000
Insects
NAM
Monarch Butterfly ❑anaz <apus
found
No critical habitat has been designated for this species.
https://ecos.fws.g2v/erp/species/9743
Flowering Plants
NAM. -
Dwarf -flowered Heartleaf Hexastylis naniflora
Wherever found
No critical habitat has been designated for this species
https://ecos.fws.gov/ecp/species/2458
STATUS
Candidate
S1Ai US
Threatened
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Critical habitats
Potential effects to critical habitat(s) in this location must be analyzed along with the
endangered species themselves.
There are no critical habitats at this location.
You are still required to determine if your project(s) may have effects on
all above listed species.
Bald &Golden Eagles
There are no documented cases of eagles being present at this location. However, if you
believe eagles may be using your site, please reach out to the local Fish and Wildlife service
office.
Additional information can be found using the following links:
• Eagle Management https://www.fws.ggrv/program/eagle-management
• Measures for avoiding and minimizing impacts to birds
https://www.fws.gov/I i brary/col lections/avoid ing-and-min i mizing-incidental-take-
migratory-birds
• Nationwide conservation measures for birds
https://www.fws.gov/sites/default/files/documents/nationwide-standard-conservation-
measures.pdf
• Supplemental Information for Migratory Birds and Eagles in IPaC
https://www.fws.gov/media/supplemental-information-migratory-birds-and-bald-and-
gol d e n-eagles-may-occur-project-a cti o n
What does IPaC use to generate the potential presence of bald and golden eagles in my specified
location?
The potential for eagle presence 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). To see 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 of bald and golden eagles in my
specified location?
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The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern (BCC) and other
species that may warrant special attention in your project location.
The migratory bird list generated for your project is derived from data provided by the Avian Knowledge
Network (AKN). The AKN data is based on a growing collection of survey, banding, and citizen science
datasets and is queried and filtered to return a list of those birds reported as occurring in the 10km grid
cell(s) which your project intersects, and that have been identified as warranting special attention because
they are a BCC species in that area, an eagle (Eagle Act requirements may apply), or a species that has a
particular vulnerability to offshore activities or development.
Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your project area.
It is not representative of all birds that may occur in your project area. To get a list of all birds potentially
present in your project area, please visit the Rapid Avian Information Locator (RAIL) Tool.
What 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. Please contact your local Fish and Wildlife Service Field Office if
you have questions.
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 habitats3 should follow appropriate regulations and
consider implementing appropriate conservation measures, as described in the links below.
Specifically, please review the "Supplemental Information on Migratory Birds and Eagles".
1. The Migratory Birds Treaty Act of 1918.
2. The Bald and Golden Eagle Protection Act of 1940.
Additional information can be found using the following links:
• Eagle Management https://www.fws.gov//program/eagle-management
• Measures for avoiding and minimizing impacts to birds
https://www.fws.gov/1 i b ra ry/co I l e cti o n s/avoiding-and-minimizing-i n c i d e nta 1-ta ke-
migratory-birds
• Nationwide conservation measures for birds https://www.fws.gov/sites/default/files/
documents/nationwide-standard-conservation-measures.pdf
• Supplemental Information for Migratory Birds and Eagles in IPaC
https://www.fws.gov/media/supplemental-information-migratory-birds-and-bald-and-
golden-eagles-may-occur-project-action
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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, see the PROBABILITY OF
PRESENCE SUMMARY below to see when these birds are most likely to be present and
breeding in your project area.
Illl lMIN
BREEDING SEASON
Rusty Blackbird Euphagus carolinus Breeds elsewhere
This is a Bird of Conservation Concern (BCC) only in particular
Bird Conservation Regions (BCRs) in the continental USA
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
"Supplemental Information on Migratory Birds and Eagles", specifically the FAQ section titled
"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.
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
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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.
To see a bar's probability of presence score, simply hover your mouse cursor over the bar.
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 10krn grid cell(s) your project area overlaps. The
number of surveys is expressed as a range, for example, 33 to 64 surveys.
To see a bar's survey effort range, simply hover your mouse cursor over the bar.
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 survey effort no data
SPECIES ]AN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
Rusty
Blackbird
BCC - BCR
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
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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 (BCC) and other
species that may warrant special attention in your project location.
The migratory bird list generated for your project is derived from data provided by the Avian Knowledge
Network (AKN). The AKN data is based on a growing collection of survey., banding, and citizen science
datasets and is queried and filtered to return a list of those birds reported as occurring in the 10km grid
cell(s) which your project intersects, and that have been identified as warranting special attention because
they are a BCC species in that area, an eagle (Eagle Act requirements may apply), or a species that has a
particular vulnerability to offshore activities or development.
Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your project area.
It is not representative of all birds that may occur in your project area. To get a list of all birds potentially
present in your project area, please visit the Rapid Avian Information Locator (RAIL) Tool.
What does IPaC use to generate the probability of presence graphs for the migratory birds potentially
occurring in my specified location?
The probability of presence graphs associated with your migratory bird list are based on data provided by
the Avian Knowledge Network {AKN). This data is derived from a growing collection of survey, banding, and
citizen science datasets.
Probability of presence data is continuously being updated as new and better information becomes
available. To learn more about how the probability of presence graphs are produced and how to interpret
them, go the Probability of Presence Summary and then click on the "Tell me about these graphs" link.
How do i know if a bird is breeding, wintering or migrating in my area?
To see what part of a particular bird's range your project area falls within (i.e. breeding, wintering,
migrating or year-round), you may query your location using the RAIL Tool and look at the range maps
provided for birds in your area at the bottom of the profiles provided for each bird in your results. If a bird
on your migratory bird species list has a breeding season associated with it, if that bird does occur in your
project area, there may be nests present at some point within the timeframe specified. If "Breeds
elsewhere" is indicated, then the bird likely does not breed in your project area.
What are the levels of concern for migratory birds?
Migratory birds delivered through IPaC fall into the following distinct categories of concern:
1. "BCC Rangewide" birds are Birds of Conservation Concern (BCC) that are of concern throughout their
range anywhere within the USA (including Hawaii, the Pacific Islands, Puerto Rico, and the Virgin
Islands);
2. "BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation Regions (BCRs) in
the continental USA; and
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3. "Non -BCC - Vulnerable" birds are not BCC species in your project area, but appear on your list either
because of the Eagle Act requirements (for eagles) or (for non -eagles) potential susceptibilities in
offshore areas from certain types of development or activities (e.g. offshore energy development or
longline fishing).
Although it is important to try to avoid and minimize impacts to all birds, efforts should be made, in
particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC species of
rangewide concern. For more information on conservation measures you can implement to help avoid
and minimize migratory bird impacts and requirements for eagles, please see the FAQs for these topics.
Details about birds that are potentially affected by offshore projects
For additional details about the relative occurrence and abundance of both individual bird species and
groups of bird species within your project area off the Atlantic Coast, please visit the Northeast Ocean
Data Portal. The Portal also offers data and information about other taxa besides birds that may be
helpful to you in your project review. Alternately, you may download the bird model results files
underlying the portal maps through the NOAA NCCOS Integrative Statistical Modeling and Predictive
Mapping of Marine Bird Distributions and Abundance on the Atlantic Outer Continental Shelf project
webpage.
Bird tracking data can also provide additional details about occurrence and habitat use throughout the
year, including migration. Models relying on survey data may not include this information. For additional
information on marine bird tracking data, see the Diving Bird Study, and the nanotag studies or contact
Caleb Spiegel or Pam Loring.
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 Lice 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.
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Facilities
National Wildlife Refuge lands
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 at this location.
Fish hatcheries
There are no fish hatcheries at this location.
Wetlands in the National Wetlands Inventory
(NWI)
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.
This location did not intersect any wetlands mapped by NWI.
NOTE: This initial screening does not replace an on -site delineation to determine whether
wetlands occur. Additional information on the NWI data is provided below.
Data limitations
The service's objective of mapping wetlands and deepwater habitats is to produce reconnaissance level
information on the location, type and size of these resources. The maps are prepared from the analysis of
high altitude imagery. Wetlands are identified based on vegetation, visible hydrology and geography. A
margin of error is inherent in the use of imagery; thus, detailed on -the -ground inspection of any particular
site may result in revision of the wetland boundaries or classification established through image analysis.
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The accuracy of image interpretation depends on the quality of the imagery, the experience of the image
analysts, the amount and quality of the collateral data and the amount of ground truth verification work
conducted. Metadata should be consulted to determine the date of the source imagery used and any
mapping problems.
Wetlands or other mapped features may have changed since the date of the imagery or field work. There
may be occasional differences in polygon boundaries or classifications between the information depicted
on the map and the actual conditions on site.
Data exclusions
Certain wetland habitats are excluded from the National mapping program because of the limitations of
aerial imagery as the primary data source used to detect wetlands. These habitats include seagrasses or
submerged aquatic vegetation that are found in the intertidal and subtidal zones of estuaries and
nearshore coastal waters. Some deepwater reef communities (coral or tuberficid worm reefs) have also
been excluded from the inventory. These habitats, because of their depth, go undetected by aerial
Imagery.
Data precautions
Federal, state, and local regulatory agencies with jurisdiction over wetlands may define and describe
wetlands in a different manner than that used in this inventory. There is no attempt, in either the design
or products of this inventory, to define the limits of proprietary jurisdiction of any Federal, state, or local
government or to establish the geographical scope of the regulatory programs of government agencies.
Persons intending to engage in activities involving modifications within or adjacent to wetland areas
should seek the advice of appropriate Federal, state, or local agencies concerning specified agency
regulatory programs and proprietary jurisdictions that may affect such activities.
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Appendix D: NCNHP Letter

Roy Cooper, Governor
Ss MEN
■■ t INC DEPARTMENT OF
■■ ■■ NATURAL AND CULTURAL RESOURCES
January 18, 2024
Chad Ponce
Bolton & Menk
116 N. Markley Street, Suite 101
Greenville, SC 29601
RE: Industrial Pike Road; 4962.01
Dear Chad Ponce:
Q. Reid Wilson, Secretary
Misty Buchanan
Deputy director, Natural Heritage Program
The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide
information about natural heritage resources for the project referenced above.
A query of the NCNHP database, based on the project area mapped with your request, indicates
that there are no records for rare species, important natural communities, natural areas, and/or
conservation/managed areas within the proposed project boundary, or within a one -mile radius of
the project boundary.
Please note that although there may be no documentation of natural heritage elements within or
near the project boundary, it does not imply or confirm their absence; the area may not have been
surveyed. The results of this query should not be substituted for field surveys where suitable habitat
exists. In the event that rare species are found within the project area, please contact the NCNHP so
that we may update our records.
Please also note that natural heritage element data are maintained for the purposes of conservation
planning, project review, and scientific research, and are not intended for use as the primary criteria
for regulatory decisions. Information provided by the NCNHP database may not be published
without prior written notification to the NCNHP, and the NCNHP must be credited as an information
source in these publications. Maps of NCNHP data may also not be redistributed without
permission.
If you have questions regarding the information provided in this letter or need additional assistance,
please contact the NCNHP at natural.heritageCodncr.nc.gov.
Sincerely,
NC Natural Heritage Program
DEPAPIMENT OF NATURAL AND CUI.rURAL PESCUPCES
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