Loading...
HomeMy WebLinkAbout20240591 Ver 1_BlueberryFarms_PCNBinder_SUBMITTED_20240418E S 2// k \ 0 2 \ ± ry \ 7 R / k � � m o •• a _ � �k £ E E 2 0 2 Z w��9���= �0L)0 ± n \ �550/m % .0 cmf7 \ m 2W0m 0 2 02. § k J m�\/\\cam \ » 0 7.a c R / / § \ 5 ?:mm \�o\ _ ƒ \ 0m0-U(D0 / O »fIL®%c= ' 7 / o m E _ �vmw C) 00 ) k,E�S22$®§ _ � w cL E$ m/ 3�\\ ° \ k w ° 7 � = U) ® m §%ncndf�m0 $ 2 /'_ . W e = 2 = -§.277£252 m ƒ=./k=c%2 :3 Za) © 7 = = (k-\70:3 9wa) oo(D ) % b § _ 0 M = c E 3 » R ® \ _ \J\a(/�0u22@0±%\E ea"-_ME�=gCL E 7§ 2 2 k» I§ 3 f f zwdzv�0 tm(1)0cd a)0 ��v2v�CL C)M2en co m3 =0) \\�°°K§ oomi,=\\k\/ ooaaao��0aae\O2EEo£ \ c : \ \ E § w k k _ ■ e \ \ \ _ § \ � 7 \ \ / WEPG Preliminary ORM Data Entry Fields for New Actions Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. SAW — 2023 - 01769 BEGIN DATE [Received Date]: Prepare file folder ❑ Assign Action ID Number in ORM ❑ I. Project Name [PCN Form A2a]: Blueberry Farms (Catawba Valley) 2. Work Type: Private❑ Institutional ❑ Government ❑ Commercial ❑ 3. Project Description / Purpose [PCN Form 133d and 133e]: PCN Request for Residential Development 4. Property Owner / Applicant [PCN Form A3 or A4]: Fiorenza 5. Agent / Consultant [PCN Form A5 —or ORM Consultant ID Number]: WEPG, PLLC c/o Daniel Kuefler 6. Related Action ID Number(s) [PCN Form 135b]: 7. Project Location - Coordinates, Street Address, and/or Location Description [PCN Form 131b]: 35.6963,-81.3388 362 Catawba Valley Blvd SE, Hickory, NC 28602 8. Project Location -Tax Parcel ID [PCN Form B1a]: 370112755345, 370108875621, 370108789470, 370108775545, 370111666796,370112877400,370112875316 9. Project Location —County [PCN Form A2b]: Catawba 10. Project Location — Nearest Municipality or Town [PCN Form A2c]: Hickory 11. Project Information — Nearest Waterbody [PCN Form 132a]: Henry Fork 12. Watershed / 8-Digit Hydrologic Unit Code [PCN Form B2c]:03050102 (Catawba) Authorization: Section 10 ❑ Section 404 �✓ Section 10 & 404 ❑ Regulatory Action Type: ❑ Standard Permit U Nationwide Permit # 29 ❑ Regional General Permit # Jurisdictional Determination Request ❑Pre -Application Request Unauthorized Activity ❑ Compliance ❑ No Permit Required 001 0W411IW1L069% Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. April 18, 2024 Ms. Jennifer Lawrence U.S. Army Corps of Engineers Charlotte Regulatory Field Office 8430 University Executive Park Drive Charlotte, NC 28262 Mr. Andrew Pitner NCDEQ Division of Water Resources 610 East Center Street, Suite 301 Mooresville, NC 28115 Mr. Paul Wcjoski NCDEQ Division of Water Resources Wetlands & Storm Water Branch 512 North Salisbury Street Raleigh, NC 27604 Mr. Byron Hamstead U.S. Fish and Wildlife Service Asheville Field Office 160 Zillicoa St. Asheville, NC 28801 Subject: SAW-2023-01769; Pre -Construction Notification for NWP 429 for the Blueberry Farms site in Hickory, Catawba County, North Carolina Ms. Lawrence and Messrs. Pitner, Wojoski, and Hamstead, Enclosed is a request for Nationwide Permit 929 for the Blueberry Farms (Catawba Valley Blvd) site located on approximately152.67 acres directly south of Catawba Valley Blvd SE and east of US-321 in Hickory, NC. The site is a proposed residential development and consists of five intermittent streams, five perennial streams, three open water ponds, thirteen wetlands, and a portion of Henry Fork within the project boundary. The site was verified by the USACE in September 2023. Please refer to the Jurisdictional Determination Information section for information regarding onsite surface waters. As shown on the attached exhibits, the proposed project will include permanent impacts to two streams for road crossings and temporary impacts for the associated construction access. Overall Charlotte Office: www.wetlands-epg.com Asheville Office: 10612-D Providence Rd. 1070 Tunnel Rd., Bldg. I PMB 550 Suite 10, PMB 283 Charlotte, NC 28277 Asheville, NC 28805 (704)904-2277 1 len.rindner@wetlands-epg.com Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. impacts to site surface waters associated with the proposed development were limited through site selection, design, and location/orientation of the proposed lots and access routes. Total impacts proposed include 278 linear feet (0.042 acres) of permanent loss to Waters of the U.S. (Perennial Stream B and C) for two roadway crossings and 84.69 linear feet (0.011 acres) of temporary impacts for construction access at crossings (Perennial Stream B and Q. Efforts of minimization were implemented during design to preserve existing site hydrology and limit adverse effects to existing, onsite natural habitat. Construction techniques will implement approved erosion control methods to avoid/minimize impacts to onsite/adjacent offsite receiving conveyances. Where possible, 2:1 slopes and retaining walls will be used to minimize crossing impacts. The applicant has demonstrated avoidance and minimization efforts by dedicating open space and avoiding —95% of onsite streams and 100% of onsite wetlands. To compensate for the anticipated permanent impacts, the applicant is proposing payment into NCDMS at a 2:1 ratio for 278 linear feet of perennial warm water stream. Please refer to the attached ILF Letter for details regarding mitigation. Also enclosed is a copy of our Threatened/Endangered Species Evaluation for the site. No listed species were identified within the project area and we believe that there will be no effect on listed species, or their critical habitat as designated under Section 7 of the Endangered Species Act. Additionally enclosed is a copy of our Cultural Resource report. No NRHP-listed properties, determined -eligible properties, study -listed resources, designated local landmarks or otherwise recorded historic resources were identified on the site. Thank you for your consideration and please contact me if you have any questions, (336)-554-2728 or email at dani el.kueflerkwetlands-epg. com. Sincerely, Daniel Kuefler, PWS Environmental Scientist Charlotte Office: 10612-D Providence Rd. PMB 550 Charlotte, NC 28277 (704)904-2277 len.rindner@wetlands-epg.com www.wetiands-epg.com 2 x4y h"C4 Kelsey Strausbaugh Environmental Scientist Asheville Office: 1070 Tunnel Rd., Bldg. I Suite 10, PMB 283 Asheville, NC 28805 C O V d d Q L. N CL Permit Application on� ,ti au,�n NORTH CAROLINA Environmental Quality Water Resources Office Use Only Corps Action I D no. [Click to enter.] Date received: [Click to enter.] DWR project no. Click enter.] Date received: [Click to enter.] Site Coordinates: Latitude (DD.DDDDDD): 35.6963 Longitude (DD.DDDDDD): 81.3388 Form Version 4.3, 1210412023 Pre -Construction Notification (PCN) Form (Ver. 4.2, 1210412023) For Nationwide Permits and Regional General Permits and corresponding Water Quality Certifications Please note: fields marked with a red asterisk are required. The form is not considered complete until all mandatory questions are answered. The PCN help document may be found at this link: https://edocs.deg.nc.gov/WaterResources/DocView.aspx?dbid=0&id=2196924&cr=1 Page 1 of 20 PCN Form Version 4.3- December 4, 2023 A. Processing Information County (counties) where project is located: * Catawba Additional (if needed). Is this an ARPA project? * ❑ Yes ❑x No If yes, ARPA project number: * The project number can be found on the "Letter of Intent to Fund" (LOIF) or "Offer and Acceptance Letter". If you are unable to locate Click or tap here to enter text. your DWI ARPA Funding Project Number, please contact Corey Basinger at core y.basinger(cMcdenr.gov for further assistance. Is this a NCDMS project? * (Click yes only if NCDMS is the applicant or co- ❑ Yes ❑x No applicant) Is this a public transportation project? (Publicly funded municipal, state, or federal road, rail, ❑ Yes ❑x No or airport project) Is this a NCDOT project? * ❑ Yes ❑x No If yes, NCDOT TIP or state project number: Click to enter. If yes, NCDOT WBS number: * Click to enter. ❑x Section 404 Permit (wetlands, streams, waters, Clean Water Act) 1 a. Type(s) of approval sought from the Corps: * ❑ Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) Has this PCN previously been submitted? * ❑ Yes ❑x No Please provide the date of the previous submission. * Click to enter a date. ❑x Nationwide Permit (NWP) 1 b. What type(s) of permit(s) do you wish to seek ❑Regional General Permit (RGP) authorization? * ❑ Standard (IP) This form may be used to initiate the standard/ individual permit process with the USACE. Please contact your Corps representative concerning submittals for standard permits. All required items can be included as attachments and submitted with this form. 1 c. Has the NWP or GP number been verified by the Corps? * ❑ Yes ❑x No NWP number(s) (list all numbers ): 29 RGP number(s) (list all numbers ): Click to enter. Are you a federal applicant? ❑ Yes ❑x No If yes, please provide a statement concerning compliance with the Coastal Zone Management Act Click to enter text. 1 d. Type(s) of approval sought from DWR (check all that apply): ❑ 401 Water Quality Certification — Regular ❑ 401 Water Quality Certification— Express ❑ Non-404 Jurisdictional General Permit ❑ Riparian Buffer Authorization ❑x Individual 401 Water Quality Certification Is this a courtesy copy notification ❑ Yes ❑x No Page 2 of 20 PCN Form Version 4.3- December 4, 2023 1 e. Is this notification solely for the record because written approval is not required? * For the record only for DWR 401 Certification: * ❑ Yes ❑x No For the record only for Corps Permit: * ❑ Yes ❑x No 1f. Is this an after -the -fact permit/certification application? * ❑ Yes ❑x No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? ® Yes ❑ No If yes, attach the acceptance letter from mitigation bank or in -lieu fee program. 1 h. Is the project located in any of NC's twenty coastal counties? * ❑ Yes ❑x No 1 i. Is the project located within an NC DCM Area of Environmental Concern (AEC)? * ❑ Yes ❑x No ❑ Unknown 1j. Is the project located in a designated trout watershed? * ❑ Yes ❑x No If yes, you must attach a copy of the approval letter from the appropriate Wildlife Resource Commission Office. Trout information may be found at this link: http://www.saw.usace.army.miI/Missions/Regulatory-Permit- Program/Agency-Coordination/Trout.aspx Page 3 of 20 PCN Form Version 4.3- December 4, 2023 B. Applicant Information 1a. Who is the primary contact? Daniel Kuefler 1 b. Primary Contact Email: Daniel.kuefler@wetlands-epg.com 1 c. Primary Contact Phone: (###)###-#### (336)554-2728 1 d. Who is applying for the permit/certification? (check all that apply) ❑ Owner 0 Applicant (other than owner) 1 e. Is there an agent/consultant for this project? ® Yes ❑ No 2. Landowner Information 2a. Name(s) on Recorded Deed: Michael Dorsey 2b. Deed Book and Page No.: UICK to enter. 2c. Contact Person (for corporations): Click to enter. 2d. Address Street Address: 4455 NC Hwy 10 West Address line 2: Click to enter. City: Newton State/ Province/ Region: North Carolina Postal/ Zip Code: 28658 Country: USA 2e. Telephone Number: (###)###-#### (828)320-3626 2f. Fax Number: (###)###-#### Click to entE 2g. Email Address: Michael. dorsey@ethanaIlen.ccm 3. Applicant Information (if different from owner) 3a. Name: Bridget McClellan 3b. Business Name (if applicable): Fiorenza 3c. Address: Street Address: 118 E Kingston Ave. Ste 16 Address line 2: Click to entE City: Charlotte State/ Province/ Region: North Carolina Postal/ Zip Code: 28203 Country USA 3d. Telephone Number: (###)###-#### (704)649-6601 3e Fax Number: (###)###-#### Click to entr 3f. Email Address: bridget@byfiorenza.com Page 4 of 20 PCN Form Version 4.3- December 4, 2023 4. Agent/ Consultant (if applicable) 4a. Name: Daniel Kuefler 4b. Business Name: WEPG 4c. Address: Street Address: 10612-D Providence Rd Address line 2: Click to entr City: Charlotte State/ Province/ Region: North Carolina Postal/ Zip Code: 28277 Country: USA 4d. Telephone Number: (###)###-#### (336)554-2728 4e Fax Number: (###)###-#### Click to entr 4f. Email Address: Daniel.kuefler@wetlands-epg.com Agent Authorization Letter: Attach a completed/signed agent authorization form or letter. A sample form may be found at this link: https://www.saw.usace.army. mil/Missions/Reg ulatory-Permit-Program/Permits/2017-Nationwide-Permits/Pre- construction-Notification/ Page 5 of 20 PCN Form Version 4.3- December 4, 2023 C. Project Information and Prior Project History 1. Project Information 1 a. Name of project: * Blueberry Farms 1 b. Subdivision name (if appropriate): Click to enter. 1c. Nearest municipality/town: * Hickory 2. Project Identification 2a. Property identification number (tax PIN or parcel ID): 370112755345,370108875621,370108789470, 370108775545, 370111666796,370112877400,370112875316 2b. Property size (in acres): 152.67 2c. Project Address: Street Address: 362 Catawba Valley Blvd SE Address line 2: City: Hickory State/ Province/ Region: North Carolina Postal/ Zip Code: 28602 Country: USA 2d. Site coordinates in decimal degrees (using 4-6 digits after the decimal point): * Latitude (DD.DDDDDD): * 35.6963 Longitude (-DD.DDDDDD): *-81.3388 3. Surface Waters 3a. Name of nearest body of water to proposed project: * Henry Fork 3b. Water Resources Classification of nearest receiving C water: * The Surface Water Classification map may be found at this link: httr)s://ncdenr.maps.arcqis.com/apes/webaggviewer/index.html?id=6el 25ad7628f494694e259c80dd64265 Catawba 3c. In what river basin(s) is your project located? * Choose additional (if needed) 3d. Please provide the 12-digit HUC in which the project is 030501020103 located: The Find Your HUC map may be found at this link: httr)s://ncdenr.maps.arcqis.com/apes/Publiclnformation/index.html?appid=ad3a85aOc6d644aOb97cdO69db238ac3 Page 6 of 20 PCN Form Version 4.3- December 4, 2023 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 Catawba Valley Blvd site (+/- 152.67 acres) is located just south of Catawba Valley Boulevard, and just southeast of 3rd St. PI SE, in Catawba County, North Carolina. It can be found on the Hickory, NC USGS Topographic Quadrangle Map; latitude is 35.6963 °N, longitude is-81.3388 'W. The topography is moderately sloped. The elevation ranges from 860 to 1030 ft. The site is comprised of abandoned farmland and wooded slopes and is disturbed throughout. 4b. Have Corps permits or DWR certifications been obtained for this ❑ Yes ❑x No ❑ Unknown project (including all prior phases) in the past? * If yes, please give the DWR Certification number and/or Corps [Click to enter.] Action ID (ex. SAW-0000-00000): IClick to enter.] Attach any pertinent project history documentation 4b2. Is any portion of the work already complete? ❑ Yes ❑x No If yes, describe the completed work. UJUK W efliel it. 4c. List of other certifications or approvals/denials received from other federal, state or local agencies for work described in this application not related to the 404 or 401. 4d. Attach an 8'Y2 x 11" excerpt from the most recent version of the USGS topographic map indicating the location of the project site. 4e. Attach an 8'Y2 x 11" excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. 4f. List the total estimated acreage of all existing wetlands on the 2.19 acres property: 4g. List the total estimated linear feet of all existing streams (intermittent 6869 linear feet and perennial) on the property: 4g1. List the total estimated acreage of all existing open waters on the 0.71 acres property: 4h. Explain the purpose of the proposed project: The proposed residential development will include impacts to two streams for road crossing access 4i. Describe the overall project in detail, including the type of equipment to be used: Fill and grading of the site will use standard equipment, excavator, dump truck, track hoe, etc. 4j. Attach project drawings/site diagrams/depictions of impact areas for the proposed project. 4k. Will this activity involve dredging in wetlands or waters? ❑ Yes ❑x No If yes, describe the type of dredging, the composition of the dredged material, and the locations of disposal area. UICK to enter tex, Page 7 of 20 PCN Form Version 4.3- December 4, 2023 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or in ® Yes ❑ No ❑ Unknown proposed impact areas? Comments: ,lick to enter text 5b. If the Corps made a jurisdictional determination, ❑x Preliminary ❑ Approved ❑ Emailed concurrence what type of determination was made? ❑ Not Verified ❑ Unknown ❑ n/a Corps AID number (ex. SAW-0000-00000): SAW-2023-01769 Name (if known): Nicholas Nelson 5c. If 5a is yes, who delineated the jurisdictional Agency/Consultant Company: WEPG areas? Other: Click to enter 5d. List the dates of the Corps jurisdictional determination or State determination if a determination was made by either agency. 09/05/2023 5d1. Attach jurisdictional determinations. 6. Future Project Plans 6a. Is this a phased project? ❑ Yes ❑x No 6b. If yes, explain. Click to enter. Are any other NWP(s), regional general permit(s), or individual permit(s) used, or intended to be used, to authorize any part of the proposed project or related activity? This includes other separate and distant crossings for linear projects that require Department of the Army authorization but don't require pre -construction notification. Click to enter. 7. Addresses of adjoining property owners, lessees, etc. whose property adjoins the waterbody (if more than can be entered here, please attach a supplemental list) Please refer to attached adjacent property owner mailing list 8. Scheduling of activity: Click to enter. Page 8 of 20 PCN Form Version 4.3- December 4, 2023 D. Proposed Impacts Inventory Impacts Summary ❑ Wetlands ❑x Streams - tributaries 1 a. Where are the impacts associated with your project ❑ Buffers ❑ Open Waters (check all that apply): ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, complete this table for each wetland area impacted. 2a. Site # 2a1. Impact Reason/Type 2b. Impact Duration 2c. Wetland Type 2d. Wetland Name 2e. Forested ? 2f. Jurisdiction Type 2g. Impact Area (ac) W1 Choose one emp/ Perm Choose onE ,lick to enter Y/I\ ;hoose one Click to enter W2 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W3 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W4 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W5 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W6 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W7 Choose one -emp/ Perm Choose onE Click to enter Y/N choose one Click to enter W8 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W9 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W10 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W11 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W12 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W13 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W14 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W15 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter 2g1. Total temporary wetland impacts Click to enter. ac 2g2. Total permanent wetland impacts Click to enter. ac 2g3. Total wetland impacts Click to enter. ac 2h. Type(s) of material being discharged and the amount of each type in cubic yards: Click to enter text. 2i. Comments: Click to enter text. Page 9 of 20 PCN Form Version 4.3- December 4, 2023 3. Stream Impacts If there are perennial or intermittent stream/ tributary impacts (including temporary impacts) proposed on the site, complete this table for all stream/ tributary sites impacted. ** All Perennial or Intermittent streams must be verified by DWR or delegated local government 3a 3b. 3c. 3d. 3e. 3f. 3g. 3h. Site #* Impact Impact Impact Type* Stream Name* Stream Jurisdiction Stream Width Impact length Reason* Duration* Type* Type* (avg ft) * (linear ft) S1 Culvert Permanent Crossing/ Stream B Perennial Corps 8 151.13 Culvert S2 Riprap Permanent Fill (Incl. Stream B Perennial Corps 8 46.09 Riprap) S3 Construction Temporary Other Stream B Perennial Corps 8 19.18 Access S4 Culvert Permanent Crossing/ Stream C Perennial Corps 5 126.73 Culvert S5 Riprap Permanent Fill (Incl. Stream C Perennial Corps 5 27.38 Riprap) S6 Construction Temporary Other Stream C Perennial Corps 5 65.51 Access S7 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S8 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S9 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S10 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S11 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S12 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S13 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S14 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S15 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S16 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S17 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S18 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S19 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S20 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter 3i1. Total jurisdictional ditch Click to enter. linear ft impact: 3i2. Total permanent stream 351.33 linear ft impacts: M. Total temporary stream 84.69 linear ft impacts: 34. Total stream and ditch 436.02 linear ft impacts: 3j. Comments: S2/S5 = No Loss Impact- riprap will be placed at pre-existing elevations Page 10 of 20 PCN Form Version 4.3- December 4, 2023 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S., individually list all open water impacts in the table below. 4a. Site #* 4a1. Impact Reason 4b. Impact Duration* 4c. Waterbody Name* 4d. Activity Type* 4e. Waterbody Type* 4f. Impact area (ac)* 01 Click to enter. Temp/ Perm Click to enter. Choose one Choose one Click to enter. 02 Click to enter. Temp/ Perm Click to enter. Choose one Choose one Click to enter. 03 Click to enter. Temp/ Perm Click to enter. Choose one Choose one Click to enter. 04 Click to enter. Temp/ Perm Click to enter. Choose one Choose one Click to enter. 05 Click to enter. Temp/ Perm Click to enter. Choose one Choose one Click to enter. 4g. Total temporary open water impacts Click to enter. ac 4g. Total permanent open water impacts Click to enter. ac 4g. Total open water impacts Click to enter. ac 4h. Comments: Click to enter. 5. Pond or Lake Construction If pond or lake construction is proposed, complete the table below. (*This does NOT include offline stormwater management ponds.) 5a. 5b. 5c. 5d. 5e. Pond ID Proposed use or Wetland Impacts (ac) Stream Impacts (ft) Upland # purpose of pond Impacts (ac) Flooded Filled Excavated Flooded Filled Excavated P1 Choose one Click to Click to Click to Click to Click to Click to Click to enter. enter. enter. enter. enter. enter. ente P2 Choose one Click to Click to Click to Click to Click to Click to Click to enter. enter. enter. enter. enter. enter. enter. P3 Choose one Click to Click to Click to Click to Click to Click to Click to enter. enter. enter. enter. enter. enter. enter. 5f. Total Click to Click to Click to Click to Click to Click to Click t- enter. enter. enter. enter. enter. enter. ente 5g. Comments: Click to enter. 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no.: Click to enter. 5i. Expected pond surface area (acres): Click to enter. 5j. Size of pond watershed (acres): Click to enter. 5k. Method of construction: Click to enter. Page 11 of 20 PCN Form Version 4.3- December 4, 2023 6. Buffer Impacts (DWR requirement) If project will impact a protected riparian buffer, then complete the chart below. Individually list all buffer impacts. 6a. Project is in which protected basin(s)? (Check all that apply.) ❑ Neuse ❑ Tar -Pamlico ❑x Catawba ❑ Jordan ❑ Goose Creek ❑ Randleman ❑ Other: Click to ente Site #* 6b. Impact Type* 6c. Impact Duration* 6d. Stream Name* 6e. Buffer Mitigation Required?* 6f. Zone 1 Impact* (sq ft) 6g. Zone 2 Impact* (sq ft) 131 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter B2 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter B3 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter B4 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter B5 Choose one Temp/ Perm Click to enter. Y/N Click to enter Click to enter. B6 Choose one Temp/ Perm Click to enter. Y/N Click to enter Click to enter. B7 Choose one Temp/ Perm Click to enter. Y/N Click to enter Click to enter. B8 Choose one Temp/ Perm Click to enter. Y/N Click to enter Click to enter. B9 Choose one Temp/ Perm Click to enter. Y/N Click to enter Click to enter. B10 Choose one Temp/ Perm Click to enter. Y/N Click to enter Click to enter. 1311 Choose one Temp/ Perm Click to enter. Y/N Click to enter Click to enter. B12 Choose one Temp/ Perm Click to enter. Y/N Click to enter Click to enter. B13 Choose one Temp/ Perm Click to enter. Y/N Click to enter Click to enter. B14 Choose one Temp/ Perm Click to enter. Y/N Click to enter Click to enter. B15 Choose one Temp/ Perm Click to enter. Y/N Click to enter Click to enter. B16 Choose one Temp/ Perm Click to enter. Y/N Click to enter Click to enter. B17 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B18 Choose one Temp/ Perm Click to enter. Y/N Click to enter Click to enter. B19 Choose one Temp/ Perm Click to enter. Y/N Click to enter Click to enter. B20 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. 6h. Total temporary impacts: Zone 1: Click to enter. sq ft Zone 2: Click to enter. sq ft 6h. Total permanent impacts: Zone 1: Click to enter sq ft Zone 2: Click to enter. sq ft 6h. Total combined buffer impacts: Zone 1: Click to enter. sq ft Zone 2: Click to enter. sq ft 6i. Comments: LACK to enter. Please attach supporting documentation (impact maps, plan sheets, etc.) for the proposed project. Page 12 of 20 PCN Form Version 4.3- December 4, 2023 E. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts through project design: Impacts associated with the proposed development were limited through site selection, design, and location/orientation of the proposed lots and access routes. The site plan was designed to avoid onsite features to the maximum extent practicable while still incorporating necessary site access. Due to the location/extent of jurisdictional onsite features, complete avoidance was not practicable. The applicant has demonstrated avoidance and minimization efforts by dedicating open space and avoiding —95% of onsite streams and 100% of onsite wetlands. 1 b. Specifically describe measures taken to avoid or minimize proposed impacts through construction techniques: Construction techniques will implement approved erosion control methods to avoid/minimize impacts to onsite/adjacent offsite receiving conveyances. Where possible, 2:1 slopes and retaining walls will be used to minimize crossing impacts. 2. Compensatory Mitigation for Impacts to Waters of the U.S., Waters of the State, or Riparian Buffers 2a. If compensatory mitigation is required, by whom is it required? ❑ DWR ❑x Corps (check all that apply) 2b. If yes, which mitigation option(s) will be used for this ❑ Mitigation Bank project? (check all that apply) ❑x In Lieu Fee Program ❑ Permittee Responsible Mitigation 3. Complete if using a Mitigation Bank (Must satisfy NC General Statute143-214.11 (d1).) 3a. Name of mitigation bank: Click io enter. 3b. Credits purchased/requested: Type: Choose one Quantity Click to ente Type: Choose one Quantity 'ick to enter. Type: Choose one Quantity ick to enter. Attach receipt and/or approval letter. 3c. Comments: Click to enter. 4. Complete if Using an In Lieu Fee Program 4a. Attach approval letter from in lieu fee program. 4b. Stream mitigation requested: 278 linear feet 4c. If using stream mitigation, what is the stream temperature: warm NC Stream Temperature Classification Maps can be found under the Mitigation Concepts tab on the Wilmington District's RIBITS website: (Please use the filter and select Wilmington district) https://ribits. usace.army. miI/ribits apex/f?p=107:27:2734709611497::NO:RP:P27 BUTTON KEY:O 4d. Buffer mitigation requested (DWR only): Click to ente, square feet 4e. Riparian wetland mitigation requested: Click to enter acres Page 13 of 20 PCN Form Version 4.3- December 4, 2023 4f. Non -riparian wetland mitigation requested: Click to ente acres 4g. Coastal (tidal) wetland mitigation requested: Click to ente acres 4h. Comments: lick to enter. 5. Complete if Providing a Permittee Responsible Mitigation Plan 5a. If proposing a permittee responsible mitigation plan, provide a description of the proposed mitigation plan, including mitigation credits generated. Click to enter. 5b. Attach mitigation plan/documentation. 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — DWR requirement 6a. Will the project result in an impact within a protected riparian buffer ❑ Yes ❑x No that requires buffer mitigation? If yes, please complete this entire section — please contact DWR for more information. 6b. If yes, identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required in the table below. 6c. 6d. 6e. Zone Reason for impact Total impact Multiplier Required mitigation (square feet) (square feet) Zone 1 lrlll R UJ CIIICI. lrlll R LU CIIICI. k., IVVJC one Alkr, LU CIIICI. Zone 2 ;lick to enter. Click to enter. Choose one Click to enter 6f. Total buffer mitigation required lick to enter. 6g. If buffer mitigation is required, is payment to a mitigation bank or ❑ Yes ❑ No NC Division of Mitigation Services proposed? 6h. If yes, attach the acceptance letter from the mitigation bank or NC Division of Mitigation Services. 6i. Comments: Click to enter. Page 14 of 20 PCN Form Version 4.3- December 4, 2023 F. Stormwater Management and Diffuse Flow Plan (DWR requirement) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers ® Yes No identified within one of the NC Riparian Buffer Protection Rules? 1 b. All buffer impacts and high ground impacts require diffuse flow or other form of stormwater treatment. If the project is subject to a state implemented riparian buffer protection program, include a plan that fully documents how diffuse/dispersed flow will be maintained. All Stormwater Control Measures (SCM) must be designed in accordance with the NC Stormwater Design Manual (https://deg.nc..qov/about/divisions/energv-mineral-land-resources/energv-mineral-land-permit- guidance/stormwater-bmp-manual). Associated supplement forms and other documentation must be provided. ❑ Level Spreader What Type of SCM are you ❑ Vegetated Conveyance (lower seasonal high water table- SHWT) providing? ❑ Wetland Swale (higher SHWT) (Check all that apply) 0 Other SCM that removes minimum 30% nitrogen ❑ Proposed project will not create concentrated stormwater flow through the buffer For a list of options to meet the diffuse flow requirements, click here. Attach diffuse flow documentation. 2. Stormwater Management Plan 2a. Is this an NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? * El Yes 0 No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? * ❑ Yes 0 No To look up low density requirements, click here: http://reports.oah.state. nc. us/ncac/title%2015a%20-%20environmenta1%20guality/chapter%2002%20- %20environmental%20management/subchapter%20h/15a%20ncac%2002h%20.1003.pdf 2c. Does this project have a stormwater management plan (SMP) 0 Yes ElNo reviewed and approved under a state stormwater program or state - approved local government stormwater program? * ❑ n/a — project disturbs < 1 acre Note: Projects that have vested rights, exemptions, or grandfathering from state or locally implemented stormwater programs or projects that satisfy state or locally -implemented stormwater programs through use of community in -lieu programs should answer "no" to this question. 2d. Which of the following stormwater management program(s) apply? 0 Local Government (Check all that apply.)* ❑ State If you have local government approval, please include the SMP on their overall impact map. Local Government Stormwater Programs * 0 Phase II ❑ USMP ❑ NSW ❑ Water Supply Page 15 of 20 PCN Form Version 4.3- December 4, 2023 Please identify which local government stormwater program you are using. City of Hickory State Stormwater Programs * ❑ Phase II ❑ HQW or ORW ❑ Coastal Counties ❑ Other Comments: Click to enter. Page 16 of 20 PCN Form Version 4.3- December 4, 2023 G. Supplementary Information 1. Environmental Documentation 1a. Does the project involve an expenditure of public (federal/state/local) ❑ Yes ❑x No funds or the use of public (federal/state) land? 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State (North Carolina) Environmental El Yes El No Policy Act (NEPA/SEPA)? 1 c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the ❑ Yes ❑ No NEPA or SEPA final approval letter.) Comments: Click to enter. 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), Federally Non -Jurisdictional Wetlands /Classified Surface Waters ❑ Yes ❑x No (15A NCAC 2H. 1400) DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. If you answered "yes" to the above question, provide an explanation of the violation(s): ACK to enter. 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 ❑ Yes ❑x No downstream water quality? 3b. If you answered "no", provide a short narrative description: No additional phases are proposed 3c. If yes, provide a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWR policy. (Attach .pdf) 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project? 1 ® Yes ❑ No ❑ N/A 4b. If yes, 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. Wastewater generated on the site will be transported to the nearest treatment facility via sewerlines. Page 17 of 20 PCN Form Version 4.3- December 4, 2023 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected ® Yes ❑ No species or habitat? (IPAC weblink: https://www.fws.gov/ipac/ ffws.govl) 5b. Have you checked with the USFWS concerning Endangered Species ® Yes ❑ No Act impacts? 5c. If yes, indicate the USFWS Field Office you have contacted. Asheville 5d. Is another federal agency involved? ❑ Yes ❑x No ❑ Unknown If yes, which federal agency? 1-11UN Lo enter. 5e. Is this a DOT project located within Divisions 1-8? ❑ Yes ❑x No 5f. Will you cut any trees in order to conduct the work in waters of the U.S.? * ® Yes ❑ No 5g. Does this project involve bridge maintenance or removal? * ❑ Yes ❑x No 5g1. If yes, have you inspected the bridge for signs of bat use such as staining, guano, bats, etc.? Representative photos of signs of bat use ❑ Yes ❑ No can be found in the NLEB SLOPES, Appendix F, pages 3-7. Representative photos of signs of bat use can be found in the NLEB SLOPES, Appendix F, pages 3-7. Link to NLEB SLOPES document: http://saw-reg.usace.army.mil/NLEB/1-30-17-signed NLEB-SLOPES&apps.pdf If you answered yes to 5g1, did you discover any signs of bat use? * ❑ Yes ❑ No ❑ Unknown If yes, please show the location of the bridge on the permit drawings/ project plans 5h. Does this project involve the construction/ installation of a wind turbine(s)? ❑ Yes ❑x No If yes, please show the location of the wind turbine(s) on the permit drawings/ project plans (attach .pdf) 5i. Does this project involve blasting and /or other percussive activities that will be conducted by machines, such as jackhammers, ❑ Yes ❑x No mechanized pile drivers, etc.? If yes, please provide details to include type of percussive activity, purpose, duration, and specific location of this activity on the property (attach .pdf) 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? A threatened and endangered species assessment was conducted in which no species were identified. Habitat may occur for the Tricolored bat but the project is except as described in the attached T&E report. A request for concurrence has been submitted to USFWS and is included within this package. Attach consultation documentation. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat? ❑ Yes ❑x No Is there submerged aquatic vegetation (SAV) around the project vicinity? El Yes ❑x No El Unknown Page 18 of 20 PCN Form Version 4.3- December 4, 2023 Will this project affect submerged aquatic vegetation? * ❑Yes ❑x No ❑ Unknown Explain: Click to enter. 6b. What data source(s) did you use to determine whether your site would impact Essential Fish Habitat? No Essential Fish Habitat within this region - https://www.habitat.noaa.gov/apps/efhmapper/?page=page_7 7. Historic or Prehistoric Cultural Resources (Corps Requirement) Link to the State Historic Preservation Office Historic Properties Map (does not include archaeological data): http://gis. ncdcr.,qov/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 ❑ Yes ❑x No properties significant in North Carolina history and archaeology)? 7b. What data source(s) did you use to determine whether your site would impact historic or archeological resources? * SHPO's website: https://nc.maps.arcgis.com/ Report from R.S. Webb and Associates 7c. Attach historic or prehistoric documentation. 8. Flood Zone Designation (Corps Requirement) Link to the FEMA Floodplain Maps: https:Hmsc.fema.,qov/portal/search 8a. Will this project occur in a FEMA-designated 100-year floodplain? * ® Yes ❑ No 8b. If yes, explain how the project meets FEMA requirements. No Proposed Net Grading/Fill within the FEMA Floodplain 8c. What source(s) did you use to make the floodplain determination? www.fema.gov https:Hgis.catawbacountync.gov H. Miscellaneous Comments: Click to enter. Attach pertinent documentation or attachments not previously requested Page 19 of 20 PCN Form Version 4.3- December 4, 2023 I. Signature * ❑x By checking the box and signing below, I, as the project proponent, certify to the following: • The project proponent hereby certifies that all information contained herein is true, accurate, and complete, to the best of my knowledge and belief; • 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; • The project proponent hereby agrees 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'); • The project proponent hereby agrees to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act'); • The project proponent hereby understands that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND • As the project proponent, I intend to electronically sign and submit the PCN/online form. Full Name: * Daniel Kuefler Signature: Date: * 4/18/2024 Page 20 of 20 PCN Form Version 4.3- December 4, 2023 ROY COOPER Governor ELIZABETH S. BISER Secretary MARC RECKTENWALD Director Bridget McClellan Fiorenza Properties 118 E. Kingston Ave. Suite 16 Charlotte, NC 28203 Project: Blueberry Farms NORTH CAROLINA Environmental Quality March 4, 2024 Expiration of Acceptance: 9/4/2024 County: Catawba 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 278 Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The mitigation will be performed in accordance with the In -Lieu Fee Program instrument dated July 28, 2010. Thank you for your interest in the DMS in -lieu fee mitigation program. If you have any questions or need additional information, please contact Kelly.Williams@deq.nc.gov. Sincerely, Kelly B. Williams In -Lieu Fee Program Coordinator cc: Daniel Kuefler, agent North Carolina Department of Environmental Quality I Division of Mitigation Services 217 West Jones Street 1 1652 Mail Service Center I Raleigh, North Carolina 27699-1652 h(h�TH :.AROI iRA IV o �nmmmenni w�a 919,707,8976 WEPG Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. Agent Authorization Letter The purpose of this form is to authorize our firm to act on your behalf in matters related to aquatic resource (i.e. stream/wetlands) identification/mapping and regulatory permitting. The undersigned, who are either registered property owners or legally authorized to conduct due diligence activities on the property as identified below, do hereby authorize associates of Leonard S. Rindner, PLLC, Wetlands and Environmental Planning Group (WEPG) to act on my behalf and take all actions necessary for the processing, issuance, and acceptance of applicable permit(s) and/or certification(s). Proj ect/Site Name: Catawba Valley Property Address: 362 Catawba Valley Blvd SE, Hickory, NC 28602 Parcel Identification Number (PIN): 370112755345, 370108875621, 370108789470, 370108775545, 370111666796,370112877400,370112875316 Select one: I am an interested buyer/seller Name: Bridget McClellan Company: Fiorenza Mailing Address: 118 E Kingston Ave Ste 16 Charlotte, NC 28203 Telephone Number: 704-649-6601 Electronic Mail Address: bridget@byfiorenza.com �V—L— 08/21/23 Property Owner / Interested Buyer* / Other" Date * The Interested Buyer/Other acknowledges that an agreement and/or formal contract to purchase and/or conduct due diligence activities exists between the current property owner and the signatory of this authorization in cases where the property is not owned by the signatory. Charlotte Office: www.wetlands-epg.com Asheville Office: 10612-D Providence Rd. 1070 Tunnel Rd., Bldg. PMB 550 Suite 10, PM 283 Charlotte, NC 28277 Asheville, NC 28805 (704)904-2277 len. rindner@wetlands-epg.com Adjacent Property Owner Mailing List Applicant Name: Fiorenza Project Name: Blueberry Farms Pronertv Owner Name Mailine Address PO BOX 2862 AFRICAN METHODIST HICKORY, NC 28603-2862 EPISCOPAL ZION CH TRS 2414 SUNRISE DR WOZNICK NANCY ANNE LFI HICKORY, NC 28602-8715 1974 6TH ST SE SWANSON LOUISE MAXINE HICKORY, NC 28602-9634 539 20TH AVE SE BARBOUR WILSON L HICKORY, NC 28602-9603 527 20TH AVE SE MCNULTY THOMAS A HICKORY, NC 28602-9603 521 20TH AVE SE CONNELLY ROBERT HICKORY, NC 28602-9603 LARRY 85 20TH AVE SE SHEPHERD SHAWN A HICKORY, NC 28602-9603 PO BOX 36 GIBSON RANDY G ICARD, NC 28666-0036 522 20TH AVE SE UNDERWOOD TROY HICKORY, NC 28602-9603 DOUGLAS 532 20TH AVE SE GARZA LAURA PATRICIA HICKORY, NC 28602-9603 763 HICKORY AIRPORT RD SMITH ROY WILLIAM HICKORY, NC 28601-7282 2026 6TH ST SE BARGER PEGGY HICKORY, NC 28602-9602 STAFFORD Adjacent Property Owner Mailing List Applicant Name: Fiorenza Project Name: Blueberry Farms Pronertv Owner Name Mailine Address PO BOX 98 HEALING SPRINGS HICKORY, NC 28603-0098 CHURCHINC 2026 6TH ST SE BARGER PEGGY HICKORY, NC 28602-9602 STAFFORD 1624 15TH ST NE LAIL DONALD EDWARD HICKORY, NC 28601-2841 2136 6TH ST SE TERRY MIKE R HICKORY, NC 28602-9635 BARGER JOHN LEE 2204 6TH ST SE HICKORY, NC28602-9636 PO BOX 398 CITY OF HICKORY HICKORY, NC 28603-0398 5230 RED FOX TRL WOOD DONNA LEE CONNELYS SPRINGS, NC 28612-8152 2140 ROBINSON RD CLINES DAIRY INC NEWTON, NC 28658-8543 PO BOX 9206 CAROLINA SOLVENTS HICKORY, NC 28603-9206 2210 3RD ST PL SE DEPAZ FEDERICO ADRIAN HICKORY, NC 28602-9607 2110 3RD ST PL SE EVANS ROSE ANN HICKORY, NC 28602-9662 2110 3RD ST PL SE EVANS HENRY CLAY HICKORY, NC 28602-9662 Adjacent Property Owner Mailing List Applicant Name: Fiorenza Project Name: Blueberry Farms Property Owner Name Mailing Address CARPENTER LORETTA EVANS 2110 3RD ST PL SE HICKORY, NC 28602-9662 MORRISON T MAE 250 CATAWBA VALLEY BLVD HICKORY, NC 28602-9629 CID SANTOS DEL 630 23RD ST CIR NE HICKORY, NC 28601-8118 CHEEK ROBBIN C 320 CATAWBA VALLEY BLVD HICKORY, NC 28602-9654 WEAVER M I KI C 1666 DICKINSON RD HICKORY, NC 26602-9002 N _05 N Q 05 10 Maps/Plans ej E $ k \ CL In _\ � 2 7 2 f � 4 « § a k � q� 3 % �z 3 u / (> g§ w Id IS @°c °» t :. 2 I_ ` S ƒ \ % r % \ \ co-_ c �z e o. / / 0{ I 0 E 0 ® «+® - 11 / 7 ƒ a r9® - % � rE# � .0 < %% # � m � q g u 5x y CO + \ nW %7c 2/ C 'o \ f 5 / § Cr § i w � S / / > 2 L m 2 ) / k m Q \ � _ � ƒ \ z � 2 \ LLa- LLI ~ 2ja § oo _ ���■� � I 7 G � I / o j Ln § . ± q o § � _ eq w j a� 2 J { § § % § k ± 00 S § E 2 \ @ — w - q 2 ^ en} u a 2 � § / § / c = 2 « o a - �& 2 ®k & �, 2 / LM / LU 7 / j / § § a 2 4 z p F- Cr 7 - § - § v m / \ } LLI z a w § S d k \ } k \ v / % 2 l w. co « o §\ k C % z® ® 00 T / _ « LM J u00 $ J i p j u 2 LM . f k k o 00 en&z z u 2 % § 2 m § � § � = o ® § i _-. \ a m N 2 {0 " -- 0 — > / a- LL � S a- (D 2 ¥ § / C_ k E u . § > 6 Ladi§ § \ LU s m \ . •i �� ■ ul vo 1p- y po4fEz I en +,,• � � E o 2 a m w L b vi G O1 -o A � v � � � J LA- Y \ A QL W Ll1 m N w ti a N N (,} - cm Ludi 2 LL Q rl O N O r W 40 w IL I'r � 7 f+a LIj _ m 4 w ti fps ee 'a L) u a m m N a CIOi_ a N� ri c Y w L # ' s Ko •' � c K C7 • r W C S f W � O O G [3 ; Cr w = im t� I6 o !�jj • 4.. � m � z oc N Q W l 1 LLI J O = O m- ~ °� ZELL c j U ma Z en fE '�� i {L to w C7 a j 3 W Ln • {� =Q U CO �C tw N.{L clj t' a � Q c O Q a h u M \ J �■ K _0 _0 4J +�+ i C 0 0 O O LL ti N 4! 41 Q Q O a 0 Q O r' r wi mg t Gp t 4 d? 0-O 0 N (.0N a In a 4J O o If ^ N a Ln O In N i -- E E E ff L 0- O O O N 0 0 a N LL IN -0 -0 -0 Ln o > uj Q [0 [0 [0 C Q a)Q L uj . C � u �1 C > rorororo > > ro co v > I3 `. p C7 C7 C7 -0 ro Lj i 0 O U + Q L10 O vi O vi O vi vOi vi vOi vi 10O 4' � -Yp f6 ro ro ro U su . cn 4� ro L1 { CN7 IN r U - • • v D ■ .` n, I Q co m on U on w on U IIQ Ap fo N m w o a " m w 3 - JAAVS) SNOI LI4NO i�69LT0 £ZOZ D JNIlSIX3 m yNj m H—N MONN IH SW2iVj mdd3a3ma iu, g�pl'gtE'bOt XHf 0098'Z09'tOt l31 ZOZSZJN'apol�ey�� OSZ a�ln57aa��5 peaya�oW ]se30i9 3JIJ1031101NtlHJ sn�o H�AOnHl asns�H�n No�s�n not •• . • • _ O vo O I •o 3H11tl 03,_dd —/A— S]Hl e s -55 z i £8 aHN 0 o N 0 ry \ O `,`lllplplllb o o w Q W n U) % :y 0 ��4b > Olu Ip wF U U z w 6TH STREET SE r 0 0 U r D A z Q LL > U z m r o w0 _lei,w o v 3 \ /� \ {✓ a ¢� w� z� �oU z¢ o+ O LU OsU w ro �o ��a -0 U)o o �� l/,�\r .A w z � w z< U w o Q a gr o° z a oo /, J 1 d/ /� 2 m 'O Q Q 1 �� w �I w QM Qo �1 O°°°ouCP b°80 / /e U)2 x �� �� �R wo \ \\ °OO oO o° o� z� �� wo �A\A� ° 9°9 P. w m w w z� " o z z °0 6 I _ FC, 1, w o — ¢M zv °o �e ww <� z O U) w wo w o �� O w �B w� wU) w O rn �4V� �� a e� �� O> J w� oQ C, I F� U) QN Qm 0. 62'°8°0 I 10 w �z F� z� wo wo°9°0m°® d z Orn F? z I I I m U w Q w o 8 0w Oz Q z z �eusow eNomH A, I N, I e.p --—lip ewuixe 1ged,l ewsso.­­d,l e,i.... 60 agoen,q,, —ggq6 gao �cs 19L Uva �F U U d a..m �.�., w., m,a,o. ��.wo,.8ot„^;a"w".' wot.°;6odo"�.o w�fo:;;; Qom; .°�-,-,Z- 3 (69LTO-£ZOZ-AAVS) S-LDVdWI -nVf JIAO a m i %NI�ObKJ H-N MONN IH o,�d,a13allos,�3a �da f Swwj mdd3a3ma ° w w C, wz 0 OF w LL r 6TH STREET SE PAV 16 z w I z o w w� z0 p fq fnz D w U u u u- o v u u u- �m CU CL C o o ri N o ri m N E E E E E E C . 0 O > on j 0 O °n o uD O C U Zo U v ° `o u u ° `o u c u E E `m `o E E E `m `o a w o a w o wF U U LLm0 Oww Fxa 200 C LL J — u5 z z 0 0 I �Z20 I I n M T-7 x 11 w / 0 w H �a w o z z ww FN w >W 0 0¢ O w a J 0 w w a U) w x v z z I I I I ie45oW eryoo�P Rq WH Ib Zl bZO.../C....... i 0 0 a�Q�a a� co - ow Nq U CL 19 O O Lo 11 \ ji op ` \\\\\\\\1111111 P o o n . w •: co u m O m _ Q. V 1 Q M Z W E E o E =Ulm V vc Z z .y.o?'� '�'.� c �'.�d . .'�\ o E o �. i.... .\� F a F E � F \, IIIh4uun \\\\\\ £8 aHN mmft e 8i o ° o Z w w °O/ lam\ oe°\° °o °° o w e °o �z a ® 0zw / /� zw 0 0 o 2<m0 °00 °��8°O0 0, J~O 0 °p OD 9 °9 .P,o � e 0 °o 9 I z °o 0 O A I I B U Q wI xw 8°9°0m°® 0, O�n D 8 I m OLij F O I Q w °8 I le 3o w,,j,,loedwl6wsso.7 weed]q-60l[TbZOZNiQWxH]ee4S944CT(7-0A.11, O Q egme]e,-oQQ oP > �(69LT0-£Z0Z-MVS) 3HId02dd �T JNISS021O �WVD'dis a m i %N I�ObKJ H—N MONN IH f swwj mdd3igma ° ZS9T-J'ON 3SN3OIl VNIl0'dVO HildON iu, gZpl'g3XHf 009p'Z09'tOt l31 •• • d n 0 21 J S N O W W I 1 ZOZSZ JN 'apol+eye OSZ alln5 7aa�15 peaya�oW ]sea OI9 3JIJ10 31101 101NtlHJ sn�o H�AOnHl asns�H�n NO�sln not 3H11tl 032_dd —/A— SHl •o o . V N O ?..... .p6''% J M Q7tn QM Z•. W r O W CO ,,/0/'qu co W LL o o a O Ln O Ln O Ln O Ln O Ln O Ln .0 .0 O O Ln Ln V V Cl) O O O O O O O O O O o) ¢ z O Q m LL 1 } C W Y z r zm l y l (� W m < ¢C,W OFF (n¢�m C'J m (7 W J W m m aU oQ0 wF m 0 a0 w amw a?m(n mz / m t m 0 9'Z£6 o (D C, L C_ W C) - £Z bL6 £'9£6 0 m oar / 0o�ro o N 66 6L6 9'L£6 z 2 69 lL6 w u) 6'L£6 o oor� w m m \ w � 00 J w _ / 0 0 a z� 6OG6 0 m o a a w zo a ?w ¢m w m Ln o Ln o Ln o Ln o Ln / o oo) oo) o) o) o) rn rn rn o)rn w 9z m FzO O Q�Q u) cl w w¢�W z o0o wwwmm a (; w z m F rn 00 N 0 0 0 O Lo 0 rn rn w 3 (69LT0a£Z0ZeMVS) NOLLDDS SS021J T ONISSOdD WVDd-LSs� Oz MVP% iz %NI o--10N Ab —H m yNj y� SW2yj mddi i 3ni9 ° ZS9T-J'ON 3SN33Il VNIIOIID HilON iu, gZp 0 31101 XHf 009p'Z09'tOt l31 •• • d n 0 21 J S N O W W I 1 ZOZSZ JN 'apol+eye � OSZ a�ln5 7aa��5 peaya�oW ]sea OI9 3JIJ10 31101NtlHJ sn�o H�AOnHl asns�H�n NO�s�n not 3H11tl 032—dd —/A— SI, •� � � F z v 0 O Lu _ Q.In QM Zw _ c0 Q �U?� U v =•'Iy3� U) LU 0 0 O a o O z U 1>1 v = � m m F m Z 0 — O x 0 > gFzz Ln O 0 O 0 O 0 O 0 O 0 O .0 .0 O O Ln Ln V V M M O O O O O O O O O O O O O £l 8L6 0 t N mw mw 3 )M3InNV-ldZJ m i69LT0 £ZOZ Mt/S NISS02i� Wtf32ilS _ f i dNnoavo H—N MON— m � swwj mdd3igma ° ZS9T-J'ON 3SN3OIl VNIl0'dVO H12iON gZpl'g31101 XHf 009p'Z09'tOt l31 •• • d n 0 21 J S N O W W I 1 ZOZSZ JN 'apol+eye OSZ alln5 7aa�15 peaya�oW ]sea OI9 3JIJ1031101NtlHJ snno H�AOnHl asns�H�n NOIsln not 3H11tl 032_dd —/A— S]Hl •� � Q J Q J Q J co c-I I, O In O Uf O .6 O ri O Ln O N O N O 'D ti w V V V a a a E E E 0 Vv� O N O O > O O O i V z c v 0 V K E E E d Q E N H z O v 0 O Co W N QJN QW =_LU O �i .... •�.� ,`� ,Qti ,,1 411A .. \\\\\\ O de45oNl."', Aq I N, O,"bZ o,","p."I, 16.p s .,-1 di d wl 6ulssod7 w­­dwl6ulssod7we­ - N m w m w 3 - - VS) V3�I3021d ZaONIS �69LT0 £ZOZ�M V M S02J0 WV32llS i _ i dNnoavo H—N MON— f swwj mdd3igma ° ZS9T-J'ON 3SN3OIl VNI O0 JVO Hi'dON 9ZpT'gtE'bOt/A SS98'Z09'tSt l31 •• • d o 021 J S N O W W I1 ZSZSZ JN 'apol+eye iaa��5 peaya�oW ]sea SI9 3JIJA0 3111101NtlHJ sn�o H�f10nH1 asns�H�n NOIs�n not 3H1 1tl 032'tld3Nd 9NIIAYtld S]H1 •��so o LN O J 0 L11 J_ LL 0 LY o a co 0 O Ln o Ln o Ln o Ln M M M M M M M M O rn O N O W m O W 0'Zm m 0 ,O�O z ¢ O¢ W U Q m Q p a p� p W z(9 _ z J z FF W W �Y fD (� O W G' 0zwm 0 C, am ¢_p a?�wm a� L 0U) U r_ a rm0 C L co lb LL6 £'Z96 "J 11 l£ 996 @j w 6'£96 w ¢ ¢ Ir O m o z 7 ? ZZ 9L6 p O'996 O r U) X O aF W a a � C, O z7 z 0 zwo a Gt96 QCm Fm w0 mF O Ln O Ln O 0) D) 0) D) 0) M M M W �(7p m u) z W 0 �m u) 2 u) F X w p z �Ou) w az z D + V D D D O O O M a a `lllppllnq Qiv Q� 6-1= Oz iz m w 3 (69LT0a£Z0ZeMVS) NOLLDDS SSO'dD Z ONISSOdD WVDd-LSs MVP% m yNj ° y %NI o--10N Ab —H SW2yj mddi i 3ni9 ZS9T-J'ON 3SN33Il VNIIOIID HilON iu, g/p 0 31101 XHf 0096'Z09'tOt l31 ZOZSZ JN 'apol�ey� OSZ a�ln5 7aa��5 peaya�oW ]sea 0i9 3JIJ1031101NtlHJ sn�o H�AOnHl asns�H�n NO�s�n not •• . • • _ •ee O MD O I 3H11tl 032—dd —/A— £H1 s F Z V O � _U?� U1a �•:W_ a ZO J U > Q C) U) W J_ LL 0 (Y (D oa 0 0 iL£HW)£b0861f10 /�NI rn 0 rn LD 0 0) 0) LD rn 0 LD 0 LD 0 rn rn rn rn LD 0 (6£HW) £9 026 NI ANI b0 686 o Lo 8£HW 0 0 (9£HW) 66 9Z6 inn ANI (9£HW) 66 ZZ6 NI ANI 9Z 926 dOi L£HW 0 v (9£HW) 9Z 9Z6 inn ANI W'HW) 9b5L6 NI ANI 80 b86 dOi 9£HW o 0 rn rn 0) 0) rn O'8L6 c6 rn rn rn rn rn d.gsoW.h—g Aq Hd Lt ZL tZoZ/0/£ uo pe6old 6mp i33Hs S10edwl 6uis—o—;StspO dwl 6uis-3 —4S-60 LGtbZOZUIQIgx�aeeyS`JMOdiHH) A-11PA eq—;a 3-OSS6S tO L\S w 0 ¢ _ w L'£86 w (7 o ¢ � � 6l L86 o � z = 6LL6 U' Y a \ w Z � S l 986 z wo � Z 696 o� \ 00 z � \ Q g a0 O \ o a � \ � Ob S86 a�O U S9 b86 N v 9'bL6 06 £86 w 3 (69LT0JH£Z0Z AAVS) M3In NV-ldJ£ieJNISSO2JD VAVIIi s z�Vc% iz f swwj mdd3igma ° ZS9T-J'ON 3SN3OIl VNIl0'dVO HildON 1-1 IN Z gZ01'g31101 XHf 0099'Z09'tOt l31 •• • d n 0 21 J S N O W W I 1 'apol+eye OSalln57aap5 peaya�°W ]sea OI9 3JIJ1031101NtlHJ snno H�AOnHl asns�H�n NOI11n not 3H11tl_3 d--/A—S]Hl •��� O -8OVN o ` 111111111111111 1��'' \ Lu co O -_- , _ - - - _- _ _ ✓��/ I i l / 199s zw �.,Z o V � o —z-ziy0 rn uy--'' 099 °q°2 / 1 _ f � ` /V LL, eq de45oNl."', Aq I NI,""bZOZ/Q/C"pepolri 16.p s ., uel d,,Ndwl 6ulssod7 wee�]�,�s]eedwl6ulssod7weep,,- •..(09LTOa£ZOZOMVS)V3-lId021d ,a Oz iz a m w m f 3 i £•ONISSO'dD WV32llS MVP% m %NI 0— H—N MONN IH swdvi mdd3igma ZS9T-J'ON 3SN3OIl VNIl0'dVO HildON g/p/'g31101 XHf 009p'Z09'tOt l31 1-1 JN'apol�ey�� OSZ a�ln57aa��5 peaya�oW ]se30i9 3JIJ1031101NtlHJ snOO H�—i asns�H�n NOI11A 1— •• . • • _ O •� O I 3H11tl 032_dd —/A— SHl � � co Z p V•o�P`.....��•��: `Ocn To a M W CD S nuul pl\\\ a $ 0 W J r U Z U) U_ L J_ Ll 0 (Y 0 o a 0 LLo Lo W W V W W M W m M W 0 Ln N 0 Z � a m w m f 3 i (69LT0-CZ0Z-AAVS) NOLLDIS SSO2JD £ JNISSO2JD VAVI2J18'J m yNj m %NI 0- H-N MONN IH swdvi mdd3igma ZS9T-J'ON 3SN3OIl VNIl0'dVO HildON g/p. 31101 XHf 009p'Z09'tOt l31 ZOZSZ IN 'apol+eye OSZ alln5 7aa�15 peaya�oW ]sea OI9 3JIJ10 31101NtlHJ sn�o H��OnHl asns�H�n NO�sln not •• . • •�� • _ O O I 3H1 1tl 032'tld3Nd 9NIIAYtlO S]H1 ITI IT $° F z N �, % co �� \o�P J•M SLU yeti d \��; `�, u J���,'„l/llll 111 \\\\\\ U > LL O O CY o Lo .00) o Lo 0 o o a 0 Lo o Lo o Lo rn ri M 0 M O N c. 0 0 co O o n I� O o O n o o o n o o oOLfB o V V M M N �.gsoW.h—g Rq I Hd Et ZL tZoZ/9/£ uo pe6old 16mp 133HS S10edwl 6ui —o wN.;SI,pNdwl 6ui —3 wN-4S-60 LGtbZ6ZUIQIgx�aeeyS`JMOZiHH) RelleN Nq.N;N3-gSS61,t0kS L 898 z 0 9'998 _ O o � \ wF p rnx _ � w0 ¢ � ¢ - w a d'l9S i9HW)£L0 81f10 /�NI V W W � W i9HW)L69b9 NI /�NI � mm S LS8 d01 LH W Z 9S8 Wt- i � Z amU fad 1N3O Wb3al �\ _ �QF � w� £8i8 3NIla w O Q W �� N Nzo �O aw rna iSHW)£6 b81f10 /�NI LHW £ObBNI/�NI 9�098 £9 LS8 d01 �w �z w 0 9HW v z0 O .4-j co .E w jurisdictional Determination Information DEPARTMENT OF THE ARMY U.S. ARMY CORPS OF ENGINEERS, WILMINGTON DISTRICT CHARLOTTE REGULATORY OFFICE 8430 UNIVERSITY EXECUTIVE PARK DRIVE, SUITE 615 CHARLOTTE NORTH CAROLINA 28262 September 5, 2023 Regulatory Program/Division Bridget McClellan Fiorenza 118 E Kingston Ave Suite 16 Charlotte, NC 28203 Via Email: bridget@byfiorenza.com Dear Ms. McClellan: This letter is in response to your request to the Wilmington District, Charlotte Regulatory Office for a preliminary jurisdictional determination (PJD). The project/review area is located at 362 Catawba Valley BLVD SE , at Latitude 35.701200 and Longitude -81.328400-1 in Hickory, Catawba County, North Carolina. The review area for this determination is limited to an approximately 152.67 acre(s) area (optional: comprised of Seven (7) parcels (parcel numbers: 370112755345, 370108875621, 370108789470, 370108775545, 370111666796, 370112877400, 370112875316)), which is illustrated on the enclosed site maps. This project has been assigned SAW-2023-01769 (Catawba Valley- Catawba). This file number should be referenced in all correspondence concerning this project. Based on our review of the information you furnished, a site inspection conducted on Desktop Delineation, and other information available to our office, we have preliminarily determined the above -referenced area may contain approximately 6,869 Linear Feet of Stream, and 2.652 acres of wetlands waters of the United States under the U.S. Army Corps of Engineers (Corps) regulatory jurisdiction. These waters are identified in the enclosed site maps, Catawba Valley dated August 23, 2023, and include See table below . This determination was made in accordance with the Corps regulatory authority pursuant to Section 404 of the Clean Water Act, and based upon criteria contained in the 1987 Corps of Engineers Wetland Delineation Manual and the Eastern Mountains and Piedmont regional supplement. Section 404 of the Clean Water Act requires a Department of the Army (DA) permit be obtained prior to the discharge of dredged or fill material into waters of the United States, including wetlands. Section 10 of the Rivers and Harbors Act of 1899 requires a DA permit be obtained for any work in, on, over or under navigable waters of the United States. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made based on a preliminary jurisdictional determination will treat all waters including wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved jurisdictional determination, which is an appealable action, by contacting the Corps district for further instructions. Please sign and return the attached PJD form within 30 days of receipt. If a signed PJD form is not received within 30 days of the date of this letter, the Corps will presume concurrence. This determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the review area identified in this request. The determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. You are cautioned that work performed in areas which may be waters of the United States, as indicated in the preliminary JD, without a Department of the Army permit could subject you to enforcement action. If you have any questions concerning this correspondence, please contact Krystynka Stygar, Regulatory Program Manager of the Charlotte Regulatory Office at 252-545- 0507, by mail at the above address, or by email at krystynka.b.stygar@usace.army.mil . Please take a moment to complete our customer satisfaction survey located at https-//regu latory.ops. usace.army. m it/customer-service-survey/. Sincerely, Krystynka Stygar Regulatory Program Manager Enclosures cc: Daniel Kuefler Wetlands and Environmental Planning Group (via Daniel. kuefler@wetlands-epg.com ) PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: 9/5/2023 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Bridget McClellan, 118 E Kingston Ave Suite 16, Charlotte, NC 28203 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington, Catawba Valley- Catawba, SAW-2023-01769 D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION The project/review area is located on the NSEW side of ROADWAY, XX miles/feet NSEW of the intersection of ROADWAY and ROADWAY:. OR ADDRESS (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: North Carolina County: Catawba City: Hickory Center coordinates of site (lat/long in degree decimal format): Latitude: 35.701200 Longitude:-81.328400 Universal Transverse Mercator: Name of nearest waterbody: Henry Fork E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ® Office (Desk) Determination. Date: 9/5/2023 ® Field Determination. Date(s): Desktop Delineation TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAYBE" SUBJECT TO REGULATORY JURISDICTION Site Number Latitude (decimal degrees) Longitude (decimal degrees) Estimated amount of aquatic resources in review area (acreage and linear feet, if applicable Type of aquatic resources (i.e., wetland vs. non- wetland waters) Geographic authority to which the aquatic resource "may be" subject (i.e., Section 404 or Section 10/404) Intermittent Stream A 35.7012 -81.3284 196 LF Non -wetland waters Section 404 Perennial Stream B 35.7002 -81.3289 1933 LF Non -wetland waters Section 404 Perennial Stream C 35.6987 -81.3286 512 LF Non -wetland waters Section 404 Wetland D 35.6966 -81.3313 0.869 LF Non -wetland waters Section 404 Open Water Pond DID 35.6960 -81.3317 0.51 acres Wetland Section 404 Perennial Stream E 35.6923 -81.3333 1436 LF Non -wetland waters Section 404 Intermittent Stream F 35.6981 -81.3343 144 LF Non -wetland waters Section 404 Intermittent Stream G 35.6982 -81.3347 43 LF Non -wetland waters Section 404 Perennial Stream H 35.6967 -81.3356 1187 LF Non -wetland waters Section 404 Intermittent Stream 1 35.6949 -81.3363 277 LF Non -wetland waters Section 404 Wetland J 35.6954 -81.3355 0.104 acres Wetland Section 404 Wetland K 35.6922 -81.3322 0.218 acres Wetland Section 404 Open Water Pond KK 35.6924 -81.3321 0.08 acres Wetland Section 404 Wetland L 35.6920 -81.3327 0.073 acres Wetland Section 404 Wetland M 35.6956 -81.3373 0.248 acres Wetland Section 404 Open Water Pond MM 35.6954 -81.3373 0.12 acres Wetland Section 404 Wetland N 35.6935 -81.3315 0.111 acres Wetland Section 404 Wetland 0 35.6982 -81.3312 0.186 acres Wetland Section 404 Wetland P 35.6985 -81.3295 0.031 acres Wetland Section 404 Wetland Q 35.6960 -81.3369 0.154 acres Wetland Section 404 Intermittent Stream R 35.6969 -811.3373 486 LF Non -wetland waters Section 404 Wetland S 35.6965 -81.3376 0.092 acres Wetland Section 404 Wetland T 35.6954 -81.3377 0.035 acres Wetland Section 404 Wetland U 35.6978 -81.3348 0.039 acres Wetland Section 404 Wetland V 35.6973 -811.3349 0.030 acres Wetland Section 404 Perennial Stream W 35.6951 -81.3376 46 LF Non -wetland waters Section 404 Henry Fork 35.6908 -81.3342 609 LF Non -wetland waters Section 404 I . The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an approved JD (AJD) for that review area based on an informed decision after having discussed the various types of JDs and their characteristics and circumstances when they may be appropriate. 2. In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre- construction notification" (PCN), or requests verification for a non -reporting NWP or other general permit, and the permit applicant has not requested an AJD for the activity, the permit applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit authorization based on a PJD, which does not make an official determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an AJD could possibly result in less compensatory mitigation being required or different special conditions; (3) the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) undertaking any activity in reliance upon the subject permit authorization without requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrative orjudicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AJD or a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it becomes appropriate to make an official determination whether geographic jurisdiction exists over aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic resources in the review area, the Corps will provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that there "may be" waters of the U.S. and/or that there "may be" navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the review area that could be affected by the proposed activity, based on the following information: SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items are included in the administrative record and are appropriately cited: ® Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Map: Catawba Valley dated 8/23/2023 ®Data sheets prepared/submitted by or on behalf of the PJD requestor. Datasheets: Fiorenza dated 8/23/2023 ❑ Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. Rationale: ❑ Data sheets prepared by the Corps: ❑ Corps navigable waters' study: CORPS STUDY LABEL dated CORPS STUDY DATE El U.S. Geological Survey Hydrologic Atlas: ❑USGS NHD data: USGS NHD LABEL dated USGS NHD DATE ❑USGS 8 and 12 digit HUC maps: USGS WBD LABEL dated USGS WBD DATE ® U.S. Geological Survey map(s). Cite scale & quad name: Catawba Valley Blvd dated 8/21/2023 ®Natural Resources Conservation Service Soil Survey. Citation: Figure 5 dated 8/21/2023 ❑ National wetlands inventory map(s). Cite name: USFWS NWI LABEL dated USFWS NWI DATE ❑ State/local wetland inventory map(s): LOCAL NWI LABEL dated LOCAL NWI DATE ❑FEMA&IRMmaps: FEMA NFHL LABEL dated FEMA NFHL DATE ®100-year Floodplain Elevation is: ELEVATION (National Geodetic Vertical Datum of 1929) Figure 6 dated 8/21/2023 ® Photographs: ®Aerial (Name & Date): Vicinity Map dated 8/21/2023 or ® Other (Name & Date): Site Photographs dated 8/23/2023 ❑Previous determination(s). File no. and date of response letter: PREVIOUS DETERMINATION LABEL dated PREVIOUS DETERMINATION DATE ® Other information (please specify): NCSAM Forms dated 8/23/2023: Parcel Map: 08/21/2023 IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for later Jurisdictional determinations. Signature and date of Regulatory staff member completing PJD Krystynka Stygar 9/5/2023 Signature and date of person requesting PJD (REQUIRED, unless obtaining the signature is impracticable)' 1 Districts may establish timeframes for requester to return signed PJD forms. If the requester does not respond within the established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action. NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: Bridget McClellan, Fiorenza File Number: SAW-2023-01769 Date: 9/5/2023 Attached is: See Section below ❑ INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A ❑ PROFFERED PERMIT (Standard Permit or Letter of permission) B ❑ PERMIT DENIAL WITHOUT PREJUDICE C ❑ PERMIT DENIAL WITH PREJUDICE D ❑ APPROVED JURISDICTIONAL DETERMINATION E ❑x PRELIMINARY JURISDICTIONAL DETERMINATION F SECTION I The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at https://www.usace.army.miI/Missions/Civil-Works/Regulatory- Program-and-Permits/appeals/ or Corps regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. -7- C. PERMIT DENIAL WITHOUT PREJUDICE: Not appealable You received a permit denial without prejudice because a required Federal, state, and/or local authorization and/or certification has been denied for activities which also require a Department of the Army permit before final action has been taken on the Army permit application. The permit denial without prejudice is not appealable. There is no prejudice to the right of the applicant to reinstate processing of the Army permit application if subsequent approval is received from the appropriate Federal, state, and/or local agency on a previously denied authorization and/or certification. D: PERMIT DENIAL WITH PREJUDICE: You may appeal the permit denial You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information for reconsideration • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice means that you accept the approved JD in its entirety and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. • RECONSIDERATION: You may request that the district engineer reconsider the approved JD by submitting new information or data to the district engineer within 60 days of the date of this notice. The district will determine whether the information submitted qualifies as new information or data that justifies reconsideration of the approved JD. A reconsideration request does not initiate the appeal process. You may submit a request for appeal to the division engineer to preserve your appeal rights while the district is determining whether the submitted information qualifies for a reconsideration. F: PRELIMINARY JURISDICTIONAL DETERMINATION: Not appealable You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also, you may provide new information for further consideration by the Corps to reevaluate the JD. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision you If you have questions regarding the appeal process, or may contact: to submit your request for appeal, you may contact: District Engineer, Wilmington Regulatory Division Philip Shannin Attn: Krystynka Stygar Regulatory Administrative Appeal Review Officer Wilmington District U.S. Army Corps of Engineers U.S. Army Corps of Engineers 8430 University Executive Park Drive, Suite 615 South Atlantic Division Charlotte, North Carolina 28262 60 Forsyth Street, Room M9 Atlanta, Georgia 30303-8801 Phone: (404) 562-5136 Email: philip.a.shannin2@usace.army.mil 91 SECTION II — REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. Use additional pages as necessary. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15-day notice of any site investigation and will have the opportunity to participate in all site investigations. in Signature of appellant or agent. Date: Email address of appellant and/or agent: Telephone number: -10- Ms N 400 MIA Z -4 ?I LLI m r4 C) r4 --Lu Ln m r4 < 0 LL r4 00 1- 0 Z LLJ -0 a.- z 0 o Lu CL t E "0 w ; 0 co ❑ q� , L 7 u r3 u k0) � 09 0 z 11 ? C, Ln C, z 14 z Lu LU co O rlr� 00 z , 9 5 M LU 9 Cr LU LU ul u _j Z z > 0 u 0 Lu Z41 u LLI -E o� 0 CL LU CL LU Ln Ln kD m LL. 'I Ln 0 Z LL LU LU Z V) C) CD LLI CL z LU 0 Z LU LL LU 9 Ln Ln cc Z 5 Ln a! tD Z LU cr LU z z LU CD a) z co -I N cc LU . LU z � CD a) LL C) o CD CY) COD a-J L O Q oC r. Threatened & Endangered Species Report Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. Threatened / Endangered / Protected Species Evaluation For: Catawba Valley Blvd Catawba County, North Carolina By: Lisa R. Gaffney Biologist Field investigation conducted during the weeks of September 11, 2023, and September 18, 2023 Charlotte Office: 10612-D Providence Rd. PMB 550 Charlotte, NC 28277 (704) 904-2277 I en. ri nd ner@wet Ian ds -epg. co m www.wetiands-epg.com Ashesrile Office: 1070 Tunnel Rd., Bldg. I Suite 10, PMB 283 Asheville, NC 28805 Catawba Valley Blvd - Threatened/ Endangered/ Protected Species Evaluation GENERAL LANDSCAPE DESCRIPTION: The Catawba Valley Blvd site (+/- 152.67 acres) is located just south of Catawba Valley Boulevard, and just southeast of 3rd St. PI SE, in Catawba County, North Carolina. It can be found on the Hickory, NC USGS Topographic Quadrangle Map; latitude is 35.6963 ON, longitude is-81.3388 °W. The topography is moderately sloped. The elevation ranges from 860 to 1030 ft. The site is comprised of abandoned farmland and wooded slopes and is disturbed throughout. (Figures 1-4). Figure 1: USGS MAP `'I NEIVRYFfi1Rlflr fit �f Q ,�. LOCATION ,A. l V Lat: 35.6963 °N N Long:-81.3388 °W USC55 QUAD r HUC: 03MDID2 Hickory, NC SCALE CATAWBA 1993 1:24,000 Preparedfor: FI ORE VA z- - I _ --- 71- CATAWBA VALLEY BLVD Catawba Co., NC USGS MAP For study purposes only- Sub?ctn USACFfNC EQ venfrmtdan �I c 1,L 4 I �• ` 1 f � � h iPR .EfiTYBOUNDARY. STUDYLIMITS k 152.6V/-. AC. 1 11�1�11�5 1-- --:r^:--- - Drawn By: Reviewed By: FIGURE BLK KKS 1 sfuf2s uaoareDIs 0 V02 j2A Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. Catawba Valley Blvd - Threatened / Endangered / Protected Species Evaluation Figure 2: VICINITY MAP lie Ho: - tii�kary Long V,ex n r" Brookford Co Community Building j Grandvievyinn Middle School q n rookford center ndr$``4e gtvaSE aget9inistri 9 Valli s cdWBw�Valy�lgktid5� g St 0argeI a PROPERTY BOUNDARY 5 SI. yeWnp q• arolt Solvents P s�nnm4 STUDY LIMITS nt P 152.67+/- AC 0. �0 1 e sa1 Foods eves of ADuntain View �CVS 7 He a` walgreensp ?/o„ 171-clt ,•- rthD rgion Rd ?� - y Sr at , Accent Limousine N i WEPG Prepared for: CATAWBA VALLEY BLVD Drawn By: Reviewed By: FIGURE Catawba Co., NC Z FIORENIA BLK KKS VICINITY MAP 8121123 Fnr study purpncQs only - .Suh�acT in 0.S,4[x/NCI]Ff] vwiFm Linn u roATE D Ksu2 ❑�'� Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. MR—m—m—u—ni =vyulldl'-g RT. Vintage -Memories, M i Ad Ife Oct) f Ba(ge' L. r� f H06lyPork Aeri al I m agery P rovided by Google maps 2024 kin a ��M Prepared for: Wedindi and Emf.v—"l PL—Ire Gr .p, Leonard S. Nnd— PLLC- FIORENZA Fm.rind—*�d-&<pgccm a . 3w i Catawba Valley Blvd - Threatened / Endangered / Protected Species Evaluation Figure 4: NRCS SOIL MAP Ycc Ar— rcnf J b'.. CnE3 ■ _.ram •C ti CnE3 ,ri• �� "r C -�.t PeE + t =f CMK' i CmB2 MRE2 r n CmD2 Cy !� PcC ?� MpE2 ' CmC2 cnf 3 LLLIII 1 �` _ `I CmB2 CM02 r• — Pcf: mem PaF C� MwK2 - HwC� �' . 7 . • POE ' 111aC? LJ Ilk , PROPERTY BOUNDARY 4n92 +� PaF ` STUDY LIMITS POF • l - M4tf2 152.67+/-AC C ... 3 } ti u` s PeE ' C pa6 HSD2 ~. a Q�'' Lc i MRC2 HSC? I 102 N NRCS Soil Survey Manuscript JCatawba County 1975 1 I ' WQ �. h� - . Cy ' CnE3 CnE3 IAR E 1 PaF PaF 1 l M:i2 nE3 6 P HsD HsC2 82 ' Mau . Cy PaF MIE2 HsC2 , aF 7 Map Unit Description Mg32 Madison Gravelly sandy loam, 2-6%slopes, eroded MgC2 Madison Gravelly sandy loam, 6-10%Aopes, eroded MgE2 Madison Gravelly sandy loam, 10.25%slopes, eroded HsD2 Hiwassee Ioam,10.15% slopes, eroded HWC2 Hiwassee Clay loam, 6-10% slopes, eroded Paf Pacolet gravelly sandy loam, 25 to 45% slopes Cy PaF PaF M6C7 CnE3 / \ CnC2 '% \ MRf 2 J CnC2 I CnE3 MRE2 CnE 1', M�E2 Prepared for: CATAWBA VALLEY BLVD Drawn By: Reviewed By: FIGURE Catawba Co., NC eGK KKs 4 FIORENZA SOIL SURVEY MANUSCRIPT MAP slA UPDATED reaKs For study purposes only -subject to vSAcE1NcDE4 wfif+cvtioo 02jpV24 Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. Catawba Valley Blvd - Threatened / Endangered / Protected Species Evaluation METHODOLOGY: The US Fish and Wildlife Service IPaC website https://ipac.ecosphere.fws.gov/location/GVPGDY5M2NEWJFQDMKJ2YLHGK4/r esources was referenced to determine the occurrence of Threatened, Endangered and Protected species for the Catawba Valley Blvd site, the results of which are listed below (Table 1). Maps and aerial photographs were assembled, and the site was investigated during the weeks of September 11, 2023, and September 18, 2023. Table 1: Threatened / Endangered / Protected Species listed for the Catawba Valley Blvd site. *Source: US Fish & Wildlife Service IPaC **Data search on September 11, 2023 Group Name Vascular Dwarf -flowered Heartleaf (Hexastylis Plants nanif/ora) Reptiles Bog turtle (Glyptemys muhlenbergii) Vertebrate Tricolored Bat (Perimyotis subf/avus) Vertebrate Bald Eagle (Haliaeetus leucocephalus) Federal Status Threatened (SA)Threatened Proposed Endangered Protected Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. Catawba Valley Blvd - Threatened / Endangered / Protected Species Evaluation SECIES DESCRIPTIONS: One plant species with federal protection is listed as potentially occurring on the Catawba Valley Blvd site: • Dwarf -flowered Heartleaf (Hexastylis nanif/ora), listed as Threatened, grows in acidic soils along bluffs and adjacent slopes, in boggy areas next to streams and creek heads, and along the slopes of nearby hillsides and ravines. Three animal species with federal protection are listed as potentially occurring on the Catawba Valley Blvd site: • Bald Eagle (Haliaeetus leucocephalus), protected by the Bald and Golden Eagle Protection Act, typically inhabits forested areas near large bodies of open water such as lakes, marshes, seacoasts, and rivers, where there are suitable fish populations and tall trees for nesting and roosting. • Bog Turtle (Glyptemys muhlenburgii), listed as Federally Threatened, lives in the mud, grass and sphagnum moss of bogs, swamps, and marshy meadows. These wetlands are usually fed by cool springs flowing slowly over the land, creating the wet, muddy soil needed by the turtles. • Tricolored Bat (Perimyotis subflavus), proposed Endangered, is often found in caves, abandoned mines, and road culverts during winter. During the spring, summer, and fall, tricolored bats are found in forested habitats where they roost in trees. Tricolored bats face extinction due primarily to the range wide impacts of white -nose syndrome, a deadly disease affecting cave -dwelling bats across the continent. RESULTS: The site is comprised of abandoned farmland and wooded slopes and is disturbed throughout. There is an old homesite and several sheds and outbuildings associated with livestock husbandry. There are numerous old fence lines, and the site is laced with gravel and dirt roads and trails. Portions of the site appear to be utilized for game hunting, and there are two small open water ponds. The southern portion of the site has been selectively timbered in the past few years. Large overgrown fields and abandoned pastureland cover much of the site. They are dominated by Fescue (Festuca spp.), and common herbs including Johnson Grass (Sorghum halepense), Sericea Lespedeza (Lespedeza cuneata), Dog Fennel (Eupatorium capillifolium), Goldenrod (Solidago spp.), Ragweed (Ambrosia artemisiifolia), Hyssop -leaved Thoroughwort (Eupatorium WEPU 401365 Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. Catawba Valley Blvd - Threatened / Endangered / Protected Species Evaluation hyssopifolium), Wingstem (Verbesina alternifolia), Broomsedge (Andropogon virginica), Partridge Pea (Chamaecrista fasciculata), (Brazilian Verbena (Verbena brasiliensis), and Bushy Beardgrass (Andropogon glomeratus). Portions of the site associated with drainage and stream corridors are covered with disturbed mixed pines and hardwoods. Tree species present include Shortleaf Pine (Pinus echinata), Tulip Poplar (Liriodendron tulipifera), Sweetgum (Liquidambar styracif/ua), White Oak (Quercus alba), Red Oak (Q. rubra), Southern Red Oak (Q. falcata), Willow Oak (Q. phellos), Mockernut Hickory (Carya tomentosa), American Beech (Fagus grandifolia), American Elm (Ulmus americans), and Black Walnut (Juglans nigra). Subcanopy species include Red Maple (Acer rubrum), American Holly (Ilex opaca), Flowering Dogwood (Corpus f/orida), Ironwood (Carpinus caroliniana), and Black Gum (Nyssa sylvatica). Shrub species present are Chinese Privet (Ligustrum sinense), Russian Olive (Elaeagnus angustifolia), Hearts -a -busting (Euonymus americanus), and Spicebush (Lindera benzoin). Vines include Chinese Wisteria (Wisteria sinensis), Periwinkle (Vinca minor), Japanese Honeysuckle (Lonicera japonica), Muscadine (Vitis rotundifolia), Catbrier (Smilax sp.), Virginia Creeper (Parthenocissus quinquefolia), and Poison Ivy (Toxicodendron radicans). The herb layer is thin and includes Christmas Fern (Polystichum acrostichoides), Violets (Viola spp.), Running Pine (Lycopodium flabelliform), and Wintergreen (Chimaphila maculata). The open water ponds have partially wooded perimeters with transitional wetland edge habitat dominated by typical emergent vegetation including Tag Alder (Alnus serrulata), Sedges (Carex spp., Cyperus spp., Scirpus spp.), Rushes (Juncus spp.), and Cattails (Typha latifolia). The roadside along Catawba Valley Boulevard is dominated by Fescue (Festuca sp.) turf grass and maintained by seasonal mowing. The roadside along 3rd St. PI SE and the transitional areas along fence lines and hedgerows include Blackberry (Rubus spp.), Groundsel (Baccharis halimifolia), Multiflora Rose (Rosa multif/ora), Trifoliate Orange (Poncirus trifoliata), Red Cedar (Juniperus virginiana), Goldenrod (Solidago sp.), Broomsedge (Andropogon virginicus), Split -beard (A. ternarius), Beggars Ticks (Desmodium sp.), Thoroughwort (Eupatorium sp.), Pokeweed (Phytolacca americans), and Tickseed (Bidens sp.). Wetlands and Environmental Planning Group Catawba Valley Blvd - Threatened / Endangered / Protected Species Evaluation Threatened & Endangered/Protected Species Results • Due to extensive past disturbance from grazing animals and the strong presence of invasive species there is little to no suitable habitat for Dwarf - flowered Heartleaf and the species was not observed on the site. • No suitable habitat exists on the site for Bald Eagles, and there were no sightings nor were any nesting sites observed. • No suitable habitat exists on the site for Bog Turtle and the species was not observed on the site. • Guidance from the USFWS Asheville office as of the report date indicates no action is required under section 7 of the Endangered Species Act for the Tricolored Bat (Perimyotis subf/avus). RECOMMENDATIONS: Based on the site investigation and the review of available data, WEPG did not identify any protected species occurring on the subject property. No further investigation of the presence of protected species on this site is recommended at this time. Respectfully submitted, 4'e, 1*e�l Lisa R. Gaffney Biologist September 20, 2023 Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. Catawba Valley Blvd - Threatened / Endangered / Protected Species Evaluation Curriculum Vitae for: Lisa R. Gaffney Biologist/ Botanist B.S. Biology, University of North Carolina at Charlotte Ms. Gaffney is a classically trained botanist and natural resource biologist and has conducted field work and investigative studies covering thousands of cumulative acres in both North and South Carolina since 1996, including: • Cabarrus County NC Natural Heritage Inventory. Organized, directed, and conducted field survey of natural areas in Cabarrus County for the North Carolina Natural Heritage Program. • Lincoln County NC Natural Heritage Inventory. Organized, directed, and conducted field survey of natural areas in Lincoln County for the North Carolina Natural Heritage Program. • Threatened and Endangered Species Surveys and Natural Communities Evaluation for over 75,000 acres in North and South Carolina, 1996 - present. • Located and identified numerous previously unreported populations of Federally Endangered Schweinitz's Sunflower (Helianthus schweinitzii). • Located and identified numerous previously unreported populations of Threatened Dwarf Heartleaf (Hexastylis nanif/ora). • Found Schweinitz's Sunflower at Redlair Farm in Gaston County, NC. This discovery led (in part) to the purchase of the site by the State of North Carolina Plant Conservation Program, now called Redlair Preserve. This population has become a Recovery Site for the species. • Participated in numerous Piedmont Prairie restoration projects in Mecklenburg, Union, Cabarrus and Gaston Counties, North Carolina. WEPG#01365 10 Wetlands and Environmental Planning Group 1/10/24, 12:25 PM Leonard S. Rindner, PLLC Mail - USFWS Project Code 2024-0026958 - WEPG#01365 - Blueberry Farms Lisa Gaffney <lisa.gaffney@wetlands-epg.com> USFWS Project Code 2024-0026958 - WEPG#01365 - Blueberry Farms Hamstead, Byron A <byron_hamstead@fws.gov> To: Lisa Gaffney <lisa.gaffney@wetlands-epg.com> Thanks Lisa, Wed, Jan 10, 2024 at 12:18 PM No need to update your Biological Evaluation. We offer the following comments/concurrence pursuant to Section 7 of the Endangered Species Act (ESA): Based on the information provided in your biological evaluation (BE), low quality suitable habitat for the federally threatened dwarf -flowered heartleaf (Hexastylis naniflora) occurs within the proposed action area. Multiple known occurrences of dwarf -flowered heartleaf exist adjacent to the proposed action area. However, your BE indicates that no species within genus Hexastylis were detected during targeted botanical surveys conducted September, 2023. Therefore, we believe the probability for project -meditated loss of this species is insignificant and/or discountable and would concur with a "may affect, not likely to adversely affect" determination from the action agency. Botanical survey results for this species are valid for two years for the purposes of ESA consultation: https://www.fws. gov/story/2022-03/north-carolinas-federally-threatened-endangered-and-risk-plant-species The information provided indicates that suitable forage and/or roosting habitat for the proposed endangered tricolored bat (Perimyotis subflavus) occurs within the proposed action area. To minimize impacts to this species, we encourage project proponents to accomplish any necessary tree clearing outside of the "active season" for this animal. In our office work area, the active season for tricolored bat generally occurs during the warmer time of year from April 1 to September 30, but may be extended in areas adjacent to hibernacula. Although this species is not currently afforded legal protection under Section 7 of the ESA, this impact minimization measure would support our concurrence with a "may affect, not likely to adversely affect" determination from the appropriate action agency should this species become listed in the future. If the proposed action would not affect suitable habitat for this animal, we would not object to a "no effect" determination from the appropriate action agency. Monarch butterfly (Danaus plexippus) is a candidate species, and we appreciate project proponents' consideration of monarch butterfly when evaluating the action area for impacts to federally listed species and their habitats. This animal is also not subject to Section 7 consultation, and an effects determination from the action agency is not necessary. If requested, general recommendations for pollinators including monarch butterfly can be provided should the project proponent choose to implement them in the future. The information provided indicates that suitable habitat is not present within the action area for any other federally listed species. Therefore, we consider consultation to be complete and require no further action at this time. Please be aware that obligations under Section 7 of the ESA must be reconsidered if: (1) new information reveals impacts of the identified action may affect listed species or critical habitat in a manner not previously considered, (2) the identified action is subsequently modified in a manner that was not considered in this review, or (3) a new species is listed or critical habitat is determined that may be affected by the identified action. Please contact me if you have any questions. Regards Byron Byron Hamstead https://mail.google.com/mail/u/0/?ik=26b4c3e8dd&view=pt&search=all&permmsgid=msg-f:1787724689780123450&simpl=msg-f:1787724689780123... 1 /2 1/10/24, 12:25 PM Leonard S. Rindner, PLLC Mail - USFWS Project Code 2024-0026958 - WEPG#01365 - Blueberry Farms (he/him) Fish and Wildlife Biologist U.S. Fish and Wildlife Service Asheville Ecological Services Field Office 160 Zillicoa Street Asheville, North Carolina, 28801 This email correspondence and any attachments to and from this sender is subject to the Freedom of Information Act and may be disclosed to third parties. From: Lisa Gaffney <lisa.gaffney@wetlands-epg.com> Sent: Wednesday, January 10, 2024 11:04 AM To: Hamstead, Byron A <byron_hamstead@fws.gov> [Quoted text hidden] [Quoted text hidden] https://mail. goog le.com/mai I/u/0/?ik=26b4c3e8dd&view=pt&search=a II&pe rm msg id=msg-f:1787724689780123450&si m pl=msg-f:1787724689780123... 2/2 a-J L O Q oC u O V) oC c� Cultural Resources Report R.S. Webb & Associates Cultural Resource Management Consultants 2800 Holly Springs Parkway, Suite 200 • P.O. Drawer 1319 Holly Springs, Georgia 30142 Phone: 770-345-0706 • Fax: 770-345-0707 April 17, 2024 Mr. Daniel Kuefler Leonard S. Rindner, PLLC Wetlands & Environmental Planning Group 3714 Spokeshave Lane Matthews, North Carolina 28105 Subject: Findings - Cultural Resources Literature Review Blueberry Farms Development Tract Hickory, Catawba County, North Carolina R.S. Webb & Associates No. 23-649-234 Dear Mr. Kuefler: BACKGROUND R. S. Webb & Associates (RSWA) conducted a cultural resources literature review for the proposed Blueberry Farms development tract near Hickory, Catawba County, North Carolina. The prof ect area covers approximately 153 acres located between Catawba Valley Boulevard (north) and Henry Fork (south), west of 6t' Street, in northwest Catawba County (Figure 1). For this study, a cultural resource is defined as a discrete area of human activity that is at least 50 years old. Cultural resources include, but are not limited to, archeological sites, historic structures, military earthworks, mines/mining features, historic cemeteries, and historic landscape features. The purpose of the current study was to determine if previously recorded cultural resources are located within the project area. METHODOLOGY Through the North Carolina State Historic Preservation Office GIS Web Service (HPOWEB) database, information was reviewed regarding National Register of Historic Places (NRHP) properties, Catawba County surveyed -only historic resources, local landmarks, state study -list sites and historic resources determined by the State Historic Preservation Office (SHPO) to be eligible for the NRHP. Archeological Research at the North Carolina Office of State Archaeology (OSA) was conducted by Chronicle Heritage, Inc., who provided RSWA with pertinent information via email regarding archeological sites located within 1.6 kilometers (km) (1.0 mile) of the project area. This information included site forms, location maps and partial or full reports. Historic county maps were examined online through North Carolina Maps, a collaboration of the University of North Carolina, the State Archives of North Carolina, and the Outer Banks History Center. Historic aerial photography and additional historic maps were accessed through Historicaerials.com, Earthexplorer.usgs.gov, Legacy.lib.utexas.edu/maps/,and/or Alabamamaps.ua.edu. Findings - Cultural Resources Literature Review, Blueberry Farms Tract, Catawba County, North Carolina Page 2 April 17, 2024 The following primary sources were found to be useful in searching for historic resources within and/or adjacent to the project area: • 1886 R.A. Yoder Map of Catawba County • 1902 U.S. Department of Agriculture, Bureau of Soils Map, Hickory Sheet • 1920 Rural Delivery Map of Catawba County • 1938 and 1968 State Highway and Public Works Commission Maps of Catawba County • 1970 (re -issued 1993) USGS Hickory, North Carolina 7.5-minute quadrangle map • 1951,1966, and 1984 Agricultural Stabilization and Conservation Service aerial photography • 1993-2023 Google Earth Satellite Imagery RESULTS Previous Archeological Investigations: OSA records indicate atleast five previous cultural resources investigations located within 1.0 km of the study tract, two of which took place within approximately 300 m of project area boundaries (Figure 1). The closest investigations include a 2016 survey for a proposed gas line corridor that passed south of Henry Branch, approximately 230 m south of the project area [Environmental Review Number 15-2190 (Idol and Farrow 2016)]. A second project, the area for which appears only on hard -copy maps at OSA, was a corridor project along the currently - existing course of 61h Street Court located approximately 260 m east of the project area; the mapped project area is accompanied by no assigned project number and there is no reporting for this potential project is on -file at OSA. Previous Architectural Investigations: According to North Carolina SHPO personnel, HPOWEB is the definitive source of architectural survey information for Catawba County. Records of the database indicate that a general historic or architectural survey of Catawba County was conducted in 1977. National Register ofHistoric Places: HPOWEB indicates no NRHP-listed historic properties located within 1.0 km of the current study tract. Catawba County Historic Resources: HPOWEB identifies no state study -list sites or local landmarks within 1.0 km of the study tract. The database shows two properties within 1.0 km of the proj ect area that received a positive determination of eligibility (DOE) from SHPO in 1994 and 1995 (Figure 1); these include Resource CT0925 (Brookford Mill Village Historic District), located approximately 480 m northwest of the project area, and Resource CT0923 [(Former) Brookford School)], located approximately 800 m northwest of the project area. There are also four historic properties within 1.0 km of the project area that were surveyed in 1977, but have received no additional examination, the closest of which is Resource CT0813 - Brookford Mill Town) (Figure 1). The surveyed -only mill town (Resource No. CT0813) and the DOE mill village district (Resource CT0925) are essentially one and the same historic resource, though the 1977 surveyed -only resource boundary is not included in the HPOWEB database. All other recorded historic resources are located more than 775 m from project area boundaries. Recorded Archeological Sites: The search of OSA records indicates that there are no recorded archeological sites within 1.0 km of the project area. Revolutionary War Actions/Features: There were no reported Revolutionary War military events in Catawba County. Following the twin defeats at Charlotte, North Carolina (September 26, 1780) and Findings - Cultural Resources Literature Review, Blueberry Farms Tract, Catawba County, North Carolina Page 3 April 17, 2024 at King's Mountain, South Carolina (October 7, 1780), the British army retreated southwest back into South Carolina for winter. Upon initiation of the 1781 campaign, the British passed west of Charlotte and turned east near Lincolnton (25 km southeast). On February 1, 1781, elements of the British army crossed the Catawba River at Cowens Ford, while skirmishing with Patriots, approximately 42 km southeast of the project area (Lewis 2021). Civil War Actions/Features: Review of The Official Military Atlas of the Civil War (Davis et al. 1983) revealed that no significant Civil War military activity occurred in present Catawba County, North Carolina. Union General William T. Sherman, following the capture of Columbia, South Carolina on February 17, 1865, moved north to the vicinity of Lancaster, South Carolina (118 km southeast), but his armies were then turned northeast toward Laurel Hill and Fayetteville, North Carolina, thus bypassing the Charlotte region and the project area (Davis et al. 1983). Historic Cemeteries: The USGS topographic maps reviewed show one cemetery located within 1.0 km of the proj ect area (Figure 1). A cemetery associated with Bethlehem church is situated southwest of the intersection of Catawba Valley Boulevard and 6th Street, approximately 290 m east of the project area. Structures on Historic Maps and Aerial Photographs: The 1886 map of Catawba County shows Center Street to the northwest of the project area and Robinson Road to the east, but the map does not show an east -west oriented route between them (such as current Catawba Valley Boulevard). The scale of the 1886 is only general, but it appears to depict several features located at or near southerly project area boundaries (Figure 1), including: "Hanging Rock Bridge, Rowe's Mills, and a schoolhouse located southwest of the project area, and the home of "S. Brinkley" located at or near southeast project area boundary. As of 1902, maps suggest that an eastern fork of Center Street (access to the bridge, school and mills southwest of the project area) was out of use; the label for Hanging Rock Bridge was transferred to the west fork of the road (the present Center Street). Maps from 1902, circa 1920, and 1938 show also the general routes of Catawba Valley Boulevard and 6' Street with buildings north and east of the project area. The 1967 county highway map shows development along Catawba Valley Boulevard that included: three buildings in the northeast part of the project area and four buildings located adjacent to north and northwest project area boundaries (Figure 1). There was sparse development along the west side of 6th Street that included one building located adjacent to the project area (Figure 1). Topographic maps from 1970 is similar, but it shows a secondary road passing southward from Catawba Valley Boulevard, leading to Henry Fork via the project area, with two buildings located along its course in the project area (Figure 1). The secondary road turned east or northeast at Henry Fork, in the southeast part of the project area, to make connection with 6th Street (via the current 6th Street Court) to the east of the project area (Figure 1). Aerial photography from 1951 and 1966 show buildings as depicted on maps from 1967 and 1970 with small patches of cultivation in the project area (as depicted in white on Figure 1). The phonographs show an additional occupation site with multiple buildings locate din the central part of the project area (Figure 1). The 1966 aerial photographs shows also a single building in the southeast part of the proj ect area and a still -active transportation access to 6th Street from the southeast part of the project area. As of the years 1984 and 1998, use and occupation in the interior of the project area was in significant decline. Development along 6th Street Court increased as the Findings - Cultural Resources Literature Review, Blueberry Farms Tract, Catawba County, North Carolina Page 4 April 17, 2024 connection to the project area them disappeared from view; 20'h Avenue and buildings along its course were present as of 1984. CONCLUSIONS There are no NRHP-listed properties, determined -eligible properties, study -listed resources, designated local landmarks, cemeteries, otherwise recorded historic resources, or recorded archeological sites located within or adjacent to the study tract. The closest known cultural resource is determined -eligible mill village located 480 m and more northwest of the project area. Maps indicate possible occupation and/or use of the south extremes of the project area in the 19t' century, and agricultural use with at least four long-term occupation sites in the project area through the middle 201h century. CLOSING COMMENTS Mr. Kuefler, we appreciate the opportunity to work with you on this project. If you have any questions or comments, please contact me at 770-345-0706. Sincerely, R.S. WEBB & ASSOCIATES kajit // Robert S. (Steve) Webb President and Senior Principal Archeologist Attachments: Figure 1 REFERENCES Davis, G.B., L. J. Perry and J. W. Kirkley, compiled by C. D. Cowles 1983 Atlas to Accompany the Official Records of the Union and Confederate Armies. Reprint of the 1891-1895 edition. The Fairfax Press, New York. Idol, B. and F. Farrow 2016Intensive Archaeological Survey for the ProposedPiedmont Natural Gas Line 423 (Line 291 Replacement) Project, Catawba, Gaston andLincoln Counties, North Carolina. TRC Environmental Corporation. Chapel Hill, North Carolina. Lewis, J.D. 2021 The American Revolution in North Carolina. Internet -Online. Found at: http://www.carolana.com /NC/Revolution/home.html. Accessed June 2021. ♦ Structure on Historic Maps and Aerials — Previous Cultural Resource Project O Recorded Historic Resource Map Reference: 7.5-Minute USGS Quadrangle Hickory (1993), NC ---� Road on 1886 Map Scale 0 610 meters 0 2000 feet Figure 1 Project Area Location, Previous Projects and Recorded Cultural Resources