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HomeMy WebLinkAbout20240595 Ver 1_401 Application_20240424O ^Y Office Use Only: Corps action ID no. DWQ project no. Form Version 1.4 January 2009 Pre -Construction Notification (PCN) Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: ❑X Section 404 Permit ❑ Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: 29 or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? ❑ Yes ❑X No 1d. Type(s) of approval sought from the DWQ (check all that apply): ❑X 401 Water Quality Certification — Regular ❑ Non-404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ❑ Yes ❑X No For the record only for Corps Permit: ❑ Yes ❑X No 1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. ❑X Yes ❑ No 1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ❑ Yes ❑X No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ❑X No 2. Project Information 2a. Name of project: Dardan Subdivision 2b. County: Mecklenburg 2c. Nearest municipality / town: Charlotte 2d. Subdivision name: 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: JDSI LLC 3b. Deed Book and Page No. 32939-236 3c. Responsible Party (for LLC if applicable): Judson Stringfellow 3d. Street address: 3515 Dovewood Rd 3e. City, state, zip: Charlotte, NC 28226 3f. Telephone no.: 704-361-7777 3g. Fax no.: 3h. Email address: judsonstringfellow@gmail.com Page 1 of 10 PCN Form — Version 1.4 January 2009 4. Applicant Information (if different from owner) 4a. Applicant is: ❑X Agent ❑ Other, specify: 4b. Name: 4c. Business name (if applicable): 4d. Street address: 4e. City, state, zip: 4f. Telephone no.: 4g. Fax no.: 4h. Email address: 5. Agent/Consultant Information (if applicable) 5a. Name: AJ Varick (for Ward Marotti) 5b. Business name (if applicable): Spangler Environmental, Inc. 5c. Street address: 4338 Bland Rd 5d. City, state, zip: Raleigh, NC 27609 5e. Telephone no.: (919) 875-4288 5f. Fax no.: 5g. Email address: aj@spanglerenvironmental.com Page 2 of 10 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 10809130 1 b. Site coordinates (in decimal degrees): Latitude: 35.242158 Longitude:-80.68634 1 c. Property size: 14 acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: UT of Reedy Creek 2b. Water Quality Classification of nearest receiving water: C 2c. River basin: Yadkin Pee-dee 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: The northern property abuts a roadway. The eastern side abuts the UT of Reedy Creek. The property contains a intermittent stream thats extends west to east and drains into a herbaceous wetland. Additionally a perennial stream exists on the eastern border which connects to the UT of Reedy Creek. 3b. List the total estimated acreage of all existing wetlands on the property: 0.97 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 850 3d. Explain the purpose of the proposed project: Residential Development. 3e. Describe the overall project in detail, including the type of equipment to be used: Bulldozers, excavators, motor graders, off -road trucks, rollers, etc. will be used to clear and grade the site before individual residences are constructed. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project (includingall prior phases)in the past? ❑X Yes ❑ No ❑ Unknown Comments: pJD requested 4b. If the Corps made the jurisdictional determination, what type of determination was made? ❑ Preliminary ❑ Final 4c. If yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? ❑Yes ❑X No ❑ Unknown 5b. If yes, explain in detail according to "help file" instructions. 6. Future Project Plans 6a. Is this a phased project? ❑ Yes ❑X No 6b. If yes, explain. Page 3 of 10 PCN Form — Version 1.4 January 2009 C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): ❑ Wetlands ❑X Streams — tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. Wetland impact number Permanent (P) or Temporary T 2b. Type of impact 2c. Type of wetland 2d. Forested 2e. Type of jurisdiction Corps (404,10) or DWQ (401, other) 2f. Area of impact (acres) W1 Choose one Choose one Yes/No - W2 Choose one Choose one Yes/No W3 Choose one Choose one Yes/No W4 Choose one Choose one Yes/No W5 Choose one Choose one Yes/No W6 Choose one Choose one Yes/No 2g. Total Wetland Impacts: 2h. Comments: 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. Stream impact number Permanent (P) or Temporary (T) 3b. Type of impact 3c. Stream name 3d. Perennial (PER) or intermittent (INT)? 3e. Type of jurisdiction 3f. Average stream width (feet) 3g. Impact length (linear feet) S1 P Culvert S-1 INT Corps 3.12 139 S2 Choose one S3 Choose one S4 Choose one S5 Choose one S6 Choose one 3h. Total stream and tributary impacts 139 3i. Comments: 2009 sq ft impact Page 4 of 10 PCN Form — Version 1.4 January 2009 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then indivi ually list all open water impacts below. 4a. Open water impact number Permanent (P) or Temporary T 4b. Name of waterbody (if applicable) 4c. Type of impact 4d. Waterbody type 4e. Area of impact (acres) 01 Choose one Choose O2 Choose one Choose 03 Choose one Choose 04 Choose one Choose 4f. Total open water impacts 4g. Comments: 5. Pond or Lake Construction If pond or lake construction proposed, the complete the chart below. 5a. Pond ID number 5b. Proposed use or purpose of pond 5c. Wetland Impacts (acres) 5d. Stream Impacts (feet) 5e. Upland (acres) Flooded Filled Excavated Flooded Filled Excavated P1 Choose one P2 Choose one 5f. Total: 5g. Comments: 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. 6a. Project is in which protected basin? ❑ Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Randleman ❑ Other: 6b. Buffer Impact number — Permanent (P) or Temporary (T) 6c. Reason for impact 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact (square feet) 6g. Zone 2 impact (square feet) B1 Yes/No B2 Yes/No B3 Yes/No B4 Yes/No B5 Yes/No B6 Yes/No 6h. Total Buffer Impacts: 6i. Comments: Page 5 of 10 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. The proposed project was designed to avoid impacts to aquatic resources to the maximum extent practicable. The road crossing is required to connect the subdivision to Robinson Church Rd. The stream will be minimally disturbed to the extent required to construct the road, water main, and culverts as well as tie-in the grading. No streams or wetlands will be disturbed elsewhere on site by roads, utilities, or other measures. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Sediment and erosion control measures will be implemented in order to control runoff and other discharges from activities to be conducted in fill areas. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? 0 Yes ❑ No 2b. If yes, mitigation is required by (check all that apply): ❑ DWQ ❑X Corps 2c. If yes, which mitigation option will be used for this project? ❑X Mitigation bank El Payment to in -lieu fee program ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: RES Yadkin 05 Umbrella Mitigation Bank 3b. Credits Purchased (attach receipt and letter) Type: Stream Type: Choose one Type: Choose one Quantity: 278 Quantity: Quantity: Credits purchased at a mitigation ratio 3c. Comments: 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. ❑ Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: Choose one 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non -riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Page 6 of 10 PCN Form — Version 1.4 January 2009 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires ❑ Yes ❑X No buffer mitigation? 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. 6c. 6d. 6e. Zone Reason for impact Total impact Multiplier Required mitigation (square feet) (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund). Stream S - 1 is subject to City of Charlotte 50' riparian buffer zone, in which the outer 10' is considered the "Upland Zone" that can 6h. Comments: be maintained/mowed. Streams S - 2 and S - 3 are subject to 1 00'riparian buffer, Page 7 of 10 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? ❑ Yes ❑X No 1 b. If yes, then is a diffuse flow plan included? If no, explain why. ❑ Yes ❑X No 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 2b. Does this project require a Stormwater Management Plan? ❑X Yes ❑ No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: 2e. Who will be responsible for the review of the Stormwater Management Plan? 3. Certified Local Government Stormwater Review 3a. In which localgovernment's jurisdiction is thisproject? City of Charlotte 3b. Which of the following locally -implemented stormwater management programs apply (check all that apply): ❑ Phase II ❑ NSW ❑ USMP ❑ Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been attached? ❑Yes ❑X No 4. DWQ Stormwater Program Review 4a. Which of the following state -implemented stormwater management programs apply (check all that apply): ❑Coastal counties ❑HQW ❑ORW ❑Session Law 2006-246 ❑Other: 4b. Has the approved Stormwater Management Plan with proof of approval been attached? ❑ Yes ❑X No 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ❑ Yes ❑ No 5b. Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No Page 8 of 10 PCN Form — Version 1.4 January 2009 F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1 a. Does the project involve an expenditure of public (federal/state/local) funds or the ❑ Yes 0 No use of public (federal/state) land? 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ❑Yes ❑ No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1 c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval ❑ Yes ❑ No letter.) Comments: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, []Yes 0 No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after -the -fact permit application? ❑Yes 0 No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in ❑Yes 0 No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. to This project will connect the City of Charlotte municipal sewage system. Page 9 of 10 PCN Form — Version 1.4 January 2009 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or ❑ Yes ❑X No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ❑ Yes ❑X No impacts? 5c. If yes, indicate the USFWS Field Office you have contacted. - 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? NCNHP and an on -site threatened and endangered species evaluation. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes ❑X No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? NCNHP 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation ❑ Yes ❑X No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? EDR NEPA report, historical aerial photographs and cemetery census records. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? ❑X Yes ❑ No 8b. If yes, explain how project meets FEMA requirements: All lots are planned to be built outside of the 100-year floodplains of the onsite streams in accordance with City of Charlotte subdivision rules (100+1 Stormwater Elevation Line). 8c. What source(s) did you use to make the floodplain determination? FEMA NFHL mapper Alex Hornaday (for Ward Marotti) 04-17-2024 Applicant/Agent's Printed Name Date Applicant/Agent's Signature (Agent's signature is valid only if an authorization letter from the applicant isprovided.) Page 10 of 10 JDS1, LLC 3515 Dovewood Dr Charlotte NC 28226 Phone (704) 361-7777 April 17, 2024 Re: Dardan Subdivsiion To Whom It May Concern: The letter serves to inform you that JDSI LLC located at 3515 Dovewood Rd., Charlotte, NC 28226 hereby authorizes Spangler Environmental, Inc. to act as our technical agent for the purposes of environmental issues, including wetland and stream identification, permitting, mitigation planning and regulatory agency coordination at the property known as Dardan Subdivision, and as shown in Mecklenburg County records as PIN: 1080913. All site visits by regulatory personnel must be coordinated in advance with our agent, Spangler Environmental, Inc. This letter supercedes all previous Agent -related correspondence. The following contact persons should be copied on all correspondence: Property Owner (or Legal Agent/Representative): Judson Stringfellow JDSI LLC 3515 Dovewood Rd. Charlotte, NC 28226 (704) 361-7777 Technical Agent: Ward Marotti Spangler Environmental, Inc 4338 Bland Road Raleigh, NC 27609 980-308-9888 ward@spanglerenvironmental.com Best regards, Judson Stringfellow Manager Member Mobile: 704-361-7777 iudsonstringfellow(a)gmail.com fires RES Aster, LLC Stream Mitigation Bank Statement of Availability April 17, 2024 U.S. Army Corps of Engineers Jennifer Lawrence Charlotte Regulatory Field Office 8430 University Executive Park Drive, Suite 615 Charlotte, North Carolina 28262 Re Project: Dardan Subdivision This document confirms that the Judson Stringfellow (Applicant) for the Dardan Subdivision (Project) has expressed an interest to utilize 278.00 Stream Mitigation Credits from the RES Aster sponsored RES Yadkin 05 Umbrella Mitigation Bank, specifically278.00 Stream credits from the Cardinal site, in the Yadkin HUC 03040105. As the official Bank Sponsor, RES Aster, LLC, attests to the fact that mitigation is available for reservation at this time. These mitigation credits are not considered secured, and consequently are eligible to be used for alternate purposes by the Bank Sponsor, until payment in full is received from the Applicant resulting in the issuance of a Mitigation Credit Transfer Certificate by the bank acknowledging that the Applicant has fully secured credits from the bank and the Banker has accepted full responsibility for the mitigation obligation requiring the credits/units. The Banker will issue the Mitigation Credit Transfer Certificate within three (3) days of receipt of the purchase price. Banker shall provide to Applicant a copy of the Mitigation Credit Transfer Certificate and a documented copy of the debit of credits from the Bank Official Credit Ledger(s), indicating the permit number and the resource type secured by the applicant. A copy of the Mitigation Credit Transfer Certificate, with an updated Official Credit Ledger will also be sent to regulatory agencies showing the proper documentation. Please contact me at 919-209-1055 or astaley@res.us if you have any questions. Best Regards, Amy Staley Credit Sales Manager Bank Sponsor— RES Aster, LLC -- SNOWON00 ONUSIX3 = — oo.o 9LZ9Z ON `3l101NVHO ON HONf1H0 NOSNI8O21 Z£Z6 O _ NOISIAI(i9nS Ndabva Z 4 �� tL U Lij �J)�o2 / M\` O g�o� J W^� o �oW y RNX 7 0 i NCDOT) _ 2822 W ROAD MAINTENANCE CHDRCH SON _ �X� ROB�R THORONj k — { _ s / EiBY�RE� / p � /° j /� / l l l � � r J L. EOP eY 0-1E s IIII �\ ; ebo //�/// I/11 I 1 I I ^♦ 1 \ ► :. 1 ~z.� '% n 4:: I I Lt z�m Wro�� 1 /�r 1\ e III // �i�� �ii /�� %— ; �� I �► r/ r r� r I I f I i 1 1 I 1 I �� ', �, � � 1 � \ -- / /% �/1/ll � A♦ � � II I�'>�' �: .-moo 1 n— N . / 3 10 vv�vvv�v vv RXN ro�N 4 , w - �o a 3 jp 3U o m J oo N m CIA o o 9LZBZ ON `3l101NVHO ON HONFIHO NOSMOM:1 Z£Z6 w ' 1 Uw= m NOISInIa9nS Ndabva Ar �niiiuugq Z 'l�\ m rem s wyy%, � O oLL 4 o Qo Kw ;yap �F ✓ LLJ (n w [� nn ` ai �O `p 0 0 -- — -- �l ROtMSO��HF=� (EX. 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Q 1 Ln O 01 Q h aC \ ` <b of < n e ` Wby ` O „ , �ad�, = LL I�JU/� '• Iyq���� �g¢{y� �yBp� y8u_ U /)yz O o VV V/ 3 jp 3U NYld 3AS \/\\ \ \ �� \\_ «ZgZ ON'3iiOIHVHO MJ HodnHO NOSNIOOH ZCZ6 NOISIAI(ionS NV(I'c]V(l cl w S: < w w u) (D 0 z u) u) \ \ \\/ cL � m \ \ \ \ \ � � \ \ \ \ ° �� � \ Q5 lo � \ \ { ct \ \ \ ° \ \ \ � y / \ \ y 7 < �a G, \ \\\�� m �° \ \ \ \ � �(} � \ \ \ \, �;y!ƒ �! \ \ \ \ \ } lo Roy Cooper, Governor ■ ■■■ ■■ ■ INC DEPARTMENT OF ■■�■i NATURAL AND CULTURAL RESOURCES ■ ■■ April 17, 2024 Alex Hornaday Spangler Environmental Inc. 4338 Bland Rd Raleigh, NC 27609 RE: Robinson Church Dear Alex Hornaday: ❑. Reid Wilson, Secretary Misty Buchanan Deputy Director, Natural Heritage Program The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources for the project referenced above. Based on the project area mapped with your request, a query of the NCNHP database indicates that there are no records for rare species, important natural communities, natural areas, and/or conservation/managed areas within the proposed project boundary. Please note that although there may be no documentation of natural heritage elements within the project boundary, it does not imply or confirm their absence; the area may not have been surveyed. The results of this query should not be substituted for field surveys where suitable habitat exists. In the event that rare species are found within the project area, please contact the NCNHP so that we may update our records. The attached `Potential Occurrences' table summarizes rare species and natural communities that have been documented within a one -mile radius of the property boundary. The proximity of these records suggests that these natural heritage elements may potentially be present in the project area if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile radius of the project area, if any, are also included in this report. If a Federally -listed species is found within the project area or is indicated within a one -mile radius of the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for guidance. Contact information for USFWS offices in North Carolina is found here: httr)s://www.fws.gov/offices/Directory/ListOffices.cfm?statecode=37. Please note that natural heritage element data are maintained for the purposes of conservation planning, project review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions. Information provided by the NCNHP database may not be published without prior written notification to the NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NCNHP data may not be redistributed without permission. The NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature Preserve, Registered Heritage Area, Land and Water Fund easement, or Federally - listed species are documented near the project area. If you have questions regarding the information provided in this letter or need additional assistance, please contact the NCNHP at natural.heritage�dncr.nc.gov. Sincerely, NC Natural Heritage Program DEPAR7HEN7 OF NATURAL AND CULTURAL RESOURCES 121 W. JONES STREET. RALEIGH. NC 27603 • 1691 MAIL SERVICE CENTER. RALEIGH. 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Please include all supporting information, as described within each category, with your request. You may submit your request via mail, electronic mail, or facsimile. Requests should be sent to the appropriate project manager of the county in which the property is located. A current list of project managers by assigned counties can be found on-line at: http://www.saw.usace.aimy.mil/Missions/Re ul�atoiyPermitProi4ram/Contact/CountyLocator.aspx, by calling 910-251-4633, or by contacting any of the field offices listed below. Once your request is received you will be contacted by a Corps project manager. ASHEVILLE & CHARLOTTE REGULATORY FIELD OFFICES US Army Corps of Engineers 151 Patton Avenue, Room 208 Asheville, North Carolina 28801-5006 General Number: (828) 271-7980 Fax Number: (828) 281-8120 RALEIGH REGULATORY FIELD OFFICE US Army Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 General Number: (919) 554-4884 Fax Number: (919) 562-0421 INSTRUCTIONS: WASHINGTON REGULATORY FIELD OFFICE US Army Corps of Engineers 2407 West Fifth Street Washington, North Carolina 27889 General Number: (910) 251-4610 Fax Number: (252) 975-1399 WILMINGTON REGULATORY FIELD OFFICE US Army Corps of Engineers 69 Darlington Avenue Wilmington, North Carolina 28403 General Number: 910-251-4633 Fax Number: (910) 251-4025 All requestors must complete Parts A, B, C, D, E, F and G. NOTE TO CONSULTANTS AND AGENCIES: If you are requesting a JD on behalf of a paying client or your agency, please note the specific submittal requirements in Part H. NOTE ON PART D — PROPERTY OWNER AUTHORIZATION: Please be aware that all JD requests must include the current property owner authorization for the Corps to proceed with the determination, which may include inspection of the property when necessary. This form must be signed by the current property owner(s) or the owner(s) authorized agent to be considered a complete request. NOTE ON PART D - NCDOT REQUESTS: Property owner authorization/notification for JD requests associated with North Carolina Department of Transportation (NCDOT) projects will be conducted according to the current NCDOT/USACE protocols. NOTE TO USDA PROGRAM PARTICIPANTS: A Corps approved or preliminary JD 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 also request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. Version: May 2017 Page 1 Jurisdictional Determination Request A. PARCEL INFORMATION Street Address: 9232 Robinson Church Rd City, State: Charlotte, NC 28215 County: Mecklenburg Parcel Index Number(s) (PIN): 10809130 B. REQUESTOR INFORMATION Name: Spangler Environmental, Inc. Mailing Address: 4338 Bland Rd. Raleigh, NC 27609 Telephone Number: 919-875-4288 Electronic Mail Address: ward@spanglerenvironmental.com Select one: ❑ I am the current property owner. ❑ I am an Authorized Agent or Environmental Consultanti ❑ Interested Buyer or Under Contract to Purchase ❑ Other, please explain. C. PROPERTY OWNER INFORMATION' Name: JDSI LLC Mailing Address: 3515 Dovewood Rd Charlotte, NC 28226 Telephone Number: Electronic Mail Address: 1 Must provide completed Agent Authorization Form/Letter. z Documentation of ownership also needs to be provided with request (copy of Deed, County GIS/Parcel/Tax Record). Version: May 2017 Page 2 Jurisdictional Determination Request D. PROPERTY ACCESS CERTIFICATION',4 By signing below, I authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) to enter upon the property herein described for the purpose of conducting on - site investigations, if necessary, and issuing a jurisdictional determination pursuant to Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. I, the undersigned, am either a duly authorized owner of record of the property identified herein, or acting as the duly authorized agent of the owner of record of the property. Ward Marotti Print Name Capacity: ❑ Owner ❑✓ Authorized Agents 1 September 2021 Date Z�c I /0� Signature E. REASON FOR JD REQUEST: (Check as many as applicable) ❑ I intend to construct/develop a projector perform activities on this parcel which would be designed to avoid all aquatic resources. ❑ I intend to construct/develop a projector perform activities on this parcel which would be designed to avoid all jurisdictional aquatic resources under Corps authority. 0 I intend to construct/develop a projector perform activities on this parcel which may require authorization from the Corps, and the JD would be used to avoid and minimize impacts to jurisdictional aquatic resources and as an initial step in a future permitting process. ❑ I intend to construct/develop a projector perform activities on this parcel which may require authorization from the Corps; this request is accompanied by my permit application and the JD is to be used in the permitting process. ❑ I intend to construct/develop a project or perform activities in a navigable water of the U.S. which is included on the district Section 10 list and/or is subject to the ebb and flow of the tide. ❑ A Corps JD is required in order obtain my local/state authorization. ❑ I intend to contest jurisdiction over a particular aquatic resource and request the Corps confirm that jurisdiction does/does not exist over the aquatic resource on the parcel. ❑ I believe that the site may be comprised entirely of dry land. ❑ Other: ' For NCDOT requests following the current NCDOT/USAGE protocols, skip to Part E. a If there are multiple parcels owned by different parties, please provide the following for each additional parcel on a continuation sheet. s Must provide agent authorization form/letter signed by owner(s). Version: May 2017 Page 3 Jurisdictional Determination Request F. JURISDICTIONAL DETERNIINATION (JD) TYPE (Select One) 7 I am requesting that the Corps provide a preliminM JD for the property identified herein. A Preliminary Jurisdictional Determination (PJD) provides an indication that there may be "waters of the United States" or "navigable waters of the United States"on a property. PJDs are sufficient as the basis for permit decisions. For the purposes of permitting, all waters and wetlands on the property will be treated as if they are jurisdictional "waters of the United States". PJDs cannot be appealed (33 C.F.R. 331.2); however, a PJD is "preliminary" in the sense that an approved JD can be requested at any time. PJDs do not expire. ❑ I am requesting that the Corps provide an approved JD for the property identified herein. An Approved Jurisdictional Determination (AJD) is a determination that jurisdictional "waters of the United States" or "navigable waters of the United States" are either present or absent on a site. An approved JD identifies the limits of waters on a site determined to be jurisdictional under the Clean Water Act and/or Rivers and Harbors Act. Approved JDs are sufficient as the basis for permit decisions. AJDs are appealable (33 C.F.R. 331.2). The results of the AJD will be posted on the Corps website. A landowner, permit applicant, or other "affected party" (33 C.F.R. 331.2) who receives an AJD may rely upon the AJD for five years (subject to certain limited exceptions explained in Regulatory Guidance Letter 05- 02). ❑ I am unclear as to which JD I would like to request and require additional information to inform my decision. G. ALL REQUESTS Map of Property or Project Area. This Map must clearly depict the boundaries of the review area. ✓❑ Size of Property or Review Area 13.9 acres. ❑ The property boundary (or review area boundary) is clearly physically marked on the site. Version: May 2017 Page 4 Jurisdictional Determination Request H. REQUESTS FROM CONSULTANTS Project Coordinates (Decimal Degrees): Latitude: 35.2421580 Longitude:-80.6863400 A legible delineation map depicting the aquatic resources and the property/review area. Delineation maps must be no larger than I Ix 17 and should contain the following: (Corps signature of submitted survey plats will occur after the submitted delineation map has been reviewed and approved).6 ■ North Arrow ■ Graphical Scale ■ Boundary of Review Area ■ Date ■ Location of data points for each Wetland Determination Data Form or tributary assessment reach. For Approved Jurisdictional Determinations: ■ Jurisdictional wetland features should be labeled as Wetland Waters of the US, 404 wetlands, etc. Please include the acreage of these features. ■ Jurisdictional non -wetland features (i.e. tidal/navigable waters, tributaries, impoundments) should be labeled as Non -Wetland Waters of the US, stream, tributary, open water, relatively permanent water, pond, etc. Please include the acreage or linear length of each of these features as appropriate. ■ Isolated waters, waters that lack a significant nexus to navigable waters, or non - jurisdictional upland features should be identified as Non -Jurisdictional. Please include a justification in the label regarding why the feature is non jurisdictional (i.e. "Isolated", "No Significant Nexus", or "Upland Feature"). Please include the acreage or linear length of these features as appropriate. For Preliminary Jurisdictional Determinations: Wetland and non -wetland features should not be identified as Jurisdictional, 404, Waters of the United States, or anything that implies jurisdiction. These features can be identified as Potential Waters of the United States, Potential Non -wetland Waters of the United States, wetland, stream, open water, etc. Please include the acreage and linear length of these features as appropriate. Completed Wetland Determination Data Forms for appropriate region (at least one wetland and one upland form needs to be completed for each wetland type) 6 Please refer to the guidance document titled "Survey Standards for Jurisdictional Determinations" to ensure that the supplied map meets the necessary mapping standards. hM2://www.saw.usace.4rmy.mil/Missions/Regulatoly-Permit- Pro gram/Jurisdiction/ Version: May 2017 Page 5 Jurisdictional Determination Request F4Completed appropriate Jurisdictional Determination form • PJDs, please complete a Preliminary Jurisdictional Determination Form' and include the Aquatic Resource Table • AJDS• please complete an Approved Jurisdictional Determination Form'. Vicinity Map zAerial Photograph USGS Topographic Map Soil Survey Map Other Maps, as appropriate (e.g. National Wetland Inventory Map, Proposed Site Plan, previous delineation maps, LIDAR maps, FEMA floodplain maps) Landscape Photos (if taken) NCSAM and/or NCWAM Assessment Forms and Rating Sheets ❑ NC Division of Water Resources Stream Identification Forms hJ Other Assessment Forms ' www.saw.usace.4rmy.mil/Portals/59/docs/regulatory/readocs/JD/RGL 08-02_App A Prelim _JD_Form fillable.pdf 8 Please see hM2://www.saw.usace.4M.mil/Missions/Regulatory-Permit-Program/Jurisdiction/ Principal Purpose: The information that you provide will be used in evaluating your request to determine whether there are any aquatic resources within the project area subject to federaljurisdiction under the regulatory authorities referenced above. Routine Uses: This information may be shared with the Department of Justice and other federal, state, and local government agencies, and the public, and may be made available as part of a public notice as required by federal law. Your name and property location where federal jurisdiction is to be determined will be included in the approved jurisdictional determination (AJD), which will be made available to the public on the District's website and on the Headquarters USAGE website. Disclosure: Submission of requested information is voluntary; however, if information is not provided, the request for an AJD cannot be evaluated nor can an AJD be issued. Version: May 2017 Page 6 4 -w lend Data Points Stream Wetlands Sgutbr-: Ss 1T, Mwar, E-Math, star Geggria—ghT.ns. NJ Aft , C--f jr Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Spangler Environmental (4338 Bland Rd. Raleigh, NC) C. DISTRICT OFFICE, FILE NAME, AND NUMBER: D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: NC County/parish/borough: Mecklenburg City: Charlotte Center coordinates of site (lat/long in degree decimal format): Lat.: 35.2421580 Long.:-80.686340' Universal Transverse Mercator: 17S, 528537.45 m E, 3899943.10 m N Name of nearest waterbody: Reedy Creek E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑ Office (Desk) Determination. Date: 1 September 2021 ■❑ Field Determination. Date(s): 13 August 2021 TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION. Site number Latitude (decimal degrees) Longitude (decimal degrees) Estimated amount of aquatic resource in review area (acreage and linear feet, if applicable) Type of aquatic resource (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) SA 35.2419180 -80.6869920 604 If Non -wetland 404 SB 35.2420150 -80.6849460 251 If Non -wetland 404 WA 35.2421440 -80.6854590 0.97 acres Wetland 404 1) The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an approved 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 or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an 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 should be included in subject file. Appropriately reference sources below where indicated for all checked items: ■❑ Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Map:site delineation map over aerial imagery 0 Data sheets prepared/submitted by or on behalf of the PJD requestor. ❑ 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: ❑ U.S. Geological Survey Hydrologic Atlas: ❑ USGS NHD data. ❑ USGS 8 and 12 digit HUC maps. ❑ U.S. Geological Survey map(s). Cite scale & quad name: ❑ Natural Resources Conservation Service Soil Survey. Citation: ❑ National wetlands inventory map(s). Cite name: ❑ State/local wetland inventory map(s): ❑ FEMA/FIRM maps: ❑ 100-year Floodplain Elevation is: .(National Geodetic Vertical Datum of 1929) ■❑ Photographs: ❑ Aerial (Name & Date): or ■❑ Other (Name & Date): site and soil sample photographs (4/5/2023) ❑ Previous determination(s). File no. and date of response letter: ❑ Other information (please specify): 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 Digitally signed by Alex Hornaday @X orna ay Date: 2024.04.1811: 16: 10-04'00' Signature and date of person requesting PJD (REQUIRED, unless obtaining the signature is impracticable)' ' Districts may establish timeframes for requestor to return signed PJD forms. If the requestor 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. WETLAND DETERMINATION DATA SHEET — Eastern Mountains and Piedmont Region Project/Site: Robinson Church Rd City/County: Charlotte, Mecklenburg Sampling Date: 04/05/23 Applicant/Owner: Spangler Environmental Inc., for JDSI LLC State: NC Sampling Point: WA1 Investigator(s): AJ Varick Section, Township, Range: Landform (hillside, terrace, etc.): depression Local relief (concave, convex, none): concave Slope (%): 3 Subregion (LRR or MLRA): LRR P, MLRA 136 Lat: 35.242158 Long:-80.686340 Datum: NAVD 88 Soil Map Unit Name: MO Monacan loam, 0 to 2 percent slopes, frequently flooded NWI classification: Freshwater Forested/Shrub Wetland Are climatic / hydrologic conditions on the site typical for this time of year? Yes X No (If no, explain in Remarks.) Are Vegetation Soil or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes X No Are Vegetation Soil or Hydrology naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes X No Is the Sampled Area Hydric Soil Present? Yes X No within a Wetland? Yes X No Wetland Hydrology Present? Yes X No Remarks: HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (minimum of two required) Primary Indicators (minimum of one is required: check all that apply) _ Surface Soil Cracks (136) X Surface Water (Al) _True Aquatic Plants (1314) _ Sparsely Vegetated Concave Surface (138) X High Water Table (A2) —Hydrogen Sulfide Odor (Cl) X Drainage Patterns (1310) X Saturation (A3) —Oxidized Rhizospheres on Living Roots (C3) —Moss Trim Lines (1316) —Water Marks (131) —Presence of Reduced Iron (C4) _ Dry -Season Water Table (C2) _Sediment Deposits (132) _Recent Iron Reduction in Tilled Soils (C6) X Crayfish Burrows (C8) _ Drift Deposits (133) _Thin Muck Surface (C7) X Saturation Visible on Aerial Imagery (C9) _Algal Mat or Crust (134) _Other (Explain in Remarks) _Stunted or Stressed Plants (D1) _Iron Deposits (135) X Geomorphic Position (D2) —Inundation Visible on Aerial Imagery (137) —Shallow Aquitard (D3) X Water -Stained Leaves (139) _ Microtopographic Relief (D4) Aquatic Fauna (1313) X FAC-Neutral Test (D5) Field Observations: Surface Water Present? Yes X No Depth (inches): Water Table Present? Yes X No Depth (inches): 4 Saturation Present? Yes X No Depth (inches): 1 Wetland Hydrology Present? Yes X No (includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: US Army Corps of Engineers Eastern Mountains and Piedmont — Version 2.0 VEGETATION (Four Strata) - Use scientific names of plants. Sampling Point: WA1 Absolute Dominant Indicato Tree Stratum (Plot size: ) % Cover Species? Status 1. Liquidambar styraciflua 10 Yes FAC 2. Acer rubrum 7 Yes FAC 3. 4. 5. 6. 7. 17 =Total Cover 50% of total cover: 9 20% of total cover: 4 Saplinq/Shrub Stratum (Plot size: ) 1. Ligustrum sinense 5 Yes FACU 2. 3. 4. 5. 6. 7. 8. 9. 5 =Total Cover 50% of total cover: 3 20% of total cover: 1 Herb Stratum (Plot size: ) 1. Peltandra virginica 10 Yes OBL 2. Saururus cernuus 5 Yes OBL 3. 4. 5. 6. 7. 8. 9. 10. 11. 15 =Total Cover 50% of total cover: 8 20% of total cover: 3 Woody Vine Stratum (Plot size: ) 1. 2. 3. 4. 5. =Total Cover 50% of total cover: 20% of total cover: Remarks: (Include photo numbers here or on a separate sheet.) Dominance Test worksheet: Number of Dominant Species That Are OBL, FACW, or FAC: 4 (A) Total Number of Dominant Species Across All Strata: 5 (B) Percent of Dominant Species That Are OBL, FACW, or FAC: 80.0% (A/B) Prevalence Index worksheet: Total % Cover of: Multiply by: OBL species 15 x 1 = 15 FACW species 0 x 2 = 0 FAC species 17 x 3 = 51 FACU species 5 x 4 = 20 UPL species 0 x 5 = 0 Column Totals: 37 (A) 86 (B) Prevalence Index = B/A = 2.32 Hydrophytic Vegetation Indicators: _ 1 - Rapid Test for Hydrophytic Vegetation X 2 - Dominance Test is >50% X 3 - Prevalence Index is !2.0' 4 - Morphological Adaptations' (Provide supporting data in Remarks or on a separate sheet) Problematic Hydrophytic Vegetation' (Explain) 'Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problematic. Definitions of Four Vegetation Strata: Tree - Woody plants, excluding vines, 3 in. (7.6 cm) or more in diameter at breast height (DBH), regardless of height. Sapling/Shrub - Woody plants, excluding vines, less than 3 in. DBH and greater than or equal to 3.28 ft (1 m) tall. Herb - All herbaceous (non -woody) plants, regardless of size, and woody plants less than 3.28 ft tall. Woody Vine - All woody vines greater than 3.28 ft in height. Hydrophytic Vegetation Present? Yes X No US Army Corps of Engineers Eastern Mountains and Piedmont -Version 2.0 SOIL Sampling Point: WA1 Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color (moist) % Color (moist) % Types Loc2 Texture Remarks 0-6 10YR 3/2 100 Mucky Loam/Clay 6-12 10YR 5/3 80 10YR 5/6 20 C PL/M Loamy/Clayey Distinct redox concentrations 12-24 10YR 5/3 75 10YR 6/6 25 C PL/M Loamy/Clayey Distinct redox concentrations Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains. 2Location: PL=Pore Lining, M=Matrix. Hydric Soil Indicators. Indicators for Problematic Hydric Soils3: _ Histosol (Al) _ Polyvalue Below Surface (S8) (MLRA 147, 148) _ 2 cm Muck (A10) (MLRA 147) Histic Epipedon (A2) _Thin Dark Surface (S9) (MLRA 147, 148) _Coast Prairie Redox (A16) _Black Histic (A3) X Loamy Mucky Mineral (F1) (MLRA 136) (MLRA 147, 148) —Hydrogen Sulfide (A4) —Loamy Gleyed Matrix (F2) —Piedmont Floodplain Soils (F19) —Stratified Layers (A5) _ Depleted Matrix (F3) (MLRA 136, 147) _ 2 cm Muck (A10) (LRR N) _ Redox Dark Surface (F6) —Red Parent Material (F21) _ Depleted Below Dark Surface (A11) _ Depleted Dark Surface (F7) (outside MLRA 127, 147, 148) _Thick Dark Surface (Al2) _Redox Depressions (F8) _Very Shallow Dark Surface (F22) _Sandy Mucky Mineral (S1) _Iron -Manganese Masses (F12) (LRR N, _Other (Explain in Remarks) Gleyed Matrix (S4) MLRA 136) —Sandy —Sandy Redox (S5) _ Umbric Surface (F13) (MLRA 122, 136) 3Indicators of hydrophytic vegetation and —Stripped Matrix (S6) _ Piedmont Floodplain Soils (F19) (MLRA 148) wetland hydrology must be present, Dark Surface (S7) Red Parent Material (F21) (MLRA 127, 147, 148) unless disturbed or problematic. Restrictive Layer (if observed): Type: Depth (inches): Hydric Soil Present? Yes X No Remarks: This data sheet is revised from Eastern Mountains and Piedmont Regional Supplement Version 2.0 to include the NRCS Field Indicators of Hydric Soils, Version 8.0, 2016. US Army Corps of Engineers Eastern Mountains and Piedmont —Version 2.0 Photo 1: Wetland A sample 1 (WA1) soil photo. Photo 2: Wetland A sample 1 (WA1) site photo. Photo 3: Wetland A sample 1 (WA1) site photo. WETLAND DETERMINATION DATA SHEET — Eastern Mountains and Piedmont Region Project/Site: Robinson Church Rd City/County: Charlotte, Mecklenburg Sampling Date: 04/05/23 Applicant/Owner: Spangler Environmental Inc., for JDSI LLC State: NC Sampling Point: WA2 Investigator(s): AJ Varick Section, Township, Range: Landform (hillside, terrace, etc.): depression Local relief (concave, convex, none): concave Slope (%): 3 Subregion (LRR or MLRA): LRR P, MLRA 136 Lat: 35.242158 Long:-80.686340 Datum: NAVD 88 Soil Map Unit Name: MO Monacan loam, 0 to 2 percent slopes, frequently flooded NWI classification: Freshwater Forested/Shrub Wetland Are climatic / hydrologic conditions on the site typical for this time of year? Yes X No (If no, explain in Remarks.) Are Vegetation Soil or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes X No Are Vegetation Soil or Hydrology naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes X No Is the Sampled Area Hydric Soil Present? Yes X No within a Wetland? Yes X No Wetland Hydrology Present? Yes X No Remarks: HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (minimum of two required) Primary Indicators (minimum of one is required: check all that apply) _ Surface Soil Cracks (136) _Surface Water (Al) _True Aquatic Plants (1314) _Sparsely Vegetated Concave Surface (138) _ High Water Table (A2) —Hydrogen Sulfide Odor (Cl) X Drainage Patterns (1310) _Saturation (A3) _Oxidized Rhizospheres on Living Roots (C3) X Moss Trim Lines (1316) —Water Marks (131) —Presence of Reduced Iron (C4) _ Dry -Season Water Table (C2) _Sediment Deposits (132) _Recent Iron Reduction in Tilled Soils (C6) X Crayfish Burrows (C8) —Drift Deposits (133) _Thin Muck Surface (C7) X Saturation Visible on Aerial Imagery (C9) _Algal Mat or Crust (134) _Other (Explain in Remarks) _Stunted or Stressed Plants (D1) _Iron Deposits (135) X Geomorphic Position (D2) —Inundation Visible on Aerial Imagery (137) —Shallow Aquitard (D3) —Water-Stained Leaves (139) _ Microtopographic Relief (D4) Aquatic Fauna (1313) FAC-Neutral Test (D5) Field Observations: Surface Water Present? Yes No X Depth (inches): Water Table Present? Yes No X Depth (inches): Saturation Present? Yes X No Depth (inches): 12 Wetland Hydrology Present? Yes X No (includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: US Army Corps of Engineers Eastern Mountains and Piedmont — Version 2.0 VEGETATION (Four Strata) - Use scientific names of plants. Sampling Point: WA2 Absolute Dominant Indicato Tree Stratum (Plot size: ) % Cover Species? Status 1. Liquidambar styraciflua 10 Yes FAC 2. Acer rubrum 7 Yes FAC 3. Quercus rubra 5 Yes FACU 4. 5. 6. 7. 22 =Total Cover 50% of total cover: 11 20% of total cover: 5 Saplinq/Shrub Stratum (Plot size: ) 1. Ligustrum sinense 10 Yes FACU 2. 3. 4. 5. 6. 7. 8. 9. 10 =Total Cover 50% of total cover: 5 20% of total cover: 2 Herb Stratum (Plot size: ) 1. Peltandra virginica 5 Yes OBL 2. Saururus cernuus 5 Yes OBL 3. 4. 5. 6. 7. 8. 9. 10. 11. 10 =Total Cover 50% of total cover: 5 20% of total cover: 2 Woody Vine Stratum (Plot size: ) 1. 2. 3. 4. 5. =Total Cover 50% of total cover: 20% of total cover: Remarks: (Include photo numbers here or on a separate sheet.) Dominance Test worksheet: Number of Dominant Species That Are OBL, FACW, or FAC: 4 (A) Total Number of Dominant Species Across All Strata: 6 (B) Percent of Dominant Species That Are OBL, FACW, or FAC: 66.7% (A/B) Prevalence Index worksheet: Total % Cover of: Multiply by: OBL species 10 x 1 = 10 FACW species 0 x 2 = 0 FAC species 17 x 3 = 51 FACU species 15 x 4 = 60 UPL species 0 x 5 = 0 Column Totals: 42 (A) 121 (B) Prevalence Index = B/A = 2.88 Hydrophytic Vegetation Indicators: _ 1 - Rapid Test for Hydrophytic Vegetation X 2 - Dominance Test is >50% X 3 - Prevalence Index is !2.0' 4 - Morphological Adaptations' (Provide supporting data in Remarks or on a separate sheet) Problematic Hydrophytic Vegetation' (Explain) 'Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problematic. Definitions of Four Vegetation Strata: Tree - Woody plants, excluding vines, 3 in. (7.6 cm) or more in diameter at breast height (DBH), regardless of height. Sapling/Shrub - Woody plants, excluding vines, less than 3 in. DBH and greater than or equal to 3.28 ft (1 m) tall. Herb - All herbaceous (non -woody) plants, regardless of size, and woody plants less than 3.28 ft tall. Woody Vine - All woody vines greater than 3.28 ft in height. Hydrophytic Vegetation Present? Yes X No US Army Corps of Engineers Eastern Mountains and Piedmont -Version 2.0 SOIL Sampling Point: WA2 Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color (moist) % Color (moist) % Types Loc2 Texture Remarks 0-4 5YR 5/6 90 5YR 5/1 10 C PL/M Loamy/Clayey Prominent redox concentrations 4-24 5YR 5/6 70 5YR 5/1 30 C PL/M Loamy/Clayey Prominent redox concentrations Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains. 2Location: PL=Pore Lining, M=Matrix. Hydric Soil Indicators. Indicators for Problematic Hydric Soils3: _ Histosol (Al) _ Polyvalue Below Surface (S8) (MLRA 147, 148) _ 2 cm Muck (A10) (MLRA 147) Histic Epipedon (A2) _Thin Dark Surface (S9) (MLRA 147, 148) _Coast Prairie Redox (A16) —Black Histic (A3) —Loamy Mucky Mineral (F1) (MLRA 136) (MLRA 147, 148) —Hydrogen Sulfide (A4) —Loamy Gleyed Matrix (F2) —Piedmont Floodplain Soils (F19) —Stratified Layers (A5) _ Depleted Matrix (F3) (MLRA 136, 147) _ 2 cm Muck (A10) (LRR N) _ Redox Dark Surface (F6) —Red Parent Material (F21) _ Depleted Below Dark Surface (A11) _ Depleted Dark Surface (F7) (outside MLRA 127, 147, 148) _Thick Dark Surface (Al2) X Redox Depressions (F8) _Very Shallow Dark Surface (F22) _Sandy Mucky Mineral (S1) _Iron -Manganese Masses (F12) (LRR N, _Other (Explain in Remarks) Gleyed Matrix (S4) MLRA 136) —Sandy —Sandy Redox (S5) _ Umbric Surface (F13) (MLRA 122, 136) 3Indicators of hydrophytic vegetation and —Stripped Matrix (S6) _ Piedmont Floodplain Soils (F19) (MLRA 148) wetland hydrology must be present, Dark Surface (S7) Red Parent Material (F21) (MLRA 127, 147, 148) unless disturbed or problematic. Restrictive Layer (if observed): Type: Depth (inches): Hydric Soil Present? Yes X No Remarks: This data sheet is revised from Eastern Mountains and Piedmont Regional Supplement Version 2.0 to include the NRCS Field Indicators of Hydric Soils, Version 8.0, 2016. US Army Corps of Engineers Eastern Mountains and Piedmont —Version 2.0 Photo 4: Wetland A sample 2 (WA2) soil photo. Photo 5: Wetland A sample 2 (WA2) site photo. Photo 6: Wetland A sample 2 (WA2) site photo. WETLAND DETERMINATION DATA SHEET — Eastern Mountains and Piedmont Region Project/Site: Robinson Church Rd City/County: Charlotte, Mecklenburg Sampling Date: 04/05/23 Applicant/Owner: Spangler Environmental Inc., for JDSI LLC State: NC Sampling Point: UPL1 Investigator(s): AJ Varick Section, Township, Range: Landform (hillside, terrace, etc.): hillside Local relief (concave, convex, none): none Slope (%): 5 Subregion (LRR or MLRA): LRR P, MLRA 136 Lat: 35.242158 Long:-80.686340 Datum: NAVD 88 Soil Map Unit Name: Cecil sandly clay loam, 2 to 8 percent slopes, moderatley eroded NWI classification: none Are climatic / hydrologic conditions on the site typical for this time of year? Yes X No (If no, explain in Remarks.) Are Vegetation Soil or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes X No Are Vegetation Soil or Hydrology naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes X No Is the Sampled Area Hydric Soil Present? Yes No X within a Wetland? Yes No X Wetland Hydrology Present? Yes No X Remarks: HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (minimum of two required) Primary Indicators (minimum of one is required: check all that apply) _ Surface Soil Cracks (136) _Surface Water (Al) _True Aquatic Plants (1314) _Sparsely Vegetated Concave Surface (138) _ High Water Table (A2) —Hydrogen Sulfide Odor (Cl) —Drainage Patterns (1310) _Saturation (A3) _Oxidized Rhizospheres on Living Roots (C3) —Moss Trim Lines (1316) —Water Marks (131) —Presence of Reduced Iron (C4) _ Dry -Season Water Table (C2) _Sediment Deposits (132) _Recent Iron Reduction in Tilled Soils (C6) _Crayfish Burrows (C8) _ Drift Deposits (133) _Thin Muck Surface (C7) _ Saturation Visible on Aerial Imagery (C9) _Algal Mat or Crust (134) _Other (Explain in Remarks) _Stunted or Stressed Plants (D1) —Iron Deposits (135) _ Geomorphic Position (D2) —Inundation Visible on Aerial Imagery (137) —Shallow Aquitard (D3) —Water-Stained Leaves (139) _ Microtopographic Relief (D4) Aquatic Fauna (1313) FAC-Neutral Test (D5) Field Observations: Surface Water Present? Yes No X Depth (inches): Water Table Present? Yes No X Depth (inches): Saturation Present? Yes No X Depth (inches): Wetland Hydrology Present? Yes No X (includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: US Army Corps of Engineers Eastern Mountains and Piedmont — Version 2.0 VEGETATION (Four Strata) - Use scientific names of plants. Sampling Point: UPL1 Tree Stratum (Plot size: ) 1. Liquidambar styraciflua 2. Acer rubrum 3. Pinus taeda 4. 5. 6. 7. 50% of total cover: 15 Saplinq/Shrub Stratum (Plot size: ) 1. Ligustrum sinense 2 3. 4. 5. 6. 7. 8. 9. 50% of total cover: _ Herb Stratum (Plot size: ) 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 50% of total cover: _ Woody Vine Stratum (Plot size: ) 1. 2. 3. 4. 5. Absolute Dominant Indicato % Cover Species? Status 10 Yes FAC 10 Yes FAC 10 Yes FAC 30 =Total Cover 20% of total cover: 6 10 Yes FACU 10 =Total Cover 5 20% of total cover: _=Total Cover 20% of total cover: =Total Cover 50% of total cover: 20% of total cover: Remarks: (Include photo numbers here or on a separate sheet.) 2 Dominance Test worksheet: Number of Dominant Species That Are OBL, FACW, or FAC: 3 (A) Total Number of Dominant Species Across All Strata: 4 (B) Percent of Dominant Species That Are OBL, FACW, or FAC: 75.0% (A/B) Prevalence Index worksheet: Total % Cover of: Multiply by: OBL species 0 x 1 = 0 FACW species 0 x 2 = 0 FAC species 30 x 3 = 90 FACU species 10 x 4 = 40 UPL species 0 x 5 = 0 Column Totals: 40 (A) 130 (B) Prevalence Index = B/A = 3.25 Hydrophytic Vegetation Indicators: _ 1 - Rapid Test for Hydrophytic Vegetation X 2 - Dominance Test is >50% 3 - Prevalence Index is !2.0' 4 - Morphological Adaptations' (Provide supporting data in Remarks or on a separate sheet) Problematic Hydrophytic Vegetation' (Explain) 'Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problematic. Definitions of Four Vegetation Strata: Tree - Woody plants, excluding vines, 3 in. (7.6 cm) or more in diameter at breast height (DBH), regardless of height. Sapling/Shrub - Woody plants, excluding vines, less than 3 in. DBH and greater than or equal to 3.28 ft (1 m) tall. Herb - All herbaceous (non -woody) plants, regardless of size, and woody plants less than 3.28 ft tall. Woody Vine - All woody vines greater than 3.28 ft in height. Hydrophytic Vegetation Present? Yes X No US Army Corps of Engineers Eastern Mountains and Piedmont -Version 2.0 SOIL Sampling Point: UPL1 Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color (moist) % Color (moist) % Types Loc2 Texture Remarks 0-24 10YR 5/4 95 10YR 4/3 5 D PL/M Loamy/Clayey Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains. 2Location: PL=Pore Lining, M=Matrix. Hydric Soil Indicators. Indicators for Problematic Hydric Soils3: _ Histosol (Al) _ Polyvalue Below Surface (S8) (MLRA 147, 148) _ 2 cm Muck (A10) (MLRA 147) Histic Epipedon (A2) _Thin Dark Surface (S9) (MLRA 147, 148) _Coast Prairie Redox (A16) —Black Histic (A3) —Loamy Mucky Mineral (F1) (MLRA 136) (MLRA 147, 148) —Hydrogen Sulfide (A4) —Loamy Gleyed Matrix (F2) —Piedmont Floodplain Soils (F19) —Stratified Layers (A5) _ Depleted Matrix (F3) (MLRA 136, 147) _ 2 cm Muck (A10) (LRR N) _ Redox Dark Surface (F6) —Red Parent Material (F21) _ Depleted Below Dark Surface (A11) _ Depleted Dark Surface (F7) (outside MLRA 127, 147, 148) _Thick Dark Surface (Al2) _Redox Depressions (F8) _Very Shallow Dark Surface (F22) _Sandy Mucky Mineral (S1) _Iron -Manganese Masses (F12) (LRR N, _Other (Explain in Remarks) Gleyed Matrix (S4) MLRA 136) —Sandy —Sandy Redox (S5) _ Umbric Surface (F13) (MLRA 122, 136) 3Indicators of hydrophytic vegetation and —Stripped Matrix (S6) _ Piedmont Floodplain Soils (F19) (MLRA 148) wetland hydrology must be present, Dark Surface (S7) Red Parent Material (F21) (MLRA 127, 147, 148) unless disturbed or problematic. Restrictive Layer (if observed): Type: Depth (inches): Hydric Soil Present? Yes No X Remarks: This data sheet is revised from Eastern Mountains and Piedmont Regional Supplement Version 2.0 to include the NRCS Field Indicators of Hydric Soils, Version 8.0, 2016. US Army Corps of Engineers Eastern Mountains and Piedmont —Version 2.0