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HomeMy WebLinkAbout20240608 Ver 1_Permit Application Package_Canova Crossing Site_Conover-Catawba County-NC_4-23-24_20240423Lowrys Environmental & Ecological Services, LLC 1823 Quinn Road Chester, South Carolina 29706 Phone 803-992-0910 April 23, 2024 US Army Corps of Engineers Regulatory Branch Charlotte Field Office North Carolina Division of Water Resources 401 and Buffer Permitting Branch Mooresville Field Office RE: Canova Crossing Site Nationwide Permit 29 (NCDWR Certification No. 4256) City of Conover, Catawba County, North Carolina Lowrys Environmental & Ecological Services, LLC (LEES) has prepared a permit application for the use of Nationwide Permit 29 (NCDWR Certification No. 4256) in order for the applicant to construct a new residential development. The project area is located at 613 County Home Road in the City of Conover, Catawba County, North Carolina. The following documents, figures, etc. are provided to aid in your review of the project. Should you have any questions regarding the project, please do not hesitate contacting me. We look forward to working with you on this project. Sincerely yours, S. Paul Petitgout President/Managing Member Attachments TABLE OF CONTENTS Application Property Ownership Information Agent Authorization and Right of Entry Documentation General Location Figures Engineering Figures Cultural Resources (NC HPO) Documentation Threatened & Endangered Species Information Jurisdictional Determination (Delineation Concurrence) Request Adjacent Property Owners NORTH CAROLINA Environmental Quality Water Resources Office Use Only Corps Action ID no. N/A Date received: rClick to enter.] DWR project no. :lick enter.] Date received: [Click to enter.] Site Coordinates: Latitude (DD.DDDDDD): 35.714040 N Longitude (DD.DDDDDD): 81.223817 W Form Version 4.3, February 22, 2024 Pre -Construction Notification (PCN) Form (Ver. 4.3, February 22, 2024) 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://www.deg. nc.gov/water-resources/pcn-help-document-last-updated-1162024 Page 1 of 21 PCN Form Version 4.3- February 22, 2024 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" "Offer N/A (LOIF) or and Acceptance Lette('. If you are unable to locate your DWI ARPA Funding Project Number, please contact Corey Basinger at corey.basinger@ncdenr.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: N/A If yes, NCDOT WBS number: N/A ❑x Section 404 Permit (wetlands, streams, waters, Clean Water Act) la. 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. * N/A ❑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. 1c. Has the NWP or GP number been verified by the Corps? ❑ Yes ❑x No NWP number(s) (list all numbers ): NWP 29 RGP number(s) (list all numbers ): N/A Are you a federal applicant? ❑ Yes ❑x No If yes, please provide a statement concerning compliance with the Coastal Zone Management Act N/A 1d. Type(s) of approval sought from DWR (check all that apply): ❑x 401 Water Quality Certification — Regular ❑ 401 Water Quality Certification— Express ❑ Non-404 Jurisdictional General Permit ❑ Riparian Buffer Authorization ❑ Individual 401 Water Quality Certification Is this a courtesy copy notification ❑ Yes ❑x No Page 2 of 21 PCN Form Version 4.3- February 22, 2024 1e. 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 1 f. Is this an after -the -fact permit/certification application? * ❑ Yes ❑x No 1 g. 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 21 PCN Form Version 4.3- February 22, 2024 B. Applicant Information 1a. Who is the primary contact? S. Paul Petitgout 1 b. Primary Contact Email: ppetitgout@gmail.com 1 c. Primary Contact Phone: (###)###-#### 803-992-0910 1 d. Who is applying for the permit/certification? (check all that apply) ❑ Owner 0 Applicant (other than owner) 1e. Is there an agent/consultant for this project? ® Yes ❑ No 2. Landowner Information 2a. Name(s) on Recorded Deed: County Home Road, LLC 2b. Deed Book and Page No.: DB 2119 PG 1933 2c. Contact Person (for corporations): Click to enter. 2d. Address Street Address: 375 10th Avenue Drive NE Address line 2: Click to enter. City: Hickory State/ Province/ Region: NC Postal/Zip Code: 28601-2647 Country: USA 2e. Telephone Number: (###)###-#### Click to enter. 2f. Fax Number: (###)###-#### N/A 2g. Email Address: Click to enter. 3. Applicant Information (if different from owner) 3a. Name: Michael Foess 3b. Business Name (if applicable): Canova Crossing Partners, LLC 3c. Address: Street Address: PO Box 644 Address line 2: Click to enter. City: Cornelius State/ Province/ Region: NC Postal/ Zip Code: 28037 Country USA 3d. Telephone Number: (###)###-#### 704-828-6096 3e Fax Number: (###)###-#### N/A 3f. Email Address: Office.ccp@gmail.com Page 4 of 21 PCN Form Version 4.3- February 22, 2024 4. Agent/ Consultant (if applicable) 4a. Name: S. Paul Petitgout 4b. Business Name: Lowrys Environmental & Ecological Services, LLC 4c. Address: Street Address: 1823 Quinn Road Address line 2: Click to entt City: Chester State/ Province/ Region: SC Postal/ Zip Code: 29706 Country: USA 4d. Telephone Number: (###)###-#### 803-992-0910 4e Fax Number: (###)###-#### N/A 4f. Email Address: ppetitgout@gmail.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/Re.gulatory-Permit-Program/Permits/2017-Nationwide-Permits/Pre- construction-Notification/ Page 5 of 21 PCN Form Version 4.3- February 22, 2024 C. Project Information and Prior Project History 1. Project Information 1 a. Name of project: * Canova Crossing 1 b. Subdivision name (if appropriate): Canova Crossing 1c. Nearest municipality/town: * Conover, Catawba County, NC 2. Project Identification 2a. Property identification number (tax PIN or parcel ID): 373220929103 2b. Property size (in acres): ±14-acres 2c. Project Address: Street Address: 613 County Home Road Address line 2: Click to enter. City: Conover State/ Province/ Region: NC Postal/ Zip Code: 28613 Country: USA 2d. Site coordinates in decimal degrees (using 4-6 digits after the decimal point): * Latitude (DD.DDDDDD): * 35.714040 N Longitude (-DD.DDDDDD): *-81.223817 W 3. Surface Waters 3a. Name of nearest body of water to proposed project: * UT to Lyle Creek 3b. Water Resources Classification of nearest receiving C water: * The Surface Water Classification map may be found at this link: htti)s://exi)erience.arcg is.com/experience/7073e9l 22ab74588b8c48ded34c3df55/ 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 030501011102 located: The Find Your HUC map may be found at this link: https://ncdenr.maps.arcgis.com/apps/Publiclnformation/index.html?appid=ad3a85aOc6d644aOb97cdO69db238ac3 Page 6 of 21 PCN Form Version 4.3- February 22, 2024 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: NC Land Cover Categories that generally occur on site: 4 Forest land 41 Broadleaf Deciduous Forest Land 419 Other Deciduous Broadleaf Forest Land 5 Water Bodies 53 Linear Drainage (stream) 59 Other Water Bodies (wetlands). NC Land Use Categories that occur on site: 1 Urban and Developed Land 1.06 Communications and Utilities 1.06.03 Water and Wastewater Utilities 1.06.03.02 Sewage Collection & Treatment 3 Active Forest Management and Harvesting 3.02 Passively Managed Forest Stands 4 Water Bodies 4.99 Non -Used or Passively Used Water Bodies. Current Site Conditions: The subject property is currently comprised mainly forested land with a small utility right of way (sewer). Jurisdictional waters of the US were classified according to USACE and NCDWR guidance. The results of the jurisdictional determination investigation indicated that there was one jurisdictional stream present within the subject property. Streams SA occurs on site and is perennial. Stream SA also forms the western property boundary. Streams SA is considered an unnamed tributary of Lyle Creek, which is a part of the Catawba River Basin (HUC# 03050101)(USGS 1974). Additionally, there is one jurisdictional wetland located within the project area (Wetland WA). Wetland WA is a forested wetland, dominated by sweetgum (Liquidambar styraciflua), red maple (Acer rubrum), American elm (Ulmus americana), and water oak (Quercus nigra) in the upper and mid -story. The understory contains grape vines (Vitis rotundifolia). Land use in the vicinity of the project consists of residential and commercial development, with only limited areas that have not been previously developed. 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 N/A Action ID (ex. SAW-0000-00000): N/A Attach any pertinent project history documentation 4b2. Is any portion of the work already complete? ❑ Yes ❑x No If yes, describe the completed work. N/A 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. N/A 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 0.423 acres property: 4g. List the total estimated linear feet of all existing streams (intermittent 1,159 linear feet and perennial) on the property: 4g1. List the total estimated acreage of all existing open waters on the 0.0 acres property: Page 7 of 21 PCN Form Version 4.3- February 22, 2024 4h. Explain the purpose of the proposed project: The growth of the housing market in and around the Hickory -Newton -Conover area (just outside the greater Charlotte metropolitan area) has been enormous since the end of the "Great Recession." The demand for housing has skyrocketed since 2011. However, within the last few quarters, growth of the area has been increasing, suggesting that the housing market may not respond to the changing economic forecasts as previously predicted. In fact, demand is still extremely high. Currently, demand is still extremely strong in all portions of the greater Charlotte metropolitan area. With this in mind, the applicant proposes to construct a ±14- acre residential development. The overall purpose of the project is to provide additional housing to meet the growing needs of this area of Hickory -Newton -Conover area. 4i. Describe the overall project in detail, including the type of equipment to be used: The project consists of the following impact: Impact Area W1 (Wetland WA) consists of 0.147-acre of permanent wetland impact for the purpose constructing required infrastructure (fill) to support the development (dwellings and road). Without this impact, the grading would be extremely steep and would tie out near the roadway, eliminating a significant number of dwelling units. Typical construction equipment will be used for this project. Those pieces of equipment include, but are not limited to: bulldozers, track hoes, dump trucks, 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. N/A Page 8 of 21 PCN Form Version 4.3- February 22, 2024 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, ❑ Preliminary ❑ Approved ❑ Emailed concurrence what type of determination was made? ❑x Not Verified ❑ Unknown ❑ n/a Corps AID number (ex. SAW-0000-00000): N/A Name (if known): S. Paul Petitgout 5c. If 5a is yes, who delineated the jurisdictional Agency/Consultant Company: Lowrys Environmental & areas? Ecological Services, LLC Other: r;lick to enter 5d. List the dates of the Corps jurisdictional determination or State determination if a determination was made by either agency. N/A 5d1. Attach jurisdictional determinations. 6. Future Project Plans 6a. Is this a phased project? ❑ Yes ❑x No 6b. If yes, explain. N/A 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. No 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) Attached 8. Scheduling of activity: As soon as all permits and certification have been obtained. Page 9 of 21 PCN Form Version 4.3- February 22, 2024 D. Proposed Impacts Inventory Impacts Summary ❑x Wetlands ❑ 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 Fill (Incl. Riprap) Permanent Bottomland Hardwood Forest WA Yes Both 0.147 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 Temp/ 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 0.0 ac 2g2. Total permanent wetland impacts 0.147 ac 2g3. Total wetland impacts 0.147 ac 2h. Type(s) of material being discharged and the amount of each type in cubic yards: Clean fill dirt ±2,400 cubic yards 2i. Comments: N/A Page 10 of 21 PCN Form Version 4.3- February 22, 2024 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 Site #* 3a Impact Reason* 3b. Impact Duration 3c. Impact Type* 3d. Stream Name* 3e. Stream Type* 3f. Jurisdiction Type 3g. Stream Width (avg ft) 3h. Impact length (linear ft) S1 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S2 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S3 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S4 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S5 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S6 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter 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 impact: 0.0 linear ft 3i2. Total permanent stream impacts: 0.0 linear ft M. Total temporary stream impacts: 0.0 linear ft 34. Total stream and ditch impacts: 0.0 linear ft 3j. Comments: No stream impacts are proposed as a part of this project. Page 11 of 21 PCN Form Version 4.3- February 22, 2024 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 0.0 ac 4g. Total permanent open water impacts 0.0 ac 4g. Total open water impacts 0.0 ac 4h. Comments: No open water impacts are proposed as a part of this project 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. enter. 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 to enter. enter. enter. enter. enter. enter. enter. 5g. Comments: N/A 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: N/A Page 12 of 21 PCN Form Version 4.3- February 22, 2024 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 ❑ 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 134 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. 137 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: N/A Please attach supporting documentation (impact maps, plan sheets, etc.) for the proposed project. Page 13 of 21 PCN Form Version 4.3- February 22, 2024 E. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts through project design: Initially, the project was designed to avoid all wetland impacts. This was not a feasible alternative as the site did not generate enough lots to make the project feasible. At this point, it was determined that with the significant topography located on site, the use of retaining walls would be studied in order to eliminate as much wetland impact as possible while still meeting the overall project purpose and need. One large retaining wall was designed to protect approximately 65% of the total wetland area (approximately 35% of the wetland area is filled for the project in order to meet the overall project purpose and need. It should also be noted that there will be no stream impacts associated with this project. 1 b. Specifically describe measures taken to avoid or minimize proposed impacts through construction techniques: As was mentioned above, the use of a large retaining wall allowed the design engineer to protect approximately 65% of the total wetland area on site. 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? ❑x 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: Clic., ,., enter. 3b. Credits purchased/requested: Type: Choose one Quantity Click to entc Type: Choose one Quantity Click to enter. Type: Choose one Quantity Click to enter. Attach receipt and/or approval letter. 3c. Comments: N/A 4. Complete if Using an In Lieu Fee Program 4a. Attach approval letter from in lieu fee program. 4b. Stream mitigation requested: 0.0 linear feet 4c. If using stream mitigation, what is the stream temperature: unoose onE 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.ops.usace.armV.miI/ords/f?p=107:2:::::: 4d. Buffer mitigation requested (DWR only): 0.0 square feet 4e. Riparian wetland mitigation requested: 0.147 acres Page 14 of 21 PCN Form Version 4.3- February 22, 2024 4f. Non -riparian wetland mitigation requested: I 0.0 acres I 4g. Coastal (tidal) wetland mitigation requested: 1 0.0 acres 4h. Comments: The wetland impact is 0.147-acres. The NCWAM worksheet (not included) scored High which would require a 2:1 ratio. For this project, 0.294-acres will be required to mitigate for the 0.147-acre impact. 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. N/A 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 Click to enter. Click to enter. Choose one Click to enter. Zone 2 Click to enter. Click to enter. Choose one Click to enter. 6f. Total buffer mitigation required Click 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: N/A Page 15 of 21 PCN Form Version 4.3- February 22, 2024 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 ❑x 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) ❑ 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? * ❑ 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://rer)orts.oah.state.nc. us/ncac/title%2015a%20-%20environmental%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 16 of 21 PCN Form Version 4.3- February 22, 2024 Please identify which local government stormwater program you are using. City of Conover, NC State Stormwater Programs 0 Phase II ❑ HQW or ORW ❑ Coastal Counties ❑ Other Comments: Stormwater plan has not received final approval from the City of Conover, NC. A copy of the stormwater plan is available upon request. Page 17 of 21 PCN Form Version 4.3- February 22, 2024 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: N/A 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): N/A 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: This project is a single phase project that will not require any additional impacts beyond the single impact proposed in this application. 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? * ® Yes ❑ No ❑ N/A Page 18 of 21 PCN Form Version 4.3- February 22, 2024 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. Sewage treatment will be carried out by the local municipality. Sewer is currently available on -site. We do not currently have the sewer capacity, but it can be requested from the local municipality, if needed. 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.gov1) 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? N/A 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? USFWS iPac Species List for the site and determination key for northern long-eared bat (attached). Additionally, a survey was conducted across the site for the presence of dwarf flowered heartleaf on April 26, 2023. Pedestrian transects were set up approximately every 25 feet. The results of this survey were that no specimens of dwarf flowered heartleaf were discovered during the survey. Additionally, the site was revisited on March 29, 2024. A formal survey was not conducted during this visit, however a relatively large portion of the site was walked and no specimens of dwarf flowered heartleaf were observed. Page 19 of 21 PCN Form Version 4.3- February 22, 2024 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 Will this project affect submerged aquatic vegetation? * ❑ Yes ❑x No ❑ Unknown Explain: No submerged aquatic vegetation is located on site. 6b. What data source(s) did you use to determine whether your site would impact Essential Fish Habitat? NOAA NMFS Inland Essential Fish Habitat Mapper (2024) 7. Historic or Prehistoric Cultural Resources (Corps Requirement) Link to the State Historic Preservation Office Historic Properties Map (does not include archaeological data): http://,qis.ncdcr.gov/hpoweb/ 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status (e.g., National Historic Trust designation or ❑ 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? (1) HPOWEB 2.0 for NCDOT & Consultants (2) NCNHP Database Feature Search (SHPO Layer — all surveyed resources). 7c. Attach historic or prehistoric documentation. 8. Flood Zone Designation (Corps Requirement) Link to the FEMA Floodplain Maps: https://msc.fema.gov/portal/search 8a. Will this project occur in a FEMA-designated 100-year floodplain? ❑ Yes ❑x No 8b. If yes, explain how the project meets FEMA requirements. N/A 8c. What source(s) did you use to make the floodplain determination? FEMA FIRMS 3710373200J & 3710374200J H. Miscellaneous Comments: Click to enter. Page 20 of 21 PCN Form Version 4.3- February 22, 2024 Attach pertinent documentation or attachments not previously requested 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: * S. Paul Petitgout Signature: Date: * 4/23/2024 Page 21 of 21 PCN Form Version 4.3- February 22, 2024 PROPERTY OWNERSHIP INFORMATION Parcel Report - Catawba County NC Parcel Information: Parcel ID: 373220929103 Parcel Address: 613 COUNTY HOME RD City: CONOVER, 28613 LRK(REID): 18339 Deed Book/Page: 2119/1933 Subdivision: Lots/Block: 1 &2&ADJ/ Last Valid Sale: Plat Book/Page: 17/23 Legal: LOT 1&2&ADJ 1&2+ADJ PROP PL17-23 PL 17-23 Calculated Acreage: 13.810 Tax Map: 017C 03032 Township: NEWTON State Road #: Tax/Value Information: Tax Rates City Tax District: CONOVER County Fire District: All in City Building(s) Value: $0 Land Value: $105,800 Assessed Total Value: $105,800 Year Built/Remodeled: / Tax Revaluation 2023: Info, COMPER Online Appeals Valid Sales (COMPER) for this parcel Contact Tax Dept. at 828-465-8436 Current Tax Bill Miscellaneous: Current: If available, Building Permits for this parcel. Before 12/4/23: Building Permit Address Search for this parcel. If available, Building Permits for this parcel. Septic links are not permits. Septic Final Permits prior to 08/2018, contact Environmental Health. Building Details Watershed: Voter Precinct: P7/ Voting Map Parcel Report Data Descriptions List all Owners Deed History Report Owner Information: Owner: COUNTY HOME ROAD LLC Owner2: Address: 375 10TH AVENUE DR NE Address2: City: HICKORY State/Zip: NC 28601-2647 Update owner mailing address School Information: School District: NEWTON CONOVER Elementary School: SHUFORD Middle School: NEWTON CONOVER High School: NEWTON CONOVER School Map Zoning Information: Zoning District: CONOVER Zonings: R-9-CD Zoning2: Zoning3: Zoning Overlay: Small Area: Split Zoning Districts: / Zoning Agency Phone Numbers Firm Panel Date: 2007-09-05 Firm Panel #: 2010 Census Block: 3006 2010 Census Tract: 010202 Agricultural District: Assessment Report This map/report product was prepared from the Catawba County, NC Geospatial Information Services. Catawba County has made substanfial effort. to ensure the accuracy of location and labeling information contained on this map or data on this report. Catawba County promotes and recommends the independent verification of any data contained on this mapfreport product by the user. The County of Catawba, it. employees, agent., and personnel, disclaim, and shall rut be held liable for arty and all damages, lose or liability, whether direct, indirector consequenfial which arises or may arise from this map/report product or the use thereof by any person or entity. ® 2024, Catawba County Government, North Carolina. All rights reserved. AGENT AUTHORIZATION AND RIGHT OF ENTRY DOCUMENTATION PROJECT NAME: Canova Crossing PARCEL ID: 373220929103 PROJECT STREET ADDRESS: 613 County Home Road Conover, NC 28613 AGENT AUTHORIZATION FORM APPLICANT: Canova Crossing Partners LLC — Michael Foess APPLICANT'S ADDRESS: PO Box 644 Cornelius, NC 28031 The undersigned, registered property owner(s) of the above noted property, do hereby authorize S. Paul Petit2out, of Lowrvs Environmental & Ecological Services, LLC, (Contractor / Agent) (Name of consulting firm) to act on my behalf and take all actions necessary for the processing, issuance and acceptance of this Jurisdictional Determination, Permit or Certification and any and all standard and special conditions attached. AUTHORIZED SIGNATURE: DATE: 1-3-24 RIGHT OF ENTRY AUTHORIZATION By signing below, I authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) and/or NC Division of Water Resources (NCDWR) to enter upon the property herein described (accompanied by the authorized agent) for the purpose of conducting on -site investigations, if necessary, and issuing a jurisdictional determination and/or permit pursuant to Section 404/401 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. I, the undersigned, am a duly authorized owner of record of the property identified herein. APPLICANT: Canova Crossing Partners LLC — Michael Foess APPLICANT"S ADDRESS: PO Box 644 Cornelius, NC 28031 I hereby certify the above information submitted in this jurisdictional determination/application is true and accurate to the best of our knowledge. AUTHORIZED SIGNATURE:. `{s DATE: 1-3-24 GENERAL LOCATION FIGURES y WRYL'AN 'DR �oR a °0 NORTR�RN � N pR 0R��0519 0 _n )� •.� � 'z p /NV 77 RN D NW HICK k RY b r f z n o 'p �i O m 73rH s T NW q°O 1 W aaa - o �m loaa - 0 0 RO STH 5T NE ('-,DOD/. 7rh'ST 2 RE'fTPLiyE 0 �CONOVER 7A q j Q 1 , zNp sT-SW Canova Crossing Site' STF or SW �000 2N Z ±14-acres a�MGAR��� �g ' 3Rfl STREF i PL SW -a r sT �q0 � s � © F� j 70 �qti a 6 TH'ST SW I 5� h� P� LLJ 4ypR y � ix . w z O W BOUNDARY ST z o t- •m p��SE ••` m l 3� iy I/ Canova Crossing Site 0 1,000 2,000 n l - Feet 1 inch equals 2,000 feet WDTH ST m � E 7- Source: USGS 1:24,000 Newton, NC (2022) Disclaimer: The information depicted on this figure is for informational purposes only and was not prepared for, and {d 'P is not suitable for legal or engineering purposes. j 1 Canova Crossing Site Lowrys Environmental 8� City of Conover, Catawba County, North Carolina USGS 1:24,000 Topographic Map Ecological Services, LLC 1823 Quinn Road Drawn By: SPP Date: 1-3-24 Rev. Chester, South Carolina 29706 Project Mgr. SPP Scale: 1:24,000 Sheet: 1 803-992-0910 k titifl � }~k511 I 5 � • � �y _ � � —. k r5' ��yLL x t l � � � � rff Y} x' 7 �r� ~,•� I �LSLy �I k ��� � � � �~• +~ � � �r ��'�}� � r� � r —�~••• � r�"-��a I '�}yyxl yy5�• � 5titi I ��rrf/v I / � J '' rM1• /� � I �� 1 5L{{L 1 ��1- � /�,���� +• r � rr�+*++�' �� .� ti` • kx f•• •1vy j � � � ltiF`�I f -"�� /� Il I '�� !r+�Jr ��—'- - I I + I r 'l :'T �•,`` x�X' •mil 1 q�•�}'Jr rl rrl � � Ii � r,� �f r rr � � � I kx �+•fir � ', �.' �l�'� + �} • r I I � �.�� L 1 + jJf '� 'SL Ir�rr r+ �r i r�11 r 1 'f ,� I I � iL by � � F5• � � I � � I ti 5pT • � f � r t_ f I 1 l r j i• r � ! Ir r � I �� '�7 r ' y } Canova Crossing Site � rrr•_¢ .'��•5� 1 ' ' ' rr+ I +14-acres 1 Ire 11 I r_ I f— __ F� L k ' S , . %rr r r } � � •.% k L� I ,. y 5 ti 55 �� '• ' IIL I I 4 k + + ma y , }I'S ��L+I k r x ti k,+' 'ti 4a `, J I ~k--Y' Canova Crossing Site Scale: Notto Scale Source: Catawba County, NC GIS (2024) Disclaimer: The information depicted on this figure is for informational purposes only and was not prepared for, and is not suitable for legal or engineering purposes. Canova Crossing Site Lowrys Environmental 8� City of Conover, Catawba County, North Carolina Catawba County, NC GIS Topographic Map Ecological Services, LLC Drawn By: SPP Date: 1-3-24 Rev. 1823 Quinn Road Chester, South Carolina 29706 Project Mgr. SPP Scale: Not to Scale Sheet: 2 803-992-0910 T 45 - - 41 Canova Crossing Site Scale: Notto Scale Source: Catawba County, NC GIS (2024) Disclaimer: The information depicted on this figure is for informational purposes only and was not prepared for, and is not suitable for legal or engineering purposes. Canova Crossing Site Lowrys Environmental 8� City of Conover, Catawba County, North Carolina Catawba County, NC GIS Aerial Map Ecological Services, LLC Drawn By: SPP Date: 1-3-24 Rev. 1823 Quinn Road Chester, South Carolina 29706 Project Mgr. SPP Scale: Not to Scale Sheet: 3 803-992-0910 Canova Crossing Site City of Conover, Catawba County, North Carolina USDA NRCS Soil Survey Map Drawn By: SPP Date: 1-3-24 Rev. Project Mgr. SPP Scale: 1:12,000 Sheet: 4 Lowrys Environmental 8, Ecological Services, LLC 1823 Quinn Road Chester, South Carolina 29706 803-992-0910 National Wetlands Inventory Wetlands Wetlands Lj QEstuarine and Marine Deepwater . Estuarine and Marine Wetland Canova Crossing Site Scale: As Shown Source: USFWS NWI Mapper (2024) Disclaimer: The information depicted on this figure is for informational purposes only and was not prepared for, and is not suitable for legal or engineering purposes. Canova Crossing Site City of Conover, Catawba County, North Carolina USFWS National Wetlands Inventory Map Drawn By: SPP I Date: 1-3-24 1 Rev. Project Mgr. SPP I Scale: As Shown I Sheet: 5 Freshwater Emergent Wetland Freshwater Forested/Shrub Wetland Freshwater Pond Lowrys Environmental 8, Ecological Services, LLC 1823 Quinn Road Chester, South Carolina 29706 803-992-0910 k titifl � }~k511 I 5 � • � �y _ � � -. k r5' ��yLL x t l � � � � rff Y} x' 7 �r� ~,•� I �LSLy �I k I Ile / x! rI Ir ' 1 lr f r I % �•.. r � r � rr � � � I kx r � ', �.'�� I + L.�• IF •l I I i r�' k I ti 5, fir' rr 1 I • 5 1 I 4 IF r2, FS• A f I ' S I', 5� �y 55 � I r � ,r r � f + � �' 1 %'; ` ell r r ! � } Canova Crossing Site rrr ?l �� ±14-acres 5I I IF— IFL F. r .''4�.M13. -yam Lti y I + ' r�,rr- x� t ti', I ti y r r I I_ _ )�. i k51 — k 4��� �• � � � � ;1� �����s�}I'S k}FI r rL L —#— i— }� I }'Ir' S ti I I ++. 5 55 k'. I.- I ~k--Y' — Canova Crossing Site Scale: Notto Scale Features 49W Source: Catawba County, NC GIS (2024) Non -Wetland Waters SA: ±1,159 LF (±0.319-ac) Disclaimer: The information depicted on thisfgure isfor informational purposes only and was not prepared for, and Wetland WA: ±0.423-ac is not suitable for legal or engineering purposes. Canova Crossing Site Lowrys Environmental 8� City of Conover, Catawba County, North Carolina Delineation Concurrence Map Ecological Services, LLC Drawn By: SPP Date: 1-3-24 Rev. 1823 Quinn Road Chester, South Carolina 29706 Project Mgr. SPP Scale: Not to Scale Sheet: 6 803-992-0910 ENGINEERING FIGURES H z L LI a O J L LI L LI C) L LI a L0 w O LU w w U) w Qo a zl �N Wz z ul z w H z W a 0 J W w cl Nw LL a H m 2 X W U) cl z J H w 0 Z_ U) U) 0 U 0 z Q U �o V ' � I .N W z z zz w H z w a 0 J W W cl FL U) 0 a LO w O M H w w U) w a a • u a ZI �N Wz z ul z w z w a O J W W cl H U O a m_ X w U) 0 z Q J H W 0 z U) U) O U O z Q U 01 z a .N W z z ul z w 0 0 0 Ln co Ln It r7 L0 0 L0 LU w w Z = o U) U W U) J U M o U O I(L N LL m Z CULTURAL RESOURCES (NC HPO) GRAPHIC CANOVA CROSSING SITE 0.5-Mile Radius Switch Basemap Add Resources Create Project Layers Make a Map Feature Search Resource: 14: All surveyed resources 0 Resource Visibility: Attribute Search Spatial Search ✓ Show Spatial Graphic Search Nili Results NC Historic Resources (SHPO) 14: All surveyed resources (1 fou Hunsucker Family House Not Eligible Table Details I - ?J -------------- W ?� _ r E y� L61 gch St NW r qp d1h544E 4 Tth i b 4 O � Y 2 U., ry i 6ch 51 NE � v 6rA i �•�� ` � COr�OVCr pe 4 Fccyea SoutM�••-. �e�ghln4rn��<< Part �k 4a c 0a w _-------4--------- - Qo` y� a �S f Cp Ck tSrF v a A Ew � THREATENED & ENDANGERED SPECIES INFORMATION United States Department of the Interior FISH AND WILDLIFE SERVICE Asheville Ecological Services Field Office 160 Zillicoa Street, Suite B Asheville, NC 28801-1082 Phone: (828) 258-3939 Fax: (828) 258-5330 In Reply Refer To: Project Code: 2024-0079919 Project Name: Canova Crossing e x hSai k 4YYFJiYJft +cfln7i� i� 04/22/2024 13:33:40 UTC Subject: List of threatened and endangered species that may occur in your proposed project location or may be affected by your proposed project To Whom It May Concern: The enclosed species list identifies threatened, endangered, proposed and candidate species, as well as proposed and designated critical habitat, that may occur within the boundary of your proposed project and/or may be affected by your proposed project. The enclosed species list fulfills the requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). Please note that new species information can change your official species list. Under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act, the accuracy of this species list should be verified after 90 days. The Service recommends you visit the ECOS-IPaC website at regular intervals during project planning and implementation to ensure your species list is accurate or obtain an updated species list. The purpose of the Act is to provide a means whereby threatened and endangered species and the ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to utilize their authorities to carry out programs for the conservation of threatened and endangered species and to determine whether projects may affect threatened and endangered species and/or designated critical habitat. A biological assessment (BA) or biological evaluation (BE) should be completed for your project. A BA is required for major construction activities (or other undertakings having similar physical impacts) considered to be Federal actions significantly affecting the quality of the human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2) (c)) (NEPA). For projects other than major construction activities, the Service suggests that a BE be prepared to determine effects of the action and whether those effects may affect listed species and/or designated critical habitat. Effects of the action are all consequences to listed species or critical habitat that are caused by the proposed action, including the consequences of other Project code: 2024-0079919 04/22/2024 13:33:40 UTC activities that are caused by the proposed action. A consequence is caused by the proposed action if it is reasonably certain to occur and would not occur "but for" the proposed action.. Recommended contents of a BA/BE are described at 50 CFR 402.12. More information and resources about project review and preparing a BA/BE can be found at the following web link: https://www.fws. gov/office/asheville-ecological-services/asheville-field-office-online-review- process-overview. If a Federal agency determines listed species and/or designated critical habitat may be affected by the proposed project, the agency is required to consult with the Service pursuant to 50 CFR 402. The Service is not required to concur with "no effect" determinations from Federal action agencies. If consultation is required, the Service recommends that candidate species, proposed species, proposed critical habitat, and at -risk species be addressed within the consultation. More information on the regulations and procedures for section 7 consultation, including the role of permit or licensed applicants, can be found in the "Endangered Species Consultation Handbook" at the following web link: https://www.fws.gov/media/endangered-species-consultation- handbook. Migratory Birds: In addition to responsibilities to protect threatened and endangered species under the Act, there are additional responsibilities under the Migratory Bird Treaty Act (MBTA) and the Bald and Golden Eagle Protection Act (BGEPA) to protect native birds from project - related impacts. Any activity, intentional or unintentional, resulting in take of migratory birds, including eagles, is prohibited unless otherwise permitted by the Service (50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)). More information about MBTA and BGEPA can be found at the following web link: https://www.fws.gov/program/migratory-birds. We appreciate your consideration of Federally listed species. The Service encourages Federal agencies to include conservation of threatened and endangered species in their project planning to further the purposes of the Act. Please contact our staff at 828-258-3939, if you have any questions. In any future correspondence concerning this project, please reference the Consultation Code which can be found in the header of this letter. Attachment(s): • Official Species List • USFWS National Wildlife Refuges and Fish Hatcheries • Bald & Golden Eagles • Migratory Birds • Wetlands OFFICIAL SPECIES LIST This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the requirement for Federal agencies to "request of the Secretary of the Interior information whether 2of10 Project code: 2024-0079919 04/22/2024 13:33:40 UTC any species which is listed or proposed to be listed may be present in the area of a proposed action". This species list is provided by: Asheville Ecological Services Field Office 160 Zillicoa Street, Suite B Asheville, NC 28801-1082 (828) 258-3939 3of10 Project code: 2024-0079919 04/22/2024 13:33:40 UTC PROJECT SUMMARY Project Code: 2024-0079919 Project Name: Canova Crossing Project Type: New Constr - Above Ground Project Description: City of Conover, Catawba County, NC; ±14-ac; Residential Development; ASAP Project Location: The approximate location of the project can be viewed in Google Maps: https: www. google.com/maps/(a)35.714487899999995,-81.22382161676971,14z 1,11 "'J'0� Counties: Catawba County, North Carolina 4of10 Project code: 2024-0079919 04/22/2024 13:33:40 UTC ENDANGERED SPECIES ACT SPECIES There is a total of 5 threatened, endangered, or candidate species on this species list. Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species. Note that 1 of these species should be considered only under certain conditions. IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA Fisheriesi, as USFWS does not have the authority to speak on behalf of NOAA and the Department of Commerce. See the "Critical habitats" section below for those critical habitats that lie wholly or partially within your project area under this office's jurisdiction. Please contact the designated FWS office if you have questions. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce. 5of10 Project code: 2024-0079919 04/22/2024 13:33:40 UTC MAMMALS NAME STATUS Northern Long-eared Bat Myotis septentrionalis Endangered No critical habitat has been designated for this species. This species only needs to be considered under the following conditions: • This species only needs to be considered if the project includes wind turbine operations. Species profile: https:Hecos.fws.gov/ecp/species/9045 Tricolored Bat Perimyotis subflavus Proposed No critical habitat has been designated for this species. Endangered Species profile: https:Hecos.fws.gov/ecp/species/10515 REPTILES NAME STATUS Bog Turtle Glyptemys muhlenbergii Similarity of Population: U.S.A. (GA, NC, SC, TN, VA) Appearance No critical habitat has been designated for this species. (Threatened) Species profile: https:Hecos.fws.gov/ecp/species/6962 INSECTS NAME STATUS Monarch Butterfly Danaus plexippus Candidate No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/9743 FLOWERING PLANTS NAME STATUS Dwarf -flowered Heartleaf Hexastylis nani flora Threatened No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/2458 CRITICAL HABITATS THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. YOU ARE STILL REQUIRED TO DETERMINE IF YOUR PROJECT(S) MAY HAVE EFFECTS ON ALL ABOVE LISTED SPECIES. 6of10 Project code: 2024-0079919 04/22/2024 13:33:40 UTC USFWS NATIONAL WILDLIFE REFUGE LANDS AND FISH HATCHERIES Any activity proposed on lands managed by the National Wildlife Refuge system must undergo a 'Compatibility Determination' conducted by the Refuge. Please contact the individual Refuges to discuss any questions or concerns. THERE ARE NO REFUGE LANDS OR FISH HATCHERIES WITHIN YOUR PROJECT AREA. BALD & GOLDEN EAGLES Bald and golden eagles are protected under the Bald and Golden Eagle Protection Actl and the Migratory Bird Treaty Act2. Any person or organization who plans or conducts activities that may result in impacts to bald or golden eagles, or their habitats3, should follow appropriate regulations and consider implementing appropriate conservation measures, as described in the links below. Specifically, please review the "Supplemental Information on Migratory Birds and Eagles". 1. The Bald and Golden Eagle Protection Act of 1940. 2. The Migratory Birds Treat, Act of 1918. 3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a) THERE ARE NO BALD AND GOLDEN EAGLES WITHIN THE VICINITY OF YOUR PROJECT AREA. MIGRATORY BIRDS Certain birds are protected under the Migratory Bird Treaty Acti and the Bald and Golden Eagle Protection Act2. Any person or organization who plans or conducts activities that may result in impacts to migratory birds, eagles, and their habitats should follow appropriate regulations and consider implementing appropriate conservation measures, as described in the links below. Specifically, please review the "Supplemental Information on Migratory Birds and Eagles". 1. The Migratory Birds Treat. Act of 1918. 2. The Bald and Golden Eagle Protection Act of 1940. 3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a) For guidance on when to schedule activities or implement avoidance and minimization measures to reduce impacts to migratory birds on your list, see the PROBABILITY OF PRESENCE 7of10 Project code: 2024-0079919 04/22/2024 13:33:40 UTC SUMMARY below to see when these birds are most likely to be present and breeding in your project area. NAME BREEDING SEASON Chimney Swift Chaetura pelagica Breeds Mar 15 to Aug This is a Bird of Conservation Concern (BCC) throughout its range in the 25 continental USA and Alaska. https:Hecos.fws.gov/ecp/species/9406 Rusty Blackbird Euphagus carolinus Breeds elsewhere This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions (BCRs) in the continental USA https:Hecos.fws.gov/ecp/species/9478 Wood Thrush Hylocichla mustelina Breeds May 10 to Aug This is a Bird of Conservation Concern (BCC) throughout its range in the 31 continental USA and Alaska. https:Hecos.fws.gov/ecp/species/9431 PROBABILITY OF PRESENCE SUMMARY The graphs below provide our best understanding of when birds of concern are most likely to be present in your project area. This information can be used to tailor and schedule your project activities to avoid or minimize impacts to birds. Please make sure you read "Supplemental Information on Migratory Birds and Eagles", specifically the FAQ section titled "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting to interpret this report. Probability of Presence ( I) Green bars; the bird's relative probability of presence in the 10km grid cell(s) your project overlaps during that week of the year. Breeding Season( ) Yellow bars; liberal estimate of the timeframe inside which the bird breeds across its entire range. Survey Effort (1) Vertical black lines; the number of surveys performed for that species in the 10km grid cell(s) your project area overlaps. No Data (—) A week is marked as having no data if there were no survey events for that week. ■ probability of presence breeding season I survey effort — no data 8of10 Project code: 2024-0079919 04/22/2024 13:33:40 UTC SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Chimney Swift BCC Rangewide +++— ++� ++++ Md hill+� ���� �� . _ , . . (CON) Rusty Blackbird +++— —++' ++++ ++++ ++++ .++— — — — — — — — — — — — — --+— --+— ---+ BCC-BCR Wood Thrush BCC Rangewide�— (CON) Additional information can be found using the following links: • Eagle Management https://www.fws.gov/program/eagle-management • Measures for avoiding and minimizing impacts to birds https://www.fws.gov/libr4�r/ rator. • Nationwide conservation measures for birds https://www.fws.gov/sites/default/files/ documents/nationwide-standard-conservation-measures.pdf • Supplemental Information for Migratory Birds and Eagles in IPaC https://www.fws.gov/ media/SUDDlemental-information-mis7ratorv-birds-and-bald-and-p-olden-eas7les-mav-occur- project-action WETLANDS Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under Section 404 of the Clean Water Act, or other State/Federal statutes. For more information please contact the Regulatory Program of the local U.S. Army Corps of Engineers District. Please note that the NWI data being shown may be out of date. We are currently working to update our NWI data set. We recommend you verify these results with a site visit to determine the actual extent of wetlands on site. RIVERINE • R4SBC 9of10 Project code: 2024-0079919 04/22/2024 13:33:40 UTC IPAC USER CONTACT INFORMATION Agency: Lowrys Environmental & Ecological Services, LLC Name: Paul Petitgout Address: 1823 Quinn Road City: Chester State: SC Zip: 29706 Email ppetitgout@gmail.com Phone: 8039920910 10 of 10 Roy Cooper, Governor 9" 0 INC DEPARTMENT OF ""i ■ WMk.M 1 NATURAL AND CULTURAL RESOURCES ■-000 April 22, 2024 Paul Petitgout Lowrys Environmental & Ecological Services, LLC 1823 Quinn Road Chester, SC 29706 RE: Canova Crossing Site; 23012.01 Dear Paul Petitgout: 13. Reid Wilson, Secretary Misty Buchanan Deputy Director, Natural Heritage Program \��1iUDIMI& 0 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 DEPARTMENT OF NATURAL AND CULTURAL RESOURCES 121 1N. JON S STREET, RALEIGI I_ NC 27603 - 16Sl MAOL SERVICE CENTER. PAL EIGH. rkc 276�0 OFC 919.707.9120 • FAK 919.707.9421 3 0 \ e \ ± z < ƒ \ z � } \ / 3 f\ 0 \: § \\ CO \/ 2 </ » t t t G : E e e e \ 2 E E E : / e 5 5 5 } \ g z e e e CO0 0 0 / \ § 3 3 3 » > ? } a a a \ \ / \ \ o / \ � CO \ / \ \ go -0 0\ / CO /®o©/ e © \ » CO2 g \ ƒ \ u Z CO CO Z \% 1o.%<e c 4 g = 3\ ƒ / 9 ® e / t COCO 0 .\ / \ _ / c u CO - \ \ \ \ \ } _ /\ e o 0 o Z \ / c \ \ \ _ e U E ( \ \ \ \ \ \ 0 \ / ) CO y y y 2\ \ \ \ d OOO/ u _ CO COj: \ \� \ \ 0 E / � \ E s CO»_ } ^ ° e § / 3 3 ? c \ COCOE \\ O \ \ ( \ \ ( \ \ \ E e e e u u u e \ CO % / t \ \ \ s e 0 0 o g g g= \ \ \ \ \ \ E \ \ \ / / ° co z \ \ \ M x / * Ln \ ( $ / / / E < < / / / 2 \ E o _ ` ) \ / / / s m§ z e % 0) 0)\ \ \ ( o 3 Z / / i 0 0 > > > e e»»» e` 2 Z Z xxuuuz \/ § / F � dq SAY a� 4zS IN an V I�aF 4!6 Deal Ave M Q1 C V 7 � Thornburg ❑f NE c Ad O L� A d N r � yoy/oyl N any 1st O i o a a V 5 anb 1sL Py � N� %= 3td COLrnly "j°R1P Rd $ N K LJ rjlfP {15O11 `il "NIA Woi Einan S[ SW llJ 4zz9� N D�N m� M O M N a United States Department of the Interior FISH AND WILDLIFE SERVICE Asheville Ecological Services Field Office 160 Zillicoa Street, Suite B Asheville, NC 28801-1082 Phone: (828) 258-3939 Fax: (828) 258-5330 e x hSai k 4YYFJiYJft +cfln7i� i� In Reply Refer To: 04/22/2024 13:49:38 UTC Project code: 2024-0079919 Project Name: Canova Crossing Federal Nexus: yes Federal Action Agency (if applicable): Army Corps of Engineers Subject: Technical assistance for'Canova Crossing' Dear Paul Petitgout: This letter records your determination using the Information for Planning and Consultation (IPaC) system provided to the U.S. Fish and Wildlife Service (Service) on April 22, 2024, for 'Canova Crossing' (here forward, Project). This project has been assigned Project Code 2024-0079919 and all future correspondence should clearly reference this number. Please carefully review this letter. Your Endangered Species Act (Act) requirements are not complete. Ensuring Accurate Determinations When Using IPaC The Service developed the IPaC system and associated species' determination keys in accordance with the Endangered Species Act of 1973 (ESA; 87 Stat. 884, as amended; 16 U.S.C. 1531 et seq.) and based on a standing analysis. All information submitted by the Project proponent into IPaC must accurately represent the full scope and details of the Project. Failure to accurately represent or implement the Project as detailed in IPaC or the Northern Long-eared Bat Rangewide Determination Key (Dkey), invalidates this letter. Answers to certain questions in the DKey commit the project proponent to implementation of conservation measures that must be followed for the ESA determination to remain valid. Determination for the Northern Long -Eared Bat Based upon your IPaC submission and a standing analysis, your project is not reasonably certain to cause incidental take of the northern long-eared bat. Unless the Service advises you within 15 days of the date of this letter that your IPaC-assisted determination was incorrect, this letter verifies that the Action is not likely to result in unauthorized take of the northern long-eared bat. Project code: 2024-0079919 IPaC Record Locator: 889-142080562 04/22/2024 13:49:38 UTC Other Species and Critical Habitat that May be Present in the Action Area The IPaC-assisted determination for the northern long-eared bat does not apply to the following ESA -protected species and/or critical habitat that also may occur in your Action area: • Bog Turtle Glyptemys muhlenbergii Similarity of Appearance (Threatened) • Dwarf -flowered Heartleaf Hexastylis nani flora Threatened • Monarch Butterfly Danaus plexippus Candidate • Tricolored Bat Perimyotis subflavus Proposed Endangered You may coordinate with our Office to determine whether the Action may cause prohibited take of the animal species listed above. Note that if a new species is listed that may be affected by the identified action before it is complete, additional review is recommended to ensure compliance with the Endangered Species Act. Next Step Consultation with the Service is necessary. The project has a federal nexus (e.g., Federal funds, permit, etc.), but you are not the federal action agency or its designated (in writing) non-federal representative. Therefore, the ESA consultation status is incomplete and no project activities should occur until consultation between the Service and the Federal action agency (or designated non-federal representative), is completed. As the federal agency or designated non-federal representative deems appropriate, they should submit their determination of effects to the Service by doing the following. 1. Log into IPaC using an agency email account and click on My Projects, click "Search by record locator" to find this Project using 889-142080562. (Alternatively, the originator of the project in IPaC can add the agency representative to the project by using the Add Member button on the project home page.) 2. Review the answers to the Northern Long-eared Bat Range -wide Determination Key to ensure that they are accurate. 3. Click on Review/Finalize to convert the `not likely to adversely affect' consistency letter to a concurrence letter. Download the concurrence letter for your files if needed. If no changes occur with the Project or there are no updates on listed species, no further consultation/coordination for this project is required for the northern long-eared bat. However, the Service recommends that project proponents re-evaluate the Project in IPaC if: 1) the scope, timing, duration, or location of the Project changes (includes any project changes or amendments); 2) new information reveals the Project may impact (positively or negatively) federally listed species or designated critical habitat; or 3) a new species is listed, or critical habitat designated. If any of the above conditions occurs, additional coordination with the Service should take place before project implements any changes which are final or commits additional resources. DKey Version Publish Date: 03/29/2024 2of12 Project code: 2024-0079919 IPaC Record Locator: 889-142080562 04/22/2024 13:49:38 UTC If you have any questions regarding this letter or need further assistance, please contact the Asheville Ecological Services Field Office and reference Project Code 2024-0079919 associated with this Project. DKey Version Publish Date: 03/29/2024 3 of 12 Project code: 2024-0079919 IPaC Record Locator: 889-142080562 04/22/2024 13:49:38 UTC Action Description You provided to IPaC the following name and description for the subject Action. 1. Name Canova Crossing 2. Description The following description was provided for the project'Canova Crossing': City of Conover, Catawba County, NC; ±14-ac; Residential Development; ASAP The approximate location of the project can be viewed in Google Maps: https: www. google.com/maps/(a)35.714487899999995,-81.22382161676971,14z DKey Version Publish Date: 03/29/2024 4 of 12 Project code: 2024-0079919 IPaC Record Locator: 889-142080562 04/22/2024 13:49:38 UTC DETERMINATION KEY RESULT Based on the answers provided, the proposed Action is consistent with a determination of "may affect, but not likely to adversely affect" for the Endangered northern long-eared bat (Myotis septentrionalis). QUALIFICATION INTERVIEW 1. Does the proposed project include, or is it reasonably certain to cause, intentional take of the northern long-eared bat or any other listed species? Note: Intentional take is defined as take that is the intended result of a project. Intentional take could refer to research, direct species management, surveys, and/or studies that include intentional handling/encountering, harassment, collection, or capturing of any individual of a federally listed threatened, endangered or proposed species? No 2. The proposed action does not intersect an area where the northern long-eared bat is likely to occur, based on the information available to U.S. Fish and Wildlife Service as of the most recent update of this key. If you have data that indicates that northern long-eared bats are likely to be present in the action area, answer "NO" and continue through the key. Do you want to make a no effect determination? No 3. The action area does not overlap with an area for which U.S. Fish and Wildlife Service currently has data to support the presumption that the northern long-eared bat is present. Are you aware of other data that indicates that northern long-eared bats (NLEB) are likely to be present in the action area? Bat occurrence data may include identification of NLEBs in hibernacula, capture of NLEBs, tracking of NLEBs to roost trees, or confirmed NLEB acoustic detections. Data on captures, roost tree use, and acoustic detections should post-date the year when white - nose syndrome was detected in the relevant state. With this question, we are looking for data that, for some reason, may have not yet been made available to U.S. Fish and Wildlife Service. No 4. Does any component of the action involve construction or operation of wind turbines? Note: For federal actions, answer `yes' if the construction or operation of wind power facilities is either (1) part of the federal action or (2) would not occur but for a federal agency action (federal permit, funding, etc.). No DKey Version Publish Date: 03/29/2024 5 of 12 Project code: 2024-0079919 IPaC Record Locator: 889-142080562 04/22/2024 13:49:38 UTC 5. Is the proposed action authorized, permitted, licensed, funded, or being carried out by a Federal agency in whole or in part? Yes 6. Is the Federal Highway Administration (FHWA), Federal Railroad Administration (FRA), or Federal Transit Administration (FTA) funding or authorizing the proposed action, in whole or in part? No 7. Are you an employee of the federal action agency or have you been officially designated in writing by the agency as its designated non-federal representative for the purposes of Endangered Species Act Section 7 informal consultation per 50 CFR § 402.08? Note: This key may be used for federal actions and for non-federal actions to facilitate section 7 consultation and to help determine whether an incidental take permit may be needed, respectively. This question is for information purposes only. No 8. Is the lead federal action agency the Environmental Protection Agency (EPA) or Federal Communications Commission (FCC)? Is the Environmental Protection Agency (EPA) or Federal Communications Commission (FCC) funding or authorizing the proposed action, in whole or in part? No 9. Is the lead federal action agency the Federal Energy Regulatory Commission (FERC)? No DKey Version Publish Date: 03/29/2024 Project code: 2024-0079919 IPaC Record Locator: 889-142080562 04/22/2024 13:49:38 UTC 10. Have you determined that your proposed action will have no effect on the northern long- eared bat? Remember to consider the effects of any activities that would not occur but for the proposed action. If you think that the northern long-eared bat may be affected by your project or if you would like assistance in deciding, answer "No" below and continue through the key. If you have determined that the northern long-eared bat does not occur in your project's action area and/or that your project will have no effects whatsoever on the species despite the potential for it to occur in the action area, you may make a "no effect" determination for the northern long-eared bat. Note: Federal agencies (or their designated non-federal representatives) must consult with USFWS on federal agency actions that may affect listed species [50 CFR 402.14(a)]. Consultation is not required for actions that will not affect listed species or critical habitat. Therefore, this determination key will not provide a consistency or verification letter for actions that will not affect listed species. If you believe that the northern long-eared bat may be affected by your project or if you would like assistance in deciding, please answer "No" and continue through the key. Remember that this key addresses only effects to the northern long-eared bat. Consultation with USFWS would be required if your action may affect another listed species or critical habitat. The definition of Effects of the Action can be found here: https://www.fws.gov/media/northern-long-eared-bat-assisted-determination-key selected -definitions No 11. [Semantic] Is the action area located within 0.5 miles of a known northern long-eared bat hibernaculum? Note: The map queried for this question contains proprietary information and cannot be displayed. If you need additional information, please contact your State wildlife agency. Automatically answered No 12. Does the action area contain any caves (or associated sinkholes, fissures, or other karst features), mines, rocky outcroppings, or tunnels that could provide habitat for hibernating northern long-eared bats? No 13. Does the action area contain or occur within 0.5 miles of (1) talus or (2) anthropogenic or naturally formed rock crevices in rocky outcrops, rock faces or cliffs? No DKey Version Publish Date: 03/29/2024 7of12 Project code: 2024-0079919 IPaC Record Locator: 889-142080562 04/22/2024 13:49:38 UTC 14. Is suitable summer habitat for the northern long-eared bat present within 1000 feet of project activities? (If unsure, answer "Yes.") Note: If there are trees within the action area that are of a sufficient size to be potential roosts for bats (i.e., live trees and/or snags >_3 inches (12.7 centimeter) dbh), answer "Yes". If unsure, additional information defining suitable summer habitat for the northern long-eared bat can be found at: https://www.fws.gov/media/northern- long-eared-bat-assisted-determination-key-selected-definitions Yes 15. Will the action cause effects to a bridge? No 16. Will the action result in effects to a culvert or tunnel? No 17. Does the action include the intentional exclusion of northern long-eared bats from a building or structure? Note: Exclusion is conducted to deny bats' entry or reentry into a building. To be effective and to avoid harming bats, it should be done according to established standards. If your action includes bat exclusion and you are unsure whether northern long-eared bats are present, answer "Yes." Answer "No" if there are no signs of bat use in the building/structure. If unsure, contact your local U.S. Fish and Wildlife Services Ecological Services Field Office to help assess whether northern long-eared bats may be present. Contact a Nuisance Wildlife Control Operator (NWCO) for help in how to exclude bats from a structure safely without causing harm to the bats (to find a NWCO certified in bat standards, search the Internet using the search term "National Wildlife Control Operators Association bats"). Also see the White -Nose Syndrome Response Team's guide for bat control in structures No 18. Does the action involve removal, modification, or maintenance of a human -made structure (barn, house, or other building) known or suspected to contain roosting bats? No 19. Will the action directly or indirectly cause construction of one or more new roads that are open to the public? Note: The answer may be yes when a publicly accessible road either (1) is constructed as part of the proposed action or (2) would not occur but for the proposed action (i.e., the road construction is facilitated by the proposed action but is not an explicit component of the project). Yes 20. Will any new road go through any area of contiguous forest that is greater than or equal to 10 acres in total extent? Note: "Contiguous forest" of 10 acres or more may includes areas where multiple forest patches are separated by less than 1,000 feet of non -forest if the forested patches, added together, comprise at least 10 acres. Yes DKey Version Publish Date: 03/29/2024 8of12 Project code: 2024-0079919 IPaC Record Locator: 889-142080562 04/22/2024 13:49:38 UTC 21. For every 1,000 feet of new road that crosses between contiguous forest patches, will there be at least one place where bats could cross the road corridor by flying less than 33 feet (10 meters) between trees whose tops are at least 66 feet (20 meters) higher than the road surface? Yes 22. Will the proposed action involve the creation of a new water -borne contaminant source (e.g., leachate pond pits containing chemicals that are not NSF/ANSI 60 compliant)? No 23. Will the proposed action involve the creation of a new point source discharge from a facility other than a water treatment plant or storm water system? No 24. Will the action include drilling or blasting? No 25. Will the action involve military training (e.g., smoke operations, obscurant operations, exploding munitions, artillery fire, range use, helicopter or fixed wing aircraft use)? No 26. Will the proposed action involve the use of herbicide or other pesticides (e.g., fungicides, insecticides, or rodenticides)? No 27. Will the action include or cause activities that are reasonably certain to cause chronic nighttime noise in suitable summer habitat for the northern long-eared bat? Chronic noise is noise that is continuous or occurs repeatedly again and again for a long time. Note: Additional information defining suitable summer habitat for the northern long-eared bat can be found at: https://www.fws. gov/media/northern-long-eared-bat-assisted-determination-key-selected-definitions No 28. Does the action include, or is it reasonably certain to cause, the use of artificial lighting within 1000 feet of suitable northern long-eared bat roosting habitat? Note: Additional information defining suitable roosting habitat for the northern long-eared bat can be found at: https://www.fws. gov/media/northern-long-eared-bat-assisted-determination-key-selected-definitions Yes 29. Will the action use only downward -facing, full cut-off lens lights (with same intensity or less for replacement lighting) when installing new or replacing existing permanent lights? Or for those transportation agencies using the Backlight, Uplight, Glare (BUG) system developed by the Illuminating Engineering Society, will all three ratings (backlight, uplight, and glare) be as close to zero as is possible, with a priority of "uplight" of 0? Yes DKey Version Publish Date: 03/29/2024 9 of 12 Project code: 2024-0079919 IPaC Record Locator: 889-142080562 04/22/2024 13:49:38 UTC 30. Will the action direct any temporary lighting away from suitable northern long-eared bat roosting habitat during the active season? Note: Active season dates for northern long-eared bat can be found here: https://www.fws.gov/media/inactive- season-dates-swarming-and-staging-areas. No 31. Will the proposed action result in the cutting or other means of knocking down, bringing down, or trimming of any trees suitable for northern long-eared bat roosting? Note: Suitable northern long-eared bat roost trees are live trees and/or snags >_3 inches dbh that have exfoliating bark, cracks, crevices, and/or cavities. Yes DKey Version Publish Date: 03/29/2024 10 of 12 Project code: 2024-0079919 IPaC Record Locator: 889-142080562 04/22/2024 13:49:38 UTC PROJECT QUESTIONNAIRE Enter the extent of the action area (in acres) from which trees will be removed - round up to the nearest tenth of an acre. For this question, include the entire area where tree removal will take place, even if some live or dead trees will be left standing. 12 In what extent of the area (in acres) will trees be cut, knocked down, or trimmed during the inactive (hibernation) season for northern long-eared bat? Note: Inactive Season dates for spring staging/fall swarming areas can be found here: https://www.fws.gov/media/inactive-season-dates-swarming-and- staging-areas 0 In what extent of the area (in acres) will trees be cut, knocked down, or trimmed during the active (non -hibernation) season for northern long-eared bat? Note: Inactive Season dates for spring staging/fall swarming areas can be found here: https://www.fws.gov/media/inactive-season-dates- swarming-and-staging-areas 12 Will all potential northern long-eared bat (NLEB) roost trees (trees >_3 inches diameter at breast height, dbh) be cut, knocked, or brought down from any portion of the action area greater than or equal to 0.1 acre? If all NLEB roost trees will be removed from multiple areas, select `Yes' if the cumulative extent of those areas meets or exceeds 0.1 acre. Yes Enter the extent of the action area (in acres) from which all potential NLEB roost trees will be removed. If all NLEB roost trees will be removed from multiple areas, entire the total extent of those areas. Round up to the nearest tenth of an acre. 12 For the area from which all potential northern long-eared bat (NLEB) roost trees will be removed, on how many acres (round to the nearest tenth of an acre) will trees be allowed to regrow? Enter `0' if the entire area from which all potential NLEB roost trees are removed will be developed or otherwise converted to non -forest for the foreseeable future. 0 Will any snags (standing dead trees) >_3 inches dbh be left standing in the area(s) in which all northern long-eared bat roost trees will be cut, knocked down, or otherwise brought down? Yes Will all project activities by completed by April 1, 2024? No DKey Version Publish Date: 03/29/2024 11 of 12 Project code: 2024-0079919 IPaC Record Locator: 889-142080562 04/22/2024 13:49:38 UTC IPAC USER CONTACT INFORMATION Agency: Lowrys Environmental & Ecological Services, LLC Name: Paul Petitgout Address: 1823 Quinn Road City: Chester State: SC Zip: 29706 Email ppetitgout@gmail.com Phone: 8039920910 LEAD AGENCY CONTACT INFORMATION Lead Agency: Army Corps of Engineers DKey Version Publish Date: 03/29/2024 12 of 12 JURISDICTIONAL DETERMINATION Delineation Concurrence Request urisdictional Determination Reauest US Army Corps of Engineers Wilmington DHStrict This form is intended for use by anyone requesting a jurisdictional determination (JD) from the U.S. Army Corps of Engineers, Wilmington District (Corps). 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.g my.mil/Missions/Re ul�atoiyPermitProgram/Contact/Coun!yLocator.aWx, 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 A. B. Jurisdictional Determination Request PARCEL INFORMATION Street Address: 613 County Home Road City, State: County: Conover, NC Catawba Parcel Index Number(s) (PIN): 373220929103 REQUESTOR INFORMATION Name: Michael Foess - Canova Crossing Par$ Mailing Address: PO BOX 644 Cornelius, NC 28037 Telephone Number: 704-828-6096 Electronic Mail Address: office.ccp@yahoo.com Select one: ❑ I am the current property owner. ❑ I am an Authorized Agent or Environmental Consultant) ❑✓ Interested Buyer or Under Contract to Purchase ❑ Other, please explain. C. PROPERTY OWNER INFORMATION' Name: County Home Road, LLC Mailing Address: 375 10th Avenue Drive NE Hickory, NC 28601-2647 Telephone Number: Electronic Mail Address: ' Must provide completed Agent Authorization Form/Letter. 2 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. County Home Road, LLC Print Name Capacity: ✓❑ Owner ❑ Authorized Agents Date 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. ❑ 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: 3 For NCDOT requests following the current NCDOT/USACE 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. 5 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) ❑✓ 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 I I review area. ✓� Size of Property or Review Area ± 14 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: 35.714040 N Longitude:-81.223817 W zA 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. http://www.saw.usace.army.mil/Missions/Regulatoiy-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 Forma W1 Vicinity Map zAerial Photograph z USGS Topographic Map Soil Survey Map zOther 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 �J Other Assessment Forms ' www.saw.usace.army.mil/Portals/59/docs/regulatory/readocs/JD/RGL 08-02 App A Prelim JD_ Form_fillable.pdf s Please see http://www.saw.usace.4M.mil/Missions/ReaWatory-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 federal jurisdiction 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 U.S. Army Corps of Engineers (USACE) Form Approved - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) OMB No. 0710-0024 For use of this form, see Sec 404 CWA, Sec 10 RHA, Sec 103 MPRSA; the proponent agency is CECW-COR. Expires 2024-04-30 DATA REQUIRED BY THE PRIVACY ACT OF 1974 Authority Rivers and Harbors Act, Section 10, 33 USC 403; Clean Water Act, Section 404, 33 USC 1344; Marine Protection, Research, and Sanctuaries Act, Section 103, 33 USC 1413; Regulatory Program of the U.S. Army Corps of Engineers; Final Rule for 33 CFR Parts 320-332. Principal Purpose The information that you provide will be used in evaluating your request to determine whether there are any aquatic resources within the review area that may be subject to federal jurisdiction 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 or FOIA request as required by federal law. Your name and property location where federal jurisdiction is to be determined will be included in any resulting jurisdictional determination (JD), which may be made available to the public on the District's website and/or on the Headquarters USACE website. Disclosure Submission of requested information is voluntary; however, if information is not provided, the request for a JD cannot be evaluated nor can a PJD be issued. The Agency Disclosure Notice (ADN) The public reporting burden for this collection of information, 0710-0024, is estimated to average 25 minutes per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or burden reduction suggestions to the Department of Defense, Washington Headquarters Services, at whs.mc-alex.esd.mbx.dd-dod-information-collectionsamail.mil. Respondents should be aware that notwithstanding any other provision of law, no person shall be subject to any penalty for failing to comply with a collection of information if it does not display a currently valid OMB control number. ME A. REPORT COMPLETION DATE FOR PJD: B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Michael Foess Canova Crossing Partners, LLC PO Box 644 Cornelius, NC 28031 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: D. PROJECT LOCATION AND BACKGROUND INFORMATION: (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: North Carolina County/Parish/Borough: Catawba City: Conover Center coordinates of site (lat/long in degree decimal format): Latitude: 35.714040 Longitude:-81.22381 ° Universal Transverse Mercator: Name of nearest waterbody: UT to Lyle Creek E. REVIEW PERFORMED FOR SITE EVALUATION (CHECKALL THATAPPLY): Office (Desk) Determination. Date: Field Determination Date(s): TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH "MAYBE" SUBJECT TO REGULATORY JURISDICTION. Site Latitude (decimal Longitude Estimated amount of Type of aquatic resource Geographic authority to which the Number degrees) (decimal degrees) aquatic resource in review (i.e., wetland vs. non- aquatic resource "may be" area (acreage and linear wetland waters) subject (i.e., Section 404 or feet, if applicable) Section 101404) WA 35.714515 -81.224764 f0.423-ac Wetland Section 404 ENG FORM 6249, NOV 2023 Page 1 of 3 Site Latitude (decimal Longitude Estimated amount of Type of aquatic resource Geographic authority to which the Number degrees) (decimal degrees) aquatic resource in review (i.e., wetland vs. non- aquatic resource "may be" area (acreage and linear wetland waters) subject (i.e., Section 404 or feet, if applicable) Section 101404) SA 35.713840 -81.224756 f 1,159 ft (f0.319-ac) Non -Wetland Waters Section 404 1) The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an approved 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 "preconstruction 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 or no JD whatsoever, which do 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 USACE 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 or reliance on no JD whatsoever; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of USACE permit authorization based on a PJD or no JD whatsoever 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 USACE 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: F. 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: Sheet 6 Delineation Concurrence Map ® 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 USACE: 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: 1:24,000 Newton, NC Quad. (2022) ENG FORM 6249, NOV 2023 Page 2 of 3 ® USDA Natural Resources Conservation Service Soil Survey. Citation: Web Soil Survey (2024) ® National Wetlands Inventory map(s). Cite Name: USFWS Wetlands Mapper (2024) State/Local Wetland Inventory map(s): ® FEMA/FIRM maps: FEMA FIRMS 3710373200J & 3710374200J [no 100 year floodplain shown on site] 100-year Floodplain Elevation is: . (National Geodectic Vertical Datum of 1929) ® Photographs: ® Aerial (Name & Date): Catawba County, NC GIS (2024) [2022 Aerial Photograph] or Other (Name & Date): 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 USACE and should not be relied upon for later jurisdictional determinations. Name of Regulatory Staff Member Completing PJD Date Signature of Regulatory Staff Member Completing PJD Name of Person Requesting PJD Date Signatureof Person Requesting PJD (REQUIRED, unless obtaining the Signatu a is Impracticable Michael Foess 2024-04-23 Districts may establish timeframes for requester to return signed PJD forms. If the requester does not espond within the established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action. ENG FORM 6249, NOV 2023 Page 3 of 3 Parcel Report - Catawba County NC Parcel Information: Parcel ID: 373220929103 Parcel Address: 613 COUNTY HOME RD City: CONOVER, 28613 LRK(REID): 18339 Deed Book/Page: 2119/1933 Subdivision: Lots/Block: 1 &2&ADJ/ Last Valid Sale: Plat Book/Page: 17/23 Legal: LOT 1&2&ADJ 1&2+ADJ PROP PL17-23 PL 17-23 Calculated Acreage: 13.810 Tax Map: 017C 03032 Township: NEWTON State Road #: Tax/Value Information: Tax Rates City Tax District: CONOVER County Fire District: All in City Building(s) Value: $0 Land Value: $105,800 Assessed Total Value: $105,800 Year Built/Remodeled: / Tax Revaluation 2023: Info, COMPER Online Appeals Valid Sales (COMPER) for this parcel Contact Tax Dept. at 828-465-8436 Current Tax Bill Miscellaneous: Current: If available, Building Permits for this parcel. Before 12/4/23: Building Permit Address Search for this parcel. If available, Building Permits for this parcel. Septic links are not permits. Septic Final Permits prior to 08/2018, contact Environmental Health. Building Details Watershed: Voter Precinct: P7/ Voting Map Parcel Report Data Descriptions List all Owners Deed History Report Owner Information: Owner: COUNTY HOME ROAD LLC Owner2: Address: 375 10TH AVENUE DR NE Address2: City: HICKORY State/Zip: NC 28601-2647 Update owner mailing address School Information: School District: NEWTON CONOVER Elementary School: SHUFORD Middle School: NEWTON CONOVER High School: NEWTON CONOVER School Map Zoning Information: Zoning District: CONOVER Zonings: R-9-CD Zoning2: Zoning3: Zoning Overlay: Small Area: Split Zoning Districts: / Zoning Agency Phone Numbers Firm Panel Date: 2007-09-05 Firm Panel #: 2010 Census Block: 3006 2010 Census Tract: 010202 Agricultural District: Assessment Report This map/report product was prepared from the Catawba County, NC Geospatial Information Services. Catawba County has made substanfial effort. to ensure the accuracy of location and labeling information contained on this map or data on this report. Catawba County promotes and recommends the independent verification of any data contained on this mapfreport product by the user. The County of Catawba, it. employees, agent., and personnel, disclaim, and shall rut be held liable for arty and all damages, lose or liability, whether direct, indirector consequenfial which arises or may arise from this map/report product or the use thereof by any person or entity. ® 2024, Catawba County Government, North Carolina. All rights reserved. y WRYL'AN 'DR �oR a °0 NORTR�RN � N pR 0R��0519 0 _n )� •.� � 'z p /NV 77 RN D NW HICK k RY b r f z n o 'p �i O m 73rH s T NW q°O 1 W aaa - o �m loaa - 0 0 RO STH 5T NE ('-,DOD/. 7rh'ST 2 RE'fTPLiyE 0 �CONOVER 7A q j Q 1 , zNp sT-SW Canova Crossing Site' STF or SW �000 2N Z ±14-acres a�MGAR��� �g ' 3Rfl STREF i PL SW -a r sT �q0 � s � © F� j 70 �qti a 6 TH'ST SW I 5� h� P� LLJ 4ypR y � ix . w z O W BOUNDARY ST z o t- •m p��SE ••` m l 3� iy I/ Canova Crossing Site 0 1,000 2,000 n l - Feet 1 inch equals 2,000 feet WDTH ST m � E 7- Source: USGS 1:24,000 Newton, NC (2022) Disclaimer: The information depicted on this figure is for informational purposes only and was not prepared for, and {d 'P is not suitable for legal or engineering purposes. j 1 Canova Crossing Site Lowrys Environmental 8� City of Conover, Catawba County, North Carolina USGS 1:24,000 Topographic Map Ecological Services, LLC 1823 Quinn Road Drawn By: SPP Date: 1-3-24 Rev. Chester, South Carolina 29706 Project Mgr. SPP Scale: 1:24,000 Sheet: 1 803-992-0910 k titifl � }~k511 I 5 � • � �y _ � � —. k r5' ��yLL x t l � � � � rff Y} x' 7 �r� ~,•� I �LSLy �I k ��� � � � �~• +~ � � �r ��'�}� � r� � r —�~••• � r�"-��a I '�}yyxl yy5�• � 5titi I ��rrf/v I / � J '' rM1• /� � I �� 1 5L{{L 1 ��1- � /�,���� +• r � rr�+*++�' �� .� ti` • kx f•• •1vy j � � � ltiF`�I f -"�� /� Il I '�� !r+�Jr ��—'- - I I + I r 'l :'T �•,`` x�X' •mil 1 q�•�}'Jr rl rrl � � Ii � r,� �f r rr � � � I kx �+•fir � ', �.' �l�'� + �} • r I I � �.�� L 1 + jJf '� 'SL Ir�rr r+ �r i r�11 r 1 'f ,� I I � iL by � � F5• � � I � � I ti 5pT • � f � r t_ f I 1 l r j i• r � ! Ir r � I �� '�7 r ' y } Canova Crossing Site � rrr•_¢ .'��•5� 1 ' ' ' rr+ I +14-acres 1 Ire 11 I r_ I f— __ F� L k ' S , . %rr r r } � � •.% k L� I ,. y 5 ti 55 �� '• ' IIL I I 4 k + + ma y , }I'S ��L+I k r x ti k,+' 'ti 4a `, J I ~k--Y' Canova Crossing Site Scale: Notto Scale Source: Catawba County, NC GIS (2024) Disclaimer: The information depicted on this figure is for informational purposes only and was not prepared for, and is not suitable for legal or engineering purposes. Canova Crossing Site Lowrys Environmental 8� City of Conover, Catawba County, North Carolina Catawba County, NC GIS Topographic Map Ecological Services, LLC Drawn By: SPP Date: 1-3-24 Rev. 1823 Quinn Road Chester, South Carolina 29706 Project Mgr. SPP Scale: Not to Scale Sheet: 2 803-992-0910 T 45 - - 41 Canova Crossing Site Scale: Notto Scale Source: Catawba County, NC GIS (2024) Disclaimer: The information depicted on this figure is for informational purposes only and was not prepared for, and is not suitable for legal or engineering purposes. Canova Crossing Site Lowrys Environmental 8� City of Conover, Catawba County, North Carolina Catawba County, NC GIS Aerial Map Ecological Services, LLC Drawn By: SPP Date: 1-3-24 Rev. 1823 Quinn Road Chester, South Carolina 29706 Project Mgr. SPP Scale: Not to Scale Sheet: 3 803-992-0910 Canova Crossing Site City of Conover, Catawba County, North Carolina USDA NRCS Soil Survey Map Drawn By: SPP Date: 1-3-24 Rev. Project Mgr. SPP Scale: 1:12,000 Sheet: 4 Lowrys Environmental 8, Ecological Services, LLC 1823 Quinn Road Chester, South Carolina 29706 803-992-0910 National Wetlands Inventory Wetlands Wetlands Lj QEstuarine and Marine Deepwater . Estuarine and Marine Wetland Canova Crossing Site Scale: As Shown Source: USFWS NWI Mapper (2024) Disclaimer: The information depicted on this figure is for informational purposes only and was not prepared for, and is not suitable for legal or engineering purposes. Canova Crossing Site City of Conover, Catawba County, North Carolina USFWS National Wetlands Inventory Map Drawn By: SPP I Date: 1-3-24 1 Rev. Project Mgr. SPP I Scale: As Shown I Sheet: 5 Freshwater Emergent Wetland Freshwater Forested/Shrub Wetland Freshwater Pond Lowrys Environmental 8, Ecological Services, LLC 1823 Quinn Road Chester, South Carolina 29706 803-992-0910 k titifl � }~k511 I 5 � • � �y _ � � -. k r5' ��yLL x t l � � � � rff Y} x' 7 �r� ~,•� I �LSLy �I k I Ile / x! rI Ir ' 1 lr f r I % �•.. r � r � rr � � � I kx r � ', �.'�� I + L.�• IF •l I I i r�' k I ti 5, fir' rr 1 I • 5 1 I 4 IF r2, FS• A f I ' S I', 5� �y 55 � I r � ,r r � f + � �' 1 %'; ` ell r r ! � } Canova Crossing Site rrr ?l �� ±14-acres 5I I IF— IFL F. r .''4�.M13. -yam Lti y I + ' r�,rr- x� t ti', I ti y r r I I_ _ )�. i k51 — k 4��� �• � � � � ;1� �����s�}I'S k}FI r rL L —#— i— }� I }'Ir' S ti I I ++. 5 55 k'. I.- I ~k--Y' — Canova Crossing Site Scale: Notto Scale Features 49W Source: Catawba County, NC GIS (2024) Non -Wetland Waters SA: ±1,159 LF (±0.319-ac) Disclaimer: The information depicted on thisfgure isfor informational purposes only and was not prepared for, and Wetland WA: ±0.423-ac is not suitable for legal or engineering purposes. Canova Crossing Site Lowrys Environmental 8� City of Conover, Catawba County, North Carolina Delineation Concurrence Map Ecological Services, LLC Drawn By: SPP Date: 1-3-24 Rev. 1823 Quinn Road Chester, South Carolina 29706 Project Mgr. SPP Scale: Not to Scale Sheet: 6 803-992-0910 U.S. Army Corps of Engineers OMB Control #: 0710-xxxx, Exp: Pending WETLAND DETERMINATION DATA SHEET — Eastern Mountains and Piedmont Region Requirement Control Symbol EXEMPT: See ERDC/EL TR-07-24; the proponent agency is CECW-CO-R (Authority: AR 335-15, paragraph 5-2a) Project/Site: Conova Crossing City/County: Conover/Catawba Sampling Date: 3-30-23 Applicant/Owner: Canova Crossing Partners, LLC State: NC Sampling Point: WA (Up) Investigator(s): Petitgout Section, Township, Range: Landform (hillside, terrace, etc.): hillside Local relief (concave, convex, none): convex Slope (%): 1 % Subregion (LRR or MLRA): LRR P, MLRA 136 Lat: 35.714515 Long:-81.224336 Datum: Soil Map Unit Name: Clifford Sandy Loam 10-15% Slope NWI classification: 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 No X 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 (B10) _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: ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont — Version 2.0 VEGETATION (Four Strata) - Use scientific names of plants. Sampling Point: WA (Up) Absolute Dominant Indicator Tree Stratum (Plot size: 30 ) % Cover Species? Status Dominance Test worksheet: 1. Liriodendron tulipifera 10 Yes FACU Number of Dominant Species 2. Liquidambar styraciflua 10 Yes FAC That Are OBL, FACW, or FAC: 3 (A) 3. Carya tomentosa 5 No UPL Total Number of Dominant 4. Quercus alba 5 No FACU Species Across All Strata: 7 (B) 5. Percent of Dominant Species 6. That Are OBL, FACW, or FAC: 42.9% (A/B) 7. Prevalence Index worksheet: 30 =Total Cover Total % Cover of: Multiply by: 50% of total cover: 15 20% of total cover: 6 OBL species 0 x 1 = 0 Sapling/Shrub Stratum (Plot size: 15 ) FACW species 0 x 2 = 0 1. Carya tomentosa 5 Yes UPL FAC species 20 x 3 = 60 2. Liquidambar styraciflua 5 Yes FAC FACU species 25 x 4 = 100 3. UPL species 10 x 5 = 50 4. Column Totals: 55 (A) 210 (B) 5. Prevalence Index = B/A = 3.82 6. Hydrophytic Vegetation Indicators: 7. _ 1 - Rapid Test for Hydrophytic Vegetation 8. 2 - Dominance Test is >50% 9. 3 - Prevalence Index is :53.0' 10 =Total Cover 4 - Morphological Adaptations' (Provide supporting 50% of total cover: 5 20% of total cover: 2 data in Remarks or on a separate sheet) Herb Stratum (Plot size: 5 ) -Problematic Hydrophytic Vegetation' (Explain) 1. Polystichum acrostichoides 5 Yes FACU 'Indicators of hydric soil and wetland hydrology must be 2. present, unless disturbed or problematic. Definitions of Four Vegetation Strata: 3. 4. Tree - Woody plants, excluding vines, 3 in. (7.6 cm) or 5. more in diameter at breast height (DBH), regardless of 6 height. 7. Sapling/Shrub - Woody plants, excluding vines, less 8. than 3 in. DBH and greater than or equal to 3.28 ft 9 (1 m) tall. 10. Herb - All herbaceous (non -woody) plants, regardless 11. of size, and woody plants less than 3.28 ft tall. 5 =Total Cover Woody Vine - All woody vines greater than 3.28 ft in 50% of total cover: 3 20% of total cover: 1 height. Woody Vine Stratum (Plot size: 30 ) 1. Vitis rotundifolia 5 Yes FAC 2. Smilax glauca 5 Yes FACU 3. 4. 5. Hydrophytic 10 =Total Cover Vegetation 50% of total cover: 5 20% of total cover: 2 Present? Yes No X Remarks: (Include photo numbers here or on a separate sheet.) ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont - Version 2.0 SOIL Sampling Point: WA (Up) Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color (moist) % Color (moist) % Type' Locz Texture Remarks 0-3 7.5YR 3/3 100 Loamy/Clayey 3-8 7.5YR 4/6 100 Loamy/Clayey 8-20 5YR 5/6 100 Loamy/Clayey 'Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains. Hydric Soil Indicators: _ Histosol (Al) _ Histic Epipedon (A2) —Black Histic (A3) —Hydrogen Sulfide (A4) _Stratified Layers (A5) 2 cm Muck (A10) (LRR N) _Depleted Below Dark Surface (A11) _Thick Dark Surface (Al 2) _Sandy Mucky Mineral (S1) _Sandy Gleyed Matrix (S4) _Sandy Redox (S5) —Stripped Matrix (S6) Dark Surface (S7) Restrictive Layer (if observed): Type: Depth (inches): Remarks: _ Polyvalue Below Surface (S8) (MLRA 147, 148) _Thin Dark Surface (S9) (MLRA 147, 148) _Loamy Mucky Mineral (F1) (MLRA 136) —Loamy Gleyed Matrix (F2) —Depleted Matrix (F3) _ Redox Dark Surface (F6) —Depleted Dark Surface (F7) _ Redox Depressions (F8) _ Iron -Manganese Masses (F12) (LRR N, MLRA 136) _ Umbric Surface (F13) (MLRA 122, 136) —Piedmont Floodplain Soils (F19) (MLRA 148) Red Parent Material (F21) (MLRA 127, 1479 148) 2Location: PL=Pore Lining, M=Matrix Indicators for Problematic Hydric Soils3: 2 cm Muck (A10) (MLRA 147) _Coast Prairie Redox (A16) (MLRA 147, 148) —Piedmont Floodplain Soils (F19) (MLRA 136, 147) —Red Parent Material (F21) (outside MLRA 127, 1479 148) _Very Shallow Dark Surface (F22) Other (Explain in Remarks) 31ndicators of hydrophytic vegetation and wetland hydrology must be present, unless disturbed or problematic. Hydric Soil Present? Yes No X ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont — Version 2.0 U.S. Army Corps of Engineers OMB Control #: 0710-xxxx, Exp: Pending WETLAND DETERMINATION DATA SHEET — Eastern Mountains and Piedmont Region Requirement Control Symbol EXEMPT: See ERDC/EL TR-07-24; the proponent agency is CECW-CO-R (Authority: AR 335-15, paragraph 5-2a) Project/Site: Canova Crossing City/County: Conover/Catawba Sampling Date: 3/30/23 Applicant/Owner: Canova Crossing Partners, LLC State: NC Sampling Point: WA (Wet) Investigator(s): Petitgout Section, Township, Range: Landform (hillside, terrace, etc.): floodplain Local relief (concave, convex, none): flat Slope (%): <1 Subregion (LRR or MLRA): LRR P, MLRA 136 Lat: 35.714515 Long:-81.224764 Datum: Soil Map Unit Name: Clifford Sandy Loam 10 - 15% Slope NWI classification: 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 No X 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) X High Water Table (A2) —Hydrogen Sulfide Odor (Cl) _ Drainage Patterns (B10) 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) _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) X FAC-Neutral Test (D5) Field Observations: Surface Water Present? Yes No X Depth (inches): Water Table Present? Yes X No Depth (inches): 10 Saturation Present? Yes X No Depth (inches): 7 Wetland Hydrology Present? Yes X No (includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont — Version 2.0 VEGETATION (Four Strata) - Use scientific names of plants. Sampling Point: WA (Wet) Absolute Dominant Indicator Tree Stratum (Plot size: 30 ) % Cover Species? Status Dominance Test worksheet: 1. Liquidambarstyraciflua 10 Yes FAC Number of Dominant Species 2. Acer rubrum 5 Yes FAC That Are OBL, FACW, or FAC: 7 (A) 3. Ulmus americana 5 Yes FACW Total Number of Dominant 4. Carpinus caroliniana 5 Yes FAC Species Across All Strata: 7 (B) 5. Quercus nigra 5 Yes FAC Percent of Dominant Species 6. That Are OBL, FACW, or FAC: 100.0% (A/B) 7. Prevalence Index worksheet: 30 =Total Cover Total % Cover of: Multiply by: 50% of total cover: 15 20% of total cover: 6 OBL species 0 x 1 = 0 Saplinq/Shrub Stratum (Plot size: 15 ) FACW species 5 x 2 = 10 1. Acer rubrum 5 Yes FAC FAC species 37 x 3 = ill 2. Liquidambar styraciflua 5 Yes FAC FACU species 0 x 4 = 0 3. UPL species 0 x 5 = 0 4. Column Totals: 42 (A) 121 (B) 5. Prevalence Index = B/A = 2.88 6. Hydrophytic Vegetation Indicators: 7. _ 1 - Rapid Test for Hydrophytic Vegetation 8. X 2 - Dominance Test is >50% 9. X 3 - Prevalence Index is <-3.0' 10 =Total Cover 4 - Morphological Adaptations' (Provide supporting 50% of total cover: 5 20% of total cover: 2 data in Remarks or on a separate sheet) Herb Stratum (Plot size: 5 ) -Problematic Hydrophytic Vegetation' (Explain) 1 . 'Indicators of hydric soil and wetland hydrology must be 2. present, unless disturbed or problematic. Definitions of Four Vegetation Strata: 3. 4. Tree - Woody plants, excluding vines, 3 in. (7.6 cm) or 5. more in diameter at breast height (DBH), regardless of 6 height. 7. Sapling/Shrub - Woody plants, excluding vines, less 8. than 3 in. DBH and greater than or equal to 3.28 ft 9 (1 m) tall. 10. Herb - All herbaceous (non -woody) plants, regardless 11. of size, and woody plants less than 3.28 ft tall. =Total Cover Woody Vine - All woody vines greater than 3.28 ft in 50% of total cover: 20% of total cover: height. Woody Vine Stratum (Plot size: 30 ) 1. Vitis rotundifolia 2 No FAC 2. 3. 4. 5 Hydrophytic 2 =Total Cover Vegetation 50% of total cover: 1 20% of total cover: 1 Present? Yes X No Remarks: (Include photo numbers here or on a separate sheet.) ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont - Version 2.0 SOIL Sampling Point: WA (Wet) Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color (moist) % Color (moist) % Type' Locz Texture Remarks 0-4 10YR 3/2 100 Loamy/Clayey 4-10 10YR 4/2 70 10YR 4/6 30 C M Loamy/Clayey Prominent redox concentrations 10-20 10YR 4/2 50 10YR 5/6 50 C M Loamy/Clayey Prominent redox concentrations 'Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains. Hydric Soil Indicators: _ Histosol (Al) _ Histic Epipedon (A2) —Black Histic (A3) —Hydrogen Sulfide (A4) _Stratified Layers (A5) _2 cm Muck (A10) (LRR N) X Depleted Below Dark Surface (A11) _Thick Dark Surface (Al2) _Sandy Mucky Mineral (S1) _Sandy Gleyed Matrix (S4) _Sandy Redox (S5) —Stripped Matrix (S6) Dark Surface (S7) Restrictive Layer (if observed): Type: Depth (inches): Remarks: _ Polyvalue Below Surface (S8) (MLRA 147, 148) _Thin Dark Surface (S9) (MLRA 147, 148) _Loamy Mucky Mineral (F1) (MLRA 136) —Loamy Gleyed Matrix (F2) X Depleted Matrix (F3) _ Redox Dark Surface (F6) —Depleted Dark Surface (F7) _ Redox Depressions (F8) _ Iron -Manganese Masses (F12) (LRR N, MLRA 136) _ Umbric Surface (F13) (MLRA 122, 136) —Piedmont Floodplain Soils (F19) (MLRA 148) Red Parent Material (F21) (MLRA 127, 1479 148) 2Location: PL=Pore Lining, M=Matrix Indicators for Problematic Hydric Soils3: 2 cm Muck (A10) (MLRA 147) _Coast Prairie Redox (A16) (MLRA 147, 148) X Piedmont Floodplain Soils (F19) (MLRA 136, 147) —Red Parent Material (F21) (outside MLRA 127, 1479 148) _Very Shallow Dark Surface (F22) Other (Explain in Remarks) 31ndicators of hydrophytic vegetation and wetland hydrology must be present, unless disturbed or problematic. Hydric Soil Present? Yes X No ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont — Version 2.0 NC DWQ Stream Identification Form Version 4.11 Date: J7 10 . ?Is Project/Site: Ct�%O(p,. Latitude: ,3$-713aLf o Evaluator: AMTTC?WI County: Longitude:-g�,22Y75(a Total Points: r Stream is at least intermittent U Stream Determination (circle one) Ephemeral Intermittent erennia Other &iGW oM me e.g. Quad Name: �oRpC2c12Z� if >_ 19 or erennial if a30 A. Geomorphology (Subtotal = 1 5) Absent Weak Moderate Strong 1a. Continuity of channel bed and bank 0 1 2 3• 2. Sinuosity of channel along thalweg 0 1 3 3. In -channel structure: ex. riffle -pool, step -pool, ripple -pool sequence 0 1 2. 3 4. Particle size of stream substrate 0 1 3 5. Active/relict floodplain 0 2 3 6. Depositional bars or benches 0 2 3 7. Recent alluvial deposits 0 1 2 3 8. Headcuts 0 1 2 3 9. Grade control 0 0.5 1.5 10. Natural valley 0 0.5 1 1. 11. Second or greater order channel o = 0 Yes = 3 a artificial ditches are not rated; see discussions in manual B. Hydrology (Subtotal = �) 12. Presence of Baseflow 0 1 2 13. Iron oxidizing bacteria 0 1 2 3 14. Leaf litter 1.5 1 0.5 0 15. Sediment on plants or debris 0 0.5 71 1.5 16. Organic debris lines or piles 0 1 0.5 1 1 1.5 17. Soil -based evidence of high water table? No = 0 Ces,= C. Biology (Subtotal = b &-) 18. Fibrous roots in streambed 3 T 2 1 0 19. Rooted upland plants in streambed 3, 2 1 0 20. Macrobenthos (note diversity and abundance) 0 . 1 2 3 21. Aquatic Mollusks CO)1 2 3 22. Fish 0 0.5 1 ' 1.5 23. Crayfish 0 0.5 1 1.5 24. Amphibians 0 0.5 1 1.5 25. Algae 0 0:5 1 1 1.5 26. Wetland plants in streambed FACW = 0.75; OBL = 1.5 COther = 0 'perennial streams may also be identified using other methods. See p. 35 of manual. Notes: aN -A\ Sketch: ADJACENT PROPERTY OWNERS ADJACENT PROPERTY OWNERS - CANOVA CROSSING MOSER, DAVID 822 2ND ST NW CONOVER, NC 28613-2602 JCH COHO LLC 6128 BROOKSHIRE BLVD STE G CHARLOTTE, NC 28216-2423 FRAZIER GLENDA STEWART PO BOX 1420 CONOVER, NC 28613-1420 ELLIOTT JULIUS LONZO ELLIOTT VEDA B 4727 WHITE EAGLE LN HICKORY, NC 28602-9459 DUNBAR FAMILY REVOCABLE LIVING TRUST DUNBAR CUYLER A TRUSTEE 1105 BEDFORDSHIRE CT NASHVILLE, TN 37221-3622 RHODES TIMOTHY LEONARD RHODES CONNIE R PO BOX 1023 CONOVER, NC 28613-1023 HERMAN DEBORAH L 4003 PONY DR CONOVER, NC 28613-7518 SMITH JAIME SMITH JENNIFER 315 4TH AVE NW CONOVER, NC 28613-2522 JOHNSON KENNETH LFI 311 4TH AVE NW CONOVER, NC 28613-2522 REID RALPH A JR REID LESLIE PO BOX 635 CONOVER, NC 28613-0635 SAINE JOAN 702 2ND ST NW CONOVER, NC 28613-2663